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HomeMy WebLinkAbout2003-11-19 Council PacketKenai City Counci i Meeting Packet November 19, 2003 AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http'//www, ci.kenai.ak.us I_TEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are . considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. .ITEM B: . $CHEDU~,ED PUBLIC COMM~'-NTS (10 minutes) Kay Shearer-- Request and Sign Naming Softball Complex in Honor of Steve Shearer. ITEM C: ITEM D: PUBLIC HEARINGS 1 , , Ordinance No. 2024-2003 -- Increasing Estimated Reqenues 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. , Ordinance No. 2027-2003 -- Increasing Estimated Revenues and Appropriations by $40,000 for a State Grant for Maintenance and Facihty Improvement at the Senior Center. . Ordinance No. 2029-2003 -- Amending the Fine Schedule at KMC 13.10.015. , . , ITEM E: o 2. 3. 4. 5. 6. 7. ITEM F: . ITEM G: ,,, _ ITEM H: ITEM I: e , 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. Ordinance No. 2031-2003 -- Increasm§ Estimated Revenues and Appropriations by $7,000 in the General Fund for a Grant From the Rasmuson Foundation Art Acquisition Initiative. Resolution No. 2003-54-- Awarding a Sole Source Contract to Motorola in the Amount Not to Exceed $205,027 to Equip the Kenai Emergency Operations Center (KEOC) with an 80' Radio Tower, Antennas, Connectors and Grounding, and the Kenai Police and Fire Departments with Radios Supporting Both Conventional and 800MHZ Alaska Land Mobile Radio (ALMR) Digitally Trunked Operations. *Liquor License Renewal-- Kenai Country Liquor/Package Store. 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 MINUTES *Regular Meeting of November 5, 2003. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *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. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L._' DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: _ ADJOURNMENT MAYOR'S REPORT NOVEMBER 19, 2003 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: SUBSTITUTE: Resolution No. 2003-54 -- Awarding a Sole Source Contract to Motorola in the Amount Not to Exceed $205,027 to Equip the Kenai Emergency Operations Center (KEOC) with an 80' Radio Tower, Antennas, Connectors and Grounding, and the Kenai Police and Fire Departments with Radios Supporting Both Conventional and 150MHZ VHF Alaska Land Mobile Radio (ALMR) Digitally Trunked Operations. {Change in frequency in the headin§ and "now, therefore..."} CITY CLERK CONSENT AGENDA . t MAYOR'S REPORT The meeting with Dan Fauske (AHFC) and council members/administration will be at 10:00 a.m. on December 4, 2003 in the council chambers. November 20 -- Members of the Ways & Means Committee will be at Kenai City Hall to start dialog regarding solutions to fix the fiscal gap. ITl Z rn rn Z ,i ~-~°~~o>~ 0 Z rn rn z 0 ~-@~~o>= =~~~o> PLEASE PRINT SIGN IN SHEET PUBLIC HEARING: ,2003 NAME ADDRESS THE ~STEVE SHEARER MEMORIAL PROPOSAL 11/06/2003 Steve Shearer Memorial Committee 51402 Josie Street Kenai, Alaska 99611 (9078)776-8426, fax (907)776-8462 November 6, 2003 Parks & Recreation Commission City of Kenai Attn: Bob Frates We, the following, represem a committee to commemorate the life of Steve Shearer, who died July 1998. We wish to place a sign and small garden at the Kenai Softball Field Complex to honor Steve and are requesting your approval to do so. (Please see attached diagrams.) With your approval, our committee would be responsible for the building and erecting of the sign, as well as the building and maintain~g of the garden. Our committee would absorb all cost for the project and work within your specifications and those of the Beautification Committee. Steve was a well known, hard working, family man. He owned a construction business and was involved in the construction of many buildings here in Kenai. He loved Alaska and all it offered. He worked hard and played hard. There wasn't a time he wasn't involved in competitive sport. As his boys grew, he was even more involved, coaching them in their sports. If he were still alive, he would be involved in softball one way or another. Kenai softball came about in the mid 1970's with bar leagues ' Foreland's, Decanter Inn, Hunger Hut, The Place, etc. It was popular during the summers as a recreational and competitive sport. Steve was fight in the middle of it, having come to town in 1975, he and his friends formed the Decanter team. After a season of haphazard scheduling and "whoever shows up plays", the players were looking for more organized play - more sport, more teams. In 1976, Steve worked with Kayo McGillvery/Dept of Parks & Rec. to set up organized teams and define "league play". Kenai softball soon had 8 teams, 3 fields (including one in Soldotna), scheduled games, and 4 umpires. Steve was now President of the Men's Softball League and it was his responsibility to finance, and schedule games, tournaments, and umpires for the Kenai/Soldoma area. The following year, Steve pursued and received ASA (Alaska Softball Association) approval for the Kenai Men's Softball League. Our league was now sanctioned by the State of Alaska. This meant more games and more competition, which involved State sponsored tournaments and invitational tournaments. In 1977 & 1978, Steve worked hard to see all umpires received certification so they could be ASA recognized and receive pay for games and tournaments. By 1981, the new Kenai softball field complex was built. Steve lobbied hard and worked diligently with Kayo to have these fields constructed. He, and his teammates, pulled volunteers together to build the dugouts and concession smd. All in all, Steve took the responsibility on himself, by himself, to play league ball. It would be firing to have the Kenai Softball Field Complex dedicated to his memory. We appreciate your consideration of our request. Sincerely, The Steve Shearer Memorial Committee Kay Shearer Steve Dexhe~mer Mike Navarre/ 3fn Si~ley ~ DIAGRAMS · LETTERS OF SUPPORT i_ FROM ' F,AX [..lO, · NOV. October 22, 2003 Mr. Bob Frates Kenai Parks and Recreation Members of the Kenai City Council Dear Mr. Frates and Members of the Kenai City Council, We are writing in support of and to share our feelings about a request to name the Kenai softball fields after Steve Shearer. We met Steve the day he got off the plane in the early 1970's and were very close through the remainder of his life. We feel that his contribution to organized softball and the Kenai community in general, more than justifies naming t'he Kenai ball fields in his memory. From the humble beginnings of 2 or 3 "Bar" teams that got together and played slow pitch anywhere we could find a spot, Steve always took the lead in encouraging people to turn out, rounding up the umpires, and dragging ~e equipment around in the back of his truck. He was instrumental in working with Kao McGillvery at the very start of the Kenai men's league. He had endless enthusiasm for tournament organization, equipment acquisition, and uItimatelY helped secure certification with the Alaska Softball Association. He was very supportive of the women's and youth softball programs and was the backbone of the grassroots effort to build dug-outs and concession facilities at the Kenai ball fields. He was a solid member of our community and contributed in many other ways to make Kenai the place it is today. Not to mention, he was a damn good third baseman. Please give this request serious consideration and help us in remembering Steve. 4371 Kapuna Road Kilauea, HI 96754 808-828-1295 To Whom It May Concern: I am writing this to show my support of the idea to name the current softball fields after the late Steve Shearer. Steve was instrumental in the original organization of our local softball leagues.He was the driving force to allow us to get the money from the state to build these beautiful fields which by now several generations of players have enjoyed. I have been a resident of this area since 1975 and was one of the original members of the area softball association. I think that it would be a tremendous tribute to have the softball fields named after Steve and ask that you give your support and blessing to this endeavor. Sincerely, SMDexheimer PO Box 1931 Soldotna,Ak.99669 907 252-0474 907 776-3014(wk) S~ 1E SIGNATURES OF SUPPORT PETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be na~d in the loving memory of Steve Shearer for hi~ devoted organization and plannin~ which helped bring softball to our community. PETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving me~~ of Steve Shearer for his devoted organization and planning which helped bring ,oftball to our community. PETITION FOR SIGNATURES tge, the undersigned, hereby support the dedication of the Kenai soflball fields to be named in the loving memory of Steve Shearer for h~ devoted organization and planning which helped bring softball to our community. e-/. tog · PETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving tru~~ of Steve Shearer for his devoted organization and planning which helped bring ,oftball to our community. pETITION FOR SIGNATURES We, the undersigned, hereby support the dedication of the Kenai softball fields to be named in the loving memor~ of Steve Shearer for his de~oted organization and planning which helped bring softball to our community. \\ /! / PETITION FOR SIGNATURES IFe, the undersigned, hereby support the dedication of the Kenai softbaH fields to be named in the loving memory of Steve Shearer for hi~ devoted organization and planning which helped bring softball to our community. Suggested by: Cou: 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 Increase Appropriations: Visitors Center Advertising $2.500 $2,500 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:. (10/22/2003) hl Introduced: Adopted: Effective: November 5, 2003 November 19, 2003 November 19, 2003 Suggested by: Administr, 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 STATEWIDE 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 Project 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 Project Fund Increase Estimated Revenues: State Grant Increase Appropriations: Construction Engineering Administration $350,000 $308,000 40,000 2,000 $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: Administratic 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 Proiect Fund Increase Estimated Revenues: State Grant $40,000 Increase Appropriations: Construction Engineering $30,000 10,000 $40:OO0 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 Suggested by: City Attorney CITY OF KENAI ORDIN~CE NO. 2029-2003 AN ORDIN~CE OF THE COUNCIL OF THE CITY OF ~NAI, 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 frae 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 frae schedule to include fines for offenses not previously covered in the frae schedule; and, WHEREAS, the City should allow for the state bail 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 f'me 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 frae 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 Section 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 19~ 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 13 AAC 13 AAC CITE 02.050, 02.050(b)~ 13AAC 13 AAC 13 AAC 13 AAC 13 AAC 02.055 02.060 02.065 02.070 02.075~ RULE/OFFENSE RULES OF ROAD uired Slower traffic to kee ~ht ht Restrictions on driving_left of center on left zones direction 13 AAC 13 AAC 13 AAC 13 AAC 13 AAC 13AAC 02.090 02.085 02.~ 02.095 02.095 02.140~ 13AAC 02.01( 13AAC 02.120 13AAC 02.125 13AAC 02.130 13AAC 02.135~ 13AAC 02.140 13 AAC 02.015 13 AAC 02.100, 13 AAC 02.100~ 13 AAC 02.155~ 13AAC 02.155 13AAC 02.155 13AAC 02.155, 13AAC 02.155 13AAC 02.160~ 13AAC 02.175 13AAC 02.180 13AAC 02.190 13 AAC 02.200 13 AAC 02.205 13 AAC 02.210 13 AAC 02.215 13 AAC 02.257 13 AAC 02.265 13 AAC 02.325 13 AAC 02.275 13 AAC 02.275 13 AAC 02.280~ 13 AAC 02.325 KMC 13.40.020 KMC 13.40.050 KMC 13.40.080 KMC 13.40.030 KMC 3.10.010 laned for traffic on one-wa~ street Controlled access ro Vehicles restricted from controlled access roa~ Ddver to exercise due care RIGHT-OF-WAY Failure to sto Vehicle tumino, left Failure to obe~ ~ield to red traffic nal intersection ns road or ddw vehicle* *Man( PEDESTRIAN RIGHTS AND DUTIES Pedestrian to obe~ control devices and ulations Pedestrian crossin( not in crosswalk to ~ield cro~ in crosswalk Pedestrians to use due care Driver not to vehicle sto Pedestrians to use ht half of crosswalk zone Pedestrian cro: at other than dc ~le Pedestrians soil( ddes or business TURNING AND STARTING movement or restricted U-turn start from movements and nals SPECIAL STOPS REQUIRED / Minimum fine $1 uired when traffic obstructed school bus SPEED RESTRICTIONS under certain hazardous conditions BASIC SPEED' violations - De: nated limits ~ 3-19 20 or more over violations - Altered limits 3-9 ove 20 or more over Minimum s violation violations -- School zones 3-9 10-19 over 20 or more over* *Mand~ / Minimum fine OFF-ROAD VEHICLE OPERATION limits iuired vehicle in a area uired ANIMALS Interference with 3fanima KMC 13.10.060 KMC 13.30.035 KMC 13.30.095 KMC 18.35.010 13 AAC 22.340 KMC 12,25.020 :.i"~:.'::' ...... KMC':rl 2.25:030 .~.;'::: PARKING on Kenai Ave ABANDONED I JUNK VEHICLES of vehicle ........ dunk~ehicle GENERAL 40.00 40.00 60.00 50.00 60.00 25.00 75.00 25.00 50.00 150.00 50.00 75.00 75.00 75.00 180.00 90.00 8.00 12.00 8.00 12.00 60.00 12.00 14.00 16.00 100.00 100.00 100.00 90.00 50.00 50.00 50.00 50.00 50.00 50.00 Ordinance No. 2029-2003 Attachment A CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-77b,, TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' FROM:C'/~[ DATE: RE' Mayor Williams and Council Members Cary R. Graves, City Attorney November 14, 2003 Ordinance 2029-2003 - City's Fine Schedule As you know, the City recently increased its fine schedule and began processing uncontested tickets at city hall. This ordinance makes changes to the fine schedule. They are: 1) On lines 55 (KMC 3.10.010--Barking Dogs) and 57 (KMC 3.10.020(a)(b) & (d)--Loose Dogs), I added a fine schedule amount of $100 for the second offense. This would allow a person charged with a second offense to plead guilty and pay a $100 fine without going to court. Currently, since it is a mandatory court appearance, when a person doesn't show up for court, we have to get a supplemental summons or seek an arrest warrant for failure to appear. It would be much more efficient if we could simply default them and attach their permanent fund. 2) KMC 3.10.020(c) has been removed from the fine schedule because it deals with vicious and dangerous animals. Our (Bill Godek's and my) feeling was that persons charged with dangerous or vicious animals should be required to appear in court. That way we could seek an order to destroy the animal if necessary or require appropriate containment measures be taken. 3) On lines 63 (KMC 12.25.020---Abandoned Vehicles) and 65 (KMC 12.25.030--Junk Vehicles), I added a fine schedule amount of $100. As above, when people fail to appear, I have to ask for a supplemental summons or arrest-warrant, and it is more efficient to get a default judgment and attach their PFD. The code does not allow us to go on private property and remove the cars so, if the car is not removed, we will simply give them another citation. 4) Under the heading "General" at the bottom of the schedule is a note about traffic offenses not appearing on the fine schedule. In KMC 13.30.010, the City has incorporated by reference the state's traffic code. We will use the state's bail schedule for any traffic offenses that do not appear on the fine schedule. Let me know if you have any questions. 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: (a) (b) (c) 1.90.010 Creation All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven {7) members who shall be nominated by the Mayor and confirmed by the City Council from 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 mac create task force(s) regarding Millennium Squa_re 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% Ci_ty of KenaJ residents. This section (c) shall sunset in three (3) years from the effective date of this ordinance. Ordinance No. 2030-2003 Page 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) 210 Fidalgo Avenue Kenai Alaska 99611-7794 1992 KENAI, ALASKA Draft Economic Development Strategy Committee Memorandum of Understanding Creation: This strategy committee is envisioned as a joint effort between the City of Kenai and the Kenai Chamber of Commerce. The committee would be independent in action but exist at the will of both sponsoring organizations. Purpose: Assist in the development of an economic development plan for the city of Kenai and examine and make recommendations on other development projects as the committee views as necessary. Scope' All economic development activity inside the limits of the city of Kenai. Membership' There will be about 15 members of the committee. Members would be collaboratively selected through the Kenai Chamber of Commerce and the City of Kenai. Structure: The structure and operation of the strategy committee would be decided upon by the membership of the committee. This may include the creation and operation of subcommittees, meeting times and places, internal leadership, and removal of members for any reason. Staffing: The strategy committee would be staffed by Casey Reynolds, Economic Development Director, City of Kenai. Noticing' All meetings would be open to the public, would be noticed 3-5 days in advance via intemet pages and bulletin boards, and would be held at a regular place and time. Minutes' Information from the meetings would be kept in accordance with standard open meeting procedures. e a Past, wz a Fntnre 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535/FAX: 907-283-3014 '1111' KENAI, ALASKA Draft TO' FROM: Prospective Comprehensive Economic Development Strategy (CEDS) Committee Members Casey Reynolds, Director of Economic Development DATE: 11/19/2003 SUBJECT: Committee Parameters We have received a great deal of interest from the Kenai community in serving on the Economic Development Strategy Committee. In order to ensure that all who volunteer have an understanding of what will be expected of them the following outline of the committee has been prepared. Please read it over to make sure you are willing to offer the time and service needed for this project to be successful. Expectations' Commitments: .,Structure: This committee is expected to do work necessary to prepare a recommended CEDS for the City of Kenai by May 15.2004. Prospective committee members should expect to attend and be prepared for as much as one meeting a week of 1-3 hours in length (this includes anticipated subcommittee meetings later in the process). Discussions and decisions made in meetings will require committee members on a regular basis to review and be familiar with significant amounts of information prior to the start of meetings. In addition, at various times in the CEDS process some committee members will be expected to do considerable out of meeting work to 'ensure the CEDS is completed in an efficient and timely manner. This committee will be appointed be joint decision of the City of Kenai administration and the Kenai Chamber of Commerce. After formation, the committee will set its own structure including internal leadership, creation of subcommittees, setting meeting times and places, and removing committee reason. members for any Notice: Meetings of this committee and any subcommittees will fall under City of Kenai public meeting standards. This means all meetings must be advertised via city bulletin board and various websites 3-5 days in advance, be held as much as possible at regular times and places, and keep minutes, agendas, and other records. Staffing: This committee will be staffed by Casey Reynolds, City of Kenai Economic Development Director. The committee should be comfortable in using Mr. Reynolds as a resource for help in finding and reviewing information, producing documents, or other functions as needed. 0 ~ E IJJ ~ 0 0 Suggested by: Administratio~ 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 Increase Appropriations: Visitors Center Miscellaneous $700(~ 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 AC:~UI$1TION INITIATIVE PO BOX 853 · HOMER, AK · 99603-0853 May 12, 2003 Dear Museum and Cultural Cemer 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 comracted 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 imended (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 represeming 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 cemers 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 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2003-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A SOLE SOURCE CONTRACT TO MOTOROLA IN THE AMOUNT NOT TO EXCEED $205,027 TO EQUIP THE KENAI EMERGENCY OPERATIONS CENTER (KEOC) WITH AN 80' RADIO TOWER, ANTENNAS, CONNECTORS AND GROUNDING AND THE KENAI POLICE AND FIRE DEPARTMENTS WITH RADIOS SUPPORTING BOTH CONVENTIONAL AND 800MHZ ALASKA LAND MOBILE RADIO (ALMR) DIGITALLY TRUNKED OPERATIONS. WHEREAS, The State of Alaska and Department of Defense awarded Motorola the sole source contract for the ALMR system for statewide interoperable emergency communications, as Motorola is the only vendor that makes an Association of Public-Safety Communications Officials (APCO) Project 25 compliant radio console for digital public safety radio communications; and, WHEREAS, ProComm Alaska is Motorola's only Alaska Agent and Manufacturers Representative, and the only contractor authorized by Motorola to design, build and maintain the radio communication systems for Public Safety Answering Points (PSAPS or 9-1-1 Centers); and, WHEREAS, Motorola d/b/a ProComm Alaska designed, installed and carries the maintenance contract for City of Kenai Communications Center, and will provide unquestioned compatibility of equipment in this award with current City equipment and the ALMR; and, WHEREAS, as Motorola's only Alaska Agent and Manufacturers Representative, ProComm maintains a local service center and provides immediate response for maintenance issues for emergency communication, and is the only vendor in Alaska with local support for PSAPs; and, WHEREAS, the grant from the Office of Homeland Security was awarded based on Motorola specified equipment, and that office has no objection to a sole source award; and, WHEREAS, equipment in this award meets future ALMR needs due to cooperative planning by the City of Kenai, the Borough, Soldotna, Homer and Seward, and local and State E-911 Boards; and, WHEREAS, it is critical that the design of the City of Kenai Emergency Operations Center be coordinated and continued across a protracted development period due to multiple grant funding and going through a competitive bid process for each segment of development is not in the City of Kenai's best interest; and, WHEREAS, KMC 7.15.050(2) provides that equipment or contractual services that can be furnished only by a single dealer or that has a uniform price wherever bought may be sole sourced; and, WHEREAS, the Council of the City of Kenai has determined that this award is in the best interests of the City and the KEOC as designed by Motorola, and that the equipment provides interoperability for emergency responders, and is unique in that it includes the only APCO 25 trunked digital compliant consoles presently available. Resolution No. 2003-54 Page 2 of 2 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a sole source contract in the amount not to exceed $205,027 be awarded to Motorola d/b/a ProComm Alaska to equip the Kenai Emergency Operations Center (KEOC) with an 80' radio tower, antennas, connectors and grounding and the Kenai Police and Fire Departments with Motorola radios supporting both conventional and 800mhz ALMR digitally trunked operations. 