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HomeMy WebLinkAbout2003-08-20 Council PacketKenai City Council Meeting Packet August 20, 2003 AGENDA KENAI CITY COUNCIL- REGULAR MEETING AUGUST 20, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ http://www.ci.kenai.ak.u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) . Brandi O'Reagan, Tobacco Control .~]~nce -- Advertising of City Smoking Ordinance. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND_ COUNCH. S ITEM D: PUBLIC HEARINGS . Ordinance No. 2009-2003 (First Public Heating) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. , Ordinance No. 2010-2003 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Terminal Enterprise Fund to Replace Boilers. , Ordinance No. 2011-2003 -- Increasing Estimated Revenues and Appropriations by $6,000 in the Airport Terminal Enterprise Fund for Handicap Lift Modifications. , Resolution No. 2003-41 -- Awarding a Contract to United Fire Service, Inc. for a Ford F-450 Ambulance for the Total Amount of $126,590. . Resolution No. 2003-42 -- Authorizing an Application and Acceptance of a Federal Grant for the City of Kenai Planning Department to Attend Section 106 Training. . o ITEM E: . 2. 3. 4. 5. 6. 7. ITEM F: . ITEM G: ITEM H: o ITEM I: o . . , Resolution No. 2003-43 -- Awarding the Bid to Preferred Plumbing Heating for KenaJ Airport Boiler Replacement and Heating System Upgrade - 2003 for the Total Amount of $30,850. *NEW LIi~UOR LICENSE a. Morgan Family Limited Partnership, d/b/a Kenai Golf Course/Golf Course License-- Seasonal. b. Morgan Family Limited Partnership, d/b/a Kena/Golf Course Restaurant Designation Permit COMMISSION[COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games MINUTF~ *Regular Meeting of August 6, 2003. CORRESPONDENCE OLD BUSINGS Discussion -- Kenai Peninsula Borough/Kenai River Protection Area Ordinance-- 50 Foot Setback. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better Describe and Clarify the Meaning of "Contractual Services of a Professional Nature." *Ordinance No. 2013-2003 -- Increasing Estimated Revenues and Appropriations by $1,056,207 for Airport Grants. , Discussion -- Kenai Watershed Forum/Request for Resolution of Support for Water Quality Monitoring of the Kenai River Watershed. . ITEM J: , Approval-- Renewal/Revision of Special Use Permit-- Yukon Fuel REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- Evaluation of City Manager. ITEM M: ADJOURNMENT MAYOR'S REPORT AUGUST 20, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REQUESTED BY: NO CHANGES. · CONSENT AGENDA NO CHANGES. MAYOR'S REPORT Z 0 I ii 0 I ! ! I I I I I I I I I I I I I , Suggested by: Planning & Zoning Commiss .... CITY OF KENAI ORDINANCE NO. 2009-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALAS~, APPROVING AND ADOPTING THE COMPREHENSI~ PLAN FOR THE CITY OF KENAI AND RECOMMENDING ADOPTION BY THE KENAI PENINSULA BOROUGH. WHEREAS, the Kenai Peninsula Borough, as a second-class borough, shall provide for planning on an area-wide basis in accordance with AS 29.40; and, WHEREAS, the City of Kenai, as a home-rule city inside a second-class borough, has updated their Comprehensive Plan; and, WHEREAS, Planning Staff and the Kenai Planning and Zoning Commission held numerous public meetings and have received comments and input regarding the updating of the Comprehensive Plan; and, WHEREAS, the Kenai Planning and Zoning Commission on June 25, 2003 reviewed the final draft of the Kenai Comprehensive Plan, made additions and corrections, and recommends to the Kenai City Council approval of the Comprehensive Plan as amended; and, WHEREAS, the Kenai City Council on August 20, 2003, reviewed the final draft of the Kenai Comprehensive Plan and recommended approval of the Plan to the Kenai Peninsula Borough. NOW, THEREFORE, BE IT RESOLVED by the Kenai City Council that: Section 1 - The Final Draft of the Kenai Comprehensive Plan as amended, prepared by Kevin Waring Associates, Benson Planning Associates, and Bechtol Planning And Development, is hereby approved and adopted as the Comprehensive Plan of the City of Kenai. Section 2 - This Plan is hereby recommended to the Kenai Peninsula Borough for adoption as the official Borough Comprehensive Plan within the City of Kenai planning area of the Borough. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August 2003. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR Introduced: Adopted: Effecuve: August 6, 2003 August 20, 2003 September 20, 2003 MEMORANDUM TO- FROM' DATE: RE* Mayor and Council Members Carol L. Freas, City~. -// -- August 14, 2003 (/ CO UNCIL MEE TING DA TE$ It is my understanding there is interest in postponing final action on Ordinance No. 2009-2003 until November and several additional public hearings are desired. Following are the meeting dates for September, October and November council meetings to assist you in determining the dates for the additional public hearings and final action' September 3 September 17 October 1 October 15 November 5 November 19 It will be helpful to word your motion to include the dates of the additional public hearings and to POSTPONE final action until the last public hearing date you choose. clf Suggested by: Administratic City of Kenai ORDINANCE NO. 2010-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $35,000 IN THE AIRPORT TERMINAL ENTERPRISE FUND TO REPLACE BOILERS. WHEREAS the main boiler for the Airport Terminal has developed a leak; and, WHEREAS, the boiler should be replaced due to the age and condition of the boiler; and, WHEREAS, a two boiler system is planned to provide redundancy and capacity to heat exterior sidewalk areas; and, WHEREAS, funds are available in the retained earning account of the Airport Terminal Enterprise fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Terminal Enterprise Fund Increase Estimated Revenues: Appropriation of Fund Balance $35:000 Increase Appropriations: Machinery and Equipment $35:000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20t~ day of August, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (07/30/2003) hl Introduced: Adopted: Effective: August 6, 2003 August 20, 2003 August 20, 2003 Suggested by: Administratiot City of Kenai ORDINANCE NO. 2011-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,000 IN THE AIRPORT TERMINAL ENTERPRISE FUND FOR HANDICAP LIFT MODIFICATIONS. WHEREAS, it is in the best interest of the City of Kenai to make certain modifications to the handicap lift used for passenger access; and~ WHEREAS, the FAA has agreed to include these modifications in the grant application in progress; and, WHEREAS, funds are available in the retained earnings account of the Airport Terminal Enterprise Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Ai..'rport Terminal Enterprise Fund Increase Estimated Revenues: Appropriation of Fund Balance $6:000 Increase Appropriations: Machinery and Equipment $6:000 PASSED BY THE COUNCIL OF'THE CITY OF KENAI, ALASKA, this 20t~ day of August, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: ~.~ (07/30/2003) hl Introduced: Adopted: Effective: August 6, 2003 August 20, 2003 August 20, 2003 Suggested by: Administration City of Kenai RESOLUTION NO. 2003-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT TO UNITED FIRE SERVICE, INC. FOR A FORD F-450 AMBULANCE FOR THE TOTAL AMOUNT OF $126,590. WHEREAS, KMC 7.15.050 (6) allows the City to purchase equipment under a contract of another governmental agency; and, WHEREAS, the Kenai Peninsula Borough awarded a competitive bid to United Fire Service, Inc. for the equivalent equipment we are purchasing; and, WHEREAS, United Fire Service, Inc.'s quote meets the specifications; and, WHEREAS, the Council of the City of Kenai has determined United Fire Service, Inc.'s price under the Kenai Peninsula Borough contract is reasonable and award to this bidder would be in the best interest of the City, and, WHEREAS, sufficient monies are available in the Equipment Replacement Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract for a Ford F-450 ambulance be awarded to United Fire Service, Inc. for the total amount of $126,590. The purchase is to be made from the Equipment Replacement Fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (8/12/2003) jl Suggested by: Administratio: CITY OF KENAI RESOLUTION NO. 2003-42 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AN APPLICATION AND ACCEPTANCE OF A FEDERAL GRANT FOR THE CITY OF KENAI PLANNING DEPARTMENT TO ATTEND SECTION 106 TRAINING. WHEREAS, pursuant to the National Park Service Historic Preservation Act of 1966, certain federal share matching grants for historic preservation projects are available to certified local governments; and, WHEREAS, the City Administration has prepared such a federal share matching grant for Planning Department staff training. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1. The Council hereby authorizes the City Manager, Linda L. Snow, to submit an application to the State of Alaska, Department of Natural Resources, for a federal share matching grant for the City of Kenai Planning Department to attend Section 106 training. Section 2. The Planning Department is established as the agent for the City of Kenai for administration of this project. Section 3. If the City of Kenai is awarded the grant, an ordinance will be introduced to provide matching funds for this project. Section 4. Effective Date. This resolution shall be effective immediately upon adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 2003. ATTEST: JO HN J. WILLIAM S, MAY 0 R Carol L. Freas, City Clerk Suggested by: CITY OF KENAI RE~OLUTION NO. 2003-43 Administrati ___ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO PREFERRED PLUMBING & HEATING FOR KENAI AIRPORT BOILER REPLACEMENT AND HEATING SYSTEM UPGRADE - 2003 FOR THE TOTAL AMOUNT OF $30,850. WHEREAS, the following bids were received on August 14, 2003: BIDDER Preferred Plumbing & Heating Redoubt Industries, Inc. Peninsula Plumbing & Heating, Inc. TOTAL $30,850 $48,313 $5o,530 WHEREAS, Preferred Plumbing & Heating's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Preferred Plumbing & Heating; and, WHEREAS, the Council of the City of Kenai has determined that Preferred Plumbing & Hearing's bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated by Ordinance 2010-2003. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Kenai Airport Boiler Replacement and Heating System Upgrade - 2003 be awarded to Preferred Plumbing & Heating for the total amount of $30,850. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Cler~,.~ Approved by Finance: KENAI PENINSULA BOROL.  144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-759t ,, BUSINESS (907) 262-8608 FAX (907) 262-8615 · · EMAIL: assemblyclerk@borough.kenai.ak.us August 11, 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.' Golf Course License - Seasonal (April 15 - October 15) Kenai Golf Course RECEIVED . CITY Dear Ms. Holland-Williams' Please be advised that the Kenai Peninsula Borough has no objection to the approval of the new golf course license application for Kenai Golf Course, located in the City of Kenai, Alaska. Golf Course License - Seasonal Morgan Family Limited Partnership, dba Kenai Golf Course The Kenai Peninsula Borough Finance Departmem has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda-S C · .'Murphy, Borough Clerk CC: Applicant City of Kenai KPB Finance Department, Delinquent Accounts File S:\WPWINxDATALa~BCBXAbc-letters~NEW~New - Within City Limits.wpd Date of Notice: July 28, 2003 State of Alaska Alcoholic Beverage Control Board Application Type: NEW X Governing Body' Community Councils: City of Kenai None TRANSFER ~__Ownership Location __~Name Change License #: License Type: D.B.A.*' Licensee/Applicant: Physical Location: 4327 Golf Course License - Seasonal (April 15-Octobe'r 15) Kenai Golf Course Morgan Family Limited Parmership 1420 Lawton Drive Mail Address: Telephone #: EIN: P O Box 1101 Kenai AK 99611 (907) 283-7500 No Fax 92-0155480 Corp/LLC Agent: Address · Phone . Date and State of Good standing? Incorporation Richard I. Morgan P O Box 1101 Kenai 907-283- N/A N/A AK 99611 7606 Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. Member/Officer/Director: DOB Address Phone Title/Shares (%) Richard I. Morgan 12/29/27 'P O Box 1101 Kenai AK 907-283-7606 50% General Panner 99611 Shirley L. Morgan 10/24/28 P O Box 1101 Kenai AK 907-283-7606 50% General Partner 99611 If transfer application, current license information: License #: N/A Current D.B.A.: N/A Current Licensee: N/A Current Location: 'N/A Additional comments' Restaurant Designation Application ~vill be sent via mail. ORIGINAL APPLICATION MUST BE RETURNED. **Date of Birth * Doing Business As Cc: Kenai Peninsula Borough Local Governing Body- New Format STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT.,~ fi) ~/~' DES_I~,~g~-~I~L~RMIT- AS 04.16.049 & 15 AAC 104.715-794 The granting of this permit allows access of' persons under 21 years of age to designated licensed premises for purposes of dining, and persons under the age of 19 for employment. If for employment, please state in detail, how the person will be employed, duties, (15 AAC 104.745). This application is for designation of premises where: (please mark appropriate items). 1 X Under AS 04.16.010(c) Bona fide restaurant/eating place. 2 X Persons between 16 & 21 may dine unaccompanied. 3 X Persons under 16 may dine accompanied by a person 21 years or older. 4 Persons between 16 and 19 years may be employed. (See note below). LICENSEE: Morgan Family Limited Partnership D/B/A: Kenai Golf Course ADDRESS: 1420 Lawton Drive, Kenai, AK 99611 , 1. Hours of Operation: q;~ ,~O(/~ to ~l,Oey la~vi Telephone// ~.~'-' 7~'"~O O 2. Have police ever been called to yo~r Premises. by you or anyone else for any reason: [ ] Yes ~>~ No If yes, date(s) and explanatiOn(s). 3. Duties of employment: Are video games available to the public on your premises? No Do you provide entertainment: [ ] Yes ~ No If yes, describe. 6. How is food served? X Table Service Buffet Service Counter Service Other* Is the owner, manager, or assistant manager always present during business hours? J~ Yes [ ] No A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATIOn* This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795) I certify that I have read AS 04.16.049, AS 04.16.060, 15 AAC 104.715-795 and have instructed my employees about provisions contained therein. Application approved (15 AAC 104.725(e) Governing Body Official Date: ~~tl~~~gan,t4~eneral Partner Subscribed and sworn to before me this ,a~(/'~ day of~ My Commission expires /'/~ ~7 / Director, ABC Board Date: NOTE: AS 04.16.049(c) requires that written parental consent and an exemption by the Department of Labor must be provided to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. Describe how food is served on back of form. KENAI AIRPORT COMMISSION AUGUST 14, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' ITEM 2: ,, ITEM 3: ao ITEM 4: ITEM 5: ITEM ITEM 7: ITEM 8: ITEM 9' ITEM 10: ao b. ITEM 11: CALL TO ORDER AND ROLL CA_LL AGENDA APPROVAL APPROVAL OF MINUTES June 12, 2003 Special Meeting of July 8, 2003 PERSONS SCHEDULED TO BE HRA~D Kristine Schmidt -- Airport Noise OLD BUSINESS Discussion -- Off-Airport Car Rental Fees NEW BUSINESS ,. REPORT Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND (~UESTIONS PERSONS NOT SCHEDULED TO B~- HEA~B INFORMATION ITEMS Kenai City Council Meeting Action Agendas for June i 8, July 2, 16, and August 6, 2003. 7/10 / 03 Airport Manager Monthly Report. 7/03 Kenai Municipal Airport Monthly Enplanement Report. 7 / 03 Float Plane Basin Activity Report. ADJOURNMENT K~NAI AIRPORT COMMISSION AUGUST 14, 2003 K~NAI CITY COUNCIL CHAMBERS ?:00 P.M. CHAIR HENRY KNACKS?ED?, PI~SIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chairman Knackstedt called the meeting to order at approximately 7'05 p.m. confirmed as follows: Roll was Commissioners Present: Commissioners Absent: Others Present: Bielefeld, Knackstedt, Versaw, and Watl~ns Holloway, Ha. raison Councilwoman Jackman, Airport Manager Cronkhite ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MINUTES 3-a. June 12, 2003 MOTION: Commissioner Bielefeld MOVED to approve the minutes as presented and Commissioner Versaw SECONDED the motion. There were no objections. ORDERED. SO 3-b. Special Meeting of July 8, 2003 There were no changes to the minutes and they were approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD Kristine Schmidt -- Airport Noise Schmidt distributed a handout from the City of Scotsdale, AZ website in which there is information relating to airport noise and also provides a place for the public to submit aircraft noise complaints. She suggested something similar be available in Kenai as the email would provide formal tracking of complaints. ITEM 5: OLD BUSINESS -ae Discussion -- Off-Airport Car Rental Fees The Commission again reviewed the issue and the draft ordinance (included in the packet) to establish an off-airport vehicle permit system and require off-airport vehicle rental operations to acquire a permit and pay a fee of ten percent from rentals where the renter or rental vehicle is picked up or dropped off at the airport by the vehicle rental business or its agent. MOTION: Commissioner Watkins MOVED to recommend Council adopt this ordinance and that airport management review other fees and bring them to the next commission meeting for consideration. Commissioner Bielefeld SECONDED the motion. VOTE: Hollowav Absent Bielefeld Versaw Yes Watkins Yes Yes Knackstedt Ha_raison Yes Absent MOTION PASSED UNANIMOUSLY. ITEM 6' NEW BUSINESS -- None. ITEM 7. REPORT Commission Chair-- None. 7-b. Airport Manager-- Cronkhite reported she attended a meeting with FAA relating to environmental concerns and also reported the Flying Rotarians will be visiting the area on August 23 or 24, 2003. 7-c. City Council Liaison -- Councilwoman Jackman noted the action agendas included in the packet. ITEM 8: COMMISSIONER COMMENTS AND (~UESTIONS It was noted a seaplane had a problem when taxing due to a rescue boat obstruction. It was suggested, on inspection, make sure the ramp is clear. It was also questioned how much area does ERA have designated on the terminal ramp. ITEM 9: PERSONS NOT SCHEDULED TO _RE HEARD -- None. 'ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for June 18, July 2, 16, and August 6, 2003. AIRPORT COMMISSION MEETING AUGUST 14, 2003 PAGE 2 10-b. 7/10/03 Airport Manager Monthly Report. 10-c. 7/03 Kenai Municipal Airport Monthly Enplanement Report. 10-d. 7/03 Float Plane Basra Activity Report. ITEM 11: ADJOURNMENT MOTION: Commissioner Watlcins MOVED for adjournment and Commissioner Versaw SECONDED the motion. There were no objections. 8tO ORDERED. The meeting adjourned at approximately 8'25 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING AUGUST 14, 2003 PAGE 3 ~ _ _ KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS AUGUST 5, 2003 7:00 P.M. AGENDA ITEM 1' ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: ITEM 11: CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- June 3, 2003 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Approval-- Update to Goals & Objectives NEW BUSINESS ,, REPORTS Director Commission Chair Friends of the Library City Council Liaison COMMISSIONER COMMENTS/OUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Kenai City Council Action Agendas of June 4 and 16, 2003. ADJOURNMENT REMINDER' LIBRARY COMMISSION MEET'J:NG,S WILL NOW BE HELD IN THE COUNCIL CHAMBERS AT KENAI CITY HALL AND BE~IN AT 7:00 P.M. KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS AUGUST 5, 2003 7:00 P.M. CHAIR EMILY DE FOREST, PRESIDING MINUTES ITEM 1: CALL TO ORDER/h ROLL CALL Chair DeForest called the meeting to order at approximately 7:08 p.m. confn-med as follows: The roll was Commissioners Present: Commissioners Absent: Others Present: DeForest, Heus, Rodes, Brenckle, Brown and Peters None City Clerk Freas and Councilman Moore ITEM 2: _ AGENDA APPROVAL MOTION: Com _missioner Brenckle MOVED to approve the agenda as presented and Commissioner Brown SECONDED the motion. There were no objections. ORDERED. SO ITEM 3: ,, APPROVAL OF MINUTES -- June 3, 2003 MOTION: Commissioner Brown MOVED to approve the minutes as presented and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Approval-- Update to Goals & Objectives The goals and objectives, as amended at the Commission's June 3, 2003 meeting were included in the packet. MOTION: Commissioner Peters MOVED to accept the Goals & Objectives for the 2003/2004 year as presented and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS -- None. ITEM 7: REPORTS Director-- Absent/no report. 7-b. Commission Chair -- DeForest noted the following: · Reviewed monthly statistics distributed prior to the meeting. · Summer reading program was very successful. She wrote a letter to Ms. Hall, the program director, to thank her for her efforts. Heus will forward the Commission's thanks to the Friends for their assistance in funding the program. Brenckle will contact the Clarion to do a thank-you. · The new Andy Berg book and Kenai Book are being sold at the library. 7-c. Friends of the Library-- Commissioner Heus reported the following: · Their fund_raiser dinner will be held on October 24 and 25 at the Eagles facility; funds received will be used for general needs at the library instead of being directed specifically to a library expansion. · There are three openings on the Friends Board; they will be postponing their election until those seats are filled. · Jim Heim has volunteered to write a library newsletter for placement on the library's website. · They are encouraging people to donate subscriptions (list available at library) for the library to compensate for those not able to be funded through the library budget. 7-d. City Council Liaison -- Councilman Moore noted the next meeting will be held August 6. A general discussion followed regarding: · Will there be public comments taken during the council's discussion of options for the Recreation Center. · Dip net fishery revenues. · Unexpected revenues to the city and for what those funds would be used; interest was expressed to request the council to amend the budget to provide additional funds to the library for the purchase of books. · Finding a high school student to be appointed to the Commission. ITEM 8: COMMISSIONER COMMENTS / QUESTIONS Peters -- Stated he may not attend the next meeting (October 7, 2003). Heus-- Suggested the open commission seat be advertised (it was noted, the commission availabilities are advertised on the city's websire); nc>red she would get used to the new meeting schedule; and, she will not be at the October meeting. ' IBRARY COMMISSION MEETING AUGUST 5, 2003 PAGE 2 Brenckle -- Suggested the Commission explore requesting additional funding from the council for the purchase of books, i.e. prepare a resolution and speak to the council at a future council meeting. Clerk Freas noted, a letter of request could be prepared to include in a council packet and someone speak to the request at that time. Brown -- Tickets for the library fundraiser will be available in the near future. ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of June 4 and 16, 2003. ITEM 11' ADJOURNMENT The meeting adjourned at approximately 7:42 p.m. Meeting summary prepared by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING AUGUST 5, 2003 PAGE 3 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 13, 2003 - 7:00 p.m. lo CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ® *APPROVAL OF MINUTES: a. *July 23, 2003 3. SCHEDULED PUBLIC COMMENT: ® CONSIDERATION OF PLATS: a. PZ03-34- Preliminary Plat- Sprucewood Glen Subdivision No. 8, A resubdivision of Lots C-lA-1 and B 1-4 Sprucewood Glen Subdivision KRD 87-17 & 85-240. Plat submitted by McLane Consulting Group, P.O. Box 468, Soldoma, AK 99669. 5. PUBLIC HEARINGS' 6. OLD BUSINESS: ® NEW BUSINESS: a. Amendment to Kenai Zoning Map - Thompson Park Subdivision- Fireweed Lane area- Discussion b. PZ00-35~Landscape/Site Plan Review--Tract 1-B-l, Cook Inlet Industrial Air Park, No. 6 (10480 Kenai Spur Hwy.), Kenai, Alaska. Application submitted by Porath Tatom Architects, Inc. For: The Home Depot, 10480 Kenai Spur Highway, Kenai, AK 99611. 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Notice- Shankel Subdivision b. "Zoning Bulletin"- July 10 & 25, 2003 13. COMMISSION COMMENTS & QUESTIONS: ,~, 14. ADJOURNMENT: CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS AUGUST 13, 2003- 7:00 P.M. CHAIR RON GO~KE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners Present: Commissioners Absent: Others Present: Amen, Glick, Goecke, Bryson, Barrett, and Eldridge Hammelman City Clerk Freas, City Planner Kebschull, and Councilman Osborne X-bo Agenda Approval The following items were noted as changes to the agenda: REMOVE: ADD AS: 7-b, PZ03-35, Landscape/Site Plan Review 12-c, PZ03-35, Landscape/Site Plan Review MOTION: Commissioner Bryson MOVED to approve the agenda with the requested amendments and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. 1 Consent Agenda MOTION: Commissioner Glick MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- July 23, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS PZ03-34 - Preliminary Plat- Sprucewood Glen Subdivision No. 8, A resubdivision of Lots C-IA-1 and B 1-4 Sprucewood Glen Subdivision KRD 87-17 & 85-240. Plat submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669. MOTION: Commissioner Bryson MOVED to recommend approval of PZ03-34, Prehminary Plat, Sprucewood Glen Subdivision No. 8, a resubdivision of Lots C-lA-1 and B 1-4 Sprucewood Glen Subdivision KRD 87-17 & 85-240. Commissioner Amen SECONDED the motion. Kebschull stated staff had no further comments and noted, the action would remove a lot line in order to allow an addition to the building. VOTE: Amen Bryson Eldridge Yes Yes Yes Glick Barrett Yes Yes Goecke Hammelman Yes Absent MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS-- None. ITEM 6: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS -a. Discussion -- Amendment to Kenai Zoning Map - Thompson Park Subdivision- Fireweed Lane area. Kebschull referred to information included in the packet relating to the Commission's consideration of rezoning property in the vicinity of Fireweed Lane from commercial to residential zoning. The information explained, the possible rezone is due to several of the properties located in the area being zoned commercial even though the primary use is residential. Additionally, the residential use is considered a non-conforming use and could limit or restrict development options on the property. Kebschull reported letters had been sent to the property owners in the Fireweed Lane area informing and explaining the possible rezone. Of those written, she had received responses from about half of the property owners and of those, four want their properties to remain zoned commercial. She will follow up with another contact attempt to those who have not responded. PLANNING & ZONING COMMISSION MEETING AUGUST 13, 2003 PAGE 2 Bryson noted, there was an attempt to rezone some properties adjoining the "One Stop" property, which was approved by the Commission and rejected by the council some years ago. Kebschull noted she had contacted the borough to alert them of the rezoning being considered and that the process would not be rushed. They stated they were fairly comfortable with it. The Commission discussed those properties that may be rezoned and which ones would not be included. A request was made to have a map for future discussions with the lot numbers and current zoning delineated. There were no objections to bring the matter back for further discussion. 7'-bo PZ00-35--Landscape/Site Plan Review---Tract i-B- 1, Cook Inlet Industrial Air Park, No. 6 (10480 Kenai Spur Hwy.), Kenai, Alaska. Application submitted by Porath Tatom Architects, Inc. For: The Home Depot, 10480 Kenai Spur Highway, Kenai, AK 99611. Moved to 12-c (landscape/site plan reviews are dealt with administratively and the item was inadvertently placed here instead of as an information item). ITEM 8' PENDING ITEMS-- None. ,ITEM 9- CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council -- Councilman Osborne reviewed the action agenda of the August 6 council meeting which was included in the packet. He also reported administration was investigating the concerns DeWayne Craig voiced relating to building and excavation permits for which he had applied in 2002 and 2003. 10-b. Borough Planning -- Commissioner Bryson reviewed the agendas which were included in the packet and reported on the actions taken at the July 28 and August 11 Borough Planning Commission meetings. 10-c. Administration-- Kebschu11 reported the following items: · She attended the Western Planners Conference in Las Vegas recently. · She attended a meeting with representatives of the Kenaitze Indian Tribe and the 8alamatof Native Association, along with the City Manager, Mayor Williams, and new economic development program director at which they discussed the Comprehensive Plan. Through the discussions, Williams suggested council delay f'mal action on their ordinance to approve the Plan until November, giving the groups PLANNING & ZONING COMMISSION MEETING AUGUST 13, 2003 PAGE 3 additional time in which to review the document and make suggestions. It was noted, council had already decided more than one public hearing would be held on the ordinance. · Council is reviewing the Borough's Kenai River Projection Area and may consider administering the regulations for properties situated within the city. Administration is investigating the matter and discussions will continue. ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. KPB Notice- Shankel Subdivision "Zoning Bulletin"-July 10 & 25, 2003 PZ03-35 -- Landscape/Site Plan Review -- Tract l-B- 1, Cook Inlet Industrial Air Park, No. 6 {10480 Kenai Spur Hwy.), Kenai, Alaska. Application submitted by Porath Tatom Architects, Inc. For: The Home Depot, 10480 Kenai Spur Highway, Kenai, AK 99611. {Added at beginning of meeting.) ITEM 13: COMMISSION COMMENTS/h QUESTIONS Eldridge noted his pleasure in seeing Three Bears' plan for expansion and the renovations to the Home Depot building are progressing. ITEM 14: ADJOURNMENT The meeting adjourned at approximately 7'32 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING AUGUST 13, 2003 PAGE 4 TO: Kenai City Council FROM: Kenai CVB Executive Director, Ricky Gease DATE: August 15, 2003 UPDATE for the Kenai CVB and Kenai Visitors and Cultural Center Kenai CVB Group tour travel to Kenai this summer has been strong, with three group tour companies bringing a total of ten trips to our area thus far. The Kenai CVB has hosted the groups during their stay in Kenai and has guided the tours through Old Town and the Kenai Visitors and Cultural Center. The guided group tours usually last about two hours and give people a broad overview of the history and culture of Kenai. The Kenai CVB continues to assist travel writers from around the world. During the summer we have worked with four sets of travel writers that have been traveling through the state under the direction of ATIA, the Alaska Travel Industry Association. While here in Kenai, we have arranged for the writers to take activity tours with fishing guides on the Kenai River and on the west side of Cook Inlet, canoe trips on the Kenai canoe trail system, and general sightseeing tours. We have applied through the state for a DCED mini-grant to establish a specialized web site for the Sportfishing industry in the greater Kenai area and the peninsula. The site, www. SportfishingKenai.com would be an innovative, interactive map-based site that connects clients with information and guides. The grant request was for $30,000, which would cover the initial development costs of the web site, the content and the visual imagery. The announcement date for the grant is in December. The grant program awards about 20% of its application pool, and rewards communities that have already been awarded a grant in the past, so we will see if our proposal meets with success. In the meantime, we will continue to work on other funding strategies to develop the website. , The sustainable funding dialogue for the visitor industry is continuing through the summer. The Kenai Peninsula Tourism Marketing Council is taking the lead in foster the discussion of finding a long-term funding solution for tourism marketing and visitor services on the peninsula. Currently our major competitors in the state, such as Mat-Su and Fairbanks, have funding through bed taxes and have much larger budgets for promoting their respective visitor industries, on average investing about five times the amount of money in marketing than does the peninsula. The situation on the peninsula is more of a complex situation in figuring out how to implement and distribute such a funding solution. Most people agree that if a bed tax were to be implemented that it would have to be on a borough-wide basis. The discussions currently are centered on how to allocate and distribute such funds. Do we create one new organization to oversee all tourism marketing for the peninsula or do we stick with the current system of having five main destination marketing organizations (KPTMC, Seward, Soldoma and Homer Chambers and Kenai CVB) promote each respective municipality. After meeting very lukewarm response for integrating and / or consolidating such marketing efforts on a borough-wide basis, my personal inclination at this point is that the funds, if a borough-wide tax were to go to the ballot and be passed, would be to distribute 100% of such funds to the municipality in which it was collected and then have such funds distributed by the municipalities to contracted entities of their choosing for tourism marketing. On a related note of finding sustainable funding for tourism marketing efforts, the Kenai CVB continues to look at a budget shortfall in terms of revenues from charitable gaming, which accounts for the majority of funding for the organization. This fall the Kenai CVB board of directors will be looking at what budgetary actions to take in this regard. Options include more staff reductions (we are down to the lowest staffing level since I have worked at the CVB), major cuts to the advertising budget (which is about $15,000, and would include cutting general ads in visitor guides and possiblY the full page ad in the Milepost), going into the budget reserves- which won't solve the underlying structural problem, and / or finding' new revenue streams through earned income and fundraising strategies. Other possibilities mentioned include merging operations with the Kenai Chamber of Commerce, but thus far my initial analysis indicates only some minor overhead savings. There ma~ be other valid reasons for a merger between the two organizations, but they should not be based on the assumption of monetary savings. We have applied for a VISTA volunteer the state DCED program. Midge Clouse of the state DCED has indicated that our application has a 50 / 50 chance of approval and we will know by the end of the month. She has indicated that the project is worthwhile but has questions of its relationship to reducing poverty, which is the main goal of the program. If she decides not to fund our request, she has indicated that she will work with us on applying for an "Entrepreneur Volunteer" grant through the Americore program, which would be the first in the state and may match up better with Federal requirements. The main focus of the volunteer will be to set up a 501 c 3 organization for museum services at the Kenai Visitors and Cultural Center and explore new earned income strategies for the bureau. Kenai Visitors and Cultural Center This summer the visitation of about 27,000 people for June and July was up about 4% over the prior year. The summer art exhibition continues to be very well received by visitors and many locals continue to bring in their visiting friends and relatives to see the show. The show can be seen online at www.artskenai.eom. Our new pushpin map locating where visitors are traveling from indicates we get visitors from all over the lower 48. Summer interpretive programs continue to be very well received by the local audience and visitors. On average between ten to twenty people have been attending each afternoon program. The summer youth arts workshop series on weekends has also been successful with local youth. The Kenai CVB is working with other regional groups in the central peninsula on promoting a new museum research, archive and storage facility at the college. KPC president Gary Turner has put in a proposal for UAA's 2006- 2010 capital project list for a new cultural research / performing arts facility. The two-story building would have a 12,000 square ft. footprint, with the basement area dedicated to cultural research, archives and storage, while the main upper floor would have a 500-seat performance hall and multi-use classroom space for arts education. · The planning process has begun for next year's summer art exhibition. The title for the show is "WILD ALASKA: Bounty of the Sea" and the guest curator is retired art professor Bill Sabo, who taught at UAA for many years. The theme will be the exploration of the marine world and its influence on Alaskan life. Kenai Peninsula Arctic Winter Games 2006 Host Society Agenda July 17, 2003---5:00 p.m. Special Meeting CARTS Office, Soldotna, Alaska Ae CALL TO ORDER President Bagley called the meeting to order at 5'15 p.m. B. ROLL CALL C~ Do Eo The following directors were present: Dale Bagley Pete Sprague David Carey Bob Frates Donna Peterson Jack Brown Becky Foster Andrew Carmichael Allan Miller Colette Thompson Ricky Gease Jennifer Beckmann Mark Gregory Gary Hale Pam Howard Kathy Gensel Debbie Holle Dena Cunningham The following directors were absent: Bob Jones Bill Popp Jack Cushing Rosalie Tepp Tim Navarre APPROVAL OF AGENDA Mr. Carey moved to approve the agenda. Ms. Thompson seconded it. Mr. Carey then moved to amend the agenda to change item rune under new business to become 9(A) and add a new 9(B). The new 9(B) is to discuss the grant agreement between the Kenai Peninsula Borough and the Kenai Peninsula Borough 2006 Arctic Winter Games Host Society. The amendment was seconded by Ms. Beckmann and passed unanimously. APPROVAL OF MINUTES Ms. Beckman moved to approve the minutes. Mr. Hale seconded it. Ms. Beckmann then move to amend the minutes to make several technical changes. The amendment was seconded by Mr. Hale and was passed unanimously. Mr. Carrnichael then moved to approve the minutes as amended. Ms. Thompson seconded it and it was passed unanimously. COMMITTEE REPORTS The committees have not organized yet therefore, no reports were given. Fo OLD BUSINESS Ge 1. By-Laws Amendment establishing quorum by Mr. Popp Mr. Brown moved to amend the By-Laws by including the following underlined words' Article II Section 6 - DIRECTORS- Quorum and Adjournments' (a) At all meetings of the Board of Directors, the presence of a majority of the entire Board shall constitute a quorum for the trafisaction of business, provided that the _ majority is present when the meeting is called to order by the presiding officer. Once the quorum is established, that quorum shall be deemed present until the meeting is adjourned, even if the number of Directors present at the meeting falls below a majority of the membership of the board of Directors. However, if the number of Directors present for the meeting falls below eight, then the quorum shall be deemed not present. Telephonic participation by a director is permitted, and a director who attends telephonically shall be considered present for all purposes just as though he or she had been physically present. Ms. Thompson seconded the motion and was passed unanimously. NEW BUSINESS 1. Establish bank account Ms. Beckmann moved to request the President to establish a bank account at Wells Fargo Bank. The motioned was seconded by Dr. Peterson. During the discussion, it was agreed that the Host Society would send out an RFP for banking services after hiring our Administrative Assistant. Mr. Carey moved that the bank account would continue tmtil December 31, 2003. Ms. Holle seconded the motion and it was passed unanimously. Ms. Gensel abstained fi'om the vote. There was no objection to the amended motion. 2. Hire an Administrative Assistant Mr. Carey moved that a hiring committee be established to hire an Administrative Assistant and develop a job description. Mr Carmichael seconded the motion and It was passed unanimously. The hiring committee will include Dale Bagley, David Carey, Becky Foster, Debbie Holle and Jack Brown. 3. Approval of Committee Chairs Ms. Holle moved to approve the following directors as the Committee Chairs for the various committees. The motion was seconded by Ms. Gensel and passed unanimously. Bill Popp---Revenue Development Colette Thompson~Administration Mark Gregory~Marketing Bob Jones~Information Technology Donna Peterson~Care & Comfort Allen Miller--Sports Andrew Carmichael~Sports Facilities Ricky Gease---Culture & Ceremomes Jack Brown--Volunteer & Protocol 4. Approval of a process to select subcommittee chairs Mr. Brown moved to have the Committee Chairs work with the Executive Committee to select subcommittee chairs. If there is a conflict with the selection of the subcommittee chairs, the entire Board will select the subcommittee chairs. Mr. Carey seconded the motion and it was passed unanimously. 5. Establish a monthly meeting schedule Mr. Brown moved that the Host Society establish a regular meeting schedule of the second Thursday of each month. The meetings will be held at the CARTS Office at 5 pm. The motion was seconded by Mr. Carey and passed unanimously. 6. Authorize the Executive Committee to research office space Mr. Carey moved that the Executive Committee be directed to research available office space for the Host Society and report back at our next meeting. Ms. Thompson seconded the motion and it passed unanimously. 7. Direct the President to prepare quarterly repons for the Arctic Winter Games International Committee and the Kenai Peninsula Borough Assembly. Mr. Brown moved that the President be directed to prepare a quarterly report for the AWGIC and the KPB Assembly. The report will be presented at our next Host Society meeting for Board approval. Ms. Thompson seconded the motion and it passed unanimously. 8. Discuss the agreements between the Kenai Peninsula Borough and the cities of Soldotna, Kenai, and Homer. Ms. Thompson reported that she is developing the agreement between the KPB and cities. 9(A). Discuss the agreement between the Kenai Peninsula Borough and the Kenai Peninsula Arctic Winter Games 2006 Host Society Ms. Thompson is developing the agreement between the KPB and the Host Society. She will e-mail it to the Board prior to our next meeting. 9(B). Grant agreement between the Kenai Peninsula Borough and the Host Society. Mr. Carey moved that the grant agreement between the KPB and Host Society be approved. Mr. Carmichael seconded the motion and it passed uninamiously. 10. Discuss adding a representative from the Salamantof Tribal Council to the Board of Directors. Ho Ms. Cunningham moved to add a representative from the Salamatof Tribal Council to the Board. Ms. Beckmann seconded the motion and it passed unammously. PUBLIC COMMENTS Je Mr. Memll S ikorski thanked the Board for their hard work. BOARD MEMBERS COMMENTS Mr. Carey stated that the Board needs to be talking up the Games. Ms. Holle mentioned that an individual had requested to be notified about our meetings. Mr. Gregory mentioned that he is anxious to start selecting and working with the subcommittees. Ms. Gensel is interested in creating a database for volunteers. Ms. Cunningham requested that the length of the meetings be consistent and they start at 5 p.m. Mr. Carmichael mentioned that the Rasmussen Foundation is working with the Homer Hockey Association to complete the Homer Ice Rink. One of the stipulations of the grant is that the Hockey Association works with the AWG Host Society. The grant is approximately $800,000. Ms. Howard commented on Assembly Member Gary Superman's positive remarks regarding of volunteer spirit. Mr. Brown requested that Board Members inform those who are interested in serving on the subcommittees that we are working thorough the process. Mr. Bagley handed out a volunteer sign up sheet for serving on subcommittees. Mr. Carey also mentioned that it would help our efforts if a young person served on each one of our sub committees. NOTICE OF NEXT MEETING and ADJOURNMENT The next regular meeting will be held August 14, 2003 at the CARTS Office at 5 pm. President Bagley adjourned the meeting at 7:07 pm. Kenai Peninsula Arctic Winter Games 2006 Host Society August 14, 2003--5:00 p.m. Soldotna, Alaska Regular Meeting Agenda CARTS Office, A, CALL TO ORDER B. ROLL CALL Ce De Eo APPROVAL OF AGENDA APPROVAL OF MINUTES COMMITTEE REPORTS 1. Revenue Development-approval and acceptance of contributions F. OLD BUSINESS Ge H~ Jo NEW BUSINESS 1. Approve purchasing procedures 2. Authorize the President to spend up to $10,000 to hire an administrative assistant and set up an office. 