HomeMy WebLinkAbout2005-05-04 Council PacketKenai
City Council
Meeting
Packet
May 4,
2005
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MAY 4, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
_htt~://www. ci.kenai, ak.u s
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.
I_'rEM B:
,
SCHEDULED PUBLIC COMMENTS (10 minutes)
Josie Hudson -- President, American Legion Auxilliary-- Poppy Week
Proclamation
ITEM C:
I_TEM D'
ITEM E:
ITEM F:
UNSCHEDULED PUBLIC COMMENT~ (3 minutes)
REPORTS O.___~F KPB ASSEMBLY LEGISLATORS AND COUNCILS
REPORTS OF KENAI CONVENTION/is VISITORS BUREAU
BOARD AND KENA~ CI~AM_U~R OF CO__M~RC~.
PUBLIC HEARINGS
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Ordinance No. 2087-2005 {Substitute[ -- Amending KMC 23.40.030(f)
to Change the Amount of Leave Time an Employee Who Works the
Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours
to 84 Hours and Lowering From 80 to 60 Hours Per Year the Amount of
Leave Time that Must be Taken for Employees Working 40 Hours Per
Week. {Postponed from April 20, 2005 meeting.)
Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add
Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus
Operators. (Tabled at April 20, 2005 meeting.)
Ordinance No. 2092-2005 -- Increasing Estimated Revenues and
Appropriations by $25,000 in the Senior Center Kitchen Capital Project.
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10.
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12.
13.
14.
ITEM G:
le
ITEM H:
Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include an
Exemption for Certain State Approved Relative Day Care Providers.
Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a
Definition of "Condominium."
Ordinance No. 2095-2005 -- Increasing Estimated Revenues and
Appropriations by $650 for an Increase in Federal Grant for Wetlands
Protection.
Ordinance No. 2096-2005 -- Increasing Estimated Revenues and
Appropriations by $2,740,085 in the Airport Land System Special
Revenue Fund and the Parallel Taxiway Capital Project Fund.
Resolution No. 2005-16 -- Expressing Support for KPB Ordinance
2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting
the 2005 Kenai Peninsula Borough Comprehensive Plan.
Resolution No. 2005-17 -- Awarding a Lease for One Fish Season (May
15, 2005 to September 30, 2005) of Kenai Dock Stations No. 2 & 3 to
Copper River Seafoods for the Seasonal Base Bid of $38,501 Plus
$0.03/Lb. Over 1,283,367 Lbs. Plus $500 Per Month for a Special Use
Permit for the Boat Storage Area.
Resolution No. 2005-18 -- Awarding the Bid to Grace Painting, Inc. for
Kenai Visitors Center Exterior Painting - 2005 for the Total Amount of
$11,070.
Resolution No. 2005-19 -- Transferring $25,500 in the Multipurpose
Facility Capital Project Fund for the Ceiling Insulation and Fire Barrier
Project.
Resolution No. 2005-20 -- Awarding the Bid to Chumley's Urethane,
Inc. for the Kenai Multipurpose Facility Ceftin§ Insulation & Fire Barrier
- 2005 for the Total Amount of $26,789.24.
Resolution No. 2005-21 -- Accepting the Donation to the City of Kenai
of Tract F, Leo T. Oberts Subdivision, by James A. and Jo Ann Elson.
Resolution No. 2005-22 -- Supporting the Governor's Proposed Use of
the Amerada Hess Settlement Earnin§s to Improve the State's and
Communities' Transportation System and Other Capital Improvements.
MINUTES
*Regular Meeting of April 20, 2005.
*Notes of April 11, 2005 Budget Work Session
OLD BUSINGS
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I_TEM I:
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ITEM J:
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2.
3.
4.
5.
6.
7.
Discussion -- Lawton Acres (Continued from 4/20/05 meeting.)
Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B
(Increase in Fees and Extension of Expiration Dates) (Continued from
4/20/05 meeting.)
Approval -- Termination of Kenai Municipal Airport Lease/Space 21 -
Fischer and Associates, Inc. {Continued from 4/2/05 meeting.)
NEW BUSINESS
Bills to be Ratified
Approval of Purchase Orders Exceeding $2,500
Ordinance No. 2097-2005 -- Increasing Estimated Revenues and
Appropriations by $200,000 in the General Fund and the Multipurpose
Facility Capital Project Fund for Improvements Requested by the Arctic
Winter Games Host Society.
*Ordinance No. 2098-2005 -- Increasing Estimated Revenues and
Appropriations by $794 for Library Grants.
*Ordinance No. 2099-2005 --Amending the Definition of "Parking
Space, Private" in KMC 14.20.320(b) to Exclude Garages and to Require
Such Parking Spaces to be at Least Nine (9) Feet Wide.
*Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a
De£mition for "Lot Coverage."
*Ordinance No. 2101-2005 -- Increasing Estimated Revenues and
Appropriations by $11,500 in the Street Improvement Capital Project
Fund for a Grant From the U.S. Fish & Wildlife Serv/ce for Culvert
Replacement on Boat Launch Road.
Approval-- Consent to Assignment and Release of Leases -- From
Capital Crossing Bank to David and Sheme Arbuckle/Lots 1 and 1-A
Aleyeska Subdivision, Part 3 {Katmai Motel).
__COMMISSION/COM_M!__TT~ 1~ ~PORT._O
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
Stranded Gas Committee
ITEM K:
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Evaluations of City Manager, City Attorney and City Clerk;
and negotiations regarding repurchase of airport property.
ITEM N:
ADJOURNMENT
MAYOR'S REPORT
MAY 4, 2005
REGULAR COUNCIL MEETING
ADD AS:
ADD AS:
ADD TO:
CHANGES TO THE AGENDA
B-2, Persons Scheduled to be Heard-- Richard
Warrington/Brain Awareness Week
Item E, Report of Kenai Convention & Visitors
Bureau -- 4/29/05 letter and minutes of January,
February and March board meetings.
J-5
1.
,
F. Todd Wortham, DDS -- Application for
appointment to the Parks & Recreation
Commission.
Robert J. Molloy -- Application for
appointment to the Parks & Recreation
Commission.
RE(~UESTED
BY:
CITY CLERK
CITY CLERK
CITY CLERK
CONSENT AGENDA
MAYOR'S REPORT
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SIGN IN SHEET
Brain Awareness we"~k':---..--~' ·
Kenai Penins'ul
In Partnem'hi.
For more information,
check the web:
www.dana.org/brainweel,
~ry Support Group
a.-Alliance
For more inform-'
. _ .,:~,,--,~....:-:.-..:.,.::..;:,..:.:~.,,~,....:. f
accommodat~on~h~a~~be needed or
Please ca11":.283~~i:~. ~~2-6333
coordinated by the Dana Alliance for B~n-tai~~<'
. -:.':::..: ',~,~~::.~-
tthe registration or
the walk,
- xecu Proc iamatio n
Frank H. l urkowski , Governor
.'~ ~'s~i~a~tc.~i .5..-; ~:a~:i~.~ A~n~'rica~s currently live with disabilities :'c~ultin4 fro:a
[i':,tl;i;;~lic l~i'atiil :ll~L:i'v. i~vcr',' vca, i', ~O,GO0 individual~ expefie~ce thc ons,.t of :Ol~-
~oliy>;lt;a,ly, a~lict cl~:o~,o~aiis., con~.equcnces can include short and long-ter:~ m~mOa-
:oss. {:oublc (,r t~w visi,)n, !le:tdaci~cs (~r tnigr~nes, i~fi~e, increascci '~lixi '~v
C ' ' ' ' ·
~, '91'CSSlt~Ii t~l'iCl Ii;~C; >,WIII~S. ail(l Impulsive behavior.
.ilt.[I1,2:' ::: :,(i(~lt.':';..'t':It::. ' t:tll'l:4 ::dkl!tS, aX;ICl pet)pie {)I(t..r than 75 vez. u's.
.,',i. .'l l' : ~;.:i'.l ,.. ..~, .
....
2'~:t.."'c.z[:~ {~1 :',~:l' ~:. t;rv '~:'c rl{'v:tstnl'l~:[ cmotiona!!y and fina~:ci:~ll..-
~~ ,'~-" ,~:' ,);':.,l~: ', .............'ic ui-,i,ct: 3'a[c.~; is curia,areal to bc $56.3 b~iion
~ i~l~i~c' a,v,'atr(:t:css r.,f t!~,' cXtC'nt, consequences, and causes of br~n ii,jury i'.~
';IC l,l':J'.'Cllki,O!l (;" ":I<'~;C ill'Ill'it:al ;tlld wiil t:llhance tht. recove~ proc,,s-; for l:,erso'is wit!-
.
'i'iic :<clia~i i~cziilisuia 5:'~,in injury Support Group ~11 be having irs ninth a~lnuai Drail~
lnju:y ..k'.'.'itrclics. ',','c, ik al~d gar-B-Q tiffs ye~ on dU~e 4, 2005. Tttis event
i':tlsc ~:v.':.ircncss :ts ',',',:t' as ino~lcv to ht'lp support pr0grms in the
. .
"OV,'. 'I'iiEREi.'(>I<!.5. ,. ~"i';~l~i 1t. ~.urk~,~vski., Governor of the State
~l Trau.-taric Brain Inju~ Awarenoss 3Iorttt~
.
.
'; - . -v- - ' ~- .- ·-,. ' . '
' Govcrnor
' . . authorized the ~ [
..
This is a Letter of introduction to our organi~tion.
Wc are the Kea]ai Peninsula Brain Injury Support Group.
We meet on the 1". And 3'~. Tuesdays of each month 6pm to 8pm
At the Independent Living Center, located in the'~d" Building on K-Beach Rd.
(Near the Fish and Game Office).
We received intbrmation from the National Brain Injury Association,
Located in Mclean, Virginia. 'i'he web site is, "http'.//www. Nausa.org'
The Brain Injury Association is a Volunteer, Non. Profit organization at all levels.
The Kenai Peninsula B ! Support Group holds one fun~iser a year,
"The Brain Injury Awareness Walk and Bat-B-Q" Held EACIt YEAR the FIRST SATURDAY AFTER
Memorial Week-End, This year the walk will be held on,' '
The Brain Awareness Walk is part of the National Brain Awareness Week'
MARCH 14m--.20Tu 2005
In Partnership with the Dana Alliance for Brain Initiatives, o,fNew York, doing Medical Research on the
Brain. The Dana Web site is www.dana.orWbminweek
_
'Ibc Brain Awareness Walk is part of our "Community Prevention Program", to raise Awareness, "Protect
Your Brain', AS YOU GO ABOUT LIFE'S ACTIVITIES...
We have national appointed Ambassador's, who will g°t° ..,~:hools, or other organizations To promote, .
"Prevention Education." ... ,.
You will always find our table at the "Villag~ Health Fair?;":~sored by "Brid~es"
We have lots of' m£ormatton on Prevention, or where to fred.help for survivors and their families of people
who have sustained an injury. ...' .
One of our on going programs is the, "Helmet% For I,~~ogram." We ofl~- a helmet For $10.00
purchase fee and exchange helmet, if the child grow~ o~ Of. it or you've Damaged it in an accident, it
be replaced. -
We have a National Education program called, "Head::~'~, to help Prevent Brain Injuries, from Toddler
Helmet to Community Violence. This progrmn was deVeio~ for use in the School Criculum.
The money we raise at the Awareness .Walk- andBar. B.Q, stays here on the Peninsula to
help support these progran~: .......... "" ....... :' '
, .
So when someone asks you to come partieipat"~:.ei3me to lunch or just make a donation,
.....~:'~*" "*', 2':~: ".
YOU ARE HELPINO TO EDUCATE~~'TE~'~~~' FOR,
&& , .- .-.. .,.~-i 'x.. ,4 :~ . ~. ~.,,,....
OUR LOVED Om!S YOtmS
^ mstmY TOUCmiS
.. -
For more information please call 283-5711 '6r~.2~2}6333
·
· _., ,..,~,..~,~'e'~.~i.~.,:.~ .........
"Life after Brain .njuW ,i,May Never Be theSa ne;"
· . .....,.,,:~....:,:~ .
..
·
Kenai Peninsula Brain Injury Support Group
Kenai, Alaska
June 4th 2005
9th Annual Brain Awareness Walk
Come help make Our Com _.munity Aware,
Thousands of lndividuals'and Families experience the
devastating effects of Brain Injury or impairments every
year in Our State.~ As part of the National.Brain Awareness
Week, The Kenai Peninsula Brain Injury Support Group is
sponsoring the 9th Annual Awareness Walk and Bar-B-Q.
Route:
The walk begins at the Kenai Cen~al High School on the
Kenai Spur Highway, at 11 '00 a. m. '
Walking through Beautiful Downtown Kenai to the Green
Strip Park by the SoftBall Fields. On Main Street Loop.
There will be a Bar-B-Q lunch served afterwards.
REMEMBER:
"Just one Brain Injury W~ll change your mind"
All participants will receive a Certificate of Appreciation.
Bring your Family, Supporters, Friends of BIA, and
Survivors as We Walk For Awareness!!!
For more Information or Registration, please call:
The Kenai Peninsula Brain Injury Suppo~ group at,
283-5 711 or 262-6333 ~"
SUPPORT THE KENAI~~~LA BRAIN
INJURY SUPPORT'~GR~~K FOR
AWARENESS AND PREVENTION IN KENAI!!!
Kenai Peninsula Brain Injury. Support'. Group
In Partnership with the Dana Alliance
"Brain Awareness Week"
"Walk for Awareness!"
Registration Form
'NCE FOR B
!'qame'
Address'
City' . ..... State' ,
Zip'
Phone' Fax'
E-Mail Address:
Registration Fee' $.1
Please make checks payable to:.
Kenai Peninsula Brain
Mailing Address for Registration:
Injury Support Group
Kenai Peninsula
31 3 Cindy Circle
Kenai, Alaska
Brain Injury Support Group
99611
For more information about the.registration or
accommodations that maybe needed for the walk,
Please call 283-5711 or 262-6333
BRAIN INJURY AWARENES$ WALK
ONATIONS OR SPONSORS ~ ~ ~r-- ' '
DOd -
Name: ation:
Name: Donation:
Address'
- -- u i _ L
Soonsor l'q a~e: Donal:i'0n:
A d d ~' ess'
Name:
Address'
~-r~0nsor Name:
Donation:
D0nati~n:- . ....
Add~'ess'
)ooasor' Name:
.... Don~ti~-~:
Address'
Sponsor Na~e: ........
Address'
DonatiOn:
Sponsor Name: . Donation:
Add~'c~ss:
Sponsor" Name: ' Donaii6n:'
Acldress:
'the Kenai Peninsula Brain Injury Support G~'oup.
PROCLAMATION
IVHE~A$, in 1919, after World War I, the poppies bloomed in
abundance on the battlefields of France where many of our men had fallen
in battle. A replica of this poppy has become the memorial flower of the
American Legion, George H. Plumley Memorial Post and American Legion
Auxiliary, Kenai Unit 20; and,
WHEREAS, the American Legion Auxili~, Kenai Unit 20 has pledged
one hundred percent of its proceeds from distribution of poppies to be
designated to welfare relief for servicemen and women and their families;
and,
IVHE~A$, disabled veterans made the memorial poppies from red
crepe paper in hospitals and poppy workrooms in forty states. The workers
receive pay for the more than 25 million poppies made. Donations from the
distribution of the poppies amounts to more than $2 million each year.
NOW THEREFORE, I, PAT PORTER , MAYOR OF THE CITY OF
KENA/, ALASKA, do hereby proclaim May 15-21, 2005 as
AMERICAN LEGION A UXILIAR Y, KENAI UNIT 2 0
POPPY WEEK
in the City of Kenai and urge the citizens of Kenai to wear with pride an
American Legion poppy.
DATED: This fourth day of May, 2005.
, PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
April 29, 2005
Conveation' &
Visitors Bureau,~
11471 Kenai Spur Highway
Kenai, AK 99611
(907) 283-1991
Honorable Pat Porter, Mayor
Members of City Council
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611-7799
Re'
May 4, 2005 Report
Thank you for this opportunity to report on the recent activities of the Kenai
Convention & Visitors Bureau and the Kenai Visitor & Cultural Center.
Kenai Visitor & Cultural Center
Approximately 400 invitations have been mailed for the annual Gala Reception.
Charlotte's will be catering the event this year, with oysters from Snug Harbor
and a few other surprises. This year everyone will receive two drink tickets and
will be able to purchase additional drinks from the bar. Once again, we will be
using this as an opportunity to raise additional funds, so look forward to some fun
silent auction items, as well as a raffle to be drawn on Saturday, May 28, 2005.
The show has been installed. We have left space in the Conference Room to
allow for the free summer interpretive programs. In the past these programs
have been located in the Board Room and quickly became crowded. By moving
it back into the Conference Room we can accommodate more people. When not
in use for interpretive programs, videos will be running. These videos will include
a variety of Alaskana topics.
Alaska zoo:~: Native A~ Now officially opens on May 2, 2005, with a First
Thursday event on May 5, 2005. The Gala Reception will be May 13, 2005 from
5:00 p.m. to 9:00 p.m. We hope to see you there!
Kenai Convention & Visitors Bureau
We've been working on several different issues over the past few weeks. They
are Lake Clark National Park and Kenai's Saturday Market.
Lake Clark National Park
Kenai's Saturday Market
The Saturday Market was a KEDS strategy to turn Kenai into an arts destination.
What is interesting to see is how this is generating economic interest in Kenai,
and a central point for disseminating information about starting a small arts and
crafts or produce business. We've met with several representatives from
different agencies, including Dee Gattis, with EDD. During our meeting, she
informed us about the Export Alaska program for vendors who qualify for the
program as well as the mini-loans EDD has available for small businesses
We have six vendors who have committed for the season, and hope to see more.
We've received the necessary forms for produce growers to become oligiblo for
collecting WIG coupons. We met with Jerry Farrington of Alaska Department of
Environmental Conservation on Thursday, April 28, 2005 to discuss food-
handling and permitting needs. We learned that prepackaged foods are fine but
if someone is preparing foods during the Market, s/he needs to have a permitted
mobile unit. We are working with Marilyn Kebschull to get the proper variances
in place so we can place a few mobile signs off premises to direct people to the
Market. This was a request from those who attended the organizational meeting
on April 23, 2005. Finally, this may become an additional outlet for commercial
fishermen to sell their fish directly to the consumer, with the proper permits.
In other news, Kenai was listed as one of five recommended family travel
vacation spots in a piece titled $2,000 Spots That Sparkle in the April 2005 issue
of Nick, Jr. The other destinations listed were:
· St. Lucia, West Indies
· Quepos, Costa Rica
· Lake Placid, NewYork
· Playa del Carmen, Quintana Roe, Mexico
The Must-do Freebie is looking for moose, caribou and bald eagles along the
Kenai Spur Highway. Plus, the CVB's phone number and website are listed for
destination information. This size advertising in a national publication would cost
several thousand dollars, and wouldn't include an endorsement. This is great for
Kenai!
Kenai Convention & Visitors Bureau
Kcnai, AK
Regular Meeting
January 31, 2005
Vice President Marion Nelson called the regular meeting of the Kenai CVB to order at 5:40 p.m., January 31,
2005, in the Kenai CVB Board Room. Roll call was taken and the following members were present:
Members David Edwards-Smith Sharon Brower Marion Nelson
Robin West Sasha Lindgren Ron Malston
Honorable Pat Porter Jacquie Steckel Fred Braun (tardy)
Absent Jerry Dunn Robert Fulton
Visitors Present: Mya Renken, KCVB Executive Director, and Lisa Strother, KCVB Administrative Specialist,
Betty Glick, Kenai Peninsula Borough Assemblywoman
Approval of Agenda'
Sharon Brower moved to approve the agenda, Ron Malston seconded.
Vote: Unanimous
Approval of Minutes:
Ron Malston moved to approve the agenda, Sharon Brower seconded.
~ Vote: Unanimous
Visitors Presentation
Kenai Peninsula Borough Bed Tax Ordinance
Assemblywoman Glick discussed her intent in introducing the proposed bed tax ordinance and outlined the
alternatives to the tax as well as the planned disbursement of the funds raised through the tax. Board comments
included concerns residents don't understand the bed tax fully and concern about implementation and
management strategy. The question was asked whether funds raised would be used to offer more and/or better
services to visitors (i.e. waste removal, road maintenance). Assemblywoman Glick was asked whether the tax
will be charged to RV's as well. There was additional discussion about the City of Kenai's 5% bed tax and
whether it had been sunset or not. Assemblywoman Glick said alternatives to a bed tax may include raising the
mill levy, raising the sales tax (possibly a seasonal raise from May through September), or cut backs of.
personnel or services within the city government. Public hearings on the ordinance will be held on March 1,
March 15, & April 5.
Executive Directors Report
Discussion: Mya Renken reported that the suggested changes from the Mikunda Cotrell audit have been
implemented and the City of Kenai has requested a complete report and follow up by June 1, 2005. Nick Jr.
Magazine contacted the KCVB and the city will be featured in the April issue. Thank you to Marion Nelson
and Pat Porter for lending a hand at the Tusmmena 200 Ceremonial Start. Website updates and remodels are
planned for both sportfishingkenai.com (updates) and visitkenai.com (remodel). Arrangements have been made
with the alternative school to donate all additional food from the meetings held here to the students at the
school. The staff is trying out a web-based time clock to better track work hours for each department.
Financial report
Discussion: The 2004 year end financial report will be presented in February.
Kenai Convention & Visitors Bureau
Kenai, AK
Regular Meeting
February 28, 2005
President Fred Braun called a work session for the regular meeting of the Kenai CVB to order at
5'40 p.m., February 28, 2005, in the Kenai CVB Conference Room. A quorum was present at
6'00 p.m., after which official business was conducted. Roll call was taken and the following
members were present:
Members Robin West Sasha Lindgren
Jacquie Steckel Fred Braun
Absent Jerry Dunn Robert Fulton
Excused Sharon Brower Marion Nelson
Ron Malston
David Edwards-Smith
Visitors Present: James Givens, Co-Owner/Operator of Upper Kenai River Inn, Mya Renken,
KCVB Executive Director, and Lisa Strother, KCVB Administrative Specialist
Approval of Agenda:
Ron Malston moved to approve the agenda, Robin West seconded.
Vote: Unanimous
Approval of Minutes:
Jacquie Steckel moved to approve the agenda, Ron Malston seconded.
Vote: Unanimous
Executive Directors Report
Discussion: KPTMC requested accommodations listing for all members for AWG promotions.
ATIA will be creating a new Kenai Peninsula region for travel guides. All peninsula cities will
be listed alphabetically, separate from Anchorage and Mat-Su regions. Mya Renken was
contacted regarding the flying/hunting proposal, stated that the KCVB has no current stand on
the issue because any position KCVB takes will be determined by economic impact not wildlife
management. Members are testing the effectiveness of the leads program versus other
organizations' programs. KCVB received thank you's fi'om the photo guild for the use of the
facility, job shadow participant, and KCHS for support with the graduation ceremony location
controversy. We have been receiving quotes for the price of printing visitor guides. The only
member business, Printworks in Homer, Offers to do all of the sales, setup and printing and
leaves the editorial to the KCVB, downside is that KCVB receives no profit from ad sales. New
MASST hire will start this week at the KCVB and will work through the summer. Staff is
looking forward to the Dena'ina Institute art and culture events on June 10. Senate bill 107-
Sport fish export license, would require any non-resident to purchase a export license in order to
ship any fish out of state. AWRTA asked Mya to consider becoming a board member, at this
time Mya has opted to decline the offer as the KCVB duties consume the majority of her time
and efforts.
(Official call to order at 6:00p.m. after a quorum was reached.)
Kenai Convention & Visitors Bureau
Kenai, AK
Regular Meeting
March 28, 2005
President Fred Braun called the regular meeting of the Kenai CVB to order at 5:44p.m., March 28, 2005,
in the Kenai CVB Board Room. Roll call was taken and the following members were present:
Members Fred Braun
Pat Porter
Absent Jerry Dunn
Excused Robin West
Jacquie Steckel Sharon Brower
David Edwards-Smith
Robert Fulton
Marion Nelson Ron Malston
Diane Loftsted
Visitors Present: Mya Renken, KCVB Executive Director, and Lisa Strother, KCVB Administrative
Specialist
Approval of Agenda'
Brower moved to approve the agenda, Steckel seconded.
Vote: Unanimous
Elections
Edwards-Smith moved to ratify the election of the 2005 KCVB Board of Directors; Browcr
seconded. There was a discussion about board attendance. Rcnken had spoken with Fulton, who
had informed her about a scheduling conflict on March 28, 2005. Renkcn has been unable to
contact Dunn.
Vote: Unanimous
Election of New Officers
Braun suggested postponing election of officers until April meeting. Brower moved to postpone elections;
Edwards-S mith seconded.
Vote: Unanimous
Approval of Minutes:
Edwards-Smith moved to approve the agenda, Steckel seconded.
Amendment to February minutes - remove Sandra Vozar from roll call as she resigned position prior to
meeting date.
Vote: Unanimous
Persons Scheduled to be Heard
None
Executive Directors Report
Discussion: Staff working on new collateral materials promoting city and KCVB, hope to have some to
bring to Great Alaska Sportsman Show in Anchorage. Easter egg hunt on Saturday, March 26a~ great
success, we're ready to start planning for next year. Idea of working with the Alaska Media Roadshow to
sponsor/house a "celebrity" chef including a Kenai Wild Cook-off in the Fall. Kenai River Sportfishing
Association contacted Renken about a $500 sponsorship for Science on the Kenai. Spoke to the
Peninsula Clarion regarding changes at the Kenai Visitors & Cultural Center, including the 2006 summer
exhibit. KCVB has taken on an additional MASST participant to coordinate the KEDS proposal of a
Saturday Market, scheduled to start on Memorial Day weekend and last through Labor Day weekend.
Suggested by:
SUBSTITUTE
Administration
CITY OF KENAI
ORDINANCE NO. 2087-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAStCa,, AMENDING
KMC 23.40.030(f) TO CHANGE THE AMOUNT OF LEAVE TIME AN EMPLOYEE WHO
WORKS THE EQUIVALENT OF A 56 HOUR WORK WEEK MUST TAKE PER YEAR
FROM 112 HOURS TO 84 HOURS AND LOWERING FROM 80 TO 60 HOURS PER
YEAR THE AMOUNT OF LEAVE TIME THAT MUST BE TAKEN FOR EMPLOYEES
WORKING 40 HOURS PER WEEK.
WHEREAS, currently KMC 23.40.030(f) requires a city employee working the
equivalent of a 56 hour work week to take a minimum of 112 hours leave per year;
anti, ·
WHEREAS, that leave requirement can cause a hardship for fire department, which
must pay overtime for employees to cover the shifts of employees taking leave; and,
WHEREAS, reducing the amount of leave time an employee working the equivalent of
a 56 hour work week must take from 112 hours to 84 hours per year would reduce the
overtime liability for the City; and,
WHEREAS, a similar percentage adjustment (from 80 to 60 hours per year) should be
made in the amount of leave time requested to be taken for employees working forty
hours per week; and,
WHEREAS, such a reduction in overtime liability would result in a significant cost
saving to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 23.40.030(f) is amended as follows'
23.40.030 Annual leave.
(f) It is required that each employee use a minimum of [EIGHTY (80)]
sixty (60) hours of leave per calendar year for employees working forty
(40) hours per week, and [ONE HUNDRED TWELVE (112) eighty-four (84)
hours for employees working the equivalent of fifty-six (56) hours per
week, and affect appropriate coordination with the department head.
Employees working less than forty (40) hours per week shall be required
to take the same proportion of leave time; e.g., an employee workin_~
twenty (20) hours per week would be required to take thirty (30) hours
leave time per calendar year. If actual hours used are less than the
minimum requirement, then the difference shall be deducted from
available leave hours without any compensation to the employee.
Ordinance No. 2087-2005
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
April 6, 2005
April 20, 2005
May 20, 2005
(4/14/05 kh)
Suggested by: Adn
CITY OF KENAI
ORDINANCE NO. 2091-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 23.55.030(b}(2) TO ADD QUALIFICATION PAY OF $300 FOR FIRE FIGHTERS
WHO QUALIFY AS FIRE APPARATUS OPERATORS.
WHEREAS, under the Kenai personnel rules, Fire Engineers (at range 15) are required
to have higher skills and qualifications than Fire Fighters (at range 13); and,
WHEREAS, those higher qualifications include the requirement to operate fire
apparatus such as tankers, ladder trucks, engines and airport crash vehicles; and,
WHEREAS, it is beneficial to the Kenai Fire Department to have Fire Fighters be able
to operate the same fire apparatus as Fire Engineers because it allows them to be used
in a similar capacity as higher paid Fire Engineers; and,
WHEREAS, granting Fire Fighters an incentive of $300 annually will encourage them
to become qualified to operate such fire apparatus.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 23.55.030(b)(2) is amended to read as follows:
23.55.030 Qualification pay.
(2) Fire Department.
(i) Recognition entitlements for an associate degree in fire science is four
hundred eighty dollars ($480.00) per year. Eligible grades are fire
fighter, engineer, and captain.
(ii) Recognition entitlements for EMT certification for eligible grades of fire
fighter, engineer, and captain are as follows'
EMT I . $ 250/year ·
Instructor .
EMT II $ 500/year
EMT III
EMT-
Paramedic
$1,000/year '
(includes EMT II
$1,500/year :
(includes EMT II &
............................................................................................................... III pay)
(iii)
Recognition entitlements for fire fighter
$300/year. The eligible grade is fire fighter.
apparatus
operator is
Ordinance No. 2091-2005
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April,
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
April :6, 2005
April 20, 2005
May 20, 2005
(3/29/05 sp)
Suggested by: Admini.,
CITY OF KENAI
ORDINANCE NO. 2092-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN
THE SENIOR CENTER KITCHEN CAPITAL PROJECT FUND.
