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Home My WebLink About2005-09-21 Council PacketKenai City Council Meeting Packet September 21, 2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 21, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kcnaJ.ak.us ITEM A~.' CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B. , SCHEDULED PUI~LIC CO_M_M~-NT8 (10 minutes) Paul Gray -- Exploring Kenai Presentation. ITEM C: ITEM D' ,.ITEM E: ITEM F: UNSCHEDULED PI~_LIC COMMmNTS (3 minutes) REPORTS OF KP_~ ~_SS~.M_nLY, L]~.GISLATOR~ AND_ COUNC~_° REPORTS OF KENA~ CONV~-NTION &. VISITORS _hUla-AU BOAkD AND KENA~ CH2,_ M_n~.R OF COM_M~.RC? .,,PUBLIC HEARINGS ,, e , Ordinance No. 2115-2005-- Increasing Estimated Revenues and Appropriations by $9,900 in the Senior Citizens Fund for Kitchen Rental. Ordinance No. 2116-2005 -- Increasing Estimated Revenues and Appropriations by $64,750 in the General Fund for the Fire Department Physical Fimess Program. Ordinance No. 2117-2005 -- Increasing Estimated Revenues and Appropriations by $3,838 in the General Fund for Wildf~e Firefighting Equipment. . Ordinance No. 2118-2005 -- Increasing Estimated Revenues and Appropriations by $503,096 in the Kenai Soccer Park Capital Project Fund for a Federal Grant. . . . . , 10. ITEM G: . ITEM H: ITEM I: . e . , Ordinance No. 2119-2005 -- Amending Section 7.15.050(1) to Increase the Amount that Can be Spent on Purchases of Supplies, Material~, Equipment or Contractual Services Without a Competitive Bid Process from $10,000 to $25,000. Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances that Can be Transferred in Line Item Accounts Without Approval of the City Council from $2,500 to $$,ooo. a~ Substitute Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances That can be Transferred in Line Item Accounts Without Approval of the City Council From Less Than $2,500 to Less Than $$,000. Ordinance No. 2121-2005 -- Amending Section 7.15.030(a) of the Kenai Municipal Code to Increase the Amount of Purchases Requiring Prior Council Approval From $2,500 to $1 $,000. Ordinance No. 2122-2005 -- Increasing Estimated Revenues and Appropriations by $290,000 a State of Alaska Grant for Public Improvements. Ordinance No. 2123-2005 -- Increasing Estimated Revenues and Appropriations by $790,000 a State of Alaska Grant for Road and Sewer Improvements. Resolution No. 2005-46 -- Setting the Public Hearing Date on the Proposed Set Net Drive (From VIP Drive to Watergate Way) Paving District. MINUTES *Regular City Council Meeting of September 7, 2005. OLD BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2124-2005 -- Increasing Estimated Revenues and Appropriations by $6,388 in Two Senior Citizen Funds. *Ordinance No. 2125-2005 -- Amending the Official Kenai Zoning Map by Rezoning Tract A and Tract B, Gusty Subdivision, Addition No. 2, From Conservation (C) to General Commercial (CG). , , Approval -- Tidelands to be Made Available for Shore Fishery Lease (Within Boundary of Alaska Tidelands Survey 272). Approval-- Boys & Girls Club Management Agreement-- Two-Year Renewal. , . e Approval-- Airport Mission and Vision Statements Approval-- Lease of Building & Grounds/Lot 3, Block 17, Original Townsite of Kenai -- Sublease of Premises From Kenai Historical Society, Inc. to Messianic Fellowship of Kenai. Approval-- Kenai Municipal Airport/General Aviation Vehicle Parking Proposal. 10. Approval -- Amendments to Airport Regulations, 6.05.020, Short-Term Parking Area. ITEM J: .C. OMMISSION / COMM!TT~.~'. I~'.PORT~ . 2. 3. 4. 5. 6. 7. CounCil on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee ITEM K: ITEM L: ..REPORT OF THE M&YOI~ ~ADMINISTRATION RRPORT~ 1. City Manager 2. Attorney 3. City Clerk .ITEM M: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUT~ SESSION- None Scheduled ITEM N: ADJOURNMENT SEPTEMBER 21, 2005, 2005 REGULAR COUNCIL MEETING CHANGES: REOUESTED BY: SUBSTITUTE: F-2, Ordinance No. 2116-2005 -- Change in the title and first whereas. ADMINISTRATION SUBSTITUTE: 1-2, Purchase Orders ExceedinE $2,500 -- Addition of Purchase order to Mikunda, Cottrell for the audit. ADMINISTRATION SUBSTITUTE: 1-8, Approval/Lease of Bufldin§ & Grounds/Kenai Historical Society, Inc. to Messianic Fellowship of Kenai (lease and sublease changed with a paragraph Deleted). ADMINISTRATION ADD AT: J-S, Parks/k Recreation Commission Report -- Ryan C. Lawrence application for commission appointment consideration. MAYOR PORTER ADD AT: K-Mayor's Report -- PP written report. MAYOR PORTER CONSENT AGENDA No changes. MAYOR'S REPORT Z 0 I- 1.1.1 1.1.1 0 w~;n,'(.9 ca Z 0 ,,xploring Kenai A Communit Based Show Commercial Fishing, Dipnetting, Educational Fishing Past, Present, and Future A quality approach to benefit your community has never been made more affordable or easy to incorporate in your marketing plans, until now. The successful weekly television show Exploring Alaska, produced by Paul Gray, now offers show segments to feature your Alaskan community. Just imagine a reusable marketing piece produced to your satisfaction for a one time investment. Not a traditional commercial show, but a creative, product placement. Paul and his production team will focus the camera on the areas of your community that you want the world to see. The truth is, Exploring Alaska is viewed by over 80 million people nationwide, and over 20 million people in Europe and North Africa every week. ALL PRICES INCLUDE PRODUCTION AND BROADCAST TIME Regardless of how much time you purchase, the entire show will be about your community. · Your investment per minute is only $1250.00 ABC Statewide Distribution - KIMO Anchorage - KTAN Fairbanks -KJUD Juneau Dish Satellite Colours Channel - America One Channels - Ben Satellite Europe YOU'LL REACH 50% OF ALL HOUSEHOLDS COAST TO COAST · Digital format ensures easy distribution and multiple ways to benefit from your show segment. · Professional writers, narrators and music · Media affidavit provided to prove airing of your show segment · Retail DVD created for distribution through convention & toUrism bureaus and other marketing associations · Advertised through Exploring Alaska website for one year free Terms: 50% down, balance upon proof acceptance. Showcase your community by contacting Karen Berriochoa at (907)335-0069 Exploring Alaska Television Show 35555 Kenai Spur Highway # 232 Soidotna, AK 99669 (907)262-9008 ExploringAlaska.com From: MIKE MARKWELL <sisonp@msn.com> To: <paulgray@kenai.net> Date-' Tuesday, Hay 10, 2005 8:37 AM Subject: Update - ,. Wed, Jun ;, '005 11'03 PU Paul ! wanted to give you an update .on the number of households'and number of times per week that Exploring Alaska is being broadcast. Colours TV is part of the basic package on the D]:SH network plus it' is broadcast on cable systems in Southern California, South Florida and the Colorado Springs market. Collectively this is over 18 million households. The show airs 8 times per week. Monday at 12'30P, $:30P l10:30P Wednesday at 6:30P, 12'30A, 'S.unday at 1P, 6P and midnight. All times are EST. www.colourstv.com < http ://www. colou rstv. com> . · Urban America TV the show starts in 3une. UATV has affiliates in over 70 markets reaching over 22 million households. The show will air 3 times per week. Monday at 5'30P and midnight and on Saturday at :tI:30A " www. urbana mericatv, com< http ://www. urbana mericat'v, com> America One Network the show starts in June. America One has affiliates in over 120 markets reaching over 30 .million households. America One will also make the show available via America One Sports which provides programming to about 15 regional sports networks. The time is prime time Sunday at 8:30P. www.americaone.com < http'//www.americaone.com> BEN TV reaches over 40 million households throughout Europe and also reaches into North and midwest Africa. Showtime$ vary month to month. Their web$ite.i$ www. bentelevision.com <http://www.bentelevision.com> I..am also please to tell you that a contract is forthcoming for Exploring Alaska to air on Cable Channel 8 and NBC Digital. Right now that is about 100,000 homes. In the months it will include the entire island as it will be broadcast as well as cable. I have no doubt that Exploring Alaska will keep getting picked up by additional broadcasters and eventually find a home on Travel Channel or Discovery Networks. ! think also there is a good opportunity for the show to be picked up in some Asian markets as there has been some expressed interest from broadcasters. Keep up the great work. thanks Page 1 of 2 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2115-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $9,900 IN THE SENIOR CITIZENS FUND FOR KITCHEN RENTAL. WHEREAS, a/temative kitchen faculties are needed for a period of up to 90 days while the Senior Center ldtchen is being remodeled; and, WHEREAS, the American Legion has offered their kitchen facilities at a rate of $110 per day; and, WHEREAS, the American Legion has generously offered to donate $90 of the daily rent back to the City; and, WHEREAS, the net daily rate of $20, totaling $1,800 is available for appropriation in the fund balance of the Senior Citizen Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Senior Citizen Fund Estimated Revenues: Donation Appropriation of Fund Balance $8,100 1,800 $9.900 · Appropriations: Rentals $9,900 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21't day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Financ.. -~ (08 / 30/2005) hl Introduced: September 7, 2005 Adopted: September 21, 2005 Effective: September 21, 2005 KENAI SENIOR CENTER Helping People Age with Dignity CITY OF KENA! MEMORANDUM TO' Chuck Kopp, Acting City Manager FROM: Rachael Craig Director DATE: September 16, 2005 REFERENCE: Kitchen Rental Blazy contractors are working on construction of the kitchen renovation project. During the week of September 19, we will be relocating our kitchen to the American Legion and placing equipment and supplies in a storage tote. American Legion has agreed to rent space of $100/day, plus an additional $10.00 for utilities. On completion of the kitchen project, American Legion has stated they will donate the rental fee minus $10.00 for utilities back to the Senior Center. We are hoping the rental time will be no longer than 90 days. During the 90 days, our kitchen staff hours will be from 7:30a. m.- 3:30p.m, with the majority of their time being spent at the American Legion. They will prepare food at the American Legion, bring the food to the Senior Center, and serve it from the steam table. We will continue to have our congregate meals beginning at 12'00p.m, serve buffet style, with a small salad bar on Wednesdays. 361 SENIOR COURT · KENai, AlaSka 99611 TElePhONe: (907) 283-4156 · fax: (907) 283-3200 · E-mail: senior@ci.kenai.ak.us Suggested by: Administration CITY OF K~IVAI ORDIN*AN'CE N'O. 2116-200,5 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $64,750 IN THE GENERAL FUND FOR A FIRE DEPARTMENT PHYSICAL FITNESS PROGRAM. WHEREAS, the City of Kena/has received the FY05 Assistance to F/refighters Grant in the amount of $64,750; and, WHEREAS, the grant is to be used for physical fitness equipment, recordkeeping, and health screen/ng for firefighting personnel; and, WHEREAS, the requ/red match of $3,237 is available/n the General Fund Contingency account; and, WHEREAS, it is in the best interest of the City of Kenaj to ut/1/ze the grant funds for the stated purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: S--ection 1' The following budget transfers be made: G__~en eral Fund From: Non'Departmental_ Contingency $3,237 To: Fire-- Small Tools and Minor Equipment $3,237 S__ection 2' That estimated revenues and appropriations be increased as follows: Gener_al_ Fund Estimated~evenues: Federal Grants //61.513 Appropriations: .... Fire Departments_ Small Tools & Minor Equipment $57,238 Professional Services 4 2_~~75 $61,513 Ordinance No. 2116-2005 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (08 / 30 / ~OOS) ~ Introduced: Adopted: Effective: September 07, 2005 September 21, 2005 September 21, 2005 CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666. (907) 283-8171 fax e-mail: kfdept@ci.kenai.ak.us Date: September 1, 2005 To: Acting City Manager Kopp From: Fire Chief Tilly ~ Re: Homeland Security Grant The Department of Homeland Security's (DHS) Office of State and Local Government Coordination and Preparedness (SLGCP is t responsible for prenarin,, t~ .... -._~ .) . he federal government's lead regional authorities-to ~td~,.~_o,n ~ag,a~nst terrorism by assistin~ states , nd-'~ov,,-~, to terrorist acts. The SLGCP provides a broad array of assistance to America's first responders through funding, coordinated training, exercises, equipment acquisition, and technical assistance. DO~.ne o..f SLGCP,s major responsibilities is implementing Homeland Security Presidential recnve-8 (HSPD-8). Under this directive, President George Bush directed DHS to establish a National Preparedness Goal. Spearheaded by SLGCP, this effort brings together experts from federal, state, and local .government to set national preparedness priorities and to integrate federal preparedness.pro.ms into a more coordinated system to achieve the goal of a better prepared America. One of the major components of State and Local Government Coordination and Preparedness is in the area of"Grants and' Technical Services". The "Assistance to Firefighters Grant Program" provides funds to local fire departments to purchase firefighting equipment, fund. f'n:efighter health and safety programs, enhance emergency medical service programs and conduct fire education and prevention programs. Beginning in 2001 the Kenai Fire Department began apply/ng for these grants. In 2001 we were awarded $72,000 to replace all the air packs in our department. In 2002 we asked for and were denied a grant to replace.an ambulance ($140,000). In 2003 we asked for a utility vehicle and were denied ($45,000). In 2004 there was a sizable request made in multiple categories, of the grant including a $605,153 request to outfit the City of Kenai Emergency Operations Center. That year we were awarded $45,000 for mobile repeaters. This year's focus within the granting process was "Operations and Safety" which included Firefighter Health and Safety Programs. We were notified that we were awarded a $64,750 grant to support this effort. Pg. 2 D HS grant The firefighter health program is very comprehensive and includes on duty mandatory physical fitness training. Additionally, it provides facility access to all of the Public Safety personnel in the City. This grant will allow us to properly outfit and design a room for physical fitness training, train individuals on proper use of the devices, proper eating habits and promoting healthy life styles. The primary objectives of this program will be' le Develop a syllabus for the training and education of personnel in wellness and fitness programs. 2. Acquire and put into service the equipment necessary to permit basic aerobic and strength training. ge Develop a mechanism to evaluate all personnel for determining appropriate individual wellness and fitness programs, based upon the individual's current level of fitness. 