Loading...
HomeMy WebLinkAbout2003-02-19 Council PacketKenai City Counci i Meeting Packet February 19, 2003 AGENDA KENAI CITY COUNCIL- REGULAR MEETING FEBRUARY 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) PROCLAMATION: KCHS HOCKEY TEAM -- Ill/4A NORTH STAR CONFERENCE CHAMPIONS le Presentation by Skyview High School National Ocean Sciences Bowl Team -- Stevic Kay-Phyfer, Jaime Miller, Rachael Beatty, Allison Simpson and Matt Smith. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS . Ordinance No. 1991-2003 -- Increasing Estimated Revenues and Appropriations by $779.25 in the General Fund for Drug Asset Forfeitures. e Ordinance No. 1992-2003 -- Increasing Estimated Revenues and Appropriations by $24,876.90 in the General Fund for an Alaska Highway Safety Grant to Purchase Video Cameras. , Resolution No. 2003-07-- Supporting Efforts to Secure a VISTA Volunteer to Develop a Strategic Economic Development Plan. , Resolution No. 2003-08 -- Supporting HB57, "An Act Amending the Manner of Determining the Royalty Received by the State on Gas Production As It Relates to the Manufacture of Certain Value Added Products." , , , ITEM E: , 2. 3. 4. 5. 6. 7. ITEM F: , ITEM G: ITEM H: ITEM I: , , , o Resolution No. 2003-09 -- Requesting FY 04 Safe Commumties Fundin§ From the Department of Community and Economic Development. Resolution No. 2003-10 -- Amending the City of Kenai, Alaska 2003- 2004 Capital Improvement Project (CIP) Priority List for Request of State Grants. *Liquor License Renewals-- Peninsula Moose Lodge # 1942 -- Club Oaken Keg # 1808 -- Package Store COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees b. C. d. Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce o MInuTEs *Regular Meeting of Februm3, 5, 2003. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1993-2003 -- Increasing Estimated Revenues and Appropriations by $1,782 in the General Fund Library Department for a State Grant. *Ordinance No. 1994-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Parks and Recreation in the RR, RR1, RS, RS 1, RS2, RU Zones From a Secondary Use to a Conditional Use and, in the IL and IH Zones, From a Secondary Use to a Principal Permitted Use. ITEM J: REPORT OF THE MAYOR o_ ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXF_,CUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT MAYOR'S REPORT FEBRUARY 19, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD TO: D-4, Resolution No. 2003-08 -- A copy of the Kenai Peninsula Borou§h's Resolution No. 2003-024, supporting HB57 and Senate Bill 50, amending the manner of determining the royalty received by the State on gas production as it relates to the manufacture of certain value-added products" which was passed unanimously. CITY CLERK CONSENT AGENDA No changes. o MAYOR'S REPORT Request to move the April 10, 2003 Airport Commission meeting to April 9, 2003 (moving the Planning & Zoning Commission meeting to the Clerk's Conference Room) in order to hold a joint work session with the Airport Commission prior to their meeting. The work session will be to discuss homeland security issues with Ken Jarmen and Mike Malchulsky of the Transportation Security Administration (TSA). Z 0 i x/zoo n.- Z ~ . 0 <I:: 0 ~°<~~~°~ i ~z ~ ~ ~ZU~O~0 O~ ~0 ,,=,,,>, z ,,, .~o< ~o Suggested by: Administrati~ City of Kenai ORDINANCE NO. 1991-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $779.25 IN THE GENERAL FUND FOR DRUG ASSET FORFEITURES. WHEREAS, the City of Kenai received $779.25 from drug asset forfeitures; and, WHEREAS, these funds must be used to purchase law enforcement equipment; and, WHEREAS, these funds will be used as part of the required 10% match of the Alaska Highway Safety grant for the purchase of video cameras. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Revenue $779.25 Increase Appropriations' Police Small Tools $779.25 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (01 / 30/2003) hl Introduced: Adopted: Effective: February 5, 2003 February 19, 2003 February 19, 2003 Suggested by: Administratio City of Kenai ORDINANCE NO. 1992-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,876.90 IN THE GENERAL FUND FOR AN ALASKA HIGHWAY SAFETY GRANT TO PURCHASE VIDEO CAMERAS. WHEREAS, the City of Kenai has received an Alaska Highway Safety Grant for $24,876.90 for the purchase of video cameras and related equipment for police patrol vehicles; and, WHEREAS, the grant requires a 10% match; and, WHEREAS, the Police Department Small Tools account has adequate funding to provide the match. 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: State Grant $24,876.90 Increase Appropriations: Police Department Small Tools $24,876,90 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of February 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (01 / 30/2003) hl Introduced: Adopted: Effective: February 5, 2003 February 19, 2003 February 19, 2003 Memo Froi~ CC.' Re: Linda Snow, City Manager Chuck Kopp, Chief of Police ~ Larry Semmens, Finance Director 1/29/03 Alaska Highway Safety Grant & Request for Ordinance Increasing Revenues The Alaska Highway Safety Office (AHSO) has approved our grant application for digital mobile video cameras in patrol vehicles. This grant will provide $24,876.90 for the purchase of 10 video cameras, 10 camera memory sticks (for still photos), 2 memory stick readers, a digital storage hard drive, DVC to VHS copier, camera printer, and printer paper. This equipment will greatly improve documentary evidence on DWI arrests. The Kenai Police Department made 142 arrests for DWI in 2002. Alcohol was a factor in 20 crashes resulting in serious injuries to 11 people and 17 DWI arrests. State law for presumption of intoxication is .08-breath alcohol concentration. The average B.A.C. for the responsible drivers was .201. Currently, the Kenai Police Department uses aging VHS-C mobile video cameras purchased in 1995 under an AHSO grant. The cameras have seen heavy use in all weather conditions and are increasingly prone to malfunctions and damage, thus failing to capture critical evidence in DWI investigations. Two of our cameras have been damaged beyond repair. The total grant request is $27,461.00. $24,876.90 is federally funded (90%), with the City being responsible for a match of $2,764.10. The match will come from our existing budget. AHSO notified Kenai Police Department on 01/23/03 that Congress had not yet approved federal funding for state highway safety projects, but that full funding was expected within the next couple months. On 01/29/03 Kenai Police Department received a Notice to Proceed authorization from AHSO for purchase of 50% of the original equipment request. This authorizes our department to spend up to $12,500 on equipment as outlined in the Project Agreement (See attached). AHSO will reimburse our expenditures immediately on receipt of invoice from the City. AHSO intends to fully fund our Project Agreement upon their receipt of federal funds. If this meets with your approval, please forward this to the Finance Department for an ordinance increasing appropriations to the Police Small Tools 21.2024 account, in the amount of $12,500.00. Suggested by: Administratiun CITY OF KENAI RESOLUTION NO. 2003-07 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING EFFORTS TO SECURE A VISTA VOLUNTEER TO DEVELOP A STRATEGIC ECONOMIC DEVELOPMENT PLAN. WHEREAS, the City of Kenai has historically sponsored and participated in many community economic development planning/visioning sessions; and, 'WHEREAS, there have been recent large numbers of job losses and revenue occurring within the City of Kenai among the retail, industrial, and resource sectors of the economy; and, WHEREAS, the City of Kenai Administration has recently undertaken a comprehensive review of the results and reports from earlier economic development forums to assess the need and the readiness for strategic planning and development, which is the next logical step in a cohesive comprehensive community economic development process; and, WHEREAS, developing a strategic economic development plan requires a great deal of work and intensive efforts to include, but not be limited to, community networking; data collection; the examination of reference materials; a review and refinement of the economic development mission statement and goals; the identificatiOn of assets and challenges; and, the economic outlook as it relates to all sectors of the economic; and, WHEREAS, cooperation and coordination with other economic development entities within the City, the Kenai Peninsula Borough, and both the State and the Federal governments is imperative in the development of a cohesive strategic economic development plan; and, WHEREAS, an integral element in the economic development planning process and plan implementation is the ability of the planner to respond on behalf of the City to economic development inquiries and opportunities. NOW, THEREORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, to support the application for a VISTA volunteer for the purpose of developing a Strategic Economic Development Plan, cooperating and coordinating with other economic development entities, and responding to economic development inquiries and opportunities. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Suggested by: City Cou CITY OF KENAI RESOLUTION 2003-08 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING HB57, "AN ACT AMENDING THE MANNER OF DETERMINING THE ROYALTY RECEIVED BY THE STATE ON GAS PRODUCTION AS IT RELATES TO THE MANUFACTURE OF CERTAIN VALUE ADDED PRODUCTS." WHEREAS, Agrium Kenai Nitrogen Operations is exceptional for its combination of high pay levels, amount and concentration of expenditures in Alaska; and, WHEREAS, Agrium Kenai Nitrogen Operations is one of the few industries adding value to Alaska's natural resources using Cook Inlet natural gas to create anhydrous ammonia and two forms of urea; and, WHEREAS, Agrium Kenai Nitrogen Operations purchases natural gas from producers in Cook Inlet; and, WHEREAS, Agrium Kenai Nitrogen Operations markets its products around the world competing against major world competition which is primarily based upon the monetization of trapped gas resources; and, WHEREAS, Agrium Kenai Nitrogen Operations is the Kenai Peninsula's third largest private employer and accounts for an additional 700 jobs in Alaska and the Kenai Peninsula; and, WHEREAS, Agrium Kenai Nitrogen Operations expenditures in Alaska are spread to over 250 businesses statewide with 118 companies located on the Kenai Peninsula; and, WHEREAS, House Bill 57 has been introduced which will provide for the State of Alaska to enter into agreements with non-affiliated natural gas producers to accept as the price for the State's royalty share the price established in an arm's length contract negotiated between the natural gas producer and a manufacturer of value added producers, like Agrium Kenai Nitrogen Operations. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following: Section 1~ The Kenai City Council urges the 23~d Alaska State Legislature to enact HB 57, "An Act Amending the Manner of Determining the Royalty Received by the State on Gas Production as it Relates to the Manufacture of Certain Value Added Products." Resolution No. 2003-08 Page 2 of 2 Section 2: Copies of this resolution shall be sent to all members of the 23~d Alaska State Legislature. Section 3: This resolution takes effect immediately upon its enactment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Page 1 of 1 Carol Freas L~ I L ............................................. From: G. Scott Pfaff [gspfoff@aurorapower.com] Sent: Tuesday, February 11, 2003 8:14 AM To: Carol Freas Subject: Resolution in Support of HB57 To whom it may concern, Aurora Gas, LLC is aggressively pursuing the development of natural gas producing properties, primarily on the West side of Cook Tnlet. Oil and Gas exploration and development is a high cost, high risk endeavor. As a producer looking to market our natural gas, there is great hesitation to enter into a gas sales agreement with a purchaser such as Agrium because it adds yet another layer of risk to the producer. A producer selling gas to Agrium runs the risk, in fact the probability, that several years after selling its gas to Agrium, the State will assert a claim that royalty needs to be paid on a value higher than the arms length negotiated contract price. This additional royalty, plus interest accrued at a higher-than-market rate, would have to be born by the producer and/or by the purchaser. Tt is for this reason that Aurora Gas, LLC and its natural gas marketing affiliate, Aurora Power Resources, ]:nc. strongly endorse HB57 and the concept that royalty should be paid on the basis of arms length negotiated contract prices. Accordingly, we salute and support the draft resolution in support of HB57 and urge the Kenai City Council to adopt same. G. Scott Pfoff Preside. hr, Aurora Po w~r Reaomcea, In c (718) 977-5799 Upgrade Outlooke- Add icons (~ ~ ~) to your emoiis I Click,Here! I Outlook® i, a regi,tered trademark of Micro,off Corporation 2/11/2003 23-LS0303~ HOUSE BILL NO. 57 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-THIRD LEGISLATURE- FIRST SESSION BY REPRESENTATIVES CHENAULT, Whitaker Introduced: 1/21/03 Referred: House Special Committee on Oil and Gas, Resources 10 11 12 13 14 A BILL FOR AN ACT ENTITLED "An Act amending the manner of determining the royalty received by the state on gas production as it relates to the manufacture of certain value-added products." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA' * Section 1. AS 38.05 '180(aa) is amended to read: (aa) Within 90 days after the written request of a lessee of a lease issued under this section or of a lessee of federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production, the commissioner shall enter into an agreement with the lessee to use or accept the price for the gas established in the contract between the lessee and a gas or electric utility: o.r between the lessee and a manufacturer~ as appropriate~ as the value of the state's royalty share of gas production sold by the lessee under the contract (1) but only if (A) for a contract between the lessee and a gas or electric utili .ty, the primary function of the utility with which the lessee has entered HB0057a -1- HB 57 New Tex~ Under2ined [DELETED TEXT Bt~CKETED] 23-LSO303L4~ 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 into the contract is to provide, either directly or ..by selling at wholesale to another utility, gas or electricity to the general public, including residential consumers, within the utilities' service areas, and the utility with which the lessee has entered into the contract is not an affiliated interest, as that term is defined in AS 42.05.990, with the lessee or with a subsequent purchaser of more than 10 percent of the utility's gas or electricity; o_Er (B) for a contract between the lessee and a manufacturer~ the primary function of the manufacturer is to engage in the production of a value-added product~ and the manufacturer with which the lessee has entered into the contract is not affiliated with the lessee or with a subsequent purchaser of more than 10 percent of the manufacturer's value-added product~ for purposes of this subparagraph~ the parties to a contract or purchase are affiliated if~ in the judgment of the commissioner~ one of the parties to the contract or 'purchase exercises substantial influence over the policies and actions of the other as evidenced by relationship based on common ownership or family interest or b.y action taken in concert without regard to whether that influence is based upon stoekholdings~ stockholders~ officers~ or direetors~ and (2) unless the commissioner makes a written finding, based on clear and convincing evidence, that (A) the contract price is unreasonably low; (B) the prospective reduction in royalty receipts would not be balanced in a contract entered into for a circumstance described (i) in (1)(A) of this subsection by increased benefits to in-state gas and electric consumers; o..Er (ii) in (1)(B) of this subsection by increased emt}lovment opportunities or other tangible benefits to the state~ (C) the lessee and the utility or manufacturer~ as at}t}ropriate~ are related in management, ownership, or other aspect; and (D) the contract price is not in the best interest of the state. Sec. 2. AS 38.05.180(bb)(2) is amended to read: HB 57 -2- HB0057a New Tex~ Unde~'2~.ned £DELETED TEXT Bt~CKETED] 23-LSO303La~ (2) "price for the gas established in the contract" includes tax reimbursement amounts, deliverability and other charges, and other forms of consideration paid by the gas or electric utility or by the manufacturer~ as annropriate~ under the contract; * Sec. 3. AS 38.05.180(bb) is amended by adding a new paragraph to read' (4) "manufacturer" means a person that is a business entity other than a gas or electric utility primarily engaging in the manufacturing of a value-added product using state royalty natural gas as a component raw material. HB0057a -3- New Tex~ Under2ined [DELETED TEXT Bt~CKETEDJ HB 57 3ost-it* Fax Note 7671 Co./Dept. Phone # ~ [n~oduced by:  Date: ~ Action-' Vote: KENAI PENINSULA BOROUGH RE$OLU~ON ~00~-024 Mayor, Superman 02/18/03 · A RESOL~ON SUPPORTING THE PASSAGE OF HOUSE BILL 57 AND SENATE BILL 50 AiVIENDING Tt~ MANNER OF DETERMINING THE ROYALTY RE~ BY THE STATE ON GAS PRODUCTION AS IT RELATES TO THE MANUFACTURE OF CERTAIN VALUE-ADDED PRODUCTS WHEREAS, Agrimn Keami Nitrogen Operations is exc=ptiond for its combination of high pay levels, amour and concentration of expenditures in the. Kcnai Peninsula Borough · and Alaska; and WHEREAS, Agrium Kena/Nitrogen Opgrations is one of the few industries adding value to · . Alaska's natural resources by usin§ Cook Inlet natural [as to create anhydrous · ammonia and two fora of urea; and 'WHEREAS, Agrium Kenai Nitrogen Operations purchases natural gas from producers in Cook Inlet; and · WI~REA8~ Agrium Kenai Nitrogen Operations markets its products around the world' comp,ting against major world competition which .is primarily based upon tho monition of trapped ga~ resources; and. WttEREA$, Agrium Kcnai Nitrogen Operations is thc Kcnai Pe~in.ula's third largest private employer and accounts for an additional 700 jobs in Alaska and th~ Kcnai P~n_in~a Borough; and WHEREAS, Agrium Kenai Nitrogen Operations expenditures in Alaska arc spread to over 250 businesses statewide with 118 companies located within the Kcnai Peninsula -. Borough; and WHEREAS, House Bill 57 and Senate Bill 50 have been introduced which w/Il provide' for the Stare of Alaska to enter into agreements' with non-affiliated natural gas producem to accept as the price for the State's royalty share the price established in an arm's length contract negotiated between the natural gas producer and Agr/um Kenai · Nitrogen Operations; Kma/Peninmta Borough, Aluka Resolution 2003-024 Page I of 2 Feio !9 03 03:39p CEDD 262676~ p.2 NOW, THEI~FORE, BE IT RESOLED BY THE ASSEMBLY O~' THE KENAI · PENINStK,A BOROUGH: SECTION I: That th~' Kcnai Peninsula Borough Assennbly urges the 23'a Alaska state Legislatur~ to enact Home Bill 57 and Senate Bill 50, Acts amending the mann~ of determining ~e roya2ty received by the state on gas production as it relates to the' manugaeture of certa~ value added products. , · SECTION 2: That copies of this resolution shall be sent'to Senator Tom Wagoner, Senator 'Alan Austerman, Kepresentative M/ke Chenault, Kepresentative ?afl Seaton, Representative Kelly Wolf and Governor Frank Mu~kowski. SECTION 3: That ~ resolution takes effect immediately upon its enactment. , ADOPTED BY ~ AS~MI~LY OF ~ ~NAI PENINSULA BOROUGH THIS 18TH DAY' OF FEBRUARY 2003. ATTEST: ' Pete Sprague, Assembly Presidex~t Linda S. MUrPhy, Boro~h Clerk · .. Resolution 2003-024 Page 2 of 2 Kcnai Peninsula Borough, Alaska KENAI,PENINSULA BOROUGH Oil and Gas Office 43335 Kalifomsk'y Beach Road, Suite 16 Soldotna, Alaska 99669-8250 BUSINESS: (907) 262-6355 FAX: (907) 262-6762 CELL: (90¢) 398-8245 bpopp(~bomugh, kenai.ak, us -. DALE BAGLEY MAYOR To: Pete Spmgue, Assembly President Assembly Members Thni: ~/-~ Dale L. Baglcy, Mayor From: ~ Bill Popp, Off & Gas Liaison February 6% 2003 s jecr: House Bill 57 and Senate Bill :50 The Administrati~ requests thc ~n of the Assembly for House Bill 57 and Senate Bill 50. Thee ¢ompardon pioc~s of lcgi~fion would allow t.~ Commission~ of the Depar~em of Natwal Resources the discretion to enter imo agreements with non-affiliated natural gas producers to accept as tho price for the State's royalty share of natural gas the price established in an arm's length contract negotiated betwean the natural gas producer and Agrimn Kenai Nitrogen O~fi.o~ and any oth~ manaf~r that u~ Almka nam~ g~ to create valuo added prodaet~. Carrcmtly, under.~ 38.05.180, this typo of fixed royalty pricing arrartgemem'i~ allow~ only for public el¢otri~ ulilifie~ a~ a m~m of offering price ¢¢minty for natural g~ for mo in pow~ g~fiom Traditionally, thc State of Almka usually takes 12.5% of most produc~ natural gas as i1~ royalty share of the resource, most of which is sold through an "in-~d" agr~¢mmxt whcr~ the producer · acts as thc selling 'agent' for the Stme. Further, thc State of Alaska maintains an expecta~on that it will r~ceive the hi~'~ pr~aiIing value for its royalty sha~ of natural gas sold. This value is calculaed on a quarterly basis. Using this method has resulted in broad fluctuations in thc value ofroyalty natural gas. Agritm~ has requested this legislation to provide for a more stable cost structure for thc natural gas it relies on as a feedstock for its Nikiski facility..Under the current system, Agrium faces thc poten~ for broad frmlre price swings and retroactive royalty payment demands from the Stare for past royalty payment adjustments. This lack of price cena/nty makes it very difficult for Agrium to ostablish somxl bminess planning for ~tmn-, production and capital inve~nt~. It should be noted that the proposed legislati°n will apply to any non-affiliated manufacturer of value-added products that use naUn-al gas as a feed stock_ At~!iatcd companies such as the ConocoP~ps LNG- facility, whezo th~ ~ppli~ of natural ga~ al~o own~ th~ value-added manufacturing f~ty, will not qualify for this kind of royalty gas pricing agrea~=. Suggested by: Administration City of Kenai RESOLUTION NO. 2003-09 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING FY 04 SAFE COMMUNITIES FUNDING FROM THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. WHEREAS, AS 29.60.350(b) requires the governing body of a municipality to adopt a resolution requesting safe communities funding and to submit the resolution to the Department of Community and Economic Development; and WHEREAS, the City of Kenai is desirous of receiving safe communities funding; and WHEREAS, AS 29.60.350(c) requires that money received by a municipality under the safe communities program be used only for the following services in the following ranking of priority: . 2. 3. 4. 5. Police protection and related public safety services; Fire protection and emergency medical services; Water and sewer services not offset by user fees; Solid waste management; Other services determined by the governing body to have the highest priority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it requests, through this resolution, payment from the FY 04 safe communities program by the Department of Community and Economic Development and agrees to spend such payment as required by law. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of February, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~_~~f (2 / 11 / 2003) hl Suggested by: Council CITY OF KENAI RESOLUTION NO. 2003-10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, AMENDING THE CITY OF KENAI, ALASKA 2003-2004 CAPITAL IMPROVEMENT PROJECT (CIP) PRIORITY LIST FOR REQUEST OF STATE GRANTS. WHEREAS, input from the Peninsula Legislative Delegation to the Kenai City Council encouraged the inclusion of smaller capital projects to the City's 2003-2004 CIP; and, WHEREAS, the Council of the City of Kenai, after receiving and analyzing input from City of Kenai Administration and after their discussion and deliberation, has decided to amend their original CIP Priority List included in Resolution No. 2002-69; and, WHEREAS, it is the intent of the Council that any paving projects in residential areas will be partially funded by forming assessment districts in order to make any available State funding go farther toward completion of the priority list; and, WHEREAS, public meetings were held concerning Capital Improvement Projects; and, WHEREAS, the Mayor and the Council of the City of Kenai pledge their affirmative vote for the maintenance and operational costs of all the City projects listed. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA adopt the attached amended list entitled "CITY OF KENAI, REQUEST FOR STATE GRANTS, 2003-2004 CAPITAL IMPROVEMENT PROJECTS"; and, BE IT FURTHER RESOLVED that prior to initiating paving projects in residential areas through the use of State funds, the City shall hold public hearings toward the formation of special assessment districts to partially fund projects listed on the Capital Improvements Project priority list. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of February, 2003. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk CITY OF KENAI REi~UEST FOR STATE GRANTS 2003 - 2004 CAPITAL IMPROVEMENT PROJECTS 1. Kenai Coastal Trail - Construction $10,000,000 , 2. Roads 3,000,000 3. State of Alaska Dip Net Fishery Projects 1,000,000 a. Dock Area Paving b. New Launch Ramps c. New Dock Access Road 4. Public Safety Building Improvements 35,000 5. Park Improvements a. Municipal Park Improvement 250,000 b. Leif Hansen Park Improvement 40,000 c. Cunningham Park Improvement 25,000 d. Skateboard Park Improvements 82,800 6. Fire Protection, VIP Subdivision 20,000 7. Water Supply Expansion Study 20,000 8. Public Facilities Wiring Upgrades 50,000 9. Environmental Clean-Up 300,000 TOTAL $14,822,800 , Resolution No. 2003-10 Attachment o . o ° o o Public Safety Building Improvements $35,000 The majority of these funds ($25,000) would be used to improve the performance of communications equipment to reduce or eliminate the ongoing interference issues experienced by dispatchers. It has been determined by ProComm that a lack of separation between radio frequencies and aging combiner equipment, antennas, and coaxial cable (all having exceeded their useful life} necessitates an engineering solution to resolve. The remaining funds would be used to purchase 18 replacement public safety gear lockers ($5,000) and construct a safe walkway, including steps, from the back parking lot of the Public Safety Building to City Hall ($5,000). Park Improvements (a) $250,000; (bi ' $40,000; (c! $25,000; id! $82,800 The Municipal Park improvement plan ($250,000} includes one large pavilion, kiosk/signs; 6 handicap accessible picnic tables, 14 standard picnic tables; benches and trash receptacles; 6 accessible BBQ pits and 14 standard pits; 3,600 linear feet of trail upgrade; 31,350 sq. ft. picnic areas; 20 car parking lot; gates; landscaping; engineering. (b) The Leif Hansen Park improvement plan ($40,000} includes the engineering, design, and installation of an underground sprinkler system. (c} The Cunnin§harn Park plan ($25,000) includes both new and replacement benches, trash receptacles and shelter. (d) Skateboard park improvements ($82,800) includes ramp equipment and park signa§e. Fire Protection, VIP Subdivision $20t000 This project would provide a dependable water supply for fire protection in the VIP Subdivision, which is located across the Kenai River estuary over the Brid§e Access road. The VIP subdivision is not connected to city water and, therefore,/'Ire protection is now provided by shuttling water from hydrants located on the opposite side of the Brid§e. Providing a reliable non-potable water supply would include a well and possibly a fIre pump and a hydrant. Water Supply Expansion Study $20,000 This study would research and analyze the cost and feasibility of obtaining and utilizing the existing water system at the vacant Wards Cove cannery. There are three wells at the Wards Cove site, producing in excess of 750 gpm, and a 60,000 gallon cistern. The study would examine water potability, the value of the water system, the creation of a hydrant system for the VIP subdivision, and how the City mi§ht establish a metering system for domestic and cannery use. Public Facilities WirinE Upzrades $50,000 The quality of communications cabling in several public facilities is very poor and does not meet computer networking and data transfer requirements and standards; the current standard is Cat 5e and older public buildin§s were not constructed at that standard. Environmental Clean-Up $300,000 Environmental investigation of the City public works area has revealed the need to perform environmental clean-up on the property which was contaminated due to its use many years ago as a road oil storage pit; there are buffed drums on the property. The project will require the removal of soil and other items with associated treatment and/or disposal. A sewer main extension into the yard area will also be needed, with connections to floor drains and restrooms, as well as the proper abandonment of old leach pits. Further soil and groundwater testing and monitored will also be required. This project could easily be completed into three separate phases at approximately $100,00 for each phase. KENAi PENINSULA BOROUGL 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@ borough.kenai.ak.us February 12, 2003 LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 Re: Application for Renewal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Club Peninsula Moose Lodge - # 1942 Package Store Oaken Keg - # 1808 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk cc: applicant City of Kenai KPB Finance Department File S:\WPWIN~ATA~a, BCB~Abc-letters~WALS~Renewal in City.wpd Page ! of 2 Carol Freas . From: Dawn R. Holland-Williams [dawn_holland-williams@revenue.state.ak. us] Sent: Tuesday, FebrUary 04, 2003 12:06 PM To' Homer; Carol Freas; Kenai PB; Seward; Seward (2) 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- Bev Disp (ltomer & KPB) Land's End 03/04-645 4786 Homer Spit Rd Land's End Acquisition Corp Jon .Fauikner 235-6970 4621 West Hill Rd Homer AK 99603 Type: License: File #: Location' Owner: Agent: Phone: Mailing Address- Club (.Kenai & KPB) PeninSula .Moose Lodge #1942 03/04-2494 1.2516 Spur Hwy Lorai Order of Moose Lodge #1942 Lexis Document Services 1-800-217-3220 4009 Diane Rd Juneau AK 99801 Type: License: File #- Location: Owner' Agent: Phone: Mailing Address: R/E Place Seasonal (Seward & KPB) Apollo Restaurant 03/04-3230 229 4th Ave Argyrios & Deborah Danakos N/A 224-3092 PO Box 1443 Seward AK 99664 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 furnishing 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 2/4/2003 Page 1 of 2 Carol Freas From: Jane Gould [jane_gould@revenue.state.ak.us] Sent: Wednesday, February 05, 2003 4:33 PM To' Kenai Peninsula Borough Essert, Sue Ellen; 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: Restaurant Eating Place License: Golden Dragon License #: 03/04-2069 Location- 36100 Spur Hwy Owner: Chon Won Cho Agent: N/A Address: 36100 Spur Rd Soldotna AK 99669 Kenai Peninsula Borough Type: Package Store License: Oaken Keg #1808 License #: 03/04-3218 Location: 10576 Kenai Spur Hwy Owner: Oaken Keg Spirit Shops Inc Agent: CSC 801 W 10th St. Suite #300 Juneau, AK 99801 Address: 36100 Spur Rd Soidotna AK 99669 Kenai 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 furnishing 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 2/5/2OO3 COUNCIL ON AGING FEBRUARY 6, 2003 KENAI SENIOR CENTER 10:00 A.M. fl/ ANNUAL MEETING ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: , ,, APPROVAL OF MINUTES -- January 2, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS Ce d, Annual Reports Discussion -- Growth vs. Cost for Meal Program, i.e. Salad Bar, Serving Portions, Su§gested Donations, Home Meals. Discussion -- Rides to Soldotna (Monday, Wednesday, Friday) Discussion -- Valentine's Dinner Discussion-- Fundraisers (Mystery Theater, Raffle) ITEM 7: REPORTS ,,, Council on Aging Chair Director Council Liaison ITEM 8: QUESTIONS & COMMENTS ITEM 9: INFORMATION a. ITEM 10: Council Action Agendas of January 2 and 15, 2003. ADJOURNMENT COUNCIL ON AGING FEBRUARY 6, 2003 KENAI SENIOR CENTER 10:00 A.M. ANNUAL MEETING Chair Richard JurEensen, 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' The roll Members present: Others present: Huddleston, Jones, .Jurgensen, OSbom, Wilson, Kuntzman, Hollier City Clerk Freas, Council Member Swamer, Director Craig, Betty Nelson, June and Joe Harris ITEM 2: AGENDA APPROVAL MOTION: Member Osbom MOVED to 'approve the agenda as presented'and Member Jones SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES -- January 2, 2003 MOTION: · Member Huddleston MOVED to approve the minutes as presented and there were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5' OLD BUSINESS-- None. ITEM 6: NEW BUSINESS Election of Officers MOTION' Member Huddleston MOVED to retain the same officers as last year (Richard Jurgensen, Chair and Bill Osbom, Vice-Chair) and Member Osbom SECONDED the motion. There were no objections. SO ORDERED. Annual Reports Growth vs. Cost for Meal Program, i.e. Salad Bar, Serving Portions, Suggested Donations, Home Meals. Craig reported, the growth in the home and congregate meal program had grown in the last several years without an increase in funding toward the costs of meal preparation, i.e. from 21,014 in FY2000-01 to an estimated 26,806 in FY2003/04. She also noted, the Title 5 grant funds, used for transportation, is also changing dramatically and she is weighing whether the changes will be detrimental to the program and whether it is determined continuing the Title 5 grant is affordable. Craig added, she will have the drivers distribute survey assessment forms for home clients to complete and return for an indication of whether there are people who may be able to come to the Center instead of taking meals at home, which would lessen some of the cost related to home meals. A discussion followed in which the following comments/suggestions were made: Charge for delivery of the meals -- the grant requests a suggested donation and letters go to the clients monthly with an account of meals delivered for the month and the suggested donation of $4.00 per meal. If the person is unable to pay, arrangements can be made. A directors' meeting will be held in Kenai next month at which time they will be discussing meal programs. When the Center has special events, i.e. New Years dinner, etc., they prepare special meals but have not requested additional donations to cover the costs. They feel they are following the grant outlines, however the costs of the meals is increasing and the grant funds have not increased. Transportation -- Craig explained the state is pushing for coordinated efforts between agencies. The Center requests all clients to arrange for doctor appointments on Monday, Wednesday or Fridays. If the Center's schedule can only insure a one-way ride, they arrange for the return ride by another agency. Additionally, the State Department of Transportation will no longer award grant funds for vehicles if the vehicle is not used as part of a public transportation system. Craig also noted, the Center depends on their Title 5 workers who are paid at minimum wage. The grant is designed as a training program and states those employees being paid with those funds are to be looking for other work. Following these requirements will largely impact their program. Activity Program -- Craig reported the Valentine's Dinner will be held at 5'30 p.m. and no lunch will be served that day. Home meals will be prepared as usual. A waffle bar will also be made available on Valentine's Day, hOwever a volunteer is needed for several hours to make the waffles, etc. Fundraisers (Mystery Theater, Raffle)' Craig reported she has been researching other Centers' newsletters, etc. to find if larger donations are requested for special COUNCIL ON AGING MEETING FEBRUARY 6, 2003 PAGE 2 events/fundraisers. She also noted other fundraisers coming up are a desk raffle, quilt raffle, and the Kenai Players/Mystery Theatre (the price for the meal and theatre will be decided by the Senior Connection and the Kenai Players}. The members were encouraged to offer suggestions in regard to increasing donation requests for special events, transportation, etc. ITEM 7: REPORTS Council on Aging Chair-- No report. 7-b. Director-- Craig reported she attended a homelessness seminar and learned there are a lot of people on the Peninsula who are homeless. A Kenai Peninsula Housing Authority is being formed to focus on special needs and homelessness and what can be done to help. Member Huddleston noted the Chamber's comments they will no longer be in charge of the Fourth of July event. Craig noted, if the event does not take place, the Center will have to develop other activities to replace the revenue they will lose from not having the pie/hot dog sale. Osbom suggested a pie table at the Industry Day picnic. Huddleston suggested the Center help with the Fourth of July event and Craig noted she had made some queries at the Chamber and discussed it further with the city manager who was not in favor of the Center taking on the responsibility as their schedule is already packed with activities and responsibilities. 7-c. Council Liaison -- Councilwoman Swarner reported the following: * Council will meet in a work session with members of the Chamber of Commerce Board of Directors in the near future. She expected one of the items to be discussed will be the parade. · Council discussed a proposed ordinance to prohibit smoking in establishments where food is served. She noted, most people testifying favored such an ordinance. The council directed administration to formulate an ordinance and that it focus on restaurants, bar/restaurants, and bars, however she didn't feel there was interest in having non-smoking bars. If council enacts such an ordinance, Swarner explained, a time allowance would have to be given to allow the owners to make any necessary renovations. · The level for competitive bidding for construction projects will remain at $10,000. · Council heard a presentation regarding the Community Care Foundation, an group organized to allow person to leave endowments to non-profit groups. · A visioning session was held immediately after the Library Commission meeting and was well attended. The session garnered some interesting suggestions. · A work session will be held on February 20 to discuss budget preparation. COUNCIL ON AGING MEETING FEBRUARY 6, 2003 PAGE 3 She will not be attending the next Council on Aging meeting as she will be attending a conference in Washington, DC and meeting with the congressional delegation. ITEM 8' OUESTIONS/i~ COMMENTS ITEM 9: INFORMATION Council Action Agendas of January 2 and 15, 2003. ITEM 10: ADJOURNMENT MOTION: Member Osbom MOVED to adjourn and Member Huddleston SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10:55 a.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING FEBRUARY 6, 2003 PAGE 4 t,~orrlrill,,5,51on ,, CITY OF KENAI "Village with a past .- City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS NAME: Mailing Address _ __ ~m~:., ---_ ..... Home Telephone No. ~..'~:~' 194'~'_ _, Home Fax No ........ _----_- .... _._ _ Business Telephone No .... Business Fax No. EMPLOYER: _ -- :-2 _ .- - _ - --. .... ......... iii _ _ -- -- ' IL_ http :llwww. Cl. kenai, ak. us/commissionslcommissionapplication, rttm 2111 ~2O03 Commission Application Page 2 of 2 Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (fax), 283-7535, ext. 231 (phone) http: llwww. Cl. I(enai. aK. us/comm issionslcomm issiorlapplication, r~tm 2/1112003 CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT I~NAI, ALASKA 99611 (9O7) 283-4156 Council on Aging AppliCation Name Betty Curtis Mailing Address 381 Senior Court, #303, Kenai, AK Residence Address Phone 283-1916 same Current memberships in organization: Senior Connection , , TOPS ,, My involvement at the senior center: Various Volunteering My interest in beCOming a member of the advisory board came about because,, I 're,alized if I wanted to make changes, I needed to Date CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT I~NAI, ALA~~ 99611 (907) 283-4156 Council on Aging Application ,: JOL 26 Mailing Address Residence Address Current memberships in organization: My involvement at the semor center: My interest in becoming a member of the advisory board came about because, Signature ~ CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 2~-4156 Council on Aging Application Mailing Address Residence Address I~"' RECEIVED t KENAi'CITY cLERK i ii i , Telephone CuITent memberships in organization: My involvement at the senior center. My interest in becoming a member of the advisory board came about ~"¢ "~ 7---~-~~ CITY OF KENAI "Village ~th a p~st- Ci(~ ~ith a future. Resident of the City of Kenai? Residence Address Marling Address Home Fax No. Business Fax No. NAME OF SPOUSE: ~"~, V, DATE: BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMIS,~ iONS' ~ ~C~[~,~E~ "~ ~..,..., ,.. ~. ,a. KENAI CITY CLERK 353 How long? Home Telephone Business Telephone No Email Address: ~ I fZ~ ~ ~ ~ ~ a Job Title Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signatur~'~ .... '~ /- - KENAI HARBOR COMMISSION MEETING FEBRUARY 10, 2003 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: 'ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES December 9, 2002 January 6, 2003 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS REPORTS Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS/QUESTIONS INFORMATION Kenai City Council Action Agendas of January 2 and 15, 2003. Resolution No. 2003-04, declaring the Kenai Coastal Trail and Erosion Control Project the Number One Capital Improvement Project Request for U.S. Federal Funds. ADJOURNMENT KENAI HARBOR COMMISSION MEETING FEBRUARY 10, 2003 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER/k ROLL CALL Chairman Thompson called the meeting to order at approximately 7'00 p.m. confirmed as follows: Roll was Present: Absent' Others Present: Thompson, Eldridge, Barrett, Foster, Spracher Simon Councilman Bookey, Public Works Manager Komelis, Department Assistant Harris ITEM 2: AGENDA APPROVAL MOTION: Commissioner Spracher MOVED to approve the agenda as presented and Commissioner Barrett SECONDED the motion. There were no objections. ORDERED. SO ITEM 3: APPROVAL OF MINUTES December 9, 2002 January 6, 2003 MOTION: Commissioner Barrett MOVED to approve the minutes of December 9,' 2002 and January 6, 2003. Commissioner Foster SECONDED the motion. There were no objections. ~O ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS-- None ITEM 6' NEW BUSINESS -- None ITEM 7: REPORTS 7-a. Director -- Public Works Director Komelis reported the following: · Komelis and the Commission read and reviewed a memorandum from the Army Corps of Engineers regarding the Kenai River Bluff Erosion project status which was distributed at the beginning of the meeting. Chairman Thompson reported he attended the (Coastal Trail) meeting which involved State and Federal agencies as well as city representatives. Thompson stated the agencies discussed the status of each of the components outlined in the memo (hydraulics, sedimentation, environmental studies and bank stabilization analysis). · Bid document preparations are being finalized for the dock lease. The leases should be ready for bid by the first part of March. · Due to extremely mild weather conditions, the shop has been able to finish many housekeeping projects. Dock Foreman --None 7-c. City Council Liaison --Councilman Bookey reported the following: · Noted the copy of Resolution No. 2003-04 included in the packet, naming the Kenai Coastal Trail and Bluff Erosion project as the number one project for the City of Kenai on a federal level. · The Harbor and Planning & Zoning Commissions each need a new member; Council will review applications and make a decision at the next council meeting. · A work session to re-evaluate the budget will be held on February 20th. · The Comprehensive Plan will be presented February 12, 2003 at the Planning & Zoning meeting. ITEM 8: COMMISSIONER COMMENTS/(~UESTIONS · · meetings. Foster stated he would be absent for the March 2003 meeting. Thompson stated he would be absent for the March and April 2003 ITEM 9: INFORMATION Kenai City Council Action Agendas of January 2 and 15, 2003. Resolution No. 2003-04, declaring the Kenai Coastal Trail and Erosion Control Project the Number One Capital Improvement Project Request for U.S. Federal Funds. ITEM 10: ADJOURNMENT The meeting adjourned at approximately 7'40 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant HARBOR COMMISSION MEETING FEBRUARY 10, 2003 PAGE 2 KENAI LIBRARY COMMISSION FEBRUARY 4, 2003 6:00 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- January 7, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: REPORTS Director Friends of the Library City Council Liaison ITEM OLD BUSINESS Election of Officers ITEM 7: NEW BUSINESS ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: INFORMATION Kenai City Council Action Agendas of January 2 and 15, 2003. ITEM 10: ADJOURNMENT KENAI LIBRARY COMMISSION FEBRUARY 4, 2003 6:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIRMAN BOB PETERS, PRESIDING MINUTES ITEM 1: CALL TO ORDER tis ROLL CALL Chairman Peters called the meeting to order at 6:00 p.m. follows: Roll was confn-rned as Commissioners Present: Commissioners Absent: Others Present: DeForest, Brenckle, Brown, Peters, Heus, Rodes Coon Councilman Moore, Library Director Jankowska, Deputy Clerk Harris ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Brown SECONDED the motion. There were no objections. ORDERED. SO ITEM 3: APPROVAL OF MINUTES -- January 7, 2003 Commissioner Brenckle requested a change to the January 7, 2003 minutes Item 2 to state, "Seconded the motion." MOTION: Commissioner Brenckle MOVED to approve the corrected minutes and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO, BE HEARD -- None ITEM 5: REPORTS Director -- Director Jankowska reported the following: 9,000 items were checked out in the last month. · March 2, 2003 is Dr. Seuss's birthday with a party being held at the library at 2 p.m. a-bo Friends of the Library-- Commissioner Heus reported the following: The Friends sent reminders for all Friends of the Library members to attend the Visioning Session. · $16,000 from the Gates Foundation has been received. Allotment of the money is to be determined by the Foundation. · Eleven new members have joined. March 6, 2003 is Writer's Night. The 2003 raffle brought in $13,487 toward the building fund. a-ce City Council Liaison -- Councilman Moore reported the following: · Moore provided a brief summary of the K-Mart closing situation. Council will hear public testimony on the proposed ban on smoking in restaurants. · The City of Kenai and the City of Soldotna met for dinner and discussion; the work session went well. ITEM 6: OLD BUSINESS 6-a. Election of Officers MOTION: Commissioner Brenckle MOVED to nominate Emily DeForest as Library Chairperson and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Brown MOVED to nominate Kathy Heus as Library Co-Chair and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: NEW BUSINESS -- None ITEM 8: COMMISSIONER COMMENTS / OUESTIONS Heus informed the Commission of a presentation made by Betsy Arbelovsky concerning the Community Care Foundation which is a non-profit organization designed to provide support with grants and funding. Councilman Moore informed the Commission Arbelovsky would be addressing this issue at the February 5, 2003 Council meeting. ITEM 9: INFORMATION Kenai City Council Action Agendas of January 2 and 15, 2003. ITEM 10: ADJOURNMENT The meeting adjourned at approximately 6:30 p.m. Minutes prepared and written by' Sharon M. Harris, Department Assistant LIBRARY COMMISSION MEETING FEBRUARY 4, 2003 PAGE 2 Kenai Library Visioning Session February 4, 2003 Kenai City Council Chambers 6:30 p.m. NOTES Library Commission Present' Library Commission Absent: Staff/Council Present: DeForest, Brown, Rodes, Heus, Brenckle Coon Mayor Willies, Council_m_an Moore, Councilwoman Swarner, Library Director Jankowska, Department Assistant Harris Library Director Jankowska began the session at approximately 6:50 p.m. Jankowska provided a presentation outlining contemporary library architectural designs, public needs, and types of aesthetic qualities which attract patrons. Jankowska stated modem libraries are more multi-media focused and are becoming largely digitally based with online catalog classification systems. Jankowska introduced Phil North as the session's moderator and Margaret Gilman as the recorder. North explained, the idea of the session is to brainstorm and produce various ideas focusing on increasing library patronage and library improvements to possibly be implemented in future library endeavors. The following suggestions were made' North read a letter submitted by Mark Johnson which stated the library is a great asset and should continue its evening and weekend hours, improve book and magazine selections, create more space and reduce size of stacks, and provide snacks and many comfortable chairs. Replace lost or stolen books in a timely manner. Reorganize books; some are very difficult to locate as the stacks are too full. Try to get the community more involved and create public ownership. Create a 'community center' at the library by incorporating theater, performance space, teen center activities (movies, music, snacks), art displays and enclosed study rooms. Create a space which can comfortably accommodate up to 150 people for various activities. Provide language classes. Produce and send an email newsletter on a monthly basis; include staff picks for books, student representative perspectives, etc. Provide better lighting. Increase comic book (graphic novel) selections. Create more space for the Alaskana section. Merge online cataloging reformation with local school and university systems to possibly provide a unified catalog. Create service areas for the library. To create more space in the current library, utilize the old courthouse basement to store books with little to no circulation. M ore publicity. Establish programs to combine the Parks and Recreation department with library activities to help meet the needs of junior high school/high school-aged patrons by providing an enclosed teen center area with music, television, study rooms, snacks, etc. Create a high school competition in which the students 'plan' the library and layout; involve local high schools as well as the Alternative school. Use Friends of the Library as a public relations group to help publicize library happenings and establish fundraising events. Create space for and bring the law library into the Kenai library. Expand the'volunteer program to include incentives such as Friends of the Library scholarships. Bob Peters provided a recap and history of the library expansion and fundraising efforts. Peters suggested future energies should be spent on fundraising and public awareness of library endeavors. Create a more appealing junior section (junior high/high school age). Several participants commented on the lack of involvement the library has in this age bracket. Provide extended hours for parties. Provide a cafd-style atmosphere with a comfortable reading/lounge area. North thanked everyone for participating and closed the visioning session at 8:45 p.m. Notes prepared by: Sharon M. Harris, Department Assistant LIBRARY COMMISSION VISIONING SESSION FEBRUARY 4, 2003 PAGE 2 KENAI PARKS/k RECREATION COMMISSION FEBRUARY 6, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- January 2, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Veon Ktech -- Use of Old FAA Fields for Soccer ITEM 5: OLD BUSINESS ae Discussion-- Airport Triangle Landscape Plan Discussion -- Skateboard Park Update ITEM 6: NEW BUSINESS ITEM 7: REPORTS Commission Chair Director City Council Liaison ITEM 8: COMMISSION QUESTIONS/h COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Council Action Agendas of January 2 and 15, 2003. Beautification Committee Minutes of January 14, 2003. ITEM 11' ADJOURNMENT KENAI PARKS/h RECREATION COMMISSION FEBRUARY 6, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR TIM WISNIEWSKI, PRESIDING MINUTES ITEM 1: CALL TO ORDER/~ ROLL CALL Chairman Wisniewski called the meeting to order at 7'00 p.m. Members Present: Members Absent: Others Present: Baxter, Wisniewski, Gifford, Sandahl, Castimore, Steiner Hultberg Councilwoman Porter, Director Frates, Airport Manager Cronkhite, Contract Secretary Roper ITEM 2: AGENDA APPROVAL Chairman Wisniewski requested Item 5-a the following changes: Item 5-a. become 4-a.; Item 4-a. become 4-b., and Item 5-b. become 5-a. With no objections, the agenda was approved as changed. ITEM 3: APPROVAL OF MINUTES -- January 2, 2003 The minutes of January 2, 2003 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD Discussion- Airport Triangle Landscape Plan Rebecca Cronkhite, the Airport Manager, presented photographs of the proposed airport triangle landscaping plan and explained the purpose of the new plan was because the trees obscured the flagpoles/flags. Cronkhite stated the Airport would assume the cost of the new plan. Discussion took place on maintenance and it was noted the new plan would require less maintenance than what is currently in place. Cronkhite added, the airport transfers money into the Parks budget to cover maintenance costs. Cronkhite also reported the aircraft currently displayed in the area would remain as it was a donation from the Air Force and the City is required to provide proof annually that the display continues. MOTION: Commissioner Castimore MOVED to accept the proposed landscape plan noting the airport would assume the cost and money would be transferred to the Parks budget to cover maintenance. Commissioner Sandahl SECONDED the motion. VOTE: Baxter No Sandahl Yes Wisniewski Yes Hultber§ Castimore · Absent Yes Gifford Steiner lyes Yes MOTION -PASSED. Veon Kiech -- Use of Old FAA Fields for Soccer Veon Kiech introduced Tom Bennett from the Kenai Peninsula Soccer Club. Bennett explained the Club previously used the school district field for their soccer games but this year will be prohibited due to the grass deterioration before the school year begins. Bennett requested permission to utilize the FAA fields for their lead games only, adding, the Boys & Girls Club will also share in the usage. Commissioner Sandahl stated he hoped this requirement would point out the need for the proposed sports complex. Sandahl expressed concern with the condition of the FAA field and the potential safety hazards. Bennett explained the FAA fields are in no worse shape than other fields on which the Club has played. Bennett continued, the Boys & Girls Club indicated they could possibly get some dirt donated and with volunteers, the field could be made more suitable. Discussion took place on required maintenance and Frates reported Parks wouldn't have to do anymore than they already do, which includes occasional mowing and watering. MOTION: Commissioner Castimore MOVED to allow the Kenai Peninsula Soccer Club and Boys & Girls Club the temporary use of the FAA fields for soccer, noting the City's maintenance would not go beyond what is already being done. Commissioner Sandahl SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM 5: OLD BUSINESS Discussion -- Skateboard Park Update Frates reported two quotes for the skateboard park addition were obtained. The first PARKS & RECREATION COMMISSION MEETING FEBRUARY 6, 2003 PAGE 2 bid would utilize concrete and it was for $145,300. The second quote would utilize asphalt and it was for $111,300. Frates added, the park in Soldotna uses asphalt. Discussion took place on the Daubenspeck funds and Frates stated there was currently $109,000 available. Frates provided the history of the fund noting it is replenished monthly and is set aside for recreational purposes. Sandahl expressed concern with utilizing all of the funds for the skateboard park addition and thought it could be used for the sports complex property. After a lengthy discussion the Commission concurred, depleting the fund was not a good idea. Wisniewski stated efforts need to be made to keep the skateboard park at one locatiOn. MOTION: Commissioner Castimore MOVED to approve an asphalt pad and fencing plan for the park for the purpose of obtaining fu'm bids. Commissioner Sandahl SECONDED the motion. Baxter asked if the fence was necessary and Frates replied, a fence will establish the perimeters and is also a necessm-y safety feature. VOTE: Hultber§ Castimore Wisniewski Absent Yes Yes Gilford Yes Steiner Yes Sandahl Yes Baxter No MOTION PASSED. ITEM 6: NEW BUSINESS -- None ITEM 7: REPORTS 7-a. Commission Chair- Wisniewski asked if Parks would continue with the greenhouse and Frates confirmed they would, however it was his intent to purchase more plants this year. Wisniewski asked if the ice rink was staying busy and Frates reported it was very busy and revenues were up. 7-b. Director- Frates congratulated Wisniewski on his Chamber award and reported the following items: · The City Attorney did attend the conference regarding Section 36 and will provide a detailed report at the next meeting. PARKS & RECREATION COMMISSION MEETING FEBRUARY 6, 2003 PAGE 3 Explained the Parks budget increases and decreases and noted the K- Mart closure has a huge affect on the City. · Frank Getty informed him a port-a-potty would be donated for use at the cemetery. Frates added, it will be placed behind the brick wall and attached to the fence. ?