HomeMy WebLinkAbout2005-02-16 Council PacketKenai
City Council
Meeting Packet
February 16,
2005
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
FEBRUARY 16, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www, ci.kenai, ak.u s
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Ail items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B'
SCHEDULED PUBLIC COMMENTS (10 minutes)
,
James D. Hudson, CLMT-- Licensing of Massage Therapists
.
Brenda Pilgrim-Ahlberg, Boys/k Girls Club -- Project Protect
.
Gerald R. Brookm__an/Rtchard Hahn -- McNeil River State Game
Sanctuary and Refuge/Hunting Closures
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D'
REPORTS OF KPB ASSEMBLY, LEGISLATORS_ AND_ COUNCIL-__~
ITEM E:
REPORTS OF KENAI CONVENTION ~ VISITORS _IIUI~R_&U
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F:
PUBLIC HEARINGS
.
Ordinance 2080-2005 -- Adopting KMC 23.40.010(b) to Create an
Employee Classification for Employees Hired Under the "Mature
Alaskans Seeking Skills Training" (MASST) Program.
.
Resolution No. 2005-06 -- Authorizing the City Manager to Enter Into a
Bar/Lounge Concession Agreement for the Kenai Municipal Airport.
,
*Liquor License Renewal-- Peninsula Moose Lodge # 1942/Club
,
*2005 Liquor License Continuance -- WITHDRAWAL OF PROTEST
Amy & George Bowen d/b/a One Stop.
ITEM G:
.
ITEM H:
ITEM I:
.
e
,
o
,
ITEM J:
.
2.
3.
4.
5.
6.
7.
ITEM K:
ITEM L:
Xe
MINUTES
*Regular Meeting of February 2, 2005.
OLD BUSINESS
Discussion-- Lawton Acres Update
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai
Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone
{LCZ) and Amending the Land Use Table for All Zones in KMC 14.22.010
by Adding Two New Land Uses and Amending Three Others.
*Ordinance No. 2082-2005 -- Amending KMC 14.20.290 to Require
Notices of Board of Adjustment Hearings be Sent by Certified Mail to the
Appellant and Any Applicant for a Permit Being Appealed From at Least
Fifteen (15) Days Prior to the Hearing; Allowing the Board of Adjustment
for Good Cause to Set the Public Hearing Date Up to Sixty (60) Days After
the Filing of the Appeal; and, Updating and Clarifying Other Portions of
the Appeal Process.
Approval -- Council on A~ing By-Law Amendment
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
City Manager
Attorney
City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM N:
ADJOURNMENT
MAYOR'S REPORT
FEBRUARY 16, 2005
REGULAR COUNCIL MEETING
CHANGES TO THE AGENDA
REOUESTED
BY:
ADD TO'
ITEM H-l, Lawton Acres Update:
· 2 / 15 / 05 M. Kebschull memorandum
reviewin~ DOWL En§ineers comments related to the
proposed Lawton Acres development.
· 2 / 15 / 05 T. Potter, DOWL Engineers
memorandum commenting on the proposed Lawton
Acres development.
· Lawton Acres: Conceptual Planning
drawing.
CITY MANAGER
SUBSTITUTE:
ITEM I-2, Purchase Orders Exceeding $2,500 --
Adding $8,000 to existing purchase order to
Jackson Enterprises for airport fuel.
FINANCE/
AIRPORT
CONSENT AGENDA
No changes.
MAYOR'S REPORT
o
REMINDER: Update on Knik Arm Ferry, 11'00 a.m., Monday, February 28,
2005 in the Council Chambers.
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SIGN IN SHEET
NAME
ADDRESS
James D Hudson CLMP
205-B S. Willow St.
Kenai, Alaska 99611
RE: licensing of massage therapist
Jan. 14, 2005
Kenai City Council
Ladies and Gentleman,
I have been a licensed massage therapist since 1999 and set up a practice in Kenai at that time. I
have continued my education to maintain my national certification. I am running into many
blocks when it comes to having clientele being able to submit their claims when they have
medical prescription for massage. The city of Kenai has a wide verity of businesses that do
carry insurance for their employees plus the general public that spend out of their own pocket for
insurance to enable their families good quality coverage when and if needed. '
I would like for you to require all massage therapist in the city limits of Kenai to be licensed.
This way we who are licensed would be classified as health care givers and would be able to send
in insurance forms for our clients so they would not have so much taken out from their income.
As it stands right now anyone who would like to hang out a shingle and do massage can and do.
Massage therapist who have taken proper schooling are a valuable tool in a persons healing
progress.. Many doctors and chiropractors know the value of massage before and after
adjustments for their clients. I have quite a few clients who come with prescriptions but with out
the city making it a requirement to be licensed the insurance companies do not have to pay for it.
The State of Alaska does not have a law for massage therapist to be licensed or certified to work.
Although I understand, that this is being looked into, however as it stands now it falls on city by
city. Anchorage, Fairbanks and Juneau all require a license to set up a practice, I fully believe
Kenai should be next to step up. We are a growing city, this would be just another small reason
why people could look to the Kenai when looking for a new home.
Thank you for your consideration and time.
Sincerely,
Jim Hudson, CLMT
Chapter 10.40 SERVICE ESTABLISHMENTS
I0.40.010 Massage t~cense requ~reO' issuance.
· 10.40.015 Prohibited acts ~v noiders of aduit-onemed establishment license or massage license.
'I0.40.020 Private detectives--Agency license: qualifications of employees.
10.40.025 Private detectwes--License. (,Repeaiect)
!0.40.030 Private detectives--Certification by chief of police.
10.40.035 Private detectives--Exemptions from I~cens~ng requirements. (Repeaied}
10.40.040 Private detectives--Prohibited acts.
10.40.045 Private detectives--Definitions.
10.40.050 Adult-oriented establishment license' physical layout of premises' conduct of bus,ness.
10.40.010 Massage license required; issuance.
A. No person may engage in the business of providing or otherwise provide as a
service to the public, massages or related services as an owner, operator, employee or
contractor, or massage therapist without first obtaining a massage practitioner license
from the municipal clerk, unless such person is a health care provider.
1. No person may engage in the business for hire, either profit or nonprofit, of
providing flagellation as a method of massage, unless authorized under their
licenses to provide such services as a health care provider currently licensed
under AS Title 8.
B. No person shall advertise, use the title of or otherwise hold themselves out as a
massage therapist, masseuse, masseur or massage practitioner unless such person is
licensed to provide massage or massage-related services under this section or is a
health care provider.
C. For purposes of this section, the following terms shall have the meanings indicated
in this subsection:
1. Massage means the treatment of the human body by soft tissue
manipulation, methodical pressure, friction or the kneading of the body through
the use of techniques including but not limited to effleurage, petrissage, friction or
tapotement, but not including flagellation, as those terms are defined in a
recognized medical dictionary such as but not limited to Taber's Cyclopedic
Medical Dictionary, 17th edition, F.A. Davis Company, 1989.
2. Massage practitioner means a person who is licensed or is qualified for a
license to provide massage or massage related services under this section.
3. Health care provider means a health care provider who holds a current,
valid license issued under AS Title 8 , including chiropractors, naturopaths,
physicians, nurses, physical therapists and other such health care providers, who
are authorized under this license to perform massage therapy as a part of their
licensed practice.
4. Engaging in the business of providing massages or related services means
administering for compensation or hire massages or a method of treating the
superficial parts of the human body through physical contact with or by rubbing,
stroking, kneading, tapping, rolling, pounding or vibration for the purposes of
relaxation, hygiene or improvement of physical appearance, muscle tone or
circulation.
D. License.
.
A massage practitioner licensee must be 18 years of age, provide verified
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Chapter 10.40 SERVICE ESTABLISHMENTS
Page 2 of 12
evidence that such licensee is a massage practitioner and fill out a form supplied
by the municipal clerk containing such other relevant information as the
municipal clerk may require.
a. The municipal clerk may issue a massage practitioner license, valid
for two years, to a massage practitioner fulfilling the qualifications set
forth in subsection D.2 of this section.
b. The municipal clerk may issue a massage practitioner license, valid
for one year, to any massage practitioner meeting the qualifications set
forth in subsection D.3 of this section.
2. To qualify for a license under this section, an applicant for a license shall:
a. Have graduated from a post-secondary education school of
massage therapy, approved by any state, which required the successful
completion of a program of at least 500 hours of supervised instruction;
b. Hold a current, valid license as a massage practitioner from another
state that regulates massage practitioners or massage therapists and
defines massage, massage practitioners and licensed massage
practitioners on a basis substantially similar to this section; or
c. Hold a current certification as a massage therapist by a national
certification board or a national certification program for massage and
body work meeting standards similar to those for persons currently
licensed under AS 8.84 as a physical therapist.
3. An applicant may also qualify for a license under this section, provided the
applicant, as of the effective date of the ordinance from which this section
derives, shall either:
a. Have two or more years' experience personally providing massages
under the direct supervision of a massage practitioner qualified under
subsection D.2 of this section or a health care provider;
b. Be known to a massage practitioner qualified under subsection D.2
of this section or a health care provider to have a combination of two or
more years of practical experience and education in massage therapy;
c. Have either graduated from a degree or certification program or
successfully completed 250 hours of massage therapy training from a
post-secondary education school of massage therapy approved by any
state; or
d. Have matriculated into any post-secondary education school of
massage therapy approved by any state provided that the applicant
successfully completes at least 125 hours of supervised instruction in
massage therapy prior to June 1, 1996, and 125 hours of such instruction
per year thereafter until qualified for a massage practitioner license under
subsection D.2 of this section;
and submits a verified certification from either a massage practitioner qualified
under subsection D.2 of this section or from a health care provider which attests
to the education, training and experience claimed by the applicant and to the
adequacy of such education, training and experience to qualify a person to
provide massages.
4. Nothing in this section shall require a person owning or operating a
massage business to obtain a license under this section provided such person
does not personally provide massages or hold himself or herself out to the public
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as personally providing massages or as a massage therapist.
5. This section shall not apply to employees of a health care provider when
providing massages on the health care premises and under the direct
supervision of a health care provider.
(CAC 6.28.040; AO No. 78-23; AO No. 85-26; AO No. 94-38(S-2), § 1, 7-12-94; AO No. 94-230
(S-1), § 1, 1-31-95)
10.40.015 Prohibited acts by holdem of adult-oriented establishment license or
massage license.
A person
license may not:
holding an adult-oriented establishment license or a masseur/masseuse
A. Operate the business or engage in the licensed activity between the hours
of 2:00 a.m. and 6:00 a.m.
a.
Lock patrons inside any part of the premises dudng business hours.
C. Solicit for another person, engage in or offer to engage in an act of
prostitution, cunnilingus or fellatio with a business invitee.
D. Intentionally expose their genitals to a business invitee or intentionally
touch the genitals of a business invitee.
(CAC 6.28.050; AO No. AO No. 93-157(S-6), § 2, 5-1-94)
10.40.020 Private detectives-Agency license; qualifications of employees.
A. License required. No person may engage in or represent himself to be engaged in
the business of operating a private detective agency without first obtaining an
appropriate license from the municipal clerk.
B. Application for license. The application for license shall contain, in addition to other
required information, the present and previous occupations of the applicant and the
names and addresses of his present and former employers. If the applicant is a
corporation, the application shall contain the required information for and shall be signed
by each member of its board of directors. The persons signing the application shall
swear to the truth of applicable statements before a person authorized to administer
oaths.
C. Qualifications of employees. No private detective agency may employ a person as
a pdvate detective unless the person:
.
Is 18 years of age or older.
.
Is not addicted to namotics, dangerous drugs or intoxicants.
3. Has not been convicted of a felony within two years, nor of a misdemeanor
involving a~ault or dangerous weapons within one year.
4. Has not been convicted of a crime involving moral turpitude, assault with a
dangerous weapon, traffic in narcotics or dangerous drugs or traffic in women for
immoral purposes within ten years.
D. Qualifications of licensee. A license may not be issued under this section unless
the applicant possesses the qualifications for a private detective under subsection C of
this section.
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Chapter 10.40 SERVICE ESTABLISHMENTS
Page 4 of 12
(CAC 6.28.060; AO No. 84-138(S), 1-1-85)
10.40.025 Private detectives-License. (Repealed)
(AO No. 84-138(S), 1-1-85)
10.40.030 Private detectives--Certification by chief of police.
The chief of police shall review all applications for private detective agency licenses and
certify those applicants whose past criminal history, if any, does not preclude them from
censure under Section 10.40.020, and whose contemplated activities are in compliance with
the provisions of this title. A licensee shall obtain the same certification for each person whom it
employs as a private detective.
(AO No. 84-138(S), 1-1-85)
10.40.035 Private detectives-Exemptions from licensing requirements. (Repealed)
(AO No. 84-138(S), 1-1-85)
'10.40.040 Private detectives-Prohibited acts.
A person who is or has been an employee of a detective agency may not divulge to a
person other than his employer any information concerning the customer or client acquired in
the course of his employment or from a coemployee, or any information concerning the work,
business or affairs of the detective agency.
(CAC 6.28.090)
10.40.045 Private detectives-Definitions.
As used in Sections 10.40.020 through 10.40.040, the term "private detective" means a
person who engages in the business of making investigations for remuneration concerning any
of the following matters:
A. Cdmes or criminals or discovering information or evidence relating to
crimes or criminals.
B. The identity, location, character or activities of a person or thing.
C. The habits, conduct, movements, whereabouts, associations, transactions,
reputation, credibility or character of a person.
D. The cause, origin or responsibility for a fire, accident or injury to real or
personal property.
E. The truth or falsity of a statement or representation.
F. Evidence to be used before an investigating committee, board of award or
arbitration or in the trial of a civil or criminal case.
(CAC 6.28.100)
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10.40.050 Adult-oriented establishment license; physical layout of premises;
conduct of business.
A. Definitions. For the purpose of this section, the following words and phrases shall
have the meanings indicated in this subsection:
Adult-oriented establishment, or adult business, shall include, but is not limited to, adult
bookstores, adult motion picture theaters, adult mini-motion picture establishments, adult
cabarets, physical culture studios, massage parlors, escort services, or similar type businesses
where, by the nature of the business, minors under the age of 18 are denied entry, or
businesses which are prohibited by law from having minors or unaccompanied minors on the
premises for reasons other than the sale of liquor. If a premises, whose primary business is
overnight lodging, offers adult movies via a cable, closed circuit or pay per view system, in the
absence of any other adult entertainment activities, the availability of such movies, does not
render the business an adult-oriented establishment for the purposes of this section.
Adult bookstore means an establishment having as its stock in trade, for sale, rent,
lease, inspection or viewing, books, films, videocassettes, magazines or other periodicals which
are distinguished or characterized by their emphasis on matters depicting, describing or relating
to specified sexual activities, or specified anatomical areas, as defined in this section, and in
conjunction therewith have facilities for the presentation of adult-oriented films, movies or live
performances, for observation.
Adult cabaret means a cabaret which features topless dancers, strippers, male or female
impersonators, or similar entertainers. An adult cabaret does not include an establishment
licensed for sale of alcoholic beverages.
Adult entertainment means any exhibition of any motion pictures, live performance,
display or dance of any type, which has as its dominant theme, or is distinguished or
characterized by an emphasis on, any actual or simulated specified sexual activities, or
specified anatomical areas, as defined in this section.
Adult mini-motion picture theater means an enclosed building with a capacity of less
than 50 persons used for presenting material having as its dominant theme, or distinguished or
characterized by an emphasis on, matters depicting, describing or relating to specified sexual
activities, or specified anatomical areas, as defined in this section, for observation by patrons
therein.
Adult motion picture theater means an enclosed building with a capacity of 50 or more
persons used for presenting material having as its dominant theme, or distinguished or
characterized by an emphasis on, matters depicting, describing or relating to specified sexual
activities, or specified anatomical areas, as defined in this section, for observation by patrons
therein.
Escort service means a person or business that furnishes, offers to furnish or advertises
to furnish escorts for a fee, tip or other consideration or prohibits .service to or entry onto their
premises of minors under the age of 18. Escort service shall not include computerized or
telephonic services which do not allow access to the premises by customers.
Operators means any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
Physical culture studio or massage parlor means an establishment where minors are not
allowed which:
a. Provides any of the following services for hire or compensation:
1. Baths or bathing facilities;
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Chapter 10.40 SERVICE ESTABLISHMENTS
Page 6 of 12
.
.
.
.
Steamrooms, saunas or related facilities;
Modeling or modeling facilities;
Services involving the use of conditioning or exercise equipment;
Massage or related services; and
b. Does not have a license for the practice of a profession or vocation licensed
or regulated under AS Title 8 or which provides services through persons acting
as employees, independent contractors or otherwise who do not have a current
license to provide such services pursuant to AS Title 8.
Specified anatomical areas means:
a. Less than completely and opaquely covered human genitals, pubic region,
buttocks, and female breast below a point immediately above the top of the
areola.
b. Human male genitals in a discernible turgid state, even if opaquely covered.
Specified sexual activities means simulated or actual:
a. Showing of human genitals in a state of sexual stimulation or arousal.
b. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia,
sado.-masochistic abuse, fellatio or cunnilingus.
c. Fondling or erotic touching of human genitals, pubic region, buttock or
female breasts.
B. License required; transfer of license.
1. Except as provided in subsection B.4 of this section, from and after May 1,
1994, no adult-oriented establishment shall be operated or maintained in the
municipality without first obtaining a license to operate issued by the municipal
clerk.
2. A license may be issued only for one adult-oriented establishment located
at a fixed and certain place. Any person, Partnership or corporation which desires
to operate more than one adult-oriented establishment must have a license for
each. The requirements of Section 21.45.240 will apply to each location.
3. No license or interest in a license may be transferred to any person,
partnership or corporation.
4. All adult-oriented establishments existing on February 16, 1994, must
submit an application for a license within 60 days of such date. If an application
is not received within such date, then such existing adult-oriented establishments
shall cease operations.
5. No person shall advertise or offer services regulated by this chapter unless
they are licensed to provide such services pursuant to this chapter.
C. Application for license.
1. Any person, partnership or corporation desidng to secure an adult-oriented
establishment license shall make application to the municipal clerk. The
application shall be filed in triplicate with, and dated by, the municipal clerk. A
copy of the application shall be distributed promptly by the municipal clerk to the
municipal police department and to the applicant.
2. The application for a license shall be upon a form provided by the municipal
clerk. An applicant for a license shall fumish the following information under oath:
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a. Name and address.
b. Written proof that the individual is at least 18 years of age.
c. The address of the adult-oriented establishment and the name of the
business to be operated by the applicant.
d. If the applicant is a corporation, the name of the corporation, the
date and state of incorporation, the name and address of the registered
agent and the name and address of all shareholders owning more than
five percent of the stock in the corporation and all officers and directors of
the corporation.
3. Within 21 days of receiving an application for a license the municipal clerk
shall notify the applicant whether the application is granted or denied.
4. Whenever an application is denied, the municipal clerk shall advise the
applicant in writing of the reasons for such action. If the applicant requests a
hearing within ten days of receipt of notification of denial, a public hearing shall
be held within ten days thereafter before the municipal clerk, as provided in this
section.
5. Failure or refusal of the applicant to give any information relevant to the
investigation for the application or his refusal or failure to appear at any
reasonable time and place for examination under oath regarding the application
or his refusal to submit to or cooperate with any investigation required by this
section shall constitute an admission by the applicant that he is ineligible for such
license and shall be grounds for denial thereof by the municipal clerk.
Standards for issuance of license.
1. To receive a license to operate an adult-oriented establishment, an
applicant must meet the following standards:
a. if the applicant is an individual:
(1) The applicant shall be at least 18 years of age.
(2) The applicant must have not been convicted of a violation of
this section or any of the offenses listed in subsection I.l.f(1) of
this section within the two years immediately preceding the date of
application.
b. If the applicant is a corporation:
(1) All officers, directors and stockholders required to be named
under subsection C.2.d of this section shall be at least 18 years of
age.
(2) The applicant must have not been convicted of a violation of
this section or any of the offenses listed in subsection I. 1.f(1) of
this section within the two years immediately preceding the date of
application.
c. If the applicant is a partnership, joint venture or any other type of
organization where two or more persons have a financial interest:
(1) All persons having a financial interest in the partnership,
joint venture or other type of organization shall be at least 18
years of age.
(2) The applicant must have not been convicted of a violation of
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Chapter 10.40 SERVICE ESTABLISHMENTS
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this section or any of the offenses listed in subsection I.l.f(1) of
this section within the two years immediately preceding the date of
application.
2. The location for which the license is sought must meet the requirements of
Section 21.45.240 or comply with that section as an existing nonconforming use.
Provided however, that any structural changes required to comply with the
physical layout requirements of subsection J of this section shall not terminate an
existing nonconforming use right.
E. License fee. A license fee of $300.00 shall be submitted with the application for a
license. If the application is denied, the fee shall be returned.
F. Display of license. The license shall be displayed in a conspicuous public place in
the adult-oriented establishment. Any premises licensed under this section shall also
post a notice at all entrances that such premises are premises where minors are not
allowed.
G . Reserved.
H. Renewal of license.
1. Every license issued pursuant to this section will terminate at the expiration
of one year from the date of issuance, unless sooner revoked, and must be
renewed before operation is allowed in the following year. Any operator desiring
to renew a license shall make application to the municipal clerk. The application
for renewal must be filed not later than 60 days before the license expires. The
application for renewal shall be filed in triplicate with and dated by the municipal
clerk. A copy of the application for renewal shall be distributed promptly by the
municipal clerk to the municipal police department and to the operator. The
application for renewal shall be upon a form provided by the municipal clerk and
shall contain such information and data, given under oath or affirmation, as is
required for an application for a new license.
2. A license renewal fee of $300.00 shall be submitted with the application for
renewal. In addition to the renewal fee, a late penalty of $100.00 shall be
assessed against the applicant who files for a renewal less than 60 days before
the license expires. If the application is denied, the renewal fee only shall be
returned.
3. If the municipal police department is aware of any information bearing on
the operator's qualifications, or that of the applicant's employees, that information
shall be filed in writing with the municipal clerk. Approval or clearance by the
municipal police department is not a prerequisite to the issuance of a license
under this chapter.
I. Revocation of license.
1. The municipal clerk may revoke or suspend a license or permit for any of
the following masons:
a. Discovery that false or misleading information or data was given on
any application or material facts were omitted from any application.
b. The operator violates any provision of subsection J. 1 .b.2 or K of this
section or any rule or regulation adopted pursuant to this section.
c. The operator becomes ineligible to obtain a license or permit.
d. Any cost or fee required to be paid by this section is not paid.
e. Any intoxicating liquor or other alcoholic beverage is sented on the
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premises of the adult-oriented establishment.
f. The licensee, manager or designated representative, is convicted of
the following offenses at the location to which an adult business license
has been issued:
(1) Involving any of the following offenses as described in
Chapter 8 of the Anchorage Municipal Code:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Assignation for prostitution;
Prostitution;
Offedng to secure another for prostitution;
Maintaining a place of prostitution;
Owning or leasing a place of prostitution;
Coercing another to become a prostitute;
Violation of Section 8.50.010, relating to prohibited
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performances and exhibitions to minors;
(h) Violation of Section ~.50.020 , relating to
disseminating indecent material to minors; or
(i) Violation of Section 8.50.040 , relating to sexual
exploitation of minors.
(2) The fact that a conviction is being appealed shall have no
effect on the revocation of the license.
g. Any of the reasons set forth in Section 10.10.035.
2. The transfer of a license or any interest in a license shall automatically and
immediately revoke the license.
3. The municipal clerk, before revoking or suspending any license or permit,
shall give the operator at least ten days' written notice of the charges against
him, and the opportunity for a hearing before the municipal clerk, as provided in
this section. In deciding whether to revoke or suspend a license or permit the
municipal clerk may consider remedial measures taken by the licensee or
permittee.
4. Any person whose license has been revoked under this section may apply
for a new license when they have met the qualifications required for new license
applicants.
Physical condition of premises; sanitation requirements.
1. Booths, rooms or cubicles for private viewing. Any adult-oriented
establishment having available for customers, patrons or members any booth,
room or cubicle for the private viewing of any adult entertainment must comply
with the following requirements:
a. Access. Each booth, room or cubicle shall be totally accessible to
and from aisles and public areas of the adult-oriented establishment, and
shall be unobstructed by any curtain, door, lock or other control-type
devices except in compliance with subsection J. 1 .b.(2) of this section.
b. Construction. Every booth, mom or cubicle shall meet the following
construction requirements:
(1) Each booth, room or cubicle shall be separated from
1/14/2005
Chapter 10.40 SERVICE ESTABLISHMENTS
Page 10 of 12
adjacent booths, rooms and cubicles and any non-public areas by
a wall.
(2) Each booth, room or cubicle which is tiffed with a curtain or
door shall be configured so that when the door is closed or curtain
drawn the entire room may be observed with an unobstructed
view from outside of the room. No such door may be locked. If the
door or curtain, when closed, obstructs the view of any portion of
the room such condition constitutes a violation of this subsection.
(3) All walls shall be solid and without any openings, shall be
extended from the floor to a height of not less than six feet, and
shall be light colored, nonabsorbent, smooth textured and easily
cleanable.
(4) The floor must be light colored,
textured and easily cleanable.
nonabsorbent,' smooth
(5) The lighting level of each booth, room or cubicle, when not
in use shall be a minimum of ten footcandles at all times, as
measured from the floor.
c. Occupants. Only one individual shall occupy a booth, room or
cubicle at any time. For the purposes of live performance or other live
adult entertainment only, the one person per booth limit shall not apply.
No occupant of any booth, room or cubicle shall engage in any type of
sexual activity, or cause any bodily discharge or litter while in the booth.
No individual shall damage or deface any portion of the booth.
2. Physical culture studios and massage padors. The licensee of any adult-
oriented establishment which is a physical culture studio or massage pador shall
keep licensed premises clean and sanitary. Clean towels, sheets and linens shall
be provided for each patron receiving massage services. Disinfecting agents and
sterilizing equipment sufficient to ensure the cleanliness and safe condition of all
equipment shall be provided and used.
3. Exte#or
.
Se
a. Shall be maintained in a neutral tone to conform with surrounding
building appearance.
b. Building will be repaired and maintained in a timely manner.
c. Fences to be maintained in conforming appearance and maintained
in good condition.
Parking lots and grounds.
a. To be maintained in safe and clean condition.
b. Grounds to be kept clean and not used for outdoor storage..
c. All refuse removed weekly.
Signage, in addition to the requirements of Title 21.
a. Each business shall be limited to one sign per entrance.
b. Each sign shall be no larger than 20 square feet.
c. No neon, reader or mobile signs.
d. All signs shall conform to extedor decor requirements.
http://library6.m~code.com/gateway.dll/ak/alaska/1 / 194/201 ?f~emnlato_eq:~-_,4 ....... .
6. Ingress or egress. An operator may not have his/her business premises
connected by any means of ingress or egress with premises occupied by an
establishment selling or dispensing alcoholic beverages.
a. Appropriate window coverings to maintain conforming appearance
(no foil, sheets, boards, et cetera).
b. Premises to be maintained in a clean and sanitary manner.
c. The operator shall maintain at least ten footcandles of light in the
public portions of the establishment, including aisles, at all times.
However, if a lesser level of illumination in the aisles shall be necessary
to enable a patron to view the adult entertainment in a booth, room or
cubicle adjoining aisles, a lesser amount of illumination may be
maintained in such aisles, provided, however, at no time shall there be
less than one footcandle of illumination in such aisles, as measured from
the floor.
d. Each business shall comply with annual inspections for the
following:
i. Health.
ii. Fire.
Ko
iii. Building.
iv.
Other Code compliance.
Responsibilities of operator.
1. Every act or omission by an employee constituting a violation of the
provision of this section shall be deemed the act or omission of the operator if
such act or omission occurs either with the authorization, knowledge or approval
of the operator, or as a result of the operator's negligent failure to supervise the
employee's conduct, and the operator shall be punishable for such act or
omission in the same manner as if the operator committed the act or caused the
omission. Such acts or omissions can be considered in determining whether to
revoke, suspend or renew a license.
2. No employee of an adult-oriented establishment shall allow any minor to
enter, to loiter around or to frequent an adult-oriented establishment or to allow
any minor to view adult entertainment as defined in this section.
3. No licensee shall have any other license or permits for games of chance to
be played or sold on that premises licensed as an adult business.
4. Licensees who operate physical culture studios or massage parlors must
keep records of treatments given and the names of masseurs or masseuses
giving such treatments. Such records, as well as the premises of the business
establishment, shall be subject to administrative inspection by municipal officers
as permitted under this title.
L. Review of actions on license. Review of the grant, denial, renewal, nonrenewal,
suspension or revocation of a license shall be in accordance with Section 10.10.035 and
Chapter 3.60.
M. Penalties and prosecution. Any person who is found to have violated this section
shall be fined a definite sum not exceeding $300.00 and such conviction shall result in
the revocation of any license. The municipal clerk shall notify the administrative official,
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Chapter 10.40 SERVICE ESTABLISHMENTS
Page 12 of 12
as identified in Section 21.25.030 , of any convictions for violations of this section.
Whenever a particular establishment is the location of two or more violations of
subsection I of this section for which the licensee is responsible under subsection K. 1 of
this section occurring within a 24-month pedod, the administrative official shall proceed
against the use entitlement under Section 21.25.030.
N. Enforcement. The municipal police department shall have the authority to enter any
adult-oriented establishment at all reasonable times to inspect the premises and enforce
this section.
(AO No. 93-157(S-6), § I 5-1-94; AO No. 94-145(S), § 1 8-23-94; AO No. 2003-153, § 1, I 1
·
Cross references: Restrictions regarding location of places where minors are prohibited from
entering, § 21.45.240.
http://library6.municode.comJgateway.dll/ak/alaska/1/194/201 ?f=temnl ato..~.~:fi~-_~,~,., .... ,
I 11 A I~'~txtxt-
Jan 02: O3p JDian~ Russ~ll-Horman SO? 262-6508
p.1
To: Kenaj Council
Ladies and Gentlemen of the Kenai Council:
MT' name Is Ethel M. Riley, owner of IntegzMed Bodywork. I have been doing massage since 1
was 10 yeaFs old. first on my horses and my father, the horse shoer. ! became lic~ while
Living tn OFexon and have been practicing on the Kenai Penin.sula since 1996.
I would Him see Kenai require massage therapists (modalities to include all bodyw~k ami
energy wo~) be iice~ to practice within the ctty of KenaL The main reason for my request
is to facil#ale inmarance billing for my clienteJe who have a prescription stating massage is a
medical necessity. As it stands now. only chirolwaclots or doctors can bill for medical
in a timely rammer and pay~ ! ann unable to get mo~ tn._-nwav~_e comlmnies to even c~
coverage (see a~ lk ~ who do. requite such a lengthy s~me period to get the
forced out of lmsine~ for this ~ ~ 'I'ne ~ evezy time is the fact timt i m m
locally ~ My Oregon license ts ~ and i c6mldei,: mlr c~ ¢a,~~_ b in a
continual and timely manner.
tf licensing were requited, i would be abte to ~ my clients who need massa~ to
in most cases, are not able to receive medical masmge because money is an issue.
With over half the tLI~ requiring some sort eft iicensuee or cettifi~titm, it is time the ~
started in Alaslm (see a~ 2). Amcbswag~ Jusaema msd F~~,,;~a require a ~ m.
~ ~ I'm-yom-~ and consideration.
Sincerely.
y. M.T. - (~
Attar_hme~ts 1 & 2 ~ with pelnli.e~ion o~The Medical Massage OtTw. e Manual for insm.anoe
Btmnf, Calhlmn & Luther
11
05 O!: 52p
Di~n~ PI Ru~~l!-Nor.man
907 262 -6508
The Five Types of'Health Care Delivery Systems
AUTO ACCIDENT (Medical Benefits Coverage)*
(The greaO
PIP ,~Personal Injury Protection)/*
MED-PAy (Medical Payment inclusion)/.