4. Implement the individual participant's evaluation and program design while monitoring participation and encouraging productive results of each participant. Currently, the Fire Department budgets to have its 15 member staff examined and evaluated during a full physical once every 2 years along with an initial physicians exam prior to employment. Approximately $7,000 a year is invested in tracking and monitoring the physical well being of our employees. This Health and Wellness program will enhance the overall wellbeing of the department by focusing health and physical training needs toward individuals to meet the rigors of their demanding profession. We are excited about this grant opportunity and are committed to making this a successful part of our entire public safety fitness program. SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2116-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $61,513 AND TRANSFERRING $3,237 IN THE GENERAL FUND FOR A FIRE DEPARTMENT PHYSICAL FITNESS PROGRAM. WHEREAS, the City of Kenai has received the FY05 Assistance to Firefighters Grant in the amount of $61,513; and, WHEREAS, the grant is to be used for physical fitness equipment, recordkeeping, and health screening for flrefighting personnel; and, WHEREAS, the required match of $3,237 is available in the General Fund Contingency account; and, WHEREAS, it is in the best interest of the City of Kenai to utilize the grant funds for the stated purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1' The following budget transfers be made: General Fund From: Non-Departmental- Contingency $3,237 To: Fire- Small Tools and Minor Equipment $3,237 Section 2: That estimated revenues and appropriations be increased as followS: General Fund Estimated Revenues: Federal Grants $61.513 · Appropriations: Fire Departments- Small Tools & Minor Equipment Professional Services $57,238 4,275 $61.513 · Ordinance No. 2116~2005 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21~t day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance' (08 / 30/2005) ~d Introduced: Adopted: Effective: September 07, 2005 September 21, 2005 September 21, 2005 Suggested by: CITY OF KENAI ORDINANCE NO. 2117-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,838 IN THE GENERAL FUND FOR WILDLAND FIREFIGHTING EQUIPMENT. WHEREAS, the City of Kenai has received a U.S. Fish and Wildlife grant for wildland firefighting equipment; and, WHEREAS, the required match of $426 can be provided in the current Fire Department budget; and, WHEREAS, it is in the best interest of the City of Kenai to utilize the grant funds for the stated purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Estimated Revenues: Federal Grants $3,838 Appropriations: Fire- Small Tools & Minor Equipment $3,838 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21~t day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (08 / 30 / 2005) hl Introduced: Adopted: Effective: September 07, 2005 September 21, 2005 September 21, 2005 CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666- (907) 283-8171 fax e-mail: kfdept~ci.kenai.ak.us Date: September 1, 2005 To' Acting City Manager Ko~pp From' Fire Chief Tilly I~ Re: US Fish and Wildlife Grant In past years, State Forestry has. implemented a loan program for forestry fire fighting equipment. This loan program allowed area fire departments to acquire the needed tools and equipment to outfit structural apparatus with brush fire type gear. Upon conclusion of the fire season, the equipment was returned, inventoried and stored until the following year. State Forestry abolished this program 'for internal reasons related to manpower. To help accommodate lOcal departments, a grant process was developed by the U.S.. Fish and Wildlife Service to help meet their summer needs. The Fire :-.' Department applied for, and was granted a $4264.00 grant, This.:. grant: is a 10% matching grant that will allow us to purchase brash fire :.. fighting equipment that we need for summer operations. I had not budgeted for the matching part of this grant but I have funds aVaiI'able, in my small tools budget that could be used for this typ'e'!..of pUrchase. As an added benefit, some of this equipment will replace ageing tools purchased years ago, and have multi-use functionS.enabling.them to stay on the apparatus year round. Suggested by: Admlnl~rauon CITY OF KENAI ORDINANCE NO. 2118-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVEN~S AND APPROPRIATIONS BY $251,548 IN THE GENERAL FUND AND $503,096 IN THE KEN~ SOCCER PARK CAPITAL PROJECT FUND. WHEREAS, the City of Kenai was awarded a grant of $251,096 from the National Park Services under the provisions of the Land and Water Conservation Fi.tnd for the development of soccer fields on a portion of Section 36; and, WHEREAS, the estimated total cost of the project is $503,096 and the 50% match required is $251,548; and, WHEREAS, the City's match is available, after accruing FY2006 estimated revenues, in the General Fund, ~und Balance Designated for Athletic Expenditures. WHEREAS, it is the best interest of the City of Kenai to develop soccer fields on the twenty-five (25) acres noted above. 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- Designated for Athletic Expenditure 251,548 Increase Appropriations' Transfer to Capital Project 251,548 Kenai Soccer Park Capital Project Fund Increase Estimated Revenues: Grant Transfer from General Fund $251,548 251,548 $503:096 Increase Appropriations' Construction $503.096 · ~ 10 Ficlal~o Avenue, Kenai, Alas~ 99611-?79~ Telephone: 907-~-8~-~69~ / FAX: 907-~8~-~69~ KENAI. ALASKA To: From: Date: RE: Charles M. Kopp, Acting City Manager Robert J. Frates, Parks & Recreation Directot~;~ August 30, 2005 LWCF Grant The City of Kenai has successfully completed the documentation required to secure the Land and Water Conservation Fund grant for the Kenai Soccer Park project. The estimated project cost is $503,096 and the local share (50%) of the total cost is $251,548. Joy Bryan-Dolsby, Grant Administrator & Alternate State Liaison Officer, has informed me that the 12% Administrative Fee has been removed from this grant cycle. Therefore, our share of the project will be $251,548 rather than the $310,679 as originally thought. The in-kind services mount to approximately $58,427 and are in addition to the $503,096. We will continue to look for other possible in-kind services along the way. If the Kenai City Council approves an Ordinance appropriating the necessary funds, we will begin developing the bid documents so that construction work (clearing) can be initiated during late winter with the remainder of the work occurring throughout the summer months. BUDGET INFORMATION: Architectural and engineering fees Construction Contingencies TOTAL PROJECT COST $58,835 378,900 65,361 $503,096 Daubenspeck General Funds for Parks & Rec. (currem) Daubenspeck General Fund earnings projected within 11.5 months TOTAL LOCAL SHARE $178,200 73,348 $251,548 TOTAL FEDERAL SHARE $251,548 CITY OF KENAI Suggested b~. ORDINANCE NO. 2119-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 7.15.050{1) TO INCREASE THE AMOUNT THAT CAN BE SPENT ON PURCHASES OF SUPPLIES, MATERIALS, EQUIPMENT OR CONTRACTUAL SERVICES WITHOUT A COMPETITIVE BID PROCESS FROM $10,000 TO $25,000. WHEREAS, KMC 7.15.050(1) provides that purchases of supplies, materials, equipment or contractual services in an amount over $10 000 are subject to competitive bidding; and, ' WHEREAS, for purchases less than $25,000, the City is able to obtain the best pricing through methods other than competitive bidding; and, WHEREAS, it is in the best interest of the City of Kenai to raise the limit on purchases of supplies, equipment, materials and contractual services that can be purchased without competitive bidding from $10,000 to $25,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.15.050(1) is amended as follows: 7.15.050 Purchases, when competitive bidding not required. The following may be purchased without giving an opportunity for competitive bidding: (1) Supplies, materials, equipment, or contractual services whose cost does not exceed [$10,000] $25,000 in a single transaction; PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of September, 2005. ' ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 7, 2005 September 21, 2005 October 21, 2005 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-753S FAX 907-283-3014 MEMORANDUM To' Through. From' Date' Re: Charles M. Kopp, Acting City Manager Jack LaShot, Public Works Manager~~ Robert C. Springer, Building Official September 8, 2005 Competitive Bidding Process Competitive bids for projects that have significant costs, such as over $100,000 and equipment bids provide needed competition resulting in lower prices. Competitive bids for smaller projects such as anything under $25,000 actually have a negative effect. Common sense suggests any competitive bidding would rosuit in lower pdces, however I have seen the exact opposite happen, prices actually increase. Projects from $25,000 to $100,000 may or may not have lower prices depending on the type of proiect. When a maintenance project comes up we typically take it to a local contractor for price quotes. If the quotes am over $10,000 then we spend from 2 to 4 days of city personnel time putting together bid specs for a competitive bid process. Then it takes at least 30 days for a bid opening and then another week for Council approval, this whole process can take 8 to 12 weeks just to get a project to the contractor to start work. The contractors that provided the original price quotes typically raise their price about 15% when they competitively bid the project. Them are several probable masons for this increase: . Smaller contractors am discouraged about the increased paperwork and insurance mquiroments and charge accordingly. . The 8 to 12 week delay from when a contractor initially provides a price quote and the bid opening date can increase material costs or contmctom have had to make other commitments that they must break to do the City's project. o , Competitive bidding makes known publicly who is interested in a project thus a contractor who knows who their competition is will raise their price knowing that the competition will be bidding higher or in some cases if no one is interested in bidding a smaller project the contractor then knows he has no competition and will increase his price. Bid specs create a more restrictive guideline to follow thus stopping the benefits of design/build bidding by the contractor, increasing his costs and his price. The following are some examples of City projects that, after competitively bidding, the cost of the project increased: 1. Standpipe installation. Initial quote $19,060 after competitive bid $22,334. 2. Gym floor resurface/repair. Initial quote $16,320 after competitive bid $19,127 3. Roof top heater replacement. Initial quote $19,421 after competitive bid $20,3'~8. 4. Exterior repainting. Initial quote $11,345 after competitive bid $14,050. I estimate that 90% of ali maintenance projects come in under $25,000. With the increasing costs most projects are now coming in over $10,000, so an increase in the competitive bidding threshold would save employee time and money. Suggested by: k;ounc~l CITY OF KENAI ORDINANCE NO. 2120-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.25.020(a) BY INCREASING THE AMOUNT OF UNENCUMBERED BALANCES THAT CAN BE TRANSFERRED IN LINE ITEM ACCOUNTS WITHOUT APPROVAL OF THE CITY COUNCIL FROM $2,500 TO $5,000. WHEREAS, KMC 7.25.020(a) limits the amount of money in unencumbered balances that can be transferred in line item accounts without approval of the City Council to $2,500; and, WHEREAS, operational efficiency will be improved by increasing the transfer limit to $5,000; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 7.25.020(a) by raising the amount of money in unencumbered balances that can be transferred in line item accounts from $2,500 to $5,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.25.020(a) is amended as follows: 7.25.020 City budget control. (a} After approval by the Finance Director as to availability of unencumbered balances, transfers in amounts less than [TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS] $5,000 may be made in line item accounts within a Fund without approval by the City Council. The City Clerk may make such transfers within the Department of the City Clerk, and the City Attorney may make such transfers within the Department of Law. The City Manager may make such transfers in all other areas except in the Legislative Department. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 7, 2005 September 21, 2005 October 21, 2005 Suggested by: Council CITY OF KENAI ORDINANCE NO. 2120-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.25.020(al BY INCREASING THE AMOUNT OF UNENCUMBERED BALANCES THAT CAN BE TRANSFERRED IN LINE ITEM ACCOUNTS WITHOUT APPROVAL OF THE CITY COUNCIL FROM LESS THAN $2,500 TO LESS THAN $5,000. WHEREAS, KMC 7.25.020(a) limits the amount of money in unencumbered balances that can be transferred in line item accounts without approval of the City Council to $2,500; and, WHEREAS, operational efficiency will be improved by increasing the transfer limit to $5,000; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMc 7.25.020(a) by raising the amount of money in unencumbered balances that can be transferred in line item accounts from $2,500 to $5,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.25.020{a) is amended as follows: 7.25.020 City budget control. (a) After approval by the Finance Director as to availability of unencumbered balances, transfers in amounts less than [TWO THOUSAND FIVE HUNDRED ($2,500.001 DOLLARS] $5,000 may be made in line item accounts within a Fund without approval by the City Council. The City Clerk may make such transfers within the Department of the City Clerk, and the City Attorney may make such transfers within the Department of Law. The City Manager may make such transfers in all other areas except in the Legislative Department. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21~t day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 7, 2005 September 21, 2005 October 21, 2005 ., .... 