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HomeMy WebLinkAbout2003-11-05 Council PacketKenai City Counci I Meeting Packet November 5, 2003 AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. OATH OF OFFICE -- PAT PORTER 4. Agenda Approval 5. 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} 1. Proclamation -- KCHS Football Team ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND_ COUNCI~ ITEM D: , PUBLIC HEARINGS . Ordinance No. 2009-2003 {Final Public Hearing} -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. . Ordinance No. 2021-2003 -- Increasing Estimated Revenues and Appropriations by $7,800 in the General Fund for Library Grants. . Ordinance No. 2022-2003 -- Adding KMC 7.15.055 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. o Ordinance No. 2023-2003 -- Increasing Estimated Revenues and Appropriations by $1,585.00 in the General Fund for the Planning Department to Attend Section 106 Training. Se Resolution No. 2003-52 -- Awarding a Snow Removal Contract at the Kenai Municipal Airport Terminal Buildin§ to Tuff Construction for the 2003/2004 Winter Season. -1- Resolution No. 2003-53 -- Awarding a Two Year Contract for the Operation and Management of the Kenai Recreation Center to the Boys & Gifts Club of the Kenai Peninsula, Kenai Unit, in the Amount of $125,000 Per Annum, With an Option to Renew for Two Additional Years. ITEM E: COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games ITEM F: MINUTES *Regular Meeting of October 15, 2003. ITEM G: CORILESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS le Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 . *Ordinance No. 2024-2003 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund Visitors Center Department for Advertising. , *Ordinance No. 2025-2003 -- Increasing Estimated Revenues and Appropriations by $205,027 in the General Fund for an Alaska State Homeland Security Grant to Purchase a Digital Wireless Statewide Shared Public Safety Communications System. , *Ordinance No. 2026-2003 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Boat Launch Capital Project Fund for a State Grant. -2- . *Ordinance No. 2027-2003 -- Increasing Estimated Revenues and Appropriations by $40,000 for a State Grant for Maintenance and Facility Improvement at the Senior Center. 7~ *Ordinance No. 2028-2003 -- Adopting KMC 21.05.045 to Establish an Off-Airport Gross Income Rental Car Fee for Off-Airport Rental Car Companies Using the Kenai Municipal Airport for their Businesses. , *Ordinance No. 2029-2003 -- Amending the Fine Schedule at KMC 13.10.015. , *Ordinance No. 2030-2003 -- Amending KMC 1.90.010 to Allow the Kenai City Council to Establish Task Forces Regarding Millennium Square and/or Economic Development with a Membership of Greater Than Seven (7) and Sunsettmg the Ordinance in Three (3) Years. 10. *Ordinance No. 2031-2003 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Grant From thc Rasmuson Foundation Art Acquisition Initiative. 11. Approval-- Lease Application/Division of Forestry, Lot 4, FBO Subdivision No. 7. 12. Approval -- Lease Application~20~ 20 International, Inc. and John C. Marie L. Parker, Individually, Lots 5 & 6, Block 1, FBO Subdivision. 13. Approval-- Term_ination of Lease/U.S. Fish & Wildlife Service, Lot 2, Block 3, General Aviation Apron. 14. Approval -- Concession Agreement/Hertz Corporation. 15. Discussion -- Council Liaison Assii~ments ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ~UTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT -3- MAYOR'S REPORT NOVEMBER 5, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REQUESTED BY: None CONSENT AGENDA None MAYOR'S REPORT Z 0 TESTIMONY SIGN-IN SHEET AMEI~ Suggested by: Planning & Zoning Commi. CITY OF KENAI ORDINANCE NO. 2009-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AND ADOPTING THE COMPREHENSIVE PLAN FOR THE CITY OF KEN~ 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 d.une 25, 2003 reviewed the final draft of the Kenai Comprehensive Plan, made additions and corrections, and recommends to the Kenai City Council approval of the Comprehensive Plan as amended; and, WHEREAS, the Kenai City Council reviewed the final draft of the Kenai Comprehensive Plan on November 5, 2003 and recommended approval of the Plan to the Kenai Peninsula Borough. NOW, THEREFORE, BE IT RESOLVED by the Kenai City Council that: Section 1 - The Final Draft of the Kenai Comprehensive Plan as amended, prepared by Kevin Waring Associates, Benson Planning Associates, and Bechtol Planning And Development, is hereby approved and adopted as the Comprehensive Plan of the City of Kenai. Section 2 - This Plan is hereby recommended to the Kenai Peninsula Borough for adoption as the official Borough Comprehensive Plan within the City of Kenai planning area of the Borough. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Second Reading: Third Reading: Fourth Reading: Final Reading: Adopted: Effective: August 6, 2003 August 20, 2003 September 3, 2003 September 17, 2003 November 5, 2003 November 5, 2003 December 5, 2003 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ' ,~ Telephone: 907-283-7535/FAX: 907-283-3014 ~i~1~:., KENAI, ALASKA MEMO: TO' THRU' FROM' DATE' SUBJECT' Linda L. Snow, City Manager Jack La Shot, Public Works Manager ~~~-.~ ~_~ Marilyn Kebschuli, Planning Administration October 29, 2003 Kenaitze Indian Tribe (KIT) Comprehensive Plan Comments Comments were received from KIT on October 22nd. The Planning & Zoning Commission reviewed and discussed the information. It was agreed that staff would review the comments and provide recommendations to Council as to where the comments could be incorporated in the plan. It was agreed that items one through 5 would be appropriate for inclusion in the plan. However, item six seems more appropriate to the City's economic plan. The draft Comprehensive Plan includes a Corrections/Additions sheet that was approved by the Planning & Zoning Commission. While reviewing KIT's comments, Item 1, it appears it may be appropriate to modify Item 4 from the Corrections/Additions sheet. It is recommended that Council consider amending that addition to read," ..... and in the interest of [SALAMATOF] local Native [^SSOCi^'I'IO~I _orou~s ........ " The attached table provides locations for Council's consideration should they decide to incorporate KIT's comments. Attachments City of Kenai Comprehensive Plan Kenaitze Indian Tribe Comments Suggested Possible Inclusion Sites Item # 1. Page 54 Additional bullet could be' added to cC4 ' · Partner with native groups to insure that development plans respect the historical Shk'ituk't site. , , 2. Page 60 Add C11 · Consolidate senior services with other organizations to insure that needs are met without duplication of services. 3. Page 58 Additional bullet could be added to N5 · Coordinate program with other agencies. (Note' Page 60 already has a bullet under CF5) , 4. Page 46 Consider adding KIT or native groups to T1 "Coordinate transportation improvements with the city's land use plan recommendations, capital improvements program, Alaska Department of Transportation & Public Facilities and Kenaitze Indian Tribe (or native ~roups). 5. Page 50 Additional bullet could be added to CF6 · support the expansion of the Kenaitze Head Start Program. Item #6 may be more appropriately incorporated into the City's Economic Development Plan. PRESE~ATION TO THE CITY OF KENAI - COMPREI~NSIVE PLAN: The Kenaitze Indian Tribe is a federally recognized Tribal Government organized under the Indian Reorganization Act (IRA) of 1936, as amended. The Tribe is governed by a written Constitution (ratified by the Secretary of the Interior June, 1971 and amended July, 1997), and an elected seven member Tribal Council. As mandated by our Mission Statement, we administer a variety of social, health and cultural programs that provide services not only to our Tribal Members but other Alaskan Natives and American Indians residing within our service delivery area. As of October 4, 2003 our Tribal Enrollment is 1,138. Programs the Tribe currently administers and services we provide are: (1) primary Health/Dental care through our Dena'ina Health/Dental Clinics; Drug/Alcohol/Mental Health/Family Counseling & therapy through our Nakenu Family Center; Head Start Program (3-5 year olds); Elder's Services Program; Employment and Training; Higher Education Services; Energy Assistance (LIHEAP); General Assistance (including emergency housing); Housing Services through the Kenaitze/Salamatof TDHE; Child Care Assistance; Social Services/Indian Child Welfare Act (ICWA) (Including Tribal Court); Agriculture Program; Tribal Fishery, Environmental Protection Program; and our Yaghanen Programs (The Good Land -A Safe Place) dedicated to the preservation and revitalization of the Kenaitze Dena'ina language, culture and traditions (i.e., Native Youth Olympics, in-school cultural presentations, drumming/dancing cultural camps, moose camp, fish camp, Interpretive Sites; archeological digs). Most of our funding is generated through federal grants/contracts (BIA, Department of Health and Human Services, Department of Labor, EPA, Bureau of Justice; Non-Profit Organizations; etc.); state funding and third party revenues. Our funding levels range from 6,000,000 to over 8,500,000 annually. We have a current total of 86 full/part-time employees. (In the summer, this total increases to over 100 due to our stmuner youth programs). I believe these statistics places the Tribe in the top 10% of Employers in the Kenai Peninsula Borough. Areas which the Tribe could participate/collaborate: I. The most obvious would be the development of Millennium Square. The proposed area is the original site of the Dena'ina Athabascan Village of Shk'ituk't (spelling taken from the late Tribal Elder, Peter Kalifomsky's Book Dena'ina Legacy). To exclude Tribal input would be dishonorable. (i.e., The Tribe is aware that there was a cemetery located on this land which has already been desecrated due to "development" of the site). The Tribe is not necessarily opposed to development but we do strongly advocate for respect, cultural awareness and integrity. A partnership could be solely based on historical documentation and/or possible monetary investments or a private emerprise. 2. Senior housing and related facilities: The KIT have Tribal Elder that utilize the Senior Services of both the City and the Tribe. The needs noted in the City's Comprehensive Plan echo some of the needs the KIT and/or KIT/Salamatof Housing TDHE is currently addressing: Elder Housing · Assisted Living Center · Transportation If we cannot adequately address these needs as individual entities, perhaps we can address these needs by consolidating our efforts and perhaps resources to the benefit our senior community. 3. Establish Private volunteer programs (i.e. "adopt-a-stream", etc.): Our Tribal Environmental Protection Program Director would be more than willing to collaborate on projects/pmgran~s that promote pride and environmental awareness. PRESENTATION TO THE CITY OF KENAI - COMPREHENSIVE PLAN PAGE TWO 4. Transportation amemties - bikeways, trails, pedestrian paths: The KIT has a current BIA Roads Project in progress. However, it is essential that the Tribe develops an inventory list for future road projects and have been advised by the Bureau rut-the list can include any public roads, bikepaths, trails that our Tribal Members utilize. If this is indeed true, the Tribe suggests that we work together to develop Projects that would benefit the entire community. 5. Education: For the past five years, the Kenaitze Indian Tribe has administered a center- based Head Start Program that benefit 57 children (Tribal Members, other Alaskan Natives/American Indians, children with disabilities, and 10% over-income children). Because we are the only Head Start Program in the Kenai area and because the Program has such a positive benefit to the student, families and therefore to the community we have current waiting list of at least 20 children. Our goal is to expand our program but in order to do this we also need a bigger facility. We would like your support and would like to develop a working relationship wifl~ your administration. o It has been a vision of the Kenaitze Tribal Council for man), years to consolidate our Tribal Programs and services under one roof or at least in one location/site. In May, 2003 the Tribal Council took the first step in fulfilling this vision by hiring a Consulting Finn, Information Insights, to conduct a Facility Feasibility Study. They proposed to conduct the Study in Phases: Phase I, which has been completed, focused on a Community Needs and Facilities Assessment. (This Phase gathered input from the Tribal Council, Tribal Administration, Program Directors and Tribal Members). It was a very enlightening process and it provided an indepth look into the infrastructure of the Tribe - where we excelled, revealed our shortfalls and where we need improvement. Phase I identified several locations or co-locations for our proposed facilities: (1) Old Town was the number one priority location; (2) Ward Cove Cannery; (3 & 4) BIA Allotment (Current Site). Acquisition of land would be the compelling factor in any scenario except for (3 & 4). The Tribe feels that this situation creates a possible parmership opportunities. City of Kenai Comprehensive Plan Corrections/Additions 1. Acknowledgements Page 2. Page 58 3. Index- Maps 4. Page 31 5. Page 40 6. Page 40 7. Page 27 8. Page 27 Duane Aaronson* should be Dustin Aaronson "Kenai Municipal Airport"- Remove "Require plat note describing use restrictions on properties in noise exposure zone." #12- Should be Millennium Square Bottom of right hand column, add another bullet to possible uses at Millennium Square' interpretive site for historic Shkituk't village site Purpose' acknowledge the value of the historic Shkituk't village site as an asset to Millennium Square, and the interest of the Salamatof Native Association as a potential private partner in eventual development of Millennium Square. Left hand column, revise development policy N2 as follows: Explore creation of a Kenai River Gateway/Kuhtnu natural area or park to highlight Kenai's reputation as a prime recreational access point to the Kenai River. (Kuhtnu is the traditional Kenaitze name for the Kenai River.) Make changes in related references elsewhere in text and in Map title. Left hand column, expand second bullet under development policy N2 as follows: ... With appropriate improvements to support marine and upland recreational activities and to recognize traditional historic and cultural uses. Purpose: recognize the historic use by local Alaska Natives of the area proposed for designation as the Kenai River Gateway Natural Area. Map 10- Proposed Land Use Plan - Extend Airport Industrial to include all airport lands on airport proper. (Remove green strip along Float Plane Road down to cemetery property.) 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(1) 0 · o ,~~ o < ~ (1:) 0 ',~ :::3 ,-h 0 ¥ ¥ ¥ ~8 ¥¥ c) _'8 z ~ ~ ¥ ¥ Z Z Z Z ¥¥ ¥ i, ~8 ~-~ < 0 iD --' ""0 X ~ ~ =' ~ ° ¥ 0 c) w 0 Z ¥ Z ¥ ¥ ¥ o :D iD_ ¥¥ ¥ < ¥ 0 0 ~D ¥ ¥ ~8 Fn i- o~ o m = ~--' ~' oo Suggested by: Administrati City of Kenai ORDINANCE NO. 2021-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,800 IN THE GENERAL FUND FOR LIBRARY GRANTS. WHEREAS, the State of Alaska has provided a Public Library Assistance grant in the amount of $6,300 to be used to purchase books; and, WHEREAS, the State of Alaska has provided a Public Library Cooperation grant of $1,500 to be used for librarian training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows' General Fund Increase Estimated Revenues: State Grants Increase Appropriations: Library- Books Library - Travel and Transportation $7:800 $ 6,300 1,500 $7,800 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Financer~ff (10/08/2003) hl Introduced: Adopted: Effective' October 15, 2003 November 5, 2003 November 5, 2003 Suggested by: Administa ..... CITY OF KENAI ORDINANCE NO. 2022-2003 AN ORDIN~CE OF THE COUNCIL OF THE CITY OF KEN~, ALASKA, ADDING KMC 7.15.055 TO ALLOW FOR THE SOLICITATION AND AWARD OF CONSTRUCTION CONTRA~S BY COMPETITIVE SEALED PROPOSAL. WHEREAS, the Kenai City Code now requires construction contracts over $10,000 to be solicited and awarded by competitive sealed bid; and, WHEREAS, there are construction projects where award by competitive sealed bid is not practicable or advantageous to the City; and, WHEREAS, allowing such construction contracts to be awarded by competitive sealed proposal on some projects would be more practicable and advantageous, particularly where such projects could be done as "design build" projects; and, WHEREAS, it is in the best interest of the City to provide the option of allowing construction projects to be done by a competitive sealed proposal process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.15.055 (Competitive sealed proposals for construction) be added to the Kenai Municipal Code as follows- 7.15.055 Competitive sealed proposals for construction. [a} When the use of competitive sealed bidding for construction proiects is either not practicable or not advantageous to the City, a contract may be entered into by use of the competitive sealed proposals method. {b) Proposals shall be solicited through a request for proposals. [c) When the Ci_ty determines that it.is advantageous to the City, the City may issue a request for proposals requesting the submission of offers to provide construction in accordance with a design provided by the offeror. (d} Adequate public notice of the request for proposals shall be given in the same manner as provided in KMC 7.15.040{a}, provided the minimum time shall be thirty (30) calendar days. [e) A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, ff any, and a description sufficient to identify the item offered. Ill The request for proposals shall state the relative importance of price and other evaluation factors. {gl As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and Ordinance No. 2022-2003 Page 2 of 2 conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. (h} Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City tak/n~ into consideration price and the evaluation fact. ors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. ii) Proposals shall be received at the time and place designated in the request for proposals, and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals shall be open to public inspection only after the contract award. However, the City shall issue a notice of intent to award to all responding proposers at least seven {7) days prior to assembly approval. Upon request by a competing proponent, the re. commended awardee's proposal shall be opened for review. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: October 15, 2003 November 5, 2003 November 19, 2003 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~,...,,= 1992 KENAI. ALASKA MEMO: TO: FROM' DATE' Linda Snow, City Manager Jack La Shot, Public Works Manager~ October 30, 2003 SUBJECT: Ordinance No. 2022-2003 A public hearing on Ordinance No. 2022-2003 will be held at the November 5, 2003, City Council meeting. I would like to add a few thoughts regarding the ordinance and the "&sign build" concept in general. The ordinance refers to the method as "competitive scaled proposals." We previously presented this ordinance to council, and they asked that it be brought back when an appropriate project was available. We have an airport project that is nearing the bid stage and is planned for this concept of completion. Administration, through this ordinance, is asking for the opportunity to award contracts for selected construction projects without necessarily awarding to the lowest bidder. Projects will be pre-approved for the use of this method by council, will have outside funding agency (if any) approval, and generally be considered as appropriate for the concept and advantageous for the City of Kenai. The first project proposed for using competitive sealed proposals would be installation of airport security cameras and associated equipment. The FAA has given preliminary approval to use this methodology for the work. Awarding a contract to purchase and install equipment of this type may actually be considered more the norm than a typical Iow bid award. Other future city communications projects may also benefit from this concept. The airport project offers a good trial for the concept because of the rapidly moving technology and changing costs associated with security equipment. The best expertise for assembling the design build package actually lies with the equipment supplier- installers. The city should get the latest technology available at the time for the least cost. Memo to Linda Snow, City Manager Page 2 October 30, 2003 Wince-Corthell-Bryson, our consulting firm for the project, and their electrical sub- consultant agree that this is the most cost effective way of approaching this project. Our team has put together detailed parameters for what the project is expected to achieve and quality expected. The selected bidder will configure the actual system and provide and install the equipment after approval. Our team will monitor system installation and witness final testing. The contractor will also be required to provide system training. We are optimistic that the competitive proposal concept will prove cost effective due to fewer people involved in the project. Costs normally expended in a detailed design process will be shifted to the contractor to use in properly providing the total package. City of Kenai Suggested by: ORDINANCE NO. 2023-2003 Administra: AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,585.00 IN THE GENERAL FUND FOR THE PLANNING DEPARTMENT TO ATTEND SECTION 106 TRAINING. WHEREAS, the State of Alaska, Department of Natural Resources has awarded the City of Kenai a Certified Local Government (CLG) historic preservation grant from the federal Historic Preservation Fund (HPF) grant program in the amount of $1,585.00 for Planning Department staff to attend Section 106 training; and, WHEREAS, this is a federal-share, sixty-forty matching grant; and, WHEREAS, the City must match the grant with $1,056.34; and, WHEREAS, the City's matching funds will be provided through in-kind funding for staff salaries. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grant $1,585.00 Increase Appropriations' Planning & Zoning -Transportation $1,585.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5t~ day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' Introduced: Adopted: Effective: October 15, 2003 November 5, 2003 November 5, 2003 ALASKA STA TM ,. PARKS 907 269 8907 10/08/200S '] 1.: 24 ,~05 P .032/002 .,. DE/:'~~~ O~ NA?TJRA~ RE$OT.~CES DIVISION OF PARKS AND OUTDOOR RECREATION FRANK H. MURKOWSKI, GOVERNOR 550 West 7'~ Avenue, Suite 13, ANCHORAGE, ALASKA 99501-3561 PHONE: 907-269-8700 FAX: 907-269-8907 October 8, 2003 Re: FY'03 Historic Preservation Fund- Certified Local Government Grant Program Round Two Crrants Dear Ccrt/ficd Local Govcmmcnt Applicant: The Alaska Historical CommisSion met August 27a', 2003. During thc meeting, the Commission r~viewcd applications for financial assistance from the FY'03 Historic Preservation Fund- Certified Local Government (CLG) Grant Program for Round Two grants, The Office of History and Archaeology received three applications with a total federal request of $20,06:5, The Commission recommcnck:d and the State Historic Preservation Officer agreed to approve ' . funding all three applications in full. Tho projects ar~ as follows' · ~.. ------ iii ii il City and Borough of' .Sitka' . Matanu~ka-$usitna Borough City of Kenai Total Proiect Name '. Saponski Islan'd Boathouse Dcsi_gn Old Knik Townsite In. terpretivc Signs Section 106 Training Fede~ra! Award $9,900 $8,580 $1,585 $20,065.00 Sponsors should expect receipt of agreement for signature in the next few weeks. To be sure costs are eligible for mimburscrncnt under thc..m-ant, costs should not bc incurred and work should not commence on y.our project until you have a fully sign_cd a?ccmcnt: Should you have questions regarding the FY'03 funding allocation, or any aspect of the Historic Preservation Fund Program, feel free to contact me at (907)269-8692, e-mail at joyb@dm.'.state, ak. us or at the above mailing address. We look forward to another ~ucccssful ¥¢~ of Certified Local Government participstion in the HPF program. Sincerely, .loy Brya~-Dolsby Grant Administrator Suggested by: Administra. CITY OF KENAI RESOLUTION NO. 2003-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A SNOW REMOVAL CONTRACT AT THE KENAI MUNICIPAL AIRPORT TERMINAL BUILDING TO TUFF CONSTRUCTION FOR THE 2003/2004 WINTER SEASON. WHEREAS, the following bids were received on October 29, 2003 for the 2003/2004 winter season snow removal contract at the Kenai Municipal Airport Terminal Building (and may be extended for two successive one-year terms by mutual consent of the City and the Contractor); and, WHEREAS, the bid amounts received were as follows: Bidder Per Hour Tuff Construction Alaska Sure Seal $25.00 $45.00 WHEREAS, Tuff Construction submitted the lowest responsible bid; and, WHEREAS, the Council of the City of Kenai has determined that award to this bidder will be in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Snow Removal Contract be awarded to Tuff Construction for the Kenai Municipal Airport for the 2003/2004 winter season. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of November, 2003. ATTEST: JOHN J. WILLIAM S, MAYO R Carol L. Freas, City Clerk Approved by Finance: (10/29/2003) hl Suggested by: Adminis~ahon CITY OF KENAI RESOLUTION NO. 2003-53 A RESOLUTION OF THE COUNCIL OF THE CITY OE KENAI, ALASKA, AWARDING A TWO YEAR CONTRACT FOR THE OPERATION AND MANAGEMENT OF THE KENAI RECREATION CENTER TO THE BOYS & GIRLS CLUB OF THE KEN~ PENINSULA, KEN~ UNIT, IN THE AMOUNT OF $125,000 PER ANNUM, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL YEARS. WHEREAS, a Request for Qualifications (RFQ) was publicly issued and advertised beginn~g on October 3, 2003; and WHEREAS, three responses to the RFQ were received by noon on October 20, 2003 as advertised; and WHEREAS, the City Administration evaluated and scored the responses as follows: Bidder Score Boys/h Girls Club of the Kenai Peninsula, Kenai Unit 383 ICa, K, Inc. d/b / a Recreation Management Services 316 Charles V. and Leonah S. Smalley d/b/a Body Masters and Smalley Enterprises, LLC 45 WHEREAS, The Boys and Girls Club of the Kenai Peninsula, Kenai Unit, submitted the best qualified response; and, WHEREAS, the Council of the City of Kenai has determined that award to this organization will be in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a two year contract for the operation and management of the Kenai Recreation Center be awarded to the Boys & Girls Club of the Kenai Peninsula, Kenai Unit, for $125,000 per annum, with an option to renew for two additional years. Resolution No. 2003- Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10/:29/2003) kh KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 MEMORANDUM TO: FROM: DATE: RE: Mayor Williams and City Council Members Linda L. Snow, City Manager October 31, 2003 Kenai Recreation Center Contract Award In accordance with a three-step process to open the Kenai Recreation Center (KRC), offered by Mayor Williams and approved by City Council, KMC 7.15.050 was amended to better describe and clarify the meaning of"Contracmal Services of a Professional Nature." On the effective date of the amending ordinance, October 3, 2003, the city administration implemented step two of the process and issued a Request for Qualifications (RFQ) for the operation and management of the KRC. Awarding a contract to the most qualified respondent is step three of the process and will conclude with the adoption of Resolution 2003-53 awarding the contract to the Boys & Girls Clubs of the Kenai Peninsula, Kenai Unit, who submitted the best qualified response. The following criteria required in the RFQ was used by the four city administration reviewers to evaluate and rank the responses: Criteria Section A. Qualifications Section B. General Operating Philosophy Section C. Probable Approaches to the KRC Section D. Other Information Total Points Points Available 40 30 20 10 100 X 4 = 400 possible On October 24m, the respondents were all notified of their ranking. Additionally, the top two respondents were advised that if contract discussions failed with the highest ranked respondent, discussions would be undertaken with the second highest ranked respondent. As a result, the information contained in the top two responses has remained confidential until the recommendation for contract award is made public by this memo. For purposes of information, the top two responses to the RFQ represented very different approaches. The highest ranking reflects that less weight was accorded to the relative strength inherent in the response by one individual than by that of a well known and respected local, state, and national organization with an outstanding reputation for quality youth programs. They also have an excellent record in Kenai for sharing and managing space, for having an extensive network of resources, as well as for providing a solid business background and having sound business practices already in place. The lower ranked response projected lower management fees ($108,000 the first year) in that its approach was far less oriented towards providing fully staffed programs and much more oriented towards actively marketing and subcontracting out and/or .renting out space in the facility to other private and no~nprofit groups and businesses with recreational programs. Al[er talking with the respondents, the city administration met with representatives of the Boys & Girls Clubs on two separate occasions to discuss contract terms and related matters. The city administration recommends a contract award to the Boys & Girls Clubs of the Kenai Peninsula, Kenai Un/t, in the amount of $125,000. Please note as shown on Exhibit A that the Boys & Girls Clubs has been able to keep the management fee and all the evening hours the same, even though the contract itself has changed significantly as explained in the attached memo and contract from City Attorney Cary Graves. · Exhibit A Kenai Recreation Center Annual Management Fee Based on Annual Hours of Operation Fiscal Year 2004 Management fee using revised operating hours Hours of Operation would be as follows- Community Center Monday-Saturday $125,000 8:00 am - 10:00 pm Sunday closed Teen Center Monday- Thursday Friday Saturday 2:45 pm - 10:00 pm 2:45 pm- 11 '00 pm 3'00 pm - 11:00 pm Sunday closed .) CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-?~. TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' Linda Snow, City Manager FROM: ~f3~ Cary R. Graves, City Attomey DATE' October 30, 2003 RE' Recreation Center Facility Management Contract During the discussion about award of the Kenai Recreation Center management contract, the subject may come up regarding the differences between the current proposed contract and the former contract with the Boys and Girls Club. There are material changes in the new contract. They were included to address some of the concerns brought up during the public heating process on the former contract. Here's a summary of the most important ones. o This contract is for a term of two (2) years with a two (2) year renewal by mutual consent. The former contract was for three (3) years with a possible five (5) year renewal by mutual consent. This change was made in response to concerns that the term of the former contract (a possible eight (8) years) was too long. . The payments under this contract are to be made monthly on or before the first of the month. The former contract was a yearly lump sum contract. This was changed in response to concerns that the payment method should be monthly (pro rata) rather than a yearly lump sum payment. o Fees under this contract will be set by the City Manager subject to change by the Council. The former contract allowed the contractor to set the fees. This was changed to assure the public that the Council has control over the fees and charges at the recreation center so that the contractor cannot raise them unduly high. . This contract requires the contractor to provide a list of services. The former contract only made those services a priority. This is in response to concerns that the listed services were only a priority under the contract. This makes it clear they are mandatory. The list of services to be provided are: Linda L. Snow October 30, 2003 Page 2 of 2 Se Se ao g. h. i. j. k. 1. Teen Center Toddler Time Home School Gym Senior Exercise Wallyball and Racquetball Open Gym Time -~ Volleyball Weight Room and Sauna Men's and Women's Adult Basketball leagues Practice time for Kcnai Middle SChool Boys' and Girls' Basketball Practice time for Kenai High School Boys' and Girls' Basketball "C" Teams After-prom and after-graduation activities for Kenai Central High School (free of charge) This contract allows the contractor to keep fees and charges up to $100,000. Any fees and charges collected above $100,000, which are not spent on programs at or for the Kenai Recreation Center, will be split equally (50/50) by the City and the contractor. This section was changed to ensure that proceeds from the contract over the expected amount would be spent on the Kenai Recreation Center or split equally with the City. The amount of base compensation may be different. The former contract paid $125,000 per year. It has not yet been determined what the base compensation level of the new contract will be. Please let me know if you have any questions. CRG/sp KENAI RECREATION CENTER FACILITY MANAGEMENT AGREEMENT between and The City of Kenai In consideration of the mutual promises herein, the City of Kenai (City), 210 Fidalgo Avenue, Kenai, Alaska 99611, and , (address) agree as follows' The City desires to contract with to manage and operate the Kenai Recreation Center. This shall be accomplished through the facility management services of (address) · Facility management services shall be a year-round function to ensure the annual operating plan is camed out. This Agreement consists of: me ____ sections of provisions, consisting of 16 pages; and Be Attachment A, Fee Schedule, consisting of 1 page. Section 1. Definitions In this Agreement- mo "Manager'' means the Kenai City Manager or designee, thereafter, as agent for and on behalf of Kenai. Bo "City" means the City of Kenai. Facility Management Agreement Page 1 of 16 C. "Center" means the facility known as the Kenai Recreation Center located at 227 Caviar, Kenai. De "Concession" includes all sales or rentals of goods or services in the Center, the pans of the Center where those sales or rentals are made, and equipment or facilities in the Center used for those sales or rentals. E,, "Contractor" means Fo "Management" means responsibility for the proper functioning of all Center operations necessary to support the Center's provision of service to the public safely and efficiently, including but not limited to, supervision of staff and participants, programming, scheduling, maintenance, sales, marketing and concessions. me Section 2. Contractor's Services Contractor shall perform facility management services in accordance with this Agreement. g. The City shall not allow any claim for services other than those described in this Agreement. However, Contractor may provide, at its own expense, any other services that are consistent with this Agreement Section 3. Term. Ao The term of this Agreement shall be two (2) years from the effective date of the contract, unless terminated sooner as provided herein. Be Upon mutual consent, this Agreement may be renewed for a term of two (2) years. Contractor shall notify the City in writing no less than ONE HUNDRED EIGHTY (180) days before current Agreement expires if it intends to renew. Facility Management Contract Page 2 of 16 C~ Contractor acknowledges the City has no obligation to continue its performance beyond the term of this Agreement, regardless of the degree to which the Contractor's performance is successful. Section 4. Contractor's Responsibility Contractor shall be solely responsible for the faithful performance of all its duties under this Agreement. Section 5. Annual Operations Plan me Operations Plan. No later than of each year, Contractor shall develop and provide the City with the latest version of the Center Operations Plan. The plan should contain, at a minimum, the following: o A safety and security plan; and 2~ A facility use plan for the Center that includes days of operation and hours open, current booking and scheduling procedures, current fee schedule and other roles governing use of the facility; and o A program schedule; and 4. A staffing plan. Section 6. Center Annual Operating BUdgets No later than of each year, the Contractor shall develop and provide the City with the latest version of the Annual Operating Budgets. The proposed budgets should include all projected and one prior year's actual operating and capital costs for the Center, including a projected income and expense statement, and projected year-end balance sheet. Additionally, the budget should include the following detailed projections' Facility Management Contract Page 3 of 16 mo Revenues by category and source; and Bo Operating expenses by category; and Co Administrative and general expenses. Section 7. Exclusive License This Agreement does not lease, demise, rent or otherwise convey any land or interest in lands or real property, including the property at 227 Caviar Street known as the Kenai Recreation Center. Section 8. Right of Entry The City, its officers, agents and representatives shall be permitted to enter the Center premises during operating hours to examine the same. The City will notify the Contractor if it requires emergency entry after operating hours. Section 9. Alterations and Renovations Contractor agrees not to make any alterations or renovations to the Center premises without prior written consent of the City. Approved projects will require an actual cost report to be filed with the City at completion of the project. Section 10. Operations and Maintenance Costs The City will be responsible for maintenance and repair of the structure necessitated by normal wear and tear. The Contractor shall be responsible for the maintenance and repair of the Center equipment, i.e., weight room equipment, pool tables, vending machine. The Contractor shall bear the responsibility for the repair of the structure due to any damage or breakage caused by the negligence or intentional act of the Contractor or a client during operating hours of the Contractor. Water, sewer, electrical and natural gas and (non-long distance) telephone service Facility Management Contract Page 4 of 16 for the Center will be paid by the City. The Contractor shall pay for janitorial services for the Center. Section 11. Signs Contractor shall not place or erect poles, lights or devices on the exterior of the Recreation Center or adjacent property without prior written approval by the City. The Contractor's signs and advertising devices of appropriate nature are allowed outside of the building. Section 12. Consideration As consideration for Contractor's undertaking hereunder, the City shall pay per year for facility management of the Kenai Recreation Center. Payments shall be made monthly on or before the first of the month. The payments under this Agreement require funds from appropriations and are subject to future appropriations. If sufficient funds are not appropriated for payments required under this Agreement, this Agreement shall terminate and the City shall not be obligated to make the payment under this Agreement beyond the then-current municipal fiscal year for xvhich funds have been appropriated. The City shall notify the Contractor within seven (7) days of the failure of the Council to appropriate funds sufficient for the payments. Payments for partial months will be proportional to the number of days the Center is operated. Upon execution of this Agreement, it is the intention of the City that the Agreement run its entire term. Section 13. Termination of Contractor's Services Contractor's services under Section 2 may be terminated by mutual consent of the parties. Facility Management Contract Page 5 of 16 Section 14. Termination for Cause mo If either party fails to perform any of the terms, conditions, covenants, or obligations under the Agreement, said Agreement might be terminated at the option of either party. However, as a condition of the exercise of its right of termination under this subsection, a party shall notify the other in writing of its intent to term~inate this Agreement stating with reasonable specificity the grounds therefore. Upon receiving written notice from a party, the other party will have thirty (30) calendar days to cure said default(s). If the other party fails to cure all defaults to the satisfaction of the other party within thirty (30) days after receiving notice, the City or Contractor may terminate this Agreement. Bo If Contractor's services are terminated, for whatever reason, Contractor's claim 'for compensation under this Agreement shall be limited to payments due based on a proportional number of days the Center was operated. Contributions in kind are not eligible for reimbursement unless directed toward approved appraisable improvement to the Center. Upon termination, any alteration or renovation to the Center, approved by the City per Section 9, will be reimbursed at fair market value or actual cost as reported under Section 9 (whichever is less) unless the parties have previously otherwise agreed. If necessary, fair market value of such improvements will be determined by a professional appraiser. The appraiser will be selected jointly by the parties and the appraisal fee will be split equally. Section 15. Repossession of Center mo Upon termination of this Agreement under Section 13 or Section 14, the City may take possession of the Center and of all facilities thereof. Facility Management Contract Page 6 of 16 Be Upon termination of this A~eement under Section 1'3 or Section 14, there shall be a transition period of not greater than ninety (90) days with regard to the removal of Contractor's property from the Center. If Contractor fails to vacate upon expiration of the transition period, the City may remove the property at Contractor's expense. Section 16. Duties Upon Termination Ae Contractor shall deliver to the Manager all documents, records, work products, materials and equipment owned by the City and requested by the Manager. Be Except as provided in this section, termination of Contractor's services under Sections 13 or 14 does not affect any other fight or obligation of a party under this Agreement. Section 17. Insurance and Business License me Contractor shall maintain in good standing the insurance described in subsection B of this section. Before rendering any services under this Agreement, Contractor shall fumish the Manager with proof of insurance in accordance with subsection B of this section in a form acceptable to the Risk Manager for the City. Contractor shall also be required to provide a valid Alaska business license prior to rendering services under this Agreement. Be Both parties shall provide the following insurance: 1. Comprehensive general liability, including premises operations, contractual, independent contractors, and personal injury coverage's -- $1,000,000 per occurrence. o Comprehensive automobile liability-- $1,000,000 combined single limit per accident, to include owned, hired and non-owned vehicles. Facility Management Contract Page 7 of 16 ge Employer's Liability and Worker's Compensation for their own employees as required by statute for each occurrence. . Each party shall be named as additional insured for purposes of the operation of the Recreation Center to the extent allowable on all policies (except Worker's Compensation). Ce Each policy of insurance required by this section shall provide for no less than thirty (30) days advance written notice to the City prior to cancellation or change in insurance amount and shall be written by an insurer rated A- or better by A. M. Best. Do The City shall provide broad form property damage insurance for the Center. Ee Contractor shall report all incidents of accident or injury promptly in writing to the City Manager for Kenai. Section 19. Notice of Claims Each party hereto shall give to the other prompt and timely written notice of any claim made or suit instituted within its knowledge that in any way, directly or indirectly, contingently or otherwise, affects or might affect the other party. Section 20. Assignments Unless otherwise allowed by this Agreement or in writing by the Manager, any assignment by Contractor of all or pan of this Agreement shall be void. Section 21. Ownership' Publication, Reproduction and Use of Material Ae Equipment and furnishings purchased with Contractor funds shall be the sole property of Contractor. Facility Management Contract Page 8 of 16 B. With the exception of pass-through grants administered by the City, equipment and furnishings purchased with City funds or any funds provided by grants from the City, shall be the sole property of the City marked and inventoried as such with a copy of the inventory forwarded to the City. Co Contractor. Equipment and furnishings donated to Contractor shall be the sole property of Do Prior to occupying the Center, the Contractor and the City shall conduct a walkthrough to investigate conditions of the facility and equipment inside the building. Section 22. Notices Any notice required pertaining to the subject matter of this Agreement shall be either sent via mail by prepaid first class registered or certified mail "Return Receipt Requested," or delivered to the following addresses: Kenai City Manager 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-8222 FAX: (907) 283-3014 Notices are effective upon receipt Section 23. Phone: (907) FAX: (907) Public Facility It is the City's intention that the Kenai Recreation Center and the programs provided The Contractor may not restrict appropriate public therein be available to the public. participation at the facility or public access for appropriate use of the facility. The fees charged by the contractor must not discourage public use and should be consistent with fees charged for similar services at other municipal recreation centers. Facility Management Contract Page 9 of 16 Section 24. Relationship of Parties Contractor shall perform its obligations hereunder as an independent contractor of the City. Kenai may administer this Agreement and monitor Contractor's compliance with its obligations hereunder. The City shall not supervise or direct Contractor other than as provided in this Agreement. Section 25. Permits, Laws and Taxes Contractor shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to its performance under this Agreement. All actions taken by Contractor under this Agreement shall comply with all applicable statutes, ordinances, roles and regulations. Contractor shall pay all taxes pertaining to its performance under this Agreement. Section 26. Non-waiver The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the fight of such party thereafter to enforce each and every provision hereof. Section 27. Amendment. Ae This Agreement shall only be amended, modified or changed by a written amendment, executed by authorized representatives of the parties. Be For the purposes of any amendment modification or change to the terms and conditions of this Agreement, the only authorized representatives of the parties are the Contractor and the City Manager for the City of Kenai. C, Any attempt to amend, modify, or change this Agreement by either an unauthorized representative or unauthorized means shall be void. Facility Management Contract Page 10 of 16 Section 28. Jurisdiction' Choice of Law Any civil action rising 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 govem the rights and obligations of the parties under this Agreement. Section 29. Severability Any provision of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement. Section 30. Integration This instrument and all appendices and amendments hereto 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 contracts, either oral or written, between the parties hereto. Section 31. Inspection and Retention of Records Contractor shall, upon reasonable notice by the City, make available to the City, for examination, all of its records with respect to all matters covered by this A~eement for a period ending three (3) years after the date Contractor is to complete performance. Upon request, and within a reasonable time, Contractor shall submit such other information and reports relating to its activities under this Agreement, to the City, in such form and at such times as the City may reasonably require. Contractor shall permit the City to audit, examine and make copies of such records, and to make audits of all invoices, materials, and other data relating to all matters covered by this Agreement. The City may, at its option, permit Contractor to submit its records to the City in lieu of the retention requirements of this section. Facility Management Contract Page 11 of 16 Section 32. Scope of Services Management of the Kenai Recreation Center by Contractor shall fully and completely perform the services detailed in this agreement. mo Operation. Contractor shall prepare an annual operating budget and an annual operations plan for the Center. Contractor shall work with the Manager to assure the Operations Plan meets the requirements and expectations of the City of Kenai. Bo Concessions. Contractor may operate Concessions. Contractor shall have the exclusive right to operate concessions in the Center. C. Revenues. Contractor shall collect all revenues generated by the Center. Appropriate methods for financial control and auditing will be implemented. The City of Kenai shall not have any liability or responsibility for funding any deficits or any part thereof. De Operational Services. Contractor shall provide all employees and volunteer staff required for the operation of the Center. Ee Fee Schedule. Contractor shall develop and publish fee schedules for all events and activities at the Center. The fee schedule shall be approved by the City Manager subject to change by the Council. The fee schedule in Attachment "A" shall be in effect at the start of the contract. Fo Appearance. Contractor shall keep all facilities of the Center in a clean and sanitary condition during the period of operation. Ge Community Services. Contractor shall consider input from community residents and groups to provide community services for recreation, education, cultural and leisure activities. Facility Management Contract Page 12 of 16 He Scheduling. The parties agree the Contractor shall maintain daily, monthly and annual schedules of services and activities. I. Services. The parties agree recreational, educational, cultural, and leisure programs and sen, ices for all age groups shall be offered to the public. Contractor is responsible for defining said services and coordinating all aspects of service offerings. Contractor shall maintain public use services through the Recreation Center. Unless termination is requested in writing by the Contractor and approved by Council, Contractor shall provide the following services: 1. Teen Center 2. Toddler Time 3. Home School Gym 4. Senior Exercise 5. Wallyball and Racquetball 6. Open Gym Time 7. Volleyball 8. Weight Room and Sauna' 9. Men's and Women's Adult Basketball Leagues 10. Practice time for Kenai Middle School Boys' and Girls' Basketball 11. Practice time for Kenai High School Boys' and Girls' Basketball "C" Teams 12. After-prom and after-graduation activities for Kenai Central High School (free of charge) Contractor agrees to make the facility available to other community user groups and/or organizations in order to serve the varied interest and needs of the community. Contractor may charge a fee for said programs and/or services. J, Operating Hours and Dates. Contractor shall operate the Kenai Recreation Center according to a published schedule. re Employees and Volunteers. Contractor shall comply with all applicable, local, state, and federal laws relating to employment practices. Contractor shall provide, at its own Facility Management Contract Page 13 of 16 expense, a sufficient number of employees and/or volunteers to meet the hours of operation and serve the public efficiently. Lo Fees and Charges 1. Contractor will publish, post or otherwise make available all fee schedules. 2. Contractor will collect and retain all fees and charges for programs, services and rentals. The base amount of this contract as set out in Section 12 or grants received for the Kenai Recreation Center are not considered fees and charges. Contractor will retain fees and charges collected up to $100,000 per year. Fees and charges collected over $100,000 and not spent on programs at or for the Kenai Recreation Center will be divided equally (50/50) between the Contractor and the City. Mo Accounting and Reporting. Contractor shall maintain such books, records, and accounts of operation as would be considered prudent for such an operation. Contractor shall prepare and submit to the City of Kenai yearly reports showing usage of the facility by program. No Cleaning of the Premises 1. Contractor will provide all janitorial services and supplies required to keep the Center clean and presentable. e Contractor shall not permit any garbage or other refuse to accumulate on the premises. Oo Security. Contractor shall take all reasonable precautions to prevent unauthorized entry into the Recreation Center, including the placing of signs or other devices intended to deter or restrict such entry. Contractor shall develop and follow policies and procedures relating to issuing keys, handling cash and deposits, opening and closing, and dealing with difficult patrons. Facility. Management Contract Page 14 of 16 P. Snow Removal. Contractor shall be responsible for snow removal of all sidewalks around the building or leading up to the building of the Recreation Center. Responsibility for snow removal of the parking lot shall be the City's. Qo Annual Community Meeting. Each January the Contractor will advertise and conduct a public meeting to receive public input into past and future operations of the Center. Minutes of the meeting will be recorded and forwarded to the City of Kenai. Ro Fundraising. Fundraising using the name of, or on behalf of, the City of Kenai or the Kenai Recreation Center must be approved in advance in writing by the City of Kenai. Section 33. Third Party Beneficiaries There are no intended third party beneficiaries of this Agreement, and no person other than the named parties to this Agreement (the City of Kenai and the Contractor) shall acquire any rights under it. Section 34. Liaison The named parties shall each designate a liaison who shall attend a board/commission meeting of the other entity twice a year to discuss the operation of the Center. IN WITNESS WHEREOF, the parties have executed this Agreement on the date shown below. CITY OF KENA1 CONTRACTOR By: Linda L. Snow City Manager By: (print) (title) Facility Management Contract Page 15 of 16 DATE: DATED: ATTEST: Carol L. Freas, City Clerk Approved as to form: Cary R. Graves City Attorney STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this 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 the State of Alaska. My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 2003, , 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. Facility Management Contract Notary Public for the State of Alaska. My Commission Expires: Page 16 of 16 KENAI AIRPORT COMMISSION OCTOBER 9, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: ITEM 2' ITEM 3: ITEM 4: ITEM 5: ITEM 6: Co ITEM 7: ITEM 8: ITEM 9: ITEM 10: bo ITEM 11: CALL TO ORDER AND ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY-- August 14, 2003 PERSONS SCHEDULED TO BE HEARD Cary R. Graves, City Attorney-- Commission and Committee Powers OLD BUSINESS Discussion-- Off-airport Car Rental Fees Discussion -- Airport Noise/Web Page Discussion -- Airport Marketing/Airport Business Plan NEW BUSINESS Recommendation -- Hertz Rental Car Concession Recommendation -- Lease Application/Division of Forestry, Lot 4, F.B.O. Subdivision No. 7. Recommendation -- Lease Application/John C. ih Marie L. Parker d/b/a 20/20 International, Inc., Lots 5 & 6, Block 1, F.B.O. Subdivision REPORT Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND QUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION ITEMS Kenai City Council Meeting Action Agendas for September 17 and October 1, 2003. 