HomeMy WebLinkAbout2003-09-03 Council PacketKenai City
Council
Meeting Packet
September 3,
2003
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
SEPTEMBER 3, 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 t° be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C:
ITEM D:
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
PUBLIC HEARINGS
o
Ordinance No. 2009-2003 {Third Public Hearing} -- Approving and
Adopting the Comprehensive Plan for the City of Kenai and
Recommending Adoption by the Kenai Peninsula Borough.
.
Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better
Describe and Clarify the Meaning of "Contractual Services of a
Professional Nature."
.
Ordinance No. 2013-2003 -- Increasing Estimated Revenues and
Appropriations by $1,056,207 for Airport Grants.
.
Resolution No. 2003-44 -- Supporting Water Quality Monitoring of the
Kenai River Watershed.
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
ITEM F:
,
ITEM G:
ITEM H:
ITEM I:
,
e
,
4~
,
o
.
ITEM J'
ITEM K:
ao
Beautification Committee
Kenai Convention & Visitors Bureau Board
Alaska Municipal League Report
Kenai Chamber of Commerce
Arctic Winter Games
MINUTES
*Regular Meeting of August 20, 2003.
OLD BUSINESS
NEW BU$11~ESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and
Appropriations by a Net of <$9,155> in Two Senior Citizen Funds.
*Ordinance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine
the Allowed Hunting Areas Within the City and Replace the Maps of
Those Areas With an Updated One.
Approval-- Petition to Vacate 20-Feet of the 50-Foot Ri~t-of-Way
Easement Along the Easterly Boundary of Government Lot 133 as
Recorded in Book 30, Page 251 of the Kenai Recording District, All
Within Section 34, Township 6 North, Range 11 West, Seward Meridian,
Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No.
2003-163 -- John M. & Cynthia K. Shankel, Petitioners.
Discussion -- Schedule a Board of Adjustment Hearing for Appeal of
Planning & Zoning Commission Denial of PZ03-33, An apphcation to
amend PZ02-43 to modify the Conditional Use Permit for grooming to
remove the fencing as required by the Board of Adjustment. Apphcation
for property known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4th
Avenue), Kenai, Alaska. Nancy Henricksen d/b/a Groomingdales, 1802
4th Avenue, Kenai, Alaska, Appellant.
Discussion -- Special Assessment Petition/Set Net Drive From VIP Drive
East to Watergate Way.
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
.
City Manager
.
Attorney
City Clerk
ITEM L:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Evaluations of City Attorney and City Clerk
ITEM M:
ADJOURNMENT
MAYOR'S REPORT
SPETEMBER 3, 2003
REGULAR COUNCIL MEETING
CHANGES TO THE AGENDA
REOUESTED
BY:
ADD TO:
ADD TO:
ADD AS:
D-2, 9 / 2 / 03 C. Graves memorandum regarding R. Molloy's
comments on Ordinance No. 2012-03, Amending KMC 7.15.050
to Better Describe and Clarify the Meaning of "Contractual
Services of a Professional Nature."
J-l, Mayor's Report -- Letter from Kenai Peninsula Economic
Development District, Inc. regarding City of Kenai representative
seat availability to the Board of Directors.
Information Item No. 3, Tobacco Control Alliance information
relatin§ to the City of Kenai's smokin§ ordinance.
CITY CLERK
CITY CLERK
CITY MANAGER
CONSENT AGENDA
NO CHANGES.
MAYOR'S REPORT
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AMElX
Suggested by: Planning & Zoning Commi.
7)-/
CITY OF KENAI
ORDINANCE NO. 2009-2003
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING
AND ADOPTING THE COMPREHENSIVE PLAN FOR THE CITY OF KENAI AND
RECOMMENDING ADOPTION BY THE KENAI PENINSULA BOROUGH.
WHEREAS, the Kenai Peninsula Borough, as a second-class borough, shall provide for
planning on an area-wide basis in accordance with AS 29.40; and,
WHEREAS, the City of Kenai, as a home-rule city inside a second-class borough, has
updated their Comprehensive Plan; and,
WHEREAS, Planning Staff and the Kenai Planning and Zoning Commission held
numerous public meetings and have received comments and input regarding the
updating of the Comprehensive Plan; and,
WHEREAS, the Kenai Planning and Zoning Commission on June 25, 2003 reviewed
the final draft of the Kenai Comprehensive Plan, made additions and corrections, and
recommends to the Kenai City Council approval of the Comprehensive Plan as
amended; and,
WHEREAS, the Kenai City Council reviewed the final draft of the Kenai Comprehensive
Plan on November 5, 2003 and recommended approval of the Plan to the Kenai
Peninsula Borough.
NOW, THEREFORE, BE IT RESOLVED by the Kenai City Council that:
Section 1 - The Final Draft of the Kenai Comprehensive Plan as amended,
prepared by Kevin Waling Associates, Benson Planning Associates, and Bechtol
Planning And Development, is hereby approved and adopted as the
Comprehensive Plan of the City of Kenai.
Section 2 - This Plan is hereby recommended to the Kenai Peninsula Borough
for adoption as the official Borough Comprehensive Plan within the City of
Kenai planning area of the Borough.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of
November, 2003.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Introduced:
Second Reading:
Third Reading:
Fourth Reading:
Final Reading:
Adopted:
Effective:
August 6, 2003
August 20, 2003
September 3, 2003
September 17, 2003
November 5, 2003
November 5, 2003
December 5, 2003
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2012-2003
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 7.15.050 TO BE'PI'ER DESCRIBE AND CLARIFY THE ME~ING OF
"CONTRACTUAL SERVICES OF A PROFESSIONAL NATURE."
WHEREAS, KMC 7.15 covers the purchase of supplies, material, equipment and
contractual services by the City of Kenai; and,
WHEREAS, the Kenai Municipal Code provides for purchasing by competitive bidding
unless exempted by KMC 7.15.050; and,
WHEREAS, KMC 7.15.050(5) provides for an exemption from competitive bidding for
professional services by exempting "contractual services of a professional nature, such
as engineering, architectural, and medical services"; and,
WHEREAS, the City of Kenai has traditionally considered facilities management to be
contractual services of a professional nature; and,
WHEREAS, under that interpretation the City of Kenai entered into facilities
management contracts for such facilities as the fire training school and the visitors
and cultural center; and,
WHEREAS, consistent with that interpretation, the City of Kenai entered into a
professional services contract with the Boys and Girls Club of the Kenai Peninsula for
facilities management of the Kenai Recreation Center; and,
WHEREAS, the superior court in the case of Friends of the Recreation Center,/nc. and
Mark Necessary, Anita Necessary and Clifford Massie v. City of Kenai, 3KN-03-503 CI,
ruled that facilities management was not professional services under KMC
7.17.050(5); and,
WHEREAS, the City of Kenai disagrees with the superior court's interpretation of KMC
7.15.050(5) but recognizes that due to the length of the appellate process and the need
to utilize professional services in the interim that KMC 7.15.050(51 should be amended
to clearly explain what is considered professional services; and,
WHEREAS, the amendment to KMC 7.15.050(5) will add a definition of "professional
services"; and,
WHEREAS, the amendment will also add the examples of accountants, auditors,
appraisers, facilities management, land surveyors, f'mancial consultants, attorneys,
planning consultants, economists, computer programmers and system analysts,
insurance consultants and risk analysts, insurance providers and .other specialized
consultants that the City considers professional services; and,
Ordinance No. 2012-2003
Pa§e 2 of 2
WHEREAS, after this ordinance becomes effective, the City intends to advertise a
request for a qualifications for a professional services contract for facilities
management of the Kenai Recreation Center.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 7.15.050 is amended as follows:
7.15.050 Purchases, when competitive bidding not required.
The following may be purchased without giving an opportunity for
competitive bidding:
(1) Supplies, materials, equipment, or contractual services whose cost
does not exceed $10,000 in a single transaction;
(2) Supplies, materials, equipment, or contractual services which can be
furnished only by a single dealer or which has a uniform price wherever
bought;
(3) Supplies, materials, equipment, or contractual services purchased
from another unit of government at a price deemed below that obtainable
from private dealers, including war surplus;
(4) Contractual services purchased from a public utility corporation at a
price or rate determined by State or other government authority.
(5) (CONTRACTUAL SERVICES OF A PROFESSIONAL NATURE, SUCH
AS ENGINEERING, ARCHITECTURAL, AND MEDICAL SERVICES;]
Professional services. Professional services means those advisory_,
consulting, architectural, management, engineering, research or
development services that involve the exercise of discretion and
independent iudgrnent together with an advanced or speci.alized
kn. owledge, expertise or training gained by formal studies or experience.
Examples of professional services include, but are not limited to,
accountants, architects, appraisers, en..~ineers, facilities management,
land surveyors, auditors, medical services, financial consultants,
attorneys, planning consultants, economists, computer ~rogrammers
and system analysts, insurance consultants and risk analysts, insurance
providers and other specialized consultants.
(6) Supplies, materials, equipment or contractual services purchasable
under the contract of another governmental agency in which contract the
City is authorized to participate.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of
September, 2003.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted'
Effective:
August 20, 2003
September 3, 2003
October 3, 2003
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO: , Mayor Williams and Council Members
FROM~q~ Cary R. Graves, City Attorney
DATE' August 27, 2003
RE: Professional Services Ordinance
During the first reading of the new professional services ordinance (Ord. No. 2012-2003), Mr.
Molloy suggested amending the ordinance to reflect the one used by the Kenai Peninsula
Borough (KPB 5.28.250). That ordinance sets forth a more detailed request for proposal process
than the one in Ord. No. 2012-2003.
While a more formal process can have its advantages, there are drawbacks~such as the loss of
flexibility. The ordinance as introduced would allow the City to engage in a more formal request
for proposal process if needed or a less formal and quicker process if needed. It would allow the
City to structure the process to fit the particular project.
During the discussion, it was mentioned that a committee selection process for professional
services should be considered. Often such committees use people outside the organization to
make the selection/recommendation. In my experience, such committee selections have a very
mixed record of success in the selection of professional services. In fact, the most problematic
professional services contract I have dealt with in the last 14 years was an out-of-town architect
selected by a committee during a request for proposal type process.
Committee members can and do carry biases into the selection process. Just because numerical
grading may be done by a committee doesn't mean the score is objective rather than subjective.
In fact, selection committees are sometimes used to avoid decision-making responsibility and the
criticism that follows. Committee selections can work. The point is that they are not a "magic
bullet" to solve the issues of professional services selection.
The borough-type ordinance is used by a number of municipalities in the state. I have no doubt
we could make it work. However, the ordinance as introduced provides more flexibility and
discretion in the selection process. Some cities in Alaska value that flexibility and discretion.
Mayor John J. Williams and Council Members
August 27, 2003
Page 2 of 2
To me the question is which type of ordinance bests fits the City--one with a more formal
process or one with more flexibility and discretion.
Let me know if you would like to discuss this issue.
CRG/sp
TO:
FROM:
Kenai City Council & Administration
Friends of the Rec Center, Inc.
Robert J. Molloy
DATE: August 28, 2003
SUBJECT:
' R cEiVE'-,'
KENAI CITY CLERK
Proposed amendment to KMC 7.15.050(5) by Ordinance No. 2012-
2003.
The mayor requested written public comments. These are some comments:
General:
We believe that the policy decision to contract out the possession, management,
and operation of the Rec Center to a private operator should not have be made
without an affirmative vote of the public favoring this radical change in
possession, management and operation of the public's recreation facility. We are
not proposing specific ordinance language at this time, because there is
insufficient time to address the re-writing and updating of Kenai's purchasing
code as a whole to address the concerns, and City Administration should
propose specific language to address the concerns and update the purchasing
code as a whole.
We do object to the City's "3 Step Plan," and the speed with which it is being
implemented, because there is inadequate time for addressing all of the issues
that arise when the City greatly expands the definition of "professional services"
without also providing any protections in the City's purchasing code against
insider dealing, and there is lack of adequate time for informed public comment.
The City could have opened the Rec Center in July 2003 under the proposal by
former employees to be temporary employees for wages only, no benefits. The
City should open the Rec Center immediately in September using temporary
employees, and should put the issue of turning over the facility to a private
operator under a multiyear contract to a vote of the people.
Specific Comments:
1. The proposal replaces present subparagraph (5) of KMC 7.15.050 with a
definition of "Professional Services." The proposed amendment deals with only
one issue, while leaving unresolved many outstanding issues in the current
purchasing code. The City needs to revise and update the purchasing code,
KMC 7.15, to address the issues that have been identified by the public in
meetings beginning in April 2003, and that will be raised by this substantial
broadening of the definition of "Professional Services."
2. The definition of "Professional Services" is too broad and will allow the
City to do sole source contracts for many, many services, even some that are not
traditionally considered to be professional services, without any requirements
for proposals or competitive proposals or any limitations on sole source
procurement. This leaves the City wide open to the problems of insider
dealings by special interests.
The definition of "Professional ServiCes" should be more narrow, and should not
include any profession that does not require special licensing (more than a basic
business license). The new definition appears to be the broadest definition of
professional services in Alaska. For example, some other definitions:
Soldoma:
"Professional services" means professional, technical or consultant services that are
predominantly intellectual in character, result in the production of a report or the
completion of a task, and include analysis, evaluation, prediction, planning or
recommendation. It includes architectural, engineering, land surveying and construction
management services and services rendered by independent public accountants. Soldotna
MC 3.06.060(F)(7).
Fairbanks:
Professional services means professional, technical or consultant's services that are
predominantly intellectual in character, result in the production of a report or the
completion of a task, and include analysis, evaluation, prediction, planning or
recommendation. FMC 54-1, Definitions.
Seward:
Professional serxices are those that require special knowledge and judgment that
includes analysis, evaluation, prediction, planning or recommendations ~d which result
in the production of a report or the completion of a task. Examples of professional
services include accounting, architectural, appraisal, engineering, land surveying,
financial consultation, legal services, planning, economic analysis, computer
programming and system analysis, insurance consultation and risk analysis, and other
specialized services. Any professional services contracts shall not exceed two years
except for completion or work in progress under architectural or engineering contracts.
Seward MC 6.10.120(a)(8).
3. The broadest definition brings up the issue of protection of the
City/public against insider dealing, and there are absolutely no protections in
KMC 7.15.050 against insider dealing on professional services contracts.
4. The City's intent stated in the WHEREAS clause at the top of the page 2 -
that the City intends to advertise a request for qualifications for a professional
services contract for facilities management of the Kenai Recreation Center - is not
in the amendment, and is not a binding obligation, therefore it does not have to
be followed or complied with.
5. There is no definition in KMC 7.15.050 of "request for qualifications,"
and this is not a commonly used term. A definition should be included, if the
city is going to use this term.
6. Also, there is no procedure for a request for qualifications in 7.15.050 as
amended.
7. A request for qualifications is really like a pre-proposal screening of
applicants to weed out the unqualified, but is insufficient to protect the interest
of the public because there are no written specifications for the contract that
would be included in a request for competitive proposals. The ordinance should
include a procedure for request for competitive proposals, in addition to the
request for qualifications. In other words, a request for qualifications should be
a part of a request for competitive proposals.
8. One protection against insder dealing is competitive sealed proposals.
Most municipal codes in Alaska allow for competitive sealed proposals on
request for professional service contracts or other contracts for services. The
City of Kenai's purchasing code may be the only municipal purchasing code in
Alaska which has no requirements at all for competitive sealed proposals for
any professional services contract.
See for example Soldotna Municipal Code §3.06.060(F)(1)'
"Except as otherwise provided in this section, or unless specifically exempted by
Alaska Statutes, professional services contracts should be awarded by competitive
proposals."
9. The proposed amendment to KMC 7.15.050 also does not include any
criteria from which administration can make a determination about whether or
not to require competitive sealed proposals. This lack of any requirement for
competitive sealed proposals at any time for any contract does not protect the
public s interest, and leaves the purchasing code wide open for insider dealing.
10. Most municipal codes contain general requirements
competitive sale proposal should contain. See for example:
for what a
Seward:
6.10.325. Request for proposals content.
(a) Generally. A request for competitive sealed proposals must contain the date, time
and place for delivering proposals, a specific description of the supplies, construction, or
services to be provided under the contract, and the terms under which the supplies,
construction, or services are to be provided. The request for competitive sealed proposals
shall also contain requirements of evidence of a valid Alaska business license,
contractor's license and professional registration as appropriate, and may require a list of
subcontractors and other information as may be requested by the city.
(b) Selection criteria. The request for proposals must provide a description of the
factors that will be considered by the city when evaluating the proposals received,
including the relative importance of price and other evaluation factors.
See also Soldotna Municipal Code §3.06.060(F)(2); Fairbanks Municipal Code
§54.202.
11. Some City codes use dollar amounts as a criteria for determining when
written proposals and competitive proposals are required. See for example City
and Borough of Iuneau Code §53.50.050(c).
12. The City of Kenai's purchasing code contains no time limitations on the
length of a professional services contract, which can be a major problem,
particularly where the proposed contract does not have public support. Many
City codes have limitations on multi-term contracts. See for example Seward
Municipal Code §6.10.120(a) a definition of professional services which contains
the limitation that "Any Professional Services contract should not exceed 2 years
except for completion or work and progress under architectural or engineering
contracts." See also Fairbanks Municipal Code §54-344, Multiterm Contracts.
13. Under most City codes, facilities management is not considered a
professional services contract. The issue of the length of the contract is
particularly important where the contract really is a lease and operating
agreement disguised as a partnership agreement, as was the original contract for
the Boys and Girls Clubs' operation of the Kenai Recreation Center. There
should be no long term contracts for possession, management and operation of
City facilities without an affirmative vote of the people or compliance with the
City code, chapter 22.05 on disposition of lands.
