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HomeMy WebLinkAbout2003-03-05 Council PacketKenai City Council Meeting Packet March 5, 2003 . Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: MINUT~ . *Regular Meeting of February 19, 2003. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINF~S , Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 , *Ordinance No. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt-Out Provision of the Public Employees Retirement System (PERS) as Stated in AS 39.35.150(b} and/or Opt Out of Municipal Medical and Hospital Insurance. e Discussion -- Schedule Volunteer Appreciation Event ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT MAYOR'S REPORT MARCH 5, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD TO: D-3, Resolution No. 2003-11 regarding McCollum/Aliak Drives proposed LID: · 3 / 3 / 03 Deborah A. Rapp letter objecting to the paving. · 3 / 5 / 2003 Phil Nash/Kenai Lions Club "conditional objection." CITY CLERK CONSENT AGENDA No changes. , MAYOR'S REPORT The joint work session with the Airport Commission and representatives from the Tra_nsportation Security Administration (TSA) (scheduled for April 9 at 6:00 p.m.) has been changed to April 2~. The change is due to a change in the TSA representatives' travel schedule. z 0 ~~g~o Suggested by: Administration City of Kenai 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 KENAI, ALASKA, AMENDING THE LAND USE TABLE IN KMC 14.22.010 TO CHANGE PARKS AND RECREATION IN THE RR, RR1, RS, RS l, 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 w/th 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. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: February 19, 2003 March 5, 2003 April 5, 2003 KEY: LAND USE TABLE NOTE: Reference foomotes P=Principat Permitted Use on following pages for C=Conditional 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 Cm C N N C P P ' C C ' N P C Commercial Recreation , .......... ' ...................... t 1 i t t i i · 1 i t ? · i i .............. ti i i i i i i i t t i t i i t ~ ............ LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH Related Uses Automot/ve Repair/ N C Cm Cm N N C P P P P N N N Tire Recapping/ Rebuilding Gas Manufacture/ N N Cm C~9 N N N N N C9 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 Cl~ C N N C C p~ P P N C N :':':':':':':'?:UBLiCt.:':':':':':' ':':':':':':':':':' ':':':':':':' ':':' ':':':':'":'"'"' '"'"'"'"'"'-' '-'-'"'"'"".'.' '.'.'-'.'.'.'.'.'-' '.'.'.'.'.'-'.'.'.' '-'-'.'.'.'.' '.'.'.'.'.'-' '-'.'.'-'.'.'i '.'.'.'.'.'.'..'-'.'.'.'-'..'.'-'.'.'.'!'-'-'".'.'-" LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH Churches C pm p~O pm pm pm plO p~O plO C C P pm P Clinics C C C C C C C P P P C P C C CoUeges 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 Cia 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 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 REC~ATION 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 RR1, RS, RSl, R$2, 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. Suggested by: Cou~- CITY OF K~NAI RESOLUTION NO. 2003-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF KEN~, ALASKA, DIP~CTING THE CONTINUATION OF THE PROJECT ENTITLED "MC COLLUM/ALIAK PAVING L.I.D.' AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. WHEREAS, the Council directs the City Administration to continue with this project; and, WHEREAS, the City received a petition requesting this Local Improvement District (LID) signed by owners of fifty percent (50%) or more of the properties which will benefit from the proposed improvements; and, WHEREAS, the following is a list of major improvements that are scheduled to be completed under this project: . 2. 3. 4. 5. Excavation, backf~, and grading Drainage Asphalt paving Topsoil and seeding Signage and traffic control; and, WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and, WHEREAS, the local improvement district costs will be allocated on a square footage basis extending one lot deep adjacent to improvements in the subdivided areas and up to 150 feet of depth in unsubdivided residential areas; and, WHEREAS, this project is contingent on receipt of grant funds and appropriation of those funds into this project; and, WHEREAS, an account will be kept of all costs of the improvements and that after all costs are known, the City Manager shall prepare an assessment roll for the improvements; and, WHEREAS, all of the above improvements will be completed on this project in this area but only 25 percent (25%) of the total completed improvement costs will be assessed to the benefited property owners; and, WHEREAS, this resolution and the pre-bid preliminary assessment roll will be mailed to each property owner adjacent to the streets designated for improvements; and, Resolution No. 2003-11 March 5, 2003 Page 2 of 2 WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula Borough on this date, March 5, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI~ ALASKA, that the City will continue with the project entitled "McCollum/Aliak Paving L.I.D." and the improvements listed above. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of March, 2003. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Approved by Finance' PRE-BID PREEMINARY AssESSMENT ROLL (SQUARE F_0OT BASED) I i , 25% Assessment ' ............ , , *****"Based on property owners paying proportionally based on 8cluam footage**''*`'"',* Below Costs and square footage8 are estimates, final cost will be based on the actual cost & SF of the project. " .. ' . . Prope .rfle~ t° b® a"~~ed: See Property Ownem spread Sheet ' . I III I I I I ID KPB 25% KPB 100% o~ ED 25% of/.~D # OWNER ACRE Square Feet % of Total Ass. $' AsS. $ ' ' Est. $ EsL$ 1IVlCG011.LJM 1.11 48,352 0.052857 138,500' '34,625 17,707 4,,~27 2sTU^ T ' 0.go 39,2o4 o.042es? 93,60o 3,400' " 4,357 ' 3,689 ....... 3 ESPY 1.13 49,223 0.053810 84,200 21,050 18,026 4,507 4 RHODES' 1.88 81,893 0.089524 89,000 22,250 29,990 7,498 "5 QUADE 0.63 27..,443 i ' 0.030000 103,300 25,825 10,050 2,513 6 KPB 2.79 121,532 0.132857 84,000 21,000 44,507 11,127 7 KPB .... 0.52 ' 22,651 0.024762: 35,000 8,750 8,295 2,074 8 HOLMES 0.31 13,5041 0.014762i 110,500 27,625 4,945 1,236 9 WRIGHT 0.31 13,504 0.014762 95,000 23,750 4,945 1,236 ,, , 10 SCHMIDT 0.31 13,504 0.014762 11~200 2,800 4,945 1,236 11 FERRELL 0.31 13,504 0.014762 65,800 16,450 4,945 1,236 12.WHITESIDE .' 0.29 12,632 0.013810 66,300 . 16,575' ." 4,626 1,157 13 QUADE 0.29, 12,632 0.0~ 38'10 ~ 1,200 2,800 4,626 1,157 '4~WILCOX ' ' 0.42: 18,295 0.020000 112,400 28,100 6,700 1,675 ~i~GRACE BRETHREN 3.51 '152,896 0.167143 114,100 28,525 55,993 13,998 ..... 16iRAPP 0.42 18,295 0.020000 10,100 2,525 6,700 1,675 171'MARQUIS 0.29 12,632 0.013810 89,000 ' 22,250' 4,626 1,157 , , , 18 HUGHES 0.28 12,197 0.013333 62,700 15,675 4,467 1,117 19 FOSS . 1.24 54,014 0.059048 78,100 19,525 19,781 4,945 20 KENAI LIONS CLUB 0.11 4,792 0.005238 700 175 1,755 439 21 SZABO " 1.00 43,560 0.047619 68,700 ' 17,175 15,952 3,988 22 BUZZELL ' ' 1.50 ' 65,340 0.071429 197,600 49,400 23,929 5,982 23 LORENZO " 0.88 38,333 0.041905 73,000 18,250 14,038 3,510 24 WILBERT 0.28 12,1971 0.013333~ 16,300 4,075 4,467 "1',117 25 KISSEE 0.29 12,632 0.013810' 92,900 23,225 4,626 1,157 ' I TOTAL 21.00 914,760 1.000000 335,000 83,750 , Administration 3,000 . Muni Match Grant (70%) ' ' 234,500 Right of Way Issues 20,000 General Fund ( 5%) 16,750 Engineering 46,000 Property Owners (25%) ' ' ' 83,'750 Construction 266,000 ' TOTAL " 335,000 T0¥AL " 335,0d0, , I iii i , , , ,, ,, , , , , , , , , i , 11 , , Prepared by Keith Komelis 02.~5/2003 MEMORANDUM 'CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283.3014 ~ TO: Linda L. Snow, City Manager FROM' Keith Kornelis, Public Works Manager February 25, 2003 McCollum & Aliak LID DATE' SUBJECT: Resolution No. 2003-11 directing the continuation of the McCollum and Aliak LID will come beforo the City Council on March 5, 2003.' Please note that the fifth (5u~) WVHEREAS" states the LID is based on square footage. The "Pre-Bid Preliminary Assessment Roll (Squaro Foot Based)" is attached. If the City Council decides to base this LID on Linear Footage, the fifth (5u~) '~/HEREAS" in the resolution should be amended to: "WHEREAS, the local improvement district costs will be allocated on linear footage adjacent to the improvements; and," and the attached "Pre-Bid Preliminary Assessment Roll (Linear Feet Based)" should be substituted. The City Clerk has notified the property owners that this resolution will be discussed by the City Council on March 5. She has notified the property owners that the method of allocation (square feet/linear feet) will also be discussed. Both assessment rolls were sent to the property owners. KK/jet 'PRE-BID PRELIMINARY ASSESSMENT ROLL ( INEAR FEET.BASED) ' 25 % Assessment , *~~Ba~ed on'~.mperty owners paying proportionally 'based on linear footages***'*** Below costs and linear footages are estimates - final cost will be based on the actual cost & LF of the project. Pmperti .eS to be assessed: See Property Owners. spread Sheet .... ID .... KPB ' 25% KPB' 100% of U'D 25% of L/D # OWNER ACRE Linear Feet % of Total Ass. $ Ass. $ Est. $ Est.$ I I 1: MCCOLLUM 1.11 101.27 0.022610 138,500 34,625 7,574 1,894 2STUART 0.90 132.07 0.029487 93,600 .,, 23,400 .....9,878 "' 2,470 :3 ESPY 1.13 1~35:00 0.0:36839 84,200 21,050 12,341 3,085 4 RHODES 1.88 165.00 0.036839 89,000 22,250 12,341 3,085 5 OUADE ' ' 0.63 165.00 0.036839 103,:300 ' 25,825 12,341 .... 3,085 "6 KPB ' 2.79 690.00 ' 0.154053 84,000 21,000 51,608 12,902 , 7 KPB 0.52 30.00 0.006698 :35,000 8,750 2,244 561 8 HOLMES 0.31 99.99 0.022324 110,500 27,625 7,479 1,870 , 9 WRIGHT 0.31 99.99 0.022324 95,000 23,750 7,479 1,870 10 SCHMIDT 0.31 99.99 ' 0:022324 11,200 2,800 7,479 1,870 , , , 11 FERRELL 0.31 93.34 0.020840 65,800 16,450 6,981 1,745 12 WHITESIDE 0.29 93.34 0.020840 66,:300 16,575 6,981 1,745 1:3ouADE ' 0.29 208.78 0.046613 11,200 2,800 ' 15,615 3,904 14 WILCOX 0.42 271.81 0.060686 112,400 28,100 20,330 5,082 .... ~,~ARACE BRETHREN 3.51 592.89 0.1:32372 114,100 28,525 44,345 11,086 PP 0.42 140.2:3 0.031308 10,100 2,525 10,488 ~ -17 MARQUIS ' 0.:~9 ' 138.45 0.030911 89,000 22,250 10,355 2,589 18 HUGHES ' 0.28 129.00 0.028801 62,700 15,675 9,648 2,412 , 19 FOSS 1.24 165.00 0.036839 78,100 19,525 12,341 3,085 20' KENAI LIONS CLUB 0.11 165.00 0.036839 700 175 12,341 3,085 21 SZABO '1.00 132.00 0.029471 68,700 17,175 9,873 2,468 22 BUZZELL 1.50 198.00 0.0442~ 197,600 49,400 14,809 3,702 23 LORENZO 0.88 137.40 0.030677 73,000 18,250 10,277 2,569 24 WILBERT 0.28 130.00 0.029024 16,300 4,075 9,723 2,431 25 KISSEE 0.29 135.43 0.030237 92,900 ' 23,~5 10,129 2,532 ..... I I I TOTAL 21.00 4,478.98 1.000000 335,000 83,750 , Administration 3,000 Muni Match Grant (70%) ' 234,500 Right of Way Issues 20,000 General Fund ( 5%) 16,750 Engineering 46,000 Property Owners (25%) 83,750 i I I Construction 266,000 TOTAL 335,000 ! III I I I II i i TOTAL 335,000 , , , , , , , , , , , ,, , , , , , Prepared by Keith Komelis 02/25/2003 Telephone (907) 283-7514 Law Offices Phil N. Nash ! 