HomeMy WebLinkAbout2004-11-03 Council PacketKenai
City Council
Meet ing Packet
November 3,
2004
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
NOVEMBER 3, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / / www. ci. kenai.ak, us
5:00 P.M. -- COUNCIL WORK SESSION! INTERVIEW OF COUNCIL
APPOINTMENT CANDIDATES
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)
o
Proclamation -- Kenai Central High School Football Team.
Robert J. Molloy -- KPB Ordinance No. 2004-36, Amending KPB 5.18.430,
Sales Tax Computation -- Maximum Tax, by Increasing it From $500 to $1,000.
,
Cheri Smith, Executive Director, The LeeShore Center-- Request for
donation.
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS
ITEM E:
REPORTS OF KENAI CONVENTION/k VISITORS BUREAU BOARD
AND KENAI CHAMBER OF COMMERCE
ITEM F:
COUNCIL APPOINTMENT
Xe
Selection of Appointee
Appointee/Oath of Office
ITEM G:
ELECTION OF VICE MAYOR
ITEM H: PUBLIC HEARINGS
,
Ordinance No. 2072-2004 -- Amending KMC 14.20.245 by Adding Section d(4)
to Prohibit Parking of Recreational Vehicles on Private Property That Has No
Principle Permitted Structure Except as Otherwise Allowed Under KMC
14.20.245(e).
,
Ordinance No. 2073-2004 -- Increasing Estimated Revenues and
Appropriations by $151,314.05 for Shop Site Remediation.
o
Resolution No. 2004-57 -- Supporting Resolutions 2004-1 Through 2004-6
Adopted by the Municipal Advisory Group in Their Advisory Role to the State of
Alaska Under the Stranded Gas Act.
o
Resolution No. 2004-58 -- Awarding the Bid to Dicor Industries, Inc. for Kenai
Recreation Center Flooring Replacement - 2004 for the Total Amount of $17,500.
ITEM I:
MINUTES
.
*Regular Meeting of October 20, 2004.
ITEM J:
OLD BUSINESS
ITEM K:
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
,
Purchase Orders Exceeding $2,500
,
,
Approval -- Vacation of the West 132 Feet of the 33-Foot Right-of-Way Access
Easement Within the North 33' of Government Lot 33 Recorded in Book 12, Page
40, Kenai Recording District, All Within Section 34, Township 6 North, Range 11
West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula
Borough; KPB File No. 2004-251; Petitioner: Gene L. Crandell of Kenai, Alaska;
Location: City of Kenai.
Discussion -- Council /Commission Liaison Assignments
e
Discussion -- Schedule Board of Adjustment Hearing/Appeal of Planning &
Zoning Commission Denial of PZ04-43 (a)- An application for an Encroachment
Permit for side yard setback for the property known as Lot 1, Block 6, Redoubt
Terrace Subdivision, Addition No. 3 (406 South Forest Drive}, Kenai, Alaska.
Application submitted by F. DeWayne and Diane E. Craig, 406 S. Forest Drive,
Kenai, Alaska.
ITEM L:
COMMISSION/COMMITTEE REPORTS
.
2.
3.
4.
5.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM M:
_
REPORT OF THE MAYOR
ITEM N: ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM O: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM P:
ADJOURNMENT
MAYOR'S REPORT
NOVEMBER 3~ 2004
REGULAR COUNCIL MEETING
CHANGES TO THE AGENDA
REOUESTED
BY:
ADD AT:
Item M, Report of Mayor -- 10/22 / 04 Proposed Capital
Improvements/2006, Arctic Winter Games/Kenai Ice
Multi-Use Facility.
MAYO R PO RT ER
CONSENT AGENDA
MAYOR'S REPORT
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ROBERT J. MOLLOY
ATTORNEY AT LAW. 110 South Willow Street, Suite
nD~ tN Aza~s~.~ ~ w~S~caTON Kenai, .AAazka 99611
(907) 253-7373
(907) 283-283l~ ('Fax)
October 27, 2004
Carol L. Freas, City Clerk
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611
Re.'
Public Comment to City Council
11/03/04 City Council Meeting
Ar_IA FAX_TO 283-3014
Dear Ms. l~reas:
This is to follow up on the voice mail that I left for you this morning. I request to
be on the agenda of the City Cou.n~ meeting 11/03/04 to commem on Kenai
Pe~ Borough's proposed Ordim.nce 2004--36, _~mer~din~ KI~B 5.18.43g, Sales Tax
Comvutati_on -- Ma,.i. mum T~x, By Tn,_ ~e~nglt From $500 to $1,000. I intend to ask the
Kena~i City Council to oppose or'object to Ordinance 2004-36, and to pass a resolution,
or act by motion, to notify the Borough of the opposition or objection.
The Borough's second public hearing on Ordinance 2004-36 is scheduled for
Tuesday 11/16/04, so it appears that the only regular City Council meeting at which
ttzis issue can be discussed is the 11/03/04 regular meeting.
I will appreciate it if you will discuss this request with the Mayor and City
Manager, and notify me about whether my request to comxnent can be accommodated.
Thank you for your consideration and response.
Sincerely,
Introduced by:
Date:
Hearings:
Action:
Vote:
Mayor
10/12/04
10/26/04 & 11/16/04
KENAI PENINSI~A BOROUGH
ORDINANCE 2004-36
AN ORDINANCE AME~~G I~B 5.18.430, SALES TAX COMPUTATION -
MAXIMUM TAX, BY INCREASING IT FROM $500 TO $1,000
WHEREAS, KPB Chapter 5.18 provides authority for and specifies the amount of tax to be
applied on the first $500 of each separate sale, rent, or service transaction; and
WHEREAS, the KPB Sales Tax Code has' not been amended to increase-the maximum tax
computation since the adoption of KPB Ordinance No.9, effective July 1, 1965;
and
WHEREAS, by increasing the maximum tax computation from the current $500 to $1,000, an
additional mount of approximately $1.9 million could be generated and used to
minimize any furore mill rate increases;
NOW,. THEREFOr, BE IT ORDAINED BY THE ASSEMBLY OF THE IOgNM
PENINSULA BOROUGH:
SECTION 1. That KPB 5.18.430 is hereby amended as follows:
5.18.430. Computation---Maximum tax.
The tax shall be applied only to the first [$50.0.00] $1,000.00 of each separate sale, rent
or service transaction, except as otherwise provided in this section.
.A.
Except as provided below for long-term vehicle leases, the payment of rent,
whether for real or personal property, in excess of [$500.00] $1,000.00 and for
more than one month, shall be treated as several separate transactions covering
the rental/lease for one month each.
g.
Services provided on account'and billed to the customer On a periodic basis are
subject to application of the tax on a maximum of [$500.00] $1,000.00 of each
billing, per account. For purposes of this section, any advance payment for
services other than to a trust or escrow account is considered to be paid pursuant
to a "billing."
Kenai Peninsula Borough, Alaska
New Text Underlined; [Dm.~.TED TEXT BRA~]
Ordinance 2004-36
Page 1 of 2
C,
De
Each night's rental of each individual 'room shall be considered a separate
transaction and therefore the maximum tax computation shall be calculated on a
per room per night basis.
Long-term vehicle leases shall be treated as one transaction per year, a. ud per
fractional year, of the lease term. The tax paid for any fraction of a year shall
equal the tax paid for a whole year. The sales tax for the: entire long-ter~n vehicle
lease shall be due and collected at the time. of the first payment. Tax. shall be
calculated-at the sales tax rate in effect on the day the lease is signed. There shall
be no refund of such taxes should the lease terminate earlier than on its terms.
Any extension of the initial lease term Shall be treated as a new long-term vehicle
lease.
SECTION 2. That this ordinance becomes effective January 1, 2005.
ENACTED BY .TILE ASSEMBLY OF THE KENAI PENINSULA BOROUGH TI:lIS *
DAY OF * 2004.
A'I-I'EST:
Pete Sprague, Assembly President
Linda S. Murphy, Borough Clerk
Ordinance 2004-36
Page 2 of 2
New Text Underlined; [D~ TEXT BRACK~-i~.a~]
89
Kcnai Peninsula Borough, Alaska
KENAI PENINSULA BOROUGH
144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599
BUSINESS (907) 262-4441. FAX (907)262-1892
MEMORANDUM
DALE BAGLEY
MAYOR
TO'
Pete Sprague, Assembly President '
Members of the Kenai Peninsula Borough Assembly
THRU: ~l,./~Dale Bagley, Mayor
FROM: ~tt Holt, Finance Director
DATE: September 30, 2004
SUBJECT:
Ordinance 2004- .,:ff~_. mending KPB 5.18.430 Sales Tax 'Computation-
Maximum Tax
In 1965 the Kenai Peninsula voters approved the imposition of a sales tax. in the borough. This
authority is currently implemented in KPB Chapter 5.18, which provides authority for sales tax
collection and remittance of sales tax on all retail sales, rents, and services made or rendered
withirvthe Kcnai Peninsula Borough.
KPB 5.18.430 provides authority for the maximum sales tax computation on the flint $500.00 of
'each separate sale, rent, or service transaction. From inception of the Borough's Sales Tax Code,
Ordinance No. 9 effective July 1, 1965, the Borough Assembly has not changed the maximum
sales tax computation. Based on the consumer price index for Anchorage and the attached memo
from Jeanne Camp, KPB Economic Analyst, $500 in 1965 is now worth $1,801.70.-
By increasing the maximum sales tax computation per transaction from the current $500.00 to
$1,000.00, it is estimated that an additional $1..9 million could be generated. These fun~ could
be used to minimize furore property tax increases that may result from decreasing revenue
streams. 'Additionally, the cities within the borough would experience an estimated $1 million
increase in revenues. The following table illustrates the estimated revenues from such an
increase to the borough and the cities:~
, ,
t This assumes that the home rule cities of Kcnai and Seward follow this change.
·
Memo re-Ordinance amending KPB 5.18.430
Page I of 2
Calendar year..Revenue Chan~e
2003 with Proposal
Revenues Implemented
Percent. Mtmicil~ali~ Borough
Increase Portion Portion
Homer $7,203,393 $444,381 6.2% $282,786 $161,595
Kenai $6,057,761 $458,768 7.6% $275,261 $183,507
Seldovia (l&4) $51,020 $2,464 4.8% $1,232 $1,232
S¢ldovia (2&3) $136,224 $10,467 7.7% $7,246 $3,220
Seward $4,580,420 $272,480 5.9% $181,744 $90,736
Soldoma $9,501,576 $420,305 4.4% $252,183 $168,122
Borough $14,601,682 $1,351,521 9.3% $1,351,521
Total $42,132,075 $2,960386 7.0% $1,000,452
Should the Ordinance pass, an effective date. of Janum'y 1, 2005 is requested in order for the
borough administration to properly notify the public, publish the changes, and develop the
necessary documents to properly administer this modification. Additionally, this effective date
would ease the transition as it coincides with all filing schedules, including businesses that file
annually, and will give the public time to make billing and other adjustments that may be
necessary.
This ordinance is the same as Ordinance 2004-13, previously considered but not adopted by the
assembly. It is presented again for your consideration in light of the anticipated significant
reduction in the borough gen~ fund following final state budgetary actions and adoption of tho
borough budget.
Two public hearings are requested, including one on shortened time, in order to allow additional
opportunity for public comment on this ordinance as it is expected to have a significant effect
within the entire borough.
Memo re Ordinance amending KPB 5.18.430
Page 2 of 2
91
Rpr 2~' 0~, 07:47a
CEDI)
p.2
To~
Fl'om;
MEMORAND
Ed Oberts, Admini~~ve Assistant to the Mayor
Jeaune Camp, KPB Economic Analygt '..
Date: April 22, 2004.
CPI as it telates to KPB Sales Tax Exemption.
You asked for an update to the CPI study that was done sev~ years ago, as applicable
to thc Sales Tax Exemption.
DmSng 1965, when the exemption was enacted, the CPI for Anchorage was 35.3. As of
2003, the CPI had increased to 162.5, a change of 127.2 points or 360.34%.
Applying the 360.34% increase to the $500 sale~ tax exemaption, an e,x~on of
$1,801.70 is comparable'to the $500 exemption during 1965.
c ore
The LeeShore Center
Services for Victims of Domestic Violence and Sexual Assault
Support for the Central Peninsula's Families
October 28, 2004
Mayor Pat Porter
210 Figalgo Ave.
Kenai, AK 99611
Dear Pat,
In May 2004, agen,cies involved in the Balance of State Continuum of Care (CoC)
process met to discuss homeless issues-within the Kenai Peninsula Borough. At
the meeting we scheduled future quarterly meeting dates along with a tentative
date for conducting ~ formal gaps analysis to identify homeloss sorvicos, within
our service area (the last gaps analysis in the Borough was conducted, in 2002).
Our first quarterly meeting will be held in Kenai at the Merft Inn (260 S.
Willow St.) on November f9, 2004 from 9:30am- f f :3Oam. Kris Duncan from
Alaska Housing and Finance Corporation (AHFC) will be present to talk about
data collection, the inventory process, and to provide direction to assiSt us in our
preparation .for a formal gaps analysis so we may better serve our homeless
population.
We have set up a conference call number for those unable to attend. We
respectfully request the City of Kenai contribute an estimated cost of $250.00
towards the cost of this conference call. This issue is very important to our area;
the work r done at these meetings will .prove to be part of future success to
eliminate homelessness in the Kenai Peninsula Borough.
If you have questions, please call me at 283-9479.
erely,
Cheri Smith, EXecutive Director
The LeeShore Center
325 South. Spruce Street
Kenai, Alaska 99611
Business Line... 283-9479 Crisis Line... 283-7257
Fax Line.... 283-5844
.
-.
Kenai Convention and Visitors Bureau
Board Meeting Minutes
September 27, 2004
Board Members Present: Fred Braun, Marion Nelson, Sharon Brower, Jacquie Steckel, Robert
Fulton, Robin West, Ron Malston, Sasha Lindgren
Board Members Excused' Pat Porter
Staff Members Present: Michelle Glass, Mya Renken, Diana McKenney
A. Call to Order & Roll Call: The meeting was called to order at 5:12 p.m.
B. Approval of Agenda: Ms. Steckel moved and Ms. Nelson seconded approval of the agenda.
It was approved unanimously.
C. Approval of Minutes: Mr. Malston moved and Ms. Brower seconded approval of the
minutes of August 9, 2004. They were approved unanimously.
D. Persons scheduled to be introduced: Mya Renken- New Executive Director- Ms.
Renken is happy to be here and ready to start moving forward.
E. Persons scheduled to be heard: Megan Gorman- 501(c)3 by-law signatures and update of
organizational meeting was re-scheduled for October's meeting
F. Correspondence:
1. Debbie Corbett letter- Kenai NWR cabin move: Mr. West said they have received some
money to address the cabins on the refuge. They had a little money to manage a few cabins
mostly on Tustamena Lake. This year, they were able to hire a crew to f'm up historical
cabins making them available for public use and build about 7 new ones. They will be put on
a reservation system, which was controversial. It was proposed that the cabin referred to in
the letter be moved by floating it down the Kenai. It is currently on the bluff near Bing's
Landing. It has been subject to vandalism because of accessibility. There was discussion
about moving it to Frying Pan Island and there has been resistance from family members,
people on Caribou Island, and others. The proposed meeting is to determine if, how, and
where to move it. If there is strong opposition to moving it, they won't, but won't encourage
it as a public use cabin.' Ms. Lindgren says this is the last populated native site. The cabin
was constructed in 1938 by her uncles, Herman and Van, under the guidance of their uncle as
was traditional. The cabin was used extensively by the family in the winters. As the Refuge
took title, it was renamed and is in the parcel of land that is to be nominated into the
historical register. The family believes it should be maintained. Although the Refuge claims
it is a critical brown bear habitat, it would still be unfommate to move it, and her uncle does
not want it to be moved. It is an oppommity for the Refuge, the tribe, and the family to work
together. As for the vandalism, it is her experience that if the public is informed and there is
something nice there, it is reduced. Perhaps a stewardship program would work. At the
Interpretive Site, there is no vandalism on the trail. It is a strong issue with her family, and
they will do what Uncle Herman wishes. Ms. Lindgren will represent the tribe at the
meeting. Mr. Braun asked Ms. Renken to send a letter to Debbi¢ Corbett to ask to be on the
mailing list.
G. Financials'
1. Cash Flow - Diana: Mr. Braun said that at Chamber last week for the mayoral forum, the
candidates were asked about this facility and positive remarks were made. The report has
been simplified. Ms. Nelson asked about equipment replacement. Ms. Renken talked about
an equipment replacement plan. Ms. Lindgren talked about a computer in the museum
dedicated to information retrieval. Ms. Nelson would like us to consider that activity tickets
be on a different computer to alleviate any corruption from the net.
H. New Business:
®
Election of new BOD Vice President: Ms. Steckel nominated Ms. Nelson and Mr.
Malston seconded. The nomination was approved unanimously. Mr. Malscon moved
that nominations be closed and Ms. Brower seconded. Ms. Nelson's approval for Vice
President was approved unanimously..Ms. Glass asked about the new director sending a
note to the board rfiembers who have not attended and ask about their interest. Those that
have missed are Ms. Vozar, Mr. Edwards-Smith, and Mr. Dunn. The Board directed Ms.
Renken to do so.
2. Selection of new Old Town Bingo Representative: Two people from this organization
need to be check signers and members of the Old Town Bingo organization. Ms.
Lindgren moved and Mr. Fulton seconded that Ms. Steckel be the representative. It was
approved unanimously.