14. There should be a limitation in the purchasing code that any contract or
agreement where use of a public facility is contracted out to a private contractor
may not exceed two (2) years unless the City has complied with chapter 22.05 or
there has been an affirmative vote of the people approving the multiyear
contract.
15. Even in situations involving sole source purchasing, many municipalities
have procedures on sole source purchasing that administration must comply
with in order to protect against insider dealing. See for example, Fairbanks
Municipal Code:
Sec. 54-241. S.....ole-source purchasing.
(a) A contract may be awarded for supplies, services, professional services or
construction without competitive sealed bidding, competit~ive sealed proposals or other
competition in accordance with this article. A contract may be awarded under this section
only when the purchasing agent determines in writing that there is only one source for the
required purchasing or construction. A sole-source purchase may not be made if a
reasonable alternative source exists. The written determination must include findings
which support the determination that only one source exists. The authority to make the
determination and f'mdings required by this subsection may not be delegated.
(b) The using department shall submit written evidence to support a sole-source
determination. The purchasing agent may also require the submission of c°st or pricing
data in connection with an award under this section.
(c) The purchasing agent shall negotiate with the single supplier, to the extent
practicable, to obtain the most advantageous contract to the city.
(Code 1960, § 13.400)
16. To protect against insider dealing, the City code could adopt other
provisions. Some suggestions are:
a. Any person who has contributed or promised to make a
contribution to the election campaign of any elected City official may not submit
a proposal on a professional services contract within three (3) years of the date of
the contribution; or
b. Any elected City official who has received a campaign contribution
or the promise of a campaign contribution within three (3) years prior to the date
of the council meeting where the council considers a professional services
contract shall, at least ten (10) days before any action is taken on the professional
services contract, give a written report on the record to the assembly regarding
the existence of the campaign contribution or promise of the campaign
contribution; or
Ce
Penalties, such as:
A person who violates a provision of this ordinance will be
liable to the City in an amount up to the amount of the
professional services contract.
ii.
Or may be subject to other sanctions.
d. A right to file a protest of the contract award, such as Fairbanks
Municipal Code §54-281.
In summary, there are many issues that need to be addressed when the Council
opens the door wide by expanding the definition of "professional services"
without providing protections to the public against insider dealing. Like the
original Boys and Girls Club parmership agreement, this revision is proceeding
too fast without adoption of necessary protections that will be in the City's and
the public's interest. The City can open the Rec Center with temporary
employees while giving the public the opormnity for comment on these complex
policy issues.
Robert J. Molloy
REVENUE AND FINANCE
5.28.250
C. If the lowest qualified, responsive and responsible bid exceeds the amount of funds
certifi~ by the certifying officer to be available for the procurement, and if suffi~t
additional funds are not made available, the scope of the procurement may be reduced to bring
its estimat~ cost withi~ the amount of available fimds. The purchasing officer shall issue a
new invitation for bids for the reduced procurement, or, upon finding that the efficient
operation of the borough government requires that the contract be awarded without delay, he
may negotiate with the three lowest.qu-li6ed, responsive and responsible bidders, starting
first with the lowest bidder and then proceeding with the second and third lowest bidder~; and
may award, or recommend to the assembly for award, the reduced contract to the best
negotiated proposal, except where prohibited by state and federal grant conditions or where
another procedure has been specified in this chapter.
(Ord. No. 2000-07, § 2, 3-21-00; Ord. No. 87-29, § 1(part), 1987)
5~8.~40. Waiver of irregularities.
The purchasing officer shall have the authority to waive irregularities on any and all bids,
except that timeliness and manual signature requirements shall not be waived.
(Ord. No. 87-29, § l(part), 1987)
5~8.250. Proposals for professional services or where bidding not practicable.
A. If the mayor determines that use of competitive bidding is not practicable or if the
procurement is for professional services, the borough may procure supplies, services, pr~ez-
sional services, or cons~ction by competitive sealed proposals under this section. Competi-
five, as used in t½~ section, means evaluation and selection based on the factors specified in
this chapter and the request for proposal, and not solely on price.
B. The purchasin~ officer or desi~n~ shall solicit propos~l_~ by issuin~ a request for
proposals. The request for proposals shall be prepared by the requestin~ ~cy and shall
state, or incorporate by reference, all specifications and contractual term-~ and conditions to
which a proposal must respond, and shall state the factors to be considered in evaluating
proposals and the relative importance of those factors. Public notice of a request for proposals
shall be given in accordance with Section 5.28.210(B) of this code. One or more prepropoeal
conferences may be held by the purchasing officer, at the request of the agency head. A request
for proposals may be modified or interpreted only in written addenda issued by the purchasing
officer, at the request of the agency head.
C. Sealed proposals shall be designated as such on an outer envelope and shall be
submitted by mail or in person at the place and no later than the time specified in the request
for proposals. Proposals not submitted at the place or within the time specified shall not be
opened or considered.
D. Proposals shall be received at the time and place designated in the request for proposals,
and shall be opened so as to avoid disclosing their contents to competing proponents during the
process of negotiation. Notwithstanding Section 5.28.210 of this code, proposals and tabula-
tions thereof shall be open to public inspection only after the contract award.
Supp. No. 6 5--75
5.28.250 KENAI PENINSU~ BOROUGH CODE
E. In the manner provided in the request for proposals, the purchasing officer, at the
request of the agency head, or agency head, may negotiate with those qualified and responsible
proponents whose proposals are determined by the purchasing officer and agency head to be
reasonably responsive to the request for proposals. Negotiat/ons shall be used to clarify and
assure full understanding of the requirements of the request for proposals. The purchasing
officer, at the request of the agency head, may permit proponents to revise their proposals after
submission and prior to award to obtain best and final, afters. Proponents deemed eligible for
negotiations shall be treated equally regarding any opportunity to discuss and revise
proposals. In conducting negotiations and requesting revisions, neither the purchasing officer
nor any other borough officer or employee shall disclose any information derived from
proposals of competing proponents.
F. Awards shall be made by written not/ce to the qualified and responsible proponent whose
final proposal is determined to be most advantageous to the borough. No criteria other than
those set forth in the request for proposals may be used in proposal evaluation. If the mayor
determines that it is in the best interest of the borough to do so, the borough may reject any
and all proposals.
(Ord. No. 87-29, § 1(part), 1987}
5~8.255. Innovative procurements.
· ~ A contract may be awarded for supplies, services, professional services, or construction
using an innovative procurement process, with or without competitive sealed bidding or
competitive sealed proposals. A contract may be awarded.-under this section only when the
mayor or his designee determines in writing that it is advantageous to the borough to use an
innovative competitive procurement process in the procurement of new or unique require-
ments of the borough, new teeJmologies, or to achieve best value. This process is appropriate
when it may be in the best interest of the borough to consider an award to other than the
lowest priced offer or other than ~he highest technically rat~i offer.
B. To ut/lize an inn_ovat/ve procurement procedure the requesting department shall submit:
1. A detailed procurement plan to the purchasing officer for review and approval before
public notice is issued as required under KPB 528.210(B). The plan shall, at a
m/nimum, address the method of solicitation, scope, method of award, p~t
procedures, and proposed contract provisions. If the plan is submitted for a construc-
tion contract, the plan may address the use of a bonus in lieu of preferences; and
2. An explanation of how use of this procedure will achieve the best value, or why it is
advantageous to the borough. To the m~mnm e~t allowed by law, costs and
benefits assodated with the location of the bidder may be considered in determining
the best value for the borough.
C. When using the process authorized in this section, all of the following apply:
1. The mayor or his designee must first approve the use of the proposed innovative
procurement plan.
Supp. No. 6 5-76
I PM UILD lNG.
8/27/03
Dear Ms. Snow:
P.O. Box 720. Kenai, AK. 99611.0720
Phone # 907-398.6155
Fax # 907.335.0096
RECEIVED
AI./$ L 7 2003
CITY
I feel that any contracting for professional services that the ,City of Kenai does should be
done on a competitive bid process.
Any and all costs associated with the awarding and running of such service should be
made public.
Any revenue generated by any contract must be taken into consideration and made
public.
If you have any questions please feel free to contact me at any time.
John Mellish
Secretary/Treasurer
RPM Rebuild, Inc.
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor Williams and Council Members
Cary R. Graves, City Attomey
September 2, 2003
Professional Services Ordinance
As you know, I was on annual leave for Thursday and Friday of last week. Prior to departing, I
did a memorandum based on the comments of Mr. Molloy's during the last council meeting. We
had requested that people submit comments by Wednesday so administration could respond. Mr.
Molloy's memorandum came in at 5' 15 p.m. Wednesday so I did not have an oppommity .to
comment prior to the packet going out on Friday. When I left the office on Wednesday at 5:00
p.m., his comments had not yet arrived. My comments follow.
The point of the comments is centered on policy issues rather than legal ones. Essentially, it
argues that the facility should be open now with temporary employees and the city should not
contract out management of the recreation center. The memorandum also discusses which policy
decisions should be made by the Council versus a popular vote. Those are political and
management issues rather than legal issues, so I will not respond to them.
There are comments regarding the ordinance that are legal issues. I can comment on them. The
memorandum argues the definition of professional services is too broad. The definition of
professional services in the proposed ordinance is based on the Valdez and Matanuska-Susitna
Municipal Codes.
'Those code sections state:
VMC 2.80.020
"Professional services" means all advisory, consulting, technical, research or
other services, such as architectural, engineering, land surveying, legal and
financial, which involve the exercise of discretion and independent judgment
together with an advanced or specialized knowledge, expertise or training gained
by formal studies or experience.
Mayor John J. Williams and Council Members
September 2, 2003
Page 2 of 2
MSB 3.08.010(11)
"Professional service" means those advisory, consulting, architectural,
engineering, research or developmental services which involve the exercise of
discretion and independent judgment together with an advanced or specialized
knowledge, expertise or training gained by formal studies or experience.
I also added a list of examples based on the Ketchikan Municipal Code 3.12.051(a)(1) with the
addition of "facilities management." The Ketchikan code included things such as auditors,
appraisers and system analysts that are not listed as examples in our current code. That section
reads as follows:
Examples of professional service contractors include, but are not limited to:
accountants, architects, appraisers, engineers, land surveyors, financial
consultants, attorneys, planning consultants, economists, computer programmers
and system analysts, insurance consultants and risk analysts, insurance providers,
and other specialized consultants.
I thought the definition taken from the Valdez and Mat-Su codes with the examples in the
Ketchikan Code provided for a better overall definition of what the ordinance intends to include
in professional services.
Much of the rest of the comments concern process. The issues are really of flexibility versus
formalized process. Process is a two edged sword. It can protect the public or it can be abused
by people to delay and stifle, good projects that someone may not agree with. I did discuss some
of the other pros and cons of those issues in my prior memoranda, so I will not repeat them in
this memorandum.
The memorandum also argues that multi-year contracts should not be allowed for professional
services. As Council knows, the city's budget cycle is on a one-year basis. Professional services
contracts are subject to the yearly appropriation process. For example, the agreement with the
Boys and Girls Club contained a specific non-funding clause to reflect the city's budgetary
process. Thus, that contract had to be funded every year by the Council.
The memorandum also discusses protecting the public from insider dealing by the administration
regarding professional services contracts. As the Council knows, every purchase order over
$2,500 must be approved by the Council. KMC 7.15.030. The power of the purse is the best
control the Council has over administration spending. The proposed ordinance would not change
that.
Please let me know if you have any questions regarding this memorandum.
CRG/sp
Suggested by: Administra
City of Kenai
ORDINANCE NO. 2013-2003
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS.KA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $1,056,207 FOR AIRPORT
GRANTS. .
WHEREAS, the FAA has offered a grant to Modify Terminal ADA Access, Sidewalks,
Ramps, Roads, Drainage and Acquire ADA' Passenger Lift Device in the amount of
$990,194; and,
WHEREAS, the State of Alaska is providing matching grants of $33,006; and,
WHEREAS, it is in the best interest of the City of Kenai to accept these grants and abide
by the grant conditions; and,
WHEREAS, the required local match of 3.125% is $33,007, which is available in the
fund balance of the Airport Land System Special Revenue Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
.Airport Terminal Modifications Capital Project Fund
Increase Estimated Revenues:
FAA Grant
State Grant '
Transfer from Airport Fund
Increase Appropriations:
Administration
Engineering
Construction
Equipment
Airport Land System Special Revenue Fund
Increase Estimated Revenue:
Appropriations of Fund Balance
Increase Appropriations'
Transfer to Capital Projects Funds
$ 990,194
33,006
33,007
$ 1:056:207
$ 15,000
154,000
854,207
33,000
$ 1:056,207
$ 33:007
$ 33_,007
·
PASSED BY THE COUNCIL OF THE CITY OF KEN/El, ALASKA, this 3rd day of
September, 2003.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance: . ,
(08 / 14 / 2003) hl
Introduced:
Adopted:
Effective:
August 20, 2003
September 3, 2003
September 3, 2003
APPLICATION FOR
FEDERAL ASSISTANCE
1. TYPE OF
SUBMISSION:
Application Preapplication
I~ Consffuction I-'1 Construction
r-I Non-Construction !"1 Non-Construction
2. DATE SUBMIIlED
August 4, 2003
3. DAtE RECEIVED BY STATE
4. DATE RECEIVED BY FEDERAL AGENCY
OMB Approval No. 0348-0043
Applicant Identifier
State Application Identifier
Federal Identifier
3-02-0142-3103
5. APPLICANT INFORMATION
Legal Name:
City of Kenai, Alaska
Address (give city, county, state, and zip code)
305 N. Willow, Suite 200
Kenai, AK 99611
EMPLOYER IDENTIFICATION NUMBER (EIN):
8. TYPE OF APPLICATION:
~;~ New r'"] Continuation
If Revision, enter appropriate letter(s) in box(es):
A Increase Award B Decrease Award
D Decrease Duration Other (specify)
Revision
Increase Duration
10. CATALOG OF FEDERAL DOMESTIC
TITLE: Airport Improvement
Program (ALP)
12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.):
Kenai, Soldotna, Nikiski, Sterling, Kasilof
Organizational Unit:
City of Kenai
Name and telephone number of the person to be contracted on matters involving
this application (give area code)
Rebecca Cronkhite, Airport Manager
(907) 283-7951
7. TYPE OF APPLICANT: (enter appropriate letter in box)
A. State
B. County
C. Municipal
D. Township
E. Interstate
F. Intermunicipal
G. Special District
H. Interdependent School District
I. State Controlled Institution of Higher Learning
J. Pdvate University
K. Indian Tribe
L. Individual
M. Profit Organization
N. Other (Specify)
91 NAME OF FEDERAL AGENCY
Federal Aviation Administration
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
Modify Terminal ADA Access, Sidewalks, Raml'
Roads, Drainage and Acquire ADA Passenger L
Device
13. PROPOSED PROJECT
Start Date Ending Date
4/29/03 8/30/03
a. Federal
15. ESTIMATED FUNDING
$
b. Applicant
c. State
d. Local
e. Other
f. Program income
g. TOTAL
14. CONGRESSIONAL DISTRICTS OF
a. Applicant
Alaska
990,194 .oo
$ 33,007 .oo
$ 33,006 .oo
b. Project
Alaska
$ 1,056,207 .oo
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS
a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
DATE:
b. NO [~ PROGRAM IS NOT COVERED BY E. O. 12372
O OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
D Yes If yes, attach an explanation ~ No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE A'I-rACHED ASSURANCES IF THE ASSISTANCE IS
AWARDED
a. Typed Name of Authorized Representative b. Title c. Telephone number
Linda L. Snow City Manager (907) 282-8222
d. Signature of Authorized Representative e. Date Signed
Previous Editions Not Usable
Authorized for Local Reproduction
Standard Form 424 (RE~
Prescribed by OMB Circular,
Suggested by: City Co, .....
CITY OF KENAI
RESOLUTION NO. 2003-44
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING WATER
QUALITY MONITORING OF THE KENAI RIVER WATERSHED.
WHEREAS, the residents and families of the City of Kenai rely on fishing, tourism and other
economic pursuits which require healthy fisheries and intact aquatic ecosystems; and,
WHEREAS, the City of Kenai is signatory to a Memorandum of Understanding with 13 other
entities supporting baseline water quality monitoring; and,
WHEREAS, the City of Kenai has volunteered the services of two employees for four days per
year for the past three years to collect baseline data; and,
WHEREAS, the baseline data collection effort, led by the Kenai Watershed Forum, has
demonstrated results that water quality is a concern affected by use upstream of the City of
Kenai; and,
WHEREAS, once a waterbody becomes polluted, the Federal Clean Water Act imposes expensive
remediation requirements and mandatory restrictions on business activities, and consequently,
it is obvious preventing pollution, through active monitoring, is the most cost effective and
logical course of action to protect our fisheries and our water quality; and,
WHEREAS, the State Department of Environmental Conservation recently proposed to cease
preventative water quality monitoring to focus only on restoration monitoring, and has chosen
to retain funds traditionally passed through to local groups which have contributed substantial
economic benefit to local communities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1' The City of Kenai hereby opposes the Alaska Department of
EnvironmentaJ Conservation (ADEC) recently proposed direction for statewide water quality
monitoring and urges ADEC to reconsider this preliminary decision in order to support
scientifically defensible and cost-effective water quality data collection by properly trained
volunteers; and,
Section 2' A copy of this resolution be sent to Governor Frank Murkowski; U.S.