WHEREAS, the Alaska Mental Health Trust Authority has provided a grant of
$25,000 for the Senior Center Kitchen renovation; and,
WHEREAS, the Senior Center/Borough Grant fund has sufficient fund balance
to finance the balance of the project if necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
Senior Center Kitchen Capital Proiect Fund
Increase Estimated Revenues:
Alaska Mental Health Trust Grant
$25,000
Increase Appropriations:
Construction
$25,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day
of May 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(04 / 12 / 2005) hl
Introduced:
Adopted:
Effective:
April 20, 2005 May 4, 2005
May 4, 2005
Suggested by: Adm
CITY OF KENAI
ORDINANCE NO. 2093-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAStCa,, AMENDING
KMC 14.20.230(g) TO INCLUDE AN EXEMPTION FOR CERTAIN STATE APPROVED
RELATIVE DAY CARE PROVIDERS.
WHEREAS, KMC 14.20.230(g) allows for an exemption from the home occupation
requirements if the home based business meets certain conditions; and,
WHEREAS, the State of Alaska provides payments to certain individuals to provide day
care for their grandchildren, grand-children, nieces or nephews, or sibling; and,
WHEREAS, because payments for day care services is involved, those care givers have
to apply for a home occupation permit; and,
WHEREAS, those state approved relative home day care providers should be included
in the home occupation exemption if they provide care to no more than five children
under the age of twelve (including their own) and no more than two of the children are
under the age of thirty months and which involve no outside sign, little increase in
traffic with only occasional visits by members of the public to the home.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.230(g) be amended as follows:
(g) Exemption. No home occupation permit shall be required for: {1)
activities or business which are carried on solely by use of phones,
computers and mail or delivery services or (2) a state-approved relative
home day care provider that provides care to no more than five (5)
children {including the care giver's own children) under the age of 12 of
which no more than two may be under 30 months of age and who are the
care giver's _grandchildren, great-grandchildren, sibling Ionly if living in a
separate residence), niece or nephew (not a great niece or nephew), and
which involve no outside sign, little or no increase in traffic, and with
only occasional visits by members of the public to the home.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May,
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced: April 20, 2005
Adopted: May4, 2005
Effective: June 4, 2005
KENAI. ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-11
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA REQUESTING THAT KMC 14.20.230(g) BE AMENDED TO INCLUDE AN
EXEMPTION FOR CERTAIN STATE APPROVED RELATIVE DAY CARE PROVIDERS:
WHEREAS, KMC 14.20.230(g) allows for an exemption from the home occupation requirements
if the home based business meets certain conditions;
WHEREAS, the State of Alaska provides payments to certain individuals to provide day care for
their grandchildren, great-grandchildren, nieces or nephews, or sibling;
WHEREAS, because payments for day care services is involved, those care givers have to apply
for a home occupation permit;
WHEREAS, those state approved relative home day care providers should be included in the home
occupation exemption if they provide care to no more than five children under the age of twelve
(including their own) and no more than two of the children are under the age of thirty months and
which involve no outside sign, little increase in traffic with only occasional visits by members of
the public to the home;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA, that KMC 14.20.230(g) be amended as follows: (g)
EXEMPTION. NO HOME OCCUPATION PERMIT SHALL BE REQUIRED FOR: 1_)
ACTIVITIES OR BUSINESS WHICH ARE CARRIED ON SOLELY BY USE OF PHONES,
COMPUTERS AND MAIL OR DELIVERY SERVICES OR 2) A STATE APPROVED
RELATIVE HOME DAY CARE PROVIDER THAT PROVIDES CARE TO NO MORE THAN
FIVE CHILDREN (INCLUDING THE CARE GIVER'S OWN CHILDREN) UNDER THE AGE
OF 12 OF WHICH NO MORE THAN TWO MAY BE UNDER 30 MONTHS OF AGE AND
WHO ARE THE CARE GIVER'S GRANDCHILDREN. GREAT-GRAND-CHILDREN,
SIBL1NG (ONLY IF LIV1NG IN A SEPARATE RESIDENCE), NIECE OR NEPHEW (NOT A
GREAT NIECE OR NEPHEW), AND WHICH 1NVOLVE NO OUTSIDE SIGN, LITTLE OR NO
1NCREASE IN TRAFFIC, AND WITH ONLY OCCASIONAL VISITS BY MEMBERS OF THE
PUBLIC TO THE HOME.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of April 2005.
CHAIRPERSON:
Suggested by: Adm:
CITY OF KENAI
ORDINANCE NO. 2094-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.320(b) ADDING A DEFINITION OF "CONDOMINIUM."
WHEREAS, KMC 14.20.320(b) contains the list of definitions for terms used in the
Kenai Zoning Code; and,
WHEREAS, KMC 14.20.320(b) does not contain a definition of "condominium"; and,
WHEREAS, AS 34.07.440 requires local planning and zoning codes to treat
apartments in a similar manner regardless of whether they are leased by the owners
or sold as condominiums; and,
WHEREAS, it is in the best interest of the City of Kenai to include a definition of
"condominium" in the definition section of KMC 14.20.320(b).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.20.320(b) is amended by adding the following definition:
(b) Specific Definitions:
"Condominium" means a common interest ownership dwelling in
which' (A) portions of the real estate are designated for separate
ownership; (B) the remainder of the real estate is designated for
common ownership solely by the owners of those portions; and (C)
the undivided interests in the common elements are vested in the
unit owners. In the Land Use Table (KMC 14.22.010),
condominiums shall be treated as two or more family dwellings.
For example, a four unit condominium building would be treated
as a four family dwelling.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May,
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced: April 20, 2005
Adopted: May 4, 2005
Effective' June 4, 2005
KENAI. ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-14
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA REQUESTING THAT KMC 14.20.320(b) BE AMENDED TO ADD A
DEFINITION FOR CONDOMINIUM'
WHEREAS, KMC 14.20.320(b) contains the list of definitions for terms used in the Kenai Zoning
Code; and
WHEREAS, KMC 14.20.320(b) does not contain a definition of"condominium"; and
WHEREAS, AS 34.07.440 requires local planning and zoning codes to treat apartments in a
similar manner regardless of whether they are leased by the owners or sold as condominiums; and
WHEREAS, it is in the best interest of the City of Kenai to include a definition of"condominium"
in the definition section of KMC 14.20.320(b).
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION.
OF THE CITY OF KENAI, ALASKA, recommends that KMC 14.20.320(b) be amended by
adding the following definition'
(b) Specific Definitions:
"Condominium" means a common interest ownership dwelling in which:
(A) portions of the real estate are designated for separate ownership; (B) the
remainder of the real estate is designated for common ownership solely by
the owners of those portions; and (C) the undivided interests in the common
elements are vested in the unit owners. In the Land Use Table (KMC
14.22.010), "condominiums" shall be treated as two or more family
dwellings. For example, a four unit condominium building would be treated
as a four family dwelling.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 13th day of April 2005.
CHAIRPERSON
ATTEST:
Suggested By' Administ
CITY OF KENAI
ORDINANCE NO. 2095-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $650 FOR
AN INCREASE IN FEDERAL GRANT FOR WETLANDS PROTECTION.
WHEREAS, the City Kenai U.S. Fish and Wildlife Service grant for wetland
protection in the South Spruce Street area has been increased by $650; and,
WHEREAS, the additional money will provide educational signage for the
project site.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
Spruce Street Wetlands Capital Pro/ect Fund
Increase Estimated Revenues:
Federal Grants
$650
Increase Appropriations:
Construction
$65O
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day
of May 2005.
ATTEST:
PAT PORTER
Carol L. Freas, City Clerk
Approved by Finance: ..
(04/14 / 2005) hl
Introduced:
Adopted:
Effective'
April 20, 2005 May 4, 2005
May 4, 2005
Suggested by: Adrr~
CITY OF KENAI
ORDINANCE NO. 2096-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $2,740,085 IN THE AIRPORT
LAND SYSTEM SPECIAL REVENUE FUND AND THE PARALLEL TAXIWAY CAPITAL
PROJECT FUND.
WHEREAS, the Federal Aviation Administration recommends that commercial airports
have a full length parallel taxiway; and,
WHEREAS, the airport master plan includes this project; and,
WHEREAS, the FAA has included this project in their future funding plan; and,
WHEREAS, prior to actually receiving the grant the project must be designed and put
out to bid; and,
WHEREAS, funds are available in the fund balance of the Airport Land System Special
Revenue Fund; and,
WHEREAS, prehminmy expenditures are grant eligible when the FAA issues a grant
for the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows'
Aimort Land Special Revenue Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$2,740,085
Increase Appropriations:
M&O -Transfer to Capital Projects
$2,740,085
Parallel Taxiway Capital Proiect Fund
Increase Estimated Revenues:
Transfer from Special Revenue Fund
$2,740,085
Increase Appropriations:
Administration
Construction
Engineering
$ 80,000
2,495,480
164,605
$2:740:085
Ordinance No. 2096-2005
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May,
2005.
ATTEST:
PAT PORTER, MAYO R
Carol L. Freas, City Clerk
Approved by Finance:
(04 / 15 / 2005) jl
Introduced:
Adopted:
Effective:
April 20, 2005 May 4, 2005
May 4, 2005
MEMORANDUM
To'
From:
Date:
Subject:
Linda Snow, City Manager
Larry Semmens, Finance Director
April 27, 2005
Ord. 2096-2005 Parallel Taxiway appropriation
I recommend asking Council to postpone action on this ordinance until the
May 18 council meeting.
The FAA requested that our grant application be submitted after receiving
bids, so we are still in the process of submitting the grant paperwork. We
expect that we will have a grant from the FAA prior to the mid-month
council meeting. We received the bids on the project yesterday and it
appears that the cost will be less than anticipated.
I am expecting the FAA to write the grant for 95% of project cost. The State
should contribute another 2~5%, leaving 2.5% to be funded from the Airport
Special Revenue Fund. The source of the FAA grant is Airport
Improvement Project (AIP) entitlement funding. It will likely be a multiyear
grant; however, the project is expected to be completed in less than one year.
This means that we may need to appropriate money from the Airport Special
Revenue Fund to provide cash for the project while awaiting reimbursement
from the FAA.
Suggested by:
Adminio~, ~uon
CITY OF KENAI
RESOLUTION NO. 2005-
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING
SUPPORT FOR BOROUGH ORDINANCE 2005-19; REPEALING KPB S.56.005 AND
ENACTING KPB 2.56.006, ADOPTING THE 2005 KENAI PENINSULA BOROUGH
COMPREHENSIVE PLAN.
WHEREAS, the Kenai Peninsula Borough has undergone a process to update the 1992
KPB Comprehensive Plan; and,
WHEREAS, the Kenai Peninsula Borough has prepared a final draft 2005 KPB
Comprehensive Plan; and,
WHEREAS, public meetings were held to take comments from residents of the City of
Kenai and surrounding area on October 20, 2003 and October 15, 2004; and,
WHEREAS, the KPB Comprehensive Plan identifies, as an implementing action the
important issue of maintaining communication and coordination with borough cities
regarding information sharing and decisions of mutual interest; and,
WHEREAS, the Kenai Peninsula Borough Assembly will hold a final public hearing on
KPB Ordinance No. 2005-19 on May 17, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that it supports the Borough Assembly's adoption of KPB Ordinance No.
2005-19, adopting the 2005 KPB Comprehensive Plan.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May,
2005.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
clf
Suggested by: Admini:
CITY OF KENAI
RESOLUTION NO. 2005-17
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
LEASE FOR ONE FISH SEASON {MAY 15, 2005 TO SEPTEMBER 30, 2005) OF KENAI
DOCK STATIONS NO. 2 & 3 TO COPPER RIVER SEAFOODS FOR THE SEASONAL
BASE BID OF $38,501 PLUS $0.03/LB. OVER 1,283,367 LBS PLUS $500 PER MONTH
FOR A SPECIAL USE PERMIT FOR THE BOAT STORAGE AREA.
WHEREAS, the City of Kenai received the following two bids for the lease of Dock
Stations No. 2 & 3 on April 27, 2005:
Bidder
R & J Seafood LLC
Boat Storage Area
Per Month
Stations 2/l~ 3
Yearly Base Bid
$31,500
$38,501
$400
Copper River Seafoods $500
WHEREAS, the minimum bid was $23,500 for the Dock Stations and $400/month for
the Boat Storage Area; and,
WHEREAS, Copper River Seafoods has submitted a proposal to lease the dock stations
for $38,501 plus $500 per month for the boat storage area; and,
WHEREAS, the lease includes the dock areas, parking/storage areas, offices, and two
cranes; and,
WHEREAS, the recommendation of the City Administration is to award the lease of
Dock Stations No. 2 & 3 and the Boat Storage Area to Copper River Seafoods; and,
WHEREAS, the Council of the City of Kenai has determined that awarding the 2005
Lease of Dock Stations No. 2 and 3 and the Boat Storage Area to Copper River
Seafoods is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai award a Lease for One Fish Season (May 15, 2005 to
September 30, 2005) of Dock Stations No. 2 & 3 to Copper River Seafoods for the
seasonal base bid of $38,501 plus $0.03/lb. over 1,283,367 lbs. plus $500 per month
for a Special Use Permit for the Boat Storage Area.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May
2005.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance' ~,~7
PAT PORTER, MAYOR
Suggested by:
Adminis ........
CITY OF KENAI
RESOLUTION NO. 2005-18
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE BID TO GRACE PAINTING, INC. FOR KENAI VISITORS CENTER EXTERIOR
PAINTING - 2005 FOR THE TOTAL AMOUNT OF $11,070.
WHEREAS, the following bids were received on April 27, 2005'
BIDDER
Hansen's Painting, Inc.
Grace Painting, Inc.
TOTAL
$18,700
$11,070
WHEREAS, Grace Painting, Inc.'s bid meets the bid specifications; and,
WHEREAS, the recommendation from the City Administration is to award the bid to
Grace Painting, Inc.; and,
WHEREAS, the Council of the City of Kenai has determined that Grace Painting, Inc.'s
bid is a responsible bid and award to this bidder would be in the best interest of the
City; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the bid for Kenai Visitors Center Exterior Painting- 2005 be awarded to
Grace Painting, Inc. for the total amount of $11,070.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May
2005.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
Suggested by' Administ_ .....
CITY OF KENAI
RE~OLUTION NO. 2005-19
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASIC~
TRANSFERRING $25,500 IN THE MULTI-PURPOSE FACILITY CAPITAL
PROJECT FUND FOR THE CEILING INSULATION AND FIRE BARRIER
PROJECT.
WHEREAS, the Multi-purpose Facility Capital Project Fund has sufficient
funds in various accounts to complete the Ceiling Insulation and Fire Barrier
project; and,
WHEREAS, it is necessary to transfer these funds to the Construction account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made'
Multi-Purpose Facility Capital Project Fund
From: Machinery & Equipment
Engineering
$9,500
16,000
$2s,s0o
To: Construction $25,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Fourth day
of May, 2005.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(4/28 / 2005) hi
CITY OF KENAI
Suggested by:
RESOLUTION NO. 2005-20
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE BID TO CHUMLEY'S URETHANE, INC. FOR THE KENAI MPF CEILING
INSULATION & FIRE BARRIER- 2005 FOR THE TOTAL AMOUNT OF $26,789.24.
WHEREAS, the following bid was received on April 27, 2005'
BIDDER
Chumley's Urethane, Inc.
TOTAL
$26,789.24
WHEREAS, Chumley's Urethane, Inc.'s bid meets the bid specifications; and,
WHEREAS, the recommendation from the City Administration is to award the bid to
Chumley's Urethane, Inc.; and,
WHEREAS, the Council of the City of Kenai has determined that Chumley's Urethane,
Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of
the City; and,
WHEREAS, sufficient monies are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the bid for Kenai MPF Ceiling Insulation & Fire Barrier- 2005 be
awarded to Chumley's Urethane, Inc. for the total amount of $26,789.24.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May
2005.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk, . ~
Approved by Finance'
Suggested by:
Uouncll
CITY OF KENAI
RESOLUTION NO. 2005-21
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING
THE DONATION TO THE CITY OF KENAI OF TRACT F, LEO T. OBERTS
SUBDIVISION, BY JAMES A. AND JO ANN ELSON.
WHEREAS, James A. Elson and Jo Ann Elson are the owners of Tract F, Leo T. Oberts
Subdivision; and,
WHEREAS, James A. and Jo Ann Elson have spent many years in Kenai, raising a
family, participating in local politics and being involved in the community; and,
WHEREAS, James A. and Jon Ann Elson wish to give the City of Kenai a lasting gift to
show their appreciation to the community; and,
WHEREAS, Tract F is located adjacent to the Unity Trail and is well located to be a
rest stop for travelers along the trail; and,
WHEREAS, James A. and Jo Ann Elson wish to donate Tract F, Leo T. Oberts
Subdivision, to the City; and,
WHEREAS, James A. Elson and Jo Ann Elson place the following conditions on the
donation' 1) that the property be used for recreational purposes only or ownership
would revert to the Elsons or their rightful heirs; 2) that any park or rest stop carry
the Elson family name and be posted as such; and 3) that the park or rest stop be
developed within three (3) years or ownership of the property would revert to the
Elsons or their rightful heirs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai accepts the generous donation of Tract F, Leo T.
Oberts Subdivision along with the above-referenced conditions as set by James A. and
Jo Ann Elson.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May,
2005.
ATTEST:
Carol L. Freas, City Clerk
PAT PORTER, MAYOR
QUITCLAIM DEED
JAMES A. ELSON AND JO ANN ELSON (GRANTOR), a husband and wife,
whose mailing address is P. O. Box 2788, Kenai, Alaska 99611-2788, for and in
consideration of the sum of ONE DOLLAR ($1.00) and other valuable
consideration, do hereby convey and quitclaim to CITY OF KENAI (GRANTEE),
an Alaska corporation, whose mailing address is 210 Fidalgo Avenue, Kenai,
Alaska, 99611-7794, all of their fight, title and interest, which they have, if any, in
the following described real estate:'
KN0740004 T05N R10W508, Tract F, Leo T. Oberts Subdivision,
Kenai, Alaska, Kenai Recording District, Third Judicial District,
State of Alaska.
e
Subject to existing easements and fights-of-way of record.
e
The property conveyed by this deed shall be used for recreational purposes only and
title to said property shall revert to James A. and Jo Ann Elson or their rightfifl
heirs if the City of Kenai ceases using the property for that purpose.
4~
Any park or rest stop developed by the City of Kenai on the property shall bear the
Elson family name and be posted as such.
Se
If a park or rest stop is not developed on the property within three (3) years of thie
date of this conveyance, title to the property conveyed by this deed shall revert to
James A. and Jo Ann Elson or their rightful heirs.
QUITCLAIM DEED
Page 1 of 3
DATED this
~day of
,2005.
GRANTOR
James A. Elson ~ ':'~' '
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
GRANTOR
Jo Ann Elson i"~ ~'
THIS IS TO CERTIFY that on this day of 2005, JAMES A.
ELSON, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
Notary Public for the State of Alaska.
My Commission Expires'
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
) SS,
)
THIS IS TO CERTIFY that on this____ day of ,2005, JO ANN ELSON,
being personally known to me or having produced satisfactory evidence of identification,
appeared before me and acknowledged the voluntary and authorized execution of the
foregoing instrument.
Notary Public for the State of Alaska.
My Commission Expires:
QUITCLAIM DEED
Page 2 of 3
Approved as to form:
Cary R. Graves
City Attorney
After recording, return to'
Cary R. Graves, Attorney
210 Fidalgo Avenue
Kenai, AK 99611
QUITCLAIM DEED
Page 3 of 3
LtZlJAL~ ~taUonery t'age Iot 2
Carol Freas
From' Cary Graves
Sent: Friday, April 29, 2005 11 '10 AM
To: Carol Freas
Subject' FW: Land Donation
Carol,
Please put this e-mail in the packet with the land donation resolution. Thanks.
Cary
..... Original Message .....
From: Jason A. Elson [mailto:jelson@alaska.net]
Sent: Thursday, April 28, 2005 6:55 AM
To: Cary Graves
Subject: RE: Land Donation
Cary,
I have had my parents review the attached and it all looks good and they said to go ahead and proceed. Thanks for
your help with this.
Jason
..... Original Message .....
From: Cary Graves [mailto:cgraves@ci.kenai.ak.us]
Sent: Tuesday, April 26, 2005 8:26 AM
To: jelson@alaska.net
Subject: Land Donation
Jason,
Attached is a draft resolution and quit claim deed for Tract F. Please let me know if you or
your parents have any questions. My direct line is: 283-8224.
Cary
* WARNING CONFIDENTIAL COMMUNICATION ......
*** *** . **** ** ****** . .
. ** *********** . *** ********* ****** .
THAT ARE LOCATED ON ANY COMPUTERS, SERVERS, STORAGE DEVICES, OR SERVICE AND RETURN ANY
AND ALL PRINTED COPIES VIA THE U.S. POSTAL SERVICE TO:
Cary R. Graves, City Attorney
4/29/2005
Suggested by:
Mayor Porter
CITY OF KENAI
RESOLUTION NO. 2005-22
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE
GOVERNOR'S PROPOSED USE OF THE AMERADA HESS SETTLEMENT EARNINGS TO
IMPROVE THE STATE'S AND COMMUNITIES' TRANSPORTATION SYSTEM AND OTHER
CAPITAL IMPROVEMENTS.
WHEREAS, in 1977, shortly after oil started flowing in the Trans Alaska Pipeline, the state fried
suit against the oil companies that were producing North Slope oil, with the claim the
companies were undervaluing the wellhead price of the state's royalty oil, thus depriving
Alaskans of the full value for their resource; and,
WHEREAS, the lawsuit, called Amerada Hess because that was the first oil company listed in
the complaint, was settled 18 years later before going to trial and under the court settlement
and subsequent legislation, the income from the settlement was specifically excluded from the
annual Permanent Fund dividend calculation; and,
WHEREAS, the proposed legislation leverages the Amerada Hess account's interest earnings to
sell $340 million in bonds to finance much-needed capital projects that will help prepare for
Alaska's future; and,
WHEREAS, under the proposal, these would be self-supporting bonds in which the annual debt
service would be paid from the Amerada Hess account's annual earnings; and,
WHEREAS, the Amerada Hess proposal puts the fund to work for Alaskans, funding important
projects in our state that will improve our day-to-day lives and prepare Alaska for its future;
and,
WHEREAS, state funds available to finance capital infrastructure and to address deferred
maintenance needs have been limited for a number of years; and,
WHEREAS, this funding mechanism will allow construction on transportation projects to begin
considerably faster than if they are funded by federal funds, which add three-to-ten years in
time and increase project costs and will allow the state to fund its priorities instead of the
federal government's as required when using federal funds; and,
WHEREAS, four bills in the Alaska Legislature, HB 187, HB 188, SB 121 and SB 122 propose
this mechanism as a way to pay for these important projects; and,
WHEREAS, the use of the Amerada Hess settlement earnings will put the settlement to work on
behalf of Alaskans and without impacting the Alaska Permanent Fund dividend.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
that it supports the leveraging of the Amerada Hess settlement earnings to fund important
transportation projects and other critically needed infrastructure investments.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Amerada Hess ~ A Way to Pay
The quality of life for Alaska communities is dependent on a vibrant economy, job
opportunities for our young, quality education and access afforded by roads and
improved transportation.
The quality of life for Alaskans is improved when projects in the state's capital budget
are funded.
These projects range in their scope, and include such things as improvements to
existing roads and new roads, maintenance of our already-existing buildings,
community-enhancing projects that make Alaska a great place to live and other
projects identified by communities as important to the lives of the people who live
there.
Four bills in the Alaska Legislature, House Bills 187 and 188 and Senate Bills 121
and 122, propose A W~y to P~y for important capital projects through use of a fund
source referred to as "Amerada Hess."
In 1977, shortly after oil started flowing in the Trans Alaska Pipeline, the state filed
suit against the 15 oil companies that were producing North Slope oil, with the claim
that the companies were undervaluing the wellhead price of the oil, thus depriving
Alaskans of the full value for their resource. This lawsuit- called Amerada Hess
because that was the first oil company listed in the complaint- was settled 18 years
later without going to trial. Under the court settlement and subsequent legislation,
income from the settlement cannot be used to fund dividends.
Today, money from the settlement sits in the Permanent Fund. If passed, the
legislation allows interest earnings from the Amerada Hess account to be used to
leverage the sale of the bonds to finance $340.5 million in much-needed capital
projects.
Under the proposal, the state would issue self-supporting bonds, that is, debt service
on the bonds would be paid from the Amerada Hess account's annual earnings.
The Amerada Hess ~ A Way to Pay proposal puts the fund to work for Alaskans,
funding important projects in our communities that will make our day-to-day lives
better.
We believe that this proposal is the best way to get capital projects funded and to put
this oil settlement money to work for Alaska.
State funds available to finance capital infrastructure and to address deferred
maintenance needs have been limited for a number of years.
This has meant the state has relied on federal funds to pay for transportation
projects, which means following federal rules that delay projects and add costs.
· It is time for Alaska to commit state funds to these projects.
Amerada Hess-- A Way to Pay 1
The Amerada Hess ~ A Way to Pay proposal can provide a significant level of state
funds to meet state priorities.
This funding mechanism for road projects will allow them to begin construction
considerably faster than if funded by federal funds. Ultimately, this means Alaskans
would be able to spend more time with our families and less time in traffic.
* The governor's capital project list includes the following projects for Alaska:
Public building facilities projects and maintenance projects totaling $10 million in the
Department of Administration; energy projects, City of Unalaska boat harbor and
Tongass Coast Aquarium, Inc. totaling $2.4 in the Department of Commerce,
Community and Economic Development; institutions closed-circuit t.v. system
recording, deferred maintenance repairs and renovations, statewide equipment
replacement, community jails Life, Safety and Security renovations and equipment
totaling $11.1 million in the Department of Corrections; deferred maintenance
facilities, Fairbanks infrastructure renewal and replacement upgrades, vessel and
aircraft repair and maintenance, DIDSON Sonar Equipment purchase, Westward
Region Chignik Weir improvements and repairs totaling $1.5 million in the
Department of Fish and Game; governor's house maintenance totaling $100,000 in
the Office of the Governor; crisis treatment facility, Bethel Youth Facility security
improvements, Anchorage Pioneer Home emergency generator replacement, Juneau
Pioneer Home roof replacement, Pioneers Homes deferred maintenance, renovation,
repair and equipment, emergency medical services, ambulances and equipment
statewide~match for Blue Code project, juvenile offender management information
system software upgrade, Alaska Psychiatric Institute automation project, Senior
Centers' deferred maintenance, construction, renovation and equipment, deferred and
accessibility improvements totaling $10.1 million for the Department of Health and
Social Services; Alaska Vocational Technical Center deferred maintenance totaling
$2.5 million in the Department of Labor and Workforce Development; management
information system totaling $1 million in the Department of Law; Anchorage Armory
expansion, Military Youth Academy dining facility renovation and repair, Army Guard
deferred maintenance, renewal and replacement totaling $1.3 million in the
Department of Military and Veterans Affairs; state park emergency repairs, forestry
building repairs to correct fire and life safety deficiencies phase two, forestry area
offices Hazmat storage facilities, state park deferred maintenance, fire suppression
engine and truck replacements, replace forestry trailers at Copper River and Delta,
rehabilitation of Anchor Point campgrounds for private operations, Byers Lake
campground rehabilitation, Nancy Lake campground rehabilitation, Harding Lake
campground rehabilitation totaling $3.5 million for the Department of Natural
Resources; firefighting engines and equipment, statewide facilities maintenance,
electronic fingerprint services-Livescan, aircraft and vessel repair and maintenance,
law enforcement equipment replacement, life bum building at Fairbanks Fire Training
Center, burn panel installation at Juneau Fire Training Center totaling $5.5 million
for the Department of Public Safety.
Amerada Hess ~ A Way to Pay 2
In the Department of Transportation and Public Facilities'
Governor's Transportation Initiative'
· Anchorage Midtown Congestion and Truck Route Improvements
Glenn Highway Corridor
· Kenai Peninsula Kalifornsky Beach Road Rehabilitation
Mat-Su Congestion Improvements
· Richardson Highway passing lanes segments
Fairbanks University Avenue/Geist/Johansen Intersection Improvements
· Cordova Copper River Highway Rehabilitation
· McCarthy Road major maintenance
· Stampede Road improvements MP 0 to 8
· Governor's Transportation Access to Resources Initiative
Richardson Highway Shaw Creek bridge
Elliott Highway Washington Creek bridge replacement for gas pipeline
Fairbanks Richardson Highway Northbound Chena overflow bridge for gas
pipeline
· DeLong Mountain Port Expansion EIS completion
· North Slope Foothills West Road EIS
North Slope Bullen Point EIS
Dalton Highway surfacing upgrades
Industrial Road Program
Airport deferred maintenance
· Highway deferred maintenance
· Facilities deferred maintenance and critical repairs
· Emergency and non-routine repairs
Alaska Marine Highway System vessel and terminal overhaul and rehabilitation
Material stockpiles Dalton Highway, Glenn Highway, Richardson Highway and
Tok cut-off
Harbor deferred maintenance
· Hoonah Harbor deferred maintenance and transfer
Peterburg North Harbor deferred maintenance and transfer
· Statewide airport lease lots development
· Willow maintenance station replacement
· WAN infrastructure upgrade
Statewide federal programs
Federal-Aid aviation state match
· Federal-Aid highway state match
· Congressional earmarks
In addition, strategic land and property acquisitions, system wide minor renewal and
renovation and integrated Science Complex totaling $21.6 million in the University of
Alaska system; Bethel Courthouse totaling $825,000 in the Alaska Court System.
