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HomeMy WebLinkAbout2002-12-04 Council PacketKenai City Council Meeting Packet December 4, 2002 AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B- SCHEDULED PUBLIC COMMENTS (10 minutes) PROCLAMATION: KCHS Cheerleading Squad - State Champions/Spirit Coaches Association State Competition, Small Varsity Division. Xe Jeff Sinz, Kenai Peninsula Borough -- Amendments to Kenai Peninsula Borough Sales Tax Ordinance. . James Carter, Economic Development Council-- Economic Outlook Forum December 6 & 7. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS . Ordinance No. 1978-2002 -- Increasing Estimated Revenues and Appropriations by $203,671 in the Street Improvement Capital Project Fund. e Resolution No. 2002-76 -- Closing the 1974 Debt Service Fund. . Resolution No. 2002-77 -- Closing the Dock Facility Fund. , Resolution No. 2002-78 -- Transferring $8,800 in the Airport Terminal Enterprise Fund for Elevator Equipment. ITEM E: COMMISSION/COMMITTEE REPORTS o Council on Aging 3. 4. 5. 6. 7. ITEM F: , ITEM G: ITEM H: ITEM I: , , , , , , , Airport Commission Harbor Commission Library Commission Parks as Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUTES *Kenai City Council Work Session of November 4, 2002. *Regular Meeting of November 20, 2002. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1979-2002 -- Increasing Estimated Revenues and Appropriations by $195,153 in the General Fund or Transfer to the Debt Service Fund. *Ordinance No. 1980-2002 -- Replacing the Tables Referred to in the Personnel Regulations at KMC 23.55 to Establish a New Salary Structure to Comply with Minimum Wage Requirements. *Ordinance No. 1981-2002-- Increasing Estimated Revenues and Appropriations by $12,223 in the Council on Aging Fund for Purchase of a Vehicle. *Ordinance No. 1982-2002 -- Amending KMC 23.30.050(d) to Allow Management Greater Workforce Scheduling Flexibility by Changing the Normal Work Period to Forty Hours a Week Rather Than "Forty Hours Per Week/Eight Hours Per Day" and Allowing Management More Discretion in Adjusting Operating Hours. Approval-- Special Use Permit/Alaska's Best Travel-- Lease of Airport Terminal Office Space, Space 34A. ITEM J' REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT MAYOR'S REPORT DECEMBER 4~ 2002 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA RE(~UESTED BY: No changes. CONSENT AGENDA No changes. , , MAYOR'S REPORT Letters were sent to area legislators (Chenault, Wagoner, Seaton and Wolf) to invite them to a meeting with council prior to their leaving for Juneau. Dates for the meeting were suggested as: Monday, December 30, 2002 Friday, January 3, 2003 Tuesday, January 7, 2003/~ Council, please check your schedules and let Carol know which of these days will work best for you. In speaking with the Soldotna City Clerk, it was learned four of their seven-member council would prefer holding a joint work session with Kenai City Council in January. Suggested dates are: Monday, January 13 Thursday, January 16~ Monday, January 20.-~. Tuesday, January 21'~ Thursday, January 23¥-~ Monday, January 27 Tuesday, January 28 Wednesday, January 29 Thursday, January 30 A letter will be sent to the Soldotna City Clerk to request her Council to choose three alternate dates from the list above. Let Carol know if you have any preferences. 0 ~- 0 O~ 7777'7 r~ ~  :; >- "' 0 ,~~z~~o ,,:i§¢oO~ ~ > ,.' >. "' ~ m~~mm z ~ ~ ~ <~~~~o ~ ~ z o~o¢§~z ~~o o< , > ,,, ~' X  " z oo n- Z ~) 0 > Z~ ~ <~~~~o ~ ~Z Z~ <~~~~o 030¢8 Introduced by: Date: Hearing: Action: Vote: KENAI PENINS~A BOROUGH ORDINANCE 2002-39 Sales Tax Review Corer 10/08/02 10/22/02, 11/04/02, 11/07/02, 11/19/02 & 12/10/02 AN ORDINANCE AMENDING NUMEROUS PROVISIONS OF I~B CHAPTER 5.18, SALES TAX WHEREAS, KPB 5.18 provides authority for sales tax collection and remittance in the Kenai Peninsula Borough; and WHEREAS, on December 12, 2001, a sales tax review committee was formed to research, review and recommend a simpler, more equitable, more progressive sales tax system; and WHEREAS, after several public meetings, on August 20, 2002, the sales tax review committee voted to recommend numerous code changes to the assembly; and WHEREAS, the assembly finds it is in the best interest of the borough to amend the sales tax code as follows: NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 5.18.140 is amended as follows: 5.18.140. General-Administration enforcement ruling--Appeal of determination. authority-Request for A. The mayor shall have the authority to enforce proper registration, reporting and tax collection requirements imposed in this chapter, including the authority to implement and interpret this chapter, in a manner eonsistem 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 Kenai Peninsula Borough. Alaska New Text Underlined; [DELETED TEXT BRACKETED] 104 Ordinance 2002-39 Page I ofll rules of appellate procedure governing appeals from administrative agency decisions, within 30 days of the date of the determination; otherwise, a challenge or protest of a determination of the mayor or borough administration made under this section or section 250 of this chapter is barred. SECTION 2. That KPB 5.18.200(A)(2) is amended as follows: e [HOSPITAL SERVICES AND MEDICAL SERVICES PERFORMED BY LICENSED MEDICAL DOCTORS, DENTISTS, OSTEOPATHS, OPTOMETRISTS, CHIROPRACTORS, STATE-LICENSED PRIVATE NURSES, SPEECH AND HEARING PATHOLOGISTS, PHYSICAL THERAPISTS, ACUPUNCTURISTS, OCCUPATIONAL THERAPISTS, STATE-LICENSED PSYCHOLOGISTS, PSYCHOLOGICAL ASSOCIATES, STATE-LICENSED MARITAL AND FAMILY THERAPISTS, AND LICENSED CLINICAL SOCIAL WORKERS, AND RETAIL SALES OF MEDICINAL PREPARATIONS, DRUGS OR APPLIANCES FOR WHICH A WRITTEN PRESCRIPTION IS ISSUED FROM ONE OF THE FOREGOING;] Human health care services provided by, and prescription dm~s, devices, and supplies prescribed for human use by, a person licensed-or certified to provide those services or goods, as applicable, under Al~sk.~ Statutes Title 08. SECTION 3. That KPB 5.18.200(A)(17) is added as follows: 17. Childcare and adult dayc~e 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 warranW, non-manufacturer's warrant, or service agreement. The initial purchase of a manufacturer's warranty, non- manufacturer's warranty_, or service a~eement is subject tO tax at the time of purchase but may be included in the initial sales transaction for ap_nlication of KPB 5.18.430. Any portion of a repair paid by the customer through a deductible or other means is not exempt under this section. SECTION 5. That KPB 5.18.200(C) is amended as follows: Co chapter: The following classes of sellers are exempt from the provisions of this le An organization that has obtained a 501(c) exemption ruling from the Internal Revenue Service, as long as proof of such ruling is provided to the borough administration; but only under the following conditions- Ordinance 2002-39 Page 2 of 11 New Text Underlined; [D~t~'IED llDcr BRACKETED] 105 Kenai Peninsula Borough, Alaska a. The sales are [NOT LIQUOR SALES OR SALES OF FOOD SOLD THROUGH REGULARLY CONDUCTED RESTAURANT TYPE O?£P, ATIONS;] part of a casual and isolated fundraising acfivi _ty, 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 activi _ty competes with ~ non-exempt entity_. e b. 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 imermediate 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 milities shall in no c~e fall within this exemption. E. Where personal property_ is rented from a dealer in a taxable transaction and the renter is then directly reimbursed by a third party_ for the exact rental expense, without markup, then that reimbursement is not a rental or lease 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] 106 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.] lB. WHERE PERSONAL PROPERTY IS RENTED FROM A DEALER 1N 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: le [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 o [t]_The building owner obtains an owner builder tax exemption certificate as provided in this section, and' presents the certificate at the time of each sale. B. An owner builder may apply for [A] an owner builder tax exemption certificate, on the form provided by the borough. Upon [RECEIPT] aor~roval of a completed application, and a fee of [$200]$100 per card, the borou~l~ 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: 1. Immediate cancellation and demand for surrender of the o..wner builder Ordinance 2002-39 Page 4 of I 1 New Text Underlined; [DI~-TED TEx'r BRACKET~] 107 Kenai Peninsula Borough, Alaska certificate. 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 EXEMPTION] certificate. A. In order to receive an exemption from payment of sales tax under section 5.18.210 [OR 5.18.220], a seller shall obtain a resale [OR INTEP, MED~^TE SALE EXEMPTION] certificate as provided in this section, and presem 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 [m~CEmT] a_oproval 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 compli_ance with this chapter, the seller is not eligible, for a resale certificate. Full compliance with this section means that a seller does not have an account with a balance due, or does not have a missing or incomplete return outstanding. [CID__. [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 sChedule-Exceptions. price--Tax 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 Kenai Peninsula Borough. Alaska New Text Underlined; [DELETED TEXT BRACKETED] 108 Ordinance 2002-39 Page 5 of ! I to the next highest cent. Each seller shall be furnished the schedule of tax payable on each taxable amount from one cent to one hundred dollars. Any one sale of items separately priced shall be taxed upon the aggregate mount, 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. lIN 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-lnstnliment sales-Tax collected when. When a sale is made on an installment basis, the sales tax shall be collected at the time of the sale, calculated at the sales tax rate in effect at the time of the sale. SECTION 12. That KPB 5.18.430 is amended as follows: The tax shall be applied only to the first $500.00 of each separate sale, rent or service transaction, except as otherwise provided in this section. A. EXcept as provided below for long-term vehicle leases, the payment of rem, whether for real or personal property, in excess of $500.00 and for more than one month, shall be treated as several separate transactions coveting the rental/lease for one month each. [B. A TRANSACTION INVOLVING PAYMENT FOR SERVICES OR PERSONAL PROPERTY TO BE RENDERED OR DELIVERED OVER A PERIOD OF MORE THAN ONE MONTH FOR A CONSIDERATION IN EXCESS OF $500.00 SHALL BE TREATED AS SEVERAL SEPARATE TRANSACTIONS OCCURRING ONE EACH MONTH OVER THE PERIOD OF TIME THAT THE SERVICE OR PROPERTY IS RENDERED OR DELIVERED.] [C]B. Services provided o.n account and billed to the customer on a [MONT~[¥] periodic basis are subject to application of the tax on a maximum of $500.00 of each [MONTHLY] billing, per account. For purposes of this section, any advance payment for services other than to a tmst 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 Ordinance 2002-39 Page 6 of I 1 New Text Underlined; [DELETE~ TEXT BKACKETE~] 109 Kcnai Peninsula Borough, Alaska day basis. E. Long-term vehicle leases shall be treated as one transaction per year, and per fractional year, of the lease term. The tax paid for any fraction of a year shall equal the tax paid for a whole year. The sales tax for the entire long-term vehicle lease shall be due and collected at the time of the first payment. Tax shall be calculated at the sales tax rate in effect on the day the le~se 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 WHERE THE GOODS ARE DELIVERED.] ,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 borough and the seller maintains an ongoing physical presence in the borough, then the location of the seller's in-borough presence will determine the place of sale. If a seller has no ongoing physical presence in the. borough but has established nexus with the borough, the point of delivery_ will determine the place of sale. If the Seller has no ongoing physical presence in, or nexus with, the borough the sale is not subject to the borough sales tax. FOr pu~oses of this section the following terms are defined ~ shown below: o "Nexus" means the seller h_as established a connection within the borough by use of marketing techniques, such as telePhone or door-to- door sales, which are significantly ~ssociated with the seller's ability_ to establish 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 T_ax_. Policy 95-02. copies of which are available in the Finan_ ce Depanm_ ent. 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. Kenai Peninsula Borough. Alaska New Text Underlined; [DELETED TEXT BRACKETED] 110 Ordinance 2002-39 Page 7 of I 1 [B]C. When there is a question or dispute 'over the place where services are rendered, a seller of a service may, after requesting and receiving borough approval in writing, collect the tax based on the office location of the business selling such services. Approval of a request to collect a tax at the seller's office location is completely within the discretion of the borough, and shall not be granted if the borough has already determined that the place of sale for the seller's industry is not the office location. [C]D. The seller is liable for any sales taxes due because of the seller's incorrect determination of the sales tax rate to be applied. SECTION 14. That KPB 5.18.500 is amended as follows: 5.18.500. Returns/records/audit-Returns-Filing required-Filing schedule. A. Every seller is required to file a sales tax return, on forms furnished by the borough, according to the filing schedule established by the borough for that seller, whether or not any sale was made. B. All sellers shall file sales tax returns on a quarterly basis £, EXCEPT AS FOLLOWS:]. The borough may require more or less frequent filing under the following conditions: le For the fn'st 6 months after a sales tax certificate is issued, [RETURNS SHALL] the seller may be reauired to file [HLED] monthly. ,. When the seller enters into a secured payment agreement with the borough, [RETURNS SHALL] the seller may be required to file [a£ HL£D] monthly, until all delinquencies are cured [, ^~D ~OR SIX MONTHS THEREAFTER]. e For accounts that have had less than [$1,000]$6,000 in taxable sales in the preceding twelve (12) months, [m~TURNS] sellers may be allowed to file [Fn, eI)] 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,t,] may be required to file [ON ^] monthly [~^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 ordinance 2002-39 Page 8 of 11 New Text Underlined; [DELETED TEXT BRACKETED] 111 Kenai Peninsula Borough, Alaska NAME THAT DOES NOT AFFECT THE OWNERSHIP, THE SELLER MAY BE PERMITTED TO FILE QUARTEI~,Y, DEPENDING UPON THE SELLER'S SALES TAX RETURN FILING 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 seller's 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 context, the following words and phrases, as used in this chapter, have the following meanings- A. "Buyer" includes persons who axe purchasers of personal property, rental space~ or services. [B. "COIN-OPERATED MACHINE" MEANS A SLOT MACHINE, MARBLE MACHINE, JUKEBOX, MERCHANDISE VENDING MACHINE, LAUNDRY, DRY CLEANING AND ANY OTHER SERVICE-DISPENSING MACHINE OR AMUSEMENT DEVICE OF ANY KIND WHICH REQUIRES THE INSERTION OF A COIN TO MAKE IT OPERATIVE.] [C]B. "Long-term vehicle lease" means a lease of a motor vehicle, as defined below, for a period of twenty-four months or longer. As used herein a "motor vehicle" is a motor vehicle, as defined in AS 28.40.100(12), that is either required to be registered under AS 28.10.011, or is exempted from registration under AS 28.10.011(6) and (11). However, "motor vehicle" does not include either an "off-highway vehicle" as defined in 13 AAC 40.010(30) or a "snowmobile" as defined in 13 AAC 40.010(49). [D]C. "Mayor" or "borough mayor" means the mayor of the Kenai Peninsula Borough or his designee. [E]D. "Nonprofit organization" means an association, corporation, or other organization where no part of the net earnings of the organization inures to the benefit of any member, shareholder~ or other individual. [F]E_. "Office location" means the place in the borough where the seller does business, as determined by the borough. [G]F. "Person" includes individuals and every person recognized in law and every group of persons who act as a unit. Kenai Peninsula Borough. Alaska New Text Underlined; [DELETED TEXT BRACKETED] 112 Ordinance 2002-39 Page 9 of 11 director. "Quarter" means trimonthly period established by the finance [I]H. "Sale" or "retail sale" includes: 1. Every sale. or exchange of services; 2. Every rental or lease of personal property; e Every sale of the use or play of a [COIN-OPERATED] vending machine; . Installmem, 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] v. ending 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. 7. 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 fimfished for compensation, including but not limited to' . Professional services; e Services in which a product or sale or property may be involved, including personal property made to order; ordinan~ ~00~39 Page 10 of 11 New Text Underlined; [DELETED TEXT BRAC~] 113 Kcnai Peninsula Borough, Alaska e Utilities and mility services not constituting a sale of personal property, including but not limited to sewer, water, solid waste collection or disposal, electrical, [AND] telephone services and repair._namral gas, cable or satellite television, and Interact services; o The sale of transportation services; Se Services rendered for compensation by any person who furnishes any such services in the course of his trade, business~ or occupation, including all services rendered for commission; 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 in a combination, at an ag~egate price, including, but not limited to guiding, charters, sightseeing tours, outfitting or equipmem 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 KENM PENINSULA BOROUGH THIS * DAY OF * 2002. ATTEST: Pete Spmgue, Assembly President Linda S. Murphy, Borough Clerk Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 114 Ordinance 2002-39 Page 11 of I 1 .,-- NAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 t . BUSINESS (907) 262-4441 FAX (907)262-1892 e~o MEMORANDUM TO: Pete Sprague, Assembly President Members, Kenai Peninsula Borough Assembly THRU: tgc t3 Dale Bagley, Mayor a:~Jeffi-ey Sinz, Finance Director FROM° :,.