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HomeMy WebLinkAbout2004-08-18 Council Packet, Resolution No. 2004-46 -- Transferring $6,000 in the General Fund to Purchase a Vehicle Hoist. o Resolution No. 2004-47 -- Transferring $4,000 In the General Fund for a Geophysical Survey of the Kenai Cemetery to Identify Unmarked Gravesites. o *Liquor License/New-- Charlotte's, Inc., d/b/a Charlotte's - Restaurant/Eating Place Public Convenience. , *Application for Restaurant Designation Permit -- Charlotte's, Inc., d/b / a Charlotte' s. ITEM G: , MINUTES *Regular Meetin§ of August 4, 2004. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS o Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 o o . e *Ordinance No. 2060-2004 -- Increasing Estimated Revenues and Appropriations by $533,333 for Airport Grants. *Ordinance No. 2061-2004 -- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Disc-Golf Materials and Equipment. *Ordinance No. 2062-2004 -- Increasing Estimated Revenues and Appropriations by $11,867 in the General Fund for Library Grants. Approval -- Lease of Counter Spaces No. 34 and 35, Kenai Municipal Airport Terminal Space/Mike Spizak, d/b/a Bellair, Inc. Discussion -- Chamber of Commerce/City of Kenai Proposed Memorandum of Agreement and Budget for Development of Business Attraction Program. ITEM J: ,, COMMISSION/COMMITTEE REPORTS o 2. 3. 4. 5. 6. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission o Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- RecreatiOn Center Litigation. ITEM N: ADJOURNMENT Z ~) 0 MAYOR'S REPORT AUGUST 18~ 2004 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: INSERT: 1-7, Memorandum of Agreement/Kenai Chamber & City of Kenai CITY CLERK CONSENT AGENDA , MAYOR'S REPORT Appointment -- Jason Carroll (Mana§er, First National Bank of Alaska) to EDD Board of Directors as City of Kenai representative. PLEASE PRINT SIGN IN SHEET YII~ ,2004 NAME ADDRESS Suggested by: Administr~ City of Kenai ORDINANCE NO. 2059-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 AND TRANSFERRING $5,000 IN THE GENERAL FUND FOR A GRANT FROM THE STATE OF ALASKA FOR A THERMAL IMAGING CAMERA (TIC) FOR THE CITY OF KENAI FIRE DEPARTMENT. WHEREAS, the City of Kenai was awarded a grant from the State of Alaska Dept. of Natural Resources, Division of Forestry in the amount of $5,000; and, WHEREAS, this award is a grant to equip the Kenai Fire Department with a thermal imaging camera; and, WHEREAS, the required match of $5,000 is available in the General Fund Contingency account; and, WHEREAS, the City will meet grant financial reporting and compliance requirements; and, WHEREAS, it is in the best interest of the City of Kenai to utilize the grant funds for the stated purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The following budget transfers be made: General Fund From: Non-Department- Contingency $5,000 To' Fire Department- Machinery & Equipment $5,0OO Section 2: That estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $5,000 Increase Appropriations: Fire Department- Machinery & Equipment $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (07/28 / 2004) hl Introduced: Adopted: Effective: August 4, 2004 August 18, 2004 August 18, 2004 Suggested by: Councilo~ CITY OF KENAI RF~OLUTION NO. 2004-45 A RESOL~ON OF THE COUNCIL OF THE CITY OF KEN~, ALAS~, AUTHORIZING THE CITY MANAGER TO DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE THE PUBLIC ABOUT THE IMPORTANCE OF WEARING PROTECTIVE HELMETS WHILE RIDING BICYCLES, SIMILAR VEHICLES OR ICE SKATING AND TO PROVIDE INCENTIVES FOR PERSONS UNDER THE AGE OF 18 YEARS TO WEAR SUCH PROTECTIVE HELMETS. WHEREAS, the Council of the City of Kenai is concerned that minors riding bicycles, unicycles, skateboards, motorized or non-motorized scooters, toy motoh2ed vehicles or using m-line, roller or ice skates (hereinafter "bicychsts") suffer injuries that could be avoided or lessened if they were protected by helmets; and, WHEREAS, the Council of the City of Kenai finds that the death and disability of minor bicyclists and ice skaters accident victims is a serious threat to the public health, welfare and safety of the people of Kenai; and, WHEREAS, a study in the July 2004 issue of medical journal Pediatrics shows that children who ice skate are at risk for head injuries and should wear a protective helmet while skating; and, WHEREAS, the Consumer Product Safety Commission has found that children are more likely to be hospitalized from bike accidents than from any other sport; and, WHEREAS, nearly half of the children a§ed 14 and under treated in emergency rooms for bicycle related injuries are diagnosed with traumatic brain injuries; and, WHEREAS, the Consumer Product Safety Commission has also found that bicyclist- related accident victims who wear protective helmets are 85% less likely to suffer head injuries; and, WHEREAS, nearly 60% of all child bicycle-related deaths occur on a minor road, typically within one mile of the child's home; and, WHEREAS, the National Safe Kids Campaign estimates that 75% of bicycle-related fatalities among children can be prevented with a bicycle helmet; and, WHEREAS, the Council of the City of Kenai finds that despite overwhelming evidence of the ne~l. to wear properly fa~tened, certified protective helmets, many minor~ do not wear them while bicycling or ice skating; and, WHEREAS, it is the goal of the Council of Kenai to reduce the incidence and severity of head injuries to minor bicyclists and ice skaters. Resolution No. 2004-45 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: SF.,CTION 1. The City Manager is hereby directed to develop a program to educate the citizenry regarding the danger~ of riding bicyclea, unicyclea, skateboarda, motorized or non- motorized scooters, toy motorized vehicles or using m-line, roller or ice ~kate~ without protective head gear and to develop a program of incentives to motivate parents to en~ure that their children wear proper head gear when bicycling and to motivate children bicycling to wear such head gear. The City Manager is further directed to develop a program to educate parents to better en~ure safe cycling and ice akating by their children and to educate children to wear proper head hear when bicycling and ice skating. $~ION 2. Said program shall be implemented by the police, fire and/or parks and recreation departments of the City of Kenai in accord with protocols established by the city manager's office. When police officers on duty observe minor bicyclists wearing protective helmets with the chinstrap appropriately fastened, they may contact the child when appropriate and give him/her an emblem or other reward for responsible bicycling; When police officers on duty observe minors bicycling on public property, including highways streets, roads, bike paths, trails or rights-of-way, without properly fitted protective head gear, they may contact the child when appropriate to inform him/her of the of the hazards of bicycling without a he!~et. The purpose of such a contact is to educate and provide information pertinent to the safety offered by the wearing of helmets. The police department may contact the parents of the child and provide information encouraging the parents to acquire proper headgear for .their child and to encourage its use. SECTION 3. This resolution shall remain in effect for three years after its adoption. During the effective period of this resolution, the city manager will annually submit a report to the city council as to the effectiveness of this educational effort. The report will include recommendations as to whether additional measures should be taken to enhance bicyclists' safety. Resolution No. 2004-45 Page 3 of 3 SECTION 4. "Proper head gear" is defined as a helmet containing a manufacturer certification that it meets the standards of the American National Standards Institute, American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 2004. ATrEST: Carol L. Freas, City Clerk Suggested CITY OF KENAI RESOLUTION NO. 2004-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASIC~ AUTHORIZING THE CITY MANAGER TO DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE THE PUBLIC ABOUT THE IMPORTANCE OF WEARING PROTECTIVE HELMETS WHILE RIDING BICYCLES, UNICYCLES, SICa, TEBOARDS, SCOOTERS, TOY MOTORIZED VEHICLES OR SKATING AND TO PROVIDE INCENTIVES FOR PERSONS UNDER THE AGE OF 16 YEARS TO WEAR SUCH PROTECTIVE HELMETS. WHEREAS, the Council of the City of Kenai is concerned that minors riding bicycles, unicycles, skateboards, motorized or non-motorized scooters, toy motorized vehicles or using in-line or roller skates (hereinafter "bicyclists") or ice skating suffer injuries that could be avoided or lessened if they were protected by helmets; and, WHEREAS, the Council of the City of Kenai finds that the death and disability of minor bicyclists and ice skaters accident victims is a serious threat to the public health, welfare and safety of the people of Kenai; and, WHEREAS, a study in the July 2004 issue of medical journal Pedriatrics shows that children who ice skate are at risk for head injuries and should wear a protective helmet while skating; and, WHEREAS, the Consumer Product Safety Commission has found that children are more likely to be hospitalized from bike accidents than from any other sport; and, WHEREAS, nearly half of the children aged 14 and under treated in emergency rooms for bicycle related injuries are diagnosed with traumatic brain injuries; and, WHEREAS, the Consumer Product Safety Commission has also found that bicyclist- related accident victims who wear protective helmets are 85% less likely to suffer head injuries; and, WHEREAS, nearly 60 percent of all child bicycle-related deaths occur on a minor road, typically within one mile of the child's home; and, WHEREAS, the National Safe Kids Campaign estimates that 75% of bicycle-related fatalities among children can be prevented with a bicycle helmet; and, WHEREAS, the Council of the City of Kenai finds that despite overwhelming evidence of the need to wear properly fastened, certified protective helmets, many minors do not wear them while bicycling or skating; and, WHEREAS, it is the City of Kenai's goal to reduce the incidence and severity of head injuries to minor bicyclists and skaters. Resolution No. 2004-45 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: SECTION 1. The City Manager is hereby directed to develop a public education program to promote the proper use of protective head gear and to develop a program of incentives to motivate parents to ensure that their children wear proper head gear when bicycling or skating and to motivate children bicycling or skating to wear such head gear and to inform the public of the City helmet ordinance. SECTION 2. The public educational program encouraging the use of protective head gear shall be implemented by the police, fire and/or parks and recreation departments of the City of Kenai in accord with protocols established by the city manager's office. SECTION 3. This resolution shall remain in effect for three years after its adoption. During the effective period of this resolution, the city manager will annually submit a report to the city council as to the effectiveness of this educational effort. The report will include recommendations as to whether additional measures should be taken to enhance bicyclists' safety. SECTION 4. "Proper head gear" is defined as a helmet containing a manufacturer certification that it meets the standards of the American National Standards Institute, American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Suggested by' City of Kenai RF~OLUTION NO. 2004-46 Administration. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $6,000 IN THE GENERAL FUND TO PURCHASE A VEHICLE HOIST. WHEREAS, the light vehicle hoist at the City Shop need to be replaced; and, WHEREAS, funds are available in Contingency for Transfer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made' General Fun_d From: Non Department - Contingency $6,000 To' Shop- Machinery and Equipment $6,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18m day of August, 2004. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (8/1 1 /2004) hi %.% 'CITY OF KENAI 210 FIDALGO AVE., surrE 200 KENAI, ALASKA 99611-7794 TELEPHONE g07-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager~i/~~.- August 10, 2004 Replacement of the City Shop vehicle hoist As discussed with you recently, the light vehicle hoist at the shop (installed around 1980) has reached a point where we think it is a liability to keep. The hoist has been a maintenance problem for several years, but due to budget constraints and the potential for a new shop facility, we have postponed replacement. The original manufacturer went out of business about seven years ago. Until recently, we were able to get repair parts from other sourcos for a higher price, but the parts are harder to find now. Also, the hoist did not pass the last inspection and is leaking hydraulic fluid. This also potentially is a safety issue. Rather than gamble that the hoist can again be repaired long enough to get to a new budget period, we recommend replacement now. The proposed new hoist can be purchased and installed for about $6000. Our personnel will remove the old hoist and fill the hole with concrete. The new hoist can also be relocated should a new facility be constructed in the future. With your concurrence, we will ask Finance to prepare a resolution to transfer funds. CITY OF KENAI Suggested by: Administ~ RESOLUTION NO. 2004-47 ,,~. "~, .. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $4,000 IN THE GENERAL FUND FOR A GEOPHYSICAL SURVEY OF THE KENAI CEMETERY'TO IDENTIFY UNMARKED GRAVESITES. WHEREAS, graveSite locations and burial information for the Kenai Cemetery has been added to the City's GIS system, as well as the ongoing incorporation of updated burial site and headstone information from the Kenai Totem Tracers genealogical group into the City's current records; and, WHEREAS, recently new gravesites were added on the west and north portions of the Kenai Cemetery to accommodate the growth and need of our community; and, WHEREAS, there are also areas in the Pioneer Section of the Kenai Cemetery that could potentially accommodate additional grave sites, however, there may be existing graves in those areas that are not marked or recorded; and, WHEREAS, there is an established interest in placing a gazebo at the Cemetery for the public to have a quiet place for reflection but it is not known whether unmarked graves exist at the suggested gazebo site; and, WHEREAS, Coble Geophysical has equipment and expertise to locate unrecorded gravesites; and, WHEREAS, a geophysical survey of the Pioneer Section of the Kenai Cemetery will allow use of areas in the Kenai Cemetery with near certainty no graves will be mistakenly disturbed; and, WHEREAS, funds are available in the Contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following budget transfers be made: General Fund From: Non-Departmental- Contingency $4,000 To: Beautification- Professional Services $4,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18TM day of August, 2004. ATTEST: Carol L. Freas, City Clerk Approved by Finance' ~~ JOHN J. WILLIAMS, MAYOR 000' 2_0.00 (~' ~2000' (~ 1o. / // / / / / / '/' / / / / / / / , / / /. / '/' / / / / / ,/ / / i / / '/' / / / / / / / / / / / '/, / / / / / RUG-12-2004 THU 04:34 PM KENRI PEN BOR CLERK FaX NO, ~t072828815 IENAI PENINSULA BOROUGH 144 N. BINKLEY - SOLDOTNA, ALASKA - 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk~borough-kenai.ak-us August 12, 2004 LINDA MURPHY, MMC BOROUGH CLERK ,. _j Ms. Dawn Hollaml-Wi~ams Records ~ Liccming Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 Re: Restaurant / ~g Place Public Convemcnce / ~ ' Charlotte's ~ Dear Ms. }tolland-Williams: Plea.se be advised that the Kcnai Penimula Borough has no objection to the approval of'thc new r~stauram/eating place public convenience application for Charlotte's, located in the City of Kcnai, Alaska. Rest. nprant~afing Place Public Convenience CharloRe's, thC, dba Charlotte's Thc Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection bascd on unpaid or delinquent taxcs. Sincerely, · Borough Clerk Applicant City of Kenai KPB Finance Department, Dclinqu=nt Accounts File · Date of Notice: August 10, 2004 State of Alaska Alcoholic Beverage Control Board Application Type' NEW X _ Governing Body: Community Councils' City of Kenai 'None TRANSFER Ownership Location Name Chan~e License #: License Type' D.B.A.*' Licensee/Applicant' Physical Location: 4439 Restaurant/Eating Place Public Convenience Charlotte's Charlotte's Inc. 115 So'uth Willow Suite 102 Mail Address' Telephone #: EIN' 115 South 'Willo'w Suite 1. 