· We support the funding of capital projects through the Am~rada He~ ~ A lt/~y to
Pay proposal that puts this settlement money to work for Alaskans, in ways that will
improve our lives, reduce traffic congestion in major cites, create access to
communities and develop important projects for Alaskans.
Amerada Hess ~ A Way to Pay 3
o
,
,
o
o
10.
ITEM G:
,
ITEM H:
,
ITEM I:
Xe
Ordinance No. 2089-2005 -- Replacin§ KMC 4 to Adopt: 1) the
International Bufldin§ Code, 2003 Edition of the International Code
Council; 2) the International Property Maintenance Code, 2003 Edition of
the International Code Council; 3) the International Mechanical Code,
2003 Edition of the International Code Council; 4) the Uniform Plumbin§
Code, 2003 Edition of the International Association of Plumbin§ and
Mechanical Officials; 5) the National Electrical Code, 2005 Edition of the
National Fire Protection Association; 6) the International Fuel Gas Code,
2003 Edition of the International Code Council; 7) the International
Residential Code, 2003 Edition of the International Code Council; and 8)
the International Existin§ Bufldin§ Code, 2003 Edition of the
International Code Council.
Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003
International Fire Code, First Printing.
Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add
Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus
Operators.
Resolution No. 2005-12 -- Transferring $3,372 in the General Fund for
a New Ice Machine at the Senior Center.
Resolution No. 2005-13 -- Transferring $5,400 in the Airport Terminal
Enterprise Fund for Personnel Services.
Resolution No. 2005-14-- Supporting the Efforts of the Ke- Economic
Development Strate~ (KEDS) by Directing the City Adminis .... Uon to
Appoint a KEDS Steering Committee Member and to Continue its Close
Work With the KEDS Working Group.
Resolution No. 2005-15 -- Awarding a Contract to Kustom Signals Inc.
for a Speed/Message Trailer for the Total Amount of $26,714.
*2005 Liquor License Continuance WITHDRAWAL OF PROTEST
Alaskalanes Bowlin§ Center.
MINUTES
*Regular Meeting of April 6, 2005.
OLD BUSINESS
Discussion -- Lawton Acres
NEW BUSINESS
Bills to be Ratified
,
o
o
6~
,
o
,
10.
11.
ITEM J:
o
2.
3.
4.
5.
6.
7.
ITEM K:
ITEM L:
Approval of Purchase Orders Exceeding $2,500
*Ordinance No. 2092-2005 -- Increasing Estimated Revenues and
Appropriations by $25,000 in the Senior Center Kitchen Capital Project.
*Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include
an Exemption for Certain State Approved Relative Day Care Providers.
*Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a
Definition of "Condominium."
*Ordinance No. 2095-2005 -- Increasing Estimated Revenues and
Appropriations by $650 for an Increase in Federal Grant for Wetlands
Protection.
*Ordinance No. 2096-2005 -- Increasing Estimated Revenues and
Appropriations by $9.,740,085 in the Airport Land System Special
Revenue Fund and the Parallel Taxiway Capital Project Fund.
Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B
{Increase in Fees and Extension of Expiration Dates)
Approval -- Consent to Sublease -- SOAR International Ministries, Inc. to
Peninsula Aircraft Wash Detail Service/Lot 3, Block 1, General Aviation
Apron.
Approval-- Kenai Municipal Airport/Terminal Counter Space Lease
Spaces 34 and 35 -- Grant Aviation.
Approval -- Termination of Kenai Mumcipal Airport Lease/Space 21 -
Fischer and Associates, Inc.
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
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Possible settlement of Schmidt v. City of Kenai, et. al.
ITEM N:
ADJOURNMENT
KENAI CITY COUNCIL- REGULAR MEETING
APRIL :20, ~005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt~' / / www.ci.kenai.ak.us
VICE MAYOR JOE MOORE, PRESIDING
MINUTES
ITEM A:
CALL TO ORDER
Vice Mayor Moore called the meeting to order at approximately 7'00 p.m. in the
Council Chambers in the Kenai City Hall Building.
A- 1. 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'
James N. Buffer, III
Rick Ross
Joe Moore, Vice Mayor
Cliff Massie
Absent was' Pat Porter, Linda Swamer, and Blaine Gilman
A quorum was present.
A-3.
AGENDA APPROVAL
Vice Mayor Moore requested the following changes to the agenda:
ADD TO:
L-l, City Manager Report
· 4/20/05 Patrick S. Fitzgerald project status letter
re: Kenai River Bluff Erosion Study/Project.
· 4/19 / 05 B. Frates email relating to the Arctic
Winter Games time line for upgrades at Kenai
Multipurpose facility.
· 4 / 19 / 05 A. Varner Mid-Month Department Head
report.
MOTION:
Council Member Ross MOVED for approval of the agenda with the additions listed and
Council Member Massie SECONDED the motion. There were no objections. SO
ORDERED.
A-4. CONSENT AGENDA
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 2
MOTION:
Council Member Ross MOVED for approval of the consent agenda as presented and
Council Member Buffer SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B:
SCHEDULED PUBLIC COMMENTS
Kenai Middle School Students -- Kossack Komer Clothing Drive
Melanie Watkins and members of the Kenai Middle School gave a brief presentation
related to the opening of "Kossack Komer" at the school. They explained, Kossack
Korner is a "place where middle school students in need can go to 'shop' for free
clothing." The students encouraged council and audience members to deposit clothing
to drop boxes located at the Kenai Middle School. Anonymity will be assured for
students wanting to take advantage of shopping at the Korner.
Jason Elson-- Donation of Land
Jason Elson~ P.O. Box 2712, Kenai -- Elson reviewed his letter included in the
packet which indicated his parents, James and Joann Elson, have offered to donate
Parcel No. KN0740004 T05N R10W S08 Leo T. Oberts Subdivision, adjacent to the
Unity Trail, to the city for recreational purposes and best used as a rest stop for
travelers along Unity Trail. He noted, stipulations to the donation were also included
in the letter, i.e. the property be used for recreational use only; if it is no longer
required for recreation use, the property will be returned to the Elson's or their heirs;
that any park or rest stop carry their family name and posted as such; and, the
creation and use of the park or rest stop occur within three years or the property will
be returned to the Elson's or their heirs. Elson stated he would need the city's
assistance to prepare the necessary documents needed to go forward w/th the
donation of property.
A brief discussion took place in which council members thanked Elson and his
parents for their generous donation. City Attorney Graves stated he would draft a
resolution for consideration at the May 4, 2005 council meeting to formally accept the
property and a deed incorporating the Elson's conditions of donation, i.e. re-
conveyance, reversionary clauses, etc.
City Manager Snow stated administration would work out the details of the donation
with Elson.
ITEM C:
UNSCHEDULED PUBLIC COMMENTS-- None.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 3
ITEM D:
-- None.
REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCII~
ITEM E:
REPORTS OF KENAI CONVENTION/~ VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COMMERCE
Roy Wells, 410 Lawton Drive, President, Kenai Chamber -- Wells gave a brief
review of upcoming events at the Chamber, including the planning for the Fourth of
July parade; welcoming Grant Aviation to Kenai; and, the expected formal adoption of
the Kenai Economic Development Strategy document at their next board meeting.
Vice Mayor Moore recognized Tim Dillion, General Manager, Arctic Winter Games.
Tim Dillion, 109 North Tinker Lane, General Manager/Arctic Winter Games--
Dillion gave a brief report of activities taking place, including working on acquiring
corporate sponsorships; merchandizing revenue received and offering the merchandise
through their intemet site, at the Kenai Airport, and other local businesses;
addressing issues stated by International Arctic Winter Games; and, mandating to
staff to keep purchases on the Peninsula as much as possible.
ITEM F:
PUBLIC HEARINGS
F-X.
Ordinance No. 2087-2005 -- Amending KMC 23.40.030(/) to Change the
Amount of Leave Time an Employee Who Works the Equivalent of a 56-
Hour Work Week Must Take Per Year From 112 Hours to 80 Hours.
MOTION:
Council Member Ross MOVED for adoption of Ordinance No. 2087-2005 and Council
Member Buffer SECONDED the motion.
F-la.
Substitute Ordinance No. 2087-2005 -- Amending KlVIC 23.40.030(f) to
Change the Amount of Leave Time an Employee Who Works the
Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours
to 84 Hours and Lowering From 80 to 60 Hours Per Week the Amount of
Leave Time That Must be Taken for Employees Working 40 Hours Per
Week.
MOTION TO SUBb~I'ITUTE:
Council Member Ross MOVED to substitute Ordinance No. 2087-2005 (with the copy
Fl-a, Substitute Ordinance No. 2087-2005). Council Member Buffer SECONDED the
motion.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 4
There were no public comments. Vice Mayor Moore requested council's consideration
of postponing action on the ordinance to the May 4, 2005 council meeting as he felt it
warranted a fully council's discussion and action.
MOTION TO POSTPONE:
Council Member Buffer MOVED to continue Ordinance No. 2087-2005 (the substitute)
to May 4, 2005 and Council Member Massie SECONDED the motion. There were no
objections. SO ORDERED.
F-2o
Ordinance No. 2088-2005 -- Amending KMC 23.30.110(b) and (c) to
Change the Automobile Expense Mileage Rate From $.30 Per Mile to the
Standard IRS Mileage Rate and Change the Per Diem Travel Expenses
From $35.00 to $50.00 Per Day.
MOTION:
Council Member Massie MOVED for approve of Ordinance No. 2088-2005 ana
Council Member Buffer SECONDED the motion.
There were no public comments. City Manager Snow was asked if these rate changes
were incorporated into the draft budget and she reported the changes would be
substantially absorbed by the way the draft budget was presented.
VOTE:
Butler Yes Porter Absent Moore Yes
Swamer Absent Massie Yes Ross Yes
Gilman Absent
MOTION PASSED UNANIMOUSLY.
F-3o
Ordinance No. 2089-2005 -- Replacing KMC 4 to Adopt: 1) the
International Building Code, 2003 Edition of the International Code
Council; 2) the International Property Maintenance Code, 2003 Edition of
the International Code Council; 3) the International Mechanical Code,
2003 Edition of the International Code Council; 4) the Uniform Plumbing
Code, 2003 Edition of the International Association of Plumbing and
Mechanical Officials; 5} the National Electrical Code, 2005 Edition of the
National Fire Protection Association; 6} the International Fuel Gas Code,
2003 Edition of the International Code Council; 7) the International
Residential Code, 2003 Edition of the International Code Council; and 8}
the International Existing Building Code, 2003 Edition of the
International Code Council.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 5
MOTION:
Council Member Massie MOVED for approval of Ordinance No. 2089-2005 and
Council Member Ross SECONDED the motion.
There were no public comments. Public Works Manager La Shot reported building
permits issued after the effective date would be required to adhere to the new codes.
Those permits issued prior to the effective date of the ordinance would be required to
adhere to the current codes.
VOTE:
Buffer
Swarner
Gilman
Yes Porter Absent Moore Yes
Absent Massie
Absent
Yes
Ross Yes
MOTION PASSED UNANIMOUSLY.
..
F-4, Ordinance No. 2090-2005 -- Amending KMC 8.05 to Adopt the 2003
International Fire Code, First Printing.
MOTION:
Council Member Buffer MOVED for adoption of Ordinance No. 2090-2005 and Council
Member Ross SECONDED the motion.
There were no public comments. Fire Marshall Baisden explained the "local
amendments" referred to in the body of the ordinance was to add local restrictions the
state code does not include, i.e. placement of fire hydrants, etc. He noted, there were
no major changes to the local amendments though there were minor changes to
definitions {snow obstructions, false alarms, etc.).
VOTE:
Buffer
Swarner
Gilman
Yes ! Porter
Absent Massie
Absent
Absent
Yes
Moore
Ross
Yes
Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 6
F-a,
Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add
Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus
Operators.
MOTION:
Council Member Butler MOVED for adoption of Ordinance No. 2091-2005 and Council
Member Massie SECONDED the motion.
There were no public comments. Vice Mayor Moore requested council's consideration
to postpone action on Ordinance No. 2091-2005 in order for it receiving the full
council's review and action.
MOTION TO TABLE:
Council Member Ross MOVED to table Ordinance No. 2091-2005 to May 4, 2005 and
Council Member Massie SECONDED the motion. There were no objections. SO
ORDERED.
Resolution No. 2005-12 -- Transferring $3,372 in the General Fu:~.d for
a New Ice Machine at the Senior Center.
MOTION:
Council Member Massie MOVED for approval of Resolution No. 2005-12 and Council
Member Buffer SECONDED the motion.
There were public or council comments.
VOTE:
Council Member Ross requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
F-7o
Resolution No. 2005-13 -- Transferring $5,400 in the Airport Terminal
Enterprise Fund for Personnel Services.
MOTION:
Council Member Buffer MOVED to adopt Resolution No. 2005-13 and Council member
Ross SECONDED the motion.
There were no public comments. Snow reported, the need for the transfer existed due
to additional snow removal, plowing and sanding during the winter.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 7
VOTE:
Yes
Butler Porter Absent Moore Ye----~----~
Swarne_~r Absent Massie Yes Ross Yes
Gilman Absent
MOTION PASSED UNANIMOUSLY.
F-8.
Resolution No. 2005-14 -- Supporting the Efforts of the Kenai Economic
Development Strategy (KEDS) by Directing the City Administration to
Appoint a KEDS Steering Committee Member and to Continue its Close
Work With the KEDS Working GrouP.
MOTION:
Council Member Ross MOVED for adoption of Resolution No. 2005-14 and Council
member buffer SECONDED the motion.
There were no public comments. Ross acknowledged the Group's efforts in
formulating the report; council and public's opportunity to review and offer
suggestions for changes, etc.; and the city's intention to continue working with the
Group.
VOTE:
Council Member Buffer requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
Resolution No. 2005-15 -- Awarding a Contract to Kustom Signals Inc.
for a Speed/Message Trailer for the Total Amount of $26,714.
MOTION:
Council Member Massie MOVED for approval of Resolution No. 2005-15 and Council
Member Buffer SECONDED the motion.
There were no public comments.
covered by grant funding.
It was noted, 90% of the cost for the trailer was
VOTE:
Council Member Butler requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 8
F-10.
2005 Liquor License Continuance WITHDRAWAL OF PROTEST
Alaskalanes Bowling Center.
Approved by consent agenda.
ITEM G: MINUTES
Regular Meeting of April 6, 2005 -- Approved by consent agenda.
ITEM H:
OLD BUSINESS
H-Xo
Discussion -- Lawton Acres
Moore suggested the issue be continued to the May 4, 2005 meeting in order for the
full council to be included in the discussion and to hear any comments from the
public. The public was invited to comment, however no public comments were offered.
Council had no objections to continuing the discussion to the May 4 meeting agenda.
BREAK TAKEN:
BACK TO ORDER:
7:40 P.M.
7:51 P.M.
ITEM I:
NEW BUSINESS
I-1. Bills to be Ratified
MOTION:
Council Member Buffer MOVED to ratify the bills and Council Member Massie
SECONDED the motion. There were no objections. SO ORDERED.
I-2o
Approval of Purchase Orders Exceeding $2,500
MOTION:
Council Member Massie MOVED to approving the purchase orders exceeding $2,500
and Council Member Ross SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
F-3o
Ordinance No. 2092-2005 -- Increasing Estimated Revenues and
Appropriations by $25,000 in the Senior Center Kitchen Capital Project.
Introduced by consent agenda.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 9
F-lo
Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include an
Exemption for Certain State Approved Relative Day Care Providers.
Introduced by consent agenda.
F-So
Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a
Definition of "Condominium."
Introduced by consent agenda.
F-~o
Ordinance No. 2095-2005 -- Increasing Estimated Revenues and
Appropriations by $650 for an Increase in Federal Grant for Wetlands
Protection.
Introduced by consent agenda.
F-7o
Ordinance No. 2096-2005 -- Increasing Estimated Revenues and
Appropriations by $2,740,085 in the Airport Land System Special
Revenue Fund and the Parallel Taxiway Capital Project Fund.
Introduced by consent agenda.
F-8o
Approval-- Kenai Golf Course/Amendment to Leases, Parcels A and B
(Increase in Fees and Extension of Expiration Dates}
Snow referred to memoranda included in the packet relating to the amendments to
increase fees at the golf course and to extend the expiration dates of the lease
agreements. She noted, administration recommended approval of the lease
amendments.
MOTION:
Council Member Ross MOVED to approve the lease amendments and Council Member
Massie SECONDED the motion.
Council Member Massie noted the documents did not refer to an increase in the cost
of a season pass as he had understood would be increased. Snow reported,
administration did not receive any information related to increase to season pass fees.
Because it was believed an increase in season pass fees would also require council
approval, Attorney Graves stated he would research the lease and report back to
council on the issue.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 10
Council Member Butler reported his potential conflict of interest as he and Attorney
Rick Baldwin (representing the lessee) are law partners. Attorney Graves suggested, in
order to protect the council, he believed a conflict should be declared and the issue
continued to the next meeting. He noted, this would also allow administration time to
respond to the season pass issue.
MOTION TO CONTINUE:
Council Member Ross MOVED to continue the Golf Course lease amendments to the
May 4, 2005 council meeting and Council Member Massie SECONDED the motion.
There were no objections. SO ORDERED.
I-9.
Approval -- Consent to Sublease -- SOAR International Ministries, Inc. to
Peninsula Aircraft Wash Detail Service/Lot 3, Block 1, General Aviation
Apron.
MOTION:
Snow referred to information included in the packet, noting there was a previous
sublease with Kenai Express for Lot 3, Block 1 GAA, however it had expired. She
added, the sublease would be with Peninsula Aircraft Wash Detail Service, a new
business to the area. Public Works Manager La Shot noted the company would be
using environmentally friendly products and because the washing would be done
outdoors, there were no floor drain, sewer system, or drainage to the Float Plane Basra
concerns.
MOTION:
Council Member Ross MOVED to authorized the sublease to Peninsula Aircraft Wash
Detail Service and Council Member Massie SECONDED the motion. Council Member
Ross requested UNANIMOUS CONSENT. There were no objections. SO ORDERED.
1-10.
Approval-- Kenai Municipal Airport/Terminal Counter Space Lease
Spaces 34 and 35 -- Grant Aviation.
Snow referred to information included in the packet which indicated Grant Aviation
would be conducting scheduled passenger service between Kenai and Anchorage
starting May 15, 2005; a standard lease with a one-year term was being prepared; and
required insurance documentation would be provided by Grant Aviation.
MOTION:
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 11
Council Member Massie MOVED to approve the Terminal Counter Space lease of
spaces 34 and 35 to Grant Aviation and Council Member Buffer SECONDED the
motion.
Council Member Buffer stated his concern Grant Aviation would not request
termination of their lease after the busy summer season. He added, he believed the
city should make it clear to the lessee they would be making a one-year commitment
and he would not entertain terminating the lease early.
VOTE:
Council Member Ross requested UNANIMOUS CONSENT.
SO ORDERED.
There were no objections.
1-11.
Approval-- Termination of Kenai Municipal Airport Lease/Space 21 -
Fischer and Associates, Inc.
Snow referred to a memorandum and letter included in the packet in which Dottie
Fischer of Fischer and Associates, Inc. requested to terminate her lease of Space 21.
She noted, at the time she signed the lease, it was not known Grant Aviation's
commuter service would begin to operate in Kenai. Since she wanted to use the space
to operate her small charter service, she believed the Grant Aviation operation would
create a f'mancial hardship for her business. Snow also noted, Fischer had painted
the area, will repaint the area, and had not yet moved into the space.
Snow also reported the Arctic Winter Games had discussed using Space 21 with the
Airport Manager and the Petry's (Wings Caf~ lessees) for a display area and later, move
other Games materials in there. She explained, ff council approves that use, a request
for proposals would not be necessary.
MOTION:
Council Member Buffer MOVED to accept the request for termination of the lease for
Space 21 to Fischer and Associates, Inc. and Council Member Massie SECONDED the
motion.
Ross asked if the lease would become effective the end of April and asked if the lease
was current through the end of April. Snow stated she was not sure, without
checking, when the Wings lease ended and Fischer's lease was to begin. Ross stated
he would like to have that information available before acting on the termination and
suggested the issue be continued at the May 4, 2005 council meeting.
MOTION:
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 12
Council Member Ross MOVED to continue the action on the Termination of Kenai
Municipal Airport Lease/Space 21 - Fischer and Associates, Inc. and Council Member
Buffer SECONDED the motion. There were no objections. SO ORDERED.
ITEM J:
COMMISSION/COMMITTEE REPORTS
J-lo
Council on Aging -- No report.
J-2. Airport Commission -- Snow reported, at its last meeting, the Airport
Commission recommended the city go ahead with plans to develop the taxi lane access
to Tract A-1 (Tulin application to lease Tract A-1 for development of a hangar), procure
a preliminary design and cost estimate. With the preliminary design and cost
estimate, the information could be provided to FAA and possibly fund the project out
of the terminal access project, then bring that information, including the cost
estimate, to council before proceeding with the work. She added, if there were no
objections from council, that would be how administration would proceed.
It was noted this not the same property as that property Mr. Spizak was interested in
developing.
No objections from council were stated.
J-3o
Harbor Commission -- The April meeting was cancelled.
J-lo
Library Commission -- No report.
J-5. Parks ~ Recreation Commission -- Moore noted, a special meeting was
scheduled for April 21 to further discuss the proposed Section 36 project.
J-6. Planning/h Zoning Commission -- Moore reported the minutes of the
April 13 meeting were included in the packet.
J-7o
J-7a.
Miscellaneous Commissions and Committees
Beautification Committee -- No report.
Alaska Municipal League Report-- No report.
J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the
Arctic Winter Games Host Society applied for $650,000 and $200,000 is to be used for
improvements to the multipurpose facility. Moore asked if they had applied for
another grant through the Department of Transportation for improvements at the
Sports Center. Mr. Dillion {AWG General Manager) stated, from the audience, he
would research the question and report back.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 13
J-7d. Stranded Gas Committee -- Ross reported the next teleconferenced
meeting would be held on April 27. He also noted, he would be attending another
Agrium meeting on April 21.
ITEM K:
REPORT OF THE MAYOR
Ross referred to the draft letter relating to SB 158 (prohibiting the imposition of
municipal sales and use taxes on state construction contracts and certain
subcontracts) which was included in the packet. Ross asked ff the prohibition would
apply to any sales in the city. Attorney Graves stated he would research the bill and
report back because the city would not want any purchases under a contract to be
exempt of sales tax.
ITEM L:
ADMINISTRATION REPORTS
L-1. City Manager -- City Manager Snow reported the following:
* Referred to the project status letter from Mr. Fitzgerald relating to the
Kenai River Bluff Erosion Study, noting the draft reconnaissance report had been
prepared and would be forwarded for the city's review in July, 2005. Snow explained,
she requested Fitzgerald to attend a future council meeting to discuss the issue with
council.
· She received a request for a resolution of support for the Borough
Comprehensive Plan to bring to council for consideration at its May 4 meeting. A copy
of the Plan was distributed to council for review, along with internal review notes.
Council Member Buffer requested a representative from the Borough attend the
council meeting to discuss the Plan with council prior to their consideration of the
resolution.
· Referred to Andy Varner's monthly report which was distributed to
council at the beginning of the meeting.
Department head monthly reports were included in the packet.
· Requested guidance from council related to the Arctic Winter Games
timeline document which was distributed to council at the beginning of the meeting.
She explained, the timeline was provided to Parks & Recreation Director Frates and
she discussed it with Dale Bagley, President of the AWG Host Society. Snow stated,
Bagley indicated to her, the AWG did not have the $200,000 in hand for making
improvements to the multipurpose facility, which had been indicated in the past to be
available for that purpose; a bill is before the Alaska Legislature requesting $650,000;
if the $650,000 is provided by the Legislature and the Governor signs the bill, it will
take several months for the money to become available; the improvements to the
facility will need to be completed by the end of October; and, Bagley requested the
city's consideration of fronting the costs to make the improvements (through a capital
project) and enter into an agreement with the Host Society for reimbursement of the
funds upon completion of the work.
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 14
Snow added, she discussed the situation with City Attorney Graves and added, an
agreement is not a guarantee of reimbursement. She suggested an ordinance be
prepared for council's consideration to appropriate the funds as a forum to discuss the
issue more fully and at the same time, administration could work with the Host
Society to prepare the agreement.
Discussion followed in which Butler stated, unless a specific appropriation could be
assured by the local representative, he believed it too premature for the city to commit
to funding the improvements and added, he did not want to cut a deal on an "if."
Ross suggested going forward with the ordinance, including two public hearings, and
delay consideration of the ordinance until the first meeting in June which would allow
enough time to know what legislature would be taken. At that meeting,
representatives of the AWG and/or the Borough could be available to testify and offer
any documentation they may have to secure the forward funding.
Moore stated his concern the AWG is counting on the Legislature to fund the
$200,000. He agreed with Ross and Snow to bring forward an ordinance to put the
issue on the table, with two public hearings, with representatives available for the
discussion, and copies of the proposed agreement.
Council consensus was to bring forward an appropriation ordinance to forward fund
the project.
Attorney Graves stated his concerns the council be aware an agreement could be
signed and the city could Still not be reimbursed. Ross stated, bringing the ordinance
forward would be a means to bring the discussion forward. He added, bringing the
ordinance forward would not mean any of the council would necessarily vote in favor
of the appropriation as he would not if it meant the city would not be reimbursed.
Tim Dillion~ Arctic Winter Games -- Stated he understood the council's concerns
and he would discuss the issue with the board at its meeting in the morning and fred
a solution. Dillion added, because he would be out of state until May 10, the issue
would be carried by the Board; the Society had received several different grants for
different projects for the Games; and, he understood the $200,000 for the
multipurpose facility improvements was part of the $650,000 received.
Buffer stated his concern the bill working through the Legislature indicating funds to
come to the City of Kenai for the improvements not interfere with other legislative
funding requests made by the City of Kenai.
L-2. Attorney -- Attorney Graves referred to his memorandum included in the
packet regarding the Highland Tank v. Bankers Standard class action suit related to
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 15
CIGNA refusing to pay workers' compensation dividends. The memorandum noted,
the case was settled and the city's award would be $66,293.
L-3,
City Clerk-- No report.
ITEM M: DISCUSSION
M-X.
Citizens-- None.
M-2.
Council-- None.
EXECUTIVE SESSION -- Possible settlement of Schmidt v. City of Kens_i, et. al.
MOTION:
Council Member Ross MOVED to convene in an executive session of the council
concerning matters recognizing attorney/client confidential privilege in the case of
Schmidt versus the City of Kenai and would like the City Attorney, City Manager and
City Clerk to attend. Council Member Buffer SECONDED the motion.
Council Member Massie requested to be excused from the executive session as he
believed he could have a conflict of interest due to his and Ms. Schmidt's involvement
in litigation currently in court. He suggested he possibly should not be involved in her
case.
Attorney Graves stated he was aware of the lawsuit but did not know the details of the
relationship between Massie and Ms. Schmidt and did not want to discuss those
details. He added, the settlement offer would be open until April 21 and the shortage
of counselors would make it difficult to make the deadline of the offer, though he could
seek an extension.
Moore asked the ramifications of a conflict and Graves explained, the ability to waive a
conflict is available with disclosure. He added, council was aware of Mr. Massie being
a plaintiff in a related lawsuit, though related spatially and not directly to this issue.
Graves stated he had no objection to having Massie attending the executive session,
noting it was good Mr. Massie disclosed his potential conflict, however, he believed
council could waive the conflict.
Ross stated he agreed with Graves as did Buffer and Moore.
VOTE:
Buffer
Swarner
Yes Porter Absent Moore Yes
Absent Massie Yes Ross Yes
KENAI CITY COUNCIL MEETING
APRIL 20, 2005
PAGE 16
[Gilman I Absent [
MOTION PASSED UNANIMOUSLY.
EXECUTIVE SESSION:
BACK TO ORDER:
8:44 P.M.
8:55 P.M.
Council Member Ross reported the council met in executive session to discuss the
offer in the case of Schmidt versus Kenai.
MOTION:
Council Member Ross MOVED to accept the settlement offer in Schmidt v. Kenai and
that offer is that Ms. Schmidt's appeal would be dismissed and each side would bear
their own costs and attorney's fees. Council Member Buffer SECONDED the motion.
Buffer asked if the case would be dismissed with prejudice and Council Member Ross
answered yes.
VOTE:
Butler Yes Porter Absent Moore Yes
Swarner Absent Massie Yes Ross Yes
Gilman Absent
MOTION PASSED UNANIMOUSLY.
ITEM N:
ADJOURNMENT
The meeting adjourned at approximately 8'56 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
KENAI CITY COUNCIL
BUDGET WORK SESSION
APRIL 11, 2005
5:30 P.M.
KENAI CITY COUNCIL CHAMBERS
AGENDA
6:30 p.m.
7:15 p.m.
8:00-9:30 p.m.
Health Insurance Saving Overview/Doug Brown
Overview of Draft Budget/Larry Semmens
Begin Review/Discuss General Overview
a. Personnel Changes:
· Fire Department Assistant (Ran§e 7 to Ran§e 8)
· Planmng & Zoning Assistant (Range 7 to Range 8)
· Parks & Recreation Assistant {Range 3 to Range
6 / Summer Months)
· Airport Grounds/Field Maintenance (Increase to Full
Time}
· New Fire Captain Position
b. Cost Of Living Increase/Two Percent (2%)
c. Increase Of Health Premium: Employee/Doubled
KENAI CITY COUNCIL
BUDGET WORK SESSION
APRIL 11, 2005
6:30 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR PAT PORTER, PRESIDING
NOTES
Council present'
Staff present:
L. Swarner, J. Buffer, C. Massie, R. Ross, P. Porter, B. Gilman and J.
Moore
L. Snow, L. Semmens, C. Freas, C. Graves, B. Frates, J. La Shot. E.
Jankowska, T. Bookey, J. Diorec, S. Walden, J. Baisden, C. Kopp, K.