~Troy Tankersley, Sales Tax Supervisor DATE: October 24, 2002 DALE BAGLEY MAYOR SUBJECT: Proposed amendment to Ordinance 2002-39, creating a sales tax exemption for the purchase of newspapers Ordinance 2002-39 proposes numerous amendments to KPB Chapter 5.18, which provides for the collection and remittance of sales tax on all retail sales, rents, and services made or rendered within the Kenai Peninsula Borough. Currently, sales taxes are collected on all sales of newspapers provided they are over-the-counter type sales or through a vending machine. Subscriptions are currently exempted under KPB 5.18.200(A)(3). As requested by Assembly Member Betty Glick, following is a proposed amendment to Ordinance 2002-39 that would exempt the sale of all newspapers from sales taxes. This exemption is intended to extend equal treatment to newspaper sales whether by subscription, vending machines, or over-the-counter type sales. The proposed amendment to Ordinance 2002-39 is as follows: · Amend KPB 5.18.200(A)(3) as follows: o Sales of and subscriptions to newspapers, and [S]_.subscriptions to [NEWSPAPERS AND] periodicals. · Amend KPB 5.18.900 by adding subparagraphs (P) and (Q) as follows- P. "Newspaper" means a publication of general circulation bearing a title, issued regularly at stated intervals at a minimum of at least two weeks, and formed of printed paper sheetr without substantial binding. It must be of general interest, containing information of current events. The word does not include publications devoted solely to a specialized field. It shall include school newspapers, regardless of the frequency of the publication, where such newspapers are distributed regularly to a paid subscription list. Q. "Periodical" means any bound publication other than a newspaper that appears at stated intervals, each issue of which contains news or information of general interest to the public, or to some particular organization or ~oup of persons. Each issue must bear _a relationship to prior or subsequent issues with respect to continuity of literary character or similarity of subject matter, and sufficiently similar in style and format to make it evident that it is one of a series. 115 MEMORANDUM I~NAI 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-.~ 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, 2002 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 116 Sales Tax Review Committee Ob|ective- 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 February I Identify Specific Areas of Potential Change / Assign Research Preliminary ResearCh Repons / Identify Areas for Additional Research February 15 Committee Agreement on Areas'~)f Proposed Change / 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 December 11, 2001 - Sales Tax Review Committee 117 CHAPTER 5.18. SALES TAX SUMMARY TABLE OF COMMITTEE APPROVED RECOMMENDATIONS CODE" SECTION 'BRIEF DESCRIPTION .. · IMPACTS ~EASON" 5.18.140 Allow the Mayor the authority to determine appropriate application of fees 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. NONE SIMPLIFY 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 5.18.225 5.18.240 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. 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. INCREASE BUT NATD EQUITY NONE EQUITY SIMPLIFY 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 To give direction to the treatment of installment sales and vehicle leases that will comply with current and potential seasonal sales tax rates. NONE SIMPLIFY 5.18.430 & 5.18.900 5.18.430 Tax recreational sales on a per person per day basis. Provide for the taxation of services based on the invoicing practice of the provider. INCREASE BUT NATD SIMPLIFY 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 5.18.900 Make Quarterly filing the standard and increase flexibility in filing sales tax returns. Definitions added and/or amended to provide clari ry. NONE TIMING OF EQUITY REV REC MORE SIMPLIFY THE ISSUE NONE SIMPLIFY NATD = Not able to determine 118 Carol Freas III 'ent: .~ubject: Jim Carter [jcarter@kpedd.org] Friday, November 22, 2002 12:21 PM EDD 2002 Outlook Forum 2002 Outlook Agenda.doc You ~¢ invited to the 2002 Kenm Peninsul~ Economic Outlook Fo~umH Invitations were sent out via the mail today as well. If you can't attend, please tell your friends and business associates. If you RSVP, we can reserve your lunch both dctysjj Economic Development District To Host Economic Outlook Forum The Kenai Peninsula Economic Development District is proud to host the ZOOZ Kenai Peninsula Economic Outlook Forum, scheduled fo~ F~iday Decembe~ the 6th and Saturday the 7th at the Kenai Peninsula College in 5oldotna. The Outlook Forum is designed to bring residents together to talk about important economic issues and form strategies to sustain and promote the local economy. Last year over 2:00 individuals spent two days listening to community leaders and discussing various industries. Eric E. Wohlforth, Chairman of the Alaska Permanent Fund Corporation, will deliver the Forum's keynote address on Friday, December 6. Mr. Wohlforth will discuss the Corporation's investment strategy as well as the economic implications of future Permanent Fund Dividends on the Alaska Economy. Lunch will be provided for those who RSVP. As part of the annual update of the Kenai Peninsula Borough's Comprehensive Economic Development Strategy ("CEDS") document, Friday afternoon's session will be dedicated to identifying the Visions and Values of our local community. The CED$ is a plan for retaining and creating bette~ paying jobs, fostering a stable and more diversified economy, as well as improving the quality of life on the Peninsula. On Saturday, individuals will break into smaller groups to brainstorm economic needs, opportunities and strategies for specific sectors of the Alaska economy. :ndividual breakout sessions will feature leaders from the tourism, oil & gas, medical, commercial fishing, timber and small business sectors. These sessions are intended to highlight the issues central to development of the economy, like training and education, marketing strategies, and technology. .~Throughout the two-day forum, KPEDD will also be hosting o "Small Business Exhibit". The proprietors or smatl businesses from throughout the Peninsula will be on hand to display their products as well as network with community residents. Sponsors of the event include ConocoPhillips, Homer Electric Association, the Cities of Kenai and 5oldotna and the USDA, Ru~at Development. For information and to reserve space for the Economic Outlook Forum, please call Andrew 5chmahi at Ebb at ?83-3335, ext. 224; or stop by at our office located at Mile 14.5 on the Kenai Spur Highway. The Kenai Peninsula Economic Development District (KPEDD)is a non-profit, Alaska Regional Development O~ganization o~ ARBOR. O~ganized in ~cJ88, KPEDD sePves ~esidents of the Kenai Peninsula Borough by enhancing thei~ quality of life through ~esponsible and sustainable ~egionai economic and wo~kfo~ce development. Fo~ mo~e info~mation on KPEDD, please ~efe~ to www.kpedd.o~g < http: //www. kp edd.o ~g>. <<2002 Outlook Agenda.doc>> bee Gaddis Admin &Acctng Coordinator 907-283-3335, ext. 223 www.kpedd.org Kenai Peninsula Borough Economic Develo~pmen~ District, Inc. Welcome Omlook Forum Attendee December 6~, 2002 Welcome to the Third Annual Economic Outlook Forum! The next two days will provide you the oppommity to talk with and listen to fellow citizens, political leaders, economists, community planners and industry leaders. This forum is designed to bring the residents of the community together with a goal of assessing what have we accomplished, what haven't we accomplished, and what do we want to accomplish. Economic development means different things to different folks. The bottom line is that economic development means the creation and retention of jobs. l~orla'ng Together to Build our Economy Kenai Peninsula Borough - Economic Develo pment District, Inc. Detailed Agenda, Page 1 Friday December 6m 9:15 AM- . [ Register- Continental Breakfa~e City ofKenai- Lobb~--~ 9:45 AM M~_~__~le - Meet old and new friends - Commons 9:45 AM- , 10:00 AM 10:00 AM ' 10'15 AM * 10' 1:5 AM , 11'15 AM , , 12:00PM ~ 12:20 PM 12:50 PM Welcome remarks- Mayor Bagley Introductions: Representative-elect Paul Seaton Opening Remarks- EDD Director Jim Carter Perspectives of each Communities and KPB · John Williams JSF, Mayor Kenai · Jack Cushing, Mayor of Homer · Jerry Willard, Mayor Seldovia · Dave Carey, Mayor of Soldotna Edgar Blatchford, Mayor of Seward · Jack Brown, Business Manager · JeffSinz, Finance Director of KPB · Max Best, Planning Director Native Corporations and Associations, TBA 1:00 PM 1'15 PM 1'15 PM 1:25 PM 1'25 PM 1'40 PM Key Note Speaker- Eric Wohlforth, Chairman, Chairman of the Alaska Permanent Fund Corporation Presentation: Mike Nugent, Manager of Agrium Nitrogen Operations Presentation: Joe Amess, School District I What did we learn at last year's forum? '[_ Why do we have Outlook Forums? What economic and community projects are presently planned and might be planned in the future? What are important issues? How has APFC's investment strategy changed since 9/11, what is the future prospectus and what, if any, will be the economic impact on Alaskans? What is going on at Agrium? "Title of Presentation" Presentation: Brigitta Windish-Cole, Economist with the State of Alaska Department of Labor and Workforce Development 1:40 PM : 2:40 PM Presentation: MaryAnne LeMaitre, Rural Planning Coordinator, RurAL CAP What is Community Planning and why is it important? 2:40 PM 2:50 PM Break- visit the exhibits in room 2:50 PM 5:00 PM Break Out Session- Room #- Lets Define our , Visions - What is our desired future? Break Out Session- Room #- Lets Define our Values - Why do we live here? 5:00 PM 5'15 PM Moderator's Summary of the Visions and Values Sessions and Wrap up- Public Comments Worla'ng Together to Build our Economy Detailed Agenda, Page 2 Saturday December 7· 9:00 AM 9:30 AM Register- Continental Breakfast- Compliments of the City of Soldotna- Lobby Mingle - Meet old and new friends - Commons 9:30 AM 11:30 PM Breakout Break Out Session - Room #- Tourism Do we need a visitor's profile study? To be competitive, do we need a bed tax? Is there demand for a feasibility study to start a Kenai , Peninsula Convention and Visitor's Bureau? 11:30 PM 12:00 PM , 12:00 PM 2:00 PM 2:00 PM 2:15 PM 'Lunch I Breakout Bre~k Ou~ Session - Room #- Oil and Natural Gas - ManufacUmng ! Wh~t is thc health of the industries? Wh~t tissues are concerns to those in the industry? How can we sustain or ~row thc industry? . Break , 2:15 PM 4:15 PM BreakOut Break Out Session- Room #- Small Business Development and Marketing Breakout Break Out Session - Room #- Lumber- Timber 4:15 PM 4:45 Is this a dieing industry? How Breakout Break Out Session - Room #- Commercial Fishing What is the health of the industry? What issues are concerns to those in the industry? How can we sustain or grow the industry? Breakout Break Out Session - Room #- Education and Medical - Collaborating Listen to Case Studies How can the medical industry and our educators collaborate together to develop curriculum, reduce duplications, and increase ' our skilled workforee? Moderator's Summary of the Breakout Sessions and Wrap up- Public Comments Adjournment- Hand in your evaluations Worla'ng Together to Build our Economy 14896 Kenai Spur Highway Suite 1 03A Kenai, AK 99611 2lq Fio/mgo ~v~x Kefl~3/AK 99611 ~ .,.,.:i i* :' :..4 01 Suggested by: Administration City of Kenai ORDINANCE NO. 1978-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $203,671 IN THE STREET IMPROVEMENT CAPITAL PROJECT FUND. WHEREAS, the State of Alaska has offered a Capital Project Matching Grant in the amount of $142,569 for street improvements; and WHEREAS, the City must provide matching funds in the amount of $61,102; and WHEREAS, the General Fund operating budget includes $61,102 for the purpose of matching this grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Street Improvement Capital Proiect Fund Increase Estimated Revenues: State Grant 03-MG-026 Transfer from General Fund $142,569 61,102 $203,671 Increase Appropriations- Administration Engineering Construction $7,000 46,000 150,671 $203,671 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4~ day of December 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (11/15/02) hi Introduced: Adopted: Effective: November 20, 2002 December 4, 2002 December 4, 2002 m _--"'i E= c:m Suggested by: Administration City of Kenai RESOLUTION NO. 2002-76 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CLOSING THE 1974 DEBT SERVICE FUND. WHEREAS, the 2002 Management Letter from Mikunda, Cottrell & Co. recommended that the 1974 Debt Service Fund be closed because all of the debt that this fund was created for has been paid off; and, WHEREAS, the auditors recommend that the remaining receivables balance and the deficit fund balance should be accounted for in the General Fund; and, WHEREAS, the City administration agrees with these recommendations; and, WHEREAS, when foreclosed properties are sold the proceeds will be recorded in the General Fund thereby eliminating the $11,607 deficit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the 1974 Debt Service Fund be closed and all balances be transferred to the General Fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of December, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (11/18/2002) hl Suggested by: Administration City of Kenai RESOLUTION NO. 2002-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CLOSING THE DOCK FACILITY FUND. WHEREAS, it is in the best interest of the City of Kenai to account for the Dock Facility as part of the General Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Dock Facility Fund be closed and all related balances be recorded in the General Fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of December 2002. JOHN J. WILLIAMS, MAYOR ATTEST' Carol L. Freas, City Clerk Approved by Finance' (1 1/19/2002) hl Suggested by: Administration City of Kenai RESOLUTION NO. 2002-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASIC~ TRANSFERRING $8,800 IN THE AIRPORT TERMINAL ENTERPRISE FUND FOR ELEVATOR EQUIPMENT. WHEREAS, the terminal elevator needs certain equipment related to the alarm system upgrade to meet fire code; and, WHEREAS, funds are available in the Contingency Account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Terminal Enterprise Fund From' Contingency $8,800 To: Maintenance and Repair $8,800 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of December 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (11/25/2002) hl COUNCIL ON AGING NOVEMBER 7, 2002 KENAI SENIOR CENTER 10:00 A.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ,, ITEM 3' APPROVAL OF MINUTES -- October 3, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD Jennifer Beckm_ann, CARTS ITEM 5' OLD BUSINESS a. Discussion-- Predevelopment Grant Discussion -- Kenai Senior Center Survey Results ITEM 6: NEW BUSINESS Discussion -- Holiday Meal Price/New Year's Eve Discussion -- November 21, 2002 Senior Connection Meetin§ Speaker ITEM 7: REPORTS Commission Chair Director Council Liaison ITEM 6: OUESTIONS/h COMMENTS ITEM 7' INFORMATION Council Action Agendas of October 2, 2002 and October 16, 2002. ITEM 8: ADJOURNMENT COUNCIL ON AGING NOVEMBER 7, 2002 KENAI SENIOR CENTER 10:00 A.M. MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Chairman Jurgensen called the meeting to order at approximately 10'00 a.m. and the roll was confirmed as follows: Members present: Nelson, Jurgensen, Hollier, Osbom, Jones, Kuntzman Members absent: Huddleston, Wilson, Fields Others present: Councilwoman Swamer, Department Assistant Harris and Adm/nistrative Assistant Isaac ITEM 2: AGENDA APPROVAI, MOTION: Member Osbom MOVED to approve the agenda as presented and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- October 3, 2002 Chairman Jurgensen requested page two of the minutes be changed to reflect the actual dollar amount increase. He stated it is very confusing as it is currently. MOTION: Member Osbom MOVED to approve the minutes as corrected and Member Hollier SECONDED the motion. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4tl. Jennifer Beckmann, CARTS Beckmann presented the Council with a CARTS handout to follow during the presentation made by her assistant. The presentation informed the Commission of the follo~g: · CARTS services all of Kenai, Soldoma, Kasilof and Nikiski. · Among others, the Division of Transportation, the Federal Transit Authority, Medicaid, the City of Soldoma subsidizes CARTS. CARTS has been in service for two years. Rides are door-to-door serving thirteen possible 'zones'. Rides are paid via pre-paid punch cards; each punch is $2.00. CARTS operates from 7am to 7pm on weekdays. Weekend service is for those needing transportation for work purposes only. CARTS would like to operate on a 24-hour basis and is seeking support to do so. Since CARTS reimburses mileage, extra insurance is carried to a liability limit of one million dollars. · CARTS does not provide finger-printing but does conduct criminal background checks prior to employment. · Isaac stated CARTS could be very useful to the Senior Center as current senior van transportation allows for travel between the hours of 9-am to 4-pm. Seniors could access CARTS for more transportation options. The Council thanked Beckmann for the presentation and information. Additionally, Member Osbom congratulated CARTS for organizing and running a transportation alternative. ITEM 5: OLD BUSINESS Discussion -- Predevelopment Grant Isaac reported the predevelopment grant was sent in to AlaSka Housing and news on the grant should be heard by the end of the month. 