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: SUBSTrl _. _ Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2003-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A SOLE SOURCE CONTRACT TO MOTOROLA IN THE AMOUNT NOT TO EXCEED $205,027 TO EQUIP THE KENAI EMERGENCY OPERATIONS CENTER (KEOC) WITH AN 80' RADIO TOWER, ANTENNAS, CONNECTORS AND GROUNDING AND THE KENAI POLICE AND FIRE DEPARTMENTS WITH RADIOS SUPPORTING BOTH CONVENTIONAL AND 150MHZ VHF ALASKA LAND MOBILE RADIO (ALMR) DIGITALLY TRUNKED OPERATIONS. WHEREAS, The State of Alaska and Department of Defense awarded Motorola the sole source contract for the ALMR system for statewide interoperable emergency communications, as Motorola is the only vendor that makes an Association of Public-Safety Communications Officials (APCO) Project 25 compliant radio console for digital public safety radio communications; and, WHEREAS, ProComm Alaska is Motorola's only Alaska Agent and Manufacturers Representative, and the only contractor authorized by Motorola to design, build and maintain the radio communication systems for Public Safety Answering Points (PSAPS or 9-1-1 Centers); and, WHEREAS, Motorola d/b/a ProComm Alaska designed, installed and carries the maintenance contract for City of Kenai Communications Center, and will provide unquestioned compatibility of equipment in this award with current City equipment and the ALMR; and, WHEREAS, as Motorola's only Alaska Agent and Manufacturers Representative, ProComm maintains a local service center and provides immediate response for maintenance issues for emergency communication, and is the only vendor in Alaska with local support for PSAPs; and, WHEREAS, the grant from the Office of Homeland Security was awarded based on Motorola specified equipment, and that office has no objection to a sole source award; and, WHEREAS, equipment in this award meets future ALMR needs due to cooperative planning by the City of Kenai, the Borough, Soldotna, Homer and Seward, and local and State E-911 Boards; and, WHEREAS, it is critical that the design of the City of Kenai Emergency Operations Center be coordinated and continued across a protracted development period due to multiple grant funding and going through a competitive bid process for each segment of development is not in the City of Kenai's best interest; and, WHEREAS, KMC 7.15.050(2) provides that equipment or contractual services that can be furnished only by a single dealer or that has a uniform price wherever bought may be sole sourced; and, WHEREAS, the Council of the City of Kenai has determined that this award is in the best interests of the City and the KEOC as designed by Motorola, and that the equipment provides interoperability for emergency responders, and is unique in that it includes the only APCO 25 trunked digital compliant consoles presently available. Resolution No. 2003-54 Page 2 of 2 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a sole source contract in the amount not to exceed $205,027 be awarded to Motorola d/b/a ProComm Alaska to equip the Kenai Emergency Operations Center (KEOC) with an 80' radio tower, antennas, connectors and grounding and the Kenai Police and Fire Departments with Motorola radios supporting both conventional and 150 Mhz VHF ALMR digitally trunked operations. 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: NOV-13-2003 THU 08:20 RM KENR! PEN BOR CLERK NO, 90726286:15 KIENAI PENINSULA BOROUGH 144 N. BINKLEY o SOLDOTNA, ALASKA - 99669-7599 t BUSINESS (907) 262-8608 FAX (907) 262-8615 -.~ EMAIL; assemblyclerk~borough.kenai.ak.us N'ovcmb~r ~2, 2003 LINDA MURPHY, MMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor · Alcoholic Beverag~ Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 Re: Application f~r Renewal of Liquor Licens~ Dear Ms. Holland-Williams: Please bc advised that thc Kcnai Peninsula Borough has no objection to the approval of thc application(s) for renewal of tho liquor license(s) for the following establishment(s), lo~ated in the City of Kenai, Alaska: Package Store Kenai Country Liquor- #1308 Thc Kcnai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, I,inda S. Murphy, MMC Borough Clerk applicant City of Kenai KPB Finance Department File t'age Iot 3 Carol Freas ....... ~ ......... . .......................... ~ ...................................... , ............. ., .............. .,,,. ~ ............................................................................. ~..,~ ......... ~ ........ From: Reeda Jaramillo [reedajaramillo@dps.state.ak.us] Sent: Friday, November 07, 2003 2:52 PM To: Carol Freas Cc: Sue Ellen Essert Subject: Renewal Notification - Kenai (Correction) Dear Local Governing Body' We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. 2004-2005 Type'. License: Location' Owner'. Agent: Phone: Package Store Kenai Country Liquor #1308 140 S Willow Street Foodtown Liquor Inc. Donald Glimmer 907-283-2606 Mailing Address: P O Box 2941 Kenai AK 99611 We have received application (see attached notice) for a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 11/10/2003 COUNCIL ON AGING NOVEMBER 6, 2003 KENAI SENIOR CENTER 10:00 A.M. ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: , ,, ITEM 8: , , , ITEM ITEM 10: AGENDA CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- September 4, 2003 PERSONS SCHEDULED TO BE HEARD Linda Swarner -- Kenai Peninsula Food Bank OLD BUSINESS Discussion -- Assisted Living Project Update NEW BUSINESS Discussion -- Winter Months Salad Bar/Portions Discussion -- Strategic Planning and Goals REPORTS Council on Aging Chair Director Council Liaison OUESTIONS/k COMMENTS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION ITEM 11: Council Action Agendas of October 1 and 15, 2003. ADJOURNMENT ANNUAL MEETING: JANUARY 8, 2003 -- 10 A.M. COUNCIL ON AGING NOVEMBER 6, 2003 KENAI SENIOR CENTER 10:00 A.M. CHAIR RICHARD JURGENSEN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chairman Jurgensen called the meeting to order at approximately 10'00 a.m. was confirmed as follows: The roll Members present: Others present: Hollier, Osbom, Wilson, Higley, Harris, Jurgensen, Huddleston City Clerk Freas, Senior Director Craig, Council Member Swarner, R. Meeks and K. Gibbons. ITEM 2: AGENDA APPROVAL MOTION: Member Osbom MOVED to approve the agenda as presented and Member Huddleston SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY-- September 4, 2003 MOTION: Member Huddleston MOVED to approve the meeting summary of September 4, 03 and Member Osbom SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO Big HI*.A~n Ltnda Swarner -- Kenai Peninsula Food Bank Swarner gave an overview of the Kenai Peninsula Food Bank and services they offer. She also noted they are a non-profit; a United Way agency; the Kenai Senior Center is one of their active agencies; and they are a member of the Food Bank of Alaska and Second Harvest (nationwide food bank). She also discussed the importance of community food drives and donations to enable them to fill their shelves and offer emergency food boxes to those needing them in the area. Swarner also reported a one dollar donation purchases 11 pounds of food from the Food Bank of Alaska for the Bank's distribution. ITEM 5: OLD BUSINESS Discussion -- Assisted Living Project Update Director Craig reported the Senior Connection were successful in acquiring the necessary insurance required; an update of the market study will be done with the cost shared with the Nikiski Senior Center; and, the Connection haa discussed a contract with dames McConnell as a coordinator and who will develop grant applications for funding the project. O'Connell has stated he will not request a salary unless he is successful in acquiring funding. Craig also noted, during a presentation at the NoVember 5 council meeting, representatives from the Kenaitze Indian Tribe noted their interest in working with the Connection on this project along with South Central Counseling. ITEM 6: NEW BUSINESS Discussion -- Winter Months Salad Bar/Portions Craig explained, the cost of food and especially lettuce and other fresh salad vegetables are much higher during the winter months. She suggested omitting the salad bar in January, February and March. Craig also noted, there have been comments from seniors that less food would be wasted if portions were smaller. Though she would be willing to give carry-out boxes for leftovers from the individual meals, there is some concern of people taking advantage of that ability as well, which will continue to inflate the meal costs. The issues were discussed and the following action was taken: MOTION: Member Hollier MOVED to discontinue the salad bar for January, February and March while the cost of lettuce, etc. is so high. Member Osbom $~ONDED the motion. There were no objections. MOTION: Member Huddleston MOVED to try cafeteria-style serving of the lunch meals starting December 1, 2003 and Member Hollier SECONDED the motion. There were no objections. SO ORDRRED. It was noted, with seniors taking only the amount and what they wanted and the staff serving the portions, the waste will diminish as well as the cost. Discussion -- Strategic Planning and Goals durgensen explained he and Craig discussed the membership development of goals and objectives for the senior program. Items to consider would be expanding age groups (line dancing, making seats available on vans for outings, etc.); what directions to go to serve the seniors in the best way; and, what are the community's needs. Craig was requested to place this issue on the January meeting agenda. COUNCIL ON AGING MEETING NOVEMBER 6, 2003 PAGE 2 Craig added, she would include in the January meeting packet copies of the strategic plans from other area facilities and work sheets for the members to list their ideas and bring them to the meeting. ITEM 7: REPORTS Council on Aging Chair-- No report. 7-b. Director-- Craig noted the following: * She used some grant funds she received to attend a three-day conference on senior mobility and transportation. She stated it was a very good conference and there was a lot of discussion relating to rural areas w/th transit systems working with senior centers to make transportation available for the whole community. Craig stated, with funds being cut, senior centers are being encouraged to investigate how they can work with other agencies to better provide services to non-seniors to generate revenue. · The Mystery Dinner Theatre will be held on November 14 and 15 and she is in need of volunteers to sell, take tickets, and serve meals. 7-e. Counefl Liaison -- Swamer reported the following: · At the November 5 council meeting, among other items, a contract was awarded to the Boys & Girls Club for management of the Kenai Recreation Center. She also reported the Comprehensive Plan was adopted by council. The Funny River Ladies would be raffling a quilt donated by the Funny River Quilters. The drawing will be held on December 6 at the Funny River Ladies Biscuit & Gravy Fundraiser to be held at the Food Bank. ITEM 8: QUESTIONS/h COMMENTS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE H~EARD -- None. ITEM 10: INFORMATION 10-a. Council Action Agendas of October 1 and 15, 2003. ITEM 11: ADJOURNMENT MOTION: Member Hollier MOVED to adjourn and Member Osbom SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 11' 14 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING NOVEMBER 6, 2003 PAGE 3 KENAI HARBOR COMMISSION MEETING NOVEMBER 10~ 2003 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' ITEM 2' ITEM 3: ITEM 4: ao ITEM 5: a, ITEM 6' ao ITEM 7: ao ITEM 8' ITEM 9' ITEM 10: ao ITEM 11' CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY-- September 8, 2003 PERSONS SCHEDULED TO BE HEARD Ken Tarbox-- Feathered Trail Champions OLD BUSINESS Discussion/Recommendation-- Dip Net Fishery NEW BUSINESS Discussion/Recommendation-- Proposed 2004 Foreclosure Sale REPORTS Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS/OUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Kenai City Council Action Agendas of October 1 and 15, 2003. ADJOURNMENT KENAI HARBOR COMMISSION MEETING NOVEMBER 10~ 2003 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON~ PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Thompson called the meeting to order at approximately 7:00 p.m. confirmed as follows: Roll was Commissioners Present' Commissioners Absent: Others Present: Eldridge, Higley, Foster, Spracher, and Thompson. Barrett Council Member Bookey and Public Works Manager Kornelis ITEM 2' AGENDA APPROVAL MOTION: Commissioner Eldridge MOVED for approval of the agenda as presented and Commissioner Spracher SECONDED the motion. There were no objections. ORDERED. SO ITEM 3' APPROVAL OF MEETING SUMMARY-- September 8, 2003 MOTION: Commissioner Eldridge MOVED to approve the meeting summary as presented and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Ken Tarbox-- Feathered Trail Champions Tarbox discussed bird watching and the Kenai River estuary, a proposal for economic gain and wetland conservation. He noted, bird watching is the second-most popular hobby in the U.S., however in Alaska trail development and localized birding hotspots are in the infant stage of development and economic gain could be significant. Tarbox reviewed the proposed areas for placement of viewing platforms along the City of Kenai public boat access road, noting the locations would minimize costs and environmental impacts while providing good viewing opportunities, adequate parking, sanitation facilities, etc. Discussion followed where it was noted, the area for Platform A was already leased area; platforms are 60x60' and cost would be approximately $50,000; cost of walkways are $300/lf; and the agencies would be concerned about development on new wetlands. MOTION: Commissioner Eldridge MOVED to recommend to city council the Harbor Commission supports creating bird wildlife viewing trails/platforms off dock road including B&C sites as proposed locations, but moving Site A to the area near the existing piles. Commissioner Higley SECONDED the motion. There were no objections. SO ORDERED. ITEM 5: OLD BUSINESS Discussion/Recommendation -- Dip Net Fishery The Commission reviewed the information included in the packet, as well as motions made at the September 8 meeting. It was noted the city does not have a solution to collecting fees on the south side. Council Member Bookey requested the commissioners to prepare lists of improvements they recommend for the dip net operation for the next meeting and the item be included on the agenda for that purpose. ITEM 6: NEW BUSINESS Discussion/Recommendation-- Proposed 2004 Foreclosure Sale The Commission reviewed the information, maps and Komelis' memorandum and recommendation which were included in the packet. Comments included the desire for the city to retain the beach properties as several are beach dunes and wetlands; retaining those properties would be helpful if the coastal trail is developed. MOTION: Commissioner Eldridge MOVED to recommend the city keep these blocks of lands as (suggested in Public Works Manager Komelis' memorandum included in the packet) for city use and not put them into the sale. Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Director-- Komelis noted the following: · Explained the $350,000 grant from the State would include land purchase, new launch ramps with floats, new road to exit onto Bridge Access Road, parking and paving. HARBOR COMMISSION MEETING NOVEMBER 10, 2003 PAGE 2 · A Fish & Wildlife grant in the amount of $12,000 with city's in-kind contribution would be used for South Spruce wetlands protection. · State Parks is pulling the pillars at the Pillars Ramp and will give them to the city. The city will use them as their in-kind contribution to the South Spruce wetlands protection project. · Council is considering creating a Millennium Square Commission/Task Force to review economic development avenues in the city, and include all kinds of major projects. T-bo Dock Foreman -- No report. 7-c. City Council Liaison -- Council Member Bookey reviewed actions taken by council at their November 5 meeting, i.e. appointed liaisons to commissions/committees (he will continue as the Harbor Commission's liaison); the Comprehensive Plan was approVed; the Recreation Center Management Agreement was approved; December 18 "Board" Cutting at Home Depot, etc. He added, he was not interested in tying up the Kenai Flats into conservation land and he would be closely following the bird-watching proposal. ITEM 8: COMMISSIONER COMMENTS / QUESTIONS Commissioner Eldridge reported CIRCAC was doing some sampling in the River and suggested the Corps be informed. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of October 1 and 15, 2003. ITEM 11: ADJOURNMENT MOTION: Commissioner Eldridge MOVED for adjournment and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:30 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING NOVEMBER 10, 2003 PAGE 3 BIRD WATCHING AND THE KENAI RIVER ESTUARY- A PROPOSAL FOR ECONOMIC GAIN AND WETLAND CONSERVATION Kenneth E. Tarbox P.O. Box 3507 Soldotna, Alaska 907-262-7767 tarbox~ptialaska, net Introduction Today, the bird watching industry in the United States involves over 70 million people who spend over 30 billion dollars annually for this recreational activity. It is the fastest growing recreational activity in the United States, surpassing both fishing and hunting combined. Within the United States 28 states have formally constructed bird observation towers or trails to accommodate bird watchers. More states are developing trail systems every year. However, within the State of Alaska trail development and localized birding hotspots are in the infant stage of development. The loss of economic gain is significant in this context. This proposal is intended to assist the City of Kenai in realizing some of the revenues available from this activity by constructing up to three bird viewing platforms adjacent to the Kenai River estuary. Specific examples from other state& In Florida, using mostly federal dollars, a road/trail system of 2000 miles was developed in just a few years. In the first years of operation it was estimated that 477 million dollars in retail sales'accrued annually. In addition, 13000 new jobs were created In Texas over seven hundred miles of the Texas coastline is covered in a birding trail/road system project. The State of Texas estimates that over 1 billion dollars annually are brought into the State because of bird watching activities. Each year the State sells 500,000 maps which outline the towns and areas participating in the road/trail system. Over 310 sites have been developed for bird watching. A small Texas community (population less than 5000) makes two and a half million dollars annually from visitors wanting to see a rare bird living in the area. In national parks and other eco-tourism areas benefits have reached eighty million dollars annually with little expenditure of funds. The Georgia Colonial Coast Birding Trail incorporates a 19th century lighthouse, a museum, and historical sites into their birding trail. Vermont ties their birding trail in with their other great tourist attractions such as viewing of the autumn colors, skiing, and summers spent on their lakes. Finally, areas that are valuable ecosystems can be made economically useful without significantly impacting the delicate habitats within them. Why the Kenai River estua~. ? Alaska is considered to be one of the best birding spots in the nation. Nearly 500 species of birds are available for viewing in Alaska. One out of every four tourists who come to Alaska is interested in bird watching. Recently Alaska Airlines sponsored an Alaska Department offish and Game project called Wings over Alaska. This program rewards visitors who keep track of birds they see in Alaska. On the Kenai Peninsula, the towns of Homer and Seward are realizing the benefits of bird watching. The Homer Shorebird Festival and Seward's access to the marine waters of the Kenai Fjords Park provide real economic benefit to these communities. In contrast, the Kenai Peninsula Borough and the City of Kenai have not taken advantage of the opportunities offered by easy access to the Kenai River estuary. This area is truly a wildlife viewing jewel. Over 112 species of birds use the estuarine area and some are available year round for viewing. The first arrivals of the spring's migration are snow geese~ quickly followed by thousands of shorebirds and waterfowl. It is not uncommon to see pintail ducks, Canada geese, and sand hill cranes, by the thousands. In addition, many birds including shorebirds, such as Hudsonian godwits, and Arctic terns are known to breed in the area. Bald eagles can be observed feeding on salmon, smelt, and other birds during the spring and summer months. Thousands of gulls feed and nest in the area. In addition to birds, the Kenai River estuary offers other abundant wildlife for viewing. The potential to see seals and beluga whales feeding on migrating adult salmon or smelt is always available. Caribou and moose periodically visit the Kenai River estuary. Coyote and Links are seen occasionally. Proposed viewing sites. It is proposed that three viewing platforms be constructed along the City of Kenai Public Boat access road (Figure 1). These locations minimize costs and environmental impacts while providing good viewing opportunities. Adequate parking is available, gravel pads have been constructed already for one platform, sanitation facilities are on site, already denuded areas are available for construction of the second platform, and access via road is already in place. The boardwalk will be elevated and use blinds and screening to minimize impacts on migrating birds and wetlands. Examples of viewing platforms are presented in Figure 2 and 3. All platforms will be designed for handicap access and the boardwalk to Platform C will be elevated and light penetrating to allow vegetation of grow under the boardwalk. Specific locations for viewing were designed to provide unique perspectives on different habitat types. Viewing platform A (Figure 1) has been placed near the fiver so that both the Kenai River and adjacent marsh can be observed. Located on an already constructed gravel pad the area of viewing from this location is extensive. Marine mammals such as beluga whales and seals are easily observed feeding within the river. In addition, a raised viewing platform will allow the observation of over 6000 nesting seagulls on the opposite bank of the river. During early spring, feeding on seagulls by bald eagles can also be observed from this location as well as watching up to 50 bald eagles feed on adult salmon and smelt entering the river to spawn. Downstream of this location the commercial fish processing industry is easily watched as commercial boats offioad fish and work on their boats. Platform B (Figure 1) allows viewing ADF&G owned wetlands that provides nUmerous shorebirds and waterfowl species resting and feeding areas. Parasitic jaegers are seen crossing the Kenai River marshlands from this locatiion. Platform C (Figure 1) provides a short excursion through a black spruce forest to view owls, moose, and other woodland animals. In addition, Platform C is located adjacent to a small freshwater pond that is unique to the Kenai River estuary. Coho salmon rear in this pond and it is not unusual to see Arctic terns nesting and feeding in this area. Cost Estimat~ The total cost of this project will be between 100,000-200,000 dollars depending on the selection of viewing sites. It is proposed that a phased approach be initiated with Platforms A and B being build first at a total cost of 75,000-100,000 dollars. Evaluation of the success of this phase of the project will be done before proceeding with construction of Platform C and the associated boardwalk. Funding for the project is expected to come through grants from private donors. For example, application to the Compton Foundation or the Barbara Delano Foundation may be made. All funding options will be explored if the City of Kenai approves the conceptual design. Annual costs for maintaining the platforms are difficult to estimate but it is assumed that these will be borne by the City of Kenai. Qualifications and Concerns. The purpose of this project is twofold' to utilize the wetland areas of the Kenai River estuary for a positive economic benefit to the City of Kenai and the Kenai Peninsula Borough and to provide continued protection to a portion of the valuable wetlands of the Kenai River estuary. Presently, it is unlikely that the area proposed for bird watching will be available for development since the freshwater ponds are a unique habitat within the area. Coho salmon, rearing in the ponds, are afforded protection under State laws while wetlands have federal statues governing their use. It is not the intent of this project to permanently deny future alternative uses of these areas. However, it is likely that funding agencies will want some type of commitment for protection for a defined period of time. Other potential conflicts for this area include competing user groups. Duck hunting occurs in the fall and personal use fisheries take place during July. These activities do not presented a problem at this time. Parking is adequate, even in the height of the July personal use fishery, and bird watchers will be interested in this activity. Duck hunters usually hunt a significant distance from proposed platforms A and B. However, if Platform C is built some conflict may result. For a small initial investment the City of Kenai has the opportunity to increase tourist activities through the year, but especially in the spring and fall months as birds migrate through the area. The viewing platforms are designed to attract a component of the tourist industry that is the fastest growing segment of the outdoor recreational industry in America. The Kenai River estuary is a wildlife viewing jewel which can provide long term economic gain by tourist with little risk to the environment. Ali platforms are nfo tier hi~ for easier x4ewing Platforms B and C are built with scr eeamg to mmimiz e xiewing imp acts. Boardwalk layout for the Kenai River estuarine/wildlife/birding trail Figure 1. Figures 2 and 3. Creamer Field, Alaska bird viewing platforms. Platforms built for the Kenai River project will have handicapped access and be partially screened. Pajama Story Time will be November 18th from 6-7 p.m. Pajama Story Time is a family story time with crafts, stories, and activities for children aged 3 and older. Don't forget to wear your pajamas. Enter to win a copy of the novel A Love Noire by Erica Simone Turnipseed. "A story of an unlikely couple that struggles to discover whether their passion will keep them together, or if their differences will tear them apart." Kenai Community Library The Library will be closed November 11th for Veterans Day. The Library will re-open on November 12th at 10 am. The Library will close at 5 p.m. November 26th and be closed November 27th, 28th and 29th for the Thanksgiving Holiday. A Beginning Internet Class will be held on November 10th form 6:30 to 8:00 p.m. in the Library Conference Room. The class will cover basic I nternet skills and searching tech- niques. For more information or to register by telephone call 283-4378. The Totem Tracers Genealogy So- ciety will meet Tuesday, November 18th at 6:30 p.m. in the Library Con- ference Room. Gladys Nichols will present information on Dating old photographs. Resource Saturday will be held November 8th at 1 p.m. in the Library Conference Room. - The Library would like to the thank the Rotary Club of Kenai for the gener- ous donation of an annual USA Today Newspaper subscription. The Book Club will meet November 25th at 7 p.m. to discuss A Thousand Acres by Jane Smiley. Congratulations to Marita Parks The Library Raffle grand prize winner The Library staff would also like to thank those dedicated Friends of Li- brary members who donated their time and effort to organize this year's library raffle. The Writer's Group will meet on No- vember 6 and 20 at 6:30 p.m. in the Library Conference Room. New on the Library Shelf Enjoy three new videos from the Exxon Mobil Masterpiece Theater's American Collection A Death in the Family based on the novel by James Agee explores the effect an untimely death effect has on a family. The Song of the Lark based on the novel by Willa Cather, is a tale of an artist's self- discovery. The American based on the novel by Henry James, about a wealthy American businessman who attempts to marry a French aristocrat and is thwarted at every turn by her stifling and protective mother. Websites for those who love art and history. Http:llwww. metmuseum.org-View images of the El Greco exhibition currently held at the Metropolitan Museum of Art in New York. El Greco (1571-1614) was one of the most interesting and distinctive artists of the .sixteenth century. Http:llrussia.nypl.org-The New York Public Library exhibit, Russia Engages the World, 1453-1825 traces Russia's movement from relative isolation to global empire through its contact with Europe, Asia and the Americas. Http:ilwww. nga.gov-National Gallery of Art has several online tours that guide you through several styles of art. Click on the NGA Kids link for a fun interactive guide specifically for children. November 2003 / Sun Mon Tue Wed Thu Fri Sat 16 23 3O 10 6:30-8:00 Intemet Class 17 5:45 p.m. Friends' Meeting 24 Happy Thanksgiving from the Library staff 18 6-7 p.m. PJ Story Time 6:30 p.m. Totem Tracers 7 p.m. Book Club 25 Kenai Community Library 163 Main Street Loop Kenai, Alaska 99611 Phone: 907-283-4378 Fax: 907-283-2266 Email: library@ci.kenai.ak, us 11:00 a.m. TODDLER STORYTIME 7 p.m. City Council 12 11:00 a.m. TODDLER STORYTIME 19 11:00 a.m. TODDLER STORYTIME 7 p.m. City Council 26 11:00 a.m. TODDLER STORYTIME 6 10:30 a.m. PRE-SCHOOL STORYTIME 6:30-8 p.m. Wdters' Group 13 '10:30 a.m. PRE-SCHOOL STORYTIME 20 10:30 a.m. PRE-SCHOOL STORYTIME 6:30-8 p.m. Wdters' Group 14 21 15 22 I p.m. Totem Tracers Resource Saturday Book Drawing Library Hours Monday-Thursday 10 a.m.