Senators Ted Stevens and Lisa Murkowski; U.S. Representative Don Young; Alaska Senator
Tom Wagoner; and, Alaska Representatives Mike Chenault and Kelly Wolf.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of September,
2003.
ATTEST:
Carol L. Freas, City Clerk
JOHN J. WILLIAMS, MAYOR
CITY OF KENAI
"V'~lage ~th a past- City with a fut~
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTME] AND
- ._- COMMISSIO
DATE: ~U ] ~ $} 0 I ~/'
NAME:
Resident of the City of Kenai?
How long?
Residence Address
Mailing Address ~-~
Home Fax No.
Business Fax No. ~b~-V ~-~-~'_~ t%.. q~u~ ~'~ Email Address:
EMPLOYER:
NAME OF SPOUSE:
~f'i ,,) m_, .%t ~,,,' Home Telephone No.. Business Telephone No
,
Job Title
Current membership in organizations:
Past org~tto~ membe~~ps:
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
-x--~ :,~C-o~..i, +.~,--0___, ./(-~ ~,', ,~; CFo~,~.- ~-~ .-¥,r-~.,-,~ --~_4ow~ po,,_,4-.-¢
Il
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSIHP?
...... ._._~i__gnature )" {" ~ k~ .
Resideat of the City of Keaai?
Residence Address I( ~ Z
Home Fax No.
Business Fax No.
I 't ·
CITY OF KENAI
NAME OF SPOUSE:
"Village with a past-- City with a future."
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT COMMITTEES AND
COMMISSION
DATE:
KENAI Cj'TY--CLERK]
How long?
Home Telephqne No.
Business Telephone No'
Email Address:
Current membership in organ/zations: ~f~
Past organizational memberships:
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
OMMISSION O1~ COMMITTEE MEMBERSHIP?
~gn~tur~ - -
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST 20, 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)
.
Brandi O'Reagan, Tobacco Control Alliance -- Advertising of City
Smoking Ordinance.
ITEM C:
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM D:
PUBLIC HEARINGS
o
Ordinance No. 2009-2003 (First Public Hearing} -- Approving and
Adopting the Comprehensive Plan for the City of Kenai and
Recommending Adoption by the Kens_/Peninsula Borough.
.
Ordinance No. 2010-2003 -- Increasing Estimated Revenues and
Appropriations by $35,000 in the Airport Terminal Enterprise Fund to
Replace Boilers.
,
Ordinance No. 2011-2003 -- Increasing Estimated Revenues and
Appropriations by $6,000 in the Airport Terminal Enterprise Fund for
Handicap Lift Modifications.
o
Resolution No. 2003-41 -- Awarding a Contract to United Fire Service,
Inc. for a Ford F-450 Ambulance for the Total Amount of $126,590.
,
Resolution No. 2003-42 -- Authorizing an Application and Acceptance
of a Federal Grant for the City of Kenai Planning Department to Attend
Section 106 Training.
.
.
ITEM E:
.
2.
3.
4.
5.
6.
7.
ITEM F:
.
ITEM G:
ITEM H:
Xe
ITEM I:
o
.
.
o
Resolution No. 2003-43 -- Awarding the Bid to Preferred Plumbing &
Heating for Kenai Airport Boiler Replacement and Heating System
Upgrade - 2003 for the Total Amount of $30,850.
*NEW LIQUOR LICENSE
a. Morgan Family Limited Partnership, d/b/a Kenai Golf
Course/Golf Course License-- Seasonal.
b. Morgan Family Limited Partnership, d/b/a Kenai Golf Course --
Restaurant Designation Permit
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Mumcipal League Report
d. Kenai Chamber of Commerce
e. Arctic Winter Games
MINUTES
*Regular Meeting of August 6, 2003.
CORRF~PONDENCE
OLD BUSINESS
Discussion -- Kenai Peninsula Borough/Kenai River Protection Area
Ordinance -- 50 Foot Setback.
NEW BUSINESS.
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better
Describe and Clarify the Meaning of "Contractual Services of a
Professional Nature."
*Ordinance No. 2013-2003-- Increasing Estimated Revenues and
Appropriations by $1,056,207 for Airport Grants.
o
Discussion -- Kenai Watershed Forum/Request for Resolution of
Support for Water Quality Monitoring of the Kenai River Watershed.
,
Approval-- Renewal/Revision of Special Use Permit-- Yukon Fuel
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- Evaluation of City Manager.
ITEM M:
ADJOURNMENT
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST ~0, 2003
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http' //www. ci.kenai.ak.us
JOHN J. WILLIAMS, PRESIDING
MINUTES
ITEM A:
CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-X.
PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were'
Joe Moore
Amy Jackman
Linda Swarner
Pat Porter
John Williams
John Osborne
James Bookey
A-3o
AGENDA APPROVAL
MOTION:
Council Member Bookey MOVED for approval of the agenda as presented and Council
Member Porter SECONDED the motion. There were no objections. SO ORDERED.
A-4. CONSENT AGENDA
MOTION:
Council Member Moore MOVED to remove Item H-3, Ordinance No. 2012-2003 from
the consent agenda for introduct/on and public heanng. Council Member Porter
SECONDED the motion. There were no objections. SO ORDERED.
MOTION:
Council Member Bookey MOVED for approval of the consent agenda as amended and
Council Member Swarner SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B'
SCHEDULED PUBLIC COMMENTS
~NAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 2
B-X.
Brandi O'Reagan, Tobacco Control Alliance -- Advertising of City
Smoking Ordinance.
Ms. O'Reagan was not present. City Manager Snow noted, Ms. O'Reagan had told her
she has budget funds to advertise the City of Kenai's no-smoking ordinance and the
date it becomes effective.
ITEM C:
REPORTS OF KPB ASSEMRLY~ LEGISLATORS AND_ COUNCIL-_~
Assemblywoman Betty Glick -- Reported on actions which took place at the Borough
Assembly meeting of August 19. She noted:
A contract was awarded for upgrading the Nikisld escape route to a two-
lane capability.
A community health status survey was authorized to be taken for the
Central Peninsula General Hospital Service Area Board.
· A reclassification of land in Cooper Landing was approved. The land will
be reclassified from recreational to institutional for either lease or sale to the Cooper
Landing Seniors for a senior citizen campus. The actual disposal of the property will
be later. Actual value of the land is approximately $200,000.
· A resolution in support of HB 240 and SB 186, acts relating to charitable
gaming through implementation of electronic gaming machines in the State of Alaska
was postponed to September 2.
· A resolution authorizflag award of a contract for the Seldovia Boys & Girls
Club Project was approved.
A brief discussion took place relating to the reclassification of land in Cooper Landing.
It was asked whether the Assembly would offer other senior citizen groups property of
such high value as is being done for the Cooper Landing group. Glick noted, that is
part of the Assembly's discussion. Williams noted the city requested the Borough set
aside ten acres of property in the Lawton Drive area for use for an assisted living
facility. Williams also noted, the Borough sold property in that vicinity which, through
the city's upgrading the area with water/sewer availability, increased the value of the
Borough's lots. He added, the Borough Mayor demed the city's property request.
Williams requested Glick to keep those comments in mind when discussing the matter
further at the Assembly.
ITEM D:
PUBLIC HEARINGS
D-X.
Ordinance No. 2009-2003 (First Public Hearing) -- Approving and
Adopting the Comprehensive Plan for the City of Kenai and
Recommending Adoption by the Kenai Peninsula Borough.
MOTION:
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 3
Council Member Osborne MOVED for approval of Ordinance No. 2009-2003 and
Council Member Porter SECONDED the motion.
There were no public comments. Williams reported he and members of administration
met with representatives of the Kenaitze Indian Tribe and Salamatof Native
Association relating to the Comprehensive Plan. They requested additional time to
review the Plan. Williams also noted, they discussed the appointment of a task force
for planning the development of Millennium Square and the native groups have
requested to be included in the planning. Williams stated he would request the setting
of a task force for this purpose after the October election.
A brief discussion took place in which concerns of delaying action on the Plan with
additional public hearings and another review by the Planning & Zomng Commission
were expressed. Williams stated he wanted to have the Plan returned to the
Commission in late October and before council for final action no later than November
5.
MOTION:
Council Member Porter MOVED to amend Ordinance No. 2009-2003 to include
additional public hearings on September 3, September 17 with the final adoption on
November 5, pending review by the Planning & Zoning Commission. Council Member
Osborne SECONDED the motion. There were no objections. SO ORDERED.
Williams asked if there would be additional cost involved with adding public hearings.
City Planner Kebschull answered no, unless council requests the contract to make a
final presentation after the document returns from the Commission. If council
requests them to make a presentation, the purchase order would need to be increased.
She added, the contract was actually completed with the approval of the Planning &
Zoning Commission, however they will do any final modifications to the Plan when it is
given to them.
D-2o
Ordinance No. 2010-2003 -- Increasing Estimated Revenues and
Appropriations by $35,000 in the Airport Terminal Enterprise Fund to
Replace Boilers.
MOTION:
Council Member Jackman MOVED for approval of Ordinance No. 2010-2003 and Council
Member Swarner SECONDED the motion.
There were no public comments. Airport Manager Cronkhite explained City maintenance
personnel felt the boiler would not be able to make it through the winter. ~he is hoping some
reimbursement for the cost would come through grant funds for sidewalk repair. They felt
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 4
repair of the current boiler would be more costly. She noted, this boiler will handle the
terminal and a second boiler would be placed to accommodate the sidewalk heating in front of
the terminal.
VOTE:
Moore Yes
Jackman Yes
Swarner Yes
Porter Yes
Williams Yes
Osborne Yes
Bookey Yes
MOTION PASSED UNANIMOUSLY.
D-a.
Ordinance No. 2011-2003 -- Increasing Estimated Revenues and
Appropriations by $6,000 in the Airport Terminal Enterprise Fund for
Handicap Lift Modifications.
MOTION:
Council Member Jackman MOVED for approval of Ordinance No. 2011-2003 and
Council Member Swarner SECONDED the motion.
There were no public comments. It was noted the modifications in the grant
application were approved by FAA.
VOTE:
Moore
dackman
Yes
Yes
Yes
Porter Yes
Williams Yes
Osbome
Booker
Yes
Yes
MOTION PASSED UNANIMOUSLY.
D-4.
Resolution No. 2003-41 -- Awarding a Contract to United Fire Service,
Inc. for a Ford F-450 Ambulance for the Total Amount of $19.6,590.
MOTION:
Council Member Porter MOVED for approval of Resolution No. 2003-41 and Council
Member Bookey SECONDED the motion.
There were no public comments. Fire Chief Walden explained the purchase qualifies
as a government purchase and the multi-vehicle discount price also applies. He
noted, he removed the cost for four-wheel drive equaling $4,100. A brief discussion
KEN~ CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 5
followed in which council supported the inclusion of the four-wheel drive in the vehicle
due to the weather conditions, road conditions, beach access needs, etc.
MOTION TO AMEND:
Council Member Porter MOVED to amend Resolution No. 2003-4 1 to read, "Awarding
a Contract to United Fire Service, Inc. for a Ford F-450 Ambulance for the Total
Amount of $130,690 to cover the cost of including four-wheel drive in the ambulance
and Council Member Osborne SECONDED the motion.
Council Member Bookey asked ff the vehicle had included in the basic cost, the
equipment to work with the state's system to allow emergency vehicles to change the
street lights. Walden stated the ambulance will be equipped with that ability.
VOTE ON AMENDMENT:
There were no objections to the amendment. SO ORDERED.
VOTE ON MAIN AMENDED MOTION:
Moore
Jackman
Yes
Yes
Yes
Porter
Williams
Yes
Yes
Osborne
Booker
l Yes
Yes
MOTION PASSED UNANIMOUSLY.
D-5.
Resolution No. 2003-42 -- Auth.oriz~g an Application and Acceptance
of a Federal Grant for the City of Kenai Planning Department to Attend
Section 106 Training.
MOTION:
Council Member Osborne MOVED for approval of Resolution No. 2003-42 and Council
Member Moore SECONDED the motion.
There were no public comments. City Manager Snow noted, the city's match will be
the salary paid to the two Planning Department employees who will attend equaling
$1,045.34 (40% of the cost). Moore noted, the city continues to have a Historic
District and this training will aid in keeping up on the requirements for this type of
district and maintaining the historical district status.
VOTE:
KEN~ CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 6
Council Member Porter requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
Resolution No. 2003-43 -- Awarding the Bid to Preferred Plumbing &
Heating for Kenai Airport Boiler Replacement and Heating SYstem
Upgrade - 2003 for the Total Amount of $30,850.
MOTION:
Council Member Bookey MOVED for approval of Resolution No. 2003-43 and Council
Member Jaclanan SECONDED the motion.
There were no public comments. Cronkhite noted, the cost would replace one boiler
with two and would make the heating system functional for the winter. She added,
the purchase of two boilers had nothing to do with the sidewalk replacement. Osborne
questioned the large difference in cost. Public Works Manager La Shot noted, they
questioned the bidder and they had no problem with their bid as the owner would be
doing some of the work. He also noted the boilers specified were standard.
VOTE:
Council Member Bookey requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
D-7o
D-7a.
NEW LIQUOR LICENSE
Morgan Family Li_m_ited Partnership, d/b/a Kenai Golf Course/Golf
Course License -- Seasonal.
Approved by consent agenda.
Morgan Family Limited Partnership, d/b/a Kenai Golf Course --
Restaurant Designation Permit.
Approved by consent agenda.
BREAK TAKEN: 8:03 P.M.
BACK TO ORDER: 8:18 P.M.
ITEM E:
COMMISSION/COMMITTEE REPORTS
E-1. Council on Aging -- Council Member Swarner noted the next meeting
was scheduled for September.
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 7
E-2. Airport Commission -- Council Member Jackman, referring to minutes
included in the packet, reported a meeting was held on August 14 at which the
Commission heard concerns relating to airport noise, and discussed off-airport car
rental fees, recommending the draft ordinance included in their packet be forwarded
to council for consideration. It was noted, Cronkhite was asked to investigate other
fees that could be implemented by the city.
It was also noted, one of the members were removed from the roster of commissioners
due to the change in his status as a lessee and another had 'missed many meetings.
Clerk Freas was requested to send letters to Commissioners Van Zee and Holloway
thanking them for their service to the city. It was noted, the vacant seats represented
lessee and at-large memberships. Freas was requested to review applications and
include those appropriate in the council packet for consideration.
A brief discussion followed relating to past discussions of off-airport car rental
concerns and whether the city has ever or would want to repurchase airport lands.
Two properties were identified, situated close to the airport and could be used to
house an off-airport rental business. Comments from council indicated there was no
interest at this time to purchase the properties; the property is owned privately and to
whom it is sold, etc. is not a concern of the city; and, consideration to purchase the
property may be revisited if the property is included in a bankruptcy action. It was
also reported by Cronkhite, the Comprehensive Plan suggests the Airport review the
overall use of airport land for sale or lease and perhaps reassess the properties and
criteria. Additionally, there could be a reason to repurchase properties if there are
noise abatement concerns, but this would be a separate issue from the properties
council was now discussing.
E-3. Harbor Commission --
in September.
Bookey reported the next meeting would be held
E-4.
October 7.
sale.
Library Commission -- Moore reported the next meeting is scheduled for
He noted, the Friends of the Library now had raffle tickets available for
E-5. Parks ih Recreation Commission -- Porter reported the next meeting
will be held in September.
E-6. Planning/h Zoning Commission -- Osborne reviewed the minutes of the
August 13 meeting, which were included in the packet.
E-7. Miscellaneous Commissions and Committees
E-Ta. Beautification Committee -- Swarner reported a special meeting will be
held in September.
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 8
E-Tb. Kenai Convention/h Visitors Bureau Board -- KCVB Executive Director
Ricky Gease reported the following:
* KCVB assisted the Kenai Peninsula College in a non-evasive probing
around the Russian Orthodox Church looking for the original fort foundation.
· Their VISTA Volunteer grant has been tentatively approved.
· They received a mini-grant from the state for development of a
sportfishing website.
· Revenues through charitable gaming has decreased substantially and
will affect their organization. Investigation of options will be taking place, i.e. reducing
budgets and perhaps staff.
· He attended the Conference of Western Association of Convention &
Visitor Bureaus. All the directors of the western U.S., he learned, operate through bed
tax revenues. They will be worlc/ng w/th the Kenai Peninsula Tourism Marketing
Council to discuss the possibility of setting a borough-wide bed tax with-the Peninsula
municipalities. He suggested, if the issue goes to the voters and passes, the revenues
collected within the municipalities should go back to the municipalities. Those
outside the municipalities should go to an organization promoting the borough on a
borough-wide basis.
They are investigating possibilities for consolidation of business efforts
with the Kenai Chamber, i.e. how to work better together, improve their efficiencies,
etc.
Porter asked when the Visitors Center would be getting together with the local
merchants to develop a compromise. Gease stated they would be making contact in
the fall. Porter suggested writing a letter thanking them for their input and giving an
indication when he would be meeting with them.
E7-c. Alaska Municipal League Report -- Swarner noted the AML applications
for their Awards of Excellence had been distributed to council. She requested council
contact her, Williams, or Clerk Freas if they have suggestions. Williams suggested the
Kmart/Home Depot modifications be considered and will discuss it further with
Reynolds.
E7-d.
Kenai Chamber of Commerce -- No report.
E7-e. Arctic Winter Games -- Moore reviewed actions and discussions of the
August 14 meeting, noting the Society's Vice President would be signing the approved
agreement between the Borough and Host Society because the President is also the
Borough Mayor; the agreement will be amended to include self-insurance by the
borough; they have started the process of hiring a general manager; a committee was
formed to find a professional fundraiser; and, Bob Frates was approved as the city's
alternate to the Society.