3. Personnel: An Executive session was called to discuss personnel matters.
4. Selection of new check signers: Ms. Nelson moved and Ms. Brower seconded that Ms.
Steckel be added as a check signer. It was approved unanimously.
I. Old Business:
1. ED Transition Plan: October 1st is Ms. Glass' last day. Ms. Renken has been
introduced at the Kenai Chamber and will be going to the Soldoma Chamber tomorrow.
e
Possible consolidation with Kenai COC: Mr. Braun sent the letter to KCC. Ms. Carter
told him that her impression is that the board is pleased with it.
ae
Draft MOU with KCOC: Ms. Nelson moved and Mr. Fulton sceonded
consideration of the MOU with KCC. Ms. Nelson recommends that we review
the MOU with the new Chamber director, Janie Odgers. Mr. Fulton liked the
documem and said he talked to a lot of people about it and that the input he has
gotten is very much in favor of keeping the organizations separate and that they
agree with the MOU. Ms. Steckel recommended that there be an oppommity for
them to formally agree - such as a signature, or if you have further thoughts or
input, please let us know. Mr. Fulton recommended that it be presented as a
proposed MOU. Ms. Lindgren addressed the last paragraph recommending that
we add the Borough and the other Chambers. Ms. Nelson agreed. Ms. Glass'
idea for the f'mal MOU is that there would be a place for each president to sign at
the end. And perhaps instead of trying to include other entities, recognize the
need to communicate and include as much as possible, for example, the Borough,
Borough-wide Chambers, and other government entities. Mr. West moved and
Mr. Malston seconded approval of the MOU. Mr. West indicated that both
mayoral candidates were in favor of this proposal. It was approved unanimously.
3. Meetings update:
a. Museums Alaska: Ms. Renken attended and found it to be helpful and believed that
we have a unique situation. She discovered that people were surprised to fmd that a
CVB could play an important role. Ms. Lindgren commemed that she observed that
Ms. Verrengia was very participatory in the class she took with her and appeared to
be very involved. Ms. Renken found that Ms. Verrengia was much respected in that
arena.
b. Alaska Media Roadshow: Ms. Glass said that it were really well and that they were
really well received. People were very imerested and felt they did a great job in
preseming story ideas. Ms. Renken is already following up with many of the contacts
and has received her first response from a freelance writer from Santa Cruz. Ms.
Renken said that one of the writers there was from Elite magazine and she ended her
presentation with, "If you don't receive our magazine, you aren't supposed to." Ms.
Nelson asked if one person was enough or do we need two people there. Ms. Glass
said it really helped to have someone take notes, but for the cost, one person could do
it adequately.
c. ATIA - Oct. 5-7: This meeting is in Fairbanks. Ms. Renken has been invited by
Premier Alaska Tours to ride their bus and a friend of hers from the state has invited
her to stay in her room. With the savings, she plans to take Alise to the Western
Association of Convention and Visitor Bureaus conference, which is a good
education oppommity for membership and performance.
d. WACVB- Oct. 21-24: Ms. Renken will be emering the sportfishingkenai.eom site
in the Idea Faire.
J. Executive Director's Report:
Arctic winter games discussion- need pins.
Ron Senungemlc, our guest curator for the 2005 summer art show, is very well known and will
be a terrific marketing tool for sponsorship packets.
K. Board Comments:
Ms. Nelson - For ATIA - if there is some way to work something in for the product segment.
Talk about our show, or throw Ron's name out there or activity tickets or something.
Ms. Brower- thank you very much. Very glad to have Ms. Renken on board and very sorry to
lose Ms. Glass.
Mr. West- welcome to Ms. Renken. October 22aa, at 7 p.m. here - the National Wildlife
Refuge presentation by Karen Hollingsworth. Mr. Braun asked about advertising to get more
people in our facility- asked Mr. West to get with Ms. Renken to spend $300 or so to attract
more people here.
Mr. Malston- farewell to Mr. Glass- it's nice she and Ms. Renken have had time to work
together.
Ms. Lindgren- welcome Ms. Renken and sad that Ms. Glass is leaving. Will be talking with
Ms. Renken about some the programs they have had in the past and would like to do some of
those again that would bring many people in.
Mr. Braun- welcome aboard and Michelle we will really miss you. The board wants to wish
you well and are willing to give you the best recommendation, so. don't hesitate at any time to
ask.
Ms. Glass- it will be with great praise that she will talk about her time here. And thanks to Mso
McKenney because she will be insmnnental in the transition.
L. Schedule of Next Board Meeting: October 25, 5 p.m.
M. Adjournment: Meeting was adjourned at 7:21p.,m.
ALASKA MUNICIPLE LEAGUE
RESOLUTION NO.
A RESOLUTION
Requesting the Support of Alaska's Congessional Delegation for the Continuation of All Existing Fishery
Enhancement Programs Within Designated Wilderness Areas of Alaska.
BE IT RESOLVED BY THE ALASKA MUNICIPLE LEAGUE:
WHEREAS The Wilderness Society and the Alaska Center for the Environment brought suit against the U.S. Fish
and Wildlife Service in federal court to challenge the legality of the long standing sockeye salmon enhancement program
in Tustumena Lake, which is located within the Kenai Wilderness, under provisions of the federal Wilderness Act; and
WHEREAS the United States District Court for the District of Alaska ruled against The Wilderness Society and
in favor of maintaining the sockeye salmon enhancement program in Tusmmena Lake; and
WHEREAS a three-judge panel of the United States Court of Appeals for the Ninth Circuit also found that,
despite the assertions of The Wilderness Society, the stocking of sockeye salmon fry in Tustumena Lake was consistent
with the Wilderness Act and the Alaska National Interest Lands Conservation Act; and
WHEREAS, on December 30, 2003, an en banc panel of the United States Court of Appeals for the Ninth Circuit
ruled in The Wilderness Society v. United States Fish and Wildlife Service (Case No. 01-35266) that the stocking of
hatchery-reared salmon fry into Tustumena Lake was an impermissible "commercial enterprise" that is prohibited by the
Wilderness Act; and
WHEREAS the Tusmmena Lake enhancement project, originally developed by the Alaska Department of Fish
and Game (ADF&G), predates the wilderness designation and was acceptable when the area was designated a wilderness;
and
WHEREAS the U.S. Fish a and Wildlife Service officially recognized and approved the long standing sockeye
salmon enhancement program in Tustumena Lake since before the Kenai Wilderness was created in 1980; and
WHEREAS other long standing activities that existed prior to the Wilderness designation continue; and
WHEREAS Congress has repeatedly allowed pre-existing uses, fishery enhancement and other fish and wildlife
management activities in wilderness areas regardless of which users benefit outside of the designated a~ea; and
WHEREAS negative impacts to salmon populations in Tustumena Lake and other nearby lakes have not been
demonstrated; and
WHEREAS the lawsuit brought by The Wilderness Society is important to Alaska because it takes away the
ability of the state to enhance fisheries in Department of Interior Wilderness areas in Alaska; and
WHEREAS Alaska has more than 98 percent of the nation's designated National Wildlife Refuge Wilderness
areas and over 50,000,000 acres of Congressionally designated wilderness areas, more than all of the rest of the United
States combined; and
WttEREAS the lawsuit brought by The Wilderness Society has broad economic Unpnca,'ions t~oughout Alaska
and the nation concerning the conduct of any commercially related activities, such as guiding, trapping, customary trade,
commercial lodges, eco-tourism, and other similar operations, within or near wilderness areas;
BE IT RESOLVED that the Alaska Municiple League respectfully requests Alaska's Congessional
delegation to support the continuation of aH existing fishery enhancement programs within designated wilderness
areas of Alaska.
COPIES of this resolution shall be sent to the Honorable Gale Norton, United States Secretary of the Interior; the
Honorable Steve Williams, Director, Fish and Wildlife Service, U.S. Depamnent of the Interior; the Honorable J. Dennis
Hastert, Speaker of the U.S. House of Representatives; the Honorable Ted Stevens, President Pro Tempore of the U.S.
Senate and member of the Alaska delegation in Congress; the Honorable Pete V. Domenici, Chairman, U.S. Senate
Committee on Energy and Natural Resources; the Honorable James M. Inhofe, Chairman, U.S. Senate Committee on
Environment and Public Works; the Honorable Richard W. Pombo, Chairman, U.S. House of Representatives Committee
on Resources; and to the Honorable Lisa Murkowski, U.S. Senator, and the Honorable Don Young, U.S. Representative,
members of the Alaska delegation in Congress.
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2072-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, AMENDING
KMC 14.20.245 BY ADDING SECTION d(4) TO PROHIBIT PARKING OF
RECREATIONAL VEHICLES ON PRIVATE PROPER~ THAT HAS NO PRINCIPLE
PERMITTED STRUCTURE EXCEPT AS OTHERWISE ALLOWED UNDER KMC
14.20.245(e).
WHEREAS, KMC 14.20.245 regulates the use and occupancy of recreational vehicles
in the City of Kenai; and,
WHEREAS, KMC 14.20.245(d) sets forth the prohibited uses for occupancy and living
accommodations of recreation vehicles; and,
WHEREAS, KMC 14.20.245(d) allows short-term use (less that 30 days) of recreational
vehicles for occupancy and living accommodations on private property that is not a
permitted recreational vehicle park ff it is not set up for long-term use including
skirting, connection to electrical, sewer, water, natural gas or external fuel tanks; and,
WHEREAS, the intent of that exception was to allow short-term occupancy of
recreational vehicles by visitors such as friends and relatives on otherwise occupied
property; and,
WHEREAS, use of recreational vehicles for occupancy or living accommodations on
vacant lots is not consistent with the intent of the exception in KMC 14.20.245(d).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.245 be amended by adding KMC 14.20.245(d)(4) as follows'
(d) Prohibited Use of Recreational Vehicles. No person may occupy or
utilize any recreational vehicle as living quarters or sleeping
accommodations under any of the following conditions:
(1) While such vehicle is parked on any street, road, alley, or fight-of-
way.
(2) While such vehicle is parked on City property not designated as a
recreational vehicle park.
(3) While such vehicle is parked on private property and set up for Ion§-
term use. Long term use includes, but is not limited to, connection to
external fuel tanks or natural gas, skirting in, connection to water,
sewer, electrical or natural gas, or exceeding thirty (30) consecutive days.
[4_) While the recreatJona_l vehicle is pa_rked on private property_ with no
principal pe _rmi~_'tted structure located on the property, except as
otherwise allowed in KMC 14.20.245{e).
Ordinance No. 2072-2004
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of
November, 2004.
ATTEST:
Pat Porter, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
October 20, 2004
November 3, 2004
December 3, 2004
(6/25/04 sp)
CITY OF KENAI
PLANNING & ZONING COMMISSION
PZ04-30
A RESOLUTION OF THE PLANN~G AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMEND~G TO THE COUNCIL OF THE CITY OF KEN^I,
ALASKA THAT KMC 14.20.245 OF THE KENAI ZONING CODE BE AMENDED BY
ADDING SECTION (d) (4) TO PROHIBIT PARKING OF REC~ATIONAL VEHICLES ON
PRIVATE PROPERTY THAT HAS NO PRINCIPAL PERMITTED STRUCTURE EXCEPT
AS OTHERWISE ALLOWED UNDER KMC 14.20.245(e).
WHEREAS, KMC 14.20.245 regulates the use and occupancy of recreational vehicles in the
City of Kenai; and
WHEREAS, KMC 14.20.245(d) sets forth the prohibited uses for occupancy and living
accommodations of recreation vehicles; and
WHEREAS, KMC 14.20.245(d) allows short-term use (less that 30 days) of recreational vehicles
for occupancy and living accommodations on private property that is not a permitted recreational
vehicle park if it is not set up for long-term use including skirting, connection to electrical,
sewer, water, natural gas or external fuel tanks; and
WHEREAS, the intent of that exception was to allow short-term occupancy of recreational
vehicles by visitors such as friends and relatives on otherwise occupied property; and
WHEREAS, use of recreational vehicles for occupancy or living accommodations on vacant lots
is not consistent with the intent of the exception in KMC 14.20.245(d).
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS
THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA BE AMENDED BY ADDING
KMC 14.20.245(d)(4) AS FOLLOWS:
(d) Prohibited Use of Recreational Vehicles. No person may occupy or utilize any
recreational vehicle as living quarters or sleeping accommodations under any of
the following conditions:
(l) While such vehicle is parked on any street, road, alley, or fight-of-way.
(2) While such vehicle is parked on City property not designated as a
recreational vehicle park.
(3) While such vehicle is parked on private property and set up for long-term
use. Long term use includes, but is not limited to, connection to external fuel
tanks or natural gas, skirting in, connection to water, sewer, electrical or natural
gas, or exceeding thirty (30) consecutive days.
_[4) While the recreational vehicle is parked on private property with no principal
permitted structure located on the property, except as otherwise allowed in KMC
14.20.245(e).
PZ04-30
Page 2
PASSED BY THE PLANNING. AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day o£ October 2004.
Chairman
ATT/~ST:
Suggested by:
Administra
City of Kenai
ORDINANCE NO. 2073-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $151,314.05
FOR SHOP SITE REMEDIATION.
WHEREAS, at the request of the City of Kenai, the State of Alaska has
reappropriated the balance of $151,314.05 from the Airport Maintenance
Facility Design and Engineering grant to be used for Shop Site Remediation;
and,
WHEREAS, it is in the best interest of the City to use the grant for this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
Shop Site Remediation Capital Pro~ect Fund
Increase Estimated Revenues:
State Grant
$151,314.05
Increase Appropriations'
Professional Services
$151,314.05
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of
November 2004.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(10/14/2004) hl
Introduced:
Adopted:
Effective:
October 20, 2004
November 3, 2004
November 3, 2004
Suggested by:
CITY OF KENAI
RESOLUTION NO. 2004-57
Council Member
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
RESOLUTIONS 2004-1 THROUGH 2004-8 ADOPTED BY THE MUNICIPAL ADVISORY
GROUP IN THEIR ADVISORY ROLE TO THE STATE OF ALASKA UNDER THE
STRANDED GAS ACT.
WHEREAS, the Stranded Gas Development Act required a Municipal Advisory Group
(MAG) to be established to advise the State of Alaska Department of Revenue; and,
WHEREAS, MAG participated in the development of a Stranded Gas Development Act
Municipal Impact Analysis as a basis for the resolutions prepared in their advisory role
to the State; and,
WHEREAS, the City of Kenai has representation on MAG and an opportunity to
address issues in the resolutions cited as they were being developed; and,
,
WHEREAS, MAG has recommended, under conditions set forth in MAG Resolution
2004-1, Payment in Lieu of Property Taxes (PILT) is an acceptable alternative; and,
WHEREAS, MAG has recommended under conditions set forth in MAG Resolution
2004-2, that PILT to revenue-impacted communities should not be applied to sales
and use taxes of the municipalities, nor should it be applied to property that under
current tax law, would be taxable under AS 29.45; and,
WHEREAS, MAG has recommended that, under conditions set forth in MAG Resolution
2004-3, any Alaska natural gas pipeline project should provide takeoff points for
provision of gas to supply in-state needs, and further, the State of Alaska should retain
the fight to take its royalty share of natural gas in kind; and,
WHEREAS, MAG has recommended, under conditions set forth in MAG Resolution
2004-4, a PILT, based on throughput and indexed for inflation is preferable to other
methods of value determination, distribution of PILT should be made directly to
affected municipalities and not be subject to legislative appropriation, and distribution
should be proportionally based on respective municipal mil! rates; and,
WHEREAS, MAG has recommended, under conditions set forth in MAG Resolution
2204-5, a PILT must fund economic impacts to affected communities as a result of
pipeline construction activities, and ma,,dmized training and hire of an Alaska
workforce may mitigate impacts on existing municipal services; and,
WHEREAS, MAG has recommended, under conditions set forth in MAG Resolution
2004-6, training and hiring of an Alaskan workforce would be beneficial to the
communities of Alaska and the companies involved in the construction, operation and
maintenance of an Alaska Natural Gas Pipeline; and,
RESOLUTION NO. 2004-57
Page 2 of 2
WHEREAS, MAG has recommended, under conditions set forth in MAG Resolution
2004-7, PILT received from some types of economic impacts not be terminated in an
untimely manner in the event of a pipeline construction interruption; and,
WHEREAS, MAG has recommended, under conditions set forth in MAG Resolution
2004-8, the State of Alaska require provisions in a negotiated contract that would allow
for capacity expansion to accommodate future exploration and production of natural
gas.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that it supports the recommendations to the State of Alaska made by the
Municipal Advisory Group in Resolutions 2004-1 through 8, which are attached and
incorporated in this resolution of the City of Kenai.
PASSED BY THE COUNCIL OF THE CITY. OF KENAI, ALASKA, this third day of
November, 2004. ~.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
clf
Municipal Advisory Group Resolution 2004-01
Whereas the intent 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 Development Act allows the state to contract away municipalities'
ability to collect property tax under AS 43.56, municipal sales and use tax, municipal special
assessments, a comparable tax or levy imposed by the state or a municipality, or other state or
municipal taxes or categories of taxes identified by the commissioner;
Whereas the Stranded Gas Development Act requires a Municipal Advisory Group be
established to provide advice to the State of Alaska Department of Revenue;
Whereas the 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 development of Alaska North Slope Gas;
Whereas the Stranded Gas Development Act offers sponsors of stranded gas projects an
opportunity to negotiate fiscal contracts with the State of Alaska, thereby potentially 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 Development Act requires applicants to provide a description of the
methods and terms under which the applicant 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 contract provisions that affect the
municipalities;
Whereas the Stranded Gas Development Act implies a payment in lieu of traditional municipal
taxes may be needed to make a gasline project viable;
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;
Information Insights, Inc.
