The URL can be used to link to this page

Home My WebLink About2003-09-17 Council PacketKenai City Council Meeting Packet September 17, 2003 AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 17, 2003 7:00 P.M., IMMEDIATELY FOLLOWING BOARD OF ADJUSTMENT HF. ARING KENAI CITY COUNCIL CHAMBERS htt~' //www. ci.kenai.ak.us 6:00 P.M. -- Council/Staff Meeting ,, Board of Adjustment Hearing, 7:00 P.M., Appeal of Planning & Zoning Commission Demal 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 Avenuel, Kenai, Alaska. Nancy Henricksen d/b/a Groomingdales, 1802 4th Avenue, Kenai, Alaska, Appellant. 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) Greg Getty-- Cemetery Donation ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND_ COUNC_r~__~ ITEM D: PUBLIC HEARINGS , Ordinance No. 2009-2003 (Fourth Public Heating) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. . Ordinance No. 2014-2003-- Decreasing Estimated Revenues and Appropriations by a Net of <$9,155> in Two Senior Citizen Funds. . , . , . ITEM E: , 2. 3. 4. 5. 6. 7. ITEM F: , ITEM G: 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. Resolution No. 2003-45 -- Adopting an Altemative Allocation Method for the FY04 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. Resolution No. 2003-46 -- Supporting Senate Concurrent Resolution 12, Acknowledging the Natural Unfairness in the Current Local Governmental Structure and Requesting the Local Boundary Commission to Present a Recom_mendafion for Borough Incorporation to the Legislature in Order to Formally Request Residents Living in Certain Unorganized Areas of Alaska to Help Operate and Financially Provide for Their Local School System. Resolution Bio. 2003-47 -- Transferring $22,500 in the Wellhouse No. 4 Capital Project Fund for Engineering Services. *Liquor License Transfer-- From Spencer Han, d/b/a New Peking Chinese Restaurant to Jennifer Lee, d/b/a New Peking Chinese Restaurant. *Application for Restaurant Designation Permit--Jennifer Lee, d/b/a New Peking Chinese Restaurant. COMMISSION/COMMI~EE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees ae Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games MINUTES *Regular Meeting of September 3, 2003. CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: . e . NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2016-2003 -- Increasing Estimated Revenues and Appropriations by/;3,882.90 in the General Fund for an Alaska Highway Safety Grant to Purchase a Mobile Data 3'ermmal. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION RE~RTS 1. City Manager . 2. Attorney 3. City Clerk ITEM L: DISCUSSION i lllllll 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT Z 0 o ~~o =~o i,i MAYOR'S REPORT SPETEMBER 17, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD TO: ADD TO: K-2, Attorney Report -- Estimate relatin§ to addin§ the Municipal Code to the city website. Information Item No. I -- CRG memorandum entitled, "Beach Parkin§ Fees and the 'Public Trust Doctrine.'" CITY ATTORNEY CITY MANAGER CONSENT AGENDA NO CHANGES. MAYOR'S REPORT AMElX Suggested by: Planning & Zoning Commi. 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 Waring 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. 201 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 .!1,915 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: (08/25/2003) hl Introduced: Adopted: Effective: September 3, 2003 September 17, 2003 September 17, 2003 Suggested by: Administration. 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 mending 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* / Firearms Allowed / Shotguns Only The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough for any errors on Ibis map assumes no responsibility Kenai Peninsula Borough GIS Division CITY OF KENAI *Also see State of Alaska regulations. N DECEMBER 23, 2002 Suggested by: Administration City of Kenai RESOLUTION NO. 2003-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY04 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN COOK INLET. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY03 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2002 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Community and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY04 funding available within Cook Inlet in agreement with all other municipalities in this area participating in the FY04 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 2002 of fisheries business activity in Cook Inlet. Alternative Allocation Method: The program total allocation shall be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other part according to population. Resolution No. 2003-45 Page Two 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 Approved by Finance: (9 / 09/2003) hl Suggested by: City Cot CITY OF KENAI RESOLUTION NO. 2003-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING SENATE CONCURRENT RESOLUTION 12, ACKNOWLEDGING THE NATURAL UNFAIRNESS IN THE CURRENT LOCAL GOVERNMENT~ STRUCTURE AND REQUESTING THE LOCAL BOUNDARY COMMISSION TO PRESENT A RECOMMENDATION FOR BOROUGH INCORPORATION TO THE LEGISLATURE IN ORDER TO FORMALLY REQUEST RESIDENTS LIVING IN CERTAIN UNORGANIZED AREAS OF ALASKA TO HELP OPERATE AND FINANCIALLY PROVIDE FOR THEIR LOCAL SCHOOL SYSTEM. WHEREAS, Article X, Section 1 of the Constitution of the State of Alaska encourages the formation of borough governments encompassing large, nature regions and the Alaska State Legislature has a duty under Article X, Section 3 of its Constitution to establish fundamental State policy regarding the formation of organized boroughs; and, WHEREAS, the initial State policy for borough formation was established by the Borough Act of 1961 and provided for the formation of boroughs through a voluntary "local option" process which was proven to be ineffective, causing the 1963 Alaska State Leg/slature to mandate the formation of boroughs encompassing 80% of Alaskans; and, WHEREAS, follOwing the implementation of the 1963 Mandatory Borough Act, the State of Alaska inexplicably reverted for the past four decades to the generally ineffectual policy of forming boroughs through voluntary means; and, WHEREAS, the State of Alaska imposes significant duties and financial obligations on organized boroughs and home-rule or first-class cities in the unorganized borough but does not do so for the remainder of Alaska; and, WHEREAS, the significant financial obligations imposed by the State on organized boroughs and home-rule or first-class cities in the unorganized borough are, in effect, a $165 million annual State tax levied selectively on the areas noted; and, WHEREAS, there is no reasonable basis, such as fiscal or administrative capacity, for the disparate treatment of Alaskans who live in organized boroughs and home rule or first class cities in the unorganized borough in comparison with the remainder of Alaskans' and, WHEREAS, Article 1, Section 1 of the Constitution of the State of Alaska provides that all persons are equal and entitled to equal fights, opportunities, and protection under the law, and that all persons have corresponding obligations to the people and to the state; and, Resolution No. 2003-46 Page 2 WHEREAS, the Local Boundary Commission determined in its February, 2003 report entitled "Unorganized Areas of Alaska that Meeting Borough Incorporation Standards" that a number of unorganized regions currently meet standards for borough incorporation; and, WHEREAS, Senate Concurrent Resolution 12 requires the Local Boundary Commission to consider borough incorporation for four (Upper Tanana Basin Model Borough, the Copper River Basin Model Borough, the Glacier Bay Model Borough, and the Chatham Region Model Borough) of the unorganized areas determined to meet borough incorporation standards; and, WHEREAS, formation of boroughs promotes maximum local self-government, equity, and fairness; and also relieves the State of the substantial burden of providing fundamentally local services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports Senate Concurrent Resolution 12 and urges the Second Session of the Twenty-Third Alaska State Legislature to pass SCR 12. 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 GARY WILKEN SENATOR Fairbanks Interim: 1851 Fox Ave. Fairbanks. Alaska 99701 Tel: 451-5501 (from Fbks) Tel: ('907) 465-3709 (outside Fbks) Fax: {907} 465-4714 During, Session: _ State Capitol Building Juneau. Alaska 9980 l- i 182 Tel: 451-5501 (from Fbks) Tel: (907) 465-3709 (outside Fbks) Fax: ¢907) 465-4714 Website: www. garywilken.com E-Mail: Senator. Gary. Wilken @legis.state.ak.us Mr. John Williams, Mayor City of Kenai 210 Fidalgo Ave., Ste. 200 Kenai, A~ Dear ~illiams, 20, 2003 I respectfully request your consideration and formal written support for Senate Concurrent Resolution 12, Borough Incorporation: Unorganized Areas, sponsored by me and eight Senate co-sponsors. One of my biggest surprises since being first elected to the Alaska State Senate in 1996 was the realization that some areas of our state, even with the capacity to do so, do not financially support their local Public school system. While residents living in organized boroughs and home rule or first class cities within the unorganized borough are required to operate and help fund their public school system, citizens residing in unorganized Alaska have no such requirement, even if the area has the financial resources necessary to help. This inherent inequality among Alaskans concerns me. . Senate Concurrent Resolution 12 acknowledges the natural unfairness in our current local governmental, structure and offers a possible solution. As noted, existing state law imposes significant obligations on organized Alaska while no corresponding duties are imposed on the remainder of Alaska. Unfortunately, there is no reasonable basis in law to distinguish between Alaskans who are required to accept these obligations and those Alaskans who are not. Our suggested solution, embodied in SCR 12, sets in motion a process to formally ask residents in the unorganized borough, "Can you help?" The Local Boundary Commission determined in its February 2003 report, Unorganized Areas of Alas~ that Meet Borough Incorporation Standards, that seven unorganized areas meet current standards for borough incorporation, including Proudly Representing the Golden Heart of Alaska Request Support for SCR 12 August 20, 2003 Page 2 the necessary fiscal and administrative capacity to conduct borough functions. Four of these seven areas have a significant number of residents who are not required by the state to help operate or support their local schools. SCR 12 requests the Local Boundary Commission to analyze the capacity for borough incorporation for these four areas: Upper Tanana Basin Model Borough, the Copper River Basin Model Borough, the Glacier Bay Model Borough and the Chatham Region Model Borough. The resolution further requests the LBC to present a recommendation for borough incorporation to the legislature for each model borough listed above that meets applicable borough incorporation standards. Through this process a thorough and complete analysis of the economic and social strength 'of each unorganized area will be undertaken to determine whether the residents of each area can govern themselves and, in the process, help support and fund their local neighborhood school system. Now is the time to formally ask residents living in unorganized Alaska to help operate and financially .provide for their local school system. SCR 12 is the first step in this process and I respectfully ask for your formal support. Enclosed is some background information that further explains SCR 12 and the impacts of the current system on residents living in organized Alaska. Thank you for your serious consideration of this request. If you have any questions, please call me at 907-451-5501. I would be very happy to discuss SCR 12 in greater detail at your convemence and I .respectfully. look forward to your support. /~~, rely, Gary Wilken Senator, Fairbanks Enclosures: 10 11 12 13 14 15 16 .~23~LS 1026~D SENATE CONCURRENT RESOLUTION NO. 12 .. IN THE-LEGISLATURE OF THE STATE OF ALASKA q'N~ENTY-THIRD LEGISLATURE - FIRST SESSION ' BY SENATORS WILKEN, Bunde, Cowdery, Green, ogan, Seekins, Ben Stevens, Gary Stevens, Wagoner .. ~'~.~ .. ~ Introduced: 4/28/03 . Referred- Community and Regional Affairs, State Affairs .' ~' A RESOLUTION Requesting the Local Boundary Commission to consider borough incorPoration for- certain unOrganized areas. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA::' ~.~..-:; " WHEREAS Article I, sec. 1 Constitution of the State of Alaska, provides that all... persons are equal and entitled to equal rights, opportunities, and protection under the law, and- · .. :.~ '..,~ :~: :~ that all persons haVe corresponding obligations to the people and to the state; and. ~., :'. ~.-...~ .. · . WHEREAS the State of Alaska requires organized boroughs, home mle~ cities, in the · '.:.: ._, .~ ~. unorganized borough, and first class'cities in the unorganized borough to °perate~ a system o~..:, municipal public schools as provided in AS 29.35.160 and 29.35.260(b); and WHEREAS the State of Alaska significantly reduces public school funding to- organized boroughs, home role cities in the unorganized borough, and first classcities in the unorganized borough by an amount equal to the "local contribution" required of those · · ~ ~.~ ,., ':~ ';: ~!,: i.(.~. ~ . municipalities under AS 14.17.410, while no corresponding public school funding.reductions ;:~ are imposed on the remainder of Alaska for operation of regional educational attendance..~.- · _~i~.,.~ .~. i ':!.:'i '.. areas; and " . ' "~L).".?il..','j ''~ · WHEREAS the State of Alaska imposes significant obligations to provide other SCR012A -1- ~'i (.:SCR 12 New Text Underlined [DELETED TEXT BRACKETED] 23-LS 1026~D t: 10 11 12 13 14 16 17 18 19 20~ 22 fundamental public services, such as land use regulation, upon organized boroughs, home rule cities in the unorganized borough, and first class cities in the unorganized borough, while no corresponding obligations are imposed on the remainder of Alaska; and WHE~AS no reasonable basis, such as fiscal or administrative capacity, exists to distinguish those Alaskans who do not have obligations to provide a system of public schools and other fundamental public services from those Alaskans within organized boroughs, home rule cities in the unorganized borough, and first class cities in the unorganized borough upon whom the State of Alaska has imposed significant financial and other obligations to provide a .. system of public schools and other fundamental public' services; and WI-IE~AS borough incorporation of unorganized areas with relatively significant populations residing outside home rule and first class cities, and with the fiscal and administrative capacity to operate boroughs, would establish a reasonable basis to distinguish Alaskans that have significant obligations to provide a system of public schools and other fundamental public services from those with no such obligations; and ~.' ...~. WItE~AS the Local Boundary Commission determined in its February 2003 report entitled: "Unorganized Areas of Alaska that Meet Borough Incorporation Standards," that seven unorganized areas of Alaska meet standards for borough incorporation, including fiscal and administrative capacity to operate boroughs; and - WHEREAS four of the seven unorganized areas identified in the Local Boundary COmmission's February 2003 report have relatively significant populations residing outside home role and first class cities; those areas are the Upper Tanana Basin Model Borough, the Copper River Basin Model Borough, the Glacier Bay Model Borough, and the Chatham 23'-'~ '' Regi°n Model Borough, as those unorganiZed areas are defined by 3 AAC 110.990(9); and 24 ' WHEREAS the purpose of the local government article of the Constitution of the 25 State of Alaska is to provide for maximum local self-government with a minimum of local 26 government units, and to prevent duplication of tax-levying jurisdictions; and : 27 'WHEREAS Article X, sec. 1, Constitution of the State of Alaska, encourages 28 organization of boroughs to achieve the purpose of the local government article; and 29 .... "~' ~ ~WHEREAS the local option method of bOrough incorporation, first enacted in 1961 30"' ' 'and"'eurrently codified in AS 29.05.060 - 29.05.150, has been generally ineffective in 31 promoting the fundamental constitutional objective of borough organization; and . . . SCR 12 -2- SCR012A New Text Underlined [DELETED TEXT BRACKETED] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23-LS 1026~D WHEREAS the Local Boundary Commission has authority Under art.' X;::.seC: 12,~ Constitution of the State of Alaska, to present borough incorporation proposals.' t° the' legislature; and WHEREAS the provisions of AS 44.33.812 require the Local Boundary Commission to adopt regulations providing procedures for borough incorporation; and WHEREAS the Local Boundary Commission has adopted procedures for incorporation of boroughs under 3 AAC 110.400 - 3 AAC 110.660, including procedures in 3 AAC 110.610 for legislative review under art. X, sec. 12, Constitution of the State of Alaska; and WHEREAS the provisions of AS 44.33.812 require the Local Boundary Commission to consider borough incorporation for areas requested of it by the legislature; BE IT RESOLVED that the Alaska State Legislature requests the Local Boundary Commission to consider borough incorporation for the Upper Tanana Basin Model Borough, the Copper River Basin Model Borough, the Glacier Bay Model Borough, and the Chatham Region Model Borough; and be it FURTHER RESOLVED that the Alaska State Legislature requests the Local Boundary Commission to present a recommendation for borough incorporation under the legislative review method in art. X, sec. 12, Constitution of the State of Alaska, for each model borough listed in this resolution that is determined by the Local Boundary Commission, with any appropriate amendments or conditions, to meet applicable borough incorporation standards under the Constitution of the State of Alaska, Local Boundary Commission regulations, AS 29.05.031 and 29.05.100; and be it FURTHER RESOLVED that the Alaska State Legislature requests the Local Boundary Commission to include in each legislative review recommendation for borough incorporation submitted under 'this resolution, details concerning the class, name, boundaries, assembly composition and apportionment, proposed operating budget, taxes, and other areawide and nonareawide powers to be exercised, measures to ensure a smooth transition to organized borough stares, and other elements essential to the establishment of each particular recommended borough. COPIES of this resolution shall be sent to the Honorable Frank Murkowski, Governor of Alaska; the Honorable Darroll Hargraves, Chair, Local Boundary Commission; and to the SCR012A -3- i'[ ;~SCR 12 New Text Underlined [DELETED TEXT BRACKETED] .-..": '- '-' 23-LS 1026~D 1 ... Honorable Edgar Blatchford, Commissioner, Department of Community and Economic 2 . Development. .~ , , ':iSC. R 12 -4- SCR012A New Tex~ Underlined [DELETED TEXT BRACKETED] -- 0 I I 1 I I ,I SJOllOQ UO!ll!W Suggested by: Administration City of Kenai RESOLUTION NO. 2003-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $22,500 IN THE WELLHOUSE NO. 4 CAPITAL PROJECT FUND FOR ENGINEERING SERVICES. WHEREAS, additional engineering services are needed to continue development of Wellhouse No. 4; and, WHEREAS, funds are available in the Construction account in the Wellhouse No. 4 Capital Project Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Wellhouse No. 4 Capital Project Fund From: Construction $22,500 To: Engineering $22,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (9 / 11 / 2003) hl ~ .~'~ KENAI ~ENltN,~'LtLA ~ORIOlJGi BU$1NE$8 (@07) 262-8608 FAX (~07) 262-8~15 EMAIL: assemblyclerk@borough.kenai.ak.us September 4, 2003 LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 ......... RECEIVED" KENAl CITY CLERK Re: Liquor License Transfer Dear Ms. Holland-Williams- Please be advised that the Kenai Peninsula Borough has no objection to the transfer of the following liquor license, located within the City of Kenai, Alaska: From' Spencer Han, D.B.A.: New Peking Chinese Restaurant 145 S. Willow St. Kenai, AK 99611 To.' Jennifer Lee. D.B.A.' New Peking Chinese Restaurant 145 S. Willow St. Kenai, AK 99611 The Kenai Peninsula Borough Finance Department has reviewed this file and has raised no objection based on unpaid or delinquent taxes. If you should have any questions, please feel free to contact me. Sincerely,, Linda S. Murphy, MMC Borough Clerk LSM/see CC' Applicant City of Kenai KPB Finance Department File S:\WPWlNxDATA~BCB~bc-lettem\Tr~sfer\tr~t~r in city.wpd Date of Notice: August 25, 2003 State of Alaska Alcoholic Beverage Control Board Application Type: NEW Governing Body: Community Councils: City of Kenai None X TRANSFER Ownership Location Name Change License #- License Type: D.B.A.*: Licensee/Applicant: Physical Location: 3239 Restaurant/Eating Place New Peking Chinese Restaurant Jennifer Lee 145 S. Willow Street Mail Address' Telephone #: EIN: 145 S. Willow Street Kenai AK 99611 (907) 283-4662 (907) 283-4887 Fax 91-1803745 Corp/LLC Agent: Jennifer Lee Address 145 S. Willow Street Kenai AK 99611 Phone 907-283- 4662 Date and State of Incorporation N/A Good standing? N/A Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10°.4 shares. Member~Offic'er/Director: DOB Address Phone Title/Shares (%) Jennifer Lee 11/22/64 145 S. Willow Street 907-283-1061 Owner 100% Kenai AK 99611 If transfer application, current license information: License #: 3239 Current D.B.A.: New .Peking Chinese .Restaurant Current Licensee: Spencer Han Current Location: 145 S. Willow Street Additional comments: Restaurant Designation Permit Application will be sent via mail. ORIGINAL APPLICATION MUST BE ~TURNED **Date of Birth * Doing Business As Cc' Kenai Peninsula Borough Local Governing Body- New Format ALCOHOLIC BEVERAGE CONTROL BOARD The granting of this permit allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and and persons under the age of 19 tbr employrnent. If for employment, please state in detail, how the person will be employed, duties, etc. (I5 AAC 104.745). This application is for designation of premises where' (please mark appropriate items). 1 ~ Under AS 04.16.010(c) Bona fide restaurant/eating place. 2 ~Persons between 16 & 21 may dine unaccompanied. 3 ------Persons under 16 may dine accompanied by a person 21 years or older. 4 Persons between 16 and 19 years may be employed. (See note below). LICENSEE: ADDRESS: 1. 2. ]2-8 Hours of Operation: to Telephone # - Have police ever been ~ by You 05 anyone e~'th~ aay reaxs~n:- [ ]. Yes ~ No -- If yes, date(s) and explanation(s). . Are video games available to the pubhc on your premises? Do you provide entertainment: [ ] Yes ~ No If y~ describe. How is food served? .~ Table Service ~ Buffet Service Counter Service Other* Is the owner, manager, or assistant manager always present during business hours? ,~ Yes [ ] No A MENU AND A DETAILED LICENSED PRE. ES DIAGRAM MUST ACCOMP~ THIS APPLICATION This permit remains in effect until the liquor license is transf~ed OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795) I certify that I have read AS 04.16.049, AS 04.16.060, 15 AAC 104.715-795 and have instructed my employees about provisions contained therein. Applicant(s) sigaamre Application approved (15 AAC 104.725(e) Governing Body Official Date: Director, ABC Board Date: '~OTE: AS 04. I6.049(c) requires that written parental consent and an exemption bv the Department of Labor must be provided · to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of a~ze are not required to have the consent or exemption. ' - Describe how food is served on back of tbrm. h: ~excel~forms ~4/17/97/R E$T-API3 .XL$1vjh COUNCIL ON AGING SEPTEMBER 4, 2003 KENAI SENIOR CENTER 10:00 A.M. AGENDA ITEM 1: ITEM 2: ITEM 3: , ITEM 4: ITEM 5: ,, ITEM 6: ITEM 7: ,, ITEM 8: ITEM 9: ITEM 10: a, ITEM 11: CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- July 3, 2003 PERSONS SCHEDULED TO BE HEARD City Attorney Cary Graves -- Commission and Committee Powers Lane Beauchamp-- Project Choice OLD BUSINESS Discussion -- Assisted Living Update NEW BUSINESS Discussion -- InCrease of Special Event Meal Fees REPORTS Council on A~ng Chair Director Council Liaison OUESTIONS/h COMMENTS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Council Action Agendas of August 6 and 20, 2003. ADJOURNMENT NEXT MEETING: NOVEMBER 6, 2003 -- 10 A.M. COUNCIL ON AGING SEPTEMBER 4, :2003 KENAI SENIOR CENTER 10:00 A.M. CHAIR RICHARD ~GENSEN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/k ROLL CALL Chair Jurgensen called the meeting to order at 10'00 a.m. The roll was confirmed as follows: Members present: Members absent: Others present: Osbom, Jones, Wilson, Harris, durgensen, Huddleston, and Hollier Higley, Kuntzman City Clerk Freas, City Attorney Graves, Acting Director Issak, Council Member Swarner ITEM 2: AGENDA APPROVAL Jurgensen requested to move the report of Council Member Swarner to immediately before Persons Scheduled to be Heard. MOTION: Member Huddleston MOVED to approve the agenda with the amendment and Member Oabom S~OI~ED the motion. There were no objections. $O ORDERED. ITEM 3: APPROVAL OF MINUTES -- July 3, 2003 MOTION: Member Huddleston MOVED to approve the minutes as presented and Member Jones SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-c. Council Liaison -- Council Member Swarner reviewed the action agendas included in the packet and noted in particular ambulance billing being done in-house; the new ambulance will have four-wheel drive; the city traffic citation fines will be paid at City Hall; Council is requesting comments from the draft Comprehensive Plan and urged members to forward any they may have; a new arrangement of photos are being placed at the airport by Fish & Wildlife and Fish & Game; and, a f'mal dip net report will be forwarded to council in September. ITEM 4: PERSONS SCHEDULED TO BE HEARD City Attorney Cary Graves -- Commission and Com__rmttee Powers Attorney Graves reviewed information included in the packet relating to commission/committee powers. He noted, there had been times in the recent past when commissions have gotten ahead of the council and acting in a capacity of more than advisory; the council appreciates the membership's input and participation; and, he.is speaking to all the commissions and committees. 