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2004-06-02 Council Packet
AGENDA KENAI CITY COUNCIL- REGULAR MEETING JUNE 2, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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) . Cliff Evert -- Use of Airport. Lands/Request for Assistance ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM D' PUBLIC HEARINGS , Ordinance No. 2045-2004 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. ao Substitute Ordinance No. 2045-2004-- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. . Ordinance No. 2046-2004 -- Increasing Estimated Revenues and Appropriations by $125,000 in the Congregate Housing Enterprise Fund to Repaint the Building Exterior. ao Substitute Ordinance No. 2046-2004-- Increasing Estimated Revenues and Appropriations by $148,500 in the Congregate Housing Enterprise Fund to Repair the Building's Exterior. , Ordinance No. 2047-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Council on Aging - Title III Fund for Food and a Computer. , Resolution No. 2004-27 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. Resolution No. 2004-28 -- Awarding the Bid to Hansen Painting Inc. for Vintage Pointe Manor and Senior Center Exterior Stripping and Painting - 2004 for the Total Amount of $165,000. o ITEM E: Resolution No. 2004-29 -- Transferring $10,590 in the Airport Land System Special Revenue Fund for Engineering and Design for Airport Land Development. COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees ae Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games Stranded Gas Committee ITEM F: MINUTES , *Special Meeting of May 18, 2004. *Regular Meeting of May 19, 2004. ITEM G: CORRESPONDENCE ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS , Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 , Ordinance No. 2048-2004--Amending KMC 7.10.010 and 7.10.020 by Increasing the Sales Tax Rate from Three Percent (3%) to Four Percent (4%). . . *Ordinance No. 2049-2004 -- Increasing Estimated Revenues and Appropriations by $12,000 for a Federal Grant for Wetlands Protection. Approval-- Lease Application/Mike Spisak, d/b/a Bellair, Inc. -- Lots 5 and 6, Block 1, F.B.O. Subdivision. , Discussion-- Streamlining of Commission/Committee Reports o Discussion -- Municipal Advisory Group -- Stranded Gas/Resolution No. 2004-01. ITEM J' REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Recreation Center Litigation and City Manager Contract. ITEM M: ADJOURNMENT MAYOR'S REPORT JUNE 2, 2004 REGULAR COUNCIL MEETING ADD AS: ADD TO: CHANGES TO THE AGENDA B-2, Terrence Carlson, Boy Scout Troop 151 -- Request For financial assistance for his Eagle Scout Project. 1-5, Lease Application, Mike Spisak, d/b/a Bellair, Inc. -- Report and cost estimate, Lots 5 & 6, Block 1, FBO Subdivision. REOUESTED BY: CLERK PUBLIC WORKS CONSENT AGENDA MAYOR'S REPORT Z 0 > %<~-- z 0 ~o -o- ,, KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 /FAX: 907-283-3014 1992 MEMORANDUM To' Mayor Williams and City Cour~.c!lo~ From' Linda L. Snow, City Manager Date: May 27, 2004 RE: Evert's Air Fuel Airport Manager Rebecca Cronkhite has advised me that Cliff Evert has sent a lease application to the City for property on the ramp north of the Operations Faciity and Forestry. At this writing, the administration has not yet received Mr. Evert's lease application. It is my understanding that Mr. Evert wishes to inform City Council of his development plans at the airport and explore development alternatives with the Council. Suggested by: Administrat~ CITY OF KENAI ORDINANCE NO. 2045-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2005 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2004 and ending June 30, 2005. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2004, and ending the 30th day of June, 2005, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund $ 8,717,442 Airport Terminal Fund Congregate Housing Fund Fiduciary Funds Water and Sewer Fund Airport Land System Fund Senior Citizen Title III Grant Fund Senior Citizen COA-Borough Fund Choice Waiver Fund 1984/86 / 93 Bond Issue Debt Service Fund 481,093 393,587 42,000 1,382,847 1,764,002 190,616 138,461 102,398 157,038 Ordinance No. 2045-2004 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (05 / 11 / 2004) hl Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 July 1, 2004 SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINAxNCE NO. 2045-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows' Section 1' That certain document entitled "City of Kenai Fiscal Year 2005 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2004 and ending June 30, 2005. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2004, and ending the 30th day of June, 2005, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section i hereof: General Fund $ 8,830,044 , Airport Terminal Fund Congregate Housing Fund Fiduciary Funds Water and Sewer Fund Airport Land System Fund Senior Citizen Title III Grant Fund Senior Citizen COA-Borough Fund Choice Waiver Fund 1984/86 / 93 Bond Issue Debt Service Fund 481,093 393,587 42,000 1,382,847 1,764,002 190,616 138,461 102,398 157,038 Ordinance No. 2045~2004 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (05 / ~.6 / ~.004) hl Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 July 1, 2004 Suggested by: Administratio: City of Kenai ORDINANCE NO. 2046-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $125,000 IN THE CONGREGATE HOUSING ENTERPRISE FUND TO REPAIR THE BUILDING'S EXTERIOR. WHEREAS, the exterior of the Congregate Housing facility is in need of repair; and, WHEREAS, funds are available in the Reserve for Repair and Replacement account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Congregate Housing Enterprise Fund Increase Estimated Revenues: Appropriation of Fund Balance- Reserve for Repair and Replacement $125,000 Increase Appropriations' Congregate Housing- Repair and Maintenance $125,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Second day of June, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: {05/12/2004) hl Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 June 2, 2004 SUBSTITUTE Suggested by: Administra~ Do a, City of Kenai ORDINARCI~ NO. 2046-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $148,500 IN THE CONGREGATE HOUSING ENTERPRISE FUND TO REPAIR THE BUILDING'S EXTERIOR. WHEREAS, the exterior of the Congregate Housing facility is in need of repair; and, WHEREAS, funds are available in the Reserve for Repair and Replacement account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Con~egate Housing Enterprise Fund Increase Estimated Revenues: Appropriation of Fund Balance- Reserve for Repair and Replacement $148,500 Increase Appropriations: Congregate Housing- Repair and Maintenance $148,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Second day of June, 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk ApprOved by Finance: (05/26 / 2004) hl Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 June 2, 2004 Suggested by: Administra City of Kenai ORDINANCE NO. 2047-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000 IN THE COUNCIL ON AGING- TITLE III FUND FOR FOOD AND A COMPUTER. WHEREAS, revenue from Choice Waiver meals is greater than anticipated; and, WHEREAS, the State increased the Nutrition Services grant; and, WHEREAS, additional funds are needed to purchase food and a computer for project reporting for the Senior Meals program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Council Aging- Title III Increase Estimated Revenues: USDA Cash Choice Waiver- Donations $1,000 4,000 $5,000 Increase Appropriations' Congregate Meals- Small Tools Home Meals - Operating Supplies - Small Tools $1,000 2,600 1,400 $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (05/14/2004) hl Introduced: Adopted: Effective: May 19, 2004 June 2, 2004 June 2, 2004 Suggested by: Administrat_ __ City of Kenai RE~OLUTION NO. 2004-27 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005. WHEREAS, the Code of the City of Kenai requires that the rate of levy of proPerty tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2004-2005 Annual Budget," which estimates property tax revenue based upon a tax rate of 5 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing duly 1, 2004 and ending dune 30, 2005 be fLxed at 5 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2004. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (05/26 / 2004} hl Suggested by: AdminisU CITY OF KENAI RESOLUTION NO. 2004-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO HANSEN PAINTING INC. FOR VINTAGE POINTE MANOR AND SENIOR CENTER EXTERIOR STRIPPING AND PAINTING- 2004 FOR THE TOTAL AMOUNT OF $165,000. WHEREAS, the following bid was received on May 26, 2004: BIDDER Hansen Painting Inc. BASIC BID Vintage Pointe Manor $148,500 ADDITITVE ALTERNATE Senior Center $16,500 TOTAL $165,000 WHEREAS, Hansen Painting Inc.'s bid was the only bid received; and, WHEREAS, Hansen Painting Inc.'s bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Hansen Painting Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Hansen Painting Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Vintage Pointe Manor and Senior Center Exterior Stripping and Painting - 2004 be awarded to Hansen Painting Inc. for the total amount of $165,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-779 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM To' Through: From' Linda Snow, City Manager Jack LaShot, Public Works Manager(~ Robert Springer, Building Official Date: 5-27-04 Re: Stripping and Repainting Senior Center In the recent stripping and repainting bid project for the Vintage Pointe Manor we included an additive alternate for stripping and repainting of the Senior Center. This memo is to provide you with information on this project. The five-year building maintenance Schedule indicated the Senior Center building be repainted in 2006, but since Vintage Pointe is going to be done this year we included the Senior Center in this project as an additive alternate to the base bid. The main reason to include the Senior Center now, is that the two buildings finish would not match if they were not done as one project. By doing both buildings now the cost to do the Senior Center is thought to be less than if we wait to do the same project later. With an administrative transfer we will have enough money left in this year's budget to do the Senior Center now. I recommend it be done with the Vintage Pointe project. Suggested by: City of Kenai RESOLUTION NO. 2004-29 Administra A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAStCh TRANSFERRING $10,590 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND FOR ENGINEERING AND DESIGN FOR AIRPORT LAND DEVELOPMENT. WHEREAS, it is in the best interest of the City of Kenai to develop certain Airport land for commercial use; and, WHEREAS, funds are available for transfer from the Maintenance and Repair account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Land System Special Revenue Fund Land Department From' Land- Maintenance and Repair $10,590 To' Land- Professional Services $10,590 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of June, 2004. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (5/26/2004) hl KENAI AIRPORT COMMISSION SPECIAL MEETING MAY 26, 2004 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: NEW BUSINESS Recommendation -- Lease Application/Bellair, Inc. -- Lots 5 and 6, Block 1, F.B.O. Subdivision. ITEM 4: ADJOURNMENT KENAI AIRPORT COMMISSION SPECIAL MEETING MAY 26, 2004 KENAI CITY COUNCIL CHAMBERS 6:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 6'03 p.m. and the roll was confumed as follows: Commissioners Present: Commissioners Absent: Others Present: Jim Zirul, Henry Knackstedt, Chip Versaw, Doug Haralson, and Jed Watkins Jim Bielefeld Council Member Joe Moore, Airport Manager Rebecca Cronkhite ITEM 2:. ,,, AGENDA APPROVAL MOTION: Commissioner Zirul MOVED to approve the agenda as presented and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 3. NEW BUSINESS Recommendation -- Lease Application/Bellair, Inc. -- Lots 5 and 6, Block 1, F.B.O. Subdivision. Airport Manager Cronkhite reviewed the information included in the packet relating to the lease application and provided Airport master Plan and Airport Layout Plan for the Commission's review. She noted, the Commission needed to determine if the intended use complies with the Airport Master Plan and whether the members wished to recommend approval of the application by the City Council. MOTION: Commissioner Watkins MOVED the Airport Commission reviewed the lease application and found it complies with Airport Master Plan and therefore, recommends council approval of the lease. Commissioner Zirul SECONDED the motion. VOTE: Zirul Yes Versaw Yes Watkins Yes Bielefeld Absent Knackstedt Yes Haralson Yes MOTION PASSED UNANIMOUSLY. ITEM 4: ADJOURNMENT MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Harralson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 6' 15 p.m. Meeting Summary prepared by: carol L. Freas, City Clerk SPECIAL AIRPORT COMMISSION MEETING MAY 26, 2004 PAGE 2 crr~ ov 1~~~ with a past -~- City with BAC~~~ AIiD ~ DATA CA~DmATES POR iPl'Oi~Bsm~ CC)~~-~ DATR: Home Fax No. Busir~ss Fax No. i ..... i -' - II il · , , _ mm _ · · ii i CITY OF KENAI "Village with a past-- City with a future. DATE: Residence Address Mailing Address ~ ~, Home Fax No. Business Fax No. BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSION~- - ............. KENAITY CLERK How long? Home Tele { ~'? Business Telephone No Email Address: EMPLOYER: ~. ? ,~. NAME OF SPOUSE: Job Tiff. Current membership in organizations: Past organizational memberships: ~ ~/9}0 , 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, OMMISSION OR COMMITTEE MEMBER~SHIP? ~gnature AIRPORT COMMISSION Meets Second Thursday February, April, June, August, October, December Kenai Council Chambers 7:00 p.m. Commissioner Name and Home Business Term Address Phone Phone Email Address Seat Ends James V. Zirul 283-5728 283-5400 (p) At Large 9.004 220 Spur View Drive 283-6443 (f) Kenai, AK 99611 James L. Bielefeld 260-3148 283-4124 bielefe~i!ptialaska.net FBO 2004 P.O. Box 46 Kenai, AK 996.11 *Henry H. Knackstedt 283-2853 262-4624 hknackstedt~_'(!hotmail.com CAP 2004 1602 Barabara Drive Kenai, AK 99611 Charles "Chip" Versaw 262-7745 283-5700 (p) cversaw~_'.l~ak.net At-Large 2005 403 North Willow, # 1 283-5799 (f) Kcnai, AK 99611 Vacant .... Lessee 2005 Douglas K. Haralson 283-4623 283-3735(p) haralson,~i!gci.net FAA 2006 P.O. Box 2881 283-4391 (f) Kenai, AK 99611 Robert (Jed) Watkins 283-4744 776-6058(p) riwatki(~ppco.com At-Large 2006 214 Susieana Lane 776-6258(f) Kenai, AK 99611 Council Member Moore 283-4610 262-7478 (p) City 1006 Inlet Woods 262-6107 (f} Council Kenai, AK 99611 Liaison Airport Mgr. Rebecca Cronkhite 283-3818 283-7951 rcronkhit ,e~.~ci.kenai.ak.us Airport City of Kenai Manager 305 North Willow St., Suite 200 Kenai, AK 99611 * Chair **Vice-Chair (11/13/2003) CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 12, 2004 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be nO separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as pan of the General Orders. ® *APPROVAL OF MINUTES: a. *April 28, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: ® PUBLIC HEARINGS: a. PZ04-19 - A resolution of the Planning and Zoning Commission of the City of Kcnai, Alaska, recommending Council adopt The Kenai Peninsula Borough All Hazard Mitigation Plan. 6. OLD BUSINESS: 0 NEW BUSINESS: a. Removal of plat note restriction for Lots 7, 8, 9, & 10, Block 4, Strawberry Hill Estates - Discussion and Recommendation. b. A lease application for Lot 4, FBO Subdivision No. 7 submitted by Division of Forestry- Discussion and Recommendation. ¢. A leazo application for Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park submitted by David Schilling d/b/a Schilling Rentals - Discussion and Recommendation. d. A lease application for Tract A, General Aviation Apron No 2. submitted by Bellair, Inc. - Discussion and Recommendation. 8. PENDING ITEMS: a. Amendment of KMC 14.20.320- Modular Homes 9. CODE ENFORCEMENT: a. 2004 Pending Violations- 5/4/04 10. REPORTS: a. City Council b. Borough Planning c. Administration CITY OF KENAI PLANNING/h ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 1:2, 2004 - 7:00 P.M. CHAIR CARL GLICK, PRF~IDING MINUTES ITEM 1' CALL TO ORDER Chairman Glick called the meeting to order at 7:05 p.m. 1-a. Roll Call Members Present: C. Glick, P. Bryson, J. Hammelman, J. Barrett and Nelson Amen (arrived at 7:08) Members Absent: B. Eldridge Others Present: Councilman Rick Ross, Fire Chief Scott Walden, Department Assistant Nancy Carver, and Contract Secretary B. Roper 1-b. AEenda Approval Chairman Glick requested the following items be added to the agenda: ADD AS: MOTION: 12-b, Kenai River Center application from Pacific Star Seafood for Bulkhead Replacement and Storage/Staging/Access Road Development Proposal. Commissioner Bryson MOVED to approve the agenda acknowledging the lay downs provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent AEenda MOTION: Commissioner Hamme!man MOVED to approve the consent a§enda. Commissioner Barrett SECONDED the motion. Commissioner Bryson requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM 2: APPROV~ OF MINUTF_~ -- April 28, 2004 Approved by consent agenda. ITEM 3: SCIH/IDULED PUBLIC COMMENT -- None. ITEM 4_'. CONSIDERATION OF PLATS -- None. Glick Yes Bryson Yes Barrett Hammelman Yes E!dridge Absent Amen lYes Yes MOTION PASSED UNANIMOUSLY. Discussion/Recommendation =- A lease application for Lot 4, FBO Subdivision No. 7 submitted by Division of Forest-. MOTION: Commissioner Bryson MOVED for approval of the lease application noting the intended use is in compliance with the Airport Master Plan and the City's zoning ordinance. Com__m~ssioner Amen SECONDED the motion. Department Assistant Carver noted the lease application was previously approved by the Commission but due to the State's failure to return the agreement in a timely fashion, the application had to be resubmitted. It was noted there were a few changes that were outlined in the email from Dennis Ricker. Glick noted the trailer on site would be removed when the structure is built. Amen asked if the previous application was approved with the two-year or 18-year term and Carver replied she thought it was 18 years. It was also confirmed the FAA approved the length of the term. VOTE: Glick lYes Hammelman Yes Bryson lYes Barret~ [Yes Eldridge Absent Amen Yes MOTION PASSED UNANIMOUSLY. Discussion/Recommendation -- A lease application for Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park submitted by David Scbillin§ d/b/a Scbillin§ Rentals. MOTION: Commissioner Bryson MOVED to recommend approval of the lease application and noted it conforms to the City's zoning requirements. Commissioner Hammelman 8F~ONDF~ the motion. Staff had nothing additional. The Airport Manager had nothing to add. Bryson stated the applicant may have to deal with the issue of the line running across the units and added his options would be to remove the lot lines or build a firewall. It PLANNING & ZONING COMMISSION MEETING MAY 12, 2004 PAGE 3 indicates wha~ properties are designated for future planning and for wha~ they ar~ currently being ~sed. · Indicated property in question (Trac~ A) and explained the Airport Layou~ Plan was no~ current and not incorporated into the land office at City Hall, i.e. when a prospective lessee comes into City Hall they are g/ven only the plat and not the layout plan. Spisak, was given a copy of the Executive Summary that indicates the lar§e portion of the lot near the t~uxiway is designated for future itinerant apron. Cronkhite explained, this is a lar§¢ piece of property that was never subdivided (but noted for future lease lots on the layout plan) because there had been no applications for lease to date. · She noted Spisak's lease application indicates a hah§ar 80-feet wide and a 160-foot wide aircraft tie-down area; the Master Plan indicates how airports are regulated as far as where the buildings can be; explained the BRL (Buildin§ Restriction Line) lines and noted it is directly in the center of the lot and all buildin§s would need to be behind the line to provide clearance for aircraft imaginary spaces on the airport; and, with ~consideration or approval from the FAA, the BRL may be readjusted but the current airport layout plan and the proposed buildin~ is significantly in front of the BRL. · Noted Spisak proposes to take the area of the hangar and the entire 5.32-acre tract behind it, which would lock the back of the lot off for potential aircraft access development; apron areas in the Airport Master Plan indicate where taxiways may be placed and provide access; and, in this lease application, the entire property is provided to one person for a small hah§ar and would tie up the last bit of lar§¢, usable property near the terminal. · She was not sure what an Airport Planner or FAA's view might be on not allowin§ development other than what is designated as an aircraft apron, but the planning process usually §oes through several steps if one wants to chan§e the Master Plan. · The layout as it is currently has been such for approximately 20 years to allow separation and future expansion. Pointed out the areas already leased on the map and said the only place the terminal has to expand is in the direction of the large .tract Spisak is interested in. · It is the responsibility of the airport to plan out for 20 to 40 years and FAA frowns on having to buy back property to allow for future expansion. · The Airport Master Plan was adopted by reference through the City of Kenai Comprehensive Plan. Glick asked if there were any other options to the applicant for space at the airport and Cronkhite replied there are available lease lots on the airport and Spisak was shown those lots. She added, Spisak in.cared Tract A was his preference and he felt the area where he wants his hangar is already cleared and that makes it a more preferable business location. PLANNING & ZONING COMMISSION MEETING MAY 12, 2004 PAGE 5 more lots if they're available in the area. · All those tracts have a 100-foot building setback on the front of them behind the front property line that fronts on the apron and explained the purpose of that is twofold; one is where they cannot locate a building and it also forces them to not build forward and to park aircraft one would have to utili=~ the City apron rather than their own property. · This parcel was never created for release to the public so there are no restrictions on it and pointed out areas designated for future use and also identified the current aircraft fie-downs. · Aircraft tie-downs need to be provided somewhere but that would require removin§ the buildin§ restriction line which takes time. · He recommended any lease include the City's easement needs so they are apparent to the applicant. · Explained the setback requirements for the taxiways and noted aircraft cannot be tied down in the restricted area.. · Explained the drainage issues and noted they needed to be addressed as well. · Noted the area proposed for parking would front on the apron and he felt that would be an inappropriate use. · Addressed the soil issue and noted it would be quite expensive to have the softs hauled out, as there is no requirement for burying on site. VOTE: Glick INo I Bryson Hamme!man No. Eldrid§e MOTION FAILED UANIMOUSLY. No Absent Barrett [No Amen No ITEM 8: PENDING ITEMS Amendment of KMC 14.20.320 -- Modular Homes -- No discussion. --ITEM 9: CODE ENFORCEMENT 2004 Pending Violations - 5/4/04 ITEM 10: REpORT,~ 10-a. City Council-- Coundl Member Ross reviewed the May 5th council meeting agenda and discussed actions taken. 