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 9
A brief discussion followed in which it was pointed out the minutes of the July 17
meeting reflected there will be a presentation made to the municipalities relating to the
required agreement between the borough and municipalities. Moore will discuss the
matter at the next meeting to ascertain when the presentation will be made to the
Kenai Council.
ITEM F: MINUTES
F-Xo
Regular Meeting of August 6, 2003 -- Approved by consent agenda.
ITEM G:
CORRESPONDENCE-- None.
ITEM H:
OLD BUSINESS
i-Xo
Discussion -- Kenai Peninsula Borough/Kenai River Protection Area
Ordinance-- 50 Foot Setback.
Referring to information included in the packet, Bookey stated he wants to amend the
city's ordinance to authorize the city to manage the Kenai River Protection Area
Ordinance. He requested the information be forwarded to the Planning & Zoning and
Harbor Commissions for their review and then back to council for consideration.
A general discussion followed. John Mohorcich, KPB River Center Coordinator,
provided information on the process they follow at the River Center and how the City
of Soldotna processes applications. Consensus of council was to forward the
background information provided to the Commissions, along with a memorandum to
be prepared by City Manager Snow upon completion of administration's research on
how the process could work for the City of Kenai.
ITEM I:
NEW BUSINESS
I-1o
Bills to be Paid, Bills to be Ratified
MOTION:
Councilperson Bookey MOVED to pay the bills and Councilperson Moore SECONDED
the motion. There were no objections. SO ORDERED.
I-2o
Purchase Orders Exceeding $2,500
MOTION:
~NAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 10
Council Member Bookey MOVED to approve the purchase orders exceeding $2,500
and Council Member Porter SECONDI/gD the motion. There were no objections. $O
ORDE~D.
I-3o
Ordinance No. 2012-2003 -- Am_ending KMC 7.15.050 to Better
Describe and Clarify the Meaning of "Contractual Services of a
Professional Nature."
MOTION FOR INTRODUCTION:
Council Member Moore MOVED to introduce Ordinance No. 2012-2003 and Council
Member Porter SECONDED the motion.
Mayor Williams opened the public hearing for comments.
Robert Molloy, 110 South Willow Street, Suite 101, Kenai -- Molloy stated he had
two concerns w/th the current proposed ordinance' 1) the scope of definition of
professional services and 2) lack of'procedures for a Request For Qualifications {RFQ)
or competitive bid process.
Molloy explained his concerns as:
· He believed the scope was very broad and would allow the city to
contract out lots of services; it brings up the possibility of insider dealing and an
appearance of impropriety and public trust; and, suggested having more procedures in
the ordinance so the public will feel their interests are being protected. Noting the
whereas in the ordinance which states, "...after this ordinance becomes effective, the
city intends to advertise a request for qualifications for a professional services contract
for facilities management of the Kenai Recreation Center." Molloy stated that wording
was not in the ordinance itself and a whereas has no legal effect. He added, he felt
that wording should be included in the ordinance, as well as something to allow
administration to put out a request for competitive proposals as an option and a
description of what the contractor's responsibilities would be and how the contractor
plans to carry through the responsibilities.
· He referred to the borough code which offers a procedure for proposals of
professional services where bidding is not required and reviewed the borough code's
requirements / process.
· Suggested using a committee to evaluate proposals with members from
outside adminis~afion as part of the evaluation team.
· By broadening the definition, there are other issues of concern and
recommended the other issues be reviewed as well so a more comprehensive ordinance
can be developed.
KEN~ CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 11
Discussion followed in which City Attorney Graves noted there are a spectrum of
ordinances, i.e. one saying all these types of contracts are exempt from the competitive
process and allows administration a broad leeway of how to do it, to fairly detailed
procedures. He added, it depends on how much leeway the council wants to give on
awarding the contracts, i.e. detailed procedure, others not as detailed. Graves stated
he reviewed many ordinances from municipalities in the state and picked the one he
felt reflected the three-point plan chosen by council.
Jackman stated she has been involved with bidding through the borough and
appreciated their detailed procedures. Williams stated, if the ordinance is too tight, it
would take away the discretionary powers of the council and council needs to decide
how much power they want to give up versus how much direct competitive bidding the
council wants to involve the city in with any of the issues. He added, everyone is
looking for expediency in solving the current problem (closure of the Recreation
Center) and if modifications are continued, reopen for public hearing, discuss the '
process and continue it, there will not be a conclusive date on which the Recreation
Center will open. Williams stated, he felt, and believes the council agrees, the Center
will not open until the issue is solved because there is too much at stake for the entire
city.
Jackman stated she agreed with Williams relating to the discretionary power of council
and administration. She added, she did not think the discretionary power of the
council would be alleviated, but would lay out the ground work when the lowest bid is
not taken, etc.
Williams asked if there were any suggested modifications and noted Molloy's request
to include specific requirements in an ordinance for requests of qualifications prior to
going to a professional services contract. It was suggested requests from the public be
submitted in writing in order for the wording to be reviewed properly prior to council
consideration. Written suggested modifications were requested to be submitted by
Wednesday, August 27 for review and possible response.
Ricky Gease, Kenai Visitors tk Cultural Center-- Noted the Center holds a
professional services contract with the City.~ He stated, he believed it was an
interesting concept for the council to decide how much discretion should be in
contracts. He added, council will have to consider those current professional
management service contracts assisting the city in managing public facilities and
whether those are at fair market value.
VOTE ON INTRODUCTION:
Moore
dackman
Swarner Yes
Yes Porter
Yes Williams
l Yes
Yes
Osborne Yes
Bookey
Yes
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 12
MOTION PASSEl) UNAN~OUSLY.
Williams noted, the issue of the city contracting with a non-profit organization is so
the general public will get the best possible deal, i.e. payment services, employment
practices, use of volunteer labor, etc.
There were no further public comments.
Council Member Porter noted she had heard comments from the public the ordinances
for introduction are not included on the city webpage and requested that be remedied.
Clerk Freas stated she would investigate that possibility.
Ordinance No. 2013-2003 -- Increasing Estimated Revenues and
Appropriations by $1,056,207 for Airport Grants.
Introduced by consent agenda.
Discussion -- Kenai Watershed Forum/Request for Resolution of
Support for Water Quality Monitoring of the Kenai River Watershed.
Bookey referred to a draft resolution included in the packet and noted, in his
discussions with a representative of the Watershed Forum, he learned they are facing
funding problems and the resolution supporting the Forum would help in securing
funding. He also noted, though the city may not always agree with the Forum, it is
necessary to have this type of organization gathering data, which could be helpful to
the city in pointing out conditions of the lower river being affected by activities in the
upper river. Bookey requested council support a resolution or letter of support.
Discussion followed in which it was noted the draft resolution also mentions the city
volunteers employees to test the water and how important the river is to the city; the
city needs to be cautious as it there is a political side to the request; the funding
previously received is being directed to Anchorage; and, concerns of the city
supporting a group that can also speak, against the city. It was also noted, in
discussions with the representative, it was indicated future reports will state facts, but
will also discuss where the problems are originating.
Consensus of council was to bring forward the resolution for consideration at the
September 3, 2003 meeting.
I-6o
Approval-- Renewal/Revision of Special Use Permit-- Yukon Fuel
City Manager Snow reviewed the memorandum included in the packet which
discussed the history of the initial Special Use Permit, i.e. approved for Kenai Airport
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 13
Fuel and then assigned to the current permit holder, Yukon Fuel. The initial space
was for 20,000 square feet and was seal coated by the Airport to protect the pavement.
This permit renewal also revises the amount of area included. The price for the permit
will remain the same with the additional space, however the lessee will pay for
resealing the original area and coating the additional area.
MOTION:
Council Member Porter MOVED for approval of the renewal/revision of a Special Use
Permit to Yukon Fuel and Council Member Bookey SECONDED the motion. There
were no objections. ~O ORDERED.
ITEM J: REPORT OF THE MAYOR -- Mayor Williams noted the following:
His request of administration to work with organizations who host
walks/races in the city and direct them to use paint to mark the distances on the
roadway/sidewalks that wash off or use removable signs.
· Reminded those present of the Industry Appreciation Day Picnic
scheduled for Saturday, August 23.
· Requested administration to track the expiration of the performance
bond for the contractor building on the golf course lots.
· Suggested the city expand the senior citizen population due to the new
revenue they bring to a community.
· Requested the Finance Department to prepare projections for next year's
budget for the city council candidates.
ITEM K:
ADMINISTRATION REPORTS
K-1. City Manager-- City Manager Snow noted the following:
· FAA has requested the grant offer, referred to in Ordinance No. 2013-
2003 (on the consent agenda}, be signed and returned prior to August 22, prior to the
ordinance coming forward for public hearing. She confirmed this had been done last
year as well.
· Department head reports are included in the packet.
Porter thanked Public Works Manager Komelis for having the back roads cleared of
debris in the Inlet Woods Subdivision. She also asked for a comparison of building
permits between last year and the current year. Public Works Manager La Shot
answered, to date there were 64 permits issued and last year there were 81.
Discussion followed relating to the building permit for the Unocal building. La Shot
explained the building is being remodeled and building plans will be submitted prior
to a building permit issuance.
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 14
Porter asked Parks & Recreation Director Frates if additional work had been done at
Municipal Park and Frates reported some limbing had been done by the Rotary Club
and his crew had done additional pruning, etc., however there is more work to do. He
added, new gates were installed and other minor work completed. Frates was
requested to send a thank-you letter to the Rotary Club for their efforts.
Porter asked the status of the emergency communications operations grants and Chief
Kopp reported no funds had yet been received, however tentative approval had been
received for approximately $65,000 for purchase of an eighty foot tower to hold all the
communications equipment (antenna system, etc. I.
Sw ,arner asked La Shot, if a building permit is required in order to do demolition work
in a building. La Shot answered, a demolition permit is required, however when it is
known a reconstruction permit will be needed, they sometimes allow the demohtion
work to take place without the permit. He noted, there is no cost involved with a
demolition permit.
'Swarner asked when a dip net fishery report will be forwarded to council and Frates
answered, the committee met and discussed the fishery and plan to forward a report
to City Manager Snow, the Harbor Commission and council.
Swamer requested statistics in reports include the current and past years'. Swarner
asked if code violations, etc. are being done if there are less building inspections
needing to be made. La Shot stated there had been some code violation investigations.
Bookey referred to information included in the packet relating to the Basin View
Subdivision paving project. He questioned the bury pit and reduction of the road
width. Public Works Manager Komelis explained, at the end of Dolchok Lane, the
road went into a driveway which is part of the right of way. In order to make the road
a full width to the right-of-way would be very expensive, it would not be fair to the
other property owners to bear the cost, and they decided to pave the road to the lot on
the end in order to save'costs. Komelis stated no other properties were paved and the
city will maintain the road. Bookey stated his concern city road projects are
accomplished and bring th'e roads to city standards. Komelis added, the work had
been discussed at the public hearings.
Attorney-- No report.
K-3. City Clerk -- No report. Porter asked if commissioners names and
addresses could be added to the webpage. City Clerk Freas stated she would check on
space concerns, whether commissioners had any objections to that information being
included, and if space is scarce, council may need to decide a priority, i.e..ordinances
for introduction, names and addresses, etc.
~NAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 15
Swarner suggested the bluff project be mentioned on the website as it is a priority of
the city.
ITEM L: DISCUSSION
L-1. Citizens
Emily DeForest -- Reported raffle tickets are available for the Friends of the
Library October fundraiser.
L-2. Council
Bookey-- Noted he had received comments from a constituent who had been
instructed by the Department of Transportation to remove flower containers in front of
his business which are situated in the right of way. A brief discussion took place and
City Attorney Graves was asked to write a strong ietter of protest in this regard.
Porter -- Reported she had a constituent discuss the city's process for taking
public comments for public hearings and other items not for public hearing. To that
end, she requested City Clerk Freas to contact other clerks in the state and inquire of
their process.
Porter also presented a plaque the city received for its contribution to the ALPAR
program through the Boys & Girls Club.
Osborne -- Reported on the amount of visits made to the city's webpage.
Jackman -- Requested a vehicle parked on the alleyway by the Mellish Strip
Mall be investigated.
Williams -- Requested property with junk vehicles be investigated.
EXECUTIVE SESSION- Evaluation of City Manager.
MOTION:
Council Member Bookey MOVED to convene in an executive session of the council of
the City of Kenai concerning matters that tend to prejudice the reputation or character
of another which includes the evaluation of the city manager. Council Member Porter
8~20~ED the motion. There were no objections. 80 ORDERED.
Williams stated council would take a five minute break and then convene in executive
session.
KENAI CITY COUNCIL MEETING
AUGUST 20, 2003
PAGE 16
EXECUT~ SESSION:
BACK TO ORDER:
10:38 P.M.
1:40 A.M., Augnst 21., 2003
Council Member Bookey reported council did the evaluation of the city manager.
Everything came out acceptable by all members of council and they plan on retaining
her for another year. He added, everything is well in the City of Kenai.
ITEM M:
ADJOURNMENT
The meeting adjourned at approximately 1'50 a.m., August 21, 2003.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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Suggested by: Administrati:
City of Kenai
OI~DIN~CE NO. 2014-2003
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY A NET OF <$9,155> IN TWO
SENIOR CITIZEN FUNDS.
WHEREAS at the time the City budget was approved by Council, the grant awards for
the Council on Aging Title III fund and the Kenai Peninsula Borough Senior Citizens
fund had not been approved. The City budget reflects the amount that was requested
in the grant proposals. Since that time, grant awards have been approved by the
State of Alaska, United Way, and the Kenai Peninsula Borough; and,
WHEREAS, the Council on Aging Title III revised budget is $21,910 less than the
original budget and the Kenai Peninsula Borough Senior Citizens revised budget is
$12,755 more than the original budget; and,
WHEREAS, this reduced budget will still provide for the nutrition, transportation and
support of the senior community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased (decreased) in the
following funds:
Council on Aging- Title III Fund
Estimated Revenues:
State Grant
USDA Cash
In-Kind Rent
Transfer from Borough Fund
Appropriations:
Access- Rentals
Congregate Meals- Health Insurance
Congregate Meals- Operating Supplies
Congregate Meals- Rentals
Home Meals- Health Insurance
Home Meals- Operating Supplies
Total
$ <28,731>
<2,700>
<3,234>
12,755
<21,910>
$ <1,617>
<5,000>
<4,338>
<1,617>
<10,955>
<5,000>
<4,338>
<9,338>
<21:910>
Ordinance No. 2014-2003
Page Two
Kenai Peninsula Borough Senior Citizens Fund
Estimated Revenues:
United Way Grant
Kenai Peninsula Borough Grant
840
11,915
12,755
Appropriations:
Transfers Out $ 12.755
.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17TM day of
September, 2003.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
{08/2s/2003) h~
Introduced:
Adopted:
Effective:
'September 3, 2003
September 17, 2003
September 17, 2003
Suggested by: Administra'._ ....
CITY OF KENAI
ORDINANCE NO. 2015-2003
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 13.15.010(a) TO REDEFINE THE ALLOWED HUNTING AREAS WITHIN THE CITY
AND REPLACE THE MAPS OF THOSE AREAS WITH AN UPDATED ONE.
WHEREAS, the discharge of firearms is allowed in certain areas within the city limits
of the City of Kenai provided by Resolutions 75-38 and 75-41; and,
WHEREAS, the designated hunting areas are displayed on Appendices I and II of KMC
13.15.010, as provided in Resolutions 75-38 and 75-41; and,
WHEREAS, residential development has expanded over the years into parts of the
designated hunting areas; and,
WHEREAS, public safety is enhanced by prohibiting hunting in residential areas; and,
WHEREAS, the maps provided in the code are old and difficult to read; and,
WHEREAS, new, computer-generated maps are clearer and easier to understand.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 13.15.010(a) is hereby amended by replacing Appendices I and II
with a new Appendix I, attached hereto, and amending the Code to read as follows'
13.15.010 Discharge of firearms.
It shall be unlawful for any person to:
(a) Discharge a firearm within the City [L]_limits not specifically
designated by Council [RESOLUTION] as being a proper place for the
discharge of firearms. It shall be unlawful for any person to discharge a
firearm in any place within the City [L]_limits other than in an area
specifically designated in the map marked Appendix I and [AS] provided
in this section. [SAID RESOLUTIONS ARE APPENDED TO THIS
CHAPTER, MARKED APPENDIXES I AND II, AND ARE INCORPORATED
HEREWITH.]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
September, 2003.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
(5/27/03 sp)
Introduced:
Adopted:
Effective:
September 3, 2003
September 17, 2003
October 17, 2003
Legend
USES ALLOWED*
i Firearms Allowed
~ Shotguns Only
i{enei Peninsula Boraugh
GIS Division
CITY OF KENA!
*Also see State of Alaska regulations.
'"" ......... ' ' ~ ~- ............ .' ~:::~.~'~' ................... i~'r~, ..................................... ;,,;~,-~ ,~--~,--~;~.~..,.,.,~,-~;-,. ;-~-~,~ ...... ,--,-,~, .,--., ......