9/03 Kenai Municipal Airport Monthly Enplanements and Float Plane Basin Activity Reports ADJOURNMENT KENAI AIRPORT COMMISSION OCTOBER 9, 2003 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1- CALL TO ORDER AND ROLL CALL The meeting was called to order by Chairman Knackstedt at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: Absent was' Others present' Bielefeld, Knackstedt, Haralson, Watkins and Zirul (arriving late). Versaw Council Member Joe Moore, City Attorney Cary Graves and Airport Manager Rebecca Cronkhite. ITEM 2: AGENDA APPROVAL A clarification from the Division of Forestry was noted and distributed to the Commission. MOTION: Commissioner Watkins MOVED to approve the agenda with the addition of the Division of Forestry letter and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- August 14, 2003 MOTION: Commissioner Ha. raison MOVED for approval of the minutes as presented and Commissioner Watkins SECONDED the motion. There were no objections. SO ORDERED. ITEM 4' PERSONS SCHEDULED TO BE HEARD -ao Cary R. Graves~ City Attorney-- Commission and Committee Powers Attorney Graves referred to a memorandum included in the packet relating to commission and committee powers and reviewed the information included. He noted, the council really values the Commission and although they don't always agree, the Commission's hard work is really appreciated. When asked if there was a problem with the Airport Commission, Graves answered no, he was visiting with all the commissions to discuss the information. ITEM 5: OLD BUSINESS ,,, Discussion -- Off-airport Car Rental Fees The Commission reviewed a memorandum included in the packet by Cronkhite. A general discussion took place in which the consensus of the Corn__~ission was to go forward with the proposed ordinance as it is currently written. 5-b. Discussion -- Airport Noise/Web Page The Commission reviewed the information included in the packet, noting a suggestion had been received to include a process on the airport website for the public to file complaints. This was accomplished. A general discussion took place in which it was suggested another field be added to administration's tracking database to include the resolution of the complaint. Discussion also took place on whether traffic patterns can be adjusted. A representative from the air traffic tower was in the audience and offered an explanation of the traffic patterns and how air traffic is managed. Additional traffic pattern information was requested. Discussion -- Airport Marketing/Airport Business Plan Cronkhite reviewed the memorandum and information included in the packet relating to airport business plans. A general discussion of business plans and airport development followed. The Commission requested a work session be held on November 13 at 7:00 p.'m. in the council chambers to discuss further the development of an airport business plan. The Commission also requested the council be invited to attend as well. ITEM 6: NEW BUSINESS Recommendation -- Hertz Rental Car Concession Cronkhite referred to and reviewed with the Commission her memorandum noting Hertz Rental Car being the only company who had expressed an interest in leasing the vacant car rental concession space at the airport. MOTION: Commissioner Haralson MOVED to recommend council approval of the Hertz lease and Commissioner Watkins SECONDED the motion. There were no objections. SO ORDERED. AIRPORT COMMISSION MEETING OCTOBER 9, 2003 PAGE 2 6-b o Recommendation-- Lease Application/Division of Forestry, Lot 4, F.B.O. Subdivision No. 7. The Commission reviewed a memorandum from Klm Howard which was included in the packet along with a lease application filed by the Division of Forestry for Lot 4, FBO Subdivision No. 7. The memorandum explained the lease would be for a ten-year period and the property would be used for support of wildlife fire operations from the Kenai Municipal Airport, specifically for fire retardant storage and as a re-load base to air tankers. Knackstedt distributed a copy of the Airport Master Plan and the Commission determined the use was consistent with the Plan. MOTION: Commissioner Haralson MOVED to recommend approval of the lease and Commissioner Bielefeld SECONDED the motion. There were no objections. ORDERED. SO Recommendation -- Lease Application/John C. & Marie L. Parker d/b/a 20/20 International, Inc., Lots 5 & 6, Block 1, F.B.O. Subdivision A memorandum from Klm Howard was included in the packet in addition to the lease application filed by John C. & Marie L. Parker, d/b/a 20/20 International, Inc. It was noted, the lease would be for Lots 5 and 6 of Block 1, FBO Subdivision and for 35 years each. The lots would be used for sites for aircraft hangars to be constructed. John Parker, who was in the audience, noted they planned to begin construction of the first part of the project in April. Cronkhite noted the proposed development would be in an area the Master Plan designates as cargo/FBO. Allowing hangars for small general aviation and helicopter operations to be built in this area would be contrary to the current Master Plan. MOTION: Commissioner Watkins MOVED to recommend approval of Parkers' lease even with the knowledge of the Master Plan designation for cargo and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT Commission Chair-- Knackstedt welcomed Zirul to the Commission. 7-b o Airport Manager-- No report. City Council Liaison -- Council Member Moore reported the follow/ng: An ordinance amending the no-hunting areas in the city had been tabled AIRPORT COMMISSION MEETING OCTOBER 9, 2003 PAGE 3 in order for administration to clarify where hunting is not allowed around the airport. The map accompanying the ordinance will be amended as well. · The Arctic Winter Games Host Society will be reviewing a proposed lease for them to lease the upstairs of the Fire Training Facility for their office area. ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS -- None. ITEM 9: ITEM 10: PERSONS NOT SCHEDULED TO BE HEARD -- None. INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for September 17 and October 1, 2003. 10-b. 9/03 Kenai Municipal Airport Monthly Enplanements and Float Plane Basin Activity Reports ITEM 11: ADJOURNMENT MOTION: Commissioner Bielefeld MOVED to adjourn and Commissioner Ha_raison SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9:50 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING OCTOBER 9, 2003 PAGE 4 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 8, 2003 - 7:00 p.m. ® CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *September 24, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: ® OLD BUSINESS: a. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection- Discussion ® NEW BUSINESS: a. Holiday Meetings (November 26 and December 24, 2003) - Discussion 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. Planning & Zoning Resolution Report (January thru September 2003) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 8, 2003 - 7:00 P.M. CHAIR RON GOEC~, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at approximately 7'00 p.m. 1-a. Roll Call The roll was confirmed as follows: Commissioners Present: Bryson, Barrett, Hammelman, Eldridge, Amen, Glick, and Goecke Others Present: City Clerk Freas, City Planner Kebschull, Council Member Osborne 1-b. Agenda Approval MOTION: Commissioner Eldridge MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 'Ce 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 -- September 24, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS-- None. ITEM 5: PUBLIC HEARINGS-- None. ITEM 6: OLD BUSINESS Discussion -- Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection Kebschull explained, City Manager Snow requested the item be included on the agenda in order to address any questions the Commission may have or request research of information by administration. She also noted, administration's report was not yet available and until that information is available, the Commission was not being requested to make a recommendation. A general discussion followed. Commissioner Bryson suggested a draft ordinance delineating the process for review, etc. accompany the administrative report. He noted, a different situation could exist for each project depending on whether it is a private project or if it is a city project. He noted a concern if the council is directly or indirectly involved in the project and also acts as a board of appeals. Kebschull was asked to give a review of information discussed at the September 24 meeting relating to administrative concerns. Kebschull stated her understanding is, if the city takes over the responsibility of the ordinance, it would have to provide educational information to the individual proposing development within the 50 feet; review the development; determine whether a conditional use permit is required; provide information to the other permitting agencies; develop a working relationship with the borough relating to tax credits, etc.; and, the staff time costs. She noted approximately eight permits a year have been approved since the existence of the borough's ordinance and currently the permitting agencies meet and review the plans, make site visits, etc. before, during and after construction which involves a lot of staff time. Kris Schmidt -- Schmidt spoke against the proposal for the city to take over the responsibilities of the ordinance. She noted, she was presently involved in a large subdivision development project involving many hours of time from the permitting agencies, as well as hers and the developer's time. She noted, her client is very opposed to having to deal with another regulatory agency. Schmidt added, she felt the current review agencies have trained staff; it's a one-stop shopping process; all the meetings are at one location; she didn't see any reason for the city to take over the responsibility at this time; and, has not heard any reason why taking over the responsibility would be of any advantage. She also noted her concern there would be two sets of standards developing over time relating to how the city and borough interpret the ordinances. Schmidt also stated she thought there would be a need for additional city staff to accommodate the review requirements. It was noted, Schmidt's current development project is for an area outside the city limits and at this time, it is not known how a city ordinance would affect development projects. PLANNING & ZONING COMMISSION MEETING OCTOBER 8, 2003 PAGE 2 James C. Bookey, III, 1503 Second Avenue, Kenai-- Council Member Bookey stated he thou§ht the debate on the ordinance and whether the city should consider administerin§ the ordinance for properties w/thin the city was premature. He explained, recently he learned the lower six miles of the fiver was included in the borough's ordinance which concerns him as he believes the city should be in control of its destiny. Because of these concerns, he requested council to allow review of the current ordinance and consideration of the city takin§ over the administration of the ordinance for property within the city. Bookey added, administration is to forward a memorandum relatin§ to what it sees as advanta§es and disadvanta§es in re§ard to the city takin§ over the ordinance and after the Commission reviews all the information, includin§ administration's report, then it would be appropriate to debate the issue and make a recommendation. ITEM 7: NEW BUSINF~S Discussion -- Holiday Meetings (November 26 and December 24, 2003) Kebschull reported the Commission's November 26 meeting will fall on Thanksgiving Eve and the December 24 meeting on Christmas Eve. She asked ff the Commission would like to forward a request to cancel the meetings. Goecke noted the consensus of the Commission was to request cancellation of the meetings. ITEM 8: PENDING ITEMS-- None. ITEM 9: CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council -- Referring to the council meeting agenda of October 1, which was included in the packet, Council Member Osborne reviewed actions taken. Council Member Moore (in the audience) also reported the Arctic Winter Games Host Society would be reviewing a proposed three-year lease for their use of the upstairs of the Fire Training Center. It was also noted, the lease was for less than fair market value and had been reviewed and approved by the FAA. 10-b. Borough Planning-- No report. l O-c. Administration -- Kebschull reported the following: · A comparison of 2002 and 2003 resolutions was included in the packet. She noted the home occupation permits were higher in 2002 because of the initial PLANNING & ZONING COMMISSION MEETING OCTOBER 8, 2003 PAGE 3 reports of home day cares in the city. The city is now automatically contacted by applicants prior to their receiving their state license. · The Commission will hold a public hearing at their next meeting for a conditional use permit for development of Ward's Cove Cannery. Their representatives have met with city administration to learn what permits, etc. will be necessary for their project. They will want to use their two permanent docks and one floating dock to allow people to access the planned restaurant and shops from the river. The current Corps permits are being checked and will have to be transferred to the new owners. Kebschull added, it is a very exciting project for the city and the developer hopes to have the business open in May. · Home Depot is supposed to have significant completion on their project by October 27. They are beginning to make it ready to bring in merchandise with an opening date the beginning of December. ITEM 11: PERSONS PRE~ENT NOT SCHEDULED Council Member Joe Moore, 1006 Inlet Woods, Kenai -- Moore stated he believed the Commission raised valid points relating to the river ordinance and noted the issue was brought to council as an idea for review due to concerns when the ordinance was first proposed. He noted, the city had opposed the ordinance to include the lower five miles of the river for properties within the city limits. It was just brought to their attention the ordinance still includes the lower five miles. Council felt the city taking over the administration of the ordinance for properties within the city limits was worth exploring. Moore encouraged the Commission to review all the material prior to making a decision. He added, it is not council or administration's intention to add to bureaucratic red tape or hinder development. Moore also noted, the Arctic Winter Games Host Society's use of the upstairs of the Fire Training Facility will be considered an in-kind contribution from the city toward the Games. ITEM 12: INFORMATION ITEMS 12-a. Planning & Zoning Resolution Report (January thru September 2003) ITEM 13: COMMISSION COMMENTS/h QUESTIONS Eldridge stated he understood the city is exploring the issue of administering the fiver protection ordinance because of the potential for borough decisions being made that may not be in the best interest of the city. Additionally, if appealed, the Assembly would act as the board of appeals. He added, if the city enforces the ordinance, the Commission and council, who have the city's interest at heart, would be who would PLANNING & ZONING COMMISSION MEETING OCTOBER 8, 2003 PAGE 4 be reviewing, acting, and hearing appeals. review of the possibilities was needed. ITEM 14: ADJOb'RNMENT Eldridge stated he believed a serious The meeting adjourned at approximately 7:41 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING OCTOBER 8, 2003 PAGE 5 le CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 22, 2003 - 7:00 p.m. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as pan of the General Orders. ® *APPROVAL OF MINUTES: a. *October 8, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-43 - An application for a Conditional Use Permit for the following uses: Hotel/Motel, Restaurant, Bar, Food Vendors, Bakery, Theatre/Commercial Recreation, and Recreational Vehicle Park. The application is for the property known as Government Lot 9 in Section 8 and Government Lots 11 and 12 in Section 17 excluding there from that portion as per easement 183 ~ 450 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steve Agni and Jon Faulkner, 4786 Homer Spit Road, Homer, Alaska. 6. OLD BUSINESS: a. Comprehensive Plan- Discussion of Public Comments b. November 26 and December 24, 2003 Meeting Cancellation 7. NEW BUSINESS: a. Certified Local Government Guidelines- Discussion b. Lease Application, 20/20 International, Inc. and John C. & Marie L. Parker, Individually - Lots 5 & 6, Block 1, F.B.O. Subdivision- Discussion/Recommendation c. Lease Application, Division of Forestry- Lot 4, F.B.O. Subdivision No. 7 - Discussion/Recommendation 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. Zoning Bulletin- September 25, 2003 b. Board of Adjustment decision "In Thc Matter of Thc Appeal By Nancy Hcnrickscn of thc Modification of Her Conditional Usc Permit"- Dated October 14, 2003 c. KPB ComprehenSive Plan Update 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING ~k ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 22, 2003 - 7:00 P.M. CHAIR RON GOEC~, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Members Absent: Others Present: Barrett, Eldridge, Amen, Glick, Goecke, Bryson Hammelman Councilman Ross, City Planner Kebschull, Contract Secretary Roper 1-b. Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda adding the information provided prior to the meeting and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the Consent Agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- October 8, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS-- None ITEM 5- PUBLIC HEARINGS PZ03-43 - An application for a Conditional Use Permit for the following uses: Hotel/Motel, Restaurant, Bar, Food Vendors, Bakery, Theatre/Commercial Recreation, and Recreational Vehicle Park. The application is for the property known as Government Lot 9 in S~ction 8 and Government Lots ! ! and 1~ in S~ction 17 excludin~ there from that portion as per easement 183 ~ 450 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steve Agni and Jon Faulkner, 4786 Homer Spit Road, Homer, Alaska. MOTION: Commissioner Eldridge MOVED to approve PZ03-43 and Commissioner Glick SECONDED the motion. Chairman Goecke opened the public hearing and announced that photos and artist renditions of the project were available for review. Jack Alexander, Kenai, Alaska -- Mr. Alexander indicated he had no problem with the conditional use permit but expressed concern with the curvature of the road. Alexander reported there had been at least four rollover accidents in that area since he and his wife had moved to the area and was concerned increased traffic will result in more accidents. Alexander stated the property at the curve is going to be built on and suggested the City, Borough or the applicants consider purchasing the lot to keep it vacant for safety purposes. Steve Agni, Anchorage, Alaska -- Mr. Agni introduced himself as one of the two partners in the project and provided a brief explanation of their plans for Ward's Cove and their desire to maintain the historic elements of the property. Commissioner Barrett asked how Angi felt about the concern with the road. Agni stated he was not familiar with the road and thought signage may be appropriate. Agni stated they would be in contact with the Borough. Commissioner Amen asked what three major steps were taken to protect the fiver. Agni replied, his partner, Jon Faulkner, had met with the appropriate agencies and they will be involved. Agni continued, there were no plans for bluff excavation and they would protect the wetlands. Commissioner Eldridge asked about the repair and maintenance of the existing dock. Agni stated they want river access and will focus more on access for those who are less ambulatory. Agni added, they would provide fiver access but have no plans to expand what is already in place. Eldridge asked about a waterfront restaurant and Faulkner stated the project was scaled to what is more realistic, but there is room in the future for a waterfront restaurant. Agni added, the site offers a lot of opportunity and the project consists of a one-year, three-year and long-term plan. Agni stated they hope to have the lodging unit done by spring to accommodate 30 to 50 people. PLANNING & ZONING COMMISSION MEETING OCTOBER 22, 2003 PAGE 2 Barrett asked about a haul-out for power or drift boats. Faulkner indicated there were no plans for a launch at this time due to the tidewaters. Additionally, a permit is required and no effort had been made to obtain one at this time. After review of the photos and renditions, Barrett asked about the landscaping plans. Faulkner stated they were very pleased with the renditions and the landscaping that is shown. Barrett asked about the exterior of the buildings and Faulkner stated painting was definitely needed but the metal walls and roofs would stay. Faulkner added, the wooden structures would require insulation as they will be used year-round and the original windows will remain. Faulkner reiterated their desire to maintain the historic integrity of the buildings. It was noted the property was not on the historic register. Barrett asked if the names of the buildings would remain and Agni replied, they have no ownership to the names. Discussion ensued regarding a museum and Agni indicated it was their intention to display some of the historic equipment on site. Faulkner added they would pursue a Certified Local Government grant to catalog the assets' that exist on site and would also look for assistance from the community to develop historic data. After the public hearing closed, Commissioner Bryson announced he would abstain as there was potential his fn'm would be hired to perform some work on the project. VOTE: Barrett Yes Hammelman Amen Yes Glick Yes Bryson Abstain Absent Eldrid§e Goecke Yes Yes MOTION PASSED UNANIMOUSLY. Kebschull advised the public they had 15 days in order to file an appeal with the City Clerk on the decision. ITEM 6: OLD BUSINF~S Discussion-- Comprehensive Plan/Discussion of Public Comments Bryson recommended the Kenaitze Indian Tribe comments be forwarded to Planning for review to determine where their comments could be incorporated into the Comprehensive Plan. Kebschull noted the information was received at 1'00 p.m. on October 22 and after a quick review, it was apparent all could be incorporated in the Plan. She added, the City Council would be provided with the areas where the items PLANNING & ZONING COMMISSION MEETING OCTOBER 22, 2003 PAGE 3 could best be incorporated. After a general discussion Kebschull noted the Council had asked for input from all agencies prior to their approval, of the Plan. The Plan will be before Council for final approval at their November 5th meeting. Discussion -- November 26 and December 24, 2003 Meeting Cancellation Kebschull reported the November 26 and December 24, 2003 Planning and Zoning meetings have been cancelled. ~ ITEM 7: NEW BUSINESS Discussion -- Certified Local Government Guidelines Kebschull stated she reviewed the guidelines and they look frae. She added, after the dissolution of the Historic District Board, the Planning and Zoning Commission was given the responsibility for the reviewing and making recommendations on any applications for the historic district. Kebschull noted, there hasn't been any activity since the Historic Board dissolved. Amen asked how closely the grants are scrutinized once they are awarded. Kebschull explained her previous experience with the two grants the City was awarded. Kebschull noted the State Historic Preservation Office is unhappy with the City's inactiveness, however, the City does maintain the standards for being a Certified Local Government. Kebschull stated a grant was received to send her and her assistant to training in Anchorage next week. Kebschull will meet with the staff at that time and will provide a report to the Commission at the next meeting. 7-bo Discussion/Recommendation -- Lease Application, 20/20 International, Inc. and John C. & Marie L. Parker, Individually- Lots 5 & 6, Block 1, F.B.O. Subdivision. Kebschull noted staff had nothing additional other than the use meets the criteria for both the zone and Comprehensive Plan. Commissioner Glick asked if the Airport Commission reviewed the application and Kebschull replied they did and recommended approval on October 9, 2003. MOTION: Commissioner Bryson MOVED to approve the 20/20 International lease application and Commissioner Glick SECONDED the motion. VOTE: [Barrett lYes I Hammelman I Absent [ Eldrid§e lYes PLANNING & ZONING COMMISSION MEETING OCTOBER 22, 2003 PAGE 4 Amen Yes Glick Yes Goecke Yes Bryson Yes MOTION PASSED UNANIMOUSLY. Discussion/Recommendation -- Lease Application, Division of Forestry -- Lot 4, F.B.O. Subdivision No. 7. MOTION: Commissioner Bryson MOVED to approve the lease application for the Division of Forestry. CommiSsioner Eldridge SECONDED the motion. Kebschull noted staff had nothing additional but pointed out this was a split zone issue. VOTE: Barrett Yes Hammelman Absent Amen Yes Glick Yes Bryson Yes Eldrid~e Goecke Yes Yes MOTION PASSED UNANIMOUSLY. ITEM ~8: PENDING ITEMS-- None ITEM 9: CODE ENFORCEMENT-- None ITEM 10: REPORTS 10-a. City Council -- Council Member Ross provided a report based on action taken at the October 15, 2003 City Council meeting. 10-b. Borough Planning-- Commissioner Bryson provided a report based on action taken at the October 13, 2003 Borough Planning Commission meeting. 