3. Approve the hiring committee's recommendation for an administrative assistant 4. Approve the quarterly report 5. Approve an agreement between the Kenai Peninsula Borough and the Host Society 6. Start the process to hire a general manager 7. Authorize the executive committee to develop a professional services agreement with a fund raiser PUBLIC COMMENTS BOARD MEMBERS COMMENTS NOTICE OF NEXT MEETING and ADJOURNMENT 8/6/03 Version AGREEMENT BETWEEN KENAI PENINSULA ARCTIC WINTER GAMES 2006 HOST SOCIETY, INC. KENAI PENINSULA BOROUGH THIS CONTRACT is entered into on this ~ day of ,2003 between the KENAI PENINSULA BOROUGH, 144 N. Binkley, Soldotna, Alaska 99669 (hereinafter "Borough") and the Kenai Peninsula Arctic Winter Games 2006 Host Society, , Alaska , (hereinafter "Host Society"). WITNESSETH: WHEREAS, the Arctic Winter Games International Committee, hereinafter the "Committee" is the registered copyright holder of the name "Arctic Winter Games", the Arctic Winter Games Symbol and the Arctic Winter Games medal design, and is the permanent governing body of the Arctic Winter Games; and WHEREAS, the borough submitted a bid to stage the 19th Arctic Winter Games in the Kenai Peninsula Borough, and in the municipalities of Kenai, Soldoma, and Homer; and WHEREAS, the Committee awarded the staging of the 19th Arctic Winter Games, hereinafter "Games" to the Borough to host the Games in March 2006 subject to certain terms and conditions as contained in an agreement executed April 16, 2003 by the Borough and the · Committee ("KPB-IC Agreement"); and WHEREAS, paragraph 36 of the KPB-IC Agreement requires the Borough to enter into a formal arrangement with the Host Society to give effect to the terms and conditions of that agreement, requiring the Host Society to abide by the terms of that agreement, and providing for the right of the borough and municipalities to ovemde decisions of the Host Society if necessary in the best interests for the conduct of the games; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and subject to the conditions herein set forth, the parties hereby agree as follows' ii) o ARTICLE ONE ENGAGEMENT Appointment: The Borough hereby contracts with the Host Society to manage and stage the Games in accordance with the terms and conditions of this contract. -1- . 3~ Term' Subject to the terms and conditions set forth herein, this Contract shall take effect upon the date set forth at the end of this contract and shall continue in full force and effect until March 31, 2007, or until all requirements contained in this contract and other documents incorporated herein by reference are fully and finally satisfied, whichever occurs first. Upon written agreement of the parties, the contract may be extended for an additional six-month term. Relationship Between the Parties: The Host Society and the Borough shall cooperate with each other in good faith to carry out the purposes of this Contract. o e . . e ARTICLE TWO HOST SOCIETY SERVICES Manage and Stage Games: The Host Society agrees to manage and stage the 19th Arctic Winter Games during the month of March 2006, in accordance with the terms and conditions contained in this agreement and the KPB-IC Agreement. If there is a conflict between this agreement and the KPB-IC Agreement, the KPB-IC Agreement shall govern. It is understood and agreed that this agreement compels the Host Society, on behalf of the Borough, to perform most functions required of the Borough in the KPB-IC Agreement. Borough control: The Host Society agrees that the Kenai Peninsula Borough retains the fight to override the decisions of the Host Society if necessary in the best interests for the conduct of the Games. The Host Society is responsible to and controlled by the Borough as provided in paragraph 2 of the KPB-IC Agreement. Host Society Board of Directors: The Board of Directors of the Host Society shall include one member who is an Assembly member, the Chief Administrative Officer, or a department manager of the Borough. At least one member of the Committee and/or designee, resident in Alaska, shall be an ex officio member of the Board of Directors of the Host Society. Funding: The Host Society shall be responsible for obtaining adequate funds and donations of services, materials and equipment to meet the budget forming part of the Borough's bid to the COmmittee, which was presented in January 2003. Staging Cultural Pro.am. Social Events and Sporting Displays: The Host Society, in conjunction with the Borough, shall stage as part of the 19th Arctic Winter Games, a program, acceptable to the Committee, which will include cultural events, exhibitions, social events, and sporting displays and shall present this program to the Committee for approval not later than October 1, 2005. The Host Society agrees to adhere to the hosting guidelines as outlined in the Committee's Staging Manual. Repons' The Host Society shall provide to the Borough and the President of the Committee, on at least a quarterly basis, the following documents: a. Copies of current financial reports including Balance Sheets, Revenue and Expense Statements, and Budget Forecasts. -2- To , e bo Written repons to the Borough and the President of the Committee of its activities and problems experienced. Further the Host Society shall answer to any specific inquiries addressed to it by the Committee, so that the Committee will be sufficiently informed of the Host Society's progress and in a position to offer assistance where required. Meetings with requirements- Host Society: The Host Society agrees to the following meeting ae The Host Society shall meet with the Directors of the Committee at the Committee's Directors' request. In particular, it is anticipated that meetings will be convened during the fall of 2004, the spring and fall of 2005, and January of 2006. At the spring and fall meeting in 2005 the Committee will formally receive verbal and written repons from Host Society personnel including the l~l~ager, Sports Coordinator, Cultural Coordinator, and Committee Chairs as requested by the Committee. The Committee may, in its discretion, decide not to convene certain anticipated meetings or alternately to delegate a sub-committee to meet with the Host Society. be The Host Society Manager, Sports Coordinator, and other appropriate personnel (either volunteer or staff) shall meet with the Chefs-de-Mission and Committee Technical Director at any meetings scheduled in advance of the Games by the Technical Director and shall attend all meetings convened by the Technical Director during each day of the Games. de The Host Society Manager, Cultural Coordinator, and other appropriate personnel shall meet with the Committee's Cultural Program Director and Chefs-de-Mission or their representatives at all meetings scheduled in advance of the Games and shall attend all meetings scheduled by the said Director during Games Week. The Executive Committee or other group of the Host Society which will be responsible for directing, managing and coordinating the Games during Games Week shall include in its meetings and meet with the International Committee's Host Society Liaison Director for the purpose of enhancing overall communications between the two organizations. Minutes: The Host Society shall keep minutes of all executive meetings and of any general meetings of its board. Although these minutes need not be verbatim, they shall be of sufficient detail to disclose the tenor of discussions on agenda items and not merely a record of the motions and resolutions presented at a given meeting. The Host Society shall provide to the Borough and all members of the Board of Directors of the Committee copies of the minutes of all meetings. Liaison: The Host Society shall establish proper, liaison with the Committee as required by the Borough and Committee, and specifically with any directors of the Committee designated by it to oversee specific functions. Further the Host Society shall ensure that liaison is established with the next Host Society hosting the 2008 Games. -3- 10. 11. 12. Attendance at 18th Arctic Winter Games: The Host Society agrees to send the Games Manager and such other representatives of the Borough and Host Society as it deems appropriate to the 18th Arctic Winter Games in 2004 to be staged in Regional Municipality of Wood Buffalo, Alberta, Canada, for the purpose of observing and studying the manner in which the Games are staged. Facilities' The Host Society shall ensure that adequate facilities, in the opinion of the Committee, shall be provided for staging of all sports, awards presentations, ceremonies and cultural events and for the accommodation and dining of participants as are required. Without limiting the generality of the foregoing, the Host Society shall take all necessary steps to ensure that all necessary educational, government or privately owned or operated facilities and equipment are obtained or made available for the 19th Arctic Winter Games. It is specifically understood that the Committee shall have final approval for all proposed sporting venues. be Without limiting the generality of the foregoing, the Host Society shall ensure that sufficient accommodation of acceptable standards in the opinion of the Committee shall be available to house the athletes, coaches, officials, and guests of the 19th Arctic Winter Games. Ticket and Transportation Systems' The Host Society shall ensure that an adequate ticket or pass system and an adequate transportation system are established with a view to providing the athletes, coaches and officials: Free access to all sports venues; Free transportation from residences to all venues at the Games sites and return to the residences. 13. 14. 15. Records' The Host Society shall maintain adequate records of its business affairs and shall ensure that official and accurate sports records are maintained for the 19th Arctic Winter Games; and it shall turn over to the Committee within thirty (30) days of the conclusion of the 19th Arctic Winter Games such of its promotional material, computerized registration and results program, business and sports records as the Committee may require. Accounting at Conclusion' The Host Society shall account to the Borough and Committee in accordance with generally accepted accounting principles for its revenue and expenses within one hundred eighty (180) days of the conclusion of the 19th Arctic Winter Games. Manner of Conductin~ Games and Use of Logo: The Host Society shall ensure that the 19th Arctic Winter Games are staged in a dignified manner, and shall prevent any tmdue commercial or political exploitation thereof, and shall forthwith inform the Committee of any commercial or political exploitation thereof, or unauthorized reproduction of the name "Arctic Winter Games," the Arctic Winter Games Symbol, the Committee flag design, the Arctic Winter Games Committee "logo use" policy, or other Committee properties. The Arctic Winter Games International Committee Logo shall be the predominant logo of the -4- 16. 17. 18. 19. 20. 21. 22. Games, and its use shall be in compliance with the terms and conditions of the KPB-IC Agreement. Exclusive Sporting Event' The Host Society shall ensure that the 19th Arctic Winter Games shall be operated as an independent event as required by the KPB-IC Agreement. Additionally, the Host Society shall ensure that the 19th Arctic Winter Games shall not include a State, Regional or National championship in any sport, nor shall any kind of championship or other sport event be staged by or on the premises of the Borough, School District, or any Municipalities within or near the Borough area during the period of the Arctic Winter Games, except with the prior written approval of the Committee. The Host Society shall take all reasonable steps to prevent private organizations from conducting any such events during the period of the Arctic Winter Games. Installation and Operation of Equipment' The Host Society shall ensure that all necessary personnel and logistical support are provided for the installation and operation of equipment used in sports competition and other events associated with the Arctic Winter Games. Medals: The Committee shall provide sufficient gold, silver, and bronze Arctic Winter Games medals to the Host Society for awards in all of the sports listed in the technical package and may, in its discretion, provide medals for coaches, officials, and mission staff. The Committee shall submit an invoice for the cost of all medals to the Host Society, which shall be responsible for payment of same. Catering Facilities and Menus' The Host Society shall ensure that there are adequate catering facilities to a standard acceptable to the Committee for feeding the athletes, coaches, officials, mission staff, and guests taking part in the Arctic Winter Games. Specifically, the Host Society shall make available a selection of a minimum of two (2) entrees at each evening meal and further specifically shall provide the Committee with a proposed menu not later than October 1, 2005. .V. ideo Production: The Host Society shall cause to be produced within six (6) months of the closing of the 19th Arctic Winter Games, at its expense, a professionally produced video (CD, DVD, or VHS or other technology of similar or better quality) depicting the 19th Arctic Winter Games. The video shall be of such size, content, language, style, format, and distribution as is approved in writing by the Committee, and up to two thousand five hundred (2,500) copies, or such lesser quantity as it may specif'.v, shall be delivered to the Committee free of charge. Opening and Closing Ceremonies: The Host Society acknowledges the importance to the Games of the opening and closing ceremonies, and agrees to conduct, the opening and closing ceremonies of the Games in accordance with the directions set out in paragraphs 19a - 19j of the KPB-IC Agreement. Identification of Sports Venues: The Host Society shall ensure that each sports venue and other places associated with the Games are decorated and identified with flags, banners and signs, in accordance with the Arctic Winter Games Staging Manual, and shall attempt to -5- 23. 24. 25. 26. 27. 28. 29. 30. 31. have at every sporting venue a public address announcer who can introduce the competitors, announce results and make other public service announcements. Special Guests: The Host Society agrees to satisfy the requirements in the KPB-IC Agreement, paragraph 21, regarding Special Guests on behalf of the Borough. Hospitality Suites' In addition to reserving a hospitality suite for officials and a hospitality suite for mission staff, the Host Society shall reserve a lounge for coaches in the Athlete's Village or Villages. ~. Changes in Number of Participants, Guest Units _and Sports' The Host Society recognizes and agrees that the Committee has reserved the right to change the number of athletes, coaches, mission staff, and guest units, and to select the sports and sports categories for the Games as set out in paragraphs 23(a), (b) and (c) of the KPB-IC Agreement. Compliance with Proposal for Staging the 19th Arctic Winter Games' Subject to the successful negotiation of contracts with the municipalities of Kenai, Soldoma, ~[nd Homer, as may be necessary, the Host Society warrants, covenants, and agrees that no substantial departure shall be made from the proposal for staging the 19th Arctic Winter Games in the Kenai Peninsula Borough and the Municipalities of Kenai, Soldotna, and Homer as represented to the Committee in the Borough proposal of January 2003, without first obtaining the consent of the Committee. Hotel Accommodations and Car Rentals for the Committee: For all meetings with the Host Society and or the Kenai Peninsula Borough and the Municipalities of Kenai, Soldoma, and Homer, the Host Society will be responsible for hotel accommodations and transportation in the community for the Committee. For the Games, hotel accommodations and car rentals will be provided for each Committee member four days prior to the start of the Games and for the duration of the Games. Capital Requirements' The Host Society shall take all reasonable steps necessary to ensure compliance with the capital requirements contained in paragraph 26 of the KPB-IC Agreement. Transportation Contingency Plan' The Host Society will develop and submit to the Committee a transportation contingency plan for athletes competing in Alpine Skiing and SnoWboarding in the event weather or other conditions require that they stay at the venue overnight. Advance Committee Approval Required: Where in this agreement, anything must be done to the satisfaction of the Committee or requires the approval of the Committee, the Host Society shall not proceed with or implement that thing without first fully apprising the Committee in that respect and obtaining the approval of the Committee. Communications with Borough and Committee: ae Generally, the Host Society shall ensure that the Borough and the Conuni~ee are fully informed, through its President, of all aspects of the preparation for and -6- 32. 33. 34. 35. 36. 37. staging of the 19th Arctic Winter Games and shall take all necessary steps to communicate adequately with the Borough and President of the Committee and/or his designee to ach/eve this end. b. All official correspondence may be done via email or facsimile where possible. General Manager, Sports Coordinator and Coordinator of Culture: The Host Society shall employ, at its expense, a full time General Manager for the 19th Games, commencing on or before December 15th, 2003; and further, shall emPl°57 a full time Sports Coordinator for the 19th Arctic Winter Games, commencing at least twenty four (24) months prior to the Games; and ft~her shall employ a full time Coordinator of Culture commencing at least twelve (12) months prior to the Games. The Host Society agrees to replace forthwith the General Manager, the Sports Coordinator, and/or the Coordinator of Culture upon notice in writing from the President of the Committee or from the Borough, wherein just cause for termination has been provided in accord with common law and other relevant law. Television Coverage: The Host Society agrees to arrange for television coverage of the 19th Arctic Winter Games to include and ensure the widest possible coverage in Alaska, Greenland, Nunavik, Nunavut, Northwest Temtories, and Yukon. The Committee will appoint a representative to the Host SocietY group responsible for negotiating these arrangements and will retain final approval authority on all broadcast agreements. Final Report: Upon conclusion of the Games, the Host Society agrees to prepare a Comprehensive Final Report evaluating the Games with a view to same being a resource for future host societies within sixty (60) days of the conclusion of the Games and to provide copies of the said report to each member of the Board of Directors on the Arctic Winter Games International Committee and to the Borough. Assignability. The Host Society shall not assign any interest in this agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the Borough thereto. Interest of Host Society. The Host Society covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Host Society further covenants that in the performance of this Agreement no person having any such interest shall be employed. Defense and Indemnification. The Host Society shall indemnify, defend, save and hold the Borough, its elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting from the Host Society or the Host Society's officers, agents, employees, parmers, attorneys, suppliers, and subconsultants' performance or failure to perform this Agreement in any way whatsoever. This includes but is not limited to claims for (1) personal injuries, (2) death, (3) economic loss, (4) property damages, whether tangible or intangible, (5) contract violations, (6) violation of statutes, ordinances., constitutions, roles or regulations, or other laws, (7) or any other kind of loss sustained by -7- 38. any person, or property arising from Consultant's performance or failure to perform under this Agreement. This defense and indemnification responsibility includes claims alleging acts or omissions by the Borough or its agents that are said to have contributed to the losses, failure, violations, or damage. However, the Host Society shall not be responsible for any damages or claim arising from the sole negligence or willful misconduct of the Borough, its agents, or employees. Permits, Laws and Taxes. The Host Society shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to the-performance under this Agreement. All actions taken by the Host Society under this Agreement shall comply with all applicable federal, state, and local regulations including, but not limited to, those laws related to wages, taxes, social security, workers compensation, nondiscrimination, licenses, and registration requirements. The Host Society shall pay all taxes pertaining to its performance under this Agreement. e o . e ARTICLE THREE BOROUGH REQUIREMENTS Liability Insurance' The Borough agrees to extend its general liability insurance coverage to the Host Society for a value acceptable to the Committee and to have same in place for coverage during the Arctic Winter Games. Board Members: The Borough agrees to provide personnel as required by the KPB-IC Agreement to serve as members of the Host Society board of directors. ARTICLE FOUR MUTUAL PROVISIONS Agreements with Third Parties: The Borough and Host Society shall.mutually cooperate in negotiating and entering agreements with third parties as may be necessary. It is anticipated that such third parties shall include without limitation the cities of Soldotna, Kenai and Homer for the successful staging of the Games. Modifications- The parties may mutually agree to modify the terms of this agreement. Modifications to this agreement shall be incorporated into this agreement by written amendments signed by both parties. Jurisdiction; Choice of Law: Any civil action arising from this Agreement shall be brought in the superior court for the third judicial district of the state of Alaska at Kenai. The law of the state of Alaska shall govern the rights and obligations of the parties. Non-Waiver: The failure of the Borough at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provisions, nor in any way affect the -8- Se Se o o 10. validity of this Agreement or any part thereof, or the right of the Borough thereafter to enforce each and every protection hereof. Agreement Administration: Be The Borough Mayor, or his designee, will be the representative of the Borough administering this Agreement. The services to be furnished by the Host Society shall be administered, supervised, and directed by the Host Society President. In the event that the individual named above or any of the individuals identified in the proposal to perform work under this Agreement is unable to serve for any reason, the Host Society shall appoint a successor in interest subject to written approval of the Borough. Integration. This instrument and all appendices, amendments hereto and