-8 p.m. Friday-Saturday 10 a.m.- 5 p.m. KENAI PARKS/k RECREATION COMMISSION NOVEMBER 6, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' ITEM 2' ITEM 3: ITEM 4: ao b. ITEM 5: ITEM 6- a, b, ITEM 7: ITEM 8: ITEM 9: ITEM 10: ITEM 11' CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY-- September 4, 2003 PERSONS SCHEDULED TO BE HEARD Kay Shearer/Mike Navarre -- Request and Sign Naming Softball Complex in Honor of Steve Shearer. Mayor John Williams -- Parks & Recreation Commission OLD BUSINESS Discussion -- Cemetery Regulation Amendments NEW BUSINESS Discussion/Recommendation -- Foreclosed Properties Review/Proposed 2004 Foreclosure Sale. Discussion -- Community Gardens (Cooperative Extension Plots) REPORTS Commission Chair Director City Council Liaison COMMISSION OUESTIONS 8s COMM_ENTS PERSONS PRESENT NOT SCHEDULED TO B~. H~.A~r~ INFORMATION Council Action Agendas of October 1 and 15, 2003. Adopt-A-Park Program Adopt-A-Bench Program ADJOURNMENT KENAI PARKS & RECREATION COMMISSION NOVEMBER 6, 2003 CITY HALL COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Sandahl called the meeting to order at approximately 7'00 p.m. The roll was confirmed as follows: Commissioners present: Commissioners absent: Others present: Hultberg, Gifford, Sandahl, Baxter and Werner-Quade Steiner, Castimore Council Member Porter, Parks & Recreation Director Frates ITEM 2: AGENDA APPROVAL There were no changes or additions to the agenda and it was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY-- September 4, 2003 There were no additions or corrections to the meeting summary and it was approved as presented. ITEM 4: PERSONS SCHEDULED TO _R_R HRA~r~ Kay Shearer/Mike Navarre -- Request and Sign Naming Softball Complex in Honor of Steve Shearer. Shearer requested approval for placement of a memorial sign and small flower bed in honor of her late husband, Steve Shearer. The flower bed would be cared for by the Steve Shearer Memorial Committee. Tim Navarre spoke in favor of the placement of the sign and flower bed. Commissioner Baxter spoke in favor of the placement and added, he though there would be more room for honoring individuals on the other fields. MOTION: Commissioner Baxter MOVED for the Commission to grant its approval to the project and send it on to the council with their recommendations and the details to be worked out as far as where and what w/th administration. Commissioner Hultberg SECONDED the motion. There were no objections. SO ORDERED. q-.b, Mayor John Williams -- Parks & Recreation Commission Mayor Williams requested the resignation of Commissioner Hultberg which, he explained, had concurrence from the city council. Williams further explained his action and justification on behalf of the council and mayor. Hultberg explained his position as a volunteer and stated he felt strongly abou:t his beliefs and stood behind his actions. Hultberg stated he would not resign from the Commission. ITEM 5: OLD BUSINESS Discussion -- Cemetery Regulation Amendments Parks & Recreation Director Frates updated the Commission with the amendments made to the Cemetery Regulations and approved by council. He noted, the placement of markers/headstones in a concrete base would be optional. Frates explained, the amendments would take effect on November 15. Frates also gave a brief update relating to the surveying project taking place to make additional plots available for sale at the cemetery. Frates was asked if Frank Getty had been informed of the amendments made and he answered yes. ITEM NEW BUSINESS Discussion/Recommendation -- Foreclosed Properties Review/Proposed 2004 Foreclosure Sale. Frates gave an overview of the foreclosed properties and suggested the beach properties be retained. He also informed the Commission of another parcel worthy of discussion .located on Map B, but noted another designated park area was within .75 miles from the property. Kristine Schmidt-- Requested the Commission to take their time with the issue and reminded them children need places to play and holding onto the property would give some possibility for future parks. Schmidt also noted there was property in her neighborhood she was interested in developing into a park. MOTION: Commissioner Baxter MOVED to table the issue until the Commission's next meeting and Commissioner Hultberg SECONDED the motion. There were no objections. ORDERED. Discussion -- Community Gardens (Cooperative Extension Plots) Frates reported the University of Alaska Cooperative Extension Service would not be renewing their lease for the community garden/test site as a result of funding cuts. He PARKS & RECREATION COMMISSION MEETING NOVEMBER 6, 2003 PAGE 2 noted, local gardeners expressed their concern to council and requested the area continue to be made available for gardening. Council requested administration to work with the gardeners and develop a plan for use of the area. Frates estimated approximately six hours a week would be needed for maintenance during the summer months and noted there were offers from the gardeners to assist in the upkeep. Frates requested comments and/or suggestions from the Commission and stated he would keep them informed of the progress. ITEM 7: REPORTS Commission Chair-- No report. 7-b. Director '-- Frates, referring to information included in the packet, described the components of the Adopt-a-Park and Beautification Volunteer programs. He also updated the Commission relating to student government projects, ice bookings, dasher board advertising, the ARPA Conference, winter decorations and trails. 7-c. City Council Liaison -- Council Member Porter reported the council had amended the code relating to the allowed number of missed meetings by commission members; noted the council had approved the management agreement between the City and the Boys & Girls Club for operation of the Kenai Recreation Center; and thanked Frates for working with KCHS and Borough School District representatives relating to trail development in the city. ITEM 8: COMMISSION QUESTIONS & COMMENTS Commissioner Baxter -- Suggested training on protocol and responsibilities would be appropriate for commissioners. Baxter also stated he hoped the commission members could put the recreation center issue behind and move forward. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO B~. HEARD Kristine Schmidt-- Stated she reviewed the Kenai City Code relating to commission responsibilities and felt the commission should feel all fight about the work they have done. She added, she hoped people in the community would feel free to speak their minds whether they are on commissions or not and those who would try to stop people and silence them by taking punitive actions against them would find themselves, in her opinion, negatively impacted by their conduct. Cliff Massie -- Massie commented he did not think it fight to have one individual exercise power and intimidate people and a democratic process should be followed. Massie continued, he was dissatisfied with council and mayor and the process and decisions made. PARKS & RECREATION COMMISSION MEETING NOVEMBER 6, 2003 PAGE 3 ITEM 10: INFORMATION 10=a. 10-b. 10-c. Council Action Agendas of October 1 and 15, 2003. Adopt-A-Park Program Adopt-A-Bench Program ITEM 11: ADJOURNMENT MOTION: Commissioner Gifford MOVED for adjournment and Commissioner Quade SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:15 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk PARKS & RECREATION COMMISSION MEETING NOVEMBER 6, 2003 PAGE 4 le e CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS November 12, 2003 - 7:00 p.m. *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of' these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. *APPROVAL OF MINUTES: a. *October 22, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: So ® ao be PUBLIC HEARINGS: PZ03-45~An application for a Variance Permit for a variance from KMC 14.20.190- Principal Structures for the property known as Lot 29, Block 1, Angler Acres Subdivision, Part 2, (1535 Angler Drive), Kenai, Alaska. Application submitted by Ross Harding dba Riddles Fishing Lodge, 1535 Angler Drive, Kenai, Alaska. PZ03-46---An application for a Conditional Use Permit for a daycare for the property known as Lot 10, Block J, Woodland Subdivision Part 1 (606 Laurel Drive), Kenai, Alaska. Application submitted by Robert and Rachel Pugh dba Kenai Montessori School, 606 Laurel Drive, Kenai, Alaska. OLD BUSINESS: a. Amendment to Kenai Zoning Map - Thompson Park Subdivision- Fireweed Lane area- Discussion 7. NEW BUSINESS: a. *PZ03-48~An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 5, Three W's Subdivision, 545 Shane Court, Kenai, Alaska. Application submitted by Raquel Pisa, 545 Shane Court, Kenai, Alaska. b. Draft Ordinance - Adult-Oriented Businesses - Discussion c. Proposed Foreclosure Sale 2004- 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 (10/10/03 & 10/25/03) b. KPB Plat Committee Action of October 13, 2003 c. PZ03-47 - Landscape Site Plan- 155 Bidarka Street (Lot 5, Block 4, Fidalgo Commercial Center)- William J. Nelson & Associates 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/h ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 12, 2003- 7:00 P.M. CHAIR RON Cd)ECKE, PRESIDING MINUTES ITEM 1. CALL TO ORDER Chairman Goecke called the meeting to order at 7'0.0 p.m. 1-a. Roll Call Members Present: Hammelman, Eldridge, Amen, Glick, Goecke, Bryson, Barrett Others Present: Council Member Bookey, City Planner Kebschull, Department Assistant Carver, Contract Secretary Roper 1-b. Agenda Approval MOTION: Commissioner Eldridge MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. X'Ce Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2' APPROVAL OF MINUTES -- October 22, 2003 Approved by consent agenda ITEM 3' SCHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS-- None ITEM 5' PUBLIC HEARINGS PZ03-45 - An application for a Variance Permit for a variance from KMC 14.20.190- Principal Structures for the property known as Lot 29, Block 1, Angler Acres Subdivision, Part 2, (1535 Angler Drive), Kenai, Alaska. Application submitted by Ross Harding dba Riddles Fishing Lodge, 1535 Anglers Drive, Kenai, Alaska. MOTION' Commissioner Eldridge MOVED to approve PZ03-45 and Commissioner Glick SECONDED the motion. Chairman Goecke opened the public hearing. There were no comments from the public. Commissioner Amen asked why there is the 20,000 sq. ft. requirement for principal structures. Kebschull explained the rule was in place before she arrived but thought it was because the current land use is low density. Commissioner Bryson asked if there were similar situations in the area and Kebschull responded, there is and noted there is a report included in the packet on Anglers Acres Conditional Uses and Variance permits. Commissioner Eldridge asked why the area couldn't be rezoned and Kebschull explained this was discussed previously by the Planning & Zoning Commission and the Commission thought it should be the responsibility of the property owners to request a rezone. Kebschull noted the Commission could request such a rezone. VOTE: Hammelman Yes Eldridge Yes Amen Glick Yes Goecke Yes Barrett Yes No Bryson Yes MOTION PASSED. Goecke advised the public an appeal must be filed with the City Clerk within 15 days. PZ03-46 - An application for a Conditional Use Permit for a daycare for the property known as Lot 10, Block J, Woodland Subdivision Part 1 {606 Laurel Drive) Kenai, Alaska. Application submitted by Robert and Rachel Pugh dba Kenai Montessori School, 606 Laurel Drive, Kenai, Alaska. MOTION: Commissioner Amen MOVED to approve PZ03-46. the motion. Commissioner Bryson SECONDED Chairman Goecke opened the public hearing. PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 4 Robert PuEh, 606 Laurel Drive, Kenai, Alaska -- Pu§h introduced himself as the applicant and asked if there were any questions from the Commission. Eldrid§e asked what level of the residence the daycare was on. Pu§h answered the lower level. Dennis Lovett, 604 Laurel Drive~ Kenai, Alaska -- Lovett reported he lives next door to Pu§h and was there in support of their business. Lovett stated he thou§ht their business improved the value of the properties and noted the daycare operation was a marvelous operation. Robert Lorenzen, 521 Ash, Kenai, Alaska -- Lorenzen pointed out he had nothin§ a§ainst the Pu§h's daycare operation but was concerned precedence was bein§ set in the subdivision by allowin§ too many daycares. Lorenzen noted there were already five daycares in the Woodland Subdivision and he is aware of two more application requests coming up in December. Lorenzen thought it would be more appropriate for the Pugh's to operate their increased business in a commercial zone. Commissioner Barrett asked if there were traffic problems in the area because of Pugh's operation. Lorenzen replied there was not and reiterated his concern was not for the Pugh's business but for too many daycare operations in the area. Public hearing was closed. Commissioner Glick asked how many employees were allowed per daycare. Kebschull responded only one, however, the Pugh's had three part-time instructors who were laid off and she is unaware of their current plans. Kebschull also noted one employee was a dance instructor who was only there one hour per week. Eldridge asked about daycare licensing and Carver reported state licensing requires a daycare to operate for one year before they can increase the number of children to eight. After that time, they must meet certain criteria before they can advance to a group classification. Kebschull added, the Code limits the number of children to eight; more than that would require a Conditional Use Permit if not operated in a commercial zone. Amen asked if there were similar operations in the area and Kebschull replied there was one by the high school. This daycare provides service to families on in-service days at the schools so on those days the number of children increase. Kebschull added, there would be one more application presented at the first December meeting. Kebschull also added, if the daycare operates as a school, then the building and fire code requirements become stricter. VOTE: PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 5 Harnmelman Yes Glick Yes l~arrett Yes Eldrid§e Goecke Yes Yes Amen Yes Bryson No MOTION PASSED. ITEM 6' OLD BUSINESS Discussion -- Amendment to Kenai Zoning Map - Thompson Park Subdivision- Fireweed Lane area. Eldridge requested confirmation no response was received from the property owner on Lot 14 and Kebschull noted that was correct and added, the issue is before the Commission at the request of Commissioner Glick as he became aware of a building permit incorrectly issued for Lot 13 for a residential structure. Kebschull added, a rezone to residential would allow the property owners more control over their property within the guidelines of a residential zone. Bryson stated he was a firm believer that if a property owner wanted to rezone their property, they needed to be upfront and sign in to the rezoning. Bryson said this shades the issue as no property owner petitioned for the rezone and unless there is positive support from those driving this then it should be defeated. Glick stated he understood Lot 14 came in for a variance to build a residential residence on a commercial lot and that Lots 12 and 13 were given permits without realizing they were commercial lots. Glick continued, since all three lots already have residences on them they should be zoned residential. Amen agreed the landowners should be driving the rezone. Bryson stated he thought it was inappropriate for the City to petition a rezone for one' to three lots. Bryson added, it was a bad precedence and again the property owners should initiate the action. After further discussion, a vote was conducted to initiate the amendment to the zoning map. VOTE {by raise of hand} 1 in favor 6 opposed Kebschull will notify the property owners of the Commission's decision to not rezone at this time. PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 6 ITEM 7: NEW BUSINESS *PZ03-48 - An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 5, Three W's Subdivision, 545 Shane Court, Kenai, Alaska. Approved by consent agenda. Discussion -- Draft Ordinance- Adult-Oriented Businesses Kebschull reported Administration is proposing an ordinance to regulate adult- oriented businesses as a proactive step. It was noted there currently is no such business within the City. Discussion ensued and Barrett thought such a business should not be treated any different from others within with City. Kristine Schmidt, 513 Ash, Kenai, Alaska -- Schmidt expressed concern that if the ordinance were not established, such a business could be established in a resident/al zone. It was pointed out the ordinance would restrict the business to CC, CG, IL and IH zones only. Kebschull noted a public hearing is scheduled before the Commission on December 10, 2003. Discussion/Recommendation -- Proposed Foreclosure Sale 2004 Discussion took place on the various parcels and why some should not be sold. noted that Parks & Recreation Commission continued the discussion until their January meeting. It was MOTION: Commissioner Bryson MOVED to recommend that the City retain Deepwood Park Subdivision Tract A, Basin View Subdivision, Tract A and on the waterfront the lots that front on Kenai and Garden Avenues. Commissioner Glick SECONDED the motion. VOTE: Hammelman Yes Glick Yes Barrett Yes Eldrid§e Goecke Yes Yes IAmen Bryson Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS -- None PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 7 ITEM 9: CODE ENFORCEMENT-- None ITEM 10: REPORTS 10-a. City Council -- Councilman Bookey reported the Comprehensive Plan was approved by Council and thanked the Commission for their input. Bookey reported he and Councilman Ross would share P&Z liaison duties. 10-b. Borough Planning-- Commissioner Bryson provided a report based on action taken at October 27 and November 10th Borough Planning Commission meetings. 10-¢. Administration -- Kebschull reminded the Commission the November 26~h meeting had been cancelled. The next scheduled P&Z meeting will be December 10. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (10/10/03 & 10/25/03) 12-b. KPB Plat Committee Action of October 13, 2003 12-¢. PZ03-47- Landscape Site Plan- 155 Bidarka Street (Lot 5, Block 4, Fidalgo Commercial .Center) - William J. Nelson & Associates. ITEM 13: COMMISSION COMMENTS/h OUESTIONS Commissioner Barrett wished everyone a Happy Thanksgiving. Commissioner Amen congratulated the City on the passing of the Comprehensive Plan. Amen stated that each request for a variance should be scruitinized individually and not passed because something similar was approved in the past. Commissioner Eldridge reported he will not be at the December 10, 2003 meeting. ITEM 14: ADJOURNMENT The meeting adjourned at 8:15 p.m. Minutes recorded and transcribed by' Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 8 AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s ITEM A: CALL TO ORDER 1. Pled§e 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 a§enda and considered in its normal sequence on the a§enda 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_LS ITEM D: PUBLIC HEARINGS . Ordinance No. 2009-2003 (Final Public Hearing) -- Approving and Adoptm§ the Comprehensive Plan for the City of Kenai and Recommending Adoption by the Kenai Peninsula Borou§h. , Ordinance No. 2021-2003 -- Increasm§ 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. . 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. -1- . ITEM E: 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. 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 i. *Regular Meeting of October 15, 2003. ITEM G: CORRESPONDENCE ITEM H: , , OLD BUSINESS ITEM I: NEW BUSINESS · , , Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 , *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- o *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. , *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. o *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 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 A~reement/Hertz Corporation. 15. Discussion -- Council Liaison Assignments ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT -3- KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 5, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u s JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'02 p.m. in the Council Chambers in the Kenai City Hall Building. A-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' James C. Bookey, III Linda Swamer Joe Moore John J. Williams, Mayor Pat Porter Blaine Gilman Rick Ross A-3o AGENDA APPROVAL MOTION: Council Member Bookey MOVED for approval of the agenda as presented and Council Member Porter SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA MOTION TO AMEND' Council Member Porter MOVED to postpone the introduction of Ordinance No. 2028- 2003 until November 19, 2003 and schedule the public hearing on the ordinance for the December 3, 2003 council meeting. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. MOTION: Council Member Bookey MOVED to approve the consent agenda as amended and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B' SCHEDULED PUBLIC COMMENTS KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 2 B-Xo Proclamation-- KCHS Football Team Mayor Williams read a proclamation in honor of the KCHS Football Team winning the 2003 Alaska State Small Schools Championship for the second consecutive time. Members of the football team and their coaches were present to accept the proclamation. ITEM C: -- None. REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNClI~ ITEM D: PUBLIC HEARINGS D-Xo 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. MOTION: Council Member Bookey MOVED for adoption of Ordinance No. 2009-2003 and C°uncil Member Moore SECONDED the motion. Mayor Williams opened the public hearing. Rose Tepp, Kenaitze Indian Tribe -- Referring to information included in the packet, Tepp stated the Tribe's interests in involvement and/or collaboration with the city as: · Development of Millennium Square · Senior housing and related facilities (elder housing, assisted living, transportation) · Establish private volunteer programs · Transportation amenities (bikeways, trail, pedestrian paths) · Education · Partnership opportunities in development of a consolidated Tribal administration facility. Rita Smagge, KIT Executive Director -- In reviewing the Comprehensive Plan they noted: · Development of Old Town was discussed. In doing a needs assessment of the Tribe programs, etc., it was felt the development of a consolidated administration facility was a priority and number one area where it was felt the placement of the facility would be best was Old Town. They believe the city should consider more development in Old Town. KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 3 The need for low-income housing. They have built housing, done renovation work, weatherization, etc. through funding they are eligible to acquire. They would like the need for low-income housing included in the Plan. Smagge also noted, they may come to council for a resolution of support for low- income housing funding through their organization. Council Member Gilman noted a list of items administration prepared from comments, etc., including those of KIT, to incorporate into the Plan. He noted, the Tribe's comments regarding the development of Old Town may be better placed in the city's economic development plan. MOTION TO AMEND: Council Member Gilman MOVED to insert those portions that Administration prepared suggesting comments of the Kenaitze Indian Tribe into the Plan and Council Member Porter SECONDED the motion. Gilman clarified he was speaking to items one through five of the document entitled "Kenaitze Indian Tribe Comments/Suggested Possible Inclusion Sites." Swarner noted, those items did not include the need for low income housing. Williams agreed there is a definite need for low-income housing in the city, but noted funding for this purpose was not being made available by Congress. He suggested wording could be included to state the city should encourage Congress to give more support to housing programs all over the state. City Planner Kebschull referred to Page 55 of the Plan and indicated wording included "monitor types of residential development and rate of growth, support federal and state programs for affordable housing; provides for adequate affordable housing; ensures an adequate supply of land is available for furore residential uses." Moore referred Item No. 4 of the KIT list of suggested amendments and suggested council make a choice of language, i.e. add "...and Kenaitze Indian Tribe or native groups." Williams suggested using "or native groups" due to other groups in the area other than the Tribe. Gilman suggested adding a comma after facilities to read, "..., Kenaitze Indian Tribe and other native groups." Tepp stated it would be important to include the tribal entities, i.e. Kenaitze Indian Tribe and Salamatof Tribal Council. Gilman requested the following wording be included with his previous motion, ""...Facilities, Kenaitze Indian Tribe and Salamatof Tribal Council." Porter had no objections to the inclusion. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 4 There were no objections. SO ORDERED. Kebschull referred to Item 4 of the Corrections/Additions relating to the inclusion of an additional possible use for Millennium Square, i.e. interpretive site for historic Shkituk't village site. She noted, the purpose referred to "...the interest of the Salamatof Native Association as a potential private partner in eventual development of Millennium Square." Kebschull stated, in light of the previous discussion, this information may need to be corrected. Williams suggested the change could be made as housekeeping, inserting "Kenaitze Indian Tribe and Salamatof Tribal Council" and removing "Salamatof Native Association." MOTION TO AMEND: Council Member Porter MOVED to accept the housekeeping issues listed (rifled City of Kenai Comprehensive Plan, Corrections/Additions) number one through eight as amended. Council Member Ross SECONDED the motion. There was discussion relating to the addition of the language and omitting other native organizations. Smagge explained she felt the Tribe should be specifically named because of its connection to all the native groups in the city and the historical reference to the village site. Bookey stated his concern with the "as a potential private parmer in eventual development of Millennium Square" as financial/monetary issue as it is written. Ross stated he had the same reservations as Bookey and stated he would have no problem if "as a potential private partner" would be deleted. He added, the wording would still recognize both groups for their interest in the eventual development of Millennium but not setting them out as the only potential private partners. The deletion would ' continue to recognize their historical interest. Smagge stated she had no objection to the deletion. MOTION TO AMEND: Council Member Swarner MOVED to delete "as a potential private partner" and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. There were no further public or council comments. VOTE ON MAIN AMENDED MOTION: VOTE: [ Bookey lYes [ Swarner iYes [Moore ]Yes KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 5 Porter Williams Yes Yes Gilman MOTION PASSED UNANIMOUSLY. Yes Ross Yes D-2o Ordinance No. 2021-2003 -- Increasing Estimated Revenues and Appropriations by $7,800 in the General Fund for Library Grants. MOTION: Council Member Moore MOVED for the adoption of Ordinance no. 2021-2003 and Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: Booke¥ Porter Williams Yes Yes Swarner lYes Moore Yes Gilman . Yes Ross Yes Yes MOTION PASSED UNANIMOUSLY. D-3o Ordinance No. 2022-2003 -- Adding KMC 7.15.055 to Allow for the Solicitation and Award of Construction Contracts by Competitive Sealed Proposal. MOTION: Council Member Porter MOVED for approval of Ordinance No. 2022-2003 and Council Member Moore SECONDED the motion. There were no public comments. Council Member Ross noted he felt the mechanism should be available to administration and referred to Public Works Manager La Shot's memorandum included in the packet. Ross noted, the memorandum stated a proposed design/build project would require the council's pre-approval though it was not mentioned in the ordinance. Ross suggested the wording be changed in paragraph (c) to state the city council would pre-approve a project. He also noted, at paragraph (i), the second sentence refers to assembly instead of council and he felt that should be corrected to state city council. MOTION TO AMEND: KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 6 Council Member Ross MOVED to amend the ordinance at paragraph (c), changing the wording to state "When the City Council determines..." instead of "When the City determines..." Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. Discussion continued relating to the wording of item (g) of the ordinance, "...purpose of clarification..." and "reasonably susceptible of being selected..." Attorney Graves and City Manager Snow explained, the wording will allow the city to ask for clarification of responders' proposals, offering opportunities for the city to ask questions about the materials, equipment, methodology, etc. discussed in proposals. It was also explained, the wording, "reasonably susceptible..." means a specific proposal would have a good chance of being selected for the job. Swarner stated she had reservations when the ordinance was proposed and would like a review of the ordinance, i.e. how it worked, problems, etc. to be made and brought back to council in a year. Bookey agreed and added, he hoped the design/build -~ordinance be used minimally. Further discussion noted the security camera project could be conducted by design/build. The question has been discussed with FAA and they believe it would comply with their regulations. VOTE ON MOTION AS AMENDED' Bookey Porter Yes Yes Moore Yes Yes Gilman No Ross Yes Williams Yes MOTION PASSED. BREAK TAKEN: 8:15 P.M. BACK TO ORDER: 8:26 P.M. D-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. MOTION: Council Member Porter MOVED for approval of Ordinance no. 2023-2003 and Council Member Moore SECONDED the motion. There were no public comments. City Manager Snow explained the training relates to the historic district ordinance. She noted, the training had already taken place and KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 7 council authorized it through a resolution passed at their last meeting. The ordinance is appropriating the grant funds received for the training. VOTE: Bookey Porter Williams Yes Swarner Yes Gilman Yes tYes Yes Moore Ross Yes Yes MOTION PASSED UNANIMOUSLY. D-a. 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. MOTION: Council Member Bookey MOVED for approval of Resolution No. 2003-52 and Council Member Swamer SECONDED the motion and requested UN.~IIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. $O ORDERED. D-6. Resolution No. 2003-53 -- Awarding a Two Year Contract for the Operation and Management of the Keno_/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. MOTION: Council Member Porter MOVED for approval of Resolution No. 2003-53 and Council Member Bookey SECONDED the motion. Williams declared the public hearing open. Cliff Massie, Kenaitze Court, Kenai -- Massie introduced himself as speaking for the Friends of the Rec. Center and wanted to state their reasons they believed council should vote no on the agreement. He noted: · There was inadequate public notice/not enough time. · The Request for Qualifications {RFQ) was not objective and not fair. KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 8 · The proposal brought to council for approval was not the best proposal and not the best operator for the facility. · It's not a good c°ntract, it's not well-written, and there are lots of loopholes in it. · It is bad public policy, there were too many petition signers who would rather have the issue go to the public for a vote. Kristine $chmidt, 513 Ash Avenue, Kenai -- Noted the following: · She agreed with Massie's comments there was inadequate notice, the agenda was not published until Monday and the contract was not made available for public review until Monday and that was only by request (having to come to city hall to pick it up) and this was not enough time for the public's adequate review and comments. · The RFQ process was not objective or fair; in her experience, she'd never heard of an RFQ, but was aware of a pre-qualification process followed by an RFP. · The RFQ pretended to be about qualifications but it already had a hidden · agenda and the criteria were not provided to the invitees. No one knew about the points available; it appeared to be written to favor the proposed contractor and is why she and others feel the contract is a sham. · The reviewers were not objective. At least two of the known reviewers lobbied in support of the original contract and were already biased in favor of the proposal. · Referring to City Manager Snow's memorandum (included in the packet), Schmidt noted the stated criteria for why the Boys & Girls Club got the most points, was not included in the RFQ. · The issue was rushed through before the Parks & Recreation Commission could review and comment and she felt that was done on purpose. · If it had been a fair process, the Club would not have received the highest ranking. Both of the other proposals were submitted by people more qualified to run a full-service recreation facility than the Club and both are doing that currently and have more years of experience in managing such facilities. · If the proposals would have been rated fairly, both would have received more points under the qualifications category. · She questioned the full $125,000 contract amount when there are seven months left in the fiscal year. If that is the case, the actual proposal is $215,000 a year. · She questioned why the Club's board meetings are not open to the public. · Four years is too long and there is no tern in the contract to stop the Club from requiring people to become members. The former contract required anyone using facility had to join the Club before they could use the facility and she felt this was wrong and probably illegal. She noted, she was told she had to complete the membership application prior to renting her locker at the Center and she felt users KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 9 should not be forced to become members of the Club to use taxpayer-supported facility. · The Club should reimburse the taxpayers for the cost of the sign on the facility. · Referring to the mandatory services of the contract, she noted many of those items are space rentals and not services, i.e. Teen Center, racquetball and wallyball courts, weight room, to be rented by home school gym and practice time. Other programs are dead or gone from the facility. She questioned why the Club would receive more points when what they are doing are exactly what ~he other proposers said they would do. · Section 32, L(2) proposes to split the revenue 50/50, but it is broadly worded and she felt it was a subsidy. · Referring to the last contract with the Club, she remembered the Club telling council and the public they would make no changes to the programs and almost immediately they moved the senior exercise program to the racquetball court. · She feels the Club is coming into the community and trying to monopolize and control all the recreational programs and facilities. Council Member Swarner asked when the agenda and contract placed on the website. Clerk Freas answered, stating the agenda was placed on the website on Friday afternoon. She did not place the contract on the website. Swarner asked if the city paid for the sign on the building. Snow answered, the Club paid for their sign and the city paid for the city's sign. Council Member Porter stated the reason the seniors were moved out of the gym at that time was because of pre-scheduling done by the City of Kenai for the basketball clinic and had nothing to do with the Club and the seniors were moved to the wallyball court for that day only. She added, she had been at the Center that day and asked the seniors how things were going and they gave her a "thumbs up." Porter continued, she was not questioning Schmidt's concern about a frisby hitting her mother at the gym, but the senior center had no knowledge of it happening and if it had been a real issue, they would have been informed. AdditiOnally, the $125,000 yearly fee would be paid on a month-to-month basis. Williams noted the city council and administration will have oversight of the contract and noted, there is an option to renew after the f'n'st two years of the contract. Council will probably be who will decide whether the contract is renewed or not. Williams requested the Parks & Recreation Commission monitor the program from time to time and on a six-month basis. Williams stated he felt it would be a good contract and acknowledged the city had been divided over the issue and believed the election process took care of the division in the city and the interest of the general public as the citizens studied the issue and the council and administration were vindicated in the process they followed, which was shown by the outcome of the election. KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 10 Bob Molloy, 110 South Willow, Suite 101, Kenai -- Molloy stated he opposed the contract and noted his two main concerns he believed needed to be investigated: When the Club was operating the facility in July, there was a membership form everyone had to sign if they wanted to use the facility. He noted, that was not in the contract and not in the current contract. He felt this issue needed to be clarified as he did not believe users needed to be giving their personal information and have to sign up in order to use the facility. · Public participation and input in the operations is only addressed through one meeting in January and because there is a private operator, the Commission no longer has anything to do with the facility. The January meeting w/Il only allow public input once a year unless the Club will have open board meetings where public input will be allowed. This is not discussed in the contract. He believed it would be good to have more than one time a year when the public may have input. Williams stated comments can always be made to the Commission. He noted, the city is demanding heavy insurance coverage by the Club to protect the city. Because the Club has to have the insurance, their insurance carrier requires there be a monitoring of the users of the facility and that will be done by the membership form. There will be no charge in completing the form in the same way in the order that is done at the Library. Pete Micciche, President, Boys/h Girls Club Board of Directors -- Micciche stated' · He is a resident of Soldotna. · It's obvious the people of Kenai take the Recreation Center very seriously as they do the operation of the Center no matter the age as they are all stakeholders in the services of the Center. · Thanked the administration, council and people of Kenai for the confidence and working through the process. The Club wants to reach out to the people of Kenai that have concerns, ideas and feedback; the Club wants the process to work and encouraged the public's participation in the effort. · They want to meet with the Parks & Recreation Commission and Friends of the Recreation Center to learn their concerns and make the program work for everyone. · He hoped the resolution would pass and the council will give them an honest chance to run an excellent program for the community. Further discussion from council included: · Swarner questioned who would be responsible for someone failing on the sidewalk, etc. Graves answered, the contract provides the city is an additional insured on the Club's liability policy. In practicality, there would probably be claims against the city as owner of the property and the Club as the operator. He added, they felt the KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 11 best protection from the Club for the city would be for them to provide a liability policy with the city as additional insured. · Swarner noted page 4, relating to maintenance and the contractor making repairs due to damage or leakage. She asked if the city would be approving of the repairs, etc. to insure the repairs will be done to the city's standards. Snow answered, that would be handled by administration through the building department as other issues of that kind in other buildings owned by the city. She added, the city will supervise the repairs. · It was noted the fee schedule was not included in the packet. Snow noted that was an oversight, however it was the same schedule as was included in the original contract. · Gilman asked how much the city would save in outsourcing the management of the facility. Finance Director Semmens answered, he determined the savings by calculating what it would cost for the city to hire staff to provide the exact same hours the Club contract provides. He added, the hours the city used to operate the facility are similar to what the Club was proposing, except the Sunday closure and about eight hours of staff time on Saturdays. That is how the contract differs from what the city used to do. If the city would match the Club's budget from what it was originally proposed in March/April, the difference would have been $28,200. He added, that would mean the city's budget would be $487,772 as opposed to the $334,587 budget now budgeted. The difference is $74,000, assuming revenues come in at the budgeted amount of $79,200. Semmens added, though there are a lot of assumptions, his calculation was $74,000. Gilman stated he believed because of the budget concerns, there were other areas in the city which will need to be outsourced to private facilities and he hoped each time this is proposed, the process would not be so contentious. He noted, Ms. Kester, who also submitted a RFQ, was not present nor had made any written complaint the process was unfair. He stated he would support the resolution/contract because of the cost savings. MoOre noted, the contract is subject to future appropriations by council and any council could, by way of appropriation or lack of appropriation, terminate the contract and due to that, the management of the Recreation Center would be reviewed every year. He added, he will support the resolution and encouraged the council to support it as well. Porter asked if the contract is approved and the Club is the successor, when did they plan on opening the facility. Snow stated the facility must be open no later than December 1, but most likely, the contract would be signed November 6 and the Club would then be able to begin moving into the facility. VOTE: KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 12 Bookey Yes Swarner Yes Moore Yes Porter Yes Gilman Yes _ Ross Yes Williams Yes MOTION PASSED UNANIMOUSLY. Williams noted, he believed there would be major changes in the way governments do business over the next six years and believed the city would be considering more outsourcing. He added, this next year will also be a contentious budget year. BREAK TAKEN: 9:06 P.M. BACK TO ORDER: 9' 17 P.M. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging-- Swarner reported a meeting would be held at 10:00 a.m., November 6. She also noted, tickets were available for the Senior Connection's dinner and mystery theatre event to be held on November 14 and 15. E'2' Airport Commission -- Moore reported the meeting summary was included in the packet and reminded council of the joint work session with the Commission on Thursday, November 13. E-3. Harbor Commission -- Bookey reported the next meeting was scheduled for Monday, November 10. E-4. Library Commission -- Moore reported the next meeting would be held December 2. Williams referred to the opening on the Commission formerly held by a student at KCHS. He noted, it had been suggested to him students on commissions and committees should be ex-officio and not voting members, and that council should revisit the meeting schedules and return to the monthly meetings instead of bi- monthly schedule. Williams referred to an application received from Kelsey Dunn for placement on the Commission. He recommended Dunn be appointed and council had no objections. E-5. Parks & Recreation Commission -- Porter stated a meeting would be held November 6 and Williams reported he would be attending the meeting as well. E-6. Planning/h Zoning Commission -- Ross reported the unapproved minutes of the October 22 meeting were included in the packet. He noted the Commission approved a conditional use permit for "Kenai Landing," approved two lease applications, and discussed input from representatives of the Kenaitze Indian Tribe relating to the Comprehensive Plan. KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 13 E-7. E-Ta. Miscellaneous Commissions and Committees Beautification Committee -- No report._ E-Tb. Kenai Convention/h Visitors Bureau Board-- Bookey reported the Board accepted the resignation of Ricky Gease and are now searching for a replacement for the executive director's position. E-7c. Alaska Municipal League Report -- Williams reported the AML conference would be held in Nome during the next week, however the City would not be represented; he reported on discussions and comments heard at the l~gislative hearing held in the council chambers relating to the Permanent Fund Dividend in October; and encouraged council and administration to stay aware of legislation which will affect the city. E-7d. Kenai Chamber of Commerce -- Ex. Director Colleen Canady reported the Chamber's annual fundraiser/auction was very successful, the Village of Lights was officially opened with the lighting of the Leif Hansen Memorial Park on November 3; the "Christmas Comes to Kenai" parade and festivities would be held on November 28; the fireworks display will take place at the softball fields; and, entry forms for the parade were available through her office. E-7e. Arctic Winter Games -- Moore reported the next meeting would be held on November 13 at the fire training facility. Williams noted he had been approached by Borough Mayor Ba§ley asking whether there was someone from the city who would attend the Games at Wood Buffalo. Police Chief Kopp reported he would be attending as the co-chair of the security committee. Bookey stated he would be interested in attending as well. ITEM F: MINUTES F-lo Regular Meeting of October 15, 2003 -- Approved by consent a§enda. ITEM G: CORRESPONDENCE-- None. ITEM H: OLD BUSINESS-- None. ,, , ITEM I: NEW BUSINESS I-1o Bills to be Paid, Bills to be Ratified MOTION: KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 14 Council Member Bookey MOVED to pay the bills and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-2o Purchase Orders Exceeding $2,500 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $2,500 and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. I-3o Ordinance No. 2024-2003 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund Visitors Center Department for Advertising. Introduced by consent agenda. 