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Home My WebLink About2003-12-17 Council PacketKenai City Council Meet ing Packet December 17, 2003 AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 17, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: ITEM C: ,,S, CHEDULED PUBLIC COMMENTS (10 minutes) REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCI_LS ITEM D: PUBLIC HEARINGS , Resolution No. 2003-55 -- Requesting the Remaining Funds of State of Alaska, Department of Community and Economic Development Grant #8/00-001 be Reappropriated to the City of Kenai Maintenance Shop Site Remediation Project. . Resolution No. 2003-56 -- Setting the Time and Place for a Public Hearing on the Basin View Subdivision Special Assessment District (Dolchok Lane, Kim-N-Ang Court, and Cub Court). e Resolution No. 2003-57 -- Setting the Time and Place for a Public Hearing on the Schooner Circle Special Assessment District. , Resolution No. 2003-58 -- Setting the Time and Place for a Public Hearing on the Pillars Special Assessment District (Chinook Drive and Sockeye Circle). , Resolution No. 2003-59 -- Setting the Time and Place for a Public Hearing on the Toyon Way Special Assessment District. , Resolution No. 2003-60 -- Transferring $4,000 in the Comprehensive Plan Capital Project ~und for Plan Document Printing. , Resolution No. 2003-61 -- Transferring $5,000 in the Multipurpose Facihty Capital Project Fund for Construction and Installation of Utilities in the Storage Room. o *Liquor License Renewal-- George's Casino Bar-- Beverage Dispensary. ITEM E: COMMISSION/COMMITTEE REPORTS o 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention as Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games ITEM F' MINUTES , *Regular Meeting of December 3, 2003. *December 3, 2003 Work Session Notes. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS , Approval -- Request and Sign Naming Softball Complex in Honor of Steve Shearer. ITEM I: NEW BUSINESS o Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 . Approval -- a. Airport Taxiway Improvements/Access to Lots 6 & 7, Block 5, General Aviation Apron (Ron's Rent-It Service) b. Consent to Sublease/From Ron Swanson to Federal Express Corporation/Lots 6 & 7, Block 5, General Aviation Apron . Discussion -- Potential Conceptual Drawings for Improvements to the Multipurpose Facility for the Arctic Winter Games. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ,, ,,ADJOURNMENT z 0 > ~~OW > --0~ <0 MAYOR'S REPORT DECEMBER 17, 2003 REGULAR COUNCIL MEETING SUBSTITUTE: CHANGES TO THE AGENDA Item D-l, Resolution No. 2003-55 -- Change in last "whereas" removing "ADEC." REOUESTED BY: CLERK CONSENT AGENDA MAYOR'S REPORT CITY OF KENAI SUBSTI'I ... ~. Suggested by: City Council RESOLUTION NO. 2003-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE REMAINING FUNDS OF STATE OF ALASKA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT GRANT #8/00-001 BE REAPPROPRIATED TO THE CITY OF KENAI MAINTENANCE SHOP SITE REMEDIATION PROJECT. WHEREAS, in August, 1999, the City of Kenai was awarded a grant from the State of Alaska, Department of Community and Economic Development Municipal Grant Program in the amount of $250,000 to be used for the design of an airport fire station, warm storage facility, and maintenance facility; and, WHEREAS, construction of the airport fire station and warm storage facility were recently completed using federal funds and approximately $98,686 of the Community and Economic Development grant funds were used for professional services to prepare a preliminary design of a maintenance facility, however the project did not advance due to the lack of funding; and, WHEREAS, environmental investigation of the city maintenance yard (the eventual site of the proposed maintenance facility) revealed the need to perform environmental clean-up on the property and was noted as a long-term liability of $1.4 million in the recently completed Comprehensive Annual Financial Report; and, WHEREAS, the preparation of this property for placement of a maintenance facility will require the removal of soil and other items with associated treatment and/or disposal; a sewer main extension into the yard with connections to floor drains and restrooms; proper abandonment of old leach pits; and, further soil and groundwater testing and monitoring; and, WHEREAS, some preliminary site investigations have been completed and ADEC has requested the city proceed with the remediation; and, WHEREAS, a re-appropriation of the $151,314 remaining grant funds could be added to other funds to complete the project. NOW, THEREFORE, BE IT RESOLVED By THE COUNCIL OF THE CITY OF KENAI, ALASKA, to request the remaining $151,314 of the State of Alaska, Department of Community and Economic Development Grant #8/00-001 be reappropriated to the City of Kenai Maintenance Shop Site Remediation Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk clf Suggested by: City IP-I CITY OF KENAI RESOLUTION NO. 2003-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE REMAINING FUNDS OF STATE OF ALASKA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT GRANT #8/00-001 BE REAPPROPRIATED TO THE CITY OF KENAI MAINTENANCE SHOP SITE REMEDIATION PROJECT. WHEREAS, in August, 1999, the City of Kenai was awarded a grant from the State of Alaska, Department of Community and Economic Development Municipal Grant Program in the amount of $250,000 to be used for the design of an airport fire station, warm storage facility, and maintenance facility; and, WHEREAS, construction of the airport fire station and warm storage facility were recently completed using federal funds and approximately $98,686 of the Community and Economic Development grant funds were used for professional services to prepare a preliminary design of a maintenance facility, however the project did not advance due to the lack of funding; and, WHEREAS, environmental investigation of the city maintenance yard (the eventual site of the proposed maintenance facility) revealed the need to perform environmental clean-up on the property and was noted as a long-term liability of $1.4 million in the recently completed Comprehensive Annual Financial Report; and, WHEREAS, the preparation of this property for placement of a maintenance facility will require the removal of soil and other items with associated treatment and/or disposal; a sewer main extension into the yard with connections to floor drains and restrooms; proper abandonment of old leach pits; and, further soil and groundwater testing and monitoring; and, WHEREAS, some preliminary site investigations have been completed and ADEC has requested the city proceed with the remediation; and, WHEREAS, a re-appropriation of the $151,314 remaining ADEC grant funds could be added to other funds to complete the project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to request the remaining $151,314 of the State of Alaska, Department of Community and Economic Development Grant #8/00-001 be reappropriated to the City of Kenai Maintenance Shop Site Remediation Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17t~ day of December, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk clf Suggested by: Administrat~ CITY OF KENAI RESOLUTION NO. 2003-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE BASIN VIEW SUBDIVISION SPECIAL ASSESSMENT DISTPJCT (DOLCHOK LANE, KIM-N-ANG COURT, AND CUB COURT). WHEREAS, a final assessment roll has been filed with the City Clerk on the Basin View Subdivision Special Assessment District; and, WHEREAS, KMC 16.10.090 requires the City Council to fix the hearing date. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the regular council meeting of January 21, 2004, to be held in the Kenai Council Chambers, be set as the time and place for a public hearing on the Basin View Subdivision Special Assessment District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: clf FINAL ASSESSMENT ROLL BASIN VIEW LID (Dolchok Lane, Kim-N-Ang, & Cub Court) *****Based on each of the 40 property owners paying an equal share****~ 'ID # OWNER ACRE 100% of Cost 25% of Cost 1 04926214 i KLABEN t 1.02 9,477 ~ 2,369 2 04926213 KLABENI 1.45 9,477 I 2,369 3 04926212 iPLOUS & BARNARD 1.38 9,477I' 2,369 4 04926211 LEE 1.94 9,477 2,369 .... 5 04926209 ~RAINEY 2.25 9,477 ~ 2,369 6 04926208 KREIN 3.70 9,477 I 2,369 7 04926207 .HOOD 1.67 9,477 ~l 2,369 8 04926206 LASHOT I 1'35i 9,477i 2,369 9 04926205 .ROSS 0.93! 9,477I 2,369 10 04926115 tCHEEK 3.05 9,477 2,369 11 04926124 IMISHLER . 0.99 9,477 2,369 12 04926123 !RICHARDSON 0.99 9,477 2,369 13 04926122I!WOLSTERMAN 0.99i 9,477 i 2,369 16 04926119 'LEMAY 0.921 9,477 2,369 17 04926118 'STEWART I 0.921 9,4771 2,369 18 04926117 BALDWINI 0.92r 9,477 t 2,369 ':19 04926116 iBALDWIN ' 1.00: 9,477 2,369 20 04926130 . BALDWIN ' 7.08 9,477 ' 2,36~- 21 04926131 ^BLES 3.64 9,477 2,369 22 04926112 GAHR 4.55 9,477 2,369 23 04926111 ~EUBANK 3.69, 9,477 1 2,369 24 04926110 LARSON 2.71 9,477 2,369 25 04926109 I CHAFFIN 2.80 9,477 ~ 2,369 26 04926129 i DOLCHOK 1.07 9,477i 2,369 27 04926106 ;RHODES f 1.83i 9,4771 2,369 28 04926015 COLYER 1.00i 9,477 2,369 29 04926105 . PETTEY 0.92 9,4771 2,369 30 04926128 ;PETTEY , 0.931 9,477t 2,369 31104926127 !FERGUSON , 0.90I 9,477 ~ 2,369 32104926102 iFERGUSON I 0.92. 9,477 i 2,369 33 04926101 , BROWER 0.92i 9,477 2,369 34 04926024 HUTCHINS 3.00[ 9,477 2,369 35 04926057 COSTON 1.08i 9,477 2,369 PLAGGE 1001 9,477 2,369 36 04926043 ! , 37 04926203 j PLAGGE 0.92 9,477 2,369 KNUDSEN & 38 04926202 ARMSTRONG 0.94 9,477 2,369 39 04926201 HAYWOOD 1.08: 9,477 2,369 40 04926210 CITY OF KENAI 0.41 9,477 2,369 , TOTAL 68.72/ 379,068 94,767 Project Costs I Administration i 2,203 Includes Est. Publication cost of $1,023 Engineering [ 40,835 Construction i 336,030 Includes Enstar bill of $6,016.82 TOTAL 1379,o68 i , Suggested by: Adminis: ....... CITY OF KENAI RESOLUTION NO. 2003-57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE SCHOONER CIRCLE SPECIAL ASSESSMENT DISTRICT. WHEREAS, a final assessment roll has been filed with the City Clerk on the Schooner Circle Special Assessment District; and, WHEREAS, KMC 16.10.090 requires the City Council to f~x the hearing date. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the regular council meeting of January 21, 2004, to be held in the Kenai Council Chambers, be set as the time and place for a public hearing on the Schooner Circle Special Assessment District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' clf FINAL ASSESSMENT ROLL IPARCEL # IOWNER 04943019 Bingham 04943020 Weaver 04943021 Chivers 04943022 Scallan 04943023 Jensen SCHOONER CIRCLE LID Properties to be assessed: Lots 1-5 Block 3 VIP Park Estates Subdivision 100% 1 1.55 67,518 0.259631 14,555 2 1.14 49,658 0.190955 10,705 3 1.18 51,401 0.197655 11,081 4 1.12 48,787 0.187605 10,517 5 0.98 42,689 O. 164154 9,203 Assessment Adjustment Assessment 3,639 (2183) 1456 2,676 546 3222 2,770 546 3316 2,629 546 3175 2,301 546 2846 TOTAL Project Costs Admin. Engineering Construction Total 5.97 260,053 100% 56,061 '14,015 - 14015 993 administration includes estimated publication costs of $418 6,250 48,818 56,061 Suggested by: Administraum, CITY OF KENAI RF~OLUTION NO. 2003-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE PILLARS SPECIAL ASSESSMENT DISTRICT {CHINOOK DRIVE AND SOCKEYE CIRCLE). WHEREAS, a final assessment roll has been filed with the City Clerk on the Pillars Special Assessment District; and, WHEREAS, KMC 16.10.090 requires the City Council to fkx the hearing date. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the regular council meeting of January 21, 2004, to be held in the Kenai Council Chambers, be set as the time and place for a public hearing on the Pillars Special Assessment District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' clf iiiml IOWNER Rossillo Kopp Ross Richards Brown Lazenby Myers Hutchings Zurfluh Moore Oberts Oberts Oberts Wykis Baisden Jung Mattero Oberts TDS Const. Oberts Oberts Oberts Final Assessment Roll PILLARS LID Chinook Drive & Sockeye Circle Properties to be assessed: KN0950032 T05N R10W S07 SUB PART ONE Lots 1-7 &16 & 17 KN0970031 T05N R10W S07 SUB PART TWO Lots 8-15 & 18-22 i"*"C''" I'°'1 *C"I Sq. Feet %ofTotal 100% IASSESSMENT I 04937112 1 1.14 49,658 0.032113 3,994 999 04937113 2 1.48 64,469 0.041690 5,186 1,296 04937114 3 1.29 56,192 0.036338 4,520 1,130 04937115 4 1.35 58,806 0.038028 4,730 1,183 04937116 5 1.38 60,113 0.038873 4,835 1,209 04937117 6 3.83 166,835 0.107887 13,420 3,355 04937118 7 1.61 70,132 0.045352 5,641 1,410 04937123 8 1.40 60,984 0.039437 4,905 1,226 04937124 9 1.41 61,420 0.039718 4,940 1,235 04937125 10 1.40 60,984 0.039437 4,905 1,226 04937126 11 2.15 93,654 0.060563 7,533 1,883 04937127 12 1.34 58,370 0.037746 4,695 1,174 04937128 13 1.32 57,499 0.037183 4,625 1,156 04937129 14 1.41 61,420 0.039718 4,940 1,235 04937130 15 1.36 59,242 0.038310 4,765 1,191 04937119 16 1.12 48,787 0.031549 3,924 981 04937120 17 1.37 59,677 0.038592 4,800 1,200 04937131 18 1.97 85,813 0.055493 6,903 1,726 04937132 19 2.27 98,881 0.063944 7,954 1,988 04937133 20 1.98 86,249 0.055775 6,938 1,734' 04937134 21 1.51 65,776 0.042535 5,291 1,323 04937135 22 1.41 61,420 0.039718 4,940 1,235 TOTAL 35.50 1,546,380 1.000000 124,386 31,097 Admin. Engineering Construction Total 1,599 administration includes estimated publication costs of $682 22,100 100,687 124,386 Suggested by: Adminis CITY OF KENAI RESOLUTION NO. 2003-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE TOYON WAY SPECIAL ASSESSMENT DISTRICT. WHEREAS, a final assessment roll has been filed with the City Clerk on the Toyon Way Special Assessment District; and, WHEREAS, KMC 16.10.090 requires the City Council to fix the hearing date. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the regular council meeting of January 21, 2004, to be held in the Kenai Council Chambers, be set as the time and place for a public hearing on the Toyon Way Special Assessment District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2003. ATTEST' JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance. ~~/1~ clf FINAL ASSESSMENT ROLL TOYON WAY LID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Parcel # 04714026 04714052 04715007 04715008 04715006 04715009 04715005 04715010 04715004 04715011 04715003 04715012 04715002 04715013 04715001 04715014 *******Based on property owners paying proportionally based on square footage******* % of OWNER ACRE Sq. Feet Total 100% Assessment LANDUA 0.21 9,148 0.044681 5,921 1,480 EHRHARDT 0.33 14,375 0.070213 9,304 2,326 LOFSTEDT 0.22 9,583 0.046809 6,203 1,551 MARTIN 0.37 16,117 0.078723 10,432 2,608 LOFSTEDT 0.23 10,019 0.048936 6,485 1,621 CANADY 0.36 15,682 0.076596 10,150 2,537 JACKSON 0.23 10,019 0.048936 6,485 1,621 SALNESS 0.35 15,246 0.074468 9,868 2,467 OLSEN 0.22 9,583 0.046809 6,203 1,551 SALNESS 0.35 15,246 0.074468 9,868 2,467 OLSEN 0.22 9,583 0.046809 6,203 1,551 WINSTON 0.39 16,988 0.082979 10,996 2,749 EVERY 0.25 10,890 0.053191 7,048 1,762 LOFSTEDT 0.35 15,246 0.074468 9,868 2,467 KAUTZ 0.27 11,761 0.057447 7,612 1,903 LOFSTEDT 0.35 15,246 0.074468 9,868 2,467 TOTAL 4.70 204,732 100°/oI 132,511 ! 33,128 Project Costs Administration Engineering Construction TOTAL 1,389 administration includes est. publication costs of $614 20,880 110,242 132,511 Suggested by: Administrat____ City of Kenai RESOLUTION NO. 2003-60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $4,000 IN THE COMPREHENSIVE PLAN CAPITAL PROJECT FUND FOR PLAN DOCUMENT PRINTING. WHEREAS, the Comprehensive Plan has been completed and approved by the City Council; and, WHEREAS, it is necessary to have the document printed for distribution for the Council, board members, and the public; and, WHEREAS, funds are available in professional services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Comprehensive Plan Capital Project fund From' Professional Services $4,000 To' Administration $4,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance-~"&'f"~ (12/11/2003) hl Suggested by: Administrati~ __ City of Kenai RESOLUTION NO. 2003-61 D A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $5,000 IN THE MULTI-PURPOSE FACILITY CAPITAL PROJECT FUND FOR CONSTRUCTION AND INSTALLATION OF UTILITIES IN THE STORAGE ROOM. WHEREAS, the renovation of the storage room to construct a wall and provide additional utihties would make the room more useful; and, WHEREAS, funds are available in engineering. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made' Multi-Purpose Facility Capital Proiect fund From: Engineering $5,000 To: Construction $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17t~ day of December, 2003. JOHN J. WILLIAM S, MAYO R ATTEST: Carol L. Freas, City Clerk Approved by Finance: {12/11/2003) hl ENAi PENINSULA BORO 144 N. BINKLEY -~ SOLDOTNA, ALAS - 99669-75vv BUSINESS(907) 262-8608 FAX (907) 262-8615 'o, EMAIL: assemblyclerk@borough.kenai.ak.us December 8, 2003 LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 Re.' Application for Renewal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Beverage Dispensary George's Casino Bar - #204 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, MMC Borough Clerk cc.' applicant City of Kenai KPB Finance Department File S:\WPWIN\DATAL&BCBLAbc-letters~RENEWALS~Renewal in City.wpd Carol Freas From: Jane Hannan [jane_hannan@dps.state.ak.us] Sent: Thursday, November 13, 2003 2:08 PM To: Carol Freas Cc: Kenai Peninsula Borough Essert, Sue Ellen Subject: ABC Board - Renewal Notification Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. Type: Beverage 'Dispensary .License: George's Casino Bar - 2004/2005-#204 iLocation: 505 Main Street Owner: G & P Inc. Agent: George Pitsilionis Phone: 283-6646 Mailing Address: PO Box 2917 Kenai, AK 99611 We have received an application for renewal of a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the 11/13/2003 CITY OF KENAI E-I 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM 1992 TO' Council on Aging Parks & Recreation Commission FROM. DATE. Carol L. Freas, City December 9, 2003 RE' MEETING DA TE CHANGE Because your next scheduled meeting date falls on Thursday, January 1, 2004 and is a holiday, the meeting date has been changed to Thursday, January 8, 2004 at the regular time and place. Happy Holidays! CC' Linda Snow, City Manager Rachael Craig, Senior Director Bob Frates, Parks & Recreation Director SEP. 3. ~003 1: 54PM PARKER & ASSOC MO. 191 CITY OF KENAI 'V'dl~e with a p~t-- City with afutur~. BAC~~~ AND P~B~OIWA~ DATA - C, AI~DIDATE~ FOR APPO~ COMm'FFEES AND DATF.: NAME: Home Fax No. Business Fax Job Title d ~,~4~--,~ .... NAME OF SPOUSE: · ! Past orgs_ nt-~_~_n,,nl memberships: ~~ari-f/s/m OR _COMIrM~__~ IN WHICH YOU ARE M3-~imz: - II ii ii · WI~ DO YOU WAHT TO BE IHVOLVED ~ Tiffs CO~~tON OR ~ mi __ · m I Resident of the City of Kenai? Residence Address I( ~ ~ DATE: Home Fax No. Business Fax No. EMPLOYER: ~ ~/~ I 't · - ' NAME OF SPOUSE: CITY OF KENAI "Village with a past-- City with a future." BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND How long? KENAI CITY CLERK Home Telephqne NO. ~~'-/~'/~'~- Business Telephone No 7.~f' 6 ~ ~ ~ - - Emml Address: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, OM~SS~O~ O~ eo~r~~: /~gnature AIRPORT COMMISSION Meets Second Thursday February, April, June, August, October, December Kenai Council Chambers 7:00 p.m. Commissioner Name and Home Business Term Address Phone Phone Email Address Seat Ends James V. Zirul 283-5728 283-5400 {p) At Large 2004 220 Spur View Drive 283-6443 {f) Kenai, AK 99611 James L. Bielefeld 260-3148 283-4124 bielefel~i~ptialaska.net FBO 2004 P.O. Box 46 Kenai, AK 99611 *Henry H. Knackstedt 283-2853 262-4624 hknackstedt(/~i~hotmail.com CAP 2004 1602 Barabara Drive Kenai, AK 99611 Charles "Chip" Versaw 262-7745 283-5700 (p) cversaw~_t~ak.net At-Large 2005 403 North Willow, # 1 283-5799 (f) Kenai, AK 99611 Vacant Lessee 2005 Douglas K. Haralson 283-4623 283-3735(p) haralson(~¢gci.net FAA 2006 P.O. Box 2881 283-439 l(f) Kenai, AK 99611 Robert (Jed) Watkins 283-4744 776-6058(p) riwatkiC_~ppco.com At-Large 2006 214 Susieana Lane 776-6258{f) Kenai, AK 99611 Council Member Moore 283-4610 262-7478 (p) City 1006 Inlet Woods 262-6107 (f) Council Kenai, AK 99611 Liaison Airport Mgr. Rebecca Cronkhite 283-3818 283-7951 rcronkhit ,ef~_?i.kenai.ak.us Airport City of Kenai Manager 305 North Willow St., Suite 200 Kenai, AK 99611 * Chair **Vice-Chair (11/13/2003) KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS DECEMBER 2, 2003 7:00 P.M. AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5' ITEM 6: ITEM 7: a. ITEM 8: ITEM 9' ITEM 10: 19, 2003. ITEM 11: ,, CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY-- Au~st 5, 2003 PERSONS SCHEDULED TO BE HEArt) OLD BUSINESS NEW BUSINESS Discussion/Approval-- Collection Development Policy REPORTS Director Commission Chair Friends of the Library City Council Liaison COMMISSIONER COMMENTS/QUESTIONS PERSONS NOT SCHEDULED TO B_R HEARD INFORMATION Kenai City Council Action Agendas of October 1, 15, and November 5 and ADJOURNMENT KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS DECEMBER 2, 2003 7:00 P.M. CHAIR EMILY DE FOREST, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER/h ROLL CALL The meeting was called to order by Chair DeForest at approximately 7'05 p.m. was confirmed as follows: Roll Commissioners present' Others present: K. Heus, E. DeForest, J. Brown, J. Rodes, K. Dunn, B. Peters, and C. Brenckle Library Director Jankowska and Council Member Gilman ITEM 2: AGENDA APPROVAL MOTION: Commissioner Heus MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY-- August 5, 2003 MOTION: Commissioner Brenckle MOVED to approve the meeting summary as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 4' PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS-- None. ITEM 6: NEW BUSINESS Discussion/Approval -- Collection Development Policy The Commissioners reviewed a draft collection development policy which was included in the packet. A general discussion followed. MOTION: Commissioner Brenckle MOVED to adopt the Collection Development Policy as presented and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Director -- Director Jankowska reported the following items: · Despite Sunday closing and one less staff member, the Library attendance dropped only 1.9% as compared with last year and the circulation had risen 3.4% which puts less stress on staff, especially on Saturdays. · Reviewed new programs being offered at the library. · Discussed the resolution to be presented at the council meeting regarding the purchase of a new server for the library. 