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HomeMy WebLinkAbout2002-12-18 Council PacketKenai City Council Meeting Packet December 18, 2002 AGENDA KENAI CITY COUNCIL-- REGULAR MEETING 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://ww . ci.kena/, ak.u s 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) , Tim Wisniewski, Dick Hultberg, Jack Castimore, Dale Sandahl -- Proposed Playing Field Complex/Section 36 ITEM C: ,, REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNC__I~S ITEM D: PUBLIC HEARINGS . Ordinance No. 1979-2002 -- Increasing Estimated Revenues and Appropriations by $195,153 in the General Fund for 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 Allo~g Management More Discretion in Adjusting Operating Hours. -1- , ITEM E: . 2. 3. 4. 5. 6. 7. ITEM F: . ITEM G: ITEM H: , ITEM I: . . , , , . Resolution No. 2002-79 -- Formally Accepting an Increase to ADEC Grant No. 47547 from the State of Alaska, Department of Environmental Conservation in the Amount of $950,000 for Well House No. 4 and Water Mains. *Liquor License Renewal-- Peninsula Offers/Recreational Site Seasonal. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUTF~ *Regular Meeting of December 4, 2002. *Council Work Session Notes of November 18, 2002. CORRESPO~ENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2002-1983 -- Adding KMC 7.15.035 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. *Ordinance No. 2002-1984-- Amending KMC 14.20.280(c) to Remove the Requirement that Notification of Public Hearings Be Sent Via Certified Mail. Discussion-- Report to Council/McCollum-Aliak Drive Proposed LID Discussion -- Rental Car Fees and Taxes -2- ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Mana§er 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION-- None Scheduled ITEM M: ADJOURNMENT -3- MAYOR'S REPORT DECEMBER 18, 2002 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REQUESTED BY: No changes. CONSENT AGENDA No changes. MAYOR'S REPORT Suggested by: Administratio~ 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- (11/19/2002) hl Introduced: Adopted: Effective' December 4, 2002 December 18, 2002 December 18, 2002 City of Kenai Suggested by: Administration 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 18th day of December 2002. JOHN J. WILLIAMS, MAYOR ATTEST: 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 33,017 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 53,103 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 1 7 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' Administra 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 Council on Aging- Title III Grant Fund - Transportation Increase Estimated Revenues' State Aging Grant $10.000 $2:223 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:/~ (11/19/20021 hl Introduced' Adopted' Effective: December 4, 2002 December 18, 2002 December 18, 2002 Suggested by' Administration CITY OF KENAI ORDINANCE NO. 1982-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. 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 KEN/M, 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 Suggested by: Administration City of Kenai RESOLUTION NO. 2002-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FORMALLY ACCEPTING AN INCREASE TO ADEC GRANT NO. 47547 FROM THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN THE AMOUNT OF $950,000 FOR WELL HOUSE NO. 4 AND WATER MAINS. WHEREAS, the State of Alaska has offered the City of Kenai a grant increase in the amount of $950,000 to finance the design, inspection, and construction of an exploratory and production well, a new well house with all related appurtenances, and additional water mains; and, WHEREAS, this grant will be combined with many other grants for an overall project that includes past work of design, inspection and construction of upgrades to Well Houses No. 1 and 2, a new pumphouse and a SCADA system; and, WHEREAS, the Kenai City Council formally accepts this ADEC Grant and agrees that the City will accept the responsibility to operate and maintain the proposed improvement and agrees to the terms and conditions of the grant offer; and, WHEREAS, the City has agreed to contribute $950,000 as its share of this project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City formally accepts an increase to ADEC Grant No. 47547 from the State of Alaska, Department of Environmental Conservation in the amount of $950,000 for Well House No. 4 and water mains and accepts the conditions of the grant offer. 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' (12/11/2002) hi Carol Freas - From: Dawn R. Holland-Williams [dawn_holland-wiiliams@revenue.state.ak.us] Sent: Monday, December 09, 2002 2:23 PM 1.2/) _~/t~ To: Carol Freas /~..~. ~ Subject: ABC Board - Renewal Notification Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. Type: License: File #- Location- Owner: Agent: Phone: Mailing Address' Rec Site- Seasonal 'Peninsula Oilers (Kenai) 03/04-846 Tinker Ln & Lawton Dr Peninsula Oilers Baseball Club Inc Dwain Gibson 283-7098 PO Box 318 Kenai AK 99611 We have received an application for renewal of a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by fum/shing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. 12/10~2002 Page 2 of 2 AS 04.21.010(d), if applicable, requires the municipality to_provide written notice to the appropriate -community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the goveming body. 12/10/2002 DE0-12-2002 THU O1:31 PI1 KEN~I PEN BO~ OLE~K FC, X NO, 9072628615 · , ENAI PENINSULA BOROUGH · NKLEYi , SOLDOTNA, ALASKA ' 99669-7599 144 N BI ___ ~907 262-8615 : ~ FAX , ) BUSINESS EMAItj assemblyclerk~borough'kenai'ak'us D~c~nb~r 10, 2002 Ms. Dawn Holland-Williams Records & Li~nsing Supervisor ' Alcoholic B~vcrage Control Board 550 W. 7th Av~ntm Anchorage, A.K 99501-6698 , Re: A~lication for Rcrmwal of Liquor Licen*o Dear Ms. Holland-Williams: : Please be advis~i that the K, en~ Peninsula Boroul for renewal of the liquor license(s) for the foil, Alaska: P, 01 LINDA M~RPHY, MMC BOROUGH CLERK Site- Seasonal h has no obj~tion to the approval of thc application(s) wing establishment(s), loo~t~ in thc City of Kcnai, The Ke~ Peninsula Borough Finance Dcpar~¢nt has reviewed its files and has raised no objection based on unpaid or delinquent ~xes. Sincerely, Linda S. Murphy, MM~ Borough Cl~rk CC: Peninsula Oilers City of I~aa~ KPB Financ~ Dcpamncn~ .. COUNCIL ON AGING DECEMBER 5, 2002 KENAI SENIOR CENTER 10:00 A.M. fl~ ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAl, OF MINUTES -- November 14, 2002 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS a. Discussion -- Predevelopment Grant b. Discussion -- Holiday Meal Price ITEM 6: ITEM 7: ITEM 8: NEW BUSINESS ITEM 9: REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 10: OUESTIONS &, COMMENTS INFORMATION Council Action Agendas of November 6 and November 20, 2002. ADJOURNMENT COUNC~ ON AGING DECEMBER 5, 2002 KENAI SENIOR CENTER 10:00 A.M. CHAIRMAN RICHARD JURGENSEN, PRESIDING MINUTES ITEM 1- CALL TO ORDER/h ROLL CALL Chairman Jurgensen called the meeting to order at approximately 10'00 a.m. was confirmed as follows: Roll Members present: Members absent: Others present: Jurgensen, Osbom, Fields, Kuntzman, Jones, Hollier Wilson, Nelson, Huddleston City Clerk Freas, Director Craig, Councilwoman Swamer, and R. Meeks It was reported a letter of resignation was submitted by Betty Nelson. ITEM 2' AGENDA APPROVAL MOTION: Member Osbom MOVED to approve' the agenda as presented and Member Hollier SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- November 14, 2002 MOTION: Member Jones MOVED for approval of the minutes as written and Member Kuntzman SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. Director Craig noted a representative from the Independent Living Center situated on Kahfomsky Beach Road would be making a presentation at the January meeting regarding their facility and what they have to offer. ITEM 5: OLD BUSINESS Discussion -- Predevelopment Grant Craig reported the following: The Senior Connection received the predevelopment grant and were now working on insurance, business license requirements and she is pursuing managers and developers. · The Connection would be holding additional meetings until those items were in place. · Thank-you letters were written to those persons who submitted letters of support along with an invitation to attend the Connection's January 9 meeting. a-b. Discussion -- Holiday Meal Price Craig explained, because there was not enough time to put together a New Year's Eve fundraiser, a holiday party would be held on January 1 at noon. The charge for the meal will be $4.00. ITEM 6' NEW BUSINESS -- None. ITEM 7: REPORTS Council on Aging Chair -- No report. 7-b. · · · · the Center. control the water damage for the winter. Director-- Craig reported the following: A ladies' tea would be held on the afternoon of December 5. A Christmas party has been scheduled for December 20. In November, 2,400 home meals and congregate meals were served. With Senior Connection donations, a new minivan will be purchased for It hopefully will be available by February or March. The water damage in the sunroom was repaired to. a point that will Repair work will continue in the spring. 7-c. Council Liaison -- Councilwoman Swarner reported the following: · At the council meeting of December 5, the Borough Finance Director discussed proposed amendments to the Borough's sales tax ordinance. One of special interest was not requiring day care's, both adult and children, to charge sales tax to their clients. One concerning other senior centers is whether non-profits are charging sales tax during fundraisers. Craig noted, the Kenai Semor Center already charges sales tax and there would be no change. · The elevator at the airport will be fire safe. · The EDD Outlook Forum will be held December 6 and 7 at the college. · Alaska's Best Travel will be expanding their rental space at the airport and will be printing tickets now. She attended the AML Conference in Valdez in November and will participate in the Legislative Committee through the Subcommittee for Economic Development. · Laura Glasier, who helped with acquiring grant funding for building the congregate housing, has been appointed as the Director of Elections. , The KCHS Varsity Cheer Squad were recognized with a proclamation at the December 4 council meeting for their first place honor at the 2002 Spirit Coaches Association State Competition, Small Varsity Division. COUNCIL ON AGING MEETING DECEMBER 5, 2002 PAGE 2 -Va.= · She attended a meeting of permitting agencies in regard to the bluff erosion project. Because funding was placed in the Corps of Engineers budget, they chaired the meeting and will coordinate a study on the lower river for the benefit of Alaska Fish & Game. She invited those present to her open house on December 22. ITEM 8: QUESTIONS/h COMMENTS -- None. ITEM 9: INFORMATION Council Action Agendas of November 6 and November 20, 2002. ITEM 10: ADJOURNMENT The meeting adjourned at approximately 10'28 a.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING DECEMBER 5, 2002 PAGE 3 -/ November 13, 2002 Rachael Craig Kenai Senior Center 361 Senior Court Kenai, AK 99611 Dear Rachael, Please accept my resignation from the Council On Aging Board, effective November 15, 2002. Sincerely, Betty Nelson 381 Senior Court, #305 Kenai, AK 99611 _ _ _ _ KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM DECEMBER 3, 2002 6:00 P.M. AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6' ITEM 7: a. ITEM 8: ,,, ITEM 9: ITEM 10: ,. CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES September 3, 2002 November 5, 2002 PERSONS SCHEDULED TO BE HEARD REPORTS Director Friends of the Library City Council Liaison OLD BUSINESS NEW BUSINESS Discussion -- Preliminary Visioning Session COMMISSIONER COMMENTS/(~UESTIONS INFORMATION Kenai City Council Action Agendas of November 6 and 20, 2002. ADJOURNMENT _ ~ _ _ KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM DECEMBER 3, 2002 6:00 P.M. CHAIRMAN BOB PETERS, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Peters called the meeting to order at 6:04 p.m. confirmed as follows' Roll was taken and Commissioners Present: Brown, Coon, Heus, Brenckle, Peters, Rodes (in at 6'10 p.m.) Commissioners Absent: DeForest Others Present: Councilman Moore, Library Director Jankowska, Department Assistant Harris ITEM 2' AGENDA APPROVAL Chairman Peters requested the following items added to the agenda: To be added as 7-b: To be added as 7-c- Council Worksessions Library Chairperson Election MOTION: Commissioner Brown MOVED to approve the agenda as amended as Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES September 3, 2002 November 5, 2002 Councilman Moore requested" 5, 2002 minutes. and adopted" be omitted from Item 5-c in the November MOTION: Commissioner Brown MOVED to approve the minutes as amended and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: REPORTS _ _ 5-a. Director-- Jankowska reported the following: · The library has experienced a slight drop in patron usage compared to last month, but overall usage has gone up 13% compared to last year. · The library is preparing for upcoming holiday events including the December 12 Open House from 4-7 p.m. · Debbie Miller, author of The Great Serum Run, will be discussing her book at the library on December 4. 5-b. Friends of the Library-- Commissioner Heus reported on the following: · The Friends of the Library raffle took in nearly $13,500. · Writers' Night is scheduled for March 6, 2003 at the Kenai Visitor's Center. · The Friends of the Library sent out 350 newsletters last week. The newsletters included plans for the expansion proposal and a new member application. 5-c. City Council Liaison -- Councilman Moore reported the following: · Tomorrow from 1-4 p.m. a meeting concerning the Kenai Coastal Trail will take place in Council Chambers. Moore encouraged all who are interested to come and listen. · The upcoming Council meeting will discuss policy work session results and a proclamation for the Kenai Cheerleaders. ITEM 6: OLD BUSINESS-- None ITEM 7: NEW BUSINESS 7-a. DiscuSsion -- Preliminary Visioning Session Director Jankowska stated she is preparing information for a visioning session for Commission members, citizens, and city administration. Jankowska stated the purpose of this session will be to brainstorm and gather ideas on how to make the Kenai Library a more user-friendly service and examine new or revised goals for the library. Jankowska urged all who are interested in helping to see her before the February 2003 meeting. 7-b. Discussion -- Council Work sessions Commissioner Heus reported she attended a Council work session which discussed policy statements in regard to future budgets. Heus reported the Council stated the probable budget for the next severe years will remain status quo, with little to no expansion in projects. The Council did, however, discuss the idea of proposing a bond sale for a maintenance building and for the library expansion (separate bonds). The library expansion bond sale proposal would be reliant on Friends of the Library LIBRARY COMMISSION MEETING DECEMBER 3, 2002 PAGE 2 obtaining grants or matching funds from some other source. Heus stated the Council requested City Attorney Graves to look further into the bond sale issue. The Commission discussed Heus' report and all stated entertaining the notion of a bond sale seemed positive for the library. Discussion -- Llbrar!z Chairperson ~,lec~ion Chairma_n Peters stated the election of a new chairperson is scheduled to be on the agenda next month. Peters also stated he would prefer another commission member become chairperson and asked he not be nominated. Peters stated he has been chairperson for many years and feels it is time to encourage another member to lead the Commission. ITEM 8: COMMISSION£ .MENTS / OUESTIONS Brenckle stated she was pleased the addition and looks forward t ~he Commission will never give up the goal of honing session. Heus stated she was glad to se~.. Additionally she suggested go~.ng supporters to the visioning .cfi discuss ,..,~c possibility of a bond :~?~.~. md Kenai city limits for support ana m mvlun§ Coon stated she would not be in attendance at the January meeting. Peters thanked Councilman Moore for his continued support. ITEM 9: INFORMATION Kenai City Council Action Agendas of November 6 and 20, 2002. ITEM 10: ADJOURNMENT MOTION: Commissioner Brown MOVED to adjourn and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 7'30 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant LIBRARY COMMISSION MEETING DECEMBER 3, 2002 PAGE 3 ITEM 1. ITEM 2. ITEM 3. ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: ITEM 11: KENAI PARKS/h RECREATION COMMISSION DECEMBER 5, 2002 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES- November 7, 2002 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS REPORTS Commission Chair Director City Council Liaison COMMISSION ~UESTIONS/h COMMENTS PERSONS PRESENT NOT SCHEDULED TO BE HEARD INFORMATION Council Action Agendas of November 6 and 20, 2002. Commission Application for K. Steiner Updated Membership List ..ADJOURNMENT ._. KENAI PARKS/k RECREATION COMMISSION DECEMBER $, 2002 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TIM WISNIEWSKI, PRESIDING MINUTES ITEM 1' CALL TO ORDER/k ROLL CALL Chairman Wisniewski called the meeting to order at 7'05 p.m. Members Present' Wisniewski, Sandahl, Castimore, Gifford, Hultberg Members Absent: Baxter, Steiner Others Present: Councilwoman Porter, Parks & Recreation Assistant Joanne Cole and Department Assistant Harris ITEM 2: AGENDA APPROVAL ..... There were no objections and/or additions noted; the agenda was approved a presented. ITEM 3' APPROVAL OF MINUTES -- November 7, 2002 There were no corrections noted; the minutes of November 7, 2002 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS-- None ITEM 6: NEW BUSINESS-- None ITEM 7: REPORTS 7-a. Commission Chair -- Wisniewski stated he was surprised at the speed in which the new pole decorations arrived and were installed. Wisniewski requested Gifford provide a recap of the "Christmas Comes to Kenai' event. Gifford stated she was very impressed at the amount of people who attended the tree lighting ceremony and at the amount of work was put in to the event by the Chamber of Commerce. Gifford felt the tree lighting ceremony was flawless. Regarding the actual fireworks display, Gifford stated she felt the unusual and unseasonably warm weather played a very large role in the success of the fireworks in respect to the necessity of citizens to view the display from the bluff. Gifford stated she found it very unlikely the public would have viewed the fireworks while standing outside in the elements if the weather had been usual (cold). Several commissioners stated they felt the new placement of the fireworks and the bonfire was a mistake and resulted in potentially dangerous situations as the public was out in the dark trying to/'md places to view the fireworks, walking around on dark and slippery roads, and crowding along the dangerous and fragile edges of the bluff; several commissioners stated they were surprised nobody was hurt. The commissioners stated they felt the fireworks and bonfire sites should be returned to their original areas. 7-bo Director-- Cole reported on the following: · The costs of the concrete and ramp is still being gathered; Frates will inform the Commission when more is known. · Frates will apply for a Conditional Use Permit for the ramp in the upcoming month. · Approximately 160 hours have been reserved for the month of December at the Multi-Purpose Center. · Volunteers are completing construction of the warm-up shacks; heating units and lights are still needed. City Council Liaison -- Councilwoman Porter reported on the follow/ng: Concerning the 'Sports Complex', Porter explained the area considered for the complex could contain contaminated softs. Porter stated Councilman Bookey raised an objection to this site and stated concerns. The commissioners affirmed they were surprised this issue has come up so late; they were under the impression there were no complaints with the site. Porter encouraged the Commission to continue placing this subject as an agenda item and to continue discussions and perhaps iook into alternative sites. The Commission expressed concern over the lack of testing and possible cleanup at the site. Porter stated she would add this item as an agenda item for the upcoming council meeting to further discuss the issue. Members Castimore, Sandahl, Hultberg and Wisniewski stated they would be present at that council meeting to stay informed. ITEM 8: COMMISSION (~UESTIONS & COMMRNTS -- None ITEM 9: PERSONS PRESENT NOT SCHEDULRD TO BE HRA~D -- None ITEM 10: INFORMATION 10-a. 10-b. 10-c. Council Action Agendas of November 6 and 20, 2002. Commission AppUcation for K. Steiner Updated Membership List ITEM 11: ADJOURNMENT PARKS & RECREATION COMMISSION DECEMBER 5, 2002 PAGE 2 The meeting adjourned at 7'45 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PARKS & RECREATION COMMISSION DECEMBER 5, 2002 PAGE 3 ® e ® e e ® 10. 11. 12. 