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HomeMy WebLinkAbout2002-10-16 Council PacketKenai City Council Meeting Packet October 16, 2002 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 16, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us ITEM A: CALL TO ORDER , 2. 3. 4. 5. 6. 7. Pledge of Allegiance Roll Call CERTIFICATION OF ELECTION OATHS OF OFFICE ELECTION OF VICE MAYOR Agenda Approval Consent Agenda *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) o David Wartinbee -- Personal Property Tax on Airplanes ITEM C: "PUBLIC HEARINGS Xe 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. Remove from table. Substitute 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. Consideration of substitute. , Resolution No. 2002-68 -- Rescinding Resolution No. 2002-59 and Awarding the Bid to Hutchings Chevrolet Cadillac, Inc. for an Airport Dump Truck - 2002 for the Total Amount of $78,969.30. , Resolution No. 2002-69 -- Adopting the City of Kenai, Alaska 2003- 2004 Capital Improvement Project (CIP) Priority List for Request of State Grants. o Resolution No. 2002-70 -- Directing the Continuation of the Project Entitled Toyon Way Paving LID and Designating What Improvements are to be Included in this Project. , Resolution No. 2002-71 -- Supporting the Development of a Dental Clinic in Kenai. . ITEM D: Resolution No. 2002-72 -- Designating Department Assistant Sharon Harris as Deputy Clerk. COMMISSION/COMMITTEE REPORTS o 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning as 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 October 2, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: . NEW BUSINESS Bills t° be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 e Discussion -- Arctic Winter Games Support ITEM I: REPORT OF THE MAYOR ITEM J: ADMI1TISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. ITEM L: ADJOURNMENT MAYOR'S REPORT OCTOBER 16~ 2002 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REQUESTED BY: ADD TO. ADD TO: SUBSTITUTE: ADD TO: Resolution No. 2002-70 (directin§ the continuation of the Toyon Way LID project} -- 10 / 14/02 Randy Canady letter supportin§ the pavin§ project. D-3, Harbor Commission Report -- 10/14/02 letter of resignation from the Harbor Commission from F.C. Ro§ers and copies of current applicants for consideration. H-2, Purchase Orders Exceeding $2,500 -- Addition of purchase order to ACS for a telephone system for the ARFF/SRE Facility. I-1, Report of the Mayor -- 9/26/02 Junior Achievement Letter requestin§ sponsorship donation. CLERK CLERK FINANCE DIRECTOR CLERK CONSENT AGENDA No changes. MAYOR'S REPORT ~ >0o ~ ~ Z ~ ii -- ~>0o ;o (/~Z~ < 0 Z 0 Election Ballots Kenai City Council October 16, 2002 Item A- 5 .... L III I I tll LI III I , ' i -~-- Election Ballots Item A- 5 Kenai City Council October 16, 2002 CITY OF KENAI REGULAR ELECTION OF OCTOBER 1, 2002 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October October 1, 2002. CITY COUNCIL/THREE-YEAR SEATS: VOTES CANDIDATE RECEIVED Osborne, John ~Ozzie' 455 Swarner, Linda 708 Eldrid§e, R. BmTy 410 Bannock, Duane 569 Aaronson, Dustin 263 Write-Ins 12 ABSENTEE BALLOTS RECEIVED (in-person, personal representative, by-mail) 141 (~UESTIONED BALLOTS RECEIVED 39 ABSENTEE BALLOTS COUNTED 136 qUESTIONED BALLOTS COUNTED 19 POLL VOTER TURN OUT 1232 TOTAL VOTER TURN OUT 1412 NIIMBER OF KENAI REGISTERED VOTERS 4896 VOTER TURN OUT 29% John J. Williams, Mayor Linda Swarner, Vice Mayor James C. Bookey, III, Council Member Joe Moore, Council Member Duane Bannock, Council Member Pat Porter, Council Member ATTEST: Date Carol L. Freas, City Clerk 4 October 2002 Kenai City Council City Hall 210 Fidelgo Ave Suite 200 Kenai, Alaska 99611 Ladies and Gentlemen' A couple weeks ago I came to the Council and voiced my concerns about your continued taxation of small airplanes at the Kenai Airport and the resulting exodus of planes to the Soldotna Airport. At that time I noted that the real harm is to the business community of the area since there is far less traffic going past, through, or to the businesses of Kenai. Mayor Williams was supposedly insulted, seemed not to care, and questioned if the tax was in fact the reason planes have left. I have spoken with a number of local business people who are in fact feeling the effects of your successful efforts to chase away the small plane owners. Several others have contacted me and stated that I was only recognizing that "the king wasn't wearing clothes". It is appropriate that you hear from people in your own community about their business concerns. This letter is to formally request an opportunity in your agenda of the October 16th meeting for several of your business people to be heard. These business people will come before you and briefly tell you in person about how your continued taxation of small aircraft had impacted them. Thank you for your time and the opportunity to be heard. David Wartinbee PhD, JD P.O. Box 157 Soldotna, Alaska 99669 907 260-193 5 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM To: From: Linda Snow, City Manager Larry Semmens, Finance Director~, Date: December 5, 2001 Subject: Property Tax on Aircraft The attached includes: · Comparison of tax for a large charter operator in the Kenai, Soldotna or Nikiski taxing jurisdictions and Anchorage. · Aircraft accounts detail in 2001 and 1998. · Aircraft accounts opened since 1998. · Aircraft accounts closed since 1998. · Memo's. regarding personal property tax options. This information is compiled for distribution at the joint council and airport commission meeting on December 13, 2001. COMPARISON OF TAX BY LOCATION FOR A LARGE CHARTER OPERATOR Kenai Plane 1 Plane 2 Plane 3 Plane 4 Value City Tax Borough tax Total Tax 97,000.00 339.50 593.52 933.02 121,000.00 423.50 740.37 1,163.87 162,500.00 568.75 994.30 1,563.05 162,500.00. 568.75 994.30 1,563.05 543,000.00 1,900.50 3,322.50 5,223.00 Soldotna Plane 1 Plane 2 Plane 3 Plane 4 Value Exemption Taxable Value Total Tax 97,000.00 17,863.72 79,136.28 929.85 121,000.00 22,283.61 98,716.39 1,159.92 162,500.00 29,926.34 132,573.66 1,557.74 162,500.00 29,926.34 132,573.66 1,557.74 543,000.00 100,000.00 443,000.00 5,205.25 Nikiski Plane 1 Plane 2 Plane 3 Plane 4 Value Exemption Taxable Value Total Tax 97,000.00 17,863.72 79,136.28 945.68 121,000.00 22,283.61 98,716.39 1,179.66 162,500.00 29,926.34 132,573.66 1,584.26 162,500.00 29,926.3.4. 132,573.66 1,584;26. 543,000.00 100,000.00 443,000.00 5,293.85 Anchorage Registration fee Plane I 75.00 Plane 2 75.00 Plane 3 75.00 Plane 4 75.00 300.00 Tax Rates Kenai 3.50 Soldotna 1.65 CES 2.60 CPGH 0.40 Borough 7.00 College 0.10 Nikiski Overlapping 11.00 11.75 11.95 Aircraft Accounts 1998 ACCOUNT PROP TYF ITEM VALUE 06377 Total $ 6,620,000 06465 Total $ 1,640,000 07804 Total $ 190,000 23732 Total $ 35,500 27984 Total $ 28,000 29610 Total $ 45,000 31869 Total $ 39,000 39767 Total $ 26,000 47341 Total $ 29,000 49440 Total $ 704,250 58009 Total $ 34,712 58772 Total $ 31,000 59595 Total $ 12,300 60644 Total $ 16,000 63251 Total $ 45,500 63253 Total $ 125,000 63254 Total $ 37,000 64561 Total $ 23,~ 65155 Total $ 151,500 65328 Total $ 5,000 66625 Total $ 76,0(X~ 66711 Total $ 15,000 67095 Total $ 19,758 67118 Total $ 18,000 67546 Total $ 16,750 68978 Total $ 56,100 69028 Total $ 13,430 69550 Total $ 56,000 69552 Total $ 15,0(X) 69574 Total $ 500 69576 Total $ 400 69739 Total $ 43,000 69881 Total $ 15,250 69947 Total $ 24,000 69961 Total $ 14,500 70228 Total $ 240,500 70243 Total $ 39,500 70341 Total $ 30,000 71237 Total $ 10,000 72024 Total $ 9,000 72702 Total $ 8,500 72852 Total $ 24,000 72935 Total $ 36,500 72936 Total $ 58,000 72982 Total $ 3,500 72983 Total $ 16,000 73930 Total $ 52,000 74097 Total $ 15,500 74961 Total $ 46,000 74969 Total $ 10,700 75125 Total $ 22,000 75301 Total $ 8,000 76278 Total $ 17,000 76780 Total $ 41,000 Grand Total $ 10,909,650 Kenai Tax NAME 23,170 SOUTHCENTRAL AIR INC 5.740 KENAI AIR ALASKA INC 665 KENAI AVIATION 124 BOWEN JACK W & WILLIE MAE 98 HEUS CLIFFORD A & KATHLEEN 158 KONTE FRANK J & WILLA D 137 TURNER PAUL E 91 BALDWIN C R & BARBARA L 102 ALASKA TRAVEL CACHE INC 2,465 ERA AVIATION INC 121 RICHEY ROBERT A 109 DOWNS DENNIS 43 CARR JAMES R 56 DESHONG WILLIAM 159 HOLLAND CARL JR 438 LOFSTEDT VERNON L 130 BOBEK JANICE C 82 BENNETT REX D'& CAREN A 530 AVIATION INSURANCE OF ALASKA INC 18 WILLIAMSON JAMES 266 PORTER LARRY E & PATRIClA 53 DUKE AVIATION 69 MACHADO DAVID V 63 WILLARD THOMAS K 59 BENTON DEWAYNE 196 ALASKA. FLYING NETWORK INC 47 FEDERAL EXPRESS CORPORATION 196 BIELEFELD JAMES L 53 HARPER KEN C 2 MURPHY MARLENA 1 HOUTZALLEN D 151 YRAGUI DAVID N 53 SADDLER DARRELL L 84 EICHHOLZ DEAN W 51 MARBLE CHARLES E 842 LOFSTEDT CRAIG 138 LEONARD DAVlDJ 105 RONS ALASKA LODGE 35 SUYDAM LOWELL K 32 WHITFORD ROY I 30 MACDERMAID HARRY R 84 GRAY TED J & JOAN 128 ERNST RICHARD D 203 MCINTOSH MARGUERITE A 12 FURLONG WILLIAM D 56 HARALSON DOUGLAS K 182 TYLER FISHERIES INC 54 COPPLE CHRISTOPHER G 161 MOORE DALE E OR TJ HENLEY MOORE 37 MAYNARD TIMOTHY W 77 TERHUNE JON P 28 KIPP GLEN 60 DOUBLE AA CHARTERS/SNOWPLOWING 144 JOHNSON JOHNNY L . 38,184 South Central Air $ 6,620,000 $ 23,170 Net of SCA $ 4,289,650 $ 15,014 Aircraft Accounts 2001 ACCOUNT 2001 ITEM VALUE 49440 $ 4,333,427 06465 $ 1,009,000 70228 $ 616,000 78411 $ 354,640 07804 $ 305,000 77993 $ 161,000 65155 $ 121,000 78107 $ 107,000 77282 $ 92,000 76794 $ 87,000 66625 $ 72,000 76908 $ 72,000 76972 $ 65,951 77283 $ 65,000 63253 $ 60,000 72936 $ 55,000 69574 $ 54,000 71237 $ 51,000 69028 $ 49,082 73930 $ 46,000 77298 $ 44,000 78409 $ 43,652 71242 $ 43,000 63251 $ 42,100 63254 $ 38,700 39767 $ 36,400 77299 $ 35,600 58009 $ 34,256 23732 $ 30,867 68682 $ 29,100 78341 $ 27,980 70341 $ 27,100 77961 $ 27,000 78089 $ 27,000 27984 $ 26,100 69552 $ 23,500 77118 $ 22,200 77238 $ 19,600 72852 $ 19,600 77617 $ 19,600 77469 $ 19,500 72702 $ 16,831 77276 $ 15,800 77475 $ 15,800 77963 $ 15,600 76278 $ 14,900 75301 $ 14,500 75308 $ 14,500 65328 $ 14,500 77273 $ 14,300 69881 $ 13,200 77496 $ 12,500 77872 $ 12,000 72983 $ 10,330 77263 $ 10,000 77038 $ 10,000 69576.. ~ 2,000 $ 8,619,716 NAME 15,167 ERA AVIATION INC 3,532 KENAI AIR ALASKA INC 2,156 LOFSTEDT CRAIG 1,241 LOFSTEDT CRAIG R 1,068 KENAI AVIATION 564 GROSECLOSE BRIAN K 424 AVIATION INSURANCE OF ALASKA INC 375 ARROWHEAD CAPITAL CORP 322 KENAI HELICOPTERS INC 305 VERSAW AIR INC 252 PORTER LARRY E & PATRICIA 252 THOMSON PETER J 231 EVERTS CLIFFORD R 228 LOFSTEDT VERN 210 LOFSTEDT VERNON L 193 MCINTOSH MARGUERITE A 189 MURPHY MARLENA P 8, ROGER L 179 SUYDAM LOWELL K 172 FEDERAL EXPRESS CORPORATION 161 TYLER FISHERIES INC 154 CRAMER ROGER L 153 WATKINS ROBERT J 151 ALASKA WEST GUIDES & OUTFITTERS 147 HOLLAND CARL JR 135 BOBEK JANICE C 127 BALDWIN C R & BARBARA L 125 NORTHCOTT THOMAS JAMES 120 RICHEY ROBERT A 108 BOWEN JACK W & WILLIE MAE 102 COUP JOE L 98 JOHNSON DWIGHT 95 RON'S ALASKA LODGE 95 BARNES ERIK 95 WALLINGFORD DAVID P 91 HEUS CEFFORD A & KATHLEEN 82 HARPER KEN C 78 EARL JOHN M 69 AVlGO MARC C 69 GRAY TED J & JOAN 69 HEAZLETT JAMES R 68 STROTHER JOHN & BRENDA J 59 MACDERMAID HARRY R 55 BANKSON MIKE L 55 YOUNG CHARLES 55 CLOUD CONSTANCE L 52 DOUBLE AA CHARTERS/SNOWPLOWING 51 KIPP GLEN 51 WANNAMAKER KlM 51 WILMAMSON JAMES 50 GRIEBEL ANDREW R 46 SADDLER DARRELL L 44 KNACKSTEDT HENRY H & 42 OLDENBURG SCOTT J 36 HARALSON DOUGLAS K 35 BOCKJACQUEUNE DAWN 35 YANCEY EMRON A 7 HOUTzALLEN D 30,169 Accounts included in 1998 not in 2001 ['~~.~.i..' ..... i.../~. 'NAME i~ ~,'.~-;~.~..~'.. , ,, AI. ASKA FLYING ~ETWORK INC '.~KA TRAVEL CACHE INC BENNETT'REX D & CAREN A BE---NTON DEWAYNE .~.~_.~ .............. BIELEFELD .JAMES L CARR dAME6 R ¢OPFLE'~HRISTOPHER G DESHON(~ WILLIAM DOWNSbENNI$ DUKE AVIATION EICHHOi~'DEAN W · ERNST-RICHARD D FURLON(~ WILLIAM D JOHNSON ~OHNNY L KONTE-FRANK U & WlLLA D LEONAi~-DAVID ~ MACHADO DAVID V MJ~.~i~ CHARLES E MAYNA~-D TIMOTHY W ~ .................. · MOORE DALE E OR ?d HENLEY MOORE 'TERkUNE uON p ~TURNER-PAUL E iWHIIY~D ROY I WILLAR[~'YHOMAS K YRA(Wl DAVID N iSOUTH~ENTRAI. AIR IN¢ !(~mnd ................... Net of 8outh Central Air 1,1998 !.TEM COSTITax $30,909.00 $ 108.18 $11,050.00 $ 38.68 $30,500.00 $ 106.75 $8,700.00 $ 23.45 $39,500.00 $ 138.25 $7,500.00 $ 26.25 $13,000.00 $ 45.50 $8,000.00 $ 28.00 $12,000.00 $ 42.00 $9,716.00 $ 34.01 $8,500.00 $ 29.75 $16,000.00 $ 56.00 $1:3,000.00 $ 45.50 $41,000.00 $ 143.50 $24,000.00 $ 84.00 $15,000.00 $ 52.50 $14,500.00 $ 50.75 $10,000.00 $ 35.00 $10,000.00 $ 35.00 $42,000.00 $ 147.00 $7,000.00 $ 24.50 $21,500.00 $ 75.25 $8,500.00 $ 29.75 $10,000.00 $ 35.00 S11.000.00 $ 38.50 $6,845,216.00 $23,958.26 $7,266,091.00 $ 25,431.32 $ - $420,875.00 $ 1,473.06 58.92 Accounts in 2001 that are not in 1998 $43,000 ........................ $107,000 $19,600 ............................. $15,8oo $27,000 $1o,ooo · $15,600 $29,100 $48,950 $22,200 $65,951 $14,300 $161,000 $19,600 $27,98O $92,000 $12,500 $354,640 $65,000 $35,600 $12,000 $19,500 $72,000 ............................... $87,919' $ $27,000 $14,500 $43,652 $1o,ooo ~lS.Soo $1,489,192 Kenai Tax NAME 150.50 ALASKA WEST GUIDES & OUTFITTERS 374.50 ARROWHEAD CAPITAL CORP 68.60 AVlGO MARC C 55.30 BANKSON MIKE L 94.50 BARNES ERIK 35.00 BOCK JACQUEENE DAWN 54.60 CLOUD CONSTANCE L 101.85 COUP JOE L 171.33 CRAMER ROGER L 77.70 EARL JOHN M 230.83 EVER'IS CLIFFORD R 50.05 GRIEBEL ANDREW R 563.50 GROSECLOSE BRIAN K 68.60 HEAZLETT JAMES R 97.93 JOHNSON DWIGHT 322.00 KENAI HELICOPTERS INC 43.75 KNACKSTEDT HENRY H & 1,241.24 LOFSTEDT CRAIG R 227.50 LOFSTEDT VERN 124.60 NORTHCOTT THOMAS JAMES 42.00 OLDENBURG SCOTT J 68.25 STROTHER JOHN 8, BRENDA J 252.00 THOMSON PETER J 307.72 VERSAW AIR INC 94.50 WALLINGFORD DAVID P 50.75 WANNAMAKER KlM 152.78 WATKIN$ ROBERT J 35.00 YANCEY EMRON A 55.30 YOUNG CHARLES $5,212 Lincla Snow, City Manager Larry Semmens, Finance Director Dat~: October 15,2001 Personal Property Tax Here are details and potential impacts of changes to the tax on personal property. Assessed value data is from the Borough for calendar year 2001. Total Personal Property Assessed Value Tax at 3.5 mils Number of Accounts 920 $48,424,439 169,485 Total Assessed Value of Boats Tax at 3.5 mils Number of Accounts 497 Total Ass~'ss~ Value of Aircrat~ Tax at 3.5 mils Number of Accounts 57 8,170,637 28,597 8,619,716 30,169 If the 1 ~ $100,000 of each account was exempt: Taxable assess~ value would be Tax at 3.5 mils Number of Accounts 49 $29,718,888 104,016 Loss in revenue $65,469 If just the $100,000 exemption was adopted, there would be 5 boat accounts lett with taxable value of $63,721; 8 aircraR accounts with taxable value of $6,207,067; and 36 other accounts with taxable value of $23,448,100. Cm~ently all taxnble personal property except automobiles is taxed by the City according to the taxable assessed value of the property. Automobiles are taxed according to the type and age of the vehicle, value is not a factor. The motor vehicle tax is collected by the State at the time of registrntion. Taxnble personal property includes all personal property used in a business, and boats and airplnnes owned by individuals. The Borough's $100,000 exemption applies to all Borough personal property accounts, whether individual or commercial, except that boats are taxed on a flat tax schedule based on length of the boat. For larger boats the flat tax is generally much less than the tax based on value, while smaller boats are often levied more on the flat tax basis than they would be if the tax was based on value. Regarding which property should be taxed, one element to be considered is equal treatment among classes of personal property. If a particular class of personal property, like aircraft, is exempt from taxation, it is probable that owners of other classes of personal property of similar use or value will expect the same treatment. There are many options for taxation of personal property that the City could adopt. Any change must be adopted prior to December 31,2001 to be effective the following year. Attached are memo's previously written on this topic. Interestingly, the assessed value of aircratt is up 20% from last year and boats are down 5% fi'om 1998. In 1998 aircraft assessed value was $11 million including $7 million owned by now defunct South Central Air. The assessed value attributed to ERA aircraft is significantly higher in 2001 than 1998. There were 54 aircraft accounts in 1998 and 57 accounts in 2001. Memorandum From · Linda Snow, City Manager Larry Semmens, Finance Director Date: October 25,2001 Re: Personal Property Tax Options I talked to Shane Horan, Borough Assessor and Steve Van Zant, State Assessor. There are many options for taxing personal property including ad veiorum, flat tax, value exemptions, class of owner exemptions, type exemptions and combinations of all options. The tax must be reasonable and have a basis in fairness. Other than that there are few limitations. The Borough exempts the first $100,000 of personal property assessed value per owner, other than boats. Boats are taxed on a fiat tax basis according to length. The City could adopt this plan with variations on the exemption amount and/or the amount of flat tax. An exemption level of $50,000 on ali personal property except boats would exempt about 70% of aircraft accounts while preserving 78% of the taxable value of aircraft. This exemption would cost about $28,000 in lost revenue. Taxing Kenai boats at ½ of the borough flat tax schedule would generate the same amount as the curr~nt ad' Velorum tax - about $30,000. There would be winners and losers: the biggest winner would save $240 and the biggest loser would see a tax increase of $103. Be assured the people with projected increases will view this quite unfavorably because these boat owners would be the only class of personal property owner denied a tax decrease under this plan. Another option would be a straight exemption on all personal prapcrty with the following results' Revenue Accounts Loss remaining All exempt $169,600 A $100,000 exemption $ 56,500 49 A $50,000 exemption $ 53,000 113 A $25,000 exemption $ 40,000 234 As mentioned, there are practically limitless options. If you have specific scenarios that you would like me to evaluate, just let me know. CITY OF KENAI RESOLUTION NO. 2002-65 Suggested by: Ct. ...... 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 above. 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 RESOLUTION NO. 2002-65 SUBSTITL .._ Suggested by: Council 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, by mutual agreement of all property owners and the city, the maximum assessment on Lot # 1 will be ten percent (10%), instead of 25%, of the total cost attributable to this lot based on the size of the lot, with the remaining 15% of the cost attributable to Lot # 1 being shared equally by the other four lots, in addition to their 25% allocation based on lot size; 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. Resolution No. 2002-65 Page 2 of 2 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 above. 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 ' PRELIMINARY ASSESSMENT ROLL .... 1, ' SCHOONER CIRCLE LID Below c, OSt~ a,re estimat~ - final cost will be based on the actual cost of the pro~ ' Propertie~ to be asiesmKl: Lots 1-5 Block 3 VIP Park Estates Subdivision OWNER Lotl,' ACRE , Square Feet % of Total 100 % of Cost IE.rSA.~...d Adjustment A~e~nlent Milinta ] I i 1.55j 67,518 0.259631 5,1931 1,298 (780). 5i8 W-- t 2 'I 1.1ii 49,658 0.190955, 3,819 I 955 195 1150 Ch~ 3 ' 1.~ s~,~o~ o.~7sSs 3,~s3 i 9Ss l~S ~1s3 Sca~n ~ ~.~ ~,7S7 0.~S7S0S 3,7S~ i 93a ~S 1133 j~=e. 5, 0.9sI ~2,~89 ' 0.~15~ 3,2S3 i 821 ' l~S 101s Muni Match Grant (70%) 14,000 .- Genera Fund (5%) J. 1,000 No As~.~nent can be higher than 2~'~, of fair market value includin~l neflt of work. II'ow is KPB) REcOR. D owNER LotI V~,~u. ~nd ~/a~u. struc Land +Struc 2S% o~ Tot~ E.t.$~ Milinta I 20,300 125,600 145,900 36,475 518 Weave 2 20,300 89,400 109,700 27,425 1150 , , Chimm 3 20,300 112,200 132,500 33,125 1183 ,, Sc, allan 4 20,300 80,600 100,900 25,225 1133 Jensen, , 5 20,3(X) 103,700 124,000 31,000t 1016 t IMPROVEMENTS: ,,Gmdin~ & Backfill; Drainacje; Pavin!];Topsoil & Seeding; Signal;le Prepared by Keith Kornelis 10/09/2002 Page I Schooner Circle LID Assessment Projection Owner Milionta Weaver Chivers Scallan Jensen Lot # 1 2 3 4 5 Area S.F. 67,518 49,658 51,401 48,787 42,689 SCHOONER CIRCLE ASSESSMENT ROLL 25% of Cost % of Total 100% of Cost Assessment Adjustment 25.96% $ 5,192.63 $ 1,298 $ (779) 19.10% $ 3,819.07 $ 955 $ 195 19.77% $ 3,953.12 $ 988 $ 195 18.76% $ 3,752.08 $ 938 $ 195 16.42% $ 3,283.10 $ 821$ 195 260,053 100.00% $ 20,000 $ 5,000 $ - $ Adjusted Total 519 1,149 1,183 1,133 1,015 5,000 I agree to the cost allocation formula whereby the maximum assessment on Lot #1 will be 10% (instead of 25%) of the total cost attributable to this lot based on the size of the lot. The remaining 15% of the cost attributable to Lot #1 will be shared equally by the other four lots, in addition to their 25% allocation based on lot size. ,, ....' /- % ..,///~ ,:-..,. ,- ~ ~/%~> ,. ! lI ' Suggested by: Administrat CITY OF KENAI RESOLUTION NO. 2002-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RESCINDING RESOLUTION NO. 2002-59 AND AWARDING THE BID TO HUTCHINGS CHEVROLET CADILLAC, INC. FOR AN AIRPORT DUMP TRUCK - 2002 FOR THE TOTAL AMOUNT OF $78,969.30. WHEREAS, a bid for a dump truck was awarded to Hutchings Chevrolet Cadillac, Inc. by Resolution No. 2002-59; and, WHEREAS, Resolution No. 2002-59 should be rescinded since it has been determined that the bid had significant exceptions to the specifications; and, WHEREAS, the original winning bidder, Hutchings Chevrolet Cadillac, Inc. agreed that the award should be rebid; and, WHEREAS, new bid specifications were issued with the following bids received on October 8, 2002: BIDDER Hutchings Chevrolet Cadillac, Inc. Alaska Truck Center Trailer Craft, Inc. TOTAL $78,969.30 $79,780.00 $83,033.OO WHEREAS, Hutchings Chevrolet Cadillac, Inc.'s bid meets the bid specifications at no increase over the original bid amount; and, WHEREAS, the recommendation from the City Administration is to award the bid to Hutchings Chevrolet Cadillac, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Hutchings Chevrolet Cadillac, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, award of this bid is contingent upon FAA approval and funding. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Resolution No. 2002-59 be rescinded and the bid for Airport Dump Truck- 2002 be awarded to Hutchings Chevrolet Cadillac, Inc. for the total amount of $78,969.30. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of October 2002. ATTEST: Carol L. Freas, City Clerk.~/7 Approved by Finance: ~ JOHN J. WILLIAMS, MAYOR Suggested by- Council CITY OF KENAI RESOLUTION NO. 2002-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI. ALASKA, ADOPTING THE CITY OF KENAI, ALASKA 2003-2004 CAPITAL IMPROVEMENT PROJECT/CIP) PRIORITY LIST FOR REQUEST OF STATE GRANTS. WHEREAS, input for the 2003-2004 CIP list from the Kenai City Council. City Administration, and citizens of the City of Kenai has resulted in the attached prioritized CIP projects being requested of the state of Alaska; and, WHEREAS, it is the intent of the Council that any paving projects in residential areas will be partially funded by forming assessment districts in order to make any available State funding go farther toward completion of the priority list; and, WHEREAS, public meetings ~vere held concerning Capital Improvement Pr°Jects' and, WHEREAS, the Council of the City of Kenai, after receiving and analyzing the input from all sources and after discussion and deliberation, has decided to adopt the attached 2003 - 2004 CIP list; and, WHEREAS, the Mayor and the Council of the City of Kenai pledge their affirmative vote for the maintenance and operational costs of all the City projects listed. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI. ALASKA adopt the attached list entitled "CITY OF KENAI, REQUEST FOR STATE GRANTS, 2003-2004 CAPITAL IMPROVEMENT PROJECTS"; and, BE IT FURTHER RESOLVED that prior to initiating paving projects in residential areas through the use of State funds, the City shall hold public hearings toward the formation of special assessment districts to partially fund projects listed on the Capita/Improvements Project priority list. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th dav of October 2002. ATTEST: John J. Williams, Mayor Carol L. Freas, City Cle/~ Approved by Finance CITY OF KENAI REQUEST FOR STATE GRANTS 2003 - 2004 CAPITAL IMPROVEMENT PROJECTS Kenai Coastal Trail - Construction Roads State of Alaska Dip Net Fishery, Projects a. Dock Area Paving b. New Launch Ramps c. New Dock Access Road TOTAL $10,000,000 3,000,000 1,000,000 $14,000,000 ' Resolution No. 2002-69 Attachment KENAI PENINSULA BOROUGH YEAR 2003 CAPITAL IMPROVEMENT PROJECTS COMMUNITY INFORMATION: Requesting Agency: City of Kenai Contact: Keith Kornelis, Public Works Manager Phone: 283-8232 Address: 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 E-mail: kornelis@ci.kenai.ak.us Election Districts: Senate District: Q House District: 33 PROJECT INFORMATION: Project Priority Ranking: Project Name: Kenai Coastal Trail Construction Project Description abd Justification' See Attached Total Project Cost: $10,000,000 State Assistance Requested: 100% CiTY OF KENAI REQUEST FOR STATE GRANT 2003-2004 CAPITAL IMPROVEMENT PROJECT PROJECT NAME: KENAI COASTAL TRAIL CONSTRUCTION TOTAL PROJECT COST' $10,000,000 STATE ASSISTANCE REQUESTED' 100% PROJECT DESCRIPTION & JUSTIFICATION' The Kenai Coastal Trail is a proposed multi-purpose trail that will run for approximately one mile along the base of the Kenai bluffs. The trail will begin at the Kenai Dunes Park, at the mouth of the Kenai River, and progress up the riverbank to a new trailhead and parking area located just off Bridge Access Road. The trail will provide a scenic walkway within the City of Kenai with easy, safe beach access down the bluff at several locations. A scenic estuary area will be crossed with a bridge, and periodic ramps and rest areas along the trail will provide handicapped accessibility and opportunities for wildlife viewing. In addition to its recreational benefits, the trail will provide needed relief to the City from ongoing erosion of the bluff and associated property losses. Through the years, the City of Kenai has commissioned many studies and reports for the area of the lower Kenai River. These studies include Kenai River sedimentation, dredging, bluff erosion, boat harbor, and others. In 1998, the City hired Peratrovich, Nottingham, & Drage, Inc. (PN&D) to perform a Reconnaissance Level Study for a Kenai Coastal Trail. In 1999, PN&D completed the next phase for the City and produced the "Kenai Coastal Trail and Erosion Control Project Design Concept Report." This report included a schematic design, right-of-way property impacts, preliminary environmental considerations, and a rough project cost estimate. PN&D just completed their third contract with the City, which consisted of working on the environmental and permitting requirements of this project. Approximately $120,000 of City funds has been spent on PN&D recent work. The US Corps of Engineers was allocated $500,000 to complete the planning, engineering, and environmental studies needed plus obtain the necessary permits to start construction of this project. It should be enough money to include surveying, soils, and design of the trail. The final product should include a bid-ready set of documents and drawings to build the Kenai Coastal Trail. This State Grant Capital Improvement Request is for the next phase, which is the actual construction. KENAI PENINSULA BOROUGH YEAR 2003 CAPITAL IMPROVEMENT PROJECTS COMMUNITY INFORMATION' Requesting Agency: City of Kenai Contact: Keith Kornelis, Public Works Manager Phone' 283-8232 Address' 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 E-mail: kornelis@ci.kenai.ak, us Election Districts' Senate District: Q House District: 33 PROJECT INFORMATION' Project Priority Ranking' Project Name' Roads Project Description ahd Justification' See Attached Total Project Cost: $3,000,000 State Assistance Requested' 100% CITY OF KENAI REQUEST FOR STATE GRANT 2003-2004 CAPITAL IMPROVEMENT PROJECT PROJECT NAME' ROADS PROJECT COST' $3,000,000 STATE ASSISTANCE REQUESTED' 100% PROJECT DESCRIPTION' About 50 percent of the City of Kenai 65 miles of roads are not paved. paved roads were paved 20 or 30 years ago and are in bad shape. Some of the This project is for paving and upgrading many gravel roads such as Barabara Drive, Ames Road, Angler Drive, and others that intersect with Beaver Loop Road and the Kenai Spur Highway. This project would also include reconstructinq and repaying existing badly damaged paved roads such as Wildwood Drive, the roads in Mommsen Subdivision, Silver Salmon Drive, King Salmon Drive, and others. It would also incl.-de chip and seal reconditioning of roads such as in Woodland Subdivision, Redoubt Subdivision, Inlet View Subdivision, Central Heights Subdivision, VIP Subdivision, Old Town, and other subdivisions. KENAI PENINSULA BOROUGH YEAR 2003 CAPITAL IMPROVEMENT PROJECTS COMMUNITY INFORMATION: Requesting Agency' City of Kenai Contact: Keith Kornelis, Public Works Manager Phone: 283-8232 Address' 210 Fidaigo Avenue, Suite 200 Kenai, AK 99611 E-mail' kornelis@ci.kenai.ak.us Election Districts: Senate District: Q House District: 33 PROJECT INFORMATION: Project Priority Ranking' Project Name' State of Alaska Dip Net Fishery Projects Project Description ahd Justification' See Attached Total Project Cost: $1,000,000 State Assistance Requested: 100% CITY OF KENAI REQUEST FOR STATE GRANT 2003-2004 CAPITAL IMPROVEMENT PROJECT NAME: STATE OF ALASKA DIP NET FISHERY PROJECTS TOTAL PROJECT COST: $1,000,000 STATE ASSISTANCE REQUESTED: 100% PROJECT DESCRIPTION: (See Drawing) a. Dock Area Paving $450,000 This part of the project is to rebuild the Boat Launch Road and a portion of the Boating Facility parking lot, which is presently gravel. The project includes asphalt paving, parking striping, and signage. b. New Launch Ramps $250,000 This part of the project is to add two new launch ramps with a floating dock between the ramps. It would be similar to the existing launch ramps. c. New or Upgrade of Dock Access Road $300,000 This part of the project is to add a new road as an exit access to the berating facility or to widen and upgrade the existing road. PROJECT JUSTIFICATION: Personal dip net fishermen from all over the state use the Boat Launch Road, Parking Lot, and Launch Ramps. Over 15,000 dip net permits for households are issued each year, and over 100,000 fish are caught in this Kenai River fishery. The City Boat Facility handles most of this fishery. This project will improve the Boating Facility operation and make it a lot cleaner. This project will greatly enhance the health and quality of life of its users. At the present time, users of the Boating Facility use staging areas that are gravel surfaced and often dirty and unsanitary. Dust in the area is a problem since dust retardants cannot be used due to the closeness to the water. Users spend time in staging areas getting their boats ready to load and unload onto their trailers and in parking. This project would definitely enhance recreational opportunities for dip net fishermen. Informational signs would also enhance the understanding of the area. Dip Net Fishery Projects Page 2 The biggest bottleneck that restricts the number of dip net users is having only two launch ramps. This project would provide users an additional two ramps allowing more users and faster access to the river. Under the present conditions, sometimes there is a two-hour wait to get a boat into the water plus another two-hour wait to get the boat out of the water. At times, the line of vehicles with boats or trailers extends down Boat Launch Road almost to Bridge Access Road. This presents many problems of access on this narrow road. Users often have to exit the facility and drive down Bridge Access Road to find a place to turn around and then back to Boat Launch Road to get in line to retrieve their boats. A new one-way exit from the facility would allow users with their boats to exit directly or allow vehicles with a trailer to make a loop to the line on Boat Launch Road to retrieve their boats. Another alternative would be to widen the existing road and reroute a return. The three parts of this project are very badly needed, and they are a direct result of the heavy use of dip net fishermen. Since the dip net fishery is governed or regulated in this area by the State of Alaska, the City of Kenai is requesting funds to help relieve some of the costs caused by the impact of this fishery. That is also why this project is entitled "State of Alaska Dip Net Fishery Projects." CITY OF KENAI RESOLUTION NO. 2002-70 Suggested by: A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED TOYON WAY PAVING LID 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: , 2. 3. 4. 4. 5. Excavation, backfill, and grading Curbs, gutters and drainage Asphalt paving Street lighting 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, October 16, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled Toyon Way Paving LID and the improvements listed above. Resolution No. 2002-70 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of October, 2002. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk clf Approved by Finance' TO: FROM: DATE: MEMORANDUM Mayor and City Council Linda L. Snow, City Manager August 29, 2002 Local Improvement District--Toyon Way On August 19, 2002, the City received the attached petition requesting an assessment district be formed for the purpose of adding street lights, curbs, gutters, and paving to a portion of Toyon Way. On August 21, 2002, the City Clerk informed the Council by memorandum that this petition was received and forwarded to the City Manager. The Clerk also provided you with a copy of KMC 16.05 and 16.10 describing 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 sixteen (16) properties involved, and eight (8) 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 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 pr6ject cost estimate and 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 $ 88,200 31,500 6,300 $126,000 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, curbs, gutters, street lighting, topsoil, seeding, and signage. Paving in this LID will result in reduced road maintenance and dust control costs. Attachments Also attached for your review is a memorandum fi'om 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 hearing date can be prepared and presented to Council at the regular meeting of September 18th. / APPROVED BY COUNC)L DATE CITY OF KENAI SPECIAL ASSESS~NT PROCED~ A proposed Special Assessment project may be initiated by: !9 . A petition from the property owners delivered to the City Clerk. . A resolution from the City Council. Generally, the petition method is the most common. The petition must: 1. Contain a description of the desire improvements. Examples are: road, paved road, water, sewer, curbs, lighting, storm sewers, driveways, etc. gravel 2. Define the area of the work to be done. This generally could be accomplished by identifying streets (such as- pave "X" Street from "Y" Street to "Z" Road}. If parts of the project will have different improvements than other parts (such as sewer in only part of the projectl, then care must be taken in explaining this. . Be signed by the owners of 50% or more of the benefited properties. The petition should be in the following form: Special Assessment Petition _ We, the undersigned property owners, desire the C~/ty of Kenai,to esta/~lish an assessment district in the following, area: ... ~ /.~ _/3_, I ~ Requested iumroveme~ts include: ... Legal Description of Benefited Property ~orou~h Parcel Number Property Owners Name Property Owner's Signature 32 31" '-x. 2O ADD'N. NO. 7 +"18 N,~34 lt:~' \ '/ 8 10 ~5~ 11 ..- .... ----~:~,,,,DOUBT T'ERRA(: STI~ '~3 %. REDO U..BT ADD. NO. 5 11A 3 .. 0 ' ~ 0 0 :0 0 '0 0 0 0 0 :0 0 ~0 0 0 Z Z ~) Z Z Z Z ~Z Z Z Z 'Z iZ Z ~Z Z Z :0 0 0 0 0 0 0 ~0 0 0 0 0 0 0 '0 ~ Z ~ Z ~'Z ~;Z ~:Z ~ Z ~Z ~ Z ~ Z ~ Z ~Z ~Z ~;Z ~iZ ~;Z ~{Z ~ z ~ ~ 0 xl xt ~ .= ~ o ~ 3 <; ~ O',o o o 8 8 8 8 8 o o o o ~ o o or o~ 8 ~ o~ o, o o, o~ < O; 0 ol 0 O, O~ I o O: o o o' o ~: ~ ~ ~ O~ 0 0 0 ,, , PRELIMINARY ASSESSMENT ROLL TOYON WAY LID *******Based on property owners paying proportionally based on square footage******* Below costs are estimates - final cost will be based on the actual cost of the project. ,pi # IOWNER 1 t t.~NDUA 2 EHRHARDT 3iLOFSTEDT 4!HAYS 5tLOFSTEDT 6iCANADY 71LOFSTEDT 8tSALNESS i OLSEN I SALNESS ~OLSEN WINSTON EVERY LOFSTEDT I LOFSTEDT ITOTAL Administration tEngineering Construction Properties to be assessed: See Property Owners Spread Sheet I ACRE 0.21 0.33~ 0.22 0.37 0.23 0.36 0.23 0.35 0.22 0.35 0.22 0.39 0.25 0.35 0.27 0.35 Square Feet 9,148 14,375 9,583 16,117 10,019 15,682 10,019 15,246 9,583 15,246 9,583 16,988 10,890 15,246 11,761 15,246 I KPB I 25% KPB % of Total Ass. $ Ass. $ . 0.044681 15,000 3,750 0.070213 0.046809 0.078723 0.048936 0.076596 0.048936 0.074468 0.046809 0.074468 0.046809 0.082979 0.O53191 0.074468 0.057447 0.074468 55,000 15,000 263,600 15,000 55,000 13,750 3,750 65,900 3,750 13,750 15,000 3,750 55,000 27,700 198,400 15,000 55,000 184,000 55,000 15,000 55,000 ~ 13,750 6,925 49,600 3,750 13,750 46,000 13,750 3,750 13,750 100% of LID Est. $ 5,630 8,847 5,898 9,919 6,166 9,651 6,166 9,383 5,898 9,383 5,898 10,455 6,702 25% of LID Est.$ 1,407 2,212 1,474 2,480 1,541 2,413 1,541 2,346 1,474 2,346 1,474 2,614 1,676 2,346 1,810 2,346 31,5OO 4.70 3,000 204,732 1.000000 Muni Match Grant (70%) 18,000 General Fund (5%) 9,383 7,238 9,383 126,000 88,200 6,300 105,000 Property Owners (25%) 31,500 i TOTAL 126,000 TOTAL 126,000 Prepared by Keith Kornelis 08~29/2002 TOYON WAY LID PRELIMINARY COST ESTIMATE I Units . Est. Quantity UnitPrice ~ Total Removal of Pavement i LS i 11 5001 ~ 500 Type I Classified Fill Leveling Course ICYj 332i 15j I2'0004,080 AC Pavement , SY J 1,991 9i 17,919 Street Lighting EA i 3' 3500i i 10,500 Standard Signs LS I 5001 500 Seeding MS.F. I 10 90! 900 Water for Seeding M'GAL I 163i 201 I 3,260 Topsoil i MS.F. , 10 300 3,000 Curb&Gutters "' t LF I 1,2801 20f 25,600 Driveways (Paved Apmach) EA 16 400 6,400 Mob. & Demob. LS I 1 4,000! 4,000 Construction Survey LS ' 1 4,000 4,000 Miscellaneous Grading LS 1 4,000 4,000 Basic Bid 87,559 Contingency (20%) 17,512 Basic Bid Plus Cont. 105,071 BASIC ESTIMATE Administration 3,000 3,000 Engineering Design (10%) 10,507 10,500 Inspe(;~ (7%) 7,355 7,500 Construction 105,071 105,000 TOTAl.. 125,933 126,000 Prepared by Keith Kornelis 08/29/2002 Page 1 Carol Freas From: Colleen Canady [canady@gci.net] Sent: Monday, October 14, 2002 8:44 PM To: Carol Freas Subject: Could you forward this to Amy Jackman? Her E-mail address is not working. Thank you. rc Dear City Council Members, Please accept my apology for not being able to attend Wednesday night's City Council meeting as work commitment is keeping me from attending. I'm writing to encourage council members to support Resolution No. 2002-70~{Toyon Way Paving}. I feel this paving is not only a good investment for the landowners but the City as well. This small section of Toyon is the only gravel street in the area the city currently has to maintain. With the funding presently available for city landowners to have their gravel streets paved, the timing seemed right to pursue finishing paving Toyon. Just this past summer, three new homes have gone up on this portion of Toyon. In talking with the majority of the landowners (old and new), we felt paving was in our best interest as well as the City of Kenai. We took the appropriate papers through the neighborhood and got the required signatures for paving consideration. Not only will paving this portion of Toyon be aesthetically pleasing for everyone, for me, as a wheelchair user, paving the rest of the street will make wheeling around our neighborhood accessible. Thank you for your help in putting the "finishing touch" to our beautiful Toyon neighborhood! Sincerely, Randy Canady 10/14/2002 Suggested by: Administration City of Kenai RESOLUTION NO. 2002-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING THE DEVELOPMENT OF A DENTAL CLINIC IN KENAI. WHEREAS, Central Peninsula Heath Centers Inc., a nonprofit entity that provides health care services to under and uninsured residents of the central Kenai Peninsula including Medicaid eligible patients, intends to expand its operations to include dental services by establishing a new clinic in Kenai; and, WHEREAS the State of Alaska has agreed to provide financing to Central Peninsula Health Centers Inc. through the disproportionate share hospital (DHS) payment program; and, WHEREAS, the DHS program requires local participation in the form of an intergovernmental transfer of funds to the State; and, WHEREAS, the State of Alaska Department of Health and Social Services (DHSS), has determined that Medicaid regulations allow the local participation funding to be returned to the local government along with a reasonable administrative fee; and, WHEREAS, due to their deadline for budget development, the State of Alaska DHSS is seeking immediate approval..from the City of Kenai to pursue this project; and, WHEREAS, the City administration is performing due diligence work with the goal of determining, and if possible eliminating, the risks of City involvement in this project; and, WHEREAS, at this time the administration recognizes that Medicaid regulations are extremely complex and that there are risks to the City of Kenai that are not completely quantifiable. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai supports the Central Peninsula Health Centers Inc. dental clinic project and directs the administration to continue its due diligence work and to bring an appropriation ordinance before the council so that the council can approve or reject the City's financial participation in the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of October, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance'/~ (10/11/2002) jc DEPT. OF HEALTH AND SOCIAL SERVICES OFFICE OF THE COMMISSIONER P.O. BOX 110601 ! JUNEAU, ALASKA 99811-0601 PHONE: (907) 465-3030 · FAX: (907) 465-3068 Honorable John Williams, Mayor Citv o f Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 September 16, 2002 V- ............... -" ,"':.':'- !8 I' Dear Mayor Williams' Thank you for your interest in the Alaska Medicaid Program, support of the Disproportionate Share Program (DSH), and the Department of Health and Social Services' efforts to facilitate a DSH payment to Central Peninsula General Hospital to provide Medicaid dental services in -ne Kenai area. Often, difficult funding issues arise while the legislature contemplates fiscal year appropriations. This year, an even greater challenge is unfolding as the legislature debates the use of new taxes to fund services. The involvement with the DSH program and its contribution to the non-federal Medicaid funding is a major factor in keeping the level of services offered under Alaska's Medicaid Program in place for Medicaid-eligible persons. In working through the concept of Intergovernmental Transfers (IGT), we understand there are concerns about the IGT, which provides the general fund match amount, and concerns about the IGT from the public hospital to the local government. Health care financing operates under many complicated laws and regulations, so such concems at'~ reasonable and understandable. This is especially tree with respect to federal funding of Medicaid. Federal law, specifically Social Security Act 1903(w)(6)(A), indicates that the Secretary of the U.S. Department of Health and Human Services may not restrict a state's use of funds where such funds are transferred from units of government within a state as the non-federal share of expenditures. The Division of Medical Assistance has worked with the Department of Law to draft the Intergovemmental Transfer agreement and deems the agreements to be allowable and consistent with the intent of this law. The Department of Health and Social Services (DHSS) has worked on many fronts to improve access to Medicaid dental services. This DSH payment provides important funding to the Cottonwood Clinic, which is necessary to establish Medicaid dental access in the Kenai area. 06-F38LH printed on recycled paper Mayor Williams September 16, 2002 Page Two In Alaska, where federal dollars support a strong Medicaid Program, they also support an equitable standard of care. Currently, persons must travel to Anchorage to obtain Medicaid dental services. This payment not only establishes these services locally, it also allows funding of other Medicaid services through the savings realized to DHSS. I look forward to similar improvements as we work together to fund these services for all Medicaid eligible persons in the Kenai area. Again, thank you for your interest in the DSH Program as a means of assuring continued access to Medicaid dental services. If you have additional questions with regard to the agreement or payment, please contact Mr. Mike Bellevue with the Division of Medical Assistance at (907) 465-5824. Sincerely, Jay Livey Commissioner cc' Honorable Dale Bagley, Mayor, Kenai Peninsula Borough Bob Labbe, DMA Director CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' ./ Mayor John J. Williams and City Council Members FROMi~ ~ Cary R. Graves, City Attorney and Larry Semmens, Finance Director DATE' October 10, 2002 RE' Cottonwood Health Clinic / DSH Program The Mayor requested a memorandum regarding the proposal by the State's Division of Medical Assistance to fund part of Cottonwood Health Clinic. The clinic, as we understand it, would provide dental care to Medicaid recipients and indigent people without access to dental care. The memorandum focuses on the funding method proposed by the State. It is not meant to discuss the public policy considerations of whether the City should support the idea of the clinic. What is the DSH program? DSH is an acronym for the Disproportionate Share Hospital Payment Program. The program is · mn by Medicaid (specifically an agency called the Health Care Financing Administration) and is intended to compensate those hospitals that serve a large share of Medicaid and uninsured patients. The idea is that because of low Medicaid reimbursement rates, and uninsured and poor patients, hospitals with large numbers of those patients lost money because of the uncompensated health care. The program was started in the early 1980's, and grew slowly until the 90's when states realized that a unique "matching grants" segment program allowed them to get extra Medicaid money without providing a real matching grant. DSH spending grew from $1.4 billion in 1990 to $15 billion in 1996. The concept is called an IGT (Intergovernmental Transfer). Here's how it works. Step 1' The State receives an IGT from a local government. 