documents incorporated by reference, embody the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties. Interpretation and Enforcement. This Agreement is being executed by the parties following negotiations between them. It shall be construed according to the fair intent of the language as a whole, not for or against any party. The titles of sections in this Agreement are not to be construed as limitations or definitions but are for identification purposes only. Relationship of the Parties. The services to be rendered under this Agreement are thOse of an independent contractor. The Host Society will not at any time directly or indirectly act as an agent, servant or employee of the Borough or make any commitments or incur any liabilities on behalf of the Borough without the Borough's express consent. Severability. If any section or clause of this Agreement is held invalid by a court of competent jurisdiction, or is otherwise invalid under the law, the remainder of this Agreement shall remain in full force and effect. Notices. Any notice required pertaining to the subject matter of this Agreement shall be personally delivered or mailed by prepaid first-class, registered or certified mail to the following addresses' Kenai Peninsula Borough: 144 N. Binkley Street Soldotna, AK 99669 Host Society: -9- The parties do hereby execute this agreement on the date(s) set forth below: ~NAI PENINSULA BOROUGH HOST SOCIETY Signature By: Dale Bagley Its: Mayor Dated: Signature By: Dave Carey Its' Vice-President Dated: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Borough Clerk Borough Attorney ACKNOWLEDGMENTS STATE OF ALASKA THIRD JUDICIAL DISTRICT The foregoing insmnnent was acknowledged before me this ____ day of ,2003, by Dale Bagley, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT The foregoing insmmaent was acknowledged before me this day of 2003, by Dave Carey, Vice President of the Kenai Pemnsula Arctic Winter Games 2006 Host Society, for and on behalf of the corporation. Notary Public for State of Alaska My Commission Expires: -10 - 88/15/2883 88' 56 907282~107 ALTMAN, ROGERS & CO. PAGE 81/82 K nai Peninsula Arctic Winter Games 2006 Host Society Quarterly R orr September 2, 2003 After a twenty-two month, cffon to win thc honor of hosting thc 2006 Arctic W'mtcr Games thc Kcnai Peninsula 2006 Bid Committee completed their work. Following negotiations with the Arctic Winter Games Intzmational CommiRee, the formation of a Host Society began. Incorporation Thc Kcnai Peninsula Arctic Winter Games 2006 Host Society incorporated on June 20, 2003. The Host Society conducted its first organi~o~ meeting on July 2, 2003. At this mcming, the following items were accomplished. * A twenty-throe m=mb~ Board of Directors were selected and approved by vote · The by-laws for the corporation were approved · The follow/ng officers were clccted: President, Dale Bagley; Vicc President,. David Carey; Secrctary, Jack Brown; Treasurer, Becky Foster , The fiscal year of thc corporation was demrmined to be the calendar year . Blaine Oilmau, a Kenai attorney, was voted to be the corporation's registcrcd agcnt Thc Host Society conducted a special meeting on July 17, 2003. At this meeting the. following it_ems were accomplished: The President was given the authority to establish a bank account Establishcd a monthly meeting schedtde~thc s=¢ond Thursday of cach month Authorized the Executive Committee to research office space Voted to add a representative from thc Salammof Tribal Council to thc Board Thc Boara established a hiring cornmi~ee to s~icct an administrative assistant The Board approved the following Committ:c Chairs Bill Popp~Revemm Development Colett¢ Thomp son--Administration Mark Crregory--Marketing Bob Jones---Information Technology Donna Pct~rson--Care and Comfort Allen Miller--Sports Andrew Carmich~l--Spons Facilities Ricky Oease~Cultur¢ & Car~,no~¢s ~ack Brown---Voltmtccr & Protocol ~UCC:eSSeS: 1. The Kens/P~ins~a Borough Assembly voted unanimously to contribute $200,000.00 2. Over $ ~ was donated by five local businesses 3. An admims~t/ve assistant was hired 4. Purchasing Procedures were adop~fl $. An agr~cmen! between the Kenai Peninsula Borough and the Host Soci~'ty was approved /L A ~empo~ office was established 7. The process for hiring the general manager has started 8. Host Society Representatives have met with the Congressional delegation to discuss Fedm~ funding Rcspcctfi~y Submi~ Dale Bagley, President Kenai P~i~.~ula Arctic W'm~ Games 2005 Host Society AGENDA KENAI CITY COUNCIL- REGULAR MEETING AUGUST 6, 2003 7:00 P.M. KENAI CITY COUNC~ CHAMBERS http'//www.¢i.kcnai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS ( 10 minutes) , F. DeWayne Craig-- Yearly Application for Excavation in the Right-of- Way (KMC 18.20) o Kenai Fire Department -- Automatic External Defibrillator (AED) Information and Demonstration. 3~ Lorraine Clare -- Dip Net Concerns/South Side Beach. ITEM C: REPORTS OF I~B ASSEMBLY, LEGISLATORS AND_ COUNCILS ITEM D: PUBLIC HEARINGS o Resolution No. 2003-39 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ambulance. . Resolution No. 2003-40 -- Transferring $6,500 From Contingency to Repair and Maintenance in the Airport Terminal Enterprise Fund. ITEM E: COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission . ITEM F: . ITEM G: ITEM H: le ITEM I: ,, . . e e . . ITEM J: ITEM K: . ITEM L: o 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 MINUTF~ *Regular Meeting of July 16, ~2003. CORRESPONDENCE OLD BUSINESS Discussion -- Policy Options/Kenai Recreation Center NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2009-2003 -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Ado~,*ion by the Kenai Peninsula Borough. *Ordinance No. 2010-2003 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Terminal Enterprise Fund to Replace Boilers. *Ordinance No. 2011-2003 -- Increasing Estimated Revenues and Appropriations by $6,000 in the Airport Terminal Enterprise Fund for Handicap Lift Modifications. Discussion -- Kenai Peninsula Borough/Kenai River Protection Area Ordinance-- 50 Foot Setback. REPORT OF THE MAYOR ADMINISTRATION REPORTS City Manager Attorney City Clerk DISCUSSION Citizens (five minutes) Council EXECUTIVE SESSION-- None scheduled. ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING AUGUST 6, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.u s JOHN J. WILLIAMS, PRF~IDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'03 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. dackman, Williams, and Bookey. Present were' Swarner, Moore, Porter, Osborne, A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: ADD TO: B-4, Christine Monfor-- Additional Sidewalks/Memorial Park K- 1, City Manager Report -- * . Memorandum regarding meeting.with EADS. · L. Semmens memorandum regarding financial information. MOTION: Councilman Bookey MOVED for approval of the amended agenda and Councilwoman Swarner $~OI~ED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Councilman Bookey MOVED for approval of the consent agenda as presented and Councilwoman Swamer SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams introduced Casey Reynolds, the VISTA Volunteer who joined the city to direct economic development projects. ITEM B: SCHEDULED PUBLIC COMMENTS ICENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 2 B-X. F. DeWayne Craig -- Yearly Apphcation for Excavation in the Right-of- Way (KMC 18.20) - Craig two concerns: 1) problems he had had acquiring a variance permit last year; and, 2) acquiring the proper permit to allow him to dig in his fight-of-way. Craig explained he contacted Public Works Manager Komelis relating to the excavation permit and Komelis stated he had to have a permit with bonding; Komelis did not tell him about the need for an individual permit requirement; he arranged for the use of a bonded contractor's signed permit as suggested; was told an individual license has nothing to do with the homeowner; and, was cited for digging in the right-of-way without a permit which he cannot get. Discussion followed with Public Works Manager La Shot explaining the process in acquiring a permit; noted the city does not a/low individuals to dig in the fight-of-way where there are underground pipes/wiring, etc. may be situated; the project is more involved than what Craig described. Craig was asked what his request is of coundl and he answered, he wanted to know how he could get a citation if he cannot get the permit. Williams suggested the matter be referred to adminis~ahon for review and then reported back to council. Porter suggested the code be reviewed as well and be sure there are not changes required. Attorney Graves stated he would do a summary review and talk with Komelis upon his return and report back to council, with a copy of the report sent to Craig. Kenai Fire Department -- Automatic External Defibrillator (AED) Information and Demonstration. Chief Walden explained, the State of Alaska received 150 Automatic Extemal Defibrillators (AED's) through a grant from the U.S. Health and Human Services and of those, the City of Kenai received five. He noted, four of the AED's would be placed at the Senior Center and one in the Fire Department's quick response vehicle. It is hoped additional g. ED's will be acquired and those, it is planned, will be placed at heavy traffic areas such as the airport, library, City Hall, and in each Police patrol car. A brief demonstration of the equipment was made. Lorraine Clare -- Dip Net Concerns/South Side Beach. Clare stated her residence address as 1130 Elm Avenue, Kenai. She explained her concern as city residents having to pay the $10.00 parking fee each individual time taking part in the fishery and there are others who live outside the city who pay the same price and camp, escaping additional parking costs, even though there is no KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 3 camping allowed. Clare suggested city residents be able to purchase a city permit, probably for a higher charge, but for use during the whole season. Discussion followed in which City Attorney Graves stated he would do a report for the next meeting's packet, noting there are some complications relating to differential fees due to the Public Trust Doctrine for beach access. S-4. Chris Monfor -- Additional Sidewalks/Memorial Park Monfor discussed the need for additional sidewalks at Memorial Park. She noted there were ten people already on a waiting hst. When the Park was envisioned, it was expected to grow. She understood there are budgetary problems, but because the Park is very popular, felt it would be a good thing to fred a way to fund sidewalks in the near future. Suggested the plantings could be placed prior to sidewalks being added. She also Suggested the cost of the plaque/planting be increased and the extra funds placed in a sidewalk fund. Discussion followed relating to the placement of a memorial wall where remembrance plaques could be placed. Swarner also noted placement of memorial plaques around the fountain had been discussed in the past as well. Williams requested administration to investigate the issue in order to do something this year or next spring. BREAK TAKEN: 8:12 P.M. BACK TO ORDER: 8:24 P.M. ITEM C: REPORTS OF KPB ASSEMBLY~ LI~_-ISV.ATOR_R A~,~_ COUNC~-S Will/ams briefly reported the Assembly, at their August 5 meeting, unanimously passed a resolution to place a proposition on the October ballot relating to bonding for an expansion of the Central Peninsula General Hospital. He added, the Assembly failed to pass a resolution to place a question on the ballot to increase property taxes by .05% and use those funds as financial support for the continued operation of the Challenger Learning Center of Alaska. ITEM D: PUBLIC HEARINGS D-Xo Resolution No. 2003-39 -- Authorizing the Use of the Equipment Replacement Fund to Purchase an Ambulance. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2003-39 and Councilwoman Swarner SECONDED the motion, requesting UNANIMOUS CONSENT. KEN~ CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 4 There were no public comments. Chief Walden explained, the request for funding was made because the f~re truck was up for replacement this year. Grant funds had been applied for to cover a portion of the cost, though the amount of the funds were unlauown at this time. The timeline for ordering and delivery of the vehicle is approximately seven months. Over the course of life of the vehicle, the Fire Department will have to reimburse the Equipment Fund on a yearly schedule. The use of government services to purchase the truck is being investigated, which would reduce the cost. Walden also noted, the manner in which the current vehicle was built does not allow transmission and motor replacement. The new vehicle would be modular, which would extend the life of the vehicle. The current vehicle, after being taken out of service, could be auctioned off or parted out, but should not be used as an ambulance. Bookey stated he discussed the vehicle with Walden and learned there had been over 700 calls this year w/th this vehicle. He believes the community needs the service, though it will be a challenge for the Department to fred money in their yearly budgets to repay the cost to the Equipment Fund. Bookey stated he would support the purchase. VOTE: There were no objections. SO ORDERED. D-2o Resolution No. 2003-40 -- Transferring $6,500 From Contingency to Repair and Maintenance in the Airport Terminal Enterprise Fund. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2003-40 and Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. ITEM E: COMMISSION[ COMMITTEE I~EPORTS E-1. Council on Aging -- Swarner reported the next meeting was scheduled for September 4. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 5 E-2. August 14. Airport Commission -- Jackman stated the next meeting will be held on E-3. Harbor Commission -- Bookey stated-the next meeting will be held in September. He suggested the Commission review the dip net fishery as it affects the city and requested the members of administration revolved in the fishery attend the meeting as well. E-4. Library Commission -- Moore reported a meeting was held August 5 at which the updated goals and objectives were approved; it was reported the Friends of the Library have openings on their board; the Friends' fund ra/ser has been scheduled for October 24 and 25 and funds received will be used toward general support of the library instead of going into their building expansion fund; and, there is an opening on the Comnfission formerly held by a high school student. E-5. Parks/h Recreation Commission-- Porter reported the next meeting will be held in September. E-6. Planning/h Zoning Commission -- Osborne reported on actions taken at the July 23 meeting (minutes were included in the packet). Referring to the Condition Use Permit for the business/consumer services, Swamer questioned whether outhouse uses in the city were proper and whether the building could be condemned if there are no facilities. Graves stated he would check if this is a violation of the building code. E-7. Miscellaneous Commissions and Committees E-Ta. Beautification Committee -- Swarner reported a special meeting would be held in September. E-Th. Kenai Convention/h Visitors Bureau Board -- Bookey reported the next meeting will be held in September. E-7c. Alaska Municipal League Report -- Swamer reported a discussion with a representative from another city who stated they saved money with using cell phones for long distance use and requested City Manager Snow to investigate the possibility. Williams noted AML is planning to support and request consideration for a statewide income tax instead of a statewide sales tax. E-7d. Kenai Chamber of Commerce -- Porter noted, the Chamber is working on their next fundraiser, i.e. the annual wine tasting. E-7e. Arctic Winter Games -- Moore noted the minutes of the last meeting were included in the packet. Parks & Recreation Director Frates reported he attended KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 6 the meeting and reviewed the minutes. He noted, there was a lot of emphasis in noting the meetings are open to the public. ITEM F: MINUTES F-X. ITEM G: Regular Meeting of July 16, 2003 -- Approved by consent agenda. CORRES~~ENCE-- None. _ ITEM H: OLD BUSINESS H-Xo Discussion -- Policy Options/Kenai Recreation Center City Manager Snow reviewed her memorandum included in the packet which explained six options for council's consideration. Snow explained, the issue was difficult and the court order was difficult to understand and develop options that would not violate the order. There may be other ideas council may have to discuss; she did not like all the options; and, some of the options were discussed previously. She added, the options were clearly identified and was available for questions council may have. Councilwoman Jackman asked if portions of several options could be used because there were items in several options she liked, but not all in one option. Snow stated that was acceptable. Jackman suggested Options 2, 3, and 4 as she liked portions of each of them ff used in conjunction with one another. She added, she liked rewriting the code and malting it more specific and more clearly defined; at the same time liked Option 4 as she felt the Center should be opened; and while Options 2 and 4 are happening, she suggested Option 3 in putting the contract out to a formal bid process or something similar. Jackman added, she didn't want to see the Center continuing to be closed; ff her suggestions were taken, she felt it would satisfy some of everyone's concerns involved, i.e. public, city, Boys & Girls ClUb, etc. Councilwoman Swarner requested an opinion from Attorney Graves. Graves stated they were options and many policy decisions to be made by council. He added, since the memorandum was distributed, another suggested option was to not amend the professional services section of the code, but adding a new section of the code to allow the city to do RFP's, which are different than competitive bidding, but not a total exemption from the code. Graves noted, a lot of municipalities have those sections in the code (not every community in Alaska), they are fairly standard. An option could be to amend the code to have a request for proposal section and solicit proposes from various entities instead of a competitive bid. Councilman Osborne stated he concurred with Jackman and thought the Center needs to be opened. He added, he knows of a number of people who use the facility ~NAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 7 and have called him asking why and when the facility would be opened. Osborne stated, he would like to have the facility opened and go with Option No. 4 now to get it opened while working on the other problems. Councilman Bookey stated he thought the issue would be considerably hotter to him and the general public. He noted, he had received only one email and a few people talk to him. Bookey stated, the council had been chastised in the past for hurrying the process and he wanted to take heed to that concern. Bookey added, he did not want the Center to be closed any longer than necessary, but wanted it to do it in a way that is acceptable and proper to operate (but not the City of Kenai doing the operating of the facility). Bookey suggested Options 1, 2 and 3 be incorporated together, but to be sure it is done correctly, and if it takes several months to do it, do it that way so there are no further misunderstandings with the public and courts in the future. Council_m__an Moore stated he felt the Center needs to be opened; if the city is to keep ownership of the building, it needs to be opened. However, he was not ready to jump quickly into opening the Center just because of that. He continued, with his understanding of the memorandum, he favored Option No. 2 alone, although it could be a longer process, he felt it would be more thorough solution to the problems. Moore added, when done, he wanted the solution to be long term and not somethir that would be challenged again, though it may be unavoidable to make some peopl~ happy and others not. He continued, he wanted the solution decided by council to be thorough. Councilwoman Swarner stated she was not comfortable with some of the options offered and would like to see a new section developed for RFPs, though it would be related to the other options offered by Snow. She added, she wanted to see the matter completed correctly and conformed to the court, even if it takes longer. Swarner stated she also wanted to have the Center opened as soon as possible. Councilwoman Porter stated, after reviewing the options and realizing it would be good to open the Center tomorrow, she knew that could not happen. She added, she would like to have the code amended to what it should be and then try and fred someone to operate it. Porter stated, she felt the worst thing that could be done to the community would be to bring temporary people in to operate it for two or three months and then have another possible change. Also, this would run the risk of having other things challenged. Porter stated, she wanted to have the ordinance corrected to the point where it will stand up and then have people working there and know there jobs will last for several years -- nothing temporary. Mayor Williams stated his suggested three-step process: (1) Modify the code to more correctly reflect what our vision and our view of professional services are. He added, under Title 29 gives home-rule cities the absolute fight to determine what their professional services contracts should look like. So, write the code so that it KEN~ CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 8 specifically states what those professional service contracts are. Williams added, he felt this has to be done because it appeared the only( thing the court was deeply concerned about was the fact that he could not, from the city code, justify the professional services contract being awarded to the group to whom it had been awarded. This calls into question other professional services contracts the city has in place, i.e. the Visitors Center, ice rink, f~re training center, etc. These contracts are now operating under a cloud due to this court order. For the full protection of the city and those with whom it has contracted to run those facilities, the code must be amended. (2) Once the code has been written, and RFQ should be listed requesting qualifications of all those who feel qualified to run the Recreation Center on behalf of the City of Kenai, thereby giving everyone an equal chance to present their case to the city as a qualified person capable of running the Center. (3) Once the RFQ is examined and the proper person, the