5b. Discussion -- Kenai Senior Center Survey Results Isaac stated the survey results were compiled and for the most part, all responses were positive. Members discussed the food portions and the following comments were made: A salad on the plate plus an entire salad bar results in too much salad. · Some food seems to have too much salt. Additionally, there seems to be many gravies and sauces which could produce too much fat. · There is too much bread. The Members stated they often feel guilty when too much food is served and half of it ends up being thrown away. The Council suggested offering a self-serve buffet on a regular basis as a way to alleviate the problem of wasted food. Isaac stated she would look into this option. ITEM 6' NEW BUSINESS Discussion -- Holiday Meal Price/New Year's Eve Isaac explained the Senior Center would like to have a large New Year's Eve prime rib meal. Because the meal is much more costly, the price for the meal would be $8.00 per person. COUNCIL ON AGING MEETING NOVEMBER 7, 2002 PAGE 2 The Members stated they would like the meal to be in the evening, possibly around 5:00 p.m., with a sandwich bar arranged for those wanting lunch earlier in the day. MOTION: Member Osbom MOVED to approve a prime rib dinner at a cost of $8.00 per person for New Year's Eve. Member Nelson SECONDED the motion. There were no objections. SO ORDERED. 5b. Discussion -- November 21, 2002 Senior Connection Meeting Speaker The Senior Connection meeting speaker is Martha Tubman and this meeting is open to everyone. ITEM 7: REPORTS 7a. Commission Chair-- No report 7b. Director-- No report 7c. Council Liaison -- Swarner reported the follow/n§: · The rent increase for Senior Housing will be in effect on February 1, 2003. The increase is $60.00. This increase will be evaluated every two years. · Cake and sparkling cider was provided at the last council meeting to congratulate the KCHS.football team, the KCHS cheerleaders, and the 6~h grade first and second place winners of a statewide essay contest. ITEM 6: OUF~TIONS/h COMMENTS -- None ITEM 7: INFO~TION 7ao Council Action Agendas of October 2, 2002 and October 16, 2002. ITEM 8: ADJOURNMENT The meeting adjourned at 11:15 a.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant COUNCIL ON AGING MEETING NOVEMBER 7, 2002 PAGE 3 ITEM 1' ITEM 2' ITEM 3: ITEM 4: ITEM 5: ITEM 6: b. C. ITEM 7: ,, ITEM 8' ITEM 9: ITEM 10: b. ITEM 11' KENAI AIRPORT COMMISSION NOVEMBER 14~ 2002 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA CALL TO ORDER AND ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- October 10, 2002 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion-- New Parking Lot Configuration--Phil Bryson (Wince, Corthel, Bryson) Discussion-- Special Use Permits--Requests for Office Space: Hertz Rent-a-Car Alaska's Best Travel Discussion-- Central Peninsula Air Fair Discussion-- Airport Manager REPORTS Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND QUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION ITEMS Kenai City Council Meeting Action Agendas for October 16, 2002 and November 6, 2002. October 2002 Kenai Municipal Airport Enplanement Report October 2002 Kenai Municipal Airport Float Plane Basin ADJOURNMENT KENAI AIRPORT COMMISSION NOVEMBER 14, 2002 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN HENRY KNACKSTEDT, PRESIDING MINUTES ITEM 1' CALL TO ORDER AND ROLL CALL Chairman Knackstedt called the meeting to order at approximately 7'02 p.m. and the roll was confirmed as follows: Commissioners present: Commissioners absent' Others present: Van Zee, Holloway, Kleidon, Watkins, Knackstedt, Bielefeld Haralson City Clerk Freas, Airport Manager Cronkhite, Council Member Bannock ITEM 2: AGENDA APPROVAL Knackstedt requested Aircraft Flat Tax be added as a discussion item as Item 6-e. MOTION: Commissioner Holloway MOVED to approve the agenda as amended and Commissioner Van Zee SECONDED the motion. There were no objections. ORDERED. SO ITEM 3: APPROVAL OF MINUTES -- October 10, 2002 MOTION: Commissioner Holloway MOVED to approve the minutes of October 10, 2002 as presented and Commissioner Kleidon SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HRAI~D -- None. ITEM 5' OLD BUSINESS-- None ITEM 6: NEW BUSINESS Discussion-- New Parldng Lot Configuration--Phil Bryson (Wince, Corthell, Bryson) Phil Bryson, of Wince-Corthell-Bryson explained his company had been requested to review problems in routing and parking at the airport terminal for automobiles. He handed out parking lot layout drawings as follows' · Existing parking · Existing parking designations with approximate number of stalls available. He noted the long-term parking area sometimes is under stress with the number of vehicles and types of vehicles using the facility; the short-term area did not have those problems; and the rental concession areas are about half assigned (each company has 15 assigned stalls and one company has requested an additional five). · Alternate "A" parking (re-striping option) -- The same driving lane and the same center of stalls was used, however the stalls were widened to alleviate crowding for the larger vehicles. · Alternate "B' parking (re-striping option) -- Areas north of the terminal were modified and larger stalls were incorporated to take care of problems with large trucks with cabs and eight-foot beds. It was noted, it was unknown whether people would use these spaces. · Exis~g parking layout -- included for Commission members to draw out their ideas of parking designs. · Reconstruction Layout ~C' -- A conceptual drawing with larger lanes in the long term area, additional, stalls and re-positioning at the northwest end of the terminal (previously employee parking and permitted parking) which would create a different flow pattern. This drawing would also include two drop-off lanes in front of the terminal. It was noted, the re-striping option would cost approximately $5,000 and the reconstruction option had no estimate at this time. A lengthy discussion followed. Information and a suggested ideas were as follows: · Security cameras will be added on top of the building which will pick up activities in the parking lots. Additional lighting could be advantageous, however the area needing more lighting is toward the current restaurant parking area. · Change the ingress of the lots from the north side of the parking area and change the direction of the stalls to north/south instead of east/west. Combine the short and long-term parking areas and exit from the south. · Consider adding parking areas with plug-ins for employees of the airport- The plug-ins can possibly be billed out to the individual or the company. · Consider including in the short-term parking area spaces for overnight parking with a pay box ($2.00 for one overnight stay). Adding those spaces could alleviate some of the strain on the long-term parking lot for those needing to park for more than one night. Because people like parking close to the front door, it may be difficult to train users not to park smaller vehicles in spaces set aside for large trucks, etc. and visa versa. Enforcement would require additional staff, which is not a current possibility. · Snow removal is a problem with the barricades now in place in the short- term parking area as well as the long-term area. · It is important to keep the permitted parking area close to the terminal as the desire is to cater to them and address their needs. They are a good cash flow to the AIRPORT COMMISSION MEETING NOVEMBER 14, 2002 PAGE 2 · With parking spaces running north/south, ready-return spaces for rental vehicles may be possible. · Parking spaces for restaurant/bar users shoUld remain close to the terminal as parking them further away could be an impact on the restaurant by local users. Designs need to include adequate parking and access for taxis, courtesy vans and 40' buses for possible larger tourist trade. The Commission also discussed the possibility of using the overflow parking area across the street for additional large vehicle parking (recreation vehicles, large trucks, buses, etc.) Also, the use of the now vacant property at the east end of the car rental parking lot was discussed for future needs. Additional comments included' · It is very important to the marketability of the airport to make it available and user-friendly as the highway use by travelers is very. competitive. · FAA parking regulations are fluid and a new version of the 300' rule is in the works, however currently the airport is not subject to the 300' rule. · Additional parking spaces closest to the terminal can be made if the parking spaces are turned east/west. Commission members were requested to draw out any ideas they had in regard to the parking areas and forward them to Cronkhite who will pass them on to Bryson. The consensus of the Commission was they liked Option B with several modifications, i.e. include the concept of the north/south parking, eliminate some of the entrances and exists, remove concrete barricades in the short-term parking area, add some additional lighting toward the restaurant end of the building. Bryson will bring ideas discussed at this meeting to the February meeting for additional review and discussion. Discussion-- Special Use Permits--Requests for Office Space: Hertz Rent-a-Car Alaska's Best Travel Cronkhite explained she had received requests for additional office space from Hertz Rent-a-Car and Alaska's Best Travel. However, between the time the packet was mailed and the meeting, desires had changed and the information included in the packet was no longer appropriate for the requests. She noted, the Hertz request was no longer relative. Cronkhite explained Alaska's Best Travel has requested a Special Use Permit for additional rental space in the terminal. Cronkhite added, she suggested Space 34 which had recently been painted and new carpet installed. Because Alaska's Best AIRPORT COMMISSION MEETING NOVEMBER 14, 2002 PAGE 3 Travel does not need the entire Space 34, she will place a temporary barricade to divide the space into two areas, identifying them as Space 34A and 3413. If it is found more space will be needed by Alaska's Best, the Special Use Permit can be modified. However, it would be unfair to other lessees to allow the use of the whole space for only half the cost. Cronkhite also noted, if another airline moves into the Kenai market, the Permit would be cancelled and the space would be available for the airline's use. MOTION: Commissioner Van Zee MOVED to draw up a special use permit to lease Space 34A to Alaska's Best Travel and Commissioner Holloway SECONDED the motion. There were no objections. SO ORDERED. Discussion-- Centre Peninsula Air Fair Cronkhite reported plans were already being formulated for the next Air Fair and the tentative date was set for May 31 (the weekend after Memorial Day). Because the FAA will be involved in a Centennial Flight event, it is hoped it can be incorporated into the Air Fair. A portion of that event is to honor the first flight into the area and what type of plane and who it was is being investigated. Cronkhite added, whether to incorporate static displays and vendors had been discussed and because the objective of the Fair is to get people to fly to Kenai, it was felt vendors was not a main purpose of the event. Knackstedt noted this year the brealdast will be held at Kenai and the barbecue at the Soldotna airport. Larger aircraft will be on display in Kenai and smaller in Soldotna because of the airports' capacities. The Commission had no objections to the Air Fair date. It was also noted the December meeting would be held at the new SRE building. Discussion-- Airport Manager Cronkhite left the room. Knackstedt explained he requested this item be included on the agenda and noted since Cronkhite had been employed at the City, the Commission was being kept better informed of activities at the airport, had been encouraged to be more involved in the airport through items brought to them during their meetings, etc. He added, he felt Cronkhite was doing a very good job in keeping the Commission informed. Because the Commission had never seen the airport manager job description, he requested it be included in the packet. He noted, the position is two- fold -- everyday management of the airport and marketing of the airport. AIRPORT COMMISSION MEETING NOVEMBER 14, 2002 PAGE 4 Councilman Bannock reminded members the Commission was advisory and that without the City Attorney, City Manager Snow or Cronkhite being present, he was very uncomfortable with the Commission discussing the city's employees as the membership did not have authority to evaluate the airport manager. Knackstedt stated that was not his intention and only wanted to say he thought Cronkhite's involvement with the Commission had helped the Commission do a better job and stay motivated. Van Zee noted it was his understanding Knackstedt wanted to give a vote of confidence to the airport manager. Discussion -- Personal Property/Flat Tax on AirCraft Bannock noted, the city council had discussed the personal property tax on aircraft during their recent work session. During the work session, he suggested a flat tax of $75 for each non-commercial plane. To that end, the city attorney had prepared a draft ordinance to establish the flat tax, which was distributed to the Commission for their review and comment. Bannock explained, unlike eliminating the personal property tax in Kenai, it was his belief a flat tax of $75 would have virtually no impact on the General Fund. Additionally, eliminating the tax would affect the property owners of the city as the deficit that would be created by the elimination of the tax would probably have to be regained by raising proper~ taxes. Cronkhite noted, she believed the fiat tax would be a good idea, though it wouldn't be perfect. She added, it would fight the current perception that Kenai has a huge tax on aircraft and note all the good things has to offer at the airport for only $75. It was suggested it would be a good idea to encourage the Borough to also set a flat tax. MOTION: Commissioner Bielefeld MOVED to approve the draft ordinance providing for a flat personal property tax as written and Commissioner Holloway SECONDED the motion. There were no objections. ~O ORDERED. Van Zee stated he felt it important to pursue a tax incentive for commercial aircraft as well, however it was understood the General Fund would have to be manipulated to fill the deficit it would cause. Cronkhite stated she would investigate incentives offered in other parts of the country to bring businesses to the airport. It was noted, it may be helpful to speak with the Soldoma Airport Commission to this regard. Bannock noted the city and the borough have a mechanism in their economic development powers by which incentives can be offered under special circumstances. ITEM 7: REPORTS Commission Chair -- Knackstedt noted he attended the joint work AIRPORT COMMISSION MEETING NOVEMBER 14, 2002 PAGE 5 session with the council and representatives of ERA Aviation. He added, it was his impression the airport survey would not include an airfare study, but other items would be investigated. He requested the matter be brought back on the next meeting agenda and a copy of the work session notes be included in the meeting packet in order for the issue to move ahead. 7-b. Airport Manager-- Cronkhite reported the following: · Council discussed the off-airport car rental fees during the Airport Commission report at the council's November 6 meeting. The council directed the city attorney to draft an ordinance dealing with a ten percent concession fee for off-airport car rental agencies for review by council, the Commission and the public for comment. A copy of the draft ordinance was distributed to the Commission for review. Asked if council had discussed reviewing other taxes at the airport, i.e. taxi concessions, etc., and Cronkhite reported no, and added, court cases refer to taxis as vehicles-for-hire and the airport could charge a fee over and above those already paid for the city's vehicle-for-hire licenses. · There were several diversions to the airport during the previous week due to fog in Anchorage and all went well. 7-c. City Council Liaison -- Councilman Bannock reviewed actions taken at the November 6 meeting and noted, the council would be holding at least one more policy work session. ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS Commission Watkins questioned what is available for fueling at the float plane basin and Cronkhite noted there is an automated fueling facility at the basin and she is now in negotiations with a local fueling coming to take it over. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD-- None. ITEM 10: INFORMATION ITEMS 10-a. 10-b. 10-¢. Kenai City Council Meeting,Action Agendas for October 16, 2002 and November 6, 2002. October 2002 Kenai Municipal Airport Enplanement Report October 2002 Kenai Municipal Airport Float Plane Basin ITEM 11: ADJOURNMENT MOTION: AIRPORT COMMISSION MEETING NOVEMBER 14, 2002 PAGE 6 Commissioner Holloway MOVED for adjournment and Commission Kleidon SI~CONDI~D the motion. There were no objections. SO ORDI~RI~Do The meeting adjourned at approximately 9'45 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING NOVEMBER 14, 2002 PAGE 7 KENAI HARBOR COMMISSION MEETING NOVEMBER 15, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES --October 7, 20002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/(~UESTIONS ITEM 9: INFORMATION Kenai City Council Action Agendas of October 16 and November 6, 2002. ITEM 10: ADJOURNMENT KENAI HARBOR COMMISSION MEETING NOVEMBER 15, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER & ROLL CALL Chairman Thompson called the meeting to order at 7:00 p.m. confirmed as follows: Roll was taken and Present: Spracher, Barrett, Simon, Thompson Absent: Eldridge, Foster Others Present: Councilman Bookey, Public Works Director Komelis, and Contract Secretary Roper ITEM 2: AGENDA APPROVAL MOTION: Commissioner Spracher MOVED to approve the agenda and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES- October 7, 2002 MOTION: Commissioner Barrett MOVED to approve the minutes as written and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS-- None ITEM 6: NEW BUSINESS-- None ITEM 7' REPORTS Director-- Komelis reported the following: · The coastal trail meeting scheduled for October 29th had been canceled due to the flooding in Homer, etc. Another meeting was not yet scheduled, however, he would continue to push for one. Commissioner Barrett reminded Komelis the Visitors Center was available for that meeting. · A meeting was held at the Kenai River Center and past and future Kenai River projects were the topic of discussion. Dock Foreman -- No report 7-c. City Council Liaison -- Councilman Bookey reported the following: · Chuck Rogers had resigned from the Harbor Commission and the city is seeking his replacement. Bookey stated he would like to see someone appointed who is interested in the coastal trail project as there would be a big push to get that project going. Mayor Williams, Councilwoman Swarner and he had just returned from the AML Conference in Valdez. He noted, more focus would be given to the coastal trail project and another meeting with the Corps will be scheduled. · During the recent policy work session discussion, it was decided the city would maintain the harbor at status quo. Bookey added, Administration is tasked to reduce cost which could entail reduced hours of operation. ITEM 8: COMMISSIONER COMMENTS/OUESTIONS Commissioner Barrett stated Dock Foreman Fredent had some good ideas and thanked him for his efforts. Barrett asked if any consideration was given to charging the dipnetters a fee for using the beach. Bookey stated he thought of the same thing as Copper River has a fee structure. Discussion ensued and it was decided Bookey would do some research by first going to the city attorney to see what the legalities would be ff the city wanted to do something similar. Commissioner Simon reported she was continuing to pursue the Dragnet property issue and had several conversations with Jim Walsh. Simon noted the property is currently under litigation and it may be some time before those issues are resolved. She added, she also had conversation with the city manager regarding the funding. Barrett asked if the "Port of Kenai" sign by Carlisle belongs to the city and Bookey explained the sign was not the city's and gave a brief history of it. Barrett asked if the city could make claim to the name "Port of Kenai' and Bookey replied the dock was not designed to be a port. Commissioner Simon suggested a floatplane ramp at the dock so the Harbor and Airport can combine efforts. Bookey explained the airport already has a floatplane basin. ITEM 9: INFORMATION Kenai City Council Action Agendas of October 16 and November 6, 2002. HARBOR COMMISSION MEETING NOVEMBER 15, 2002 PAGE 2 ITEM 10: ADJOURNMENT MOTION: Commissioner Barrett MOVED to adjourn and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 7'55 p.m. Minutes prepared and transcribe by: Barbara L. Roper, Contract Secretary I-L~RBOR COMMISSION MEETING NOVEMBER 15, 2002 PAGE 3 KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM NOVEMBER 5, 2002 6:00 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- September 3, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: REPORTS a, Director Friends of the Library City Council Liaison ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS Discussion -- Focus of the Library Commission ITEM 8: COMMISSIONER COMMENTS/OUESTIONS ITEM 9: INFORMATION Kenai City Council Action Agendas of October 2 and 16, 2002. Updated Membership List. ITEM 10: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM NOVEMBER 5, 2002 6:00 P.M. CHAIRMAN BOB PETERS, PRESIDING MINUTES ITEM 1' CALL TO ORDER Ih ROLL CALL: Commissioners Present' Commissioners Absent: Others Present' Heus, DeForest, Peters, Brenckle, Rodes, Coon Brown Councilman Moore, Department Assistant Harris ITEM 2: AGENDA APPROVAL: MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- September 3, 2002 The Commission unanimously agreed to postpone approval of the September 3, 2002 minutes as page one of the minutes was inadvertently omitted from the packet. Department Assistant Harris stated a complete copy of the minutes would be in the December meeting packet. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: REPORTS 5-a. Director'-Jankowska reported the following: · She attended the Library directors meeting in Girdwood and learned the library needs performance rights to continue hosting the film club. Jankowksa stated she would look into this further, but the fflrn club is currently on hold. · Corey Hall participated in a library exchange in Palmer and found it educational. · The library qua/ffles for the Gates educational grant. This grant allows only for computers; the library will receive four with matching printers and a separate server. · Jankowska requested the Commission, Friends of the Library, and the public conduct a krisioning meeting' to start a new building plan and focus of the Commission. 5-b. Friends of the Library-- Commissioner Heus reported the following: · The Holiday Open House is scheduled for December 4, 2002 from 4-7p.m. The city has donated $800.00 towards refreshments. · 336 people attended the Friends of the Library dinner. · Writers' Night is March 6. 5-c. City Council Liaison-- Councilman Moore reported the following: · Work sessions have been taking place and several more are planned for · the upcoming weeks. · He fully expects the mill rate to be increased. · A fiat-tax on non-commercial aircraft was discussed and approved. ITEM 6: OLD BUSINESS-- None ITEM 7' NEW BUSINESS Discussion -- Focus of the Library Commission The Commission discussed the roles and focus of the Library Commission and stated since the likelihood of a building addition is slim, the Commission should focus on other areas. The following suggestions were made' · Heus commented the library could look into providing a broader public use of the library. She also suggested the Commission work harder to network among its members to stay informed of various meetings and conferences, which could be useful. · Educate the Commission on state and national library trends to help the commissioners come up with new ideas regarding funding. · DeForest suggested the library apply for a historical preservation grant as the Alaskana section of the library is the largest and most comprehensive on the Peninsula. This could draw more awareness to the library and its needs. · School librarians and others should be invited to commission meetings to network. · Chairman Peters informed the Commission that in several libraries in the Seattle area, a "Teens in the Library" night is held on a regular basis. A planning board comprised of teens arranges the entertainment, lectures, etc. This seems to have become very popular and could be a good method in attracting more teens and others, to the library. The Commission agreed to provide more ideas at the visioning meeting in December. ITEM 8: COMMISSIONER COMMENTS/OUESTIONS Commissioner Heus requested Commissioners email her at heusf&,Easka.net if conferences or programs concerning libraries occur. LIBRARY COMMISSION MEETING NOVEMBER 5, 2002 PAGE 2 Commissioner DeForest stated she is pleased the library will invite patrons to the visioning meeting and feels the Commission could use this as a good learning tool. ITEM 9: INFORMATION Kenai City Council Action Agendas of October 2 and 16, 2002. Updated Membership List. ITEM 10: ADJOURNMENT The meeting adjourned at 7:35 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant LIBRARY COMMISSION MEETING NOVEMBER 5, 2002 PAGE 3 KENAI BEAUTIFICATION COMMITTEE NOVEMBER 12, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS '**AGENDA*** ITEM 1' ITEM 2: ITEM 3: ITEM 4: ITEM 5' ITEM 6- ,, ITEM 7: ITEM 8: ITEM 9: ITEM 10: CALL TO ORDER/~ ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- October 8, 2002 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion -- Christmas Comes to Kenai Discussion -- Summer Flower Beds REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison OUESTIONS AND COMMENTS INFORMATION Parks & Recreation Commission Meeting Minutes of October 3, 2002. City Council Action Agendas of October 2 and 16, 2002. ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE NOVEMBER 12, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS COMMITTEE CO-CHAIR HELEN BROWN, PRESIDING MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Due to a lack of quorum, the meeting was cancelled at 7' 10 p.m. The following were present: Present: Absent: Others Present: Brown, Hett, Rogers Dimmick, Seymour, Nelson, Councilwoman Swarner, Parks & Recreation Director Frates, Department Assistant Harris ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- October 8, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6' NEW BUSINESS Discussion-- Christmas Comes to Kenai Discussion -- Summer Flower Beds ITEM 7: REPORTS Committee Chair Parks/h Recreation Director Kenai City Council Liaison ITEM 8: QUESTIONS AND COMMENTS ITEM 9: INFORMATION Parks/h Recreation Commission Meet/mE Minutes of October 3, 2002. City Council Action AEendas of October 2 and 16, 2002. ITEM 10: AD. JOURNMENT The meeting adjourned at 7:10 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM 199,2 TO' FROM. DATE. RE: Mayor and Council Members Carol L. Freas, City Clerk November 27, 2002 DECEMBER BEAUTIFICATION COMMITTEE MEETING December 10, 2002 The Beautification Committee would like to cancel their regular December meeting. Does council have any objections? KENAI CITY COUNCIL WORK SESSION NOVEMBER 4, 2002 KENAI CITY HALL 7:00 P.M. GROUP "B" TOPICS: REVENUES ~ EXPENSES! GENERAL le 2. 3. 4. 5. 6. 7. 8. Personal property taxes Senior housing rent increases Dock operations Deferred building maintenance Old library and jail status Boys & Girls Club Partnering DOTP&F Maintenance Reductions Maintenance of airport terminal ADDITIONAL INFORMATION: . 10/21 / 02 Work Session Notes KENAI CITY COUNCIL WORK SESSION NOVEMBER 4, 2002 KENAI CITY HALL 7:00 P.M. MAYOR JOHN J. WILL~S, PRESIDING Council Present: Staff Present: Others Present: Williams, Bookey, Bannock, Moore, Porter, Jackman, Swarner Freas, Graves, Snow, Walden, Komelis, Issac, Diorec, Bookey, La Shot, Dye, Craig, Semmens, Frates, Freden, Prior, Kopp J. Spracher, G. Foster and J. Barrett (Harbor Commission members). Williams called the work session to order at approximately 7:01 p.m. He noted the Chamber had met with several city representatives and community members earlier in the day regarding the chance the "City of Lights" event traditionally held the day after Thanksgiving being filmed for a program on the "House & Garden" television network. It was noted there would be need for additional lighting on city buildings and the parade would be expanded. It was questioned why there were not more pole lights toward the east end of town and Parks & Recreation Director Frates explained those poles did not have the necessary transformers required. Williams requested cost investigated for adding transformers to poles at that end of town. GROUP "B" TOPICS: REVENUF_~/h EXPENSES/GENERAL Item 1: Personal property taxes Finance Director Semmens distributed copies of his 10 / 15 / 01 memorandum regarding personal property tax noting a list of assessed values of personal property taxed by the Borough was attached. He also distributed a 11/1/02 memorandum that defined details and potential impacts of changes to the tax on personal property in the city. A lengthy discussion followed with comments including: Kenai, Seldovia and Seward are the only Peninsula cities without an exemption on personal property tax. · Porter stated she was not interested in giving an exemption on just airplanes but wanted to give an exemption to be even with other communities as she felt it would be a selling point for Kenai. · Bookey asked how the loss in revenue of $65,000 with an exemption on aircraft would be recouped. He also stated he felt an exemption should be given for boats and other personal property if it is offered for aircraft. Because the difference in tax received to the city for an exemption on aircraft would be approximately $7,000, he did not feel that type of exemption was worth talking about. · Swarner stated she would prefer, if there is an exemption, it be across the board. · Moore stated, because the only group heard from was from aircraft owners, he was not prepared to do anything with personal property tax. · Bannock agreed and noted, the difference in tax revenue would have to be made up by property owners. COUNCIL WORK SESSION NOVEMBER 4, 2002 PAGE 2 A flat tax was suggested instead of an exemption as it was felt the perception would be more acceptable and because the Airport Commission had requested a flat tax be established, consideration should be given to that suggestion. Council requested the following from Administration: · Attorney Graves to prepare a memorandum defining the legal ramifications of offering an exemption on aircraft. · Finance Director Semmens to prepare a memorandum noting the financial ramifications to offering an exemption on aircraft. · Forward the memoranda to the Airport Commission for review and recommendation. Item 2. Senior housing rent increases Upon review of the information included in the packet of information council's consensus was to go forward with the senior housing rent increases as set forth in the October 29, 2002 memorandum from Senior Center Director Craig to City Manager Snow, i.e. $60.00 increase above the current rent charge for each apartment, plus tax. Porter suggested the rate increases be reviewed bi-annually and council had no objections. Council also agreed with the Senior Center rental increases also included in the October 29 memorandum. Item 3: Dock operations Bookey reported the Commission reviewed the dock funding, etc. very thoroughly and referred to. minutes of several meetings which were included in the packet. The Commission's consensus was noted as' ~...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 dip net parking fees, boat taxes, and fish taxes; and recommend increasing the fees for launching and parking." Comments included: · The ~credit the boating facilities fund..." was figurative and not to be actual funds. · It was suggested the dip net fee could be raised to $50 and use a season pass, which would be easier on public safety employees. · The cost of the user fee has to relate to the cost to the city for the fishery. · Operations could be shortened when the facilities are not as busy. · The ramp cannot be used for cargo. COUNCIL WORK SESSION NOVEMBER 4, 2002 PAGE 3 · Increasing revenues would have to come mostly from boating and parking fees. · Direct Administration to run the dock under its purview w/th through adjustment of fee structures, etc. · There are still problems with the expenditures over revenues. · Fuel sales begin in May and sometimes last through September (as was the case this year). · If the dock is closed, the users would migrate out of Kenai. It is the only boat ramp in the lower fiver. The boats would leave the city and then there would be no personal property tax collected on them. Consensus of council was to direct Administration to blend the dock operations with the rest of the system and efficiently manage it. The Council will worry from where the funds will come. Keep the dock open. Item 4' Deferred building maintenance It was noted, initially $90,000 was included in the budget for building maintenance and was cut back to $40,000 during the last budget sessions. Refemng to a suggestion a building maintenance fund be set up like the equipment fund, Semmens stated he believed it should stay as a normal budget item. Consensus of council: Be sure not to cut the building maintenance amounts from the budget and ensure $90,000 is set aside for maintenance each year. Item 5: Old .librm-y and iai1 status Whether it is the intention of the city to continue to own the buildings and lease them as they are currently was discussed. It was noted the buildings have repairs that will need to be addressed; the buildings are not worth a lot; and each time a maintenance problem arises, the lessees come to council for help as they are non-profits and have little means to address the repairs. Discussion followed whether the buildings could be sold to the non-profits, but the city continue ownership of the property. Consensus of council: City Attorney Graves was requested to investigate the matter and initiate correspondence with the current lessees as to their interest/desire to purchase the buildings. Item 6' Boys & Girls Club Partnering Council reviewed information included in the packet regarding the merging of the teen programs of the city and Boys & Girls Club which was as council had directed. Comments included: COUNCIL WORK SESSION NOVEMBER 4, 2002 PAGE 4 · Over time, this partnering would decrease the amount of city employees at the Recreation Center. · It is the desire of the city to have the Club stay permanently in Kenai. · A Kenai Advisory Group will be established. · City property availability information has been made available to the Club. · The Club wants to stay in Kenai and the city wants them to stay. · The proposed agreement between the city and the Club has been presented to the Club's Board of Directors and they are very supportive. · There will be no new expenses in blending the programs and there is a potential of less cost to the city. It's a win/win situation in which the city has high participation in their teen programs and the Club's is low. It is felt this will be an effective way to offer teen programs for the community. Item 7' DOTP&F Maintenance Reductions ,, , Public Works Manager Komelis referred to a letter from DOT which was included in the packet. He noted, the state will have less people with less equipment to maintain the Spur Highway. It is doubt~l the state will clear any sidewalks, however that was not put in writing. He noted, the state's maintenance of the Spur Highway will not affect the city's winter maintenance program. Item 8: Maintenance of airport terminal Airport Manager Cronkhite explained the recent problems with rain water leaking from the atrium into the terminal. Caulk sealing will be done now and in the spring the caulking will be removed and the area resealed. It was also noted, the problem arises when the wind blows from the north. ADDITIONAL INFORMATION: Item 9' 10 ! 21 ! 