NO-FAULT*
WORKERS COMP*
(The good)
W/C HEALTH INSURANCE*
W/C MANAGED CARE*
INSURANCE COMPANIES**
(The not so good)
MAJOR MEDICAL**
INDEMNITY**
MANAGED CARE***
(The bad)
HMO***
PPO** *
POS***
FEDERAL PLANS/
ERISA (The uglv)/~
SELF FUNDED
FOS
SELF INSURED
FECA/
BLACK LUNG
FEDERAL
GROUP TRUST
EMPLOYEES
MEDICARE
MEDICAID
CHAMPU$
CHAMPVA
* We call these the "great" and the
that do pay massage ' ~, -~ o~cause mese are the types of insurance
therapists. Typically, the "great" pays more than the "good"
.
** Only in the states of Washington and Florida are these types of companies
required by law to pay massage therapists for medically necessary treatment. In all
the other 48 states, these types of companies may or may not pay massage therapists.
Do not assume that because these types of companies say they will pay for massage
they will pay a massage therapist.
*** Only in the states of' Washington and Florida are these types of companies
required by law to pay massage therapists for medically necessary treatment. In all
the other 48 states, these types of companies do not pay massage therapists. Do not
assume that because these types of companies say lhey will for
will pay a massage therapist. They won't pay massage they
pay you, but perhaps they will pay a
physician or physical therapist to provide massage or other physical medicine
procedures, even though you are probably more qualified to provide the services.
This has to do with the lack of liability or responsibility these companies have in
regard to paying massage therapists. Their liability and/or restxnmibili~ is explained
in each of the following sections on the different types of insurance.
6
Jan 11 05 O1: 52p Diane ~i Ru~e!l-~iorman 90? 262-6508
out there who take the moral high ground, and if you wish to work with a doctor, it is
your responsibility to find an ethical one.
If you find yourself in an unhealthy relationship where your services are being
a~used, we strongly encourage you to stand up and resist. In fact, the laws regarding
employment and the state and fi~deral statutes that govern the healthcare industry are
emphatic and created to protect you from abuses. Once you have read the chapter on
employer/employee relationships (Learning Objective #8), you will know the laws and
how to prevent abuses against you as an employee or independent contractor.
The Rewards of Licensure Efforts
Over half of the United States has passed legislation requiring licensure, with
many mates in the middle of the struggle lo accomplish the task. We commend and
support those efforts. For those true therapists in unlicensed states who may be
concerned about the negative impact of becoming licensed, both authors want to reassure
them that licensure does not mean loss of freedoms, but quite the opposite. In all
instances of states becoming licensed, we have seen nothing but good come out of it, w/th
increased recognition, stature, and opportunity. The concerns that have been expressed
to us are concerns that need to be addressed when lobbying for state licensure. ShatSng
your concerns with others who are actively involved in the process of licensure is
important,, and language can be adopted to ensure that all concerns are taken care of.
Until all massage therapists are licensed, educated, and held to a same or similar
national standard, it will be impossible to be recognized as medical providers. If we had
the appropriate national standards for l icensure, every type of insurance would recognize
us as bona fide healthcare providers and be obligated to pay licensed massage therapists
for the physical medicine services we provide.
The acceptance of our industry by the medical and insurance industries will not
be handed to us. We must enjoin our national organizations to band together to
effectively pursue national standards within every state s licensure and legislation giving
us the fight to practice as part of the medical community. Incredible privileges, allowing
us to provida our services on a somewhat limited basis, have already been given to us,
and we must be careful not to abuse those privileges. Licensure in every state, with the
appropriate national standards, is the key to recognition and more privileges, and can
come through the efforts of our national organizations. That will force the insurance
industry to accept us, but we must also have acceptance from the doctors.
Medical Language/or Massage
In the past, the sweet, poetic language of massage therapy is how mas,sage
therapists communicated with each other and clients. If we are to become part of the
medical community, we need to learn how to communicate in the medical community's
language. This language has been established and recognized by all healthcare providers,
and is expected by not only the medical community, but the insurance and legal
11
05 0 !: 52p
Diane M Russel!-Mopman
262 - 6508
p.4
¢ommumrie~ as well. This gives us the ability for everyone to und¢~atand what each
o[her is saying. This is not something to be afTa~d of; this is something to embrace and be
excited by. [t is neither difficult nor imposing. We share with you this language and the
proper understanding of how to use it in Learning Objective # 6 on Documentation.
/~ledi~ Massage Code of Ethics
In addition to communicating properly, we must also live up to a code of
professional ethics that is expected by everyone involved.
l ) We will communicate on a regular basis with the other medical professionals we
work with.
2) We will accept our posit/on as ancillary to the doctor's wishes for the/r patients
and follow their guidelines.
3) We will communicate openly and honestly about our services and treatments to
patients, doctors, insurance companies, and attorneys,
4) We will not take advantage of the generosity of thc insurance companies.
5) We will not over-utilize thc system by charging insurance for treatment of areas
or problems that are not part of the diagnosis.
6) We wilt never diagnose or prescr/be, or make claims of benefit that we cannot
validate.
7) We will report honestly our work and our findings.
$) We will commit ourselves to personal growth through continued education and
communication.
9) We will search out and join organizations that are committed to the development
and growth of' our industry.
I0} We will fight and report abuses committed by o~hers that will jeopardize our
industry.
I I) Where appropriate, we will maintain proper I/censure, and report honestly our
income.
12) We will treat the patient only for as long as the treatments show improvement.
[3) We will not milk the system by treating longer than required.
14) We will keep proper records and documentation on all patients.
15) We will not be greedy and charge excessively for our treatment.
16) We will always maintain ourselves in a professional manner.
17) We will never practice outside our scope of practice.
18) We will maintain all records for a minimum off our years.
19) We will make the commitment to be mentored by others above us in knowledge
and skill, and mentor those below us in knowledge and skill.
Within this manual, you will learn that the future of medical masaage is at stake if
we fail to regulate ourselves and ignore r/ght over wrong. We could lose the righes and
privileges we have worked so hard to attain. It does not take the whole industry abusing
il to lose what we have gained. It only takes a few. If you are one of the ones already
MUNiCli~~ OF ANCHORAGE
OFF~CIF. OF' THE MUNICIPAL CLERK
P.O. Box ~ 96650 l[632 W. 6th Avenue)
Anctmrage. Alaska 99519-665O
PL~ PR]~ OR TYPE INFORMATIOM
Russe 1 1 -Ho?man
907
MASSAGE PRACTITIONER
APPLICATION
(UCENSES ARE NOT TRANSFEF~BLE)
262 -650B
p.5
Page 1 of,
F~ Of..
License No._
}Date Issued_
....
I. . , hereby make applicaUort for a MASSAGE PRACTITIONER LICENSE in accordance with Title 10
of the Anch°rage IVkmk~alCode for the 20 .... 20 _ license years.
APPLICANT'S NAME:
_
APPUCANT'S MAILING AODRESS:
APPUCANT'S STREET ADDRESS:
BUSINESS NAME:
_
BUSINESS MAIUNG ADDRESS:
BUSINESS STREET AD[NqESS:
(PHONE)
_ (ziP)
. . (PHONE)
_ _ (ZIP)
, (Z~P)
Qualitications: At least one cd Ihe folowing must al)ply to you Ior a license to be issued. Irtdicate which cluald'.:abon apgdies to you by purlin9 a
che~ in the box. Then comlMete any requested inforrnat~3n and attach the re<~ired certiltcate. All diplomas, certificates of gradua~on, or
licenses must be accornpa~ie~ by transcripts or other docu~fl~on that can 13e applied to the Municipality of Anchorage requi~.
mi II I II · · · · I I I
Graduate of a post-secondary education s~~ of ~mse. age therapy wt~ich requires the successful completion of at le~ast s0o"
houm of supervised instruction and which is approved by any State. (Supply diploma or certificate of graduation)
" Hot'ts current, valid li;~ense' as a massage pract~i'oner from another ~;tate/City with substantiail~ the ~-~ame requin;ments'as the
Municipality of Anchorage. (Supply copy of license).
Holds current certification as a massage tl~rapi~t fror~ a national certification boa~'d or program meeting standards similar to
those for certification of persons licensed in Alaska Statutes T~de 8, Chapter 84 as a physica/therapist. (Supply copy of certificate)
State of ALl.al Business UCmlSe No.
(Please atta~ a copy) Explrallon Dale
State of Alasl~ )
) ss:
Third Judicial District )
, being duly sworn, d~s and says that he/she is ;he individual making the foregoing
~tion ara2 that the anS~ to the'~ and olher statemer~ ~rled in this appticatJofl are true and compile to his/her knowledge.
Notary Public
My commission expires: ....
~mmmmmmmmmmmmmemmmmmmmm emro m m mmm m em mmm mm emro mmmm mmmm mm mmm mmm m m m mmmm .m mm m mmmm m m mmm mm mm
I.D. Fambbed k~)q~ument & Number): ......... Fee Paid: $ (cash:~ check no. _- ) Remil~ No.
02033 fray. lO/ggl'
http://www.muni.org/iceimages/Assembly2/massage__app.pdf
Cer~car~ ~m:~ 0 YES FI NO
1/1
Project Protect- Projected Operating Budget
Kenai Boys & Girls Club and City of Kenai Parks & Recreation Partnership
Work Schedule:
June 01 to September 09, 2005
Employee Payroll and Benefits:
PP Coordinator @ 25%
PP Assistant @ 100%
PP Jr. Assistant @ 100%
Administration @ 10%
Total:
$14,421.00
Food Incentives:
BBQ for-25 youth @ $3.50/person
One BBQ per month @ $87.50
Total: $262.50
Project Supplies'
Youth T shirts @ $12.00/person
Total: $300.00
Garbage bags (in-kind)
Rubber gloves
Journal- outdoor tablets
Total: $235.00
Transportation'
15 days @ 12miles RT North/South
Total: $438.00
Total Est. Operating Cost $15,656.50
ATTN: Alaska Board Of Game COMMENTS
ADF&G Boards SupportSection
P.O. Box 25526
· Juneau, Alaska, 99802-5526
To Whom It May Concern:
I am a resident of and property owner in Alaska since 1997 and have beveled extensively in Alaska since 1986.
This letter is in opposilion to Proposals 137 and 129 which would, if intplemented, open the Kamishak Special
Use Area (KSUA)and the McNeil River Bear Sanctuary,respeclNely, for brown bear hunting. I was raised in a
huntimj, fishing, camping fan,~ in Idaho and have harvested several Idaho deer, antelope and elk for the family
table. I gave up hunting with a weapon in 1963 when I rear, ed I did not enjoy kilb~ de~eless animals and our
family ho.longer needed the meat for dinner. I still hunt-with a camera and it's very rewarding to me, my
family and fdends.
For the record, I cannot imagine any self-mspecling hunter wanling to hunt in a wildlife sanclumy. If suc~ssful
(and found out), how would he/she explain to his/her friends that he walked to very close range to a human-
tolerant, unsuspecti~ bear or other critter and killed it with a high-power~ weapon. No hunting, no tracking, no
fair chase, no danger, little excitement, and cerlainly no sense of accomplishment! A question comes to mind-
Who would have the audacity to prepare these proposals? WEb Alaska having some 586,000 square miles of
wilderness where, in some areas there are so many beam, the State is paying hunters to shoot them
from airplanes, why 'would the Board of Game entertain the proposed hun§rig of bears in a State sanctuary
(Established in 1955) of some 185 square miles and the KSUA (closed to hunling in 1985) of less than 100
square miles where many bear sows breed and raise their young?. These proposals defy all logic unless
someone simply doesnt like to hunt but just enjoys kiBng. These people migM just as well to "hunt" at a game
farm or a zoo!?
My wife and I have had three wonderful experiences bear viewing in Alaska, two at UcNeil River (early Jur~,
1990 as tourists and late August, 2003 as Alaska residents), and one at Brooks Camp in Kalmai Nalional Park
{July. 2004). For mo~ ~l~ in the Low~r-48 and el~~~e in the wo~ int~'~It~l in ~q~n~ wildlife in their
natural environment, and for rrmny people in Alaska, any one of these 5 to 7 day camping adventures would truly
be a unique lifetime expe~ence! Obsewing bear behavior up close in a farrilF selling-testis, roaming, grazing
on s~lge, diflging ~}r ~n~. numing, ~n~. f~ing, ~ ~ and I~yin~. ~er-~,~:h~l Mon~
~ot~n~ th~, younfl again~ oth,r I~a~ and :human,-am ,~llh~ ~ ~lu~onal a~ they am mind-bo~ling!
~ i~ much different th~n on~ might ~nvi~ion "th® gmat hunt, r I~in~ on th~ tm~ of a ~l~ m~mudm' ~hich
Bear viewing is a gmat and growing Alaska tourist at~r. a~o~. and the bears of McNeil River and Katmai are world
~amous--~nioy~l I:~ n~llion~ o~ p~e in I~oo~. mo~, ~ v. and pit~r~. ~ the,~ t~am "pay" their own way.
There are lottery fees and viewing fees just for the bears, not to mention purclmsed plane tickets, food and
camping gear, cameras and thousands of rolls of film and film development-all of which contribute to Alaska's
economy. ~ I~ar vi~~ b a r~#abl~ ~ourc~. I~ h~ Board o[ Gan~ mi~t~ the~ l~'~b, p~pl~ w~ll
continue to come to see these bears--and there are plenty of bears in Alaska away from these very small
.~an~afi~ [or ~e to hunt-in the true m~ning o[ ~air ~~ and huntinO. B~m do not ~u~a~ mpidl~ and
t~pi~ll~ ha~, on, to thr~ ¥ounfl about ~~ 4th ¥~r a~t~ ~h, ~ nm~m. Th~ pol~l~on o~~ ~l Ri~
I~a~ [or vi~n~ i~ dt~'~ing, po~l:~ ~u,~ of m~nt poor r~lmon mn~? Ho~t~, ~inc~ I~a~ mare a lot
in som'ch of food, it i~ quit~ ~bl~ ~om~ ~cN.il b~am havo t~n hant~t~d ,l~h,m. Tho point is-a doad
MoN~l or KSU^ b~r i~ no longer ava~l~l:d~ [or visiting and ~l! ~x~ th~ h~ad, ~kin and paw~ (and
illegal or~an~) i~ ~t~l ~r~t~. 13r~ btm~ am mr~ ~~ by h~n~n~. ~ Ira' ~ewing ~n ~ontint~ to
du~ng that ~ntim ~n~, ~hi~ mn~nfl thor po~la~on ~r po~rit~, a~ thw Ii~ and di~ rmtumll¥. Surely.
has ~nough I~am to hunt that i~ do~n't ri,ed to olin th~s~ sma# ar~a$ to hun~n~ too.~.
In closing, I am strongly opposed to Proposals 137 and 129, which are being considered by the Alaska Board of
Game. I ask the Board not to accede to the wishes of a few lazy, greedy, unprincipled ind'rvidua~ who would
make a mockery of the term "hunting", if these proposals were accepted. I believe the Board would be as guilty
as these Jl3dividuals if the Board aaowed the kilrmg of the human4olemnt bea~s in these now closed areas to
hunting. I would hope each me~ of the Board would have the common sense, decency and seE-respect not
to allow this pr6p~ed bavesty to occur. The hue shame lies with the miginators of these proposals!
P.O. Box 2754
Soldotna, Alaska, 99669
9O7-262-8575
rd ha h n @ e a g le,
Final Draft
To: Homer City Council
Subject:
Request for a Resolution from the Homer City Council to the Alaska Board
of Game to maintain the hunting closures at McNeil River State Game
Sanctuary and Refuge, including state owned lands near the Little
Kamishak River, and state owned lands near the Douglas River.
Requested Action'
A written resolution from the Homer City Council to the Alaska Board of
Game opposing any efforts to open hunting for brown bears within the
McNeil River State Game Sanctuary and nearby areas. Including those
lands identified in the Alaska Board of Game Proposal Numbers 129 and
137 including state owned lands near the Little Kamishak River, and state
owned lands near the Douglas River and those lands within the McNeil
River State Game Refuge.
Requested by:
Dave Bachrach
P.O. Box 2828
Homer, AK 99603
Phone: 235-1805
Email: dave@akadventures, us
Background'
The Alaska Board of Game will be reviewing and voting on proposals to
open the McNeil River State Game Sanctuary and surrounding area to
brown bear hunting at their spring meeting beginning on March 4, 2005.
Written comments must be submitted to the Board of Game by February
18, 2005.
Reasons why the Homer City Council should approve this request.
In 1967, the McNeil River State Game Sanctuary was established by the
legislature to "provide a permanent protection for brown beam and fish
and other wildlife so that these resources may be' preserved for scientific,
aesthetic and educational purposes".
Bear viewing continues to grow as a popular tourist activity, which
contributes greatly to Homer's economy. Whether by sea or air Homer is
the major hub for visitors to McNeil River Sanctuary and the surrounding
area.
Page 1 2/7/2005
Final Draft
There were over 4200 visitor inquires for bear and wildlife viewing trips
between January 2004 and September 2004, according tothe Homer
Visitor Information Center. --
During the past 20 years, using a state lottery system the McNeil River
State Game Sanctuary has had nearly 4,500 visitors most of which arrive
and depart from Homer.
National Park Service statistics show an increase in bear viewing along
the Katmai coast from 1,900 tourists in 2000 to 2,975 in 2003.
Bear viewing customers not only provide income to the owners and
operators of those businesses they also contribute to Homer's economic
growth by utilizing Homer's many businesses and services including
fishing charters, restaurants, lodging, gift shops, car rentals, art galleries
and grocery stores.
Many of the bear viewing operators and guides are year-round residents
of Homer, utilizing local businesses and services, which include aviation,
marine, and professional services.
Bear viewing as an industry is increasing and Homer based bear viewing
companies have seen up to a 200% increase in business over the past 5
years.
Bear viewing is an environmentally sound and sustainable business
capable .of-bringing .in -rev-~ to Homer for many .years to come.
The McNeil River Sanctuary is the world's premiere site for viewing and
photographing wild brown bears. Homer's economy benefits by attracting
film and television production companies 'like 1MAX and the BB~ from
-areLmd .t-he-weald .re Hemer. These --e. rews stay here -fer ~ per4eds,
o.f'Len times .reSuming, using Homer as a base .of ope. ratio, ns w. hile f~.
The Alaska Center for Coastal Studies is now in its second year of offedng
a college credit, field study class for educators on 'brown 'bear b'iology .and
The 2004 McNeil River Field Report states that, "the numbers of bears
show the lowest count of bears in more than 20 years".
Page 2 2/7/2005
F'.in~l Ora~
~ Eiyer b[ow.~ bears are known .to .range over targe areas within ar~:l
outside the sanctuary~including areas within the refuge, the National Park,
the Little Kamishak River, and the Douglas River. Opening these areas to
'hunting woUld decrease the quality o1: lhe 'bear vieWing experience that
has attracted ~y-visitom to Homer ~-would advemeiy affect Homer's
bear viewing .busir3e. sses, ~udsm industry and local ~conomy.
Page 3 2~/2005
CITY OF KENAI
Suggested by: Aam~msrrar~on
ORDINANCE NO. 2080-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASI~, ADOPTING
KMC 9.3.40.010(b) TO CREATE AN EMPLOYEE CLASSIFICATION FOR EMPLOYEES
HIRED UNDER THE "MATURE ALASKANS SEEKING SKILLS TRAINING" (MASST)
PROGRAM.
WHEREAS, the State of Alaska has a program called "Mature Alaskans Seeking Skills
Training" (MASST); and,
WHEREAS, the State of Alaska reimburses the employer for wages, Worker's
Compensation, employer's Social Security contribution and Medicare costs; and,
WHEREAS, the MASST program is designed to provide skills training in a part-time
employment setting for unemployed, low-income Alaskans who are 55 years or older
and,
WHEREAS, the program would not be economically viable for the City of Kenai if it
were required to pay the employee benefits set forth in KMC 23.40, such as annual
leave, medical insurance or participation in the Public Employee Retirement System
and,
WHEREAS, the City must create a separate employee classification for MASST
employees under KMC 23.40 in order to participate in the program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 23.40.010 is amended by adding a new section (KMC 23.40 010(b))
as set forth below. ·
23.40.010 General
~ All non-temporary full time and non-temporary part-time (15
hours and over per week) classified employees are entitled to the
following benefits, except for Medical and Hospital insurance which
shall be available to non-temporary employees working no less than
25 hours per week, as specified in this article, laskans
·
·
sation_{_~_~
e other
benefits in KMC 23.40 shall not a 1 to ersons hired under the
_MASST ASST ~e shall be
Ordinance No. 2080-2005
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16u~ day of
February, 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February 2, 2005
February 16, 2005
March 16, 2005
(1/26/05 - sp)
Suggested by:
Admi,,,o~, ,, .....
CITY OF KENAI
RF, SOLUTION NO. 2005-06
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A BAR/LOUNGE
CONCESSION AGREEMENT FOR THE KENAI MUNICIPAL AIRPORT.
WHEREAS, one responsive bid was received on February 7, 2005, for the
contract years March 1, 2005 through February 28, 2010; and,
WHEREAS, the bid amount received was as follows'
Bidder Per Month
Corey, Inc.
$1 ~025.00
WHEREAS, Jody Donaghe, Corey, Inc. submitted the one responsible bid for the
Bar/Lounge Concession at the Kenai Municipal Airport; and,
WHEREAS, the City Administration has determined that this bid meets all
requirements.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that the City Manager is authorized to enter into an exclusive
Bar/Lounge Concession agreement for the Kenai Municipal Airport for the period
March 1, 2005 through February 28, 2010.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
February 2005.
ATTEST:
PAT PO RTER, MAYO R
Carol L. Freas, City Clerk
Approved by Finance: ~
(02 / 09 / 2005) hl
144 N. BINKLEY ~, SOLDOTNA, ALASKA · 99669-7599
BUSINESS(907) 262-8608 FAX (907) 262-8615
EMAIL: assembly¢lerk@borough.kenai.ak.us
February 2, 2005
Ms. Dawn Holland-Williams
Records & Licensing Supervisor
Alcoholic Beverage Control Board
5848 E. Tudor Rd.
Anchorage, AK 99507-1286
Re:
Application for Renewal of Liquor License
Dear Ms. Holland-Williams'
LINDA MURPHY, MMC
BOROUGH CLERK
Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s)
for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska:
Club
P~sulaMoose Lodge- //1942
The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based
on unpaid or delinquent taxes.
Sincerely,
·
Linda S. Murphy, MMC
Borough Clerk
CC'
City of Kenai
KPB Finance Department
File
S:\WPWIN~DATA~ABCBLa. bc-letters~RENEWALSLRenewal in City.wpd
Page 1 of 2
Carol Freas
From: Reeda Jaramillo [reeda_jaramillo@dps.state.ak.us]
Sent: Monday, January 31,2005 1:53 PM
To: Carol Freas
Cc: Sue Ellen Essert
Subject: 2005-2006 Renewal Notification - Kenai
Dear Local Governing Body:
We have received the following application(s) for renewal of liquor license(s) within your
jurisdiction. You are being notified as required by AS 04.11.520. Additional information
concerning filing a "protest" by a local governing body under AS 04.11.480 is included below.
2005-2006
Type:
License:
Location:
Owner:
Agent:
Phone:
Mailing Address:
Club
Peninsula Moose Lodge #1942 - Lic#2494
12516 Spur H~vy
Loyal Order of Moose #1942
Gary Dixon
907-283-9181
P O Box 1902 Kenai AK 99611
We have received application (see attached notice) for a liquor license(s) within your jurisdiction.
This is the notice as required under AS 04.11.520. Additional information concerning filing a
"protest" by a local governing body under AS 04.11.480 is included in this letter.
A local governing body as defined under AS 04.21.080(11) may protest the approval of an
application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and
concise written statement of reasons in support of a protest within 60 days of receipt of this notice.
If a protest is filed, the board will not approve the application unless it f'mds that the protest is
"arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board
will notify the applicant that the application is denied for reasons stated in the protest. The applicant
is entitled to an informal conference with either the director or the board and' if not satisfied by the
informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF
THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST
ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST.
Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality
where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,
unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b)
municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or
consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale
or consumption of alcoholic beverages at the proposed premises and no variance of the regulation
or ordinance has been approved, please notify us and provide a certified copy of the regulation or
ordinance if you have not previously done so.
Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as
required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct
subjects. Please bear that in mind in responding to this notice.
AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the
appropriate community council(s).
If you wish to protest the application referenced above, please do so in the prescribed manner and
within the prescribed time. Please show proof of service upon the applicant. For additional
1/31/2005
oF
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
1992
TO'
FROM.
DATE:
RE:
Mayor and Council Members
Carol L. Freas, City Cle~rk/~.~/
February 11, 2005
2005 LIQUOR LICENSE CONTINUANCE-. REMOVAL OF PROTEST
Amy & George Bowen, d/b/a One Stop
The C ty s protest of the 2005 hquor license continuance for Amy & George Bowen,
d/b/a One Stop was based on amounts owed to the Kenai Peninsula Borough.
Attached is a notice from the Delinquent Accounts Specialist at the Kenai Peninsula
Borough who has indicated the account has been brought into compliance according
to Borough policies and has indicated the Borough's protest should be withdrawn.
Because the amounts owed have been brought into compliance, the City of Kenai
protest for continuance of the 2005 liquor license of Amy & George Bowen, d/b/a One
Stop, should be withdrawn.
clf
FEB-O0-2005 WED 12:02 PH K?B FINANCE
FAX NO, 9072628623
P, O1
Memorand. um
To:
Thru:
From:
Linda Murphy, Borough Clerk
S t~utufi Holt, Finance Director
'" Lingafelt, Delinquent Accounts Specialist
Date: February 9, 2005
Subject:
2005 Liquor License Continuance- One Stop
The following business has brought their tax delinquencies in compliance
according to borough policies.
Please be advised that the Finance Department wishes to withdraw the
objection to the continued operation of the liquor license for Amy &
George Bowen dba One Stop as stated in the memo of January 6, 2005.
Please forward us a copy of the letter sent to the ABC board for our
records. Thank you for your consideration in this matter.
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
FEBRUARY 2, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http'//www, ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
I~RPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUN¢I~
ITEM E:
RRPORTS OF KENAI CONVENTION/h VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F:
PUBLIC HEARINGS
o
Ordinance No. 2079-2005 -- Increasing Estimated Revenues and
Appropriations by $10,000 in the General Fund for a Grant for Police
Exercise Related Training Equipment.
,
Resolution No. 2005-03 -- Opposing Kenai PeninSula Borough
Ordinance 2004-36, an Ordinance Amending KPB 5.18.430, Sales Tax
Computation -- Maximum Tax, by Increasing it from $500 to $1000.
,
Resolution No. 2005-04 -- Transferring $4,000 in the Airport Land
System Special Revenue Fund for Maintenance and Repairs.
,
Resolution No. 2005-05 -- Transferring $4,000 in the Water and Sewer
Special Revenue Fund to Purchase Appraisal Services.
ITEM G:
MINUTES
,
*Regular Meeting of January 19, 2005.
ITEM H: OLD BUSINESS
ITEM I:
NEW BUSINESS
,
Bills to be Paid, Bills to be Ratified
.
Purchase Orders Exceeding $2,500
.
*Ordinance 2080-2005 -- Adopting KMC 23.40.010(b) to Create an
Employee Classification for Employees Hired Under the "Mature
Alaskans Seeking Skills Training" (MASST) Program.
o
Approval -- City Attorney Job Description
,
Approval-- Lease Application -- Charles E. & Helen L. Tulin d/b/a
Aviation Support Services, LLC/Portion of Tract A, General Aviation
Apron No. 2.
,
Discussion-- Scheduling Work Sessions
a. Title 17, Public Utility & Enterprises and Public Utility Regulation
& Rates.
b. Budget Work Session
ITEM J:
COMMISSION/COMMITTEE REPORTS
le
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 K:
REPORT OF THE MAYOR
,,,
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M,:,, DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUT~ SESSION- None Scheduled
ITEM N:
ADJOURNMENT.
KENAI CITY COUNCIL- REGULAR MEETING
FEBRUARY 2, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www, ci.kenai, ak.us
MAYOR PAT PORTER, PRESIDING
MINUTES
,,
ITEM A:
CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-X.
PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were:
Joe Moore Linda Swarner Cliff Massie
Rick Ross Blaine Gilman
Pat Porter, Mayor
James N. Butler, III
A quorum was present.
A-3.
AGENDA APPROVAL
Mayor Porter requested Rocky Ward be added as Item B-1 to discuSs the Kenai Central
High School graduation ceremony location.
MOTION:
Council Member Moore MOVED to approve the agenda as amended and Council
Member Massie SECONDED the motion. There were no objections. SO ORDERED.
A-4.
CONSENT AGENDA
MOTION:
Council Member Moore MOVED to approve the consent agenda as presented and
Council Member Buffer SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B:
SCHEDULED PUBLIC COMMENTS
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 2
B-Xo
Rocky Ward-- Kenai Central High School Graduation Ceremony
Location
Rocky Ward, 708 Magic Avenue, Kenai -- Ward, along with other members of the
semor class presented their concerns that the Kenai Central High School {KCHS) 2005
graduation ceremony was planned to be held at the Soldotna Sports Center as was
done for the 2004 graduation. The students offered their reasons they felt the
ceremonies should be held at KCHS and requested a letter of support of their efforts
from the council to be forwarded to the KCHS principal.
MOTION:
Council Member Ross MOVED to submit a letter to the Kenai Central High School
administration in support of the graduation ceremonies being held at the high school.
Council Member Swamer SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
ITEM C:
UNSCHEDULED PUBLIC COMMENTS-- None.
ITEM D:
REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS
Betty Glick, Kenai Peninsula Borough Assembly -- Glick reported the
followin§:
· Commended the KCHS students on their presentation and noted, they
presented their problem well and brought a solution forward.
· Reviewed action taken at the February 1 Assembly meeting, including
the introduction of a bed tax ordinance. She reported there were hearings scheduled
on the ordinance for March 1 and 15, and April 5. Glick also noted, she
believed the ordinance would be amended several times prior to being considered and
if the ordinance is passed, the question of implementing a bed tax would be included
as a proposition on the October ballot.
ITEM E:
REPORTS OF KENAI CONVENTION/h VISITORS BIJREAU
BOARD AND KENAI CHAMBER OF COMMERCE
Mya Renken, Director, Kenai Convention /h Visitors Bureau -- Renken
reported the following:
· The KVCB has not discussed the proposed bed tax as yet. She noted a
concern as wanting a portion of what is generated within a community be forwarded to
the Kenai Peninsula Tourism Marketing Council.
· The "can-struction" program promoting the Kenai Food Bank would be
held in February/March and entries would be displayed at the Center.
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 3
· Noted the issue of opening portions of the McNeil River State Game
Sanctuary and refuge to bear hunting has come forward.
· The Center will be opening on Saturdays from 11-4.
ITEM F: PUBLIC HEARINGS
,,
F-I.
MOTION:
Ordinance No. 2079-2005 -- Increasing Estimated Revenues and
Appropriations by $10,000 in the General Fund for a Grant for Police
Exercise Related Training Equipment.
,,
Council Member Buffer MOVED to adopt Ordinance No. 2079-2005 and Council
Member Ross SECONDED the motion.
There were no public comments. Police Chief Kopp reported the equipment would be
housed in the upstairs of the Airport Fire Station.
VOTE:
Moore Yes Swarner Yes Massie Yes
Ross Yes Gilman Yes Buffer Yes
Porter Yes
MOTION PASSED UNANIMOUSLY.
F-2o
Resolution No. 2005-03 -- Opposing Kenai Peninsula Borough
Ordinance 2004-36, an Ordinance Amending KPB 5.18.430, Sales Tax
Computation -- Maximum Tax, by Increasing it from $500 to $1000.
MOTION:
Council Member Massie MOVED for approval of Resolution No. 2005-03 and Council
Member Swarner SECONDED the motion.
Public comment was opened.