02 .Ke.nai AK. 99611. 907-283-2777 907-262-066'1 Fax 92-0164688 Corp/LLC Agent: Charlotte Legg Address 48460 Daisy Ave Soldotna AK 99669 Phone 907-262- 6670 Date and State of Limited Partnership May 18, 1998 Alaska Good standing? Yes Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal memo~. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hoM at least 10% shares. Member/Officer/Director: DOB Address Phone Title/Shares (%) Charlotte Legg 2/13/53 48460 Daisy Ave Soldotna 907-262-6670 President 51% AK 99669 Robert L. Legg 10/11/52 48460 Daisy Ave Soldotna 907-262-6670 Secretary 49% AK 99669 ,, If transfer application, current license information: License #' N/A Current D.B.A.: N/A Current Licensee' N/A Current Location: N/A Additional comments: Restaurant Designation Application will be sent via mail. ORIGINAL APPLICATION MUST BE RETURNED. **Date of Birth * Doing Business As Cc' Kenai Peninsula Borough Local Governing Body - New Format The granting of this permit allows access of' persons under ~.1 yenrs of'age to designated licensed premises for purposes and persons under the age of I9 tbr employment. If for employment., please state in derail, how the person will (I5 A.A.C 104.745). ' This application is for designation of premises where. (please mark appropriate/rems). i ~ Under AS 04.! 6.010(c) Bona fide resr~urant/eafing place. 3 t 4 , LICEiNSEE: D~/A: ADDRESS: i. P~, OhS be~veen 16 & 2I may dine unaccompanied. Persons under [6 may dLne accompanied by a person 2I years or older. Persons be~sveen I6 and 19 years may be employed. (See note be!ow). C U 12200 Are video games avaiiable to the public on your prem/se~? Do you .m'ovide en~~ent: [' ] Yes [~)(~ No fi.yes, describe. 6. How is rood served? =~ Table Serv/ce =........Buffet Service ~Counm: Service Other" 7. Ls the owuer, manaSer, or asset mana~ alwa~ present during business hours? ~ Yes [ ] No " A ,.M2ENU AND A DE ~/X_[LED LICE-=NS~.D PP, DalSES ,, ~ ;T, =, __E, ....... DLA.GRAM MUST ACCOMPA~N'? THIS APOr *,"., ~ ~:~.: ThiS pemr vsmahas/m effecz, untii the Hquor ~cense is transferred OR au the discretion ofthe )dcohol/c Beverage Control Board. (IS AA.C 104.795) , I c~~at [ have read AS 04..16.049, AS 04..16.060, [5 AAC I04.715.795 and contained there. Subsc,"i'~d~tncl sworn to befor~ mc this q Anpiicarion a~omved CI5 ~C 104.725(e) ~s :"'" '"'~'~, ' GovemingBodvO~cial -- · ~ ~h:' , ,.e~- .-- r Date: ~.~_~ % .~ c. 2 -: ..... :..~ : ~?~ Co~isdon expires ~%'601iil(iltt~t~',~"' Director, ~C Board Date: NOTE: AS 0a. t6.0a. 9/c) requires that wrirten parental consent and an exemption by the Deparrmen~ of Labor must be provided to the licensee ~y the em=lovee ~vho is under t 9 )'ears or'age. Persons/. 9 and 2~ years or'age are nor reouired to have the consent or exemption. - - Describe how tbod is sen'ed on back of fbrm. AGENDA KENAI CITY COUNCIL- REGULAR MEETING AUGUST 4, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBE~ http' //www. ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B' SCHEDULED PUBLIC COMMENTS (10 minutes) , Brie Dart, U.S. Fish/k Wildlife Service -- Wetlands Protection/Future Grants. . Leon Quesnel-- KPD response. ITEM C: U~SCHEDULED PUBLIC COMMENTS (3 minutes} ITEM D: I~'.PORTS OF I~_R ASSEMBLY~ LEGISLATORS AND COUNClI~ ITEM E: I~I~.PORTS OF KENAI CONVENTION/k VISITORS BUREAU. 8OARD AND KENAI CHAMBER OF COMMERCE ITEM F: PUBLIC HEARINGS.,. . Ordinance No. 2052-2004-- Adopting KMC 13.40.055 to Require Minors Under Eighteen (18) Years Old to Wear a Properly Fitted and Fastened, Certified, Protective Helmet While Riding Bicycles and Other Similar Vehicles in Public Access Areas, and Imposing a Fine for Violation of These Requirements. (Clerk's Note: A Motion for Reconsideration was made by Council Member Moore at the July 7, 2004 Council Meeting and is on the table for action.) e , e , 0 e e 10. ITEM G: , ITEM H: Xe e ITEM I: Ordinance No. 2056-2004 -- Increasing Estimated Revenues and Appropriations by $51,491 in the General Fund for a Juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys & Girls Club of the Kenai Peninsula. Ordinance No. 2057-2004 -- Dedicating Certain City-Owned Foreclosed Lands for a Public Purpose and Authorizing the Sale of Lands Not Needed for a Public Purpose. Ordinance No. 2058-2004 -- Amending a Portion of the City's Minor Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's Bail Schedule. Resolution No. 2004-40 -- Awarding the Bid to Great Bear Ford for Two Four-Door Police Package Sedans for the Total Amount of $46,069.90. Resolution No. 2004-41 -- Transferring $2,694 From the General Fund Contingency to Animal Control Machinery and Equipment. Resolution No. 2004-42 -- Awarding the Bid to Great Bear Ford for an Animal Control 4x4, 3/4-Ton Pickup Truck for the Total Amount of $~$,693.76. Resolution No. 2004-43 -- Transferring $12,000 From the General Fund Contingency to Parks - Improvements Other Than Buildings to Match a U.S. Fish and Wildlife Grant. Resolution No. 2004-44-- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Municipal Airport Terminal Modifications - 2004 for the Total Amount of $358,815.00. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. MINUTES *Regular Meeting of July 21, 2004. OLD BUSINESS Discussion -- Lawton Acres/Preliminary Plat Approval-- Policy for Commissions, Committees and Boards NEW BUSINESS Xe Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 , *Ordinance No. 2059-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. . Approval -- Agreement/Frisby Golf Course / East End Trails ITEM J' COMMISSION/COMMITTEE REPORTS le 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Plannm§ & Zonin§ Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: · REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council ~XECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT KEN/ti CITY COUNCIL- REGULAR MEETING AUGUST 4, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai..ak.us ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7' p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEG~CE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was confirmed as follows' Blaine Gilman James C. Bookey, III Pat Porter Rick Ross Linda Swamer John J. Williams, Mayor Joe Moore A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE: ADD TO: SUBSTITUTE: SUBSTITUTE: F-l, Substitute No. 2 -- Ordinance No. 2052-2004 {helmet ordinance), including amendments made at July 7 council meeting. F-l, Nolan T. Compton emafl correspondence -- relating to the helmet ordinance. I-4~ Agreement for the Use of East End Park for Disk Golf-- Updated version. L-I~ City Manager Report -- Corrected KK Memorandum included in the "Dip Net Info" Report. MOTION TO AMEND THE AGENDA: Council Member Gilman MOVED to rearrange the agenda to allow the public hearing on Item F-10, Resolution No. 2004-45 to be heard immediately following F-1, Ordinance No. 20152-2004. There were no objections. 80 ORDERED. MOTION TO APPROVE: Council Member Bookey MOVED to approve the agenda as amended and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 2 MOTION: Council Member Bookey MOVED to approve the consent agenda as presented and Council Member Swamer SECONDED the motion. There were no objections. SO ORDERED. ITEM B: ,,, SCHEDULED PUBLIC COMMENTS B-X. Brie Darr, U.S. Fish/h Wildlife Service -- Wetlands Protection/Future Grants. Darr gave a presentation related to Resolution No. 2004-43, protection of "No-Name Creek" which gathers water from two forks and comes together above the beach at the mouth of thc Kenai River. She noted, the Fish & Wildlife Service researched the creek approximately twenty years prior and found it to be supporting Cohoe, Sockeye, and Chinook fry, plus other fish species. A follow-up study was made in 2003 and those species were again found in the creek. Additionally, Darr noted, the trail leading from Municipal Park to the beach is being damaged from off-road vehicle traffic and cauaing problems for the stream and wetlands. She noted, the city and Fish & Wildlife have partnered to attend to these concerns through the placement of post and rope bamers along the trail, signage, and placement of bamers to block access to the trail by the off-road vehicles. Educational classes to inform the public of the concerns was suggested. Also discussed was the city and Fish & Wildlife working with the Kenaitze Indian Tribe in naming the creek. S-2o Leon ~uesnel-- KPD response. Quesnel gave his address as 516 Hemlock, Kenai and read into the record the letter which was included in the packet relating to a dog problem he and his family reported to the Kenai Police Department and was subsequently attended to by the Police as well as the Animal Control Officer. Quesnel suggested an ordinance be developed that would require animals of the type described in his letter to be restrained on the owners' property that would not allow the animals to escape. A brief discussion followed in which Police Chief Kopp noted the call history of the neighborhood relating to animal control issues and the city's response to them. ITEM C: · UNSCHEDULED PUBLIC COMMENTS Bill Osborn, 423 Rogers Road, Kenai -- Discussed his concerns with motorized scooters and their operators riding them on residential streets. Osbom stated he felt I4ENAI CITY COUNCIL MEE-~ING AUGUST 4, 2004 PAGE 3 they were a public hazard. Kopp noted the scooters are very popular, however recent legislation allows them to be used on bike trails and city streets. Emily, DeForest -- Noted the process for naming streams, etc. is through the Alaska Historical Society. ITEM D: -- No report. REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE Sue Carter, Interim Director, with Casey Reynolds of the Kenai Peninsula Economic Development District reported they had held prelimin~ discussions related to development of a response plan to requests for relocation information, business inquiries, etc. and gave a brief explanation of the plan. They also explained, they had discussed development of an informational brochure of the area, possibly in a CD platform, that could be mailed to prospective businesses, used as a sales presentation, marketing, etc. A Memorandum of Understanding between the City of Kenai and the Chamber would need to be developed, as well as an authorization for the Chamber's use of the funds included in the legislative budget for the purpose of developing a brochure, etc. Consensus of council was for Chamber representatives to work with administration to prepare a draft memorandum of agreement, proposed budget, etc. and to include the issue as a discussion item for the August 18, 2004 council meeting. ITEM F: PUBLIC HEARINGS F-X. Ordinance No. 2052-2004--Adopting KMC 13.40.055 to Require Minors Under Eighteen (18) Years Old to Wear a Properly Fitted and Fastened, Certified, Protective Helmet While Riding Bicycles and Other Similar Vehicles in Public Access Areas, and Imposing a Fine for Violation of These Requirements. (Clerk's Note: A Motion for Reconsideration was made by Council Member Moore at the July 7, 2004 Council Meeting and is on the table for action.) VOTE ON MOTION FOR RECONSIDERATION: Gilm_nn Yes Booke¥ No Porter Yes Ross No Swarner Yes Williams Yes Moore Yes KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 4 MOTION PASSED. MOTION TO SUBSTITUTE: Council Member Moore MOVED to substitute Ordinance No. 2052-2004 with the substitute ordinance labeled F-1, Substitute #2. Council Member Porter SECONDED the motion. The public hearing was opened by Mayor Williams. Richard Warrington, Kenai -- Encouraged council to pass the ordinance. Jane Feldman, Kenai Peninsula Safe Kids/Central Peninsula General Hospital -- Stated her continued support of the ordinance over the resolution. She stated she believes education is a very important component and should continue, and enforcement of the ordinance should involve the schools, police, fh'e, etc. Nate Kiel, 404 Lawton, Kenai-- Stated he supported the ordinance because he believes it covers different types of recreational activities. Kiel also agreed the requirement of wearing helmets and face protection at the Multipurpose Facility could be better addressed by a policy of the facility. When asked the Borough requirement for wearing helmets on Borough property, Kiel stated there was no rule, and also indicated the USA Hockey program requires the use of helmets and face gear. Attorney Graves stated he would research whether the city could enforce its helmet policy on a Borough facility. Mary Warrington -- Stated her support of the helmet ordinance and encouraged its passage. Vicki Thompson -- Stated she believed a requirement to wear helmets at the skateboard park should also be made a policy and enforced through random checks and closing the park ff users do not comply. Ozzie Osborne, Box 3076, Kenai-- Noted there would be figure skating activities during the Arctic Winter Games and asked if that program would have to comply with the requirements as well. Graves stated it would unless council passes an ordinance to exempt it. Mayor Williams read an email message (included in the packet) from Nolan Compton into the record. Williams stated he felt the gear requirement at the Multipurpose Facility should not be made part of the ordinance; police enforcement could be random; he preferred the ordinance rather than the resolution; and, urged council to take a positive step on the ordinance. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 5 Porter stated she believed the proposed resolution too cumbersome; believed the ordinance could be difficult for the police department to enforce, however it would be a tool for parents to use; of the community members to whom she spoke, 98% said they felt an ordinance was timely; believes inclusion of tricycles would be a training tool; agreed with the proposed amendments relating to ice skating and the Multipurpose Facility; felt a policy should be developed for the skateboard park as well as the Multipurpose Facility; and, would support the ordinance. Ross stated he still favored the resolution approach and added, he felt if the city would be exempting its property (skateboard park and Multipurpose Facility), use on private property should alao be exempted. Moore stated he would support the ordinance. MOTION TO AMEND: Council Member Moore MOVED to amend Ordinance No. 2052-2004 by removing the word "ice skates" in Paragraph A and the term "Kenai Multipurpose Facility" in the same paragraph. Council Member Swarner SECONDED the motion. VOTE: Gilman lYes Ross No Williams lYes Booke¥ No Swarner Yes Moore Yes Porter Yes . . . MOTION PASSED. Ross requested a clarification of the amendment and it was noted, the amendment deleted "ice skates" in Section A. Rosa noted, the way the amendment read, it would apply to all of the other items (of activity) in the Multipurpose Facility because it is public property. He added, for any other activity going on in the Multipurpose Facility, u~ers will be required to wear a helmet. Attorney Graves agreed and added, the effect of it is to eliminate the requirement for wearing a helmet while ice skating in the Multipurpose Facility. MOTION TO AMEND: Council Member Ross MOVED to amend Section A with the exception of city streets and bicycle paths, and delete "public property or private property" and make all facilities equal to the city's. Williams repeated, for clarification, the effect of the wording would require wearing of helmets in the use of any item except ice skates on any streets, sidewalks or bicycle paths, but not other public or private properties. Roas stated that was correct. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 6 Council Member Bookey SECONDED the motion. Ross stated, the testimony heard had to do with operations on streets and bike paths. If the city will exempt its property, doing it as a matter of policy and operation, he believed should be applied to the private sector (any private business/property where they allow the use of those items). Williams stated, he believed the amendment would allow a well-crafted compromise ordinance which would require the use of helm_ets on all the items listed, except ice skates, on all public roads, sidewalks, and bike paths of every sort within the City of Kenai. However, it would not include protections in public facilities designed for sports events but, those he believed, could be covered by regulation. Williams stated he would support the amendment. Bookey asked if the city would be able to legislate the school properties, etc. that are also public properties. Attorney Graves stated he believed Ross' amendment would delete public property and therefore the ordinance would only be applicable to highways, roads, bike paths, etc. and would not apply to the school properties proper, but the roads by the school. Moore stated he wanted to make it clear his amendment involving the Multipurpose Facility and ice skates in no way minimized the recognized danger of using the Facility with ice in and use of skates. He added, he wanted to see those concerns addressed 'other than the ordinance. Williams clarified the amendment would cause the ordinance to be effective only on sidewalks, bicycle paths, roadways, highways, and other transportation corridors and not public facilities, i.e. skateboard park, hockey rink, driveway of public facilities, etc. However, it gives a helmet law requiring helmets to be worn on everything else listed and also excludes the use of ice skates. VOTE ON AMENDMENT: G/_!man No Ross lYes Booke¥ Yes Swarner , No Porter Yes Williams Yes Moore Yes MOTION PASSED. Attorney Graves referred to housekeeping in the ordinance needing to be made to reflect the amendments, he requested changes to: · The title where it refers to applying to '...vehicles in public access areas' which should be amended to reflect Ross' language. · The first and third whereas paragraphs, the reference to 'skating' should be removed to reflect the earlier amendment. tCENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 7 MOTION TO AMEND: Council Member Porter MOVED to amend the ordinance with the suggestions stated by Attorney Graves and Council Member Swarner SECONDED the motion. Bookey asked if it was the intent to change the title by deleting the wording or if there was other language that. should be added. Graves referred to the fourth line where it stated "...in public access areas" and stated, his intent was to substitute w/th Council Member Ross' language. VOTE ON AMENDMENT: There were no objections. SO ORDERED. Gilman stated he agreed to the reconsideration of the ordinance because he wanted to hear more public testimony. He stated he would not support the ordinance because in his discussions with community members, he found their opinions split. He questioned whether it was the city's responsibility to legislate what is a parental responsibility. Gilman stated, he wants his children and others to wear helmets, but he believed the ordinance crossed the line of governmental responsibility. Bookey stated he would not support the ordinance as he believed it is a parental responsibility. He added, in his discussions with co~_m_unity members, most of them supported a helmet ordinance, but felt it should be state legislated. Bookey stated, he believed the resolution would be more beneficial if funding is appropriated to support it. Williams stated other communities may also see the importance of passing a similar ordinance and the progression of the local communities passing ordinances may bring the state to legislate the use of helmets as well. VOTE: Gilman No Booke¥ No Porter Yes Ross No Swarner Yes Williams Yes Moore Yes MOTION PASSED F-10. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 8 Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. MOTION: Council Member Gilman MOVED to approve Resolution No. 2004-45 and Council Member Porter SECONDED the motion. There were no public comments. Gilman noted, the resolution did not invalidate the ordinance and allows for an educational program for wearing he!~ets. Ross agreed with Gilman the resolution would be appropriate, however the resolution would set up a whole contact and semi-enforcement scheme that would be counter to the ordinance. He suggested, if a resolution is considered, it should be modified from the current one. It was noted the Fire and Police Departments currently have educational programs in place, however the resolution and funding would enhance the current programs. Williams agreed, Section 2 of the resolution was counterproductive to the ordinance because it would initiate activities by the Police Department that should be initiated in a different manner under the ordinance. He suggested a review of the resolution to make it an educational resolution would be appropriate. MOTION TO TABLE: Council Member Gilman MOVED to table Resolution 2004-45 and Council Member Swamer SECONDED the motion. There were no objections. SO ORDERED. Administration was requested to bring the resolution back for consideration with appropriate amendments. Fo2o Ordinance No. 2056-2004-- Increasing Estimated Revenues and Appropriations by $51,491 in the General Fund for a juvenile Justice Grant From the State of Alaska to be Passed Through to the Boys & Girls Club of the Ken/ti Peninsula. MOTION: Council Member Bookey MOVED for adoption of Ordinance 2056-2004 and Council Member Porter SECO~ED the motion. There were no public comments. City Manager Snow reported she received a call from the Interim Director who stated her gratefulness of the city's involvement with the pass-through grant and wortdng with the Kenaitze Indian Tribe. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 9 VOTE: Gilman Yes Bookey Yes Porter Yes Ross Swarner Yes Williams Yes Moore tYes Yes MOTION PASSED UNANIMOUSLY. Ordinance No. 2057-2004-- Dedicating Certain City-Owned Foreclosed Lands for a Public Purpose and Authorizing the Sale of Lands Not Needed for a Public Purpose. MOTION: Council Member Porter MOVED for adoption of Ordinance No. 2057-2004 and Council Member Swarner SECONDED the motion. There were no public comments. Williams noted, administration had identified three additional properties to be removed from the sale list and kept for public purpose. The lots were identified as Parcel Nos. 4506006, 4506008 (properties are adjacent to Borough properties) and 4711602 (has a swale on the property that drains other properties in that area). Williams stated, if the bluff erosion project comes to fruition, he believed this property, if sold now, would have to be bought back. MOTION TO AMEND: Council Member Swarner MOVED to remove the lot on Peninsula Avenue (Identified as Lots 6 and 7 on. Map J) and the two lots by the by the middle school (identified on Map G). Council Member Porter SECONDED the motion. It was explained, the Bureau of Indian Affairs has acknowledged and agrees the city owns a one-half interest in Lot 6 on Upland Street. A buyer could purchase the city's half and petition the BIA to purchase the other half. Bookey stated he wanted that information passed on to any prospective buyers, that is it is the "undivided one-half interest in the property." VOTE ON AMENDMENT: Gilman Yes Ross Booke¥ Yes Swarner Porter Yes Yes Yes Williams Yes Moore Yes MOTION PASSED UNANIMousLY. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 10 VOTE ON MAIN AMENDED MOTION: Gl!man Yes Bookey Yes Porter Yes Ross Yes Williams Swarner Yes Moore lYes Yes MOTION PASSED UN~~OUSLY. I-4. Approval -- Agreement/Frisby Golf Course/East End Trails This item was moved forward for consideration. City Manager Snow noted the differences between the original agreement (included in the packet) and the substitute submitted to them at the beginning of the meeting. She noted, the changes were in the third whereas, where the specified amount was removed and "Any remaining donated funds not used to purchase baskets, equipment or installation related material will be used to promote disc golf activities relating to a specified dollar value..." was added. Ross Baxter-- Updated council on the sponsorships of the baskets, etc. and noted the donations were tax deductible, and a sign will be placed to recognize the sponsors, as well as being recognized in the newspaper. Gilman questioned the indenmification paragraph and asked if there was a risk involved in the game. Attorney Graves stated he did not think there was a lot of risk and the club would not have a lot of assets and requiring insurance was not included. He had no objection to removing the requirement. ^dmini~tration's thought in including an indemnification clause was for very minor damages. There were no objections by council in removing the indemnification clause. Baxter stated he was asked by a resident in that area if trees would be cut or parking needs would expand. He stated, the resident was satisfied when he told her if cutting trees or parldng became an issue, the Parks & Recreation Co_m__mission and council would discuss the matter. · Swarner questioned the language in the letter to go to donors stating the donation would be tax deductible. It was noted the letter was reviewed by the Finance Director and City Manager. It was suggested the letter state the donor should check with his/her tax advisor whether the donation will be tax deductible. Williams noted, the issue would be worked through administration. There was no objection to the agreement which would be amended by administration. BREAK TAKEN: 9:55 P.M. ,] KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 11 BACK TO ORDER: 10:04 P.M. Fo4. Ordinance No. 2058-2004-- Amending a Portion of the City's Minor Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's Bail Schedule. MOTION: Council Member Porter MOVED to approve Ordinance No. 2058-2004 and Council Member Swarner SECONDED the motion. There were no public council comments.. VOTE: Gilman lYes Bookey Yes Porter Yes Ross Yes Williams Yes Swarner Yes Moore Yes MOTION PASSED UNANIMOUSLY. Fo~. Resolution No. 2004-40 -- Awarding the Bid to Great Bear Ford for Two Four-Door Police Package Sedans for the Total Amount of $46,069.90. MOTION: CoUncil Member Swarner MOVED for approval of Resolution No. 2004-40 and requested UNANIMOUS CONSENT. Council Member Porter SECONDED the motion. There were no public comments. It was noted the vehicles would be Crown Victorias, no bid was received from General Motors, and Chrysler does not make a police vehicle package. VOTE: There were no objections. SO ORDERED. Resolution No. 2004-41 -- Transferring $2,694 From the General Fund Contingency to Animal Control Machinery and Equipment. MOTION: Council Member Porter MOVED for approval of Resolution No. 2004-41 and Council Member Moore SECONDED the motion and requested IJN~N~OUS CONSENT. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 13 F-9. Resolution No. 2004-44-- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled Kenai Municipal Airport Terminal Modifications - 2004 for the Total Amount of $358,815.00. MOTION: Council Member Porter MOVED for approval of Resolution No. 2004-44 and Council Member Swarner SECONDED the motion. There were no public comments. When asked why the engineer's estimate was so much lower than the actual bid, Public Works Manager La Shot expla~ed the job is more complex than what the engineer had anticipated and added, three bids with good prices were received. When suggested the modifications not be made due to the difference in price, Airport Manager Cronkhite explained, the modifications would be made largely through FAA grant funds and ff the funds are not used, they will be lost. She added, the project had been planned for some time and included upgrading the entrance to the terminal to ADA compliancy, replacing the sidewalk with heated sidewalk, etc. She noted, if the project is rebid, there would be no guarantee the bids would be less and administration believes the costs for the sidewalk upgrade will save money in de-icing supplies and floor/carpet care. VOTE: Council Member Bookey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. F-10. Resolution No. 2004-45-- Authoriz~g the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. Heard after Item F-1. ITEM G: MINUTES,, Regular Meeting of July 21, 2004 -- Approved by consent agenda. ITEM H: OLD BUSINESS H-X. Discussion -- Lawton Acres/Preliminary Plat Reference was made to the zoning options information included in the packet. Preference was stated as a light commercial zone much like what is available at the ~NAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 14 City of Soldoma. Council was advised, if a new zone needs to be designed, the issue should first go to the Planning & Zoning Commission to begin the process and a draft ordinance would then come to the council for consideration; the zone would be crafted without specifying where it would be used; after the zone is approved, the plat for Lawton Acres would be forwarded to the Commission and as the land owners, the City could request the light commercial zone be applied to that area; and, it will be a lengthy process. MOTION: Council Member MOVED to instruct the Planning & Zoning Com____mission to develop a limited commercial district in conjunction with administration and start the process. Council Member Porter SECONDED the motion. There were no objections. SO ORDERED. Nate Kiel, 404 Lawton -- Stated he agreed the process would take some time and it would make sense to hold off on the plat until after the zone is developed. He added, he believed the preliminary plat, with the green belt, is a good idea for what would be a transitional type of development. He also stated he would be in favor of a limited commercial zoning of the area. Kiel referred to Note 3 on the preliminary plat which stating, "No private access to State maintained ROW's permitted unless approved by the State of Alaska Department of Transportation" and asked if the city would be contacting the Department of Transportation again and Public Works Manager Komelis answered the city had received both verbal and written approval the city would be able' to have one driveway accessing two lots, however doing that would still require a permit. Porter also noted the Comprehensive Plan encourages development of commercial property and including buffer zones. Bookey stated administration should remember there should be no direct access from Lawton to the lots in order to protect the residential area. Approval -- Policy for Commissions, Committees and Boards It was noted, the Beautification Committee was omitted from Item 1, Meeting Schedules. Clerk Freas was requested to make the correction. MOTION: Council Member Porter MOVED to approve the Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Council Member Moore SECONDED the motion. There were no objections. SO ORDE~D. KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 15 ITEM I: NEW BUSINESS I-X. Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bills and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I-2. Purchase Orders Exceeding $2,500 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $2,500 and Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Io3. Ordinance No. 2059-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. Introduced by consent agenda. I-4. Approval -- Agreement/Frisby Golf Course / East End Trails Discussed and approved after Item F-3. ITEM J' COMMISSION/COMMITTEE REPORTS J-1. Council on Aging -- Swamer reported the next meeting was scheduled for August 5 at 10:00 a.m. at the Senior Center. J-2. Airport Commission -- Moore reported the next meeting would be held August 12 at 7'00 p.m. in the council chambers. J-3. Harbor Commission -- Bookey reported the next meeting would be held Monday, August 9 in the council chambers. J-4. Library Commission -- Gilman reported a meeting was held August 3 at which the Commission discussed the approved formation of a Library Commission Subcommittee to discuss the possible relocation of the Court System Law Library at the Community Library and the impact such a relocation could have, etc. He also IiEN~ CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 16 noted, the library received a $5,000 grant for medical reference materials and the Friends of the Library were selling tickets for their annual fund raiser. J-5. Parks/k Recreation Commission -- Ross reported the next meeting would be held August 5 at 7:00 p.m. and the possible development of Section 36 would be discussed. Moore asked if the development of an equipment requirement policy for the Multipurpose Facility and skateboard park could be added to the agenda. Ross suggested notifying the Commission they would be discussing the issue and include the issue as an agenda item with back-up information for a future meeting. Swarner stated concern with development of Section 36 with it having been an old dump site, etc. Attorney Graves noted, he talked with the a Solid Waste representative who visited the area and it was indicated the old dump site was a large portion of Section 36. She suggested old dump sites make good parking lots which would not require digging, etc. The remaining portion of Section 36 could be used for playing fields. J-6. Planning/k Zoning Commission -- Ross reported the minutes of the July 28, 2004 meeting were included in the packet. He noted, an encroachment permit for an Inlet Woods Subdivision property was unanimously denied and could be appealed. The application of Scott Romain was reviewed by council and it was noted he