02 Work Session Notes The work session adjourned at approximately 9:20 p.m. Notes transcribed and prepared by: Carol L. ?reas, City Clerk AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 20, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B' SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: KPB ASSEMBLY REPRESENTATIVE REPORT ITEM D: PUBLIC HEARINGS . (~rdinance No. 1976-2002 -- Increasing Estimated Revenues and Appropriations by 1t15,105 in the Senior Citizen Borough Grant Fund. . Ordinance No. 1977-2002 -- Increasing Estimated Revenues and Appropriations by $431.76 in the Senior Citizens Tire III Grant Fund for a Mini Grant for Travel. , *Liquor License Transfer-- From Spur Liquor, Inc. d/b/a One Stop Liquors to Amy Bowen, d/b/a One Stop Liquors -- Package Store. ,, *Liquor License Transfer-- From Gary E. & Susan L. Schnelting, d/b/a The Hole-N-One to Kenai Golf Course Card, Inc., d/b/a Kenai Golf Course Caf6 -- Restaurant/Eating Place, Seasonal. *Application for Restaurant Designation Permit -- Kenai Golf Course Caf6, Inc. , *Liquor License Renewal-- L&J Enterprises, Inc., d/b/a Three Bear/Package Store. -1- ITEM E: COMMISSION! COMMI~EE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: MINUTES . ITEM G: *Regular Meeting of November 6, 2002. CORRESPONDENCE ITEM H: OLD BUSINGS ITEM I: NEW BUSINESS , Bills to be Paid, Bills to be Ratified e . Purchase Orders Exceeding $2,500 *Ordinance No. 1978-2002 -- Increasing Estimated Revenues and Appropriations by $203,671 in the 2003 Street Improvement Capital Project Fund. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ,,EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT -2- KENAI CITY COUNCH,- REGULAR MEETING NOVEMBER 20, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'04 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bannock, Jackman, Williams, Bookey, Swamer, Moore, and Porter. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AT: E-5, Parks tk Recreation Commission Report -- Commission application of Kcndra Steiner. ADD TO: K-l, City Manager Report -- 11/20/02 Memorandum regarding Kenai River Bluff Erosion Study-- Project Status. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Councilman Bookey MOVED to approve the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 2 ITEM B. SCHEDULED PUBLIC COMMENTS-- None. ITEM C: KPB ASSEMBLY REPRESENTATIVE REPORT Assemblywoman Betty Glick reported on actions taken by the Assembly at their November 19, 2002 meeting, including the following: · An Arctic Winter Games 2006 brochure with an application for volunteer help is being distributed to help promote the Games to come to the Peninsula. · They discussed their legislative priorities and how the list has expanded over the years. In reviewing the rules and powers of the borough, they decided to go back to the original premise of the compilation of the booklet and will be slimming it down. · Had a commendation resolution for the children in the borough who participation and won placements in the AML "If I were Mayor .... "writing contest. · Let contracts for the Spruce Bark Beetle Program. · Passed a resolution requesting the opening of the DOT station in Ninilchik. · A public hearing was held on their Ordinance No. 2002-39 to amend the provisions of the sales tax code. One additional public hearing will be held on December 10 when the ordinance is up for consideration by the Assembly. She added, an amendment has been made on charges of sales tax on newspapers and lots of testimony had been received on how boat charters are taxed. · An ordinance appropriating $400,000 toward the expansion of the Soldotna facility was passed. · An ordinance was introduced for coastline mapping and modeling from Anchor Point to Kachemak Bay. A resolution was passed transferring the responsibility of the environmental and preliminary phase of the Kenai Spur/North Road Extension. ITEM D: PUBLIC HEARINGS D-Xo Ordinance No. 1976-2002 -- Increasing Estimated Revenues and Appropriations by $5,105 in the Senior Citizen Borough Grant Fund. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1976-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: tr~NAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 3 Bannock Yes ! Bookey Yes Porter Yes daclcman Yes Swarner Yes Williams Yes Moore Yes MOTION PASSED UNANIMOUSLY. D-2. Ordinance No. 1977-2002 -- Increasing Estimated Revenues and Appropriations by $431.76 in the Senior Citizens Title III Grant Fund for a Mini Grant for Travel. MOTION: Councilwoman Swarner MOVED to approve Ordinance No. 1977-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Bannock Booke¥ Porter Yes Jackman Yes Will/ams Yes Swarner Yes Yes Yes Moore Yes MOTION PASSED UNANIMOUSLY. D-3. Liquor License Transfer-- From Spur Liquor, Inc. d/b/a One Stop Liquors to Amy Bowen, d/b/a One Stop Liquors -- Package Store. Approved by consent agenda. Liquor License Transfer-- From Gary E. & Susan L. Schnelting, d/b/a The Hole-N-One to Kenai Golf Course Card, Inc., d/b/a Kenai Golf Course Caf6 -- Restaurant/Eating Place, Seasonal. Approved by consent agenda. Application for Restaurant Designation Permit -- Kenai Golf Course Caf6, Inc. Approved by consent agenda. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 4 Liquor License Renewal -- L//~J Enterprises, Inc., d/b/a Three Bear/Packa§e Store. Approved by consent agenda. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging-- Councilwoman Swamer reported the following: · The Senior Connection received the predevelopment grant for an assisted living facility in Kenai. · Letters were sent to tenants at Vintage Pointe informing them of the upcoming rent increase. It is her understanding some comments have been made but nothing directed to administration. Williams reported he had attended a meeting regarding housing for needy children and families. Because the meeting was well attended by other groups in the area and because there more groups to be contacted, a summit meeting was suggested to be held in the near future. Williams noted he was asked if the city had any property available and he reported the city may be able to help in that regard. He also suggested dames Shill of Central Peninsula Counseling Services be contacted to attend their next meeting and that perhaps a housing facility could be included, as a separate building, in their Residential Treatment Center for Adolescents project. Councilwoman Jackman noted it was her understanding there are grants available for homelessness in connection with drug and alcohol concerns. E-2. Airport Commission -- Councilman Bannock reported he attended the November 14 Commission meeting for Councilwoman Jackman and noted the following: · A lengthy discussion took place regarding airport terminal parking revisions. Several scenarios were presented and the Commission reviewed them, made some suggestions, and the matter will be discussed further in February. · A special Use Permit for Alaska's Best Travel was discussed. The matter will come to council at their next meeting for consideration. The tentative date for the Air Fair was set by the Fair committee for May 30. · An aircraft personal proper~ fiat tax draft ordinance (also included in the council's packet) was reviewed by the Commission and they approved its concept, though the draft was expected to return to the Commission for further discussion. Council discussed the fiat tax ordinance briefly, asking when it might come forward to them for consideration. It was noted, in order for the tax to take effect and in the Borough's collection program, the tax would have to be in place by ,January 1. Due to ~NAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 5 concerns the public might think the council was hurrying the ordinance through and to be sure the ordinance has plenty of review and time to comment, it was decided the ordinance could be held for a later introduction. E-3. Harbor Commission -- Councilman Bookey reported the Commission meeting was held Friday, November 15 at which time the Commission mostly discussed the coastal trail and the amount of fill being placed in Kenai River as a part of the flood reconstruction. Bookey noted, it is a puzzlement to him and others the is being placed without public hearings, studies, etc. which the city has done for the coastal trail. In addition, the latest comments received from the Corps of Engineers (distributed at the beginning of the meeting) suggests further study will need to be done of the information already compiled on the project. Williams recognized the Commission and Bookey's f~stration to this regard and suggested the city contact the congressional delegation through a letter from City Manager Snow which would include an outline of all the efforts the city has taken, as well as money spent, in collecting information, studies, plans, etc. Williams added, he would be traveling to Washington, DC in March and would want to take a package of information with him to distribute to the congressional delegation. He suggested the information include costs, studies, etc., as well as solicited property Owners' letters of concern. Williams and City Manager Snow will write the letter. D-4. Library Commission -- Councilman Moore reported the minutes of the November 5 meeting were included in the packet. He noted a correction needed in the minutes, i.e. the annual open house is scheduled for December 12 and not December 4 as indicated. D-5. Parks/h Recreation Commission -- Councilwoman Porter reported the following: · The ~inutes of the November 7 meeting were included in the packet. · Initiation of a season pass for the ice rink was discussed and approved by the Commission. Discussed the proposed shared teen program between the City and the Boys & Girls Club. · Frank Getty updated the Commission on the placement of a gazebo at the cemetery. · Steve Booth presented the Commission with a landscaping design for Municipal Park. The Commission liked the plan and requested Frates to identify funding to initiate the project. Porter noted the application for placement on the Com__m__/ssion submitted by Kendra Steiner and distributed to council at the beginning of the meeting. Council had no objection to Williams' recommendation for appointments. It was a/so suggested a KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 6 letter be sent to the high school government teacher(s) regarding city commissions and committees on which students could apply for appointment and applications are available on the city's website. F~6. Planning ~ Zoning Commission -- Councilman Bannock reported on actions taken at the November 11 Commission meeting. He also noted the Commission discussed whether to bring forward for public hearing a resolution recommending amendment of the code requirement to send public hearing notices by certified mail.. He noted, the Commission reviewed an opinion from City Attorney Graves who stated there was no role saying the code must require notices sent by certified mail. After discussion, the Commission recommended the certified mailing requirement be eliminated from the code and a public hearing was set on the matter. Council discussed the matter briefly. Though there was difference of opinion of whether the certified mailing should continue, council directed the matter move forward and come to council for consideration. E-?. Miscellaneous Commissions and Committ~s E-Ta. Beautification Committee -- Swamer reported there was no quorum available for the November 12 meeting. E-7b. Kenai Convention/h Visitors Bureau Board -- Bookey reported a meeting was held on Monday, November 18. He noted the Board is planning to hold a strategic planning session and they approved a new three-fold color brochure for distribution. E-7c. Alaska Municipal League Report -- Williams reported he, Councilman Bookey and Councilwoman Swarner attended the AML Conference in Valdez. He, Swamer and Bookey noted the following: · The League would be staying neutral on many subjects in an effort to give the newly elected Governor and staff time to get settled. Discussed gas pipeline ownership and recognized that if the state owns it, language should be developed to authorize municipalities through which the pipeline travels, to be able to collect taxes on it. · Councilwoman Swarner was appointed to the Legislative Land Use and Economic Development Committee. She will participate in a lobbying trip to Juneau in April, as well other meetings. · Two Kenai school children traveled to Valdez to collect their awards for their participation in the AML "If I were Mayor..." writing contest. The City of Kenai received the AML Community Award of Excellence in regard to the Airport Operations Facility. Williams presented the award to Airport Manager Cronkhite and Fire Chief Walden on behalf of the council. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 7 E-7d. Kenai Chamber of Commerce-- No report BREAK TAKEN: 8:27 P.M. BACK TO ORDER: 8:37 P.M. ITEM F: MINUTES F-Xo Regular Meeting of November 6, 2002 -- Approved by consent agenda. ITEM G: CORRES~~ENCE-- None. ITEM H: OLD BUSINESS-- None. ITEM I: NEW BUSEIF.~S I-1o Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey 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: Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. I-3o Ordinance No. 1978-2002 -- Increasing Estimated Revenues and Appropriations by $203,671 in the 2003 Street Improvement Capital Project Fund. Introduced by consent agenda. ITEM J: REPORT OF THE MAYOR -- Williams reported he would be participating in the National Guard ~BossLift' program and would be absent from the December 4 meeting. Vice Mayor Bookey will conduct the December 4 council meeting. ITEM K: ADMINISTRATION REPORTS X-Xo City Manager-- City Manager Snow reported the following items: KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 8 She received a signed conversion releasing the old FAA football field property from Bureau of Outdoor Recreation (BOR) restrictions, assigning that property to the City of Kenai and releasing the city's Birch Island property from the city to the National Parks Service. Williams requested Snow write a letter to Senator Stevens to thank him for his intervention and help in bringing the matter to a conclusion. Snow suggested a letter be written to dim Stratton, Alaska Department of Parks th Outdoor Recreation, for his help in the matter as well. Snow also noted, the other piece of FAA property with environmental difficulties has not yet been deeded to the city. A report has been f~led with the appropriate agencies for review prior to the FAA deeding the property to the city. Noted the correspondence from the Corps of Engineers regarding the bluff erosion project. · Has had informal talks with Attorney Graves regarding city business hours and hours of work. Snow noted council had given directives at policy work sessions to investigate areas of city activities where efficiencies can be gamed. One of those areas identified was changing some areas of the city work force to four-ten work weeks, gaining efficiencies instead of paying overtime. Without objections from council, an ordinance will be brought forward for council's feedback. Swarner, referring to the STIP list included in the packet, asked how points can. be increased for projects. Snow reported she and Public Works Manger Komelis met with DOT and received information to that regard and she would pass it on to Swarner for her review. · Was advised by the Kenai Peninsula Borough Finance Director he would be available to make a presentation at the December 4 council meeting in regard to the amendments being considered by the Assembly to their sales tax ordinance. Council requested the presentation be made. Swarner noted her concerns there are a number of political'and personal issue signs placed and left in the city right-of-ways and asked what could be done to eliminate them. Graves noted political signs, by code, need to be removed within two weeks after an election or can be taken down and the individual can be billed for the cost of removal. Personal issue signs are also allowed by code and he would investigate this issue closer. K-2. Attorney -- City Attorney Graves reported he and Chief Kopp had been reviewing the city's curfew law and in order to bring forward an ordinance to update it, were investigating other curfew laws and how the courts have ruled to this regard. X-3o City Clerk-- No report. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 9 ITEM L: DISCUSSION L-.I. Citizens-- None. L-2. Council Bookey-- No comments. Swarner-- Reminded council of the EDD Economic Forum to be held December 6 and 7 at Kenai Peninsula College. Williams also noted, if any council members were interested in serving on the EDD Board to let him know. Moore -- No comments. Porter-- Noted the following: · She had received questions from a number of constituents who asked if the City of Kenai would be considering a smoking ordinance as was done in Soldoma. She suggested the issue receive preliminary discussion during a January meeting. Asked if council had any objections to offering a ~day off with pal' as a door prize for the employee appreciation dinner. Council had no objections. · Asked if the council would be meeting with the Peninsula Legislators prior to their leaving for Juneau and Clerk Freas was requested to contact the Legislators and find a convenient date. · Asked if there could be mechanisms in place to allow planes diverted to Kenai due to bad weather to be deplaned in a secure area. Airport Manager Cronkhite reported they were working with Transportation Security Administration (TSA) to develop a security program, however every airline has its own security requirements. · Asked that the placement of the sandwich sign in the right-of-way along Willow Street be reviewed. Bannock-- No comments. Jackman -- Noted the following: · She will be attending the Assembly meeting when the dental clinic grant matter comes before them for consideration. · She was asked to be present at the interviews for the hospital administrator and reported the. candidates were very qualified. The person from Elmendorf was hired. · The Kenai hospital clinic offers pre-operation testing, screening, mammography, monitoring, etc. Because many people are unaware of its presence in Kenai, they will be doing more advertising and public promotion. · She spoke with the hospital administrator candidates and they were very interested in the proposed assisted living facility in Kenai. She suggested the new administrator be contacted to this regard. · It has been suggested to her the city should have a representative attending the hospital board meetings. She added, she was very interested in attending the meetings and council had no objections to her doing so and represent the city. KENAI CITY COUNCIL MEETING NOVEMBER 20, 2002 PAGE 10 Councilwoman Porter left the meeting at 9:24 p.m. Williams-- Noted the following: , He sent letters of congratulations to congressional and state Legislators. · He was invited to attend the signing of the Kachemak Pipeline Agreement which he would attend in Anchorage on November 26. · Asked if a date had been set for the joint work session with the Soldotna Council and City Manager Snow reported she was still waiting to hear back from the Soldotna City Manager. EXECUTIVE SESSION- None Scheduled ITEM M: ADJOIrR1TMENT The meeting adjourned at approximately 9:26 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z Z :::3 e~ Z u.I ~0 ~ Z 0 ru 0 0 0 Z >- >- Z ~ 0 0 0 LLI 0 U.i 0 I'-- (.j ~ > uJ 0 0 C) Z Z I..