10-b. Borough Planning -- Bryson reviewed the Borough Planning Commission agenda for the May 10th meeting and discussed actions taken. PLANNING & ZONING COMMISSION MEETING MAY 12, 2004 PAGE 7 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 26, 2004 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ® *APPROVAL OF MINUTES: a. *May 12, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: a. A lease application for Lots 5 & 6, Block 1 FBO Subdivision, submitted by Bellair, Inc. - Discussion and Recommendation. 8. PENDING ITEMS: a. Amendment of KMC 14.20.320- Modular Homes 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. pERSoNs PRESENT NOT SCHEDULED: 12. INFO~TION ITEMS: a. Memo from staff to K. Howard-Lease Application Division of Forestry b. Memo from staff to K. Howard-Lease Application David Schilling dfo/a/Schilling Rentals and letter from Alaska Court System to City Manager regarding expansion of Kenai Courthouse. c. Memo from staff to K. Howard-Lease Application Mike Spisak d/b/a Bellair, Inc. and copy of R. Cronkhite, Airport Manager's Monthly report. d. Memo from staff to City Manager-Commissions recommendation of plat note removal for Lots 7, 8, 9 & 10, Block 4 Strawberry Hill Estates. e. Information ,on Lawton Acres Re-plat and Rezone. 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT' CITY OF KENAI PLANNING/k ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 26, 2004 - 7:00 P.M. VICE CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER ,, Chair Bryson called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call The roll was confirmed as follows: Commissioners Present: Commissioners Absent: Others Present: Phil Bryson, Jay Barrett, John Hammelman, Barry Eldridge, Nelson Amen Carl Glick City Clerk Freas, Council Member Bookey, Nancy Carver, P&Z Department Assistant Agenda Approval MOTION: Commissioner Amen MOVED for approval of the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1 'C. Consent Agenda MOTION: Commissioner Eldridge MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There were no objections. ~O ORDERED. ITEM 2: APPROVAL OF M1NUTES -- May 12, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS-- None. ITEM 5: PUBLIC HEARINGS-- None. ITEM 5: OLD BUSINESS-- None. ITEM 7: NEW BUSINESS Discussion/Recommendation -- A lease application for Lots 5 & 6, Block i 'FBO Subdivision, submitted by Bellair, Inc. Department Assistant Carver stated staff had no additional information. Council Member Joe Moore -- Explained he is the liaison of the Airport Commission and reported, the Commission met immediately prior to the Plannin§ & Zonm§ Commission and reviewed the lease application. Moore stated, the Commission found the proposed use of the property to meet the r'equirements of the Airport Master Plan and zonin§ codes. MOTION: Commissioner Eldridge MOVED to recommend council approve the lease application for Lots 5 & 6, Block 1, FBO Subdivision, submitted by Bellair, Inc. Commissioner Hammelman SECONDED the motion. Vice Chair Bryson asked if the intent of the motion was to determine the proposed use of the property is in conformance with the Airport Master Plan and zoning requirements for that area. Eldridge stated it was and asked that information be included with the motion. A brief discussion took place relating to who eventually verifies the value of the development correlates with the length of the lease. It was noted, the process included the application for a building permit, development completion and Borough assessment. Council Member Bookey reported he was unaware of any length of lease needing to be amended upon completion of a development on airport lands. VOTE: There were no objections. SO ORDERED. ITEM 8: PEI~K)ING ITEMS Amendment of KMC 14.20.320- Modular Homes Carver reported there was nothing new to add to this item. ITEM 9: CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Bookey reviewed actions taken at the PLANNING & ZONING COMMISSION MEETING MAY 26, 2004 PAGE 2 May 19 council meeting and including the introduction and amendments to the FY 2005 budget; passage of the adult entertainment zoning ordinance; and, dete _rmining to proceed with a replatting and rezoning of Lawton Acres. Bookey also gave a brief report of his and Mayor Williams' trip to Washington, DC; i.e. to attend the Police Memorial activities in memory of Officer John Watson and to meet with congressional delegation regarding the bluff erosion and coastal trail project. He noted, Senator Murkowski has continued to be very supportive in the effort and suggested the project be a Corps of Engineers project with the city handling 30% of the cost, which may include previous expenditures, the value of lost private bluff property, and bonding for the remainder. Bookey also suggested the project could be three to five years out, depending on funding and election results. 10-b. Borough Planning -- Referring to information included in the packet, Bryson reviewed actions taken at the May 24, 2004 Borough Planning Commission meeting. 10-c. Administration -- Carver noted the Borough Assembly had approved the Kenai Comprehensive Plan and copies of the completed document would be distributed to the Commission at their June 9 meeting. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Memo from staff to K. Howard-Lease Application Division of Forestry 12-b. Memo from staff to K. Howard-Lease Application David Schilling d/b/a/ Schilling Rentals and letter from Alaska Court System to City Manager regarding expansion of Kenai Courthouse. 12-c. Memo from staff to K. Howard-Lease Application Mike Spisak d/b/a Bellair, Inc. and copy of R. Cronkhite, Airport Manager's Monthly report. 12-d. Memo from staff to City Manager-Commissions recommendation of plat note removal for Lots 7, 8, 9 & 10, Block 4 Strawberry Hill Estates. 12-e. Information on Lawton Acres Re-plat and Rezone. ITEM 13: COMMISSION COMMENTS ~ ~UESTIONS Eldrldge -- Referred to the draft lot drawing for Lawton Acres and suggested the lots be larger. Bookey noted, the drawing was a draft and the lot sizes could change. He also noted, the water/sewer lines would come from Lawton Drive and a buffer zone will be as big as possible. PLANNING & ZONING COMMISSION MEETING MAY 26, 2004 PAGE 3 Hamme!man -- No comments. Amen-- No comments. Barrett -- No comments. Bryson -- No comments. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:23 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING MAY 26, 2004 PAGE 4 OF BACKGROUND AND CANDIDATES FOR APPOINTMENT COMMI~I COMMISSIONS NAME: X~.~ Resident of the City of Kenai? ~~-~ Residence Address ~~) ~~ ~~J~ Home F~ No. Business F~ No. How long? Home Telephone No.o~_ ~-..'~.~/ Business Telephone No Email Address' EMPLOYER: NAME OF SPOUSE: Job Title Current membership in organizations: Past organizational memberships: COMMITTEESORCOMMISSIONSINWHICHYOUAREINTERESTED: ~~~__ ~~~('~~~ WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? ~_~t~o_ alsc~, ~ ~ ~ ) ~~ ,~[~ ~~ ' ; WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ~V, o0~3 4/~Frz~ ~~4-t~. !~, -' '~ .............. CITY KENAI BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT ~ COMMITTEES AND, _ COMMISSION Resident of the City Residence Address Ma~g Address ~0 Home F~ No. ~~¢ ~, Business F~ No. RECEIVE-" JUN - 8 200,t ': ?'.:,~,1 CITY CLERK Ho. ~o,,g? 'qlL'f3 Home Telephone No. Z~ ~ -~1 2 ;Z Business Telephone No 5~1~o~[ ~ea~ 2~'.~-3~ '/~' Email Address: ¼c~¥c.'h(z~ ~..~ka: re.;i- EMPLOYER: ~-~ ~ 5 D NAME OF SPOUSE: ~-~ iL( Current membership in o,rganizations: Job Title 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? . : .,./_./ Signature Kenai Convention and Visitors .Bureau Board Meeting Minutes May 18, 2004 Board Members Present: Sharon Brower, Fred Braun, Robin West, Jacque Steckel, Jerry Dunn, Pat Porter, Dan VanZee, Marion Nelson Board Members Excused: Sandra Vozar Staff Members Present: Michelle Glass, Diana McKenney Guest: Sue Carter A. Call to Order & Roll Call: The meeting was called to order at 6:00 p.m. (discussion took place from 5' 18 - 6:00) B. Approval of Agenda: Ms. Nelson moved and Ms. Steckel seconded approval of the minutes, they were approved unanimously. ,~ ~ C. Approval of Minutes: Ms. Steckel moved and Mr. Van Zee seconded approval of the minutes of April 12. There were 2 changes' Ms. Nelson did not take the representatives of the scenic highways on a tour and Milepost should be capitalized. They were approved unanimously. · D. Persons scheduled to be heard: None E. Correspondence: 1. Tim Navarre- Kenai Chamber of Commerce (KCOC) Mr. Braun explained that there has been a history of discussions about varying degrees of involvement with the KCOC. When the KCOC staff resigned, it made way for the most convenient time to seriously discuss any form of parmership. There was an informal meeting between the Board Presidents and the KCVB Director to discuss the possibilities. Mr. Navarre sent a letter from the KCOC Board suggesting the formation of a "Committee on Collaboration" made up with three members from each board. This committee would hash out the details, pro and cons to each organization and to the community. Ms. Glass explained that she feels that it would be a good idea to clarify what the differences are between the KCOC and KCVB and that we need to do the work regardless of the outcome so we have some solid documentation once and for all. Ms. Carter: There was a real set pattern when she was the Director of COC and received 25K from city to nm visitor center. Roger Hall recommended that we split the 2 organizations and form 2 Corporations. She ran 2 sets of books. It gave her the opportunity to apply for twice the number of grants. The city asked her to run the Bicentennial celebrations. It was at that time she and Mr. Braun went to Montana and saw a wonderful building and thought that it would be a great benefit to Kenai to have such a facility here. She then went on to do Bicentennial while she wrote a grant and eventually left the KCOC to mn the KCVB. In the granting process, she was asked to prepare a budget for the KCVB operation. Her idea to operate the building would be to re-unite with the KCOC and rent them an office as well as user fees for the equipment. She planned to charge the KCOC a fee to cover employee answering phones, utilities for office - which came up to 20K Per year. They were to operate as separate organizations. At last minute, the KCOC backed out of the project and decided not to reside in the building and they have never occupied the building since it was built In Soldotna, the Chamber and CVB are side by side, but there is a physical designation for the tourism information. She recommended that Ms. Glass probably wouldn't want to mn a chamber as well as.a CVB. Ms. Steckel asked if the only advantage Ms. Carter saw was income for rental space. Ms. Carter said that back then, there were only 3 of them and they had room to spare, but today, there really isn't enough room. She believes that it is very important to keep the integrity of the building in tact in order to stay in compliance with the original grant requirements. Ms. Nelson stated that Mr. Navarre mentioned that he does not want this issue to 'become a headache for the existing KCVB director. If it works out great, but if it will be detrimental, then not doing it will be ok also. Mr. Braun says that it is now important to get this group formed and working on the issue. Ms. Carter said that while she didn't want to appear negative, she didn't think the annual Art exhibit pulled in as many people as the center used to pull in when they originally opened. She said they used to show movies in the Gallery space and had as many as 800 people a day. She believes that the art show is a good thing but maybe it should be held some other time of year. ** {later, Mr. West said that they do movies at the KWR Center all the time and advertise them but people just don't do them anymore.} Ms. Glass requested that Mr. Braun respond to the KCOC letter and indicate that we will have committee members available to meet by a certain date. Ms. Nelson moved that we reply formally to the KCOC with our intentions to meet with the 3 representatives of their board and Mr. Van Zee seconded. Mr. West asked if that would be Mr. Braun, Ms. Nelson and Ms. Glass. Ms. Glass would rather have at least 3 board members and asked if Ms. Porter would be willing to attend. Ms. Porter would attend, but not participate in the discussion. Mr. Braun said that he would indicate in the letter that there will be representatives from our board along with the director. The meeting will be scheduled for a time before June 4th. Ms. Porter recommended setting a time-frame for the partnership - if after a set mount of time either of the partners feel it isn't working they can choose to renegotiate or end the partnership. The motion was approved unanimously. F. New Business: 1. Possible Consolidation with Kenai COC: G. Old Business' 1. Art Show Recap: Initial responses to opening. Mr. Braun indicated that Mr. Kluge, the architect of the building was present at the opening and said that the air exchange is on a timer and usually goes off at 5 p.m. but could be manipulated to be on during the show. The sound system needs to be addressed before next year's show or for that matter before any large function. Bill Zuimwalt indicated that it would be about $5000 to put a sound system in place that would be adequate throughout the building. Ms. Porter recommended Dan's TV might be able to provide the service and possibly at a lower price. Mr. Braun indicated that once again it was record numbers. Ms. Nelson thought it was great and thought the high school girls did an excellent job and were great to have as servers. Mr. Braun thanked Mr. West for writing thank you notes. Mr. Braun wanted to make sure we thank the City for hanging the banner. Ms. Nelson would like the sign hung earlier and Ms. Porter said to contact her next year about hanging the banner. 2. Budget meeting with City of Kenai: Ms. Glass asked Ms. Porter when the final budget is to be passed. She said that Wednesday is the first public hearing and that the budget will be adopted on June 2. Ms. Glass reviewed the information about the maximum budget provided by the City in the past which was $75K. She will make sure that the City Council and Manager will be informed about this. Ms. Glass also reminded the Board that the 15th of June has been set for the joint meeting with the City Council. Ms. Glass pointed out that it was requested that our board come up with a list of questions for the Council. Ms. Glass and Ms. Snow had discussed the management agreement and they both felt the board should meet with the council. Ms. Porter said that Ms. Snow has been meeting with council and is preparing a list of council's concerns and recommends that Ms. Glass meet with board members in smaller groups to come up with a list of concerns. Ms. Nelson asked Ms. Porter what the council's concerns are. Ms. Porter said that the council doesn't really have that many concerns, but that the council is saying what is our 65K buying? She felt that that might be a good direction to indicate what you are providing the city for their investment. She feels that it is an open dialogue. Mr. Braun feels that is good to review the agreement and look at what we do now and how we are currently operating. Rick Ross told Ms. Glass that the director at the time had requested that the contract be written in a nebulous fashion in order to allow flexibility for the CVB. Ms. Porter says to show how the visitor center has grown, and explain' the programs we offer and indicate the associated costs. Then ask the city if they would like to fund. She said to ask the city council about the art show. Mr. Braun said he agreed with Ms. Porter and that it is now the time to educate the city about all the new programs. Ms. Nelson disagrees with the merits of the art show. She feels that it has proven its value. Ms. Porter said that everyone present is behind the success of the building. The council is made up of 7different people with different interests, so it is impossible to please the whole council. She indicated that one of the council's concerns is that the museum has been shrinking. She didn't think that the art show would be a problem for the council. 3. Theme for next year's show: Ms. Steckel said that she supports the Native Art theme because it is a function outlined in the grant. Mary Ellen Parrizo was recommended by Ms. Porter who is a possible consultant with the show due to her experience with art. "Alaska Native Art Now" is the proposed title. The Board gives Ms. Glass direction to proceed with this title. 4. Board of Directors replacement for Marty Reagan' Mr. Dunn indicated that Porter Jordan would not be able to participate. Ms. Nelson recommended Sasha Lindgren. Ms. Glass will accept Ms. Blackwell's non-voting advisory membership. 5. State Scenic Byways Nomination: The Kenai Spur did not make the program. It just didn't meet the parameters since the designation is specifically for the Sterling. Ms. Glass will follow up with how Kenai can be included in the project even if the specific road isn't included. H. Executive Director's Report: Ms. Glass talked about the Grant-in-Aid for the upcoming year and indicated that our hope is to expanding the museum over the course of the next three years. The request for this year will be for acquiring professional consultation services to reorganize and expand the Cultural collection to fill the entire room. This would enable the Museum better tell the "story" of Kenai. This will leave Visitors with a stronger impression of ,what makes Kenai distinct and it will better fulfill the grants intent. The next meeting will include discussion of the 501 (c)3. The by-laws are almost completed and the election of the board will be elected. Mr. Braun asked about employee stares. Ms. Glass has had numerous applications for the summer jobs. Kay Bowman will not be joining us this year. Has had one woman who would like to volunteer. We are fight on track with the school groups and anticipate it to increase through the month. We have extended the show for an extra week in September to accommodate more school groups. Mr. Braun asked for a schedule of the meetings because large numbers of cars generate questions. Ms. Steckel asked about a marquis. Mr. Braun said it has been on the agenda numerous times, but there are always concerns about the sign being high enough, rights for the comer, show removal, etc... Mr. Van Zee recommended an audio tour that could be sold on CD or cassette that was a historical tour of Kenai and we could sell advertising and get sponsorship. I. Board Comments: Mr. West- water is up and pretty clear- people fishing tides got Kings on Saturday- so fishing is good. Looks like its going to be a good season- have people coming in already. The KWR has 127 people for summer staff. Ms. Steckel - always seem to be a demand for more information on fishing. Videos may be a big help. People already want bargain accommodations .... Mr. Dunn- would like to do something to promote off-season fishing- like hooligan, clam etc. Read an article about hooligans, but never mentioned Kenai River... Mr. Van Zee - echoed what was said earlier about the gold operation across the inlet- it will be huge and could change the whole complexion of the peninsula. We should figure out a way to attract those people. Ms. Porter - Ms. Nelson- Mr. Braun- J. Schedule of Next Board Meeting: June 14th, 5:00 p.m. K. Adjournment: Meeting was adjourned at 7'40 p.m. Kenai Peninsula Arctic Winter Games 2006 Host Society Draft Board Minutes April 8, 2004 5'30 p.m. Regular Meeting Arctic Winter Games Office, Kenai, Alaska A. CALL TO ORDER 5:38 B.' ROLL CALL Jennifer Beckmann Becky Foster Pam Howard Donna Peterson Rose Tepp Jack Brown Andrew Carmichael Mark Gregory Gary Hale Debra Holle Bob Jones Joe Moore Tim Navarre Bill Popp Harry Rasmussen Colette Thompson Dale Bagley- Called in ABSENT Dave Carey Tim Navarre Jack Cushing Kathy Gensel Debbie Holle Co De APPROVAL OF AGENDA Mr. Popp made the motion that we move item #1 (board membership) under new business to the top of the agenda to follow public comments. Ms. Peterson seconded it. Passed unanimously. Ms. Beckmann made the motion to move item # 2 (dog mushing) under new business up to follow item # 1 after public comments. Mr. Popp seconded it. Passed unanimously. APPROVAL OF MINUTES Board of Directors - March 11, 2004 Ms. Beckmann made the motion to approve the March 11 th, 2004 minutes. Mr. Popp seconded it. Passed unanimously. go Fe PUBLIC COMMENTS/PRESENTATIONS GENERAL MANAGER'S REPORT Mr. Smith discussed the following items with the board. · New used copier from Wells Fargo · Wood Buffalo debriefing meeting April 14th at 4:30 Turn in Wood Buffalo reports preferably by email · Merrill, Lenore, and Loren attended the Tribal Council meeting and talk with them about the slogan "Release the Spirit Within" and the Raven mascot. · Up coming trade shows, Home Show April 16-18, Sports Show April 23- 25, Taste of Kenai show May 15-16. We will have hats, literature, t-shirts, and balloons. · Up coming Chamber power point presentations Soldotna, Anchor Point, Nikiski, Homer · Loren participated in the first Chef de Missions conference call for the Arctic Winter Games 2006. He gave a stares report on the 2006 games. Committee meeting schedule will be discussed under new business. Web page upgrades need to be done. Mr. Smith will be contacting Mr. Jones concerning this. · Mr. Smith and Mr. Jones are in the process of evaluating the Kimik-It System. · Free space at Peninsula Center Mall for Public input and gift sales I will let you have a month of free space in the mall to promote AWG2006, Glen F. Martin 2525326 He TREASURER'S REPORT Balance Sheet- Handout Profit & Loss- Handout COMMITTEE REPORTS 1. Administration - Ms. Thompson handed out minutes from their last meeting. They are planning a workday to work on the supplemental budgets. o Care & Comfort- Ms. Peterson handed out the minutes from her last committee meeting. Mr. Hale informed the board the he has been working on the housing issues and the regulations that must be met in order to use the schools for housing. He said that there are some schools that will have to be upgraded. The two main schools to be upgraded are Redoubt Elementary and Soldoma Elementary. K-Beach will be added as the site .for the Chef de Missions. They will be housed in the classrooms and their meetings will be held there. Mr. Popp made the motion to direct the administration to write a letter to the International Committee to inform them of the change of moving the Chef de Missions to K-Beach elementary. Ms. Beckmann seconded it. Motion passed unanimously. The big issues the care and comfort committee is facing at this time is what is happening with Alyeska and clarity concerning paid staff and volunteer roles. 