Municipal Advisory Group Resolution 2004-1' Approved
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 incumbent 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 contractors 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
from 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 payment in lieu of taxes structure that provides certainty
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 oppommity to respond to changing
conditions through changing tax 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 applicant 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 rent 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 amount that would have been collected under AS 43.56, AS29.45 and 29.46.
Information Insights, Inc.
Municipal Advisory Group Resolution 2004-1' Approved
Page 2
Municipal Advisory Group Resolution 2004-02
A resolution outlining parameters for Payment in Lieu of Taxes to Municipalities'
A. Whereas the Stranded Gas Development Act anticipates a negotiated contract between the
State of Alaska Department of Revenue and revenue impacted municipalities in lieu of
traditional property taxes under AS 43.56;
B. Whereas the Municipal Advisory Group, established under the auspices of the SGDA, has
met regularly to discuss and review issues relating to revenue and socio-economic impacts of
a gasline on municipalities;
C. Whereas it is not the intent of the SGDA to exempt or modify property taxes currently being
assessed and collected under 43.56 but to modify the shape of future property taxes to be
assessed and collected for the Alaska Natural Gas Pipeline;
D. Whereas the definition of taxable property under 15 AAC 56.075 is confusing in terms of
defining dual use propertY for purposes of taxation under 43.56;
E. Whereas "stranded gas" defined in AS 43.82.900 means gas that is not being marketed due to
prevailing costs or price conditions, as determined by an economic analysis by the
commissioner for a particular project;
F. Whereas real and pe, rsonal property that is used or committed by contract or other agreement
for use within this st~tte primarily in the exploration for, production of, or pipeline
transportation of gas or unrefined oil, or for the operations and maintenance of such facilities,
is taxed under AS 43.56 rather than under AS 29.45;
G. Whereas an exception to the definition of taxable property under AS 43.56 is "for property
used solely for the retail distribution or liquefaction of natural gas";
H. Whereas the Municipal Advisory Group has not come to agreement on the shape, length or
allocation methodology of a Payment in Lieu of Taxes to revenue impacted communities;
Whereas the Municipal Advisory Group has come to consensus on the general parameters in
which a PILT should be negotiated;
J. Whereas a number of factors argue against sales tax exemptions, including'
a. Complexity of administering sales tax exemptions;
b. Onus on vendors collecting sales taxes;
c. Difficulties of determining who is an exempt entity;
d. The determination of exempt items;
e. Competitive advantage/disadvantage based on entities exempted;
f. Cosffbenefit of exemption - especially given per transaction caps;
g. Cost of sales taxes not material to the project;
Information Insights, Inc
Municipal Advisory Group Resolution 2004-02: Approved
Be it therefore resolved that the Municipal Advisory Group recommends the following
parameters be utilized in future PILT negotiations:
1. No property that is taxed under AS29.45 or AS 43.56 prior to the start of construction of an
Alaska Natural Gas Pipeline should receive a tax deferral/exemption under a SGDA contract;
2. A contract developed under the SGDA should clarify the conditions under which dual use
facilities are to be taxed in order to protect municipalities' tax bases in existence prior to the
start of construction;
3. No tax exemption under the SGDA should apply to a gas pipeline or gas distribution
infi'astructure in existence prior to the start of construction of an Alaska Natural Gas Pipeline.
4. No tax exemption under the SGDA for municipal sales and use taxes.
5. SGDA contract may include provisions to ensure sales taxes are not targeted to gas pipeline
construction and operations.
6. No exemption under SGDA contract for the Alaska Natural Gas Pipeline for property that
under current tax law would be taxable under AS 29.45.
7. SGDA contract may include provisions to ensure municipal severance taxes are not targeted
to gas pipeline construction.
Information Insights, Inc
Municipal Advisory Group Resolution 2004-02' Approved
Municipal Advisory Group Resolution 2004-03
A resolution advising the State of Alaska to reinforce the requirements of the Stranded Gas
Development Act to make natural gas available to meet in-state demand:
A. Whereas the Stranded Gas Development Act requires applicants to describe methods and terms
under which the applicant is prepared to make gas available to meet the reasonably foreseeable
demand in Alaska within the economic proximity of the project;
B. Whereas the SGDA states that an element of determining if a project is qualified is whether it
is capable, subject to applicable commercial regulation and technical and economic
considerations, of making gas available to meet reasonably foreseeable demand in this state;
C. Whereas the Alaska Constitution requires natural resources to be developed for the benefit of
all Alaskans;
D. Whereas communities in Alaska desire affordable and clean energy fi'om the gas pipeline;
E. Whereas affordable, clean energy is a component of economic development and quality of life
throughout the state;
F. Whereas a gas pipeline likely will transport large quantities of natural gas liquids under high
pressure, and any takeoff on the pipeline for local access to gas likely will be expensive and
may require facilities to remove the natural gas liquids, making the location of extraction of
NGLs important to Alaska communities;
G. Whereas the tariff established for gas transported to takeoff points within Alaska should be
calculated for the actual transportation costs to those points;
H. Whereas AS 38.35.120(a) and AS 42.05.711-42.06.370 may act to prohibit access to North
Slope natural gas by many or all communities in Alaska;
I. Whereas South Central Alaska has had access to an abundant supply of low-cost natural gas
from Cook Inlet Basin, which is forecasted to meet existing demand until'approximately 2012;
J. Whereas Interior Alaska would benefit from having access to natural gas either for industrial
uses or distribution or for generating lower cost electricity;
K. Whereas Southeast Alaska communities are isolated and largely rural, and rely on importing
oil from lower 48 suppliers for most energy needs; and an alternative source of clean, efficient
and cost-effective energy offers a high likelihood of beneficial effect on economic
development and quality of life for residents of the Southeast region;
Be it therefore resolved:
le
The Municipal Advisory Group requests the State of Alaska to include the placement of
multiple, strategic takeoff points in the rural and urban areas of Interior, South Central and
Southeast Alaska as part of the construction project along the route of any natural gas pipeline
from Alaska's North Slope in its negotiations with successful applicants.
2. AS 38.35.120(a) and AS 42.05.711-42.06.370 should be amended to provide greater assurance
that communities in Alaska, to the greatest extent practicable, will have access to North Slope
natural gas from any trans-Alaska natural gas pipeline.
3. The State of Alaska should retain its rights to take the State's royalty share of natural gas in
kind in order to provide maximum access to natural gas to meet the future needs of the
communities, businesses and regions of Alaska.
Information Insights, Inc
Municipal Advisory Group Resolution 2004-3' Approved
Municipal Advisory Group Resolution 2004-04
A Resolution Outlining the Parameters of a Revenue PILT Acceptable to Munic:,palities:
A. Whereas no reduction or deferral in municipal taxes is acceptable without appropriate
justification from the State of Alaska and the project sponsor;
]3. Whereas a payment in lieu of taxes structure should provide certainty for
municipalities;
C. Whereas the State of Alaska should ensure any payment in lieu of taxes recognizes
the loss to present and future forms of local government of the oppommity to respond
to changing conditions through changing tax rates;
D. Whereas a payment in lieu of taxes does not mean a reduction in taxes;
E. Whereas the State of Alaska should ensure that affected municipalities' combined
share of the economic rent 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 amotmt that would have been collected
under AS 43.56, AS 29.45 and AS 29.46;
F. Whereas project sponsors have indicated the existing tax structure front-loads their
expenses and property taxes are due before a revenue stream is in place;
G. Whereas revenue affected municipalities want to avoid the drastic decrease in
revenues that would be possible at the end of the contract term if valuation methods
changed and the Alaska Natural Gas Pipeline continued;
Be it therefore resolved that:
1. In the event that a payment in lieu of taxes is found to be acceptable to the
municipalities, a PILT based on the throughput of the proposed natural gas pipeline
indexed * for inflation is preferable to other methods.
2. The throughput rate per mcf established under the Stranded Gas Development Act for
the PILT should approximate taxes that would have been collected under AS 43.56.
3. The negotiated PILT should include a continuation clause in the original contract for
the Alaska Department of Revenue to have the option to extend the throughput
method of payment in lieu of taxes through the life of the project, rather than the life
of the contract.
4. PILT payments should be made directly to affected municipalities and should not be
subject to appropriation by the legislature.
5. The smacmre of the State of Alaska PILT for property taxes in the unorganized
borough should allow that as new local governments form, they will have access to a
share of State PILT revenues in order to provide a reasonable tax base.
6. PILT payment should be made proportionally to each municipality based on its mill
rate on an annual basis.
* Indexing instrument needs to be added
Information Insights, Inc
Municipal Advisory Group Resolution 2004-4: Approved
Municipal Advisory Group Resolution 2004-5
A Resolution Outlining the Parameters of a Construction Impacts PILT to Municipalities'
A. Whereas construction of an Alaska gas pipeline will bring impacts to municipalities;
B. Whereas construction impacts of the project will begin prior to gas pipeline
construction, continue through the projected three-year construction period, and phase
out a year after construction ends;
C. Whereas the State has eliminated or reduced assistance to potentially impacted
municipalities and has begun the discussion of gas pipeline construction impacts to
municipalities;
D. Whereas funding for construction impacts and need for services as a result of
construction may not parallel each other;
E. Whereas adequate construction PILT funds must begin prior to construction to
provide timely, effective services to residents;
F. Whereas maximum Alaska hire will result in fewer construction impacts to
municipalities by reducing unemployment, in-migration and need for increased
services;
G. Whereas an increase in general wages within the affected municipalities will result
from limited availability of personnel for jobs during construction of the gas pipeline,
and the effects of that wage inflation are likely to linger after construction ends;
H. Whereas municipalities have particular concerns about the impacts of gas pipeline
construction on their road systems and infrastructure;
Be it therefore resolved:
1. Payment in lieu of taxes must fund impacts of gas pipeline construction with phasing
appropriate to provide funds for specific service delivery.
2. Project sponsors and the State of Alaska should expend maximum efforts to ensure
Alaska hire, thus mitigating the need for new municipal services to support an influx
of Outside workers.
3. Apart from construction or revenue PILTs, the State of Alaska Legislature and
Administration should provide financial assistance to impacted communities not
receiving a revenue PILT.
4. PILT payments should be transmitted directly to municipalities by the payors, as
would be the case for tax payments.
Information Insights, Inc.
Municipal Advisory Group Resolution 2004-5: Approved
Municipal Advisory Group Resolution 2004-6 Final
A Resolution Outlining Voluntary Measures to Ensure Maximum Alaska Hire for the
Alaska Natural Gas Pipeline:
A. Whereas Alaska residents should benefit from natural resource development by having
access to both construction and operation jobs of the Alaska Natural Gas Pipeline;
B. Whereas increased Alaska hire will lead to mitigated impacts on affected
municipalities by reducing the need for new services;
C. Whereas in 1998 the Alaska North Slope Gas Commercialization Team
(Commissioners Will Condon and John Shively and Attorney General Bruce Bothello)
made recommendations for voluntary measures to ensure Alaska hire;
D. whereas the team conducted its work against a background of U.S. and Alaska
Supreme Court decisions striking down previous Alaska Hire efforts;
E. Whereas the group sought to avoid these problems by recommending requirements and
voluntary measures for Alaska Hire efforts on the part of gas pipeline/export project
employers;
F. Whereas the Municipal Advisory Group endorses these requirements and voluntary
measures to ensure maximum training and hiring of Alaskans;
G. Whereas the realization of maximum local hire can be of benefit to the communities of
Alaska and the companies involved in construction and operations of an Alaska
Natural Gas Pipeline;
Be it therefore resolved:
1. The State of Alaska should require project sponsors to submit a plan outlining specific
measures to hire qualified Alaskans; to train, in a timely fashion, Alaskans who are
capable of becoming qualified; and to contract with Alaska businesses. The plan should
include scheduled benchmarks for achieving the training and hiring of Alaskans.
2. The State of Alaska should require project sponsors and gas pipeline contractors to
advertise within Alaska for positions, and to use State of Alaska job service
organizations to notify the Alaska public regarding jobs.
3. The State of Alaska should require quarterly unemployment insurance submittals by
project sponsors and gas pipeline contractors to identify employees and employers
involved in project construction throughout the state.
4. The Alaska Department of Labor and Workforce Development should create a
statistical indicator of the number of Alaska resident and nonresident employees
involved in project construction by comparing quarterly UI submittals against other
indexes of Alaska residency, such as PFD qualifications and drivers licenses.
5. The State Commissioner of Labor and Workforce Development should prepare and
present to the legislature an annual report, by employer, that identifies the numbers of
Alaska residents working on the gas pipeline project.
6. The State of Alaska should negotiate Alaska hiring goals and should develop
incentives to reward project sponsors that achieve those goals.
Information Insights Inc
Municipal Advisory Group Resolution 2004-6: Approved
Municipal Advisory Group Resolution 2004-7 Final
A Resolution Regarding Interruption During Construction of thc Natural Gas Pip~lin¢ and
Related Effects on a Construction PILT:
A. Whereas the PILT proposed for construction impacts would be phased over a five year
period- one year of pre-construction, three years of construction and one year of post
construction;
I3. Whereas some construction impacts will require expenditures by municipalities and
communities prior to commencement of service delivery;
C. Whereas preparation for some construction impacts, such as increased call volumes to
local police departments, State Troopers and VPSOs, requires significant lead time for
recruiting, training and hiring new employees;
D. Whereas purchase of equipment such as ambulances requires a commitment of funds
and subsequent significant lead time between ordering and delivery;
E. Whereas an interruption in construction of a gas pipeline would cause negative impacts
in affected communities due to economic uncertainty, changes in employment and
social disruption;
F. Whereas a halt in construction would create a need for affected communities to adjust
recruitment and hiring, ordering of equipment, or other issues;
G. Whereas once the recruitment and hiring of employees to respond to construction
impacts has begun, it becomes imperative that construction PILT funds be maintained
even if construction is interrupted;
Be. it therefore resolved:
If construction of the natural gas pipeline halts, the flow of construction-related PILTs to
the affected communities should continue for up to twelve months of an interruption.
Information Insights Inc
Municipal Advisory Group Resolution 2004-7: Draft
Municipal Advisory Group Resolution 2004-8 Final
A Resolution Recommending Maximum Effort to Require Provisions for Expansion of a
natural gas pipeline to accommodate additional exploration and production.
A. Whereas Alaska's North Slope holds the potential for tremendous reserves of
undiscovered natural gas;
B. Whereas article 8, sections 1 and 2 of the Alaska State Constitution declare that it is
the policy of the state that the development of its resources be made available for
maximum use consistent with the public interest and for the maximum benefit of its
people;
C. Whereas it is in the best interest of the state to provide for maximum competition in
the development of its natural gas resources;
D. Whereas it is vital that a natural gas pipeline project make provisions to accommodate
furore exploration and production;
E. Whereas the state of Alaska has the authority to require certain provisions under the
Right of Way leasing act and the Stranded Gas Development Act;
F. Whereas recently passed federal legislation, Section 101 of"The Alaska Natural Gas
Pipeline Act" provides the Federal Energy Regulation Commission the authority to
order the expansion of a natural gas pipeline under certain conditions;
Be it therefore resolved:
1. The State of Alaska should include in contract negotiations under the Stranded Gas
Development Act and the Right of Way leasing act provisions for expansion of the
natural gas pipeline to accommodate future exploration and production; and
2. The State of Alaska should protect Alaska's interest in the upcoming FERC
mlemaking process and should utilize its standing with FERC to encourage an order
for expansion when it is determined to be in the best interest of the state.
Approved by vote:
Yes: City of Fairbanks; Fairbanks North Star Borough; Kenai Peninsula Borough; City of
Kenai; Tanana Chiefs Conference; City of Skagway
No: North Slope Borough
Information Insights Inc
Municipal Advisory Group Resolution 2004-8 DRAFT
Suggested by: Administ.~,~,,,,,
CITY OF KENAI
RESOLUTION NO. 2004-58
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE BID TO DECOR INDUSTRIES, INC. FOR KENAI RECREATION CENTER
FLOORING REPLACEMENT - 2004 FOR THE TOTAL AMOUNT OF $17,500.
WHEREAS, the following bids were received on October 28, 2004:
BIDDER
Ddcor Industries, Inc.
Regal Interiors
TOTAL
$17,500
$20,107
WHEREAS, Ddcor Industries, Inc.'s bid meets the bid specifications; and,
WHEREAS, the recommendation from the City Administration is to award the bid to
Decor Industries, Inc.; and,
WHEREAS, the Council of the City of Kenai has determined that Dicor Industries,
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 Kenai Recreation Center Flooring Replacement - 2004 be
awarded to Dicor Industries, Inc. for the total amount of $17,500.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of
November 2004.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
OCTOBER ~0, 0.004
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. CERTIFICATION OF ELECTION
4. Agenda Approve
5. Consent Agenda
*All items listed with an asterisk {*} are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM A:
REPORTS OF LEGISLATORS~ KPB ASSEMBLY AND COUNCILS
ITEM B:
SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C:
,
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM E:
REPORTS OF KENAI CONVENTION/k VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F:
..
MAYOR AND COUNC~ OATHS OF OFFICE
,, ,
BREAK
ITEM G:
ITEM H:
.,,
.
.
ELECTION OF VICE MAYOR
PUBLIC HEARINGS
,
Ordinance No. 2068-2004 -- Amending KMC 14.20.320(b) by Changing
the Definitions of "Mobile Home,' "Manufactured Housing," and "Modular
Housing."