- Z UJ Z 0 0 n,' IJJ U) 0 0 0 o 0 c~ o,',' o o Z m- o o o < < Z < o 0 Z o o ZI-- LI.IZ , W mx >7 z Suggested by: Administration City of Kenai OI~INANCE NO. 1979-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $195,153 IN THE GENERAL FUND FOR TRANSFER TO THE DEBT SERVICE FUND. WHEREAS, the 1984/1986/1993 Special Assessment Debt Service Fund has a deficit fund balance of $195,153 due to non payment of special assessments; and, WHEREAS, the General Fund is the only source of funds to cover this deficit; and, WHEREAS, a large portion of the $195,153 needed to cover this deficit is available due to the sale of Inlet Woods lots. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $195,153 Increase Appropriations: Transfers to other funds $195,153 PASSED BY THE COUNCIL OF THE CITY. OF KENAI, ALASKA, this 18th day of December 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (~ ~ / ~9/9.009.) hl Introduced: Adopted: Effective: December 4, 2002 December 18, 2002 December 18, 2002 Suggested by: Administration City of Kenai ORDINANCE NO. 1980-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE TABLES REFERRED TO IN THE PERSONNEL REGULATIONS AT KMC 23.55 TO ESTABLISH A NEW SALARY STRUCTURE TO COMPLY WITH MINIMUM WAGE REQUIREMENTS. WHEREAS, the State of Alaska has set the minimum wage at $7.15 per hour effective January, 2003; and, WHEREAS, the current salary schedule which was effective July 1, 2000 includes salaries less than the new minimum wage. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.55 is amended by replacing the current salary schedule with the attached 'City of Kenai Salary Schedule". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 184 day of December 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (11/20/2002) hl Introduced: Adopted: Effective: December 4, 2002 December 18, 2002 January 18, 2002 City of Kenai Salary Schedule Range A B C D E F AA BB CC Step 1 14,872 15,244 15,616 15,987 16,359 16,731 17,103 17,475 17,846 1.1 15,591 15,981 16,370 16,760 17,150 17,540 17,930 18,320 18,710 2 16,603 17,018 17,433 17,848 18,263 18,678 19,093 19,508 19,923 2.1 17,486 17,923 18,360 18,797 19,234 19,671 20,108 20,545 20,982 2.2 18,498 18,960 19,423 19,885 20,347 20,809 21,271 21,733 22,195 2.3 19,423 19,909 20,394 20,880 21,366 21,852 22,338 22,824 23,310 2.4 22,697 23,265 23,832 24,399 24,966 25,533 26,100 26,667 27,234 2.5 25,690 26,333 26,975 27,617 28,259 28,901 29,543 30,185 30,827 3 25,862 26,508 27,154 27,800 28,446 29,092 29,738 30,384 31,030 4 27,155 27,834 28,513 29,192 29,872 30,551 31,230 31,909 32,588 5 28,514 29,228 29,941 30,654 31,368 32,081 32,794 33,507 34,221 6 29,942 30,690 31,439 32,187 32,936 33,685 34,433 35,182 35,930 7 31,445 32,231 3:3,017 33,803 34,588 35,374 36,160 36,946 37,732 8 33,030 33,856 34,683 35,509 36,335 37,161 37,987 38,813 39,640 9 34,668 35,535 36,401 37,268 38,134 39,001 39,867 40,734 41,600 1 0 36,392 37,302 38,212 39,122 40,032 40,942 41,852 42,762 43,672 1 1 38,208 39,163 40,119 41,074 42,030 42,986 43,941 44,897 45,852 12 40,135 41,139 42,142 43,145 44,148 45,152 46,155 47,158 48,161 13 42,115 43,168 44,221 45,274 46,327 47,379 48,432 49,485 50,538 14 44,249 45,355 46,462 47,569 48,676 49,782 50,889 51,996 5:3,103 1 5 46,462 47,624 48,785 49,947 51,109 52,270 53,432 54,593 55,755 1 6 48,763 49,981 51,200 52,418 53,637 54,855 56,074 57,292 58,511 17 51,209 52,490 53,770 55,051 56,332 57,612 58,893 60,174 61,454 1 8 53,769 55,113 56,457 57,801 59,145 60,488 61,832 63,176 64,520 19 56,445 57,856 59,267 60,678 62,089 63,500 64,911 66,322 67,733 20 59,293 60,775 62,258 63,740 65,223 66,705 68,188 69,671 71,153 21 62,260 63,816 65,372 66,928 68,484 70,040 71,596 73,152 74,708 22 65,335 66,968 68,602 70,236 71,869 73,503 75,137 76,771 78,404 23 68,611 70,327 72,042 73,758 75,473 77,189 78,904 80,620 82,335 24 72,135 73,938 75,742 77,545 79,348 81,152 82,955 84,759 86,562 JT-4 7.15 Suggested by: Administration City of Kenai ORDINANCE NO. 1981-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $12,223 IN THE COUNCIL ON AGING FUNDS FOR PURCHASE OF A VEHICLE. WHEREAS, the Senior Citizen Program needs a new vehicle and budgeted $20,000 in the Senior Citizen Borough Grant Special Revenue Fund for this purpose; and, WHEREAS, the Senior Connection has agreed to supplement these budgeted funds with up to $10,000; and, WHEREAS, the State of Alaska Commission on Aging has approved a mini grant of $2,223 toward the purchase of a vehicle. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Citizen Borough Grant Special Revenue Fund Increase Estimated Revenues' Donations $10,000 Increase Appropriations: Machinery and Equipment $10,000 Council on Aging- Title III Grant Fund - Transportation Increase Estimated Revenues: State Aging Grant $,2,2~.3 Increase Appropriations: Machinery and Equipment $2,223 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance:~ (11/19/2002) hl Introduced' Adopted: Effective' December 4, 2002 December 18, 2002 December 18, 2002 Suggested by' Administr~ CITY OF KENAI ORDINANCE NO. 1982-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF IZ~NAI, ALASKA, AMENDING KMC 23.30.050(d) TO ALLOW MANAGEMENT GREATER WORKFORCE SCHEDULING FLEXIBILITY BY CI-L~NGING THE NORMAL WORK PERIOD TO FORTY HOURS A WEEK RATHER THAN "FORTY HOURS PER WEEK/EIGHT HOURS PER DAY" AND ALLOWING MANAGEMENT MORE DISCRETION IN ADJUSTING OPERATING HOURS. WHEREAS, KMC 23.30.050(d) states the normal work week for non-police, communications, fire or sewer treatment plant workers is "forty hours per week/eight hours per day"; and WHEREAS, management would like greater flexibility in scheduling workers' hours while still maintaining the normal work week at forty hours; and WHEREAS, KMC 23.30.050(d) allows for changing standard operating hours only in special situations and management desires greater flexibility in managing workers' scheduling to improve service and productivity; and WHEREAS, providing that flexibility requires a change in KMC 23.30.050(d). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.30.050(d) is amended as follows: 23.30.050 Business hours and hours of work. (d) All other employees' normal work week is forty hours[/EIGHT HOURS A DAY], 2,080 hours annually. Standard work day is midnight to midnight succeeding. Standard work week is midnight Sunday to midnight Sunday succeeding. Operating hours may be adjusted [TO MEET SPECIAL SITUATIONS] on timely notice. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of December, 2002. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted' Effective' December 4, 2002 December 18, 2002 January 18, 2003 nal Municipal Airport M MO To: Thru: From: Linda Snow- City Manager Cary Graves- City Attorney Larry Semmens- Finance Director Rebecca Cronkhite - Airport Manager~ Mary Bondurant- Administrative Assistant Date: November 18, 2002 Subject: Alaska's Best Travel- Special Use Permit Dorothy Fischer, owner of Alaska's Best Travel, is requesting additional office space in the airport terminal. She has exprossed an intorest in leasing the front half of Space 34 identified on the attached terminal layout as 34A. This space is approximatoly 129 square feet. Please review the attached Special Use Permit. If you have any questions, please call me. ~__ S__K__A_~_S_ _B___E_._S__T _T_R_AVE'L 305 North Willow =treet, =rote 120' Kena,, Ala-~a ~-~~ Phone (907) 283-7810 · Fax (907) 283-8084 · (800) 545-0844 · Email dottie@alaskasbesttravel.com SPECIAL USE PERMIT DATE: The CITY OF KENAI ("City") for the considerations and pursuant to the conditions and requirements set forth below hereby grants to' Dorothy A. Fischer d/b/a Alaska's Best Travel P.O. Box 3625 Kenai, AK 99611 Hereinafter sometimes referred to as the PERMITTEE, the fight to lease office space at the Kenai Municipal Airport at the location shown as Space 34^ on Exhibit A, which is attached. 1. Term: The term of the Special Use Permit is for 1 year, commencing on the 16th day of December 2002 through the 15th day of December 2003. 2. Rental Payment: The rental specified herein shall be payable as follows: A. Right of entry and occupancy is authorized as the 16th day of December 2002. B. Rental shall be a monthly fee of $212.85 based on $1.65 per square foot for 129 square feet, for the privilege of conducting business authorized herein, plus any applicable tax. C. The payment shall be made to the City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska, or by mailing to the following address: Finance Department, City of Kenai, 210 ?idalgo Avenue, Suite 200, Kenai, Alaska 99611-7794. 3. Use: The use by the PERMITTEE of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. 4. Regulations: The exercise of the use granted herein is at all times to be Subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", issued in 1976 or any Special Use Permit 11/22/2002 Page I of 4 amendments thereto. By signing this Permit, the PERMITTEE acknowledges that he has received a copy of said regulations and has familiadzed himself therewith and will comply with the requirements of said regulations. 5. Solicitation: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above airport lands without the written consent of the CITY, is prohibited. 6. Removal of Property_: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the CITY of the costs of removal plus storage charges of $25.00 per day. e Reassignment/Relocation...; Should it be necessary to reassign PERMITTEE to a different area of the airport terminal, the parties agree as follows' It will be the intention of the CITY to give PERMITTEE as much notice in advance as possible of such reassignment. The costs of relocation, including the costs of moving and setting up counter and related facilities, shall be borne by the PERMITTEE. Should reassignment and relocation be necessary, PERMITTEE shall be provided and afforded equivalent space, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Manager. PERMITTEE agrees to vacate Space 37A should no designated airline office or counter space be available to a requesting air service provider. 8. Risks' PERMITTEE will provide all proper safeguards and shall assume all risks incurred in performing its services hereunder. 9. Hold Harmless' PERMITTEE agrees to save the CITY harmless from all actions, suits, liabilities, or damages resulting from, or arising out of, any acts of commission or omission by the PERMITTEE, his agents, employees, customers, or invitees, or arising from or out of the PERMITTEE's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. 10.Forbearance' Failure to insist upon a strict compliance with the terms, conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. Special Use Permit Page 2 of 4 11 / 18/2002 11.Insurance: The PERMITTEE shall provide proof of insurance coverage on the office space and its contents. Such insurance coverage shall be in an amount satisfactory to the Airport Manager. 12.Area Maintenance' The PERMITTEE shall be solely responsible for the maintenance and cleaning of Space 37A. 13.Disadvantage~i Business Enterprise Participation' PERMITTEE (concessionaire) is required to take all necessary and reasonable steps to foster Disadvantaged Business Enterprise participation in its airport concession activities. A~ This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23, Subpart F. The concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR Part 23, Subpart F. B. The concessionaire agrees to include the above statements in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements. 14.Cancellation: Permits in good standing may be canceled in whole or part at any time upon mutual written agreement by PERMITTEE and the City Council or by the PERMITI'EE upon thirty (30) days PERMITTEE notice. Special Use Permit Page 3 of 4 11 / 18/2002 CITY OF KENAI' By: Linda L. Snow City Manager PERMITTEE: ALAS KA'S B EST TRAVEL By: Dorothy A. Fischer Owner STATE O F ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of November, 2002, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of November 2002, Dorothy A. Fischer, Owner, d/b/a Alaska's Best Travel, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: Special Use Permit Page 4 of 4 11 / 18/2002 Alaska Junior Miss Scholarship p.o. Box 1916 Soldotna, AK 99669 "Emphasis on Education" ~~'. ajm. org Program November 2002 City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Dear Kcnai City Council' ...--' RECEIVED KEr,. AI CITY CLERK The all-volunteer Alaska Junior Miss Scholarship Board would' like to take this opportunity to thank.~rou for your past support of our program. America's Junior M/ss just celebrated its 45~Anmversary and is still the oldest and largest scholarship program for high school scmor girls in the nation. We are sponsored at the national level by HealthSouth Corporation, Unilever, Economic Developmem Partnership of Alabama, Coca-Cola USA, Tyson Foods, Inc., Terminix, and Paine Webber, Inc. We are now planning our 2003 state program, which will be held in Soldoma the week of January 26t~- February l't. Katie Lockwood, Alaska Junior Miss for 2002, will be mistress of ceremomes for the 2003 program on Saturday, February 1st at Soldotna High School Auditorium. Katie was a Poise preliminary winner and took honors as Third Runner-Up at the 2002 National Finals. The next young woman chosen to represent Alaska will travel to Mobile, Alabama, in June of:2003 for a two week all expense paid oppommity to compete for the title of America's Junior Miss and over $100,000 in college scholarships. The final night of competition in Mobile will be broadcast "live" on PAX. Last year you contributed $500.00. May we count on your continued or increased support for this program that recognizes, rewards and encourages excellence among college- bound high school semor girls from across our great state? Please use the enclosed sponsor form to confirm your 2003 scholarship donation. If you have any questions about your donation or the program please do not hesitate to call. Sincerely, State Co-Chairman Dan Pitts Fundraising Chairman . Alaska's Junior Miss Scholarship Program 501©3 EIN #23-7438720 P.O. Box 1916 Soidotna, AK 99669 Phone: (907) 262-5919 Fax: (907) 262-5328 ~vww. ajm. org 2003 SPONSOR LEVELS $ 100.00 $ 250.00 $ 5OO. OO $ 750.00 $1,000.00 Other $ $1,500.00 ~ $2,000. O0 .... $2,500.00 $5,000.00 COmpany Name: Authorized Agent: Contact for Ad material: Address-. City-. State-. i _i i i i i_ i Date: ........ Phone:(._ .) Fax:( ) Email: i - i i i i i i Zip: Note: If you are n..0t including your check when you return this form, please indicate the date prior to May 1, 2003, on which you wish to be billed: . iii i i ii i_ i i We must receive your confirmation by Janu. ary 6.~,,2003 in order to include you in our program book. Please include a business card and/or ad copy with your confirmation. Contact Teresa Gamble if yon have any ad questions at 262-3838 (wk) 260-3819 (bm). KENAI CITY COUNCIL MEETING NOVEMBER 7, 2001 PAGE 2 B-lo Kathy Gensel -- Alaska's Junior Miss Scholarship Program/Request for Donation. Gensel explained she was the fundraising chair of the Alaska Jr. Miss Program on the Kenai Peninsula and noted there would be 18 participants in this year's program to be held at the KCHS auditorium. She added, due to some changes in the program schedule, they would be unable to meet the costs for the auditorium rental and requested a donation from council to help offset their production costs. Gensel noted they had not contacted the Borough or the City of Soldoma for donations. MOTION: Councilwoman Porter MOVED to contribute $250 toward the production costs of the Jr. Miss Program and Councilman Bannock SECONDED the motion. MOTION TO AMEND- Councilman Moore MOVED to contribute $500 toward the costs and urged the City of Soldoma to also donate $500. Councilwoman Jackman SECONDED the motion. Swarner stated she supported the original motion since the item was not included in the Legislative budget. Bookey urged support of the amendment and suggested Gensel to request funding for next year's program during budget preparation. VOTE ON AMENDMENT: By a show of hands, the amendment passed. VOTE ON MAIN AMENDED MOTION: VOTE: Bookey Porter Williams Yes Swarner Yes Moore Yes Yes Bannock Yes Jackman Yes Yes MOTION PASSED UNANIMOUSLY. H-11. Discussion-- Borough Ordinance 2001-29/Planmng Commission Membership. Tim Navarre -- President, Kenai Peninsula Borough Assembly. Navarre reviewed the amended ordinance which was distributed to council and added to the packet at the beginning of the meeting. He explained, the amendments included changing the membership to no more than 13; the cities will be able to make their appointment Susan Elise Wells Kenai Middle School 201 Tinker Lane Kenai, Alaska 99611 "Educational excellence in a caring environment." November 24, 2002 Mayor John Williams Councilmember Linda Swarner Counciimember James Bookey Councilmember Duane Bannock City of Kenai Kenai, Alaska 99611 ?' RECEJVF_. .., Al CITY Dear Mayor Williams and Counciimembers: Thank you so much for your hospitality at the Alaska Municipal League Conference in Valdez. It was so nice to have you take such an interest in all of us, and to take the time to show us around and introduce us to your colleagues. We all felt very honored. Thank you, Mayor Williams for teaching us about Valdez and the pipeline. I can't thank you enough for your invitation to the council meeting and especially for your enthusiasm about our winners. I didn't think anyone could be more proud of them than I, but Ithink you might have one-upped me. Thank you. It's nice to know others see how special our students are. Thank you, Ms Swamer for meeting us at the airport and getting us situated at our hotel. Thank you, Jim for the use of your truck and for trusting me with the keys! Thank you, Duane for going to ERA for the tickets so Lacie and I could go! The girls came home to some catching up in their classes, so I have taken on the task of writing the thanks for them. From their comments to their classmates, this was a very special event for them, one I am sure they will remember positively for the rest of their lives. Sincerely, Susan E. Wells 6th Grade Teacher Kenai Middle School INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 4, 2002 le e , . November 21, 2002 Meeting Agenda and Minutes -- Kenai River Special Management Advisory Board. November 25, 2002 Public Works Department, Project Status Report. 