10 S. WILLOW, SUITE KENAi, ALASKA 996 March 5, 2003 Carol L. Freas, City Clerk City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 McCollum & Aliak Drive Assessment District Kenai Lions Club, Inc. Parcel Nol 4511010 Dear Clerk Freas, This is intended to be a conditional opposition / comment relative to the paving improvement assessment district as it relates to the small triangle of property owned by the Kenai Lions Club. This property was left over from the recent project of the Alaska DOT. It was cut off from the reminder of the property located on the other side of the highway. It was given to the Kenai Lions Club by an estate upon the condition that a memorial be retained on the property in memory of John Janet Graham. Since it is too small for any structure, however, it is not tax exempt because of the requirement that non-profit entities have a structure on real property before applying for tax exempt status. The property is utilized solely for a Welcome To Kenai sign, advertising the Kenai Lions Club and the Rubber Duck Race, which is a fund raiser for public and community projects, such as the Handi-Capable Trail and facilities in the City Park and for special grants based upon need, such as funding glasses for needy students. There are also a few flowers planted in the box below the sign. The preliminary assessment documents the club received included two assessmem proposals. One proposal was based upon square foot, and the other upon lineal feet. The difference was substantial. Even with the lesser plan, the assessment against the Lions property would be significant considering the benefit, which is none. I am a little confused relative to the various cost estimates. The Preliminary Assessment Role seems to indicate that the best value for the Lions Club would be 25 % Letter to: Carol L. Freas, City Clerk, City of Kenai RE: McCollum & Aliak Drive Assessment District Kenai Lions Club, Inc. Parcel Nol 4511010 March 5, 2003 Page 2 of the LID at $439, however, Kenai Code 16.05.010 seems to indicate that the maximum cost would be only 25 % of the assessed value, or $175. Either way it is a large payment required of an organization which has donated significantly more to the City than it has ever received. (Historically, remember that the Little League Fields were built by the Lions Club. The old town park was built by the Lions Club. The Lions Club installed the first sign over the Cemetery and did that clean up for years, as well as providing for most of the labor and much of the cost of the Handi-Capable Park.) The Lions Club would be willing to exchange a part of their property in order to widen or straighten the road way, or otherwise offset the cost of the project, however, requiring a cash paymem from a non-profxt which only holds a conditional title to a small tract of land that has no practical value is at best counterproductive, and at worse unconstitutional. The Kenai Lions Club would like the opportunity to discuss other options which do not require it to raise money from the public to pay for the paving of a road going by the property without providing any value to the property, merely to have a place to post a sign with a few flowers welcoming people to the City of Kenai that they are required to maintain themselves. Thank you. Sinc · ._ Attorney at Law On Behalf of Kenai Lions Club Inc. Page 1 of 1 Carol Freas From: Sent: To: deborah a rapp [forthearizonampps@juno.com] Monday, March 03, 2003 2:29 PM Carol Freas Subject: Reference letter of Feb 18, 2003 I do not understand exactly what you are purposing to do. I do not want any of my property paved! I own the lot Parcel No 4511032. Please send me an e-mail of the outcome of the meeting on March 5th. Thank you, Deborah Rapp 928-344-4777 3/3/2003 TESTIMONY SIGN-IN SHEET KENAI AIRPORT COMMISSION FEBRUARY 13, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ae ITEM 6: ITEM 7: a, ITEM 8: ITEM 9' ITEM 10: b, d. ITEM 11' CALL TO ORDER AND ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- January 10, 2003 PERSONS SCHEDULED TO BE HR_A_~r~ OLD BUSINESS Discussion -- Airport Survey Discussion -- Flat Tax on Private aircraft Discussion -- Appraised Airport Land Values NEW BUSINESS REPORT Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND ~U~'-STIONS PERSONS NOT SCHEDULED TO INFORMATION ITEMS Kenai City Council Meeting Action Agendas for January 15 and February 5, 2003. 12 ! 02 and 1 / 03 Kenai Municipal Airport Monthly Enplanement Reports Public Service Announcement regarding Commission's discussion on proposed flat-tax ordinance. 1 / 20 / 03 Avis letter regarding proposed ordinance pertaining to off-airport car rental operations. ADJOURNMENT KENAI AIRPORT COMMISSION FEBRUARY 13, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN HENRY KNACKSTEDT, PRESIDING MINUTES ITEM 1: CALL TO ORDER AND ROLL CALL Chairman Knackstedt called the meeting to order at 7:02 p.m. confirmed as follows: Roll was called and Members Present: Members Absent: Others Present: Knackstedt, Watkins, Haralson, Kleidon Holloway, Bielefeld, Van Zee Councilman Bookey, Airport Manager Cronkhite, Department Assistant Harris ITEM 2' AGENDA APPROVAL The agenda was unanimously approved as presented. ITEM 3: APPROVAL OF MINUTES -- January 10, 2003 The minutes were unanimously approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS Discussion -- Airport Survey Airport Manager Cronkhite provided a brief recap of the purpose and intent of the survey and stated Council has requested a more inclusive request for proposal, i.e. provide an itemized list of points for the marketing study. Cronkhite requested the Commission refer to the list of items previously compiled during the joint work session held on October 15, 2002. The Commission discussed whether or not a contractor is required to conduct an inventory of physical assets. Ha_raison stated he felt this aspect wouldn't need to be performed by a contractor, as part of a list already exists in the Master Plan. Cronkhite stated she feels a contractor could provide an unbiased outside view and could perhaps recognize items not already listed in the Master Plan. Additionally, she stated her understanding of compiling a list of assets should include more than buildings and look into other potential assets. The Master Plan doesn't address land development issues. The Commission and Cronkhite discussed overall land availability and whether or not land outside the fence is considered to be an asset. Councilman Bookey stated he feels all airport land, whether inside the fence or not, is an-asset and should be considered. He further stated the marketing study should incorporate all airport-related lands and land that is developed; developed but vacant; developed and occupied; and, undeveloped as all are physical assets. Councilman Bannock concurred. Paul Landis, Senior Vice President, ERA Aviation -- Landis addressed the Commission and asked them if they felt familiar with the Airport Master Plan. Landis stated it seemed they had a hard time getting traction on the survey and he felt the purpose of the study is to help prepare the Master Plan. Landis suggested the Commission obtain Master Plans from airports of like size and geography to better develop ideas. Additionally, Landis suggested hiring someone to update the Master Plan rather than spend countless hours and dollars on a consultant to prepare a marketing survey. Cronkhite responded to Landis's suggestions and comments by stating she would gladly obtain sample Master Plans for the Commission's review by contacting the Association of Small/Medium Airports. Additionally, Cronkhite stated the Master Plan is an FAA mandated document mostly deals with property only inside the fence. Cronkhite stated Kenai has a very unique situation due to owning so much marketable property that is beyond what the FAA requires to be noted in the Master Plan. Haralson asked if Council required information on developing a marketing plan for all of the airport areas, including land outside the fence, or just the airport itself. Bookey and Bannock stated it was their understanding to devise a development program to mesh both. Bookey suggested the Commission hold off reviewing criterion until after the Februm-y 20 work session regarding the fiscal situation, as there may be other Council requests or directions given. Chairman Knackstedt requested the Commission take time to prioritize the items on the list; but to also table this item until next month as the Council may provide additional direction. There were no objections. BREAK TAKEN: BACK TO ORDER: 7:48 P.M. 7:55 P.M. 5-b. Discussion -- Flat Tax on Private aircraft Shane Horan, KPB Assessors Office -- Horan addressed the Commission and explained how borough taxes are assessed and stated he is aware of taxation disparities between communities within the Kenai Peninsula Borough. Horan was asked what would happen if Kenai were to institute a flat tax; he stated the Borough would need to make changes to their assessing system, which would take time. Horan suggested the Commission invite Borough Finance Director Sinz to help clarify tax KENAI AIRPORT COMMISSION FEBRUARY 13, 2003 PAGE 2 policy. From Horan's estimates, a flat tax would provide $3,300 in revenue compared to the current $5,800. These figures are based on 44 private aircraft. Bannock stated he sponsored the resolution which would amend KMC 7.05.010 to provide a flat tax on personal property to $75.00 as a way to promote discussions and perhaps stop rhetoric and misconceptions surrounding aircraft taxation issues. Bannock provided the following: · The key issue involving aircraft taxation is perception and fairness. · It is a myth that people leave the Kenai Airport due to taxes. · Owners of boats and other property will be asking for exemptions. Where do you draw the line? · The borough has created an inequitable standard. · If a flat tax were instituted, the borough would simply increase another tax to make up the difference. Any savings would be an illusion. · Kenai has lost business to the Matanuska-Susitna Borough due to a competition problem. · The ordinance was sponsored to promote discussion and perhaps stop rhetoric and misconceptions regarding aircraft taxation. · The City of Kenai cannot afford to offer the tax exemption like the borough can. · The way to solve the problem is to get the borough to rid itself of their exemption ordinance. Joe Harris, Kenai -- Harris stated he is a boat owner and keeps one boat in Homer and one in Kenai and is in favor of a fiat tax. Harris explained, his boat in Homer is larger and worth more, but taxes there are lower. He added, he would most definitely be pushing for a fiat tax on boats in the event a fiat tax on aircraft is instituted. MOTION: Commissioner Kleidon MOVED to request the Airport Manager forward the draft ordinance for Council review and invite the Borough and City Finance Directors to the next meeting for further taxation clarification. Commissioner Watkins SECONDED the motion. AMENDMENT TO MOTION: Commissioner Ha_raison MOVED to amend the motion by adding, the Airport Commission recommends Council review portion "D" in the draft ordinance. Commissioner Watkins SECONDED the motion. There were no objections. SO ORDERED. DiscUssion -- Appraised Airport Land Values KENAI AIRPORT COMMISSION FEBRUARY 13, 2003 PAGE 3 Cronkhite addressed the Commission by requesting review of a memorandum (included in the packet) from Julie Derry of Derry and Associates. The memo states Kenai has higher land values due to the airport being located in the business district, which adds commercial exposure and has water, sewer, and natural gas. Derry added, land values are based on the whole appraisal process. Bannock stated he felt there is much more to the higher land values in Kenai than what is outlined in the memo. Bannock stated, Kenai as a whole, has a much more · complex infrastructure including a fully functioning airport and tower; one of the best fire departments in the state, including a fully manned fire station at the airport; and a high number of police officers. Shane Horan, KPB Assessing -- Horan provided a brief explanation of possessory interest and reversionary methods in regard to land values. ITEM 6: NEW BUSINESS -- None ITEM 7: REPORT 7-a. Commission Chair-- None 7-b. Airport Manager-- Airport Manager Cronkhite reported the following: · The Transportation Security Administration agents arrived for'an inspection and brought Boeing consultants. The agents looked into full passenger screening. Additionally, the 300-foot rule has been reinstated due to the nation being placed in orange alert status. · Baggage screening at the Kenai Airport is being discussed. · The FAA certification agents came for an inspection. · The Alaska Runway Safety Action Team suggested additional signage on the runway. 