4-b. Lane Beauchamp-- Project Choice Ms Beauchamp, Project Choice Care Coordinator was joined by Cindy Hughes of Frontier Community Services. Beauchamp reviewed what Project Choice offers, i.e. alternatives to nursing home care, help to remain at home, assistance to families caring for elders or disabled Alaskans at home or in their communities; and, the ability to make more choices about what care they will receive as they age. Beauchamp also covered those Project Choice serve, what care coordinators provide, and the services that can be provided. ITEM 5' OLD BUSINESS 5-a. Discussion -- Assisted Living Update Anna Wheeler, President of the Senior Connection reported the Connection had received a $25,000 grant for a required feasibility study; have not found a piece of property on which to build a facility; they have purchased the required liability insurance; they are in the final process of hiring a coordinator for the project who will look into funding, property availability, etc. ITEM 6: NEW BUSINESS 6-ae Discussion -- Increase of Special Event Meal Fees Issak reviewed the amendments which had been made to the Center's budget and discussed the extra costs incurred for special event meals. After a brief discussion, the membership suggested increasing the suggested donation; cutting the "frills" and leave the price the same; cut the size of meals; consider cafeteria-style service. Is~ak requested the membership give additional thought to the stated suggestions and bring other ideas forward. The item will be discussed again in the future. ITEM 7: REPORTS 7-a. Council on Aging Chair -- Jurgensen stated he felt the efforts of Project Choice bridges the gap between assisted living and staying at home; they will have to work through the committee to educate the community of what assisted living is; and, they will need to move ahead because of the present and furore needs for assisted living. COUNCIL ON AGING MEETING SEPTEMBER 4, 2003 PAGE 2 7-b. Director-- Isaak reported the Senior Center won second price in the Chili Cook-Off at the Industry Days Picnic; Senior Director Craig was attending a "Meals on Wheels" Conference out of state; representatives from the Governor's office would be at the Center on Tuesday, September 9 to discuss concerns of semors, including the curtailment of the Longevity Bonus. Council Liaison -- Heard earlier in the meeting. ITEM 8: OUESTIONS/k COMMENTS-- Nqne. · ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Council Action Agendas of August 6 and 20, 2003. ITEM 11: ADJOURNMENT MOTION: Member Huddleston MOVED for"adjoumment and Member Harris SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10:40 a.m. Meeting Summary prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING SEPTEMBER 4, 2003 PAGE 3 KENAI HARBOR COMMISSION MEETING SEPTEMBER 8, 2003 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALl, , ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- July 7, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD Cary R. Graves, City Attorney-- Commission and Committee Powers ITEM 5' OLD BUSINESS ITEM 6: NEW BUSINESS ,,, d, Discussion -- Discharge of Firearms in the City Limits Discussion-- Dip Net Fishery Discussion -- Specie Use Permit -- Randy Meier, d/b/a Seafoods/Boat Storage Area. Discussion -- Kenai Peninsula Borough/Kena~ River Protection Area Ordinance-- 50 Foot Setback. ITEM 7: REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of August 6 and 20, 2003. ITEM 11: ADJOURNMENT KENAI HARBOR COMMISSION MEETING SEPTEMBER 8, 2003 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/is ROLL CALL Chair Thompson called the meeting to order at approximately 7'02 p.m. confirmed as follows: Roll Call was Commissioners Present: Commissioner Absent' Others Present: Thompson, Eldridge, Barrett, Spracher and Foster Simon and Higley Public Works Manager Komelis, City Attorney Graves, Council Member BoOkey, Lt. Wannamaker, and Dock Foreman Sweden ITEM 2: AGENDA APPROVAL MOTION: Commissioner Spracher MOVED to approve the agenda as presented and Commissioner Eldridge SECONDED the motion. There were no objections. ORDERED. SO ITEM 3: APPROVAL OF MINUTES -- July 7, 2003 MOTION: Commissioner Eldridge MOVED to approve the minutes as presented and Commissioner Foster SECONDED the motion. There were no objections. ORDERED. SO ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Cary R. Graves, City Attorney-- Commission and Committee Powers Graves reviewed the memorandum included in the packet relating to the role of the Harbor Commission, reminding the members they are advisory to the council. He added, the council appreciates their efforts and input. ITEM 5: OLD BUSINESS-- None. ITEM 6: NEW BUSINESS 6-a. Discussion -- Discharge of Firearms in the City Limits A general discussion followed relating to Ordinance No. 2015-2003, amending KMC 13.15.010(a) to redefme the allowed hunting areas within the city and replace the maps of those areas with an updated one. Commissioner concerns included viewing ducks along Bridge Access Road and shooting ducks do not mix; there is not a safety problem as shooting is not allowed near the wooded area; there is a healthy duck population; if duck hunting is closed, it would probably never be reopened. 6-b. Discussion-- Dip Net Fishery Lt. Wannamaker reviewed the dip net fishery report which was included in the packet. A discussion followed relating to the report and Graves discussed the Public Trust Doctrine, noting resident and non-resident fees must be the same, a season pass discount would be acceptable, and the restricting of the section line easement may be possible. A general discussion followed. MOTION: Commissioner Eldridge MOVED to recommend a manned booth be placed on both sides of the fiver and dock and Commissioner Barrett SF~ONDRD the motion. There were no objections. ~O OI~RI~D, Placing porta-potties or constructing a permanent bathroom facility was discussed. Concema were expressed relating to vandalism problems, more seats are available through u~e of porta-potties, and either facility would have to be pumped. MOTION: Commissioner Eldridge MOVED to keep the porta-potties and Commissioner Spracher SECONDED the motion. There were no objections. $O ORDERED. The Commissioner discussed camping on either side of the fiver. Comments included: · Campers take up space for local users. · Parking cannot be expanded on the North side. · Camping should not be allowed on the beach during dip net season. · There should be no camping or activities on the dunes. The Commission requested additional research be done on the issue, requested Seward be contacted as to their regulations and the issue be included on the January agenda. Discussion-- Special Use Permit-- Randy Meier, d/b/a R&J Seafoods/Boat Storage Area. The Commission reviewed the information included in the packet. Their recommendation was for the dip net users to park in the new area in the Snug Harbor old area. HARBOR COMMISSION MEETING SEPTEMBER 8, 2003 PAGE 2 Discussion -- Kenai Peninsula Borough/Kenai River Protection Area Ordinance -- 50 Foot Setback. Council Member Bookey reviewed information included in the packet and explained the Borough ordinance which now regulates the first 50 feet of the fiver bank. He also discussed his purpose in bringing the matter forward. Bookey added, the city administration had not yet made a recommendation. MOTION: Commissioner Barrett MOVED to support the city taking over the 50 foot setback Kenai River Protection ordinance completely and the Borough should no longer be involved in administering the ordinance within the Kenai City Limits. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS Director-- No report. 7-b. Dock Foreman -- Dock Foreman Freden reported issues arising at the dock during the summer use. He suggested the permittee run their own forklift next year. Suggested costs were discussed, i.e. $300/month for use of the buoy, parking, launch and skiff parking; $10/day for use of the buoy; and $20/day for permittee to use the dock, with the city's discretion to move him off the dock. 7-c. City Council Liaison -- Council Member Bookey reviewed the council meeting' action agendas included in the packet. He also noted, the council would begin the budget process in ,January. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Commissioner Thompson suggested more dip net areas be opened up by the State and reminded the Commission their next meeting will be held on November 10. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of August 6 and 20, 2003. ITEM 11' ADJOURNMENT HA~OR COMMISSION MEETING SEPTEMBER 8, 2003 PAGE 3 MOTION: Commissioner Barrett MOVED to adjourn and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10:15 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING SEPTEMBER 8, 2003 PAGE 4 September 9, 2003 Mayor and Council Members City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 RECEIVED CITY CLEF K I regret to inform you of my decision to resign my term early from the Harbor Commission. I have enjoyed the work very much, but due to my personal circumstances it is no longer practical for me to serve. I hope you will continue to work hard on the issues and wish you the best possible progress, particularly with the coastal trail, in the future. Sin5 X, Kathleen Simon KENAI PARKS/h RECREATION COMMISSION SEPTEMBER 4, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- July 3, 2003 ITEM 4: PERSONS SCHEDULED TO BE HEARD a, City Attorney Cary Graves -- Commission and Committee Powers Tom Bennett -- Kenai Peninsula Soccer Club ITEM 5: OLD BUSINESS Discussion -- Draft Cemetery Re~tlation Amendments ITEM 6: NEW BUSINESS Discussion-- Ice Rink/Contract Operations Discussion-- Softball Greenstrip Landscaping/Project Propose for Updating Existing Flower Bed. ITEM 7: a~ REPORTS Commission Chair Director City Council Liaison ITEM 8: COMMISSION QUESTIONS & COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of July 16, August 6 and August 20, 2003. ITEM 11: ADJOURNMENT KENAI PARKS/h RECREATION COMMISSION SEPTEMBER 4, 2003 CITY HALL COUNCIL CHAMBER~ 7:00 P.M. VICE CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Sandahl called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners Present: Commissioners Absent: Others Present: Dale Sandahl, Mike Baxter, Teresa Wemer-Quade, Kelly Gilford (arrived late), and Kendra Steiner Dick Hultberg and Jack Castimore Parks & Recreation Director Bob Frates, Council Member Pat Porter, and City Attorney Cary Graves ITEM 2: AGENDA APPROVAL The agenda was approved with the addition of Multipurpose Facility Advertising Agreement as New Business, Item 6-a. ITEM 3: APPROVAL OF MINUTES -- July 3, 2003 There were no additions or corrections to the minutes and were approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-[[. City Attorney Cary Graves -- Commission and Committee Powers Graves reviewed his memorandum included in the packet and noted the council appreciates the commission/committee function and feel an important role is played and value the input. In the case of the Recreation Center issue, the council listened but other factors were taken into consideration with this decision. Baxter asked when special meetings could be called and Graves explained they can be requested through proper procedures and added, it was the subject of the request by the chairperson in June which created controversy and which gave the appearance of circumventing the system. Tom Bennett -- Kenai Peninsula Soccer Club Bennett circulated a picture of the old FAA football field and noted 80 games had been played during the season. He requested use of the property for the next season. The item was moved to Item 4, New Business, for further discussion. ITEM 5: OLD BUSINESS 5-[[. Discussion -- Draft Cemetery Regulation Amendments The Commission reviewed the suggested amendments to the regulations which were included in the packet. A lengthy discussion followed in which the following main concerns and further suggestions discussed were: · Section (g), referring to people's ability to request properly placed decorations not be removed. ~ · Flowers be allowed several days before and after holidays with a total clean-up in September before winter. · To clarify Section 4(e), scratch "not." · Add "no decorations shall be attached to the fence...effective immediately" in the proposed changes for the existing cemetery. · Add, "Plastic or silk flowers and artificial decorations are permitted between May 1 and September 30. BuriEs occurring between October 1 and April 30 may be displayed but are subject to removal 30 days after burial." MOTION: Commissioner Gifford MOVED to recommend approval of the amendments presented with the additions discussed above and Commissioner Steiner SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6-a. Discussion -- Ice Rink/Contract Operations -- To be discussed at a future meeting. Discussion -- Softball Greenstrip Landscaping/Project Proposal for Updating Existing Flower Bed. Frates explained the conceptual idea for new landscaping. The Commission had no objections to the concept. -Ce Discussion Continuance/Tom Bennett -- Kenai Peninsula Soccer Club The Commission discussed further the continued use of the FAA football field for next soccer season by the Kenai Peninsula Soccer Club. The Commission requested the Kenai Peninsula Soccer Club (KPSC) be allowed to use the FAA field for soccer and be allowed to expand the size of the field, pending approval by the city council. Discussion -- Multipurpose Facility/Dasher Board and Banner Program. PARKS & REC~ATION COMMISSION MEETING SEPTEMBER 4, 2003 PAGE 2 A discussion took place relating to selling advertising space on dasher boards and banners at the facility. Joe Moore explained the Kenai Central High School Booster Club's interest in the program. The Commission suggested details be worked out between the Booster Club and administration. The Commission requested the issue be included on their November meeting agenda. ITEM 7: REPORTS 7-a. Commission Chair-- No report. 7-b. Director -- Frates gave updates on the skateboard park; brush clearing activities; security camera costs for the multipurpose facility; the Spur Highway bike path; Municipal Park; and the Kenai Nordic Trails. 7-c. City Council Liaison -- Porter gave an update on the Recreation Center and revisions made to the ordinance relatin§ to "professional services." ITEM 8- COMMISSION (~UESTIONS & COMMENTS -- None. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Council Action Agendas of July 16, August 6 and August 20, 2003. ITEM 11: · ADJOURNMENT MOTION: Commissioner Steiner MOVED to adjourn and Commission Sandahl SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9'25 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk PARKS & RECREATION COMMISSION MEETING SEPTEMBER 4, 2003 PAGE 3 le ® CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 10, 2003 - 7:00 p.m. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed fi'om the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. *APPROVAL OF MINUTES: a. *August 27, 2003 3. SCHEDULED PUBLIC COMMENT: e CONSIDERATION OF PLATS: a. PZ03-38--Preliminary Plat- Integrity Plaza- Submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. b. PZ03-39--Preliminary Plat- Strawberry Fields Forever Addition # 1 - Submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Plat Committee Action- Kenai Townsite ACS Replat 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/h ZONING COMMISSION CITY COUNCIl, CHAMBERS SEPTEMBER 10, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at 7'00 p.m. 1-a. Roll Call Members Present: Glick, Bryson, Goecke, Eldridge, Hammelman, Barrett Members Absent: Amen Others Present: Councilman Osborne, City Planner KebschuLl, Contract Secretary Roper 1-b. Agenda Approval Goecke noted City Attorney Cary Graves was present and would be added under Item 3, Scheduled Public Comment. MOTION: Commissioner Eldridge MOVED to approve the agenda and Commissioner Barrett SECONDED the motion. MOTION TO AMEND (First)' Commissioner Bryson MOVED to approve the agenda by adding the information provided prior to the meeting and since the public notice did not include City Attorney Graves he should be added under Item 11 of the agenda, Persons Present Not Scheduled. Commissioner Eldridge SECONDED the motion. MOTON TO AMEND (Second): Commissioner Eldridge MOVED to amend the motion to move Attomey Cary Graves to Item 3 of the agenda. Commissioner Barrett SECONDED the motion. VOTE ON SECOND MOTION TO AMEND: Eldridge Goecke Yes I Amen Yes Bryson Yes Absent Glick Yes Yes Barrett Yes MOTION PASSED UNANIMOUSLY. VOTE ON FIRST MOTION TO AMEND: Goecke Yes Bryson Hamme!man Yes Absent Yes Glick Barrett Yes Yes MOTION PASSED UN~OUSLY. VOTE ON MAIN AMENDED MOTION: [ Eldridge Yes IGoecke Yes Hammelman Yes Alllen Br~son Absent Yes Glick Yes Barrett Yes MOTION PASSED UNANIMOUSLY. 1 'C. Consent Agenda MOTION: Commissioner Glick MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- August 27, 2003 Approved by consent agenda. ITEM 3' SCIt]/IDULED PUBLIC COMMENT City Attorney Car~ Graves -- Discussion Commission and Committee Powers Attorney Graves reported the City Council instructed him to meet with all Commissions and Committee to explain their roles as members. Graves noted the Planning & Zoning Commission is different from the other commissions as they do have independent authority and the others act almost exclusively as advisory bodies only. ITEM 4: cONSIDERATION OF PLATS PZ03-38--PreHminary Plat- Integrity Plaza- Submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING SEI:rI'EMBER 10, 2003 PAGE 2 MOTION: Commissioner Bryson MOVED to approve PZ03-38 and Commissioner Glick SECONDED the motion. Staff had nothing additional but at the request of Commissioner. Bryson, Kebschull explained the split zone parcels. Kebschull added, the Commission would see the rezone request at the next meeting. VOTE: Eldridge [Yes Goecke lYes Hammelman Yes Amen Absent Br~son Yes Glick Yes B__m-rett Yes MOTION PASSED UNANIMOUSLY. 4-b. PZ03-39---Prelimtnary Plat - Strawberry Fields Forever Addition # 1 - Submitted by hate~ty Snmrey~, 605 Swires Road, Kenai, Alaslm. MOTION: Commissioner Eldridge MOVED to approve PZ03-39 and Commissioner Glick SECONDED the motion. Kebschull explained the three revisions of the plat and noted the current revision removes Tract B and creates a Tract C. MOTION TO AMEND: Commissioner Bryson MOVED to amend the motion to include staff comments and recommendations. Commissioner Glick SECONDED the motion. VOTE ON AMENDMENT: ] El~dge Yes t Amen I Absent IGoecke Yes Bi, son Yes Hammelman Yes Glick Yes Barrett Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 10, 2003 PAGE 3 ! Eldrid§e Yes .[ Goecke Yes Hammelrnan Yes Alnen Bryson MOTION PASSED UNANIMOUSLY. Absent Yes Glick Barrett lYes Yes ITEM 5: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS-- None ITEM 7: NEW BUS~S -- None ITEM 8: PENDING ITEMS-- None ITEM 9' CODE ENFORCEMENT -- None ITEM 10: REPORTS 10-a. City Council -- Council Member Osborne provided a report based on action taken at the City Council's September 3, 2003 meeting. 10-b. Borough Planning-- Commissioner Bryson provided a report based on action taken at the Borough Planning's September 8, 2003 meeting. 10-c. Administration -- Kebschull noted the foll0wing: · The next agenda would have a discussion of the Kenai River Protection Ordinance and Councilman Bookey may be present to provide a report. The Commission will be given two weeks to review the information provided. · There has been no word from the other property owner on the Fireweed rezone issue. Kebschull added, a final report will be provided and the Commission will be asked to decide which lots should be rezoned. · Referenced the Three Bears expansion project and noted the City will request the fence be restored or repaired. The issue will be in the next meeting packet. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. KPB Plat Committee Action- Kenai Townsite ACS Replat ITEM 13: COMMISSION COMMENTS ,& QUF~TIONS PLANNING & ZONING COMMISSION MEETING SEPTEMBER 10, 2003 PAGE 4 Coun¢~m~_,,_ Osborne stated council members visited the Challenger Learning Center to tour their new addition. He encouraged the commission members to visit it as well. Commissioner Barrett asked who determines the speed limits and Kebschull replied, they are set by the type of street and added the City gets a lot of ca/Is regarding speed limits and various street signs. ITEM 14: ADJOURNMENT The meeting adjourned at 7'34 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING SEPTEMBER 10, 2003 PAGE 5 SUPPLEMENTARY KENAI BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 9, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: b, ITEM 11: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- June 10, 2003 PERSONS SCHEDULED TO BE HEARD Cary R' Graves, City Attorney-- Commission and Committee Powers OLD BUSINESS Discussion -- Kenai Municipal Cemetery Code/Regulation Amendments NEW BUSINESS Discussion -- Softball Greenstrip Landscaping Discussion -- Summer Flower Bed Review REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison QUESTIONS AND COMMENTS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Parks & Recreation Commission Meeting Minutes of June 10 and July 3, 2003. City Council Action Agenda of August 6 and 20, 2003. ADJOURNMENT SUPPLEMENTARY KENAI BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 9, 2003 7:00 P.M. KENAI COUNCIL CHAMBERS CHAIR MARILYN DIMMICK, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/h ROLL CALL Chair Dimmick'called the meeting to order at approximately 7:05 p.m. confirmed as follows: Roll was Members Present: Members Absent: Others Present: Dimmick, Seymour, Rogers, Moore, Nelson and Canady Brown Parks & Recreation Director Frates, City Attorney Graves and Council Member Swamer ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: APPROVAL OF MINUTES -- June 10, 2003 The Committee requested the following corrections to the minutes: · Add Canady to those members absent. · Add "s" to Roger at Item 5. · Item 6-b, ...cemetery clean-up day..."should be scheduled" to ensure... · Item 6-c, ..."commission" should be "committee." · Item 7 motion, change "to council..." to "the council..." There were no objections and the minutes were approved as amended. ITEM 4: pERSONS SCHEDULED TO BE HEA_Rr) Cary R. Graves~ City Attorney-- Commission and Committee Powers Graves reviewed the memorandum included in the packet relating to the role of the Beautification Committee, reminding the members they are advisory to the council. added, the council appreciates their efforts and input. He ITEM 5: OLD BUSINESS Discussion -- Kenai Municipal Cemetery Code/Regulation Amendments Frates reviewed the information and suggested amendments to the Cemetery Regulations which were included in the packet. He noted also suggestions he received from the Parks & Recreation Commission who met earher in the month, i.e. management of plastic flowers, etc. MOTION: Member Seymour MOVED to recommend the Committee support the Parks & Recreation Commission's suggested amendment for managing plastic flowers in the cemetery. Member Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6-a. Discussion-- Softball Greenstrip Landscaping Frates presented a possible upgrade to the softball green strip flowerbed. He noted the landscape upgrade could include enlarging the bed, adding perennial shrubs, and five large trees. The idea is meant to increase the esthetics of the green strip. Frates also suggested a sign could some day be considered to better identify the park for out of town visitors needing to f'md it. It was suggested the park be given an official name. The Committee supported the conceptual idea of the landscape upgrade at the green strip park. 6-b. Discussion -- Summer Flower Bed Review The Committee reviewed pictures of various flower beds and suggestions for improving areas were made, including: · Consider the budget situation and use fewer expensive plant materials. · Chamber whiskey barrels be examined for drainage. · Add veronica at the Scout Park. · The fire station island be upgraded and grass clippings be added as well as additional attention to the station. · Lilies be divided at the Memorial Park sign and potato cages be used as needed. · The large bushes be removed at the Warren Larsen bed as well as thinning the bed. ITEM 7: REPORTS 7-[[. Committee Chair-- No report. 7-b. Parks/h Recreation Director -- Frates reported on ongoing fall maintenance, i.e. mowing, replacing pole decoration bulbs, removing flowers from various planters, etc. 7-c. Kenai City Council Liaison -- Swamer noted the smoking ordinance would go into effect October 1. BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 9, 2003 PAGE 2 ITEM 8: OUESTIONS AND COMMENTS The Committee discussed the sign at the green strip park further. MOTION: Member Seymour MOVED to the green strip park be given an official name when the sign is addressed. Member Nelson SECONDED the mo_tion. There were no objections. SO ORDERED. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. 10-b. Parks & Recreation Commission Meeting Minutes of June 10 and July 3, 2003. City Council Action Agenda of August 6 and 20, 2003. ITEM 11: ADJOURNMENT The meeting adjourned at approximately 8:45 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 9, 2003 PAGE 3 Kenai Convention and Visitors Bureau Board Meeting Minutes July 14, 2003 Board Members Present: (6 members constitute a quorum) Jim Bookey, Robert Fulton, Ron Malston, Fred Braun, Rebecca Cronkhite, Robin West, Jacquie Steckel, Marty Ragan, Sharon Brower Board Members Excused: Marion Nelson, Charlotte Legg, Sandra Vozar Staff Members Present: Ricky Gease, Diana McKenney A. Call to Order & Roll Call: Called to order at 5:39 p.m. B. Approval of Agenda: Ron Malston moved and Robin West seconded that the agenda be approved. The motion was approved unanimously. C. Approval of Minutes: Ron Malston moved and Robin West seconded that the minutes of May 19, 2003 be approved. The motion was approved unanimously. D. Persons scheduled to be heard: None E. Correspondence: *~ Alaska State Museum Grant in Aid- Received this grant for the 5th year for $9,190. It will be used to renovate the Bob James fish collection and the fish display area including the snag and other areas of the Natural History Room. We hope to get grants in the future for renovating the Cultural History Room. Community letters of support- the packet contains several letters praising the Visitors Center and art show and a response to the Editor concerning public fimding. Letter to Kenai Chamber of Commerce - The result of this letter was a request that the Chamber, the City and KCVB have some work sessions to develop some long-term strategic planning for successful relationships between commerce, government and non- profit organizations in this area. Sheila Balestreri TV feature - She did a feature in May that was really good. It featured a small girl by one of the paintings saying "I may be only 46 inches tall and weigh 46 pounds, but this is a really big show!" She conveyed the message that in a small part of a huge state, this is a really impressive show. F. New Business: 1. TV advertisement opportunities - Mr. Gease wanted to make sure that the Board was aware that we received many advertising oppommities regularly, but despite the potential benefits, we just don't have the funding... ae Featured community on Paul Gray's Exploring Alaska TV show, spotlighting Kenai- the cost is $20,000. Mr. Gease took this idea to Linda Snow at the City. Neither of us have the money in our budgets for this project. b. Featured community on CNBC's Business Odyssey section spotlighting what CVB's are doing to promote tourism/travel to your region o VISTA program- resolution of board support- Ms. Steckel moved and Mr. Malston seconded approval of Resolution 03-001, a resolution of the Kenai Convention and Visitors Bureau Board of Directors Supporting the A~plication for a Volunteer In Service To America (VISTA) Volunteer. The first year is important because a positive outcome could lead into a 2~a, 3rd and 4th year. The motion was approved unanimously. 3. DCED grant- resolution of board support- Mr. Malston moved and Ms. Cronkhite seconded approval of the Resolution 03-002, A Resolution of the Kenai Convention and Visitors Bureau Board of Directors Supporting the Application for a Mini-grant From The Alaska Department of Community and Economic Development. The motion was approved unanimously. 