10-c. Administration -- Kebschull stated a rezone report would be provided at the next meeting. She also reported the Borough comprehensive plan meeting was not very well attended. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS PLANNING & ZONING COMMISSION MEETING OCTOBER 22, 2003 PAGE 5 12-a. Zoning Bulletin- September 25, 2003 12-b. Board of Adjustment decision "In The Matter of The Appeal By Nancy Henricksen of the Modification of Her Conditional Use Permit"-Dated October 14, 2003. 12-c. KPB Comprehensive Plan Update ITEM 13: COMMISSION COMMENTS/h QUESTIONS Commissioner Barrett stated he felt this was a good meeting and he was happy to see people interested in investing in the community. Commissioner Eldridge was happy to see Ward's Cove rejuvinated. Chairman Goecke congratulated Council Member Ross on his appointment. ITEM 14: ADJOURNMENT The meeting adjourned at 8:25 p.m. Minutes recorded and transcribed by' Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEE-~ING OCTOBER 22, 2003 PAGE 6 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 15, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.u s ITEM A: ,,, CALL TO ORDER . 2. 3. 4. 5. 6. 7. Pledge of Allegiance Roll Call CERTIFICATION OF OCTOBER 7, 2003 ELECTION OATHS OF OFFICE ELECTION OF VICE MAYOR Agenda Approval Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) . Proclamation -- KENAI CHARACTER COUNTS! WEEK . Janice Chumley, Community Gardener -- Warren Larsen Memorial Test Site (Greenstrip) , Wince-Corthell-Bryson -- Presentation on Desi~l/Build Contracts. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND_ COUNCrLS ITEM D: PUBLIC HEARLNGS . Ordinance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine the Allowed Hunting Areas Within the City and Replace the Maps of Those Areas With an Updated One. Remove from table. Consideration of ordinance. . Ordinance No. 2017-2003 -- Amending KMC 1.90.050(b) to Change the Time Period for Allowed Absences for Commissions and Committees From Three Months to Six Months. , Ordinance No. 2018-2003 -- Amending the Official City of Kenai Zoning Map to Rezone a Portion of Government Lot 44. , . e , ITEM E: . 2. 3. 4. 5. 6. 7. ITEM F: . ITEM G: ITEM H: ITEM I: . o . Ordinance No. 2019-2003 -- Amending KMC 1.90.010 to Allow the Kenai City Council to Pass a Resolution Changing the Membership Number of a Commission, Board, Task Force or Committee to Greater Than Seven (7) Members. Ordinance No. 2020-2003 -- Amending KMC 24.20.010, Entitled "Care of Cemetery" and the Cemetery Regulations. Resolution No. 2003-50 -- Transferring $55,500 in the General Fund for a Library Computer System. Resolution No. 2003-51 -- Awarding a Five-Year Contract for Alaska Regional Aircraft Firefighter Training Facility Vending Machine Concession to Tyler Distributing Company, Inc. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce e. Arctic Winter Games MINUT~ *Regular Meeting of October 1, 2003. CORRESPO~ENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2021-2003 -- Increasing Estimated Revenues and Appropriations by $7,800 in the General Fund for Library Grants. o *Ordinance No. 2022-2003 -- Adding KMC 7.15.055 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. , *Ordinance No. 2023-2003 -- Increasing Estimated Revenues and Appropriations by $1,585.00 in the General Fund for the Planning Department to Attend Section 106 Training. ,, Discussion -- Kenai Convention & Visitors Bureau/City of Kenai Milepost Advertisement. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Mana§er 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council .,..EX~CU?IVE SESSION- None Scheduled ITEM M: ADJO~ENT KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 15, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:03 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were' John Williams, Mayor Joe Moore James C. Bookey, III John Osborne Linda Swarner Amy E. Jackman Absent was Pat Porter. A-3o CERTIFICATION OF ELECTION City Clerk Freas read the following into the record: CITY OF KEI~IAI REGULAR ELECTION OF OCTOBER 7~ 2003 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 7, 2003. CITY COUNCIL/TWO-YEAR SEAT.. CAI~DIDATE GILMAN, Blaine D. OSBORNE, John "Ozzie" JENCKES, James R. Write-Ins VOTES RECEIVED 55O 496 233 2 KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 2 CITY COUNCIL/THREF.~YEAR SEATS: CANDIDATE PORTER, Pat BRENCKLE, Carol A. ELDRIDGE, Barry ROSS, Richard "Rick" JACKMAN, Amy E. Write-Ins VOTES RECEIVED 612 414 218 597 374 9 MOTION: ABSENTEE BALLOTS RECEIVED (in- person, personal needs, by-mail} 181 30 QUESTIONED BALLOTS RECEIVED 211 TOTAL ENVELOPES RECEIVED ~ . . .. ,. ~ ....... ~-, ..... ....... ....... ~,.., ...... . · ,~ :;.. · ... 168 ABSENTEE BALLOTS COUNTED ,,~UESTIONED BALLOTS COUNTED 11 TOTAL BALLOTS COUNTED 179 , , , TOTAL BALLOTS NOT COUNTED 32 ....... , , 1,165 POLL VOTER TURN OUT TOTAL VOTER TURN OUT 1,376 NUMBER OF KENAI REGISTERED 5,097 VOTERS ,, VOTER TURN OUT 27% Council Member Osborne MOVED to accept the October 7, 2003 Certification of Election and Council Member Moore SECONDED the motion. KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 3 VOTE: Williams Yes Moore Yes Jackman Yes IBookey Porter Yes Swarner Absent ~ Osborne Yes Yes MOTION PASSED UNANIMOUSLY. A-4, OATHS OF OFFICE Mayor Williams administered the oaths of office to newly elected Blaine D. Gilman and Richard A. Ross. Council Members Jackman and Osborne were thanked for their services and they stepped down from the dais. Newly seated council members Ross and Gilman took their seats. A-4, ELECTION OF VICE MAYOR Mayor Williams opened the floor for nominations. MOTION: Council Member Moore MOVED to nominate Council Member Bookey as vice mayor and Council Member Ross SECONDED the motion. There were no further nominations and Williams closed the nominations. VOTE: There were no objections. SO ORDERED. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: REPLACE: D-6, Resolution No. 2003-50 -- Replacement pages for back-up information included with the resolution -- there are no changes to the resolution. SUBSTITUTE: 1-2, Purchase Orders Exceeding $2,500 -- Increase of Existing Purchase Order to Coble Geophysical Services. ADD AS: Information Item #8 -- Kenai Peninsula Borough Comprehensive Plan Update Information. KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 4 MOTION: Council Member Bookey MOVED for approval of the agenda as amended and Council Member Moore SECONDED the motion. There were no objections. $O ORDERED. A-6o CONSENT AGENDA Mayor Williams noted the following: REPLACE PAGES: F- 1, Minutes of October 1, 2003 Council Meeting -- Replace pages 2 and 3 to correct the vote information tables for the items. MOTION: Council Member Bookey MOVED for approval of the amended consent agenda and Council Member Moore SECONDED the motion. There were no objections SO ORDERED. ' ITEM B: SCHEDULED PUBLIC CO_M_MmNT8 ( 10 minutes) Proclamation -- KENAI CHARACTER COUNTS! WEEK Mayor Williams read a proclamation honoring the Kenai Character Counts" Program and students from the Kenai Middle School eighth grade class accepted the proclamation. Janice Chumley, Community Gardener -- Warren Larsen Memorial Test Site (Greenstrip) Chumley explained she wOrks for the Cooperative Extension Service and is familiar with the community gardens. She noted, the Service's contract with the city ends in 2004 and it does not intend to request a renewal. She would like the city to continue making the area available to the public for gardening. Chumley stated the city's area is the largest free community garden, with 35-40 plots, water and fencing. She suggested the city charge for the use of the plots, but with an exemption for senior citizens. Bill Osborn -- Stated he agreed with Chumley's comments and offered to volunteer time to see the program continue by mowing, maintenance, etc. KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 5 MOTION: Council Member swamer MOVED to direct administration to develop a plan to continue the community garden in the same area for at least the next ten years and Council Member Moore SECONDED the motion. A brief discussion took place in which concerns were expressed the continuation of the program should be tied into budget discussions (though that would not be until June 30 and use of the area would be prior to thatl; expected costs to the city should be investigated; expected work for city crews should be reviewed; representatives from the user groups should be involved in planning the gardening program, etc. Swarner emphasi~d her wording of the motion was for administration to develop a plan. VOTE: There were no objections. SO ORDERED. Wince-Corthell-Bryson -- Presentation on Design/Build Contracts. Phil Bryson noted his.company had been contracted by the city to provide a design/build project for security cameras at the airport. His firm will be subcontracting with an electrical engineering firm. He added, they had participated in six small design/build projects, four of which were on airports, and funded by the DOT and FAA. He reviewed the process of design/build contracts and noted several advantages as: · Allows the contractor to include proprietary equipment into the project. · When a contractor proposes materials and his bid is selected, he is assured the materials will be used in the project. · Allows the city to have control of the project (who will be installing and maintaining the equipment) instead of a low-bid process. Bryson noted, in design/build projects in which his firm has participated, point values were placed on the contractor's design/build and design proposal/management teams. He added, administration had requested he make an informational presentation as an ordinance was being introduced to amend the code to allow design/build projects. A general discussion took place in which Mayor Williams noted, the elements of design/build projects had been discussed previously and some concerns voiced by council were whether or not allowing this type of project would give an opportunity for the look of impropriety to arise. He added, council needs to know they will get the best price for the best work. Bryson explained the evaluation process he had experienced with projects in which his f'm'n had participated. Police Chief Kopp explained the recent communications center upgrade was similar to a design/build project, though it was an upgrade to existing KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 6 equipment and a sole source issue. Airport Manager Cronkhite stated the FAA will allow AIP funds to be used for design/build projects in rare cases when it is cost effective. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNC~ Assembly Member GHck -- A general discussion took place on efforts to mitigate spruce bark beetle damaged trees around the Challenger facility and it was identified the cutting, th/nh/rig and removal was a joint effort between the city, borough project contractor, and Department of Forestry. Glick also reviewed actions taken at the October 14, 2003 Borough Assembly meeting, including the certification of the borough election. She also noted an ordinance had been introduced to authorize the negotiated sale at less than fair market value of a 23.3-acre parcel in Cooper Landing to the Cooper Landing Senior Citizen Corporation. She added, the assessed value was set at $240,000 and the suggested sale price is $1.00. Glick stated she felt the property was an asset of the borough and was very concerned with the suggested sale price. She noted, the public hearing on the ordinance was scheduled for November 18. Neal Duperron, Aide to Representative Wolf-- Duperron reported Rep. Wolf would be holding a town hall meeting on October 25 in the Assembly Chambers. He also noted a Senate Judiciary Committee teleconference on the Permanent Fund Dividend was scheduled for October 28 in the Kenai City Council Chambers. BREAK TAKEN: 8:27 P.M. BACK TO ORDER: 8:39 P.M. ITEM D: PUBLIC HEARINGS D-Xo Ordinance No. 2015-2003 -- Amending KMC 13.15.010(a) to Redefine the Allowed Hunting Areas Within the City and Replace the Maps of Those Areas With an Updated One. D-la. Remove from table. MOTION: Council Member Moore MOVED to remove Ordinance No. 2015-2003 from the table and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. D-lb. Consideration of ordinance. KEN~ CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 7 MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2015-2003 with a new map which he distributed and noted the map indicates hunting allowed on the left hand side of Marathon Road, using a section line to delineate the "firearms allowed" area and allowing a buffer for the runway at the airport. Council Member Swarner SECONDED the motion. There were no public comments. Attorney Graves noted, administration investigated the reason for exclusion of this area and found nothing to prevent it. Airport Manager Cronkhite contacted the FAA and they found no rules or reasons to object to this addition. Williams noted the amendment would add approximately 800 acres to the "firearms allowed" area. Bookey stated he had no objections, but would like the boundary on the west side of Marathon Road to be marked using big signs. VOTE ON AMENDMENT: .Williams Yes Bookey Yes [ Swamer Moore Yes Porter Ab sent [ Oil m a ri l~oss Yes Yes Yes MOTION PASSED UNANIMOUSLY. VOTE ON MALN AMENDED MOTION: Williams Yes Bookey Yes [ Swamer Moore Yes Porter Absent I Gilman Ross Yes Yes Yes MOTION PASSED UN~~OUSLY. D-2. Ordinance No. 2017-2003 -- Amending KMC 1.90.050(b) to Change the Time Period for Allowed Absences for Commissions and Committees From Three Months to Six Months. MOTION: Council Member Bookey MOVED to adopt Ordinance No. 2017-2003 and Council Member Swarner SECONDED the motion. There were no public comments. Williams noted, the ordinance was before council due to the change in .the meeting scheduling, i.e. bi-monthly meetings of all KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 8 commissions/committees except Planning & Zoning. Council Member Gilman stated he believed the bi-monthly meeting schedule is not sufficient and should be changed back to a monthly schedule. He added, he understood the budgetary constraints and was aware the schedule would be followed through this budget. VOTE: Williams Moore Ross Yes Yes Yes Booker Porter Yes Absent Swa_rner lYes Gilman Yes MOTION PASSED UNANIMOUSLY. D-3. Ordinance No, 2018-2003 -- Amending the Official City of Kenai Zoning Map to Rezone a Portion of Government Lot 44. MOTION: Council Member Moore MOVED for adoption of Ordinance No. 2018-2003 and Council Member Swarner SECONDED the motion. There were no public comments. Public Works Manager La Shot explained an error was discovered when the current property owner submitted an application for building permits. He noted, a proposed rezone had been requested about ten years ago, changing from commercial to suburban residential. Upon investigation, it was found an error had been made and the zoning map had not been changed and showed the property as commercial. The rezone was being requested to right the error and rezone the property as had been intended. VOTE: Moore Yes Porter l~,oss Yes Yes Swamer Yes Absent Gilman Yes MOTION PASSED UNANIMOUSLY. D-4, Ordinance No. 2019-2003 -- Amending KIVIC 1.90.010 to Allow the Kenai City Council to Pass a Resolution Changing the Membership Number of a Commission, Board, Task Force or Committee to Greater Than Seven (7) Members. MOTION: KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 9 Council Member Bookey MOVED for adoption of Ordinance No. 2019-2003 and Council Member Moore SECONDED the motion. There were no public comments. A brief discussion took place in which Williams noted he had hoped to be able to set up a Millennium Square task force of a larger number without changing the code. Bookey stated he was leery of supporting a commission of a larger size. Ross suggested an ordinance exclusively for the Task Force with a sunset date attached and Attorney Graves stated that 'was an option council could take. Gilman stated he did not have an objection to the ordinance as it gave council the authority to create a committee or task force with more than seven members and requires a resolution to designate the group. VOTE: Williams Yes Moore Yes Ross No Bookey No Swamer No Porter Absent O~an Yes MOTION FAILED. Discussion followed in which Attorney Graves was requested to draft an ordinance for the next meeting specifying the establishment of a Millennium Square Task Force, leaving the membership open-ended and with a three-year sunset date. Ordinance No. 2020-2003 -- Amending KMC 24.20.010, Entitled "Care of Cemetery" and the Cemetery Regulations. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2020-2003 and Council Member Bookey SECONDED the motion. B. J. Elder, Peninsula Memorial Chapel-- Elder stated he reviewed the proposed changes to the regulations and noted the following concerns' · Headstones placed in concrete' Concrete does not stand up with temperature extremes in Alaska. The headstones used are granite. Concrete bases would add expense to families purchasing markers. · Flat markers- The regulations for the new proposed area of the cemetery are requiring fiat grass markers. Most people want the ability to choose a fiat or stand-up type of marker. · Surveying of new section' Elder suggested the design of the new area include a road to access the back portions of the cemetery to accommodate transportation of caskets, funeral processions, etc. Elder requested his company be involved in discussions relating to the road placement. KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 10 * Road markings' Elder suggested the underground metal pipe stands which have been placed for positioning flags in the cemetery during the spring, summer and fall months, be used for flagging the road for snow removal purpose~, etc. in the winter months. This will help to keep people from traveling over graves, etc. Parks & Recreation Director Frates reported the reference to flat markers was for the proposed addition which will hopefully be developed in the next year or so, after approval is received from the FAA, since the property is airport property. He and City Clerk Freas explained the areas to be surveyed as the area north of the gate and west of the gate. MOTION: Council Member Swarner MOVED to amend the ordinance in Section 2 of the regulations, to read, "Markers and headstones may be set in a concrete base and they shall be installed..." Council Member Moore SECONDED the motion. VOTE ON AMENDMENT: [Williams Yes I Moore Yes Ross Yes Bookey Yes Swarner Yes Porter Absent G/lm_~n Yes MOTION PASSED UNANIMOUSLY. It was noted, the other suggestions made by Elder could be handled by administration. It was also suggested representatives from Peninsula Memorial Chapel should be involved in the development of the proposed new section to the cemetery. It waa noted, when the security camera project can go forward, it is expected to include placing a camera at the cemetery to aid in reducing vandalism. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. Williams asked if it would be advisable to require underground vaults when developing the proposed new section. Elder stated underground vaults are used in the Lower 48 because of heavy equipment maneuvered across the property to dig graves. At the Kenai Cemetery, the graves are dug by hand. Requiring underground vaults would only add expense to the process. Resolution No. 2003-50 -- Transferring $55,500 in the General Fund for a Library Computer System. KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 11 MOTION: Council Member Moore MOVED for approval of Resolution No. 2003-50 and Council Member Swamer SECONDED the motion. There were no public comments. During the lengthy discussion on this item, council referred to a memorandum from Library Director Jankowska which was included in the packet, along with a cost proposal and explanation of the proposal. Information discussed included: · The Library received a March, 2004 "end of life" notice from IBM for the Library's server. After March, 2004, IBM will no longer support the server. · In March, IBM will also stop supporting its outside tape backup unit. The operating system the server runs to handle the Library's patron, cataloging and transaction records can no longer be upgraded and due to this inability, cannot handle the current library software upgrades. A request for funding for this purpose was included in the last Library budget requests and was removed. · The library server's function is different than functions of other department se~-vers. · Funding requested in the Capital Improvement Project list was vetoed by the Governor. · It is not known if the server will last through to the next budget and if it fails, there will be additional costs to reconstruct the information. · A large discount is being offered if a new server and software is purchased now, with an additional year's free maintenance. · If funded, a new Dell server would be purchased instead of IBM. The Dell's are less expensive. · The library totally depends on the Dynix software. Discussion followed in which Swamer stated she would support the resolution because of the lack of support after March, 2004 and because the "end of life" date falls before the new budget will be effective. Moore stated his support and noted, a request had been made for the funding during the last budget preparation. Moore requested council's support as well. Williams stated his concern for the cost as council discussed treating all the departments equally and if the budget is changed for one area, there could be many other changes requested as well. Williams suggested additional review was needed and requested the hardware/software issue be investigated further by an outside source. MOTION: KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 12 Council Member Moore MOVED to table Resolution No. 2003-50 until the next council meeting and Council Member Gilman SECONDED the motion. It was noted the Non-Departmental funds to be transferred by the resolution were those set aside as a match in anticipation of receiving CIP grant funds for roads. The grant was not forthcoming from the State. These funds are still sitting in the non- departmental portion of the General Fund. Some of these funds were used for the purchase of the new Finance Department software. VOTE: There were no objections. SO ORDERED. D-7o Resolution No. 2003-51 -- Awarding a Five-Year Contract for Alaska Regional Aircraft Firefighter Training Facility Vending Machine Concession to Tyler Distributing Company, Inc. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2003-51 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 10:05 P.M. BACK TO ORDER: 10:17 P.M. It was noted, Library Director Jankowska will be out of town on November 5 and council agreed Resolution No. 2003-50 would be held until the November 19, 2003 council meeting. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging -- Swarner reported a dinner theatre will be held on November 14 and 15 at the Senior Center. Tickets will be available in the near furore. E-2. Airport Commission -- Moore reported he attended the meeting for Council Member Jackman and gave a brief summary of the meeting. Moore also noted, the Commission requested a work session be held on November 13 with the council to discuss the formulation of a business plan for the airport. Council had no KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 13 objection to scheduling the joint work session to be held on November 13 and beginning at 7:00 p.m. Harbor Commission -- No report. E-4. Library Commission -- Moore reported the next meeting will be held on December 2. It was noted there were two applications for consideration to be appointed to the Commission included in the packet. The applicants were both students at Kenai Central High School. Appointment was postponed in order for the Library Commission to invite them to their December meeting and the Commission will then make a recommendation to the Mayor. E-5. Parks ~ Recreation Commission -- It was noted the meeting summary was included in the packet. Williams suggested a joint meeting be held with the Commission on November 6. He stated he would discuss the matter with the Commission chair first. E-6. Planning ~ Zoning Commission -- Bookey stated he attended the meeting and there were only two items on the agenda, i.e. the 50' setback easement, which was briefly discussed, and a request to cancel the November 26 and December 24 meetings due to their being Thanksgiving and Christmas Eves. Council had no objections to the cancellation of the November 26 and December 24 Commission meetings. Because the council would not be reorganizhag their liaison positions until the November 5 meeting, Bookey offered to attend the meetings. However, he noted, he would not be able to attend the October 22 meeting. Council Member Ross stated he would attend the meeting. It was also noted, economic round tables are being held on the first Tuesdays of each month at 10:00 a.m. E-7. E-7a. Miscellaneous Commissions and Committees Beautification Committee -- Next meeting will be held in January. Kenai Convention/h Visitors Bureau Board-- No report. E-7c. Alaska Municipal League Report -- Williams reported no council members would be attending the Conference in Nome. E-7d. Kenai Chamber of Commerce -- No report. E-7e. Arctic Winter Games -- Moore reported the agenda for the October 9 meeting and minutes of the September 11 meeting were included in the packet. He KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 14 also reported the Society accepted the contract with the city to use the second floor of the fire training facility and they are continuing their search for a event manager. ITEM F: MINUTES F-Xo Regular Meeting of October 1, 2003 -- Approved by consent agenda. ITEM G: CORRESPONDENCE-- None. ITEM H: OLD BUSINESS-- None. ITEM I: NEW BUSINF, SS I-1o Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $2,500, excluding the purchase order to Dynix and using the Substitute list marked I-2. Council Member Moore SECONDED the motion. There were no objections. ~O ORDERED. X-3o Ordinance No. 2021-2003-- Increasing Estimated Revenues and Appropriations by $7,800 in the General Fund for Library Grants. Introduced by consent agenda. Ordinance No. 2022-2003 -- Adding KMC 7.15.055 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. Introduced by consent agenda. I-5o Ordinance No. 2023-2003 -- Increasing Estimated Revenues and Appropriations by $1,585.00 in the General Fund for the Planning Department to Attend Section 106 Training. KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 15 Introduced by consent agenda. Discussion -- Kenai Convention & Visitors Bureau/City of Kenai Milepost Advertisement. Council Member Bookey noted information included in the packet explained the cut in funding to the Visitors Bureau and they could no longer afford to continue the full- page advertisement they have traditionally placed in the Milepost. He noted, with the development at Ward's Cove, etc. he believed it important to show support and the city's commitment to the development of tourism. Council Member Moore stated his support of the city paying half of the cost as well and suggested using some of the dip net fishery revenue for this purpose. Discussion followed in which Ross suggested the funds be transferred from the legislative budget instead of from the General Fund. Swarner stated she would prefer transferring the funds from the General Fund because the dip net fishery revenue was tourism related. MOTION: Council' Member Moore MOVED to take $2,500 from the excess revenue in the dip net fishery and spend it on the Milepost full-page advertisement and Council Member Swarner SF~ONDED the motion. Gilman stated he would not support the motion in light of the earlier discussion relating to the library computer hardware/software issue. Ross stated he would not support the motion because the funds would come from fund balance. He added, he would support a motion taking the funds from the Legislative budget. VOTE: W/!!