Bob Molloy, 110 South Willow Street, Suite 101, Kenai -- Molloy thanked council
and administration for bringing the resolution forward. He stated he supported the
resolution and felt its wording was accurate and encouraged council to pass the
resolution.
KEN~ CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 4
There were no additional public comments. Council discussion followed in which it
was suggested a copy of the resolution be forwarded to Borough Assembly President
Superman as well as Mayor Bagley. It was also noted, the resolution indicated it was
suggested by administration where it should be council.
Council Member Moore stated he would vote against the motion as he felt it was
premature and not enough information had been offered. He added, he felt no doors
should be closed in seeking additional revenue.
Council Member Buffer stated he would support the resolution and added, he believed
the Assembly should consider amending the many tax exemptions currently allowed.
Council Member Ross stated he would support the resolution; noted council's previous
comments of concern relating to the number of tax exemptions allowed by the
Borough; and, since a bed tax is not directly linked to the residents, he felt it is the
area that should be investigated to increase revenues.
Council Member Gilman stated he did not want to send a message to the Assembly
that other approaches to raising revenue should not be investigated and noted his
concern reductions in the Borough budget could mean the school budget would not be
funded to the cap. He added, he would prefer a five percent increase in the sales tax
cap than not have the school budget funded.
MOTION TO AMEND:
Council Member Gilman MOVED to amend Resolution No. 2005-03 by adding a
whereas stating the City of Kenai encourages the Kenai Peninsula Borough to look at
other potential options of raising revenue. Council Member Swarner SECONDED the
motion.
VOTE ON AMENDMENT:
Moore Yes Swamer Yes Massie Yes
Ross Yes Gilman Yes Butier Yes
Porter Yes
MOTION PASSED UN~IMOUSLY.
VOTE ON MAIN AMENDED MOTION:
Moore No Swamer Yes Massie Yes
Ross Yes Gilman Yes Butier Yes
Porter Yes
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 5
MOTION PASSED.
F-3.
Resolution No. 2005-04-- Transferring $4,000 in the Airport Land
System Special Revenue Fund for Maintenance and Repairs.
MOTION:
Council Member Swamer MOVED to approve Resolution No. 2005-04 and requested
UNANIMOUS CONSENT. Council Member Ross SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
Resolution No. 2005-05 -- Transfemng $4,000 in the Water and Sewer
Special Revenue Fund to Purchase Appraisal Services.
MOTION:
Council Member Swarner MOVED for approval of Resolution No. 2005-05 and
requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
There were no public comments. Public Works Manager Komelis updated the council
on the development progress of Wellhouse No. 4. He noted, two proposals were being
reviewed for water treatment; the city will be able to go forward with purchasing the
property after the appraisal is received and reviewed by the Department of Natural
Resources; and, design documents are being developed and would be submitted to the
Alaska Department of Environmental Conservation (ADEC). Komelis also reported,
because the size of the treatment plant will be critical, they are working closely with
the ADEC; the new well water as well as the current wells will have to be treated; and,
they are investigating the removal of color from Wellhouse No. 2 water. Komelis
stated, it was hoped Wellhouse No. 4 will be online by the end of December, 2005.
VOTE:
There were no objections. SO ORDERED.
ITEM G: MINUTES
G-X.
Regular Meeting of January 19, 2005 -- Approved by consent agenda.
ITEM H: OLD BUSINGS-- None.
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 6
ITEM I:
NEW BUSINESS
I-1o
Bills to be Paid, Bills to be Ratified
MOTION:
Council Member Swamer MOVED to pay the bills. Council Member Moore
SECONDED the motion and requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
I-2o
Purchase Orders Exceeding $2,500
MOTION:
Council Member Moore MOVED to approve the purchase orders exceeding $2,500 and
requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the
motion.
Gilman questioned whether the purchase order to Kluge & Associates for work on the
Senior Center kitchen project had gone to bid. Public Works Manager La Shot
explained, the work to be done by Kluge &, Associates is for the design phase of the
project. He noted, two local architects had been asked for ideas and schematics.
Kluge's was chosen. The work had not gone to bid because the work was a
professional service. A brief discussion took place relating to the ordinance exempting
professional services under $10,000.
Buffer questioned the purchase order to Alaska Mumcipal League (AML) for
membership dues and Clerk Freas explained a formula is used to determine the
amount which is based on a base cost up to a 5,000 population, plus a certain
amount per person over 5,000.
VOTE:
There were no objections. SO ORDERED.
Ordinance 2080-2005 -- Adopting KMC 23.40.010(b) to Create an
Employee Classification for Employees Hired Under the "Mature
Alaskans Seeking Skills Training" {MASST) Program.
Introduced by consent agenda.
BREAK TAKEN: 8:09 P.M.
BACK TO ORDER: 8:20 P.M.
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 7
I-4o
Approval -- City Attorney Job Description
City Attorney Graves noted, a correction, changing "Mayor" to "City Council" needed to
be made at Page 2, No. 4, Essential Functions.
MOTION:
Council Member Buffer MOVED for the adoption of the job description of the City
Attorney and dated by reference of the meeting. Council Member Moore SECONDED
the motion.
Buffer stated he was pleased the description was not limited to only legal work and
integrated into a management team of the city. Graves noted, the description would
be used for a hiring function as well as a reference for job evaluations.
VOTE:
.Council Member Moore requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
I-5o
Approval-- Lease Application-- Charles E. & Helen L. Tulin d/b/a
Aviation Support Services, LLC/Portion of Tract A, General Aviation
Apron No. 2.
MOTION:
Council Member Swamer MOVED to approve the lease application for Charles E. &
Helen L. Tulin d/b/a Aviation Support Services, LLC/Portion of Tract A, General
Aviation Apron No. 2 and requested UNANIMOUS CONSENT. Council Member Massie
SECONDED the motion.
City Manager Snow explained the criteria for receiving a 55-year lease is based on the
estimated cost of the improvements over time. She noted, this project's cost was
estimated at $2.5 million which puts it into the range of a long-term lease.
Swarner reported the Airport Commission held a special meeting immediately prior to
the Planning & Zoning Commission on January 26. The Airport Commission
recommended approval of the lease application.
A brief discussion followed regarding whether the lease would come to council for
approval. Snow explained, an appraisal would be ordered if council approved the
application, information would be brought back to council and the lease would follow.
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 8
Moore expressed concern the timeline for appraisals has been lengthy and requested
the applicant be contacted if there is a problem.
Ross noted, the Planning & Zoning Commission had questions relating to the process
of determining the length of lease as well as performance on the lease. He noted, the
Commission recommended the lease application be approved as well.
VOTE:
There were no objections. SO ORDERED.
I-6a.
Discussion -- Scheduling Work Sessions
Title 17, Public Utility/~ Enterprises and Public Utility ReEulation/~
Rates.
Snow noted, administration had prepared a document showing the changes and
additions to be made to the ordinance which was available for their review.
Council set a work session to review the proposed changes to Title 17 for March 2,
2005 beginning at 6'00 p.m. in the Council Chambers.
I-6b.
Budget Work Session
A brief discussion took place regarding the length of time needed for the review of the
budget. Moore suggested maybe all the departments would not need to present their
budgets individually; Snow assured council all the department heads would be
available at the work session if council had questions of their individual budgets; and,
Ross stated he would like an overview of the budget made at the first work session.
He noted, there would be long-term planning issues needing to be considered, i.e.
health savings plan, PERS/TERS projections, etc. He believed those discussions
would take up a lot of time during the first work session and would decide how many
additional sessions would be needed.
Swamer noted, with two new council members who had not been through a budgeting
season, she suggested the department heads individually present their budgets to help
educate the new council members.
Council set the first work session for April 11, 2005, beginning at 6:30 p.m.
ITEM J:
COMMISSION/COMMITTEE REPORTS
J-Xo
Council on Aging-- No report.
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 9
J-2. Airport Commission -- Swamer reported a special meeting was held on
Janum3r 26, 2005 and the next regular meeting would be held on February 10.
J-3. Harbor Commission -- Council Member Massie reported the February
meeting had been cancelled.
J-4. Library Commission -- Council Member Gilman reported the following:
· A meeting was held February 1 at which the Commission discussed
potential funding resources for a library expansion. He noted, it was generally agreed
a proposition for bonding on the October ballot would not be timely. · The 2005 Library Technology Plan was approved.
· A request will be made to the KEDS group to include the library
expansion as a goal in the report.
J-5. Parks/k Recreation Commission -- Council Member Moore reported the
next meeting would be held February 3, 2005.
J-6. Planning/k Zoning Commission -- Council Member Ross reported on
the January 26, 2005 meeting, noting:
· The lease application for the Tulin's was recommended to council for
approval.
· A healthy discussion relating to conflicts of interest took place.
J-7. Miscellaneous Commissions and Committees
J-7a. Beautification Committee-- Swarner reported the next meeting was
scheduled for February 8, 2005.
J-'Fo. Alaska Municipal League Report -- Swamer reported she attended a
lands telephone conference recently. Mayor Porter offered a brief review of her
activities while attending the recent Legislative Committee meetings in Juneau and
distributed the AML positions paper.
J-Tc.
Arctic Winter Games --
Andrew Carmichael, Arctic Winter Games Facilities Chair, 36350 Poppy
Ridge Road, Soldotna -- Carmichael reviewed the information included in the packet
and outlined the proposed upgrades to the City's multipurpose facility to be funded by
the 2006 Arctic Winter Games Host Society.
After reviewing the packet information, Carmichael noted the following:
There are no funds available for placement of permanent showers at the
facility, however temporary ones would be made available.
KEN~ CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 10
· A forced air system will be rented and used short-term during events for
comfort and the elimination of condensation. They are not counting on the coating of
the beams to cure the condensation problem.
· They are hopeful they will be able to provide funding for building
improvements to decrease the condensation problems long term.
They all share the hopes additional funding will be found and they are
still in the process of investigating funding sources.
· They hope to employ some in-kind work from contractors as well as city
in-kind services in preparing the pads for the team rooms. However, the city would
need to coordinate the effort.
Porter stated the city administration is in agreement with the content of Carmichael's
memorandum and the would work out the agreement regarding the placement of the
team room pads, etc.
J-7d. Stranded Gas Committee -- Ross reported he would attend a
teleconference meeting on February 3.
ITEM K: REPORT OF THE MAYOR -- Mayor Porter reported the following:
· She attended the AML Legislative Committee meetings held in Juneau
last week.
· She referred to the letter included in the packet regarding the situation
with the Northgate Apartments.
· There will be a presentation on Monday, February 28 at ! 1 '00 a.m. in
the council chambers by Matanuska-Susitna Borough Mayor Tim Anderson and
Borough Manager John Duffy regarding the Knik Arm Ferry System. She invited
council to attend.
· Encouraged other council members to visit the city shop to experience
how busy they are and the tight quarters in which they work.
· She attended a meeting with representatives of RuralCap who are
interested in placing a development in Kenai.
· Thanked administration for removing of snow in front of businesses
along Spur Highway.
· Reported a new business in town' Independent Care Advantage.
ITEM L: ADMINISTRATION REPORTS
, , ,
L-1. City Manager-- City Manager Snow reported the following items:
· Council should expect communication from Cliff Everts of Everts Fuel
Service who spoke to council several months prior regarding the possibility of their
leasing city property with the city developing the property for them (as was discussed
with Mike Spisak). Snow stated, she and staff members met with Everts and she
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 11
requested Everts to provide a written proposal of what it is they would like from the
city. Snow added, she expects to hear from them in the near future.
· She, Finance Director Semmens, and Police Chief Kopp met with their
Borough-wide counterparts and with Borough representatives to discuss the E-911
contracts. Snow stated, the meetings was very informative and found they are all
fairly identical in their understandings. Snow added, they also discussed the
proposed bed tax, fisheries business tax, and animal control issues.
A brief discussion took place regarding grant software availability. Administration was
asked to consider acquiring the software.
L-2.
Attorney-- No report.
L-3. City Clerk -- Clerk Freas noted she had received a suggestion to place
the commission/committee reports on the consent agenda. Council consensus was
not to place them on the consent agenda and continue reporting as is currently done.
ITEM M:
DISCUSSION
M-Xo
Citizens-- None.
M-2. Council
Moore -- Asked if an ordinance to require certified mailings on Board of
Adjustment hearing notices was being developed. Attorney Graves reported it would
be included on the next agenda for introduction.
Swarner -- · Reported the City of Kenai received a stuffed bear for being a
Silver Sponsor of the Peninsula Winter Games.
· Reminded council of the February 15, 2005 work session with the airport
consultant at 6:00 p.m.
Masste -- Stated he would be interested in learning more about the budget
process.
Ross -- No comments.
Gilman-- No comments.
Buffer -- Reported he attended the Chamber lunch and felt the KCHS students
made a very good presentation there as well as during the council meeting. He also
reported, he thought the information presented by Bill Popp regarding the furore of
the oil and gas industry in the area was sobering. He suggested the presentation be
KENAI CITY COUNCIL MEETING
FEBRUARY 2, 2005
PAGE 12
made at the city also. Buffer added, there will be difficult times ahead and the city
needs to be informed and aware.
Porter-- No comments.
EXECUTIVE SESSION- None Scheduled
ITEM N:
ADJOURNMENT
The meeting adjourned at approximately 9'20 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
KENAI, ALASKA
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
1992
IVi
MO:
THRU'
FROM'
Linda L. Snow, City Manager
Jack La Shot, Public Works Manager~
Marilyn Kebschull, Planning Administrator~
DATE'
February 10, 2005
SUBJECT: Lawton Acres
In August 2004, City Council instructed the Planning and Zoning Commission
to develop a limited commercial district. The Planning and Zoning Commission
held work sessions over the past several months developing the zone. The
Commission completed their work on the proposed Limited Commercial Zone.
On February 9th a public hearing was held and the Commission passed
Resolution PZ05-08 recommending the amendment to Council. An ordinance
will be introduced at Council on February 1 6th recommending the amendment
to Title 14. The public hearing for adoption is scheduled for March 2nd and if
approved, it would be effective on April 2, 2005.
In June, Council reviewed a preliminary plat they had requested for the La wton
Acres parcel. Keith Kornelis submitted the plat to the State of Alaska,
Department of Transportation for their comments relating to access to the
Kenai Spur Highway. Attached is a copy of their letter dated July 13, 2004.
In July, Keith Kornelis, provided information to the Council relating to the
preliminary plat. A drawing was included showing the distance from the
centerline of Law ton Drive to the property lines. He added notations on the
preliminary plat showing common driveways onto the Kenai Spur Highway the
State would require. This information is also attached.
La wton Acres
February 10, 2004
Page 2
Administration will need direction from Council if they want to proceed with the
preliminary plat for Lawton Acres with the lot configuration shown on the
attached plat. If Council decides to proceed with the preliminary plat,
administration will ask the surveyor to include the notes required by the State.
The plat would then be revievved by the Planning and Zoning Commission before
being sent to the Borough for approval.
If Council approves the Limited Commercial Zone and directs administration to
proceed with the preliminary plat, Council will need to advise if they want to
proceed with rezoning the La wton Acres to the new Limited Commercial Zone.
The rezone could be processed with the legal description from the preliminary
plat.
If you need further information or clarification, let me know.
Attachments:
1. State of Alaska, Department of Transportation and Public Facilities letter
dated July 13, 2004.
2. Memo from Keith Kornelis dated July 14, 2004 with centerline drawing
and preliminary plat.
FRANK H. MURKOWSKI, GOVERNOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
-DATE: ,--'/__,/~_ '~ ~ -
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PROJECT:~-,~ ~ r ~,j
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r'RAL REGION- PLANNING
July 13, 2004
RE' Preliminary Plat
Keith Komelis
Public Works Manager,
City. of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611
Dear Mr. Komelis'
4111AVIATiONAVENUE
P O. BOX 196900
ANCHORAGE, ALASKA 99519-6900
(907) 269-0520 (FAX 269-0521)
(TTY 269-0473)
The Department received your preliminary plat for Lawton Acres and has these comments:.
· Please change Note 3 to read "Direct access to State maintained fight of way requires a current
and valid permit from the Alaska Department of Transportation and Public Facilities."
· Please add a note to the plat stating "Access to these lots are restricted to common drives located
on the lot lines between lots 1 and 2, 3 and 4, and lots 5 and 6."
If you have any questions or comments please call.
Sincerely,
ung
Area Planner
/eh
CITY OF KENAI
"Oil Capital of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE: 907-283-7535
FAX: 907-283-3014
MEMO
To'
F~om:
Subject'.
Phone:
Date:
Linda Snow, Kenai City Managee
Keith Kornelis, KenaJ Public Works Managee ~
Law'ton Acres
(907) 2:83- 8Z32 Fax: (907) 283- 3014
,Tuly 14, 2004
Attached is a drawing that shows the following:
The centerline of the existing road, Lawton Drive, is on the
section line. The paved road with the curb and gutter is 33 feet
wide or 16.5' on each side of the centerline. There is a 4' paved
sidewalk on the north side and a 4' gravel path on the south
side.
The dedicated public right of way for the road is 33' to the north
and 40' to the south of the section line. On the north side there
is 12.5' from the back of the paved sidewalk to the property line.
This 12.5' could be decreased but changing the dedicated public
right of way would require a vacation, which could be objected
to by the utility companies.
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Telephone: 907-283-7535/FAX: 907-283-3014
KENAI. ALASKA
M
MO:
TO'
THRU'
FROM:
DATE'
SUBJECT:
Linda L. Snow, City Manager
Jack La Shot, Public Works Manage
Marilyn Kebschuii, Planning Administrator'
February 16, 2005
Lawton Acres - DOWL Engineers
Tim Potter of DOWL Engineers has provided input on the proposed development
of Lawton Acres based on the preliminary plat and the proposed limited
commercial zone. Attached to this memo are a copy of Mr. Potter's memo and
two conceptual planning options for consideration. This information will be
reviewed at the meeting tonight.
I have reviewed Mr. Potter's comments and recommendations and offer the
following'
I agree with the recommendation that preserving a portio'n of Lot 1,
as greenbelt would limit the appearance of "strip" development and
add additional buffer. In addition, adding to the buffer may ease
some concerns if the property is rezoned.
Mr. Potter's comment relating to utilities off of Lawton Drive is
accurate. The preliminary plat may need to be modified to provide
utility easements through the proposed greenbelt.
The common landscape plan as suggested would need to be
accomplished through covenants or deed restrictions.
Access to the Kenai Spur Highway with common driveways will be
required by the State and updated on the preliminary plat.
Lawton Acres
February 1 5, 2004
Page 2
The Commission discussed, building height in length and decided to
maintain the 35-foot building height as allowed in residential zones.
The building footprint in the proposed limited commercial zone is
limited to 2500 square feet.
The Commission discussed at length the sign code for the new zone
and their recommendations are in the draft. If the Council wanted
to limited this subdivision to a particular type of sign, that could be
done through covenants or a deed restriction.
Mr. Potter's recommendation that we add, "and the like," to
14.22.010 Footnotes: (25) "Personal Services" may help eliminate
questions in the future. The Council could amend the draft code to
accommodate this change.
The recommendation to reduce the rear yard setback to 10 feet
where it abuts a designated greenbelt seems appropriate. In this
situation, leaving the required 20-foot rear setback would create a
50-foot buffer that seems excessive. However, there may be future
areas which do not have the tract of land set aside as a buffer and
in those instances, the 20-foot rear setback seems reasonable.
Council may wish to amend the draft ordinance with a note to
include exceptions with buffer tracts such as the proposed Lawton
Acres.
Attachments: 1. Memo from Tim Potter, Director of Planning, DOWL Engineers
2. Lawton Acres: Conceptual Planning
A Oivision of DOWL LI.C
TO:
FROM'
SUBJECT:
DATE'
MEMORANDUM
Ms. Marilyn Kebschull
City of Kenai
Tim Potter, Director of Plannin~~
DOWL Engineers
Lawton Acres
February 15, 2005
W.O. D58765
I have reviewed the information you forwarded me concerning Lawton Acres, including the proposed
preliminary plat.
Based upon my review, I have provided general comments relative to questions raised in previous
discussions and recommendations related to future development. Also, attached are two options
depicting potential building, parking, access, and landscaping alternatives.
First, the concept of a "limited commercial" district is common in many cities. It is typically used as a
buffer or transitional development between more intense commercial and residential or, as in this case,
a large road and a residential area.
,.
The lot sizes depicted on the preliminary plat are adequate for the proposed type of development
and are, in fact, preferable because the smaller lots help keep the mass of each project on a smaller,
more residential scale.
· Shared access is appropriate for this type of development.
· Lot coverage at 30 percent helps maintain residential feel.
· Building height not to exceed three stories is appropriate.
Recommendations And Considerations
Retain a portion (8,000 to 10,000 square feet) of Lot 1 as part of the greenbelt. This will set the
de.v. elo~pment back from the comer and he,!p to ,c, reate a compact, framed development district. This
will etlectively limit the appearance of a strip development and make it a "pocket".
Recognize that utility service connections will probably be extended to Lawton Drive. This will
require multiple crossings of the proposed greenbelt. A revegetation standard should be
established in advance of development.
A common landscape plan or theme should be established along the Kenai Spur Highway to help
create a "cohesive" development pocket. Lighting, signage, fencing, etc., should be the same to
emphasize the planned and distinctive nature of the proposed development.
Access to Kenai Spur Highway should be limited to common or shared driveways between lots.
4040 El STREET · ANCHORAGE · ALASKA , 99503 · 907/562-2000 - FAX 907/563-3953
Ms. Marilyn Kebschull
City of Kenai
February 15, 2005
Page 2
Consider limiting building height to two stories with allowance for third story if incorporated into a
pitched (gabled) type of roof. This will help reduce the scale of the structures and promote more
detailed architectural treatment.
Consider requiting a conditional use for any structures proposing a "footprint" of over 10,000
square feet.
No "pole mounted" signs should be permitted. This again emphasizes a special nature to the
development. Monument signs up to 12 feet should be considered.
Considering adding "and the like", to 14.020.010 Footnotes' (25) "Personal Services".
help to avoid zoning/land use questions in the future.
This may
· Consider reducing rear yard setback to 10 feet where it abuts designated greenbelt.
The attached drawings, Options A and B, depict two possible development scenarios. The primary
difference is the building and parking lot configuration. Option B allows shared access 'and easier
internal circulation, which eliminates the need to go out onto the Kenai Spur Highway to access the
other businesses within th/s project.
Attachments: As stated
D58765.Keb$chull. TCP.021505.mas
c: mbondurant~ci.kenai.ak, us
Greenbelt
Common
Access
Areas
Kenai Spur Hi(.
Lawton Dri"
Opti
Greenbelt
Common
Access
Areas
Kenai Spur Hi(..
_ mm mm mm
Lawton Dri~
D58765
February 14, 2005
Opti
(
Kenai Airport Master Plan
Lawton Acres: Co~'
ray
Parking Lot-
Typical '
Building Area-
Typical
Common Landscape
Theme Planting
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Parking Lot- Building Area-
Typical Typical
Common Landscape
Theme Planting
scale: 1"=100'
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Suggested by:
CITY OF KENAI
ORDINANCE NO. 2081-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING
A NEW ZONE IN THE KENAI ZONING CODE AT KMC 14.20.120 ENTITLED THE
LIMITED COMMERCIAL ZONE (LCZ) AND AMENDING THE LAND USE TABLE FOR
ALL ZONES IN KMC 14.22.010 BY ADDING TWO NEW LAND USES AND AMENDING
THREE OTHERS.
WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a
transitional area between commercial and residential areas; and,
WHEREAS, it is desirable to have such a zone that would allow low to medium volume
business, mixed residential and other compatible uses that would complement and
not materially detract from the uses allowed in adjacent zoning districts; and,
WHEREAS, such a zone would be called the Limited Commercial Zone (LC); and,
WHEREAS, it is in the best interest of the City of Kenai to establish a Limited
Commercial Zone (KMC 14.20.120) in the Kenai Zoning Code; and,
WHEREAS, currently there is no land use listing for "gunsmithing, printing,
taxidermy" or "personal services" in the Land Use Table; and,
WHEREAS, adding those land uses to the Land Use Table aid in determining what
businesses are allowed in the various zones within the City; and,
WHEREAS, .amending the land use categories of "crematories" to "crematories/funeral
homes," "fraternal organizations" to "fraternal organizations / private clubs / social halls
& union halls," and "retail/wholesale business" to separate categories of "retail
business" and "wholesale business" would aid in better determining which uses are
allowed in the various zones within the City.
WHEREAS, it is in the best interest of the City of Kenai to amend the Land Use Table
as described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that:
SECTION I.
KMC 14.20.120---Limited Commercial Zone (LCZ) is enacted as set forth in Attachment
A.
Ordinance No. 2081-2005
Page 2 of 2
SECTION II.
The Land Use Table KMC 14.22.010 is amended by adding four new land use
categories and amending two others that are applicable to all zones and to add a
Limited Commercial Zone as shown in Attachment B.
SECTION III.
The Developments Requirements Table in KMC 14.24.010 is amended to include the
Limited Commercial Zone as shown in Attachment C.
SECTION IV.
KMC 14.20.220---Kenai Sign Code is amended to add a new section pertaining to the
Limited Commercial Zone as shown in Attachment D, and amending the Sign Code
Table to include LCZ zoning district sign uses as shown in Attachment E.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of
March, 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February 16, 2005
March 2, 2005
April 2, 2005
/ 26 / os sp)
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-08
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 BE AMENDED
TO ESTABLISH A LIMITED COMMERCIAL ZONE AND CHANGING SEVERAL
SECTIONS OF THE KENAI MUNICIPAL CODE TO INCLUDE THE NEW LIMITED
COMMERCIAL ZONE.
WHEREAS, the City of Kenai Zoning Code does not have a zone encompassing a transitional
area between commercial and residential areas; and
WHEREAS, it is desirable to have such a zone that would allow low to medium volume
business, mixed residential and other compatible uses that would complement and not materially
detract from the uses allowed in adjacent zoning districts; and
WHEREAS, such a .zone would be called the Limited Commercial Zone (LC); and
WHEREAS, it is in the best interest of the City of Kenai to establish a Limited Commercial Zone
(KMC 14.20.120) in the Kenai Zoning Code.
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA 'recommends that the Kenai Municipal Code be amended as shOwn on
Attachments A through E.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this ~"'~ day of. ~"')x..L ~ ~"~"~'~i}]' ,2005.
CHAIRMAN t.,- /
ATTEST:
14.20.120 - Limited Commercial Zone (LC Zone)
(a) Intent' The LC Zone is established to provide transition areas between
commercial and residential districts by allowing Iow to medium volume
business, mixed residential and other compatible uses which
complement and do not materially detract from the uses allowed with
adjacent districts.
(b) Principal Permitted Uses' As allowed in Land Use Table as long as the
footprint of the building does not exceed 2500 square feet.
(c) Conditional Uses: As allowed in Land Use Table.
(d) Accessory Uses: As defined (see definitions section).
(e) Home Occupations' Uses as allowed by this chapter.
(f) Development Requirement: As described in this chapter.
(g) Parking Requirements' As required by this chapter.
(h) Outside storage is allowed for display purposes only unless the storage
is in an area enclosed by a sight-obscuring fence.
(i) Landscaping'
a. Intent- To provide for orderly and safe development and to
provide attractive and functional separation and screening
between uses.
b. Landscaping/Site Plans- As required in KMC 14.25.030.
c. Application - Shall apply to all development of twenty thousand
dollars ($20,000) or more and shall apply to both landscaping and
site plans. "Ail development" shall be defined as any
improvements requiring a building permit for new construction or
any improvements of twenty thousand dollars ($20,000) or more,
which adds square footage. It also applies to change of use from
residential to commercial use. Pre-existing residential uses shall
be exempt from this requirement.
d. Landscaping/site plan- Submittal of a preliminary
landscaping/site plan and approval by the Administrative Official is
required prior to any land clearing and/or tree cutting.
e. Landscaping Plan - Performance Criteria.
i. 'Objectives for Landscaping Plan. An effective landscaping
plan should utilize a variety of techniques for achieving the
intent of this section. The appropriate placement or
retention of vegetation in sufficient amount will provide the
best results. Perimeter, interior, street right-of-way, and
parking lot landscaping should be included as components
of the overall landscaping plan.
ii. Perimeter/Buffer Landscaping. Perimeter/buffer
landscaping involves the land areas adjacent to the lot lines
within the property boundary. This buffer landscaping
serves to separate and minimize the impact between
adjacent uses. Landscaping adjacent to residential districts
Attachment A
Limited Commercial Zone
Landscape/Site Plan - Draft
Page 2
shall have landscaping beds which meet all of the following
minimum standards:
1. Landscaping beds - Minimum of 10 feet in width
along all property lines, which adjoin residential
district, exclusive of driveways and other ingress and
egress openings. A 6-feet high wood fence or
masonry wall may be used in place of 5 feet of the
required bed width.
2. Ground cover- 100 percent within 3 years of
planting and continuous maintenance so there will
be no exposed soil.
3. Trees and/or shrubs appropriate for the climate shall
be included in the landscaping beds.
iii. Interior Landscaping involves those areas of the property
exclusive of the perimeter and parking lot areas. Interior
landscaping is desirable to separate uses or activities within
the overall development. Screening or visual enhancement
landscaping is recommended to accent or complement
buildings, to identify and highlight entrances to the site, and
to provide for attractive driveways and streets within the
site. Landscaping may include landscaping beds, trees,
and shrubs.
iv. Street right-of-way landscaping softens the impact of land
uses along street rights-of-way, but does not obscure land
uses from sight. Landscaping beds must meet all of the
following minimum standards; except where properties are
adjacent to State of Alaska rights-of-way, the Administrative
Officer may approve alternatives, which meet the intent of
this section but protect landscaping from winter
maintenance damage.
1. Landscaping beds - Minimum of 10 feet in width
along the entire length of the property lines which
adjoin street rights-of-way, exclusive of driveways
and other ingress and egress openings;
2. Ground cover- 100 percent ground cover of the
landscaping bed within 3 years of planning and
continuous maintenance so there will be no exposed
soil;
3. Trees and/or shrubs appropriate for the climate shall
be included in the landscaping beds.
v. Parking Lot Landscaping. Parking lot landscaping involves
the land areas adjacent to or within all parking lots and
associated access drives Parking lot landscaping serves to
provide visual relief between vehicle parking areas and the
remainder of the development. It also is desirable for the
ATTACHMENT A
Limited Commercial Zone
Landscape/Site Plan - Draft
Page 3
purpose of improving vehicular and pedestrian circulation
patterns.
vi. Review. The Administrative Official may reconsider plans
for amendments after they have been approved if problems
arise in carrying out the landscaping/site plan as originally
approved.
f. Site Plan. Performance criteria.
i. Objectives. An effective site plan should utilize a variety of
techniques for achieving the intent of this chapter. The
appropriate placement or retention and improvements of
buildings, parking lots, etc. should be considered in the site
plan.
ii. Buildings. The use is to be compatible with the surrounding
properties, land use plan, and not be hazardous to the
health, safety and welfare of citizens.
iii. Special Permits. The site plan shall list any special permits
or approvals, which may be required for completion of the
project.
iv. Parking Lots. Parking lots referenced on the site plan shall
comply with KMC 14.20.250.
1. Paving is required when "commercial development"
of fifty thousand dollars ($50,000) or more requiring
a building permit for new construction or any
improvements which adds square footage.
v. Snow Storage/Removal and Drainage. Snow
storage/removal and drainage must be identified on the site
plan and shall be compatible with the surrounding area.
vi. Dumpters. Dumpsters must be screened with a sight-
obscuring structure made of wood or concrete. Others
construction materials may be approved by the
Administrative Official.
g. Approval. As required in KMC 14.25.050.
h. Completion- Landscaping Plan. As required in KMC 14.25.060.
i. Completion-Site Plan. As required in KMC 14.25.065.
i. The Building Official may issue a temporary certificate of
occupancy not to exceed 2 years to complete the required
parking lot paving.
j. Modifications. As required in KMC 14.25.070.
k. Expiration. As required in KMC 14.25.080.