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX' 907-283-3014 www.ci.kenai.ak.us KENAI. ALASKA MEMORANDUM TO' FROM~'~// DATE' RE' Chuck Kopp, Acting City Manager Cary R. Graves, City Attomey September 15, 2005 Ordinance No. 2021-2005 -- SUBSTITUTE Attached is a substitute ordinance that includes a correction to the title of the ordinance only. The words "less than" were inserted before $2,500 and $5,000 to match the wording of the text of the ordinance. c}m/sp Attachment CITY OF KENAI Suggestect ay: c;ouncli ORDINANCE NO. 2121-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING SECTION 7.15.030(a) OF THE KENAI MUNICIPAL CODE TO INCREASE THE AMOUNT OF PURCHASES REQUIRING PRIOR COUNCIL APPROVAL FROM $2,500 TO $15,000. WHEREAS, KMC 7.15.030(a) requires the Council to give prior approval for most purchases of supplies, materials, equipment or contractual services in an amount of $2,500 or more; and, WHEREAS, the amount of the purchase limit has not be raised since 1995; and, WHEREAS, waiting for Council meetings for approval of purchases over $2,500 can delay purchases of needed equipment, supplies and services; and, WHEREAS, raising the amount to $15,000 will promote more efficient management and purchasing practices by limiting the delay in purchasing needed equipment, supplies and services; and, WHEREAS, it is in the best interest of the City of Kenai to raise the purchasing limit without prior Council approval from $2,500 to $15,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.15.030 is amended at follows: 7.15.030 When prior approval by Council is required. (a) (b) Every contract for, or purchase of, [$2,500] $15,000 or more of supplies, materials, equipment, or contractual services shall require the prior approval of the Council. The only exceptions will be: (1) Utilities bills (electricity, gas, fuel, and telephone); (2) City's routine investment purchasing; (3) Monthly payments for payroll deductions (i.e., income tax, F.I.C.A., retirement, and fringe benefits), including both employer's and employee's share; (4) Authorized debt; (5) Monthly contracted janitorial service. All such exceptions will be paid when they fall due and payments will be ratified by Council at the next regular Council Meeting. Ordinance No. 2121-2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 7, 2005 September 21, 2005 October 21, 2005 (8/23/05 sp) Suggested by: Admi CITY OF KENAI ORDINANCE NO. 2122-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $290,000 FOR A STATE OF ALASKA GRANT FOR PUBLIC IMPROVEMENTS. WHEREAS, the State of Alaska awarded a grant of $290,000 to the City of Kenai for public improvements; and, WHEREAS, the City Council identified the following improvements: Municipal Park New Water Wells Lief Hansen Park Sprinkler Fire Hydrant- Well in VIP Skateboard Park Total $125,000 72,000 50,000 33,000 10,000 $ . o,ooo WHEREAS, it is the best interest of the City of Kenai to utilize these grant funds for these improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: FY 2006 Public Improvements Capital Project Fund Increase Estimated Revenues: State Grant $290,000 Increase Appropriations' Construction $290,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21~t day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (08 / 30 / 2005) hl Introduced: Adopted: Effective: September 7, 2005 September 21, 2005 September 21, 2005 Suggested by: Admin: CITY OF KENAI ORDINANCE NO. 2123-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $790,000 FOR A STATE OF ALASKA GRANT FOR ROAD AND SEWER IMPROVEMENTS. WHEREAS, the State of Alaska awarded a grant of $790,000 to the City of Kenai for Road and Sewer; and, WHEREAS, the City Council identified the following improvements' LID's $640,000 City Parking Lot 100,000 New Street Lights 50,000 Total $790,000 WHEREAS, it is the best interest of the City of Kenai to utilize these grant funds for these improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows' FY 2006 Street/Sewer Capital Project Fund Increase Estimated Revenues: State Grant $790,000 Increase Appropriations' Construction $790,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (09 / 01/2005) hi Introduced: Adopted: Effective: September 7, 2005 September 21, 2005 September 21, 2005 Suggested by: Ci~ CITY OF KENAI RESOLUTION NO. 2005-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA, SETTING THE PUBLIC HEARING DATE ON THE PROPOSED SET NET DRIVE (FROM VIP DRIVE TO WATERGATE WAY) PAVING DISTRICT. WHEREAS, the City of Kenai has received a petition to form a special assessment district in the above-mentioned paving project; and, WHEREAS, the Council must set a date of public hearing on the proposed assessment district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the date of the public hearing on the proposed Set Net Drive Paving Special Assessment District be set for November 2, 2005. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 ~t day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk clf CITY OF KENAI PUBLIC NOTICE A public hearing will be held beginning at 7:00 p.m. on November 2, 2005 in the Kenai City Council Chambers at Kenai City Hall for the purpose of discussion of a proposed assessment district for paving improvements on Set Net Drive (from VIP Drive to Watergate Way). A preliminary assessment roll is on file with the City Clerk. Objections to the proposed assessment district may be filed in writing with the City Clerk prior to November 2, 2005 at 210 Fidalgo Avenue, Kenai, Alaska, 99611-7794 or cfreas@ci.kenai.ak.us. Objections may also be voiced at the public hearing. The properties included in the preliminary assessment roll are: Parcel # Legal Description , 4941015 KN0770126 T5N R11W S17, VIP Country Estates Sub. Part 2 4941017 KN0790001 T5N R11W S17, VIP Country Estates Sub. Part 3 4941037 KN0840087 T5N R11W S17, VIP Country Estates Pt 4 4941023 KN0790001 T5N R11W S17, VIP Country Estates Sub Part 3 4941036 KN0840087 T5N R11W S17, VIP Country Estates Pt 4 4941024 KN0790001 T5N R11W S17, VIP Country Estates Sub Part 3 4941035 KN0840087 T5N R11W S17, VIP Country Estates Sub Part 4 4941025 KN0790001 T5N R11W S17, VIP Country Estates Sub Part 3 4941033 KN0840087 T5N R11W S17, VIP Country Estates Sub Part 4 4941031 KN0840087 T5N R11W S17, VIP Country Estates Pt 4 4941032 KN0840087 T5N R11W S17, VIP Country Estates Sub Part 4 Carol L. Freas, City Clerk Publish: 10/5/05, 10/12/05, 10/19/05, 10/26/05 D /2110 ~NAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 7, 2005 7:00 P.M. KENAI CITY COUNC~ CHAMBE~ htt: www. ci.kenai.ak.us 6:00 p.m., Board of Adjustment Hearing -- Appeal of Planning & Zoning Commission Denial of PZ05-46, an application to rezone the property known as a Portion of Government Lot 4 - T05N, R10W, S06 (That Portion of Gov. Lot 4 Beginning at NW Comer of GL 4 TH East 547.10 Ft to a Point of Intersection with Centerline of Kenai Spur Highway Th S 24 Deg 23'30' E along Centerline of Hwy 609.38 Ft Th N 65 Deg 36'30' E 100 Ft to Point on East), 5648 Kenai Spur Highway, from Rural Residential to General Commercial. Application submitted by Jay T. and William A. Snow, 5648 Kenai Spur Highway, Kenai, Alaska. Appeal fried by Jay T. and William A. Snow. ITEM A: CALL TO 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: , ITEM C: ITEM D: ITEM E: ITEM F: Xe . SCHEDULED PUBLIC COMMENTS (10.minutes) Emily DeForest/Kathy Heus -- Library Funding UNSCHEDULED PUBLIC COMMENTS (3 minutes) REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCII~ T_.S OF KRNAI CONVENTION &, VISITORS BUREAU AND KENAI CHAMBER OF COMMERCE PUBLIC HR_A~rI~IG~ Resolution No. 2005-43 -- Transferring $10,000 in the General Fund for Additional Code Enforcement Statrmg. Resolution No. 2005-44 -- Approving the Sale of Lots Five (5) and Six (6), Block Two (2), Evergreen Subdivision, K/m Addition. e , ITEM G: , ITEM H: , , , , ITEM I: lo e , , e , , Resolution No. 2005-45 -- Transferring $10,000 in the Airport Terminal Modification Capital Project Fund for Engineering Services for Expanded Itinerant Aircraft Parking at the Airport. RIIMOV~ OF OB, I~ION TO ¢ON'l'IlllItll¢l!l-- Kings Inn Property Management LLC, d/b/a Kings Inn Hotel, Restaurant. MINUTES *Regular City Council Meeting of August 17, 2005. *August 20, 2005 Strategic Planning Work Session Notes OLD BUSINESS Discussion -- Sale of City Wetlands to The Conservation Fund/Conservation Easement. NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 *Ordinance No. 2115-2005 -- Increasing Estimated Revenues and Appropriations by $9,900 in the Senior Citizens Fund for Kitchen Rental. *Ordinance No. 2116-2005 -- Increasing Estimated Revenues and Appropriations by $64,750 in the General Fund for the Fire Department Physical Fitness Program. *Ordinance No. 2117-2005 -- Increasing Estimated Revenues and Appropriations by $3,838 in the General Fund for Wildfire Firefighting Equipment. *Ordinance No. 2118-2005 -- Increasing Estimated Revenues and Appropriations by $503,096 in the Kenai Soccer Park Capital Project Fund for a Federal Grant. *Ordinance No. 2119-2005 -- Amending Section 7.15.050(1) to Increase the Amount that Can be Spent on Purchases of Supplies, Materials, Equipment or contractual Services Without a Competitive Bid Process from $10,000 to $25,000. *Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances that Can be Transferred in Line Item Accounts Without Approval of the City Council from $2,500 to $5,ooo. e _ . 10. *Ord/nance No. 2121-2005 -_ Amending Section 7.15.030(a) of the Kenai 'Mun/cipal Code to Increase the Amount of Purchases Requ/r/ng Prior Council Approval From $2,500 to $15,000. *Ordinance No. 2122-2005 -- Increasing Estimated Revenues and Appropriations by $290,000 a State of Alaska Grant for Public Improvements. 11. *Ordinance No. 2123-2005 -- Increasing Est/mated Revenues and Appropriations by $790,000 a State of Alaska Grant for Road and Sewer Improvements. 12. Approval -- October 4, 2005 City of Kenaj General Election/Precflact Election Boards. ITEM J: . 2. 3. 4. 5. 6. 7. ITEM K: ITEM L: . 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 ADMI~STRATION REPORTS City Manager Attorney City Clerk ITEM M: D_!SCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N~: ADJO~~NT KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 7, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBE~ http://www, ci.kenai.ak.u s MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. Porter commented on the need to offer hope and assistance to those impacted by Hurricane Katrina; noted the city has a disaster plan; and, referred to a summary of the plan available through administration. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Cliff Massie Pat Porter, Mayor Blaine Gilm__~ Joe Moore IJames N. Buffer, III Linda Swa_mer Absent was: Rick Ross A quorum was present. Also Present: Les Krusen, Student Representative A-3o AGENDA APPROVAL Mayor Porter noted the following information to be added to the packet: ADD TO: F-l, Resolution No. 2005-43 -- C. Kopp Memo, Code Enforcement Summary SUBSTITUTE: I-1, Corrected Payments over $2,500 needing Ratification (Change in explanation of Premera Blue Cross payment). MOTION: Council Member Moore MOVED to approve the agenda with the inclusion of the additional information noted and Council Member Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 2 VOTE: Student Representative Krusen: Yes MOTION PASSED UN~IMOUSLY. A.,4o MOTION: CONSENT Council Member Moore MOVED to approve the consent agenda as presented and Council Member Swarner SECO~ED the motion. There were no objections. SO ORDERED. ITEM B: - SCHEDULED PUBLIC COMMENTS ( 10 minutes) B-1 Emily DeForest/Kathy Heus -- Library Funding Kathy Heus, 4540 Kenaitze Court, Kenai -- Heus explained the Friends of the Library and Library Commission, over the last several years, had been working toward xpa ,io to a ,mw, r : arch, cont ca libraries. They a/so nave learnea grant funds are available, however in many cases, for the grant apphcation to be considered, an acknowledgement and commitment of matching funds from the municipality is needed. She requested council to consider a resolution to commit up to $500,000 for a library addition for them to use to pursue grant funding for the remainder of funds needed. Heus also noted, the Commission unanimously passed a motion to request the council for the resolution and they requested the library addition be placed on the city's capital improvement project request list as the number one priority. Council Member Gilman reported he attended the meeting and noted, a precedent had been set through grant funds received from the Legislature by the City of Homer to enlarge their library. Gilman added, the estimated cost for the addition would be approximately $2 million and he believed it would be good timing to bring the resolution forward -- if grant funds are not able to be raised, the city would not be out of any money. Acting City Manager Kopp reported administration would be bringing forw~d a draft capital improvement project plan (probably the second October meeting) and would be KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 3 identifying more than 20 projects from "wants" to "critical needs" along with a scoring system and identification of funding sources. He noted, he believed it important council review all the projects together, score them, identify funding sources, etc. before making any determinations. Council Member Swarner requested Heus forward potential grant sources to the City Clerk for inclusion in the packet of project information. Council Member Buffer suggested Heus forward wording for inclusion in a resolution as well. ITEM C' UNSCHEDULED PUBLIC COMMENTS-- None. ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS. Betty Glick, 1t501 East Aliak, Kenai -- Ms. Glick reported on actions taken at the September 6, 2005 Assembly meeting, noting grant appropriation approvals, etc. Discussion followed related to the Borough's involvement in the North Road expansion. ITEM E: REPORTS OF KENAI CONVENTION/k VISITORS BUREAU,,. BOARD AND KENAI CHAMBER OF COERCE Mya Renken, KCVB, 11471 Kenai Spur Highway, Kenai-- Renken gave a brief review of activities taking place at the Visitors Center. ITEM F: PUBLIC HEARINGS F-X. Resolution No. 2005-43 -- Transferring $10,000 in the General Fund for Additional Code Enforcement Staffing. MOTION: Council Member Gilman MOVED for adoption of Resolution No. 2005-43 and Council Member Buffer SECONDED the motion. There were no public comments. Kopp reviewed explanation information included in the memorandum added to the packet at the beginning of the meeting. He noted, justification of the position would be proven through complaints received, the position will be reviewed during the budget process, and council will have the ability to determine whether it should be continued or not at that time. Student Representative Krusen Vote: Yes VOTE: KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 4 MOUSLY. F-2. MOTION: Resolution No. 2005-44-- Approving the Sale of Lots Five (5) and Six (6), Block Two (2), Evergreen Subdivision, Kim Addition. Council Member Massie MOVED for approval of Resolution No. 2005-44. Council Member Swamer SECONDED the motion and requested UN~OUS CONSENT. There were no public comments. Gilman stated he would not support the resolution as he felt the property should not be sold at below market value unless a driving motivation identifies the need. It was also noted, the applicants were made aware of the planned soccer field placement in close vicinity; the Ever~re~_,~ up for sale in 1994 and there were no ~dders; there are 15 lots in the subdivision and b' ,,- --- properties had been seven were sold at discount; though the property will be sold at discount, a very nice home will be built which will be long-term income to the city through property taxes, etc. Yes VOTE: F-3. MOTION: Resolution No. 2005-45 -- Transferring $10,000 in the Airport Terminal Mod/fication Capital Project Fund for Engineering Serv/ces for Expanded Itinerant A/rcraft Parking at the Airport. Council Member Swarner MOVED for approval of Resolution No. 2005-45 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. KEN~ CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 5 There were no public comments. Airport Manager Cronkhite gave a brief explanation of the project. VOTE: There were no objections. SO ORDERED. F-4. REMOVAL OF OBJECTION TO CONTINUANCE -- Kings Inn Property Management LLC, d/b/a Kings Inn Hotel, Restaurant. Gilman reported a confhct with the issue and abstained from voting. There were no objections noted by Mayor Porter. City Clerk Freas gave a brief review, noting the continuance was based on tax delinquencies owed to the Borough for 2004, prior to January 31, 2005. MOTION: Council Member Moore MOVED to withdraw the protest and Council Member Buffer SECONDED the motion. Student Representative Krusen Vote: Yes VOTE: Massie Yes Buffer Yes Swarner Yes Ross Absent Gilman Abstain Porter Yes Moore Yes MOTION PASSED U~AN~OUSLY. ITEM G: MINUTES G-1. ReEular City Council Meeting of AuEust 17, 2005 -- Approved by consent agenda. G-2. AuEust 20, 2005 StrateEic Planning Work Session Notes -- Approved by consent agenda. ITEM H: OLD BUSINESS H-X. Discussion -- Sale of City Wetlands to The Conservation Fund/Conservation Easement. KEN~ CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 6 Council Member Buffer noted comments he received from the public were (1) concerns of selling the property and tying it up and (2) for what will the sale funds be used. Buffer also noted, the time restraints related to the appraisal and availability of funds were no longer applicable. Referring to comments made at the last meeting regarding the possibility of a conservation easement option to consider, he felt it would De' ' , m the c~ty s interest to retain ownership, or fee title interest in the property in order for the city to boast and market its ownership of the land along the Kenai River. He added, he would like to have the council explore how to best manage the funds for purposes of benefiting