Ordinance No. 2069-2004 -- Finding that Certain City-Owned Lands
Located in Section 36 AdjRcent to the Kenai Spur Highway and Further
Identified Rs KPB Parcels #043-010-38, #043-010-33 and #043-010-34
Are Needed for ~ Public Purpose.
,
,
,
,
ITEM I:
,
ITEM J:
ITEM K:
,
,
,
,
,
0
ITEM L:
lo
2.
3.
4.
5.
6.
7.
Ordinance No. 2070-2004 -- Increasing Estimated Revenues and
Appropriations by $150,000 in the Airport Land System Special Revenue
Fund and the Parallel Taxiway Capital Project Fund.
Ordinance No. 2071-2004 -- Finding that Certain City-Owned Land,
Identified as Lots 1 & 2, Block 6, Mommsens S/D Replat of Additions I &
2, Located at 2402 & 2406 California Avenue in Kenai, Are Required for a
Public Purpose.
Resolution No. 2004-56 -- Transferring $2,977 in the General Fund to
Pay Taxes on Properties Declared to be Needed for a Public Purpose.
*2004 Liquor License Continuance -- REMOVAL OF PROTEST
Kenai Joe's Bar
MINUTES
*Regular Meeting of October 6, 2004.
OLD BUSINESS
NEw BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2072-2004 -- Amending KMC 14.20.245 by Adding
Section d(4) to Prohibit Parking of Recreational Vehicles on Private
Property That Has No Principle Permitted Structure Except as Otherwise
Allowed Under KMC 14.20.245(e).
*Ordinance No. 2073-2004 -- Increasing Estimated Revenues and
Appropriations by $151,314.05 for Shop Site Remediation.
Discussion -- Council Seat Appointment
Discussion -- Water Quality Standards/2004 Proposed Mixing Zone
Revisions
COMMISSION/COM~~EE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b.
Alaska Municipal League Report
Arctic Winter Games
Stranded Gas Committee
ITEM M:
REPORT OF THE MAYOR
ITEM N:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM O:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
,
ITEM P:
ADJOURNMENT
~NAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 2
[Write-Ins
COUNCIL MEMBER/THREE-YEAR SF~TS:
CANDIDATE
MASSIE, Cliff
BOYLE, Michael
MOORE, Joe
Write-Ins
VOTES
RECEIVED
857
622
747
24
ABSENTEE BALLOTS RECEIVED (in-
person, personal-representative, by-mail) 191
37
(~ ~$TIONED BALLOTS RECEIVED
·
ABSENTEE BALLOTS (in-person, personal 184
representative, by-mail) COUNTED
~UESTIONED BALLOTS COUNTED 17
TOTAL BALLOTS NOT COUNTED 27
NUMBER OF KENAI REGISTERED 4,943
VOTERS
POLL VOTER TURN OUT 26.60%
TOTAL VOTER TURN OUT 31.22%
MOTION:
Council Member Swarner MOVED to certify the election of October 5, 2004 and
Council Member Moore SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD AT:
Item A, Report of Assembly Member Glick
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 3
ADD AT:
ADD AT:
Item E, Report of Kenai Convention & Visitors Bureau
Board
Item L-7d, Stranded Gas Committee Report
MOTION:
Council Member Moore MOVED to remove Item G, Election of Vice Mayor from the
agenda and Council Member Ross SECONDED the motion.
VOTE:
Moore
Ross
Swarner
Yes
Yes
Yes
Porter
Williams
Yes Gilman
Yes Booker
Absent
Absent
MOTION PASSED UNANIMOUSLY.
MOTION:
Council Member Moore MOVED to approve the amended agenda and Council Member
Swarner SECONDED the motion. There were no objections. SO ORDERED.
A-5.
CONSENT AGENDA
MOTION:
Council Member Swarner MOVED to approve the consent agenda as presented and
Council Member Ross SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B:
REPORTS OF LEGISLATORS, KPB ASSEMBLY AND COUNCILS
Pete Sprague, President, Kenat Peninsula Borough Assembly -- Sprague noted his
address as 188 Farnsworth Blvd., Soldotna, AK.
Sprague stated he was primarily in attendance to recognize Williams' last meeting and
noted, he had the honor, opportunity and privilege in serving with Williams and being
involved in a number of local, state and federal issues with him; his most fond and
vivid memory of Williams was the first time he was to Juneau with the Borough in
1999, and every legislators' office he visited, Williams was either ahead or behind him
and had a story and a smile and an incredible presence about him. Sprague added,
Williams had style, substance, and gave total service for the city, borough and state.
Sprague thanked Williams for his service, and on behalf of the Assembly, wished him
the best in the future.
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 4
Tom Wagoner, Alaska State Senator -- Wagoner noted he met the Williams in 1970
when he hired him as a teacher at the Kenai Peninsula Community College. Wagoner
read into the record, a citation from the Alaska Legislature as follows'
Honoring John Williams, City of Kenai-- The 23rd Alaska State Legislature gratefully
acknowledges the accomplishment of John Williams, Mayor of the All-America City of
Kenai. John and his wife Sharon moved to Alaska in 1962. They are long-time
residents and participants in Kenai area activities. John has had a hand in many
different endeavors. In addition to being a husband and a father and a grandfather,
John wears many other hats. John worked as a petroleum technology and instrument
instructor for the University of Alaska (Kenai Peninsula CommuniW College), has been
mayor of the City of Kenai since 1986, and found time to run a successful real estate
brokerage and property management firm. John was instrumental in the development
of senior congregate housing, the fire training center, the Kenai boat harbor
expansion, and the Challenger Learning Center. John is known far and wide as a
promoters' promoter. His enthusiasm is contagious. One of John's major
contributions has been his ability to inspire others around him to share his vision for
Kenai, see the possibilities and expand upon the potentials.
The 23~d Alaska State Legislature congratulates John Williams for his outstand service
to Kenai and the entire State of Alaska. Signed by Pete Kott, Speaker of the House,
Gene Therriault, President of the Senate, and Tom Wagoner, Prime Sponsor.
ITEM C:
SCHEDUI, ED PUBLIC COMMENTS-- None.
ITEM D'
UNSCHEDULED PUBLIC COMMENTS-- None.
ITEM E:
REPORTS OF KENAI CONVENTION/is VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
Tim Navarre, President, Kenai Chamber of Commerce -- Navarre noted the
following:
· Their fund raiser would be held on Saturday, October 23.
Stated he wanted to take the opportunity to recognize Williams and his
service to the community. It certainly would not be the same without the job Williams
did over the last 18 years. He had the privilege, while he was on the Assembly, to
follow Williams around and learn a lot from the way he handled himself and did
business with the state and federal government and a number of times even when he
was in D.C., either Williams would call him or he would call Williams and
communicate as to .what was happening and what could be done for each other, which
is how to working together is supposed to be. He added, he believed the reason
Williams was so successful because he always worked with both sides of the table and
everyone in between. He added, he didn't think people on the Peninsula realize how
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 5
much of a commitment people have to give to the service, time away from family and
jobs, and all the council should be commended for it and especially Williams.
Navarre also thanked, on behalf of the Chamber, Council Member Bookey for his
service to the community as well. His twelve years on the council was a big
commitment and a commitment from his family as well. Navarre wished Bookey luck
in his endeavors and Williams the beat of luck. He added, he believed Williams would
find something to do in his life after the Kenai Mayor.
ITEM F:
MAYOR AND COUNCIL OATHS OF OFFICE
Mayor Williams administered the oath of office to Mayor-Elect Porter. Willies
thanked City Attorney Graves, City Clerk Freas and Finance Director/Acting City
Manager Larry Semmens for their help and support over the years.
Mayor Dave Carey, City of Soldotna -- Congratulated Mayor Porter and thanked
Mayor Williams for his years of service. Carey also invited council to attend a joint
work session with the Soldoma City Council in December to discuss legislative
priorities. Additionally, Carey recognized and thanked Mrs. Sharon Williams for her
support of Mayor Williams during his tenure as mayor.
Mayor-Elect Porter administered the oaths of office to Joe Moore and Cliff Massie.
BREAK TAKEN: 7:36 P.M.
BACK TO ORDER: 8:00 P.M.
Mayor Porter called the meeting back to order and continued on with the remaining
business included on the agenda.
ITEM G:
ELECTION OF VICE MAYOR -- Removed from the a§enda.
ITEM H:
PUBLIC I-IF, AR~GS
H-X.
Ordinance No. 2068-2004 -- Amen~g KMC 14.20.320(b) by Changing
the Definitions of "Mobile Home," "Manufactured Housing," and 'Modular
Housing."
MOTION:
Council Member Swarner MOVED to approve Ordinance No. 2068-2004 and Council
Member Ross SECONDED the motion.
There were no public comments. City Attorney Graves explained the ordinance would
update definitions in the code to meet current standards. He added, it would not
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 6
change any of the requirements included in the code for mobile homes, etc. Council
Member Ross reported the issue had been before the Planning & Zoning Commission
and they recommended approval of the ordinance.
VOTE:
Moore
Ross
Porter
Yes
Yes
Yes
Swamer
Gilman
Yes
Absent
Massie
Vacant
Yes
MOTION PASSED UNANIMOUSLY.
Ordinance No. 2069-2004 -- Finding that Certain City-Owned Lands
Located in Section 36 Adjacent to the Kenai Spur Highway and Further
Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34
Are Needed for a Public Purpose.
MOTION:
Council Member Swarner MOVED to approve Ordinance No. 2069-2004 and Council
Member Moore SECONDED the motion.
There were no public comments. Ross reported the issue had been before the Parks &
Recreation Commission several times and they recommended approval. He added, the
Planning & Zoning Commission had also reviewed the ordinance and possible uses
and recommended approval of the property as a public use.
A brief discussion followed regarding the use of the property and concerns of its
former use as a landfill. Graves explained he, Public Works Manager La Shot and a
representative from the State's Solid Waste Administration toured the area. The State
representative explained, as long as the land is not penetrated, she felt the proposed
plan for the area to be used as sporting fields would be a suitable use of the property.
Swarner asked if core samples had been taken on the property and Graves reported
they had not and there was no intention of doing so as the direction from the state
was to leave the land in place. It was noted, a final plan would come to council in the
future.
VOTE:
Moore Yes
Ross Yes
Porter Yes
Swarner Yes
Gilman Absent
Massie Yes
Vacant --
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 7
MOTION PASSED IH/ANIMOUSLY.
Ordinance No. 2070-2004-- Increasing Estimated Revenues and
Appropriations by $150,000 in the Airport Land System Special Revenue
Fund and the Parallel Taxiway Capital Project Fund.
MOTION:
Council Member Moore MOVED for adoption of Ordinance No. 2070-2004 and Council
Member Swarner SECO1/DED the motion.
The floor was opened for public comment.
Kristine Sehmidt~ Kenai -- Requested council to consider postponing action on the
ordinance as she felt there had not been enough information on the issue made
available for the public. She added, she felt it would be helpful to know more about
this large project before it moves forward.
Moore stated he objected to delaying action as the issue had been before the Airport
Commission several times and was also discussed with council. Airport Manager
Cronkhite noted the following:
· The project had been included in two Airport Master Plans and both
Plans received public hearings.
· The ord/nance would provide funds for designing the project; and, the
FAA would not fund the project if it had not been included in an approved Airport
Master Plan.
· The project needs to be designed in order to request bids and then a
grant request is written. To meet the timeline for construction, the project would need
to go to bid in February in order for the project to be funded in Mayor or June.
Council Member Massie suggested action be delayed until the November 3 meeting.
Moore stated he would not support a postponement.
Cronkhite explained the project would not lengthen the current runway, but would
straighten the parallel taxiway which will be used as a runway during the resurfacing
of the runway in 2006. She noted, the air carriers have been informed of the city's
intention and they have stated no objections.
VOTE:
Moore
Ross
Yes [ Swarner [Yes Massie Yes
Yes Gilman Absent Vacant --
KEN~ CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 8
I Porter [Yes
MOTION PASSED UNANIMOUSLY.
Ordinance No. 2071-2004-- Finding that Certain City-Owned Land,
Identified as Lots 1 & 2, Block 6, Mommsens S/D Replat of Additions 1 &
2, Located at 2402 & 2406 California Avenue in Kenai, Are Required for a
Public Purpose.
MOTION:
Council Member Swarner MOVED to approve Ordinance No. 2071-2004 and Council
Member Moore SECONDED the motion.
There were no public comments. Acting City Manager/Finance Director Semmens
noted an error in the last whereas in which the amount needed to be corrected to
reach $2,976.24.
MOTION TO AMEND:
Council Member Swamer MOVED to amend Ordinance No. 2071-2004 in the last
whereas, changing the tax amount to read $2,976.24. Council Member Moore
SECONDED the motion. Swarner requested UNANIMOUS CONSENT on the
amendment. There were no objections. SO ORDERED.
VOTE ON MAiN AMENDED MOTION:
Moore lYes
Ross Yes
Porter Yes
Swamer Yes ] Massie Yes
Gilman Absent I Vacant --
MOTION PASSED UNANIMOUSLY.
H-Z.
Resolution No. 2004-56 -- Transferring $2,977 in the General Fund to
Pay Taxes on Properties Declared to be Needed for a Public Purpose.
MOTION:
Council Member Swarner MOVED to adopt Resolution No. 2004-56 and requested
U~ANIMOU8 CONSENT. Council Member Massie SECONDED the motion.
There were no public or council comments.
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 9
VOTE:
There were no objections. SO ORDERED.
2004 Liquor License Continuance -- REMOVAL OF PROTEST
Kenai Joe's Bar
Approved by consent agenda.
ITEM I: MINUTES
,
I-1o
Regular Meeting of October 6, 2004 -- Approved by consent agenda.
ITEM J'
OLD BUSINGS-- None.
ITEM K:
NEW BUSINESS
X-Xo
Bills to be Paid, Bills to be Ratified
MOTION:
Council Member Swamer MOVED to pay the bills and requested UNAKIMOUS
CONSENT. Council Member Moore SECONDED the motion. There were no
objections. SO ORDERED.
Purchase Orders Exceeding $2,500
MOTION:
Council Member Swarner MOVED for approval of the purchase orders exceeding
$2,500 and Council Member Moore SECONDED the motion.
Ross questioned the increase to the Alaska Roadbuilders purchase order and Public
Works Manager Komelis reviewed the overages to the project, noting several of the
estimated costs for paving were exceeded and one of the paving areas, the cost was
less than the estimate.
Swarner questioned the purchase of a new deep-fat fryer for the airport terminal
restaurant. Cronkhite noted an explanation of the need, repair investigation and cost
was included in her report. She noted, upon review of the matter, Administration felt
the current equipment was unsafe.
VOTE:
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 10
There were no objections. SO ORDERED.
K-a.
Ordinance No. 2072-2004 -- Amending KMC 14.20.245 by Adding
Section d(4) to Prohibit Parking of Recreational Vehicles on Private
Property That Has No Principle Permitted Structure Except as Otherwise
Allowed Under KMC 14.20.245(e).
Introduced by consent agenda.
K-4o
Ordinance No. 2073-2004 -- Increasing Estimated Revenues and
Appropriations by $151,314.05 for Shop Site Remediation.
Introduced by consent agenda.
Discussion -- Council Seat Appointment
A brief discussion took place in which it was noted, consensus of council was to fill the
seat as soon as the November 3, 2004 council meeting. Graves noted, the Charter
does not provide direction on how council is to fill the position, but that the
appointment would serve until the next regular election. The seat is then filled by
election for the remaining term, if any.
It was noted, traditionally council has advertised the position and taken letters of
intent with resumes.
MOTION:
Council Member Swamer MOVED for council to meet in a work session, beginning at
5:00 p.m. on Wednesday, November 3, 2004 to interview council candidates/persons
who would like to be appointed to the council and setting the deadline for submission
of letters of intent and resumes at Noon, Friday, October 29, 2004. Council Member
Ross SECOKDED the motion.
Moore noted he believed the candidates should know what to expect. Ross agreed and
suggested the advertisement note the candidate should include a letter of
intent/interest and a resume. It was also suggested the advertisement note council
members are required to file yearly Alaska Public Offices Commission Financial
Disclosure Reports as well.
VOTE:
Moore Yes , Swamer _ Yes Massie ]Yes
Ross Yes Gilman Absent Vacant [ --
Porter Yes
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 11
MOTION PASSED UNANIMOUSLY.
Discussion -- Water Quality Standards/2004 Proposed Mixing Zone
Revisions
Swarner noted she had requested the issue be included on the packet. She noted, the
DEC planned to lessen mixing zone restrictions relating to salmon streams and
requested a letter of objection be written to DEC prior to the November 1 deadline.
Moore agreed and stated his concern, relaxing the regulations upstream could be a
detriment to the lower waters. Public Works Manager Komelis reported, at the Kenai
River Special Management Area board meeting he attended, it was apparent the board
was not in favor of the relaxation of the regulations. Komelis also noted, the city's
outflow does not go into a stream and is not in a salmon rearing area and the change
in regulations would not affect the city, though they would affect the upper fiver.
Administration was requested to write a letter opposing the relaxation of the
regulations for Porter to sign.
ITEM L:
,
COMMISSION/COMMI~EE REPORTS
L-Xo
canceled.
COuncil on Aging -- Swarner reported the October meeting was
L-2. Airport Commission -- Moore reported the Commission met October 14
and discussed runway incursions and the parallel runway extension.
L-3. Harbor Commission -- It was reported a work session was held as there
was no quorum.