7-b. Commission Chair-- Requested the Commission to support the passage of Resolution No. 2003-50. MOTION: Commissioner Brenckle MOVED for the Commission to support the Resolution No. 2003-50 for the purchase of a new system for circulation and cataloging in the amount of $54,000. Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. 7-c. Friends of the Library-- Commissioner Heus reported the following: · The raffle was very successful and they served more people dinner than in previous years. · Postcards will be made available at the reference desk at the library for patrons to send messages of support of the library to the mayor and council members. · They are discussing the formation of a foundation for support of the library. · They w/il be sending "at home tea" bags for their January membership drive. 7-d. City Council Liaison -- Council Member Gilman introduced himself to the membership and suggested the goals of the Commission be identified {new system, Sunday openings, future expansion, etc.) which could help in formulating a political strategy to achieve the goals. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Peters welcomed new member Kelsey Dunn and Council Member Gilman. disappointment the holiday open house was not funded for this year. Stated his Heus welcomed Dunn and Gilman and wishes everyone happy holidays. Brenclde and Brown welcomed Dunn and Gilman. Dunn stated she was looking forward to participation on the Commission. LIBRARY COMMISSION MEETING DECEMBER 2, 2003 PAGE 2 DeForest reported she would not be attending the February meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10- INFORMATION 10-a. Kenai City Council Action Agendas of October 1, 15, and November 5 and 19, 2003. ITEM 11. ADJOURNMENT MOTION: Commissioner Brown MOVED to adjourn and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8'05 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING DECEMBER 2, 2003 PAGE 3 E December 200 Check the new version of the Library Online Catalog by visiting the Library webpage http:/Iwww.kenailibrary.org Bookmark the Library Online Catalog address for easy future reference. The Library will close at 2 p.m. on December 24th, be closed on December 25th for Christmas and then re-open December 26th at 1'0 a.m. The Library will close at 2 p.m. on New Year's Eve, be closed on January 1st New Year's Day then re-open on January 2nd at 10 a.m. A Beginning Internet Class will be held on December 8th from 6:30 to 8:00 p.m. in the Library Conference Room. The class will cover basic Internet skills and searching techniques. For more information or to regis- ..~er by telephone call 283-4378. The Book Club will meet on December 30th at Paradisos Restaurant at 7 p.m. to discuss the novel Wait- ing by Ha Jin, and choose the reading se- lections for next year. There will be no Tod- dler Storytime on De- cember 24th and 31st. Pajama Story Time will be December 9th from 6-7 p.m. Children aged 3 and older will enjoy this family story time fea- turing crafts, stories and activities. Pajama Story- Time is an opportunity to spend quality time with your children. Don't for- get to wear your paja- mas. The Writers' Group will meet on December 4th and 18th in the Li- brary Conference Room. Anyone inter- ested in writing for pleasure or profit is en- couraged to attend. The Totem Tracers Genealogy Society will meet Tuesday, De- c'ernber 16th at 6:30 p. m. in the Library Con- ference room. Every- one is welcome to join the members for holi- day treats and good '~' cheer! Resource Satur- day will be held De- cember 13th at 1 p.m. in the Library Confer- ence Room. Holiday Websites Http:llwww. night, netichristmasI-The Christmas, Christmas,. Christmas website reminds us that Christmas is more than Santa Claus and Rudolph the red nose reindeer. This family website combines the Gospel story, traditions and music of Christmas with some fun Santa Claus links and holiday games geared specifically for children. Http:llWww. marthastewart, com-When it comes to crafts, no' one does it better than Martha. The Martha Stewart website has holiday craft and cooking ideas to help make your holidays ~erfect. Learn how to make your own wreaths, ornaments, Christmas stockings and more. Http:llwww.christmas.cookies.coml- Here is the perfect website for anyone planning a Christ- mas cookie exchange. The Christmas cookie website has over 365 cookie recipes to tempt the most demanding palates. New on the Library Shelf. The juvenile series of books Arty Facts :Linking art to the world around us com- bines art and science. These hands-on activities will allow your children to express themselves artisti- i:!i cally while also learning ba- :~' sic scientific theories. The · six part series includes (our bodies, insects & bugs, ani- .. - reals, weather, plants and · planet earth. · ·'i: Winter is an excellent time -~to escape into a great book or sedes. Author Tamora ... Pierce's Song of the Lion. .... : ess quartet is sure to ,~ please young readers. The young heroine Alanna, first ~-~ disguises herself as a boy to · ~... become a page in the king- .:, :, dom of Tortall. Then through ~ determination and stubborn- ness she becomes a knight. Enter to win one of two book drawings. Mary Engelbreit's Queen of Christmas is a delightful children's picture book, with a paper doll included inside. The Beloved Country by South African author Alan Paton is the latest Oprah Book Club selec- tion. Learn more about this deeply moving story of Zulu pastor Stephen Kumaio and his son Ab- salom by visiting Oprah's website Http://www. oprah.com. December 2003 Sun Mon Tue Wed Thu Fri Sat 14 21 28 6:30-8:00 Internet Class 15 5:45 p.m. Friends' Meeting At Paradisos 22 29 Library Hours Monday-Thursday 10 a.m.- 8 p.m. Friday-Saturday 10 a.m.- 5 p.m. 2 7 p.m. Library Com- mission Meeting at City Council Chambers 6-7 p.m. PAJAMA STORYTIME 16 6:30 p.m. Totem Tracers 7p.m. Book Club Meeting at Paradisos 23 30 3 11:00 a.m. TODDLER STORYTIME 7 p.m. City Council 10 11:00 a.m. TODDLER STORYTIME 4 10:30 a.m. PRE- SCHOOL STORYTIME 6:30-8 p.m. Writers' Group 11 10:30 a.m. PRE- SCHOOL STORYTIME 17 11:00 a.m. TODDLER STORYTIME 7p.m. City Co~lncil 18 10:30 a.m. PRE- SCHOOL STORYTIME 6:30-8 p.m. Writers' Group 12 19 26 Happy Holidays to One and all from the Library staff! 13 I p.m. Totem Tracers Resource Saturday 20 Christmas Book Drawings 27 Kenai Community Library 163 Main Street LooP Kenai, Alaska 99611 Phone: 907-283-4378 Fax: 907-283-22.66 Email: library@ci.kenai.ak, us AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 3, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 6:00 P.M. COUNCIL WORK SESSION WITH AREA LEGISLATORS ITEM A: CALL TO ORDER , 2. 3. 4. Pledge of Allegiance Roll Call Agenda Approval 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) , Bill Coghill, Mikunda Cottrell/~ Co. -- Audit Report ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COIINCIL_~ ITEM D: PUBLIC HEARINGS . Ordinance No. 2028-2003 -- Adopting KMC 21.05.045 to Establish an Off-Airport Gross Income Rental Car Fee for Off-Airport Rental Car Companies Using the Kenai Municipal Airport for Their Businesses. , Ordinance No. 2030-2003 Amending KMC 1.90.010 to Allow the Kenai City Council to Establish Task Forces Regarding Millennium Square and/or Economic Development with a Membership of Greater Than Seven (7) and Sunsetting the Ordinance in Three (3) Years. a. Motion to remove from table. b. Consideration of ordinance. , Resolution No. 2003-50 -- Transfemng $55,500 in the General Fund for a Library Computer System. a. Motion to remove from table. b. Consideration of resolution. o *2003 Liquor License Continuance -- American Legion Post #20 . *2003 Liquor License Continuance -- Uptown Motel/Louie's and Uptown Motel/Back Door Lounge ITEM E: COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games ITEM F: MINUTES , *Notes of November 13, 2003 Airport Commission/Council Work Session. *Regular Meeting of November 19, 2003. ITEM G: CORRESPONDENCE ITEM H- OLD BUSINESS ITEM I: NEW BUSINESS , Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 . Approval-- Design/Build Project-- Airport Security Camera System ITEM J- REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 3, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor John Williams called the meeting to order at 7'08 p.m. A-lo Allegiance. PLEDGE OF ALLEGIANCE -- Mayor Williams led the Pledge of A-2. ROLL CALL Acting City Clerk Sheryl Padilla took roll. Present were' Joe Moore Rick Ross Linda Swarner Pat Porter John Williams, Mayor Blame Gilman Jim Bookey A-3o ,,AGENDA APPROVAL MOTION: Council Member Bookey MOVED to approve the agenda and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4o CONSENT AGENDA MOTION: Council Member Bookey MOVED to approve the consent agenda. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Bill Coghill, Mtkunda Cottrell/h Co. -- Audit Report Bill Coghill handed out copies of the City's Federal Single Audit Reports, dated June 30, 2003. He told Council the audit was "very clean" and the City had done a "nice job" in its financial reporting, as it had done for the prior three years. He pointed out the differences from previous reports that'were due to changes in methods of financial reporting required by the Governmental Accounting Standards Board (GASB). KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 2 Coghill then reviewed the City's Comprehensive Annual Financial Report (CAFR). The City's general fund balance was about $8.2 million, Coghill reported. He said that figure looked better than was anticipated because it included monies to be spent for such items as employee accrued leave. The City's total net assets were about $16 million, he said. Finance Director Larry Semmens asked Coghill to explain the "Certificate of Excellence" award and its importance. Coghill stated, the cost of applying for the award was $400-450, but the people who would review the CAFR and compare it to others are top in their field. It would be a good way to find out if there are any problems with the new reporting procedures, he explained. He felt the money would be well spent. Council agreed. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS Assemblywoman Betty Glick reported on the November 18, 2003 Borough Assembly meeting. She reported that John Duffy would be speaking at the December 17 Chamber meeting, and that the Borough would be discussing the alternative transportation plan at their December meeting. Mayor Williams said he would attend. RECESSED FROM 8:10 TO 8:25 P.M. ITEM D: PUBLIC HEARINGS D-1. Ordinance No. 2028-2003 -- Adopting KMC 21.05.045 to Establish an Off- Airport Gross Income Rental Car Fee for Off-Airport Rental Car Companies Using the Kenai Municipal Airport for Their Businesses. MOTION: Council Member Moore MOVED to adopt Ordinance 2028-2003 and Council Member Swarner SECONDED the motion. Public comments: Gary Zimmerman, of Avis (Alaska Rent-A-Car), told Council he was an on-airport operator who was for the ordinance. Anchorage has a similar ordinance, he said, and it gives the airport a tool to collect fees. Tim Navarre, Box 92, Kenai, reminded Council they "once voted to limit space in the airport" to only three lessees and now they were "beating up the ones who are there" with this ordinance. In reply, Mayor Williams explained it costs the City money to keep the airport open and some businesses use it for free, but the on-airport operators pay--"so everyone should pay," he said. KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 3 Jerry Vitale, of Alaska DiE-A-Car (PayLess), stated he was an on-airport business and was for the ordinance. It provides for a level playing field and even affects how much vendors are willing to bid on jobs, he said. Colleen Canady, Box 1641, Kenai, who said she was speaking as a citizen, advised Council that Kenai Chrysler was a good neighbor who did a lot for the City. She cautioned against passing the ordinance. Council Member Bookey asked the Airport Manager how many off-airport vehicles use the airport. Cronkhite responded two to ten at a time, depending on the time of year. Bookey said he believed that the ordinance wouldn't provide much revenue and would be difficult to enforce. Swamer supported the ordinance, saying it would level the playing field. She said she had some concerns about collection of the fees but said, "It is a vehicle to collect money." MOTION TO AMEND: Council Member Porter MOVED to amend Ordinance 2028-2003 by changing the fee from 10% to 5% and Council Member Gilman SECONDED the motion. VOTE ON AMENDMENT: Moore No Porter Yes Gilman Yes No Williams No No Ross Swarner No Bookey MOTION ON AMENDMENT FAILED. VOTE ON MAIN MOTION: Moore Yes Porter Yes Gilman Yes Ross Yes Williams Yes No Yes Bookey MOTION PASSED. D-2. Ordinance No. 2030-2003 .... Amending KMC 1.90.010 to Allow the Kenai City Council to Establish Task Forces Regarding Millennium Square and/or Economic Development with a Membership of Greater Than Seven (7) and Sunsetting the Ordinance in Three (3) Years. D-2a. Remove from table. MOTION: KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 4 Council Member Moore MOVED to remove Ordinance No. 2030-2003 from the table and Council Member Swarner SECONDED the motion. VOTE TO REMOVE FROM TABLE: Moore ~oss Yes Yes Yes Porter Williams Yes Yes Gilman Booke¥ Yes Yes MOTION PASSED UNANIMOUSLY. D-2b. Consideration of ordinance. MOTION: Council Member Moore MOVED to approve Ordinance No. 2030-2003 and Council Member Porter SECONDED the motion. Public Comments: Cherie Brewer, President of Kenai Chamber of Commerce, 605 Maple, Kenai. Brewer stated she was "for the concept," but she felt that setting up the committee as a city commission would not make the project look like a joint project to the public. She said she supported the structure as set forth in Casey Reynolds' chart in the packet. Tim Navarre, Vice-President of Kenai Chamber of Commerce, Box 92, Kenai. He thanked the building department for helping the Arby's remodel go smoothly and the City Manager for opening the Rec Center on a Sunday so the donated equipment could be moved in. Navarre agreed with Brewer that the project should be handled through the Chamber. Ross said he was inclined to vote against the ordinance, but he offered some ideas' · Casey Reynolds could act as a facilitator of the committee and not as a representative of the City. · The City could have representatives on the committee even if it were not a commission. The City could control who the representatives were and could choose people from the various city commissions. Council members expressed their agreement with Ross' ideas and the Mayor said the Chamber should understand that the City fully supports them in this project. VOTE: Moore l~oss No No Porter Williams No No Gilman Booke¥ No No KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 5 [ Swai-ner ]No MOTION FAILED UNANIMOUSLY. D-3o Resolution No. 2003-50 -- Transferring $55,500 in the General Fund for a Library Computer System. D-3a. Remove from table. MOTION: Council Member Swamer MOVED to remove Resolution No. 2003-50 from the table. Council Member Gilman SECONDED the motion. There were no objections. SO ORDERED. D-3b. Consideration of ordinance. MOTION: Council Member Swamer MOVED to approve Resolution No. 2003-50 and Council Member Moore SECONDED the motion. Public Comments: Carol Brenckle, Library Commissioner, 502 Hemlock, Kenai. She supported the resolution, saying the work should be done in "a timely fashion" before the equipment completely crashes and costs the city a lot more money. Bob Peters, Library Commissioner, Kenai, said he attended the last meeting of the Commission when they voted to support the resolution before Council. The sale price being offered for the equipment, he reminded Council, would only last until December 20, 2003. Kathy Heus, Library Commissioner, 4540 Kenaitze Court, Kenai, noted the equipment could fail at any time. She said she hoped Council would approve the resolution. Swarner stated she would support the resolution. "I do not like being held hostage by technology," she remarked. Semmens responded to a question from Porter about the source of the money, explaining it had been budgeted to match a state grant that was never received. Had the grant been received, the money would have been spent on roads, he said. Ross stated he would support the resolution because it could cost the City a lot more later on. Gilman agreed, also saying the transfer of data to the new system would take up to six months so the work should begin as soon as possible. He indicated he felt the situation justified spending the money. VOTE: KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 6 VOTE: Moore Ross Swamer Yes Yes Yes Porter Williams Yes Yes Gilman Bookey Yes Yes MOTION PASSED UNANIMOUSLY. D-4o 2003 Liquor License Continuance -- American Le~ion Post #20 Approved on Consent Agenda. 