13. CITY OF KENAI PLANNING/k ZONING COMMISSION _ CITY COUNCIL CHAMBERS December 11, 2002 - ?:00 p.m. AGENDA CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. *APPROVAL OF MINUTES: *November 13, 2002 SCHEDULED PUBLIC COMMENT: CONSIDERATION OF PLATS: PUBLIC HEARINGS: a. PZ02-67~A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska, that KMC 14.20.280(c) be amended to remove the requirement that notification of Public Hearings be sent via certified mail. b. PZ02-68--An application for a Variance Permit from.KMC 14.20.250- Off-street Parking Requirements for the property known as 605 Marine Avenue, East Addition Townsite of Kenai, US Survey 3025 A&B, Lot 2, Block 3, Lot 3, Block 3, Kenai, Alaska. Applicant is seeking a variance of 5 parking spaces from the required 10 spaces. Application submitted by Glenn E. Lockwood, D.D.S., P.O. Box 2403, Kenai, Alaska. OLD BUSINESS: NEW BUSINESS: PENDING ITEMS: CODE ENFORCEMENT: REPORTS: a. City Council b. Borough Planning c. Administration PERSONS PRESENT NOT SCHEDULED: INFORMATION ITEMS: a. Zoning Bulletin {11/10/02 & 11/25/02) b. Commission Meeting Schedule - 2003 COMMISSION COMMENTS ~ QUESTIONS: 14. ADJOURNMENT: __ CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 11, 2002- 7:00 P.M. CHAIRMAN RON GO~~, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was taken and confirmed as follows: Commissioners Present: Others Present: Bryson, Tunseth, Goecke, Nord, Osborne, Amen, Glick Councilman Bannock, City Planner Kebschull, Deputy Clerk Hams 1-b. Agenda Approval MOTION: Commissioner Osborne MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2- APPROVAL OF MINUTES -- November 13, 2002 Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT-- None ITEM 4- CONSIDERATION OF PLATS-- None ITEM 5' PUBLIC HEARINGS PZ02-67--A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska, that KMC 14.20.280{c) be amended to remove the requirement that notification of Public Hearings be sent via certitied mail. MOTION: Commissioner Nord MOVED to approve PZ02-67 and Commissioner Osborne SECONDED the motion. There were no public comments. City Planner Kebschull stated for clarification that administration was directed to either increase fees or reduce costs as the financial situation at the City of Kenai was being more closely monitored. Postage costs for sending a single certified notice averages over $4.00; a significant cost to the City. Kebschull stated the Commission has approved the removal of this requirement in the recent past and wanted to reiterate there is no legal requirement stating notices must be sent certified. Furthermore, Kebschull told the Commission, an even larger reason for removing the requirement of sending notices via certified mail is the amount of complaints received by the recipients of the letters. Kebschull has been made aware of a general resistance to certified mail recipients standing in line at the Post Office, as they feel it a great inconvenience. VOTE: B19rson Osborne Goecke Yes Yes Yes Tunseth Alnen Yes Yes Nord Glick Yes Yes MOTION PASSED UNANIMOULSY. PZ02-6~~ application for a Variance Permit from KMC 14.20.250 - Off- street Parking Requirements for the property known as 605 Marine Avenue, East Addition Townsite of Kenai, US Survey 3025 A&B, Lot 2, Block 3, Lot 3, Block 3, Kenai, Alaska. Applicant is seeking a variance of 5 parking spaces from the required 10 spaces. Application submitted by Glenn E. Lockwood, D.D.S., P.O. Box 2403, Kenai, Alaska. Commissioner Bryson stated he would be abstaining from participation in this item as a Commission member. MOTION: Commissioner Osborne MOVED to approve PZ02-68 and Commissioner Glick SECONDED the motion. (Henn Lockwood, 605 Marine Street, Kenai, addressed the Commission and requested approval for a variance due to a building addition at the Kenai Redoubt PLANNING & ZONING COMMISSION MEETING DECEMBER 11, 2002 PAGE 2 Dental Clinic. Currently, he is six feet away from code. Lockwood stated he could avoid the necessity of a variance by clear-cutting the trees on the side of the building to provide parking; but would much rather prefer to keep the trees where they are. Additionally, clearing the site would be a tremendous burden on the business. Lockwood also stated the parking area in question is for patient use only; staff utilizes off-street parking areas and walks the short distance to the building. Phil Bryaon, 609 Marine Street, Kenai, stated his business is adjacent to Dr. Lockwood's and has no objections to his request for a variance and recommends the Commission approve his request with the addition of staff recommendations. There were no more public comments. Commissioner Tunseth inquired if the Altemative School parks on that same street and if these businesses and the school would produce a significant increase in vehicular traffic. Lockwood, Bryson nor administration stated they did not anticipate a considerable increase. Kebschull stated there have been no complaints received by the street crew and recommends approval with the condition that if a significant amount of complaints are received, the applicant either find additional parking by way of tree removal or obtain parking permission from an adjacent lot owner. Kebschull also stated that proving any such complaints are the direct fault of the Kenai Redoubt Dental Clinic would require close monitoring and would be time consuming. Councilman Bannock urged the Commission to be cautious of placing additional requirements on variances. VOTE: Nord Yes Osborne Glick No Bryson Goecke Yes Yes Amen Yes Abstained Tunseth Yes MOTION PASSED. Chairman Goecke stated anyone wishing to appeal could do so at the City Clerk's Office within 15 days. ITEM 6' OLD BUSINF_,SS-- None ITEM 7: NEW BUSINESS-- None ITEM 8: PENDING ITEMS-- None ,, PLANNING & ZONING COMMISSION MEETING DECEMBER 11, 2002 PAGE 3 ITEM 9' CODE EKFORCEMENT-- None ITEM 10- REPORTS ,, 10-a. City Council -- Councilman Bannock provided a recap of Council action items. Additionally, Bannock stated he supports the Commission's recommendation to remove the certified mail requirement and will assist this issue on a Council level. Bannock stated he feels requirin§ the public to stand and wait in line at the Post Office is neither 'customer friendly' nor cost effective. 10-b. BorouEh Planning -- Bryson reported on the last two Borou§h Plannin§ and Zonin§ meetin§s. 10-c. Administration -- City Planner Kebschull reported the following: · The owner of the state-regulated daycare facility at the end of Fidalgo has requested admin/stration reconsider the Conditional Use Permit requirement on the facility. Kebschull stated administration would be proposing an amendment as facilities of this sort are fully regulated by the state. · The businesses along Frontage Road are addressed using Kenai Spur Highway addressing and Administration will be worldng with those businesses at the beginning of the new year to change the addresses to the Frontage Road address system (from five-digit addresses to three-digit addresses). ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: nTFORMATION ITEMS 12-a. 12-b. Zoning Bulletin (11/10/02 & 11/25/02) Commission Meeting Schedule - 2003 ITEM 13: COMMISSION COMMENTS/h QUF~TIONS-- None ITEM 14: ADJOURNMENT: The meeting, adjourned at 7:48 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PLANNING & ZONING COMMISSION MEETING DECEMBER 11, 2002 PAGE 4 _. KENAI CVB BOARD MEETING MINUTES September 23, 2002 Board Members Present: Fred Braun, Ron Malston, Robin West, Jim Bookey, Robert Fulton, Marion Nelson, Dan Van Zee Staff Members Present: Ricky Gease, Diana McKenncy A. Call to order: The meeting was called to order 5:40 p.m. by President Fred Braun. As there was not a quorum immediately present, the Board proceeded with notes and presentation: Mr. Gease presented a note from friends of Alaska State Museum encouraging legislators to support the arts and museums. Mr. Gease was accepted for the Foraker Certificate in Nonprofit Management and will be attending October 8 and 9. Mr. Gease presented the results of the poll that was taken by KPTMC in conjunction with Kenai CVB and the Soldoma Chamber. Standard business reply to the survey: Most businesses were lodging and charter businesses from the Central Peninsula; Of the 57 respondents, 27 experienced a decrease in business with 14 having an 11-25% decrease - 28 had increases with 8 having a 26-50% increase; Most are optimistic for 2003 and will maintain current marketing strategies. Mr. Braun had correspondence from the U.S. Fish and Wildlife Service. They had nothing but compliments on our building. Upon tracking some follow up with people she works with, they had the highest remarks for this building. Ms. Nelson gave a presentation on the Milepost and made copies available to those present. The 'Plan-a-Trip' map will be different next year and not sponsored by Tesoro. The Kenai Peninsula Borough approved payment for sponsoring the map, which will feature the Kenai Peninsula as the playground of Alaska. KPTMC acted as the pass-through for the payment of this by providing access to their graphics and photo images. The map will have a map of the Kenai Peninsula Borough as well as the additional image panel. We hope to have this available every year. B. Agenda: Mr. Malston moved, Mr. Fulton seconded to approve agenda. Approved unanimously. C. Approval of August 12, 2002 Minutes: Mr. Malston moved and Ms. Nelson seconded to approve the minutes. Approved unanimously. D. Persons to be Heard- Moved - done before meeting was called to order E. New Business 1. Kenai CVB Departmental Budgeting. Mr. Gease referred to the financial repons in the packet. We are $8000 ahead of the budget. There are some changes in the financial statements to reflect a different breakdown in the income statements breaking out KCCV into Museum Services and Visitor Services to better track revenue sources and actual expenses. In terms of Gaming, we have some visual information for bingo and pull-tabs showing we are above our budgeted income. Mr. Braun has requested a comparison to 2001. Mr. Gease indicated that 2001 was a record year 'probably because of the CI~ checks. Mr. Braun indicated that he really preferred the graphs. 2. Gaming- proposal for new pull-tab location. The Executive Board met on Monday, September 16th. The emphasis was on the need to gain access to more revenue. Mr. Gease has been charged with this task to help offset the challenges including a strained city budget. Mr. Gease discussed breaking out KCVB and KVCC, and then dividing KVCC into Museum and Visitor Services. At present, gaming money is spread out over all three. The goal is to concentrate on a gaming revenue for KCVB via a 'Friends of the VCC' 501 (c).3 structure. This would provide 2 separate income streams that could be more dedicated. Currently, a good amount of the income goes to Museum Services, which leaves destination marketing with a $12,000 budget. We'd like to bring in a comparable stream to underwrite museum and visitor services. Down the line, we hope to get an accreditation for the museum and then have access to larger grants. Mr. Bookie felt that we couldn't get this building accredited, but Mr. Gease pointed out that we already have a museum and that regardless of how or when that takes place, we will still need to provide those services and pay for a curator and ensure professional care of items donated and collected. Long-term strategies include grants from the larger foundations and the federal government. And while there is a 3 year limitation on using a 501 (c).3 for gaming, it is immediately available for grants. The bed tax goal is also still a part of the strategic plan. Mr. West asked about a separate board requirement. Mr. Fulton clarified that we would have a separate entity from this one. As of today, we have been asked by the Oilers to join them in an MBP to continue the current bingo/pull-tab scenario at a 60/40 split. This scenario will best maintain current flow. We would be able to keep Peggy in her current position, which would not be the case if we maintained our self-directed permit separate from the Oilers. Since Peggy has been established as the 'Manager' for the Oiler's permit and a Cashier for us, the state would continue to consider her a Manager. This makes her ineligible to work for 2 different permits. The Oilers had 3 choices' 1) Enter into an MBP with us; 2) Enter into an MBP with their Booster club and/or others; 3) Do a permit alone. Option 1 offers the most benefits to them because: 1) It allows Peggy to keep her current position; 2) Maintains the continuity established i.e. 5 nights of bingo per week in one location; 3) Prevents them from reaching the maximum limit of their permit before the end of the year; 4) Provides them the opportunity to extend the number of allowed nights of operation to cover 5 nights a week, and 5) Allows their Booster Club to keep their permit. Mr. Braun indicated that we are happy with Peggy's involvement and with the current scenario. Benefits to us are: 1) Our net result should remain the same; 2) We will still have the option to have Peggy mn our nights; 3) Substantial reduction of gaming bookkeeping requirements; 4) Approximately 1/3 of the value of a permit to use in the new pull-tab parlor in the event that permit reaches maximum pay-out Mr. Braun pointed out that we are looking to raise $80,000-$120,000 in additional revenues. Whether it is raised by bingo, pull-tabs, or fundraisers, this is where we need to be. Questions to Mr. Gease' Mr. Bookie: Will moving into the pull-tab deal cause a rift with the Oilers? No, we had talked about including both in the MBP, but they decided to avoid the risk of joining that way. Mr. Fulton: Is anyone interested in the 501(c).37 Yes, Kenai River Council on the Arts. Mr. Fulton: Is there a projection on difference of income on the two? The Oilers almost max out. Peggy fine tunes the fuel that goes through the pull tab parlor by making available less desirable pull tabs in order to prevent reaching the maximum payout. Mr. Fulton' What is your recommendation? We should go forward with it. Peggy has been a good employee and maintaining continuity is most important for bingo players. Mr. West: Is there any prediction on how it will affect the new site? People who go to bingo play pull-tabs, so the current income source should not be affected. Mr. Braun: What about saturation? Mr. Malston replied that it is a possibility. Mr. Braun: There is no guarantee that population growth will guarantee pull-tab income. The state data shows that gaming continues to grow. Mr. Bookie: What about changes in the state like smaller PFD's and other economic challenges - we are definitely looking at budget issues in the city. That is why this 2-3 year window is important to help us get to other income sources. Mr. Fulton' If we continue, will we be able to split our money to museum? Yes we can, we are just trying to set up long term strategy and show where income and expenses go. Everybody else does bed tax. When we look at our financials now, it is just general. So as we break out, we can compare ourselves to museums and visitor centers around the country. Mr. Fulton: Will we still pursue 501(c).3 for friends for another permit? We have 2 questions - are we going to open a pull-tab parlor, and are we going to get a 501 (c).37 If we do the pull- tab parlor, this is the best location in town. Refer to the pull-tab parlor budget. Our break-even point is $250,000 in pay outs. Comparing to other locations, they max out in 10-11 months. If we go into a new parlor, we would have to do REALLY BAD to lose money. If we max out, our income stream would be approximately $217,000. Mr. Bookie: Is Mr. Norville willing to negotiate on the w.e can sub-lease and we don't have to share our profits. 5 year lease? He is set on 5 years, but We will be between a hair salon and a p~zza parlor and won't be charged rent until December. Mr. Braun: When you look around town, I agree with Ricky. My first thought was that it was a lot of money, and not a good price for storage. I don't know who would be a good other tenant, but we only need 500 sq feet. Should we have another tenant, or another board meeting room? Again, we'd have to be really bad to not make money. Gaming revenue will more than make up for the high cost. The additional $10,000 we'd bring in for rent is not going to be the factor that determines our success or failure. Mr. Van Zee recommended a tobacco shop and Ms. Nelson a dip ice cream parlor. Mr. Bookie' How far can the 501(c).3 go into the private sector? The 501(c).3 wouldn't nm the for-profit business, we would sub-lease to the for-profit. Ms. Nelson: Does the city have a problem with this? Mr. Bookie said he can't see any. The only problem is that we were written out as a museum in the original grant. He indicated that we couldn't be a museum unless we wanted to pay back the $900,000 grant so we had to be very cautious on how we set this up and what we call it. Mr. Bookie: Remembers a discussion 4 or 5 years ago about another 501(c)3 that the board decided against it but can't remember the pitfalls. The recommended 501 (c).3 was going to mn the Cultural Center and was not to be used as a fund raiser. Kathy Tarr didn't like to have any other parallel structures operating the facility. But if we set up a friends group that is strictly used for fund raising, there is not an issue with governance over who runs the collection. Working with Dana and Jay, we would have a committee who works on what goes into the collection. Grant opportunities would be immediately available with this 501(c).3, but not gaming. Marian moves that we continue our relationship with the Oilers to join in an MBP by Jan 1 with a 60/40 split and that we instruct our Executive Director to move in that direction. Mr. Van Zee seconded. The motion carded unanimously. Pull-tab parlor Mr Braun reviewed the lease from Mr. Norville. This lease is so close to the Carrs lease- allowing us a month and a half for the building of the interior at our cost - 1200 sq feet and utilities. He has questions about a lobby area, signage- assuming signs would be at our cost, hours of operation (10-6 Monday- Saturday are listed) Questions for Mr. Gease: Mr. West: How soon before we see revenue? The earliest we could be up and nmning is November 1, the latest is December 1. With this scenario we have until about mid March to find another person to go in with. Sheet rock will be up and we will have to paint it - Ricky volunteers his labor for this - and we put down industrial carpet. Mr. Bookie- What about the worse case scenario - can you carry it for 6 months? Yes, we have reserves to carry it for 6 months. If we are not making any money in June, we would have to sub-lease. Mr. Bookie: Norville is one man who doesn't bend and so a 5-year lease is tough. Who signs the lease - the Executive Director and President? Just wants to make sure that board doesn't get tied into anything individually with Mr. Norville Will any of the board members be held liable? Mr. Braun said the lease comes back to board. Ms. Nelson: Can't see how we can lose. She is not wild about gaming, but we need the second stream of income. Wants to make sure that working with Kenai River Council on the Arts is OK too. We just have to continually watch all these relationships and be aware of all ramifications with all these entities. Mr. West: Is it tree that until we get the second that we can only make the $350,000 until we get the second permit? We would get another $30,000. Mr. Gease spoke with Mark Gregory who had a brainstorm about getting more people into bingo. He recommended that we use bingo as a fundraiser that we offer to others - have them get 50 people to bingo and split the proceeds with them. He will check on the legality of this option.~ It would be nice if we had a year with the MBP and time to set up, but the most important thing is location and with this new building being available, the time is now. Mr. West: In developing friends, we developed one for the refuge a few years ago, it's hard to keep a board going. Depending on the requirements and some of the legal requirements, it may not be as easy until we know what the board has to look like etc. Mr. Bookie: This was part of the reason we didn't go forward is because we didn't know how to structure. Ms Nelson' This is a different focus - it is dealing with the money. It seems that if we had a minimum size board with one of us on it, the focus is fairly narrow. Mr. Gease: One of the qualifications for grants is who contributes to you're your museum- do you have community support? So to apply for grants, we have to have friends group.. Mr. Braun: Would like to go over the lease with Ricky and review several things: 1) Lease term- 3 years instead of 5; 2) Define commons area and pro-rated shares of those expenses; 3) Signage- cost and windows limitations; 4) Sub-lease limitations; 5) Pro-rated tax assessments; 6) Advertising - can we promote what we are; 7) Hours of operation - is 10-6 Mon-Sat a minimum?; and 8) What about profits for a for-profit business we sub-lease to. Lets get something on the table from the board. We need to look at some other source of revenue and this is at the top of the list. We aren't going to go out and do a fundraiser and we are out of time and resources. Ricky has done his job and brought to us a recommendation. I don't know what other options are available. Mr. Malston moved to have Mr. Gease and Mr. Braun proceed with negotiations for a lease for the pull-tab parlor. Ms. Nelson seconded and it carded unanimously. F. OLD BUSINESS 1. Arctic Winter Games Update Artic Winter Games Cultural Committee Ricky is on committee. Ricky and Jay worked on their portion and with mark Gregory for operating budget. Not included were capitol projects for the games. CI~ is looking at 80 acres across from Russian fiver and they want to build a hotel with cultural center there - said Mr. Fulton _ ~. Mr. West said there are negotiations with the Department of Forestry and CIRI to develop a cultural research center. If legislation is signed into law, we could see it in next year's budget. The project would cost millions of dollars. If it started next year, it would take 3 to5 years to complete. Mr. Gease said that the borough is looking to develop a ski resort in Cooper Landing too. Ms. Nelson asked that we please keep a finger on reality as you progress through this process. 2. Bed Tax investigation committee: There has been no meeting since June- waiting for election to see who will be on the assembly and who the Mayor will be. They are trying to keep this from being an issue. Wrote to Jack Brown about issues we would like to bring up in terms for a bed tax situation - where does the money go, who collects it, is it general fired, etc. The next meeting is October 4th. G. Executive Directors Report: Museum's Alaska Conference. It was Jay and Dana's first- good educational opportunity and good contacts. Also invited Paul Gray to go up and get exposure for the videos he has done with us and will probably get some work from that. Had a good breakfast with other chambers on how to market exhibits. H. Board Comments: Mr. Van Zee, Ms. Nelson, and Mr. Malston had no comments. Mr. West: The National Wildlife Refuge System will be celebrating its 100th anniversary. He had commemoration pins for the board. The Refuge system began March 14, 1903 with belican Island under Theodore Roosevelt. There are 530 refuges, with at least one in each state and 16 in Alaska. Local activities include a play on October 1 lt~, a time capsule to be buried in March to be opened in a hundred years, and ESPN's Outdoor Channel programs featuring Alaska. Mr. Fulton: We need to consider re-wording ourselves from museum to storage place for our cultural artifacts or something to remain in compliance with the original grant. Mr. Bookey: City budget starts in October. Hopes it doesn't impact us here. Believes we are headed in the right direction by considering long-term funding, because there will be an impact at some time. Depending on proposition on grocery tax, if that passes, then all bets are off and there could be significant impact across the board. Business sector can't afford anything right now, so hopefully .... Since board is headed in a different direction, he will talk to city attorney to determine if there is any impact on the board concerning the 5-year lease for the pull-tab parlor. Wants to make sure that there is no legal liability to come back to the board or the signers of the lease. Will try to get an opinion from the attorney and back to Mr. Braun by next week. Mr. Braun - Was reluctant to agree to pull-tab parlor at first mostly because of potential negative public perception and the impact that would have on our hard-earned reputation. After the Executive Board meeting held the previous Monday, however, believes that this is the best idea available to raise the funding necessary to move forward with the long-term financial goals. Fundraisers have proven to be ineffective and he is not willing to participate in or subject others to those types of activities. I. Next Board Meeting: Special Board meeting October 7th to address the pull-tab parlor issue and then not again until after Thanksgiving. Mr. Gease would like directions at the October board meeting for November meeting. J. Adjournment- Meeting adjourned 7:18 p.m. Respectfully Submitted Diana McKenney Kenai Convention and Visitors Bureau Board Meeting Minutes November 18, 2002 Board Members Present: Fred Braun, Ron Malston, Robert Fulton, Jim Bookcy, Robin West, Charlotte Legg, Marty Ragan, Marion Nelson Staff Members Present: Ricky Gease, Diana McKenney A. Call to order: Called to order by President Braun at 5:45 p.m. B. Approval of Agenda: Mr. Malston moved and Ms. Ragan seconded approval of the agenda- approved unanimously. C. Approval of Minutes' Mr. Malston moved and Ms. Nelson seconded approval of the September 23rd minutes- they were approved unanimously. D. Persons Scheduled to be Heard: Mr. Bookey had to leave at 6:30 for a city budget meeting and took this opportunity to address the Board. The city is looking for a 1 mil tax increase. The budget looks good for KCVB. The city hasn't had a mil rate increase in almost 10 years. They are hoping to mn a balanced budget this year. Employees want a raise and health benefits and if this goes through, then some reduction in services may be required. Will begin budget in March instead of this time to give 8 months for budget preparation instead of 3. Will maintain 7.5 million in savings, which is about 80% of an annual budget and hopes to keep it there. Ms. Nelson asked if Kmart and schools will be closing. Mr. Bookey says there are lots of rumors. And they are just that- rumors. Lots of new little businesses are opening up. Mr. Braun asked about the low rate for parking at airport. Mr. Bookey says all city fees are up for review. Mr. Braun expressed his appreciation of the City's support- not only money, but maintenance, etc. Mr. Bookey just came back from AK Municipal League (AML) - Valdez is in much more trouble than we are - the number of cruise ships has been dramatically reduced and continues to fall. He also indicated that the city is really comfortable with what we are doing here. E. New Business' 1. Board Election Nominations for 2003' No new nominations have been received. Bill Popp will not be nmning again. Were going to send ballots out by end of month and will tally by December 14th. MI. Braun and/or Mr. Gease will contact any recommendation. It is not necessary for members to be business owners. Mr. Gease said Steve Horn from Challenger ran an ad in the paper and had several applicants for their Board. He was directed to mn the ad and also do some PSA's. Ms. Ragan has agreed to do another year, as well as Mr. Malston and Ms. Vozar. Ms. Vozar will be available by phone if necessary for quorum. If we don't get anyone else, we will send out these three names and the Board will have to appoint other positions. Ms. Nelson recommended Sharon Brower of Grouchy Old Woman B&B 2. New Kenai CVB Membership Directory for 2003' Because we have gone to an annual membership, we can print one directory and have it available instead of constantly producing copies of it. We can print our bulk mail permit on it and mail them in batches and save on staff time and equipment maintenance. It should come out in January or February to accommodate late payers. In mid-December, delinquent members will get a letter about the membership directory indicating this would be their last chance to be included. 