all the residents in the area. Council Member Massie requested an explanation of how the land would be used differently if it were leased or sold. He added, as he understood it, the property could not be used either way. Kopp referred to a memorandum from The Conservation Fund representative Brad Meiklejohn included in the packet. He noted, if the city sells the easement rights, the city, as property owner, would be held liability if the property were used in a manner outside of the easement agreement. Kopp stated, the possibility was a concern of administration and adding, there were many projects for which the funds could be used as matches. He suggested waiting to make a decision on use of the funds until the capital improvement projects plan is discussed in October. It was also noted, the offer of purchase from The Conservation Fund was good for one year. Council Member Moore stated he was also concerned with the easement concept; it would not be a lot of money received for the property; if the property is sold, it would be gone forever; the General Fund has an $8 million balance; thinks it is important to maintain ownership of the River property; and, he would be interested in listening to other proposals, but was not interested in doing anything with the property. Buffer suggested Attorney Graves discuss with the Fund, the basis of rights and responsibilities of a conservation easement and also suggested talMng with FAA regarding a property swap. Consensus of cOuncil was to delay consideration of the issue and collect additional information related to a conservation easement, i.e. how the arrangement would work, what the liabilities and responsibilities of the city would be, etc. ITEM I~ NEW BUS!!7~~ Bills to be Ratified MOTION: KEN~ CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 7 Council Member Buffer MOVED to ratify the bills marked Substitute I-1 and Council member Moore SECONDED the motion. There were no objections. SO ORDERED. Approval of Purchase Orders Exceeding $2,500 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. I-3o Ordinance No. 2115-2005 -- Increasing Estimated Revenues and Appropriations by $9,900 in the Senior Citizens Fund for Kitchen Rental. Approved by consent agenda. Ordinance No. 2116-2005 -- Increasing Estimated Revenues and Appropriations by $64,750 in the General Fund for the Fire Department Physical Fitness Program. Approved by consent agenda. Ordinance No. 2117-2005 -- Increasing Estimated Revenues and Appropriations by $3,838 in the General Fund for Wildfire Firefighting Equipment. Approved by consent agenda. Ordinance No. 2118-2005 -- Increasing Estimated Revenues and Appropriations by $503,096 in the Kenai Soccer Park Capital Project Fund for a Federal Grant. Approved by consent agenda. Ordinance No. 2119-2005 --Amending Section 7.15.050(1)to Increase the Amount that Can be Spent on Purchases of Supplies, Materials, Equipment or contractual Services Without a Competitive Bid Process from $10,000 to $25,000. Approved by consent agenda. I-8o Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances that Can be Transferred in Line KEN~ CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 8 Item Accounts Without Approval of the City Council from $2,500 to $5,000. Approved by consent agenda. I-9. Ordinance No. 2121-2005 __ Amending Section 7.15.030(a) of the Kenaj Municipal Code to Increase the Amount of Purchases Requiring Pr/or Council Approval From $2,500 to $15,000. Approved by consent agenda. 1-10. Ordinance No. 2122-2005 __ Increasing Estimated Revenues and Appropriations by $290,000 a State of Alaska Grant for Public Improvements. Approved by consent agenda. 1-11. Ordinance No. 2123.2005 __ Increasing Estimated Revenues and Appropriations by $790,000 a State of Alaska Grant for Road and Sewer Improvements. Approved by consent agenda. 1-12. Approval -- October 4, 2005 City of Kenai General Election/Precinct Election Boards. MOTION: Council Member Swarner MOVED to approve the persons listed as election board members for the October 4, 2005 City of Kenai/Kenai Peninsula Borough election and requested UNAN~OUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. ~O ORDERED. ITEM J: g-2. Council on Aging-- No meeting. Airport Commission __ Swarner reported the August meeting summa~ was included in the packet and the next meeting w/Il be held September 8, 2005. J-3. Harbor Commission __ Massie reported the next meeting would be held on September 12, 2005. Mayor Porter noted an application from Randy Canady for placement on the Commission was included in the packet There were no objections stated to Canady's appointment. · KEN~ CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 9 J-4. Library Commission -- Gilman reported the Commission met on September 6 where the desired library expansion was discussed; Efleen Bryson was welcomed as a new commissioner; Commissioner Jenckes reported he would be resigning from the Commission; and it was noted, Director Jankowska's last day would be September 10. J-5. Parks/h Recreation Commission -- Moore reported the summary for the September 1 meeting was included in the packet. Director Frates reported Dale Sandahl was elected as chair and Todd Wortham was elected as vice chair. The Commission discussed the planned soccer park procedures; heard a a presentation from the Kenai Kennel Club who are requesting use of an area beside the soccer park for a dog park; and, discussed the meeting schedule and recommended the commission meet bi-monthly. J-6. Planning/h Zoning Commission -- Moore noted, the August 24 meeting minutes were included in the packet and noted he would be unable to attend the September 14 meeting. Council Member Buffer stated he would attend. J-7. Miscellaneous Commissions and Committees J-7a. Beautification Committee -- Swarner reported the next meeting would be held Tuesday, September 13 and she would not be in attendance. J-Th. Alaska Municipal League Report -- Swamer reported the Executive Committee and Conference of Mayors met recently in Skagway. J-Tc. September 8. Arctic Winter Games -- Frates reported the next meeting would be held J-7d. Stranded Gas Committee -- No report. ITEM K: ..REPORT OF TIH!I MAYOR-- Mayor Porter noted a letter from Lydia Hayes of the Cook Inlet Tribal Council related to the development of a Native cultural center in Kenai. ITEM L: ADMINISTRATION REPORTS L-Xo agreement. organized. City Manager -- Acting City Manager Kopp reported the following: ConocoPhi!!ips had .no objection to the council's change to the naming The Katmai Hotel renovation would begin in the very near future. The Industry Appreciation Day picnic was very well attended and well ICENAI CITY COUNCIL MEETING SEI~EMBER 7, 2005 PAGE 10 · His intention is to have a capital improvement project draft list to council at the October 19 meeting and will provide for public hearings. * DOT was contacted regarding accurate mileage information on roadway signs and stated their willingness to work with the city. · The City has an extensive disaster plan and he distributed a summary of the plan to the council. He noted the importance of the council being familiar with the plan. · Approximately 18 applications had been received for the city manager position and are available for review in City Hall. * Reviewed a memorandum included in the packet from Finance Director Semmens related to the Public Employee Retirement System. No action was needed from council. · Referred to a memorandum included in the packet related to Acting City Manager pay for when Finance Director Semmens steps into that role. Because the salar/es are so close in amount and in order to compensate for the additional responsibilities, etc., Kopp stated when he is out of the office for more than five days, he intended to pay a stipend of $500/week to Semmens. Council stated no objections. "* He will be on leave to attend a poi/ce ch/el conference and during his absenCe, Semmens will be Acting City Manager. Porter reported she was contacting other communities related to how absences are managed w/th conmfissions and comm/ttees. She stated she believed the current code requirement was too cumbersome and excused absences should be allowed. Porter suggested a different policy be developed. Porter also noted a municipality's advertisement for economic development which was included in an airline magazine. She stated she would be making some contacts related to cost, etc. ITEM M: IVX- 1. Attorney-_ No report. City Clerk -- No report. D__ISCUSSION Cit/zens-_ None. Counc/l Buffer --. Welcomed Student Representative Krusen and stated he appreciated the school's will/ngness to support the program. · Thanked Jankowska for her service to the city. KENAI CITY COUNCIL MEETING SEPTEMBER 7, 2005 PAGE 11 Gilman -- No comments. Ross -- Absent. Massie -- Welcomed Krusen. Swarner -- · Welcomed Krusen · Wished Jankowska well. Inv/ted all to Food Bank benefit for America's First Harvest to assist in replenishing food supplies to the areas affected by Hurricane Katrina. Moore -- Welcomed Krusen and wished dankowska good luck and good bye. Drusen -- Thanked the council for the opportunity in being a student representative and encouraged all to attend the Kenai Central High School football game on Friday evening. Krusen's principal, Allan Fields was thanked for his support of the program and his attendance to the meeting. EXECUTIVE SESSION-- None Scheduled ITEM N: 'ADJOURNMENT The meeting adjourned at approximately 8:25 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk z 0 w 0 0 0 LM 0 u~ 0 m 0 0 I- z z ~' ~ 0 13. a.. I-- Z n n 0 -- ud ud Z (:3 n n 0 Z IX 0 0 0 tu o.. 0 n, 0 a:: tu u. m ~ 0 ~ a. o ~< > I- n,' 0 I-. o a. ~. ~ a. o z z ~ = ,,, ::3 ,, LU ~ Z n,' I- d D. "' - Z LU CO ..d w Z < tu z ~ w ~ ~ ~ o n,' LU Z LU ::, ~ u., a .ir Z Z 12:: rn m ..I n .5 ', m LU W LU z z o o = o 9 :D (/) LU LU Z -- ',,' 0 0 n, 0 z z ~ ,~ - _ _ Z 0 0 ,,~ -- CD 0 0 n, (/3 Z .1- z ::3 0 I.IJ ~ Z a. o o o o ~ ~ z ILl ILl n a.. ~,~ Z ~ r.o n,' "' ,,, z a. o.. 0 z 0 0 0 ,,, z z 0 0 ! ! ~ o o, n~ 0 Z Z IAI Z Z 0 n~ z 0 z Suggested by: Ach: CITY OF KENAI ORDINANCE NO. 2124-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,388 IN TWO SENIOR CITIZEN FUNDS. WHEREAS, at the time the City budget was approved by Council, the grant awards for the Council on Aging Title III grant, the United Way allocation, and the Kenai Peninsula Borough grant had not been approved; ~md, WHEREAS, the Council on Aging Title III grant award was $7,000 more than the original budget, the United Way allocated $2,112 more than the original budget and the Kenai Peninsula Borough grant was $2,724 less than the original budget; and, WHEREAS, the net increase in these grants w/Il be used for food supplies for the senior citizen programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased(decreased) as follows: Council on A ' -Title III Fund Increase Estimated Revenues: State Grant Increase Appropriations: Congregate Meals - Operating Supplies Home Meals - Operating Supplies Senior Citizen Fund Estimated Revenues. United Way Kenai Peninsula Borough Decrease Appropriations: Operating Supplies $5,250 $2,112 <2,724> S<612> $<612> Ordinance No. 2124-2005 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of September, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (09 / 14! 2005) hl Introduced: September 21, 2005 Adopted: October 5, 2005 Effective: October 5, 2005 Suggested by: Planning and Zoning Commission CITY OF KENAI ORDINANCE NO. 2125-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT A AND TRACT B, GUSTY SUBDIVISION, ADDITION NO. 2, FROM CONSERVATION (C) TO GENERAL COMMERCIAL (CG). WHEREAS, the above-described property is currently zoned Conservation(C) and has been since the City assumed zoning powers in 1984; and, WHEREAS, interest has been shown in developing the above-described area for General Commercial (CG); and, WHEREAS, adjacent properties are zoned Commercial (CG); and, WHEREAS, rezoning this property would enlarge an adjacent district boundary; and WHEREAS, on September 14, 2005, the Kenai Planning and Zoning Commission voted unanimously to re-zone the above-described property from Conservation (C) to General Commercial (CG); and, WHEREAS, it is in the best interest of the City of Kenai to re-zone the above described property from Conservation to General Commercial (CG). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, t ALASKA, the official Kenai Zoning Map is amended by rezoning Tract A and Tract B, Gusty Subdivision, Addition No. 2, from Conservation (C) to General Commercial (CG). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5a~ day of October 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 21, 2005 October 5, 2005 November 5, 2005 KENAL ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-53 REZONE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZON~G SUBMITTED BY NAME' CHARLES M. KOPP, ACTING CITY MANAGER, CITY OF KENA! ADDRESS'. 210 FIDALGO AVENUE, KENAI, AK 99611 LEGAL:, TRACT A AND TRACT B, GUSTY SUBDIVISION ADDITION NO. 2 PARCEL #: 04716001 AND 04716002 WHEREAS, the Commission finds the following: 1. The subject property is currently zoned CONSERVATION 2. The present land use plan designation is CONSERVATION/OPEN SPACE 3. The proposed zoning district is GENERAL COMMERCIAL 4. An appropriate public hearing as required was conducted on September 14, 2005 5. That the following additional facts have been found to exist: 6. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of TRACT A AND TRACT B~ GUSTY SUBDIVISION ADDITION NO. 2 AS sHOwN ON ATTACHMENT A is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, Sentember 14~ 2005. ATTEST:' Proposed Rezone - PZ05-53 CG TSH C CG CC Attachment A . GOVT. LOT 86 GOV'T. LOT 32 TR. A GOVT. LOT 334 GOVT. LOT 33 NORTH 150' OF GOVT. LOT 34 REMAINDER OF GOVT. LOT 34 Proposed Rezone GOVT. LOT 127 TR. B GOVT. LOT 36 GOVT. LOT 37 192-A3 GUSTY ,DDN. NO. 2 SHADURA SUBD. U.S.S. 1435 1 ADD'N. NO. 8 ET( gt wt'~/q a Paa?, & wt'~h a Fu~ 2~ 0 Fid~l~o Avenue, K~nsi, AIssk~ 9~6~ ~-77~4 Telephone: 907-283-7535 / FAX: 907-28a-30~4 I. ALASKA 1992 M MO: TO' FROM' THRU' DATE' SUBJECT: Charles M. Kopp, Acting City Manager :.