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HomeMy WebLinkAbout2003-05-21 Council PacketAGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 21, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt~' //www. ci.kenai.ak.us _ _ . ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: , SCHEDULED PUBLIC COMMENTS (10 minutes) Mt. View School/Fourth Grade Class -- Presentation of Class Project Video. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS , Resolution No. 2003-27 -- Awarding a One-Season Lease (June 1, 2003 to September 30, 2003) of Kenai Dock Stations No. 2 & 3 to R & J Seafood for the Seasonal Base Bid of $21,000 Plus $0.03/Lb. Over 700,000 Lbs. ,, Resolution No. 2003-28 -- Designating Legal Administrative Assistant Sheryl Padilla as Deputy City Clerk. ITEM E: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: ,, , MINUTES o *Regular Meeting of May 7, 2003. ITEM G: ITEM H: OLD BUSINGS ITEM I: NEW BUSINESS o Bills to be Paid, Bills to be Ratified e Purchase Orders Exceeding $2,500 e *Ordinance No. 2005-2003 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2003 and Ending June 30, 2004. o *Ordinance No. 2006-2003 -- Amending the Official City Of Kenai Zoning Map to Change the Zoning District of Those Certain Lands Listed on Attachment A to "Education Zone." , Approval -- Assignment to Lease/Kenai Municipal Airport, Space #9, Terminal Building -- Dorothy A. Fischer, Inc., d/b/a Alaska's Best Travel and Dorothy A. Fischer, Individually; and Alaska's Best Travel and Tours, Inc., d/b/a Alaska's Best Travel and Dorothy A. Fischer, Individually. , Approval-- Kenai Recreation Center Partnering A~reement Between the Boys & Gifts Clubs of the Kenai Peninsula and the City of Kenai. , APproval-- Proposed Meeting Schedules for City Commissions, Committees, Boards and Council on Aging , Approval -- Council on A~g By-Law Amendment 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 MAY 21, 2003 REGULAR COUNCIL MEETING REPLACE: ADD TO: ADD TO: CHANGES TO THE AGENDA 1-7, Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Item K-1, Kenai Police Department monthly report. Information Item No. 3 -- Additional letters from KCHS students regarding Recreation Center/Boys & Girls Club Agreement. REOUESTED BY: CITY CLERK CITY MANAGER CITY CLERK CONSENT AGENDA o o MAYOR'S REPORT Cemetery- future plans Thursday morning, EDD meeting in Homer; tour of new Island and Oceans Center (Ozzie Osborne go with) Brief comments about Wall-Mart. Feed prisoners fish. ~ ~Zm ~ mz~~~~m ~ m ~ ~Zm , < mz~~~~m~ m ~ ~Zm I mz~,~>~~m'~ m ;~ ~ U>Zm m ~ m mZm t'") 0 c:: Z I"1"! ITl Z 0 TESTIMONY SIGN-IN SHEET Suggested by: Administr~ CITY OF KENAI RESOLUTION NO. 2003-27 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A ONE-SEASON LEASE (JUNE 1, 2003 TO SEPTEMBER 30, 2003) OF KENAI DOCK STATIONS NO. 2 & 3 TO R & J SEAFOOD FOR THE SEASONAL BASE BID OF $21,000 PLUS $0.03/LB. OVER 700,000 LBS. WHEREAS, the City of Kenai did not receive any bids for the lease of Dock Stations No. 2 & 3 on April 24, 2003 at 2 p.m.' WHEREAS, the minimum bid was $23,500; and, WHEREAS, R & J Seafood has submitted the attached proposal to lease the dock stations for $21,000 ($2,500 less than the minimum bid); and, WHEREAS, R & J Seafood will also provide the labor to clean and maintain the restroom facility area including watering, fertilizing, liming, and mowing the lawn from June 10 to August 10, 2003; and, WHEREAS, the lease includes the dock areas, parking areas, offices, and two cranes; and, · WHEREAS, the recommendation of the Public Works Department is to award the lease of Dock Stations No. 2 & 3 to R & J Seafood; and, WHEREAS; the Council of the City of Kenai has determined that awarding the 2003 Lease of Dock Stations No. 2 and 3 to R & J Seafood is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award a One-Season Lease (June 1, 2003 to September 30, 2003) of Dock Stations No. 2 & 3 to R & J Seafood for the seasonal base bid of $21,000 plus $0.03/lb. over 700,000 lbs. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of May 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by F~nance: ~.~_ Bid Proposal Lease of Stations # 2 & 3 At the Kenai City Dock R & J Seafood agrees to lease the two Keani City Dock crane stations #2 & #3 for one season starting June 1~t 2003 and ending September 30, 2003. R & J Seafood agrees to pay the Total sum of $23,500. Twenty three thousand, five hundred dollars. R & J Seafood agrees to clean and maimain the restroom facility at the Kenny City Dock for a total of 60 days from June 10th, 2003-August 10th 2003. For this service the City of Kenny agrees to deduct the sum of $2500.00 from the total lease price making the total lease price for crane stations #2 &3 at $21000.00. R & J Seafood agrees to following pay schedule: June 1~t $6550.OO July 1 ~t 20% of total yearly base bid amoum July 20th 20% of total yearly base bid amount August l0th 30% of total yearly base bid minus agreed price reduction for labor performed for the city of Kenny. 30% of total yearly base bid minus $500.00 bid deposit. $4700.00 $4700.00 $4550.00 Submitted by: Randy Meier Vice President R & J Seafood Suggested by: Administra'~ .... CITY OF KENAI RESOLUTION NO. 2003-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING LEGAL DEPARTMENT ASSISTANT SHERYL PADILLA AS DEPUTY CITY CLERK. WHEREAS, KMC 1.25.030(a) allows, by resolution of the Council, for the designation of a Deputy City Clerk to perform the duties of the office of City Clerk in the event the City Clerk is not available; and, WHEREAS, due to budget restraints the position currently assigned this position was eliminated from the FY04 budget. NOW, THEREFORE, BE IT RESOLVED BY THE CouNCIL OF THE CITY OF KENAI, ALASKA, that the Sheryl Padilla be designated as the Deputy City Clerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of May, 2003. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk clf COUNCIL ON AGING MAY 1~ 2003 KENAI, SENIOR CENTER 10:00 A.M. ITEM 1- CALL TO ORDER/k ROLL CALL ITEM 2'. AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- April 3, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS ITEM NEW BUSINESS Discussion -- Update of By-Laws Discussion -- Presentation of Umted Way Grant ITEM 7: ,,, REPORTS Council on Aging Chair Director Council Liaison ITEM 8: ,, , OUESTIONS & COMMENTS ITEM 9: INFORMATION Council Action Agendas of April 2 and 16, 2003. ITEM 10: ADJOURNMENT COUNCIL ON AGING MAY 1~ 2003 KENAI SENIOR CENTER 10:00 A.M. CHAIR RICHARD JURGENSEN, PRESIDING MINUTES ITEM 1: CALL TO ORDER/k ROLL CALL Chairman Jurgensen called the meeting to order at 10'00 a.m. and the roll was confn-med as follows: Present: Absent: Hollier, Jurgensen, Jones, Wilson, Kuntzman Huddleston, Osbom, Harris ITEM 2-. AGENDA APPROVAL MOTION: Member Hollier MOVED to approve the agenda as presented and Member Kuntzman SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- April 3, 2003 Senior Director Craig noted she had received a call from Councilwoman Swamer who requested a correction be made at her report noting she would not be in attendance at the May 1 meeting. MOTION: Member Jones MOVED to approve the April 3, 2003 meeting minutes as corrected and Member Kuntzman SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS-- None. ITEM 6: NEW BUSINESS Discussion -- Update of By-Laws Craig referred to the by-laws which were included in the packet and noted, due to budget concerns, the City Council decided to make some changes to the number of meetings the commissions, committees and boards would have, changing them from monthly to every other month. Due to this change, the Council on Aging By- Laws would require an amendment. She asked the members if there were any other items in the by-laws which they felt needed to be discussed or amended. There were no comments. Discussion -- Presentation of United Way Grant Craig took the opportunity to review her presentation she would be making to the United Way Board of Directors to hopefully acquire funding for the following fiscal year. Her report included some of the following information' · The Kenai Senior Center has been "helping people to age with dignity and serving older Alaskans for 32 years." · It is a multipurpose center offering a range of services including, meals, transportation, congregate meals, outreach, therapeutic activities, information referral, social and community activities, educational opportunities, etc. Their target population is now 75 to 80 or frail. · There are approximately 560 residents of the Peninsula who are 80 years old or older; the Kenai Senior Center serves 267 of those seniors. · Their service area, based on Borough population, is one of the largest service areas on the Peninsula; they serve home meals from Salamatof to Clam Gulch two times a week and congregate meals five times a week. · The Center began in 1971 in a Wailer and when the program outgrew the trailer, they moved to Ft. Kenay. COUNCIL ON AGING MEETING MAY 1, 2003 PAGE 2 Craig also reviewed the Center's budgetary needs to cover the supplies, personnel, facility expenses, etc. and requested $22,000 from United Way for the fiscal year. ITEM 7: REPORTS Council on Aging Chair -- No report 7-b. Director-- Craig reported the following: · The NTS grant was finished and would be immediately submitted. * She would be making a presentation at the Borough on May 20 and should learn to what level their funding would be for the new fiscal year. 7-c. Council Liaison -- No report. It was noted Councilwoman Swamer would be absent for the June meeting as w¢11o ITEM 8: OUESTIONS & COMMENTS -- None. ITEM 9: INFORMATION ITEM 10: Council Action Agendas of April 2 and 16, 2003. ADJOURNMENT MOTION: Member Hollier MOVED for adjournment and Member Wilson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10'46 a.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING MAY 1, 2003 PAGE 3 CITY OF KENAI ~ith a past- Ci~-ith ~ £uture." AND PERSONAL DATA- FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: NAM E~_~~~ ~ ~ Resident of the City Residence Address Maning Address ~~ N~~ oF sPOUSe: C~e ne members~p - ''/ .... Howlong? _//~~.. ,- ,oc'~ Home Telephone No. r./?,:::¢ 7-~-~o°.-~- ~'.-~,~ Business Telephone No Email Address' ~ V~ ~'~V~~ ~X ~;~~Z;, ~20~ Job Title Pa~t organi~tional membersh_ip,:~/~7'r,'~ 5/' ~~0o r' oF/~ j~ _ ~COMMI .TTEES OR COMMISSIONS IN WHIC~H YOU AR~ INTERESTED: DO YOU W~T TO BE I~OL~D ~TH THIS COMMISS~N OR WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMI'I~EE MEMI , S~gnature ~ KENAI AIRPORT COMMISSION MAY 8, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: ITEM 11: CALL TO ORDER AND ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- February 13, 2003 March 13, 2003 April 10, 2003 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion-- Airport Noise NEW BUSINESS Discussion-- Terminal' Access Project Discussion -- Proposed Meeting Schedules for City Commission, Committees, Boards and Council on Aging. REPORT Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND QUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION ITEMS Kenai City Council Meeting Action Agendas for April 2 and 16, 2002. Updated Membership List. March, 2003 Enplanement Report ADJOURNMENT KENAI AIRPORT COMMISSION MAY 8, 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 7'00 p.m. Members Present: Members Absent: Others Present: Holloway, Bielefeld, Knackstedt, Versaw, Van Zee, Watkins Haralson Councilwoman Jackman, Airport Manager Cronkhite, Department Assistant Bondurant, Contract Secretary Roper- 2 students from the KCHS Government Class ITEM 2: AGENDA APPROVAL Chairman Knackstedt requested Kristine Schmidt be added under Item 4, Persons Scheduled to be heard. MOTION: Commissioner Van Zee MOVED to approve the agenda as amended and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- February 13, 2003 March 13, 2003 April 10, 2003 Chairman Knackstedt noted there was no quorums for the March 13 and April 10 meetings so the Commission will be approving the February 13, 2003 minutes only. MOTION: Commissioner Holloway MOVED to approve the minutes of February 13, 2003 and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Kristine Schmidt -- Airport Noise $chmidt reported she wrote to the Airport Manager regarding the Voluntary Rules and would like to see an ordinance developed to clear up the vagueness. Schmidt added, the current voluntary rules work fairly well, however, there are some violations. Schmidt requested consideration on the following: · Some of the Rules are unenforceable such as the 1000' rule so consideration needs to be given for better clarification. · A path map for pilots should be included. * The Rules should include protection of residential areas. · She's lived in the Woodland Subdivision since 1967 and has seen a lot of growth. Increased air traffic and tree removal has increased the noise levels. · Once an ordinance is developed, consideration needs to be given to punishing violators. · Include enforcement provisions in the ordinance, using the Animal Control Shelter's enforcement procedure as a guide. * The Rules should have some provisions for dealing with small aircraft. Schmidt feels the material included with her letter in a previous packet didn't give a true measure of noise in the residential area. · Requested a real airport noise study be conducted. Cronkhite stated an ordinance to regulate airport noise would be difficult, as the City does not control the air space. After a lengthy discussion it was determined Cronkhite would contact the City Attorney and request a legal opinion be available for the next regularly scheduled meeting. ITEM 5: OLD BUSINESS Discussion -- Airport Noise -- Discussed at Item 4-a. ITEM 6: NEW BUSINESS Discussion-- Terminal Access Project Phil Bryson with Wince, Corthell, Bryson provided handouts regarding the terminal access project and explained each item. Cronkhite noted the purpose of the discussion was to have the Commission recommend City Council approve the submittal of the grant application for FAA funding for the project. Cronkhite reported the FAA would not fund any part of the parking lot but they would cover access roads and ADA compliance work. Discussion followed regarding phasing the project and Bryson eXPlained the storm drain and electrical designs. Cronkhite stated more public meetings would need to be held but the first step is to get the grant application submitted. MOTION: AIRPORT COMMISSION MEETING MAY 8, 2003 PAGE 2 Commissioner Van Zee MOVED to recommend that City Council approve the submittal of the federal grant application for funding of the terminal access project and Commissioner Holloway SECONDED the motion. There were no objections. 80 ORDERED. F.encing of the General Aviation Area -- Cronkhite provided handouts of the area in question and explained the problem of fencing and parldng in the general aviation area. Cronkhite added, a work session would probably have to be scheduled in order to discuss the issue in more detail. Cronkhite drew attention to one of the handouts depicting a plan for more parking in the general aviation area, noting the area could be paid parking with a honor system pay box up to and including permit parking. Bielefeld stated his company would take at least 15 of those parking spots right now if spaces were available. He added, vehicle. parking for his company and employees is a real problem right now. A lengthy discussion followed regarding the proposed plans. Cronkhite stated a public hearing will be scheduled and she hoped to get more public comment. She added, a larger map of the area would be available and she will ask the FAA Planner, John Lovett, to attend. If anyone has any ideas for expanding and developing the area they should call the Airport Manager's office. Discussion -- Proposed Meeting Schedules for City Commission, Committees, Boards and Council on Aging. Chairman Knackstedt expressed concern with the proposed meeting schedule change and felt there would be more difficulty in getting people interested in sitting on the various commissions and committees. Councilwoman Jackman explained the reason for the proposed change and noted special meetings can be scheduled if necessary. After a lengthy discussion on the City's budget cuts and the hits other departments are talcing, the Commission agreed to have six meetings per year but would come back to City Council with a tentative schedule. MOTION: ,, Commissioner Van Zee MOVED the Airport Commission meet six (6) times per year and request that Council allow them time to review the workload and come back with a tentative schedule for approval. Commissioner Holloway SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Commission Chair -- Chairman Knackstedt reported the annual Central Peninsula Air Fair is scheduled for May 31 from 8 a.m. to 11 a.m. Cronkhite reported AIRPORT COMMISSION MEETING MAY 8, 2003 PAGE 3 over 200 invitations were mailed and volunteers and donations are needed. She added, early registration and the purchase of t-shirts can be made at her office. Bielefeld stated he would donate another certificate for a half-hour scenic flight for a door prize. 7-b. Airport Manager- Cronkhite reported the airport now has its own website; the address is www. KenaiAirport.com. Cronkhite welcomed Chip Versaw to the Airport Commission and thanked him for his participation. 7-c. City Council Liaison - Councilwoman Jackman noted the City Council agendas for the last two meetings were included in the packet. ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION ITEMS 10-a. 10-b. 10-c. Kenai City Council Meeting Action Agendas for April 2 and 16, 2002. Updated Membership List. March, 2003 Enplanement Report ITEM 11' ,, ADJOURNMENT The meeting adjourned at 8:55 p.m. Minutes recorded and transcribed by: , , Barbara Roper, Contract Secretary AIRPORT COMMISSION MEETING MAY 8, 2003 PAGE 4 MAY 12, 2003 KENAI COUNCIL' CHAMBERS 7:00 P.M. AGENDA ITEM 1: ,, , iTEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: b~ ITEM 7: ITEM 8: ITEM 9: ITEM 10: CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTEs -- April 7, 9.003 PERSONS SCHEDULED TO _~_E Hm_A~r~ OLD BUSINESS ,, Discussion -- Kenai Coastal Trail/Erosion Protection Project 1. Draft Bird and. Marine Mammal Surveys 2. 4/14 / 03 Corps of Engineers Project Update NEW BUSINESS ,,, Discussion -- Proposed Meeting Schedules for City Commissions, Committees, Boards and Council on Aging. Discussion -- City Dock Leases/R/hi Seafoods Discussion-- 5/2003 Kenai Harbor Rate Schedule REPORTS Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS/OU~STIONS INFORMATION Kenai City Council Action Agendas of April 2 and 16, 2003. ADJOURNMENT KEN~~OR COMMISSION MEETING MAY 1:2, :2003 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Chairman Thompson called the meeting to order at 7'03 p.m.' Members Present: Higley, Foster, Barrett, Spracher, Thompson, Simon (arrived at 7:06) Members Absent: Eldridge Others Present: Councilman Bookey, Director. Komelis, Dock Foreman Freden, Contract Secretary Roper (two students from the KCHS Government Class) ITEM 2: AGENDA APPROVAL MOTION: Commissioner Spracher MOVED. to approve the agenda and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- April 7, 2003 MOTION: Commissioner Barrett MOVED to approve the minutes of April 7, 2003 and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED... · . ITEM 4: PERSONS SCHEDULED TO BE, HEARD- None ITEM 5: OLD BUSINESS 5-a-1. 5-a-2. Discussion-- Kenat Coastal Trail/Erosion Protection Project Draft Bird and Marine Mammal Surveys 4/14/03 corps of Engineers Project Update Komelis indicated he had no current status reports on the above items. Discussion took place on the budget and Komelis noted the Corps pays close attention and have done a good job. Councilman Bookey noted the Benthic Study was being performed by the University of Alaska Fairbanks and he hoped they could be biased in their opinion. Bookey added, the State came down hard on~ the City of Kenai when they contracted with the University for a previous study and it would be interesting to see how this study would be accepted. ~ Komelis reported Glenda Landua is no longer with Fish and Game. Simon asked if the history of activity on the coastal trail project could be. made available to the Commission. Komelis will provide a. summary of activity at the next meeting. Simon' stated she thought the document might be a good thing to take to Commissioner Erwin with the Department of Natural Resources,.. ITEM 6: NEW BUSINESS Discuasion -- Proposed Meeting Schedules for City Commissions, Committees, Boards and Council on Aging. Councilman Bookey explained the reason for the proposed meeting change and advised the 'Commission special meetings could be scheduled as necessary .... Simon asked ffthe Commission, with less than a quorum, could meet. on some issues~~ without public notice. Bookey noted no forma/action could be taken and explained the Open Meetin§~ Act. Bookey added, he'd be hesitant ff that happened too much and. noted the protocol should be that it remained an advertised meeting. Bookey continued, it could become a situation where things are taking place without the involvement of Administration or Council and if it was misconstrued in the public, it could put the City in a legal ~ituation. Bookey recommended meeting~ take place an open public forum and if a work session is needed, the City Clerk is to be contacted. Di~cua~ion -- City Dock Leases/R&J Seafood Komelis provided an updated version of the proposal letter-from R&J Seafood and:.. noted there were few changes from the. letter included in the packet. · Komelis explained the original bid for the dock lease went out with an error; it' showed the minimum-bid at $12,500 and it should have been $23,500, which.was the same figure as previous years. There was only one bidder, R&J Seafood, for the first bid. Because of the error the City rejected the~:.bid, and went out with.a re-bid. Komelis, reported there were no bidders on the re-bid. · Komelis reported R/hJ Seafood contacted him and asked if they-could submit a ~. proposal for privatimation of the dock, boat launch and par~g for the Commi~sion'~..~ consideration. Komeli~ added, it's a working document and while reviewing the Rt~: Seafood'~ proposal, he and the Dock. Foreman took notice of several concerns that were not considered in the proposal. Kornelis listed the many items including the port-a- HARBOR COMMISSION MEETING MAY 12, 2003 PAGE 2 potties; buoys in the fiver; fuel spills and equipment; damage to the facility; crane certification; weights and measures; water testing; mud remove and maintenance;. water softeners; yard work; trash; oil on docks; pilings, etc.. Komelis explained the R&J Seafood proposal and noted they suggested splitting the revenue with the City and provided an overview of what the revenue might include. Barrett asked Randy Meier with R&J Seafood if he was aware' of the concerns Komelis listed and if it would still, be a viable option for him Randy Meier, R/hi Seafood, Kenat, Alaska -- Meier handed out two additional proposals for consideration which included some of the concerns listed by Komelis and noted these two proposals would take the place of the two submitted previously, Meier stated the minimum bid four years ago was $8,000 per crane and R&J overbid that on Crane 2 and 3 in order to get the lease. Meier-continued, the minimum bid was not $23,000, it would have been only $16,000 and added, the reason he was at the meeting was because of the new bid and referred to the April 7th minutes where it is. noted the minimum bid was stated as. being $12,500. Meier added, Komelis informed him on the phone the minimum bid was $12,000 and then was notified the day after he was the.only bidder and it wasn't in the best interest of the City. Meier continued, he was told the City now wanted to charge $23,000 and he didn't feel that was fight and he wouldn't run a business that way and he felt he was treated unfairly, but still wants to work with the City on the dock. Meier added, he was given one week to send in a new bid, which he didn't do because he could not afford it and there isn't a provision for him to submit a rebuttal or to even make an offer. Meier-reiterated his desire to continue working with the City on the dock and he-feels a different process is needed. Barrett asked if it was a miscommunication between the City and R&J Seafoods and Komelis. replied, there was a mistake with the first bid and he wasn't sure how the.' $12,500 figure got into the bid specifications, however, prior to bidding he spoke w/th. Meier and informed him the minimum bid would be the same thing he paid last year which was $23,500. Komelis stated the City has the option to reject any and all bids. for any reason and because of the admitted mistake, the bid was rejected. Komelis:. continued, the re-bid went out with the same price the City got the past few years' and the $23,500 price is as low as the City can go and with that rate, the City still loses' money. Discussion took place on what the minimum bid was four years ago and Meier stated R/hi Seafood bid on the crane Snug Harbor had after Komelis called them to seeif they would be interested, Meier added, at that time both cranes were $8,000. Meier noted, he's paying $8,000 more from four years ago yet the City has dropped their price 25% in the handling of the dock. When he-was told the bid was $12,500, he thought it HARBOR COMMISSION MEETING MAY 12, 2003 PAGE 3 included a 25% reduction. Meier added, as a businessman he can't and won't pay $100,000 so he wanted to offer suggestions to try to work something out if the City was willing and .wanted to work with him. Barrett asked the difference between the two proposals submitted and Meier replied,. the basic difference is Option 1 takes over the whole facility and Option 9. ba~ic~y takes over. just the dock portion. Barrett asked, after hearing the concerns listed by .. Komelia, if it would be a feasible operation for R&J Seafood. Meier stated he still had not received any numbers from Komelis on some of the items and he didn't know if the co~t~ are inflated or actual so he couldn't say for ~ure if it would feasible. Meier added, the numbers he put down are arbitrary numbers since he doesn't have any actual ~, costs. Bookey reported Council has reviewed the dock situation and voted to close the dock a month on each aide to reduce the co~t of operation. He added, with the work aes~ion~ and di~cu~ion~ Council had regarding the dock, it wa~ agreed the City would not lo~e any more money. Bookey continued, after reviewing both proposals, he'~ convinced .. neither would be a lucrative deal for the City as there is no lease amounts included.~ Meier cor~fi_rmcd there were not. Bookey stated, he would carry any recommendation~ to Council but asked the Commission to carefully review the proposals and projects.to make aure they are understood completely before making any recommendations. Meier asked if the City would be interested in entertaining an offer in just plain money; to go back the same way where RS~J Seafood would have no responsibility except to offload his boats and pay the City a certain amount of money, Meier added, this would now give the City three options to consider. Simon gave an overview of discussion for clarification purposes and stated she is :not in favor of either proposal. Simon stated, if R&J Seafood wasn't w~l!~ng to come up with $23,500 as a minimum bid and the City isn't wfl!iu§ to negotiate, then it appeared the only option Meier would have is a counteroffer. Simon continued,, the Commission had recommended to the Council operation on the dock would continue status quo with. certain reductions so this has already been whittled down to a certain extent. Bookey asked if the City Attorney had reviewed either document and Komelis replied, he had reviewed the one included in the packet and not the other three, Bookey ~t.~ted he would be reluctant to even discuss a proposal until a legal opinion was provided. Meier asked if the City would be w~!!~ng to take anything less than $23,500 as he is going to be left high and dry with less than a month to go. Meier said this should have been started in January and February and Bookey responded, Administration. didn:~c, do anything with this in January or February as the Council was reviewing the dock status and was considering closing it. HARBOR COMMISSION MEETING MAY 12, 2003 PAGE 4 Barrett asked why this was such a bad idea, adding he works for a facility run by another company who doesn't pay the City to be in the building. Bookey responded, the organization Barrett works for doesn't have the liability the dock has and h~ was looking at this through the Council's eyes and he wasn't comfortable in giving away the facility without any type of lease. Bookey continued, it comes to a point when one' has to consider whether it's more beneficial to keep the doors open or close them; sometimes the hard decision to close the doors has to be made. Bookey also stated the City would not relinquish the dip net fishery or the boat launch. Meier again asked if the City would entertain a bid for just the straight cash amount" with no responsibility'to take the dock, which would be under the $23,000. Bookey' replied, he couldn't speak for the rest of the Council but he wouldn't support anything less than $23,500. Bookey added, the City can lose more than $16,000 due to some accident and the City wouldn't want to take the risk. Barrett asked what would happen if the proposals didn't go through and there are no bids to operate the dock. Komelis replied, the dock would close, the City wouldn't sell fuel, and the Dock Foreman would go to work for the Street Department. Bookey~ added, even if there were no bids, anyone could submit a proposal to the City Manager who could take it to Council for approval; so other ~ options are available. Meier stated he had another option he hadn't submitted but no one has told him they were willing to entertain it. Bookey said it didn't matter if he entertained it or not and pointed out Meier had the fight to subm__i_t it to the City Manager. Meier stated he thought if he had a recommendation from the Commission before it went to Councit~ his chances would be better. Komelis added, he was glad the Meier was in attendance as most often Council would ask ff the Commission had seen the proposals. If they had not, the issue would have been sent back and more time would have been spent:~ Simon stated she thought things could be broken down at the dock between the City and R&J Seafoods and noted, she heard there might be some redundancy with insurance on the dock with the City's policy and R&J Seafoods. Simon asked ff RSt, J Seafoods made a proposal, could he be relieved of his dock insurance costs to eliminate the duplication of insurance. She suggested R&J Seafood's labor force could handle the fee collection of the boat launch and dip net fishery rather than the City hiring additional help. Simon continued, sharing the work down there could improve RSr, J' Seafoods' proposal and the City would still be able to maintain management of the- dock. Meier stated he is willing do to that as the $23,000 he paid to the City is not even close to his total cost, for the dock, which is $31,000. Meier added, if the insurance could be cut or other things can be cut, he would be interested. Thompson stated he wasn't comfortable with making decision due to lack of information. HA~OR COMMISSION MEETING MAY 12, 2003 PAGE 5 Foster asked if Meier would be interested in paying $16,000 and then supplying labor for the City in some areas to make up the difference. Meier stated he would ff they had someone like the Dock Foreman to tell them what to do. Thompson a~ked if the City would be willing to mm over the fee collection to an outside party and Komelis · answered, probably not and explained the checks and balances the City goes through for their own ~taff... Kome~ added, there i~ too much chance for more problem~. After additional.discussion on various options for. R/hi Seafoods, it was decided the Commission would not vote on a particular proposal but suggested Meier submit proposal to the City Manager'with a request that she take it to City Council for approval. MOTION: Commissioner Barrett MOVED to encourage R&I Seafood to meet with the City Manager and work with Administration and the City Council on an agreement to continue working, at the dock in a manner that is agreeable to both parties. Commissioner Higley SECONDED the motion. Komelis clarified the minimum bid as $23,500 and RSr. J Seafood is willing to pay $16,000. Rt~J Seafood would explore different options to offset the $7,500 difference to bring it clo~er to the minimum bid price. Bookey added, this need~ to be acted upon quickly and encouraged Meier to meet with the City Manager on May 13, 2003. VOTE: Eldridge ~arrett Thompson Absent Hi~ley [ Yes Foster Yes Simoni Yes Spracher Yes Yes Yes MOTION PASSED UNANIMOUSLY. Discussion -- 5 / 2003 Kenai Harbor Rate Schedule Komelis provided an overview of the 2003 Harbor rates. ITEM 7: REPORTS 7-a. Director-- No report. 7-b. Dock Foreman -- Freden provided a report on dock activities. 7-c. City Council Liaison- Councilman Bookey provided a report on recent Council activities. ITEM 8: COMMISSIONER COMMENTS!QUESTIONS HARBOR COMMISSION MEETING MAY 12, 2003 PAGE 6 Commissioner Barrett thanked Meier for coming in and encouraged him to continue- his work on the proposals. Commissioner Foster asked who controls the duck flats during hunting season. It was noted, it ia the State's responsibility but the City owns the land. Foster expressed- concern with the new bike path. and possibly the Coastal Trail and would like to see more control in the area. Komelis Stated only shotguns are allowed and after a brief discussion it was decided the item would be.placed on the next., meeting agenda. Commissioner Simon stated she. sits on the Fish and Game Advisory Commission and asked if anyone sees any illegal activity during the dip net season to iet her know. She would like to stay in the loop on those activities. Kornelis suggested she contact the police department as they have summer hires in the area. ITEM 9: INFORMATION Kenai City Council Action Agendas of April 2 and 16, 2003. ITEM 10: ADJOURNMENT Chairman Thompson stated the next meeting is scheduled for June 9, 2004. The meeting adjourned at 9:05 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary HARBOR COMMISSION MEETING MAY 12, 2003 PAGE 7 KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTMTY ROOM MAY 6, 2003 5:00 P.M. AGENDA ITEM 1' ITEM 2' ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: CALL TO ORDER/h ROLL CALL , ,, AGENDA APPROVAL APPROVAL OF MINUTES -- April 1, 2003 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion-- Library Budget Concerns Discussion -- Proposed Meeting Schedules for City Commission, Committees, Boards and Council on A~ing. REPORTS Director Friends of the Library City COuncil Liaison COMMISSIONER COMMENTS/QUESTIONS INFORMATION Kenai City Council Action Agendas of April 2 and 16, 2003. ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTMTY ROOM MAY 6, 2003 6:00 P.M. CHAIR EMILY DEFOREST, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairperson Emily Deforest called the meeting to order at 6:00 p.m. Members Present: Heus, DeForest, Brown, Coon, Peters, Brenckle, Rodes (arrived at 6:20 p.m.) Others Present: Councilman Moore, Director Jankowska, Contract Secretary Roper, and three students from the KCSH Government Class ITEM 2: MOTION: AGENDA APPROVAL Commissioner Brenckle MOVED to approve the agenda. Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- April 1, 2003 Director Jankowska requested the following corrections: Item S-a, second paragraph, Foundation training .... Cindy Galic attended the Bill and Melinda Gates The last sentence of Item 5-a should read, '...content server because it houses too many other programs." The second to the last sentence of Item 5-a, should read, 'Kenai should consider joining the other libraries." MOTION: Commissioner Brown MOVED to approve the minutes as amended and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5' OLD BUSINESS-- None. ITEM 6' NEW BUSINESS -a. Discussion -- Library Budget Concerns Jankowska reported the Friends of the Library had offered to fund one part-time position but Mayor Williams had provided funds to retain one part-time position by taldng $16,000 from the book budget leaving $8,000 in the book budget. Jankowska stated, if the State grant is approved, an additional $6,000 would be available for books. Jankowska asked if the Friends of the Library would supplement the book budget or do a fundraiser for books. Other budget cuts were discussed and Jankowska indicated a copy of the full budget would be available at the next meeting. Jankowska continued with the Director's report: · The Turn-Off-TV event was held on April 27th and 27 children attended. · The Gates computers are installed and difficult to use as they are very secure. A demonstration will be held at the next Library Commission meeting. · The library will begin updating the catalog next week. · There are more people utilizing the Intemet at the library. · The library will attempt to purchase as many books as they can with the limited budget. · DeForest reported the Mayor requested the library seek alternative means for funding and if anyone ha~ any ideas to contact her. DeForest continued, the Mayor suggested charging for library carda but she felt that may be a waate of effort. Discussion was held on the amount of library revenues that go directly to the General Fund. , Discussion -- Proposed Meeting Schedules for City Commission, Committees, Boards and Council on Aging. DeForest reported the City would like to have all commission and committee meetings held at City Hall because the recording equipment, is more reliable. Councilman Moore added, the public is used to attending meetings at City Hall as well. Commissioner Rodes arrived at 6:20. After a general discussion the Commission requested the following: * The proposed meeting schedule be changed to February, April, June, August, October, and December. · The meetings continue to be held at the Library at 6'00 p.m. Moore will bring the requests to City Council for approval. LIBRARY COMMISSION MEETING MAY 6, 2003 PAGE 2 DeForest welcomed the students from KCHS and asked for introdUctions. ITEM 7: REPORTS Director -- Provided above. 7-b. Friends of the Library -- The book sale is scheduled to begin June 12m at 5:00 p.m. The tent is available for Friday only so the location of the Saturday sale depends on the weather. Donated books can be brought the library. 7-c. City Council Liaison -- Councilman Moore reported the following: · Council continues to work on the budget. A work session with the Boys & Girls Club, Parks & Recreation Commission and City Council is scheduled for May 6th to discuss the draft agreement. Discussion ensued regarding the draft agreement between the City and the Boys & Girls Club. Moore encouraged those interested to attend the work session following this meeting. ITEM 8: COMMISSIONER COMMENTSIOUESTIONS When asked if the students had any questions, they asked about the budget cuts for the library. Brenckle expl~ed the cuts. DeForest thanked the students for attending the meeting. .. Commissioner Brown asked that book donations be brought the library. It was noted the KCHS library has many books that will be removed. Crystal from the Goverr~ment Class will check to see what their librarian intends to do with them. Heus indicated the Friends of the Library would help pick up the books if they could be donated to the book sale. Commissioner Heus thanked the students for participating in the meeting. Commissioner Peters asked about the Anchorage library registration card that was included in the packet. DeForest explained it was a request to find money. Peters asked if Reports could come before Old and New Business on the agenda and also thanked the students for attending and noted there are always volunteers needed to fill vacancies on.the boards and commissions. Discussion took place on a replacement for Coon. Commissioner Coon reported this was her last meeting.and thanked everyone for the time she was able to spend with the Commission. MBRARY COMMISSION MEE-~ING MAY 6, 2003 PAGE 3 Commissioner Brenckle thanked Coon for her participation and wished her luck in the future. Commissioner Rodes asked if there were any guidelines for the donation of books to the library. Jankowska explained the procedure and noted donations could be made either monetarily or by books. ITEM 9: INFORMATION Kenai City Council Action Agendas of April 2 and 16, 2003. ITEM 10: ADJOURNMENT The meeting adjourned at 6'50 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary LIBRARY COMMISSION MEETING MAY 6, 2003 PAGE 4 May 2003 E Sun Mon Tue Wed Thu Summer Reading starts soon at the Kenai Community Libraryl The program theme this year is "Laugh it up @ your Library." Dog and humor related stories and activities will be featured. Registration begins on May 27 at the Library. 11- Mother's Day 18 12 19 6:30-8:00 Intemet Class 5:45 p.m. Friends Meeting 6 p.m. Library Commission Meeting 13 20 6:30 p.m. Totem Tracers 27 7 p.m. Book Club Meets at Buster's Coffee House 14 28 11:00 a.m. TODDLER STORYTIME 7 p.m. City Council Meeting 11:00 a.m. TODDLER STORYTIME 21 11:00 a.m. TODDLER STORYTIME 7 p.m. City Council Meeting 11:00 a.m. TODDLER STORYTIME I 10:30 a.m. PRE-SCHOOL STORYTIME 6:30-8 p.m. Writers' Group 8 10:30 a.m. PRE-SCHOOL STORYTIME 15 10:30 a.m. PRE-SCHOOL STORYTIME 6:30-8 p.m. Wdters' Group 22 10:30 a.m. PRE-SCHOOL STORYTIME 29 10:30 a.m. PRE-SCHOOL STORYTIME 6:30-8 p.m. Wdters' Group Kenai Community Library 163 Main Street'Loop Kenai, Alaska 99611 Phone: 907-283-4378 Fax: 907-283-2266 Email' library@ci.kenai.ak.us 16 Fri Sat 10 1 p.m. Totem Tracers Research Saturday 17 23 30 Hug your cat Day 31 Book Drawing Library Hours Monday-Thursday 10 a.m.- 8 p.m. Friday-Saturday 10 a.m.- 5 p.m. Sunday Noon- 5 p.m. We are on the Web! Http ://www.kenailibrary.org K e.n a'.i~, commu!nlii~ Summer Reading registration begins May 27th. An Intermediate Internet Class will be held on May 12 at 6:30 p.m. in the Li- brary Conference Room. The class will cover strate- gies used when conducting research on the Internet. For more information or to register over the telephone call 283-4378 and ask for Julie The Book Club will meet May 27 at Buster's Coffee Shop at 7 p.m. to discuss The Seven Pillars of Wis- dom: A Triumph by T.E. Lawrence. Anyone inter- ested in reading and shar- ing what they have read is encouraged to join us there for great coffee and stimu- lating conversation. Laugh it up @ your Library is this years theme for Summer Reading. All participants will receive a book bag, reading record, and bookmark. Ail participants Who return their reading record by Wednesday, July 2 are invited to our WRAP-UP PARTY on July 7. The Writers' Group will meet on May I and 15 at 6:30 p.m. in the Library Conference Room. Any- one who enjoys writing for profit or pleasure is invited to attend. The theme of this years Kachemak Bay Writers' Conference is Can Writers make a Difference ? The conference will be held from June 22-26, 2003 in Homer, Alaska at the Land's End Resort with over 30 lectures, work- shops, panel presentations and readings. Form more information call (907) 235- 7743 The Totem Tracers Gene- alogy Society will meet Tuesday May 20 at 6:30 pm. in the Library Confer- ence Room. Loretta Mat- son will conduct a work- shop on Analyzing Hand- writing. Resource Satur- day will be held on May 10 at 1 p.m. in the Library Conference Room. Enter a drawing to win a free copy of Portals in a Northern Sky by Charles Douglas Hayes. New On The Library Shelf! Before you put your boat in the water this spring. The library has a video se- ries that will help you stay safe while on the water. The four part video series Safety & Survival At Sea covers the following top- ics: Medical Emergencies at Sea, Safety Equipment & Survival Procedures, Fire Prevention & Control, and Fishing Vessel Stability. The University of Alaska Sea Grant Marine Advisory Program produced the video Fisheries Safety and Survival Series that covers Sea Survival, Hypo- thermia, Cold Water Near Drowning and Shore Sur- vival. May 17th-23rd is National Safe Boating Week, which was created as a way to bring boat- ing safety to the public's attention, decrease the number of boating fatalities and make the waterways safer for all boaters. The following websites have useful boating safety informa- tion. Http:/Iwww.safeboatingcouncil.org-The mission of the National Safe Boating Council is to enhance the safety of the recreational boating experience through education and experience. Http:l/www.boatus.orglonlinecourseI-Boat U.S. Foundation offers two online boating courses (General Boating Course and the Personal Watercraft Course) that will test your nautical knowledge. Participants receive a certificate upon successful completion Http:ilwww.boatsafe.cominauticalknowhowlsafetips.htm.Some of the information available from the Nautical Know How website · Procedure for abandoning ship, Firefighting basics for all boaters, boat accident reporting, Navi- gation lights-is your new (or not so new ) boat legal? KENAI PARKS/~ RECREATION COMMISSION MAY 1, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5- a~ ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: ITEM 11: CALl, TO ORDER/h ROLL CALL AGENDA APPROVAL ApPROV~ OF MINUTES -- April 3, 2003 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Kenai Recreation Center/Boys & Girls Club NEW BUSINESS Discussion -- Proposed Meeting Schedules for City Commissions, Committees, Boards and Council on Agin§. REPORTS Commission Chair Director City Council Liaison COMMISSION QUESTIONS & COMMENTS PERSONS PRESENT NOT SCHEDULED TO BE HEARD INFORMATION Council Action Agendas of April 2 and 16, 2003. Beautification Committee Meeting Minutes of April 8, 2003. ADJOURNMENT KENAI' PARKS/h RECREATION COMMISSION MAY 1, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. VICE-CHAIR JACK CASTIMORE, PRESIDING MINUTES ITEM 1' CALL TO ORDER/k ROLL CALL Vice-Chair Castimo~'e called the meeting to order at 7'05 p.m. and roll was confumed as follows: Members Present: Members Absent: Others Present: Baxter, Gifford, Sandahl, Castimore, Hultberg Wisniewski, Steiner Councilwoman Porter, City Manager Snow, City Attorney Graves, Director Frates, Contract Secretary Roper ITEM 2: AGENDA APPROVAL With no additions and/or changes noted the agenda was approved as presented. ITEM 3: APPROVAL OF MINUTES- April 3, 2003 The minutes of April 3, 2003 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD - None ITEM 5: OLD BUSINESS Discussion- Kenai Recreation Center/Boys & Girls Club Castimore opened discussion and provided an overview, by section, of the draft' agreement between the City and Boys & Girls Club (Club). A five-minute at ease was taken at 7'25 p.m. in order to make more copies of the draft agreement. Meeting resumed at 7:30 p.m. The Parks and Recreation Commission made the following comments regarding the agreement: . · Hultberg asked if the reason behind the Club taking over the Recreation Center was the result of a budget shortfall and City Manger Snow confirmed it was and provided a report on the cuts the City would be forced to make in the Recreation Center budget if the Boys and Girls Club agreement is not approved. · Hultberg asked why the City would pay the Club $125,000 to manage the Center and not use the funds to operate it themselves. Snow replied, the $125,000 is a professional service fee and the City could not operate the Center on that amount. Snow added, the City realizes now the Club could take over the Center at less cost and possibly enhance its various programs. Tina Herford, Executive Director of the Club stated the fee would go toward staffing costs to continue the facility. * Baxter asked if the City considered a grant to offset the $125,000 fee for the Club and Snow replied, the City is not aware of any grants available at this time, however, most grants go toward specific uses and not operational costs. Castimore stated he was familiar with federal educational grants and it is normal to use a portion for administration purposes. Attorney Graves stated the agreement calls for $125,000. If a grant were obtained; it would be used to enhance programs at the Center. · Baxter asked if the Club were to get additional funds, would the $125,000 fee be reduced. Peter Micciche, PreSident of the Boys & Girls Club Board of Directors replied, the agreement is for three years and a reduction could be considered if the Club is doing well after that period. Hultberg asked if the Club received big grants in previous years. Herford stated, the majority of the grants they pursue would not fund the operating costs; rather they are geared towards specific programs. Hultberg asked if it would be easier for the Club to obtain grants if they were partnered with the City. Micciche answered, it may bring additional opportunity for grants and added the Club just hired a person for development so they will be pursuing new grants. Micciche added, the amount of time spent on the agreement with the City doesn't leave much for pursuing grants. . Hultberg asked if other cities do partners~ps like this. Herford replied, the Club has several across the nation and there are two in Anchorage. Graves added, the agreement is modeled with the Mt. View Club in AnChorage and explained that program. Graves stated a copy of the National partnership is available for review. · Hultberg, referring to Item 8 in the memorandum referencing the agreement, asked ff the fee for general use of the facility was the Club's standard fee and pointed out, currently the kids don't pay anything to use the Center. Micciche replied, the Club hasn't reached that point yet but users would be required to be members of the Kenai Club. Herford added, the annual fee is $20 per calendar year and $10 annually for any sibling. Herford continued, no one is ever turned away and they do offer scholarships for those who can't afford the fee. Every child who wants to participate is allowed the opportunity. · Baxter asked what the hours of operation would be and Micciche replied, it is the intent of the Club to keep the same hours and programs until November 15, 2003, at which time there would be an assessment of usage and, if necessary, adjustments would then be made. · Baxter asked about the cuts the City had intended if the Club did not come forth with a proposal. Frates explained the proposed cuts and the use of the facility the past year, pointing out the reduced hours had been discussed previously. * Hultberg, referring to Attachment B, page 2, Section 3, Services, hoped the services already provided would be a priority noting he had talked to several seniors who are concerned they would lose their ability to use the facility. Hultberg added, he didn't think the Club realizes just how many seniors would be affected. Micciche stated there has been more inaccurate information passed around than accurate and part of the reason is they were still working through the agreement. Micciche added, because this is such a new process, neither parties have had the PARKS & REC~ATION COMMISSION MEETING MAY 1, 2003 PAGE 2 opportunity to get the correct information out. Micciche continued, the section was included in the agreement so they could legally provide the services and let the public be aware they are not going away. Micciche stated it was important to them to write into the agreement the requirement for four meetings per year with the Parks & Recreation Commission as they would rely on the members for their valuable input. Micciche added, the success of the Club in the community depends upon delivering the fight product to the right people and the Commission would be relied upon to let them know what those products are. · Sandahl asked if the City and Club received any feedback from anyone since the proposal. Snow stated she had contact with two individuals. Micciche stated he received several phone calls and e-mails, all of which started out negatively until the intent was properly explained and they all became positive. Micciche added, it's very important for the concerned community members to read the agreement so they can see what it really represents and if they are still uncomfortable, they are welcome to meet or contact him to talk it over. · Sandahl stated this is the most controversial item he's been involved with in his 20 years with the Commission and he had at least ten to twenty people stop him to voice their concern. Sandahl added, there must be some validity to the Comn~ssion if members of the community are contacting them instead of the City or City Council. Sandahl voiced concern with the rushed timeline of the agreement and how it was presented; the lack of protocol; and the fact that the Commission was advised of the proposal after the fact. Sandahl also voiced concern about the May 6~h work session for which he had just received notification. He asked how many more work sessions are going to be required before a decision is made and also wanted to know how the Commission would fit into the decision-malting process. Sandahl added,-the word on the street from close to 100 individuals is, regardless of what happens with the Commission, the agreement is a done deal and it will happen fast. Sandahl asked if action was expected on behalf of the Commission at this meeting since this was the first time the issue was really reviewed. Sandahl also asked, either the Commission be kept in the loop or be taken out of the loop, because it was a very precarious position to be in trying to answer questions from community members when he doesn't know the answers. Sandahl asked the following questions: · Why would the City give up one facility (the Center) and at the same time expand another (the multi-purpose facility) for Arctic Winter Games? Frates announced there had been talk of enclosing the multi-purpose facility but the Borough made the decision to install temporary enclosures. The restroom facilities would also be temporary. · Assurances should be made to the young people who cannot afford to pay for the facility that they will not be turned away. Graves stated such a clause could be added to the agreement. PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 3 * How does the Club intend to handle the skateboard park since it probably would not be moved to its new location until late August? Frates answered, the skateboard park was never a part of the Center and will not be the responsibility of the Club. Frates added, FAA just gave approval for use of the property at the softball field and funds have been requested for the asphalt and fencing. . Referring to the article in the paper about Home Depot's interest in the K- Mart property, would there be an opposite knee-jerk reaction to this news? Snow assured the Commission there will be no reverse knee-jerk reaction as the Council. wants to proceed very cautiously as they are also concerned with other increases which include PERS, insurance premiums, and loss of investment income. Snow added, K- Mart was just a portion of the problem. . What are the actual maintenance and utility cost for the facility? As the information wasn't readily available, Snow stated her office could provide the information. Snow added, the City still owns the Center and will be responsible for its maintenance no matter who is in it. · Sandahl stated he would rather see the money spent on banners to be put toward the recreation center. · Sandahl expressed concern for the future of the men and women's basketball programs. Graves conf~Tned the programs were included under services in the agreement, noting there had been a lot of feedback on the subject. · Would the Kenai Central High School basketball practice continue at the Center? Herford answered, the Club collaborates with the school district for other programs and will make every effort for this one to continue. Sandahl suggested the issue be put in writing to say the program will be allowed to continue. Micciche stated they would give it all due consideration. · Referring to Section 33, Sandahl stated the term "liaison" means nothing and another term should be used though he had no suggestion for another. Sandal expressed concern with the insurance and the liability of the City. Graves stated it is common for both entities to carry an additional insured on their policies; in essence there is double coverage. . Sandahl stated it is very important to be able to see the proposed fee schedule of the Club. . Sandahl asked why the duration of the agreement is three years and not five. Micciche replied, the typical duration for such an agreement is ten years and they weren't comfortable with that length of time, so it was reduced to three years. Graves further explained the reason for the term duration. Commissioner Hultberg had the following questions and/or concerns: · Referring to item 10 of the cover memorandum, Hultberg expressed concem with the employees at the Center losing their jobs a_nd wanted to know why they had to be terminated. Graves answered, the City will no longer manage the facility, therefore, the Club will utilize their own employees. Graves added, the clauae in the agreement ensures the Club will consider hiring the current employees. Hultberg again reiterated his concern with the employees losing their jobs and asked what provisions were in place to 'have someone at the facility the day the Club took PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 4 over the facility. Herford answered, interviews would take place prior to them moving into the facility. · Hultberg stated there is a lot of concern with the "little kids" taking over the Center once the agreement is approved. Herford explained the Club has an existing teen program that would be moved to the Center; the remaining programs would remain in their current location. · Hultberg asked about the fee for use of the facility and Herford noted, no decision had been made yet with regard to fees. Micciche added, there is a very good chance there would be a fee and reiterated, no child would be turned away if they couldn't pay. · Hultberg stated, host cities for the Arctic Winter Games usually get money for buildings and asked if Soldotna would get the money and not Kenai. Frates stated that was a possibility.~ Additional concerns were noted as: · Commissioner Gilford expressed concern with those kids who utilize the Center who don't frequent the Club and don't want to be associated with them. Micciche stated, there are kids who don't want to be associated with the Club but most adapt to change and he hoped that would be the case here. Gifford added, she contacted the Muldoon Club in Anchorage and was unable to speak to the director but the girl she spoke with was very positive about their program. · Commissioner Baxter asked if there was any anticipated close down time for transition purposes. Snow replied, the Club would move fight in and no closure is anticipated. · Baxter expressed concern with the issue being pushed too quickly and the City is operating in a panic mode noting it took two years for the Anchorage Clubs to plan and set up a deal. Baxter added, he feels the City should wait and get more people involved in the decision making process to eliminate the misinformation problems that exist now. · Gffford stated she had heard several comments regarding misinformation and she has made very effort to alleviate the fears of the concerned members of the commumty. · Baxter asked why the City didn't go out to bid on the Center and Snow replied, it was never the intent to go out to bid; the City sought a professional services contract as the City is not interested in opening it up to a gym-type situation. Snow added, she did receive one call from a person interested in the Center and he was advised to write a letter to the City Council. · Hultberg asked if the Council was going to vote on the agreement at their next meeting on May 7t~. Snow replied, she didn't think the item was on the agenda. Hultberg suggested that better public relations be done on the issue so that correct information gets out to the community. Snow stated the City prepared a fact sheet and it is available on the website as well as at the Center. It was also noted, Mayor Williams was preparing an article for the newspaper. PARKS & REC~ATION COMMISSION MEETING MAY 1, 2003 PAGE 5 · Hultberg asked if the Club were aware of the goals and objectives of the Parks and Recreation Commission. Snow replied, they were not and she will make sure they are brought forward. · Castimore expressed concern with the Center employees being properly trained in CPR. Herford assured the Commission all their employees are properly trained. · Castimore asked if the Commission is needed if the Center goes away. Councilwoman Porter stated they most certainly would be needed as the City still has the ski trails, skateboard park, multi-purpose facility, softball fields, etc. Porter again listed the cuts all City departments .are facing. Discussion took place regarding a decision by the Comnfission on the issue and Sandahl asked why the issue couldn't be tabled for two or three months to allow adequate time for input from the community. Snow replied, this is the only portion of the budget that had not been approved and it needed to be dealt with as the City could not operate beyond June 30th- Graves suggested, if the Comm/ssion is not prepared to make a decision at this meeting, they should attend the work session on May 6th to voice their concerns. Additionally, a request could go to Council at their May 7th meeting to approve a special meeting later in May when the Commission could vote on 'the issue. BREAK TAKEN: 9:05 P.M. BACK TO ORDER: 9:15 P.M. Castimore opened the meeting to public comment and asked that comments be limited to five minutes. Carol Brenclde, Kenai, Alaska had the following questions/concerns. · The actual cost involved to the City above the $125,000 to include utilities, specific repair and maintenance, and t~lephone. · What is the actual cost of insurance and how much the City is subsidizing the transfer of the Center to the Club? Graves replied, the insurance is already being provided under the City's general liability coverage and it would be difficult to break out the actual cost for just the center. Graves added, the insurance is a cost the City haa no matter who is in the facility and Administration is focuaed on the cost saving~ to the City as it is a better analysis. · Noted the $125,000 base amount could increase as early as November 15, 2003 and asked if the City would make a special appropriation should the Club be unable to manage the existing resources they have. Graves responded, as with any contract, the parties could amend the agreement. Graves continued, the contract provides a minimum of $125,000 for professional services which would be reviewed every year to see ff the amount is appropriate. However, the City could not be forced into paying more and there is no automatic cost increase provision. · What would happen if the Club approached the City for more money and the City refused? Graves replied, the contract continues for three years. PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 6 · Is the Club only agreeing to maintain the fee schedule up to November 15, 2003 and at that point are they allowed to increase the fees? Graves co~ed that was correct and added it is the philosophy of Administration that an entity cannot be given responsibility for the center without giving them some authority in the decision making. Castimore informed Brenckle her time was up and Brenckle asked for and was afforded additional time. · She had not seen the proposal from the Club as to what they are going to do with the Teen Center program and questioned whether they had familiarized themselves with the adult program. She requested documentation on what their plans are and Graves responded, the Club are aware they have a program to which they have to react and adapt. Graves continued, the premise of the agreement is they have to have flexibility and the City cannot micro-manage them as it will not work. · Stated she felt there was no longer a forum for the residents of the City of Kenai and stated this was being run by a private entity. Brenckle added, it's a matter of great concern to her because if the residents don't like what the Club is doing, there is nothing they can do because the City is tying their hands for a period of three years. Micciche, in an effort to clarify the statement made about a review on November 15, 2003 to increase the fees stated, the review will be on the fees, not a review to increase the fees. Micciche stated there is no plan to increase fees. Brenckle responded, she has heard Micciche state many times he is unwilling to commit the Club to the continuation of the programs and the fees. A general discussion ensued regarding guarantees of maintaining the Center services. Snow added, there are no guarantees except one, without the agreement there would be reductions and fee increases effective July 1 ~t. · · decision. Bob Molloy) Kenai, Alaska -- Submitted a letter from Kristine Schmidt who was unable to be at the meeting due to travel obligations. Molloy, a user and sponsor of basketball games, made the following comments: · Agrees the Club does an excellent job with the kids. · Is cynical enough to feel this is a done deal no matter what he says, however, he's spoken three times against the subject and will continue to do so until it's over. Feels the proposal has come on too fast. Feels there isn't enough information in order for Council to make a sound · Would like to see a recommendation made to Council to table the issue until the next fiscal year in order to consider all other options. · The City should look at the discriminatory fee structure; why do some entities pay and others do not. · The City should consider raising user fees. · Feels this is presented as though there are only two options and feels there are others to consider. Molloy added, he thought perhaps some of the $87,000 PARKS & REC~ATION COMMISSION MEETING MAY 1, 2003 PAGE 7 beautification budget could be used for the Center. Molloy made reference to the fact that women hold the three positions being cut and a man holds the one remaining position. Molloy doesn't think it's about the numbers but something else. · Feels the City should consider the option of going out to bid on the Center if they want it to go to private enterprise. · Feels the Teen Center is not listed as a priority and it should be. · Feels it's prudent for the City to look at other alternatives before locking itself into a three-year deal. · Feels the agenda is for young adults and kids but adults would have to go to other gyms in the area. Jan Echternach, Kenai, Alaska made the following comments: · Is a seven-year employee of the City and is tak/ng this personally. · Concerned employees are not given enough time to know what their fate is going to be as there are many who will be sunk without this income, including herself as her husband is being laid off from Agrium. · Feels the time she has spent and the issues she had to deal with in her job at the Center should account for something for what is going on. · Feels the City could do more for their employees by considering job sharing; for instance, taking someone from the Center to work with the City Clerk. At the same time, Fire Department personnel offered to work in the Center. · Would like some assurances from the Club with regard to salary, benefits, etc. Is concerned she would be paid minimum wage for a job she's done for years. · Is concerned for having to be interviewed for jobs the staff has held for years by someone who doesn't have an idea of what they do. · Announced there is staff that will not stay to train if they are not picked up. · Feels there are other alternatives such as keeping the facility for another year and begin charging. Mark Necessary, Kenai Alaska made the following comments: · Is concerned things are the same as they were in March, except for more meetings being scheduled. · Feels the Club is getting a heck of a deal, noting $125,000 is the minimum not maxSmum fee.. · Wanted to know how much revenue the City would recognize from the facility once the Club takes it over. Castimore thanked Necessary and noted more than 25 years ago Necessary and Dick Morgan drew up plans for the Center over a cup of coffee at the Katmai. Castimore added, all of the children in Kenai have had the opportunity to enjoy it and again thanked Necessary. Cliff Massey, Kenai, Alaska made the following comments: · He has been a resident of Kenai for 35 years; ~vas a member of the PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 8 Commission and has worked with the Club. · The only true statement he feels was made at this meeting was it wa~ a done deal. · His personal opinion is Administration and some council members have been working on this much longer than three months. · Doesn't feel there have been any straight answers from anybody. · Feels the City should take some time before making a decision of thi~ size. If the Center goes to private enterprise, the citizens have nothing to say about it. Dan Conetta, Kenai, Alaska made the following comments: · Feels the Center is a great, efficiently- run facility and has used it to play Wally Ball for over 12 years. Is afraid the change would take that opportunity away from him. ,. · Feels more effort should be made in keeping the facility with the City and it should be used as a model on how a Center can be efficiently run. · Feels the City is moving too fast and they should consider all options. · Options by priority are: 1. Wait one year to see what happens after K-Mart's closure to see where the City stands. Feels the City could afford to wait another year. If Home Depot moves in, it would solve all these problems. 2. If things don't get better, then do what Nikiski has done by putting it to a vote of the people to choose whether to tax themselves a special tax dedicated to recreation purposes. 