was interested in appointment to either the Harbor Com_m___ission or Planning & Zoning Commission. It was confirmed there was an opening on the Harbor Commission and council had no objections to the appointment .of Romain in that capacity. J-7o J-Ta. cancelled. Miscellaneous Commissions and Committees Beautification Committee -- Swarner reported the August meeting was J-Th. Alaska Municipal League Report -- The draft agenda for the summer meeting was included in the packet. Council was requested to inform the Clerk if they plan to attend. J-Tc. Arctic Winter Games -- No report. J-7d. Stranded Gas Committee -- Ross reported he attended a meeting in Anchorage where a presentation was made by North Slope producers; another meeting will be held in Fairbanks at the end of the month to discuss economic impacts; and, he will attend the next meeting via teleconference on August 6. ITEM K: REPORT OF THE MAYOR-- Williams noted the following: KENAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 18 L-2. Attorney -- Noted a response he received from the Alaska Public Offices Commission related to exempting city officials from disclosure requirements which was in the packet. L-3o City Clerk -- No report. ITEM M: DISCUSSION M-1. Citizens -- Bob Peters -- Noted the following: · Disposition of some properties should be left for future generations. · Asked who would own the suggested buffer zone on Lawton Acres and the answer given was the city would. M-2. Council Bookey-- No comments. Swarner -- Noted she had tickets available for the Kenai Peninsula Food Bank Soup SupPer available for sale. Moore -- Requested administration to begin the process of developing a policy for required equipment use at the Multipurpose Facility. Porter -- · Requested council to direct administration to provide a Parks person to be available at the greenstrip park during Industry Days Picnic, Fourth of July, and Kenai River Festival events for dispensing of restroom supplies, etc. She stated she believed it would be good relationship-building between the city and public. Ross stated he didn't feel it was council's decision and administration should be left the latitude to decide what services should be provided to user groups. It was noted, the Parks Department makes a supply room key available to the user group, which generally works well. There was no direction from council to administration to make any changes to the current procedure. · Noted there were six or seven junk vehicles parked on the vacant lot north of Eadie's. Attorney Graves reported the issue had been referred to the code enforcement officer. · Asked the total amount donated for placement of a gazebo at the cemetery and Parks & Recreation Director Frates reported approximately $2,800. Gilman -- Reported he would be out of town and not in attendance at the August 18 meeting. IZ~NAI CITY COUNCIL MEETING AUGUST 4, 2004 PAGE 19 Ross -- No comments. EXECUTIVE SESSION- None Scheduled ITEM N: ADJOURNMENT The meeting adjourned at approximately 12:06 a.m., Thursday, August 5, 2004. Minutes transcribed and prepared by: Carol L. Freas, City Clerk z 0 ~ n~ z ~0 [u < o z (/) 03 Z ~ ~ o _.< 0 0 0 0 uJ < ILl iD LLI .~ ~' ,,, ~ uJ I1. m c~ 0 _j _J < I D LLI (.9 I1. ~ 0 LU 0 0 ~ 0 ,,, I < < I- z z 0 z 0 (..1 z Z IJJ n,, iL. n,' LU I-- Z UJ Z 0 0 LU LU ILl 0 - 0 I..I.I d ILl Z ill -!- I- iii LL! I-- Z LLI LLI ILl LLI W w 0 0 'r' LU LLI LLI LLI LL, Z 0 -!.,z X uJ O uiI Suggested by: Admin City of Kenai ORDINANCE NO' 2060-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $533,333 FOR AIRPORT GRANTS. WHEREAS, the FAA has offered a $500,000 matching grant for Phase II Security Enhancements: Perimeter Access Gate Modifications; and, WHEREAS, the State of Alaska is providing matching grants of $16,666; and, WHEREAS, it is in the best interest of the City of Kenai to accept these grants and abide by the grant conditions; and, WHEREAS, the required local match of 3.125% is $16,667, which is available in the fund balance of the Airport Land System Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Security Improvements Capital Proiect Fund Increase Estimated Revenues: FAA Grant State Grant Transfer from Airport Fund $ 500,000 16,666 16,667 $ 533,333 Increase Appropriations: Administration Engineering Construction $ 5,996 24,700 502,637 533.333 · Airport Land System Special Revenue Fund Increase Estimated Revenue: Appropriation of Fund Balance 16,666 Increase Appropriations: Airport M&O - Transfer to Capital Projects Funds $ 16,666 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 2004. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: {08 / 10 / 2004) hl Introduced: Adopted: Effective' August 18, 2004 September 1, 2004 September 1, 2004 Suggested by: Administr~ City of Kenai ORDINANCE NO. 2061-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,850 IN THE GENERAL FUND FOR DISC-GOLF MATERIALS AND EQUIPMENT. WHEREAS, an Agreement has been established between the City of Kenai and Mr. Ross Baxter for the purpose of providing the community with a disc-golf course located at the East End Trail system; and, WHEREAS, monies in the amount of $2,850 have been donated by various local businesses to the City of Kenai for the purchase of nine (9) disc-golf baskets, sigrm, and other miscellaneous equipment and material needed to facilitate installation and promotion of the course; and, WHEREAS, the community will benefit from the construction of a disc-golf course in Kenai by providing all age and gender groups additional outdoor recreational opportunities, and furthermore, bring a new sport to the Kenai Peninsula. 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: Miscellaneous Donations $2,85O Increase Appropriations: Parks- Small Tools & Minor Equipment $2,850 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (08 / 12 / 2004) hl Introduced: Adopted: Effective: August 18, 2004 September 1, 2004 September 1, 2004 Suggested by: Administra:~~ ~ City of Kenai ORDINANCE NO. 2062-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,867 IN THE GENERAL FUND FO R LIB RARY GRANTS. WHEREAS, the State of Alaska has provided a Public Library Assistance grant in the amount of $6,250 to be used to purchase books; and, WHEREAS, the State of Alaska has provided a Public Library Cooperation grant of $5,617 to be used for librarian training, books, and supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants $11.867.00 Increase Appropriations: Library- Books - Travel and Transportation - Small Tools and Minor Equipment - Rentals $10,391.76 867.00 358.24 250.00 $11,867.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: .~.~_1 (08/13/04} hl Introduced: Adopted: Effective: August 18, 2004 September 1, 2004 September 1, 2004 CITY OF KENAI KENAI MUNICIPAL AIRPORT LEASE OF AIRPORT FACILITIES This agreement, entered into this 24th day of July, 2004, by and between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611, a home-rule municipal corporation of Alaska, hereinafter called "City" and BELLAIR, INC., 6601 South Airpark, Anchorage, Alaska 99502, and to Mike Spisak, individually, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: A. B. C. Office space and ticket counter space, #34/35 first floor, terminal building, Kenai Municipal Airport, Kenai Recording District, Kenai, Alaska, within the NW ¼ of the SE %, 832, T6N, R1 l W, S.M. PURPOSE' The purpose for which the Lease is issued is: Office space and ticket counter space for passenger transportation by air and related functions of aircraft operations/ticket sales. TERM' The term of this lease is for 5 years, commencing on the 24th day of July 2004, to the 30t" day of June 2009. RENTAL PAYMENT: The rental specified herein shall be payable as follows: 1. Right of entry and occupancy is authorized as of the 24th day of July 2004. Annual rental for these spaces shall be computed at $1.65 per square foot per month for a combined 387 square feet of terminal space, plus 15% of the above rentals as a baggage mom and equipment use fee, for a total of $ 8,811.96 per year, plus applicable sales tax. Page 1 of 1 July 16, 2004 DRAFT LESSEE: LESSOR: DRAFT If the annual rent exceeds $ 2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new lease year to. pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. The amount of rents or fees specified herein shall be subject to increase based on the per square foot rate set by City Council each year. 2. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided' (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this lease which is not paid on or before the date it becomes due. D. GENERAL COVENANTS' 1. USES' Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. For Lessee's aircraft only, perform or cause to be performed by contract, customary aircraft fueling, servicing, and line maintenance at aircraft parking positions adjacent to the terminal or on exclusively leased aprons before loading and takeoff or as soon as practical following landing and unloading. Lessee may perform other maintenance of its aircraft, vehicles, or equipment only at preferentially leased aprons or at locations designated by City. 2. USES NOT CONTEMPLATED PROHIBITED' Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: The Lessee shall not assign all or any portion of this Lease, nor shall it enter into any sublease of Premises under this Lease without the City's prior written consent, and any attempted assignment or sublease without such advance written approval will be void and of no effect. Page 2 of 2 LESSEE: July 16, 2004 LESSOR: DRAFT Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by Lessee. 5. TREATMENT OF DEMISE' The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska, 210 Fidalgo Ave., Suite 210, Kenai, Alaska 99611 on or before the 1 s~ of each month. 7. CONSTRUCTION APPROVAL AND STANDARDS' Before beqinning construction or installation of any improvement or alteration, the Lessee ~iii first get prior approval in writing from the City before making alterations to the premises. Building construction shall be neat and presentable and compatible with its uses and surroundings. The cost of any additional improvements to the terminal space shall be at the Lessee's expense. 8 DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion ~f the rent or foes when due, or in any of the covenants or conditions contained' in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cum such default or defaults, after which if the. default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. LEASE UTILIZATION- Leased space shall be utilized for purposes within the scope of the application (made a part of this Lease and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. 10. CONDITION OF PREMISES' The premises demised herein are unimproved and am leased on an "as it, where is" basis. Page 3 of 3 LESSEE: July 16, 2004 LESSOR: DRAFT 11. OFFER TO LEASE ACCEPTANCE' The offer to lease is made subject to application laws and regulations of City, and may be withdrawn without notice at any time after thirty (30) days from submission thereof, unless within suct~ thirty (30) days the Lessee executes and returns the Lease to the City. 12. UNDERLYING TITLE' The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION' City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 14. INDEMNIFICATION' Lessee will indemnify, save harmless and defend the City, its officers, agents and employees from liability of any nature or kind including costs and expenses for or on account of any and all legal actions or claims of any character whatsoever resulting from death or injury to any person(s) or damage to property to the extent caused by any wrongful error, omission or negligent act of Lessee arising out of this Lease. 15. INSURANCE' The City will, during the term of this lease, procure and maintain comprehensive general liability, workmen's compensation, and fire and extended coverage insurance for the airport, terminal 'building, and other City facilities at the airport in such amounts and for such insured coverages as may be reasonably required for the prudent operation of the airport. Lessee will, during the term of this lease, procure and maintain liability insurance for public liability, aviation liability, the leased premises, property damage, bodily injury and death, with contractual liability endorsements insuring all of Lessee's operations under this lease, including its obligations under the indemnity clause in General Covenant D. 14 of this lease. These policies will be with limits not less than those set forth below. These policies and minimum limits will be consistently applied to all air carders with similar operations and will be consistent with prudent airport industry practices and this Lease. Within 30 days after signing this lease, Lessee will make a written report to the City detailing each aircraft or type of aircraft operated by Lessee at the airport. If the maximum seating capacity for any aircraft or type of aircraft operated by Lessee is changed, Lessee will report the change to the City and obtain any required insurance coverage before operating the aircraft at the airport. INSURANCE COVERAGE MINIMUM LIMITS Worker's Compensation Comprehensive General Liability And Auto Liability with included Statutory Limits Page 4 of 4 July 16, 2004 LESSEE: LESSOR: DRAFT Operations, Contractual Liability, And Owned, Hired, and Non-owned Vehicles $500,000 Combined Single Limit Airline/aircraft/airport Limits required by 14 CFR 205 for the specified amount insured All general liability policies or endorsements thereto shall in all cases where possible name the City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. All workman's compensation policies or endorsements thereto shall in all cases where possible contain a waiver of subrogation against the City. All policies of insurance must be in a form and from a company satisfactory to the City. Each policy must provide that it may not be cancelled or materially changed during its term without at least 30 days advance written notice to the City. Each policy must state that it is primary, without any right to contribution from any other insurance, including self-insurance, that may be carried by City. Best. All policies will be by a company/corporation currently rote "A-" or better by A.M. A certificate certifying coverage of required insurance must be delivered to the City within 30 days of the effoctive date of this agreement. Where any such policy has a normal expiration during the term of this Lease, Lessee will provide a certificate or satisfactory written evidence of continued coverage prior to such expiration. Within 10 days prior to the effective date of any cancellation or reduction in the amount or extent of insurance, Lessee will deliver to the City a certificate or satisfactory written evidence certifying coverage that reinstates or otherwise provides at least the required insurance coverage. The failure by either party at any time to enforce the provisions in this section will not be construed as a waiver of these provisions and .will not reduce their obligations under this Lease. Lessee agrees that every insurance pOlicy required under General Covenant D. 15 will include an endorsement naming the City as an additional insured to the extent of City's indemnified interest under General Covenant D. 14. Each policy must provide protection for the City in the same manner as though a separate policy had been issued to the City. Each policy must contain, to the extent available, a waiver of subrogation as Page 5 of 5 LESSEE: July 16, 2004 LESSOR: to City and its employees and agents, and of all rights to set-off, counterclaim or any other deduction to which City or its employees or agents may be entitled, and that it may not be invalidated as to City by any action or inaction of Lessee, including any breach by Lessee of any representation, declaration, condition, or warrant contained in the policy. Each party will give the other party prompt and reasonable notice of any claim or action involving this Lease. 16. COLLECTION OF UNPAID MONIES' Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distrait may be made by the City or its authorized agent. 17. LEASE SUBORDINATE TO FINANCING REQUIREMENTS' Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. 18. SURRENDER ON TERMINATION' Lessee shall, on the last day of the term of this Lease or upon any eadier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 19. RULES' Lessee shall observe, obey, and comply with all applicable rules, etc., of the State or Federal governments. 20. AIRCRAFT OPERATIONS PROTECTED: There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, now or hereafter used for Page 6 of 6 LESSEE: July 16, 2004 LESSOR: DRAFT navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. 21. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION' City hereby agrees and covenants that the Lessee, upon paying rom and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 22. LESSEE TO PAY TAXES' Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this Lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 23. SPECIAL SERVICES' Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 24. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the CitY shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) day's notice, terminate this Lease. 26. NONDISCRIMINATION. The Lessee, for himself, his heirs, personal representatives, successors in interost, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities' Page 7 of 7 July 16, 2004 LESSEE: LESSOR: DRAFT (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation- Effoctuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) In the event facilities are constructed maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation- Effoctuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. 27. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as 'though such declaration was not made. 28. MODIFICATIONS' No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 29. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no quarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 30. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless. Page 8 of 8 LESSEE: July 16, 2004 LESSOR: DRA T (~) From the consequences of ~ny violation of such I~w$, ordinances, and/or regulations: and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 31. CARE OF PREMISES' Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances therounto belonging, in good condition and repair during the entire term of this Lease. Lessee will immediately repair any uninsured damage in any other space at the Airport, including the Apron Area used by Lessee, which is caused by the fault or negligence of Lessee, its servants, contractors, agents, licensees, or employees. 32. LESSEE'S OBLIGATION TO REMOVE LIENS' Lessee will not permit any liens including, but not limited to, mechanics', labomm', or material men's liens obtainable or available under the then existing laws, to stand against the leased promises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sub lessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied as Lessee's own expenses. 33. CONDEMNATION: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi-public use, then upon payment of any award or compensation arising from such condemnation, them shall be such division of the proceeds, such abatement in rant payable during the term of any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee am unable to agroe within thirty (30) days after such an award has been paid into Court,' upon what division, annual abatement in rent, and other adjustments am just and equitable, the dispute shall be determined by arbitration. Page 9 of 9 LESSEE: July 16, 2004 LESSOR: 34. SURRENDER: At the expiration of the term fixed or any sooner termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 35. PROTECTION OF SUBTENANTS' To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals, thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 36. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 37. GOVERNING LAW' This indenture of Lease shall be governed by all respects by the laws of the State of Alaska. 38. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this Lease unless such address has been changed pursuant to sub-paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. Page 10 of 10 July 16, 2004 LESSEE: LESSOR: DRAFT (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 39. ENTRY AND RE-ENTRY' In the event that the Lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee dudng said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property them from, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefore. No m-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 40. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 41. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any broach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease shall not be deemed a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right them under by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent broach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving of the Lessor of any notice them under to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given them under by the Lessor to the Lessee prior to the receipt of any ~uch sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 42. EXPIRATION OF LEASE: Unless the Lease is renewed or sooner terminated as provided heroin, the Lessee shall peaceably and quietly leave, surrender, and yield up unto the Lessor all of the leased land on or before the last day of the term of the Lease. 43. FIRE PROTECTION' The Lessee will take all reasonable precautions to provent, and take all necessary action to suppress destructive or uncontrolled tiros and Page 11 of 11 LESSEE: July 16, 2004 LESSOR: comply with ali laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 44. MUTUAL CANCELLATION' Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 45. UNLAWFUL USE PROHIBITED' Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 46. APPROVAL OF OTHER AUTHORITIES' The issuance by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 47. STATISTICAL REPORTS' Lessee to furnish statistics such as passengers enplaned and deplaned and other reasonable statistics as requested by the Airport Manager. 48. EMPLOYEE PARKING: Terminal employees may use non-exclusive employee vehicle parking facilities at no charge. All employees must register their vehicle(s) at the Airport Manager's office to receive a vehicle-parking permit to park while on the job. Nonterminai employees may request parking through the Airport Manager's office on a case-by-case basis. Lessee shall be held accountable for Lessee's employees' use of designated vehicle parking facilities and shall assure that employees comply with all applicable Airport Directives. Page 12 of 12 LESSEE' July 16, 2004 LESSOR' IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI DRAFT By: Linda L. Snow- City Manager INDIVIDUALLY: LESSEE: BELLAIR, INC. Name & title (If Lessee is a Corporation) ATTEST: By: Mike Spisak- President Name and Title STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of July 2004, MIKE SPISAK, President of BELLAIR, inc., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission expires' Page 13 of 13 LESSEE: July 16, 2004 LESSOR: STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of July 2004, MIKE SPISAK, Individually, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of July, 2004, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission expires: Approved by Kenai City Council Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager Page 14 of 14 July 16, 2004 LESSEE: LESSOR: MEMORANDUM OF AGREEMENT BETWEEN THE KENAI CHAMBER OF COMMERCE AND THE CITY OF KENAI, ALASKA This Agreement, entered into by and between the Kenai Chamber of Commerce, 402 Overland, Kenai, Alaska 99611 ("Chamber"), and the City of Kenai, Alaska ("City"), 210 Fidalgo, Kenai, Alaska 99611, hereinafter collectively referred to as "The Parties," witness' The City is preparing to enter the second year of a two-year VISTA (Volunteers in Service to America) economic development project, which calls for both implementation of the strategic economic development plan developed in year one, commonly referred to as the KEDS (Kenai Economic Development Strategy) plan, and for initiating and responding to economic development inquiries and oppommities; and The Parties have worked closely and cooperatively with each other during the first year of the VISTA project to develop the KEDS; and The City and the Chamber are currently at a disadvantage in pursuing further economic development efforts by the lack of a formalized business attraction program to revitalize various lagging sectors of the local economy, e.g. retail; and The City and the Chamber have voiced the need to have updated marketing materials for several years; and City budget deliberations for the fiscal year ending June 30, 2005 resulted in Kenai City Council approval of a budget item for advertising in the amount of Ten Thousand Dollars ($10,000.00) for the production of materials suitable for a business attraction program; and The Parties, by this Agreement, intend to fix their respective responsibilities with reference to each other and to the creation and implementation of a business attraction program. Therefore, in consideration of the benefits that shall accrue to the Parties by virtue of this Agreement, it is mutually agreed as follows: le e The City shall grant financial assistance to the extent stated below and shall be the sponsor of the business attraction program. The Chamber shall develop the program to include: Creation of a power point on "Why Kenai?" and the production of CD's for distribution to City council members, Chamber board members, staff, and others for their use in marketing Kenai and also suitable for inclusion in mail-out packets. Creation and production of a brochure to attractively highlight community interests and assets. · Creation of a letter template, so that individualized and handwritten note(s) can be quickly made and sent with each packet as described in Attachment A. · Creation and maintenance of a webpage, linked to the City website, containing Area demographic information Points of contact for entrepreneurs and developers Maps of the area Available public land for development Local service and community information Local permitting and tax information 3. The Parties will develop, fine-tune, and track a process similar to that described in Attachment A by working cooperatively to market and locate new business start-ups in the community. 4. The City will grant to the Chamber a budgeted amount not-to-exceed Ten Thousand Dollars ($10,000.00) to fulfill the intent and the terms of this Agreement by June 30, 2005 in accordance with the budget described in Attachment B. The Chamber will provide monthly progress repons, in writing by the middle of each month, to the City showing the stares of the work and expenditures to date in relation to the overall budget. 5. Revisions to this Agreement may be made only in writing and signed by both Parties to the Agreement. AGREED this day of ,2004: Kenai Chamber of Commerce by: City of Kenai, Alaska by' Sue Carter, Executive Director Linda L. Snow, City Manager ATTEST: Signature Signature Title: Title: ATTACHMENT A BUSINESS ATTRACTION PROGRAM PROCESS OUTLINE FOR ECONOMIC DEVELOPMENT INQUIRIES OR LEADS The tasks set forth below are not intended to be mandatory but representative of the process the Parties can use to implement this Agreement. Kenai Chamber of Commerce Activities When the Kenai Chamber of Commerce receives an inquiry or lead with respect to new business start-ups or related economic development prospects, it will: 1. Ascertain the contact information so a return call and follow-ups can be made. 2. Ensure the mailing of marketing packet material, including a hand-written letter from either the Chamber President or City Mayor or both. 3. Record the inquiry or lead for monthly and annual tracking and reporting to the City. 4. Submit information about the inquiry to the City Manager's office. Ci~. of Kenai Activities When the City receives an inquiry or lead of this type, it will: 1. Direct the inquiry or lead to the City Manager's VISTA office. 2. The VISTA Economic Development Coordinator (EDC) will submit information about the inquiry to the Chamber so the business attraction packet, hand-written letter(s), and related information will be mailed out. 3. The EDC will attempt to follow-up on the inquiry or lead at least five times, track and report monthly about all economic development follow-ups and contacts. 4. The EDC will attend all Chamber Board meetings with the City Manager and will give a stares report on all activities related to the business attraction program. ATTACHMENT B BUSINESS ATTRACTION PROGRAM BUDGET Professional Website Creation $ 2,500 Power Point CD 200 Printing 5,100 Postage 1,200 Supervision/Staff Time 1,000 Total Projected Budget $10,000 The projected cost is based upon 350-500 business/relocation inquiries annually. C,T¥ KE. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM 1992 TO' FROM' DATE' RE' Mayor and Council Members Carol L. Freas, City~.~e~k~_.~,/ August 11, 2004 CO UNCIL ON AGING RESIGNATION It has been brought to my attention Sam Huddleston verbally resigned from the Council on Aging. I have included copies of applications on file for appointment consideration. clf CITY OF KENAI "Village with a past--City with a future." BACKGROUND AND PERSONAL DATA- R'EcE]V . , AUO - 9 200 CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Resident of the City of Kenai? NAME: How long? Residence Address Mailing Address Home Fax No. Home Telephone No. ~ 0 r7 - ,,~ ~,~ - ~ ~ ! Business Telephone No. Business FaxNo. .... ' NAME OF SPOUSE: Membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE .'[' http://www, ci.kenai, ak.us/c ommis si ons/c ommis sionapp lic ation, htm 8/4/2004 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS I~ YOU POSSESS TO BRING TO THE . BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? h _/~LO P- L.OC~ r lC E(.~ ~) ~ h Signature Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (fax), 283-7535, ext. 231 (phone) http ://www. c i.kenai, ak. us/c ommis sions/c ommis sionapp lic ati on. htm 8/4/2004 CITY OF KE "Village with a past -- City BACKGROUND AND PERSONAL CANDIDATES FOR APPOINTMENT COMMISSIONS DATE: Resident of the City of Kenai? c~ ~__ HO--long? Residence Address ,~-' ~~ ~~ ~~~~, ~~0 Marling Address ~ ~ ~~ ~ ~/ q Home F~ No. ~ Business F~ No. ~ EMPLOYER: NAME OF SPOUSE: ~'~~J c~,n_~-~_~ Current membership in organizations: Past organ~atio~ memberships: _ · /~<:z-t_' _~o///Home Telephone ',, 'Buainess Telephone No ~ Emml Address: ~ Job Tiff, ~5 '~~~, COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~--~_~,.~o__.~' ~_ WHYDO YOU WANT TO BE INVOL~D WITH THIS COMMISSION OR COMMITTEE2 , WHAT BACKGROUND, EXPERIENCE, OR CREDENT~S DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Si~ature Resident of the City of Kenai? ! Residence Address ,.~ ~ t · 7~_~i~ ? Mailing Address Home Fax No. Business Fax No. EMPLOYER: //~~ NAME OF SPOUSE: CITY OF KENAI "Village .ith a past - Ci0' ;ffth ~ t'umre.~' DATE: BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMIS~ :~oNs ~ ~C~[\./~.D " { JUL'i '-' /7- d~ , '--'-" KENAI CITY CLERK / How long? ..Home Telephone No. ,~ ,~' 3 - 7/~ ~S ~ Business Telephone No , Email Address: ~y/~ ~ f .~. ~ ta ,~ ~. /bc.T Job Title Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ' '- .-? ~ u .... I ~L-~~/ Si[nature CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALAS~ 99611 (907) 283-4156 Council on Aging Application Mailing Address Residence Address i Jl KENAI CiTY CLERK Telephone Current memberships in organization: My involvement at the senior center: CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT '~NAI, ALASKA 99611 (9O7) 283-4156 Council on Aging Application Name Betty Curtis Mailing Address 381 Senior Court, #303, Kenai, AK Residence Address same Phone 283-1916 Current memberships in organization: Senior Connection TOPS My involvement at the senior center: Various Volunteering My interest in becoming a member of the advisory board came about because, I 're,alized if I wanted to make changes, I needed to partite · signai~re Date KENAI HARBOR COMMISSION MEETING AUGUST 9~ 2004 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA 0'-5 ITEM 1' ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9' ITEM 10: ITEM 11' CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- July 12, 2004 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion-- Dip Net Fishery/Future Operational Improvements Discussion -- September Meeting/Move or Cancel REPORTS Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS/(~UESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Kenai City Council Action Agendas of July 7 and 21, 2004. 7/15 / 2004 Dock Rate Schedule. ADJOURNMENT KENAI HARBOR COMMISSION MEETING AUGUST 9, 2004 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIR TOMMY THOMPSON, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER & ROLL CALL Chairman Thompson called the meeting to order at approximately 7:00 p.m. The roll was confirmed as follows: Commissioners Present: Commissioners Absent: Others Present: P. Barrett, G. Foster (arrived at 7:09 p.m.), J. Barrett, G. Spracher, and T. Thompson B. Eldridge and S. Romain Council Member Jim Bookey and Public Works Manager Keith Kornelis ITEM 2' AGENDA APPROVAL The following items were added to the agenda: ADD TO: ADD AS: Item 6a, Dip Net Fishery/Future Operational Improvements Information Item 10-b, Updated Harbor Commission Membership List MOTION: Commissioner Spracher MOVED to approve the amended agenda and Commission J. Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MEETING SUMMARY -- July 12, 2004 MOTION: Commissioner J. Barrett MOVED to approve the meeting summary as presented and Commissioner P. Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5' OLD BUSINESS-- None. ITEM 6' NEW BUSINESS Discussion -- Dip Net Fishery/Future Operational Improvements Public Works Manager Komelis reviewed the information handed out at the beginning of the meeting and noted the information was reviewed by council at their August 4 meeting. Komelis noted, a more detailed report will be presented by the Dip Net Fishery Committee in the near future. General comments and discussion included: · Concerns of people leaving fish carcasses on the beach. Use of turnout at the bridge; it was noted the turnout is State owned and DOT maintains it. It was suggested the city research liability responsibilities relating to death caused by persons stepping out too far into the fiver and being carried away by the current. (It was noted signage may help in that regard.) · Review "no wake zone." Discussion -- September Meeting/Move or Cancel Komelis noted, the September meeting falls on the Labor Day holiday. He asked if the Commission wished to reschedule the meeting or request it to be cancelled. MOTION: Commissioner Spracher MOVED to request cancellation of the September meeting and Council Member J. Barrett SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Director-- Komelis reported, it had been a good year at the dock as operations seem to be getting better each year. There were no questions. Dock Foreman -- No report. 7-c. City Council Liaison -- Council Member Bookey reported the following: · A helmet ordinance was passed by council at the August 4 meeting. He explained the ordinance and noted it would affect persons under the age of 16. Moms Porter, who previously donated antique Snug Harbor equipment to the city, would like to have it donated back to him. There is a tax problem in allowing that to be done. If the city declares it surplus equipment, it would have to go to auction. Bookey stated he believed the city should keep the equipment. ITEM 8: COMMISSIONER COMMENTS/~UESTIONS Members welcomed new member Pete Barrett to the Commission. ITEM 9. PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of July 7 and 21, 2004. HARBOR COMMISSION MEETING AUGUST 9, 2004 PAGE 2 10-b. 7/15/2004 Dock Rate Schedule. ITEM 11' ADJOURNMENT MOTION' Commissioner J. Barrett MOVED to adjourn and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8'06 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING AUGUST 9, 2004 PAGE 3 KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS AUGUST 3, 2004 7:00 P.M. AGENDA ITEM 1: ,, ITEM 2: ITEM 3' ITEM 4: ITEM 5: ITEM 6: · ITEM 7: ITEM 8: ITEM 9: ITEM 10: ,,, ITEM 11: CALL TO ORDER & ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY -- July 6, 2004 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion -- Scheduling Library Subcommittee Meetings REPORTS Director Commission Chair Friends of the Library City Council Liaison COMMISSIONER COMMENTS/OUESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Kenai City Council Action Agendas of July 7 and 21, 2004. ADJOURNMENT KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS AUGUST 3, 2004 7:00 P.M. CHAIR EMILY DE FOREST, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER & ROLL CALL Chair DeForest called the meeting to order at approximately 7'02 p.m. confirmed as follows: Roll was Commissioners Present: Commissioners Absent: K. Heus, E. DeForest, J. Brown, B. Peters, and C. Brenckle K. Dunn and J. Rodes ITEM 2: AGENDA APPROVAL MOTION: Commissioner Peters MOVED to approve the agenda as presented and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- July 6, 2004 MOTION: Commissioner Heus MOVED to approve the meeting summary of July 6, 2004 and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD-- None. ITEM 5: OLD BUSINESS-- None. ITEM 6: NEW BUSINESS ,, 6-8, Discussion -- Scheduling Library Subcommittee Meetings The Commission reviewed the information included in the packet relating to meeting requirements, i.e. posting, scheduling, etc. The Commission agreed members to the subcommittee would be Judge Hugelet, Commissioner Brenckle, Council Member Gilman, and Library Director Jankowska. It was requested the City Clerk schedule a meeting after Labor Day, though no specific date was suggested. ITEM 7: REPORTS 7-a. Dizector-- Director Jankowska noted the following: · Distributed yearly 2003-2004 statistics and noted circulation numbers are similar to last year's. · Library received a $5,000 grant for medical books and videos. Anchorage library would like to arrange for an exchange, i.e. patrons would be able to borrow books from participating libraries. · Library now has Anchorage Daily News on line and the passwords are available to library patrons. Commission Chair-- No report. Friends of the Library -- The following was reported: The concept of a spelling bee was presented as a possible fundraiser The summer reading program ended and was very successful. The Rassmusson grant application was being submitted for a museum case for donated Native dolls. · Tickets for the October fundraiser were available for sale. The book sale was very successful. 7-d. City Council Liaison -- Council Member Gilman reported the Library subcommittee was approved at the last council meeting. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Heus stated she was pleased a subcommittee was formed to research thc possibility of the Community Library housing the law library. sale. Brenckle congratulated the Friends of the Library on the success of the book ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFO~TION 10-a. Kenai City Council Action Agendas of July 7 and 21, 2004. ITEM 11: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjoum and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7'51 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING AUGUST 3, 2004 PAGE 2 ITEM 1' ITEM 2' ITEM 3: , ITEM 4: ITEM 5: ITEM ITEM 7: ITEM 8: ITEM 9' ITEM 10: ITEM 11: KENAI PARKS/~ RECREATION COMMISSION AUGUST 5, 2004 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMMARY. -- July 1, 2004 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion-- Boys & Girls Club Presentation Discussion -- Flea Market NEW BUSINESS Discussion-- Project Status Report ~PORTS Commission Chair Director City Council Liaison COMMISSION ~UESTIONS ~ COMMENTS PERSONS PRESENT NOT SCHEDULED TO BE HEARD, INFORMATION Council Action Agendas of July 7 and 21, 2004. Beautification Committee Meeting Summary of July 13, 2004. Recreation Center User Report (Boys & Gifts Club) Disk Golf Af~reement ADJOURNMENT KENAI PARKS ~k RECREATION COMMISSION AUGUST 5, 2004 CITY HALL COUNCIL CHAMBERS ?:00 P.M. CHAIR RICHARD HULTBERG, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER/ia ROLL CALL Chair Hultberg called the meeting to order at approximately 7:05 p.m. The roll was confirmed as follows: Commissioners Present' Commissioners Absent: Others Present: R. Hultberg, D. Sandahl, M. Baxter, R. Mills, and J. Castimore K. Steiner and T. Wemer-Quade Council Member Rick Ross and Parks & Recreation Director Bob Frates ITEM 2: AGENDA APPROVAL There were no changes and the agenda was approved as presented. ITEM 3: ,. APPROVAL OF MEETING SUMMARY, -- July 1, 2004 Commissioner Baxter suggested a clarification be made relating to the July 1 meeting summary, i.e. the East End Trail expansion is through the wetlands and the disk golf project is to be placed in the established East End Trail area. The meeting summary was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Discussion -- Boys & Girls Club Presentation Frates referred the Recreation Center User Statistics which were included in the packet and asked for questions. Commissioner Baxter inquired about user numbers and the methodology by which patrons are counted and how that compares to previous years. Frates reported he though the methodology was probably similar to the method currently being used. Frates stated the number always seem to fluctuate from year to year, but felt overall, user numbers are comparable to prior years. Discussion -- Flea Market Frates explained he was not necessarily sure why the response was low related to the flea market proposals, considering some interest was perpetuated from the front page newspaper coverage. Discussion followed as to why there was a low response and ways to attract more interest, possibly by changing some of the written language. Frates stated, some comments he received were the lack of highway frontage and the fact groups have limited resources. Commission members felt those were minor reasons. Council Member Ross suggested lessening of restrictions and soliciting the proposals during the winter may assist in attracting interest. MOTION: Commissioner Sandahl MOVED to request administration to bring back a revised proposal in September for a recommended October advertising. Commissioner Castimore SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS Discussion-- Project Status Report Frates referred to the Project Status Report included in the packet and updated the Commission of activities related to Municipal Park and Section 36 projects, along with two grant opportunities, including LWCF and Alaska Recreation Trails grants. Commission comments included: · Castimore suggested one-hour parking along South Forest Drive during dip net season due to parking congestion. · Hultberg stated he felt Municipal Park is a disgrace and there are beetle kill trees that could be removed along with brush clearing. He asked why more care couldn't be taken with tree removal, clearing and picnic tables. · Sandahl suggested the Section 36 development be the Commission's first priority as he felt grants should be pursued for both the Section 36 project and Municipal Park maintenance. Council Member Ross suggested the Commission work with the user groups, along with scheduling a work session with council to discuss both issues. Sandahl restated his desire the Section 36 project be a first priority and Municipal Park the second, but seek funding for both projects. He noted, this information should be relayed to council as well. Ross suggested the Commission meet with the user groups on an individual basis to seek specific information related to design, use, and resources. MOTION: Commissioner Sandahl MOVED to recommend Section 36 be the Commission's first priority and Municipal Park the second, but that grants be actively pursued for both areas and the Commission meet with individual user groups beginning in September. Commissioner Baxter SECONDED the motion. VOTE: [ Hultber§ [Yes [ Sandahl [Yes [Baxter [Yes PARKS & RECREATION COMMISSION MEETING AUGUST 5, 2004 PAGE 2 MOTION PASSED UNANIMOUSLY. ITEM 7: REPORTS Commission Chair-- No report. 7-b. Director-- Frates reported the helmet ordinance was passed by council. During the council/public hearing discussion, helmet use at the Multipurpose Facility and Skate Park was questioned. The issue will be placed on the Commission's September agenda. He also updated the Commission on the South Spruce Street Wetland Project, dip net fishery, cemetery and gazebo project, and disk golf at East End Trails. 7-c. City Council Liaison -- Ross reported on the helmet ordinance and that the Commission will most likely be discussing helmet issues at the multipurpose facility and skateboard park. ITEM 8' COMMISSION (~UESTIONS/h COMMENTS Commissioner Castimore suggested the changes at the cemetery not get too fancy and that other shapes and structures could accomplish the same thing. The important thig is the wishes of Frank Getty be fulfil/ed, i.e. a place to sit and reflect. ITEM 9: ,, PRRSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: II~IFORMA?ION 10-a. 10-b. 10-c. 10-d. Council Action Agendas of JulY 7 and 21, 2004. Beautification Committee Meeting Summary of July 13, 2004. Recreation Center User Report (Boys & Girls Club) Disk Golf Agreement ITEM 11: ADJOURNMENT The meeting concluded at approximately 9:00 p.m. Meeting summary prepared by: Carol L. Freas, City Clerk PARKS & REC~ATION COMMISSION MEETING AUGUST 5, 2004 PAGE 3 nal Municipal Airport II Monthly Report II August 12, 2004 FedEx: The Airport has a small professional services purchase order in place with KPA (Keiser Phillips Associates), Aviation Consulting Services to determine the disposition of the FedEx relocation effort and make a recommendation to Administration on options available to the City. KPA has consulted on several large ventures involving FedEx and Oakland (FedEx Regional Hub), Spokane and Anchorage. KPA also has extensive dealings with all the major third party facility developers. Passenger Enplanements' The new passenger service offered by BELLAIR, Inc. d/b/a/Kenai Express reports increased enplanemems compared to June. ERA Aviation reported an increase in enplanements compared to July 2003. Fish Haul Operations' We have seen an increase in Fish Haul aircraft compared to 2003. We have been told that fish hauls will continue through August which is good news for our local processors. Everts Air Fuel: Clifford Everts has written requesting an approximate date when they might begin cleating their lot. He states "our plan was to get the land cleating and dirt work done this year so we would be prepared to erect a building next summer." Klm Howard, Assistant to the City Manager reports that the application was received June 1 st and the appraisal was ordered in early July with an expected delivery date of September 10. It seems unlikely that Mr. Everts will have time to move forward this fall. The City will continue to expedite the process to the extent the Code allows. In the mean time, I have spoken to Phil Bryson and Jack LaShot and they are idemifying airport property that has potential for disposal of clean overburden that might be removed from Everts lot or the proposed Bellair lease lot. 'CITY OF KENAI 210 FIDALGO AVE., surrE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907.283.7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manage~~ August 11, 2004 Department Report for Council meeting of August 18, 2004 A current Public Works bid information sheet is included as an information item. Just an update on what we are doing about the Multi-Purpose Facility. Sinc~ them am so many opinions on what to do about the condensation problems, and limited funds to expend, we have decided to hire an engineer experienced with humidity induct~:l moisture problems like we have in the facility to give us a study with potential solutions. Them most lik, ly will be recommendations for immediate short-term benefits, within present budget constraints, and long-term solutions for future capital projects at the f~cility. As explained by a separate memo, we would like to transfer funds to replac~ the City Shop vehicle hoist. A PO will be at the August 18, 2004 City Council meeting for approval. 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 August 9, 2004 TO: Linda Snow, City Manager~,~t. ~) From: Scott Walden, Fire Chief ~ Subject: July 14- August 9, 2004 Del trtment Report Type of This This 2004 2003 Difference Percent Response Period Period to date to date increase last yr for Year Fire 19 10 77 80 -3 EMS 90 61 469 400 + 69 + 14.5% , Other 31 20 102 99 + 3 ,, TOTAL 140 91 648 579 + 69 + 8.5% ,, "Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms, ARFF. Assisted in planning, preparation and presentation of Public safety building dedication for Officer Watson, and hOsted reception following ceremony. Unveiled landscape and bench in memory of Asst. Chief Donald Morgan. Our gratitude and appreciation goes to the Parks Department and Senior Center for the assistance they provided for these events. Department was awarded a State of Alaska grant for a Thermal Imaging Camera (TIC). Several brands and models were evaluated by both the fire and police departments over a two week period, and were used on 3 actual respOnses during that period. Ordinance 2059-2004 is on the agenda for this item. Met with architects on new construction plans, in cooperation with Building Official, and painters began touch up work on exterior of public safety building. Worked with police and shop to initiate a stop-gap vehicle exchange between fire and , police departments to put a more dependable car in service for KPD and to provide the fire department temporary use of a pickup. This exchange will temporarily fill a need for vehicles in both departments, but. will need addressed on a permanent basis in budget discussions.. .. .... -. Began drafting public education program on helmet use and revision of resolution tabled by Council at last meeting. 'CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7S35 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager~½.~ August 10, 2004 Replacement of the City Shop vehicle hoist As discussed with you recently, the light vehicle hoist at the shop (installed around 1980) has reached a point where we think it is a liability to keep. The hoist has been a maintenance problem for several years, but due to budget constraints and the potential for a new shop facility, we have postponed replacement. The original manufa~urer went out of business about seven years ago. Until recently, we were able to get repair parts from other sources for a higher prim, but the parts are harder to find now. Also, the hoist did not pass the last inspection and is leaking hydraulic fluid. This also potentially is a safety issue. Rather than gamble that the hoist c~n again be repaired long enough to get to a new budget pedod, we recommend replacement now. The proposed new hoist can be purchased and installed for about $6000. Our personnel will remove the old hoist and fill the hole with concrete. The new hoist can also be relocated should a new facility be constructed in the future. With your concurrence, we will ask Finance to prepare a resolution to transfer funds. Monthly Report For Au~3ust 18, 2004 Keith Komelis~ Public, Works Mana;er ~)Kenai Coastal Trail:. Linda and I met with the Corps to discuss the economic analysis they are doing as part of the proje~. The compiled summarized corps report is scheduled for completion in ^ugust. The city is on the study team to review this report. New Well House 4: I met with the DNR last month to look at the site. We just received the 'Final Finding and Decision" draff,"which recommends procuring with the sale. Nelson and Associatos is wo~i~ on the well house design. We are running water pilot tests on this well the first and third week of August (I am asking the troatment companies to also look at color removal in Well House 2). Our goal is to be operating by next summer. Kraxberger is decommissioning the exploratory wells at Swims and Lawton. Keemau Subdivision: This is Zubeck's subdivision off Lawton by the golf course. sewer are complete. I am waiting on only a few items before accepting this project. The paving, water, and Streetli~hts: I met with North Coast Electric. ! have received their proposal to stock our streetlights. Wastewater Facility Plan' GeoNorth is working on our GIS for our sewer system as part of this project. Wetlands Protection - S. Spruce Project: We have started to work on this project which is funded with a $12,000 U.S. Fish & Wildl~ matching grant. The project is to protoct the wetlands next to S. Spru~ and to encourage people to use the trail and stay off the wetlands. We will be using concrete piles along $. Spruc~ and 6" X 6" posts with polyester mp~ for a barrier along the trail. _Boating Facility Launch Ramp and Road Exit Project: We have received the $350,000 grant from the · :~ stat~ for ~is project. Nelson is working on the design that will add two launch ramps. The Conservation .... )~'Fund is having an appraisal done on their uplands where we want to build an exit road from this facility to ~ Bridge Access Road to possibly trade for some cit7 wetlands. After we rocoive their appraisal, w~ will look ~.-~' at city-owned wetlands of estimated equal value to have appraised for the trade. Dip Net Fishery: The season is over, and we are cleaning up and stodng items that we will need again next year. The dip net committee will be submitting a detailed report on the season. Each year we gather information and input from everyone for a report on the current year and recommendations for next the year. Industry Appreciation Day: Public Works may have an equipment display for this day. Wild Rose Subdivision: The city has approved this new subdivision off Beaver Loop next to the dver. Safety Audit: CBR Consulting is starting the city facilities' safety audit. Streets & Dock: We have stored the dip net pay stations, hauled gravel, graded roads, sealed cracks on the Airport and Streets, repaired culverts, and built up the shoulders along the side of strip-paved roads. We have swept streets, bike paths and parking lots, filled potholes, cut brush in intersections, replaced the barricade on N. Spruce and Second St., and started to clean the yard. Water & Sewer: We have repaired fire hydrants, found and repaired water key boxes, back flushed WI-I~I, worked on a chlodne pump at the 3 M tank, worked with West Coast Filters and Filtronics on WH~4 pilot test study, hauled gravel and graded around well houses and lift stations, worked with Fire Department at Hailer St. fire, and worked on chemical pump and system communication failures. We are collecting water samples for copper and lead testing from customers for our required testing program. Wastewater Treatment Plant; The VVWTP is working on the generator transfer switch and the vactor dump station. They have replaced the lab sinks and countertops. We have completed the testing for our new NPDES permit. TO- KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KEN~, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 Linda L. Snow, City Manager FROM: Charles M. Kopp, Chief of Police DATE: SUBJECT: August 12, 2004 July 2004 Report The Police Department responded to a record 884 calls for service in July. A very busy dipnet fishery, a surge in business and tourist activity, community events, and a corresponding increase in property and person crimes drove this large volume of calls. The department is currently advertising for the open police officer position approved by council for FY 2005. July 4 Parade Day was a success, and well attended by residents from all over the Peninsula. July 10 - 31 Dipnet Days proved again to be a user intense fishery. The City of Kenai continues to streamline its management practices for the fishery. The Police Department is currently working on a detailed 2004 Dipnet Fishery Report that will include a thorough analysis of the fishery and recommendations for 2005. Police, Parks &Rec, and Public Works all worked well together to make this fishery a positive event for our City. July 13 the department conducted firearms training and qualification. July 22 the Kenai Police Department building was dedicated to the memory of Officer John Watson. Thanks to all who served and participated in this dedication. Officer Langseth attended a 3-day FBI criminal profiling seminar. Officers Tumage and Whannell obtained certification to conduct methamphetamime laboratory investigations. Sergeant McBride completed his second month at the FBI National Academy. He is scheduled to remm to duty September 4. "gilla e with a Pas , with a ?.ture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692/FAX: 907-283-3693 KENAI. ALASKA To: Linda Snow, City Manager From: Robert J. Frates, Parks & Recreation Date: August 12, 2004 RE: Monthly Report- July Director~ July was an exceptionally busy month'for the Parks & Recreation Deparunent. The dip net fishery commanded a lot of attention involving preparation, administration, and coordination with other departments, including Boys & Girls Club with their Project Protect and ALPAR activities. Post dip net activities concluded with a clean up of the beach areas and a debriefing of Parks staff involved in the operation. The tent campground was heavily used throughout July, particularly during the dip net fishery. A handicap portable restroom has been placed on site the past two seasons to accommodate users along with additional patrols throughout this period. Increased use was also evident along key vantage points along the bluff, particularly Erik Hansen Scout Park, South Forest Drive, and near the Senior Center. Vandalism to the portable restroom located at Old Town Park unfortunately prompted the removal of that unit. July was particularly challenging due to the lack of moisture coupled with water restrictions. Watering of turf and flowers was a daily routine and often included evenings and weekends. The painting of the Softball Greenstrip was f'malized and parks installed new BBQ pits. Additionally, the parks crew placed three (3) benches along Frontage Road near the Senior Center and installed benches and a trash receptacle at the Blue Star Memorial Greenstrip. Additional beetle kill trees were also cut at Municipal Park The Parks Department worked with administration and Mr. Ross Baxter on the new disk-golf proposal for East End Trails as well as the Visitors Center staff and Booth's Landscaping for the reconstruction of a pre-existing flowerbed. Administration did not receive any proposals for the Flea Market; thus, revisions will be made to the proposal in attempt to attract more interest. The Planning and Zoning and Parks & Recreation Commission will be reviewing Sect. 36 and conceptual drawings for sports riel& and forwarding a recommendation to Council as to whether or not property should be retained for public purpose. Additionally, the Director is working with the Kenai Lions Club on the possibility of the Club's assistance with Municipal Park projects in addition to removal of more trees. The Director will be reviewing the possibility of tying in picnic sites with the wetlands protection project performed by Public Works. Linda Snow From: Ewa Jankowska Sent: Thursday, August 12, 2004 10:14 AM To: Linda Snow Cc: Kim Howard Subject: Kenai Community Library Monthly Report- July 2004 On July 12 the Library ended this year's summer program with the wrap up party. The kids and their parents enjoyed the beautiful sunny weather and the cake in the shape of the Lower 48 to keep up with the theme of the Bicentennial celebration of the Lewis and Clark Expedition. Although the main summer reading program ended, our youngest Library patrons continue to come to our regular story times twice a week. As every summer during the fishing season, we had a great influx of tourists, fishermen and foreign students working at the fish processing plants. They were happy to be able to use our Internet terminals to stay in touch with family and friends at home; in Mexico, Poland, Czech Republic, Slovakia and Turkey. We were glad to see that more people are taking advantage of our wireless Internet connection, using their own laptops and thus freeing the desktop computer terminals for others to use. We were informed by the Alaska State Library that in response to our grant application we received $5,617 to purchase medical and consumer health related books and audiovisual materials. This collection should be the largest on the Peninsula and will enhance the hospital's participation in the Planetree Model of Care that is supposed to place greater emphasis on patients' education and their ability to discuss their condition with healthcare providers. 8/12/2004 MEMORANDUM To: From: Date: Subject: Total number of days rented in July: July 2004 Meals served: Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals Served: Linda Snow, City Manager Rachael Craig, Senior Center Director August 11, 1004 Monthly Report for July 9 days 2,475 1,477 992 6 July 2003 Meals Served: Total Congregate Meals Served: Total Home Meals Served: Transportation Provided: Unassisted Transportation' Assisted Transportation' 1,304 1,094 390 320 The Center had a total of 1,016.25 volunteer hours for the month. July is the month for one of the biggest fun~aisers of the year, the 4th of July Pie Booth. The seniors made and sold approximately 200 pies cooked at least 600 hotdogs and 200 cans of soda. The "Busy Bees" quilting club sold 1800 tickets for their quilt. It was a wonderful day for all. It made all the hard work pay off. The director was on the Chamber committee to organize events of the day. The seniors participated in the parade, taking home 1 st in organizations, and overall grand prize. The Senior Center has welcomed many visiting seniors into our Center this summer. They have not only come for lunch but have participated in program and activities. It has been great to have visitors comment, "This is the best senior center around." Staff continues to see a big need in assisting seniors complete government forms for public assistance, for SS, SSI, Medicare and Medicaid. As the prescription drug program comes into full swing, the verbiage, and the paperwork overwhelm our seniors. They give up before they get started. Our staff are have and will continue to assist our seniors finding reduced meds and healthcare. '~ · Memorandum- City of Kenm From: Linda Snow, City Manager Robin Feltman, Accountant Phone: 907-283-8229 Dat~: 8/13/2004 Re* Finance Department Report The finance department is continuing to working on the financial statement. The auditors were in the office in July doing preliminary work and will return in October to finish the audit. The busy summer season always generates additional work in the finance department. There is an increase in public contacts and inquiries, an increase in purchase orders and checks issued, approximately 20 temporary employees are processed for summer work at various city departments increasing the payroll and personnel duties. There is always an increase in money-handling transactions generated by dip net parking, commercial and sport fishing activities, park and senior center rentals and other summertime revenue generating activities. We are fortunate to have finance department employees who are willing to work longer hours or adjust their schedules to accommodate those days when the workload is heavier. INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 18, 2004 7/2004 Float Plane Basin Activity Report and Kenai Municipal Airport Enplanement Reports. , 8/04 Cook Inlet Regional Citizens Advisory Council, Council Briefs. , 8 / 17 / 04 Kenai Peninsula Borough Assembly Meeting Agenda. e 8 / 04 Public Works, 2004 Bid Information Report. 5~ 7 / 04 Kenai Community Library, Use Report. FLOAT PLANE BASIN ACTIVITY 2001-2004 Municipal Airpor~ 2004 2003 2002 2001 99 161 428 Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER Tetal 688 86 158 259 287 215 63 Closed 1068 94 223 345 233 153 37 10 1085 n/r n/r 313 243 127 24 Closed 7137 *not reported Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER Total 2004 $452 $2,209 $2,095 $4,756 2003 $835 $1,391 $1,773 $2,513 $2,219 $8,730 2002 $98 $1,986 $2,757 $2,419 $983 $65 $8,308 200t $386 $1,189 $3,221 $1,564 $1,565 $395 $8,320 Slips Rented Private Commerical Alaska Adventure Air Rev 8~2003 JULY 2004 10,654 10.47% 89.53% Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 2004 Monthly Enplanements ERA 6,326 5,922 5,993 5,618 5,700 6,312 9,539 45,410 BELLAIR 0 0 0 0 0 557 1,115 1,672 Month Total 6,326 5,922 5,993 5,618 5,700 6,869 10,654 0 0 0 0 0 47,082 2000-2004 5 Year Average 7,354 6,704 6,903 6,272 6,820 7,545 10,969 BELLAIR, Inc. started service June 1, 2004 MONTHLY PASSENGER ENPLANEMENT ACTIVITY 14,500 13,500 12,500 11,500 10,500 9,500 8,500 7,500 6,500 5,500 4,500 3,500 2.500 1,500 500 1'!2000 ] 12OOlI ~:o02 ~ 'i2003t [12004 Jan Feb 7,859 7,815 Mir 8,300 7,137 8~16 7,058 7,829 7,046 7,371 6,902 6,454 5,602 5~ 5,375 6,326 5,993 5,618 5,922 Mly 7,531 8,143 6,880 5,848 5,700 Jun 9,086 9,044 6,740 5,988 6,869 Jul 1~736 12,093 ,, 9,979 9,445 10,654 11,040 10,807 8,644 7,674 Sept 8,994 6,334 6,684 6,435 O~ 8,464 7,582 6,309 6,120 Nov 7,612 7,345 6,023 S,820 7,968 5 yr. Change Average Change from 2000- from 5 yr. Month 2004 2003 2003 2004 Average Jan 6,326 6,454 -128 7,354 -1,028 Feb 5,922 5,602 320 6,704 -782 Mar 5,993 5,280 713 6,903 -910 Apr 5,618 5,375 243 6,272 -654 May 5,700 5,848 -148 6,820 -1,120 Jun 6,869 5,988 881 7,545 -676 Jul 10,654 9,445 1,209 10,969 -315 Aucj 7,674 0 Se@ 6,435 0 Oct 6,120 0 Nov 5,820 0 Dec 6~688 0 '~tals 47,082 76,729 3,090 -5,485 ne/ Municipal Airport w~.circac, org Change of Command RADM Olson Returns to 17th USCG District When Rear Admiral James W. Underwood recently handed over com- mand of the Seventeenth Coast Guard District and other duties to Rear Admi- ral James C. Olsen, he passed along re- sponsibilities for personnel patrolling over 3.8 million square miles of ocean and 45,000 miles of tidal shoreline. That's ~eater than the area of the entire United States, including Alaska, and more than half its total shoreline. That's a big office. The area includes what has become the world's second most. popular cruise destina- tion with 700,000 passengers each