2003 Liquor License Continuance -- Uptown Motel/Louie's and Uptown Motel/Back Door Lounge. Approved on Consent Agenda. RECESSED FROM 9:30 TO 9:48 P.M. ITEM E: COMMISSION / COMMITTEE REPORTS E-1. Council on Aging -- Council Member Swarner reported the next meeting is scheduled for January and the Mystery dinner theatre was sold out. E-2. Airport Commission -- Council Member Moore reported the next meeting is scheduled for December 11. E-3o no meeting. Harbor Commission -- Council Member Bookey reported there had been E-4. Library Commission -- Council Member Gilman reported the following: · Commission passed the collection development policy for a state ~rant in case someone objects to a book. · Kelsey Dunn, student member, was a high school junior and the newest member of the commission. She is a voting member. E-5. Parks/h Recreation Commission -- Council Member Porter reported there was no and Council Member Ross would be the liaison for the next meeting. E-6. Planning/h Zoning Commission -- Council Member Bookey reported there had been no meeting. E-7. Miscellaneous Commissions and Committees KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 7 tl E-7a. Beautification Committee -- Council Member Swarner reported there was no meeting. She also noted the Christmas decorations are up around the City and they look good. E-7b. Kenai Convention/k Visitors Bureau Board-- Bookey reported a meet/ng was being held that same evening to create a selection committee for choosing the new director. E-7¢. Alaska Municipal League Report -- Assembly Member Betty Glick reported on the conference she attended in Nome. E-7d. Kenai Chamber of Commerce - Colleen Canady, President, reported: · The Christmas Comes to Kenai celebration was a success. · Presented certificates of appreciation to Jack La Shot, Keith Kornelis, Bob Frates, Rachel Craig, the police department and the fire department for their help with the celebration. She thanked Tim Navarre for being Santa. · A free community concert will be held in conjunction with Soldotna Chamber of Commerce on December 16 at 6:00, sponsored by Conoco Phillips and featuring the Air Force Band. · ASRC Energy's President spoke at Chamber recently, saying they are planning to re-open Rig Tender's Dock. She asked Komelis if the street department could plow snow near the entrance to the Chamber cabin. He responded they would help. E-7e. Arctic Winter Games -- Council Member Moore reported the following: · The new general manager is Lawrence Smith from Fairbanks. * Bookey agreed to attend the 2003 Arctic Winter Games in Wood Buffalo, British Columbia but noted he could only stay there for four or five days. · The next meeting is December 11. ITEM F: MINUTES F-Xo November 13, 2003 work session of City Council and Airport Commission. Approved by consent agenda. F-2o Regular meeting of November 19, 2003. Approved by consent agenda. ITEM G: CORRESPONDENCE -- None ITEM H: OLD BUSINESS-- None ITEM I: NEW BUSINESS KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 8 I-1o Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-2o Purchase Orders Exceeding $2,500 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $2,500. Council Member Swamer SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-3o Approval -- Design/Build Project -- Airport Security Camera System MOTION: Council Member Porter MOVED to approve the design/build project for the airport security camera system and Council Member Ross SECONDED the motion. Ross asked how long the process would take and Cronkhite responded it would go to bid in January or February and be finished before tourist season. VOTE: Williams asked if there were any objections to UNANIMOUS CONSENT. objections. SO ORDERED. There were no ITEM J: REPORT OF THE MAYOR Mayor Williams reported the following: Council received a letter from Paul Landis of ERA discussing Transportation Security Administration. The City Manager was requested to write a letter for the Mayor's signature in response. · Safe Kids Coalition: The Clerk was requested to draft a letter to CPGH in support of a grant proposal for a snowmobile safety and education {Info Item #6). Swarner suggested the letter include language that the City does not allow snow machines on City streets. · $oldotna Chamber of Commerce: The Annual Christmas tree party/fun night is scheduled for December 11 and everyone is invited. Kenai Peninsula Borough Transportation Plan: He will attend meetings on December 9 and December 16. KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 9 · LeasinE Activities Information: Proposed Notice Of Sale - Cook Inlet' Williams noted the City has supported owner/lease sales in the past. He requested the Clerk to write a letter supportin§ this federal lease sale for his signature. · Denali Commission: He asked Casey Reynolds to pay close attention to what they're doin§ and §et Kenai "deeply" involved with any aspect because there would be money available for different projects. Their lundin§ for 2003 was $99 million, and it's rising. · Economic Development District Board of Directors: Casey Reynolds and Jim Bookey were appointed as the City's new representatives. The Clerk was requested to write letters of appointment. A reception for the new Executive Director is scheduled for December 11 from 6-8'00 p.m. at the Challenger Center. · Challenger Center: The next meeting is scheduled for December 18 at noon. Because Council Member Bookey will be out of town Williams stated he would attend. · Williams and Gilman will be traveling to Juneau on December 4. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Snow reported the schedule for the Kenai River Bluff Erosion Study was in the packet. The draft review will take place in April, and the final review in July. K-2. Attorney -- Attorney Graves reported he is working with Borough Attorney Colette Thompson on a memorandum of agreement for usage of City facilities during the Arctic Winter Games. Moore brought up the subject of proposed plans for the Multi-Purpose Facihty. Some council members had seen them, others had not. Council requested Moore to bring the plans to the Council for review. X-3o City Clerk-- No report. ITEM L: DISCUSSION L-1. Citizens -- Emily DeForest, Library Commissioner, Kenai, thanked Council for approving the computer equipment for the Library. L-2. Council -- Swarner-- Noted the following: The glassed-in area at the airport terminal the Wings Family Restaurant leases looked untidy. Council directed Cronkhite to work with them to clean it up. · Swamer complimented Public Works for removing the snow so quickly after the recent snowfall. KENAI CITY COUNCIL MEETING DECEMBER 3, 2003 PAGE 10 Moore -- Asked about street light repairs. Komelis replied HEA doesn't do the repairs anymore and there had been problems with other companies getting it done. Moore reported the lights in Inlet Woods had been'out since before Thanksgiving. Porter-- Noted the following: · The mill rate on the web page was wrong and her end-of-term date needed to be corrected on the web page. · The City should develop a set policy on naming parks, etc. · New commissioners should be given a brochure about commissions when they are first appointed and every time they are renewed. · The City should f'md a way to create revenue from taxis using the airport. · The windows of Alaska Best Travel at the airport terminal were covered with signs and posters, and it looked bad. Gilman -- Noted he felt the work session at 6'00 with the legislators was disappointing. They had no answers and talked only of the status quo. Ross -- Noted he would not be at the December 4 meeting. P&Z meeting on December 1 1. He will attend the Williams -- Williams noted the Home Depot "board cutting" will be held Wednesday, December 17, 2003 at 6:00 p.m. Council w".uld attend that ceremony and then have the regular Council meeting at 7'00. ,,,EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at 11'14 p.m. Minutes prepared and submitted by' Sheryl A. Padilla, Acting City Clerk KENAI CITY COUNCIL WORK SESSION WITH AREA LEGISLATORS DECEMBER 3, 2003 COUNCIL CHAMBERS, KENAI CITY HALL 6:00 P.M. MAYOR JOHN J. WILLIAMS, PRESIDING Council Present: Bookey, Swarner, Williams, Moore, Ross and Gilman. arrived at 6'20. Porter Williams opened the work session at legislators Tom Wagoner and Kelly Wolf. approximately 6:02 p.m. and welcomed Wagoner started by saying the capital budget will be much smaller this year than last. He said he wrote a letter to the Governor asking him to consider some of the items for the Kenai and Soldoma areas, such as roads, water, a sewer study~any "basic infra- structure'' items. The Governor wrote back, but didn't promise anything. The fact that cities must be ready to contribute about 50/50 to projects now was discussed. Wagoner pointed out that safety issues would be first to be considered. Williams told Wagoner Kenai might need his help in reappropriating funds left over from a 1999 grant for airport design and engineering. He said the funds could be used to correct the pollution problems at the city shop. Council directed the City Manager to write a letter and a resolution for the next council packet. Some discussion followed about a state sales tax. Wagoner was for it, saying sales tax is always the fairest tax. He also said the State may look at a state property tax. We w/Il all be paying more taxes in the furore, he said. Swarner asked about income tax. Wagoner didn't like the idea as long as the State was still handing out PFD's. Wagoner and Wolf agreed that "crunch time is not here yet." Ross mentioned the senior citizen property exemption was still in place but that the City doesn't get that money any longer. Wagoner said he would be meeting with the Governor the next day and would let Snow know what came out of that. Swarner asked what could be done about State roads that are not being kept up. Wagoner said DOT was doing everything they could. The work session adjourned at 7:01 p.m. Notes transcribed and prepared by: Sheryl A. Padilla, Acting City Clerk THE STEVE SHEARER MEMORIAL PROPOSAL 11/06/2003 Steve Shearer Memorial Committee 51402 Josie Street Kenai, Alaska 99611 (9078)776-8426, fax (907)776-8462 November 6, 2003 Parks & Recreation Commission City of Kenai Attn: Bob Frates We, the following, represem a committee to commemorate the life of Steve Shearer, who died July 1998. We wish to place a sign and small garden at the Kenai Softball Field Complex to honor Steve and are requesting your approval to do so. (Please see attached diagrams.) With your approval, our committee would be responsible for the building and erecting of the sign, as well as the building and maintaining of the garden. Our committee would absorb all cost for the project and work within your specifications and those of the Beautification Committee. Steve was a well known, hard working, family man. He owned a construction business and was involved in the construction of many buildings here in Kenai. He loved Alaska and all it offered. He worked hard and played hard. There wasn't a time he wasn't involved in competitive sport. As his boys grew, he was even more involved, coaching them in their sports. If he were still alive, he would be involved in softball one way or another. Kenai softball came about in the mid 1970's with bar leagues- Foreland's, Decanter Inn, Hunger Hut, The Place, etc. It was popular during the summers as a recreational and competitive sport. Steve was right in the middle of it, having come to town in 1975, he and his friends formed the Decanter team. After a season of haphazard scheduling and "whoever shows up plays", the players were looking for more organized play - more sport, more teams. In 1976, Steve worked with Kayo McGillvery/Dept of Parks & Rec. to set up organized teams and define "league play". Kenai softball soon had 8 teams, 3 fields (including one in Soldoma), scheduled games, and 4 umpires. Steve was now President of the Men's Softball League and it was his responsibility to finance, and schedule games, toumaments, and umpires for the Kenai/Soldoma area. The following year, Steve pursued and received ASA (Alaska Softball Association) approval for the Kenai Men's Softball League. Our league was now sanctioned by the State of Alaska. This meant more games and more competition, which involved State sponsored tournaments and invitational tournaments. In 1977 & 1978, Steve worked hard to see all umpires received certification so they could be ASA recognized and receive pay for games and tournaments. By 1981, the new Kenai softball field complex was built. Steve lobbied hard and worked diligently with Kayo to have these fields constructed. He, and his teammates, pulled volunteers together to build the dugouts and concession stand. All in all, Steve took the responsibility on himself, by himself, to play league ball. It would be fitting to have the Kenai Softball Field Complex dedicated to his memory. We appreciate your consideration of our request. Sincerely, The Steve Shearer Memorial Committee Kay Shearer Joh~Yeager teve Dexhe~mer Mike Navarre/ 3ffn Si~ley ~ DIAGRAMS ) -- LETTERS OF SUPPORT 2888 18'OBAM =l October 22. 2003 Mr. Bob Frates Kenai Parks and Recreation Members of the Kenai City Council Dear Mr. Frates and Members of the Kenai City Council, We are writing in support of and to share our feelings about a request to nam. e the Kenai softball fields after Steve Shearer. We met Steve the day he got off the plane in the early 1970's and were very close through the remainder of his life. We feel that his contribution to organized softball and the Kenai community in general, more than justifies naming the Kenai ball fields in his memory. From thc humble beginnings of 2 or 3 "Bar" teams that got together and played slow pitch anywhere we could find a spot, Steve always took the lead in encouraging people to turn out, rounding up the umpires, and dragging the equipment around in the back of his truck. He was instrumental in working with Kao McGillvery at the very start of the Kenai men's league. He had endless enthusiasm for tournament organization, equipment acquisition, and ultimately helped secure certification with the Alaska Softball Association. He was very supportive of the women's and youth softball programs and was the backbone of the grassroots effort to build dug-outs and concession facilities at thc Kenai ball fields. He was a solid member of our community and contributed in. many other ways to make Kenai the place it is today. Not to mention, he was a damn good third baseman. Please give this request serious consideration and help us in remembering Steve. 4371 Kapuna Road Kilauea, HI 96754 808-828-1295 To Whom It May Concern' I am writing this to show my support of the idea to name the current softball fields after the late Steve Shearer. Steve was instrumental in the original organization of our local softball leagues.He was the driving force to allow us to get the money from the state to build these beautiful fields which by now several generations of players have enjoyed. I have been a resident of this area since 1975 and was one of the original members of the area softball association. I think that it would be a tremendous tribute to have the softball fields named after Steve and ask that you give your support and blessing to this endeavor. Sincerely, SMDexheimer PO Box 1931 Soldotna,Ak.99669 907 252-0474 907 776-3014(wk) /-'%,,L.._c;o ~TL-B.,~ '6 ~qo~ ~ SIGNATURES OF SUPPORT ,,P, ETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving memory of Steve Shearer for his devoted organization and planning which helped bring softball to our community. ??q/I ,( PETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving memory of Steve Shearer for his devoted organization and planning which helped bring softball to our community. PETITION FOR SIGNATURES }Fe, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving memory of Steve Shearer for his devoted organization and planning which helped bring softball to our community. //6' PETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving memory of Steve Shearer for his devoted organization and planning which helped bring softball to our community. PETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving memory of Steve Shearer for his devoted organization and planning which helped bring softball to our contmuni~. \\ /l / / /ih y~x/ /,,- ~( PETITION FOR SIGNATURES }Ve, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving memory of Steve Shearer for his devoted organization and planning which helped bring softball to our community. Z ¢3 I,,. IJJ W n,, Z IJJ :3:133 -- IJJ ~:w Z Z 03 03 :3 LU ___ W o ~ ~ 0 0 0 0 LLI ~ (/) <1; ::3 iii iii (0 0 (.:3 ~ iii I- ::3 ::3 0 w r~ ~ I- Z uJ o o o o n~ ::3 iii c/) 0 n,' LU '1- 03 ::3 0 0 z ~) 0 ~ ¢~ 0 n~ ~ ~ z :~ 0 Z 0 Z 0 t- Z ill ,,h > Z n,' nal Municipal Airport 305N. WlU.OWST. SUITE200 KENAI, ALASKA 99611 TELEi~ONE 907-28S7951 FAX 907-283-3737 Memo To: From' Date' Subject: Linda L. Snow - City Manager Rebecca Cronkhite - Airport Marn~r December 10, 2003 Proposed Access Project for FedEx Sublease Ron Swanson has submitted a request to sublease Lots 6 and 7, Block 5, General Aviation Apron to Federal Express Corpora~n as detail~ in Kim Howard's Noveml~ 24 memo to you. The success of this sublease is dependant on aircraft a~ to ~e subject lots. A diagram is attad~ed showing the area surrounding the lots in questions. When Taxiway H was constructed the lots facing Willow Street with the exception of Kenai Aviation, did not have an aviation use. Taxiway H was constn.~ed with a ditch separatir~ ~ taxiway and 1he lots faring Willow S~t If we are to support development of these and other lots in the area we need to remedy this oversight. Airport Commission is slated to discuss l~is issue at their December 11 meeting and make a recommendation to Couml. If Goundl ~mes to allow a project to proceed then a purchase order will presented at the January 7 Coundl meeting for Wirx:e-Corthel-B~on to proceed with design and bid documents. Phil B~on has subm~ a project cost estimate of $5~,800.~ Coundl should understand ~at the actual conslruction will require an appropriation from Airport Fund Balance dudng the current fiscal year. I have s~ken to tx~ FedEx and Ron Swanson and I~th pa~ under, nd that construction will be delayed until spring of 2004. FedEx is willing to make the move and commit to stayi~ in Kenai with an interim plan to ~ load on the tax~y or in transient parki~. This pr~ has taken over three years of n~otiation and started with FedEx looking for another Io(~on and considering leaving the airport and 1he City of Kenai. If Coundl commits to making these improvements it will ensure the presence of FedEx in Kenai for the foreseeable flJture. It will also make a statement that the City is willing to make improvements to airport property that fadlitate the growth of business. www.ci.kenai.ak, us. Page 1 of I -,. Area proposed for providing paved access to lease lots RON'S RENT-IT CENTER, INC. 145 N. Willow St. P.O. Box 2522 Kenai, AK 99611 Phone: (907)283-4232 Fax: (907)283-9560 rswanson~acsalaska.net December 1, 2003 Becky Cronkhite Kenai Airport Manager Kenai, AK 99611 To Whom It May Concern: I am writing this letter in regards to the sub-lease of the property now occupied by Ron's Rent- It Center, Inc. referred to in the supporting documents. FedEx would like to sub-lease this property and will require paved access to the taxiway Ron's Rent- It Center, Inc. will pave all portions of the lease lots adjacem to the taxiway. The Airport Manager has advised us that parking aircraft on the taxiway is unrealistic and limits access to the north and therefore requested a parking ramp be provided on the lease lots. It is our intemion to meet this safety requirement and request the City of Kenai provide the appropriate access from the taxiway to the lease lots. We believe this sub- lease will ensure a valuable tenant remains on the airport and providing this access would be a great enhancement to the airport as well as a benefit to the City of Kenai. We trust that the Airport Commission can see the benefit of providing access to lease lots adjacent to taxiways and respectfully request your support of a construction project to enable aircraft access to these lots Sincerely, Ronald Swanson rs, js CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Memorandum Date: 'Fo; From.' November 24, 2003 Linda L. Snow, City Manager Klm Howard, Assistant to the City Manager /~d~ Consent to Sublease- Ron Swanson to Federal Express Corporation- Lots 6 and 7, Block 5, General Aviation Apron Ronald J. Swanson d/b/a/ Ron's Rent-All Sales & Service currently leases the above referenced properties. A request has been made for approval of the attached sublease to Federal Express Corporation. The leases state the lessee may not assign the lease or permit or any part, nor let, nor sublet, either by grant or implication, the whole part of the premises or any part without written consent of the City. The parties are in compliance in payments to the City and taxes to the Borough. The City Attorney has reviewed the document and has no objections to the sublease. If Council approves the sublease, a Consent to Sublease can be prepared for your signature. Attachment Cc: Ron Swanson /kh '! lgmsk Ag 99611 .. ---- ·----~ City of g~,nal RECEIVED . ,,.