-c. City Council Liaison - Councilwoman Porter noted the following: · Expressed concern with the Chamber's decision to not continue the 4th of July parade. Several other options were suggested and discussed. Porter encouraged Commission members to attend the Chamber's Board meeting scheduled for February 7th to express any concerns they may have. · The loss of K-Mart has a significant effect on the City's sales tax revenue and noted, several options were being considered with regard to budget cuts. Porter also noted, other entities were looking at the building, including Home Depot, Fred Meyer, and Wal-Mart. ITEM 8: COMMISSION QUESTIONS/h COMMENTS Commission Cast!__m_ore noted the following: · Explained how the demographics were looked at when other businesses considered opening a store at a specific location, adding it was difficult in an area with a small population. · The Lions Club is holding a meeting on February 13th to discuss other projects within the City they may consider funding. Castimore stated he would mention the skateboard park issue and requested the skateboard park be added to the next meeting agenda. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD - None ITEM 10: INFORMATION 10=a. 10-b. Council Action Agendas of January 2 and 15, 2003. Beautification Committee Minutes of January 14, 2003. ITEM 11: ADJOURNMENT The meeting adjourned at 8:40 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary PARKS & RECREATION COMMISSION MEETING FEBRUARY 6, 2003 PAGE 4 le e e 5 Se CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 12, 2003 - 7:00 p.m. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There' will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. *APPROVAL OF MINUTES: a. *January 22, 2003 SCHEDULED PUBLIC COMMENT: a. City of Kenai Comprehensive Plan- Presentation of Draft Plan - Kevin Waring and Associates CONSIDERATION OF PLATS: a. Preliminary Plat- Five Irons Heights Subdivision - Crandall Addition, A resubdivision of Lots 4 & 5, Block 2, Five Irons Heights Subdivision. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldoma, AK 99669 PUBLIC HEARINGS' a. PZ03-08~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 the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS 1, RS2, RU zones from a secondary use to a conditional use and, and in the IL, and IH zones from a secondary use to a principal permitted use. 6. OLD BUSINESS:. 7. NEW BUSINESS' 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (1/10/03 & 1/25/03) 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOUR_NMENT: CITY OF KENAI PLANNING/is ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 12, 2003 - 7:00 p.m. CHAIRMAN RON GO~~, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at approximately 7'00 p.m. 1-a. Roll Call Roll was called and confirmed as follows: Members Present: Members Absent: Others Present: Tunseth, Goecke, Bryson, Amen, Osborne, Glick Councilman Bannock, City planner Kebschull, City Clerk Freas 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. -C. Consent Agenda MOTION: Commissioner Osborne MOVED to approve the Consent Agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 22, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT City of Kenai Comprehensive Plan- Presentation of Draft Plan- Kevin Waring and Associates Kevin Waring reviewed highlighted topics of the draft Plan (a copy of those items are attached and made a part of the minutes). Kebschull requested the public provide her with written comments and contact information. The written comments would be accepted through mid-March. The consultants would then review the comments and make and necessary revisions. Public comments and questions were as follows. Ricky Gease (KVCB) inquired as to how the City Center was drawn as he stated it seemed a 'hodgepodge' of angles. Waring stated the city center was meant to capture the central part of Kenai along the highway without making the area so large as to diffuse benefits involved with having a city center. Waring stated he and his colleagues designed it with the intent of keeping the area small. Waring stated he felt it prudent to start small and let the success of the center promote a natural growth of the area. · Gease stated the gateway is a nice idea but wondered if it would hinder clean up on private property within the area. Waring stated there is no private land in the area in question as it is all either state or city owned. · Amen stated the airport is a key asset for the City of Kenai and requested Waring describe any concerns regarding the airport area. Waring stated the Airport Manager had expressed concern over the potential loss of business and heightened noise levels. Waring stated the FAA determines noise level requirements and Waring suggested noting the decibel levels on plats for the information of potential buyers. · Waring stated the Kenai Peninsula Borough GIS system is a wonderful tool and he also stated it has been a pleasure working with the Planning & Zoning Commission. ITEM 4: ,, CONSIDERATION OF PLATS Preliminary Plat - Five Irons Heights Subdivision - Crandall Addition, A re- subdivision of Lots 4 & 5, Block 2, Five Irons Heights Subdivision. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldoma, AK 99669 MOTION: Commissioner Osborne MOVED to approve the preliminary plat for Five Irons Heights Subdivision and Commissioner Amen SECONDED the motion. There were no additional staff or public comments. VOTE: Tunseth Yes Glick Absent Goecke Yes Bryson Yes Amen Yes Osborne Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PLANNING & ZONING COMMISSION MEETING FEBRUARY 12, 2003 PAGE 2 PZ03-08---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 the Land Use Table in KMC 14.22.010 be amended to change parks and recreation in the RR, RR1, RS, RS1, RS2, RU zones from a secondary use to a conditional use and, and in the IL, and IH zones from a secondary use to a principal permitted use. MOTION: Commissioner Bryson MOVED to approve PZ03-08 and Commissioner Osborne SECONDED the motion. There were no public comments. Kebschull reminded the Commission this item was discussed at the last Planning & Zoning meeting and explained this was an oversight which was missed when the land use table was reviewed and revised several years ago. The code change will now reflect parks and recreational areas as a conditional uses in residential zones and a permitted use in industrial zones. VOTE: Glick Absent Goecke Yes Amen Yes Osborne I Bryson Yes Tunseth Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 6' OLD BUSINESS-- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS-- None ITEM 9: CODE ENFORCEMENT -- None ITEM 10' REPORTS 10-a. events. City Council--Councilman Bannock provided a recap of City Council 10-b. Borough Planning-- Commissioner Bryson provided a recap of Planning and Zoning actions taken at the January 27 and February 10, 2003 meetings. 10-c. Administration-- City Planner Kebschull thanked everyone for coming and stated she would be on vacation from February 20-March 10, 2003. ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None PLANNING & ZONING COMMISSION MEETING FEBRUARY 12, 2003 PAGE 3 ITEM 12' INFORMATION ITEMS 12-a. Zoning Bulletin (1/10/03 & 1/25/03) ITEM 13' COMMISSION COMMENTS/h ~UF~TIONS · Commissioner Bryson had no comments. · Commissioner Amen inquired as to upcoming Comprehensive Plan meetings and was informed the work sessions would be held during regular Planning & Zoning meetings. · Commissioners Osborne, Tunseth and Chairman Goecke congratulated Councilman Bannock on his recent appointment as Director of the Division of Motor Vehicles and wished him luck. · Councilman Bannock stated he is proud of the Commission's work and has valued his involvement with the Commission. Bannock also thanked Kevin Waring and his colleagues on their hard work and expertise involving the Comprehensive Plan. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and there were no objections. ORDERED. SO The meeting adjourned at approximately 8'30 p.m. Minutes prepared and written by: Sharon M. Harris, Department Assistant PLANNING & ZONING COMMISSION MEETING FEBRUARY 12, 2003 PAGE 4 Al CITY CLER TY OF KENAI with a past - City with a future." AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Resident of the City of Kenai? Residence Address ~-~ ~ ~ Mailing Address Home Fax No. Business Fax No. EMPLOYER: How long? H:ome T_elepho~e Business Telephone No Email Address: ) .,'~a.a_~ d Job Title NAME OF SPOUSE: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOL~D WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? F~~-t ~F 5 ,.~l~-p ;,~'~ r~oo ~'r~ v~To ~ y l~'~'~ o~ / ~ ~&'-~l. ~c, ~otb-~ _ SignatUre City Clerk City of Kenni 210 Fidnlgo Kenni, Alnskn 99611 Barry Eldridge 2679 Bowpicker Lane Kenai, Alaska 99611 907-283-7152 12 February 2003 Dear City Clerk, This is a request for consideration for appointment to the vacant position on the Kenai Planning and Zoning Commission. I have served on the Kenai Harbor Commission for the past 15 or more years and would now like to use my talents and experience on the P and Z Commission as I believe I can contribute to our community in that way. Thank you for your consideration. Sincerely, enclosure: Background and Personal Data Sheet .]a~ 30 03 02:~5p Sha~n R. Andepson 907-28~-7906 CITY OF "}qllage with a past- City with a CANDBACKGROUND AND PERSONAL DATA IDATES FOR APPOINTMgNT COMMITTEff~8 COMMISSIONS DATE: NAME: Resident of the Cfty of KenaiP Roeidence Address ~ Mailing Addre88 d~,~r~. Home Busmes~ Fax ~E al.ness Telephone No,~e~_ /q4~ ~/~_ ~~ ~ . m~ Address: ~~ ~ ~_~~ ~~ ~O~~ ' Job Title N~ OF S~USE: .. WHY DO YOU WANT TO BE INVOL~ ~ WITH THIS COMMISSION OR COMMrrTEE? WHAT BACKGROUND EXPERIE~v~- -- ,dde~ ~_ ~,~,o~ ~ ~o~,;~~~.b~[~o~~~~ DO ~OU ~o~~~ ~o ~~,o ,o ,~ ~o~ · ~ · 8i CITY OF KENAI ~ith ~ past- Ci~ with ~ £uture.' AND PERSON~ DATA- FOR APPOINTMENT COMMITTEES AND COMMISSIONS DA?E~~ l Resident of the City Add, ,, Marling Address ~~ Home F~ No. Business F~ No. N~E OF SPOUSE: Home Telephone No. ~7~,7. ~3~- S'.~~ Business Telephone No Email Address: (~. ~'& ~'7-V/-z~:/Z~ /~-~ ~/.z,~Z/)dzY, ~)OZ~v / / Job Title P~~organi~tional memberships:_~ ~Tr,'E r)gn~~ ~ oF ~~ ~4s ~OMMITTEES, OR COMMISSIONS IN WHICHi. YOU ARE INTERESTED: ~ ~')~ ~90 ~T' ,_./?~ ~7~/'~_~/EYe, - ' ~ ':)/" - ' ' - .3 --.J ' DO YO~ ~~? ?0 B~ [~OLV~ ~?~ ?mS O~ eOM WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSH. . . gnature ~-' KENAI BEAUTIFICATION COMMITTEE FEBRUARY 11, 2002 7:00 P.M. KENAI COUNCIL.CHAMBERS AGENDA ITEM 1: CALL TO ORDER/k ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- January 14, 2003 ITEM~ 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Discussion-- Banners ITEM 6: NEW BUSINESS ITEM 7: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9: INFORMATION Parks aa Recreation Commission Meeting Minutes of January 2, 2003. City Council Action Agenda of Janum7 2 and 15, 2003. ITEM 10: ADJOURNMENT K~NAI BEAUTIFICATION COMMITTEE FEBRUARY 11, 2002 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR MARILYN DIMMICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER/l~ ROLL CALL Dimmick called the meeting to order at approximately 7'19 p.m. follows: Roll was confirmed as Members Present: Members Absent: Others Present: Nelson, Brown, Seymour, Dimmick (arrived at 7:15 p.m.) Rogers Councilwoman Swarner, Parks and Recreation Director Frates, Department Assistant Harris ITEM 2: AGENDA APPROVAL Dimmick requested Spring Planting be added as Item 5-b. MOTION: Member Nelson MOVED to approve the modified agenda and Member Seymour SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- January 14, 2003 Councilwoman Swamer requested Item 8-b to state only The new Airport Triangle Park plans have not been reviewed by Parks and Recreation.' The Committee unanimously approved the minutes as corrected. ITEM 4: PERSONS SCHEDULED TO BE HEARD Dimmick recognized and welcomed the three Kenai Central High School seniors who were observing the meeting as part of their Government class. ITEM 5: OLD BUSINESS 5-a. Discussion- Banners The Committee discussed the fiscal situation regarding the purchasing of banners. It was decided Frates should request the appropriation of funds for the purchase of summer banners at the upcoming council meeting. Frates stated the number of banners would be decided upon the amount of money appropriated, but he would request the full reimbursement of funds spent in December for holiday decorations; approximately $6,000. Swamer suggested members of the Committee attend the March 19, 2003 council meeting when the requested appropriation would be discussed. MOTION: Member Brown MOVED to request the appropriation of funds to be used toward summer banners. Member Seymour SECONDED the motion. There were no objections. SO ORDERED. Discussion -- Spring Planting The Committee reviewed past planting options and discussed ideas for the upcoming spring planting season. Swarner provided the Committee with the 2001-planting plan for use as a guide. The Committee stated planting designs would be further reviewed at the March meeting along with planter box sketches. Ideas from the student observers included: Consider planting vegetables (such as potatoes, carrots, kale, parsley, etc) in some of the city flowerbeds. Upon harvesting time, either sell the vegetables at the farmer's market or donate to the Food Bank. · Plant Columbine in the centers of the. circle planters as it is hearW and beautiful. · Outline the airport marigold 'Kenai' sign with colorful and hearty flowers for a brighter display. ITEM 6: NEW BUSINESS-- None ITEM 7: REPORTS Committee Chair Parks/h Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS-- None ITEM 9: INFORMATION Parks/h Recreation Commission Meeting Minutes of January 2, 2003. City Council Action Agenda of January 2 and 15, 2003. ITEM 10: ADJOURNMENT The meeting ended at 8:15 p.m. due to lOss of the quorum. Minutes transcribed and prepared by: Sharon Harris, Department Assistant BEAUTIFICATION COMMITTEE MEETING FEBRUARY 11, 2003 PAGE 2 Kenai Convention and Visitors Bureau Board Meeting Minutes January 27, 2003 Board Members Present: Ron Malston, Marty Ragan, Sharon Brower, Jacquie Steckel, Fred Braun, Jim Bookey, Charlotte Legg, Rebecca Cronkhite Members excused: Robin West, Marion Nelson, Robert Fulton Staff Members Present: Ricky Gease, Diana McKenney A. Call to Order & Roll Call: Called to order at 5'42 p.m. B. Approval of Agenda: Mr. Malston moved Ms. Ragan seconded approval of the agenda. It was approved unanimously. C. Approval of Minutes' Mr. Malston moved Ms. Steckel seconded approval of the minutes. It was approved unanimously. D. Persons Scheduled to be Heard- Mr. Bookey E. Correspondence' - Alaska Society of Convention and Visitors membership request - Ricky recommended against joining. F. New Business' 1. Kenai CVB Board Officers for 2003' Mr. Braun has indicated that he is willing remain president for one more year. Ms. Cronkite nominates Mr. Braun as president and Dan Van Zee and Ron Malston as secretary/treasurer for 2003. Ms. Brower seconded the motion. The motion was approved unanimously. 2. Proposed Kenai CVB Budget for 2003: The budget is presented in the cost center fund- accounting format. The Summer Art Show .... Would like a financial history for summer show. Ms. Cronkite moves to accept the budget as presented and Mr. Malston seconded. Ricky asked board members to speak to anyone they know in KRSA to help influence their decision to grant us the money for the web site. Our educational goal with the site is to promote education for .......... We are looking to provide an information rich site and provide an advertising avenue using banner ads for additional revenue. Mr. Bookey indicated that the new format will be very beneficial for presentation to the city council in terms of explaining exactly what their investment pays for. Mr. Braun asked about membership recruitment- Alise has been directed to seek new members. She has sent packets and has been talking to potential members. She has found that many are unhappy with KPTMC and the fact that there are so many different organizations - some with very little yield. So part of her task has included market research to help determine how to deliver the best product to our members. The motion to accept the budget was approved unanimously. Motion from Ms. Cronkite, seconded by Mr. Malston to base the ATIA comribution on our advertising budget instead of our total CVB budget. Mr. Bookey spoke in favor of the motion. It was approved unanimously. 3. City of Kenai Budget request for management contract of KVCC' We are requesting a stares quo management contract from the City of Kenai. Ms. Cronkite recommended that we present a 5-year plan for building maintenance like building upgrades and small tool purchases. For example we will need to replace carpeting (there is a bunch stored at the airport). Mr. Bookey indicated that we may have a reduction of budget here due to the radical change in the business climate. It isn't definite, but it would be wise to plan for the worst. 4. New Member Benefit- discount insurance rates through Mutual of Omaha: Our member businesses will be receiving letters from Mutual of Omaha about discounted group insurance rates for medical, long term care, etc., for the business owners, spouses and parents. The representative will be coming for a presentation. It will be a competitive option for our members. 5. Kenai CVB seeks grant from KRSA for www.sportfisningkenai.lcom' Mr. Gease requested $30,000 from KRSA for developing the web site. The grant is in the packet. 6. VISTA application for two year-round volunteers: We would like to apply for 2 VISTA volunteers to work on the sportfishingkenai.com website and to look at developing the 501 (c)3 foundation for grant applications. G. Old Business' 1. Arctic Winter Games Site Visit- January 17, 2003, recap: The packet contains information about the presentation. Mr. Gease has received feedback that the committee was impresSed with our presentation and our site. He feels that we have a good chance to get the games. Mr. Gease said that Mayor Bagley indicated that this would be a good time to seek a bed tax. Four percent bed tax brings in about a million dollars. Our portion would be about $120,000. So we need to seek about 6% rate. He feels that we will benefit from our participation in this effort in that we will be well positioned to be involved at a level that will bring benefit to us in terms of revenue for managing the games and promoting them. Mr. Bookey pointed out that this is not money making proposition up front, but that it will develop some long-term benefit. We will know by mid-February whether we will get the games. The board will need to decide if we want to commit the resources to provide this service for the games. 2. Update on Kenai CVB strategic planning for Tuesday, February 4, 2003' There is a lot of information in the packet to help the board prepare for the meeting. 3. Update on formation of 501(c)3 for museum services' The quote from Kdstine Schmidt is the best option. Mr. Gease is directed to go forward and work with her. 4. Update on AK 2003 summer art show and the need to get corporate sponsors- Still looking to re-confirm former corporate sponsors. Mr. Braun recommends co-sponsors in the bed and breakfast or lodges areas to participate in that way. Mr. Gease plans to approach some of our members to help with housing or tours for some of the artists when they come for the show. Ms. Cronkite will ask AK Air if they will comp some tickets. We got $1500 for the artskenai.com site and $800 from ....... So we have control of the site and we will be trying to get the show on it. The reception is Saturday May 3 from 5 to 9. We have 45 seats on a Premier Alaska Tour bus from Anchorage. 5. Peninsula CVB & Chamber strategic meeting- 4th week in February: The packet contains information about previous meetings. Another opportUnity to push for the bed tax. Mr. Bookey feels that the city doesn't have a problem with the bed tax as long as it is. Borough wide. It is sunset on the books - with a motion, it can be put back on the books. The same is tree for Seward. Soldotna and Homer don't and will have to have a vote to get it approved. Mr. Gease hopes to develop a plan to take to the Borough prior to approval.of the bed-tax to avoid the political mn. EDD has asked each community to have a local meeting to prepare for the Borough-wide meeting. Sometime in Feb, we will be meeting for our local meeting. 6. Kenai Chamber of Commerce relationship? Will discuss further at the strategic planning session H. Executive Director's Report: Covered in the meeting I. Board Comments: Ms. Cronkite thanked Ricky for all his effort on the budget and other areas Ms. Brower thanked the board for accepting her on the board and although we are likely facing tough times, that compared to 40 years ago, there will still be those here who will be participating. Ms. Ragan- also thanks Mr. Gease for the work on the bid and the work on the budget- much preferred over last years Ms. Steckel - thanks for inviting me on the board and thanks for the work on the budget. My desire is the same as the objective as the visitor's center- the well being of the visitor. Feel the connection we make with past present and furore visitors is beneficial. Mr. Bookey- Despite the tough times, still believes Kenai will be better 20 years from now than we are today. Mr. Braun- last year Mr. Gease presented his first budget. Congratulations to him for his first year on the job- an excellent, excellent job. Thanks Ricky. J. Schedule of Next Board Meeting: March 10, 2003, 5:30 p.m. lC Adjournment: Meeting adjourned at 7'55 p.m. TO' KENAI MAYOR AND CITY COUNCIL MEMBERS FROM: RICKY GEASE, EXECUTIVE DIRECTOR, KENAI CVB DATE' February 14, 2003 RE UPDATE FOR THE KEN~ CVB AND THE KENAI VISITORS AND CULTURAL CENTER I will be on vacation during February 19- February 25 and will not be able to come to the Kenai City Council meeting on February 19. Attached to this executive director's report are the minutes for the Kenai CVB Board of Directors meeting on January 27 and the one page summary of the Kenai CVB Board of Directors strategic planning meeting. Also attached are the budget and notes for 2003 calendar year approved by the Kenai CVB Board of Directors at their January 27 meeting and the actual budget for 2002. The budget approved by the Kenai CVB Board of Directors is a status quo budget in regards to expenses, and the request for the management contract to operate the Kenai Visitors and Cultural Center remains at the 2002 level. Kenai CVB: The Kenai CVB board met on Monday, January 27 and held a strategic planning meeting on Tuesday, February 4. This year is the first time we have prepared the budget in a cost-centered fund accounting format, which separates costs into the three programs areas of Kenai CVB, Kenai Visitors and Cultural Center Visitor Services and KVCC Museum Services. Also separated out are the administrative costs, fundraising and indirect costs. For the calendar year (CY) 2002, the total budget for the Kenai Visitors and Cultural Center was $263,000 ($43,000 for maintenance/utilities and $220,000 for operations) with $116,000 (44%) from the city of Kenai and $147,000 (56%) from the Kenai CVB. Of the $263,000, $104,000 (40%) went to visitor services and $159,000 (60%) went to museum services. In CY 2002 operational expenses for the Kenai Visitors and Cultural Center were $220,000, and the city's management fee and admin expenses of $73,100 covered one-third (33%) of those costs. In CY 2002, the Kenai CVB ran a projected budget deficit of-$22,000 to operate the Kenai Visitors and Cultural Center, which fortunately was offset by a larger than expected gaming revenue in 2002. However, as noted in the 2003 budget notes, the gaming bump seen in 2001 and 2002 is largely a result of the large CIRI dividend payout in 2001, and the projection for gaming revenue in 2003 is a return to the five-year average range between $100,000 to $120,000 (revenue projects through mid-February show us on track for $100,000). For CY 2002, the total budget for the Kenai CVB was $365,000:$263,000 to operate the Kenai Visitors and Cultural Center, $91,000 to be a destination marketing organization for the Kenai CVB membership and the city of Kenai, and $11,000 to cover gaming expen~e~. The Kenai CVB Board of Directors recognizes the serious budget deficits facing the city of Kenai at this time and also the inherent difficulties in funding public facilities. Two long-term strategies for additional sources of revenue have been identified: 1) establishment of borough- wide visitor assessment fees and 2) establishment of a new 501 ( c ) 3 to support regional museum services. The establishment of borough-wide visitor assessment fees is being discussed on a regional basis by the visitor industry. The fees would service three areas of funding need: 1) destination marketing, 2) funding for public facilities used by visitors, and 3) fimding for tourism infi'astructure on the peninsula. There is a public forum on this issue March 7 at the Kenai Visitors and Cultural Center. The establishment of a new 501 ( c ) 3, the Kenai River Museum Association, will provide a non-profit avenue of support for museum services in the central Kenai Pemnsula. The goal of the regional organization is to provide funding support and strategic planning towards the long- term goal of permanent museum services in our community. Regional interests include the cities of Kenai and Soldotna, Kenai Peninsula College, Kenaitze Indian Tribe, Kenai Peninsula Borough, Kenai National Wildlife Refuge and Cook Inlet Tribal Council. We will be working over the course of the next year to set up the organization and identify short-term and long-term strategic goals. One short-term goal in the 2003 budget is to have the organization raise $15,000 for fundraising for the Kenai Visitors and Cultural Center, to cover the expected shortfall in Kenai CVB gaming revenues. Kenai Visitors and Cultural Center: The Kenai Peninsula Winter Quilt Exhibition and Wearable Art Show are on display through the end of February. Also on display is a photography exhibition by Jayne Jones, the new photography teacher at Kenai Peninsula College. Plans are well underway for the major summer art exhibition "Alaska 2003' A Celebration of Wildlife Art" which features 40 master wildlife artists and 80 original paintings. The show will also have a memorial exhibit for Fred Machetanz. The grand opening reception for the event is Saturday, May 3. The show runs from May 1 through September 6. The center is wrapping up a three year project that has computerized the permanent museum collection database. Dana Woodard has worked on the project since the fall of 2000. Some 3,500 objects are catalogued in the city of Kenai's permanent museum collection. A copy of the database will be provided to Larry Semmens by project end in June. The annual central peninsula Writer's Night is scheduled for Thursday, March 6. This is a fundraising event for both the Kenai Community Library and the Kenai Visitors and Cultural Center. 