Komelis, R. Craig, G. Sandahl, E. Hicks, R. Feltman, M. Kebschull, N.
Carver, R. Cronkhite
Mayor Porter called the work session to order at 6'30 p.m.
Health Insurance Saving Overview/Doug Brown -- Brown discussed the concept of
health savin§s accounts for employees as an alternative to cope with risin§ health
insurance costs. He noted, the health savin§s accounts ~ive the ability to take a h/F:h
deductible and the employee sets up a savin§s account for depositin§ cap-free funds to be
used for health care needs only.
Brown explained, the funds can be deposited into the account from the employee,
employer or a combination of both. Some initial deposits may need to be made by the City
to the employees accounts because some benefits would be taken away from the employee
in initiating the savings account system. He also noted, the coverage would not change,
depending on what coverage plan is taken; there would be no prescription card as
prescriptions would be paid like any other medical expense; at the end of the year, the
employee would not lose the funds and they would be available for the following year, etc.;
the account belongs to the employee and can be transferred to another employer, and can
be used for COBRA continuation; and, if funds are taken out of the account and used for
something other than health care, there would be severe penalties.
It was also noted, at the age of 65, the account would be like a standard IRA.
Additionally, there would be several deductible options; there are no banks in Alaska that
will handle these types of accounts; and administration will be analyzing and meeting with
employees to discuss the concept and determine what the benefits would be.
Overview of Draft Budget/Larry Semmens -- Finance Director Semmens provided an
overview of the draft budget, providing handouts, and indicating changes from FY 2005
budget, etc. He noted, overall, the revenue had increased slightly from last year.
BREAK TAKEN: 7:55 P.M.
BACK TO ORDER: 8:05 P.M.
Begin Review/Discuss General Overview-- City Manager Snow reviewed the transmittal
letter included in the draft bud§et. It was requested that future transmittal letters include
more information related to projections.
COUNCIL WORK SESSION
APRIL 11, 2005
PAGE 2
Cost Of Living Increase/Two Percent (2%)
It was noted, during last year's council review of the budget, comments were made that
Council would prefer not having a seven percent (7%) increase in COLA at one time and
stated a desire to stay current with the Anchorage CPI. Comments noted were:
The employees would be contributing more for insurance coverage, etc. and a
two percent COLA would help defer some of those costs.
· A two percent increase was too high; a one percent increase would be more
acceptable.
· A qualified 'will support' until after the entire budget is reviewed.
The two percent (2%} COLA increase remains in the budget.
Personnel Changes
· Fire Department Assistant (Range 7 to Range 8) -- Equivalent of approximately
$200 in the budget.
No objection to the Fire Department Assistant range change.
Planning & Zoning Assistant (Range 7 to Range 8) -- Cost would be the same.
No objection to the P/~Z Assistant range change.
Parks & Recreation Assistant (Range 3 to Range 6/Summer Months)
No objection to the P/hR Assistant range change.
Airport Grounds/Field Maintenance (Increase to Full Time) -- It was noted, the
salary would be increased as well as the medical benefits in going to full time, however
there would be a savings in costs because the position would support maintenance, fence
repair, parking lot maintenance, etc.
No objection to the Airport Grounds/Field Maintenance position change from part-
time to full-time.
· New Fire Captain Position -- It was noted, scheduling problems due to increase in
volumes, covering two stations, shift changes, and overtime costs were noted as the
reason for the request. The position salary would be $79,000 with health care and PERS
included. The position would be filled from within and a flrefighter position would be
advertised.
COUNCIL WORK SESSION
APRIL 11, 2005
PAGE 3
Comments of support for the position were noted by two council members and three did
not support the position. One member stated support if the position was an engineer.
Concerns in supporting the position were noted as budgetary.
Increase Of Health Premium: Employee/Doubled
It was noted, employees were informed of the coming increase and invited to comment.
Employees responding stated their thanks in getting a warning of the impending increase.
Other options will be presented by the insurance carrier, one of which would be to
increase deductibles (one of the most favored options by employee comments last yearl.
There were no objections to the recommendation of increasing the health premium.
Other discussion:
Council scheduled two additional budget work sessions, i.e. May 4, 2005
(5'00-7'00 p.m. prior to the council meeting) and Monday, May 9, 2005 (6:30-9:00).
· Council Member Ross requested council be sent a list of any program cuts
made.
· An update on PERS funding.
· Rent will be increased by $50/apartment at Vintage Pointe.
· A suggestion was offered to hire another half-time employee at the airport
and avoid the benefit package, i.e. three days each and have one day with two people
working.
The work session ended at 9:40 p.m.
Notes prepared by:
Carol L. Freas, City Clerk
210 Fidalgo Avenue, Kenai, Alaska 99611-77~0
Telephone: 907-283-7535 /FAX: 907-283-3014
KENAI. ALASKA
MEMORANDUM
To'
From:
Date:
RE:
Mayor Pat Porter and City Councilors
Linda L. Snow, City Manager
April 28, 2005
Lawton Acres Rezoning
Attached is a draft rezoning application for the property known as Lawton Acres to rezone the
property from Conservation to Limited Commercial. Also attached as Attachment A to the
rezoning application is a diagram showing the boundaries of Lawton Acres. If City Council
wishes to start the public process of rezoning the subject property and directs city administration
to proceed by submitting the application to the Planning and Zoning Commission, the following ..
schedule gives you an indication of the timeline involved'
Date
May 5, 2005
. May 18 & 20, 2005
May 25, 2005
June 1, 2005
June 9, 2005
June 15, 2005
July 15, 2005
Action
Application Received by Planning Administrator
Public Hearing Notices Published in the Peninsula Clarion
Public Heating at Planning & Zoning Commission
Introduced at City Council
Appeal period expires at 5:00 p.m.
Public Heating at City Council
If approved, the rezone becomes effective.
KENAI. ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone' 907-283-7535 / FAX' 907-283-3014
1992
REZONING APPLICATION
PETITIONER
ADDRESS
PHONE
LEGAL DESCRIPTION
PRESENT ZONE
PROPOSED ZONE
Linda L. Snow, City Manager, City of Kenai
210 Fidalgo Avenue, Kenai, AK 99611
907-283-7535
Conform to the boundaries shown on Attachment A, called
Lawton Acres.
Conservation
Limited Commercial Zone
Intended Use and/or Reason for Rezoning: To provide for development of the property_.
Section 14.20.270 Amendment ProcedUres governs any amendment to the Kenai Zoning
Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE
BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE
THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS.
Amendments to the Kenai Zoning Code and Official Map may be initiated
by: Kenai City Council; Kenai Planning and Zoning Commission;
Submission of a petition by a majority of the property owners in the area to
be rezoned; or, a petition bearing the signatures of fifty (50) registered
voters within the City of Kenai to amend the ordinance text; or,
submission of a petition as provided by the Home Rule Charter of the City
of Kenai.
,
Amendments to the Official Zoning Map shall be considered only if the
area to be rezoned contains a minimum of one (1) acre (excluding street or
alley right-of-way) unless the amendment enlarges an adjacent district
boundary.
Rezoning Application
Page 2
o
,
A Public Notification and Hearing is required before the issuance of this
permit. A $105.00 non-refundable deposit/advertising and administrative
services fee is required to cover these notification costs. Depending on the
rezone location, an Affidavit of Posting may also be required.
A proposed amendment to the zoning ordinance which is substantially the
same as any other proposed amendment submitted within the previous
nine (9) months and which was not approved shall not be considered.
Petitioner's Signature
CHAIRPERSON
ATTEST
REZONING CHECKLIST:
a. MAP
b. SIGNATURES
c. DEPOSIT/ADVERTISING FEE ($105)
d. APPLICATION FORM OR LETTER
e. AFFIDAVIT OF POSTING
Z
1.1.1
¼ ,gt'69t :I.9V,"[0.00N
202 Lawton Drive
Kenai, Alaska 99611
May 3, 2005
Kenai City Mayor and Council Members
City of Kenai
2 l0 Fidalgo
Kenai, Alaska 99611
Subject: Lawton Acres rezone
Dear Kenai City Mayor and Council Members,
This letter is to notify the council that we are in support of the rezone of Lawton Acres
from Conservation to Limited Commercial.
Thank you,
'Luis and Rosie Mercado
May 3, 2005
Kenai City Mayor and Council Members
City of Kenai
210 Fildago
Kenai, Alaska 99611
Subject: Lawton Acres Rezone
Dear Kenai City Mayor and Council Members,
This letter is top notify the council that I am in support of the rezone of Lawton Acres
from Conservation to Limited Commercial.
KENAL ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
MEMORANDUM
To: Mayor Pat Porter & City Councilors
From. Linda L. Snow, City Manager
Date: April 28, 2005
RE. Kenai Golf Course Amendment to Leases
Attached is proposed Amendment to Lease for Parcel A (front nine holes) and Parcel B (back
nine holes) of the Kenai Golf Course that addresses several issues including an increase in fees
and extension of the expiration dates from December 31 2005 through December 31, 2015 at the
existing annual rate of $5,000 for each parcel. '
Richard Morgan, on behalf of the Morgan Family Limited Partnership, has requested approval of
fee increases as a result of the costs of maintaining, operating and upgrading the Course..Mr.
Morgan has provided the attached schedules of rates and comparable rates, including season
passes, to demonstrate that the Kenai Golf Course will be competitive with other Southcentral
Alaska courses, if the proposed increases are approved. A question arose at the April 20th City
Council meeting as to whether City Council a ·
administration revi ,~,4 ,~..., ..... pproval ~s required for season passes. City
ew,.,~ ,~, ~eases winch clearly state, "Lessee may charge reasonable fees for
other uses during the golf season upon approval of Council." Since there is no exception to this
language, we interpret this language to include season pass fees, even though fee increases for
season passes have neither been requested by the Morgans nor approved by City Council in years
past, including the increase effective January
rates for 9 holes were increased by $1.00, and1' 2005 as shown on the attached. In 2003, the
approval was not requested, it was an oversight on their part that Council
As part of the conversion to allow the City to sell the lots along the golf course, the City agreed
that the next time the golf course leases were amended, certain language required by the State
Division of Parks and Outdoor Recreation and the National Parks Service would be incorporated.
As a result, Paragraph B (3) of the attached draft amendment assigns the responsibility for
posting the signs required by the Land and Water Conservation Fund (LWCF) to the City.
As you know, in 1996 the City of Kenai exercised its option under the leases to use the property
and facilities as part of its winter recreation program. The City's use of these facilities five
months of the year for winter recreation is a longer period of use than the period used for golfing.
Paragraph C of the dra/t amendment makes clear the responsibilities of the parties for use of the
golf course during the winter months by the City for ski trails, and extension of the leases for ten
years at an annual rate of $5,000 for each parcel may be considered an equitable means of
offsetting the City's own use of the premises. In addition, the Kenai Golf Course, while it is a
municipally owned course, was constructed wholly at the expense of Richard I. Morgan
{subsequently assigned to the Morgan Family Limited Partnership).
The Morgan Family Limited Partnership is current in payments to the City and Borough, and the
administration recommends Council approval of the proposed Kenai Golf Course Amendment to
Lease for both parcels A and B.
AMENDMENT TO LEASE
That certain lease between the City of Kenai and RICHARD I. MORGAN, subsequently
assigned to THE MORGAN FAMILY LIMITED PARTNERSHIP, whose address is P.O. Box
1101, Kenai, Alaska 99611, and dated June 7, 1985, recorded at Book 265, Page 720,
encompassing the following property located in the Kenai Recording D/strict, Third Judicial
Distr/ct, State of Alaska and referred to as Parcel A:
Parcel A
The unsubdivided remainder of Government Lots 1 and 2. Located within the N1/2
N1/2 Section 3, T5N, R11W, S.M. containing 71.919 acres, according to Plat No.
97-105. ,
And;
II.
That certain lease between the City of Kenai and RICHARD I. MORGAN, subsequently
assigned to THE MORGAN FAMILY LIMITED PARTNERSHIP, whose address is P.O. Box
1101, Kenai, Alaska 99611, and dated May 28, 1987, recorded at Book 311, Page 134,
encompassing the following property located in the Kenai Recording D/strict, Third Judicial
District, State of Alaska and referred to as Parcel B'
Parcel B
The unsubdivided remainder of Government Lots 3 and 4, located within the N1/2
N1/2 Section 3, T5N, R11W, S.M. containing 47.788 acres, according to Plat
No. 97-105. '
are hereby amended to reflect the following:
A. That pursuant to Article III of such leases, the Kenai City Council has determined that
the green fees as shown on Attachment 1 are approved;
and
B. As part of the conversion to allow the City to sell lots along the golf course, the
following language that is required by the State Division of Parks and Outdoor
Recreation and the National Parks Service is incorporated:
(1)
In order to protect the public interest, the CITY may, at five (5) year
intervals, review the performance of the LESSEE and may terminate the lease if the
terms and the provisions of the grant agreement, including standards of maintenance,
public use, and accessibility are not met.
(2)
The leased area is to be operated by the LESSEE for public outdoor
recreation purposes in compliance with provision of the Land and Water
Conservation Fund Act and implementing guidelines.
(3)
The lease area shall be identified as being publicly owned and operated as
a public outdoor recreation facility in all signs, literature and advertising and that the
LESSEE shall not mislead the public into believing that the area is private. The City
shall have the fight to post signs identifying that facility as being open to the public in
accord with Chapter 675.4 of the Land and Water Conservation Fund Grants Manual.
(4)
All fees charged by the LESSEE to the public must be competitive with
similar private facilities.
AMENDMENT TO LEASE
PAGE 2 OF 5
(5) Compliance with all Civil Rights and accessibility legislation (e.g., Title
VI of Civil Rights Act, Section 504 °fRehabilitation Act, Americans with
Disabilities Act) is required, and that compliance will be indicated by signs posted in
visible public areas, statements in public information brochures, etc.; and
C. Subject to the provisions of paragraph V.E. and during the time period described
therein, LESSEE grants CITY the fight, without charge, to enter upon the premises
and occupy the same for the purposes of establishing and maintaining ski trails and
hosting ski races and like events, together with the fight to use and maintain the
parking lot on the premises. The City agrees to indemnify and hold harmless the
LESSEE, its individual partners, officers, and employees, from and against any and
all claims, demands, suits or actions, brought for or on account of any damage, injury,
loss, or expense, resulting from, or claimed to be resulting from, the City's occupancy
or use of the premises for a ski trail or trails.
D. The leases are hereby amended to extend the expiration dates for additional ten-year
terms to December 31, 2015, at an annual rental rate of $5,000 for each parcel with
all the other terms and conditions to remain the same.
LESSOR:
CITY OF KENAI
AMENDMENT TO LEASE
PAGE 3 OF 5
By:
Linda L. Snow, City Manager
LESSEE:
MORGAN FAMILY LIMITED PARTNERSHIP
Approved as to form:
By:
Name and Title
Cary R. Graves
City Attorney
STATE OF ALASKA
THIRD JUDICIAL DISTR/CT
THIS IS TO CERTIFY that on this~ day of 2005,
, .(Title) of the Morgan
Family Limited Parmership, being personally known to me or having produced satisfactory
evidence of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of 2005, RICHARD I.
MORGAN, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized execution of
the foregoing instrument.
AMENDMENT TO LEASE
PAGE 4 OF 5
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this _day of 2005, L1NDA L.
SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having
produced satisfactory evidence of identification, appeared before me and acknowledged the
voluntary and author/zed execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
Return to:
Baldwin & Butler, LLC
125 N. Willo~-'S-t' ....
AMENDMENT TO LEASE
PAGE 5 OF 5
Attachment 1
OLF 0
0
Rate Card
DALLY GREEN FEES
WEEKDAYS WEEKENDS
Monday-Friclay Saturday. Sunday
(Except Holidays) and Holidays
9 Holes 18 Holes 9 Holes 18 Holes
,
Single (Over 1 9, under 64) $~2.oo $2o.oo $14.oo $24.00
Senior (Ages 65 and Over) sm.0o $~8.0o $72o0 $22.0o
jUnior (Ages 8 thru 1 8) s7.oo $13.oo $800 $15oo
LONG TERM GREEN FEE PASSES
(Above descriptions and restrictions apply)
Regular Pass Good Only for Weekday & Non-Holiday Play
Except Tournaments.
Premium Pass Good for all Season Play Except Tournaments.
i i
REGULAR SEASON PASS PREMIUM
MONTHLY SEASON SEASON
( 1 st tt~ru
30tW31st) M-F M.F S-S
Single $150.00 $400.00
,,,
Senior $~oo.oo $27o.oo s,~ oo
,
Senior Couple $~so.oo $,~o.oo s6oo.oo
Junior s50.00 $125.00 $200.~
Couple' ~2oo.oo T, soo.oo ~o.oo
2. Green fees for Ladies' and Mens' Nights included in all above passes.
i
Effective: Jan. 1,200~' ~"
' ','VILSCN JON~'_:
9hue
Green Fees, Weekdays
.Nine Holes
Adults,
Seniors (over 65)
Juniors (17 and younger)
Eighteen, Holes
Adults
Seniors (over 65)
Juniors (17 and younger)
$12.00
$8.0o
$22.00
$20.00
$ 5.oo
.Green Fees, Weekends & Holidays
Nine Holes
Adults,
Seniors (over 65)
Juniors (17 & younger)
Eighteen .Hole. s
Adults,
Seniors (over 65)
Juniors (17 & younger)
(Add 5% lllll tax to above amounts)
$13.00
$12.00
$ 0.00
$24.00
$22.00
"Goff $aecial$ ,
Fmqu~t _PJa ~r Cardd
Adul~ (10 nine hol~ mun~ - ~..k~:~ onl~ $ I O0.O~
Good for 10 nine hole muncL~ if phyrr tees off prior to
93m on weekdays or prior to 8am on Weekends &
Holidays.
$8S.00
(Plus 5% sales tax)
BRGA Dues - Single Adult = $30.00
Family = $40.001 Single Sr. (65+) = $25.00
Sr. Couple = $35.001Jr's. (17 & younger) Free
- canti, n_,_;ed
$3.50/$§.50 or $7.50
(Ineludln~ 5% sales
Good for (10) $7.50 Baskets
(plu~ 5% safes tax)
Nine holes $12.00
Elghten holes $20~
(plus sq, sales bm,)
FREQUENT CART USERS CARD
Good t'or 10 nine hole rounds, good anytime
includin8 weekdays, weekends, holidays and.
tournaments.
Season Tickets
Siflglc Adult
Double Adult
Family
Sin e Senior
Double Senior
Family (including ap to two grandchildren)
Single J.nior $200.00
(must be 17 )'rs or younger or still attending Hi~k Sdiool)
All of the above rates are plus Sales TIL
(Senior & Juaior rat. are based ou weekday pJay onlyl)
For Cottage & Executive Suite rates, please see
separate rate sheet.
oZ ~o
0 0
C~ o
. KENAI. ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7 / v,,
Telephone. 907-283-7535 /FAX: 907-283-3014
MEMORANDUM
To: Mayor Pat Porter and City Council.~
From: Linda L. Snow, City Manager ~
Date: April 29, 2005
RE: Airport Terminal Lease, Space 21
A request for cancellation of the lease referenced above was submitted to Council for
consideration on the April 20th city council agenda. During the council meeting, a question was
raised regarding the effective date of the lease and whether the lease was current.
The lease of space 21 to Dorothy A. Fischer, Fischer and Associates, Inc. was approved by
Council on April 6th and signed on April 1 lth. The term of the lease began on April 15th and runs ,
through June 30th, 2005. The lease authorized right of entry and occupancy as of April 30th,
and the monthly rental fee is to be paid on or 'before the first ~lay of each month, beginning April
30, 2005. At this writing, the monthly fee has not been paid.
Attached is the letter from Ms. Fischer requesting cancellation of her lease for airport terminal
space 21. On April 13th, according to her letter, Ms. Fischer learned that Grant Aviation was
requesting counter space to operate an airline between Kenai and Anchorage. Her letter further
describes how this event contributed to her request for cancellation of the lease.
Rebecca Cronkhite
Airport Manager
FISCHER AND ASSOCIATES, INC
P. O. BOX 3625. KENAI AK 99611
Phone (907) 283-7810- Fax (907) 283-8084-(800) 545-0844
Emaii' dottie"d'alaskasbesttravel.com
On April 13. 2005, it was brought to my attention by Mr. Bruce McGlasson. of Grant Aviation that Grant
Aviation s~'as requesting counter space to operate an airline between Kenai and Anchorage.
Mr. McGlasson. stated that he planed to begin operation as of I May, 2005 and would be a year round
operation and he indicated that he would be using aircraft with good capacity for passengers.
As a business person it would not make sense to begin my small charter service at the same time a larger
carrier is competing for the same market. In my opinion, it would create f'manciai hardship for both
companies and increase the already high risk of failure.
Since my original intention was to fill seats left vacated by the current Era Aviation schedule and it would
appear that Grant Aviation can satis~ this need to a larger extent than I would be able to. I request that I
be released from my newly sigmed lease for space 21.
I thank the Cit>' of Kenai Council for their consideration in this matter.
Sincerely,
I'
./
Dorothy (Dottie),Fischer
President
Fischer and Associated, Inc
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Suggested by: Admi.~
CITY OF KENAI
ORDINANCE NO. 2097-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAStC~
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $200,000 IN
THE GENERAL FUND AND THE MULTIPURPOSE FACILITY CAPITAL PROJECT
FUND FOR IMPROVEMENTS REQUESTED BY THE ARCTIC WINTER GAMES
HOST SOCIETY.
WHEREAS, the Arctic Winter Games Host Society has requested certain
enhancements be made to the Multipurpose Facility; and,
WHEREAS, the estimated cost of the improvements is $200,000; and,
WHEREAS, the Arctic Winter Games Host Society has pledged to reimburse the
City for these improvements; and,
WHEREAS, funds are available for appropriation in the fund balance of the
General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$200,000
Increase Appropriations'
Transfer to Capital Project Fund
$200,000
Multipurpose Facility Capital Proiect Fund
Increase Estimated Revenues:
Transfer from General Fund
$200,000
Increase Appropriations:
Construction
$200,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(04/27 / 2005) hl
Introduced:
Adopted:
Effective:
May 4, 2005
May 18, 2005
May 18, 2005
Suggested by: Admini.-
CITY OF KENAI
ORDINANCE NO. 2098-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $794
FOR LIBRARY GRANTS.
WHEREAS, the City of Kenai received a grant of $500 from the University of
Washington {National Library of Medicine) to reimburse expenses associated
with the Health Fair 2005; and,
WHEREAS, the City of Kenai received an Interlibrary Cooperation grant (a
Netlender Reimbursement FY2004-FY2005) of $294 for books; and,
WHEREAS, it is in the best interest of the City of Kenai to accept these grants.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows'
General Fund.
Increase Estimated Revenues'
Library Grants
$794
Increase Appropriations:
Library- Books
Advertising
$624
170
$794
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of
May 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(04 / 27 / 2005) hl
Introduced:
Adopted:
Effective:
May 4, 2005
May 18, 2005
May 18, 2005
Suggested by:
Adr....,,o c, CtLll./ll
CITY OF KENAI
ORDINANCE NO. 2099-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE DEFINITION OF "PARKING SPACE, PRIVATE" IN KMC 14.20.320(b) TO
EXCLUDE GARAGES AND TO REQUIRE SUCH PARKING SPACES TO BE AT LEAST
NINE (9) FEET WIDE.
WHEREAS, the definition of "Parking space, private" contained in KMC 14.20.320(b) is
"any automobile parking space not less than one hundred eighty (180) square feet in
area"; and,
WHEREAS, the definition of "Parking space, private" currently includes space in
garages; and,
WHEREAS, including garage space in the definition of "Parking space, private" does
not allow for sufficient off-street private parking; and,
WHEREAS, a parking space covered by the definition of "Parking space, private"
should be at least nine (9) feet wide in addition to being a minimum of one hundred
eighty (180) square feet.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the definition of "Parking space, private" in KMC 14.20.320{b) is
amended as follows:
{b) Specific Definitions:
"Parking space, private" means any automobile parking
space, ..excludin~ garages, not less than nine [9) feet wide
and one hundred eighty {180) square feet in total area.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18t~ day of May
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
(4 / 27/05 sp)
Introduced:
Adopted:
Effective:
May 4, 2005
May 18, 2005
June 18, 2005
KENAI. ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-18
A RESOLUTION OF PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA SUPPORTING PASSAGE OF AN AMENDMENT TO THE DEFINITION OF
"PARKING SPACE, PRIVATE" IN KMC 14.20.320 TO EXCLUDE GARAGES AND TO
REQUIRE SUCH PARKING SPACES TO BE AT LEAST NINE (9) FEET WIDE
WHEREAS, the definition of"Parking space, private" contained in KMC 14.20.320(b) is "any
automobile parking space not less than one hundred eighty (180) square feet in area;"
WHEREAS, the definition of "Parking space, private" currently includes space in garages;
WHEREAS, including garage space in the definition of "Parking space, private" does not allow for
sufficient off-street private parking;
WHEREAS, a parking space covered by the definition of"Parking space, private" should be at
least nine (9) feet wide in addition to being a minimum of one hundred eighty (180) square feet.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the definition of"Parking space, private" in KMC 14.20.320(b) is amended as
follows'
(b) Specific Definitions'
"Parking space, private" means any automobile parking space, excluding garages,
not less than nine (9) feet wide and one hundred eighty (180) square feet in total
area.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 27th day of April, 2005.
CHAIRPERSON:
ATTEST
Suggested by: Admim~u atuon
CITY OF KENAI
ORDINANCE NO. 2100-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.320{b) TO ADD A DEFINITION FOR "LOT COVERAGE."
WHEREAS, KMC 14.20.320(b) contains the definitions for the Kenai Zoning Code; and,
WHEREAS, there is no definition for the term "lot coverage" in KMC 14.20.320(b); and,
WHEREAS, the term "lot coverage" is used in the Development Requirements Table;
and,
WHEREAS, the term "lot coverage" should be defined in order to clarify the
Development Requirements Table.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.320(b) be amended as follows:
(b) Specific Definitions:
"Lot coverage" means that portion of the lot covered by
buildings or structures that require a building permit."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May,
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
(4/27/05 sp)
Introduced:
Adopted:
Effective:
May 4, 2005
May 18, 2005
June 18, 2005
KENAI. ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-17
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA REQUESTING THAT KMC 14.20.320(b) BE AMENDED TO ADD A
DEFINITION FOR "LOT COVERAGE"
WHEREAS, KMC 14.20.320(b) contains the definitions for the Kenai Zoning Code;
WHEREAS, there is no definition for the term "lot coverage" in KMC 14.20.320(b);
WHEREAS, the term "lot coverage" is used in the Development Requirements Table;
WHEREAS, the term "lot coverage" should be defined in order to clarify the Development
Requirements Table.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA, that KMC 14.20.320(b) be amended to include a definition
of "Lot Coverage" as follows:
(b) Specific Definitions:
"Lot coverage" means that portion of the lot covered by buildings or
structures that require a building permit."
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 27th day of ACril, 2005.
CHAIRPERSON:
Suggested by:
Administ
CITY OF KENAI
ORDINANCE NO. 2101-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,500 IN
THE STREET IMPROVEMENT CAPITAL PROJECT FUND FOR A GRANT FROM
U.S. FISH AND WILDLIFE SERVICE FOR CULVERT REPLACEMENT ON BOAT
LAUNCH ROAD.
WHEREAS, the City of Kenai received a grant of $11,500 from U.S. Fish and
Wildlife Service to replace a culvert on Boat Launch Road; and,
WHEREAS, the required 50% match is available in the Street Improvement
Capital Project Fund; and,
WHEREAS, it is in the best interest of the City of Kenai to accept the grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows:
Street Improvement Capital Project Fund
Increase Estimated Revenues:
Federal Grant
$11,500
Increase Appropriations:
Construction
$11,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of
May 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(04/28 / 2005) hl
Introduced:
Adopted:
Effective:
May 4, 2005
May 18, 2005
May 18, 2005
KENAI. ALASKA
210 Fidaigo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX' 907-283-3014
www.ci.kenai.ak.us
Memorandum
Date:
To'
From~
April 29, 2005
Linda L. Snow, City Manager
Kim Howard, Assistant to the City Manager
Lots 1 and I-A, Aleyeska Subdivision Part 3
Consent to Assignment and Release of Leases- Capital Crossing Bank to
David and Sherrie Arbuckle
Attached is a proposed Assignment and Release of Leases from Capital Crossing Bank
(CAPX Realty, LLC) to David and Sheme Arbuckle for the Katmai Motel properties.
The leases state the lessee may not assign the lease or sublease the whole part of the
premises or any part without the written consent of the City.
There are delinquencies outstanding with the Kenai Peninsula Borough in the amount of
$39,808.53 for property taxes. The bank has stated that the delinquencies will be paid at
closing. Also, once the Arbuckles acquire the properties they will need to register with the
Borough for sales tax collection.
The City Attorney has reviewed the documents and has no objections to the assignment.
If Council approves the assignment, the attached Consent to Assignment and Release of
Leases can be executed.
Attachment
Cc'
Capital Crossing Bank
David and Sherrie Arbuckle
/kh
ASSIGNMENT AND RELEASE OF LEASES
This assignment and release is entered into between CAPX Realty, LLC, a Delaware
limited liability company, whose address is 101 Summer Street, Boston, MA 02110 (Assignor)
and DAVID and SHERRIE ARBUCKLE, 3650 Strawberry Road, Anchorage, AK 99502
(Assignees).