4. Arctic Winter Games - progress update and board decision for executive director to continue involvement with event- Mr. Braun indicated that Mr. Gease has been involved in this project fi'om the beginning and that the Board needs to provide him with some direction. He asked about the time commitment that would be required. Mr. Gease said that he would probably need to go to 2 meetings per month and would probably chair the Ceremony and Culture Committee. Mr. Braun felt that there will be a benefit to the community that would ultimately benefit KCVB, and therefore, it would be good for Mr. Gease to be involved provided it did not interfere with other duties. Mr. Gease indicated that he would like to be involved and that we would benefit because the Alaska Museum is preparing an exhibit that we have signed up to display during the games. Ms. Cronkhite indicated that it may be very time intensive as the time for the games approaches. At present, the time commitment would not be extensive, but the final weeks will be a 24-hour a day requirement. Mr. Gease also indicated that in February, the AWG board members will go to Canada to shadow theft counterparts. Mr. Braun indicated that at this point, Mr. Gease has the support of the Board to continue work with the AWG. 5. Kenai Municipal Airport- Kenai CVB member brochures at airport- member brochures will be stocked at the airport. Will work it oUt with the Chamber to make sure theirs is stocked as well. Ms. Cronkhite indicated that the City currently has a contract with Interspace Advertising to manage all advertising in the Airport. Kenai City Council has directed the Airport to provide space fi'ce of charge to the Chamber so they can provide welcome information to travelers. The Chamber is willing to accommodate information from the Kenai CVB and KPTMC. Mr. Gease stated that the meet and greet booth that the Chamber had experienced difficulty keeping the place manned and organized. Chamber is who had authorization from City Council to do something in the airport to promote the city. The Chamber and Mr. Gease have talked to work out the display issues. Mr. Gease also stated that the City must be concerned about fairness to other businesses in Kenai. It is a regional airport, however, so all parties are working hard to come up with a solution, space being the biggest problem. For the summer, Mr. Gease and Ms. Cronkhite have worked on a solution of having Chamber and KCVB members' rack cards displayed and have one of our staff members be responsible for keeping the area neat, stocked, and maintained. There has also been discussion of KCBC installing a virtual map display when the advertising contract ends in 2006. Ms. Steckel asked about other airports. Ms. Cronkhite indicated that other businesses pay large sums to have a display or rack at other airports. The Airport and the City are trying to provide a community service, while staying within the confines of the current advertising contract. G. Old Business: 1. Discuss KVCC museum store- Mr. Braun said that all museums and Visitor Centers have retail items. It isn't a matter of retail, but a matter of competing retail. He felt that the original grant has not been violated and that it is somettfing we should continue. Mr. Bookey said that the intent of the original Board was for the economic development of the community not of this facility. He said that the members then said that if any business opened up and began to sell items that were being sold in the center that we would back out. Mr. Gease said that he has given Ms. Bowen direction in retail to purchase quality items that are made in Alaska or that support our mission. There are artists who wish to be associated with Museum stores and there is a segment of the customer base who want to buy art items purchased at Museum stores. At present, it is the retail income that is paying for payroll for KCVB. There is no other relief available for solving our economic situation. There are people who come to Kenai and this is the only place that they visit. We would like to have a flyer that features shops in this area that contains a map. It could be placed in the bags upon purchase and be available on the counter. He also feels that Ms. Bowen has done an excellent job. Ms. Ragan indicated that other shop owners are coming to her and are not happy and we have a rift in our community. We don't have a 'center of town' or a shopping area. She said that in one case, Ms. Bowen had been lied to by a supplier about having his product in other stores. Mr. Bookey has talked to the shop owners since the City meeting. They are hurting f'mancially like everyone else. He is concerned that they will have substantial influence on the political whims of the City. He feels that they are going to be after the budget of this organization. If we had as many people vocally patting us on the back as were complaining the budget would go that way. Several other points were discussed: · Could small cards be placed in retail areas indicating where other like products could be purchased? There are pros and cons. It is impossible to please everyone and someone is bound to be upset by some unfair advantage if they don't happen to carry any products that we do. Other businesses may then want additional representation displayed for their businesses- like B & B's, hotels, restaurants, etc. · Where else can Alaskan gifts be found besides Alaskan Gift and Gallery? Kenai is quite barren of shopping oppommities at present. Fireweed Herb Garden has a small inventory of Alaskan jewelry... · Mr. Fulton asked about types of visitors - private transportation such as cars and RV's and tour busses. People in tour busses are limited in their access and this building is their only destination in Kenai. It is important to meet their souvenir needs here. Mr. Fulton also brought up inventory control. We have a lot of specialty items that are not offered in other shops. It would be beneficial to evaluate the percentage of retail income that is associated with these items and determine if discontinuing the controversial items would be very detrimental. Mr. West pointed out that although retail is not the main factor contributing to the maintenance of this building, we shouldn't give it up without a fight without knowing how that money might be replaced. Ms. Brower also felt that it is important to educate our members as to the cost of operating this facility and dispel the idea that we are being subsidized by the City of Kenai. Ms. Brower pointed out that other museums have beautiful gift shops. The Pratt and Anchorage museums both have items that are surely found in shops within walking distance. Community cooperation and compromise are key to the success of all businesses. Mr. Malston pointed out that tourists have money to spend and we need to find a way to help them spend it. Other communities have found ways to pursue a common theme that then benefits all the businesses. Tourists who are shopping will tend to hit all the shops. Mr. Braun would like to go and visit the shops in Kenai to see what they are offering and be able to better evaluate our inventory. Collecting visitor comments may be useful. Mr. Fulton suggested a survey or suggestion box allowing visitors to provide input. Ms. Cronkhite suggested that this might provide good statistical data. Mr. Gease pointed out that we get numerous visitor comments from our visitor log book. Ms. S teckel feels that if the Visitor Center weren't here, that businesses would be in much worse shape. It is the one thing left in Kenai that draws visitors. If we could organize Kenai, we would do it differently. But even if we did, the existing businesses in Kenai would take up a very small mount of space. Mr. Gease asked Mr. Bookey to provide information about the percentage of funding provided by the City for other contracted management companies. 2. Discuss Kenai CVB board development committee - Foraker training emphasized policy and procedures. The number one indicator of the health of an organization is the health of the Board. The number one indicator of the health of a Board is a Board Development Committee. Mr. Gease recommends that we have a committee that will develop policies and procedures, especially a procedure for recruiting new board members. The Committee wo. uld also cultivate ideas for setting up strategic planning sessions. At least 3 members need to be on this committee and develop something presented in October. Ms. Nelson was volunteered and Ms. Steckel and Ms. Brower volunteered. Mr. Gease will find samples. 3' Discuss Board liaisons to borough-wide bed tax task force- Mr. Gease says that KPTMC is organizing this task force. The goal will be to bring this issue forth to the Borough in such a way that it is well organized and has weight. Allocation will be the most contentious factor. He feels that our board needs to be represented in this discussion. The recommended format is to have the Executive Directors and 1 or 2 Board members from each of the 13 organizations .be represented at the meetings. The meetings will be starting in September. The first will be in Cooper Landing and others in October and November. Mr. Braun wants to know how to avoid the appearance that Mr. Gcase is taking the lead. Mr. Gease says that by having KPTMC lead here and involving all 13 other organizations should avoid that. At the borough level, Betty Glick is adamant that the money is going to tourism/marketing only. So another goal Would be to specifically define tourism and marketing. Ms. Cronkhite feels that it is important to have Mr. Braun and at least one or two members attend these meetings, The first meeting will be the weekend of September 18th. Mr. West, Ms. Nelson and Mr. Braun will participate. H. Executive Director's Report: 1. Financial Update - Mr. Gease commended the Board for their decision to buy the POS system. It will help to pinpoint the retail situation. We had to buy a new computer. We did not have success buying locally and have purchased a DELL computer. Mr. Gease explained the reason for finding out the percentage of fimding the City provides for other organizations. We may need to arrive at a bottom line for funding from the City at which we can continue with our contract. We are doing the things that save government money- payroll, employee benefits, etc... This is a city facility and we are under contract to operate it. We are operating in the red to provide this service for the City at this time. We, as a board, need to open some discussion about the situation with the Chamber. The benefits of a merge would be increased staff and elimination of duplicated efforts. Ms. Ragan feels that the merge would end some of the conflict for competition of membership. Mr. Braun suggested getting a copy of the Soldotna merge information as well as the original reasons for the splits. We are fine-ttming POS system and working on better presentation of data as it pertains to the budget. ® CVB and KVCC updates - We've been helping a bunch of travel writers. Ms. Bowen does a great job of setting up itineraries with our members. It is a bad year for visitors, but our count is up 10%. We have a very strong word of mouth support. We will start creating a data base and encouraging people to be more vocal about their support. I. Board Comments: Mr. Bookey talked about a law suit between the City and the Boys and Girls club relating to their contracting ordinance code. Depending on the outcome, this facility could be affected because the same procedure was followed here. Ms. Brower commended Mr. Gease on such a fine job and wished we could work to be as positive as he. This is a tremendous facility and one of the things that makes this a tremendous community. Mr. West- August 2nd is the big celebration at the Wildlife RefUge at the Ninilchik fairgrounds. Industry is feeding people. Secretary of the Interior will be here and lots of press. Ms. Steckel- 4th of July at Seward had a Forest Service person with a telescope, skins, etc., and felt that was a great idea for mixing with tourism. As a public servant, you are a moving target and try to avoid criticism. The 4 principals are: do a good job, do a good job, do a good.job, then tell someone about it. Feels it is unfortunate that our bad press, is on the front page for the tourists to see. Doesn't feel that we are any competition for the type of store like the one Ms. Ragan has.. Meet with businesses and Chamber and do all we can to make that work. Strongest communications is th, e grape-vine. The more we as a community pull together, tourists will feel that and they will go home and tell their friends about it. Art show - it is so integral to Alaska. As we diminish arts in the community, we diminish the community. MI'. Fulton feels the Board is doing good and is satisfied with the programs and feels the community is also satisfied. It is the politics that are in the way. Would just like to see us keep going. Feels that the center is doing a great job. Ms. Ragan, same as Mr. Fulton- loves the art shows and all the programs. Even though we do have some competing inventory, doesn't care. And although she wouldn't like to see these items in every little store, it is just competition. At least we are having dialogue and that is good. Mr. Malston is all for the gift shop. We have discussed this to death over the last 10 years and feels it will work out. Mr. Braun feels that we are still fairly healthy. We all knew that there would be a day when we would be searching for additional revenues. We've been in tough shape before and have gotten out of it. J. Schedule of Next Board Meeting: September 15, 2003. K. Adjournment: Meeting adjourned at 7:58p.m. TO: FROM: DATE: RE' KENAI MAYOR AND CITY COUNCIL MEMBERS RICKY GEASE, EXECUTIVE DIRECTOR, KENAI CVB September 12, 2003 UPDATE FOR THE KENAI CVB AND THE KENAI VISITORS AND CULTURAL CENTER Kenai CVB' In addition to this monthly update, please see the document concerning the original grant for the Kenai Visitors and Cultural Center from Board President Fred Braun and myself. The Kenai CVB was awarded a VISTA volunteer position, which will start in December 2003 and mn through 2004. The three work project goals for the VISTA will be: 1) to establish a 501 c 3 organization for the museum component of the Kenai Visitors and Cultural Center; 2) work to expand www.visitkenai.com presence as a premiere travel website for Kenai and the peninsula, and explore options to make the site profitable to operate on-line; 3) present a series of seminars to member and local businesses on customer service, interact marketing and business planning. Due to budget constraints, the Kenai CVB has severely restricted its 2004 destination marketing advertising for the city of Kenai, from $20,000 to less than $5,000. The next board meeting of the Kenai CVB is on Monday, September 29, at 5:30 pm, and we have tentatively scheduled an informal joint board meeting between the Kenai CVB and Kenai Chamber of Commerce boards of directors for the following day on Tuesday, September 30 at 5:30 pm to discuss the pro's and con's of possible merging organizations for 2004. Kenai Visitors and Cultural Center: Museum Summer Recap Summer 2003 was another four months of jam-packed activities in the Kenai Visitors and Cultural Center's museum. Summer Interpretive Programs Our annual Summer Interpretive Programs featured 40 presentations over the course of June, July and August. On Mondays, we feature Science on the Kenai, Wednesday is Arts on the Kenai and Friday is Alaska Heritage Day. We estimate 1,000 people - many visitors to our city- took part, though there's always room for more, and it makes the perfect afternoon activity for your visiting clients or guests to get to know the Kenai area better. All programs are free to the public. The most popular presenter each summer is Alaska's Troubadour, Hobo Jim, who graciously plays one Wednesday a month in our conference room gallery. Up to 130 people make Jim's shows standing-room-only events. While many have heard Jim, more have only heard of him, and a few don't have a clue who he is. To see them be won over by the Hobo's charming, touching and humorous songs about life in Alaska is a great sight. Other programs this summer included tips on gardening, bird watching, geology, and a presentation on the west Cook Inlet commercial clamming industry's heyday - and that was just during our science Mondays. In addition to Hobo Jim, Wednesdays featured a talk on Moose Pass' "Alaska Nellie," a colorful roadhouse owner from early in the last cemury; quilting while . on the road; a look at the Margaret.Menting Yupik Grass Basket ColleCtion; a concert by the Kalgin Island Quartet and techniques for doing artwork in watercolor, acrylic and in the computer. Fridays offered a rich selection of programs, as well, including a couple of classes on fly-tying and lake fishing on the Kenai; how to make tools and fire the way Natives did before Western contact; birch-bark basket making; Yupik dress and customs; early Alaska aviation; and a multi-discipline Dena'ina looking to the past and to the future. We thank all of our presenters from across the peninsula and elsewhere in the state for their willingness to volunteer their time and energy to make these presentations possible. Summer Student Art Workshops Nearly 100 youth, ages 5 to 13, participated in our Summer Student Art Workshops, held four Saturdays this summer. Certified art educator Stephanie Cox worked two sessions each Saturday, mornings with those 5 to 9 years old and' afternoons with those 9 to 13. Topics included Mexican Yam Painting, watercolor and acrylic painting, drawing, collages and printmaking, among others. The Boys and Girls Club in both Kenai and Soldoma brought several groups- about another 100 kids - through the building during the summer. The students learned about the history of Kenai in the cultural history area, as well as about contemporary wildlife art in "Alaska 2003' A Celebration of Wildlife Art," by participating in the "scavenger" hunts created by the Kenai Peninsula Borough School District's art education specialist, Debbie Harris. Harris herself guided over 700 students of all grade levels through the exhibit in May and again in September, brining the total number of youth viewing the exhibits to nearly 1,000. "Alaska 2003' A Celebration of Wildlife Art" Our fourth annual major summer art exhibit once again proved to be a raging success, and a Significant magnet bringing visitors into Kenai. Curated by Dr. David Wartinbee of Kenai Peninsula College, "Alaska 2003: A Celebration of Wildlife Art" featured all original paintings by the absolute best artists worldwide in the wildlife genre. The 77 paintings ranged in price from $800 to $55,000. About a dozen sold, yielding a 25 percent commission to the Kenai CVB. The exhibit was featured prominently in "Exploring Alaska with Paul Gray," aired four times statewide on KIMO TV, as well as an arts feature piece on the KTUU Channel 2 Evening News. After each airing a surge in visitors from Anchorage was seen. "Alaska 2003' A Celebration of Wildlife Art" was also the subject of a major feature piece in the Anchorage Chronicle, a weekly published in Anchorage. "Bounty of the Sea" For our fifth annual art exhibition in 2004, retired University of Alaska Anchorage art professor Bill Sabo has been brought on board to guest curate. The theme is "Bounty of the Sea," and will be another invitational exhibition, with Sabo selecting the'artists who will participate. The main criteria- after being an excellent artist, of course - is that they must be from Alaska, or have a strong connection to it, and, their work must not have shown at the Kenai VCC before. "Bounty of the Sea" can include any activity, person or animal in, on, under or near the water- along the lines of"2001' A Fish Odyssey," but a little more wide open. TO- KENAI CITY MANAGER/CITY ATTORNEY/CITY COUNCIL FROM: FRED BRAUN / RICKY GEASE, KENAI CVB DATE' August 29, 2003 ORIGINAL GRANT FOR KENAI VISITORS AND CULTURAL CENTER AND ISSUES OF PROFESSIONAL MANAGEMENT CONTRACTS Meeting to discuss management issues. On August 26, Fred Braun, board president of the Kenai CVB, and Ricky Gease, its executive director, met with city manager Linda Snow and city attorney Cary Graves to discuss the original grant for the construction and operation of the Kenai Visitors and Cultural Center. Issues discussed were the professional management contract with the Kcnai CVB and the city of Kenai for operations of the facility and the current revenue shortfall; the terms of the original grant and limitations / liabilities with the Department of Commerce- Economic Development Administration; and any legal concern with reorganization, consolidation and / or expansion of the current Kenai CVB organizational structure. Lack of gaming revenues. The Kenai CVB requested the meeting because at the present time it is facing financial difficulties with a shortfall of charitable gaming revenues, which has put a strain on its resources for proper management of the Kcnai Visitors and Cultural Center. Such revenues have historically been the mainstay of the organization. Over the past three years the net revenues from gaming have ridden a wave of higher than expected profits, which crested in 2001 with earnings of $210,000 (mainly due to the Very large CI~ dividend to its shareholders) and $140,000 in 2002. In 2003 we project having less than $80,000 in revenues fi'om charitable gaming. Reasons for the precipitous decline in revenues from gaming include the current national recession and increased competition fi'om other non-profit organizations going into pull-tab operations. Although our revenues from bingo are actually up this year compared to other years, it is the large drop in pull-tab revenues than is hurting net gaming revenues. Non-profit gaming may be in jeopardy altogether. In addition to a forecast of continued limited revenues fi'om gaming in future years (it doesn't look like the trend for more pull-tab parlors will abate any time soon), the state of Alaska has proposed a series of charitable gaming proposals that may seriously jeopardize future revenues. One issue is the proposed 5% state gaming tax on gross proceeds, which would effectively tax half of all pull-tab profits. We estimate our net revenues would be decrease by 40 to 50% if this change is passed. Currently the legislation has passed the House and is sitting in the Senate Finance Committee for consideration. Another proposal is for electronic gaming to be introduced in liquor establishments exclusively- how this will affect non-profits is an open question at the moment because there are many questions about its implementation. However, one can be reasonably sure it will even reduce further pull-tab sale revenues to non-profits. Another proposal being discussed is a statewid¢ lottery- this would also have an effect on pull tab revenues. Overall, the outlook for being able to continue to rely on charitable gaming to fired a majority of the operations at the Kenai Visitors and Cultural Center seems shaky at best. Review of original grant. In review of the original grant for the construction of the Kenai Visitors and Cultural Center, the city of Kenai and the Kenai CVB were co-applicants to the U.S. Dept. of Commerce Economic Development Administration (EDA). The grant award was for $800,000 fi'om EDA with the city of Kenai providing matching funding. The useful life of the building is scheduled for twenty-five years (we are in year 12 of operations in the facility). The city of Kenai had the financial and management responsibility of building the facility and it is the responsibility of the Kenai CVB to manage and maintain the facility. Should the Kenai CVB be unable to operate the facility for any reason, the city of Kenai will assume the responsibility for management and maintenance of the facility. It would be my understanding of the grant requirements that the facility be used in accordance with the stated mission of the grant as a visitors and cultural center until 2016, at which time the EDA primary lien against the facility will expire. To date the mission of the facility has been successfully accomplished and the Kenai Visitors and Cultural Center has served as a visitor attraction for the city of Kenai and has added value to the visitor industry of the greater Kenai area. Uses of facility. In the grant it states the facility will provide a visitor information center, a multi-use area for cultural and historical eXhibits, and an audio-visual room and a meeting room to accommodate small conferences. The facility is to be open on a year-round basis. Of interest in the initial programmed areas for the facility there was to be space for reception / gift shop area, visitor information storage, a director's office, a chamber of commerce office, a conference room, artifact storage / preparation, cultural exhibition and additional museum exhibit areas, central exhibition hall, video / viewing area, prep kitchen, restrooms and other mechanical uses. Staffing levels. Staffing projections for the facility were an executive director, an administratiVe assistant, two visitor services specialists, one museum coordinator, and three seasonal summer employees, at an estimated starting salary payroll of $90,000 (which adjusted for just inflation would be about $132,000). For the most part this is consistent with the current staffing structure of the Kenai CVB - an executive director, one part-time office manager (accountant / office manager), one visitor services manager, on6 museum manager and three summer seasonal employees. The current payroll for such staffing is about $165,000 (includes payroll taxes). We recently have had a staff reduction of a second museum personnel, that of the curator of the permanent collections. The projected maintenance budget (utilities, janitorial services, maintenance and supplies) was at about $25,000 (adjusted for inflation this number would be about $36,000). The current budget for utilities and maintenance by the city of Kenai is about $40,000. Proposed facility revenues. In the original budget projections, revenue monies were expected to come from exhibit area entrance fees, gif~ and souvenir sales, Federal / State / Municipal and Borough grants, membership / patron fees and lease of space / staff assistance to the Greater Kenai Chamber of Commerce. Currently we do receive monies from entrance fees, gift and souvenir sales, state and municipal grants, and monies from corporate patrons (but not from membership or other individual patron fees at this time). We do not at this time lease space or give staff assistance to Kenai Chamber of Commerce. Museum store. It is interesting to note' in light of comments during the past summer concerning sales from the museum store, that embedded into the ori~nal grant document submitted by the city of Kenai and the Kenai CVB is that the facility will sell gifts, souvenirs and other sales items to visitors. Also, in the supporting docUmentation of how it will benefit emplOyment in the region is that local artists will be able to sell their crafts in the facility. In 1994 Bernie Richart stated in regards to this issue that he could not see how a reasonable person could fault the Center for offering items for sale which, in fact, help defray some of the expenses of the operation, noting that "this is a common and acceptable practice in which virtually all such centers engage." Museum status in regards to the facility. Another issue of interest is the museum services portion of the grant. The museum collection at the old Fort Kenay was moved into the center to be the core around which an expanded permanent collection would develop. The museum collection was moved out of Fort Kenay for security reasons, proper care of artifacts and space considerations. The center was designed around the concept of being a museum facility and the majority of floor space was specifically reserved for this purpose. Ricky Gease brings this up because over the course of his tenure here since 1998 he has suggested that the Kenai Visitors and Cultural Center work towards becoming an accredited museum through the American Association of Museums. Museum accreditation 'has not been actively pursued thus far through the mistaken belief that this would somehow be against the original purpose of the grant. Museum is a core component of center. UpOn reading through the grant, we find that the concept of a museum within the facility is a core component and the major reason why the facility was approved of as a project in the first place. We can find no reason in the original grant why the Kenai Visitors and Cultural Center should not proceed with the course of action of becoming an accredited museum. Such a course of action, when completed, would allow the center to apply for Federal grants on a competitive basis with other accredited museums. In the grant, there are at least three primary reasons for approval based upon the museum concept: 1) the central peninsula lacked a cultural facility along the lines of the Pratt Museum in Homer; 2) the Kenai Visitors and Cultural Center would not be duplicating the mission of the Soldotna Visitor Information Center, a mere ten miles away, because it had embedded into a museum extfibition area; and 3),local native organizations, such as the Kenaitze Indian Tribe, SalamatofNative Association and the CI~ Foundation, spoke of needing a museum facility to display culturally significant artifacts and do cultural performances. Thus the notion that the Kenai Visitors and Cultural Center is not portrayed as a museum in the original grant is mistaken. The concept of being a museum is one of the core "use" rationales of the multi-use concept for the facility. Additionally, the expansion areas designated for furore use, which were indicated as areas added on to either end of the facility, would be for primarily for museum uses. Implications of revenue shortfalls. In light of the shaky foundation for a continuing reliance on gaming revenues being a primary funding mechanism for operations at the Kenai Visitors and Cultural Center, the Kenai CVB board of directors will be examining possible action plans to deal with this shortfall. The success or failure of these possible action plans is of concern to the city of Kenai because if the Kenai CVB does not succeed for any reason in being able to operate the facility then the full burden of that responsibility falls on the city of Kenai. At such point the city of Kenai would be solely responsible for funding the visitors and cultural center on a year-round basis. If the city did not or could not meet that obligation, then it would fall in default of its grant obligation to EDA of operating the facility over the course of its twenty-five year useful life expectancy. Possible courses of action. Closure of the Kenai Visitors and Cultural Center in response to the revenue shortfall is a risky course of action, in that such a move would put the facility in default of the original ~ant. Significantly deviating fi'om the original mission of the facility to provide visitor and cultural services to visitors and residents is also a risky course of action for the same reason. In reviewing the original grant, two potential pathways noted in that grant are under consideration now by the Kenai CVB' 1) start a 501 c 3 non-profit organization to facilitate fundraising and operations of the museum portion of the facility; and 2) look at consolidation and/or parmership with the Kenai Chamber of Commerce. 