2003 Gaming Permit Application -- Pickle Hill Public Broadcasting 2003 Pull Tab Vendor Registration -- Pickle Hill Public Broadcasting/The Rainbow Bar and Four Royale Parkers. KENAI RIVER ISpecial Management Area "Working together...for the river" Ie II. *** Meeting Agenda*** CALL TO ORDER Thursday, November 21, 2002 7:00 p.m. Kenai River Center A. Roll Call B. Approval of 10/24/02 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS A. Welcome New Board Members IV. g~ OLD B US INESS A. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Jim S tratton, DPOR Director B. Kenai River Center Update, Suzanne Fisler PUBLIC COMMENT Vie ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Ama Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD lo II. III. Thursday, October 24, 2002 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call Present' Lance Trasky, Ted Wellman, Robin West, Chris Degemes, Dave Westerman, Tim Navarre, Brett Huber, Jim Golden, Jonne Slemons, Linda Snow, Rick Wood, Paul Shadura. Members Absent: Joe Connors, Bill Shuster, Charles Quarre. B. Approval of 9/19/02 minutes. The minutes were approved as written. C. Agenda Changes and Approval. PUBLIC COMMENT President Ted Wellman asked for public comment on any subjects except the Moratorium. It was decided that public comment on the guide permit moratorium would begin directly after Director S tratton's presentation. Sam McDowell handed out to the board members a sheet on Historical harvest of Cook Inlet Salmon in numbers of fish and by species. He stated it is time for somebody to put habitat first, resources second and users third, to build the runs back up. Floyd Heimbuch said we need to put the reso ,urce first, habitat second and the user groups third. NEW BUSINESS A. Kenai River Water Quality Report, Robert Ruffner, KWF Robert gave a power point presentation updating the board on some of the water quality monitoring results from this past summer. He discussed the importance of citizen monitoring efforts in the watershed. A local resident doing water quality monitoring discovered a 15 gallon oil spill at Soldotna Creek. They were able to get 10 gallons out and one barrel was empty. He pointed out that this kind of stuff is still happening... He then talked about the partnerships that assist KWF with monitoring the watersheds of the Kenai. Robert also gave a brief history of the Kenai Watershed Forum. He then presented the board with the different kinds of sampling they have been doing on the Kenai River. The parameters that are sampled for include' Metals (9 different kinds), Hydrocarbons, Nutrients (Nitrates and Total Phosphorus) and Fecal Coliform. 20 sites on the main stem of the Kenai River and tributaries are sampled twice per year. After 2 years of sampling there was concern about fecal coliform being elevated at several specific locations and mostly during spring runoff. Total phosphorus was high at the lower reaches of the river, which he said was a spring and summer issue. Dissolved metals were a mostly a spring runoff issue. Hydrocarbons were mostly a summer issue. Robert reviewed a graph of the hydrocarbon findings from the 2001 field season, with no hydrocarbons noted in the early spring, but detected during the July sampling. This year they tried to isolate some of the potential variables where the hydrocarbons might be coming from. Some extra sampling was focused on the lower fiver. 15 samples were taken from three sites this summer. BTEX (gasoline range hydrocarbon compounds) concentrations were highest at the Kenai City dock. Robert cautioned that this data is preliminary and will need to be peer reviewed and published. Robert recommended that the Water Quality Framework group be reconvened so that we can evaluate progress and determine needs. He said a boundary should be established so we don't study an issue to death. Robert then answered some questions from the board members. Jonne Slemons said DEC would be happy to take a more active role. She said grants are usually available for water quality type work. She said it serves the purposes of DEC greatly to have a goup like KWF doing these water quality studies. Robert requested that the board write a positive letter to DEC for their support in helping with this project. Chris Degemes made the motion for the board to write a letter thanking DEC and all the partners for their support. The second part of the letter would be to ask for assistance in leading the effort to reevaluate the Water Quality Framework. Brett seconded the motion. Brett suggested that additional support could also be requested in the letter. Motion carried with no opposition. Kenai River Special Management Area Advisory Board Minutes - October 24, 2002 Page 2 of 9 B. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Jim Stratton, DPOR Director Ted asked that the board not make a decision at this meeting regarding the moratorium to allow for sufficient public input on this issue. He said public testimony would need to be taken at the next meeting. Director Stratton gave a brief recap of DNR Commissioner Pat Pourchot's request to the KRSMA Board related to a moratorium on issuing new guide permits for the Kenai River. He assured the group that the department was not proposing guide limits tonight, but is interested in feed back on whether we do need to limit guide numbers, and how do we conduct the public discussion? He said the concept of limiting guides is not new. He then reviewed the history of the Kenai River Special Management Area. DPOR tried to limit guides in 1991. At that time there was discussion on using a point system that was largely based on how many years experience a guide had on the fiver. But the process failed when the Department of Law issued an opinion stating grandfathering was unconstitutional. The opinion stated that if justification could be found to limit guides, only a couple of legal options were available, including a lottery or concession contract bid process. The Dept. of Law also stated there had not been shown that empirical evidence existed that justified limiting guides, while not limiting the general public. In 1992 DPOR conducted the Kenai River Carrying Capacity Study, which indicated strong public support for guide limitations. Then in 1996/97 the Board was very active in updating the Kenai River Comprehensive Management Plan. The subject of limiting guides was one of the most commonly heard recommendations from the public. During this past summer, building on the 92 Carrying Capacity study, DPOR conducted a similar monitoring project, focusing a survey on lower fiver boaters. The public continues to perceive there is overcrowding on the fiver, and most of the public feels this overcrowding is attributed to guides. DPOR feels the time is fight to discuss a program to limit guides. That brings the big question: how do you do this? A lottery and concession would not be popular among guides since it would not guarantee long time businesses any assurances of continuing. The State asked the AG's office to take a look at the limited entry constitutional amendment to see if we could use that vehicle to put a limit on the guides. There is encouragement from the AG's office that we could use this amendment. It will take more legal research. However, while this is happening, a cap may be put on the number of people that are guiding fight now. That's where the moratorium concept comes in. This would preserve the existing new guides without adding any new guides for 2003. Director Stratton said his request to the KRSMA Board is for comments Kenai River Special Management Area Advisory Board Minutes - October 24, 2002 Page 3 of 9 and recommendations on the need to proceed fight now with a full review of the overcrowding issues as it relates to guides; any ideas on implementing; and thoughts and issues on the moratorium on any new guides while we are studying the issue. PUBLIC COMMENT: Rod Berg, 266 Redwood Court, Soldotna, AK 99669. 20 year Kenai River Guide. Board member in 1991 when limits were tried. His suggestions' · Establish a number of guides. Let attrition take the numbers down. · A new guide would then have to bid. · The public wants to see limits on guides. Supportive of a one-year moratorium. Lottery to include the 346 guides now registered. 5-year commitment from guides who are drawn for the lottery. Ben Ellis, Box 203, Soldotna, AK 99669. In 1991 was a reporter for Anchorage Times when the limit issue was raised; he was board member during the revision of the KRCMP. His suggestions' Be very deliberate, thorough and successful. The public has been waiting and wanting this for more than a decade. We have let the public down. · Work with the AG's office and get their assistance. Go back to KRCMP and look at it. It is a good blueprint to look at guides and rental boat owners, illegal guides, enforcement. · Consider what will happen to the Kasilof River. Sam McDowell, Long time resident. Reviewed the historical harvest handout. Concerned about losing the king salmon within 5 years if~ve don't do something fight now. · If permit limits are established, make sure the State owns the permit. Frank Kuffel PO Box 352, Sterling AK 99672. Been on the river fishing since 1966. Speaking as a citizen. · Concerned about the deterioration and systematic annihilation of salmon by clients being dropped off by guides. Concerned about guides taking over areas; has actually been told he could not fish at an area near Thompson's hole by a guide who wanted the area for his clients. Concerned about the busses that drop off 15 or 18 people. Needs to be a moratorium. · Same concerns need to be considered for the Kasilof. · Looking forward to some decisions. You have to stand up! Limit the guides. Kenai River Special Management Area Advisory Board Minutes- October 24, 2002 Page 4 of 9 Ken Tarbox, PO Box 3507,Soldotna, AK 99669. First commented on water quality. Ken said he did some rough calculations from the figures in July presented by Robert Ruffner. It translates to about 500 gallons of fuel per day going into the Kenai River. This is significant as it relates to the issue regarding limiting guides. Cautions board to take time on how to approach this. Is a permit a "property fight"? Watch for increased participation when you mention moratorium. No recommendation on this issue. Value of limited entry permits, transferability. Need good strong legal advice on this issue. Stay focused on objective. The public says crowding, but crowding is a function of how the fishery is conducted; maybe other changes could affect crowding. Caution on how to approach this. Look at fiver in total' significant issues from habitat perspective to water quality, to habitat protection. Driftboat operation can permit greater participation than motorized. Mark Glassmaker, 33361 Keystone Drive, Sterling, AK 99672; Kenai River Guide for 12 years; secretary/treasurer of the KR Professional Guide Association. Here to remind the board the guide association has been working to address some of the problems that have been brought in terms of complaints from the public. · Provided the board with copy of draft coveting: New guide training and mentoring program and proposed requirements for being a Kenai River Guide. · Consider the kinds of guides on the fiver, full time, and part time. · Working on a KR guide board draft plan. Dale Bondurant, 55 year resident of Alaska. Owns property on the Kenai River. · Does not think it is legal to limit guides on the Kenai River. Common property resource cannot deny an individual life, liberty and property. · Conservation is the number one issue. Supports a lottery system as he feels this would be legal. Suggests making it more difficult to get into the fishery by "raising the bar." Dominic Bower, PO Box 538 Cooper Landing, AK 99572. Upper River Guide since 96. · Sees a need for zones; i.e. strictly drift May thru October. Kenai River Special Management Area Advisory Board Minutes- October 24, 2002 Page 5 of 9 · Concerned about use of private boats' massive increase in the last few years. Etiquette and training needs to be instilled. Concerned about impacts on the spawning beds. Wants to see the Kenai River fishery maintained. · Concerned also about the Kasilof. It was absolutely unreal this year. · Would support a moratorium and feels the safety of the public goes hand in hand. Jeff King, 20 year Kenai River Guide, Resident of Ridgeway, Former KRSMA Board Member. · The biggest thing anyone in our town talks about is the overcrowding. We have to jump on this moratorium ASAP. Nothing else makes sense. · Believes we will have a guide limit program some day and hopes it will happen while we still have a vital guide industry More willing to try the lottery knowing this board tried to do it the fight way. Expedite, full speed ahead! Do it! Mel Erickson, PO Box 1127, Soldotna, AK 99669, 14 year Kenai River Guide. · Sees the limitation of guides as long oVerdue. · Taxi cab drivers are limited in Anchorage. How did they do that legally?? * Limitations may encourage full time guides and discourage the part-timers. Too many guides - need to get those numbers down. Moratorium good way to start. Dick Marshall, 37186 Cannery Rd., Kenai, AK 99611. Fishing the Kenai River for 22 years. Moved to Kenai from Anchorage 7 years ago to be near the Kenai River. · How can Parks not hear the fiver is crowded? It seems so obvious! Who do we write to? Who do we scream to? He has written to the Governor about the crowding issues. Has written on surveys many times about the crowding. Moratorium is needed. Feels to personally fish the fiver is just not fun anymore and that is a shame. Suggested giving the guides 1 hour less on the fiver Tuesdays thru Saturdays- start at 7 a.m. Kenai River Special Management Area Advisory Board Minutes- October 24, 2002 Page 6 of 9 IV. · When our laws prevent us from doing what is fight it is time to change the laws. The laws should serve us. · The public wants their fiver back! Mel Krogseng, PO Box 3913, Soldotna, AK 99669. Lives on the Kenai River and owner of Lodge. Contracts with guides to set up her clients for fishing. Saying "it only takes one or two bad apples to spoil the barrel" can sum up attitude of public towards the guiding industry. Suggested requiting a comprehensive guide training program (like the one Mark Glassmaker proposed). It needs to be extensive to include such things as fishing techniques, tackle used, etc. · Opposed to limited entry type system. Increase fees to obligate them to ownership interest in the fishery. Perhaps a 5-year permit system. · More policing on the fiver. · This fiver does not owe anyone a living. · Not up to this board to protect the guide industry. Rentals boats are a danger to the public because the operators don't know the fiver or the roles of the road, etc. Jim Rusk, PO Box 398, Soldotna, AK 99669 16-year Kenai River guide. · In favor of moratorium. Needs to happen. Losing resource; losing quality of trips. · Need more enforcement. President Wellman thanked all for their opinions and said we will be discussing and taking public comment again in November's meeting. Director Stratton will discuss with the AG's office about the possibility of the moratorium and report back to the board in November. OLD BUSINESS A. Kenai River 2002 Season - Field Report, Bill Berkhahn Bill gave a recap of the summer's work on the Kenai River. He said he has a dedicated staff that put in many hours, working between 4 a.m. and midnight. They are' Ranger Don Barber, Ranger Joe McCullough, and Natural Resource Tech Maryanne Rogers. Their work includes all the camp~ound maintenance, fiver patrols, habitat restoration projects, etc. Along with the permanent staff the Kenai River District has excellent help from 18 hosts/volunteers from Cooper Landing to the Pillars. The volunteers logged in well over 5,000 hours of work for State Parks this summer! Kenai River Special Management Area Advisory Board Minutes- October 24, 2002 Page 7 of 9 Some of the summer's projects were bank restoration projects at Big Eddy, Ciechanski, and Slikok Creek. Spruce Bark beetle mortality has hit trees hard at Izaak Walton and Bings Landing. It is expected that most of the spruce in Izaak Walton will be killed within the next few years, unfortunately. Another priority is educating the public while on boat patrols, in the campgrounds, in the schools or through Community Schools pro.ams. The rangers conducted 70 classroom sessions in boating safety. There is always interpretation along the fiver on a daily basis. The staff is involved in guide orientations and feels these orientations are working well. Another priority is enforcement of regulations. Bill and his staffwrote 307 citations or written warnings this past year. Of those, 165 were written warnings to guides for failure to submit end of season reports by' the due dates. The remaining 142 were citations that ~vere written for non-guide related offenses. Bill informed the board we are losing Kenai River Ranger Joe McCullough. He has accepted a position in the Office of Boating Safety in Anchorage effective November 1 st. He talked about the need to recruit another ranger and that it takes about 3 seasons for a ranger to be comfortable on the Kenai River. President Ted Wellman asked how many Rangers are needed to effectively patrol the Kenai River? Bill suggested 2 additional rangers would be very helpful. In total 5 Commissioned Park Rangers would be most effective. B. Kenai River Center Update- Suzanne Fisler Suzanne told the board that if they wanted to continue changing their meeting dates there is a chance the room would not be available as they are booked well in advance. She will have the schedule available at the next meeting so the dates can be discussed. Suzanne said whatever the board decides to do with the moratorium