Assignor does hereby assign and transfer all of its interest in the leasehold estate as
evidenced by
(1) that certain Lease Agreement with the CITY OF KENAI as Lessor, dated May 5,
1967, at Book 31, Page 20, Kenai Recording District, and coveting the following-described
property:
Lot 1, Aleyeska Subdivision Part 3, according to Plat No. K-1531, Kenai
Recording District, Third Judicial District, State of Alaska
(2) that certain Lease Agreement with the CITY OF KENAI as Lessor, dated March 1,
1968, at Book 31, Page 27, Kenai Recording District, and coveting the following-described
property:
Lot lA, Aleyeska Subdivision Part 3, according to Plat No. K-1561, Kenai
Recording District, Third Judicial District, State of Alaska
(collectively, the "Leases")
to Assignee to have and to hold the same from the date hereof, for and during all of the
remainder yet to come of the term of said Leases. Assignor is hereby released from all rights,
duties and responsibilities under the Leases and relating to the property described herein.
Assignees agrees to comply fully with all the terms and provisions of the Leases, and to
hold the Assignor harmless from any liability arising thereunder.
IN WITNESS WHEREOF, the undersigned approve and consent to the assignment and
release effective the~ day of ,2005.
Assignment of Lease - Page 1 of 3
ASSIGNOR:
CAPX Realty, LLC
By:
Name
Title
ASSIGNEES.
By:
DAVID and SHERRIE ARBUCKLE
STATE OF
COUNTY )
)
)ss
THIS IS TO CERTIFY that on this~ day of ,2005,
(Name), (Title) of CAPX
Realty, LLC, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized execution of
the foregoing instrument on behalf of said limited liability company.
Assignment of Lease- Page 2 of 3
Notary Public for
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of ,2005, DAVID
AND SHERRIE ARBUCKLE, each being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Assignment of Lease - Page 3 of 3
CITY OF KENAI
CONSENT TO ASSIGNMENT AND RRLRASR OF
The Assignment of those certain leases
(1) dated May 5, 1967, at Book 31, Page 20, Kenai Recording District, and
covering the following-described property:
Lot 1, Aleyeska Subdivision Part 3, according to Plat No. K-1531, Kenai
Recording District, Third Judicial District, State of Alaska
And'
(2) dated March 1, 1968, at Book 31, Page 27, Kenai Recording District, and
covering the following-described property:
Lot l-A, Aleyeska Subdivision Part 3, according to Plat No. K-1561, Kenai
Recording District, Third Judicial District, State of Alaska
from CAPX REALTY, LLC, a Delaware limited liability company, whose address is
101 Summer Street, Boston, MA 02110 (Assignor) to DAVID and SHERRIE
ARBUCKLE, whose address is 3650 Strawberry Road, Anchorage, AK 99502
(Assignees), and release of Assignor
is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms
and conditions as contained in the original leases above-described.
This Consent is given by the City of Kenai without waiving any right or
action and does not relieve the Assignee from the condition requiring the City's
approval for any subsequent sublease or assignment.
Dated this day of ,2005.
Consent to Assignment of Lease - Page 1 of 2
CITY OF KENAI
Linda L. Snow
City Manager
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of ,2005, LINDA L.
SNOW, City Manager of the City of Kenai, Alaska, being personally
known to me or having produced satisfactory evidence of identification, appeared
before me and acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires'
Return to:
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Consent to Assignment of Lease- Page 2 of 2
ITEM 1'
ITEM 2:
ITEM 3'
ITEM 4:
ITEM 5'
ao
ITEM 6-
ao
ITEM 7:
a.
ITEM 8:
ITEM 9'
ITEM 10:
a,
ITEM 11:
COUNCIL ON AGING
APRIL 7, 2005
KENAI SENIOR CENTER
7:00 P.M.
AGENDA
CALL TO ORDER/h ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SUMMARY-- March 3, 2005
PERSONS SCHEDULED TO BE HR_A~D
OLD BUSINESS
Discussion -- Kitchen Remodel Project
Discussion -- Assisted Livin§ Update
NEW BUSINESS
Discussion -- Center Survey/Meals & Activities
NTS Meal Requirements (food pyramid, salad bar cost, meal
portions)
Fred Meyer Service Project
Mystery Theater Fundraiser
· Holiday Activities
REPORTS
Council on Aging Chair
Director
Council Liaison
QUESTIONS/h COMMENTS
PERSONS NOT SCHEDULED TO B~
INFORMATION
Council Action Agendas of March 2 and 16, 2005.
ADJOURNMENT
COUNCIL ON AGING
APRIL 7, 2005
KENAI SENIOR CENTER
7:00 P.M.
CHAIR BILL OSBORN~ PRESIDING
MEETING SUMMARY
ITEM 1'
CALL TO ORDER/h ROLL CALL
Chair Osbom called the meeting to order at approximately 7:05 p.m.
confirmed as follows'
Roll was
Members present:
Members absent:
Others Present'
A quorum was present.
J. Hollier, L. Flowers, E. Jones, R. Jurgensen, G.
Kuntzman, B. Osbom, J. Harris, and F. Wilson
D. English
Senior Director Rachael Craig and Council Member Gilman
ITEM 2'
AGENDA APPROVAL
Director Craig explained, the wrong information was forwarded to the City Clerk for
inclusion on the agenda. She noted, agenda changes should be:
Add to-
Item 4, Persons Scheduled to be Heard-- Margie McCord/
Grandparents Support Group
Remove-
Item 5a, Discussion -- Kitchen Remodel Update
Add as-
Item 5b, Discussion -- Kenai Landing
Remove-
Item 6a, Discussion -- Center Survey/Meals & Activities
Add as'
Item (ia, Discussion -- Vintage Pointe -- Rent Increase
MOTION:
Member Harris MOVED to approve the agenda as modified and Member Kuntzman
SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3:
APPROVAL OF MEETING SUMMARY-- March 3, 2005
MOTION:
Member Harris MOVED to approve the meeting summary of March 3, 2005 as
presented and Member Flowers SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 4:
PERSONS SCHEDUL_RD TO ~ H_g'._~r~
Margie McCord-- Grandparents Support Group
McCord explained, a grandparents support group was being formed for those
grandparents raising grandchildren. The group is called "Second Time Around" and
will be a resource and support group for grandparents who feel isolated and need a
connection to others in similar situations. To date, 108 families and 256 children
have been identified to be involved in the program. The group will meet the first
Friday of each month at 12'30 p.m.
ITEM 5.
OLD BUSINESS
Discussion -- Assisted Living Update
It was reported, the Council passed an ordinance to allow the city to donate, lease,
devote or grant real property to qualified non-profit corporations without public sale at
an agreed-upon consideration. Council Member Gilman noted, the ordinance was
passed because the city supports the project.
a-b,
Discussion -- Kenai Landing Update
Steve Hillyer representing Kenai Landing, reported there had been some interest in
retail activity since last summer. During the winter, they had turned a warehouse
into a retail and food court. They hope to be open by the end of May.
ITEM 6- .NEW BUSINESS
Discussion-- Vintage Pointe-- Rent Increase
Director Craig distributed comparison information and noted, the housing rental rates
are below market value and it an increase has been suggested to administration and
council. Discussion followed in which comments included:
· If they are needed to be raised, raise them. It's a great apartment
complex.
* Does the city pay for the electric bolt heaters?
· How much of the rental payments go to the General Fund and how much
stays in the reserve account?
Director Craig will verify the accounting questions with the Finance Director and
report back to the members.
ITEM 7.'_ ,REPORTS
Council on Aging Chair-- No comments.
Director-- No comments.
COUNCIL ON AGING MEETING
APRIL 7, 2005
PAGE 2
7-c. Council Liaison -- Council Member Gilman reported the first budget
work session was scheduled for April 11. He suggested everyone should keep a
positive outlook and noted some economic opportunities coming forward to the area,
i.e. Pebble Mine Project, etc.
ITEM 8:
QUESTIONS/~ COMMENTS
Progress related to the establishment of a gift shop at Kenai Landing was questioned.
It was noted everything is moving forward as planned. A great response has been
received for artistic inventory.
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10:
INFORMATION
10-a.
Council Action Agendas of March 2 and 16, 2005.
ITEM 11:
ADJOURNMENT
The meeting adjourned at approximately 9' 10 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
COUNCIL ON AGING MEETING
APRIL 7, 2005
PAGE 3
KENAI AIRPORT COMMISSION
APRIL 14, 2005
KENAI CITY COUNCIL CHAMBERS
*****6:00 P.M.******
AGENDA
ITEM 1:
ITEM 2:
ITEM 3:
ITEM 4:
ITEM 5:
ITEM 6:
ITEM 7:
ao
ITEM 8:
ITEM 9:
ITEM 10:
a,
b,
ITEM 11:
CALL TO ORDER AND ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SUMMARY -- March 10, 2005
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
Discussion -- Update on Aviation Fuel Costs
NEW BUSINESS
Recommendation -- Taxiway Access to Proposed Tulin Lease
Recommendation -- Airport Vehicle Parking Regulations
REPORT
Commission Chair
Airport Manager
City Council Liaison
COMMISSIONER COMMENTS AND ~U_F~TIONS
PERSONS NOT SCHEDULED TO BE HEARD
INFORMATION ITEMS
Kenai City Council Meeting Action Agendas for March 16 and April 6,
2005.
Updated Commission Membership List
Monthly Passenger Enplanement Activity Report.
ADJOURNMENT
KENAI AIRPORT COMMISSION
APRIL 14, 2005
KENAI CITY COUNCIL CHAMBERS
*****6:00 P.M.******
CHAIR HENRY KNACKSTEDT~ PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER AND ROLL CALL
Chair Knackstedt called the meeting to order at approximately 6'05 p.m.
confirmed as follows:
Roll was
Commissioners present:
Commissioner absent:
Others present:
J. Zirul, J. Bielefeld, H. Knackstedt, E. Mayer, D. Ha_raison
C. Versaw, J. Watkins
Council Member Linda Swarner and Airport Manager
Rebecca Cronkhite
A quorum was present.
ITEM 2:
MOTION:
AGENDA APPROVAL
Commissioner Bielefeld MOVED to approve the agenda as presented and
Commissioner Zirul SECONDED the motion. There were no objections..SO
ORDERED.
ITEM 3:
APPROVAL OF MEETING SUMMARY -- March 10, 2005
MOTION:
Commissioner Bielefeld MOVED to approve the meeting summary of March 10, 2005
and Commissioner Mayer SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5:
OLD BUSINESS
Discussion -- Update on Aviation Fuel Costs
Airport Manager Cronkhite reviewed the memorandum included in the packet and
offered a brief update.
NEW BUSINESS
ITEM 6: ~
Recommendation -- Taxiway Access to Proposed Tulin Lease
Cronkhite reviewed the memorandum included in the packet.
MOTION:
Commissioner Zirul MOVED to recommend Council approve funding to design a
taxiway access to Tract A-1 and Commissioner Bielefeld SECONDED the motion.
There were no objections. SO ORDERED.
Recommendation-- Airport Vehicle Parking Regulations
Cronkhite reviewed parking regulation changes with the members.
followed.
A brief discussion
MOTION:
Commissioner Bielefeld MOVED to recommend Council adopt the proposed parking
regulation changes and Commissioner Zirul SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 7: REPORT
7-a. Commission Chair -- Commissioner Knackstedt reported the Air Fair
had been sectioned for May 21. The next meeting related to the Air Faire would be
held at Soldotna City Hall on April 27 at 5:15 p.m.
7-b. Airport Manager -- Airport Manager Cronkhite reported Grant Aviation
would begin passenger service to and from Anchorage.
7-c. City Council Liaison -- Council Member Swarner reported the council
had begun review of the draft FY2006 bud§et. The next bud§et work session was
scheduled for May 4 from 5-7'00 p.m. Swarner also reported the water/sewer rates
had been increased, effective June 15, 2005.
ITEM 8:
COMMISSIONER COMMENTS AND (~UESTIONS
Zirul noted he believed the pass-through tax had resulted in more aircraft in the
tie-down parking area at the Kenai airport.
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10:
INFORMATION ITEMS
AIRPORT COMMISSION MEETING
APRIL 15, 2005
PAGE 2
10-a.
10-b.
10-¢.
Kenai City Council Meeting Action Agendas for March 16 and April 6,
2005.
Updated Commission Membership List
Monthly Passenger Enplanement Activity Report.
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Haralson MOVED to adjourn and Commissioner Bielefeld SECONDED
the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 6:30 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
Immediately following the business meeting, the Commission participated in a work
session related to the Airport Supplemental Plan.
AIRPORT COMMISSION MEETING
APRIL 15, 2005
PAGE 3
KENAI LIBRARY COMMISSION
KENAI CITY HALL COUNCIL CHAMBERS
APRIL 5, 2005
7:00 P.M.
AGENDA
ITEM 1:
ITEM 2:
ITEM 3:
ITEM 4:
ITEM 5:
ITEM 6:
ao
ITEM 7:
ao
ITEM 8:
ITEM 9:
ITEM 10:
ao
ITEM 11:
CALL TO ORDER/h ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SUMMARY-- March 1, 2005
PERSONS SCHEDULED TO _~R HEA~r~
OLD BUSINESS
NEW BUSINESS
Discussion -- Proposed Library Budget
REPORTS
Director
Commission Chair
Friends of the Library
City Council Liaison
COMMISSIONER COMMENTS/(~UESTION~
PERSONS NOT SCHEDULED TO 8R H~'.ARD
INFORMATION
Kenai City Council Action Agendas of March 2 and 16, 2005.
ADJOURNMENT
KENAI LIBRARY COMMISSION
KENAI CITY HALL COUNCIL CHAMBERS
APRIL 5, 2005
7:00 P.M.
CHAIR EMILY DE FOREST, PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER/k ROLL CALL
Chair DeForest called the meeting to order at approximately 7'02 p.m.
confirmed as follows'
The roll was
Commissioners present:
Commissioners absent:
Others present:
K. Heus, E. DeForest, J. Jenckes, K. Dunn, B. Peters
J. Rodes and C. Brenckle
Council Member Blaine Gilman and Ewa Jankowska,
Library Director
ITEM 2:
AGENDA APPROVAL
MOTION:
Council Member Peters MOVED to approve the agenda as presented and Commissioner
Jenckes SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3'
APPROVAL OF MEETING SUMMARY-- March 1, 2005
MOTION:
Commissioner Dunn MOVED to approve the meeting summary of March 1, 2005 as
presented and Commissioner Peters SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5'
OLD BUSINESS-- None.
ITEM 6'
NEW BUSINESS
Discussion -- Proposed Library Budget
A lengthy discussion took place related to the proposed Library budget which was
included in the draft FY 2005/2006 budget document. Jankowska reviewed needs for
the library in the next budget year.
ITEM 7: REPORTS
Director -- Director Jankowska reported the following:
Distributed statistics and reported on library use.
Reported on the conference she attended in Barrow.
7-b.
Commission Chair-- Chair DeForest noted the following:
Reported on the Alaska Library Association. Conference in Barrow.
·
·
·
·
building.
Friends of the Library-- Member Heus reported the following:
The articles and by-laws were signed and in their final form.
Three applications were received for the vacant board seat.
They are discussion how to assign funds received from the yearly raffle.
They are discussing holding a general Friends meeting and discuss the
7-d. City Council Liaison -- Council Member Gilman reported the following:
* Council would be meeting in a work session on April 1 1 for their first
budget work session.
· He attended an interesting Airport Commission work session related to
the Airport Supplemental Plan. Of particular interest was finding the city has the
ability to lift current restrictions on use of the Airport Land Fund.
ITEM 8:
COMMISSIONER COMMENTS/QUESTIONS
Jenckes -- Stated he was happy to be in attendance as the library is an
important part of the city. He also noted he was attending behavioral safety training at
his work place and discussed the information briefly.
Peters -- Stated he was looking forward to the budget process.
Dunn -- Stated she likes the internet access at the library.
Heus -- Noted the intemet address for an article about library economic impact
(http'//www. ock.org/roi}. She also noted she would be absent from the May meeting.
ITEM 9:
PERSONS NOT SCHEDULED TO BE H_RA~r)-- None.
ITEM 10:
INFORMATION
10-a.
Kenai City Council Action Agendas of March 2 and 16, 2005.
ITEM 11'
,,
ADJOURNMENT
MOTION:
Commissioner Heus MOVED to adjourn and Commissioner Dunn SECONDED the
motion. There were no objections. SO ORDERED.
LIBRARY COMMISSION MEETING
APRIL 5, 2005
PAGE 2
The meeting adjourned at approximately 8'15 p.m.
Meeting Summary prepared by'
Carol L. Freas, City Clerk
LIBRARY COMMISSION MEETING
APRIL 5, 2005
PAGE 3
KENAI PARKS/~ RECREATION COMMISSION
SPECIAL MEETING
APRIL 21, 2005
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1:
CALL TO ORDER & ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
OLD BUSINESS
Discussion -- Section 36/Soccer Field Design and Proposed Use
ITEM 4:
ADJOURNMENT
KENAI PARKS/h RECREATION COMMISSION
SPECIAL MEETING
APRIL 21, 2005
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHAIR PRO TEMPORE, TERESA WERNER-~UADE
MEETING SUMMARY
ITEM 1:
CALL TO ORDER/h ROLL CALL
Chair Pro Tempore Werner-Quade called the meeting to order at approximately 7:17
p.m. Roll was confirmed as follows:
Commissioners present:
Commissioners absent'
Others present:
T. Werner-Quade, D. Sandahl
D. Hultberg, M. Baxter, R. Mills, J. Castimore
Council Member J. Butler and Parks & Recreation Director
B. Frates
There being no quorum, the meeting was closed. A brief work session was held in
which Frates reviewed the information in the packet, including the site plan and use
management guidelines. Frates explained, council wished to dedicate 25 acres toward
the project and not the entire 53.8 acres; a new metes and bounds map was developed;
the site plan did not change except for the boundaries; and, the 200 foot buffer
between the fields and the adjoining residential area remained.
Ben Langham, resident of the adjoining residential area, questioned whether a fence
was being considered to surround the fields and Frates stated it was not part of the
grant. A general discussion took place on trespass issues and how those concerns
could be addressed, including signage near the residential area and the Kenai Spur
Highway. Other discussion focused on fences v. berms, the advantages and
disadvantages of each, and use of trails to prevent trespassing.
It was noted the issue would be included on the Commission's regular meeting agenda
of May 5 and comments could be forwarded to city administration.
ITEM 2:
AGENDA APPROVAL
ITEM 3:
OLD BUSINESS
a,
Discussion -- Section 36/Soccer Field Design and Proposed Use
ITEM 4:
ADJOURNMENT
The work session adjourned at approximately 7:40 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
CITY OF KENAI
"Village with a past-- City with a future.
DATE:
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT COMMITTEES AND
_
COMMISSION~ ~ E C E" ~- ~'
Kr ':AI CLE
Resident of the City of Kenai?
How long? ~ V' //: ~,.
Residence Address C/OC/
Mailing Address
Home Fax No.
Business Fax No.
EMPLOYER:
NAME OF SPOUSE:
~.> ~b~ Home Telephone No.
Business Telephone No
Email Address'
l~ ~;~~ ff~ ~'~ Job Title
/
Current membership in organizations:
Past organizational memberships:
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU W.aNT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
~J
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSHIP?
/
Signature
KENAi, ALASKA
DATE:
NAME: ¢~]¢11'~_- (~arroll
Resident of the City of Kenai? ~ e~
Residence Address 4~"~ ~-~F~[~
Mailing Address
CITY OF KENAI
"Village with a past-- City with a future."
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT COMMITTEES AND
COMMISSIONS
RETURN TO:
KENAI CITY CLERK
210 FIDALGO AVENUE
KEN&I, AK 99611
Home Telephone No.
Business Telephone No ~---~5-'"/
Business Fax No. Email Address' , ear roil ~ rt {a_qtaa, q¢, f
May we include your contact infomation on our web page? ALL ~f not ~, what infomation may we
J- ~ I ......
EMPLO~R: ~¢taw~n ~ Ballet aobTitle 5~ra~ar~
Current membership in organizations:
Past organizational memberships: oi.h._e,.r
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
-~loultt like,
- I~,dc-' n~aj
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSHIP?
.-N~ .% 'm.o -a rt ~i l- ~b-,4kfl-~ ~',h'~- 'fr~h'-;,t'~J ..... .,J J - -'
-- t I ) ' ·
·
CITY OF KENA
"Villagewith a past - City with a fut;
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTM~'-NT ~MMT'r'r~'.~'~ _a .1~_
COMMISIOIq~S' ~EC~"/~
Resident of the City of Kenai?
Residence Address ~-~
How long?
Mailing Address ~ Home Telephone No.
Home Fax No. Business Telephone No
Business Fax N~.-.. Emafl Address:
EMPLOYER: J~/~ C[~vI~,~~ ~ob Tiff,
I -
...
Current membership in organizations: ~[~~ , ~95 ~{.~
· 'Past organizational memberships:
,,
COMMITTEES OR COMMISSIONS IN WlflCH YOU ARE INTE ~' .r~ .
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMI881ON OR COMMI'FI'EE?
WHAT BACKGROUND, EXPERIENCE, OR CREDENT~ DO YOU POSSESS TO BRING TO THE BOARD,
COMMI881ON OR COMMITTEE MEMBERSHIP?
Signature
DATE:
CITY OF KENAI
"Village with a past-- City with a future."
Resident of the City of Kenai? ~/~
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT
COMMISSIONS ~ ~c~ '.___~ ~,
Mailin~ Address
Home
Business F~ No.
-
EMPLO~R:
C~ent m~m~rshi, in orEa~ations: ~~
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSHIP?
ignature
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 27, 2005 - 7:00 p.m.
le
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. *April 13, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
®
PUBLIC HEARINGS:
a. PZ05-13 - An application for an Encroachment Permit for an 11-foot side yard
encroachment for the property known as Lot 5, Ruby's Dazzling Scenic View
Subdivision (1308 Barabara Drive), Kenai, Alaska. Application submitted by Greg &
Cathy Zorbas, 1308 Barabara Drive, Kenai, Alaska.
b. PZ05-17 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska requesting that KMC 14.20.320(b) be amended to add a definition for "lot
coverage."
c. PZ05-18 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska supporting passage of an amendment to the definition of "parking space, private"
in KMC 14.20.320 to exclude garages and to require such parking spaces be at least nine
(9) feet wide.
d. PZ05-19- An application for a Conditional Use Permit to operate a seasonal coffee kiosk
for the property located at 4905 Silver Salmon Drive (KN T05N R1 OW S07 PTN N1/2
NE1/4 & GLS 1 & 9 & SE1/4 NE1/4 LYING WEST OF SPUR HWY & EAST OF
KENAI RIVER & N&W OF SILVER SALMON RD EXCLUDING ILIAMNA VIEW
SUB & OBERTS PILLARS SUB ADDN ONE & OBERTS PILLARS SUB PART TWO
& THAT PARCEL DESCRIBED), Kenai, Alaska. Application submitted by Leslie Hall
dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska.
6. OLD BUSINESS:
e
NEW BUSINESS:
a. *PZ05-20 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 3, Block 2 Deepwood Park Subdivision Amended (106 Wooded Glen
Court), Kenai, Alaska. Application submitted by Tanya Erwin, 106 Wooded Glen Court,
Kenai, Alaska.
ge
PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought
back by Administration.)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. "Zoning Bulletin"- March 25, 2005
b. State of Alaska ACMP Review- Kenai River Mile 3.5, Mooring Buoy (Gillies)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING ~k ZONING COMMISSION
CITY COUNCIL CHAMBERS
APRIL 27, 2005 - 7:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MINUTES
ITEM 1:
CALL TO ORDER
Chairman Hammelman called the meeting to order at 7:00 p.m.
1-a. Roll Call
Members Present: N. Amen, J. Barrett, C. Glick, J. Hammelman, P. Bryson, J. Twa_it,
B. Eldridge
Others Present: City Planner Kebschull and Contract Secretary B. Roper
1-b. Agenda Approval
Chair Hammelman requested the following items be added'
ADD TO:
Item SA, Aerie Photo
Item 12C, KEDS Work Plan
Item 12D, Kenai Municipal Airport Supplemental Planning
Assessment Meeting Schedule
MOTION:
Commissioner Glick MOVED to approve the agenda adding the lay down items
provided before the meeting and requested UNANIMOUS CONSENT. Commissioner
Eldridge SECONDED the motion. There were no objections. $O ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Eldridge MOVED to approve the consent agenda and requested
UN~~OUS CONSENT and Commissioner Amen SECONDED the motion. There
were no objections. $O ORDERED.
ITEM 2:
APPROVAL OF MINUTF~ -- April 13, 2005
Approved by consent agenda.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4.
CONSIDERATION OF PLATS -- None.
ITEM 5:
PUBLIC HEARINGS
PZ05-13 - An application for an Encroachment Permit for an 11-foot side
yard encroachment for the property known as Lot 5, Ruby's Dazzling
Scenic View Subdivision {1308 Barabara Drive), Kenai, Alaska.
Application submitted by Greg & Cathy Zorbas, 1308 Barabara Drive,
Kenai, Alaska.
Kebschu11 noted the following:
· This was an application for an 11-foot side lot encroachment and noted
the comments included in the packet provided a history of the issue.
· The encroachment was discovered last August by the Building Official
and the property owner was notified that he needed to apply for a building permit.
· When the application and the as-built were received, the encroachment
was apparent and an updated as-built was required.
· In October, after receiving the updated as-built, it was realized the
structure was built in the easement and in such instances code does not allow
processing the application.
was granted in February and the encroachment application process began.
· Staff believes, if this application was applied for as a variance, it would
not have met the criteria and recommended the application be denied.
If the Commission decides to approve the application, there were other
issues needing to be considered to include the property owner applying for a building
permit for the carport.
· Additionally, a shed on the lot was built without a building permit and it
is crossing a lot line.
· Staff recommended the encroachment permit not be granted until the
shed is removed and the building permit is obtained.
Chairman Hammelman opened the public hearing.
Greg Zorbas, 1308 Barabara Drive, Kenai, Alaska -- Mr. Zorbas noted the following:
· He didn't begin the process with the adage of "build it first and then ask
for forgiveness."
· Stressed he didn't believe the structures required a building permit.
· Provided a drawing depicting his property on an erasable board and
noted it was not to scale.
· Indicated his neighbor had no problem with the encroachment and also
noted there were no written objections issued.
Stated he didn't know who set the parameters for lot sizes, but the lots in
his subdivision are 100-feet wide and noted the reason for this was the person who
had the section of land was able to get more money with eight one-acre lots.
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
PAGE 2
· Stated the rural residential zone does not match with the subdivision
especially if 15-feet is taken away for setbacks; that would only give him 70 feet to
work with.
· His house is 50-feet wide so he can't legally put a 12 x 12 shed next to
his house because it would encroach into the setback.
· Noted staff recommended the carport be put out by Barabara and
pointed out on his drawing where his driveway and septic were located, stating the
carport would have to go all the way out fronting Barabara. He expressed concern
with his carport being close to Barabara because of a theft of his truck.
Showed and explained photographs of his property (Note: the
photographs were not left as part of the record) and stated he believed he maintained
the integrity of the neighborhood and made every effort when building his house.
· He pointed out the areas where he kept trees on his property and
indicated he removed three trees to put up his carport, addung if it were to be
relocated to front Barabara, he would be forced to remove 20 or 30 trees off his lot.
His property looks good, it doesn't bother his neighbors, and he believes
the carport is better than a fence which would be very intrusive and non-rural.
Commissioner Bryson asked if the structure was an open carport and if it was Mr.
Zorbas' intent to maintain it as such with no wall construction. Mr. Zorbas replied
that it was.
Commissioner Barrett, reviewing the aerial photograph, asked if looking toward the
house from the road if the white building was his neighbor. Mr. Zorbas confwrned that
it was.
Bryson asked that no other structure construction be permitted on the side setback
unless it conformed to the zoning, adding the setback itself is not proposed to be
eliminated so it would still exist. Zorbas stated, he believed his home is skewed the
wrong way; noting the lots run on a diagonal and when the house was built it was
supposed to be set the same way, however he just noticed the house sits as he had
drawn it on the board. Zorbas added, he believed only one comer of the shed is
encroaching, not the five feet noted. Zorbas stated he would move the shed ff
necessary, but he would need both the shed and carport in the 15-foot setback
because there is no other room. Zorbas expressed his desire to not spend anymore
funds to go through this process again.
Public hearing was closed.
MOTION:
Commissioner Glick MOVED to approve PZ05-13 including the three items
recommended by staff. Commission Eldridge SECONDED the motion.
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
PAGE 3
Bryson stated, conceptually he supports the proposal concerning the carport if it
remains an open structure, but he was less comfortable w/th the shed, adding because
it is portable, it could be relocated.
Eldridge noted the lots are very small and from the .aerie photo, the structure was
right on the property line and not on top of another house or structure. Commissioner
Amen asked what the square footage was on the shed and Kebschull replied, 20 sq.
feet. Amen stated the owner had to know the size of the property when he purchased
it.
Bryson offered a motion to amend to remove the shed and requiring it to be relocated
to a conforming area, however when it was noted that requirement was included in the
mare motion, he withdrew his motion.
Kebschull noted for the record Bryson's concern about adding on to the carport and
the application was for a permit for an 11-foot encroachment, which would not limit
Zorbas from enclosing the structure unless there is an amendment to say the
structure must remain a carport.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the main motion to require that no additional
construction be performed on the carport that would modify it to a walled structure.
Commissioner Glick SECONDED the motion.
VOTE ON MOTION TO AMEND:
Amen Yes
Hammelman Yes
Eldrid§e
No
IBarrett
Bryson
Yes
Yes
Glick
Twait
Yes
Yes
MOTION PASSED.
Amen asked how difficult it would be to monitor and enforce as the years go by.
Bryson acknowledged the adjacent property owner had not responded negatively in
writing to the proposal.
VOTE ON MAIN AMENDED MOTION:
Amen No Barrett Yes Glick Yes
Hammelman Yes Yes Twait Yes
Eldrid§e No
MOTION PASSED.