501 c 3 non-profit organization for the museum. In the proposed budgets of the original grant, memberships and patronage is listed as a revenue stream for the facility. Currently, the Kenai CVB is a 501 c 6 membership based organization and does have 190 paying business members, but their dues go primarily to services provided to them as members, only a portion of which is to promoting their business brochures in the center. One benefit of a separate 501 c 3 organization would be to set up a separate membership base for the facility for individuals' Corporate in-kind and cash sponsorship to the facility last year was over $20,000, so that has been a successful avenue for revenues. Another benefit of the 501 c 3 designation is that it would allow for more access to charitable grants from private foundations, such as the Rasmuson Foundation, which do not give funding to 501 c 6 organizations. Such a course may realize $2,000 to $5,000 in individual memberships and.an unknown mount of money through grant requests. As a grant comparison, the Pratt Museum, an accredited museum, recently received a $125,000 grant through the Rasmuson Foundation for one permanent exhibition display. The Pratt Museum has a long history of receiving grants as an accredited 501 c 3 museum organization. The Kenai CVB has been awarded a VISTA volunteer for 2004 and one of the areas for the work program will be to research and set up a 501 c 3 museum organization and map out the management structure between the Kenai CVB and the new organization with regard to the operations of the Kenai Visitors and Cultural Center. Consolidate or partnership with the Kenai Chamber of Commerce. There has been recent discussion of the Kenai CVB and the Kenai Chamber of Commerce looking at the pros and cons of consolidating back into one organization, which would save on overhead and potentially save on payroll costs. Both organizations are 501 c 6 membership associations with an overlap in missions to promote economic development for the greater Kenai area. A thorough analysis has yet to be made as to potential cost savings, if any, would be realized through a merger of these two organizations. The Kenai CVB and the Kenai Chamber of Commerce will be reviewing this issue over the course of the fall. In the original grant proposal, the Kenai Chamber of Commerce is listed as having office space within the facility and operated as one organization prior to the Kenai CVB's incorporation in the 1980's as a separate organization. It is a common organizational structure in smaller communities for both the chamber and the visitor bureau to be under one organizational structure. Continuing dialogue necessary. As the Kenai CVB deals with the revenue shortfalls in its charitable gaming activities, continuing dialogue between the city and the bureau will be necessary to formulate a workable action plan. The Kenai CVB is willing to meet at the convenience of the city of Kenai during the upcoming months to take proactive measures to ensure that the Kenai Visitors and Cultural Center remains one the premier visitor and cultural attractions on the Kenai Peninsula. Currently the funding shortfall fi'om charitable gaming is placing a large strain on the budget of the Kenai CVB and will, if ignored for too long, impair the ability of the organization to carry out its contractual duties to professional manage the Kenai Visitors and Cultural Center on behalf of the city of Kenai. We are willing to work in step with the city to avoid that unfommate situation from becoming a reality. II Kenai Peninsula Arctic Winter Games 2006 Host Society ¢-% Agenda August 14, 2003~5:00 p.m. Regular Meeting CARTS Office, Soldoma, Alaska me CALL TO ORDER President Bagley called the meeting to order at 5:06 p.m. B. ROLL CALL Ce De Ee The following directors were present: Dale Bagley Pete Sprague Joe Moore Jack Brown Donna Peterson Becky Foster Jennifer Beckmann Kathy Gensel Andrew Carmichael Mark Gregory Dena Cunningham Allan Miller Gary Hale Bill Popp Colette Thompson Tim Navarre Deb Holle Rickey Gease Para Howard The following directors were absent: David Carey Bob Jones Jack Cushing Rosalie Tepp APPROVAL OF AGENDA Mr. Popp moved to approve the agenda. Ms. Beckmann seconded and it was passed unanimously. APPROVAL OF MINUTES Mr. Popp moved to approve the minutes of the July 17, 2003 meeting. Ms. Thompson seconded and it was passed unanimously. COMMITTEE REPORTS .. 1. Revenue Development-approval and acceptance of contributions. Mr. Popp requested the Board to approve $172,000 in contributions from five local businesses. Mr. Brown moved to approve the donations. Mr. Gregory seconded the motion and it was passed unanimously. F. OLD BUSINESS G. · NEW BUSINESS 1. Approve purchasing procedures. Mr. Popp presented to the Board a comprehensive purchasing procedures document. Mr. Brown moved to adopt the purchasing procedures. Ms. Beckmann seconded the motion and it was passed, unanimously. 2. Authorize the President to spend up to $10,000 to hire an administrative assistant and set up an office. Mr. Carmichael moved to authorize the President to spend up to $20,000 to hire an administrative assistant and set up an office. Ms. Holle seconded the motion and it was passed unanimously. 3. Approve the hiring committee's recommendation for an administrative assistant. President Bagley provided the Board with a report regarding the hiring committee's recommendation for Administrative Assistant. After receiving 30 resumes and interviewing 5 applicants, the committee recommended selecting Ms. Terri Nettles for the position. Mr. Navarre moved to go into Executive Session for the purpose of discussing personnel issues. Ms. Cunningham seconded the motion and it was passed unanimously. After the Executive Session, President Bagley called the meeting back to order. Ms. Holle moved to accept the hiring committee's recommendation and authorize the President to negotiate a salary with Ms. Nettles, not to exceed $20 per hour. Ms. Beckmann seconded the motion and it was passed with a vote of 17 Yes and 2 No. 4. Approve the quarterly report. President Bagley and Mr. Brown presented a quarterly report to the Board for approval. Mr. Popp moved to approve the quarterly report that will be distributed to the AWGIC and the Kenai Peninsula Borough Assembly. Ms. Holle seconded the motion and it was passed unanimously. 5. Approve an agreement between the Kenai Peninsula Borough and the Host Society. Ms. Thompson presented the Board with an agreement between the Kenai Peninsula Borough and the Host Society. Mr. Brown moved to approve this agreement. Mr. Popp seconded the motion and it was passed unanimously. 6. Start the process to hire a general manager. He Jo Mr. Popp moved to authorize the Executive Committee to develop a process to hire a general manager and bring back a recommendation to the Board. Ms. Beckmann seconded the motion and it was passed unanimously. 7. Authorize the executive committee to develop a professional services agreement with a fund raiser. Mr. Popp moved to authorize the Executive Committee to develop a professional services agreement with a fund raiser and bring it back to the Board for approval. Ms. Beckmann seconded the motion and it was passed unanimously. 8. Approve alternates. Mr. Sprague moved to approve Betty Glick as his alternate. Mr. Brown seconded the motion and it was passed unanimously. Mr. Moore moved to approve Bob Frates as his altemate. Mr. Brown seconded the motion and it was passed unanimously. 9. Board, Staff and Volunteer Policies Guide. Mr. Popp presented to the Board a Board, Staff and Volunteer Policies Guide. Mr. Navarre moved to approve this policy guide. Ms. Beckmann seconded the motion and it was passed unanimously. 10. Non-exempt status of the administrative assistant. Mr. Gregory made a motion to make the administrative assistant a non-exempt employee until further Board action. Ms. Holle seconded the motion and it was passed unanimously. 11. The dual role of the President. Ms. Thompson made the motion that the President, in the absence of the general manager, is the acting general manager. Mr. Popp seconded the motion and it was passed unanimously. PUBLIC COMMENTS Several members of the public expressed their appreciation of the Host Society's efforts. BOARD MEMBERS COMMENTS NOTICE OF NEXT MEETING and ADJOURNMENT President Bagley stated that the next meeting of the Host Society would be on September 11, 2003 at 5 p.m. at the Cart's Office. Introduced bY: Date: Action: Vote: 09/16/03 KENAI PENINSULA BOROUGH RESOLUTION 2003-104 A RESOLUTION AUTHORIZ~G THE KENAI PENINSULA BOROUGH TO ENTER INTO AN AGREEMENT WITH KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY WHEREAS, the Arctic Winter Games is an international cultural and sport event designed to develop northern sports at both the competitive and recreational levels, with the purpose of encouraging maximum participation by all cultures in the arctic region in a broad range of athletic activities and to stimulate the development of' blossoming athletes; and WHE~AS, in March 2003, the Kenai Peninsula Borough was notified that it had been awarded the 2006 Arctic Winter Games; and WHEREAS, in Resolution 2003-044, the Kenai Peninsula Borough Assembly authorized the mayor to enter into a contract with the Arctic Winter Games International Committee to conduct the 2006 Arctic Winter Games, to form the Host Society, an independent nonprofit organization that conducts the winter games; and WHEREAS, in Ordinance 2003-24, the Kenai Peninsula Borough Assembly authorized the borough to exercise economic development powers to form the Host Society and conduct the Arctic Winter Games in the Kenai Peninsula Borough in 2006 pursuant to the contract with the Arctic Winter Games International Committee; and WHEREAS, in Ordinance 2003-19, the assembly appropriated $200,000 for use in preparing to conduct the Arctic Winter Games in 2006; and WHEREAS, the Kenai Peninsula Arctic Winter Games 2006 Host Society was incorporated June 20, 2003; and WHEREAS, in accordance with the contract entered between the Kenai Peninsula Borough and the Arctic ~Winter Games International Committee, the borough may enter into a contract with the Host Society that delineates the Host Society's and borough's respective responsibilities in preparing for and staging the Arctic Winter Games; Kenai Peninsula Borough, Alaska Resolution 2003-104 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the borough mayor is authorized to execute the accompanying contract with the Arctic Winter Games Host Society, a copy of which shall be kept on file with the borough clerk's office. SECTION 2. That this resolution shall take effect immediately upon its enactment. ADOPTED BY TI-IE ASSEMBLY OF TItlg I~NAI PENINSULA BOROUGH TI-IIS 16TI-I DAY OF SEPTEMBER 2003. Pete Sprague, Assembly Presidem ATTEST: Linda S. Murphy, Borough Clerk Resolution 2003-104 Page 2 of 2 Kenai Peninsula Borough, Alaska 77 KENAI PENINS.ULA BOROUGH ¥,.X ~eO,.,.~ ,. 144 N. BINKLEY · SOLDOTNA, ALASKA-- 99669-7599 ... ~~"°" -~.~~ BUSINESS (907)2t32-4441 FAX (907)262-1892 MEMORANDUM DALE BAGLEY MAYOR TO: Pete Sprague, Assembly President Members, Kenai Peninsula Borough Assembly THRU: Z~ Dale Bagley, Mayor FROM: ~olette'Thompson, Borough Attomey ... DATE: September 4, 2003 SUBJECT: Resolution 2003-/~ authorizing the borough to enter into an agreement with the Kenai Peninsula Arctic Winter Games 2006 Host Society This resolution authorizes the mayor to enter into the accompanying proPosed agreement with the Arctic Winter Games Host Society to stage the Arctic Winter Games in 2006. The vast majority of this contract is adopted from the contract between the borough and the Arctic Winter Games International Committee ("International Committee") approved by the assembly in Resolution 2003-044. In that agreement, the borough agrees to perform certain specific functions in order to stage the games. In this contract, the Host Society agrees to perform many of those fimctions on behalf of the borough and to ensure compliance with the International Committee contract. It should be noted that this contract will be presented to the Host Society board for approval at its meeting scheduled for September 11, 2003. If any changes are recommended by the Host Society board, those will be presented to the assembly by the September 16, 2003, assembly meeting. 9/4/03 DRAFT VERSION AGREEMENT BETWEEN KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY, INC. KENAI PENINSULA BOROUGH THIS CONTRACT is entered imo on this~ day of ,2003 between the KENAI PENINSULA BOROUGH, 144 N. Binkley, Soldoma, Alaska 99669 (hereinafter "Borough") and the Kenai Peninsula Arctic Winter Games 2006 Host Society, , Alaska , (hereinafter "Host Society"). WITNESSETH: WHEREAS, the Arctic Winter Games Imemational Committee, hereinafter the "Committee" is the registered copyright holder of the name "Arctic Winter Games", the Arctic Winter Games Symbol and the Arctic Winter Games medal design, and is the permanem governing body of the Arctic Winter Games; and WHEREAS, the borough submitted a bid to stage the 19th'Arctic Wimer Games in the Kenai Peninsula Borough, and in the municipalities of Kenai, Soldoma, and Homer; and WHEREAS, the Committee awarded the staging of the 19th Arctic Winter Games, hereinafter "Games" to the Borough to host the Games in March 2006 subject to certain terms and conditions as contained in an agreement executed April 16, 2003 by the Borough and the Committee ("KPB-IC Agreemem")' and WHEREAS, paragraph 36 of the KPB-IC Agreement requires the Borough to enter into a formal arrangement with the Host Society to give effect to the terms and conditions of that agreement, requiting the Host Society to abide by the terms of that agreement, and providing for the fight of' the borough and municipalities to override decisions of the Host Society if necessary in the best interests for the conduct of the games; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and subject to the conditions herein set forth, the parties hereby agree as follows' ARTICLE ONE ENGAGEMENT Appointment: The Borough hereby contracts with the Host Society to manage and stage the Games in accordance with the terms and conditions of this contract. -1- 79 e o Term: Subject to the terms and conditions set forth herein, this Contract shall take effect upon the date set forth at the end of this contract and shall continue in full force and effect until March 31, 2007, or until all requirements contained in this contract and other documents incorporated herein by reference are fully and finally satisfied, whichever occurs first. Upon written agreement of the parties, the contract may be extended for an additional six-month term. Relationship Between the Parties: The Host Society and the Borough shall cooperate with each other in good faith to carry out the purposes of thi~' Contract. , e ge ¸4. o .6. ARTICLE TWO HOST SOCIETY SERVICES Manage and Stage Games: The Host Society agrees to manage and stage the 19th Arctic Winter Games during the month of March 2006, in accordance with the terms and conditions contained in this agreement and the KPB-IC Agreement. If there is a conflict between this agreement and the KPB-IC Agreement, the KPB-IC Agreement shall govern. It is understood and agreed that this agreement compels the Host Society, on behalf of the Borough, to perform most functions required of the Borough in the KPB-IC Agreement. Borough control: The Host Society agrees that the Kenai Peninsula Borough retains the fight to override the decisions of the Host Society if necessary in the best interests for the conduct of the Games. The Host Society is responsible to and controlled by the Borough as provided in paragraph 2 of the KPB-IC Agreement. Host Society Board of Directors' The Board of Directors of the Host Society shall include one member who is an Assembly member, the Chief Administrative Officer, or a department manager of the Borough. At least one member of the Committee and/or designee, resident in Alaska, shall be an ex officio member of the Board of Directors of the Host Society. Funding: The Host Society shall be responsible for obtaining adequate funds and donations of services, materials and equipment to meet the budget forming part of the Borough's bid to the Committee, which was presented in January 2003. Staging Cultural Program, Social Events and Sporting Displays' The Host Society, in conjunction with the Borough, shall stage as pan of the 19th Arctic Winter Games, a program, acceptable to the Committee, which will include cultural events, exhibitions, social events, and sporting displays and shall present this program to the Committee for approval not later than October 1, 2005. The Host Society agrees to adhere to the hosting guidelines as outlined in the Committee's Staging Manual. Reports..: The Host Society shall provide to the Borough and the President of the Committee, on at least a quarterly basis, the following documents: ao Copies of current financial reports including Balance Sheets, Revenue and Expense Statements, and Budget Forecasts. -2- o e , be Written repons to the Borough and the President of the Committee of its activities and problems experienced. Further the Host Society shall answer to any specific inquiries addressed to it by the Committee, so that the Committee will be sufficiently informed of the Host Society's progress and in a position to offer assistance where required. Meetings with Host Society: .requirements: The Host Society agrees to the following meeting The Host Society shall meet with the Directors of the Committee at the Committee's Directors' request. In particular, it is anticipated that meetings will be convened during the fall of 2004, the spring and fall of 2005, and January of 2006. At the spring and fall meeting in 2005 the Committee will formally receive verbal and written repons from Host Society personnel including the Manager, Sports Coordinator, Cultural Coordinator, and Committee Chairs as requested by the Committee. The Committee may, in its discretion, decide not to convene certain anticipated meetings or alternately to delegate a sub-committee to meet with the Host Society. be The Host Society Manager, Sports Coordinator, and other appropriate personnel (either volunteer or staff) shall meet with the Chefs-de-Mission and Committee Technical Director at any meetings scheduled in advance of the Games by the Technical Director and shall attend all meetings convened by the Technical Director during each day of the Games. The Host Society Manager, Cultural Coordinator, and other appropriate personnel shall meet with the Committee's Cultural Program Director and Chefs-de-Mission or their representatives at all meetings scheduled in advance of the Games and shall attend all meetings scheduled by the said Director during Games Week. de The Executive Committee or other group of the Host Society which will be responsible for directing, managing and coordinating the Games during Games Week shall include in its meetings and meet with the International Committee's Host Society Liaison Director for the purpose of enhancing overall communications between the two organizations. Minutes' The Host Society shall keep minutes of all executive meetings and of any general meetings of its board. Although these minutes need not be verbatim, they shall be of sufficient detail to disclose the tenor of discussions on agenda items and not merely a record of the motions and resolutions presented at a given meeting. The Host Society shall provide to the Borough and all members of the Board of Directors of the Committee copies of the minutes of all meetings. Liaison: The Host Society shall establish proper liaison with the Committee as required by the Borough and Committee, and specifically with any directors of the Committee designated by it to oversee specific functions. Further the Host Society shall ensure that liaison is established with the next Host Society hosting the 2008 Games. -3- 81 10. 11. 12. Attendance at 18th Arctic Winter Games' The Host Society agrees to send the Games Manager and such other representatives of the Borough and Host Society. as it deems appropriate to the 18th Arctic Winter Games in 2004 to be staged in Regional Municipality of Wood Buffalo, Alberta, Canada, for the purpose of obset;ving and studying the manner in which the Games are staged. Facilities' The Host Society .shall ensure that adequate facilities, in the opinion of the Committee, shall be provided for staging of all sports, awards presentations, ceremonies and cultural events and for the accommodation and dining of participants as are required.. ao Without limiting the generality of the foregoing, the Host Society shall take all necessary steps to ensure that all necessary educational, government or privately owned or operated facilities and equipment are obtained or made available 'for the 19th Arctic Winter Games. It is specifically understood that the Committee shall have final approval for all proposed sporting venues. be Without limiting the generality of the foregoing, the Host Society shall ensure that sufficient accommodation of acceptable standards in the opinion of the Committee shall be available to house the athletes, coaches, officials, and guests of the 19th Arctic Winter Games. Ticket and Transportation Systems: The Host Society shall enSure that an adequate ticket or pass system and an adequate transportation system are established with a view to providing the athletes, coaches and officials' · Free access to all sports venues; · Free transportation from residences to all venues at the Games sites and retum to the residences. 13. 14. 15. Records: The Host Society shall maintain adequate records of its business affairs and shall ensure that official and accurate sports records are maintained for the 19th Arctic Winter Games; and it shall mm over to the Committde within thirty (30) days of the conclusion of the 19th Arctic Winter Games such of its promotional material, computerized registration and results, program, business and sports records as the Committee may require. Accountin~ at Conclusion: The Host Society shall account to the Borough and Committee in accordance with generally accepted accounting principles for its revenue and expenses within one hundred eighty (180) days of the conclusion of the 19th Arctic Winter Games. Manner of Conducting Games and Use of Logo: The I-tost Society shall ensure that the 19th Arctic Winter Games are staged in a dignified manner, and shall prevent any undue commercial or political exploitation thereof, and shall forthwith inform the Committee of any commercial or political exploitation thereof, or unauthorized reproduction of' the name "Arctic Winter Games," the Arctic Winter Games Symbol, the Committee flag design, the Arctic Winter Games Committee "logo use" policy, or other Committee properties. The Arctic Winter Games International Committee Logo shall be the predominant logo of the -4- 16. 17. 18. 19. 20. 21. 22. Games, and its use shall be in compliance with the terms and conditions of the KPB-IC Agreement. Exclusive Sporting Event: The Host Society shall ensure that the 19th Arctic Winter Games shall be operated as an independent event as required by the KPB-IC Agreement. Additionally, the Host Society shall ensure that the 19th Arctic Winter Games shall not include a State, Regional or National championship in any sport, nor shall any kind of championship or other sport event be staged by or on the premises of the Borough, School District, or any Municipalities within or near the' Borough area during the period of the Arctic Winter Games, except with the prior written approval of the Committee. The Host Society shall take all reasonable steps to prevent private organizations from conducting any such events during the period of the Arctic Winter Games. Installation and Operation of Equipment: The Host Society shall ensure that all necessary personnel and logistical support are provided for the installation and operation of equipment used in sports competition and other events associated with the Arctic Winter Games. Medals' The Committee shall provide sufficient gold, silver, and bronze A~ctic Winter Games medals to the Host Society for awards in all of the sports listed in the technical package and may, in its discretion, provide medals for coaches, officials, and mission staff. The Committee shall submit, an invoice for the cost of all medals to the Host Society, which shall be responsible for payment of same. Catering Facilities and Menus: The Host Society shall ensure that there are adequate catering facilities to a standard acceptable to the Committee for feeding the athletes, coaches, officials, mission staff, and guests taking part in the Arctid Winter Games. Specifically, the Host Society shall make available a selection of a minimum of two (2) entrees at each evening meal and Rmher specifically shall provide the Committee with a proposed menu not later than October 1, 2005. Video Production: The Host Society shall cause to be produced within six (6) months of the closing of the 19th Arctic Winter Games, at its expense, a professionally produced video (CD, DVD, or VHS or other technology of similar or better quality) depicting the 19th Arctic Winter Games. The video shall be of such size, content, language, style, format, and distribution as is approved in writing by the Committee, and up to two thousand five hundred (2,500) copies, or such lesser quantity as it may specify, shall be delivered to the Committee free of charge. Opening and Closing Ceremonies' The Host Society acknowledges the importance to the Games of the opening and closing ceremonies, and agrees to conduct the opening and closing ceremonies of the Games in accordance with the directions set out in paragraphs 19a - 19j of the KPB-IC Agreement. Identification of Sports Venues: The Host Society shall ensure that each sports venue and other places associated with the Games are decorated and identified with flags, banners and signs, in accordance with the Arctic Winter Games Staging Manual, and shall attempt to -5- 83 23. 24. 25. 26. 27. 28. 29. 30. 31. have at every sporting venue a public address announcer who can introduce the competitors, announce results and make other public service announcements. Special Guests' The Host Society agrees to satisfy the requirements in the KPB-IC Agreement, paragraph 21, regarding Special Guests on behalf of the Borough. Hospitality Suites: In addition to reserving a hospitality suite for officials and a hospitality suite for mission staff, the Host Society shall reserve a lounge for coaches in the Athlete's Village or Villages. ~. Changes in Number of Participants, Guest Units and Sports: The Host Society recognizes and agrees that the Committee has reserved the fight to change the number of athletes, coaches, mission staff, and guest units, and to select the sports and sports categories for the Games as set out in paragraphs 23(a), (b) and (c) of the KPB-IC Agreemem. Compliance with Proposal for' Staging the 19th Arctic Winter Games: Subject to the successful negotiation 0f contracts with the municipalities of Kenai, Soldoma, and Homer, as may be necessary, the HoSt Society warrants, covenants, and agrees that no substantial depmmre shall be made from the proposal for staging the 19th Arctic Winter Games in the Kenai Peninsula Borough and the Municipalities of Kenai, Soldoma, and Homer as represented to the Committee in the Borough proposal of January 2003, without first obtaining the consent of the Committee. Hotel Accommodations and Car Rentals for the Committee: For all meetings with the Host Society and or the Kenai Peninsula Borough and the Municipalities of Kenai, Soldoma, and Homer, the Host Society will be responsible for hotel accommodations and transportation in the community for the Committee. For the Games, hotel accommodations and car rentals will be provided for each Committee member four days prior to the start of the Games and for the duration of the Games. Capital Requirements: The Host Society shall take all reasonable steps necessary to ensure compliance with the capital requirements contained in paragraph 26 of the KPB-IC Agreement. Transportation Contingency Plan: The Host Society will develop and submit.to the Committee a transportation contingency plan for athletes competing in Alpine Skiing and Snowboarding in the event weather or other conditions require that they stay at the venue overnight. Advance Committee Approval Required: Where in this agreement anything must be done to the satisfaction of the Committee or requires the approval of th? Committee, the Host Society shall not proceed with or implement that thing without first fully apprising the Committee in that respect and obtaining the approval of the Committee. Communications with Borough and Committee: ao Generally, the Host Society shall ensure that the Borough and the Committee are fully informed, through its President, of all aspects of the preparation for and -6- 32. 