most qualified, is picked, award the contract to run it. He added, he is not in favor of opening the Recreation Center any sooner than what it takes to legitimately put this thing together so as to save the city the embarrassment of having to go through this exercise again and defend its actions. dackman stated she was not wanting the Center opened immediately, but before two or three months. She added, she didn't see how bringing in former employees to operate it and probably help in the transition after finding a contractor, could cause any more problems and could meah and help heal some of the wounds that have been caused. Jackman added, that did not mean the city would rush into an RFQ/RFP or competitive bid process, but it would be a way to get the facility opened and run in the fashion it had been done in the pa~t. She added, there are qualified people to run the facility, who are willing to do it and dackman felt it would be a good gesture on the city's part and would a/so be serving the community. Porter asked, if hiring back the former employees, would they be considered city employees or contract employees. Snow stated they would be temporary city employees. Porter asked if those positions would not advertised, would that be debatable by the public. Snow answered no, the city hires temporary employees occasionally to fill in when needed in different departments without formal advertising. Williams stated, he believed part of the reason this was done xvas to bring about a better operation within the Teen Center itself. From the complaints received from the community, there were no problems with the downstairs part of the facility, nor was the downstairs of the facility going to be closed or curtailed or in any way diminished a~ was said so many times by some people were saying. He added, ma.ny of council were deeply concerned about the operation of the Teen Center itself. Williams stated, he was not w/~g to allow the Teen Center to open under the conditions in which it was running at the time, i.e. there were too many parents who came to him and other members of the council, with complaints of how the Teen Center was runmng. That KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 9 was one of the reasons why council wanted to change the operation and develop a better operational program. Williams stated he had visited the Teen Center on more than one occasion, as did some of the other council members, and was alarmed at the activities tatdng place by some of the young people there, i.e. need for police to be called, condition of the center, etc. He added, ff there is a compromise to be reached, it may be in opening the downstairs portion, but not the Teen Center until such time as the Teen Center is opened properly and under superm'sion of a qualified group wanting to run it. Will/ams stated, that was why he waa proposing steps 1, 2, and 3. Bookey stated he was not interested in opening the Teen Center, upstairs or downstairs, at this point until ever3rth~§ is in order as he believes it the prudent thing 'for the council to do. He added, ff council had not been put in this situation, six montha forward everyone would have been happy, but unfortunately the judge directed something different had to be done. Bookey stated, he would abide what the judge directed, but, was not willing and not interested in going half~ay. He wants the issue to be done specific~y, professionally, completely correct, so that this community has the beat facility going in the best way that it can be. He added, he did not believe that could be done by short-siding and opening the facility now. Bookey stated he could agree with Williams' three-step program as a start because it aligns with the f'~'st three steps of the suggested options in the memorandum. Swarner asked if there was anything further received from the court. Graves answered no, and added, since the original order the only other thing heard was a calendaring order for a pretrial conference on October 2, which is a routine hearing. He added, the city is remains under the original court order. Williams asked for an explanation of a pretrial hearing. Graves explained, it's a heating to make sure discovery has taken place and the process is progressing smoothly. It's a standard hearing; this matter will probably not go through a formal trial but would be decided on motion practice for a permanent injunction. The reason for that is there are not a lot of factual disputes, but more legal arguments. He added, there are some minor factual disagreements, but not major ones. Pretrial hearings are scheduled to make sure things are progressing. A permanent injunction would be to permanently enjoin the city from contracting with the Boys & Girls Club under the current ordinance structure, but would not prohibit the city from ever contracting with the Club. Williams stated, it is difficult because the Court is expecting the city to come to a trial mechanism in which they may permanently enjoin the city under the present code from dealing with the Club; lending emphasis that the code must be amended before much of anything can be done. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 10 Porter stated she supported Williams' three options and added, unfortunately she did not want to see any portion of the facility opened until the issue is solved as to what the city can legally do. She added, she also had a real problem with the proposal received from the past employees noting their refuaal to work under the Parks & Recreation Director and wanting to work in Public Works. She added, for her, it wa~ not a clean issue and wants it to be cleaned up. dackman stated she liked Williams' suggested compromise. She stated, (contracting with the former employees) would be an interim solution until a final solution is found and would mend some of the fences, show the city is trying to make a compromise, listen to the citizens. She added, she wanted to see something open there and wants to see the council informing the public the city is trying to do something and not sitting on it until the court decides or city decides on a solution. Jackman stated, the contract with the former employees could be put in place while decisions are being made on the other issues. Williams referred to the former employees' proposal and stated, he felt it was untimely and with problema, i.e. a group of individuala no longer employed by the city who wi~h to become employed by the city and dictating policy to management as to how it would be run and usurping the power of management after policy is set by council. Williams sm.ted he found that to be fearfi~l and employees of any sort cannot dictate to management how they will run a facility. Osborne stated he did not see any reason why the downstairs facility could not be opened fairly soon as there are former employees who, he thought, ~ould be more than happy to come back to work; there are taxpayers in Kenai who use the facility and are being deprived of that opportunity; and, he didn't see what the concern was to not open the facility right away. Moore stated, he felt if the facility were opened with temporary help, it could be the problem in another several months and he did not want to go through that again. He added, he was not satisfied that reopening the facility with temporary employees would solve anything in the long term for the city. Moore asked Williams if his step one was a hybrid of Options One and Two or only Option Two. Williams stated, he was going to defer the creation of the amendment to the code to the city attorney who would be able to develop the code rewrite properly. He added, the t/me element in developing the code would be identical, he believed, in time necessary to create the funding mechanism to open the Center. Willia~ns explained, the fun~ng would need to be created because presently it did not exist and that is a thirty-day process, i.e. to fund the Center would mean going through the proper procedures to create an ordinance to create the funding mechanism for funding the Center. He added, he felt what the public failed to recognize is that when you tamper with government, time mechanisms are created and they need to go through steps. Williams stated he would not be willing to call special meetings and have double or triple readings of ordinances ~NAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 11 to rush this through merely to have some citizens seek out a judges opinion to seek another temporary injunction. Jackman asked Graves if there were interim personnel running the facility and in another few months turned into the same situation, would the code modifications protect from having a similar problem happen, as far as letting the temporary personnel go, etc. Graves stated, his interpretation of Moore's comments were more of a political issue rather than a legal issue. Moore reminded council that it was the city's legal opinion the city was protected before. Williams stated he believed it appeared there was five to two in favoring some form of Step 1, 2, and 3 as outlined and requested that be discussed further. MOTION: Councilman Bookey MOVED to follow through in a program of Step 1, Step 2, Step 3 and to have the City Attorney start the proceedings and process to change the code to the direction of Steps 1, 2, and 3 would take us. Councilwoman Porter SECONDED the motion. MOTION TO AMEKD: Councilwoman Jackman MOVED to amend the motion to add Step 4 to have the Center open with temporary employees until the time that council accomplishes one, two and three. Councilman Osborne SECONDED the motion. VOTE ON AMENDMENT: Osborne Bookey No Moore No Porter i No Yes Jackman Yes Williams t No No MOTION FAILED. VOTE ON ~ MOTION AS ORIG~~LY STATED: Osborne Bookey Yes Moore ]Yes No Jackman Yes tPorter Williams [Yes tYes MOTION PASSED. ~NAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 12 Williams explained, as the motion stated, administration is to begin preParing a new code more clearly defining the professional services, and after that definition has been prepared, the council will review, take action upon it during the regular course of business and proceed from there. Swarner asked Graves what he saw as a time frame for the code amendment. Graves stated he would have it available for introduction at the next council meeting. He added, there are several communities with their code like the citv's current caa~ how.ever there are a lot of communities with various ordinances-~hat treat pro-f~'sional servxces differently. Graves stated he would review those codes and choose what he believes best fits the council's intent. Swarner asked, how long would awarding of the RFQ/RFP be advertised. Graves stated the city's current code did not have a strict guideline for advertising limits and fluctuates on how complicated the contract is. He noted, currently the code states the item is either advertised or mailed to three eligible vendors. Swamer stated she was hoping to know when a contract would be awarded when asked by the public when the facility would be reopened. She asked administration to have some timeframe available for council at the next meeting and who to contact as possible vendors, advertise it on the webpage, etc. Porter asked if an RFQ/RFP could be developed before the ordinance to amend the professional services definition is finished. Graves stated he could begin drafting it, but it must be put out for advertising after the ordinance is effective. Porter suggested the RFQ/RFP be advertised in the paper instead of sending it out, so that no one is excluded. Graves agreed that would be the best way to handle it. Williams stated that would be the way council and administration would proceed. He added, the reason the council take~ such a hard-nosed position on this matter is because of past lawsuits that lasted years and at very high costs. Williams added, to be sure, the matter would be handled step by step and according to the rules. ITEM I: NEW BUSINESS I-X. Bills to be Paid, Bills to be Ratified MOTION: Councilman Osbome MOVED to pay the bills and Councilwoman Jackman $~2OI~ED the mOtion. There were no objections. SO ORDERED. I-2. Purchase Orders Exceeding $2,500 MOTION: KEN~ CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 13 Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 and Councilman Moore SECONDED the motion. Finance Director Semmens noted the training for the new accounting software will now be in Kenai. Other cities on the Peninsula who will also be using this software will be allowed to sit in, but the training will be specifically for Kenai. Future refresher classes may be joint with the other cities. VOTE: There were no objections. SO ORDERED. Ordinance No. 2009-2003 -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. Introduced by consent agenda. Williams noted he, Reynolds and City Planner Kebschull will be meeting with representatives of the Kenait. ze Indian Tribe relativ- ~'~ the Plan. Williams stated he would like to have two public hearings on the ordin Council had no objections. It was noted, there were additional copies of the plan m~d its amendments available to the public and the document was on the city's website. Ordinance No. 2010-2003 -- Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Terminal Enterpr/se Fund to Replace Boilers. Introduced by consent agenda. Ordinance No. 2011-2003 -- Increasing Estimated Revenues and Appropriations by $6,000 in the Airport Terminal Enterprise Fund for Handicap Lift Modifications. Introduced by consent agenda. BREAK TAKEN: 9:44 P.M. BACK TO ORDER: 9:50 P.M. Discussion -- Kenai Peninsula Borough/Kenai River Protection Area Ordinance-- 50 Foot Setback. Councilman Bookey noted he had requested this topic be placed on the agenda. He explained, when the borough ordinance was first approved, it exempted the lower miles of the river. However, an amendment was made later to include the lower s KEN~ CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 14 miles and now controls activities of the commercial fisheries. Bookey stated, he believed the city, as a home-rule municipality, should administer these regulation~ and control the authority over the properties lying within the boundaries of the city. Thia can be done through the adoption of an ordinance. Bookey stated he was concerned about the coastal trail project and wants the city to have control on it. He added, he wanted to include all of the properties within the boundaries of the city and not only the lower six miles. Bookey stated he didn't believe this function would be expensive enforce. Council requested administration to research what would be necessary to do and bring the matter back for additional discussion. ITEM J: ITEM K: REPORT OF THE MAYOR-- No report. ,,AD~STRATION RRPORTS K-1. City Manager-- City Manager Snow reported the following: · A memorandum was included in the packet relating to valves and curb stops which was requested at a previous meeting. ]3ookey stated the information answered his question. · Referred to her memorandum regarding her meeting EADS representatives. She noted, they are still interested in leasing a building the city designs and builds on city property. She added, in January she was requested to · prepare a written report and provide a copy of it to EADS. This was done. Although there would be positive effects to the community, it would be policy call for council whether to build the facility with airport funds. A brief discussion followed in which it was noted EADS has stated they normally do not do long-term leases; they have retained a local architect; though they have stated the lessor usually pays for architect fees, etc., the code directs the lessee to carry those costs; and, EADS is one of the larges corporations in the world, there are many countries involved, and they can afford to build the building themselves. Williams suggested the city will be willing to talk with their representatives in December if they have a legitimate plan. · A memorandum was distributed at the beginning of the meeting from Finance Director Semmens informing council the audited financial statement will not be completed until October due to the extensive changes in auditing (GASB Statement 34). Semmens reviewed the report with council and explained some of the changes in the reporting. K-2. Attorney -- Attorney Graves reported the processing of uncontested traffic citations will be taken over by the city October 1; advertising will be made to KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 15 inform the public; all the money paid will be paid at city hall; and, the city will maintain the ability to attach permanent fund checks. K-3. City Clerk -- Freas noted a memorandu~m included in the packet with election date information. She also reported petitions for becoming a candidate for the two, three-year and one, two-year council seats were now and would continue to be available through August 15. ITEM L: DISCUSSION L-1. Citizens -- Bob Molloy -- Molloy stated his support of using the former employees as temporary employees to run the Center; he liked their proposal submitted to council (he submitted another copy); he supports having the Recreation Center run by the City; he personally felt it would have been great if the city had engaged the different user groups in discussions and asked what they wanted before going for a private contract; he encouraged the city contact representatives of the user groups and people who spoke on the issue if the city decides to go to an RFP, and ask them what to have in a contract; his personal concern with the contract with the Boys & Girls Club was there were no guarantees of programs the city wants to continue to be available. Krtstine Schmidt, 513 Ash, Kenai -- Schmidt's noted she was very disappointed the Comprehensive Plan would get two public hearings and advertised and the fate of the Recreation Center was made with no public input and no chance for the public to comment; there is confusion ff the contract with the Boys & Girls Club was a partnership, privatization, whether the change in policy was about funds or concerns with the Teen Center; suggested to dismiss the manager, but don't give away the facility; the options should be discussed with the public; she feels there was a lack of advertisement; suggested giving up recreation powers to the Borough; felt Option 1 would encourage arrangements that will be bad for the public; and stated her concern the council would consider taking over the enforcement of powers from the borough as she felt the system currently works fine, it will take a long time and be expensive, and it should be managed in a uniform way. Mark Necessary -- Stated he was disappointed with what was happening; felt the Commission and public comments were ignored everything; and suggested council should consider training for themselves and not just the commission members. Bookey explained he made that statement because he felt there are commissions who have a misunderstanding of what their responsibilities are and wants those responsibilities and parameters discussed with the members after the October election. Williams stated he agreed with Bookey and noted it was important all commissions and committees answer to the same rules, except Planning as Zoning. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 16 A brief discussion followed relating to when the city_ first considered using the Boys & Girls Club. It was explained they were contacted a year ago to discuss their summer youth program. The city decided to discontinue their summer program beginning this because it was a duplicate program and was in direct competition with the Club. There was no opposition. Anita Nece~aary -- Stated her concerns the decisions about the Center were made when many of the council were not users of the facility 'and that it was not good for the town to be split. Williams noted he felt the Center would have continued to function and poa~ibly been better through the Club. The programs would have been severely curtailed if the city had kept the program. L-2. Council Bookey-- Noted the following: · Welcomed Reynolds to the team. · The mil! rate needs to be updated on the website. · Questioned the policy for RIPs being parked at the Senior Center. Acting Director Isaak noted the one to which he was referring would be removed after the person completed moving into the facility. · Complimented the Police and Fire Departments for their expertise when responding to the accident on his property. · · · resident. 1. Swarner-- Noted the following: Requested comparative information on the Float Plane Basra use. Referred to the dip net revenue report and was pleased. ,John Preston, a member of the personnel board, no longer is a city Asked when the ice would be put in at the ice rink; answer was October Requested La Shot to investigate whether the building along bridge access was functional and report back. · Requested forms be included in their next packet for the City Manager's evaluation. · Agreed with Williams' earlier comments that it had been a difficult year for the city. · Reminded all of the Food Bank's annual soup supper fundra/ser which will be held on September 5. Tickets are available. Moore -- Noted the following: · Welcomed Reynolds. KENAI CITY COUNCIL MEETING AUGUST 6, 2003 PAGE 17 Impressed how the dip net fishery had evolved over the years and was looking forward to seeing a plan to allow city residents to enjoy the fishery more. Porter-- Noted the following: · Questioned the amount of water used at the ice rink, noting she had received a suggestion the city may want to put in a water well for use at the rink for the ice which would not be treated and not so much wasted from the city wells. La Shot stated they planned to investigate placing one there and at the cemetery. · Requested the back streets in Inlet Woods be cleared of debris, etc. · Suggested punch card purchases at the Recreation Center be refunded. It was noted, two calls had been received relating to this and they were reimbursed. · Received some comments of concern relating to equipment at the skate park and asked Director Frates to investigate. · Learned some cities put their newsletter on line and suggested that be investigated. Osborae -- Osborne noted the following: · Welcomed Reynolds. · Suggested administration investigate relating to co_m_ments of Mr. Craig as he had come before the Planning & Zoning Commission last year and the records would indicate actions taken. Jackman -- Welcomed Reynolds. Williams -- Noted a display van from NASA would be in Kenai from September 9-12. The Challenger Center is planning an open house and reception at that time. He requested additional security for the van and the multipurpose parking lot be swept. EXECUTIVE SESSION -- None scheduled. ITEM M: ADJOURNMENT The meeting adjourned at approximately 11:05 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI. ALASKA 210 Fidalgo Avenue, Kenai. Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 TO' FROM: DATE: RE' MEMORANDUM , Mayor Williams and City Council M,~mbers Linda L. Snow, City Manager August 15, 2003 KPBC 21.18 Anadromous Streams Habitat Protection The Administration was asked to provide further information about the Borough Code chapter referenced above. Specifically, we were asked what types of activities may be required to administer this chapter of the Borough Code in the event the City of Kenai undertakes the administration and enforcement of this chapter as prescribed by KPBC 21.18.100 Administration by cities~Delegation--Legal Proceedings. While the Administration is still in the initial stages of inquiry, John Mohorcich, KPB River Center Coordinator, provided the attached documents to me. Attachment A is a spreadsheet of permits (by type and number) issued within the city limits of Kenai since 1996. Attachment B is the Multi-Agency Permit Packet, which is distributed to the public from the Kenai River Center. Attachment C is a letter describing the Borough's cost share program for persons with eligible projects for bank restoration and protection. This is an incentive program, which combines funds from the State Department offish & Game, the Federal Wildlife Refuge, and others (KPB, KRSA, NOAA, etc.) Mr. Mohorcich has indicated that he will attend the August 22~a Council meeting with additional information and to answer any questions you may have. It is my understanding that the City of Soldoma, in conformance with KPB 21.18.100, has instituted a 100' habitat protection area, which overlays the Borough's 50', and which they administer in their Planning Department by use of a one-page form distributed at both their offices and the River Center. This allows Soldotna to track and monitor the permits within their city limits. Since the administration of this would fall to the Planning Department, I have talked with Planner Marilyn Kebschull, and we will continue to gather information as requested by Council. From' Sent: To: Subject: Linda Snow ..- Uohorcich, john [UUohorcich@boroUghi'kenai.ak.us]' Friday, August 15, 2003 11:08 AM Linda Snow KRC - KPB Permits Issued in City Limits JG CITY OF KENAI 3.xi$ Linda - here's a spread sheet of permits issued by year. The code 70 - identifies a permit for an allowable activity as defined in KPB 21.18.070 The code 80 - identifies a permit for a conditional use permit as defined in KPB 21.18.080 (a varience to the code) The code 90 - identifies a permit for a prior existing acitivity or structure as defined in KPB 21.18.090 Hope this helps.- John M <<JG CITY OF KENAI 3.xls>> HPFINDAT by Year 1996 1997 1998 1999 2OOO HPAUTH PARCELNO HPFINDAT HPREWR 70 049-060-07 03-Jun-96 KB 70 049-390-28 24-Jun-96 KB 70 Count 2 90 049-120-45 07-Oct-96 KB 90 Count 1 047-093-05 20-Feb-97 KB 049-101-02 10-Jan-97 KB 70 049-100-15 15-Dec-97 KB 70 049-390-07 21-May-97 70 049-390-08 10-Jui-97 KB 70 049-390-09 20-Jan-97 KB 70 049-390-09 12-May-97 KB 70 049-390-10 16-Dec-97 KB 70 049-390-18 31-Mar-97 KB 70 049-390-20 24-Jun-97 KB 70 Count 8 70 049-014-01 05-Aug-98 JM 70 049-120-42 29-Jun-98 JM 70 049-120-44 19-Jun-98 JM 70 049-261-30 03-Aug-98 JM 70 049-370-11 01-Jun-98 JM 70 049-390-08 29-Jun-98 JM 70 049-390-08 13-Oct-98 JM 70 049-390-09 22-May-98 JM 70 049-390-10 06-May-98 JM 70 049-390-22 19-Jun-98 JM 70 049-390-28 21-Apr-98 JM 70 049-390-32 08-Apr-98 JM 70 049-450-03 22-Jun-98 JM 70 Count 13 70 70 Count 70 70 70 70 049-261-11 05-May-99 JM 049-390-17 14-Jul-99 JM 049-430-12 22-Jul-99 JM 1 049-261-10 27-Dec-00 JC 049-310-10 18-Sep-00 JM 049-370-11 08-Mar-00 JM 049-370-11 25-Apr-00 JM 2001 2002 2003 70 70 70 Count 70 70 70 70 70 70 70 70 Count 70 70 70 70 70 70 Count 80 80 Count 90 90 Count 70 70 70 70 Count Grand Count 049-370-11 049-390-40 049-261-10 049-261-31 049-370-11 049-370-11 049-390-52 049-430-12 049-430-12 049-390-21 049-101-06 049-370-11 049-390-08 049-390-17 049-430-02 049-390-10 049-390-31 049-100-16 049-390-52 049-370-11 049-390-08 049-390-17 10-Oct-00 JM 12-May-00 JM 6 02-Nov-01 JC 31-Aug-01 JM 21-Feb-01 JM 23-Oct-01 JM 24-Apr-(71 JM 21-Jun-01 JM 19-Dec-01 JM 7 17-Aug-02 JC 17-Sep-02 JC 29-Apr-02 JM 10-Sep-02 JM 09-Jul-02 JM 05-Mar-02 JM 5 02-Aug-02 J M 1 25-Jun-02 JM 1 10-Mar-03 JM 01-May-03 JM 17-Mar-03 JM 02-May-03 JC 24-Mar-03 JM 3 55 i Multi-Agency Permit Packet C E N T E I~ This Packet Contains: Kenai River Center Multi-Agency Permit Application Coastal Project Questionnaire & Certification Statement Site Plan Instructions & Checklist with Examples Directions'. Please answer all questions completely. If a question does not pertain to your activity, write "N/A". Project drawings and descriptions are an important part of your application. Please draw carefully and be sure to include the information outlined in the Site Plan Check List. Site plan examples and paper are provided. --- Complete applications generally take 30 days to process; be sure to plan your projects accordingly. All activities or projects that cantilever over or extend into the waters of the Kenai River require a Park Use Permit. A $50 non-refundable application fee payable to the State of Alaska is required for all Park Use Permits. Some projects within the 50-foot habitat protection area may require a conditional use permit subject to approval by the Kenai Peninsula Borough Planning Commission. As part of this process, proper~ owners within a 300- foot radius of the activi~ or pro~ect are notified by mail. Certain habitat protection projects may qualify for a tax credit and/or tax exemption. RETURN COMPLETED PERMIT APPLICATIONS TO: KENAI RIVER CENTER 514 FUNNY RIVER ROAD SOLDoTNA, AK 99669 FOR MORE INFORMATION, PHONE (907) 260-4882 OR FAX (907) 260-5992 Multi-Agency Permit Application NOTE: YOU MIGHT BE CONTACTED BY AN AGENCY REQUESTING FURTHER INFORMATION ON YOUR APPLICATION. At)t)licant Information: _ _ Parcel Information' Name: Mailing Address: City, State, Zip: Phone (home/work): Fax & E-mail: Lot: Block River/Stream Name: Subdivision River Mile: KPB Parcel Right El or Left l-'1 bank? (Looking dom-stream) Cell Phone: Please complete the following: 1) The project is located within the city limits off Soldotna F1 Kenai l-'l Neither U] 2) This project is located within Moose Range Meadows Subdivision, within the K_NWR? Yes l-I No 12 If yes, is the project within one or both of: - the variable non-development easement? Yes F1 No 12 Not Suref-! - the 25-foot public use easement? Yes 1-1 No Fl Not SureFl 3) The project is located within 50-feet of the ordinary high water (OHW) or mean high water (MHW) of an anadromous stream? Yes ~ No 12 Not sure where OHW or MHW line is 12 4) Does any portion of the project cantilever or extend over the OHW or MHW of the stream? Yes 12 No [:] Not sure where OHW or MHW line is F1 5) Does any portion of the project extend below the OHW or MI-IW line of the stream? Yes l-I No ~ Not sure where OHW or MHW line is Fi 6) Does this project replace a prior existing structure? Yes 1--1 No 1'-1 7) Will material be extracted or dredged from the floodplain or river bed? Yes F1 No ~ If yes, what type? 8) Will material (including spoils, debris, or overburden) be deposited in the floodplain or river'? Yes, temporarily Ul How long? Yes, permanently [2 If yes, what type of material is it? Where in the stream will the material be deposited? 9a) List all motorized equipment to be used on this project: Amotmt: No [2 9b) What motorized equipment will be used below OHW or MHW? K.RC: PAGE 1 06/02/03 Multi-Agency Permit AppliCation Page 2 9c) Length of time motorized equipment will be used below OHW? 9d) Length of time motorized equipment will be used above OHW? 10) Directions to the site: 11 ) Surface area in acres of wetlands or other waters filled: 12) Is any porUon of the work already complete? Yes ____ No ~ . If Yes, descnbe the completed work: 13) Addresses of Adjoining Property Owners, Lessees, etc., whose property adjoins the waterbody (If more than can be entered here, please attach a supplemental list). X SIGNATUI:~ OF APPLICANT DATE STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, information in support of this permit application. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF AGENT DATE 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. KRC' PAGE 2 06/02/03 Site Plan Instructions & Checklist C F... N T F.. K. Directions-. .- Print your name, date of drawing, the number of the sheet and total number of sheets in the set (e.g. Sheet 1 of 2). Indicate the scale of your drawing and show a North arrow. The scale need not be the same for every drawing. -- Submit one original set of drawings on 8 ~ x 11 paper. Provide as much detail as you can; however, please submit the fewest number of sheets necessary to adeqnately show the proposed activity. -- The TOP VIEW drawing should show your project in relation to: * the distance from ordinary (or mean) high water of the stream; * property lines and any adjacent streets by name; * any nearby structures, such as houses, outbuildings, fences, etc.; * any easements and/or location of any nearby utilities. The ELEVATION OR SIDE VIEW drawing should show your project in relation to: * the distance from ordina~ (or mean) high water of the stream; * elevations above ground level. .- Be sure to include all dimensions and types of materials used on the project. .-. Since the drawings will be photocopied, color shading may not be used. Instead, use dot shading, cross-hatching, or similar graph~ic symbols. PLEASE SEE EXAMPLES ON BACK To whom it may concern, The Kenai Peninsula Borough, Kenai River Center is receiving information on future proposals for cooperative bank restoration and protection projects along rivers in the borough. The intent of this letter is to describe the process and establish a list of interested parties to be considered in the program, if you sign and return this letter to the Kenai River Center, your name and address will be entered into our database and all of the necessary applications will be mailed to you when we have confirmed funding availability. Please complete page two of this letter as completely as possible and return the packet to the Kenai River Center. A complete application packet will be mailed to you that will be required for permitting the project. The packet will include- ACMP - Coastal Project Questionnaire (REQUIRED) The Kenai River Center multi-agency permit application (REQUIRED) A written description of the project as you envision it (REQUIRED) Side view and top view drawings of your project, including such things as property boundaries, location of existing and proposed structures, dimensions of new structures, types of materials to be used, kinds of plants to be used in revegetation and the ordinary high water mark. (REQUIRED) Estimate of material and labor cost of the proposed project (REQUIRED) Photographs of your property riverfront (Optional, but helpful) After we receive the completed application packet, a coordinated agency review of your project will occur. Department staff will set up a field inspection and a consultation meeting with you to discuss your project, various alternatives, project scheduling, and suggested plan revisions to optimize restoration efforts. If your project is chosen as part of this program, a Cooperative Agreement will be signed. Once the Cooperative Agreement is signed, then the same application packet, drawings and project description that you submitted will be used in the normal agencies permit review. Most permits can be issued within 30 days of both the applicant and the Service signature of the Cooperative Agreement. No purchase of project materials or construction may occur under this funding until the Cooperative Agreement is signed by both parties and all applicable permits have been issued. You have expressed an interest in applying for a-joint restoration matching funds program (the "Program") for a bank restoration, bank stabilization, or river access project on your property adjacent to a river. Projects will be selected based on their value in restoring, protecting or promoting fish habitat. Projects must use methods or technologies that not only provide for bank stabilization and rehabilitation but also protect or improve fish and wildlifo habitat. Examples of successful projects include, but are not limited to: bank stabilization techniques, including rootwads, bio-engineered banks and cable spruce trees; construction of light-penetrating access structures such as boardwalks, decks and stairways; protection of existing bank vegetation; revegetation of eroded banks; and the removal of structures detrimental to salmon habitat such as jetties and bulkheads. If you would like your project to be considered under this funding, please sign and return this letter to the Kenai River Center, 514 Funny River Road, Soldotna, AK 99669, cio John Czarnezki. If you have any questions please call John Czarnezki (907) 260-4882. John J. Mohorcich Kenai River Center Coordinator Kenai Peninsula Borough funds for the restoration/access project as described above. Applicant Signature Instate Address: Street Address City, State & Zip Date Printed Name Out of State Address: Street Address City, State & Zip Phone PhOne E-mail address: KPB Parcel #: Name of River: Lot #, Block # & Subdivision: The following is a list of the types of projects that we have handouts that we can send you to assist you in designing your project. Please check the ones that you would like additional information on and we will send them in your application packet. Elevated Light Penetrating Walkways, Decks and Stairs Spruce Tree Revetments Vegetated Cribbing Hedge Brush Layering Brush Layering Coir Logs Live Siltation Dormant Willow Cuttings Live Willow Staking Live Bundles (Fascines) Grass Rolls Rootwads Z Z 0 uJ o Z .T: = 0 o,',' ~0 n,, Z w~_ ~' u.I 0 LU ¢[ 0 n ~ uJ r~ -- LU ~ 0 W LU 0 "~ ~ 0 I- Z I,U Z 0 0 0 0 r~ LU 0 "r' z o o 0 ,',' o o o o o o o o I,.- o3 03 cz) z o i-: a. -- Z O_ <C ~ ~ Z 0 (/3 -' Z < n," I-- IZ 0 o ~ n n w 0 0 n- n~ 0 -r' n,.z Ou- mO F- Z O3 Z r~ F-- 'T' -- Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2012-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.15.050 TO BETTER DESCRIBE AND CLARIFY THE MEANING OF "CONTRACTUAL SERVICES OF A PROFESSIONAL NATURE." WHEREAS, KMC 7. ! 5 covers the purchase of supplies, material, equipment and contractual services by the City of Kenai; and, WHEREAS, the Kenai Municipal Code provides for purchasing by competitive bidding unless exempted by KMC 7.15.050; and, WHEREAS, KMC 7.15.050(5) provides for an exemption from competitive bidding for professional services by exempting "contractual services of a professional nature, such as engineering, architectural, and medical services"; and, WHEREAS, the City of Keno5 has traditionally considered facilities management to be contractual services of a professional nature; and, WHEREAS, under that interpretation the City of Kenai entered into facilities management contracts for such facilities as the fire training school and the visitors and cultural center; and, WHEREAS, consistent with that interpretation, the City of Kenai entered into a professional services contract with the Boys and Girls Club of the Kenai Peninsula for facilities management of the Kenai Recreation Center; and, WHEREAS, the superior court in the case of Friends of the Recreation Center, Inc. and Mark Necessary, Anita Necessary and Clifford Massie v. City of Kenai, 3KN-03-503 CI, ruled that facilities management was not professional services under KMC 7.17.050(5); and, WHEREAS, the City of Kenai disagrees with the superior court's interpretation of KMC 7.15.050(5) but recognizes that due to the length of the appellate process and the need to utilize professional services in the interim that KMC 7.15.050(5) should be amended to clearly explain what is considered professional services; and, WHEREAS, the amendment to K/VIC 7.15.050(5) will add a definition of "professional services"; and, WHEREAS, the amendment will also add the examples of accountants, auditors, appraisers, facilities management, land surveyors, financial consultants, attorneys, planning consultants, economists, computer programmers and system analysts, insurance consultants and risk analysts, insurance providers and other specialized consultants that the City considers professional services; and, Ordinance No. 2012-2003 Page 2 of 2 WHEREAS, after this ordinance becomes effective, the City intends to advertise a request for a qualifications for a professional services contract for facilities management of the Kenai Recreation Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.15.050 is amended as follows: 7.15.050 Purchases, when competitive biddi~ng not required. The following may be purchased without giving an opportunity for competitive bidding: (1) Supplies, materials, equipment, or contractual services whose cost does not exceed $10,000 in a sin§le transaction; (2) Supplies, materials, equipment, or contractual services which can be furnished only by a single dealer or which has a uniform price wherever bought; (3) Supplies, materials, equipment, or contractual services purchased from another unit of §ovemment at a price deemed below that obtainable from private dealers, including war surplus; (4) Contractual services purchased from a public utility corporation at a price or rate determined by State or other §ovemment authority. (5) (CONTRACTUAL SERVICES OF A PROFESSIONAL NATURE, SUCH AS ENGINEERING, ARCHITECTURAL, AND MEDICAL SERVICES;] Professional services. Professional services means those advisory_, consulting, architectural, management, en~eering, research or development services that involve the exercise of discretion and independent iudgrnent together with an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Examples of professional services include, but are not limited to, accountants, architects, appraisers, engineers, facilities mauagement~ land surveyors, auditors, medical services, financial consultants, attomeys, planning consultants, economists, computer programmers and system analysts, insurance consultants and risk a_naJVsts, insurance providers and other specialized consultants. (6) Supplies, materials, equipment or contractual services purchasable under the contract of another governmental agency in which contract the City is authorized to participate. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of September, 2003. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: August 20, 2003 September 3, 2003 October 3, 2003 Suggested by: Administrati( City of Kenai ORDINANCE NO. 2013-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,056,207 FOR AIRPORT GRANTS. · WHEREAS, the FAA has offered a grant to Modify Terminal ADA Access, Sidewalks, RamPs; Roads, Drainage and Acquire ADA' Passenger Lift Device in the amount of $990,194; and, WHEREAS, the State of Alaska is providing matching grants of $33,006; and, WHEREAS, it is in the best interest of the City of Kenai to accept these grants and abide by the grant conditions; and, WHEREAS, the required local match of 3.125% is $33,007, which is available in the fund balance of the Airport Land System Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Terminal Modifications Capital Project Fund Increase Estimated Revenues: FAA Grant State Grant ' Transfer from Airport Fund $ 990,194 33,006 33,007 $ 1,056,207 Increase Appropriations: Administration Engineering Construction Equipment $ 15,000 154,000 854,207 ,,3,,3,000 $ 1,056,207 Airport Land System Special Revenue Fund Increase Estimated Revenue' Appropriations of Fund Balance $ 33.007 Increase Appropriations: Transfer to Capital Projects Funds $ 33,007 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (08 / 14 / 2003) hl Introduced: Adopted: Effective: August 20, 2003 September 3, 2003 September 3, 2003 APPLICATION FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: Application Preapplication I~] Construction I'-! Construction I"] Non-Construction !-! Non-Construction 2. DATE SUBMI~ ~ ED August 4, 2003 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY OMB Approval No. 0348-0043 Applicant Identifier State Application Identifier Federal Identifier 3-02-0142-3103 5. APPLICANT INFORMATION Legal Name: City of Kenai, Alaska Address (give city, county, state, and zip code) 305 N. Willow, Suite 200 Kenai, AK 99611 EMPLOYER IDENTIFICATION NUMBER (EIN): 8. TYPE OF APPLICATION: ~ New ~ Continuation If Revision, enter appropriate letter(s) in box(es): A Increase Award B Decrease Award D Decrease Duration Other (specify) Revision [2[2 Increase Duration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER TITLE: Airport Improvement Pro~ram (ALP) 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Kenai, Soldotna, Nikiski, Sterling, Kasilof Organizational Unit: City of Kenai Name and telephone number of the person to be contracted on matters involving this application (give area code) Rebecca Cronkhite, Airport Manager (907) 283-7951 7. TYPE OF APPLICANT: (enter approprfate letter in box) A. State H. Interdependent School District B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tdbe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special Distdct N. Other (Specify) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Modify Terminal ADA Access, Sidewalks, Ramp' Roads, Drainage and Acquire ADA Passenger L Device 13. PROPOSED PROJECT Start Date Ending Date 4/29/03 8/30/03 15. ESTIMATED FUNDING a. Federal b. Applicant c. State 14. CONGRESSIONAL DISTRICTS OF a. Applicant Alaska b. Project Alaska d. Local e. Other f. Program income g. TOTAL $ 990,194 .oo $ 33,007 .oo $ 33,006 .oo $ 1,056,207 .oo 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. NO [~ PROGRAM IS NOT COVERED BY E. O. 12372 r--] OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ~ Yes If yes, attach an explanation [~ No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a. Typed Name of Authorized Representative I b. Title c. Telephone number Linda L. Snow [ City Manager (907) 282-8222 d. Signature of Authorized Representative e. Date Signed Previous Editions Not Usable Authorized for Local Reproduction Standard Form 424 (RE~, Prescribed by OMB Circular ~-, FROM' KFLT-KLF PHONE NO. ' 9072~05412 Aug. 07 200~ 11'4~ DRAFT DRAF~ DRAFT DRAFT A RESOLU~ON OF THE CITY OF KENAI COUNCIL, SUP~R~G WATER QUALITY MONITORING OF THE KENAI RIVER WATE~HF~. WHEREAS, ~e residents and failles of the City of Kcna[ rely on fishing, tourism and other economic pursuits which require healthy fisheries and intact aquatic ecosystems; WHEREAS, the City of Kensi is signatory m a Memorandum of Understanding with 13 omer entities supporting baseline waier quality monitoring; WHEREAS, lhe City of Kanai has volunteered thc services of two employees for four days per year for the past three years: WHEREAS, the baseline dam collec~on effort lcd by thc Kcnai Watcrshcd Forum has demonsu'a~ed resuks ~at water quality is a concern dmt is affected by ~c upsircam of the City of Kcnsi; WR~I~kS, once a waterbody becomes polluted, th~ fcAeral clean water act imposes expensive rcmediation mqu~cnts and mandawry restrictions on business aaivifics, and as a msuR, preventing polhnion ~mu~h acfiv~ monitoring is th~ most cost effective and logical course of action to pro~ct our fisheries and our wa~r quality: WHEREAS, ~ State D~panm~t of Environrneu~l Conservation recently proposed to cease prevenmQve wa~r quality monitoring, ~o focus only on r~stomfion moni~ring, and has chosen W ~ funds lradifionally passed through zo local groups, which have contribu~t substantial economic bcncfit to local communiQcs; NOW, Tm~RE~RE, BE IT RF~OLVED THAT THE CITY OF KENAh SECTION 1. That the City of Kcnai hereby opposes thc ADEC's recently proposed direction for smiewide wau~r quality monitoring, and urges ADEC to reconsider iu preliminary de. sion in ardcr to support scientifically d~fcnsiblc and cost effective war~r quality data collection by properly trair~ volunteers. SECTION 2. That a copy of this resolution b~ sent to Oovemor Frank Murkowsl~ U.S. Senators Ted S~evens and Lisa Murkowski, U.S. Rcpres~fiv¢ Don Young, Alaska Senators Thomas Wagoner and Rcpresontative Mike ChenauR. SF.