3. Ceremonies & Culture- Mr. Andrews reported that he had not been able to get a meeting together as of yet but he has one scheduled for April 16th. He will update the board following that meeting. He has contacted at least 17 people that are willing to work with him on awards and the ceremonies. 4. Information Technology-No report . Marketing- Mr. Gregory is working on the signage for the AWF office. He will be contacting Guff Sherman and also working with Mr. Smith. We now have merchandise for sale. Mr. Gregory is excited about the new staff being hired and feels that once the Marketing manager comes on things will go much better. Mr. Gregory has also been working on the ticket issue. Everyone one is invited to come down to Homer for the groundbreaking of the new hockey rink. 6. Revenue Development- Mr. Popp reported to the board about the Washington trip. He informed the board that he had put together a package of fund requests about $5 million which will include IT, medical, housing, recreational, and Some other possible areas. Out of the 3.35 million federal funding about 800,000 will apply towards our operational budgets goals. Mr. Popp feels that we are doing well. He has some smaller proposals in the process. Mr.. Popp will be following up with Alaska Airlines and ARC. Mr. Popp will be talking with a firm in Anchorage of possibly helping with the fimdraising. He also reminded the board that they are not at 100% participation from the board members. . Sports- Mr. Hayes has been working on developing the venue sites. He wants to make sure everyone has a clear picture of what the plan will be for sports. ge Sports Facilities- Mr. Carmichael reported to the board that he has met with Mr. Hayes and they are working on possible venue changes and developing new venues. 9. Volunteer Division- Mr. Brown reported that his group has been working on their mission's statements. They also have been developing the special guests lists. The volunteer division is in the process of determining the guidelines for volunteer rewards. They are also looking to do the adopt a sport program. OLD BUSINESS 1. Raven mascot Mr. Smith talked with the tribal council to see if they have any artist that might be able to design the mascot. Jo K, Lo Me NEW BUSINESS 1. Board membership a. John Andrews b. Jane Stein- Alternate for Dave Carey c. Betty Glick- new Kenai Peninsula Borough Representative d. Grace Merkes- alternate for Betty Glick Mr. Popp made the motion to approve Mr. Andrews for board membership, Ms. Stein as alternate for Mr. Carey, Betty Glick as the new borough assembly representative, and Ms. Merkes as the alternate for Ms. Glick. Ms. Beckmann seconded it. Motion passed unanimously. e Dog Mushing Venue change Mitch president of the Peninsula Dog Mushing Association discussed with the board possibly changing the venue for the AWG 2006 dog-mushing event. His group would like to help organize this event. There are a few proposed sites available and he would like to work with the board on changing the venue. Mr. Popp made a motion that the administration be directed to examine the proposal and come back to the board with their recommendation at the May meeting. Ms. Beckmann seconded it. Motion passed unanimously. 3. Flags and Signage Mr. Smith informed the board that Wood Buffalo is interested in selling their flags and signage to AWG 2006. The signage is genetic and there are no logo's on the signs. There are 482 flags at a cost of about $6500.00 to $7500.00 U.S. Ms. Peterson made the motion to purchase the flags from Wood Buffalo. Motion passed unanimously. Mr. Popp seconded it pending funds available. Mr. Popp made the motion to offer Wood Buffalo $3000.00 - $5000.00 Canadian. Motion passed unanimously. o Committee and Sub-Committee approval Mr. Popp made the motion to approve the committee changes & sub- committee changes as recommended by the administration. Ms. Beckmann seconded it. Motion passed unanimously. PENDING BUSINESS (Informational only) BOARD MEMBERS COMMENTS NOTICE OF NEXT MEETING and ADJOURNMENT Meeting adjourned at 8:30. Kenai Peninsula Arctic Winter Games 2006 Host Society Minutes Ill April 26, 2004 Arctic Winter Games Office, Kenai, Alaska Special Meeting A. CALL TO ORDER 12:15 Bo ROLL CALL Dale Bagley Jane Stein Colette Thompson Connie Wirz Mark Gregory Gary Hale Andrew Carmichael Jack Brown Becky Foster Bill Popp Jennifer Beckmann Joe Moore Co APPROVAL OF AGENDA Mr. Popp made the motion to approve the agenda. Items listed on the agenda are: · Hiring of Employees related to a board member · Approve Federal Fund Disbursement · Approve subcommittee for Revenue committee Hiring of employees related to a board member Mr. Popp made the motion to approve hiring Kathy Moore as volunteer manager and Colleen Canady as marketing manager even though they are both related to board member Joe Moore. Mr. Smith is confident in his selection of these employees and feels there will be no conflicts of interest concerning these positions. Motion passed unanimously. Mr. Moore abstained from voting. Approve disbursement allocation for Federal Funds Mr. Popp made the motion to approve the proposed Federal Fund disbursement as presented to the board. Mr. Brown seconded it. Mr. Popp amended the proposal to add refrigeration under the City of Soldoma disbursement. Mr. Brown seconded it. Motion passed unanimously. Approval of Subcommittee for Revenue Mr. Popp made the motion to approve the establishment of the Federal Funding committee as a sub-committee of the Revenue Committee. Ms. Thompson amended the motion to add Mr. Popp as the chair of the Federal Funding sub- committee. Mr. Brown seconded it. Motion passed unanimously. Meeting adjourned 12:40 Kenai Peninsula Arctic Winter Games 2006 Host Society Agenda 662 Days To GO May 13, 2004 5:30 p.m. Regular Meeting Arctic Winter Games Office, Kenai, Alaska A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA Do APPROVAL OF MINUTES Board of Directors - April 8th, 2004 Eo PUBLIC COMMENTS/PRESENTATIONS F. GENERAL MANAGER'S REPORT Go Ho TREASURER'S REPORT Balance Sheet- Handout Profit & Loss- Handout COMMITTEE REPORTS 1. Administration 2. Care & Comfort 3. Ceremonies & Culture 4. Information Technology 5. Marketing 6. Revenue Development 7. Sports 8. Sports Facilities 9. Volunteer & Protocol OLD BUSINESS 1. Dog Mushing Venue 2. Amend By-Laws for Board alternates Jo NEW BUSINESS 1. Committee and Sub-Committee assignments 2. Bid Document Revision 3. Changing Corporate Name 4. Changing Logo 5. Resoluffon 6. Care & Comfort Manager/Cultural Manager hiring date 7. Budget Working Group K~ PENDING BUSINESS (Informational only) Lo BOARD MEMBERS COMMENTS M. PUBLIC COMMENTS No NOTICE OF NEXT MEETING and ADJOURNMENT Next meeting June 10, 2004 AGENDA KENAI CITY COUNCIL- SPECIAL MEETING MAY 18, 2004 7:00 P.M. KENAI CITY CLERK'S OFFICE http://www, ci.kenai, ak.u s ITEM A: le ITEM B: ITEM C: CALL TO ORDER Pledge of Allegiance Roll Call Agenda Approval EXF~UT1VE SESSION -- Evaluations of City Clerk, City Attorney and City Manager ADJOURNMENT KENAI CITY coUNcIL- SPECIAL MEETING MAY 18, 2004 7:00 P.M. KENAI CITY CLERK'S OFFICE http://www, ci.kenai, ak.us MAYOR JOHN J, WILLIAMS, PRF~IDING MINUTES ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the City Clerk's Office in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Rick Ross Linda Swarner Blaine Gilman John J. Williams, Mayor Joe Moore James C. Bookey, III Pat Porter AGENDA APPROVAL MOTION: Council Member Bookey MOVED to approve the agenda as presented and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: ,, EXEC~~ SESSION -- Evaluations of City Clerk, City Attorney and City Manager MOTION: Council Member Porter MOVED to convene in an executive session of the Council of the City of Kenai concerning matters that could prejudice the reputation and character of another and this will be the annual evaluations of the City Manager, City Attorney, and City Clerk. Council Member Bookey SECONDED the motion. There were no objections. SO ORDERED. EXECUTIVE SESSION BEGAN: 7:10 P.M. BACK TO ORDER: 10:55 P.M. 'SPECIAL CITY COUNCIL ME~ING MAY 18, 2004 PAGE 2 Council Member Porter reported during the executive session the council concluded their evaluations of the city manager, city attorney and city clerk and that the details of those evaluations will be presented at a council meeting and the city attorney will work on a new contract for the city manager. ITEM C: ADJOURNMENT The meeting adjourned at approximately 11:00 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 19, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kcnai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) . Representative Kelly Wolf-- Officer John Watson Citation . Commendation for Valor -- Presentation by Chief Kopp to Kenai Fire Department Paramedic Engineer John Wichman. . Anjani Salonen and Karl Palm -- Senators Stevens & Murkowski Internships/Request for Support. ITEM C: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCH. S ITEM D: PUBLIC HEARINGS , Ordinance No. 2041-2004-- Finding Certain City-Owned Land, Described as Tract A-5, Dena'ina Point Estates, Consisting of 9.630 Acres, is Not Required for a Public PurpOse and Can Be Sold. . Ordinance No. 2042-2004-- Increasing Estimated Revenues and Appropriations by $672 in the General Fund Library Department for a State Grant. , Ordinance No. 2043-2004 -- Increasing Estimated Revenues and Appropriations by $30,000 in the Airport Terminal Enterprise Fund for Short Term Partdng Lot Renovations. . Ordinance No. 2044-2004-- Amending Title 14 of the Kenai Zoning Code by Adopting KMC 14.20.175 for the Regulation of Adult Businesses . Resolution No. 2004-24-- Awarding a Contract to for the Management and Administration of a Summer Flea Market at the Kenai Multipurpose Facility. , , Resolution No. 2004-25 -- Awarding a $19,800 Contract to Edwin L. Go§~ia for Professional Services at Vinta§e Pointe Manor. Resolution No. 2004-26 -- Transferring $4,000 in the Recreation Department to Purchase a Used Pickup. . *Liquor License Transfer -- From Don Jose's, d/b/a Don Jose's Restaurant & Cantina to Carter Enterprises, Inc., d/b/a Dona Jose's Restaurant & Cantina. . *Restaurant Designation Permit Application -- Carter Enterprises, Inc., d/b/a Don Jose's Restaurant & Cantina. ITEM E: COMMISSION/COMMI~EE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and COmmittees Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games Stranded Gas Committee ITEM F: MII~TES . *Work Session Notes of May 3, 2004 *Regular Meeting of May 5, 2004. ITEM G: CORRESPO~ENCE ITEM H: OLD BUSINESS . Discussion -- Lawton Acres ITEM I: NEW BUSINESS . Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 o Ordinance No. 2045-2004 -- Adopting the Annual Budget for the Fiscal Year Commencing duly 1, 2004 and Ending dune 30, 2005. , *Ordinance No. 2046-2004 -- Increasing Estimated Revenues and Appropriations by $125,000 in the Congregate Housing Enterprise Fund to Repaint the Building Exterior. , *Ordinance No. 2047-2004 -- Increasing Estimated Revenues and Appropriations by $5,000 in the Council on Aging - Title III Fund for Food and a Computer. o Approval-- Remove of Plat Note Restriction for Lots 7, 8, 9 and 10, Block 4, Strawberry Hill Estates, KPB File 2004-097; KPBPC Resolution No. 2004-16. , Approval-- Lease Application/Division of Forestry-- Lot 4, FBO Subdivision No. 7. , Approval-- Lease Application/David Schilling, d/b/a Schilling Rentals -- Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park. e Approval -- Lease Application/Mike Spisak, d/b / a Bellair, Inc. -- Tract A, General Aviation Apron No. 2. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes)' 2. Council EXECUTIVE SESSION -- None scheduled. ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING MAY 19, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai, ak.u.s. MAYOR JOHN J. WILLIAMS, PRESIDING MINUTF~ ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEG~CE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL,, Roll was taken by the City Clerk. Present were: John d. Williams, Mayor Joe Moore Rick Ross James C. Bookey, III Pat Porter Linda Swarner Blaine Gilman A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-4, Richard Warrington -- Traumatic Brain Injury Awareness Month REMO~: D-5, Resolution No. 2004-24 -- Awarding a contract for the mana§ement and administration of a summer flea market at the Kenai Multipurpose Facility. ADD TO: H-l, Lawton Acres Discussion -- N. Carver memorandum regarding appeal process timeline information. ADD TO: 1-9, Lease Application/Mike Spisak, d/b/a Belair, Inc. -- R. Cronkhite memorandum regarding Tract A, General Aviation Apron No. 2. MOTION: Council Member Bookey MOVED to approve the agenda as amended and Council Member Swmmer SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 2 MOTION: Council Member Bookey MOVED for approval of the consent agenda as presented and Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS Representative Kelly Wolf-- Officer John Watson Citation Representative Wolf presented Police Chief Kopp with a Memoriam to Officer John Watson from the State of Alaska 23~d Legislature. Commendation for Valor -- Presentation by Chief Kopp to Kenai Fire Department Paramedic Engineer John Wichman. Chief Kopp presented Kenai Fire Department Paramedic Engineer John Wich~an with a Comm__endation for Valor and noted, Wichman put his life directly in harm's way when he approached then fallen Officer Watson and ascertained his injuries. Kopp added, thanks often go unspoken with the work the Police and Fire Departments do and it was important to publicly thank Wichman and the professionalism of the Kenai Fire Department. Anjani Salonen and Karl Palm -- Senators Stevens & Murkowski Internships/Request for Support. Salonen and Palm explained they had been selected to serve as interns for Senators Murkowski and Stevens during the summer and indicated they had to raise enough money to cover expenses for transportation, food, scheduled activities, etc. while in Washington, DC. They requested a donation from council. MOTION: Council Member Bookey MOVED for council to make a contribution of $500 from the General Fund Contingency and Council Member Porter SECONDED the motion.' Council Members Swarner and Moore reported they would not support the donation because funds were not included in the budget for this purpose and because other groups had made requests for donations and were turned down for the same reasons. VOTE: i I Wmiams I Yes ] Soo y lYes [ Swarner I No ~NAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 3 Moore No Porter Yes Gilman No Ross Yes MOTION PASSED. Mayor Williams requested the intems give a report of their experience upon their return. B-4. Richard Warringt°n -- Traumatic Brain Injury Awareness Month Warrington noted the Eighth. Annual Traumatic Brain Injury Awareness walk would be held on June 5 and funds received through the walk would be used to purchase helmets (which are then donated) and supplies for informational material. Warrmgton provided copies of an executive proclamation from Governor Murkowski announcing June as Traumatic Brain Injury Awareness Month and registration information for the Awareness walk. Warrington urged everyone's participation in the walk. ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS Assembly Member Betty Glick reviewed actions taken at the May 18, 2004 Assembly meeting, noting in particular the Assembly unanimously adopted the City of Kenai Comprehensive Plan; held the first public hearing on their ordinance to raise the sales tax cap, noting the majority of those offering testimony opposed the increase; and, the first public hearing was held to establish a Nikiski Law Enforcement Service Area which received generally favorable comments. ITEM D: · PUBLIC HEARINGS V-Xo Ordinance No. 2041-2004 -- Finding Certain City-Owned Land, Described as Tract A-5, Dena'ina Point Estates, Consisting of 9.630 Acres, is Not Required for a Public Purpose and Can Be Sold. MOTION: Council Member Bookey MOVED for the adoption of Ordinance No. 2041-2004 and Council Member Porter SECONDED the motion. There were no public comments. Council Member Bookey noted severe covenants were attached to the Section 36 residential lots. He stated his concern the applicant may be able to change the direction of his plan for a commercial use of the property and make it residential and not have the same strict covenants. Brian Robert Lowe -- Lowe was noted as the person proposing to purchase the property. Bookey asked him if he was fairly positive he will move ahead in the ~NAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 4 commercial project and Lowe answered yes. He stated his intended use of the property would be for a restaurant and probably a hotel. Discussion followed in which it was noted the property would go to bid for purchase; it is currently zoned residential, but has no covenants attached; to use the property for a commercial enterprise will require a conditional use permit, and, most of the properties within the 300 feet who would receive notification are owned by the city. VOTE: Wi!1iams Yes Moore Yes Ross Yes Bookey Porter Yes Swarner Yes Gilman Yes Yes MOTION PASSED UNAN~OUSLY. 9-2. Ordinance No. 2042-2004 -- Increasing Estimated Revenues and Appropriations by $672 in the General Fund Library Department for a State Grant. MOTION: Council Member Moore MOVED for the adoption of Ordinance No. 2042-2004 and Council Member Swarner SF~ONDED the motion. There were no public or council comments. VOTE: Willi_ams Yes Bookey [Yes Moore Yes Porter I Yes Ross Yes Swamer Yes Gilman Yes MOTION PASSED UNANIMOUSLY. D-3. Ordinance No. 2043-2004 -- Increasing Estimated Revenues and Appropriations by $30,000 in the Airport Te ~rrninal Enterprise Fund for Short Term Parking Lot Renovations. MOTION: Council Member Porter MOVED for approval of Ordinance No. 2043-2004 and Council Member Moore SF~ONDED the motion. ~NAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 5 Tim Navarre -- State he believed the renovations to the parking area were a good idea, but felt an additional exit be placed onto Airport Way and suggested the drive lanes be made wider instead of a wider walkway. Airport Manager Cronkhite stated the initial idea was to make the first row of short- term parking have no charge and after discussing the issue more, it was suggested to allow the first two rows of short-term parking be no fee. She noted, they were observing and keeping counts of current short-term parking use. VOTE: Williams i' Yes Moore Yes Ross Yes Booke¥ Porter Yes Yes Swamer Yes Gilman Yes MOTION PASSED UNANIMOUSLY. D-4. Ordinance No. 2044-2004 -- Amending Title 14 of the Kenai Zoning Code by Adopting KMC 14.20.175 for the Regulation of Adult Businesses MOTION: Council Member Swamer MOVED to adopt Ordinance No. 2044-2004 and Council Member Porter SECONDED the motion. There were no public comments. Council Member Swarner noted the development of the ordinance began in October and had been through reviews and public hearing processes at the Planning & Zoning Commission and now was before council for consideration. VOTE: Williams Yes I Bookey Moore Yes Porter Ross Yes , , Yes Yes Swamer Yes Gilman Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2004-24 -- Awarding a Contract to _ for the Management and Administration of a Summer Flea Market at the Kenai Multipurpose Facility. KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 6 Removed from the agenda. City Manager Snow explained no proposals had been received and-Administration was revisiting the issue. Resolution No. 2004-25 -- Awarding a $19,800 Contract to Edwin L. Goggia for Professional Services at Vintage Pointe Manor. MOTION: Council Member Swarner MOVED to approve Resolution No. 2004-25 and requested UNANIMOUS CONSENT. Council Member Porter SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. D-7. Resolution No. 2004-26 -- Transferring $4,000 in the Recreation Department to Purchase a Used Pickup. MOTION: Council Member Swamer MOVED for approval of Resolution No. 2004-26 and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. There were no public comments. Finance Director Semmens explained the cost of renting vehicles had increased substantially since last year and money would be .saved to purchase a used truck for $4,000 and rent the second truck. Snow noted, a search had been made to find a second used truck to purchase, but one had not yet been found. If a second truck is found, a resolution will be brought forward for a purchase. Snow also noted, the shop foreman inspected the truck and believed it could serve for three to five years. VOTE: There were no objections. SO ORDERED. Liquor License Transfer -- From Don Jose's, d/b/a Don Jose's Restaurant & Cantina to Carter Enterprises, Inc., d/b/a Dona Jose's Restaurant & Cantina. Approved by consent agenda. KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 7 Restaurant Designation Permit Application -- Carter Enterprises, Inc., d/b/a Don Jose's Restaurant & Cantina. Approved by consent agenda. BREAK TAKEN: 8:06 P.M. BACK TO ORDER: 8:25 P.M. ITEM E: COMMISSION/COMMITTEE REPORTS E-1. Council on Aging -- Swarner reported the meeting summary was included in the packet and noted there was no quorum for the last scheduled meeting. E-2o Airport Commission -- No report. E-3. Harbor Commission -- Bookey reported a specie meeting would be held on June 7 due to the Commission's lack of quorum for the May 10 meeting. Library Commission -- No report. E-5. Parks/~ Recreation Commission -- Council Member Ross referred to information he included in the packet as well as the May 6, 2004 meeting summary and reviewed actions taken by the Commission, including development of a proposal for placement of nine-hole Disc Golf equipment on the back portion of the East Kenai Trail system; a request by the Commission for administration to discuss a cooperative