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. Introduced by consent agenda. I-5o Ordinance No. 2026-2003 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Boat Launch Capital Project Fund for a State Grant. Introduced by consent agenda. I-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. Introduced by consent agenda. I-7o 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. Removed from consent agenda and set for introduction on November 19 and public hearing December 3. KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 15 I-8o Ordinance No. 2029-2003 -- Amending the Fine Schedule at KMC 13.10.015. Introduced by consent agenda. I-9o 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. Introduced by consent agenda. 1-10. 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. Introduced by consent agenda. 1-11. Approval-- Lease Application/Division of Forestry, Lot 4, FBO Subdivision No. 7. MOTION: Council Member Porter MOVED for approval of the lease application from the Division of Forestry for Lot 4, FBO Subdivision No. 7 and Council Member Ross S~2ONDED the motion. There were no objections. 80 ORDERED. 1-12. Approval-- Lease Application/20/20 International, Inc. and John C. & Marie L. Parker, Individually, Lots 5 & 6, Block 1, FBO Subdivision. MOTION: Council Member Porter MOVED for approval of the lease application from 10/10 International, Inc. and John C. & Marie L. Parker, Individually, Lots 5 & 6, Block 1, FBO Subdivision. Council Member Bookey SECONDED the motion. Williams reported there was soil placed on one of the lots when the neighboring was being developed. It had been reported to him, Parker's excavator will use some of the soil for bringing the other lot up to grade and what dirt is not used, w/Il be removed. Gilman referred to information included in the packet that stated the use was not consistent with the Airport Master Plan and asked if the city would be limiting the ability to move into cargo operations with this approval. Airport Manager Cronkhite explained, the Airport Commission discussed that concern and felt this would be the KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 16 best place for the hangar development to occur. She added, no one has wanted to build a hangar at the airport for a long time and they didn't want to discourage that type of activity. She added, there is abundant ramp space and lots of property house future cargo operations. VOTE: There were no objections. SO ORDERED. 1-13. Approval-- Termination of Lease/U.S. Fish & Wildlife Service, Lot 2, Block 3, General Aviation Apron. Cronkhite explained she spoke with the lessee regarding their desire to terminate the lease and learned their desire to do so was based on location of their office. She a/so noted, the property has a hangar on it which will be available for lease, along with the property. Cronkhite added, she did not feel this hangar availability would compete with the other lease for development and leasing of hangars which was just approved. It was also noted, Fish & Wildlife paid lease payments based on the appraisal of the property for only the lease of the property. Now, the city will be able to lease the property with the improvements which will be a higher value. It was also noted, the lease agreement has a 90-day notice to quit in it and they have the right to terminate the lease and have the right to remove the hangar or the city could tell them to remove the hangar. They will be leaving the hangar. Council had no objections to the termination of the lease. 1-14. Approval -- Concession Agreement/Hertz Corporation. MOTION: Council Member Moore MOVED for approval of the Hertz Corporation Concession Agreement and Council Member Porter SECONDED the motion. Council Member Swarner requested UNANIMOUS CONSENT. Cronkhite reported representatives from the Hertz Corporation were reviewing the concession documents. If council approves the agreement, they hope to sign the documents and in the space by December 1. She added, the motion would authorize the city manager to sign the concession agreement. VOTE: There were no objections. SO ORDERED. 1-15. Discussion -- Council Liaison Assignments KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 17 The issue was opened for discussion. Moore requested the Arctic Winter Games be added to the list of liaison positions. Comments from council also included an interest to reevaluate the bi-monthly meeting schedule in January. Semmens and Freas were requested to provide cost information in this respect for the discussion. Council set haisons as follows: Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Beautification Committee Council Member Swarner Council Member Moore Council Member Booke¥ Council Member Gilman Council Member Porter and Council Member Ross Counci/Member Bookey and Council Member Ross Council Member Swarner and Council Member Porter OTHERS: Kenai River Special Management Advisory Board (KRSMA) Economic Development District (EDD) Cook Inlet Regional Citizens Advisory Council (CIRCAC) Kenm Visitors & Convention Bureau Board Challenger Center of Alaska Board Arctic Winter Games City Manager Snow Mayor Wil!i__ams John Douglas Council Member Porter Mayor Willi__an~s Council Member Moore Council requested a report from John Douglas relating to CIRCAC be made twice a year. Williams stated he would contact Douglas. ITEM J: REPORT OF THE MAYOR-- Williams reported the following: He attended an economic development roundtable discussion relating to oil and gas which was very interesting and continued w/th comments on his view of the future of oil and gas revenues, development, etc. He met with the new manager of Home Depot. They will begin in-store training on December 4 and a "board cutting" will be held on December 18 at 3'30 p.m. The day's Kenai Chamber luncheon presentation was about the Kenai Peninsula Borough's Comprehensive Plan process and progress. While there, he discussed the high-speed ferry proposal with Assembly President Sprague. ~NAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 18 ITEM K: ADMINISTRATION REPORTS K-X. City Manager-- No report. Ko2. Attorney -- Graves reported City Hall had been processing municipal traffic citations for about one month and since October, approximately 90 had been processed. He thanked Semmens and Lee Gattenby, Communications Supervisor, for their assistance in setting up the filing system. K-3. City Clerk -- Clerk Freas noted the following: · Council could have an opportunity to meet with Mr. Fauske of AHFC on Kens_i-specific issues prior to his presentation on the evening of December 4. Council requested he be asked to meet with members of the council and administration to discuss future funding for assisted living and senior housing. · She had received notification Rep. Chenault would be not be available after.December 17 to meet with council prior to the beginning of the next legislative session. Freas asked council ff they would like to meet with the area legislators prior to December 17. Council suggested 6:00 p.m. on November 19 or December 3. · A letter from Mack Padgett was included in the packet. The letter was regarding residents of Ames Road wanting to be put on the list for an LID when funding becomes available. Administration was requested to keep a list of those interested in paving and council would discuss the matter further during budget preparation. Semmens also noted council had set the resolution relating to the purchase of a server for the library over to the November 19 meeting. He requested it be postponed for public hearing to December 3 due to Library Director Jankowska being out of town and needing time to do further research on the issue upon her return. Council had no objections. ITEM L: DISCUSSION L-1. Citizens -- Bob Peters -- Stated his support for continuing with student members of commissions and committees being voting members as he believed their enthusiasm is a great motivator and because they have a sense and value of community. Peters added his support for changing the number of meetings back to monthly. L-2. Council KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 19 Bookey -- Asked if council was interested in doing a letter of support for the Tribe relating to low income housing funding. Williams stated he and Freas would develop a letter. Swarner -- · Stated she received a concern from a resident relating to Vintage Pointe not accept Section 8 coupons for new residents. Porter explained, the facility was originally butt for middle or upper income residents and when they first allowed ASHA coupons and wanted to raise the rent, they found it could only be raised approximately $9 a month. It was felt that was not fair to the city to be always tied into what ASHA would allow for rent levels. Williams noted, that would have to be reviewed if funding were requested for an addition to the facility. · Requested fish habitat information from the RCAC should be included with the other coastal trail information. · Reported she attended a Department of Labor seminar, along with members of the city's finance department. Learned the contractor will now be paying a fee to them for their services, up to $5,000. She added, it was another unfounded mandate. · to Palmer. Noted the potential Navy contract for building deck scrubber units went Moore -- · Noted the bank of lights at the bank of the parking lot at the multipurpose facility were out and requested the cause be investigated. Williams asked whose responsibility it was for the parking lot lights and was told it is the city's. Porter-- · Asked if Parks & Recreation Director Frates was aware of any vandalism taking place at the ice rink and Frates answered he was not aware of any to date. · Suggested a survey or town meeting be held to gather information of what type of services the citizens want to continue, etc. She suggested council could request administration prepare new relevant questions. · Noted at the last council meeting, Swarner asked why no one from city administration goes to greet new businesses in the city. Porter volunteered to meet, greet, and welcome new businesses to the community and let them know who they should contact. Council had no objections. · Suggested city newspaper advertisements include the new city logo. · Referred to recent news relating to illegal immigrants being hired and asked if the city monitors its contractors. Graves explained, the city doesn't independently monitor their hires, but clauses in contracts state contractors must follow all state and federal laws. Stated she would not be at the next council meeting. Suggested council arrange for a meeting with industry, native groups, etc. again as she felt it would be a benefit. It was suggested the issue be discussed in January. KENAI CITY COUNCIL MEETING NOVEMBER 5, 2003 PAGE 20 Gilman-- · Referred to Bookey's suggestion c_ouncil write a letter of support relating to low income housing for the Tribe. He stated, he believed they were talking about a letter to be sent to the regional corporations as the Governor is trying to direct federal funds to the regional corporations for distribution. He added, if funds are regionalized, KIT would not receive any more funding. Gilman stated he did not know if the city would want to get involved in that issue. Bookey stated he would contact KIT and discuss the matter further. · Stated he felt earlier comments relating to the future of oil and gas werepessimistic as he felt there are other ways to get interest here and keep the plants open. Stated he believed if the council wants to get the native community more involved, the city should go to them and ask how the city can help them. Ross -- Stated he would not be attending the work session on November 13. Williams -- Stated he received a complaint the boat ramp was not open by someone who had paid for an annual pass and only used it once and then wanted to take his boat out and couldn't get access. Public Works Manager Komelis stated anyone can contact City Hall and access will be made available. He added, the phone number, etc. is on the sign. EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT The meeting adjourned at approximately 11:34 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z 0 o ~ a~ ~:~0 ,~ 0 Z Z (/) ~ o ~ ~ 0 0 0 ~J LLI I~ ~ 0 W ~ n LLI ~ 0 ~ 0 o 0 0 z 0 ~ Ill -, Z ~' ~ 0 Suggested by: Airport Commission/ Administration CITY OF KENAI ORDINANCE NO. 2028-2003 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALASKA, ADOFI'ING KMC 21.05.045 TO ESTABLISH AN OFF-AII~ORT GROSS INCOME RENTAL CAR FEE FOR OFF-AIRPO~ RENTAL CAR COMPANIES USING THE KEN~ MUNICIPAL AIRPO~ FOR THEIR BUSINESSES. WHEREAS, the City of Kenai is the owner and operator of the Kenai Municipal Airport; and, WHEREAS, the Kenai Municipal 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 third day of December, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: November 19, 2003 December 3, 2003 January 3, 2004 (10/29/03 sp) 21.05.045 (~) (b) (c) (d) (e) (h) (i) O) (k) OFF-AIRPORT VEHICLE RENTAL PERMIT To operate a vehicle rental business on the Kenai Mumcipal 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 writing to the airport manager 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 with 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 originating at or from the Kenai Municipal Airport. Upon reasonable notice, the City shall have the right to audit a permittce'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 permjt 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 perm/ttee, 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 wit2dn 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) All monies paid or payable to the Pe ~rrnJttee from a transaction initiated under an off-airport vehicle rental bus/ness 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 AVIS. We try harde~ January 20' 2003 Alaska Rent A Car, Inc. Avis System Licensee P.O. Box 1900~8 Ancho~ Alaska ggsIg-oQ28 Tel: (907) 243-4300 FaX: (907) 249-,6247 E-mail: avisa~ 0 alaska.net Mr. John Williams, Mayor City of Kenai 210 Fidalgo Avenue, #200 Kenai, Alaska 99611 Reference: Proposed Ordinance Pertaining to Off Airport Car Rental Operations The Honorable Mayor Williams: We understand there has been dialogue and contemplation of a proposed ordinance establishing an off airport vehicle permit system for off airport car rental operators wishing to conduct business on the Kenai Airport. We have reviewed a copy of the ordinance and proposed Municipal Code 21.05.045 and would like to take this opportunity to address this issue. We are in favor in concept of this ordinance for the following masons: 1. This provides an additional source of revenue to the City 2. It levels the playing field among on and off airport operations 3. It increases the real value of the current 4 non-exclusNe-on-airport car rental concessions. By allowing off airport operators to conduct business from, or in some cases in, the airport without paying fees the City actually minimizes the worth of the current leases it has with its on airport operators. From information gleaned from the Dec. 18, 2002, City Council Meeting it is quite apparent that the Great Alaska Car Company regularly conducts business on the airport terminal. If the City of Kenai is aware of this practice then why do the current on airport car rental companies pay the "concession fee: for ~.e urivilecm of conductine on- al.mort automobile rental o~erations at the_air~ort" (Page 2 of 5, original bid documents for current lease) and off airport operators pay nothing. Through the competitive bidding process AVIS agreed to operate at the Kenai Airport by a specific set of rules and requirements set forth by the City of Kenai. These requirements range from paying 10% of our gross fees, renting counter space, providing insurance indemnifying the City, and committina to a minimum annual guarantee regardless of gross revenue. If the City is aware that other car rental companies have free access to enjoy all the benefits derived from business funneled through the airport without meeting these requirements then we suggest that the City has failed to uphold tile terms of its lease aha is also placing tl~emselves in jeopardy with public liability issues. -1- Page 2 The proposed municipal code puts in place a tool to level the playing field. The State's largest airport already charges foes to off airport car rental operations for the right to access customers at the airport. We applaud the City's effort to-follow suit, The language in Section A and F of KMC 21.05.045 needs to be changed, The Code as written would allow an off-airport agency to operate on airport by simply leaving the key and car at the airport for the customer pick up. What distinguishes that from the on- airport operator?. Off airport operators should be allowed to have access to the airport infrastructure, pay fees for that nght, but not be allowed to operate their business from the airport. The airport has an obligation to its tenants. We feel the proposed ordinance/code with suggested modifications is a step in the right dire~ion. Sincerely, AVIS/ALASKA er 'cra cc Rebecca Cronkhite, Kenai Airport Manager Budget Ren~ a Car of K~at Box 267 Kenaio AK 99611 Fax~ ~~ November 14, 2003 Ms. Rebecca Cronkhite- Airport Manager Kenai Municipal Airport 305 N. Willow, Suite 200 Kenai, AK 99611 Dear Ms. Cronkhite: I am writing to show my support of the Ordinance No. 2028-2003 establishing an off- airport gross income remal car fee for off-airport rental car companies utilizing the Kenai Airport. I feel this is long over due. I am a current car rental concessionaire who pays rent plus a 10% concession fee for operating at the airport. Off-airport rental car companies are not paying any type of user fees and are profiting from the airport patrons. This will create a level playing field for pricing. If you would like to discuss this fin'ther, please contact me at anytime. Bonnie Koerber- President Garrison Corp. d/b/a Budget Car Rental Photo taken September 2003 in airport terminal parking lot ~..Soldota.a~ I'lOV I ~ uo u m: Bridges Community Resource Network, Inc. 145 Kasilof Street Soldotna, AK 99669 907-260-3800 Fax...907-262-$116 Octo~r 30, 2003 Re.- Central Peninsula General Hospital Expansion Project To Whom It May Concern: As an active organization within the Central Kenai Peninsula Community, we are very aware of the need for the local hospital to expand and offer more services to our community. Many of our citizens are in need of specific care and have been sent to Anchorage, Seattle or other places for medical care. They are taken away from their homes, families and friends at a time when that support is so needed. Also the care givers of these individuals are also uprooted to care for these individuals and they in turn do not have support of a familiar medical care group, home, family or friends to also give them needed support. Quite often they are being taken away from jobs that must be maintained to keep insurar~e intact and assist with the financial needs of those who need the care. it is very important for the local health organizations to work together to bring the best care possible to our community. We are beginning to see these coalitions breaking down their 'turfs" and sharing the medical professionals they have on staff, therefore, not duplicating services, but addressing the multiple needs that a client quite often has and should not go from place to place to seek this help, but have this service at one site. Having more room for off, es and meeting rooms will also service this need. The requirements for privacy has to be met to be in compliance with many regulations and the expansion project will certainly assist in this endeavor. Patients will all benefit from this imlorovement. These are only a few of the reasons that we feel this will be an asset for our community. We certainly are in support of the expansion and are indeed grateful to the voters for approvirKj the bond issue on the October ?, 2003 ballot. Sincerely, Jane M. rein President, Bridges Community Resource Network, Inc. Steering Committee Member, HealtJ~y Community/Healthy People City of Soldotna Council Woman Central peninsula general hospital 250 Hospital Place, Soldotna, AK 99669 (907) 714-4404 · www. cpgh.org To: Mayor John Williams/Carole From: Bonnie Nichols ,,, Fa~ Pages: 2 Phone: Date: 11/13/03 ,, , ,,, Re: Letter of Support CC: r"l Urgent I"1 For Review r-1 Please Comment I-I Please Reply I-! Please Recyde an example letter of support is attached from Bridges. Please fax your signed letter to me at 714-4650. The address you can list in your letter is: State of Alaska Department of Health & Social Sen/ices attn: David Pierce, Division of Administrative Services Facilities & Planning Section PO Box 110200 Juneau, Ak 99811 Give me a call if you have additional questions, 714-4500 or my cell 398-9645. Thanks for your assistance in this effo~ Senior Center's October Monthly Report to Linda Snow Our Center continues to be active and seniors use the facility daily. Total number of days open: 23 We were rented 4 days this month. # Congregate Meals Served: 1400 # Home Meals Served' 1235 Total volunteer hours for July was 903 hours. We continue to provide seniors much information concerning debt consolidation, where to go for utilities, housing, and prescription drug assistance. Many seniors have been affected by loosing the longevity bonus. Our doors were open to elections this past month. The seniors appreciate having a voting precinct. The same day of elections Public Health gave flu shots to 175 people. · The director attended the "Senior Mobility" transpOrtation Workshop sponsored by Dept. of Transportation. She was elected to the Alaska Mobility Coalition. The workshop focused on the following: Seniors want control, autonomy and choice fi'om their transportation provider--- they desire transportation that is dependable, reliable, flexible and affordable. Seniors want a service that is responsive, where one does not have to wait more than 24 hours to request a fide, door-to-door service, and is offered most days of the week, most hours of the day. · Older persons exercise self-regulating behaviors as they move from being independent automobile drivers to being dependent on others for transportation, as age impairs physical and mental health. The mobility to transportation dependence include choosing to drive during low traffic conditions, restricting driving to daylight hours, limiting expressway driving, avoiding left tums, limiting trips for basic necessities and finally giving up the care keys for using alternate modes of transportation. Senior Connection has received notification to go ahead and update the market study for their assisted living project. Hopefully the market study will be completed by January. We had "the best ever" Halloween party on the 31 with 125 seniors present. The Line Dancers performed along with a costume contest. For those not present, we had some very creative costumes! nal Municipal Airport Airport Manager's Monthly Report November 13, 2003 Airport Businesses' Airport Manager met with representatives from Ron's Rental to discuss the proposed sub-lease to Fed-Ex. Re-modeling will start the first of next year. Also discussed were access issues from the taxiway to the lot. The aircraf~ access to the lot will require some work on the airport property between the taxiway and the lot line. The tenant is responsible for improvements to the lot. When a written request for sub-lease is received, the City Engineer will assist in developing a recommendation for review by Commission and Council. We anticipate a small construction project to provide access between the taxiway and lot while preserving the integrity of the drainage ditch. The cost to the airport will be limited to that portion of the improvements that are on airport property. The lessee expects to fund all improvements including fence relocation and additional gates that occur on the lease lot. Airport Security: We continue to wait for a Congressional vote on the reauthorization bill which includes language to federalize the Kenai, Homer and Valdez airports. Security plans are being prepared and contingency plans are in place. 