3. Cut down the days and hours of operation, showers, laundry, etc. 4. After all other options are exhausted, pursue and partnership with the Club. Feels the proper recommendation would be to table the issue. Anita Necessary, Kenai, Alaska made the following comments: · Has been involved in getting both the Center and the Club running so she and her husband have a soft spot for both entities. · The Center was here before the Club, the ice rink, Challenger Learning Center, the fire school, and K-Mart. Feels the Center should be given more consideration as it has thrived for so many years and has been enjoyed by many. (McGee or McKee) DID NOT STATE HIS NAME- 707 Maple, Kenai, Alaska Newly retired and a frequent user of the Center. The Center is also used by his children. · Many citizens are upset with the half-truths about the partnership. · Wants to know what the savings to the City will be by having the Club take over the Center. · Is concerned the facility was going to close but the draft agreement has answered some of his questions. · Has a petition with some signatures but it has generated more questions and concerns. PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 9 Jeff Mills, Kenai, Alaska made the following comments: · Would like to see what the bottom line figure is for cost savings to the City as well as the actual costs of running the Center. · How many user hours were estimated in 2002 in the Center and the net cost per user. Wants to know what the net cost is by keeping the kids off the streets. What is the real cost benefit? Feels the problem exists because the Club activities and programs are growing and there is a demand for facilities and additional programs. Feels the Commission needs to be proactive by looking at ways to upgrade the existing facilities. · Wanted to point out neither the Council nor Administration has directed the CommisSion to transition toward a user fee based arrangement. · Feels the City should look at other alternatives. Public comment was closed. Baxter reiterated he felt the issue had gone too fast and feels there isn't enough knowledge at this point. Baxter stated he is in favor of not approving the agreement. Baxter added, the program should continue with the necessary cuts as this would provide enough time to put a rational program together. Baxter continued, he knows it's frustrating for the Club to not have any answers because things are going too fast but it's also frustrating to ask questions and not get the answers. Discussion ensued regarding tabling the issue until the Commission had more time for review. Graves explained motions to table are non-debatable, it requires a motion, a second and a vote. Baxter expressed concern that if the issue is tabled, the Commission will miss their chance of having any input on it. Micciche stated he had offered his e-mail address at all of the meetings and everyone is encouraged to contact them for answers to their questions. Although not all answers could be readily answered because research is required, they will provide good, honest answers as soon as they possibly can. Gilford stated she is a person who wants things to happen now and she is in favor of the agreement but agrees more time is required to prepare for it. Gifford added, she would like to see the issue tabled until others on the Commission feel better about it. MOTION: Commissioner Gilford MOVED the issue be tabled until the meeting on May 6~h and when another meeting can be set to discuss the issue further. Commissioner Sandahl SECONDED the motion. Hultberg asked if a special meeting could be scheduled. Graves responded Council could be asked at their regular meeting on May 7th. Graves added, there is pressure PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 10 from Finance for some direction with regard to this matter at the budget work session on May 6th so he would have some idea of how to introduce the budget. It was reiterated the City could not go beyond June 30th without a budget. Castimore asked again if another meeting could be called if no decision is made on the May 6th meeting. Porter replied, an additional meeting could be requested. VOTE: Hultber§ Yes Gifford Yes Steiner Absent Sandahl Yes Baxter No Castimore Yes Wisniewski Absent MOTION PASSED. Castimore thanked the public for their input. Graves encouraged anyone to call him if they had any questions regarding the agreement. ITEM 6: NEW BUSINESS Discussion -- Proposed Meeting Schedules for City Commissions, Committees, Board and Council on Aging. Commission discussed the proposed meeting schedule change as presented in the packet. Baxter stated it might be best for.him to step aside as he is already forced to miss two meetings and' this change would make it difficult to continue. It was noted the reason for this change was due to budgetary issues. Frates noted, provisions are made for special meetings if required. The Commission agreed to the change but requested the months for meetings to be changed to January, March, May, July, September and November. MOTION: Commissioner Hultberg MOVED the proposed meeting schedule change for the Commission be revised to January, March, May, July, September and November. Commissioner Gifford SECONDED the motion. There were no objections. SO ORDERED. Baxter indicated he would continue to serve to see how the new schedule works for him. Frates stated he would check with the City Clerk and come back with other options at the next meeting. ITEM 7: REPORTS Commission Chair -- No report PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 11 7-b. Director -- Frates reported the following: · The city-wide clean up day is Saturday, May 3rd. Frates explained the process and noted there would be prizes and food. · FAA gave approval for the temporary use of the property beside the softball fields for the skateboard park. The ramps will be moved soon and the funds for the asphalt and fencing have been requested. It was noted the fence would be temporary. · A skateboarder was hurt at the skateboard park and it was noted he wasn't using a helmet. Staff has encouraged users to wear the helmets the City Provides. · The dip net and parking fees were increased at the dock. · The Rotary Club will do more work at Municipal Park. · Joe Harris and the retirement group from Unocal adopted the Bernie Huss Fitness Trail for the summer. · Interviews for the summer hire positions have taken place but no formal announcements have been made. 7-c. City Council Liaison -- Councilwoman Porter reported the following: · Council has approved the no smoking ordinance and smoking will be prohibited in restaurants effective October/5, 2003. · Ozzie Osborne was selected by Council to replace Councilman Bannock. · She has again adopted the flowerbeds at the Police Station and Commissioner wismewski will provide the' funds. · She felt it necessary to assure the Commission she was not the council member behind the Club proposal to take over the Center. Porter added, she was instrumental in the partnering of the summer youth program and worked on the joint venture of the teen program but did not encourage Administration to contact them regarding the Center. Porter continued, the decision is a very difficult one for all concerned. ITEM 8: COMMISSION (~UESTIONS & COMMENTS Commissioner Sandahl requested an update on the cemetery. Frates reported all is going well and clean-up efforts are underway in preparation for Memorial Day. Frates noted there was some vandalism. Sandahl stated this would probably be Frank Getty's last year to volunteer for clean up at the cemetery and thought it might be time to contact local churches or other organizations with regard to adopting a portion of the cemetery. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO B_E HEARD -- None ITEM 10: INFORMATION 10-a. Council Action Agendas of April 2 and 16, 2003. PARKS & REC~ATION COMMISSION MEE-~ING MAY 1, 2003 PAGE 12 lO-b. Beautification Committee Minutes of April 8, 2003. ITEM 11: ADJOURNMENT The meeting adjourned at 10:57 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary PARKS & RECREATION COMMISSION MEETING MAY 1, 2003 PAGE 13 Kristine A. Schmidt 513 Ash Avenue Kenai, Alaska 99611 (907) 283-7373 · (907) 283-2835 facsimile kschmidt@alaska.com · molloylaw@ak.net May 1, 2003 City of Kenai - Parks & Recreation Commission 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Kenai Recreation Center Dear Commission Members: I am sorry I cannot attend in person your meeting on 5/1/03. I am disappointed that your agenda was not disseminated to the public until just this Tuesday, because by then it was impossible to change my travel plans this week. However, please consider this letter, which expresses my opposition to the City of Kenai turning the Kenai Recreation Center over to the Kenai Peninsula Boys & Girls Club. I am a regular user of this facility, and have been for over 20 years. Although I have heard many rumors about why this is happening in the last few weeks, I do not believe that the City Administration and City Council are giving.us residents, taxpayers and voters the real story -- what they have said so far makes no sense, from either a financial or a public policy perspective. From what I have seen, this is a sweetheart deal, that is bad for every user group except the Boys & Girls Club. I urge you to vote to reject the proposed Agreement between the City of Kenai and the Boys & Girls Club. I ask that you advise the City Council to table this idea for FY 2004, and make even cuts to all City departments, rather than creating; a "crisis"-- g'ut~§ the Recreation Department budget, and laying; off employees -- to make this sweetheart deal happen. ~ The City just released the proposed Agreement, and, therefore, no one has had much of a chance to review it adequately. However, what I have seen of it is completely one-sided, in favor of the Boys & Girls Club. When I was a municipal attorney (10 years with the Kenai Peninsula Borough and School District), I would never have advised my client, the Borough or School District, to accept a bad deal like this. Why in the world should the City subsidize the Boys & Girls Club, to the tune of $200,000 ($125,000 payment plus $75,000 Rec Center revenue (2002 numbers)) plus pay their maintenance and utilities -- even their phone bills! This money should be used to keep the current employees working. The Boys & Girls Club should be paying the City to use the Rec Center -- they tie it up all the time. For example, in April 2003, the B&GC used the facility every night 5-8 p.m., plus 9-3 every Saturday. They either paid some ridicuously low rate, like $20 an hour, or nothing at all, for this time. Attached to my letter is a list of reasons why this is a bad idea, and questions that need to be answered, before you give this idea serious consideration. If given adequate time, I can come up with many more. That's another thing-- what's the rush? Why has the City Administration tried so hard to keep complete information from the public, and from you, the Commission, while speeding ahead with this plan like a runaway tram? For example, I was at a meeting several weeks ago, when the Administration promised to provide you, the Commission, with a list of the cuts they planned to make at the Rec Center if the Boys & Girls Club proposal was not adopted. However, I asked for a copy of that list of cuts just last week, and. was told that it wasn't available -- why not? As far as I know, the first bit of information about these cuts is in the propaganda sheet put up today on the City web site. These reasons need to be debated, and these questions need to be answered, to the satisfaction of City residents, before the Rec Center is turned over to a private club, with a huge subsidy by taxpayers, and no competitive bid. Thank you for your consideration. KRISTINE A. Enclosure(s) as stated -2- REASONS TO VOTE "NO" ON THE BOYS & GIRLS CLUB AGREEMENT FOR FY 2004 TOO SOON, NOT ENOUGH INFORMATION. The B&GC proposal is going too fast, with not enough time and information to make a good decision this fiscal year. The City of Kenai Administration needs to provide complete information about the Rec Center so that residents and users can analyze whether the B&GC proposal is a good deal for Kenai residents, such as: What exactly is going to be cut if the B&GC proposal is not accepted? This information was promised to the Rec Commission at the City Council meeting on 4/14/03, and people have been-asking for it, but it still has not been provided. be Revenue and expense information FOR THE REC CENTER FACILITY, by line item. This information is not available in the City budget, and the City Administration has not provided it, even though requested. e NO SUBSIDIES. The national trend for privatizing public facilities, or outsourcing the operations, is to give it to a private operator and let them run it, and pay a fair lease price, NOT SUBSIDIES. The B&GC proposal is a huge subsidy-- the City would pay B&GC's maintenance, repair and utility bills (even their phone bill!), insurance, $125,000, plus let them keep ALL THE REVENUE (approx' $75,000 in 2002, according to unverified reports) instead of turning this over to the City. Why isn't this subsidy going; to keep Rec Center staff, and the facility open? It is not a good idea to subsidize a private club with our tax dollars! be GIVE THE FACILITY a chance to pay for itself. Let the employees come up with a plan to increase revenue to replace the "cuts" that have been manufactured by the City Administration. ge CUT MIDDLE LEVEL MANAGEMENT. The national trend in the business world is to cut middle level managers before direct service providers. And the government sector has also adopted this policy: the Ketchikan Gateway Borough cut their Parks & Rec Director and Public Works Director, and are running those programs with the supervisors who run the facilities reporting directly to the Borough Manager. Why is the City not looking into this alternative? There are several middle level management positions in the City budget that have not been reduced or cut yet. 0 DISCRIMINATION/PRIORITIES. Why are the only employees being laid off women? Why sacrifice the Rec Center, a 12 month building with full time employees, but keep part time, summer hires? Why is the Rec Director keeping his job year round full time, when almost all of his winter work will be done by a private contractor? Why can't the beautification budget ($87,000) a non-essential service, be cut for just one year? Page 1 - TEN REASONS TO VOTE NO ON B&GC 5~ COMPETITIVE BID. Why isn't this contract being put out for public bid? There are many others in the community who could operate the facility with more experience and qualifications than the Kenai Peninsula Boys & Girls Club. The current employees who will be laid off, Healthy Changes, Bodymaster -- why not let them bid on it without a subsidy? B&GC has no special licenses or certificates to run a public facility for adults, and has NO experience of running; a facility or adult programs. Why has the City Administration not let employees or local businesses bid on the contract? The.only answer we have heard so far is "because we don't have to"-- this is insulting and not in the interest of City residents. ,, NO INFO/ACCOUNTABILITY. We don't know what the B&GC's real programs are -- the draft Agreement doesn't require them to provide one until 11/03. There is no public accountability -- the B&GC doesn't have to open their Board meetings to the public, doesn't have to open their books to the public, doesn't have to have hearings on their "Operations Plan." o TEEN CENTER. The Teen Center isn't even listed as a priority in the contract. The Teen Center was built with public money as a place for teens to go -- not to be locked into teen "programs." B&GC doesn't agree to keep this place open in the contract -- this is a betrayal of Kenai taxpayers. We have talked to many teens, they don't want "programs," they want a place to hang out. Se WHY ISN'T B&GC PAYING THE CITY? They use the Rec Center a lot now. For example, during April 2003, they monopolized the Rec Center Mon-Fri 5-8 pm and 9-3 on Saturdays. They didn't pay for all of that time, and they paid only the lowest fees - $20 an hour to use the gym, even though adults who use the facility have to pay $1.50 each. Instead of giving them the Rec Center and subsidizing their programs, why not charge them to use the facility at a fair rate? o CUTS IN OTHER DEPARTMENTS. Why haven't other departments been cut a little bit, each, instead of gutting the Rec Center budget and laying off 4 employees? 10. WHY? The City Administration' City web site, claims that: s "Public Notice," posted just TODAY on the Due to a serious reduction in operating funds, the proposed budget for the City of Kenai Recreation Department requires a minimum cut of $110,000.00 beginning on July 1st, 2003. This is dead wrong-- the City Administration CHOSE this method of cutting the budget. The City could have chosen from many alternatives, but none were put on the table except this one -- Why? Why lock up the Rec Center forever, when the City does not know what the financial situation will be next year (the draft B&GC Agreement is for three years, with 5 year renewals at B&CG's option, with no end)? Why not make small cuts, wait a year and do some long range planning for the facility and programs? The B&GC proposal doesn't make financial sense, it 'is not a good way to manage resources, it: is not good public policy, what is the real agenda, and why don't we know about it? What is the hidden agenda? Page 2 - TEN REASONS TO VOTE NO ON B&GC KENAI PARKS ~ RECREATION COMMISSION SPECIAL MEETING MAY 15, 2003 CITY HALL COUNCIL CHAMBERS 5:00 P.M. AGENDA ITEM 1: ,, C_~LL TO ORDER/~ ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: OLD BUSINESS a. Discussion/Recommendation-- Kenai Recreation Center Partnering Agreement Between the Boys & Gifts Clubs of the Kenai Peninsula and the City of Kenai. ITEM 4: ADJOURNMENT KENAI PARKS ~k RECREATION COMMISSION MAY 15, 2003 SPECIAL MEETING CITY HALL COUNCIL CHAMBERS S:00 P.M. CHAIRMAN TIM WISNIEWSKI~ PRESIDING MINUTES ITEM 1: CALL TO ORDER & ROLL CALL Chairman Wisniewski called the meeting to order at 5'00 p.m. Members Present: Wisniewski, Gifford, Sandahl, Castimore, Hultberg Members Absent: Baxter, Steiner Others Present' Councilwoman Porter, City Manager Snow, Finance Director Semmens, Director Frates, Contract Secretary Roper ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: OLD BUSINESS Discussion/Recommendation -- Kenai Recreation Center Partnering Agreement Between the Boys and Gifts Clubs of the Kenai Peninsula and the City of Kenai. Chairman Wisniewski opened the meeting to public comment and, in an effort to not repeat what had already been stated on the subject, asked that testimony be limited to those who have something new to add. Dan Conetta, Kenai, Alaska - Conetta repeating what he said before, noted the Commission has been given very little time to make a decision and he expressed appreciation for their patience and the fact they have held their ground by not coming to a hasty decision. Conetta discussed the two alternatives and stated neither one would have a long-term commitment to the current adult or teen program. Conetta added, Peter Micciche, President of the Boys and Gifts Club Board of Directors, repeatedly said he would make no guarantees. Conetta stated the Club has the ability to make guarantees and he read the information taken off the Club website. Conetta stated he felt, because money is going to get tight for the State and the City of Kens. i, it would also be limited for the Club. Conetta read the Club mission statement and noted nowhere in the statement is there any mention of adult programs. Conetta added, he felt the adult programs would be the first to be cut. Conetta stated the community deserves to have a city-run public recreation center and feels the City is underestimating the value and quality of life a recreation center brings to the community. Conetta stated this public asset needs to be protected and offered the following options for the Commission: · Reject the Club contract because it has no long-term commitment to the current adult and teen programs. · Adopt an alternative to allow the City to wait to see if another store fills the revenue gap left by K-Mart. · Three alternatives to allow smarter decisions are' -- Use the General Fund, which has $5 million. This is a valuable public asset and it should not be held to some arbitrary number like the $500,000 the Mayor has used. -- Implement a .028 mill rate dedicated to the recreation center. -- Consider Carol Brenckle's modified budget that not only shows where to get $110,000 but $250,000 if the City is really worried about tightening up their belts. Conetta added, this is only for one year to get passed this timeframe. Wisniewski advised those who came in late of the need to limit testimony to new information only. Carol Brenckle, Kenai, Alaska -- Brenckle handed out copies of an alternative plan for recreation center funding and stated she had been to all budget sessions and has gone through the entire draft budget and identified what she.felt are non-essential areas such as automobile allowances, travel, conferences, membership dues, etc. Brenckle noted, professionals could deduct membership dues and travel as a business expense. Brenckle asked the Commission to review the document and stated she felt there is more that could be done. Brenckle explained the cuts she was proposing and pointed out members of Council did cut their salaries by $100 each, however she included a greater cut but kept the Mayor's salary intact. Brenckle added, she also included alternative revenue sources and listed each item. Brenckle suggested Council take a long hard look at other alternatives and urged the Commission to request Council to do so and not to dismember a very valuable resource. Mark l~ecessary, Kenai, Alaska -- Necessary reiterated that he has lived in Kenai since 1969 and has retired here. Necessary reported the company he worked for offered him a move to any place he wanted to but he chose to stay in Kenai. Necessary reported he had over 465 signatures of residents who want to keep the recreation center intact. Necessary asked how many individuals came forth, other than Board members or staff, in support of the Boys and Girls Club. Kzistine ~/tehmidt, Kenai, Alaska -- Schmidt handed out a position statement and reported the Friends of the Kenai Recreation Center (Friends) have developed a position statement and are asking the Commission to table the proposed agreement between the City of Kenai and the Club. Schmidt asked the Commission to recommend the City of Kenai do the following: · Keep the recreation center open on the same schedule as the previous year with the same programs run by City employees. · Make budget cuts elsewhere to the City of Kenai FY2004 budget, using other revenues or raise the mill rate by 0.28 in order to keep the recreation center programs in place. SPECIAL PARKS & RECREATION COMMISSION MEETING MAY 15, 2003 PAGE 2 · Allow the Commission to investigate alternatives for the Kenai Recreation Center during FY2004 and report to the City Council as allowed by City Code. Schmidt stated, their position is the City Administration should have investigated all the alternatives to the Club proposal and present more than just one option to the Commission and the City Council. Schmidt added, they've identified at least seven different alternatives she listed and also included in her position statement. Schmidt stated there are a lot of weaknesses in the Club agreement and asked the Commission to take time to really look at it to see if it is the best agreement the City can get as the Friends did not believe it is. Public comment was closed. MOTION: Commissioner Hultberg MOVED to recommend City Council reject the Boys and Girls Club partnership agreement and Commissioner Castimore SECONDED the motion. Hultberg stated he thought long and hard about this and noted he has every confidence in the world the City Manager and her elected council officials, in all their experience, with all their knowledge and expertise, can come up with'a better agreement than the one proposed. Hultberg continued, giving the Commission a month to make a decision for this issue was just not fight. Hultberg added, consideration needed to be given to the number of people who have been against the agreement and someone, Council or whoever, should look at some of the proposed alternatives. Hultberg said he just couldn't believe the City couldn't develop something that would be prudent to keep the Parks and Recreation in place. Hultberg added, what makes this City great is when times get tough people get together do determine what can be done. VOTE: Hultber§ Yes Gifford No Steiner Absent Sandahl Castimore Yes Baxter Yes Wisniewski Absent Yes MOTION PASSED. ITEM 4: ADJOURNMENT The meeting adjourned at 5:25 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary SPECIAL PARKS & RECREATION COMMISSION MEETING MAY 15, 2003 PAGE 3 le CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 14, 2003 - 7:00 p.m. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed fi'om the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ® *APPROVAL OF MINUTES: a. *April 23, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ03-19- Preliminary Plat- Hannah Estates, A subdivision of SE 1/4, Section 17, T5N, R11W, SM south of the Kenai River excluding VIP Park Estates Subdivision and Beachside Estates Subdivision. Submitted by Whitford Surveying, P.O. Box 4032, Soldoma, Alaska. b. PZ-03-20~Preliminary Plat~Keemau Subdivision, Crestwood Addition. Submitted by McLane Consulting Group, P.O. Box 468, Soldoma, Alaska. 5. PUBLIC HEARINGS: a. PZ03- 15~An application for an Conditional Use Permit - Bed & Breakfast & Guide Service for the property known as 1555 Angler Drive, Lot 31, Block 1, Anglers Acres Subdivision, Part 2, Kenai, Alaska. Application submitted by Evan & Kathleen Harding, 3657 Eastwind Drive, Anchorage, Alaska. b. PZ03- 16~An application for a Variance Permit for lot coverage and rear setback for the property known as Lot 57, Block 4, Redoubt Terrace Subdivision, Addition #7 (1528 Toyon Way), Kenai, Alaska. Application submitted by Wayne & Bekkie Jackson, P.O. Box 3273, Kenai, Alaska. c. PZ03-17 - A resolution recommending that the official zoning map of the City of Kenai be amended to rezone 16 properties to the education zone. Rezone submitted by City of Kenai administration. d. PZ03-18 - An application to modify PZ01-62 Conditional Use Permit for a day care to provide care for more than 12 children and expand the day care to operate a preschool for the property known as Government Lot 23,903 Magic Avenue, Kenai, Alaska. Application submitted by Ashley Bulot, P.O. Box 1954, Kenai, Alaska. 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. Commissioner Tunseth letter of resignation dated April 23, 2003 b. "Zoning Bulleting"- April 10 & 25, 2003 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/~ ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 14, 2003 - 7:00 P.M. CHAIRMAN RON GO~~, PRF~IDING MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Others Present: Glick, Bryson, Goecke, Amen, Eldridge Councilman Osborne, City Planner Kebschull, Department Assistant'Carver, Contract Secretary Roper X-bo AEenda Approval MOTION: Commissioner Glick MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Eldridge 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. -- April 23, 2003 Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS PZ03-19- Preliminary Plat - Hannah Estates, A subdivision of SE 1/4, Section 17, TSN, R11W, SM south of the Kenai River excluding VIP Park Estates Subdivision and Beachside Estates Subdivision. Submitted by Whitford Surveying, P.O. Box 4032, Soldoma, Alaska. MOTION: CommisSioner Glick MOVED to approve PZ03-19 and Commissioner Eldridge SECONDED the motion. Staff had nothing additional. Amen stated he had visited with one of the neighbors in the area and they had no objection with the project. Bryson noted, as it appeared to conform to previous subdividing in the area and all lots are over 40,000 sq. ft. with appropriate frontage, he would support the motion. VOTE: [ Bryson I Eldridge Yes Goecke Yes Amen Yes Glick Yes Yes MOTION PASSED UNANIMOUSLY. 4-]3. PZ-03-20--Preliminary Plat--Keemau Subdivision, Crestwood Addition. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ03-20 and Commissioner Glick SECONDED the motion. Kebschull stated staff had nothing additional but noted the final plat would not be recorded until the required installation agreement is complete and the applicant is aware of the process. Kebschull added, Code requires the Commission to approve the 50 ft. fight-of-way for the cul-de-sac. Chairman Goecke opened the discussion to public comment. Jim Butler, Kenai, Alaska -- Buffer stated he was the neighbor and property owner and is in favor the proposed plat and felt it is a nice addition to the community at that end of Lawton. Buffer added, the resolution in the packet shows the plat being submitted by Integrity Surveys and it was from McLanes. Bryson referred to the east side common with the Borough property and asked if there had been any discussion with the Borough regarding a fight-of-way dedication. Buffer replied, he could only speak to the two government lots that are part of the subdivision and there was no reservation to these along the parcel. Buffer added, they were not wanting to create a new one; the Borough's intent was to keep the ten-acre piece south of the school accessible from Lawton and not to create a new access point. He continued, the Borough did not make any reservations when the propertYwas transferred to him. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 2 Amen, referring to the west side, asked if the adjacent lots would give up 30' in the future if access was needed. Buffer replied, it was his understanding they are original government lots that went from the federal government to the Borough then to the landowner and each of the lots had a 30' reservation on all the perimeters so the western lots at 152 and 155 have a reservation 30' down from the east side of their property. Bryson added, it is most likely 33' rather than 30'. Kebschull stated, normally those right-of-ways are formally dedicated when a parcel is subdivided. Amen asked staff if the reason for voting on the 50' right-of-way for the cul-de-sac is because it is less than the 60' and Kebschull confirmed that was correct; the subdivision code within the City of Kenai states that less that 60' requires a majority vote of the Commission. Bryson added, the rationale for providing 50' instead of 60' is because it is only serving two lots and that is permitted under the Borough regulations with City concurrence. VOTE: Bryson Eldrid§e Yes Goecke Yes Amen Yes Yes Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PZ03- 15---An application for an Conditional Use Permit- Bed .& Breakfast & Guide Service for the property known as 1555 Angler Drive, Lot 31, Block 1, Anglers Acres Subdivision, Part 2, Kenai, Alaska. Application submitted by Evan & Kathleen Harding, 3657 Eastwind Drive, Anchorage, Alaska. MOTION: Commissioner Glick MOVED to approve PZ03-15 and Commissioner Eldridge SECONDED the motion. There was no public comment. Staff had nothing additional but pointed out the applicant was present to answer questions -if necessary. Bryson stated, this was a long-standing issue in the area and once again thought it would be more appropriate to consider a rezone of the community to a zone that properly reflects the uses in the area as opposed to continuing with the rural residential zone requiring conditional use permits. Goecke asked if Bryson would go on record to start the process. Bryson responded, no as it would be more appropriate for the property owners to initiate a rezone. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 3 Eldridge pointed out the Code dictates not more than 30% of the total floor area can be used. Amen asked the applicant to clarify the portion of the residence to be used for the bed and breakfast. Evan Harding, Kenai, Alaska -- Applicant and property owner. Harding explained the plan and stated there were no plans for use of the main floor or loft area. Glick asked if this was a new structure and Harding replied, it s and it is still under construction. Amen asked staff if the lot met the setback requirements on the side lot line and Kebschull replied, yes, it is 15'in a rural residential zone. Kebschull added, the application was discussed with Mrs Harding and she was informed of the maximum of 30% and knows if there is anything other than the bed and breakfast, a modification to the conditional use permit is required. VOTE: Bryson Eldrid~e Yes Goecke Yes Amen Yes Yes Glick Yes MOTION PASSED UNANIMOUSLY. Chairman Goecke advised that any appeal to this application would need to be submitted to the City Clerk within 15 days of its approval. MOTION: PZ03- 16 -- An application for a Variance Permit for lot coverage and rear setback for the property known as Lot 57, Block 4, Redoubt Terrace Subdivision, Addition #7 (1528 Toyon Way), Kenai, Alaska. Application submitted by Wayne & Bekkie Jackson, P.O. Box 3273, Kenai, Alaska. Commissioner Glick MOVED to approve PZ03-16 and Commissioner Bryson SECONDED the motion. Staff had nothing additional. Goecke opened the public hearing: Wayne Jackson, Kenai, Alaska -- Applicant and property owner. Jackson stated the building he is proposing to build is more than a storage shed so his purpose was to actually put the building on a four foot crawlspace. Jackson added, he plans to use his dwelling boiler to heat the space and doesn't have a driveway going to the shed as it was just going to be used for tool storage and a year-around area to build something if desired. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 4 Glick asked if the reason for heating it was to be able to use it as a shop. Jackson replied, yes, and to use it year-around. Jackson added, the four foot crawlspace allows for more storage. Bryson asked if there were any existing encroachments or conditional uses that would be required other than what is proposed. Jackson replied, the structure he's going to build is a single-story home and it takes up the majority of the lot and as a result, he needs the variance to push it toward the back of the lot. Jackson added, he thought he was only allowed 99 sq. ft. and this is about 280 sq. ft. Jackson continued, there are no other existing situations. Amen stated he reviewed the 1967 covenants that apply to the neighborhood and asked about the setback requirements. Kebschull stated the City does not enforce covenants but the zone regulates the setbacks. Amen asked if the zone had any problem with the application if it was used for more than just a storage shed. Kebschull stated it cannot be used as a dwelling and yes, the City would have a problem with it because of the minimum lot size for principal structures in the zone. Kebschull reiterated, it could not be used for residential use, as stated in the application, it is strictly storage. Bryson asked the applicant if the intent was to have it be a dwelling. Jackson replied, no, it was not. Amen asked if the City had trouble with Item 2 of the Staff Report regarding special conditions or circumstances that have been caused by actions of the applicant. Kebschull replied, she did have trouble with it because the applicant is causing the issue of lot coverage, however, the applicant did not subdivide the parcel so the lot size was not caused by the applicant. Bryson reiterated the whole process of the conditional use has been activated because of the size of the structure and if it had been a little smaller it would be conforming. MOTION TO AMEND: Commissioner Bryson MOVED to amend the motion to include a finding of fact stating there are no existing encroachments or conditional use permits on the parcel at this time. Commissioner Glick SECONDED the motion. VOTE ON AMENDMENT: Br~son Eldrid~e Yes I Goecke Yes Glick Yes Amen Yes Yes MOTION TO AMEND PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 5 VOTE ON THE MAIN MOTION: [ Bryson Yes Goecke Yes ! Eldrid§e Yes Glick Yes [Amen Amen Yes Yes MOTION PASSED UNANIMOUSLY. Chairman Goecke reiterated the appeal process. PZ03-17 -- A resolution recommending that the official zoning map of the City of Kenai be amended to rezone 16 properties to the education zone. Rezone submitted by City of Kenai administration. MOTION: Commissioner Eldridge MOVED to approve PZ03-17 and Commissioner Bryson SECONDED the motion. There was no public comment. Staff reported this was a culmination of a long process Administration had been working on for almost a year and gave an overview of activities up to this point. Bryson stated he felt the proposed zoning is appropriate and would support the motion. Glick agreed the zoning is appropriate and thought this should have been done a long time ago. VOTE: Bryson Yes Goecke Yes Amen Yes Eldridge Yes Glick Yes Amen Yes MOTION PASSED UNANIMOUSLY. 5-d. PZ03-18 -- An application to modify PZ01-62 Conditional Use Permit for a day care to provide care for more than 12 children and expand the day care to operate a preschool for the property known as Government Lot 23,903 Magic Avenue, Kenai, Alaska. Application submitted by Ashley Bulot, P.O. Box 1954, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ03-18 and Commissioner Eldridge SECONDED the motion. There was no public comment. Kebschull stated the applicant wanted to include more children in her daycare so she applied for the conditional use permit. Kebschull PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 6 added, the current daycare operates just within the home and now she would like to expand to possibly convert the garage and to possibly later build an addition. Kebschull continued, the applicant wants to amend the permit to allow for a conversion of the garage for the preschool and possibly a later addition. VOTE: [ Bryson [ Eldridge Yes Goecke Yes Amen Yes Yes Glick Yes Anlen Yes MOTION PASSED UNAIMOUSLY. ITEM 6' OLD BUSINESS-- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS-- None ITEM 9: CODE ENFORCEMENT-- None ITEM 10: REPORTS 10-a. City Council-- Councilman Osborne provided a report based on City Council's actions at their May 7, 2003 meeting. 10-b. Borough Planning-- Bryson provided a report based on actions taken at the April 28~ and May 12, 2003 Borough Planning meetings. 10-c. Administration -- Kebschull reported the following: · Staff is working with the Borough to get the cemetery plots on a map similar to a GIS map. · A public hearing is scheduled for final adoption of the comprehensive plan at the June 11th meeting. · The Borough Transportation Plan is currently being worked on and a public meeting is scheduled for May. 29th from 6:30 to 8:30 p.m. at Kenai City. Council Chambers. This is for Kenai and Nikisld. · A few months ago it was brought to the City's attention the Spur Highway addresses do not match those of the Borough. A change would affect over 157 property owners so it may be more feasible to change the code and have the addressing start within the city limits of Kenai. Kebschull will meet with the City Attorney to discuss various options. · Regarding Anglers Acres, it has been suggested many times the residents consider a rezone. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 7 ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. 12-b. Commissioner Tunseth letter of resignation dated April 23, 2003 "Zoning Bullefing"- April 10 & 25, 2003 ITEM 13: COMMISSION COMMENTS & (}UESTIONS Commissioner Glick reported he will not be at the May 28th meeting. Commissioner Bryson will not be present for the June 11, 2003 meeting. Chairman Goecke will not be present for the June 11, 2003 meeting and added, if the two vacant Commission positions are not filled by then, consideration should be given to cancelling the meeting. Kebschull stated Councilman Osborne can request a cancellation from City Council and it would have to be advertised. ITEM 14: ADJOURNMENT The meeting adjourned at 8:00 p.m. Minutes recorded and transcribed by' Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 8 CFTY OF KENAI '~/illage with a past - City with a BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: __May 4, 2003 NAME: John HammeJman Resident of the City of Kenai? YES .... How long? Approximately 15 years Resictence Address .4570 Kenaitze Court Mailing Address 4570 Ke.naitze Court Home Telephone No. 283-7,280 Home Fax No. Business Telephone No. 283-5507 "Business Fax No. Email Address: jhammelm, an~unocal.com EMPLOYER: Unocal Job Title Logistics Superv. isor NAME OF SPOUSE: Paula Hamm,elman ~embership ir~ organizations: Central Area_R~ral Transpmtation System (CARTS') Past organizational memberships: Kena, i CommunitTCare Ce..n.ter Kenai P. eninsula Borouqh Pla ,nnin.q Commission COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Planning and Zoning WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMI'i-I'EE: I enjoyed my. 12 years of service on the KPB Planning Commission and would like to continue serving the community. WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? I have worked for 15 years in the oil industry and served on the KPB Planning Commission for 12 years. ~S~gnature -/ Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (fax), 283-7535, exq. 231 (phone) Oan 30 03 0~:~510 ~hawn M. Hnaer~on ?-~ CITY OF "Village with a p a st - City with a BACKGROUND AND PERSONAL DATA CA~IDATES FOR APPOINTMENT COMMITTE~ COMMISSIONS DATE: NAME: Resident of the City of KenaiP ~_________ How long? Residence Address ~ Marling Address ~ Home Telephone Home Fax No. - O Business Telephone No,~g'~- Bus. ess F~ ~ ~~Em~ Address: ~~ · Job Past organizational memberships: ~.____ COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTE~TED: WHAT BACKGROUND, EXPERIENCE, OR CREDE~&8 DO YOU POSSESS TO BRII~G TO THE BOARD, COMMITTEE MEMBERSHIP? Si re KENAI BEAUTIFICATION COMMITTEE MAY 13, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES a. February 11, 2003 b. April 8, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD ,, ITEM 5: OLD BUSINESS Discussion -- Flower Bed Plannin§ ITEM 6: NEW BUSINESS a. Discussion -- Proposed Meeting Schedules for City Commission, Committees, Boards and Council on Aging. ITEM 7: REPORTS Co_m__mittee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes of April 3, 2003. City Council Action Agenda of April 2 and 16, 2003. ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MAY 13, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS CHAn~ERSON MARILYN DIMMICK, PRESIDING MINUTES ITEM 1. CALL TO ORDER/is ROLL CALL Chairperson Dimmick called the meeting to order at 7'06 p.m. and the roll was confirmed as follows- Members Present: Dimmick, Rogers, Nelson, Brown Members Absent: Seymour Others Present: Director Frates, Contract ~ecretary Roper {3 students from the KCHS Government class), Sharon Hatch (interested in the Committee) ITEM 2: AGENDA APPROVAL There were no additions to the agenda. The agenda was approved as presented. ITEM 3: APPROVAL OF MINUTES February 11, 2003 April 8, 2003 MOTION: Committee Member Brown MOVED to approve the minutes of February 11 and April 8, 2003 and Committee Member Nelson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Discussion -- Flower Bed Planning The Committee discussed the various flowerbeds and the types of flowers to plant in each. A list was provided to Frates so the plants could be ordered next week. Discussion also took place on the May 31st planting day and the members agreed to bring side dishes to go with the hot dogs, hamburgers and beverages provided by the City. ITEM 6' NEW BUSINESS The students were excused at 8:25 p.m. Discussion -- Proposed Meeting Schedules for City Commission, Committees, Boards and Council on Aging. Frates explained the purpose of the meeting schedule change and advised that special meetings could be held as necessary. After discussion, the Committee requested a meeting be held in September to critique the summer's planting and to discuss any problems encountered and then resume meetings in February, March, April, May and June. Discussion took place on work sessions and informal meetings. Frates and Roper advised it was being proposed work sessions will need to be approved by the City Clerk as they have to be advertised. Discussion took place on the length of the meeting and Roper advised the Committee they could have taken care of the agenda items, adjourned then gone right into a work session to discuss the flowers in order for the guests to leave earlier if they wanted. ITEM 7: REPORTS 7-a. Committee Chatz -- Dimmick reported: · She spoke with Karolee Hansen who advised her she would be unable to participate on the Committee but would be available to help plant on May 3 l~t. · Sharon Hatch attended the meeting, as she is interested in the Committee. 7-b. Parks/is Recreation Director -- Frates reported: · Four summer hires are on board and the remaining will be in place by June 2nd. · Flyers for the May 31 st volunteer planting day was provided to members. Public service announcements and newspaper ads have been placed. Kenai City Counc/l Liaison -- No report. ITEM 8: OUESTIONS AND COMMENTS Brown asked if she could come to the greenhouse a few days prior to May 31 st in order to group the various plants together for the different locations and Frates stated his approval. ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes of April 3, 2003. City Council Action Agenda of April 2 and 16, 2003. BEAUTIFICATION COMMITTEE MEETING MAY 13, 2003 PAGE 2 ITEM 10: ADJOURNMENT , , The meeting adjourned at 9:05 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary BEAUTIFICATION COMMITTEE MEETING MAY 13, 2003 PAGE 3 ~~ //~ CITY OF KENAI  ,. '~/illage with a past - City with a future BACKGROUND AND PERSONAL DATA- .. CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Resident of the City of Kenai? _~ Residence Address /~~~ ~~ Mailing Address ~~'~ ~ ~~ ;-' R:CEiv,..--' · KENAI CITM CLERK Home Fax No. ,r~ ' Business Telephone No. NAME OF SP iUSE' Membership in organizations' Past organizational mem bershlp,'_~/~ ~~ ~~_~ ! WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE ~ http ://www. ci.kenai, ak.us/cornmissions/commisb[onap'p~ation.htm ~ 511512003 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, OR COMMITTEE MEMBERSHIP? Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (fax), 283-7535, ext. 231 (phone) h ttp ://www. ci.kcnai.sk, us/co mini ss i o ns/commis si onap p li cati on.h tm 5/16/2003 AGENDA KENAI CITY COUNCIL- REGUL~ MEETING MAY 7, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B- ,, SCHEDULED PUBLIC COMMENTS (10 minutes) Taylor Matson, Maya Johnson, ~uinn Sawyer, Averee Amend, Mt. View Elementary Future Problem Solving Team-- Funding Request/International Competition at Hartford, Connecticut. . Richard Warrington, Brain Injury Awareness -- May 31, 2003 Walk ITEM C' REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCII~ ITEM D: PUBLIC HEARINGS . Ordinance No. 2001-2003 -- Amending KMC Title 4 and KMC Title 14.20.220 to Adopt: 1) the International Building Code, 2000 Edition of the International Code Council; 2) the International Property Maintenance Code, 2000 Edition of the International Code Council; 3} the International Mechanical Code, 2000 Edition of the International Code Council; 4} the National Electrical Code, 2002 Edition of the National Fire Protection Association; 5) the International Fuel Gas Code, 2000 Edition of the International Code Council; and 6) the Intemational Residential Code, 2000 Edition of the International Code Council. . Ordinance No. 2002-2003 -- Adopting KMC 13.10.015, Changing the Bail Schedule for Minor Offense Violations to Reflect the One Adopted by the Municipahty of Anchorage Instead of the State of Alaska's Bail Schedule. . Ordinance No. 2003-2003 -- Increasing Estimated Revenues and Appropriations by $32,000 in the General Fund and the Skateboard Park Capital Project Fund. 4~ Ordinance No. 2004-2003 -- Amending KMC 8.05 to Adopt the International Fire Code, 2000, First Printing With Amendments. , Resolution No. 2003-20 -- Objecting to Kenai Peninsula Borou~l Ordinance No. 2003-11 to Amend the Borou~l Sales Tax Code to Exempt a Portion of Gasoline and Diesel Fuels From Sales Tax. . Resolution No. 2003-21 -- Transferrin§ $100,000 in the ARFF/SRE Capital' Projects Fund for Project Closeout. e Resolution No. 2003-22 -- Approving a Contract to North Star Paving & Construction, Inc. for the' Project Entitled Basin View L.I.D. -- 2003 Dolchok Lane, Kim-N-Ang Court, and Cub Court for the Total Amount of $353,115.00. Resolution No. 2003-23 -- Approving a Contract to Alaska Roadbuflders, Inc. for the Project Entitled Schooner Circle L.I.D. -- 2003 for the Total Amount of $51,562.50. , Resolution No. 2003-24-- Approvin§ a Contract to Alaska Roadbuflders, Inc. for the Project Entitled Toyon Way L.I.D. -- 2003 for the Total Amount of $120,269. 10. Resolution No. 2003-25 -- Supporting Senate Bill 189 That Would Rename the Kenai Courthouse the "Jonathan H. Link Courthouse." 11. Resolution No. 2003-26 -- Transferring $36,500 in the Airport Security Improvements Capital Project Fund for Preliminary Project Expenses. 12. *2003 Liquor License Continuance -- REMOVAL OF PROTEST Alaskalanes, Inc. d/b/a Alaskalanes Bowling Center. ITEM E: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce ITEM F: MINUT~ o *Regular Meeting of April 16, 2003. *Budget Work Session Notes of April 14, 2003 *Budget Work Session Notes of April 15, 2003 ITEM G: CORRF~PONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS . Bills to be Paid, Bills to be Ratified e Purchase Orders Exceeding $2,500 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 MAY 7, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.u s VICE MAYOR JAMES C. BOOKEY~ III, PRESIDING ITEM A: CALL TO ORDER Vice Mayor Bookey called the meeting to order at apprommately 7'01 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Vice Mayor Bookey led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Bookey and Swarner. Present were: Moore, Porter, Osborne, Jackman, Absent was: Williams AGENDA APPROVAL Vice Mayor Bookey requested the following changes to the agenda: REMOVE FROM: I-2, Purchase Orders Exceeding $2,500 -- Purchase Order to Sherman Signs for $4,650. MOTION: Councilwoman Swamer MOVED for approval of the agenda as amended and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Councilwoman Swamer MOVED for approval of the consent agenda as presented and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS KENAI CITY COUNCIL MAY 7, 2003 PAGE 2 B-lo Taylor Matson, Maya Johnson, (~uinn Sawyer, Averee Amend, Mt. View Elementary Future Problem Solving Team -- Fundin§ Request/Intemational Competition at Hartford, Connecticut. The group introduced themselves and explained they would be representing the State of Alaska at the International Future Problem Solving competition in Hartford, Connecticut in the dunior Division. It was noted, there were no funds available for donation, however the city has pins for trading at the event. Richard Warrington, Brain Injury Awareness -- May 31, 2003 Walk Warrington reported he had been appointed to the State Traumatic Injury Advisory Board representing the Kenai Peninsula. He noted, traumatiC brain injury is the number one killer around the nation and the Board has received a federal grant to help identify, develop, implement and sustain needed programs and resources to promote prevention and expand treatment and services delivery to Alaskans who experience traumatic brain injury and their families. Warrington reported the local organization would be holding their seventh annual Brain Awareness Walk through the city on Saturday, May 31 and invited the council and others in the audience to participate. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCII~ Assemblywoman Glick reported actions taken at the Assembly meeting held in Seward on May 6 and noted the following: · A resolution was adopted for making repairs to Peninsula schools. · Discussed the possibility of suing the State for lack of funding for schools. · Introduced the ordinance for approving the Borough budget for FY2003 and set work sessions for May 20, June 2 and June 3. The draft budget indicates an appropriation of approximately $55 million. · The ordinance for appropriating $300,000 in road service area funds was introduced. The funds will be used for upgrading Edgington Road in Sterling. · A public hearing was held on the agreement for the Arctic Winter Games; the final hearing and consideration will be held on May 20. Because the Borough has received many questions from constituents in regard to the funding sources to put on the Games, information is being assembled for this purpose by the Mayor's staff. ITEM D: PUBLIC HEARINGS D-lo Ordinance No. 2001-2003 -- Amending KMC Title 4 and KMC Title 14.20.220 to Adopt: 1) the International Building Code, 2000 Edition of KENAI CITY COUNCIL MAY 7, 2003 PAGE 3 the Intemational Code Council; 2) the International Property Maintenance Code, 2000 Edition of the International Code Council; 3) the International Mechanical Code, 2000 Edition of the International Code Council; 4) the National Electrical Code, 2002 Edition of the National Fire Protection Association; 5) the International Fuel Gas Code, 2000 Edition of the International Code Council; and 6) the International Residential Code, 2000 Edition of the International Code Council. MOTION: Councilwoman Swamer MOVED for approval of Ordinance No. 2001-2003 and Councilwoman Jackman SECONDED the motion. There were no public comments. Fire Chief Walden explained the amendments had been formulated due to the State's changing from the use of the Uniform Code to the National Code. Upon receipt of all the State's amendments, city adrn___inistration reviewed them and removed those items not applicable. Walden was asked if there was anything specific that would cause concern for the citizens. Walden noted, most engineers and architects were already using the new code. Public Works Manager La Shot noted the ordinance would also amend the current City of Kenai building fees. He added, their recommendation was to leave the commercial fees as they are and double the building permit and plan review fees. La Shot noted, after the amendments to the fees, the city's fees would still be the lowest on the Peninsula. VOTE: Moore lYes Jackman Yes Swamer Yes Porter Williams Yes Absent Osborne Bookey Yes Yes MOTION PASSED UNANIMOUSLY. 9-'2. Ordinance No. 2002-2003 -- Adopting KMC 13.10.015, Changing the Bail Schedule for Minor Offense Violations to Reflect the One Adopted by the Municipality of Anchorage Instead of the State of Alaska's Bail Schedule. MOTION: Councilwoman Porter MOVED for approval of Ordinance No. 2002-2003 and Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MAY 7, 2003 PAGE 4 There were no public comments. Attorney Graves explained, he was motivated to bring forward the ordinance because the state had not updated their schedule in quite some time. The new schedule reflects the traffic fee schedule from the Municipality of Anchorage. VOTE: Moore lYes Jackman Yes Swarner . Yes Porter Williams Yes Absent Osborne Yes Bookey Yes MOTION PASSED UNANIMOUSLY. D-3. Ordinance No. 2003-2003 -- Increasing Estimated Revenues and Appropriations by $32,000 in the General Fund and the Skateboard Park Capital Project Fund. MOTION: COuncilwoman Porter MOVED for approval of Ordinance No. 2003-2003 and Councilman Moore SECONDED the motion. Richard Warrington -- Suggested grant funds may be available for the purchase of helmets and for the encouragement of skateboarder safety. City Manager Snow reported administration had received a verbal final approval and preliminary approval in writing via email. Swarner stated she would rather use the funds for the shortfall in the Parks & Recreation operating budget than the skateboard park. Porter stated she would support the appropriation and noted the Parks & Recreation Commission also recommended the approval. She added, the skateboard park needed to be moved to a permanent location. It was also noted the park equipment had been moved three times and the cost of the equipment was $26,000. Bookey stated he would support the appropriation. Porter noted the present area is too small; the appropriation is from the Daubenspeck funds, which are not included in the General Fund and are to be used for recreational purposes only; and the appropriation will allow a bigger pad and expansion for more equipment. Snow also noted, the zoning is appropriate the proposed location; the money would not have to be spent, if the FAA changed their preliminary approval, though she did not expect that would happen; the current location violates the city's parking requirements and the ability of the Fire Department to provide service to the building; the current location was temporary and the park needs to be moved. It was also noted, the money wouldn't be spent until written approval is received from the KENAI CITY COUNCIL MAY 7, 2003 PAGE 5 FAA; the purchase order would come back for council approval; the property is not in a runway protected zone; there is already an asphalt pad there which will be repaved to make it smooth; and, the balance in the fund, after this appropriation will be $70- 80,000. VOTE: Moore Yes Porter [Yes Jackman Yes Wi~.ams [ Absent Swarner No Osborne Yes Booke¥ Yes MOTION PASSED. D-4. Ordinance No. 2004-2003 -- Amending KMC 8.05 to Adopt the Intemafional Fire Code, 2000, First Printing With Amendments. MOTION: Councilwoman Swamer MOVED to adopt Ordinance No. 2004-2003 and Councilman Moore SECONDED the motion. There were no public comments. Walden noted, the amendments included in this ordinance mesh directly with those made to the building codes in Ordinance No. 2001- 2003 and the amendments normally are amended every three years. VOTE: Moore Yes Jackman Yes Swarner YeS Porter Williams Yes Absent Osborne Yes Bookey Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2003-20 -- Objecting to Kenai Peninsula Borough Ordinance No. 2003-11 to Amend the Borough Sales Tax Code to Exempt a Portion of Gasoline and Diesel Fuels From Sales Tax. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-20 and Councilman Moore SECONDED the motion. There were no public comments. It was noted, if the Borough's ordinance is. passed, it would have a big impact on the city. Finance Director Semmens stated he felt the cost KENAI CITY COUNCIL MAY 7, 2003 PAGE 6 to the city would increase if there is an increase to the gas tax. He also noted, he attended a meeting with many of the finance directors from the Peninsula and they are all against the ordinance, including the Borough Finance Director. Semmens was asked if the other Peninsula municipalities would be protesting and he stated, they were all encouraged to forward a resolution protesting the exemption or testify at the Assembly's public hearing. VOTE: Council_m_an Moore requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Resolution No. 2003-21 -- Transferring $100,000 in the ARFF/SRE Capital Projects Fund for Project Closeout. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2003-21 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. La Shot stated, the funds would cover construction and architectural contracts. He added, there were issues to work out on the communications equipment and a few minor details. VOTE: There were no objections. SO ORDERED. D-7o Resolution No. 2003-22 -- Approving a Contract to North Star Paving & Construction, Inc. for the Project Entitled Basin View L.I.D. -- 2003 Dolchok Lane, Kim-N-Ang Court, and Cub Court for the Total Amount of $353,115.00. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2003-21 and requested UN~~OUS CONSENT. Councilwoman Jackman SECONDED the motion. There were no public comments. Komelis was asked if he was comfortable with the calculated costs of the project and he stated additional test holes were drilled and no problems were found in the roadway. If additional material is found during the project, there are funds in the budget to cover the cost. VOTE: ~NAI CITY COUNCIL MAY 7, 2003 PAGE 7 There were no objections. SO ORDERED. Resolution No. 2003-23 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Schooner Circle L.I.D. -- 2003 for the Total Amount of $51,562.50. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2003-22 and requested UNANIMOUS CONSENT. Councilwoman Jackman SECONDED the motion. Ruby Bingham, 2610 Watergate Way -- Bingham reported she had received a letter from Komelis regarding the project. She noted, she recently purchased her home and property from the Miliontas and was not informed about the impending project. She added, her home faces Watergate Way and the portion of her property which faces Schooner Circle does not have an entrance onto the property. Bingham asked if she would still have to pay the cost of the project for in reference to her property. Komelis reminded council Mflionta (the former owner of the property) came to council, along with other property owners on Schooner Circle. Milionta noted his property sided Schooner Circle, however there was no entrance to his property on that side. Milionta and the other property owners requested a month to discuss the issue between them. When they returned to council, they reported they had arrived at an agreement to request council to allow Milionta to be billed only ten percent (of the normal 25% charge to each property owner) of the cost of the improvements and the other 15% would be shared between the other property owners. An agreement was developed and signed by all the property owners. Since then the job was bid and the Milionta property was sold. Ms. Bingham contacted him and indicated she had not been informed about the assessment. Discussion followed and it was noted Bingham's property was large enough to subdivide if desired and the title company would have picked up the sale at some point. Attorney Graves noted, the problem was the public hearings were held and closed and methodology of the assessment set. Council could not make an adjustment at this point because the other property owners were not a part of the evening's discussions. Bingham asked if she would have to also pay if improvements were made to Watergate and Set Net Drive and she was told yes, as her property is a comer lot and sides those streets as well. Swarner stated her concern of the bid compared to the engineer's estimate because the bid was higher. KENAI CITY COUNCIL MAY 7, 2003 PAGE 8 VOTE: There were no objections. SO ORDERED. 9-9. Resolution No. 2003-24 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Toyon Way L.I.D. -- 2003 for the Total Amount of $120,269. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2003-24 and requested UNANIMOUS CONSENT. Councilwoman Jackman SECONDED the motion. There were no public com__m_ents. Komelis was asked if he received any calls from property owners concerned about the additional costs and he stated he had one call that had to do with the road elevation. He added, this was a much larger project than the others and there will be more construction costs. VOTE: There were no objections. SO ORDERED. D-10. Resolution No. 2003-25 -- Supporting Senate Bill 189 That Would Rename the Kenai Courthouse the "Jonathan H. Link Courthouse." MOTION: Councilwoman porter MOVED for approval of Resolution No. 2003-25 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. Carol Brenckle -- Brenckle stated, in investigating the progress of Senate Bill 189, she called Senator Wagoner's office and learned nOt much action had taken place on the bill since its introduction because the Court System contacted his office and informed him it was inappropriate for the Legislature to name the building and as it was in their jurisdiction. Brenckle added, she didn't want the city to appear to be out of the loop knowing no action will be taken in the Senate. Graves stated the resolution was prepared at the request of Mayor Williams. He added, he contacted the Court System and learned court buildings are normally named after State Supreme Court judges. Graves stated, he personally felt the resolution was a statement of respect for Judge Link even if the bill did not go anywhere. Bookey agreed and added, he believed Mayor Williams would want the resolution to be considered. KENAI CITY COUNCIL MAY 7, 2003 PAGE 9 Police Chief Kopp stated Judge Link was a personal friend and was a firm and fair judge who was always supportive of the Kenai Police Department. Kopp stated he fully supported the resolution and agreed with Graves; consideration and passage of the resolution was the right think to do. VOTE: There were no objections. $O ORDERED. C-ll. Resolution No. 2003-2/i -- Transferring $36,500 in the Airport Security Improvements Capital Project Fund for Preliminary Project Expenses. MOTION: Councilwoman Jackman MOVED for approval of Resolution No. 2003-26 and Councilman Osborne SECONDED the motion. Richard Warrington -- Stated his support of the resolution. Airport Manager Cronkhite reported this project was separate from repair of the fence and was for security improvements, i.e. electrical gates, security cameras in the termina/, etc. She added, the transfer would place a portion of the funds in the correct account for doing the projects. Cronkhite added, after the transfer, administration would be able to bid the projects. She also noted, the redesign of the terminal parking lot was a separate project. VOTE: Moore lYes Jackman Yes Swamer Yes Porter Yes Williams Absent Osborne Bookey l Yes Yes MOTION PASSED UNANIMOUSLY. D-12. 2003 Liquor License Continuance -- REMOVAL OF PROTEST Alaskalanes, Inc. d/b/a Alaskalanes Bowling Center. Approved by consent agenda. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging -- Senior Director Craig reported at the May 1 meeting, she gave the United Way presentation she made later in the day to the United Way Board. KENAI CITY COUNCIL MAY 7, 2003 PAGE 10 E-2. Airport Commission -- Councilwoman dackman reported the next meeting would be held on May 8. ~ E-3. Harbor Commission -- Councilman Bookey reported the next meeting would be held on May 12. E-4. Library Commission -- Councilman Moore reported the following: · The Commission met on May 6 and heard a report from the director about the result of cuts to the library budget. · It was also noted, when cutting the library book budget in order to keep the half-time position, more than 50% of that budget was cut. The library is seeking financial help from the Friends of the Library to-help fill that void. The Commission reviewed the proposed meeting schedule policy and decided they would like to make some changes. · The Friends of the Library Book Sale will begin on June 13. E-5. Parks/k Recreation Commission -- councilwoman Porter reported the following: * The Commission met on May 1 at which most of the discussion was about the proposal from. the Boys & Girls Club acquiring the Recreation Center/Teen Center programs. She noted, the Commission requested a special meeting be held on May 15 at 5:00 p.m. to finalize their reco_m_mendation on the proposal. Council had no objections. . The Commission reviewed the proposed meeting schedule change and requested some minor changes. D-6. Planning ~ Zoning Commission -- Councilman Osborne reported the following actions taken at the April 23 Commission meeting: · An encroachment permit application was approved. · A home occupation pe _rr~_it for a daycare application was approved. It was noted the Commission is short two members and two applications will be included in the next council packet for review and consideration. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Councilwoman Swarner reported the next scheduled meeting would be held on May 13 and reminded all of the May 31 planting day and barbecue donated by the Kenai Fire Department. D-7b. Kenai Convention/k Visitors Bureau Board -- Councilman Bookey reported thc next meeting would be held on May 19 and the grand opening of thc summer art exhibit was held on Saturday, May 3. KENAI CITY COUNCIL MAY 7, 2003 PAGE 11 D-7c. Alaska Municipal League Report -- Councilwoman Swarner reported on her trip to Juneau to attend AML Legislative Committee meetings. She noted, the Land Use and Economic Development Subcommittee discussed the proposed state Sales tax. A brief general discussion followed regarding bills affecting the city. D-7d. Kenai Chamber of Commerce -- No report. · ITEM F: MH/UTES F-X. F-2. F-3. Regular Meeting of April 16, 2003 Budget Work Session Notes of April 14, 2003 BUdget Work Session Notes of April 15, 2003 Items F-1, 2, and 3 were approved by consent agenda. ITEM G: CORRESPONDENCE-- None. ITEM H: OLD BUSINESS-- None. ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED for approval of the bills and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 with the exemption of the purchase order to Sherman Signs and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. It was noted, the city manager was reviewing other options in regard to the purchase to Sherman Signs. VOTE: There were no objections. SO ORDERED. ITEM J: ,, REPORT OF THE MAYOR -- No report. KENAI CITY COUNCIL MAY 7, 2003 PAGE 12 ITEM K: ADMIKISTRATION REPORTS K-1. City Manager-- City Manager Snow reported the follow/ng: · The funds added to the capital budget from DOT for a Kenai River Trail project was found to be for Soldoma Kenai River Trails. * Public Works Manager Komelis will attend the May 15 KRSMA meeting for her. * Since the open house at the Emergency Operations Center, the Borough has provided an amendment to their resolution to purchase propert7 in Soldotna specifically for the Central Emergency Services and public comment will be required to include other purposes for the properS. · A funding request for equipment and furnishings for the City's Emergency Operations Center has been updated by the Police and Fire Chiefs and will be provided to Senator Lisa Murkowski. It was noted, the information includes radio, telephone, and furnishings. The information package will be forwarded to Washington through the Congressional Delegation Office in Kenai. K-2. Attorney-- Attorney Graves reported the following: · He will participate in a meeting with representatives from EDD, Kenai Peninsula Tourism Marketing Council, etc. where they will discuss the proposal made by the Sky View High School Problem Solving Team for development of a birding/coastal trail. He will help them with the Brown Field issues as a portion of the project would be to redevelop some Canneries and added, he believed it is an issue that can help the city. Council members wholly supported his participation. · In 1999 the city purchased a participating Workers Comprehensive policy with Signa ACE, i.e. at the end of the policy year, if there have not been many lawsuits, they return part of the premium back. It was estimated the city should have been returned approximately $60,000. Though the policy was marketed as "participating" there was a provision they would not guarantee the return. He added, at the end of the policy year ACE decided not to write any more of those policies and chose not to pay any dividends. Administration discussed the possibility of litigation, but felt the cost wouldn't be worth the cost of recovery and also heard there would be a class action suit brought. Graves continued, a class action was brought and he contacted the lead counsel and learned the city could get a recovery but at no risk to the city. Administration feels the city should stay in the class and feel there's a good chance some funds will be returned. Council had no objections to continue in the suit. X-3. City Clerk-- No report. ITEM L: DISCUSSION L-Xo Citizens KENAI CITY COUNCIL MAY 7, 2003 PAGE 13 Richard Warrington -- Suggested forming a "river watcher" group (contacting Stream Watchers at the Chugach National Forest) to help monitor activities along the Kenai River and the coastal trail. Roger Shannon -- Reported the Alaska Legislature was considering combining several bills in regard to the USA Patriot Act and a group would be meeting in front of the Kenai Court House to show support of the military. L-2. Council Swarner -- Reported she would not be attending the May 21 meeting. She also reported June 5 was Hunger Awareness Day and she distributed letters to the council members inviting them to participate in the program planned at the Food Bank. Moore -- Reported he had questions about the Boys & Girls Club agreement and would discuss them with Graves for him to pass on to the Club for clarification. Porter -- * Stated she would contact Senator Wagoner in regard to the city's resolution urging AHFC to discontinue their reduced interest rate for purchase/building of homes outside of city boundaries. · Stated her concern of security problems at the multipurpose facility and Parks & Recreation Director Frates reported he would investigate costs for security cameras, etc. · Stated her concern for the city's liability for injury of those who use the mud hill along Marathon Road. City Manager Snow stated she would investigate the issue. Osborne -- Thanked the high school government class students for attending the meeting. Jackman -- No comments. Bookey-- No comments. EI/3~CUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 8:47 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z Z :::) 0 C~ ul e~ LU o Z o o O~ Z 0 LU z z r,,o (/3 o ~ ~ 0 0 0 w ~ LU <C 7 ~ I-- 0 r~ w n ~ LU 0 -- w 0 0 w !11 0 w I-- Z LU Z o c) c) c) 0 LU 0 r~ ILl 0 z 0 0 fl. 0 o ~ o o~1 o o o o ~. o ~1- o o o _J .J .J .J (.g (.g z (.9 Z z z I:~ Z Kw' Z ~ ~ Z Z u.m mmm 0 mmm 0 n u.m n n Z n Z m~m n 0 0 u.m 0 m.u rw 0 ~ ~ ~' < 0 I--- n,' u_ Z LU n,' -- ~ w r, 0 n ~ ~ n,' 0 n 0 < Z [E d u.i 0 ~ ~ ~ <C -J <C z w 0 0 ~ LU ~ 0 n ~ Q :~ I::Z:: I~ Z W ~- .~ I-- .~ 0 F- ~ 0 < ~: ~ n,' ~ w I~ n u.I _~ 0 0 c/) rn ~ rw u_ Z Z LLI -- ILl ' 0 C~ >. LLI W n W n,' 'T' ~ -r Z ....! F- 0 k- -- w n,' w -- 0 z 0 w .q:: 0 , W ' C/) ~ z 0 >- ,~ Z I.U _j 0 -- -- 0 0 < z ~ ~ ~ ~ m Suggested by: Administrat CITY OF KENAI ORDINANCE NO. 2005-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2003 AND ENDING JUNE 30, 2004. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2004 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2003 and ending June 30, 2004. Section 2' The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2003, and ending the 30th day of June, 2004, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 7,911,192 Airport Terminal Fund Congregate Housing Water and Sewer Fund Airport Land System Fund Senior Citizen Title III Grant Fund Senior Citizen COA-Borough Fund 1984 / 86 / 93 Bond Issue Debt Service Fund General Land Sales Trust Fund Airport Land Sales Trust Fund 469,094 392,087 1,401,487 1,612,951 261,331 157,309 161,963 25,000 25,000 Ordinance No. 2005-2003 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of June, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by FinanCe' (05 / 08 / 2003) hl Introduced: Adopted: Effective: May 21, 2003 June 4, 2003 July 1, 2003 Suggested by: Planning & Zoning CommL CITY OF KENAI ORDINANCE NO. 2006-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP TO CHANGE THE ZONING DISTRICT OF THOSE CERTAIN LANDS LISTED ON ATTACHMENT A TO ~EDUCATION ZONE." WHEREAS, the 16 properties listed on Attachment A contain education facilities; and, WHEREAS, these properties are currently located in Residential, Commercial, and Industrial zones; and, WHEREAS, educational facilities located in Residential and Industrial zones currently require a conditional use permit; and, WHEREAS, Kenai City Council recently created an Education Zone for land uses which were consistent with education facilities; and, WHEREAS, the Education Zone land uses match the land uses for these properties; and, WHEREAS, the Kenai Peninsula Borough has made recommendations for properties it owns to be included in the Education Zone; and, WHEREAS, the Planning & Zoning Commission held a public hearing on May 14, 2003 and recommended these properties be changed to Education Zone; and, WHEREAS, it is in the best interest of the City of Kenai that zoning for the land match the land uses for the property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the official City of Kenai zoning map is hereby amended to include the 16 properties listed on Attachment A in the Education Zone. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (5/14/03 sp) Introduced: Adopted: Effective: May 21, 2003 June 4, 2003 July 4, 2003 At tachment A Page 1 of 3 Attachment A ~a~e 2 of 3 /--'./.' /,,., /,/ / ,,, / · · · / ! CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ03-17 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: City of Kenai Administration LEGAL: See attachment. WHEREAS, the Commission finds the following' 1. The subject property is currently zoned See Attachment. 2. The present land use plan designation is See Attachment. 3. The proposed zoning district is Education 4. An appropriate public hearing as required was conducted May 14, 2003 5. That the following additional facts have been found to exist' 6. Applicant must comply with all Federal, State, and local regulations. I NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of S~.e Attachment. is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, May 14, 2003. CHAIRPERSON' KEY: LAND USE TABLE NOTE: Reference footnotes P=Principal Permitted Use C=Conditional Use on following pages for S=Seconclary Use additional restrictions. N=Not Permitted C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R LAND USES i.....:.RESIDEI~? .IA~-'.:.i.:-..i.'.'.'-'-'.'.'-.'.'.'.'.'.'-'.'.'. '.'.'.'.'-'.'.'.'.' .'.'.'.'.'.'.'.'.'..'.'.'.'.'.'.'.'.'.~ .'.'.'.'.'.'.'.'.'..'.'.'.'.'.'.'.'.'. '.'.'.'.'.'.'..'.'.'.'.'.'....-:.i-i-i.i i-:.:.:.:-i.:..:.:-:.:.:-:..:.'.:.'.'.' '.'.'.:.'.',':~ One Family Dwelling Cia p p p p p p p21 Sl S2 S~ C~ p p Two/Three Family C~a p p p p p p p~l Sl C C C~ P P Dwelling !Four Family Dwelling Cla P C~ P N N P p~ S~ C' C C~ N P Five/Six Family CIa C~ N P N N P p~ S~ C C N N P Dwelling Seven or More Family Cla Ca N C3 N N P p2~ Sl C C N N P Dwelling , Townhouses 4 Cia C C C C C C C C C C C Mobile Home N C C C C C C C C C 'C N C N Parks 6 Planned Unit Cla C C C C C C C C C C N C C Residential Development ? , '..::::::CO~-~RC~.A]5::.:.:-.:.:::.:.:.:.:.:.:.. ================================== ,:.:.:.:.:.:..:.:..:..:.:.:.:.:.:.:.. ::.:.:.:.:.:::.:. ::::::::: ::!:i:!:i :::::::::::: :::::::: :i:: :: :::: ::: :::::::::::::: :::i::::::::: :::::::::i:: '!:i:::!:i:!:i: !Automotive Sales N C Cle N N N C P P P P N N N Automotive Service N C Cze N N N C P P P P N C N Stations Banks N C Cie C N N C P P P C N C C Business~Consumer N C Cle C N N C P P P C N C C Services , , Guide Service N C C C N N C P P P P N P P Hotels/Motels N C Cle C N N C P P P C N C P Lodge N C C C N N C P P P ' C N P Professional Offices N C Cle C N N P P P P P N C Restaurants N C Cie C N N C P P P C N C C Retail/Wholesale N C C~e C N N C P P P P N S~ C Business Theaters/ N C C19 C N N C P P C C N P C Commercial Recreation LEGEND: C = Conservation RR = Rural Residential RS = Suburban Residential RR-1 = Rural Residential (1 and 2 family) RS-1 = Suburban Residential (1 and 2 family) RS-2 = Suburban Residential (1 and 2 family) RU = Urban Residential CC = Central Commercial CG = General Commercial IL = Light Industrial IH = Heavy Industrial R -- Recreational TSH = Townsite Historic ED = Educati- · Table I of 3 KEY: LAND USE TABLE NOTE: Reference footnotes P=Principal Permitted Use on following pages for C=Condifional Use additional restrictions. S=Secondary Use N=Not Permitted C RR RR1 RS RS! RS2 RU CC CG IL IH ED R TSH LAND USES Airports and p~o C C~e C~e N N C P P P P N C N Related Uses , Automotive Repair/ N C C~e C~e N N C P P P P N N N Tire Recapping! Rebuilding Ga~ Manufacture/ N N C~e C~e N N N N N Co Cs N N N Storage Manufacturing/ N C C C N N C C P P P N C c Fabr~catin~ A~embly!Storage Warehouses N C C~e C N N C C pO P P N C N ................................................................ , ........ ..................................................- .................-............................................................. · ;.:.:.:-:.:.P .IJBLIC/-:.:.:-:.:.:..:-'-:.'.:.:.:-:.:..:.:.:.:-:.:.:.:.:- .:.:.:.:.:.:.:.:-'.~:.:-;.:.:.:-:.:-:- .:.:.:':-:.:':-:':' '.'.'.'.'.'.'.-.'.' !'.'.'.'.'.'.'.'.'.' '.'.'.'.'.'.' '.'.'.'.'.'.' '.'.'.'.'.'.' '.'.'.'.'.'.'..'.'.'.'.'.'..'.'.'.'.'.' '.'.'.'.'.'.'. Charitable Institutions C C C C C C P P P P P P C P Churches C p~O p~O p~O p~O p~O p~O p~O p~O C C P p~O P Clinics C C C C C C C P P P C C C C Colleges C C C C C C C P P C C P C C Element~-y 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 C~s 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 C C C C C C P P P P P P P Sanitariums C C C C C C C C C C C C C C LEGEND: C = Conservation RR = Rural Residential RS = Suburban Residential RR-1 = Rural Residential (1 and 2 family) RS-1 = Suburban Residential (1 and 2 family) RS-2 = Suburban Residential (1 and 2 family) RU = Urban Residential CC = Central Commercial CG = General Commercial IL = Light Industrial IH = Heavy Industrial R = Recreational TSH = Townsite Historic ED = Education Table 2 of 3 KEY: LAND USE TABLE NOTE: Reference footnotes P=Pdncipal Permitted Use on following pages for C=Conditional Use additional restrictions. S=Secondary Use N--Not Permitted C RR RR1 RS RSl RS2 RU CC CG IL IH ED R LAND USES .:!:i~S.~~~.u..s!:!: Animal Boarding ~3 C C C C C N N C C 'C C N C N , Bed & Breakfasts C C C C C C C C C C C N C C , Cabin Eentals C C C C N N N P P P C N P P Cemetenea C C C C N N N C C C C N C C Crematories N C N C N N C C C C C N C C Day Care Centers 12 C C C C C C C C C C C C C C , Dormitories/ C C C C C C P p~ S C P pZ~ C C Boarding Houses Essential Services P P P P P P P P P P P P P P Farming/Gardening/ P P P P P , P P P P P C N P P General Agr/culture Greenhouses/Tree C C C C C C C P P P C N C C Nurseries Assemblages 15 C C C C C C C p~ p~6 p~ p~6 p~S C P (Large: Circuses, Fairs, etc.) Fraternal Organizat/ons N C C C C C C P P P C N C P Nursing, Convalescent N C C C C C C P P C C C C C or Rest Homes Parking, Off-Street P P P P P P .P P P P P P P P Parking, PubUc C C C C C C C C C C C C C C Lots ~2 Private Clubs N C C C C C C P P C C N S C , Radio/TV Transmitters/ P P C C C C C P P P P P C C CeU Sites R~creational Vehicle C C C C N N C C C C C N C C Parks Social Halls N C C C C C C P P C C N C C Subsurface Ext- C C C C C C C C C C C N C N raction of Natural Resources Surface Extraction of C C C C N N C C C C' C N C N Natural Resources Union Halls N C C C C C C P P P C N C C LEGEND: C = Conservation RR = Rural Residential RS = Suburban Residential RR-1 = Rural Residential (1 and 2 family) RS-1 = Suburban Residential (1 and 2 family) RS-2 = Suburban Residential (1 and 2 family) RU = Urban Residential CC = Central Commercial CG = General Commercial IL = Light Industrial IH = Heavy Industrial R = Recreational TSH = Townsite Historic ED = Educat' Table 3 of 3 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Memorandum TO: FROM: DATE: RE: Linda L. Snow, City Manager ¢Sheryl Padilla, Legal Secretary May 16, 2003 Assignment of Lease of Space #9, first floor, terminal building, Kenai Municipal Airport Dottie Fischer of Alaska's Best Travel has requested approval of the attached Assignment of Lease due to a change in the corporate name. The assignment is between Dorothy A. Fischer, Inc. d/b/a Alaska's Best Travel and Dorothy A. Fischer, Individually.; and Alaska's Best Travel and Tours, Inc. d/b/a/Alaska's Best Travel and Dorothy A. Fischer, Individually.. The existing lease between the City and Dorothy Fischer states that the lease may be assigned with written consent of Council. Due to the nature of the Ms. Fischer's business, it is exempt from sales tax; and she is current in her lease payments to the City. The City Attomey has reviewed the document and has no objections. If Council approves the transfer, a Consent to Assignment of and Amendment to Lease can be prepared for your signature. Attachment cci /sp Dorothy Fischer ASSIGNMENT OF LEASE This assigmnent is entered into between Dorothy A. Fischer, Inc. d~/a Alaska's Best Travel and Dorothy A. Fischer, Individually, P. O. Box 3625, Kenai, AK 99611 (ASSIGNOR); and Alaska's Best Travel and Tours, Inc. d/b/a Alaska's Best Travel and Dorothy A. Fischer, Individually, P. O. Box 3625, Kenai, AK 99611 (ASSIGNEE). ASSIGNOR does hereby assign and transfer all of her interest in the leasehold estate as evidenced by that certain Lease Agreement with the City of Kenai as Lessor, recorded March 18, 2002 at Book 00639, Pages 0249-0263, Kenai Recording District, and covering the following- described property: Office Space #9, first floor, terminal building, Kenai Municipal AirPort, Kenai Recording District, Kenai, Alaska, within the NW ¼, SE ¼, Section 32, T6N, RllW, S.M. to ASSIGNEE to have and to hold the same from the date hereof, for and during all the remainder yet to come of the term of said Lease Agreement. ASSIGNEE agrees to comply fully with all the terms and provisions of the Lease, and to hold the ASSIGNOR hanuless fi'om any liability arising there under. DATED this _~_ day of May 2003. ASSIGNOR Dorothy A. Fischer, Inc. d/b/a Alaska's Best Travel By: By: Dorothy A. Fischer President Dorothy A. Fischer Individually ASSIGNEE Alaska's Best Travel and Tours, Inc. d/b/a Alaska's Best Travel By: By: Dorothy A. Fischer President Dorothy A. Fischer Individually Assignmem of Lease - Page 1 of 2 5/14/03 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of May 2003, DOROTHY A. FISCHER, being personally known tO me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing insmxment. Notary Public for the State of Alaska My Commission Expires: Approved as to form: Cary R. Graves City Attorney Assignment of Lease- Page 2 of 2 5/14/03 Ma~ 6, 2003 City of Kenai The business known as Alaska's Best Travel has bc~n transfe~ from the ownership of Dorothy Fischer Travel, Inc, to Alaska's Best Travel and Tours, Inc. TMs was done on Sanum~ I, 2003. The lease should read: Alaska's Best Travel and Tours, lnc dba Alaska's Best Travel. Dorothy A Fischer is still the principal owner of the above. Because of the Airline Reporting Corporation requirement of the lease being in the legal Name of the Agency is the reason for the change of name on the existing lease. Dorothy A. Fischer Dorothy Fischer Travel, Inc, President Alaska' s Best Travel and Tours, Inc. Dorothy A. Fischer, President CITY OF KENAI "Oil Capital of Alaska' 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO' FROM: DATE'. RE' Kenai City Council Members Parks and Recreation Commission~embers Linda L. Snow, City ManagerL,[,/d' April 28, 2003 Parmering Agreement with the Boys & Girls Club Enclosed please find a final draft of the Partnering Agreement between the City of Kenai and the Boys and Girls Club for operation of the Kenai Recreation Center. The Agreement has been approved by the Boys and Girls Club Board of Directors. Every effort was made to include the primary points of emphasis which were brought out by members of the Parks and Recreation Commission, members of the City Council, Boys & Girls Club Board members, members of the public and, of course, administrative staff from both parties to the Agreement. To summarize briefly, .)some of the terms and conditions of the Agreement include the following: 1. The City is not selling, leasing, or transferring the Kenai Recreation Center facility to the Boys & Girls Club. The City has no plans to divest itself of this building. 2. The City is contracting professional services to operate the facility, as it does with other facilities it owns, rather than operating the facility itself with city employees. 3. The contract for professional services is a legal document with terms and conditions which must be met by both parties. 4. The Boys & Girls Club is required to present an annual operations plan and budget to include safety and security, an operating schedule for facility use, a fee structure, etc. 5. The Boys & Girls Club is responsible for maintenance and repair of Center equipment and for all janitorial services 6. The City is responsible for maintenance and repair of the building and for utilities. 7. Either party may terminate the Agreement for cause, or the Agreement may be terminated by mutual consent of the parties. 8. The Center will remain open to the public and fees charged must not discourage public use of the facility. 9. The Agreement may not be changed or amended unless by written amendment. 10. The Boys & Girls Club will give consideration to city employees to fill open positions. 11. The Boys & Girls Club is required to make the facility available to other community user groups and/or organizations and to continue the practice of making the Center available to Kenai Central and Skyview High Schools for after-prom and after-graduation activities at no fee. .) 12. Both the Boys & Girls Club and the Parks & Recreation Commission will designate a liaison member that will attend the other's meetings scheduled twice a year to discuss operation of the Center. KENAI RECREATION CENTER PARTNERING AGREEMENT between The Boys and Girls Clubs of The Kenai Peninsula and The City of Kenai In consideration of the mutual promises herein, the City of Kenai (City) and the Bo,,~ Girls Clubs of the Kenai Peninsula (Boys and Girls Club) agree as follows' The City desires to contract with the Boys and Girls Club to manage and operate the Kenai Recreation Center. This shall be accomplished through the development and management services of the Boys and Girls Clubs. The management services shall be a year-round ensure that the annual operating plan is carried out. This Agreement consists of: Ae 34 sections of provisions, consisting of 14 pages; and B. Attachment A, Fee Schedule, consisting of 1 page; and Ce Attachment B, Scope of Management Services, consisting of 4 pages. KENAI RECREATION CENTER PARTNERING AGREEMENT Page 1 of 15 Section 1. Definitions In this Agreement: ~ ~~ A. "Admimstrator" means the Kenai City Manager or designee, thereafter, as agent for and on behalf of Kenai. C, Caviar, Kenai. "City" means the City of Kenai. ,,Center,, means the facility known as the Kenai Recreation Center locat~at~~,x.. ~~ D, "Concession" includes all sales or rentals of goods or services in the Center, the parts of the Center where those sales or rentals are made, .and equipment or facilit Center used for those sales or rentals. . E. "Contractor" means Boys and Girls Clubs of the Kenai Pemnsula. F. "Management" means responsibility for the proper functioning of all Center operations necessary to support the Center's provision of service to the public safeljr- efficiently, including but not limited to, supervision of staff and participants, pro scheduling, maintenance, sales, marketing'and concessions, Section 2. Contractor's Services A. Contractor shall perform facility management services in accordar/ce'with Attachments A and B, both of which are attached hereto and incorporated herein by referee. / Be The City shall not allow any claim for services other than those described in Attachment B. However, Contractor may provide, at its own expense, any other services that are consistent with this Agreement KENAI RECREATION CENTER PARTNERING AGREEMENT Page 2 of 15 Section 3. Term. A. The term of this Agreement shall begin on the commencement date of thia Agreement and extend for three (3) years from the first day of center operatio terminated sooner as provided herein. Upon mutual consent, this Agreement may be renewed for terms of five (5) years. Contractor shall notify the City in writing no less than ONE HUNDRED EIGHTY ( before current Agreement expires if it intends to renew. C. Contractor acknowledges that the City has no obligation to continue its performance beyond the term of this Agreement, regardless of the degree to which the Contractor's performance is successful. Section 4. Contractor's Responsibility Contractor shall be solely responsible for the faithful performance of all its duties under this Agreement, notwithstanding Contractor's delegation of the actual performance of any duty hereunder to another. Section 5. Annual Operations Plan Ae Operations Plan. No later than November 15 of each year, Contractor shall develop and provide the City with the latest version of the Center Operations Plan. The plan should contain, at a minimum, the following: le A safety and security plan; and e A facility use plan for the Center that includes days of operation and hours open, current booking and scheduling, procedures, current fee schedule and other roles governing use of the facility; and KENM RECREATION CENTER PARTNERING AGREEMENT Page 3 of 15 o A program schedule; and 4. A staffing plan. / Section 6. Center Annual Operating Budgets / / No later than November 15 of each year, the Contractor shall develop and provide the City with the latest version of the Annual Operating Budgets. The proposed budgets should include all projected and one prior year's actual operating and capital costs for._//.the Cent~ including a projected income and expense statement, and projected year-end balanp s~ Additionally, the budget should include the following detailed projections: A, Revenues by category and source; and Be C~ Operating expenses by category; and Administrative and general expenses. Section 7. Exclusive License This Agreement does not lease, demise, rem or otherwise convey any land or interest in lands or real property, including the property at 227 Caviar known as the Kenai Rec[pafioii # Center. / Section 8. Right of Entry The City, its officers, agents and representatives shall be permitted to enter the Center premises during operating hours to examine the same. The City will notify the contr if requires emergency entry after operating hours. Section 9. Alterations and Renovations ,,, J Contractor agrees not to make any alterations or renovations to the Center premises without prior written consent of the City. KENAI RECREATION CENTER PARTNERING AGREEMENT Page 4 of 15 Section 10. Operations and Maintenance Costs The City will be responsible for maintenance and repair of the structure necessitated hy normal wear and tear. The Boys and Girls Club shall be responsible for the mainten~ce ~~ .repair of the Center equipment, i.e., weight room equipment, pool tables, vending machine. The Boys and Girls Club shall bear the responsibility for the repair of the structure due to any damage or breakage caused by the negligence or intentional act of the Boys and Girls Club or ' (during operating hours) of the Boys and Girls Club. Water, sewer, electrical and natur (non-long distance) telephone service for the Center will be paid by the City. Janitorial services for the Center shall be paid for by the Boys and Girls Club. Section 11. Signs /. Contractor shall not place or erect poles, lights or devices on the exterior/~th~ Recreation Center or adjacent property without prior written approval by the City. Boys and Girls Clubs signs and advertising devices of appropriate nature are allowed outside of the building. Section 12. Consideration As consideration for Contractor's undertaking hereunder, the City shall pay an annual paymem of no less than ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) per year to subsidize the operation of the Kenai Recreation Center. Th~annu~~..~ payment will be made by July 15~. The annual payments under this Agreement require/mn~ from future appropriations and are subject to future annual appropriations. The annual payment amount will be reviewed every three (3) years to evaluate the need to change the payment. If sufficient funds are not appropriated for annual payments required under this Agreement, this KENAI RECREATION CENTER PARTNERING AGREEMENT Page 5 of 15 Agreement shall terminate and the City shall not be obligated to make the annual payment under this Agreement beyond the then-current mumcipal fiscal year for which funds have been appropriated. The City shall notify the Contractor within seven (7) days of the fail o . Council to appropriate funds sufficient for the annual payments. Payments for partial year payments will be proportional to the number of days the Cemer is operated. Upon execution of this Agreement, it is the intention of the City that the Agreement mn its entire term. Section 13. Termination of Contractor's Services ~ ~,~X ~ Contractor's services under Section 2 may be terminated by mutual consent of the parties. Section 14. Termination for Cause A. If either party fails to perform any of the. terms, conditions, covenants, 9r obligations under the Agreement, said Agreement might be terminated at the option/~eit~he~~- '~' ~ party. However, as a condition of the exercise of its fight of termination under this subsection, a party shall notify the other in writing of its intent to terminate this Agreement stating with reasonable specificity the grounds therefore. Upon receiving written notice from a pat~y-, ~h¢ · other party will have thirty (30) calendar days to cure said default(s)..If the other part~ fai~ to cure all defaults to the satisfaction of the other party within thirty (30) days after receiving notice, the City or Contractor may terminate this Agreement. B. If Contractor's services are terminated, for whatever reason, Contracto 's~~laim for compensation under this Agreement shall be limited to payments due based on a propo~ion~/~ number of days the Center was operated. Contributions in kind are not eligible for reimbursement unless directed toward approved appraisable improvements to the Center. Upon termination, any alteration or renovation to the Center, approved by the City per Section 9, will KENAI RECREATION CENTER PARTNERING AGREEMENT Page 6 of 15 be reimbursed at fair market value unless the parties have previously otherwise agreed. If necessary, fair market value of such improvements will be determined by a profes, sional appraiser. The appraiser will be selected jointly by the parties and the appraisal fee wilde s~~ equally. Section 15. Repossession of Center A. Upon termination of this Agreement under Section 13 or Section 14,the ' mo_,, take possession of the Center and of all facilities thereof. B. Upon termination of this Agreement under Section 13 or Section 14, there shall be a transition period of not greater than ninety (90) days with regard to the removal of Contractor's property fi'om the Center. If Contractor fails to vacate upon expiration of the transiti the City may remove the property at Contractor's expense. Section 16. Duties Upon Termination Ae Contractor shall deliver to the Administrator all documents, records, work products, materials and equipment owned by the City and requested by the Administrator. ! B. Except as provided in this section, termination of Contractor's servi/c~ un~~a Sections 13 or 14 does not affect any other right or obligation of a party under this Agreement. Section 17. Insurance A. Contractor shall maintain in good standing the insurance described in s~.~tion B of this section. Before rendering any services under this Agreement, Contractor shall ~flrnis/ _ the Administrator with proof of insurance in accordance with subsection B of this section in a form acceptable to the Risk Manager for the City. B, Both parties shall provide the following insurance: KENAI RECREATION CENTER PARTNERING AGI:~EMENT Page 7 of 15 1. Comprehensive general liability, including premises operations, contractual, independent contractors, and personal injury coverage's -- $1,00 0 net occurrence. ~~ 2. Comprehensive automobile liability -- $1,000,000 combined single limit per accident, to include owned, hired and non-owned vehicles. 3. Employer's Liability and Worker's Compensation for t employees as required by statute for each occurrence. ~---~~ 4. Each party shall be named as additional insured for purposes of the operation of the Recreation Center to the extent allowable on all policies (except Worker's Compensation). . B. Each policy of insurance required by this section shall provide for no le~~~~ thirty (30) days advance written notice to the City prior to cancellation or change in insurance amount and shall be written by an insurer rated A- or better by A. M. Best. Ce D, The City shall provide broad form property damage insurance for the Cente~/ ~ # Contractor shall report all incidents of accident or injury promptly in Ctin~(, ~ the City Manager for Kenai. Section 18. Notice of Claims Each party hereto shall give to the other prompt and timely written notice of any ~.~ ~ / made or suit instituted within its knowledge that in any way, directly or indirectly, conting~atly/ or otherwise, affects or might affect the other party. KENAI REC~ATION CENTER PARTNERING AGREEMENT Page 8 of 15 Section 19. Assignments Unless otherwise allowed by this Agreement or in writing by the Adminis assignment by Contractor of this Agreement shall be void. Section 20. Ownership: Pnblication, Reproduction and Use of Material he Equipment and furnishings purchased with Center revenues or Contractor funds shall be the sole property of Contractor. B. With the exception of pass-through grants administered by the City, and fimaishings purchased with City funds or any funds provided by grants from the City, shall 'be the sole property of the City marked and inventoried as such with a copy of the inventory forwarded to the City. C. Equipment and furnishings donated to Contractor shall be the sole prop~_o~ Contractor. De Prior to occupying the Center, the Contractor and the City shall conduct a walkthrough to investigate and assess the condition of the facility and equipment i e--lie ## building. Section 21. Notices Any notice required pertaining to the subject matter of this Agreement shall be either sent via mail by prepaid first class registered or certified mail "Return Receipt Requ ' or : __! delivered to the following addresses' / Kenai City Manager 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-8222 FAX: (907) 283-3014 KENAI RECREATION CENTER PARTNERING AGREEMENT Page 9 of 15 Boys and Girls Club of the Kenai Peninsula 705 Frontage Road, Suite B Kenai, AK 99611 Phone: (907) 283-2682 FAX: (907) 283-8190 Notices are effective upon of receipt. Section 22. Public Facility It is the City's intention that the Kenai Recreation Center and the programs ' therein be available to the public. The Contractor may not restrict appropriat participation at the facility or public access for appropriate use of the facility. The fees charged by the contractor must not discourage public use and should be consistent with fees charged for similar services at other municipal recreation centers., Section 23. Relationship of Parties Contractor shall perform its obligations hereunder as an independent contractor of the City. Kenai may administer this Agreement and monitor Contractor's compliance with its obligations hereunder. The City shall not supervise or direct Contractor other than as provijded iii ~ this Agreement. ~ Section 24. Permits, Laws and Taxes Contractor shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to its performance under this Agreement. All actions taken by C~2~ctor under this Agreement shall comply with all applicable statutes, ordinances, roles and regul~ion/ Contractor shall pay all taxes pertaining to its performance under this Agreement. KENAI RECREATION CENTER PARTNER~G AGREEMENT Page 10 of 15 Section 25. Non-waiver The failure of either party at any time to enforce a provision of this Agreemem shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agre~nen~ ) any part hereof, or the right of such party thereafter to enforce each and every provision hereof. Section 26. Amendment. A. This Agreement shall only be amended, modified or changed by a · amendment, executed by authorized representatives of the parties. B. For the purposes of any amendment modification or change to the terms and conditions of this Agreement, the only authorized representatives of the parties are- Contractor, Executive Director and Board President, Boys and Girls Club of Kenai Peninsula; City of Kena', City Manager. / ~72 C. Any attempt to amend, modify, or change this Agreement by either an unauthorized representative or unauthorized means shall be void. Section 27. Jurisdiction: Choice of Law ~for/;~, Any civil action rising from this Agreement shall be brought in the Superior Co ~ Third Judicial District of the State of Alaska at Kenai. The law of the State of Alaska shall govern the rights and obligations of the parties under this Agreement. Section 28. Severability _I Any provision of this Agreement decreed invalid by a court of competent j tio/ shall not invalidate the remaining provisions of this Agreement. KENAI REC~ATION CENTER PARTNERING AGREEMENT Page 11 of 15 Section 29. Integration This instrument and all appendices and amendments hereto embody the entire Agre. ement ~ of the parties. There are no promises, terms, conditions or obligations other than those e~tai~~ herein; and this Agreement shall supersede all previous communications, representations or contracts, either oral or written, between the parties hereto. Section 30. Inspection and Retention of Records Contractor shall, upon reasonable notice by the City, make available to the _ examination, all of its records with respect to all matters covered by this Agreement for a period ending three (3) years after the date Contractor is to complete performance. Upon request, and within a reasonable 'time, Contractor shall submit such other information and reports relating t/o its activities under this Agreement, to the City, in such form and at such times as the reasonably require. Contractor shall permit the City to audit, examine and make copies of such records, and to make audits of all invoices, materials, and other data relating to all matters covered by this Agreement. The City may, at its option, permit Contractor to submit its to the City in lieu of the retention requirements of this section. Section 31. Employees The Boys and Girls Club shall give reasonable consideration to hiring those qualified employees of the City of Kenai, Parks and Recreation Department, Kenai Recreatio~_~mer, who have been laid off in FY2003-2004 and who may apply for employment with the Girls Club in 2003. Section 32. Third Party Beneficiaries KENAI RECREATION CENTER PARTNERING AGREEMENT Page 12 of 15 There are no intended third party beneficiaries of this Agreement, and no person other than the named parties to this Agreement (the City of Kenai and the Kenai Peninsula Bovs and Girls Club) shall acquire any fights under it. / / Section 33. Liaison , The Board of Directors of the Kenai Peninsula Boys and Girls Club and the Kenai Parks board/c and Recreation Commission shall each designate a liaison who shall attend a ,_'ss/on meeting of the other entity twice a year to discuss the operation of the Center. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and at the place shown below. CITY OF KENAI BOYS AND GIRLS CLUB OF ~ I~NAI PENINSULA By: By: DATE: Linda L. Snow City Manager Tina H erford Executive Director DATED: By: Peter Micciche, President of the Board of Directors DATED: ATTEST: Carol L. Freas, City Clerk KENM RECREATION CENTER PARTNERING AGREEMENT Page 13 of 15 Approved as to form: Cary R. Graves City Attorney KENAI RECREATION CENTER PARTNERING AGREEMENT Page 14 of 15 STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of ,2003, LINDA L, Jl~lO~] KENAI CITY MANAGER, being personally known to me or having produced saJisfa¢ ot~ evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing insmnnent. Notary Public for the State of Alaska. My Commission Expires' STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of ,2003, TINA HERFO/~,~ EXECUTIVE DIRECTOR of the KENAI PENINSULA BOYS AND GIRLS CLUB~ein~ \ personally known to me or having produced satisfactory evidence of before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for the State of Alaska. My Commission Expires' STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of ,2003, PETER MIQCiCHE, PRESIDENT of the BOARD OF DIRECTORS OF TIlE KENAI PENINSULA BO~~dqI),~ GIRLS CLUB, being personally known to me or having prOduced satisfactory evide~/ce identification, appeared before me and acknowledged the voluntary and authorized exec~f the foregoing instrument. Notary Public for the State of Alaska. My Commission Expires' KENAI RECREATION CENTER PARTNERING AGREEMENT Page 15 of 15 KENAI RECREATION CENTER PARTNERING AGREEMENT between The Boys and Girls Clubs of the Kenai Peninsula and The City of Kenai SCOPE OF MANAGEMENT SERVICES It is the intent of this Agreement to provide a vehicle by which management be rendered by Contractor at the Center. Section 1. Management Management of the Kenai Recreation Center by Contractor shall include perfo the following duties: A, Operation. Contractor shall prepare an annual operating budget and an annual operations plan for the Center. Contractor shall work with the Administrator to assure that the Operations Plan meets the requirements and expectations of the City of Kenai. ~av ' B. Concessions. Contractor may operate Concessions. Contractor shall e exclusive right to operate concessions in the Center. Ce Revenues. Contractor shall collect and retain all revenues generated by the Center. Appropriate methods for financial control and auditing will be implemented. ~,~City/ of Kenai shall not have any liability or responsibility for funding any deficits or any part thj~reof/ D. Operational Services. Contractor shall provide all employees and volunteer staff required for the operation of the Center. SCOPE OF MANAGEMENT SERVICES Attachment B Page 1 of 4 ge Fee Schedule. Contractor shall develop and publish fee schedules for all events and activities at the Center. F. Appearance. Contractor shall keep all facilities of the Center in a clan / sanitary condition during the period of operation. Ge Community Services. Contractor shall consider input from community residents and groups to provide community services for recreation, education, cultural and leisure , activities. ~ Section ~. Scheduling The parties agree that the Contractor shall maintain daily, monthly and annual schedules of services and activities. Section 3. Services' '~ ~ A. The parties agree that recreational, educational, cultural, and leisure pro _ ~ services for all age groups shall be offered to the public during operating hours. Contractor is responsible for defining said services and coordinating all aspects of service offerings. Contractor shall maintain public use services through the Recreation Center. Contract4 sh~il make it a priority to provide the following services: 1. Toddler Time , Home School Gym 3. Senior Exercise Wallyball and Racquetball 5. Open Gym Time 6. Volleyball , Weight Room and Sauna SCOPE OF MANAGEMENT SERVICES Attachment B Page 2 of 4 ge Men's and Women's Adult Basketball Leagues. B. Contractor agrees to make the facility available to other community user .groups and/or organizations in order to serve the varied interest and needs of the community. C~tra~~ may charge a fee for said programs and/or services. However, Contractor agrees to cofittnue me traditional practice of making the Center available to Kenai Central High School and Skyview High School for after-prom and at~er-graduation activities at no fee.' Section 4. Operating Hours and Dates Contractor shall operate the Kenai Recreation Center according to a published Section 5. Employees and Volunteers Contractor shall comply with all applicable, local, state, and federal laws relating to employment practices. Contractor shall provide, at its own expense, a sufficient numb~~~ employees and/or volunteers to meet the hours of operation and serve the public efficienll,y,_/ .... ~ Section 6. Fees and Charges A, Contractor will publish, post or otherwise make available all fee schedules. rentals. Contractor will collect and retain all fees and charges for programs, servi{ Section 7. Accounting and Reporting Contractor shall maintain such books, records, and accounts of operation as would be considered prudent for such an operation. Section 8. Cleaning of the Premises mo Contractor will provide all janitorial services and supplies required to keep the Center clean and presentable. SCOPE OF MANAGEMENT SERVICES Attachment B Page 3 of 4 Be Contractor shall not permit any garbage or other refuse to accumulate on the premises. Section 9. Security Contractor shall take all reasonable precautions to prevent unauthorized ent to Recreation Center including the placing of signs or other devices intended to deter or restrict such entry. Contractor shall develop and follow policies and procedures relating to issuing keys, 1 handling cash and deposits, opening and closing, and dealing with difficult patrons. / / Section 10. Snow Removal Contractor shall be responsible for snow removal of all sidewalks around the building or leading up to the building of the Recreation Center. Responsibility for snow removal of the parking lot shall be the City's. Section 11. Annual Community Meeting Each January the Contractor will advertise and conduct a public meeting to receive public input into past and future operations of the Center. Minutes of the meeting will be recorded and forwarded to the City of Kenai. SCOPE OF MANAGEMENT SERVICES Attachment B Page 4 of 4 Kenai Recreation Center Budget Question' Should the City of Kenai accept or reject the partnering agreement (contract) with the Boys & Girls Club (B&GC) to run the Kenai Recreation Center? Options Offered: The City Council offered the Parks and Recreation Commission 2 options for the Recreation Center's budget. 1) A proposed contract with the B&GC or 2) Raise fees and cut hours. Neither of these options offer any long-term commitment to the current adults or teens programs. Public Meetings April 4, 2003 - City Council Budget Work Session. The Boys & Girls Club gave a slide presentation. Two members of the City Parks & Recreation Commission urged caution, further review. All members of the public who spoke testified against the proposed contract. April 16, 2002 - City Council Budget Work Session. The Council discussed the Recreation Dept. budget with the proposed contract with the B&GC. All members of the public who spoke testified against the proposed contract, requested other budget modifications instead. Mayor Williams issued a challenge: he will vote (to fully fund the Rec Center)' if 100 Kenai voters sign a petition to raise the mill rate 2 mills. May 1, 2003 - Parks & Recreation Commission Meeting. The Parks & Recreation Commission reviewed the proposed B&GC contract. Nine public comments were taken, all against the proposal. Many felt that the city should explore other options or even table the issue until next year. The B&GC representatives left many questions unanswered. The Commission voted to table the issue. May 6, 2003 -City_ Council/Parks & Recreation Commission Joint Work Session. Five Parks & Rec Commissioners testified that they felt the process was going too fast, that they did not have enough information, and cited public opposition, one Commissioner was in favor of the proposal. All members of the public who spoke (other than B&GC employee/Board member) testified against the proposed contract, cited many deficiencies in the proposed contract, asked the City Council to consider alternatives. A petition against the B&GC proposal, signed by 455 signatures Kenai voters, residents, Rec Center users was presented to the Council. Four teenage girls expressed their dislike for the B&GC programs and management style. The B&GC representatives were present, would not guarantee to keep the current adult or teen programs in place. Rick Henderson from B&GC of Anchorage gave a presentation about the Anchorage/Mt. View Community Center management agreement. May 15, 2003 - Parks & Recreation Commission Special Meeting. The Commission asked that public testimony be limited to new points. Four members of the public testified, all against the B&GC contract, offered 7 different budget alternatives for the City Council to explore, including a modified budget that cut another $260,000 and identified another $89,000 in revenue. By a majority vote (4-1) Commission recommended that the City Council reject the proposed B&GC contract, stating three reasons: (1) the B&GC proposal was moving too fast-- the Commission was given barely one month to review the proposal and act on it; (2) overwhelming public opposition: 99% of public testimony was against the plan; (3) other alternatives had not been fully explored; the Commission expressed it confidence that the City could come up with a better proposal. Findings of Facts 1) The Parks and Recreation Commission rejected the proposed Partnering Agreement (contract) with the B&GC. 2) The P&R Commission and the public cited many deficiencies in the proposed B&GC contract. 3) 99% public comment against the B&GC contract, encouraged the City Council to explore other options, at least five (5) other options were identified in public testimony. 4) More that 455 signatures were obtained, requesting the City Council to pursue other options, at least 192 signatures identifying themselves as Kenai residents and voters. 5) Public comment from the teens expressed opposition to the B&GC programs. 6) Representatives from the B&GC would make no long-term commitment to the current adult or teen programs now in place at the Kenai Recreation Center. Analysis of the Contract Revealed the Following Deficiencies: As written, the contract is for exclusive use (like a lease) virtually in perpetuity, or for as long as the B&GC wants it. The B&GC makes no. guarantees for keeping the current adult or teen programs. The B&GC charges a membership fee. (The current city-run facility has no such fee). The contract is not a cost savings overall: the city will pay all maintenance, repairs and utilities, pay B&GC $125,000, let them keep all revenue (approx. $80,000 last year), and give up all B&GC space rent revenue (Example: $900 rent for April 2003). This is compared to the other alternative, cutting the Rec Dept. budget $110,000. No operational plan is required of the B&GC until 6 months after the contract is signed. The contract was not put out for competitive bid to obtain the best offer. B&GC is not required to open its Board meetings/records about the Rec Center to the public. Conclusion' Based on the findings of fact, public comment, and analysis, the proposed Partnering Agreement (contract) with the Boys and Girls Club is not in the best interest of the City of Kenai for the operation of the Kenai Recreation Center. Summary / Recommendations: 1) Reject the B&GC Partnering Agreement (contract). 2) Continue to operate the recreation center as a city-mn facility. 3) Adopt Alternative "A" that was presented by the Friends of the Kenai Recreation Center at the May 15th P&R Commission meeting' keeps KRC open on the same schedule as FY 2003, with the same programs, mn by City employees. (See Attached for Alternatives for Recreation Center Funding) 4) Allow the P&R Commission to investigate alternatives for the KRC during FY 2004, and to report to the City Council, as allowed by City Code. KENAI RECREATION CENTER ALTERNATIVES A - Status quo Budget (means 0.28 mill increase), plus direction to City Administration for management changes, revenue increases, long term planning. B - Administration's budget (if Boys & Girls Club proposal is not approved). C - Recreation (or parks/recreation) Service District, with ordinance and mill rate cap. D - Give up recreation (or parks/recreation) powers to KPB, join with NPRSA (North Peninsula Recreation Service Area). This will require consent of KPB. E - Private Operator- competitive bid, plus arms-length contract required. F - Alternative Budget (means cutting other places in FY 2002 City department budgets), plus direction to City Administration for management changes, revenue increases, long term planning. G - Boys & Girls Club proposal. TO: FROM: DATE: RE: CITY OF KENAI 'X~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7835 FAX 907-283-3014 ~ MEMORANDUM '111'-t'.' Mayor and Council Members Carol L. Freas, City May 15, 2003 CITY COUNCIL POLICY: COMMISSION, COMMI~EE, BOARD AND COUNCIL ON AGING M~ETING $CHEDULE$ The Kenai Municipal Code, Chapter 1.90.050(a) states, Ail boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. Kenai City Council has authority, as noted above, to regulate meetings of the City's commissions, committees and boards. Pursuant to that authority, Council, at their April 14, 2003 budget work session, directed a new policy regarding commission, committee, board and Council on Aging meetings be set, as well as indicating the form of minutes to be generated from the meetings and who will take notes and make electronic recordings of the meetings. Attached is a draft policy incorporating Council's directives. Because of the nature of this new policy, council's policy of january, 2000 regarding work sessions for commissions, committees and boards, has been integrated into the new policy. Please note, the new policy indicates approval be received from the City Clerk, with Council and City Manager notification, for special meetings and/or work sessions. This has been suggested to insure proper advertising, packet preparation, and because scheduling for the use of the council chambers and Clerk's conference room are kept by the Clerk and, since the commission, committee, board and Council on Aging meetings will be held bi-monthly or as indicated in the schedule, it may not always be timely to wait for a council meeting to acquire approval to hold a special meeting/work session. Having council liaisons in attendance at the groups' meetings is another insurance a special meeting would be warranted. (See Items 5, 12 and 13.) Copies of the draft policy have been taken before the city commission, committee and board for review and discussion. The following schedule has been amended to indicate their suggested changes. Does Council approve the attached Policy for Commission, Committee, Board and Council On Aging Meetings and Work Sessions? KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS In consideration of constraints in the Fiscal Year 2004 budget, direction is given as follows: Meetin~ Schedules: 1. Library, Harbor, Parks & Recreation and Airport Commissions' shall meet bi- monthly. 2. Beautification Committee shall meet January through May. 3. Council on Aging shall meet bi-monthly at the Kenai Senior Center. 4. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this bi-monthly meeting directive. 5. Commissions, committees, boards and the Council on Aging may, with City Clerk's approval and notification of Council, hold special meetings (for a specific purpose) in their alternate/off-months on an as-needed basis. 6. All commission, com~,_'ttee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7:00 p.m. 7. Any additional conunissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Minutes / Meetin~ 8. Excepting the Planning & Zoning Commission, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning & Zoning Commission, shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessions: 12. Commission, committees and boards shall receive the City Clerk's ~approval to hold work sessions to be held on a date other than that of a regularly scheduled meeting or at a time immediately prior to a .regularly scheduled meeting, i.e. a 6:00 p.m. work session before a 7:00 p.m. meeting. Work sessions may be held w~thout the Cx Clerk's a roval if 13. ' ' 'ty pp ' they occur on the night of a regularly scheduled meeting at or after the time of the regularly scheduled meeting. 14. During work sessions, only items on the meeting's agenda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetings must be given appropriate public notice. Schedules for all City of Kenai commissions, committees, boards and Council on Aging meetings are as follows: Commission/Committee / Board Planning & Zoning Commission Librat~ Commission Harbor Commission Council on Aging Beautification Committee Parks & Recreation Commission Airport Commission Meetin~ Schedule Twice monthly Bi-monthly Bi-monthly Bi-monthly Six months Bi-monthly As Indicated Meetin~ Months January through December Jan., Mar., Ma),, July, Sept., Nov. Jan., Mar., Ma),, July, Sept., Nov. Jan., Mar., Ma),, July, Sept., Nov. Jan., Feb., Mar., April, Ma), Feb., April, June, Aug., Oct., Dec. Feb., April, June, Au~., Oct, Sept. EFFECTIVE: This policy shall take effect on July 1, 2003 and remain in effect until modified by the Kenai City Council. Approved by the Kenai City Council on the 21st day of May, 2003. John d. Williams, Mayor James C. Bookey, III, Vice Mayor Linda Swarner, Council Member Joe Moore, Council Member Pat Porter, Council Member Amy Jackman, Council Member John Osborne, Council Member clf KENAI CITY COUNCIL POLICY FOR COMMISSION, COMMITTEE, BOARD AND COUNCIL ON AGING MEETINGS AND WORK SESSIONS In consideration of constraints in the Fiscal Year 2004 budget, direction is given as follows: Meeting Schedules: 1. Library, Harbor, Parks & Recreation and Airport Commissions shall meet bi- monthly. 2. Beautification Committee shall meet January through May. 3. Council on Aging shall meet bi-monthly at the Kenai Senior Center. 4. Planning & Zoning Commission and the Personnel Arbitration Board is exempted from this bi-monthly meeting directive. 5. Commissions, committees, boards and the Council on Aging may, with City Clerk's approval and notification of Council and City Manager, hold special meetings (for a specific purpose) in their alternate/off-mOnths on an as-needed basis. 6. Ail commission, committee and board meetings (except Council on Aging) will be held at Kenai City Hall and begin at 7'00 p.m. 7. Any additional commissions, committees, or boards formed will be set and incorporated into the following meeting schedule by the City Council. Minutes/Meeting Recording: 8. Excepting the Planning & Zoning Commission, responsibility of taking notes and electronically recording the commission, committee, board meetings, falls to the department liaison (staff member) to the specific meeting group. 9. Summary minutes will be produced by the City Clerk from the department liaison notes and provided to the City Council as official records of the meetings. 10. Electronic recordings of the meeting group, except the Planning & Zoning Commission, shall be kept for two years. 11. Planning & Zoning Commission meeting recordings shall continue to be kept for six years. Work Sessions: 12. Commission, committees and boards shall receive the City Clerk's approval to hold work sessions to be held on a date other than that of a regularly scheduled mcetin§ or at a time immediately prior to a re~larly scheduled meetin§, i.e. a 6:00 p.m. work session before a 7'00 p.m. meetin§. 13. Work sessions may be held without the City Clerk's approval if they occur on the ni§ht of a re§ularly scheduled meetin§ at or after the time of the re~tlarly scheduled meetin§. 14. Durin§ work sessions, only items on the meetin§'s a§enda may be discussed and no formal actions may be taken. 15. All commission, committee and board meetin§s must be §iven appropriate public notice. Schedules for all City of Kenai commissions, committees, boards and Council on Aging meetings are as follows: Commission/Committee /Board Planning & Zoning Commission Library Commission Meetin[~ Schedule Twice monthly Bi-monthly Harbor Commission Bi-monthly Council on Aging Beautification Committee Parks & Recreation Commission Airport Commission Bi-monthly Five months Bi-monthly iAS INDICATED] Bi-monthly Meet!n$ Months January through December Jan., Mar., May, July, Sept., Nov. Jan., Mar., May, July, Sept., Nov. Jan., Mar., May, July, Sept., Nov. Jan., Feb., Mar., April, May Feb., April, June, Aug., Oct., Dec. Feb., April, June, Aug., Oct, Sept. EFFECTIVE: This policy shall take effect on July 1, 2003 and remain in effect until modified by the Kenai City Council. Approved by the Kenai City Council on the 21st day of May, 2003. John J. Williams, Mayor James C. Bookey, III, Vice Mayor Linda Swarner, Council Member Joe Moore, Council Member Pat Porter, Council Member Amy Jackman, Council Member John Osborne, Council Member clf AND l~UL~ Ol~ PI~OC~DUI~E M&YOI~'~ COUNC~FL ON AGING ~NAT: ALASKA The members of the Mayor's Council on Aging, Kenai, Alaska, a local committee organized under the laws of the State of Alaska, pursuant to federal and state funding, having as its object, the following code of by-laws and rules of procedure as its guidelines in all future operations. The mission of the Mayor's Council On Aging is to advise the Mayor, City Council, Director, and the City of Kenai, of the needs of the elderly in the area, support the programs which enable the continued independence of senior citizens and serve as an advisory committee, whose purpose and make-up will be set forth under Article I, Section 3. ~ The adoption of these by-laws and rules supersedes, replaces, and nullifies any and all previously enacted, utilized, or governing rules or by-laws and further, by adoption of these by-laws and rules, the previously existing Mayor's Council on Aging is deemed dissolved. Article I MEMBERSHIP The Council shall have a membership of nine (9) members. Over one-half of the members shall be participants of the Senior Citizens' programs, sponsored by the City of Kenai. The members of the Council shall be chosen in the following manner' le Members shall be chosen from among persons who have shown an interest in the areas of the problems of the elderly. e The Mayor will appoint members to the Council on Aging subject to confn'mation by the City Council. e There shall be a me-member Mayor's Council on Aging appointed by the Mayor of Kenai. Five (5) members will be chosen from senior citizens who participate in the senior citizen programs sponsored by the City of Kenai. More than one-half of the Mayor's Council on Aging members shall be participants of City of Kenai sponsored senior citizens' programs. The duties of the COuncil will be as follows: Advise the Director of Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. bo Forward copies of written minutes from meetings to the Mayor of the City of Kenai, who, in turn, will forward the report to the City Council. C. To the extent practical,' communications, advice, and reports shall be in written form and shall represent a consensus of the committee. Article II ELIGIBILITY A member of the Council shall be an adult person residing in the Kenai Peninsula area, and 51% of which must be sixty (60) years of age or older. No employee of the City of Kenai is eligible for membership. There will be no more than one member per household. Article III MEETINGS Regular meetings shall be held ~onthly. There shall be one annual meeting held on the first Thursday in January of each year with fifteen days' notice given to all . members of the Council. Special meetings may be called by the chairperson ~ approval of the Kenai CiW Clerk and notification of Council. Participating senior citizens shall be notified of the date, time, and place of the meeting by the monthly newsletter. All meetings shall be open to the public. However, this does not automatically ensure participation by non-members of the Council. Article IV PLACE OF MEETINGS The meetings shall be held at the place designated as the Kenai Senior Citizens Center in Kenai, Alaska, or at the City of Kenai offices. Article V qUORUM A majority of the current membership shall constitute a quorum for the transaction of all business. Article VI POWERS OF THE COUNCIL The powers of the Council are advisory only and are derived from the federal, state, and city local governments which provide the funds for operation and all powers and -2- activities shall be exercised in accordance with law. All action taken by this Council shall be submitted to the City Administrator and shall be subject to approval by the Kenai City Council. Article VII OFFICERS Officers shall be elected for one-year terms at the annual meetin§. There shall be a Chairperson and Vice-Chairperson. Officers are limited to two (2) successive terms in the same office. Article VIII TERM OF APPOINTMENT AND ATTENDANCE Members of the Council are appointed by the City of Kenai to serve three (3) years or until termination by: , 2. 3. 4. Resignation; Request of Kenai Mayor's Council on Aging; Upon request of the City of Kenai; or Three (3) consecutive absences from monthly meetings. The term of each appointed member of the commission shall be three (3) years. The terms shall be staggered so that three (3) members shall be appointed every third year and three (3) members shall be appointed in each of the other years of every such three-year period. After six (6) years active membership on the council, the member may be appointed an honorary advisor to the Council without voting privileges. Any member who misses three successive regular monthly meetings will be removed from the Council and a replacement will be appointed by the Mayor. Article IX VOLUNTEERS Volunteers wishing to serve upon committees established by the Kenai Mayor's Council on Aging may be appointed by the Council chairperson or his representative to do so without, therefore, becoming members of the Council. Article X RULES OF MEETING All meetings of the Council shall be conducted in accordance with rules of parliamentary practice and, in the absence of other authority, shall be governed by the provisions of Roberts Rules of Order. -3- At a regular meeting of the Kenai Mayor's Council on Aging, Kenai, Alaska, the amended by-laws and rules of procedures were adopted as the official by-laws and rules of procedure by a majority vote of a quorum of the members present on the [FOURTH] ~ day of [APRIL, 2002 Ma.v: 2003. Chairperson Attest: John J. Williams, Mayor JV~ ID.15, 2,003 Memo Linda Snow, City Manager Chuck Kopp, Chief of Police May 19, 2003 Apdl 2003 Report Dudng Apdl the Kenai Police Department responded to 500 calls for service. The Communications Center received 71 911 calls for emergency assistance. Officer Miller attended a one-week field training officer course. He excels as a trainer and serves as a pdmary field-training officer for the department. On June 5"~, Officers Tumage and Hershberger will be graduating from the Department of Public Safety Police Academy in Sitka. Officer Tumage is currently #1 in academic standing, and is expected to graduate as valedictorian. Chief Kopp and Fire Chief Walden completed a proposal to Senators Murkowski and Stevens, Congressman Young, and Govemor Murkowski requesting funding for the completion of the City of Kenai Emergency Operations Center. The completion of this facility will greatly contribute to the disaster response and preparedness capabilities of our City and Borough govemments. See attached letters of support from the Alaska Office of Homeland Secudty and Emergency Services, and the Alaska Land Mobile Radio project team. A speciai D.A.R.E. culmination ceremony for the 150 students graduating from the program was held April 15, 2003, 7:00pm, at the Mountain View Elementary gymnasium. This special program attended by over 500 people (parents, guardians, visitors, and the students) was a powerful statement of the partnership that exists in our community between the police, parents, and schools to prevent the devastation of drug abuse in the lives of our children. MOTOFIOLA May 16, 2003 Senator Lisa Murkowski 322 Hart Senate Building Washington DC, 20510 Senator Murkowski: Motorola is currently under contract to the State of Alaska and Alaska Department of Defense to design and build Phase 1 of the Alaska Land Mobile Radio (ALMR) project. Concurrently, we are working with various local government jurisdictions to assist them with planning for furore interface to the ALMR system. Motorola is enthusiastic about the forward planning of the City of Kenai's Emergency Operation Center proposal which will include Motorola Centra-Com Gold Elite consoles and Motorola Quantar radios. This is necessary equipment for forward migration to the statewide ALMR system repeaters already purchased by the State of Alaska and the Department of Defense for the ALMR project. This is the same equipment used by many other major public safety dispatch centers in Alaska. The City of Kenai is designated in the ALMR master plan as a site for connectivity. This emergency operations center will facilitate the connectivity of the Kenai Peninsula Borough to the ALMR network. Additionally, the City of Kenai Emergency Operations Center will be a modem, technologically sophisticated hub of radio and telecommuncations that will greatly enhance the disaster response capabilities of all emergency responders throughout the borough. The Motorola ALMR project team looks forward to working with the City of Kenai on this project. If you have any questions regarding the ALMR project, please contact me at (907) 261-5170. Regards, Dwayne Sakumoto Senior Account Manager State and Local Government Accounts Motorola, Inc., Corporate Offices 1303 E. Algonquin Road, Schaumburg, IL 60196 T: (847) 576-5000 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DMSION OF EMERGENCY SER FICE$ FRANK MURKO WSKZ, GO VERNOR P.O. Box 5750 Ft. Richardson, AK 99505-5750 Phone: (800) 4715-2337 Fax: (907) 428-7009 www. ak-prepared, com May 14, 2003 Scott Walden Fire Chief City of Kenai 105 South Willow Street Kenai, AK 99611 Dear Scott: The Office of Homeland Security and Emergency Services (OHS&ES) fully supports your efforts to upgrade, equip and furnish your Kenai Emergency Operations Center (EOC). Centrally located in the Kenai Peninsula Borough, it will clearly provide a state of the an backup capability for emergency coordinators and other staff to respond to all types of disasters and emergencies in the BOrough, ~"W~ll' as provide an altemate capability for your neighbors to the north (Anchorage and Mat-Su Borough). The newly upgraded EOC will also be a practical daily operations hub for all significant Kenai activities. I believe your enhanced EOC could also serve as a convenient training and exercise facility for emergency management, homeland security and other related courses and training offered by various private, local, State and federal agencies and organizations. · OHS&ES will be one of the first agencies to schedule such events when the upgrade is complete. The Office of Homeland Security and Emergency Services commends your actions to assist the citizens of Alaska in becoming better prepared to respond to disasters, emergencies, and acts of terrorism. Please contact me if you need additional info~ation or assistance. Sincerely, · .. Assistant'G6~ssi0ner - office .of Homeland Security & Emergency Services N:WILEP~02 DES Office Administration's2.1 Gen. Con'~pondmw~W, enai EOC llx MayO3.doc _ 11AY-20-2003 TUE 10:54 Ali KPB EYIERGENCY I1ANRGEYIENT May 20, 2003 FAX NO. 9072628603 P, 02 KENAI PENINSULA BOROUGH 144 N. Binkley $1. Soldotna, Alaska 99669 Business: (907) 262-4441 Fax: (907) 262-8616 DALE BAGLEY MAYOR Chuck Kopp, Chief Kenai Police Department 107 S. Willow ,St.. Kenai, AK 99611 Dear Chief Kopp; This letter is to confirm that during its May 14, 2003 special meeting the E911 Advisory Board (Board) voted to support the efforts of the City of Kenai (City) to secure grant funding to equip the alternate Emergency Operations Center (EEC) for emergency communications. As discussed below, I concur with this recommendation. It is understood that this is a City project, and the borough retains the authority to' provide emergency communications throughout the borough, The ProComm/Motorola proposal as supported by the board and my office shall clearly indicate that this is a City of Kenai project and the Eec is for the North Zone of the Peninsula. Your testimony to the Board indicated that the City intends to equip the center to serve as an alternate call taking and alternate Borough EOC. ^dditional~, you stated that the Cit~ would support the Borough as it seeks grant funding and develops projects to enhance emergency communications and disaster management throughout the entire borough. The proposed Kenai facility will provide an excellent alternate site, and I wish you the best of luck with your project. Sincerely, Dale Bagley Mayor Cc: Pete Sprague, Assembly President Members, Kenai Peninsula Borough Assembly David Gibbs, Office of Emergency Management CITY OF KENAI "0il Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7~ FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: SUBJ: Linda Snow, City Manager Lawrence A. Semmens, Finance Director May 13, 2003 Finance Departmem Monthly Report The finance departmem is very busy these days. The two primary activities are getting ready for the interim audit to start May 19 and completing the budget. My involvemem in legislative activity has been quite time consuming. Staying up with the various bills that may impact Kcnai is challenging