development plan with KCHS for further development and utilization of the trail system in conjunction with trail running events; and, discussion of thc request for proposals for a flea market at the multipurpose facility. Additionally, he reported the Commission requested a special meeting be held in June for them to discuss these issues further. Snow reported three requests for flea market proposal packets were picked up, two from community clubs and one from a private entity. No proposals were submitted. She noted, administration had discussed concerns expressed and suggested reducing the .number of weekends to one or two a month. A new draft request for proposals has been submitted to her for review and she requested suggestions from council for making the suggested use more attractive. A brief discussion followed in which it was suggested less dates be required, but to move ahead' as quickly as possible. Snow reported, they hoped to re-advertise the request for proposals and have them out as soon as possible. E-6. Planning/l~ Zoning Commission -- Ross reported on the actions taken at the May 12 Commission meeting, including a public hearing held on the All-Hazard KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 8 Mitigation Plan which was recommended for passage by council. Other items were forwarded to council for consideration and were included on this agenda as items 6, 7, 7 and 9. E-7. Miscellaneous Commissions and Committees E-7a. Beautification Committee -- Swarner reported the meeting summary was included in the packet and Volunteer Planting Day was scheduled for May 29. A letter of resignation from the committee was received from Colleen Canady and also included in the packet. E-To. Kenai Convention/k Visitors Bureau Board-- Michelle Glass, KVCB Director reported on activities taldng place at the Center, including exploration of combining efforts by the KVCB and the Kenai Chamber; Art Show activities; their summer educational and interpretative programs; 2005 art show theme chosen to be "Alaska Native Arts Now"; information from her to include in the June 2 council packet relating to the joint work session scheduled for June 15 between the KVCB Board and council; their intention to apply for a "grant-in-aid" to fund the hiring of a consultant relating to future expansion of the museum; summer hours; and, scenic by-way status. Bookey reported he received a resolution from the Economic Development District supporting the scenic by-way proposal and requested direction from council relating to whether to support the resolution or not. After a brief discussion and explanation of requirements of municipal governments in relation to the scenic by-way designation, council's consensus to Bookey was to state to the EDD the city has no objection to supporting the concept and idea of the scenic by-way designation. E-7c. Alaska Municipal League Report -- Swamer reported the AML Legislative Committee and Alaska Conference of Mayors summer meetings will be held in Kenai August 19, 20 and 21 at the Challenger Center. A reception will be hosted by the city and AML at the KVCB. E-7d. Kenai Chamber of Commerce -- Chamber President Tim Navarre reported on activities taking place at the Chamber, includin§ preparations for the Fourth of July Parade and festivities; the on-§oin§ efforts for donations to the John Watson Memorial Fund; on-§oing discussions with KCVB to combine efforts with the Chamber; and, advertising the recently vacated executive director position. E-7e. Arctic Winter Games -- Council Member Moore reported on activities taking place, including the Committee's non-support of adding Council Member Bookey as an additional alternate for the city. E-7f. Stranded Gas Committee -- Ross reported on activities taldng place with the Committee including: KEN~ CITY COUNCIL MEETING MAY 19, 2004 PAGE 9 · He would be attending the next meeting in Anchorage and will submit the city's economic impact information. · The Committee continues to work on their draft resolution giving guidance to the state negotiators who are working with the pipeline proposers on the Payment in Lieu of Taxes (PILT) issue. He added, currently there is one proposal submitted by BP and two other Canadian companies who have indicated they will be submitting proposals and have agreed to front-forward funds on the pre!~m~nary studies. · The Port Authority has withdrawn their proposal under the Stranded Gas Act and will be working their own issues with the pipeline as to intersect points, etc. · At their Friday's meeting, they w/ll receive a major presentation on access issues, trading hub designations, etc. which could have a direct impact on gas distribution inside the state for industrial purposes. · The Alaska Legislatures has extended the authority of the Alaska Natural Gas Authority (ANGA) to allow them to study a spur route from Fairbanks down through either the railroad or transmission corridor. Casey Reynolds reported a reception for the Pebble Mine group will be held at the KVCB on June 14 with approximately 200 people being invited. Expenses for the reception will be shared between the City of Kenai, Kenai Peninsula Borough and Kenai Chamber. ITEM F: MINUTES F-Xo Work Session Notes of May 3, 2004 -- Approved by consent agenda. F-2o Regular Meeting of May 5, 2004-- Approved by consent agenda. ITEM G: CORRF~~~ENCE -- None. ITEM H: , ,, OLD BUS]NESS H-1. Discussion -- Lawton Acres A lengthy discussion took place in which comments included: · . Reference was made to the memorandum regarding the appeal process timeline (added at the beginning of the meeting) and it was noted if all appeal processes are taken, it could take from eight to 12 months to have a final conclusion to the issue. · Reference was made to the memorandum included in the packet which noted the city will need a preliminm3, plat to include with their rezone application. It was also noted, administration recommended, if council decides to proceed with a KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 10 preliminary plat, any rezone should be contingent upon the plat being finalized and recorded. · Department of Transportation indicated they would have no problem with access to lots on Lawton Acres from the highway. The permit would include a drawing of where the driveways would be placed. The standard for driveways is at least 260' apart. MOTION: Council Member Porter MOVED to proceed with the rezoning/replatting of Lawton Acres based on the preliminary plat and Council Member Moore SECONDED the motion. Discussion continued relating to the steps in the process, i.e. submitting a preliminary plat to the Borough Planning Commission, an application to rezone to the City Planning & Zoning Commission, etc. It was suggested the preliminary plat (with actual dimensions, lot lines, driveways, etc.) be brought back for council review prior to sending it to the Borough. VOTE: williams Yes Moore Yes Ross Yes Booke¥ No Porter Yes Swarner Yes Gilman Yes MOTION PASSED. BREAK TAKEN: 9:47 P.M. BACK TO ORDER: 10:06 P.M. Due to the lateness of the hour, Mayor Williams requested to move Items 1-8 and 1-9 to be heard after Item I-2. Council had no objections. ITEM I: NEW BUSINESS I-1. Bills to be Paid, Bills to be Ratified MOTION: Council Member Bookey MOVED to pay the bill and Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 11 MOTION: Council Member Bookey MOVED to approve the purchase orders exceeding $2,500 and Council Member Moore SF~ONDED the motion. A brief discussion took place relating to the adding funds to a current purchase order to Geonorth. Public Works Manager Komelis explained the increase was related to software compatibility problems. VOTE: There were no objections. SO ORDERED. I-8o Approval-- Lease Application/David Schilling, d/b/a Scbi!!ing Rentals -- Lots 13 & 14, Block 1, Cook Inlet Industrial Air Park. Snow referred to a memorandum included in the packet relating to the lease application. She also noted a letter from the Alaska Court System about development of the court area and its planned expansion of the facility. The expansion will not impact the lots for which this lease application has been submitted. Snow added, if council approves the lease application, administration will proceed with ordering the required appraisal. Snow also stated the Court System's letter indicated, when they do expand to the front of the property, it will remove some parking spaces and they will want to talk with the city about future parking areas for them at that time. Ross also reported the issue was before the Planning & Zoning Commission who approved the application with a notation, based upon whatever development occurs there, it may neCessitate a replat and he believed Scbi!!ing was aware of the issues and alternatives if he does not want to replat. MOTION: Council Member Gilman MOVED to proceed with the lease application and Council Member Porter SECONDED the motion. David Schilling, Applicant -- Stated he will be able to place his first proposed building on the lot in a way to allow the second lot to be used for parking until he's ready to develop that lot. Schilling added, he wants to begin construction next year and the following year develop the second lot. Williams suggested Schilling contact the Court System and discuss the matter further. VOTE: KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 12 There were no objections. SO ORDERED. Approval-- Lease Application/Mike Spisak, d/b/a Bellair, Inc. --Tract A, General Aviation Apron No. 2. City Manager Snow referenced the memorandum and lease application with attachments that was included in the packet as well a memorandum from Airport Manager Cronkhite which was added to the agenda at the beginning of the meeting. Snow reported the Airport Commission held a special meeting on May 9 to review the application and the motion to recommend council approval of the lease failed; the application then came to council and council recommended to go forward with the lease application for Tract A; and, the Planning & Zoning Commission met on May 12 and reviewed the application and determined the proposed use of the property complied with the city zoning requirements but not the Airport Master Plan and subsequently voted to recommend the lease be denied by council. Snow continued, in the inter/m, comments were received from FAA and conversations were held between Airport Manager Cronkhite and Mr. Spisak. She noted, the FAA indicated necessary changes would be needed for Tract A (included in the memorandum from Cronkhite), involving changes to the Building Restrict Line (BRL) and the Airport Layout Plan, as well as concerns with air space. Cronkhite estimated costs of $30,000 (Airport funds) to resolve the issues, i.e. for consultant efforts to accomplish the items listed. FAA indicated a best-case time frame for resolution would be September and more realistic time would be six months. She added, from conversations with Spisak, that timeline would not meet his deadlines. Snow explained, Spisak had actually submitted two lease applications, i.e. Tract A and Lots 5 & 6, Block 1, FBO Subdivision. Spisak indicated, if the development of Tract A would not work out, though this was his preference, he would consider to move forward on Lots 5 & 5. Because Lots 5 & 5 need fill and lease lot improvements, administration felt the $30,000 estimated for making changes to the BRL, etc. on Tract A could be used instead toward i_mprovements for Lots 5 & 6. If council approved, the work could beg/n in the very near future. A lengthy discussion followed with comments including: · The lease application for Tract A Was reviewed by the Planning & Zoning Commission and they unanimously'voted to not recommend approval. The Co__m__r~ssion heard extensive comments on the drainage issues, the property size and development plan, the BRL, Master Plan and Airport Plan issues. It was noted, even if the issues could be surmounted, the project would be delayed well into the future. The front half of Tract A is currently identified in the Airport Master Plan as "for lease." Mike Spisak, Bellair, Inc. -- Spisak noted the following: KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 13 · He prefers Tract A because of the location. · He's in the process of starting a scheduled air carrier business in Kenai and wants to use the property for their maintenance business. · He doesn't believe moving the BRL would be a problem. · On the lease application drawing, they indicated development on the west side of Tract A as their initial development. · The quicker they build their structure, the quicker their business will open in Kenai. · Expansion on the Willow Street side of Tract A is not planned at this time. · Indicated his preference between developing Tract A, including having to wait for the approvals, changes of the BRL, etc. or developing Lots 5 & 6 after it being brought to grade, Lots 5 & 6. Airport Manager Cronkhite noted the following: · FAA reviews the appraisal once it is submitted and then approves or disapproves the appraisal. · FAA indicated to her, because the Airport Master Plan and the Layout Plan show Tract A to be used for future ramp development, they would not look kindly at later the city requesting a grant to buy the property back because of ramp expansion needs. · FAA also considers what is the highest and best use of the property. · If the Master and Lay Out Plans are updated and the designation of the property being set aside for ramp expansion removed, there is no guarantee FAA would agree with that planning process. · Changing the BRL requires review and process by FAA as well as the review of the adjacent property. · Because of the time it takes to acquire an appraisal and then FAA's review, she believed three months time in which to clear the noted issues would be unrealistic. · With a large piece of street-front property ~with no development plan, a large portion of ramp-adjacent property designated for vehicle parldng, it would be highly likely it would not be designated as the highest and best use for the property. Ross stated he concurred with Cronkhite and believed if the reviews went forward, etc., he believed it would take an extended period to proceed through the review processes and a there was a very good probability of denial by FAA. Cronkhite was asked how long it would take to fill Lots 5 & 6. She explained, the city could strip the rest of the overburden with its equipment, etc., but the city does not own the material required to bring the lots to the grade Spisak discussed and, negotiations would be required between the city's engineer and Spisak as to what appropriate grade is because of the drainage from the ramp and Willow Street. KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 14 Cronkhite added, it was administration's thought, during the six-month time it would take to get the appraisal completed, reviewed, and approved by FAA, the work on the property could begin and gravel added, however a transfer would be required to purchase gravel (which was not part of her original proposal). Cronkhite also noted: · The $30,000 would not bring the properties to grade. · An appraisal would be done after the dirt work is completed and to eXPedite the timeline, administration discussed receiving approval from council to begin work on the lot with city equipment and concurrently doing the paperwork, negotiations, etc. to hire gravel to be brought in to continue the process; and, at the same time call a special meeting of the Airport Commission to approve the lease on Lots 5 & 6; have Planning & Zoning Commission review and approve the lease application; and, order an appraisal for Lots 5 & 6. · Doing the dirt work on the property ahead of approval of the lease application by the council would not hurt the property but would add value. · The city's improving lots in order to lease them has not been done in the past. They have always been leased "as is." · The city received a previous lease application for Lots 5 & 6, however that applicant felt another lot would be less costly to develop and the lease application for Lots 5 & 6 was withdrawn. Spisak noted he would consider "to grade" as level with the ramp. Bookey stated $30,000 would not bring the lots to the condition Spisak was wanting and Spisak would have to add to the $30,000 to bring it to grade. Spisak stated he had not seen where the $30,000 was the dollar amount discussed. Bookey stated he believed an estimated cost could be ES 100,000 and was not wanting the city to spend that amount. Bookey stated he was concerned the council and Spisak were not discussing the same level of development, i.e. the city's suggesting a patch for Spisak to get his planes in and off the ramp and Spisak was suggesting the city bring the lots up to almost "build-ready" condition. Discussion followed related to drainage concerns on the property. Spisak stated he didn't believe making modifications would be too problematic and offered his modification concept. Public Works Manager La Shot explained the drainage concerns were much more complicated, i.e. it's a large drainage basin for the ramp and taxiways. He added, he would consider Lots 5 & 6 as already improved in comparison to Tract A as Tract A would require materials removed prior to development. La Shot also noted, to what grade Lots 5 & 6 will need to be brought and impacts to the adjacent lots as far as drainage, etc. will need to be determined. Gilman asked if the city was restricted to use only earnings from the Airport Trust Fund because of FAA regulations or city ordinance. Attorney Graves explained, the city ordinance restricts use of the corpus of the Trust Fund. Administration has KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 15 requested information from FAA, i.e. if the city removes the restriction, would it comply with FAA guidelines. To date, no response has been received from FAA. Gilman stated his desire to receive an opinion as soon as possible because the funds could be used to develop airport properties and make the airport more marketable. Swarner noted, because the city would not improve the lots for the previous applicant, she would not agree to doing so for this applicant. Cronkhite noted there was a large difference between the two proposed uses, i.e. one for a personal use helicopter hangar and Spisak's proposed use is for something the city has marketed for and reduced taxes to attract. Finance Director Semmens noted Spisak, if the lease is approved, etc., would be paying six percent interest on the lease value which would be more than what the Airport Fund is acquiring in interest rates. Porter stated her desire to accommodate Spisak in order for the business to be situated in Kenai, which would bring employees, taxes, etc. Ross stated the city has enhanced property before, i.e. water/sewer system on Millennium Square property, paving Marathon Road, etc. Gilman stated he supported the city's using the funds to improve the lots. Ross stated he believed it would be an investment in the marketability of the property. Cronkhite noted the costs first envisioned to put toward the improvements on the property was $30,000 and that amount had escalated to $100,000 of airport funds.~ She noted, at this time she did not know what "to grade" would entail or what the total cost would be to bring it to ramp grade. It was also noted, to do the improvements in a timely manner, it would require contracting out the work, which would also require bids and specifications and a timeframe of up to three months, plus a higher cost as a capital project. MOTIOI~: Council Member Ross MOVED to approve the lease application for Tract A to Mike Spisak, Bellair, Inc. and Council Member Gilman SECONDED the motiom Discussion on the motion followed and comments included: · A suggestion to table the motion instead of voting it down in order to allow time to prepare documents for improvements to Lots 5 & 6 and to allow fim__e to receive an opinion from FAA as to whether changes to Tract A as discussed earlier could be made. · To prepare bid and sPecification documents, bid the job to improve Lots 5 & 6, if council authorized $100,000 to do the job during this meeting would take approximately two months. · Spisak suggested a deferment by offered by council to get the job done, however it was noted, FAA could be asked if it would be allowable, but it was very doubt~l they would approve the request. KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 16 Discussion of the advantages to tabling or voting down the motion to approve the lease application for Tract A continued. It was noted, from the discussion, Spisak stated leasing of Tract A would not work in his time frame. Spisak was asked again if he believed his decision on that point would change and he answered, only if Lots 5 & 6 were not improved. MOTION TO TABLE: Council Member Gilman MOVED to table Item I-9 and Council Member Moore SECONDED the motion. VOTE: Williams Yes ! Bookey Moore Yes Porter Ross No Ycs Yes No Yes MOTION PASSED. MOTION: Council Member Bookey MOVED to direct administration to proceed with hiring the engineer, acquiring cost estimates, doing the preliminary design and putting together a time table all to be before the council at the June 2, 2004 council meeting. Council Member Moore SECONDED the motion. MOTION TO AMEND: Council Member Bookey MOVED to amend the motion to include council's approval to authorize any necessary special commission meetings relating to this matter. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. BREAK TAKEN: 11:49 P.M. BACK TO ORDER: 11:55 P.M. I-3o Ordinance No. 2045-2004 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. MOTION: ~NAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 17 Council Member Bookey MOVED to introduce Ordinance No. 2045-2004 and Council Member Swarner SF~ONDED the motion. MOTION TO AMEND: Council Member Gilman MOVED to amend Ordinance No. 2045-2004 setting the salary of the City Clerk at $61,454, the City Attorney's at $98,196 and the City Manager's at $98,440 and to be effective July 1, 2004 and that the required appropriations be included in the FY 2005 budget ordinance when it is considered for action. Council Member Porter SECONDED the motion. VOTE ON AMENDMENT: Williams Moore Ross Yes Yes Yes Bookey Yes Porter Yes Swarner Yes Gilman Yes MOTION PASSED UNANIMOUSLY. Bookey suggested adding a poliCe officer position to the budget. SnOw explained, an additional police officer position was requested during the preparation of the budget and was included in administration's first several drafts. It was removed from the budget document forwarded to council, but it was felt council should be advised administration felt the position was justified. Chief Kopp indicated his justification for the position was based on officer safety, public safety, statutory and criminal requirements, doubling of case loads due to increased population growth, geographic diversity, new paperwork requirements, etc. A lengthy discussion followed in which costs for an additional officer were reviewed, i.e. approximately $80,000 including salary and benefits, no additional vehicle, etc. MOTION TO AMEND: Council Member Bookey MOVED to amend the General Fund budget by adding $80,000 to fund another police officer and Council Member Porter SECONDED the motion. Williams stated he believed the request was untimely and would not support it. Ross stated he agreed with Bookey and Porter and stated he would support the request. VOTE: KEN~ CITY COUNCIL ME~ING MAY 19, 2004 PAGE 18 Williams No Moore Yes Ross Yes Booke¥ Yes Swarner Yes Porter Yes Gilman Yes MOTION PASSED. Discussion followed related to personnel costs for Sunday openings at the library. Finance Director Semmens stated calculations revealed a 24-hour a week person would not be necessary through scheduling changes and with the 290 temporary ~ hours already included in the budget. He stated costs would be $13,443. MOTION TO AMEND: Council Member Gilman MOVED to amend the library budget to include $13,443 to open the library on Sunday and added, he wanted the money earmarked to that purpose and noted he had discussed this with City Attorney Graves who confirmed that would be allowed. Council Member Porter SECONDED the motion. W~ll~ams stated he would not support the motion as he believed administration should be allowed the latitude of deciding the best benefit of hours, funding, etc. G~]man stated he had been listening to constituents who, with their children, would like the library open on Sundays. Porter stated she believed the govem__ment is to serve the public and not the employees and the council should accommodate the general public and the employees. VOTE: Williams No Bookey iI Yes Moore Yes Porter [ Yes Ross Yes Swarner Yes Gilm~ Yes MOTION PASSED. MOTION TO AMEND: Council Member Ross MOVED to add $65,000 to the. Public Works budget for dust control and Council Member Moore SECONDED the motion. Se_m__mens noted $65,000 was included on the list of items discussed during budget work sessions and was already added into the budget. WITHDRAWAL OF MOTION: KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 19 Ross withdrew his motion and Moore withdrew his second. Tim Navarre, President, Kenai Chamber of Commerce -- Navarre stated, after t~e last council meeting, he discussed with members of council including funding in the budget for assistance to the Chamber. Because he felt the additional police officer was justified, he did not want to go forward with the request for Chamber funding. He added, he would prefer the council hold the line on other costs and provide services. Navarre stated the Chamber would continue to locate funding sources and if they need help, they will come back and make a request to council. Gilman offered a motion to add $30,000 to the budget for the Kenai Chamber of Commerce. However, there was no second and the motion died. MOTION TO AMEND: Council Member Porter MOVED to amend the budget in the amount of $25,000 to allow the Recreation Center to be open on Sunday and to reinstate that program up to the level it used to be. Council Member Gilman SECONDED the motion. Porter stated, in her discussions with City Manager Snow and the Boys & Girls Club Director, the amount of $30,000 was discussed, however she felt the amount could be less. Snow stated, the $30,000 was a rounded-off amount to cover 52 weeks ($581/week). She added, historically Sunday openings at the Recreation Center had been seasonal, i.e. closed during the summer. Frates confirmed the Teen Center was always open on Sundays, however the downstairs was closed for the summer months (open September through May). WITtH)RAW~ OF MOTION: Porter withdrew her motion and Gilman the second. Porter stated she may bring the motion forward at the June 2 meeting, however. Ordinance No. 2046-2004 -- Increasing Estimated Revenues and Appropriations by $125,000 in the Congregate Housing Enterprise Fund to Repaint the Building Exterior. Introduced by consent agenda. Ordinance No. 2047-2004-- Increasing Estimated Revenues and Appropriations by $5,000 in the Council on Aging- Title III Fund for Food and a Computer. Approved by consent agenda. ~NAI CITY COUNCIL ME~ING MAY 19, 2004 PAGE 20 I-6o Approval -- Remove of Plat Note Restriction for Lots 7, 8, 9 and 10, Block 4, Strawberry Hill Estates, KPB File 2004-097; KPBPC Resolution No. 2004-16. MOTION: Council Member Ross MOVED for approval of the removal of the plat note restriction for Lots 7, 8, 9 and 10, Block 4, Strawberry Hill Estates and Council Member Moore SECONDED the motion. It was explained council could veto the request for removal of plat note restrictions or if they take no action, that would approve the removal. Ross reported the issue was reviewed by the Planning & Zoning Commission who unanimously approved the removal of the plat restrictions. He added, the Department of Transportation and Borough Plann/ng Commission also approved the removal. Ross reported, it is a driveway which has existed since 1984. VOTE: Council had no objections. SO ORDERED. I-7o Approval -- Lease Application/Division of Forestry -- Lot 4, FBO Subdivision No. 7. MOTION: Council Member Bookey MOVED for approval of the lease application to the Division of Forestry for Lot 4, FBO Subdivision No. 7 and Council Member Moore SECONDED the motion. Ross reported the lease application was reviewed by the Planning & Zoning Commission who unanimously approved it. VOTE: There were no objections. SO ORDERED. ITEM J: , REPORT OF THE MAYOR -- No report. ITEM K: ADMINISTRATION REPORTS K-.1. City Manager-- City Manager Snow noted the following: · Referred to a letter included in the packet requesting the purchase of the old concrete piling located on the comer of Spur View Road and Frontage Road. She KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 21 noted, the Code allows the city manager to sell items when competitive bidding is not required with notice to and approval of the council (KMC 7.15.070). In checking with other city departments, she learned the city has no use for the piling. If council had no objections, she would set a nominal fee and sell it. Bookey stated he had no objections to making the sale, but had experience in removing other pilings that had been on the property, and was aware the piling was set deep into the ground and it would require excavation to remove it. He suggested whoever removes it be licensed, bonded, insured, etc. and the hole left be filled in as well. Council voiced no objections to the sale. * Referred to Semmens report and relating to insurance pools. Semmens discussed quotes expected from two insurance pools for property and general liability insurance. Because AML/JIA has historically quoted higher, the city has used APEI. Both provide similar insurance, but AML/JIA functions more like a sharing arrangements than the other. He asked if council would have any objections to switching to AML/JIA if the price is less. Semmens explained the differences between the two pools and past experiences. No objections were stated to consider switching insurance pools if the price is amenable. · Referred to the memorandum included in the packet from Public Works Manager Komelis relating to the boating facility exit road. Snow reported the requested reappropriation of funds had been approved by the Legislature, but had not been signed by the Governor. She noted, one of the components of the boating facility project is a possible land trade with the Conservation Fund. Snow requested council's direction whether to proceed as listed in the memorandum. It was suggested the issue be discussed at a furore meeting after the Harbor Commission reviews the issue. Swarner referred to the Airport Manager's report regarding Federal Express and stated concerns with the issue. Cronkhite explained, she had learned Federal Express has some concerns with the Ron's Rent-All property and she was continuing discussions both parties' representatives. She added, she had contacted the engineer doing the design work on the access to the property and indicated it was not a high priority at this time; she contacted the FAA with the information; and, awaiting notification the Federal Express issue has been resolved will not impact the access to the other two lots included in the access issue because the development on those lots is not planned until next year. K-2. Attorney -- Attorney Graves reported the Alaska curfew law had been resolved by the Alaska Supreme Court and he and Chief Kopp were reviewing the city's curfew ordinance to bring it to closer compliance with the Alaska law. The amendment ordinance will be brought forward in the near future. K-3. City Clerk -- City Clerk 'Freas noted: · A Special Parks & Recreation Commission meeting had been scheduled for Thursday, June 3 at 7 p.m. in the Council Chambers. KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 22 A Special Harbor Commission meeting had been scheduled for Monday, June 7, 2004 in the Council Chambers. · Requested a council member to be assist in planning the Milepost .advertisement. Council Member Swarner volunteered. ITEM L: DISCUSSION L-1. ' Citizens Bob Peters, Old Town -- Stated his appreciation of the council's efforts. L-2. Council Bookey -- Stated he felt it an honor and privilege to have gone to Washington, DC to represent the City of Kenai in participating in the Police Week and Police Memorial activities. He also thanked Mayor Williams for his efforts in introducing him to meetings with congressional delegation representatives, etc. Swarner-- Noted the following: · Noticed a sign for properties to rent instead of lease on Trading Bay which have a city phone number for a contact on it. · Noted what appears to be junk deposited on the Professional Building lot. · Hailer junk yard is looking good. · Suggested the old Swanson building at Spruce and Spur could be condemned and razed. A car without tires is situated in front of the Salvation Army store. Asked for a report on the Sean Anderson property development and Snow noted a letter had been sent by certified and regular mail to Anderson. The return receipt had not been received to date. Swamer requested council be emailed with the date the letter had been sent. · - Noted she received no responses from an email she sent to other council members regarding the placement of a memorial tree in Memorial Park for Officer Watson and requested administration locate funds for this purpose. · The Three Bears grand opening is scheduled for June 12. · The Kenai Watershed Forum has scheduled the Kenai River Festival for June 12 and 13. · Hunger Awareness Day is June 3 and elected officials are encouraged to serve soup at the Food Bank. Williams noted Chief Kopp was coordinating with the Watson family in regard to placement of a memorial in the park which was agreed to as part of a package effort by the community, Kenai Chamber, etc. and ff the council decides a tree and plaque KENAI CITY COUNCIL MEETING MAY 19, 2004 PAGE 23 should be a part of the package, it may be able to be worked in. Swarner stated she would like a tree planted as well. Moore -- Stated he was surprised by changes made to the budget during the meeting and reminded those present of the Air Fair scheduled for Saturday, May 22. Porter -- · Requested council discuss streamlining the commission/committee report portion of the agenda. · Noted a lot of beetle-killed trees on the right-hand side of Rogers Road. Gilman -- No comments. Ross -- Stated he appreciated Williams' and Bookey's efforts in Washington, DC. Williams -- Reported he and Bookey met with representatives of the congressional delegation while in Washington, D.C. They discussed the bluff erosion/restoration project and collectively concluded the project should follow Senator Murkowski's suggestion to designate the project as a Corps of Engineer project. If a change were made in the project direction, it could slow the process or cause additional funding concerns. He added, as a Corps project, the city would still have to offer in-kind contributions amounting to approximately $4 million. However, efforts would be made to include past city expenses, value of lost private bluff property, value of bluff property to be purchased by the city, etc. in the city's in-kind contributions. Consideration could be made to bond for the remaining in-kind requirements. Williams added, he felt the project was proceeding. _EXECUTIVE SEiSION -- None scheduled. ITEM M: ADJOURNMENT The meeting adjourned at approximately 1' 19 a.m., May 20, 2004. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z Z 0 ~Z I- z LU LU Z ~ 0 Z m 0 0 Z -- ~ ~ Z ~ Z H- Z ul Z ::3 0 LU 0 n,' 0 0 Z 0 0 ~ 0 o o n LLI n,' o o U.I LLI I- On _.! I--Z ,'T' I-- u.I -J LL! ~ -- u.I o o n LLI Z LLI 0 0 LLI W >- I-- ILl ,5, Z 0 0 0 o o n LLI u..I n ILl n,' LLI 0 Z LL! Z 0 LLI 0 o o m 0 o Z (/3 >- n,' rn 0 o Z Z X 0 IAI 0 0 LLI o o o o 0 Z u.I LU Z Z W 13. 0 o Z Z 0 n,' LU I-- Z U.I n,' 0 Z Z Z Z u.I u.i w -r' o o w C3 Z N 13. o o o o o t-- LLI C3 Z Z ILl 13. Suggested by: Councilor CITY OF KENAI ORDINANCE NO. 2048-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.10.010 AND 7.10.020 BY INCREASING THE SALES TAX RATE FROM THREE PERCENT (3%)TO FOUR PERCENT (4%). WHEREAS, KMC 7.10.010 currently levies a three percent (3%) sales tax on all retail sales within the City; and, WHEREAS, as a home rule municipality, the Kenai City Council may amend the sales tax rate by an ordinance; and, WHEREAS, the change in the sales tax rate would take effect on January 1, 2005; and, WHEREAS, an increase in the sales tax rate would allow for a decrease in the City's property tax rate and would add revenue to provide for city services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that 7.10.010 and 7.10.020 are amended as follows: Section I. 7.10.010 Levy of Tax. There is hereby levied a consumers sales tax of [THREE PERCENT {3%)] four percent {4%) on all retail sales, rents, and services made or rendered within the City limits measured by the gross sales price of the seller. Section II. 7.10.020 Ownership of monies. The [THREE PERCENT (3%)] four percent {4%) consumers' sales tax levied herein and all sales taxes collected are City of Kenai monies and the seller is at all times accountable to the City of Kenai for such monies. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: June 2, 2004 June 16, 2004 January 1, 2005 Suggested by: Administratio: City of Kenai ORDINANCE NO. 2049-2004 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $12,000 FOR A FEDERAL GRANT FOR WETLANDS PROTECTION. WHEREAS, the City of Kenai received a grant of $12,000 from the U.S. Fish and Wildlife Service for wetland protection in the South Spruce Street area; and, WHEREAS, the grant requires an equal match that will be met with in-kind services provided by the City; and, WHEREAS, the project will protect wetlands by blocking access to sensitive areas at the base of Spruce Street and by providing trail access through or around sensitive areas. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Spruce Street Wetlands Capital Pro~ect Fund Increase Estimated Revenues: Federal Grants $12,000 Increase Appropriations' Construction $12,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June 2004. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (05/14/2004) hl Introduced: Adopted: Effective: June 2, 2004 June 16, 2004 June 16, 2004 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum lg~JZ Date: To'. From: May 27, 2004 Linda L. Snow, City Manager Klm Howard, Assistant to the City Manager Lease Application, Bellair, Inc. Lots 5 & 6, Block 1, F.B.O. Sub. Mike Spisak, on behalf of Bellair, Inc., has submitted a lease application for the above referenced property. This application was previously submitted on April 30, withdrawn, and a new application was submitted for Tract A, General Aviation No. 2. At their meeting of May 19th the City Council tabled the lease application for Tract A and encouraged Mr. Spisak to submit an application for Lots 5 & 6. Lots 5 & 6, Block 1, F.B.O. are located on Willow Street and shown on the attached vicinity map. Bellair, Inc. is proposing a 55-year lease. The purpose is to construct a hangar and office facility to operate air carder operations. The estimated construction cost is $600,000. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may apply the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows for a 55-year lease for a $600,000 investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport Commission had a special meeting on May 26th to review the application and determine if the intended use complies with the Airport Masterplan. The Commission recommended approval of the application. At their meeting of May 26th the Planning and Zoning Commission reviewed the application to determine if the intended use complied with the zoning ordinance and Comprehensive Plan of the City. The Commission recommended approval of the application. KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the lease application submitted by Mike Spisak d/b/a Bellair, Inc., an appraisal will be ordered. The appraisal will consider any improvements to the property that the City makes. Cc: Mike Spisak, Bellair Inc. Attachments "gi//a~qe wi?h a l~aa~, ~i~y with a ?.lare 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 1992 KENAI, ALASKA MEMO: TO: FROM' Kim Howard, Assistant to the City Manager Nancy Carver, Planning Assistant~../ -,j, DATE: May 27, 2004 SUBJECT' Lease Application, Bellair, Inc. Lots 5 & 6, Block 1, F.B.O. Subdivision At their meeting on May 26, 2004, the Planning and Zoning Commission reviewed the lease application submitted by Mike Spisak d/b/a/Bellair Inc. The Commission determined that the lease, as submitted, complies with the City's zoning and the Comprehensive Plan and unanimously recommended approval of the lease. KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~,...=. 1992 MEMO: TO' FROM' DATE' Planning & Zoning Commission Nancy Carver, Planning Assistant May 20, 2004 SUBJECT: Lease Application- Bellair, Inc.- Lots 5 & 6 F.B.O. Subdivision The City of Kenai has received a lease application for the above-referenced parcel. The Planning Commission must determine if the intended use complies with the zoning ordinance and the Comprehensive Plan. This parcel is zoned IL- Light Industrial. The applicant plans to construct a hangar and an office. Professional offices and airports and related uses are listed as permitted uses in the land use table. The City of Kenai Comprehensive Plan uses the Airport Land Use map to determine use of airport lands. The Airport Land Use map has designated these lots for aviation related activities. If the applicant plans to construct the hanger in the center of the two lots, the lot line may have to be removed. Based on this information, it appears the proposed lease complies with the City's zoning and with the Comprehensive Plan. " CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, AI..ASKA 99611-7V. TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum I~92 Date: To.' For: From: May 20, 2004 Kenai Planning and Zoning Commission May 26th Meeting .~/, Kim Howard, Assistant to the City Manager Lease Application, Bellair, Inc. Lots 5 & 6, Block 1, F.B.O. Sub. Mike Spisak, on behalf ofBellair, Inc., has submitted a lease application for the above referenced property. This application was previously submitted on April 30, withdrawn, and a new application was submitted for Tract A, General Aviation No. 2. At their meeting of May 19th the City Council tabled the lease application for Tract A and encouraged Mr. Spisak to submit an application for Lots 5 & 6. Lots 5 & 6, Block 1, ~F.B.O. are located on Willow Street and shown on the attached vicinity map. Bellair, Inc. is proposing a 55-year lease. The purpose is to construct a hangar and office facility to operate air carder operations. The estimated construction cost is $600,000. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. The FAA has agreed that the City may apply the criteria used by the State in 17 AAC 45 for their airport leases. This application meets the criteria that allows for a 55-year lease for a $600,000 investment. Prior to leasing, an appraisal must be approved by the Federal Aviation Administration. The Airport Commission will have a special meeting on May 26th at 6:00 p.m. (prior to the Planning and Zoning meeting) to review the application. The Airport Commission's recommendation will be reported at the Planning and Zoning meeting. The Planning and Zoning Commission needs to determine if the intended use complies with the zoning ordinance and Comprehensive Plan of the City. The recommendations of both commissions will be forwarded to the Kenai City Council for lease application approval. Cc: Mike Spisak, Bellair Inc. Rebecca Cronkhite, Airport Manager Attachments REMAINDER OF SECTION 32 1 ,,' .. ,,' ." 2 ,,,,. 2 ~ CO ..... ,~) .... -.~ ~.. Subject ;' · '" -- Parcels"~,.~,,....~., ' /' ..... ' " FBO NO. $ ~ '"-..,. -._ ~.. .. · .,~ ~A .' ...... ,? .. -' ", -.... · , 2 '"'"",,- " " ~ '"" ~ o-- ,. 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'-~.. / , ~,/ .. ~.. . ~' ' vj ~'~" / -~ '~ "' '~'~"-' Z '"" "~" " ' ~ ~ ,a "' ~ -'.. ' .~'~ '-"--,-.." '~ ,' "." ', '- ..... .. , LEASE PROPERTY · n~,.I ~, ~ ' ~'-r--~.. ...... -~. .' ~ . "'-.... ' .. ":-. TR. B-1 " ~,'~' ,..( / ." , / ~ "r'~. '", ,, ' .......... .. -. -.. ,-.~ ~ ' ~ , , L. .... ' ~ '-, ~'"'. '. ~:' ". '. " .~- CITY OF KENAI 210 Fidalgo Argue, Suite 200 K~nai, Almka 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicam _ ~ddr~s q K'a 2.. Busincss Name and Address Telephonc Kenai Pen/n~la Borough Sales Tax No. (if applicable) __. Sta~ of Alaska Business License No. (if applicable) L '-- / o I ~' Legal D¢~'ipfion ' ' Purpose ofPropo,~t Le. as¢ T='m of Proposed Lease D~cription of Proposed Development (type, conswaction materials, size, ~c.) Time Schedulc for Proposed Developmcat · Beginning Date ~ ~ ~ · Complc~ion Date (maximum o£'tw(~ yea~)___ ~, ../.,~ ~.$ Estimated Value oflmprov~nen~ $ ~ o O~ 0o0 - APPLICANT'S SIGNATURE: Date: _~/'~~__0/~~ ~' APPLICANT'S SIGNATURE: ~~ Date: ,o f / e e BELLAIR, LNC. 10' S.