0 I~ 0 0 ','"' I.O CD (~0 CO w" ',- ¢~. w:t' O0 Ge'O*) -, ., .,, I CDc~ .. .,, o o .,, .., ~o oo oo o w- (o o o .. O4 2003 BUDGET NOTES The budget is being presented in a cost-centered fund accounting format. This format accommodates current non-profit laws regarding individual program data and fundraising disbursements. Each program is listed separately, with Kenai CVB, Kenai Visitors and Cultural Center Visitor Services and KVCC Museum Services. Administrative, fundraising, and indirect cost data are also listed separately and allocated to the appropriate programs. Administrative and indirect costs are allocated after direct expenses to be included in total expenses for each program. Fundraising income has then been distributed to each of the programs that have a negative net income. Our contract with the city of Kenai mandates that income fi'om them be used specifically for KVCC. Therefore, the revenue and indirect costs associated with the City of Kenai are allocated to the two KVCC programs. The specific programs are broken out as follows: - Kenai CVB Membership and Destination Marketing - KVCC Visitor Services - Visitor Services, Retail, and Meeting Rentals - KVCC Museum Services- Exhibits, Permanent Collection, and Events/Programs Administrative expenses were allocated as follows' 30% to Kenai CVB and 35% each to KVCC Visitor Services and KVCC Museum Services programs. Administrative salary covers the executive director, the office manager and communications manager (30% of Jay's salary). We are proposing a stares quo budget for 2003 .in relationship to expenses. There are some changes in revenue and very few changes in expenses. Revenue increases are reflected in membership and retail. We have gone to an annual billing for membership. Our goal for 2003 is 170 paying members at $150 each. We plan to have about a 5% increase in retail, which is consistent with our past growth. We anticipate that the 501 (c) 3 would hold a cash raffle event that would net $15,000 by selling 300 tickets at $100 each. This would generate $30,000 in revenue allowing for $15,000 in prizes and expenses. Fundraising revenue for 2003 is targeted at the five year historic average of $120,000. To comply with new gaming regulations, the Peninsula Oilers and the Kenai CVB have formed a new Multi-Beneficiary Permit called Old Town Bingo. We used to nm our gaming operations on W and F, while the Oilers ran on M, T, and Th. We agreed for this year to a 60 / 40 split based on three days/two days; however, we may see a-decrease in overall fundraising as F nights are usually the best night of the week (but that can always change due to local competition and the nights they choose to mn gaming). As of mid-February, we are projecting revenues to be at the $100,000 level for Kenai CVB in 2003, so we have to monitor 2003 closely. In 2002, we budgeted $120,000 for gaming and had projected a $20,000 shortfall in revenue. Fortunately, gaming exceeded expectations in 2002 and just covered the projected shortfall. The major CI~ dividend distribution in 2001 gave that year a significant bump, and to a lesser extent, 2002. We expect 2003 to remm to the pre-2001 yearly averages for gaming, which were in the range of $100,000 to $120,000 of net revenue. KCVB PLANNING WORKSHOP 2-3-03 Core Purpose/Core Value · Building community (core purpose) · Quality information (core value) Issues · The Kenai Visitors and Cultural Center is an asset to the area · The KVCC serves as a conduit for new thought by people in the area and the state · The Central Kenai Peninsula has immediate access to the best activities · We are a conduit for economic development · We help provide long term stability in the industry · Additional fimding sources must be identified and tapped · We must continue to encourage development in the Kenai area · We must define where we are and where we want to go Who are we/What do we do · Serve · Educate · Outreach · Facilitate · Promote · Lifestyle · "In reach" (bringing people into Kenai and KVCC) · Manage information database on a wide variety of topics · A membership organization · A caretaker for artifacts and people's memories Bi~ Hailw Audacious goals (BHAGs) that were not redefined · Every travel and tourist business as members · Expand the KVCC's museum, visitor and meeting facilities · Develop destination marketing program that makes all local businesses desire to be a member · Develop improved long term funding mechanisms · Expand cultural center to include comprehensive local history museum · Health benefits for members and employees · Conduct a member survey · Build membership · Create organization committed to strategic planning at all levels, with benchmarks and evaluation built in to all projects · Expand on our position of having the dominant website for the Kenai Peninsula visitor industry · Have Kenai known as great travel destination, and not just for fishing (Short-term Hairy, Audacious Goals (SHAGs) not redefined · Develop curing edge WWW site that supports tourism, fishing and the arts · Provide computer based kiosks so people can explore our member services · Develop strategies for attracting new members · Long range plan for bed tax to fund visitor infrastructure · Develop sustainable earned income revenue through website advertising · Sustainable 501 c (3) corporation to fired museum · Enhance member services (business, educational services) · Institute information gathering process to meet future needs · Develop major winter event to attract visitors BHA Gs Final · Have every travel and tourist business in the Kenai area becomes a member · Be the Smithsonian of the North · Have the best destination marketing program in Alaska S,,HA Gs final · Develop sustainable revenue stream through a 501c3 arm of the KCVB to enhance fundraising abilities · Develop cutting edge World Wide Web presence that supports tourism, fishing and the arts · Have computer-based kiosks featuring visitkenai.com at airport, visitors center and anywhere else appropriate to allow visitors easy access to our member and activity database · Continue to expand the number and quality of the member services we offer · Develop a plan for a borough-wide bed tax to fund the visitor industry and help communities pay to maintain infrastructure used by visitors. AGENDA KENAI CITY COUNCIL- REGULAR MEETING FEBRUARY 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) . Betsy Arbelovsky-- Community Care Foundation ITEM C' REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS . Public Heating -- Regulating Smoking in Eating Establishments , Ordinance No. 1987-2003 -- Amending KMC 23.50.010 to Change the Range of the PoLice Trainee While Attending the Public Safety Academy at Sitka to a Range 2. e Ordinance No. 1988-2003 --Amending KMC 7.15.050 to Increase the Purchasing Limit Without Competitive Bidding for Construction or Maintenance Projects to $20,000. , Ordinance No. 1989-2003 -- Increasing Estimated Revenues and Appropriations by $1,900,000 in the Wellhouse No. 4 Capital Project Fund and $950,000 in the Water and Sewer Specie Revenue Fund. , Ordinance No. 1990-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Day Care Centers From "C" (Conditional Use) to "P" {Principal Permitted Use) in the CG {General Commercial), CC {Central Commercial) and IL {Light Industrial) Zones. , o ITEM E: , 2. 3. 4. 5. 6. 7. ITEM F: . ITEM G: ITEM H: ITEM I: , , . . , Resolution No. 2003-05 -- Supporting the Approval of the Tri-Borough Position Paper for Federal Outer Continental Shelf Oil and Gas Leasing Program, 2002-2007. *Liquor License Renewals Pizza Paradisos-- Beverage Dispensary Kenai Joe's-- Beverage Dispensary BPO Elks Lodge #2425 -- Club Peninsula Moose Lodge # 1942 -- Club The Rainbow Bar-- Beverage Dispensary 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 MINUTES *Regular Meeting of January 15, 2003. *December 12, 2002 Work Session Notes CORRESPONDENCE OLD BUSINESS NEW BUSINg,SS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1991-2003 -- Increasing Estimated Revenues and Appropriations by $779.25 in the General Fund for Drug Asset Forfeitures. *Ordinance No. 1992-2003 -- Increasing Estimated Revenues and Appropriations by $24,876.90 in the General Fund for an Alaska Highway Safety Grant to Purchase Video Cameras. Approval-- Vacation of the Westerly Three-Foot Portion of the 33-Foot Access Easement to Accommodate the Existing Building, All Within Section 34, T6N, R11W, Seward Meridian, Alaska, the city Kenai and the Kenai Peninsula Borough -- David Yragui, Petitioner ITEM J: REPORT OF THE MAYOR ITEM K: · ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIl,- REGULAR MEETING FEBRUARY 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERs htt_v' //www. ci.kenai.ak.us MAYOR JOHN J. WILLIAMS~ PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'05 p.m. in the Council Chambers in the Kenai City Hall Building. Williams requested a moment of silence in remembrance of the crew and families of the Columbia Space Shuttle. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Williams, Bookey and Swarner. Present were: Moore, Porter, Bannock, Jackman, A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: MOVE: E-7d (Chamber of Commerce Report) to be heard before E- 1. ADD AT: ITEM J: House Bill No. 4/relating to publicly owned Correctional facilities (see page 2, line 5) ADD AT: ITEM K-1' 1 /31 /03 Memorandum regarding Kenai River Bluff Erosion Study/Project Stares from Patrick Fitzgerald. MOTION: Councilman Bookey MOVED for approval of the agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. ORDERED. SO A-4. CONSENT AGENDA MOTION: Councilman Bookey MOVED to approve the consent agenda as presented and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENTS B-X. Betsy Arbelovsky -- Community Care Foundation Arbelovsky reviewed information included in the packet regarding the formation of a Community Care Foundation for the Central Peninsula. She noted, the Foundation would be a resource to support non-profits and their grass roots efforts. She also noted, a survey was included in the packet and she encouraged everyone to complete it and return it to her office. Arbelovsky noted the types of funds within a Foundation as: Unrestricted funds (gifts to the Foundation to be used in accordance with Foundation guidelines to benefit the Central Peninsula); specific are of interest funds (the donor specifies the cause or area of interest and designates criteria for grant awards, etc.); donor advised funds (the donor designates the committee who will disperse the funds as well as the criteria for giving); specific organization designated funds {the donor designates specific non- profits or other organizations who will benefit from the fund); scholarship/fellowship funds {the donor designates the criteria for award); and stand-by foundations (the donor sets up a fund with at least $5,000 and includes the fund in their estate planning). She also noted, the Foundation will not be in competition with United Way. Arbelovsky also reported they are looking for volunteers to serve on their board. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORR AND COUNCILS Assemblywoman Betty Glick reviewed actions taken by the Assembly at their meeting of February 4, 2003. Highlights of the comments were as follows: · Assembly finalized their federal priority list. · Received an update from their lobbyist who reported the transportation appropriation bill included $500,000 for the Kenai River Trail Improvement; $1 million for Kenai Peninsula road improvements; and in the energy and water appropriations bill, $185,000 for the Corps of Engineers to begin studying the Kenai River bluff erosion which can provide the justification for further erosion protection in future years. Williams stated administration would have to investigate whether the wording is correct as he believed it should be ongoing funding. Glick also reported the bill also included funding for the Boys & Girls Club; Alaska Seafood; CIRCAC; Kenai River Center; Kenai Stream Bank Restoration. An update from the Alaska State Troopers regarding their coverage on the Peninsula. · Passage of a resolution requesting the State of Alaska, Division of Parks & Outdoor Recreation include personal property tax compliance as a requirement to qualify for Kenai River guide permits. ~NAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 3 · Passage of a resolution supporting the Outer Continental Shelf Oil & Gas Lease Sales 191 and 199. The Emergency Management Office is hoping to develop an emergency operations facility off the Kalifomsky Beach Road to incorporate all dispatch and emergency services. Most of the discussions came from the Homeland Securities perspective. She noted, the building is on the Borough's Federal priority list. In the discussions, concern was stated that the space available for a command center in the PRISM building was too close to the airport. She added, it was noted neither Kenai or Homer were represented in the Public Safety.Transition Committee meeting at which the matter was discussed. ITEM D: PUBLIC HEARINGS D-X. Public Heating -- Regulating Smoking in Eating Establishments Williams noted, this was a public hearing to learn whether there was interest in the community for the council to direct an ordinance be developed for their consideration. Greg Daniels, 426 Rogers Road-- Reviewed statistics in regard to smoking and health issues related to smoking. Daniels stated he supported the council developing an ordinance as he felt it would be a really good thing to do for the community and the health and welfare of its citizens. Bill Osborne, 443 Rogers Road, Kenai-- Stated he believed it was time the council investigated the issue and protect the citizens of the city. John Parker, Third and Forest, Kenai -- Stated he is an employee of the city, but was speaking as a private citizen. Parker stated he supported the development and passage of an ordinance. He noted, when a person who' smokes goes out to dinner, they do not infringe on other smokers, but infringe on non-smOkers' fights to breathe clean air. Bryan Templeton, 1209 Fourth Avenue, Kenai -- Stated he is a smoker and agrees non-smokers have the fight not to breathe second-hand smoke, but also, smokers · have the fight to smoke and he believes, businesses have the fight to decide whether or not they will allow smoking in their establishment. He added, there have not been any studies that state with certainty second-hand smoke harms. Templeton also stated, people can choose not to go to establishments if they don't want to breathe smoke. Tim Navarre, 608 Ponderosa, Kenai -- Stated he is anti-smoking and agrees there should be an ordinance. He added, he spoke with a number of restaurant owners and most did not have a problem in passage of such an ordinance. Navarre added, he did KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 4 believe an ordinance should include time for the establishments to make any necessary alterations. Mike Retone, 47074 Wildberry Court, Kenai -- Stated he is a junior at Kenai Central High School and would support the passage of an ordinance. As a student and participant in the D.A.R.E. program, he has learned the importance of saying no to drugs, alcohol and cigarettes and feels no-smoking in an establishment would enhance it as a place for people to gather and enjoy. Roy Wells, 410 Lawton Drive, Kenai -- Stated his support of an ordinance for the health and well being of its citizens. Brandi Olson, 39395 Breadman Street, Sterling, AK, Grants Coordinator, Tobacco Control All!ance of the Peninsula -- Stated she believes passage of a non-smoking ordinance would be a good start and she applauded the council's efforts in moving in this direction. She encouraged the city to use her as a resource person and to help develop an ordinance. Emily Neeman, 1635 Northwestern Avenue, Anchorage, American Cancer Society -- Stated she is the Alaska Advocacy Manager and works on public policies relating to cancer issues. Neeman stated she has been wortdng with a lot of communities who are discussing non-smoking ordinances. She stated her support of the council in discussing this health issue and encouraged council to move forward with the formation of an ordinance with patience and careful consideration for the impact it will have on the community (positive health effects). They have learned that after this type of policy is in place, after a public education campaign, the public supports the ordinance. Don Jose's Representative -- Stated council will have to do what they have to do. personally doesn't like people deciding what he can and cannot sell in his business, but they can't fight it anymore. He also noted, the owner's restaurant in Anchorage has not had many negative effects from Anchorage's ordinance. He George Pitsilionis, Paradisos Restaurant -- Had no objections to the development of an ordinance. Councilwoman Porter stated she visited all the restaurants in Kenai. She encouraged council to request Attorney Graves to work with the representatives from the American Cancer Society and Tobacco Alliance to develop an ordinance. In her discussions with Graves she was told an ordinance could be divided into three sections with definitions: bar, restaurant and bar/restaurant. Swarner suggested Graves work with the restaurant owners to indicate in the ordinance a workable length of time for the ordinance to become effective in case alternations to premises will need to be made. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 5 dackman stated her concern how far the ordinance would go and to what lengths the bar/restaurant owners would have to go to accommodate requirements of an' ordinance. Williams suggested an ordinance could be drafted and several hearings could be held to be sure the wording is acceptable. Greg Daniels -- Stated he felt it very important bar/restaurant owners are required to have a 100% smoke-free restaurant, which may mean a door separating the bar from the restaurant. Williams noted, the enforcement of a law can be a problem with the budget constraints the city faces this year. He added, he hoped the citizens will help by policing themselves. BRRAK TAKEN: 8:30 P.M.. BACK TO ORDER: 8:50 P.M. 9-2. Ordinance No. 1987-2003 -- Amending KMC 23.50.010 to Change the Range of the Police Trainee While Attending the Public Safety Academy at Sitka to a Range 2. MOTION: Councilman Bookey MOVED for the adoption of Ordinance No. 1987-2003 and Councilwoman Porter SECONDED the motion. There were no public comments. City Manager Snow explained the Fair Labor Standards Act requires trainees at the police academy to be paid overtime for those hours above forty per week in actual training and payment of the overtime at the Range 13 pay scale is very costly and utilizes a large portion of the police training budget and overtime expense. VOTE: Moore Jackman Swarner Yes Yes Yes Porter Williams Yes Bannock Yes Yes Yes Bookey MOTION PASSED UNANIMOUSLY. D-3. Ordinance No. 1988-2003 -- Amending KMC 7.15.050 to Increase the Purchasing Limit Without Competitive Bidding for Construction or Maintenance Projects to $20,000. MOTION: ~NAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 6 Councilman Bookey MOVED for adoption of Ordinance No. 1988-2003 and Councilwoman Porter S~ONDED the motion. There were no public comments. Williams explained, the ordinance would raise the purchase limit without going to competitive bid from $10,000 to $20,000. Bookey stated he would support the ordinance but cautioned administration to abuse the ordinance. He added, he wanted the city to still give its best effort to get the best price, etc. and if he sees abuse, he will want to change the limit back to what it is currently. Porter stated she would not support the ordinance. Swarner stated she would not support the ordinance due to constraints on the budget. Moore stated he would support the ordinance. He noted, in the past there had been times when work that could have been a single job, had been divided to maybe avoid the bidding process. He added, he also saw that as a way to expedite' the project. He asked Public Works Manager La Shot if the elevation of the limit would alleviate this problem as well. La Shot stated, raising the limit would help in times when it would help to hire someone in a timely fashion without going through the bidding process. He added, the last time the limit was raised was in 1988 and purchasing power of that limit ($10,000) had certainly changed. Williams noted, still no funds would be able to be used without council first appropriating it. Administration currently cannot spend more than $2,500 without council's authorization. He added, council would still be in control of funds to be spent and the amendment would only allows administration to move away from the bidding process. Bannock noted, if the ordinance would pass, there would be two levels; purchase of supplies, materials, equipment, or contractual services and construction or maintenance projects. He asked the driving factor for making the amendment. City Manager Snow answered, the driving force was discussion from council at their January 2 meeting when the design/build ordinance was before council. During the discussion, council decided there were many reasons why they objected to the design/build ordinance and it was suggested a simpler solution might be to raise the amount before going to bid. An example was the force account used in-house for the remodel of the downstairs office. Bannock asked if the amendment to the ordinance would be good for construction and maintenance, why would it not be good for supplies, materials, equipment and other contractual services. Williams stated he believed it was singled out during a discussion he and a couple other council members had with the attorney when insurance was requested to be in the ordinance to only address the construction or maintenance projects. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 7 Bookey stated as an example, the water/sewer he-in work needed to be done separately by the same contractor. He noted, it was the best thing for the city to do and saved money, but left a concern for him that it should have gone to bid and done as one project. Bookey added, raising the limit with the ordinance would eliminate that concern. Council will still have the ability to say no. dackman stated she was concerned raising the limit would be a license for abuse. Porter stated she felt it was a good idea to have a limit and go to bid and get the best price for the community. Finance Director Semmens stated he fully supported the ordinance as there are several lines of approval any purchase goes through. He noted, any purchase over $30 has to have a purchase order. Council sees those of $2,500 and over, but he reviews all of them. He routinely asks the questions council thinks are not being asked, i.e. local purchase, lowest price, etc. Semmens also noted, there is a cost in going to bid, i.e. preparation of bid documents, advertisement, a great amount of time of review by contractors, contractor response to bids, etc. Typically, for a $10,000 job, there is not a lot of margin in bid amounts. Semmens emphasized, there are very good controls on purchasing in the City of Kenai. Bannock stated he didn't think it was about the purchase, because by the time the purchase order gets to Semmens, the decision of purchase has already been made. Semmens noted, he is the person who approves the purchase. Bannock stated, the raise would not have been needed to solve the perceived problem with the water/sewer tie-in project, it would raise the limit to hide the perceived problem. He noted his previous question of why, if it is good for construction and maintenance, why not for supplies, materials, equipment or contractual services. MOTION: Councilman Bannock MOVED to strike the entire second line of subparagraph (1) and change $10,000 to $20,000 to read, "Supplies, materials, equipment, or contractual services whose cost does not exceed $20,000 in a single transaction;" Councilwoman Porter SECONDED the motion. Williams stated he believed supplies, materials, equipment is different than contractual services. Semmens noted, all bid specifications are different and a construction job would require more, but some supplies, materials, and equipment are also specified and calls are made to fred the best price. Williams stated, he believed the ordinance would allow more efficiency in City Hall to obtain a price or purchase an item. VOTE ON AMENDMENT: KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 8 Moore Jackman Swarner No No Porter Williams No No Bannock Bookey Yes No MOTION TO AMEND FAILED. VOTE ON MAIN UNAMENDED MOTION: VOTE: ,. Moore Yes Porter No dackman No Williams Yes No Bannock Booke¥ No Yes MOTION FAILED. D-4. Ordinance No. 1989-2003 -- Increasing Estimated Revenues and Appropriations by $1,900,000 in the Wellhouse No. 4 Capital Project Fund and $950,000 in the Water and Sewer Special Revenue Fund. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1989-2003 and Councilman Bannock SECONDED the motion. There were no public comments. La Shot explained the funds would be used for the City's ongoing water improvements program. He added, the last exploratory well did not work out and they would be trying again on the east side of town. Williams noted, the funds were received from a state grant. VOTE: Moore Yes Porter Yes Bannock Yes Williams Yes Jackman Yes Yes Yes Bookey MOTION PASSED UNANIMOUSLY. V-5. Ordinance No. 1990-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Day Care Centers From "C" {Conditional Use) to "P" {Principal Permitted Use) in the CG {General. Commercial), CC {Central Commercial) and IL {Light Industrial) Zones. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 9 MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1990-2003 and Councilman Bookey SECONDED the motion. There were no public comments. Bannock reported the Planning & Zoning Commission approved the resolution and recommended it for approval by the council. VOTE: Moore Jackman Swarner Yes Yes Yes Porter Williams Yes Yes Bannock Bookey Yes Yes MOTION PASSED UNANIMOUSLY. 9-6. Resolution No. 2003-06 -- Supporting the Approval of the Tri-Borough Position Paper for Federal Outer Continental Shelf Oil and Gas Leasing Program, 2002-2007. MOTION: Councilwoman Porter MOVED for approval and Councilwoman Jackman SECONDED the motion. Blaine Gilman -- 216 Susieanna, Kenai. Stated he supported the lease sales but felt the resolution was diluted with the discussion about the th-borough position paper and suggested the resolution be amended to state the council supports the off and gas sale with positive aspects in the whereas paragraphs. Gilman submitted a draft resolution which he felt better supported the off and gas lease sales for council's review and consideration. Williams noted the city's resolution was written to support the th-borough paper. He also reported he attended a public hearing on the lease sales and 99% of the public comments were in support of the sales. Bill Popp, Oil/~ Gas Liaison/Kenai Peninsula Borough -- Popp reported the Assembly had passed a resolution at their February 4 meeting but made some withdrawals to avoid some subsistence activities and critical habitat areas. They believe, they are in the first of three broad steps in regard to selling leases in the Outer Continental Shelf, i.e. deciding whether or not to go forward with the sales, provide access to the resource and to see if there is resources available in the areas; exploration; and development of production. Popp explained, the Minerals Management Service as referred to in the tri-borough paper, has the ability to control off-shore loading; control conflicts between ICENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 10 commercial, sport and subsistence activities; and, has full ability to identify habitat areas and can take steps to avoid issues with those areas. However, the Service does not have the authority to approve spill response/prevention plans or write checks. The Borough believes those issues will be dealt with through additional actions with other federal agencies. Their resolution reflects the Borough's belief the Mineral Management Service has gone as far as it can in the scope of its authority to address the tri-borough paper. Their resolution also indicates the importance of the sale and development of these leases to the economy of the Borough. Williams stated concerns the resolution as presented could delay the lease sales because it asks Congress to create new law to allow for revenue sharing within the three boroughs and though it speaks of local government, it only addresses local government under the borough status and does not address cities to be impacted. Popp stated, those issues had been raised during their discussions by those opposed to the resolution, i.e. until all of the provisions of the tri-borough paper were addressed in detail and in final form, the borough should oppose the lease sale. Williams stated he felt that was the concern of Gilman and his suggested resolution. Popp stated, in reading Gilman's draft, he could not see anything to disagree with in the wording. Bannock stated he felt the leases needed to go forward and he felt the tri-borough paper was separate from the oil and gas sales. He felt the resolution suggested by Gilman was better and suggested the tH-borough resolution be substituted with Gilman's draft. MOTION: Councilwoman Porter MOVED to substitute ResolUtion No. 2003-06 with the suggested draft of Gilman and Councilwoman Swamer SECONDED the motion. Bannock requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. D-7o Liquor License Renewals Pizza Paradisos-- Beverage Dispensary Kenai Joe's-- Beverage Dispensary BPO Elks Lodge #2425 -- Club Peninsula Moose Lodge # 1942 -- Club The Rainbow Bar-- Beverage Dispensary Approved by consent agenda. ITEM E: COMMISSION/COMMITTEE REPORTS KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 11 E-7d. Kenai Chamber of Commerce Chamber President Brewer apologized for the recent comments in a newspaper article regarding the relationship between the City and the Chamber. She clarified, the Chamber did not have secret meetings; have an economic development committee to work with the business members and community leaders for bringing potential businesses to the city; and the city and Chamber need to work together. Roy Wells, Lawton Drive -- Spoke of the community and its ability to work together in many projects. He noted, the Chamber, through its economic development committee, wants to be more visible in commerce. Wells added, he appreciated the support of the city and looked forward to working with the city. Porter suggested the council meet with the Chamber Board in a work session to discuss items of interest to both entities. Williams noted the city manager is the City's representation on the Chamber Board. He also noted a lot of work between the city, Chamber and citizens will be needed to meet the challenges the city faces with the loss of revenue from the closure of the Kmart store. Audrey Walaszek, Chamber Director -- Thanked the council for their involvement and participation in Chamber activities and added her support of the city and Chamber workin§ to§ether. Porter was requested to work with the Chamber in determining dates to hold a work session. E-1. Council on Aging -- Swarner reported the next meeting would be held on February 6 at 10:00 a.m. at the Senior Center. E-2. Airport Commission -- Jackman reported the next meeting was scheduled for February 13. E-3. Harbor Commission -- Bookey reported the next meeting xvould be held on Monday, February 10. He requested Assemblywoman Glick to forward any information she had in regard to the funding for the bluff erosion project for distribution to the Harbor Commission. E-4. Library Commission -- Moore reported the Commission met on Tuesday, February 4. During the meeting new officers were elected, i.e. Emily DeForest, Chair and Kathy Heus, Vice-Chair. Immediately following the meeting a "visioning session" was held to gather ideas of what the community wanted to see in their library, such as activities that can be implemented, grant writing, Commission members, etc. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 12 E-5. Parks/~ Recreation Commission -- Porter reported the next meeting would be held on February 6 at 7:00 p.m. E-6. Planning/h Zoning Commission -- Bannock reviewed actions taken by the Commission at their January 22nd meeting which included an approval of a conditional use permit for a dog grooming and spa; setting a public hearing for the rezoning of property to be included in the Education Zone; and setting a public hearing for the Land Use Table amendments in regard to parks and recreation. Bannock noted there is a vacancy on the Commission with the resignation of Commissioner Nord and noted applications were included in the packet for review. Bannock suggested the appointment of Amy Anderson, one of the applicants. Williams stated he would delay appointments to both the Planning & Zoning Commission and the Harbor Commission until the February 19 meeting. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the minutes of the January 14 meeting were included in the packet. She noted the next meeting was scheduled for Tuesday, February 11 and the Committee had two available seats. Porter requested page 2, Item 8-b be checked in regard to the Airport Triangle Park. E-7b. Kenai Convention/l~ Visitors Bureau Board-- Bookey reported a meeting was held on January 27 at which time the current officers were re-elected {Fred Braun, President; Dan Van Zee, Vice-President; and Ron Malston, Treasurer). The Board also discussed budgets and reported they were seeking a grant for development of a marketing program and updating their website. Other items mentioned were: · The KCVB were applying for two VISTA volunteers. · They heard an Arctic Winter Games update. · They will hold a strategic planning session. · They are actively trying to promote the Visitors Center. E-7c. Alaska Municipal League Report -- Wi!!_/ams reported he would be attending the Alaska Conference of Mayors meeting in Juneau, February 12 and 13. ITEM F: MINUTES F-X. F-2. agenda. Regular Meeting of January 15, 2003 -- Approved by consent agenda. December 12, 2002 Work Session Notes -- Approved by consent KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 13 ITEM G: CORRF~PONDENCE-- None. ITEM H: OLD BUSINGS-- None. ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED to pay the bills. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-2o Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED to approve the Purchase orders exceeding $2,500. Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-3o Ordinance No. 1991-2003 -- Increasing Estimated Revenues and Appropriations by $779.25 in the General Fund for Drug Asset Forfeitures. Introduced by consent agenda. I-4o Ordinance No. 1992-2003 -- Increasing Estimated Revenues and Appropriations by $24,876.90 in the General Fund for an Alaska Highway Safety Grant to Purchase Video Cameras. Introduced by consent agenda. I-5. Approval -- Vacation of the Westerly Three-Foot Portion of the 33-Foot Access Easement to Accommodate the Existing Building, All Within Section 34, T6N, R11W, Seward Meridian, Alaska, the city Kenai and the Kenai Peninsula Borough -- David Yragui, Petitioner Bannock explained the requested vacation came before council several months ago and council vetoed the request. The vacation was amended and had now come back through the Planning & Zoning Commission, who recommended approval. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 14 Williams stated he was not in favor of giving up a right-of-way for encroachments, in this case a building, which was illegally built on the right of way. Williams suggested the easement be leased to the applicant instead of approving the vacation. The lease should have included in it a reversionary clause if and when the building is removed. City Attorney Graves stated a precedent had been set through the city's leasing of a right-of-way for a storage facility, however there was no road involved in that instance. Graves suggested council could veto the vacation and then direct administration to discuss the matter with the applicant. Because the applicant would be leasing the right-of-way from the city, there would be no need for him to reapply for the vacation. Bannock stated his concern the encroachment would still exist. MOTION: Councilwoman Swarner MOVED to veto the vacation of the westerly three-foot portion of the 33-foot access easement to accommodate the existing building, all within Section 34, T6N, R11W, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough, KPB File 2003-005 and Councilwoman Porter SECONDED the motion. VOTE: Moore Yes dackman Yes Swarner Yes Porter Yes Bannock No Williams Yes Yes Bookey MOTION PASSED. Williams stated the letter noting the veto should state the city was not going to require the applicant to remove the building from the fight-of-way and will work with him in this matter. Bannock noted the city would now have an ongoing violation. Graves stated it is not unusual to work with the public to cure a violation. ITEM J: REPORT OF THE MAYOR-- Mayor Williams noted the following: · He will be traveling to Washington, DC in March to attend the NLC Conference of Cities and visit with Alaska's congressional delegation. He requested a complete update of the bluff erosion information to take with him and include the letter added to the agenda at the beginning of the meeting. Williams stated he would need four copies. · He requested administration to investigate the funds discussed by Glick earlier in the meeting. · Noted the fisheries tax letter included in the packet. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 15 · Noted the letter from Avis regarding on-site and off-site car rentals at the Kenai Airport. · Referred to the copy of HB4 (added to the agenda at the beginning of the meeting) in regard to publicly-owned correctional facilities. He stated he wanted to support the bill, but wanted council to let him know of their objections, if any. · Suggested the city should have a contingency plan in regard to its budget and the closing of the Kmart facility. He asked if administration wanted to have a work session to discuss the budget preparation as he felt the work council had done at the recent work sessions was now of no value. Council agreed another work session should be held as council would have some difficult decisions to make, i.e. whether a hiring freeze should be instituted and no replacement of personnel made, etc. Snow stated she and Semmens had talked about those things and would have a report to this regard to discuss with council and would like to have another work session. Council set a work session for 6:00 p.m. on February 20, 2003. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Snow reported the following: · Referring to the Corps of Engineers letter added at the beginning of the meeting, Snow noted the Corps representative was willing to meet with the council. · Referred to the memorandum included in the packet regarding the city's banking service and noted Administration was recommending the city continue with Wells Fargo. Bookey stated he thought the banking service needed to be reviewed periodically because the service is so important and is a major work load. He added, he agreed the service should remain status quo until next year. Semmens stated he would talk with the bank to see if they want to extend their service contract for another year. In his last discussions, the bank stated they could extend the contract for about the same cost. Bookey added, he was concerned the city was getting locked into using one bank. K-2. Attorney-- Attorney Graves reported the following: · Another disbursement ($328,839.40) was made from the Bankruptcy Court in the Inlet Woods matter. In April of 2002, the council tracked their interest rate on land sales to be the discount rate plus five percent. In January, 2003, the Federal Reserve Bank issued a new regulation which changed, how to calculate the discount interest rate which raised it from aA% to 2 ¥4%, which raised the city's interest rate by 1Y~. %, making it 5aA% to 7~A% on sales. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 16 · He attended the Brown Fields Redevelopment Seminar which dealt more with the Millennium Square property instead of the old waste site. The regulation fundamentally changed the environmental law to make it more attractive for purchasers to buy contaminated property and develop it. Through an exception called the bona_fide prospective purchaser, someone can buy contaminated land and not have environmental liability for the property. He added, the former owner and the polluter may have the liability, but not the new purchaser. Graves noted, the State did not adopt the changes to its environmental law, but DEC has an administrative program that does the same thing. Because of the changes in the law, one can buy environmental insurance to protect the purchaser from liability. He added, a lot of communities are doing this because they recognize what they are getting out of the deal is not the sale price, but the development of the property. Because solid waste site facilities have different rules, he called the statewide director of the solid waste site program and he and La Shot will meet with the director to develop guidelines for the potential development of the Section 36 property. Graves stated he will also do a written report to council and the Parks & Recreation Commission after developing specific guidelines. Porter requested Graves write a memorandum clarifying the parameters for council attending meetings, etc. Graves stated he would do a synopsis of the Open Meetings Act with examples. K-3. City Clerk -- Clerk Freas reported the following: · The DCED population count was included in the packet; the new count is 7,166. She asked if council wanted to appeal the count. Council had no objections to the count. · A letter from the Kenai Alternative High School requesting a donation toward their graduation ceremony was included in the packet. Freas noted, council included $300 in the Legislative budget for this purpose. Council directed the donation be made. · Thanked the council for the employee appreciation dinner and the Kenai Fire Department employees who were involved in the preparation of the special presentation made at the dinner. ITEM L: DISCUSSION L-1. Citizens Tim Navarre, 608 Ponderosa, Kenai-- Navarre noted the following: · Thanked council for the passage of the resolution regarding the oil and gas sales. · In regard to the vacation of the easement, when he was on the Borough Assembly, he didn't give rights-of-way away either. KENAI CITY COUNCIL MEETING FEBRUARY 5, 2003 PAGE 17 Suggested council reconsider the amending of the level of competitive bidding for construction or maintenance projects which council had failed earlier in the meeting. He noted, the Borough had raised their level to $50,000. Raising the limit would actually save money and time. L-2. Council Bookey-- No comments. Swarner -- · Referred to Information Item No. 2, drafts of a letter to President Bush or a resolution requesting first responder funding be disbursed. Council directed the letter be sent. · Stated she attended the Library visioning session and was pleased with the attendance and the suggestions made. Moore -- No comments. Porter -- · Asked if the joint letters with the Soldotna Council had been sent. It was reported draft letters were prepared and forwarded to the Soldoma City Manager. The City Manager was out of town and upon his return, the letters would be finalized. · Noted she spoke with the Airport Manager Cronkhite regarding vehicles left in the terminal parking lot with flat tires, etc. Cronkhite reported the vehicles to which Porter was refemng had current long-term permits. She contacted the owner of the vehicle with the flat tire and was told they would be repairing the tires, etc. when they were next in Kenai. It was also suggested the permits include a clause about keeping vehicles'in drivable condition while parked at the terminal. · Asked if the city could work with car dealers to encourage them not to park their vehicles on the grass on the right-of-ways as it kills the grass. Bannock-- No comments. Jll~k!~_lll -- No comments Williams -- Referring the memorandum from the Corps added to the agenda, he noted analysis//2 mentioned "...will continue to develop..." indicating long term; and analysis//3 stated, "...a draft reconnaissance report..." also indicates long term. Williams stated his concern the project will be delayed further and added, he would bring it to the attention of Senator Stevens during his visit with him in March. EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjoUrned at approximately 11:46 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z o o [~Z z 0 0 0 0 ::3 0 (.:3 (.'3 -- <1:: ~ 0 n LU (.:3 (:3 -. n,' 0 0 Z ::3 H- uJ uJ ~ co LO 0 0 ~0 0 0 0 0 0 0 0 0 0 0 0 0 0 (.'3 0 0 (,.'3 -r' ~ 0 -r- 0 0 z 0 > 0 n~ o o o o ,',' LLI LLI i?11 w Z o 0 Z 0 co Z ~-0 o~< Z LL _ _ I. IJ ~)Z[~ Z o LU UJ 0 Z -- Z -- o c) QE< Z ILl [~ Z 0 uJ Suggested by: Administra'um~ City of Kenm ORDINANCE NO. 1993-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,782 IN THE GENERAL FUND LIBRARY DEPARTMENT FOR A STATE GRANT. WHEREAS, the City of Kenai received a $1,782 grant from the State of Alaska for interlibrary book loans; and WHEREAS, it is in the best interest of the City of Kenai to purchase library books with this grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Library Increase Estimated Revenues: State Grant $1,782 Increase Appropriations: Books $1,782 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of March, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~~~ (02 / 11 / 2003) hl Introduced: Adopted: Effective: February 19, 2003 March 5, 2003 March 5, 2003 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1994-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO CHANGE PARKS AND RECREATION IN THE RR, RR1, RS, RS1, RS2, AND RU ZONES FROM A SECONDARY USE TO A CONDITIONAL USE AND, IN THE IL AND IH ZONES, FROM A SECONDARY USE TO A PRINCIPAL PERMITTED USE. WHEREAS, parks and recreation is currently listed as a secondary use in the RR, RR1, RS, RS 1, RS2, RU, IL and IH zones; and, WHEREAS, parks and recreation would not be developed as a secondary use; and, WHEREAS, parks and recreation should be allowed in residential zones (RR, RR1, RS, RS 1, RS2 and RU) as a conditional use; and, . WHEREAS, parks and recreation is compatible with the intent of the IL and IH zones as a principal permitted use; and, WHEREAS, inclusion of parks and recreation as allowed in residential zones (RR, RR1, RS, RS 1, RS2 and RU) as a conditional use and as a principal permitted use in the IL and IH zones is consistent with the 1992 Kenai Comprehensive Plan (Revised 1996); and, WHEREAS, it is in the best interest of the City of Kenai to allow parks and recreation to be a principal permitted use in industrial zones and to allow parks and recreation to be a conditional use in residential zones. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.22.010 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: February 19, 2003 March 5, 2003 April 5, 2003 KEY: LAND USE TABLE NOTE: Reference footnotes P=Principal Permitted Use on following pages for C=Conditionai Use additional restrictions. S=Secondary use N=Not Permitted LAND USES C ' RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH Theaters/ N C C19 C N N C P P C C N P C Commercial Recreation -~-;:;:;:i~) .t. IS~[f.~;:::;::;i ;:::::;1:;:1::::: i;::: :z::; :::::: :;;::: ::::: :1: :::::::::::::::::::::::::::::::::::::: :':':':.:':.:';.:-: i:';-:.:.:.:.;.;-:.; :-:-:.:.:.:-: :.:-:.;.:-;.: :.:-:.:.:.:.; :.:.:-:-:.:.:. -;.:.:.:-:.:. .:.:.:.:. .: :.:.:.:.:. .:. f I ....................................... T1'f' ' f '' ~iT I T '11 fl I'll III 'f '1 T I ' f I 1 ...... ~ ' I ' T I T ...... LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH Related Uses Automotive Repair/ N C C~9 C19 N N C P P P P N N N Tire Recapping/ Rebuilding Gas Manufacture/ N N C~9 C~ N N N N N C~ C9 N N N Storage Manufacturing/ N C C C N N C C P P P N C C Fabricating/ Assembly/Storage Warehouses N C C19 C N N C C p9 P P N C N ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::: ::::::::::::::::::: ::::::::::::: :::::::::':': :':::::':':': :':':':':':':'i':':':':':':' :i:i:'i~/:~i:T:/J~.6~:i:i: :!:!:!:i:!:!:i:i:!: :!:!:i:i:!:i:;:!:i: :i:i:i:i:i:i:i:i:i: :i:i:i:!:i:i:!:i:i :!:i:!:!:!:i:i:!:i LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH Churches C plo plo plo p~O plo p~O p~O plo C C P plo P , Clinics C C C C C C C P P P C P C C ,, Colleges C C C C C C C P P C C P C C Elementary Schools C C C C C C C P P C C P C C Governmental Buildings C C C C C C C P P P C P C C High Schools C C C C C C C P P C C P C C Hospitals C C C C C C C P P P C C C C Libraries C C C C C C Cm P P P C P C P Museums C C C C C C C P P P C P C P ,, Parks and Recreation P P__ P_p_ P__' P__ P__ P__ P P P_ P p p p Sanitariums C C C C C C C C C C C C C C Attachment A Page 2 of 3 C.~TY OF KENAI PLANNING & ZONING COMMISSION PZ03-08 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 THE LAND USE TABLE IN KMC 14.22.010 BE AMENDED TO CHANGE PARKS AND RECREATION IN THE RR, RR1, RS, RS 1, RS2, AND RU ZONES FROM A SECONDARY USE TO A CONDITIONAL USE AND, IN THE IL AND IH ZONES, FROM A SECONDARY USE TO A PRINCIPAL PERMITTED USE. WHEREAS, parks and recreation is currently listed as a secondary use in RR1, RS, RS 1, RS2, RU, IL and IH zones; and the RR, WHEREAS, parks and recreation would not be developed as a secondary use; and WHEREAS, parks and recreation should be allowed in residential zones (RR, RR1, RS, RS 1, RS2 and RU) as a conditional use; and, WHEREAS, parks and recreation is compatible with the intent of the IL and IH zones as a principal permitted use; and WHEREAS, inclusion of parks and recreation as allowed in residential zones (RR, RR1, RS, RS 1, RS2 and RU) as a conditional use and as a principal permitted use in the IL and IH zones is consistent with the 1992 Kenai Comprehensive Plan (Revised 1996); and WHEREAS, it is in the best interest of the City of Kenai to allow parks and recreation to be a principal permitted use in industrial zones and to allow parks and recreation to be a conditional use in residential zones. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.22.010 as shown on Attachment A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of February 2003. a~ "' nal Municipal Airport II II Airport Manager's II I Monthly Report II Airport Marketing: Several meetings occurred during the last month with prospective tenants for airport property. Some of the plans and proposals are very exciting. A special thanks to Kim HoWard, Assistant to the City Manager, for her willingness to drop everything and spend time with the many prospective clients we refer to her for specific airport land information. Airport Terminal Parking Lot and Driveway Reconfiguration Project: Consultant continues work with the Airport Commission and Terminal user groups to develop a plan for presentation to Council. The most exciting part of this project will include upgrade of Terminal ramps and sidewalks to comply with Federal access requirements. This portion of the project is eligible for grant funding. Airport Terminal Display Project' Project is still on schedule for completion before tourist season. Airport Security: The Transportation Security Administration (TSA).continues to provide two agents on a trial basis to search checked baggage outbound from Kenai to connecting carders. Airport Manager met last month with Kenneth L. Jarmen, Federal Security Director, U.S. DOT, Transportation Security Administration and a bevy of Federal and contract personnel to access the capability of our terminal to accommodate full passenger and baggage screening. As most of you remember, the Kenai terminal original layout provided full passenger screening and therefore is well suited to any proposed changes in security requirements.. The Airport Manager is continuing to meet with TSA representatives to draft an acceptable security plan for Kenai. Chief Kopp also met with Mr. Jarmen and is providing assistance in defining our capabilities and needs. More Airport Security' At the request of Mayor Williams, we have contacted Mr. Mike Machulsky, Assistant TSA Administrator, Alaska Region and invited him to visit Kenai to meet with our Airport Commission to discuss airport security. Mr. Malchulsky indicated that he would be interested in such a meeting and will discuss the possibilities with Ken Jarmen and perhaps coordinate something to coincide with Mr. Jarmen's next visit. Airport Certification Inspection: The FAA Airports Division conducted their annual airport certification inspection February 4th through the 7th. The final inspection report will be transmitted later this month. At the out-brief meeting, information provided indicated several areas of concern, primarily in the areas of manning and training. Runway Safety Action Team (RSAT)' In conjunction with the certification inspection, the FAA RSAT team visited the Kenai Airport to conduct inspections of the airfield and possible incursion hazards. Recommendations from that inspection included improved signage and pavement markings. Central Peninsula Air Fair: Event is scheduled for May 31, 2003. Kenai will be hosting a fly-in breakfast and static displays. Anyone interested in volunteering should contact Kenai coordinator Mary Bondurant at 283-7951 x 22. CITY OF KENAI 2t0 RI)Al. GO AVE., SUITE 200 KENAI, ALASKA 00611-7794 TELEPHONE 9O7-283-7535 FAX 007-283-3014 ~ MEMORANDUM TO: FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manage~ -(..,/ February 13, 2003 Department report-Council meeting of February 19, 2003 · A Public Works bid information sheet is attached. · The draft City of Kenai Comprehensive Plan was presented at the February 12th Planning and Zoning meeting. We have requested all comments be in writing to Marilyn Kebschull by March 7, 2003. ' · The City Hall communications upgrade and lighting fixture replacement work is taking place at this time during the evenings after 4PM. It should take another week or so to complete. CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283-7926 FAX 907-283-4675 KENAI All Anm~c~ CRy MEMORANDUM TO- FROM: DATE: Linda Snow, City Manager Frates, Parks & Recreation Director~~) Robert J. February 13, 2003 Momhly Administrative Report January was one of the most heavily used momhs for the Recreation Center this wimer. The basketball leagues cominued to be a good draw for the public and players alike and there was a 10% increase in weight room, wallyball, and gym use. The Teen Center experienced an increase of +45 visits over December's totals. A total of 4,281 visited the l~ecreation Center and a total of 1,318 youth visited the Teen Center. Michelle McGlasson (Teen Center Supervisor) is collaborating with Boys and Girls Club Teen Coordinator on the integration of activities, particularly over spring break. Eft'oas will continue in that direction from now throughout summer. The AWG Bid Committee, along with hundreds of volunteers from the Kenai/Soldotna area, left a very solid impression with the International Committee. No announcement has been made to date with respect to a selection of a host site. The general consensus, however, is that the International Committee was impressed with the Peninsula's ability to host the games. The unseasonably mild temperatures have had a devastating effect on local ski trails, particularly for the Kenai Nordic Trails. Our trails are still closed and will most likely remain closed for the remainder of the season. To date, less than 10 man-hours have been put into grooming trails. KENAI MULTI-PURPOSE FACILITY ACTIVITY REPORT Month: January 03 THIS MONTH ACTIVITY Customer Type: (hrs.) KPHA 81.5 41 KCHS 34 51.5 Homer H.S. 4 8 North Pen. Rec. 9 3 Men's Over 35 3 Rusty Blades Houston H.S. Nikiski H.S. 6.5 12 7 Homer Hockey Assoc. Soldotna H.S. Nikiski Hockey (B. Bird) Total Hrs: Revenue: Ice Remal Figure Skating Public Skate Expenses: Ice Maim, Electric Gas Water and Sewer Sanitation Total Projected Revenue: Total Projected Expenses: 1.50 143 $15,015.00 136.00 196.00 $11,703.39 4,734.90 402.20 57.75 128.74 $15,347.00 $16,898.24 THIS MONTH LAST YEAR 120 THIS YEAR TO DATE 3OO 121.50 25.50 29.50 68 51.25 601.75 $63,183.75 549.00 789.00 $45,058.06 36,881.66 1,467.41 288.75 461.45 $64,521.75 $84,157.33 Monthly Report For February 19, 2003 Keith Kornelis~ Public Works Manager McCollum & Aliak LID: A resolution at the public hearing on March 5 will give the scope of work, the method to be used to allocate the costs, and that the property owners will be assessed at 25%. There will a choice of allocation by square footage or linear footage. 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 Kenai Coastal Trail and Erosion Control Project: The Corps had a meeting at the Kenai River Center on January 28 where the scope of work for the sediment and hydrologic studies was discussed. Some of the biological study plan was also discussed. New Well House 4' An area north of the Kenai Spur Highway is being considered. Wastewater Facility Plan (WWFP)' The city is reviewing the 65% plan submitted by CH2M Hill. 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. They are working on the addendum to the contract, which is the preliminary design. --Boatin~ Facility: I plan to go to bid for the dock lease spaces in March. The Harbor Commission is going ),to reevaluate the Kenai Harbor Rate Schedule. Safety: The Governor's Safety & Health Conference is scheduled for March 17, 18, & 19. Our consultant is working on the new Site Specific and General Health & Safety Plans. GASB 34: Public Works is 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: New fire hydrant markers were installed. New valves were installed on the steam truck and the high temperature shut down was calibrated. We are looking into painting the interior of Well House No. 3. Streets and Dock: We plowed and scraped the streets, airport, and sidewalks; lubed equipment; sanded streets and airport; filled sand buckets for city buildings; steamed and cleaned storm drains; helped take down the Christmas decorations; made some street sign repairs; worked on trailer for pumps; and cleaned equipment. Sewer Treatment Plant, STP: The plant is running great. M mo Linda Snow, City Manager Fromm Chuck Kopp, Chief of Police 2/13/03 January 2003 Report During January the Kenai Police Department responded to 428 calls for service. The Communications Center received 126 911 calls for emergency assistance. The installation of the ballistic safety window in the front lobby was completed. This will enhance the safety of Communications personnel while continuing to provide personal, face-to-face service to walk- in members of the public, in order to increase service to front counter citizens, a metal pass-thru drawer is being installed in the wall below the safety glass, enabling the transfer of mail, documents, and other items including Council packets. Officer Jay Sjogren successfully completed field training and has assumed solo patrol duties. Officer Trevor Miller attended a week-long (40 hrs) Methods of Instruction class in Anchorage. Officer Mitch Langseth attended a 3-day Interpersonal Violence course in Anchorage. Inv. Sgt. Scott McBdde attended a 3-day, federally funded, Anti-terrorism training course in Anchorage. Sgt. Gus Sandahl began a federally funded 12-week Polygraph Examiner school; the school is in Pennsylvania and will conclude the end (f March. The State vs. Billy D. Smith double homicide case was successfully resolved due to Kenai Police Deparlznent polygraph expertise. The Kenai Visitor & Cultural Center was the site of DispatchedCall-taker in-service training on Jan. 8-9 and 13-14. A 911 Supervisors class was presented on Jan. 10~ in conjunction with the 2-day classes. All but 2 Kenai Dispatchers attended this training. This very progreSsive and timely training was sponsored by the Kenai Police Department, the Kenai Chapter of the Alaska Peace Officers Association, and the Borough's O.E.M. Instruction was given by Public Safety Training Consultants and was featured in the last City Newsletter and covered by the Peninsula Cladon. AND, Dispatcher Anita Handley got married on January 1 Please find attached the City of Kenai 2002 Motor Vehicle Crash Report. KENA! POLICE DEP'!.. 