~ ~ Marilyn Kebschull, Planning Administrator. ~ Jack La Shot, Public Works Manager September 15, 2005 PZ05-53 - Proposed rezone of Tract A & Tract B, Gusty Subdivision Addition No. 2 As you are aware, the Commission voted unanimously to recommend approval of the rezone of the above-referenced parcels from Conservation to General Commercial. Decisions made by the Commission are subject to a 15-day appeal period. Appeals must be submitted in writing to the City Clerk. The appeal period expires at 5 p.m. on September 29, 2005. If an appeal is received, you will be notified. KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99t~ Telephone: (907) 283-7535 / Fax: (907) 283-3014 www. ci.kenai.ak.us Memorandum Date: To: From: September 15, 2005 Charles M. Kopp, City Manager Kim Howard, Assistant t~ City Manager yt~ Tideland Application for Shore Fishery The City has received a letter from Ted J. Crookston asking the City to begin the process to allow for a shore fishery lease. The approximate area is shown on the attached map and is within the boundary of Alaska Tidelands Survey 272 (ATS 272) on the north and west. The patent from the State of Alaska for ATS 272 deeded these tidelands to the City. Mr. Crookston is working with a surveyor to provide a survey of the land. KMC 11.20.040, Classification Prior to Lease Required provides: Before accepting applications to lease tidelands, the area involved shall have first been classified for leasing by the City Council with the approval of the Planning and Harbor Commissions, and their availability advertised in a newspaper of general circulation in the area once each week for two (2) successive weeks not less than thirty (30) days prior to the time set for the closing of the acceptance of applications, and that all applications are available for public inspection at City Hall offices. At this time, approval of the con~ of leasing these tidelands is re specific ' ' · Pp 'cations will be provided to the commissions and Council approval of any apphcation A h quested, not at a later date for a review. KMC 11.20.070(c) states, "The City Council shall make the final determination of the selection of the applicant based upon the Commission's recommendation and approve or reject the choice of application made." The Harbor Commission and the Planning and Zoning Commission recommended the described tidelands be made available for lease. I'll proceed with the requ/red advertising if approved by Council. Attachments Cc: Ted Crookston August 17, 2005 City of Kenai Kim Howard Assistant to the City Manager 210 Fidalgo Ave, Suite 200 Kenai, Alaska 99611-7794 Ted J. Crookston 42321 N. Cook Inlet, REM Kenai, Alaska 99611 --- ii F ECEivED ! A~MINIST~A.T~ON , , Subject: Tideland Lease Application for Shore Fishery Dear Kim; This letter serves as formal notification to thc City of Kenai of my desire and intent to obtain a Tideland Lease as set forth in KMC 11.20 for the purpose of a shore fishery. I hereby request thc City of Kenai to initiate all necessary procedures in order to process my application as soon as possible. My contact information is as follows: Ted Crookston 42321 N. Cook Inlet, REM Kenai, Alaska 99611 Primary business cell phone: 801-502-8221 ~' Email: tedcrookston@jnac.com Local telephone: 907-283-6480 Attached is a portion of a survey, labeled as "Attachment A," depicting the "Subject Area" which identifies the area intended for the lease. Thank you for your consideration and assistance. I look forward to working with you to ~_~~te this process. Ted J. ct~kston st!w!l/q!O !eue~l 300' S 70'44' I ~." W 300' 300' 300' 300' "-"-----.----- CT B I ! I ! I ,SFP NO. 71 TRACT I , KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 9c.,,,,, Telephone: 907-283-7535/FAX: 907-283-~t~1-4' illl' 1992 MEMo: TO' Mayor and Council FROM: Chuck Kopp, Acting City Manager September 15, 2005 DATE: SUBJECT. Kenai Recreation Center Management Contract Renewal The Kenai Peninsula Boys and Girls Club has requested a two-year renewal of the facility management agreement between the Kenai Peninsula Boys and Girls Club and the City of Kenai. The original contract provided for a two-year contract renewal upon mutual consent. The new two-year term will mn from December 1, 2005 to November 30, 2007. The administration recommends the contract be renewed as requested. TWO-YEAR RENEWAL OF KENAI RECREATION CENTER FACILITY MANAGEMENT AGREEMENT between THE KENAI PENINSULA BOYS AND GIRLS CLUB AND THE CITY OF KENAI The parties to this agreement, the City of Kenai (CITY), 210 Fidalgo Avenue, Kenai, Alaska 99611 and the Kenai Peninsula Boys and Girls Club (Boys & Girls Club), 705 Frontage Road, Suite B, Kenai, Alaska 99611, hereby renew the Facility Management Agreement for the management and operation of the Kenai Recreation Center, dated November 6, 2003, and amended on May 15, 2004, as follows. Pursuant to Section 3.B of the Agreement, the Agreement is renewed for an additional two-year term. The new two-year term shall mn from December 1, 2005 to November 30, 2007. IN WITNESS WHEREOF, the parties have executed this TWO-YEAR RENEWAL OF FA CILITY MANAGEMENT AGREEMENT on the date shown below. CITY OF KENAI By: Charles M. Kopp Acting City Manager KENAI PENINSULA BOYS AND GIRLS CLUB By: Brenda Ahberg Executive Director DATE: DATED: By: Peter Micciche, President of the Board of Directors DATED: Renewal of Facility Management Contract Page I of 3 ATTEST: Carol L. Freas, City Clerk Approved as to form: Cary R. Graves City Attorney STATE OF ALASICA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 2005, CHARLES M. KOPP, ACTING KENAI CITY MANAG~~, being personally lmown 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 THIS IS TO CERTIFY that on this day of , 2005, BRENDA AHBERG, EXECUTIVE DIRECTOR of th-~-~NAI PENINSULA BOYS AND GIRLS CLUB, 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- Renewal of Facility Management Contract Page 2 of 3 STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 2005, PETER MICCICHE, PRESIDENT of the BOARD OF DIRECTORS of the KENAI PENINSULA BOYS AND GIRLS CLUB, 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: Renewal of Facility Management Contract Page 3 of 3 nal Municipal Airport Memo To: From: Date: Subject: Charles M. Kopp- Acting City Manager Rebecca Cronkhite - Airport Manager September 14, 2005 Final Approval Airport Mission and Vision Statements The consultants have provided a final recommendation on a mission and vision statement for the Kenai Municipal Airport. Mission Statement: The primary mission of the Kenai Municipal Airport is to be the commercial air transportation gateway to the Kenai Peninsula Borough and West Cook Inlet. Vision Statement: A strong air transportation center with scheduled passenger and cargo air carriers serving multiple destinations, supported by a well managed landside development program that will generate long-term revenue streams and protect airport environs from encroachment of incompatible land uses. The Airport Commission reviewed the final recommendations at their September 8 meeting and recommended the Mission Statement be adopted as presented. Discussion on the Vision statement resulted in the following recommendation. Delete the word "scheduled" in the first line and insert "general aviation facilities and services" in the second line after "destinations." The attached report from the consultant recommends that the vision statement focus on the preferred future of the airport and that other services be addressed in the list of Key Strategic Directions. They go on to state "just because one type of aviation activity is not listed among the key strategic directions does n(~t mean that the particular activity is to be ignored..." Does Council wish to adopt the Mission and Vision statements as presented or with changes? www. KenaiAirport. com Supplemental Planning Analysis Kenai Municipal Airport Mission and Vision Statements INTRODUCTION The purpose of this action is to have the City Council adopt a Mission Statement, supported by a statement of "Key Strategic Directions," and Vision Statement for the Kenai Municipal Airport as a reflection of City policy. Airports represent different things to different people. To most, airports are where one goes to catch an airplane to begin most long distance business or vacation trips. To others, the local airport is a base to store and fly their personal airplane or to learn how to fly. And for others, the airport is a fuel stop on the way to somewhere else. The military and flight schools often use local airports to practice takeoffs and landings. Clearly, airports play a variety of roles in our state transportation system. In order to move forward with the strategic planning process, and the creation of an airport business plan, it is important for the City of Kenai to have a clear understanding of the role the Kenai Municipal Airport currently plays as a transportation resource for the community. It is also just as important to have a clear vision of how the airport should develop over time in order for it to remain an asset to the city. To this end, the consultant team involved in the Kenai Municipal Airport - Supplemental Planning Analysis, would like to recommend that the City Council adopt an Airport Mission Statement to infer some order of priorities in how services are delivered at Kenai Municipal, and a Vision Statement as description of a preferred future for the airport. BACKGROUND A strategic plan is a method of determining the most effective use of an airport's investment and capital opportunities. It is a document that shapes all other plans: facilities development, personnel, financial and so on. The underlying framework of the strategic plan is to assess the airport within the context of the External Environment, Internal Activities and Financial Targets. The Extemal Environment relates to the airport's business environment, the trends within the aviation industry, the airport's customer base and root-cause analysis; that is, understanding the causes of trends that have been identified. Internal Activities include operating activities, organization, strategy and staff. Financial Targets relate to remm on investment, operating margins, capital intensity revenue growth, and cash flow. Simply put, strategic planning determines where an organization is going over long-term, how it's going to get there and how it'll know if it got there or not. The focus of a strategic plan is usually on the entire organization, while the focus of a business plan is usually on a particular service or program. Keiser Phillips Associates July 22, 2005 1 Supplemental Planning Analysis PURPOSE The purpose of preparing a strategic plan is to: 1. Clearly define the purpose of Kenai Municipal Airport and to establish realistic goals and objectives consistent with that mission in a defined time frame within the airport's capacity for implementation. 2. Communicate those goals and objectives to the community. 3. Develop a sense of ownership of the plan. 4. Ensure the most effective use is made of the airport's resources by focusing the resources on the key priorities. 5. Provide a base from which progress can be measured and establish a mechanism for informed change when needed. 6. Building a consensus about the direction the airport is taking. In summary, a strategic plan provides for clearer focus for the Kenai Municipal Airport and provides a bridge between the Kenai Airport staff, City staff and the City Council. MISSION STATEMENT At its most basic, the mission statement describes the overall purpose of Kenai Municipal Airport. Its purpose is to clearly separate the mission of the Kenai Municipal Airport from other airports in the KPB. It is also often helpful to clarify the mission statement by a list of key strategic directions. The purpose of developing a list of key strategic directions is to infer some order of priorities in how services are delivered. The recommended Mission Statement for Kenai Municipal Airport: The primary mission of Kenai Municipal Airport is to be the commercial --,:- air transportation gatev~'ay to the Kenai Peninsula Borough and West Cook Inlet. The recommended list of Key Strategic Directions: · Maximize Kenai Municipal Airport's potential as a scheduled passenger, air taxi~ ""';"+; a ~,, .... ca nd air cargo airp ..... an.. c. pcra.:cna. ~.xce..ence :n cac~,.ra.!cn w!th a!! a!~i~cr-~ stake hz[de, rs Pursue service' value and operational excellence for all airport stake holders. · Promote community economic growth through encouragement of air charter activity, floatplane facility improvements and tourism development and other ai_Lr ~sponation related initiatives ~ ses hich are corn atible with ai oft o emtions and add value to the air orr. Keiser Phillips Associates July 22, 2005 2 Kenai Municipal Airport Supplemental Planning Analysis Partner with the community to develop programs that enhance economic growth and quality of life When creating this mission statement and list of key strategic directions, consideration was given to the airport's services, markets, values, concern for public image, stakeholders and priorities of activities for survival and growth. Consideration was also given to the importance and convenience having consistent and frequent scheduled air service in Kenai as an alternative to a three to four hour drive to Anchorage.- It should be noted that lust because one type of aviation activiB, is not listed among the key strategic directions (for example recreational general aviation), does not mean that that particular activity is to bc ignored, but only that other activities may be of greater importance. ~ Keiser Phillips Associates 3 July 22.2005 VISION STATEMENT Supplemental Planning Analysis A Vision Statement is a description of a preferred future. environment of an organization. It draws on the beliefs, mission, and The recommended Vision of Kenai Municipal Airport is: A strong air transportation "--"~-*~ ce ..-~.....~wa:c nter with scheduled passenger and cargo air carriers serving multiple destinations, ......................... t----~, ..... ~urmorted b,y a well managed landside .d..evelopment ~roeram that will generate long-term revenue streams and protect the airport environs from encroachment of incompatible land uses. Ideally, this vision statement will identify a direction and purpose for Kenai Municipal Airport and alert the community and stakeholders to needed change. ACTION PLANNING The Action s--~rate~ie'~. Goals can be defined as a statement of the Ion -term results that mana ement ex ects to a ~o obtainin the Ion -term ,,oals. Both the oais and the ob'ectives must be in kee in with the ai ort's m~ss~on and vis goals and objectives. ~ mana ement business ractices to corn I with FAA ~nd established industry " "~? O' ° &~ ' ' ' ' "--"'--'" ' Avi__.__atio.__~n Demand" with a corres ondin ob'ective to: "Ado t and im lement an communit~ plan that protects the airport from encroachment of incompatible uses" Keiser Phillips Associates July 22, 2005 4 KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-?794 Telephone' (907) 283-7535 / Fax: (907) 283-3014 www. ci.kenai.ak.us MemoranCtum Date: To.' From: September 16, 2005 Charles M. Kopp, Acting City Manager ~fi/,/ Kim Howard, Assistant to the City Manager Kenai Historical Society Building Sublease to Messianic Fellowship of Kenai The Kenai Historical Society, Inc. wishes to enter into a sublease with the Messianic Fellowship of Kenai. A copy of the proposed agreement 'between the parties and a copy of the Lease of Building & Grounds between the City and the Historical Society is attached. All parties are in compliance with the Borough and City. The City Attomey has reviewed the documents and has no objections. If Council approves the sublease, the Consent to Sublease can be signed and recorded. Cc: Kenai Historical Society, Inc. Attachments KENAI HISTORICAL SOCIETY P.O. BOX 1348 KENAI, AK, 99611 LEA SE AGREEMENT This Lease Agreement is entered into between KENAI HISTORICAL SOCIETY (Landlord) and MESSIANIC FELLOWSHIP OF KENAI (Tenant). In consideration of the covenants herein contained it is agreed between the parties as follows: 1. Landlord hereby leases and rents to Tenant the building and land located at 818 Cook Street in Kenai, Alaska. The Landlord reserves the storage room in the building for its exclusive use. 2. This lease shall be in effect for a term of twelve (12) months, commencing on and continuing thereafter unless sixty (60) days prior to the termination of the lease either party sends notice in writing electing to terminate the lease. 3. This Agreement is contingent on the City of Kenai renewing its lease of the facilities to the Kenai Historical Society annually. 4. Tenant shall pay Landlord the annual rent of $6,000.00 in monthly payments of $500.00 each, payable monthly in advance. Tenant may elect to pay in advance and without notification to the Landlord. Payments not received by the monthly due date shal! be penalized at the rate of $5.00 per day from the due date until the payment ~s received. 