Bryson
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
PAGE 4
Hammelman explained the 15-day appeal process.
a-b.
PZ05-17 -- A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska requesting that KMC 14.20.320(b) be amended to
add a definition for "lot coverage."
Kebschull explained the proposed resolution would clean up the code by defining lot
coverage in the Development Requirements Table.
Chairman Hammelman opened the public hearing. There being no comments, the
public hearing was closed.
MOTION:
Commissioner Eldridge MOVED to approve PZ05-17 and Commissioner Bryson
SECONDED the motion.
Amen asked if a non-permanent structure would be an 8 x 12 storage shed. It was
confirmed that was correct. Amen asked if this would allow one to install ten of the
sheds on their property and Kebschull replied it would. Hammelman asked if there
was a limit on the number of structures and Kebschull responded, all of the sections
of the code that determine lot coverage would be considered. Kebschull added, the
120 sq. ft. is referred to in the code.
VOTE:
Amen Yes
Hammelman Yes
Eldridge
Yes
Barrett Yes Glick Yes
Bryson Yes Twa_it Yes
MOTION PASSED UNANIMOUSLY.
PZ05-18 -- A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska supporting passage of an amendment to the
definition of "parking space, private" in KMC 14.20.320 to exclude
garages and to require such parking spaces be at least nine (9) feet wide.
Kebschull explained, the proposed amendment to the code would further define what a
private parking space is and to exclude using garages as part of the two required
parking spaces for residential homes. Kebschull noted the resolution also included
the Commission's recommendation the spaces be nine feet wide.
Hammelman opened the public hearing. There being no comments, the public hearing
was closed.
-.
._
'.
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
-.. PAGE 5
Eldridge noted there were several public places that may not meet the new definition
and Kebschull responded, the new requirement would come into play if a use changed
or for new construction.
VOTE:
Amen Yes
Hammelman Yes
Yes
Eldridge
Barrett Yes Glick Yes
Bryson Yes Twait Yes
MOTION PASSED UNANIMOUSLY.
5-d.
PZ05-19 -- An application for a Conditional Use Permit to operate a
seasonal coffee kiosk for the property located at 4905 Silver Salmon
Drive (KN T05N R10W S07 PTN N1/2 NE1/4 & GLS 1 & 9 & SE1/4
NE 1/4 LYING WEST OF SPUR HWY & EAST OF KENAI RIVER & N&W
OF SILVER SALMON RD EXCLUDING ILIAMNA VIEW SUB & OBERTS
PILLARS SUB ADDN ONE & OBERTS PILLARS SUB PART TWO & THAT
PARCEL DESCRIBED), Kenai, Alaska. Application submitted by Leslie
Hall dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska.
Kebschull explained the application and noted staff recommended approval.
Hammelman opened the public hearing.
Leslie Hall, dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska -- Ms. Hall
explained the kiosk would be located on her son's property and §ave an overview of
her business plan. Hall noted the business would be seasonal.
There were no further comments, and the public hearing was closed.
Bryson asked if a dumpster could be located in the area rather than hauling trash
every day and Hall replied, the decision to not put a dumpster in was because anglers
would be tempted to put their fish waste in them, which would be more attractive to
bears, etc.
MOTION:
Commissioner Eldridge MOVED to approve PZ05-19 including staff recommendations
items 1 through 4 and Commissioner Amen SECONDED the motion.
Bryson noted the location was ideal for such a business. Amen asked what happened
to the conditional use permit when the business ceases and Kebschull explained, the
permit would be revoked if business ceased for 12 consecutive months.
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
PAGE 6
VOTE:
Amen Yes
Hammehnan Yes
Yes
Eldridge
Barrett Yes Glick Yes
Bryson Yes Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6:
OLD BUSINESS-- None.
ITEM 7: NEW BUSINESS
,,
*PZ05-20 - An application for a Home Occupation Permit for a daycare
for the property known as Lot 3, Block 2 Deepwood Park Subdivision
Amended (106 Wooded Glen Court), Kenai, Alaska. Application
submitted by Tanya Erwin, 106 Wooded Glen Court, Kenai, Alaska.
Approved by consent agenda.
ITEM 8'
PENDING ITEMS
PZ05-16 -- An application to rezone the area known as Tract C,
Daubenspeck Property Subdivision, (170 Bridge Access Road), from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning & Zoning Commission, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska. {Tabled until brought back by
Administration.)
Kebschull stated the Airport Commission had several meetings planned, and it was
doubt~l there would be any input from them until late summer.
Eldridge referred to the KEDS Work Plan he provided prior to the meeting and
suggested a work session be scheduled to review it as well as the Airport Commission
plans.
ITEM 9:
CODE ENFORCEMENT-- None.
,
ITEM 10: REPORTS
10-a.
City Council -- No report.
10-b. Borough Planning-- Commissioner Bryson provided a report on actions
taken at the April 25, 2005 Borough Planning meeting which was held in Homer.
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
PAGE 7
10-c. Administration-- Kebschull reported the following:
· She reviewed the Borough's Comprehensive Plan for the City and noted
the section on erosion did not include the City of Kenai's bluff erosion problem.
Reminded the Commission the aerial drawings are shifted with parcel
lines and can only be used as a general tool. She reiterated, the drawings were not at
all specific and noted the dwelling next to the Zorbas lot is almost centered in their lot,
not close to the property line as the drawing depicts. Kebschull asked the
Commission to keep that in mind when reviewing the aerials.
· Referring to PZ05-13, noted the lots are long and thin, however, that lot
meets and exceeds the minimum lot size in a rural residential zone and if 90-feet is
not wide enough, then perhaps it should be changed.
· The last airport meeting was not a typical meeting but the future
meetings should be more informative. It was noted the next meeting is scheduled for
May 12 at 6:00 p.m.
ITEM 11'
PERSONS PRE~ENT NOT SCHEDULED -- None.
ITEM 12.
INFORMATION ITEMS
12-a.
12-b.
"Zoning Bulletin"- March 25, 2005
State of Alaska ACMP Review- Kenai River Mile 3.5, Mooring Buoy
{Gillies
ITEM 13:
COMMISSION COMMENTS tis QUESTIONS
Commissionner Eldridge stated the KED's Work Plan provided is the final draft and it
had been presented to City Council. Eldridge suggested the Commission schedule a
work session after the May 25th regular meeting. Kebschull reported she would not
be present at that meeting and there would be a temporary clerk attending, and
suggested another date would better. Eldridge suggested the first meeting in May and
Kebschull advised no action by the Commission should be taken on the KEDS Work
Plan until it was approved or accepted by City Council. Hammelman requested the
item be put on the agenda for the June 8th meeting to be discussed at that time.
Kebschull asked if the Commission would check their schedules to determine if there
would be a quorum for the May 25th meeting. She added, if there would not be, there
would be time to request the meeting be cancelled.
ITEM 14:
ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
PAGE 8
The meeting adjourned at approximately 8:00 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
APRIL 27, 2005
PAGE 9
April 21, 2005
Senator Tom Wagoner
State of Alaska
Capitol Building, Room 427
Juneau, AK 99801-1182
RE:
SENATE BILL 158 -- PROHIBITING THE IMPOSITION OF MUMCIP~ SALES
USE TAXES ON STATE CONSTRUCTION CONTRACTS AND CERTAIN
SUBCONTRACTS
Dear Senator Wagoner:
As you are aware, SB 158 would prohibit the imposition of municipal sales and use tax on a
construction contract awarded by the State of Alaska or a state agency, or on a subcontract
awarded in connection with the project funded under the construction contract.
Because the State of Alaska pays no property tax in municipalities and with the loss of revenue
sharing, safe communities money, increased fuel, benefit and insurance costs, how a city
implements its sales tax ordinances should be determined by the municipal government and
the people in that area. SB 158 would diminish the existing statutory authority of local
governments.
dditionally,the is also concerned the bill not be collection of sales
City
interpreted
to
prohibit
axes on items a contractor buys locally for use in a state construction project. We are
concerned a contractor might interpret the bill to mean they need not pay sales tax at, for
xample, Home Depot or SBS for purchases made by them for materials on a project. We do
ot feel that is the intent of the bill.
The Kenai City Council encourages you to value our above-stated concerns when considering
your vote on SB 158.
If you have any questions, please contact me at 283-8231 or City Manager Linda Snow at 283-
8222.
CITY OF KENAI
Pat Porter
Mayor
PP/clf
Cc:
Representative Mike Chenault
Representative Kurt Olson
Representative Paul Seaton
Senator Gary Stevens
24-LSO402~F
SENATE BILL NO. 158
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-FOURTH LEGISLATURE- FIRST SESSION
BY SENATOR HUGGINS
Introduced: 4/1/05
Referred: Community and Regional Affairs, Finance
10
11
12
13
14
A BILL
FOR AN ACT ENTITLED
"An Act prohibiting the imposition of municipal sales and use taxes on state
construction contracts and certain subcontracts; and providing for an effective date."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1. AS 29.10.200(51) is amended to read:
(51) AS 29.45.650(c), (d), (e), (f), (i), [AND] (j)~ and (k) (sales and
use tax);
* Sec. 2. AS 29.10.200(52) is amended to read:
(52) AS 29.45.700(d)~ [AND] (e), and (1~) (sales and use tax);
* See. 3. AS 29.45.650 is amended by adding a new subsection to read'
(k) A borough may not levy or collect a sales or use tax on a construction
contract awarded by the state or a state agency, or on a subcontract awarded in
connection with the project funded under the construction contract. This subsection
applies to home rule and general law municipalities.
* Sec. 4. AS 29.45.700 is amended by adding a new subsection to read:
SB0158A -1- SB 158
New Tex~ Under2J. ned [DELETED TEXT BP~CKETED]
24-LS0402~F
(g) A city may not levy or collect a sales or use tax on a construction contract
awarded by the state or a state agency, or on a subcontract awarded in connection with
the project funded under the construction contract. This subsection applies to home
rule and general law cities.
* Sec. 5. This Act takes effect immediately under AS 01.10.070(c).
SB 158 -2- SB0158A
New Tex~ Underlined [DELETED TEXT BRACKETED]
R'EPOR '"
OF KEY ECONOMIC INDICATORS
Fo~'. Fisc.x! Qaa.rte~' Ending De, ce~--'=:`a,.r, 2004
?t2:t:s/'...e3 l¢~:.:cl; 2005
oale Bagi~.y
Borough Mayo~'
Compi!~d and Produced B3'
Jeanne Camp, Economic Analyst
43335 Kalifomsky Beach Road. Suit.~ i6
Soldotna, Alaska 99669-7599
Phoae - 907-714-23~6
Community &Eccnomic Dex elopmen, Division
Jack Brown, Business Ma_nager
See this docmeut on the
_
Under CommuniB',m~conomi: Dz,.:eloFmcm
New residential values increased 1.3% and residential alteration/addition increased value
26.3% for the year. New commercial values gamed 254.5% but commercial
alteration/addition total value was down 6.4%. (See detail on page 32.)
By Area, Volume. There were 312 permits issued for construction projects in KPB cities
during 2004. Homer issued 108 permits, 34.6% of the total, increasing 25.6% over 2003.
Kenai's 79 permits provided 25.3% of the KPB total and marked a 30.7% decrease from one
year ago. Soldoma's 67 permits were 21.5% of the KPB total, and was 9.5% less than last
year. Seward, with 54 permits, gamed 8.0% over last year while Seldovia issued 4 permits,
down 66.7% from last year. (See detail on page 31.)-
By Type, Volume. New residential activity declined 9.6%, to 94, with ten fewer permits
than last year's 104 permits. Ninety-six residential alteration/addition permits were issued,
2.1% more than 2003. Commercial alteration/addition annual activity for 2004 decreased
16.7% as 80 permits were issued. New commercial activity was stable at 42 permits during
both 2003 and 2004. (See detail on page 32.)
EMPLOYMENT
KPB's December 2004 labor force had 20,803 persons who were ready and willing to work,
whether or not they were employed, the largest on record. The average monthly labor force'
for 2004 was 22,667 persons.
There were 2,465 persons listed as unemployed in the KPB during December, 393 fewer than
2003. The highest December unemployment total occurred during 1996 when 3,524 persons
were ready and willing but unable to find employment. The 1995 total was not far behind,
when 3,523 persons were unemployed. The 2004 average monthly unemployment was 2,456.
KPB's December unemploymem rate reached 11.8%, two percentage points below last year.
The average monthly unemployment rate for 2004 was 10.9%, down from 12.3% in 2003.
December 2004 employment in the KPB was 18,338 persons, an increase of 559 over 2003.
The annual monthly average was 20,211, a new record high. (See detail on pages 37-41)
POPULATION
Population estimates for 2004 show the Kenai Peninsula population at 50,980 persons, an
0.8% loss for the year. Homer population was down 9.1% to 5,332 while Kachemak City lost
0.6% to a total of 475 persons. Soldoma also decreased, losing 5.6% to 3,767 residents.
Kenai decreased 4.4% to 6,809 and Seldovia city lost 5.7% with 263 persons. Seward's
population is down 7.5% to 2,540. Alaska's population, estimated at 648,818 for 2003, also
marked a 0.1% increase for the year. (See page 42 for detail.)
Kenai Pen_ m~fla Borough Page 10 December 2004
Anchor Point
Bear Creek
Beluga
Clam Gulch
Cohoe
Cooper Landing
Crown Point
Diamond, Ridge*
Fox River
Fritz Creek
Funny Rive~
Halibut Cove
Happy Valley
Homer*
Hope
JakolofBa¥
Kachemak
Kalifomsky
"'asilof
..~owell Point
iMiller Landing*
iMoose Pass
~Nanwalek
:Nikiski
:Nikolaevsk
:Ninilchik
!Port Graham
Ridgeway
Salamatof
Seldovia**
Seldovia City**
Seldovia Villat¢**
Seward
Soldoma
Sterling
Strut;se
Tyonek
Remamder
Kenai/Cook Inlet
Remainder Seward
c~sus sub area
Remainder of KPB
K~ai Penin~la
2000
Census
1
1
32
173
1~168
369
75
1:802
616
1.603
636
35
489
3:946
137
431
5.846
471
6.942:
921
74
206
177
4.327
345
772
171
93
1~932
954
430
286
144
2:830
3:759
4:705
18
193
249
49.691
June 1 Estimate
· et to Annual.Revision)
2001 2002 2003
1
1
25
173~
1:209'
372
88
404
574
1:735
688
28
521
5.527
152
1.809
1.
24
168!
17175!
391
89
1~812
594
1,662
624
29
505
4,065
·
145
Discontinued due to low counl
433
6.153
,
504
7.071
108
,,,
217
219i
4.360
331
760
174
92
1:963
897
450
288
166
, 2:754
3~856
4:771
14
181
188
'13
50.621
426
6~011
451
6:870 .
96
70
206
184:
4:362
345
758!
178i
98
1:961
894
435
285
150
2:759
3~791
4~753
16
161
229
23
50:005
1.812
1
27
176,
1.206i
358
78
306
572
1:744
707
27
505
5~865
161
478
6.249
568
7~123
89'
221
214
4.356
312
774
165
86
2~022
904
431
279
155
2:745
3~992
4~880
15
192
190'
13
51:398
2004-
1
1
26:
164
1~312
351
89
761
587
1~732
727
26
525
5:332
165
475
6.617
473
6:809!
74~
220
203
4.279
306
783
153
90
2~047
900
426
263
170
2:540
3:767!
4~940
19
184
181
50.980
",able 1.45 .
Homer annexation included all of Miller Landing CDP and part of Diamond Ridge CDP. Annexation was effective March 20, 2002.
**-Seldovia City plus Seldovia Village is not equal to the Seldovia CDP.
Note - All Estimates since 2000 have been revised by the State of Alaska Depatunent of Labor and Workforee Development.
Annual Change
-1.1%: 3.4%
-3.7% -6.8%
8.8%
-2.0%
14.1%
148.7%
2.6%
-0.7%
2.8%
-3.7%:
4.0%;
-9.1%
2.5~
-0.6%
5.9%
-16.7%
-4.4%
-16.9%
-0.5%
-5.1%
-1.8%
-1.9%
1.2%
-7.3%
4.7%;
1.2%
-0.4%
-1.2%
-5.7%
9.7%
-7.5%
-5.6%
1.2%
II
26.'7%
-4.2%
-4.7%
-38.5%
-0.8%
Kenai Penin.mla Borough Page 42 December 2004
KPB Pot ulation
K15B KPB Census 10 Year
COmmunity Re~ion 1940 1950119601'1970.1980 1990 2000 -- Ch_ange
iAnchor P.0int S .. 20 65[ ! 1171 102 226 866 1:845i 113.0%
Grouse Cr. gek E New 580 , 1~748 201.4%
Beluga W New . 32 N.~
Clam Gulch C 0 47 50 79 173 119.0%
Cohoe C 0 0[ 122 01 0 508 1 ~ 168 129.9%
Cooper Landing S 0 601 130 31 116 243 369! 51.9%
Crown Point E 0 62 75 21.0%
Diamond Ridge S New . 1:802 NA
Fritz Creek S 0 27 404 1~426 17603 12.4%
Funny Rivet C New 636 NA
Halibut Cove s 0 [ 25[ 44[ 47 78 351 -55.1%
Hal~y Valle), S 0 309 489 58.3%
!Homer .... S 325 3 [ 07 1.247] . 1,803 . 2.209 . 3:660 3:946 7.8%
Hope E 71 631 441 51 103 161 137 -14.9%
JakolofBay S 0 . 36 28 Discontinued NA
Kachemak S 0 [ 76 301 365 431 18.1%
Kalifomsky C 0 92 285 5.846 i 1951.2%
Kasilof C 62 62] 891 71 201 383! '471 23.0%
Kenai C 303 321[ 7781 3:533 4:324 6,327 6~942 9.7%
~ Lowell Point E New 92 NA
Miller Landin~ S New 74 NA
Moose Pass E 84 70[ 1I -
36 53 76 81 206 154.3%
Nanwalek S 48 75 78 58 124 158 177 12.0%
Nikiski C 0 1.109 2:743~ 4:327i 57.7%
,..N, ikolaevsk S 0 0 3 71 345 -7.0%
! Ninilchik S 132 971 1691 134 341 456 772 69~3~
Port Graham S 93 921 1391 107 161 166 171 3.0%
Primrose E 0 63 93 47.6%
Ridgcway C 0 . 2:018: 1.932 -4.3%
Salamatof C 0 ] 334 999 '954 -4.5%
Seldovia Village S 410 437J 460! 4371 479 459 144 -68.6%
' Seldo .via Ci~ S 0 316 286 -9.5%
Seward E 949 2:114 1~891 17587 1~8431 2:699 2.830 4.9%
Soldotna C 0 32 1:202 2:320 3:482 3:759! 8.0%
Sterling C 0 115 . 30 919 3?802 4~705 23.8%
Sunrise C New 18 NA
Tyonek W 136 132 187 232 239 154 193 25.3%
Remainder of
E 2,956 2,337 9,228 7,409 249 -96.6%
lCensus area
Kenai Penin~la
Borough 2,633 3,895 8,769 11,962 25,2821 40,802 49,69 li 21.8%
_ . _
Table 1.46
Kenai Penin.~ula Borough
Page 43 December 2004
Kenai Sales
.... :-: ."' .~" 1998 ' 1999:' 2000 :: 2001 ' 2002' · 2003 .'. 2004 . !Ann_real Ch_ang¢
A.FI" ~ 2,414,459 1,208,946, 147,395 825,507 227,3541 470,121 1,748,879 272.0%
Min .......... 21.156 911,206 1,357,532 520,572 379,608 1,583,457 2,357,708 48.9%1
Const 5,761,348 7,663,858 4,782,252 6,858,111 5,458,971 12,200,692 4.088.311 -66.5%
!Manu ' 1,826,500~ 2,053,148 2,807,139! 2,894,059 3,767,980 2,258,019 2,037,8981 -9.7%
TCPU 5,893,200 8,441,455 6.008,325 6,372,561 7,120,726 5,941,515 5,999,635 1.0%
:Whole ..... 2,383,031 2,774,886 5,106,481 4.233,797 4,069,622 5,333,838 6,326,294 18.6%
Retail. 38,027,088 34,505,929 40,741,748 41,619,799 34,670,657 30,062,588 36,602,736 21.8%
FIRE.. 2,571,040 2,586,301 3,355.291 3,810,903 3,049,232 3,350,119 3,233,035 -3.5%
Service 8,711,175 7,804,5281 8.102.564 9.287,393 9.873,954 11,345.461 10,171,821 -10.3%
Govt' · 93 72 32 0 0 0! 0 NA
Total · 67,609,090 67,950.329 72.408.759~ 76.422,702 68,618,104 72,545.810 72.566,317 0.03%
[Annual Change 0.5% 6.6% 5.5% -10.2% 5.7% 0.03%
Table 3.1
Kenai 4th Quarter Comparative
GROSS Sales by Industry
2002, 2003, 2004
Retail
Whole
TCPU
Const
Min
$0 $10 $20 $30
2004
El 20.03
2002
$40
Millions
,~aart 3.1
Kenai 4th Quarter GROSS Sales
1991-2004
With Five Year Moving Average Trendline
$80
~ $70
$60
$50
$40
$30
$20
$10
$0
Chart 3.2
Kenai Peninnula Borough Page 61 December 2004
Kenai Sales
....... . ...... 1998 · 1999 2000 200'1~. - .... 2002 2003 ........ 2004 .... Annual Chan~¢
AFF- 93,304 91,253 89,000 100.269 86,211 99,292~ 109,314 10.1%
Miff ..~.:. 8,764 40.690 46,005 41,886 52.224 60,465 66,021 9.2%
Const..~ 328,236 323,173 287,662 354,826 296,515 317,640 264,939 -16.6%
Manu ..... 394,728 442,960 552,715 414,560 491,314 506,419 514,348 1.6%
TCPU 3,327,590 5,377,374 3,237,855 3,457,229 4,309,543 3,632,232 3,478,103 4.2%
Whole 217,893 217.551 203,256i 153,504 123.316i 180,546 103,885i -42.5%
Retail .. 22,614,704 22,296.352 23,950,857 25,525,358 23,983.760 18,669,361 22,931,159 22.8%
FIRE' 1,213,222 1,146.639 1,615,987 1,768,098 1,564,165 1,252,833 1,197,436 4.4%
Service 3,758,639 3,781.751 4,078,976 4,187,469 4,081.675 4,369.744 4,116,935 -5.8%
G°vt 86 72 32 0 0 0 0 NA
Total 31,957,166 33,717.815 34'062,345 36,003.199 34.988,723 29.088.532 32,782,140 ' 12.7%
Annual Change 5.5%. 1.0% 5.7% -2.8% -16.9% 12.7%
Table 3.2
Kenai 4th Quarter Comparative
TAXABLE Sales by Industry
2002, 2003, 2004
Service
FIRE
Retail
Whole I
TCPU
Manu
Const
Min il 2004'
' r 11320031
AFF
,
$0 $5 $10 $15 $20 $25
Millions
Chart 3.3
Kenai 4th Quarter TAXABLE Sales
1991-2004
With Five Year Moving Average Trendline
$40
i $35
$30
-.,.
$25
$20
$15
$10
$5
$0
Chart 3.4
Kenai Peninsula Borough Page 62 December 2004
.... i Kenai Sales
· '1998 1999 2000 .... ' ' 200t.- 2002 2003 '. 2004 Annual
Alq;' 2!,856,770 27,031,481 17,757,626i 11,304.090 9,488,174! 16,349,069 16,349,069 0.0%
Mini ....... . 208.531 1,424,691 5,507,130 2,507,234! 3,916,074 4,915,9301 8,727,840 77.,5%
Const 21,481,466 20,692,7141 17,177,398 24,151,9851 18,522,782 30,636,346 12,795,111 -5&.2%
~Manu 7,.526,545 7,854,159 10,445,806 12,646,047 12,496,147 14,994,862 9,468,643 -36,9%
TCPU ' 23,017,785 26,815,943 23,883,929 24,107,421 27,762,814 24,667,417 29,865,550 21.1%
Whole 10,194,981 10,520,958 17,902,155 19,965,613 17.521,629 19,037,117 25,040,886 31.5%:
Retail 149,397,570 133,272.201 145,306,370 164,046,542 134,565,667 119,219.213 146,342,803 22.8%
FIRE 10,300,066 10,463,600 11,935,000~ 13,853,920: 13,529,801 12,784.912~ 12,748,094 -0:3%
Service 36,094.281 32,669,956 33,766,762 37,842,3601 41,942.315 44,500,264i 46,835,474 5.2%
Govt 1,945 415i 288 1,213 0 0 0 NA
iTotal 280,079.940 270~746.118 283,682,464 310,426,425 279,745,403 283,340,242 308,173,470 8.8%
Annual Change -3.3% 4.8% 9.4% -9.9% 1.3% 8.8%
_ _
Table 3.3
Kenai Annual Comparative
GROSS Sales by Industry
2002, 2003, 2004
Whole
TcpU
Manu
Const
$0 $50 $100
[12004 t
2002
$150
Millions
~nart 3.5
Kenai Annual GROSS Sales
1991-2004
With Five Year Moving Average Trendline
$350
$300
$250
$200
$150
$100
$50
$0
Chart 3.6
Kenai Peninsula Borough Page 63 December 2004
Kenai,, Sales
". ........... 1:998 1999 2000 2001 2002 2003 2004 Ann_tmi Chan~¢
AFF 448,689 513,026 518,603 ...505,615 505,614 559,313 717,590 28.3%
Min 49,522 96,651 166,846 223,196 213,971' 192,718 262,963 36.4%
Coast 1,200,303 1,180,607 1.085.964. 1,171,924 1,111,101 1,172,308: 1.138,497 -2.9%
Manu 2,140,912 2,085,657 2.450,721 2,238,645 2,218,515i 2,451,929 2,850,107. 16.2%
TCPLI 12,899,378 15,330,911 13.458.834i 13,192,948 16,120,066 15,890,944 14,082,886 -11.4%
i Whole 877,088 829.682 898.759 727,784 517,025 589,496 576.690 -2.2%
Retai~ 80,814,442~ 81.828,974 85.347.467 93.226,651 90,195,938 76.153.080 94,537,611 24.1%
FIRE 4,918,2541 4,824,067 5.718.387 6,757,340, 6,600.246 5,601,342 5,161,775 -7.8%
Service 16,680,181 17.677,101 18.120.257 18.998.608! 19,287,134 18,796,331 19,541,708 4.0%
Govt 1,938 415 288 1.213 0 0 0 NA
Total 120,030,707 124,367.091 127.766.126 137.043.924 136.769,610 121,407,461 138,869,827 14.4%
Annual Chanl~e 3.6% 2.7% 7.3% -0.2% - 11.2% 14.4%
Table 3.4
Kenai Annual Comparative
TAXABLE Sales by Industry
2002, 2003, 2004
Service
Retail
Whole
TCPU.
Coast
$0 $25 $50 $75
Chart 3.7
i a20o4
2003
2002
$100!
Millions
Kenai Annual TAXABLE Sales
1991-2004
With Five Year Moving Average Trendline
$125
$100
$75
$50
$25
$0.
Chart 3.8
Kenai Penin.nula Borough Page 64 December 2004
K
'S
'Const
Manu.
TCPU
Whole.
Retail
FIRE
Service
Govt
Total
Collst
Manu
TCPU
Whole
Retail
~¢e
oovt
Total
Const
:TCPU
Whole
Retail
Service
,Govt
Total
iConst
Manu
TCPU
Whole
Retail
FIRE
"-trice
x Otal
Table 3.5
I st Quarter
633.357
852.594
1,914.204
2,808,918
6,078.860
4,987.946
34,1
2.962.348
8,030.023
0
62,41
1,170.31~4
2.214,71~7
3,777.071
2.256.153
6.416.05~9
3.364.888
28.474.14~5
3,439.15~5
9.483.867
60.596.369
942.570
4.115.29~6~
2,997.00~6
7,714.36~
3.221.739
30.107.230
0
62.140.357
1.061.786~
2.011.733
!
2.314.22~2
1.610.02~2
6.489.016
SA47.26~0
29.814.280
2:866.173
10.452.168
0
62.066.660
2nd Quarter.,' .....'
2001'
787,584
321
5,291.031
3.567.
5,834,997
5,243,400
42.832,698
3.513,
9.281,388
0
76.673
2002
3rd Ouarmr
9,057
812,418
10,088,639
3,375,577
5,821.003
5,
45,444,009
3,566,
11,243.556
1.21
94,911.501
4th qumer
825,507
520,572
6,858,111
2
6,372.561
4.233
41,619,
3,810,903
9.287,393
0
76.422,
8i0.865~
516.40. 8
4.295,333
3.007.18~7
6.155.53~2
4.677.095~
34,741.20~8
3,667.61. . 5
10.058.048
67.929.29~1
805.341
3.464.827.
8,070,497
36,679.657
~2~
5.458.971
7.120.726
4.069.622
34.670.657
9.873.-~
0
2003
872.78~8
6,454.835
4.210.29. 3
6.152.05~8
4.841,74~0
28.949.996 30.099.399
~ 3.127.817
11.847.481 12.318.427
677424.299 81.229.776i
2004
1.296.885 12.241.519
27172.358 2,186.041
2,769,87.~~ 3.622.703
3.062.84~8
57560:861 11:816:038
5 963,008 7.304.324
397251:887 40:673.900
3.219.231 3,429.655
12:113:596: 14.097.889
0i 0
75.410.549 98.129.944
7.865.523
5,941,515
5.333,83__8
30.062.588
3.350.119
11.345.461
0
72.545.810
1,748:879
2.357,708
4.088,311
2.037,898
5:999:635
6.326.294
36.602:736
3.233.035
10.171.821
£
72.566.315
Tot~l
11,304
2,507,234
24,151
12,
24.107,
19.