7-c. City Council Liaison- Councilman Bookey reported the following: · There will be a work session regarding the budget on February 20, 2003 at 6'00 p.m. Bookey encouraged all to come. Reminded the Commission of Bannock's new appointment and stated he would be missed. ITEM 8: COMMISSIONER COMMENTS AND ~U~'-STIONS Haralson stated he enjoyed reading comments from the last meeting and inquired as to the status of the off-airport car rentals. Bookey informed him, at this point administration is looking into the issue. Haralson suggested efforts be applied in tightening up language to provide clarification to terms such as 'concession fee' and 'taxation.' KENAI AIRPORT COMMISSION FEBRUARY 13, 2003 PAGE 4 ITEM 9: PERSONS NOT SCHEDULED TO _RE H~_A~r~ -- None ITEM 10: INFORMATION ITEMS 10-a. lO-b. lO-c. 10-d. Kenai City Council Meeting Action Agendas for January 15 and February 5, 2003. 12 / 02 and 1 / 03 Kenai Municipal Airport Monthly Enplanement Reports Public Service Announcement regarding Commission's discussion on proposed flat-tax ordinance. 1/20/03 Avis letter regarding proposed ordinance pertaining to off-airport car rental operations. ITEM 11: ADJOURNMENT The meeting adjourned at 9:40 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant KENAI AIRPORT COMMISSION FEBRUARY 13, 2003 PAGE 5 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA- AMENDED CITY COUNCIL CHAMBERS February 26, 2003 - 7:00 p.m. le CALL TO ORDER: a. Swearing in of Commissioner Eldridge b. Roll Call c. Agenda Approval d. Consent Agenda e *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. *February 12, 2003 3. SCHEDULED PUBLIC COMMENT: e CONSIDERATION OF PLATS: a. PZ03-09--Preliminary Plat- Strawberry Fields Forever Addition #1 - Submitted by Integrity Surveys, 605 Swires Road, Kcnai, AK 99611. b. PZ03-10~Preliminary Plat- Thompson Park Subdivision, Bible-Myers Addition- Submitted by Terry Eastham, P.O. Box 2891, Soldoma, AK 99669. 5. PUBLIC HEARINGS: 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 (2/10/03) 13. COMMISSION COMMENTS & QUESTIONS' 14. ADJOURNMENT: CITY OF KENAI PLANNING tk ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 26, 2003 - 7:00 P.M. CHAIRMAN RON GOECKE, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. and welcomed the Kenai Central High School government class to the meeting. 1-a. Sweating in of Commissioner Eldridge Nancy Carver performed the swearing in of Commissioner Barry Eldridge. 1-b. Roll Call Members Present: Members Absent: Others Present: Glick, Bryson, Goecke, Amen, Eldridge, Osborne Tunseth Councilman Jim Bookey, City Engineer Jack La Shot, Department Assistant Nancy Carver, Contract Secretary Barb Roper 1-c. Agenda Approval A revised agenda was provided prior to the start of the meeting. MOTION: Commissioner Osborne MOVED to approve the revised agenda and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections and/or additions. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES February 12, 2003 -- Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS PZ03-09---Preliminary Plat- Strawberry Fields Forever Addition # 1 - Submitted by Integrity Surveys, 605 8wires Road, Kenai, AK 99611. MOTION: Commissioner Bryson MOVED to approve PZ03-09 and Commissioner Eldridge SECONDED the motion. Department Assistant Carver stated the right-of-way was being dedicated with the stipulation that any further, development would require an installation agreement. Amen requested an explanation of an installation agreement. La Shot explained, prior to filing a plat, road construction would be required and in some instances, water and sewer. In this case it wouldn't because the parcel is so large and a note would just be put on the plat. Goecke noted this was not a public hearing item but asked if anyone from the public wanted to make a comment. There were no comments. VOTE: Amen Yes Glick Yes Goecke Yes Yes Eldrid§e Yes Osborne Yes 13r~son Tunseth Absent MOTION PASSED UNANIMOUSLY. PZ03-10--Preli~n~ Plat- Thompson Park Subdivision, Bible-Myers Addition - Submitted by Terry Eastham, P.O. Box 2891, Soldoma, AK 99669. MOTION: Commissioner Glick MOVED to approve PZ03-10 and Commissioner Bryson SECONDED the motion. Staff had nothing additional but pointed out the plan eliminates the lot lines of Lot 2 and creates two larger lots. There was no public comment. Bryson asked if the tract sizes conformed to the zoning code. Carver confirmed they did but added, Lot 3-a may not. It was also confirmed water and sewer was available. Bryson noted the plan would make the lots more conforming. PLANNING & ZONING COMMISSION MEETING FEBRUARY 26, 2003 PAGE 2 VOTE: Amen Yes Glick Yes Goecke Yes Yes Yes Osborne Yes Bryson Tunseth Absent Eldrid§e MOTION PASSED UNANIMOUSLY. ITEM PUBLIC HEARINGS-- None ITEM 7: OLD BUSINESS-- None ITEM 8: NEW BUSINESS -- None ITEM 9: PENDING ITEMS -- None ITEM 10- CODE ENFORCEMENT-- None ITEM 11' REPORTS 11-a. City Council -- Councilman Bookey announced he is replacing Councilman Bannock as the council liaison to the Commission. Bookey stated Council is working on budgets, which is proving to be most difficult with KMart closing. Bookey welcomed Commissioner Eldridge to the Planning and Zoning Commission. 11-b. Borough Planning-- Commissioner Bryson provided a report on the Borough's February 24, 2003 meeting. 11-¢. Administration -- Carver reminded the Commission March 7th is the deadline for input on the Comprehensive Plan and any comments should be directed to Marilyn Kebschull. Carver also noted a work session to discuss the education zone is scheduled for after the March 12th meeting. ITEM 12: PERSONS PRESENT NOT SCHEDULED -- None ITEM 13: INFORMATION ITEMS 13-a. Zoning Bulletin (2/10/03) ITEM 14' COMMISSION COMMENTS/h QUF~TIONS Commissioner Osborne -- Welcomed Commissioner Eldridge to the Planning & Zoning Commission and thanked the KCHS Government class for attending the meeting. PLANNING & ZONING COMMISSION MEETING FEBRUARY 26, 2003 PAGE 3 Commissioner Amen -- Welcomed Eldridge to the Commission and thanked the students for attending the meeting. Commissioner Glick -- Welcomed Eldridge to the Commission and stated it was nice to see young students being involved in local government. Commissioner Eldridge -- Stated it was nice to be on the Commission and looked forward to future meetings. Eldridge also thanked the students for attending. Chairman Goecke -- Welcomed Eldridge to the Commission. ITEM 15- ,,,ADJOURNMENT MOTION: Commissioner Glick MOVED to adjourn. There were no objections. SO ORDERED. The meeting adjourned at 7'25 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING FEBRUARY 26, 2003 PAGE 4 AGENDA KENAI CITY COUNCIL- REG~~ MEETING FEBRUARY 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httl3://www, ci.kenai, ak.u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: ,,, SCHEDULED PUBLIC COMM~.NT8 (10 minutes) PROCLAMATION: KCHS HOCKEY TEAM -- IlI/4A NORTH STAR CONFERENCE CHAMPIONS . Presentation by Skyview High School National Ocean Sciences Bowl Team -- Stevie Kay-Phyfer, Jaime Miller, Rachael Beatty, Allison Simpson and Matt Smith. ITEM C: REPORTS OF KPB ASSEMBLY, L~'-C_-ISLATORS A_ND COUNC_II.._~ ITEM D: PUBLIC HEARINGS o 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. . 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." e . , ITEM E: le 2. 3. 4. 5. 6. 7. ITEM F: . ITEM G: ITEM H: ITEM I: le e . e Resolution No. 2003-09 -- Requesting FY 04 Safe Communities Funding 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 a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUT~ *Regular Meeting of February 5, 2003. CORRF~PONDENCE OLD BUSINGS NEW BIIiINF~8 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, RS1, RS2, RU Zones From a Secondary Use to a Conditional I/se and, in the IL and IH Zones, From a Secondary Use to a Principal Permitted Use. 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 19, 2003 7:00 P.M. KENAI CITY COUNC~ CHAMBERS bt. tp://www, ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swamer, and Moore. Porter, Bannock, Jackman, Williams, A-3o AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: D-4, Resolution No. 2003-08 -- A copy of the Kenai Peninsula Borough'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. MOTION: Councilman Bookey MOVED to approve the agenda as amended and Councilwoman Swarner $~ONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Councilman Bookey MOVED for approval of the consent agenda as presented and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS PROCLAMATION: KCHS HOCKEY TEAM -- IH/4A NORTH STAR CONFERENCE CHAMPIONS KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 6 Mayor Williams read a proclamation celebrating the Kenai Central High School Hockey Team as the Region III/4A North Star Conference Champions. A team representative, ,Jimmy Gabriel presented the Mayor with a team picture. B.-X. Presentation by Skyview High School National Ocean Sciences Bowl Team -- Stevie Kay-Phyfcr, Jaime Miller, Rachael Beatty, Allison Simpson and Matt Smith. The students gave a presentation they would be making for the National Ocean Sciences Bowl to be held Seward in regard to encouraging tourism and economic development through a bird-watching program encompassing Southeastern Alaska, the Aleutian Islands, and the Kenai Peninsula and using the to-be-developed Kenai Coastal Trail and boardwalk. BREAK TAKEN: 7:34 P.M. BACK TO ORDER: 7:55 P.M. ITEM C: REPORTS OF KPB ASSEMBLY, LRGIS~-&TOR._m AND_ COUNC~L-_~ Assemblywoman Glick reviewed items of interest discussed/acted upon at the Assembly's February 18, 2003 meeting: · A contract was awarded for continuing the spruce bark beetle mitigation. · An ordinance limiting late-fried Semor Citizen or Disabled Veteran exemption requests was approved. The Borough's federal priorities list was approved and will be forwarded to the congressional delegation in Washington, DC. · Passed a resolution supporting oil exploration in the Arctic National Wildlife Refuge. · Received acknowledgement federal funding to increase the PILT Fund had been approved. Glick will investigate to see if any of those funds could be shared with the City. · Passed a resolution supporting HB 57. · The Borough is investigating the purchase of four lots of private land across from the Centre Peninsula Emergency Facility in Soldotna on which to build a facility to house a Peninsula-wide emergency command center. The public hearing on the ordinance will be held on April 1. · The next Assembly meeting is scheduled for March 11. ITEM D: 'PUBLIC HEARINGS D-X. Ordinance No. 1991-2003 -- Increasing Estimated Revenues and Appropriations by $779.25 in the General Fund for Drug Asset Forfeitures. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 7 MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1991-2003 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: Porter Williams Moore Yes Yes Yes Bannock Yes Jackman Bookey Yes Swarner lYes Yes MOTION PASSED UNANIMOUSLY. 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. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 1992-2003 and Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: Porter Williams Moore Yes Bannock Yes Booke¥ Yes Yes Yes Jackman Swarner Yes Yes MOTION PASSED UNANIMOUSLY. D-3. Resolution No. 2003-07-- Supporting Efforts to Secure a VISTA Volunteer to Develop a Strategic Economic Development Plan. MOTION: Councilman Moore MOVED for approval of Resolution No. 2003-07 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 8 Tim Navarre,/508 Ponderosa, Kenai. -- Requested the Kenai Chamber of Cornm__erce be included in the fourth whereas and the "Now, Therefore" portions of the resolution in order to offer partnering in the resolution. Williams noted, the opportunity to acquire a VISTA volunteer to work for the city without using city funds for salary had come to council's attention. The job of the person will be to work with all entities in the community, including the Chamber. MOTION TO AMEND: Councilman Moore MOVED to add the Chamber of Commerce as a player in the "Now, therefore" section of the resolution and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. 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." MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-08 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Williams noted, in preparation of the resolution, all the major gas entities in the area had been contacted in regard to the wording of the resolution and support of HB 57. Only one communication was received in response and it endorsed the resolution. He added, he spoke with a representative Enstar as well and found they did not object to the resolution and felt if someone producing gas for shipping out of the state gets a tax break, in-state entities should receive one as well. They will, however, work on that concern themselves. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 9 Resolution No. 2003-09 -- Requesting FY 04 Safe Communities Funding From the Department of Community and Economic Development. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-09 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2003-10 -- Amending the City of Kenai, Alaska 2003- 2004 Capital Improvement Project (CIP) Priority List for Request of State Grants. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-10 and Councilwoman Jackman SECONDED the motion. There were no public comments. Williams thanked Administration for the preparation of the resolution along with narratives for the added projects. He added, he spoke with the Peninsula legislators and with the co-chairs of the Finance Committees. He learned there may be some money for smaller projects available through the Legislature. Bannock requested the narratives be numbered the same as the listed items. VOTE: There were no objections. SO ORDERED. D-7o Liquor License Renewals -- Peninsula Moose Lodge # 1942 -- Club Oaken Keg # 1808 -- Package Store Approved by consent agenda. ITEM E: COMMISSION/COMMITTEE REPORTS ~NAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 10 E-1. Council on Aging-- Councilwoman Swarner reported the approved m/nutes were included in the packet. Referring to the applications included in the packet, she requested a vacancy on the Council on Aging be filled. Williams recommended ,Joe Harris be appointed and council had no objections. F~2. Airport Commission -- Councilman Bookey reported he attended the meeting for Councilwoman dackman. He noted the Commission's actions/discussions included the following: Discussed the airport survey and tabled it for the next meeting. Discussed the flat tax on aircraft and how it can be fair for all. A motion was passed with a recommendation which will come to council for their consideration in the near future. · Discussed appraisals of land on the airport and the differences between Kenai and Soldotna. Bookey noted, in discussions he had with administration regarding the use of airport properties, he learned the city's ordinance allows for only a 30-year lease and at the end of the lease, the property, etc. reverts back to the city. Bookey stated he was concerned with the 30-year length of the lease and felt it should be longer to be more attractive to those who may want to invest in moving a business or starting a busineas on airport property. A brief discussion followed where it was pointed out the state leases are 55 years and are based on the amount of improvements made and the FAg. has, in the past, requested the city to shorten the length of their leases. Bookey requested administration to research the issue and report back to council. E-3. Harbor Commission -- Councilman Bookey reported the meeting was brief and discussions included an update to the coastal trail project and it was reported the dock leases were being prepared for bid on March 1. Bookey also noted there was a vacancy on the Commission and Williams recommended Donna Higley to be appointed. There were no objections from council. E-4. Library Commission -- Councilman Moore reported the minutes of the last meeting were included in the packet. He noted, a summary of the visioning work session comments was included w/th the minutes. E-5. Parks/h Recreation Commission -- Councilwoman Porter referred to the minutes of the Commission's February 6 meeting, which were included in the packet. She noted, the Commission discussed the landscaping plan for Triangle Park; heard an update on the skateboard park and recommended using some of the Daubenspeck funds for asphalting, etc. an area in the area of the softball fields where it has been suggested the skateboard park be moved; and, heard a presentation by representatives of the Boys &, Girls Club to use the old FAA field for soccer because the KEN~ CITY COUNCIL MEETING MINUTES FEBRUARY !9, 2003 PAGE 11 middle school property will not be available this year while repairs to tuff, etc. are being made. Williams noted the area suggested for placement of the skateboard park gets cold and windy and suggested the Commission discuss purchase of a positive pressure covering. F_,-6. Planning tis Zoning Commission -- Councilman Bannock noted the minutes of the February 12 meeting were included in the packet. He noted, the Draft Comprehensive Plan was presented to the Commission for review by the consultant. The consultant reviewed the information included and a public hearing was scheduled for March. Bannock referred to actions taken by council in past meetings to veto a request for vacation of a right-of-way easement for David Yragui along Candlelight Drive. 13annock reviewed the history of the request and noted the property on which the right-of-way existed was actually owned by the applicant. A brief ctiscussion took place in which City Attorney Graves stated the question was, who owns the ground under the right-of-way, or the fee simple title. He noted, in his investigation he found the law states the title under the right-of-way is the adjoining property owners' title and the municipality has the fight to use the property. Graves added, the plat is unclear, but he felt the city probably does not own the fee simple interest in the right- of-way, though it owns the right-of-way interest and the use of it. In this case, Yragui is the owner of the property under the right-of-way, though he has no use or enjoyment of the property, i.e. it cannot be built upon, etc. Because of this, the city would not be able to lease back to Yragui as suggested at the last meeting because the city does not own the property. Graves noted, he could do further investigation and report back at the next council meeting or council could reconsider the action it took at its last meeting. Bannock suggested council reconsider their decision because the council had held up Yragui's request to become compliant. Graves explained, a reconsideration motion could be made during the meeting at which the action was taken or the meeting ira_mediately after. MOTION: Councilwoman Porter MOVED to reconsider action taken on the Yragui vacation request and Councilman Bookey ~ECONDED the motion. After a brief discussion in which some concern was stated that reconsidering this action in regard to vacating a right-of-way easement vacation, could set a precedence. VOTI~ ON THI~ ltE~UEST FOR RECONSIDERATION: ~NAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 12 VOTE: Porier lYes I Bannock Yes i Jackm_an Williams Yes Booke¥ Yes ' Swarner Moore Yes Yes Yes MOTION PASSED UNANIMOUSLY. MOTION: Councilman Bookey MOVED approval of the vacation of the westerly three-foot portion of the 33-foot access easement to accommodate the existing building, all within Section 34, T6N, RI 1W, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough -- David Yragui, Petitioner marked as I-5 in the February 5, 2003 council meeting minutes. Councilwoman Porter 8~20~gD the motion. It was noted, if the building now encroaching on the right-of-way was removed, the vacation would stay with the property and another building could be placed on the vacated area. Councilwoman Swamer stated she would support the vacation for this building, but did not want the vacation to continue in infinity. Bookey stated he supported the approval of the vacation and had faith in the Planning & Zoning Commission. Bookey asked, if the motion passed, would it still be in the timeline for the borough to accept the approval. Attorney Graves stated, it was his position the city has the right to reconsider and rescind. VOTE: Councilman Bannock requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. It was noted there was a vacancy on the Commission and Bannock recommended the appointment of Amy Andersen as he felt her realtor knowledge would provide another avenue of expertise to the Commission. Williams noted the application of Barry El~dge as well and recommended Eldridge for the position. Eldridge was appointed to the Planning & Zoning Commission. There were no objections. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the minutes of the February 11 meeting were included in the packet. The Committee discussed flowers and banners. Porter asked ff leftover funds from the summer recreation program in the Parks budget could be used to reimburse the $6,000 used from the budget for ~NAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 13 purchase of additional lights, etc. for the Christmas Comes to Kenai event. Director Semmens stated he would investigate the issue. Finance E-7b. Kenai Convention/k Visitors Bureau Board -- It was noted minutes of past meetin§s and reports were included in the packet. Discussion followed re§ardin§ bud§et information included with the reports and Bookey stated he had notified the Board the city's lundin§ could be cut durin§ the upcomm§ budget process. Williams asked if there might be requests for funding from the General Fund to finish the current fiscal year. Snow noted, that reformation would be brought to council during their work session on February 20. E-7c. Alaska Municipal League Report -- Williams reported he recently attended the Alaska Conference of Mayors and Legislative Committee meetings held in ,Juneau. He also noted he extended an invitation to the Conference of Mayors and Legislative Board to hold their summer meetings in Kenai. E-7d. Kenai Chamber of Commerce-- President Brewer reported the followin§: * The Board was looking forward to the breakfast meeting with the council on February 25 at 8:00 a.m. · They appreciated the city and community's participation on Job Shadow Day. · A committee will be set to plan and handle the Fourth of July event and the Moose Lodge has offered to help. The committee's first meeting will be held on March 6. · The Kenai Lions Club will be helping with the annual clean-up. · Concerned the parking lot at Kmart will need cleaning and contact with those responsible at the facility has been difficult. Brewer honored Councilman Bannock with a Certificate of Recognition for his efforts and support over the years. ITEM F: MINUTES F-Xo Regular Meeting of February 5, 2003 -- Approved by consent agenda. ITEM G: CORRF~PONDENCE-- None. ITEM H: OLD BUSINESS-- None. ITEM I: NEW BUSINESS ~NAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 14 I-1o Bills to be Paid, Bills to be Ratified MOTION: Councilman Bookey MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion. The increase to the contract for Kevin Waring & Associates was questioned and it was noted, the original contract did not include payment for their time for the public meetings that have been held. Porter stated she would prefer a blanket purchase order for more than what is expected instead of after the fact. VOTE: There were no objections. SO ORDERED. I-3o Ordinance No. 1993-2003 -- Increasing Estimated Revenues and Appropriations by $1,782 in the General Fund Library Department for a State Grant. Introduced by consent agenda. I-4. Ordinance No. 1994-2003 -- Amending the Land Use Table in KMC 14.22.010 to Change Park~ 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. Introduced by consent agenda. ITEM J: REPORT OF THE MAYOR -- Williams reported the following: · He will attend the National League of Cities Conference in Washington, DC from March 5-13 and vice Mayor Bookey will chair the March 5 meeting. · Two mini-classes will be held at the Visitors Center regarding 501(3)(c) organization. · Has had conversations with representatives from Walmart Development. The liquidators are now handling the sale of merchandise and the facility is to be KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 15 closed by March 21. foreclosure. He also noted, the building ownership will be included in the ITEM K: ADMINISTRATION REPORTS K-1. City Manager-- Snow noted the following: · She and Adminis~afion are working on budget preparation and will need guidance from council due to the complexity of the problems this year. · She is working on a report to council regarding airport development which will come to council for direction. · The department head reports are included in the packet. K-2. Attorney-- Graves reported the following: · Noted draft smoking ordinances were included in the packet and he requested direction from council. Williams suggested introduction of an ordinance be held until March 19 and it not be included on the consent agenda. Discussion followed regarding cost of installing ventilation systems. Option A draft ordinance was suggested and it was requested a copy of the ordinance be forwarded to the restaurant owners. This w~ give them time to investigate costs for installation of a ventilation system in their facilities. Graves stated he planned to send copies to the restaurant owners as well as those who spoke at the February 5 meeting. It was noted there was interest in the community to include bowling alleys for areas where no smoking should be banned. Bookey stated he would not support including bowling alleys in the ordinance due to the extreme cost involved in installing a ventilation system. He suggested the bowling alley owners offer a smoke-flee night for bowlers. Bookey added, there are ways to serve the public without the council being involved. · Noted, during the joint work session with the Soldoma City Council, a joint letter to the Kenai Peninsula Borough requesting notification to the cities of pending Borough zoning actions within one-half mile of city limits and a resolution urging a change in the ASHA Rural Owner Occupied Loan Program were requested to be drafted. Copies of the drafts were included in the packet. Graves noted, the drafts had been forwarded to the City of Soldotna, but no response had been received to date. A brief discussion took place in which council directed the resolution to be brought forward on the March 19 agenda. Williams requested the Airport Commission meeting of April 10 be moved to April 9 and hold a joint work session with the council immediately prior to their meeting. The purpose of this change is to hear a presentation from representatives from the KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 16 Transportation Security Administration on homeland security. He noted, the representatives would also be heard on Sound Off that morning and would be the speakers for the Kenai Chamber of Commerce luncheon that day as well. Their presentation will be about homeland security and employer support of the National Guard and Reserve. Williams noted, a signing ceremony of proclamations supporting the Guard and Reserve will also take place at the luncheon with proclamations from Kenai, Soldoma and the Borough. Will~ams also requested the Chamber to contact personnel officers from the major corporations in the area and invite them to the luncheon. The joint work session was set for 6:00 p.m. on April 9. There were no objections. K-3. City Clerk -- Clerk Freas referred to her memorandum included in the packet noting a government teacher at the Kenai Central High School requested council hold a Government Day. Discussion followed and council decided to hold a Government Day on April 16, including having the students visit with different departments; council/staff visiting the classes at school and discussing municipal government; having the students develop resolutions and ordinances to include on an agenda; and, having the students hold a mock council meeting, using their agenda. The regular council meeting will follow upon the closure of the mock meeting. Freas also requested council officially set a work session on February 25 with the Kenai Chamber of Commerce, meeting at 8.00 a.m. at Charlotte's Restaurant. MOTION: Councilwoman Porter MOVED to hold a joint work session with the Kenai Chamber of Commerce on February 25 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. I,.TEM L: DISCUSSION L- 1. Citizens Carl Gltck-- Thanked Councilman Bannock for his participation and support of the Planning & Zoning Commission, as well as acting as the council's liaison to the Commission. Jay Barrett -- Thanked Bannock for his years of service to the city and wished he and his family good luck. Barrett also suggested council should strongly consider replacement of Bannock with Ozzie Osborne or Hal Smalley. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 17 Tim Navarre -- · Stated he believed the vacation, discussed earlier in the meeting, should be for only the footprint of the building and only for that building. · Suggested the smoking ordinance state ~all future buildings" be required to have ventilation systems as there may be great difficulty for some established buildings to install a Ventilation system. Thanked Bannock for his service and wished him good luck. Ozzie Osborne -- Thanked Bannock for his service to the city, noting he was Bannock's Scout Master. L-2. Council Swarner -- Reported she would not be at the next council meeting or the Beautification Committee and Council on Aging meetings in March. She requested another council member attend in her place. Moore -- Requested council include the coastal trail on the agenda as Old Business on future agendas in order to keep updated on a regular basis. Porter-- * Noted stakes were left in the pond along Marathon Road and stated her concern it was a safety hazard. Public Works Manager Komelis stated he would investigate. · Asked if the city should be proactive in convincing the Borough it was not necessary to purchase property and build a new building for emergency management when the city's building is already built and available. A brief discussion followed in which it was noted earnest money had already been paid on the lots; the ordinance to go forward with the purchase would be before the Assembly for public healing on April 1; a funding request {for construction, etc.} was included in the Borough's federal funding priority fist; and the payment of earnest money was contingent upon the approval of the ordinance by the Assembly. It was suggested administration contact assembly members and invite them for a walk-through of the city's facility prior to their April 1 meeting and the city take an active part in objecting to the issue. Thanked Bannock for his service to the city and appreciated his knowledge of issues. Jackman -- Thanked Bannock for his help during her participation on the Planning & Zoning Commission and council. Williams -- Thanked Bannock for his service as a Planning & Zoning Commission member and council member and congratulated him on his appointment as Director of the Department of Motor Vehicles. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2003 PAGE 18 Bannock -- Reported he was resigning his council seat, effective at the end of the meeting, due to his appointment as Director of the Department of Motor Vehicles. Bannock thanked the department heads their expertise and good work and hoped his new employees would be as sldllful and knowledgeable as the city's. Williams -- Wished Bannock the best of luck and thanked him for his years of service to the community. In reference to Bannock's resignation, the city council instructed City Clerk Freas to advertise the availability of the position through March 18, requesting a letter of intent with a resume from those interested in being considered for the position. Freas is to copy the resumes and give copies to council at their March 19 meeting. Council will then review the resumes and meet at a work session on March 27 at 7'00 p.m. to interview the applicants. An appointment will then be made at the April 2, 2003 council meeting. Williams noted, the term of the person chosen to replace Bannock will continue through October, 2003. The position will then be included on the October ballot as a two-year term position. At the end of those two years, the position will go back to the regular three-year term rotation. Bookey -- Offered to act as the council liaison to the Planning & Zoning Commission until the appointment to the council seat is made. Bookey also thanked Bannock and stated he would be missed. Swarner -- Thanked Bannock for his years of service to the council and Planning & Zoning Commission. EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 11'01 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z 0 Z 0 n"Z z LLI Z Z Z LU LLI z 13:: I-- Z 0 n~ O~ z IJJ UJ · 0 CD CD CD 0 (.3 0 ::3 Z (:3 0 CD ::3 0 0 (:3 0 ::3 0 Z 0 n~ 0 LU c~ c~ 0 >.. z 0 "r' Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1995-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.40.080 AND 23.40.120 TO ALLOW EMPLOYEES TO ELECT THE OPT-OUT PROVISION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) AS STATED IN AS 39.35.150(b) AND/OR OPT OUT OF MUNICIPAL MEDICAL AND HOSPITAL INSURANCE. WHEREAS, KMC 23.40.080 requires City employees to participate in the PERS system; and, WHEREAS, in 2001 the Alaska Legislature enacted AS 39.35.150(b) which allows persons who retire in the PERS system to be re-employed within the PERS system and opt-out of participation in PERS while keeping their eligibility for PERS retirement; and, WHEREAS, reemployment of such persons could save the City thousands of dollars because the City would not pay for medical insurance or have to make PERS contributions for them while keeping experienced employees in the workforce at a substantial cost saving to the taxpayer. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.40.080 and 120 are amended as follows: 23.40.080 Retirement Employees are required to participate in the State Public Employees Retirement System (PERS) unless the employee participates in the opt-out provision of AS 39.35.150(b). See the PERS handbook for details. II. 23.40.120 Medical and Hospital Insurance Medical and hospital insurance shall be provided by a group policy for all employees with all premiums paid by the City unless the employee declines such coverage. Life, major medical, dental and vision insurance are included as part of group insurance. Ordinance No. 1995-2003 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of March, 2003. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk (2/26/03) kh Introduced: Adopted: Effective: March 5, 2003 March 19, 2003 ^pril 19, :~003 CiTY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE: RE: Mayor and Council Members Carol L. Freas, City~ February 28, 2003 VOLUNTEER APPRECIATION ADVERTISEMENT AND RECEPTION The week of April 20-26 is National Volunteer Week. Traditionally, council has had an advertisement placed in the newspaper that week listing all those who volunteer for the City of Kenai departments. Also, for the last three or four years, council has held a picnic-type reception in the evening for each volunteer and their guest. There are funds in the Legislative accounts for the advertisement {last year = $363) and the preparations for the picnic {last year = $1,050, approximately $200 over what was budgeted). The Senior Center is available the evening of Friday, April 25. Does council want to do an advertisement of the volunteersP Does council want to do a picnic or some other type of reception? If you want to do a picnic, there will need to be volunteers for cooking~ serving, etc. clf CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO: Mayor Williams and the Kenai City Council FROM' C'O~~ Cary R. Graves, City Attorney DATE: February 26, 2003 RE: HIPAA Compliance Policy For informational purposes, enclosed is the City's new HIPAA Privacy Policy that will be adopted soon. It is a product of the Health Insurance Accountability and Portability Act (HIPAA) of 1996. Although the act deals with transferability of health insurance coverage, its main impact on the city relates to how we keep and maintain medical records from ambulance runs. We are required to be compliant by April 14, 2003 and we expect to be. This policy and other internal procedures were the result of work by myself, Chief Walden, Assistant Chief Tilly, Heather Lawson of the Finance Department and others. This is another unfunded mandate by the federal government. It is estimated that over ten years it will cost $17.5 billion dollars nationwide for HIPAA compliance. CITY OF KENAI HIPAA PRIVACY RULES POLICY Section I Policy on Patient Access, Amendment and Restriction on Use of Protected Health Information 1. Purpose Under the HIPAA Privacy Rule, individuals have the fight to access and to request amendment or restriction on the use of their protected health information (PHI) and restrictions on its use that is maintained in designated record sets (DRS). (See policy on Designated Record Sets.) To ensure that the City of Kenai only releases the PHI that is covered under the Privacy Rule, this policy outlines procedures for requests for patient access, amendment and restriction on the use of PHI. This policy also establishes the procedure by which patients or appropriate requestors may access PHI, request amendment to PHI, and request a restriction on the use of PHI. 2. Policy Only information contained in the DRS outlined in this policy is to be provided to patients who request access, amendment and restriction on the use of their PHI in accordance with the Privacy Rule and the Privacy Practices of the City of Kenai. 3. Procedure---Patient Access a. Upon presentation to the business office, the patient or appropriate representative will complete a Request for Access Form. b. The City employee must verify the patient's identity and, if the requestor is not the patient, the name of the individual and reason that the request is being made by this individual. The use of a driver's license, social security card, or other form of government-issued identification is acceptable for this purpose. c. The completed form will be presented to the Privacy Officer for action. d. The Privacy Officer will act upon the request within thirty (30) days, preferably sooner. Generally, the City must respond to requests for access to PHI within thirty (30) days of receipt of the access request, unless the designated record set is not maintained on-site, in which case the response period may be extended to sixty (60) days. e. If the City is unable to respond to the request within these time frames, the requestor must be given a written notice no later than the initial due date for a response, explaining why the City could not respond within the time frame and in that case the City may extend the response time by an additional thirty (30) days. Policy of Patient Access, Amendment and Restriction On Use of Protected Health Information Page 1 of 7 ge he je ko Upon approval of access, patient will have the right to access the PHI contained in the DRS outlined below and make a copy of the PHI contained in the DRS upon verbal or written request. The business office will establish a reasonable charge for copying PHI for the patient or appropriate representatives. Patient access may be denied for the reasons listed below, and in some cases the denial of access may be appealed to the City for review. The following are reasons to deny access to PHI that are not subject to review and are final, and may not be appealed by the patient. (i.) If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; (ii.) If the information the patient requested was obtained from someone other than a health care provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information. The following reasons to deny access to PHI are subject to review and the patient may appeal the denial. (i.) If a licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; (ii.) If the protected health information makes reference to another person (other than a health care provider) and a licensed health professional has determined, the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; (iii.) If the request for access is made by a requestor as a personal representative of the individual about whom the requestor is requesting the information, and a licensed health professional has determined, in the exercise of professional judgment, that access by you is reasonably likely to cause harm to the individual or another person; (iv.) If the denial of the request for access to PHI is for reasons (i), (ii) or (iii) above, then the patient may request a review of the denial of access by sending a written request to the Privacy Officer. (v.) The City will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access. The City will promptly refer the request to this designated review official. The review official will determine, within a reasonable time Person, whether the denial is appropriate. The City will provide the patient with written notice of the determination of the designated reviewing official. (vi.) The patient may also file a complaint in accordance with the Procedure for Filing Complaints About Privacy Practices if the patient is not satisfied with the City's determination. Access to the actual files or computers that contain the DRS that may be accessed by the patient or requestor should not be permitted. Rather, copies of the records should be provided for the patient or requestor to view in a confidential area under the direct supervision of a designated City staff member. UNDER NO CIRCUMSTANCES SHOULD ORIGINALS OF PHI LEAVE THE PREMISES. Policy of Patient Access, Amendment and Restriction On Use of Protected Health Information Page 2 of 7 m. ne If the patient or requestor would like to retain copies of the DRS provided, then the City may charge a reasonable fee for the cost of reproduction. Whenever a patient or requestor accesses a DRS, a note should be maintained in a log book, indicating the time and date of the request, the date access was provided, what specific records were provided for review, and what copies were left with the patient or requestor. Following a request for access to PHI, a patient or requestor may request an amendment to his or her PHI, and request restriction on its use in some circumstances. ® ® e Requests for Amendment to PHI ao bo The patient or appropriate requestor may only request amendment to PHI contained in the DRS. The Request for Amendment of PHI form must be accompanied with any request for amendment. The City must act upon a Request for Amendment within sixty (60) days of the request. If the City is unable to act upon the request within sixty (60) days, it must provide the requestor with a written statement of the reasons for the delay, and in that case may extend the time period in which to comply by an additional thirty (30) days. Granting Requests for Amendment a. All requests for amendment must be forwarded immediately to the Privacy Officer for review. b. If the Privacy Officer grants the request for amendment, then the requestor will receive a letter indicating that the appropriate amendment to the PHI or record that was the subject of the request has been made. c. There must be written permission provided by the patient so that the City may notify the persons with whom the amendments need to be shared. The City must provide the amended information to those individuals identified by having received the PHI that has been amended as well as those persons or business associates that have such information and who may have relied on or could be reasonably expected to rely on the amended PHI. d. The patient must identify individuals who may need the amended PHI and sign the statement in the Request for Amendment form giving the City permission to provide them with the updated PHI. e. The City will add the request for amendment, the denial or granting of the request, as well as any statement of disagreement by the patient and any rebuttal statement by the City to the DRS. Denial of Requests for Amendment a, The City may deny a request to amend PHI for the following reasons. (i.) If the City did not create the PHI at issue; (ii.) If the information is not part of the DRS; or (iii.) The information is accurate and complete. Policy of Patient Access, Amendment and Restriction On Use of Protected Health Information Page 3 of 7 ® b. The City must provide a written denial, the denial must be written in plain language and state the reason for the denial; the individual's fight to submit a statement disagreeing with the denial and how the individual may file such a statement; a statement that, if the individual does not submit a statement of disagreement, the individual may request that the provider provide the request for amendment and the denial with any furore disclosures of the PHI; and a description of how the individual may file a complaint with the covered entity, including the name and telephone number of an appropriate contact person, or to the U. S. Secretary of Health and Human Services. c. If the individual submits a "statement of disagreement," the provider may prepare a written rebuttal statement to the patient's statement of disagreement. The statement of disagreement will be appended to the PHI, or at the City's option, a summary of the disagreement will be appended, along with the rebuttal statement of the City. d. If the City receives a notice from another covered entity, such as a hospital, that it has amended its own PHI in relation to a particular patient, the ambulance service must amend its own PHI that may be affected by the amendments. Requests for Restriction a. The patient may request a restriction on the use and disclosure of their PHI. b. The City is not required to agree to any restriction, and given the emergent nature of our operation, we generally will not agree to a restriction. ¢. ALL REQUESTS FOR RESTRICTION ON USE AND DISCLOSURE OF PHI. MUST BE SUBMITTED IN WRITING ON THE APPROVED CITY FORM. ALL REQUESTS WILL BE REVIEWED AND DENIED OR APPROVED BY THE PRI~ACY OFFICER. d. If the City agrees to restrict PHI, we may not use or disclose PHI in violation of the agreed upon restriction, except that if is in need of emergency service, and the restricted PHI is needed to provide the emergency service, the City may use the restricted PHI or may disclose such PHI to another health care provider to provide treatment to the individual. e. The agreement to restrict PHI will be documented to ensure that the restriction is followed. f. A restriction may be terminated if the individual agrees to or requests the termination. Oral agreements to terminate restrictions must be documented. The City may also terminate a current restriction as long as the City notifies the patient that PHI created or received after the restriction is removed is no longer restricted. PHI that was restricted prior to the City voiding the restriction must continue to be treated as restricted PHI. 