5. Tenant agrees to pay $250.00 as a security deposit. All or any portion of the security deposit may be used, as reasonably necessary, to; (1) cure Tenant's default on payment of rent, late charges, non-sufficient funds fees, or other sums due; (2) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest of Tenant; (3) clean premises, if necdssary, upon termination of lease; and (4) replace or remm personal property or appurtenances. If all or any portion of the security deposit is used during tenancy, Tenant agrees t.o_reinstate the total security deposit within five (5) days after written notice is delivered to Tenant. Within three (3) weeks after Tenant vacates property, Landlord shall (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition; and (2) remm any remaining portion of security deposit to Tenant. Security deposit shall not be used by Tenant in lieu of partial payment of the last Page I of 3 I"AG E LEASE OF BUILDING & GROUNDS This AGREEMENT, entered into this /__~'~-~ay of June, 1980, by and between the CITY OF KENAI, P.O. Box 580~ K-~i, Alaska 99611, a home- ule municipal corporation of Alaska, hereinafter called "City", and the enai Historical Society, Inc., P.O. Box 1348, Kenai, Alaska 996~,1, a on-profit corporation of the State of Alaska, hereinafter called Lessee". !~ That the City, in consideration of the payments of the rents and ~)the performance of all the covenants herein contained by the Lessee, does hereby lease to the Lessee the building located on Lot 3, Block 17, of the Original Townsite of Kenai, Kenai Recording District, which formerly housed 'the Kenai Community Library, along with the grounds beneath such building and so much of those grounds immediately adjacent to such building as will "provide: ingress and egress, to and from such building and access to all i. portions of the exterior of the building for purposes of repair and 'ii maintenance. 1. The term of this lease is for one (1) year, commencing on the ~16th day of May, 1980. This lease shall continue after May 15, 1981, .as a tenancy at will, subject to cancellation by either party on 30 days written notice to the other at the address set forth above except that !if either party gives the other a written notice of change of address, any ~ notices thereafter will be given at the latest address so noticed. 2. Rent under this lease from May 16, 1980, until cancellation i. shall be $1.00 payable within 20 days after execution hereof. i 3. Lessee covenants to maintain the premises in good repair and to '~comply with all applicable building, fire, health and safety or other ~ applicable codes, ordinances or regulations. ,i 4. City agrees that it will maintain insurance coverage on the '~demised buildina in such kind and amount as the City shall deem necessary I or advisable. Any coverage necessary for contents of the building will be ii arranged and paid for by Lessee or shall be by special agreement with City. ., ii 5. Lessee agrees that it shall pay fuel costs, utilities, and il services necessary to properly heat and service the demised building, includina but not limited to ~as-, electricity, water and sewer, telephone, )! refuse c~llection and janitoW~al services. 6. The purpose for which this lease is made is as follows' ' Community activities, including meetings and special events of Lessee and other non-profit organizations 7. Lessee at its sole discretion may allow sublease or use of the building by other non-profit organizations for the conduct of community activities for periods of time not to exceed 48 hours. 8. Use of the demised premises for any purposes other than those set out in paragraphs 6 and 7 above, including subleases for more than 48 hours, shall be made only with the wril;ten permission of the Council of the City of Kenai. 9. Rates for use of the demised building by other groups as determined by Lessee, excepting reasonable charges for janitorial services and maintenance, shall require the approval of the Council of the City of Kenai. 10. Lessee covenants that it will not conduct or allow to be conducted any activity or operation on the demised premises which will not be in compliance with the Kenai Municipal Zoning Code, Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances 11. Lessee sh~11 m~ke no st. ructur~l ~lter~tions to the demised bu~ld~ng without p~ot written consent of the C~ty. 12. Lessee may not assi~]n its interest in this lease. I 13. Lessee may not refuse, withhold from, or deny to any person any services, goods, facilities, advantages or privileges because of sex, ,marital status, changes in marital status, pregnancy, parenthood, race, ,,religion, color or national origin nor may Lessee publish, circu'late, issue, display, post or mail a written or printed con~nunication, notice or ..advertisement which states or implies that any services, goods, facilities, advantages or privileges will be refused, withheld from or denied to any ~ person because of sex, marital status, changes in marital status, pregnancy, parenthood, race, religion, color or national origin. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, i the day and year stated in the individual acknowledgments below. .: .~ " LESSOR' //o~ ' . }I 'C N/t)~ :':. By' . -'- ~/m. J. BrXi~l~6n, 0~,~/Ma-nager ' - ., . .i~jL I. ~W"? q~, ~t~.:. ,~.r)~. LESSEE- iJ .;:.[: KENAI HISTORICAL SOCIETY, INC. Title: ~:_'l STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) ,~ !! Before me, the undersigned, a Notary Public in and for the State of Alaska,i ;on this day personally appeared WILLIAM J. BRIGHTON, City Manager of the City of Kenai, known to be the person who executed the above Lease and acknowledged that he had the authority to sign the same, for the purposes stated therein. ._, .' . ,' /;,. , GIVEN UNDER MY HAND AND SEAL OF OFFICE, this. '~X. day of.., ~:,_-. ~LC~-' , "19,;' . .'"/ , ~ .', /:/ ' I . ..,: .: ...... .. ,' 7. ;>.. . ,/.,,9 ! iL!" i :~ ~,.,~...~ /' "' '""": -'''''~ ':'"" '""'"' Notar,.y/Public in and for Ala~¢k~'..,'' , :,' .' ,~ .. ::' ',~ ,'::..._ :'i My C~z~nission Expires' :" -.S.q.'.-":.,., ...... ;:,,¢,,~:' STATE OF ALASKA ) . '-, .' ..... .,' ....... -.- · ,>.. ,~:~... ;,,., ) S S ....... ' ' · '": . it Before me, the undersigned, a Notary Public in and for the State of Alaska,J il on this day personally appeJred ROGER MEEKS, President, Kenai Historical Society, Inc., known to be the person who executed the above Lease and · 1 acknowledged that he had the authority to sign the same, for..,.l~tie'.~/Urposes ~' stated therein. ." .... '.;, i~ · ,,"' . :',':' .'.' :;.. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this S~"/~/~ay.;~':~ · . ~.: · - f~ -~ ..'=" i:' --- '- .,,-. - N6q~-Public in and for"/bT~was..-z~' · / , ..~ -..~.~' My Commission Expires..,.-.,. LEASE, Paoe Two ,. CITY OF KENAI CONSENT TO SUBLEASE The Consent to Sublease of that certain lease dated June 19, 1980, at Book 158, Page 188, Kenai Recording District, Third Judicial District, State of Alaska, and covering the following-described property' The building located on Lot 3, Block 17, of the Original Townsite of Kenai, which formerly housed the Kenai Community Library, along with the grounds beneath such building and so much of those grounds immediately adjacent to such building as will provide ingress and egress to and from such building and access to all portions of the exterior of the building for purposes of repair and maintenance. from the Kenai Historical Society, Inc. whose address is P.O. Box 1348, Kenai, Alaska 99611 (Sublessor) and Messianic Fellowship of Kenai, whose address is 403 McCollum Drive, Kenai, Alaska 99611 (Sublessee), is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original lease above-described. This Consent is given by the City of Kenai without waiving any right or action and does not relieve the Sublessee from the condition requiring the City's approval for any subsequent sublease or assignment. Dated this day of ,2005. CITY OF KENAI Consent to Sublease- Page I of 2 Charles M. Kopp Acting City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of ,2005, CHARLES M. KOPP, Acting 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 Sublease- Page 2 of 2 KENAI HISTORICAL SOCIETY P.O. BOX 1348 KEN , .AK, 996H SUB-LEASE AGREEMENT This Sub-lease Agreement is entered into between KENAI HISTORICAL SOCIETY (Landlord) and MESSIANIC FELLOWSHIP OF KENAI (Tenant). In consideration of the covenants herein contained it is agreed between the parties as follows: 1. Landlord hereby sub-leases and rents to Tenant the building and land located at 818 Cook Street in Kenai, Alaska. The Landlord reserves the storage room in the building for its exclusive use. 2. This sub-lease shall be in effect for a term of twelve (12) months, commencing on and continuing thereafter unless sixty (60) days prior to the termination of the sub-lease either party sends notice in writing electing to terminate the sub-lease. 3. This Agreement is contingent on the City of Kenai renewing its lease of the facilities to the Kenai Historical Society annually. 4. Tenant shall pay Landlord the annual rent of $6,000.00 in monthly payments of $500.00 each, payable monthly in advance. Tenant may elect to pay in advance and without notification to the Landlord. Payments not received by the monthly due date shall be penalized at the rate of $5.00 per day from the due date until ~he payment is received. 5. Tenant agrees to pay $250.00 as a security deposit. All or any portion of the security deposit may be used, as reasonably necessary, to; (1) cure Tenant's default on payment of rent, late charges, non-sufficient funds fees, or other sums due; (2) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest of Tenant; (3) clean premises, if necessary, upon termination of sub-lease; and (4) replace or return personal property or appurtenances. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate t,he total security deposit within five (5) days after written notice is delivered to renant. Within three (3) weeks after Tenant vacates property, Landlord shall (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition; and (2) remm any remaining portion of security deposit to Tenant. Security deposit shall not be used by Tenant in lieu of partial payment of the last month's rent. No interest shall be paid on security deposit unless required by local ordinances.. P~ge ~ of 2. 6. Landlord shall pay for monthly cost of gas, power, water and sewer. 7. Tenant shall be responsible for liability insurance, phone, weekly trash pickup, maintenance of grounds and miscellaneous maintenance of interior of building, i.e. light bulbs, bathroom furnishings, leaky water faucets and painting. Landlord shall be responsible for regular maintenance of exterior and interior of building, including the heating system. 8. Tenant further agrees that: a. Upon the expiration of the sub-lease it will tum over possession of the sub- leased premises in its present condition, reasonable wear and tear excepted. Tenant shall commit no waste to the sub-leased premises. b. Tenant shall not assign or sub-let or allow any other person or organization to occupy the sub-leased premises without the Landlord's prior written consent. c. Tenant shall not make any material or structural alternations to sub-leased premises without Landlord's prior written consent. d. Tenant shall comply with all building, zoning and health codes and other applicable laws for said sub-leased premises. e. Tenant shall not conduct a business deemed extra hazardous, a nuisance or requiring an increase in fire insurance premiums. f. In the event of breach of the payment of rent or any other allowed charge, or other breach of this sub-lease, Landlord shall have full fights to terminate the sub-lease in accordance with state law and reenter and claim possession of the sub-leased premises in addition to such other remedies available to Landlord arising from said breach. 9. This Sub-lease shall be binding upon the parties, their successors, assigns and personal representatives. · Signed and sealed this day of For Kenai Historical Society (Landlord) Joanna Hollier President For Messianic Fellowship of Kenai (Tenant) (Title) Page 2 of 2 Jenine Espy nal Municipal Airport Memo To: From: Date. Subject: Charles M. Kopp- Acting City Manager Rebecca Cronkhite - Airport Manager September 14, 2005 General Aviation Vehicle Parking Proposal The Airport Commission has recommended a pay parking lot for vehicles in the General Aviation area at the south end of the airport. Them is a severe shortage of parking for vehicles in this area placing constraints on the businesses desidng to provide charter service. The Airport Commission has spent two years reviewing the problem and possible solutions. The attached diagram depicts the preferred plan. The parking lot is designed to accommodate 72 vehicles and provide better access to several lease lots in the area, including the one where Air Supply Alaska is currently operating. The proposed parking lot is located on property currently leased to Baxter Snider, Kenai Aviation Services. Mr. Snider is willing to negotiate with the City of Kenai to terminate this lease. The lease is assigned as collateral on a loan from the Small Business Administration and a monetary compensation will need to be negotiated. The pertinent lease documents are attached. Airport revenues from a pay lot in this area are estimated to be approximately $8,000 per year based on 30% occupancy at $1.00 per day. Construction cost for the lot, including relocation of the fence and addition of gates is estimated to be $30,000. Lost revenue from the current lease is $3,510 per year. The cost of reacquidng the property is unknown at this time; however, based on preliminary discussions, it could take up to 9 years to recover all the costs and show a profit on this parking lot. The most compelling mason to move ahead with this project is the constraint placed on the businesses in the area. Development of this parking lot will enable the charter and small cargo companies to grow. Before we can move ahead and provide firm numbers, we must complete negotiations with the current lessee to determine the final cost of reacquidng this lot. It is my request that the City open formal negotiations with Mr. Snider to reacquire the remainder of the lease to this property, which expires June 30, 2023. www. KenaiAirport. com NO. 3 ~0 lA N lA 10 11 12 13 14 N # 1 (3) 12 TR. KENAI Sl LEASE SNOi£1(INO~ ~NI,I.$1X~i .00[' .o0~ ,90'~'£cj ,~ .O0.gt.t. 9 N xvat~xv~ ~I/O .Ot )1 ? .0 i t LE~SE OF A · is: Lot 1~ Block 5~ ., PURPOSE: The purpose · ,, Aircraft Pa~king and B. TERM: The ~e~m of commencing On bhe~?~~day of 3une 202~. C. RENTAL PAYMENT: Sub Covenan~ No. '~ o¢' thiS Lease, shall be payable as follows: 1. The annual rent marke~ value (as se~ forth and of ~he demised premises, and ~ ~his Lease shail be $1,072.50 pursuant ~o GeneraI Covenan~ N. 2. Annual ~en~ fo~ and ending 3une ~0 shall be pa~. first day of 3uly of each yea~ $2,400, ~hen ~he Lessee may op he~eof o~ at ~he beginning of ~ach new Lease yea~ [o pay rent equal monthly installments, pa fi~s~ day of 3uly and on o~ be thereafter. ~. Rental fo~ any year shall be p~o~a~ed based o ~. In addition to ~o General Covenan~ No. 9, the appropriate parties ail levies he~einaf[e~ p~ovided: (a) Taxes pe=tainin Lessee. in ~able in advance on or before the :ore the first of each month eriod which is less than one (1) the rate of the last full year. he rents specified above, subjec[ Lessee agrees [o pay ~o [he assess=en[s~ and charges -as [o [he leasehold interest of the fo~ which [he Lease is issued Storage is Lease is fo~ ~8 yea~s, 3~~ , 198.5, [o the 30th day of ecl [o the terms of General ental for the above-desc=ibed land ,1 ra~e shall be 6~ of the fai~ defined in General Covenan~ No. 9) ~e ~en~al on ~he effective da~e of )er yea~ subjec~ [o rede~e~mination the fiscal year beginning 3uly 1 able in advance on o~ before the If the annual ~en[ exceeds at [he time of the execu[ion AIR*PeRT LANDS THIS AGREEMENT, en~erlT~Tyit~o [his~~~ day of~~/--~ , 1985, by and between ~he C F KENAI, C-~ Hall, 219 'Fidaig5 Street, Kenai, Alaska 99511, aJhome-~uled municipal eo~po~a~zon of Alaska, h~ceinaf~e~ ~alled. TCity"~' and WILLIAM S. GRIFFIN 3R and BAXTER F SNIDER an KENA AVIATION SERVICES, INC., d/b/~ AVIATION SERVICES,P' O~~Box ~, Kenai, Alaska 99511, he~einaf[e~ called "Lessee". j That ~he City, in consideration of ~he payments of the rents and performance of all ~he covenants he.