107 SOUTH WILLOW ST., KENAI, ALASKA 9961'1 TELEPHONE' (907) 283-7879 · FAX (907) 283-2267 2002 Motor Vehicle Crash Report Io II. III. IV. V. VI. Fatal Crashes Total Crashes reported and type Location of Occurrence Primary Cause Occurrence by Day and Time Five Year Comparison VII. Summary and Conclusion Ie FATAL MOTOR VEHICLE CRASHES There were no fatal injury motor vehicle crashes in the City of Kenai in 2002. Il. TOTAL MOTOR VEHICLE CRASHES AND TYPE T,vpe reported to KPD 2002 2001 Chan~e Total 384 369 + 4% Investigated (12-200) 225 213 + 5.5% Damage Only 179 175 + 2% Injury 47 38 + 24% Hit and Run 49 33 + 48% Fatal 0 0 0 III. LOCATION OF OCCURRENCE 1. KSR mile 10-12 ......... 55 2. Private Property ......... 48 3. Bridge Access ............ 15 4. KSRmile 8-10 ........... 13 5. KSR mile 6-8 ............. 12 6. KSR / BAR ......... 10 7. KSR mile 4-6 ......... 9 8. KSR mile 12-14 ...... 9. KSR/WalkerLn .... 3 10. KSR/Spruce St ......3 IV. PRIMARY CAUSE Driver Inattention ............ 40 Failure to Yield ............... 26 Animal Action ............... 25 Unsafe Speed ................. 21 Alcohol / Drug ............... 20 Unsafe Backing .......14 Failure to Stop ......... 12 Improper Lane Use ..... 9 Slippery Pavement ...... 7 Improper Pass ........... 4 V. OCCURRENCE BY DAY AND TIME 0001-0600 0601-1200 1201-1800 1801-2400 Sunday 7 0 8 Monday 1 4 18 Tuesday 2 7 12 Wednesday 2 6 13 Thursday 4 5 16 Friday 3 5 16 Saturday 5 _4 18 9 11 12 8 5 13 11 TOTAL 24 31 101 69 11% 14% 45% 30% Total 24 34 33 29 3O 37 38 225 ,, 11% 15% 15% 13% 13% 16% 17% Vie FIVE YEAR COMPARISON 2002 2001 2000 1999 1998 Reported Crashes 384 369 250 306 302 Investigated Crashes 225 213 162 146 187 Damage Only 179 175 121 232 195 Inju~ 47 38 41 27 61 Fatal 0 0 1 0 2 Collisions with Animals 25 36 13 20 31 AlcohoVD~ Related 20 17 8 10 12 VIIe SUMMARY AND CONCLUSION The 225 investigated crashes involved 382 vehicles and 505 people. Seatbelts or approved restraint devices were reported to be utilized by 81% of involved persons (398/494), up fi'om the 79% reported in 2001. The 47 injury crashes resulted in 61 persons with injuries ranging in definitions of possible, non-incapacitating, and incapacitating. Alcohol was a factor in 20 crashes which resulted in injuries to 11 people and 17 arrests for DWI. In two crashes, alcohol was suspected, or below the standard for arrest. Marijuana was involved in one documented crash investigation. EffeCtive July 1, 2002, the standard for the presumption of intoxication moved from · 10 to .08 breath alcohol concentration. This new law did not affect the arrest rate of drivers involved in crashes. The average breath alcohol concentration for the responsible driver in alcohol related crashes was .201, twice the old. 10 standard. Kenai Police Department made 142 arrests for driving while intoxicated in 2002, 135 in 2001 and 110 in 2000. Kenai Police officers recorded 4,018 traffic related contacts (up 8%) resulting in 1,521 citations, including 137 citations as a result of accident investigations. KPD participated in the Selective Traffic Enforcement Program (STEP) grant again this year which funded 241 hours of dedicated traffic patrol. There were 24 crashes with moose, and 1 with a caribou. The 384 reported crashes in 2002 continued a three year increase, and a 27% increase over 5 years. The 225 investigated crashes represent a five year increase of 20%. The crashes were evenly spread among the days for occurrence. The majority happen between 12'00pm and 6:00pm. Further breakdown shows that 77% of the 101 crashes during that time occurred after 2'00pm. This is consistent with the tem~ation of the school day and work day. Additionally, of the 69 Crashes that took place between 6:00pm and midrfight, 65% (45) occurred before 8:00pm. In 2002, patrol officers spent 50% of their time conducting investigations, with only 18% dedicated to patrol. 16% was allocated to training, a higher than usual average due to. the training of three new officers to replace vacancies left by Morris, Kohler, and Paskewitz. Only one new h/re had completed the training program by the end of the year. The most effective deterrent to violations of traffic law that cause crashes is ag~essive enforcement and hi~h visibility police presence. As KPD returns to its full complement of Officers, dedicated patrol efforts during the hi~h incident times of 2'00pm to 6'00pm, and in the area of schools and the business district will be 5mpiemen~e:d. KENAI FIRE DEPARTMENT ACTIVITY REPORT TO CITY MANAGER For the period of 01-08/02-12-03 Proctored State Fire Extinguisher tests. Three KFD personnel attended PHTLS Course at Nikiski Fire Dept. Three KFD personnel attended the Spring Legislative Conference in Juneau. Hosted 4 KCHS students for Job Shadow Day. Provided car seat check ups in conjunction with SafeKids. 1 KFD personnel attended the EMT III Course in Anchor Point. Assisted in FAA recertification. Conducted live aircraft training fire @ PRISM to meet annual FAA requirements. Station tour for Read's Primary School. Provided blood pressure checks to citizens. Assisted Public Works and KPD with details on communications upgrade. Provided 2 smoke detectors to Kenai residents. Actions Taken Department Level (Chart) Report Period: From 1/8/2003 To 2/12/2003 Description Action I Action 2 Action 3 Total Actions Percent of Total Provide EMS Care Investigate/Enforcement Provide Asistance Fill-in/Standby Identify and Confine Hazardous Cond Extinguish and Control Rescue Totals 58 19 11 88 65.19% 12 7 4 23 17.04% 9 2 0 11 8.15% 5 1 1 7 5.19% 2 1 0 3 2.22% 1 1 0 2 1.48% 1 0 0 1 0.74% 88 31 16 135 100.00% I Extinguish and Control I Provide EMS Care [--] Identify and Confine Hazardous Cond ~ Rescue ~ Provide Asistance ~ Investigate/Enforcement i ~ Fill-in/Standby i Total: 1.5% 65.2% 2.2% 0.7% 8.1% 17.0% 5.2% 100.0% INC002 (1.02) Page 1 of 1 Printed 02/11/2003 17:49:32 ;~enlor center Monmly l~eport ,. Page 1 oi'2 Linda Snow ¥..2.._.2__~L222 .............................. i ...... iii i.. _[t tLLttl From: Rachael Craig Sent: Thursday, February 13, 2003 10:36 AM To: Linda Snow Subject: Monthly Report to City Council2002 Senior Center's January Monthly Report Our Center continues to be active and seniors use the facility daily. Total number of days open in January 22 days. # Congregate Meals Served # Home Meals Served Number of assisted fides' Number of unassisted rides: 1,016 1,468 242 324 The facility was rented twice this month. We logged 749 volunteer hours for January. We celebrated and honored our volunteers who do so much for our organization. Our volunteers subsidize the center where our grants leave off. Our volunteers provide essential non-paid positions to make our agency. They are vital to our organization. Our volunteers prepared lunch for congregate meals and home meals in senior housing on New Year's Day, regular volunteers assist two days a week in the kitchen, receptionist are on duty from 8'00a.m. until 3:30p.m. drivers to and from doctor visits, fides to and from the facility and shopping, serving lunches, leading craft projects, a'diabetic workshop, junior-miss candidates entertained, line dancers represented the center at 3 different agencies, Council on Aging and Senior Connection. These are all volunteer positions at the center. They need to be commended. If these positions were paid positions at minimum wage we would be paying them $5,355.35. If these positions were actually placed in their correct salary ranges it would be considerably higher. 15 seniors have visited the Wellness Clinic. Lynn Knowles, RN is provided by the hospital for this clinic. She provides blood pressure and weight checks, cholesterol draWs, and pedicures. She has been very helpful in assisting us with seniors in need of additional health care and has instructed the office on how to handle different health situations. We are very grateful for this service. We have finished combining our housing list with 120 seniors on the list. One apartment will be vacant the end of the month with occupancy occurring the first of April. The director has finished the borough grant application for next year and will be working on the state grant. We are evaluating our home meal clients, restructuring billing for our "choice waiver" clients, and will be sending a letter to each home client not on the "choice wavier" to renew the need for a doctor's prescription for home meals. 2/13/2003 163 Main Street Loop Kenai, Alaska 99611 REPORT FOR JANUARY, 2003 CIRCULATION Adult Juvenile Easy Books Fiction 2213 Non-Fiction 1795 Periodicals 83 366 310 1454 283 Cassettes Intemet Access CDs Kits Misc. 180 795 144 6 44 Puzzles 2 Videos 1259 DVD 108 Total Printed Materials ............... 6504 Total Circulation ............................ 9042 WEBPAC Searches .................... 857 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts 5 106 27 65 40 Purchases' - 93 33 13 6 Total Additions ............................... 388 INTERLIBRARY LOANS Ordered Received Returned Books 21 16 16 INTERLIBRARY LOANS BY OUR LIBRARY ............ 35 INTERNET USE ......... 795 VOLUNTEERS Number .... 11 Total Hours .....189 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,627.84 267.25 120.40 Total Income for January, 2003 ............$2,015.49 Library Cards Issued January, 2003 Kenai 64 Clam Gulch Homer Kasilof Nikiski 21 Soldotna 28 Seward Sterling Other Total 134 Library Patronage ...... Adult Programs ........ Childrens' Programs... 7,323 Persons 50 Persons 245 Persons 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM: DATE: RE' Mayor John J. Williams and City Council Members Cary R. Graves, City Attorney February 13, 2003 Smoking Regulation Draft Ordinances Attached are two draft ordinances (A and B) regarding smoking. One regulates smoking in eating establishments. The other regulates smoking in eating establishments and bowling alleys as requested by Council Member Patricia Porter. During the public hearing on the issue, Council indicated there would be additional public hearings prior to introduction of the ordinance. I have included the drafts in the packet along with this memo (to be mailed to those who testified, to restaurants and the bowling alley in Kenai) so people will have time to study them before the next public hearing. My understanding is that a public hearing will be scheduled for the March 5 meeting. At that time, Council can give me direction as to whether it wants an ordinance introduced and, if so, which one. There's an old saying that "the devil is in the details." My legal drafting professor used to say that in law "the devil is in the definitions." That's especially tree in smoking ordinances. In particular, the definitions of "bar," "eating establishment" and "enclosed area" really determine how far the ordinance goes. I had originally thought to include a definition of "bar restaurant"; but, after working .on the issue, I don't think an additional definition is necessary. My reasons are detailed below. I based the draft ordinances on the one passed in Soldotna. They both prohibit smoking in eating establishments. However, each requires different degrees of separation between the smoking (bar) and non-smoking (restaurant) areas. Those differences are created by changing the definitions of the terms "bar," "eating establishment" and "enclosed area." Here are the two sets of definitions used in the draft ordinances and an explanation of what each ordinance would require and accomplish. Mayor Williams and City Council February 13, 2003 Page 2 of 3 1. Draft A Ordinance This ordinance is the stricter of the two. It would require both physical separation by walls and doors, and a separate ventilation system in a bar. I used terminology describing a "ventilated area" rather than a "negatively pressured environment" because the latter phrase has a distinct meaning to engineers that doesn't really match what I think was envisioned. The end result is really the same, but I think using terms describing ventilation systems works better than "negatively pressured environment." The pertinent definitions in this ordinance read as follows' "Bar" means a premises licensed under As 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not serve any person under the age of twenty-one (21) unless accompanied by a parent or guardian, and where tobacco smoke cannot filter into any other area where smoking is prohibited through a passageway, ventilation system or other means. A "bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Eating Establishment;' means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, which gives or offers for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared. "Enclosed Area" means a ventilated area so that air from a smoking area is not drawn into or across the nonsmoking area where all space between a floor and ceiling is enclosed on all sides bY solid walls or windows, exclusive of doors or passage ways, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or are not solid. The doors of an enclosed area should remain closed whenever practicable. 2. Draft B Ordinance This ordinance would not require a separate ventilation system for the bar area. Instead, it would only require physical separation by walls. The pertinent definitions in this ordinance read as follows: "Bar" means a premises licensed under AS 04.11.090 which does not employ any person under the age of twenty-one (21) and which does not Mayor Williams and City Council February 13, 2003 Page 3 of 3 serve and person under the age of twenty-one (21) unless accompanied by a parent or legal guardian which is an enclosed area. A "bar" does not include areas in an eating establishment where alcoholic beverages may be served. "Eating Establishment" means any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private or public school cafeteria, fast food service and other establishments, including any bar area of any such establishment which is not an enclosed area, which gives or offers for sale food to the public and where cooked or otherwise prepared food is sold to the public for consumption on the premises, as well as kitchens in which food is prepared. "Enclosed Area" means an area where all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doors, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend between the floor and ceiling or not solid. The doors of an enclosed area should remain closed whenever practicable. As you can see, both ordinances would allow smoking in "bar" areas where food was also served if the bar was an "enclosed area." That is because the definition of "eating establishment" in which smoking is prohibited does not include bars that are "enclosed areas." However, the steps needed to become an "enclosed area" are different in the two ordinances. In the first, walls and a separate ventilation system would be required. In the second, the separation would be by walls only. Please feel free to contact me if you have any questions. CRG/sp Attachment DRAFT Suggested by: Council CITY OF KENAI ORDINANCE NO. -2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AN ORDINANCE AMENDING KMC BY ADOPTION OF A NEW CHAPTER 12.40 TO REGULATE SMOKING IN EATING ESTABLISHMENTS. WHEREAS, the smoking of tobacco is a proven danger to health; and WHEREAS, health hazards induced by breathing secondhand smoke includes, but is not limited to, lung cancer, respiratory infection, decreased respiratory function, broncho- constriction, and broncho-spasm; and WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers and restaurant staff; and WHEREAS, persons eating outside their homes for meals, including children, are often involuntarily exposed to indoor tobacco smoke which is not only harmful to their health, but which may also diminish their enjoyment of the experience; and WHEREAS, the City Council hereby finds that it is in the public health, safety and welfare to supplement State regulation of the use of tobacco and tobacco products by regulating their use in eating establishments within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 12.40 is hereby added to read as follows on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2003. day of Joh~~i/~s, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Section I Chapter 12.40 REGULATION OF SMOKING IN EATING EST~LIS~ENTS Sections: 12.40.010 12.40.020 12.40.030 12.40.040 12.40.050 12.40.060 12.40.070 12.40.080 Definitions Regulation of Smoldng in Eating Establishments Where Smoking Not Regulated Sign Posting Requirements No Retaliation Violations and Penalties Enforcement Other Applicable Laws 12.40.010. Definitions. "Bar" means... "Eating Establishment" means... "Enclosed Area" means... ~Operator' means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment or bar. "Smoking" means the burning, inhaling or exhaling of a tobacco or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form. 12.40.020. Regulation of Smoking in Eating Establishments. Smoking is prohibited and is unlawful within all indoor eating establishments. Section 12.40.030. Where Smoking Not Regulated. Notwithstanding any other provision of this Chapter, the following areas shall not be subject to the smoking restrictions of this Chapter: (a) Bars; and and (b) Eating establishments while in use in their entirety for private functions; Attachment A Regulation of Smoking Page 1 of 3 to the sky. Any patio or other area of an eating establishment which is entirely open Section 12.40.040. Sign Posting Requirement. (a) The operator of a bar or eating establishment controlled by this Chapter shall post signs stating "No Smoking", with letters of not less than two inches in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), and with letters of not less than one inch in height, citing City of Kenai Municipal Code Chapter 12.40. Signs shall be clearly, sufficiently and conspicuously posted in every location where smoking is controlled by this Chapter. (b) Every operator of an eating establishment regulated by this Chapter shall have posted at the entrance of the eating establishment, a sign clearly stating, "No Smoking" which meets the above described requirements. Section 12.40.050. No Retaliation. ,, No person may retaliate or discriminate against any customer or employee because such person exercises any fight to a smoke-flee environment afforded by this Chapter. Section 12.40.060. Violations and Penalties. (a) It is unlawful for any person who operates any premises subject to regulation under this Chapter to fail to comply with any provisions of this Chapter. (b) It is unlawful for any person to smoke in any area where smoking is prohibited by this Chapter. (c) Any person who violates any provision of this Chapter shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100), plus any surcharge required to be imposed by AS 12.55:039, for a first violation within a 24 month period; 2. A fine not exceeding two hundred dollars ($200), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a 24 month period as measured from the date of first violation; or 3. A fine not exceeding five hundred dollars ($500), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a 24-month period as measured from the date of first violation. (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. Attachment A Regulation of Smoking Page 2 of 3 (e) Any person aggrieved by a violation or threatened violation of this Chapter or the City may bring a civil action against a person who violates this Chapter and may recover a civil penalty not to exceed $300 per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. Section 12.40.070. Enforcement. (a) Administration of this Chapter shall be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or his or her designee(s). (b) Prior to citing an owner for violation of this Chapter, the City shall provide the operator with a written warning for any such violation. Thereafter, in the case of the first violation of this Chapter in any two-year period, the operator shall be subject to the penalties set forth in Section 12.40.060. Section 12.40.080. Other Applicable Laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or regulation. Where State law and the provisions of this Chapter apply to the same area or activities, the more stringent provision creating a smoking prohibition shall apply. Section 2 Effective Date. This ordinance shall be effective on ,2003. Attachment A Regulation of Smoking Page 3 of 3 Suggested by: Council CITY OF KENAI ORDINANCE NO. -2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AN ORDINANCE AMENDING KMC BY ADOPTION OF A NEW CHAPTER 12.40 TO REGU~TE SMOKING IN EATING ESTABLISHMENTS AND BOWLING ALLEYS. WHEREAS, the smoking of tobacco is a proven danger to health; and WHEREAS, health hazards induced by breathing secondhand smoke includes, but is not limited to, lung cancer, respiratory infection, decreased respiratory function, broncho- constriction, and broncho-spasm; and WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers and restaurant staff; and WHEREAS, persons eating outside their homes for meals, including children, are often involuntarily exposed to indoor tobacco smoke which is not only harmful to their health, but which may also diminish their enjoyment of the experience; and WHEREAS, the City Council hereby finds that it is in the public health, safety and welfare to supplement State regulation of the use of tobacco and tobacco products by regulating their use in eating establishments within the City of Kenai NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 12.40 is hereby added to read as follows on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2003. John J. Williams, Mayor day of ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. (e) Any person aggrieved by a violation or threatened violation of this Chapter or the City may bring a civil action against a person who violates this Chapter and may recover a civil penalty not to exceed $300 per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. Section 12.40.070. Enforcement. (a) Administration of this Chapter shall be by the City Manager or his or her designee(s). Any person who desires to register a complaint hereunder may initiate enforcement consideration with the City Manager or his or her designee(s). (b) Prior to citing an owner for violation of this Chapter, the City shall provide the operator with a written warning for any such violation. Thereafter, in the case of the frrst violation of this Chapter in any two-year period, the operator shall be subject to the penalties set forth in Section 12.40.060. Section 12.40.080. Other Applicable Laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or regulation. Where State law and the provisions of this Chapter apply to the same area or activities, the more stringent provision creating a smoking prohibition shall apply. Section 2 Effective Date. This ordinance shall be effective on ,2003. Attachment A Regulation of Smoking Page 3 of 3 Sections: Section I Chapter 12.40 REGULATION OF SMOKING IN EATING ESTABLISHMENTS AND BOWLING ALLEYS 12.40.010 12.40.020 12.40.030 12.40.040 12.40.050 12.40.060 12.40.070 12.40.080 Definitions Regulation of Smoking in Eating Establishments Where Smoking Not Regulated Sign Posting Requirements No Retaliation Violations and Penalties Enforcement Other Applicable Laws 12.40.010. Definitions, "Bar" means... "Eating Establishment" means... "Enclosed Area" means... "Operator" means and includes the owner, proprietor, manager, lessee, lessor, licensee or any other person exercising control over any eating establishment or bar. "Smotdng" means the burning, inhaling or exhaling of a tobacco or carrying any lighted pipe, cigar, cigarette or other combustible substance in any manner or in any form. 12.40.020. Regulation of Smoking in Eating Establishments _and Bowling Alleys. Smoking is prohibited and is unlawful within all indoor eating establishments and bowling alleys. Section 12.40.030. Where Smoking Not Regulated. Notwithstanding any other provision of this Chapter,. the following areas shall not be subject to the smoking, restrictions of this Chapter: (a) Bars; and Attachment A Regulation of Smoking Page 1 of 3 and (b) Eating establishments while in use in their entirety for private functions; (c) to the sky. Any patio or other area of an eating establishment which is entirely open Section 12.40.040. Sign Posting Requirement. (a) The operator of a bar or eating establishment controlled by this Chapter shall post signs stating "No Smoking", with letters of not less than two inches in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), and with letters of not less than one inch in height, citing City of Kenai Municipal Code Chapter 12.40. Signs shall be clearly, sufficiently and conspicuously posted in every location where smoking is controlled by this Chapter. (b) Every operator of an eating establishment regulated by this Chapter shall have posted at the entrance of the eating establishment, a sign clearly stating, "No Smoking" which meets the above described requirements. Section 12.40.050. No Retaliation. No person may retaliate or discriminate against any customer or employee because such person exercises any right to a smoke-free environment afforded by this Chapter. Section 12.40.060. Violations and Penalties. (a) It is unlawful for any person who operates any premises subject to regulation under this Chapter to fail to comply with any provisions of this Chapter. (b) It is unlawful for any person to smoke in any area where smoking is prohibited by this Chapter. (c) Any person who violates any provision of this Chapter shall be guilty of an infraction, punishable by: 1. A /'me not exceeding one hundred dollars ($100), plus any surcharge required to be imposed by AS 12.55.039, for a first violation within a 24 month period; 2. A fine not exceeding two hundred dollars ($200), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a 24 month period as measured from the date of first violation; or 3. A frae not exceeding five hundred dollars ($500), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a 24-month period as measured from the date of first violation. Attachment A Regulation of Smoking Page 2 of 3 DRAFT City of Kenai RESOLUTION NO. 2003- Suggested by: Council A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, STATING THE HARMFUL IMPACTS OF ASHA'S RURAL OWNER OCCUPIED LOAN PROGRAM ON THE CITY OF KENAI AND URGING A CHANGE IN THAT PROGRAM SO THE ENTIRE KENAI PENINSULA IS INCLUDED IN THE PROGRAM BY CHANGING THE DEFINITION OF "SMALL COMMUNITY." WHEREAS, under AS 18.56.470(a) the current ASHA rural owner occupied loan program grants a 1% lower interest rate to houses in "small communities"; and WHEREAS, a "small community" is defined as "a community with a population of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks, or with a popula.tion of 1,600 or less that is connected by road or rail to Anchorage or Fairbanks; in this paragraph 'connected by road' does not include a connection by the Alaska marine highway system"; and WHEREAS, the definition of small.communities contained in AS 18.56.600(2) and 15 AAC 152.990(9) does not include the cities of Kenai, Soldotna, Seward or Homer on the Kenai Peninsula; and WHEREAS, the result of that definition is that many home buyers on the peninsula can get lower mortgages by purchasing homes outside the existing cities on the peninsula; and WHEREAS, the 1% lower interest rate can provide a substantial financial incentive to purchase a home outside the cities on the peninsula, and many home buyers have done so because of that incentive; and WHERAS, the growth of cities within the Kenai Peninsula has been hurt by the 1% differential; and WHEREAS, the line dividing where the 1% differential takes effect can literally be across the street in some cases; and WHEREAS, the policy encourages people to move to areas in the Kenai Peninsula Borough without city services such as water and sewer, fire, police, and planning and zoning, causing an increased burden on the Alaska State Troopers, the Department of Transportation and the Department of Environmental Conservation; and WHEREAS, changing the definition of "small community" to include the entire state, except for the Municipality of Anchorage, the City and Borough of Juneau and the City of Fairbanks, is in the best interest of the State of Alaska and would eliminate a major inequity in the program. Resolution No. 2003- Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the definition of "small communities" under Alaska's rural housing program be changed to include all of Alaska expect the Municipality of Anchorage, the City and Borough of Juneau and the City of Fairbanks. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of ,2003. DRAFT JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk DRAFT DeBi · At a joint work session of the Kenai and Soldotna city councils on January 20, the issue came up regarding notification to the cities of pending Borough zoning actions within one-half mile of the city limits. Even though they are outside of a city, such issues as conditional land use permits, community correctional residential centers, concentrated animal feeding operation permits, material site permits (gravel pits) and land classification can have a significant impact on the adjoining city. Because of that, the cities of Soldotna and Kenai request the Borough zoning code be changed so a city within one-half mile of a borough zoning action would be notified. The notice could be sent to the City Manager of the affected city and, therefore, would only be one additional letter. We do not believe it would constitute an administrative burden. Thank you in advance for any assistance you can provide on this issue. Please feel free to contact us if you have any questions. Sincerely, Sincerely, CITY OF KENAI CITY OF SOLDOTNA John J. Williams David R. Carey Mayor Mayor ClTYOF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM 1992 TO' FROM' DATE' RE' Mayor and Council Members Carol L. Freas, City C~~ February 13, 2003 STUDENT GO VER~NT DAY I have been contacted by Kim Shostak, a KCHS Government teacher who is very interested in participating in a Student Government Day at the city. She suggested the council meeting of April 16 (March will not suit due to spring break and testing; vans will be available for her use April 16; May is too close to graduation and there is some concern there may be a teacher strike). She has discussed the issue with her students and has been assured of their interest. In past discussions, it has been suggested the Government Day not be held on a regular council meeting day, but instead have the students come to the city, visit with department heads, tour the buildings, etc. as has been done before, but have a mock council meeting on a different evening instead of the students being involved in a regular council meeting. ® ® Does council want to hold a Student Government Day? If so, does council want to hold a mock council meeting on a different day and not during the council meeting? What date? Are there council members who would like to go to the high school and discuss the local government with the students prior to the Government Day activities? INFORMATION ITEMS KENAI CITY COUNCIL MEETING FEBRUARY 19, 2003 le . o , 1 / 27 / 03 Press Release, Senate Passes Funding for Transportation Department, see pages 3 and 4 and 2 / 14/03 Government Executive Magazine article reporting "Congress passes omibus spending bill with 4.1 percent pay raise." 2/11/03 Alaska Department of Administration press release, Duane bannock Selected as New DMV Director. 2/03 Soldoma Chamber of Commerce, Chamber Connection. 2/20/03 Kenai River special Management Area meeting agenda and minutes of the 1 / 16 / 03 meeting. Senate Passes k'und~ng k'or 'l'ransportat~on Department January 27. 2003 FOR IMMEDIATE RELEASE Contact: Melanie Alvord (202) 224-1028 SENATE PASSES FUNDING FOR TRANSPORTATION DEPARTMENT Funding for aviation safety, including completion of rural runway lights, Capstone, the Alaska Railroad, and increased Coast Guard operations Late Thursday the Senate passed the FY03 Omni~us Appropriations bill, which includes transportation funding for several Alaska initiatives. The measure includes a small across the board cut not reflected in the figures listed below. This bill must now be reconciled with its House counterpart, before final figures can be released and the bill can be sent to the President. A statewide rural airport lighting initiative received $11 million through the FY03 bill passed today by the Senate. The FY02 Transportation Appropriations measure (passed in 2001) included $10 million dollars to begin a statewide Alaska rural airport safety initiative to provide runway lighting and other safety improvements to every airport in Alaska. To date approximately 27 rural Alaska airports have been identified by the Federal Aviation Administration to receive precision approach path indicators (PAPIs) or nmway end identifying lights (REILs). "The $11 million included in the FY03 Transportation Appropriations bill will help modernize our rural airports. Seventy percent of Alaskan communities are not on the road system. They rely on air transportation," Stevens said. "These funds are crucial to ensuring that residents in these communities can travel to and from their homes as safely as possible. No one should be trapped in an emergency situation without a way to reach help because of inadequate runway lighting.': Stevens ~began this effort in 2001 after hearing repons of women in labor and heart attack victims having to wait for daylight to be medivaced because there were no runway lights. The bill also includes $30 million nationwide for Sa£eFlight 21, through which Capstone is funded, a next-generation flight safety project using satellite GPS technology to reduce in-flight accidents and incidents in the Alaska region. It provides pilots and air traffic controllers with enhanced data concerning surveillance, weather, terrain, obstruction avoidance, and air traffic. This is part of a comprehensive effort Stevens began three years ago to reduce aircraft accidents in the State. Alaska can expect to receive a substantial portion of this funding; it received $12.8 million for Fiscal Year 2002. The Five Star Medallion Program is another piece of that effort, which is funded at $1.5 million in the FY03 bill. Last year Stevens secured $3 million for this industry-sponsored, voluntary program to promote safe flying practices in the harsh Alaskan environment. The program is administered by the Medallion Foundation, a non-profit organization created by the Alaska Air Carriers Association. The Five Star Medallion Program is voluntary and is intended to promote a higher standard of operation for participating Alaskan air carriers. In addition, there is $113 million nationwide for the Essential Air Service Program which allows regional airlines to provide air service to small communities that otherwise would not receive air service. Alaska will receive funding through this program for 30 Alaskan communities including Wrangell, Petersburg, Kodiak, Yakutat, and Cordova. The Coast Guard's Kodiak Air Station will receive funding to augment their C-130 operations, which include fisheries enforcement,, search and rescue, and maritime boundary patrols in the Bering Sea. ~Senate Passes l~'uncl~ng l~'or 'l'ransportat~on Departmem t'age 2 o! ~ Currently, the Kodiak Station is funded at a level that allows 4,000 flight hours per year. The additional funds represent, a 10 percent increase (400 additional flight hours). "As the father of a former mariner, I know just how much Alaska families depend on the Coast Guard. These funds will help the Coast Guard maintain and expand on its crucial functions in Alaska," said Stevens. "Alaskans rely on the Coast Guard more than any other state and I am pleased, to support an increase in their Alaska operations." The Alaska Railroad received $25 million for rail safety infrastructure improvements that will benefit the Railroad's passenger operations (this is a 25 percent increase over last year's funding level). "This money will help replace old rail ties, which will improve safety and fimher modernize our railroad infrastructure. I'm pleased that the $20 million we appropriated for this purpose in last year's bill has been released to the Alaska Railroad so that work can begin," said Stevens. In addition, there is report language to greatly relieve the matching fund burden on the Alaska Railroad. Currently, Federal Transit Act formula funds received by the Railroad (not the $25 million referenced above) require a 20 percent match; the new language authored by Stevens would reduce this amount to nine percent, making it equivalent to the match required for surface transportation projects under the Federal Highway account. The Alaska Railroad extends 498 miles from Seward to Fairbanks. It is the only railroad in the nation that carries both passengers and freight, and provides a critical transportation link for passengers and cargo traveling through difficult terrain and.harsh climatic conditions. Other items included at Stevens' request are: Federal Aviation Administration- Facilities and Equipment: · $1.5 million for an Instrument Landing System at Nikolski Airport. · $3 million for volcan° monitoring to warn pilots of ash clouds like the one that nearly claimed a passenger jetliner over Alaska in 1989. · $4 million for the Alaskan National Air Space Interfacility Communications Systems. This network of satellite ground stations is the primary aviation communications network in Alaska. · $5.5 million for Juneau Airport wind profiling and weather research programs to help prevent accidents. Juneau is one of the most difficult approaches in the nation. · $1 million for an Instrument Landing System for the Wasilla Airport. Federal Aviation Administration- Airport Improvement Program: The following airports are listed as priority funding projects through the Airport Improvement Program: · Akutan Airport. · Allen Army Airfield in Delta Junction for Fort Greely maintenance and repair. · Anchorage International Airport. Senate Passes k'und~ng k'or ~l'ransportat~on Department }'age 3 ot 3 · Atka Airport for a runway extension for fish cargo. · False Pass Airport. · Barter Island Dew Airport in Kaktovik for terminal renovations. · Ketchikan International Airport for security improvements. · Kodiak Airport for a passenger terminal facility. · Ralph Wien Memorial Airport in Kotzebue for road relocation. · Juneau Airport ~or snow removal equipment. · Palmer Airport for improvements. · James C. Johnson Petersburg Airport for an apron extension. · Pilot Point Airport for airport expansion. · Port Heiden Airport for expansion. · Pribilof Island Airports fOr runway paving. · Southcentral Alaska for a floatplane facility. · Unalaska Airport for runway extension. Transportation Security Agency - Research and Development: · Report language in support of a baggage movement demonstration project at Anchorage International Airport that will also enhance air security. Coast Guard: · $350,00 for AMSEA to continue a cold water safety training program to reduce drowning deaths in Alaska. · $4 million for a Cordova dock for Coast Guard cutter use. Federal Highway Administration: · $2 million for Fort Wainwright alternative access and Chena River crossing to ensure Fairbanks residents have access to hunting and recreational lands without having to enter military bases, which may be closed for security purposes. · $500,000 for improvemems to the Iditarod Historic National Trail. · $3.4 million for Lake Camp Road in Naknek. Senate }'asses k'unct~ng k'or '1 ransportat~on Department }'age 4 ot 3 · $1.4 million for Hoonah Road. · $2 million for Metlakatla/Walden Point Road. At Stevens' request, the National Guard is conducting much of the construction work. The funds will be used to purchase construction materials. · $2 million for Shotgun Cove Road in Whittier. o River Trail. Funds also included in the and Water $500,000 for the Kenai are Energy Appropriations bill for this project. · $300,000 for Fairbanks street lighting, rehabilitation, and bike path. The bike path was a project envisioned by the late Dr. William Wood to enhance the Fairbanks waterfront. · $500,000 for Camp Gorsuch Road upgrades to serve the Elmer Rasmuson Boy Scout Camp. · $4.5 million for Mat-Su road improvements including the Church Road crossing in Wasilla and Little Susitna River access to Fish Creek (Mat-Su). · $600,000 for Girdwood Road culvert improvements. The Anchorage Borough Assembly has indicated that this is a top priority. · $1 million for Japonski Island Road in Sitka. · $750,000 for Southeast Alaska seatrails. · $600,000 for Port of Anchorage road and rail access. ~A~ · $1 million for Jones Stub Road in Soldotna (Nikiski emergency access route). · $800,000 for a Kotzebue dust mitigation study. · $3 million for statewide medical assistance and an EMS alert system. These funds will be used to creme a network of signs alerting travelers of the location of emergency clinics and emergency phones tied into emergency personnel. · $10 million for Alaska and Hawaii ferries; the Alaska Marine Highway System will receive some of these funds. · $1.2 million for Coffman Cove, Wrangell, and Petersburg Inter Island Ferry Authority to complete construction of a new ferry. Coffman Cove will also receive funds for a new ferry terminal (see below). Surface Transportation Program: · $2 million for an Environmental Impact Statement for a Juneau heliport. These funds will be used to determine routes for tourist helicopters to reduce overflights of residential neighborhoods and develop common landing areas that will minimize noise impacts on Juneau residents. Federal Transit Authority' · $250,000 for the Fairbanks intermodal facility to complete security requirements for the downtown ~enate Passes l~'uncl~ng l~'or 'l'ransportat~on Department }'age 5 ot 5 parking garage. · $2 million for Fairbanks rail/bus transfer facilities to complete the new Alaska Railroad depot. · $900,000 for the Wasilla intermodal facility that will help facilitate commuter rail between Anchorage and the Mat-Su Valley. Stevens also included $8 million for track relocation in the Defense Appropriations bill that will help cut commuting time. · $2 million for the Port McKenzie intermodal facility. · $3 million for the Anchorage transfer facility which is part of a new convention center project for Anchorage that will include a public transit component. · $1 million for the Ship Creek pedestrian and intermodal facility. · $1 million for the Port of Anchorage intermodal facility to serve cruise ship passengers. · $2 million for the Anchorage International Airport intermodal facility that will tie the Alaska Railroad to the Anchorage International Airport. · $200,000 for Seward buses and bus facilities. · $2 million for the Coffman Cove inter-island ferry/bus terminal. · $5 million for Port McKenzie to allow for a possible ferry or other alternative transportation from the Port of Anchorage to Port McKenzie. · $500,000 for Kenai Peninsula transit planning. · $200,000 for Mat-Su Community Transit (MASCOT). · $200,000 for the Anchorage People Mover. · $500,000 for the Alaska Mobility Coalition, a statewide transportation service for disabled Alaskans. Office of the Secretary of Transportation: · $500,000 for the Circumpolar Infrastructure Task Force of the Arctic Council. · $500,000 for bypass mail system computer upgrades. The FY02 Supplemental Appropriations bill, that was signed into law last year, included the Stevens bypass mail legislation. These funds will be used to help implement the new law. Government Executive Magazine - 2114/03 Congress passes omnibus spending... Page I of 2 Are You... at least a GS-12 in the federal government or Major in me military? Free E.mai, Newsletters I ^ ou, Us i Co.,.c, U. i ,ndex I Daily Briefing February 14, 2003 Congress passes omnibus spending bill with 4.1 percent pay raise By Tanya N. Ballard tballard@govexec.com Congress passed a $397 billion spending package late Thursday that included a 4.1 percent pay raise for federal civilian employees this year, retroactive to the first pay period of 2003. The omnibus bill also included $500,000 to boost federal telework efforts and support for military-civilian pay parity. In NOvember, Congress granted military service members a 4.1 percent average pay raise for 2003 in the fiscal 2003 Defense Authorization Act. The omnibus legislation encompassed the 11 unfinished 2003 appropriations bills, including the Treasury-Postal appropriations bill, which contains the annual civil service pay raise. The House passed the spending package Thursday night by a vote of 338 to 83. The Senate later approved the legislation on a 76-20 vote. In a statement, President Bush indicated his support for the measure. "I commend the Congress for finishing work on the 2003 appropriations bills," Bush said. "This budget will provide valuable resources for priorities such as homeland security, military operations and education, while adhering to the spending restraint set forth in my budget. I look forward to signing this legislation and to continuing a course of fiscal discipline." Last year the Bush administration proposed a 2'6 p.e_rc__e_nt pa_5_ raise for federal workers in fiscal 2003. House lawmakers and a Senate panel approved a 4.1 percent raise, but Congress adjourned without passing the measure. As the year drew to a close, Bush issued an order granting employees a 3.1 percent increase with no additional pay based on labor costs in the areas where they work. House Advanced E-mail thi.. fdend Pdnter Fd version · Tw, raise 2004 P[gPC . Bu,~ perce seek., p..e. do! fund · La~ off fig milita~ p_a_.r!ty · Bu,, order imp!e Pay..r~ (12/31, · OP senio to 20( .pay htto://www, g ovexec, com/d a ilyfed/O 203/021403t 1. htm 2/14/2003 Government Executive Magazine - 2/14/03 CongreSs passes omnibus spending... Page 2 of 2 A NeW :Wi~kl¥ e-Newsletter Minority Whip Steny Hoyer, D-Md., House Government Reform Chairman Tom Davis, R-va., and a delegation of Washington-area legislators vowed to get a retroactive raise of 4.1 percent included in the fiscal 2003 omnibus appropriations bill. "Our country is at a critical juncture, facing difficult tests at home and abroad. Federal employees will play a key role in how successful we are in confronting these issues," Hoyer said in a statement Thursday. "It is important that we provide federal employees with fair pay adjustments if we are to retain quality employees and attract new ones." Davis and Hoyer also fought to include "sense of Congress" language in the bill advocating military-civilian pay party in future years, too. The legislation also includes $500,000 to expand telework programs in the federal government. The money will pay for creating a training program to teach managers about the benefits of telework. According to Hoyer, the training program will focus on agencies that have less than 2 percent of their employees telecommuting. NeWS "yO,:. Need "Traffic congestion is one of the most intractable problems plaguing communities around the country," said Hoyer. "Telecommuting can help alleviate congestion, while providing workers more time with their families and improving their quality of life. I hope that this funding will help alleviate one of the obstacles to increasing telecommuting among federal employees." [ Home I Pay & Benefits I Management I Homeland Security I Defense I E-Government I Per Diems & Travel I Jobs & Careers I Procurement I: httD ://www. govexec, comldailyfed/O2031021403t1 .htm FEB-11-2003 TUE 02:08 PH KENRI L I0 NO, 907 283 3075 State of Alaska Department of Administration Frank H. Murkowski Governor P,O, Box 110001 Juneau, Alaska 99811-0001 NEWS RELEASE Mike Miller Commissioner 907-465-~200 FAX: 907-465-2135 www. state, alc ua/admin FOR IMMEDIATE RELEASE: February 11,2003 Admin0301 Duane Bannock Selected as New DMV Director (Juneau) - Commissioner Mike Miller today announced the appointment of Duane Bannock of Kenai as his new Director for the Division of Motor Vehicles. 'Duane Bannock has 18 years in the automobile industry in Alaska and will be able to provide ~ ~ruoial se~ioe to the people of the state in DMV services," Miller said. "He has significant experience with this division, with which nearly every Alaskan over the age of 14 comes in contaot." Miller aisc said his department is understanding of the long lines and often slow service Alaskans may have to endure in order to receive services from DMV offices and will work towards improving them. Bannock has more than14 years municipal government experience. Bannock is a Council Member of the Kenai City Council, a member of the Kenai Chamber of Commerce, a Board Member of the Peninsula Oilers' Baseball Club, and an ad hoc member of the City of Kenai Planning and Zoning Commission. Duane is married with two teenage sons. FEB-II-2003 TUE 02: 04 PH KEN~%I klO F~%I~ NO, 807 283.3075 P, 01 · DoA press rclense~ on personnel solcctions Subject: DoA press releases on personnel selections Resent-Date: Tuc, 11 Feb 2003 13:37:31 -0900 l~ent-From: PRT~XT (~ C~V.STATtt.~.US Date: Tu¢, 11 Feb 2003 13:37:13 -0900 From: John Manly <lohn_M~ly~gov.state.ak.us> Orga~flon: Alaska Offi** of tho C~v~'nor To: OO¥ - PRF.~$ RF.I~ASF_.~ 'I'F_XT <PR~T@~V.$TA~.AK.H$>, GOV- PRESS I~!:~.~-~ES WORD DOCKS <PRWORDDOC@C~¥.STAT~.AK FOR IMMEDIATE RELEASE: February 11, 2003 Admin0$02 Management Team Picked for Administration (J%uneau} - Depar=menu of AdminisUration Commissioner Mike Miller today announaed =he appointment of Ray Ma=iashowski, Kevin Jardell, and Elizabeth Snyder as his management =earn in =he Office of the Commissioner. Ray Maciashowsk£ has been apDoin=ed as Deputy Commissioner. 'Matiashows~i comes from Ketchikan where he has spent the l&st seven years owning and running Gateway City Real=y, Inc. The Deputy Commissioner has also worked for Nor=hwa¥ Realty in Ketchikan. He served as Legislative Aide and Chie£ of Staff ko Senator Lloyd Jones from 1987-1~92. Matiashowski has a Bachelor of Arts Degree iN Economics from =he University of Washing=on. is a member of Omicron Delta Epsilon and International Honor Society in Economics, and is married and has children. Kevin Jardell has been appointed Assist&n= Commissioner. Most recently he was sel~-employed with the Law Office of Kevin J&rdell in Juneau where he en~aged in the pr&cticm of law offering representation on legislative and agency issues. Previous employmen= included £our years with ~he Alaska StaUe Legislature where he was counsel to ~he House judiciary Committee, =he House Majority Leader, and to the Legislative Counsel, and one year with the Alaska Court System as a Superior Court Law Clerk. Jarde11 graduated from =he Loyola University Law School in New Orleans where he received a Juris Doctor. He also has a B.S. in Criminal Justice from =he McNeese State University in Louisiana. Jar~e11 is a member of the Alaska Bar Association, a Certified Mediator by =he Americ~ Arbitration Asso=iation, and a Bo&rd Member of the Territorial Sportsman. He's married with ~wo children. Elizabeth Snyder has been appointed as Special Assistant to the Commissioner. She has lived in Juneau for 22 years where she most recently serve~ as Campaign Office Manager for the Alaska Campaign Committee. She previously worked as =he Assistant to the Executive Director of ~he Redistricting Board. She has prior legislative experience as Legislative Aiae to Sen&tot Mike Miller. Elizabeth lives in Juneau. She is married with four grown =hildre~ and ~wo teenage sons, still at home. The DeDarCment of Administration provides various services uo state governmen= includin9 data Drocessin9 and IT suppor=; personnel and labor negotiating services; and retirement and benefits management. It also oversees a variety of programs including Senior Services, Public De£ender A~ency and Office of Public Advocacy services, the Pioneers' Homes, Public Offices Commission, and the Oil and ~as Conservation Commission. ### FOR IMMEDIATE RELEASE: February 11, 200$ Admin03 01 FEB-11-2003 TUE 02: 04 PH KEN~I L I0 DoA press rclc~es on pcrsoanel sc]~aons NO. @07 283 3075 P, 02 Duane Bannock Selected as New DMV Director (Juneau) - Commissioner Mike Miller today announced the appointmen= Duane Bannock oE Kenai as his new Director Eot =he Division oX Motor Vehicles. · Duane Bannock has 18 years in the automobile industry in Alaska and will be able =o provide a crucial service =o the people of the sta=e in DMV services,' Miller said. "He has signi£ican~ experience with =his division, with which nearly every Alaskan over =he a~e of 14 comes in Miller also said his depar=men= is u~%derstandin~ of the long lines and often slow service AlasRans may have to endure in order to receive services from DMV o~ices an~ will work towards improvin~ them. Bannock has more than 14 years municipal government experience. Bannock is a Council Member of the Kenai Ci=y Council, a member of the Kenai Chamber of Commerce, a Board Member of the Peninsula Oilers' Baseball Club, and an ad hoc member of the City of Kenai Planning and Zoning Commission. Duane is married wi=h two teenage sons. -' - I Name: admin0301 - bannock, doc ~ _ ] Type: WINWORD File (application/msword)1 - 1 ....... (Download Status: Not._down!oade.d,,with m.?sagc . l ..... ...............t ........ N~n~: ~in0302" 't~'am'd°¢ " ~a ~dmin0302 ' . ] Type: WINWORD Filc (application/msword) -tcam.aoc] Encoding: base64 ]Download Status: .Not down_!oaded w! th .message .... Februory~ --~ ¥olume !6 ............. ~ssue 2 .. Visit us nt: www.5oldotnaChamber.com Email us at: info~5oldotnaChamber.com T /E//E's NO BUSINEss Peninsula .......... II{E ( //AMBER BUsINESs Mikiski Oa~m~ ." 'i · -, Awa~ls ec~uet ....................... :Fell ~ '; Hospice A.md wi.e =~. Soldotm After the Bell ~Dinner Auction .................. /Soldotna Chcu~ber 44th st. I~t~ck's' ~ ~elebrotion ........................ .JIl~ 1~ .... II ~Alaska Center for Natural Medi=ne !1 ~ · Karlene's Acupuncture !1 !1 ~n~D~ySp~ Ii ~ ~enai Peninsula Visitor Center ~ II ~rin~orks I! I1' So,doth. A.