I. Penalties. As required in KMC 14.25.090.
m. Definition- Landscaping. As defined in KMC 14.25.100.
ATTACHMENT A
III II II II II
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Footnotes'
(1) Alloxved as a secondary use except on the ground floor of the part of the building fronting on
collector streets and major highways.
(2) One (1) single-family residence per parcel, which is part of the main building.
(3) Allowed as a conditional use, subject to satisfying the following conditions'
(a) The usable area per dwelling unit shall be the sarne as that required for dwelling units in the
RS zone;
(b) The site square footage in area must be approved by the Commission;
(c) Yards around the site, off-street parking, and other development requirements shall be the
same as for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all applicable health regulations;
(e) The proposed dwelling group will constitute a residential area of sustained desirability and
stabilitY; will be in hannony with the character of the surrounding neighborhood, and will not
adversely affect surrounding property values;
(f) The buildings shall be used only for residential purposes and custornary accessory uses, such
as garages, storage spaces, and recreational and community activities;
(g) There shall be provided, as part of the proposed development, adequate recreation areas to
serve the needs of the anticipated population;
(h) The development shall not produce a volume of traffic in excess of the capacity for which the
access streets are desigmed;
(i) The property adjacent to the proposed dwelling group will not be adversely affected.
(4) See "Townhouses" section.
(5) See "Mobile Homes" section.
(6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any
mobile home park meets the minimum Federal Housing Authority requirements.
(7) See "Planned Unit Residential Development" section.
(8) Allowed as a conditional use, provided that the proposed location and the characteristics of
the site will not destroy the residential character of the neighborhood.
(9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met.
(10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining
street or property line.
(11) Allowed as a conditional use, provided that no part of any building is located nearer than
thirty (30) feet to any adjoining street or property line and provided further that the proposed
location and characteristics of the use will not adversely affect the commercial development of
the zone.
(12) Allowed as a conditional use, provided that the follOWing conditions are met'
(a) The proposed location of the use and the size and characteristic of the site will maximize its
benefit to the public;
(b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on
public streets.
(13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are
adequate to assure that the use will not be a nuisance to SmTounding properties. The Commission
shall specify the conditions necessary to fulfill this requirement.
(14) Allowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
ATTACHMENT B
(15) Allowed, provided that the following conditions are met'
(a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and
any adjoining property in a residential zone.
(b) Exits and entrances and off-street parking for the use'shall be located to prevent traffic
hazards on the public streets.
(16) See "Conditional Uses" section.
(17.) See "Conditional Use Pennit for Surface Extraction of Natural Resources" section.
(18) Conditional Use allowed only on privately held property. Not allowed on government lands.
(19) Allowed as a conditional use provided that ingress and egress from the property is from the
Kenai Spur Highway.
(20) The airport related uses allowed under this entry are aircraft approach zones per KMC
14.20.070(a), except that for properties contained inside the airport perimeter fence or having
access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are
allowed.' '(Ord. 2053-2004)
(21) Setbacks for use shall be the same as those listed in the "Development Requirements Table"
for the RU/TSH zones.
(22) Allowed as a conditional use in conjunction with a permitted use in the ED zone. For
example, housing for teachers or students for a school in the zone.
(23) Allowed as an accessory use in conjunction with a permitted use in the ED zone. For
example, a dormitory used to house students for a school or educational facility.
(24) Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a gift
shop or coffee shop within another business).
2[~) Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries,
fitness centers, photo?-aphic studios, tailors, tanning salons and massage therapists.
ATTACHMENT B
~eral Requirements.
DEVELOPMENT REQUIREMENTS TABLE
ZONING DISTRICT
IL/IH/CC/
USES C/RR RR1 RS RS1 RS2 RU/TSH CG R ED LC
90
MINIMUM LOT Width (feet) 90 90 60 60 60 60 90 90
MINIMUM LOT Size (feet)
Front ~ 25 25 25 25 25 10 25 25 25
,Side ~ See individual
One-Story s 15 5 5 5 5 5 sections of 15 15 15
Day-light Basement/Split Level s 15 10 10 10 10 5 Code for 15 15 15
Two-Story s 15 15 15 15 15 5 4 requirements 15 15 15
Rear 20 20 20 20 20 10 4 20 20 20
Maximum Lot Coverage 30% 30% 30% 30% 30% 40% 30% 30% 30%
ximum Height (feet) 35 35 35 35 35 35
Footnotes:
(1)
(2)
(3)
(4)
Provided that the minimum front setback is measured from any right-of-way or access easement.
Side setbacks are determined independently from the front view of the structure. Plat plan/As-built will
distinguish single and two-story portions of building to verify setback distances are met.
Story is the portion of the building included between the upper surface of any floor and the upper surface of the
floor next above or the ceiling or roof above.
One-story is defined as a story having direct access from grade level without a lower story. A structure having a
lower story situated below a one-story is considered a one-story structure in its entirety.
Two-story is defined as one-story plus more than one-half (1/2) the height of the lower story all situated above
grade.
Daylight basement/split level is defined as one-story plus less than one-half (1/2) the height of the lower story all
situated above grade.
For purposes of these footnotes, Grade is defined as the lowest point of elevation of the finished surface e of the
ground between the building and a line five (5) feet from the building.
Except that for each story over two (2) stories, each side and rear yard shall be increased three (3) feet, but need
not exceed fourteen (14) feet for each side yard and nineteen (19) feet for the rear yard.
Attachment C
Minimum lot area requirements.
KEY: N=Not allowed
DEVELOPMENT REQUIREMENTS TABLE
Zoning Districts
USES C/RR RR1 RS RS1 RS2 RU/TSH IL/IH/CC/CG R ED LC
MINIMUM LOT AREA
(square feet)
See individual
sections of Code
Single/Two/Three Family for
Dwelling 20,000 20,000 7,200 12,500 7,200 7,200 requirements 20,000 20,000 12,500
Four Family Dwelling 20,000 22,400 9,600 N N 7,200 N N 12,500
Five Family Dwelling 22,400 N 12,000 N N 7,200 N N 12,500
Six Family Dwelling 24,800 N 14,400 N N 7,200 N lq 12,500
27,200 + 16,800 +
2,400 for 2,400 for
Seven or More Family each unit each unit
Dwelling over 7 1N over 7 N N 7,200 N N 12,500
Footnotes:
(1)
(2)
(3)
Listed square footages are the minimum required for each zone.
Greater lot square footages may be required to satisfy Alaska Department of Environmental
Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary.
Minimum lot size for non-residential uses in ED zone is 40,000 square feet.
Attachment C
(e)
Limited Commercial Zone. Signs allowed in this zone are as follows'
Allowed Signs Not Requiring a Permit.
(A) Public signs erected by or on behalf Of a governmental body to post legal
notices, identify public property, convey public information, and direct or
regulate pedestrian or vehicular traffic.
(B) Personal message signs of a total of not more than five (5) square feet
containing noncommercial messages.
(C) Traditional holiday decorations.
(D) Temporary banners of not more than thirty-two (32) square feet. No
temporary banners shall be installed or placed for a period to exceed thirty
(30) days in any ninety (90) day period.
(E) Signs in the nature of cornerstones, commemorative plaques, historical
signs, building name, or street number.
(F) Signs within a building or on a structure or fence located at an outdoor
sporting event, sporting facility or sports field.
(G) Temporary signs of not more than five (5) square feet advertising such
items .as "yard sale," "garage sale," "property for sale," "open house," or
"lemonade" may be displayed for one (1) week. Such signs must display
the name, address and telephone number of an adult person
conducting/supervising such sale and must be dated.
(H) Signs erected on a lot or lots that are fenced or screened so that no part
is visible from a public right-of-way or another lot.
(I) Construction Signs. During construction, repair, or alteration of a structure,
temporary signs that denote the architectural or engineering firm,
contractor or builder that denote the name of the structUre and its use or
occupants-to-be may be erected on the construction site. Each sign shall
be thirty-two (32) square feet or less in size and no more than one (1)
such sign shall be permitted for each architectural or engineering firm,
contractor, builder, owner, or denoting the name, use and occupants-to-be
of the structure. Any of these may be combined on one (1) or more signs
but the total square footage of the sign or signs shall not exceed that set
out above. All construction signs shall be removed when the construction
is completed.
(J) A flag or insignia of any nation, organization of nations, state, borough,
city, religious, civic, fraternal organization, or educational institution except
flags used in connection with a commercial promotion or as an advertising
device.
(K) Event Signs. One (1) unlighted sign of up to thirty-two (32) square feet
may be displayed for the purpose of announcing an event of civic,
philanthropic, educational or religious organization. Signs may be installed
no sooner than ten (10) days prior to the event announced and shall be
removed within five (5) days after the event. No event signs may be
installed for a period exceeding thirty (30) days in any ninety (90) day
period. The ninety (90) day period begins on the first day the event sign is
displayed. Event signs shall contain the date of their placement.
Page 1 of 3
ATTACHMENT D
(L) Real estate signs of thirty-two (32) square feet or less used to advertise
the sale or lease of the property on which the sign is located.
(M) A sandwich board sign of not more than sixteen (16) square feet
exclusive of other signs allowed.
(N) Political Signs. Political signs shall be removed within two (2) weeks after
the date of the election that the signs were displayed to promote; provided
that signs erected for any primary election that remain relevant to the
following general election may be maintained until two (2) weeks following
the general election. If after reasonable notice, such signs are not
removed, the City may remove them and the candidate, organization, or
person who caused the sign to be placed may be charged for said
removal.
,..
(2)Allowed Signs Requirin_cl a Permit.
(A) One (1) freestanding or marquee per lot of not more than sixty-four (64)
square feet.
(B) Signs Identifying a Home Occupation. One (1) sign per use not exceeding
five (5) square feet. Such sign shall be no closer than ten feet (10') to any
property line or shall be flat against the building. No lighting is permitted.
(C)Bulletin Boards. Bulletin boards or permanent changeable letter signs
located on the premises shall be permitted for churches, schools,
community centers and public, charitable or institutional uses. Such signs
shall contain no more than thirty-two (32) square feet in area. Such signs
may be used as wall signs; may be used as ground signs when located a
minimum of ten feet (10') from the street lot line; may be indirectly
illuminated.
(D)A permanent subdivision sign may be placed at one (1) entrance to a
subdivision and may contain only the name of the subdivision. Such sign
shall not exceed thirty-two (32) square feet. Any illumination shall be by
indirect means.
(3) Prohibited Signs.
(A) Audio signs.
(B) Beacon signs.
(C) Roof signs.
(D) Unauthorized signs in the right-of-way or on city property. Such signs may
be removed and disposed of without notice.
(E) Signs that are higher than twenty feet (20') above the adjacent ground or
pavement level.
(F) Signs containing profane or indecent words or illustrations.
(G)Signs containing electrical equipment or electrical apparatus of any kind
that causes interference with radio, television, or telephone signals and
reception.
(H)Signs placed on trailers or vehicles, which as parked or located are
designed to primarily to display said sign. This does not apply to signs or
Page 2 of 3
ATTACHMENT D
lettering on buses, taxis, or vehicles operated in the normal course of
business.
(i) Flashing or intermittent illumination are not permitted.
(J) Balloons or other inflatable or gas-filled figures or signs.
(K) Signs not mentioned in the code are prohibited.
(L) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such sign it may interfere with, obstruct the
view of or be confused with any authorized traffic sign, signal or device.
No sign shall be attached to any traffic sign or signal device, or to any
public sign or signpost.
(M)No sign other than public signs shall be placed within twenty feet (20') of
any intersection as measured from the nearest intersection of street right-
of-way lines.
(N) N'o off-premises commercial advertising signs, including billboards, except
as allowed in subsection (b)(1)(F) of this section, or at an outdoor sporting
event, sports facility, or sports field.
(O)Portable signs.
Page 3 of 3
ATTACHMENT D
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Suggested by:
Counc/lor Moore
CITY OF KENAI
ORDINANCE NO. 2082-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASICA, AMENDING
KMC 14.20.290 TO REQUIRE NOTICES OF BOARD OF ADJUSTMENT HEARINGS BE
SENT BY CERTIFIED MAIL TO THE APPELLANT AND ANY APPLICANT FOR A PERMIT
BEING APPEALED FROM AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING;
ALLOWING THE BOARD OF ADJUSTMENT FOR GOOD CAUSE TO SET THE PUBLIC
HEARING DATE UP TO SIXTY (60) DAYS AFTER THE FILING OF THE APPEAL; AND
UPDATING AND CLARIFYING OTHER PORTIONS OF THE APPEAL PROCESS.
WHEREAS, currently under KMC 14.20.290, notices of a public hearing are sent by
regular mail at least ten (10) days prior to the public hearing; and,
WHEREAS, notices to the appellant and any applicant for a permit being appealed
from should be sent by certified mail so the City can confirm when such notices were
delivered; and,
WHEREAS, sUch notices should be mailed fifteen (15) days in advance instead of the
current ten (10) days; and,
WHEREAS, while the code now requires the public hearing to be held within thirty (30)
days, circumstances can arise where it is impractical for the hearing to be held in that
time period. Therefore, the Board of Adjustment should be able to schedule the
hearing up to sixty (60) days from the date of the appeal for good cause; and,
WHEREAS, other sections of KMC 14.20.290 should be updated and clarified.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.290 is amended as follows:
14.20.290 Appeals--Board of adjustment
(a)
Appeals from decisions of the administrative official or the
Commission must be submitted in writing to the City Clerk
within fifteen {15) days of the decision. The appeal notice
shall be in writing and must contain: 1) 'the name and
address of the appellant: 2) a description of the action or
determination from which the appeal is sought; and 3) the
r_eason for the appeal, which must include a description of
harm to the appellant. Any person{s} a~grieved by a
decision of the administrative official or Commission may
file an appeal_. The appeal shall be heard by the Kenai City
Council acting as the Board of Adjustment.
Ordinance No. 2082-2005
Page 2 of 3
Procedure:
(1) The Board of Adjustment shall ordinarily set a date for
and hold a hearing on all appeals with 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). For good cause, the Board
of Adiustment may hold the hearing up to sixty
days after the filing of the appeal. Notice of the time and
place of such hearing shall be mailed to all interested
parties and to all property owners within three hundred
(300) feet of the property involved at least [TEN 10]
fifteen (15) days prior to the hearing. Notices to the
appellant and/or a_~plicant for the action or
determination must be sent by certified mail, return
receipt requested.
(2) Within thirty (30) days after the hearing, the Board of
Adjustment shall render a decision on the appeal. In
exercising the above-mentioned powers, the Board of
Adjustment may reverse, remand or affirm, wholly or
partly, or may modify the order, requirement, decision
or determination, as ought to be made, and to that end
shall have all the powers of the body from whom the
appeal is taken.
(3) Ail hearings [MEETINGS] of the Board shall be open to
the public. [AND] The Board shall issue a written
opinion, stating [KEEP MINUTES OF ITS PROCEED-
INGS SHOWING] its decision, the reasons for its
decision, and the vote of each member upon each
question. The Board of Adiustment may undertake
deliberations immediately upon the concluSion of the
hearin_~ on appeal or may take the matter under
advisement and meet at such other time as is
convenient for deliberations until a decision is rendered.
Deliberations need not be public and may be in
consultation with the Ci_ty Attorney. An electronic
recording shall be made of the hearings and shall be.
reduced to written minutes and, if needed, a verbatim
transcript. Said minutes and verbatim transcript shall
be made a public record. Copies of the decision shall be
promptly posted on the Ci _ty's official web site and
mailed to all parties participating in the appeal.
Ordinance No. 2082-2005
Page 3 of 3
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of
March, 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February 16, 2005
March 2, 2005
April 2, 2005
(2/7/05 sp)
BY-LAWS AlqD RIILI~'~q Ol~ PROC;I~I'~ITRE FOl~
I(1~AT: ALA~I~A
The members of the Mayor's Council on Aging, Kenai, Alaska, a local committee
organized under the laws of the State of Alaska, pursuant to federal and state
funding, having as its object, the following code of by-laws and rules of procedure as
its guidelines in all future operations.
The mission of the Mayor's Council on Aging is to advise the Mayor, City Council,
Director, and the City of Kenai, of the needs of the elderly in the area, support the
programs which enable the continued independence of senior citizens and serve as an
advisory committee, whose purpose and make-up will be set forth under Article I,
Section 3.
The adoption of these by-laws and rules supersedes, replaces, and nullifies any and
all previously enacted, utilized, or governing rules or by-laws and further, by adoption
of these by-laws and rules, the previously existing Mayor's Council on Aging is
deemed dissolved.
Article I
MEMBERSHIP
The Council shall have a membership of nine (9) members. Over one-half of the
members shall be participants of the Senior Citizens' programs, sponsored by the City
of Kenai.
The members of the Council shall be chosen in the following manner:
o
Members shall be chosen from among persons who have shown an
interest in the areas of the problems of the elderly.
,
The Mayor will appoint members to the Council on Aging subject to
confirmation by the City Council.
o
There shall be a nine-member Mayor's Council on Aging appointed by
the Mayor of Kenai. Five (5) members will be chosen from senior citizens
who participate in the senior-citizen programs sponsored by the City of
Kenai. More than one-half of the Mayor's Council on Aging members
shall be participants of City of Kenai sponsored senior citizens'
programs.
Revised 7 / 1 / 04
BY-LAYS AND RULES OF PROCEDURE FOR
MAYOR'S COUNCIL ON AGING
PAGE ~
The duties of the Council will be as follows:
ao
Advise the Director of Senior Citizen Programs on matters dealing
with the budgets for senior programs and programs operated at
the Senior Center.
bo
Forward copies of meeting summaries to the Mayor of the City of
Kenai, who, in turn, will forward the report to the City Council.
Co
To the extent practical, communications, advice, and reports shall
be in written form and shall represent a consensus of the
committee.
Article II
ELIGIBILITY
A member of the Council shall be an adult person residing in the Kenai Peninsula
area, and 51% of which must be sixty (60) years of age or older.
No employee of the City of Kenai is eligible for membership.
There will be no more than one member per household.
Article III
MEETINGS
Regular meetings shall be held monthly on the first Thursda~v of the month at 7'00
p.m. at the Senior Center. There shall be one annual meeting held on the first
Thursday in January of each year with fifteen days' notice given to all members of the
Council. Special .meetings may be called by the chairperson with approval of the
Kenai City Clerk and notification of Council and City Manager. Meetings may be
cancelled by the City Clerk, with notification of Council and City Manager, if
cancellation is warranted, i.e. lack of agenda items, pre-knowledge of lack of quorum,
etc. Participating senior citizens shall be notified of the date, time, and place of the
meeting by the monthly newsletter, as well as receipt of the meeting agenda and
packet. All meetings shall be open to the public. However, this does not
automatically ensure participation by non-members of the Council.
Article IV
PLACE OF MEETINGS
The meetings shall be held at the place designated as the Kenai Senior Citizens
Center in Kenai, Alaska, or at the City of Kenai offices.
Revised 7 / 1 / 04
BY-LAYS AND RULES OF PROCEDURE FOR
MAYOR'S COUNCIL ON AGING
PAGE 2
Article V
~UORUM
A majority of the current membership shall constitute a quorum for the transaction of
all business.
Article VI
POWERS OF THE COUNCIL
The powers of the Council are advisory only and are derived from the federal, state,
and city local governments which provide the funds for operation and all powers and
activities shall be exercised in accordance with law. Ail action taken by this Council
shall be submitted to the City Administrator and shall be subject to approval by the
Kenai City Council.
Article VII
OFFICERS
Officers shall be elected for one-year terms at the annual meeting. There shall be a
Chairperson and Vice-Chairperson. Officers are limited to two (2) successive terms in
the same office.
Article VIII
TERM OF APPOINTMENT AND ATTENDANCE
Members of the Council are appointed by the City of Kenai to serve three (3)years or
until termination by:
o
2.
3.
4.
Resignation;
Request of Kenai Mayor's Council on Aging;
Upon request of the City of Kenai; or
Three (3) consecutive absences from monthly meetings.
The term of each appointed member of the Council shall be three (3) years. The terms
shall be staggered so that three (3) members shall be appointed every third year and
three (3) members shall be appointed in each of the other years of every such three-
year period.
After six (6) years active membership on the council, the member may be appointed
an honorary advisor to the Council without voting privileges.
Any member who misses three successive regular monthly meetings will be removed
from the Council and a replacement will be appointed by the Mayor.
Revised 7 / 1 / 04
BY-LAYS AND RULES OF PROCEDURE FOR
MAYOR'S COUNCIL ON AGING
PAGE 3
Article IX
VOLUNTEERS
Volunteers wishing to serve upon committees established by the Kenai Mayor's
Council on Aging may be appointed by the Council chairperson or his representative
to do so without, therefore, becoming members of the Council.
Article X
RULES OF MEETING
All meetings of the Council shall be conducted in accordance with rules of
parliamentary practice and, in the absence of other authority, shall be governed by
the provisions of Roberts Rules of Order.
At a regular meeting of the Kenai Mayor's Council on Aging, Kenai, Alaska, the
amended by-laws and rules of procedures were adopted as the official by-laws and
rules of procedure by a majority vote of a quorum of the members present on the third
day of February, 2005.
Attest:
Chairperson
Pat Porter, Mayor
Revised 7 / 1 / 04
BY-LAYS AND RULES OF PROCEDURE FOR
MAYOR'S COUNCIL ON AGING
PAGE 4
COUNCIL ON AGING
FEBRUARY 3, 2005
KENAI SENIOR CENTER
10:00 A.M.
AGENDA
ITEM 1'
CALL TO ORDER & ROLL CALL
ITEM 2'
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MEETING SUMMARY -- January 6, 2005
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
a,
Presentation -- Independent Living Center
ITEM 5:
OLD BUSINESS
ITEM 6'
Discussion -- Kitchen Project Update
Discussion -- Assisted Living Update
NEW BUSINESS
ae
ITEM 7:
Discussion -- Kenai Landing Gift Shop
Discussion-- Budget
Discussion-- Care Coordination
REPORTS
a.
Council on Aging Chair
Director
Council Liaison
ITEM 8:
~UESTIONS & COMMENTS
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
INFORMATION
Council Action Agendas of January 5 and 19, 2005.
ITEM 11:
ADJOURNMENT
COUNCIL ON AGING
FEBRUARY 3, 2005
KENAI SENIOR CENTER
10:00 A.M.
CHAIR BILL OSBORN, PRF~IDING
MEETING SUMMARY
ITEM 1'
CALL TO ORDER/h ROLL CALL
,
Chair Osbom called the meeting to order at approximately 10'05 a.m.
confirmed as follows:
Roll was
Members Present:
Members Absent:
Others Present:
R. Jurgensen, B. Osborn, G. Kuntzman, J. Harris, E. Jones,
and F. Wilson
D. English, J. Hollier, and L. Flowers
Council Member Gilman, Senior Director. R. Craig and
Anna Wheeler, Senior Connection
ITEM 2:
AGENDA APPROVAL
Director Craig requested to add Item 5-c, Change to By-Laws.
MOTION:
Member Harris MOVED to approve the agenda with the addition of Item 5-b. Member
Jurgensen SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3'
APPROVAL OF MEETING SUMMARY -- January 6, 2005
MOTION:
Member Harris MOVED to approve the meeting summary of the January 6, 2005
meeting and Member Jurgensen SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
Presentation -- Independent Living Center
Nadine Hatch discussed what the Independent Living Center provides to the
community, i.e. working with clients, identify their needs, and help them to remain in
their homes and community. She noted, the Center has offices in Seward, Homer,
Valdez and Cordova. The Center also works with other agencies and resources in the
community, i.e. Food Bank, reduced rates with cab companies. Additionally, through
grant funds received they evaluate low vision, provide services to accommodate
individual homes with wheelchairs, walkers, bed pads, short-term loans, etc.
ITEM 5:
OLD BUSINESS
Discussion -- Kitchen Project Update
Director Craig reported the following'
· Project timeline is hoped to be August, September and October.
· Grants to provide funding for food and support services during
construction time are being sought. The Center will remain open, though they will
find a commercial kitchen to use. Facilities to be investigated are Kenai Central High
School, Challenger Learning Center, Eagles Club, Elks Club, Moose Lodge, etc.
· They plan to prepare and freeze foods for home deliveries for all
weekends involved during the construction project.
a-bo
Discussion -- Assisted Living Update
Anna Wheeler, President of the Kenai Senior Connection reported the following: · They are pursuing a selection of a site.
· Project Coordinator O'Connell has prepared a packet with a survey letter
and choices of three sites: (1) 20-acre Borough property by golf course; (2) 37-acre
Borough property off Lawton by the KCHS Vocational Building; and (3) 77-acre City
property off Redoubt Avenue which was acquired through foreclosures and has
water/sewer service.
Discussion followed in which Osbom stated he had talked with Dr. Hansen about
available property within the city and he is attempting to set up a meeting between
Hansen, McConnell and the Senior Connection to that regard. Council Member
Gilman stated he would visit with people at the Borough.
-C.
Discussion -- By-Law Change
Craig reviewed discussion taken at the January meeting relating to changing the
meeting time from 10'00 a.m. to 7:00 p.m., keeping the meeting on the first Thursday
of the month.
MOTION:
Member Harris MOVED to amend the by-laws to indicate the Council on Aging
meetings be held on the first Thursday of each month at 7'00 p.m. Member
Jurgensen SECONDED the motion. There were no objections. SO ORDERED.
ITEM 6:
NEW BUSINESS
Discussion -- Kenai Landing Gift Shop
Wheeler reported the Senior Connection planned to open a shop at Kenai Landing.
They are hoping to be open for business in May when the first convention will be held.
COUNCIL ON AGING MEETING
FEBRUARY 3, 2005
PAGE 2
Wheeler noted, she was accepting applications for membership into the Connection
and for volunteers to work at the gift shop.
Discussion-- Budget
Craig reported she had submitted her draft budget to the Finance Director. She
noted, she would distribute a copy to the Council on Aging for review in March.
-C,
Discussion -- Care Coordination
Craig reported the Center had received certification to proceed with care coordination.
She added, she hoped the certification would offer the opportunity to create more
revenue for the Choice Waiver Account.
ITEM 7: REPORTS
7-a. Council on Aging Chair-- Osborn suggested the Senior Connection
investigate organized bingo games to acquire extra funding. He also suggested a
membership drive be held to acquire new and younger members both to the Senior
Connection and the Council on Aging.
7-b.
February 11.
Director-- Craig noted, Creative Writers Night was scheduled for
7-c. Council Liaison -- Gilman requested the Council on Aging indicate their
needs as he felt the department provides a good service to the community.
ITEM 8:
OUESTIONS/1~ COMMENTS-- None.
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10:
INFORMATION
10=a.
Council Action Agendas of January 5 and 19, 2005.
ITEM 11:
ADJOURNMENT
MOTION:
Member Jurgensen MOVED to adjourn and Member Kuntzman SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 11:20 a.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
COUNCIL ON AGING MEETING
FEBRUARY 3, 2005
PAGE 3
KENAI LIBRARY COMMISSION
KENAI CITY HALL COUNCIL CHAMBERS
FEBRUARY 1, 2005
7:00 P.M.
CHAIR EMILY DE FOREST, PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER/~ ROLL CALL
Chair DeForest called the meeting to order at approximately 7'01 p.m.
confirmed as follows:
Roll was
Commissioners present:
Others present:
K. Heus, E. DeForest, J. Rodes, J. Jenckes, B. Peters, K.
Dunn and C. Brenckle
Library Director E. Jankowska, Mayor Pat Porter, and
Council Member Blaine Gilman
ITEM 2:
AGENDA APPROVAL
Commissioner Heus requested the KEDS presentation be added as Item 7-a (New
Business).
MOTION:
Commissioner Brenckle MOVED to approve the agenda as amended and Commissioner
Peters SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3:
ELECTION OF CHAIR AND VICE CHAIR
MOTION:
Commissioner Brenckle MOVED to nominate Emily DeForest for Chair and Kathy Heus
for Vice Chair. Commissioner Peters SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 4:
APPROVAL OF MEETING SUMMARY-- December 7, 2004
MOTION:
Commissioner Peters MOVED to approve the meeting summary of December 7, 2004
and Commissioner Dunn SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 5:
PERSONS SCHEDULED TO BE HEARD
Mayor Pat Porter -- Library Issues
Mayor Porter's comments included:
She didn't think a bond issue would go forward this year due to the
Agrium closing.
· She was interested in hearing comments from the Commission.
· Kenai's population has decreased by five percent.
Discussion with the Commission included'
· Grant writing efforts are done through the city department submitting a
grant proposal.
· Estate-deeding to an institution (legacy).
· The 1996 needs study.
· People should contribute to the library and the funds can be donated
through the city.
ITEM 6:
OLD BUSINESS
Approval-- 2005 Library Technology Plan
Jankowska explained the Technology Plan had been written to include in an E-Rate
grant requested through the State Library.
MOTION:
Commissioner Peters MOVED to approve the 2005 Library Technology Plan as
presented and Commissioner Heus SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 7:
NEW BUSINESS
Discussion -- Kenai Economic Development Strategy (KEDS)
This item was added to the agenda at the beginning of the meeting through the request
of Commissioner Heus. Heus noted she felt the library should be mentioned under
Strategy #2, Recreational Activity. She suggested the wording "maintain and enhance
library facilities." In addition, she suggested a separate goal be added as "Expansion of
the Library."
MOTION:
Commissioner Brenckley MOVED to support the following additions: · Goal: Library Expansion
· Objective' To provide space to provide expanded and enhanced
series and activities.
· Strategy: Grants and bonding
LIBRARY COMMISSION MEETING
FEBRUARY 1, 2005
PAGE 2
· Champion: Library Commission donations/Friends of the City of
Kenai Library (medium term)
Commissioner Jenckes SECONDED the motion. There were no objections. $O
ORDERED.
ITEM 8: REPORTS
Director -- Jankowska offered a statistical report.
S-b.
Commission Chair-- No report.
8-c. Friends of the Library-- The Friends were proceeding with its "At Home
Tea" membership and have received some response.
8-d. City Council Liaison -- Council Member Gilman stated he agreed he
believed it the wrong time to forward a bond issue; Senator Stevens has placed money
in the budget; and, with the gas pipeline, retirements and job changes, the Agrium
closing may not have such a big impact. He added, the city should wa/t for another
boom before expanding the library.
ITEM 9:
COMMISSIONER COMMENTS/0UESTIONS
Heus -- Welcomed Mr. Jenckes as a new commissioner and stated she
appreciated Mayor Porter attending the meeting.
Jenckes -- Stated he was excited to be a part of the Commission.
Dunn -- Welcomed Jenckes and Mayor Porter.
Brenckle -- Reported she would not be in attendance at the March meeting, and
noted the Alaska Bar Association & Westlaw were offering training at the college on
February 12.
Peters -- Welcomed Jenckes and congratulated Dunn for her recent newspaper
article printed in the Peninsula Clarion.
ITEM 10:
PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 11:
INFORMATION
11-a.
Kenai City Council Action Agendas of January 5 and 19, 2005.
ITEM 12:
ADJOURNMENT
MOTION:
LIBRARY COMMISSION MEETING
FEBRUARY 1, 2005
PAGE 3
Commissioner Heus MOVED to adjourn and Commissioner Peters SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:45 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
LIBRARY COMMISSION MEETING
FEBRUARY 1, 2005
PAGE 4
KENAI PARKS/~ RECREATION COMMISSION
FEBRUARY 3, 2005
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1:
CALL TO ORDER/is ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
ELECTION OF CHAIR AND VICE CHAIR
ITEM 4:
APPROVAL OF MEETING SUMMARY--
a,
November 4, 2004
January 6, 2005
ITEM 5:
PERSONS SCHEDULED TO BE HEARD
a. Jason Elson -- Donation of Property
ITEM 6:
OLD BUSINESS
ao
ITEM 7:
Discussion-- Section 36 Soccer Fields Update
Discussion-- Arctic Winter Games/Multipurpose Facility Update
NEW BUSINESS
a. Discussion-- Town Clock
ITEM 8:
REPORTS
ao
Commission Chair
Director
City Council Liaison
ITEM 9:
COMMISSION QUESTIONS/is CO.MMENTS
ITEM 10:
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 11:
INFORMATION
a,
Council Action Agendas of January 5 and 19, 2005.