~ein contained by ~he Lessee, does hereby demise end'lease to ~he Lessee ~he following described property in ~he Kenai Recording Dis~ic~, S~ate of Alaska; to wit: Gene aI Aviation Apron ~s~~? o~ nm~. ~, ,FoR ~,cm~~ Pm~Pos~ · · W~EREAS, _K=~mi. Av4at!on S~_.rvices, T . (Assignor) has negotiated loan(s) in the ~am0un: of .Five ~~~~/100 Loan ), with UD4~ted _Rarak ~l_a~a Ill, , Address:~ . . 440..Vast 36_~h,..Ancho_~rage, m Assignee>, ~nd; ~ ~~SS ~S~ WHERE~, the Assignor has agreed to its interest as Lessee in the Lease, desc . iii ii 99503 ~tion, "/mcho~ge,' AK. ,i assi?n to the Assignee as coll'=era1 ribed below, and WHEREAS, Assignee is unwill£ng to m~ke the Loan unless the Lessor consents to this specific security assignme, nt instrument. NOW, THEREFORE, for valuable conside:ra=ion received and in further con- sideration of the premises, covenants ana agreements of the parties, the Assignor hereby assi=ns all ~f his righ=~t title and £nterest as Lessee (leasehold estate) ~ and to the following described Lease: That certain Lease Agreement dated ~] 23 , 19~, be=ween ~ C~t~ ..of ~e~_~_ ~- . . . ~_ as Lessor, an~ ~~ A~at-$~ ~~~s, Tn~'" ~ . , as Lessee, also some~es described 'as Tea~ of A~ ~~ ~~ , , (Lease A~e~~t ), cove:~ng =ea~ proper:y ~ ~. ~ ~eco=~ng D~st=~=~, S~a:e o~ R~aska, to-wit: ' ~ - ~ ~ ~ (~), B~ ~ (3), ~ A~~on ~~, ~ ~~~-~~, ~~ of K~, ~~ of ~~. TO ~~ A~ TO HO~ the s~ unto t e Assi~ee, its successors ~d assigns, in whole or in part, from ~e dlte hereof for and during all of the remainder yet to come of the term of has been voided as hereinafter provided. 1. DEBT: This Assignment is made · all renewals, and ~ extensions thereof. 2. ENCU~. RANCES: The Assignor he=~ is now free and clear of 'and from all fo: sales, judgements, executions, back rent: encumbrances. 3. INSURANCE: The Assignor hereby maintain fire and other hazard insurance in such form as the Assignee may require payable to the Assignee in an amount not Loan. said Lease or until this Assignment :o secure the contemplated Loan and :by covenants the Leasehold Estate .~=er and other gifts, bargains, ~, taxes, assessments, and any other covenants and agrees it will with a reputable insurance company on the property above described, less than the unpaid balance on' the 4. TAXES AND ASSESSMENTS: The Ass ,gnor shall fulfill all the terms, covenants' and condi%i°~s her~n, in¢lud~g the payment of all taxes and Ocf. obec 29, 1986 Unif. ed Bank Alaska 440 E. 36t:h Avenue Aneho=age, Alaska 99503 RE: Lol:s 1 & 2, Block 1; Lof. I Gentlemen: CITY OF KENAI "Od E~._'/~_/,,~ ,~~,, 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 28~. 7535 Block ;3, GAA Per your requesf, on f. he asslgnminl: ot= lease for seeurif, y purposes on f. he ~efe~enced p~ope~t:y~ pleJaae t~J. nd eneZoaed copies of not. ices ~ecent:ly sent. f.o Kenai vial. ion Services, Inc. SJ. nce~ely, Bana H. Ge~st. laue~ Adminlsf.~ al. 1ye Assisf. ant. Enclosure November g6, 1985 Hr. William G. Nokes, District U. S. Small Business Administ~$ Federal Building 701 C Street, Box ~7 Anchorage, Alaska 99~1~ RE: Assignmen~ of Lease - Kens Lots 1 and 2, Block 1, Ge~ Lo~ 1, Block ~, General Ay get Fueling Facilities - G Dea= M;. Nokes: The City of Kenai is willing bo distraint ib has bo ~he seeu~i~ equipment o~ obhe~ chattels kha Aviation Services, so long as s ~he City's position as bo the ~ I hope this position is adequat Sincerely, City Manage= WJB/dg Counsel tion CITY OF KENAI 210 FIDALGO KENAI, AJ.ABKA 99ell TELEPHONE 283- 7~ i Aviation Services eral Aviation Apron iation Apron eneral Aviation Apron subordinate any right of interest of the Bank/SBA in the may be involved in Kenai uch subordination does nob affect esl p~ope~y. e for your needs. AMENDMEN' That certain lease dated Apdl 23, 198 CITY OF KENAI, 210 Fidalgo Avenue, Suite F. SNIDER and KENAI AVIATION SERVICE 771004, Eagle River, AK 99577 encompassi~ Kenai Recording District, Third 'Judicial Distri~ Lot 1, Block 3, General Aviation Apron is hereby amended to reflect that pursuant to has been renegotiated by the parties and be(; year plus applicable sales tax. LES: LES,~ ,amendment to Lease- Page 1 of 3 ., 2 02-005609__0 Recording Di~t: 30'~' Kenai 6/20/2002 10:39AM Pages.: 1 of 3 r' TO LEASE 5 at Book 259, Page 987, between the 200, Kenai, AK 99611-7794 and BAXTER S, INC. wh .ose address is P.O. Box ~g the following property located in the :t, State of Alaska: , according to Plat No. 73-68 Pa mgraph 9 of such,~,e~e;~'~ease mte~~ linning July 1, 2002 __ ~OR: CITY OF KENAI City Manager ;EE: BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC. By: .r F. Snider, Individually By:. . President 0259 .. 957 THIS AGREEMENT LEASE OF AIRPORT LANDS ente~L~-nto this~ day of 1985, by and between the CITY OF KENAI, City Hall, 21~) Fidaigo' Street, Kenai~ Alaska 99611~ a home-~uled municipal'co~po~atzon of Alaska, heceinafte~ called "City" _G , and WILLIAM S RIFFIN 3R and BAXTER F. SNIDER and KENAI AVIATION SERVICES, I~C_, d/b/~ ' AVIATION SERVICES, P. O. Box 40~6, Kena&, Alaaka 99611, he~einafte~ e~lled "Lesmee". That the City, in consideration of the payments of the rents and performance of all the covenants he.~ein contained by the Lessee~ does hereby demise and lease to the Lessee the following described p~ope~ty in the Kenai Recording Dist~ict~ State of Alaska; to wit: Lot 1, Block }, General Aviation Apron ., is: A. PURPOSE: The purpose , , fo~ which the Lease is issued Aide,aft Pa~king and Sto~age B. TERM: The te~m of this Lease is fo~ commencing on the~9~.__~day of ~Or~_ , 1985, Dune 202~. -/ ~8 yea~s, to the ~Oth day of C. RENTAL PAYMENT: Subject to the te~ms of General Covenant NO-2 '~ .... O'f' E'hiS Lease, ~ental fo~ the above-described shall be payable as follows: land 1. The annual cental ~ate shall be 6% of the fair market value (as set forth and' defined in General Covenant No. 9) of the demised p~emises~ and the ~ental on the effective date of this Lease shall be $1,072.50 pe~ yea~ subject to redete~mination pursuant to General Covenant No. 9. 2. Annual ~ent fo~ the fiscal yea~ beginning Duly 1 and ending Dune }0 shall be payable in advance on o~ beforethe first day of Duly of each yea~. If the annual ~ent exceeds $2,400, then the Lessee may opt at the time of the execution he~eof o~ at the beginning of each new Lease yea~ to pay rent in equal monthly installments, payable in advance on o~ before the fi~sb day of Duly and on o~ before the first of each month thereafter. }. Rental fo~ any period which is less than one (1) yea~ shall be p~o~ated based on the ~ate of the last full yea~. ~. In addition to the ~ents specified above, subject to General Covenant No. 9, the Lessee agrees to pay to the appropriate pa~ties all levies., assessments, and eha~ges-as he~einafte~ p~ovided.' (a) Taxes pertaining to the leasehold interest Lessee. of the ~SIG'I~ML~'N? OF ~E FOR SECURTTY WFIEREAS, Kellai..Aviation.. se_~Tice,.s. Inc. (Assignor) has negotiated loan(s) in the am0uh~ 'of .Three Five Thousand.. and No/100 ..... ~~-=~=~---7-----~ollars ( $ . 395 , 000. 00~ ~ ~-~ 1, (Loan), with United Ba~ Alaska Address: 440 .... East 36th~, Anchora~, AK. '99503 .......... ( Assignee ), and: ~ Business Administration, An~0rage, AK. WHERF~F.5, the Assignor has agreed to assign to the Assignee as its interest as Lessee in the Lease, described below, and WHEREAS, Assignee is unwilling to make the Loan unless the Lessor consents to this specific security assignme, nt instrument. NOW, THEREFORE, for valuable consideration received and in further con- sideration of the premises, covenants and agreements of the parties, the Assignor hereby assigns all of his right, title and interest as Lessee (leasehold estate) in and to the following described Lease: · That certain Lease Agreement dated ADril 23 ..... , 19_~, between _ ~ City of F_~-_~_~{ ........ as Lessor, and ~ Avia.ti.on seduces, Inc. ,, , 'as Lessee, also sometimes described as Lease of A~~.~ .La~_ds , (Lease A?reement), ,. , revering real property in the~ Re¢ord/'ng DiStrict, State of Alaska, to-wit: - Lot One (1), Block Three (3), Gem_ral Aviation Apron, Kenai Municipal Airport, City of Kenai, State of Alaska. TO HAVE AND TO HOLD the same unto the Assignee, its successors ud assigns, in whole or in part, from the date hereof for and during all of the remainder yet to come of the term of said Lease or until this Assignment has been voided as hereinafter provided. 1. DEBT: This Assignment is made to secure the contemplated Loan and · all renewals, and extensions thereof. ' . 2. ENCUMBRANCES: ~he Assignor hereby covenants the Leasehold Estate is now free and clear of'and from all former and other gifts, bargains, sales, judgements, executions, back rents, taxes, assessments, and any other encumbrances. 3. INSURANCE: The Assignor hereby, covenants and agrees it will maintain fire and other hazard insurance with a reputable insurance company in such form as the Assignee may require, on the property above described, ~ayable to the Assignee in an amount not less than the unpaid balance on'the · ~Loan. 4. TAXES AND ASSESSMENTS: The Assignor shall fulfill all the terms, ! _ u i ii covenants' and conditions herein, including the payment- of all taxes and CITY OF KENAI 210 FIDALGO KENAI, ALASKA TELEPHONE 283 - 7535 Oct. obez' 2.c), 1986 Un,led Bank Alaska ~/~0 E. ~6[h Avenue Anchorage, Alaska RE: Lois I & 2, Block 1; Lo[ 1, Block ~, GAA Gentlemen: Pe~ you~ ~equest on [he assignmen[ of lease fo~ secu~i[y purposes on bhe ~efe~enced p~ope~[y, please find enclosed copies of no[ices ~ecently sen[ ~o Kenai Avia[ion Services, Inc. Sincerely, Dana N. Ge~s~laue~ Adainis~a~ive Assis~an~ Enclosure cITY OF KENAI 210FIDALGO KENAI, ALASKA 9gell TELEPHONE 283.7535 Novembe~ 26, 198~ Mr. William G. Nokes, District Counsel U. S. Small Business Administration Federal Building 70~ C Street, Box ~7 Anchorage, Alaska 995~ RE: Assignmen~ of Lease - Kenai Aviation Services Lots 1 and 2, Block 1, General Aviation Apron Lot 1, Block 3, General Aviation Apron Jet Fueling Facilities - General Aviation Apron Dear Mr. Nokes: The City of Kenai is willing to subordinate any right of distraint iL has to the security interest of the Bank/SBA in the equipmen~ or other chattels that may be involved in Kenai Aviation Services~ so long as such subordination does not affect the City's position as to the real property. I hope this position is adequate for your needs. Sincerel y, City Manager ~JB/dg 2 02-005609-0 Recording D~st:. 30~~ Kenai A 6/20~~ 10:39AM Pages: 1 of 3 L A AMENDMENT TO LEASI= That certain lease dated Apdi 23, 1985 at Book 259, Page 987, between the CITY OF KENAI, 210 Fidalgo Avenue, Suite!200, Kenai, AK 99611-7794 and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC. whose address is P.O. Box 771004, Eagle River, AK 99577 encompassihg the foilowing property located in the Kenai Recording District, Third 'Judicial District, State of Alaska: Lot 1, Block 3, General Aviation Apron, according to Plat No. 73-68 is hereby amended to reflect that pursuant to Paragraph 9 of such,~,~~l~~ease~-~ has been renegotiated by the parties and beiinning July 1, 2002~~~._be $3,51~0.00_~per .~ year plus applicable sales tax. ! ~ LESSOR: i CITY Of KENAI ; Ely ! Linda L. Snow , I i LESSEE: · City Manager BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC. Amendment to Lease- Page 1 of 3 nal Municipal Airport 305 N, WILLOW ST. SUITE 200 KENAI, ALASKA 99611 TI=I ImHONE 907-283-7951 FAX 907~ Memo To: From: Date: Chuck M. Kopp- Acting City Manager Rebecca Cronkhite - Airport Manager September 15, 2005 Subject: Airport Regulations. Parking The attached changes to the Airport Regulations are on the advice of the Kenai Police Department to simplify the enforcement of vehicle parking at the airport. The Airport Commission reviewed the changes and recommended approval at their September 8, 2005 meeting. Please contact me if you have any questions. www. KenaiAirport. com AIRPORT REGULATIONS CHAPTER 6.05 PARKING 6.05.020 Short-term parking area. The Airport Manager shall designate an area or areas for short-term vehicle parking. Parking is permitted in this area [FROM 5:00 A.M. TO 3:00 A.M.] at the times determined by the City Manager. Parking hours and rates shall be posted. All improperly parked cars are subject to impound. The Airport Manager, with concurrence of the City Manager, may establish a pay parking system in the short-term vehicle parking areas. Failure to pay the required fee shall be a violation subject to the penalties provided in KMC 13.05.010 and 13.10.015. Page I of 1 KENAI AIRPORT COMMISSION SEPTEMBER 8, 2005 KENAI CITY COUNCIL (~tAMBERS 7:00 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 7'15 p.m. Roll was confwrned as follows: Commissioners present: Commissioners absent: Others present' J. Zirul, J. Bielefeld, H. Knackstedt, C. Versaw E. Mayer, D. Haralson, and J. Watkins Council Member L. Swarner and Airport Manager R. Cronkhite ITEM 2. AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: _ .APPROVAL OF MEETING SUM~MA~v July 14, 2005 August 11, 2005 MOTION: Commissioner Versaw MOVED to approve the meeting summaries of July 14 and August 11, 2005 as presented. Commissioner BielefeldSECONDED the motion. There were no objections. SO ORDERED. ITEM 4: _ ITEM 5: PERSONS SCHEDULED TO _n~ H_~._A~r~-- None. OLD BUSINESS-- None. ITEM 6: NEW BUSINESS 6-a-1. Discussion -- Supplemental Planning Assessment Airport Vision and Mission Statement _Vision Statement; A general discussion took place during which it was suggested the word "scheduled" in the first line be deleted and "general aviation facilities and services" be inserted in the second line after "destinations." MOTION: Commissioner Zirul MOVED to recommend adoption of the Vision Statement with the changes noted (deleting "scheduled" in the first line and inserting "general aviation facilities and services"). Commissiauer Bielefeld SECONDED the motion. There were no objections. SO ORDERED. Mission Statement' A general discussion took place during the review of the draft Mission Statement which was included in the packet. MOTION: Commissioner Bielefeld MOVED to recommend adoption of the Mission Statement as presented and Commissioner ZirulSECONDED the motion. There were no objections. SO ORDERED. 