L-4. Library Commission -- It was noted, the meeting summary was included
in the packet.
L-5. Parks/k Recreation Commission -- Ross reported the meeting summary
was included in the packet.
L-6. Planning/is Zoning Commission -- Ross reported on the Commission
meeting held on October 13, noting the Commission recommended approval of
amending KMC 14.20.245 relating to the prohibition of parking of recreational vehicles
on private property with no principle permitted structure.
L-7. Miscellaneous Commissions and Committees
7-a. Beautification Committee -- Swarner noted the meeting summa~ for
the Committee's October 12, 2004 meeting was included in the packet.
KEN~ CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 12
7-b. Alaska Municipal League Report -- Swamer reported she would be
attending the AML Conference in Fairbanks in November and will be attending the
policy section discussions. She urged council to inform her of any items needing to be
brought forward.
7-c. Arctic Winter Games -- Moore reported a meeting was held on October 7
at which time it was noted there were no federal dollars for projects in Kenai.
7-d. Stranded Gas Committee -- Ross referred to copies of the Committee's
resolutions which were added to the agenda at the beginning of the meeting. He
requested Mayor Porter to submit a letter noting the council had already reviewed the
first three resolutions and would consider a resolution in support of the remaining
resolutions at the November 3 council meeting. Ross reviewed the resolutions with
council. He also reported another teleconference would be held on October 27 and
another meeting in Fairbanks on November 8. He reported he would teleconference
for the November meeting from the Clerk's office.
ITEM M:
,,
2004.
Forty Award.
REPORT OF THE MAYOR -- Porter reported the following:
The Consul-General of Japan would be visiting Kenai on December 1,
Reported Chuck Kopp, Chief of Police had been honored with the Under-
ITEM N:
ADMINISTRATION REPORTS
N-1. City Manager-- Acting City Manager Semmens reported the following:
· Bid packages for the Fish & Wildlife Hangar and lease property will be
sent to all who have expressed interest in it and advertised as well.
· Noted his analysis on Lots 5 and 6, FBO Subdivision was included in the
packet. He noted, council may want to schedule the issue as an agenda item at some
,
time°
· Noted the Borough had introduced an ordinance to increase the taxable
sales tax from $500 to $1,000. A brief discussion took place and it was suggested the
issue be brought forward as a discussion item in December or January, after the
council vacancy is filled and a full council is present to discuss it.
Moore asked if the Airport Commission had discussed the issue. Cronkhite reported it
i~ acheduled in the planning process with the consultants and is something they will
research and bring information forward as to benefits and other related issues.
Cronkhite added, the consultants would be meeting with her the week of December 6
and they would like a joint work se~aion with the Commission and council. Cro~te
suggested the evening of December 9.
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 13
MoOre asked for an update on the Spisak lease application. Cronkhite reported, she
spoke with him recently and discussed the lease. She reported he gave no firm
commitment as to how he wants to proceed. Council requested administration to send
a letter to Spisak, keeping communication open on the issue.
N-~.. Attorney-o Graves reviewed his memorandum (included in the packet)
relating to settlement of a CIGNA class action relating to wrongfully withheld workers
compensation policy dividends by CIGNA when it quit writing workers compensation
insurance.
N-3.
City Clerk -- No report.
ITEM O:
DISCUSSION
O-1. Citizens --
Tim Navarre -- Congratulated Porter, Massie and Moore and stated he was looking
forward to the next three years.
O-2. Council
Moore -- Congratulated Porter and Massie.
Swarner -- * Congratulated Porter, Moore and Massie.
Asked if the borough's ordinance changing the taxable sales limit was on
a fast tract. Semmens reported there were two public hearings scheduled; he would
comment at a public hearing, but not without council giving specific direction by
resolution, motion, consensus, etc. He added, it is a very difficult number to
calculate. Ross stated he wanted to wait until after the borough's first public hearing
to hear comments.
Massie -- * Stated he was looking forward to working with the council and
added, he did not intend to allow any of his involvement in the ongoing litigation
against the city interfere with his council responsibilities. Massie noted, he would
abstain from any discussions, etc. relating to thc Recreation Center litigation.
· Stated he would like to see council consider creating a student adviser
position on the council as it is a great learning tool having youth involvement.
Ross -- Congratulated Porter, Moore and Massie.
Porter -- Referred to the list of council liaison positions which was/ncluded in
the packet and requested council to review the positions and she will contact them as
KENAI CITY COUNCIL MEETING
OCTOBER 20, 2004
PAGE 14
to their preferences, etc.
Commission meeting.
Moore noted, a liaison would be needed for the next Harbor
EXECUTIVE SESSION- None Scheduled
ITEM P:
ADJOURNMENT
The meeting adjourned at approximately 9' 17 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO:
FROM'
DATE:
Linda Snow, City Manager
Jack La Shot, Public Works Manager
October 28, 2004
SUBJECT: Items for council approval November 3, 2004
We plan to have two items included in the packet for the next council packet that
warrant additional explanation. The first item is award of new flooring in the lower level
entry/lobby and weight room of the Recreation Center. The weight room was budgeted
for the current budget; and though the other area was planned for a later budget, we
recommend replacement now. We expect the current budget to be sufficient due to
savings realized with the gym floor m-finishing project. The weight room will receive a
rubber material similar to what was used at the Multi Purpose Facility, and the lobby will
receive a rubber material similar to the lobby areas of City Hall. The life of these
materials should be much greater than carpet. D~cor was Iow bidder at $17,500.
Ordinance No. 2073-2004 appropriates funds to begin remediation at our shop site.
ADEC has made a strong request that we proceed with this project. A PO for $30,000
will be in the packet to provide field sampling, analysis, reporting and an in-depth work
plan for site remediation. We also plan design of a sewer line into the site this winter
using available funds. Construction is planned for summer 2005 and is contingent upon
funding. Items of future work included in the work plan will need additional funding as
the project moves forward. Pete Campbell, our consultant with American
Environmental, and I met with ^DEC today to discuss these issues. Pete will attend the
council meeting.
The third item, which will not require a PO over $2500, involves the condensation
problem at the Multi-Purpose Facility. We have decided to coat one steel roof beam
with insulation to reduce the heat conductivity as an experiment in dealing with
condensation. Available funding limits our options for dealing effectively with this
problem.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~..,?~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~'l~!!!.~
KENAI, ALASKA
M
TO'
FROM'
THRU'
MO:
Linda L. Snow, City Manager
Marilyn Kebschull, Planning Administration
Jack La Shot, Public Works Manager
DATE'
October 28, 2004
SUBJECT'
Vacation of the 132 feet of the 33-foot right-of-way easement
for roadway and public utilities purposes along the north
boundary of Government Lot 33 - Crandall Vacation
The Planning & Zoning Commission reviewed the Kenai Peninsula Borough's
decision to grant the Crandall request to vacate the above-noted easement at
their meeting on October 27th. The Commission voted unanimously to
recommend the Council confirm the Borough's decision.
Kenai Peninsula Borough
Planning Department
144 North Binkley
Soldotna, Alaska 99669-7599
907-714-2200
toll free within the Borough 1-800-478-4441, extension 2200
FAX 907-262-8618
email' planning@borough.kenai.ak, us
October 13, 2004
RE'
KENAI PENINSULA BOROUGH PLANNING COMMISSION
NOTICE OF DECISION
MEETING OF OCTOBER 11, 2004
Vacate the west 132-feet of the 33-foot Right-of-Way access easement within the
north 33' of Government Lot 33 recorded in Book 12 Page 40, Kenai Recording
District, all within Section 34, Township 6 North, Range 11 West, Seward Meridian,
Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2004-
251; Petitioner: Gene L. Crandell of Kenai, Alaska; Location' City of Kenai
The Kenai Peninsula Borough Planning Commission approved the proposed vacation
during their regularly scheduled meeting of October 11, 2004.
The Kenai City Council has thirty days in which they may veto Planning Commission
approval of the vacation. If the Planning Diro¢tor rocoives no veto within the specified
period, the Borough shall be considered to have given consent to the vacation.
Please contact the Kenai City Clerk's office to verify the date the subject vacation will be
reviewed by the Council.
This notice and unapproved minutes of the subject portion of the meeting were sent
October 13, 2004 to:
Gene Crandall
8570 Kenai Spur Highway
Kenai, AK 99611
City of Kenai
210 Fidalgo #200
Kenai, AK 99611
Kim McDonald
Redoubt Realty
43335 K Beach Rd. #32B
Soldotna, AK 99669
ED
Road to come into the dogleg shown on the aerial photo. They would like to pull the traveled way away from the
residential home so the traffic won't be right on it.
Chairman Bryson asked if Commissioners had questions for Mr. Baker. Chairman Bryson stated that action for tonig/
meeting is only for the vacation.
Seeing and hearing no one else wishing to comment, Chairman Bryson closed the public hearing and opened
discussion among the Committee.
MOTION: Commissioner isham seconded by Commissioner Gross to approve the vacation as petitioned including the
Findings 1-8 and adding one.
VOTE: The motion passed by unanimous consent.
BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
YES YES YES YES YES YES YES
JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 12 YES
YES ABSENT YES YES YES YES I ABSENT
AGENDA ITEM F.
PUBLIC HEARINGS
.
Vacate the west 132-feet of the 33-foot Right-of-Way access easement within the north 33' of Government Lot
33 recorded in Book 12 Page 40, Kenai Recording District, all within Section 34, Township 6 North, Range 11
West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2004-251;
Petitioner: Gene L. Crandeli of Kenai, Alaska; Location: City of Kenai KPB Resolution 2004-63
Staff Report as read by Max Best
PC Meeting: 10/11/04
Purpose as stated in petition: The home is being sold, and the buyers requested that the north boundary easement be
removed for an addition to the home.
Petitioners: Gene Crandell, Kenai, Alaska.
Public notice appeared in the September 30 and October 7, 2004 issues of the Peninsula Clarion.
Ten (10) certified mailings were sent to owners of property within 300 feet of the parcels; none of the receipts had been
returned when the staff report was prepared.
Fifteen (15) regular mailings were sent to agencies and interested parties; t'n/e (5) notices were sent to KPB
Departments. The notice and maps were posted in three public locations and the Borough web site.
Statement(s) of. non-obiection
Jack LaShot, City of Kenai Public Works Manager, provided a statement of nonobjection to the vacation oflhe easement
on the northern boundary. Mr. LaShot stated that the access easement on the east side must be maintained for existing
and future right-of-way access.
Statement(s) of obiection
None were received when the staff report was prepared.
Staff discussion
The parcel affected by the subject access easement contains 0.49 acres and has limited developable area. The
property is within the City of Kenai and meets their standards for lot sizes. The lot is subject to a 33-foot access
easement on the northern border and a 10-foot DOT access easement on the eastern border in addition to the 33-foot
access easement on the eastern border. The residence is close to the northern border so it is as far away from t>
Kenai Spur Highway and the existing paved bike path as possible. Per the submittal, topography is fiat. The lot is set
by city water and sewer.
KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 11, 2004 MEETING PAGE 7
UNAPPROVED MINUTES
Findings'
.
2.
3.
4.
5.
6.
7.
8.
.
10.
SuffK:ient rights-of-way exist to serve surrounding properties.
No surrounding properties will be denied access.
Per the submittal, the right-of-way proposed for vacation is not in use for access.
Per the submittal, the right-of-way proposed for vacation has not been constructed.
The rights-of-way do not appear to be in use for utilities.
All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements.
The City of Kenai submitted written nonobjection to vacating the easement on the northern boundary.
Use of the easement could result in an intersection on Highbush Lane within 145 feet of the intersection of
Highbush Lane and the Spur Highway.
Use of the easement for alternate public access to the Spur Highway would result in two intersections on a
curve on the Spur Highway in less than 500 feet.
No portion of the easements along the east boundary are proposed to be vacated.
STAFF RECOMMENDATION: Based on the above findings, staff recornmends adoption of Resolution 2004-63, thereby
approving the vacation as petitioned, subject to:
.
Filing of the PC Resolution in the appropriate recording district with the applicant responsible for the fees for the
recording.
If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission
approval of the vacation.
DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE
GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION
MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENN, ALAS~ PURSUANT TO PART VI
OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA
BOROUGH ORDINANCE 99-43].
END OF STAFF REPORT
Chairman Bryson opened the meeting for public comment. Seeing and headng no one wishing to comment, Chairman
Bryson closed the public headng and opened discussion among the Committee.
MOTION' Commissioner Johnson moved, seconded by Commissioner Tauriainen to adopt the ten findings on pages
67-68 and adopt Resolution 2004-63 thereby approving the vacation in accordance to staff recommendations.
VOTE: The motion passed by unanimous consent.
BRYSON ' CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM
YES YES YES YES YES YES YES
JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 12 YES
YES ABSENT YES YES YES YES I ABSENT
AGENDA ITEM F. PUBLIC HEARINGS
.
Proposed Reclassification of Borough Lands Located in the Cooper Landing Area, Pursuant to KPB 17.10.080.
Staff Report read by Paul Ostrander
PC Meeting October 11, 2004
Petitioner: Kenai Peninsula Borough, Alaska.
Basis for Classification' Borough land must be classified prior to disposal pursuant to KPB 17.10.080 and KPB
17.10.090. Borough land classif'~:~d appropriately for disposal may then be offered for sale or lease. Classif'k?,ation
provides direction on how the Borough should manage its land.
_
Current Classification: Preservation
KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 11, 2004 MEETING
PAGE 8
UNAPPROVED MINUTES
,OOt
mm mm m Q~~ mm
DRAFT
THE FINAL RESOLUTION WILL BE PREPARED
AND PRESENTED AFTER CITY REVIEW.
KENN PENINSULA BOROUGH PLANNING COMMISSION
RESOLUTION 2004-63
KENAI RECORDING DISTRICT
WHEREAS, Gene L. Crandell of Kneai, Alaska, has petitioned for vacation of the west 132 feet of
the 33-foot right-of-way easement for roadway and public utilities purposes along the north boundary of
Govemment Lot 33, reserved in US Patent recorded in Book 12 Page 40 KRD, within Section 34, Township
6 North, Range 11 West, Seward Meridian; Kenai Recording Distric~ and
WHEREAS, KPB 20.28 provides for the vacalion of public rights-of-way and other public areas; and
WHEREAS, it has been determined by the Planning Commission on October 11,2004 that all
requirements have been met; and
WHEREAS, the Kenai City Council did not veto that approval when they met on (insert date),
thereby allowing the vacation to stand as approved; and
WHEREAS, the vacation does not require replatting of any vacated area, and may be
· accompi~hed by a resolution;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE KENAI PEN-
INSULA BOROUGH:
Sectio.n...1' That the 33-foot public easement reserved for roadway and public utilities purposes described
above is hereby vacated.
Section 2: That no portion of the 33-foot easement along the east boundary is vacated;
Sectiorl ~. That. this resolution is void if not recorded in the appropriate Recording District within thirty days
of adoption.
Section. 4. That this resolution becomes effective upon being properly recorded.
ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH ON THIS
DAY OF ,2004.
Philip Bryson, Chairperson
Planning Commission
ATFEST:
Mary Toll
Platting Officer
Please retum to:
Planning Department
Kenai Peninsula Borough
144 N. Binkley Street
Soldotna, ~ 99669-7599
PENINS~A CLARION
KENAI PENINSULA BOROUGH PLANNING COlVIMISSION
NOTICE OF PUBLIC HEARING
Public notice is hereby given that a petition has been received to vacate a 33-foot access
easement associated with Government Lot 33 within the city of Kenai. Area under consideration
is described as follows:
ie
Location and request: Vacate the west 132-feet of the 33-foot Right-of-Way access
easement within the north 33' of Government Lot 33 recorded in Book 12 Page 40, Kenai
Recording District, all within Section 34, Township 6 North, Range 11 West, Seward
Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No.
2004-251
Purpose as stated in petition' Selling home and buyers request north boundary easement
removed for home addition.
Ce
Petitioner(s): Gene L Crandell of Kenai, Alaska.
Public hearing will be held' by the Kenai Peninsula Borough Planning Commission on Monday,
October 11, 2004 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting
to be held in the Assembly Chambers of the Kenai Peninsula Borough, 144 N. Binkley Street,
Soldotna, Alaska.
Anyone wishing to testify may come to the above meeting to give testimony;, or may submit a
written statement to the attention of Mary Toll or Sylvia Vinson-Miller, Kenai Peninsula Borough
Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. Written testimony should
be received by the Planning Department no later than Wednesday October 6, 2004 [written
comments may also be sent by Fax to 907-262-8618]
If the Planning Commission approves the vacation, the'Kenai City Council has thirty days from
that decision in which they may veto the Planning Commission approval. Appeals from denials of.
the Planning Commission must be taken within 30 days to the Superior Court at Kenai, Alaska
pursuant to Part VI of the Alaska Rules of Appellate Procedure.
For additional information contact Mary Toll or SylVia Vinson-Miller, Planning DePartment, 262-
4441 (1-800-478-4441 toll free within Kenai Peninsula Borough).
Mary Toll
Platting Officer
PUBUSH 2X (Thumctay~, September 30 and Oclober 7, 2004)
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1:oeo - $300 nou,,,nsfnnffnl2h ~ U ~p ~ ~ ~ ~ ~ ~ pbt ~ml; will I~ ht addttinn u
C~~ Plmnni~ ~~_ Copy nfmim a~ uhlch ~ h m ~~ ~~ s ~ ~~
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hmmm h-pmb~ rmi m'~]~ mm mm in (qmi~~ ~~ , u
SubnJtduUOmldmofplasornutpabaM~smaWop(nmJfo bousamd. Mmtnoteumed I1 x l? ha:bes b sin.
haw cam n~ pubL~ right-of-guy tho
bo mmobnd m. Prulmeed dtmumivs ~ is to be shown md bimlmf on tho skmh.