33. 34. 35. 36. 37. staging of the 19th Arctic Winter Games and shall take all necessary steps to communicate adequately with the Borough and President of the Committee and/or his designee to achieve this end. b. All official correspondence may be done via email or facsimile where possible. General Manager, Sports Coordinator and Coordinator of Culture' The Host Society shall employ, ~at its expense, a full time General Manager for the 19th Games, commencing on or before December 15th, 2003; and finxher, shall employ a full time Sports Coordinator for the 19th Arctic Winter Games, commencing at least twenty four (24) months prior to the Games; and fitnl~er shall employ a full time Coordinator of Culture commencing at least twelve (12) months prior to the Games. The Host Society agrees to replace forthwith the General Manager, the Sports Coordinator, and/or the Coordinator of Culture upon notice in writing from the President of the Committee or from the Borough, wherein just cause for termination has been provided in accord with common law and other relevant law. Television Coverage' The Host Society agrees to arrange for television coverage of the 19th Arctic Winter Games to include and ensure the'widest possible coverage in Alaska, Greenland, Nunavik, Nunavut, NOrthwest Territories, and Yukon. The Committee will appoint a representative to the Host Society group responsible for negotiating these arrangements and will retain final approval authority on all broadcast agreements. Final Report: Upon conclusion of the Games, t~he Host Society agrees to prepare a Comprehensive Final Report evaluating the Games with a view to same being a resource for future host societies within sixty (60) days of the conclusion of the Games and to provide copies of the said report to each member of the Board of Directors on the Arctic Wimer Games International Committee and to the Borough. Assignabili _ty. The Host Society shall not assign any interest in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the Borough thereto. Interest of Host Society. The Host Society covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreemem. The Host Society further covenants that in the performance of this Agreement no person having any such interest shall be employed. Defense and Indemnification. The Host Society shall indemnify, defend, save and hold the Borough, its elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting from the Host Society or.the Host Society's officers, agents, employees, partners, attorneys, suppliers, and subconsultants' performance or failure to perform this Agreement in any way whatsoever. This includes but is not limited to claims for (1) personal injuries, (2) death, (3) economic loss, (4) property damages, whether tangible or intangible, (5) contract violations, (6) violation of statutes, ordinances, constitutions, roles or regulations, or other laws, (7) or any other kind of loss sustained by -7- 85 any person, or property arising from Consultant's performance or fa/lure to perform under this Agreement. This defense and indemnification responsibility includes claims alleging acts or omissions by the Borough or its agents that are said to have contributed to the losses, failure, violations, or damage. However, the Host Society shall not be responsible for any damages or claim arising from the sole negligence or willful misconduct of the Borough, its agents, or employees. 38. Permits, Laws and Taxes. The Host Society shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to the performance under this Agreement. All actions taken by the Host Society under this Agreement shall comply with all applicable federal, state, and local regulations including, but not limited to, those laws related to wages, taxes, social security, workers compensation, nondiscrimination, licenses, and registration requirements. The Host Society shall pay all taxes pertaining to its performance under this Agreement. 39. Insurance. The Host Society and all subcontractors; if any, shall be responsible for the purchase and maintenance of minimum insurance coverage as spe.cified in paragraphs A and B of this section. This insurance coverage shall be in acceptable form, for the amounts described below, and shall remain in effect for the life of this Agreement. This insurance shall be primary and exclusive of any other insurance carried by the Borough. m~ B, C, Do Commercial General Liability insurance shall not be less than $250,000 per occurrence. Commercial Auto Liability insurance shall not be less than $250,000 combined single limit bodily injury and property damage per occurrence. Event insurance in an mount acceptable to the Borough and International Committee, to be obtained for the Arctic Winter Games event. The Host Society shall not be required to obtain this coverage until it is available, but in any event not more than one year before the games are staged. Worker's compensation and employers liability insurance shall be provided for all Host Society employees perfonrdng work under this Agreement, in the amount required by Alaska statutes. Directors and officers insurance. Certificate(s) of insurance as described in paragraphs A, B, C and D of this section shall be provided by the Host Society, and certificates as described in paragraphs A and B by all subcontractors, or their insurance companies or their agents. The Borough shall be named as an additional insured on the policies specified in paragraph A, B and C for the work specified in this Agreement. Certificates of insurance, acceptable in form and content, will be delivered upon request to: Kenai Peninsula Borough Risk Management 144 N. B inkley Street Soldotna, AK 99669 -8- Ge H~ There shall be no cancellation or material change of the insurance coverage, or intent not to renew the insurance coverage as specified in this Agreement, without thirty (30) days prior written notice to the Borough. Notice of cancellation, material change in coverag_e, or intent not to renew will be delivered to the address designated in paragraph F of this section. Cancellation or material change in insurance coverage without written authorization by the Borough is a material breach of this Agreement. Upon renewal or change in policies during this Agreement, certificates of insurance shall be delivered to the address designated in paragraph F of this section. All policies will include a waiver of subrogation against the Borough. The Borough will not accept a tender of defense alleging bad faith. o o o . ARTICLE THREE BOROUGH REQUIREMENTS Liability InSurance· The Borough agrees to either extend its comprehensive general and liability insurance coverage to the Host Society or otherwise obtain comprehensive general and auto liability insurance for the Host Society as excess coverage for a value acceptable to the Committee and to have same in place for coverage during the 19th Arctic Winter Games. Coverage obtained by the borough shall exclude event coverage for the 19th Arctic Winter Games, unless otherwise agreed upon in writing by the parties to this agreement. Board Members: The Borough agrees to provide personnel as required by the KPB-IC Agreement to serve as members of the Host Society board of directors. ARTICLE FOUR MIYFUAL PROVISIONS Agreements with Third Parties: The Borough and Host Society shall mutually cooperate in negotiating and entering agreements with third parties as may be necessary to prepare for and stage the 19th Arctic Winter Games. It is anticipated that such third parties shall include without limitation the cities of Soldoma, Kenai and Homer for the successful staging of the Games. Modifications: The parties may mutually agree to modify the terms of this agreemem. Modifications to this agreement shall be incorporated into this agreement by written amendments signed by both parties. Jurisdiction; Choice of Law: Any civil action arising from this Agreement shall be brought in the superior court for the third judicial district of the state of Alaska at Kenai. The law of the state of Alaska shall govern the rights and obligations of the parties. Non-Waiver: The failure of the Borough at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provisions, nor in any way affect the -9- 87 So , Ti ge o 10. validity of this Agreement or any part thereof, or the right of the Borough thereafter to enforce each and every protection hereof. Agreement Administration: A, Bo The Borough Mayor, or his designee, will be the representative of the Borough administering this Agreement. The services to be furnished by the Host Society shall be administered, supervised, and directed by the Host Society"President or other party designated by the Host Society Board of Directors. In the event that the individual named above or any of the individuals idemified in the proposal to perform work under this Agreement is unable to serve for any reason, the Host Society shall appoint a successor in interest subject to written approval of the Borough. Integration. This instrument and all appendices, amendments hereto and documents incorporated by reference, embody the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties. Interpretation and Enforcement. This- Agreement is being executed by the parties following negotiations between them. It shall be construed according to the fair intent of the language as a whole, not for or against any party. The tides of sections in this Agreement are not to be construed as limitations or definitions but are for identification purposes only. Relationship of the Parties. The services to be rendered under this Agreement are those of an independent contractor. The Host Society will not at any time directly or indirectly act as an agent, servant or employee of the Borough or make any commitments or incur any liabilities on behalf of the Borough without the Borough's express consent. Severabilit¥. If any section or clause of this Agreement is held invalid by a court of competent jurisdiction, or is otherwise invalid under the law, the remainder of this Agreement shall remain in full force and effect. Notices. Any notice required pertaining to the subject matter of this Agreement shall be personally delivered or mailed by prepaid first-class, registered or certified mail to the following addresses: Kenai Peninsula Borough: Borough Mayor 144 N. Binkley Street Soldotna, AK 99669 Host Society: President P.O. Box 1659 Soldotna, AK 99669 -10 - The parties do hereby execute this agreement on the date(s) set forth below: KENAI PENINSULA BOROUGH HOST SOCIETY Signature By: Dale Bagley Its: Mayor Dated: Signatur~e By: Dave Carey Its' Vice-President Dated: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Borough Clerk Borough Attorney ACKNOWLEDGMENTS STATE OF ALASKA THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this ~ day of ,2003, by Dale Bagley, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this~ day of . 2003, by Dave Carey, Vice President of the Kenai Peninsula Arctic Winter Games 2006 Host Society, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires' -11 - AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 3, 2003 7:00 P.M. KENAI CITY COUNCrr, 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) ITEM C: Rv'._PORTS OF l, rp_n ASSm_MRLY, _LRGISLATORS AND COUNCILS ITEM D: . PUBLIC HEARINGS 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: CO_.MM_ISSION/COMMI~EE REPORTS . 2. 3. 4. 5. 6. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission . ITEM F: . ITEM G: ITEM H: ITEM I: le e e . 0 , . ITEM J: Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games *Regular Meeting of August 20, 2003. CORRES~~ENCE OLD BUSINESS BUS S 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 Right-of-Way Easement Along the Easterly Boundary of Govem_m_ent 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 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 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 ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Evaluations of City Attorney and City Clerk ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGUIAR MEETING SEPTEMBER 3, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.us MAYOR JOItN J. WILLIAMS, PRF~IDING MINUTF~ ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at apprOximately 7'06 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLF~IANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Pat Porter Amy dackman James C. Bookey, III, Vice Mayor Joe Moore John Osborne John J. Williams, Mayor Linda Swamer A-3o AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: 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." ADD TO: 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. ADD AS: Information Item No. 3, Tobacco Control Alliance information relating to the City of Kenai's smoking ordinance. MOTION: Council Member Bookey MOVED to approve the agenda as amended and Council Member Swarner SECONDED the motion. There were no objections. $O ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 2 MOTION: Council Member Bookey MOVED for approval of the consent agenda as presented and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS-- None. ITEM C: REPORTS OF KPB ASSEMBLY, .LEGISLATORS AND COUNC~ Assembly Member Glick gave a report of actions taken by the Assembly during their September 2, 2003 meeting. Comments and questions following the report were- Relating to a funding reforestation, some of the city's issues in this regard are to be addressed in the borough agreement. Some beetle-killed trees in the gullies within the city will not fall under the parameters of the area to be mitigated along the roadway (90 foot right-of-way). The incinerator will be placed again north of the city and will be there two times a year. · The priority of mitigation work is access rOutes, however other programs are being investigated to continue the work past the 90 foot right of way. · Relating to SCR 12, a resolution in support is to be prepared for the September 17 meeting. ~' ITEM D: PUBLIC HEARINGS D-Xo Ordinance No. 2009-2003 (Third Public Heating) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. Mayor Williams opened the floor for the third public hearing on Ordinance No. 2009- 2003. It was noted the Borough's update of their comprehensive plan was at least six months away. City Manager Snow reported comments were expected from the native associations. With no further comments, the public hearing was closed. Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better Describe and Clarify the Meaning of "Contractual Services of a Professional Nature." MOTION: Council Member Porter MOVED for approval of Ordinance No. 2012-2003 and Council Member Bookey SECONDED the motion. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 3 Robert MoHoy, 110 South Willow, Suite 101, Kenai -- Molloy stated his opposition to Ordinance No. 2012-2003 in its present format because of the broad definition of what professiOnal services include and with a broad d~eflnition, he felt it could allow sole source awards, insider dealin§, etc. He also stated he felt the lack of procedures 'included in the ordinance could be a problem and requested council to do more than revise the definition, but also update the purchasin§ code as well. There were no further public comments. Mayor Williams read from portions of the Kenai Municipal Code and the Kenai Charter relating to powers of the council, ability to speak to issues, make decisions, etc. He thanked Molloy for submitting his written comments, though he disagreed with many of them. Williams noted, the final elements of what Molloy suggested refer to the Boys & Girls Club contract and to open the Center with temporary employees, Williams explained, at this time there were no mechanics in place currently with which to open the facility due to processes required to appropriate funding, etc. He added, the council is ready to move ahead and open the facility as soon as possible. Williams stated he would support the ordinance as it was designed by the legal staff and requested council to do that also. Bookey stated he reviewed the Charter and came to the same conclusion as Williams. He added, he was confident with council's actions to date and would support the ordinance. He added, council needed to move forward and if desired to review the .. code and Charter, it could be done some time in the future. Swarner referred to Molloy's memorandum and questioned Item 10, requesting a valid business license, etc. She asked if the city does not already require copies of business licenses, etc. Attorney Graves stated the city does require them, that bid specifications require those types of licenses, as well as workers' compensation certificates, liability insurance certificates, etc. If the contract is for a very small amount of work, liability insurance may not be required. Moore stated he too would support the ordinance as it is something on which the council could take action and in passing the ordinance, they can move closer toward opening the Center. Porter agreed and added, she felt the ordinance was frae as presented and wanted to open the Center as soon as possible. Porter stated her support for the ordinance. Jackman stated her desire to do the job correctly the first time and felt the ordinance was flawed and there could be future problems for future councils. Jackman stated she would not support the ordinance. She added, she has been in support of opening the Recreation Center from the beginning and did not want to stall the opening further. KEN~ CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 4 Osborne stated he read over the ordinance and listened to the comments. He stated he would not support the ordinance as he felt it would remove the ability for a competitive bid. Bookey stated he did not think there is an ordinance in the code that could not be challenged and he would not support the ordinance if he didn't feel it was not a good ordinance. Porter explained, the only reason council was amending this ordinance was because the court system said the current ordinance was not designed good enough. The City Attorney was requested to rewrite it and design an ordinance to clear up the ordinance and make it more descriptive. Council is attempting to satisfy the court order. Williams asked Graves if council passed the ordinance, how soon a request for qualifications could be issued. Graves stated administration could draft an request for qual/fications during the time required for an ordinance to become effective (30 days from passage). After it becomes effective, the request could be made public. VOTE: Porter Yes Williams Yes Moore Yes Osborne No Bookey Yes Jackman No Swarner Yes MOTION PASSED. BREAK TAKEN: 8:10 P.M. BACK TO ORDER: 8:29 P.M. Ordinance No. 2013-2003-- Increasing Estimated Revenues and Appropriations by $1,056,207 for Airport Grants. MOTION: Council Member Jackman MOVED for approval of Ordinance No. 2013-2003 and Council Member Osbome SECONDED the motion. There were no public or council comments. VOTE: Porter Williams Moore Yes Yes Yes Osborne Bookey Yes Jackman Yes Swarner Yes Yes KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 5 MOTION PASSED UNANIMOUSLY. Resolution No. 2003-44 -- Supporting Water Quality Monitoring of the Kenai River Watershed. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2003-44 and Council Member Swamer SECOI~ED the motion and requested UNJh~'iMOUS CONSEN?. There were no public comments. Council comments of support noted the monitoring is sometimes helpful for the city and sometimes not, but it should be kept going; the original intent of the monitoring funds were to be used locally; and, the continued collection of data will help in issues which affect the lower part of the river. VOTE: There were no objections. SO ORDERED. Mayor Williams requested council to move Item 1-7 forward for discussion at this ti~e. Council had no objections. Discussion -- Special Assessment Petition/Set Net Drive From VIP Drive East to Watergate Way. Birlene Driskill, 750 Setnet Drive, VIP Addition -- Driskill reported she and other residents of the subdivision had submitted a request for Set Net Drive on the east side, to be paved. She added, they were told there were no funds, but they wanted to be first in line ff funds come available. They also wanted to know ff the city could place a proposition for bonding on a ballot. Discussion followed in which council acknowledged they had discussed the ability to bond paving projects and were told it is possible. ~Porter suggested council consider requesting the bonding on next year's ballot. Moore referred to the McCollum/Aliak Drive petition which had been in progress but was discontinued due to lack of funding (it was noted the property owners were informed of by letter of this decision). He asked ff there is a mechanism for "getting in line." Attorney Graves was asked if the city could bond for paving project in the entire city or only for specific projects. Graves stated he spoke with the city's bond counsel and he indicated he believed the city could bond for road improvements without stating the specific road. The language of the proposition could state the intention for use of the funds. KENAI CITY COUNCIL MEETING SE~EMBER 3, 2003 PAGE 6 Williams suggested administration track the requests for paving until next year in time for including a proposition on the ballot. Swamer suggested the question of who would like paving done in the city could be placed on the website as well. Moore asked if the McCollum/Aliak project would be "grandfathered in" with the 75/25 split which was the split at the time that petition was in process. Graves stated that question had come up and he felt after a certain amount of time the process would have to begin again due to property changing hands, etc. The code does not have a firm time line and the property owners had been informed of this through a letter sent by the Public Works Department. Administration was requested to finn up the time line. Also, a letter to the McCollum/Aliak property owners should be sent in six months and ask if they still want to be included in an assessment district. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging-- Council Member Swarner reported a meeting would be held on Thursday, September 4. E-2. Ah'port Commission -- Council Member Jackman reported the next meeting will be held October 9. Two openings on the commission were noted. Williams recommended James Zirul for appointment to the "at-large" seat and council had no objections. The second appointment for a "lessee" seat will be made at a future meeting. E-3. Harbor Commission -- Council Member Bookey noted the next meeting would be held on Monday, September 9. E-4. Library Commission -- Council Member Moore reported the next meeting would be held October 7. E-5. Parks & Recreation Commission -- Council Member Porter reported the next meeting would be held September 4. E-5. Plann~g tk Zoning Commission -- Council Member Osborne reported the Com_~ission met on August 27 and he reviewed actions taken. F.-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swamer reported the next meeting would be held September 9. Kenai Convention/k Visitors Bureau Board -- No report. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 7 E-7c. Alaska Municipal League Report -- Administration was requested to work on awards of excellence for submission by October 1. E-7d. Kenai Chamber of Commerce -- No report. E-7e. Arctic Winter Games -- Moore reported the next meeting would be held September 11. Relating to Council Member Jaclanan's request for a report to the council, Moore stated a report was being prepared and would be given in the near future. ITEM F: MINUTES F-Xo Regular Meeting of August 20, 2003 -- Approved by consent agenda. ITEM CORRES~~ENCE-- None ITEM H: OLD BUSINESS-- None ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills and Council Member Swamer SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Council Member Bookey MOVED to approve the purchase orders exCeeding $2,500 and Council Member Swarner ~ECONDED the motion and requested UNANIMOU~ CONSENT. There were no objections. SO ORDERED. I-3o Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and Appropriations by a Net of <$9,155> in Two Senior Citizen Funds. Introduced by consent agenda. ~NAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 8 I-4o Ordinance No. 2015-2003 -- Amending KiVIC 13.15.010(a) to Redefine the Allowed Hunting Areas Within the City and Replace the Maps of Those Areas With an Updated One. '~ Introduced by consent agenda. Approval-- Petition to 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 -- John M. & Cynthia K. Shankel, Petitioners. It was reported the Planning & Zoning Commission reviewed the vacation and discussed the intent. The vacation will allow the lot to become a conforming lot and the Commission had no objections. After a brief discussion, Williams requested Lot 120(c), America Subdivision be reviewed. Council consensus was of no objection to the vacation and Clerk Freas was instructed to send a letter of non-objection to the Borough Planning Department. 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), Ken/fi, Alaska. Nancy Henricksen d/b/a Groomingdales, 1802 4th Avenue, Kenai, Alaska, Appellant. City Attorney Graves explained, though the Board of Adjustment had given direction during a former appeal, the Code allows a person to apply for a modification to a Condition Use Permit (CUP). The appellant submitted an application to modify her CUP and the Planning & Zoning Commission denied the modification; thus the appeal. Council set a Board of Adjustment Hearing for 7:00 p.m., September 17, 2003 and the regular council meeting scheduled for that evening will immediately follow. Discussion -- Special Assessment Petition/Set Net Drive From VIP Drive East to Watergate Way. Discussed earlier in the meeting. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 2003 PAGE 9 ITEM J: REPORT OF THE MAYOR -- Mayor Williams noted the folloWing: · He would like to create a Millenmum Square Task Force of up to 15 people. Duties of the group are being drafted. Issues for the group will be to address what to do with Millennium Square and to examine the issue of future economics over the next decade. He requested Graves to draft an outline of the organization to fit within the city's structure. · The Borough will be hosting a reception on September 5 to recognize the members of the Sister-Cities group from Japan. · Reminded those present of the Peninsula Food Bank Soup Supper on September 5. · Announced a rally would be held at the Soldotna Sports Center on September 11 and begin at 7:30 p.m. ITEM K: ADMINISTRATION REPORT~ K-1. City Manager-- City Manager Snow noted the following: · She will be meeting with the Building Department, City Attorney, and Police to discuss code compliance issues and processes. A report will be brought back to council. · Coastal Trail update. · From concerns heard relating to the bike path, Public Works Manager Komelis contacted the Department'of Transportation. They stated they would seal the problem areas of the pavement if the city would remove the vegetation causing the problems in the pavement. · · Relating to the Bridge Access Bike Path, it was learned the development of the project had been set back to 2008. K-2. Attorney -- Attorney Graves reported a replacement had been appointed to Judge Link's position as a Superior Court Judge. He also noted, the dedication of the aviary at the Court House, naming it for Judge Link, had been postponed to early October. He will inform council of the new date. K-3. City Clerk -- Clerk Freas reviewed a list of those people who have agreed to act as Precinct Election Boards for the City/Borough election of October 7. Council had no objections. Freas a/so noted there were several people who have decided not to continue as election judges and who have acted in that capacity for many, many years. It was suggested she write a heartfelt thank you to those workers. ITEM L: DISCUSSION Citizens-- None. L-2. Council KENAI CITY COUNCIL MEETING SE~EMBER 3, 2003 PAGE 10 Bookey-- No comments. Swarner-- No comments. _ Moore -- No comments. Porter-- No comments. Osborne -- Requested investigation of several junk cars parked near his home. Jackman -- Reminded all of the 9/11 Rally at the Sports Center and a Twin Cities Blood Drive earlier in the afternoon. Williams -- Noted the restructuring of thc Economic Development District due to the resignation of the executive director. Randy Daly, the city's representative to the group has agreed to act as the interim executive director and therefore, is required to resign his position. Williams recommended the appointment of Casey Reynolds to replace Daly as the city's representative. Council had no objections. EXECUTIVE SESSION -- Evaluations of City Attorney and City Clerk 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 and character of another and hold annual evaluations of the City Attorney and City Clerk. Council Member Porter SECONDED the motion. There were no objections. SO ORDERED. Williams noted a brief break would be taken and the council would convene immediately following. BREAK TAKEN: 9:46 P.M. BACK TO ORDER: 10:54 P.M. Council Member Bookey reported the council met with City Clerk Freas and City Attorney Graves. Both received good reports and they would be retaining their positions for another year. ITEM M: ADJOURNMENT The meeting adjourned at approximately 10:55 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk ~ C.'3 n,, Z tu~ (:3 tu z -- ~ 0 z w w ~ o._ w -n -n ~ z w 0 0 0 ~o ~o I--- I-- z z uJ u.! ILl ILl n [~ (.'3 (,.9 w w ~ W r~ r~ ILl ,~ Z W ILl <C -- 0 ~ LU W W "~ -J LU co ~ 0 LLI I-- ~ C~ I.