'In this example, it is $10 million. Step 2' The State makes a $12 million payment to a DSH eligible hospital. The $12 million consists of the original $10 million donation and $2 million in an extra DSH payment. The hospital uses part of the $12 million to refund the original $10 million IGT to the local government. Mayor John J. Williams and City Council Members October 10, 2002 Page 2 of 3 Step 3' Because the State "provided" a $12 million payment to the DSH hospital, it can receive a Medicaid matching grant of 50 to 80 percent. In this example, the matching grant is 50%. As a result, the State is awarded $6 million in Medicaid grant money. End Result' The government that grants the initial $10 million IGT gets all its money back (and in some cases more). The hospital gets $2 million in DSH money. The State nets $4 million (which it can put in its general fund) for the federal part of the "matching grant." The federal government spends $6 million. How can this be? If the program seems odd, it is. Mr. Semmens and I examined the proposal with a skeptical outlook. It just seemed to go against what we had always viewed as the concept of a "matching grant." After review of the regulations, federal register and professional literature, we slowly came to the conclusion that while it may be a "loophole" in the federal regulations, it is one the federal government is aware of and has (for whatever reason) made the conscious decision not to close. 66 Federal Register 3164 (2001). However, not all IGT's meet the federal guidelines and there has been widespread criticism in the industry of abuse of the program. The Cottonwood Clinic IGT Proposal Here's how the State--'s proposal for the Cottonwood Clinic IGT would work. Step 1- The City would appropriate $794,785 to the State of Alaska, Division of Medical Assistance as an IGT. Step 2: The State of Alaska, Division of Medical Assistance makes a payment of $1,894,487 to Central Peninsula General Hospital for Cottonwood Clinic. That is the maximum DSH payment allowed to CPGH under the DSH program. The payment consists of the $794,785 of the City's IGT and $1,099,702 of State money. Step 3: CPGH makes three payments. 1) It sends an IGT to the City of Kenai for $819,785 ($794,785 for the original IGT and a $25,000 administration fee). 2) It pays Cottonwood Clinic $725,000 for dental services for Medicaid and other indigent dental care. 3) An IGT of $325,702 goes back to the State of Alaska, Division of Medical Assistance. Step 4' Because the State made a DSH "payment" of $1,894,487 to CPGH in Step 2, it is entitled to reimbursement of about 58%, or $1,099,703 (FFP or federal financial participation) from the federal government. This method uses the IGT mechanism to create a federal match of $1,099,702. Where does the federal money end up? Here's how it breaks down: 1) $725,000 goes to Cottonwood Health Clinic; 2) $324,702 goes to the State Division of Medical Assistance for Medicaid payments for Mayor John J. Williams and City Council Members October 10. 2002 Page 3 of 3 dental care; 3) $25,000 goes to the City of Kenai as an administrative fee; and 4) $25,000 goes to CPGH as an administrative fee. One concern we had was the fact that the City was in essence receiving $25,000 in FFP money that would go to non-Medicaid purposes. The answer is that while the federal government may not like it, it does appear to be legal. The federal government is aware of such expenditures and has declined to prohibit them. Vol. 66 Federal Register 3164-65 (2001). Another concern is that the normal definition of a "match" does not apply. While the City's contribution of $795,000 is critical to obtaining the $1.1 million of federal funding, no part of the City's money actually ends up in the project. Conclusion' The proposal is probably legal under Medicaid regulations. While probably legal, it is an aggressive interpretation of the federal regulations and could be determined to be illegal. If the federal government decides the plan is not allowed under the Medicaid roles, it will not reimburse the State the $1,099,702. In that case, the State could seek to recoup its money from Central Peninsula General Hospital. Central Peninsula General Hospital would then seek to recoup its $819,785 from the City. If that happened, the City would be out that money with no real recourse. We asked if the State would indemnify the City against such a possibility. The State personnel indicated it would not. My understanding is that the State will give a verbal promise to not recoup the money, but it will not put that in writing. There is some question whether it could lawfully indemnify us, or promise not to recoup the money in such a situation. We also asked for an opinion from the Attorney General's Office that the State' legal under Medicaid roles. We have not yet been provided with such an opinion. s proposal is In short, there is a risk that if the federal govemment decides the proposal is not allowable under Medicaid roles the City could lose the $794,785 it granted to the Division of Medical Assistance. We cannot quantify the likelihood of such an event. Given the large amount of the City's money involved ($794,785), we are uncomfortable with the risk unless the State gives us adequate assurance of indemnification or the federal government indicates the program is allowable under the Medicaid roles. Please let us know if you have any questions. CRG/sp Suggested by: Administratx~ CITY OF KENAI RESOLUTION NO. 2002-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING DEPARTMENT ASSISTANT SHARON HARRIS AS DEPUTY CLERK. WHEREAS, KMC 1.25.030(a) allows, by resolution of the Council, for the designation of a Deputy City Clerk to perform the duties of the office of City Clerk in the event the City Clerk is not available; and, WHEREAS, the Deputy Clerk position has, in the past, been assigned to the Legal Secretary, however with the establishment of the permanent position of Department Assistant in the City Clerk Department, the relocation of the Clerk's Office in City Hall, the department assistant's training, familiarity and daily involvement in the functions of the Clerk's Office, this change of designation will be advantageous in the continuity of the Clerk's Office. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL.OF THE CITY OF KENAI, ALASKA, that the Sharon Harris be designated as the Deputy City Clerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of October, 2002. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk clf COUNCIL ON AGING OCTOBER 3, 2002 KENAI SENIOR CENTER 10:00 A.M. ITEM 1- CALL TO ORDER & ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES -- September 5, 2002 ITEM 4' OLD BUSINESS a, Discussion -- Dining Room Rental Rates ITEM 5- NEW BUSINESS a. Discussion-- Senior Voice Representative Discussion -- Vintage Pointe/Tenant Selection Procedure Discussion -- Assisted Living Pre-Development Grant ITEM 6' OUESTIONS & COMMENTS ITEM 7: INFORMATION ao Council Action Agendas of September 4 and 18, 2002. ITEM 8: ADJOURNMENT COUNCIL ON AGING OCTOBER 3, 2002 KENAI SENIOR CENTER 10:00 A.M. CHAIR RICHARD JURGENSEN, PRF~IDING ITEM 1' CALL TO ORDER Ih ROLL CALL Chairman Jurgensen called the meeting to order at approximately 10'00 a.m. and the roll was confirmed as follows: Members present: Members absent: Others present: Nelson, Jurgensen, Hollier, Fields, Osborn, Huddleston, Wilson and Jones Kuntzman Councilwoman Swarner, City Clerk Freas and Senior Director Craig ITEM 2' AGENDA APPROVAL MOTION: Member Osbom MOVED to approve the agenda as presented and Member Huddleston SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- September 5, 2002 MOTION: Member Huddleston MOVED to approve the minutes as presented and Member Osbom SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: OLD BUSINESS Discussion -- Dining Room Rental Rates Director Craig noted, the membership suggested increasing rental rates by 25% at their last meeting. She included the current cost and 25% increased costs for rental items in the packet for the membership to review. The membership then discussed whether a 25% increase perhaps was too much. Craig was asked if there have been complaints from renters of the facility the current costs were too high and she answered no, the Kenai Senior Center was perhaps the only facility of their size for seating large groups. She also explained, she checked with the Soldotna Senior Center, a smaller facility, and was informed they charge $50- 75 for their kitchen and $200 for the dining room. It was also noted, the rental rates were in place to supplement the Center's food budget, which has increased with the grant funding staying the same. Rental revenue also help defer costs with wear and tear on the facility and equipment. The consensus of the group was to raise most of the rental costs 20% instead of 25% as follows' Main Dining Room Kitchen Podium $250.00 Dance Floor Dishes Replacement _.Per place settin§ Additional service calls (plus .,tax) 75.00 15.00 TV/VCR 20.00 Room Dividers -0- -0- DEPOSITS (Separate charge / refunded after event) Dining Room 1.00 25.00 $300.00 90.00 18.00 25.00 50.00 50.00 1.25 50.00 $150.00 $175.00 Kitchen 75.00 90.00 MOTION: Member Huddleston MOVED to increase all charges up approximately 20% except the service call which would be $50 instead of $25.00. Member Osbom SECONDED the motion. There were no objections. SO ORDERED. ITEM 5. NEW BUSINESS Discussion-- Senior VOice Representative Craig explained she was hoping to find a senior interested in writing articles about activities of the Kenai Senior Center to send to the Senior Voice. The membership suggested asking Elsie Seaman 5b. Discussion -- Vintage Pointe/Tenant Selection Procedure Craig reviewed information included in the packet explaining the new tenant selection procedure. She stated, currently there are two lists; active and inactive. After contact is made with applicants (by phone and mail) to verify they are still interested in moving into the facility and checking their current addresses, phone numbers, etc., the two lists will be combined into one. Craig also noted, new tenants will have to submit a doctor's note stating the person will be able to live independently. She encouraged the membership to discuss the matter with other seniors. COUNCIL ON AGING MEETING OCTOBER 3, 2002 PAGE 2 A concern arose regarding the three working-day time allowance in which a person must inform the Center of their interest in moving into the facility and that it may be too short a time. Craig explained, it is necessary to make the turnaround time fast when an apartment becomes available as it is revenue for the facility. ac. Discussion -- Assisted Living Pre-Development Grant Councilwoman Swarner reported the City Council, at their October 2 meeting, stated their support of an assisted living facility and determined the site of the facility to be the area now occupied by the parking lot for the Vintage Pointe facility. She explained, the site can be changed if desired and added, the site, support, and indication the Senior Connection (the sponsor) has control of the site, is required information to be included in the predevelopment grant which is due October 15. Member Jones stated his frustration with the length of time it has taken to get to this point. It was explained, the previous market study indicated there was no need for an assisted living facility in Kenai. It is hoped, if predevelopment grant funding is received, the new market study will indicate otherwise. Craig added, submission of the grant application is making a commitment to go forward with an assisted living facility and if predevelopment grant funds are received, the next step will be to write a grant requesting development grant monies needing to be submitted next year. Swarner noted, the Senior Connection is the sponsoring group and the city is supporting the development of the facility. Other site suggestions were made, but the majority of council"Preferred using the parking lot area at this time. It was also noted, because council does not want to operate the facility, management options will have to be discussed at some point in the future. ITEM 6: OUESTIONS/h COMMENTS Craig reported she received $2,200 from the State to put toward a new vehicle. She noted, after this there will be no grants for vehicles unless the facility requesting shows a coordinated effort with a mass transit organization and those funds will be federal, coming through the Department of Transportation. ITEM 7: INFORMATION 7/1. Council Action Agendas of September 4 and 18, 2002. ITEM 8' ADJOURNMENT MOTION: COUNCIL ON AGING MEETING OCTOBER 3, 2002 PAGE 3 Member Huddleston MOVED for adjournment and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10:40 a.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING OCTOBER 3, 2002 PAGE 4 KENAI HARBOR COMMISSION MEETING OCTOBER 7, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER & ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES -- September 9, 2002 ITEM 4' PERSONS SCHEDULED TO BE HRA~D ITEM 5: OLD BUSINESS ao Discussion -- Boating Facility Operation Alternatives and Budget Review · Privatization/Legal Exposure ITEM 6: ITEM 7: NEW BUSINESS REPORTS a. Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/OU_RSTIONS ITEM 9: INFORMATION a, Kenai City Council Action Agendas of September 4 and 18, 2002. 9 / 20/02 Kenai Coastal Trail Status Report 2002 Kenai River Personal Use Dipnet Fishery Report ITEM 10: ADJOURNMENT KENAI HARBOR COMMISSION MEETING OCTOBER 7, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Thompson called the meeting to order at 7:00 p.m. confirmed as follows' Roll was taken and Present' Absent: Others Present' Eldridge, Rogers, Foster, Barrett, Simon, Thompson Spracher Councilman Bookey, Public Works Director Komelis, and Contract Secretary Roper ITEM 2. AGENDA APPROVAL Commissioner Simon requested a discussion on Coastal Trail Culverts be added under New Business. MOTION: Commissioner Eldridge MOVED to approve the agenda with the addition and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- September 9, 2002 MOTION: Commissioner Eldridge MOVED to approve the minutes as written and Commissioner Barrett SECONDED' the motion. There were no objections. SO ORDERED. ITEM 4' PERSONS SCHEDULED TO BE HEArt) -- None ITEM 5: OLD BUSINESS Discussion -- Boating Facility · Operation Alternatives Privatization/Legal Exposure Commissioner Simon provided an overview of a subcommittee meeting held on September 25, 2002. The following options were suggested and discussed: · Continue dock operations status quo -- Simon stated she liked the idea of continuing the dock as is, using the General Fund to pick up the shortfall, and on an operations level, continue operating the dock with various measures to enhance revenues and decrease expenses. Simon asked if there were any other options and Thompson suggested leasing the dock to a private operator as an option and closing the dock, the final option. · Reallocate revenues generated at the harbor to the boating facility rather than the Oeneral }'hand. Bookey indicated no discussion had taken place by council to this regard, however, the budget hearing process would begin next week and that's where the discussions will take place. Commissioner Foster stated what probably needed to be done was def'ming exactly what the harbor area is; it may then be easier to determine what revenues should be reallocated. Bookey agreed and added, since Parks is involved in some of the areas, this should be a key issue. · Enhance revenues -- Foster suggested all revenues go to the General Fund and the Fund pay for the dock. Bookey stated that would be his pitch to Council adding, he had two directions to go in: {1) segregate the funds to show the boating facility can be profitable or at least a break-even operation; and (2) shoTM the dock is an intricate part of the community needing to be funded 100% by the General Fund. Bookey added, he would not want to see privatization of the dock as it would do nothing for the City. He also noted the Salamatof Dock was originally intended to be a public dock but the city lost it for 99 years due to privatization and he did not want the same thing to happen with the city dock. Thompson suggested the revenue from the personal taxes on the boats and the fish tax could be applied back to the harbor. Bookey stated he wants Council to understand, without the dock, those two sources of revenue would not be available and consideration needs to be given to at least crediting the deficit at the dock. {It was noted the dock is a special revenue fund rather than an enterprise fund.) Komelis explained the difference was depreciation is not taken out. Eldridge noted the f'mance director indicated that might change next year. · Decrease expenses-- Thompson noted, the use of noncommissioned officers handled the policing of the dock area during the dipnet fishery was a great savings in labor costs. He suggested a private contractor might lease the dock for a period of time with some substantial labor savings to the City. Komelis noted the noncommissioned officer salary was not an expense of the Harbor. Thompson stated he used that as an example of how a private contractor may provide labor at a lower rate than the City. Replacement of the current dock manager (Freden) for someone at a lower salary was discussed. Komelis explained, the Freden's salary isn't high compared to other positions within the City structure. Bookey noted, Freden's experience level is worth a lot to the City and one would have to be careful when talking about utilizing a less experienced employee as that could end up costing the City a lot more money because of the inexperience. Bookey added, there are situations at the dock with a lot of HA~OR COMMISSION MEETING OCTOBER 7, 2002 PAGE 2 liability such as the fueling operation, spill situations, dealing with the floats, etc. Simon noted she raised the question as she felt it needed to be discussed. Bookey agreed ir should be discussed but Freden's experience is invaluable to the City. Make the dock work at a break-even point. · Dock Expansion -- Discussion followed regarding expansion of the dock and various funding sources to purchase the Dragnet property. Displaying an enlarged aerial photo of the dock area, Simon stated Mr. Jim Walsh is acting as an intermediary for Dragnet and she would contact him to check the status of the property. Bookey thought a group was negotiating with Dragnet for purchasing the property at this time. Simon suggested perhaps the area past the Warren Ames Bridge and down fiver could be marketed more or sold beCause of the beautiful views. It was noted there was very little property available in that area. Simon also suggested (if appropriate) she contact the Congressional Office regarding availability of grant funds made available by Congress for economically displaced fishermen to use toward the purchase of the Dragnet property for use as a restaurant or other economic venture. Bookey noted, all the ideas were great, but the City is unable to fund anything for the next two to three years. Bookey added, it would also be difficult to provide the funds for the necessary manpower. · Leases -- Thompson suggested use of short-term leases as an option and Barrett thought it would be fine as long as they remained very short-term. Foster suggested short-term leases on some of the liabilities at the dock such at the fueling facility. Eldridge suggested another consideration would be to go out with some RFP's to lease a couple dock sites, lease the dock, and the operation of the fueling facility. Eldridge added, the proposals would be evaluated and the City could accept the best one. It was noted these would be three to five-year leases. Bookey indicated this would be one of the conversations Council would have regarding the boating facility. Komelis referred the Commission to the spreadsheet included in the packet outlining the revenue generated from the dock operations to identify the impact if the dock operations, including the fueling, would be leased out, excluding the ramps. Increase Launch and Parking Fees -- Barrett suggested increasing the launch and parking fees at the dock and Komelis stated he thought that could be done without too much ramification. Discussion ensued regarding the additional revenue the City would receive with the increases and Bookey stated, if the revenues were redirected to the boating facility rather than to the General Fund, the dock could operate status quo. Barrett recommended the dip net parking fees be increased as well and Thompson suggested season passes for the dip net fishers could be another I-tAbOR COMMISSION MEETING OCTOBER 7, 2002 PAGE 3 option. Komelis stated he would recommend the pay station be moved to the road at the entrance next year as that would reach more users. The list of options was amended as follows: fees. Continue dock operations status quo. · Justify the revenues going to the General Fund and reallocate them to the boating facility. · Increase or enhance dock revenue. · Decrease services. · Expand dock operations. · Pursue grants. · Consider three to five-year private leases, excluding ramp and parking Increase fees from $10 to $15. Bookey suggested the items be prioritized and included in a motion for Council's consideration and Komelis suggested the recommendation include increasing the launch fees as well. MOTION: Commissioner Foster MOVED to maintain current dock operations, attempt to increase the revenue at the dock, cut the liabilities wherever possible, increase the fees, and bring some of the other revenues of the other harbor related activities under one umbrella. Commissioner Eldridge SECONDED the motion. A very lengthy discussion followed on how the motion could be amended. Bookey' recommended a short recess to finalize the motion. MEETING RI!ICESSED AT 8:19 P.M. MEETING RR~UMED AT 8:34 P.M. Commissioner Foster withdrew his motion with concurrence from Commissioner Eldridge, who seconded. MOTION: Commissioner Simon MOVED to recommend to Council to continue dock operations as in the past, leasing a portion of the dock and maintaining the city's management over that portion the same as it is at Present; credit the boating facilities fund with all harbor-related revenues, including the north and south side dipnet parking fees, boat taxes, and fish taxes; and recommend increasing the fees for launching and parking. Commissioner Eldridge SRCONDRD the motion. HA~OR COMMISSION MEETING OCTOBER 7, 2002 PAGE 4 VOTE: Eldridge Barrett Thompson Yes i Rogers Yes i Simon Yes l Yes i Foster Yes i Spracher Yes Absent MOTION PASSED UNANIMOUSLY. Bookey stated he liked the motion but more than likely the Council would say the fish tax and other revenues have other expenses, so the harbor may only get a portion. Eldridge stated the Commission had discussed other means of access and egress at the dock to enhance its usability and since the Dragnet property is available, the City should consider purchasing it to enhance economic development and perhaps install more ramps. MOTION' Commissioner Eldridge MOVED the City Council pursue having some type of economic development committee look