Is ~ b mm~bu~u~.
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74
9-- 6--04; 2: 14PM; SOUTHCENTRAL
Ord~ N~ 1812~.
TITLE ;282 3825
SCHEDULE B
STANDARD EXCEPTIONS:
I. Encroaohrn~ts or questions of'Joottiou, boundsr~ and ares, which an acc·ram surv~ may di~olo~4, puMi= or Tnivtm eammnts, claims of e.=mmts or
eno·mix·tons which am not disclosed by tbe public records including but not limited to riSbls of the stare and/or public ia and Jo any IMflion of the land for right
of way u osmblisbed by federal mmm RS 2477; rishts or clainu of pm'sm· in poasessi~ or clsbnbJ8 to be in possession, not disclosed by t~ public records;
rrutnial or labor liens or mtutor~ Hms under State Acts not disolose~ by tl~ public mxnd~ wain' rights or ~ fehdag ~; any .emce, inmllitd~ oF
2. right of use, control or roSulalten by tl~ Unimd States of An·ica in the exoFcis~ of powuJ over navisatim; ddms, liens, ~ or other mum~
created or suffcrud by th~ inml~; rights clsims based ·pen insmmu~ts or upon facts not disclosed by the public ~ but of which rights, claims, innmnmts
3. ~ taxes not now payable; matters reistins to special ,smsmen~ and spooid levies, if ny, preceding th~ ssn~ becomin! a lien.
4. Mining claims, tuervntimu or ~nns in patrols or in Acts authmizin8 tho issuance ~.
5. Any law, ordinance or ~vuununmiresn~ ('mchdingbutnotlimiu~l to bo~in~and zoain$1sws, ontinsnees, orT~guiafimu)resUioting, roguJadnL
proln'bitin$ or ~ming to (I) tho occupancy, uso or enjoyment of the is·d; (i0 tbe olumomr, dinnmions or location of ny improvement uow oF hnuft~ erected
onthoJand; (iii) tsopm.mim inownm~ip~a~hn8~intbedin~sim~ra~mofth~jandoranyp~n~e~fwhi~hth~bndborMuaMr~; or(iv)
en~tal protection, oF tho effect of any violation of theses laws, ordinances or So~n~nmul resulalions, ~t m the ex·mt that · nmiou oflt~
enforcemmt thoFeof or · notice o£s d,.-'f~ot, lien or encu~ ruuitinS frmn a viohlion or allopd violation atfcofing th~ hud has been mcmdod in tl~ publi=
records st Dam of Policy.
6. "Consum~ Credit Pmte~on", "Truth in Lendin$" or sinn'Jar hw, or failure m comply ~ said law(t).
7. Any claim by rca·on of the opemiou of federal bankruptcy, sut~ insolvency, or similar OFedim rights' laws.
SPECIAL EXCEPTIONS:
TAXBS, if any, due the Kenai Peninsula Borough
Tax I.D. No.: 045-1704)5
2004 Asscssexi Value: $140,800.00
2004 Taxes: $1,627.68
Balance: $1,627.68
'ICA: 30
NOTE: Tax pined is fixnn Jmma~ 1" ~ De, cmnl~ 31" of each year. The 1" half/s due on or before Sepv~ber 15~ and
th~ 2'a half is due on or b~for~ November 15~. Should the l ~ half not b~ paid on or b~fo~ the 15a of Sep~er, then the entire
year amount is due ou or before October 1Sa`. Taxes are payable to and ~on,,~ by the Kc·al Penimula Borough ~ 144 N.
Binldey Street, Soldoma, AK 99669 - T¢1¢: 907-262-4441.
ASS£SSMEHI~, if any, due the City of Kc·aL
(Not~: ·tams of any sine·nm due thereunder, if any, will follow on an info~ sheet.)
RES~VA~ONS, EX~ON$ AND F. ASEMEIqTS, if any, as contained b U. S. Patent.
Recorded: May 23, 1959
Book/Page: 12/40
inciu~ but not limitmi to the following:
(A) All o~ gas and other rni,,_eral depose, in the land so patemed, together with the right to pm·peet fat, mine and remove the
sam~ accordiag to the pmvisiom ofth~ Act oflu~ l, 1938, (52 Stat. 609).
(B) _Ri.~ht ofwav not ex~edin_~ 33 feet in width, for roadway and public utilities purposes, to bo 1o~ alon~ the North ..and East
of said land.
RESERVATIONS, EX~~ONS AND EASEMENTS, if any, as contained in Mineral Patent item th~ Uni~ Sm~s of ~ca
to the State of Alaska.
~d: S~ptemb~ 27, 1982
Book/Page: 194/'/64 '
FUR~ no other examine'on of the excepted title to minerals has been made herein and no iamn'am~ nor responm'bility
therefore is implied or assumed.
Schedule B - Page 1
CITY OF KENAI
BOARDS~ COMMISSIONS & COMMITTEE
CURRENT LIAISON ASSIGNMENTS
CITY BOARDS, COMMISSIONS/h COMMITTEES
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
CURRENT
COUNCIL LIAISON
Council Member Swarner
Council Member Moore
Council Member Booker
Council Member Gilman
Council Member Porter and
Council Member Ross
Planning & Zoning Commission Council Member Bookey and
Council Member Ross
Beautification Committee Council Member Swarner and
Council Member Porter
OTHERS:
Kenai River Special Management Advisory Board (KRSMA)
Economic Development District (EDD)
Cook Inlet Regional Citizens Advisory Council (CIRCAC)
Kenai Visitors & Convention Bureau Board
Challenger Center of Alaska Board
Arctic Winter Games
City Manager Snow
Mayor Williams
John Douglas
Council Member Porter
Mayor Williams
Council Member Moore
10/15/04
WINTER ~ ~
'r Kenai Peninsula ~retie Winter Game~ 2006 ~o~t $o~ie~
,E~sut~ 2oo~ "Release the Spirit Within" TM
October 21, 2004
Honorable Mayor Pat Porter
210 Fidalgo Avenue
Kenai, AK 99611
Dear M~
Congratulations on your recent election. I know you will do a great job as
Kenai City Mayor. Also, I wanted to thank you for being able to attend the
recent dinner with the Arctic Winter Games International Committee. I
know it is important to the International Committee to develop and maintain
.a working relationship with the Mayors of the host communities.
At that dinner we briefly discussed the AWG Host Society Board of
Directors and I wanted to follow up that discussion with this letter. The
AWG Host Society Bylaws states that the Kenai City Mayor, or your
designee, fills one of the seats on the Board of Directors. In addition we
encourage all of the Board of Directors to designate an alternate as well.
Joe Moore was Mayor William's designate and Bob Frates was the alternate.
The Next AWG Board of Director meeting is November 4th at 5:30 pm.
Please let the AWG know who your choice is for the primary position'and
the alternate. You can let us know by mail or in person at the November 4th
meeting and as soon as we have a quorum we can deal with the issue.
Thanks again for your interest in the Arctic Winter Games and I look
forward to working with you on Arctic Winter Games issues.
Sincerely,
Dale BagleY
· .
~ .
Box 1659, Soldotna, AK 99669 - 907-262-2006 - 907-335-3367 - awg@awg2006.org
CITY OF KENAf
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO:
Mayor and Council Members
FROM'
DATE'
Carol L. Freas, C,ity Cler/k
City of Kenai
October 29, 200el
RE'
Appeal of Planning & Zoning Commission Denial of PZO4.43(a)-An
application for an Encroachment Permit for side yard setback for
the property known as Lot 1, Block 6, Redoubt Terrace Subdivision,
Addition No. 3 (406 South Forest Dr/ye), Kenai, Alaska. Application
submitted by F. De Wayne and Diane E. Craig, 406 $. Forest Drive,
Kenai, Alaska.
A letter of appeal was received on Friday, October 29, 2004 in the above-referenced
matter. A copy is attached for your information.
KMC 14.20.290(b)(1), "Appeals- Board of Adjustment" provides,
(1) The Board of Adjustment shall set a date for and hold a hearing on
all appeals within thirty (30) days of the filing of the appeal. However,
should the thirtieth day fall on a weekend or a municipal holiday, the
hearing may be scheduled for the next following weekday which is not a
municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). Notice of the
time and place of such hearing shall be mailed to all parties interested
and to all property owners within 300 feet of the property involved at
least ten (10) days prior to the hearing.
Please set a Board of Adjustment hearing for the above-referenced matter. The
hearing date limit falls on Saturday, November 28, 2004. The council meeting of
November 17, 2004 is the only regular council meeting falling within the 30-day
period. Notices must go to property owners within 300 feet "...at least ten (10) days
prior to the hearing."
clf
Note' There were comments from council after the last more controversial hearings
that future hearings of more controversial nature should be held separate from council
meeting dates.
_
_
clf
Attachment
./
14
21
28
November' 2.004
8
Harbor Commis-
sion, 7p, Coun-
cil Chambers
MEETZN6 SCHEDULE
3
City Council
Meeting, 7p,
Council
Chambers
15
22
29
2
Library Commis-
sion, 7p, Coun-
cil Chambers
State/Federal
Election
9
Beautification
Committee, ?p,
Council
Chambers
16
23
3O
10
Planning &
Zoning CommJs,
sion, 7p, Coun-
cil Chambers
17
City Council
Meeting, 7p,
Council
Chambers
24
Planning &
Zoning Commis
sion, ?p, Coun-
cil Chambers
Council on
Aging, 10a,
Senior Center
Parks & Recre-
ation Commis-
sion, 7p, Council
Chambers
11
HOLIDAY/CITY
OFFICES
CLOSED
Airport Commis-
sion, 7p, Coun-
cil Chambers
18
25
HOLIDAY/CITY
OFFICES
CLOSED
SMTWT F S
I 2
3 4 5 6 7 8 9
10 11 12 13 14 1:5 16
17 18 19 20 21 22 23
_ 24 25 26 27 28 29 30
31
13
2O
27
~ber
S MTWT F S
19
26
HOLIDAY/CITY
OFFICES
CLOSED
I 2 3 4
:5 6 7 8 9 10 11
12 13 14 1:5 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
Proposed Capital Improvements
2006 AWG
Kenai Ice Multi-Use Facility'
" October 22, 2004
Mandatory Upgrades:
* Radiant Heating, specific to covered team benches
and/or spectator bleachers
* Lighting in compliance to City & AWGIC standards
* Move two existing team moms outside structure
* Construction of two additional heated team rooms
* Compliant, completion of existing structural shell
* Expanded / additional Girls & Guys Washrooms.,
Portable shower facilities placed outside structure
Add four more sets of bleachers inside structure ·
( Possible movement from Softball Fields )
Note:
The.( * ) denotes permanent improvements to the overall complex.
Ancillary Upgrades:
+ Snack Bar
+ Skate Sharpening (Rental)
Pro Shop
Foyer/Lobby
+ Ticketing Office
+ Facility Office
Note:
The ( + ) indicates usage of portable trailer per tempOrary Upgrade.
At this point in preparing'for the 2006 Arctic Winter Games it appears a
concerted effort be initiated and made in finalizing all designs, plans, timelines
and construction phases .for this venue in order to facilitate "test events", in it's
completed form for' Speed Skating and: Hockey no later, than October, 2005.
Test Events are an AWGIC requirement for any venue which has to be
constructed,' or altered in order to meet standards of expectation for any
particular sport or competition. Preliminary review and examination of this facility
will come Via AWGIC in March 2005, and June 2005. A final review of the
completed venue, and the other capital projects listed in the Kenai Peninsula
Arctic Winter Games 2006 will occur in October of 2005.
The only ancillary upgrade i believe to be paramount to the facility for the Games
is the Snack Bar. My recommendation on this issue is due only to the point that
any revenue generated at this location will support the local community's sports '
programs while providing a service to those who attend the venue's activities.
PBESENT FACILITY
/ I '
Kenai Central Hgh ,~hool
200 yard.s (62~)
Team Room 1
Team Room 2
Girls Restroom
Boys Restroom
Resurfacer room
6' Resurfacer room
Challenger
Learning
Center
Page'7
FACILITY FEATURES IF AWARDED GAMES
BUT WITHOUT PHASE THREE OF OVERALL
BUILDING PLAN COMPLETE
I
Covered playerbo~eswith radiant heaters
I I
~ TEMPO~Y SEATING FOR 400-600~,
1411'31 ..... !'2il ~.1
1 Team Room 1
2 . Team Room 2
3 Team Room 3
4 Team Room 4
5 Girls Restroom
6 Boys Restroom
7 Resuffacer Room
8 Refrigeration Room
Kenai Central High School
200 yards (~2m)
Sports - Hockey
Page 8
KENAI ICE RINK
FACILITY FEATURES WITH PHASE
LETE
Bevated i~nn.~ing
Track
Covered playerboxeswith radiant heaters
~ PERMANENT SEATING FOR 600-800~
'~ /
10 12:13J14J
"~l~n
11 ai Central I-igh S~hool
I Team Room 1
2 Team Room 2
3 Team Room 3
4 Team Room 4
5 Girls Restroom
6 Boys Restroom
7- Resurfaoer Room
8 Refrigeration Room
9 'Skcrl'e Rental
1 0 pro Shop
11 Snack Bar
1 2 Lobby
1 3 Ticketing Office
1 4 Control Office
15 Facility Office.
200 yards (62m)
Sports- Hockey
Page 9
r
..
. iii
i
Message
Page 1 of 3
Hayes, Chris
From: Andrew Carmichael [acarmichael@ci.soldotna.ak. us]
Sent: Thursday, September 23, 2004 I0:55 AM
·
To: chaYes@awg2006.org .."
Subject: Emailing: header._iocker, htm
as long as we are looking?????
Home Back to Shower Trailer Page
NEW! Locker Room Shower Trailers
We'll deliver these Locker Room Shower Trailers anywhere in the Continental US
It's ali inside...a complete locker room.
10/27/2004
Message
Page 2 of 3
Spacious changing area with 32 locker units.
With solid materials, this environment is bui
Locker Room Shower Trailers
The all-in-one Locker Room' Shower Trailer gives you all the features of a complete I
These units feature 8 private shower stalls, 32 lockers with bench, sinks, mirrors, u
and toilet.
'Size: 8'x 48'
Versions: All Male or All Female.
Other Features:
Conditioning
Propane-fired boiler sYstem, On-board water storage, Heati
Requires 240 Single Phase/60 amp.
Don't forgeL..we'll deliver these Locker Room Shower Trailer ur,
ANYWHERE iN THE CONTINENTAL USA ~.!
Lockers
,!,.:~?i' ? ! Urinal
Sinks & Mirrors
8 Stainless .Shower Stalls ..iri::".?"':
...BOik
HOME
Mobile Showers Toilet Rentals Quote/Order Form Road Barders
Special Events ".Event Services DAILY Construction Service Area Map_
Site Designed and Maintained by: ~ martin barker design
About Us/Contac
References
· 10/27/2004
t'orm t~leen Mo~le 8t~ower 'l railers
Page 1 of 2
Home
Back to ShoWer. Trailers
Mobile S. hower Tr ai'lers
We'll deriver these Mobile Shower Units anywhere in the Continental USA'I!
Mobile Shower Trailers
The all new Porta Kleen Mobile Shower Units have opened a whole new level of ser
comes to outdoor events. Fully self-contained, these units feature private showe
dressing moms, sinks, mirrors and electric outlets'.
Size- 8' x 53' (16 stalls) or 8'x 48' (14 stalls)
Features' Private stalls, Private dressing moms with benches, Propane-fired boiler ~
board water storage, 14 or 16 stalls per trailer.
6 sinks, 6 mirrors and electrical outlets are located outside the trailer.
On-board diesel generator and 2600 gallon 'greywater storage~
Don't forget.., we'll deliver these shower units
ANYWHERE IN THE CONTINENTAL USA!!
http ://www. portakl een. co m/header_showers.html
· 10/27/2004
l-Ol-tii lklCCI1 1¥10Dl1¢ ~nowcr ! raners
t'age 2 oI 2
Walkw, ay
HOME Mobile Showers Toilet Rentals Quote/order Form Road-Barders
_Special Events Event Services DAILY Construction Service Area Map_
Site Designed and Maintained by: martin barker design
About uS/contac
References
http:l/www, portakleen.com/header_showers.html
10/27/2004
Page 1 of 2
Hayes, Chris .~
From' Olivia PhilliPs [oliviaphillips2003@yahoo.com]
Sent: Wednesday, OCtober 27' 2004 1 ~:~7 AM
To' chayes@awg2OO6.org "
Subject:* Porta Kleen' ,
·
Chris,
Thank you for inquiring about Porta Kleen and our mobile shower trailers for your event in 2006.
Following is pricing and information:
16 stall shower trailer ~ .$1500.00 per day per trailer
This trailer includes:
-16 private shower stalls each with their own private dressing room
-6 sinks with mirrors and electrical outlets, that sit outside the trailer
Transportation fee of $1.75 per mile per trailer from our location in Lancaster, OH to yours and back
plus any other freight charges. Or we can discuss about shipping .them later.
· Some helpful information about our shower trailers:
The 'all shower.trailer has tWo. 1300 gallon bladders for.gray water. These trailers can be directly
plumbed into a sewer system if aVailable, which is ideal and more cost effective for you. Otherwise, it is
your responsibility to f'md a'-way to have the bladders emptied.·.