~r th.Bell !1 ~[ Stretching the A~s Dinner Auction J J ~, St. Patrick's. Day Donation. Fo~/,~/~ AWARDS BANQu ET': ~elease join us for a fun evening of great food, Chamber member who has stimulated economic friends, entertainment, and help us recognize our communities outstanding businesses and indi- viduals. The show begins Friday, February 28, 2003 at the $oldotna Elks Lodge #2706. Appetizers and no-host bar start at 6:30p.m. Entertainment will be provided by Debbie Wells from KSRM and Robyn Sullens from Fish Alaska Magazine. (For- merly known as the singing duet "Tandem.") Din- ner, your choice of steak and shdmp or chicken and shrimp, will be served at 7:00p.m. The awards ceremony will begin at 7:30p.m. The following Awards will be presented this year:. Person of the Year-A resident of Alaska for at least ten years. Active in many community affairs and willing to assist in organizational programs. Chamber Business of the Year-A Soldotna development in the greater Soldotna area through business activity. Volunteer(s) of the Year-One who consistently volunteers time and effort in support of the Soldotna Chamber of Commerce and/or other community organizations. Devoted Service to Young People and Youth Ac- tivities-One who constantly volunteers time and is active in any area of youth activities or concern for youth. Pioneer Award-An individual that was instru- mental in the development of our city. In addition, we will also award the chambers local high school scholarships. Tickets are $25 each. Please R.S.v.'P. by Febru- ary 14. To reserve your tickets.or for more informa- tion, call the Soldotna Chamber office at 262-9814. ~ q;' SOLDoTNA CHAMBER OF COMMERCE ;II) ANNUAL ST. PATRICK'S DAY CELEBRATION...1~' Lucky Bucks, Parade, Auction, Dinner and GRAND Fireworks Display. For more information call 262-9814. oard of Directors President Barbara EBon Wells Fargo 262-4435 Past President Lisa Wimmer Wells Fargo 262-4435 President Elect Tim Pope Natron Air 262-8440 Vice President Dena Cunningham McDonalds 262-2221 Secretary/Treasurer Mike Frost 1st National Bank Alaska 260-6023 Dan Mortenson Four D Carpet One 262-9181 Paul Gray Exploring Alaska w/Paul Gray 262-9008 Norm Blakeley Alaska Trading and Loan 262-6100 Sammie Cole Southcentral Title Agency 262-4494 -Theresa Colton ACS Wireless 260-8657 Jim Golden Alaska Sports Den 262-7491 Kurt Olson Individual 260-4822 Jim Stogscliil City Council Seat 262-5622 Staff Executive Director Justine Polzin Visitor Center Coordinator Shanon Hamrick Uember Service Manager Erica Williamson Bookkeeper Nita Fena Soldotna Chamber of Commerce Phone 262-9814 Fax 262.3566 River City Pull Tabs 260-6100 [ Alaska's SOLDoTNA a river ci._ Did you know that every time a visitor calls, emaiis or writes to us with questions about Soidotna we mail them our Guide to Soldotna? Last year we mailed out over 6000 guides as a result of direct inquires to our office, and topped off the year with an additional mailing of 3000 guides to potential visi- tors who contacted the Alaska Tourism Industry Association. We keep the post office hopping! Our inquiry numbers continue to look promising. In November and December alone we had 844 requests for information, up 26% over last year. Relocation packet requests are also on the rise, up 9% in 2002 over 2001. Another important service we provide our members and our visitors is the Chamber web page. This site has listings of our entire membership, and is filled with valuable information for potential visitors. We are re- ceiving an average of 1,269 hits per month. The feedback we get from the site is great, po- tential visitors love it! We keep track of where our inquiries are coming from. These numbers can be a gmat help with your marketing, if you are trying to decide where to spend your ad- vertising dollar this year, stop by the office and ask to see our statistics. We look forward to working with all of you over the next year. As you can see, our numbers are adding up to a great 2003 for Soldotna! NATIONAL MAGAZINE RECOGNIZES SOLDOTNA AS #1 We all know Soldotna is a wonderful place to visit, but it's nice to have that fact recognized by a national magazine. In its "Travelers Choice Awards" edition, HT, a magazine for Healthcare Travel Profes- sionals, named our fair city "Best Fishing". The article states: "The Kenai River has spawned more world records than any river on earth, and is the preferred spot for a fresh catch. Eighty miles in length, it's glacially fed and originates in South Central Alaska's Kcnai Mountains. Between May and July, troll for King salmon worthy of a trophy or reel in fighting Sil- ver salmon from July through September. Rain- bow and Dolly Varden trout can also be caught, and the river's neighboring areas are home to bald eagles, bear, moose, caribou and wolves." PENINSULA WINTER GAMES The 26th Annual Penin- sula Winter Games w~ take place the weekend of February [st and 2nd. F~milies, come out and enjoy the many activities taking place right in your own back yard. There will be an ice sculpting com- petition, ~ col°~ed ice cube scavenger hunt, ~ kids carnival, dog weight' pull, figure sk~__ .lng dem. onstretion, hockey: tom,: nament, bowling, table tennis tournament, MO- NOPOLY tournament, community teen-dance, sleigh rides, free'lunch for children, ~ barbecue dinner, and much more! The g~mes headquarters will be at the' 5oldotna Sport Center::"l~o'k for ~ schedule of events in tk newspaper. FOr more in. formation call'the Penin- sula Winter i~ames at - ' Here are our New Members for January ?e LaL w eLco e to New M b rs[ Beaver Creek Cabins & Guide Service Keith Holtan PO Box 741, Keflai (907) 283-3300 Fishing Charters w/Accommodations Funny River Chamber of Commerce Ray Price 35850 Pioneer Rd., Soldotna (907) 262-6161 Chambers of Commerce Kenai Peninsula Racing Lions President PO Box 2755, Soldotna (907) 260-3305 Non-Profit Organizations King Salmondeaux Lodge Matt Dimmick 33126 Johnson Dr., Soldotna (907) 260-3474 Fishing Charters w/Accommodations MOrgan's Landing Cabins Unda Brazier PO Box 422, Sterling (907) 282-8343 Accommodations - Cabins Ted Forsi, Consulting Engineer Ted Forsi PO Box 2470, Soldotna (907) 262-3116 Engineering Services Danielle Alton, Junior, SkTview High School Crystal Carlson, Senior, Soldotna High School Kala Fowler, Sophmore, Soldotna High School Kendra Plerkes 8th Grade, $oldotna Pliddle School The Soldotna Chamber of Commerce presented our Janu- ary'Students of the Month with an excellence certificate and lunch at the January 28 Chamber luncheon. We would like to thank Bob Sizemore for sP°nsodng the Soldotna Chamber of Commerce Student of the Month Program Alaska's Kenai Peninsula Resource Network has recog- nized the Soldotna Chamber's website as one of the best in Alaskan web sites. They say, and I quote, "It's not too often you can find a site that is so functional you bookmark it to go back to retdeve more infor- mation. The Soidotna Chamber pages are a real database of area businesses you can use!" I.t,4t/ YOU www. soldotnachamber.¢om ~EWI Check out'our Monthly Calendar-Now Onlinel Calling All MONOPOLY Fans! The Penimula Winter Ga~ is hosting Alasba's only offidal MO- NOPOLV Gome Toumm'nent on Friday, Jonuory 31~ 2003 at the Soldotna Sport Center. Vou must be :21 yeors or older to porl:icipote. The first round will begin ot: 5:00 pm. The Grond Prize is $5OO cosh. Admission for the adults is (3 $20 donotion plus two canned items. Participants must be at the Sports Center no later than 4.~0 pm for registration, in addition, them will be a hia"s tournament occurring simultaneously. Call Peninsula Winter Games for more information, 260,1966. The Kenai Peninsula Racing Lions are holding their 2nd Annual Peninsula Winter Games Sno-Cross. Race day is February 1. This will be the first state race at Twin City Raceway. Sign-up is at 9:00 a.m., races start at 11:00 a.m. ~Enjoy hot food and coffee while you watch the races. Them ~ a $5 gate fee, but children 10 and under are free. For class and entry fee infor- mation go to: www.kprt.org or contact Katie at 260-6552 or Wendy at 260- 3305. See you at the races! .3- We have a bunch of holes on our brochure rack where rack cards should be. Don't forget that residents come in the center all winter long gath- ering information for visiting relatives. Please stop by or give Shanon a call at 262-9814 to see if you need a refill. Please Don't Miss. Ibis please take a few minutes to fill out the form and put together a photo page. Two or three quality photos (please write the name of your business on 'the back), and a map and driving direc- tions from the visitor center :Important oppo...,, The Soldotna Vhitor CerT- ter accommodations form is in the mail! These forms, along with an 8%xl I photo page, are what we use to put together our accommodation books in the visitor center. We have three different books, one for accommoda- tions in Soldotna, one for accommodations outside Soldotna, and one for RV parks and campgrounds. To further simplify things for our visitors, the books are also broken down into cat- egories, such as bed and breakfasts, cabins, apart- ments, etc. These books are a great way to market YOUR business to our walk-in visi- tors who don't already have reservations somewhere. If work great. you had a page in one of the books last year, we will use the same one this year un- less we hear otherwise from you. Ifyou haven't taken ad- vantage of this service yet, Please have your infor- mation and materials in to the office by February 28, 2003. If you have any ques- tions, give Shanon a call at 262-9814. Kenai Peninsula Green Star If you are currently enrolled in the Green Star program and have questions, or if you would like to become a Green Star member, please leave us a message and-a Green Star representative will return your call P.O. Box 2431 Kenai, AK 99611 262-4849 5oldotna Chamber of Comme~ce 44790 5telling Hwy. $oldotna, AK 99669 . . . · . .. City of Ke-n-a~' Mayor John Williams 210 Fidalgo Ave. Kenai, AK 99611 AS "To provide enhanced success of our membership and ser~e as a driver in developing 5oldotna's future." - _. The $oldotno Chambe~ Connection is a~ ~ c' ~~~i`~.~:.~`~.~.~i!~`.~REA~¢~.~`~N~.i~AUD~¢~.~:.~~~!`~ monthly publication of the 5oldotna Chain- .~.~?~~.~?.,,..~..:~.~ .......... .~..~.~:~.,. .......... '~ ........... ~.,,~.~,~,~.~. be. of Comme.ce. ~is publication is sent to members and..associated organizations. Call Ust 262-9814 , ~ .... "'~?:"=~::' ......... ....................... Soldom~ AK 99669 ~ !.?..'~ ~' mt~' ~.'..for onc~'mm~~: .adv:~~t for: iConnection; Ail & mint' be ~ieved no lat~ ~ ~e 15~ of'~e' mon~ ~~, F~ UM 262-3566 ~~ ! .~g..p~c~o~...Smd..yo~:.~o&. to:- mc ~~ offi~ or c~1...~at:~2,9814 for .... ~,-;,...: .... · ~:...-.'[,::~:v;:~?~.....,: . ... · .. - . t:-.:,.,~:..:.... ....... :. ,., · ., ~ ' .. Email ~ml I ..... I ' ' "" ' . O' C 0 .< KENAI RIVER 'i ' ~S~ial Management Area "Working together...for the river" *** Meeting Agenda*** Thursday, February 20, 2003 7:00 p.m. Kenai River Center Ie CALL TO ORDER RECE] II. A. Roll Call B. Approval of !/16/03 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS IV. A. Riverquest RV Park Subdivision OLD BUSINESS Ve A. Update on Kenai River Sportfishing Guide Moratorium for 2003, Chris Degemes B. ADOT Milepost 45 Update & Soldotna Bridge Update, Miriam Tanaka C. Water Quality Committee Report, Charles Quarre D. Commercial Operator Committee Report ' E. Kenai River Center Update, Suzanne Fisler PUBLIC COMMENT Vie ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting 3'00 pm Commercial Operator Committee Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Pa~$ and OutOoor Recreation, Department of Natural Resources, in COOl3eration with the Kenai Peninsula Borough. Ie Ao Be Ce II. III. ho KENAI RIVER.SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, January 16, 2003 7:00 p.m. Kenai River Center CALL TO ORDER Roll Call Present: Pete Sprague, Rick Wood, Robin West, Bill Shuster, Glenda Landua, Chris Degemes, Jonne Slemons, Joe Connors, Ted Wellman, Paul Shadura, David Westerman, Jim Golden, Charles Quarre, Roland Maw, Ken Lancaster. Absent' Linda Snow, Ben Ellis Approval of 12/19/02 minutes Approved as written Agenda Changes and Approval None PUBLIC COMMENT Walt Arthur brought up three topics to discuss. The Riverquest RV Resort owner is' talking about subdividing his property. The second topic is the bridge in Castaway Cove that is in need of repair and currently can't safely meet the ori~nal intent of the bridge. A flood took one piling out and this needs to be repaired. If the bridge falls, it will fall in the fiver on Parks property and the subdivision property. Third, is the Ciechanski Road extension. We thought,this was going to be paved years ago. Today Walt was told this was not a State or Borough responsibility and was a State Park responsibility because a portion of the road traverses park property and no easement exists for this section. Our goal is to have the road maintained and transfer the maintenance to the borough or state. Ted asked if the State and Borough said that P~ks is responsible for it? Walt said that is what he has been led to believe. Chris said She has never heard this has been an issue but will be glad to work it out. The road does cross park property but there wOuld be no objection to granting a road easement for this section. NEW BUSINESS Board Elections of Officers Nomination for President' Charles Quarre nominated Ken Lancaster as President, seconded by Jim Golden. Bo Nomination for Vice President: Charles Quarre nominated Ben Ellis. Paul Shadura nominated Pete Sprague, who declined the position. No objections were heard for either nomination. Nominations stand with unanimous consent. 2002 Recreation Use Monitoring Project, Dr. Greg Brown, Alaska Pacific University Chris reported that this monitoring project was to document the dynamics of use on the Kenai River and survey users at exit points, asking boaters about their experience and their attitude toward various management alternatives. Another goal was to document the difference in behavior and use between user groups and compare data from the 1992 study to the 2002 survey. The 2002 project was focused on a limited section of fiver for a limited part of the summer, as no capital funding was available. Parks used volunteers and the generous time given by Dr. Brown. Exit surveys, GPS tracking and video recording were done on the lower Kenai River. in June and July. Dr. Brown then did a comparison between 1992 and 2002. He reminded the Board to keep in mind that the 2002 effort was a monitoring study and thus was not as comprehensive as the 1992 study. Only 155 exit interviews were done in 2002 compared to 550-600 interviews in 1992. In 2002 the respondents reported a ~eater sense of crowding than reported for the same time and area in the 1992 study. There was also a reported rise in the use level and more reported boat interference in 2002. Dr. Brown said there was less tolerance for the interference by other boaters in 2002. There was no difference in angler experienced problems, acceptable angler problems or finding an uncrowded spot between the 1992 and 2002 studies. The last section of the questionnaire presented 6 or 7 potential management or policy options for managing the lower fiver. Virtually none of the options were supported to any degree by the respondents that were interviewed, with the exception of one policy option that asked respondents how they felt about limiting guide use or the number of fishing guides. The written comments that were recorded also included a significant number of recommendations related to guide limits. 21 of the surveys were done on Mondays, a non-guided drift only day. Respondents reported lower use levels and leSs crowded conditions on those days, as one would expect, but surprisingly, the users reported a less satisfied experience. Board members requested further analysis on the Sunday surveys to see if there were differences between Sundays (non guide day) and other days where guiding was permitted. Kenai River Special Management Area Advisory Board Minutes - January 16, 2003 Page 2 of 8 IV. Dr. Brown had encouraged the GPS Tracking pilot project to see if boat dynamics could be better understood. There were about 26 trips logged over the summer. The GPS units took a 3 second sampling interval, so the data collected not only showed the boat's location on the fiver but also could indicate boat speed if it was moving. The maps plotted out clearly some of the most heavily areas that were used at certain times of the day. Due to the limited number of trips logged, it is not possible to draw any conclusions from this part of the project except to note that the technology does work well on the Kenai River and may be a useful project to include in furore monitoring projects. A better method of recruiting volunteers will be needed to collect more data. Video monitoring was also taken on 7 different days. Most of the video footage was taken at Beaver Creek on high use days. This is useful to see the percentage of guide boats vs. private boats. There were no obvious visible conflicts between boaters seen on the videos. Again, remember this was a monitoring project. The results are suggestive of small differences over the 10 year period. The study does indicate an increase in perceived crowding and use levels, but some of this might be explained by the fact that the fishery was compressed into the lower fiver until mid July due to fishery closures upriver. It is also interesting to note that the monitoring project does not indicate that crowding perceptions and impacts have improved over the past decade either. The task for the board is to decide what the future holds for this type of monitoring effort. We need to consider if we want to repeat the work in the lower fiver for 2003, continuing the GPS tracking program and trying to encourage more participation. The board also needs to discuss what other questions should be addressed. The value of regular monitoring is that while it may not show huge changes from year to year, it is a better indication of change that is occurring over time so that management might better address the available options. Board discussion followed. Dr. Brown was asked to compare attitudes from June to those of July, and to compare early July to later in July. It was also pointed out that it would be good to collect more surveys in the future, including more from guided anglers. Ted W. said we should not take this beyond the scope of what it is. We previously had funding to conduct this effort on a l~ger scale, but the legislature reappropfiated the funding elsewhere. He never thought this would be the end all and this is just part of the next phase of further studies. Dr. Brown said a low level monitoring program should be continued for furore years. Chris suggested having a committee develop some recommendations for the board to consider on the future of the program. OLD BUSINESS Kenai River Special Management Area Advisory Board Minutes - January 16, 2003 Page 3 of 8 Ae Be Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Update, Chris Degernes Chris reviewed a Commissioner Decision that Acting DNR Commissioner signed earlier in the day. The new decision amends the Director's Order signed in November, 2002 by allowing guide numbers to be capped at the 2002 level (which was 348), but not necessarily restricted to just those guides who had 2002 permits. Any 2002 fishing guide who wishes to renew a permit for 2003 may do so, as long as they notify Parks by April 30. If a guide decides not to renew their permit, or if they fail to notify Parks by April 30, those permits will be available on a first-come, first-served basis. Chris explained that Marty understood that this was not consistent with the board's intent, but that it might help reduce the chances of the moratorium being cancelled before we even get a chance to start_our public process. - Questions and concerns from the board included the fact that most are diSappointed in the changes made to the moratorium, that there doesn't seem to be any possibility for a mentoring pro.am now that new guides have an opportunity to get a permit and that this decision sets up the ability for guides to turn their permits into a commodity. Chris said it had been hoped that attrition would reduce the number in the next two years, but at least under the current decision guide numbers can't really get worse than what existed in 2002. That will allow the public process to proceed without a huge increase in guide numbers. Without a moratorium and with continued talk of limiting guides we would certainly see an increase in the number of new guides. She urged the Board to focus their energy and attention on getting the public process started. Ken L. asked if the board was going to receive the financial support requested to support the public process? Chris said there has been no response on the board letter sent in December, and the board needs to stay focused on that issue. Joe C. questioned whether the board constitutes a body to appeal this decision. Robin W. said we should be patient in the next month or two to see if there is opportunity to xvork through the process and develop a method to lower the number of guides. Jim Frechione, ADEC Contaminated Sites Division, Update on Kenai River Sites Jim provided a briefing to the Board on activities at several contaminated sites near the River. The River Tenace owner has given them a plan to break down the stock piles of treated dirt during the summer of 2003. If the owner does not go through with this, EPA will step in and finish the breakdown of the piles. Ken asked if the'a~eement between the State, DEC and the City of Soldotna for the Kenai River Special Management Area Advisory Board Minutes - January 16, 2003 Page 4 of 8 bridge project is still valid. Jim said yes, the bridge project is still on for 2004. He has not heard anything different. There has been a successful breakdown in the PCE form of the solvent. This past fall, DEC's contractor tried a pilot project that introduced bacteria to one well to attempt to break down the compounds further. The preliminary, data found that it is breaking down the contaminants, and this will be evaluated further to see if it makes sense to introduce the bacteria over the whole site. River water and sediment sampling in May 2002 showed nothing exceeding the state standard cleanup levels for the fiver. The DOT maintenance station site has undergone major cleanup. The current proposal is to transfer the property to the City of Soldotna in February or March. There are still Iow levels of petroleum hydrocarbons in the ground water and the chloride levels from the salt storage areas on site are still elevated. DEC is continuing to monitor it and there is no active cleanup goin..g os_ now. The last sample indicated that chloride levels exceeded the standards for surface water. The trend is decreasing on this site but the levels in the monitoring wells still exceed drinking water standards. The Cook's Tesoro site still exceeds drinking water standards on site and across the highway. Last month the State met with the adjacent landowner across the highway who agreed to allow two monitoring wells to be installed on'his property. The infonrtation that came back showed that there was no detection of petroleum in the groundwater. Two drinking water wells along the fiver that had not been sampled before were checked and there were no detections in the ~ound water. The Sterling Zipmart is in an active recovery mode now. Only one of the neighbors' drinking water well has shown signs of contamination, and in this case a filter system was installed to filter out the contamination. DEC put in 14 recovery wells adjacent to Zipmart and recovered about 13,000 gallons of product to date. The total product thought released has been scaled back to 40 or 50,000 gallons. Three new recovery wells were installed last month and they are currently being plumbed together to get the recovery system to work thru the winter. In the spring, DEC will reassess their plans for the next phase. Joe C. asked ifD~:C.~ .,,,~,t,,,,~ detected any movement of the product towards ,t,,,,,,,, Baptist church. Jitn F. said there has been a slight increase directly across the street, but hope that is just a result of the higher ground water levels over a period of time this fall. Jim F' In Cooper Landing, Hamilton's ground water contamination is in the "dissolve phase," which indicates that this contamination has been there for awhile. It does exceed drinking water standards and fight now DEC is mapping out the plumes. There are Wells installed between the gas station and the fiver. Bill S. asked if DEC has looked into the old DOT site at Moose Pass and the diesel tank Kenai River Special Management Area Advisory Board Minutes - January 16, 2003 Page 5 of 8 that stained the ground that was within 20 yards of the lake. Jim said it would have been ranked higher if it had been a risk to the lake. He said he will look into that one. Ce Water Quality. Committee Report, Charles Quarre A draft hydrocarbon strategy proposed by DEC was provided to the Board in the mail out packet. Charles said the committee would like the board to encourage DEC to adopt this strategy. Jonne S. said DEC would follow up on the sampling strategy to find out where the sources of this contamination are coming from and this is a way to get good scientifically credible data. This will take a couple years to get through and DEC is prepared to start this year with the Board's endorsement. Charles asked the board for a letter of support to encourage DEC to proceed. Charles' motion was seconded by Joe C. No objections were heard. De Commercial Operators Committee Report, Joe Connors Joe encouraged the Chair to get clarification from someone in the Commissioner's Office on exactly what the Commissioner's Decision means for 2003 and 2004. He also asked the board to think about a long term plan on how we approach these issues for 2005. me Kenai River Center Update, Suzanne Fisler Suzanne said the Riverquest owner originally wanted to create a co-op, which would require a buy-in by each lease holder to retain their lot. Not much interest was expressed for the co-op idea so he has been considering a subdivision instead. Current Borough subdivision ordinances allow for a minimum lot size of 6000 square feet if there is public water and septic on si-te, which there is. This would be an improvement over what is already there if Riverquest does proceed with a subdivision. The Kenai River Center is in the final bidding for their bank restoration project. The construction will not start until fall. There will be a trail starting from the side of the parking lot down to an ADA wal.kway on the fiver. Kenai River Special Management Area Advisory Board Minutes - January 16, 2003 Page 6 of 8 Western Geophysical has a project under permit review to do geophysical testing primarily on the lower fiver from Beaver Creek to Slikok Creek on the eastern side. They will be placing radio boxes on the ground to do the testing. River units involved will be Eagle Rock, Honeymoon Cove, Ciechanski and Slikok Creek area. No shot holes will be drilled on park lands or detonated near the fiver. The Sterling Highway MP 45-60 DOT stakeholder meeting has been postponed to Feb 26th 2003 V. PUBLIC COMMENT None VI. ADJOURNMENT A. Board Comments Dave: Ted has done a commendable job on the board and thanked him. Bill: Ben Ellis said he would draft a letter to Senator Murkowski & Senator Stevens at the last meeting and ~vas wondering, if there was any response. Ted said he has not heard a response. Glenda: Thanked Ted for his leadership. Jim: Wanted to make sure we continue to pursue the report by Dr. Brown and make sure it is funded correctly. He also is disappointed with the guide moratorium. Jim also thanked Ted for all he has done. Joe: Thanked Ted also! He is disappointed with the changes to the guide moratorium and would like the board to stay on top of it. Chris: She will get out a written summary of the recreation monitoring project. C.hris also thanked Ted for his outstanding leadership and for being so responsive to staff requests. Ted: Said it is easy to abandon hope with the moratorium, but we should keep on track. Jonne: She is interested in following up on the recreation use-monitoring project. Rick: Thanked Dr. Brown for his time. He said we got a lot of information for the little money spent on the project and wants the board to consider putting more fi~ncls into the project. They did a geat job with what they had. Rick also thanked jim Frechione for Kenai Ri~)er Special Management Area Advisory Board Minutes - January 16, 2003 Page 7 of 8 coming down and providing an update on the spills. He said he was disappointed in the response from the Commissioner on the moratorium. Ken: Thanked Ted. Good job. Roland: Thanked Ted. Robin: The 9th Circuit Court of Appeals ruled on the TuStumena Enhancement Project three days ago and upheld the agency's ability to permit the project. Charles: Commended Ted for his work on the board. Thank you. B. Date/Agenda of Next Meeting February .20, 2003 Kenai River Special Management Area Advisory Board Minutes - January 16, 2003 Page 8 of 8 MAKE 2:3 PACKETS COUNCIL PACKET DISTRIBU~-ION COUNCIL MEE~NG DATE: Mayor/Council Attorney Clerk / City Mene~ler Police Deportment ~ Finance Senior Cente~ ~ Airport Library / Porks & Recreation Fire Deportment ~ Blaine Gilman AGENDA DISTRIBU3-ION Sewer Treatment Plant Streets Shop bock Buildin~l M~inten~nce Animal Control Water/Sewer Counter DELIVER Council Packets to Police Deportment Dispatch desk. The Clarion & Gilman's Office will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be foxed os soon os possible after Noon on pocket day. The camera-ready agenda (c:/myfiles/documents/minutes/ogendo form for paper) is emoiled to the Peninsula C/ar/on (at emoil Contacts) and o copy is foxed to Denise at the d/ar/on also. Home Page documents (agenda, resolutions and ordinances for public hearing)ore placed in the Clerk's HTML file or emoiled to the Clerk. Place them onto the city's website with Front Page from there os soon os possible. AGENDA KENAI CITY COUNCIL- REGULAR MEETING FEBRUARY 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http ://www. ci. kenai.ak, us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) PROCLAMATION: KCHS HOCKEY TEAM -- 111/4A NORTH STAR CONFERENCE CHAMPIONS 1. Presentation by Skyview High School National Ocean Sciences Bowl Team -- Stevie Kay-Phyfer, Jaime Miller, Rachael Beatty, Allison Simpson and Matt Smith ITEM D: PUBLIC HEARINGS 1. Ordinance No. 1991-2003 --Increasing Estimated Revenues and Appropriations by $779.25 in the General Fund for Drug Asset Forfeitures. 2. Ordinance No. 1992-2003 -- Increasing Estimated Revenues and Appropriations by $24,876.90 in the General Fund for an Alaska Highway Safety Grant to Purchase Video Cameras. 3. Resolution No. 2003-07-- Supporting Efforts to Secure a VISTA Volunteer to Develop a Strategic Economic Development Plan. 4. Resolution No. 2003-08 -- Supporting HB57, "An Act Amending the Manner of Determining the Royalty Received by the State on Gas Production As It Relates to the Manufacture of Certain Value Added Products." 5. Resolution No. 2003-09 -- Requesting FY 04 Safe Communities Funding From the Department of Community and Economic Development. 6. Resolution No. 2003-10 -- Amending the City of Kenai, Alaska 2003-2004 Capital Improvement Project (ClP) Priority List for Request of State Grants. 7. *Liquor License Renewals Peninsula Moose Lodge #1942 -- Club Oaken Keg #1808 -- Package Store 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. 1993-2003 --Increasing Estimated Revenues and Appropriations by $1,782 in the General Fund Library Department for a State Grant. 4. *Ordinance No. '1994-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Parks and Recreation in the RR, RR1, RS, RS1, RS2, RU Zones From a Secondary Use to a Conditional Use and, in the IL and IH Zones, From a Secondary Use to a Principal Permitted Use. EXECUTIVE SESSION -- None Scheduled ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at ,http://www.ci.kenai.ak.us Carol L. Freas, City Clerk D855/211