$
DI=CEMBFR 25, 2002
~.ffect±ve 10/03
At tachment I
NAI PENINSULA BOROUGH
144 N. BINKLEY , SOLDOTNA, ALASKA 99669-7599
BUSINESS (907) 262-4441 ' FAX (907)262-1892
Kenai City Council
210 Fidalgo Street
Suite 200
Kcnai, Alaska 99611
Dear Kenai City Council Members:
August 26, 2003
DALE BAGLEY
MAYOR
Vacate 20-feet of the 50-foot Right-of-Way easement along the easterly boundary of
Government Lot 133 as recorded in Book 30 Page 251 of the Kenai Recording District, all
within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of
Kenai and the Kenai Peninsula Borough; KPB File No. 2003-163
In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made
without the consent of the city council. The Planning Commission approved the referenced vacation
during their August 25,2003 regularly scheduled meeting by unanimous consent. This petition is
being sent to you for your consideration and action.
The City Council has 30 days from August 25, 2003 in which to veto the.decision of the Planning
Commission. If no veto is received by the Commission within the 30-day period, the decision of the
Commission will stand.
Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are
attached.
MJB:ria
Attachments
Sincerely,
//
Max J. Bes~/
Planning Director
AGENDA ITEM F.
PUBLIC HEARINGS
Vacate 20-feet of the 50-foot Right-of-Way easement along the easterly boundary of Government Lot 133
as recorded in Book 30 Page 251 of the Kenai Recording District, all within Section 34, Township 6 North
Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File
No. 2003-163
Staff report as read by Max Best.
PC Meeting 8/25/2003
Purpose as stated in petition' Only 30 feet is required by the City of Kenai. This provides room for development in
the future.
Petitioner(s): John M. & Cynthia K. Shankei of Kenai, Alaska.
Public notice appeared in the August 7 and August 14, 2003 issues of the Peninsula Clarion.
Twenty-four (24) certified mailings were sent to owners of property within 300 feet of the parcels; twenty-two (22)
of the receipts have been returned.
Thirteen (13) regular mailings were sent to agencies and interested parties; eight (8) notices were sent to KPB
Departments. Four (4) notices were posted in public locations. The notice and maps were posted on the Borough
web site.
Statement(s) of non-objection
Alaska Communications Systems
KPB Coastal Zone Management
Homer Electric Association
Staff discussion
The preliminary plat showing the proposed vacation received conditional KPB Plat Committee approval, subject to
the vacation approval, on August 11,2003. The Kenai Planning and Zoning Commission had also reviewed the
plat and recommended approval of the subdivision. If the vacation is approved, the Kenai City Council will have 30
days to veto Borough Planning Commission approval.
Findings:
.
Sufficient rights-of-way exist to serve the surrounding properties.
No surrounding properties will be denied access.
The remaining right-of-way is of sufficient width to satisfy the City construction requirements.
The remaining right-of-way is of sufficient width to satisfy the Borough minimum width requirement.
Two utility companies have provided letters of non-objection.
All subdivision plats finalizing vacations are sent to utility companies for review and easement
requirements. ,
STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacation as
petitioned, subject to:
Submittal of a final plat within one year of vacation approval.
If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning
Commission approval of the vacation.
DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL
BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A
VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA
PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS
AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].
KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 25, 2003 MEETING
PAGE 8
UNAP,~=OVED ~,,tI~UTES
END OF ,STAFF REPORT
Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to speak,
Chairman Bryson closed the public comment and opened discussion among the Commission.
MOTION: Commissioner Tauriainen moved, seconded by Commissioner Isham, to adopt the six findings and
approve the vacation as petitioned.
Chairman Bryson asked if the City commented about the proposed vacation. Mr. Best indicated he needed to
review the file.
Findings:
.
4.
5.
6.
Sufficient rights-of-way exist to serve the surrounding properties.
No surrounding properties will be denied access.
The remaining right-of-way is of sufficient width to satisfy the City construction requirements.
The remaining right-of-way is of sufficient width to satisfy the Borough minimum width requirement.
Two utility companies have provided letters of non-objection.
All subdivision plats finalizing vacations are sent to utility companies for review and easement
requirements.
VOTE: The motion passed by unanimous consent.
· BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
YES. YES ABSENT YES YES YES YES
JOHNSON MARTIN MASSlON PETERSEN TAURIAINEN TROEGER 10 YES
YES ABSENT YES ABSENT YES YES 3 ABSENT
Mr. Best advised the Commission that comments from the City of Kenai for the proposed vacation were not in the
file.
KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 25, 2003 MEETING
PAGE 9
.
47
AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS
Shankei Subdivision
KPB FILE 2003-160 [Integrity/Shankei]
Staff report as reviewed by Maria Sweppy.
Plat Committee Meeting 8/11/2003
Location: City of Kenai
Proposed Use: Residential
Zoning: RS - Suburban Residential
Sewer/Water: City
Assessing Use: Vacant
Supporting Information:
This plat will subdivide Government Lot 133 into five lots. The lots range in size from 12,330 square feet to 32,300
square feet. City water and sewer service are available to all lots.
The subdivision is located in a level area of Kenai.
Lots 2 and 3 are flag lots, accessing onto Kaknu Way. Kaknu Way appears to be constructed. Staff
recommends a note be placed on the plat to prohibit structures within the panhandle portions of the lots.
A matching dedication is proposed for Kaknu Way. Staff recommends the total right-of-way width be labeled.
There is a 50-foot right-of-way easement on the east side of the subdivision. Baker Street proposes to dedicate
30 feet as a half right-of-way. Vacation of the remaining 20-feet will be considered at the August 25, 2003 Planning
Commission meeting. Staff recommends approval of this plat be subject to approval of the vacation.
Per KPB Resolution 2000-025, the Certificate to Plat indicates a beneficial interest affects this property. They have
been notified and given 30 days from the date of the mailing of the notification to respond. They are given the
opportunity to notify staff if their beneficial interest prohibits or restricts subdivision or requires their signature on
the final plat. If no response is received within 30 days, staff will assume they have no requirements regarding the
subdivision and it may be finalized.
The Kenai Planning and Zoning Commission reviewed the plat on June 25, 2003. They recommended approval,
subject to approval of the vacation. An installation agreement will not be required.
No exceptions have been requested.
STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations,
and the following conditions:
REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN
KPB 20.12 AS FOLLOWS:
o
Provide date of survey.
Show travel way along east boundary, and label use.
Verify street name: Kaknu Street or Way.
ADDITIONAL REQUIREMENT,~ FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH
TITLE 20 INCLUDE:
.
5.
6.
7.
8.
9.
Revise label on vacated area to show approval date and 20-foot vacation.
Survey and monumentation to meet Ordinance requirements; or an exception having been granted.
Plat is in the City limits. Please remove reference to building setback in Note 3.
Correct spelling of owner's name under signature line.
Conform to conditions of KPB Planning Commission Resolution 78-6.
Compliance with Ordinance 90-38(Substitute)- Ownership.
KENAI PENINSULA BOROUGH PLAT COMMITTEE AUGUST 11,2003 MEETING PAGE 2
10.
Compliance with OrdinanCe 93-59 - Payment of all taxes due prior to final approval. If final approval and
filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will
be on deposit with the Finance Department.
NOTE: A NOTICE OF RECONSIDERATION MAY BE TAKEN FROM THE DECISION OF THE PLAT
COMMITTEE TO THE PLANNING COMMISSION ACTING AS PLATTING BOARD BY FILING WRITTEN
NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR WITHIN 10 DAYS AFTER NOTIFICATION
OF THE DECISION OF THE PLAT COMMITTEE BY PERSONAL SERVICE, SERVICE BY MAIL, OR
PUBLICATION. (2.40.080 BOROUGH CODE OF ORDINANCES).
THE NOTICE OF RECONSIDERATION SHALL BRIEFLY STATE THE REASON RECONSIDERATION IS
REQUESTED AND THE APPLICABLE PROVISIONS OF THE BOROUGH CODE OR OTHER LAW UPON
WHICH RECONSIDERATION IS BASED.
END OF STAFF REPORT
While reviewing the staff report, Ms. Sweppy noted that comments from Coastal Management Program staff were
in the desk packet.
Chairman Johnson opened the meeting for public comment. Seeing and hearing no one wishing to comment,
Chairman Johnson closed the public hearing and opened discussion among the Committee.
MOTION' Commissioner Tauriainen moved, seconded by Commissioner Hutchinson, to grant approval to the
preliminary plat subject to staff recommendations.
VOTE: The motion passed by unanimous consent.
KENAI PENINSULA BOROUGH PLAT COMMI I lEE AUGUST 11,2003 MEETING PAGE 3
~i-tlERF.,a~, a ~ertjfi,:.nte of the Land Olflce at Aaohorago
,. Alaska, la now d~lmn-
itad it, the Bur, au of Land ldanagement, whet-city it appears tttat purauint to the Act of Con~l'eaa of
Jun~ 1, 193~ ('~;2 l~tr. 609), ira amended by tho Act o/July 14, 1~45 (61~/~tat. 467)
~ut *h~ act~ aupple~ rental ~e~, the claim ~l Floyd A. Fro~ '
~ ~ ~~l~ ~nd ~t ~e r~uir~en~ of I~ ~ainin~ ~ the claim h~v~ ~u ~ fo~. the
liewB~d Idarldlaa, Alaska.
T..EN., Iii. IIW.,
8~0. 34, Loc 133.
~ ate. t deacril~d coat, ina 2.fi0 t ~rea, according ~ ~l o~iel pint o1 th~ nurvey of
~ aid ~.., on ill= in ~e Bu~u of [~nd M~em=,t. ~pen~nt ~aur.,ey ol~ol~lly ~1~
NOW KNOW YE, T~t ~ UNITED STATES OF ~MERICA, in ~naideratmn of the
~ES HEREBY GRANT un~ the ~id claimer and to the hei~ of the ~id clalmnt the tract
~v= de~ri~; ~ HAVE AND ~ IIOLD the ~ame, ~Eether with ail the right, pr~vileEe~ ~u.
nine. end ~ppu~~nee~, o~ w~~ ~er ~tur=, thereunto ~'~n~n~, un~ the ~Id claimant and
~ h=ira ~d ~i~ of ~ ~id claimant forever; aubj~=t to {1} any vea~d and accrued' ~.~
~¢h~ for mining, ~gricultur~l. nmnug~turmg, or other pur~=ea, ~nd righ~ to ditche~ and
volts ~d in conn~tion wi~ such water rights, ~l may ~ recogni~d and acknowledged by ~v ,~1
customs, laws, and decisions of courts; and (2} Ore reaervat~oa of'~ right,f-x, ay (or ditches o~' cannla
~gmtructol by the authority of O~e Uni'~ ~taten, in accordaace w~th the Act of August 30,
8~t. 391; 43 U.~.C. Sc~. 945). There ~ also rt'acrved to the United S~ten a right-of-way for the
:~truttion of railroads, telegraph and tel~,)jlun~ lanai, i1~ accordance ~tth ~cction I of. t~u Act of
March IZ, 1914 ( ~8 S~t. ;aU5; 48 U.S.C. Sec. '~05).
E~U~ ~d re~~, ~ao, to ~ Unl~d ~t~a nil o11, gas a~ ~r mln=ral
podia :n ~ l~d at~ para,d, ~goth~r with ~e rlgh~ to.pro~oct for, ~n~ ~d r~movo
~ ~e acco~~tu ~e ;)ro~alonl of ~d Act o~ dune I 1~
T~a p~~ ~a a~jeet ~ a rt¢ht-o~-way not ~=~~g 33 fuot lu wide, tot r~Oway ..
m~ p~hc u~lltl~a pu~oaoa, to be l~at~d alo~ the noah bo~ary ~d 50 f~t tu width
al~ the east bum-~y of ~d ~nd.
IN T£STIMON~' WHEREOP, the undm'aisnt~l
o~ ~nd Management, in accora~nce with tho provia~ o~ tim ~ct of
June 12, 1~ (62 S~t. 426}, h~, in ~e n~n~ of thu Un~tt~ Btam.
ou~d the~ letters ~ t~ ~~ P~nt, ~nd th~
.
' hereun~ a~xed.
:; - GIVEN under my hand, in Anchorago, Ala~a
5"" T~TIETII ~y of ~TOt~R In the year of out
. ..
~ Lord one thousand ni~e hundred ~nd ~TY-FOUIt ~nd of tha
Inde~ndence of th~ Uni~ S~ ~, on~ hundre0 ~nd EIGIITY-
PENINSULA CLARION
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Ao
Public notice is hereby given that a petition has been received to vacate a 20-foot fight-of-way
easement within the City of Kenai. Ama under consideration is desca'ib~ as follows:
Location and request: Vacate 20-feet of the 50-foot Right-of-Way easement along the
easterly boundary of Govemment Lot 133 as mc, on:led in Book 30 Page 251 of the Kenai
Recording District, all within Section 34, Township 6 North, Range 11 West, Seward
Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No.
2003-163
Bo
Purpose as stated in petiti0.n.: Only 30-feet is required by the City of Kenai. This provides
room for development in the future.
Co
Petitioner(s): John M. & Cynthia K. Shankei of Kenai, Alaska.
Public headng will be held by the Kenai Peninsula Borough Planning Commission on Monday,
August 25, 2003 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting
to be held in the Assembly Chambers of the Kenai Peninsula Borough, 144 N. Binkley Street,
Soldotna, Alaska.
Anyone wishing to testify may come to the above meeting to give testimony; or may submit a
written statement to the attention of Mary Toll or Sylvia Vinson-Miller, Kenai Peninsula Borough
Planning Department- 144 N. Binkley Street- Soldotna, Alaska 99669. Wdtten testimony should
be received by the Planning Department no later than Wednesday, August 20, 2003 [wdtten
comments may also be sent by Fax to 907-262-8618]
If the Planning Commission approves the vacation, the Kenai City Council has thirty days from
that decision in which they may veto the Planning Commission approval. Appeals from denials of
the Planning Commission must be taken within 30 days to the Superior Court at Kenai, Alaska
pursuant to Part VI of the Alaska Rules of Appellate Procedure.
For additional information contact Mary Toll or Sylvia Vinson-Miller, Planning Department, 262-
4441 (1-800-47~1 toll free within Kenai Peninsula Borough).
Mary Toll
Platting Officer
mtoll{~borough.kenai.ak, us
PUBLISH 2X (Thursdays, August 7 and August 14, 2(X)3)
51
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
PETITION TO VACATE
PUBLIC RIGId-OF-WAY/SECTION LrNE EASEMENT
PUBLIC HEARING._.REOUIRED
_
Upon receipt of complete application with fees and all required attachments; a public hearing before the Planning Commission
will be scheduled.
Fccs- $300 non-rcfundabic fe~ to help defray costs of advertising public hearing. Any required plat fee~ will be in
addition to vacation fees. --
[]-
Public right-of-way proposed to be vacated is ; dedicated
Subdivision, filed as Plat No. in
District.
by plat of
Recording
[¸]
Vacation of associated utility easements. Are easements in use by any utility company; if so which7
[]
Easement for public road or right-of-way as set out in (specify type of document) 02;q,',,,. {' l~.~~ ~ as
recorded in Book ~ Page 7--,5-1 office /~. ~.,,~ Recor~g District. (Col~ of recorded document must
be submitted with petition)
[ ] Section Line Easement
[]
Submit thre~ copies of plat or map showing area proposed to be vacated. If right-of-way or e
document; one copy of recorded document must be submitted.
H~ fight-of-way been fully or partially constructed?
-fight-of-way used by vehicles/pedestrians/other?
,las section line easement been constructed?
,,
Is section line easement being used?
The petitioner must provide reasonable justification for tl~e vacation
[ ]Yes []No
[]Ycs []No
[ lyes [ ]No
[]Ycs [ ]No
by
, ,
, ,
Thc pctition must bc signcd (written signattu'c) by owners of majority of thc front fcct of land fronting part of right-of-way or
section linc casement proposcd to be vacated. Each m~ include mailing ad&ess and legal description of his/her propcrty.
Submitted by: Signature '
Name
Ad&ess (adSd'~'";,rtx or. ·
P hone c/o "/' 8 3 3 -c] 0 q '7
Signature ,~~ ~'~'-~' Petitioners:
, Signature
Name ~o ~,n iiq._...~_.~_a,.~k.e_l _ Name
Ad&ess P.o. ibo-~ It'l..q Ad&ess
Ad&ess ~- e' ~o' ~t ~ q Address
,,mer of
Owner of
Owner of
Owner of
STAFF REPORT
To- Planning & Zoning Commission
Date: June 11, 2003
Res- PZ03-26
GENERAL INFORMATION
Applicant:
Integrity Surveys
605 Swires Road
Kenai, AK 99611
283-9047
Requested Action'
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
Preliminary Plat
Shankel Subdivision - A subdivision of Government Lot
133
1402 Kaknu Way
04515307
RS- Suburban Residential
Vacant
Medium Density Residential
ANALYSIS
,
Plat subdivides Government Lot 133 into 5 lots. The lots range in size from 12,300
square feet to 32,300 square feet. The lots meet the development requirements for
the suburban residential zone.
This plat dedicates a thirty-three-foot right-of-way along Kaknu Street and a thirty-foot
right-of-way along Baker Street. In addition a fifty-foot right-of-way easement exists
along Baker Street. This ROW easement along Baker Street limits development of Lot
5 and Lot 3 as no structures may be constructed in the easement and the building
setback must be measured from the easement. Lot 5 is a corner lot and is subject to
25-front setbacks along Baker and Kaknu Streets. Lot 5 in affect becomes severely
limited in use.
Lots 2 and 3 are flag lots. No structures may be built in the flag and the building
setback is measured from the lot line where Lot 2 meets Lot 1 and where Lot 3 meets
Lot 4 and 5.
Water and sewer are available to the lots from Kaknu Street. Service lines can be run
to the lots. Kaknu Street is developed providing access to the lots. An installation
agreement will not be needed.