~ ,,, .,-, .,~ CITY OF KENAt C~, ~. IX ~ ~ i~~ {o ~ub-l~ ~~ ~ 1o~ Yo F~I~x. Wa ~~d I~ ~ ~~ a~p~v~ of ~ ~~ ~b-l~. Thank you. Sin~y, ~ , Contract No. 88-0446-006 LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is made this~ day of 2003 (the "Effective Date"), between RON SWANSON, an individual (the "Landlord"), and FEDERAL EXPRESS CORPORATION, a Delaware corporation ("Tenant"). RECITALS Landlord has the unqualified right to grant a leasehold interest in the premises described in this Lease. Tenant desires to lease from Landlord and Landlord is willing to lease to Tenant the premises described in this Lease, in accordance with and subject to the conditions of this Lease. FOR AND IN CONSIDERATION of the mutual covenants contained in this Lease, Landlord and Tenant (the "parties") agree as follows: Section 1. Lease of Premises. Landlord leases to Tenant and Tenant hires from Landlord the premises depicted on the attached Exhibit A (the "Premises") for the term described in Section 2. The Premises includes the building and the related improvements (the "Building") on the land (the "Land") located at 145 Willow Street in Kenai, Alaska. The rentable area of the Premises is 8,400 square feet. Landlord shall provide at all times for Tenant's exclusive use during the Term, as defined in Section 3, as part of the Premises paved and striped parking spaces on the Land for use by Tenant's employees and customers and as may be required by all laws, ordinances and regulations from time to time applicable to the Land and the Building in the parking area (the "Parking Area") depietecl on the attached Exhibit A. Tenant may install signs or placards in the Parking Area at its expense for the purpose of giving notice to the public of its fight to the exclusive use of the Parking Area and, without the consent of, or advance notice to, Landlord, may cause unauthorized vehicles to be towed from the Parking Area so long as Tenant complies with applicable laws, ordinances and regulations when taking that action. Section 2. Landlord's Work. (a) At its sole expense, Landlord shall perform the work described in the attached Exhibit A ("Landlord's Work") in accordance with the provisions of this Section 2 and in accordance with the terms of the attached Exhibit A. Landlord shall pertbrm Landlord's Work to Tenant's reasonable satisfaction, in a good and workmanlike manner and in accordance with all applicable laws and regulations. Landlord shall cause Landlord's Work to be substantially completed on or before the date (the "Completion Date") that is .., 2003, as the Completion Date may be postponed by virtue of the occurrence of delays ("Excused Delays") beyond Landlord's control. Delays attributable to (i) strikes, lockouts and labor troubles, (ii) damage by fire or other casualty caused by any person directly or indirectly under the control of Landlord, its agents or any contractor or subcontractor engaged in .494878 vl the performance of Landlord's Work, and (iii) bankruptcy or other financial problems of any contractor or subcontractor engaged in the performance of Landlord's Work will not constitute Excused Delays. Landlord may enter the Premises during normal business hours to pertbrm Landlord's Work with advance notice of at least 24 hours to Tenant's on-site manager. If Landlord enters the Premises on the authority of the foregoing, Landlord must not materially interfere with Tenant's business operations. (b) Landlord shall incorporate only new materials and equipment into the Premises while performing Landlord's Work. Landlord warrants Landlord's Work against defective design, workmanship and materials, latent or otherwise, for a period of one year from the date Landlord substantially completes Landlord's Work, secures the Certificate of Occupancy and tenders possession of the Premises to Tenant (the "Warranty Period"). By virtue of the foregoing warranty, Landlord shall repair or replace at its sole cost and expense any defective item occasioned by defective design, workmanship or materials that Tenant discovers during the Warranty Period. On the expiration of the Warranty Period, Landlord must deliver to Tenant originals of all continuing assignable guaranties and warranties issued or made in connection with Landlord's Work and concerning items for which Tenant has maintenance responsibility and must assign to Tenant, free and clear of all liens and encumbrances, Landlord's interest in those guaranties and warranties by means of a duly executed and acknowledged assignment in form and substance satisfactory to Tenant. From and after the expiration of the Warranty Period, Landlord shall cooperate with Tenant in Tenant's enforcement, at Tenant's sole cost and expense, of any express warranties or guaranties of workmanship or materials given by subcontractors, architects, draftsmen, or materialmen that guarantee or warrant against defective design, workmanship or materials for a period of time in excess of the Warranty Period. The obligations Landlord undertakes under the terms of this Section 2(d) are in addition to the maintenance and repair obligations that Landlord undertakes under other terms of this Lease. (c) Tenant's making of a claim for repair or replacement of a defective item of Landlord's Work will toll the running of the. Warranty Period with respect to the item that is the subject of that claim and the warranty set forth in Section 2(d) will remain in effect as to that item until Landlord properly corrects it even though the Warranty Period would otherwise have expired. If defects covered by the warranty set forth in Section 2(d) deprive Tenant of possession of the Premises or otherwise constructively evict Tenant from the Premises, all installments of Base Rent becoming due under the terms of this Lease will abate and will not be due and payable for the entire period of that dispossession or constructive eviction. If the dispossession or constructive eviction occurs with respect to only a portion of the Premises, the Base Rent will partially abate with the abatement in proportion to the diminished utility in the conduct of Tenant's business operations of that portion of the Premises from which Tenant is dispossessed or constructively evicted. If the dispossession or constructive eviction continues for more than 120 days, Tenant has the right, in addition to all other remedies available to Tenant at law or in equity, to terminate this Lease without any liability whatsoever to Landlord. Tenant will exercise that right, if at all, by delivering written notice to Landlord prior to the time the dispossession or constructive eviction ends. (d) Landlord shall complete Landlord's Work in accordance with the terms of this Lease and all applicable laws, ordinances, regulations and restrictive covenants (the "Legal Requirements"), free of mechanic's liens or other liens, and shall defend, indemnify and hold Tenant harmless from and against all claims, actions, losses, costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys' fees, resulting from (i) the assertion or filing of any claim for amounts alleged to be due to the claimant for labor, services, materials, supplies, machinery, fixtures or equipment furnished in connection with the performance of Landlord's Work, (ii) the foreclosure of any mechanic's or materialman's lien that allegedly secures the mounts allegedly owed to the claimant, or (iii) any other legal proceedings initiated in connection with that claim. (e) Tenant and Landlord must each designate in writing one or two representatives to act in its behalf in dealings with the other party in matters relating to Landlord's Work. Each representative must (i) attend each regular project meeting relating to Landlord's Work, and (ii) be qualified to give authorizations, render decisions and take such other action as may be required at those meetings. Any consents or approvals that a designated representative gives will bind the party on whose behalf the representative acts. Either party may change its designated representatives at any time by giving notice of a change of designation to the other party. The designated representatives will exert their best efforts to render decisions and take actions in a timely manner so as to avoid u~onable delay in the other party's work and actions relating to the Premises. For the purposes of Landlord's Work, Landlord's designated tentative is and Tenant's designated representative is Barry Carter. (f) If Landlord fails to substantially complete Landlord's Work by the Completion Date (as such date may be extended due to Excused Delays), Landlord shall pay Tenant immediately after each of Tenant's written demand liquidated damages in the amount equal to 1/30'h of monthly installments of Base Rent for each day after the Completion Date (as such date may be extended due to Excused Delays) that that failure continues. If Landlord fails to substantially complete Landlord's Work within 60 days after the Completion Date for any reason other than Tenant Delays, Tenant may terminate this Lease by delivering written notice of its election to terminate to Landlord at any time before Landlord rectifies that failure. Section 3. Term. (a) The term of this Lease (the "Term") will be the period that commences on the date (the "Commencement Date") on which Landlord substantially completes Landlord's Work, secures the Certificate of Occupancy, and tenders possession of the Premises to Tenant and that ends at 11:59 p.m. (Kenai, Alaska local time) on February 28, 2013. (b) Within 30 days after the Commencement Date, the parties will execute an acknowledgment letter for the purpose of confirming the Commencement Date, the Expiration Date, the rentable area of the Premises, and the annual Base Rent. That acknowledgment will be substantially in the form of the attached Exhibit C. Section 4. Base Rent. (a) Tenant shall pay to Landlord for the Premises as base monthly rent ("Base Rent") the sum of Four Thousand Three Hundred Twenty Five Dollars ($4,325.00). Unless Tenant pays Base Rent in accordance with Section 4(b) below, Tenant shall pay each monthly installment of Base Rent in advance on the first day of each month during the Term, with the first installment of Base Rent being due on the Commencement Date. If the Commencement Date occurs on a day other than the first day of a calendar month, the Base Rent for the month in which the Commencement Date occurs will be equal to the monthly installment amount specified above multiplied by a fraction, the numerator of which is the number of days that will elapse between the Commencement Date and the last day of that month, and the denominator of which is the total number of days in that month. (b) From and after the Commencement Date, Tenant may elect to make payments of monthly Base Rent to Landlord by means of electronic funds transfer. Tenant will deliver to Landlord written notice of its election to make payments of Base Rent in that manner and, in response to that notice, Landlord shall deliver to Tenant written notice of the name of the bank and the number of the account into which Landlord wishes Tenant to make those payments. Landlord may change the name of the bank and the number of the account into which Landlord wishes Tenant to make payments of Base Rent at any time by delivering written notice to Tenant at least 30 days in advance of the date the change becomes effective, ff Tenant elects to make payments of Base Rent to Landlord by means of electronic funds transfer, Tenant shall cause the transfer of each monthly installment of Base Rent to be made on the fifth day of each calendar month or, if the fifth day of a calendar month is a non-banking day or a United States holiday that Tenant observes, on the next business day following the fifth day of the calendar month. Having made an election to make payments of Base Rent by means of electronic funds transfer, Tenant has no obligation to continue to make payments in that manner and may cease making payments in that manner after delivering written notice of its election to Landlord. After Tenant notifies Landlord of its election to discontinue making payments of Base Rent to Landlord by means of electronic funds transfer, payments of Base Rent will subsequently become due in accordance with the terms of Section 4(a) above. Tenant shall send to Landlord payment remittance information with respect to each payment that Tenant makes in accordance with the terms of this Section 4(b) in a format mutually acceptable to the parties. The National Automated Clearing House Association's Operating Guidelines regarding the Corporate Trade Exchange Format, as amended from time to time, and Article 4A of the Uniform Commercial Code, as adopted in Tennessee and as amended l~om time to time, will govern all payments Tenant makes in accordance with the terms of this Section 4(b). For purposes of this Section 4(b), Landlord warrants that it is not a "consumer," as that term is defined in Regulation E of the Federal Reserve Board. Landlord shall indemnify and hold Tenant and its directors, offices and employees harmless from and against any loss sustained by reason of any error, mistake or fraud in the payment information Landlord furnishes to Tenant. (c) If a termination of this Lease occurs for reasons other than Tenant's default and if the effective date of termination is other than the last day of a calendar month, the parties will prorate the Base Rent and additional rent payable with respect to the calendar month in which the effective date of termination occurs based on the number of days in that month, and Landlord shall promptly refund to Tenant, without demand, setoff or deduction, any previously paid Base Rent attributable to any period of time following the termination date. (d) Unless Tenant pays Base Rent in accordance with the terms of Section 4(b), Base Rent will be paid to Landlord at the address set forth in Section 22(g) or at' such other address as Landlord may from time to time designate. Section 5. Real Estate Taxes. At Landlord's expense and at no cost to Tenant, Landlord shall pay before delinquent all real estate taxes and installments of special assessments levied against the Premises and attributable to any period of time included within the Term. The foregoing includes any municipal, state or federal income or excess profits taxes assessed against Landlord, or any municipal, state or federal capital levy, estate, succession, inheritance or transfer taxes of Landlord, or corporation franchise taxes imposed upon the corporate owner of the fee of the Premises. Section 6. Use. Tenant may use the Premises only for lawful purposes reasonably related to Tenant's or Tenant's affiliates' business operations. Section 7. Alteratio.~.. (a) During the Term, Tenant may not make structural or exterior alterations to the Premises without Landlord's prior written consent. Landlord may not unreasonably withhold or delay that consent. Tenant, however, will have the fight, without Landlord's consent, to make non-structural alterations to the interior of the Premises ("Alterations") required for the conduct of Tenant's business. (b) Any alterations, Alterations or other leasehold improvements made by or paid for by Tenant, as well as any of Tenant's trade fixtures, furnishings and equipment in the Premises, will remain Tenant's property for all purposes. Except as otherwise agreed in writing by Tenant and Landlo~ Tenant may remove at its option and expense any alterations, Alterations and other leasehold improvements (other than leasehold improvements made by Landlord) on or before the expiration of the Term and Tenant shall remm the Premises to substantially the condition that existed on the Commencement Date, except for (i) ordinary wear and tear, (ii) damage that Landlord has the obligation to repair under the terms of this Lease, (iii) those structural alterations, if any, that Landlord does not designate for removal at the expiration of the Term as a condition to the granting of its consent to the making of the structural alteration and (iv) the cables Tenant installs in the Premises in connection with its Telecommunications Equipment described in Section 10(b). Section 8. Maintenance of Premises and Access. (a) Except as provided in Section 8(e), Landlord shall maintain the Premises in good condition throughout the Term at Landlord's cost and without cost to Tenant. Landlord's obligation for the maintenance of the Premises includes, without limitation, the repair and replacement, as necessary, of (i) the Parking Area, drives and sidewalks located on the Land, (ii) the structure of the Building, including the roof, roof membrane, drains, gutters, down spouts, foundation, floor slab, and load-bearing and exterior walls, exterior painting, (iii) all components of the systems serving the Premises, including, without limitation, the electrical, plumbing and HVAC systems, and (iv) plate glass, doors and windows. Landlord's obligation for the maintenance of the Premises includes snow removal from the Premises, which removal Landlord must complete in a timely manner. (b) Landlord shall accomplish all maintenance for which it is responsible as soon as practicable following receipt of notice from Tenant. If a hazardous or emergency situation exists or snow removal is necessary, however, Landlord shall have the maintenance performed immediately. (c) Landlord shall perform all repairs and maintenance required by virtue of Section 8(a) at its expense unless the repair or maintenance becomes necessary by virtue of the negligence or willful misconduct of Tenant or any of its agents, employees or invitees, or any Alteration Tenant makes to the Premises; in that case, Tenant shall reimburse Landlord within 30 days atter Tenant's receipt of Landlord's invoice for the amount, if any, by which the aggregate amount of all reasonable costs Landlord incurs in performing the maintenance or making the repair exceeds the amount of pr~s, if any, payable in respect of the damage to the Premises under the terms of the policy of property insurance Tenant maintains in force in accordance with the terms of Section 13(a)(l). (d) Landlord and its authorized representatives have the right to enter the Premises during Tenant's regular business hours for the purpose of (i) determining whether the Premises are in good condition and whether Tenant is complying with its obligations arising under the terms of this Lease and (ii) performing any maintenance or repairs for which Landlord is responsible under the terms of this Lease. Landlord has the right to enter the Premises at all times without notice in the event of an emergency or for the purpose of making emergency repairs; under other circumstances, Landlord must give Tenant written notice of Landlord's intended entry at least 48 hours in advance of that entry. Section 9. Utilities. Throughout the Term, Landlord shall cause all utility services that Tenant requires in connection with its use of the Premises to be furnished to the Premises. Tenant shall pay for all utilities and other services furnished to the Premises directly to the service providers. Section 10. Signs. o. nd Satellite Dish. (a) Tenant may place exterior signs on the Premises without Landlord's prior written consent subject to any applicable laws, codes or ordinances. Tenant shall maintain its signs in good condition and shall remove them and repair any damage caused by such removal on or before the expiration of the Term. (b) Tenant has the right to use a portion of the roof area of the Building or such other location on the Land, as Tenant may reasonably select and as the Legal Requirements permit, for the installation, operation, maintenance, security, repair and replacement of one satellite dish serving the Premises and related cable connections (the "Telecommunications Equipment").. Tenant's use of the Premises in respect to the Telecommunications Equipment will be subject to such reasonable rules as Landlord may from time to time designate and to the following additional conditions: (i) Tenant is solely responsible for the installation, maintenance, repair, operation and replacement of the Telecommunications Equipment and (ii) Tenant must install screening around the Telecommunications Equipment to the extent the Legal Requirements require. Within 30 days at, er the expiration of the Term or the earlier termination of this Leme, Tenant shall remove the Telecommunications Equipment and repair any damage to the Building that the removal causes. Tenant shall pay Landlord within 30 days after Landlord's demand the cost of repairing any damage to the Building arising from the removal and restoration. Section 11. Tenant's Indemni_ty. Except as provided in Section 14, Tenant shall indemnify and hold Landlord harmless from and against all claims, actions, demands, judgments, damages, liabilities and expenses, including reasonable attorneys' fees, that may be asserted against Landlord or that Landlord may sustain by virtue of the occurrence of the death of or bodily injury to any person or the loss of, damage to, or destruction of, any property arising from Tenant's use of the Premises or from Tenant's negligent or intentional acts or omissions or arising from Tenant's failure to keep, observe or perform any of the covenants or restrictions that Tenant must keep, observe or perform in accordance with the terms of this Lease or from Tenant's breach of any warranty or representation it makes in this Lease, except to the extent the claims, actions, demands, judgments, damages, liabilities or expenses arise from the intentional or negligent acts or omissions of Landlord or any of its representatives, agents, employees, contractors or invitees. Section_12_. Landlord's Indemnity. Except as provided in Section 14, Landlord shall indemnify and hold Tenant harmless from and against all claims, actions, demands, judgments, damages, liabilities and expenses, including reasonable attorneys' fees, that may be asserted against Tenant or that Tenant may sustain by virtue of the occurrence' of the death of or bodily injury to any person or the loss of, damage to, or destruction of any property arising in connection with any latent or patent defect in the condition of the Premises existing as of the Commencement Date, or arising from the negligent or intentional acts or omissions of Landlord, or any of its representatives, agents, employees, contractors or invitees, or arising from Landlord's failure to keep, observe or perform any of the covenants or restrictions that Landlord must keep, observe or perform in accordance with the terms of this Lease or fi.om Landlord's breach of any warranty or representation it makes in this Lease, except to the extent any such claims, actions, demands, judgments, damages, liabilities or expenses arise from the intentional or negligent acts or omissions of Tenant or any of its representatives, agents, employees, contractors or invitees. Section 13. follows: Insurance. (a) Tenant shall provide property and liability insurance as Throughout the Term, Tenant shall maintain in force with respect to the Building and the leasehold improvements Tenant makes to the Premises all risk property insurance in an amount