_/ams Yes Booke¥ lYes Swamer lYes Moore Yes Porter Absent G~_an_ No Ross No MOTION PASSED. ITEM J: REPORT OF THE MAYOR Williams reported he, along with City Manager Snow, met with representatives from Homer, Soldotna, the Kenai Peninsula Borough, and the Matanuska-Susima Borough to listen to a presentation relating to the development of a Cook Inlet ferry system. A feasibility study will be prepared for further review. ITEM K: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 16 K-1. City Manager-- City Manager Snow reported the following: * Administration has been tracking the $1.4 million EOC request. No final word has been received on it or the Coastal Trail. · She has signed off on the re-appropriated grant funds of $350,000 for the boat ramp and since received a call the funds could now be used. · The monthly reports were in the packet for council review. A council work session to discuss economic development and the council's role in the community was requested. Council set a work session for 7:00 p.m., October 29, 2003. K-2. Attorney -- City Attorney Graves noted the following: · The city's smoking ordinance took effect on October 7. The Planning Department would be sending a letter to remind establishments of the ordinance. · A draft zoning ordinance was being written relating to adult entertainment in the city. The draft will go to the Planning & Zoning Commission first for review and recommendation. X-3o City Clerk-- No report. ITEM L: DISCUSSION Citizens-- None. L-2. Council -- Bookey-- Welcomed the new members to the council. Swarner-- · Welcomed the new members to the council. · Noted in the library report, the number of Kenai residents was less than one-half of the library cards distributed in 2003. She recently attended a flood conference presented at PRISM. Moore -- Asked if the electricity costs had been investigated at the multipurpose facility. Parks & Recreation Director Frates reported they had wanted to meet with a representative of the refrigeration company along with a representative from HEA. Because the refrigeration representation would not be available, they will meet with HEA and supply the representative with usage information. G41man -- Stated it was a pleasure to be on the council. Ross -- Stated he was glad to be a member of the council and reported he would not be available to attend the November 13 joint work session with the Airport Commission. W~ms -- Reported he would be meeting w/th a selectman from Maine relating to the Conoco-Phillips project proposed for his area in Maine. EXECUTIVE SESSION- None Scheduled ~NAI CITY COUNCIL MEETING OCTOBER 15, 2003 PAGE 17 ITEM M: ADJOURNMENT The meeting adjourned at approximately 11'19 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI CITY COUNCIL WORK SESSION OCTOB~ 29, 2003 7:00 P.M. COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING Council Present: Staff Present: Others Present: Porter, Ross, Bookey, Moore, Gilman, Williams and Swarner Freas, Snow, Graves, Semmens,_~rates, Reynolds, Komelis, Walden, Kopp, and McNair C. Canady (Chamber), B. Eldridge, N. Duperron (Rep. Wolf Aide), J. Buffer, R. Wells Economic Development Report: Mayor Wi!l/ams opened the work session at approximately 6:55 p.m. at which time he and Council Member Gilman gave an overview of an economic development proposing to place a facility in Kenai. Property the group is interested in purchasing is airport lands; the group is planning to compete for Denali Commission funding for design and construction, which would cut those costs by 50%; and whether revenue bonds could be used is being investigated. It was also explained Gilman was involved in this project in his role as private attorney and he, Williams, City Manager Snow and City Attorney Graves are aware of the major ~~~e~Ct,,of inte.r,,est,their w.o_rking with ,the city on this project will bring. Wi!l/ams , mey wm rexy neavily on Graves advice relating to conflicts or potential conflicts. Economic Development Group Activity: Casey Reynolds gave an overview of information distributed at the beginning of the work session to be used to define the city's strengths, weaknesses, opportunities and threats, as well as to define the council's role in the community's economic development efforts. Council and others attending offered the following: Strengths: Green space Public safety Airport Senior citizen program Stable population Excellent library Land values / availability Good schools Great recreational facilities Decent transportation Nice subdivisions/homes Adequate water/sewer facilities/infrastructure/utilities Responsive Planning & Zoning Permitting availability Moderate/stable taxation COUNCIL WORK SESSION OCTOBER 29, 2003 PAGE 2 Ancillary institutions (banking, judicial, public health, prison, auditorium, juvenile detention facility, etc.) No artificial barriers to local businesses Name recognition (Peninsula, River, etc.) River (dip net fishery, sport fishing, commercial fishing, recreation, dock, etc.) Vistas Chamber, KCVB Close proximity to industry (people travel through Kenai from north to east and visa versa) Legislative Information Office/Legislators' offices Alaska Job Center Weaknesses: Bluff erosion Cannery Row deterrent because of exist~g buildings, etc. Unmet retail needs {unbalanced retail) Old buildings Location (off main loop) Environmental problems Disconnect with local businesses Lack of quality hotels, apartments 1% AHFC loan differential for housing loans Neighborhood blight {lack of code enforcement) Water supply Gas supplies Neighborhood roads Commercial mode of transportation/limitations Relationship/communication with Borough and City of Soldotna Lack of tourist destination Lack of single-family homes Auditorium rental costs Loss of youth Lack of convention ccn~er Ovvortunities: Arts & culture events Senior citizen population expansion Medical facilities Seafood industry Airport-related activity expansion Tourism Light manufacturing Maintenance service supply area Educational/vocational training COUNCIL WORK SESSION OCTOBER 29, 2003 PAGE 3 Youth treatment facilities Coastal Trail Kulis Air Guard Base relocation Drift-only Kenai River Dip Net Fishery festival Aerospace industry Computer servers (cheap/steady electricity) Retain youth with cohesion of development Expansion of Challenger Center Convention center Threats: State of Alaska fiscal problems Reduction of off and gas Higher taxes Intemet sales and unequal tax treatment Industrial gas supply Loss of retail Decline in fishing industry Retail allocation State regulations/Board of Fisheries Unfunded mandates Terrorism High airfares/better road system School system quality Loss of Senator Stevens Fish farming Environmental programs Competition from regional competitors Lack of optimism Role Defmition' . What is the economic development env/ronment in Kenai? Answers offered: Waxed; in transition (cyclical and resource-based); council pro-development; maintaining status quo (meeting needs that have not been met). o What tasks need to be performed on a regular basis for business to grow and thrive in Kenai? COUNCIL WORK SESSION OCTOBER 29, 2003 PAGE 4 Answers offered: Don't know if there are tangible assets or not; not quantifiable; don't market city enough; work closer with City of Soldoma/Borough on mutual enhancement projects; inventory/commercial real estate (responsibility of realtors); city get financial concerns in order and have a stable tax structure to offer. Williams requested council to forward emails to Reynolds relating to the remaining questions and any items they may want to add to the lists. The work session ended at 9:31 p.m. Notes prepared and submitted by: Carol L. Freas, City Clerk Z z uJ z z z uJ z I-- z 0 0 I.U n,' 0 n,' I- z uJ n~ 0 'l- z (:3 (:3 13:: ::3 (.3 0 0 Z ~ 0 n 0 I.L.I z <( n,' o o LLi cO 0 Z o u.I 03 N Suggested by: Coun ~ ' ~ City of Kenai ORDINANCE NO. 2024-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500 IN THE GENERAL FUND VISITOR'S CENTER DEPARTMENT FOR ADVERTISING. WHEREAS, it is in the best interest of the City of Kenai to share advertising costs with the Kenai Convention and Visitors Bureau; and, WHEREAS, revenues related to dip net fishing have exceeded projections, which will result in additional fund balance at year-end. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $2,500 Increase Appropriations: Visitors Center Advertising PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19tn day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance'. (10/22/2003) hl Introduced: Adopted: Effective: November 5, 2003 November 19, 2003 November 19, 2003 Suggested by: Administratior City of Kenai ORDINANCE NO. 2025-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $205,027 IN THE GENERAL FUND FOR AN ALASKA STATE HOMELAND SECURITY GRANT TO PURCHASE A DIGITAL WIRELESS STATEWlDE SHARED PUBLIC SAFETY COMMUNICATIONS SYSTEM. WHEREAS, the City of Kenai received an Alaska State Homeland Security grant for $205,027 to purchase a digital statewide shared public safety communications system consisting of a radio tower, antennas and base station radios for the Kenai Emergency Operations Center, and mobile and portable radios compatible with the Alaska Land Mobile Radio Network; and, WHEREAS, in 1997 the City of Kenai, with support from the Federal Aviation Administration and the Kenai Peninsula Borough Office of Emergency Management, built the Alaska Regional Aircraft Firefighter Training Facility; and, WHEREAS, the top floor of this facility, nearly 8,000 square feet, was designed to FEMA specifications as an Emergency Operations Center with the intent of the City of Kenai to equip the Emergency Operations Center and make it functional for disaster management and emergency operations training; and, WHEREAS, the City of Kenai, the Kenai Peninsula Borough, and the Alaska Division of Emergency Services see the equipping of the Kenai Emergency Operations Center as a vital step in protecting the critical infrastructure of Southcentral Alaska by assuring the stability and continuity of command, control and communications in time of disasters; and, WHEREAS, on May 27, 2003, the City of Kenai applied for an Alaska State Homeland Security Grant through the Office of Domestic Preparedness to procure funding to equip the Kenai Emergency Operations Center; and, WHEREAS, the Alaska Office of Domestic Preparedness has awarded the City of Kenai $205,027 for the purchase of an Emergency Operations Center radio tower, radios, and ALMR mobile and portable radios for the City of Kenai Police and Fire Department personnel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Emergency Operations Center Capital Proiect Fund Increase Estimated Revenues: State Grants $205:027 Increase Appropriations: Construction $205:027 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10/24/2003) hl Introduced: Adopted: Effective: November 5, 2003 November 19, 2003 November 19, 2003 Suggested by: Administra: City of Kenai ORDINANCE NO. 2026-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $350,000 IN THE BOAT LAUNCH CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai was awarded a $350,000 grant for riverbank restoration and providing recreational access to the Kenai River through construction of a boat launch and pull out at the Dock Facility; and, wHEREAS, the grant also provides for purchasing the upland east of the launch ramp and to develop an exit route to Bridge Access Road; and, WHEREAS, it is in the best interest of the City of Kenai to accept this grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows' Boat Launch Capital Pro]ect Fund Increase Estimated Revenues: State Grant $350.000 _ Increase Appropriations' Construction Engineering Administration $308,000 40,000 ~.,0oo $350,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10/30/2003} hl Introduced: Adopted: Effective' November 5, 2003 November 19, 2003 November 19, 2003 Suggested by' Administration. City of Kenai ORDINANCE NO. 2027-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $40,000 FOR A STATE GRANT FOR MAINTENANCE AND FACILITY IMPROVEMENT AT THE SENIOR CENTER. WHEREAS, the City of Kenai was awarded a $40,000 State grant for maintenance and facility improvement at the Senior Center; and, WHEREAS, the Senior Center kitchen facility needs to be upgraded; and, WHEREAS, additional funding is being sought to complete this project; and, WHEREAS, design documents will facilitate obtaining the additional funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Center Kitchen Capital Project Fund Increase Estimated Revenues: State Grant $40,000 Increase Appropriations- Construction Engineering $30,000 ,,!o,ooo $40_.000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19t~ day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10/30/03) hl Introduced: Adopted: Effective' November 5, 2003 November 19, 2003 November 19, 2003 Suggested by: Airport Commission/ Administration CITY OF KENAI ORDINANCE NO. 2028-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALASKA, ADOPTING KMC 21.05.045 TO ESTABLISH AN OFF-AIRPORT GROSS INCOME RENTAL CAR FEE FOR OFF-AIRPORT RENTAL CAR COMPANIES USING THE KENAI MUNICIPAL AIRPORT FOR THEIR BUSINESSES. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the Kenai Mumcipal Airport is financed and managed under policies and practices designed to ensure that it is and will always be self-supporting and will not require expenditure of general fund money to support it; and, WHEREAS, these policies and practices require that the costs and expenses of the Kenai Municipal Airport be paid by the users of the facilities who enjoy the commercial opportunities that such facilities create; and, WHEREAS, there are presently three (3) on-airport rental vehicle companies operating under concession agreements at the airport, each of which pays rent plus ten (10%) of their gross revenue for the privilege of operating on the airport; and, WHEREAS, off-airport rental car companies are benefiting from the traffic generated by airport facilities but are not participating in the costs and expenses of operating the airport; and, WHEREAS, since off-airport rental car companies do not pay a gross revenue fee for use of the airport, they have an incentive to remain an off-airport operator rather than become an on-airport concessionaire and pay a ten (10%) percent gross revenUe fee; and, WHEREAS, the rental car companies operating in the terminal desire an even playing field for competitive pricing; and, WHEREAS, many airports throughout the nation require off-airport vehicle companies to pay a percentage of gross revenue fees for the right to conduct airport operations; and, WHEREAS, it is necessary, reasonable and appropriate to establish an off-airport vehicle rental fee. Ordinance No. 2028-2003 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 21.05.045 is adopted as set out in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: November 5, 2003 November 19, 2003 December 19, 2003 (10/29/03 sp) 21.05.045 (b) (c) (d) (e) (f) (h) (i) (J) (k) OFF-AIRPORT VEHICLE RENTAL PERMIT To operate a vehicle rental business on the Kenai Municipal Airport, a person who does not have a concession to operate a vehicle rental business in the terminal building must hold a current vehicle rental business permit issued under this section. A person must submit an application for a vehicle rental business permit in writin§ to the airport mana§er and include: 1) A list of vehicles that the applicant proposes to operate on the airport under the vehicle; ~ 2) A description of the services that the applicant proposes to offer under the permit; 3) Any application fee established by the City; The airport manager shall approve an application for a vehicle rental business permit unless the manager determines that 1) The applicant is i. In violation of a material term of a contract with the City; ii. In arrears to a payment (including City of Borough sales or property tax) or other financial obligation due to the City; or iii. In default of a material obligation under any lease, contract, permit or concession the City has issued to the applicant. 2} The proposed use would interfere with or is otherwise incompatible w/th the security, safety, maintenance, or operation of the airport; 3) The proposed use would violate an applicable FAA grant assurance or the City's obligations under revenue bonds; 4) The proposed use would result in a violation of applicable law; or 5) The proposed use is inconsistent with sound airport planning. A decision by the airport manager to deny an application for a vehicle rental business permit must be in writing. A vehicle rental business permit is not transferable and may not exceed a term of five years. An off-airport rental business permittee shall pay ten percent (10%) of gross revenue derived from rentals originat~g at or from the Kenai Municipal Upon reasonable notice, the City shall have the fight to audit a permittee's books and records regarding the permit for verifying the gross revenue. A vehicle rental business permittee shall provide such evidence of insurance coverage for the permittee's operations on the airport as the airport manager determines appropriate. A vehicle rental business permittee operating a vehicle on airport property shall keep the vehicle in safe operating condition. The airport manager shall order a permittee to remove from service any permittee vehicle the manager determines to be unsafe or otherwise in violation of this section. A vehicle rental business permittee may park, wait, and drop off or pick up a passenger only at a premises or in an area the airport manager has designated for that purpose. A vehicle rental business permittee may cancel a permit and cease operations at the airport at any time on written notice to the airport manager. Attachment A Ordinance No. 2028-2003 Page 1 of 2 (1) (m) (n) (o) (p) (q) The airport manager shall, after written notice to the permittee, cancel a vehicle rental business permit and invalidate all vehicle identification issued to the permittee if the manager determines that the permittee 1) Is not in compliance with the vehicle rental business permit and has not corrected the noncompliance within 10 days after receipt of the notice; or 2) Has ceased vehicle rental operations on the airport. Cancellation of a vehicle rental business permit by the airport manager must be in writing and state the reasons for the cancellation. An applicant or permittee may protest the airport manager's decision to deny an application or cancel a vehicle rental business permit in accordance with KMC 14.20.290. In this section, "gross revenue" includes, but is not limited to the following: 1) Ail monies paid or payable to the Permittee from a transaction initiated under an off-airport vehicle rental business permit, regardless of either the assigned location of the rental-car or where the customer returns the rental car. 2) Charges for any service performed in, on or through the business conducted under this agreement, and includes all other income and proceeds from or incidental to any business conducted in whole or in part in, on or in connection with the rights granted under a permit. 3) Goods, work or services furnished by any person in lieu of payment in exchange for value received. 4) Sales or fees for automobile liability insurance and personal accident insurance. No deductions from gross revenue other than those specifically identified below shall be allowed. 1) The amount of federal, state, borough or municipal sales or other similar taxes separately stated and collected and/or reimbursed from customers. 2) Any sums received from sales of capital assets. 3) Any sums received from insurance or other settlements from damage to automobiles or other property of the concessionaire, or for the loss, conversion or abandonment of such automobiles, or any charges collected from a customer for damages to the automobile rented. 4) Any sums received for loss damage waiver insurance. 5) Replacement fuel charges. In this section, 'airport' means the area of land or water that is used or intended to be used for the landing and take-off of aircraft and includes its buildings and facilities such as the terminal, ramps, taxiways, parking lots and the float plane basin. Attachment A Ordinance No. 2028-2003 Page 2 of 2 Suggested by: City Attorney CITY OF KENAI ORDINANCE NO. 2029-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALASKA, AMENDING THE FINE SCHEDULE AT KMC 13.10.015. WHEREAS, AS 28.05.151 and § 9-2 of the Kenai City Charter allow the City of Kenai to establish a fine schedule for minor violations to be paid at City Hall where the defendant agrees to plead guilty and dispose of the case without a court appearance; and, WHEREAS, the City of Kenai has established such a frae schedule under KMC 13.10.015; and, WHEREAS, the City of Kenai should amend the fmc schedule to include fines for offenses not previously covered in the frae schedule; and, WHEREAS, the City should allow for the state bari schedule amount in Administrative Rule 43.1 to be the default City frae schedule amount if the regulation a person is charged with violating is not separately listed in the City's frae schedule; and, WHEREAS, under KMC 3.05.070(e)(3), second offense violations of KMC 3.10.010 (barking dogs) and KMC 3.10.020(a), (b) and (d) (loose dogs) are now mandatory court appearances and should be included in the fine schedule for $100.00 so they may be disposed of without court appearance; and, WHEREAS, violations for abandoned or junk vehicles under KMC 12.25.020 and 030 are now mandatory court appearances and, when people cited with violation of those sections fail to appear, a supplemental summons or arrest warrant must be issued rather than the City obtaining a default judgment. Since the City Code does not allow the City to enter the property and remove the vehicles, the best enforcement mechanism is to get a default judgment if they fail to appear, attach their permanent fund dividend, and re-cite them if the vehicle is not removed. · NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section I. The frae schedule in KMC 13.10.015 is amended as it appears on Attachment A. Ordinance No. 2029-2003 Page 2 of 2 S~ction II. KMC 3.05.070(e)(3) is repealed as follows: 3.05.070 Citation procedure. (e) Mandatory Court Appearance shall be required' (1) For a violation of KMC 3.10.020(c). ~ (2) For all cruelty charges under this code. [(3) UPON SECOND CITATION OF ALL OTHER PROVISIONS OF CHAPTER 3.10 IN A TWELVE (12) MONTH PERIOD.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19t~ day of November 2003. JOHN J. WILLIAMS, MAYOR Attest: Carol L. Freas, City Clerk Introduced: Adopted: Effective: November 5, 2003 November 19, 2003 December 19, 2003 (10/14/03 sp) CITY OF KENAI -- FINE SCHEDULE CITE RULE/OFFENSE FINE , RULES OF ROAD 1 13 AAC 02.050(a) Driving on ncjht required $ 75.00 2 13 AAC 02.050(b/ ~Slower traffic to keep right $ 75.00 3 13 AAC 02.055(a) Overtakin(j on ncght $ 150.00 4 13 AAC 02.060(c) Restrictions on driving left of center $ 150.00 5 13 AAC 02.065 Overtaking on left $ 150.00 , 6 13 AAC 02.070 Passing vehicle proceeding in opposite direction $ 60.00 7 13 AAC 02.075(b) No passing zones $ 90.00 8 13 A,AC 02.090 Following too closely $ 90.00 9 13 AAC 02.085 Ddvin(j on roadways laned for traffic $ 75.00 10 13 AAC 02.086(b-c) Wrong way on one-way street $ 150.00 ~11 13 AAC 02.095(a) Controlled access roadway, entedncj or exiting $ 75.00 =12 13. A,AC 02.095(c) Vehicles restricted from controlled access roadway $ 90.00 13, 13 AAc 02.140(a-b) Driver to exercise due care $ 60.00 RIGHT-OF.WAY 14 13 AAC 02.010(a)(3)(A) Failure to stop for steady red traffic sicgnal $ 90.00 15 13 AAC 02.120(a) i Vehicle approaching intersection $ 90.00 16 13 AAC 02.125 Vehicle tumincj left $ 90.00 17 13 A,AC 02.130 Failure to obey stop and yield signs $ 90.00 18 13 A,AC 02.135(b) Stop and yield from pdvate mad or ddveway $ 90.00 19 13 AAC 02.140(a-b) Failure to yield to emergency vehicle* $ 150.00 · · Mandatory court appearance / Minimum fine $150J PEDESTRIAN RIGHTS AND DUTIES 20 13 AAC 02.015 Pedestrian to obey control devices and regulatiOns $ 40.00 21 13 A,AC 02.100(a, b, c, e) Pedestrian cmssin(j not in crosswalk to yield $ 40.00 22 13 AAC 02.100(d) Prohibited pedestrian cmssin~ $ 25.00 23 13 AAC 02.155(a) Ddver to yield to pedestrian in crosswalk $ 60.00 24 13 AAC 02.155(b) Pedestrians to use due care $ 50.00 25 13 AAC 02.155(c) Ddver not to pass vehicle stopped for pedestrian $ 60.00 26 13 AAC 02.155(d) IPedestrians to use dcjht half of crosswalk $ 25.00 27 13 AAC 02.155(e) IDrivincj throucjh safety zone $ 75.00 28 13 AAC 02.160(d) Pedestrian crossincj at other than ricjht ancjle ... $ 25.00 29 13 AAC 02.175 Ille(jai walkincj on roadway $ 25.00 30 13 AAC 02.180 Pedestrians solicitincj ddes or business $ 50.00 31 13 A,AC 02.190 Driver to yield right-of-way to blind pedestrians $ 150.00 TURNING AND STARTING 32 13 AAC 02.200(a-c) Tumincj movement prohibited or restricted $ 50.00 33,, 13 AAC 02.205(a-b) Improper U-tum $ 75.00 34 13 AAC 02.210 Improper start from parked position $ 75.00 35 13 AAC 02.215(a-f) Tumin(j movements and mcluired sicjnals $ 75.00 SPECIAL STOPS REQUIRED !36 13 AAC 02.257 Emercjin~ from alley, ddveway or buiidin(j $ 90.00 37 13 AAC 02.265 , !Stop required when traffic obstructed $ 75.00 38 13 AAC 02.325(e) Overtakincj and passin(j school bus $ 180.00 SPEED RESTAICTIONS 39 13 A,AC 02.275(a) Safe speed under certain hazardous conditions (BASIC SPEED) $ 90.00 40 13 AAC 02.275(b) Speed violations - Desi(jnated limits 3-19 ove $ 8.00 per mile 41 20 or mom over $ 12.00 per mile 43 13 AAC 02.280(a-dt Speed violations - Altered limits 3-9 ove $ 8.00 iper mile 44 20 or more over $ 12.00 per mile 45 Minimum speed violation; impedincj traffic $ 60.00 47 13 AAC 02.325(d) Speed violations - School zones 3-9 over $ 12.00 per mile 48 , 10-19 over~ $ 14.00 per mile 49 20 or more over* $ 16.00 per mile · Mandatory court appearance / Minimum fine $16.00/per mile Or-t--ROAD VEHICLE OPERATION 50 KMC 13.40.020(1-f) Off-mad speed limits $ 100.00 51 KMC 13.40.050 Helmet required $ 100.00 52 KMC 13.40.080 Opemtin(j vehicle in a prohibited area $ 100.00 53 KMC 13.40.030 Special stops required $ 90.00 ANIMALS 54 KMC 3.10.010 Interference with peace or pdvacy (1st offenset $ 50.00 55 KMC 3.10.010 Interference with peace or pdvacy (2nd offenset $ 100.00 56 KMC 3.10.010 control and confinement of animals {1st offense) 50 57 iKMC 3.10.010 Control and confinement of animals {2nd offense) 100 iPARKING 58 KMC 13.10.060 Campincj on private property $ 50.00 ,59 KMC 13.30.035 Paid parkincj $ 50.00 60 KMC 13.30.095 Parkincj prohibited on Kenai Ave $ 50.00 61 KMC 18.35.010 Ovemicjht campincj $ 50.00 62 13 AAC 22.340 Parking, stopping on highway $ 50.00 ABANDONED I JUNK VEHICLES 63 KMC 12.25.020 Abandonment of vehicle $ 100.00 64 KMC 12.25.030 Junk Vehicle $ 100.00 GENERAL Any offense under Title 13 of the Alaska Administrative Code which has been incorporated by reference under KMC 65 13.30.010 and is not listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule 43.1. Suggested by: Council CITY OF KENAI ORDINANCE NO. 2030-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.90.010 TO ALLOW THE KENAI CITY COUNCIL TO ESTABLISH TASK FORCES REGARDING MILLENNIUM SQUARE AND/OR ECONOMIC DEVELOPMENT WITH A MEMBERSHIP OF GREATER THAN SEVEN (7) AND SUNSETTING THE ORDINANCE IN THREE (3)YEARS. WHEREAS, KMC 1.90.010 states that all commissions, boards or committees established by the Council shall consist of seven members; and, WHEREAS, it is unclear whether a task force created by the City Council would be covered by the seven-member limitation; and, WHEREAS, the City would like to create task forces or committees regarding Millennium Square with a membership of more than seven (7) members; and, WHEREAS, membership of such commission or committees would consist of at least 75% residents of the City of Kenai; and, WHEREAS, this ordinance should be sunsetted in three (3) years from the effective date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 1.90.010 is amended as follows: 1.90.010 Creation (a) All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confnuned by the City Council from applications submitted to the City Clerk. A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one Council Member elected by the Council as ex-officio members and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City administrative staff shall attend all meetings of boards, commissions and committees and supply staff support. The Council may create task force(s) regarding Millennium Square .and/or economic development with a membership greater than seven (7) members. Membership of any such committee and/or task force shall consist of at least 75% CiW of Kenai residents. This section (c) shall sunset in three (3)years from the effective date of this ordinance. (b) (c) Ordinance No. 2030-2003 Pa§e 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 2003. JOHN J:. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: November 5, 2003 November 19, 2003 December 19, 2003 (10/20/03 sp) Suggested by: Administrati City of Kenai ORDINANCE NO. 2031-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,000 IN THE GENERAL FUND FOR A GRANT FROM THE RASMUSON FOUNDATION ART ACQUISITION INITIATIVE. WHEREAS, the Kenai Convention and Visitors Bureau, on behalf of the City of Kenai, applied for a grant from the Rasmuson Foundation Art Acquisition Initiative to purchase a Jon Van Zyle painting to add to the City of Kenai's permanent collection; and, WHEREAS, the grant was approved; and, WHEREAS, it is in the best interest of the City of Kenai to accept the grant and to purchase the painting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Donations $7:000 Increase Appropriations: Visitors Center Miscellaneous $7000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10/30/03) hl Introduced: Adopted: Effective: November 5, 2003 November 19, 2003 November 19, 2003 ART ACQUISITION INITIATIVE PO BOX 853 · HOMER, AK · 99603~)853 May 12, 2003 Dear Museum and Cultural Center Colleague, I am very pleased to announce the inauguration of the Art Acquisition Initiative. Thanks to the generosity of the Rasmuson Foundation, a special fund has been established for art acquisitions by Alaska's museums and cultural centers. The foundation has contracted with Museums Alaska to administer the fund so that Alaska museums and cultural centers that have formal collections policies will be able to submit requests for the necessary funds to add works of living, accomplished artists to their collections. . Arising from the Rasmuson Foundation's interest in encouraging museums to support Alaskan artists and Museums Alaska's interest in supporting professional practices among the state's museums, the project is intended (1) to support living, established Alaskan artists through museum purchases, (2) enhance the permanent art collections of Alaskan museums and cultural centers, (3) encourage Alaskan museums to develop formal collections policies, and (4) to enhance exposure of Alaskan artists by providing a regular venue for comemporary Alaskan art in the Foundation offices in Anchorage. The enclosed application and guidelines have been developed by the staff of Museums Alaska with an advisory panel representing large and small museums. The guidelines also include a description of the various procedures the Initiative has adopted to put the program into effect. Should you have any questions or concerns, please feel free to contact the Project Administrator. Please make as many copies of Part II of the Application Form as necessary. Museums Alaska invites you to consider application for funds to purchase art before the end of this calendar year. We also encourage museums and cultural centers that seek to collect artwork by living Alaskan artists but do not have a formal collections policy to re- examine their policies and mission statements and to contact Museums Alaska to determine how your institution might qualify to participate in this Initiative. Sincerely, Michael Hawfield Project Administrator 23 5-6078 or 299-0290 hawfield~alaska.net CITY OF KENAI ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranclum Date: To.' From: October 24, 2003 Linda L. Snow, City Manager _l Kim Howard, Assistant to the City Manager ~dt/ Lease Application, Division of Forestry- Lot 4, F.B.O. Sub. No. 7 Attached is a lease application for property that the State of Alaska, Department of Natural Resources, Division of Forestry, currently leases fi'om the City. The current lease will expire on November 30, 2003. They are proposing a new, 1 O-year lease. The purpose is for support of wildlife fire operations fi'om the Kenai Municipal Airport, specifically for fire retardant storage and as a re-load base to air tankers. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the mount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may use the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows for a 1 O-year lease for a $35,000 - $40,000 investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport C. ommission unanimously recommended approval of the application at their meeting on October 9 . The Planmng and Zomg Commission revmwed the apphcation on October 22~. The Commission determined that the proposed lease complies with the Comprehensive Plan. The parcel is split-zoned and the Commission recognized that the current zoning limits development on a portion of the lot. It was noted that if the draft Comprehensive Plan is approved the zoning ordinance would be amended to an airport overlay zone that would eliminate the split-zone issue. If the Plan is not adopted, the City should consider rezoning the parcel. The Commission recommended approval of the lease. KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the lease application submitted by the Division of Forestry, an appraisal will be ordered. cc: Dennis Ricker, DNR Attachment MEMORANDUM DNR/Division of Forestry State of Alaska Coastal Region Aviation TO: Kim Howard City of Kenai Sept. 26, 2003 FILE NO: FROM: Bill Bee~~~) Coastal Region FMO TELEPHONE NO.: E-MAIL: SUBYECT: REPLY DUE: 761-6229 Dennis_Ri cker~dnr, state.ak, us Kenai Retardant Site Lease The Division of Forestry (DOF) is requesting a lease of Lot 4, F.B.O. Subdivision No. 7. to support Wildland Fire Operations from the Kenai Municipal Airport. The primary purpose of this site is to support fire retardant storage and loading into Airtankers used for the suppression of Wildfires. DOF is completing a 2-year lease of this site that ends on Nov. 30, 2003. During these two years the following improvements were completed: · Lot appraised and surveyed · Gravel pad constructed (70 ft x 150 ft) at a cost of $24,576.77 · Retardant/Water Tanks re-located from airport apron area to gravel pad Phone lines installed Electricity installed The next phase of development includes developing access to the gravel pad with a road and gate from North Willow Street. Our intent is to develop the water and sewer lines to the site in conjunction with the road improvemems. The estimated costs for these additional improvements range between $35,000 and $40,000. Attachment: Lease Application for Lot 4, F.B.O. Subdivision No. 7 Cc Wally Brockert-Hoff Lynn Wilcock Jim Eleazer Jim Peterson Chris Rutz C:~Documents and Settings~dennisr~My Documents~Working Files~Word~2003 Kenai Retardant Lease Cover Letter. doc MEMORANDUM DNR/Division of Forestry TO: Kim Howard City of Kenai RECEIVED" OCT .3 20,93 CITY' OF KENAI ADMINISTRATION FROM: Dennis Ricker Aviation Manager State of Alaska Coastal Region AviatiOn DATE: Oct 3, 2003 NO: r.gPHONE NO.: E-MAIL: 761-6229 Dennis_Pdcker~dnr. state.ak, us Kenai Retardant Site Lease REPLY DUE: none required Please add this clarification to the Division of Forestry's lease application. The mobile home/trailer that is currently on the lease site is for the storage of supplies to support Fire Retardant mixing and delivery. The structure is temporary and the Division of Forestry's intent is to remove it when additional improvements are made to the site. As additional improvements are made, a more suitable location for a permanent structure will be developed. CSDocuments and Settings~kim~Local SettingsITemporary Internet FilesIOLK2A~2003 Kenai Retardant Lease Application Clarification memo.doc FOR CITY Date RECEIV CITY OF KENAI 210 Fidalgo Avenue, Suite 200 K~nai, Alaska 99611-7794 (907) 283-7535 Ext. 22Y' LEASE APPLICATION State of Alaska, Department of Natural Resources Nam¢ of Applicant Division of Forestry CITY OF KENAI AOMINISTRATION Address 101 Airport Road Palmer~ Alaska 99654 Business Name and Address Same Telephone 907-~61-6238 Bill Beebe Regional Fire Management Officer Kenai Peninsula Borough Sales Tax No. (if applicable) No t App 1 icab le State of Alaska Business License No. (if applicable).. Not Applicable Legal Description Lot 4, F.B.O. Subdivision No. 7, according to Plat No. 2001- Purpose ofProposedLease To provide an Airtanker re-load base for Wildland Fires. Term of Proposed Lease 10 years Description of Proposed Development (type, construction materials, 'size, etc.) Develop access to site from North Willow Street Expand Gravel Pad. Develop water and sewer utilities for the site. Time Schedule for Proposed Development · Beginning Date S, pring 2004 · Completion Date (maximum of two years) Spring 2006 Estimated Value of Improvements $ APPLICANT'S SIGNATU~J~~'~ APPLICANT'S SIGNATURE: See development plan and estimated costs Date: CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings No permanent structures at this time. ~kO) 2. Proposed buildings Future Building may require a building permit.~ Plans will be submitted when funded. -- 3. Parking facilities (how many spaces and location) 5 spaces on 70 x 150 ~1 Pad 4. Site improvements See attached drawing for Gravel Driveway & 40x60 Pad Areas to be cleared and method of disposal Proposed gravel or paved areas · Landscaping plan (retention of natural vegetation and/or proposed planting areas) ~ 5. Building set backs As required by Code ~ 6. Drainage plan and method of snow removal Primarily Summer Operati~ See attached dra~ing ' 7. Circulation plan (all entrances, exits and on-site access) See proposed gravek~~iveway N/A at this time 8. Location of sign(s) - sign permit required 9. Fencing- permit required if height is over 6' 10.Curb cuts (where applicable) N/A at this time N/A at this time N/A at this time 11. Building height 12. FAA Form 7460-1 submitted to FAA N/A at this time (City provides to applicant- for buildings on airport land.) CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. z o nih g Permits Required: Conditional Use Permit · Landscape Review Building Permit Sign Permit Assessments ~ to ~ Insurance Limits Required Construction must begin by · , Or Completion date for major construction Plannin~ Commission Approval.. Date of Approval: C~ Council Approval By: City Clerk Date of Approval: THIS APPLICATION WILL BE MADE A PART OF THE LEASE REMAINDER OF SECTION 32 ' ' 2 : .... " ~. ." , "", FSO NO. 5 ~, ..' ~ . / ,..' ~o.~ ., ," ,~. ~' .. . ~. B/ .. m 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Memoran(lum Date: To: From.' October 24, 2003 Linda L. Snow, City Manager Kim Howard, Assistant to City Manager Lease Application- 20/20 International, Inc. and John C. & Marie L. Parker, Individually- Lots 5 & 6, Block 1, F.B.O. Sub. Attached is a lease application for properties adjacent to the airport apron. 20/20 International, Inc. and the Parkers are requesting 35-year leases for the purposes ofconstmcting aircraft hangars. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and .time required to amortize the proposed investment. The FAA has agreed that the City may use the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows for 35-year leases for a $225,000 per lot investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport Commission met on October 9th and reviewed the application to determine if the use complies with the Airport Masterplan. The Masterplan designates these lots for future cargo operations. However, there are no plans to develop the lots for cargo operations on the horizon and there are other properties available for that purpose if the need arises. After some discussion, the Commission voted unanimously to approve the application. The Planning and Zoning Commission determined the intended use complies with the zoning ordinance and comprehensive plan of the City at their October 22nd meeting. KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the lease application submitted by 20/20 International, Inc. and John C. & Made L. Parker, Individually, an appraisal will be ordered. Cc.' 20/20 Intemational, Inc. and John C. & Made L. Parker Attachment ORIGINAL FOR CITY USE ONLY CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant John C. & Marie L. Parker Address 908 Highland Ave. Ste. #1 - Kenai, AK 99611 Business Name and Address 20/20 International, Inc. Same as above Telephone ( 907 ) 283- 3007 Kenai Peninsula Borough Sales Tax No. (if applicable) N/A State of Alaska Business License No. (if applicable) N/A Legal Description Lots 5 & 6, Block 1, F.B.O. Subdivision Plat #78-22:., _,RD Purpose of Proposed Lease Aircraft Hangers Term of Proposed Lease 35 Years Description of Proposed Development (type, construction materials, size, etc.) See attached site plan and building descriptions Time Schedule for Proposed Development · Beginning Date 4 / 0 4 · Completion Date (maximum of two years) 4/06 Estimated Value of Improvements $ 225,000 Per Lot APPLICANT'S SIGNAT~~ APPLICANT'S SIGNATURE: ,,/,'~~ /fi/; .(f'~' 'J .,,~ Date: q/z ,~~ Date: CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be accepted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show the layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and location) 4. Site improvements · Areas to be cleared and method of disposal · Proposed gravel or paved areas Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing - permit required if height is over 6' 10.Curb cuts (where applicable) 11. Building height 12. FAA Form 7460 Notice of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website http://Www.alaska, faa. gov/airports. The site has a menu for forms. N/A X X X X N/A X N/A X X CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. ffq'~ ~-~e9 - / ~, ,'- c9 5Q~ ~' ~/~ ~ ~ /.~ Zoning, Permits Required: · Conditional Use Permit · Landscape Review · Building Permit · Sign Permit Assessments Insurance Limits Required Construction must begin by Completion date for major construction Planning Commission Anoroval Date of Approval' Ci~ Council Anoroval By: City Clerk Date of Approval: THIS APPLICATION WILL BE MADE A PART OF THE LEASE ,/ lmm sm mmmmE m m~Em ~ mmm mmmm m~mm ~mmmmm # mm m mmmm Im Immmmmm If mmm ~dm mmEm 1 · i,! 1, , I ' , i i. · ill i ] - i i i NOI~TR Wl~uOW i i m i1 ii J II · i I i i 50 x X / I Building Descriptions Bldg. #1 50 x 50 Metal Bldg. 42 x 16 Bi-Fold Door 2:12 Pitch Roof 18 ft. Walls 22'2" AGL 55 lb. Snow Load 90 mph Wind Load Seismic Zone 4 Bldg. #2-4 50 x 50 Metal Bldg. 42 x 16 Bi-Fold Door 1:12 Pitch Shed Roof 18 ft. Front wall 13' 10" rear wall 18' AGL 55 lb. Snow Load 90 mph Wind Load Seismic Zone 4 Bldg. #5 75 x 75 Metal Bldg 68 x 22 Bi-Fold Door 2:12 Pitch Roof 24' Walls 30'3" AGL 55 lb. Snow Load 90 mph Wind Load Seismic Zone 4 Bldg. #6 & 7 60 x 60 Metal B ldg 56 x 18 Bi-Fold Door 1:12 Pitch Shed Roof 20 ft. Front Wall 15 ft. Rear Wall 20' AGL 55 lb. Snow Load 90 mph Wind Load Seismic Zone 4 U.S. Department of Transportation Federal Aviation Administration FAA Alaskan Region 222 W. 7th Avenue, Box 14 Anchorage, Alaska 99513-7587 Mr. John C. Parker 20/20 International, Inc. 908 Highland Ave., Suite # 1 Kenai, AK 99611 Dear Mr. Parker: Kenai Municipal Airport (Airspace # 03AAL-145NRA) Hanger Construction The Federal Aviation Administration (FAA) has completed an aeronautical study on your September 3, 2003 proposal to construct an aircraft hanger at the Kenai Municipal Airport. The FAA has no aeronautical objections to this proposal. This determination does not mean FAA approval or disapproval of the physical development involved in this proposal. Rather, this is a determination with respect to the safe and efficient use of airspace by aircraft and with respect to the safety of persons and property on the ground. This determination does not include any temporary construction equipment, such as cranes, derricks, etc., which may be used during the actual construction phase of this proposal. Nor does it include add-on devices (i.e. radio antennas). Such equipment which has a height greater than the proposed structure and a height which would exceed the notice standard of Part 77 of the Federal Aviation Regulations requires separate notice. Should questions arise I can be reached at 907-271-5460 or e:mail at brad. garland~faa, gov. Sincerely, Brad A. Garland FAA Airports Division Alaska Region CITY OF KENAI -l:5 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Memorandum To: From: October 21, 2003 Linda L. S now, City Manager Kim Howard, Assistant to the City Manager U.S. Fish and Wildlife Service Lease- Lot 2, Block 3, General Aviation Apron The U.S. Fish and Wildlife Service (F&W) has a lease with the City for the above referenced property. (See the attached map.) F&W has built a new hangar in Soldotna. Attached is a letter stating their intention to terminate their lease with the City of Kenai. Their lease states, "that the Service can cancel said lease upon 90 days notice in the event that it becomes necessary for the Fish & Wildlife Service to move the hangar facility." F&W is willing to convey the hangar to the City. Public Works Manager Jack La Shot, Building Official Bob Springer and Airport Manager Rebecca Cronkhite have inspected the hangar and have determined that it has value. Also, La Shot concurs with the Department of Environmental Conservation report that remediation of contaminated soils generated during the removal of a leaking underground storage tank system has been resolved. There has been some public interest in leasing the property over the last year. Once we obtain the property we could have it (including the hangar) appraised and go out for competitive bid. Minimum bid would be at fair market value and need the Federal Aviation Administration's approval. F&W is asking for written confirmation of the City's interest to finalize the terms of the lease settlement agreement. Please let me know how you'd like me to proceed. Cc: Rebecca Cronkhite, Airport Manager Jack La Shot, City Engineer IN RI~PI.Y REFER TO.' United States Department of the Interior FISH AND WILDLIFE SERVICE 1011 E. Tudor Rd. Anchorage, Alaska 99503-6199 1LE15578.SC Kim Howard, Assistant to the City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Dear Ms. Howard: RECEIViED" -- _ill i _ zoO3 .... ~zITY-0F- K ENAI l _F?. ~.~ ~ K! ! gTR AT,nN -- _ : -- -'-2&','. · ' ' ~ ~ ' ' ~,~ ___ As you know, the U.S. Fish and Wildlife Service owns an aircraft hangar situated on Lot 2, Block 3, General Aviation Apron, Kenai airport, through a land lease agreement with the City of Kenai. Although our lease agreement does not expire until June 30, 2030, the hangar is no longer used by the Service and we would like to dispose of it. Your office previously expressed an interest in obtaining the hangar on behalf of the City of Kenai. Since the hangar is located on lands owned by the City we have the option of transferring ownership of the hangar to the City, at no cost, under a negotiated lease settlement agreement. · Under such an agreement the hangar would be conveyed to the City "as is, where is"with no further cost to either party, in exchange for cancellation of the lease and waiver of all governmental leasehold site restoration obligations. If this proposal is of interest to the City of Kenai, please provide this office with written confirmation. Once we receive confirmation we can finalize the terms of the lease settlement agreement, declare the hangar surplus to the government and initiate conveyance to the City of Kenai. Please direct inquiries and correspondence to the attention of Steve Cummings, Realty Specialist, U.S. Fish and Wildlife Service, 1011 East Tudor Road, Mail Stop 211, Anchorage, Alaska, 99503. You may also contact Mr. Cummings by telephone at 786-3360, by FAX at 786-3901, or by e-mail at steve_cummings@fws.gov. Sincerely, Chief, Division of Realty cc: Refuge Manager, Kenai NWR Refuge Supervisor, Southern Alaska Refuges NO. 3 1C -. (1) 2 7A -.. 2' .~. 3 '"' .. '. ' ...... - 12 ~" 7 ;' .. .... ~ ........ .. (~) -.. . /" 1 ..... . i"~'"~... , /' ~., .,-' /~~ ~- · '~ // ~- .,/ ~ . '-. ...-- 9 ~~.. ' I ... ......... '-. ~o 5 - (3) ' 8 " ,~0~~ ...~ 12 7 9'"". (1) %-.. 4 ~--.'~e~ 2 -. ~ ' ,o ,, " .... '-- --.. KENAI SPUR. ~ ........ ~ ........ - ..... ' .... _ .... ,~ , L~SE PRC -._. -=. · ., , .. ~... 6 5 14 ., ~ . ~ ,.' . /..'· 3 ' 9 , ",,. 1~ - ' ~ ~ _~~~_ _ .. ,. 4 ~~ ~ --~ "' ' 1 . 5D "' , ~ ' , ~ 9 ~2 ~ '~ . 2 . ~"' 6 4 ~' 2B' .. "~" 'r04/~- 74~n._ . .'"~'- '" '--... ~ '".'i' '-..'"q ~ '-',v ,,, .,.,.'." .. .,.~.,, , -,,. ,,..':.' iND-usfRiAL "-...... · ,.. ..,' "" . ,^ .'....:~. (4),,.," .... '"--.... '~.~,~.. ""AIR_' PARK ...' '"'AVIATION... '""--.." ..... ~:" ....~,.¢;;;:.....,: . '""~'--., '"'--,.:: ~A, . ";~"-... '"',~ ~' ~.~'-.. ' -.~.. '--. "'--......., ~.,/ · ..... ~ . ~ "~~,~P~N'. ~'-....~o~' ..... ,'-," --..~.~v~';-..>, ,-. '"'"'?'~ " -x nal Municipal Airport Memo To: From' Date: Subject: Linda L. Snow- City Manager Rebecca Cronkhite - Airport Manager October 30, 2003 Hertz Request for Terminal Concession Lease Craig Babinski, Hertz Corporation Anchorage Manager has requested a lease contract for operation of a car rental concession in the Airport Terminal. The current concession agreement contains provisions for this agreement. There is space available, there has been no competing interest in the available space and Hertz is willing to sign a concession agreement under the same terms and conditions as the original agreement signed by the three companies currently operating in the Terminal. If approved by Council, the Hertz contract will commence on a date agreed to by the parties and terminate on the 31st day of January 2005. The Termination date is the same for all car rental concessions and new bids and contracts will be implemented at that time. Airport Commission unanimously recommended Council approval of the Hertz lease at their October 9, 2003 meeting. www. ci.kenai.ak, us. CITY OF KENAI BOARDS, COMMISSIONS/h COMMITTEE CURRENT LIAISON ASSIGNMENTS CITY BOARDS, COMMISSIONS ih COMMITTEES Council on Aging Airport. Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Comrnission Beautification Committee CURRENT COUNCIl, LIAISON Council Member Swarner Council Member Bookey Council Member Moore Council Member Porter Council Member Swarner OTHERS: Kenai River Special Management Advisory Board (KRSMA) . Economic Development District (EDD) Cook Inlet Regional Citizens Advisory Council (CIRCAC) Kenai Visitors & Convention Bureau Board City Manager Snow Mayor Williams John Douglas Council Member Bookey Challenger Center of Alaska Board Mayor Williams 10/29/03 IN THE MATTER OF THE APPEAL BY NANCY HENRICKSEN OF THE MODIFICATION OF HER CONDITIONAL USE PERMIT Case No. B A-0 3-1 1. DECISION The appeal of Nancy Henricksen is granted. II. PROCEDURAL HISTORY On July 8, 2002, Nancy Henricksen (hereinafter "Nancy") filed an application for a conditional use permit for pet grooming and "day care for dogs" at her residence on 1802 4th Avenue in Kenai. The area is zoned Suburban Residential (RS). The City's Code Enforcement Officer informed Nancy that she needed such a permit while responding to a complaint about junk cars. Ms. Henricksen was not eligible for a home occupation permit because KMC 14.20.230(c) does not allow them for "commercial kennels or similar uses." The Kenai Planning and Zoning Commission held a public heating on Nancy's application on August 14, 2002. The staff recommended approval of the permit, noting the kennel appeared to have been operated for some time without negative impacts on the neighborhood. However, three of Nancy's neighbors testified against the permit at the public hearing. They complained of the disrepair of Nancy's fence, day care of dogs, barking dogs and the negative impact of the business on their property values. Under Alaska law, neighborhood opposition may be taken into account in reviewing permit applications, Anchorage Coalition v. Coffey, 862 P.2d 168, 172, n. 11 (Alaska 1993)(Holding that neighborhood opposition may be taken into account but is not controlling on whether the permit should be granted). One of Nancy's customers testified in favor of the permit. She stated the facility was well mn and the dogs were kept there the minimum time necessary for the grooming to be done and then were picked up. Nancy also testified. She volunteered to drop the day care aspect of her application in response to her neighbors' concerns. She admitted her fence and yard were in disrepair, but indicated that problem would be remedied as soon as she could afford it. Nancy also testified her business was enclosed in her garage 'and that there were no employees. She Appeal of Nancy Henricksen Page 1 of 3 stated her business was operated in a clean and sanitary manner and the dogs were kept within the garage, in a confined area or within her control at all times. The Commission voted (four in favor and none opposed) to amend the conditional use permit to allow only grooming and remove the provision for day or night boarding of animals. The motion to approve the amended permit failed with three in favor and one opposed. Under KMC 1.15.060(e) and 1.90.050(c), a motion needs four votes for passage. During the next meeting, a motion to reconsider failed by the same margin-- three in favor and one opposed. Nancy appealed the denial to the Board of Adjustment under KMC 14.20.290. The Board held a hearing on the appeal on September 18, 2002. Attorney Elizabeth Ann McCord appeared on Nancy's behalf. Two of Nancy's neighbors testified against granting the permit. Their testimony was similar to that they had given before the Planning and Zoning Commission. Nancy testified in favor of granting the permit and read two letters of support on the record. The Board of Adjustment granted the permit on the condition that she build a sight obscuring fence. KMC 14.20.150(d)(6) allows the Board to add conditions to a permit, including "access, screening, [and] operation of the use." Failure to adequately and reasonably construct the fence by June 30, 2003 was stated as a ground for revocation of the permit. On July 31, 2003, Nancy applied for a modification of her conditional use permit. KMC 14.20.150(h) allows conditional use permits to be modified if"changed conditions cause the conditional use to no longer conform to the standards for its approval" or to "implement a different development plan conforming to the standards for its approval." The Planning and Zoning Commission held a public hearing on the request on August 27, 2003. One of her neighbors did send an email to city staff; it was presented to the commission during the heating. The neighbor opposed the modification on the basis that Nancy's property was in disrepair. There was no in-person testimony against her permit. Nancy requested the Board remove the sight-obscuring fence as a condition of the permit. The Commission deadlocked on a three to three vote. Nancy apPealed to the Board of Adjustment on August 28, 2003. Prior to the hearing, she sought to comply with the conditional use permit by constructing a sight-obscuring fence using tarps. She admits the fence is unsightly but stated that, due to her finances, it was the only type of material she could afford. On September 17, 2003, the Board of Adjustment held its hearing on the case. Nancy was the only person to testify during the hearing. She again requested that her permit be modified to remove the condition requiring a sight-obscuring fence. Appeal of Nancy Henricksen Page 2 of 3 III. DISCUSSION As noted above, this Board has the power to amend the conditional use permit under KMC 14.20.150(h). The sight-obscuring fence condition was placed on the permit because of concerns that the dogs associated with her business would use that area of the yard. Nancy testified that she no longer kennels dogs for others (either for the day or overnight). She also stated that she keeps her large personal dog elsewhere to avoid problems with it. Her two smaller dogs are kept indoors. Nancy testified the dogs that visit her grooming business are kept in the garage and not allowed in the back yard. In short, she argues there is no reason to continue the sight-obscuring fence requirement because there is nothing now to obscure. We agree. We, therefore, grant her appeal and remove the condition of a sight-obscuring fence. DATED this 14th day of October 2003. John J. Williams, Board Member James C. Bookey, Board Member Joe Moore, Board Member Amy Jackman, Board Member John Osborne, Board Member Dissenting Opinion We do not feel that Nancy has met her burden of proof sufficiently to show changed circumstances under KMC 14.20.150(h). Because we feel the appeal should be denied, we respectfully dissent from the decision of the Board of Adjustment. Patricia Porter, Board Member Linda Swamer, Board Member DATED this 14th day of October 2003. NOTE: This decision constitutes a final order under Alaska Appellate Rule 602. An appeal of this decision to the Superior Court must be filed within thirty days (30) days of the date of this decision. Appeal of Nancy Henricksen Page 3 of 3 CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' FROM' DATE' MAYOR AND COUNCIL MEMBERS Carol L. Freas, City Cler~ October 28, 2003 WITH ARF~ LEGISLATORS Usually around this time of the year, council asks to hold a work session/meeting with our area legislators prior to their leaving for the legislative session beginning in January. I was recently informed, Representative Chenault will be in the area until December 18 for such a meeting. Does council wish to set a work session/meeting with area legislators pr/or to the legislative sessionP If so, when~ (The IVovember/December calendars are attached.) November' 2003 MEETIN 5CHEbULE 16 23 3O 10 Harbor Commis- sion, 7p, Coun- cil Chambers 17 24 11 HOLIDAY/CITY OFFICES CLOSED 18 25 5 CITY COUNCIL MEETING, 7p, Council Chambers IZ PLANNING & ZONING COM- MISSION, 7p, Council Chambers 19 CITY COUNCIL MEETING, 7p, Council Chambers 126 ~'~- PLANNIN.~ ZONII~ COM- MISSION, 7p, Cxe'uncii /Chambers 6 Parks & Recre- ation Commis. sion, 7p, Coun. cil Chambers Council on Aging, 10a, Senior Center October S MT WT F S ---7~ 3 '~ 5 6 7 8 9 l0 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15 20 21 22 28 HOLIDAY/CITY HOLIDAY/CITY OFFICES OFFICES CLOSED CLOSED 29 December · S MT WT F S I 2 3 4 5 6 7 8 9 l0 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Pdnted by Calendar Creator Plus on 06/03~003 Decembe 003 MEET'J:N SCHEDULE 14 21 28 15 22 29 2 Library Commis- 16 23 30 sion, 7:00p, Council Chambers 3 CITY COUNCIL MEETING, 7p, Council Chambers 10 PLANNING & ZONING COM- MISSION, 7p, Council Chambers 17 CITY COUNCIL MEETING, 7p, Council Chambers Airport Commis- sion, 7p, Coun- cil Chambers 18 PLANNIN,~ ZONIN~COM- M IS~fON, 7p, C~oGncil Chambers 31 25 HOLIDAY/CITY OFFICES CLOSED 12 19 26 13 2O 27 November 03 January 04 S MT WT F S '~ S MT WT F S  I 2 3 2 3 4 5 6 7 4 5 6 7 8 9 10 9 10 11 12 13 14 15 I 17 18 19 20 21 22 11 12 13 14 15 16 17 23 24 25 26 27 28 29 18 19 20 21 22 23 24 30 25 26 27 28 29 30 31 · II Printed by Calendar Creator Plus on 06/03/2003 Carol Freas 'om: ant: To: Subject: Mary Jackson [Mary_Jackson@Legis.state.ak.us] Tuesday, October 28, 2003 3:51 PM LMurphy@borough.kenai.ak.us; Carol Freas; pburdick@ci.soidotna.ak.us AHFC 1% Meeting Dec. 4th Hello: .Senator Wagoner has had quite a few comments about the :1% AHFC loan and how it affects municipalities. 5o we have asked Dan Fauske to come to the Peninsula and discuss the matter. The Assembly and the Councils from both cities would be invited. There may be some realtors there as well - some have expressed an interest in this issue. ~[ envision this as a format where the attendees sit in the audience and Mr. Fauske does some sort of a power point presentation - although ~['m not certain that is what he will be doing. ~[ don't know what you need to do in terms of public notice but wanted to make sure you had this info ahead of time as much as was possible. .,nda - Z'm hoping we can have the borough chambers for 12/4 (thursday) from 7-gpm for' this meeting. Thanks. Mary ,Tackson 283-7996 CITY OF KEN. "oa 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM 1~92 TO: FROM' DATE: RE: MAYOR AND COUNCIL MEMBERS Carol L. Freas, City Clerk October 31, 2003 , ALASKA HOUSING FINANCE CORPORATION-. ONE PERCENT TAX BREAK MEETING I received a message from Mary Jackson this morning confirming the Borough Assembly Chambers as the site for the meeting with Mr. Fauske of Alaska Housing Finance Corporation. The meeting will be held on Thursday, December 4, 2003, from 7:00 - 9:00 p.m. Mary also reported the local Realtor's Board has been notified of the meeting. Also, Mr. Fauske will be in town earlier that day and she has scheduled several meetings for him in addition to the evening meeting. If Council would like to meet with Mr. Fauske on a specific project, we need to let Mary know and she will coordinate it with the other meetings she has scheduled for Mr. Fauske for that day. DOES COUNCIL WANT TO MEET EARLIER IN THE DAY WITH MR. FAUSKE ON A KENAI-$PECIFIC MATTER? cc' Linda L. Snow, City Manager Padgett 855 Ames Road Kenai, Alaska 99611 Tuesday, October 28, 2003 Carol Freas c/o City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 Dear Carol, RECEIVED -- ~ ~ L~ ' OOT O -,..,./' · ,, ii i Please accept this as notice that the property owners of South Ames Road would like to have the section of Ames Road south of Beaver Loop Road added to the list of Kenai road paving projects. I circulated the attached letter to the property owners in order to determine their interest. See the list of owners and their response below. Eleven of twenty- one owners are in support of the project. ! have the signed originals and can provide them to you if necessarg. I understand that the next step involves a Special Assessment Petition. Please let me know when we should start that process. Thanks. Mack Padgett Mack. Padgett @ conocophiilips.com Office: 907/263-4614 Home: 907/344-9439 Cell: 907/227-3217~ Padgett 855 Ames Road Kenai, Alaska 99611 Parcel Prop Address 505 AMES RD 3936 BEAVER LOOP RD 515 AMES RD 535 AMES RD 609 AMES RD 625 AMES RD 715 AMES RD 710 DOLCHOK LN 850 AMES RD 765 AMES RD 920 AMES RD 900 AMES RD 785 AMES RD 805 AMES RD 830 AMES RD 855 AMES RD 909 AMES RD 911 AMES RD 913 AMES RD 925 AMES RD 945 AMES RD 4926020 4949007 4926019 4926018 4926017 4926016 4926014 4926106 4949008 4904089 4949014 4940013 4904000 4904097 4904097 4904098 4949010 4940023 4949022 4949018 4949019 Property Owner Douglas Neeley Michael Pelch Gay Linson Robert & CarOl Dolan Tannis Miller Louis & Marlene Keen Steven & Kara Richie Arlene Rhodes Jack Foster Rust'/& Evelyn Huf Jack Foster Jack Foster Greg & Terry Davis Jim & Vicky Clark Mack & Carol Padgett Mack & Carol Padgett Ken & Elizabeth Smith Nick Miller Nick Miller Bill & Brenda Bryant Ron & MJ Rogalsky Support Paving Y Y Y Y Y Y Y Y Y Do Not Support Paving (N) or No Response (?) ? · N N 21 parcels 11 in Support 10 against or no response Mack Padgett 855 Ames Road Kenai, AK 99611 September 17, 2003 ,,Mailing_Owner,, ,,Address,, ,, City,,, ,, State,, ,, Zip,,-,, Zip_4,, Dear Ames Road Property Owner: I am circulating this letter to determine the interest in paving the section of Ames Road south of Beaver Loop Road. This is not the official request associated with a Special Assessment Petition. The City of Kenai does not have funds today to dedicate to new road paving projects. If there is sufficient interest to support a Special Assessment Petition, we will. ask the City oi' Kenai to include our project on the list and notify us when should circulate the petition. The improvement we are considering will be paving Ames Road from Beaver Loop Road to the cul-de-sac at the south end of the road. The desired improvement will be asphalt paving that will not include curb & gutter or sidewalks. The official petition must be signed by more than 50% of the benefited properties in order to pass. Until we submit a Special Assessment Petition and the City of Kenai studies the project, we will not know how much this project will cost. The current method for paying for this type of project is that the City of Kenai pays 50% and the property owners pay the other 50%. Please consider this proposal and indicate your preference below. Please return this letter in the enclosed envelope by October 10th. If you have questions please contact me, Mack Padgett, at 907/227-3217. Thank you, Mack Padgett YES -I support paving Ames Road !~ NO -I do not support paving Ames Road Legal Description of Benefited Property <,Legal_l ,, ,,Legal_2,, Borough Parcel Number <,Parcel,, Physical Address << Prop_Address ,, Property Owner's Name -Owner,, Signature: Date: INFORMATION ITEMS KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 le e o e e 10/28 / 03 Public Works Department, Project Status Report. 10 / 15 / 03 P. Cooper letter relating to expansion of youth development programs between the Parks &, Recreation Department and the Boys & Girls Club. 10/03 BLM, Resource Management Plan/Environmental Impact Statement, Ring of Fire newsletter. 2004 State of Alaska Gaming Permit Applications a. Fraternal Order of Eagles #3525 b. Kenai Senior Connection 10/28/2003 RC letter to Carl High, DOT/PF regarding Kenai Airport Runway Painting. 11/03 Soldoma Chamber of Commerce, Chamber Connection. Project status Report A/NC/F/ CityContaet PreJeet Nam A JL Airport Security Fencing A=Active NC=Non-Construction F=Future STIP=State Trans. imp KK - Keith Kornelis JL - Jack La Shot RS - Robert Springer MK- Marilyn Kebschull Jet - Jan Taylor Status Engineering work progressing. A KK Basin View LID We have closed this project out with the construction contractor. HEA still has a relocation claim with the City. A KK Bridge Access W & S Feasibility Study Received preliminary report evaluating different routes from Wince-CorthelI-Bryson. A JL/RS City Hall HVAC Documents complete. A MK Comprehensive Plan Scheduled public hearing 9/3 & 17 with final on 11/5. a JL Contaminated Soils- Shop Work plan to be submitted. Received ranking for loan fund - could be funded if City chooses to. Applied for 50% matching grant. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FAA Site FAA has submitted final reports to ADEC. Response will be included in Final Environmental audit. Land transfer is then possible. A JL Kenai AP ARFF/SRE Facility Received final pay estimate. Waiting for closeout documents. A KK Kenai Boat Launch Improvements Received $350,000 grant. Tuesday, October 28, 2003 Page 1 of 3 A/NC/F/ S1'1~ A KK City Contact Project Name Kenai Coastal Trail Status Corps has received funding for planning and answering permitting questions on this project. Rec'd status report 9/17/03 from Corps. A JL Library Improvements Schematics complete - awaiting further direction. A JL Maintenance Shop Preliminary plans and specifications complete. Grant funds to lapse in '04. Will see if grant can be amended to do environmental. A KK McCollum & Aliak LID This LID project has been approved by Council. Project on hold until changes made or funding found. Letter was sent to property owners. A JL Multi-Purpose Facility Refrigeration Venting estimated at approximately $30,000. Waiting to see extent of Arctic Winter Games work. Removed siding panels to experiment with condensation. a KK Pillars LID - Chinook Drive and Sockeye Circle Alaska Roadbuilders has completed this project. Waiting on contractor's closeout documents. A JL Runway Extension Environmental Assessment Met w/FAA on August 1. Must do additional needs justification work. Will also do financial plan. A KK Schooner Circle LID Alaska Roadbuilders has completed this project. Waiting on contractor's closeout documents. A KK Title 17 Review and W & S Regulations Working with Larry... Completed revisions to W & S regulations. Adding a grease prevention regulation. A KK Toyon Way LID Alaska Roadbuilders has completed this project. Waiting on contractor's closeout documents. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. May spread soils on airport. Tuesday, October 28, 2003 Page 2 of 3 A/NC/F/ City Contact Prejeet Name Sll / A KK Wastewater Facility Master Plan Status City completed the review of CH2M Hill's draft report. A KK WH 4 Drilled exploratory well and waiting for test results. STIP KK DOT- Bridge Access Pathway Pathway a-long Bddge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. STIP KK DOT- Kenai River Flats Interpretive Site This is the rest stop and Birch Island Faciitiy near the Warren Ames Bridge. This project has been moved out of the STIP. STIP KK DOT- Kenai Spur Unity Trail Pathway Trail dedication was held October 21, 2003. Tuesday, October 28, 2003 Page 3 of 3- BOYS & GIRLS CLUBS OF ~CA October 15, 2003 Ms. Michelle Glaves Boys & Girls Clubs of the Kenai Peninsula 705 Frontage Road, Suite B Kenai, Alaska 99611 Dear Ms. Glaves, I am very excited to learn that you are working with your local Parks & Recreation Department to expand and augment youth development programs in your communities. Collaborations of this kind have proven to be wonderful opportunities to serve children most in need of positive youth development programs and services. As i think you are aware, Boys & Girls Clubs of America and the National Recreation & Park Association, enjoy a strong partnership at the national level. In fact, we have a written letter of agreement stipulating .our desire to maximize resources in service to youth at the local level. Nationwide, there are presently some 470 local Boys & Girls Club/Parks & Recreation Partnerships, and this fall BGCA and NRPA will be co- publishing the Boys & Girls Club Partnerships with Local Parks & Recreation Deoartment$ Best Practices and Replication Guide. This publication is to serve as an impetus to grow even more Club/Parks & Recreation partnerships at the local level. Again, I am pleased to learn of your developing partnership with your local Parks & Recreation Department and stand ready to assist you as needed. Also, I am certain that your Regional Service Director, Ron Moeckel, will be more than happy to lend his expertise to your cause. Please do not hesitate to contact me should you have questions or require additional information. Best wishes for continued success in your outreach efforts! Sincerely, Perry Cooper Senior Director Growth & Collaboration Strategies Boys & Girls Clubs of America RING OF FIRE Resource Management Plan and Environmental impact Statement Bureau of Land Management Anchorage Field Office October 2003 This is the second ne~vs/etter prepared and dLYtributed.for~?'h'b'~i'iig o/' Fire Resource Management P/an and Environmental h'npact Statement. Since the first ne~,wletter was distributed in April 2003, the scoping process and the identitication o/'i.¥sue, v to be addressed in the Resource Managetnent Plan and Environmental bnpact Statement have been cotnpleted. Copies ~?/'Ne~t:~ietter #1, additional i~!!brmation about the Ring q/'Fire RMP/EIS. and a complete Scopmg Stnn~narv Report and its appendices are now available on the Ring q/'Fire pr~?/ect ¥t'ebsite (Www. ala.s'karin,eq//ire, com). Limited copies of the Scoping Smnmarv Report ~n'e available at the Bureau o./'Land,i.lanagement Anchorage FieM Office. 6881 Abbott Loop Road, Anchorage, Alaska 99507. PUBLIC PROVIDES COMMENT ON PROPOSED RMP/EIS The Bureau of Land Management (BLM), Anchorage Field Office (AFO), is preparing a Resource Management Plan and Environmental Impact Statement (RMP/EIS) to address BLM's management of public land located in an area called the Ring of Fire. An RMP provides future direction for the management of the planning area, for site-specific activity planning, and for !mplementation of management decisions. Scoping is an pen process for determining the scope of issues to be .Onsidered in the 1LMP/EIS, and for identifying significant issues related to the Ring of Fire planning area. The scoping meetings were held to disseminate project information and to identify issues and concerns that 1) should be addressed in the RMP/EIS, and 2) should be used to select the best overall alternative that would meet the project objectives. During the scoping period, representatives of BLM and its contractor, URS, published the first newsletter announcing the beginning of the Ring of Fire RMP/EIS project. A comment form was included in the newsletter, and an electronic copy of both was posted at www.alaskaringoffire.com. The purpose of this newsletter is to summarize the scoping results acquired during the scoping period. The scoping period began on March 19, 2003, when the Notice of Intent was published for the Ring of Fire RMP/EIS. The official close of the public scoping comment period was July 1, 2003; however, all written submissions received through July 31, 2003, have been included in the scoping analysis. Seven Scoping Meetings ~ven public meetings were hosted from April 28 ~irough May 13, 2003, in Juneau, Skagway, Haines, Palmer, Kenai, Kodiak, and Anchorage. Also, an agency meeting was held on May 14, 2003, in Anchorage. In addition to the public scoping meetings, the Chilkat Indian Village in Klukwan, near Haines, requested an informal meeting with the Ring of Fire RMP/EIS project team. The meeting occurred on April 30, 2003. Other informal scoping meetings included: · City and Borough of Juneau · United States Forest Service, Juneau · City of Skagway · National Park Service, Klondike Gold Rush National Historic Park, Skagway · Haines Borough · Kenai Peninsula Borough Planning Department Kenai National Wildlife Refuge Matanuska Susima Borough Planning Department · Kodiak Island Borough · Municipality of Anchorage Planning Department Issues Raised During Scoping Prior to beginning the scoping process, the BLM identified preliminary management concerns, which were outlined in the first newsletter. A copy of the first newsletter is available at www.alaskaringoffire.com. The scoping process further identified management concerns through public input. Federal and state agency representatives, tribal representatives, and the general public identified a range of issues and topics to be considered in the RMP/EIS, and specific decisions to be made during the planning process. Comments were received during the scoping process in the form of meeting testimony, letters, emails, and entries at www. a 1 as karingo ffire, com. BLM / AK .' PL-04 / 003+!610+040 What Did We Hear? The 232 scoping comments were evaluated to determine the specific issues or concems that were identified. The comments were reviewed, organized by issue, and entered into the scoping comments database to facilitate retrieval and tracking through the RMP/EIS process. The database will be reviewed periodically during the scoping process to ensure that the comments from the public and agencies are addressed in the RMP/EIS. The following list of issues is a combination of the preliminary issues identified by BLM and issues raised during the scoping period. Access · Alaska Natives Areas of Critical Environmental Concern (ACEC) Coal · Coordination and Compatibility o Cultural Resources · Enforcement and Monitoring · Environmental Justice Fire and Fuel Management · Fish and Habitat · Land Tenure/Status · Land Use · Mineral Development · National Environmental Policy Act (NEPA) Compliance · Off-highway Vehicles (OHV) · Oil and Gas · Recreation · Subsistence o Threatened and Endangered Species · Timber Management and Harvest · Visual Resources · Water Resources · Wetlands/Vegetation · Wild and Scenic Rivers Wildlife and Habitat Wilderness Summary of Scoping Comments The primary issues raised in the scoping comments included access, coordination and compatibility, and land status/tenure. Other issues included mineral development, oil and gas, recreation, OHV use, wildlife and habitat, and wild and scenic rivers. For a comprehensive summary of the scoping comments, please refer to the scoping summary report located at www.alaskaringoffire.com. The following list illustrates a synopsis of the comments and concerns raised by the public. · Access issues included providing access under Alaska Native Claims Settlement Act Section 17(b), surface access to mining claims, identification of state transportation concerns for enhancing community connections, providing easements on public lands to access private lands, addressing RS2477 access, and providing access for recreational purposes. · Alaska Native issues included integrating Traditional Knowledge of Alaska Natives into the analyses of the RMP/EIS and complying to the extent practicable with Executive Order (EO) 13175 (Consultation and Coordinatic with Indian Tribal Governments). · ACEC issues included assessing, identifying, and designating new ACECs. · Coordination and compatibility issues included communicating with adjoining landowners to make sure that planning is comprehensive and contiguous; consulting with federal, state, and Native entities under the provisions of the Alaska National Interest Lands Conservation Act; consistent management of helicopter use and motorized vehicle use on state selected lands; and oil and gas development. * Cultural resource issues included recognition and significance of cultural and archeological resources and sites, and compliance with the National Historic Preservation Act. * Environmental Justice issues included recognizing and identifying potential impacts and mitigation measures to be developed in consultation with minority and/or low-income populations, and compliance with EO 12898 (Environmental Justice). · Fire and fuel management were identified i reference to addressing fire issues in the RMP/EIS. Fish and wildlife habitat issues included identifying the Southwest Sport Fish Management Area and the Bristol Bay Fisheries Reserve; acknowledging the conservation efforts of the Native Village of Eklutna; and concerns pertaining to conflicts with helicopter activity (goat hunting, protecting subsistence, helicopter noise from hell-skiing; flying lower than 1,500 feet over Chilkoot Lake, and protecting the eagle preserve along Chilkat River). Land tenure/stares issues included assessing and determining land status in the Ring of Fire project area. Mineral development issues included facilitating gravel extraction and mineral exploration and development in one or more of the following areas: Lake lliamna, northern Tongass National Forest, Matanuska Susitna basin, Kenai National Wildlife Refuge, Bristol Bay, and the Alaska Peninsula/Aleutian Islands. NEPA issues included providing in the RMP/EIS a clear indication of the significance (or lack thereof) of impacts predicted for each alternative, as required by the NEPA. OHV issues included addressing OHV use in the RMP/EIS, and managing for responsible OHV use in the areas of Tsirku River, Chugach National Forest, the West Creek area of Skagway, Bodenburg Butte, and the Knik River. Oil and gas issues included recognizing the exploration and development potential within the Ring of Fire project area. Recreation issues included preserving and protecting natural scenic values for recreation and ecG-cultural tourism, and economic development initiatives such as ice climbing, cultural camps, fee use fisheries development, climbing, photography, hiking, camping, guiding, and cultural education. Concerns were also expressed in reference to the recreational uses of Campbell Tract. Subsistence issues included the protection and preservation of land in its natural condition in order to maintain habitat for subsistence use of plants and animals, and for continued availability for physical and spiritual sustenance. Wild and Scenic River issues were raised in reference to including the identification of wild and scenic rivers in the RMP/EIS and evaluating new wild and scenic river candidates. Issues Raised but not Brought Forward Some of the issues raised during scoping will not be addressed in the RMP/EIS. Some comment letters referred to issues outside the scope 'of the RMP/EIS, outside the Ring of Fire planning area, or outside BLM's jurisdiction. The BLM will work with all stakeholders in an effort to resolve all interests and concerns. A detailed list of issues raised but not brought forward is included in the scoping report and is available at www.alaskaringoffire.com. FUTURE STEPS IN THE PLANNING PROCESS The scoping period provided opportunities for public input. With the completion of scoping and after considering public comment, the BLM will continue to collect project information and analyze the management situation, as described below. The identification of issues provides guidance on the alternatives to be considered in the RMP/EIS. The steps remaining in the planning process include: Analysis of the Management Situation Analysis of the existing management situation for the Ring of Fire planning area provides the baseline reference for the development and evaluation of alternatives. Information is gathered on the existing management situation, and a description of pertinent physical, biological, and social characteristics is developed for B LM lands. The analysis evaluates capability and condition of the resources within the planning area. Analyzing the management situation provides opportunities to resolve the issues and concems. Formulation of Alternatives A successful planning effort hinges on the formulation of clearly identified reasonable alternatives. The issues identified during scoping will guide the formulation of alternatives and identify a range of reasonable combinations of resource uses and management practices. The altematives will also offer distinct choices among management strategies and objectives, including a no action alternative/existing management. This step will begin in September 2003 and continue through December 2003. Estimating the Effects of the Alternatives The potential effects of a range of management alternatives are analyzed based on the requirements of the NEPA. Estimating the impacts or effects of the alternatives includes a rigorous evaluation and a comparison of each alternative to the current environmental condition/management situation. BLM expects to begin this process in December 2003 and end in June 2004. Write and Publish the Draft RMP/EiS The preparation of the Draft RMP/EIS involves the identification of issues raised during the scoping process, development of management alternatives, description of the affected environment in the planning area, detailed evaluation of the environmental consequences resulting from the proposed alternatives, and identification of a preferred alternative that best resolves the planning issues and promotes balanced multiple use. When the RMP/EIS is ready to be released for a 90-day review period, a public Notice of Availability (NOA) will be published in the Federal Register. Public hearings will be conducted to present the Draft RMP/EIS and to receive further public input. Newsletters will be distributed to track project progress. BLM will begin this process in November 2004 and continue until Marc}, 2005. Issue the Proposed Final RMPIEIS The Final RMP/EIS ~vill incorporate responses to comments received during the public hearings. Based on information contained in the Draft RMP/EIS, and the analysis and response to public and agency comments, BLM will select a proposed RMP and present the plan in the Final RMP/EIS. A second NOA will be published and distribution of the document will occur, followed by a 30-day protest period. BLM will begin this step in March 2005 and expects to complete the project by the end of 2005. We encourage you to take an active part in the Ring of Fire RMP/EIS project. The purpose of this newsletter is to keep you informed about the Ring of Fire RMP/EIS process. If you have questions, comments, or require more information about the project, or are interested in being added to the mailing list please contact BLM's Project Manager:. Robert Lloyd Ring of Fire Project Manager Bureau of Land Management 6881 Abbott Loop Road Anchorage, Alaska 99507 (907) 267-1214 Fax (907) 267-1267 ~V 'qouv ~8 # ~! tread GIVd O3UlSOd Sfl G.IS i~SUd 1.0~66 ),iV 'elSeJoqouv peo~j doo-I lloqqv 1,889 luowelSeuelAI pue-! ,to neoJn~ ..... i Il I Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811-0420 Telephone 907.465.2320 State of Alaska 2004 Gaming Permit Application AS 05.15.020 This form is also available on the lnt:ernet: aC www. Cax.sCate.al<.us/programs/gaming/ ORGANIZATION INFORMATION Fecler&l EIN Organization ~am~ . Mailing Address ~ Permil Number /~'~$ Telephone Number Fax Number E-trail Address TYPE OF ORGANIZATION (check one box. For definition see AS 05.15.690) PERSONS IN CHARGE OF GAMES. Persona taus1 be active mernl~m of the ofgaufizalion, or an employee of the municipality, and designated by t~e organization. Members may riel be licenaecl as an operator, vendor, or employee of a vendor.  