ITEM 12:
ADJOURNMENT
KENAI PARKS/~ RECREATION COMMISSION
FEBRUARY 3, 2005
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
VICE CHAIR MIKE BAXTER, PRESIDING
MEETING SUMMARY
ITEM 1'
CALL TO ORDER/h ROLL CALL
Vice Chair Baxter called the meeting to order at approximately 7:00 p.m.
confirmed as follows:
Roll was
Commissioners Present:
Commissioners Absent:
Others Present:
Moore
D. Sandahl, M. Baxter, R. Mills, and T. Werner-Quade.
D. Hultberg, J. Castimore, and K. Steiner
Parks & Recreation Director B. Frates, Council Member J.
ITEM 2:
AGENDA APPROVAL
There were no changes made to the agenda and it was approved as presented.
ITEM 3:
ELECTION OF CHAIR AND VICE CHAIR
MOTION:
Commissioner Sandahl MOVED to nominate Mike Baxter as Chair and Teresa Wemer-
Quade as Vice-Chair. There were no objections. SO ORDERED.
ITEM 4:
APPROVAL OF MEETING SUMMARY--
November 4, 2004
January 6, 2005
There were no changes to the meeting summaries and they were approved as
presented.
ITEM 5'
PERSONS SCHEDULED TO BE HEARD
Jason Elson-- Donation of Property
Elson explained his father, James Elson, was interested in donating an irregularly-
shaped piece of property to the city for use as a rest stop. The property, Elson noted, is
located along the Spur Highway near The Pillars and is not suitable for building a
home. Elson added, his father felt the property could be better used as a rest area.
A brief discussion followed in which Commissioner Sandahl suggested it be
recommended to council the property be accepted for this use.
ITEM 6: OLD BUSINESS
Discussion -- Section 36 Soccer Fields Update
Parks & Recreation Director Frates explained the city's grant application was being
reviewed and he hoped to have a response sometime during February. He noted, if it is
accepted, a more specific and refined grant proposal will need to be prepared and
forwarded to Washington, DC for final review.
During discussion, Frates reported he would have copies available for the Commission
at his office.
Discussion-- Arctic Winter Games/Multipurpose Facility Update
Frates presented an update relating to Arctic Winter Games (AWG) funding for various
upgrades at the City's multipurpose facility. He noted, a presentation was made to
council at its February 2 meeting by Andrew Carmichael, AWG Facilities Chair. Frates
added, the upgrades were agreed upon and the work will progress in the near future.
ITEM 7:
NEW BUSINESS
Discussion-- Town Clock
Frates referred to information included in the Commission's packet relating to town
clocks. He noted, council referred the information to the Commission for its review and
recommendation. Frates noted, special consideration would need to be given to height,
location and re-set capability.
Discussion followed during which Council Member Moore explained the origin of the
request for a town clock and that $5,000 was included in the current budget for such a
purchase. Since receipt of brochures, etc., it was recognized additional funds would
need to be provided for such a purchase and placement.
Comments of Commission included hesitancy to vote on a clock without knowing the
budget ramifications and what the impacts would mean and it was also expressed, a
town clock was not necessary. The Commission's recommendation was the city would
be ill-advised to purchase a town clock.
ITEM 8: REPORTS
Commission Chair-- No report.
8-b. Director -- Frates reported the following:
· The Department was busy with use of the multipurpose facility and
grooming efforts at the Kenai Nordic trails. · Draft budgets had been returned to the Finance Director.
· A death occurred at the Recreation Center.
PARKS & RECREATION COMMISSION MEETING
FEBRUARY 3, 2005
PAGE 2
· A visit to the Recreation Center would be held prior to the March
Commission meeting.
8-c. City Council Liaison -- Council Member Moore reviewed actions taken
by council at their February 2 meeting, including:
· A presentation by Kenai Central High School students relating to their
desire to hold their graduation ceremonies at the school auditorium instead of the
Sports Center.
· Mayor's "Coffee Time" with citizenry who discussed snow machine races,
ski races, bike parades, and music in parks.
ITEM 9:
COMMISSION (~UESTIONS ~ COMMENTS
Mills -- Discussed the Spring Clean-Up and the collaboration with Conoco-
Phillips and the Kenai Chamber of Commerce. Mills suggested the cemetery be
included for a future update relating to the construction of a gazebo and miscellaneous
work.
Werner-Quade -- Reported on the success of the Peninsula Winter Games.
Baxter -- Noted his enjoyment of the ice sculptures for the Peninsula Winter
Games situated around the communities.
ITEM 10:
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ITEM 11:
INFORMATION
11-a.
Council Action Agendas of January 5 and 19, 2005.
ITEM 12:
ADJOURNMENT
The meeting adjourned at approximately 8:15 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
PARKS & RECREATION COMMISSION MEETING
FEBRUARY 3, 2005
PAGE 3
lo
e
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
January 26, 2005- 7:00 p.m.
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
*APPROVAL OF MINUTES:
a. *January 12, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ05-04- An application for a Conditional Use Permit for an in-home massage therapy
business for the property known as Lot 44, Block 1, Redoubt Terrace Subdivision (109
South Gill Street), Kenai, Alaska. Application submitted by Jean-etienne Wetter, 109
South Gill Street, Kenai, Alaska.
b. PZ05-05 - An application for an Encroachment Permit for a front yard setback for the
property known as Lot 1, Block 6, Redoubt Terrace Addition No. 3, BluffView
Condominiums (406 South Forest Drive), Kenai, Alaska. Application submitted by F.
DeWayne & Diane E. Craig, P.O. Box 1613, Kenai, Alaska.
6. OLD BUSINESS:
e
NEW BUSINESS:
a. *PZ05-07 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 4, Block 5 Thompson Park Subdivision No. 2 (235 Eisenhower Lane),
Kenai, Alaska. Application submitted by Stephanie Owens, 235 Eisenhower Lane,
Kenai, Alaska.
Amendment to Kenai Mtmicipal Code - Title 14- Definitions (Condominium) -
Discussion
Lease Application, Portion of Tract A, General Aviation Apron No. 2 - Charles E. &
Helen L. Tulin- Discussion and Recommendation
be
C,
8. PENDING ITEMS:
e
CODE ENFORCEMENT:
a. 2004 Year End Report
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Planning & Zoning Roster
b. Board of Adjustment Minutes PZ04-49
c. Finding & Decision- Spring 2005 Land Disposal Auction 435
d. Board of Adjustment Decision In the Matter of the Appeal of Blue Sky Pilots Trust
13. COMMISSION COMMENTS & QUESTIONS:
14. AD J O URNME NT:
CITY OF KENAI
PLANNING/is ZONING COMMISSION
CITY COUNCIL CHAMBERS
JANUARY 26~ 2005
7:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MEETING MINUTES
ITEM 1:
CALL TO ORDER
Chair Hammelman called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners Present:
Others Present:
C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge,
N. Amen and J. Barrett
Council Member Ross, City Clerk Freas, Building Official
Springer, and Planning & Zoning Department Assistant
Carver.
A quorum was present.
X-bo
Agenda Approval
MOTION:
Commissioner Bryson MOVED to approve the agenda, however, moving Item No. 7-c
forward between Items 4 and 5 and Commissioner Barrett SECONDED the motion and
requested UNAIflI~OU$ CONSENT. There were no objections. $O ORDERED.
1 'Ce
Consent Agenda
MOTION:
Commissioner Glick MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- January 12, 2005
Approved by consent agenda.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4:
CONSIDERATION OF PLATS-- None.
ITEM 7: NEW BUSINESS
Discussion/Recommendation -- Lease Application, Portion of Tract A,
General Aviation Apron No. 2 - Charles E. & Helen L. Tulin.
Planning & Zoning Department Assistant Carver reviewed the memorandum included
in the packet, noting the property was in the process of being subdivided; the parcel is
zoned Light Industrial (IL); and, the Commission needed to determine if the intended
use complies with the zoning ordinance and the Comprehensive Plan. Carver also
reported, the proposed use complies with the zoning ordinance and the Plan and the
Airport Commission recommended Council approval of the lease application during
their special meeting immediately prior to the Commission meeting.
Council Member Linda Swarner-- 298 Rogers Road, Kenai and Council Liaison to
the Airport Commission. Swarner reported the Airport Commission in a special
meeting immediately prior to the Planning & Zoning Commission meeting in order to
consider this lease application. She noted, the Commission found the lease
application to be in the best interest of the airport, was in accordance with the Airport
Master Plan, and recommended approval of the lease application.
MOTION:
Commissioner Glick MOVED to recommend approval of the lease application for a
portion of Tract A, General Aviation Apron No. 2 to Charles e. & Helen L. Tulin.
Commissioner Amen SECONDED the motion.
Commissioner Bryson reported his work was involved with the project and he would
abstain from voting on the issue, however he was available for questions.
Charles Tulin, 529 West Third Avenue, Anchorage, 99501 -- Mr. Tulin noted the
following:
· They are interested in developing the property to its highest and best
use.
· They have been in discussions with Federal Express and will be meeting
with them again in February.
· They want to build a large hangar with aviation-related shops and offices
with the possibility of building a second hangar on the Granite Point/Willow comer of
the property.
They plan to develop the property with a 60 foot setback to allow for
landscaping and parking.
· The construction would be high quality.
· If the lease application is approved, they would want to begin preparing
the property for construction this year.
Tulin added, as a result of their moving forward with the lease application, they have
been contacted by United Parcel Service, who are also interested in a more central
location, as well as FAA who stated they are requiring additional office space and
inside storage.
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 2
Rebecca Cronkhite, Kenai Airport Manager-- Cronkhite reported, this property had
been before the Commission previously with a different application that was not
pursued. She explained, Tract A-1, fronting on Willow Street, is ready for development
and would be where the hangars would be built. Previously, it had been indicated
Tract A-3 and Tract A-2 were designated for future apron expansion and transient
aircraft parking. Before proceeding with the applicant, she met with FAA. She noted,
the lease would include restrictions that Tract A-2 would be developed as an aircraft
parking apron, with the possibility of T-hangars being constructed there.
Cronkhite stated, she met with FAA to insure that even though it is in the Master Plan
for future apron expansion, the FAA does not require the airport build that apron to
park transient aircraft, but is a place they feel in planning, that should be done. She
noted, it seemed the benefits of Tulin building the aircraft parking area were obvious.
Cronkhite explained, some of the things Tulin was proposing would accommodate a
full FBO service to the corporate jets coming through the airport. She also noted
drainage issues with this lot are being addressed by the City. The lessee will receive
drainage specifications to which the ramp/apron property x~ill be required to be
developed in order to avoid any conflicts with the airport properties.
Commissioner Amen questioned the Building Restriction Line (BRL). Cronkhite
explained, the BRL currently exists approximately where the utility easement is and
will allow Tulin to build his hangars well behind the BRL as required. She added, in
her meetings with FAA, if Tulin pursue building T-hangars on the parking apron,
because of the relationship with the taxiway, etc. the City can apply to the FAA to
move the BRL to accommodate a T-hangar if necessary.
Amen questioned the 55-year length of lease and asked if the lease stipulated the
city's ability to invalidate it if the planned development does not take place in a certain
amount of time. Cronkhite explained, the lessee is required to build within two years
and the size of the investment determines the term of lease. She added, the City is
protected in several ways.
VOTE:
Glick
Yes
Twa_it Yes
Barrett Yes
Hammelman
Eldrid§e
Yes Bryson
Yes Amen
Abstain
Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5:
PUBLIC HEARINGS
PZ05-04- An application for a Conditional Use Permit for an in-home
massage therapy business for the property known as Lot 44, Block 1,
Redoubt Terrace Subdivision (109 South Gill Street), Kenai, Alaska.
PLANNING & ZONING COMMISSION MEE-~ING
JANUARY 26, 2005
PAGE 3
Application submitted by Jean-etienne Wetter, 109 South Gill Street,
Kenai, Alaska.
Carver reviewed the staff report included in the packet, noting the application for
Conditional Use Permit is for an in-home massage therapy business and the applicant
plans to convert a 13'xl 5' portion of their existing garage for the business. She also
reported the use is consistent with the zoning code and the Comprehensive Plan and
staff recommended approval of the permit.
The public hearing was opened.
Annett Lynn Wetter, 109 Gill Street, Kenai -- Wetter noted the following:
· There would be no abnormal amount of noise with the business.
· It would involve a limited amount of traffic during the day.
· Signage would include a sign (limited to five square feet) placed above the
garage doorway and would not be any on the street.
Currently there are no legal requirements for these types of businesses
outside Anchorage or Fairbanks, though she has acquired a certain amount of
education and plans to receive a national certification.
· There is adequate parking space available using her driveway.
· Currently, the business would be limited to herself alone, though she
would like to move to a commercial area in the future as her business grows.
Carver also reported the permit is transferable to another person at the same site but
not without going through the Conditional Use Permit process, though the permit
cannot be transferred to another site.
The public hearing was closed.
MOTION:
Commissioner Eldridge MOVED to approve PZ05-04 and Commissioner Glick
SECONDED the motion.
Building Official Springer confirmed the signage described by the applicant conforms
with the home-use limitations.
VOTE:
Glick Yes
Twait Yes
Barrett Yes
Hammelman Yes
Eldridge . Yes
Bryson Yes
Amen No
MOTION PASSED.
The applicant and audience was informed of the appeal process.
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 4
PZ05-05 - An application for an Encroachment Permit for a front yard
setback for the property known as Lot 1, Block 6, Redoubt Terrace
Addition No. 3, Bluff View Condominiums (406 South Forest Drive),
Kenai, Alaska. Application submitted by F. DeWayne & Diane E. Craig,
P.O. Box 1613, Kenai, Alaska.
Carver reviewed the information included in the packet, noting the following:
The encroachment permit requested is for the front yard setback on the
Toyon Drive (Way) side of the building.
In 2002, the Commission denied a setback variance to build in this
·
setback.
codes.
built.
Building Permit B3938 was issued that met the building and zoning
The encroachment was discovered in October, 2004 with a submitted as-
Both the applicants and Building Official Springer were present to
answer questions.
· Planning staff recommended denial of the encroachment permit.
Commissioner Amen, referring to the letter included in the packet from the applicants
and requesting Amen recuse himself from voting on the issue, noted the following:
.... · From his recollection and the public record, he estimated he supported
Craig's position on several occasions.
· The Commission needs to remain objective on either side of an issue.
Requested he be recused during the discussion and voting process on
PZ05-05. He explained, he did not want to set a precedent, but wanted to be a good
neighbor and by vacating his seat, he felt it would add validity to the Commission's
decision on the issue.
Chair Hammelman stated he would allow Amen to recuse himself, unless there was
objection from the Commission.
Commissioner Bryson stated he felt Amen should be allowed and required to vote on
the issue. He noted, people become aware of issues coming before the Commission by
public posting of the agenda on bulletin boards, newspaper publication of the agenda,
and signing on the property. Bryson added, the subject property had been before the
Commission multiple times and anyone who had not formed a perspective on different
components related to the property, he would question the qualifications for being on
the commission.
Bryson stated, planning commissioners are selected from around the city to provide
input in specific areas of the city. Instead of restricting members from participation
on an issue, he believed the members should be encouraged because they have a
greater local knowledge on the issues affecting their neighborhoOd. Bryson stated, as
a commission member, he had been notified three times because he lived within 300
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 5
feet of issues taking place before the Commission. All affected him, though he did not
support all of the issues. Bryson stated, he believed Commissioner Amen should be
allowed to vote on the issue.
Commissioner Glick stated he believed there were many issues coming before the
Commission and some or all of the members are familiar with the property involved
because Kenai is a small town and because they know or drive by the properties on a
frequent basis. Because they may be neighbors, they should not be recused from
voting or participating in the discussions. Glick stated, as long as the issue does not
affect the member monetarily, i.e. there is nothing for the member to gain or lose from
the issue, the Commissioner should participate in the process.
Commissioner Barrett stated, though the arguments of Glick and Bryson were good,
he would acquiesce to Amen's best judgment.
Commissioner Eldridge stated, though he understood Amen did not have to recuse
himself if there is no monetary involvement, he believed there was some feeling that
since he testified when Craig appealed to the city council on a previous issue for the
same property, as a resident of the area involved, he would be left with some question
of whether he should participate on the issue or not. However, he believed it was
Amen's decision as to how it would affect his decision-making ability on the
Commission.
Commissioner Twait stated, the precedence it would or would not set was something
needing to be considered as to what may or may not happen in the future. He added,
even though Amen stated he did not want his request to recuse himself to set a
precedence, the potential was there to do that and to keep the integrity and
effectiveness of the Commission in tact, he believed Amen should participate in the
process and consideration of the issue.
Hammelman stated, he believed it was Amen's decision, but did not want to think any
of the members would not be impartial in making decisions.
Amen stated, his request stood to recuse himself.
MOTION:
Commissioner Bryson MOVED to not allow Commissioner Amen to be recused from
the voting and Commissioner Glick SECONDED the motion.
There was no discussion on the motion.
VOTE:
Glick Yes
Twa_it Yes
Barrett No
Hammelman No
Eldridge
No
Bryson Yes
Amen Yes
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 6
MOTION PASSED.
Hammelman explained, with the vote on the motion, Commissioner Amen would
participate in the process on the issue {including voting}. Hammelman opened the
public hearing on the issue'
Verbatim begins'
DeWayne Craig, 406 South Forest Drive, Kenai -- Sorry that I have to be here again.
I was pretty upset, I was pretty upset when I found out that I had another
encroachment and I'd like to keep it brief. There's not too much I can say, I think,
that you don't already know.
I just want to go over a few things on the staff report. On the second page, page 2,
second paragraph, it says, the bottom floor of the structure meets the codes, so the
garage is okay. It can be 15 feet into the setback, but it says that the living space
can't be on the second and third floor. The encroachment, when I talked to Cliff
Baker, he said it was one and one-half square feet and this is approximately one and
one-half square feet (Craig held up a paper diagram), so that's the size of
encroachment that we're talking about and the living space, if you talk about, if you
break it down to the actual living space, this comer right here that's not, does not
have any marks on it, is the actual living space approximately. It could be a half inch
one way or the other, but it gives you an idea of what we talked about. This outside is
T-111. The sheetrock and the two-by-sixes make up the outside walls.
When I got ready to do this, I called Cliff Baker cause we just did, we just did an as-
built and I asked him how far over I should move it from the existing building, the
two-story building, so that it would, so I wouldn't be an encroachment. He told me so
many inches, I don't remember what it was now, and I think I moved it over a couple
more inches than what he said, and, so I made that effort when I laid out the footings
and Bob said that he wanted to make sure that the footings were, weren't in an
encroachment, and so together we worked on measuring it and I had the footings, I
had the footings in the ground and he did a footing inspection and on the inspection
report he put verified setbacks apparently, or appear to be okay -- measured off the
centerline of Toyon Way appears to be 25 feet nine inches, the property line to the
comer of the garage closest to the comer of Toyon and Forest Drive, so I thought,
great, you know. I thought I was okay cause I did it the way Cliff, where Cliff says it
was and we came out with 25 feet nine inches when, when the city building inspector
and I measured it together.
Over on the second page, or excuse me, page 3, under recommendations, it says it
meets the requirements, Kenai Municipal Code 14.20.185, so the planning people said
that. Then you go down to the third paragraph under recommendations, it says there
are encroachments on four, on all four sides. I think you're as well aware as I am
that, how I cleared up the other three encroachments, the 1980 encroachment and the
encroachment over the living area. All three of those have been taken care of and you
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 7
guys have a good history on that. I'm not going to go into that anymore.
And then, then it says, every effort to insure that these requirements were met. The
planning says that I didn't, make every, every effort to make sure these requirements
were met and they're probably right. I, I, ...looking back on it, I should have had the
surveyor come over and put a stake where I, where it needed to be but I thought, you
know, there was a measuring error made, I checked with Cliff Baker before I did it.
We measured footings when they were in the ground and then, when I had the latest
as-built done, it was, well I had the date here somewhere, anyway it's just a month or
so ago, a couple months ago. Maybe October. Cliff Baker, I was talking to him while
he was doing the field survey and he said that it looks okay, probably won't know until
we do a drawing. So even Cliff Baker said, after he was doing the deal, it looked okay
and so, with him doing it, I guess there was a measuring error somewhere and he was
talking about it's hard to do the measuring error, the measuring correctly I guess,
because the way the road is not at a 90-degree angle, so it goes off 110 degrees or
something like that, so I guess what must have happened, it was hard to get a straight
line to where the middle of the road was to verify the setbacks.
So, what I'm asking for tonight is a foot-and-one-half, and if you, if you take out the, if
you take out and just look at what the planning says is living space, this little section
here would be the actual living space on the foot and one-half encroachment. One
and one-half foot encroachment. That's what we're talking about and that's what
we're asking you to do.
Hammelman:
Thank you Mr. Craig. Hold for question please. Jay?
Barrett: I hope when you had the measurement of the footing done and that it
came 25 feet nine inches, at that time and pardon me if it's in here and I didn't read it,
at that time did you plan on putting living, two stories of living space above that
structure and did...
Craig:
It was all part of the building permit at that time. Yes.
Barrett: And, correct me if I'm wrong here, but there are two different ways that
this could not be a problem. One is if you didn't have living space on top there and
the other is if the Forest Drive side was considered the front and the other drive...
Craig:
...would be considered the side...
Barrett:
...the side setback. Is that right?
Craig: Yeah.
Barrett: Okay.
Craig: But I, but I think it's pretty clear in here that when you're out... (tape
change)...that you take both sides as fronts.
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 8
Hammelman:
Yes, day.
Barrett: I'd like to ask the Building Official this. The purpose of the side setbacks
is safety for, perhaps say for a fire if there's another home next door you want more
space on sides, enough space on sides?
Building Official Springer' The building code has separate setbacks and that is in
relation for the spread of fire. They, it, it requires a minimum setback to solve that, to
try to alleviate the spread of fire.
Barrett:
Are front setbacks mostly for esthetics or to provide for parking or...
Springer: It's, yeah, it's all esthetics. The building code has no requirement for
when you front on a public way, there is no, no setback for that in the building code.
Barrett: Thank you.
Hammelman:
comments.
Are there other questions for Mr. Cra/g?
Okay, we appreciate your
Craig:
Thank you very much.
Hammelman:
this evening?
Is there anyone else in the audience that would like to comment
Barrett:
He may not have heard you...
Glick:
He did, he said no...
Hammelman' I was actually waiting for a response from Mrs. Craig. Hearing
and seeing none, we'll close the public hearing and ask for the wishes of the Planning
Commission or Planning & Zoning Commission.
Public Hearing was closed. Eldridge noted he received several calls relating to the
issue. One was from a neighbor living on Toyon Way who felt it would not be
appropriate to deny the permit and felt there was not a problem. Eldridge asked
Springer's recollection of the measuring when the footings were placed. Springer
stated, when he did the footing inspection, they pulled the tape measure off a string
line and that was where the 29 foot 9 inches was noted. Springer added, it was
possible Toyon Way was not centered in the right of way. He noted, there was a nine-
inch cushion and it appeared that would be sufficient.
Eldridge noted, because it was just one comer of the building and the area was
minimal that was impacted, he believed Craig made efforts to comply with the setback
requirements and had it inspected by the Building Official and an engineer. He
suggested, even though the past issues, even though it was listed in the report, was
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 9
not what was to be voted on currently. Hammelman noted, he believed the
Commission was aware of that and requested a motion.
MOTION:
Commissioner Eldridge MOVED for approval of PZ05-05 for an application for an
encroachment permit for the front yard setback at the property identified as 406
South Forest Drive and Commissioner Glick SECONDED the motion.
Bryson stated he was quite familiar with the history of the property and found it
disturbing with the continual encroachment situation on the property representing all
four sides, several building permits where there were deviations from the
requirements, but also realized the 1½ square foot was an insignificant amount and
would support the motion.
Amen asked if he could abstain from the vote and Hammelman stated no, because his
opportunity to abstain had passed and the justification monetarily wise as a reason to
abstain was not supported by the Commission.
Barrett stated, he believed the option of denying the permit would mean tearing down
two stories of a building. He added, he hoped any future additions to the building
would be more closely measured.
Hammelman referred to the recommendation included in the staff report, i.e. if the
Commission grants the request, before the permit being granted the applicant should
be required..."To complete Building Permit B3938 according to the application and
building permit issued prior to the encroachment permit being issued." Hammelman
asked Springer if that would still be effect. Springer stated yes and added, currently
the applicant was not in full compliance with Building Permit B3938 and in order for
him to become in full compliance, he would be required to obtain another building
permit to add another part to the structure. Springer added, it would not increase the
footprint of the building, but would complete the B3938 permit.
Hammelman asked the maker of the motion (Eldridge) if his intention was to include
that recommendation. Eldridge noted it was and the second (Glick) concurred.
VOTE:
Glick Yes
Twait Yes
Barrett Yes
Hammelman Yes
Eldrid§e
Yes
Bryson Yes
Amen Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6:
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 10
1~05-07 - An application for a Home Occupation Permit for a daycar¢ for
the property known as Lot 4, Block 5 Thompson Park Subdivision No. ~.
(P.35 Eiscnhowcr Lane), Kcnai, Alaska. Application submitted by
Stcphani¢ Owens, ~35 Eiscnhowcr Lane, Kcnai, Alaska.
Approved by consent agenda.
7-bo
Discussion -- Amendment to Kenai Municipal Code - Title 14-
Definitions (Condominium)
Carver requested comments from the Commission as to the draft definitions included
in the packet. There were none offered. Carver reported the issue would be brought
forward for public hearing on the next Commission agenda.
Discussion/Recommendation -- Lease Application, Portion of Tract A,
General Aviation Apron No. 2 - Charles E. as Helen L. Tulin.
Heard after Item 4.
ITEM 8:
ITEM 9:
PENDING ITEMS-- None.
CODE ENFORCEMENT
9-a. 2004 Year End Report-- Carver noted, funding for a. Code Enforcement
Officer has been included in the budget work sheets to be submitted to Administration
for review.
ITEM 10' REPORTS
10-a. City Council -- Council Member Ross noted the following:
· The action agenda from the January 19, 2005 council meeting was
included in the packet.
· Ordinance No. 2078-2005, which would make extensive changes to the
utility ordinance and regulations, was removed from the consent agenda and from the
agenda. A work session to review the changes will be scheduled before the ordinance
will be returned to council for consideration.
The Kmart liquor license and he explained, though the store was no
longer situated in the city, the package license was being kept current.
· The 'town clock' issue was referred to the Parks & Recreation
Commission to review and make recommendation as to type and location for
placement. He noted, $5,000 was included in the current budget for the purchase,
however information received indicated the project would be more costly. Amen
suggested citizens may be interested in donating to the project.
10-b. Borough Planning -- Commissioner Bryson noted the agenda for their
January 24, 2005 meeting. He noted there were two vacations considered and both
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 11
were approved.
10-c. Administration -- Carver reported the ordinance to include a Limited
Commercial Zone to the zoning code had been completed and would come to the
Commission for public hearing at their February 9 meeting. A draft of the daycare-by-
relatives ordinance would also be forwarded to the Commission for review.
Eldridge stated he believed the Millennium Square property should be rezoned to
conform to the Comprehensive Plan. Carver stated she would research the issue and
a report would be offered at the next Commission meeting.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12:
INFORMATION ITEMS
12-a.
12-b.
12-c.
12-d.
Planning & Zoning Roster
Board of Adjustment Minutes PZ04-49
Finding & Decision - Spring 2005 Land Disposal Auction 435
Board of Adjustment Decision In the Matter of the Appeal of Blue Sky
Pilots Trust
ITEM 13:
COMMISSION COMMENTS/h QUESTIONS
Eldridge -- Suggested the Commission should not consider any additional
encroachments for additional condominiums on the Craig property since it there are
encroachments on all sides of the building.
Amen -- Stated he believed the Commission did a great job during the meeting
in maintaining professionalism and integrity relating to the Craig matter; he wanted to
be sure the Commission were proper in their dealings; and, some of his questions and
clarifications were to insure public knowledge as the discussions progressed.
Amen referred to DeWayne Craig's letter included in the packet and noted the
following (as an individual):
· His first statement claiming he spoke as a private citizen and sought to
influence the Board by presenting himself as a Planning & Zoning Commissioner -- he
acknowledged himself as a private citizen in that he and his wife have a home in the
area and indicated he was on the Planning & Zoning Commission in order to make full
public disclosure.
· During the Board of Adjustment, he was asked what the Commission felt
about a particular item and he clarified he was not representing the Commission at
that time. He took exception to this statement of Craig.
He took the letter as a challenge to his integrity as to whether he is
fulfilling his oath as a Commissioner and wanted to strongly refute it. He added, his
integrity was not decided by his vote, but his integrity was decided by the manner in
which issues are analyzed.
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 12
· Appreciated the support of the Commission on keeping the integrity and
professionalism of the Commission intact.
Barrett-- No comments.
Twait -- Asked Springer, when certified plot plans were required before issuing
a building permit, were there less applications for encroachments since that
requirement changed. Springer stated he felt they were probably the same amount.
Bryson -- Noted the following:
· Plot plans are paper plats, presumably to scale, but are not a survey.
· Noted, issues are brought to the Commission for a decision; if council
believes Commission members should recuse themselves from decisions, they should
provide guidelines in that respect.
· Clarified his motion to compel Commissioner Amen to participate in the
Craig matter was not a reflection on Amen. He added, he believed the Commission
needed to address the Craig request for Amen to recuse himself which he felt the
Commission did.
A brief discussion followed. Hammelman noted, he was not sure how the issue should
have been handled and was happy with the outcome.
ITEM 14:
ADJOURNMENT
MOTION:
Commissioner Barrett MOVED to adjourn and Commissioner Eldridge SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:19 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
JANUARY 26, 2005
PAGE 13
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 9, 2005 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
e
*APPROVAL OF MINUTES:
a. *January 26, 2005
3. SCHEDULED PUBLIC COMMENT:
e
CONSIDERATION OF PLATS:
a. PZ05-09 - Preliminary Plat - General Aviation Apron No. 4 (A resubdivision of General
Aviation Apron No. 2, Tract A) within Surveyed, Section 32, T6N, R11 W, SM, Alaska.
Plat submitted by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska.
Se
PUBLIC HEARINGS:
a. PZ05-06 - An application to amend Conditional Use Permit PZ02-27 from a catering
business to meal preparation sessions for the property known as KN T06N R11W S34
NWl/4 SWl/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Applicant submitted
by Cheney McLenna dba The Family Table, 601 Davidson Street, Kenai, Alaska.
b. PZ05-08 - A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that Title 14 be amended to establish a Limited
Commercial Zone and changing several sections of the Kenai Municipal Code to include
the new Limited Commercial Zone.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Zoning- Tract C, Daubenspeck Property- Discussion/Recommendation
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED'
12. INFORMATION ITEMS'
a. Zoning Bulletin (1/10/05)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT'
CITY OF KENAI
PLANNING/is ZONING COMMISSION
CITY COUNCIL CHAMBERS
FEBRUARY 9, 2005
7:00 P.M.
VICE CHAIR CARL GLICK~ PRESIDING
MINUTES
ITEM 1:
CALL TO ORDER
Vice-Chairman Glick called the meeting to order at 7'00 p.m.
1-a. Roll Call
Members Present:
Members Absent:
Others Present:
P. Bryson, J. Twait, B. Eldridge, N. Amen, J. Barrett, C.
Glick
J. Hammelman
Council Member Rick Ross, City Planner M. Kebschull, and
Contract Secretary B. Roper
X-bo
AEenda Approval
The following items were requested to be added to Item 7-a:
pages 28-33 and 53-54.
Comprehensive Plan
MOTION:
Commissioner Eldridge MOVED to approve the agenda adding the lay down items for
Item 7-a and requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED
the motion. There were no objections. SO ORDERED.