3. New Kenai 4-color Marketing Brochure: Board had indicated that they wanted to produce a brochure. If it can still be budgeted, we have some quotes. We would use the brochure as a rack card for other visitor centers. We would probably use about 10-12 thousand per year. Mostly used as our in-state piece. Need to have a brochure that can be used for at least 2 years. It would be out-dated after that. Ms. Nelson moved that we should budget for a full color marketing piece - Mr. Malston 2nded. There is no money in budget now, but if they were ordered today, they wouldn't arrive until after January. Mr. Braun requested an amendment to motion that dollar amount not exceed $3800 for the printing of the tri-fold brochures. If PrintWorks doesn't come down in price, would we go with A.T. Printing? Ms. Nelson feels that PrintWorks is not only local, but does excellent work. A word of caution with any designer is it is important to ask questions periodically- more often than you think- they tend to just go with their ideas. Staying on top of it can save a lot of money by not paying for design work that produces a product that is not what you wanted. Mr. Braun, and most board members, felt that the extra money was worth it to use a local business and that we will probably be able to negotiate with PrintWorks to be competitive with A.T. The motion was unanimously approved. F. Old Business: 1. Discuss formation of strategic planning for January, 2003' Mr. Braun has set the strategic planning time for late January. The cost is $500 per day and feels it is a bargain. We have a $600 credit with the Foraker Group. Logistics are up for discussion- all day, 2 evenings, etc. Mr. Gease asked Ms. Nelson if she liked Dennis McMillan. She said she did and felt he would be good for this purpose. Ms. Legg and Ms Ragan both prefer 1 day and so did Mr. Braun and Mr. Malston. Tuesday Feb. 4th was set for a 1-day seminar. Some networking can be done prior to the workshop in order to make meeting more productive. 2. Discuss formation of 501 (c) 3 for museum services' At the Foraker Group training, Mr. Gease asked about setting up this status. It allows us to apply for grants and also to set up a fundraising vehicle similar to Friends of the Library. We can set it up as a subsidiary under the existing 501 (c) 6 or set it up as a stand-alone. Mr. Gease recommended the former. Ms. Tarr didn't like the latter which would require a separate board. At the Pratt Museum, they had problems with a separate board because they developed their own vision that departed from that of the Museum. The (c) 3 status allows donors to get a tax write-off. Mr. Gease recommended that we get legal advice from an attorney for the proper way to set up the subsidiary. Possibly someone in the Foraker Group could direct us. Mr. Braun believes it is the consensus of the board for Mr. Gease to move forward with the research for this option. There is a 3-year moratorium for the new (c) 3 group to go into gaming. It will also have to be organized so that we can have a membership structure because we need 25 members in order to be eligible for gaming. Rasmussen grants - mostly for infrastructure but an organization can only apply for one project per year. One thing for next year's show - it's already filled - 45 artists - need to re-do walls - build sheet-rock walls and reclaim the panels. We will need them for the show and they are much more expensive than sheet-rock. Mr. Braun asked for a motion to move forward with the formation of the 501(c) 3. Mr. Malston moved and Mr. Fulton 2nded the motion. Ms. Nelson asked about getting a donation status while the application is in. Mr. West wanted to clarify that the Board is directing Mr. Gease to seek the advice of an attorney for the next Board meeting. The motion was approved unanimously. G. Executive Director's Report: Ms. McKenney reported on the tax status and indicated that we are probably ready for a certified audit. Mr. Braun requested that we try to get it into the budget for 2003 and get it done as soon as possible. Mr. Gease discussed some of the options for budget presentation. We will probably advertise for $2500 in the art collector's magazine Wildlife Art. Mr. Wartinbee, the Curator for our 2003 Summer Show, is very enthusiastic and Mr. Gease would like to request that he do this show every other year. We make a lot more money on the nationally-known artist show than the local contemporary shows, although we still want to provide a venue for both. Mr. Gease asked for direction from Board pertaining to KPTMC involvement. Visitor assessment fees (bed-tax) would have to be Borough-wide from any facility where someone would spend the night- hotel, B&B, or campground. This is so visitors pay for some of the maintenance of visitor facilities. This money would go for marketing, visitor services, and infrastructure. The 4 members are already there, so how does the Board see us interacting in this group. We are basically facing the same issues that we will have when it comes to a bed-tax. Mr. West reasoned that the name 'visitor assessment' is not favorable- it is better to educate and call it bed-tax and have someone from Mat-Su come down and educate on their success. Mr. Malston felt that a split of the bed-tax to all the communities is a fair way to use the money. Mr. Fulton commented on the KP Heritage Research Institute and indicated that there would be a lot of interest and cooperation. Mr. Gease reported that we would be meeting Dec 9th with Oilers about setting up the MBP with a 60/40 split. Wants to make sure he has board approval to make that agreement. The Board granted him the authority to move forward with this arrangement. H. Board Comments- Ms. Ragan - thanked Ms. McKenney and Mr. Gease for their hard work. I. Schedule of Next Board Meeting: December 16, 2002, 5'30p.m. J. Adjournment- the meeting was adjourned at 7:45 p.m. TO' _ _ KENAI MAYOR AND CITY COUNCIL MEMBERS FROM: RICKY GEASE, EXECUTIVE DIRECTOR, KENAI CVB DATE: December 12, 2002 RE UPDATE FOR THE KENAI CVB AND THE KENAI VISITORS AND CULTURAL CENTER Kenai CVB' The next board meeting of the Kenai CVB is scheduled for Monday, December 16, at 5'30 pm. Two new board members were elected to the Kenai CVB Board of Directors this month- Sharon Brower of the Grouchy Old Woman Bed and Breakfast and Jacquie Steckel of the Red Cabin Bed and Breakfast. New state of Alaska gaming regulations will come into effect January 1, 2003. The Kenai CVB and the Peninsula Oilers have formed a multi-beneficiary permit called "OLD TOWN BINGO." The MBP will operate out of the Peninsula Oilers bingo hall, starting January 1, 2003. At the last board meeting, the Kenai CVB Board of Directors agreed to move ahead in forming a subsidiary 501 ( c ) 3 non-profit organization to assist in fundraising for museum services at the Kenai Visitors and Cultural Center. The 501 ( c ) 3 stares will allow for tax deductible charitable donations to be made to the Center from individuals and foundations. Currently the Center does not apply for funding from private foundation as the Rasmussen Foundation, nor does it have a friends group of individual donors outside of the basic Kenai CVB membership. The Kenai CVB will hold a strategic planning on February 4, 2003 at the Center, with facilitation by the Foraker Group. The planning session will focus on destination marketing and operations at the Kenai Visitors and Cultural ~Center In cooperation with the Kenai Peninsula Borough EDD, the Kenai CVB will host a peninsula- wide conference with chambers / CVB's at the end of February to discuss the need for research into basic economic factors in peninsula tourism, such as a visitor profile study, a tourism business profile, a travel infrastructure profile, and a DMO strategic marketing profile. The Kenai CVB has received grant funding through Kenai Peninsula College and the Kenai River Council on the Arts to establish a new arts website, www.artskenai.com. The website will feature a peninsula-wide artists directory, an on-line exhibition gallery and a calendar of events. The artists directory will feature artists, art educators, arts businesses and arts associations. The online gallery will initially feature exhibits from the Kenai Visitors and Cultural Center, Kenai Peninsula College and the Kenai Fine Arts Center. The Arctic Winter Games International Committee will be visiting Kenai on Friday, January 17, 2003. The eight-hour site inspection is the last step in the bid process, with an announcement coming the following week. The Kenai Peninsula bid committee will be showcasing the region's sport and cultural facilities. The committee arrives at 10'30 am at the Kenai Airport and will tour all day, with an evening reception from 6 - 8'00 pm at the Kenai Visitors and Cultural Center. Preliminary indications are that the Kenai Peninsula has an excellent shot at winning the bid for the 2006 Arctic Winter Games - and the site inspection will be a crucial aspect of the International Committee's decision. The Kenai CVB is working on its budget for 2003. The new budget will be presented in a program / cost center approach, with cost centers for Kenai CVB, KVCC visitor services and KVCC museum services. Kenai Visitors and Cultural Center Two new exhibits are up in the cultural center: "Arctic: Solo Images by Robert Glenn Ketchum" and "Cook Inlet Commercial Fisheries - Solo Images by Pat Dixon." Both will be on display through the end of January. Dana Woodard, curator of the permanent collection, is supervising a database management grant from the Alaska State Museum. Jarod Urban was hired for the fall to input data into the Center's museum collections database, including images and condition repons for all objects in the city of Kenai permanent collection. There are over 3,000 objects in the collection. Posters and postcards for next summer's featured exhibition "Alaska 2003' A Celebration of Wildlife Art" will be available in January. Guy Coheleach, an internationally renowned wildlife artist, has donated the image use of his new painting "Tundra Swans." At this point, over forty state, national and international wildlife artists are confirmed for the show, with a large presence from the three main national wildlife art houses - Mill Pond Press, Wild Wings and Hadley House. There will be a memorial celebration in the exhibit to honor Fred Machetanz, who passed away earlier this year. First Thursday art events in the central peninsula continue to pick up steam. Over 80 people attended the First Thursday viewing of"Bob's Shorts" at the Center. Also featured were selection from "The Politics of the Past: A Collection of Alaskan Political Media 1950- 1992," a new film collection from the archives of AMIPA, the Alaska Moving Image Preservation Association. Over fifty people attended a Saturday lecture / video presentation "The Body Language of Bears" by Dr. Steve Stringham. He presented his experience of over 30 years of studying the habits and manners of Alaskan brown bears, and decoded their body language through video shots he has made through the years. AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u ~ 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 .~so¢iation State Competition, Small Varsity Division. 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~ L~'-GISLATORS AND_ COUNC!~ ITEM D: PUBLIC. HEARINGS , Ordinance No. 1978-2002 -- Increasing Estimated Revenues and Appropriations by $203,671 in the Street Improvement Capital Project Fund. . Resolution No. 2002-76 -- Closing the 1974 Debt Service Fund. e 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 I~.PORTS . Council on Aging 3. 4. 5. 6. 7. ITEM F: . ITEM G: ITEM H: ITEM I: . . e , , 6~ e ITEM J: ITEM K: Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zomng 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. CORRESPO~ENCE 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 9.3.55 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. REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council F.013gCUTIVE SESSION- None Scheduled ITEM M: ADJOURKMENT KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 4, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBE~ VICE-MAYOR JAMES BOOKEY, PRESIDING http://www, ci.kenai, ak.u s MINUTES ITEM A: CALL TO ORDER Vice-Mayor Bookey called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Vice-Mayor Bookey led those assembled in the Pledge of Allegiance. A-2. Roll Call Roll was taken by the Deputy Clerk. Present: Jackman, Bookey, Swarner, Moore, Porter, Bannock Absent: Williams A-3o AGENDA APPROVAL MOTION: Councilwoman Swamer MOVED to approve the agenda as presented and Councilman Moore SECOI~ED the motion. There were no objections. SO ORDERED. A-4o CONSENT AGENDA MOTION: Councilwoman Swamer MOVED to approve the consent agenda as presented and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) PROCLAMATION: KCHS Cheerleading Squad - State Champions/Spirit Coaches ~sociation State Competition, Small Varsity Division. Vice-Mayor Bookey read and presented the KCHS cheerleading squad a proclamation in congratulations for wiring the State Championship in the Small Varsity Division. In addition, Bookey congratulated Coach Kelly Gifford for being named Coach of the KENAI CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 2 ). Year. The squad performed a brief cheer and the meeting took a break for cake and refreshments. BREAK: 7:10 P.M. BACK TO ORDER: 7:25 P.M. Jeff Sinz, Kenai Peninsula Borough -- Amendments to Kenai Peninsula Borough Sales Tax Ordinance. Sinz presented the Council with a summary of the sales tax committee suggestions, the ordinance itself, and a summary listing of each specific change, which served as a guideline to the PowerPoint presentation outlining amendments to the Kenai Peninsula Sales Tax Ordinance (ORD 2002-391. Sinz provided a history of the Kenai Peninsula Ordinance and stated there had been 91 individual ordinances since it became effective on July 1, 1965; 48 of those ordinances had been enacted, though many attempts have been made to take a broad look and make significant revisions. The reviewing committee was appointed by then Assembly President Navarre and is comprised of three Assembly members and three borough administration representatives who proposed fifteen changes to the ordinance. The following proposed amendments were discussed by Sinz: 5.18.140 Clarifies the Mayor has authority to determine appropriate application of fees. 5.18.200 A Clarifies that the health care exemption applies to human health care and prescriptions for human by persons. 5.18.200 (A) (17) Establishes exemption for childcare and adult daycare services. Eliminates current unnatural competition between for-profit and not-for-profit entities. 5.18.200 (A) (18) Clarifies exempt status of services performed under warranties and service agreements. 5.18.200 C. Limits tax exempt seller status on 50 l(c) corporations when competing with for-profit entities. Requires all exempt 501 (c) sellers first be approved by borough. 5.18.210 Makes lodging and meals eligible for resale treatment. KENAI CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 3 5.18.225 To reduce cost of owner/builder card from $200 to $100 and to make services exempt when purchased with owner builder card. 5.18.240 Requires that resale card recipients be in full compliance with all provisions of sales tax code. 5.18.400 B. Clarifies that vending machine sales are taxable on a per transaction basis. 5.18.420 & 430 Clarifies tax rate on installment sales and vehicle leases is that in effect at time of sale. 5.18.430 Tax services based on the invoicing practice of the provider. 5.18.430 & 900 Tax recreational sales on a per person per day basis. 5.18.450 Clarifies the point of sale of goods is generally the retail outlet from which they were sold. 5.18.500 Makes quarterly filing the standard and increase flexibility of administration to approve business specific sales tax return filing schedules. 5.18.900 Definitions added and/or amended to provide clarity. (Utilities, recreational sales, vending machines). Added Amendment' Sales of all newspapers are tax-exempt within Borough regardless of method of purchase. Areas not changed at this particular time included a seasonal sales tax, 5% Borough tax change, utility exemptions, food sales exemptions, alcohol and tobacco sales made by non-profit organizations taxable, and rental exemptions. Councilman Moore inquired as to the criteria required for a corporation to be classified as a 501 (c). Sinz replied the Borough will be developing policies for this issue, but some criteria will involve reviewing the fundraising activities of the organization and the degree of competition with for-profit entities. Councilman Bannock requested additional information regarding 5.18.200 (A) ( ! 8). Bannock was specifica/ly inquiring about the last line reading "An!d portion of a repair paid by the customer through a deductible or other means is not exempt under this section." Bannock stated this new addition hinders the clarification effort as a different rate of tax could potentially be paid; additionally, he wondered why the deductible was an issue. Bannock stated he felt this was inequitable. In response to KENAI- CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 4 Bannock, Sinz stated he would be happy to reconsider the verbiage and content of this amendment and that the true intent was to prevent double taxation. Sinz encouraged Bannock to discuss this issue with him. Councilwoman Swarner asked when these amendments would come into effect and was told the original target date was January 2003, but due to revisions and other reconsiderations the new target date is April 1, 2003. Swarner also inquired about the cap issue and was told the Borough intends to investigate a cap increase in the upcoming months. B-2o Jam~s C~rt~r, Economic Development Council -- Economic Outlook Forum D~c~mb~r 6 ~ ?. Carter provided the Council with an agenda and schedule for the Economic Outlook Forum and invited all to attend on December 6 & 7 at the Kenai Peninsula College. Carter reminded the Council that last year the city helped cover some of the expenses of the Forum and if such help could be offered this year, the EDD would be very appreciative. Carter stated many topics will be covered this year to help small businesses gain a better knowledge of small business needs and to better understand and aid in the creation and education of starting and sustaining businesses in the Kenai area. Carter stated providing forums provides very useful insight to community needs. I?EM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND_ COUNCILS Assemblywoman Glick stated she had nothing new to report; the next Assembly meeting is December 10, 2002 and a report on that meeting will be provided at the following Council meeting. ITEM D: PUBLIC HEARINGS D-lo Ordinance No. 1978-2002 -- Increasing Estimated Revenues and Appropriations by $203,671 in the Street Improvement Capital Project Fund. MOTION: Councilwoman Swarner MOVED to approve Ordinance No. 1978-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. ICENAI CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 5 VOTE: Jackman Yes Swarner Yes Bannock Yes Williams Absent Moore Yes Booke¥ Yes Porter Yes MOTION PASSED UNANIMOUSLY. V-2o Resolution No. 2002-76 -- Closing the 1974 Debt Service Fund. MOTION: Councilman Moore MOVED to approve Resolution No. 2002-76 and Councilman Bannock SECONDED the motion. There were no public comments. Councilman Moore asked Finance Director Semmens to explain the proposed resolution. Semmens stated this debt service fund was established to pay on a bond issue financed in 1974. To date, all but the assessments have been paid but will be covered when the area is sold. Closing the debt service fund will present no impact to the city whatsoever. VOTE: Jackman ,, Swarner Yes Yes Bannock Yes Will/ams Absent Moore Yes Bookey Porter Yes Yes MOTION PASSED UNANIMOUSLY. D-3o Resolution No. 2002-77-- Closing the Dock FaciLity Fund. MOTION: Councilwoman Swarner MOVED to approve Resolution No. 2002-77 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. Resolution No. 2002-78 -- Transferring $8,800 in the Airport Terminal Enterprise Fund for Elevator Equipment. KENAI' CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 6 MOTION: Councilwoman Jackman MOVED to approve Resolution No. 2002-78 and requested U~AKIMOUS CONSEI~T. Councilwoman Swarner SECOKDED the motion. There were no objections. SO ORDERED. ITEM E: ,, COMMISSION/COMMITTEE RRPORTS E-1. Council on Aging-- Councilwoman Swamer stated the next Council on Aging meeting would be held at 10 a.m. December 5, 2002. E-2. Airport Commission -- Councilwoman Jackman reported the minutes from the last Airport Commission meeting were included in the packet and the December 12, 2002 meeting will be held at the new Airport Operations Facility. E-3. Harbor Commission -- Vice-Mayor Bookey reported the next Harbor Commission meeting is scheduled for December 9, 2002. E-4. Library Commission -- Councilman Moore reported the following: · Library circulation is up 13% compared to last year. . The Open House is scheduled for December 12 from 4-7 p.m. . Writers Night is scheduled for March 6, 2003. · The Library Commission discussed its plans for planning a visioning session which would invite suggestions from the community, commissioners, and all who are interested in providing input to how, and in which areas, the library should focus. Moore stated Library Director Jankowska would be making arrangements for this work session (tentatively planned for January 2003). Moore will inform the Council when additional information is known. Parks/h Recreation Commission -- No report Planning/is Zoning Commission -- No report E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Councilwoman Swarner requested Council cancel the December 10, 2002 Beautification Committee meeting; there were no objections. Thc next re~larly scheduled Beautification meeting will be February 11, 2003. Kenai Convention/is Visitors Bureau Board -- No report E-7¢. Alaska Municipal LeaEue Report -- No report KENAI' CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 7 E-7d. Kenai Chamber of Commerce -- No report ITEM F: MINUTES F-1. Kenai City Council Work Session of November 4, 2002 -- Approved by consent a§enda. F-2o agenda. Regular MeetinE of November 20, 2002 -- Approved by consent ITEM G: CORRESPONDENCE-- None ITEM H: OLD BUSINESS-- None ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Moore SECONDED the motions. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swamer MOVED to approve purchase orders exceeding $2,500 and Councilwoman Jackman SECONDED the motion. There were no objections. SO ORDERED. I-3o Ordinance No. 1979-2002 -- Increasing Estimated Revenues and Appropriations by $195,153 in the General Fund or Transfer to the Debt Service Fund. Introduced by consent agenda. I-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. Introduced by consent agenda. KENAt~ CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 8 Ordinance No. 1981-2002 -- Increasing Estimated Revenues and Appropriations by $12,223 in the Council on Aging Fund for Purchase of a Vehicle. Introduced by consent agenda. 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. Introduced by consent agenda. I-7o Approval-- Special Use Permit/Alaska's Best Travel-- Lease of Airport Terminal Office Space, Space 34A. Councilman Bannock stated this request seems to be a special situation, with only half of the space available being used. Airport Director Cronkhite stated the back half is not in use, but the renter agrees to partition off the area in the event the other half of the space is rented. MOTION: Councilwoman Jackman MOVED to approve the specie use permit/lease of airport terminal office space, space 34A and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. ITEM J: REPORT OF THE MAYOR Vice-Mayor Bookey reported the following: Regarding the invitation to area legislators to meet with the Kenai City Council prior to their leaving for Juneau, Council requested Tuesday, January 7, 2003 as the meeting date. · Regarding a joint work session and dinner with the Soldoma City Council, the Kenai City Council agreed on providing January 16, 20 or 23 as options for meeting. ITEM K: ADMINISTRATION REPORTS K-1. City Manager-- Manager Snow reported the follow/ng: · A Corps of Engineers meeting was held earlier in the day and a baseline survey on invertebrates, plankton, birds, etc. was discussed. The Corps has ~NAI CITY COUNCIL MEETING DECEMBER 4, 2002 PAGE 9 formulated a tentative work plan, which is broken into three studies; biological, hydrology', and sedimentation. Snow stated she felt the Corps is very supportive of City of Kenai administration a.nd the bluff erosion project; though the Alaska Department of Fish and Game seemed less enthusiastic and helpful. X-2o Attorney-- No report City Clerk-- No report ITEM L: DISCUSSION L-1. Citizens Bob Peters, Kenai, stated he too attended the earlier meeting with the Army Corps of Engineers and agreed with Manager Snow's opinion the Corps is supportive of the City of Kenai in general, and the bluff erosion project in particular. Peters continued by stating he perceived the Alaska Department of Fish and Game to be 'stalling' on both the bluff erosion project and the coastal trail project. L-2. Council Swarner-- Stated she agreed with Peter's comments and felt the statement from ADF&G regarding their lack of information on the lower portion the Kenai River could be a tactic used to persuade the city to fund research projects for their use. Moore -- Thanked Komelis and Snow and stated they did a good job in the earlier bluff erosion project meeting. Ja¢ _l~m___an -- No comments. Porter-- No comments. Bannock-- No comments. EXECUT~ SESSION-- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 9' 10 p.m. Minutes transcribed and prepared by: Sharon M. Harris, Deputy Clerk COUNCIL POLICY WORK SESSION NOVEMBER 18, 2002 CITY COUNCIL CHAMBERS 7:00 P.M. GROUP "C" ITEM: CAPITAL IMPROVEMENT PLAN , Unified water district Acquisition of borough land Capital Improvements/General ae Shop replacement Library expansion Recreation park Street improvements/LID assessment allocation Water/sewer projects Erosion Control Other COUNCIL POLICY WORK SESSION NOVEMBER 18, 2002 CITY COUNCIL CHAMBEI~ 7:00 P.M. MAYOR JOHN J. WILLIAMS, PRESIDING Council present: Staff present: Others present: Moore, Porter, Jackman, Williams, Bookey, Bannock, and Swarner Freas, La Shot, Graves, Semmens, Frates, Jankowska, Snow, Walden, Kopp, Dye, Carter, Komelis Kathy Heus, Sarah Carter Williams called the work session to order at approximately 7'04 p.m. opened for remarks of council. The floor was Due to concerns stated by Bookey there were still hard decisions for council to make prior to administration going into the budget season, and direction needing to be made in order that budget review goes smoother than last year's, council discussed creation of a policy statement. The following direction was given: Administration draft the statement and refer it to council for review and modifications, if necessary. · The statement should include the reserve balance target of $4.75 to $5 million. Williams noted, after shaping the statement, council could then go ahead with forming the budget. He noted, capital projects now and forward would need to have the full participation of the community due to no funding being received from the state for sports facilities, shop maintenance buildings, etc. Bookey stated he felt having a policy statement would better inform the public of what the council is trying to do. Porter asked if the policy statement would include raising the mill rate by one mill and Williams answered no, the budget would be balanced without going past the level on the General Fund which may take some tax increases and some cuts in equipment, possibly personnel changes, etc. Council consensus was to go forward with the policy statement. Points of discussion were: · Balance the budget. · Go to a maintenance budget with no major increases or decreases. · Any capital spending determined necessary for the city of Kenai w/Il have to be approved by a bond issue. · Water/sewer rate increase should be considered. · No one program or department will be singled out-- anything done will be across the board (there may be exceptions, but administration will know where those will be) · Basics, i.e. fire, police, water/sewer, streets, etc. need to be funded first. COUNCIL WORK SESSION NOVEMBER 18, 2002 PAGE 2 · Administration will shape the foundation of the policy statement, but final form of the statement will be agreed upon by council. Snow noted, she understood council wanted the policy to be short and to the point and she will email the draft to council for review. Williams stated he wanted to set a separate work session to discuss the employee package as he felt it needed to be discussed separately. He added, he would want to have both administration and employee sides of the discussion represented. Snow noted, the employees had reached a consensus from their discussions and she wanted to provide council with information about their perspective. Discussion followed in which concerns were expressed in having employee representatives involved in the work session as it could be seen as a forum for negotiation; that the process has always been administration presenting employee compensation, etc. with the budget and these discussions could circumvent that process; and that council did not request the employees to discuss pay raises. Snow noted her concern the work session could turn into a negotiation with employees; that it was her intention to give council the budget as has been done in the past; she would specifically ask the representatives of the insurance committee to attend; and because it is an open meeting, anyone could attend. Williams noted, because the employees are the largest portion of the budget and the entire structure of the city is employee-driven, he wanted to hear what caused them to arrive at their decision in regard to insurance packages, etc. as those comments may be important in council's decision-making process. Sem~ens noted, discussion of pay raises came as it was considered part of the whole benefits discussion. W/Il/ams stated, if employees come to the work session and want to address the council, he wants to allow them to speak. He added, it is a work session and he would make sure it did not turn into a negotiation session. Work Session was set to discussion only employee insurance benefits for Thursday, December 12, ~002 at ?:00 p,m, A memorandum about insurance packages/employee benefits will be provided by administration prior to the work session, GROUP "C" ITEM: CAPITAL IMPROVEMENT PLAN Item 1. Unified water district -- Snow reported she had not received a response from the City of Soldotna at this time regarding a joint work session with the Soldotna Council. She will report back to council upon hearing from Soldotna. Item 2. Acquisition of borough land -- A map indicating the subject property was provided to council in their work session packets. Public Works Manager Komelis COUNCIL WORK SESSION NOVEMBER 18, 2002 PAGE 3 noted, because the test water well in that area may not develop, requesting the land from the borough could be delayed. Councilwoman Swarner reported the application for grant in regard to senior housing was approved and this property could be a potential site for an assisted living facility. She requested administration to pursue the donation of land from the Borough to the City with no strings attached for this use. Council had no objections. Item 3. Capital Improvements/General Shop replacement Public Works Manager La Shot reported, because some equipment is now being stored at the new SRE building and building maintenance moved into a portion of the warm storage building, administration was exploring a scaled-back shop or the design of a building that can be developed in phases. La Shot also noted, even with the changes in equipment storage, etc., there is still the issue of vehicles and equipment fitting into the shop for service and that the vehicle hoist may need replacing in the next budget. He added, he believed plans already prepared can be used to formulate a design/build approach. Snow reported Attorney Graves was investigating the possibility of a design-build project. Williams requested Snow to review the new government directives about force account construction projects and would that allow the city to incorporate differential wage levels for in-house work (the city would be the contractor). He also asked that La Shot work with Graves on the issue of design/build projects, administration investigate force account rules and report back to council in February/March with a solid cost estimate that could be placed as a bond issue on the October ballot. Council agreed they felt it was worth exploring, but no decision on whether to go forward with the projects or a bond issue was made. 3-b. Library expansion The possibility of placing bond propositions on the ballot for a library expansion and shop replacement (as separate issues) were discussed. It was noted, the Library Commission has been exploring other funding sources and having a written commitment from council in regard to matching funds would help in their search (wording that could note the city's commitment without tying its hands), i.e. "...it's the city's intention to place a bond issue on the ballot on behalf of the library." It was agreed any proposed bond issues would require a lot of community education. It was also noted, if a mill increase is made, it may be difficult to pass bonds and there may be other ways to approach the projects that might need to be investigated. Consensus was to move ahead with bond issues and let the voters decide on whether the library addition and shop replacement go forward. couNCIL WORK SESSION NOVEMBER 18, 2002 PAGE 4 3-c. Recreation park A memorandum from Parks & Recreation Director Frates was distributed to council at the beginning of the work session. It noted two projects that could be considered as capital improvement projects, i.e. Municipal Park Trail Development Site Improvements and Sport Complex Development {soccer and baseball fields} located at Section 36. He noted both the projects would qualify for Land and Water Conservation funding that will become available in April. Comments from council included concerns Section 36 property would not be able to be used due to the site being a former landf~. Frates indicated it was not known whether additional playing fields within the next four years, however, Municipal Park needed immediate attention. Council consensus was to sidestep the issue of the development of Section 36 due to historical use of the property, etc. Council reviewed the conceptual design for Municipal Park with Frates. Frates noted they were considering phasing the project and continuing the trail system through the gully and tying up at the ball fields. Consensus was to proceed with investigation and application of grants for Municipal park as well as investigating costs for an underground watering system. Also, the Parks & Recreation Commission are to be encouraged to research other property which may be an appropriate site for development of new ball fields, etc. 3-d. Street improvements/LID assessment allocation Komelis reviewed information included in the packet which indicated street improvement projects and funding available for LID projects. He suggested council may want to consider increasing the property owner portion of these types of projects. Because city streets currently need or will need maintenance (chip sealing, etc.), discussion followed regarding maintenance work for city streets. Comments included: · Place a moratorium of 24 months on new street paving projects. · Investigate a street improvement assessment ordinance. · After placing a moratorium on new street paving projects, use the grant funds for only road maintenance. · Develop an assessment procedure for maintenance of currently paved streets, requiring a certain percentage of the costs be paid by the property owners. Administration was requested to investigate special assessments for maintenance of city streets/roads. Council consensus was to leave the current assessment requirements status quo. Water/sewer projects COUNCIL WORK SESSION NOVEMBER 18, 2002 PAGE 5 A brief discussion took place in regard to information distributed to council noting DEC grant funds and matches for water/sewer projects. Komelis was requested to do a review of the water/sewer rates and bring it forward to council within a month or two for further discussion. 3-f. Erosion Control Komelis reported a meeting of permitting agencies would be scheduled for the near future. W~!!~arns noted, tons of rock were being placed in the river by the Corps in response to flood damage. Williams suggested a letter be sent to the Corps asking why the bluff erosion project is not progressing and added, it may be time to politicize the issue and contact the congressional delegation again. 3-g. Other · Porter stated she would like to talk about the assisted living issue and whether the current staff at the Center has time to be heavily involved in the development of a facility. Senior Director Craig stated the Senior Connection was doing the grant and it was not her intention to do more grant writing. · Administration is to develop a policy statement and forward it to council as soon as possible for their review and grooming. A work session has been scheduled for December 12, 2002 at 7'00 p.m. in the council chambers to discuss employee insurance benefits. At a subsequent work session (needing to be scheduled) council needs to discuss maintenance of roads, water/sewer rates, donations and legislative issues. · Swamer noted, at the AML Conference a discussion was held in regard to council/assembly meetings and what can be done to encourage public to feel more at ease to speak before the body. A suggestion was to have a table available for the public to sit at instead of a podium. Council had no objections to making this type of change in the council chambers. ADJOURNMENT The work session adjourned at approximately 10' 10 p.m. Notes transcribed and prepared by: Carol L. Freas, City Clerk Z o~o 0 0 C~ mi Z 0 0 0 0 0 ~ ~ z ~ (.,3 --- n,' Z uJ IJJ Z I-- Z o I ,,,,, z(.> o< w C~ w Suggested by: Administrauux~ CITY OF KENAI ORDINANCE NO. 19 83-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA, ADDING KMC 7.15.035 TO ALLOW FOR THE SOLICITATION AND AWARD OF CONSTRUCTION CONTRACTS BY COMPETITIVE SEALED PROPOSAL. WHEREAS, the Kenai City Code now requires construction contracts over $10,000 to be solicited and awarded by competitive sea/ed bid; and, WHEREAS, there are construction projects where award by competitive sealed bid is not practicable or advantageous to the City; and, WHEREAS, allowing such construction contracts to be awarded by competitive sealed proposal on some projects would be more practicable and advantageous, particularly where such projects could be done as "design build" projects; and, WHEREAS, it is in the best interest of the City to allow the City council to determine when construction projects should be done by a competitive sealed proposal process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.15.035 (competitive sealed proposals for construction) be added to the Kenai Municipal Code as follows: 7.15.035 Competitive sealed proposals for construction. (a) When the City Council determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the City, a contract may be entered into by use of the competitive sealed proposes method. (b) ProposEs shall be solicited through a request for proposals. (c) When the City Council determines that it is advantageous to the City, the City may issue a request for proposals requesting the submission of offers to provide construction in accordance with a design provided by the offeror. (d) Adequate public notice of the request for proposals shall be given in the same manner as provided in KMC 7.15.040(a), provided the --minimum time shall be thirty (30) calendar days. (e) A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, ff any, and a description sufficient to identify the item offered. (f) The request for proposals shall state the relative importance of price and other evaluation factors. (g) As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and Ordinance No. 1983-2002 Page 2 of 2 conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. (h) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (i) Proposals shall be received at the time and place designated in the request for proposals, and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals shall be open to public inspection only after the contract award. However, the City shall issue a notice of intent to award to all responding proposers at least seven (7) days prior to assembly approval. Upon request by a competing proponent, the recommended awardee's proposal shall be opened for review. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of January, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective- December 16, 2002 January 2, 2003 February 2, 2003 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' FROM' DATE' Linda L. Snow, City Manager>/' Cary Graves, City Attorney u~/ Jack La Shot, Public Works Manager Robert C. Springer, Building Official Keith Kornelis, Public Works Manager November 26, 2002 SUBJECT' Design Build Attached is what the State of Alaska Department of Community and Economic Development has to say about Design Build. They list some a~vantages and disadvantages. In most cases, it would be better if the architect worked for the City instead of the contractor. Many times in the past, the City was in such a hurry to get the building built, we did not take enough time to thoroughly review the preliminary and final architectural drawings before it was bid. KK/jet -4 State of Alaska Department of Community and Economic Development Aprdi 200 ! Chapter Five: Choose a Contracting Method Design-Build A design-build contract is a single agreement with one company to design and build your project. When you make a design-build contract, you are choosing one company to both design and build your project. You may either choose a company you like and negotiate a design- build contract with it, or you may ask several companies to bid on your project. If you get bids from several companies, compare them carefully. This can be difficult, since your project has not yet been designed. Give each bidder your project objectives and preliminary plans. Check each company's references, and be sure to talk to people in other communities where the company has worked. Get some people in your community with contracting or building experience to help you interview the bidders and choose the best one. The key to a successful design- build project is the contractor's ability to put together a team of designers and builders who can work well with each other and with you. When you interview the bidders, talk to the main designers and builders for each company together and make sure they really can work together. You can use different methods of payment for the design and construction parts of a design-build contract. For example, you can contract the design part on a professional fee basis and the construction part on a fixed-price or modified cost-plus basis. If you want to use local workers for the construction part of the project, you might want a cost-plus contract for that part, Offering the contractor a higher fee if he uses local workers and offers training. If you want to do this, be sure to tell your bidders about it when you first ask for bids and let them know how many and what kind of local workers are available. Don't make a design-build contract on a cost- plus basis for the whole project without a guaranteed maximum price. It would be too easy for your project to end up costing far too much money. "Don't make a design-build ._.....: .contract on a cost-plus basiS for the whole p roj ect with o ut a guaranteed .... ~':, '~-".~.