'Policy. ~f Patient Access, Amendment and Restriction On Use of Protected Health Information Page 4 of 7 Section II Policy on Procedure for Requesting an Amendment to Protected Health Information (PHI) 1. Purpose To provide consistent guidelines for the City of Kenai ambulance staff so they may assist a patient in amending the protected health information of their patient care record in accordance with their rights under the federal Privacy Regulations. 2. Policy An individual has the fight to amend his/her patient care records, as long as their protected health information is maintained by the City ambulance staff, except in the following circumstances' ® a. The originator of the record is no longer available; b. The information the patient is requesting to amend was not created by the City of Kenai ambulance staff; c. The information is not part of the patient care record; d. The information is accurate and complete (the information would not be available for inspection as provided by law and, therefore, the City of Kenai is not required to consider an amendment. This exception applies to information compiled in anticipation of a legal proceeding); e. Information received from someone else under a promise of confidentiality. Procedure ae b, ce de eo Confirm the identity of requestor or legal representative. If the requestor is legal representative, ask for legal proof of their representative status; The patient must fill out the Request for Amendment of Health Information form completely; The City, with the assistance of legal counsel, will act on the request for amendment within sixty (60) days of the request; If the City agrees with the amendment: (i.) The record will be amended; (ii.) The City will notify the individual or the agreement to amend the record; (iii.) Copies of the amended record will be provided to our business associates, facilities to or from which we have transported the patient, and others involved in the patient's treatment. If the City denies the request for amendment: (i.) The individual that requested the amendment will be notified of the denial and the reason for the denial in writing; pOlicy of Patient Access, Amendment and Restriction On Use of Protected Health Information Page 5 of 7 (ii.) A statement will be given to the individual that he/she may submit a short written statement disagreeing with the denial and how the individual may file such a statement; (iii.) A statement will be given to that individual that he/she may, if they do not wish to submit a statement of disagreement, they may request that the Request for Amendment and the denial become a permanent part of their medical record; (iv.) A statement that the individual may complain to the Privacy Officer of the City of Kenai, or to the federal agency that oversees the enforcement of the federal Privacy Rule, the U. S. Department of Health and Human Services. g. All documentation pertaining to the request for amendment will be kept in the medical record. l~licy of Patient Access, Amendment and Restriction On Use of Protected Health Information Page 6 of 7 Section III Policy on Designated Record Sets (DRS) 1. Purpose To ensure that the City of Kenai ambulance staff releases PHI in accordance with the Privacy Rule, this policy establishes a definition of what information should be accessible to patients as part of the DRS, and outlines procedures for requests for patient access, amendment, and restriction on the use of PHI. Under the Privacy Rule, the DRS includes medical records that are created or used by the City to make decisions about the patient. 2. Policy The DRS should only include HIPAA covered PHI, and should not include information used for the operational purposes of the organization, such as quality assurance data, accident reports, and incident reports. The type of information that should be included in the DRS is medical records and billing records. ® Procedure~Designated Record Set (DRS) a. The DRS for any requests for access to PHI includes the following records' (i.) The patient care report (PCR) created by EMS field personnel (this includes any photographs, monitor strips, Physician Certification Statements, Refusal of Care forms, or other source data that is incorporated and/or attached to the PCR); (ii.) The electronic claims records or other paper records of submission of actual claims to Medicare or other insurance companies; (iii.) Any patient-specific claim information, including responses from insurance payers, such as remittance advice statements, Explanation of Medicare Benefits (EOMBs), charge screens, patient account statement, and signature authorization and agreement to pay documents; (iv.) Medicare Advance Beneficiary Notices, Notices from insurance companies indicating coverage determinations, documentation submitted by the patient, and copies of the patient's insurance card or policy coverage summary, that relate directly to the care of the patient. (v.) Amendments to PHI, or statements of disagreement by the patient requesting the amendment when PHI is not amended upon request, or an accurate summary of the statement of disagreement. b. The DRS also include copies of records created by other service providers and other health care providers such as first responder units, assisting ambulance services, air. medical services, nursing homes, hospitals, police departments, coroner's office, etc., that are used by the City as part of treatment and payment purposes related to the patient. Policy of Patient Access, Amendment and Restriction On Use of Protected Health Information Page 7 of 7 IKEN II RO. Box 2937 $oldotna, AK 99669 (907) ~60.5449 www. kenaiwatershed.org February 12,200~ · Kenai River, J'~ Z4t ~ Z$, 2OO ~l)e~ rl~,~.~.,yO/,br ~ ~p~t We urge you to j team in this effort. Familie~ from around the watershed will ioin us in cel~ration of our extraordinary fiver. 2001'~ event wa, a great ~u¢¢e~ with an e~timated 3,500 people in attendance. The festival is a time to reflect on the importance of the Kenai River in our lives; to celebrate its great recreational, economic and educational opportunities; to learn how we can take care of the River; and understand our part in the surviYai of the Kenai River. Su'qak and the salmon parade · Live Music (all day) · Hands-on children's science booth · Face- Painting · Run ~or the River · Live Raptor~ · Puppet shows · Salmon & burdto dinner~ · Local artist and vendor booths · ~ooden fish models for paining · Salmon hats for kids · Pathways to fishing exhibit · Agency g Organization information booths · and much morel There is no entrance fee or charge for any activity! ~~ I~ ~ ~./ Numerous volunteers offer their time for the weekend, but this labor of love is not enough. Your contribution supports the Festival activities! On the enclosed reply form, we have outlined all the benefits of sponsorship and the thanks you will receive in advertising, newsletters and web sites. Additionally, your contribution is tax deductible. Let us include you as a panner in this effort! Call us if you have any questions, Josselyn Burke, Kenai Watershed Forum at 907-260-5449. Sincerely, Brenda Stoops Fundraising Chair-Kenai River Kenai Watershed Forum "Citizens working together for community vitality in a healthy watershed" KENAI RIVER FESTIVAL 2003 JOIN THE FUN AND HELP MAINTAIN THE HEALTH OF THIS EXTRAORDINARY RIVER/. SPONSORSHIP LEVELS _ MAJOR SPONSOR $10OO AND UP Hands on Science Salmon Hats for Kids River Music/Center Stage Puppet Theater Activities for Children River Information Tent ~/ooden Fish Models Undesignated (MAJOR SPONSOR level will have mention on live radio remotes; full-size logo appear in ads, newsletters and web site; web link and a banner spot at the Festival. New sponsors, please supply us with logo (.jpg g .eps format), banner and your web address.) SPONSOR $500-$999 River Music/Center Stage Puppet Theater Activities for Children . River Information Tent ~ooden Fish Models Undesignated (SPONSOR level will have I/:2 size logo appear in ads, newsletters and web site, as well as a banner spot at the Festival. New sponsors, please supply us with logo (.jpg g .eps format), banner and your web address.) ..... CONTRIBUTOR $200. $499 Costume Makin~ River Information Tent Run for the River Undesignated (CONTRIBUTOR level will have their name appear in ads, newsletters and web site, as well as a banner spot at the Festival. New sponsors, please supply us with banner and your web address.) " BUSINESS $100-$199 FAMILY $50-$99 INDIVIDUAL $25 - !1;49 (Business, Family and Individual levels will have their name appear in ads, newsletters and web site, as well as being named at the Festival. Donations of $ I00 or more will have a web site link from our web address) Please keep my donation ANONYMOUS! ORGANIZATION NAME ,, CONTACT NAME ADDRESS PHONE NUMBER AMOUNT OF CONTRIBUTION ENCLOSED $ FORM OF PAYMENT: CC NUMBER CHECK (Please make check out to the Kenai Watershed Forum) ____ CREDIT CARD (VISA or MASTERCARD) EXP DATE SIGNATURE PLEASE RETURN ENTIRE SHEET TO: Kenai Watershed Forum, PO Box 2937, Soldotna, AK 99669 If you have any questions, please contact Robert or Josselyn at 907-260-5449 or josselyn@kenaiwatershed.org. THANK YOU! A RECEIPT FOR YOUR TAX DEDUCTIBLE DONATION WILL BE SENT TO YOU. 5 01 (C)(3) tax number: 9 I- 18 2 9 2 8 4 INFORMATION ITEMS KENAI CITY COUNCIL MEETING MARCH 5, 2003 . . , Winter/2003 Kenai Watershed Forum newsletter, Currents. 2/24/03 Central Area Rural Transit System, Inc. letter regarding request for funding. 