To: Planning & Zoning Commission
Date: June 11, 2003
STAFF REPORT
Res- PZ03-26
Revised
GENERAL INFORMATION
Applicant:
Integrity Surveys
605 Swires Road
Kenai, AK 99611
283-9O47
Requested Action'
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land' Use Plan:
Preliminary Plat
Shankel Subdivision - A subdivision of Government Lot
133
1402 Kaknu Way
04515307
RS - Suburban Residential
Vacant
Medium Density Residential
ANALYSIS
'The ~ewly submitted preliminary plat vacates the 50-foot right-of-way easement as
recommended by staff. No other changes are noted on the plat. With this vacation,
development of Lot 5 is no longer restricted other than the double front setbacks.
RECOMMENDATIONS
'R~commend approval if 50-foot right-of-way easement is approved.
agreement will not be required.
An installation
,ATTACHMENTS'
1. Resolution No. PZ03-26
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ03-26
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION
PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS'
WHEREAS, the attached plat Shankel Subdi..vision was referred to the City of
Kenai Planning and Zoning Commission on June 12, 2003, and received from
Inte.qritv Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds'
1. Plat area is zoned RS - Suburban Residential
said zone conditions.
and therefore subject to
2. Water and sewer' Available
3. Plat does not subdivide property within a public improvement district
subject to special assessments. There is not a delinquency amount owed
to the City of Kenai for the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES.
a. Contingent upon 50-foot right-of-way being vacated.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE SHANKEL SUBDIVISION
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, June 25, 2003.
CHAIRPERSOI~I.: ._~~ ....
ATTEST' '~' '~'~'" '' · ' '~
, / L~/,L~,'. ~. ,. ',"~
~ _j Yes
[Hammelman Yes : Goecke
MOTION PASSED UNANIMOUSLY.
PZ03-26--Preltmlnary Plat - Shankel Subdivision.
Integrity Surveys, 605 Swires Road, Kenai, Alaska.
Plat submitted by
Goecke indicated, this item was added to the agenda at the beginning of the meeting.
City Planner Kebschull reviewed the information added to the agenda and noted, when
the city made their initial analysis and presented the information to the surveyor, it
was stated it would not be recommended for approval without the 50' fight-of-way
vacation as it would strictly limit development of Lot 5 and felt it would be
unnecessary if a 30' right-of-way easement would be dedicated along Baker. After the
surveyor received those comments, a new plat was submitted with the vacation,
however it was not introduced as a revised plat because the original plat had not
formally been reviewed. The City Attorney determined, because the City had
advertised the plat and the name had not been changed, the Commission could
consider the vacation at this meeting. She added, nothing changed except the 50'
fight-of-way being vacated and Baker Street being a 30' dedication.
Bryson asked the source of the 50' right-of-way easement and Kebschull answered, it
was noted on the original plat of the Government Lot. She added, a 100' right-of-way
is not necessary in this area.
MOTION:
Commissioner Glick MOVED to approve PZ03-26 and Commissioner Amen
SECONDED the motion.
VOTE:
lEldridge Yes Amen Yes
Hammelman Yes BrTson Yes
G!ick
Goecke
Yes
Yes
MOTION PASSED UN~IMOUSLY.
ITEM 5: PUBLIC HEARINGS
,,,
PZ03-22~Condittonal Use Permit for Cabin Rentals - 130 Phillips
Drive (Lot 6, Block 8, Valhalla Heights Subdivision Part 3~, Kenai,
Alaska. Application submitted by Clinton & Delores Coltgan dba
Captain Bligh's Beaver Creek Lodge, P.O. Box 4300, Soldotna,
Alaska.
PLANNING & ZONING COMMISSION MEETING
JUNE 25, 2003
PAGE 3
TO:
FROM:
DATE:
RE*
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
· FAX 907-283-3014 ~
MEMORANDUM
Mayor and Council Members
Carol L. Freas, City Clerk
City of Kenai
August 28, 2003
Appeal of Planning & Zoning Commission Denial of PZ03-33, An
application to amend PZ02-43 to modify the Conditional Use Permit
for grooming to remove the fencing as required by the Board of
Adjustment. Application for property known as Lot 6, Block 2,
Spruce Grove Subdivision (I 802 4ta Avenue), Kenai, Alask~ Nancy
Henr/cksen d/b/a Groomingdales, 1802 4ta Avenue, Kenai, Alaska,
Appellant
A letter of appeal from NancY Henrickson was received on Thursday, August 28, 2003
in the above-referenced matter. A copy is attached for your information.
KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides,
(1) The Board of Adjustment shall set a date for and hold a hearing on
all appeals within thirty (30) days of the filing of the appeal. However,
should the thirtieth day fall on a weekend or a municipal holiday, the
hearing may be scheduled for the next following weekday which is not a
municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). Notice of the
time and place of such hearing shall be mailed to all parties interested
and to all property owners within 300 feet of the property involved at
least ten (10) days prior to the hearing.
Please set a Board'of Adjustment hearing for the above-referenced matter. The
hearing date limit falls on .Friday, September 26, 2003. The next regular council
meeting falling within the 30-day period is September 17. Certified notices must go to
property owners within 300 feet "...at least ten (10) days prior to the hearing."
**REMINDER: There were comments from council after the last more controversial
hearings that future hearings of more controversial nature should be held separate
from council meeting dates.
clf
RECEIVED
................................ _ ............................................... ~l..~...q.o~ ......
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
1992
TO-
FROM.
DATE.
RE:
Mayor and Council Members
Carol L. Freas, City Clerk
~.,,~., ~ ~
^u u,t 0o3
SPECIAL ASSE$$~~ PETITION-- SET NET DRIVE FROM VIP DRIVE
EA$T TO WA TER GA TE WA Y
On Monday, August 18, 2003, a Specie Assessment Petition was received in my office.
The petition requests paving of Set Net Drive from VIP Drive east to Watergate Way.
The petition appears to have sufficient signatures of property owners and description
of the requested improvement. A copy of the petition has been forwarded to City
Manager Snow. A copy of KMC 16 10 which describes the general provisions and
procedure is attached for your review and information.
Attachment
clf
August 15, 2003
Kenai City Council
210 Fidalgo Ave., Suite 200
Kenai, AK 99611-7794
Re: Special Assessment Petition
· 4UG 182m
To whom it may concem:
We, the property owners at V.I.P. Country Estates, have a Special
Assessment Petition that has been signed by 60% of the property
owners. Due to rough and dusty streets, we are requesting
improvements in paving Set Net Drive from VIP Drive east to Watergate
Way (two short blocks).
We were told that the funds are not available at this time, but when
they do become available, we want to be in line for the proposecl
improvements.
Thank you,
Property Owners at Set Net Ddve
Encl: Special Assessment Petition
/bd
16.10.010
Chapter 16.10
PROCEDURE
Sections:
16.10.010
16.10.020
16.10.030
16.10.040
16.10.050
16.10.060
16.10.070
16.10.080
16.10.090
16.10.100
16.10.110
16.10.120
16.10.130
16.10.140
16.10.150
16.10.160
16.10.170
16.10.180
City Manager action.
Preliminary assessment roll.
Setting of public hearing on
improvement district.
Notice of public hearing on
improvement district.
Written objections.
Public hearing on improvement
district.
Council action.
Assessment roil.
Setting hearing on assessment
roil.
Notice of public hearing on
assessment roll.
Public hearing on assessment
roll.
Correction and determination
of assessment roll.
Resolution confirming
assessment roll and fixing
payment.
Payment.
Notice of payment.
Objection and appeal.
Reassessment.
Supplemental assessment.
16.10.010 City Manager action.
'The City Manager shall, within sixty (60) days
after the filing of the petition or passage of the
resolution, make a survey of, anti report on, the pro-
posed improvement to the City Council concerning
the need for, the desirable scope of, and the estimat-
ed cost of the proposed improvement, prospective
grants that might be secured to assist in payment for
the improvement, recommendation as to grant appli-
cation, and the recommended percentage of the
improvement plan cost to be assessed against the
~)property benefited. The report shall contain a de-
308
scription defining the district and the propemes to
be assessed and showing the desirable scope of the
proposed improvemem. The proposed improvement
district may be defined by:
(a) Metes anti bounds description; or
(b) By a designation of the benefited properties to
be assessed by lot, block, and subdivision.
(Ord. 791)
16.10.020 Preliminary assessment roil.
Wittfin thirty (30) days a2ter consideration b,~'
the Council of the survey and report, the City Man-
ager will prepare and file with the City Clerk a pre-
liminary assessment roll for the proposed improve-
ment. This preliminary assessment roll will include
the name of the recorcl owner, a brief clescnpUon or
designation of the property, and the estimated
amount to be assessed against the property. (Ord.
79~)
16.10.030 Setting of public hearing on
improvement district.
Within thirty (30) days after the presentation of
the preliminary assessment roll by the City Manag-
er, the Council shall by resolution set a date within,
sixty (60) days after the date of setting for a public
hearing .on the proposed improvement. (Ord. 791)
16.10.040 Notice of public hearing on
improvement district.
Prior to the date of hearing, the City Clerk shall
publish a notice at least once a week for four (4)
consecutive weeks in a newspaper of general circu-
lation distributed within the municipality. This no-
rice shall include a summary of the improvement,
the designation of the properties to be assessed in
the local improvement district, the purpose of the
public hearing, the time and place fixed for the
public hearing, the fact that a preliminary assess-
ment roll is on file with the City Clerk, and infor-
mation as to the manner and method of making
written protest or objection to the action to be taken.
The City Clerk shall also send notice by mail to
every record owner of property within the proposed
local improvement district at least fifteen (15) days
16.10.040
prior to the public hearing which, in addition to the
information contained in the published notice, shall
include a designation of the addressee's property to
be assessed and the estimated cost to be assessed
against such property. (Ord. 791)
16.10.050 Written objections.
Objection to the improvement plan may be filed
in writing with the City Clerk until, but not on, the
date of public hearing. The City Clerk shall present
to Council at the time of the heating, all objections
fried in writing. (Ord. 791)
16.10.060 Public hearing on improvement
district.
At the time and place noticed, the Council shall
hold a public hearing upon the necessity for the
proposed improvement. The Council shall hear all
interested persons favoring or opposing the proposed
improvements and shall consider all written objec-
tions filed. (Ord. 791)
16.10.070 Council action.
After the public hearing is closed, the Council
may increase or decrease the scope or value of the
improvement, or may delete from the proposed
improvement district properties not benefited by the
improvement or add properties which would be
benefited and shall adopt a resolution directing
continuation or termination of the modified im-
provement district. No change may be made result-
ing in an improvement district objected to by own-
ers of properties bearing fifty percem (50%) or more
of the estimated cost to be borne by the property
owners except with the approval of at least six (6)
members of the Council. The resolution directing
continuation shall find that the improvement is
necessary and of benefit to the properties to be
assessed, and that it is not objected to by owners of
properties bearing fifty (50) percent or more of the
estimated costs to be borne by property owners or,
in the alternative, that it has been approved by at
least six (6) members of the Council. The findings
of the Council are conclusive. The resolution shall
further require that an account be kept of all costs
of the improvement and that after all costs a,
known the City Manager shall prepare an asses,..
ment roll for the improvement. The resolution shall
state the estimated percentage of the costs of the
improvement to be assessed against the benefited
pmpemes. (Ord. 791)
16.10.080 Assessment roil.
After the improvement has been completed and
the costs of the improvement computed, the City
Manager shall prepare and file with the City Clerk
an assessment roll for the assessment district. The
assessment roll shall contain, as to each property to
be assessed, a brief description or designation of the
property, the name of the record owner of the prop-
e rty to be assessed, and the amount to be assessed
against the property. The person in whose name
property is listed on the municipal property tax roll
as owner is conclusively presumed to be the legal
owner of record. If the owner is unknown, the as-
sessment may be made against the "unknown own-
er." (Ord. 791)
16.10.090 Setting hearing on assessment
roll.
After the assessment roll is ~ed. the Council
shall fix the time and place for a public heanng on
objections to the assessment roil. (Ord. 791) '
16.10.100 Notice of public hearing on
assessment roil.
Notice shall be given for the public hearing on
the assessment roll as prescribed in KMC 16.10.040.
The notice to be published shah include a summa~
of the improvement, the designation of the proper-
ties to be assessed in the assessment district, the
purpose of the public hearing, and the time and
place fixed for the public hearing. The notice by
mail, in addition to the information contained in the
published notice, shall include the amount of the
actual assessment against the property owned by the
addressee. Each notice by mail shall generally in-
form the property owner of the manner and method
of protesting or objecting to the action to be taken
at the public hearing. (Ord. 791)
309
16.10.180
(c) Billings and payments on a supplemental as-
sessment shall be kept separate from the initial
assessment. Supplemental assessments may
have payment terms and due dates different
from the initial assessment.
(d) More than one supplemental assessment may
be allowed.
(e) The sum of all supplemental assessments in
any one assessment district may not exceed
twenty percent (20%) of the initial approved
assessment roll.
(Ord. 1180)
311
Funny River Emergency Services
will dedicate their
New Fire Station
at
32530 Funny River Road
Thursday, September 11, 2003
at 2:00 pm
You are cordially invited to attend
Dedication & Reception following
Please RSVP
by September 5, 2003
262-2486 * 262-1837
Frank H. Murkowski, Governor
Division of Community Advocacy
P.O. Box 110809, Juneau, AK 99811-0809
Telephone: (907) 465-4750 · Fax: (907) 465-4761 · Text Telephone: (907) 465-5437
Website: www. dced.state.ak.us/dca/
.%-]
August 25, 2003
The Honorable Mayor John Williams
City of Kenai
210 Fidalgo Ave., St. 200
Kenai, AK 99611
RE: FY 04 TEMPORARY FISCAL RELIEF PROGRAM- NOTICE OF ENTITLEMENT
Dear Mayor:
On August 21, 2003, the Department of Community and Economic Development adopted permanent regulations
dealing with the distribution of funds to municipalities under the FY 04 Temporary Fiscal Relief Program. The
FY 04 Temporary Fiscal Relief Program replaces your municipality's FY 04 State Revenue Sharing and Safe
Communities payments. The regulations require that to be eligible for an allocation under the program, a
municipality must have been eligible for funding under the FY 04 State Revenue Sharing Program.
Each municipality will receive an allocation based upon its proportional share of the total payments made to all
municipalities in FY 03 under the State Revenue Sharing and Safe Communities Programs. Additionally, each
municipality is eligible to receive a minimum entitlement of $40,000. Initial allocations under the program will
be distributed at the end of September. Those municipalities that receive less than $40,000 in their initial
allocation will receive a supplemental minimum allocation in October or November to bring their total
allocation up to $40,000.
The Department has determined that your municipality is eligible for funding and your allocation has
been determined to be $151,892.95. In order to receive the payment(s), the Department must first receive your
municipality's FY 04 approved budget (FY 03 budget for municipalities operating on a calendar fiscal year) and
FY 02 audit or certified financial statement: So please check your records to make sure your budget and
financial report have been submitted as required.
You may submit a request for reconsideration of your municipality's determination or allocation. The request
for reconsideration must be in writing and include relevant evidence and authorities in support of your claim.
The written request must be received by the Department within 10 days after receipt of this notice.
Please call me at 907-4654733, should you have any questions.
Sincerely,
Bill Rolfzen
Program Adml~trator
"Promoting a healthy economy and strong communities"
CITY OF K.ENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
August 27, 2003
Dawn R. S. Hancock
Right of Way Agent
State of Alaska
P. O. Box 196900
Anchorage, AK 99519-6900
REe
ROW ID NO.' 313.008 - Kenai Spur Highway
Dear Ms. Hancock:
I read your certified letter to Mr. Doyle regarding his encroachments in the Kenai Spur
Highway fight-of-way. In that letter you demand he remove a fence and sign from the
right-of-way but agree to consider giving him a permit for placing flowers in the fight-of-
way.
The notations on the right-of-way map included with the letter appear to put the car wash
on the wrong side of Coral Street. The restaurant (formerly Little Ski-Mo's) is not at the
comer of Coral and the Kenai Spur Highway as the map indicates. I'm not sure how
accurate your calculations are since you've got some businesses at the wrong location.
I am glad to see that in a time when the state is cutting money to its senior citizens and
chopping education funding to unacceptable levels, the Department of Transportation and
Public Facilities (DOT) has sufficient funding to so zealously guard its right-of-way. Such
protection is especially appropriate when citizens such as Mr. Doyle go so far as to plant
flowers in the right-of-way in order to brighten its appearance.
I recognize the sarcasm of this letter might offend you, but I was offended by the nature of
your letter to Mr. Doyle. I can see making Mr. Doyle move the fence, but ordering him to
get a permit for temporary flower planters is absurd.
Dawn R. S. Hancock
August 27. 2003
Page 2 of '~
I think the DOT could stand to be a little more user friendly to the citizenry it is supposed
to work for.
Sincerely,
CITY OF KENAI
Mayor '
cc' Govemor Frank Murkowski
Commissioner Mike Barton (DOT and PF)
Senator Tom Wagoner
Representative Mike Chenault
Representative Kelly Wolf
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health care, regardless ofthe ability to pay. Funding for the Center is, irt part, from a
U.S. Bureau of Primary Health Care grant originally acquired by Healthy
Communit/es/Healthy People and Bridges Community Resource Network, Inc., and
now administered by Central Perfinsula Health Centers, Inc.