at the Dragnet property and, working with the Arts Council, Harbor Commission, and Economic Development, determine some uses for that land where the City may obtain industrial development grants so that the facility doesn't have to stand by itself, landlocked as it is with only one means of access and egress and to also make the waterfront more attractive and useable. Additionally, Eldridge recommends that consideration be given to additional dock access and egress. Commissioner Simon SECONDED the motion. ._ Eldridge added, something should be done now with regard to obtaining the Dragnet property as it is available and the price is a bargain at $750,000. Foster stated there is probably already some revenue related to the Dragnet property with the trailers, boats, buildings being leases, etc. Simon asked if it would be appropriate for her, as a Harbor Commissioner, to contact the congressional office regarding availability of grant funding and Komelis recommended contact go through the City Manager or the Mayor. Bookey stated this was discussed previously and if Simon wanted to do this as an individual, she could but not as a Harbor Commissioner. Bookey recommended it be discussed at this level and then it go to Council. Council would give direction to Administration if they choose to pursue the issue. Simon indicated she would research this as an individual and report back to the Commission. VOTE: There were no objections. SO ORDERED. HARBOR COMMISSION MEETING OCTOBER 7, 2002 PAGE 5 Chairman Thompson drew attention to the memo from the City Attorney regarding the legal exposure should the dock be privatized. It was noted the City has discussed the possible overlap of insurances with lessees. ITEM 6: NEW BUSINESS Discussion -- Coastal Trail Culverts- Environmental Impacts Simon provided photos of the culverts used at the Beaver Creek project and explained she was brainstorming ways of building the coastal trail and she thought the same culverts used in Beaver Creek could be utilized at the Coastal Trail project. Simon suggested, this design feature be discussed with the engineers on the coastal trail. She continued, only a small portion of the bluff erosion and erosion control project would actually be in the actual flow of the Kenai River and it might be conceivable to actually build a trail on top of culverts such as those at Beaver Creek. With the culverts placed parallel to the bluff, the flow of the Kenai River could go through and provide for habitat for fingerlings and fry. Thompson stated he thought the Commission would be out of sequence in discussing the issue at this point, as the Corps should be involved. Thompson recommended the issue be set aside until the Corps' status of the project is known. ITEM 7: REPORTS 7-a. Director-- Komelis reported the pilings would be pulled and the dock closed for the wint.er on October 8, if weather allows. o. Dock Foreman -- No report 7-c. City Council Liaison -- Bookey noted the following: · The first budget meeting will be held on October 14. He invited the Commission to attend. · The Council was happy Proposition 4 failed and explained some of the problems if it had passed. ITEM 8: COMMISSIONER COMMENTS/OURSTIONS · Eldridge asked if a meeting was scheduled for the coastal trail and Komelis reported he was not aware of any. Barrett suggested use of the Visitors Center when a meeting is scheduled. · Barrett thanked Simon and the other Commissioners who prepared the report of options. Kornelis noted the November Harbor meeting falls on a City holiday and HARBOR COMMISSION MEETING OCTOBER 7, 2002 PAGE 6 asked if the Commission would like it postponed or cancelled. Commission was to request postponement of the meeting. The consensus of the MOTION: Commissioner Barrett MOVED to postpone the next Harbor Commission meeting to Friday, November 15~h. Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. Bookey stated he would take the issue to Council for approval. ITEM INFORMATION Kenai City Council Action Agendas of September 4 and 18, 2002. 9/20/02 Kenai Coastal Trail Status Report. 2002 Kenai River Personal Use Dipnet Fishery Report ITEM 10- ADJOURNMENT MOTION: Commissioner Barrett MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 9' 10 p.m. Minutes prepared 'and transcribe by: Barbara L. Roper, Contract Secretary HARBOR COMMISSION MEETING OCTOBER 7, 2002 PAGE 7 Monday, October 14, 2002 City of Kenai Kenai, Alaska · -" ~' RECEIVED , OCT ~ 5,' .... Atten: C Freas Due to personal reasons I find that I must resign my position on the Harbor Commission, I would like to thank you and those involved for this oppommity to have served my community. F.C. Rogers 1117 Larch St. Kenai, Alaska 99611 NAME: CITY OF KENAI past- CIO.' .itb ~ £uture. '~: AND PERSONAL DATA- FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: Resident of the City of Kenai? ~//~ .~ / Residence Address ////~~ ~}~t~/O/~~ Business Telephone No Email Address' Job Title Home Fax No. Business Fax EMPLOYER: NAM~ O~ SPOUSe: Current members~ / Home Telephone No. ~?d [ COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~ ~' j~ ~ y'T'/?. ~' ' _~ ' - '~ ,3/'' ' ' ' - DO YOU WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMn~EE , . S~gnature ~- / CITY OF KENAI "Village ~ith a past- Ci~. nith a [uture.' BACKGROUND AND CANDIDATES FOR APPOINTMENT COMMISSIONS DATE: Resident of the City of Kenai? Residence Address Mailing Address Home Fax No. Business Fax No. EMPLOYER: How long? ~"~"A~ 4- / Home Telephone No. Business Telephone No Ema/1 Address: /~~ Job Title NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 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, COMMISSION OR COMMITTEE MEMBERSHIP? Suggested by: Council CITY OF K~NAI ORDINANCE NO. 1948-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALAS~, AMENDING KMC 1.90.030 TO CHANGE THE QUALIFICATIONS FOR THE BEAUTIFICATION COMMITTEE, HARBOR, PARKS AND RECREATION, AND LIBRARY COMMISSIONS TO ALLOW UP TO TWO MEMBERS EACH TO BE NON-RESIDENTS OF THE CITY OF KENAI. WHEREAS, KMC 1.90.030 currently requires members of commissions, boards and commissions to be residents of the City of Kenai unless specifically exempted by the council; and WHEREAS, allowing up to two non-resident members of the Beautification Committee, and Harbor, Parks and Recreation, and Library Commissions will expand the pool of volunteers wishing to serve on them; and WHEREAS, non-resident volunteers can and do make beneficial contributions to the City of Kenai by their volunteer efforts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.90.030 be amended as follows: 1.90.030 qualifications. {a} A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. (b) The Beautification Committee, and Harbor, Library, and Parks and Recreation Commissions may at the discretion of the Council have up to two non-resident members each. PASSED BY THE COUNCIL OF THE CITY OF KEN_AI, ALAS~ ~0th day/~f February 2002. Carol L. Freas, City Clerk Introduced: February 6, 2002 Adopted' February 20, 2002 · Effective: March 20, 2002 KENAI PARKS/h RECREATION COMMISSION OCTOBER 3, 2002 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER & ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- August 1, 2002 and September 5, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEAI~r~ ITEM 5' OLD BUSINESS a. Discussion -- Cemetery Gazebo ITEM 6: NEW BUSINESS ITEM 7: REPORTS Commission Chair Director City Council Liaison ITEM 8: COMMISSION QUESTIONS &_ COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Council Action Agendas of September 4 and 18, 2002. Beautification Committee Minutes of September 10, 2002 ITEM 11' ADJOURNMENT KENAI PARKS ~ RECREATION COMMISSION OCTOBER 3, 2002 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR TIM WISNIEWSKI, PRESIDING MINUTES ITEM 1. CALL TO ORDER/h ROLL CALL Chairman Wisniewski called the meeting to order at 7'05 p.m. Members Present: Baxter, Wisniewski, Gifford, Sandahl, Hultberg Members Absent: Castimore Others Present: Secretars., Roper Councilwoman Porter, Joanna Cole (for Director Frates), Contract ITEM 2: AGENDA APPROVAL There were no objections and/or additions noted; the agenda was approved as presented. ITEM 3' 2002 APPROVAL OF MINUTES- August 1, 2002 and September 5, There were no corrections noted to both the August 1 and September 5, 2002 minutes; they were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HRA~r) -- None ITEM 5: OLD BUSINESS Discussion -- Cemetery Improvements / Gazebo Joanna Cole read the proposal for the cemetery improvements and the gazebo. The estimated cost of the project, including the gazebo, is $7,000.00. Cole added, there would be an article in the City's newsletter with bank account information for those wishing to make a donation. Hultberg asked about funding for the project and Cole noted Mr. Getty is adamant the project is done without assistance from the City. Hultberg asked if the City would cover the balance if the total amount is not achieved by spring and Councilwoman Porter reported the City's budget is tight at this time unless. Frates is able to shuffle funds from the Parks budget. Porter recommended this be reviewed again in the spring. MOTION Commissioner Sandahl MOVED to recommend Council approve the gazebo plans. Commissioner Hultberg SECONDED the motion. VOTE: Baxter Sandahl Yes ! Hultber§ Yes ! Castimore Yes Absent Gifford Wisniewski Yes Yes MOTION PASSED UNANIMOUSLY. Cole reported the cemetery had been vandalized and the police may know who did it. She added, many crosses and the fence had been damaged. Porter stated the airport is installing a security video camera and thought perhaps it could involve the cemetery. Cole will have Frates contact the airport manager regarding this. It was also reported the wrought iron fence is in the process of being installed and should be completed by mid-October. Discussion took place on water for the grass in the cemetery and Porter noted having a system installed would be quite expensive and other options are being considered. ITEM 6: NEW BUSINESS -- None ITEM 7: REPORTS 7a. Commission Chair-- Wisniewski asked the following: · Has anyone applied to replace Sam Steiner. Cole answered she would ask Frates to check with the City Clerk to see if anyone has applied. · How it looked for ice time at the multi-purpose facility and Cole reported, almost the entire season has been booked with the exception of daytime hours. It was also noted the ice was in. 7b. Director -- Joanna Cole reported the following: · Frates is in Homer attending the annual ARPA meeting. · Steve Booth from Booth's Landscaping will have the Municipal Park site design completed next week. · A preliminary meeting was held with the Boys & Girls Club regarding Section 36. Another meeting is scheduled for October 9th at 2 p.m. at the Teen Center. The Commission was invited to attend. · A meeting was held with the Boys & Girls Club regarding a team program with Parks & Recreation. It was noted this would save money for both programs. 7c. City Council Liaison -- Councilwoman Porter reported the Kenai Chamber of Commerce approached Council with a fish design to be placed in planters throughout the city as a promotional program for the "Hooked on the Kenai' program (photos were shared with the Commission}. She explained the Chamber hopes to have sponsors for the fish and the fees collected would go toward flowers for the planters. The sponsor's name would be etched on a plaque and placed near or on the planter. PARKS & RECREATION COMMISSION MEETING OCTOBER 3, 2002 PAGE 2 Porter announced Council gave approval to proceed with the project for one year. Porter also explained the Chamber went directly to Council and not through'the Beautification Committee or the Parks Commission due to strict time constraints. ITEM 8: COMMISSION OUESTIONS & COMMENTS Commissioner Gilford asked about the future of the skateboard park, specifically where it would be moved. Cole replied nothing had been done on that but she would bring it up to Frates for discussion at the next meeting. Commissioner Sandahl recommended a festival be planned for when the Unity Bike Trail is completed. Sandahl proceeded to explain the reasons for the paving delay this year. Hultberg wanted to know who to talk to about the project to get some answers regarding the delays. Commissioner Baxter asked about the status of the Winter Games. Gifford explained, a crew is hand-delivering the Kenai proposal to Whitehorse and in four to five months a group will visit Kenai. Gifford added, this would be widely advertised and much local participation will be sought. When asked what communities were submitting proposals, Gilford answered Juneau, Kenai and Fairbanks for sure; she wasn't aware of any others. Councilwoman Porter asked what was going on with Municipal Park. Cole wasn't aware of anything at this time. Porter asked for the Unity Trail issue be on the next agenda. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION 10a. 10b. Council Action Agendas of September 4 and 18, 2002. Beautification Committee Minutes of September 10, 2002. ITEM 11: ADJOURNMENT MOTION: Commissioner Sandahl MOVED to adjourn. ORDERED. There were no objections. SO The meeting adjourned at 7:40 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary PARKS & RECREATION COMMISSION MEETING OCTOBER 3, 2002 PAGE 3 PLANNING ~s ZONING COMPREHENSIVE PLAN WORK ~F~ION CITY COUNCIL CHAMBER~ SEPTEMBER 25, 2002 7:26 P.M. NOTES Commission Members Present: Commission Members Absent: Staff Present: Others Present: Bryson, Tunseth, Nord, Osborne, Amen, Glick Goecke Councilman Bannock, City Planner Kebschull, City Clerk Freas Kevin Waring (Kevin Waring Associates) Waring stated the only items left for review are the last two parts of the Comprehensive Plan. Upon completion, the Commission will review in full. The Airport Commission reviewed relevant parts of the draft concerning the airport; some word changes were suggested. Any further review and input from the Airport Commission and the Airport Manager will be suggested to Kebschull within the next month. Waring noted the following information and dates' Work session -- October 9 to review the Implementation section. · Request a Special Meeting for November 19 at 7'00 p.m. to present the entire plan to the Commission and public. · Invite and advertise the public to the special meeting in the city's newsletter. · The Commission's public hearing on the final plan will be scheduled at a future date and then the Plan will be forwarded to the Council for their review and consideration. The following items and ideas were discussed: · Warning noted nothing in the Comprehensive Plan could obligate the City of Kenai; any and all implementations would be made after the final review and Council decisions. · Kebschull inquired if defining the city center/Millennium Square area as a focal "area of opportunity" with the additional development of senior- oriented facilities would take away from mixed-use commercial options. Waring stated the area would not be exclusively for senior housing or health facilities, as the mixed-use notion is an important aspect in a successful city center. Identify 'conservation land' around airport as 'airport reserve' to avoid confusion and set aside wetland areas as conservation. A map detailing lands to be set-aside for the future exists in the Airport Master Plan. Provide adequate public access to beach areas. · Establish a map of trails for walking/hiking/biking and distribute brochure to tourists and visitor's. · Encourage private groups to help maintain local parks or look into waiving user fees at parks if a pre-determined amount of volunteer hours are spent on improving and maintaining the area. · Separate verbiage concerning the dock from the boat launch to avoid confusion. Work session adjourned at 9:00 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PLANNING & ZONING COMPREHENSIVE PLAN WORK SESSION SEPTEMBER 25, 2002 PAGE 2 le e CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CI~fiVIBERS OCTOBER 9, 2002- 7:00 P.M. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. *APPROVAL OF MINUTES: a. *September 25, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: e PUBLIC IIE~GS: a. PZ02-60--An application for a Conditional Use Permit - for a Transitional Living Office for the property known as 403 North Gill Street (Lot 5, WRF Subdivision), Kenai, Alaska. Application submitted by Women's Resource Crisis Center, 325 South Spruce Street, Alaska 99611. PZ02-6 l~An application for a Conditional Use Permit for Townhouses (Condominium Development) for the property known as 1700 Lawton Drive (Five Iron Heights Subdivision, Caribou Heights Addition), Kenai, Alaska. Application submitted by Shawn Anderson dba S.A.C. Construction, P.O. Box 3284, Kenai, Alaska. bo ® OLD BUSINESS: NEW BUSINESS: a. Amendment KMC 14.20.220(c)(1)(M) - Signs- Resolution limiting sandwich board signs from May 1 to September 15- Discussion. b. PZ83-19---Conditional Use Permit- Women's Resource & Crisis Center- Approval of building addition (conference room) to current structure. 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (9/10/02 & 9/25/02) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 9, 2002 VICE-CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER Vice-Chair Bryson called the meeting to order at 7'00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners Present' Commissioners Absent: Others Present: Osborne, Bryson, Nord, Glick, Amen Tunseth, Goecke Councilman Bannock, City Planner Kebschull, Department Assistant Harris 1-b. Agenda Approval MOTION: Commissioner Glick MOVED for approval of the agenda as presented, including the lay downs, and requested UNAN~OUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections, ilo ORDERED. 1-c. Consent Agenda MOTION: Commissioner Nord MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUT~ -- September 25, 2002 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT--'None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS PZ02-60---An application for a Conditional Use Permit - for a Transitional Livin§ Office for the property known as 403 North Gill Street (Lot 5, WRF Subdivision), Kenai, Alaska. Application submitted by Women's Resource Crisis Center, 325 South Spruce Street, Alaska 99611. MOTION: Commissioner Osborne MOVED to approve PZ02-60 and Commissioner Nord SECONDED the motion. Kebschull informed the Commission no conditional use permit is required for the play area, however one is required for the office as the proposed structure will be attached via an enclosed hallway that will join the mare structure to the addition. Bryson opened the floor to public testimony. Heather Arrett: Executive Director of the Women's Resource and Crisis Center- KenaJ: Arrett informed the Commission the use of the proposed addition would be to provide a children's play area/activity room. Currently, there is no space for this type of use in the existing structure. The addition will include a small office area for use by administration. Arrett stated this addition would be attached to the existing structure via an enclosed, heated hallway. Arrett also stated they do not anticipate any additional traffic to the area. If traffic should become a problem in the future, parking could be obtained by accessing a lot owned by WRCC directly behind the structure. ... Greg Tikka, Kenai: Tikka stated he is a neighbor of the Transitional Living facility and has no objections to their requests. Tikka further stated he has had no problems with his neighbors at all and stated he f'mds them to be courteous and law abiding. Public Testimony was closed. Kebschull referred to the letter submitted by James Trudeau and noted she contacted the Kenai Police Department to inquire about the third paragraph of his letter in which he referred to police activity and possible dangerous situations. Kebschull was informed this particular area has had only very isolated incidences; similar to other residential areas and they are not uncomfortable with the situation. VOTE: Bryson Nord Glick Yes Yes Yes Tunseth Absent Osborne Yes Goecke A!Tlen Absent Yes PLANNING & ZONING COMMISSION MEETING OCTOBER 9, 2002 PAGE 2 MOTION PASSED UNANIMOUSLY. 5-b. PZ02-61---An application for a Conditional Use Permit for Townhouses {Condominium Development) for the property known as 1700 Lawton Drive {Five Iron Hei§hts Subdivision, Caribou Hei§hts Addition), Kenai, Alaska. Apphcation submitted by Shawn Anderson dba S.A.C. Construction, P.O. Box 3284, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ02-61 and Commissioner Nord SECONDED the motion. There was no public testimony. Kebschull stated staff recommendations require three stipulations, which were outlined in the special requirements section of the Conditional Use Permit. Councilman Bannock requested clarification on the term "horizontal properties regimes act." Kebschull stated this term is from a state law that outlines group-owned properties. Commissioner Nord stated, prior to ownership a public declaration must be made outlining ownership lines. Nord informed the Commission townhouse owners possess the land directly in front and back of the structure while condominium owners own only their dwelling and all landscaping, snow removal, mowing etc. is covered by a homeowners' association. Nord stated she feels condominium development should be addressed in the code and also wondered if an additional stipulation should be added regarding snow removal. Bryson stated he felt uncomfortable with requiring a method of snow removal, especially since this is something all homeowners deal with. VOTE: Nord Yes Osborne Yes Amen Glick Yes Bryson Goecke Absent Yes Tunseth lYes Absent MOTION PASSED UNANIMOUSLY. ITEM 6: , OLD BUSINESS-- None ITEM 7: NEW BUSINESS Amendment KMC 14.20.220(c}{ 1)(M)- Signs- Resolution limiting signs from May I to September 15- Discussion. PLANNING & ZONING COMMISSION MEETING OCTOBER 9, 2002 PAGE 3 MOTION: Commissioner Glick MOVED to request scheduling of a public hearing regarding limiting sandwich board signs from May 1 to September 15. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. 7-bo PZ83-19~onditional Use Permit- Women's Resource & Crisis Center - Approval of building addition (conference room) to current structure. MOTION: Commissioner Glick MOVED to approve PZ83-19 and Commissioner Osborne SECONDED the motion. Kebschull reported the Women's Resource and Crisis Center (WRCC) is a special facility as the land it sits on is being leased from the City of Kenai. In the original contract, the City of Kenai required the WRCC to obtain written permission from the Planning & Zoning Commission prior to any additions to the structure. Bryson opened the floor to public testimony. Heather Arrett, Executive Director of WRCC, Kenai: Arrett informed the Commission the current building does not have sufficient meeting/conference space. Meetings larger than eight to ten people must be held at a different location, ~hich is very inconvenient. VOTE: Osborne Bryson Nord Yes Amen Yes Tunseth Yes Yes Absent G!ick Goecke Yes Absent MOTION PASSED UNANIMOUSLY. ITEM 8: ITEM 9: PENDING ITEMS--None CODE ENFORCEMENT-- None ITEM 10: REPORTS: 10-a. City Council--Councilman Bannock provided a recap of City Council action items and reformed the Commission of the cancellation of the Commission's November 27, 2002 meeting. PLANNING & ZONING COMMISSION MEETING OCTOBER 9, 2002 PAGE 4 10-b. Borough Planning--Bryson informed the Commission the next Borough Planning meeting is October 14, 2002. 