'As of this writing, we do not know if the language will remain in the bill and, if it does, how the Department of Homeland Security will interpret federalization. The possibilities range from no change to full passenger screening. We expect something in-between with little noticeable impact on the traveling public. Winter Wonder Land: It is too early to predict a white Christmas but it looks more promising than last year. Our first snow event went smoothly and gave us the opportunity to work through the bugs in the system. All in all things went very well thanks to help from the Street Department. Loft Goode has been working hard to get lights up in the Triangle and around the Terminal and Bunny Swan has agreed to do window paintings for us again. FAA Projects' The Security Camera project is waiting for the Design Build Ordinance to take effect. Council can expect a request in the December 3 packet to proceed with that project as a design-build. The security fencing and gates are still in design as is the Terminal sidewalk and driveway modifications. I sincerely hope both projects are on the street soon after the first of the year. I will also be meeting with the FAA to discuss the suggestions generated at the work session on the Supplemental Planning Analysis. Enplanements' The latest report is in your packet. The continuing decline in passenger enplanements will soon be a factor for future FAA grant funding which is partially based on passenger numbers. Furore entitlement funds will decrease once enplanements are factored in. The FAA bases funding on numbers from two years previous, so we have not yet seen the full impact of 9-11 and the subsequent fare increases. Ki NAI I'AI I S AND 1t;(71t I)i I'A RTM ENT ff. I I} I;i~lail~; Ave. Kc~;ai, A 1( 9~>61 I (mnilinl~) ,110 IN. Willow ,qi. (l~l~.¥.~ical) Telephone (,~)07) 7_83--.3692 Fax (9() 7) 2~3.369~ MEMORANDUM TO: Lmda Snow, City.. Manager FROM. Robert J. Fratcs, Parks & Recreation Director/ DATE: November 12, 2003 REe Monthly Admin. Report- October 2003 The Parks & Recreation Department remained busy throughout the month of October. Ice sales for October surpassed last year's sales for the same month bv approximately 20 hours. Much of October's use came from not only KPHA and KCHS, but also Nikiski Jr/Sr High, Homer, and some of the local adult leagues. November's reservations look solid as well. Jack LaShot and I discussed electrical usage at the MPF with Homer Electric. Homer Electric installed a momtoring device that will record usage for a one-month period. Cross-referencing this info with rink logs should give us a good representation of costs. Our base KWH rate is $.05588 and a Demand Rate of$5.59716 per hour. The KCHS Hockey Booster Club have been actively selling dasher board advertisements with a total of 8 sold to date. Jack LaShot and I also met xvith Integrity Survey in order to get some cemetery surveying done, particularly on the west end. The Direct'or also met with Liz Burk the cross-country running coach from KCHS, in order to explore trail options in Kenai. One parcel of land that may be available for limited use is located near the KCHS Vocational Building. The land belongs to the Borough but a trail easement could possibly be granted. Other options could include the East End Trail system, or possibly Mumcipal Park. Micah Rogers spent a portion of October wrapping up his preparation for winter including cleaning up the maintenance yard, working on pole decorations, and hanging lights throughout town. ~ The Director attended the Alaska Recreation and Park Association Annual Conference during the week of October 13~h. The Director attended workshops, presented awards at the annual banquet, and was elected to the ARPA Board. Attachment KENAI MULTI-PURPOSE FACILITY ACTIVITY REPORT Month: October 2003 ACTIVITY Customer Type' (hrs.) KPIIA KCHS Homer H.S. North Pen. Rec. Adult Lea ue Nikiski H.S. Homer Hoc,key Assoc. Total Hfs: Revenue: Ice Rental ute Skating Public Skate Ice Maint. Electric Gas Water and Sewer Sanitation Total Revenue: Total .Expenses: THIS MONTtt 73 18 8 0 3 16 16.50 134.50 $14,138.25 0 104.38 $9,946.56 5,7_.__~56.57 266.23 381.81 73.32 $14,242.63 $16,424.49 THIS MONTll LAST YEAR 56.75 18 2 3.50 0 18 9.25 107.50 $11,287.50 123.00 196.00 $11,703.39 5,742.12 193.17 515.90 75.23 $11,606.50 $18,229.81 LIBRARY OCTOBER REPORT We continue to stay quite busy at the Library. Total circulation for October was 9073 items. Total library patronage was 7575. The library staff issued 116 new library cards. Children's programs continue to be very popular. Corey Hall has started to have an evening "Pajama" story program for families. She also had a special story and party for the Halloween,,holiday. The, Monster Factory Party was a huge success with 70 souls ready to be scared '. There was cake and special treats, entertainment and fun for all. The adult programs are becoming better attended. Julie Niederhauser holds a monthly beginning Intemet class. She is also the leader for a Book Club that has met for over 3 years. The Intemet class is valuable for its instruction to the public who are just learning how to navigate on the WEB and locate the information that is available. It empowers the user and fi'ees the staff from having to answer many basic intemet use questions. Use of fi'ee and public Internet access makes the library a popular place for visitors and our community. In all there were 545 persons taking part in the programs that are offered in the library. We see much more use by the student population of our community. Days where there is no school bring in many students and parents to check out what we have. There are many student study groups meeting, doing homework and special projects in our library. The library is very busy place, a Kenai Community Library 163 Main Street Loop Kenat, Alaska 99611 REPORT FOR OCTOBER, 2003 CIRCULATION Adult Juvenile Easy Books Fiction 1986 503 Non-Fiction 1720 308 Periodicals 45 ~- Cassettes Intemet Access 159 943 CDs Kits Misc. 146 4 44 Total Printed Materials ............... 6462 Total Circulation ............................ 9073 WEBPAC Searches .................... 3506 Puzzles 4 1488 412 Videos 1188 DVD 123 ADDITIONS Docs Adult Juvenile Easy Books AV Gifts 78 9 46 41 25 Purchases 38 20. 12 Total Additions .............................. 269 INTERLIBRARY LOANS Ordered Received Returned Books 38 22 17 INTERLIBRARY LOANS BY OUR LIBRARY ............ 24 INTERNET USE ........ 943 VOLUNTEERS Number .... 17 Total Hours .....177 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,795.42 293.75 302.25 Total Income for OCTOBER, 2003 ............ $2,391.42 Library Cards Issued October, 2003 Kenai 56 Homer Kasilof Nikiski 12 Ninilchik 1 Soldotna 28 Sterling 2 Other 12 Total 116 Total Library Patronage ...... 7,575 Persons Adult Programs ........ 33 Persons Childrens Programs .... 512 Persons Monthly Report For November 19~ 2003 Keith Kornelis~ Public Works Manager Basin View~ Toyon Way~ Schooner Circle~ & Pillars: The construction phase of these projects has be, completed. I have received all of the documents to close these projects out except for the Department of Labor Clearance Forms. We are summarizing all of the costs for each project to form the final assessment roll. There will be a public hearing to give the property owners a chance to comment. HEA has stated that they want to lower their lines on the Basin View project, and they think the city should pay for it as part of the project. The lines are in the ditches and not under the pavement. There are funds budgeted in the project for relocation of lines, but we are not sure this is justified. HEA is not going to get around to doing anything this year. New Well House 4: We have completed drilling the deep and shallow exploratory wells near Beaver Loop Road. It appears that it will be a good quality well with a few exceptions. The arsenic and manganese levels are high but treatable. I have been discussing treatment options with a couple of water treatment companies. Wetlands Protection - S. Spruce: This project is funded with a $12,000 US Fish & Wildlife matching grant. The city's match will be gravel, concrete pilings, signs, and labor. State Parks is removing the concrete piles at the Pillars and asked if the city wanted them. The city is going to haul and unload them at S. Spruce as part of our in-kind donation to this project. The project is to protect the wetlands next to South Spruce and encourage people to use the trail and stay off the wetlands. Boatin,q Facility Launch Ramp and Road Exit: We have received the $350,000 grant from the state for this project. The project will add two launch ramps and an exit road and parking area. Ordinance 2026- 2003 appropriates the funds for this project. Nelson and Associates can modify their existing design of this facility to include these new improvements. The restroom sewer drain field and landscape will nec modifications. Bridge Access Road W & S Feasibility Study: Wince-CorthelI-Bryson, the engineering consultants, has completed this project. It is being paid for by an Alaska DEC and a Federal EDA grant. This project will be ready for construction when funds become available. Dip Net Fishery: The Kenai Harbor Commission is going to review our program at their next meeting. Risk Assessment Methodology for Water~ RAM-W and Vulnerability Assessment~ VA: completed this very complicated water security report, which is a Federal mandate. I have Streets: We have graded, ditched, and compacted gravel roads, cleaned culverts, checked storm drains, prepared equipment for winter, hauled gravel, filled sand bin in warm storage, removed old fence and built a pad for parks, hauled dock mud, changed cutting edges, lubed equipment, laid down fabric and built road in Beaver Creek Park, pushed back trees and brush at old dump site, and helped parks with Christmas lights. Water & Sewer & STP- We have prepared an area for the exploratory well, repaired electrical and mechanical problems at various lift stations, changed out the pump at Missions St. lift station, changed the fire hydrant on Attla, calibrated chart recorders, installed guard rail at Main St. lift station, realigned the radio antenna at Mission St. lift station, checked various sewer lines for blockages and cleaned where necessary, installed a new heater for the autoclave at the STP, installed new line modems from the SCADA computer to the PLC in the STP Chorine building, installed a new rocket port for the SCADA system, and had the SHARP annual inspection at the STP. CITY OF KENAI "0# Capital of Alaska' 210 FIDALGO AVE., SUITE 2(X) KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: THRU: DATE: SUB J: City Council Lawrence A. Semmens, Finance Director.,~d? Linda Snow, City Manager November 13, 2003 Investment Report At September 30, 2003 the City investments had a market value of $33,126,411. The current portfolio yield is 2.52%, which is down from 3.30% last year. The market values and types of investments held are: US Agency Securities AML Investment Pool Total Market Value Carrying Value Par Value $32,216,239 $ 910,172 $33, !26,411 $33,116,428 $32,944,880 Short-term interest rates have increased slightly, but are still near historic lows. The Federal Reserve has not changed rates recently and in fact stated that their intention is to keep rates as they are for some time. The short-term bond market is affected by other factors, including the economy and the stock market. As money flows to the stock market and out of bonds, the interest rate on bonds tends to increase. The expectation is that rates will increase over the next year; however, the timing and magnitude of the increase are not known. I am planning on a small increase. My strategy for investments continues to be to invest primarily in the 2 year area. Generally the securities I buy are callable, meaning the issuer can buy the security back at par value at predetermined times prior to maturity. This type of security yields more than a comparable non-callable security. Note that the par value of the portfolio is less than the carrying value. This is due to the accounting requirement to recognize unrealized gains. When securities mature at par, the excess in the carrying value reduces interest revenue essentially offsetting the unrealized gain recognized last year. If you have any questions or comments about the City's investments please contact me. A copy of the portfolio is attached. CITY OF KENAI CITY Of KENAI INVESTMENTS 9/30/2003 06/30/03 SECURITY carrying value FHLB 3.16 $1,007,190.00 FHLB 2.5 $1,005,630.00 FHLMC 3.5 $1,015,370.00 FHLMC 3.4 :$1,522,110.00 FMCNT 3.25 $1,018,930.00 FNMA 3.60 $501,039.00 FNMA 3.6 $1,011,156.00 FHLB 3.8 $1,039,380.00 FHLMC 2.00 $1,005,470.00 FNMA 2.02 $2,003,120.00 FHLB 1.75 $1,001,560.00 FHLMC 2.25 $1,000,000.00 FHLMC 1.42 $1,000,000.00 FNMA 1.52 $1,000,000.00 FHLB 1.5 $1,000,000.00 FHLB 1.535 $1,999,400.00 FNMA 2.28 $1,000,000.00 FHCI 9.50 :$196,051.14 FHLB 1.8 $8~,145.00 FHLB 1.54 $998,059.00 FNMA 2.00 $999,500.00 FHLMC 2.625 $1,008,440.00 FHLB 2.5 $505,000.00 FHLB 2.5 $1,000,000.00 FNMA 2.5 $1,000,000.00 FHLMC 2.7 $1,515,225.00 FHLB 2.32 $995,000.00 FHLB 3.13 $989,700.00 FHLMC 4.0 $1,027,810.00 FMCNT 3.1 $1,000,703.13 FNMA 4.02 $986,268.00 SUB TOTAL $32,206,256.27 AML POOL $910,172.22 $33,116,428.49 EFFECT. RATE 3.16 3.42 3.52 3.40 3.61 3.60 2.38 4.00 2.00 2.02 1.75 2.25 1.42 1.52 1.50 1.54 2.28 7.69 1.85 1.63 2.03 2.65 2.50 2.50 2.5O 2.70 2.47 3.42 2.40 3.10 4.33 0.87 REPO $0.00 0.90 TOTAL $33,116,428.49 TOTAL CURRENT YIELD Market Value $33,126,411.00 2.52% DATE PURCH. 10/29/2001 12/12/2001 2/20/2002 2/20/2002 11/30/2001 10/29/2001 9/24/2002 2/8/2002 2/18/2003 2/28/2003 6/17/2003 9/5/2003 7/8~2003 7/14/2003 7/15/2003 7/22/2003 8/19/2003 8/22/2000 8/4/2003 8/5/2003 g/25/2003 2/4/2003 3/10/2003 9/25/2003 8/11/2003 4/2/2003 7/17/2003 9~3/2003 3/21/2003 8/27/2003 8~27~2003 DATE DUE 10/29/2003 11/14/2003 2/20/2004 2/20/2004 5/2O~2004 10/29/2004 10/29/2004 2/8/2005 2/18/2005 2/28/2005 6/17/2005 7/6/2005 7~8~2005 7/14/2005 7/15/2005 7/22/2005 8/19/2005 8/1/2005 8/4/2OO5 8/5/2OO5 8/26/2005 1/13/2006 3/10/2006 3/24/2006 8/11/2006 I O/2/2OO6 12/19/2006 5/21/2007 9/13/2007 8/25/2006 8/18/2008 AT MATURITY (PAR) 1,000,000.00 1,000,000.00 1,000,000.00 1,500,000.00 1,000,000.00 500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 179,708.17 855,000.00 1,000,000.00 1,000,000.00 1,000,000.00 500,000.00 1,000,000.00 1,000,000.00 1,500,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 32,034,708.17 910,172.22 32,944,880.39 MEMORANDUM To: From: Date: Subject: Linda Snow, City Manager ., Larry Semmens, Finance Director November 13, 2003 Monthly Report The finance department continues to work on getting the new software implemented and usable. Generally speaking the conversion went well; however, there have been some challenges. We will be receiving additional training in January when the Caselle staff is up here to install the software for the City of Homer. We are working on a group training session including Soldotna and Homer in February following the installation of the software at the City of Soldotna. With. the help of Lee Gattenby and our computer technician contractors, we have installed new wireless hardware that networks the public safety building and city hall. This project was completed for less than $2,500 which is quite amazing since only a few months ago we received a quote of $10,000 to do this project. Two immediate advantages of the network are that the Laserfiche database of ordinances and resolutions and the traffic ticket information stored on Police Department computers are now accessible from city hall. We expect additional efficiencies to be realized from this network. We are in the process of switching our intemet service provider from ACS to GCI. Using GCI cable will improve internet speed and reliability. The audit is nearly complete. I am planning to deliver the financial report to council on December 3. I am working on a pass through grant of $51,000 for the Boys and Girls Club for their Kenai Delinquency Prevention Program. The Boys and Girls Club received tentative approval for this Department of Health and Social Services Title V grant subject to final application by the City. CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI. ALASKA 99611 (907) 283-7666 · (907) 283-8171 fax e-mail: kfdept(~ci, kenai.ak, us November 10, 2003 TO: Linda Snow. City Manager Scott Walden, Fire Chief Subject: October 7- November 11, 2003 Department Report Type of This Period This Period 2003 to 2002 to Difference Response last yr date date Fire 1 4 38 37 + 1 EMS 42 57 592 558 + 34 Other 35 31 260 174 + 86 TOTAL 78 92 890 769 + 121 , "Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms, ARFF. Hosted blood donation day at department, and co-presented info on blood donation at Chamber with Blood Bank; enrolled in KCHS Student Aspirations mentor program; participated in public service evaluations and interviews for Kenai Peninsula College course; hosted job shadow students from village education program (students from Perryville); assisted Arctic Winter Games Society in obtaining phone service in training center; participated in City planning work session; attended Senate Judiciary Committee meeting on Permanent Fund (POMV Plan). Conducted fire prevention activities in local schools for 1,400 students and staff. Developed proposal and discussion items for non-potable water supply for fire protection in VIP, appointments to meet with developers of Kenai Landing; worked closely with Home Depot on fire pumps, sprinkler system and alarms in preparation for opening store. Conducted cross training for department personnel in incident command and rapid intervention rescue; assisted communication center in new cable and antennae installation; attended RCAC marine firefighting training and emergency response planning. Reviewed National Response Plan from Homeland Security, forwarded to City Hall; developed grant application for FEMA Fire Prevention money; assisted Tesoro United Way campaign presentation; assisted Funny River Road Fire Department in developing specs for new fire engine; continue work with Alaska and Peninsula Fire Chiefs Associations regarding fire insurance rate reductions. Memo From-. Date:. Re: Linda Snow, City Manager Chuck Kopp, Chief of Police November 13, 2003 October 2003 Report The Kenai Police Department responded to 576 calls for service. The Communications Center received one hundred sixty-three 9-1-1 calls for emergency assistance. The department continues to work with the Alaska Highway Safety Office sponsored overtime grants for traffic enforcement on weekends and holidays. This allows officers to be present on the roadways and have a meaningful impact on the safety of our commuting public. Officers worked a total of 32 grant funded hours over the Halloween weekend for DUI "saturation patrol", neighborhood safety patrols for "trick or treaters", and crime watch activities. 341 traffic enforcement contacts were made, resulting in 71 speeding citations, 47 other moving violations (fail to stop, fail to yield, improper lane change, passing in violations, 3 seatbelt citations, and 26 misdemeanor arrests (DWI, a no pass zone, etc.), 2 equipment Driving Without A License, Driving With Revoked License, and Fail to Insure Vehicle). Officers also arrested 9 people on outstanding warrants, and 25 others for various crimes including assault, theft, violating court issued conditions of release, drunk on premises, and drug trafficking and possession offenses. The department responded to 12 motor vehicle crashes, 2 of which resulted in passenger injuries. 4 of these crashes involved moose. Officers George, Langseth and Louthan are actively involved with drug abuse prevention programs in Kenai schools. The D.A.R.E. program gives a strong anti-drug abuse messaqe that reaches hundreds of school children each year from elementary through high school, and s~rves to build strong ties between youth and police, opening many avenues of communication and mentorship. Inv. George and Off. Louthan attended a 2-day D.A.R.E. curriculum refresher the 2n~ week of October, in Anchorage. Inv. Langseth will attend a 2-week D.A.R.E. Officer Training (DOT) course mid-November. Inv. Langseth attended an intensive 3-day Sexual Assault Investigations coupe in Wasilla Oct. 22-24. Inv. George participated in a Youth Court presentation at KCH$ on the 23 , playing the role of an investigating officer at the scene of an assault. Lt. Wannamaker taught a class at the Borough Bldg on Concealed Weapons & Use of Force laws on the 3r~. Chief Kopp & Lt. Wannamaker joined other City personnel for the dbbon cutting ceremony opening the Unity Bike Trail on the 21st. The Dept. conducted firearms training at Snowshoe Gun Range on the 10th Both handgun and shotgun courses were completed, as was the Patrol Rifle course. ' CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KEN/d, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-~14 MEMORANDUM TO' FROM- DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Mana~ November 13, 2003 Department Report for Council meeting of November 19, 2003 , A current Public Works bid information sheet is attached. As Ordinance No. 2022-2003 will not take affect until December 5, 2003, we will ask for council approval to use the "design-build" concept at the December 3, 2003 meeting for the airport security project. While repairing parking lot lights at the Visitors Center, we discovered major repairs necessary to be done soon for safety masons and expect costs to exceed $2,500. VVhen costs are determined, we will either ask to add a PO to the list prior to the meeting or possibly request a telephone poll for council approval. ~o C) t~ 0 0 0 KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1992 Memorandum Date: 11/13/03 To: From: RE: Linda Snow, City Manager Casey Reynolds, Director of Economic Development Monthly Report-October The last month has seen good movement in the City's economic development project. The council held a work session on economic development, which produced valuable input thought the SWOT analysis. Perhaps the most important information to come from this meeting, however, was that the council seemed to find consensus on the fact they view their role and that of the city to "provide a level playing field" for local business and to advocate for growth in a manner that says, "Kenai is open for business." The Kenai Economic Roundtable had its second meeting, which was very well attended by development groups in the city. The Roundtable heard a presentation by Bill Popp on the state of the oil and gas industry and had a vigorous discussion on various aspects of this issue. At the next meeting issues dealing with role defnfition, a salmon festival, and funding for development organizations will on the agenda. The Kenai Peninsula Economic Development District (EDD) in the final phase of hiring an executive director and they should be on board in the coming weeks. The EDD has also done the final revisions to its Comprehensive Economic Development Strategy (CEDS) and it should be adopted at the next board meeting. Peninsula Winter Games meeting have been productive and every indication is that this year's games should be as lively as any the Peninsula has seen. There have been intensive discussions as to what the best process for developing Kenai's CEDS. Based on the feedback from those dissuasions and the presentation on this subject to the Chamber of Commerce a vision is being brought to Council that addresses the needs of as broad a community as can be hoped for. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 . FAX 907-283-3014 ~ MEMORANDUM TO' FROM' DATE' RE' Mayor and Council Members Carol L. Freas, City Clerk November 13, 2003 COMMISSION SEA TS EXPIRING JANUARY~ 2004 You requested I prepare a list of commission/committee members whose appointments expire in January, 2004. They are: Commission / Committee Council on Aging Parks & Recreation Commission L~brary Commission Harbor Commission Beautification Committee , Planning & Zonin§ Commission Airport Commission Members Richard Jurgensen Gina M. Kuntzmau Donna Hig!ey Kelly Gifford Jack Castimore Ka_thy Heus Emily DeForest Barry Eld_ridge Donna Higley Marilyn Dimmick Kathy Moore Car_l Glick Phil Brvson James Zirul James Bielefeld Henry Knackstedt AIRPORT COMMISSION Meets Second Thursday February, April, June, August, October, December Kenai Council Chambers 7:00 p.m. Commissioner Name and Home Business Term Address Phone Phone Emafl Address Seat Ends James V. Zirul 283-5728 283-5400 {p) ~ At Lar§e 2004 220 Spur View Drive 283-6443 {f) Kenai, AK 99611 James L. Bielefeld 260-3148 283-4124 bielefel~!ptialaska.net FBO 2004 P.O. Box 46 Kenai, AK 99611 fill 111 *Henry H. Knackstedt 283-2853 262-4624 hknackstedt~.