rimary Member First Name Prima~ Member~ ~oc~ s~=u,i~/Nu~.~r ' '-- iO~Y~,~ ~o~,,one Num~e~ ISoca Secu.~/Nar.~e~ ,/2..e-- ./.0-~;'.$ jc.y I~ , Permil nurnber under whicll the lesl was taken. ~ MANAGER OF GAMES .Aa defined in 15 AAC 160.995 and 15 AAC 160.365 ~' -- t N y"aZ~3 l Socia Security Number IMailing Aclclress ., Stale THESE QUESTIONS MUST BE ANSWERED, (see lnalruclions) {:::l Yes :~ No Has any member of rnanlgemanl or any pellon who ia respoe, sible for gaming ac[des ever been convicted of a felony, exlortion, or a violation of a law or ordinance of this state or another jurisdiction that is ii crime involving theft or dishonesty or a violation of gambling laws? ~J Yes ~ No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest a,~ defined by 15 AAC 160.954 - 959. Daylime Telephone Number Has the alternate member taken and passed me lesl? ~ Yes [~ No Permit number uncler which the lesl was taken. IDaybme Telephone Numbo~ 1 IZip Code · . We declare under penalty o/unswom falsification, that we have examined this application, including any attachments, and that to the best et our know/edge and betiet, it is true and complete. We understand that any false statement made on thJ~ appl/catk3n or any attachments ia punishable by law. Presidenl or Vice Prasiclenl instructions) X Adclress of President or Vice President Printed Name Dale I Printed Name Dale 2004 Gaming Permit Application Org~%"fization Name , Federal EIN ~,~- 0/3/,~ 2? Permi~ NumOer Dame Type: a'mct< eac~ game type, (use fa' completing inlormation below.) Bingo [~ Deep Freeze Cla.~i¢ Raffles L...J Dog Muslim's Contea{ PulI.T~3s L....j Dog Muartem Sweepelakea Contest o! Skill L...JFish Derbies Cannecl Salmon Classic ACTIVITE$ CONDUCTED BY ORGANIZATION Facility Nan'm Physical Aclaress Oocae C~ Ice Claaeice King Salmon Cla.~ics Mercury ~ Race Cluaice Rain Classics Salmon Cla,s~ica Snow Macl~ine Claaeice Special Draw RaJtle Qame Type(s) 1111 i iiii ,,, ! Is Facility Q Ownea I~l Leased I~ Donatea Owned Leasea Oonatea Owned Leasea · ~1 Donateo ACTIVITIEB CONDUCTED BY VENDOR (pull.tabs a~e the only games a vencla' can conOucl) VeflOor reg~strel/on enO tee Name o~ Venda' PI3ysical A(~lresa must De anacneO VenOot NumDer ACTIVITIES CONDUCTED BY OPERATOR INarne of Operator Physical Address ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE Name ot MI]P Pt'~/~ical AclOras~ Game Type(s) Operatcx"s L.icer~e Game Type(s) MBP Numoer DEDICATION OF NET PROCEEDS. The organization must plan to use the net ~oceeds trom gaming activities la' political, eaucationa~. CN,C, puOlic. c.,nafitable, patriotic a' religious uses in Alaska. (See statutes aha regulations lor specific rules. ) In the space proviaea, tell now you~ organizer,on interx3s to use the net pr~~ Irorn qarninc! activities. {Be specific) :. -,.-, ,, ,, ,- ,, ,-, ~ ~., ~c~; ,/~,tc:.,o ~ i'e..~' · ~ ~ ~ u/r7 c~/ ~7 v ,'/-:~-,,-,1~ u i.~,~,2~, ' ,.,,.,, _,~,.. _,., . ,~ ._r, --' ' ' .. -,,~ [:~~m~:~l~ml~ z~,~ ~'1~=~ 305 North Willow, Suite 200 IKenei, Alaska 996111 October 28, 2003 Carl High- Peninsula Superintendent State of Alaska- DOT/PF M&O P.O. Box 1327 Soldotna, AK 99669 Re: Kenai Airport Runway Painting Dear Carl' On August 23, your State paint crew came to the Kenai Municipal Airport and painted our runway centerline. This was the final phase of a cooperative effort started last year to trade paint and supplies for equipment and labor. Your willingness to participate in this effort reflects a much-appreciated attitude of cooperation and dedication to the safety of the traveling public. The Kenai Peninsula is fortunate to have a District Superintendent willing to explore cooperative projects that produce cost savings and enhanced safety for all who live and work here. I would also like to complement your personnel (especially Bob Bondurant) for their dedication and professionalism. They really did a great job. I look forward to working with you on future efforts to increase efficiency for both our departments. As revenues decrease at both the State and Municipal levels, thinking outside the box to accomplish our mission is imperative. Please keep us in mind for future endeavors and thank you for enabling the success of this project. Sincerely, ecca Cronkhite Airport Manager RC:mlb Tel: 907. 283.7951 w~.kenaiairpo~.com Fax: 907. 283.3737 Novcrnb 03 Volume 16 ............. Issue 11 Visit us at: www.$oldotnaChamber.com Email us at: info~5oldotnaChamber.com MABK YOUR CALENOAB 5oldotna 5~nior -~1 Bozc~r .............................. ,/yview Cr,ft l~z~r ........ oterling Christmas Bezier .................................. NOV. 14-15 5oidotna 5ports Center Holiday Bazaar ................. NI~ Kenai Irts ~uiid Cr~ft Fair .......................... NI~ ~-~9 //~"~Check out the following flyer~ inserts in this newsletter,t · Alaska C&C Stables · Era Aviation &Aspen Hotels · Energy Enhancements · Healthy Changes o Peninsula Sanitation · $oldotna Senior Center Fall Bazaar L." Soidotna Medical Clinic ~i~ i" ,(>:~...;...,,.,.~ '...., .., .. ':'... '~:!::!i;ii?.: .:.: :::::::::::::::::::::::::::: Michelle Glaves and Jennifer, our daughters, To me. that is very exciting. I look fo~ard to market- Executive Director and myself moved to Soldotna over 20 years ago. Both of our daughters graduated from Skyview High School. We are now the proud grand parents to Jada, age 3. We have a great love and countless memories of the Kenai Peninsula and Soldotna. Memories from Progress Days parades to Trick or Treating in the Mall. The day Les Anderson caught his world record King Salmon and the non-stop smile on his face. The day Safeway opened, McDonalds then Fred Meyer. Soldotna has had so many great days, and I am proud to be a small part of the great days to come. I'm excited to begin my journey as Executive Di- rector of the Soldotna Chamber of Commerce. i'm ing Soldotna as 'The place for all seasons' that it truly is. Please use the Chamber of Commerce to it's full- est. Utilize the weekly luncheons to network and grow. Participate in local functions that draw poten- tial customers to your place of business. Place your brochures at the Visitors Center. If you have any questions or comments on how the Chamber can help you, please don't hesitate to give us a call or stop by the office (on the beautiful Kenai River in the heart of Soldotna). We are here to serve you. See you very. soon. Did I mention I'm excited? Sinceretv. A GREAT BIG THANK YOII! The Soidotna Chamber Board and Staff would buyers, the prize donators, dinner attendees and like to thank everyone who came out to support the many helpers, made this year's event the most our 9th Annual Pie Auction. The generous support successful ever! We would like to recognize the from the pie bakers (far to many to name), the pie following contributors & participants: · ACS - Alaska Communica- · Alaska Widespread · Bruce's Street & Skate · Four D Carpet One tions Systems Fishing · Burdick Enterprises ' Frames & Things · ACS Wireless · Alaska Wildland ' Candy Bouquet · Gamas Design · AFl_AC - Les Braunberger Adventures · Central Emergency Services · GF Sherman Signs Insurance ' Alaska Wood Studio · City of Soldotna · Great Bear Ford · Airport Equiptment ° Alaskan Organic Plant ' Class Act Guide Service ' Grossl Photography Rentals Food ' Claudette's · Gwin's Lodge · Alaska C&C Stables ° Alaskan Poop Moose ' Curves for Women · H2Oasis · Alaska Legends Adven- · Alaskan Suites of Homer ° Davis Block Co., Inc. ° Hanson's Custom Carvings ture Resort · Alaskan Woobies · Deep Creek Custom Packing · Hardy's Alaskan Adventures · Alaska Sealife Center ' Alyeska Prince Resort ' Dutch Boy Landscape · Hawaiian Vacations · Alaska Sunrise Fishing ' Antiques & Things Maintainence ' Head Gear Knits Adventures · Artworks ' ERA Aviation ' Healthy Changes · Alaska Unlimited Fishing · Aspen Hotels ° Exploring Alaska w/Paul Gray · Homer Electric Association · Alaska USA Federal ' Better Bodies · First National Bank Alaska Credit Union ' Birch Ridge Golf Course · Fish Alaska Magazine C~tJ~ 0~l PO. 2 Board olD,rectors President ~arbara Eison Wells Fargo 262-4435 President Elect Tim Pope Natron Air 262-8440 Vice President Dena Cunningham McDonatds 262-2221 SecretarylTreasurer Mike Frost !st National Bank Alaska 260-6023 Dan Mortenson Four D Ca .rpet One 262-9181 Paul Gray Exploring Alaska w/Paul Gray 262-9OO8 Norm Blakeley Alaska Trading and Loan 262-6100 Samm~e Cole Southcentral Title Agency 262-4494 Theresa Colton ACS Wireless ?60-8657 Jim Golden Alaska Sports Den 262-7491 Kurt Olson Individual 260-4822 Jim Stogsdill City Council Seat 262-5622 Ken Lancaster Lancaster Enterprises 262-459t Soidotna Chamber of Commerce Phone 262-9814 Fax 262-3566 Executive Director Micheile Gieves Visitor Center Coordinator Shanon Hamrick Member Service Manager Erica Williamson Bookkeeper Nita Fena River City Pull Tabs 260-6100 Rebecca Hanson Sarah Shearer laskas.., · 50 L DOT N A a river ?i6 uction ThankCont.-, ' Homer FIoatoiane Lodge · Homer Ocean Charters · Jersey Subs · Johnson's Tire Service · Jori Nelson Woodcarvings · Julies Ideas ° Karlene's Acupuncture & Day Spa · Kenai Convention & Visitor Bureau · Kenai Peninsula College · Kenai Peninsula Harley Davidson · Kenai Peninsula Orchestra · Northcountry Fair · Kenai Peninsula Tourism · Peninsula Clarion Marketing Council · Peninsula Furs · KeyBank · Peninsula Sleek House · ~SRM · Lambe, Tuter & Wagner · Land's End Resort · Loon Lake Resort · Lyndon Transport · Mackey Lake Co. · Maior Marine Tours · Malfunction dunction Gifts · Mallard's Party Tricks & Things · McDonald's Restaurant · Millennium Alaskan Hotel · Natron Air · Pratt Museum · R.J.'s Tool Sharpening · Red Cabin B&B · Red Diamond Lumber · River City Books · Riverside House · Ron Fay's Moose Creek Lodge · Rosemont Corporation · RW's Fishing/Big Eddy Resort · Sadler's Home Furnishings · Senator Tom Wagoner · Seward's Breeze Inn · Soidotna Animal Hospital · Soldotna Country Liquor · Soidotna Inn & Mykel's · KeyBank ,, wogid also lille/o/t aq/ .' Norm and Barbara Blakeley of Blakeley's Auctioneering help at the event; Restaurant · Soldotna Senior Center · Spenard Builders Supply · Stylistix Team Sa, · Sugar Magnolias · Sweeney's Clothing · Tarma Grooming · Team Mackey · Team Mackey Comeback Kennels · The Binkley Family · The Chat Room · The Clean Monkey · The Floor Center "The Mileoost · The Sports Den · The Ulu Maker for doing a phenomenal job of auctioning; Jimmy Kitchens In addition we appreciate all the following businesses for his great MC'lng; Safeway for the cake donation; All the who sponsored an entire table: local "Gourmets" who baked those yummy pies; The Deco- Great Bear Ford, Job Ready Inc., Floor Center, Natron Air, rators: Sammie Cole, Michelle Gieves, Theresa Colton, Janet First National Bank Alaska, Sweeney's Clothing, Agrium, Pope, Aud Walaszek, Barbara Blakeley; Catering and More First American Title, Kenai Chrysler Center, Southcentral for the dinner; The Skyview High School Mock Trial Team Title, Wells Fargo (1), Wells Fargo (2), Airport Equipment and National Honor Society Members for serving the meal Rentals, Tom Wagoner. Biakeley's Auction, Four D Carpet and helping clean up; B.J's for their great beverage Service; One and Soldotna Inn. Kiplynne Limberg and Sheryi Cook for help With the dona- And huge kudos to all who attended and made this the tions; Marnie Nelson, Lisa Greenleaf and Cassie Pulley for best Pie Auction ever! And our main sponsors: Hawaiian Vacations, First National Bank Alaska, Agrium & HEA Zach Rolr, Senior, Skyview High School Tess Casweil, Senior, Soidotna High School The Soldotna Chamber of Commerce presented these exceptional young people with a certificate and meal at the October 29 Chamber luncheon. We would like to thank Bob Sizemore for sponsonng the Soidotna Chamber of Commerce Student of the Month Program. ' Advance Til Payday / Alaska · Harborside Cottages J] Catal°gSales · Jersey Subs, Inc~- [] · Affiliated Ankle & Foot Care · Klondike Cabins I~ Cen_ter ..... · The MapShop- Il · ,~FISHU_NT Cha_rt_ers · Moose River ~,uto & RV Parts Il · Alaska Canoe& Campground · Naoa Auto Pads ~ ' Alaska Flipp'N Fin Charters · safewa,' St~r~s ..... ,"7' II LOdging Sco k B · /~:s~lgnAnglerRVResort ' ~:;~J-~.~k-e-BTecl&BreakfaStut La e ed & Breakfast 11 and Adventures · Amvets Po~ No. 4 Canteen and Adventures .::' I~ Sheffreys Guide Service · Anchor Point Chamber of · Sheffreys Guide Service I~ Commerce ] ,B,0,b2ize,,m°re II Hal Smalley ' Decanter Inn ' j · Diamond Airport Parking ° Soldotna Equestrian · Flying Bear Charters Cabins/RV Park · Gary's Home Entertainment · Golden Eagle Charters ° Great Alaska Adventure Lodge Association, inc. · Soldotna Inn · Soidotna United Methodist Church · John Torgerson -2_. It's time for the Soldotna ingprizestbreac~ C,,b-,T.mber's Annual Christmas winner: 1st competlnon! Christmas place com- :.__.,'are a great way to promote mercia l, community spirit through the long $100 an- dark winter months. If you or some- erey credit; one you know has a wonderful 2n~d & 3rd place light display and would like to be considered tbr an award, call or tax in a nomination to the chamber of- rice. Nominations should include a name and address. First thru third place prizes will be given in commercial and residen- tial categories. Homer Electric As- sociation is providing the follow- mercial, $50 energy credit. 1 st place residential, $50 energy credit: 2nd & 3 rd place residential. $25 energy credit. Deadline fbr nominations is December 9, 2003 by 5 pm. Win- ners will be announced Mid-De- camber. For more infbrmation call Shanon at the chamber office at 262-9814. SOLDOTNA'S OWN HONORED AS ' OP I:ORIY UNDER 40" The Alaska Journal of Com- was named Business of the merce and the Anchorage Cham- Year for 2001 by the Kenai bar of Commerce have an- Chamber of Commerce, and in nounced the recipients of their 2002 the Cunninghams won the "Top Forty under 40" awards. Ronald Award, sponsored by These awards are given to McDonald's Corp., forcommu- Al:~ka's most dynamic people nity involvement. ' hi, ge 40 who share acom- Dena is on the board of direc- t,. .....ntJn to the community, to tors for Ronaid McDonald business growth, professional House Charities and represents excellence, personal integrity Alaska on the grants side of the and their Alaska neighbors, organization. Dena Cunningham, Owner/ She has been on the Operator of McDonald's of the Soldotna Chamber of Com- Kenai Peninsula and the merce board of directors for four Soldotna Chamber's Vice Presi- years and currently serves as dent was selected as one of this vice president. year's recipients. "! firmly believe in giving back Dana's community involve- to the communities in which I ment includes Ronald McDonald do business," Dena said. "1 be- House charities, school pro- iieve that if a business is to be grams and sports, Boys and successful then it needs not Girls Club of the Kenai Penin- only to run smoothly and pro- sula, SAFE Kids Coalition, fessionaily, but also to beso- Blood Bank of Alaska, Soldotna · ciaily responsible as well." Chamber of Commerce, Paul Dena started working at a Gebhardt-lditarod Musher, Pub- McDonald's at 16 and met her lic Health Immunization Pro- husband there. gram, Child Passenger Safety "Most of my volunteer efforts Technician and she is an Arctic go towards children's programs WinterGames board member, because i am a kid's person," Dena and Scott Cunningham Dena said. o~,' 'hree McDonald's restau- "Through community involve- r ~cated in Homer, Kenai mentyou can accomplish many ar,,....,01dotna. An avid volunteer things that you might just think and business leader, Dena was about otherwise. It makes me named Woman of the Year for feet like i can make a difference, 2001 by the Soldotna Lions even if it is only in my little cdr- Club. Her Kenai McDonald's ner of the world," she said. You Safari Cl'ub 'lll internationa.i g; KENAI PENINSULA ' ' ........ ............... '"CHAPTER Greg Gabriel generously donated several mounts to be hung in the visitor center, and the local Safari Club came and hung them for us. Come by and see our new Brown Bear, Black Bear, Bison and Sheep mount, they are beautiful! 'MEMBER.Si.. FOR:' THE. MONTH!'i::OF',:"oCTOBER:?::': .. Kiln'e-. and:ASsociates: Priority: Construction. Accounting-&: Consulting; EldOn.Ham.fick;.:.:;:.,:~ ' Be~.:'Kline P'OBox: 853,:'$01dOtna~;.~.,..' PO B0x:-3047:;: SOidotna . ' (907): 335~4943 Construction/::'-- ' i n divid ua Is Oilfie Id.. Services The holiday season is fast approaching, and the perfect place to get in the spirit is at a Bazaar! During the month of November a local bazaar is scheduled every weekend. The following is a list of dates and times you won't want to miss' eSoldotna &¢nior C¢,ntcr ¢tnnual Yell ~azaar Soldotna Senior Center November 7-8, 10am-4pm Buy the finest in crafts on the Peninsula for those special people or for your own home. Enjoy the 7th Annual Art show, and all the goodies from a home- made bake sale with something to tempt everyone's taste. The kitchen will also be open serving up refreshments. For more information call 262-2322. &kgvicw Cr~,ft ~zaar ~:~~~. ?2' Skyview High School .... November 8, 10am- 6pm; November 9, 10am4pm ;~,.~.: Full of goodies from handmade cra~s to baked treats this event will have something for evewone on your holiday list. Sponsored by the Hockey Booster Club. For more information call Barb at 262-2325. &tcrling Chri~tma~ ~azaar st,.i. s .io November 14-15, 10am- 5pm ~~m'C~' The Sterling Seniors and local community members have been busy geeing ready for their Annual Christmas Bazaar, featuring wood ca~ers, jams jel- lies, and a wealth of other handmade items. The Elderbe~ Cafe will be open to tempt your taste buds, along wilh a fabulous bake sale with something for evewone. Don't miss it! For more information call 262-6808. &oldotna &port, C¢,ntcr Iqnnual 'Holidag ~azaar Soidotna Sports Center November 21, Noon- 8pm; November 22, 10:30am-8pm This annual bazaar is located in the Soldotna Sports Center Conference area. Booth space is sold out! You will find a huge assortment of fun goodies here. For more information call 262-3151. · .,.~'. · K.¢nai '¢trt~ ~uild Craft ?'air Kenai Central High School November 28,10am-6pm; November 29, 10am.4pm HUGE... The only word to describe this bazaar. The Kenai Arts Guild Craft Fair is the biggest on the Peninsula. Proceeds go to scholarships in the Kenai Peninsula area. Over 140 booths with HAND MADE, HAND CRAFTED ONLY products ranging from pottery, quilts, stained 91ass, toll painting and much more. Booth space is sold out! For more information, call Lauren at 776-8408. Soldotna Chamber of Commerce 44790 Sterling Hwy. $oldotna, Al< DD66D PRSRT STb U.S. POSTAGE PA~D SOLDOTNA, AK PER~XT NO. 5 City of Kenai Mayor John Williams 210 Fidalgo Ave. Kenai, AK 99611 3/[i.r. rion "To provide enhanced success of our membership and serve as a driver in developing7 $oldotna's future." The 5oldotna Chamber Connection is a monthly publication of the 5oldotna Cham- ber of Commerce. This publication is sent to members and associated organizations. There are many ways to submff story ideas (or stories themselves): Call Us.t 262-9814 3/Iail Us! 44790 Sterling Hwy. Soldotna, AK 99669 Fax Us! 262-3566 Email Us! info@soldotnachamber, com REACH AN AUD]:ENtE RZ:&HT :IN YOUR OWN BACKYARD RATES: Business Card Size ................................................ St~0 Full Page (Insert Only)-One a year is FREE .......... All rates are tbr one camera-ready advertisement tbr' one issue of the Ch.. ,' Connection. All ads must be recieved no later than the 15th of the month preced- ing publication. Send your artwork to the Chamber ottice or call us at 262-9814 tbr more information! o-- 0 e. · 0 · · < AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http ://www. ci. kenai.ak, us ITEM A: CALL TO ORDER 3. OATH OF OFFICE -- Pat Porter ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Proclamation -- KCHS Football Team ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2009-2003 (Final Public Hearing) -- Approving and Adopting the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borough. 2. Ordinance No. 2021-2003 -- Increasing Estimated Revenues and Appropriations by $7,800 in the General Fund for Library Grants. 3. Ordinance No. 2022-2003 -- Adding KMC 7.15.055 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. 4. Ordinance No. 2023-2003 -- Increasing Estimated Revenues and Appropriations by $1,585.00 in the General Fund for the Planning Department to Attend Section 106 Training. 5. Resolution No. 2003-52 -- Awarding a Snow Removal Contract at the Kenai Municipal Airport Terminal Building to Tuff Construction for the 2003/2004 Winter Season. 6. Resolution No. 2003-53 -- Awarding a Two Year Contract for the Operation and Management of the Kenai Recreation Center to the Boys & Girls Club of the Kenai Peninsula, Kenai Unit, in the Amount of $125,000 Per Annum, With an Option to Renew for Two Additional Years. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. * Ordinance No. 2024-2003 --Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund Visitors Center Department for Advertising. 4. *Ordinance No. 2025-2003 --Increasing Estimated Revenues and Appropriations by $205,027 in the General Fund for an Alaska State Homeland Security Grant to Purchase a Digital Wireless Statewide Shared Public Safety Communications System. 5. *Ordinance No. 2026-2003 --Increasing Estimated Revenues and Appropriations by $350,000 in the Boat Launch Capital Project Fund for a State Grant. 6. *Ordinance No. 2027-2003 --Increasing Estimated Revenues and Appropriations by $40,000 for a State Grant for Maintenance and Facility Improvement at the Senior Center. 7. *Ordinance No. 2028-2003 -- Adopting KMC 21.05.045 to Establish an Off- Airport Gross Income Rental Car Fee for Off-Airport Rental Car Companies Using the Kenai Municipal Airport for their Businesses. 8. *Ordinance No. 2029-2003 -- Amending the Fine Schedule at KMC 13.10.015. 9. *Ordinance No. 2030-2003 -- Amending KMC 1.90.010 to Allow the Kenai City Council to Establish Task Forces Regarding Millennium Square and/or Economic Development with a Membership of Greater Than Seven (7) and Sunsetting the Ordinance in Three (3) Years. 10. *Ordinance No. 2031-2003 --Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Grant From the Rasmuson Foundation Art Acquisition Initiative. 11. Approval -- Lease Application/Division of Forestry, Lot 4, FBO Subdivision No. 7. 12. Approval -- Lease Application/20/20 International, Inc. and John C. & Marie L. Parker, Individually, Lots 5 & 6, Block 1, FBO Subdivision. 13. Approval -- Termination of Lease/U.S. Fish & Wildlife Service, Lot 2, Block 3, General Aviation Apron. 14. Approval -- Concession Agreement/Hertz Corporation. 15. Discussion -- Council Liaison Assignments EXECUTIVE SESSION -- None Scheduled. ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www.ci.kenai.ak.us Carol L. Freas, City Clerk D324/211 MAKE 2§ PACKETS COUNCIL PACKET DISTRIBUTION ¢OUN¢]:L ~EET]:NG DATE: Mayor~Council Attorney ~, ZayIor/$prin~tcr/Keb$chull Clerk ~ City Mana~tcr ~ Public Works Police Deportment / Finance ~ Engineer Senior Center ~ Airport ~ Kim Librory ~ Perks & Recreation ~ Clarion Fire Deportment ~ Schmidt ~. Mellish VISTA ~ AGENDA DTSTR~BU~ON Sewer Treatment Plant Streets Shop Dock Buildin~l Maintenance Animal Control Water/Sewer Counter DEL.TVER Council Pockets to Police Department Dispatch desk. The Clarion, Mellish & $chmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible after Noon on packet day. The camera-ready agenda c'/myfiles/documents/minutes/egenda form for paper) is emeiled to Denise et Pen/nsu/a ~/ar/on (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaske.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and :L' hold them in my HTML file. Place them onto the city's website with Front Page from there as soon as possible before leaving the office for the weekend.