~" i; -~ maximum priCe." In many cases, you can hold off on making the construction contract until the design is finished and you're certain that you like it. Be sure that any design-build contract you make allows you to end the contract if you don't like the design. If this happens, you may have to start all over again at the beginning of the design process with another company. PAGE Capital Project Management ADVANTAGES of a Design-Build Contract · You may be able to save time since the same company is both designing and building the project. Your contractor may be able to start ordering materials and scheduling construction work and possibly even start building before the design is completely finished. · Your contracting process is easier than with other contracting methods since you have to make only one major c°ntract. · Communication is easier than with other contracting methods. You have to keep in touch with only one company, and you don't have to worry about two different companies keeping in touch with each other. , , , Cltal~te~' ~'iv~: Choose a Contracting Method DISADVANTAGES of a Design-Build Contract · Since each bidder is offedng a different design, you can't really compare the bids directly with each other. This makes it impossible to choose the best contractor on the basis of pdce alone. · Your contractor profits from designing a build- ing that is cheap to construct, and since he is designing the building, he may not include features in the design that increase the con- struction cost, such as Iow operation and maintenance costs (see Chapter 2 for informa- tion on operation and maintenance costs). An engineer working independently from the builder is more likely to work for the best interests of your community. · Without a completed design, bidders cannot estimate very accurately the cost of building your project so they tend to bid high in order to protect themselves. This means that you may end up paying more for your project with this contracting method. · Some communities do not allow design-build contracts for public buildings because it is so easy for them to cost more than other con- tracts. Check with your local government's legal staff before you choose this contracting method. · If you choose a design-build contractor who is not fully qualified to build your project, there is no other major contractor working on the project to help you compensate. Before you choose a design-build contractor, check with other communities where this contractor has worked and make sure that the designers and buildem on your project am the ones who worked on other successful projects. · If you want to make a fixed-price contract for the design pad of the project, you must be sum to incl~ in your request for bid all the parts of your project that am really important to you. Ofx:e you have made the contract, you prob- ably will not be able to add design features. PAGE Capital Project Management ~ ~' I Suggested by: AdministratJ CITY OF KENAI ORDIN~CE NO. 1984-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.280(c) TO REMOVE THE REQUI~MENT THAT NOTIFICATION OF PUBLIC HEARINGS BE SENT VIA CERTIFIED MAIL. WHEREAS, certified mailings are not required by state law; and, WHEREAS, other cities on the Kenai Peninsula, and the Kenai Peninsula Borough, no longer use certified mailings for public hearing notifications; and, WHEREAS, certified mailings require extra expense; and, WHEREAS, Planning Department personnel can certify that they mailed the notices as required; and, WHEREAS, recipients of certified mailings are often inconvenienced by having to go to the post office to pick up the mailings and sign for them; and, WHEREAS, it appears that sending public hearing notices via regular U.S. mail is adequate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.280(c) if hereby amended to read: 14.20.280 Public hearings and notifications. (c) Property Owner Notification: Notification shall be marled [SENT BY CERTIFIED MAIL] to real property owners on record on the borough assessor's records within a three hundred-foot (300') periphery of the parcel affected by the proposed action. This notice shall be marled not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three (3) public places. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of January, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: December 18, 2002 January 2, 2003 February 2, 2003 CITY OF KENAI PLANNING & ZONING COMMISSION PZ02-67 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KEN~, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 14.20.280(c) BE AMENDED TO REMOVE THE REQUI~MENT THAT NOTIFICATION OF PUBLIC HEARINGS BE SENT VIA CERTIFIED MAIL. WHEREAS, certified mailings are not required by state law; and WHEREAS, other cities on the Kenai Peninsula no longer use certified mailings for public hearing notifications; and WHEREAS, certified mailings require extra expense; and WHEREAS, Planning Department personnel can certify that they mailed the notices as required; and WHEREAS, recipients of certified mailings are often inconvenienced by having to go to the po~t office to pick up the mailings and sign for them; and WHEREAS, it appears that sending public hearing notices via regular U.S. mail is adequate. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.280(c) to read: 14.20.280 Public hearings and notifications. (c) Property Owner Notification: Notification shall be mailed [SENT BY CERTIFIED MAIL] to real property owners on record (~n the borough a~e~sor's records within a three hundred-foot (300') periphery of the parcel affected by the proposed action. This notice shall be mailed not le~s than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notice~ shall be displayed in at least three (3) public places. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11t~ day of December 2002. chaff'man g. l' CiTY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~,r~,t-~ MEMO: TO: Planning & Zoning Commission FROM' Marilyn Kebschull, Planning Administration DATE' October 30, 2002 SUBJECT: Fees At your August 28t~ meeting the Commission discussed public hearing fees and certified mail costs. The Commission decided to recommend that the code be amended to no longer require notices be mailed via certified mail and at a later time review public heating fees. City Manager Linda Snow asked that legal clarification as to whether or not certified mail is required for legal public notice be researched by the Legal Department. Cary Graves was asked for an interpretation and the following is his response: You requested a memorandum regarding whether property owner notification of a public hearing must be by certified mail as now required under KMC 14.20.280(c) or whether notice by regular mail is sufficient. The general role as to such notice is stated in IO1A CJ.S. Zoning and Land Planning #208: As a general rule, notice must be given of applications for zoning or building permits or certificates in some public manner, or to persons who may be interested in contesting the application or whose property rights may be adversely affected. There must be sufficient compliance with a statutory requirement as to the person who must give the notice, and the time of giving the notice; and the latter requirement has been held to be jurisdictional. The notice is not required to be given personally but may be given by posting notice on the property or by publication. The notice must afford an opportunity to a person by the exercise of reasonable diligence to determine if his property would be affected by a Fees Page 2 determination for which application has been made, and to what extent. (Emphasis added and footnotes omitted). McQuillin Mun Corp #25.261 (3rd Ed) notes that, "Due process with respect to the landowners and other interested or affected by the proceeding requires either personal or constructive notice that is reasonably adequate to inform them of the pendancy of the proceeding" (Foomotes omitted). While the above authorities do not require both mailing and publication, it is common to do so. For example, AS 29.40.130 sets out the requirements for a platting alteration or replat. It requires publication and mailing, but does not require the mailing to be certified. In Inniswold-Jefferson Terrace v. L.A. Health, 396 So. 2d 348, 351 (La Ct App 1981), the court held notice of a proposed action by the planning board by regular mail in conjunction with publication was legally sufficient. Based on the authority cited above, it is my opinion that amending KMC 14.20.280 to require notice by publication, posting the property and regular mail to property owners within three hundred feet of the affected parcel would provide legally sufficient notice. Basically, it is the City Attorney's opinion that regular mail is legal notification of a public hearing. Attached is a draft resolution recommending that Council amend the code to eliminate the certified mailing requirement. Unless directed otherwise, a public hearing will be scheduled on the draft resolution. Attachment cit Project IIII I I III IIIII PZ # 02-06 02-14 02-15 02-16 02-17 02-19 02-27 02-28 02-29 02-30 02-31 02-32 02-34 02-36 02-37 02-39 02-43 iiiii ii ii i i 02-48 02-55 02-60 02-61 02-68 # of Mailings 2 72 10 14 22 13 2g 12 32 2& 11 28 20 13 27 14 20 4 2& CERTIFIED MAILING COST _ _. Cost per Total # of Notification Cost Returns $4.17 $25.02 $4.17 $8.34 $4.17 $300.24 $3.94 $39.40 $4.40 $61.60 $2.44 $53.68 $4.17 $54.21 $3.94 $114.26 $3.94 $47.28 $4.17 $25.02 $3.94 $126.08 $3.94 $102.44 $3.94 $43.34 $3.94 $110.32 $3.94 $78.80 $4.17 $54.21 $4.42 $119.34 $4.42 $39.78 $4.42 $61.88 $4.65 $93.00 $4.65 $18.60 $4.65 $120.90 Return Cost 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 $15.76 0 0 0 $0.00 , , 6 $23.64 ,, 9 $35.46 0 $0.00 2 $7.88 1 $3.94 3 $12.51 , 0 $0.00 I $4.42 I $4.42 0 $0.00 0 $0.00 0 $0.00 $1,209.46 $108.03 Fees Collected $105.00 $0.00 $0.00 $0.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $105.00 $1,995.00 02-14 02-15 Challenger Dormitory Challenger Oversized Sign 12/12/2002 * City Waived Fee -CITY OF KENAI _ "0il Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: RE: Mayor and City Council Members .~ Linda L. Snow, City Manager [~ December 11, 2002 Local Improvement District- McCollum & Aliak On October 21, 2002, the City received the attached petition requesting an assessment district be formed for the purpose of adding paving and driveways for McCollum Drive and Aliak Drive. As you know, KMC 16.05.030 requires that the petition be signed by fifty percent or more of the owners of properties benefiting by the proposed improvements. There are twenty-five (25) properties involved in the project area, and thirteen (13) of the owners have signed the petition. The cost percentage proposed for this assessment district is 25% of the total actual LID project costs. This is the same percentage designated in Resolution No. 92-26 and the amount used on the four LID projects approved this year. Council may wish to consider revising the percentage cost allocation. Attached for your information is a December 9th revised summary of municipal matching grant program funds, which we have used towards these LID projects. As you can see, from the summary, completion of this project will be contingent upon the receipt and use of 2004 program grant funds. Also attached is the preliminary project cost estimate and the preliminary assessment roll prepared by Keith Komelis and based on the square footage of each lot. Since the lots are irregularly shaped, however, Council may want to basing the preliminary assessment roll on linear footage or some other method. Financing of the project is proposed as follows: Municipal Matching Grants Program (70%) Property Owners' Assessments (25%) General Fund Contribution (5%) Total Estimated Costs $234,500 83,750 16,750 $335,000 Actual project costs will be assessed after completion of the project. The Administration agrees with the scope of the improvements to include grading and backfill, drainage, paving (including paving driveways to the property/right-of-way), topsoil, seeding, and signage. Paving in this LID will result in reduced road maintenance and dust control costs. Also attached for your review is a memorandum from Keith Komelis, containing information for the required public hearing. If there is no objection at this time, a Resolution to set the public hearing date will be prepared for the regular City Council meeting of January 2, 2003. According to KMC 16.10, Council will not consider a Resolution to Direct or Terminate the Continuation of the project until the actual date of the public hearing. Z, 1101 1103 11 ~V'O. F( XoAVE 1103 5z~t~o T. GOV'T. LOT 9 ek~:,~,,,~~° P. 2 c. + Sus~.,~ GRACE BRETHREN REPLAT #2 4~ ,?' OF _/ October 18.2002 Attn: Cirv Clerk City. of Kenai 210 Fidalgo Avenue. Suite 200 Kenai. AK 99611 RE: Petition for Paving of McCollum Drive and Aliak Drive Dear City Clerk. Following is a signed petition for "Paving of McCollum Drive and Aliak Drive". where · we have obtained over the 50% of the required siunatures for submittal to the City Council Members tbr their approval, per KMC I~.05.030. We have also attache~l a highli,,ht plat as part of this packet. The improvements being requested are tbr paving and drivewavs tbr McCollum Drive. and paving and driveways for Alia& Drive. ' We would like to request this Petition be sent to Citw Council and upon their approval receive a resolution from the City Council initiating an improvement proposal, per KMC 16.05.040. We look forward to hearing from you soon. regarding when this will be submitted to the City. Council for consideration. Thank you for your time and attention in processing this request. Regards, Susan Wilcox 416 McCollum Drive Kenai, AK 99611 ATT~:~.~HMENT __,o.F & __ o e~ N N DRAFT ii i ii i i McCollum & Aliak LID , PRELIMINARY COST ESTIMATE (Revised) , 12/9102 KK , ,, , Units Est. Quantity Unit Price Total Clearing & Crubbing LS 1 1,000.00 '1,000 Unusable Excavation CY 800 7.98 6,384 Type I Classified Fill & Backfill CY 1,100 13.20 14,5'20 Leveling Course SY 9,200 '2.20 20,240 Construct Road' Approach EA 7 750.00 5,250 Construct Driveway Approach EA 27 300.00 8,100 2 "AC Pavement sY 8,000 9.00 72,000 Reconstruct Ditches LF 5150 3.00 15,450 Drainage Improvements LS I 4,000.00 ' 4,000 Replace Damaged Culvert LF 450 26.00 11,700 CMP .End Section EA 68 ' 242.00 16,456 Topsoil MSF . 50~ ' 250.00 12,500 Seedin9 MSF 50 100.00 5,000 Remove & Relocate Signs EA 10 110.00 "'1,100 Traffic Maintenance . LS . . I 3,000.00 3,000 Existing Utilities in Const. Zone LS I 5,000.00 5,000 Mobiliazation & Demobilization LS I 101000.00 10,000 Fome Ac ~count Work LS I 10,000.00 10,000 ~Basic Bid~1,700 'Contin~lency (20%) 44,340 Basic Bid Plus Cont. ' . 266,040 , , BASIC ESTIMATE Administration ..... 3,000 3,000 Right of Way issues . 20,000 ' 20,000 E. ngineering Design (10%) 26,604 ' 27,000 Inspection (7%) 18,623 19,000 Construction 266,040 266,000 , TOTAL , 334,267 335,000 , , Prepared by Keith Komelis 12/1012002 Page I DRAFT _ ' PRE-BID pRELIMINARY ASSESSMENT RoLL ' ' _' McCollum & Alaik Pavin LID *******Based on property ownem paying proportionally based on square footage*~'~ Below c_~_~ am estim~t~ - final co~t will I~ bas~l on the actual c~t of the project. properties to be assessed: See Property Owners Spread Sheet '~ KPB 25% KPB 100% of UD 25% of LID  OWNER ACRE Square Feet % of'Total Ass. $ Ass. $ Est. $ Est.$ " MCCOLLU"~"'-"~~" 1.1'"'-"'~ 48,35'~'"~~ 0.05346~ 138,50'~"'"'~~ 34,62'~~-~~' 17,91'~~" 4,47'~"'"~~' 2 STUART 0.90 39,204 0.043353 93,600 23,400 14,523 3,631 3 ESPY 1.13 49,_223 0.054432 84,200 21,050 18,235 4,559 ., 4 RHODES 1.88i 81,893 0.090559 ' 89,000 22,250 30,337 7,584.. 5 QUADE 0.63 27,443 0.030347 103,300 25,825 10,166 2,542 6 KPB 2.55 111,078 0.122832 84,000 21,000 41,149 10,287 7 KPB 0.52 ~,651 0.025048 35,000 8,750 8,391 2,098 8 HOLMES 0.31 13,504 0.014933 110,500 27,625 . 5,002 1,251 9 WRIGHT 0.31 13,504 0.014933 95,000 23,750 5,002 1,251 10 SCHMIDT 0.31 13,504 0.014933 11,200 2,800 5,002 1,251 11 FERRFLL 0.31 13,504 0.014933 65,800 16,450 5,002 1,251 · 12 WHITESIDE 0.29' 12,632 0.013969 66,300 16,575 4,680 1,170 13 QUADE 0;_29 12,632 0.013969 11,200 2,800 4,680 1 ' 170 14iWILCOX 0.42 18,295 0.020231 112,400 28,100 . 6,771 1,604 15 GRACE BRETHREN 3.51 152,896 0.169075 114,100 28,525 56,640 14,160 16 RAPP 0.42 18,295! 0.020231 10,100 2,525 6, ~i? 1 17 MARQUIS 0.29 12,632 0.013969 89,000 22,250 ' 4,680 "'i.. 18 HUGHES 0.28 12,197 0.0134871 62,700 15,675 4,518 1,i30 i9 FOSS 1.241 ' ' 54,014 0.059730 78,100 19,525 20,010 5,002 20 KFNAI LIONS CLUB 0.11 '4,792 0.005299 700 175 1,/75 . 444 21 $7,ABO 1.00 43,560 0.048170 68,700 17,175 16,137 4,034 ~2 BU77ELL 1.50 65,340 0.072254 197,600 49,400 24,205 6,051 23 LORENZO 0.88 38,333 0.042389 73,000 18,250 14,200 3,550 24 ;WILBERT ' 0.28 12,1971 0.013487 16,300 4,075 4,518 11130 25 KlSSEE 0.29 12,632 0.013~9 92,900 23,225 4,680 . 1,170 TOTAL 20.76 904,306 1.000000 335,0~)0 j 83,750 , , Administration 3,000 Muni Match Grant (70%) . 2~,500 Right of Way Issues 20,000 General Fund (5%) . 16,750 E_rtgineefing 46,000 Property Owners (25%) 8'3,750 : Construction 206,000 TOTAL , 335,000 'TOTAL 335,000 , , , , , , o ,, , Prepared by Keith Kornelis 12/10/2002 INFORMATION FOR PUBLIC HEARING TO: Linda Snow, City Manager Carol L. Freas, City Clerk Larry Semmens, City Finance Director FROM: DATE: RE: Keith Komelis December 9, 2002 McCoHum & Aliak Paving LID The following information is for the Notice of Public Hearing as per our KMC 16.10.04: SUMMARY OF, THE IMPROVEMENTS This project is to provide road and drainage improvements to McCollum Drive, (north of the Kenai Spur Highway) and Aliak Drive, (from McCollum Drive east to the Kenai Spur Highway). The improvemems include engineering design and inspection, excavation, grading and backfill~ leveling course, drainage improvements, asphalt paving, topsoil and seeding, and signage. DESIGNATION OF TltE PROPERTIES TO BE ASSESSED Attached is "McCollum & Aliak Paving LID- 2002". This is for the McCollum & Aliak Paving Local Improvement District. It designates the property owners name, KPB assessment parcel #, size of thc lot, assessed value of thc land and structure, and both the physical street and the legal address. pURPOSE OF TFIE PUBLIC HEARIN,G The public hearing is to determine the necessity for the proposed local improvement district, LID. The City Council will hear all interested persons favoring or opposing the LID and shall consider all written objections filed. TIME AND PLACE FOR,PUBLIC ItEARING The public hearing is going to be on ~ . at at the Kenai City Council Chambers. ,WHERE TO FIND TIlE PRELIMINARY ASSESSMENT ,ROI,I, The preliminary assessment roll is on file with the City Clerk. MANNER AND METHOD OF MAKING WRITTEN PROTEST OR I I I II OBJECTION Objections to the LID plan may be filed in writing with the City Clerk until, but not on, the date of the public hearing. The City Clerk shall presem to Council at the time of the hearing, all objections filed in writing. Page 1 of 1 ATTACHMENT ~.; PAGF..~~/_.._. OF, ,,/ .... o .... CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM:("~ DATE: aIe Mayor John J. Williams and City Council Members Cary R. Graves, City Attorney December 13, 2002 Rental Car Fees and Taxes The Council requested I prepare two ordinances for discussion. One was to be for an off-airport rental car fee and the other for a citywide rental car tax. Both are attached to this memorandum. Ie Off-airport rental car gross receipts fees have long been the subjects of controversy (and litigation) nationwide. The general role is that they are fees (not taxes) and a valid method for an airport to preserve revenue, narrow the competitive gap between off-airport and on-airport companies, and fund airport construction and operation. Jacksonville Port Authority v. Alamo Rent-A-Car, Inc., 600 So.2d 1159 (Fla. App. 1st Dist. 1992); Alamo Rent-A-Car, Inc. v. City of Palm Spring, 942 F.2d 629 (9th Cir 1991). While such fees are legal, it is obviously a policy call for the Council on whether to implement such a fee. To charge an off-airport rental car fee, there must be a direct connection (nexus) between the airport and the transaction. For example, in the draft off-airport fee ordinance, the rental car customer or rental car must be picked up or dropped off at the airport by the rental car company for the fee to apply. Revenue from transactions subject to an off-airport rental car fee (i.e. with a nexus) would go to the airport. Off-airport rental transactions not directly connected to the airport (i.e. without a nexus) would not be subject to the fee. The on-airport rental car companies pay $1.65 per square foot of space and 10% of gross revenue to the City. The 10% gross revenue fee is a significant portion of the Airport Terminal Fund. The budgeted fund revenue for FY2003 was $379,900. Of that, $150,000 (about 40%) came from the 10% gross revenue charge. Airport Terminal Fund expenses are estimated to be $469,182. Retained earnings of $39,292 had to be used to balance the fired budget for FY2003. My understanding is that the retained earnings contribution is expected to go up in the future. Mr. Semmens can give you a more in-depth analysis of the Airport Terminal Fund. Mayor John J. Williams and City Council Members December 13, 2002 Page 2 of 2 Many airports, such as Phoenix and Missoula, charge an on-airport gross receipts fee of 10% and an off-airport fee of 7% to reflect the fact that while off-airport companies derive a benefit from their airport use, it is less than that derived by on-airport rental car companies. II. Also included at the Council's request is a citywide rental car tax. That tax would cover any vehicle rental within the City of Kenai. Its proceeds would go to the general fund. Like the bed tax Kenai used to have, it would be implemented and enforced by the City of Kenai rather than the Kenai Peninsula Borough. Since 10% of the gross receipts for on-airport car rentals equal about $150,000, I am assuming gross receipts for all on-airport rental car receipts are about $1,500,000. I don't have an estimate for other gross rental vehicle receipts within the City. Using those numbers, 5% citywide rental car tax would generate about $75,000 per annum for the general fund ($1,500,000 x .05 = $75,000) plus 5% of whatever would be generated from other vehicle rentals within the City. The 5% number has no special significance; it is just for illustrative purposes. Please let me know if you have any questions regarding these issue. CRG/sp Attachments Suggested by: Administration CITY OF KENAI ORDINANCE NO. -2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING KMC 21.05.045, ESTABLISHING AN OFF-AIRPORT VEHICLE PERMIT SYSTEM PROVIDING THAT OFF-AIRPORT VEHICLE RENTAL OPERATORS SHALL BE REQUIRED TO ACQUIRE A PERMIT AND PAY A FEE OF TEN PERCENT FROM RENTALS WHERE THE RENTER OR RENTAL VEHICLE IS PICKED UP OR DROPPED OFF AT THE KENAI MUNICIPAL AIRPORT BY THE VEHICLE RENTAL BUSINESS OR ITS AGENT. WHEREAS, City of Kenai is the owner and operator of the Kenai Mumcipal Airport ("Airport") under the authority of the Kenai City Charter and the statutes of the State of Alaska; and WHEREAS, the Airport is financed and managed under policies and practices designed to ensure that it is and will continue to be self-supporting and will not require the expenditure of local tax funds; and WHEREAS, off-airport rental companies are benefiting from the use of the Airport but are not paying a significant and fair share of the costs and expenses of operating the airport; and WHEREAS, off-airport rental vehicle companies do not contribute fees toward the cost of the Airport to an extent equal of the value of the privileges they enjoy or the facilities they use or benefit from; and WHEREAS, at many airports throughout the nation off-airport vehicle rental companies are required to and are paying a percentage of gross revenue fees for the right to conduct airport operations, and the City desires to pattern such fees at the Airport in the same manner; and WHEREAS, for purposes of establishing and fining fees, the City £mds that rental vehicle companies, including off-airport companies, constitute a specific class of business operations dependent on the use of Airport property; and WHEREAS, it is necessary, appropriate and reasonable to establish and f~x appropriate fees for off-airport rental vehicle companies to preserve and maximize rental revenues; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 21.05.045 is adopted to read as follows' KMC 21.05.045 Off-airport Vehicle Rentals (a) To operate an off-airport vehicle rental business on the Kenai Municipal Airport, a person who does not have a concession to operate a vehicle rental business in an airport terminal building must hold a current vehicle rental business permit issued under this section. Operating a vehicle rental business on the Kenai Municipal Airport for purposes of this section means picking up or dropping off a vehicle rental customer by the operator or its agent or leaving a vehicle to be picked up by the customer at the airport or having the customer leave a vehicle at the airport to be picked up by the operator. (b) A person must submit an application for a vehicle rental business permit in writing to the Airport Manager and include a description of the services that the applicant proposes to offer under this permit. (c) The Airport Manager shall approve an application for a vehicle rental business permit unless the Airport Manager determines that (1) The proposed use would interfere with or is incompatible with the safety, maintenance or operation of the airport; (2) The proposed use would result in a violation of applicable law or regulation; (3) The proposed use is inconsistent with sound airport planning. (d) A decision by the Airport Manager to deny an application for a vehicle rental business permit must be in writing. The decision shall state the grounds for a denial. A decision to deny a permit may be appealed to the city council by filing an appeal with the city clerk within thirty days of written notification of the decision. KMC 14.20.290 shall govern the procedure of the appeal. (e) A vehicle rental business permit is not transferable and may not exceed five years. (f) An off-airport business permittee shall pay ten percent of gross sales from rentals derived from the Kenai Municipal Airport. Rentals shall be deemed to have been derived from the Kenai Municipal Airport if the vehicle rental business customer is picked up or dropped off at the airport by the permittee or the permittee's agent or if the rental vehicle is left for the customer to pick up at the airport or dropped off by the customer at the airport. (g) Gross rentals shall mean the value of all charges incurred by the renter, other than the fee prescribed by this section, for the use of a motor vehicle, regardless of whether paid in the form of money, property, or services, except for only the following items if separately stated on the rental contract: Ordinance No. December 12, 2002 Page 3 of 4 -2003 (1) The amount of federal, state borough or municipals sales or other similar taxes separately stated and collected and/or reimbursed from customers. (2) Any sums received from insurance or other settlements for damage to automobiles or other property of the concessionaire, or any charges collected from a customer for damages to the vehicle rented. (3) Any sums received for loss damage waiver insurance (4) Replacement fuel charges. (h) A vehicle business rental permittee shall provide such evidence of insurance coverage for the permittee's operations on the airport as provided for on airport rental vehicle concession holders. (i) A vehicle rental business permittee may park, wait and drop off or pick up a passenger only at premises or in an area the Airport Manager has designated for that purpose. (j) A vehicle rental business permittee may cancel a permit and cease operations at the airport any time on written notice to the Airport Manager. (k) Cancellation of a vehicle rental business permit by the Airport Manager must be in writing~ and state the reasons for the cancellation. Reasons for cancellation are: 1) if the Operator should breach or fail to perform any of the terms, covenants, or conditions of this section or any regulations adopted relating to this section; 2) if the Operator should default in or fail to make payments at the times and in the amounts required under this section or any regulations adopted relating to this section; 3) If the Operator should fail to abide by all applicable laws, ordinances, rules and regulations of the United States, State of Alaska or the City of Kenai. A permittee may appeal a cancellation to the City Council by filing a written notice of appeal to the City Clerk within thirty days notification of cancellation. KMC 14.20.290 shall govern the procedure of such an appeal. (1) The City Manager may, pursuant to KMC 21.05.030, establish rules, regulations and permit conditions regarding an off-airport vehicle business permit. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 2003. · DRAFT John J. Williams, Mayor Ordinance No. December 12, 2002 Page 4 of 4 -2003 ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective' (~2/~2/o2 sp) Suggested by: Council CITY OF KENAI ORDINANCE NO. -2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A RENTAL CAR TAX OF 10% WITHIN THE CITY OF ~NAI. WHEREAS, the city of Kenai currently does not have a rental car tax; and WHEREAS, a rental car tax would provide needed revenue to the general fund of the city of Kenai; and WHEREAS, many communities in Alaska and other states impose a rental car tax to help fund operations; and WHEREAS, Title 29 of the Alaska statutes authorizes home rule municipalities to impose a rental car tax. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.40 entitled Rental Car Tax is adopted as shown in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2003. DRAFT John J. Williams, Mayor day of ATTEST: Carol L. Freas, City Clerk (12/12/02 sp) Introduced' Adopted: Effective: 7.40 Rental Car Tax 7.40.010 Short title. This chapter may be cited as the "Kenai Rental Car Tax." ordinance. 7.40.020 Use of funds. All moneys accumulated under the terms of this chapter shall be deposited by the Finance Director in the general fund of the City of Kenai. 7.40.030 Levy of charge. A consumer's rental car tax of 10% is levied on rental sales of motorized passenger vehicles made in the City. Normally the burden of this charge rests upon the consumer. "Rental sales" means the value of all charges incurred by the renter, other than the tax prescribed by this chapter, for the use of a motor vehicle, regardless of whether paid in the form of money, property, or services, except for only the following items if separately stated on the rental contract or other document invoicing payment: a. Fees from the sale of automobile liability insurance, loss damage waiver insurance, and personal accident insurance; Parking tickets; The amount of any sales tax, so-called "luxury tax," consumer excise tax, sales tax, or other similar tax imposed by the United States, the State of Alaska, or the Municipality; d. Payments received by the rental agency from the renter or the renter's insurance provided for damage to a motor vehicle when the damage was incurred during the rental period; e. Personal property other than items that are permanently affixed to the motor vehicle. Personal property does not include pickup truck shells or campers mounted on the motor vehicle, or trailers designed, constructed, or used primarily for dwelling; f. Fueling charges. be 7.40.040 Tax exemptions. a. The following motor vehicle transactions are exempt from the tax levied by KMC 7.40: 1. Fees and costs paid directly by the United States or State of Alaska or political subdivisions of the State of Alaska insofar as they are immune from taxation; or 2. Fees and costs paid for the rental or lease of a motor vehicle subsequent to the first 30 consecutive days under a single contract; or 3. Fees and costs paid for the rental or lease of a motor vehicle under any financing lease, including direct financing leases and sales-type leases. b. A right of reimbursement to the person renting the motor vehicle from the person or entity entitled to the exemption does not constitute a direct payment. Ordinance -2003 Attachment A Page 1 of 5 C~ Fees and costs received by a person who rems or leases a motor vehicle to a rental agency for re-rent or re-lease by the rental agency for re-rent or re-lease by the rental agency are exempt fi'om the tax levied by KMC 7.40. 7.40.050 Form of return. On forms fimaished by the City, the seller shall furnish the following information, sign the form and certify that it correctly stated the information purportedly set forth: a. Total rentals; b. A substantiation of sales exempt from the charge by virtue of KMC 7.40.030. c. The amount of the rental car tax due; d. Such other information as may be reasonably required; e. Rental car tax forms and their contents shall be confidential and shall not be disclosed by the finance department except: 1. In connection with efforts by the municipality to collect the charge; 2. In response to a subpoena issued by a court of record, state agency or board; 3. In connection with legislative inquiry specifically authorized by the Council; 4. In connection with municipal audits for the purposes of verifying municipal accounting practices; 5. In compilation of statistics and studies by the finance department for public distribution, so long as information from individual businesses is not identifiable as to source. 7.40.060 Registration of rental agencies. a. Each rental car agency conducting business with the City of Kenai shall register with the Finance Director on a form provided by the depam~ent not later than thirty (30) days after the effective date of this ordinance. A rental agency commencing operations after the above date shall register with the Finance Director on a form provided by the department before such rental agency rents or leases a motor vehicle. b. A rental agency engaging in business at more than one location within the municipality shall list each location on their registration application. c. A registration application shall contain the rental agency's' 1. Registered and business name; 2. Physical addresses and locations at which it conducts business; 3. Mailing address; 4. Registered address; 5. Form of business organization and Alaska business license number; 6. All motor vehicles owned or controlled by the rental agency as of the date the registration application is filed, including all motor vehicles for which the rental agency has entered into a contractual arrangement, written or oral, to acquire the vehicles but has not yet taken physical control of the motor vehicle; and 7. Such other information as the department may require. d. Upon receipt of a properly completed application, the Finance Director shall, without charge, issue a certificate of registration to the rental agency. e. A rental agency shall prominently display its certificate of registration to its customers. Ordinance -2003 Attachment A Page 2 of 5 If any of the information required by subsections (c)(1) through (c)(5) of this section changes, the certificate of registration shall automatically expire and, within ten (10) days thereafter, shall be surrendered along with all copies thereof, to the Finance Director for cancellation and issuance of a new certificate. 7.40.070 Procedures on delinquencies. a. Penalty and Interest. 1. If the seller does not file the proper forms and remit the rental car tax then due on the dates designated above, a penalty equal to five percent of the delinquent tax, but in no event less than twenty-five dollars ($25.00), shall be added to the charges for the first month or any pan thereof, and an additional five percent shall be added to the charges due for each month or fraction thereof for delinquency until a total penalty of fifteen (15) percent has accrued. It shall be assessed and collected in the same manner as the charges as assessed and collected. 2. In addition to the penalty provided in subdivision 1 of this subsection, interest at the rate of ten percent (10%) per year on the delinquent charges from the date of delinquency until paid shall accrue and be collected in the same manner as the delinquent charges are collected. b. Written demand and additional procedures. If a seller fails to file the return or make the remittance in accordance with KMC 7.40, the Finance Director shall make written demand upon the seller, mailed to their last known address, for submission of the remm and/or remittance. In the event of noncompliance with the demand, the Finance Director may do any or all of the following procedures: 1. Violation. File a complaint against the seller in the district court for violation of KMC 7.40 with penalties upon conviction not to exceed a five hundred dollar ($500) fine; and 2. Civil Action. Make a rental car tax assessment against the seller, with the assessment based upon an estimate of the gross revenue received by the seller during the period and institute civil action to recover the amount of the assessment plus any penalties, interest, costs and attorney's fees. The estimate of gross revenue shall be derived from past remms of the seller, the general economic level of the business community and, if available, retums of comparable businesses. 7.40.080 Period of Limitation. The amount of any charges imposed under this chapter may be determined and assessed at any time within a period of three years after the tax became due and payable. The period shall begin on the date when a remm is required to be filed. Where no remm has been filed, then the period does not begin to mn until the discovery of the delinquency occurs. No suit or other proceedings for the collection of the charges shall be begun after the expiration of the period. 7.40.090 Rules and regulations. The Finance Director shall from time to time cause to be promulgated roles and regulations as are necessary and advisable to provide for the application and interpretation of this chapter and to submit them to the Council for its adoption or rejection, and to cause to be provided methods Ordinance -2003 Attachment A Page 3 of 5 and forms for reporting and collecting the charges in accordance with this chapter and regulations. 7.40.100 Record keeping. A seller shall retain for a period of three (3) years all of the rental car tax returns, repons, forms, records and supporting schedules as may be required by the City. 7.40.10 Addition and identification of tax. A seller shall add the amount of the rental car tax levied in KMC 7.40 to the selling price. The charge shall be stated separately on any sales receipt or slips, rent receipts, charge tickets, invoices, statements of account, or other tangible evidence of sale. The rental car tax(s) are exempt from the City sales tax provisions. 7.40.120 Rental car tax audits. a. Any seller who has established a rental car tax account with the City, who is required to collect and remit the rental car tax, or who is required to submit a rental car tax remm under the provisions of KMC 7.40 is subject to a discretionary rental car tax audit at any time. The purpose of such an audit is to examine the business records of the seller in order to determine whether appropriate amounts of rental car tax revenue have been collected by the seller and remitted to the municipality. b. The Finance Director shall be responsible for directing that rental car tax audits take place and for selecting the particular sellers whose business records will be audited. c. Rental car tax audits of seller's business records may be accomplished by either an employee of the City of Kenai Finance Department or by an individual or firm under contract with the municipality. d. Sellers selected for a rental car tax audit will be notified by letter and will be required to meet with, and make available for inspection and copying all pertinent business records including income tax returns that may be required for the prior three fiscal years for examination, to the finance department employee, or contractor conducting the audit, within thirty (30) days of notification. Under extenuating circumstances, the Finance Director may grant an extension of time for compliance at the director's discretion. e. After completion of a rental car tax audit, sellers subject to the audit will be notified of the results of the audit by certified letter. If the audit has resulted in an additional rental car tax to the municipality, the additional rental car tax must be remitted to the municipality within fourteen (14) days atter the receipt of the letter, or the additional rental car tax will be considered delinquent and subject to the procedures on delinquencies outlined in KMC 7.40. If the audit has resulted in a refund due the seller, the refund will be made to the seller within fourteen (14) days, or applied to the seller's account, at the seller's option. f. It shall be the seller's responsibility to maintain business records in sufficient detail to substantiate all information reported on the rental car tax returns, including rentals qualifying as exempt from the levy under the provisions of KMC 7.40. If insufficient detail exists within a seller's business records to substantiate the rental exemption, such rents may be Ordinance -2003 Attachment A Page 4 of 5 reclassified as taxable at the auditor's discretion and subject to the rental car tax collection and remittance. g. Any seller notified of an additional rental car tax liability as a result of a rental car tax audit shall have the right to appeal the additional liability to the Council. Such an appeal must be filed with the municipal clerk within thirty (30) days of notification by letter of the liability. If an additional liability is appealed, the accumulation of penalties and interest under the provisions of KMC 7.40 will be suspended on the date the appeal is filed with the municipal; if the appeal is subsequently denied by the Council, all such penalties and interest will be retroactive back to the original date of notification of additional liability by letter. h. Any seller refusing to comply with the provisions of this section shall be subject to any or all of the procedures on delinquencies as outlined in KMC 7.40, including the filing of a complaint against the seller in District Court. ' Ordinance -2003 Attachment A Page 5 of 5 11/27/2002 14' 02 FAX ~002 a SI~ T,g'T~L 5 TtqXi~BLE TOT,qL TDTPi. -* Kenai Police Departn o _. Memorandum From: Date: Re: Linda Snow, City Manager Chuck Kopp, Chief of Police 12/9/02 November 2002 Report During November the Kenai Police Department responded to 538 calls for service. The Communications Center received these 911 emergency calls: 74 police calls, 53 EMS and 36 fire calls. Kenai Police Department personnel provided traffic control for the Christmas Comes to Kenai Parade of Lights. The parade was well attended and received by the general public. No accidents or injuries were reported. Lt. Wannamaker attended a two-day mental health summit in Anchorage. The law enforcement and mental health community discussed criminal justice policy issues pertaining to mental health patients. Officer Jay Sjogren graduated from the Department of Public Safety training academy on November 21, 2002. He has resumed his field training with Officer Kelly George. Officer Aaron Tumage successfully completed field training and was assigned to solo patrol duties as of November 29, 2002. The Kenai Police Department traded a backlog of firearms forfeited to the State by the Court system. The State of Alaska relinquishes interest in firearms to the municipality of jurisdiction. The weapons were traded to Kiesler Police Supply, Inc. (Jeffersonville, Indiana) for new Bushmaster .223 patrol rifles. This is an upgrade improving officer ability to intervene in active shooter incidents inside public facilities such as schools, airports, and department stores. The Kenai Police Department is hosting a patrol rifle class for Peninsula law enforcement agencies the second week of December. This class is sponsored and certified by the Alaska Police Standards Council. The Emergency Communications Center radio equipment upgrade is currently underway. Jack LaShot has provided valuable assistance to Public Safety with his help in coordinating the several vendors involved with the upgrade. The Kenai Police · Page 1 Department will have an "open house" for council members upon completion of the project, which should be done before Christmas. · Page 2 nai Municipal Airport Airport Terminal Parking Lot and Driveway Reconfiguration Project- Phil Bryson presented the second round of drawings to Airport Commission for discussion. Aircraft Handicap Lift: The Airport Manager has secured preliminary approval from FAA Airports Division to utilize AIP grant funds to purchase a lift complying with ADA and Air Carrier Access Act requirements for boarding disabled passengers. Preliminary cost estimates indicate a delivered price of approximately $26,500. FAA funding is available for up to $25,000, leaving the Airport with a cost of $1,500, fifty percent .of which may be reimbursable from the State of Alaska. The Airport Manager and Paul Landis are conducting a final review of specifications and operating costs, while the City Public Works Department is assisting in obtaining final bids from the various manufacturers. The City Attorney and Paul Landis have reviewed a draft Letter of Agreement between the City and Era Aviation and a final version will be ready for the City Manager to review this week. Council can expect a resolution for award of bid in the January 2 packet. We are very pleased to be nearing completion of this cooperative process, which will enable the Kenai Airport and Era Aviation to provide state of the art boarding assistance for those passengers. It will also compliment the automatic handicap accessible doors, which were recently installed on the aircraft ramp side of the Terminal. Annual Air Fair: The theme for the 2003 Central Peninsula Air Fair will be Centennial of Flight which ties into the national celebration kicking off in Washington D.C. this week. Our local event will be held on Saturday, May 31. The Soldotna Airport has already identified the first pilots to land at the old Wilson strip and at the current Soldotna Airport location. We are interested in identifying the first pilot to land in Kenai. Please encourage anyone with information to contact the Airport Manager's office. We are hoping to generate a lot of local interest in honoring the pioneers of aviation. Airport Commission is also contacting local pilots and gathering information. Anyone interested in participating in the Air Fair planning or with the event should contact the Airport Manager's office or Airport Commission Chair Henry Knacksted. Latest ACIP List: The latest version of the Airport Capital Improvement Projects List as approved by FAA is included as an information item in this packet. This list outlines projects and projected grant applications through 2008. This list is derived from the Airport Master Plan and is subject to Congressional authorization of funding. The City also has the opportunity to add, change or revise projects on a yearly basis. This documeht serves to notify the FAA of projected needs and approximate costs. The projects on this list have been programmed by the FAA, meaning the funds have been identified as qualifying for grant funding. The actual grant is dependent on the amount of funds available and the priority of the particular project. The good news is; most of these projects score relatively high on the national scale, which is very important in the case of discretionary funding. Monthly Report For December 18, 2002 Keith Kornelis, Public Works Manager Pillars LID: Alaska Roadbuilders has finished everything but the topsoil and seeding. Basin View, Toyon Way, & Schooner Circle LID: ready for construction next summer. These projects are being designed and should be McCollum & Aliak LID: The first LID report is going to the city council at this meeting. It looks like we will not have enough money until the 2004 Municipal Grant is received. We also need to consider another method such as linear footage instead of the square-foot basis. Kenai Coastal Trail: The Corps held an agency meeting December 4 at the Kenai Council Chambers. The Clarion did a good article on December 10 covering this meeting. New Well House 4: We have received a grant increase (actually two grants combined) of $950,000 from DEC. A resolution accepting this increase is in the council packet. This is a 50% matching grant. We are looking at a new well site noah of the Kenai Spur Highway. Wastewater Facility Plan (VVWFP): CH2M Hill has submitted the 65% draft for review. Bridge Access Road W & S Feasibility Study: Wince-CorthelI-Bryson is the engineering consultant on this project. It is being paid for by an Alaska DEC and a Federal EDA grant. Boating Facility: I plan to go to bid for the dock lease spaces in February. The Harbor Commission is going to reevaluate the Kenai Harbor Rate Schedule. Safety' The final review of the new Site Specific and General Health & Safety Plans has been completed. ) The departments are workin9 on items from the city safety audit. Grader: We have received the new grader, and it is a terrific piece of equipment. Kenai Watershed Forum: I met with the Kenai River Water Quality Monitoring group on December 11 at the Kenai River Center. We will continue to help in water sampling. DEC is also looking at a very in-depth, one-year sampling program. GASB 34: Public Works in working on asset identification along with dates built and cost. This includes roads, water, sewer, streetlights, buildings, and appurtenances. KMC Changes to W & S Regulations: We have some changes to our water and sewer rules and regulations that need to be made. CH2M Hill will also have a rate change recommendation. W & S: A new chemical pump was installed at Well House No. 1. Fire hydrants were checked, and the water was drained. A hydrant by the old courthouse was repaired, and a damaged one on Lawton was replaced. We worked on the chlorine lines, pumps, and computer programs for our water system. ,Streets and Dock' We plowed streets, airport, and sidewalks; mounted tire chains; lubed equipment' relocated fence and ramps from the skateboard park; filled sand buckets for city buildings; replenished the public sand pile; built a cutting edge rack; completed a major remodel of Warm Storage No. 1 building; helped install the Christmas decorations; cleaned up concrete around the Wildwood meter pit; did a large amount of street sign repairs; graded roads; rebuilt the barricade on Spruce Street; cleaned out culverts; and cleaned equipment. Sewer Treatment Plant, STP: The yard lights have been repaired. We tested our emergency generator. We are looking at installing a gas sensor alarm above the influent screen. We replaced a coupling for the blower. The grease was removed from the inlet manhole. MEMORANDUM CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 09611-7794 TELEPHONE 907-283-7'535 FAX 907-283-3014 ~ TO: FROM- DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manage~?.,~-~ December 12, 2002 Department report-Council meeting of December 18, 2002 · A Public Works bid information sheet is attached. · Marilyn will be meeting with our consultants to re-schedule the meeting for review of the draft Comprehensive Plan. · Public Works and Planning are working with Finance to determine fixed assets according to the GASB 34 requirements. We are also helping inventory all City lands. · Building Maintenance has nearly completed their move into Warm Storage #1 and the City Shop has expanded into the area formerly occupied by Buildings. The additional area will be put to good use. Anyone is welcome to come see the work our crews have done. The delayed winter came, at a good time to get this work done. ~'~ 0 ._~ LIJ I.