equal to the replacement cost of the Building above its foundations and Tenant's leasehold improvements. . Throughout the Term, Tenant shall maintain in force ali risk property insurance covering personal property Tenant places upon or installs within the Premises in an mount equal to the replacement cost of that personal property. , Throughout the Term, Tenant shall maintain in force time element insurance covering the loss of rental income for a period of up to 12 months that may occur as a result of loss or damage to the Building caused by any peril covered by the property insurance described in Section 13(a)(l) above. . Throughout the Term, Tenant shall maintain in force a policy of commercial general liability insurance insuring Landlord, Tenant and Landlord's designated mortgagees against liability arising from Tenant's use, occupancy or maintenance of the Premises and appurtenant areas and providing contractual liability coverage for the indemnities Tenant makes in Section 11. The limit of that insurance must be at least One Million Dollars ($1,000,000.00) per occurrence for bodily injury to or death of any persons or property damage. Tenant must cause the policy by which Tenant provides that commercial general liability insurance to be endorsed to order to confirm that (i) that insurance is primary insurance and (ii) insurance maintained by or for Landlord's benefit will not reduce the proceeds payable in respect of any claim made on the insurance Tenant furnishes in accordance with the terms of this Section 13(a)(4). (b) Each policy of insurance that Tenant maintains in accordance with the terms of this Lease must be written by insurance companies authorized to do business in the state where the Premises are located, must be in form and substance reasonably satisfactory to Landlord and must provide that the insurer will cancel, terminate or materially change the policy only after it has given Landlord and Tenant written notice of the anticipated cancellation, termination or material change at least 30 days in advance of the time at which the cancellation, termination or material change becomes effective. (¢) Tenant may provide the insurance required by virtue of the terms of this Lease by means of a combination of primary and excess or umbrella coverage and by means of a policy or policies of blanket insurance so long as (i) the amount of the total insurance allocated to the Premises under the terms of the blanket policy or policies furnishes protection equivalent to that of separate policies in the amounts required by the terms of this Lease, and (ii) the blanket policy or policies comply in all other respects with the other requirements of this Lease. (d) As soon as practicable, Tenant shall furnish to Landlord certificates of insurance reflecting that the policies Tenant has agreed to maintain are in force, and it shall also provide certificates evidencing all renewals of those policies. Section 14. Waiver of Subrogation. Each party waives and releases, to the extent of the pr~ that are or would be payable to it in respect of the policies of property insurance and time element insurance required by virtue of Section 13 above, any and all fights of recovery, claim, action or cause of action that it may now or later have against the other or the other's agents, officers and employees, by virtue of (A) any loss or damage that may occur to the Building, improvements to the Building or personal property within the Building or (B) any diminution in the rent derived from the operation of the Building or in the revenue derived from the conduct of business within the Building, regardless of cause or origin, including, without limitation, the negligence of Landlord or Tenant or any of their respective representatives, agents, employees, contractors and invitees. Because this Section 14 will preclude the assignment of any claim described above by way of subrogation or otherwise, each party must give each insurance company that has issued to it policies of insurance covering all risks of direct physical loss or revenue loss written notice of the terms of the mutual waivers set forth in this Section 14 and to have those policies properly endorsed, if necessary, to prevent the invalidation of the insurance coverages by reason of the mutual waivers set forth in this Section 14. Section 1:5. Casual _ty. (a) If the damage caused by a fire or other casualty renders the Premises untenantable, Base Rent will abate for the period during which the Premises arc untenantable. If the damage caused by a fire or other casualty renders the Premises partially untenantable, Base Rent will partially abate until full use of the Premises is restored to Tenant in proportion to the diminished utility of the Premises in the conduct of Tenant's business. If a fire or other casualty renders the Premises untenantable, in whole or in part, and the estimated time for the restoration of the Premises exceeds the period that will expire on the date that is 60 days at~er the date of the occurrence of the fire or casualty, either party may terminate this ~ by the delivery of written notice to the other within 10 business days following the date on which Landlord notifies Tenant of the estimated time for the restoration. Landlord must notify Tenant of the estimated time required for the reswration of the Premises within 10 business days following the date of the occurrence of the casualty. If a termination of this ~ does not occur in accordance with the foregoing provisions of this Section l:5(a), but Landlord fails to complete the restoration of the Premises by the date that is 30 days al[er the date of the expiration of the period within which Landlord estimated the restoration would be completed, Tenant may terminate this Lease by the delivery of written notice to Landlord at any time following the expiration of that 30-day period, but prior to the date on which Landlord completes the restoration of the Premises. (b) If fire or other casualty damages the Premises and a termination of this Lease does not occur, Landlord shall restore the Premises (inclusive of leasehold improvements Tenant makes) to substantially the condition that existed prior to the occurrence of the fire or other casualty and shall pursue the restoration with diligence and continuity. In so doing, Landlord shall comply with all Legal Requirements. In performing its restoration obligation, Landlord must restore the Improvements so that they comply with laws and regulations applicable at the time of the restoration and not just the laws and regulations that were applicable at the time of original construction of the Improvements. Section 16. Tenant's Default. The occurrence of any one or more of the following events (the "Events of Default") will constitute a default and breach of this Lease by Tenant: (i) The failure of Tenant to pay any Base Rent when due and the continuance of such failure for more than 10 days after the date on which Landlord gives Tenant written notice of such delinquency; (ii) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than the late payment of Base Rent, where such failure continues for a period of 30 days after receipt of written notice by Landlord to Tenant; if, however, the nature of the obligation that Tenant has failed to perform is such that more than 30 days are reasonably required for its cure, an Event of Default will not occur so long as Tenant commences such cure within that 30-day period and diligently and continuously prosecutes the cure to completion; or (iii) The making by Tenant of any general assignment or general arrangement for the benefit of its creditors; the filing by or against Tenant of a petition seeking relief under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, Tenant causes the petition to be dismissed within 60 days after the date of its filing); the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located in the Premises or of Tenanfs interest in this Lea~, where possession is not restored to Tenant within 60 days after the date of such appointment; or the attachment, execution or other judicial seizure of substantially all of Tenanfs assets located in the Premises or of Tenant's interest in this Lease unless Tenant causes such seizure to be discharged within 60 days after the date of the initiation of such seizure. Section 17. Landlord's Remedies. At any time after the occurrence of an Event of Default, with or without additional notice or demand, Landlord may do one or more of the following: (i) Terminate this Lease and repossess the Premises by any lawful means; or (ii) Pursue any other remedy available to Landlord under the laws of the jurisdiction in which the Premises are located, subject only to the limitation set forth in Section 21 (d) on the amount of money damages that the parties may seek under the circumstances described in that Section. Section 18. Landlord's Defaul~ and Tenant's Remedies. If Landlord defaults in the performance of any of Landlord's obligations set forth in this Lease, Tenant may do one or more of the following: (i) Perform such obligation on behalf of Landlord after notice to Landlord that is reasonable under the circumstances. Landlord shall pay to Tenant within 30 days after the date of Landlord's receipt of Tenant's invoice the full amount of the cost and expense incurred by Tenant in performing such obligation on behalf of Landlord, together with the amount of any attorneys' fees incurred by Tenant in instituting, prosecuting or defending any action or proceeding by reason of any default in respect of any obligation Landlord has undertaken under the terms of this Lease. If Landlord fails to promptly pay those amounts, Tenant may offset the amount owed against Base Rent and any other sums due Landlord; 10 (ii) Terminate this Lease by delivering written notice to Landlord, if any default on the part of Landlord continues for a period of 30 days at, er Tenant has given written notice of the default to Landlord: or (iii) Pursue any other remedy available to Tenant under the laws of the jurisdiction in which the Premises are locmed, subject only to the limitation set forth in Section 2 l(d) on the amount of money damages that the parties may seek under the circumstances described in that Section. Section 19. Quiet Enio.¥rnent. Provided it has paid all Base Rent due and is not otherwise in default, Tenant may peaceably and quietly enjoy the Premises at all times during the Term without disturbance. S..e~ion20. As$ignmen~ and Subletting. Except as expressly permitted below, Tenant may not transfer, assign, sublet or otherwise alienate its interest in the Premises without first obtaining the written consent of Landlord. Landlord may not unreasonably withhold or delay that consent. Tenant may, however, sublease, assign all or any part of its rights and delegate its duties under this Lease without Landlord's consem to a corporation controlling, controlled by, or under common control with, Tenant, the surviving corporation in a merger, consolidation or reorganization involving Tenant, or the purchaser of all or substantially all of Tenant's assets. No subletting, assignment of rights or delegation of duties that Tenant may make without first obtaining Landlord's written consent will relieve Tenant from liability for the performance of the obligations Tenant undertakes under the terms of this Lease. Section 21. Compliance with Environmental Laws. (a) Landlord warrants and represents to Tenant that, to the best of Landlord's knowledge and after reasonable inquiry, the Land and Building are in full compliance with all applicable environmental laws, rules, requirements, orders, directives, ordinances and regulations of the United States of America or any state, city or municipal government or lawful authority having jurisdiction over the Premises (collectively "Environmental Laws"). Except as set forth in Section 2 l(c), Landlord shall take at its expense all action nece~, including all remediation and clean up work, to ensure that the Land and Building comply at all times with all Environmental Laws and that the Premises are safe for use and occupancy at all times. (b) Except as set forth in Section 21 (c), Landlord shall defend, indemnify and save Tenant and its directors, officers, agents, employees and contractors harmless from and against all claims, obligations, demands, actions, proceedings, judgments, losses, damages, liabilities, fines, penalties and expenses (including, without limitation, sums paid on settlement of claims, reasonable attorneys' fees, and reasonable consultant and expert fees and expenses) that any one or more of them may sustain in connection with any failure of the Land and Building to comply with Environmental Laws or in connection with any environmental condition affecting the Premises. 11 (c) Except as provided in Sections 2 l(a) and (b) above, Tenant shall timely comply at its cost and expense with all rules, requirements, orders, directives, ordinances and regulations applicable to Tenant's use and occupancy of the Premises, including, without limitation, the Environmental Laws, and shall defend, indemnify and hold Landlord and its directors, officers, agents, employees and contractors harmless from and against all claims, obligations, demands, actions, proceedings, judgments, losses, damages, liabilities, fines, penalties and expenses (including, without limitation, sums paid on settlement of claims, reasonable attorneys' fees, and reasonable consultant and expert fees and expenses) that any one or more of them may sustain by virtue of any violation of the Environmental Laws caused by Tenant's use and occupancy of the Premises. In making the foregoing covenant and indemnity, Tenant does not undertake any obligation to remediate, or any liability for the cost of remediating, the Land and Building to a level of contamination lower than that which existed on the Commencement Date or to a level of contamination lower than that after the achievement of which the governmental authorities having jurisdiction over the environmental condition will discontinue enforcement actions. (d) The indemnities of Landlord and Tenant contained in this Section 21 will not extend to loss of business, lost rentals, diminution in property value, or incidental, indirect or consequential damages. (e) The provisions of this Section 21 will survive the expiration of the Term or the earlier termination of this Lease. Section 22. Miscellaneous. (a) This Lease inures to the benefit of and binds each of the parties and their respective heirs, administrators, successors and assigns, but neither the rights nor the duties of either party under this Lease may be voluntarily assigned or delegated without the prior written consent of the other party, except as expressly permitted above. (b) All section headings and captions used in this Lease are purely for convenience and do not affect the interpretation of this Lease. (c) This 12.ase will be governed by and interpreted in accordance with the laws of the state where the Premises are located, and the parties submit to the jurisdiction of any appropriate court within that state for adjudication of disputes arising from this Lease. (d) Except as otherwise provided, the parties may amend this Lease only by means of written agreements signed on behalf of Tenant and Landlord by their respective authorized officers. (e) This Lease supersedes all prior understandings, representations, negotiations and correspondence between the parties, constitutes the entire agreement between them with respect to the matters described in this instrument, and will not be modified or affected by any course of dealing, course of performance or usage of trade. 12 (f) The parties may execute this Lease in any number of counterparts and all such counterparts taken together will constitute a single agreement. (g) All notices, approvals, requests, consents and other communications given, required or permitted in accordance with the terms of this Lease must be in writing and must be hand-delivered or sent by facsimile transmission, Federal Express overnight service or United States certified or registered mail, return receipt requested. If a party delivers a notice by means of facsimile transmission, it must also send a copy of that notice by one of the other means specified above. The parties will consider notices given or delivered when received or when the recipient refuses proper delivery. The parties will address notices as follows: If to Landlord: Mr. Ron Swanson (overnight delivery requires a street address) Telephone: (907) 283-4232 Facsimile: (907) ~-~ If to Tenant: Federal Express Corporation Attn.: Manager, Retail/AGFS/Office/Industrial Real Estate (#88-0446) 3680 Hacks Cross Road Building H, 2ad Floor Memphis, Tennessee 3 8125 Telephone: (901) 434-9175 Facsimile: (901) 434-9687 with a copy to: Federal Express Corporation Legal Department 3620 Hacks Cross Road Building B, 3rd Floor Memphis, Tennessee 3 8125 Attn: Managing Director, Business Transactions (#88-0446) Telephone: (901) 434-8600 Facsimile: (901) 434-7831 A party may change the address to which it wishes notices to be sent by delivering notice of the change of address to the other party in accordance with the terms of this Section 22(g). Section 22t. Brokers. Landlord and Tenant represent each to the other that the only broker used in connection with this Amendment is Fischer & Company, whose commission Landlord shall pay in accordance with the terms of a separate commission agreement. Landlord shall indemnify and defend Tenant from and against any claims, demands or actions brought by 13 Fischer & Company. Each party shall defend and indemnify the other from and against any claims, demands and actions brought by any broker or other finder to recover a brokerage commissions or any other damages on the basis of alleged dealings with the indemnifying party contrary to the foregoing representation. Section 24. Validity .0f Agreement. This Lease will not be valid or bind Tenant unless an officer of Tenant has signed it on behalf of Tenant and Tenant's counsel has manifested its approval of the legal form of this Lease by initialing it in the space provided below. IN W~SS WHEREOF, the parties have signed this Lease on the date first above written. Landlord: FEDERAL EXPRESS CORPORATION i~on sWansoh By: . Name: Title: ("Tenant") 14 Exhibit A to that certain Lease Agreement between Federal Express Corporation ("Tenant") and Ron Swanson, an individual ("Landlord") Dated ,, 2003 The Premises .494878 vi Exhibit B to that certain Lease Agreement between Federal Express Corporation ("Tenant") and Ron Swanson, an individual ("Landlord") Dated ,2003 Landlord's Work Exhibit C to that certain Lease Agreement between Federal Express Corporation ("Tenant") and Ron Swanson, an individual ("Landlord") Dated ,2003 Form of Acknowledgment Letter Reference is made to that Lease Agreement (the "Lease") dated between . , and Federal Express Corporation, as Tenant. Terms that are defined in the Lease have the same meanings when used in this acknowledgment. The parties agree as follow: Landlord has satisfactorily completed the construction of the leasehold improvements that Landlord undertook to build under the terms of the Lease, subject to the completion of the punch list items .listed on the attachmem to this acknowledgment. ., Landlord has tendered possession of the Premises to Tenant and Tenant has accepted possession. o The Commencement Date of the Term is Expiration Date is ,~. , . _,andthe , The floor area of the Premises, as completed, is feet. square 5. The monthly Base Rent payable during the Term is $ e The terms and conditions of the Lease will continue in full force and effect and the parties ratify and confirm those terms and conditions. Witness Witness ("Landlord") FEDERAL EXPRESS CORPORATION By: . Wimess Title: ("Tenant") )EAST ELEVATION 1,~- 1'-0" tBUILDING SECTION 1/8'" 1'-0" Kenai Multi-Purpose Facility Clubhouse Preliminary Design Architects Alaska/Klauder & Company Architects, Inc. Associated Arch itects ICE ARENA LOBBY SKATE RENTAL & STORAGE ()MAIN LEVEL FLOOR PLAN, FOR ARCTIC WINTER GAMES 1ftC' · 1:0' Kenai Multi-Purpose Facility Clubhouse Preliminary Design ICE ARENA LOBBY (MAIN LEVEL FLOOR PLAN, AFTER ACTIC WINTER GAMES 111~' · 1'-0' Architects ~!laska / Klauder & Company Archt'tects, Inc. Associated Arch itects December 11, 2003 CITY OF KENA 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1902 Mayor Dale Bagley Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 RE: COOK INLET FERRY SYSTEM-- Letter of Support Dear Mayor Bagley: The Kenai City Council has been made aware of the concept of the development of a Cook Inlet Ferry System which would deliver passengers as well as commercial and passenger vehicles from the Port of Anchorage to the Kenai Peninsula. It is the Council's wish to advise you and the Kenai Peninsula Borough Assembly of its support for this project along with the following: · Support for the extended construction of the North Peninsula Kenai Spur Highway all the way to Point Possession. We believe the construction of this highway would serve a tremendous economic development benefit and create a much needed alternative transportation route when connected to the proposed ferry system. · We encourage the Kenai Peninsula Borough to join with the Matanuska' Susitna Borough and the Municipality of Anchorage in the formation of a tri-borough transportation authority in the hopes that funding for such a project could be combined with the overall funding now proposed for the Knik Arm Crossing and the proposed ferry system. · We encourage the Kenai Peninsula Borough formally assign a liaison to the existing Anchorage & Mat-Su Regional Transportation Planning Organization so tracking of the proposed project will continue. · We encourage proposals such as the environmental impact statement, engineering, construction cost estimates, land acquisition, rights-of-way acquisition, Mayor Dale Bagley December 11, 2003 Page 2 and land ownership identification maps be forwarded to Mr. Jim Clark, Chief of Staff to Governor Murkowski at the earliest possible convenience. Mr. Clark is extremely interested in the project and has asked that ideas for projects of this nature be forwarded to his office for inclusion in the statewide master plan. The Kenai City Council thanks you for your time and effort and your major support of this project. CITY OF KENAI ~-- dohn il. Williams Mayor JJW/clf cc' Pete Sprague, President Kenai Peninsula Borough Assembly 210 Fidalgo Avenue, Kenai, Alaska 99611-77.