~_(ihotmail.com CAP 2004 1602 Barabara Drive Kenai, AK 99611 Charles "Chip" Versaw 262-7745 283-5700 (p) cversa~iak.net At-Large 2005 403 North Willow, # 1 283-5799 (f) Kenai, AK 99611 Vacant Lessee Douglas K. Haralson 283-4623 283-3735(p) haralsoni~i:gci.net FAA 2G,,,, ' P.O. Box 2881 283-439 l(f) Kenai, AK 99611 Robert {Jed) Watkins 283-4744 776-6058{p) riwatk~ppco.com At-Large 2006 214 Susieana Lane 776-6258{/) Kenai, AK 99611 Council Member Moore 283-4610 262-7478 {p) City 1006 Inlet Woods 262-6107 (f) Council Kenai, AK 99611 Liaison Airport Mgr. Rebecca Cronkhite 283-3818 283-7951 rcronkhite~.a.?i.kenai.ak.us Airport City of Kenai Manager 305 North Willow St., Suite 200 Kenai, AK 99611 Chair **Vice-Chair (11/13/2003) BEAUTIFICATION COMMITTEE Meets Second Tuesday February, March, April, May and June 7:00 p.m. Kenai City Council Chambers Committee Member Name Home Business Email Address Term and Address Phone Pho~ne I~nd_s *Marilyn Dimmick 283-3910 (p) 2004 Beautification Committee 283-3973 (f) 1113 Walnut Avenue Kenai, AK 99611 Lori Seymour 283-3315 seymour5i~;gci.net 2005 Beautification Committee 607 Laurel Drive Kenai, AK 99611 Jean Rogers 283-0816 2005 Beautification Committee 1117 Larch Street Kenai, AK 99611 Kathy Moore 283-4610 283-2600 _~moore(f/~ptialaska.net 2004 Beautification Committee 1006 Inlet Woods Drive Kenai, AK 99611 Lois Nelson 283-5194 w. rnelson(~?gci.net 2006 Beautification Committee 209 Susieanna Circle Kenai, AK 99611 **Helen Brown 283-4413 2006 Beautification Committee P.O. Box 3203 Kenai, AK 99611 Colleen Canady 283-5810 283-7989 (p) 2006 Beautification Committee 283-7183 (f) P.O. Box 1641 Kenai, AK 99611 Councilwoman Linda Swarner 283-4366 283-9479 !swarner~_,acsalaska.com 298 Rogers Road Kenai, AK 99611 Council Member Pat Porter 283-4348 _/ustpat44(Eihotmail.com 116 Deepwood Court Kenai, AK 99611 *Chair **Vice-Chair (11/13/2003) COUNCIL ON AGING Meets first Thursday January, March, May, July, September and November Kenai Senior Center 10:00 a.m. Council Member Name and Home Business Email Address Term Ends Address Phone Phone Joanna Hollier 283-7756 2005 381 Senior Court,//307 Kenai, AK 99611 ~'ara Huddleston 283-9443 2005 P.O. Box 3541 Kenai, AK 99611 Earl T. Jones 283-4076 2005 381 Senior Court, # 107 Kenai, AK 99611 Richard Jurgensen 283-0563 2004 381 Senior Court, #201 Kenai, AK 99611 Gina M. Kuntzman 283-1676 283-9105 2004 696 Sycamore Circle Kenai, AK 99611 Donna Higley 283-5396 craftvladv_ak~_i!¥ahoo.com 2004 1129 Walnut Avenue Kenai, AK 99611 Bill OSborn 283-7936 " 2006 P.O. Box 3003 Kenai, AK 99611 Joe Harris 283-1946 ih. arris~.~alaska, net 2006 520 Pine Avenue Kenai, AK 99611 Fiocla Wilson 283-4550 2006 P.O. Box 2 Kenai, AK 99611 ~ouncilwoman Linda Swamer 283-4366 ' lswarner~.:.ci.kenai.ak.us 298 Rogers Road Kenai, AK 99611 City Clerk Carol Freas 283-4936 283-8231 cfreas~,.ci.kenai.ak, us Recording Secretary (11/13/2003) HARBOR COMMISSION Meets Monday Following First Council Meeting January, March, May, July, September and November Kenai City Council Chambers 7:00 p.m. Commission Member Name Home Business Phone ]~mail Address Term and Address Phone ]~nds ++Barry Eldridge 283-7152 lridgebb(E.~.~ptialaska.net 2004 2679 Bowpicker Lane Kenai, AK 99611 Donna Higley 283-5396 craftvladv_ak~yahoo.com 2004 1129 Walnut Avenue Kenai, AK 99611 .Gary Foster 283-7857 283-9640 gar~.'f~.ltia, lynden, com 2006 P.O. Box 2505 Kenai, AK 99611 L. ,Jay Barrett 262-7290 283-1991 (p) the~aybob(E;mac.com 2005 P.O. Box 821 283-2230 (f) Kenai, AK 99611 Vacant ) 2005 George Spracher 283-9008 2006 P.O. Box 1251 Kenai, AK 99611 +Tom Thompson 283-4358 262-5731 kreta~w,.alaska.net 2006 111 Paula Street Kenai, AK 99611 Council Member Jim Bookey 283-4227 283-4227 (p) P.O. Box 326 283-4013 (f) Kenai, AK 99611 +Chair ++Vice-Chair (11/13/2003) LIBRARY COMMISSION Meets First Tuesday February, April, June, August, October, and December Kenai City Council Chambers 7:00 p.m. Commission Member Name and Address **Kathy Heus 4540 Kenaitze Court Kenai, AK 99611 *Emily DeForest P.O. Box 1326 Kenai, AK 99611 Janet L. Brown 1111 Redoubt Avenue Kenai, AK 99611 Janice Rodes 207 North Birch Street Kenai, AK 99611 Kelsey Dunn 118 Wooded Glen Court Kenai, AK 99611 Bob Peters P.O. Box 24 AK 99611 Carol Brenckle 130 Trading Bay Rd, Ste. 340 Kenai, AK 99611 Council Member Blaine Gilman 216 Susieanna Lane Kenai, AK 99611 *Chair **Vice-Chair Home Phone 283-7930 283-4780 283-7036 283-4217 283-6560 283-9106 283-4994 252-204O Business Phone 283-4343 283-2600(p) 283-2009 (f) Email Address e mi!yd~;p tialaska, n e t Term Ends 2004 2004 2OO5 2005 2005 bluffne .t~ptialaska. net 2006 2006 bdgilman(~?ptialaska, net (11/13/2003) PARKS ih RECREATION COMMISSION Meets First Thursday January, March, May, July, September and November Kenai City Council Chambers 7:00 p.m. Commissioner Name and Home Phone Business Email Address Term Address Phone Ends Richard Hultberg 283-3017 2006 P.O. Box 545 Kenai, AK 99611 **Dale Sandahl 283-3238 2005 4560 Kenaitze Court Kenai, AK 99611 Mike Baxter 283-6186 283-7133 mikbax~webtv.net 2006 1619 Toyon Way or Kenai, AK 99611 Denoilbb~,:kenai.net Kelly Gifford '283-7251 283-3054 2004 312 Rogers Road Kenai, AK 99611 *Jack Castimore 283-4609 2004 2775 Watergate Way Kenai, AK 99611 Teresa Wemer-Quade 283-5423 398-9213 Dl(~uade~ci. net 2005 409 McCollum Drive - - Kenai, AK 99611 Kendra Y. Steiner 283-7799 kenge 1 lallthat(~ihotmail.com 2006 P.O. Box 2518 Kenai, AK 99611 Council Member Pat Porter 283-4348 justpat44~,hotmail.com ' 116 Deepwood Court Kenai, AK 99611 *Chair **Vice-Chair (11/13/2003) PLANNING ~ ZONING COMMISSION Meets Second and Fourth Wednesday - 7'00 p.m. Kenai City Council Chambers Commission Member Name Home Business Email Address Term and Address Phone Phone l~lnds Nelson Amen 283-6085 776-8191 n. amen(?~itesoropetroleum.com~ 2006 P.O. Box 357 Kenai, AK 99611 Carl Glick 283-7644 2004 P.O. Box 528 Kenai, AK 99611 **Phil Bryson 283-4428 283-4672 2004 P.O. Box 1041 Kenai, AK 99611 John Hammelman 283-7280 283-5507 (p) ihammelman~ij, unocal.com 2005 4570 Kenaitze Court 776-6750 (f) Kenai, AK 99611 L. Jay Barrett 398-1868 283-1991 (p) theiaybob(/~.!mac.com 2005 P.O. Box 821 283-2230 (f) Kenai, AK 99611 *Ron Goecke 283-9436 283-7070 2006 P.O. Box 3474 Kenai, AK 99611 Barry Eldridge 283-7152 lridgebb(/i)ptialaska.net 2006 2679 Bowpicker Lane 283-7152 (f) Kenai, AK 99611 . Council Member Rick Ross 2838497 rossrck2~;~hotmail.com 1505 Kittiwake Court Kenai, AK 99611 Council Member Jim Bookey 283-4227 283-4227 (p) P.O. Box 326 283-4013 (f) Kenai, AK 99611 *Chair **Vice Chair (11/13/2003) CITY OF KENAI BOARDS, COMMISSIONS/~ COMMITTEE CURRENT LIAISON ASSIGNMENTS CITY BOARDS, COMMISSIONS/~ COMMITTEES Council on Aging Airport Commission Harbor Commission Librar~ Commission Parks & Recreation Commission CURRENT COUNCIL LIAISON Council Member Swarner Council Member Moore Council Member Bookey Council Member Gilman Council Member Porter and Council Member Ross Planning & Zoning Commission Council Member Bookey and Council Member Ross Beautification Committee Council Member Swarner and Council Member Porter OTHERS: Kenai River Special Management Advisor~ Board (KRSMA) '~iEconomic Development District (EDD) ICook Inlet Regional Citizens Advisory Council (CIRCAC) 'Kenai Visitors & Convention Bureau Board Challenger Center of Alaska Board [ Arctic Winter Games City Manager Snow Mayor Williams John Dou§las Council Member Porter Mayor Williams Council Member Moore 11/6/03 INFORMATION ITEMS KENAI CITY COUNCIL MEETING NOVEMBER 19, 2003 o 11/03, Challenger Learning Center of Alaska, The Mission Link. . 11/03 Kenai Municipal Airport Monthly Enplanement Report . 11/20/03 Kenai River Special Management Area Advisory Board meeting agenda and minutes of 10 / 16 / 03 meeting. , 11/18/03 Kenai Peninsula Borough Assembly Meeting Agenda and copy of Ordinance No. 2003-41 with memorandum. November 2003 Edition Welcome to "The Mission Link", the monthly newsletter of the Challenger Learning Center of Alaska (CLCA). Summer Camps for 2004 The summer camps schedule is in p/ace for the upcoming summer. This year we'll be offering both residential and day camps, thanks to the addition of boys' and girls' "Space Dorms". This year the week-long summer camps are designed to be "modular"- meaning that a student can attend the same camp either as a day camper or a residential camper. We've also added an option for a parent or grandparent to attend with their camper for an additional fee. Summer activities will include rocketry, flight, robotics, space physics, microgravity, simulated missions, space physiology, and neutral buoyancy (for ages 12-14 only). Dates Da ys Description/Ages June 2004 14-18 M-F 22 T 24 Th 25-26 F-S 28-7/2 M-F Summer Camp ages 12-14 Day Camp ages 7-9 Day Camp ages 7-9 Flight Overnight ages 8-10 & 11-13 Summer Camp ages 12-14 July 2004 6 T 8 Th 9-10 F-S 12-16 M-F 20 T 22 Th 23-24 F-S 26-30 M-F Day Camp ages 7-9 Day Camp ages 7-9 Flight Overnight ages 8-10 & 11-13 Summer Camp ages 10-12 Day Camp ages 7-9 Day Camp ages 7-9 Flight Overnight ages 8-10 & 11-13 Summer Camp ages 10-12 August 2004 3' T 5 Th 6-7 F-S 9-13 M-F Day Camp ages 7-9 Day Camp ages 7-9 Flight Overnight ages 8-10 & 11-13 Summer Camp ages 12-14 Fees for summer camps and activities will be: Summer Camp ages 10-12 (no dive session): Overnight: $55/day; $275/week Day Camp: $35/day; $175/week Summer Camp ages 12-14 (includes dive session): Overnight: $60/day; $300/week Day Camp: $40/day; $200/week A parent or grandparent may attend the summer camp with their student, including overnight camping in the dorms, for an additional fee (same cost as camper). Lunch is included for day campers at summer camp, and all meals and snacks are included in residential camp fees. Day Camp ages 7-9 Day camp is two hours long and no meals are included. Cost is $20/student, and a parent may attend with their camper for an additional fee (same cost as camper). Flight Overn(qht ages 8-10 & 11-13 Flight Overnight runs from late Friday afternoon through noon on Saturday. It includes a simulated mission and space activities, overnight camping in the dorm, and all meals and snacks. Cost is $125/student, and a parent may attend with their camper for an additional fee (same cost as camper). Camps have minimum and maximum camper requirements, and are available on a first- come, first-serve basis. Call us at 283-2000 for more information, or to register your student. New Employee Carl Liebes joined our staff in October as Custodian/Maintenance. We are VERY glad to have him assisting Kathy Jewell with building maintenance and event set-up and break down! Box 1035, Kenai AK 99611-1035 Tel: 907-283-2000 Fax: 907-283-2279 ww'w.akchallenger, org gospac, e.. (~/~akchallenger.org CLCA to Carry Launch Insignia Items in Gift Shop and Online Beginning with the March 2004 launch, the Challenger Center Gift Shop will carry [nsigni~ items ~or the Alask~ Aerospace Development Corporotion and ~or [ndividual launches from the Kodiak Launch Facility. Watch our web page at htto://www, akchaflenqer, org after the first of the yoar ~or their debut in our onfine storot. Support CLCA Through Your Donation The Challenger Learning Center of Alaska is a private nonprofit 501-C3 organization. Your donations are tax-doductible - please see your tax advisor ~or specifics. I'd like to support the Challenger Learning Center of Alaska through my donation of: $25. $50. $100. $250. ___$500. other (list) My Name E-maih Address: I___do do not give CLCA permission to publish my name as a CLCA donor. Thank you/. You may mail your donation with the above information to the address below, or call (907) 283-2000 to make a one-time or monthly donation via VISA or MasterCard. 9711 Kenai Spur Highway, Kenai, AK 99611 (907) 283-2000 phone (907) 283-2.279 fax www. akchallenger, org Please send subscription changes, additions, or cancellations to dawn.bafley@akchaflenqer, or.q Box 1035, Kenai AK 99611-1035 Tel: 907-283-2000 Fax: 907-283-2279 w'w'w, akc hallenger, org gospacel?.~hakchallenger, org ne! Municipal Airport 2003 Monthly Enplanements 5,000 O · tiSeriesl i 6,120 Era 1998-2002 Month 2003 2002 5 yr. Avera~le Jan 6,454 7,829 - 1,375 8,055 Feb 5,602 7,046 - 1,444 7,302 Mar 5,280 7,371 -2,091 8,154 Apr 5,367 6,902 - 1,535 7,032 Ma)/ 5,848 6,880 - 1,032 7,702 Jun 5,988 6,740 -752 8,815 Jul 9,445 9,979 -534 11,962 Au~ 7,674 8,644 -970 10,432 Sep 6,435 6,684 -249 7,697 Oct 6,120 6,309 -189 7,701 Nov 6,023 7,407 Dec 6,249 7,457 ...... Totals 64,213 86,656 -10,171 KENAI RIVER Special Management Area "Working together...for the river" Ie II. *** Meeting Agenda*** Thursday, November 20, 2003 7:00 p.m. --- Kenai River Center CALL TO ORDER A. Roll Call B. Approva1 of 10/16/03 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS IV. A. Kenai River Hydrocarbon Stud.,,' 2003, Tim Stevens and Kent Patrick- Riley, ADEC B. Update on Contaminated Sites, Jim Frechione, ADEC C. Kenai River Guide Limitations - where do we go from here? OLD BUSINESS Ve VI. A. Kenai River Center Update, Suzanne Fisler PUBLIC COMMENT ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD ThUrsday October 16, 2003 7:00 pm Kenai River Center i!. i11. CALL TO ORDER The meeting was called to order at 7:05pm by Vice Chair Robin West. President Ken Lancaster was unable to attend. Ae Roll Call Members Present: Chris Degernes, Jim Golden, Tom Vania, Linda Snow, Rick Wood, Paul Shadura, Pete Sprague, Ted Wellman, Dave Westerman, Roland Maw, Robin West. Members Absent: Jonne Slemons, Ken Lancaster, Joe Connors, Bill Shuster Be Approval of May 15, 2003 minutes: The minutes were approved as written. CJ Agenda Changes and Approval' There were no changes made. PUBLIC COMMENT Dwight Kramer, Chair of the Fish &Game Advisory Committee told the members he is seeking input regarding guide numbers during their upcoming winter discussions. Dwight supported the moratorium last year. He would like to establish a baseline guide number with public input through the various user groups, and urged the KRSMA Board to consider working with their group. NEW BUSINESS Al Gary Morrison, Parks Director Chris Degernes introduced Parks' new Director, Gary Morrison. Gary said he appreciates the opportunity to meet all the board members and would like to work with the KRSMA board on the many issues the board faces. Gary then gave background on himself: 38 years in Forest Service, with half spent in Alaska mainly in the Juneau and Sitka area. He has been working on getting a sense of issues within the State Parks in these past 5 months, and has visited all the main areas of Alaska State Parks. Gary said the advisory boards are critical to Alaska State Parks with the Kenai River high on the agenda. He told the board the Governor has tasked him with 2 priorities' seek to save money in the operations of park units by contracting out some units; and second' focus on the management of the Kenai River. Paul' Guide moratorium was enacted by the previous administration and the present administration discontinued it. With the Kenai River being such a high priority does the Governor have plans for limiting guides? Gary: The guide moratorium could not withstand a legal appeal, so was set aside. Gary said he would like to see some analysis done that can withstand the test of the law. F&G are apparently going to do an assessment of guide issues not only on this river but other rivers within the state. Suggested the board work with F&G. Concern' it will take a number of years. Gary said he would like to find the money to finish the boat wake study. He said COE has some money to help with additional studies, but needs a match of non- federal money. Gary said the potential for any staffing changes on the Kenai River is unlikely: no additions and no less that what we have presently. Ted' wants a commitment from DNR on finding an acceptable process to follow dealing with the guide issue. He said we have been down this road many times only to find out the process used was not legal to do. Ted said the board needs confidence in what is legal. He added the board needs someone proactive to say what specific guidelines must be met before we do more studies. Gary: Agreed we need to know what the process will be. Would like to work with the Board and others to establish appropriate guidelines. Bm Soldotna Urban Project & Sterling Highway MP 45-60 Project Updates, DOT Project Managers Judy Dougherty and Miriam Tanaka Judy Dougherty gave the update on the Soldotna Urban Project (Kenai River bridge project). There will be a temporary bridge on the upstream side of the current bridge. There would have been too many impacts to Riverside Lodge if the temporary bridge had been located on the downstream side as originally proposed. Judy said they are working with DEC on the River Terrace side. They will be driving piles and DEC will still be able to work on their test wells. Judy brought a handout with picture and a plan sheet which outlines the project. The new bridge will be about 25 feet longer on the Kenai River Special Management Area Advisory Board Page 2 of 7 Minutes- October 16, 2003 Homer side. The contractor will have to provide a navigation plan as the project will impact normal boating patterns. One channel or the other will need to be open between 6/15 and 8/15 between the hours of 5am to 7pm. Outside of these dates and times, it is expected that the river will be closed to boating. Paul: Asked if a barge will be used on the river. Judy said that a barge is not needed for this project like it would have been with the clear span bridge idea. Pete: Will pedestrians be able to get across the temporary structure? Judy said pedestrian traffic will not be accommodated for the 2 years they will be constructing due to the narrowness of the temporary bridge and wiring and such that could harm pedestrians. Ted: Asked what the timeline for this project will be. Judy said it will go out to bid in Jan/Feb 2004; the contractor should be awarded in April with work to commence by June 15. Work will continue through 2005 with wrap up in the spring of 2006. Miriam Tanaka (ADOT) and Mark Dalton (HDR) then reported on the Sterling Highway Project 45-60. Miriam said the last time she talked to the board there were 10 alternatives identified. They have been evaluated and out of those, 3 alternatives and a "no build" alternative have been identified. Evaluation was done with public meetings as well as agency meetings. Mark Dalton then reviewed the 3 alternatives: "Cooper Creek Alternative", '"G' South Alternative, "Juneau Creek 'F' Wilderness Alternative" and the "No- Build Alternative". A handout was supplied to the board members outlining these alternatives. Key concerns are the wetland identification and identification of sensitive plant species on USFS lands. Mark suggested that board members check out their web site for more detailed information: www.sterlinghighway.net. Chris' Asked Mark how they chose the alternatives they did. Mark said it is to provide a section of highway that is consistent with the highway on either side of MP 45-60. Other considerations were how well does the highway convey traffic; highway designs and standards; curvature, etc. Paul: is the plan to take the old bridges out? Mark said if the Juneau Creek alternative is selected, the old bridges would not get attention. Paul said he is interested in the least impacts possible. Kenai River Special Management Area Advisory Board Page 3 of 7 Minutes- October 16, 2003 Om Dm Dave W' Asked what happens if the "no build" alternative is chosen. Mark said the "no build" would mean nothing is done to the highway. Dave is concerned about wildlife in the area. Ted' What is the time frame in which decision is to be made on an alternative? Mark: The intent is to have a decision in the winter of 2004/05 for go ahead in 2005. Establishing Board Priorities for the 2003-04 season The board members reviewed the list sent out in their packets. Some discussion occurred about the numbering of the priorities. Robin said these are not ranked by priority. Rick wanted to know if there would be funding to complete the Boat Wake Study. Chris said it may still be a tangible goal if grant funds can be secured. Paul said he does not see anything on the priority list that can be taken out. Roland' The title of "Fishing Guide Moratorium" needs to be renamed. For example call it "Fishing Guide Management". Robin' Each of these items was addressed in the comp plan as priorities. Pete: Suggested taking off the numbers and use letters to keep from prioritizing one item over the other. Ted made the motion to remove the numbers and replace with alpha letters. Linda seconded the motion. Ali agreed and ali voted yes on the motion to retype the list with alpha letters. Board Vacancies Chris noted there are 2 board seats that need to be filled. There are also 4 board seats up for reappointment: Joe Connors, Ted Weilman, Paul Shadura and Dave Westerman. Ali four are interested in reappointment. Chris said the board received copies of the applications submitted: John Nelson, Jeff King, Richard Hahn, and Floyd Heimbuch. Motion was made by Ted to forward the applications to the Commissioner without specific recommendation. Pete seconded the motion. Called to a vote and all were in favor. Motion carried. Kenai River Special Management Area Advisory Board Page 4 of 7 Minutes - October 16, 2003 iV. OLD BUSINESS Aa 2003 Field Season Report, Bill Berkhahn Bill began the 2003 season presentation by recognizing the 17 volunteers in the Kenai River District. The volunteers contributed over 14,000 volunteer hours in the KR units. Volunteers perform a variety of functions' fee compliance, record keeping, visitor info, painting, litter pickup, installing and repairing barrier fences, in addition to the volunteers there are 3 Park Rangers' Don Barber, with 20 years experience, Bill Berkhahn, with 16 years, Jacques Kosto with one season at Parks but previous experience as a FWP Trooper. There was also 1 Natural Resource Tech and 1 Alaska Conservation Corps employee assigned to work on the Kenai River. This staff represents the bare minimum to do what needs to get done in the Kenai River area. Bill Said without volunteers they could not do it. Volunteers take care of the routine daily chores especially during peak season when the rangers need to be on the river. Some of the accomplishments this season' · lzaak Walton' more tree removal due to spruce bark beetle mortality; young trees are being transplanted into the site. · Bing's Landing' lots of spruce bark beetle infested trees downed there too. Morgan's Landing: The final stages of the ADA wheel chair accessible fishing platform are close to completion. The funding for this was provided in part by Kenai River Sportfish Inc. · Pillars' Boat ramp repairs. · Pipeline crossing' a new bank closure area was posted and the vegetation is doing well. · Kenai Flats: Very busy area during the dipnet fishery. Bill said he was disheartened to see 4-wheeler traffic going across the wetlands in this area. Cooper Landing Boat Launch' There are year round hosts here to helP keep the park in good shape. The traffic counter shows 60,000 vehicles stop there each year. "Kids Don't Float" Life Jacket loaner boards currently have 6 displays. This year for the first time, one was placed at Dots Fish Camp. The Kenai River rental boat and inspection program continued. Boating Safety educational programs continued with training in local schools. Bill then reported on law enforcement. The rangers issued 342 citations so far this year. These were in addition to numerous verbal warnings. 