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A~.'.p¢n Dental' Health .C~nter inKenai' ' Thi's- pr0jedt repr'ese/its' a..maj0r ' "
'a¢.c0mplishment in ~.r6 .v<'dii~g quali~y'.dcri~al'c~e to ~.i~/resid¢iir$, r¢§arcl'~ss 0f their"
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.. ha¥¢ given tliis pr6je~-'~d"~k ~rou't0(b~?0ne o~tlie'.di~nitarie~ to curthe, ribbon to'
~ffi~i~ily opeh. th¢'C¢~tei-. The'rib. l~..h.m~g cercm6ny.will take Pla.'.~ ~.t 5 :'3.0 p,m.
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$EP-02-2003 TUE 02:38 PI~ KPEDD F~X NO,
}~(:,)Nf~MII' Di.'.vI, I.I)PMhNT [.)ISTRICT, INC.
ltl 1~4tNE55 INNOYA'J'ION CI'iN'I'~R
3'uosday, Sop{ember 2, 2003
Mayor John Williams
210 Fidnlgo Avenue
Kenai, AK 99611
D~ar llonomblo Mayor Williams,
'rhc IQ)l) h~s appreciated participation ~d support from tho City ofKenai membex~ of
tho Board.
lqeaso bo advised that Ready Daly a City of Kenai appointee has r~signed from the
E~onomio Development District Board of Directors effective August 29*, 2003, EDD is
requesting lbo City of I~onai make an appointment to complete his term that expires
December 31,2003.
I',:DD Articles of Incorpor~ion Article VI, Section 5, allow thc Board member to appoint
two (2) Directors, otto (1) of whom shall bo an elected official or employee ofthat city.
Board appointments nm for throe (3) years. The term ror the now appointco would
co,rancher on tl~c date approved by thc council and would expire on D~eember 3 l"t,
2003.
Pica.so contact mc if you have ariy questions. I would appreciate a response from you as
som~ as possible. Tiao noxt board of directors meeting will bo $opt~mbor 18u~, 2003 at
12:noon.
Sincurely, ·
K onai Peninsu la.Borough Economic Development District, ho.
l)oo Gaddis
Adn)i~istrativo & l~'inanca Coonlinator
linc: Al ticlus of lncorporaiion Article VI, Section 5.
i.i.~9~1 KF. NAI ,gPIIR [IWY, RIIITR 103.A, KENAI, AK 996I 1.77~6
PIIOiqF.: 9(J712#~.~_I~ I~AX: 9O7~g~.~lgJlt
ARTICLF. Vl
BOAI{D OF DIRECTORS
.S,..q.ction ~. The aflkirs of thc Corporation shall be man,ged by the
Board ol'l)i rectors, except as provided in these Articles,
See, tio~ e;
The Initial Board of Dircctors shall be:
~AM~'~ _ADRESS
1);maid E. Gilman
Mayor, Kc~ud Peninsula Borough
]~ N. Binldey Street
Soldoma, AK ~9669
John J. Willia~ns
Mayor, City of Kenai
210 Fidalgo
Kenai, A K/)0611
l)oily Farnsworth
Mayor, City of Soldotna
P. O. Box *-,09
Soldotn~, AK 99669
,rohn Calhoun
Mayor, City of IIomcr
t,91 F_.. Pioneer
l Iomer, AK 99603
! larry Giesler
Mayor, City of Scward
]5ox 167
Seward, AK 9966~
¢;erald Willard
Mayor, City of Seldovia
P. O, Drawer B
Seldovia, AK 09663
Who shall mauage the affairs of the Corporation until the Board of Director's are
chost:~ i~ accordance with thesc Articles.
' ~.c~..tj.'.o_n s. Tim Initial Board of Directors shall meet within twenty
(90) days of'tho, date of incorporation to elect a Secretary, adopt Bylaws, and set the date
of tl~, first regular meeting of the Board of Directors. The Secretary to the Initial
Board oft)ircctors shall certif~r the action of the Initial Board adopting Bylaws and
contin~e in ollke until replaced by ~n election ~ set out in the BThws.
.,q.c. ctim~ 4,. The ntmxber of I)irectors appointed to the Board of
llirectors shall t~ot be leas titan eleven (11) nor more than sixteen (16).
~.e.?..! ion 5. Eaclt city member, except for tl~e City of Seldovia and
l~,chemalt City, slmll appoint two (2) Directors, one (l) ofwhom shall be an elected
official or et~q)loyee of that city. 'the City of Seldovia and Kachemak City shall appoint
o,~e (!) elected olticial or e~nployee to be a Director
I,;Di~ A~ licit..,, of lnct,'poratio.
Page ii of 6
CITY OF KEN/
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
MEMORANDUM
TO:
FROM' ('/~'
DATE:
Commission and Committee Members
Cary R. Graves, City Attorney
August 27, 2003
Commission and Committee Powers
The Council asked me to write a memorandum regarding the powers of the various city
commissions and committees (hereinafter "commissions"). KMC 1.90 outlines the standard
procedures for them. The general procedures apply unless there are specific code sections
regarding the commission.or committee that specify otherwise. KMC 1.90.020(a) states that
commissions and committees "shall act in an advisory capacity to department heads within the
City Administration." (Emphasis added.) KMC 1.90.050 states, "All acts of boards,
commissions and committees are subject to the paramount authority of the City Council."
The impetus behind this memorandum was a move by a Commission Chair to independently go
out for and craft a request for proposals for management of a city facility. In that case, it
appeared the Commission Chair intended for the commission to bypass the City Council and
Manager and do its own process for the selection of management of the facility. Such a process
clearly exceeded the scope of the intended powers of a commission.
Of the various commissions, the one with primary independent authority is the Planning and
Zoning Commission. That commission has independent authority under AS 29.40 and KMC
14.05.010 for the determination of various zoning issues such as granting of variances or
conditional use permits. Those decisions, however, are still subject to appeal to the City Council
acting as the Board of Adjustment and then the Superior Court. In other areas, that commission
acts only in an advisory capacity to the city and borough.
The other commissions act almost exclusively as advisory bodies. They, subject to council
approval, adopt master plans for the physical development of facilities and some of them (e.g.
Library, and Parks and Recreation) also make advisory recommendations as to hiring of a
department head. The duties of the various commissions are in the code as follows' 1) Planning
and Zoning~KMC 14.05.010; 2) Harbor~KMC 11.10.010; 3) Library~KMC 1.57.010; 4)
Commission and Committee Members
August 27. 2003
Page 2 of 2
Parks and Recreation~KMC 19.05.010; 5) Airport~KMC 21.25.010; 6) Beautification~KMC
1.90.020 and 7) Council on Aging~KMC 1.90.020 and Article VI of its Bylaws.
Copies of the various code sections are attached for your review. Please feel free to let me know
if you have any questions.
CRG/sp
Attachments
cc:
Linda L. Snow, City Manager
1.90.010
Chapter 1.90
STANDARD PROCEDURES FOR BOARDS,
COMMISSIONS AND COMMITTEES
Sections:
1.90.010
1.90.020
1.90.030
1.90.040
1.90.050
1.90.060
Creation.
Duties.
Qualifications.
Terms.
Proceedings.
Specific requirements of boards,
commissions and committees.
1.90.010 Creation.
All boards, commissions and committees created
by the Council of the City, of Kenai, shall consist of
seven (7) members who shall be nominated by the
Mayor and confirmed by the City Council from ap-
plications submitted to the Citv Clerk. A chairman
and vice-chairman shall be Selected annually and
.~ shall be elected from and by the appointed members.
? The Mayor and one Council Member elected by the
Council as ex-officio members and as consultants of
any board, commission or committee, may attend all
meetings, but shall have no voting power on the
board, commission or committee. A member of
Council or City administrative staff shall attend all
meetings of boards, commissions and committees
and supply staff support.
1.90.020 Duties.
(a) Members of boards, commissions and commit-
tees shall be required to establish policies relat-
ing to their respective organization. They shall
act in an advisory capaci~, to department heads
within the City Administration if there are such
departments in the City organization that di-
rectly relate to the board, commission or com-
mittee.
(b) If the board, commission or committee has in-
come stated within the City of Kenai annual
budget, said board, commission or committee
shall work with the City Manager to establish
expenses projected for the year for approval by
the City Council.
1.90.030 Qualifications.
(a) A member ora board, commission or committee
must be a resident of the City of Kenai, unless
the board, commission or committee is specifi-
cally exempted by Council from this require-
ment. The member cannot be an officer or em-
ployee of the City of Kenai. If any member
should move his residence from the corporate
limits of the City of Kenai (if applicable), is an
officer or employee of the City of Kenai, or shall
be elected or appointed as an officer or em-
ployee of the City of Kenai, the service of such
member shall terminate immediately. He should
be aware that he will serve without salary, but
will be reimbursed for ali reasonable expenses
incurred in connection with this service, only af-
ter approval by Council.
(b) The Beautification Committee, and Harbor, Li-
brary, and Parks and Recreation Commissions
may at the discretion of the Council have up to
two non-resident members each. (Ord. 1948-
2002)
1.90.040 Terms.
(a) A member of a board, commission or committee
shall serVe for a term of three (3) years, unless
the board, commission or committee is specifi-
cally exempted by Council from this require-
ment. At renewal date, the Mayor, with consent
of the Council, can reappoint the member or
recommend a replacement.
(b) The terms of the initial board, commission or
committee member shall be staggered so that
three (3) members will be appointed for one
year; two members will be appointed for two
years' and two members will be appointed for
three years. Terms shall commence on January l
of each year.
1.90.050 Proceedings.
(a) All boards, commissions and committees will
have regularly scheduled meetings which shall
(Kenai 9-7-02) 32
1.90.050
be open to the puolic. 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 per-
son. All acts of boards, commissions and com-
mittees are subject to the paramount authority of
the City Council.
(b) If the commission, committee or board member
shall be absent from more than one-half of ali
the meetings of his/her committee, commission
or board, regular and special, held within any
period of three (3) consecutive calendar months,
he/she shall thereupon cease to hold the seat.
(Ord. 1610-94)
(c) In all matters of parliamentary procedure,
Robert's Rules of Order as revised shall be ap-
plicable and govern all meetings, unless as
specified in KMC 1.15.060 motions: KMC
1.15.100, speaking; and KMC 1.15.110, voting.
(d) The responsibility of insuring that all members
of boards, commissions and committees receive
a copy of the Standard Procedures of Boards,
Commissions and Committees lies with the City
Clerk.
1.90.060 Specific requirements of boards,
commissions and committees.
Requirements of boards, commissions and com-
mittees as set forth in KMC 1.90 are general re-
quirements and shall be followed to the extent that
they do not conflict with specific requirements found
in code sections specifically pertaining to individual
boards, commissions and committees. (Ords. 1223,
1239)
33
(Kenai 9-7-02)
Chapter 14.05
PLANNING AND ZONING COMMISSION
Sections:
14.05.010
14.05.020
Duties and powers.
Fees.
14.05.010 Duties and powers.
(a) The Commission shall be required to perform
the following duties:
(1) Review and act upon requests for vari-
ance permits, conditional use permits,
planned trait residential development
permits, and other matters requiring con-
sideration under the Kenai Zoning Code.
(2) Interpret the provisions of the Kenai
Zoning code and make determinations
when requested by the Administrative
Official.
(3) Review the City of Kenai Comprehensive
Plan on an annual basis and conduct a
minimum of one public hearing. Said
reco~end~o~ shall be forwarded to
the Council for consideration.
(4) Promote public interest and understanding
of comprehensive planning, planing,
zoning, land management, and other
issues relating to community planning
and development.
(5) Proposed plans for the rehabilitation or
redeVelopment of any area or district
(6). Perform historic preservation reviews and
duties as set froth in KMC 14.20.105.
(b) The Commission shall act in an advisory ca-
pacity to the Kenai City Council regarding the
following matters:
(1) Kenai Zoning Code and Official City of
Kenai Zoning Map amendments.
(2) City and airport land lease or sale peti-
tions.
(3) Capital Improvements Programming. The
Commission shall submit annually to the
Council a list of recommended capital
14.05.010
impwvements which, in the opinion of
the Commission, are necessary and desir-
able to be Constructed during the forth-
coming three-year period. Such list shall
be arranged in order of preference, with
recommendations as to which projects
shall be constructed in which year.
(c) '1~¢ Commission shall act in an advisory ca-
pacity to the Kenai Peninsula Borough Plan-
ning Commission regarding the following mat-
ters:
(1) Subdivision Plat proposals.
(2) Right-of-way and easement vacation
(3) City of Kcnai Comprehensive Plan
amendments.
(KMC 14-3; Ords. 155, 403, 1018, 1161, 1179,
1892-2000)
14.05.020 Fees.
In order to defray the expenses connected with
the consideration of applications for variances and
conditional use permits, the person presenting the
application shall pay to the City Clerk a fee in the
amount of one hundred dollars ($100.00). A fee in
the amount of one hundred dollars ($100.00) shall
~mpany an application for amendment to the
Kenai Zoning Code or Official Map. Whether an
application is granted or denied by the Commission,
the petitioner or applicant shall not be entitled to the-
return of the fee paid. (KMC' 14-11; Ords. 403, 954,
1161, 1179)
233 (~=~i 4-7-01)
11.10.010
Chapter 11.10
HARBOR COMMISSION
Sections:
11.10.010
Duties and powers.
11.10.010 Duties and powers.
(a) The Commission shall be required to do the
following:
(1) Develop, adopt, alter, or revise, subject to
approval by the City Council, a master
plan for the physical development of
harbor or port facilities for the City. Such
master plan with accompanying maps,
plats, charts, descriptive, and explanatory
matter, shall show the Commission's
recommendations for the development of
the City Harbor facilities may include,
among other things:
(i) development of the type, location,
and sequence of all public harbor
facilities;
(ii) the relocation, removal, extension, or
change of use of existing harbor
facilities;
(2) Submit annually to the City Manager and
Council, not less than ninety (90) days
prior to the beginning of the budget year,
a list of the recommended capital im-
provements which, in the opinion of the
Commission, are necessary or desirable to
be constructed during the forthcoming
three (3) year period. Such list shall be
arranged in order of preference, with rec-
ommendations as to which projects shall
be constructed in which year.
(3) Make investigations regarding any matter
related to City harbor facilities, tide or
submerged lands. Make recommendations
to the Council relative to the care, con-
trol, and development of tide and sub-
merged lands.
(4) Act in the capacity as directed and autho-
rized by a tidelands ordinance adopted b~
the City.
(5) Review all City leases of City-owned
tide, submerged, and lands or navigable
waters within the City, and as to the
planned improvements proposed and
make recommendations to the City Coun-
cfi.
(6) Make and prepare reports and plans for
approval by the City Council.
(7) Coordinate public efforts, individual and
group, to the effecmation of approved
plans.
(8) Shall act in advisory capacity in the se-
lection, of a Harbor Director should such
a position be created by the City Council.
(Ords. 474, 1161, 1802-98)
Chapter 1.57
LIBRARY COMMISSION
Sections:
1.57.010
1.57.020
Duties and powers.
Library regulations.
1.57.010 Duties and powers.
The Commission shall be required to do the
following:
(a) Develop, adopt, alter, or revise subject to ap-
proval by the City Council, a master plan for
the physical development of library facilities
for the City;
(b) Submit annually to the City Manager and
Council a list of recommended capital and
other improvements in regards to the library;
(c) Make recommendations regarding any matter
related to library service;
(d) Serve as the liaison between the public and the
City Council in regards to library service;
(e) Work closely with the Kenai Community Li-
brary Board for the betterment of the Kenai
Community Library;
(f) Shall act in an advisory capacity in the selec-
tion of the City Librarian.
(Ords. 852, 1161, 1802-98)
1.57.020 Library regulations.
The Library Regulations shall be as listed under
the regulations section in the Kenai Code, Supple-
ment #18, 'adopted on September 20, 1982, and all
future updates. (Ords. 852, 1161, 1802-98)
1.57.010
21 (Kemi 5-21-99)
19.05.01C.
Chapter 19.05
PARKS AND RECREATION COMMISSION
Sections:
19.05.010
19.05.010
19.05-030
19.05.040
19.05.050
Creation.
Duties and powers.
Terms and appointments to
vacancies.
Qualifications of Commission
members.
Proceedings of Commission.
19.05.010 Creation.
(Ord. 416, repealed 1161)
19.05.010 Duties and powers.
The Commission shall be required to do the
following:
(a) Develop, adopt, alter, or revise subject to ap-
proval by the City Council, a master plan for
the physical development of recreation facilities
for the City. Such master plan with accompany-
ing maps, plats, charts, descriptive, and explan-
atory matter, shall show the Commission's
recommendations for the development of the
City's recreation facility may include, among
other things:
(1) Development of the type, location, and
sequence of all public recreation facilities;
and
(2) The relocation, removal, extension, or
change of use of existing recreation facili-
ties.
(b) Submit annually to the City Manager and
Council, not less than ninety (90) days prior to
the beginning of the budget year, a list of rec-
ommended capital improvements, which in the
opinion of the Commission, are necessary or
desirable to be constructed during the forth-
coming three (3) year period. Such list shall be
arranged in order of preference, with recom-
mendations as to which projects shall be con-
stmcted in which year.
(c) Make invesUgations regarding any matter relat-
ed to City recreation.
(d) Make ana prepare reports and plans for approv-
al by the City Council.
(e) Shall act in advisorv capacity in the selection
of a Director of Parks and Recreation.
(Ords. 416, 1161)
19.05.030 Terms and appointments to
vacancies.
(Ords. 416, 430, repealed 1161 )
19.05.040 Qualifications of Commission
members.
(Ords. 416, 619, repealed 1161 )
19.05.050 Proceedings of Commission.
(Ord. 416, repealed 1161)
353
Chapter 21.25
AIRPORT COMMISSION
Sections:
21.25.010
21.2&020
21.2~.030
Duties and powers.