~TION 3. That this resolution I~'omes ¢ff~tive immediately upon its enactment. nal Municipal Airport Memo To' From' Date: Subject: Linda L. Snow- City Manager Cronkhite - Airport Manager Rebecca August 14, 2003 Yukon Fuel. Renewal/Revision of Special Use Permit HISTORY: In March of 1998 a Special Use Permit granting Kenai Airport Fuel use of approximately 20,000 square feet of ramp space for fueling, loading and parking of aircraft was approved. This permit was assigned to Yukon Fuel in March of 1999. As part of the permit process the Airport paid to have the area seal coated to protect the pavement. This protection is necessary because the older aircraft used to haul fuel are equipped with radial engines tl~at leak oil and other fluids onto the pavement thus causing damage. The Special Use Permit stipulated that the Permittee would repair and maintain the area as necessary. The area involved in the original Special Use Permit does not accommodate the traffic currently using the space, which causes those aircraft to park off the seal coated area. The repeated use of this additional area is causing damage to the unprotected asphalt. ! discussed this concern with the Anchorage office of Yukon Fuel and they agreed to pay for re-applying sealant to the original area and coating the additional space required to accommodate their operation. In our agreement, the area is expanded but the permit fee remains the same because of the initial cost to Yukon Fuel for the coating of the pavement. Independent estimates for the City to seal coat the area exceeded $10,000. Even if the permit fee were doubled, it would take 10 years just to recover the cost of the sealant, which has a life expectancy of five years. I believe it is in the best interest of the Airport to have Yukon Fuel apply the seal coat and sign a Special Use Permit with the permit fee remaining at the rate of $500.00 per year. www.ci.kenai.ak,.us. Page 1 of 1 SPECIAL USE PERMIT THE CITY OF KENAI (PERMITTOR) for the considerations and pursuant to the conditions and requirements set forth below, hereby grants to YUKON FUEL COMPANY, INC. (PERMITTEE), whose address is~.510'"L" Street, Suite 310, Anchorage, Alaska 99501, the non- exclusive fight to use that area described below' An area of the Kenai Municipal Airport Apron extending Northwest 293 feet from the Northwest boundaries of Lot 4, Block One, F.B.O. Subdivision and Lot 3A-l, F.B.O. Subdivision, South Addition No. 2, situated withih the NW 1/4, SE 1/4, Section 32, T6N, R11 W, S.M., AK, Kenai Recording District, an area of 35,000 square feet, more or less. (As shown in attached Exhibit A.) 1. TERM: This special use permit shall commence on the 1 ~t day of September, 2003, and shall extend to and tlu'ough the 31 ~t day of August, 2006. 2. PERMIT FlY. ES: The Permittee shall be charged a permit fee of $500.00 plus applicable sales tax per year this permit is in effect. 3. II~qE: The use by the Permittee of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided. This use is subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. Use of the above-described premises 'is subject to the following conditions' 'A. The road across the permitted area shall continue to exist, however, the Permittee may block the road within the permitted area while fueling planes. Most wing fueling will continue to be from trucks. B. The Permittee will seal coat the permit area within the first 30 days of occupancy as a maintenance measure. The Permittee must maintain and repair the permit area as necessary to keep the area to that standard. C. The Permittee shall implement fuel containment and enforcement of storm water requirements as required by' the State Department of Environmental Conservation and the United States Environmental Protection Agency. Special Use Permit- Page 1 of 3 D. The Permittee agrees to hold the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the Permittee, his agents, employees, customers, invitees, or arising from or out of the Permittee's occupation, or use of the premises herein permitted, or privileges granted, and to pay all costs connected therewith. Permittee shall, at the expense of the Permittee, keep in force during the term of this agreement, insurance covering its activities in the permitted area under this permit in the same amounts and coverage as required in Paragraph 14 of that certain lease agreement between the City of Kenai and Yukon Fuel Company, Inc. (by assignment) for Lot 4, Block 1, F.B.O. Subdivision, according to Plat #78-255, located in the Kenai Recording District, Third Judicial District, State of Alaska, and recorded on Book 369, Page 694 at the Kenai Recorder's Office. 5. FORItF, AR~,NCE: Failure to insist upon a strict compliance with the terms, conditions, and requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. DATED this_._._ day of ,2003. PERMITTOR: CITY OF KENAI By: Linda L. Snow City Manager PERMITTEE' YUKON FUEL COMPANY, INC. By: Title: Special Use Permit- Page 2 of 3 Approved as to form: Cary R. Graves City Attorney STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTWY that on the day of ,2003, LINDA L. SNOW, Kenai City Manager, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the______ day of ,2003, (for Permittee), being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires' Special Use Permit- Page 3 of 3 x LU ' I ' Oo ; £, ,,' .. Yukon Fuel Company YU~U~ I-U~L _ ['9071 777-558! p.! March 17, 2003 Klm Howard, Assistant to the City Manager City of Kenai 210 Fidalgo Avenue Suite 200 Kenai, AK 99611-7794 DELIVERED BY FAX: 907-283-3014 Dear Ms. Howard; Yukon Fuel Company currently enjoys the benefit of a Special Use Permit on the Kenai Municipal Airport Apron which expires this day, March 17, 2003. I have conceptually discussed with Rebecca Cronkhite our ongoing operation and the continued use of this permit. On her advice, I am respectfully requesting the extension of this permit on a month-to-month basis. This will allow us to examine the possible expansion of this permit to better suit our long-term operation at the Kenai Airport. you have any questions or require additional information, please do not hesitate to contact me at 907-777-5535. Sincere perations Manager Fuel Company t: c: 907.441 f: 907.777,556.1 e: !!ennings@yuk0nfuel.com . .www..yukonfuel.com - IKENAI i EO. Box 2937 $oldotna, AK 99669 (907) ;)60.5449 www. kenaiwa~ershed.or~, July 31, 2003 City of Kenai 210 Fidaigo Ave., Suite ~00 Kenai AK 9961 1-7794 Dear Mayor John Williams E, City Council Members, Thank you! On behalf of the Kenai River Festival and the Kenai Watershed Forum, we would like to thank City of Kenai for your support of the Kenai River Festival 2003. This year's family event was a huge success with record numbers and fantastic weather! We hope you all were able to attend and ioin the festivities. In recognition of your generosity, I have enclosed a Certificate of Appreciation with photos from the Festival. Additionally, I have enclosed copies of the sponsor ]'hank You advertisement that ran in the Peninsula Clarion on July i Sth. We look forward to continuing to work with City of Kenai to promote activities that help keep our river healthy and productive for generations to come. Thank you a~ain for your support! i~.ncerely, .J~sse~yn ~uri<e ..?J(enai Watersfied Forum '~.~£/zen$-"-:---- ~'ork'jli,__~ £o_E£17~rc, [Dr r',,~mml/n/rv ~t;-.~nrv tt~ .~ np~/rnt/ 0 0 0 N Memo To: Froll~ Dm: Linda Snow, City Manager Chuck Kopp, Chief of Police August 14, 2003 July 2003 Report July saw peak activity levels, which is customary for this time of year. The Kenai Police Department responded to 732 calls for service. The Communications Center received 1,063 911 calls for emergency assistance. The high 911-call count is due to recent upgrades to the Borough's automatic call distribution system that allows public safety answering points to handle a higher volume of calls. "Dipnet Days" (July 10 - 31) was well attended by residents from throughout Alaska. This fishery heavily impacts the police department in every aspect. The seasonal enforcement officers were of great value in keeping the fishery ordedy through enforcement of municipal ordinances. A 2003 Dipnet Fishery report will be included in the Council packet for the first meeting in September. Mom than 20 significant felony cdminal investigations were initiated in July. They included multiple forgery/theft cases, burglaries, vehicle thefts, sexual assaults, assaults, and drug trafficking. Suspects in most of these cases have been arrested or are pending Grand Jury indictment. One drug trafficking case from June was forwarded to the U.S. Attorney in Anchorage for prosecution. Federal grand jury indictments are expected later this month against a Nikiski resident for trafficking drugs while in possession of a firearm, and for possessing a methamphetamime lab. Investigator George conducted a Bike Safety Presentation for the Boys and Gids Club. Sgt McBride gave a presentation to the Wooclland Subdivision Neighborhood watch committee. He also participated in the roll out of the "bear safe neighborhood" in Valhalla Subdivision. Investigators Langseth and Miller attended a three-day Cybercnme class in Anchorage. Investigator Langseth taught a Police Traffic Radar Certification class to officers from KPD and other Peninsula law enforcement agencies. Officers George and Ross attended a Crisis Negotiation School. Sgt McBride and Investigator George attended an Intemet Crimes Against Children taskforce meeting/training in Homer. Chief Kopp is working with the Kenai Peninsula Borough Office of Emergency Management on a long- term public safety communication plan. The overall goal is to improve public safety through a well- coordinated, ordedy program of upgrades to emergency communications systems throughout the Borough. CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET . KENAI, ALASKA 99611 (907) 283-7666 · (907) 283-8171 fax e-mail' kfdept(a~.ci, kenai.ak.us August 11, 2003 TO: Subject: Linda Snow. City Manager Scott Walden, Fire Chief July 9 - August 11, 2003 Department Report The department responded to 678 emergencies to date. 115 times in this period including four fires and two search and rescues. Worked with Kenai Police in requests for funding through the Office of Homeland Security for Emergency Operation Center (EOC) upstairs at training center. Met many times with Borough OEM and other emergency service providers regarding grant. Partial funding for this round was approved. Participated in the Military WMD exercise held over three days at the training center. Confirmed Spruce Bark Beetle Mitigation Program includes city fights of way and public and private property- completed clearing Challenger Center area; SBBMP began evaluation of other property in the City. Finalized ambulance specs. Worked with administration on research and approval of government purchase process based on recent Borough bids and purchases for similar vehicles - Council authorized expense on August 6th. Received Automatic Extemal Defibrillators (AED's) via 100% federal grant to State. Demo for Council, and continue working with Senior Center Director and review by City attorney for placement of same. Completed two airport related hot drills at training center. Completing painting and maintenance of fire hydrants in cooperation with W & S. Hosted car seat checks with Kenai Peninsula Chapter of Safe Kids. Participated in Boys and Girls Club National Kids Day Celebration. Monthly Report For Au.qust 20~ 2003 Keith Kornetis~ Public Works Manager Wetlands Protection - S. Spruce: We have received the $12,000 US Fish & Wildlife matching grant that l applied for. This is to help prevent damage to the wetlands near the North Beach Parking. The project will block vehicle access into the wetlands off of S. Spruce and the trail from Municipal Park. It will encourage the trail use instead of driving on the wetlands. Signage is also included. The city's match will be in-kind (concrete piling, gravel, signs, and labor). Boating Facility Launch Ramp and Road Exit: The sum of $350,000 is being reappropriated from a DNR land purchase that originally was for a boat launch near Cunningham Park. I am looking into a road exit from our Boating Facility to Bridge Access Road. i am working with the Conservation Fund representative about crossing their land with this exit road. They would consider the city purchasing an area for the road and the large parking lot already established on this property. We ran out of parking area this year during the dip net season. Moving the boat storage would give us the room that we need. Basin View~ Toyon Way~ Schooner Circle~ & Pillars: All of these projects have been paved. We still have topsoil and seeding to do. Them are additional utility relocations to be done on Basin View, and we are negotiating with HEA. I did have money in the budget for relocations. The road width is reduced on the south end of Dolchok Lane because of major excavation and utility relocation costs. This was explained in the many public meetings that were held on the project. The road at that point only services one lot. We have paved the road to the lot because it is in the right of way, and we do plan on maintaining it. To continue the road at its full width would have been very expensive and not fair to the others sharing the costs. New Well House 4: I am working with DNR on purchasing or leasing a site adjacent to the sewer interceptor line near Beaver Loop Road. I sent in many permit applications. If we put in a well at this site, a water main parallel to the sewer interceptor would be needed. I plan to continue with the Kraxberger Drilling contract at this new location. Brid_oe Access Road W & S Feasibility Study: Wince-CortheiI-Bryson is the engineering consultant on this project. It is being paid for by an Alaska DEC and a Federal EDA grant. They are working on the contract amendment for preliminary design. This project will be ready for construction. Dip Net Fishery: The total revenue for parking and the boat launch was $107,273. Bob Frates, Klm Wannamaker, and I have some suggested changes for next year that should increase the revenue. This committee will be meeting shortly. Streets: We have cleaned and sealed asphalt cracks on roads and airport, pa[ched potholes with asphalt, graded roads, swept roads and parking lots, moved the skateboarci park and fencing, removed trees and brush around the Multi-Purpose Center, cemetery, trails, fence in our yard, and around storm drains, cleaned and hauled mud from boat ramp, built and installed signs, set up for the city auction, scraped vegetation off the roads in Inlet Woods, and provided barricades for the Women's Run. Water & Sewer & STP: We have repaired fire hydrants, installed hydrant bollards, cleaned sewer lines, received and moved chemicals, received and changed over to a new data line at Well 2, cleaned the strainers on the vactor truck, calibrated CL 17 at Well 3, and restarted the PLC at the Public Safety Building. The STP has finished the outside painting for this year, cut the pavement in the parking lot in preparation for installing a conduit to the digester for the level transmitter, and prepared for the SHARP (AK-OSHA) inspection on August 21. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAL ALASKA 99611-7794 TELEPHONE 907-283-753S ~ FAX 007-2113-3014 kFdld MEMORANDUM TO' FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manag..~ August 14, 2003 Department Report for Council meeting of August 20, 2003 A Public Works bid information sheet is attached. The City auction is Still scheduled for Saturday, August 23, starting at 9 a. m. HEA is joining us with their surplus items. Ideal Auction Services will be the auctioneer. Information has been requested regarding the unfinished building at 1089 Bridge Access Road. A building permit was issued in 1992. The last inspection was done in 1993 when construction stopped due to the health of the owner. No known work has taken place since, and the building permit has lapsed. As the building is secured and hasn't been a problem as an attractive nuisance, or in other ways, there does not appear to be any action the City can take at this time. Also for information, a building permit has been issued for reconstruction of the Home Depot Building, and the goal is have the store finished shortly before Christmas. We have also made the decision to replace the HVAC unit above the restaurant in the airport terminal as mentioned in my memorandum to you on July 31, 2003. The cost to repair the heat exchanger is more than half the cost of replacement. m nal Municipal Airport Airport Manager's Monthly Report August 8, 2003 Meeting with FAA on Runway Extension Project: On August l~t the Airport Manager, Phil Bryson, and Jack LaShot traveled, at the FAA's request, to Anchorage to meet with them concerning the ongoing Environmental Assessment for the runway extension project. The meeting was requested due to concern over statements made by Phil North at a recent informal or "pre-scoping" meeting on the Environmental Assessment Project. The FAA expressed concern that comments received from Mr. North at the recent informal scoping meeting are good indicators as to the amount of scrutiny that future development work would get. To address these concerns the FAA is requiting the Airport conduct a Supplemental Planning Analysis prior to proceeding with the Environmental Assessment. The final result of these inquires will not be known for some time; at worst, the extension of the runway could be in jeopardy, at best, the project will suffer some delay. There is not enough information available at this time to provide a full analysis of all the potential ramifications. Terminal Display: Bill Kent, of the SOA/DNR called to schedule the final installation of the new terminal display for September 3-5th. We will be taking the old display down the end of August and prepping the walls for the mural. This project has taken almost two years but the result should be worth it. Thank you to Councilwoman Swarner for representing the City and Airport at numerous meetings to organize, plan, and design this project. Bill Kent has been the person who has kept things moving and coordinated with all the agencies involved. This has been a great example of many agencies working together: City of Kenai, National Park Service, Federal Fish and Wildlife, State Parks, and some I have probably forgotten. Looks like fodder for another AML award. © Rental Car Agencies Move: The closure of' I-Iertz's Terminal concession has prompted the remaining three agencies to request some relocation of spaces. The City Attorney reviewed the contract and determined that the requested moves were in accordance with the provisions of the contracts. Payless will move to the Terminal space vacated by Hertz and pay the associated increase in square footage rent. Budget will move their cars to the parking spaces formally utilized by Hertz and Avis is allocated an additional VIP parking space at the south end of the Terminal. None of these moves eliminates availability should another rental company desire operating space. The benefit to the City and the Airport is that all of these moves will make the Terminal appear full and dispel the perception of emptiness and disuse. It is a credit to our current tenants that they are willing to undertake these moves at their own expense in the interest of maintaining a good image for the City. Once again, we are not eliminating any space and there is ample room for another agency to locate in the Terminal; however, to date, we have not received any applications although there have been meetings and discussions with Hertz in Anchorage and the Great Alaska Car Company locally. Fly-in- The Anchorage chapter of the Flying Rotarians has scheduled a fly-in for August 23~ or 24th. We are very excited at the possibility of hosting this group. Developing Kcnai as a great destination for fly-ins will bring new customers to the Kenai market. There are many flying clubs around the country and many of them conduct group tours. Establishing Kenai as a destination capable of accommodating a large group of aircraft for multiple nights is our long- term goal. Anyone desiring to help greet this group or meet some of' their members is encouraged to contact the airport manager. KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ 1992 Memorandum Date: 8/13/03 To: From: Linda Snow, City Manager Casey Reynolds, Director of Economic Development Monthly Report-July The Americorp Vista economic development project grant did not start until early August so in lieu of the typical monthly report I believe it would be more helpful to give an idea of my plan for meeting its goals and what actions I am currently taking as a part of that plan. I have taken a three-pronged approach to beginning this project. First, I have been identifying and reviewing as much economic data on the area as possible. This gives me the foundation from which to assess the viabili.ty of the large variety, of economic development ideas sure to come out as a result of this type of project. Second. I have been conducting an intensive intemet search for communiLy economic development plans and reviewing them to identify plan structures, user friendly presentation styles, and community involvement techniques to emulate, and, perhaps more importantly, pitfalls in all areas to avoid. Third, I have begun a process of getting out into the community' and meeting with as many business groups, private development organizations, and government agencies as possible to start networking, glean valuable institutional knowledge, and get the word out about this project and the purpose of this new position. All of these activities have been progressing smoothly, and, while they will continue throughout the year, I am confident the bulk it will be complete within the next week. From the meetings and reviewed data, many ideas with potential to help the city are already starting to emerge. I believe there is tremendous reason for confidence in the ability of this project to make a great difference for the people of Kenai. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM: DATE: Linda Snow, City Manager Robert J. Frates, Kenai Parks & Recreation Director~ August 13, 2003 Administrative Report- July July proved to be a challenging and busy. month for Parks & Recreation. Long drought periods coupled with hot, sunny days took its toll on some turf areas. Summer crews, however, worked diligently and are to be commended on their watering efforts. The Dip Net Personal Fishery was an additional element that kept crews busy. The following represents some of the non-routine maintenance projects for the month of July: - Dip Net fee collection boxes were enlarged to increase carryi, 'ng capacity. A new installation occurred off' Dunes Road. - Approximately 30 man-hours were spent removing sand from the walkwavs on the north side. - Parks Crew replaced one slide at Mumcipal Park and two panels at Beaver Creek Park due to vandalism. - Crew members spend several days painting the Kenai River Flats Boardwalk. - Skate Park construction was completed, ramps moved, sign and parking perimeter installed. During rainy days, skateboarding occurs at the MPF. One glass panel was vandalized and will be replaced by Randy's Glass. - The Parks Crew cut trees and raised canopy at MPF, Cemetery., and Bernie Huss Trail. The Street Department assisted with removal of debris. - New gates were installed at Municipal Park and canopy raised on some trees. - The water truck was heavily used for watering purposes during mornings, evenings, and weekends. - Several select areas throughout town were seeded and additional fertilizer applied to fight-of-ways. - Five park reservations were received throughout July. - Brush was removed from Dust Bowl fence lines and in-field imurovements made. · Fage Iot I Linda Snow . From- Ewa Jankowska Sent: Thursday, August 14, 2003 9:56 AM To' Linda Snow Cc: Kim Howard Subject: Kenai Community Library- July 2003 report July was a very busy month for us. We were happy to see many tourists and our local patrons come to use the library although we had to compete with the most gorgeous weather and the fishing season. Despite closing on Sunday and a long Fourth of July weekend we had a very small drop both in library visits and in the circulation numbers. On Saturday, July 12, Gary Titus and Catherine Cassidy read and signed their new book "Alaska's No.1 Guide · The History and Journals of Andrew Berg 1869-1939". Andrew Berg came to Kenai Peninsula in 1888 and lived in a remote cabin on Tustemena Lake that now is the heart of the Kenai National Wildlife Refuge. VVe always welcome authors to come and talk about their books, but it is even more welcome and exciting when their books talk about our local Kenai history. We also have several copies of the book for sale at the front desk as part of the Friends of the Library fund raising effort. 8/14/2003 Kenai Communitv Librarv ! 63 Main Street Loop Kenat. Alaska 99611 REPORT FOR JULY, 2003 CIRCULATION Adult Juvenile Easy Books Fiction 2472 Non-Fiction 1517 Periodicals 85 Cassettes Intemet Access CDs Kits Misc. 170 1735 183 - 45 Total Printed Materials ............... 6709 Total Circulation ............................ 10092 WEBPAC Searches .................... 697 617 213 Puzzles 1 1461 344 Videos DVD 1111 138 ~X_DDITIONS Docs Adult Juvenile Easy Books AV Gifts 50 26 28 48 Purchases 79 10 25 12 Total Additions .............................. 278 INTERLIBRARY LOANS Ordered Received Returned Books 32 43 32 INTERLIBRARY LOANS BY OUR LIBRARY ............ 51 INTERNET USE ........ 1735 VOLUNTEERS Number .... 15 Total Hours ..... 218 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,114.50 308.00 123.55 Total Income for JULY, 2003 ............ $1,546.05 Library Cards Issued July, 2003 Kenai 55 Homer Kasilof Nikiski 12 Soldotna 14 Sterling Other 26 Total 121 Total Library Patronage ...... 9,438 Persons Adult Programs ........ 46 Persons Childrens Programs .... 137 Persons Summer Reading Program... 167 Persons Senior Center's July Monthly Report to Linda Snow Our Center continues to be active and seniors use the facility daily. Total number of days open: 22 We were rented 7 days this month. # Congregate Meals Served: # Home Meals Served: # of assisted fides: # of unassisted fide: 1,328 ! ,094 280 382 Total volunteer hours for July was 625 hours. We began a new fiscal year with the Commission of Aging and Div. Of Senior Services being merged into the' Div. Of Heath and Social Services. We held an evening "dinner" in place of a luncheon on the 3rd of July with 110 seniors in attendance. A 11 O-voice choir from Texas entertained and visited with the seniors. We had 6 guests from Heritage Place that also enjoyed the evening. The big push for this month was the 4th of July booth. We baked and sold 200 pies, 800 hot dogs, soda, and raffled our quilt. We had a successful booth and although it was a lot of hard work; a great time was had by all!! The Seniors are quite the "Pie Salesmen." Our added attraction was the hot dog and pudding-eating contest for the kids. Our "Liberty Bell" Float placed 2nd in the parade while our ~famous Line Dancers participated with our own clowns leading the dancers. Look for a clown band next year. There were 6 seniors who participated in golf lessons with a golf scramble at the end of the sessions. 8 participated in the scramble. Everyone enjoyed the lessons and learned they need to listen to the "pros." If you do what they say, "It really works!" Watch out Tiger Woods! A new exercise group was stated in the afternoons twice a week. This class is "oxycise" which focuses on the proper way to breathe while exercising. Seventy five seniors participated in a wonderful day at Agrium's picnic area in Soldotna. We had 10 visitors from Forget-Me-Not that joined us. CITYOF KEN 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM.C']~ DATE' Mayor Williams and Council Members Cary R. Graves, City Attorney August 15, 2003 Water and Sewer Requirements At the last council meeting, Council Member Swamer asked a question regarding whether businesses were required to have sanitary facilities. I indicated I thought they might under the building code, but that I would check with Bob Spring, Building Inspector. The issue came up during a request for a conditional use permit for a computer business at 8498 Kenai Spur Highway. The request was for operating out of a portion of a building with the other part being a residence. The business portion of the house did not have toilet or sink facilities in it. The residence portion had water and sewer connections, although their working status was unclear. I checked with Bob Springer and he indicated the Uniform Plumbing Code (KMC 4.25) has a requirement that buildings have access to adequate water and sewer facilities. For some smaller buildings or offices, access to a nearby building or portion of a building with adequate facilities might meet the code. It would depend on the circumstances of each situation. Dwellings are also required to have adequate sanitary facilities under the Uniform Plumbing Code. In this case, the staff report on the application recommended that the Planning & Zoning Commission require "ADEC documentation that the on-site water and sewer system meets the ADEC requirements for the business and residential use." A copy of the staff report is attached. application for a conditional use permit. The Planning & Zoning Commission denied the Please let me know if you have any questions. CC' Bob Springer, Building Official Marilyn Kebschull, Planner July 9, 2003 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission meeting of July 23, 2003' PZ03-29---An application for a Conditional Use Permit for Business/Consumer Services for the property known as the East 50' of that portion of Government Lot 32 lying north of the Kenai Spur Highway (8498 Kenai Spur Highway), Kenai, Alaska. Application submitted by Crystal Giles dba Midnight Agency, P.O. Box 686, Kenai, Alaska. The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Kenai. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 prior to the meeting. Comments may also be emailed to mkebschull~ci.kenai.ak.us. For more information please contact Marilyn Kebschull at 283-7535 extension 235- PROPERTY WITHIN 300 FEET OF THE PROJECT sITE STAFF REPORT To: Planning &Zoning Commission Date: 7/7103 Res: PZ03-29 GENERAL INFORMATION Applicant: Crystal Giles Midnight Agency P.O. Box 686 Kenai, AK 99611 335-4357 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Conditional Use Permit - Business/Consumer Services East 50' of that portion of Gov't. Lot 32 lying north of Kenai Spur Highway 8498 Kenai Spur Highway 04517008 RR- Rural Residential Residential Medium Density Residential ANALYSIS ,,, General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative m- 0329 Commm~t. do~ Page 2 to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Crystal Giles, applicant, proposes to operate a Professional, Scientific and T~e.~niml Servicos business from the front portion of the building Iomted at this location. This business will occupy one portion of the building. The other side of the building will continue to be a residence. Attached is a detailed description of the business provided by Ms. Giles. This information further explains the servicos she provides. The building is accessed from the Kenai Spur Highway. Applicant states that clients will drop off and pick up from the location and them is sufficient off-stroet parking to accommodate vehicles for the business. Employee and residence parking will be at the rear of the building. The City has received complaints regarding this parcel. In May 2003, the City received a complaint regarding pallets of debris and junk stored behind the house. The owner of the house, Mr. McCrosky, was contacted by the Code Compliance Officer. Within days, the debris was cleared from the yard and the case was closed. At the same time, the complainant was concerned about possible health hazards regarding the on-site water and sewer. At that time, this matter was referred to the Alaska Department of Environmental Conservation (ADEC). It is unknown what action, if any, was taken in this regard in May. However, in July, the City received a second complaint regarding the septic system at this location. The complainant advised they believed the system was not hooked up and again noted possible health concerns. Since receipt of this application, City administration has been in contact with Margaret Froneh, ADEC. Ms. Fren~ made a site visit and believes the old crib has caved in, and may be the cause of the problems, but she did not observe any sewage leakage. She stated ADEC would be unable to issue any citations until them was actual "proof that a health h~.ard exists. The current owner of the property, Shawn McCrosky, lives in southeast Alaska, and his sister, Erin McCrosky, is the authorized agent for this property. ^DEC is willing to work with the property owner, and believes that once the current system is used, any problems with the system will become evident. Them 'is also a concern that there may not be the required separation distance between the on site well and septic. Ms. French stated that an engineer should be hired to perform an adequacy test, which will tell if the current system is operating or not, and check the separation distances required by the ADEC. The City of Kenai's Comprehensive Plan states, "Discourage highway commercial uses in residential neighborhoods which have no direct service relationship to the needs of residents of the neighborhood." (Page 22) There are several f~cots to the proposed business. Those portions of the business 0329 Comment.doc Page 3 that are operated mainly by phone, fax, delivery service, and on-site computer repairs would appear to meet the integrity of the zone. The portion of the plan for the "walk-in/drop-off shop ..... We will also have used equipment available for public purchase." May not meet the intent of the zone. It appears that this could become a storefront business not necessarily providing direct service to the area residents. The business, as proposed, would not appear_ to have an adverse affect adjoining properties and the business may actually provide some ascetic improvements to the parcel. The property has on site sewer and water, which at this time may be a health or safety issue. It would appear that documentation that the on-site utilities meet the needs of the residential and business nature of the parcel should be required to insure the health and safety of potential customers and adjoining properties. City En.qineer: Require on-site water and sewer certification documentation. Provide adequate off-site parking and make sure access to Kenai Spur Highway meets state requirements. Buildino Official.; If a storefront business is opened, a separation requirement will be required between that area and the residential part of the structure. RECOMMENDATIONS Recommend approval with the following stipulations: 1. Limit the business to professional offices and require computer sales to take place by appointment. Do not allow unlimited storefront commercial activity at the business. 2. Require documentation that the on-site water and sewer system meet the ADEC requirements for the business and residential use. 3. Require a fire inspection to insure the facility meets fire code for the proposed commercial activity. ATTACHMENTS: 1. Resolution No. 2. Application 3. Drawings PZ03-29 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-29 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO. NAME: Cr stal Giles dba Midni ht A enc USE: Business/Consumer Services LOCATED: 8498 Kenai S ur Hi hwa east 50' or' - t~on of Govt. Lot 321 in north of Kenai S ur Hi hwa (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 0451 7008 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on' July 1, 2003 e e This request is on land zoned'. RR - Rural Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements. a. e That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: July 23, 2003 Be Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED BUSINESS/CONSUMER SERVICES MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CiTY OF KENAI, ALASKA, July 23, 2003. _ CHAIRPERSON: ATTEST: '~ ..... RECEIVED 'CITY OF KEN Al'-- c,~ o~ KE'NAI I~8.NN,ING OEPARTM£ 210 FIDALGO AVE., surrE 200 KENAL ALASKA 99511-7794 TELEPHONE 907,253.?~38 FAX 907-283-3014 ~ CONDITIONAL USE PERMIT APPLICATION Applicant's Name: Business Name: Mailing Address: Date: Street Address: "~ I~ (Where permit will be operated from.) Legal Description of Property: Kcnai Pen~sula Borou~ P~ccl City of Kenai zomg: Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to thc application. ,-~.~ .... ~..-r'~,~_~-,,-_' The following information must be provided before vour application will be considered for processing. Do not submit your appli'c,ation until it contains~all reauired information. (Check each box that applies and attach the necessary- information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for tiffs Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. Applicant: Date: I certify that the information provided is accurate to the best of my knowledge. Proposed Use Detail In attachmem to the Conditional Use Permit application for the property located at 8498 Kenai Spur Hwy the following is a description of the proposed use of the area described in Fig- 1 (attached): Description: Midnight Agency, ABL# 287510 (exp. 12/03), KPB S.T.#' 35825 LOB: 54 (Professional Scientific and Technical Services) P.O. Box 686 Kenai, Alaska; 907-335-4357 (335-HELP) Primary market: Computer repairs and upgrades. Network administration. Network security consulting. Printer 'and miscellaneous peripheral service. Buying / selling / trading used and obsolete computer equipment, devices and accessories. Recycling monitors and old computer systems. Secondary market' Criminal/Civil investigative services, asset~ackground/cfiminal checks, information security consulting, hard drive forensics. Primary purpose' Location is planned as the Administrative offices for Midnight Agency to conduct their internal affairs, store files, maintain a computer system and web access for research and development. Meet with client's and conduct other administrative duties. Secondary purpose: Storage facility for equipment. "Walk-in/drop-off" shop to perform repairs, upgrades and other service work to individual units as well as dismantling and cataloging obsolete equipment. Area for preparing E-Bay sales that is our primary resale market for used equipment. We will also have used equipment available to the public for purchase. ?z~' N1 H~ INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 20, 2003 1. 8/7 / 03 letter from Dorothy L. Arnold relating to price of parking while fishing at the mouth of the Kenai River/dip net fishery. o 2000-2003 Float Plane Basin Activity Report. 1419 Sunrise Dr. Anchorage, AK 99508 August 7,2003 ~,~kyor of Kenai ~,kyor' s Office Kenai, Alaska Dear ~ir: Please explain the exhorbant price of parking while fishing at the mouth of the Kenai River° I am a disabled Sr. Citizen on a fixed income and $10 to park for two to four hours~ while dipnetting is more than ~ can afford. I was forced to park at the ball park and catch a ride to go dipping, which was not always easy. 'One day '£ ~had to walk all the way from the ball park to the turn around at the end of the road in order to dip° I realize you need money to run your town and am willing to pay something for parking/but you are way out of line to charge the amount one had to pay this year. I know that you are making money hand over hand because the parking lot was overflowing and many?like myself~ felt your price was to high! but most people complain and do nothing about it. ~ fish for three reasons: to cut down on meat expenses, I like to eat salmon, and fishing is good, healthy recreation. ~' hooe that by next July you will lower the price of parking so that I won't have ~o park elsewhere. Sincerely, nal Municipal Airport FLOAT PLANE BASIN ACTIVITY- 2000 - 2003 OPERATIONS Month 2003 2002 2001 2000 MAY 2 94 n/r 75 JUNE 86 223 n/r 210 JULY 158 345 313 283 AUGUST 259 233 243 307 SEPTEMBER 153 127 202 OCTOBER 37 24 0 NOVEMBER 10 0 0 TOTAL TO DATE 1085 707 1077 .......................... --not rme PmO rt_,ed .... FUEL SALES MAY JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL 2003 $835 $1,391 $1,773 $3,998 2002 $1,986 $2,757 $2,419 $983 $65 $8,308 2001 $386 $~,189 $3,221 $1,564 $~,565 $395 $8,320 2000 $0 $~,752 $494 $2,715 $1,687 $0 $6,649 mmm m m m m mm m m m mmm mm m m m m m m m mm m m m m m m m m m m m mm m m m mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Rev 8/2003 MAKE 24 PACKETS COUNCIL PACKET DISTRIBUT'J:ON COUNC]:L MEE~N~ bATE: Mayo~/Council / Attorney ~ Ta¥1o~/Sp~in~le~/Kebschull ,. Clerk Vx City Mana~le~ ~.'Public Works ~ Police bep~tment / Finance ~'fin~inee~ ~ Senior Cente~ ~ Airport ~ Kim ~ Library ~ ~Po~ks & Recreation ~ Clarion Fi~e Department / Blaine 6ilm~n Mellish _ _ J , A6ENbA DZ:$TRZ:BUTZON 5ewer Treatment Plant Streets Shop bock Buildin~ Maintenance Animal Control Wate~/Sewe~ Counte~ DEL]:VER Council Pockets to Police Department Dispatch desk. The Clarion & Gilman's Office will pick thei~ packet up at City Hall. The portion of the agenda published by the Clarion should be emailed as soon as possible afte~ Noon on packet day. The came~a-~eady agenda (c'/myfiles/documents/minutes/agenda fo~m fo~ paper) is emailed to the £en/nsu/a ~/ar/on (at email Contacts). Home Page documents (agenda, ~esolutions and o~dinances fo~ public hea~ing) a~e placed in the Clerk's HTML file o~ emailed to the Clerk. Place them onto the city's website with F~ont Page f~om the~e as soon as possible before leaving the office fo~ the weekend. AGENDA KENA~ C.TY COUNC.L - .EGULA. M E(~.[fyOF .... AUGUST 20, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS PUBLIC COMMENTS (10 minutes) C o ntro~ ~i i~l~,L ~[,~ ~l.~~ingKI TELEPHONE FAX 907-2~ 2009-20031FIRST HEARING -- Approving and Adopting the ~~ive Plan for the City of Kenai and Recommending Adoption by ~insula Borough. lo. 2010-2003 --Increasing Estimated Revenues and Appropriations by $35,000 in the Airport Terminal Enterprise Fund to Replace Boilers. 3. Ordinance No. 2011-2003 --Increasing Estimated Revenues and Appropriations by $6,000 in the Airport Terminal Enterprise Fund for Handicap Lift Modifications. 4. Resolution No. 2003-41 -- Awarding a Contract to United Fire Service, Inc. for a Ford F-450 Ambulance for the Total Amount of $126,590. 5. Resolution No. 2003-42 -- Authorizing an Application and Acceptance of a Federal Grant for the City of Kenai Planning Department to Attend Section 106 Training. 6. Resolution No. 2003-43 -- Awarding the Bid to Preferred Plumbing & Heating for Kenai Airport Boiler Replacement and Heating System Upgrade - 2003 for the Total Amount of $30,850. 7. *NEW LIQUOR LICENSE a. Morgan Family Limited Partnership, d/b/a Kenai Golf Course/Golf Course License-- Seasonal. b. Morgan Family Limited Partnership, d/b/a Kenai Golf Course --Restaurant Designation Permit ITEM H: OLD BUSINESS 1. Discussion -- Kenai Peninsula Borough/Kenai River Protection Area Ordinance -- 50 Foot Setback. ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 2012-2003 -- Amending KMC 7.15.050 to Better Describe and Clarify the Meaning of "Contractual Services of a Professional Nature." 4. *Ordinance No. 2013-2003 -- Increasing Estimated Revenues and Appropriations by $1,056,207 for Airport Grants. 5. Discussion -- Kenai Watershed Forum/Request for Resolution of Support for Water Quality Monitoring of the Kenai River Watershed. 6. Approval -- Renewal/Revision of Special Use Permit-- Yukon Fuel EXECUTIVE SESSION -- Evaluation of City Manager. ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www.ci.kenai.ak.us Carol L. Freas, City Clerk D214/211 114 NAI ALASKA 99611-7794 1992