10-c. Administration- Kebschull referred to Item 7-c, added to the agenda at the beginning of the meeting and the Commission reviewed Resolution No. 2002-69, adopting the city's 2003-2004 capital improvement project priority list. MOTION' Commissioner Osborne MOVED to request UNANIMOUS APPROVAL of Resolution 2002-69. Commissioner Glick SECONDED the motion. There were no objections. ORDERED. SO Kebschull reported the next Comprehensive Plan public presentation meeting is scheduled for November 19. ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None ITEM 12' INFORMATION ITEMS 12-a. Zomng Bulletin (9 / 10 / 02 & 9 / 25 / 02) ITEM 13' COMMISSION COMMENTS ~ QUF~TIONS Commissioner Amen requested clarification on the name designation applied to airport lands at the last Comprehensive Plan Meeting. ITEM 14: ADJOURNMENT The meeting adjourned at 7'55 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PLANNING & ZONING COMMISSION MEETING OCTOBER 9, 2002 PAGE 5 KENAI BEAUTIFICATION COMMITTEE OCTOBER 8, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ***AGENDA*** ITEM 1: CALL TO ORDER ih ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- September 10, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINF~S ITEM 6: NEW BUSINESS ao Discussion -- Review of Summer Flowerbeds ITEM 7: REPORTS ao Committee Chair Parks & Recreation Director Kenal-City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9: INFORMATION ao Parks & Recreation Commission Meeting Minutes of August 1, 2002. City Council Action Agendas of September 4 and 18, 2002. ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE OCTOBER 8, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR MARILYN DIMMICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Due to a lack of quorum, the meeting was canceled at 7:15 p.m. Members Present: Members Absent: Others Present: Dimmick, Brown, Nelson Seymour, Hett, Rogers Councilwoman Swarner, Parks & Recreation Director Frates, Department Assistant Harts ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- September 10, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINGS ITEM 6: NEW BUSINESS 6-a. Discussion -- Review of Summer Flowerbeds ITEM 7: REPORTS Committee Chair Parks/h Recreation Director Kenai City Council Liaison ITEM 8: /)UESTIONS AND COMMENTS ITEM 9: INFORMATION Parks/h Recreation Commission Meeting Minutes of August 1, 2002. City Council Action ~endas of September 4 and 18, 2002. ITEM 10: ADJOURNMENT Minutes transcribed and prepared by: Sharon Harris, Department Assistant AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 2, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us COUNCIL STAFF MEETING: 6:00 P.M. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS . Ordinance No. 1974-2002 -- Amending KMC 14.20.200 (Accessory Structures) to Clarify Which Accessory Structures May Be Built Within the Setback and How Close Such Structures May Be Built to Lot Lines. . Ordinance No. 1975-2002 -- Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. 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 18, 2002. ITEM F: CORRF~PONDENCE ITEM G: OLD BUSINGS ITEM H: NEW BUSINESS o Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 , Approval -- Declaring Scott Air Packs and Associated Equipment Surplus and Approving the Advertisement and Sale of These Items. . Discussion-- Assisted Living Facility Proposed Site ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 2, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai, ak.u s MAYOR JOHN J. WILLIAMS, PRF.~IDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:09 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Jackman, Williams, and Bookey. Present were: Swarner, Moore, Porter, Bannock, A-3. "AGENDA APPROVAL .. Mayor Williams requested the following changes to the agenda: SUBSTITUTE: MOTION: H-2, Purchase Orders Exceeding $2,500 -- Addition of Purchase orders to Bob's Services and Yukon Equipment. Councilwoman Swarner MOVED for approval of the agenda as amended and Councilman Bookey SECOI/DED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Councilwoman Swarner MOVED for. approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS-- None. ITEM C: PUBLIC HEARINGS KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 2 C-lo 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. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1974-2002 and Councilwoman Jackman SECONDED the motion. There were no public comments. Councilman Bannock reported the Planning & Zoning Commission considered a resolution to this regard, which came to them from administration. The Commission passed their resolution unanimously. VOTE: Swamer Yes Moore Yes Porter Yes Bannock Yes Jackman Yes Williams Yes Yes Booker MOTION PASSED_UNANIMOUSLY. C-2o Ordinance No. 1975-2002 -- Increasing Estimated Revenues and Appropriations by $955,000 for Airport Grants. MOTION: Councilwoman Jackman MOVED for adoption of Ordinance no. 1975-2002 and Councilwoman Swarner $~ONDED the motion. There were no public or council comments. VOTE: Swarner Yes Moore Yes , Porter Yes Yes Jackman Yes Williams Yes Yes Bannock Booke¥ MOTION PASSED UNANIMOUSLY. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging-- Councilwoman Swarner reported the minutes of the previous meeting were included in the packet. She noted an open house will be held KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 3 at Vintage Pointe Manor from 3'00~5'00 p.m. on Sunday, October 13, 2002 to celebrate the facility's tenth anmversary. Swarner also reported the next Council on Aging meeting would be held on Thursday, October 3 at 10'00 a.m. at the Senior Center. D-2. ,~"port Commissio~ -- Councilwoman Jackman reviewed minutes of the September 18 meeting and noted discussion took place on the Land Use Plan portion of the Comprehensive Plan and a request for rental space at the airport. Wi!l/ams suggested the possibility of the Commission meeting at the new operations building. A brief discussion took place and concerns were noted as: space needs, the conference room may be too constrictive for the size of the group; continuity, continuing the use of the council chambers for the meetings would be more beneficial for the public, etc. It was suggested the Commission discuss the matter and meet once at the facility. D-3. thrbor Commission -- Councilman Bookey reported the next meeting will be held on Monday, October 7, 2002. D-4. Library Commission -- Councilman Moore reported the October meeting had been canceled. D-5. Parks/h Recreation Commission -- Councilwoman Porter reported the October meeting would be held on October 3, 2002. D-6. Planning/is Zoning Commission -- Councilman Bannock reviewed the minutes of the September 25 Commission meeting. He also noted, another Comprehensive Plan work session was held following the meeting at which time the Commission reviewed quality of life issues. The next work session will be held for the Commission to review the entire Plan. Bannock reported the Commission has requested their November 27 meeting be cancelled as it is Thanksgiving Eve. He also noted, the Commission requested a special meeting be held on November 19 to review the entire Comprehensive Plan draft. Council had no objections to either request. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next meeting would be held on October 8, 2002 at 7:00 p.m. in the Council Chambers. D-7b. Kenai Convention/h Visitors Bureau Board -- Councilman Bookey reported a meeting was held on September 22 at which time a review of the new bingo rules and regulations took place in regard to their effect on the KVCB's revenues. He KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 4 noted, the KVCB and the Peninsula Oilers will probably operate under one group with the Oilers taking control of the games. D-7c. Alaska Municipal League Report -- Williams reminded council to contact the City Clerk if they plan on attendin§ the November AML Conference in Valdez. D-7d. Kenai Chamber of Commerce -- No report. ITEM E:' MINUTES Regular Meeting of September 18, 2002. ITEM F: CORRESPONDENCE-- None ITEM G: OLD BUSINESS-- None ITEM H: NEW BUSINESS H-Xo Bills to be Paid, Bills to be Ratified .. MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. i-2o Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and to include the purchase orders to Bob's Services and Yukon Equipment and Councilman Moore SECONDED the motion. Bannock noted Sean Anderson, in the audience, was requesting to speak to the purchase orders. Council had no objections. Sean Anderson -- Referred to the purchase order for $7,900 for the installation of water main extensions on Lawton Drive. He noted, he ran the water main along Lawton Drive as required by a purchase agreement for 4.9 acres of city property Lawton Drive. Anderson reported, because a piece of property was sold across the street, the city would be tapping into the water main he placed for stubouts to the newly sold borough property. KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 5 Anderson noted his desire for the city to have a reimbursement program since he placed the water main. He added, the person who bought the borough property was now being paid by the city to place the stubouts. He disagreed with that and felt there were things the city could do to help in the development of the property. Williams stated it was the city's intention to place the stubouts before the road is paved so the new pavement would not have to be cut. Had it been known who the purchaser of the borough property would be and that he would also place the stubouts, the city may have waited to have the work done. Williams noted, it is almost mandatory or normal for the city to have its stubouts placed prior to paving. La Shot explained, the purchase order on the list would be to purchase the supplies and pay for the placement of the stubouts. Porter asked if the city pays for stubouts, why was the city not doing the same for Anderson. Williams explained, the city sold him the property with his promise that he would do all the work. Now, the city was being assured there would be stubouts across the road not knomg who the contractor or purchaser would be of the borough property. Attorney Graves noted there were no proprietary fights to the water main and placing the lines was inclu'ded in the sale of the property to Anderson; Anderson purchased the property at a ~Scounted price to compensate him for laying the water lines through that area. He added, the appraisal took into account Anderson would have to supply the utilities. Williams stated he sympathizes with Anderson's concerns. He noted, he spoke with the borough prior to the sale and discussed the advantage they would have with the sale as they knew the water/sewer lines were already in that area and they would not have to pay for them. Williams added, he suggested to the borough they reimburse the city when they sell the land. Bannock noted, based on the sale of the borough property at $140,000, divided by acre and compare it to the costs Anderson has invested ($124,000), they were comparatively the same. He added, he felt the city created a dichotomy in that on one side of the street the city is paying to benefit the individual developer and on the other, another private developer is placing lines and has been asked to bear all the costs. Williams disagreed. It was noted, the purchase order was to place water line stubouts (sewer lines were already placed) to the edge of the property. Anderson also noted, on September 9 he was ready to pave the street and received a letter from the city telling him ~no paving should take place until the main sewer lines are installed across Lawton Drive." He noted, the city was holding him up on his paving and there would be additional costs because of damage being done to the roadbed. Also, in the spring, the paving would hold up getting supplies and materials into his property to begin construction. Anderson noted, he was asking council to KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 6 consider changing their policy to this regard because he has increased the value to the property purchased from the borough, as well as the property he purchased from the city, by placing the water line. He added, he believed the city's assistance in reimbursing some of the costs to developers in this type of development, would increase city revenues and economic development. It was noted, the same contractor was doing both the city projects and Swamer asked why the two projects weren't done at the same time. Porter asked Anderson an estimate of his loss and Anderson stated he wouldn't be able to answer that until spring, after paving. Bookey stated he agreed with Swamer in that it was a situation where it was unfortunate the same contractor was doing both the stubouts and is also the property purchaser. However, he was most concerned there were two projects done within a short amount of time, that should have been done as one project through the normal bidding process. He added, he was very opposed to administration circumventing the bid process of a project costing over $10,000. Bookey added, he sympathized with Anderson's concerns. Bannock asked the possibility of creating a rebate formula like other utility companies. Bookey stated, there would be many variables that he didn't think the city would want to get into as most individual contractors wouldn't get into that type of situation and those that do, understand the situation. Bannock noted other situations included in the development of the area are benefits to the landowner and the city, looping of utilities, and the abandoned well house and none would be on the horizon ff Anderson doesn't develop the lines. Williams stated, the city's mare concern is to get the lines across the street and installation of the water line by Anderson was at a considerably less cost than what it would have been for the city to place it. He added, the value of the property to Anderson would be less if the city had placed *the water line. Anderson noted he still owns the water line and the city is saying it wants to tie into his water line before he signs over the water line. Bookey noted, when utility lines are placed in city rights-of-way, they become city property. Swarner suggested voting on the purchase order approval and discuss the delays of the paving later. Bookey stated he would bring the bid process discussion back later in the meeting. VOTE: Bannock B°okey Yes Moore Yes Porter Yes dackman Yes Yes Yes Williams Yes ~NAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 7 MOTION PASSED UNANIMOUSLY. H-3o Approval -- Declaring Scott Air Packs and Associated Equipment Surplus and Approving the Advertisement and Sale of These Items. MOTION: Councilwoman Porter MOVED to declare the SCBA equipment obsolete and allow it to be auctioned off for sale by sealed bid to the best accepted offer. Councilwoman Swarner SECONDED the motion. Referring to the information included in the packet, Assistant Fire Chief Tilly explained the city replaced its aging self-contained breathing apparatus (SCBA air packs and bottles) through a FEMA grant last year. The Department would like to offer the equipment for sale through a sealed bid process as required by code. VOTE: There were no objections. SO ORDERED. H-4o Discussion -- Assisted Living Facility Proposed Site Councilwoman Swarner explained, in order to apply for a predevelopment grant for an assisted living facility, it was necessary to specify a site and indicate whether the sponsoring agency has control of the site. She noted, several sites had been suggested, i.e. Evergreen Street, what is now the parking area of the senior housing complex, etc. Porter suggested designating the parking area site in the predevelopment grant as that property was originally set aside to be used for a 20-unit addition to Vintage Pointe. Swarner noted, the property could be identified for the predevelopment grant, but may be changed. She added, a letter indicating the city's support of the development of an assisted living facility, the sponsor has control of the site, and identification of the site should be prepared by administration for inclusion with the predevelopment grant. MOTION: Councilwoman Porter MOVED to have Administration write a letter to the granting agency to recommend the site connected to Vintage Pointe Manor and to address that the City of Kenai is in favor of the concept for assisted living within our community. Councilwoman Swarner ~ECONDED the motion and requested UNANIMOUS CON$ENT. There were no objections. 80 ORD~~D. KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 8 ITEM I: REPORT OF THE MAYOR -- Willies noted the following: · A letter from the KCHS Hockey Booster Club was included in the packet requesting a donation. Williams suggested a letter be prepared to explain the city council supports the hockey program through providing the covered, refrigerated ice at the multipurpose facility and wish them luck in the year to come. Porter suggested a one-time donation be made to the high school to be divided among all the sporting groups instead of making individual donations. It was agreed this suggestion could be discussed at the next budget meeting. Council agreed a letter should be sent to the Booster Club. The condition of Cook Avenue is not good and questioned whether council had any interest in cleaning it up and paving it. Williams suggested it be paved as a community purpose instead of a residential street due to the amount of businesses along the road and the business traffic it receives. He felt it was more than the resident use. Council felt it was an issue to discuss at a budget work session. · A meeting with the Corps of Engineers regarding the bluff project is scheduled for October 7. · Reminded council of the work sessions scheduled for Monday, October 14 and Tuesday, October 15. ITEM J: ADMINISTRATION REPORTS J-1. City Manager -- Acting City Manager Semmens was asked to have the progress of the Birch Island land trade reported on at the next council meeting. J-2o Attorney-- No report. Drive. City Clerk -- Clerk Freas reported the following: A petition is being distributed to fora a paving district on McCollum The Canvass Board will meet at 10:00 a.m. on October 8. ITEM K: DISCUSSION X-Xo Citizens-- None. K-2. Council Bookey -- Stated his concern in regard to the matter with Sean Anderson, i.e. that there were two projects within several weeks along the same street. He added, he felt the projects should have been handled as one and should have gone to bid and that the city had circumvented the bidding process. Bookey stated, if it happens again he will move to lower the $10,000 bidding limit to $5,000. He added, he felt it was unfair to the constituency, developer and contractor. KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 9 Williams stated he felt it was unfortunate the property in that area was put up for sale by the borough during Anderson's project and added, it was unfortunate the borough was reaping a huge profit which created a problem for the city. Williams stated, he felt it was an issue needing to be discussed with the Assembly members, i.e. when they do something in the city which will affect the city, the matter should be discussed between the Assembly and the council. Wilhams noted, the sewer line is on the golf course-side of the road and the water line is on the "Zubect6' side of the road. He added, it would appear the sewer line would cost substantially more to get across the road than the water line. If they were dealing with only the water line, the city could have done the tap at anytime in the future. Williams added, it should have been more properly stated the city wanted the sewer line to get across the road before the paving took place. La Shot noted, the project that has been completed by the developer actually had sewer stubouts out of the manhole. He added, the last purchase order was for extending the sewer stubouts to the property line so no paving would be destroyed. La Shot added, the water crossings are being done for the same reason. The reason the work did not go to-bid was timing. La Shot also explained, if the road were paved before the water sfubouts were extended, the pavement would still have to be cut to complete the work. Porter stated she hoped council would readdress any costs the city has caused Anderson due to the delay in his paving schedule in the Spring. Swarner -- Stated her pleasure in being reelected. Moore -- Stated he would like to see Anderson invited back to address the council in the spring. Porter-- Thanked La Shot for addressing a paving concern she had and indicated a bus had been parked in the parking lot across from Blockbuster for some time. Graves reported the matter had been referred to the zoning enforcement officer. Bannock -- Noted his excitement in being reelected and asked about loose tiles in the airport terminal flooring. Airport Manager Cronkhite reported the contractor had been notified and the flooring is under warranty. The contractor will either repair or replace the faulty tiles. Jackman -- Requested a report on the city auction. EXECUTIVE SESSION- None Scheduled KENAI CITY COUNCIL MEETING OCTOBER 2, 2002 PAGE 10 ITEM L: ADJOURNMENT The meeting adjourned at approximately 9:41 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z n,' Z Z 0 0 0 0 0 <{: <{: > > > (..3 0 ~ n,' < 'r' ~ a. {/3 I- Z U,I 0 0 0 0 > 0 (.'3 z 0 0 0 0 0 0 o o 0 0 0 (.'3 0 z LLI n~ Z U.I LM 0 -r' o o La < 0 0 o o w w 0 Z o o LLI LU 0 0 LM Z n- < < 0 ~ 0 0 0 0 0 CO CO 0 0 0 0 0 ~-' ~ O~ 0 0 0 0 0 ~- '~' 0 0 0 ~ O~ iD Z LU UJ iD 2:) 0 (D ~ m [z: z z ~ _z ~ w w - w o_ 0 0 w w z 0. w r~ of o_ o_ 0 0 m 0_ o. 0 0 o ~- 0 0 -- z 0 > n < n, 03 0 0 0 k-. z (.9 m T' Z 0 W n- Junior · ® Achievement September 26, 2002 Linda Snow City of Kenai P.O. Box 2116 Kenai, AK 99611 RECEIVED , OCT t 6 ;4]0? , KENAI CITY CLERK 711 ~t street. Suite 320 Anchorage. AK 99501 Phone (907)344-0101 Fax ~ 907)349-5158 http://alaska.ja.org Dear Linda, Junior Achievement of Kenai, Nikiski, and Soldotna needs your support. This past year volunteer JA consultants have presented the basics of business, economics, and personal finance to over 420 students in 21 different classes, for a minimum of 200 hours of instruction. JA often is the only course of instruction provided to our students on how the American economy works. The U.S. is still the only post-industrial nation that does not require instruction of its economic system in its schools. Mrs. Hanson's 2nd grade class at Sears Elementary will be participating for a fifth year and Ward Roman's classes at Nikiski Jr./Sr. will be on board for a seventh season. These classes mirror the beliefs and founding tenants that typically make your company a successful enterprise. Would your firm be willing to sponsor a Kenai, Soldotna or Nikiski class? The curriculum cost per classroom of instruction is $800.00. Mr. Roman's classes and Mrs. Hanson's class will total $4,000.00. The money goes strictly to the curriculum and to the students, and any level of support by your company would be appreciated. The central peninsula program is 100% staffed by volunteers' a five member volunteer Board of Directors and 18 classroom consultants. This marks the 30th anniversary for Junior Achievement in Alaska. Any investment that your company can provide ;*.:ill pay .dividends for. ycars to come. Inf°~ed students will make better economic decisions in the future. The Board of Directors of Central Peninsula Junior Achievement appreciates your time, please consider what you can do and we will follow up with you soon. Sincerely, Randy ~ ~_~~ Chairman Kenai, Nikiski, Soldotna Junior Achievement L.et Their CSacc ¥oar IncpiratJon!TM Peninsula Winter Games inc. P.O. Box 2655 Soldotna, Alaska 99669 Phone: 907-260-1966 Cell Phone: 907-252-2074 Fax: 907-262-3792 September 23, 2002 Carol Freas City of Kenai 210 Fidalgo Ave.. Suite. 