Qualifications.
Membership.
21.25.010 Duties and powers.
The Commission shall:
(a) Develop, adopt, alter or revise, subject to ap-
proval by the City Council, a master plan for
the airport development. This may include:
(1) Development of type, location and se-
quence of all airport terminal facilities;
(2) Development and use of all airport aero-
nautical lands.
(b) Observe, oversee and guide in an advisory
capacity, any matters relating to use of airport
runways, airport terminal, and airport aeronauti-
cal lands.
(c) Act in an advisory capacity to the Council and
the Airport Manager.
21.25.020 Qualifications.
Members of the Airport Commission will con-
form to the requirements of the City of Kenai
Boards, Commissions, and Committees Standard
Procedures as established by KMC 1.90, except that
members of the Airport Commission need not be
residents of the City of Kenai. (Ord. 1531-93)
21.25.030 Membership.
The Commission shall comprise of seven (7)
members who shall be chosen so as to represent
broadly the following areas:
(a) One member, fixed base operator (FBO)
(b) One member, lessee of airport aeronautical
lands or terminal facility.
(c) One member, with expertise in Federal Avia-
tion Administration functions.
(d) One member, representing the Civil Air Patrol.
(e) Three members, at-large, representing the busi-
ness and professional community.
21.25.010
(f) One non-voting member, representing ad ho.:
member of the Kenai City Council.
(Ord. 15 31-93)
381
ANTI l~I.r[.~".~ f'~F PRO~T~II~I~. F~I~
KR1V~, I. AL~~,~
,,
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
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.
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
19'92
TO:
FROM'
DATE:
RE:
Mayor and Council Members
Carol L. Freas, City ~/~ry. ~//
August 27, 2003
OCTOBER 7, 2003 CITY GENERAL ELECTION
Election Board Approval
Following are the people who have agreed to work on the Election Boards for Precincts
1, 2, and 3 in the City of Kenai.
Kenai No. 1, 33/710 Kenai No. 2, 33/720 Kenai No. 3, 33/730
Andrea Wohlers, Chair Margaret Morris, Chair Kari Mohn, Chair
Ruth Haring Nancy Ganter Mary Troy Castimore
Marcia Heinrich Judy McDonald Clifford Heus
Pauline Spaulding Carmen Smith Kathleen Heus
June Harris, Alternate Min§hoh Mannausau, Alternate
KMC 6.05.040 states the City Council appoints the members of the election board.
Does Council wish to appoint these persons as election board members for the
October 7, 2003 City of Kenai/Kenai Peninsula Borough election?
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
SEPTEMBER 3, 2003
,
.
8 / 25 / 03 Public Works Department, Project Status Report.
9/03 Challenger Learning Center of Alaska, The Mission Link.
Prejeet status Report
A/NC/F/ CityCentaet PrejeetName
sill
A JL
Airport Security Fencing
A=Active
NC=Non-Construction
F=Future
STIP=State Trans. imp
Status
Met with engineers.
KK - Keith Komelis
JL- Jack La Shot
RS - Robert Spdnger
MK - Madlyn Kebschull
Jet- Jan Taylor
KK Basin View LID
North Star completed project including topsoil and
seeding. Conduit in for HEA crossings. Still
negotiating on HEA relocation costs.
KK
Bridge Access W & S Feasibility
Study
Wince-CorthelI-Bryson has just about completed
this project. We increased the scope to include
preliminary design work. The project cost
(including the increase) is split DEC/EDA.
Extending contract to October 31, 2003. W CB is
evaluating different routes.
A
JL/RS
City Hall HVAC
Documents complete.
MK
Comprehensive Plan
Scheduled public hearing 9/3 & 17 with final on
11/5.
A
JL
Contaminated Soils- Shop
Work plan to be submitted. Received ranking for
loan fund - could be funded if City chooses to.
May apply for grant.
A JL
A JL
A JL
Daubenspeck Environmental
Site Assessment
FAA Site
Kenai AP ARFF/SRE Facility
Final report has been received. UST removal
report received and submitted to ADEC.
FAA has submitted final reports to ADEC.
Response will be included in Final Environmental
audit. Land transfer is then possible.
Working on project closeout. Breathing air
compressor installed.
Monday, August 25, 2003
Page 1 of 3
A/KC/F/ Pg'Oj9 Name Status
A KK Kenai Coastal Trail Corps has received funding for planning and
answering permitting questions on this project.
ADF&G Working in river. Rec'd status report
7/14/03 from Corps.
A JL
Library Improvements
Schematics complete - awaiting further direction.
A JL Maintenance Shop
Preliminary plans and specifications complete.
Grant funds to lapse in '04. Will see if grant can
be amended to do environmental.
A KK
McCollum & Aliak LID
This LID project has been approved by Council.
State Muni-Matching Grants Program has been
deleted. Project on hold until changes made or
funding found.
A JL Multi-Purpose Facility
Refrigeration
Venting estimated at approximately $30,000.
A KK
Pillars LID - Chinook Drive and
Sockeye Circle
Project has been completed. GCI damaged
seeding. Wairing on contractor's closeout
documents.
A JL
Runway Extension
Environmental Assessment
Met w/FAA on August 1. Must do needs
justification work.
A KK Schooner Circle LID
Alaska Roadbuilders has completed this project
including topsoil and seeding. Waiting on
contractor's closeout documents.
A KK Title 17 Review and W & S
Regulations
Working with Larry...Completed revisions to W & S
regulations. Adding a grease prevention
regulation.
a KK Toyon Way LID
Alaska Roadbuiiders has completed this project
including topsoil and seeding. Waiting on
contractor's closeout documents.
A JL Underground Storage Tank-
Airport
Extra soils removed and stockpiled. Report to
ADEC finished and submitted. May spread soils
on airport.
Monday, August 25, 2003
Page 2 of 3
KK
Pro Nm
Wastewater Facility Master Plan
Status
CH2M Hill has submitted the 95% draft report for
review. Extended project completion to October
31, 2003.
a KK
WH4
Looking at new sites for well. Looking west of
Beaver Loop Road at a site near sewer interceptor
line. Sent in five .permit applications just to ddil
exploratory well. Waiting on reply and go ahead to
ddll on State land. Alaska School Trust Fund
considering our request.
STIP KK
DOT- Bddge Access Pathway
Pathway along Bddge Access Road from K-Beach
to Spur 3.3 miles...Design FFY 02 & 03, ROW 04,
Utilities 06, & Construction 06 with total cost $4
million.
STIP KK
DOT- Kenai River Flats
Interpretive Site
This is the rest stop and BirCh Island Faciltiy near
the Warren Ames Bddge. Design 04, Utilities 06,
Construction 06. Total $1.9 million.
STIP KK
DOT- Kenai Spur Unity Trail
Pathway
Pedestrian/bike pathway along Kenai Spur from
MP 2.8 to 8.2. A status report has been requested
from DOT. We have not received a reply back
from DOT. However, Clarion reported ROW
problems have been resolved.
Monday, August 25, 2003
Page 3 of 3
Se tember 2003 Edition
Welcome to "The Mission Link", the newsletter of the Challenger Leaming Center of
Alaska (CLCA). It's been some time since these newsletters have gone out, so we Ve
updated them from fax to e-mai/format, and we hope you'//enjoy receiving these
monthly updates on what's happening at the Ted & Catherine Stevens Center for
Science & Technology Education in Kenai, Alaska.
As we complete the last-minute finishing touches on our expanded facility, our focus now
shifts from construction to developing CLCA's programs and utilizing our new state-of-
the-art building. We hope you'll consider becoming a volunteer, donor or partner with
CLCA as we serve as an inspiration and a resource to teachers and students in the
areas of science, math and technology education/.
Sincerely,
Sharon C. Gherman
CLCA Executive Director
NASA Starship 2040 Lands in Kenai Sep. 9; Earthlings Invited to
Tour During 4-Day Docking at Challenger Learning Center
Starship 2040,NASA's traveling space transportation exhibit designed to give
visitors a look into NASA's vision of human space flight as it might exist 40 years from
now---lands at the Challenger Learning Center of Alaska (CL CA) in Kenai, September 9
for a four-day visit.
The schedule for the exhibit is:
-Sept 9 -- 9 am-3 pm (school groups only*)
-Sept 10 -- 10 am-3 pm (school groups only*); $-6 pm, open to public
-Sept 11 -- 11 am-3 pm (school groups only*); 3-7 pm, open to public
-Sept 12 -- 9 am-3 pm (school groups only*); 3-5 pm, open to public
*Reservations are required for school groups, and currently all spaces are filled.
The traveling exhibit is a mockup of a futuristic space liner that travels inside a
48-foot tractor and trailer rig. The Starship shows a possible, practical result of NA SA's
goal to extend the duration and boundaries of human space flight to open up new
opportunities for exploration and discovery.
Admission to Starship 2040 is free. The exhibit is handicapped accessible.
The Challenger Learning Cen~r of Alaska will also be open ~orpub#¢ tours during
public viewing hours on September 9- 12.
Officials at NASA's Marshall Space Flight Center in Huntsville, Ala. - which
manages the exhibit- aro confident the experionce will send Alaskan visitors'
imaginations straight into orbit. "Passengers" board Starship 2040 and walk through
control, passenger and engineering compartments. Audio effocts- engine noises,
computer and crew voices - add to the realism of the experience.
While touring Starship 2040, visitors can talk with NASA experts staffing the
exhibit to learn about technologies now being investigated by NASA and its partner
organizations to increase the safety and reliability of space transportation systems while
dramatically lowering costs.
One of NASA's goals is to inspire current and future generations of young people
by encouraging students who want to be part of space exploration to gain a strong
understanding of science, mathematics and engineering.
The Starship 2040 visit to the Peninsula is being sponsored by CLCA~ Conoco
Phillips and Kenai Peninsula College.
Staff Changes at CLCA
There are new faces at CLCA these days:
Sharon Charnell Gherman is our Executive Director. She comes to us from the
Alaska Science & Technology Foundation, where she was Outreach
Administrator in charge of the ASTF K- 12 programs. You can reach her at
sharon, gherman~,,akchallenger, o~q.
Dawn Bailey is our VISTA volunteer. She comes to us from Atlanta, Georgia,
and is focusing on development and grant wrfting at CLCA. You'll hear her
'smiling' voice when you call the Center, and you can reach her at
da wn. baile ~/~ akchallenger, or.q.
We are currently advertising for a Lead Flight Director, and expect to have
someone on board in October. Job descriptions can be obtained from CLCA
(907-283-2000 or kath~'.iewell~,,akchallenger, or_o), and resumes must be mailed
or e-mailed by August 29, 2003 to be considered.
Challenger Learning Center Completes Construction of Phase il
If you haven't visited the CLCA in the last month, be sure to stop in the next time you're
in Kenai- our beautiful newly-expanded, state-of-the-art facility was completed this
summer, and we'd love to show you through it! The new addition to our building expands
our size to a total of 22, 000 square feet, and includes a large conference room,
commercial kitchen, student dormitories, as well as several additional offices and
classrooms (including a distance delivery broadcast station).
Construction is underway and will soon be completed on the Memorial Garden (a tribute
to the seven astronauts killed in the Challenger Shuttle disaster), and on installation of a
lightod sign near the highway.
In addition to our facility being available for student missions, camps and workshops,
keop us in mind when you plan your next con~oronce, meeting, or Party. In ~uturo
newsletter editions, we'll list the student missions and workshops available, as well as
corpor~to training workshops and missions o~ored at CLCA. Combining a workshop or
mission with. your organizational meetings is a great way to experience the Challenger
Learning Centor of Alaska! Contact Kothy Jewell, Events Coordinator at
kathY, ieweli~akchallenger, or.q for pricing and availability.
CLCA Phase II Construction Donors
We would like to thank the following sponsors for their wonderful donations to our
project:
Agrium- Kenai Nitrogen Operations
Alaska Industrial Hardware
Central Peninsula General Hospital
Enstar Natural Gas Company
Sadler's Home Furnishings
Roadside Sign
Workshop Equipment & Tools
Nurse Station Furnishings
Memorial Garden
Leather 3 pc. Living Room Set (2)
Support CLCA Through Your Donation
The Challenger Leaming Center of Alaska is a private nonprofit 501-C3 organization.
Your donations are tax-doductiblo -ploase see your t~x advisor £or specifics.
I'd like to support the Challenger Leaming Center of Alaska through my donation of:
$25. . ,, $50. $100.
__.__$250. $500. other (list)
My Name E-ma#:
Address:
I do
do not give CLCA permission to publish my name as a CL CA donor.
Thank you! You may mail your donation with the above information to the address
below, or call (907) 283-2000 to make a one-time or monthly donation via VISA or
MasterCard.
9711 Kenai Spur Highway, Kenai, AK 99611
(907) 283-2000 phone (907) 283.2279 fax www. akchailenger, org
Please send subscription changes, additions, or cancellations to dawn.baile¥~akchallen.qer, or.q
-_.. -
Control Allia,
GULF/PENINSULA REGIONAL OF , ,~.~_
Media Buy plan for City of Kcnai: .
_.
·
PSA's beginning 2no week of September running through October.
Radio Coverage beginning September 15t~ and running through October 8m
Print Coverage: Clarion Wednesday and Fridays September 15a through October 8th.
Milepost ~A page full color ad for 2004 guide.
All media coverage will include the names of restaurants affected by the ordinance and
some health information.
BRIDGES COMMUNITY RESOURCE NETWORK, INC. & THE STATE OF ALASKA DIVISION OF PUBLIC HEALTH
PATRICIA H. TRUESDELL, REGIONAL COORDINATOR · EMAIL: ptrues@ak, net
145 KASILOF AVENUE · SOLDoTNA, ALASKA 99669 · (907) 260-3682 · FAX (907) 260-3681
MAKE PACKETS
COUNCIL PACKET DISTRIBU'~ON
COUNCIL ~EET'ZNG DATE:
~o¥or/¢ouncil ~' Attorney ~ ~Fo¥1or/$prin~ter/Kebschull
Clerk ~ City Mono~er ~ Public Works
Police Deportment ~.,Finance ~' Engineer
Senior Center ~ Airport ~ Kim
Library ~ Porks & ~ecreotion ~ 'Clarion
Fi~e ~e~a~tment ~ Blaine ~ilman ~ Mellish
VISTA ~
A6ENDA D]:$TR]:BUT3;ON
Sewer Treatment Plant ,Streets
Shop Dock
Buildin~ Maintenance Animal Control
Wa?e~/Sewe~ Counte~
DEL]:VER
Council Packets to Police Department Dispatch desk.
The Clarion & 6ilman's Office will pick thei~ packet up at City Hall. The portion of the
agenda published by the Clarion should be emailed as soon as possible aftep Noon on
pocket day. The camera-ready agenda (c:/myfiles/document$/minute$/agenda form
for paper) is emailed to the Denise at Peninsula ~/arion (at email folder Work
Session/Special Meetings, o~ Composition in Contacts o~ Ibell~acsalaska.net). Home
Page documents (agenda, ~esolutions and o~dinances fo~ public hee~ing)a~e placed in
the Clerk's HTML file or emailed to the Clerk. Place them onto the city's website
with F~ont Page f~om the~'e as soon as possible befor'e leaving the office for' the
weekend.
Rick Ross
Carol Brenckle
Barry Eldridge
James Jenckes
Until October 7, 2003 Election, MAKE 29 PACKETS
KENAI CITY COUNCIL- REGULAR MEETING
SEPTEMBER 3, 2003
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kenai.ak.us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM D: ,pUBLIC HEARINGS
1. Ordinance No. 2009-2003/THIRD HEARING -- Approving and Adopting the
Comprehensive Plan for the City of Kenai and Recommending Adoption by
the Kenai Peninsula Borough.
2. Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better Describe
and Clarify the Meaning of "Contractual Services of a Professional Nature."
3. Ordinance No. 2013-2003 --Increasing Estimated Revenues and
Appropriations by $1,056,207 for Airport Grants.
4. Resolution No. 2003.44 -- Supporting Water Quality Monitoring of the Kenai
River Watershed.
!TEM H: OLD BUSINESS
ITEM I: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. * Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and
Appropriations by a Net of <$9,155> in Two Senior Citizen Funds.
4. *Ordinance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine the
Allowed Hunting Areas Within the City and Replace the Maps of Those Areas
With an Updated One.
5. Approval -- Petition to Vacate 20-Feet of the 50-Foot Right-of-Way
Easement Along the Easterly Boundary of Govemment Lot 133 as Recorded
in Book 30, Page 251 of the Kenai Recording District, All Within section 34,
Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of
Kenai and the Kenai Peninsula Borough; KPB File No. 2003-163 -- John M. &
Cynthia K. Shankel, Petitioners.
6. Discussion -- Schedule a Board of Adjustment Hearing for Appeal of
Planning & Zoning Commission Denial of PZ03-33, An application to amend
PZ02-43 to modify the Conditional Use Permit for grooming to remove the
fencing as required by the Board of Adjustment. Application for property
known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4th Avenue), Kenai,
Alaska. Nancy Henricksen d/b/a Gmomingdales, 1802 4th Avenue, Kenai,
Alaska, Appellant.
7. Discussion -- Special Assessment Petition/Set Net Drive From VIP Drive
East to Watergate Way.
EXECUTIVE SESSION -- Evaluation of City Attorney and City Clerk.
ITEM K: ADJOURNMENT
The public is invited to attend and participate. Additional information is available
through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our
website at http://www, ci.kenai.ak.us
Carol L. Freas, City Clerk D233/211