~ Telephone: 907-283-7535/FAX: 907-283-3014 1992 KENAi, ALASKA MEMORANDUM: TO' FROM' '.,, Linda Snow, City Manager Larry Semmens, Finance Director~ DATE' December 5, 2003 SUBJECT' Monthly Report I met with Stephanie Carroll from ACS Communications regarding managed services. ACS would be able to provide services currently provided by other vendors, but probably at higher cost. They can also provide specialized services for Cisco hardware if we need it. ACS is going to provide a quote for hosting our email. Most entities of our size host their own email, just as we are currently doing, because it is more cost efficient. There are other vendors of email services at reasonable prices; however, the vendor would be in another state and I have not been comfortable with that option. In the process of considering changing our ISP to GCI, I found out that ACS changed prices for DSL intemet services over a year ago. The only problem is that we were not notified. Ms. Carroll is going to credit our account for the excess charges. The amount is expected to be over $2,000. I am reevaluating whether to switch to GCI given the price comparability with ACS services. Finance will be working on the budget in January. Our new software system has budgeting capabilities that I will try to get up to speed on. I will be on vacation until after the Christmas holiday to see my son graduate from Alaska Army Guard bootcamp. "Village with a past, ¢it with a Future" KENAI PARKS & RECREATION DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692/FAX: 907-283-3693 MEMORANDUM TO: FROM: DATE: Linda Snow, City Manager Robert J. Frates, Parks & Recreation Director~ Jack LaShot, Public Works Manager ~ December 8, 2003 MPF Electrical Report In October 2003, Homer Electric was asked to look for any unusual anomalies with respect to the electrical consumption at the Kenai Multi-Purpose Facility. As a result, HEA agreed to attach a computerized monitoring device in Order to record power consumption. The device was installed on October 24ta and continues to collect data to this day. Attached are a couple of graphs depicting power consumption by the three different power sources feeding the building. The first graph charts the daily power consumption from November 14ta through November 17t~. The second graph charts the average daily usage during that same period of time. The spikes in the chart indicate the highest energy consumption and directly correlate to the evenings when usage is the heaviest. Demand on the facility such as lights, heaters, compressors, and ice maintenance are at their peak during this time. The other periods of time throughout the day remain relatively flat, indicating that there are no unnecessary demands being placed on the system or facility. Moreover, Homer Electric indicated that for a facility of this nature the system is operating and being managed efficiemly. Energy conservation practices are constantly being pursued from controlling water temperatures during ice maintenance, maintaining proper ice thickness, minimizing compressor start-ups, controlling heater temps to limiting light usage during non-peak times. Most recemly, we began comrolling the heat trace by utilizing it only on an as needed basis. Additional energy consumption repons from HEA's monitoring device will be forthcoming and analyzed again for anomalies. One design change that could possibly save approximately 13% from the total cost would include converting the electric heaters in the warming shacks to gas. At this time design and construction costs may not warrant this change. We recommend that this be examined at the time upgrades, if any, are performed in preparation for the 2006 Arctic Winter Games. However, at this time we feel very comfortable that the system is being managed and is operating in the most cost effective manner. Our current energy charge is .05588 per KWH with a demand charge of $5.59716 per KWH. Due to the energy load that refrigeration compressors place on the system, if they operate more than 15 minutes we get bumped up into the higher demand charge rate. It is typical for one compressor to mn more than 15 minutes, especially during warming trends. Attachments CITY OF KENAI VIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666 · (90'7) 283-8171 fax e-mail' kfdept@ci.kenai.ak.us December 9, 2003 TO' Linda Snow, City Manager From: Scott Walden, Fire Chief Subject: November 11 - December 9, 2003 Department Report Type of This Period This Period 2003 to 2002 to Difference Response last yr date date Fire 1 2 39 39 0 EMS 76 61 668 619 + 49 Other 35 16 294 190 + 104 TOTAL 112 79 1001 848 + 153 "Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms, ARFF. Participated in pre-build teleconference for ambulance, expect delivery in February; developed and submitted grant to FEMA to support local fire prevention program; made site visits to Kenai Landing development and met with developers to establish smooth design and construction phases to enable partial opening by Memorial Day; assisted Public Works and Airport in radio maintenance issues, and continued work with Airport on Emergency Plan revisions; developed Bus Response Plan draft for Borough-wide use, with assistance from Laidlaw. Conducted several department tours for kindergarten, classes; assisted Food Bank in providing smoke detectors to those in need, placing certificates in food baskets for Thanksgiving delivery (enlisted assistance from CES for outside City); assisted local Safe Kids chapter in grant request with letters of support; assisted Chamber with Xmas Comes to Kenai activities, including delivering Santa in morning, parade of lights in afternoon and helping with bonfire and activities in evening; continued participation in. KCHS Student Aspirations mentor program Continue working with Home Depot on preparation for grand opening; conducted pre-planning tours of detention center and scheduled work with facility administrator on emergency response plan development. Attended LEPC meetings and began review of Borough Emergency Operations Plan at request of OEM; evaluating need and efficiency'~of emergency warning sirens in Kenai at request of OEM; personnel on board with OEM to train citizen Community Emergency Response Teams (CERT) in area. MEMORANDUM To: Linda Snow, City Manager Rachael S. Craig, Senior Center Director Date' Subject' December 9, 2003 November Monthly Report Total number of days we were open in November: 5 Days Total Congregate Meals Served: 1266 Total Home Meals Served' 1130 Total Non-Senior Meals: 12 Total Meals served in October: 2408 Total Transportation Assisted · 322 Total Unassisted Transportation: 168 The Center had a total of 895 volunteer hours for the month of November. We are so thankful for your volunteers. They are our "unpaid" staff. The following is a list of the areas where volunteers work at the Center: 110 Hours Transportation 40 Hours Kitchen prep. 125 Hours Receptionist 91 Hours Dining Room Set-Ups and Servers 70 Hours Craft and Decoration Instructor & Decorator 46 Hours Evening Fundraisers 8 Hours Hours in Library 65 Hours Quilting for fundraisers 25 Hours Community service 18 Hours Student Intern 20 Hours Float Design and Creation 25 Hours Potluck set-up on Holidays for staff 25 Hours Bread Donation Pick-Up 10 Hours Entertainment 107 Hours Line Dancers volunteer hours in community 50 Hours Senior Connection 50 Hours Council on Aging 10 Hours Shoveling As you can see by this list, if we had to pay staff to do these positions our personnel costs would be much higher than they are. Our Senior Connection and Kenai Performers participated in a joint fundraiser. A one act mystery play and dinner was presented for two nights. We had sell out performances. A Kenai playwright wrote the play. Both organizations felt it was very successful and this will become a yearly performance with plays written by local writers. We are now considering two nights and one matinee for next year. We held our annual Agfium Thanksgiving Dinner with 240 guests and 20 volunteers. Agrium donated and cooked the turkeys, gave a monetary donation of $900 to assist in paying for food, flower centerpieces along with Agrium hats that were used for door prizes. Our seniors designed and built our" Christmas Comes to Kenai" float, baked and donated cookies for the kids and Santa Claus after the parade. 'CITY OF KENAI 210 RDALGO AVE., surrE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-~14 ~ MEMORANDUM TO' FROM. DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Man .agar December 11, :2003 Department Report for Council meeting of December 17, 2003 A current Public Works bid information sheet is attached. Since our meeting to discuss the Senior Center kitchen expansion, I have been discussing the project with consultants. We expect to have a PO for council consideration for this meeting or the first meeting in January. A PO and a resolution to transfer funds within the Multi-Purpose Facility capital project fund will also be presented for council approval at this meeting. The funds will provide plumbing, electrical, and wall framing in the storage area of the facility to provide space for a new vendor. We expect minor building issues at The Home Depot to be resolved by Monday in order to issue of a Certificate of Occupancy prior to the scheduled opening. We have received copies of letters from AD EC to FAA regarding the FAA bluff property to be transferred to the City of Kenai. The letters indicate that "No Further Action" is required for environmental cleanup. The letters can now be included in the Final Environmental Audit and the land transfer can take place. cai E E 0 0 0 ~0 ~ 0 ~-0 0 0 ~ o I ~ ~ ~ ~ ~ 0 ~ ~ 0 · ~ ~ ~ ~ ~ ~ -- _ ~ ~ ~ .- ~ ~g '-- o .... c-- ~Z Z ~ Z Z Z ~ ~ ~ Z Z Z ~ o o o ~ o ~ ~ ~ ~ o o ~o -- °E ._2 ~ -- · ~ ~ ~ <~ >~ = - ~ · 0 '- - ~ ~ · o ._ ~ ~ .-- ~ ~ 0 ~ C ~ ~ ~~ ~o ~ o .-o == · --0 '-- .-- .-- ~' ~ ~ O0 0 Page I ol I Linda Snow From: Ewa Jankowska Sent: Thursday, December 11, 2003 10:13 AM To: Linda Snow Cc: Kim Howard Subject: Kenai Community Library - Monthly Report-November 2003 We are happy to report that in November 2003 we issued a record number of new library cards - 548! That is almost a half of what we issue during the whole year! We also see more and more kids coming to the Library to do their homework which is a real pleasure to see. The Library staff is very busy. Despite Sunday closing and a lost part time position, our circulation rose by 3.4% since last year and the Library attendance dropped only 1.9%. We seem to be particularly busy on Saturdays when both the kids and the parents can come to the Library together. With some help from our volunteers, especially Emily DeForest, we are looking at our records to make sure that they are compliant with the requirements of Horizon - the new cataloging and circulation. We are very excited about migrating to a new, more modern system and are looking forward to all the challenges this might bring! This month we started a new procedure concerning lost books and other library items. We usually mail three overdue notices but after the item is 60 days overdue and after 30 days from the final notice date (to return the lost item or to arrange a payment schedule) we are going to refer the patron's account to the City Attorney for collections. At this time this new rule will apply only to lost items, that we need to replace, not the overdue fines. After talking with the City Attorney we decided to take this route, since our countless letters took too much staff time and did not bring any response. 12/11/2003 Kenai Communi~ Library 163 Main Street Loop Kenai, Alaska 99611 REPORT FOR NOVEMBER, 2003 CIRCULATION Adult Juvenile Fiction 1651 Non-Fiction 1446 Periodicals 37 Cassettes Intemet Access CDs Kits Misc. 127 655 185 3 46 Total Printed Materials ............... 5519 405 288 Puzzles 3 Easy Books 1233 459 Videos DVD 1033 121 Total Circulation ............................ 7692 IPAC Searches .................... 3171 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts 1 60 18 21 36 10 Purchases 234 27 Total Additions .............................. 412 INTERLIBRARY LOANS Ordered Received Returned Books 29 14 13 INTERLIBRARY LOANS BY OUR LIBRARY ............ 17 INTERNET USE ........ 655 VOLUNTEERS Number .... 12 Total Hours .....162 INCOME Fines and Rental Books Xerox Lost or Damaged Books $ 993.56 246.75 217.07 Total Income for NOVEMBER, 2003 ............ $1,457.38 Library Cards Issued November, 2003 Kenai 270 Anchor Point 1 Cooper Landing 2 Homer 4 Kasilof 25 Nikiski 61 Ninilchik 2 Soldoma 93 Sterling 19 Other 71 Total 548 Total Library Patronage ...... 6,109 Persons Adult Programs ........ 29 Persons Childrens Programs .... 315 Persons KENAI, ALASKA "village with Past, Cit with Future" KENAI PARKS & RECREATION DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 MEMORANDUM TO- FROM- DATE- Linda Snow, City Manager Robert J. Frates, Parks & Recreation Directo ~~.. December 11, 2003 Monthly Administrative Report- November Sufficient snow coverage allowed grooming efforts to begin at the Kenai Golf Course. Skiing has been outstanding with use coming from KCHS and the general public. The Kenai Middle School begins their season the first week in January. Some new loops have been added this season with emphasis on maintaining classical tracks. Snowmachine traffic on the course has been minimal to date. Skating activities have continued strong since the last report. Lisa Zulkanycz, a former KPHA Board Member and active volunteer, received a donation from Spenard Builders Supply for the construction of a handicap accessible viewing platform. Earl Hicks and Joe Moore volunteered their time to build the platform and it is located at the east end of the rink. The platform is a wonderful addition to the thcility. The KCHS Hockey Booster Club sold the designated dasher board ad spaces (18 total) and we are making provisions to offer more spaces. Administration is working on a Special Use Permit to allow for the rental of half the storage room space for the selling food, beverages, ice skating equipment and related services. The Director presented to the Kenaitze Indian Tribe Council conceptual drawings for Municipal Park upgrades. Although no official action was taken, the Board was receptive to the idea and open to the possibility of assisting in some capacity. Micah has been assisting the Street Department in keeping the Kenai Golf Course parking lot and cemetery plowed along with some sanding. The gate at the cemetery is locked and signage posted. Integrity Survey was unable to complete all their surveying and will resume in the spring. Monthly Report For December 17~ 2003 Keith Kornelis~ Public Works Manager Basin. View~ Toyon Way~ Schooner Circle~ & Pillars: These projects have been completed, and we h~ finally received the Department of Labor Clearance Forms so we can complete the local assessn districts. I have developed two LID timelines based on the KMC, "Petition To Start Project" and "After Project Completed to 1st Payment". We are compiling all of the costs to come up with the Final Assessment Role. Some of the utility relocation costs have not been billed. The city council will have to set a time and place for a Public Hearing and later pass a resolution confirming the Final Assessment Role. ..Kenai Coastal Trail' Council has received the Corps' last report. We plowed the road to the boat ramp so ADF&G could put their boat in for sampling in the river, but the river was frozen over. New Well House 4: We have completed drilling a 440-foot deep well and an 89-foot shallow exploratory well near Beaver Loop Road. It appears that it will be a good quality well with a few exceptions. The arsenic and manganese levels are high but treatable. I have been discussing treatment options with a couple of water treatment companies. The microscopic particulate analysis, MPA, looks good which means the water is not under the influence of surface water (very important). We are waiting on some final water tests, but it appears that the site will be viable site for a new source of drinking water. Streetli_qhts' HEA will no longer maintain the streetlights that are on steel poles for the city. Many of these lights were originally unmetered and the Regulatory Commission of Alaska tariff for unmetered lights includes maintenance while metered lights do not. HEA has installed meters. They will maintain the lights that they own on wooden poles. We are working with Kachemak Electric to take over this maintenance. We will need to appropriate more money to the street light repair account. 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. State Parks removed the concr~ pilings at the Pillars and hauled them to S. Spruce. The city unloaded them at S. Spruce as part of ou~ kind donation to this project. The project is to protect the wetlands next to South Spruce and encourage people to use the trail and stay off the wetlands. B0atin~ Facility Launch Ramp and Road Exit: We have received the $350,000 grant from the state for this project. The project will add two launch ramps and an exit road and parking area. Ordinance 2026- 2003 appropriates the funds for this project. Nelson and Associates can modify their existing design of this facility to include these new improvements. The restroom sewer drain field and landscape will need modifications. Brid~e Access Road W & S Feasibility Studv' Wince-CorthelI-Bryson, the engineering consultant, has completed this project. It is being paid for by an Alaska DEC and a Federal EDA grant. This project will be ready for construction when funds become available. Dip Net Fishery: The Kenai Harbor Commission is going to review our program at their next meeting. Risk Assessment Methodology for Water, RAM-W and Vulnerability Assessment~ VA' I have completed this very complicated water security report, which is a Federal mandate. I have to update the Emergency Response Plan, ERP. Streets: We have plowed snow on streets, airport, sidewalks, and parking lots, scraped the ice and snow packs, winged back streets, hauled gravel to Shamrock Circle, removed snow piles, helped put up Christmas lights, helped with Christmas Comes to Kenai, lubed equipment, filled the sand bins and public sand pile, and worked on signs. Water & Sewer & STP' We have repaired the heater at Well House 3, plowed snow on streets, airport, ar,,., water/sewer facilities, worked on communication failures at STP and Well 2, and thawed, pumped, and repaired fire hydrants. STP has worked on the SCADA system, the waste pumps, and the Stranco. Memo To=. Linda Snow, City Manager Fromm Chuck Kopp, Chief of Police ~ 12/11/2003 R,e~ November 2003 Report The Kenai Police Department responded to 537 calls for service. received one hundred ninety-four 9-1-1 calls for emergency assistance. The Communications Center 238 traffic enforcement contacts were made, resulting in 112 citations for traffic and alcohol violations. 50 arrests were made for misdemeanor and felony offenses (46 adult, 4 juvenile). The department responded to 28 motor vehicle crashes. 11/17/03: Chief Kopp gave the keynote address to the KCHS academic awards banquet 11/10 - 11/21/03: Officer Langseth attended Dare Officer Training school in Anchorage. He will instruct the DARE program at Kenai elementary and middle schools. 11/14/03 - 11/21/03: Sgt. Komfield served as an instructor/mentor at the Department of Public Safety Training Academy in Sitka. The State of Alaska pays all expenses of the guest instructors. 