200 Kenai. Alaska 99611 RECEIVE Dear Carol. The enclosed information details the many events planned for this winter's 26th anniversary of the Peninsula Winter Games. Please take a moment to review the sponsorship oppommities, and reflect on how your sponsorship mill help make these games oux best e~er! Not only are there tremendous economic benefits to the Kenai Peninsula community in holding these game.~ the~ are also even great~ benefits to our community as a whole in sharing fun and wholesome winter Sl~Orts as a community! I urge you to show your support for our community by sponsoring the Penias~a Winter Games at whatever level you are able. As-an added ~tive this year, sponsors who elect to sponsor the Crames at the "$2,500.00" level and up will receive a free half-page to a full-page advertising in our schedule of events ad. We are printing 1000 copies that will be distributed around the community. Thank you for your support of the Peninsula Winter Games. Let's work tOgether to make this 26th anniversary year a rousing success, and a tribute to Al York, who started this dream for us to carry on. Sincerely, Myra Arbelovsky Executive Director II ! ! "Help Make it Happen for the Peninsula Youth" SPONSORSHIP PLEDGE (Please check one of the following boxes and circle an event} Yes, 1 would like to parmer with the Peninsula Winter Games. Commitment: $100-$250 Level Sponsor Ii I i Yes, I would like to partner with the Peninsula Winter Games. Commitment: $500 Level Sponsor Events: Puck Radar Shoot, Native Youth Olympics, Broom Hockey, Skijoring Race, Speed Skating, Kid's Dog Weight Pull, Kid's Snow Machine Rides, Figure Skating, Gymnastic Demo. I[ ! ] Yes, I would like to partner with the Peninsula Winter Games. Commitment: $1,000 Level Sponsor Company: Events: Youth Basketball Tournament, Cross Country Ski Races, State Champion- ship Dog Weight Pull, Snowshoe Softball, Teen Dance, Monopoly Tournament, Team Triathlons, Adult Basketball Tournament, PWG Annual Breakfast, Log Sawing Contest, Spar Ken Races, Horse Sleigh Rides. Yes, I would like to parmer with the Peninsula Winter Games. Commitme~nt: $2500-$5~ Level Sponsor Events: Tustumena 200 Ceremonial Race (rides for special needs kids), Youth Hockey Tournament, Children's Carnival, Al York Memorial Junior Musher Sled Dog Race, Ice Sculpting Tournament, PWG Annual Lunches. Yes, 1 would like to Co-Sponsor with the Peninsula Winter Games. Commitment: $10,000.00 Level Sponsor Events: All of the Peninsula Winter Games Events. City Contact Person: Address State Zip Phone Fax I have enclosed a check for the amount of $ m I: m : ',~ Please bill me for the amount of $ i~. Please charge my credit card for the amount of $ i~ Exp. Date Credit Card # Printed Name Cardholders Signature Please return this form via fax to (907) 262-3792 or by mail to P.O. Box 2655 Soidotna, AK 99669 .:'Ii 11 'Ii -II 3It .Ii :Il ;iii ~II -Ii Ii Il 'i Il '.~.,__I_I._I_ !.I I_I. · I. I_I.I_ I I_ I_'!.. I · I I. · II · I · ·-ii · · i-i i i' i-.Ii 'i'I · I i-I -- .- _1 il, .. : !. ..~._~ . I " OUR CHALLENGE " TO PROVIDE PENINSULA YOUTH I' WITH WHOLESOME FUN & FROLIC I, I. I THE PENINSULA WINTER GAMES Ii II The youth of our communities are the focus of the Peninsula Winter Games. They deserve our dedication to the success of these winter activities. The smile or laughter of a child is well worth all the effort necessary. Let's make Peninsula Winter Games something our community and our young people look forward to with anticipation and enthusiasm. I~Ielp us bring the largest selection of activities ever to this year's Peninsula Winter Games. I, "Our Kids are Our Greatest Resource" ,Ii I i-i-i I.I I I I I Ii i-i'i-i-i-i"i-i-I I I I I · I I I I I I I I II I I · I I I I 1. .il' ~1. '-t' INTRODUCTION From January 25th, to February 4th, 2003, hundreds of athletes, coaches and families from the Kenai Peninsula, Anchorage and sur- rounding areas will be visiting the cities of Soldotna, Homer, Seward, Nikiski, and Kenai to participate in the Peninsula Winter Games. These athletes will be competing in many sporting events such as hockey tournament, basketball, state championship dog weight pull, snowboarding, ice sculpting, broom hockey, monopoly tournament, skijoring race, Tusmmena 200 Dog Race, and many more events. Staging an event of this magnitude will require the involvement of · · many segments of our community. This contributor information pack- age has been specifically prepared for our corporate sponsors. It is ..... with great pride that we offer you this opportunity to invest and par- ticipate in th'e introduction of our events. FINANCING THE GAMES The cost of hosting the 2003 Peninsula Winter Games is estimated at $125,000. The major expen- ditures include: insurance, awards, purses, rental of the sport facility, etc. We must depend solely on the support of the public sector to secure the finan- cial needs of the games. I i II II tl II II l: t i ,l II iii I I I_.I!i;II.I'.I;,I..ILI..I ii I I l.l lB I:l',.ll I,-l?ll:ll.l..I,l.l.I I ! I l. I BOARD OF DIRECTORS · ~ President ................................................... Norm Blakeley a! Vice President ..Kurt Olson ~! Secretary · Richard Brown II · · · · · e · e · o o e · · · · o · · · e · · · · e · e e e e e e e e e o e e e o e e e e e e e e o ~ Treasurer ................................................... Jeff S inz · i Director .................................................... Myra Arbelovsky BOARD MEMBERS Bob Favretto Senator John Torgerson Mike Sweeney Representative Ken Lancaster '-.;-; ' -'~'",Z:' "'.'L'.,,2r ..... :' .... Employer Identification Number: 91-1851774 Permit Number 2036 .' ,. · m m m m m m m m 1 I m ~m m [] d lb'lllllllllllllllllllllllllllllllll.lllllllllll HISTORICAL PERSPECTIVES I ?,.,I 1 I I =i The Peninsula Winter Games were started back in 1973 by the late Mr. Al York, a member · ~ of the Soldotna Lions Club. Mr. York recognized the need to create an event where the lo- a~ cai children would have some fun during the winter months. With the passing of Mr. York, Mrs. York and then private citizen Mr. John Torgerson picked up the torch and with the help of many other volunteers carried forward the tradition of the Games. As the Games continued, it became obvious they had the potential to become a premier winter carnival that would draw winter tourists, stimulating business in our com- munities. The Peninsula Winter Games are now doing juSt that. NEW HORIZONS The Board of Directors for the Kenai Peninsula Winter Games recently committed to the procurement, design, and construction of a snowboard/skateboard hill in the Soldotna area. This park will be used as a snowboard hill in the winter and a skateboard facility in the summer. Because of this Board commitment and our expanding Games we have initiated a year round fund raising effort. We are certain you will want to join in this opportunity as we make the Peninsula a year round destination. The visions of yesterday could be the realities of tomorrow if we all work to make it hap- pen. WINTER TOURISM Increasing the winter tourism on the Peninsula has been a goal for many businesses. The Peninsula Winter Games will be a very important part of the endeavor. Filling vacant hotel rooms and increasing visitor spending during "off' season" provides benefits throughout the communities. The Peninsula Winter Games can only help spread the word about our area as an attractive winter destination. "Give Kids a Chance to Participate" , [~l I:1~.1.'.11 I.'1111 I'.1 I.I I.'1 l':li:l-/i:"l-i--i::-i--i-i-i-'i"i '1 I I.i I"~1_.1:.1_.1. I_ I · I I_1 id I 1 1 1 ~nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn ni'~--n-ih-n~nnnlli II I1 t, I I - . \ "Family Fun For Everyone" ECONOMIC BENEFIT I, I' I II l, II I1 It is estimated that over 250 volunteers will be needed to successfully stage the 2003 Games. This level of involvement by the local residents, combined with the support of the local business and civic leaders, will foster a great deal of pride in our communities and a knowledge that when we all pull together we can accomplish great things. Illllllllllllll'llllllllll. lllllllil I i llll llll'$ in In addition to the estimated $125,000 in expenditures necessary to host the ilGames' an additi°nal $75'000 °r m°re in expenditures is expected fr°m- friends and families. This $200,000 will circulate several times through the lo- cal economy providing economic stimulation of various industries including: ihotels, airlines, restaurants, gift shops, general retailers and more. ] - - - · - · ,, ·. n - n n n" - n · - I -_.._.l._!p__p_.!__!__!.!__p.._!_! l ! I .,. i .. , [[. SPONSORSHIPS The Peninsula Winter Games offers our contributors many opportunities to be recognized for their support. Our programs includes: Media support. Peninsula-wide distribution of posters, signage and event schedules at sports venue. It is our intent that the public will know of your generous support. All ~pon~ors will have sign~ ~howing their sponsorship at the events. i S 100-250 S,onsors Receive Thank you recognition in publications. CertifiCate of Sponsorships, and free breakfast. i i S500 Sponsors Receive Same as $100-$250 Sponsors. plus listing in all "Schedule of Events" Ads Speed Skating Figure Skating Kid's Dog Weight Pull Horse Sleigh Rides Kid's Snow Machine Rides Gymnastic Demo Tusmmena 200 Ceremonial Race (rides for special needs kids) i i i i i i i i 1,000 Sponsors Receive Same as $100-$250 Sponsors, plus 2 PWG T-shirt, 2 Tickets to the Banquet. Bold list- ing in all "Schedule of Events" Ads, Bold listing in "Thank You" Ads, Name on spe- cific event banner. Name on the PWG Banner. i Puck Radar Shoot Native Youth Olympics Broom Hockey Skijoring Race II I Youth Basketball Tournament Cross Country Ski Races State Championship Dog Weight Pull Snowshoe Softball Adult Basketball Tournament Teen Dance PWG Annual Breakfast Monopoly Tournament Log Sawing Contest Team Triathlons Spar ken Races 2500-5000 Sponsors Receive Same as 1,000 Sponsors, plus Logo in all "Announcement" Ads, Corporate Banner at Events, Business Name Recognition on all Radio Ads, 2 extra P WG T-shirts, 2 extra Banquet Tickets. Youth Hockey Tournament Children's Camival I Al York Memorial Junior Musher Sled Dog Race Ice Sculpting Tournament PWG Lunches t -I -.~i~ ~11: II Il -r i i i ii _1 i _ i 10,000.00 Sponsors Receive Co-Sponsor of all the Peninsula Winter Games Full Page Ad with the PWG Schedule of Events i a',,,,'''',,,,,,,,,,,,,,,,,,,,,,,,,,'-,,,,,,,,,, Jl MEMORANDUM 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: THRU: DATE: SUBJ: City Council Lawrence A. Semmens, Finance Directort~ Linda Snow, City Manager October 10, 2002 Investment Report At September 30, 2002 the City investments had a market value of $33,576,776. The current portfolio yield is 3.30%, which is down from 5.17% last year. The market values and types of investments held are: US Agency Securities AML Investment Pool Repurchase' Agreements Total Market Value $30,753,944 $ 1,551,726 $ 1.,271,106_ $33,576,776 Carrying Value $33,455,328 One year ago I reported that the two year treasury was 2.85% which was a 30 year Iow. Guess what, the two year treasury was at 1.68% on September 30, 2002! This is even below the 1.75% federal funds rate, which is very unusual. It has happened only 4 times in the last 13 years and in the past the foderal funds rate was r~:lu~d in each case. This means that there is every likelihood of another fed rate cut and probably even lower short term interest rates. This is not good from a revenue standpoint. The budget was built assuming a 4% average yield on the portfolio. We are below that rate now and it is likely we will stay under it all year. If our average yield is 3% on the year, general fund interest revenue will be short by about $100,000. Just as it was last year, my strategy is to invest in shorter term securities, generally less than two years. Longer maturities yield more, but the yields are so Iow that it is hard to imagine rates not increasing in the next couple years. Because of the probability of rates increasing, I do not want to be in the position of holding long term securities yielding less than 4%. If you have any questions or comments about the City's investments please contact me. A copy of the portfolio is attached. CITY Of KENAI CITY OF KENAI INVESTMENTS 9/30/2002 SECURITY FFCB 5.72 FHLB 3.O FICO Strip SLMA Fit 2.254 FFCB 3.2 FHLB 3.16 FHLB 2.5 FHLMC 3.5 FMCNT 3.5 FHLMC 3.06 FHLMC 3.5 FHLMC 3.4 FNMA 3.3 FNMA 3.32 FMCNT 3.25 FNMA 3.5 GHLMC 3.05 FNMA 2.6 FHLMC 2.25 FHLB 4.20-1.97YTC FNMA 3.60 FNMA 3.6 FFCB 3.34 FMCNT 3.3 FHLB 3.8 FHLB 4.26 FFCB 3.9 FHCI 9.50 FNMA 3.2 FHLB 3.05 FNMA 6.92 6130/2002 EFFECT. DATE DATE carrying value RATE PURCH. DUE $1,532,415.00 $1,005,312.50 $983,730.00 $500,985.00 $1,002,190.00 $1,004,380.00 $994,690.00 $1,004,200.00 $1,004,890.00 $999,180. O0 $1,006,150. O0 $1,506,840.00 $1,004,060.00 $1,004,690.00 $1,002,520.00 $1,008,750.00 $1,000,000.00 $1,000,000.00 $997,812.50 $1,003,593.75 $502,015.00 $1,013,125.00 $1,000,000.00 $1,006,093.75 $1,008,130. O0 $1,014,060.00 $1,000,000.00 $502,312.63 $1,001,930.00 $1,000,000.00 $1,018,440.00 4.23 6/20/2001 2/4/2003 1.97 9/13/2002 3/21/2003 4.25 6/21/2001 3/26/2003 2.07 8/8/2001 7/16/2003 3.20 10/23/2001 10/22/2003 3.16 10/29/2001 10/29/2003 3.42 12/12/2001 11/14/2003 3.50 12/26/2001 12/26/2003 3.47 1/29/2002 1/16/2004 3.25 1/28/2002 1/28/2004 3.52 2/20/2002 2./20/2004 3.40 2/20/2002 2/20/2004 3.31 2/27/2002 2/25/2004 3.32 3/4/2002 3/4/2004 3.61 11/30/2001 5/20/2004 3.50 6/24/2002 6/24/2004 3.05 7/15/2002 7/15/2004 2.60 8/26/2002 8/26/2004 2.36 9/24/2002 9/24~2004 1.97 8/5/2002 1014/2004 3.60 10/29/2001 10/29/2004 2.38 9/24/2002 10/2912004 3.34 7/29/2002 1/28/2005 2.66 8/13/2002 2/1/2005 4.00 2J8/2002 2/8/2005 4.26 5/14/2002 3/28/2005 3.90 7/18/2002 7/18/2005 7.69 8/22/2000 8/1/2005 3.13 9113/2002 919/2005 3.05 9/27/2002 9/27/2005 6.95 11/24/2000 1118/2005 AT MATURITY (PAR) 1,500,000.00 1,000,000.00 1,000,000.00 500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 478,409.52 1,000,000.00 1,000,000.00 1,000,000.00 SUB TOTAL 30,632,495.13 AML POOL 1,551,726.48 32,184,221.61 REPO 1,271,105.93 TOTAL 33,455,327.54 1.75 1.57 30,478,409.52 1,551,726.48 1,271,105.93 33,301,241.93 TOTAL CURRENT YIELD 3.30% nal Municipal Airport Monthly ReportII New Operations Supervisor: Kenai resident, Earl Hicks joined the airport team October 1. If you haven't met Earl yet, stop by and have him give you a tour of the new facility. Equipment is in the bays and the sand storage area is full and ready for winter. FAA Compliance Review: On September 30 Jonathan Larson, External Program Manager, conducted an onsite compliance review for the Disadvantage Business Enterprise (DBE) program, Title VI and Section 504 (49 CFR Parts 26,21,and 27.) The FAA periodically conducts routine compliance reviews of the airport sponsors compliance with these regulations. The DBE portion covers the airports responsibilities under both the Airport Improvement Program (AIP) assisted projects and airport concession agreements. The Title VI and Section 504 portions cover the City's responsibility regarding nondiscrimination. Terminal Tile Problems: The original installer plans to repair the tile in front of the Era Aviation counter the.weekend of October 12. Terminal Parking and Sidewalks' Phil Bryson plans to bring information to the November Airport Commission meeting on the proposed changes and modifications to the Terminal parking areas. This will be the first of several public meetings regarding changes in this area. It is our intent to gather as much public commem as feasible prior t° final design work. Fencing and Gates: Airport Manager is working with our consultant, Wince-Corthel-Bryson to develop plans and specifications for fence modifications and installation of electric gates under the FAA grant received last momh for security improvemems. ha/ Municipal Airport 2002 Monthly Enplanements o 1 ~ Series1 6,684 Era 1997-2001 Month 2002 2001 5 yr. Average Jan 7,829 ;3,300 -471 8,076 Feb 7,046 7,137 -91 7,350 Mar 7,371 8,216 -845 8~247 Apr 6,902 7,058 -156 7,148 May 6,880 8,143 -1,263 8~003 Jun 6,740 9,044 -2,304 9,582 Jul 9,979 12,093 -2,114 12~958 Aucj 8,644 10,807 -2,163 11,196 Sep 6,684 6,334 *350 8,343 Oct 7,582 8,356 Nov 7,345 8,004 , Dec 7,494 8~067 Totals 68,075 99,553 KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN ACTIVITY- 2002 OPERATIONS 2002 2001 MAY 94 JUNE 223 JULY 345 AUGUST 233 SEPTEMBER 153 OCTOBER 0 TOTAL TO DATE 1048 0 0 313 243 127 24 707 AUTOMATED FUEL FACILITY mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Month Gallons Total Sale MAY 39 $98 JUNE 788 $1,986 JULY 1,094 $2,757 AUGUST 960 $2,419 SEPTEMBER 390 $983 OCTOBER TOTAL 3,271 $8,243 2001 $386 $1,190 $3,221 $1,565 $1,565 $395 $8,322 , mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm SLIPS LEASED ,mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm PRIVATE 8 COMMERCIAL 0 Rev 8~3~99 Monthly Report For October 16~ 2002 Keith Ko,rnelis, Public Works Mana_~er Pillam LID: Alaska Roadbuilders has finished paving the road and all but one driveway approach. The paving 'crew is out of town but should hopefully return in time to complete the paving soon. 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..Ll.D: The public hearing will be during the council meeting on October 16. Tovon Way LID: The public hearing will be during the council meeting on October 16. Ke.n..ai Coas .tal Trail- The Corps of Engineers is still working on a new scope of work. They are trying to set up a meeting this month. New.Well House 4: The Van Antwerp well site has been cleaned up. We are presently looking at costs for water treatment at the Lawton & Swires location or possibly a new site. Wastewater F. acility Plan (WWFP)' CH2MHiil is continuing to work on this project. The water and sewer rate study is in progress. Brid_cle,Access Road W & S Feasib. ility Study: Wince, Corthell, Bryson is working on this project. It is being paid for by grants. Boatin~ Facility: The Harbor Commission is working on different alternatives for operating the dock. The September and October meetings were very good meetings. They have a recommendation for council, which will be in the minutes of their October meeting. Street Lights' We are working with HEA and Kachemak Electric to repair the streetlights that are out. The Inlet Woods lights are up and we are working with HEA with the power. Safe.ty: The final review of the new Site Specific and General Health & Safety Plans have been completed. I will be having copies made of the new manuals. The departments are working on items from the city safety audit. Grader: The new grader should be here in October. ~ & S: The cathodic protection for our sewer line near the beach has been repaired. I have completed the draft changes to Kenai Municipal Code, KMC- Water & Sewer. We have replaced the pressure sensors at Aliak lift station and cleaned many of the lift stations. The well site on Van Antwerp was cleaned up. Our equipment was winterized or moved inside including pumping the water out of fire hydrants. Dirt was hauled to manholes that needed to be covered. The steel casing for a future water main that the DOT put in crossing Beaver Creek was marked. Streets and Dock: The floats at the dock have been pulled. The Boating Facility has been closed down and is ready for winter. The crew has been grading, sealing cracks, making signs, repairing lawns, sweeping, hauling gravel and dirt, cleaning the yard, building a storage rack for grader cutting edges, hauling trees to Section 36 and junk to the dump. We have been moving equipment and materials to the new airport facility and getting the airport ready for winter. The airport gates have been repaired. The crew has been helping Building Maintenance work on their new area in Warm Storage Building 1. Snow wings, gates, and cuffing edges are being installed on our graders. Catch basins and drainage areas are being cleaned in anticipation for spring breakup. Sewer Tma,,t[n,, ent ,plant, STP The paving at the plant has been completed. We received and are installing the new aeration basin compressor and we are going to rebuild the aeration basin valves. New sprockets and chain were installed on the press. Kenai Police Department Memorandum From: Date: Re' Linda Snow, City Manager Chief Chuck Kopp October 10, 2002 September 2002 Report During September 2002, the Kenai Police Department responded to 596 calls for service. This was a 7% increase over the previous month. The Communications Center received 165 911 emergency calls' 93 police calls, 64 Emergency Medical Services and 8 fire suppression calls. This was a 40% increase in 911 calls from the August total of 98. Kenai Police provided traffic control for the KCHS Homecoming parade. The parade ran smoothly without any safety concerns. The department participated in two 9-11 memorial services and an emergency vehicle procession. Chief Kopp gave a speech during the American Legion sponsored 9-11 memorial service at KCHS. This service was widely attended by City, State, Borough and Federal dignitaries. Officer Neil Paskewitz transferred to the North Slope Borough Department of Public Safety in mid September. Casey Hershberger was hired as his replacement. Casey was sworn in during a ceremony at City Hall on 9-16-02. He is currently in Phase I of the Field Training program. Officer Ben Langham completed his field training and has assumed solo patrol duties. September 18-20, Sergeant Scott McBride and Officer Kelly George attended a Forensic Investigators Seminar in Homer. Officer George rotated from patrol into the Youth Services position. He will be active in Kenai schools teaching the D.A.R.E. program at Mountain View Elementary and at Kenai Middle School. The Motorola radio equipment for the Communications Center upgrade has begun to amve and it is anticipated that the installation work will begin the first week of November. Seasonal Officers Jimmy White and Julie Jenckes have returned to school. They were a valuable asset to the department this summer. · Page 1 KENAI FIRE DEPARTMENT ACTIVITY REPORT TO CITY MANAGER For the period of 9-13/10-10, 2002 Mass Casualty Drill with Central Peninsula General Hospital, Central Emergency Services, Nikiski Fire Dept., FAA, LifeGuard, and various City departments. Proctored 12 Extinguisher tests for Unocal. Four KFD personnel attended the AFCA/ASFA Conference in Fairbanks. Provided Fire Extinguisher training to Williams Express personnel. Provided 3 car seat check ups in conjunction with SafeKids. 