1 'C.
Consent Agenda
It was noted the minutes was the only item on the consent agenda.
MOTION:
Commissioner Amen MOVED to remove the approval of the minutes from the consent
agenda. Commissioner Bryson SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 2:
APPROVAL OF MINUTES -- January 26, 2004
MOTION:
Commissioner Eldridge MOVED to approve the minutes of January 26, 2004.
Commissioner Barrett SECONDED the motion.
MOTION TO AMEND:
Commission Amen MOVED to correct the minutes of January 26, 2005, noting Page
12, last paragraph, last sentence should read, "...but his integrity was not decided by
the manner..." Commissioner Bryson SECONDED the motion.
VOTE ON AMENDMENT:
Hammelman Absent
Eldridge
Glick
Yes
Yes
IBryson
Amen
Yes Twait Yes
Yes Barrett Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AMENDED MOTION:
Hammelman Absent
Eldridge
Glick
Yes
Yes
Bryson Yes Twait Yes
Amen Yes Barrett
Yes
MOTION PASSED UNANIMOUSLY.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4:
CONSIDERATION OF PLATS
PZ05-09 -- Preliminary Plat/General Aviation Apron No. 4 (A
resubdivision of General Aviation Apron No. 2, Tract A) within Surveyed,
Section 32, T6N, RI 1W, SM, Alaska. Plat submitted by McLane
Consulting Group, P.O Box 468, Soldotna, Alaska.
Commissioner Bryson stated he would abstain from voting on the item as McLane is
subcontracted by his firm. No objections were stated.
MOTION:
Commissioner Eldridge MOVED to approve PZ05-09 and Commissioner Barrett
SECONDED the motion.
Kebschull stated the plat subdivides a 5.24 acre parcel into three smaller parcels.
tracts meet the lot size requirements and staff is recommending approval.
The
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 9, 2005
PAGE 2
VOTE:
Hammelman Absent
Yes
Eldridge
I Glick
Yes
Bryson
Amen
Abstained Twa/t Yes
Yes Barrett Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
PZ05-06 - An application to amend Conditional Use Permit PZ02-27
from a catering business to meal preparation sessions for the property
known as KN T06N R11W S34'NW1/4 SW1/4 SW1/4 NE1/4 {601
Davidson Street), Kenai, Alaska. Applicant submitted by Cheney
McLenna dba The Family Table, 601 Davidson Street, Kenai, Alaska.
MOTION:
Commissioner Eldridge MOVED to approve PZ05-06 and Commissioner Bryson
SECONDED the motion.
Kebschull reported the business replaces a previously approved conditional use permit
for a catering business. The proposed amendment will allow on-site meal preparation
for four to six participants. The proposed business would not appear to increase the
previous activity at the site. Kebschull added, staff recommends approval and noted
the applicant was in the audience if there were any questions.
The public hearing was opened. There was no public comments and the public
hearing was closed.
Bryson asked if there had been any input from neighbors and Kebschull replied there
was no response to the public hearing notice.
VOTE:
Hammelman
Eldrid§e
Glick
Absent Bryson
Yes Amen
Yes
Yes Twa_it Yes
Yes Barrett Yes
MOTION PASSED UNANIMOUSLY.
PZ05-08 -- A Resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that Title 14 be
amended to establish a Limited Commercial Zone and changing several
sections of the Kenai Municipal Code to include the new Limited
Commercial Zone.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 9, 2005
PAGE 3
Kebschull explained the resolution and added the Commission did a good job with
their input on the proposed resolution.
The public hearing was opened. There were no public comments and the public
hearing was closed.
Eldridge, referring to 14.20.120, item (b), thought it should state the footprint of the
structure should not exceed 2,500 square feet. Kebschull clarified, "gross floor area"
is a planning term and it refers to a footprint but she would check with the City
Attorney to see if further clarification is required. If so, the change will be made prior
to being forwarded to City Council.
Eldridge, referring to the Draft Land Use Table, under Miscellaneous, noted there was
no designation under the Limited Commercial Zone for Animal Boarding and asked if
it shouldn't be "C." Kebschull stated she would make the necessary change before the
issue is forwarded to Council.
VOTE:
Hammelman Absent
Eldridge
Glick
Yes
Yes
Bryson Yes Twait Yes
Amen Yes Barrett Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6:
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS
7-a,
Discussion/Recommendation -- Zoning/Tract C, Daubenspeck
Property
Commissioner Barrett, referring to the memorandum included in the packet regarding
zoning of Tract C, asked if "petition" was the correct term in the last paragraph. He
explained, he thought "amendment" would be more appropriate. Kebschull stated she
would change the term to amendment.
MOTION:
Commissioner Eldridge MOVED to recommend that Tract C, Daubenspeck Property be
rezoned to General Commercial. Commissioner Twait SECONDED the motion.
Bryson stated he felt a rezone of the area was premature at this time as there had
been no determination for what the property would be used. Eldridge stated the KEDS
group suggested the property would be more attractive if it were zoned General
Commercial and he recommended the public hearing process should begin.
Commissioner Amen asked why the zone should change before there was even any
PLANNING as ZONING COMMISSION MEETING
FEBRUARY 9, 2005
PAGE 4
interest in the property. Eldridge responded, stating most developers would not be
interested in a split zone and if the change was made now then the property could be
marketed by summer. It was noted a zoning change would take approximately 90
days.
Bryson reiterated his concern about the area being rezoned prior to a determination as
to the best use of the property. Discussion ensued regarding mixed zones and overlay
zones. Kebschull stated, a mixed zone should be created before adding an overlay.
VOTE:
Hammelman
Eldridge
Glick
Absent Bryson
Yes Amen
Yes
No
No
Twait
Barrett
Yes
Yes
MOTION PASSED.
ITEM 8:
PENDING ITEMS-- None.
ITEM 9'
CODE ENFORCEMENT-- None.
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the agenda for the City
Council meeting held on February 2, 2005 was included in the packet and offered to
answer any questions.
10-b.
Borough Planning-- No report.
10-c. Administration -- Kebschull reported she would not be available at the
next meeting and Public Works Manager La Shot would be in attendance.
ITEM 11'
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12'
INFORMATION ITEMS
12-a.
Zoning Bulletin ( 1 / 10 / 05)
ITEM 13'
COMMISSION COMMENTS/h QUESTIONS
Commissioner Eldridge reported he would be absent from the next three meetings as
he will be traveling.
ITEM 14:
ADJOURNMENT
MOTION:
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 9, 2005
PAGE 5
Commissioner Barrett MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:42 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 9, 2005
PAGE 6
KENAI BEAUTIFICATION COMMITTEE MEETING
FEBRUARY 8, 2005
7:00 P.M.
KENAI COUNCIL CHAMBERS
AGENDA
ITEM 1:
CALL TO ORDER/h ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
ELECTION OF CHAIR AND VICR CI-!A!I~
ITEM 4:
APPROVAL OF MEETING SUMMARY --
December 14, 2004
November 9, 2004
ITEM 5:
PERSONS SCHEDULED TO B~'. HRA_~r~
ITEM 6:
OLD BUSINESS
a.
ITEM 7:
Discussion -- Flower Bed Planning (Chamber, Rotary Bed)
NEW BUSINESS
Discussion -- Summer Planting Theme
ITEM 8:
REPORTS
ao
Committee Chair
Parks as Recreation Director
Kenai City Council Liaison
ITEM 9:
OUESTIONS AND COMMENT8
ITEM 10:
PERSONS NOT SCHEDULED TO
ITEM 11:
INFORMATION
a.
Parks & Recreation Commission Meeting Summary of January 6, 2005.
City Council Action Agenda of January 5 and 19, 2005.
ITEM 12:
ADJOURNMENT
KENAI BEAUTIFICATION COMMITTEE MEETING
FEBRUARY 8, 2005
7:00 P.M.
KENAI COUNCIL CHAMBERS
CHAIR MARILYN DIMMICK, PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER/h ROLL CALL
Chair Dimmick called the meeting to order at approximately 7:03 p.m.
con£n-med as follows:
Roll was
Members Present:
Members Absent:
Others Present:
M. Dimmick, L. Seymour, L. Nelson, and H. Brown
J. Rogers, S. Hatch, and M. LeFebvre
Council Member Swarner and Parks & Recreation Director Frates
A quorum was present.
ITEM 2:
AGENDA APPROVAL
Director Frates requested "Program" be added to the title of Item 7-a. There were no
other changes to the agenda and it was approved.
ITEM 3:
ELECTION OF CHAIR AND VICE CHAIR
MOTION:
Member Brown MOVED the present positions remain the same with Marilyn Dimmick
as Chair and Helen Brown as Vice Chair. Member Seymour SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 4:
APPROVAL OF MEETING SUMMARY --
December 14, 2004
November 9, 2004
There were no changes to the meeting summaries and they were approved as
presented.
ITEM 5:
PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 6:
OLD BUSINESS
Discussion -- Flower Bed Planning (Chamber, Rotary Bed)
Member Brown reported the Chamber forwarded a suggested design for around the
building and the Rotary was interested in assisting with the bed, including the
purchase of a bench. The plans were distributed and discussion followed. Director
Frates indicated the Chamber walkway and south side of the building were renovated
last season and planting would be easily accomplished. However, the east and north
sides would require a lot of work. He suggested these beds may need to be planted
later in the summer. Brown suggested the planting priorities should be the barrels,
window boxes, walkway, and south side of the building.
The members recommended the flower plans be adopted as presented.
ITEM 7:
NEW BUSINESS
Discussion-- Summer Planting Theme Program
Frates suggested a theme tied to a beautification enhancement project for local
businesses be introduced. He explained, the businesses could be requested to
purchase small planter barrels from local nurseries to be placed in front of their
businesses. He suggested the theme for the summer be "Barrels of Blooms." A general
discussion followed during which, the membership stated their support of the program.
It was suggested Frates contact local gardening businesses (Fireweed Herb Garden,
Home Depot and Connie's Flowersl to suggest their participation in the program.
ITEM 8: REPORTS
8-a. Committee Chair -- Dimmick suggested an associate at Home Depot for
Frates to contact.
8-b. Parks & Recreation Director -- Frates thanked Brown for her work with
the Chamber and Rotary Club; updated the Committee with respect to the town clock
and Parks & Recreation's position on the concept; and reported he is investigating the
purchase of banners for the Leif Hansen Memorial Park. Frates also reported an offer
has been made by James Elson to donate property to the city for a rest stop along the
bike path near The Pillars.
8-c. Kenai City Council Liaison -- Council Member Swarner reported the
Master Gardener Conference would be held locally and requested Kenai beautification
information be provided for handouts. She also reported the Mature Alaskans Seeking
Skills Training {MASST} Program will be considered by council at its February 16
meeting.
ITEM 9:
QUESTIONS AND COMMENTS
ITEM 10:
PERSONS NOT SCHEDULED TO BE HEA_~D -- None.
ITEM 11:
INFORMATION
11-a.
11-b.
Parks & Recreation Commission Meeting Summary of January 6, 2005.
City Council Action Agenda of January 5 and 19, 2005.
BEAUTIFICATION COMMITTEE MEETING
FEBRUARY 7, 2005
PAGE 2
ITEM 12:
ADJOURNMENT
The meeting adjourned at approximately 8:30 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
BEAUTIFICATION COMMITTEE MEETING
FEBRUARY 7, 2005
PAGE 3
F.,ural Alaeka Communi- y Ac'tion Froot
P.O. i~ox 200908, Anchorage, AF, 99520-0908
(907) 279-2511,3 Fax: (907) 27S-2309
www. ruraica?.com
February 3, 2005
The Honorable Pat Porter, Mayor
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Dear M.~r Porter:
It was a real pleasure to meet with you and Linda Snow yesterday to introduce you to the owner-
built housing program that RurAL CAP is launching in the Central Peninsula area. Your
enthusiastic reception and interest in expanding housing opportunities in Kenai have got us
seriously thinking about the possibility of getting a project going in your community sooner
rather than later.
After our meeting, Carole Absher and I went out to see some of the properties you had pointed
out in the neighborhood near Wildwood. You are right, the area could benefit from the energy
that would come with a self-help housing development. I am wondering what the cost might be
to open up and pave Third Street so that the first set homes might be built on that block (where
the water and sewer lines mn down the middle of block bounded by Second and Third Streets). It
is such a nice, wooded area and isn't as impacted by some of the less-attractive uses as the other
blocks. It might be possible for us to work together to find grant funding to pave the street to
accommodate the housing development.
We also took a look at the Northgate Apartments. It is, indeed, unfortunate for such a relatively
nice project to sit boarded up. I've placed a call to Debbie Andrys at USDA in Palmer to see
what I can find out about the disposition process and what options might be available were a non-
profit sponsor to express interest in acquiring and rehabilitating the property. I'm not sure if this
is something RurAL CAP would want to get into, but we could certainly help find another
potential non-profit sponsor. With the high cost of housing, it only makes sense to preserve
existing stock and make it work.
Carole is going to do some more concerted outreach into the Kenai community to see what the
demand might be for a self-help project there. While we are still committed to building in the
Sterling area in partnership with our Head Start parents, we are more than open to looking at
additiona,1 locations. We'll keep you informed as to the findings of this outreach.
yours,
Mitzi ;i~arker, FAICP
Director, Rural Housing &'Planning
½ealt~y People, S~stainal:le Comm~,~ities, Vibrant C~lt~res
To:
From:
February Monthly Report
Linda Snow, City Manager
Rachael Craig, Senior Center Director
Date: February 9, 2005
Total number of days rented in January:
2004: 4 rentals
2003: 2 rentals
2002: 3 rentals
January 2005 Meals Served:
Total Congregate Meals Served:
Total Home Meals Served:
Total Non-Seniors Served:
January 2004 Meals Served:
Total Congregate Meals Served:
Total Home Meals Served:
1,195
1,029
6
1,415
377
The Center had a total of 706 volunteers for January.
Independent Living Center has received a grant through AHFC to do a Peninsula-
Wide Resource bOok for seniors. This would include all agencies that can assist seniors
for various needs.
AARP held their 55+ Defensive Driving classes twice during the evening this
month. There were 25 in attendance.
"KEDS" Committee presented their plan to the seniors and had public comment.
Director attended the" Communities that Care" workshop presented by the
Community Action Coalition for Prevention.
Our Wellness Clinic saw eight clients. These clients had blood draws, blood
pressure checks, feet and toe check-ups with toe trims. This particularly important when
a person has diabetes.
Area senior centers are planning a Senior Olympics on February 24, 25, and 26.
There will be a variety of games to be played from basketball toss, bowling, pool, walk-a-
thon, dans, pinochle, bridge, shuffle board, hula hoop contest, cribbage and poker. These
activities will be played in Soldotna's Mall, Hooligan's as well as at the Kenai Rec.
Center, and bowling alley. Awards will be given at the Mall with a back to the 50's
theme "No-Host" Dinner, dancing and entertainment by Kenai and Soldotna's Senior
Center's Line Dancers. Anyone who is 55 and over may participate. Sign up at your
local senior center.
February 11, 2005
TO:
From:
Subject'
Linda Snow, City Manager
Scott Walden, Fire Chief
January 12- February 10, 2005 Department Report
Type of This This 2005 2004 Difference Percent
Response Period Period to date to date '04- '05 increase
last yr for Year
Fire 18 13 26 !6 +10
EMS 99 77 129 117 +12
Other 29 18 38 26 +12
TOTAL 146 108 193 159 +34
"Other" includes investigations, public assists, mutual aid, search/rescue, hazmat, alarms, ARFF.
Presented Kenai EOC information to Borough Assembly, obtained their support for funding
through Homeland Security Grant Program, to be submitted this month. Police and Fire worked
on this request, with most of burden borne by Chief Kopp. He has done an outstanding job in
protecting the City's interests in this matter. Fire and Police participated with Public Works and
Building Official in the kick-off meeting with ProComm regarding installation of
communications system components at the EOC.
Participated in Job Shadow Day with three students. Continuing work to comply with new
HIPAA Security Rule requirements.
One ambulance had an electrical failure in late January, requiring parts that are difficult to get.
We were able to borrow an ambulance from Nikiski FD in the interim.
University of Alaska Fairbanks (UAF) requested that Chief Walden be part of a curriculum
rev/ew committee to evaluate Fire and Emergency Services Degree Programs. UAF Provost
made the appointment and program evaluation has begun.
Met with Building Official, Airport Admin and Evens Air regarding their plan to clear airport
land and build a facility in Kenai. Offered several alternatives for land clearing to reduce costs
and speed project, and provided copies of applicable codes for fuel storage for their use in
planning.
KENAI. ALASKA
"gi//affe wi h a past,
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone-907-283-3692 /FAX' 907-283-3693
MEMORANDUM
To:
From:
Date:
RE:
Linda Snow, City Manager
Robert J. Frates, Parks 8: Rec. Director
2/10/05
Admin. Report- January 05
The MPF experienced strong numbers for January despite some cold weather and several cancellations.
The Peninsula Winter Games (PWG) Hockey Tournament was a success as was the PWG Nordic ski race
for youth held at the Kenai Nordic Trails. Besides the PWG Nordic race, both the KCHS and KMS held
school sanctioned ski races on our course. The three races combined with general public use kept Micah
and other volunteers busy grooming throughout January.
A local business, The Hobby Stop, is requesting use of a portion of the old FAA area for a one-day event
for radio control races. Their request involves a small oval course cut out with a tractor and the
replacement of dirt at the completion of event. This event is being planned for July 16~ from 9:00AM to
6:00PM. The MPF was up for consideration although the outdoors was more appealing to them.
Moreover, a couple Flea Market Proposals were picked up, however, non returned.
An application to rezone a portion of Sect. 36 from rural residential to recreation has been submitted by
the City. A public hearing is scheduled at the February 23ra City of Kenai Planning and Zoning
Commission.
Unfortunately, a Kenai woman died at the Kenai Recreation Center while taking a sauna. This cause of
death was due to natural causes. Much praise goes to KPD, KFD, and Boys & Girls Club staff members
for handling this difficult matter with professionalism.
The Shop Dept. has been busy servicing our summer maintenance equipment. All indications thus far are
positive, except the oldest John Deere riding mower in the fleet is experiencing some engine problems.
Jack LaShot, Bob Springer, and myself met with Chris Hayes (AWG Sports Manager) and Andrew
Carmichael (AWG Facilities Chair) with regard to MPF upgrades. We are in the process of refining the
projects and timelines. I have also been in contact with Tom Burck (KCHS Vocational Ed.) about the
possibility of assisting; perhaps constructing warming shacks.
Linda Snow
From:
Sent:
To:
Cc:
Ewa Jankowska
Thursday, February 10, 2005 10:05 AM
Linda Snow
Kim Howard
Subject: Kenai Community Library- Monthly Report- January 2005
We are happy to report that many people must have included reading among their New Year's resolutions. Our
circulation increased by 18% and we issued 116 new library cards.
We continue to have storytime readings twice a week and the Russian stow time on Tuesday mornings was put
officially on the library calendar.
On January 18, Corey Hall gave a "KAKM Ready to Learn" workshop for the Title I parents from Sears
Elementary School. Corey attended the training for those workshops at the KAKM headquarters (public television
station) in Anchorage in late October.
The PBS Ready To Learn Service is public television's contribution to help achieve a national goal to ensure that
all children begin school "ready to learn." It is funded by the Office of Innovation and Improvement of the US
Department of Education. Trainings occur twice yearly and we hope to be able to send Corey again in the Spring.
All workshop materials are provided by KAKM through the grant. Workshops include information on KAKM's
children's programs, using the programs in the Learning Triangle: Viewing the program, Doing an activity, and
Reading a book related to the program or activity.
The target populations include families with Iow-literacy skills, families with limited English proficiency, families
who care for children with disabilities, and families who are rural residents.
All children (up to 8 years old) whose parents attend workshops receive a book a month for 5 months. We hope
that this program will be successful and will help parents and children watch television in more creative and
beneficial way. We also hope that Corey's efforts will bring more families to the Library.
2/10/2005
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 /FAX' 907-283-3014
KENAI. ALASKA
2/10/2005
MEMORANDUM
To' Linda Snow
From' Andy Vamer, Economic Development Projects Coordinator
Date: 2/10/05
RE' Mid-month Report
The KEDS group finished up the final round of presentations around the community and went on
a couple of radio shows too in order to generate public interest and comments. We held the
public forum on February 5th to get feedback on our report. The group received some interesting
and valuable comments from the public to incorporate into the KEDS plan. Some of the issues
that came up were narrowing some of our goals, focusing on usage of the library and Kenai's
existing educ. and workforce program sites, and determining the role of tourism in the City of
Kenai. I recently met with the city planner to iron out some of the time frames in the KEDS plan
and to evaluate if the City is the appropriate champion for some of strategies. If not, the group
will work on incorporating who might be better suited to lead
We will be having a couple more meetings in February to revise the plan into a final document,
and to form the KEDS Steering Committee. This committee will be tasked with making sure
strategies in the plan get implemented, and keeping everyone on the same page on how KEDS is
progressing.
The Chamber of Commerce has put out an RFP for their new website, I thought it was to be
accepted by now. It should help give a really good impression of the City and the business
community, so hopefully it's up and running soon. I've also checked out the grant website
Councilwoman Swamer talked about, and I want to mention some of these to the Chamber and
KCVB as possibilities for application. Many grants that I saw were for 501 c3 groups, and both
the CoC and KCVB fall into that category.
CITY OF KENAI
210 FIDALGO AVE., surrE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO:
FROM'
DATE'
SUBJECT:
Linda Snow, City Manager
Jack La Shot, Public Works Manager(~
February 9, 2005
Department Report for Council meeting of February 16, 2005
A current Public Works bid information sheet is attached and will be
included as an information item for Council.
Also, the Code Enforcement 2004 Year End Report is attached for
inclusion in the Council packet if you choose.
Tentatively, Christy Miller, State of Alaska National Flood Insurance
Program Coordinator, plans to be at the March 16, 2005 City Council
meeting to talk about the FEM^ program.
We have ordered four new microphones with cables for the rear of the
council chambers.
Monthly Report For
February 16~ 2005
Keith Komelis~ Public Works Manager
New Well House 4: I am still working through the DNR bureaucracy to purchase the land for the well. The
86-acre parcel that is owned by the State has been subdivided. The parcel that the city is buying is 10
acres and is presently being appraised. We have received revised and updated proposals from the water
treatment plant designers and equipment providers: Two companies brought their pilot plants to our Kenai
well site to design equipment for arsenic, manganese, and iron removal. We plan on determining what is
best for Kenai by studying the capital and operational costs in determining which professional service
should be awarded the contract. We plan to bid the construction, including installing the equipment in the
spring.
Kenai Erosion Control and Coastal Trail' The city has not received the draft report from the Corps, which
is scheduled for completion in March 2005. I am working on the FY 2006 request forms for Senator Ted
Stevens, Senator Lisa Murkowski, and Representative Don Young. The FY 2002 funds ($500,000) were for
the Corps technical evaluation/reconnaissance study. The FY 2005 funds ($500,000) that the Corps will be
getting are to pay for general investigations for permitting and collecting the additional design data that is
required to move the project forward to the construction phase. The FY 2006 funds ($9,800,000) that we
are now asking for are 70% of the costs for final design and construction. We have requested the other
30% from the state.
State Legislative Grant- Joint Municipal Water & Sewer System Analysis: Last summer we received
notification that we have this $50,000 grant. Soldotna applied for $1,000,000 and we each ended up with
$50,000. I would like to write the scope of work as, "Update and improve the City of Kenai Water System
Study with consideration for a joint water system with neighbodng aroas." The money would be used to
update Wm. J. Nelson & Associates Water System Study dated March 28, 1994.
ADF&G and USFWS Grant: I have applied for two grants for culvert repair and replacement. One is for
) the improvements to the culvert on S. Spruco and the other is to roplac.~ the culvert on Boat launch Road.
,Tustumena 200: The City of Kenai helped with the ceremonial start of this dog sled race on January 29.
Lawton Water Main Extension to WH 4; Nelson has completed the preliminary drawings. We are working
with ADEC to get their approval. We am also working with the Corps to get a Nationwide Wetland Permit
since most of the water main will be going through wetlands. We hope to bid this project before summer.
Wetlands Protection - S. Spruce Project: We only have some sign work to do on this project which is
~unded with a $12,000 U.S. Fish & Wildlif~ matching grant. The project is to protect the wetlands next to S.
Spruce and to encourage people to use the trail and stay off the wetlands. USFWS is willing to give us
additional money to purchase signs for this project.
Boatin¢3 Facility Launch Ramp and Road Fxit Project: We have received the $350,000 grant from the
state for adding two new launch ramps. Nelson is working on the design. We do not have sufficient grant
funds to construct the exit road.
Dip Net Fishery: The Harbor Commission reviewed the administration's report and recommends the
following' Ban all rims from a line from South Spmc~ Street extending north and that rims be kept 25 f~et
from any vegetation south of South Spruce Street. Provide three outhouses. Investigate punch cards with
five punches ~or $45 that am transferable. They am discussing it again at their March meeting.
Safe .ty Audit: The recommendations from the safety audit report are being worked on by each facility.
Title 17 - Public Utilities and Enterprises- City Council is meeting in a work session on March 2 at 6 pm
t(before the council meeting) to discuss the recommended changes to Title 17, Public Water and Sewer
Utilities and the Public Utility Regulations and Rates. This has been a very time consuming project but
represents a gmat improvement to the KMC.
KENAI POLICE DEPARTMENT
107 SOUTH WILLOW STREET KENAI, AK 99611
Telephone (907) 283-7879
Fax (907) 283-2267
TO:
Linda L. Snow, City Manager
FROM:
Charles M. Kopp, Chief of Police
DATE:
SUBJECT:
February 11, 2005
JANUARY 2005 REPORT
The Kenai Police Department responded to 547 requests for service in January. The Commumcations Center
received 154 calls for service via E-911.
January was a busy month for a broad range of police activities including burglaries, theft reports, motor vehicle
accidents, welfare concerns, assault investigations and off road vehicle ordinance enforcement.
Patrol Officer Jim Johnson completed his field training, and is now working solo patrol. He is proving a valuable
asset to the department, and has been well received by the public.
The Kenai Police Department is the primary host agency for the May 2005 Alaska Peace Officers Association
statewide conference, to be hosted at the new Kenai Landing resort. The staff is working hard to make this a
memorable, and first-rate training event.
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
FEBRUARY 16, 2005
o
.
.
e
,
,
o
,
.
10.
11.
12.
13.
2 / 10 / 05 DNR, Division of Parks & Outdoor Recreation regarding ranking of
applications for funding through the FY04 Land & Water Conservation Fund
Grant Program.
1/05 Kenai Municipal Airport Enplanement Activity Report.
2 / 2 / 10 / 05 Ty Hardt, Associated Press news article entitled, "Kenai, Alaska
Firefighters Climb to Top of Renamed Mountain."
1 / 20/05 J. Kebschull, Planning Administrator,
End Report."
"Code Enforcement 2004 Year
1/05 Kenai Community Library Activity Report.
1/05 Kenai Multipurpose Facility Activity Report.
2/11/05 Bid Information 2005 Activity Report.
1 / 31 / 05 Troop 152, Boy Scouts of America letter requesting funds to purchase
additional flags.
11 / 22 / 04 and 12 / 20 / 04 Kenai Convention & visitors Bureau meeting minutes.
2/10/05 Kenai River Special Management Area Board Meeting Agenda and
minutes of the 1 / 13 / 05 meeting.
2 / 15 / 05 Kenai Peninsula Borough Assembly Meeting Agenda.
2005 Gaming Permit Application/Cook Inlet Academy.
2006 Project Request Forms/Federal Funding-- Kenai Erosion Control and
Coastal Trail Design and Construction.
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF PARKS AND OUTDOOR RECREATION
FRANK,
GO VER~
550 West
ANCHORA
PHONE:
FAX:
9,, ~ -z0~-8907
February 10, 2005
Re' FY'04 Land and Water Conservation Fund Grant Program
Dear Applicant:
Thank you for submitting an application for funding assistance from the Land and Water
Conservation Fund (LWCF). Alaska will receive $1,662,000 for LWCF projects from the
combined FFY'03 & '04 apportionments. According to Alaska's Open Project Selection Process,
up to 50% of each yearly apportionment may be allocated to Alaska State Parks projects, with
the remainder reserved for projects submitted by local and/or regional government sponsors.
Alaska State Parks did not submit applications for this combined FFY'03 & '04 grant cycle;
therefore, the full amount will be allocated to local and/or regional applicants.
Nine eligible applications were received from local and regional governments. Using the scoring
criteria supplied in the application packages, the three members of the Staff Evaluation
Committee (SEC) reviewed and scored each application. The scores from each member of the
SEC were combined and a ranking based strictly upon the numeric outcome was presented to
the Outdoor Recreation and Trails Advisory Board (ORTAB) on January 19, 2005.
The ORTAB made no changes to the ranking as presented to them. The list was then forwarded
to Gary Morrison, State Liaison Officer for the Land and Water Conservation Fund grant program
in Alaska, for ultimate approval. Mr. Morrison approved the ranking as submitted. Applications
were ranked as follows:
Project Name Sponsor Federal
Ranking Request
1 Bernice AIIridcje Park Rehab Fairbanks North Star Borough 487,478.00
2 Kenai Soccer Park Kenai, City of 251,548.00
3 Orca Inlet Recreational Area Cordova, City of 117,504.00
4 Community Ice Rink Improvements Valdez, City of 500,000.00
5 Pinky's Park Upgrade 2005 Bethel, City of 102,000.00
6 The Ice Palace Nome, City of 315,000.00
7 Chester Creek East 2005 Anchorage, Municipality of 500,000.00
8 Turnaround Skate Park Sitka, City and Borough of 180,395.00
9 Harbor Park Development Seward, City of 445,450.00
TOTAL Applications
2,411,897.00
LWCF Applicant
February 10, 2005
Page 2-
The five highest-ranking applications can be funded in full. The number six priority can be
partially funded up to $203,470. We will be contacting these applicants in the near future to
request the remainder of the documentation required to complete a full application package.
This is not a guarantee of funding. Complete applications must be submitted by the applicants.
These packages will be submitted by our office to the National Park Service (NPS) for approval.
After NPS approves the grant, an agreement will be entered into between Alaska State Parks
and the applicant. If your project was prioritized high enough to receive funding, do not start
work until you have a fully executed grant agreement. No development costs incurred prior to
the full execution of a grant agreement are eligible as reimbursable expenses or as match
against the grant.
Unfortunately, the demand for LWCF monies exceeded the funding available. Therefore, we
cannot fund priorities #7-9. If your application was not prioritized high enough to be funded, we
would encourage you to strengthen your application and re-apply next year should funding be
available and the need still exist.
We appreciate your interest in and support for the state side of the Land and Water
Conservation Fund grant program. If you have questiOns regarding this funding allocation, or
any aspect of the Land and Water Conservation Fund grant program, please contact me at the
above address, at 907-269-8692 or at joyb@dnr, state.ak.us.
Sincerely,
Joy Bryan-Dolsby
Grant Administrator and
Alternate State Liaison Officer
Cc: Heather Ramsay, Project Officer, National Park Service
MONTHLY PASSENGER ENPLANEMENT ACTIVITY
,.5oo
; 500
500
;500
;500
5O0
5OO
5O0
500
5OO
,,
5 yr.
Change Average Change
from 2001- from 5 yr.
Month 2005 2004 2004 2005 Average
Jan 6,023 6,326 -303 6,989 -966
Feb 5,922
Mar 5,993
Apr 5,618
~May 5,700
Jun 6,869
Jul 10,654
Aug 8,945
Sep 6,838
Oct 6,489
Nov 6,245
.....