- Z u.I Z ~o o o o o c~ ILl LIJ I- I- 0 0 Z 13. ~ 0 · ~ z 0 n,, w ~ n 0 LU o o n,' LIJ LIJ Z Z 0 o o >- n,' Z ILl n 0 Z 0 0 0 0 Z w 0 < o o o_ LLI I-- Z W LU n- n, LLI LU 0 / X Z >- o o mmm LLI 0 LU k- Z LLI -r' Z ! < n < 0 o o Z < Z Suggested by: Administration City of Kenai ORDINANCE NO. 2016-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,882.90 IN THE GENERAL FUND FOR AN ALASKA HIGHWAY SAFETY GRANT TO PURCHASE A MOBILE DATA TERMINAL. WHEREAS, the City of Kenai received an Alaska Highway Safety Grant for $3,882.90 to purchase a vehicle mobile data terminal to be used for vehicle accident reporting; and, WHEREAS, the equipment will allow officers to write and file vehicle accident reports electronically; and, WHEREAS, it is in the best interest of the City of Kenai to accept the grant and purchase the mobile data terminal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $3.882.90 · Increase Appropriations: Police- Small Tools & Minor Equipment $3.882'.90 · PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1 st day of October, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (09 / 08 / 2003) hl Introduced: Adopted: Effective' September 17, 2003 October ~1, 2003 October 1, 2003 Frank H. IVlurkowski, Govern¢ Division of Community Advocacy P.O. Box 110809, Juneau, AK 99811-0809 Telephone' (907) 465-4750 · Fax: (907) 465-5085 · Text Telephone: (907) 465-5437 Website: www.clcecl.state.ak.us/cbd/ Dear Municipal Official: September 5, 2003 The purpose of the Shared Fisheries Business Tax Program is to provide for a sharing of state fish tax collected outside municipal boundaries with municipalities that have been effected by fishing industry activities. Municipalities around the state will share approximately $1.36 million based on 2002 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that program funding be first allocated to fisheries management areas around the state based on the level of fish processing in each area compared to the total fish processing for the whole state. Then the funding is further allocated among the municipalities located within each fisheries management area based on the relative level of impacts experienced by each municipality. Details of how the program works are presented in the application under Program Description. Your municipality is located in the Cook Inlet Fisheries Management Area. The municipalities located in this area include Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Seward and Soldotna. The FY 04 program allocation to be shared within this area is estimated to be $42,481.18. In fisheries management areas where the program allocation is greater than $4,000 multiplied by the number of municipalities in the area, program regulations provide for a "long-form" application. In your area the threshold value equals $32,000 (8 municipalities x $4,000) and you are therefore receiving the attached Long-Form Application. We encourage your municipality to complete the FY 04 Shared Fisheries Business Tax Application as soon as possible. FINAL DEADLINE for submission of applications is December 15, 2003. The long-form application provides for a "standard" and an "alternative" method of funding allocation. Please note that proposals for alternative methods must be received by the department by November 1, 2003. However, the alternative method resolution is not due until the December 15 deadline. If you have any questions about the program, or require assistance in completing the application, please call me at 465-4733. Bill Rolfzefi__./' Program Administrator "Promoting a healthy economy and strong communities" Memo To: From: Date: Re: Linda Snow, City Manager Chuck Kopp, Chief of Police September 11,2003 July 2003 Report The Kenai Police Department responded to 587 calls for service. The Communications Center received two hundred eighty seven (287) 911 calls for emergency assistance. Significant felony criminal investigations in August include three Sexual Assaults, three Vehicle Thefts, one Armed Robbery, and one Forgery. One sexual assault was unsubstantiated, the other two remain under investigation. All three stolen vehicles have been recovered, and the person responsible charged with the thefts. The suspects responsible for the armed robbery have been identified and charges have been forwarded to the DA's office. The forgery suspect has been charged for the offense. Many other felony and misdemeanor crimes kept officers busy with casework and investigative follow up. The Alaska Highway Safety Office sponsored an overtime grant for traffic enforcement the latter part of August through Labor Day weekend. This allowed officers to be present on the roadways and have a meaningful impact on the safety of our commuting public. Most significantly, in August of 2002 the department investigated 21 vehicle crashes. In August of 2003, just 7 vehicle crashes occurred. More than 300 traffic enforcement contacts were made, resulting in 134 speeding citations, 60 equipment violations, 27 seatbelt citations, 16 other moving violations (fail to stop, fail to yield, improper lane change, passing in a no pass zone, etc.), and 16 misdemeanor arrests (DWI, Reckless Driving, Ddving Without A License). Sergeant McBride attended three meetings for the purpose of forming a Neighborhood Watch in Woodland Subdivision. Investigator Miller attended two seminars: child sexual assault victim interviews, and property crimes. Officers Sjogren and Turnage attended an instructor certification class in police defensive tactics. Officer Sjogren attended a one-day Glock armorer class. He is the department armorer for all Glock pistols. Chief Kopp is continuing to work with the Kenai Peninsula Borough Office of Emergency Management on a long-term public safety communication plan, and a homeland security and strategy program for the Kenai Peninsula Borough. This will provide the foundation to update Alaska's Statewide Domestic Preparedness Strategy, and will form the basis for future federal funding in support of local first responders. CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI. ALASKA 99611 (907) 283-7666 · (907) 283-8171 fax e-mail' kfdept@ci.kenai.ak, us September 9, 2003 TO' Linda Snow, City Manager Scott Walden, Fire Chief Subject' August 11 - September 9, 2003 Department Report Type of This Period This Period 2003 to 2002 to Difference- Response last vr date date Fire 1 6 31 30 + 1 EMS 52 54 512 453 + 59 Other 23 12 210 124 + 86 TOTAL 8,5 72 753 607 + 146 "Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms, ARFF. With Kenai Police, met with Borough consultants regarding evaluation of E-911 system and needs for Peninsula. Met with CIRCAC consultants regarding marine firefighting abilities; Kenai listed as resource for logistics, encouraged use of dock, airport and training facility in response planning. Consultants included representative from Coast Guard Admiral's office. Continue coordinating mass casualty exercise with ERA, airport and hospital to be held in October. Participated in welcoming ceremonies for National Moose Lodge leadership; accepted donation of stuffed moose animals for use with children on ambulance. Hosted firefighter for a day from Akita, Japan in cooperation with Borough Sister City; toured department, city and training center. Continue work on hazard tree removal; developing local harvest program in cooperation with Parks Director Frates. Fire department landscaping nearly complete. Funded through unsolicited donations to in-house firefighter association, on behalf of Asst. Chief Donald Morgan and family. Concrete donated by Best Transit Mix, labor donated by JD Construction and members of the department. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 89611-7794 TELEPHONE 907-283-7535 P.&X ~o7.28:a-3o14 MEMORANDUM TO' FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager September 11, 2003 Department Report for Council meeting of September 17, 2003 I wiil be on annual leave during this council meeting. A Public Works bid information sheet is attached. We have submitted an ADEC Municipal Matching Grant questionnaire for the Maintenanco Shop remediation project. This grant, if received, can be matched with City funds or the Clean Water Fund loan. There has been a surge in building permits issued lately. We are now close to the total number for this year as at this time last year. Single-family homes are still about half of last year. The largest recent commercial permits issued am the Throe Bears expansion and the Frontier Physic, al Therapy offices in the old Unocal building. Other potential commercial projects are being discussed and planned by various people in the community. To better inform Council, we will begin furnishing quarterly activity reports for both the Buildings and Planning and Zoning departments. · - ~. 'o~~ E ~.~ (~ ~ ~.~ (~ o o ;~ ~'-~ I .~ = ~ -- 0 o ~ 0 ~ ~ 0 ~ O~ O~ ~ ~ ~ $8 ==$ ~ .~= _ - · - - $ '5 ~ '5 ~ ~ o '~ ~ 0 0 ~ ~ ~ ~ ~ ~ ~ 0 0 0 ~ ~ ~ '~ 0 ~ ~ ~ ~ .o .o c~~ = =~ o o o E~ E~ ~ o · = .- .-:. -- o ,, I E E ~ ~ Z Z ~ Z Z Z ~~ ~ ~ Z Z Z 0 ~ ~ ~ 0 ~ ~ .-~ ~ ~ ~v , ~ O ~ ~ mE b~ o~ ~ o .- 0 ~ ~ -- '- '- ~ g · ~ o ~ · '- ~ o o ~ ~ ~ ~O ...... ~ ~ ~ · ~ '= 0 · ~ 0 ~ 0 ~0 0 ~ ~ 0 ~ ~ ~ ~ ~ Monthly Report For September 17, 2003 Keith Kornelis~ Public Works Mana_~er Basin View~ Toyon Way~ Schooner Circle~ & Pillars: The construction phase of these projects has been completed. I am working on getting the documents to close these projects out. We will be summarizing all costs for each project and coming up with the final assessment roll and a public hearing. HEA has stated that they want to lower their lines on the Basin View project, and they think the city should pay for it as part of the project. The lines are in the ditches and not under the pavement. Them are funds budgeted in the project for relocation of lines, bUt we are not sure this is justified. HEA is not going to get around to doing anything this year. New Well House 4- I just received approval from State DNR to drill the exploratory well on School Trust Land near the sewer interceptor line off Beaver Loop Road. We are still under contract with Kraxberger Drilling to drill this well. We do need another purchase order for Coble Geotechnical Services for Water Geophysics and water testing. Kenai Spur Bike Pathway: The contractor is working on final part of the pathway to connect Kenai and Soldotna. The older portion of the pathway has been crack sealed by DOT at our request. Statewide Transportation Improvement Pro.qram~ STIP: I have received the 2004-2006 draft. The expected federal funding was reduced by over $400 million. Because of this lower funding and other federal and state changes in the program, the city's projects are beyond the six-year schedule. The Kenai Bridge Access pathway is scheduled for design in 2008 with construction beyond six years. Wetlands Protection - S. Spruce: This project is funded with a $12,000 US Fish & Wildlife matching grant. The city's match will be gravel, concrete pilings, signs, and labor. The project is to protect the wetlands next to South Spruce and encourage people to use the trail and stay off the wetlands. Boatin~ Facility Launch Ramp and Road Exit: We are waiting to receive the $350,000 grant from the state for this project. The project will add two launch ramps and an exit road and parking area. Bridge Access Road W & S Feasibility Study: Wince-CorthelI-Bryson is the engineering consultant on this project. It is being paid for by an Alaska DEC and a Federal EDA grant. The completion date is October 31, 2003. They are working on the contract amendment for preliminary design. This project will be ready for construction when funds become available. Dip Net Fishe .ry: The dip net committee of Kenai Police, Parks, and Public Works met and submitted its report to the City Manager. Risk Assessment Methodology for Water~ RAM-W and Vulnerability Assessment, VA: I have been working on this very complicated water security report. It is a Federal mandate, and I am trying to save a lot of money by completing it myself. I plan to finish it this month. Streets: We have cleaned and sealed asphalt cracks on roads and airport, graded roads, swept roads, swept the Multi-Purpose and Challenger parking lots and ice rink, and swept other parking lots, removed trees and brush around the Multi-Purpose and Challenger Center, cleared the fence line around our yard, cleaned and hauled mud from boat ramp, built and installed signs, worked with Parks on banners, worked on building a loading ramp for the airport, bladed and compacted the gravel runway, hauled junk to the dump, and worked on the shoulders of our strip-paved roads. Water & Sewer & STP: We have repaired the Lawton lift station, installed and painted hydrant bollards, used our camera to inspect and clean a sewer line, received and moved chemicals, changed out a fire hydrant, fixed some water key boxes, worked on the Iow-pressure alarm and built a history screen for the SCADA system at the Public Safety Building, and worked on the communication failure at Well House 2. The STP had their SHARP (AK-OSHA)inspection on August 21, inspected and serviced all the roof- mounted air handlers, finished the level transmitter installation for the digester, and started to get ready for the annual basin cleaning. Senior Center's August Monthly Report to Linda Snow Our Center continues to be active and seniors use the facility daily. Total number of days open: 21 We were rented 8 days this month. # Congregate Meals Served' # Home Meals Served: ti of assisted fides' # of unassisted fide: 1371 1179 190 396 Total volunteer hours for July was 713 hours. A lot of hours have been spent this month providing information, assistance and outreach to seniors concerning their longevity and what assistance could be obtained for housing, prescription drugs, heating assistance, and increase in social security as a result of loosing the longevity. During this month we hosted a public forum by the Governor's Council and the Commission on Aging. This forum was to introduce the merger of the Commission on Aging into the Department of Health and Social Services. There were numerous social service agencies present discuss the what was happening now that was effective, what we saw could be improved and comments .about where the department was headed. The Department of.Health and Social Services includes all types of disabilities and seniors. The Seniors present at the meeting did not feel they were well represented by the State. No one was present from the Commission on Aging and the Director of Senior Services did not attend the whole meeting. Seniors present at the meeting commented that they wondered if there would be consistent representation at the state level now that the agencies have merged. Our line dancers danced at the Ninilchik Fair as well as the State Fair in Palmer. have had seniors also submit entries with one of our quilters winning grand champion. We This month we held the "Old-Timers was had by all! "luncheon with 186 seniors present. A grand time A trip to Hidden Lake for a picnic, a no-host dinner to Moose Pass and a trip to Halibut Cove were highlights of activities this month. MEMORANDUM 'I'~::1ot'~11o11~ (907) 283--3692 I"ax (9() 7) 2F~3.3(393 TO: FROM- DATE- Linda Snow, City Manager Robert J. Frates, Parks & Recreation Director~' September 11, 2003 Monthly Report- August 2003 The Parks and Recreation Departmem remained busy with mostly typical routine maintenance activities oceumng throughout the month. All turf areas remained on a once per week mowing and the ball fields twice per week. The ram was a welcomed sight, however it made mowing efforts a bit more challenging. We had 3 park reservations in August, making a total of 16 for the season. The Kenai Softball Association completed its season in Kenai with a State Tournament on August 16~ and 17~. Some post-season preparation has occurred on the fields i.e., weed comrol, grading, and aerating. Fall aeration was also completed on all turf areas throughout town and helped optimize good growth as we approach fall. Visitor use at Cunningham Park appears to be down this fall as compared to previous years. Silver fishing has remained somewhat slow which has perhaps resulted in less use to date. Park crewmembers, aided by one community, service worker, assisted with the removal of brash along fences m the City Maintenance Yard. More community service work is anticipated in other areas as some KCHS students are looking for projects in order to complete civic requirements. Repair work was performed on the Adult Sot~ball bleachers and all picnic tables located at the Softball Greenstrip were painted. New valves were also installed in the drinking fountain at the Greenstrip. Tree removal continued at the Multi-Purpose Facility. and crews removed two beetle-infested trees at City Hall. The Director has been working on establishing an ad sale program for the Multi-Purpose Facility, in addition to an Adopt-a-Bench Program, ice sales, amendments to the cemetery, regulations, and coordinating with the Kenai Golf Course for the establishment of winter trails. The department coordinated with the Alaska Kennel Club who hosted their annual trials again this fall at the Little League Complex. CITY OF KENAi "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: SUB J: Linda Snow, City Manager Lawrence A. Semmens, Finance Director; September 11, 2003 Mid-momh report I really have nothing new to report in finance. The GASB 34 financial report is moving ahead very slowly. We are preparing for the three Caselle trainers that will be here September 29 for one week of training on the new accounting sot~are. Kenai Community Library ! 63 Main Street Loop Kenai, ,,t laska 99611 REPORT FOR AUGUST, 2003 CIRCULATION Adult Juvenile Easy Books Fiction 2147 542 Non-Fiction 1454 212 Periodicals 62 1398 307 Cassettes Intemet Access 152 1330 CDs Kits Misc. 148 5 36 Puzzles 1 Videos 1134 DVD 133 Total Printed Materials ............... 6122 Total Circulation ............................ 9061 WEBPAC Searches .................... 1012 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts 130 32 25 16 Purchases 89 23 21 - Total Additions .............................. 336 INTERLIBRARY LOANS Ordered Received Returned Books 23 24 29 INTERLIBRARY LOANS BY OUR LIBRARY ............ 44 INTERNET USE ........ 1330 VOLUNTEERS Number .... 19 Total Hours .....186 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,462.96 382.75 249.39 Total Income for AUGUST, 2003 ............ $2,095.10 Library Cards Issued August, 2003 Kenai 110 Homer Kasilof 12 Nikiski 30 Soldotna 29 Other 41 Total 224 Total Library Patronage ...... 8,148 Persons Adult Programs ........ 35 Persons Childrens Programs .... 216 Persons CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' Mayor Williams and Council Members FROM: ~ ~ Cary R. Graves DATE' September 10, 2003 RE: Commissions and Committee Absences under KMC 1.90.050(b) As you know, the City recently began to have commissions and committees meet every other month. When I attended the Parks and Recreation Commission meeting last week, Commissioner' Sandahl raised a good point. KMC 1.90.050(b) states that if a commission, bOard, or committee member misses more than one-half of the meetings in a three-month period he or she shall cease to hold the seat. With meetings every other month, a person who misses one meeting would be close to violating that section. Someone who missed two meetings in a row would certainly violate it. Would the Council like me to draft an amendment to change the three-month period in KMC 1.90.050(b) to a longer time frame? Please feel free to let me know if you have any questions. CRG/sp -0~['-- lf.--UO l'I~ 1 UO, O_U Ill| rll~ I~UU.I~I 0 10 l r'-ll l~lllIl! I'I'IA llU, OU I ~_uJ o;JJ:J = = ~ Carol Freas From' Sheryl Padilla Sent: Wednesday, September 17, 2003 10:12 AM To: Carol Freas Cc: Cary Graves Subject: FW: Estimate Cary will be bringing up this topic during his report tonight. He asked that you provide copies for Council. Thanks. Sheryl ..... Original IVlessage ..... From: ArCtic Publications [maiito'info@arcticpublications.com] Sent: Wednesday, September ~7, 2003 10:0! AlVl To: Sheryl Padiila Subject: Estimate Hello Sheryl, Per our discussion regarding the changes to the City of Kenai's website and adding the Mtmicipal Code with an internal search service to your server, I would like to submit the following estimate of my fees. 10 hours ~ $35.00 per hour - $350.00 This is an estimate only, as there are several unknown factors at this time. Please let me know if you need anything else, and if you have any questions. Best regards, Bobbi Manning Arctic Web Publications Professional Website Designs Email: info(~arcticpublications.com Phone/Fax: 9o7-~6o-3996 ************************** NOTICE **************************** 9/17/2003 © 0 © o~,~ © ° o INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2003 o . 2003 Kenai River Personal Use Dipnet Fishery Report. 9/03 Soldoma Chamber of Commerce, Chamber Connection. CiTY OF KENA 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-753S FAX 907-283-3014 ~ 1991 MEMORANDUM TO' Linda L. Snow, City Manager FROM' (..q-~ Cary R' Graves, City Attorney DATE: September 5, 2003 RE: Beach Parking Fees and the "Public Trust Doctrine" The Council requested a memorandum outlining our options regarding differential beach parking fees, regulation of beach access and the "Public Trust Doctrine." My analysis follows. The Public Trust Doctrine The public trust doctrine, originated in Roman Law, was incorporated into English Common Law and then made part of American Law by the United States Supreme Court in Illinois Central £ailroad v. Illinois, 146 U.S. 387, 13 S.Ct. 110, 36 L. Ed. 1018 (1892). In Illinois Central Railroad, the Court held that the states hold tidelands (land in between the mean high water and mean low water mark) "in trust for the people of the state that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing therein freed from the obstruction or interference of private parties." Id. at 452. The doctrine means there is a public use easement on tidelands between the mean high and Iow water marks. The easement is flexible in that it moves with the changes in the location of the water marks due to erosion, accretion or reliction.~ 1988 Alaska Op. Atty. Gen. (inf.) 351. For example, if' the mean high water mark moves inland because of erosion, the public use easement moves with it. Some courts have even expanded the doctrine to include the "dry beach" above the ordinary high water mark. For example, Oregon and Texas have expanded the doctrine to include beach use up to the vegetation line. State ex rel Tborton v. Hay, 462 P.2d 671 (Or. 1969); Hirtz v. Texas, 974 F.2d 603 (5th Cir. 1992). Other courts have expanded the public trust doctrine to include access to publicly owned beaches and recreation. Matthews v. Bay Head Imp. Ass 'n, 471 A.2d 355 Linda L. Snow. City Manager September 5, 2003 Page 2 of 4 (N.J. 1984) cert. denied Bay Head bnprovement Ass 'n v. Matthews, 469 U.S. 821, 105 S. Ct. 93, 83 L.Ed2d 39 (1984; Van Ness v. Borough of Deal, 393 A.2d 571 (N.J. 1978).; Hyland v. Borough of Allenhurst, 393 A.2d 579 (N.J. 1978). The Alaska Supreme Court recognized the public trust doctrine in CWC Fisheries, b~c. v. Bunker, 755 P.2d 1115 (1988). Lands conveyed by the states to municipalities and private parties are conveyed subject to the public trust doctrine. 1989 Alaska Op. Atty. Gen. (Inf.) 309, 1988 Alaska Op. Atty. Gen. (b~ 351. Thus, the beaches on both the south and north sides of the Kenai River are subject to the public trust doctrine. Fees and Regulation The public trust doctrine does not mean that states and municipalities may not regulate tideland beach use. People v. Deacon, 151 Cal. Rptr. 277, 87 Cal.App.3d Supp. 29 (1978)(state can prohibit motorcycle access to beach). In £usardi v. Curtis Point Proper~ Owners Assoc.,430 A.2d 881,888 (NJ 1981), the New Jersey Supreme Court stated that the public trust doctrine: ... does not mean that the township may not, through more precisely drawn zoning or other regulations, achieve its valid objectives of avoiding unnecessarily disruptive behavior, overcrowding, littering, or of protecting environmentally fragile oceanfront property, such as irreplaceable sand dunes, for the benefit of future generations. Municipalities may charge fees to recoup the cost of maintaining the beach and reasonably regulate the number of people on and the manner of access to the beach in order to protect the beach from harm. Neptune City v. Avon-By-The Sea, 294 A.2d 47 (N.J. 1972). However, courts hold that the fees charged for use of the area covered by the public trust doctrine must not discriminate between residents and non-residents. Hyland v. Borough of Allenhurst, 393 A.2d · 579 (N.J. 1978); Pan Ness v. Borough of Deal, 393 A.2d 571 (N.J. 1978). Seasonal rate discounts, as long as they do not unduly discriminate against non-residents, are allowed. Sea Isle City v. Caterina, 303 A.2d 351 (N.J. Cry. Ct. 1973). Some courts have held that differential fees for residents and non-residents for man-made facilities above the dry beach (mean high tide line) are allowed if alternative ways (not. charging differential fees) are available to use or access the beach areas. Hyland v. Borough of Allenhurst, 393 A.2d 579 (N.J. Sup. Ct. 1978); Zaroogian v. Town of Narrangansett, 701 F.Supp. 302 (D.RI 1988). 7he parking lots on the north and south sides are both above the mean high tide. However, an issue with them is whether there is reasonable alternative access to the fishery other than using the parking lots. Therefore, there is a question whether charging differential parking fees for residents and non-residents would be allowed. Fees must be reasonably related to the cost of upkeep and maintenance of the beach and related facilities. City of New Smyrna Beach v. Board of Trustees, 543 So. 2d 824 (Fla. App. 1989). A municipality may not supplement its non-beach-related general fund revenue with fees from uses Linda L. Snow, Ci.ty Manager September 5, 2003 Page 3 of 4 of beach and beach-related facilities. $1ocumb v. Borough of Belman, 569 A.2d 312 (N.J. Super. L. 1989) Alaska Constitution and Beach Access Article VIII, § 14 of the Alaska Constitution states, "Free access to the navigable or public waters of the State, as defined by the legislature, shall not be den/:d any citizen of the United States or resident of the State, except that the legislature may by general law regulate and limit such access for other beneficial uses or public purposes." This clause has been interpreted to be Alaska's own version of the public trust doctrine incorporated in our state constitution. Alaska's Constitution-A Citizen's Guide, p. 163 (Gordon S. Hamson 1992). Restrictions on tideland access must be for a public benefit. In his book, Mr. Harrison gives the following example' The state may keep people away from a lake that supplies drinking water to a town, or impair navigation on a fiver by building a dam. But it may not prevent the public from fishing in certain streams in order to protect the interest of a nearby private lodge. Supra at 163. There is strong public policy in favor of public access to the tidelands under both state and federal law. However, that does not mean the City may not take reasonable regulatory actions regarding beach access. The intent of Article VIII, § 14 has been incorporated into the Alaska Statutes (AS 38.05.126(e). That section states' Ownership of land bordering navigable or public water does not grant an exclusive right to use of the water and a right of title to the land below the ordinary high water mark is subject to the rights of the people of the state to use and have access to the water for recreational purposes or other public purposes for which the water is used or cable of being used consistent with the public trust. AS 38.05.128(d) states' "Free passage or use of any navigable water includes the fight to use land below the ordinary high water mark to the extent reasonably necessary to use the navigable water consistent with the public trust." The word "free" in the above passages regards eliminating access rather than a monetary context. Since Article VIII, $14 was intended as Alaska's version of the public trust doctrine, it is reasonable to interpret it and the statutes implementing it in the same manner as the public trust doctrine has been interpreted. The City may place reasonable conditions on the use of and access to the tidelands, but it cannot completely prevent them unless such use and access would be completely unreasonable. 