1 KFD personnel attended the Paramedic Refresher Course in Soldotna. Asst. Chief Tilly attending the AAAE/AARF seminar in Providence, RI. Fire Prevention Month. KFD provided Prevention Education to Mt. View Elementary. Station tour for Read's Primary School. Provided blood pressure checks to citizens. CITY OF KENA! KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 i 907-283-7926 FAX 907-283-4675 KENAI MEMORANDUM TO: FROM- DATE- Linda Snow', City Manager Robert J. Frates. Parks & Recreation Oirector~ October 10," ~002 Monthly Administrative Report The Parks & Recreation Department has seen a steady increase of users at the Recreation Center tbr the month of September. A total of 2,353 patrons used the Recreation Facility and 1,483 teens visited the Teen Center. Our September Middle School dance was once again well attended with 120 students in attendance. The new weight room equipment recently purchased for the Rec. Center has proven to be ve~ popular. October ice reservations are well above last season's, however, due to a water pump going out in the zamboni, we lost a t~w days of reservations (approximately 12 hours). High School hockey begins October 21st,. with KCHS, Nikiski, and Homer all reserving ice for practices and games. The Director attended the Alaska Recreation and Parks conference, October 2"d through the 5th Association state training Meetings have been ongoing between the Parks & Recreation Department and Boys and Girls Club on matters concerning the Summer Recreation Program, soccer fields, and their Teen Program. Work is being done on finalizing some numbers tbr a new skate park area. One area that has captured some interest is located near the Adult Softball Parking lot. A new Groundskeeper, Micah Rogers, has recently been tfired to replace Terry Bookey who transferred to KFD. CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE' 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: THRU: DATE: SUB J: City Council Lawrence A. Semmens, Finance Director Linda Snow, City Manager October 7, 2002 Monthly Report The council asked about the results of the auction. The total collected was $21,095.88. Significam items included' 1986 Dodge truck $5,500 Loader tires $3,500 '85 Blazer $2,250 '82 Chevy Wagon $1,000 Steam Boiler $1,500 The comract term for audit services with Mikunda Cottrell and Co. was for 5 years ending with the FY02 audit. The City has used the same firm for at least 10 years and we have been well satisfied with both the quality and cost of the work. I am recommending that we extend the comract with Mikunda Cottrell one additional year due to the substantial changes that will occur due to implementation of GASB 34. This change in accounting roles is going to drastically alter the financial report. Since Bill Coghill is very familiar with our system it would be much more efficient to retain him for another year than to solicit requests for proposal and perhaps end up with a new auditor for next year. Dealing with GASB 34 is not going to be a simple matter, and a new auditor would likely complicate the implementation and audit unnecessarily. I am also recommending cominuing the comract with Computer Doctor's for our computer maimenance services. We have been working with the same individuals for about 3 years with satisfactory results. This is a professional services contract that does not require bidding. Computer Doctor's provides services at the rate of $40 per hour, which is an excellent price. The finance departmem will be working on gathering information to implement GASB 34. This project will take until June 2004 to complete and will involve other departments. Linda Snow ,,, From: Ewa Jankowska Sent: Tuesday, October 08, 2002 3'18 PM To' Linda Snow Cc: Kim Howard Subject: September Report September is traditionally one of the slower months in the library world as students and their parents slowly adjust to the demands of a new school year. However, the Kenai Community Library had a small (2.4 %) increase in circulation and issued 332 new library cards. Our gate counter registered 7622 persons visiting the Library during last month. We also conducted a tour of the library for the home school group and enjoyed a day with high school volunteers from the Cook Inlet Academy. Corey Hall and Candy Kopperud, a Youth Services Librarian from Palmer Public Library, are participating in an exchange program funded by a grant from the Alaska State Library. Candy stayed in Kenai for a week and Corey will go to Palmer on October 14. It is a very interesting and valuable program as both participants have an opportunity to learn about new programs, different ideas and new resources. Candy also helped a lot while she was ~n Kenai and actually "worked"in the Library, not just "observed" We all enjoyed her visit very much. We are happy to report that we installed a new microfilm/microfiche reader/printer/scanner. It came with a computer and is attached to our networked printer, but patrons can also scan iter: and either save them to a floppy disk or e-mail them. This multi-purpose equipment was largely financed by ~ne Friends of the Library and through grants from the Totem Tracers genealogy group, the Eagles and Phillips Alaska. 10/8/2002 Kenai Community Libra~ REPORT FOR SEPTEMBER. 2002 CIRCULATION Adult Juvenile Easy Books Fiction 1955 Non-Fiction 1553 Periodicals 53 426 248 1558 315 Cassettes Intemet Access CDs Kits Misc. 212 881 132 14 51 Puzzles 3 Videos 1202 DVD 66 Total Printed Materials .............. 6108 Total Circulation ............................ 8669 WEBPAC Searches ..........................929 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts 3 151 9 Purchases - 118 19 9 20 Total Additions ............................... 338 INTERLIB~Y LOANS Ordered Received Returned Books 20 13 15 INTERLIBRARY LOANS BY OUR LIBRARY ............ 45 INTERNET USE ......... 881 VOLUNTEERS Number .... 16 Total Hours .....187 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,556.87 341.00 111.95 Total Income for September, 2002 ............ $2,009.82 Library Cards Issued September, 2002 Kenai 148 ClamGulch 1 Kasilo f 10 Nikiski 43 Ninilchik 4 Soldotna 46 Sterling 6 Other 74 Total 332 Library Patronage ...... Adult Programs ........ Childrens' Programs... 7,622 Persons 66 Persons 205 Persons MEMORANDUM To: Linda Snow, City Manager ~~~ Rachael S. Craig, Senior Center Directo Date: October 8. 2002 Subject: Monthly Report Total number of days we were open in September: 20 Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals: Total Meals served in September 51 2368 Total Transportation Assisted · Total Unassisted Transportation: 251 272 The Cemer had a total of 891.5 volunteer hours for the month of September. There are 60 seniors on our active waiting list for senior housing an increase of four people since the last report. We have started calling seniors our inactive waiting list. This is the first step in combining the two lists together. So far we have received 40 confirmed yes to stay on the inactive list out of 114 names on the inactive list. We still have over half to contact. We have discovered there are people on the list who have died, moved, or are in another type of facility. We will continue to work on combining both lists into one. The MomMy Wellness Center had 16 clients for monthly weight, blood pressure, draws, and or foot care. blood In September the cemer was rented twice this momh. We held our annual garage sale. This year we combined a garage-bake sale and rented "vendor tables" besides selling hotdogs, chilidogs, and sodas. This was a new endeavor to add the vendor tables. Next year we will have only a spring garage sale and in October have a bazaar, flea market to encourage crafters and other vendors to join us. We will rent out space to the vendors and have a food & bake sale booth. We held our annual "Old Timers" luncheon on Thursday, September 12. Two kitchen staff and one volunteer cooked 194 congregate, 47 home meals, and sent out 12 fi'ozen meals to home bound clients, and we had 10 honor society students that volunteer their time by serving to those who attended. We had volunteer entertainment, and all had a good time. In the evening of September 12, United Way used our facility for the there Kick-Off Campaign. We had a great turnout of people throughout the peninsula. The senior center helped promote the September Seward to Portage Glacier trip on September 14. We had 15 seniors from our center participate on the trip. The Seward Chamber of Commerce were pleased and surprised at the combined efforts to get word out about the trip but the response across the Peninsula of people wanting to participate. Councilwoman, Linda Swarner and Rachael Craig attended a GOAL workshop, sponsored by AHFC, to assist them in applying for the assisted living predevelopment grant. The grant is due on October 14. The activity/volunteer coordinator with our senior volunteers suCcessfully completed the community service Project with the non-profit agency called "Footwear for Families," Wells Fargo Bank, Kenai Rotary Club, and Footstar Meldisco. We distributed 500 pairs of boots to needy children in the Kenai Peninsula school system with the assistance of the school nurses. All who participated were amazed at the much-needed response, and the organization and. smooth process of the project. It was a very worthwhile and needed project. We hope we can participate next year. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-263-3014 ~ MEMORANDUM TO' FROM' DATE' SUBJECT' Linda Snow, City Manager Jack La Shot, Public Works Manage,r~/ October 9, 2002 Department report-Council meeting of October 16, 2002 · A Public Works bid information sheet is attached. · A work session is scheduled for October 23rd to discuss the Comprehensive Plan Implementation section. A public meeting is scheduled for November 19t~ to receive comments on the entire draft plan. · We have re-bid the new dump truck that was previously awarded due to significant exceptions to the bid. We are asking Council to rescind the original resolution awarding the bid, and to pass a new resolution awarding the bid to the same bidder. The new bid meets specifications and is little less money. Building permits have surged the last couple of months. We have issued 106 total permits to date this year compared to 83 at the same time last year. Revenues for the same time period are at $86,500 compared to $49,700. I-- LIJ Z Z n~ n~ (J CiTY OF KEN/ ,, -/ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM:d/~ DATE: RE- Mayor Williams and the Kenai City Council Cary R. Graves, City Attomey October 10, 2002 KMC 1.90.020(b) Commission Duties The Council requested that I research the meaning of KMC 1.90.020(b). That section reads' If the board, commission or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City Council. There is no legislative history that we (Clerk Freas and I) have been able to find to determine the intent of that section. In my opinion, it was designed to cover the situation where a Commission had a budget of its own which it spent. The Planning & Zoning Commission used to have such a budget. It does not mean that a Commission reviews the entire budget of the city department with which it is associated with the City Manager. Please let me know if you have any questions. CRG/sp MEMORANDUM TO: FROM: DATE: RE: MAYOR AND COUNCIL MEMBERS Carol L. Freas, City Clerk~;'~,',~d~-/ -// October 10, 2002 " MEE TING DA TE CHANGES As indicated on the attached calendars, there are meetings in December, 2002 and January, 2003 that fall on holidays. Administration's suggestions are as follows' g § , 2 CANCEL City Council Meetin§ Janual~ 1, 2003 MOVE TO JANUARY 2, 2003 Parks & Recreation Commission January 2, 2003 CANCEL What are council's wishes? Oecember 2002 MEET'J:N6 CALENDAR 2 3 '4 5 Library Commis- COUNCIL MEET-t Parks & Recre- sion, 6p, lNG, 7p, Coun. t afion Commis- Library cil Chambem IcilSi°n'chambem7P' Coun. . 19 10 11 12 Harbor Commis- I Beautification Planning I Airport Commis- sion, 7p, Coun-i Committee, 7p, Zoning Comm- sion, 7p, Coun- cil Chambers Council ission, 7p, cji Chambers D///'/~~' Chambem Council I Chambem ; ' i COUNCIL MEET- lNG, 7p, Coun- ! I tl . cil Chambem ; ;23 24 25 26 27 28 HOMDAYICity Offices Closed ' ~ - ~1' ' II Planning & Zoning Comm- i //~3vv' II issionl : [' i./.,1_. . II Postpone or / , Cancel ' ":30 31 ~ -_-.:..~ .-,~?. -~ ~,~~ ~~~:~,,~-~~. , ¥~~:: .... 17 18 19 20 21 22 23 24 2.,< 26 27 . . . .:' -: ...... ~: ..-,- .-..-~. ? ~,~ ..... : ....... Printe<l by Calenclar Creator Plus on 11/30/2001 ,Tanua y 2003 MEET'J:NG SCHEDULE 1 2 ' 3 4 HOLIDAY/CITY Parks & Recre- r OFFICES ation Commis- December 02 February 03 CLOSED sion, 7p, Coun- S M T W T F S S M T W T F S , ] 2 3 4 5 6 7 I Council Meeting cil Chambers ~ 8 9 I0 Ii 12 13 14 2 3 4 5 6 7 8 MOVED to: Council on 15 16 17 18 19 20 21 9 10 I1 12 13 14 15 Aging, 10a, 22 23 24 25 26 27 28 16 17 18 19 20 21 22 Senior Center 29 30 31 23 24 25 26 27 28 5 6 7 8 9 10 ~ ~,~.,~ 11 Harbor Commis- Library Commis- PLANNING & Airport Commis- sion, 7p, Coun- sion, 6:30p, ZONING COM- sion, 7p, Coun- cji Chambers Library Confer. MISSION, 7p, cil Chambers ence Room Council Chambers 12 13 14 15 16 17 18 Beautification COUNCIL MEET- Committee, 7p, lNG, 7p, Coun- · -- Council cil Chambers Chambers 19 20 21 22 23 24 25 PLANNING & ZONING COM- MISSION, 7p, Council Chambers 26 27 28 29 30 31 Pdntea by Calendar Creator Plus on 10/08/2002 INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 16, 2002 , , e , 10/02 Soldotna Chamber of Commerce, Chamber Connection. KPB proposed Ordinance No. 2002-39, mending numerous provisions of Chapter 5.18, of the Kenai Peninsula Borough Sales Tax code. Draft Topics of Discussion for the Council's Pre-Budget Policy Work Sessions. 9 / 13 / 02 Kenai Kennel Club thank-you letter O¢$ober 2002 Volume 15 ............. T.$$ue 10 Visit us at: www. SoidotnaChamber.com Email us al': info~SoldotnaChamber.com MARK YOUR CALEHDAR ~noi Wine & Bur Xperience .............................. let. 8th Annual Pie Auction ......... SCL12 Alaska boy .............................. ICL Daylight 5avings Time Ends ....................................... let. Don't miss the BIGGEST and BEST event of the year! Mark your calendar for Saturday, October 12, at the Soidotna Sports Center. In keeping with our Hawaiian theme, we will have an authentic luau, including Hawai- .ian music, food, free wine while you dine and leis for all! Come join the fun starting with a no-host bar at 6:00 pm and a delicious sit-down dinner at 6:30 pm. Then the real excitement begins at 7:00 with a fun and fast paced Auction in which 45 delicious pies will be sold. Reserve Your Seats Now, Tickets are going Fast! and our High School Scholarship Fund. If you would like to support the event, please fill out the enclosed donation form. We have also added a new element this year, People's Choice Award" for the best-looking pie! If you are inter- ested in bringing a pie, please confirm before October 8. These pies are not only a delectable treat, but each Check £ollowingtIyer~ and every pie has a secret prize attached to it! This olzt the inserts in thi~----~nemletter! Il year's grand pdze is atdp for two to Hawaiil You can iI Pie Auction "11 sponsoratablethatseats 10foronly$200, orasingle II 'of so,do~, I] seat foronly $20. These tables go fasL so give us a call at 262-9814 to reserve your space today. Thank you ]1 ®?ale Bagley II for supporting your Soldotna Chamber of Comme I ] ®?eclaration of Candidacy Formsll II II . ~: dition to the Winter Rec- h" reation and Travel Show held in Anchorage Sep- ~' tembcr 27, 28 and 29. She .~ handed out over 30 mem- ~~,~~,~I~ ® ~,. bets brochures, lots ofrec- '~ i~..reation guides and maps, :~ t:' ad maps of our local ski First National Bank WIN'TER REC & TRAVEL SHOW Shanon, our Visitor She said she had a great Center Coordinator, has time spreading the word that the Peninsula is a place for all seasons. We would like to thank all those who turned in pic- tures for the booth, and a special thank you to Paul Gray from Exploring Alaska for his help setting up and tearing down the. and snowmobile trails, display. .... .... Board of Directors President · ~Jsa Wimmer ',,',/ells Faro0 £62-4435 Past President !,/like Frost ~.t National Bank Alaska 280-6023 President Elect Barbara Elson Wells Fargo 283-34O3 Vice President 3ena Cunningnam McDonalds 262-2221 Sec reta rytT rea surer Robyn Sullens indiviauai Dan Mortenson :our D Caruet One 262-9181 Paul Gray Ex[~oring Alaska w/Paul Gray £62-9OO8 Betty Obenaorf Individual 262-9890 Tim Pope Natron Air 262-8440 Mike Sweeney Sweeney's Clothing 262-5916 Jim Stogsdill City Council Seat 262-5622 Tom Janz Peninsula Clarion 283-7551 Terry Coval K-WAVE/KPEN-K-BAY/KGTL Radio 283-7423 Staff Executive Director Justine Polzin Visitor Center Coordinator Shanon Hamrick Member Service Manager Erica Williamson Bookkeeper Nita Fena Soldotna Chamber of Commerce Phone 262-9814 Fax 262-3566 River City Pull Tabs 260-6100 ¢¢4 Alaska's SOLDOTNA a'river ci, iii m SEPTEMBER STUDENTS OF THE MONTH Keith Parker, Senior, Sic/view Hi§h School Rile), Kent, Senior, $oidotna Hi§h School Hax Hiiliron, 8th Grade, $oldotna Hiddle School The Soldotna Chamber of Commerce presented these exceptional young people with a certificate ane meal at the Sept. 24 Chamber luncheon. We would like to thank Bob Sizemore for s,~onsoring the Soidotna Chamber of Commerce Student of the Month Program. WWF to Present Arctic Award to Alaska Tour Company The World Wildlife Fund (WWF), the international conservation organiza- tion, presented its pres- tigious WWF "Arctic Award for Linking Tourism and Conservation 2001 to Alaska Wiidland Adventures dur- ing a press event on September 17 in Anchorage. The Award, which includes a 10,000 Swiss Fanc prize, was es- tablished in 1999 by WWF's in- ternational Arctic Program to re- ward arctic tourism with an out- standing commitment to conser- vation. Samantha Smith, Director of WWF's Arctic Program said: "We are delighted to award our 2001 Arc.~c Award to Alaska Wiidland Adventures. They are a superb example of how tourism can work in harmony with conservation. Not only are they innovative and for- ward-looking, but they are also great advocates for nature con- servation and sound tourism practice within their own in- dustry and government." Kirk Hoessle, owner of Alaska Wildland Adventures, is a founding member of the Alaska Wilderness Recreation & Tourism Association (AWRTA) and a current Alaska Travel Industry Asso- ciation (ATIA) Board Director. Alaska Wildland Adventures, througl~ Hoessle's participation and commit- ment, is involved in many tourism in- 'ustry and conservation issues throughout Alaska. Alaska Wildland Adventures, based in Girdwood, Alaska, is a soft adventure ecotourism travel com- pany that operates uniquely, respon- sibly, and exclusively Alaska. Since 1977, AWA has led small groups of travelers on exciting and active na- ture-oriented Safaris through some of Alaska's most beautiful and wild areas. Congratulations AWA! QUOTE OF THE MONTH: "If I'm ever reincar- nated, ~ want to come.. back as the bond mark Then everybody will be · · afraid of me and have to do what ~ say. -fames CarvilIe Here are our New Members for the month of September: Ben Ellis & Company Ben Ellis PO Box 203, Soldotna (907) 862-1189 Business Consultants Big Dog's Alaska Gary & Beverly Lindstrom PO Box 3865, Soldotna (907) 262-7811 Fishing Charters w/Accommodations Kurt Olson 317 Diane Ln, Soldotna (907) 260-4822 Individual Tom Wa~,oner 4040 Primrose Ave., Kenai (907) 283-4930 Individual Special Welcome to ACS-Alaska Communications Systems Affordable Bed & Breakfast AFISHUNT Charters After the Bell - Boys & Girls Club Alaska C & C Stables Alaska Homestead Lodge Daniels Lake Lodge Bed & Breakfast Dan's Alaskan Sportfishing Ventures Diamond M Ranch B & B, Cabins, RV Park DoorsANindows Unlimited, Inc. Dreamcatcher's Photography Alaska Hunting & Fishing Ventures Edgewater R.V. Park Alaska Sealife Center Alaska VVholesale Distributors Alaskan Adventure Connections Alaskan Angler RV Resort Alaska's Kenai River Retreat AK Guided Fishing King's Kitchen Bed & Breakfast Airman, Rogers & Co. CPA Amvets Post No. 4 Canteen Beluga Realty - Soldotna/Kenai Best Western King Salmon Motel & Restaurant Catch Alaska Saltwater Charters Chocolate Moose Bed & Breakfast Clam Gulch Lodge Coca Cola of Kenai Companion Travelers Guides Corporate Express Fish Hut Charters & Lodging For Mother & Child Frontier Business Systems G.C.I. Greatland Graphics' Gulls Landing Bed & Breakfast- Hi-Lo Charters & Riverside. Lodge. Homer Floatplane Lodge Homer Stage Line Inner Peace - Outer Beauty Day Spa Jana House Jeff King's Budget Charters 'ewell, Barbara ,;ob Ready Inc. KDLL 91.9FM/Pickle Hill Public Kenai Peninsula Food Bank, Inc. Kenai River Professional Guides Association Limits "R" US Map Shop, The Milepost, The Moose Hollow Bed & Breakfast Moose Meadow Cabins NBA Insurance Service Niniichik Charters Packaging Store Premier Alaska Tours, Inc. River City Books Richards Kenai & Kasiiof Charters &..Lodging...' Salmon Herder Charters Shawn's Guide Service Sizemore, Bob Soldotna Community Schools Soldotna Equestrian Association, Inc. Soldotna United Methodist Churc Trans Arctic Circle Treks, Ltd. Broadcasting Udelhoven Oiifield System K-WAVE/KPEN/K-BAY/KGTL Radio Services Kenai Peninsula Borough School District United Rentals .2. SULA KPTMC Banquet & Auction Great Success! ! The Kenai Peninsula Tourism Marketing Council held their 11th Annual Banquet & Auction Sep- tember 20. With live music by Bunny Swan-Geese and won- derful food from Issabella's, a great time was had by ail. Several awards were given at the banauet, including the Pioneer Award to Robert Siter, the Fron- tier award to the Kenai Penin- sula Borough, the Special Achievement Award to Star An- swering Service, and the Soldotna Chamber was given the Peninsula Pride Award. Some wonderful items, tours, and travel packages were auc- tioned, including a cruise to the Caribbean. Great job KPTMC! ¥ Visitor Center NumDers: We have already sent out over 5,000h isitor Information Packets this year, and had just shy of 10,000I visitors through our doors in August alone! Whew! ~ Kenai Peninsula Small Business Devlopment Center Upcoming Seminars The purpose of the Small Business Development Center is to provide busi- ness-counseling services to the com- munity. Assistance topics include start- lng a business, financial analysis, cre- ating a financing package, preparing business plans, accounting and record- keeping assistance, market analysis, Quick Marketing On a Shoe String October 3, 2002, 1:00pm to 4:00pm, SBDC Building LLC Programs and Their Uses October 23, 2002, 1:00pm to 4:00pm, SBDC Building Illuminating Your Cash Flow Statements October 24, 2002, 1:00pm to 4:00pm, SBDC Building For mom information please call Lou at (907) 262-7497 and business research. Additionally, a resource library is opened for the small business needing books, ped- odicals and videotapes on business issues. There is a $15 charge for all work- shops. A list of upcoming seminars are as follows: ! I I ~ I I ~;U .... I I I I 1,.,~- o 10 Rea.sons q iThy Businesses Fail By Jeff wuono don't be afraid to tinker. Here, in hopes that a bit of foreknowledge may make a 0ent in the death rate, are the top 10 reasons small businesses fail' 1. Undercapitalization. Money's not only the root of all evil' it may well be the leading cause of small-business failures. Fartoo many small- business owners underestimate how much money they're going to need, not merely to get the business up and running, but also to sustain it as it struggles to gain a commercial foothold. Norman Scarborough, an associate professor of business administration at Presbyterian Col- lege in South Carolina, says, "Once you start out undercapitalized, that can start a downward spiral from which you can never catch up." 2. Bad cash flow. This is the macabre cousin to inadequate capital. Even businesses that move past the embryonic stage often collapse when incom- ing cash doesn't at least offset expenses and other costs. Watch your "bum rate" (a buzzword coined by dot-corn firms, which somehow reveled in how much available cash they were torching). As Scarborough puts it: "When it comes down to it, cash is what really counts" 3. Inadequate planning. Not surprisingly, this is the reason problems like capitalization and bad cash flow happen in the first place. It's critical that you map out as comprehensive a business plan as possible, covering financial issues, marketing, growth and an array of other elements. Granted, it can be time consuming, as a well-prepared plan can take weeks or months to com- plete. "But that's the time to find out an idea may not work," says Scarborough. 