164,046,542
13,853,920
37
1.213
310,426,425
9
3
18,522.782
12,496.147
27,762.814
17.521.629
134.565.667
13.529,801
41.942.315
0
279.745.403
12.584.181
4.915.930
30,636,
14,994.
24.667.
19,037.117
119.219.21
12.
44.500,
0
283.340.242
16.349.069
8,
12.795.111
9.468.643
29.865.550
25.040,
146.342.803
12.748.094
46.835.474
308.173
Kenai Peninsula Borough Page 65 December 2004
Kenai Sales
AFF
Mia
Const
Manu
TCPU
Whole
Retail
:Service
Govt
Total
AFF
Mia
Coast
Manu
TCPU
Whole
Retail
Service
Govt
Total
AFl:
Mia
Const
Manu
TCPU
'Whole
Retail
Service
Govt
Total
AFF
Min
Coast
Manu
TCPU
Whole
Retail
FIRE
Service
Govt
iTotal
Table 3.6
88,262
58.812
237,187:
437,740i
3.398,3971
179,452
18,137,349
1,527.679
3,824,363
0
27,889.241
90,609
51,370
248.573
349.360
3,779.839
107.790
18.685.738
1.645.401
3,979.662
0
28.938.342
87.894
34.119
242,193
441.292
4.932,006
102.588
20.062.767
1.480.683
3.732.984
0
31.116.526
97.275
63.827
270,414
508?762
3~939:435
175.813
19.316,910
1.257.343
3:940:716
0
29.570.495
2001
113.069
72.568
268.682
685,042~
3.163,762
206.838
23,717.206
1,670.033
5.091,469
0
34.988.669
2002
128,556
57.479
273.401
622.875
3.794.883
146.986
22.876.325
1.684.226
5.064.834
0
34.649.565i
2003
134.783!
46.723
295.969i
687.335
4.056.076
139.469
18.246.087
1,494.804
4.727.913
0
29.829.159
2()04
159.363
57.575
294.583
803.910
3.467.903
154.306
25.145.460
1.345:408
4.853.058
0
36.281.566
204,015
49,930
311,229
701,303
3,173,560
187,990
25,846,738
1,791,530
5,895,307
1,213
38.162,815
200,238
52,898!
292,612i
754,966i
4.235.801
138.933
24.650,115
1,706,454
6.160,963
0
38.192.980
237.344
51.411
316.506
816.883
3.270.630i
166.893
19.174.865
1.373.022
5.965.690
0
31.373.244
351,638
, , , 75:540
308,561
1.023.087
3~197:445
142.686
27,144.082
1:361,588
.. 6:630:999
0
40.235.626
100,269i
41,886
354,826
414,560
3.457,229
153,504
25,525,358
1,768,098
4.187,469
0
36.003,199
86.211
52,224
296,515
491.314
4.309.543
123.316
23.983.760
1.564.165
4.081.675
0
34.988.723
99,292
60.465
317.640
506.419i
3,632.232
180.546
18.669.361
1.252.833
4.369,744
0
29.088,532
109,314
66.021
264.939
514.348~
3.478.103~
103.885
22.931.159
1:1977436
4.116.935
0
32~782~140
505,615
223,196
1,171,924
2,238,645
13.192,948
727,784
93,226,65
6,757,340
18,998,608
1,213
137,043,924
505,614
213,971
1,111,101
2,218,515
16,120,066
517.025
90,195,938
6,600,246
19,287,134
136.
559.313
192,718
1,172.308
2.451.929
15,890,944
589.496
76,153,080
5.601.342
18,796.331
0
121,407.461
717,590
262.963
1,138,497
2.
14.082.886
576.690
94,537,611
5.161.
19.541.
0
138~869.827
Kenai Pemnsula Borough Page 66 December 2004
· · · ·
mmmmmmmm
1998 1999 2000 2001' 2002 2003 2004. Arm~
Chnnl~e
'Residential - New 416,000 702,000 . 376,000 324,000 377,000 779,000 482,000 -38.1%
Resideatial - Add/Alter 43,800 221,400 55,400 67,800 70,000 183,000 27,000 -85.2o~
Co,,-~¢rcial - New 49,000 125,0001 244,000 214.000i 990,000 253,000 0 - 100.0%
Co,~aei-¢ial - Add/Alter 86,500 8,600 2,800 49,500 90,800 1,240,500 76,400 -93.8~
TOTAL . 595,300 1,057,000 678,200 655,300 1,527,8001 2,455,500 585,400 -76.2%
Annual Change 77.6% -35.8% . 23.4% 133.1% 60.7% -76.2%
. $8
$6
$2
$1
Kenai 4th QUARTER Permit VALUES by Type- 1986-2004
,,.
m Commercial - Ad~~
I
! UI Commercial New -
t 1 Residential - Add/Alter
~ El Residential - New -
·
_ ! I-
:
1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Chart 3.9
Kenai 4th QUARTER Permit VALUES
Percent by Type- 2004
Residential- New
82.3% ~
Residential -
Add/Alter
4.6%
Chart 3.10
...... Commercial- New
x~., Commercial- 0.0%
:'- Add/Alter
13.1%
Kenai Penin.qula Borough Page 67 December 2004
1998 1999 2000 2001 2002 2003 2004
Residential- New 3 7 3 21 3
Residential - Add/Alter 5 13 7
Commercial,- New 2 1 1
Commercial - Add/Alter 8 1 1 3 10
TOTAL 18, 22 13 11 20
Annual 22.2% -40.9% - 15.4' 81.8%
Table 3.8
6 4
4
2
8~
21
6
14
-33.3%
-33.3'
- 100.0'
-33.3'
Kenai 4th QUARTER Permit VOLUME by Type- 1986-2004
30-
' I Commercial - Add/Alter~
~~ CI Commercial - New
25 - ~l Residential - Add/Alter
!El Residential - New
20
15
1986 1987 1988 1989 1990 1991
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Chart 3.11
Chart 3.12
Kenai 4th QUARTER Permit VOLUME
Percent by Type- 2004
Commercial - Residential - New
Add/Alter -,. ,.'"28.6%
42.9%
Commercial - Residential -
New -
0.0% - Add/Alter
28.6%
Kenai Penin.~afla Borough
Page 68
December 2004
Annual
1998 1999 2000 2001 2002 2003 2004
ChanR¢
Residential - New 6,033,500 3,324,000 3,497.000 4,985,000 5,917,000 3,282,000 3,058,500 -6.8%
Residential - Add/Alter 730,700 798,0001 888.400 675,100 723,500 882,050 400,150 -54.6%
~Commercial - New 151,000 4,797.750 4.250,000 5,379,700 6,261,200 304,000 331.000 8.9%
Commerei~- Add,Alter 727,000 522.000 762.700! 2.539,100 3,897,700 5,973,750 996,900 -83.3%
TOTAL 7,642,200 9,441,750 9.398.100 13,578,900 16,799,400 10.441,800 4,786,550 -54.2%
Anmaal Chanl~e 23.5% -0.5% 44.5% 23.7% -37.8% -54.2%
Table 3.9
$20
$18
$~6
$14
$12
$10
$8
$6
$4
$2
$0
Kenai ANNUAL Permit VALUES by Type - 1986-2004
· . | 1 Commercial - Add/Alter
CI Commercial - New
I Residential - Add/Alter
I
m --. I~1 Residential - New
/
I ,
__ . - , 1~
'-- ~I~ 1
.... · -I I I
1986 1987 !988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Chart 3.13
Chart 3.14
Residential- New
63.9%
Kenai ANNUAL Permit VALUES
Percent by Type- 2004
Residential -
Add/Alter
·
8.4%
Commercial - New
6.9%
" ....... Commercial -
"- Add/Alter
20.8%
Kenai Peninnula Borough Page 69 December 2004
Kenai Construction Permittinc
Annual
1998 1999 2000 2001 2002 2003 2004
Change
Residential - New 45 26 , 26 30 42 221 20 -9.1%
Residential - Add/Alter 33 41 45 31 45i 44i 25 -43.2%
Commercial- New 4~ 13 11 8 9 4 3 -25.0%
!
Commercial - Add/Alter 151 22 11 18 25 44 3 Ii -29.5%
TOTAL 97 102 93 87 121 114 79 -30.7%
Annual Chan~e 5.2% -8.8% -6.5% 39.1% -5.8% -30.7%
Table 3.10
140
120
100
Kenai ANNUAL Permit VOLUME by Type- 1986-2004
1 Commercial - Add/Alter
El Commercial - New
1 Residential - Add/Alter
1~ Residential - New
80
60
40
20
1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Chart 3.15
t
Chart 3.16 I
Kenai ANNUAL Permit VOLUME
Percent by Type- 2004
Commercial -
Add/Alter --....
39.2%
Residential- New
.-~ 25.3%
Commercial- New ........ -"
3.8%
Residential -
- Add/Alter
31.6%
Kenai Penin.qula Borough Page 70 December 2004
1st Quarter 2nd Quarter ·
1997
Residen~l New-
___ - 431,900! 2,368,600I
i Comm~roia_!I Residen_ti_' a_! - Add/Alter. New 45'0~00[ 1.462,000,329'8001
I CommeTcial - Ad_d/Alt_~ '115,000[
TOTAL 476.9001 4,275,4001
1998
Residen~a!- New 208.500{ 3.884,500[
Commer¢ia_l New 7.000!
Commercial - Add/Alter 186.5001 21,500I
TOTAl. 470.500! 4,401,500!
1999
Res_id_en_ti_'al - New 01 1,573,000I
R¢sid~n_'a! - Ada/Alter 122,000 187,600!
Commercial - New 14.5001 61,000[
Commercia_l - Add/Alter 103.000! 201,000I
TOT^L 239.5001 2-022.6001
2000
R¢sidenti_'a_l- New 228.000! ~.6o6,oooI
id~0~- Add/Alter 7.000! 439,000I
nmm-cial - New 65.000! ~.o45,oooI
Commercial - Add/Alter 162.9001 73.000I
TOTA~ 462.900! 3,163,000!
2001
Residential- New 623.000! 2.886,000!
R¢sidenti__al - Add/Alter 161.5001 228300I
Commercial - New 15.0001 3.744.000I
Cornrn__ercia! - ^dd/Alter 20.000! 739,600!
TOTAIJ 819.500! 7,597~900!
2002
Resid~ti_'a3 - New 279.000! 2.362,000!
Residentia_! - Add/Alter 28.0001 '323,100[
Commerci~_!- New 3.579.2001 1.480;000I
Commercial - Add/Alter 2.000! '404,300I
~TOT.AIJ 3.888.2ooI 4.569:400~
2003
ResidentLa!- New 0
Resid_~nti__a! - Add/Alter 15.00 515.20
Comm__ercial- New
Comm__~cLal - Add/Alter 1.542.6001 270:150I
TOTAL 1 ..557,600[ 2,728:350~
2004
........ . 300.000! 1.079.000!
Residential New
~ esidenti_'a_! - Ad_d/Alter 12'.00i1 685 52'.200,' .
_pmercia! - New 81.0001
~mmereial - Add/Alter '200{
[TOT.~ 312.000! 1:897:4001
Table 3.11
3rd Quarter 4th Quarter
923,0001 705,000
181,0001 69,200
605,000[ . 6,332,000
453,500! 32,550i
2,162,500] 7,138,7501
1,524.500
122.900
95.000
432.500
2,174.900
1,049,000
267,000
4,597.250
209.400
6.122.650
1.287,000
387,000
2.896.000
524,000
5.094.000
1.152.000~
217.500'
1.406,700
1,730.000
4.506.200.
2.899.000
302.400
212.000
3.,400.600
6.814.000
560.000!
168.850!
51:000]
2:920.500I
3:700:3501
1,197:500I
3O8.95OI
250'.000I
235300I
1.991..750[
416.000!
43,800[
49,000].
86,5001
702.000
221,400
125,000
8,600
1.057.000
376.000
55,400
244.000
2,800
678.200
324.000
67.800
214.000
49,500
655.300
377.000
70.000,
990.00O
90:8001
1.527:800'
779.000]
18310001
253.oooI
1.240.500I
2:455;500~
482.000
76.400
585'.400
Total
4,428,500
625,000
8,399,000
601,050
14,053,550
6,033,500
730,7001
151,000'
727,000
7,642.200
3,324,000
798,000!
4~797,750
522,000
9,441,750
3,497,006
888,400
4.250.000
762:700
9.398,100
4.985,00~'
675.100
5.379,700'
27539,100
13..,578,900
5~,917.000
723,500
6.261..200
3~,897,700
16:799.400
3,282.000
882,050
304,~000
5:973.750
107441,800
3.058.500
400.150
331.000
996.900,
4~786.5501
Kenai Peninsula Borough Page 71 December 2004
Kenai Construction Permittin
Residential- Add/Alter 2 1
Commercial- New
Commercial-Add/Alter : 10[
TOTAL 28 ~3!
Residential - New 2 13 3
Residential - Add/Alter i 1i 5
Commercial- New 2
Commercial- Add/Alter 8
TOTAL , 10! 30! 18
36
32
7
14
89
45
33
4
15
97
Residential- New 0 7 7 26
Residential- Add/Alter 3 12 13 41
Commercial - New 1 10 11 13
Commercial - Add/Alter 3 11 22
TOTAL 7 40 22[ 102
Residential - New 1 11 3
Residential-Add/Alter 21 1!
Commercial- New
Commercial- Add/Alter 4
TOTAL 8 36[ 13[
,Residential- New 4 8 2
Residential Add/Alter , 5, i ~
Commerei~- New 1
Commercial- Add/Alter 1 31
TOTAL 11 23! 1
1997
42
1998
27
39
1999
12
2000
11
36
2001
1
42
2002
15 ' 37[ ' 59 20
0
2003
16
0
11
4O
2004
3
22
2
18
45
6
Residential- New
Residential Add/Alter
Commercial- New
Commercial- Add/Alter
TOTAL
Residential- New
Residential Add/Alter
Commercial- New
Commercial- Add/Alter
TOTAL
_
26
45
11
11
93
30
31
8
18
87
42
45
25
12t
22
44
4
44
114
,Residential_- New 3 5 8 4 20
Commercial- New 1 3
Commercial-Add/Alter ~ 15 10 ~ 31
TOTAL 30 31 1 79
Table 3.12
Kenai Peninsula Borough Page 72 December 2004
K__enai C
Cost of food data is collected by the University of Alaska, Fairbanks Cooperative Extension. Each
quarter the Cooperative Extension surveys up to three grocers in communities throughout the state
to detem~e the cost of food for one week. Specific guidelines are presented to the surveyors
regarding item size and sale price for 104 items. It has been determined that separation of Kenai
and Soldotna data would be meaningless therefore data presented relates to both communities.
KENAUSOLDOTNA
..
Sales Tax
Percent of Food Unavailable
Children 3-5
Children g
Children 9-11
Males 12-14
iMales 15-19
Males 20-,
Males 5 l-and older
· .
.. .
Females 12-'19
'Females 20-50
Females 51 and older
and older
children 1-5
children 6-11
1000 kWh
2X4X8'
100 lb.'refill
Sewer &
Table 3.13
Kenai Penin.mla Borough Page 73 December 2004
$140
$120
$100
$80
$60
$2O
$0
Chart 3.17
Kenai Cost of Food for One Week
December 1997 to December 2004
Dec-97 Dec-98 Dec-99 Dec-00 Dec-01
Dec-02 Dec 03
'-*-' Males 20-
50 years of
age
~ Females
2o-5o year~ i
°fage ~/
i-*- Family of
--x-- J~d older
D~-~
Kenai Peninmla Borough
Page 74
December 2004
,,,
KENAI. ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 /FAX: 907-283-3014
MEMORANDUM
To: Mayor Pat Porter and City Councilg_r.s
From' Linda L. Snow, City Manager
Date: April 29, 2005
RE' Pending Sale of Cook Inlet Industrial Air Park Properties (CIIAP)
In consideration of information and recommendations received from the FAA and the airport
planning assessment team regarding the sale of airport properties for non-aviation use, this memo
is to advise you we have received and are currently proceeding to process an offer to purchase
two lots in the CIIAP subdivision.
Circle N LLC currently leases Lot 5, Block 2, of the CIIAP from the City. This is the location of .
the Alaska Steel building on Trading Bay Road. They have requested to purchase their leased lot
and the adjacent Lot 6, and they have submitted a good faith deposit.
The FAA Deed of Release signed in 1966 allows for the sale of these properties for non-aviation
use. KMC 22.05.040 (c) allows the sale of Lot 5 to the lessee at fair market value. Ordinance
No. 894-83 stated Lot 6 is not needed for a public purpose and can be sold. Because Lot 6 is not
leased property with improvements, it must be sold by competitive bid as described in Title 22.
At this point, we have ordered an appraisal of the two lots, which we anticipate will be
completed no later than June 15th. As you know, the appraisal will require FAA approval before
the sale can go forward.
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUB J:
City Council
Larry Semmens, Finance Director
Linda Snow, City Manager
April 22, 2005
Investment Report
At March 31, 2005 the City investment portfolio had a market value of $32,738,475.58
and the portfolio yield is 2.88% compared to 2.28% last year. As rates increase the
market values of the securities in the portfolio decline. This paper loss has to be
recorded and will have a negative impact on interest revenue for FY 2005. The
breakdown of types of investments held is:
US Agency Securities
AML Investment Pool
Bank Balance
$31,668,331.60
$ 954,255.47
$ 115,888.51
Rates have been climbing due to the Federal Reserve raising rates to 2.75%,
remember that less than one year ago the rate was 1%. The expectation is for
continued rate increases, however there has been volatilit in rates r .
several Iowyieldin securiti . __ !Y ecently I sold
trades ma-' g- es at a loss ~n order to reinves~ at higher rates. The
ae sense because the loss on the security is more than made up prioSr~o the
maturity date of the security sold. In other words, we will have more revenue at the
maturity date than we would have had if the security was not sold.
My base strategy of investing these funds is generally to buy and hold. As cash is
available I invest it at the best rates available within the time frames necessary to meet
cash flow needs. Many of the securities in the portfolio are callable, which means the
issuer can redeem the security for the par amount at their option. A call occurs only
when rates are falling, which means that the investor will reinvest at a lower rate of
interest. On an infrequent basis I sell a security to increase yield by purchasing another
higher yielding investment. If you have any questions or comments about the City's
investments please contact me. A copy of the portfolio is attached.
CITY OF KENAI
CITY OF KENAI
INVESTMENTS
4/1/2005
SECURITY
odginal cost
Current Market
Value
Book Value
EFFECT.
RATE
DATE
DUE
AT
MATURITY
(PAR)
FHCI 9.5O
FHLMC 2.5
FHLMC 2.3
FHLB 2.124
FNMA 2.125
FHLB 2.0
FHLB 2.1
FHLB 2.32
FHLB 1.86
FHLMC 2.O
FHLMC 3.O
FHLMC 3.O
FNMA 3.25
FNMA 2.5
FNMA 2.5
FHLB 2.32
FHLB 3.375
FHLB 3.625
FHLMC 2.85
FNMA 2.5
FHLMC 3
FHLB 3
FNMA 3.375
FHLB 3.13
FHLB STEP UP
FNMA 4.O2
FHLB 3.5
FHLB 6.795
17,163.42
,000,000.00
998,000.00
,000,000.00
999,990.00
,000,000.00
,000,000.00
,501,171.88
,490,888.75
,000,000.00
,000,000.00
,000,000.00
3,004,500.00
1,000,000.00
994,500.00
995,000.00
1,998,000.00
1,000,000.00
995,000.00
996,500.00
999,500.00
1,000,000.00
996,000.00
989,700.00
999,250.00
986,268.00
994,500.00
1,115,620.00
16,872.85
990,210.00
990,090.00
987,500.00
986,880.00
985,000.00
985,000.00
1,480,320.00
1,466,968.75
982,240.00
1,981,840.00
980,310.00
2,975,640.00
982,190.00
987,810.00
973,44O.OO
1,980,620.00
993,750.00
987,26O.OO
971,880.00
979,690.00
980,310.00
986,250.00
981,880.00
996,560.00
989,380.00
971,880.00
1,096,560.00
16,076.13
992,600.00
994,690.00
990,940.00
990,310.00
987,500.00
988,750.00
1,488,285.00
1,469,300.95
985,060.00
2,000,940.00
994,400.00
3,011,250.00
987,810.00
994,500.00
977,810.00
1,998,000.00
1,000,000.00
995,000.00
977,500.00
988,750.00
987,810.00
996,000.00
990,000.00
999,250.00
1,001,250.00
975,630.00
1,115,620.00
7.69 8/1/2005 $ 16,736.95
2.50 12/15/2005 1,000,000.00
2.40 1/9/2006 1,000,000.00
2.12 1/30/2006 1,000,000.00
2.13 2/10/2006 1,000,000.00
2.00 2/27/2006 1,000,000.00
2.10 3/8/2006 1,000,000.00
2.28 3/10/2006 1,500,000.00
2.00 4/7/2006 1,495,000.00
2.00 4/12/2006 1,000,000.00
3.00 5/26/2006 2,000,000.00
3.00 6/8/2006 1,000,000.00
3.17 6/28/2006 3,000,000.00
2.50 8/11/2006 1,000,000.00
3.09 11/9/2006 1,000,000.00
2.47 12/19/2006 1,000,000.00
3.42 1/12/2007 2,000,000.00
3.63 2/16/2007 1,000,000.00'
3.05 2/23/2007 1,000,000.00
2.62 3/8/2007 1,000,000.00
3.02 4/27/2007 1,000,000.00
3.00 4/27/2007 1,000,000.00
3.55 5/15/2007 1,000,000.00
3.42 5/21/2007 1,000,000.00
3.02 11/28/2007 1,000,000.00
4.33 8/18/2008 1,000,000.00
3.63 12/26/2008 1,000,000.00
3.90 6/30/2009 1,000,000.00
SUB TOTAL
$32,071,552.05
AML POOL
954,255.47
33,025,807.52
REPO
115,888.51
TOTAL
$33,141,696.03
$31,668,331.60
954,255.47
32,622,587.07
115,888.51
$32,738,475.58
$ 31,895,032.08
954,255.47
32,849,287.55
115,888.51
$32,965,176.06
2.52
2.65
$ 32,011,736.95
954,255.47
115,888.51
$ 33,081,880.93
TOTAL CURRENT YIELD 2.88%
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone' 907-283-7535 / FAX: 907-283-3014
www.ci.kenai.ak.us
MEMORANDUM
TO' Mayor Pat Porter and Councilors
FROM' d"~ Cary R. Graves, City Attorney
DATE: April 29, 2005
RE' Vacant Buildings
The Council requested I research ways the City could legislatively attempt to help reduce the number
of vacant commercial buildings. I looked at three possible methods: a) a differential (higher) property
tax rate for vacant buildings; b) tax exemptions for improvements to "deteriorated" buildings; and c) a
commercial property maintenance ordinance. My analysis follows.
A. Differential property tax rate
One suggestion for reducing the 'number of vacant buildings within the city is to tax them at a higher
rate than occupied buildings. The idea is that some commercial landlords do not have a sufficient
financial incentive to spend the money necessary to renovate the vacant buildings in order to attract
tenants. Rather than provide a tax break, through exemptions, this idea seeks to provide an incentive
through higher property taxes for vacant buildings.
Can the City have a differential (higher) property tax for vacant buildings? For the reasons stated
below, I do not think it is allowed under Title 29. Article X, Section 2 of the Alaska Constitution
allows the State to delegate its taxing authority to boroughs and cities. Taxes levied by municipalities
must be in compliance with AS 29.45. Municipalities are generally allowed to have differential sales
and use taxes. 1985-2 Op. (inf.) Atty. Gen. Alas. 391, October 31, 1985. However, they are limited in
their ability to impose differential property taxes. 1985-1 Op. (Inf.) Atty. Gen. Alas. 403, June 21,
1985. In Kenai Peninsula Borough v. State, Department of Community & Regional Affairs, 751 P.2d
14, 17 (Alaska 1988), the Alaska Supreme Court held that Title 29 showed "a legislative intent to
require a unitary tax rate on real and personal property."
There are three statutory exceptions to the unitary property tax role. The first is AS 29.45.055, which
allows for a flat tax on personal property otherwise exempted from ad valorem property taxes. An
example of this would be a flat tax on boats or airplanes. That exemption does not apply in this case.
The second exception is AS 29.45.580, which allows a municipality to create differential tax zones
"for services not provided generally in the city or a different level of service than that provided
generally in the city." The difference in the level of services provided must be real and demonstrable
Mayor Pat Porter and Councilors
-April 29, 2005
Page 2 of 2
in order for a differential tax zone to be upheld in a court challenge. City of Valdez v. State, Dept. of
Community and Regional Affairs, 793 P.2d 532, 534 (Alaska 1990). In this case, creating differential
taxes for vacant buildings would not appear to meet the requirements of AS 29.45.580.
B. Tax exemptions
Exemptions are the third exception to the unitary property tax role. AS 29.45.050(0) allows a
municipality to partially or totally exempt "deteriorated property" from property taxes up to 10 years
after "substantial rehabilitation, renovation, demolition, removal, or replacement" of a building on the
property. A municipality could also offer a five-year deferral from property tax, although a deferral
and exemption could not both be offered for the same improvements to property.
"Deteriorated property" is defined as commercial property (including residential property of eight
units or more) that' 1) is subject to a governmental order within the last five years to vacate, condemn,
demolish or environmentally remediate the property; or 2) has a building at least 15 years old on the
property that has undergone substantial rehabilitation, renovation, demolition, replacement, or
removal, subject to the conditions set out by the municipality; or 3) is located in a designated
deteriorated area.
Since the City's mill rate is 4.5, a total exemption on a $1 million building for one year would be
$4,500. The City would have the option of a partial or total exemption of the building's property
taxes. Municipalities have taken different approaches to the exemption.
The City and Borough of Juneau has allowed an exemption of up to $20,000 from the value of the
property for up to four years for refurbishment of historic property. For example, spending $10,000 on
refurbishing a historic building would reduce the assessed value by $10,000. CBJ 69.10.025. Juneau's
mill rate is 11.64, so a $20,000 exemption for four years figures out to be' $232.80 x 4 = $931.20.
Sitka has taken a different approach. It has a designated "deteriorated area" (Sawmill Cove) in which
manufacturing buildings at least 15 years old received a partial exemption if the owners committed to
spend at least $2 million dollars on renovating the property. The property was taxed at one mill the
first year and rose by a mill every year until it reached five mills in the fifth year. SGC 4.12.025(F).
Obviously, that exemption was designed to be an incentive to refurbish a large industrial facility.
C. Commercial Property Maintenance Ordinance
Another method to encourage renovation of property is a commercial property maintenance ordinance.
Such an ordinance would expand on the requirements of the International Property Maintenance Code
(KMC 4.10.010-020). The maintenance requirements would predominately deal with exterior features
of commercial buildings. It would require the exterior of vacant (and occupied) commercial buildings
to be kept up, e.g. paint, windows, signs. Enforcement would be by the code enforcement officer. An
example of the body of such an ordinance is attached.
Please let me know if you have any questions.
CRG/sp
Building and property maintenance.
a,
bo
Maintenance required. All commercial buildings and structures, and all parts thereof,
shall be maintained in a safe, sanitary and non-hazardous manner. All means of egress,
devices, safeguards and equipment shall be kept in good working order. The exterior of
all premises and the condition of all buildings, structures and components thereon shall
be maintained so as to prevent and repair deterioration, so that the appearance thereof
shall reflect a level of maintenance in conformity with all applicable ordinances of the
City of Kenai and so as to ensure that the property itself may be preserved safely and that
hazards to public health and safety are avoided.
Maintenance standards.
1. Maintenance of structures. Each owner and occupant shall keep all exterior
components of every structure in good repair, including but not limited to, walls,
roofs, chimneys, cornices, gutters, downspouts, drains, porches, steps, landings,
fire escapes, exterior stairs, windows, shutters, dOors, storefronts, signs, marquees
and awnings.
A. All surfaces shall be covered with a protective coating, such as paint,
plastic or other material that preserves the structure and does not
contribute to deterioration.
B. All surfaces shall be maintained free of deterioration, including but not
limited to, broken glass, loose or missing shingles or siding, crumbling
brick, stone and mortar, and peeling, scaling or deteriorated paint.
C. Overhanging structures, including canopies, marquees, signs, awnings,
exterior stairways, fire escapes, and other structures with overhanging
extensions shall be maintained in good repair, be securely anchored to the
structure, and be protected from mst and other signs of decay by
application of a weather protective material such as paint. Non-operative
or broken electrical signs of decay by application of a weather protective
material such as paint. Non-operative or broken signs shall be repaired or
removed. All obsolete signs and sign structures shall be removed.
Maintenance of premises and landscape elements.
A. All premises and landscape elements shall be maintained in a safe and
sanitary condition, including but not limited to steps, walks, driveways,
fences, retaining walls, trees, shrubs, grass and weeds. If any such area or
object constitutes a danger to health or safety, it shall be repaired, replaced
or removed.
B. All paved driveways and walks that exist within the public right-of-way
shall be maintained in safe condition.
C. All fences, retaining walls or similar structures shall be firmly anchored in
the ground and maintained in good structural repair. Wooden elements or
other elements subject to deterioration from weathering shall be
maintained with chemicals or paint to preserve the element and to retard
deterioration.
D. Weeds and grass shall be kept trimmed and from becoming overgrown.
E. Trees and shrubs which have branches projecting into the public fight-of-
way, including public sidewalks, public places or public highway, shall be
o
Page 1 of 2
Co
kept trimmed to prevent interference with any person or vehicle lawfially
using the right-of-way.
F. Trees and shrubs afflicted with a form of decay or vegetation sickness that
can be transmitted to other trees or shrubs shall be removed or shall be
treated or sprayed by the owner or occupant of the property to eliminate
the risk of any such decay or vegetation sickness being transmitted to
other trees. Dead trees in proximity to rights-of-way, buildings, structures,
or congregations of people which may endanger such objects shall be
removed.