- Z LU CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 / 907-283-7926 FAX 907-283-4675 KENAI All America City MEMORANDUM TO: Linda Snow, City Manager FROM: DATE: Joanna L. Cole, Acting Parks and Recreation Director December 12, 2002 REe Monthly Administrative Report The Recreation Center had a total of 4,073 patrons throughout the month of November and the Teen Center had a total of 1,465 youth. Two teen dances were held in November and both were well attended by local youth (210 total). There was a three on three-basketball toumarnent for the 13-18 year olds with a total of seven teams participating. The Teen Center Supervisor is busy planning for additional activities during the school break this month. A new Teen Center Assistant Supervisor was hired. Her name is Monica Johnson and we welcome her to our team. The Boys and Cdds Club merger with our Teen Program is delayed due to an extended hiring process. Keith Randall, Operations Director, expects to have a Teen Coordinator hired sometime after med-December. The Department has been obtaining skate park information. Comments and ideas from youth are currently being solicited through the Teen Center and prices on extra equipment and concrete work are being explored. A Conditional Use Permit will be pursued for use of Airport property near the Adult Softball Fields. November was a busy momh for the ice rink. A total of 161.25 hours were reserved and December's schedule is nearly as full. I expect more reservations due to Soldotna's outdoor ice not being installed yet. Public skate has been popular, especially on Sundays. The warming shacks are nearly complete and we appreciate the Kenai Rotary Club and other Volunteers that contributed toward this project. ._ CITY OF KENAI "Oil Capital of Alaska' 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: SUBJ: City Council tor~ Lawrence A. Semmens, Finance Direc December 13, 2002 Monthly Report The finance department is busy with budget preparation. Departments will receive the budget packets next week. GASB 34 implementation work is proceeding nicely with the help of the public works and planning departments. Finance is now handling all ambulance billings including billing of insurance companies. We believe this is a valuable service to customers and that it will increase revenue. KENA! EN 1 OR C ENTER Helping People Age with Dignity CITY OF KENA! MEMORANDUM To: Linda Snow, City Manager From: Rachael S. Craig, Senior Center Director Date: Subject: December 9, 2002 November Monthly Report Total number of days we were open in November: 20 Total Meals served and Transportation for November 2002' Total Congregate Meals Served: 1126 Total Home Meals Served: 1315 Total Non-Senior Meals: 33 Total Meals served in November: 2474 Total Transportation Assisted · Total Unassisted Transportation: 175 202 In November of 2001, our Total Congregate Meals served was' In November of 2000, our Total Congregate Meals served was' In November of 2001, our Total Home Meals served was: In November of 2000, our Total Home Meals served was: 1174 787 1103 1361 The Center had a total of 851 volunteer hours for the month of November. We were rented 8 times this month. The senior volunteers donated at least 80 hours into building this year's "Christmas Comes to Kenai" float. The seniors and staff thank the airport for the use of their facility during the construction of the float. Our float placed seconded. 361 SENIOR COURT · KENAI, ALASKA 99611 TELEPHONE: (907) 283-4156 · FAX: (907) 283-3200 · E-mAIL: senior@ci.kenai.ak.us We had our "Toys for Kids" kick-off. The goal is to fill a huge box with new toys for special children who are in need at Sears Elementary. At our November birthday party, toys were on display for seniors to purchase and then donate to the program at Sears Elementary. We will take them to the school before Christmas break for distribution. On Tuesday, November 26, we hosted Aghum's Thanksgiving dinner. This event is a great way for the seniors to kick off the holidays. There were 25 volunteers from Agrium and the National Honor Society at Kenai Central High School. We served three hundred meals. ~en~i O. omm~nit¥ Li$r~r~ 163 Main Street Loop Kenai, Alaska 99611 REPORT FOR NOVEMBER, 2002 CIRCULATION Adult Juvenile Fiction 1832 Non-Fiction 1631 Periodicals 54 Cassettes Intemet Access CDs Kits Misc. 164 719 131 11 40 Total Printed Materials .............. 5753 Total Circulation ............................ 8066 WEBPAC Searches ..........................773 317 226 Puzzles 2 Easy Books 1374 319 Videos 1186 DVD 60 ADDITIONS Docs Adult Juvenile Easy Books Gifts 2 46 24 14 Purchases 66 8 14 Total Additions ................................ 187 AV 13 INTERLIBRARY LOANS Ordered Received Retumed Books 20 10 19 INTERLIBRARY LOANS BY OUR LIBRARY ............ 64 INTERNET USE ......... 719 VOLUNTEERS Number .... 12 Total Hours .....128 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,592.30 258.50 160.95 Total Income for November, 2002 ............ $2,011.75 Library Cards Issued November, 2002 Kenai 33 ClamGulch Cooper Landing Kasilof Nikiski Soldotna 19 Other 10 Total 73 Library Patronage ...... Adult Programs ........ Childrens' Programs... 6,625 Persons 58 Persons 219 Persons KENAI FIRE DEPARTMENT ACTIVITY REPORT TO CITY MANAGER For the period of NOVEMBER 12 - DECEMBER 8, 2002 Assisted Public Works and KPD with details on communications upgrade. Assisted City of Soldotna Airport with corporate jet off runway. Joint training with military on Weapons of Mass Destruction recovery, toured same through training center, encouraged military to conduct extensive training here. Assisted Chamber in plans for holiday events - parade, Santa, fireworks. Assisted CES in evaluation of Training Officer candidates. Proctored State fire extinguisher certification tests. Completed draft of site-specific safety plan, final draft back to contractor. I(~NAI FIRE DEPARTMENT MONTHLY STAT REPORT TO CITY MANAGER For the period of November 12 - December 9, 2002 EMS Calls: 55 YTD: 640 Public Assists' 3 44 Investigations & Inspections: 9 93 Fire Calls' 4 60 Mutual Aid: 2 23 Projected EMS Bill Collections for this Period $11,110 $129,041 OTHER ACTIVITY: Training' Airport Runway Checks: Plan Reviews: 312 hours 10 3 YTD: 3114 hours 125 19 Public Education Fire Prevention' 50 hours 825 hours Volume 6 No. 2 November OOP A PUBLICATION OF THE STATE OF ALASKA DIVISION OF ELECTIONS New federal election law: Impact on Alaska The federal election reform bill signed into law by President Bush October 29, 2002, will affect Alaska's voters and the state's election officials in the following ways: There will be more voting equipment that helps voters who cannot vote unassisted using paper ballots. There will be additional optical scan voting equipment. There will be additional requirements for a state's voter database system to be more responsive to the election needs of local govemments. There will be a requirement for identification for voters who register initially by mail. "These are the fu~t comments we can make about the legislation, and we must also say that no money has been appropriated as yet for any of the enhancements or changes," division director Janet Kowalski said. Kowalski noted that Alaska's election officials would be briefed on the new law by congressional leaders at a special meeting to be sponsored bythe Election Center in San Francisco beginning December 7. The Election Center is a nonprofit organization that works with govemment employees who are engaged in voter registration or the administra- tion of elections. (continued on page 5) A challenging election gear Every election year is different, and this was tree in 2002 for two significant reasons: precinct redistricting and the new six-ballot primary election. The division executed both at the same time, beginning the effort in the spring, with planning underway six months before that. The redistricting of 443 of the state's 446 precincts included drawing boundary lines, placing voters within the new precincts, locating new polling places within the precincts, and notifying voters about all changes related to the process. The division also designed election district maps (40 of them) based on new district boundaries created by the Alaska Redis- tricting Board in 2002. A particularly difficult redistricting effort was placing the appro- priate number of voters who had been located in an old precinct in an old election district into a new precinct in a new district. This required the division to manually tell the database where every one of the state's approximately 450,000 registered voters was to be located in order to vote in the upcoming primary election. The redistricting process also required the division to prepare (continued on page 4) Inside This Issue 2 8 Message from the lieutenant governor Hugh Wade - first lieutenant governor Initiative petition update 9 - 11 Final redistricting map, graphics Division of Elections Eight years of progress at the-Division of Elections -,_ by Lt. Governor Fran Ulmer during the mid 1990s bolstered the desire to get election information out to the citizens of Alaska. The division put extensive information on the Intemet, including information about candidates and ballot propositions, registration and voting procedures, election results, and comprehensive historical elections information. We were among the first states to do so. To serve Alaskans better, including rural residents, the division also consulted closely with municipal clerks in 150 communities by offehng them assistance as they conducted their elections and by sharing equipment. MODERNIZATION OF BALLOT COUNT~G EARNS ALASKA "A" GRADE Fran Ulmer The foundation for improving the Alaska Division of Elections was laid in 1995 by an Election Policy Transition Team ofmunicipal clerks, a former lieutenant govemor, a veteran news reporter and knowledgeable citizens. Together we devised a plan to increase public trust and participation in our state's elections system. The first recommendation was to depoliticize the selection of elections staff. We accomplished this by writing job descriptions and qualifications for all positions at the Division of Elections and making the division director ultimately responsible for all personnel decisions. We then focused on detailed steps to ensure the credibility of ballot counting, improve the recruitment and training of the 2,500 Alaskans who serve on election boards state- wide, and develop more accurate files of registered voters. The latter improvement requires on-going work with the Bureau of Vital Statistics, the Depamnent of Corrections, the Permanent Fund Dividend Division, the U.S. Postal Service and election offices in other states. The Election Policy Transition Team report also pointed to ways to increase efficiency by consolidating the division director's office in Juneau in 1995. In recent years the division has also reduced the number of precincts state- wide. With legislative support for our capital budget request we were able to pay for the replacement of antiquated punch card elections equipment in 1998 with accurate and efficient optical scanning technology. At that time, Alaska was the only state with statewide optical scanning technol ogy. The November 2000 election dramatically showed just how far ahead of the rest of the nation Alaska was in elections procedures and technology. As several states' elections systems were in disarray, Alaska's unified state- wide system became a national success story, earning an "A" grade in 2001 from Common Cause, a national organization that compared states' election management. Alaskans were accustomed to waiting for days, sometimes weeks, to find out the official results of elections. With the transition to optical scanners and the communication power of the Intemet, unofficial results are available early on election night. That's progress. INC~ASE PUBLIC OUTREACH Voting may seem almost second nature to many Alaska adults. But to young or newly-arrived Alaskans there can be hurdles in the way of voting for the first time. Since 1995, the division has dedicated a staffposition to public education on elections, voter-turnout programs ant communications with the news media. This newsletter is The astounding advancement of electronic technology (continued on page 5) Election News 3 Message from the Director The administration of elections in the United States has changed forever. The troubled 2000 Florida election drew the attention of voters and candidates all over the world. The subsequent investigation into election practices admin- istered in Florida and other states was arguably the most comprehensive evaluation of election management since the newly enacted federal constitution set forth the basic requirements over two hundred years ago. And now we have the "Help America Vote Act of 2002," a complex set of requirements negotiated by both houses of Congress aimed at setting uniform standards for elec- tions across the country. All states will make changes to their election practices. Alaska will make fewer changes than most states due to our comfort with using accountable electronic technology to reach voters. The Act will bring improvements in voting technology to the polling place. Through the funding provisions of the bill, Alaska will finally see the introduction of new voting machines that will allow blind and visually impaired voters to vote a secret ballot alongside their fellow citizens on Election Day. Elsewhere in the nation, punch card ma- chines will be replaced and voter registration systems will be upgraded to look more like the centralized system we currently use in Alaska. Another revolution, however, has been taking place outside of the public adminism~on of elections. Campaign technology has achieved a new sophistication beyond the awareness of many voters. The use of computerized databases and voter targeting has increased so that cam- paign messages can now be tailored to an individual voter, taking into account identified PerSonal preferences, such as the organizations to which someone belongs. Dmng the 2002 election season, the Division of Elections received hundreds of calls from voters who were confused or concerned because they received personalized cam- paign information in the mail or by telephone at their homes. They asked us why we gave out their telephone numbers even though the Division of Elections does not have a telephone list that we maintain or give out. We also heard fi'om numerous voters who received absentee ballot requestf0rms with their name, address, gender and part~ affiliation already printed on the form. In some cases, this campaign material was labeled, "State of Alaska Absentee Ballot Application," thus adding to the voters' confusion. Many voters were surprised to hear that the material they were looking at was, in fact, campaign What comes next? The federal govemment through its overseas absentee voting program is already testing lntemet voting. The State of Washington allows voters to give the elections office an email address so that voters can receive election information via email. Cam- paign consultants are combining electronic databases so that they can build detailed data files on targeted voters. All of this adds up to a new em in election technology. The future is here. Stay informed, learn to understand and use the new technology, and don't ever forget that ultimately we all cast a secret ballot when we go to the This general election was my last election with the division. There are many people I'd like to thank---all the election officials across the state, including local boards working at the polls, review boards, registrars, and the many folks who go unrecognized but make such special contributions to the elections process. They are heroes, these people who take care that the process works, that it's fair, and that it's protected. The division couldn't function without them. I'd like to thank the staff for working so hard and for so many hours, too often late into the night, in the months before the 2002 elections. This was a trying y~ar and no one let down. And I'd fmally and most especially like to thank Alaska's voters, all of you who participate by coming to the polls or voting absentee. I've spoken with many people for whom voting wotfld be difficult but who went the extra mile to be sure they got their ballots if they were going to be away fi'om home. Thank you all for taking the time to vote. Election year, con't... 520pages of precinct boundary descriptions as emer- gency regulations and to place precinct boundary descrip- tion ads in newspapers statewide. Organizing the primary election under a new law passed bythe legislature in 2001 was a complicated task, also, requiring the division to prepare a separate primary election ballot for each of Alaska's six recognized political parties. That the voter would have privacy during the voting process was a genuine concern. A series of comprehen- sive step-by-step procedures to assist election boards and voters in this regard was put together, and they helped. A second concem was that voters understand ballot eligibility~who could vote which ballot and why. The division trained election boards specifically about this issue so that they could anticipate and answer voter questions at the polls and earlier, should they be voting absentee. Further complicating the issue was the presence of a ballot initiative on theprimary election ballot. Many voters with no party affiliation expressed dismay that they had to choose a party ballot in order to vote on the initiative. During the summer the division greatly expanded its primary election advertising campai~specially radio advertising~to explain how the new law worked. The staff'also produced a special primary election voter guide that highlighted both the new primary law and redistricting process, and distributed the guide statewide to all voter households. Despite increasing the effort to then "get out the vote," turnout at the primary election was low--just 25 percent. The division certified the primary election September 18. Meanwhile, organization for elections in 19 mml school board districts (Regional Educational Attendance Areas) and four Coastal Resource Service Areas was underway. The division has conducted these elections annually for many years. The elections, several conducted by mail, were held October 1. On November 5, five weeks to the day following the REAA and CRSA elections, the division conducted the state's general election. Division of Elections' The following offices were open for either election or retention on the general election ballot: One U.S. Senate seat, one U.S. House seat, governor and lieutenant governor (to be elected as a team), 17 state Senate seats (seven more than in a normal election year, due to redistricting changes), 40 state House seats, one Supreme Court justice, one Court of Appeals Court judge, five Superior Court judges and nine district court judges. Also on the ballot were three bonding propositions (the first time in 16 years that bonding propositions were to be considered by the electorate) and three ballot measures: the consideration of a constitutional convention, an initia- tive moving the location of legislative sessions to the Matanuska-Susitna Borough, and an initiative creating a gas pipeline development authority. Tumout in the general election was approximately 51 percent. Two years agora presidential year--turnout had been 61 percent. Four years ago---a gubernatorial election year--turnout was 50 percent. The division was to certify the general election by Novem- ber 29. In addition to conducting statewide primary and general elections and REAA/CRSA elections this year, the Divi- sion of Elections also conducted these elections: Talkeetna Incorporation Election- March 2002 Haines Consolidation Election- June 2002 REAA 8 Special Election- August 2002 Haines Borough Election of Mayor, Assembly and School Board officials-October 2002 Haines Borough Assembly Seat A RunoffElection- November 2002 REAA 5 RunoffElection- November 2002 Record hits on division web site election night On the evening of the November 5~ general election, the division's web site was visited 199,948 times. By contrast, there were 74,3 82 hits on the web site on general election night 2000. Webmaster Mike Matthews says this month's hits have broken the record for"most hits in a month." Election News Lt. Governor Ulmer, con't... __ on6 example of those education efforts. The efforts also include visits to schools, involvement in the Kids Voting program, a special 800 number for precinct location, and an expanded statewide advertising program. In the past three years the public outreach effort also included the production of two special statewide voter guides~the first in 1999 before a statewide advisory vote election and the second before the primary election this year. We also enlisted the most popular piece of paper in government, the PFD application form, to recruit more voters. Requests to register to vote can now be made on PFD forms. Voters may also download registration applications and applications to vote absentee or by fax fi'om the division's web site. During the past few years the division has simplified the process for casting ballots by fax and by personal repre- sentative and initiated an early voting process in the four regional elections offices. As a convenience to voters and as an efficiency measure, the division within the past two - years conducted consolidation elections in Ketchikan, ?airbanks and Haines by mail, and regularly conducts by mail a number of school board elections in rural Alaska. And if voters needed more reasons to show up on election day, we initiated targeted efforts such as "Let's Vote! Alaska,'' which boosted turnout by 18-24 year olds by about 48 percent in the 2000 election. This effort was followed by the Alaska Democracy Project, designed to strengthen citizenship in the classroom and the community, and "Vote to Honor a Veteran," to connect the role of the military and the fi'eedoms we enjoy, including the responsi- bility to vote. Alaska's elections system maybe looked to as a national model when one observes recently-enacted national election reforms. Alaska is in a good position to meet these new federal requirements, and to continue our efforts to improve our system. New federal funding will help Alaska better meet the needs of voters with disabili- ties, and help us maintain and expand our optical scan equipment. 