2 / 24 / 03 Public Works Department, Project Status Report. Our Mission: Citizens Working Together For Community Vitality In A Healthy Watershed / At the Kenai Watershed Forum, we believe that education is the key to conservation. From class- rooms to chamber meetings, KWF is working creatively to help people better understand the wa- tershed. Our efforts include: Community Meetings: In Octo- ber we sponsored a meeting to discuss the six most contami- hated sites in the Kenai Water- shed. We also give presentations regularly at Chamber of Com- merce luncheons and KSRMA meetings. Summer Program: We take hikes, learn about the are@'s his- tory, icJentify mushrooms, and much more at these weekly events during the summer. Ali of our hikes are led l~y local experts ~nd historians. Above: Sixth grader Adam Zufelt checks dissolved oxygen levels in a water sample from Soidocna Creek. Below: Students Gabe Murray and Leesha Keener geC their hands wet at a recent field trip to Soidotna Creek Park. Schools: As part of our ongoing effort to.educate students, we are working with Lisa Roiph's 6th- grade class at Soldotna Elemen- tary School. This is also the time of year we help many high school students prepare for the Caring for the Kenai contest. Publications' Our guides and booklets are great resources. Our newest publication, a Willow Guide by Dominique Coilet, will be available later this spring. Other material is available at our office. I(enai River Festival: This is our big event. Hundreds of people come evew year to learn, have fun, and celebrate our watershed. This two-day event is filled with children's activities, artisian booths, fooct, and music. Fun for the whole family! River Library Welcomes Visitors The Kenai River Center's Li- brary is open for business. Jan Yaeger, who oversees the library as part of her job as the Fducation and Outreach Coor- 0inator at the River Center, says patrons will be able to find technical information about river systems, regulations, and construction methods. Develop- ers, biologists, and other agency personnel will find the library parciouiarly helpful. "We will have resources that are generally more technical than you would find in a public library," says Jan. Thanks to a grant from the En- vironmental Protection Agency, Jan iaegan working at the River Center in August. The Kenai River Sportfishing Association has do- nated $1 0,000 to help stock the shelves. Jan is now in the process Jan Yaeger encourages :he public ~o use the River Cen~er:s new Librar) of selecting and buying books to fill the library. The library currently has about ~00 volumes. Jan thinks it can hold 5 times that many books, in addition to cd-roms and maps. She welcomes input on the kind of resources the public wants pur- chased. "It's a work in progress, but it's open to the public and we want people to come in here and use it," she says. Who is KWF? Board of Directors: Dr. E}avict Wartinbee - Charles ~uarre - Ken Marlow - Mon~ Painter- Benlamin Jackinsky- Jeff King- Bill Carter Advisory Board: Catherine Cassidy- Peggy Mullen -Dan Chay- Mike Sweeney- Dick Troeger- Warren Hoflich- Will Josey- Sanne Berrio Sta~ Robert Ruffner - Ole Anclersson - Jan Yaeger- Josselyn Burke- Laurie Daniel How Are We Doin_o? We're interesteci in hearing from you. Write, fax, e-mail, or stop by; we are located on the 2nd floor of the i31azy Mall in Soldotna. Kenai Watershed Forum PO Box 2937 Soictotna, AK ~07-260-5449 ~07-260-541 2 (fax) robert@kenaiwatershed.org http ://www.kenaiwaterhshed.org Mark Your Calendar'. Landscapes of the ~enai River Watershed- Micro to Macro A photography Exhibit & Contest March 11 - April 14, 2003 Kenai Peninsula College Gallery Willow Guide By Dominique Collet Available to the public Kenai Watershed Forum Summer Program Look for a schedule of hikes and workshops in April Kenai River Festival June 14 & I5, 2003 Kenai Park Strip Run for the River June 14, 2003 Kenai Park Strip PHOTO CONTEST RETURNS The Kenai Watershed Forum is sponsoring our second photogra- phy exhibit and contest - The Many Land- scapes of the Kenai Watershed. Our first contest a few years ago drew more than 100 entries, and we expect this one to Joe even bigger. KWF President David Wartinbee, an accom- plished photographer, and Celia Anderson, who teaches art at Kenai Peninsula College, will judge the contest. The photo- g~aphs will be on display au the Kenai Peninsula College Galleny. Thank You to our Sponsor! . tn the Blazv .&'lalI Tell Best Photos Each Win $50 Contest Rules 1. Photographs must have been taken within the Kenai River Wa- tershed. 2. Photos may be any size. black and white or ooior. 3. All photographs must be framed and ready to hang. 4. Photos must remain hanging for the duration of the exhi.~it. 5. A maximum of four photo- graphs ma~/ice submi~ed per per- son. 6. Deadline to sul~mit is March 1. 7. All ptnotographs must be ac- companied with a prosmectus form, available at KWF. Entries should be delivered to the Kenai Watershed Forum office in the Blazy Mail. I I KWF MEMBERSHIP Thanks to the followino=, people for recently, contributin~o~_ to the Kenai Watershed Forum. If you would like .. renew your membership, become a new member, or send a donation, please contact us at 907-260-5449 or send a check to KWF. PO Box 2937, Soldotna. AK 99669. New Members Jeff King Will & Barb Burke River Steward $100 Jean Brockel Todd Boling Ron & Karen Martinelli Kenneth Hepner Peter & Bernadine Raiskums Ed Berg Mike Navarre Great Alaska Adventure Lodge Charles Quarre Chris Degemes & Bill Shuster Margaret Mullen Ken Marlow David & Kathy Wartinbee Jane & John Handy Chinook $50 Ancel Johnson Anglers Lodge Mark Dalton Eve Witten & Randy Hagenstein Dominique Collet Loretta Flanders & Richard Hahn Nathan Bally Bill & Molly Stockwell Kenaitze Indian Tribe Lisa Parker Joe & Billie Hardy David & Ginnv Litchfield Barbara Jewell Bob Shavelson Sockeye $25 Jack & Betty Dean Kelly Shea Mary Price George McDowell Mike & Susie Howard Robin West Ron Gravenhorst Betty & Jim Hams Dag Saanum & Brit Hillestad Warren & Elizabeth Hoflich James P. Bennett Louise Dubois Dorothy Baker Robin Veluce' Tanguy Betty Smith Smolt $10 Gerald Brookman Cheri Edwards Mark Luttrell Additional Contributions Austin & Jean Terrell Cathenne Cassidv & Erik Huebsch Cheri Edwards Kenai Watershed Forum PO Box 2937 Soldotna. AK 99669 Nonprofit Org. US Postage PAID Soldotna, AK Permit #40 CITY OF KENAI 210 FIDALGO AVE STE 200 KENAI AK 99611-7794 Central Area Rural Transit System, Inc. P.O. Box 993, Soldotna, Alaska 99669 (907) 262-8900 Fax 262-6122 "D riving Pe op le Happy !" We are an Equal Opportunity Agency. Auxiliary Aide and Services are available to individuals with Disabilities. February 24, 2003 John Williams, Mayor Linda Snow, City Manager City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 RE: Central Area Rural Transit System, Inc. funding request for FY 2004 Dear Mayor Williams and Manager Snow, Since we began delivering rides, CARTS has experienced tremendous success! Overall, We have delivered over 63,000 rides. I have included some charts showing our progress. CARTS, along with our contract providers, have driven almost 400,000 miles! We continue to develop and improve our service along with working to build relationships and coordinate with other agencies in the area. Taking into account the approaching closure of Big Kmart and the resulting loss of revenue to the City, CARTS' Board of Directors and I have decided against making a funding request for the upcoming fiscal year. All the same, I would like to arrange a time to meet with you and give an update on our program and plans for the upcoming year. I look forward to meeting with you and talking about CARTS! Sincerely, xecutive Director Project status Report A/aC / CitY Contact A ' JL Airport Security Fencing AcActive NC=Non-Construction F=Future STIP=State Trans. Imp KK - Keith Kornelis JL- Jack La Shot RS - Robert Spdnger MK - Madlyn Kebschull Jet- Jan Taylor Sm Preparing scope of work for FAA review and negotiating fees with Wince-CorthelI-Bryson. A KK Basin View LID Wm. J. Nelson & Associates is working on design. Bid this spdng for early summer construction. A KK a JL/RS Bridge Access W & S Feasibility Study City Hall HVAC Wince-CorthelI-Bryson has just about completed this project. We increased the scope to include preliminary design work. The project cost (including the increase) is split DEC/EDA. Documents complete. ) A MK Comprehensive Plan Public presentation of draft scheduled for February 12. Comment period through March 7. Public headng scheduled for May 14. A JL Contaminated Soils- Shop Report submitted to DEC. A MK Daubenspeck Economic Development Study $20,000 grant received. Study being conducted by Kevin W adng Associates in conjunction with the Comprehensive Plan. Quarterly report and bill due 1/15/03. Draft expected by 2/1/03. a JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. a JL FAA Site Site has been determined to be clean. After environmental is complete, we can begin transfer process to City. a JL Monday, February 24, 2003 Kenai AP ARFF/SRE Facility Finishing items. Change order coming .... Communications project nearly complete. Page I of 3 A/IlO/F/ KK Kenai Coastal Trail Corps has received funding for planning and answering permitting questions on this project...A meeting was held with agencies on January 28. The scope of work for sediment and hydrolic studies plus some of the biological study was discussed. A JL Library Improvements Schematics complete- awaiting further direction. A JL Maintenance Shop Preliminary plans and specifications complete. A KK McCollum & Aliak LID Resolution has set public headng on March 5. Construction funds not available until receipt of 2004 Muni-Matching Grant. a JL Multi-Purpose Facility Refrigeration Team shacks complete. Venting estimated at approximately $30,000. A KK Pillars LID - Chinook Ddve and Sockeye Circle Paved road 9/21/02. Topsoil and seeding to be done next year. a JL Runway Extension Environmental Assessment Project beginning. a KK Schooner Circle LID Wm. Nelson working on the engineering...bid this spdng for eady summer construction. a KK Title 17 Review and W & S Regulations Working with Larry...Completed revisions to W & S regulations. Adding a grease prevention regulation. Rate study is part of W astewater Facilities Plan which CH2M Hill has-submitted a report on. a KK Toyon Way LID Wince-CorthelI-Bryson working on the engineering. Bid this spdng for early summer construction. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. Monday, February 24, 2003 Page 2 of 3 A/NC/F/ A KK Prollm Nm W astewater Facility Master Plan Status Awarded project to CH2M Hill. At about 70% completion. They have submitted the W&S rate study. a KK WH 4 Looking at new sites for well. We received ADEC Grants, and the funds have been appropriated. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 02 & 03, ROW 04, Utilities 06, & Construction 06 with total cost $4 million. STIP KK DOT- Kenai River Flats Interpretive Site This is the rest stop and Birch Island Faciltiy near the Warren Ames Bridge. Design 04, Utilities 06, Construction 06. Total $1.9 million. STIP KK DOT- Kenai Spur Unity Trail Pathway Pedestrian/bike pathway along Kenai Spur from MP 2.8 to 8.2. Alaska Roadbuiders completed the steel casing across Beaver Creek near ROW for future water main. Alaska Roadbuiiders was Iow bidder at $2,138,117. If they can get the ROW near Eagle Rock, they would like to pave the entire path at the same time. A status report has been requested from DOT. Monday, February 24, 2003 Page 3 of 3 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM D: PUBLIC HEARINGS 1. Ordinance No. 1993-2003 --Increasing Estimated Revenues and Appropriations by $1,782 in the General Fund Library Department for a State Grant. 2. 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. 3. Resolution No. 2003-11 -- Directing the Continuation of the Project Entitled "McCollum/Aliak Paving L.I.D." and Designating What Improvements are to be Included in This Project. 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. 1995-2003 -- Amending KMC 23.40.080 and 23.40.120 to Allow Employees to Elect the Opt-Out Provision of the Public Employees Retirement System (PERS) as Stated in AS 39.35.150(b) and/or Opt Out of Municipal Medical and Hospital Insurance. 4. Discussion -- Schedule Volunteer Appreciation Event 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 D878/211 MAKE PACKET,S COUNC]:L PACKET D]:STR]:BUT]:ON COUNCIL MEETING bATE: Moyo~/Council t~ Attorney t~ TayIo~/Sp~in~e~/Kebschull Clerk e~ city Mono~er ~r Public Works Police Deportment ~ Finance ~ En~inee~ 5eniorCente~ ~ Airport ~ Kim Librar~ ~ Porks & Recreation ~ Clarion Fire Deportment ~ Blaine ~ilmon ~ A~,ENDA DTSTR]:BUT]:ON 5ewer Treatment Plant v/ Streets ~ 5hop / Dock ~/ Buildin~ Maintenance ~/ Animal Control ¢~ Woter/Sewe~ ~/ Counter v ~ i DELIVER Council Pockets to Police Deportment Dispatch desk. The Clarion & Gilman's Office will pick their pocket up at City Hall. The portion of the agenda published by the Clarion should be foxed as 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 C/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.