11/17/03: Sgt. Sandahl rotated from Patrol Supervisor to the Investigations Supervisor position. Sgt. McBdde rotated out of Investigations to supervise weekday patrol. 11/21/03: Lt Wannamaker gave a Career Day presentation on law enforcement jobs to Kenai Peninsula College students. 11/25/03: Kenai Police Department hosted a 3-hour defensive tactics class for area law enforcement agencies at the Kenai Central High School. Five Soldotna Police Department officers attended the training, as did all KPD Officers. 11/28/03: Electric Light Parade, bonfire, and Fireworks. 19 hours of OT was dedicated to publi~c safety for the parade. Several Officers were involved in ju~j trials, grand ju~j appearances, and other court hearings, which totaled nearly 26 hrs of OT in the courthouse. Call-outs for two death investigations and one sexual assault case attributed 22.5 hrs of OT. nal Municipal Airport Update of Airport Supplemental Planning Assessment: City Planner Marilyn Kebschull and I met with the FAA on November 20 to discuss possibilities for Airport Planning funding. It appears that the first phase, primarily gathering data, will be eligible under the current grant. Additional planning can be funded through a new grant. Ms. Kebschull and I are working on the RFP documents to encompass elements discussed at the Airport Commission/Council work session. FAA will review the RFP and make a final determination on grant eligibility. Marilyn and I believe we have a good understanding of FAA's requirements and will word the RFP appropriately to receive the highest level of funding. Airport Businesses: The following report appeared last month. Additional information is in this packet under New Business. Airport Manager met with representatives from Ron's Rental to discuss the proposed sub-lease to Fed-Ex. Re-modeling will start the first of next year. Also discussed were access issues from the taxiway to the lot. The aircraft access to the lot will require some work on the airport property between the taxiway and the lot line. The tenant is responsible for improvements to the lot. When a written request for sub-lease is received, the City Engineer will assist in developing a recommendation for review by Commission and Council. We anticipate a small construction project to provide access between the taxiway and lot while preserving the integrity of the drainage ditch. The cost to the airport will be limited to that portion of the improvements that are on airport property. The lessee expects to fund all improvements including fence relocation and additional gates that occur on the lease lot. Airport Security: Congress has approved the federalization of Kenai, Homer and Valdez airport. As of this writing TSA has not provided details of what this will mean to Kenai Airport. I am continuing communication with Era Aviation and the ISA as they negotiate the exact extent of screening. Winter Weather: Snow and freezing rain continues to affect our overtime budget. The airport crews with the help of Street, Water and Sewer and Treatment Plant personnel have done a commendable job of keeping the airport open and safe. If Council could limit snowfall in the City of Kenai to weekdays between 8 am and 5 pm, it would be a big help to our budget. Terminal Interior Decorations' With the assistance of the City Manager, an agreement has been reached with Roger and Linda Petrey, owners of Wings Family Diner to decorate the rental space in the Terminal. The Petrey's are allowing airport personnel access to the space and the airport is assuming costs of all improvements. The vinyl banner and all posters and signs will be removed and the interior of the windows covered with blue paper to hide the stored items. Bunny Swan will then decorate the windows and include an attractive sign advertising Wings Diner and its location in the Terminal. The total cost should be less than $500 not including employee time. Other Terminal Interior Issues: I also reviewed other signage in the Terminal. The large letters on the Alaska's Best Travel windows have been in place since the lease started. When viewed from the interior of the Terminal they are not as noticeable as they are from the outside ramp. I recommend that we incorporate stronger language into the lease documents concerning signage and appearance. I would also recommend committee approach to approval or disapproval of esthetics. It is problematic to have the Airport Manager solely responsible for those determinations and has the potential to cause unnecessary strife between the Airport Manager and tenants. By incorporating a committee approach, as is used in many subdivisions, you avoid the accusation that decisions are based on personal likes and dislikes or even personalities. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM:(~t~ DATE' RE Mayor Williams and the Kenai City Council Cary R. Graves, City Attomey December 12, 2003 AHFC Meeting and AS 47.07.032 Council Member Swamer asked me to provide a summary of the meeting with staff from the Alaska Housing Finance Corporation. The meeting was December 4, 2003 in the Borough Assembly Chambers. Present were Mary Jackson and Kurt Olson from Senator Wagoner's office. Council Members Porter and Swamer, the City Manager and I were also there. From AHFC were Daniel Fauske, CEO, Brian Butcher, Legislative Liason, and Paul Kapansky, Director of Mortgage Operations. Mayor Carey showed up during the meeting. The topic was the rural housing 1% loan differential. It turned out to be somewhat different that we had thought. AS 18.56.420 creates a revolving loan fund for "small community" housing loans. "Small community" is defined as a community of 6,500 or less that is not connected by road or rail to Anchorage or Fairbanks or 1,600 that is connected by road or rail to Anchorage or Fairbanks. AS 18.56.600(2). AS 18.56.470(a) states that the interest rate for those loans shall be 1% lower than the "most recent applicable issue of taxable bonds". The language in the statute is obscure, but what it means is that because the current rate may be different than the rate when the taxable bonds were issued the differential fluctuates from ¼% to 1%. It will never be more than 1% but it often is less. For example, AHFC's website indicates that today the rate for a rural housing loan is 5.125% and the taxable rate is 5.875%. So the differential today is .75%. There is still a differential, but it is not always 1%. They indicated the rural housing program is a revolving loan fund, there is not enough money in it to mn the program statewide unless the legislature gives them more money (which is unlikely). They also felt that it would be hard for the legislature to define all of the Kenai Peninsula as rural, thus qualifying for the differential, without creating legislative issues of why the Mat-Su communities of Wasilla and Palmer weren't given similar treatment. Mayor Williams asked me to summarize AS 47.07.032 (Inpatient Pyschiatric Services for Persons under 21 Years of Age). This is legislation passed in 2003 and became effective on October 8 of this year. It requires the state (Department of Health and Social Services), as a condition of state Medicaid funding, to evaluate whether inpatient psychiatric facilities are available in Alaska for persons under 21 years old. If so, the state is required to transfer patients from out-of-state facilities to in-state facilities, unless there is a medical reason not to do so. That bill is designed to force the state to bring youth who are receiving residential inpatient psychiatric medical treatment back to Alaska. Please let me know if you have any questions on either issue. Page 1 of 1 Carol Freas From: Sheryl Padilla Sent: Wednesday, December 17, 2003 4:28 PM To' Linda Snow Cc: Cary Graves; Carol Freas; Marilyn Kebschull; Larry Semmens Subject' Trouble with Website Just in case Council asks tonight, I thought I'd give you an update on a problem with the website. The bottom line is we haven't been able to update any pages since the middle of last week. That means the agenda for tonight and the minutes from the last meeting, among other things, are not on the website at this time. Last week when I went to update some pages on the website, the software wouldn't allow me to do it. I finally called Bobbi Manning, our webmaster, who came in to see if she could find the problem. She ended up calling tech support at ACS, who told her someone else had a similar problem and they were working on it, too. I believe that was last Wednesday. Bobbi has kept in touch with me, telling me what ACS is telling her--that they can't find the problem, although they do recognize that there is a problem. As of this afternoon, that is the situation. We are in a holding pattern right now, waiting for ACS to figure out what to do. I'll keep you posted. Sheryl 12/17/2003 INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 17, 2003 o , , , , , 11/03 Kenai Municipal Airport Monthly Passenger Enplanement Activity Report. 12/11 J. McMaster letter regarding presence of debris On Lot 1, McMaster Subdivision. Kenai Community Library post card comments. 2004 Gaming Permit Applications Pickle Hill Public Broadcasting · Kenai Elks Lodge #2425 2004 Pull-Tab Vendor Registration -- Pickle Hill Public Broadcasting 12 / 03 Soldoma Chamber of Commerce, Chamber Connection. MONTHLY PASSENGER ENPLANEMENT ACTIVITY 14,500 13,500 12 500 11 500 10,500 9,500 8,500 7,500 6,500 5,500 4,5OO 3,500 2,500 1,500 500 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec · r'!1999 ~ 7,862 6,994 8,901 6,862 7,354 9,091 11,934 10,882'8,301 8,267 81237 · r'12000 7,859 7,815 7,657 6,409 7,531 9,086 12,736 11,049 8,994 8,464 7,612 132001 8,300 7,137 8,216 7,058 8,143 9,044 12,093 10,807 6,334 7,582 7,345 E! 2002 7,829 7,046 7,371 6,902 6,880 6,740 9,979 8,644 6,684 6,309 6,023 13 2003 6,454 5,602 5,280 5,375 5,848 5,988 9,445 7,674 6,435 6,120 5,820 · . . . . 7,832 7,968 7,494 6,249 nai Municipal Airport 5 yr. Change Average Change from 1998- from 5 yr. Month 2003 2002 2002 2002 Average Jan 6,454 7,829 -~ 375 8,055 - '..~'0 ~'~ Feb 5,602 7,046 '~ ~.4 7 302 ~ -~'~' Mar 5,280 7,371 -2,09i 8,154 ~.~. ~7~; Apr 5,367 6,902 -- ' ":...~ ~,.; '~ 7,032 ' ~ ~ ~' May 5,848 6,880 - !.032 7,702 ~'.~4 Jun 5,988 6,740 -',~2 8,815 '. }27 Jul 9,445 9,979 -534 11,962 -i.J'i 7 Aug 7,674 8,644 -~70 10,432 - ~.¥'.~3 Sep 6,435 6,684 -~49 7,697 ' i~2 Oct 6,120 6,309 .- 189 7,701 ~'~.,;8! Nov 5,820 6,023 -203 7,407 .-~.587 Dec 6t249 7,457 IIIIIII Totals 70,033 86,656 ,0 ~74 99,716 ~. Jean McMaster P.O. Box 194 Kenai, AK 99611 December 10, 2003 Ms Nancy Carver Planning & Zoning Assistant City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 RE' Case #090308 (Your letter dated Oct. 31, 2003) Dear Ms Carver' My son, Lance Petersen, is writing this letter for me. I find it difficult to write myself because of my failed eyesight. I believe you are in error about the presence of debris on Lot 1, McMaster subdivision. However, you are correct about the debris on the lot next to it, which, as you probably know, I have owned for about a year and a half. That lot, which had been owned by my former husband, Carl Hailer, has indeed been a collection of debris for more than thirty years. When I purchased that lot, summer before last, from the State of Alaska, there were at least 20 derelict automobiles and trucks; the large building in the back was unusable because it was filled with trash. The State of Alaska had not done much except sell off the usable machinery, leaving the "debris." Since then, I have cleaned out the trash, removed most of the automobiles and trucks, and disposed of both a decomposing Quonset Hut and an old wooden building. In addition, I have disposed of hazardous waste, cleaned up old batteries, and much more. i say that "1" did this, but the truth is, that at 83 years, I had to arrange for other people to do it at my expense. My body, like my eyesight, just isn't up to what it used to be. As you also know, despite the war in Iraqi, scrap iron is not a very good commodity right now. I'm still trying to find a bulk buyer, but the prospects don't look any better than they have for the last thirty years. My ex-husband always claimed that iron would be worth a fortune someday. ! never did believe him. I can demonstrate that I have made progress at cleaning up the property since I purchased it. I plan to continue doing so, but it won't happen overnight. After all, it took more than thirty years to get in such a mess. Does the City of Kenai want to buy a bunch of really solid debris (scrap iron)? Sincerely, Jean McMaster cc' Mayor John Williams CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ December 1.v, ~'~003 Jean McMaster P.O. Box 194 Kenai, AK 99611 Case #090308 - 104 Hailer Street (Lot 1, McMaster Subdivision) and 12528 Kenai Spur Highway (West 125' of East 200' of Govt. Lot 140) Dear Ms. McMaster: Thank you for your response to our code violation letter dated October 31, 2003. When complaints are received that appear to be a violation of the Municipal Code, we are required to contact the property owners. It is the goal of the City to work with property owners to mitigate violations. In the letter you noted your recent efforts to clean the debris from the site. The City appreciates your continued work on this issue to resolve this matter. i , SingerelY, / :~ii /. :'..', .:.i ' ,' ," , ,. --..~wanc y ca~er.,i · Planning & Zo~ng Assistant Enclosure CC' City Attomey Mayor John Williams 't Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811-0420 Telephone 907.465.2320 State of Alaska 2004 Gaming Permit Application AS 05.15.020 This form is also available on the Intemet at www.tax.s~ate, aicus/programs/gaming/ ORGANIZATION INFORMATION iFederalEIN~.,"'O i00 ? i7 Org,~Z~, tion Name . Mailing Address o,. II TYPE OF ORGANIZATION (check one box. For definition see AS 05.15.690) Rshing Derby Fraternal Labor Municipality Charitable Civic or Service Dog Mushers Educational ~[Non prOfit Trade Association Outboard Motor Association Police or Fire Department Political Permit Number , !Telephone Number ; F~ Nu~er qO7- [E-~I ~r~.. Religious Veterans IRA/Native Village , , ORGANIZED AS , , [ ~/Corporation . ~] Partnershi? ~1 Association . PERSONS. IN CHARGE OF GAMES. Persons must be actNe mombers of the organiTation, or an emp~yee of ~e municipally, an0 ~ignated by · e org~i~aon. Me~m ~y not be Ii~e~ ~ ~ operator, vendor, or employee of a venaor. Pr~ Me~r First ~me ~a~ Member L~t Na~ j~t~ate Me~er Fimt Name jA~nate Mem~r Last N~ Soc~ Secu~ Number j Da~me Telephone Number Soci~ Se~ri~ Number l Daytim Telephone Number IMaiimg A~dr~s ' , IMailing Ad~r~ ..... Ic~, / , ]Sate ~ , I i~pco e _ '" , r ,e c .. IH~ ~e pri~ mm~r ~en and p~ ~e t~ ~ Y~ ~ No [H~ ~e atemate ~m~r mRen ~d p~ea me t~t. ~ Y~ ~ No ~Perm, nu~r un~er which ~e t~t w~ ~ken. / ~ I '~ ~Permit num~r under whi~ ~e t~t w~ ~en. ~ I ~ MANAGER OF G~ES -~ ~efined in 15 ~C 160.995 an~ 15 ~C 160.365 IM~ager N~ Soci~ Securi~ Numar Day, me Telephone NumUer , ,,, ,, , THESE QUESTIONS MUST BE ANSWERED. (see instructions) ~ Yes '~ No Has any .member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a cdme involving theft or dishonesty or a violation of gambling laws? [~ Yes "-~No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest as defined by 15 AAC 160.954.95!~. We declare under penalty of unewom falsi~cation, that we have examined this application, including any attachments, and that to the best of our knowledge and belief, it Js true and complete. We understand that any false statement made on this app#cation or any attachments is punishable by law. Primary_Mem~r Signature ~ . J Printed Name Presi~en, or~V~ Pmsi~ $ignaturepee instm?tio~)~~) Mailing'A~'drI!~ of I:~l~~t Or / Date Date Daylinm Telephone J , !-'1 $o - $2o,ooo = $2o.oo Form 04-826 (Rev 09/03) ! $20,001 - $100,o00 = $5o.00 i'--I $100,001 of More $100.00 , , IIIIIIIIIIIIIIII Page 1 - See ~ ~.~ ~~~ A ~ of ~is applbalbn must be sent ~o all apgt~ munidpallles and boreugtm 2004 Gaming Permit Application IOrganization Name _ Game Type: cnec~ each game type, (use for completing in~ormation~/below.) ,, ,J~ Bingo E~ Deep Freeze Classic E~Rafftes L~ Dog Musher's Contest ~PulI-Tat)s L~ Dog Mushers Sweepstakes L.~contest of Skill L.J Fish Derbies I lC, armed Salmon Classic ACTIVlTES CONDUCTED BY ORGANIZATION Facility Name " Physical Aclclress 1 IFedera EIN Goose Classics ice Classics King Salmon Classics Mercuq/Classics Race Classics Rain Classics Salmon Classics Snow Machine Classics Spe~ Draw Raffle , Game Type(s) }s Facility Leesecl Donated Leased Donated Owned I~l Donate(~ ~ Leasecl [~1 Donated Qown~ Leased Donated , ACTIVITIES CONDUCTED BY VENDOR (pull-tabs are the only games a venclor can concluct) Veno~r registration and fee must be attached. IName of VenOor Physical Acl~m~ Ven~lor Numl:~r ! I ACTIVITIES CONDUCTED BY OPERATOR Name of Operator Physical Adclress Game Type(s) Operator's License ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE rNarne of MBP Physical Adclresa Game Type(s) MBP Number x Z'.4 ' ' DEDIC ON OF NET PROCEEDS. The organization must plan to uae the net proceeds from gaming activities for'political, ed~mal, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organizaticn intends to use the net procee~ from {:lamim activities. {Be specific}, , Form 04-826 (Rev 09/03) Page 2 ' Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811-0420 Telephone 907.465.2320 State of Alaska 2004 Gaming Permit Application AS 05.15.020 ORGANIZATION INFORMATION Organization Name Mailing Address This form is also available on ne Intemet at: www.~ax.state.al<.us/programs/gaming/ Permit Number/~ ~_ Telepl~one Number . F~ Number E-mail Address TYPE OF ORGANIZATION (check one box. For definition see AS 05.15.690) PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Members may not be licensed as an operator, vendor, or employee of a vendor. Social Security number _ IDaytime T~ D~A'//~"/'~ /~/~J:)~ ~)A,J ..~2 ._ ' ' .~' ' . ! Mai~g Address IHes the prirna~ member taken and passed the test? 1~ Yes {~1 No Permit number under which the test was taken. ~ MANAGER OF GAMES -As defined in 15 AAC 160.995 and 15 AAC 160.365 Mailing Address Mailing Address Has the alternate member taken and passed lhe test? ~' Yes I~ No Permit number under which the test was taken.~_/~;~,~. Social Security Number Daytime Telephone Number City State Zip Code THESE QUESTIONS.MUST BE ANSWERED. (see instructions) I~1 yes /~ No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? Yes /~ No Does any member of managemenl or any person who is responsible for gaming activilies have a prohibited financial interest as defined by 15 AAC 160.954 - 959. We dedare under penalty of unswom falsi&~ation, that we have examined this applieation, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any falM statement made on this application or any attachments is punishable by law. nature or ~ President Signature (s, ) Printed Name Date . I 'Z- - V q- Printed Name Date of President or Vi, Daytime ~mpnn~'e'--'-o-e ' . m?mmmmmmmmmmmmmm ge I See Instmclmons ~r mndalnm =. h ~ 2004 Gaming Permit Application lOrganization Name Game Type: check each game type, (use for completing information below. ) Raffles L..-J Dog Musher's Contest Puli-Tabs L.-I Dog Mushers Sweepstakes Contest of Skill L..] Fish Derbies Canned Salmon Classic ACTIVITES CONDUCTED BY ORGANIZATION Facility Name ' Physical Address ,, j , Federal EIN ,, Goose Classics Ice Classic~ King Salmon Classics Mercury Classics ,, Game Type(s) IPermit Numl~r /4,2.