~t 200' Wide Block I Lot 5 & 6 100' S~ Back Paved Ramp Hangar Door 80' Wide x 20' High Hangar 80' Wide x 60' Deep Concrete Floor 80 X 24" Ogll~ Freight Receiving & Avionics - III I I I --- - I I I I ! ii i Airc~ft Parking & Tie Down BRL Gravel Parking Parking & Tie Down Gravel Parking Customer & Employee Parking Lot Gravel Parking 392.0' Ill · I I iiii _ _ I i · BELLAIR, INC. Operations: P.O. Box 60311 Fairbanks, Alaska 99706 Phone: (907) 457-$359 Fax: (907) 457-2239 Business Office: 6601 South Airpark Place Anchorage, Alaska 99502 Phone' (907) 245-0271 Fax: (907) 245-0276 ! I · III .... II I II I I I II i I III ~1 May 2 0, 2004 To: Klm Howard From: Mike Spisak Subject' Lot 5 & 6 Attached is the lease application checklist for lots 5 & 6. In regards to the drainage plan we intend to slope the lot towards Willow Street and either stock pile snow on the Northeast comer of the lot or have it removed if needed. The circulation plan will be entering and existing the lot from Willow Street. Signs will be posted on the side of the building. Fencing will be installed on the Willow Street side of the lot attached to the building. No Curbs will be installed. Building height will be approximately 30' to the - peak. An FAA form 7460 will be submitted to the FAA for approval. If you should have any additional questions please call me. Sincerely CITY OF KENAI LEA~E A_PPLICAT!ON CHECKLIST (All items must be completed before application can be accepted.) At~ a development plan ~rawn t~ scale. Drawin§$ do not need to be prepared by an arvhit~:t or ongin~¢r, Show tho layout of'the lot and the location of all proposed improv~nents, The drawings also nce. d to show tho following. 2. Proposed buildings .3. Parking facilities (how many spaces and location) 4. Site improvements · Areas to be cleared and method of disposal Proposed gravel or paved ar~as Landscaping pl~n (retention of natural vegetstion and/or proposed planting areas) 5. Building s~ ba~.ks Drainage plan and method of snow retrieval 7. Circulation pls.n (all en~.nces, exits ~nd on-me access) 8. Location of sign(s) - sign pemit required 9. Fencing - permit required ffhoight is over 6' 10.C~b cuts (wh~r¢ applicable) 11, Building height 12. FAA l~orm 7460 Noti~ of Proposed Conslruction (For. consmzction ofbuildin~ on airport land. This form is to bc submitted to the FAA by the applicant, h can be downloaded i-om ~he FAA website htt~_ ://www..alaska.faa.10Y/airpons. Tho site has a menu for forms. . 3 CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the City) Kenai Peninsula Borough Parcel No. ~. ¢'.~'d~ag'/77 zoning _.~-/_.. Permits Required: · Conditional Use Permit Z)]~ · Landscape Review · Building Permit · Sign Permit Assessments ~on ~. . Insurance Limits Required Construction must begin by Completion date for major construction c,_;,,//~ ~v. y~_-,e.~ ~//~ ~_~t~~. ,, P!anninu Commission Auuroval Date of Approval' Ci.ty Council Aoorovai . . By: Date of Approval' City Clerk THIS APPLICATION WILL BE MADE A PART OF THE LEASE Passen~jeP Service between l/.enai & Anchora~je ,,DEPARTURE Flight # 500 Ke~ai 7:00 a.m. Anchotacje Flight # 50I Anchorage fl:OO a.m. Kenai DAYS A WEEK BE,G/N NIN G J UN!E I!S'T ARRIVAL · 7::~O a.m. B:]O a.m. ~ Flight # 400 Kenai 9:00 a.m. Anchorage u Flight # 401 Anchota9e 10:O0 a.m. Kcnai 9-~O a.m. 10:50 a.m. Flight # 500 Kenai 1~:OO a.m. Anchorage 11::30 a.m. Flicjht # 50~ Anchorage 12:00 p.m. Kenai 12:!30 p.m. Flight # 600 Kenai ~:00 p.m. Anchorage 1.30 p.r Flight # 601 Anchorage 2:00 p.m. Kenai 2:50 Flight # 700 Kenai 3;:O0 p.m. Anchorage ~:~0 p.m. Flfght # 701 Anchorage 4:00 p.m. Kenai ~:50 p.m. Flight # 800 Kcnai 5:00 p.m. Anchorage 5:~O p.m. Flight # 801 Anchorage 6:00 p.m. Kenai 6:30 p.m. Flight # 900 Kenai 7:00 p.m. Anchorage 7:50 p.m. Flight # 901 Anchorage 8:00 p.m. Kenai 8:]O p.m. TO BOOK A FLIGHT, CALL: 1-888-536-2439 OR 9,8:3-4927 1-888-KENAI-EX ALL TICKETS ARE AVAILABLE THROUGH " 'ALASKA' T TRAVEL HOURS: MON-FRI 6::30 a.m. to 6:00 p.m. & SAT 10:00 a.m. to 2:00 Freight and Passenger Chafers are also available s~tewide. WINCE-CORTHELI~BRYSON CONSULTING ENGINEERS P.O. BOX 1041, KENAI, ALASKA 99611 (907) 2834672 Fax (907) 283-4676 Email wcb~tialaslaxnet June 2, 2004 City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611 Attention: Jaok LaShot, P.E. Subject: Lots 5 & 6, Block 1, FBO Subdivision Site Improvements As requested, we have performed a field survey and limited geotechnical investigation of the subject lots. This information is to be used to develop schematic level plans and cost estimates for correcting drainage deficiencies, and bring the subject lots to an elevation suitable for lease d~elopmem utilizing both the Apron and Willow Street fi'omages. As pan of this work we have emended the survey and design work back along the west side of Willow Street to the terminal entrance, where the main aircraft parking apron drainage system routes nmoffeast to Ryan's Creek. · The site plan assumes a finished paved grade, bm proposes construction conm-ucte~ only to Type I Gravel. Drainage is routed down ~e north side of Lot 6 and the south side of Lot 5 also providing drainage for Lots 4 and 7. Drainage easements will be n~¢ssary b~tween Lots 4 ~d 5 and 6 and 7. Gravel grade would be at 0.33 fe~ (4 inches) below the finish contours across the site. Sh~dlow swales would be provided along the southerly and norfl~erly property lines. 1.5 to 2.5 feet of unsuitable silt and silty sands must be removed across the site as well as a waste pile. An average of 1.5 feet of imported Type Three sand and gravel must be imported prior to placing the eight inch gravel cap. Drainage down the west side of Willow Street was evakmted two ways, one with ditch grading and the other providing a pipe storm drai~ Both were assumed at minimum grades to check how far positive drainage could be provided. The ditch option could extend southerly drainage about 250 feet beyond Lot 6, or about halfway to the Air Traffic Control Tower. At that point drainage would have to be routed north to a furore ditch system t° Ryan's Creek near of the ~ght service station, as shown in the 1992 Drainage Study. There is ample room within the right-of-way to accommodate a ditch sysmm with moderate dopes and suitable for landscaping and maintenance. The east side of Willow Street could be graded in the same manner. Two existing shallow utility crossings will lose 1.0 to 1.5 feet of cover. They could be exposed and encased in concrete if bury depth is reduced below code requirements. The pipe option would require about 600 feet of storm drain to serve Lots 6 and 7, and could be extended 'another 600 feet to serve north to the tower area. Ditch grading could be extended north in that area, however the change in storm water routing f~om the 1992 Drainage Study should be evaluated to insure that the existing 24 inch pipe across the City maintenance yard is not overloaded. A pipe storm drain system would provide increased flexibility with adjacent property development, however it would be much more expensive to construct. The following costs have been estimated, with the development of Lots 5 and 6 shown as the Basic Bid and the two Willow Street drainage options shown as alternatives. Basic Bid (Lo~ 5 & 6 Developmen0 Fence and Gates Removal and Rein staHation Excavation Type III Borrow Type I Borrow 15 ~nch Chflverts Tom! 315 Feet ~ $50.00 5ooo c.Y. $7.50 5000 C.Y. ~ $10.00 2000 C.Y. ~ 11.00 50 L.F. (~ $30.00 $15750.00 37500.00 50000.00 22000.00 1500.00 $126750.00 Alternative One, W'ffiow Street Ditch Excavation Topsoil (4") and Seed 15 Inch Culverts Traffic Control Total 300 C.Y. (~ $10.00 12000 S.F. ~ $0.50 100 L.F. ~ $30.00 Sum 3000.00 6000.00 3000.00 1000'00 $13OOO.OO Alternative Two, W'ffiow Street Storm Drain 24" C.M.P. 48" Manholes Traffic Control Topsoil (4") and Seed To_t~l 600 L.F. ~ $40.00 3 Each ~ $3000.00 LunV Sum 12000 S.F. ~ $0.50 $24000.00 9000.00 3000.00 6000.00 Total Basic Bid Hus Alternate One $139750.00 Total Basic Bid Plus Alternate Two $168750.00 If you have any questions, or require additional information, please contact our office at your convenience. Sincerely Casey Madden, P.E. Wince-Corthell-Bryson To: Mayor and Council Re: Municipal Advisory Group- Stranded Gas Date: 5/27/04 Request your review of the following items: 1. Municipal Advisory Group Resolution 2004-01 is before you in final form as approved by the working group. It is requested that Council give its support to this Resolution by vote of approval. This Resolution forms the philosophical basis for the Municipal Advisory Group and State negotiators in approaching issues of negotiations. Over the next several months as specific negotiating positions are developed you will receive further resolutions on these specific matters. As happened in the present case, . draft resolutions will be circulated for comment. The MAG group Will then attempt to come to a consensus and develop a final resolution that will be brought back to the communities represented, Each community will be free to endorse it or submit its own resolution on the matter if they are not in agreement. 2. Attached is a temative schedule of meetings to be held in Anchorage, as well as one meeting scheduled in Fairbanks. These meeting are set to begin receiving testimony from proposers under the Stranded Gas Act, as well as proposers that do not come under the Stranded Gas Act. In addition to issues of concern under the Act, we will also cominue to address in-state access and pricing, economic impacts as well as revenue streaming. Teleconferences will be scheduled as necessary. Richard Ross City of Kenai MAG Representative Municipal Advisory GroUp l~sol~on 2004-01 Whereas the intern of the Stranded Gas Development Act is to provide a mechanism for achieving the fiscal certainty that potential project sponsors indicate they need before proceeding with the large investment needed to bring Alaska North Slope natural gas to market; Whereas the Stranded Gas Developmem Act allows the state to comract away municipalities' ability to collect property tax under AS43.56, municipal sales and use tax, municipal special assessmems, a comparable tax or levy imposed by the state or a municipality, or other state or municipal taxes or categories of taxes idemified by the commissioner; Whereas the Stranded Gas Developmem Act requires a Municipal Advisory Group be established to provide advice to the State of Alaska Departmem of Revenue; Whereas State of Alaska has received and accepted an application from a qualified sponsor group under the Stranded Gas Development Act, is considering other applications, and is reviewing other proposals for the developmem of Alaska North Slope Gas; Whereas the Stranded Gas Developmem Act offers sponsors of stranded gas projects an opportunity to negotiate fiscal eomraets with the State of Alaska, thereby potemially increasing the certainty for calculating taxes and royalties over the life of the project and thus increasing the competitiveness of the project and reducing fiscal risks; Whereas under the Stranded Gas Development Act, the Commissioner of Revenue may negotiate terms for inclusion in a proposed contract with a qualified sponsor providing for periodic payment in lieu of one or more taxes that otherwise would be imposed by the state or a municipality; Whereas the Stranded Gas Development Act requires a qualified sponsor to provide a detailed description of options to mitigate the increased demand for public services and other negative effects caused by the project; Whereas the Stranded Gas Developmem Act requires applicams to provide a description of the methods and terms under which the applicam is prepared to make gas available to meet the reasonably foreseeable demand in the state for gas within the economic proximity of the project during the term of the proposed contract; Whereas the State of Alaska has established a Municipal Advisory Group consisting of representatives of revenue-affected municipalities, economically-affected municipalities, and the unorganized borough; Whereas the purpose of the Municipal Advisory Group is to make recommendations to the State on an acceptable revenue stream and structure to local governments in lieu of taxes and for the commissioner to report periodically on the~development of the comract provisions that affect the municipalities; Whereas the Stranded Gas Developmem Act implies a paymem in lieu of traditional municipal taxes may be needed to make a gasline project viable; Information Insights, Inc. I~d~ init, in=al &,t~tiatnrv ('4rm~ in i~=~tal~ ~finn 9tlClzL.'l Whereas another purpose of the Municipal Advisory Group is to assist the State of Alaska in determining the social and economic impacts on municipalities of the construction and post- construction of an Alaska gasline project, and the attendant costs of those impacts to municipalities; Whereas a fixed line-wide payment in lieu of taxes may not allow for changing conditions within a municipality or the state, such as those changes created by new voter approved bonds, increased mill rates, and formation of new local governments; Whereas it is incumbem upon municipal officials to communicate clearly to residents about public revenues; Whereas the Municipal Advisory Group desires the Alaska gasline project to maximize training and hiring of workers and comractors from within the state, leading to enhanced workforce and economic development; Therefore be it resolved by the Municipal Advisory group that: 1) No reduction or deferral in municipal taxes is acceptable without appropriate justification fi'om the State of Alaska and the project sponsor; 2) The State of Alaska should weigh the cost benefit of a tax exemption with the difficulty of administering an exemption from specific taxes; 3) The State of Alaska should devise a paymem in lieu of taxes structure that provides certaimy for municipalities at least through the end of the stated contract period; 4) The State of Alaska should ensure the payment in lieu of taxes structure recognizes the loss to present and future forms of local government of the opportunity to respond to changing conditions through changjngtax rates; 5) The State of Alaska should provide incentives to the successful applicant under the Stranded Gas Development Act to ensure the training and hiring.of Alaskans for the construction, operations and maintenance of the gasline; 6) The State of Alaska should require that the successful applicam will include take-off points at strategic locations along the pipeline to make gas available to meet the reasonably foreseeable demand for in-state natural gas use; 7) The State of Alaska should ensure there will be a fair tariff to the points of in-state takeoff of gas; 8) The State of Alaska should ensure that affected municipalities' combined share of the economic rem of the approved project should correlate with the revenue stream of the project by negotiating that the present value of the aggregate amount of payment in lieu of taxes is not less than the amoum that would have been collected under. AS 43.56, AS29.45 and 29.46. Information Insights, Inc. Ullnir"Jnnl Artvi.qnrv ~rnlln ~t~..~nllltinn 9rln4-1 Page 2 Hotmail® rossrck,@hotmaii.com Printed: W'edneSdayl Hay 26, 2.'.284'?:'$8 PM From: Sherry Modrow <smodrow@infoinsights.com> S~nt: Wednesday, May 26, 2004 5:45 PM To: < municipalreps@magalaska.com > CC: "magm. am" <magt=am@infoinsights.com> Subject: Schedule of MAG meetings As agreed at the meeting of the Municipal Advisory Group on Friday May 21, we will meet on the following dates, from 10 AM to 4 PM: June 11 - Anchorage, Atwood Building 2nd Floor Conference Room June 24 - Fairbanks, Fairbanks North Star Borough Building (809 Pioneer Road) July 9 - Anchorage, Atwood Building 2nd Floor Conference Room July 22 - Anchorage, Atwood Building 2nd Floor Conference Room August 27 - Anchorage, Atwood Building 2nd Floor Conference Room In addition: teleconference meeting tentatively set for August 6 from 10 AM to Noon. We will schedule presentations at the next three meetings with representatives from: Regulatory Commission of Alaska Producers Port Authority Enbridge ANGDA Trans-Canada Agenda for June 11 will follow once pmsentalions have been firmed up. Sheny Modrow Information Insights, Suite 100 212 Front Street Fairbanks, Alaska 99701 9O7 450-2455 http ://by 7fd.b ay 7. hotmail.m sn. com/cgi-bin/getm sg? curmb ox=F 177900202&a=65ec38 c62cf8... 5/26/04 Steve Shearer Memorial Committee 51402 Josie Street Kenai, Alaska 99611 (907)776-8426, fax (907)776-8462 May 26, 2004 Kenai City Council Kenai City Council Chambers Kenai, Alaska 99611 Re: Steve Shearer Memorial Dear Council Members, The construction of the sign is progressing as planned. It should actually be completed within two weeks and we will soon be on sight to begin the garden and frame structure. I have especially enjoyed working with Bob Frates who has always been accessible and easy to work with. On Friday, July 9th at 5:30pm we have scheduled a dedication ceremony which we invite you all to attend. It would also please us to have Mayor Williams say a few words. Following the ceremony, at 6:00pm a commemorative softball game will be played and at 8:00pm, a BBQ. I will inform you of the ceremony agenda at a later date. We hope to see you there. Thank you again. Sincerely, cc' Parks & Recreation Commission LISA MURKOWSKI ALASKA MAJORITY DEPUTY WHIP COMMITTEES: '~GY AND NATURAL RESOURCES ,,;HAIRMAN, SUBCOMMITTEE ON WATER AND POWER ENVIRONMENT AND PUBLIC WORKS VETERANS' AFFAIRS INDIAN AFFAIRS WASHINGTON, DC 20510-0203 (202) 224-6665 (202) 224-5301 FAX May 4, 2004 ANCH, 10 FAIR P.O. Box 21647 JUNEAU, AK 99802-1647 (907) 586-7400 30 TRADING BAY ROAD, SUITE 350 KENAI, AK 99611-7716 (907) 283-5808 540 WATER STREET, SUITE 101 KETCHIKAN, AK 99901-6378 (907) 225-6880 851 EAST WESTPOINT DRIVE, SUITE 307 WASILLA, AK 99654-7142 (907) 376-7665 The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Avenue ~~, h.'3; 4) _'~7--,~ / / Kenai, Alaska 99611. ~~....~....].. / Dear Mayor ' lams: T hnk you for contacting me to request federal funding for an engineering study for a bank stabilization need on the Kenai River. As you know, your request would also need authorization in the Water Resources Development Act. I understand the importance of these requests to you and the residents of Kenai. I am in the process of preparing my Fiscal Year 2005 funding priorities as well as my project authorization requests for the Water Resource Development Act. These requests will be forwarded to the Appropriations Committee and the Environment and Public Works Committee. I will be working to ensure that federal funding and U.S. Corp of Engineers project authorizations for Alaska is sufficient to address the needs of Alaskans. Again, thank you for contacting me. Sincerely, ski United States Senator HOME PAGE AND WEB MAIL MURKOWSKI.SENATE.GOV KENAI, ALASKA "Vi//aye wi h a l:'aa , Ei y wi h. a 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 1992 MEMORANDUM To: Mayor Williams and City Council~ From: Linda L. Snow, City Manager ~-'~ Date' May 27, 2004 RE' Work Session Topics In preparation for the joint work session scheduled for June 15th, the Executive Director of the Kenai Convention and Visitor Center (KCVB) and I are requesting a topical list of subjects that might be raised for discussion. Please review the following and let me know if you have suggestions for change: · Financing, fimding, grants, other revenue sources, etc. · Physical Plant Assessment, structural renovations, expansion, etc. If there are no suggestions for change, I will forward the above topics to Executive Director Michelle Glass. As soon as I receive the topics identified by the KCVB, I will work with Ms. Glass and City Clerk Carol Freas to provide you with the information in advance of the meeting. In addition, if there is other information you would like distributed prior to the meeting, please let me know. nal Municipal Airport II M°nth!y Rep°rtII Airport Extra Report: There is so much happening at the airpo~! The amount of interest in airport land, hangar space and development is almost overwhelming. We are scrambling to keep up, and this extra report is issued to keep everyone apprised of developments. Bellair Inc/Mike Spisak: Everything is progressing nicely. Mr. Spisak accepted our invitation to bring his Metro Liner to display at the Air Fair. He said there was a lot of interest and many local people toured the aircraft. Jack LaShot and I met with Phil Bryson to develop a plan to start work on lots 5 & 6. The surveyor started work on Wednesday under a purchase order issued for under $2500. Larry Semmens and the Finance department have helped identify funds and draft a resolution for Council to transfer funds to complete the engineering, cost estimate and bid documents for the work Council requested on lots 5 & 6. The resolution and purchase order are in the packet. On Tuesday I met with personnel from the TSA Anchorage office and Mr. Spisak to work out interim and long-term plans for his passenger operation in the Terminal. The counter will open May 29 and flightsare scheduled to begin June 1 at 0700. There are many details to cover but Mr. Spisak seems happy with the arrangemems we .have been able to make to meet his timeline. A long-term lease for Terminal space will come to Council as soon as we work out some of the security issues. There will also be some minor remodeling in the Terminal; the cost will fit in our current budget. Everts Air Fuel: Cliff Evert of Evert's Air Fuel has sent a lease application to the City for property on the ramp north of the Operations Facility and Forestry. Evert's has been flying out of Kenai for over 15 years and is ready to make a long-term commitment to our airport. Mr. Evert plans to attend the June 2 Council meeting to discuss his development plans and explore options with the Council. Universal Airlines, Inc. Universal Airlines out of Victoria, Texas operates primarily DC-6's in the cargo configuration. We met on Tuesday to work out plans for their fish haul operation this summer and to discuss possible lease and hangar space for a year round operation based out of Kenai. Other Possibilities' I have also had several discussions with other potential tenants and developers on a variety of ideas. The change in the tax structure has sparked interest and I believe we are in for a hectic summer in the leasing department. CITY OF KEN.