especially as the pace picks up toward the end of the session. The bills that we were initially concerned with.have been eclipsed by the sales tax bill. It is not possible to determine the impact of the sales tax bill on Kenai. Clearly, there will be more incentive to drive to Anchorage for large purchases. The situation with our finance departmem compmer, the IBM AS 400, has reached a critical point. We purchased this compmer in October 1998 in preparation for the Y2K crisis. I think the total cost of the conversion was in the neighborhood of $43,000 for the new hardware and software including installation. Unfommately, the hardware is obsolete and will not be supported by IBM much longer. Our operating system is now 2 levels behind and is not supported by IBM. We cannot upgrade to the newest operating system because it will not mn on our computer. I have obtained informal quotes from the vendor's involved and the total will be about $70,000. Cfiven that level of expenditure, I plan to obtain a quote from another vendor that supplies superior software that runs on the Windows operating system. I am expecting the quote to be similar. I intend to ask Council to transfer money to cure this problem from this year's budget. There was no way to know that we would be in this situation and we do not have much time to deal with the problem. Unfortunately we do not have much choice either. MEMORANDUM Date: To: From: Subject: April 15, 2003 Linda Snow, City Manager Scott Walden, Fire Chief April 8-May 15, 2003 Department Report During this period, the department responded 113 times for emergencies (413 for the year). Kenai FD & Kenai PD completed the EOC proposal and forwarded it to the Alaska delegation and Governor, with support from City Administration; Borough Mayor and E-911 Board and OEM; State Office of Homeland Security, among others. We were successful in our request for 100% funding for Automatic External Defibrillators (AED's). The State EMS Division is providing three, valued at about $2,000 each, for placement in the City at the Senior Center, Recreation Facility and Airport Terminal. State EMS has asked us to provide another request for three more to be placed in police patrol cars. We will provide training and routine maintenance for their use. The State EMS Division reports that our request for 90% to 100% funding for a new Life Pack 12 (heart monitor/defibrillator) valued at $20,000 and the reimbursement request for the scheduled ambulance replacement (valued at $140,000) is still in the budget. The ambulance money would be used to reimburse the. City's Equipment Replacement Fund for the ambulance replacement. Asst. Chief Tilly and Chief Kopp developed an outreach program for the City and LEPC targeting community preparedness for disasters. The Borough LEPC adopted it for public awareness. The · first public presentations will be made on Tuesday, May 200, at 7pm in the Kenai Middle School Library. The Firewise drop site for slash and brash near Section 36 is being cleared through a cooperative effort of the Borough and City, with the Borough Beetle Task Force providing a contractor through federal grant money. This program will continue year round, and has been so well received that the Borough is developing similar sites across the Peninsula. The City Attorney's Office and our department are finalizing an agreement with the Borough and Beetle Task Force to allow the Task Force to use federal grant funds to retain contractors to clear private property of hazard trees within the City. We are participating in a program with the Arctic Young Marines to help their recruits obtain medals for community involvement. Fire Marshal James Baisden, Building Official Bob Springer, along with several others from our department, the Public Works Director and Water Department did an outstanding job in working with Home Depot representatives regarding the K-Mart building. The convenience of local officials being able to provide such efficient service so quickly was a plus in their visit. The representatives were surprised at the immediate ability to give them pertinent information and an assurance of fast mm around times by the City for development plans. Remember that our department and Parks will host the BBQ and kickoff for planting season meeting of the Beautification Committee on May 31 beginning at 10am. The Kenai Firefighters Association is providing the food for the BBQ. Monthly Report For May 21, 2003 Keith Kornelis, Public Works Manager Basin View, T.oyon Way. & Schooner Circle LID: North Star Paving was awarded the Basin View project and Alaska Roadbuilders was awarded Toyon Way and Schooner Circle projects. Pillars LID: Alaska Roadbuiiders has finished everything but the topsoil and seeding. McCollum & Aliak LID: Council passed the resolution directing the continuation of this project. We am now waiting on additional grant funding from the State of Alaska, which we should receive in August 2003. The plan is to start the surveying and engineering to complete the bidding documents this winter and start construction in early 2004. Kenai Coastal Trail and Erosion Control Project: We received a project status report from the Corps. New Well House 4: The state recently told me that the site we were considering for the well was sold. We am now looking at a site near the sewer interceptor line but further west of the previous site. If we put in a well at this site, a water main parallel to the sewer interceptor would be needed. Wastewater Facility Plan (WWFP): The state is reviewing the Wastewater Facility Plan. CH2Mhill is in the process of completing the final plan. We am asking them to do some additional work on our GIS. Bridge Access Road W & S Feasibility Study: Wince-CortheiI-Bryson is the engineering consultant on this project. It is being paid for by an Alaska DEC and a Federal EDA grant. They are working on the amendment to the contract, which is the preliminary design. This project will be ready for the construction. Boating Facility: We did not receive any bids for the lease of the Kenai Public Dock Stations No. 2 & 3. Resolution No. 2003-27 awards the lease to R & R Seafood as per their proposal for $21 000, which is $2,500 less than the minimum bid and the amount they paid last year. R & J Seafood wili make up the $2,500 difference by providing the labor to clean and maintain the restroom facility and area including watering, fertilizing, liming, and mowing the lawn from June 10 to August 10, 2003. , KMC Changes to W & S Regulations: We have some changes to our water and sewer rules and regulations that need to be made, including a grease ordinance. Consumer Confidence Report, CCR: The 2002 report has been completed (and approved by DEC) and has been sent to the printers. Dip Net Fishery: We have made the changes on the signs to reflect the new pdces for launching and parking. I have received the new pay envelopes. ADF&G purchased and had DOT deliver rocks and concrete to the section line easement access to the south side to help protect the adjacent pdvate property, We placed the rocks and concrete where ADF& G directed. ~ Streets: We have swept streets, bike paths, and parking lots, graded roads, completed the street light storage area, repaired signs, graded and compacted the airport gravel runway, replaced barricades that are missing or damaged, inventoried cutting edges and brushes for the sweepers, repaired road drainage problems, set the floats for the dock, hauled mud from the dock to the race track, moved the skateboard ramps,, built and installed a box for a wash down hose, and helped paint the street traffic lines. Water & Sewer & STP: We have modified the vactor truck transfer capability, modified the secure tool room at the crew building, set up the water draft line at the Float Plane Basin, reprogrammed the STP modem, unplugged sewer lines, cleaned some sewer mains, took water samples, repaired and flushed fire hydrants, backwashed the well houses, and worked on the SCADA communication system. The Wastewater Treatment Plant aligned the motor on the basin air compressor, pumped out the grease from the inlet manhole, repaired the chlorine building heater, worked on the belt press, and changed the bearings in the last basin blower so they all now use synthetic grease. CITY OF KENAI 210 IqDALGO AVE., SUITE 200 KEN,M, AL&S~ 99611-TT94 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' FROM- DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager May 15, 2003 Department report-Council meeting of May 21, 2003 A Public Works bid information sheet is attached. I wiil miss this City Council meeting, as I will be attending the Alaska Airports Conforenco with Marilyn Kobschuli and Airport personnel. The conforenc~ is hosted by FAA-and Alaska DOT & PF every two years. An ordinance will be introduced at this meeting to rezone certain properties to the Education Zone. The Planning and Zoning Commission passed Resolution PZ03-17 recommending properties for inclusion in the zone at the May 14, 2003 meeting. Two purchase orders to Wince-CorthelI-Bryson will be on the list of PO's over $2500 for approval. One provides engineering services to prepare bid documents for Airport Security Gate Modifications and Airport Terminal Area Security Cameras. The other .is to update the Airport ALP Drawings as a part of the ARRF/SRE project closeout. All of these projects are part of the Airport AlP Program. nal Municipal Airport Airport Manager's Monthly Report May 14, 2003 Airport Triangle Landscaping Project: The project will kick off next week. In discussing project cost concerns with Steve Booth, it was suggested that eliminating the metal salmon and the sign could save a considerable amount of money. These two items represented one half of the total project cost. Questions have also risen over the sign bids. This bid may require a formal bid process. A formal bid process would be lengthy and involve additional costs for bid documents, advertising, and printing. Steve and I believe the project will be attractive and maintainable without these two items resulting in a cost saving of over $8,000. If desired, a sign could be added later. This approach seems the most reasonable give the current budget situation. Terminal Access Project: Airport Commission reviewed the project concept at their last meeting. FAA has agreed to program funds for the grant eligible portions of this project and the grant application documents arc under development. Once the grant is approved, further public meetings and design work will proceed. Handicap Lift: Scheduled for delivery in late May. Tentative schedule has training for Era employees on May 29 and 30. We plan to have the new lif~ on display at the Air Fair Breakfast on May 31. Airport Espresso Bar: The Airport Espresso Bar project is well under way with the water and electrical jobs completed. The owners of Wings Family Diner will be opening it soon. I am also working with Kay Shearer, Executive Director of the Kenai Chamber of Commerce in developing a Chamber display in the airport. 3rd Annual Central Peninsula Air Fair & Fun Flight: Planning meetings are ongoing for the event planned for Saturday, May 31~t. The logo has been developed and t-shirts are on order. Postcards were mailed May 7, 2003. Ads will be in the classified section under "AIRPLANE" in the Anchorage Daily NeWs, Fairbanks. Miner, and Peninsula Clarion newspapers. Jay Barrett will address other advertising avenues. The registration form, rules, and agenda are available at the following websites: www.KenaiAirport.com and www.ci.soldotna, ak.us. The Kenai Airport and the local chapter of the EAA (Experimental Aircra~ Association) will serve breakfast from 8am- 1 lam at the Kenai Airport Operations Facility with the bar-b-que from l pm- 3pm at the Soldoma Airport. Suggested donations for the breakfast are $5 for adults and $3 for senior citizens 65 & older and children 12 and under. The Soldotna barbeque is $10 for adults and $7 for senior citizens 65 & older and children 12 and under. The event is in conjunction with thc First Flight Centennial and booths and static displays are welcome. We are looking for pioneer aviators to join us for breakfast or lunch and share their stories. The concept is to provide each pioneer with a table to display photos or other memorabilia and encourage folks to sit with them and enjoy the flying stories and companionship. If you know any local pioneer aviators that might be interested please contact Kcnai coordinator Mary Bondurant at 283-7951 x 22. Airport Security: Airport Manager is continually working with Era Aviation, Transportation Security Administration (TSA) and others in the hope that TSA can continue providing agents to screen bags outbound from Kcnai Airport for transfer to other airlines. Airport Advertising: Look for our latest ad in the Alaska Business Monthly. The new slogan is "Kenai Municipal Airport, a place for your business to grow". Linda,Snow From: Ewa Jankowska Sent: Thursday, May 15, 2003 9:29 AM To: Linda Snow Cc: Kim Howard Subject: April 2003 Library report April is one of the Library's favorite months - The National Library Week celebrated libraries and reading, the Young Peoples' Poetry Week helped the students from Kenai Middle School to create their own poems and the National Volunteers' Week was an occasion to show our wonderful volunteers our appreciation. On Thursday, April 24th, we had the "volunteers' tea" given by the Library staff, who baked and cooked and served tea in china cups brought from home. We also gave everybody a license plate frame which says "Read - Follow me to the library". We continue with our programming - Toddler Storytime, Pre-School Storytime and the monthly Internet class. Since the school year is almost over, this month we kept Corey, our YoUth Services librarian, working harder than usual. Corey did an excellent job and organized special programs at schools and the yearly "Turn-Off TV event. As reported by C°rey Hall: "During the week of April 14 - 17, I worked with 6th graders at Kenai Middle School for Young Peoples' Poetry Week. Approximately 45 students worked in small groups and individually creating "sandwich poems." The week culminated with the creation of individual poems. These will be shared on May 19th. On Monday, April 21, the library hosted a Turn Off TV Kick Off Event. With a $500.00 grant from ConocoPhillips, storyteller Carol Ford presented "The Quiltmaker's Gift." A cake of a dancing chicken was created by The Cake Lady. A potluck and bingo game rounded out the evening. Although them were only 27 people in attendance, them were two families new to the library who got library cards that evening." 5/15/2003 ~cen~i O. omm~nit¥ Lt$r~~ Kenai, Alaska 99611 REPORT FOR APRIL, 2003 CIRCULATION Adult Juvenile Easy Books Fiction 1984 Non-Fiction 1636 Periodicals 64 Cassettes Intemet Access CDs Kits Misc. 233 1028 239 9 50 Total Printed Materials ............... 5882 Total Circulation ............................ 8715 WEBPAC Searches .................... 814 4O5 246 Puzzles 9 1203 344 Videos 1153 DVD 112 ADDITIONS Docs Adult Juvenile Gifts 3 136 19 Purchases - 130 42 Total Additions ............................... 445 Easy Books 35 30 AV 30 20 INTERLIBRARY LOANS Ordered Received Returned Books 31 22 31 INTERLIBRARY LOANS BY OUR LIBRARY ............ 51 INTERNET USE ......... 1028 VOLUNTEERS Number .... 17 Total Hours .....162 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,354.26 296.25 147.45 Total Income for April, 2003 ............$1,797.96 Library Cards Issued April, 2003 Kenai 40 Clam Gulch Kasilof Nikiski 14 Soldoma 21 Sterling Other Total 93 Library Patronage ...... Adult Programs ........ Childrens Programs... 7,821 Persons 78 Persons 412 Persons CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283-7926 FAX 907-283-4675 KENAI MEMORANDUM TO: FROM: DATE: Linda Snow, City Manager Robert J. Frates, Parks & Recreation Director¢ May 15, 2003 Monthly Administrative Report The Recreation Center had a total of 3,109 users during the month of March and 1,872 visited the Teen Center. The skatepark was set up in April and continues to see good usage. TOT Time and Homeschool Gym will come to a close toward the end of May at which time we will begin with our Sunday closures for the summer months. The Summer Maintenance hiring process is coming to a close as some folks are already in place assisting with our pre-season maintenance. The crew has been busy setting hoses and watering, aerating lawns, fertilizing, performing ball field preparations, and cleaning facilities. Little League started their season on May 12t~ and the Softball Association begins their season May 27th. Our local Soccer Club is geared up to use the old FAA Field this season. Approximately 40 club members showed up for a clean-up at which time the field was leveled, trash picked up, and soccer goals placed. I met with Mike Swan on May 14th and he informed me that the Department of Water & Soil Conservation has. received a grant through DNR to administer a plan for handling noxious weeds in the Soldotna/Kenai area. Mike will keep me informed of any happenings but thought that educating the public about the proliferation of dandelions might be a good start. KENAI MI.I!.,'I'I-I'III~,I'()SE FACILITY ACTIVITY i/EI'OIIT l~lonlh' M~rcll 03 AC'I'IV.ITY Customer Type' (l,rs.) KPHA KCI-tS ltomer H.S. North Pen. i[ec. Men's Over35 Rusty Blades 5 I-louston H.. S. Nikiski H.S. l-lomer t-lock_e:y Assoc. Soidotna i-I. S. Nikiski l-lockey (B._~~.).lli~'d Alaska Firebirds Total tits' Revenue: Ice Rental Figure Skati~g Public Skate Shinny Expenses' Ice Maint. Electric Gas Water and Sewer Sanitation Total Projc¢(ed Revenue: Total Projected Expenses' TII IS M()N'I'II 83.75 122.75 17 $12,888.75 77.()() 94.00 $1 !,703.39 6,285.00 357.58 57.75 75.73 $13,059.75 $18,479.45 April i~,evel~ue- $2,00() Expenses- $8,263.47 Projected 03 Revenue - $90,915.15 Expenses -$133,870.98 Tills MON'I'I-I i..,AST YEA R 58 10.5 86 $7,310 183.25 $11,703.39 3,81 I. 19 326.66 57.75 75.73 $7,493.25 $15,974.72 , Tills YEAR 'I'0 DA'YE ,, 451.45 139.50 29.5O 38.50 5 0 76 75.25 1.50 826.70 $86,803.50 724.00 1,041.15 $80,168.23 42,303.64 2,130.04' 404.25 612.91 $88,915.15 $125,607.51 CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE,, SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 TO' From' Date' Subject' Linda Snow, City Manager Rachael Craig, Senior Center Director May 14, 2002 Monthly Report to City Council Total. number of days open in April were' 22 The State quarterly report was completed. Statistics for the last quarter were as follows' Service Units' Information and Assistance to Seniors were' Congregate Meals served' Home Meals served' Assisted Rides provided' Unassisted Rides provided' Outreach' 1,100 16 2,241 2,972 4,092 468 Number of Clients served this past quarter: Congregate Meal Clients: Home Meal Clients' Assisted Transportation Clients: Unassisted Transportation Clients: 345 62 94 31 The Center was rented 6 times this month. The Wellness Clinic was cancelled. We had a great Art exhibit. Lots of beautiful items of quilts, paintings, dolls, and photography were enjoyed by everyone who viewed the exhibit. The Easter Luncheon was held with 110 plus 52 home meals. Seniors decorated Easter Eggs and made Easter baskets to be delivered to the home clients. There were 745 volunteer hours served this month We had volunteers working in the kitchen, on the reception desk; line dancers were dancing for groups, and teaching classes, community service workers, and entertainers for congregate lunch. The Director finished the NTS grant, she presented a power-point presentation to United Way Committee and we received word that we will receive a grant from Exxon-Mobil for our summer maintenance employee. Michelle Bailey P.O. Box 3509 Kenai, AK 99611 RECEiv MAY 12 2003 KENAI LEGAL DEPT. Cary R. Graves. City Attorney Kenai City Hall 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Dear Mr. Graves' I would just like to thank you for taking time out of your hectic schedule to give me some incite about your job. I really enjoyed talking to you, and appreciate you explaining the processes of your job. I already knew that I wanted to be an attorney, but your words of wisdom helped me to better understand the endless hours I will need to dedicate to studying. I had such a wonderful time speaking with you, and attending the staff' meeting. Thank you again for taking time out of your schedule to talk with me. Sincerely, Michelle Bailey CITY OF KENAI "Village with a past -- City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOI', COMMI DATE: rD Resident of the City of Kenai? ~~ How long? Residence AddreSs ~/~_~ ~~/~/-~ Marling Address ~~ ~ ~~~ ~~~ Hom~Telephone Home F~ No. Business Telephone No Business F~ No. Emil Address: EMPLO~R: ~~7~ ~~~~/~r ~~ Job Title C~ent membership ~ organ~ations: d ( C ~~ ~~, Past organizational memberships: ~'~7-~ COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Si§nature~~ INFORMATION ITEMS KENAI CITY COUNCIL MEETING MAY 21, 2003 o 5/15/03 Kenai River Special Management Area Advisory Board meeting agenda and minutes of 4 / 17 / 03 meeting. e 5/8 / 03Mary Jane Hanley letter regarding Spruce Bark Beetle mitigation. , KCHS student letters regarding various city issues. . 5 / 14 / 03 KPD letter to Senator Lisa Murkowski regarding Kenai Emergency Operations Center Funding (H.R. 1559 Emergency War Supplemental Appropriations Bill). KENAI RIVER iSpeciai Management Area "Working together_for the river" *** Meeting Agenda*** Thursday, May 15, 2003 7:00 p.m. Kenai River Center I® II. III. CALL TO ORDER A. Roll Call B. Approval of 4/17/03 minutes C. Agenda Changes and Approval PUBLIC COMMENT NEW BUSINESS IV. A. Kenai River User Study- Potential Study ideas and discussion, Doug Whittaker, Confluence Research and Consulting B. River Quest Subdivision Proposal C. USFS Trail River Campground Improvements OLD BUSINESS ge A. Commercial Operator Committee Report B. Boat Wake Study- Phase 11 Update, Chris Degemes C. Kenai River Center Update, Suzanne Fisler PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Committee Meeting at the KRC' 3'00pm Commercial Operator Committee meeting ~ the KRC. Kenai Ama Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. me *** Meeting Minutes*** Thursday, April 17, 2003 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call Present: Joe Connors, Ted Wel!man, Paul Shadura, Jim Golden, David Westerman, Ben Ellis, Roland MaW, Ken Lancaster, pete Sprague, Bill Shuster, Linda Snow, Chris Degemes, Jonne Slemons Absent: Robin West, Rick Wood, Lance Trasky (Charles Quarre has resigned since the last meeting.) B. Approval of 3/12/03 minutes Approved as written. C. Agenda Changes and Approval Ben suggested a specific public comment period after the Moratorium topic. Approved as amended. PUBLIC COMMENT None NEW BUSINESS A. KRC Public EducatiOn/Outreach Program, Jan Yeager This position was started in August of 2002. The Kenai River Center was established with the intention of providing permitting information and educational services. The decision was made to create this position to focus specifically on developing the educational part of the center since the center's staff time is taken up with regulatory and permitting functions. The goal is to enhance the general public's awareness of the purposes and services available at the Kenai River Center, to improve property owners and contractor's general awareness of regulations and policies that apply to management of natural resources, to improve the capacity and desire landowner' s and manager's to develop their property in ecological sustainable ways, and to foster a general sense of stewardship among the communities of and visitor's to the Kenai Peninsula. The primary groups being addressed have been property owners, land managers and contractors. The majority of Jan's time has been spent shadowing the Kenai River Center staff and talking to landowners trying to understand the issues the staff deals with and then developing an educational plan to address those issues. The Kenai River Center resource library and website have been implemented already. The library materials have been cataloged and organized and entered into a database. The website is getting started and will soon be a valuable information source for permitting and educational information. IV. OLD BUSINESS A. Hydrocarbon Sampling Strategy, Jonne Slemons, DEC There have been a couple of changes to the draft seen in previous meetings by the Board. Primary change is that DEC has dropped on-river fueling stations from thc study as DEC has been informed that there arc no known retail on-fiver fueling stations on thc river. Thc consensus is that there is not much fueling of boats on thc river aside from jerry cans and that would bc difficult to capture in a sampling program. Also DEC reduced the number of sampling locations because they are increasing the number of samples collected at those sites. DEC is proposing collecting storm water samples directly from two storm water ouffalls in addition to collecting samples upstream and downstream from those ouffalls to see what is coming into thc river from those out£alls. DEC has also added one more intensive sampling event in late June, collecting two samples every 4 hours fi'om 4am to 8pm. Water samples collected from storm drains, the harbor and 10% of other samples collected will be analyzed for total aqueous hydrocarbons in addition to the total aromatic hydrocarbons. DEC feels that this is a strong sampling program, and it is expected to start soon. Ben asked why Tuesday was chosen as the sampling date for motorboats. Doesn't this skew the sampling average? Jonne replied that it was intended to compare Monday, which is a non-powerboat fishing day and Tuesday, which is anticipated as a high boat day. DEC plans sampling on non-boat days as well over an extended period of time in July, to see if there is contributing hydrocarbons from various sources. The plan does include other sampling days, times and non-traffic lane locations. The purpose is to follow up on pre'Aous sampling results that indicate a potentially strong correlation between HC pollution and the presence of motorboats. DEC has made the commitment that if there is a problem with motorboats contributing hydrocarbon pollution, it needs to be quantified. Roland Maw asked when the sampling will be under~vay and said he supports the intensive sampling at the harbor mouth. J°nne replied that the sampling will begin around the end of May or first of June. She stated that they had previously looked at that sampling location but it was pulled from the program. Paul Shadura said he wanted to know what locations would be sampled for "Resource Impacts" such as spawning and rearing areas. Jonne said they are working with ADF&G to determine the exact sampling locations. Eight KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 2 of 8 potential sites have been identified and the final selections have yet to be determined. This will depend to some degree sampling locations selected by the Kenai Watershed Forum, so there is no duplication of sampling sites and there are sufficient locations sampled. B. River Terrace RV Park & Other Contaminated Sites Update, Jim Frechione, ADEC The owner is to start dismantling the two soil treatment cells starting May 1 ~t, 2003. Jim gave a brief history of the site. There is a ground water divide on the property, which creates two separate flows of water. The two plumes of contaminates flow toward the highway and toward the Kenai River. DEC introduced a microbe into one of the lower wells last October and did see a positive result, which did break down the compounds into the less toxic vinyl chloride and lesser levels still. Now DEC has ideas to introduce the microbes into the other wells. DEC feels they can control the migration on site. Joe Connors asked about time expectations and when the decision will be made regarding which treatment method to use next. Jim replied that DEC is probably going to inject the microbes in other wells in July or August. The results have been positive with samples taken a week or two later after initial injection. Pete said he is concerned with this regrouping idea and wanted to know if this will effect the new bridge construction. Jim said this site has been a problem and they are using the best available technology right now. They have checked with DOT and construction is still on schedule and the RTRVP cleanup poses no problems to the bridge project, as far as DEC is concerned., .Ted Wellman said that if there is a contamination source under the building ~vhy was the building not demolished in the first place. Jim said DEC cannot go onto someone's property and require them to tear down their building. There were attempts made to drill through the floor of the building, but the drills hit boulders and could go no ~rther. There are suspicions that there is still source material beneath the building. Jim next provided updates on other contaminated sites. .. The old Soldoma DOT maintenance station contamination is continuing to decrease and several wells have been identified that are no longer necessary. Chlorides are still high and it is unclear what the solution would be to address this without tearing out the entire riverbank. At Cooks Tesoro DEC did put in two new wells and sampled the drinking wells within 200-300 feet of fiver. There is no detection of contaminates in the water wells themselves. One well did show low levels in the soil of benzene and toluene below the water level. The contamination has not mi~ated towards the fiver. ICRSMA Advisory Board Meeting Minutes April 18, 2003 Page 3 of 8 At the Zipmart site, DEC's contractor is continuing to recover free product there. After DEC's contractor found a broken fuel pipe, DEC has surmised that the owner was losing fuel as they were filling up the storage tanks each month. A funding request for a contamination survey of the Moose Pass DOT station monies never made it through the Legislature last year, but they will continue to seek ways of working with DOT on a survey there. Ken asked who is in charge of the soil treatment cells at River Terrace, and who is responsible if the owner does not take care of dismantling these cells in May. Jim said EPA is responsible if the owner does not dismantle the cells. C. Boat Wake Study- Phase II Update, Chris Degernes Chris said the Army Corps of Engineers has developed a draft scope of work plan for Phase II, which would specifically evaluate soils in the lower river and how they are affected by boat wakes. The ACOE is committed to doing the field work for this project this summer if the State can locate the non federal matching funds that are required. Chris stated that she has been unable to locate the ~ appropriate funds yet. Around $60-70,000 is needed. Joe asked if funding does not come forward could we look at what occurred in Phase I and seeing if pans of it can be implemented into a Phase II. Chris said that Phase I was not done to be a stand-alone study. That study did not answer the question regarding how the wakes that are generated by power boats affect different types of fiver banks, and how that may affect fish habitat. It would be irresponsible to make management decisions on horsepower changes from the Phase I data alone, as it would not be clear how we might be impacting erosion along the fiver banks or fish habitat as a result. D. Moratorium on new Kenai River Sportfishing Guide Permits for 2003, Update, Chris Degernes . Chris reviewed late breaking information regarding changes in the moratorium process. Earlier in the day, DN'R Commissioner Irwin issued a press release and signed a Commissioner level decision that sets aside the moratorium on the registration of any new Kenai River fishing guides that was put into effect in October 2002. When the moratorium was implemented, the intention was to use the "breathing room" to conduct a public process and study that would help us develop a long term plan. The previous administration had identified funding to conduct the process and studies, but those funding commitments did not follow through to a new administration. The moratorium was appealed by two groups of lodge and guiding businesses to the Kenai Superior Court and they made a number of arguments, including: · The moratorium order was never subject to public comment in draft form · DNR is required to adopt a regulation if it wishes to restrict guiding in this way KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 4 of 8 'DNR lacks a reasonable basis (facts) to support such restrictions at this time · DNR lacks both constitutional and regulatory authority to impose the restrictions · The moratorium was imposed too quickly for guiding businesses to adjust for 2003 They claimed economic injury- arguing that they can't get guides to commit to work for them, resulting in current or future economic injury No further administrative action will be taken to impose a cap or moratorium on the number of KRSMA guide permits issued until the study has been completed and a proposal for any further administrative action has been made, subject to public notice and comment. The existing DNR regulatory authority is not affected and all procedures governing the issuance of KRSMA guide permits will remain in effect as they were prior to the issuance of the moratorium order. DNR may still purse other regulatory changes other than a cap on the number of permits, such as permit fee changes, etc. Chris said that one of the lessons learned from this is that we should have had our studies in place before imposing even temporary restrictions. One clear 'message is that this is a long-term issue that will not go away despite this setback today. The funds for conducting both the public process and study will need to be located somehow. DNR is conum~ed to working with the public to design a study with all parties involved, leaving no key questions unanswered. Any furore regulations or statutory changes must be based upon a factual basis. PUBLIC COMMENT ON MORATORIUM Dick Hahn said that usually when bureaucrats give a directive to do a study, somehow those who gave the orders should have funding for it. There was a lot of information gathered by the folks working for the Alaska Board of Fish contractor regarding crowding on the fiver. The questions reflected that and it would seem to me that if the BOF had received some kind of formal report from the contractor we ought to look at that for closer study. Mci Erickson said he believes most people were confused with the moratorium thinking this was a way to limit guides and a way to reduce guides. The way the moratorium was written up did change things and people could not do business as usual as they did in the past. Mel said if the permits were issued to the vessels instead of the guide there probably would not have been a lawsuit since we could still hire captains. He said there is still good support out there for this, with plans like the mentoring program from the guide association. BOARD COMMENTS ON MORATORIUM Paul Shadura asked if 'committed' means DNR is going to devise a plan to secure money in the future. Chris said this agency is committed