4. A competitive edge. Genuinely unique ideas are as rare as honest CEOs these days, but it's still critical that your business gain a toehold in some sort of singular niche that you can exploit. Be it a slightly different product or customer support that goes beyond your competitors; earmark that one element that sets your business apart. 5. Mushy marketing. Your mother knows you're special, but what about your prospective customers? It's essential to develop a marketing strategy not merely to identify who might buy from you, but why. Make certain your -}ting strategy sets you apart so a customer can clearly see why she'd ..... go to you than a competitor. 6. Inadequate flexibility. From stacks of cash to battalions of seasoned employees, every small-business owner knows the advantages a larger competitor bnngs to the game. Well, one thing he can't necessarily do is turn on a dime, something small businesses can exploit. Never forget to remain flexible, if a crocluct isn't quite right or a marketing campaign isn't really flying, 7. Ignoring the next step. Recently, I wrote about a hardware store owner who practically imploded when a clerk volunteered to trim a bolt for me. To be blunt, that's the sort of cavalier disdain you might expect at a larger operation. Don't let it happen at yours. Make sure you and your people emphasize complete customer support, from doing things you don't have to to offering thoughtful, useful advice that goes beyond the ordinary. 8. Forgetting there's no red 'S' on your chest. Entrepreneurs are a smart, resourceful bunch, but running a small business carries its share of hidden kryptonite. Don't try to be all things to your business. If you cringe at the thought of maintaining complete books, don't hesitate to hook up with a good bookkeeper. When a legal issue crops up, don't rely on your home-baked juris doctorate to evaluate the legal ramification. Establish a long-term relationship with an attor- ney; preferably one with small-business acumen. 9. Great boss, mediocre staff. The hardware store incident mentioned ear- lier underscores how a solid business with a knowledgeable, enthusiastic owner can often be brought down by inexpenenced and unmotivated employees. Make certain your employees are well-trained, faidy compensated and somehow share in the fire that bums in your belly. 10. Uncontrolled growth. Ironic as it seems, but a small business that simply succeeds too quickly often pushes itself into an early grave. If your production fails to keep pace with demand or necessary expansion coincides with insuffi- cient cash, the growth you dream about as an entrepreneur can actually threaten your business' very existence. Again,, cover foreseeable growth in your original plan and track it adequately to make certain that it never gets dangerously out of hand. R.J.'s .now has Bird K tes! The look of real birds! R.J.'s Tool Sharpening Sterling Hwy. Soldotna 262-6816 .3- Soldotna Chambe~ of Commerce 44790 Sterling Hwy. Soldotna, AK 99669 PRSRT STD U.S. POSTAGE PAZD SOLDOTNA, AK PERMIT NO. § City of Kenai Mayor John Williams 210 Fidalgo Ave. Kenai, AK 99611 AS Our 7vfix. ion "To provide enhanced success of our membership and serve as a driver in developing $oldotna's future." The Soldotna Chamber Connection is a monthly publication of the Soldotna Cham- ber of Commerce. This publication is sent to members and associated organizations. Call Us! ,14ail Us! Fax Us! Email Us! There are many ways to submit story ideas (or stories themselves): 262-9814 44790 Sterling Hwy. Soldotna, AK 99669 262-3566 infoC~wsoldotnachamber, com REACH AN AUDIENCE I~~HT' IN YOUR OWN BACKYARD " BATES: Business Card Size ' $~ Full Page ~nse~ Only)-One a year is FREE .......... $~ All rates are for one camera-ready advemsement for one issue of the Cha,. Connection. All a~ must be recieved no later than the 15~ of the mon~ preced- ing publica~on. Send vo~ artwork to ~e Cham~er office or call us at 262-9814 tbr more inlbmation~ lee Introduced by: Date: Hearing: Action: Vote: I~NAI PENINS~A BOROUGH ORDINANCE 2002-39 Sales Tax Review Co: 11 / 19/02 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 authority-Request for ruling-Appeal of determination. 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 of appellate procedure governing appeals from administrative agency K'~nai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 318 Ordinance 2002-39 Page I of 11 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 WRITTEN PRESCRIPTION IS ISSUED FROM ONE OF THE FOREGOING;] H..uman health care services provided by, ~d prescription drags, devices, and supplies prescribed for hum_an 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 dayc_are 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, on-manufac~er s warranty, or service. a~eement. The initial purchase of a manufacturer's warranty_, non- manufacturer's warranty, or service agreement 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 by.. the customer through a deductible or other me_arts is not exempt under _this section. .: SECTION 5. That KPB 5.18.200(C) is amended as follows: Co chapter: The following classes of sellers are exempt from the provisions of this o An organization that has obtained a 501(c) exemption taling from the Internal Revenue Service, as long as proof of such rui~ ing is provided to the borough administration; bm only under the lbllow~.:~:g conditions: ae The sales are [NOT LIQUOR SALES OR SALES OF FOOD SOLD THROUGH REGULARLY CONDUCTED RESTAURANT TYPE Ordinance 2002-39 Page 2 of I 1 N.,ew Text Underlined; [DELE'rED TEXT B~.CKETED] · 319 Kenai Peninsula Borough, Alaska OPERATIONS;] part of a casual and isolated fundra~sing 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 ~ non-exempt enti~. bo 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 c~se fall wi_thin 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 rent_al expense, withom markup, then that reimbursement is not a rental or le~se subject to the borough sales tax. F. Services rendered by an employee to his/her employer are not subject to borough sales tax. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 320 Ordinance 2002-39 Page 3 of I 1 SECTION 7. That KPB 5.18.220 is repealed as follows: [5.18.220. EXEMPTIONS/WAIVERS--EXEMPTION FOR INTERMEDIATE SERVICES AND RENTALS.] IA. 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.] lC. 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 [t]_The materials become part of the permanent structure; and . [t]_The materials or services are bought by the owner of a residential or other building, for a specific building project; and . [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~C£IPT] 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: le Immediate cancellation and demand for surrender of the owner builder certificate. Ordinance 2002-39 Page 4 of 11 New Text Underlined; [DELETED TEXT BRACKE'rED] 321 Kenai Peninsula Borough, Alaska e 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 r~XEMPT~ON] certificate. A. In order to receive an exemption from paymem of sales tax under section 5.18.210 [o~ 5.18.220], a seller shall obtain a resale loP, r~TERMEDI^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 remm 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: 1. Immediate cancellation and demand for surrender of the resale certificate. e 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 Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 322 Ordinance 2002-39 Page 5 of I 1 items 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] vending machine shall be treated as an individual sale for application of KPB 5.18.430. [IN GROSS ON A MONTHLY BASIS, WITHOUT REFE~NCE 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 installmem 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. lB. 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 RENDEP~D 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 payrnent for services other than to a tn~st 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 2002-39 Page 6 of I 1 New Text Underlined; [DELETED TEXT BRACKETED] 323 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 fi'action 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 paymem..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 WHEI~ TH~ GOODS ^P,~ D~.t, lV~RED.] .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 omlet at which or from which delivery_ was made. When goods are delivered into the borough from a point outside of the .b. orough and the seller maintains an ongoing r)hvsica! 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 ~s shown below: .. "Nexus" means the seller h~s 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 e...stablish or maintain a market for its goods in the borough. . The "point of delivery" where there is no ongoing physical presence in the borough is the place where physical possession of the goods is transferred to the customer. ,. "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 Kenai PeninsUla Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 324 Ordinance 2002-39 Page 7 of 11 approval in writing, collect the tax based on the office location of the business selling such 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 fimfished 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 [~ ~XCE?T 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. [RETURNS SHALL] the seller may be required to file [riLeD] monthly. When the seller enters into a secured payment agreement with the borough, [R~TURNS SHALL] the seller may be required to file [B~ FILED] monthly, tmtil 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, [I~TURNS] sellers ma>' be allowed to file [FILED] annually. , 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^t~[] may be required to file [ON ^] monthly [s^s~s]. 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 OrdinanCe 2002-39 Page 8 of I 1 New Text Underlined; [DELETED TEXT BRACKETED] 325 Kenai Peninsula Borough, Alaska HISTORY.] [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 sellers sales tax remm filing history in making a determination on the application [, ~UT 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 comext, 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. lB. "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 "moto'r 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. director. "Quarter" means trimonthly period established by the finance l~enai P~ninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 326 Ordinance 2002-39 Page 9 of I 1 [I]H. "Sale" or "retail sale" includes: 1. Every sale or exchange of services; 2. Every rental or lease of personal property; . Every sale of the use or play of a [COIN-OPERATED] vending machine; 4. Installment, credit~ and conditional sales; . Every sale of use or title in tangible personal property, regardless of quantity or price, whether sold by [COIN-OP~P, AT£D] vending machine or otherwise; . 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. . Gaming sales authorized by AS 5.15. [J]I. "Sales price" means consideration paid by the buyer whether money, credit, rights~ 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 fiamished for compensation, including but not limited to' l, Professional services; . Services in which a product or sale or property may be involved, including personal property made to order; . Utilities and mility services not constituting a sale of personal property, including .b...ut not limited to sewer, water, solid waste collection or Ordinance 2002-39 Page 10 of 11 New Text Underlined; [DELETED TEXT BRACKETED] 327 Kenai Peninsula Borough, Alaska disposal, electrical, [AND] telephone services and repair,., natural gas, cable or satellite television, and Intemet services; . The sale of transportation services; Se Services rendered for compensation by any person who fumishes any such services in the course of his trade, business~ or occupation, including all services rendered for commission; o 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 Jn a combination, at an ag~egate price, including, but not limited to guiding, charters, sightseeing tours, 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] 328 Ordinance 2002-39 Page 11 of I 1 MEMORANDUM KENAI PENINSULA BOROUGH FINANCE DEPARTMENT TO: Timothy Navarre, Assembly President Members of the Kenai Peninsula Borough Assembly FROM: Chris Moss, Sales Tax Committee Chair Members of the Sales Tax Committee DATE. September 27, 2002 SUBJECT: Assembly Ordinance 2002-.,g-~' amending numerous provisions of the KPB Chapter 5.18, Sales Tax On November 20, 2001, Assembly President Navarre appointed Chris Moss as chair of a Sales Tax Subcommittee, along with Assembly Members Paul Fischer and Pete Sprague, Jeff Sinz-Finance Director, Troy Tankersley-Sales Tax Supervisor and Colette Thompson- Borough Attorney. Non-committee regular participants included: Craig Chapman- Controller, Terry Eubank-Auditor and DeRay Jones-Auditor. The committee developed and generally followed a work plan, a copy of which is attached. The primary objective of the committee's work was a simpler, more equitable, and more progressive sales tax system. The work plan included meetings with representatives from all five taxing cities located within the borough. The work of the committee began on December 12, 2001, and was concluded on September 4, 2002. Although the cities could attend any committee meeting, all the cities were formally invited for review and input March 18, 2002 and April 4, 2002. The committee found the input provided by the city representatives to be insightful and helpful in analyzing and finalizing revisions to the sales tax code. The committee delayed its work during the period from April 4, ~002 to August 13, 2002, because of the potential impacts of HB303, legislation that could have resulted in the establishment of a statewide sales tax. Mr. Larry Persily, Deputy Commissioner with the Alaska Department of Revenue, attended August 13, 2002 and assisted the committee by providing insight as to future legislative action on a statewide sales tax. Despite the potential for the establishment of a statewide sales tax during the next few years, the committee believes the borough should nevertheless continue to move forward with revisions to the local sales tax code. On September 4, 2002, the sales tax review committee completed its work plan and approved a set of recommended changes to KPB Chapter 5.18. The proposed changes are summarized in the attached sheet and reflected in the attached ordinance. The committee recommends assembly approval of the changes. Attachments 329 Sales Tax Review Committee -) Objective- A simpler, more equitable, and more progressive sales tax system. Membership- Assembly member Chris Moss will chair the committee. Committee members will include assembly members Paul Fischer and Pete Sprague. Jeffrey Sinz - Finance Director, Troy Tankersley-Sales Tax Supervisor, and Colette Thompson - Borough Attorney will represent the administration. Clerical support will be provided by the Clerk's Office. Additional input will be provided by Finance Department personnel with relevant experience, from representatives of organized cities located within the borough, and from others as deemed appropriate by the committee. Tasks and Deliverables- The committee will examine the current sales tax code; identify areas of perceived inequity and/or regression; identify, research and analyze potential revisions to the sales tax code; and, recommend changes to the borough sales tax code deemed appropriate by the committee. The analysis, conclusions, and recommendations of the committee will be documented in a formal report that will be published on or about March 15, 2002. ..Time Frame - The committee plans to complete its analysis and recommendations by March 15, 2002. It is anticipated that implementation of committee recommendations will require adoption of an ordinance changing the borough sales tax code. The ordinance will be introduced at the April 2, 2002 assembly meeting with public hearing scheduled for April 16 and May 5, 2002. Final assembly action is anticipated to occur on May 5, 2002. Work Plan- The following general work plan will facilitate completion of the project as proposed: December 12 Organizational Meeting / Project Scope / Identify Resources January 4 Finalize project Scope / Review Current Sales Tax Code January 18 Identify Specific Areas of Potential Change / Assign Research February 1 February 15 Preliminary Research Reports / Identify Areas for Additional Research Committee Agreement on Areas of Proposed Ct~ange / Final Research Assignments March 1 Work on Draft Committee Report/Draft Ordinance March 15 Finalize Committee Report/Ordinance April 2 Introduce Ordinance / Distribute Committee Report April 16 First Public Hearing on Ordinance May 5 Second Public Hearing/Assembly Action 330 December 11, 2001 - Sales Tax Review Committee CHAPTER 5 . 18 . SALES TAX SUMMARY TABLE OF COMMITTEE APPRO~D RECOMMENDATIONS BRIEF DEscRIPTION' '.I':''.:':'': :i i:ii"i'i'~" IMPACT 5.18.140 Allow the Mayor the authority to determine appropriate application of fees NONE SIMPLIFY To exempt all State licensed medical and psychological service providers and the 5.18.200 A. 2. prescriptions they are allowed to write. Allows new exemption every time a new medical practice is recognized by the state. DECREASE SMALL EQUITY 5.18. 200(A) (17) Provide an exemption for childcare and adult daycare services. Eliminates competition between for-profit and not- for-profit entities. DECREASE EQUITY Provide an exemption for services 5.18. 200 (A) (18) performed under warranties and service agreements. NONE EQUITY 5.18.200 C. 5.18.210 Provide for taxation of non-profits when competing against a for-profit entity. Allow Lodging and meals to be eligible for resale treatment and remove reference to an Intermediate Service Certificate. Sections 5.18.210 & 5.18.220 were combined, thereby eliminating 5.18. 220. INCREASE BUT NATD EQUITY NONE EQUITY SIMPLIFY 5.18.225 5.18.240 To reduce cost of owner builder card and to include services. _. Remove reference to an Intermediate Service Certificate and add an Approval and Compliance requirement to the Resale Card process. NATD REDUCTION EQUITY NONE SIMPLIFY 5.18.400 B. Define the taxability of vending machine sales on a per transaction basis. NONE SIMPLIFY 5.18.420 & 5.18.430 5.18. 430 & 5.18.900 To give direction to the treatment of installment sales and vehicle leases that will comply with current and potential seasonal sales tax rates. .. Tax recreational sales on a per person per day basis. NONE SIMPLIFY .: INCREASE BUT SIMPLIFY NATD 5.18.430 Provide for the taxation of services based on the invoicing practice of the provider. DECREASE BUT NATD EQUITY 5.18.450 Make the po int of sale of goods, the retail outlet from which they were sold. NATD CITIES ZERO BOR EQUITY 5.18.500 Make Quarterly filing the standard and increase flexibility in filing sales tax returns. NONE TIMING OF EQUITY REV REC MORE SIMPLIFY THE ISSUE 5.18.900 Definitions added and/or amended to provide clarity. NONE SIMPLIFY NATD = Not able to determine 331 PRE-BUDGET POLICY WORK SESSIONS October & November 2002 7:00 P.M. Kenai Council Chambers DRAFT TOPICS FOR DISCUSSION le 2. 3. 4. 5. e e 9. 10. 11. 12. 13. 14. 15. 16. City Dock Operations DOTP&F Maintenance Reductions Employee Wages & Benefits Deferred Building Maintenance Capital Improvement Plan · Shop Replacement Library Expansion · Recreation Park · Street Improvements/LID Assessment Allocation · Water/Sewer Projects · Other Revenue: Mill Rate/Sales Tax/Rates, Fees, Charges/Grants, Loans, Bonds General Fund Balanced Budget (Current Revenue =Current Expenses) vs. Supp!ementing Operations Budget with Unrestricted General Fund Reserve. General Fund Balance Minimum Personal Property Tax on Airplanes Senior Housing Rent Increases Status of old Library building (leased to the Historical Society/current day care center) and old Police building (leased to the Art Guild). Borough Sales Tax Code. Acquisition of Borough Land (across from the golf course). VISTA Volunteer for Economic Development position. Unified Water District-preliminary discussion. Donations KENAI KENNEL CLUB September 13, 2002 Kenai Parks and Recreation Division 227 Caviar Street Kenai, AK 99611 Attn: Bob Frates Dear Bob, The Kenai Kennel Club would like to express sincere appreciation and thanks for allowing us to hold our Labor Day Agility trials at the Spruce Street ball fields. The feedback about the facilities and the event from our exhibitors was very positive. They had a good time and enjoyed the location. I was personally very impressed with the preparation of the site by the city grounds crews. I met them as they mowed and cleared the main field on Thursday. They worked very hard and were very courteous. We owe them a big thanks for their efforts. The fast response of the recreation department when the electrical outlets failed on Saturday is to be commended as well. The situation was soon rectified and the show went on. Again, we really want to thank you for all the effort the City of Kenai put out to make this event a success. We hope to continue these trials each Labor Day weekend in the City of Kenai. Sincerely, Marian Bowser Kenai Kennel Club P.O.BOX 2794 · KENAI, AK · 99611 PHONE' 907-260-7721 · FAX' 907-260-7853 MAKE PACKETS COUNCIL PACKET DISTRIBUTZON COUNC:EL MEET'~N6 bATE: Mayor/Council Attorney ,~- Ta¥1o~/Sp~in~e~/Kebschull Clerk /',City Mana~/e~ ,/ Public Wo~ks Police Department / Finance / ~En~linee~ Senior Cente~ // Airport / Kim Library / Po~ks & Recreation /'Clarion Fire Deportment ? Blaine ~ilman AGENDA DISTRIBUTION Sewe~ T~eatment Plant Streets Shop bock Building/Maintenance Animal Control Wate~/$ewe~ Counte~ DELIVER Council Packets to Police Department Dispatch desk. The Clarion & Gilman's Office will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be faxed es soon as possible afte~ Noon on packet d~y. The c~mera-ready agend~ (c'/myfiles/documents/minutes/~gend~ form fo~ paper)is emailed to the Peninsula c~larion (at email Contacts)and a copy is faxed to Denise at the c"/arion also. Home Page documents (agenda, ~esolutions end ordinances for public hearing) ore placed in the Clerk's HTML file or emailed to the Clerk. Place them onto the city's website with F~ont Page f~om the~e os soon os possible.