-/ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 19~2 MEMORANDUM TO: FROM:/~fl'~ DATE: RE' Mayor John Williams and City Council Members Cary R. Graves, City Attomey May 27, 2004 City of Bethel Helmet Ordinance I thought you might be interested in reading the attached copy of the ordinance recently passed by the City of Bethel concerning helmets. It requires minors (under 18) wear certified protective helmets while tiding bicycles, skateboards or rollerblades. The ordinance further sets a fine schedule for violation of the ordinance. CRG/sp Attachment CITY OF BETHEL, ALASKA ORDINANCE//04-02 AN ORDNANCE ADDING BETHEL MUNICIPAL CODE CHAPTER 8.15 ENTITLED VEHICLE HELMETS, THAT REQUIRES MINORS UNDER EIGHTEEN YEARS OLD TO 'WEAR A PROPERLY FITTED AND FAST~'ED CERTIFIED PROTECTIVE HELMETS WHILE RIDING BICYCLES AND OTHER SIMII.AR VE~CLES ON PUBLIC ACCESS AREAS, AND IMPOSES A FINE FOR VIOLATION OF THESE REQUIREMENTS WHEREAS thc City of Bethel Public Safety Conunission has reviewed information about studies that have shown that youth wearing certificd prot,ctive helmets that are properly sized and properly worn, have prevented or limited serious head injuries while bicycling, skating, skamboarding, and riding similar vehicles, and therefore recommends enacting this ordinance; WHEREAS certified protective helmets have been provided free to City of Bethcl youths by various public service groups; 'WHEREAS thc use of certified protective helmets by youths gradually begins to taper off at~r the initial distribution of the helmets; WHEREAS a/'me for failure by minors to properly fasten a certified protective helmet of appropriate fit is nccdcd to foster greater and continued use of certified protective helmets; and WHEREAS the fine an be forgiven upon acquisition of a properly fitted certified protective helmet, or for t~st time violators who are not properly wearing a cch/fled protective helmet, that will serve as an incentive to get youths and their parents to comply with the helmet rcquircmcms set out in this ordinance. BE IT ORDAINED by ~c City Council of Bethel, Alaska, that: Section 1. Classification: This ordinance is permancn~ in nature and shall bc incorporated into the Bethel Municipal Code ("Code"). Section 2. Content. Title 8 of thc Code (Health and Safety) is hereby amended by adding a City of Bethel Ord~ancc #04-02 Page 1 of 3 new chapter 15 to read as follows: ~8 39~d Xt/_-I NING~ lLll~£1~fLS6 q1:8I Chaorer 8.15 8.15.10 8.15.11 VERSICLE HELMETS R.¢quirement ~hat minors wear certified protective helmets. Fine schedule. Section $. Content. Thc following sections of chapter 15 of'the Code (Public S.,ffety) are hereby added to read as follows: 8.15.10 R~quirement, that minors wear certified protective helmets. Ae I~ shall be unlawful for any person under eighteen (18) years of age to operate or ride upon in-line or roller skates, skateboards, scooters, coasters~ toy motorized vchiclcs, bicycles, tricycles, unicycles, or any similar vehicles on any public property or private property that is open for public use with in the City, including highways, streets, roads, bike-ways or trails, or fight-of-ways, unless that person wears a cer~fied protective helmet that is properly fitted and that is properly fastened. This rcquimrnen~ also applies to any minor who rides in a restraining scat, trailer, backpack, or similar child restraining device, used by someone operating in-line or roller skates, ska£eboard~, scooters, coasters, toy mozor vehicles, bicycles, tricycles, unicycles, or any similar vehicles. Bo A certified protective helmet is a helmet containing a manufac~er certification that it meets thc standards of thc American National Start -dards Institute, American Society for Testing and Materials (ASTM), or the United States Consumer ProdUct Safety Commission (CPSC). 8.15.20 Fines schedule-- A non-cm~mcipated minor under 18 years of age shall be liable for paying a fine of $25.00 who violates Section 8.15.010 by either not wearing a properly fitted certified protective helmet, or by not properly fastening the certified protective helmet. Any emancipated minor 'under 18 years of age shall be liable for paying a fro= of $25.00 who violated Section 8.15.010 by either not wcmSng a properly fitted certified protective helmet, or by not properly fastening the certified protective helmet. C. The fmc shall not be more than $25.00 if the minor fails to wear a properly fitted certified protective helmet, fails to properly fasten the certified protective helmet, or both. City of Bethel Do Page 2 of 3 The fine shall be suspended for a violator issued a citation for failure to wear a properly fitted certified protective helmet in violation of Section 8.15.010, who /CCI subs~quen[ ~o beh~g issued a first citation and before th~ date th~ fine is due, provides proof to the Bethel Police Department of purchase or acquisition of a certified protective helme~ that is properly fitted for the violator. E, The fmc shall be suspended for a first time violator issued a citation ['or i'ailur~ to properly f~sten a ccrtificd pro:ccfive helrnct, in violation of Sccfion 8.15.010. The fine shall not be suspended for a violator 'who is issued a second or my subsequent citation for failure ~o wear a properly fitted certified protective helme~, or for failure to properly fasten a certified protective helmet, in violation ot' Section 8.15.010. G. The fines provided for in this section shall not be enforced until forty-five (45) days after the effective date of the ordinauce enacting this chapter. Section 4. Effective Date. This Ordinance shall take effect immediately upon approval by th~ City Council; with the exception of the imposition of auy frae as set out in Section 8.1 f.020, which will not be imposed until forty.five (45) days 'after the effective date of this ordinance, as provided ia Subsection $. 15.020(F). 2003 by a vote of _ in favor EN'ACTED THIS DAY OF - and ~--- opposed. ' .... ATTEST: Hugh Short, Mayor Amanda Roudcbush, City Clerk City of Bethel X~Y~ NIW(I~ State of Alaska Department of Public Safety ~-~"~ May 11, 2004 Jimmie Charles Singree, President Eaglechief, inc. d/b/a Katmai Motel Restaurant & Lounge 10800 Kenai Spur Hwy. Kenai, Alaska 99611 Frank H. Murkowski, Governor William Tandeske, Commissioner RE: Dismissal of ABC Board Administrative Case #03-07 Due to Failure to Renew Beverage Dispensary- Tourism License # 02/03~2801 Dear Mr. Singree: You failed to renew the beverage dispensary---tourism license #02/03~2801 for the Katmai Motel Restaurant & Lounge by the statutory deadline of February 28, 2004. Therefore, this license has expired and no longer exists. The Alcoholic Beverage Control Board was involved in a formal hearing to revoke your license based on protests from Kenai Peninsula Borough and the City of Kenai for failure to pay taxes due and owing. After providing you a reasonable period of time to pay delinquent taxes to the protesting local governments, the ABC Board requested that a hearing officer be appointed for purposes of revocation of your liquor license based on the local governing body protest. Your failure to renew your license makes further proceedings unnecessary. Therefore, ABC Board Administrative Case #03-07 is hereby dismissed. The fact that a hearing officer had been appointed and proceedings to revoke your license based on a valid local government protest were under way may be a valid factor in protesting future applications for a liquor license. If you have any questions, please do not hesitate to contact me. S~ncemly, "Douglas B. GriffinC/ Director Cc: L.G. Berry, Hearing Officer, Robertson Monagle & Eastaugh Linda S. Murphy, Borough Clerk, Kenai Peninsula Borough 'Carol L Freas, City Clerk, City of Kenai Anne Carpeneti, Asst. Attorney General, Department of Law Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 2, 2004 o 4/04 Kenai Municipal Airport Monthly Enplanement Activity Report. e 6 / 1 / 04 KPB Assembly Meeting Agenda. 2004 Gaming Permit Application -- Disabled American Veterans Chapter 5. e 5/20/04 Kenai River Special Management Area meeting agenda and minutes of April 15, 2004 meeting. e 5 / 24/04 Public Works Department, Project Status Report. 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 IE32000 12001 '~2002 ~003 112004 MONTHLY PASSENGER ENPLANEMENT ACTIVITY Jan 7,859 Feb 7,815 Mar 7,657 Apr May Jun Jul Aug Sept Oct Nov Dec 6,409 7,531 9,086 12,736 11,049 8,994 8,464 7,612 7,968 8,300 7,137 8,216 7,058 8,143 9,044 12,093 10,807 6,334 7,582 7,345 7,494 7,829 7,046 7,371 6,902 6,880 6,740 9,979 8,644 6,664 6,309 6,023 6,249 6,454 5,602 5,280 5,375 5,848 5,988 9,445 7,674 6,435 6,120 5,820 6,688 6,326 5,922 5,993 5,618 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 6,718 -796 Mar 5,993 5,280 713 6,903 -910 Apr 5'618 5,375 243 6,272 -654 May 5,848 0 Jun 5,988 0 Jul 9,445 0 Aug 7,674 0 Sep 6,435 0 Oct 6,120 0 Nov 5,820 0 Dec 6;688 0 ~als 23,859 76,729 1,148 -3,388 ne/ Municipal Airport Kenai Peninsula Borough ...ae 1, 2004 - 7:00 p.m. Assemb 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 - Kalifornsky Term Expires 2006 Paul Fischer Assembly Member Seat 7- Central Term Expires 2004 Betty Glick · .mbly Member 2- Kenai ~ 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® Bo Co De go Fo Ge Ho lo Jo Ko L® 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. May 18, 2004 Regular Assembly Meeting Minutes ........... 1 May 18, 2004 Board of Equalization Meeting Minutes ........ 13 COMMENDING RESOLUTIONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS MAYOR'S REPORT ....................................... 15 le Agreement and Contracts Spruce Bark Beetle Mitigation Program' Approval of contract with Alaska Map Company for GIS and Data Base Training and Support for Spruce Bark Beetle Mitigation Program ............. 16 Approval of contract with Beaver Wood Chipping for Tusmmena Lake ROW Project .............. 18 June 1, 2004 Page 1 of 5 Me Ne O® P® b. Approval of Waste Disposal Agreements between KPB and Holland America, Radisson, and Celebrity Cruise Lines for offioading solid waste to the Homer and Seward Baling Facilities ......................... 21 Co Approval of bid award to Smith Well Drilling, Inc. for Water Well Drilling at Ninilchik School 2004 . .. ................................... 27 ITEMS NOT COMPLETED FROM PRIOR AGENDA- None PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) le Ordinance 2004-10: Establishing the Nikiski Law Enforcemem Service Area (Superman) (Final Hearing) (Referred to Policies and Procedures Committee) ................................................................ 29 o Ordinance 2004-13' Amending KPB 5.18.430, Sales Tax Computation- Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (Final Hearing) (Referred to Policies and Procedures Committee) ................ 44 ge Ordinance 2004-14' Amending KPB 21.18.080 to Increase Authorized Conditional Use Permit Terms from Two Years to a Maximum of Six Years (Mayor) (Referred to Lands committee) ............................... 49 o o Ordinance 2004-16' Revising Right-of-Way Permit Review and Appeal Procedures (Martin) (Referred to Lands Committee) ..................... 57 OrdinanCe 2004-19: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (Final Hearing) (Referred to Finance Committee) ............. · .... 61 UNFINISHED BUSINESS NEW BUSINESS 1. Bid Awards *a. *b. Resolution 2004-052...:. Authorizing Award of a Contract for Susan B. English School (Seldovia) Natatorium Wall Resurfacing and Sound Treatment (Mayor) (Referred to Finance Committee) ............... 66 / Resolution 2004-053' Authorizing Award of Contract for Beluga Landfill Operations and Maintenance (Mayor) (Referred to Finance Committee) .......................... ~ ..................... 69 June 1, 2004 Page 2 of 5 June 1, 2004 e 3. Resolutions *a. Resolution 2004-054' Authorizing the Acceptance of Late Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee) ........... 71 *b. Resolution 2004-055: Setting the Rate of Levy for Real and Personal Property Taxes for the Kenai Peninsula Borough and for Service Areas With/n the Borough for the Tax Year 2004 (Mayor) (Referred to Finance Committee) ....................................... 94 Resolution 2004-056: Transferring Funds Between Divisions to Cover Health Insurance Costs in Excess of Budgeted Amounts (Mayor) (Referred to Finance Committee) ....................... 98 Ordinances *a. *b. Ordinance 2003-19-51' Accepting and Appropriating $7,100 from the Alaska Division of Homeland Security and Emergency Management for the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Shortened Hearing on 06/15/04) (Referred to Finance Committee) ........................................ ~100 Ordinance 2003-19-52: Appropriating Supplemental Funding in the Amount of $87,500 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Shortened Hearing on 06/15/04) (Referred to Finance Committee) ............................. 104 Ordinance 2003-19-53' Accepting and Appropriating a Grant from the Alaska Homeland Security and Emergency Management Division in the Amount of $724,924 for Purchase of Communications Equipment (Mayor) (Hearing on 07/06/04) (Referred to Finance Committee) : ........... · .................................. 106 *d. Ordinance 2003-19-54' Appropriating Supplemental Funding to Cover Health Insurance Costs in Excess of Budgeted Amounts (Mayor) (Shortened Hearing on 06/15/04) (Referred to Finance Committee) .............................................. 113 *e. Ordinance 2004-18' Authorizing the Lease of Government Lot 1, ASLS No. 2002-046, According to Plat No. 2003-6 Seward Recording District at Other Than Fair Market Value to the Hope/Sunrise Volunteer Fire Department (Mayor) (Hearing on 07/06/04) (Referred to Lands Committee) ....................... 116 Page 3 of 5 Qo Re Se T® ge *f. Other Ordinance 2004-20' Extending the Deadline in Ordinance 2001-16 Regarding Certain Grazing Leases (Mayor) (Hearing on 07/06/04) (Referred to Lands Committee) ............................... 142 *a. Petition to vacate Sunbonnet Drive and associated public utility easements, dedicated by Strawberry Ridge Unit 1 (Plat HM 77-6); within Section 1, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-08 (Referred to Lands Committee) ........................ 145 [Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled May 10, 2004 meeting.] *b. Petition to vacate a portion of Lewis Street (name changed to Idaho Street by Resolution No. 2003-13) and associated utility easements as dedicated by Brown's.Acres Subdivision No Two (Plat KN-85-49) and vacate Scenic Street and any associated utility easements as dedicated by Scenic Haven Subdivision Part One (Plat KN 83-258); within Section 25, Township 5 North, Range 10 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-093 (Referred to Lands Committee) ....................... 161 [Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled April 26, 2004 meeting. J PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS June 08, 2004 June 15, 2004 09:00 AM Board of Equalization Hearings Soldoma 07:00 PM Regular Assembly Meeting Soldotna ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a'later date as noted.) Ordinance 2003-19-50: Accepting and Appropriating a Grant from the U. S. Department of Interior, Bureau of Land Management, in the Amount of $10,000 for Research and Mapping of Section Line Easements (Mayor) (Hearing on 06/15/04) (Referred tO Finance Committee) June 1, 2004 Page 4 of 5 o Ordinance 2004-12 (Mayor's Substitute)' Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Hearing on 06/15/04) (Referred to Policies and Procedure Committee) go Ordinance 2004-15' Authorizing Retemion or Sale of Certain Real Proper~ Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee) Ordinance 2004-17: Amending KPB Chapter 5.18 to Exempt from the Sales Tax Oil Spill Related Services Provided by Certain Types of Nonprofit Organizations (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee) 5~ 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) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee) o e Resolution 2004-051' Supporting the Designation of the Sterling Highway as a State Scenic Byway Between Skilak Road and Anchor Point by the Alaska Department of Transportation and Public Facilities (Martin) (Hearing on 07/06/04) (Referred to Lands Committee) 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) 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 jUne 15, 2004, at 7'00 P.M. in the Borough Assembly Chambers, Soldoma, 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 Roomjustprior 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 www. borough, kenai, ak. us for copies of the agenda, meeting summaries, ordinances and resolutions. June 1, 2004 Page 5 of 5 Department of Revenue Tax Division PO Box 110420 Juneau, AK 99811-0420 Telephone 907.465.2320 ORGANIZATION INFORMATION Federal EIN 20-0899785 Organization Name Disabled American Veterans Chapter 5 Mailing Address P.O. Box 1879 Kenai JAlaska TYPE OF ORGANIZATION (check one box. For definition see AS 05.15.690) Charitable Civic or Sewice Dog Mushers Educational State of Alaska 2004 Gaming Permit Application AS 05.~5.020 This form is also available on the Intemet at www.tax, state.alcus/programs/gaming/ IZip Code 99611-1879 · I AY26 Permit Number Non Profit Trade Association Outboard Motor Association Police or Fire Department Political Telephone Number Fishing Derby Fraternal Labor Municipality Fax Number 9071260-7642 E-mail Address chiefeaux~gci.net Religious Veterans IRA/Native Village Altemate Member First Name William Social Security Number 563-36-2039 Mailing Address P.O. Box 8258 City ' State Nikiski Alaska Has the alternate member taken and passed the test? X Yes Permit number under which the test was taken. 1550 IAltemate Member Last Name Bartlett IDaytime Telephone Number 907/776-7080 r"! No ORGANIZED AS i, I--I Corporation I-I P artnemhip X Associa_tion PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the organization. Members may not be licensed as an operator, vendor, or employee of a vendor. Primery Member First Name IPrimary Member Last Name David lCnweil Social Security Number IDay~m~ Telephone Number 248.86.8640 !oo7/26o.764o Mailing Address P.O. Box 587 Social Security Number IState I Daytime Telephone Number Zip Code is . Code Sterling IAlaska i j672 Has the prirnary member taken and passed the test? I-I yes I-I No Permit number under which the test was taken, test is attached MANAGER OF GAMES -As defined in 15 AAC 160.995 and 15 AAC 160.365 IM'anager Name Miiling Address THESE QUESTIONS MUST BE ANSWERED. (see instructions) ,c~y r'] Yes X No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or. a vblation of a taw or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? I"1 Yes X No Does any member of management or any parson who is responsible for gaming activities have a prohibited financial interest as defined by 15 AAC 160.954 - 959. We declare under penalty of unswom falsification, that we have examined this application, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this application or any attachments is punishable by law. Apr# 2, 2004 Daytime Telephone · I~~,,V'~ President$ign.~re (see instm~io~----~ Mailing Address of President or Vice President P.O. Box 1879 Kenai, Alaska 99611 Pdnted Name David Caswell Printed Name William Bartlett IXl $0 - $20,000 = $20.00 Form 04-826 (Rev 09/03) I O $20,001 - $100,000 = $50.00 0 $100,001 or More $100.00 ; ' · · I m mmm II II mm m Il mm lB II mmm m m Imm II II Page I See instructions for mandatory attachments A copy of this application mu~ be sent to al applicable munici~lities and boroughs 2004 Gaming Permit Application IOrganizationName ~ Disabled American Veterans Chapter, 5 Game Type: check each game type, (use for completing information below.) ~Bingo ~Deep Freez~e C~assic Raffles Dog Musher's Contest Puli-Tabs Dog Mushers Sweepstakes Contest of Skill ,Fish Derbies Canned -?,almon Cla$_~ic ACTIVlTES CONDUCTED BY ORGANIZATION Facility Name Physical Address American Legion Post 20 902 Cook Street Kenai, AK 99611 IFederal EIN 20-0899785 Goose Classics Ice Classics King Salmon Classics Mercury Classics IPermit Number ERace Classics l.~Rain Classics i..~Salmon classics Ljsnow Machine Classics ~ ISpeciai Draw Raffle Game Type(s) Raffles O Leased X Donat~ O Owned ri Leased E! Donated ri Leased O Donat~ El L.eas~ O Donat. I"l Leased D Donated El Leas,~ ri Donated Is Facility ACTIVITIES CONDUCTED BY VENDOR (pull-tabs am the only games a vendor can conduct) Vendor registration and fee must be attached. Name of Vendor Physical Address Vendor Number ACTIVITIES CONDUCTED BY OPERATOR Name d~ Operato~ Physical Address ' Game Type(s) Operator's License ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE IName ~ MBP Physical Address Game Type(s) MBP Number DEDICATION OF NET PROCL~DS. The organization must plan to use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriolic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization intends to ,_--'_~ the net proceods from t:laming activities. (Be specific) Net proceeds will I~ dedicated to charitable needs and activities of U.S. Military Veterans, their spouts and dependent children. , , Form 04'826 (Rev 09/03) Page 2 KENAI RIVER Special Management Area "Working together_for the river" ....... , AI ¥1] ©I Y I® CALL TO ORDER *** Meeting Agenda*** Thursday, May 20, 2004 7:00 p.m. Kenai River Center II. A. Roll Call B. Approval of 4/15/04 minutes C. Agenda Changes and Approval PUBLIC COMMENT III. IV. NEW BUSINESS A. Kenai River Hydrocarbons - modeling concepts, Kent Patrick-Riley, ADEC B. 2004 Field Season Project Update, Tom Vania~ ADF&G . . · . OLD BUSINESS V® A. SB 190update B. Kenai River Working Group - update on process, Chris Degemes C. Kenai River Center Update, Suzanne Fisler PUBLIC COMMENT Vie ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Ama Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soidotna, AK 99669, Soldotna 262-4441 Alaska Division of Parka and Outdoor Recreation, Del:~tment of Natural Flesoume& in COOl:n~ratlon with the Kenal Peninsula Borough. II. III. Kenai River Special Management Area Advisory Board *** Meeting Minutes*** Thursday, April 15, 2004 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call Present: Robin West, Bill Shuster, Tom Vania, Keith Cornelius, Chris Degernes, Kent Patrick-Riley, Joe Connors, Ted Wellman, Paul Shadura, Jim Golden, David Westerman, Ken Lancaster, Richard Hahn, Jeff King, Rick Woods Absent: Roland Maw, Pete Sprague B. Approval of 3/18/04 minutes Approved as written. C. Agenda Changes and Approval Move old business A. SB 190 to beginning of meeting to accommodate Senator Wagoner's office on teleconference. PUBLIC COMMENT Tom Vania introduced George Pappas, who is the new area Management Biologist for the Sportfish Division in Soldotna. Paul Zimmerman, of Kasilof, expressed interest in the Kenai River working group. He said he was informed last night that the application deadline was closed. Paul said he checked with the newspaper and radio and they said they had not received a public service announcement. Paul also said some people were contacted to apply for the seats on the working group, He was disappointed in the process. NEW BUSINESS A. SB 190 - Mary Jackson & Amy Seitz, aides for Senator Tom Wagoner, participated via teleconference Mary summarized the history of SB 190. Sen. Wagoner's office was asked this year to look at the makeup of the Kenai River Advisory Board and revised the bill to include language giving agency members an ex-officio status. The original legislation cut them from the board totally. The bill has gone through the Senate process and is in the House currently. Sen. Wagoner's office was surprised that Rep. Kelly Wolf has stalled the bill in the sub-committee as Rep. Wolf has expressed his concern about changing the membership of the