1985 Alaska Op. Arty Gen. (Inf.) 445. Conclusions Linda L. Snow, CiD' Manager September 5, 2003 Page 4 of 4 Because of the case law restricting differential fees for residents and non-residents, it would be better to give a discount for a season pass. 2. The City may restrict vehicular traffic on the tidelands if the vehicles are creating environmental or public harm (overcrowding or safety, of people on the beach). As you know, the City has restricted vehicle access on the north side for such reasons for years. But it may not restrict public vehicular access solely fbr the benefit of private landowners. e It may charge access or parking fees for the beach if the fees are reasonably based upon costs the City incurs in maintaining the beach. 4. It may also make regulations to control such things as littering, overcrowding and sanitation. Please let me know if you have any questions. CRG/sp CC' Chuck Kopp, Chief of Police Bob Frates, Parks and Recreation Director ,, Reliction is the gradual recession of water leaving the land permanently uncovered. Accretion is an increase of land by natural forces. 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 August 21, 2003 To: IAnda Snow, City Manager Chuck Kopp, Chief of Police {3/dt~ Klm Wannamaker, Lieutenant Bob Frates, Parks & Recreation Director Keith Komelis, Public Works Manager 2003 Kenai River Personal Use Dipnet Fishery The 2003 Dipnet Report includes this summary memo highlighting significant fishery observations, statistics, expenses and recommendations for the 2004 dipnet fishery; activity repons of Police, Parks and Recreation, and Public Works; and the Seasonal Enforcement Officer report detailing fishery observations, photos and recommendations for enhancing the North and South beach dipnet fishery. The dipnet fishery opened at 6am on Thursday, 7-10-03 and closed at l lpm, Thursday, 7-31-03. Most problems associated with the fishery were anticipated and categorized as .typical, and generated more irritation with the frailties of human behavior than actual incurred difficulty. The Police Department hired two non-sworn, unarmed Seasonal Enforcement Officers (SEOs) whose scheduled shifts provided coverage 7 days a week during the fishery. The SEOs overlapped during the week and worked cooperatively with Parks &Rec, City Dock personnel, and were assisted as needed by Patrol Officers. The SEOs were responsible for City Code enforcement (camping, parking, off-road vehicle operations, ATV use). The two SEOs working this year were experienced, both having worked the same positions last year. The Department handled 49 dipnet-related calls for service, compared to 38 in 2001 and 49 in 2002. The 49 calls for service in 2003 were actually more, but the daily iron ranger change-outs (Officers assisting Parks & Rec employees) were all logged under a single daily service call rather than individually numbered. The calls for service included ATV & off-road vehicle operations, parking violations resulting in more than 220 warnings, 15 citations and 6 impounds, lost/stolen/found property reports, fishing gear disputes, and lost children and/or pets. The Department also investigated one death at the City. Dock, generated 3 investigative reports, and issued one traffic citation for a moving violation. Sworn Officers spent 33 hfs and SEOs spent 240 hours on dipnet-related activity.. A Honda 4-wheeler was again provided by the Kenai River Center and used extensively by the SEOs for patrolling the South Beach. .J KENAI POLICE DEPARTMENT 2003 Dipnet Fishery expense summaries are noted below: Police Department Expenses (Labor) Police Officer (33hfs) 755 Seasonal Enforcement Officer~ (240hrs) 2,988 Total $3,743 Parks and Recreation Expense Estimate Materials & Services 21,729 Labor 1,!47 Total $22,876 Public Works Expense Estimate for Kenai Boating Facility Materials and Services 6,447 Labor 6.609 Total 13.056 Grand Total Expenses $39}675 Launch Ramp and Dipnet Parking Revenue $107,927 2003 C°ncems and Considerations for 2004 The multiplici~ of signs, sizes and locations is confusing to dipnetters who only come to Kenai once a year for the fishery. A master signboard for the North and South beaches would serve as a focal point for dipnetters to review Kenai Mtmicipal Code ordinances, dipnet fishery regulations, and park/camp fees. Individual signs would still be necessary to mark beach access points, handicap parking, and areas prohibited to vehicular traffic. Ideally, this signboard would be located at the pay stations, where the attendant would collect fees, give out information and answer questions related to the fishery.. Paid Parkint,:. While larger capacity iron rangers were implemented this year and an additional one installed on Dunes Road, there were problems with a noticeable increase in noncompliance with paid parking, particularly on the south beach. Dozens of vehicles were contacted and drivers were reminded of the paid parking requirement but receipts revealed low compliance. The City would have greater compliance by erecting manned pay booths, like at the City Dock, with attendant(s) receiving payment from drivers 17 hours per day (6am- 11pm) 2002 and 2003 labor costs are for both SEO's KENAI POLICE DEPARTMENT ...... during the fishery. A pay-as-you-arrive procedure would greatlv reduce time spent by the SEOs patrolling the parking areas checking compliance, availing that time for expenditure in other areas. The City would see an increase of approximately $20,000 in revenue by providing parking attendants. South Beach Access: In order to effectively collect revenue from all dipnet partidpants on the South beach, the Cannery Road vehicle access at the Perrizo residence should be closed to vehicular traffic for the three-week fishery. This would flannel all traffic past the City pay station on Dunes Road. See map attached. Re.strooms: Several complaints were received regarding service (toilets full) and cleanliness of the North beach pon-a-potties. No complaints were received regarding the South beach port-a-potties. It was noted that the $18,000 spent each year by the Ci.ty on port-a-potties for the 3-week fishery could be allocated toward purchase ($23,500) of a precast, vandal-resistant concrete toilet (manufactured locally) like those in use at local state parks & boat launch sites. See brochure for double vault, precast concrete toilet attache& These units are aesthetically pleasing, and would prov/de a permanent upgrade to the City of Kenai recreational areas on Kenai Avenue, and on the South beach. The North beach toilet would ideally be positioned at the end of Kenai Avenue where the dipnetters load/off load, where port-a-pomes are currently positioned. Another advantage of the double vault precast concrete toilet is that its holding tank is 1,000 gallons per side, versus 25 gallons per port-a-potty. It would take 80 portable toilets to match one precast concrete toilet. The Police Department investigated one complaint of vandalism to the existing wooden outhouse at the end of South Spruce at the beach. This structure is subjected to repeated arson and vandalism throughout the 3rear. Camping: Tents were allowed on both beaches this year. This did not create significant police issues, save trash problems on the South beach. However, the City has the resources (personnel) to mitigate this problem to manageable levels. It is recommended that the "No Camping" signs be removed for the 2004 fishery, and a fee schedule with designated beach camping areas be established. The proposed fees are $20.00 for p'ark & camp, $10.00 park, & $10.00 camp (per 12 hr period). There are three' primary, concerns with camping: litter, fires, and habitat damage. These will be addressed with an aggressive Pack It In/Pack It Out policy, No Open Fires rule, and orange plastic barrier fencing to protect the North beach dunes, the North beach bluff below South Forest Drive and Old Town Kenai, and the South beach wetlands. The continuous presence of attendants at the pay stations will help manage each of these concerns. Traffic Congestion on Kenai Ave: This was not a problem except during md-fishery weekends, with a flood of dipnetters arriving and leaving within a small time frame. It was anticipated that a lot of vehicles would be on Kenai Ave to unload/load their gear from the beach, and SEOs spent dedicated time maintaining traffic control, impounding vehicles as applicable, to keep the process moving as smoothly as could be expecte& For a more in depth rev/ew of the 2003 dipnet fishery, please review the departmental reports included with this summary memo. Memorandum To: Lt. Wannamaker From: J. White and J. Jenckes, Seasonal Enforcement Officers Date: 9/2/2003 Re: Dipnet Fishery 2003 The information included in this report is a summary of thc Personal Dipnet fishery that took place at the mouth of the Kenai River starting on Thursday, July 10, and concluding on Thursday, July 3 l, 2003. The fishery opened on Thursday, July 10th at 0600 hours. At this time the fishing was limited to certain hours of the day: 0600-2300. The first week of the fishery was relatively slow. There was no shortage of parking on either the north or south beaches. The north beach patrons were more compliant in paying for parking than those of the South beach, perhaps because they were more familiar with the procedures on the North beach from past years. This being only the second year fora parking fee on the South beach, there was less comphance. It seemed as if there was even less compliance on the South beach this year than last. On Friday, 7-11-03, there was a considerable increase of vehicles and people in the parking lots on both the north and south beaches. Seasonal enforcement officers spent most of the day enforcing the paid parking ordinance on the north beach and kept traffic flowing smoothly on Kenai Avenue. Officer White issued one dipnet related citation. Officer' Jenckes issued one dipnet related citation and 8 warnings (4 on the North Beach and 4 on the South beach). On the South beach, enforcement officers explained the reasons for a parking fee, passed out paid parking permits and enforced fee collection. On Saturday, 7-12-03, there was another increase of vehicles and people on both the north and south beaches. The parking lot on the north beach was near, but never exceeding its capacity for parking. Overall, parking was not a problem, though constant enforcement was needed to keep it so. Vehicles parking past parking medians were quickly red tagged, or if the driver/owner was present, asked to move. Many warnings were served on vehicles that did not display a parking permit. Officer White issued one dipnet related citation. Officer Jenckes issued two dipnet related citations and 35 warnings (18 on the North beach and 17 on the South beach). Compliance on the south beach was extremely low with approximately 5-10% of the vehicles displaying a parking permit. Again enforcement officers handed out warnings and parking permits. The officers informed the patrons that the parking fee helped cover the cost for the toilets provided by the City. On Sunday, 7-13-03, the crowd began to clear out in the afternoon. Officer White towed one vehicle illegally parked on Kenai Avenue, and issued two dipnet related citations. On Friday, 7-18-03, there was a large number of people moving into the north beach parking lot during the evening hours. The parking lot was filled to its maximum capacity and overflow parking was directed to the Little League parking lot. Konai Avenue had minor congestion because people loaded/unloaded slowly. Much of the enforcement time was spem encouraging persons to unload faster, enforcing "No Parking" on Kenai Avenue and enforcing paid parking in the parking lot. Officer Jenckes issued two dipnet related citations and 25 warnings on the North beach. On Saturday, 7-19-03, there was a large number of people on both beaches. On the Noah beach the parking lot was overflowing with many vehicles parked illegally. There were numerous vehicles parked past the parking medians blocking exits, vehicles parked blocking the entrances and exits to the trails leading to the Municipal Park on South Forest and double parked blocking in other vehicles. Overflow parking atthe Kenai Little League Park was also full. Overflow parkers quickly began parking in any available space such as the Catholic Church parking lot and the former Kenai Supply parking lot. Enforcement Officers' time was mainly used to keep order in the City's parking lot and on Kenai Avenue. Whenever police presence left the area, vehicles would immediately begin parking illegally in the parking lot and on Kenai Avenue. ~ Officer White impounded five vehicles and red tagged numerous other illegally parked vehicles. Officer Jenckes issued one dipnet related citation and 19 north beach warnings. The south beach was also extremely busy. There were approximately 250-300 vehicles parked on the beach. Enforcement officers were so busy keeping order on the north beach, they were unable to show a presence on the south beach or enforce the paid parking ord/nance. On Stmday, 7-20-03 both beaches were again crowded. As the day went on, more and more people began exiting the beach. A considerable amount of time was spent on the South Beach enforcing the paid parking ordinance. Officer White gave out 75+ paid parking permits advising owners of the vehicles they needed to pay before they lef~ the beach. Most people said they had no problem with paying the fee, but complained that the iron ranger was not easily located. The Iron Ranger was changed on the south beach by Officer White and contained very few completed parking permits. Compliance was very low with approximately 5% of the patrons paying. On the North beach it was also busy during the day with most persons leaving by late evening. Officer White issued four dipnet related citations and 75+ warnings. During the next weekend of Friday, 7-25-03, through Sunday, 7-27-03, both beaches were relatively busy with more people than usual on the last weekend of dipnet. The parking lot on the north beach was nearly full, but never exceeded its capacity. A windstorm that began to kick up on Saturday mght and thrived on Sunday made the water too rough that it drove away most of the dipnetters. Officer White issued one dipnet related citation, and Officer Jenckes gave out 33 warnings on the north beach. There were frequent checks made by Seasonal Enforcement Officers at the City dock. There were few problems at the dock this year compared to past years. The mare complaint from the city dock concerned overnight camping. At the city dock there are a few poorly placed signs prohibiting overnight camping. More signs in better locations (signs that could be seen when entering the parking lot) would help alleviate this problem. Another way to alleviate this problem would be to have the parking attendant advise patrons of the overnight camping regulations. SPECIFIC OBSERVATIONS AND CONCERNS NORTH BEACH People seem to have a good understanding of the procedures on the North beach parking area. The majority of those parking complied with the $ l0 fee, and displayed their permit properly. Those who were non-compliant this year were cited or towed. Enforcement officers gave out hundreds of warnings for paid parking violations and issued many citations. Comphance with the parking fee is not a problem on the North beach parking lot because of constant police presence and enforcement, and four previous years to become accustomed to the procedures. Ideally the City would have an attendant to take direct payment, and then assign a parking space. This would allow any police officer to come to the beach at any time and be told by the attendant, which vehicles were in violation. On the average fishing day there were few illegally parked vehicles on Kenai Avenue (which were promptly towed and/or cited), and the majority of those stopped on Kenai Avenue were loading or unloading. The majority of the people did comply with the roles knowing that they were being strictly enforced. The eventual allowance of camping on both beaches solved many problems and created others. When allowed to camp, the dipnetters left their vehicles parked in the city's parking lot all night creating more revenue for the City. The downside of allowing people to camp on the beach created issues of trash, damage done to the dunes and longer tmloading times for families along Kenai Ave. The mare problem was trash. By the end of the fishery the beach was littered with miscellaneous trash items (especially aluminum cans and bottles), even with the tide having taken away much of the trash already. Many dipnetters camped on/m the dunes in every crevasse they could. Enforcement Officers had campers move their camps immediately when such sites were found. There was also damage done to the dunes all along Kenai Avenue where dipnetters had unloaded their gear from their vehicles and walked over the dunes to reach the beach. The iron ranger on the north beach was much larger than last years', which alleviated the problem of overflowing. Also, there were no problems with the envelopes running out. This helped out in enforcing the parking fee knowing that each person had access to the fee envelopes. The signs in the parking lot and along Kenai Avenue that read "NO CAMPING" should be taken down and new signs made to explain the new roles for 2004. Over the past four years of the fishery signs have been removed/stolen from the North beach area. Several "l HOUR PARKING" signs are missing, which led to paying persons parking there. This makes it diffi¢~t for those wanting to just park for an hour, to find a place to park. This caused officers to wait an hour before citing or towing vehicles in the parking lot, to allow for persons who could not find a spot in the one hour parking area. Parking permits also left Enforcement Officers answering many questions. Information on the parking permits is sometimes misleading. The permits still state there is "No Camping Allowed." If the City decides to allow camping in the future this phrase should be deleted from the parking permit. Became the City uses the same permit for both sides of the river, there is information that applies to the North beach that does not apply to the South beach. The mare reason for confusion was became the permit stated that people had to leave for 12 hours after staying for 12'hours. This only applies to the North beach parking lot, and only when it is busy (to allow everyone the chance to park and fish), Enforcement Officers placed cones at the end of each median, hoping this would keep vehicles from parking beyond them. This seemed to solve the problem last year, but not this year. Cars would simply park past the medians and place the cones on the outside of their vehicle. This happened one time where approximately 9 vehicles had parked past the median with KPD cones on the outside. All vehicles were red tagged and towed (if their owner didn't move them before the tow arrived) because they blocked entrances and ex/ts to the lot. This only happened when there were no other places to park in the lot. South Beach A high number of warnings for failure to pay were issued. People seemed to be cooperative once their questions about fees were answered, but when the iron rangers were picked up the numbers showed something completely different. An attendant collecting the money at the end of Dunes Road is an answer to this problem. To help funnel people past the pay station, the City would need to temporarily stop vehicle access to the beach off Cannery Road during the fishery, keeping it open only to pedestrians. ! The SEOs would then.be in a much better position to immediately ticket a vehicle for not paying, no warning given. This would alleviate the problems with the fee signs and the iron rangers. The fee signs for the South beach caused confusion. First, the wording on the sign off Dunes Road - "Seasonal Fee", caused some people to believe if they paid once they were able to park there indefinitely during the "season." The sign should read something like "Dip Net Beach Parking Fee." This may cut down on the confusion. Second, the Dunes Road iron ranger was a long way from the parking area so some people did not think the fee applied to them. People knew there was a fee area; they just did not understand where it was. Others were confused because the beach iron ranger was not close in proximity to the toilets, so they were unsure where to pay. Third, the placement of the "Pay Here" sign at the beach iron ranger needs to be changed for 2004. This sign faced away from the parking area and was relatively small, so many people were not able to see it. Parks and Recreation put up orange fencing around the beach iron ranger, which increased the visibility of it, but did not help compliance. Another tactic used to increase compliance was placing orange signs on the pon-a-potties alerting people of the iron ranger, but still that did not seem to help. Again, to alleviate confiasion it might help to place a manned booth at the end of Dunes road. Camping on the south beach was not an issue, due to the policy of as long as they were paying they were allowed to set up a tent. Trash was an issue on the south beach. Early in the fishery a trash pile began to accumulate against the side of the toters. By the end of the fishery it was very large. It took Parks and Rec four truckloads to remove the trash. In 2001 the City of Kenai placed trashcans on the South beach, hoping to curb the trash problem there. However, as garbage filled the cans, persons continued to pile trash around the can creating a problem. In 2002 no trashcans were provided and a "pack it in, pack it out" policy was implememed. This policy is somewhat successful with only a few mci&ms of trash piles needing cleaned up. Driving in the vegetated areas was not a major problem this year. I found no vehicles in the vegetated areas and only a few ATV tracks. The City may want to purchase more barrier fencing or other barricades blocking vehicles from driving so close to the dunes and vegetation. ATV's are very popular on the south beach. Most often juvemles, whose parents are dipnettmg, are operating them. SEOs wrote several citations and issued warnings for operators under 18 not wearing a helmet. Fast, reckless driving of the ATVs among the dipnetters is an issue requiring enforcement action. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 199~ MEMORANDUM TO: FROM- DATE' RE: Kim Wannamaker, Police Lt. Keith Kornelis, Public Works Manager Robert J. Frates, Kenai Parks & Recreation Director August 14, 2003 Dip Net Fishery- Parks & Recreation Activity .Report & Expenses The following is a brief Activity Report of the 2003 Personal Use Fishery. Litter and Fish Waste Control A total of four (4) dumpsters were provided this season. Dumpsters were originally scheduled for twice-weekly sen, ice, however, was changed to three (3) days weekly on July 16 as a result of trash accumulation. The fist~ waste dumpsters were filled with trash during the first 2 days, however, after Peninsula Sanitation moved them to a different location the problem was rectified. The "pack it in, pack it out" was generally etTective on the South Side. A dumpster along with a kiosk should be placed on Dunes Road to facilitate this process. Sanitation Facilities Facilities were sen, iced daily, iz~cludi~g the City's permanent restroom. No problems were reported back fi-om Al Gagnon and Sons and dip net participants were generally pleased with sec'vices. Tlle South Side restrooms were located closer to dip net activities, and thus, eliminated complaints from users concerning the distance on.e had to walk last season. Sand Dune Protection ,,, A significant amount of time was dedicated to shoveling walkways on the North Side prior to the season. Walkways should have been eleva.ted more to eliminate sand build- up. During the course of the season it became extremely difficult for participants to discern the walkway areas from other paths that have been created. The orange safety fencing was repaired several times tl~rou~hout the season and should be replaced with a more permanent type fence tl~at requires less maintenance. Fee Collection Boxes The fee collection boxes used at Dunes Rd and the North Beach were enlarged this season in an attempt to double the canying capacity, t.t~us, eli~ninating e~ergency calls to cl.~ange out boxes. ~, Consideration should be given to changing the wording on the sign located near the fee collection boxes on Dunes Rd. I t was reported that some participants tl~ought this was a one-time fee area of $10 rather than a per visit basis. Post Clean-up Activities Fish waste accumulation on tl~e Non. h Side afl.er the season was significm~t as a result of low tides. A total of 8 liours were spent ~'a. king the beach after the season. ALPAR spent a day cleaning up on the South Side. This was a significant timesaving for the Parks Department since all lil. te:' had already been retrieved and piled up ready fbr delivery to the landfill. As mentio~ed, a dumpster near the parking lot will help eliminate this problem next season. Other Miscellaneous Suggestions for Next Season,! A. Establish a season pass for participants. B. Install a temporary, fee collection station (shack) on Dunes Rd. ESTIMakTES FOR MATERIALS & SERVICES Portable Toilets $17,000 Dumpsters 1,600 Fish Waste Dumpsters 605 Iron Ranger Modifications 2,3 24 Dip Net Info Cards 200 Total $21,729 LABOR ESTIMATE Removing Sand From Walkwa.ys Fee Collection, Restroom Cleaning, .Litter Control Iron Ranger Installation Dip Net Info Distribution Raking Beacl~ Total Grand Total $252 730 64 26 75 $1.147 $22.876 MEMORANDUM CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 TO' FROM' DATE- SUBJECT: Kim Wannamaker, Police Lieutenant Keith Kornelis, Public Works Manager ~ August 21, 2003 Dip Net Fishery- 2003 Expenses at Kenai Boating Facility MATERIALS AND CONTRACT SERVICES Portable Toilets, 4 ea. Dumpster Rental Misc. Office Supplies & Receipt Books Extra Pumping of Septic Tank Payment Envelopes Setting Ramp Floats and Pilings Dock & Parking Lot Signs Miscellaneous 'Backhoe- Dig Out Ramps Kids Don't Float Life Jackets Total $980.00 389.00 192.00 215.00 2,310.00 330.00 75O.OO 261.00 900.00 120.00 $6,447.00 LABOR ESTIMATE .,Setting and pulling ramp floats and pilings$672.00 $28/hr. X 4 men X 3 hrs. x 2' Collecting Launch Ramp Fees 4,357.00 P&R $12/hr. (OT) & benefits 40% = $17/hr. 5 ~ hrs. x 22 days = 121 hrs. x $17 = $2,057 Dock Hand = $2,300 .......... Cleaning & Hauling Mud off Ramps 1,020.00 4 hrs. x $30/hr. -- $120 3 men X 10 hrs. x $30/hr. = $900 , Parking Lot Painting & Delineators 560.00 2 men x 10 hrs. x $28/hr. = $560 ';Dotal ' $6,609.00 Grand Total $13,056.00 Note' Most but not all expenses are due to the Dip Net Fishery LU 111 ! !-, LLI Z n_ c~ IC~ lC ' ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ~ Z SEP-02--03 TUE 10'40 RM FAX NO, P, 13 Pre=ast Concr=to Product. Quotation N'o.#B039-16643 ('l'~uck K(;l,i~i Ih)liue [)upi 1()7 t' ,..~t,)lfl ll Willow lC (;qliti, Al(. 9'.)(,I I l')l:at Cll~tck' \¥c' havu lh~: plc,~..s~'~rc ol'ofTi:ring .for your consideration tho following quotation, subject tn ~l~.et~nrtil;cma el'aCCel, tahoe listed, which 1.ogml~er ¢ons£itute~ our/'6nnal offer. Chit qum,.qtinu R,r Ibc Tioga Special vaull, toilet is ~ tbllows: I'1)~: at~nclard 'l'ing;~ Special style proc. asr concrete toilet building, in :,1 integral cartl~tonc colin; ban~wood l'extur¢l exterior walls and simnl;itc(I ccd;~r slmle¢ tcxlnred mci will~ ABS lined P,O.B. Sl~ol,:m}e. WastJington. .Per Building $19,304.56 EA [:h.:i/::,id o1' l]~e I~dldi~g a~d two vaults Io the accessible site at ll}e f.'o~t in :\~cl~orngc, A la.qka. Total $ 25,694.56 NOle: [;','c,i[;i}t In firl~l, d,::stin,qtio~, cfi. loading, and earthwolt; to install facility shall bo the }'ml'~°,sibilil7 o£ ll,e ct~slot}}cr. Vaults weigh 14,800 pear, ds each. Buikting weighs 43,700 i}r.~muly:. Additio~a~ cost Ol.);ions include chime area storage room beween lhe two rcstroon~q, g;~Ivanize{l doors, ljl~crgtass doors, marinc package of non-corrosive stai~Icss t~tecl weld plates, cast in w;tll vcnls, window ¢rmnes, and cleanout cover hatcl~cs, plastic ~rj~als, m~d oll~er ~,:lcrior lcxturcs such as split face block, statute, exposed aggregate, and ribbed u~cl';~l ro()E A .qul'~Ci,li,';r¥ of L.I'.). Fn,.:Ior Clo/llp;~/ly Precast Concrete Products 3l'i01¢ 1~!411ll ~?.uqiv3i~, Rr),l(l, Bldg. 7 Sl~r,~.