3Maskans can be proud of our elections system, our hardworking Division of Elections staff, our dedicated poll workers and election review boards, and the thousands of 5 involved citizens who contribute in countless ways to strengthming our elections system. I thank each and _ every one for your contributions over the last eight years, and I encourage you to expand the effort and the oppor- tunity by bringing in new volunteers, recruiting new voters, and encouraging every eligible Alaskan to participate in our democratic system byvoting. Alaska will be the better for it. New federal election law, con'b.. The election-reform legislation~H.R. 3295, known as the "Help America Vote Act"--is designed to address problems revealed in the 2000 presidential election. The act authorizes, but does not appropriate, significant federal funding to states to implement election reform measures. It also establishes manda- tory federal election standards for states. According to the National Govemors Association, it is unclear at this time whether or when the federal' government will appropriate funds to help states implement the' Act. The Act authorizes the following grants to states: $325 million, upon a governor's application, to implement election administration improvements; $325 million upon state certification that the money will be used to replace existing punch card and lever voting systems (this wouM not apply to Alaska where optical-scan tabulating exists); $3 billion over three years in election "requirement payments" to implement federal election standards under the Act; and $100 million over three years to states and localities to ensure access to polling places by the disabled. Under the new law, states must comply with exten- sive federal standards, enact provisional voting requirements (Alaska already has done that through its questioned ballotprogram), establish a computerized statewide voter registration base (Alaska already has one), implement anti-fraud and voter ID requirements, and establish state-based administrative complaint procexktres outlined under the Act. Division of Elections Hugh Wade' First Lieutenant Governor, _ Elections Chief-_ _: Hugh J. Wade Hugh J. Wade, Alaska's first lieutenant govemor and first supervisor of the new state's Division of Elections, was also a member of the first group of FBI agents recruited and trained by J. Edgar Hoover after Hoover became FBI director in 1925. Hoover sent Wade, an attorney who was bom in Dougherty, Iowa, to Seattle in 1926 with instructions to cover the entire Territory of Alaska from Washington State. This involved a lot of traveling to Alaska and elsewhere. Having established a good reputation, Wade was soon recruited by the federal govemment to establish the National Recovery Administration program in Alaska, settling in Juneau as its Alaska director. When the NRA ended in 1935, Wade became one of the original 37 employees of the Social Security Administra- tion Board and area director for Alaska. In 1950 he was appointed area director of the Alaska Native Service, part of the Bureau of Indian Affairs. Later he was elected treasurer of Alaska, one of the few elective offices in the territow. The office of the territorial attomey general, auditor and highway engineer were other elective offices. With the governor (who was appointed by the president), these officers made up the territory's Board of Administra- tion. Wade was re-elected treasurer in 1958 but the term never started because that year Congress passed the statehood act. Hugh Wade ran for secretary of state (now lieutenant governor) in 1958, won the primary, and with gubemato- rial nominee William A. Egan, went on to win the general election. His tenure as secretary of state began dramatically due to Egan's seriously ill health. That led to Wade's becoming acting governor during the first months of statehood when the govemment was organized. According to Wade's daughter, Suzanne McKeown, her father rose to the occasion while still maintaining his normal lifestyle. This included taking family garbage to the local dump. "Evenin,' Governor," the caretaker at the dump would call out to Hugh Wade, who might amve about midnight during the 19 5 9 legis_]ative s~ssJon ."Evenin,' yourself," the acting governor would reply as he wandered about, checking to see what interesting items other folks might have dropped off'at the Juneau dump. With Bill Egan back in his gubernatorial position late that spring, Hugh Wade turned full attention to lieutenant gubernatorial duties. At the time there was nothing about elections in state law, and terhtorial law on the subject was useless, says Elizabeth Wyller Evans, who worked a number of years for Wade. Alaska's election code (Title 15) was approved by the state legislature in 1960. As structure and procedures fell into place, the State of Alaska organized itself to hold its first primary and general elections. In November 1960 the electorate, voting for president, chose Richard Nixon over John Kennedy by 1,144 votes. The state also sent former territorial delegate E. L. "Bob" Bartlett back to the U.S. Senate for a full six- year term (in 1959 he had drawn a two-year "A" term while former Governor Emest Greening drew the four- year "B" term) and returned former territorial Attorney General Ralph Rivers to the U. S. House. By law the position of the first Director of Elections was a temporary job, set up to operate during an election year from spring through November and the canvass that followed the general election. The same was tree for the positions of four regional election supervisors. These positions became fulltime in the late 1960s. According to Elizabeth Evans, Hugh Wade sent out letters to each precinct chair following a statewide election asking for comments about how things had gone. He also some- Election News times traveled with regional supervisors to visit the boards d,uring trig periods. _~ _ 'When the Egan-Wade ticket lost to Walter J. Hickel and Keith Miller in 1966, Hugh Wade, and his wife, Madge Case Wade, moved to Anchorage where he became regional solicitor for the Interior Department. Hickel also invited Wade to serve as special counsel on Alaska Native claims settlement legislation. After passage ofthe Alaska Native Claims Settlement Act in 1971, Hugh Wade retired, and he and his wife remmed to Juneau to live at their Tee Harbor cabin, which they converted to a year- round residence. Madge Wade died in 1977. Hugh Wade died in 1995, having lived to be 93. In the obituary he wrote about his father, Anchorage attomey Jerry Wade noted that Hugh Wade was a "big, 7 quiet man with a farmer's passion for the land, and a fisherman's delight in Southeast Alaska's inland water- ways." Ina Valedictory address to the Alaska Native - -' Brotherhood in 1953 Wade projected his vision of a state not divided between Natives and non-Natives but united simply as Alaskans. "Ultimately, he was an old-fashioned man, fiercely devoted to God, his community and his family but not much into talking about those things," Jerry Wade wrote. Editor's Note: Had he lived to be 100, Hugh J. Wade would have celebrated that important event last year. Election News intended to run this feature at that time. We're pleased to be able to do so now. Excerpts in the tribute are reprinted from the An- chorage Sunday Times, December 21, 1975, and from Election News, Volume 3 No. 3, November 1999. Meeting with a future president: On November 1, 1958, Senator John F. Kennedy was in Juneau cam- paigning for the Democratic ticket in Alaska's firstgeneral election as a new state. That evening Senator ~OFIFI~C~ ,_.q~Ok.t~ c:D.~*~e 20th Century Theatre, then attended a no-host dinner at the Baranof Hotel, where this photograph was taken. Standing with the future president are, from left, E. L. "Bob" Bartlett, running for the U. S. Senate, Hugh J. Wade, running for secretary of state, and Mrs. Wade. The rest of the country held Elec- tion Day that year on November 4. Because of special circumstances related to statehood, Alaskans went to the polls on November 25. Bartlett and Wade were both elected. Kennedy was elected president in 1960. Division of Elections Initiative Petition Update "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund divi- dends.'' 01PCOR ~/The application did not comply with the constitutional and statutory provisions goveming the use of the initiative; therefore, it was denied on July 12, 2001. On August 22,2001, sponsors filed a suit in Superior Court, 4"' Judicial District, challenging the denial. "An Act to decriminalize and regulate cannabis (hemp, including marijuana)." 01MRNA ~/The application was certified November 9, 2001. In accordance with AS 15.45.140, the initiative petition had to be filed by November 19, 2002. It was filed on November 14, 2002. The Division of Elections is verifying signatures. "An Act relating to sales of alcoholic beverages, to alcoholic licensing, and to limits on holding multiple alcoholic beverage licenses." 01BREW x/The initiative petition had to be filed by October 12, 2002. The petition was not filed by the deadline and therefore is void. "An initiative protecting the permanent fund dividend distribution formula and protecting earnings of the permanent fund." 02PERM ~/A copy of the application and signatures were sent to the Department of Law and Division of Elections on September 13, 2002. The Division of Elections determined that there were a sufficient number of signatures on September 23, 2002. The Department of Law has not yet completed its review. Comment about redistricting issues Election News would like to comment about two special issues that occurred at the Division of Elections this year because of and related to the 2002 redistricting effort: The first was the division's failure to update computer mailing information refl~g redistricting changes in 15 of the state's 40 election districts. Aproximately 40 percent of the state's voters received the wrong 2002 Official Election Pamphlet in the mid-October mailing of the guide, as a result. Within an hour ofbeing notified of the problem, the division had the printer, located in Salem, OR, rolling the presses again, and within 10- 12 days, affected voters, including those in remote Alaska villages, had received correct pamphlets before the election. We sincerely apologize for the inconvenience this error created for our voters. The second issue was the requirement for the division to respond to a directive from the Department of Justice to translate all written ek~tion materials into the native Filipino language, Tagalog, for voters in Kodiak. The 2000 census showing an increase in the Filipino population in Kodiak precincts made the production of this information necessary. In addition to producing forms and other printed materials in Tagalog, the division produced and placed newspaper ads in English and in Tagalog in Kodiak for the general election. · Election News 9 Division of Elections House and Senate District Designations May 2002 I A 1 Ketchikan 12 Sitka/Wrangell/Petersburg I B 3 Juneau/Downtown/DouglasI 4 Juneau/Mendenhail Valley I C 5 Cordova/Southeast Islands! 6 Interior Villages I D 7 Farmer's LooplSteese HwyI 8 Denali/University i E 9 City of Fairbanks I 10 Fairbanks/Fort Wainwright I F 11 North Pole i 12 Richardson/Glenn Hwys I G 13 Greater Palmer J 14 Greater Wasilla H 15 Rural Mat-Su I 16 Chugiak/Southern Mat-Su I I 17 Eagle River I 18 Military I J 19 Muldoon I 20 Mt. View/Wonder Park K 21 Baxter Bog I 22 University/Airport Heights ! L 23 Downtown/Rogers Park [ 24 Midtown/Taku I M 25 East Spenard ~ 26 Turnagainilnlet View i N 27 Sand Lake [ 28 BayshoreiKlatt O 29 Campbell/Independence Pk~ 30 Lore/Abbott P 31 Huffman/Ocean View [ 32 Chugach State Park / Q 33 KenaiiSoldotna ~ 34 Rural Kenai R 35 Homer/Seward ~ 36 Kodiak / S 37 Bristol Bay/Aleutians [ 38 Bethel T 39 Bering Straits ~ 40 Arctic Redistricting 2002 This year the Alaska Redistricting Board adopted a plan that established election districts for the decade ending in 2010. The redistricting plan required that elections be held in 17 of the state's 20 senate districts in 2002 rather than in 10 (or half) of the districts. (No elections were held in senate districts A, K and T. Candidates ran for election in all 40 house districts.) A map on the preceding page outlines the state's new election districts as adopted and proclaimed by the Redistricting Board. A chart showing house and senate districts for the decade of the 1990s appears on the opposite page as a comparison to the new districts. Election News 11 Old House and Senate -District March 1994 Designations A B C D 1 Ketchikan 2 3 Downtown Juneau 4 Southeast Islands Homer 8 9 ai- Nikiski 10 F 11 W, e 12 G H K L M N O P Q 13 Coastal 14 15 Downtown - nard 16 17 Bayshore - Dimo 18 19 Lake Otis & Tudor 20 21 East Anchorage 23 Muldoon 25 Eagle River 27 Palmer 22 Sitka - Wrangell - Petersburg Mendenhall Valley Kodiak Seward - Soldotna Huffman - Klatt Sand Lake R T Elmendorf Mountain View - Fairview Hillside Midtown East Anchorage Muldoon- Eagle River Ila- Peters Creek 28 la- Talkeetna 29 University- Ester 30 31 East Fairbanks 32 33 Northeast Fairbanks 34 West Badger - ~right North Pole- D Ii 35 Delta- Prince Wm. Sound 36 Rural Interior 37 Northwest Alaska 38 Nome - Lower Yukon 39 Bethel- Dillingham 40 Aleutians Based on "Proclamation of Final Reapportionment and Redistricting"- 3/25/94 STATE DIVISION OF ELECTIONS Please contact the following Division of Elections personnel for information and assistance regarding elections. All telephone numbers are (907) prefixes. E-mail addresses are firstname_lastname@gov, state.ak.us Director's Office Janet Kowaiski, Director Lauri AIIred, Administrative Officer Gail Fenumiai, Election Administrative Supervisor Virginia Breeze, Election Projects Coordinator Cindy Britten, Election Coordinator Mike Matthews, Election Technician Dianne Godkin, Administrative Assistant Tyffany Ryder, Elections Clerk Regional Supervisors Pam Crowe, Region I, Juneau Region II, Anchorage, vacant Tom Godkin, Region III, Fairbanks Monica Giang, Region IV, Nome Election News editor: Virginia Breeze virginia_breeze@gov, state.ak.us 465-4611 465-4611 465-5347 465-3935 465-3051 465-3O49 465-2O57 465-3048 465-4611 465-3021 522-8683 451-2835 443-5285 http://www.elections.state.ak.us FAX 465-3203 FAX 465-2289 522-2341 451-2832 443-2973 Division of Elections P.O. Box 110017 Juneau AK 99811-0017 FIRST CLASS MAIL US POSTAGE PAID JUNEAU AK PERMIT NO. 24 KENAI AK 99611 _ _ INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 18, 2002 I. e o , . e 2003 Gaming Permit Applications a. Peninsula Offers Baseball Club, Inc. b. Offers Baseball Booster Club, Inc. 2003 Multiple-Beneficiary Permit Application -- Old Town Bingo 11 / 21 / 02 Nenana Ice Classic letter notifying the City the Classic will be conducting gaming in our community. 11/02 Kenai Municipal Airport Enplanement Report. 11/02 Kenai Municipal Airport Float Plane Basin Activity Report and Traffic Count Information. 11 / 27/02 R. Cronkhite letter to FAA regarding projects and rough cost estimates for current and future Kenai Airport projects. Alaska Department of Revenue Charitable Gaming Division P.O. Box 110440 Juneau, AK 99811-0440 Games of Chance and Contests of Skill PERMIT APPLICATION AS 05.1 5.020 Please read the instructions before completing this application. Ali sections of the application must be completed NOTICE. GAMING ACTWfES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Permit FOR DEPARTMENT USE ONLY Permit Number Date of issue ALL CHARITABLE GAMING PERMIT APPLICATIONS HAVE BEEN DELETED IN ORDER TO REMOVE PERSONAL IDENTIFYING INFORMATION. Nenana Ice Classic Box 00272 Nenana, Alaska 99760 (907) 832-5446 ___ "- 2 2(]0~ .... KENAI CITY CLERK November 21, 2002 To Whom It May Concern' This letter is written as notification that the Nenana Ice Classic will be conducting gaming in your community through the agents that have sold tickets for the Nenana Ice Classic in previous years. Nenana Ice Classic tickets will be sold beginning February 1, 2003 through midnight April 5th, 2003. The Nenana Ice Classic holds a 501C Tax Exemption with the State of Alaska as a Non- Profit Charitable Gaming Corporation. We are not required to pay any State, City, or Borough sales taxes, nor are the agents selling the tickets on our behalf under our license. If you have any questions, please feel free to call our office at (907) 832-5446. Respectfully, Cherrie Fomess, Manager cc: State of Alaska, Division of Charitable Gaming Betting on the Tanana River breakup has been an Alaska tradition since 1917. hal Municipal Airport 2002 Monthly Enplanements 0 ISeriesl 6,023 Em 1997-2001 Month 2002 2001 5 yr. Average Jan 7,829 8,300 -471 8,076 Feb 7,046 7,137 -91 7,350 Mar 7,371 8,216 -845 8,247 Apr 6,902 7,058 -156 7,148 . May 6,880 8,143 - 1,263 8,003 Jun 6,740 9,044 -2,304 9,582 . Jul 9,979 12,093 -2,114 12,958 Aug 8,644 10,807 -2,163 11,196 Sep 6,684 6,334 350 8,343 Oct 6,309 7,582 -1,273 8,356 Nov 6,023 7,345 -1,322 8,004 Dec 7,494 8,067 Totals 80,407 99,553 m m m m m m m m m m mmm mm mm m mm m m mm m m mm mm m m mmm m m mm mm mm m m m m m m mm m m m m OPERATIONS m m m mmm m m m m m m m m m m m m m mmm m m m m m mm m mm m m m m mm m m m m m m m m m m MAY 94 JUNE 223 JULY 345 AUGUST 233 SEPTEMBER 153 OCTOBER 37 NOVEMBER 10 TOTAL TO DATE 1095 CLOSED 11111102 mmmm m mm m mmmmm m mmm m m mmmmmmm mmmmmmm mmmmm m m mmmm AUTOMATED FUEL FACILITY m meN mm m m m m m m m m m m m m m m m mm m m mm m m m m m m m m mm mm mmm m m m m m m mm m Month Gallons Total Sale MAY 39 $98.28 JUNE 788 $1,985.76 JULY 1094 $2,756.88 AUGUST 960 $2,419.25 SEPTEMBER 390 $982.80 OCTOBER 26 $65.00 TOTAL 3297 $8,307.97 m mm m m m m m m mm m m m m mm mm mm m m m m m m m m m m mm m mm m m m m m mm m m m m mm m SLIPS LEASED mmmmm m mm mmmmmmmmmmmm m mmmmmmmmm mmmm mmm m m mmmmmmm PRIVATE 0 COMMERCIAL 0 Rev 8/3/99 nat Municipal Airport November 27, 2002 Brad Garland - AAL622C US DOT- FAA 222 W. 7~ Avenue #14 Anchorage, AK 99513-7587 Dear Mr. Garland' Below are the proj.ects and rough cost estimates for current and future projects, at the Kenai Airport. , ,, year. Project " Entitlement Discretion'aw Total Funds Funds Funds ,, 2002* Phase' I1: Construct ARFFISRE ' $720,797 . $720,797 , 2002* Acquire secudty improvements: gates, fence and CCT s .ecudty cameras $17,.033 $250,000 $267,033 ,, 2002* Environmental assessment for 1L/19R extension $351,563 .... $351,563_ 2002* Acquire SRE equipment: loader, sander and dumP truck $215,625 $2.15,625 2003" ACquire. secu.rity improvements. $61,092 $61,092 2003 Airport terminal handicap access for ADA ..compliance (sidewalks & ramps) , . $250.,000 $250,000 2003 ..Acquire land for approaches $250,000 $250,000 2003 Reconstruct secudty fence . $500,000 $500,000 2003 Design for runway 1/19 extension, lighting, rehabilitate existing pavement, groove runway, safety area improvement, and pave.shoulders. $200,000 . $200,000 2003 Rollover or phase fo~ construction/safety ' ' area $350,000 2004 Construct rUnway improvements, extension, safety areas etc. etc . $1,300,000 $5,000,000 ..$6,300,000 200~ Construct runway improvements, extension, safety areas etc. etc $1,300,000 $!,300,000 2006 Acquire ARFF Equip~nent ' . $1,000,000 $1,000,000 2006 Environmental for Float Plane basin , expansion and taxi P extension ~"* $300,000 .... $300,000_ 2007 Fxtend Float Plan® Waterway $!,300,000 . $1,300,000 ':~008 .Update Master Plan . $250,.000 . $250,000 2008 Extend taxi way to Ski Strip And North GA area .... $1,050,000 $1,050,000 Total $14,666,110 , , , *Project currently under grant. www. ci. kenai.ak, us I also understand our 2003 CIP Data Sheets are expected by February 1, and completed applications are due July 15, 2003. If you have any questions please call me at 907.283.7951, ext. 21. Sincerely, Rebecca Cronkhite Airport Manager RC: mlb Cc: Linda Snow- City Manager Larry Semmens- Finance Director Phil Bryson - Wince-CortheI-Bryson Jack LaShot- City Engineer www.ci.kenai.ak, us MAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL AAEE~NG DATE: Mayor/Council Attorney ~ To¥1or/$prin~/er/Kebschull ¢l¢.rk ~ City Mana~er ~ Public Works Police Deportment ~ Finance ~ Engineer Senior Center ~ ~i~po~t ~ Kim Library ~ Porks & Recreation ~ Clarion Fire Deportment ~'Bloine Gilman ~' AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shop bock Buildin~ ~ointenonce Animol Control Water/Sewer Counter DELIVER Council Pockets to Police Deportment Dispatch desk. The Clarion & Gilman's Office will pick their pocket up at City Hall. The portion of the agenda published by the Clarion should be foxed os soon os possible after Noon on pocket day. The camera-ready agenda (c'/myfiles/documents/minutes/egende form for pope?) is emoiled to the Pcf;if;sula C/ar'ion (at emoil Contacts) and o copy is foxed to Denise at the Clario~ also. Home Page documents (agenda, resolutions and ordinances for public he~in~) ~e placed in the Clerk's HTML file o~ em~iled to the Clerk. Place them onto the city's website with Front Page from there os soon os possible. AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 18, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci, kenai.ak, us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Tim Wisniewski, Dick Hultberg, Jack Castimore, Dale Sandahl -- Proposed Playing Field Complex/Section 36 .ITEM D: PUBLIC HEARINGS 1. Ordinance No. 1979-2002 --Increasing Estimated Revenues and Appropriations by $195,153 in the General Fund for Transfer to the Debt Service Fund. 2. 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. 3. Ordinance No. 1981-2002 --Increasing Estimated Revenues and Appropriations by $12,223 in the Council on Aging Fund for Purchase of a Vehicle. 4. 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. 5. Resolution No. 2002-79 -- Formally Accepting an Increase to ADEC Grant No. 47547 from the State of Alaska, Department of Environmental Conservation in the Amount of $950,000 for Well House No. 4 and Water Mains. 6. *Liquor License Renewal -- Peninsula Oilers/Recreational Site -- Seasonal. 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. 2002-1983 -- Adding KMC 7.15.035 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. 4. *Ordinance No. 2002-1984-- Amending KMC 14.20.280(c) to Remove the Requirement that Notification of Public Hearings Be Sent Via Certified Mail. 5. Discussion-- Report to Council/McCollum-Aliak Drive Proposed LID 6. Discussion -- Rental Car Fees and Taxes 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 httD://www.ci.kenai.ak.us Carol L. Freas, City Clerk D756/211