year, the sometimes contentious 200-mile Economic Exclusion Zone and a larger area in the North Pacific to stop illegal, large-scale high seas drift netting, and top it all off with the Port of Valdez where 18 percent, of the America's oil production begins it's maritime journey. RADM Underwood's career began in 1968 when he entered the U.S. Coast Guard Academy. He later earned a Bach- elor of Science degree from Harvard Univerity's John F. Kennedy School of Government. His career has taken him around the countrY on posts in Long Beach, CA, Coos Bay, OR, Cordova, AK, Charleston, SC, Port Canaveral and Mi- ami, FL, and other locations. New locations often meant new assigtunents and he has held positions ranging from Public Aflhirs Officer to ves- sel Commander to Chief of Intelligence and Investiga- tions where he directed op- erations at the Maritime In- telligence Center in Miami. Like RADM Underwood, RADM Olson also served in James C. Olson' i Miami and directed the intel- ligence center there. He returns to Alaska having commanded the Air Sta- tion at Kodiak on a previous tour. A pilot with over 5000 accident-free hours in various helicopters, RADM Olson has served as Director of Operations and Capability as well as other posts in Oregon, New York, Sitka, Seattle, and Massachusetts. CIRCAC Executive Director Michael Munger and Board President Doug Jones attended the Change of Com- mand ceremonies in Juneau last month. August 19: August 23: August 28: August 30: September 6: ,: ........... ..EVents : PWS Presentation on NIS; Islands and Ocean Ctr., Homer EVOS Trustee Council Mtg.; Anchorage Industry Appreciation Day, at Noon; Kenai - Vancouver IS. First Nations Visit; Soldotna Labor Day (Office Closed) Find more events and meetings at http ://www. circac, org/C alendar_aug, html . Second Quarter 2004 Firefighting Manual Online Developed through the PROPS com- mittee, the Marine Fire fighting Manual Project assumes that a major marine fire, particularly a vessel fh:e, may require resources beyond those locally avail- able and that effective response will require resource deployment coordina- tion among a broad range of organiza- tions. The entire manual is also avail- able on the web at www. imcnw, t;om/ %7Ecookinletmff/. Like contingency planning, the fire fighting manual identifies the means and methods necessary to access fed- eral, state, and local resources. Like GRS, the process is workgroup driven and CIRCAC has submitted the prod- uct to the Cook Inlet. Committee tbr Oil and Hazardous Materials Contingency Plan and will ultimately be included in addition to the Cook Inlet Subarea Plan. The firefighting manual provides for a coordinated response by the U.S. Coast Guard and other federal, state, local, and civilian responders to fires onboard vessels or at waterfront facili- ties. CIRCAC and the workgroup inte- grated into the manual relevant policies, responsibilities, and procedures for co- ordination of on-scene responders in- cluding community profiles and capa- bilities, response resources, command and control, initial response actions and several other areas of concern. The second phase of the project, scheduled for completion in 2005, will address the same concerns for the Kodiak Island Subarea. Cook Inlet RCAC 91.0 Highland Ave Kenai, Alaska 996 907.283.7222 Kenai Peninsula Borough August 17, 2004 - 7:00 p.m. ,, , Assem Regular Meeting Borough Administration Building, Soldotna, Alaska Pete Sprague Assembly President Seat 4 - Soldotna Term Expires 2004 Gary Superman Assembly Vice President Seat 3 - Nikiski Term Expires 2004 Dan Chay Assembly Member Seat 1 - Kaliforns~ Term Expires 2006 Paul Fischer Assembly Member Seat 7- Central Term Expires 2004 Betty Glick :mbly Member 12 - Kenai . .. m Expires 2005 Ron Long Assembly Member Seat 6- East Peninsula Term Expires 2006 Milli Martin Assembly Member Seat 9- South Peninsula Term Expires 2006 Grace Merkes Assembly Member Seat 5 - Sterling/Funny River Term Expires 2005 Chris Moss Assembly Member Seat 8- Homer Term Expires 2005 A® Be Ce Do go Fe Go Ho lo J® CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS. 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. APPROVAL OF MINUTES * 1. · August 3, 2004 Regular Meeting Minutes ................... 1 COMMENDING RESOLUTIONS AND PROCLAMATIONS le A Resolution Commending the Nine and Ten Year Old Soldotna Little League All-Star Baseball Team as the 2004 State Champions (Sprague) ............................. 24 PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) lo Central Peninsula General Hospital Quarterly Report (10 Minutes Requested) 2. Health Services Oppommities Collaborative, Marilynn Jackson, System Planner (10 Minutes Requested) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker, 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS August 17, 2004 , Page 1 of 6 Le MAYOR'S REPORT ................................................... 26 le Agreement and Contracts ae Spruce Bark Beetle Mitigation Program: Approval of contract with Doug Koch Professional Tree Service for Ichabod ROW Project ........................ 27 Approval of contract with Paul's Services for Crooked Creek ROW Project ........................................ 30 be Approval of contract with Vogel Fire Protection for annual Fire Sprinkler Inspections at various school locations .................. 33 Approval of contract with Underwriters Laboratories for CES Aerial Ladder Testing ............................................. 35 de Approval of contract with Zumar Industries for KPB Road Sign Supplies .................................................. 36 ee Approval of contract with Wince-Corthell-Bryson for Water/Sewer Service Connections for Central Peninsula General Hospital Addition 37 Approval of contract with S & R Enterprises, dba Peninsula Pumping, for Septic Tank Pumping at various Borough Facilities ............. 38 ge Approval to purchase new vehicle for Planning Department~and Management Division ....................................... 39 Me ITEMS NOT COMPLETED FROM PRIOR AGENDA le Resolution 2004-079: Authorizing the Transfer of Surplus Project Funds to the Susan B. English Natatorium Wall Resurfacing and Sound Treatment Project (Mayor) (Refe~ed to Finance Committee) ....................... 4O e Ordinance 2004-26' Amending KPB 17.10.040 to Authorize the Acquisition of Interests in Lands and Resources Costing $15,000 or Less Without Assembly Approval (Mayor) (Referred to Lands Committee) .............. 47 ** Resolution 2004-051' Supporting the Designation of the Sterling Highway as a State Scenic Byway Between Skilak Road and Anchor Point by the Alaska Departmem of Transportation and Public Facilities (Martin) (Refe~ed to Lands Committee) .............................................. 52 At'gust 17, 2004 Page 2 of 6 4~ Resolution 2004-073' Authorizing the Assessor to Assess Low-Income Housing Tax Credit (LIHTC) Projects based on Restricted Rems (Mayor) (Referred to Finance Committee) .................................... 74 Resolution 2004-074' Authorizing the Mayor to Enter a Maintenance Agreement for the Bear Creek Fire Service Area Flashing Beacon (Mayor) (Referred to Finance Committee) .................................... 97 0 Resolution 2004-075' Amending the Assembly Manual to Clarify the Assembly's Position with Respect to Assembly Business Cards, to Give Guidance to Assembly Members Attending the Alaska Municipal League's Annual Conference, and to Conform to Provisions in the Borough Code and Alaska Statues Relating to Public Notice Required for Special Meetings of the Assembly (Policies and Procedures Committee) (Refe~ed to Policies and Procedures Committee) ........................................... 104 August 17, 2004 0 e *b. Resolution 2004-081' Authorizing Award of a Contract for Artwork Services for the Kenai Peninsula Borough Seward Middle School (Mayor) (Referred to Finance Committee) ...................... 130 *C. Resolution 2004-082: Authorizing Award of a Contract for Bean Creek Development, Birch Ridge Subdivision Road Access Construction (Mayor) (Referred to Finance Committee) ............ 133 Resolutions *a. Resolution 2004-083,,' Proceeding with the Tusmmena Terrace Subdivision Utility Special Assessment District for a Natural Gas Main Line (Mayor) (Referred to Finance COmmittee) .............. 136 *b. Resolution 2004-084: Approving Board Bylaws for the South Kenai Peninsula Hospital Service Area Board (Mayor at the Request of the South Kenai Peninsula Hospital Service Area Board) (Referred to Policies and Procedures Committee) ........................... 147 *¢. Resolution 2004-085' Authorizing the Mayor to Enter a Maintenance Agreement for the Nikiski Fire Service Area Flashing Beacon (Mayor) (Referred to Finance Committee) ...................... 158 *d. Resolution 2004-086' Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee) .......... 167 Ordinances *a. Ordinance 2004-! 9-07: Appropriating $28,000 from the Equipment Replacement Fund to Purchase a Vehicle for the Planning Department (Mayor) (Hearing on 09/21/04) (Referred to Finance Committee) .............................................. 220 *b. Ordinance 2004-19-08' Accepting and Appropriating $22,500 from the Alaska Department of Military and Veterans Affairs to Continue the Work of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Hearing on 09/21/04) (Referred to Finance Committee) .............................................. 222 *¢. Ordinance 2004-29: Amending KPB 21.20.250 to Provide for a Reduced Filing Fee, a Payment Plan, or a Waiver of the Filing Fee for Appeals to the Board of Adjustment by Indigent Appellants (Mayor) (Hearing on 09/21/04) (Referred to Policies and Procedures Committee) .............................................. 227 Page 4 of 6 Qe Re Se We 4. Other ae Approval of Ballot Proposition Summaries (Referred to Policies and Procedures Committee) ..................................... 234 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS September 7, 2004 07:00 PM Regular Assembly Meeting Soldoma ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) o Ordinance 2004-05 (Mayor's Substitute): Amending the Kenai Peninsula Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board of Equalization (Mayor) (Postponed to 09/07/04) (Referred to Policies and Procedures Committee) e Ordinance 2004-19-03' Accepting and Appropriating Four Volunteer Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Hearing on 09/07/04) (Referred to Finance Committee) ge Ordinance 2004-27: Approving Birch and Grouse Ridge Subdivision Local Option Zoning District as a Rural-Residential (R-R) District, and Amending KPB Chapter 21.46.030 (Mayor) (Hearing on 09/07/04) (Referred to Lands Committee) 4~ Ordinance 2004-28: Establishing the Grande View Heights One Local Option Zoning District, and Amending KPB 21.46.040 (Mayor) (Hearing on 09/07/04) (Referred to Lands Committee) e Resolution 2003-094: In Support of CS for HB 240 and SB 186, Acts Relating to Charitable Gaming Through Implementation of Electronic Gaming Machines (EGM) in the State of Alaska (Superman) (Referred to Legislative Committee) (Tabled on 02/17/04) Ge Ordinance 2004-24: Providing for the Submission to the Qualified Voters of the Nikiski Fire Service Area in the Kenai Peninsula Borough, Alaska, the Question of the Issuance of One Million Nine Hundred Ninety-Five Thousand Dollars ($1,995,000) of General Obligation Bonds of the Nikiski Fire Service Area to Pay the Costs of the Nikiski Fire Station 3 in the Nikiski Fire Service Area, at an Election in and for the Service Area on October 5, 2004 (Mayor) (Referred to Finance Committee) (Tabled on 08/03/04) August 17, 2004 Page 5 of ~ U. INFORMATIONAL MATERIALS AND REPORTS V. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on September 7, 2004, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska. This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201A O-FM 88.1 (East Peninsula). Copies of agenda items are available at the Borough Clerk's Office or outside the Meeting Room justprior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800- 478-4441, Ext. 2160. Visit our website at wwn. borough, icenai, ak. us for copies of the agenda, meeting summaries, ordinances and resolutions. August 17, 2004 Page 6 of 6 C) l l 163 Main Street Loop Kenai, Alaska 99611 REPORT FOR JULY, 2004 CIRCULATION Adult Juvenile Easy Books Fiction 2181 Non-Fiction 1433 Periodicals 55 518 185 1216 224 Interact Access Music Misc. Puzzles Videos 2175 108 8 6 1070 DVD 251 Audiobooks 220 Total Printed Materials ............... 5812 Total Circulation ............................ 9650 IPAC Searches .................... 5925 ADDITIONS Docs Adult Juvenile Easy Books AV Girls - 82 10 45 35 Purchases - 52 10 14 - Total Additions ................................. 248 INTERLIBRARY LOANS Ordered Received Returned Books 23 18 15 INTERLIBRARY LOANS BY OUR LIBRARY ............ 29 INTERNET USE ......... 2175 VOLUNTEERS Number .....28 Total Hours ..... 257 INCOME Fines and Rental Books Xerox Lost or Damaged Books 781.45 290.25 240.99 Total Income for July, 2004 .... $1,312.69 Library Cards Issued July, 2004 Kenai 69 Kasilof 6 Nikiski 14 Ninilchik 2 Soldotna 20 Sterling 5 Other 5 Total 121 Library Patronage .......10,446 Persons Adult Programs ..........15 Persons Childrens Programs ..... 172 Persons Plus Summer Reading Program .... 58 Persons AGENDA  KENAI CITY COUNCIL- REGULAR MEETING AUGUST 18, 2004 ~ 7:00 P.M.  KENAI CITY COUNCIL CHAMBERS .... ~'°' http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Jennie Porter (for Morris Porter) -- Snug Harbor Packing Company Cannery Equipment ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2059-2004--Increasing Estimated Revenues and Appropriations by $5,000 and Transferring $5,000 in the General Fund for a Grant From the State of Alaska for a Thermal Imaging Camera (TIC) for the City of Kenai Fire Department. 2. Resolution No. 2004-45-- Authorizing the City Manager to Develop and Implement a Program to Educate the Public About the Importance of Wearing Protective Helmets While Riding Bicycles, Similar Vehicles or Ice Skating and to Provide Incentives for Persons Under the Age of 18 Years to Wear Such Protective Helmets. a. Remove from table. b. Substitution of Resolution. c. Consideration of Resolution. 3. Resolution No. 2004-46-- Transferring $6,000 in the General Fund to Purchase a Vehicle Hoist. 4. Resolution No. 2004-47 -- Transferring $4,000 In the General Fund for a Geophysical Survey of the Kenai Cemetery to Identify Unmarked Gravesites. 5. *Liquor License/New-- Charlotte's, Inc., d/b/a Charlotte's - Restaurant/Eating Place Public Convenience. 6. *Application for Restaurant Designation Permit -- Charlotte's, Inc., d/b/a Charlotte's. 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. 2060-2004-- Increasing Estimated Revenues and Appropriations by $533,333 for Airport Grants. 4. *Ordinance No. 2061-2004-- Increasing Estimated Revenues and Appropriations by $2,850 in the General Fund for Disc-Golf Materials and Equipment. 5. *Ordinance No. 2062-2004-- Increasing Estimated Revenues and Appropriations by $11,867 in the General Fund for Library Grants. 6. Approval -- Lease of Counter Spaces No. 34 and 35, Kenai Municipal Airport Terminal Space/Mike Spizak, d/b/a Bellair, Inc. 7. Discussion -- Chamber of Commerce/City of Kenai Proposed Memorandum of Agreement and Budget for Development of a Business Attraction Program. EXECUTIVE SESSION -- Recreation Center Litigation. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www, ci.kenai.ak.us. Carol L. Freas, City Clerk D747/211 MAKE PACKETS COUNC]:L PACKET D]:STR~BUT3:ON COUNCT. L MEET'~NG DATE: Mayor/Council / Attorney / ' Ta¥1or/Sprin~ler/Kebschull Clerk ,City Mono~ter / Public Works Police bepo~tment /'Finance / En~tinee~ Senior Cente~ /~ Airport / Kim Library // Parks & Recreation / Clarion Fire Department , / Schmidt /'Mellish /.~', /""""!"' /I, .. , ~ .... ,.. - AGENDA D]:$TR]:BUTJ:ON Sewer Treatment Plant Streets Shop Dock Buildin~l Maintenance Animal Control , Wot er/Sewer Counter DELIVER Council Packets to Police Department Dispatch desk. The Clarion, Olson, Mellish & 5chmidt's Office will pick thei~ 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 came~a-~eady agenda c:/myfiles/documents/minutes/agenda fo~m fo~ paper) is emailed to Denise at Peninsu/a ~/arion (at email folde~ Wo~k 5ession/Speciai Meetings, o~ Composition in Contacts o~ Ibell~acsalaska.net). Home Page documents (agenda, ~esolutions, o~dinances fo~ public hea~ing, and o~dinances fo~ introduction) a~e usually emailed to me and ]: hold them in my HTML file. Place them onto the city's website with F~ont Page f~om the~e as soon as possible before leaving the office fo~ the weekend.