" ~ 6~410
[ -*Is 82,009 -303 6,989 -966
hal
Municipal Airport
Linda Snow
From: Scott Walden
Sent: Thursday, February 10, 2005 12:19 PM
To: Kenai Airport Fire Station; Kenai Fire Fighters; Michael Tilly; James Baisden; Lori Hoileman; Linda
Snow
Subject: Mt St Florian
Updated: 02-10-2005 10:22:20 AM
Kenai, Alaska Firefighters Climb to Top of Renamed Mountain
TY HARDT
Associated Press
ANCHORAGE (AP)-- If you've driven through Kenai on a
clear day, you've no doubt seen the mountain without giving
it a second thought.
On a map, you might have seen it as "Peak 4070"- its
sharp outline visible just to the east of Mount Redoubt.
But that mountain isn't hiding in Redoubt's shadow any
longer. In fact, thanks to a group of Kenai firefighters it's
about to stand alone.
Few have forgotten where they were on Tuesday, Sept. 11,
2001, when those horrific images entered America's history. Scott Walden, Fire Chief
The terror attacks left nearly 3,000 men, women and
children dead, and the toll included many who were sent in
to help, including more than 340 firefighters.
"1 mean, September 11th was a travesty - it's something we'll never forget -but something we're all trying to deal
with as far as healing ! guess," said John Harris, a Kenai firefighter.
For some, that healing meant plaques, memorials and even investigations. In Alaska, a group of firefighters had a
different idea altogether.
"My dad actually came up with the idea. He said, 'Name a mountain,' and we all laughed until we thought, This is
something we can do .... It'd be a forever thing," said Kenai Fire Chief Scott Walden.
They quickly discovered that to give a spot on the map a new identity you need more than just a good idea and a
thumbs-up from the city of Kenai.
For starters, you need a name. At least that part, for them was a no-brainer: Mount St. Florian.
A third-century officer in the Roman army, Florian is said to have saved an entire town with a single bucket of
water. Eventually breaking ranks and refusing to execute Christian locals, Florian himself was set on fire and
killed. Firefighters had their patron saint.
The Kenai firefighters presented their idea to the Alaska Historical Commission.
"One of the things we heard, memorials are awarded only a five-year period after death. We said, 'Florian has
2/10/2005
Page 2 of 2
been dead for 1,200 years,'" Walden said.
"The board looked at the guidelines, and liked the fact that the firefighters had so much support from the
community," said Joan Antonson in the state Office of History and Archaeology. "Without that, i'm not sure it
would have gone anywhere."
On Valentine's Day 2002, with the commission's blessing, a decision was made by the U.S. Board of Geographic
Names that Peak 4070 had a new name.
For Harris though, it wouldn't be enough. As a climber, Harris made the summit of 20,320-foot Mount McKinley in
2001 and quickly set his sights on Mount St. Florian, elevation 4,070 feet.
"The difficulties in this mountain is access. It's across the inlet," Harris said.
He tried three years ago to reach the top, only to be turned back by avalanche conditions along the route. Fellow
firefighter Sam Satathite was also on that trip.
"There's always concern - we'll take it as it comes and decide if every step is worth it," Satathite said.
This winter, the pair went back to try again, hoping for a better snowpack but knowing the amount of winter
daylight and temperatures wouldn't be in their favor.
"January, February is the optimum time to do this mountain - not only for the mountain but the approach," Harris
said.
They were challenged by whiteout conditions on this trip, but the weather improved by the fourth day and they
made it to the summit about 1:45 p.m. Jan. 31, under blue skies with a stiff north wind.
The view from the summit was spectacular.
"It was a beautiful view up there - a great accomplishment for us considering it honors the fallen firefighters,"
Satathite said. "All in all, a great day."
This summer, the Kenai Fire Department plans to add signs at the Mount Redoubt overlook, telling how Mount St.
Florian got its name and how to spot the peak in the skyline.
Related
· Kenai Fire Department
Like This Article? E-Mail This Story to a Friend or Co-Worker
2/10/2005
KENAi. ALASKA
M
MO:
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~...=.
t992
TO'
THRU:
Jack LaShot, Public Works Manager
Marilyn Kebschull, Planning Administrator
FROM:
DATE:
Nancy Carver, Planning Assistan. tp
January 20, 2005
SUBJECT: Code Enforcement 2004 Year End Report
The Code Enforcement Officer has provided an update on code violations for
2004. Attached are the pending code violations.
Total complaints for 2004: 53
Pending violations from 2004: 14
Citations issued' 0
0 0 ~-
0 0 ~
J::: 13..
> 0
0 ~>
z
~ =
.m
0
0
0
0
0
0
0
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0
0
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163 Main Street Loop
Kenai, Alaska 99611
REPORT FOR JANUARY, 2005
CIRCULATION Adult Juvenile
Fiction 1844
Non-Fiction 1644
Periodicals 45
Intemet Access Music Misc. Puzzles Videos
1069 234 4 18 1207
Total Printed Materials ............... 5665
Total Circulation ............................ 8879
PAC Searches ......................... 6634
448
238
DVD
454
Easy Books
1220
226
Audiobooks
228
ADDITIONS Docs Adult Juvenile
Gifts 1 102 11
Purchases 103 36
Total Additions ................................. 379
Easy Books
10
36
AV
73
7
INTERLIBRARY LOANS
Ordered Received Returned
Books 24 12 13
INTERLIBRARY LOANS BY OUR LIBRARY ............ 40
INTERNET USE ......... 1069
VOLUNTEERS
INCOME
Number .....11
Total Hours ..... 164
Fines and Rental Books
Xerox
Lost or Damaged Books
1,006.40
287.25
47.00
Total Income for January, 2005 ...... $1,340.65
Library Cards Issued January, 2005
Kenai
64
Kasilof
Nikiski
15
Soldotna
24
Sterling
Other
Total
116
Library Patronage .......6,907 Persons
Adult Programs ..........40 Persons
Childrens' Programs .....276 Persons
KENAI MULTI-PURPOSE FACILITY
ACTIVITY REPORT
January 2005
ACTIVITY
Customer Type: (hrs.)
KPHA
KCHS
Homer H.S.
North Pen. Rec.
Adult Lea ue
Nikiski H.S.
Homer Hockey Assoc.
Soldotna H.S.
H.S.
Total Hrs:
Revenue:
Ice Rental
Public Skate
Dasher Ads
Ice Maint.
Electric
Gas
Water and Sewer
Sanitation
Total Revenue:
Total Expenses:
THIS
MONTH
66.50
35.50
4
6.75
3.50
4.00
12.00
132.25
$14,219.63
85.25
1,172.50
9,900.00
5,280.66
501.52
272.46
64.00
15,477.38
16,018.64
THIS
MONTH
LAST YEAR
48.50
25.00
5.50
4.75
0
0
12.25
0
1.50
97.50
$10,272.94
80.00
9,946.56
3,445.15
603.10
120.12
73.32
10,352.94
14,188.25
Troop 152
Boy Scouts of America
Charted in Kenai, Alaska, since 1978
P.O. Box 1652
Kenai, AK 99611-1652
January 31, 2005
City of Kenai
210 Fidalgo Ave STE 200
Kenai, AK 99611
Dear Friends of Scouting
The Boy Scouts of Troop 152 are proud of the service they render to the Kenai
Community each year by purchasing, caring for and displaying the American Flag
along the Spur Highway and Willow Street. We display the flags on 10 different
holidays and for other significant events.
For more than a decade, the local merchants, organizations and individuals have
shown their support of the flag display by contributing to our Troop fundraiser.
We greatly appreciate the support that has been given in the past. And hope you
will continue your support this year to Boy Scouts of America, Troop 152.
The Boy Scouts of Troop 152 will once again use these generously donated funds
to replace tattered and faded flags and to support their adventures for the next
year. The Scouts plan to attend Camp Gorsush, the BSA camp located just outside
of Anchorage, this summer and attend the district camporee. Most local boys
seldom receive this kind of opportunity. They will be able to attend two major
events this summer along with their monthly camp outs.
Their leaders and parents would like to take this opportunity to Thank all the
Local Business' here on the Peninsula who help us support these fine young boys
as they progress to manhood with a Scouting background of high moral standards,
physical and mental achievement and skills that will carry them through out their
lives.
We salute you for your continued support.
Mike Schwemley
Committee Chairman
Kenai Convention & Visitors Bureau
Kenai, AK
Regular Meeting
November 22, 2004
President Fred Braun called the regular meeting of the Kenai CVB to order at 5:34 p.m.,
November 22, 2004, in the Kenai CVB Board Room. Roll call was taken and the following
members were present:
Members Fred Braun Marion Nelson
Jacquie Steckel Robin West
Excused Sharon Brower
Absent Jerry Dunn Sandra Vozar
Ron Malston David Edwards-Smith
Sasha Lindgren Jim Butler
Robert Fulton
Visitors present: Mya Renken, KCVB Executive Director, and Lisa Strother, KCVB
Administrative Specialist, Tim Navarre, Kenai Chamber of Commerce President, Dr. Pete
Hansen, and Andy Vamer, city of Kenai VISTA Volunteer
Visitors Presentation
KEDS (Kenai Economic Development Strategy)
Representatives from the Kenai Economic Development Strategy committee presented the draft
of the KEDS plan book. The presentation outlined the development of Millenmum Square, a
proposed business, cultural, and convention center. Tim N., Dr. Hansen, and Andy presented the
information
Approval of Agenda:
Marion Nelson moved to approve the agenda, Jacquie Steckel seconded.
Discussion: Addition of KEDS presentation to the agenda.
Vote: Unanimous
Executive Directors Report
Discussion: Renken requested changes to the summer art shows; she inquired about the summer
art show opening gala be by invitation only, the Board opted to leave the event open to the
public. It was also discussed that future summer art shows will be focused around more
local/state interests and the national art shows will be in the off season. Renken informed the
Board alcohol was eliminated at the First Thursday's events. Renken has asked Bill Heath to
photograph the KCVB (collections, facilities) for promotional use. Renken informed the Board
that the gaming permit has been successfully renewed. Changes to the employee handbook were
also presented. Year-end bonuses were discussed and other options reviewed. Renken
suggested closing KCVB Ibr the week between Christmas and New Year' s in lieu of a monetary
bonus. The board asked that the facility remain open and bonuses remain as is. Renken
informed the Board that the progressive discipline section was removed to strengthen the at-will.
The Board approved this change panding the addition of clarified discipline guidelines.
Financial Report
Discussion: No financial reports to present until Linda Dunn was able to submit financial
records with confidence. Braun also asked that the reports be simplified for easier review.
Unfinished Business:
2004 Board o_f Directors Elections
Discua'sion: Deadline for nominations is the December Board meeting. Sasha suggested
possible nominations from the Native community for consideration.
501 (c) 3for museum
Renken informed the Board that the last update from Kristine Schmidt stated that the paperwork
had been submitted, but the process is not yet completed. The gaming permit for the museum
needs to be applied for in 2005. The board discussed the steps taken in creating the 501 (C)3.
Nelson suggested a letter be sent from the Board to inquire about the status of the paperwork.
New Business:
Renken requested that the Board consider hiring an accounting firm to set up a review for the
past year. She had met with Mikunda Cotrell to outline the project needs. The review is in light
of the several staffing changes at the KCVB, and for the sake of furore grant applications that
require a review of financial/accounting backgrounds. The Board motioned for review of
accounts from November 2003 through October of 2004 with the approximate cost of $2400.
Marion Nelson, Sasha Lindgren seconded.
Vote: Unanimous
Insurance policy' at the KCVB
Discussion: No policy has been found yet for the organization. It was suggested to look into
policies offered through the Foraker Group- they cater to nonprofits.
Visitkenai. corn update
Discussion: David Edwards-Smith suggested that the site be updated- most information is from
1997. The site would be managed more like sportfishing kenai.com and be controlled by the
KCVB staff more. The update would include new images, and structure within the site. David
estimated that the update would cost around $1200 and would have definite costs to present at
the December Board meeting. Jacquie motioned to continue, Marion seconded the motion.
Motion passes unanimously
KEDS discussion
Discussion: Braun asked that all members presem review the draft proposal of the KEDS and the
discussion will continue at the December Board meeting.
Schedule next meeting
December 20, 2004 at 5:30p. m. Topics to discuss are the KEDS proposal, Board of Directors
nominations, visitkenai.com.
Adjourn at 9:00p. m.
Minutes prepared by Lisa Strothers
Kenai Convention & Visitors Bureau
Kenai, AK
Regular Meeting
December 20, 2004
President Fred Braun called the regular meeting of the Kenai CVB to order at 5:56 p.m.,
December 20, 2004, in the Kenai CVB Board Room. Roll call was taken and the following
members were present'
Present: Fred Braun Marion Nelson Ron Malston
David Edwards-Smith Robin West Sharon Brower
Excused: Jacquie Steckel
Sasha Lindgren
Honorable Pat Porter
Jim Butler
Absent: Jerry Dunn Sandra Vozar Robert Fulton
Visitors present: Mya Renken, KCVB Executive Director, and Lisa Strother, KCVB
Administrative Specialist
Approval qf Agenda:
Ron Malston moved to approve the agenda, David Edwards-Smith seconded.
Vote: Unanimous
Approval of Minutes
Ron Malston moved to approve the November meeting minutes, Marion Nelson seconded
Vote' Unanimous
Executive Directors Report
Discussion' Report from Mikunda Cotrell financial review highlighting suggested improvements
in accounting and record keeping practices. Renken noted that all business credit cards except
the one in her name will be cancelled. Also, the report suggested moving the funds currently in
the retail checking account to a money market account. The current decision regarding the
review is to implement accounting changes and scheduled an audit at next year's year-end.
Renken stated the current insurance policy needs to be reviewed to assure temporary exhibits are
insured. Renken also informed the board Assemblywoman Betty Glick will be introducing a bed
tax ordinance in the near future.
Financial Report
Discussion: Renken presented the year's fmancials and noted that the CVB has plans to
purchase two new computers to replace those that have the Museum and Financial software on
them. Braun asked that the financial report include a year-to-year comparison.
Unfinished Business:
2004 Board of Directors Elections
1/31/2005
Discussion: Update of nominees- Lori Chase (?), Dr. Hansen (declined), Penny at Salamantof
(.9), Rita Smagge (Ron to contact her). Malston asked that nominations continue to January
meeting to f'md more volunteers.
Malston moved to continue the nomination period until the danuary, 2005 meeting; Brower
seconded Vote: Unanimous
501(c)3 for museum
Renken informed the board a letter was sent to Kristine Schmidt from President Fred Braun
inquiring about the stares of the 501 c3. Renken stated it had been suggested to schedule a
meeting with Rick Baldwin after the holidays regarding the 501 c3. To clarify the control and
management of the organization after the 501 c3 for the museum, Renken asked the board to vote
on two separate structures. The option showing the KCVB in control of Executive Director and
Museum was voted as the better option.
West moved to accept organizational structure Option A. Seconded by Edwards-Smith. Vote:
unanimous.
KEDS
Renken commented the Saturday market idea was better suited for the Kenai River Council on
the Arts to coordinate. Also, is the Millennium Square meant to be a Convention Center only or
a multi-function facility? If it is a Convention center only, will the possibility of Homer having a
similar program be detrimental to the Kenai center? Stay focused on tourism
building/supporting plans. Bring KEDS booklets to the January meeting, further discussion then.
New Business:
Employee Handbooks
Renken presented the revised employee handbooks with an overview of the changes.
Brower moved to approve the new employee handbooks with the discussed changes. Seconded
by Edwards-Smith. Vote: Unanimous
Schedule next meeting
Monday, January 31 st at 5:30p.m. Topics to discuss are the KEDS proposal, Board of Directors
nominations.
Comments
Sharon- Apologies for being late & Happy Holidays to everyone.
Marion - Happy Holidays. Let's focus on completing the 501 c3 ASAP.
David- looking forward to 2005, thank you to Mya for her hard work
Robin - thanks for the goodies
Adjoum at 7:56p.m.
Minutes prepared by Lisa S trother
KENAI RIVER
"Working together...for the river"
*** Tentative Meeting Agenda***
Thursday, February 10, 2005
5'30 p.m.
Kenai River Center
CALL TO ORDER
II.
A. Roll Call
B. Approval of 1/13/05 minutes
C. Agenda Changes and Approval
PUBLIC COMMENT
III.
NEW BUSINESS A. Board ofFish Summary- Tom Vania
B. Kenai River Operations- Jack
IV.
OLD BUSINESS
C. Kenai River Center Update, Suzanne Fisler
D. Letter to Commissioner re' illegal guide enforcement
E. Corr Property update Jack Sinclair
F. Boat wake study update Robert Ruffner
V. PUBLIC COMMENT
VI. ADJOURNMENT
A. Board Comments
B. Date/Agenda of Next Meeting
Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581
Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-44A1
Ataska Division of Parks and Outdoor Recreation, Department of Natural Resources. in cooperation with the Kenai Peninsula Borough.
Kenai River Special Management
Area Advisory Board
Ie
CALL TO ORDER
Thursday, January 13, 2005
5'30 p.m.
Kenai River Center
A. Roll Call
Members Present: Pete Sprague, Floyd Heimbuch, Ted Forsi, Joe
Connors, Ted Wellman, Jack Sinclair, Deb Cooper for Bill Shuster, Dick
Hahn, Linda Sno~v, Tim Stevens for Kent Patrick-Riley, Rick Wood
Members Absent' Dave Westerman, Robin West, Ken Lancaster, Tom
Vania, Jeff King, Paul Shadura
B. Approval of 12/9/05 minutes
Pete Sprague noticed one correction on page 2, Under Old Business'
Dept. of Law - not lewder.
C. Agenda Changes and Approval
There were no agenda changes
II. PUBLIC COMMENT
III.
NEW BUSINESS
A. Update on Boat Wake Study- Robert Ruffner
The Watershed Initiative is a program that EPA started several years ago.
Tribes were eligible to apply for it. The Kenaitze Indian Tribe applied 2
years ago after consulting with different entities involved with the Kenai
River addressing issues related to recreational activity specifically
motorized boat use on the Kenai River. Two main issues were addressing
the hydrocarbons that were documented in the Kenai River in July and the
2nd phase of the Boat Wake Study. They were awarded the grant in
August. The next task was to write a specific work plan on how the
money was to be used. It is now in EPAs hands to make comments. The
Watershed Forum is major player in this effort. At the same time Robert
says he has been working with the COE to get the Boat Wake Study up
and running. Robert spoke with Dr. Steven Maynard today. He indicated
they are 85-90% certain there will be work done this summer. When the
work plan comes from Dr. Maynard it will be reviewed to assure
appropriate questions are asked. The study is funded for $260,000.
The whole grant package is for $750,000. The remainder of the funds is
for hydrocarbons monitoring and motor replacement. Robert said this
gives the Kenai Watershed Forum enough funds for the next three years,
but will also depend on the present support from all the agencies involved.
The second part of the ~ant calls for KWF to provide market-based
incentives to replace 2-stroke motors for 4-stroke. This will hopefully get
more of the 2 stroke motors off the'river. There is $100,000 available for
the motor replacements. There will probably be a voucher progam with
each voucher worth $500, which could replace 200 motors. Hydrocarbons
are one of 4 major parameters being monitored in the river. The others
are: nutrients, bacteria and metals.
There was discussion about how to prevent fraud within the pro.am.
Robert said he does not have a process yet and will look to this board for
advice on how to develop the details of the pro.am.
B. Update on Watershed Initiative- Robert Ruffner
Discussed with above.
C. Standing Committee Assignments for 2005,
The board reviewed the past years' committees. The following are
committee assignments for this year:
· Commercial Operators Committee' Joe Connors as Chair,
Suzanne Fisler as staff, Ted Wellman, John Cho, Cliff
Chamberlin, Mel Erickson, Greg Brush, Jeff King, Dwight
Cramer, Mark Glassmaker, Bill Berkhahn, Jack Sinclair
Legislative Committee' Ken Lancaster as Chair, Paul
Shadura, Robin West, Joe Connors, Pete Sprague, Linda
Snow
· Boroztgh Committee' Pete Sprague as Chair, Deb Cooper,
Linda Snow
W'ater Quality Committee' Ted Wellman as Chair, Rick
Wood, Robert Ruffner, Dick Hahn, Ted Forsi, Jack
Sinclair
Kenai River Special Management Area Advisory Board
Minutes - January 13, 2005
Page 2 of 5
D. Setting Board Priorities for 2005
Discussion began about the 7 board priorities that were identified in the
December meeting. It was decided not to prioritize as 1 through 7. Joe
Connors pointed out that a few issues would be resolved soon: The Boat
Wake Study is close to becoming a reality for this summer. Joe said he would
report on the guide standards. Ted asked if there are any more issues that
need identified.
Dick said at the last KRWG meeting he proposed a Monday drift boat only
fishing to include guides. Dick asked if it could be done as an experiment. In
other words, it could be a trial basis only rather than a regulation change. Dick
asked for discussion on this. Suzanne said it is a F&G issue, not Parks. Joe
Connors likes the idea but feels it is too late to bring this up to the Board of
Fish meetings that begin this coming Monday. Ted asked the board to think
about this possibility but reminded the members that when this board was
formed the original charge was not to get into fish allocation.
Suzanne said it would need to be presented as a non-allocation issue. Linda
asked if Parks could pursue it. Ted asked if Suzanne and Jack could talk to
F&G.
IV. OLD BUSINESS
A. Kenai River Center Update, Suzanne Fisler
Suzarme introduced new KRC staff member Pam Russell. She will be
assisting Suzanne as Admin. Clerk and the new board secretary. Welcome
Para!
The guide orientation schedule for this year is as follo~vs: 5/21, 6/4, 6/25 and
7/9 only for new guides. Next year will be for all guides. The guide letter is
due out in February.
Suzanne said she attended the FERC meeting on the Cooper Lake Dam
Relicensing yesterday in Anchorage. She said they are close to their deadline
for what is called the o '
a=ency s agreement in principle. Things are looking
brighter than 2-3 months ago.
There was a meeting today with Wilder Construction about the Soldotna
Bridge. They will start on the Soldotna side. They will start in March and have
the temporary bridge put in by May in order to accommodate traffic. She will
have more information on this project next month.
The Kenai River is starting to ice jam, which is fairly normal for the cold
weather conditions that have been occurring. No stacking has occurred yet.
Kenai River Special Management Area Advisory Board
Minutes - January 13, 2005
Page 3 of 5
Suzanne then asked Tim Stevens from DEC if there are any updates on DEC's
Mixing Zone Regulation Proposals. Tim said DEC is still having internal
dialogue with sister agencies and are still looking at the public comments
received.
B. Kenai River Working Group Update, Joe Connors/Ted Wellman
Joe said the last meeting was held on January 7th. Joe said they are done with
the short term changes they want to take concerning guides through park
regulations. They are still working on a long term plan perhaps like limited
entry that would require a constitutional change or significant change in law,
but for now stipulation changes will probably happen. There are 7 points the
~oup has come to an agreement on, most of them unanimous. They include'
Drug testing program for commercial users.
Component of previous fishing experience in Alaska of 2 years.
· Adhere to all park regulations- all 36 have been reviewed.
· 18yearsofage
· No felony conviction in the last 5 years.
· Fishing violations- cannot have more than 2 in 5 years.
· Unanimous support for the guide academy; a week long course for all
people. There will be a phase in process- new people must have it
before getting permit in 2006; people with less than 5 years
experience would have the next 2 years to get through the academy;
people with 10 years experience would have an additional year, etc.
Cost is $360. There may be a test out option, pay half the fee.
Joe said there was also discussion about a fee structure. Two concepts were
discussed. The first one is a per person user fee and the second that Parks has
the authority to increase fees 100%. They settled on a $250 fee increase ~vith
a payment option for paying 3 years ahead.
The agenda was set for the next KRWG meeting on March 10th. They will be
working on the institution of a guide board, user fees for non-guided boats,
user fees for individuals fishing the fiver, increased user fees for rental boat
operators, and to deal with booking agent/shared accommodations/bed and
breakfast and travel agency concerns.
C. Commercial Operator Committee Update, Joe Connors
Joe said Suzanne led the committee on a discussion on the 2005 permit
stipulation changes and the committee unanimously supported all the changes.
There was also decision to raise the permit fees for both resident and non-
resident by $250 for the 2006 season.
Kenai River Special Management Area Advisory Board
Minutes - January 13, 2005
Page 4 of 5
The committee also discussed the KRWG recommendations as discussed
above and the committee unanimously endorsed those.
The committee would like to have the Chair of the KRSMA board write a
letter to Commissioner Tom Irwin setting a priority for the coming years to
increase enforcement on the Kenai River with an emphasis on illegal guiding.
Joe made the motion and Dick Hahn seconded. Joe said in light of the more
stringent requirements that are proposed, the feeling is that there will be more
illegal guiding. Joe said there is a lot going on now. He said there is no
ability to activate enforcement. Joe said there is a $5,000 reward upon
conviction from the Kenai River Guide Association and KRSI and no one has
ever tried to claim it.
Discussion continued and the vote was made unanimously to send the letter to
Commissioner Irwin.
ge
VI.
PUBLIC COMMENT
Charlie Book said he is interested in becoming a guide on the Kenai River. He
asked where the permit fees go. Jack said the fees go to the State's general fund.
However, the way the budget is set, D?OR is allowed to request as much money
as the Office of Management and Budget will approve and so far everything we
have requested has come back in our budget. The Kenai Area State Parks still
receives approximately 40% of it's operating budget from state revenues
generated from oil royalties and the other 60% is from local state park program
receipts obligated from the legislature.
Robert Ruffner said he would report back to the board next month on the status of
the Boat Wake Study.
ADJOURNMENT
A. Board Comments
B. Date/Agenda of Next Meetino~,
February 10, 2005
Kenai River Special Management Area Advisory Board
Minutes- January 13, 2005
Page 5 of 5
il.
Kenai River Special Management
Area Advisory Board
Thursday, December 9, 2004
5:30 p.m.
Kenai River Center
CALL TO ORDER
A. Roll Call
Members present: Rick Wood, Jeff King, Ted Wellman, Floyd Heimbuch, Paul
Shadura, Dick Hahn, Joe Connors, Ted Forsi, Keith Kornelis for Linda Snow,
Dave Westerman, Tom Vania, Ted Wellman, Kent Patrick-Riley, Suzanne Fisler
Members absent: Robin West, Pete Sprague, Bill Shuster, Ken Lancaster
B. Approval of 11/18/04 minutes
The minutes were approved as written.
Co
Agenda Changes and Approval: No changes made
PUBLIC COMMENT
Ill.
NEW BUSINESS
A. Introduction of new Board members
Ted Forsi, and Floyd Heimbuch were introduced to the board by Ted
Wellman. Ted asked them to tell the board a bit about themselves. Floyd
Heimbuch said he moved to Alaska with his wife in 1951. He taught
school at Unalakleet and later retired from the Anchorage School District.
In 1963 he decided to get into commercial fishing. As a result, he got into
some of the politics of fishing. He then became the first executive director
of Cook Inlet Aquaculture. He is retired and lives on the Kenai River.
Ted Forsi said he came to Alaska in 1972. He is a civil engineer. In 1986
he started fishing the river as a guide. He guided on the Kenai River until
2003. He is also a hunt guide transporter as well as a pilot. He has been
concentrating more on his consulting business. He works for native tribe
clients in Seward and in Anchorage. He loves the Kenai River and looks
forward to working with the board.
Bo
Introduction of Park Superintendent Jack Sinclair
Ted welcomed the newly appointed Park Superintendent. Jack said he
was informed just yesterday about the appointment to Park
Superintendent. He will be formerly appointed as of Monday, December
13. Jack has been living on the Kenai Peninsula since 1984, but in Alaska
since 1980. He started as a Natural Resource Tech for Parks working with
a prison crew of 5. In the middle of that summer he worked on the Kenai
River. Another opportunity came up that same year with a new park in
Seward in Resurrection Bay, Caines Head State Recreation Area. This
park was undeveloped. He worked there from 1985 to 1990. In 1989 his
job drastically changed due to the oil spill. In 1990 Chris Degernes took
C,,
over the Area Superintendent job. Her position as the district ranger came
open and Jack applied for that and he then became ranger for the north
district. As district ranger he has worked with parks from the Kasilof area
to Nikiski and Resurrection Bay State Marine Parks and along with that
came the Prince William Sound Marine Parks. Because of the Oil Spill
about 30 thousand acres of land were added to PWS of which Eshamy
Bay was the largest, in 1997 a court decree took place between the
University of Alaska and the State due to a law suit that the University
would have to provide $500 thousand dollars to provide for cabins and
trails in the Gulf Coast area (near Yakutat). This was also added to Jack's
area. He has seen from his observations that Kenai River will be a
number one issue to deal with and looks forward to working with this
board.
Update on Boating Safety Program
Bill talked about the boating safety program that the Kenai Area provides
to the schools. Bill said there is a very diverse boating public in this state of
which the Kenai River is a major part. Alaska has the highest non-
commercial boating fatality in the nation, it is because of these statistics,
the Office of Boating Safety (OBS) and the Kenai Area Parks River District'
have taken a leading role of educating the public on boating. 2005 will'be
their 5th year doing classes in the school systems on the Kenai. There are
6 park rangers qualified to teach. Parks is assisted by the OBS with
funding to get into the schools. Since 2001 the rangers have taught 848
classes and have touched over 21,000 kids. The goals of the program are
to develop student awareness ,understanding and an appreciation for
Alaska's cold water and the hazards it presents. It also develops their
awareness of the importance of wearing life jackets, and to provide the
students with the skills for proper selections and use of those life jackets,
and to encourage safe and responsible behavior when they are on a boat
or participating in outdoor water related activities. Bill encouraged the
board members to let him know if they have any groups of kids who might
be interested to please let him know.
Do
Update on Mixing Zones- Suzanne Fisler
Suzanne said she talked to Nancy Sonafrank of DEC Fairbanks for an
update. Nancy said DEC has received voluminous comments from the
public and agencies. They are still analyzing ali these comments. They
will talk internally how to respond to the comments as well as talk to the
sister agencies. Once DEC determines how to respond to the comments it
will move up to the Commissioner's office for further action. She will check
back next month with Nancy.
Kent Patrick-Riley said between he and Suzanne the board will be
updated as soon as possible.
IV. OLD BUSINESS:
Kenai River Working group Update - Ted Wellman/Joe Connors.
Joe has been meeting with the group for 3 months. The last meeting was
December 3rd. The next meeting is scheduled for December 29 and 30th at
the Kenai River Center. Initially the working group tried to figure out what
could legally be done. The group is supported by staff from Fish & Game,
the Department of Law and a facilitator. The Division of Occupational
Kenai River Special Management Area Advisory Board
Minutes - December 9, 2004
Page 2 of 4
B,,
C.
Licensing will speak at the next meeting. Though the group works well
together, Joe said they are really struggling because most ideas have not
measured up well against the criteria that would be legal.
Ted said the constitutionality of everything this group wants to do seems to
be the issue or hindering aspect. Statutory changes may be doable.
Trying to accommodate dealing with individual boat operators vs multiple
boat operators is still a serious concern. Ted reminded the board the
meetings are open to the public and there are allotted times for public
comment.
Goal Setting for Board in 2004-2005
The following were items suggested as board priorities for 2004-2005:
· additional lands in the upper Kenai River-lands around Trail
Lake
· Corr Property acquisition
· Guide Standards program/Academy adoption
· Updated Carrying Capacity
· Boat Wake Study continuation - update on study
· More public restrooms on the Kenai River
· User fee for everyone using the Kenai River
Ted suggested the board think about these priorities and come back with
discussion at the January meeting on prioritizing.
Kenai River Center Update, Suzanne Fisler
DOT has awarded the Soldotna Bridge project to Wilder Construction.
Wilder construction will be down for a meeting after the holidays with DNR
Parks and Habitat staff to discuss the start up. The temporary bridge is
slated to be in place from March 05 to October 06. They will remove parts
of that bridge in order to allow boating traffic after April. All the boating
traffic will be routed to the east side of the river.
Cooper Landing bypass is coming up to the table again. The next meeting
is Monday, December 13 at the KRC. The board will be updated on this
meeting in January. DOT has a preferred alternative: Juneau Creek would
have least impact.