G. All yards, courts or lots shall be kept free of accumulations of trash,
garbage waste, rubbish, refuse, junk, and other noxious or offensive
materials or substances that may cause a fire hazard or may act as a
breeding place for vermin or insects. Storage of miScellaneous items must
be within enclosed structures or screened as required in the Zoning Code.
H. All portions of all premises shall be graded so there is no pooling of water
or recurrent entrance of water into any basement or cellar. All condensate
and waste cooling water shall be discharged into the storm sewer system
in accordance with a sketch or plans approved by the City Engineer.
Maintenance after casualty damage. Within a period of thirty (30) days after casualty
damage to any premises the owner and operator shall take the following steps'
1. Contract for the repair and restoration of damage areas and removal of debris; and
2. Contract for the demolition and removal of any part of the premises not to be
repaired and restored and for the removal of debris in connection therewith.
Page 2 of 2
In the Supreme Court of the State of Ala
Kristine A. Schmidt,
Appellant,
Vo
Carol L. Freas & City of Kenai,
Appellee.
,,
Trial Court Case # 3KN-03-00636CI
Supreme Court No. S-11824
Order
Dismissing Appeal
Date of Order: 4/28/05
IT IS ORDERED:
The motion to dismiss appeal, filed on 4/22/05, is GRANTED. The appeal is
DISMISSED. Each party is to bear its own costs and attorney's fees in the supreme court
in this matter.
Appellant's pending motions for a reconsideration, to relax roles, and for a
settlement conference are therefore DENIED AS MOOT.
Entered under Appellate Rule 511 (a).
Clerk of the Appellate Courts
Marilyn M~'-' 6/
CC'
Supreme Court Justices
Trial Court Judge Brown
Trial Court Clerk - Kenai
Distribution:
Robert J Molloy
Attorney at Law
110 South Willow Street Suite 101
Kenai AK 99611
RECEIVED
APR 2 9 2005
KENAI LEGAL DEPT,
Cary R. Graves
City Attorney
210 Fidalgo Avenue Suite 200
Kenai AK 99611-7794
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
MAY 4, 2005
o
.
o
,
4/26/05 Public Works Department, Project Status Report.
4/28 / 05 Kenai Harbor Rate Schedule
2005 Gaming Permit Application -- Kenai Peninsula Racing Lions
5/3/05 Kenai Peninsula Borough Assembly Meeting Agenda.
Project Status Report
A/NC/F/ City Centaet
A JL
Project Nam
Airport Security Fencing
A=Active
NC=Non-Construction
F=Future
STIP=State Trans. imp
KK - Keith Kornelis
JL- Jack La Shot
RS - Robert Springer
MK - Marilyn Kebschull
Jet - Jan Taylor
Status
Installation work starting.
A JL
Airport Security System
Had final inspection. Training complete.
A MK
Airport Supplemental Planning
Assessment
Project awarded to DOWL. Joint Work sessions
with consultants planned for 5/12, 6/13, 7/26.
A JL
Airport Taxiway "H" Access
Parking
May construct next summer as CO to Terminal
project. Cat X submitted.
A JL
A KK
Airport Terminal Modifications
Concrete Repairs
Minor items to do.
Compiling list of concrete curbs, gutters, and
sidewalk repairs.
A JL
Contaminated Soils- Shop
Received ranking for loan fund - could be funded if
City chooses to. Reappropriated $151,314.
Preparing work plan. Holding tanks for floor drains
installed. Will do further tests in spring.
A JL
Daubenspeck Environmental
Site Assessment
Final report has been received. UST removal
report received and submitted to ADEC.
A KK
Kenai Boat Launch
Improvements
Received $350,000 grant. Nelson & Associates
are working on the design and Corps permit.
a KK
Tuesday, April 26, 2005
Kenai River Bluff Erosion
Control Project
The City received the status report from the Corps
dated 4120/05. The Corps study is scheduled to be
completed in July 2005. The draft report will be
reviewed in May. Hopefully, the City will get
additional funds to help with the design and
answer any questions from the study and agencies
including obtaining the Corps Permit.
Page 1 of 3-
A/NC/F/
A JL
Contact
Project Name
Multi-Purpose Facility
Status
Organizing tasks for Arctic Winter Games
Preparation. Beam insulation and fire barrier bids
4/27.
A JL
Parallel Taxiway
Bid date April 26.
A JL
Runway Extension
Environmental Assessment
CAT-X on Taxiway H Access and Parallel Taxiway
projects received.
A KK
S. Spruce Wetlands Protection
Trail from Municipal Park to beach completed but
needs some repairs. Received additional funds
from USFWS for signs that need to be installed.
A JL
Senior Kitchen
Design underway.
A KK
Title 17 Review and W & S
Regulations
The revisions to KMC Title 17 W&S Code &
Regulations passed. Council approval on April 6.
A JL
Underground Storage Tank-
Airport
Received "no further action required" from ADEC.
Still need to do annual testing, soil remediation.
A KK
Water Main WH4 to Swires
Nelson working on design. City is working with
DEC and Corps on permit.
A KK
WH 4
Working with DNR on land purchase issues.
Evaluating the two pilot test programs on water
treatment. Working with DEC on accepting
exploration well as production well.
F KK
Ames & Dunes Road
Kenaitze Indian Tribe paving roads with curbs,
gutters, and sidewalks. They are going to send
City a maintenance agreement
F KK
Boating Facility Exit Road
The City is working on possible land trade for an
exit road. Received appraisal on the land the City
wants. City is having our wetlands appraised for
possible trade.
Tuesday, April 26, 2005 Page 2 of 3
A/NC/F/
City Contact
KK
Projoot Name
Culvert Repairs S. Spruce &
Boat Launch Road
Status
Have applied for two matching grants from U.S.
Fish & Wildlife Service. USFWS states that we will
get the grants. The grant requires a match which
will come from muni-matching grant for road
improvements.
JL
Maintenance Shop
Preliminary plans and specifications complete.
KK
McCollum & Aliak, Set Net Dr.,
S. Ames Rd., Thompson Park
Subdivision LID's
These LID projects are on a list for consideration
by Council at a later date. Projects on hold until
changes made or funding found. Received
Thompson Park Subdivision Paving Petition, but it
was returned since they need additional signatures.
STIP KK
DOT- Bridge Access Pathway
Pathway along Bridge Access Road from K-Beach
to Spur 3.3 miles... Project in environmental
assessment. Design scheduled FFY08.
Construction after FFY09.
Tuesday, Apdi 26, 2005
· Page 3 of 3
CITY OF KENAI- DOCK RATE SCHEDULE
Linda L. Snow, City Manager
April 28, 2005
KENAi HARBOR RATE SCHEDULE
The City Manager shall establish the fees, rates, and charges for the billing and
collections for the support of the harbor. The City Manager reserves the right to
change the rate schedule at any time. There is a 5% sales tax added to the total
invoice (3% City and 2% Borough).
RATE SCHEDULE SUMMARY
t. 1' I Non-product wharfage (ice, nets, staples, etc.)
Product wharfage (w/crane; w/o forklift)
$ 0.07/lb
0.04lib.
i I Purchases Purchases Purchases
Under 500 500 gal. 2000 gal.
Gallons or more or more
2. Fuel Gasoline Regular 2.306 2.256
State Marine Tax .050 .050
Federal Tax .184 .184
1. Total S/gal. 2.54 2.49
Diesel #2 2.52 2.47 2.42
State Marine Tax .05 .05 .05
,,.
Total s/gal. 2.57 2.52 2.47
*NO TE: discounts for volume purchases are for one vessel at a time.
~. 3. i Used Oil Dumping $1.00/gal.
0-10 min = $15 00
4. Boat Launch Ramp .~ . .
Includes Parking with Trailer Each min. over 10 min. - $1.00/min.
Seasonal pass per boat = $150/season
5. Parking Only
(If with trailer, must pay launch fee) $10.00/day
Seasonal Pass for Parking $100.00/Season
'6. Tie Up Fee A. Skiffs tied to land side of concrete dock $7.00/day
Seasonal Pass per boat $150/season
B. Boats tied to buoy in river $10.00/day
7. Forklift w/Operator (1/2-hr. minimum) $50.00/hr.
8. City Labor Charges for call out (2-hr. min.) $40.00/hr.
19. I Other Items
See Dock Manager Prior to Use I
Department of Revenue State of Alaska
Tax Division, Gaming Group 2005 Gaming Permit Application
PO Box 110420 AS 05.15.020
Juneau, AK 99811-0420
Telephone 907.465.2320
This form is also available on the Intemet at www. tax. state, ak. us/forms, asp
ORGANIZATION INFORMATION
15ederal Employer IdenlJficafion Number (EIN) JPermit Number
.
Kenai Peninsula Racin Lions
Mailing Address
PO Box 2755
907-776-7021
Fax Number
E-Mail Address
drkouf acsalaska.net
TYPE OF ORGANIZATION. (Check one box. For definitions see AS 05.15.690 and 15 AAC 160.g95.)
J~.~.~ L;,v,c or ,Service ~L~ Labor ~ Political'
[~ Dog Mushers ~ Municipality ~ Religious
~ E.du.cational r-] Non Profit Trade Asso~..i.'a!ion ~ Veteran.s .
PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the
organization. Persons may not be licensed as an operator, vendor, or employee of a vendor.
Pdrnaq~ Members First Name
Lisa
Social Secure, ~,,mh~.
Home Mailing Address
PO Box 2923
C~ty
Kenai
Pdmary Member's Last Name
Kouf
Daytime Telephone Number
776-3591
Zip Code
99611
Has the pdmary member taken and passed the test? r'~Yes r--]No
Permit number under which the test was taken._ See attached test.
THESE QUESTIONS MUST BE ANSWERED. (See instructions.)
r'~ Yes r)q No
Alternate Member's First Name '
Chat
Social Securitv Number
Yes r)q No
We declare under penalty of
best of our knowledge and
attachments is
Alternate ~s Last Name
Soares
Daytime Telephone Number
283-9078
P( ,~' ~ox 9!2
c~ty Zip Code
Kenai 99611
Has the alternate member taken and passed the test? DYes DNo
Permit number under which the test was taken._ See attached test
Has any member of management or any person who is responsible for gaming activities ever been convi~__ed of a felony,
extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or diN~
or a violation of gambling laws?
Does any member of management or any person who is responsible for gaming activities have a pmhi~ conflict of
interest by 15 AAC 160.9547
/-
that we have examined this application, including any attachments, and that to the
and complete. We understand that any false statement made on this applicatkxt or any
/
Pdnted Name
Pre~'[dent or
Lisa Kouf
instructions.) Printed Name
Kirk Nickel
" correct amount.
The permit fee is based on 2004 estimated gross receipts. Make Checks Payable to the State of Alaska
L~J $0- $20,000 = $20.00 ~ $20,001- $100,000 = $50 E] $100,001 or more = $100
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
2005 Gaming Permit AppliCation
IOrganization Name
Kenai Peninsula Racing Lions
GAME TYPE. (Use for completing information below.)
r'"l Bingo
r~q Raffles
r"'l Puli-Tabs
r"'l Contest of Skill
r'"l Canned salmon classic
r-] Deep Freeze Classic
E] Dog Musher's Contest
DFish Derbies
r'"l Goose classic
r"l Ice classic
D King Salmon Classic
r-1 Mercury Classic
r-i Race Classic
ORain Classic
r'-'] Salmon Classic
ACTIVITIES CONDUCTED BY ORGANIZATION
Facility Name Physical Address
Twin City Raceway Shotgun Drive, Kenai, AK 99611
Raffles to be sold in the Kenai Peninsula Borough and Matanuska-Susitna Borough
Drawings will be held at the above listed facility
Permit Number
r-.--] Snow Machine Classic
~ Special Draw Raffle
r""l Animal Classic (Rat Race)
r"'l Animal Classic (Chicken)
Game Type(s
Raffle
Is Facility
[~Leased
E]Donated
E]Leased
r--]Donated
r--lLeased
~ Donated
r""lLeased
r-1 Donated
MANAGER OF GAMES. As defined in 15 AAC 160.995 and 15 AAC 160.365. (If you have indicated a seE-directed bingo or pull-tab game
above, then you need to appoint a manager below.).
Manager's First Name IM.I. IMan~jer's Last Name
Home Mailing Address
Social Security 'Number"
C~y
IDaytime Telephone Number
ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached.
Name of Vendor Physical Address
ACTIVITIES CONDUCTED BY OPERATOR
Name of Operator
Physical Address Game Type(s) Operator's Lic. No.
ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE
IName of MBP Physical Address Game Type(s) MPB Permit NO.
DEDICATION OF NET PROCEEDS. The organization must use the net proceeds from gaming activities for political, educational, civic, public,
charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your
organization will use the net proceeds from gaming activities. (Be specific.)
The proceeds will be used for charitable contribution within the local community, for example,
needy families and donations to other non-profit organizations and to improve the facilities that are
used by the organization.
Form 04-826 (Rev 09/04) Back
. enai Peninsula Borough
lay 3, 2005 - 7:00 p.m.
Assemb
Regular Meeting
City Council Chambers, Seward, Alaska
Superman
embly President
3 - NikisIa'
Expires 2007
~ Long
'embly Vice President
rt 6- East Peninsula
'm Expires 2006
Chay
embly Member
I - Kalifornsky
Expires 2006
tl Fischer
embly Member
t 7- Central
m EX~'~'~'.~ 2007
'emblY Member
rt 2. Kenai
'm Expires 2005
'Ii Martin
'embly Member
rt 9- South Peninsula
'm Expires 2006
rce Merkes
embly Member
t 5 - Sterling/Funny River
m Expires 2005
,is Moss
'embly Member
rt 8- Homer
'm Expires 2005
'e Sprague
'embly Member
rt 4- Soldotna
'm Expires 2007
Ao
Be
Ce
De
go
Fe
Ge
Ho
I®
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.
April 19, 2005 Special Meeting Minutes .................... 1
April 19, 2005 Regular Meeting Minutes ................... 4
COMMENDING RESOLUTIONS AND PROCLAMATIONS
le
Proclamation Declaring May 1 through May 7, 2005 as Municipal
Clerk's Week (Mayor) ................................. 18
e
Proclamation Declaring May 2005 as Motorcycle Awareness
Month (Mayor) ....................................... 19
e
A Resolution Commending Amy Collman as the Kenai Peninsula
Boys and Girls Club "Youth of the Year" (Long) ............ 20
A Resolution Honoring Melissa Olver as the Alaska PTA
"Educator of the Year" (Long) ........................... 22
PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total)
1,
2005 KPB Comprehensive Plan - Final Draft, Matt Hastie,
Cogan Owens Cogan
May 3, 2005 Page 1 of 7
J®
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (~ minutesper
speaker; 20 minutes aggregate)
K. REPORTS OF COMMISSIONS AND COUNCILS
L. MAYOR'S REPORT ................................................... 24
o
Agreement and Contracts
ae
Approval of contract with HCG, Inc. to review and complete Spill
Prevention Countermeasure Control Plans for Nikolaevsk and Chapman
Elementary Schools ......................................... 25
be
Approval of contract with Alaskan Industries, Inc. for Flooring
Replacement in Multi-Purpose Room at Seward Elementary ......... 26
Approval of contract with Tinker Creek Surveys for South Peninsula
Hospital Addition 2005 Surveying and Platting Services ............ 27
2. Other
ae
Letter from US Postal Service regarding Proposed New Main Post Office
in Clam Gulch, Alaska ....................................... 28
be
Investment Portfolio Report as of March 31, 2005 ................. 29
M. ITEMS NOT COMPLETED FROM PRIOR AGENDA
Ne
PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)
le
Ordinance 2004-.19-44: Appropriating Funds from the Kenai Middle School
Bleacher Project to the Seward Middle School Bleacher Project for New
Bleacher Placement and Redoubt Elementary School Fire Alarm Improvements
(Mayor) (Referred to Finance Committee) ............................. 31
e
Ordinance 2004-19-45' Accepting an Ambulance fi'om the Southern Region
Emergency Medical Services Council, Inc. on Behalf of Anchor Point Fire and
Emergency Medical Service Area and Appropriating a $10,000 Local Match
(Mayor) (Referred to Finance Committee) ............................. 34
e
Ordinance 2004-19-46: Appropriating Supplemental Funding to Cover Health
Insurance Cost in Excess of Budgeted Amounts (Mayor) (Referred to Finance
Committee) .....................................................
39
May 3, 2005 Page 2 of 7
o
Ordinance 2004-19..4.7.' Appropriating $1,176,940.95 to the Fiscal Year 2005
Road Service Area Capital Improvement Project Fund and Redirecting $75,000
from Previously Authorized Projects to Provide Additional Funding for the New
Projects (Mayor) (Referred to Finance Committee) ...................... 42
5~
Ordinance 2004-19-48: Accepting and Appropriating a Direct Lump Sum
Payment of $2,071,000 from the U.S. Forest Service to Implement the Spruce
Bark Beetle Action Plan (Mayor) (Referred to Finance Committee) ......... 47
o
Ordinance 2004-19-49: Accepting and Appropriating a State Grant in the Amount
of $45,000 for the Nikiski Community Center Renovations (Mayor) (Referred to
Finance Committee) ............................................... 54
o
Ordinance 2005-05 (Glick) Substitute.' Enacting KPB Chapter 5.19, Providing for
a Tramient Accommodations Tax and Providing for the Submission to the Voters
of a Proposition Authorizing the Borough to Impose this Tax (Glick) (First of Two
Heatings) (Referred to Policies and Procedures Committee) ............... 61
o
Ordinance 2005-09' Amending the Borough Code to Provide for Increased
Revenue Enhancement Measures Including Reducing the Senior Cifizen~isabled
Veterans Property Tax Exemption to the First $200,000 in Value of Real Property
Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to
2.5 Percent, Amending KPB 5.18 to Provide that Taxes on Recreational Package
Sales Shall be Calculated on a Per-Person Per-Day Basis, Imposing a Cap on the
Amount of Funds Held in the Land Trust Fund (Mayor) (Second of Three
Heatings) (Referred to Finance Committee) ............................ 81
,
Ordinance 2005-1.1.' Establishing Time, Place, and Manner Restrictions on
Semially Oriented Businesses in the Rural District of the Kemi Peninsula Borough
(Martin) (Referred to Lands Committee) ............................... 97
10.
Ordinance 2005-15.' Amending KPB 5.18.430 to Delete Subparagraph B, Which
Provides that Service Provided on Account are Taxed on a Maximum of $500 for
Each Billing Per Account (Chay) (First of Two Heatings) (Referred to Finance
Committee) .................................................... 125
11.
Ordinance 2005-17: Authorizing the Negotiated Sale of a Tax Foreclosure Parcel
Previously Retained for Public Purpose (Mayor) (Refe~ed to Lands Committee)
. .' ....................... · 128
May 3, 2005 Page 3 of 7
Oe
12.
Ordinance 2005-18' Authorizing Negotiated Leases of Space at the Kenai River
Center Building with the State of Alaska, Department of Natural Resources, and
the United State Environmental Protection Agency (Mayor) (Referred to Lands
Committee) .................................................... 159
13.
Ordinance 2005-19' Appropriating Funds for Fiscal Year 2005-2006 (Mayor)
(First of Two Heatings) (Referred to Finance Committee) ................ 191
14.
Ordinance 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006,
Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (First
of Two Hearings) (Refe~ed to Lands Committee) ...................... 196
UNFINISHED BUSINESS
P®
...R..esolution 2005-036. Determining the Amount to be Provided from Local
Sources for School Purposes During Fiscal Year 2005-2006 (Mayor) (Referred
to Finance Committee) ............................................ 200
NEW BUSINESS
1. Bid Awards
,
*a.
Resolution 2005-037: Authorizing Award of Contracts for Six, Group A,
Road Service Area Capital Improvement Projects (Mayor) (Referred to
Finance Committee) ........................................ 203
Resolutions
*a.
*b.
*¢.
*d.
Resolution 2005-038: Revising the Borough Records Retention Schedule
(Superman atthe Request ofthe Borough Clerk) (Referred to Policies and
Procedures Committee) ..................................... 207
Resolution 2005-03 9: Authorizing Extension of Contract for Banking
Services (Mayor) (Referred to Finance Committee) ............... 258
Resolution 2005-040: Authorizing a One-Year Extension of the Existing
Contract with East Road Services, Inc. to Manage the Eagle Lake Gravel
Site (Mayor) (Referred to Finance Committee) ................... 261
Resolution 2005-041' Authorizing the Acceptance of Late-Filed Senior
Citizen and Disabled Veteran Exemption Applications (Mayor) (Refemd
to Policies and Procedures Committee) ......................... 295
May 3, 2005
Page 4 of 7
3. Ordinances
*a.
Ordinance 2004-19-51,' Appropriating Supplemental Funding in the
Amount of $65,000 to Cover Costs Associated with Board of
Equalization Hearings (Mayor) (Shortened Hearing on 05/17/05)
(Referred to Finance Committee) ............................. 331
4. Other
*a.
Request for Formal Assembly Objection to the Renewal of Liquor
License for Kenai Joe' s in Kenai, Alaska, Because of Unpaid Taxes Due
the Borough (Referred to Finance Committee) ................... 333
Q®
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)
Re
ASSEMBLY MEETING AND HEARING ANNOUNCEME~S
May 17, 2005
07:00 PM Regular Assembly Meeting Soldoma
S. ASSEMBLY COMMENTS
We
PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)
o
Ordinance 2004-19-50' Accepting and Appropriating a Grant from the U. S.
Department of Homeland Security in the Amount of $8,271 for the Bear Creek
Fire Service Area for Fire Prevention and Safety (Mayor) (Hearing on 05/17/05)
(Refereed to Finance Committee)
e
Ordinance 2005-05 (Glick) Substitute,: Enacting KPB Chapter 5.19, Providing for
a Transiem Accommodations Tax and Providing for the Submission to the Voters
ora Proposition Authorizing the Borough to Impose this Tax (Glick) (Hearings on
05/03/05 & 05/17/05 (Referred to Policies and Procedures Committee)
ge
Ordinance 2005-09: Amending the Borough Code to Provide for Increased
Revenue Enhancement Measures Including Reducing the Senior Citizen/Disabled
Veterans Property Tax Exemption to the First $200,000 in Value of Real Property
Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to
2.5 Percent, Amending KPB 5.18 to Provide that Taxes on Recreational Package
Sales Shall be Calculated on a Per-Person Per-Day Basis, Imposing a Cap on the
Amount of Funds Held in the Land Trust Fund (Mayor) (Hearings on 04/19/05,
05/03/05 & 05/17/05) (Referred to Finance Committee)
May 3, 2005 Page 5 of 7
U®
,
Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local
and Out of Jurisdiction Service Providers (Chay) (Postponed until 05/17/05)
(Referred to Policies and Procedures Committee)
Se
Ordinance 2005-13' Amending KPB 21.26.030 (A)(3) to Clarify Conditions for
Material Site Permits (Chay) (Heatings on 08/02/05 & 08/16/05) (Referred to
Lands Committee)
Ge
Ordinance 2005-15' Amending KPB 5.18.430 to Delete Subparagraph B, Which
Provides that Service Provided on Account are Taxed on a Maximin of $500 for
Each Billing Per Account (Chay) (Hearings on 05/03/05 & 05/17/05) (Referred
to Finance Committee)
.
Ordinance 2005-19' Appropriating Funds for Fiscal Year 2005-2006 (Mayor)
(Heatings on 05/03/05 & 05/17/05) (Referred to Finance Committee)
Ordinance 2005-20' Repealing KPB 2.56.005 and Enacting KPB 2.56.006,
Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor)
(Heatings on 05/03/05 & 05/17/05) (Referred to Lands Committee)
o
Ordinance 2005-21.' Authorizing the Disposition of Certain Real Property Through
a Memorandum of Agreement Between the Kenai Peninsula Borough, the State
of Alaska Deparunent of Transportation and Public Facilities, and the State of
Alaska Department of Administration Enterprise Technology Service (Mayor)
(Heating on 05/17/05) (Referred to Lands Committee)
10.
Ordinance 2005-2,2..' Amending KPB 4.13.140(A) and 4.13.150(A) Regarding
the Scheduling of Elections Concerning Initiative and Referendum Petitions
(Superman atthe request ofthe Borough Clerk) (Hearing on 05/17/05) (Referred
to Policies and Procedures Committee)
11.
12.
Resolution 2005-029' Supporting the Continuation of the Kenai Spur Extension
Road Project (Mayor) (Postponed until 07/12/05) (Referred to Finance
Committee)
Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation -
Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Referred to
Finance Committee) (Tabled on 03/01/05)
INFORMATIONAL MATERIALS AND REPORTS
May 3, 2005 Page 6 of 7
ge
NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting ofthe Kenai Peninsula Borough Assembly will be held onMay 17, 2005, at 7:00
P.M. in the Borough Assembly Chambers, Soldotna, Alaska.
This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula),
K2 01A O-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, kenai, ak. us for copies of the agenda, meeting summaries,
ordinances and resolutions.
May 3, 2005
Page 7 of 7
~...~ E AGENDA
~ _ 7:00 P.M.
~y KENAI CITY COUNCIL CHAMBERS
~U.~L~S~ http://www.ci.kenai.ak.us
I5:00-7:00 p.m., BUDGET WORK SESSION
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Josie Hudson -- President, American Legion Auxilliary -- Poppy Week
Proclamation
ITEM F: PUBLIC HEARINGS
1. Ordinance No. 2087-2005 (Substitute) -- Amending KMC 23.40.030(f)
to Change the Amount of Leave Time an Employee Who Works the
Equivalent of a 56-Hour Work Week Must Take Per Year From 112
Hours to 84 Hours and Lowering From 80 to 60 Hours Per Year the
Amount of Leave Time That Must be Taken for Employees Working 40
Hours Per Week.. (Postponed from April 20, 2005 meeting.)
2. Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add
Qualification Pay of $300 for Fire Fighters Who Qualify as Fire
Apparatus Operators. (Tabled at April 20, 2005 meeting.)
3. Ordinance No. 2092-2005--Increasing Estimated Revenues and
Appropriations by $25,000 in the Senior Center Kitchen Capital Project.
4. Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include
an Exemption for Certain State Approved Relative Day Care Providers.
5. Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a
Definition of "Condominium."
6. Ordinance No. 2095-2005 --Increasing Estimated Revenues and
Appropriations by $650 for an Increase in Federal Grant for Wetlands
Protection.
7. Ordinance No. 2096-2005 --Increasing Estimated Revenues and
Appropriations by $2,740,085 in the Airport Land System Special
Revenue Fund and the Parallel Taxiway Capital Project Fund.
8. Resolution No. 2005-16 -- Expressing Support for KPB Ordinance
2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006,
Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan.
9. Resolution No. 2005-17 -- Awarding a Lease for One Fish Season
(May 15, 2005 to September 30, 2005) of Kenai Dock Stations No. 2 &
3 to Copper River Seafoods for the Seasonal Base Bid of $38,501 Plus
$0.03/Lb. Over 1,283,367 Lbs. Plus $500 Per Month for a Special Use
Permit for the Boat Storage Area.
10. Resolution No. 2005-18 -- Awarding the Bid to Grace Painting, Inc. for
Kenai Visitors Center Exterior Painting - 2005 for the Total Amount of
$11,070.
11. Resolution No. 2005-19 -- Transferring $25,500 in the Multipurpose
Facility Capital Project Fund for the Ceiling Insulation and Fire Barrier
Project.
12. Resolution No. 2005-20 -- Awarding the Bid to Chumley's Urethane,
Inc. for the Kenai Multipurpose Facility Ceiling Insulation & Fire Barrier
- 2005 for the Total Amount of $26,789.24.
13. Resolution No. 2005-21 -- Accepting the Donation to the City of Kenai
of Tract F, Leo T. Oberts Subdivision, by James A. and Jo Ann Elson.
14. Resolution No. 2005-22 -- Supporting the Governor's Proposed Use of
the Amerada Hess Settlement Earnings to Improve the State's and
Communities' Transportation System and Other Capital Improvements.
ITEM H: OLD BUSINESS
1. Discussion -- Lawton Acres (Continued from 4/20/05 meeting.)
2. Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and
B (Increase in Fees and Extension of Expiration Dates) (Continued
MAKE PACKETS
COUIqCZL PACKET D:i:$TI~BUT~ON
COUNC~.L MEE'I-J:NG bATE'
Mayo~/Council Attorney / Taylo~/$prin~ler/Kebschull
Clerk ~' City Mana~e~ / Public Works
Police Department /' Finance / En~inee~
Senior Center x/ Airport /~'Kim
Library ~' Parks & I~ecreation/' Clarion
Fire Department ~' 5chmidt ~ Mellish
VISTA / Olson (Mail) / KSRM
=... ... G~vis
A6ENDA D]:$TR]:BUT~ON
i
,Sewer Treatment Plant ,Streets
Shop Dock
I~uildin~/Maintenance Animal Control
War er/,Sew er Count er
DEL]:VER
Council Packets to Police Department Dispatch desk.
The Clarion, Davis, KSRM, Mellish & 5chmidt's Office will pick their packet up in
my office. Mail Representative Olson's to State Capitol, Room Z:~O, ,Tuneau (mailing
labels in C)¥no Label list). The portion of the agenda published by the Clarion
should be emailed as soon as possible after Noon on packet day. The camera-
ready agenda c:/myfiles/documents/minutes/agenda form for paper)is emailed to
I~enise at Pcn/nsu/a (/a~/on (at email folder Work Session/Special Meetings, or
Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda,
resolutions, ordinances for public hearing, and ordinances for introduction) are
usually emailed to me and ]: hold them in my HTML file. Place them onto the city's
website with Dreamweaver from there as soon .as possible before leaving the
office for the weekend.