~nc.., WA 9921G '?~ii Frn,:) 800 663.57~1r) , Precast Concrete Products 'Sweet Smelling Technology ~'.. Meets UFAS, A.D.A. and title 24 statute of the State of California Vandal resistant building, vault' & Toilet Components 4" thick steel reinforced concrete walls I 5" thick steel reinforced concrete roof & floors (2) 1,000 gallons or 15,000 uses per containment vaults Black ABS One piece vault liner with side wall embeds Available in (25} different earthtone colors Barnwood, struck trowel, exposed aggregate, and split face block exterior wall texfures Cedar shake or standing seam exterior roof textures. Tioga Special The Tioga Special is a double vault toilet building designed with a 60" turning radius within each toilet room. The turning radius is measured exclu- sive of all fixtures, walls and door. The Tioga Special comes with two separate 1,000 gallon vaults to hold waste. The double vault design prevents cross venting fi'om toilet room to toilet room. Durability The Tioga Special is engineered and designed for long life in extreme conditions. The building meets or exceeds the effects of a Zone4 earth- quake, a 120 mph wind load and a 250 pounds per square foot snow load. Maintenance The Tioga Special is ex- tremely easy to maintain. . With our steel ~: '/ reinforced 5,000 psi concrete construction, the building and vault will not rot, rust or burn. The building's interior is primed and painted with white paint to reflect natural light fi'om the Lexan windows cast into the walls. Cleaning o£ the building's interior is easily accom- plished with a brush and warm soapy water. The walls and roo[ structure are made with "colored thru con- crete," which are painted with an exterior stain, followed by a anti- graffiti sealer. Available in these textures: Wails: Barnwood Texture Stucco Texture Exposed Aggregate Wall Split Face Block Texture Vautt The waste collecting vaults are installed below ground level and are made of 4" thick rein- forced concrete. The dimension of the vault units matches the perimeter of the building, provid- ing a stable footing structure which supports the full weight of the building. Each vault can hold up to 1,000 gallons of waste, or 15,000 uses each, and is sloped, so that waste will drain to the clean out end of the vault. The 'vault is lined with a black ABS plastic liner which is cast into the side walls of the concrete vault by way of dovetail embeds. Sweet Smelling ?echnoloffy The building was designed with sweet smelling technology in mind. Two black plastic vent pipes, located on the back side of the building, always face south. When heated by the sun, the pipes create a continual air flow through louvered vents located in the building near the floor. The air flows down the riser, through the vaults, and finally, up and out of the vent pipes. The air flow carries any smell out through the vent pipe, not through the . building.' Additionally, separate vaults insure the rooms will not cross ventilate, keeping each room sweet smelling. Roofs: Ribbed Metal Texture Cedar Shake __ Texture Exposed Aggregate Roof Also available in 25 different earthtone colors. Precast Concrete Products OFM57026 ISO 9001 Certified CXT Incorporated An LB. Foster Company Spokane Industrial Park .3808 N. Sullivan Road Bldg. #7 Spokane, WA 99216 Telephone 509-921-8766 Fax 509-928-8270 Toll Free 800-696-5766 http://www, cxtinc.com ¢0 ]l'¢ ]L'ET'E IX¢. P.O. Box 2393 Kenai, Alaska 99611 (907) 283 -4683 phone/fax CaS "~(907)283.4683~.'~'~::. ~},~.~'', ..:~ ;~' Concrete Inc.'s Double Vault toilet is built to be the most cost effective outdoor rest facitity avaitabte. Based on extensive US Forest Service research and design, it pro- videS: Long term durability through the use of the highest quatity buitding materiats and components. Reduced vandalism through enhanced aesthetic appeal, the elimination of of- fensive odors and the near indestruc- tible shell. Ease of routine maintenance from sim- piified housekeeping to periodic wash downs. ' Large capacity vautts minimize pumping expense Add this to Concrete Inc.'s unmatched at- tention to detait, seamtess cautk joints, cast-in coving and embossed stip resistant entry, the doubte vautt is a proud addition to any pubtic place. Product Summary Sweet Smelting Technology eliminates odors without the addition of chemicals Meets at[ current ADA, U.F.A.S. & Cati- fornia Title 24 statutes Alaska DOT approved Withstands Zone 4 earthquakes, hurri- cane force winds, and 240 pounds per square foot snow toad. · 60" Interior Turning Radius Steel reinforced concrete construction throughout · Specified 28 day strength 5000 psi · Simutated barnwood watt panets · Simulated shake roof panels United Coating penetrating stain in a choice of cotors · Graffiti resistant seal coat Interior watts are epoxy finished, floors are epoxy non-stip mastic 18 gauge steer doors, polyurethane finish, Schlage heavy duty lock set, brush type door sweep, LCN att- weather door closers Two 1000 gatton capacity vaults at 15,000 uses each · Effluent impervious epoxy vautt fining Heavy duty seat and cover assembty and cross tinked potyurethane handi- cap toilet risers · Staintess coat hooks and grab bars Lockabte rott type toitet paper dis- penser Components secured with tamper proof fasteners · Transtucent Lexan windows 12" ID black, unpainted, polyethy- lene plastic vent pipe Generat manager, Ray Rowtey uses his 30 years experience in the concrete field to present the finest of concrete precast products. Please fee[ free to contact him at the num- ber tisted on this brochure or e-mait us at concrete®ptia[aska, net September 21903' Volume. !6 ................. Issue Visit us at' www.5oldotnoCholnbcr,.corn Ernail us al" info~5oldotnoChornbcr,.com MARK YOUR CALENDAR Annuoi L~bor IS)dy Picnic ......... SejlJ. 1 5oldotno 5~nior Center Foil Round Up ............................. Se~t 6 9-11 Community Appreciation boy .................... Sel~ 11 Boys and Girls Club Annuol Auction Gallo...' ........ $1~11.13 United Way Kick-Off ............ Sejll. 18 following inserts in this newsletter! Ii · BloodBankofAlaska Exploring Alaska TV Show · Computer Needz · Declaration of Candidacy Forms · Pie Auction Donation Forms · The Fitness Place · Soidotna Senior Center Fall Round Up · Sterling Needleworks IHDUSTRY APPRECIATIOH DAY 2003 Industry Appreciation Day was held Saturday, August 23. The weather was beautiful, which contributed to an excel- lent turnout. The Soidotna Chamber handed out 600 lbs. of watermelon! At the event, Tourism, Oil and Gas and Com- mercial Fishing were recognized. Awards in each of these industries were given, out in the following categories: TOURISM IHDUSTRY AWARDS: Outstanding Support Business in Tourism: Homer Stage Line Homer Stage Line has been connect- ing all points on the Peninsula for our visi- tors for the past seven and a half years. Owned and operated by 29 year Alas- kan resident Don Krueger, they run 4 vans full of passengers and packages over 60,000 miles in the summer months. They are the only operating bus system that covers the entire peninsula, traveling round trip to Anchorage 7 days a week and seward 5 days a week. Don and his employ- ees take great pride in the beauty and history of the Pen- insuta, and enjoy stopping at points along the way to share scenery and stories with their customers. In addition, local chambers and visitor centers have been able to count on Don to tend a hand free of charge transporting packages and recreation guides all over the Peninsula. Outstanding Individual in Tourism: Sally Hoskins Since moving to Alaska in 1975, Sally has owned and operated 18 businesses, and all since she was 38 years old! During this time she has employed over 1,500 people, including most of her 6 children, 14 grandchildren, 3 daugh- ters-in-law, and 1 son-in-law. She is truly an Alaskan from head to toe. Several of her businesses have Alaskan themes and she enjoys reading about Alaskan folklore, about the good die early days of our wonderful State. Not only does she promote local tourism, she person- ally tries to greet and visit with all of the tourists that seem to migrate into Sal's Diner each summer. She has had some of the same return customers for 25 years from all over the lower 48, and the world. In the dictionary under: hard working, never give up, positive attitude, there are no problems--only solutions, you will find the name: Sally Hoskins. Outstanding Business in Tourism: Major Marine Tours Major Marine Tours, providing excellence in customer service, offers world class wildlife and glacier cruising, educational opportunity given by a uniformed National Park Ranger on Seward departures, and the famous wild Alaska salmon and prime rib meal served at a reserved table, give both Alaska residents and visitors alike, a day-cruise experience of a lifetime. Major Marine Tours is a visible business on the Seward waterfront and supports the Seward community and others interested in the Seward small boat harbor with their live web cam. In addition, they are visible year round with attendance at a variety of travel shows nationwide, educating travel agents, tour operators and consumers to include the Kenai Peninsula as their destination of choice when traveling to Alaska. Major. Marine Tours plays an activ: role as a board member of the Kenai Penin- sula Tourism Marketing Council and is a valu- able player for the Seward Chamber of Com. merce/CVB, supporting the Chamber when- ever complimentary cruises are needed to promote the beauty and grandeur of Kenai Fjords National Park. 0IL AND GAS IHDUSTRY AWARDS: Outstanding Oil & Gas Industry Support Business: Pollard Wireline Incorporated Pollard Wireline is a true local success story, tt is the story of Freddie and Lynn Pollard risking everything they owned to build their own company right here on the Kenai Peninsula. Pollard Wireline has grown from a small opera- tion with just three employees in 1995 to a company that now boasts nearly 30 employees and millions of dollars worth of state of the art wireline equipment and contracts all over the Cook Inlet Basin, :he North Slope and even recently in the Ivory Coast in ~,frica. Founder Freddie Pollard be .lan his career in the oil & gas business in 1969 right after he married his childhood sweetheart, Lynn. Starting out in the Gulf of Mexico, Freddie's career took him all over the world including the Persian Gulf, France and the North Slope before finally settling here on the Kenai Peninsula in 1978. Freddie worked for ARCO for 16 years in places like Kuparak, the King Salmon platform and the Spart<'-' ':~orm before he took the plunge into establishing Poll. ~ ..'ireline. Perhaps ...CONTINUED 0N PAGE 3 DON'T MISS IT... Co,trig Saturday, October l lth Look for our insterts in this ney,, ~lctter or call the Chamber office for more in.b-262-9814 Board 0fb'irectors President ,Sa~ara Elson 'vYells Fargo 262-4435 President Elect Tim Pope Natron Air 262-8440 Vice President Dena Cunningnam McDonalds 262-2221 Secretary/Treasurer Mike Frost 1st National Bank Alaska 260-6023 Dan Mortenson Four D Carpet One. 262-9181 Paul Gray Exploring Alaska w/Paul Gray 262-9008 Norm 81akeley Alaska Trading and Loan 262-6100 Sammie Cole Southcentral Title Agency 262-4494 Theresa Colton ACS Wireless 260-8657 Jim Golden Alaska Sports Den 262-7491 Kurt Olson Individual 260-4822 Jim Stogsdill City Council Seat 262-5622 Ken Lancaster Lancaster Enterprises 262-4591 Soldotna Chamber of Commerce Phone 262-9814 Fax 262-3566 Executive Director Keren Kelly Visitor Center Coordinator Shanon Hamrick Member Service Manager Erica Williamson Bookkeeper Nita Fend River City Pull Tabs 260-6100 Rebecca Hanson Sarah Sharer Alaska's SOLDoTNA You cttin io t Y om Yo. Membership? When was the last time you uti- ]ized the marketing opportunities we offer to all members at our weekly luncheons? If your answer is "never," or "not recently:" you~x'e missing a great opportunity! Here are a few of the marketing benefits WATCH YOUR MAIL... 2004 Recreation Guide Packets will be coming soon. LAST YEARS ADS SOLD 0b,! HELP WANTED PIE BAKER REQUIREMENTS: Must have a de- we provide at our luncheons' sir',munity,l'o suppor1'your your com- T~gEL Sfl0W' ':~ chamber and ' <: · · Distribute Flyers/Brochures '-,-~---'" \ i1's pr'ograms. Bakers I' , . should be able to accept The 2003 Winter Recre- ~!complirnents, kudosationandTravelShowwill..::~ Network Before and After · Announce your event or fi~."'~. '~.~~ and public re. cogni- be held in .Anchorage Sep-.'! ' ' "- · · tember,26, 27 and 28. We.4-.i Promotion during luncheon ~ t~on. P~¢s are needed If you haven't been to a Cham- .~~~3~' for our Annual Pie know it s hard for you to get:ii bet luncheon to witness the I["-' "-Z'! Auction on Saturday, -- awav fora wa°lc weekendi amount of business that is con- ~ [ i October 11, 2003. to a~tend a show like this, .: ducted, take the time to drop in. ~_~2 ~~-4~J ! ? Call the 5oldotna so let us do it for you! They are held every Tuesday at 'X,'~~-7" Chamber of Commerce Shanon, our Visitor Center~ noon at the Riverside House. For ,~ 5.~. Q at 262-9814 for more in- Coordinator, will be attend- more into. call 262-9814. /_,.,'.g/l.',~,)x,-; ~; :...~_/ rormaTion. You '.are invited to at- auction that promises to have something pENINI tend the Kenai Pen- for everyone, and diner's choice of a FOOl} insula Food Banks unique, one-of-a-kind hand-crafted Soup Supper.'& bowl to take home. Auction Friday, If you would like to invest in your September 5 community and help fight hunger on at the Cen- the Peninsula, the food bank welcomes tral Penin- donated auction items. All proceeds sula Sports from this event will be used to help Center begin- raise funds for the operating capital to ning at 5'30 p.m. maintain the warehouse, soup kitchen, The Annual Soup Supper & Auction is equipment and staff required to distrib- one of the Kenai Peninsula Food Bank's ute tbod to the needv. The Kenai Penin- most important fund raising activities, sula Food Bank does not receive any Enjoy a variety of different soups, rolls local or state government funding and and butter, assorted beverages and des- relies completely on the generosity, of serts. In addition to the meal, each $25 our community. For rnore information, dinner ticket includes entertainment, an call the Food Bank at 262-3111. ,~ :.. ing the three day show. We ..- are excited about targeting.T,~ tourism for winter activities on the Peninsula! If you are open year round and would like to be represented, [ us 50 of your brochm · .. take with us. ~!~': Shanon will also be cam :..;. --' ' piling a calendar of events.:;i~ for the winter months to pass out at the booth. If you have any activities you would like to have added, or need additional information, please give her a call at 262- 9814.. Thank you/hr your '"~ help in promoting the Pen-' i11' insu:a this winter. · CHAMBER BOARD ANNOUNCES... BOARD NOMINATION TIME AGAIN The Soldotna Chamber is looking fbr a few good people. If you would like to help your commanity and can commit to the following, we would like to invite you to be on our board. · Attend weekly luncheon meetings & monthly board meetings in the m '...ag · Participate on one or more cOmmittees · Encourage potential members to join the Soldotna Chamber There will be three elected (3 year terms) and three appointed (1 year terms) seats opening up. If you are interested in serving on the Soldotna Chamber of Commerce Board of Directors for the 2004-2006 elected term and would like to be considered as a candidate in the upcoming election, or if you are interested in serving as a one-year appointee, please fill out the enclosed Declaration of Candidacy tbrm and return it to the Chamber Office no later than Wednesday, October 8. 2003 or vou can fax it to the Office a: 262-3566. '2' The Greater Soidotn~a Chamber of Commerce 9tl1 ririual The air is crisp and the leaves are be- / ~ing to turn gold, that means it's Pie . / Auction time again! Coming on Satur- day, October I1, this tun event ?,7" will be held at the Soldotna Sports Center. In keeping with our Hawai- ian theme, we will have an authentic luau with a new menu this year, and Hawaiian music, food and leis for all. Come join the fun starting with a no-host bar at 6:00 pm and a delicious sit- down dinner at 6:30 pm. The real excitement begins at 7:00 with a fun and fast paced Auction in which 45 delicious pies will be sold. These pies are not only a delec- table treat, but each and every, pie has a secret prize attached to it! This year's grand prize is a trip for two to Hawaii! You can sponsor a table that seats 10 tbr only $200, or a single seat tbr only $20. These tables go fast, so give us a call at 262-9814 to reserve your space today. Mahalo for supporting your Soldotna Chamber of Commerce and our High School Scholarship Fund. If you would like to support the event, please fill out the enclosed donation form. INDUSTRY APPRECIATION AWARDS co o,.o.,... the thing that Freddie and Lynn take the most pride in is the loyalty of their employees. Turnover at Pollard Wireline is a rare thing because of the care and loyalty Freddie and Lynn give their employees, if you want a clear sign of just how good the crew at Pollard Wireline really is, just look at their safety record. 1620 days and counting without a single lost time accident. Success in business is not the only measure of Pollard Wireline. Their com- mitment to the local community is another reason for honoring Pollard Wireline this year. Every year, Pollard Wiretine makes substantial contributions of funds, equipment and time to local youth groups, youth sports and community organi- zations like the Kenai Little League, Boys & Girls Club Soccer, MDA, Kenai :nsula Youth Court, Girl Scouts, Nikiski High School Sports, Kenai Central .)School Sports, Pop 'vYarner Football. KPHA, Special Olympics, Soldotna wrestlers, United Way, Cook Inlet Academy and too many other organizations to list here. Pollard Wireline is a great member of the community of the Kenai Peninsula. Outstanding Individual in the Oil & Gas Industry: Mr. Dwight Johnson, Unocal A 40 year resident of the Kenai Peninsula, Dwight Johnson has been a part of the oil & gas industry for over 27 years working for Unocal. Dwight has done practically every job imaginable in offshore production, operations and mainte- nance until promoted to Production Foreman on the Bruce, Baker, Monopod and Dillon platforms. Dwight has served in his current job of Operations Supervisor for the last six years, and is responsible 10 platforms, three shore side facili- ties, 250 Unocal & Contract employees and a budget that exceeds $65 million. Dwight has also done contract work on the North Slope, Louisiana, Texas and Holland. Besides his work for Unocal, Dwight has also given of himself to the commu- nity. Dwight is a member of the Kenai Peninsula Industry Careers Committee, a member of the Soldotna Chamber of Commerce, a member of the Strategic Planning Committee for Central Peninsula General Hospital, a member of the Soldotna Airport Planning Commission, and has served as a member of the Kenai Peninsula Borougtn West Side Development Task Force. And in his spare time, Dwight also works with many local youth programs. Dwight and his wife of 29 years, Lenoria, have raised their two children here on the Kenai Peninsula, and have also been foster parents to local kids in need. In his spare time, Dwight has also been a charter boat captain out of Deep Creek, a pilot and a carpenter. Dwight is highly respected by his peers in the oil & gas industry due in no small part to his dedication to workplace safety, environmental responsibility, the 250+ Unocal Cook Inlet employees and the communities they live in. Outstanding Business in the Oil & Gas Industry: Marathon Oil Corporation lrathon has been exploring for hydrocarbons in the Cook Inlet Basin for , than 40 years. As a leading explorer for natural gas in Cook Inlet, Mara- thon now supplies over 60 percent of the natural gas used by the local public utility market to light the lights and heat the homes and businesses of South Central Alaska. Marathon is also a partner in the Liquefied Natural Gas plant in Nikiski since it first went on line in 1969. And Marathon just completed construc- tion of the new Kenai Kachemak natural gas pipeline on budget and three months ahead of schedule and will deliver the first natural gas to market through '3' i 9-11 COMMUNITY'- APPRECIATION DAY On Thursday, September 11th at 7pm at the Soidotna Sport's Center, the Mayors of Kenai and Soldotna in- vite all members of our combined communities to come and help recognize the contributions made by all community members of Scouting, Young Marines, Ac-- tive Duty Military, and the VFW Honor Guard and Women's Auxiliary. This informal event is to provide a forum for community celebration as we acknowledge the past, present and future leaders who serve America in uniform today. The women and men in scouting are our future leaders, the Young Ma- dnes and Active Duty Mill- tary are present leaders and the dedicated mem- bers of the VFW Honor Guard and their Auxiliary con- tinue to serve as they did in the past. Please join Kenai Mayor John Williams and Soldotna Mayor Dave Carey as we host this Twin City Mayors Salute to these outstanding community members. this important new pipeline in the next few weeks. Marathon's commitment to our region is shown through its continued aggres- sive long-term exploration and production program that is entering its third year on the Kenai Peninsula. Marathon has drilled numerous successful natural gas wells in the last few years including Sterling Deep, Wolf Lake and the Niniicnik area, and will also begin drilling a world class multilateral well at Cape Kasiiof later this year. In 2004, Marathon Oil Corporation is planning a capital and expense budget that will exceed $80 million. And in the midst of this amazing amount of work, Marathon has maintained a superior and sustained Health, Environment and Safety record for its company and contract employees. But it's not just drilling and natural gas production that makes Marathon an outstanding company. Marathon Oil Corporation has a proven record of commit- ment to the environment and local communities of the Kenai Peninsula. Marathon Oil Corporation is the recipient of this year's U.S. Fish & Wildlife Service Corpo- rate Stewardship Award. And Marathon is an active supporter of numerous local community groups including the Boys and Girls Club, the Ninilchik Fair Association, United Way, the Skyview Cheerleaders, Kenai Watershed Forum, the Challenger Learning Center of Alaska, Kenai Peninsula College, Kenai Food Bank, Peninsula Winter Games and many others. COMMERCIAL FISIIlNI{ IHDUSTRY AWARDS: Outstanding Fishing Industry Support Organization: Kachemak Gear Shed Kachemak Gear Shed opened in the late 1970's and has been the major supplier of fishing supplies on the southern peninsula ever since. In 2002, after many years in the Northern Enterprises boatyard, Kachemak Gear Shed moved into the former Kenai Supply building on East Road in Homer to allow for in- - creased display area. Customers new and "old" have all been impressed with the amount and variety of merchandise available in small town Homer. Outstanding Individual in th,., Fishing Industry: James Showalter James Showatter has been i~'.voived with commercial fishing since he was a child helping his dad with the set nets. He has been a Cook Inlet commercial drift fisherman for 30+ years and is a past member of the United Cook Inlet Drift Association. At present, James sits on the Kenaitze Tribal Council, is a Kenaitze Tribal Judge, and is on the Kenaitze/Salamatof Housing Board. James is also on the board of the Kenai Peninsula Food Bank, Cook Inlet RCAC, and the Kenai Peninsula Resource Conservation Development District. James is also involved with Cook Inlet Treaty Tribes and is on th.:~. Working Committee of the Kenai Peninsula Fisherman's Fund. Outstanding Fish Processor: D,-,~ :reek Custom Packing, Inc. Deep Creek Custom Packing, Incor ';:aced, is a primary buyer and secondary processor of wild Alaska seafoods t,-~at has been operating continuously in Ninilchik since 1960. They employ 115 people seasonally and 40 people year round. The owners, Jeff and Mary Berger have been in the processing industry since 1975 and have operated on the Kenai since 1986. Prior to 1986 they operated large production facilities in Bristol Bay and Kodiak. it is evident from their history in the industry and on the Kenai Peninsula that they are dedicated to insuring a healthy future for all businesses in this area by creating gainful employment year round. They firmly believe that by taking their vast resources to a higher level of production they ca.1 continue to develop a prosperous economy for all future generations of Alaskans. Soldotna Chamber of 44790 Sterling Hwy. Soldotna, AK 99669 Commerce PRSRT STD U.S. POSTAGE PA]:D $OLDOTNA AK PERMrr' NC~. 5 City of Kenai Mayor John Williams 210 Fidalgo Ave. Kenai, AK 99611 AS "To provide enhanced success of our membership and serve as a driver in developing 5oldotna's future." The Soldotna Chamber Connection is a monthly publication of the Soldotna Cham- be~ o;: Comme~ce. This publication is sent to me~.be~s and-associated o~ganizations. Call Us! 34ail Us/ F~oc Email Us/ I~"ere are many ways to submff story ideas (or stories themselves)' · 262-9814 ~_~O~s, 44790 Sterling Hwy. ~,.~,------~ Soldotna, AK 99669 ~~ 262-3566 '-------_____.~ info~soldotnachamber, com REACH AN; AUDIENCE' R:I::fiHT'~ IN YOUR OWN BACKYARD . 'RATES: Business Card Size ' $2.0. Full'Pagelnsert-One. a year is FREE ................... All rates', are for one camera-ready advertisement for one issue of the Chamber Connection. All ads must be recieved no later than the 15th of the month preced- ing publication. Send your artwork to the Chamber office or call us at 262.-9814 for more.- information! .i ,.'-.4 C~ AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 17, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us 6:00 P.M. -- Council/Staff Meeting 7:00 P.M., Board of Adjustment Hearing, 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 Groomingdales, 1802 4th Avenue, Kenai, Alaska, Appellant. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Greg Getty-- Cemetery Donation .ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2009-20031FOURTH HEARING -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. 2. Ordinance No. 2014-2003 -- Decreasing Estimated Revenues and Appropriations by a Net of <$9,155> in Two Senior Citizen Funds. 3. 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. 4. Resolution No. 2003-45 -- Adopting an Alternative Allocation Method for the FY04 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. 5. Resolution No. 2003-46 -- Supporting Senate Concurrent Resolution 12, Acknowledging the Natural Unfairness in the Current Local Governmental Structure and Requesting the Local Boundary Commission to Present a Recommendation for Borough Incorporation to the Legislature in Order to Formally Request Residents Living in Unorganized Alaska to Help Operate and Financially Provide for Their Local School System. 6. Resolution No. 2003-47 -- Transferring $22,500 in the Wellhouse No. 4 Capital Project Fund for Engineering Services. 7. *Liquor License Transfer -- From Spencer Han, d/b/a New Peking Chinese Restaurant to Jennifer Lee, d/b/a New Peking Chinese Restaurant. 8. *Application for Restaurant Designation Permit -- Jennifer Lee, d/b/a New Peking Chinese Restaurant. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. * Ordinance No. 2016.2003 --Increasing Estimated Revenues and Appropriations by $3,882.90 in the General Fund for an Alaska Highway Safety Grant to Purchase a Mobile Data Terminal. EXECUTIVE SESSION -- None Scheduled. ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at httD://www.ci.kenai.ak.us Carol L. Freas, City Clerk D259/211 MAKE 2§ PACKETS COUNCIL PACKET DISTRIBUTION / COUNCIL ~EETIN6 bATE' Mayor/Council Attorney Clerk Police Deportment Senior Center Librar~ Fire Department VISTA AGENDA DISTRIBUT'J:ON Sewer Treatment Plant Streets i ,Shop Dock Buildin~ Maintenance Animal Control Water/Sewer Counter DELZVER Council Packets to Police Department Dispatch desk. The Clarion & Gilman's Office will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be emailed as soon as possible after Noon on packet day. The camera-ready agenda (c'/myfiles/documents/minute$/agenda form for paper)is emailed to the Denise at P¢~insu/a c~/a~ion (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions and ordinances for public hearing)are placed in the Clerk's HTML file or emailed to the Clerk. Place them onto the city's web$ite with Front Page from there as soon as possible befoPe leaving the office for the weekend. Rick Ross Carol Brenckle Barry Eldridge James Jenckes Until October 7, 2003 Election, MAKE 29 PACKETS