101 guides were cited for their failure to submit End of Kenai River Special Management Area Advisory Board Page 5 of 7 Minutes- October 16, 2003 Bm Season reports. He gave examples of citations; fees, parking, unregistered boats, 2 guides were sited for violating guide stipulations. An ongoing issue is with capsized boats, with occupants generally not wearing life jackets. Lower river: there were fewer complaints this year that may be attributed to the great king run. Bill then provided special recognition for some outstanding people: Dale and Maxine Dingman, volunteer hosts at the Pillars. From mid- June to mid-August they were up before dawn greeting the public, assisting in any way they could to keep the park operating smoothly. Wayne Dodson, host at Bing's went way beyond the scope of his duties. He rebuilt the Kids Don't Float Life Jacket stations. Jerry and Bonnie Streiby: as visitors and users, they helped a lot in assisting the hosts, provided the hosts with a fishing trip. Dan Schaaf, who has a place upstream from Bings Landing. Always treated the Bing's hosts with courtesy. He would come in with the newspaper and a fresh loaf of bread, or take the hosts fishing. Kenai River Center Update, Suzanne Fisler Suzanne said 172 projects for permit action have been submitted from June 1st through the present. Of those, 41 needed permits from DNR. Some of the permits pending are: Gary Gaibraith, rock vanes in Cooper Landing; currently waiting for a report from COE. Alaska Rail Road is still having problems with their rock protection near Kenai Lake. River Quest's subdivision plat is on hold. (Pete Sprague said there is a decision to remand and the Planning Commission is looking at 7 areas of concern.) Castaway Cove replaced their bridge. Riverwood Subdivision received a permit to expand their parking lot. The Bateman project, road from Site 17 which crosses wetlands to Honeymoon Cove, is working out a solution with CIRI. CIRI will allow Bateman's to build a private road through CIRI lands, who will in turn do some improvements to culverts. George Siter asked for permit to placer mine along Crescent Creek. It was granted as long as there is no vegetative disturbance within a 200 ft corridor. Fairweather Geophysical Seismic testing in March/April was not completed due to early break up, but is ready to pick it up again this fall. Sam McDoweil's property now has water monitoring equipment placed by Mike Lilly to look at the ground water interchange. There is a new ADA fishing area behind the KRC. Suzanne invited the board members to check it out. Suzanne said the "pillars" will finally be removed from the area upstream from the Pillars boat ramp, as they are a navigational hazard. Kenai River Special Management Area Advisory Board Page 6 of 7 Minutes- October 16, 2003 Vg Vi. Suzanne asked the board to think about the following issue regarding floating docks. It has been a stipulation for permittees with floating docks to remove them every winter. There have been several requests from folks who would like to leave them in place and let them go dry on the river bed. Suzanne said some of the floating docks would not be damaging any habitat by leaving them on the riverbed. Roland suggested allowing the non-removal for 1 year to see how that works so DNR would not be locked into a decision. Robin asked folks to think about it and then let Suzanne know. Suzanne handed out a sheet with the 2003 guide statistics. This year there were 5 orientation sessions conducted. In 2004 the orientation will be only for new guides. There were 469 Commercial Use Permits issued for the Kenai Area, of which 387 were Kenai River Guides. Suzanne also handed out a list of guide complaints received this year. Several were guides complaining about other guides. PUBLIC COMMENT No public comment. ADJOURNMENT A~ Board Comments Paul' Kenai/Soidotna F&G Advisory Committee met last night. Paul said they wanted to know what role this board plays in the river management issues. Paul said it was nice for the chairman Dwight Kramer to address the board tonight and solicit help. Pete: Regarding the Soldotna Bridge project he is concerned about no pedestrian traffic for 2 years across the bridge. Ted: Thanked Gary Morrison for coming down tonight. Roland: Would like to explore legal means of implanting guide limits. He suggested some kind of fee structure, possibly increasing fees. Bm Date/Agenda of Next Meeting: November 20, 2003 DEC will provide information on the hydrocarbon study done during the past summer Kenai River Special Management Area Advisory Board Page 7 of 7 Minutes - October 16, 2003 Kenai Peninsula Borough A$$emb/y Agenda November [8, 2003 - 7'00 p.m. Regular Meeting Borough Assembly Chambers, Soldotna, Alaska A. CALL TO ORDER B. PLEDGE OF ALLEG:ZANCE C. :[NVOCAT]:ON D. ROLL CALL E. COMMTI-FEE REPORTS F. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. G. COMMEND]:NG RESOLUTZONS AND PROCLAMATZONS H. APPROVAL OF M?NUTES '1. October 28, 2003 Regular Assembly Meeting Minutes :[. PUBL:I:C COMMENTS AND PRESENTATJ:ONS - Items other than those appearing on the agenda (3 minutes per speaker, 20 minutes aggregate) .1. REPORTS OF COMMZSSZONS AND COUNCZLS K. MAYOR'S REPORT 1. Agreement and Contracts a. Spruce Bark Beetle Mitigation Program' · Approval of contract with Kenai Peninsula Stump Maker for Sterling Highway #1, #2, #3 and #4 ROW Proiect · Approval of contract with Douq Koch Professional Tree Service for Belnap Drive ROW Proiect · Approval of contract with Paul's Services for Pitzman Avenue ROW Proiect · Approval of contract with S&R Enterprises for Kenai Fire Wise Slash Disposal Proiect b. Approval of contract with Seqesser Surveys, Inc. for ROW Acquisition Plat for ChiriKof Drive c. Approval of contract with Integrity Surveys .for Platting of Cooper Landing Senior Citizen Subdivision d. Approval of contract with J&R Services for Hockey Rink Maintenance at Soldotna Elementary_, Skyview; Kenai and Soldotna Hiqh Schools e. Approval to purchase Bridqe Sections from Resurrection River Crossing, Seward 2. Other a. Kenai Peninsula Small Business Development Center- Fourth Quarter Report - July z, 2003 throuqh September 30, 2003 b. Capital Pro~ects Progress Report- November 2003 L. TTEMS NOT COMPLETED FROM PRZOR AGENDA M. PUBL]:C HEARZNGS ON ORDZNANCES (Testimony limited to 3 minutes per speaker) 1. Ordinance 2003-19-19: Appropriating $14,000 from the Anchor Point Fire and Emergency Medical Capital Project Fund Balance for the Purchase of a New Lifepacks 12 Defibrillator (Mayor) (Referred to Finance Committee) 2. Ordinance 2003-19-20: Authorizing the Acquisition of Lot 6, Block 9, Fairview Subdivision, Plat No. 56- 2936, Homer Recording District, for an Addition to the South Peninsula Hospital and Appropriating $182,600 to Acquire the Property (Mayor) (Referred to Lands Committee) 3. Ordinance 2003-19-21' Accepting and Appropriating $17,900 from the Alaska Department of Military and Veterans Affairs, Division of Emergency Services, to Continue the Work of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee) 4. Ordinance 2003-19-22' Accepting and Appropriating a Grant from the Federal Emergency Management Agency in the Amount of $58,277 for the Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee) 5. Ordinance 2003-19-23' Approving the Purchase of a New Magnetic Resonance Imaging (MRI) System for the Central Peninsula General Hospital at a Cost Not to Exceed $1.3 Million with Funding to be Provided by ApPropriating $300,000 in Grant Funds from the Denali Commission, $500,000 from the Plant, Replacement, and Expansion Fund, Redirecting $320,000 in Previously Approved Capital Equipment Appropriations, and $180,000 for a Trade-In Allowance on the Existing MRI (Mayor at the Request of CPGH I nc.) (Referred to Finance Committee) 6. Ordinance 2003-19-24' Accepting and Appropriating a Grant from the Denali Commission in the Amount of $250,000 for a Bulk Oxygen Generating System at South Peninsula Hospital (Mayor) (Referred to Finance Committee) 7. Ordinance 2003-28' Authorizing the Negotiated Sale at Fair Market Value of a 6-Acre+ Parcel Located in the Beluga Area to Unocal (Mayor) (Referred to Lands Committee) 8. Ordinance 2003-36' Amending KPB 20.40.080 and KPB 20.40.130 to Provide Separate Agenda Headings for Scheduled Presentations and for Unscheduled Public Comment on Non-Agenda Items (Sprague, Martin, Long, Glick) (Referred to Policies and Procedures Committee) 9. Ordinance 2003-37' Authorizing the Negotiated Sale at Fair Market Value of Government Lot 6, Section 25, T3S, R15W, S.H., Alaska to Richard and Victorine Willard (Mayor) (Referred to Lands Committee) ~0. Ordinance 2003-38' Authorizing the Negotiated Sale at Fair Market Value of a 0.18-Acre+ Parcel Located Adjacent to Lot 8, Lakeview Estates Subdivision, to Monika Hatton (Mayor) (Referred-to Lands Committee) 11. Ordinance 2003-38 {Hayor's) Substitute: Authorizing the Neg6tiated Sale at Fair Market Value of a 0.18-Acre+ Parcel Located Adjacent to Lot 8, Lakeview Estates Subdivision, to Monika Hatton and a 0.04 Acre_+ Parcel Located Adjacent to Lot 7, Lakeview Estates Subdivision, to Nike and Marcia Kardatzke (Mayor) (Referred to Lands Committee) :[2. Ordinance 2003-39' Amending KPB Chapter 2.58, Conflicts of ]:nterest (Sprague, Glick) (Referred to Policies and Procedures Committee) 13. Ordinance 2003-40: ]~ncorporating the 2003 Kenai Peninsula Borough Transportation Plan as an Element of the Kenai Peninsula Borough Comprehensive Plan (Mayor) (First of Two Hearings) (Referred to Lands Committee) 14. Ordinance 2003-41' Authorizing the Negotiated Sale at Less Than Fair Market Value of a 23.3-Acre_+ Parcel Located in the Cooper Landing Area to Cooper Landing Senior Citizen Corporation, ]:nc. (Mayor) (Referred to Lands Committee) N. UNFZNZSHED BUSZNESS 1. Postponed Items a. Resolution 2003-115' Awarding the Contract for Radio Broadcasting to Kachemak Bay Broadcasting, :[nc. (KBS]:) (Mayor) (Referred to Policies and Procedures Committee) O. NEW BUSZNESS 1. Bid Awards *a. Resolution 2003-120' Authorizing Award of Contract for Professional Services for the Kenai Spur Road Extension Project- National Environmental Protection Agency (NEPA) Scoping and Reconnaissance Survey (Mayor) (Referred to Finance Committee) 2. Resolutions *a. Resolution 2003-121' Authorizing and Providing for the Issuance of Not to Exceed Forty-Nine Million Nine Hundred Thousand and No/100 Dollars ($49,900,000) in Aggregate Principal Amount of Central Kenai Peninsula Hospital Service Area ("Service Area") General Obligation Bonds ("Bonds"), to Pay Costs Related to Capital Improvements for the Central Peninsula General Hospital and Related Capital ]:mprovements; Fixing Certain Details of the Bonds; Providing for the Form and Manner of Sale of the Bonds; Pledging the Full Faith and Credit of the Service Area to the Payment Thereof; Authorizing the Finance Director or Controller to Negotiate and Execute a Contract for the Purchase and Sale of the Bonds; and Related Matters (Mayor) (Referred to Finance Committee) c. Resolution 2003-122: Supporting a Gulf of Alaska Groundfish Rationalization Plan that Unlocks the Value of the Kenai Peninsula Borough Renewable Fishery Resources, Ensures Competitive Processing Markets and Allows for Reasonable Growth for Kenai Peninsula Ports, and Promotes Conservation of Fishery Resources (Moss) (Referred to Legislative Committee) d. Resolution 2003-123: Requesting Amendment of Alaska Statutes 31.05.125 and 38.05.:L77(O), Which Authorizes the Department of Natural Resources Commissioner to Waive Compliance with Local Laws for Shallow Natural Gas Leases in Limited Cases, and Requesting Additional Public Notice Requirements (Martin) (Referred to Legislative Committee) 3. Ordinances *a. Ordinance 2003-19-26: Accepting and Appropriating a Grant in the Amount of $30,000 from the Alaska Office of Homeland Security and Emergency Services for Preparing an Ali-Hazard Mitigation Plan (Mayor) (Hearing on 12/16/03) (Referred to Finance Committee) *b. Ordinance 2003-19-27: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security in the Amount of $206,485 for Emergency First Responder Equipment and Training Exercises (Mayor) (Hearing on 12/16/03) (Referred to Finance Committee) *c. Ordinance 2003-19-28: Appropriating $1,500,000 for Preliminary Design of the Central Peninsula General Hospital (CPGH) Expansion Project (Mayor at the request of CPGH, Inc.) (Hearing on 12/16/03) (Referred to Finance Committee) *d. Ordinance 2003-45: Amending KPB Chapter 5.12 to Provide for a Flat Tax of Aircraft (Moss) (Hearings on 12/16/03 & 01/06/04) (Referred to Finance Committee) 4. Other *a. Approval of 2004 Assembly Meeting Schedule (Referred to Policies and Procedures Committee) *b. Confirming Appointments to the Seward-Bear Creek Flood Service Area Board (Referred to Policies and Procedures Committee) Appointment Board Seat Term Expires Blaine Bardarson *A October 2004 Hark L. Beals *B October 2004 Kerry T. Martin *C October 2004 David W. Hayes D October 2004 Tina E. McLean E October 2004 David L. Squires *F October 2004 Peter E. Simon G October 2004 *As required by KPB Ordinance 2003-30, Seats A, B, C and F shall be fi/led by res/dents of the City of Seward P. PUBLTC COMMENTS AND PUBL];C PRESENTAT]:ONS (3 minutes per speaker) Q. ASSEMBLY MEET]:NG AND HEARZNG ANNOUNCEMENTS December 16, 2003 7:00 PM Regular Assembly Meeting Soldotna R. ASSEMBLY COMMENTS S. PEND:[NG LEG[SLAI'[ON (This item lists legislation which will be addressed at a later date as noted.) Ordinance 2003-40' :Incorporating the 2003 Kenai Peninsula Borough Transportation Plan as an Element of the Kenai Peninsula Borough Comprehensive Plan (Mayor) (Final Hearing on 12/16/03) (Referred to Lands Committee) Ordinance 2003-42' Amending KPB Chapter 2.34 to Change the Risk Management Committee School District Member's Title (Mayor) (Hearing on 12/16/03) (Referred to Policies and Procedures Committee) Ordinance 2003-43' Authorizing the Assessor to Assess Low-income Housing Tax Credit (LIHTC) Projects Based on Restricted Rents (Mayor) (Hearing on 12/16/03) (Referred to Finance Committee) Ordinance 2003-44' Amending KPB Chapter 5.12 to Permit Boats Used as a Primary Residence to Be :Included in the Senior Citizen Exemption from Property Taxes (Mayor) (Hearing on 12/16/03) (Referred to Finance Committee) Ordinance 2003-19-25' Providing for a Supplemental Appropriation of $32,000, for the Purchase of a Van for the N/k/ski Senior Service Area (Mayor) (Hearing on 12/16/03) (Referred to Finance Committee) Resolution 2003-094: Supporting CS for HB 240 and SB 186, Acts Relating to Charitable Gaming Through ]:mplementation of Electronic Gaming Machines (EGM) in the State of Alaska (Superman) (Referred to Legislative Committee) (Postponed to First Meeting in February 2004) T. 1~NFORMATZONAL MATER]:ALS AND REPORTS U. NOT1:CE OF NEXT MEETZNG AND AD3OURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on December 16, 2003, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KPEN-FI¥ 101.7 (Central Peninsula), KPEN-FI¥ 102.3 (Homer), KGTL- AM 620 (Homer), KPEN-FN 99.3 (Anchor Point & Se/dovia), KPEN-FI¥ 100.9 (Kachemak City & East End). Cop/es of agenda items are available at the Borough Clerk's Office or outs/de the Meeting Room just pr/or to the meeting. For further information, p/ease ca//the Clerk's Office at 262-8608 or toil free w/thin the Borough at 1-800-~78-,t441, Ext. 308. Visit our website at www. borough, kena/.ak, us for cop/es of the agenda, meeting summaries, ordinances and resolutions. Introduced by: Date: Hearing: Action: Vote: Mayor 10/14/03 11/18/03 KENAI PENINSULA BOROUGH ORDINANCE 200341 AN ORDINANCE AUTHORIZING THE NEGOTIA~TED SALE AT LESS THAN FAIR MARKET VALUE OF A 23.3-ACRE+ PARCEL LOCATED IN TI-~ COOPER LANDING AREA TO COOPER LANDING SENIOR CITIZEN CORPORATION, INC WHEREAS, the Kenai Peninsula Borough (KPB) owns the subject land; and WHEREAS, the subject land is classified Institutional by KPB Assembly Resolution 2003-93; and WHEREAS, the Cooper Landing Land Use Plan idemified a need to provide for senior housing, and the Cooper Landing community has shown support for the development of a senior campus; and WHEREAS, 28 percent of the Cooper Landing population is age 60 or older, and no senior housing is available within 50 miles of Cooper Landing; and WHEREAS, Cooper Landing Senior Citizen Corporation, Inc. (CLSCCI), a nonprofit corporation, is the only entity in the Cooper Landing area dedicated to serving the needs of senior citizens; and WHEREAS, CLSCCI has created a senior campus developmem plan and secured funding through the Alaska Housing Finance Corporation, Greater Oppommities for Affordable Living Program, to begin implementing that plan; and WHEREAS, CLSCCI has submitted an application for the negotiated purchase, at less than fair market value, of the subject 23.3 acres, more or less, for the purpose of developing a senior campus; and WHEREAS, KPB assessors appraised the currem fair market value of the subject property at $242,000.00; and WHEREAS, in public testimony, representatives of CLSCCI acknowledged their willingness to comply with reversionary clauses for the conveyance of title if construction of the senior campus on the subject site is not feasible; and WHEREAS, the KPB Planning Commission at its regularly scheduled meeting of November 10, 2003 recommended ... Kenai Peninsula Borough, Alaska New Text Underlined', [DELETED TEXT BRACKETED] Ordinance 2003-41 Page I of 4 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Assembly finds that selling 23.3+/- acres substantially as shown on Attachment A pursuant to KPB 17.10.100 (I) is in the best interest of the public and the borough. The Assembly additionally makes an exception to KPB 17.10.110 (notice of a land sale). This exception is based on the following findings of facts pursuant to KPB 17.10.230' le Special circumstances or conditions exist. m. Be Ce Do Providing land to the Cooper Landing Senior Citizen Corporation, Inc. for developing a senior campus is in the best interest of the public. The proposed site is the best available location for senior housing needs. The purpose of the KPB 17.10.110 advertising requirement is to notify the public of an opportunity to purchase or lease KPB land and advertising this sole source sale to Cooper Landing Senior Citizen Corporation, Inc. will not serve a useful purpose. The conveyance is advertised by publication of the ordinance in the newspaper and on the borough's Web page. Notice of the conveyance is also published by the planning commission agenda in the newspaper, and a public hearing is held at the planning commission level. e That the exception is necessary for the preservation and enjoyment of a substantial property fight and is the most practical manner of complying with the intent of this chapter. m~ The Cooper Landing Senior Citizen Corporation, Inc. is the only entity in the Cooper Landing Area with the resources, commitment, and support to reasonably serve the senior facility needs that is the designated purpose for the subject land. go That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area. me Bo The proposed use of the subject land is consistent with the intern of the Cooper Landing Land Use Plan. The proposed use of the subject land has the support of the Cooper Landing community. SECTION 2. The Assembly authorizes the sale of land described in Section 1 above for an amount other than fair market value pursuant to KPB 17.10.120 (D) based on the following findings of fact: Ordinance 2003-41 Page 2 of 4 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska o Sale for an amount other than fair market value is in the best public interest because: Ao B~ Ce There is a demonstrated need and desire for organized senior housing in Cooper Landing which can best be accomplished by working cooperatively with the Cooper Landing Senior Citizen Corporation, Inc. Cooper Landing Senior Citizen Corporation, Inc. must have an interest to the land in order to ~tilize grant funds. The land described in Section 1 above is the best available and most appropriate location for the proposed use. Additionally the Cooper Landing Senior Citizen Corporation, Inc. is the most appropriate entity to administer suer development. SECTION 3. Based on the foregoing, the mayor is hereby authorized, pursuant to KPB 17.10.100 (I) to sell and convey, through quit-claim deed, the land described in Section 1 above to the Cooper Landing Senior Citizen Corporation, Inc. for $1.00 (One Dollar) subject to the terms and conditions of this ordinance. The authorization is for sale solely to the Cooper Landing Senior Citizen Corporation, Inc. and it may not assign any rights to negotiate or emer an agreement for lease to any other person or emity. SECTION 4. The mayor is authorized to subdivide the 23 acres in a manner appropriate to development of the senior campus. There shall be 17 comiguous acres available for subdivision and developmem. The remaining acreage shall be reserved by the borough for recreational purposes. SECTION 5. If it is found that the land described in Section 1 above will not feasibly support the development of a senior campus on the property, then the deed to the property shall revert to the Kenai Peninsula Borough and, upon recordation of the reversionary deed, the Cooper Landing Senior Citizen Corporation, Inc. shall peaceably release all rights to the property, and a resolution to reclassify the subject land to its original classification shall be submitted to the Assembly for consideration. SECTION 6. If the developmem of a senior campus on the land described in Section 1 above is, for any other reason, not substantially completed, as defined by the borough in the conveyance agreemem, then, at the discretion of the Assembly and authorized by resolution, the property shall revert to the Kenai Peninsula Borough and, upon recordation of the reversionary deed, the Cooper Landing Senior Citizen Corporation, Inc. shall peaceably release all rights to the property and a resolution to reclassify the subject land to its original classification shall be submitted to the Assembly for consideration. SECTION 7. Cooper Landing Senior Citizen Corporation, Inc. shall have 120 days from the date an offer is extended by the administration pursuant to this ordinance to accept the offer. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT ilRACKETED] Ordinance 2003-41 Page 3 of 4 SECTION 8. The mayor is authorized to negotiate and sign any documents necessary to effectuate the intents and purposes of this ordinance after the plat is recorded. SECTION 9. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY OF * 2003. ATTEST' Pete SpragUe, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2003-41 Page 4 of 4 New Text Underlined; [DELErED TEXT BRACKETED] Kenai Peninsula Borough, Alaska MEMORANDUM Pete Sprague, Assembly President Kenai Peninsula Borough Assembly Members THRU: Dale Bagley, Mayor Max Best, Planning Director Paul C. Ostrander, Land Management Officer FROM: Marcus A. Mueller, Land Management Agent DATE: /~ SUB3ECT: October 2, 2003 Ordinance 2003-41: Authorizing the Negotiated Sale of 23.3+/- Acres in the Cooper Landing Area at Less Than Fair Market Value to the Cooper Landing Senior Citizen Corporation, ]:nc. The Cooper Landing Senior Citizen Corporation, ]:nc. has submitted an application for the negotiated purchase of 23.3 +/- acres of land that is classified as Tnstitutional for the purpose of developing a senior campus. Senior housing is an identified need in the Cooper Landing Land Use Plan. Senior citizens make up a significant portion of the Cooper Landing area populace, and no senior facilities are locally available. The Cooper Landing community has come together to support the development of a senior campus on the subject property. More specifically, the community has rallied behind Cooper Landing Senior Citizen Corporation, ]:nc. to carry out development of the needed facilities. The attached ordinance would, if approved, authorize the sale of 23.3 acres +/- for $1.00 (One Dollar) solely to the Cooper Landing Senior Citizen Corporation, Inc. Resolution 2003-93, which classified the subject land, expressed intent for the subsequent ordinance to include a reversionary clause for the title of the land based on the ability of the land to support the proposed facilities. This draft ordinance imposes such a condition and remedy. The borough is in the process of platting the parcel, and the conveyance may proceed if the assembly approves the conveyance ordinance after the plat is recorded. MAKE PACKETS COUNCIL PACKET D]:$TR]:BUT~ON COUNC:EL MEET'~N~ DATE: Mayor/Council Attorney ~ ' Ta¥1or/$prin~er/Kebschull Clerk v' City Mana~le~ / Public Works Police Department / Finance ~/ Engineer Senior Cente~ / Airport ~' Klm Library / Parks & Recreation / Clarion Fire Department / $chmidt ~'Mellish AGENDA D]:$TI~BUT~ON Sewer Treatment Plant Streets Shop Dock Building Maintenance Animal Control Wet er / Sew er Count er DELZVER Council Packets to Police Department Dispatch desk. The Clarion, Mellish & $chmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible afte~ Noon on packet day. The camera-ready agenda c'/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Pe~/~su/a ~/a~/on (at email folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and ~E hold them in my HTML file. Place them onto the city's web$ite with Front Page from there as soon as possible before leaving the office for the weekend. AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 19, 2003 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http ://www. cl. kena i. a k. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Kay Shearer -- Request and Sign Naming Softball Complex in Honor of Steve Shearer. ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2024-2003 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund Visitors Center Department for Advertising. 2. 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. 3. Ordinance No. 2026-2003 -- Increasing Estimated Revenues and Appropriations by $350,000 in the Boat Launch Capital Project Fund for a State Grant. 4. 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. 5. Ordinance No. 2029-2003 -- Amending the Fine Schedule at KMC 13.10.015. 6. 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. 7. 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. 8. Resolution No. 2003-54 -- Awarding a Sole Source Contract to Motorola in the Amount Not to Exceed $205,027 to Equip the Kenai Emergency Operations Center (KEOC) with an 80' Radio Tower, Antennas, Connectors and Grounding, and the Kenai Police and Fire Departments with Radios Supporting Both Conventional and 800MHZ Alaska Land Mobile Radio (ALMR) Digitally Trunked Operations. 9. *Liquor License Renewal -- Kenai Country Liquor/Package Store. 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. 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. 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 D338/211