to finding the funding, but it is unclear at this point where that might be. KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 5 of 8 Ken Lancaster said the Commissioner is committed to doing this study and coming out with some kind of legislation, but he is not going to ask the Governor for more funds to do this. We will have to find funds outside of DNR's budget for this. Ted Wellman said he is disheartened and said it is absurd that all we have been able to do (about limiting guide impacts) is a window dressing. He feels we have been led down the road twice now by the AG's office. We have not raised fees as proposed in the 1997 study and the politics do not have the force of will to protect the resource or the public's interest. Ben Ellis asked how much funding this study will take. Chris said the proposed CIP was for $140,000. This is for facilitating the process and to do the study. Joe Connors said he feels frustrated. He said there is no assurance the fight study will be done, because we obviously have not done it fight. Jonne Slemons said she has some experience in public processes, and is concerned that $140,000 is not enough for this kind of study when you look at the scientific and technical studies that might need to be done as backup. Ted Wellman said we have studied this to death for 10 years. We should collect all the studies done back to the 1992 Carrying Capacity study and make sure the results are reconciled and brought into the picture. He said we need to go outside the AG's Office to ask for a firm opinion letter as to what will work, and stop buying our legal opinions from the AG's office. Roland Maw said he agrees with the board and wants to get some legal opinion as to how we may proceed with an effective process, and what the legal steps are. Ben Ellis suggested that perhaps a legislative solution might be the best solution at this point. Ken Lancaster said that is one thing the Commissioner said to him earlier in the day is that once the study and public process is done he would like to see legislation. Roland Maw asked if the board would be able to ask a question of the AG's office regarding the options available to us. Roland made a motion to do a letter to contact the Commissioner to explore the alternatives. Joe seconded. No objections. Motion passed. Ben Ellis said the Board should explore ideas such as increasing guide fees and the number of years we might permit the guides for, such as 3 or 5 years. ICRSMA Advisory Board Meeting Minutes April 18, 2003 Page 6 of 8 Ve Vie E. Kenai River Center Update, Suzanne Fisler There are two new projects that may be of interest to Board members. A project has been proposed to replace a bridge at Castaway Cove. There are concrete abutments that are exposed in the slough channel and the bridge is starting to tilt. The owners are going to drive piling closer to the bank and remove the concrete abutments. The second is project to install a rock vane in the Upper Kenai River at Gary Galbraith's property. This is also known as a J-hook. These are used to re- channelize the river and get the fiver back into its streambed. This is the first time we have seen this process proposed for the Kenai River. Suzanne stated that she will be working closely on this issue and will keep the board informed. PUBLIC COMMENT John Nelson said it should be noted that the Kenai/Soldoma advisory committee came up with a plan that would have restricted guide hours, but the Board of Fish did not pass it. Mel Erickson said that restricting guide hours does not restrict guide numbers. It only restricts the user, which is the general sport fisherman. He suggested adding more guide stipulations, like a requirement that would require having a fishing license 3 of the last 5 years and maybe a 3 to 5 year permit and doubling the fee. ADJOURNMENT A. Board Comments Paul Shadura said he is for the resident whether it is a guide or joe fisherman. He is really distraught that there will be a large influx of non-residents coming up to get a guide permit. Joe Cormors said he is concerned that we need to stay working together and stay focused. A majority of guides want to do this fight and would accept the higher fees and 3 to 5 year permits. He wants to know why we can't we impose standards, higher fees and the mentoring program to increase the quality of the experience. Roland Maw said those are the kinds of questions need to be discussed during a legal discussion. Bill Shuster said the USFS completed the flood repair work at Russian River. He believes that the next meeting to discuss the Sterling Highway 45-60 project will take place in May. He also said we need strong advocates for sOlving the concerns about guide numbers, and the USFS's intent will be the same, to care for the long-term health of the fiver and while serving the needs of the people. KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 7 of 8 Jim Gotden said the guides recognize the problem and want to solve it. He commends that organization for taking the lead and trying to establish some change here. We have lost a valuable member of this board in Charles Quarre and we should send a letter of thanks for his time on the board. Ken Lancaster said Senate Bill 190 was introduced today, which is a KRSMA lands reclassification bill. It is incomplete in its current form as it only includes the EVOS purchased lands, and no other lands. He said he supports a letter of clarification that has been suggested here tonight. Chris Degemes said Glenda Landua of Fish & Game Habitat is leaving May 1 and deserves recognition for all of the hard work she has done for the Kenai River and its fish and wildlife habitat. Bill Shuster asked if Lance Trasky's position been dropped. Chris said each agency picks a representative, and ADF&G will need to select Lance's replacement. B. Date/Agenda of Next Meeting May 15, 2003 KRSMA Advisory Board Meeting Minutes April 18, 2003 Page 8 of 8 May 8, 2003 RECE;VE KENAI CITY C'LERK Dear Spruce Bark Beetle Mitigation Program Personnel' I live in Kenai in Woodland and have spruce bark beetles in some of the trees on my property. I had three trees taken down two years ago and now I have nine more that need to go. They are tall and close to houses so they need to be removed by a professional. This is' very expensive. Removing these nine will cost almost $1000. I anticipate more will need to be taken down in the furore. I understand there is a program in place to assist with thie process for property owners who live in the Kenai Peninsula Borough but not within the City of Kenai. I am urging you to try and put an agreement in place to assist those of us who live within city limits. The financial and logistical burden of removing these trees is significant and not doing so puts the neighborhood and community at risk. Please consider my request. Sincerely, Mary Jane Hanley Copies to: Mayor John Williams Mayor Dale Bagley Fire Chief Scott Waldren AD D RESSIC ITYISTATE/Zl P: SPRUCE BARK BEETLE MITIGATION PROGRAM REQUEST for REMOVAL OF HAZARD TREES PLEASE CHECK ALL APPLICABLE BOXES PHONE NUMBER: ,,, p/.P '~ --~. ~'.~:? - ..~. ¥~ ~.~ - k , PHYSICAL ADDRESS OF PARCEL: .//.~ ~ !&~ ~ ~ ~ 4 .... ~1/e. ~ ~ ~ ~ I LEGAL DESCRIPTIONOFPARCEL:~~[t A} ~. ] ! ~] .~ ~ i k ~ ~ ~ O ,.!5- ~ '~ I au~o~e ~e Kemi Pe~m~a Borough (~B), ~ciu~ ~y con, actor re~ed by the ~B, to enter my prope~ for ~e p~ose of fell~g dead ~or dying spruce b~k beetle ~ested ~ees along the road OR phvam road ~th ~o or more residences within 90 feet of the ~houider of the road YES ~ NO ~ If YES. please answer lhe following ~hree questions' 1. Which entity maimaim your road? Borough [-] State ~ Private [-I (:ii>: [~ 2. Would you like any felled trees left on your property? YES [--] NO 3. In the future would you be interested in having beetle infested spruce trees removed from your entire property? YES [~ N() ~ not? special conditions on your property (e.g.: standing water, shallow buried cables, ~etc) ~ .~ Please c7 z - / ..... - 7'-- - This work will be accomplished using mechanized timber harvesting methods to the specifications listed below: 1. Selectively fell and limb all spruce bark beetle killed or infested trees along the adjacent road. Trees on private land will be limbed and either removed or left in place as flat to the ground as possible, depending upon landowners' discretion. Suspended wind-thrown trees on private land will be removed or knocked down so that tree lies as flat to the ground as possible. 2. Maximum acceptable stump heights on private property shall not exceed, on the side adjacent to the highest ground, a height of 12 (twelve) inches. 3. Slash from trees on private land will be hauled or yarded to road easement where it will be either chipped and scattered, ground and scattered, or hauled from site depending upon contractor's discretion. Material left on site is to be no greater than 12 (twelve) inches in depth. I certify that I have full authority to sign this authorization form on behalf of all persons with an interest in the property and timber described on this form. I release and hold harmless the Kenai Peninsula Borough from any and all claims of any kind arising from the work described herein. dwner Si~gfi~l~re i~rinte~ ~e ' Date Borough Tax I.D. Number Spruce Bark Beetle Mitigation Program: 36130 Kenai Spur Highway, Soidoma, Alaska 99669:907 260-6202 Jennifer Daniel P.O. Box 2956 Kenai, AK 99611 Carol L. Freas, City Clerk attention mayor Williams 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Dear Mayor Williams, _______.___j KENAI CITY CLERK My name is Jennifer Daniel; I am a senior at Kenai Central High School. I am writing to you in regards of the issue in where' the Parks and Recreation Center is trying to be taken over by the Boys and Girls club. The reason I am writing in regards to this issue is because I would not like to see the boys and girls club take over the recreational center. The recreational center is used by a variety of people, people of all ages. Parents go to the rec. to work out or to play games with their children, and spend time with them. It's a place where families can bond and have a good time. If the boys and girls club wanted more room, I believe that they could build another building or them are plenty around here that are empty. They don't need to get rid of something that is a wonderful necessity to our community. Sincerely, Jennifer Daniel Zaek Hicks P.O. Box 3221 Kenai, AK 99611 May 11, 2003 Mayor John J. Williams 210 Fidalgo Ave. Suite 200 Kenai, AK 99611 Dear Mayor: I feel that the Boys and Girls Club taking over the Kenai Rec. Cemer would have a negative impact on the teenagers that use the Rec. as place to hang out. I believe that the way that the Boys and Girls Club hms their programs may work for younger kids but at the teenage level it will push more kids away than it brings in. The Rec. as it is now is a place that kids can go to get away for a while and hang out with their friends in a supervised environment. I feel that forcing kids to pay membership fees and enforcing strict dress codes will just push kids to start hanging out on comers and in front of buildings which is not what I think the city wants. I didn't use the teen center or the facilities that much but I did occasionally and there is no way I would ever pay twenty dollars to "hang out". I know there maybe reasons why the city would need to let the Boys and Girls Club take over but the patrons to the Rec. should be taken in consideration first and foremost. Sincerely, Zack Hicks Mayor John Williams 210 Fidalgo Ave Suite 200 Kenai, AK 99611 Dear Mayor John Williams, My name is Shaun Kiser and I am the semor class president at Kenai Central High School in Kenai, Alaska. I also am employed by the city in the Parks and Rec. Department in Kenai. I have worked for the city for a little under a year and now I am at risk of losing my job because of the merging of the Boys and Girls Club of America and the Kenai Rec. Center. I believe that this merging would not a be a good idea because most of the kids that attend the Teen Center and Rec. Center, go there to be away from their families and to be themselves. Our progrmm at the Teen Center are all optional to all kids ages 13-18 with little to no charges. The B&G Club has structured programs that are mandatory for the kids that go there. The kids do not want to have their hand to be held as they go someplace to get away from their sheltered lives with their families. I believe that the Teen center should stay open and under authority by the City of Kenai Parks and Recreation Department. Shaun Kiser Senior Class President Kenai Central High School Grant Wisniewski 5839 Kenai Spur Hwy Kenai, Alaska 99611 Mayor John J. Williams 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611 Dear Mayor John J. Williams, I am writing you because I am concerned about what might go into the old Kmart building. I heard Home Depot might move in and drive every hardware store out of business. If Home Depot moves in it will put SBS and AIH out of business for sure. The town of Kenai already has enough empty building and if Home Depot moves in the SBS building and AIH buildings will just be two more empty building to add to the collection. I just want you to think about all the other businesses before you make any decisions. I know you will probably make the right decision, but I just wanted you heard what I had to say. Thanks for your time. Sincerely, Grant Wisniewski 397 Lupine Ave. Soldoma, AK 99669 (907) 262-0456 Mayor John Williams 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611 Dear Mayor Williams: I'm writing you with concerns about the Boys & Girls Club taking over the Kenai Rec Center. I think it's a good idea for the Boys & Girls Clubs to move to a bigger facility since they're growing bigger and bigger in our community. But my concern is that many adults and youth use the Rec center on a daily basis for working out in the weight room to playing basketball in the gym and also racquetball. I would like to know if these activities would still be open for public use. I think that many people will be very disappointed if there now is nowhere they can go to work out unless they have a membership of some sort. I would appreciate a response on this issue on how the City of Kenai and the Boys & Girls Club plan to resolve this. Thank you, Morgan Saltenberger Chase Townsend 1533 Stellar Dr. Kenai, AK 99611 Mayor John J. Williams 210 Fidalgo Ave. Suite 200 Kenai, AK 99611 Dear, Mayor John Williams My name is Chase Townsend and I am a senior at Kenai Central. I am writing to you as a concerned student here in Kenai Alaska, about the closing of our local Big K store. I have recently been told that Big K has been bringing in a great majority of our cities income. Since Kenai is already struggling economically, I think that it would be a good idea to open up shop again at the place where Big K was. I don't think that it should be anything else other than a store that some what resembles the way that Big K once was. If we end up getting a home depot like I have heard that we are, I don't believe that we are going to prosper the way that we should. We already have enough of those types of stores, what we need in Kenai is another store like Big K'so that our economy can increase. Although you already know this, I think that if you are to make the decision about what store goes there, I think you will make the right one. We don't need any more home depot type stores, we have many of them around the peninsula. Thank you for the time you took out of your busy schedule to read my letter. I wanted you to know about what the community thinks about the whole Big K issue, and I hope that this letter has done so. Thank you very much! Sincerely, Chase Townsend Anna Hall 44515 Gene Street Kenai, Alaska 99611 May 9, 2003 Carol Freas, City Clerk 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611 Dear Kenai City Council' In the past years people who want to get away from the public choose to live out in the rural areas of the Kenai Peninsula so they can enjoy their animals, outdoor recreation, and most of all their peace and quiet. During the summer time there are many others who enjoy these rural areas, other than the neighborhood residents, causing lots of traffic and dust. I live down Gene Street, off Strawberry Road, in Kenai. For the last eighteen years of my life, dust balls have come rolling into my house, and into my horse coral, causing the horses to suffer from chronic coughs. Several times the residents in the neighborhood have requested to tar the dirt roads so this wouldn't happen. After years of begging, Carver Subdivision finally was tarred last summer. With Gene Street being the main road to the public access recreation lake, Spirit Lake, that tar job didn't last but two weeks max, and was never re- done. I know that the Carver Subdivision is not the only dirt subdivision that is requesting consistent road maintenance to alleviate the dust problem. It would be greatly appreciated if the Carver Subdivision and other dirt areas on the Peninsula could be continually tarred to keep the animals and residents happy and healthy during the summers. Sincerely, Anna Hall Joshua Logan Manser 312 Princess Lane Kenai, AK 99611 May 8, 2003 Mayor John Williams 210 Fidalgo St, SuRe 200 Kenai, AK 99611 Dear Mayor Williams, This letter is in regard to the Kenai assembly's recent decision to stop oiling city dirt roads. I, myself live on a dirt road here in town, only a half mile away fi'om the high school and I must admit I was a little upset to hear this news. I would like to do something about this, but I am unsure what would be the best possible course to take. I would appreciate any input or assistance you could give me in finding a solution to this problem. The dirt roads become incredibly dusty during the summer' months that will follow. This is my first summer living at my current residenee when the roads haven't been oiled periodically and I can already tell that the dust will be very severe this summer. My family and I are trying everything we can to solve the problem. We have already began by laying calcium chlorate down along the 40 foot stretch of road surrounding our house that will supposedly help calm the dust. We've only had minimal success so far though, and we won't be able to do anything for our other neighbors or any other of the many Kenai residence who live on dirt roads. I am aware that our city is currently under severe budget cuts at the moment, and am assuming that is why these drastic measures have been taken. I would like to hear back from you if possible, to listen to any ideas you might have or measures you might be taking to help me in my cause. Your consideration would be greatly appreciated. Sincerely, J. Logan Manser Dear Mayor Williams, I am writing you to talk about a problem that is facing our city. I think that Kenai needs to be in a major panic over the fiscal deficit that our city budget is faced with. I hope that you will be able to solve this problem without creating a downward spiral that will turn Kenai in to a ghost town. I think that you need to start focusing on solutions that will boost our economy and help Kenai grow bigger. I hope that you will find ways to create jobs and help this poor city. What I hope doesn't happen is for Kenai to cut things that might be helpful in the furore just to cover this gap I the budget. I would appreciate your help in all means necessary for this matter. Sincerely, Drew Cramcr 1511 Toyon Way Kenai, AK 99611 (9070-283-4137 Kelly Thibodeau PO Box 362 Kenai, Ak 99611 May 11, 2003 Kenai City Council 210 Fildalgo Ave. Suite 200 Kenai, Ak 99611 Dear Kenai City Council Members, . ? Hello my name is Kelly Thibodeau and I would like to discuss a matter of great importance to me. The future of our state and local community is in the hands of our young people. It takes good parental guidance and strong support to stay on a productive path that might some day benefit out town. Organizations such as the Recreational Center allow teenagers an altemative place to express oneself athletically and socially while maintaining a positive atmosphere. As a teenage I have seen my fellow peers struggle with circumstances dealing with drags and alcohol. Though these substances are strongly discouraged in public schools, boredom can become a problem. This leads teenagers to try new things that may harm there bodies. The Recreational Cemer is a drag free zone that provides clean emertainment and fun for the youth. This is a great place for parents to send their children because it is also supervised. The community needs to protect this organizations and others like it to make sure that funding isn't cut. It would be taking so much away from our town if the Recreational Center was taken away. Thank you for your time. Sincerely, ~~A~ '~'[b~ ~ Kelly Thibodeau Christine Gibbs P.O. Box 554 Soldotna, AK 99669 May 12, 2003 Kenai City Council 210 Fildalgo Ave. Suite 200 Kenai, AK 99611 Dear City Council Members, I believe that giving control of the Rec Center to the Boys and Girls Club would be a detriment to our community. Many different people, of all ages, for various reasons, use the Rec Center. It is used as a place to work out, play walleyball or basketball, and for various adult leagues. If the Rec was given over to the Boys and Girls Club the adults who use the facilities there would be unable to continue to do so. There is also the Teen . Center to think of. In order to use the teen center under the Boys and Girls Club there would be a membership fee. The fee may not be very much but it would discourage many kids from going there. A lot of the kids that go to the teen center are the "trouble" kids. This provides them with a place to hang out and have fun, while staying out of trouble. Having it associated with the Boys and Girls Club and paying a fee will make the kids not want to go there anymore. This merger would not be a benefit to our community. Sinc~erelv, Christine Gibbs Andrew Shook 8288 Kenai Spur Hwy. Kenai, AK 99611 Kenai City Hall 210 Fidalgo Avenue Suite 200 Kenai, AK 99611 Dear Mayor John Williams: I would just like express my opinion on the news that I have been hearing about, that our local Boy's & Girl's Club, wants to take over the Rec Cemer. I believe that this will be a positive thing to happen in this town, as long as it is still open to teens to come and hang out. The teenagers of this town need a place like they have now where they can come and hang out and talk with friends. That is a major part of teenagers lives. As for me being a senior and heading off to college I can remember times hanging out at the Rec with my friends and I hope the teens behind me still have opportunities I did there. Thank you for your time and for what you have done for this town Sincerely, Andrew Shook May 11, 2003 Megan Moore 1006 Inlet Woods Dr. Kenai, AK 99611 May 8, 2003 Carol L. Freas, City Clerk Attn: Mayor John Williams 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Dear Mayor Williams: My name is Megan Moore. I a currently a senior at Kenai Central High School, and am writing you in regards to handing the Kenai Recreational Center over to the Boys and Girls club. I personally believe this is a gmat opportunity for the Boys and Girls Club, and a smart move for the City of Kenai. Currently, them are large budget cuts all over the United States, including the City of Kenai. Handing the Rec. Center over the Boys and Girls club would save the City of Kenai nearly $100,000.00, which I personally think is an opportunity that the City cannot pass up. The Boys and Girls Club is a gmat organization, and they would do an excellent job at running the Rec. Center. I am aware that, sadly, some city employees would loose their jobs. I am also aware that if the City continues to mn the Kenai Rec. Center, the facility would be closed two days a week, thus, the staff at the Rec. Center would be reduced. It is important for the City of Kenai to think outside of the box. The Boys and Girls Club receives additional grants and more fundino= than the City of Kenai, and would be able to expand the Rec. Center. The Boys and Girls Club would be a gmat asset to the Kenai Recreation Center, and would benefit the City of Kenai in countless ways. The track record of success with the Boys and Girls Club over the past 100 years is remarkable. The City of Kenai would be fortunate to have the Boys and Girls Club as a part of our community. Thanks for your time. Sincerely, Megan Moore KENAI POLICE DEPARTM} 107 SOU'II-I WILLOW STREET KENAI, AK 996; Telephone (907) 283-7879 Fax (907) 283-2267 May 14, 2003 The Honorable Lisa Murkowski United States Senate 322 Hart Senate Office Building Washington, D.C. 20510-0202 Re: Kenai Emergency Operations Center Funding- H.R. 1559 Emergency War Supplemental Appropriations Bill Dear Senator Murkowski: In 1997 the City of Kenai, with support from the Federal Aviation Administration and the Kenai Peninsula Borough Office of Emergency Management, built the Alaska Regional Aircra~ Fire Training Center. This has now become a major hub of fire service training in Alaska. The top floor of this facility, nearly 8,000 square feet, was designed to FEMA specifications as an Emergency Operations Center. This space was 100% funded by the City of Kenai. However, no funds were available to equip it and make it functional for disaster management and training. The facility is wired for voice and data communications. The City of Kenai, the Kenai Peninsula Borough, and the Alaska Division of Emergency Services see the equipping of the Kenai Emergency Operations Center as a vital step in protecting the critical infrastructure of Southcentral Alaska by assuring the stability and continuity of command, control and communications in time of disaster. The plan is to use the facility as a statewide emergency operations training center, and in time of disaster be used as an alternate Emergency Operations Center for the Kenai Peninsula Borough, or the Alaska Division of Emergency Services. The Kenai EOC is line-of-sight with Anchorage and will have a redundant link to the Anchorage EOC via landline and microwave connection. In addition to emergency operations training, this space was designed for dispatcher training with a dedicated communications center, and for incident command training. The EOC was built to the highest standard for our seismic zone. It is also fully ADA compliant. It has a backup generator that runs on multiple fuels, a large area for command functions, sleep rooms, break rooms, bath rooms, public information officer/press room, family debriefing room, logistics office, finance office, library, communications center and smaller command staff briefing rooms. KENAI POLICE DEPARTMENT On July 7, 1999, FEMA Director James Lee Witt toured the training center and was extremely interested in helping the City of Kenai equip the EOC via a cooperative funding effort between FEMA, Senator Ted Stevens office, and the City of Kenai. Director Witt saw the Kenai EOC as meeting all the needs for FEMA response to a declared disaster. Additionally, he recognized the site as being an ideal alternate EOC for State and Borough use with its own communications center that could be staffed with dedicated emergency calltakers from nearby public safety agencies. The City of Kenai has met with the necessary vendors to determine the minimum equipment and associated costs to make the EOC 100% functional for disaster management and training. The budget breakdown for radio equipment, telecommunications connectivity, and office equipment and furnishings is attached. It includes all equipment necessary for the emergency communications center, all office related equipment (furniture, fax, phones, copier), and all network switches, routers, and phones to enable the Kenai EOC to act as an extension to the Kenai Peninsula Borough building, allowing all critical Borough operations to be forwarded to the EOC call taking center. The Kenai Peninsula Borough.fully supports the designation and development of this facility as a back-up emergency operations center for the borough. The Kenai Emergency Operations Center funding package includes proposals from Motorola Incorporated for a dispatch and radio communications system, Alaska Communications Systems for telecommunications connectivity with'the Kenai Peninsula Borough and an E911 Public Safety Answering Point, and cost estimates for office furniture and operations equipment. The total package is $1,455,077.30. The City of Kenai asks for your support in procuring the funds necessary to equip this emergency operations center. This facility will greatly enhance Alaska's emergency management ability by complementing the disaster preparedness and communication connectivity and interoperability of the Kenai Peninsula Borough, Alaska Division of Emergency Services and the Alaska Department of Homeland Security. Sincerely, Linda L. Snow City Manager Charles M. Kopp Chief of Police Cc: Governor Frank H. Murkowski Senator Ted Stevens Congressman Donald E. Young During the past several weeks I have embarked on a "FACT FINDING MISSION" to help me make what I consider an informed vote concerning the request, by the city administration, for a Boy's and Girls Club partnership at the recreation center. I have made visits, nearly daily to view, for myself, the activities and programs of the facility. During my visits I have been able to speak freely with the users of the programs especially the teens. Yes, they have had concerns with the possible Boy and Girl's Club management of their programs.. However, once they were able to view and understand the conditions of the contract their concerns became less. Their first thought of Boy's and Girls Club is a program for young children on the grade school level. I asked them to think outside of the box and think of a company called Coke A Cola. They don't just sell cokes, their company offers other choices like 7-Up, Dr. Pepper, Mt. Dew and my favorite Diet Coke. The same holds true with the Boy's and Girls Club...they offer other choices too. The one thing they really wanted to be able to continue was their free time atmosphere. They also were concerned about a possible $20.00 yearly fee. I than explained the importance of the buy-in to the program concept and assured them no one would be turned away...I also took the time to consult with agencies and professional who work closely with youth. Than, I mined to the Intemet to brows other teen programs throughout the country. They all have programs, which are designed to develop self- confidence and self-esteem andS6 offer programs, which encourage productive citizens in their communities. Their groups include middle and high school students, independent study and no-school youth. Their programs are target to those children who come from low-income families, those who struggle in school, are unconnected to their parents and adults, and those who suffer neglect and abuse. After making a trip to Anchorage, to see first hand how the municipality of Anchorage and the Boy's and Girl's partnership works in the Mountain View facility, I was convinced that the very best solution to the teen program Would be for the same type of partnership to happen in our community. It is a happy positive atmosphere in which teens not only "just hang-out" but have the opportunity to avail themselves of programs and activities which can help them make changes in their lives. I would encourage any of you to do what I did .... just drop in unannounced and you will be amazed! My concerns of the downstairs programs, which are, but not limited to, the gym, weight room and racket ball courts .... I listened and studied the written concerns of the general public. Again, reviewed the proposed contract, suggested a few minor changes to the administration. These changes were to assure the mission statement would reflect the community goal, the targeted programs would include the teen center, the basketball programs for middle and high school levels, and signage (front of the building) would state the facility was a community center with the Boy's and Girl's Club and the City of Kenai in a partnership role. These additions have now been included. I visited the idea of transferring the additional funds; needed to have the city continue with the established program, and realized in good faith I could not support such move. The employees of the city have been denied a cost of living raise for the past three years. During the past five years they have only been granted a 3 ½ % increase while the cost of living index has risen 10 ½%. This year they have had to begin to pay a portion of their medical insurance, which in reality offers them a reduction in spendable income. We have had to eliminate the dust control on unpaved streets within our community. The library will experience a reduction in operations days, as well as a loss of a part time position. No new streetlights will be installed; I consider this a safety issue. The city clerk will experience the loss of support staff in her department, and many many more reductions have been made throughout the city budget. To consider a future dip in the fund balance without addressing especially the city employee issues first would not be prudent on my part. The Boy's and Girl's contract offers a change of management only, not a change of services. There are numerous safe guards built into the contract to assure compliance. A partnership will open the doors for new grant opportunities and expanded programs both for the teens and adult participants of the facility. The Boy's and Girls Clubs have an excellent reputation in our community and I believe their # 1 goal will be to maintain that standing. I want to thank those who have given so much public input into this matter and those who have expressed their views to me privately. This has been a difficult issue, however it has been one that sent me on a mission to review the facts for myself. The city cannot continue to operate these same programs without additional funds from the fund balance or a reduction of services to the participants. The city and it's residents have everything to gain through a partnership with the Boy's and Girl"s Club. MAKE 2:3 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL AAEE~N~ bATE: Mayor/Council Attorney ,,"'ToyIor/$prin~ler/Kebschull ~; Clerk ~' City Manager ~,/ Public Works ~, Police Deportment ~ Finance ~ Engineer ~ Senior Center ~ Airport ~ Kim ~ Library ~ Porks & Recreation ~ Clarion Fire Department ~ glaine Silman ~ AGENDA DZSTR]:BUT]:ON Sewer Treatment Plant Streets. Shop Dock Building? Maintenance Animal Control Water/Sewer Counter DELIVER Council Packets to Police Department Dispatch desk. T ' · I · · · ,) he ¢lor,on & G, Iman $ Off,ce w~ll p,ck the,r pock_et~.uj~ at City Hall. The portion of the ";~/~ished by the Clorion should be ~soon os possible after Noon on ~~~ pock¢, doy.}, The comero-reody o~endo (c:/myfile$/documcnt$/minute~/o~endo form /gr . for paper) is emoiled to t'h¢ Pen/nsu/a ~/arion (at emoil Contacts) and o copy is foxed to Denise at the ~/ar/o~ 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 wcb$ite with Front Page from there as soon as possible.