board. Further, Sen. Wagoner was surprised that Rep. Wolf has considered amending' the bill to add language regarding a prohibition of derbies on the Kenai River. After some board discussion regarding what position to take, a motion was made to recommend that SB 190 be passed. Ted requested that the motion be amended to reflect that the version the board supports if version i, the one that allows agency members to serve as ex-officio members, and not the version that was handed out at the meeting this evening. Ken Lancaster asked the board if they approve SB 190, version i. Dick II. asked if anyone knew what Rep. Wolf's concerns were in having agency ex- officio members on the board? Ken replied that Rep. Wolf has considered taking out Section 4 that addresses ex-officio members and inserting new language that would restrict derbies on the Kenai River. The idea would mirror the recommended language in the Kenai River Comprehensive Management Plan regarding derbies, with some additional stipulations: All Derby style events on the Kenai River should be limited to those which do not occur at the peak of a particular fishery and are not designed to attract large numbers of additional fishers to the fiver, which do not occur during periOds of projected low fish stocks that have been identified by the ADF&G for protection, and which are conducted by a 501 (c)(3) non-profit group that returns all of the funds generated to the Kenai River for conservation or education purposes, minus a reasonable deduction for event overhead and administrative costs. Definitions: "Fish derby" means a contest in which prizes are awarded for catching fish. "Prizes" would be defined as any item of value. "Education purposes" excludes the attempt to influence legislation or referendums and regulatory bodies. Jim G. said he takes issue with this possible amendment from Wolf regarding the Kenai River Classic. He said the original bill's purpose was very specific and it is well known that Wolf has an issue with a specific non-profit organization that runs a very successful invitation-only fishing event. This is not appropriate for this bill. Joe C. said he is in favor of bill as written without any derby changes included, and that is the extent of his support at this point. Paul S. said he spoke against this bill several times but not as a board member. He said the original bill that Lancaster submitted last session had nothing to do with limiting the voting of board members. He likes to sit on a board with Federal and State agencies and thinks they need to be able to vote also and he does not agree with this bill on that topic. Ted W. said during the hearing process that he testified in favor of the bill with the exception of making the agency people non-voting members. He can't support the amendments about derbies. He is concerned with the wording regarding being an employee of the state and representing a community on the board. He can't support the amendments targeted towards derbies, but if the board wants to take up the discussion separately he will participate in it. Mary J. said that it is their understanding that State employees will not be prohibited from being on the board, that the Commissioner has the authority to place a State employee on the board, just that they will be appointed as ex-officio members. .. Dave W. voiced his concerns about the agency members in the public represented seats possibly being left off the board. "· Paul S. expressed his concerns 'about the landS left off the bill that include over 7000 acres of lands in the'upper Kenai River Watershed. This bill only includes 500 plus acres .. ~ in the lower river. · :' Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 2 of 6 Ken L. thought that some of the Cooper Lake/Kenai Lake lands should be removed due to the hydroelectric project. He had no explanation about why the other lands were dropped as well.._ .. . Dick H. asked what is wrong with having a sponsor add the other lands that were removed years ago. Mary said they were removed for a reason. Joe C. moves to vote on the current version of SB !90. Seconded by Ted. W. Vote: 10 for 3 opposed This vote was passed on to Mary Jackson for Senator Wagoner. B. Commercial Operator Committee Report, Joe Connors One of the issues the committee has been addressing is the controversy surrounding commercial vehicle registrations. DMV Director Duane Bannock attended the afternoon session as well as this evening's session to address concerns regarding the commercial vehicle registrations for the guides and commercial operators. Duane stated that a vehicle must be registered as a commercial vehicle if it falls under any of the following conditions: · Vehicle of 10,000 lbs or more unladen weight · Vehicle registered in the Business name · Is the vehicle being used commercially?? Commercial trailer registration requires a one-time fee and provides permanent registration for as long as that trailer does notchange owners... Unfortunately personalized plates and veteran plates are statutoril~t excluded from commercial registration vehicles. Duane stated that he understands that this is a significant issue and that he is doing all he can do to correct this oversight in the law by trying to attach some language to a bill. C. Kenai River Guide Academy, Gary Turner, KPc Suzanne gave a brief history from the KR Comp. Management Plan regarding a guide- training and testing component. She has been meeting with staff from the college and interested guides in developing a draft proposal. It is hoped that this can be in place for next spring. Gary Turner, Director of the Kenai Peninsula College provided a PowerPoint presentation that outlined the ideas in this proposal. The purpose of this program is to educate and train Kenai River guides and rental boat owners on the following topics: Regulatory Safety Guide Ethics and Etiquette Habitat Conservation History and Culture . . ls.t year 2005 - all new guides and Commercial.rental boat owners/renters would need to attend. Classes would be held in March, Aprii&nd May with 20 students each. In 2006 - all guides with less than 5 years experience (effective date. 12-31-04) would need to attend. In 2007 - all guides with less than 10 years or less training (effective date 12-31-04) would need to attend. Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 3 of 6 From 2008 to 2010- all guides with 10 or more years (effective date 12-31-04) would need to attend. Starting in 2005, other requirements would include that any guide found guilty and convicted of a fishing/boating violation will have to attend a class and pass within 1 year of the conviction in order to get his/her 2006 Kenai River Guide Permit. This is an intensive Monday thru Friday 4 I-hour instruction course. This course will include subjects such as guide ethics, history, wildlife, boat anchoring, river hydrology and biology, understanding Board of Fish and advisory boards. Students will be tested and graded on a 100 multiple-choice test. If they pass that test they will proceed to an oral exam. If they pass both tests then they will be certified. If a student fails the written test portion they can retake it up to 3 more times and if they fail the oral examination it can be given again immediately. If a student fails all of the above tests and re-tests, they will not receive a certification that year. It is important to give credit for experience so guides with 10 or more years experience will have a choice of the written or oral exam. Attendance will be mandatory for all five days and no one will be allowed to challenge the testing. Dick H. asked if this would have a basis in Law. Suzanne said we currently have the Alaska Administrative Code, which govern Alaska State Park regulations. This AAC code currently gives State Parks authority to require a mandatory orientation or other as needed. It does not specifically state a College course but under the "other as needed" language, but we believe we are covered and will be contacting the AG's office regarding this matter. Otherwise, a new regulation may need to be adopted for this program specifically. The board touched on the difference between the fishing and non-fishing guide requirement of this class and whether it included the whole Kenai River. Gary said they did not include non-fishing guides' in this Proposal but could be broadened to include them and yes, this does include the entire Kenai River. ..... '" Motion by Joe C. to approve the guide certification proposal, and seconded by Dave W. Ted W. commended the people who worked on this and believes it is consistent with the Kenai River Plan. He did take exception with Gary Tumer's proposal to include on industry and agency people on the advisory group that develops the proposal and curriculum. He recommended including unaffiliated public members to this board also. Gary said that when they set up an advisory committee it is for that particular industry so they can hear what the industry is requesting and requiting. The process is not for individual people who do not have the experience or knowledge of that industry. Ted W. said this is an unusual circumstance that needs this amendment because this is based on goals of the comprehensive management plan that was formulated by a public group and not just an industry objective. Suzanne F. does not know how to get around the KPC policy and how they create an advisory committee, but believes there will be a lot of public input as we move through the process. Kent P. said you would need to phase into the Program becaUse there are going to be challenges to work through and regulations probably needed to implement this. , . · Vote: motion passed through unanimous consent. Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 4 of 6 D. Changes to Rental Boat program, Bill Berkhahn and Suzanne Fisler Suzanne gave a brief history on Park's management of the rental boat program. Bill Berkhahn now goes oUt and inspects the gear and completes a checklist for that vessel. CommerCial oPerator committee wanted these boat owners/renters to attend an orientation and have a more stringent part in the Program. Bill B. introduced a new draft pre-departure checklist for all rental boats. The owner/renter is required to go over this with the clients and a copy of this is then kept in the boat. Currently all the businesses have their own checklist and procedures but this new sheet will make sure everyone is doing the same thing from now on. Jim G. asked what happens if the rental boats are not in compliance. Bill said that action can be taken against the boat owner/renter in the form of a citation. Ted asked if there is a requirement to keep owners from renting boats to incompetent people. Bill said we can't restrict this, but we can work with the companies to try and correct this problem. Robin made a motion to approve the draft pre-departure checklist proposed by Bill. Joe seconded. Unanimous consent was requested and the motion passed. E. 2004 Education Outreach Program, Jan Yaeger, Kenai River Center 2004 Kenai River Education Programs, Bill Berkhahn, Alaska State Parks Jan is the Kenai River Center's educational coordinator. She said a current project is the visitor brochure designed to help the visiting fishermen to the area. This project was finished last year and is a continuing project. The Semi-Finals for the Caring for the Kenai program is held at the KRC each year with finals coming up in' the next couple 'weeks. The KRC has also launched a new website.' Besides providing a lot of informatiOn'on'river permits and restoration information, the permit applications are downloadable from the website also. Last month the KRC hosted the Coastal Dynamics Conference which focuses on communities on the western Kenai Peninsula and issues they face related to coastal dynamics, bluff erosion and so on. Currently the KRC is developing a video program related to riverbank protection targeted to waterfront property owners. This will be available next winter. The final project is a Landowners Guide. This will be more inclusive than the general riverbank program. Hopefully a draft will be available this time next year. Bill B. said that he presented an Intro to the Kenai River class on Feb. 9t~ and 16'h. 12 adults attended the class, offered by the Community Schools program. The course covered fishing regulations, boating safety, cold water survival, Kenai River biology and ethics. The annual Coho Carnival will be held on May 4'h. This carnival is sponsored by Fish and Game, and offered to nearly a thousand school children from the Kenai Peninsula. It will be held at Johnson Lake State Recreation Area. On May 8~h the Kenai Peninsula Kids Water Safety Carnival will be held at the old DOT site, with water safety will be the main issue. After completing the course the kids will have the opportunity to buy a good quality life jacket for $10. Rangers are back in the classroom this season offering over 80 classes in boating safety instruction. There is a new Alaska State Parks Kenai River brochure currently available. ""'-'Bill briefly discus~sed River Watch', a new prograTM that will help monitor the river for violations and such by having volunteers on the river to provide information to fishermen, deter violations by their presence and help to maintain this area. · Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 5 of 6 IV. Ve VIo OLD BUSINESS A. Kenai River Working Group - update on process, Chris Degernes The Director's office received several dozen applications for the Working Group. Gary Morrison made his selections for the group. Gary is also working on securing a facilitator for this process. He is trying to get a facilitator so that the first meeting can be held in the next 4-6 weeks. Gary is aware of the concerns within the community that a legal outcome will be critical. He has received assurance from DNR Commissioner Irwin that the Dept. of Law will have someone available to assist us. Funding for the facilitator might come from two sources including State year-end funds in addition to KRSA committing some funding for this process. B. Kenai River Center Update, Suzanne Fisler DNR's Office of Habitat Management and Permitting wrote a letter signed by the Commissioner denying the J hook project proposed by Gary Galbraith in the upper river. It is unknown whether Galbraith will oppose this decision. The Board has requested that they be kept informed regarding the Riverquest subdivision status. Riverquest's preliminary plat has been approved. The owner has asked for a conditional use permit for 30 lots to exempt them from the 50 ft. habitat protection ordinance. Suzanne is recommending that this be denied. Motion made by Paul and seconded by Joe to send letter of support for denial of the Riverquest proposal. Unanimous consent was requested for this motion, and no one opposed it. The Soldotna Urban Bridge permits were written for construction of the bridge. likely that this project will be delayed until 2005. It is PUBLIC COMMENT Herman Fandel, of Kenai, gave his support of the denial for Riverquest. Herman says there are a lot of good guides out there that do a lot of good things for this area and they bring in a lot of money to the local community. He said he hopes the Board and working group will take a look at non-guides on the fiver also. There needs to be some kind of qualifications before these people take a boat on the Kenai River. He supports setting up a limited entry program for the guides. Joe Hanes, Kenai River Guide, is amazed that he has seen no support what so ever for KRSA and the posi0ve improvements they have tnade to this cc:mmumty and there has been no rebuttal to Rep. Wolfs accusations towards their organization in the paper recently. ADJOURNMENT A. Board Comments Jeff K- complimented Bill on the new brochure. KWF is hosting a community forum on hydrocarbons in the Kenai River on April 27th. Jim G. kudos to Joe C. and his committee for all the work they have done. Chris D. - also commended Joe and his committee for working so diligently this winter. B. Date/Agenda of Next Meeting May 20a, 2004 Kenai River Special Management Area Advisory Board Minutes April 15, 2004 Page 6 of 6 Project status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp KK - Keith Kornelis JL- Jack La Shot RS - Robert Springer MK - Marilyn Kebschuil Jet - Jan Taylor A/NC/F/ City Contact Preject Name A JL Airport Security Fencing Status Engineering work progressing. Will set tentative bid dates soon. A JL Airport Security System Awarded project. a MK Airport Supplemental Planning Assessment Four proposals received. Being reviewed. a KK Bridge Access W & S Feasibility Study Received final report evaluating different routes from Wince-CorthelI-Bryson. Report sent to DEC & EDA. A JL/RS City Hall HVAC A MK Comprehensive Plan Documents complete. KPB adopted plan on 5/18/04. A JL Contaminated Soils- Shop Work plan submitted. Received ranking for loan fund - could be funded if City chooses to. Reappropriated $151,314. A JL Daubenspeck EnVironmental Site Assessment Final report has been received. U ST removal report received and submitted to ADEC. A JL Kenai AP ARFF/SRE Facility Closing out. a KK Kenai Boat Launch Improvements Received $350,000 grant. Nelson & Associates are working on the design. The City is working on possible land acquisition for exit road. Monday, May 24, 2004 Page 1 of 3 A/NC/F/ ~,SW A KK City Contact Project Name Kenai Coastal Trail Status The Corps study is scheduled to be completed next month. It will then be reviewed by ail agencies. Hopefully, the City will get additional funds to complete design and answer any questions from the study and agencies including obtaining the Corps Permit. A JL Library Improvements Schematics complete - awaiting further direction. A JL Maintenance Shop Preliminary plans and specifications complete. Grant funds to lapse in '04. Passed resolution to amend grant to do environmental. A KK McCollum & Aliak, Set Net Dr., S. Ames Rd. LID's These LID projects are on a list for consideration by Council at a later date. Projects on hold until changes made or funding found. City Clerk has sent letters requesting information from each property owner about the future of these LID projects. A JL Multi-Purpose Facility Will seek funding as described by Resolution 2004- 09. A JL Runway Extension Environmental Assessment Project on hold until AP Supplemental Planning Assessment complete. , A JL Senior Kitchen Senior Director has submitted Rasmusson grant request. a KK Title 17 Review and W & S Regulations Completed revisions to W & S regulations and sent draft out for everyone to review. Adding a grease prevention regulation. Plan to make changes to KMC and regulations after completing the budget. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. May spread soils on airport. Requested ten times rule for water table. a KK Wastewater Facility Master Plan City received the final report which ADEC has approved. GeoNorth is updating the City's GIS as part of this project. Monday, May 24, 2004 Page 2 of 3 A/NC/F/ City ColltSct A KK Project Name WH 4 Status We have good quality water with a few exceptions. The new arsenic MCL will require treatment at this well and Well Houses No. 1 and 3. Working with DNR on land purchase issues. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles... Project in environmental assessment. Design scheduled FFY08. Construction after FFY09. STIP KK DOT- Kenai River Flats Interpretive Site This is the rest stop and Birch Island Facility near the Warren Ames Bridge. This project has been moved out of the recent STIP time frame. Monday, May 24, 2004 Page 3 of 3 MAKE PACKETS COUN~I. PACKET D]:,STRTBU~ON COUNCIL ~EETIN~ DATE: ~oyor/¢ouncil Attorney ~ ToyIor/$[~rin~ler/Kcbschull Clerk /' City Mana~er ~ Public Works Police Department Finance / Engineer Senior Cente~ ~ Airport / Kim Library ~ Porks & Recreation / Clarion Fire Deportment ~ $chmidt Mellish .A6ENI)A DISTRIBUTION Sewer Treatment Plant Streets Shop bock Buildin~j Maintenance Animal Control Water/Sewer Counter DELIVER Council Pockets to Police Deportment Dispatch desk. The ~r, Clarion, Mellish & $chmidt'$ Office will pick their pocket up in my office. The portion of the agenda published by the Clarion should be emailed as soon os possible after Noon on pocket day. The camera-ready agenda c:/myfile$/document$/minute$/ogendo form for paper)is emoiled to Denise at P¢n/nsu/a ~/ar/o~ (at emoil folder Work Session/Special Meetings, or Composition in Contacts or Ibell~oc$olosko.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) ore usually emoiled to me and I hold them in my HTML file. Place them onto the city's web$ite with Front Page from there os soon os possible before leaving the office for the weekend. AGENDA KENAI CITY COUNCIL- REGULAR MEETING JUNE 2, 2004 ~ 7:00 P.M. ~111~1~~i KENAI CiTY COUNCIL CHAMBERS ~ ........ http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Cliff Evert -- Use of Airport Lands/Request for Assistance ITEM C: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM D: PUBLIC HEARINGS 1. Ordinance No. 2045-2004 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. a. Substitute Ordinance No. 2045-2004-- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. 2. Ordinance No. 2046-2004-- Increasing Estimated Revenues and Appropriations by $125,000 in the Congregate Housing Enterprise Fund to Repaint the Building Exterior. a. Substitute Ordinance No. 2046-2004-- Increasing Estimated Revenues and Appropriations by $148,500 in the Congregate Housing Enterprise Fund to Repair the Building's Exterior. 3. Ordinance No. 2047-2004-- Increasing Estimated Revenues and Appropriations by $5,000 in the Council on Aging - Title III Fund for Food and a Computer. 4. Resolution No. 2004-27 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. 5. Resolution No. 2004-28 -- Awarding the Bid to Hansen Painting Inc. for Vintage Pointe Manor and Senior Center Exterior Stripping and Painting - 2004 for the Total Amount of $165,000. 6. Resolution No. 2004-29 -- Transferring $10,590 in the Airport Land System Special Revenue Fund for Engineering and Design for Airport Land Development. 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. 2048-2004-- Amending KMC 7.10.010 and 7.10.020 by Increasing the Sales Tax Rate from Three Percent (3%) to Four Percent (4 %). 4. *Ordinance No. 2049-2004--Increasing Estimated Revenues and Appropriations by $12,000 for a Federal Grant for Wetlands Protection. 5. Approval-- Lease Application/Mike Spisak, d/b/a Bellair, Inc. -- Lots 5 and 6, Block 1, F.B.O. Subdivision. 6. Discussion -- Streamlining of Commission/Committee Reports 7. Discussion -- Municipal Advisory Group -- Stranded Gas/Resolution No. 2004-01 EXECUTIVE SESSION -- Recreation Center Litigation and City Manager Contract. ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D635/211