she wants to make sure that any recommendations made are comprehensive and cover all the aspects of the problem. The issues are all still the same as in '85/86. The planning process should be closely linked with the current ADF&G processes. Consideration needs to be given on what effect our recommendations or proposed programs are going to have on ADF&G's effort on first mn issues on the Kenai/Kasilof. Suzanne asked the board to review the letter in their packets from Alaska Wildland Adventures. They and about 4 other businesses on the Kenai River hire new employees to replace employees on an annual basis. They do feel they would be put in a bind with only 6 months notice prior to a season when they would be unable to replace a fishing guide who may not return. One Kenai River Special Management Area Advisory Board Minutes- October 24, 2002 Page 8 of 9 guide on the fiver is terminally ill and the company he works for is wondering what to do. If a moratorium is instituted, this business could be short on the number of guides needed. Please think about that as we move forward. Suzanne said to remember that though the proposal is to limit guides on the fiver, there is an overall crowding problem on the lower fiver and simply limiting the guides access to the fiver will not make that problem go away. V. PUBLIC COMMENT None taken. VI. ADJOURNMENT A. Board Comments Robin: Good day to listen. Appreciate waiting until next month to decide on supporting moratorium. Paul' Looking forward to heating more about the guide issue next month. Said we need to be thorough and swift with whatever action we take. Jonne' Would like to look at establishing priorities for the year ahead. Tim' Looks forward to 2 new public board members. He would like to continue as the Borough representative. Dave' Asked for any updates on the Bypass in Cooper Landing. Brett: Walking into a big issue that has been around for a long time when you talk about limitations. Really appreciate and listen closely to what Suzanne Fisler said about limiting angler access/demand. Meeting was adjourned at 10'30pm. B. Date/Agenda of Next Meeting Thursday, November 21, 2002 at the KRC Kenai River Special Management Area Advisory Board Minutes- October 24, 2002 Page 9 of 9 Preject status Report A/NC/F/ City Contact Project Name STi* A JL Airport Security Fencing A=Active NC=Non-Construction F=Future STIP=State Trans. Imp KK- Keith Komelis JL - Jack La Shot RS - Robert Springer MK- Madlyn Kebschull Jet- Jan Taylor Status Preparing scope of work for FAA review and negotiating fees with Wince-CorthelI-Bryson. A KK Basin View LID Public Hearing was held on July 17, 2002. Wm. J. Nelson & Associates is working on design. A KK Bridge Access W & S Feasibility Study Wince-CorthelI-Bryson is working on this project. A JL/RS City Hall HVAC Documents complete. A MK Comprehensive Plan Presentation of complete plan postponed. A JL Contaminated Soils- Shop Report submitted to DEC. A MK Daubenspeck Economic Development Study $20,000 grant received. Study being conducted by Kevin W aring Associates in conjunction with the Comprehensive Plan. Quarterly report and bill due 1/15/03. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FAA Site ADEC is requiring additional monitoring wells to determine depth of remaining contamination. We should know the results by mid-January. A JL Kenai AP ARFF/SRE Facility Finishing items. Change order coming .... Communications equipment and phones being installed. Monday, November 25, 2002 Page 1 of 3 A/NC/F/ ~T~ A KK City Contact Project Name Kenai Coastal Trail Status Corps has received funding for planning and answering permitting questions on this project...Corps is trying to keep PND involved with this project. Corps is working on scope of work. Meeting scheduled for December 4. A JL Library Improvements Schematics complete - awaiting further direction. A JL Maintenance Shop Preliminary plans and specifications complete. A KK McCollum & Aliak LID Received property owners' petition. A JL Multi-Purpose Facility Refrigeration Investigating venting. Building additional team shacks. a KK Pillars LID - Chinook Drive and Sockeye Circle Paved road 9/21/02. Topsoil and seeding to be done next year. A JL Runway Extension Environmental Assessment Preparing scope of work for FAA review and negotiating fees with Wince-CorthelI-Bryson. A KK Schooner Circle LID Wm. Nelson working on the engineering. A KK Title 17 Review and W & S Regulations Working with Larry...Completed revisions to W & S regulations. Adding a grease prevention regulation. Rate study is part of W astewater Facilities Plan which CH2M Hill is working on. A KK Toyon Way LID Wince-CortheiI-Bryson working on the engineering. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. A KK W astewater Facility Master Plan Awarded project to CH2M Hill. At about 70% completion. They are working on a W&S rate study. Monday, November 25, 2002 Page 2 of 3 A/NC/F/ S1~ City Contact Project Name A KK WH4 Status VanAntwerp site did not work out. Quality problem with lower aquifer and Iow flow with middle aquifer. Looking at new sites for well. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 02, ROW 02, Utilities 03, & Construction 03 & 04 with total cost $4 million. Controversy over possible no build where trail is on shoulder of existing road. DOT sent letter thanking City for latest resolution of support. STIP KK DOT- Kenai Spur Unity Trail Pathway Pedestrian/bike pathway along Kenai Spur from MP 2.8 to 8.2. Alaska Roadbuiders completed the steel casing across Beaver Creek near ROW for future water main. City gave DOT temporary and permanent easements for Beaver Creek Crossing. Alaska Roadbuilders was Iow bidder at $2,138,117. If they can get the ROW near Eagle Rock, they would like to pave the entire path at the same time. STIP KK DOT- Spur 10.6 - 22.0 Alaska Roadbuilders has completed this project. They are working with DOT to finalize the project. There are no funds left in this project. Monday, November 25, 2002 Page 3 of 3 Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811'0420 Telephone 907.465.2320 ... State of Alaska 2003 Gaming Permit AppliCation AS 05.15.020 ** ORGANIZATION INFORMATION This form is also available on the Internet al: www.tax.state.ak, us/forms/ Federal EIN Organization Name H,I} Mailing Addresp 0 ~ ~""~]'"'".~ ci~ ~PE OF ORGAN~ON (che~ one box. For ~efin~ion see AS 05.15.690) ,, ~ Chad~ble ~ Fishing Demy ~so~afion ~ Ci~ or Se~ice ~ F~temai  Dog Mushem ~ocmaon ~ ~bor Educaaonal ~ Munidpali~ Io0- 17 , Check one: ~ N~ ~ Renewal IPermit Number i-'! Religious n Veterans n IRA/Native Village r-I Nonprofit Trade Association !"] Outboard Motor Association !'"1 Police or Fire Department r"] Poliucal ORGANIZED AS , :~-Corporation ~ ' I-! Partners. i~ !'-I Association PERSONS IN .CHARGE OF GJ~ES. Pemons must be active meml~rs of the organization, or an employee of the municipality, and designated by Alter~e Member Name Social Secu?ity Number Mailing Address the organization. Members may not be licensed as an operator, vendor, or employee of a vendor. Social Secudty Number IDaytime Telephone Number Ma~(~g Address . o ICity, State and Zip C~ode Has the primary meter taken and passed the tes~ ~Yes n No Permit number under which the test was taken. IDaytime Telephone Number [City, State and Zip Code I , Has the altemate member taken and passed the test? :~ Yes l"'! No Permit number under which the test was taken. ~ ~ ..J'~ THESE QUESTIONS MUST BE ANSWERED. (see instructions) n Yes .,~ No Has any member of management or any person who is responsible for gaming activities ever been convicted of a .felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? r"l Yes :~No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest as defined by 15 AAC 160.954 - 959. We declare under penalty of unswom falsification, that we have examined this application, including any attachments, and that to the best of our knowledge and belief, it. is true and complete. We understand that any false statement made on this application or any attachments is punishable by law.' Primary Member Signature PresBen, ~ V~ P~/,~en, $i~lature (see ins,~ X ~Jling~~of~~ Pre,dent I Printed Name · I Pdnted Name I Date iDate - fClaytirne Telephone [Pe~it Fee: Che~ ~e 'appmp~te box and en~ose ~e ~ff~t amounL The pe~it fee is based on 2002 esfi~t~ gro~ r~eiPts. Ma~~ payable to ~e State of Alaska ~ $0- $20,~orn~pe~iL ................. ~0 ~$20,001 -$1~,~ ................. ~ ~ $100,001 ~m .................. $1~ . See in~~ons for mandato~ a~chments. Fo~ ~26 (Rev 0W02) Front A copy of this appli~fion must be sent ~ all appli~ble municipalities and boroughs. 2003 Gaming Permit.Application IOrganization Name , J Federac~~J~ , . Game Type (use for completing information below.) Bingo Deep Freeze Classics Goose Classics Raffles Dog Musher's Contest Ice Classics Puli-Tabs Dog Mushing Sweepstakes King Salmon Classics Contests of Skill F'=h Derbies Mercury Classics Canned Salmon Classics Ipermit Number /3 i3 Race Classics Rain Classics Salmon Classics Snow Machine Classics ACTIVITES CONDUCTED BY ORGANIZATION Facility Name Physical Address ! Game Type(s) is Facility IZ! Own~ J~ Leased !"1 Donated r-I Leased I'"I Donated r"l Leased !"""! Donated ID Lea=e~ r""! Donated I-1 Leased I""1 Donated r'l Leased r""l Donated Name of Venclor ,5' ACTIVmES CONDUCTED BY VENDOR (pull-tabs are the only games a vendor can conduct) Vendor registration and fee must be attached. Physical Address Vendor Number ! . / J '/ ACTIVITIES CONDUCTED BY OPERATOR Name of Opetaior Physical Address Game Type(s) Operator's License Number ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE Name of MBP Physical Address Game Type(s) MBP Number DEDICATION OF NET PROCEEDS. The organization must plan to use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization intends to use the net proceeds from qamin,q activities. (Be specific) , ~ Form 04-826 (Rev 08/02) Back . . · . ... .. .. -. Department of Revenue Tax Division PO Box 110420 Juneau, Alaska 99811-0420 Telephone (907)465-2320 , :. State of'ATas ka 2003 Puli-Tab Vendor Registration AS 05.15.060 A registration is required for each vendor location. A permittee may not contract with more than 5 vendors. This form is also available on the Internet at www.tax.state.ak, us/tax/forms/ ORGANIZATION INFORMATION IO.l~anization Name I VENDOR INFORMATION .~ Name Business Name ;,, Permit Number 13}3 lOrganization Telephone Number ~ go7- 2.[3- Member in Charge Telephone Number 907- t!; Beverage Disl~nsary License j Package Store License lephone umber __ _ IFaxNumber ysical Location Acld~.ss . , / . / *If your business has not been issued a federal EIN, you are required to rovide your Social Security Number. J THESE QUESTIONS MUST BE ANSWERED BY THE VENDOR. (If you answer yes to either question, please submit the person's name, date of birth, social security number, and position of responsibility.) r"] Yes ]~ No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? E] Yes '~ No Do you employ a member or officer of the above organization? VENDOR CONTRACT TO SELL PULL-TABS Pursuant to the provisions of AS 05.15.188, the vendor listed above hereby agrees to sell pull-tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull-tabs on behalf of the permittee, '~ O % of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game. AS 05.188(h) The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a pull-tab series. AS 05.15.188(i) It is further agreed that the vendor will ensure pull-tab winners of $50 or more will complete the prize receipt forms; that the prize winner summary form will be completed for each puli-tab game and retained with those winning pull-tabs (AS 05.15.187(i)); and that these records of pull-tab winners will be given to the permittee to retain for the required two years. AS 05.15.187(f) It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. It is further agreed that, if the vendor is no longer eligible to sell pull-tabs, then all unopened and opened pull-tab games shall be retumed to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull-tab games must be treated in accordance with 15 AAC 160.490 We declare under penalty of unswom falsification that we have examined this form, including attachments, and that to the best of our knowledge and belief it is true and complete. We understand that any false statement made on this document or attachments is punishable by law. JSignature of Vendor ~,~ IPdnted Name IDate · ISignatur. of Membeun Charge ~ . printed Name' ........ IDate I X Registration Fe6-.--./ I ....... "1 I J Form 04-854 (Rev 08/02) A copy of this registration must be sent to all applicable municipalities and boroughs. Department of Revenue State of A'T;~ska Tax Division PO Box 1~0420 2003 Puli-Tab Vendor Registration Juneau, Alaska 99811-0420 AS 05.15.060 Telephone (907)465-2320 A registration is required for each vendor location. A permittee may not contract with more than 5 vendors. This form is also available on the Znternet at www. tax.state.ak, us/tax/fon~s/ ORGANIZATION INFORMATION 01oo'717 IO'~anization Name , VENDOR INFORMATION Federal E_LN or Sociahecu~y Nua3De~_., n , rou~- tSo~It~ IPermit Number ,Organizatiqg Telephone Number 7- - Member in Charge Telephone Number 07- I Beverage Dispensary License I Package Store 'License /17 I Business Lice~e~:m~r~ 7 j Telephone Number . IFax Number _ y' ' ess your i~sued a federal EIN, you business has not been are/required ~o ! provue your Social Security Number. , THESE QUESTIONS MUST BE ANSWERED BY THE VENDOR. (If you answer yes to either question, please submit the person's name, date of birth, social security number, and position of responsibility.) r-1 Yes ~[· No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? r'"J Yes ~ No Do you employ a member or officer of the above organization? VENDOR CONTRACT TO SELL PULL-TABS Pursuant to the provisions of AS 05.15.188, the vendor listed above hereby agrees to sell pull-tabs as a vendor on behalf of the permittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull-tabs on behalf of the permittee, '~ O % of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game. AS 05.188(h) The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a pull-tab sedes. AS 05.15.188(i) < It is further agreed that the vendor will ensure pull-tab winners of $50 or more will complete the prize receipt forms; that the prize winner summary form will be completed for each pull-tab game and retained with those winning pull-tabs (AS 05.15.187(i)); and that these records of pull-tab winners will be given to the permittee to retain for the required tw° years. AS 05.15.187(f) It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. It is further agreed that, if the vendor is no longer eligible to sell pull-tabs, then all unopened and opened pull-tab games shall be retumed to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull-tab games must be treated in accordance with 15 AAC 160.490 !S ignatu~.[.~,~l/cto r/ x Signal_Ire of Membeedn Charge X We declare under penalty of unswom falsification that we have examined this form, including attachments, and that to the best of our know/edge and belief it is true and complete. We understand that any false statement made on this docL~.ment or attachments is punishable by law. Printed Name Pdnted Name $50 Make checks payable to the State of Alaska Form 04-854 (Rev 08/02) iP. MD: Date 2 Date A copy of this registration must be sent to all applicable municipalities and boroughs. MAKE 23 PACKETS COUNCIL PACKET DZ~STRIBUTZON COUNCZL MEETZNG bATE: Mayor/Council / Attorney ~ Ta¥1or/$prin~ler/Kebschull Clerk ~. City ~an~er ~ Public Works Police ~epartment ~ Finance K.En~ineer Senior Center ~, Airport ~'Kim Library ~ Parks & Recreation ~'Clarion Fire Department ~'Blaine ~ilman ' AGENDA DTSTRTBUTZONI Sewer Treatment Plant Streets ,Shop Dock Buildin~ Maintenance Animal Control Water/Sewer Counter DELIVER Council Packets to Police Department Dispatch desk. The Clarion & Gilman's Office will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be faxecJ as soon as possible after Noon on packet day. The camera-ready agenda (c:/myfiles/documents/minutes/agende form · for paper) is emailed to the Peninsula ¢larion (at email Contacts) and a copy is faxed to Denise at the C/ar/on also. Home Page documents (agenda, resolutions and ordinances for public hearing) are placed in the Clerk's HTML file or emailed to the Clerk. Place them onto the city's website with Front Page from there as soon as possible. ITEM B: AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us SCHEDULED PUBLIC COMMENTS (10 minutes) PROCLAMATION: KCHS Cheerleading Squad -State Champions/Spirit Coaches Association State Competition, Small Varsity Division. 1. Jeff Sinz, Kenai Peninsula Borough -- Amendments to Kenai Peninsula Borough Sales Tax Ordinance. 2. James Carter, Economic Development Council -- Economic Outlook Forum December 6 & 7. ITEM D: PUBLIC HEARINGS 1. Ordinance No. 1978-2002 --Increasing Estimated Revenues and Appropriations by $203,671 in the Street Improvement Capital Project Fund 2. Resolution No. 2002-76 -- Closing the 1974 Debt Service Fund. 3. Resolution No. 2002.77 -- Closing the Dock Facility Fund. 4. Resolution No. 2002-78 -- Transferring $8,800 in the Airport Terminal Enterprise Fund for Elevator Equipment. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3 *Ordinance No. 1979-2002 -- Increasing Estimated Revenues and Appropriations by $195,153 in the General Fund or Transfer to the Debt Service Fund. 4.*Ordinance No. 1980-2002 -- Replacing the Tables Referred to in the Personnel Regulations at KMC 23.55 to Establish a New Salary Structure to Comply with Minimum Wage Requirements. 5.*Ordinance No. 1981-2002 -- Increasing Estimated Revenues and Appropriations by $12,223 in the Council on Aging Fund for Purchase of a Vehicle. 6.*Ordinance No. 1982-2002 -- Amending KMC 23.30.050(d) to Allow Management Greater Workforce Scheduling Flexibility by Changing theNormal Work Period to Forty Hours a Week Rather Than "Forty Hours Per Week/Eight Hours Per Day" and Allowing Management More Discretion in Adjusting Operating Hours. 7. Approval -- Special Use Permit/Alaska's Best Travel -- Lease of Airport Terminal Office Space, Space 34A. EXECUTIVE SESSION -- None Scheduled ITEM K: ..ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www, ci.kenai.ak.us Carol L. Freas, City Clerk D736/211