- Race Classics Rain Classics Salmon Classics Snow Machine Classics Special Draw Raffle ~' Owned {~1 Leased {~1 Donated I~ Owned [~1 Leased {~1 Donated Q owned [~1 Leased I~i Donated I~1 Owned {~ Leased I~ Donated Q Owned I~1 Leased I~1 Donated I~1 Owned I~1 Leased I~1 Donated Is Facility ACTIVrFIES CONDUCTED BY VENDOR (pull-tabs are the only games a vendor can conduct) Vendor registration and fee must be attached. Name of vendor Physical Address" ' Vendor Number ACTIVITIES CONDUCTED BY OPERATOR iName of Operator Physical Addres~ ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE ,N[ai~'e Of M~~ ,, P .hYsical Ad(Jr. Game Type(s) Operator's License G~me ~ype(s) MBP Number DEDICATION OF NET PROCEEDS. ~he organization must plan to use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization intends to use the net proceeds, from .q ,~n~, activities. (Be specific) .... , , . , , Form 04-826 (Rev 09/03) Page 2 E)eparallent of Revenue State of Alaska Tax Division ~o ~ox ~04~0 2004 Pull-Tab Vendor Registration Juneau, Alaska 99811-0420 AS 05.15.060 Telephone 907.465.2.320 A registration is re.ouired for each venctor location. A perrnittee may not contract with more than 5 vendors. This form is also available on the Interne1: at www.t=x.s'caCe.ak, us/prograrns/gaming/ ORGANIZATION INFORMATION ?.2 ~izaiion Name IOrg~nization Telephone NumDer VENDOR INFORMATION MFeOera EIN or So=al Sec~ay NurnDer' IBeverage Dispensary Ucense # Bu~in~ l..imn~ Num~:~r bept~one Numt:~r 7- 2L2- 70 iPac=<age Store License 1-~ ~A '" Physical Location Aclclress , "If your business 13as not been issuect a teaeral"~/N, you are rec3uirecl to Drovicle your Social SecuriW Number. THESE QUESTIONS MUST BE ANSWERED BY THE VENDOR. (If you answer yes to either 0uestion, please suDmJt the person's name, cate of birth, sociaJ security number, an0 position of responsibility.) - ~.J Yes No Has any member of management or any. Demon wno is resDonsiDle for gaming amivities ever Deen convic~ecl of a felony, extortion, or a vimation of a law or or0inance of.' this state or anomer junsclicfion that is a crime involving theft or aisnonesW or a violation of gamDiing laws? ;.J Yes. o Do you employ a memDer or cfficer of the acx:)ve organization? VENDOR CONTRACT TO SELL PULL-TABS Pursuant to the provisions of AS 05.15.188, the vendor listed above hereby agrees to sell pull-tabs as a vendor on behalf of the permittee listed apove. The vendor further agrees that, as compensation for expenses incurred in selling pull-tabs on behalf of the permittee, "~ O % of the ideal net of each game may be retained by the vendor as compensation. Permittee must receive at least 70% of the ideal net from each game. AS 05.1SS(h) The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, shall be paid by check by the vendor to the permittee upon delivery of a pull-tab series. AS 05.15.188(i) It is further agreed that the vendor will ensure pull-tab winners of $50 or more will complete the prize receipt forms: that the prize winner summary form will be completed for each pull-tab game and retained with those winning pull-tabs (AS 05.15.187(i)); and that these records of pull-tab winners will be given to the permittee to retain for the required two years. AS 05.15.187(f) It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. ' ..' It iS"further agreed that, if the vendor is no longer eligible to sell puli-tabs, then all unopened and opened pull-tab games shall be returned to the permittee within 10 days. If the permittee loses the pnviiege to conduct gaming activities, then ali unopened and opened pull-tab games must be treated in accordance with 15 AAC 160.490 We c~ectare urx~er penalty of unswom falsification ~at we trove examine~ this form, including artacl~rnergs, and that to the best of our knowteclge argt belief it is true and cornt31eta. We understand that any false ~taternent ma~ie on this ctocument or attachments is punishable by law. Jsignaur, o~ v~r~or lx - -- X $50 Make checks payable to the State of Alaska Il=tinted Name Pdntecl Name 'PMD: Form 04-854 (Rev 08/03) Date _ Date - ,, Two copies of this registration must be sent to all applicable munictpallflea and .b;orougha. .. Department of Revenue State of Alaska Tax Division ~o ~ox ~o~o 2004 Pull-Tab Vendor Registration Juneau, Alaska 99811-0420 AS 05.15.060 Telephone 907.465.2320 A registration is required for each vendor location. A permittee may not contract with more than 5 vendors. This form is also available on ~e Internet a~: wwwJ:ax.sta~e.ak, us/programs/gaming/ ORGANIZATION INFORMATION iFecle'ral EIN(~ IPermit Organization Name. IOrganization Telephone Number __ _ bhain3e First Name IMerrm~er in Charge Telephone Number ' Merlin I Mem/l~er in charg~e Last Name/t -- VENDOR INFORMATION EIN or Social Security Numbe Business License Number Paol<age Store Ucense # Number Fax NurrC)er Location ,z ¢ ' K *If your business ~as not been issued a feaeral EIN, yob are required to provide your Social Security Number. THESE QUESTIONS MUST BE ANSWERED BY THE VENDOR. (If you answer yes to either question, please suDmit the person's name, cate ol birth, sc~aJ security numDer, and position of responsibility.) [~ Yes ~ No Has any member of management or any person who is resl:)onsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another iuriscliction that is a crime involving theft or dishonesty or a violation of gambling laws? Yes ~'No Do you employ a member or officer of the aDove organization? VENDOR CONTRACT TO SELL PULL-TABS Pursuant to the provisions of AS 05.15.188, the vendor listed above hereby agrees to sell puli-tabs as a vendor on behalf of the perrnittee listed above. The vendor further agrees that, as compensation for expenses incurred in selling pull-tabs on behalf of the permit'tee, 3 ~ % of the ideal net of each game may be retained by the vendor as compensation. Permit'tee must receive at least 70% of the ideal net from each game. AS 05. lBS(h) The vendor further agrees that an amount equal to the ideal net, less the compensation owed to the vendor, sha!! be paid by check by the vendor to the permittee upon delivery of a pull-tab series. AS 05.15.188(i) It is further agreed that the vendor will ensure pull-tab winners of $50 or more will complete the prize receipt forms; that the prize winner summary form will be completed for each pull-tab game and retained with those winning puli-tabs (AS 05.15.187(i)); and that these records of pull-tab winners will be given to the permittee to retain for the required two years. AS 05.15.187(f) It is further agreed that it is the vendor's responsibility to ensure gaming activity at this vendor location is conducted in accordance with all applicable state statutes and regulations. ' . Itis'¥urther agreed that, if the vendor is no longer eligible to sell pull-tabs, then ali unopened and opened pull-tab games shall be returned to the permittee within 10 days. If the permittee loses the privilege to conduct gaming activities, then all unopened and opened pull-tab games must be treated in accordance with 15 AAC 160.490 We declare un(Yer penalty of unswom falsification that we 13ave examined this form, including attachments, and that to the best of our knowledge and belief it is true and coml~iete. We understand that any false statement rnaOe on this document or attachments is/~unishable by law. Signature of Vendor Printed Name Pfinte¢l Name / Registration Fee PMD: $50 Make checks payable to the State of Alaska . Form 04-854 (Rev 08K)3) Two copies of this registration must be sent to all applicable municipalities and .boroughs. .. I::)ecern b, Volume 16 ..... Visit us at' www.5oldotnaCharnbe~.corn Email us at' info~5oidotnaChambe~.com MARK YOUR CALENDAR $oidotna Christmas )~ee Lighting ........................ .:-~r eat land ers FREE Christmas Concert ............... l~cf/ Check out the !t in this newsletter/ Christmas Concert · Peninsula Processing & Smokehouse · Soldotna Christmas ~ree Lighting Thursday, December 11, 6:00 p.m. at Parker Park The Soldotna Chamber of Commerce is holding their 3~ Annual Christmas Tree Lighting and Fun Night. The fun be- gins December 11, 2003 from 6-7:30 pm at Parker Park and the Soldotna Senior Center located on West Park Avenue. (Near the Soidotna Post Office) Santa and Mrs. Claus will be arriving by Fire Engine to ComemeettheCJauses! greet area ohiidren and listen to their Christmas wish lists. FREE sleigh rides will be available for all who attend, and the Kenai Carolers will be there singing Christmas songs. Mayor Carey will be on hand to act as master of cer- emonies. Refreshments will be provided, including cookies, punch, hot chocolate and coffee. Skyview High students are head- ing up a decorating committee of area elementary school children. The kids have been hard at work making ornaments to decorate the park and other ;ity buildings with festive and patriotic decorations. Please plan o1~ attending this fun community event. The more the Merrier! For more info call Shanon at 26;.)-9814. Light Up The Holidays It's time for the given in commercial and resi- Soldotna Chamber's An- dential categories. Homer nuai Christmas lights Electric Association is provid- competition! Christmas lng the following prizes foreach lights are a great way to winner: 1st place commercial, promote community spirit $100 energy credit; 2nd & 3rd through the long dark win- place commercial, $50 energy ter months. If you or some- credit. 1st place residential, one you know has a won- $50 energy credit; 2nd & 3rd derful light display and place residential, $25 energy would like to be considered credit. Deadline for nomina- for an award, call or fax in a tions is December 9, 2003 by nomination to the chamber of- 5 pm. Winners will be an- rice. Nominations should in- nounced Mid-December. For clude a name and address, more information, call Shanon First through third at the chamber office at 262- place prizes will be 9814. Board of Directors President 3arbara Elson Wells Fargo ,:'62-4435 President Elect Tim ?oDe >qatron 262-84z0 Vice President 3ena Cunningharn McLBonalds 2.62-2221 Secretary/Treasurer ~vlike Frost 's~ 'qa~onal Rank '50-6023 "an Mortenson .::;ur 2 Carpet One 262-9181 =aul Gray Exploring Alaska w/Paul G:ay 262-9008 Norm Blakeley Alaska Trading and Loan 262-6100 Samm. ie Cole Soul,central Title Agency 262-4494 -heresa :3Ditch :', CS Wireless 260-8657 Jim Golden .:-Xlas.~a Sports Oen 252-7491 Kur~ !ndividuai 260-4822 Jim Stogsdill City Council Seat 262-5622 Ken Lancaster Lancaster Enterprises ....~62.4591 Soldotna Chamber of Commerce Phone 262.9814 Fax 262.3566 Executive Director Michelle Glaves Visitor Center Coordinator Shanon Hamrick Member Service Manager Cdca Williamson Bookkeeper Nita Fena River City Pull Tabs 260.6100 Rebecca Hanson Sarah Shearer SOLDOTNA a r/v,,e,r e/tv jamie Gossman, a Senior at Skyview High School Heather Sinclair, a Sophomore at Soidotna High School Taryn Bossert and Seth Dimick. gth graders ar Soidotna Middle School The Soldotna Chamoer of Commerce presented these exceptional young people with a certificate and mea a[ ~he November ! 8 Chamber luncheon. We would like to [hank Bob Sizemore ~or sponsoring ~he Soldotna Cham- ber of Commerce Student of the Month Program. FREE HOLIDAY CONCERT ::~ .,.. !~~. Wednesday, Dec. 17th, 7:00 p.m. :~~ Renal Central High School Auditorium BRING THE WHOLE FAMILYI lite Untted btates Air Force Band of the Pacific, "The G/'eaflanders" will be coming to the Kenai Central High School Au- ditorium on Wednesday. Decem- ber 17 at .-7, :00 p.m. tbr a FREE fam- ily Christmas Concert that will knock your socks offi Entertainment is the mission of The Greatlanders, the U.S. Air Force Band of the Pacific's 14-piece <ho,,v band. These versatile pro- !bssional musicians project a posi- tive and pow- zrt'ul Airi ................... Force image ;vith world- class music. s emble p lava that appeal to almost everyone. Their energetic concerts include Top 40 hits, Classic Rock, Funk, and Contemporary or Big Band Jazz. The Greatlanders thrill mill- t'm7 and civilian audiences alike. pertbrrning over tO0 programs a year to more than 150,000 people. The Greatlanders present concerts and conduct clinics tbr civic and school audiences throughout Alaska, Hawaii. the Yukon and British Columbia. Canada. The group has also been ['eatured with a host of community musical organizations, and has par- ticipated in ideal, state and inter- national festival celebrations, in- cluding the University of Alaska Fairbanks Jazz Festival. the Juneau and Sitka Jazz Fes- tivals, the An- chorage Winter Cities international Music Festival and many more. Mark your calendar and bring the whole family to this FREE world class concert! ornet;qi:lqg Differ . Spe.'t · Breakfast with Santa December fith · New Years Eve Gala December 31s! Valentine Couples Special February 14th · Mardi Gras Fat Tuesday February 24 · . .: t..~?:.;'O',,' ;!;' By Reservation Only: 260-9328 '2' QUOTE OF THE MONTH. Man invented language to satisfy his deep need +o complain. Lily Tot Here are our New Members for the month of NOVEMBER: Alaska Cabins Kasilof Lucy Hotchkiss PO Box 451, Kastiof (907) 262-2187 Accommodations - Cabins Crosshairs of Alaska Guide Service Mike Cowan 35555 Kenai Spur Hwy., Solcoma (907) 260-1929 Hunting Guides Peninsula Christian Center Jim & Renee Duncan :~O Box 646, Soldotna ,907, 262-7416 ,.,hutches Peninsula Grace Brethren Church '~astor Dan Thornton 44175 K-Beach Rd., Soldotna Churches Special Welcome our NEW bet, 8 qi]TtlE q ; "~ ','~~'~0~t LOCAL ROASTER ,, Kaladi Customer Christmas Party Come o~e, come ~11 to the Kaladi Brother's Customer Christmas °arty! This fun event is Kaladi Brother's annual "Thank You" to their loyal cus- tomers. The party begins Sat- urday, December 13 from 6:00 through 9:00 with live music by Nancy Anderson, FREE Food, Games & Prizes! In addition to the normal festivities, Kaladi Brother's is also holding a food drive the entire day of the party. You will receive .50 cents off your order for each canned item you bring in up to the cost of your drink! You will also receive additional d ~, prize tickets durin /~'!*'¢~ )~ party for each item., · '.~:.7,. ~\ bring in Mark your I (.' .i:.~Ji,~\~: ' :~,(~5:-;:5'.-~7'~ calender, you don't want to miss it! THE 12 SHOPS OF CHRISTMAS This exciting new program was designed increase hoti- .,...d.~y traffic for our chamber members during this impor- t ,"eraii season. To be eligible for a $100 weekly .~aw~ng at chamber luncheon, customers need to tai,,e a specially designed card to the 12 par- ticipating businesses for the merchant puncl~. When the card is complete they fill out their name. address and phone number and leave it in the entry box at the last business they visit, to be collected on Monday evening each weei,,. The punch card program will be promoted through regu- lar newspa~)er and radic advertising. The program started Fdday, November 21st and will have 4 weekly 7 $100 w~nners, running through December 23~°. We would like to thank the following participating businesses- Alaskan Gift & Gallery · Arby's, Donna's Country and Victorian Gifts' Four-D Carpet One .., · Frames & Things · Gourmet Gardens' Great Bear Ford ° Inner Peace Outer Beauty ° Kenai Peninsula Harley Davidson · Peninsula Beauty Supply" Tammy's Flower Factory Visit these businesses .for your chance to win $100! , The Early Reindeer Retirement Package The recent announcement that Santa's helpers and taken out of als as well as a mix ofT-Bills and mittee to suggest replacing this Donner and Blitzen have elected to cake the early reindeer retirement package has triggered a good deal ,)f concern about whether they ,.,rill be replaced, and about other restruc- turing decisions at the North Pole. Streamlining ;vas appropriate in view of the reaiiw that the North Pole ., p-- 'onger dominates the season's stribution business. Home ~.. _~..p~ng channels and mail order catalogues have diminished Santa's market share and they could not sit context at a time of year when he is known to be under executive stress. ,-ks a ~:urther restructuring, today's global ctmilenges require the North Poic:(, :ontinue to look got better, more competitive steps. Effective immediately, the tbllow- lng economy measures are to take place 'n the "Twelve Days. toe Christmas" <ubsidiary' ~ The partridge will be retained, but the pear tree never turned out idly by and permit further erosion or' to be the cash crop tbrecasted. It ; the profit picture. The reindeer downsizing was made possible through the purchase of a late model Japanese sled f:br the CEO's annual trip. lmt~roved produc- :iVity fi'om Dasher and Dane er. who summered at the Harvard Business School. is anticipated and should take up the slack with no discernible loss of service. Reduction in reindeer will also lessen airborne environmen- tal emissions for which the North Pole has been cited and received un- favorable press. I am pleased to inform you and yours that Rudolph's role will not be disturbed. Tradition still counts tbr something at the North Pole. Man- agement denies, in the strongest po~4ble language, the earlier leak ~dolph' s nose got that way not ~. ~he cold, but from substance abuse. Calling Rudolph "a lush who was into the sauce and never did pull his share of the load" was an unfor- will be replaced by a plastic hang- ine plant, providing considerable savings in maintenance. ~ The two turtle doves represent a redundancy that is simply not cost eftbctive, in addition. ~eir ro- mance durino workine hours could not be condoned. The po- sitions are therefore eliminated. fi- The ttu'ee French hens will re- main intact. A£ter all. everyone loves the French. ,a, The four calling birds xvere re- placed by an automated voice mail system, with a call waiting option. An analysis is underway to de- termine who the birds have been calling, how often and how long they talked. fi, The five golden rings have been put on hold by the Board of Directors. Maintaining a pont'o- lio based on one commodity could have negative implications for institutional investors. Diver- tunate comment, made by one of sification into other precious met- high technology stocks appear to group with ten out-of-work con- be in order, gressmen. While leaping ability ,:-, The six geese-a-laying constt- may be somewhat sacrificed. rotes a luxuo' which can no longer savings are significant because be afforded. It has long been ~'clt we expect an oversupply of fi-mt the production rate of one z'-_,,.zemployed congressmen this year. per goose per day is an example,,; ?' ~"~ Eleven pipers piping and t~velvc the decline m productivits,. Tin-er; drummers drumming is a simple geese will be let go, and an upgrad- case of the band getting too big. lng in the selection procedure by ,-',, substitution with a string quar- personnei '.rill assure management ret. a cutback on new music and that /'rom now on every goose it no uniforms will produce savings gets will be a good one. which will drop right down to the & The seven swans-a-swimming bottomline. is obviously a number chosen in ~ We can expect a substantial better times. The functionis prima- reduction in assorted people. rily decorative. Mechanical s ;vans tbwl, animals and other expenses. are on order. The current swan3 will 'Though incomplete, studies indi- be retrained ~o learn some new ~:ate that stretching deliveries o ver strokes and therel:bre enhance their ~7,velve days is inefficient. If we can ,.outplacement. drop ship in one day, service lev- · ~ As you know, the eight maids- els will be improved. a-milking concept has been under Ik Regarding the lawsuit filed by heavy scrutiny by the EEOC. A the attorney's association seeking male/female balance in the expansion to include the legal pro- workforce is being sought. The [ession ("thirteen lawyers-a-su- more militant maids consider this a ing"), action is pending. dead-end job with no upward mo- ;k Lastly, it is not beyond consid- bility. Automation of the process eration that deeper cuts maybe may permitthemaidstotl-ya-mend- necessary in the future to stay lng, a-mentoring or a-mulching, competitive. Should that happen. ii Nine ladies dancing has always the Board will request manage- been an odd number. This mnction ment to scrutinize the Snow White will be phased out as these indi- Division to see if seven dwarfs is viduals grow older and can no the rightnumber. L e ts longer do the steps, not let this trend reach our thir c~w. & Ten Lords-a-leapingis overkill. In the spirit of the season lets The high cost of Lords plus the think of our community and expense of international air travel SHOP LOCAL TODAY. prompted the Compensation Com- Adapted from The Write Team "3" Soldotna Chamber of tom 44790 Sterling Hwy. $oldotna, AK 99669 "':?' RECEJVE,:~ KENAI CITY C~ u~ty ot Kena~ Mayor John Williams 210 Fidalgo Ave. Kenai, AK 99611 AS "To provide enhanced success of our membership ond serve as a driver in developing 5oldotna's future." The 5oldotna Chambe~ Connection is a monthly publication of the 5oldotna Cham- be~ of Comme~ce. This publication is sent to members and associated o~ganizations. There are many ways to submit story ideas Call Us! :liar Us! Fax Usl Email Usl (or stories themselves): 262-9814 44790 Sterling Hwy. Soldotna, AK 99669 262-3566 info@,soldotnachamber, com REACH AN--AUDIENCE. RIGHT IN YOUR OWN BACKYARD .. Nd'rede.in' your' c m[er Ne sfe r! RMES: BusineSs Card Size: ................. ' .-. .... $20 Full Page(Insert Only)-One a year is FREE ........... P- '~ All rates are tbr one camera-ready advertisement for' one issue of the C t' 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 tbr more information! r-- MAKE 2§ PACKETS COUNC3:L PACKET DTSTI~BU~ON COUNC:[L MEE'I"J:N~ bATE: I Clerk Police De Senior Center Fire De V:ESTA Finance Pa~ks & Recreation $chmiclt Public Works rineer Kim Clarion Mellish 'e~/Kebschull A6ENDA D:ESTR~BUTJ:ON 5ewer Treatment Plant Buildi Maintenance Water/$ewe~ Streets Dock Animal Control Counter DELIVER Council Packets to Police Department Dispatch desk. The Clarion, Mellish & $chmidt°s Office will pick their packet up in my office. 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/minutes/egenda form for paper) is emailed to Denise at ?¢n/nsu/a (/a~/on (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and ~E hold them in my HTML file. Place them onto the city's website with Front Page from there as soon as possible before leaving the office for the weekend.