·
The fresh water tank on the all shoWer holds 1300 gallons. Each'shoWer head uses about 2' gpm. It is
your responsibility to find a suitable water, source. We dO have an on board pump.that can'be used to ·
pull water into the boiler system. There are several water sources that we can use: fire hydrant, garden
hose, holding tank, water tmck...we can adapt to about anything.. The boiler system (which provides hot
water in two minutes and guarantees hot water the entire time)runs on propane. There are three '80
gallon tanks.on board each trailer. If the tanks, mn out of propane during the rental, you will be
responsible to refill them,
Finally,'the miler runs on 60-amp 220V single phaSe. The 16 stall shoWer trailer has an on board
generator which can be rented for an additional cost plus the diesel fuel.
Please let me know if you have any questions or if you would like fiu'ther information. Thanks again for
your interest!
Sincerely,
Olivia .Phillips
'Marketing Manager
800-972-3800
740-808-1518 (mobile)
10/27/2004
MEMORANDUM
CITY OF KENAI
211) FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7555
FAX 907-283-3014
TO'
Linda L. Snow, City Manager
FROM: Keith Kornelis, Public Works Manager ~.,
October 28, 2004
Lawton Drive - Swires to Golf Course
DATE'
SUBJECT:
The developer, S.A.C. Services, completed the paving on Lawton Drive Extension on
Saturday, October 23,, 2004. The City was not notified. The Installation Agreement with
the developer states that he will notify the City when the improvements are complete.
We have not received such notice. After we receive the notice, we will schedule an
inspection of the improvements.
The agreement states that the developer shall retain an engineer to administer the
construction, prepare the plans and specifications, inspect and control the quality of the
work, and prepare as-built data.
The 12" water main has been installed, and the City has received "Record Drawings"
from McLane Consulting Group, the developer's engineer for the public water service.
The City of Kenai needs'
1. Final as built drawings from McLane that includes all improvements.
2. A letter from McLane stating that the required improvements have been properly
completed. The improvements include: 1.) 12" water main, 2.) paved extension of
Lawton Drive, 3.) telephone service, 4.) electrical service, and 5.) natural gas
service.
The letter should also state that the water main line extension and the paved
extension of Lawton Drive meets the City specifications.
3. A final inspection of the improvements attended by the developer, engineer, and the
City. The developer needs to correct any deficiencies found by the inspection. I
have noticed some items that need to be corrected during a cursory observation of
the project.
Linda L. Snow, City Manager
Page 2
October 28, 2004
The agreement also states:
The DEVELOPER shall warrant the design, construction materials and
workmanship of the Improvements against any failure or defect in design,
construction, material or workmanship which is discovered no more than
one year from the date the CITY notifies the DEVELOPER of the
acceptance of the Improvements.
This project has taken a long time to complete. With just a little more effort from
the developer, engineer, and the City, this project can be successfully completed.
KK/jet
cc:
Cary Graves, City Attorney
Shawn R. Anderson, S.A.C. Services
P.O. Box 3284
Soldotna, AK 99669
McLane Consulting Group
38280 Kenai Spur Highway
Soldotna, AK 99669
MEMORANDUM
TO:
FROM:
City Council
Larry Semmens, Finance Director
THRU:
Linda Snow, City Manager
DATE: October 25, 2004
SUBJECT: Investment Report
At September 30, 2004 the City had investments with a market value of $33,080,548. The portfolio yield
was 2.60%. The breakdown of types of investments held is:
US Agency Securities
AML Investment Pool
Bank Balance ,
$30,790,664
$ 1,926,463
$ 363,421
Surprisingly, interest rates are declining again. During the quarter the 2 year treasury has dropped from
2.79% to 2.49%. The rate of return on the portfolio is about the same as it was throe months ago, but this
is mostly due to a lack of activity. We have had very few maturities or new purchases in the portfolio. Call
volume could increase if rates continue to decline.
My base strategy of investing is to buy and hold. As cash is available I invest it at the best rates available
within the time frames necessary to meet cash flow needs. Some of the secudties in the portfolio am
callable, which means the issuer can redeem the security for the par amount at their option. A call
generally only occurs when rates are falling, which means that the investor will reinvest at a lower rate of
interest. On a very infrequent basis I sell a security to meet cash flow or to increase yield by purchasing
another higher yielding investment. If you have any questions or comments about the City's investments
please contact me. A copy of the portfolio is attached.
CITY OF KENAI
CITY OF KENAI
INVESTMENTS
September 2004
SECURITY
original cost
Current year cost or
06130/04
Market Value
Current EFFECT. DATE DATE
Market Value RATE PURCH. DUE
AT
MATURITY
(PAR)
FHLB 3.8
FHCI 9.5O
FHLB 1.54
FHLMC 2.5
FHLMC 2.3
FHLB 2.124
FNMA 2.125
FHLB 2.1
FHLB 2.0
FHLB 2.1
FHLB 2.32
FFCB 1.93
FHLB 1.86
FHLMC 2.0
FHLMC 3.0
FHLMC 3.0
FNMA 3.25
FNMA 2.5
FHLB 2.32
FHLMC 2.85
FHLMC 3
FHLB 3
FNMA 2.5
FHLB 3.13
FNMA 4.02
FHLB 3.5
FHLB 3.0
$994,400.00
$ 46,100.53
$ 998,059.00
$ 1,000,000.00
$998,000.00
$1,000,000.00
$999,990.00
$ 2,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,501,171.88
$ 999,750.00
$ 1,490,888.75
$ 1,000,000.00
$ 2,000,000.00
$ 1,000,000.00
$ 3,004,500.00
$1,000,000.00
$995,000.00
$995,000.00
$999,500.00
$1,000,000.00
$996,500.00
$989,700.00
$986,268.00
$994,500.00
$1,000,000.00
$1,011,880.00
$ 53,198.12
$ 991,25O.OO
$ 992,6OO.OO
$994,690.00
$99O,940.OO
$990,310.00
$ 1,978,120.00
$ 987,5OO.OO
$ 988,75O.0O
$ 1,488,285.00
$ 98O,63O.OO
$ 1,469,300.95
$ 985,O6O.OO
$ 2,000,940.00
$ 994,400.00
$ 3,011,250.00
$987,810.00
$977,810.00
$995,0O0.0O
$988,75O.00
$987,810.00
$977,5OO.OO
$990,000.00
$1,001,250.00
$975,63O.OO
$1,000,000.00
1,006,560.00
53,498.46
993,440.00
995,940.00
997,440.OO
994,38O.OO
994,690.00
1,986,880.00
992,190.00
992,810.00
1,493,910.00
985,94O.OO
1,478,181.25
990,860.00
2,008,040.00
999,990.00
3,005,640.00
995,630.00
986,560.00
991,880.00
999,060.00
997,500.00
988,440.00
999,38O.OO
1,006,560.00
995,000.00
1,000,940.00
4.00 2/8/2002 2/8/2005
7.69 8/22/2000 8/112005
1.63 8/5/2003 8/5/2005
2.50 12/15/2003 12/15/2005
2.40 1/912004 1 ~9~2006
2.12 2/18/2004 1/30/2006
2.13 1/28/2004 2/10/2006
2.10 2/24/2004 2/24/2006
2.00 2/27/2004 2/27/2006
2.10 3~8~2004 3/8~2006
2.28 3/10/2004 3/10/2006
1.94 3/17/2004 3/1512006
2.00 4/7/2004 4/7/2006
2.00 4/12/2004 4/12/2006
3.00 5~26~2004 5/26~2006
3.00 6/8/2004 6~8~2006
3.17 6/28/2004 6/28/2006
2.50 8/11/2003 8/11/2006
2.47 7/17/2003 12/19/2006
3.05 8~25/2004 2/23/2007
3.02 4/28/2004 4~27~2007
3.00 4~27~2004 4/27/2007
2.62 3~8~2004 3~8~2007
3.42 9~3~2003 5/21/2007
4.33 8/27/2003 8/18/2008
3.63 3/412004 12/26/2008
3.00 9/28/2004 9/28/2009
1,000,000.00
52,942.56
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,500,000.00
1,000,000.00
1,495,000.00
1,000,000.00
2,000,000.00
1,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
SUB TOTAL
$30,989,328.16
AML POOL
$1,926,463.27
$32,915,791.43
REPO
$363,420.44
TOTAL
$33,279,211.87
$30,790,664.07
$1,926,463.27
$32,717,127.34
$363,420.44
$33,080,547.78
$30,931,339.71
$1,926,463.27
$32,857,802.98
$363,420.44
$33,221,223.42
1.46
1.45
31,047,942.56
1,926,463.27
363,420.44
33,337,826.27
TOTAL CURRENT YIELD 2.60%
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
NOVEMBER 3, 2004
o
10 / 22 / 04 Eric B. Wilcox letter regarding personal property taxes on boats.
.
10 / 26 / 04 Public Works Department, Project Status Report.
.
10 / 20 / 04 Kenai Municipal Airport, Grant Report.
o
Alaska Congressional Delegation, Report to Kenai and $oldotna.
Ocfober 22, 2004
Attn' City Council Members
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
RE: Personal Property Taxes on Boats
Dear City Council Members,
This year, as I was prompted to pay my personal property taxes on my
boat, I was shocked to find that my boat tax was more than a person
would pay to keep their aircraft within the City of Kenai.
In my investigations, the borough reported that they have a $50.00 tax on
boats of the size that I own, and my billing showed that the City of Kenai
was taxing me $149.63 (see attachment). If I stored the boat outside the
City limits of Kenai, I would save $149.63, as this tax would not apply to me.
This does not promote people to keep their boats inside the City limits of
Kenai.
Upon further investigation, I found that the City of Kenai has not reviewed
this personal property tax for quite some time. It has not been brought to
the attention of the Kenai City Council, nor has a formal request for review
been sought. The boat tax needs to be brought into alignment with the
other personal property taxes.
Please consider this a formal request to re-evaluate the current boat tax
and how it is calculated. I feel boats are taxed at a high rate and that
they should be brought into alignment, as the aircraft tax recently was.
This will ensure that boat owners within the City of Kenai will be treated in
a fair and equitable manner.
I look forward to seeing this on the City Council's Agenda. Thank you for
your time and consideration with this request.
Attachment
20O4 TAX BILL
I1,1,,I,i,,,11,,,,,i1,,,111,,I,,,,1111,,,,11,,I,1,,I
WZLCOX ERZC B
416 MCCOLLUM DR
KENAZ AK 99611-8106
80355-1
BOAT VALUE 33250 I
CLSS 3 BOAT 1 I
$100K BORO
I
·
·
30 KENAI 33250 4.50
50 BOROUGH 6.50
51 CENTRAL HOSP 1.00
69 KPC .10
149.63
42.76
6.58
.66
:rioFTOTAI i~)_ue/Credit 12- to 'Current , 14-q-~3 .~o_oo
o. oo Penalty: o. oo
rotal Due: ~99.63
·
Please Return This Coupon with Second Half Payment
No second half statement will be mailed
WILCOX416 MCCOLLuMERIC BDR I Tax Account Number
KENAI AK 99611-8106 ,, 80355-1
J 2'nd H.II Amount Due'
· '-. .' .... 99'81
.-. - '"" Seoond Half. DUe.. By :November:15 . ....
-~~ii~KENAI PENINSULA
BOROUGH
~": .... .---~ 144~ N. Binkley Street
Soldotna, AK 99669
1-907-262-4441 or toll free withi~
the Borough 1-800-478-4441
VVVV~V. BOROUGH. KENAI.AK. US
Taxes are payable when billed. Payment in full is due
on or before October 15 and becomes delinquent
thereafter. At the opt. ion of the taxpayer, taxes may
be paid in two equal installments. If the taxpayer
elects this option, the first one-half of the taxes
payable must be paid on or before September 15.
The second one-half taxes then become due on or
before November 15 and become delinquent th~-reafter.
If the first one-half of the taxes payable e~ paid
by September 15, payment of the taxes in .}om(
due on or before October 15. Envelopes mus, post-
marked on or before the due date to avoid penalty ane
interest charges. The Borough does not assume respon-
sibility for timeliness of postmarks. Additionally, if
your assessment declaration form was filed late or
involuntarily for either personal or business property
a 10% late filing penalty has been 'added to your
account.
NO FURTHER NOTICES WILL BE MAILED UNLE~<
YOUR TAX. ACCOUNT BECOMES DELINQUENT.
Penalty and interest are calculated as follows: Late
payment penalty of 5% of the taxes due shall be adde
to all delinquent taxes on the day they become
delinquent and an additional penalty of 5% of the taxa
due shall be added to any tax more .than 30 days
delinquent. Interest shall be calculated at 10% per
year from the date that the taxes would have ordinaril!
come due in accordance with KPB 5.12.190(A).
Failure to receive a tax bill does not relieve the
taxpayer of responsibility for timely payment or
constitute cause for cancellation of penalty, interest
or costs in cases of delinquency.
mmmmmmmmmmmmmemmi'~m"~'mlm'mmm-mmmmm~mmm~mmm,~mmmmmmm.~-m.~m
Change of Mailing Address
Owner Name
~/ZLCOX ERIC B
iiiii uI ii i i
Mailing Address
i , i i ii . _~
(~it~' ' Stat~; Zip
Property OWners Signature
.
Project status Report
A/NC/F/ City Contact Prejeet Name
A JL
Airport Security Fencing
A=Active
NC=Non-Construction
F=Future
STIP=State Trans. Imp
KK - Keith Kornelis
JL - Jack La Shot
RS - Robert Spdnger
MK - Madlyn Kebschull
Jet - Jan Taylor
Status
Setting up meeting to negotiate price reductions.
A JL
Airport Security System
Project nearly complete.
A MK
Airport Supplemental Planning
Assessment
Project awarded to DOWL. Tentatively planning
joint work session with consultants, council, and
airport commission for 12/9.
A JL Airport Taxiway "H" Access
Parking
On hold.
A JL
A JL
Airport Terminal Modifications
Contaminated Soils- Shop
Curbs and sidewalks complete. Waiting for paving
and canopies.
Work plan submitted. Received ranking for loan
fund - could be funded if City chooses to.
Reappropdated $151,314. Prepared grant
description. ADEC has requested that we begin
sedous work.
A JL
Daubenspeck Environmental
Site Assessment
Final report has been received. UST removal
report received and submitted to ADEC.
A JL
FBO Subdivision Lots 5 & 6
Waiting for appraisal and council decision to
continue.
A JL
Kenai AP ARFF/SRE Facility
Neady closed.
A KK Kenai Boat Launch
Improvements
Received $350,000 grant. Nelson & Associates
are working on the design.
Tuesday, October 26, 2004 Page I of 3
A/NC/F/
A
City Contact
KK
Project Name
Kenai Coastal Trail
Status
The Corps study is scheduled to be completed
next month. It will then be reviewed by ali
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. Received status
report June 23, 2004.
A KK
Miscellaneous Paving
Completed paving at VVVVTP. Municipal Parking
Lot, S. Spruce Terminus, & E. End Trail. Project
complete.
A JL
Multi-Purpose Facility
Analyzing best venting methods. No major funding
available.
A JL
Parallel Taxiway
Field work underway - design starting.
A JL
Runway Extension
Environmental Assessment
Project on hold until AP Supplemental Planning
Assessment complete.
.A KK
S. Spruce Wetlands Protection
Concrete piles were placed along S. Spruce. Trail
from Municipal Park to beach completed but needs
some repairs. Landing and rails at top of bluff
stairs complete. Signs still need to be installed;
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 soon.
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. Additional sampling & reports requested by
ADEC.
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.
a KK
Water Main WH4 to Swires
Nelson working on design.
Tuesday, October 26, 2'004
Page 2 of 3
A/NC/F/ City Contact
A KK
Project Name
WH 4
Status
Working with DNR on land purchase issues.
Evaluating the two pilot test programs on water
treatment.
F KK
Ames & Dunes Road
Kenaitze Indian Tribe paving roads with curbs,
gutters, and sidewalks.
F KK
Boating Facility Exit Road
The City is working on possible land trade for an
exit road. Received appraisal on land.
F KK
Culvert Repairs S. Spruce &
Boat Launch Road
Have applied for two matching grans from U.S.
Fish & Wildlife Service.
F JL
Maintenance Shop
Preliminary plans and specifications complete.
F 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.
F JL
Senior Kitchen
Met with Rasmusson representative.
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.
Tuesday, October 26, 2004 Page 3 of 3
'D
0
0
ALASKA CONGRESSIONAL DELEGATION
REPORT TO KENAi AND SOLDO.TNA
Dear Fellow Alaskan:
We are pleased to report that the Senate has approved
projects~lor--the~enai Peninsula Borough in excess of
$50 million. Below iS'a short list of a few of the projects Lisa
' I~'rkowski and i havo. i~cluded in the Senate fiscal year
~,~005 appropriations hies that will benefit the people of th
~~~rk is still underway on several e
prog s, so th~s list does not yet include most
transportation projects or programs in the Departments of
Labor, Health and Human Services, or Education. When
Congress reconvenes in November, we will complete work
on the bills with joint House-Senate conferences to work out
differences between the two versions of the bills, Don
Young will work with us to ensure the House suPports many
of these important Alaska projects during those negotiations.
VOLCANOES
At Mt. Spurr and other volcanoes in the area continue
their steady seismic activitg, it is important to have in space
both a monitoring system to determine when an eruption
might occur, but also.an ash tracking system to allow aimmft
to fly into and out of the area safely. We have provided $4.2
million for the United States Oeological Survey to continue
this work in conjunction with the Alaska Volcano
Obse~ato~. In addition, another $4 million has been added
at our request to the FAA budget bill.