Chugach Electric continues. Suzanne sat in on teleconferences this week
regarding the access road and who will be responsible for managing that
road. it was originally a federal easement that went from the Sterling
Highway back to Forest Service lands and it was created primarily for
access to the forest lands but to also allow Chugach to reach the dam.
Since that time the land was all transferred to the state so now there is a
federal easement with private property interest on state land. They are
trying to sort out who manages and maintains. Also recreation at the lake
was discussed; the demand for winter recreation. Suzanne will be in
Anchorage next week for a 3 day meeting on the different issues
associated with the dam. She will update the board at next month's
meeting.
Kenai River Special Management Area Advisory Board
Minutes - December 9, 2004
Page 3 of 4
IV.
PUBLIC COMMENT
ADJOURNMENT
A. Board Comments
Rick: The City of Soldotna is meeting with Wilder and the state project
manager for the bridge project to discuss the City's expectations.
Ted Forsi: Thanked Suzanne for her help getting him on the board and
hopes to be a positive influence.
Jeff: Happy Holidays to everyone.
Dave: Wondered whatever became of the snowmachining group, K Plug?
Suzanne said Forest Service has been involved in discussions but thinks
they have faded away.
B. Date/Agenda of Next Meeting
January 13, 2005
Kenai River Special Management Area Advisory Board
Minutes - December 9, 2004
Page 4 of 4
Kenai Peninsula Borough
Assentbl ........
February 15, 2005 - 7:00 p.m. Regular Meeting Borough Assembly Chambers, Soldotna, Alaska
Gary Superman
Assembly President
Seat 3- Nikiski
Term Expires 2007
Ron Long
.4ssembly Vice President
Seat 6- East Peninsula
Term Expires 2006
Dan Chay
Assembly Member
Seat 1 - Kalifornsky
Term Expires 2006
Paul Fischer
Assembly Member
Seat 7- Central
Term Expires 2007
lick
As. oly Member
. Kenai
Ter,,, Expires 2005
Milli Martin
Assembly Member
Seat 9 - South Peninsula
Term Expires 2006
Grace Merkes
Assembly Member
Seat 5 - Sterling/Funny
River
Term Expires 2005
Chris Moss
Assembly Member
Seat 8- Homer
Term Expires 2005
Pete Sprague
Assembly Member
Seat 4 - Soldotna
Term Expires 2007
A®
Be
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CALL TO oRDER'
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
COMMITTEE REPORTS
APPROVAL OF AGENDA AND CONSENT AGENDA
(All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Assembly and will be approved by one motion. There will be no separate discussion of these
items unless an Assembly Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
APPROVAL OF MINUTES
*1.
February 1, 2005 Regular Meeting Minutes ................. 1
COMMENDING RESOLUTIONS AND PROCLAMATIONS
PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total)
PUBLIC COMMENTS ON ITEMS NOT APPE.MtlNG ON THE
AGENDA (3 minutes per speaker; 20 minutes aggregate)
REPORTS OF COMMISSIONS AND COUNCILS
February 15, 2005
Page 1 of 6
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Agreement and Contracts
ao
Spruce Bark Beetle Mitigation Program:
· Approval of contract with East Road Services for Sterling
Highway NE#1 ROW Project ........................... 11
· Approval of contract with East Road Services for Sterling
Highway NE #2 ROW Project ........................... 14
· Approval of contract with East Road Services for Sterling
Highway NE #4 ROW Project ........................... 17
be
Approval of contract with First American Title/Homer for Limited
Liability Report ............................................
2O
Approval of contract with First American Title/Seward for Limited
Liability Report ............................................
21
do
Approval of contract with First American Title/Kenai for Limited
Liability Report ............................................ 22
ee
Approval to Award Contract to Clyde Benson and Jeffry Johnson for
the Financial audit of the Tesoro Refinery- 2005 Assessment Year .... 23
2. Other
ao
Kenai Peninsula Small Business Development Center First Quarter
Report- October 1, 2004 through December 31, 2004 ..............
25
bo
Budget Revision- January 2005 ............................... 33
Revenue Expenditure Report- January 2005
35
ITEMS NOT coMpLETED FROM PRIOR AGENDA
PUBLIC' HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
lo
Ordinance 2004-19-3.4.: Accepting $909,700 from the State of Alaska for
_
Keystone Drive Road Improvement and Appropriating the Grant to a Road
Service Area Capital Project Account (Mayor) (Refe~ed to Finance
Committee) ..................................................... 38
o
Ordinance 2005-03.' Am6nding KPB 5.12.050(B) to Require a Filing Fee for
Appeals to the Board of Equalization (Mayor) (Referred to Policies and
Procedures Committee) ............................................ 42
February 15, 2005
Page 2 of 6
Oe
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UNF~SHED BUSINESS
1. Postponed Items
Ordinance 2005-02: Amending KPB 2.56.040 to Incorporate the
Goals of the City of Soldoma Action Plan into the 1995 Soldoma
Comprehensive Plan (Mayor) (Referred to Lands Committee) ........ 47
NEW BUSINESS
1. Bid Awards
*a.
Resolution 2005-01~4: Authorizing Award of a Contract to Produce
Community Wildfire Protection Plans (Mayor) (Referred to Finance
Committee) ............................................... 57
2~
Resolutions
Resolution 2005-015~' Urging the Alaska Board of Game to Oppose
Proposals 129 and 137 to Open Bear Hunting in the Kamishak
Special Use Area and Support Proposals 29 or 30 to Protect McNeil
River and Katmai Coast Bears (Martin) (Referred to Legislative
Committee) ............................................... 59
*b.
Resolution 2005-016: Authorizing Occupancy of Certain Portions of
the Former Nikiski Elementa~ School Building by the North
Peninsula Recreation Service Area (Superman) (Referred to Finance
Committee) ...............................................
63
*¢.
Resolution 2005-008: Forming the West Brook Estates Road
Improvemem Assessmem District and Proceed with the Improvement
(Mayor) (Referred to Finance Committee) .......................
66
ge
Ordinances
*a.
Ordinance 2004-19-39: Transferring $53,871.48 to the Road Service
Area Henry Creek Bridge Capital Improvement Project from
Completed Capital Improvement Projects and Awarding the Henry
Creek Bridge Project to Covey Enterprises (Mayor) (Hearing
03/15/05) (Referred to Finance Committee) ...................... 92
February 15, 2005
Page 3 of 6
4. Other
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Re
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Petition to vacate a 40' public use easement adjacent to Lots 1 thru 13
Block 2, dedicated by Sumpter Subdivision (Plat KN 525); within
Section 12, Township 5 North, Range 9 West, Seward Meridian,
Alaska; and the Kenai Peninsula Borough; KPB File 2005-023;
KPBPC Resolution 2005-03. (Staff Note' 20' utility easements will
be granted as requested by utility company) (Referred to Lands
Committee) ...............................................
96
[Clerk's Note: The Planning Commission unanimously approved the
reference vacation subject to staff's recommendations during its
regularly scheduled January 24, 2005 meeting. Staff
Recommendations are included in the minutes.]
*b.
Petition to vacate Julie Avenue and associated underlying section line
easement: the 30-foot fight-of-way and utility easement granted along
the north boundary of Lot 8 Martin Subdivision (Plat HM 63-698)
and the associated underlying 33 or 50-foot section line easement, if
any, within Section 5, Township 6 South, Range 12 West; and the 33-
foot fight-of-way dedicated along the south boundary of Tracts 1 and
2 Schroer Subdivision (Plat HM 75-22) and the underlying 33-foot
section line easement; and the 33-foot fight-of-way dedicated along
the south boundary of Tract 1-A Schroer/Walker Replat (Plat HM 95-
15) and the underlying 33-foot section line easement, within Section
32, Township 5 South, Range 12 West; all within the Seward
Meridian and Kenai Peninsula Borough, Alaska; KPB File 2005-009
(Referred to Lands Committee) ............................... 112
[Clerk's Note: The Planning Commission unanimously approved the
reference vacation subject to staff's recommendations during its
regularly scheduled January 24, 2005 meeting. Staff
Recommendations are included in the minutes. J
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)
ASSEMBLY MEETING AND HEARING ANNO~CEMENTS
February 16, 2005
March 1, 2005
10'00 AM Board of Adjustmem Hearing Soldoma
07'00 PM Regular Assembly Meeting Soldoma
ASSEMBLY COMMENTS
February 15, 2005
Page 4 of I~
We
PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)
le
Ordinance 2005-04' Enacting KPB 5.08.025 Establishing Guidelines for
Service Areas to Borrow Money from the General Fund for Capital
Acquisitions (Martin) (Hearing on 03/01/05) (Referred to Policies and
Procedures Committee)
e
Ordinance 2005-05'_ Enacting KPB Chapter 5.19, Providing for a Transient
Accommodations Tax and Providing for the Submission to the Voters of a
Proposition Authorizing the Borough to Impose this Tax (Glick) (Hearings
on 03/01/05, 03/15/05 and 04/05/05) (Referred to Policies and Procedures
Committee)
,
Ordinance 2005-06' Authorizing the Lease and Sale of land in the Cooper
~anding Area to the Cooper Landing Senior-Citizen Corporation, Inc. at Less
Than Fair Market Value (Mayor) (Hearing on 03/01/05) (Referred to Lands
Committee)
e
Ordinance 2004-19-28' Accepting and Appropriating a State Grant in the
Amount of $75,000 for Construction of a Road to the Cooper Landing Senior
Housing Site (Mayor) (Hearing Postponed to 03/01/05) (Referred to Finance
Committee)
Se
Ordinance 2004-19-35' Appropriating $213,956 to the Special Assessment
Fund for West Brook Estate Road Improvement Special Assessment District
(Mayor) (Hearing on 03/01/05) (Referred to Finance Committee)
Se
Ordinance 2004-19-36' Accepting a $100,200 Grant from the Denali
Commission and Appropriating the Grant and Additional Funds of $41,800
to the Solid Waste Department for Burnboxes in Nanwalek and Seldovia
(Mayor) (Hearing on 03/01/05) (Referred to Finance Committee)
7o
Ordinance 2004-19-3 7: Accepting and Appropriating a $9,000 Grant from the
State of Alaska for a Floodplain Management Workshop (Mayor) (Hearing
On 03/0i/05) (Referred to Finance Committee)
ge
Ordinance 2004-19-38: Accepting an Ambulance from the Southern Region
Emergency Medical Services Council, Inc. and Appropriating Matching
Funds in the Amount of $7,500 on Behalf of Kachemak Emergency Services
(Mayor) (Hearing on 03/01/05) (Refe~ed to Finance Committee)
0
Ordinance 2004-35..:. Amending KPB Chapter 1.12 to Provide For Economic
Summaries to be Attached to Proposed Ordinances (Glick) (Postponed until
03/01/05) (Refe~ed to Policies and Procedures Committee)
February 15, 2005
10.
Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation -
Maximum Tax, By Increasing It From $500 to $1000 (Mayor) Postponed
until 03/01/05) (Referred to Finance Committee)
11.
Resolution 2005-006' Approving the Construction of Access Through
Borough Land to the Cooper Landing Senior Facility as a Road Construction
Project Pursuant to KPB 16.41.190 (Mayor) (Hearing Postponed to 03/01/05)
(Referred to Lands Committee)
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INFORMATIONAL MATERIALS AND REPORTS
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NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting of the Kenai Peninsula Borough Assembly will be held on March 1, 2005,
at 7'00 P.M. in the Borough Assembly Chambers, Soldoma, Alaska.
This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula),
K201AO-FM 88.1 (East Peninsula).
Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the
meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1-800-
478-4441, Ext. 2160. Visit our website at www. borough, kenal, ak. us for copies of the agenda, meeting summaries,
ordinances and resolutions.
February 15, 2005
Page 6 of 6
Department of Revenue State of Alaska
Tax Division, Gaming Group 2005 Gaming Permit Application
PO Box 110420 AS 05.16.020
Juneau, AK 99811-0420
Teleph6ne 907.465.2320 ~
This form is also available on the Intemet at www. tax. state, ak. us/forms, as~
ORGANIZATION INFORMATION
Identification Number (EIN) Number
Address
Date S1
Number
Z,
PERSONS IN CHARGE OF GAMES. Persons must be acPve members of the organization, or an employee of the munici' I I '
orgamzat=n Pe pal~y and designated the
I ' ' rsons may not be licensed as an operator, vendor, or employee of a vendor, by
Member's First Name
Number
Members Last Member's
Teleptmne Number ~,mber Number
Mailing Address
·
Has the primary member taken and passed the test? [~Yes [~No Has the alternate member taken and passed the test? Yes ~No
Permit number under which the test was taken. Permit number under which the test was taken.
THESE OUESTIONS MUST tie ANSWERED. (See instructions)
E] y,s .o
Has any member of management or any person who is responsible for gaming activities ever been convicted ora felOdy,'
extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft ~ ¢~shonestY
or a violation of gambling laws?
[~ Yes ~ No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict
· interest as defined by 15 MC 160.9547
We declare under Pe'nal~ of un'~v~mlfsl$ificstiorlI thst we have examined this 'a'Ppl~at;°.i' including any ..................
attachments, and
best of our knowledge and belief, it is true and complete. We understand that any false statement made ' · · ~::;":"~
,,,c~,,~ ~ Pu,~,b~, ~y ~,W. ...... - ............................ on. .e,~ ,p~r~ or
............. Printed. Name
tx,,
.. Inature ~ee instructions.)... Prints'-' Nanle~. · :- ~.: ...... ;.: ' '
Two copies of this application must be sent to all applicable municipalities
and boroughs.
See instructions for mandatory attachments.
Form 04-826 APplication Front'('Rev 09/04) Page 1 .............
IOrgan,zat,on ~ame
GAME TYPE. (Use for com,ciet~ng ~nformat~on below )
B~ngo
Raffles
Puli-Tabs
Contest of Skill
Canned Salmon Classic
2005 Gaming Permit Application
,
Deep Freeze Classic D King Salmon Classic
Dog Musher's Contest
Fish Derbies
Goose Classic
Ice Classic
ACTIVITIES CONDUCTED BY ORGANIZATION
IF'ac?y Name Phys,~al Address
r-..] Mercury classic
DRace Classic
DRain classic
DSalmon Classic
IPer'~,t Number ' '
,
Snow Machine Classic
Special Draw Raffle
Animal ClassIc (Rat Race)
Ammal Classic (Chicken)
" Game Type(s)
~.k-ylZl z./,-, ;.~7,~ /--'" ' · '...,
Is Facihty
LJowned
I-"lLeased
r-] Donated
LJowned
r-]Leased.
E] Donated
Uowned
r-]Leased
r'-] Donated
LJOwned
E] Leased
r--]Donated
Home I~ailing Address . ity State Zip Code
, ,
MANAGER OF GAMES. As defined tn 15 AAC 160.995 and 15 AAC 160 365 (If you have ~ndicated a self-directed bingo or Dull-tab game
above then ,ou need to a 3oint a manager below )
ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only ga
lName of Vendor PhysiCal Address
, ,,
s a vendor can conduct.) Vendor registration and fee must be attached.'-'"':' ' ":~"'
Game Type(s)
Game Type(s)
.
ACTIVITIES CONDUCTI=P BY OPERATOR ' '~ '
ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMr['TEE ......
.,
DEDICATION OF NET PROCEEDS. The organization must use the net I:xoceeds from gaming~activities for political, educational, civic, p~blic,
charitable, patriotic or religious uses in Alaska. (See statutes and regulations for sPeofc rules.) In the space provided, tell how your
~~11 use the net i:xoceeds from gaming activities.-(Be specific.)'"" "" , .................................. "' '*' ..... '
_
· /\/'t ;'t:5'~ -.:...,,.~.,..,~r'4/5( (~ .-'"..t ~ ~~ ..4. ~,~.'. ,.a'rn'('l,' vv, Il t>~:
........... . -,
Form 04-826 (Rev ~9/04) Ela~ '
..
Date Request Submitted: February 11, 2005
Priority: ,,.,, ,
SENATOR TED STEVENS = FISCAL YEAR 2006 PROJECT REQUEST FORM
(PLEASE FILL OUT ONE REQUEST FORM FOR EACH REQUEST)
REQUESTS ARE DUE BY MARCH 1~ 2005
Name of Project' Kenai Erosion Control and Coastal Trail Design and Construction
Where is the project located? City of Kenai, Old Town on Bluff
Which appropriations bill (if known)? Unknown.
Amount of federal funding requested for this next fiscal year: $9,800,000
Total amount of federal funding needed for the program/project: $9,800~000
Number of years to fund this project: 1_
Matching funds (State, local, private or other)' $4,200,000
Was it in a prior appropriations bill(s)? Yes
If so, which bill? FY 02 and FY 05 Energy & Water Appropriations Bills
How much has been funded? $500,000 each
Is it in President Bush's Budget for FY 2006? No
If so, how much?
Contact Information in Alaska:
Name'
Address'
Organization'
Work No.'
Cell Number:
E-mail
Address:
Linda L. Snow, City Manager
210 Fidalgo Avenue
Kenai, AK 99611
City of Kenai
(907) 283-8222
(907) 398-0190
Ils n ow@ci, kenai, ak. us
Keith Kornelis, Public Works Manager
210 Fidalgo Avenue
Kenai, AK 99611
City of Kenai
(907) 283-8232
(907) 398-1404
kornelis@ci.kenai.ak, us
Contact Information in Washington, D.C. (if any)'
Name:
E-mail Address:
Work Number:
Cell Number:
Project Name' Kenai Erosion Control and Coastal Trail Design and Construction
Description'
The City of Kenai is seeking funds to stop the rapidly eroding bluff in Old Town Kenai. The
preliminary basic design method of erosion control is an armor rock revetment and riprap
method, with a coastal trail on top for restoration purposes.
Through the years, the City of Kenai has commissioned many studies and reports related to
controlling riverbank erosion in the area of the lower Kenai River. The areas of study have
included Kenai River sedimentation, dredging, hydrology, and rates of erosion.
in 1997 Corps of Engineers Reconnaissance Report stated, "The area of public property at most
risk from bluff erosion is the shore at the site of the Kenai Senior Center. The erosion rate is not
known without further study, but can be assumed to vary from 10 to 20 feet per year, based on
rates in similar circumstances elsewhere." The rate of erosion is currently estimated at between
3 to 10 feet per year along a one-mile length beginning at a point near the Kenai Beach Road.
In 1998, the City hired Peratrovich, Nottingham, & Drage, Inc. (PN&D) to perform a
Reconnaissance Level Study for an erosion control project. In 1999, PN&D produced a project
design concept report for a Kenai erosion control and coastal trail project. This report included
a schematic design, right-of-way property impacts, preliminary environmental considerations,
and a rough project cost estimate. PN&D recommended erosion control by using an armor rock
revetment and riprap method, with a coastal trail on top for restoration purpose. PN&D
completed its third contract with the City, which consisted of working on the environmental and
permitting requirements of this project. Approximately $120,000 of City funds has been spent
· on PN.&D's work.
In FY 2002, the US Corps of Engineers was allocated $500,000 to perform a technical
evaluation/reconnaissance study of Kenai riverbank stabilization needs to move the project
closer to being able to obtain the necessary permitting and design work. The City continues to
work cooperatively in conjunction with the Corps during this evaluation phase. The Corps is
scheduled to complete the evaluation study in March 2005.
The FY 05 Omnibus Appropriation Bill under Energy and Water Appropriations gave the US
Corps of Engineers an additional $500,000 to perform general investigations for permitting and
collecting the additional design data that is required to move the project forward to the
construction phase.
The City anticipates continued cooperation with the Corps in order to work through any
environmental permitting issues that may arise and complete the design and construction of this
project.
Do you need a change in the law? No.
If, yes, please attach language.
Do you need "intent" language? NO
If, yes, please attach language.
This form (and any attachments) should be mailed to following or faxed to
(202) 224-2354.
Date Request Submitted: February 11, 2005
Priority: I of 1
SENATOR LISA MURKOWSKI'S FISCAL YEAR 2006 PROJECT REQUEST FORM
(PLEASE FILL OUT ONE REQUEST FORM FOR EACH REQUEST)
REQUESTS ARE DUE BY MARCH I, 2005.
Name of Project: Kenai Erosion Control and Coastal Trail Desiqn and Construction
Where is the project located? City of Kenai, Old Town on Bluff
Which appropriations bill (if known)? Unknown
Amount of federal funding requested for this next fiscal year: $9,800,000
Total amount of federal funding needed for the program/project: $9~800,000
Number of years to fund this project: 1_
Matching funds (State, local, private or other)' $4,200,000
Was it in a prior appropriations bill(s)? Yes
If so, which bill? FY 02 and FY 05 Energy & Water Appropriations Bills
How much has been funded? $500,000 each..
Is it in President Bush's Budget for FY 2006? No
If so, how much?
Contact Information in Alaska:
Name'
Address'
Organization'
Work No.'
Cell Number:
E-mail
Address'
Linda L. Snow, City Manager
210 Fidalgo Avenue
Kenai, AK 99611
City of Kenai
(907) 283-8222
(907) 398-0190
Ilsnow@ci. kenai, ak. us
Keith Kornelis, Public Works Manager
210 Fidalgo Avenue
Kenai, AK 99611
City of Kenai
(907) 283-8232
(907) 398-1404
kornelis@ci.kenai.ak, us
Contact Information in Washington, D.C. (if any):
Name:
E-mail Address'
Work Number:
Cell Number:
Project Name: Kenai Erosion Control and Coastal Trail Design and Construction
Description'
The City of Kenai is seeking funds to stop the rapidly eroding bluff in Old Town Kenai. The
preliminary basic design method of erosion control is an armor rock revetment and riprap
method, with a coastal trail on top for restoration purposes.
Through the years, the City of Kenai has commissioned many studies and reports related to
controlling riverbank erosion in the area of the lower Kenai River. The areas of study have
included Kenai River sedimentation, dredging, hydrology, and rates of erosion.
In 1997 Corps of Engineers Reconnaissance Report stated, "The area of public property at most
risk from bluff erosion is the shore at the site of the Kenai Senior Center. The erosion rate is not
known without further study, but can be assumed to vary from 10 to 20 feet per year, based on
rates in similar circumstances elsewhere." The rate of erosion is currently estimated at between
3 to 10 feet per year along a one-mile length beginning at a point near the Kenai Beach Road.
In 1998, the City hired Peratrovich, Nottingham, & Drage, Inc. (PN&D) to perform a
Reconnaissance Level Study for an erosion control project. In 1999, PN&D produced a project
design concept report for a Kenai erosion control and coastal trail project. This report included
a schematic design, right-of-way property impacts, preliminary environmental considerations,
and a rough project cost estimate. PN&D recommended erosion control by using an armor rock
revetment and riprap method, with a coastal trail on top for restoration purpose. PN&D
completed its third contract with the City, which consisted of working on the environmental and
permitting requirements of this project. Approximately $120,000 of City funds has been spent
on PN&D's work.
In FY 2002, the US Corps of Engineers was allocated $500,000 to perform a technical
evaluation/reconnaissance study of Kenai riverbank stabilization needs to move the project
closer to being able to obtain the necessary permitting and design work. The City continues to
work cooperatively in conjunction with the Corps during this evaluation phase. The Corps is
scheduled to complete the evaluation study in March 2005.
The FY 05 Omnibus Appropriation Bill under Energy and Water Appropriations gave the US
Corps of Engineers an additional $500,000 to perform general investigations for permitting and
collecting the additional design data that is required to move the project forward to the
construction phase.
The City anticipates continued cooperation with the Corps in order to work through any
environmental permitting issues that may arise and complete the design and construction of this
project.
Do you need a change in the law? No
If, yes, please attach language.
Do you need "intent" language? No
If, yes, please attach language.
This form (and any attachments) should be mailed to following or faxed to
(202) 224-5301.
Rep. Don Young Appropriations Request Sheet
FY06 PROJECT QUESTIONNAIRE FORM
1. Name of Member of Congress.
Rep. Don Young (Alaska at Large)
2. Priority ranking' Due to funding constraints, please assign a priority number to each
project for which you are requesting funding.
Number 1 Priority' Kenai Erosion Control and Coastal Trail
Design and Construction
3. Name and address of the project grant recipient, and name, telephone number (and
e-mail address, if available) of a contact person at the recipient organization. If the
potential recipient is a school, please provide the name and location of the school
district in which the school is located. Also, if the project is to be carried out in a
location that is different from the grantee address, please provide that city and State.
City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611
Linda L. Snow, City Manager, (907) 283-8222, llsnow~¢i.kcnai.ak, us
Keith Kornelis, PW Manager, (907) 283-8232, kornelis~¢i.kenai.ak, us
4. Provide a brief description of the activity or project for which funding is requested.
The City of Kenai is seeking funds to stop the rapidly eroding bluff in Old Town
Kenai. The preliminary basic design method of erosion control is an armor rock
revetment and riprap method, with a coastal trail on top for restoration purposes.
Through the years, the City of Kenai has commissioned many studies and reports
related to controlling riverbank erosion in the area of the lower Kenai River. The
areas of study have included Kenai River sedimentation, dredging, hydrology, and
rates of erosion.
In 1997 Corps of Engineers Reconnaissance Report stated, "The area of public
property at most risk from bluff erosion is the shore at the site of the Kenai Senior
Center. The erosion rate is not known without further study, but can be assumed
to vary from 10 to 20 feet per year, based on rates in similar circumstances
elsewhere." The rate of erosion is currently estimated at between 3 to 10 feet per
year along a one-mile length beginning at a point near the Kenai Beach Road.
In 1998, the City hired Peratrovich, Nottingham, & Drage, Inc. (PN&D) to perform a
Reconnaissance Level Study for an erosion control project. In 1999, PN&D
produced a project design concept report for a Kenai erosion control and coastal
trail project. This report included a schematic design, right-of-way property
impacts, preliminary environmental considerations, and a rough project cost
estimate. PN&D recommended erosion control by using an armor rock revetment
and riprap method, with a coastal trail on top for restoration purpose. PN&D
completed its third contract with the City, which consisted of working on the
environmental and permitting requirements of this project. Approximately
$120,000 of City funds has been spent on PN&D's work.
In FY 2002, the US Corps of Engineers was allocated $500,000 to perform a
technical evaluation/reconnaissance study of Kenai riverbank stabilization needs
to move the project closer to being able to obtain the necessary permitting and
design work. The City continues to work cooperatively in conjunction with the
Corps during this evaluation phase. The Corps is scheduled to complete the
evaluation study in March 2005.
The FY 05 omnibus appropriation bill under Energy and Water Appropriations
gave the US Corps of Engineers an additional $500,000 to perform general
investigations for permitting and collecting the additional design data that is
required to move the project forward to the construction phase.
The City anticipates continued cooperation with the Corps in order to work
through any environmental permitting issues that may arise and complete the
design and construction of this project.
5. Funding details:
a. Total project cost (i.e., including all funding sources and all years):
Federal $ FY 2002 $ 500,000
Federal $ FY 2005 500,000
Federal $ FY 2006 9,800,000
State $ FY 2006 4,200,000
Total $15,000,000
b. Amount you are requesting for this project in fiscal year 2006 (your FY 2006
request should not exceed the amount that will be used in one year)'
$9,800,000 (Federal)
c. Break down/budget of the amount you are requesting for this project in fiscal year
2006. (For example, salary $40,000; computer $3,000 etc.)
Engineering
Construction Erosion Protection
Construction - Trail
Land - Right-of-Way
Total
$ 2,000,000
9,000,000
2,000,000
1,000,000
$14,000,000
Funds Requested' Federal = $9,800,000
State = $4,200,000
d. What other fundin~ sources are contributing to this project? What amount does
each of these funding sources contribute?
State Funds Requested' $4,200,000
e. Has the potential recipient received funding for this project from any Federal
agency currently or in the past five years? If yes, include information on the amount
of funds, the years received, and the name of the Federal agency and program
providing the funding.
Yes, through the Corps of Engineers
FY 02 Energy and Water Appropriations Bill = $500,000
FY 05 Energy and Water Appropriations Bill = $500,000
6. Describe the organization's main activities, and whether it is a public, private non-
profit, or private for-profit entity.
The City of Kenai is a municipality that provides services to the community.
.
What is the national significance of the project, and what specific federal
responsibility does the funding of this project or activity further? For example, what
measurable improvements in health status, educational achievement, or similar
outcomes will result from this project?
The project will stop the erosion that is destroying City roads, water, sewer,
buildings, and land. Both private and public facilities have been and will be
destroyed or damaged. Vintage Pointe Manor, a 40-unit senior living
facility, and the Kenai Senior Center are located on this badly eroding area.
AGENDA
_.... NAI CITY COUNCIL - REGULAR MEETING
..,.,;~, . FEBRUARY 16, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
KENAI, ALASKA http://www.ci.kenai.ak.us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. James D. Hudson, CLMT-- Licensing of Massage Therapists
2. Brenda Pilgrim-Ahlberg, Boys & Girls Club -- Project Protect
3. Gerald R. BrookmanlRichard Hahn -- McNeil River State Game
Sanctuary and Refuge/Hunting Closures
ITEM F: PUBLIC HEARINGS
1. Ordinance 2080-2005 -- Adopting KMC 23.40.010(b) to Create an
Employee Classification for Employees Hired Under the "Mature
Alaskans Seeking Skills Training" (MASST) Program.
2. Resolution No. 2005-06 -- Authorizing the City Manager to Enter Into
a Bar/Lounge Concession Agreement for the Kenai Municipal Airport.
3. *Liquor License Renewal -- Peninsula Moose Lodge #1942/Club
4. *2005 Liquor License Continuance -- WITHDRAWAL OF PROTEST
-- Amy & George Bowen d/b/a One Stop.
ITEM H: OLD BUSINESS
1. Discussion-- Lawton Acres Update
ITEM I: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 2081-2005 -- Establishing a New Zone in the Kenai
Zoning Code at KMC 14.20.120 Entitled the Limited Commercial Zone
(LCZ) and Amending the Land Use Table for All Zones in KMC
14.22.010 by Adding Two New Land Uses and Amending Three
Others.
4. *Ordinance No. 2082-2005-- Amending KMC 14.20.290 to Require
Notices of Board of Adjustment Hearings be Sent by Certified Mail to
the Appellant and Any Applicant for a Permit Being Appealed From at
Least Fifteen (15) Days Prior to the Hearing; Allowing the Board of
Adjustment for Good Cause to Set the Public Hearing Date Up to Sixty
(60) Days After the Filing of the Appeal; and, Updating and Clarifying
Other Portions of the Appeal Process.
5. Approval -- Council on Aging By-Law Amendment
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 D154/211
MAKE 28 PACKETS
COUNC]:L PACKET D]:STRTBU'I"J:ON
COUNC[L MEE~N~ DATE:
Me¥o~/¢ouncil Attorney / Te¥1o~/Sp~in~e~/KCbschull
Clerk ~ City Mana~le~ / Public Works
Police Department Finance ~ En~/ineer
Senior Center / Airport ~ Kim
Library / Porks & Recreation / Clarion
Fire Deportment ~ 5chmidt / Mellish
V]ESTA / Olson (Mail) KSRM
Governor's Office/5. Davis
AGENDA DI'STR]:BUT'J:ON
Sewer Treatment Plant Streets
Shop bock
Buil,din~l Maintenance Animal Control
Water/Sewer Counte~
DELIVER
Council Packets to Police Department Dispatch desk.
The Clarion, Davis, KSRM, Mellish & 5chmidt's Office will pick thei~ packet up in
my office. Mail Representative Olson's to 5tote Capitol, Room ~0, ,Tuneau (mailing
labels in byno Label list). The portion of the agenda published by the CJa~ion
should be emailed as soon as possible afte~ Noon on packet day. The camera-
ready agenda c:/myfiles/documents/minutes/agenda form for paper)is emailed to
Denise et £¢n/~su/a ~/ar/on (at email folder Work Session/Special Meetings, or
Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda,
resolutions, ordinances for public hearing, and ordinances for introduction) are
usually emailed to me and I~ hold them in my HTML file. Place them onto the city's
website with breamweaver from there as soon as possible before leaving the
office for the weekend.