HOMELAND SECURITY- DISASTER PREVENTION
t, lomeland Security __qraqt~: The Homeland Secudty
bill, must signed into la TM this month, included funds for ~tate
and local government to improve their ability to respond to
throats to our homeland security. Alaska will receive over
$20 million, and most of that money must be allocated to
local governments like the Kenai Peninsula Borough and city
governments.
_L._and Mobile Radio: In addition, Lisa and l have
provided $1~75 million in the Justice Department budget for
the Alaska Land Mobile Radio program just for the Kenai
Peninsula. That money will be available to buy interoperable
radio equipment compatible with all other state and federal
radio systems. Additional money has been included for the
State of Alaska to' provide the statewide network and for the
Department of Defense to integrate into the system.
Avalanche Miti ation: $200,000 has been included in
the U.S. Forest Service budget at our request to prevent
avalanches in the Chugach National Forest. These funds will
enable the Alaska Railroad and others to shoot down
avalanches using surplus military munitions before they
become a hazard to human life and our transportation
infrastructure.
SPRUCE BARK BEETLE INFESTATION
._'!'me Removal: At your request, we have.provided an
additional-S3.1 million to remove d.e.ad and dying timber to
create fire breaks around commun~bes and clear power
rights of way for Homer Electric and other utilities. Another
~ ~ z'ao-~v'~ ,~0. 7822
?. 4
$1 million has been added for tree removal in the Chugach
National Forest. Emergency funds have been added to
ensure that adequate firefighting capability is on hand next
year in the event of another bad fire season.
Smoke Control: Lisa and I are working on legislation
to address the s~nok~ infiltration we suffored this past
summer. We are exploring ways to reduce smoke output,
protect homes and other buildings from smoke infiltration,
and a medical alert and treatment system for people who
suff~r from heart and respiratory disease.
Reforestation: Again this year, $300,000 has been
included in the budget to allow disadvantage youth to plant
trees in fire ravaged area. This program run by Cook Inlet
Tribal Counci} has planted hundreds of thousands of trees
on the Kenai Peninsula since its inception.
TOURISM
Visitor Centem: The Interior Department bUdget
includes-$~ million to begin work on a new visitor centor for
the Russian River. Funds have also been provided to
continue work on a new joint interagency visitor center for
the City of Seward.
Whistle Sto Cam in : We are ali excited about
another new program that will promote ecotourism along the
Alaska Railroad corridor. $1.6 million has been added to the
budget for backcountry construction for a whistle stop
camping program along the Railroad' right of way. Campers
be able to g~t off the train at predetermined locations where
trails and cabins will be available to facilitate their stay on the
Peninsula.
At the national level, $40 million
has been added to the budget at our request to promote
tourism in overseas markets, particularly Europe. The
national tourism promotion board we established includes
among its members, Chris Von Imhohf of Girdwood who will
look out for ^laska~s interests.
TRANSPORTATION UPGRADES
Hiehway bill: Don Young and Lisa Murkowski
continue work on the national highway bill reauthorization.
Under the bills that are currently pending, Alaska would
receive a big boost in funding under the national formula -
over $300 million a year- and many of those funds would be
destined for the Kenai Peninsula, one of the fastest growing
areas in the entire state.
: The Senate transportation bill
includes important money for the Kenai Peninsula. Last
year, the Transportation Appropriations bill enacted into law
included $940i000 to upgrade the Kenai airport. This year,
in addition to $ . 14 million to upgrade the air traffic control
system at the Kenai Airport with ATCT technology, the
measure includes funding for runway lights fer both Seldovia
and Soldotna. The bill says that of the $8 million provided to
the State of Alaska for runway lights, Seldovia and Soldotna
will be given the highest priority. We have also identified
Kenai as eligible to receive airport discretionary, grants.
Williams ort Pile Road: Work has not yet be. en
completed on the fiscal year 2005 Transportation b~ll's
highway accounts. Last year,_ Congress agreed to our
request for $3 million for the Williamsport Pile Bay road in
the Kenai Peninsula Borough. We hope to provide
additional funds this year. Last year's measure also
included $5 million for the Funny River bridge. But due to
controversy among local residents, I have agreed to
mallocate those funds to the Williamsport Pile Road until
local issues surrounding the bridge can be resolved.
Fern_Service: Funds were provided last year to
construct a new ferry connecting Anchorage and the
Matanuska Susitna Valley. The ferry, which will be
constructed over the next two years, will of[or commuter
service in the mornings and afternoons, but midday it will
also serve the Kenai Peninsula. Stops at Pt. Possession
and Kenai are under consideration.
Last year we also added $2 million to begin the design
phase of a f~rr~ system that will connect Homer, Seldovia,
and Jakolof Bay. Lockheed Martin is currently conducting
that work. We hope to fund the construction phase of the
work this year.
FISHERIES AND FISH HABITAT PROTECTION
Cook_ Inlet fishin_q as~ist-_nce: The Commerce
Department budget includes $1 million again this year for
Cook Inlet fishing assistance to help fishing f~milies.
Wild salmon promotion- The Agriculture Marketing
Service is directed to issue grants to organizations in Kenai
and other regional marketing groups to brand and promote
wild salmon. That provision is included in the Agriculture
Appropriations measure which has been approved by my
Appropriations Committee.
=
We have added $15 million in a different bill to promote
wild salmon and other Alaska seafood. Those funds am
administered by a statewide marketing board, and
organizations on the Peninsula am eligible for those funds.
That is in addition to $10 million provided last year.
Halibut management: Again this year, $500,000 has
been added for haibut data collection. Additional funds have
been made available for the International Halibut
Commission.
_Kenai River Center: Last year Congress approved
$500,000 for operation of the Kenai River Center. $750,000
have been approved by the Senate at our request again this
year, an increase of 50 percent.
Restoration of.the Kenai River: An effort near and
dear to my heart is restoration of the Kenai River. The
Senate has included $1 million to continue this effort again
this year in the Department of Commerce budget.
Alaska SeaLife Center: The Senate has agreed to
our request for~avariety of funds for the Alaska SeaLife
Center in Seward totaling over $10 million. $2.5 million has
been approved for marine mammal .and seabird research in
the Department of the Interior budget, $1 million has been
added to rescue stranded marine mammals, and $7 million
has been included for operation of the Center. Funds am
also under consideration to restore historic salmon runs in
Resurrection Bay that would return to the SeaLife Center to
spawn, both to enable researchers to study salmon in their
final phase of life and as a visitor attraction.
LOCAL GOVERNMENT
Seldpvia..water_and_sewer upgrade: The EPA budget
includes $600,000 to upgrade and improve Seidovia's water
and sewer system.
Payments in Lieu of_T_p.xes' The Senate approved
record funding levels for the Payment in Lieu of Taxes
program. Under the PILT programs, local governments
which include large amounts of non-taxable federal lands
within its borders, receives payments to make up for the loss
of tax payments it would otherwise receive. Because of the
Kenai Fjords National Park, the Kenai National Wildlifo
Refuge, and the Chugach National Forest, the Kenai
Peninsula Borough is entitled to a significant sham of those
funds.
Department of Revenue State of Alaska
Tax Division, Gaming Group 2005 Amended Gaming Permit Application
PO Box 110420 AS 05.15.020
Juneau, AK 99811-0420
Telephone 907.465.2320 This form is also available on the Interact at www.tax.state.ak, us/forms.asp
ORGANIZATION INFORMATION
I Federal EIN I Permit Number '
. ~ Date Stamp
p phone Number
COMPLETE ONLY IF THERE IS A CHANGE IN ADDRESS
I Mailing Address IFax Number'
City 'State JZip Code IE-Mai, Address
~ERSONS IN CHARGE OF GAMES. Persons must be designated INflective Date of Change
Q'~/I New ~ma~,p0 I~Member's Name [I Effective Date of Change active,j~,berS~ew)~ltema~Of theMember, sOrganization,Name or an employee of thel municipality.
. ISoca'al Secl~rity Nu oe IDaytime Phone Number
I~icial ~ecurity Number . IDaytime PhOne Number r"'"~ 'l~/'~i' m. r
Home Mailing Address Home Mailing Address
City, State and Zip Code City, State and Zip Code
Has the primary member taken and passed the test? r~Yes [--]No Has the alternate member taken and passed the test? DYes DNo
Permit number under which the test was taken. Permit number under which the test was taken.
,
MANAGER OF GAMES. As defined in 15 AAC 160.995 and 15 AAC 160.365.
I Manager's Name ,/~/~ , Social Security Number IDaytime Phone Number
Home Mailing Address City, State and Zip Code
GAME TYPE. (Use for completing information below.)
O ~,~go F--] Deep Freeze Classic [~ King Salmon Classic O Snow Machine Classic
~ Raffles O Dog Masher's Contest D Mercury Classic D Special Draw Raffle
r-i Puli-Tabs r-'i Fish Derbies r-I Race classic ['-I Animal Classic (Rat Race)
r-! Contest of Skill D Goose Classic F"] Rain Classic D Animal Classic (Chicken)
D Canned Salmon Classic D Ice Classic D ' Salmon Classic
ACTIVITIES CONDUCTED BY ORGANIZATION
Facility Name Physical Address Game Type Is Facility
' Leasecl
~'Z/~//~, ~/ Donated
S~ecial Draw Raffle: (A detailecl description is required, attach a'separate sheet if necessary.)
_ _
CHANGE OF VENDOR (Puli-Tabs are the only games a vendor can conduct.) Vendor Registration and Fee must be attached.
Name of Vendor Physical Address
De~ete .
CHANGE OF OPERATOR
Name of Operator Physical Address Game Types Op. Lic. #
Add
Delete /'~/~
CHANGE TO OR FROM MULTIPLE.BENEFICIARY PERMITTEE
Name of MBP Physical Address Game Types MBP Permit
Delete
THESE QUES,~~NS MUST BE ANSWERED. (if you answer yes to either question, please submit the persons name and position of responsibility.)
r-]Yes ~:~No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a
~- violation of a law or ordinance of this state or another jurisdiction that is a cnme involving theft or dishonesty or a violation of gambling laws?
OYes [~No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as
defined by 15 AAC 160.954?
We declare under pen_a_l.ty of unsworn falsification, that we have examined this application, including any attachments, and that to the best of our knowledge and
belief, it is trUe and ~6'~mpi'ef'e. We understand that any false statement made on this application or any attachments is punishable by law.
"/ .f /, '.~ ,
! Pnmary bllafnber'e'/S~ r, le~re/' /
IPreside¥~ Or Vice--'Pr~~Signature IPfinted Name-
Form ¢_~07"~R~,v 09/04)
Two Copies of this application must be sent to all applicable municipalities and boroughs.
MAKE PACKETS
COUNCZL PACKET b]:$TR]:BUT]:ON
COUNCZL MEE~NG DATE:
Ma¥o~/Council Attorney ,,/' TayIo~/$p~in~le~/Kebschull
Clerk / City Mana~e~ ~' Public
Police Department ~ Finance ~/ En~lineer
Senior Cente~ ~ Airport ~ Kim
Library ~- Pa~ks & Recreation ~ Clarion
Fire Deportment ¢ 5chmidt ~ Mellish
VISTA ~ ~~~ ~ ~~
AGENDA DISTRIBUT3:ON
Sewe~ Treatment Plant Streets
Shop bock
Buildin[1 ~intcn~nc¢ Animal Control
Water/Sewer Counter
DELIVER
Council Packets to Police Department Dispatch desk.
The Clarion, Ol$on, Mellish & 5chmidt'$ Office will pick thei~ packet up in my
office. The portion of the agenda published by the Clarion should be emailed as
soon as possible afte~ Noon on packet day. The came~a-~eady agenda
c:/myfile$/document$/minute$/agenda fo~m fo~ paper)is emailed to Denise at
Pcn/nsu/a ~/a~ion (at email folde~ Work Session~Special Meetings, o~ Composition in
Contacts o~ Ibell~acsalaska.net). Home Page documents (agenda, ~esolutions,
o~dinance$ fo~ public hea~ing, and o~dinances fo~ introduction) a~e usually emailed
to me and Z hold them in my HTML file. Place them onto the city's web$ite with
F~ont Page f~om the~e as soon as possible before leaving the office fo~ the
weekend.
~ AGENDA
'~, '~ KENAI CITY COUNCIL- REGULAR MEETING
~,:~-..'x~ NOVEMBER 3, 2004
~~~~~ 7:00 P.M.
~:~ ,/~ KENAI CITY COUNCIL CHAMBERS
Emu.~tun http ://www.ci.kenai.ak. us
5:00 P.M. --COUNCIL WORK SESSION/INTERVIEW OF COUNCIL
APPOINTMENT CANDIDATES
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Proclamation -- Kenai Central High School Football Team.
2 Robert J. Molloy-- KPB Ordinance No. 2004-36, Amending KPB
5.18.430, Sales Tax Computation -- Maximum Tax, by Increasing it
From $500 to $1,000.
3. Cheri Smith, ExecutiVe Director, The LeeShore Center-- Request
for Donation.
ITEM F: COUNClLAPPOINTMENT
1. Selection of Appointee
2. Appointee/Oath of Office
ITEM G: ELECTION OF VICE MAYOR
ITEM H: PUBLIC HEARINGS
1. Ordinance No. 2072-2004 -- Amending KMC 14.20.245 by Adding
Section d(4) to Prohibit Parking of Recreational Vehicles on Private
Property That Has No Principle Permitted Structure Except as
Otherwise Allowed Under KMC 14.20.245(e).
2. Ordinance No. 2073-2004--Increasing Estimated Revenues and
Appropriations by $151,314.05 for Shop Site Remediation.
3. Resolution No. 2004-57 -- Supporting Resolutions 2004-1 Through
2004-6 Adopted by the Municipal Advisory Group in Their Advisory
Role to the State of Alaska Under the Stranded Gas Act.
4. Resolution No. 2004-58 -- Awarding the Bid to Dbcor Industries, Inc.
for Kenai Recreation Center Flooring Replacement - 2004 for the Total
Amount of $17,500.
ITEM J: OLD BUSINESS
ITEM K: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. Approval -- Vacation of the West 132 Feet of the 33-Foot Right-of-
Way Access Easement Within the North 33' of Government Lot 33
Recorded in Book 12, Page 40, Kenai Recording District, All Within
Section 34, Township 6 North, Range 11 West, Seward Meridian,
Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File
No. 2004-251; Petitioner: Gene L. Crandell of Kenai, Alaska; Location:
City of Kenai.
4. Discussion -- Council/Commission Liaison Assignments
5. Discussion -- Schedule Board of Adjustment Hearing/Appeal of
Planning & Zoning Commission Denial of PZ04-43(a)- An Application
for an Encroachment Permit for Side Yard Setback for the Property
Known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3
(406 South Forest Drive), Kenai, Alaska. Application Submitted by F.
DeWayne and Diane E. Craig, 406 S. Forest Drive, Kenai, Alaska.
EXECUTIVE SESSION -- None Scheduled.
ITEM P: 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 D876/211
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 1
FIRST VOTE:
VOTING SKEET
Candidate
Candidate
Voter's
Signature
Candidate
Candidate
Voter's
Si_~gnature
VOTE:
Candidate
Candidate
Voter's
Si_~~ature
· !
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 1
FIRST VOTE:
VOTING SHEET
Candidate
Candidate
Vot~l"s
Si~~nature
Candidate
Candidate,
Voter's
Signature
Candidate
Candidate
IVoter's
Signature-~,
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 2
SECOND VOTE:
VOT1N6. SHEET
,
Candidate
Candidate
Voter's
Signature
Candidate
Candidate
Voter's
Signature-
Candidate
Candidate
Voter's
Signature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 2
FIRST VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Signature
/! 4
SECOND VOTE:
VOTING SHEET
candidate
Candidate
Voter's
Signature
Candidate
Candidate
Voter's
Signature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 3
THIRD VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Signature
Candidate
Candidate
Voter's
Signature
Candidate
Candidate
Voter's
SiEnature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 3
THIRD VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
SiEnature
THIRD VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Signature
FOURTH VOTE:
,
Candidate
Candidate
Voter's
SIKnature
VOTING SHEET
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 4
FOURTH VOTE:
VOTING SItEET
Candidate
Candidate
Voter's
Signature
FOURTH VOTE:
VOTING SIiEET
Candidate
Candidate
Voter's
Signature
VOTING SHEET
FOURTH VOTE:
Candidate
,Signature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 4
VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Si_~nature
FOURTH VOTE:
VOTING SHEET
Candidate
Candidate
Voter*s
Signature
FIFTH VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Signature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 5
FIFTH VOTE:
VOTING SHEET
Candidate
Candidate
Vo~er*s
Signature
FIFTH VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Si_~~ature
Candidate
Candidate
Voter's
St~~nature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 5
FIFTH VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
~ Signature
FIFTH VOTE:
VOTING SHEET
Candidate'
Candidate
Voter's
Signature
SIXTH VOTE:
-.
VOTING. SHEET
Candidate
Candidate
Voter's
Signature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 6
SIXTH VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Signature
SIXTH VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
Signature
SIXTH VOTE:
VOTING SHEET
·
Candidate
Candidate
Voterts
Signature
Kenai City Council- Regular Meeting
November 3, 2004
Item F Council Appointment
Vote 6
SIXTH VOTE:
VOTING SHEET
Candidate
Candidate
Voter's
StEnature
VOTE:
VOTING SHEET
Candidate
Candidate
VoteF's
Signature
SEVENTH VOTE:
VOTING.
Candidate
Candidate
Voter's
Signature