6-a-2. Airport Lease Program Suggested Changes General discussion took place related to the Airport Leasing Program(included in the packet) and the recommended delegation/reorganization of authority and responsibility for the a/rport. Comments included: · Advantages of an airport operating board and how it might help the airport grow. · Advantage of having people i-om the business community involved. Consensus of the Commission was to recommend approval of the leasing program, including the land lease rates, term guidelines, and investment amounts, however they felt the investment amount seemed to be very low. 6-a-3. Airport Land Use · · · support. A general discussion took place during the review of the land use plan which was included in the packet. Comments included' Keep the line in place. Change the light blue area to nor~aviation related. Term retained for future aviation support or medium-term development The Airport Commission needs to support the land use plan and help Council understand how important the land is. · Short-term, medium-term, and long-term development and let go of aviation-related development term/nology. Recommendation-- Use Agreement/Mobile Massage Chair AIRPORT COMMISSION MEETING SEPTEMBER 8, 2005 PAGE 2 ITEM 1' ITEM 2: ITEM 3: _ ITEM 4: ITEM 5- ITEM 6: b, de ITEM 7: ITEM 8: ITEM 9: ITEM 10: ITEM 11: KENAI AIRPORT COMMISSION SEPTEMBER 8, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA CALL TO ORDER AND ROLL CALL AGENDA APPROVAL_ APPROVAL OF MEETING SUMMARY July 14, 2005 August 11, 2005 PERSONS SCHEDULED TO BE HR_~T) OLD BUSINESS ,, NEW BUSINESS DiscusSion -- Supplemental Planning Assessment 1. Airport Vision and Mission Statement 2. Airport Lease Program Suggested Changes 3. Airport Land Use Recommendation -- Use Agreement/Mobile Massage Chair Recommendation -- Amendments to Airport Regulations, Chapter 6.05, Entitled "Parking." Discussion -- Meeting Schedule REPORT Commission Chair Airport Manager City Council Liaison COMMISSIONER COMM_ENTS AND_ OU~-STION~ PERSONS NOT SCHEDUL_ED TO INFORMATION ITEMS Kenai City Council Meeting Action Agendas for August 3 and 17, 2005. ...ADJOU~ENT KENAI AIRPORT COMMISSION SEPTEMBER 8, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 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 7:15 p.m. confn'med as follows: Roll was Commissioners present: Commissioners absent: Others present: J. Zirul, J. Bielefeld, H. Knackstedt, C. Versaw E. Mayer, D. Haralson, and J. Watldns Council Member L. Swarner and Airport Manager R. Cronkhite ITEM 2' AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Versaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY 3-a. July 14, 2005 August 11, 2005 MOTION: Commissioner Versaw MOVED to approve the meeting summaries of July 14 and August 11, 2005 as presented. Commissioner Bielefeld SECOI~ED the motion. There were no objections. ~O ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: , , OLD BUSINESS-- None. ITEM 6: NEW BUSINESS 6-a-1. Discussion -- Supplemental Planning Assessment Airport Vision and Mission Statement Vision Statement: A general discussion took place during which it was suggested the word "scheduled" in the first line be deleted and "general aviation facilities and services" be inserted in the second line after "destinations." MOTION: Commissioner Zirul MOVED to recommend adoption of the Vision Statement with the changes noted (deleting "scheduled" in the first line and inserting "general aviation facilities and services"). Commissioner Bielefeld 81/:CONDI/ID the motion. There were no objections. 80 ORDERED. Mission Statement: A general discussion took place during the review of the draft Mission Statement which was included in the packet. MOTION: Commissioner Bielefeld MOVED to recommend adoption of the Mission Statement as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. 6-a-2. Airport Lease Program Suggested Changes General discussion took place related to the Airport Leasing Program (included in the packet) and the recommended delegation/reorganization of authority and responsibility for the airport. Comments included: * Advantages of an airport operating board and how it might help the airport grow. .. Advantage of having people from the business community involved. Consensus of the Commission was to recommend approval of the leasing program, including the land lea~e ratea, term guidelines, and investment amounts, however they felt the investment amount seemed to be very low. 6-a-3. Airport Land Use · · · support. A general discussion took place during the review of the land use plan which was included in the packet. Comments included: Keep the line in place. Change the light blue area to non-aviation related. Term retained for future aviation support or medium-term development The Airport Commission needs to support the land use plan and help Council understand how important the land is. · Short-term, medium-term, and long-term development and let. go of aviation-related development terminolo~. Recommendation -- Use Agreement/Mobile Massage Chair AIRPORT COMMISSION MEETING SEPTEMBER 8, 2005 PAGE 2 The Commission reviewed and discussed the request information which was included in the packet. Discussion noted: · If a 1-c becomes required, then the applicant should be 1-c. · Discussion on set fee rather than percent of gross. The Commission recommended to move forward with the request or set up a Request for Proposal. Return the issue to the Commission with a designated space or set rent. Recommendation-- Amendments to Airport Regulations, Chapter 6.05, Entitled "ParMng." The Commissioner reviewed the proposed amendments. MOTION: Commissioner Bielefeld MOVED to recommend approval of the amendments as presented and Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. Discussion -- Meeting Schedule The Commission reviewed the information included in the packet and suggested the ability to attend by teleconference. MOTION: Commissioner Zirul MOVED to not have a meeting in December and July, but continue the remainder of the year on the regular schedule. Commissioner Veraaw SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORT 7-a. Commission Chair-- Chair Knackstedt noted the following: · An advertisement in the Civil Air Patrol magazine, i.e. Alaska Wing Tips. · He spoke to Air Supply Alaska owners and welcomed them to the airport. The owner~ told him the lack of the airplane tax enabled them to operate on the airport, however they almost walked awaked away from the lease because of bureaucracy. Commissioner Zirul stated he felt this.was a prime example of why the leasing process was needing to be streamlined. 7-b. Atrport Manager-- Airport Manager Cronkhite noted the following: · Referred to Item 7b of the FAA concerns related to runway incursions (information wa~ included in the packet). City Council Liaison -- No report. AIRPORT COMMISSION MEETING SEPTEMBER 8, 2005 PAGE 3 ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS -- None. ITEM 9: ,, PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for August 3 and 17, 2005. ITEM 11: ADJOURNMENT MOTION: Commissioner Zirul MOVED for adjournment and Commissioner Bielefeld SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9:33 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING SEPTEMBER 8, 2005 PAGE 4 KENAI HARBOR COMMISSION MEETING SEPTEMBER 12, 2005 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA I~TEM 1. I__TEM 2: ITEM 3: I~TEM 4: ITEM 5: ITEM 6: a. ITEM 7: ITEM 8: ITEM 9: ITEM 10: ae ITEM 11: CALL TO ORDER & ROLL CALL AGENDA APPROVAL _APPROVAL OF MR~TING SUMM~RY-- July 11, 2005 PERSONS SCH~-DULRD TO OLD BUSINESS _ Discussion -- Kenai River Bank Erosion Project - Corps of En~.neers Technical Report. NEW BUSINRS~ Discussion -- Meeting Schedule Recommendation -_ Tideland Application for Shore Fishery -- Ted J. Crookston ~REPORTS Director Dock Foreman City Council Liaison COMMISSIONER COMMENTS UESTIONS PERSONS NOT SCHEDULED TO BE HEARD INFORMATION Kenai City Council Action Agendas of August 3 and 17, 2005. 8/23/05 Kenai City Dock Fuel Schedule 8/31/05 KK memorandum related to FY 2006 Alaska Designated Legislative Grants. ADJOU~MENT KENAI HARBOR COMMISSION MEETING SEPTEMBER 12, 2005 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1' , , CALL TO ORDER/h ROLL CALL Chair Thompson called the meeting to order at 7:00 p.m. The roll was confirmed as follows' Commissioners present: Commissioners absent- Others present- B. Eldridge, S. Romain, R.. Canady, and T. Thompson P. Barrett, G. Foster, and J. Barrett Public Works Manager K. Komelis A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Eldridge MOVED to approve the agenda as presented and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- July 11, 2005 MOTION: Commissioner Eldridge MOVED to approve the meeting summary of July 11, 2005 and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS Discussion -- Kenai River Bank Erosion Project - Corps of Engineers Technical Report. Thompson gave an overview of the project and discussion followed. Comments included: · The Corps has not shown enough concern for high tide storms or that up to ten feet can erode during high tide and wind storms. · The Corps has undervalued the bluff property. · There is $500,000 which was granted to the Corps for additional studies. · It is good there has been no significant environmental impact. Once the vegetation on the bluff is cut back, it will eliminate much of erosion and water problems. There should be prime riverfront property. Public Works Manager Kornelis reviewed his memorandum (included in the packet) and mentioned the full study was available for review in his office. iTEM 6_.' _NNEW BUSINESS Discussion __ Meeting Schedule The Commission reviewed the memorandum included in the packet and, upon discussion, concluded the monthly meeting schedule should continue, requesting meetings be canceled when there are no agenda items or quorum concerns. 6-b. Recommendation __ Tideland Application for Shore Fishery Ted J. Crookston -- The Commission reviewed the application and information included in the packet. Ted Crookston __ Noted the following: · He's fished in the area since 1965 and in this section for approximately four years -- all were in-shore and leased. · The sites referred to in the application are off shore. * He wanted to include a longer and narrower area, however after discussion, he decided to leave the application as presented in the packet. MOTION: aC~n~__!s.s½on~er E. ldridge MOVED to recommend to the ci council ' . u~scnaea aha presented to the H . . _' ty . the tidelands lease, arbor Comrmsslon from information included fin the packet, be made available for lease. Commissioner Romain SRCONDRD the motion. There were no objections. SO ORDRRED. I_TEM 7: ~REPORTS 7-a. Director-_ Kornelis reported the following: * There had been little activity at the dock, however there were pries remaining to be pulled. · road project. Council approved the land trade of properties for the launch ramp/exit Discussion will continue related to a sale of wetlands. Dock Foreman -_ No report. City Council Liaison -- No report. HARBOR COMMISSION MEETING SEPTEMBER 12, 2005 PAGE 2 ITEM 8: COMMISSIONER COMMENTS/QUESTIONS -- None. Romain reported he would be absent from the October meeting. Eldridge reported he would be absent from the October and November meetings. ITEM 9' PERSONS NOT SCHEDULED. TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. 10-b. 10-c. Kenai City Council Action Agendas of August 3 and 17, 2005. 8/23 / 05 Kenai City Dock Fuel Schedule 8/31 / 05 KK memorandum related to FY 2006 Alaska Designated Legislative Grants. ITEM 11: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Canady SECONDED the motion. There were no objections. ~O ORDERED. The meeting adjourned at approximately 8:45 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING SEPTEMBER 12, 2005 PAGE 3 KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS SEPTEMBER 6, 2005 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- June 7, 2005 August 2, 2005 ITEM 4: PERSONS SCHEDULED TO _RE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: Discussion -- Meeting Schedule Discussion -- Library Funding REPORTS ae Directo.r Commission Chair Friends of the Library City Council Liaison ITEM 8: COMMISSIONER COMMENTS/OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BR ITEM 10: INFORMATION Kenai City Council Action Agendas of August 3 and 17, 2005. ITEM 11: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI CITY HALL COUNCIL CHAMBERS SEPTEMBER 6, 2005 7:00 P.M. CHAIR EMILY DE FOREST, PRESIDING MEETING SUMMARY ITEM 1' , CALL TO ORDER & ROLL CALL Chair DeForest called the meeting to order at approximately 7'00 p.m. Roll was confirmed as follows' Commissioners Present' Others Present: K. Heus, E. DeForest, J. Jenckes, C. Brenckle, E. Bryson (arrived at 7'20 p.m.), 13. Peters. Library Director E. Jankowska and Council Member 13. Gilman ITEM 2. AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY-- 3-a. June 7, 2005 3-b. August 2, 2005 MOTION: Commissioner Brenckle MOVED to approve the meeting summaries of June 7 and August 2 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 -- Meeting Schedule The Commission reviewed the memorandum included in the packet related to meeting scheduling. Discussion revealed the members would prefer keeping a monthly schedule. MOTION: Commissioner Brenckle MOVED to recommend the Library Commission maintain a monthly schedule, yearly schedule. Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. Discussion -- Library Funding Director Jankowska reported on the Homer Library campaign for raising funds for its library. Discussion followed and comments included: · The need to reach a wider audience, i.e. a brochure to introduce people to the idea. council. MOTION: Request a resolution of support and offering matching funds from the Invite community leaders to a general meeting. Review plans at October meeting and decide which to support. List forwarded to city council on September 7. Commissioner Peters MOVED for Emily DeForest to present a request to the city ,c..~u__ncilf~r,..a. resolu~on suppo, rting the use of $500,000 in matching funds and put the u~r _ary aacuuon on me capital improvement list as the number one priority. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Heus MOVED to support an addition of 16,000 square feet to the library and Commissioner Brenckle SECONDED the motion. There were no objections. $O ORDERED. MOTION: Commissioner Brenckle MOVED to recommend Emily DeForest be on the Library Director Search Committee. Commissioner Bryson SECONDED the motion. There were no objections. ~O ORDERED, ITEM 7: REPORTS _ 7-a. Director -- Jankowska presented an annual and monthly report of library activities. LIBRARY COMMISSION MEETING SEPTEMBER 6, 2005 PAGE 2 7-b. Commission Chair -- DeForest referred to the reports and noted the head count, attendance and circulation numbers. 7-c. Friends of the Library -- Heus distributed raffle tickets for selling; noted she is no longer on the Friends Board of Directors; suggested the Friends make their meeting minutes available for inclusion in the Commission packets. T-do City Council Liaison -- No comments. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Peters -- stated he believed there is a need for a library addition and felt the Commission should be taken more seriously. Brenclde -- Thanked Jankowska for her service to the Library and Kenai community. Jenckes -- Reported he was resigning; he would be furthering his education; and, due to those education pursuits would not be able to attend meetings in the months ahead. Heus -- Stated her disappointment with Jenckes' resignation and welcomed Eileen Bryson to the Commission. Bryson -- Stated she believed it was a very interesting meeting; she was the library's "story lady" for 12 years; and, is very excited with her appointment to the Commission. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of August 3 and 17, 2005. ITEM 11: ADJOURNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9:03 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk LIBRARY COMMISSION MEETING SEPTEMBER 6, 2005 PAGE 3 JAMES R. JENCKES · · .i, ...........,... · .......... i, · 616 Maple Dr. Kenai. AK 99611 Phone ~907)-283-5244. .i rj enks~' gmail.com September 6, 2005 Kenai Library Commission City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 It is with regret that I must submit to you my reSignation from the Library Commission. Due to my educational pursuits I will not be able to attend the next three commission meetings. I believe it would not be in the best interest of the Commission and the City for me to remain on the board at this time. Thank you for the oppommity for allowing me to serve and I look forward to a time that I may be of service to the Commission and City again. Sincerely, Signature Commission Application CITY OF KENAI "Village with a past - City with a fut BACKGROUND AND PERSONAL DATA- CANDIDATESFORAPPOINTMENT i !~ ~,~ 2 , ~~.~i~ i_ _ - ---' COMMITTEES AND COMMISSIONS DATE: ?-~ '~~]" ~ Resident of the City of Kenai? Residence Address NAME' How long? I , Y~-'-'"'~[¢~" Mailing Address Home Telephone No. Home Fax No. ~ Business Telephone No. Business Fax No. 2 ~ ~ - 0/~ 4-~ Email Address: EMPLOYER' kl ¢er NAME OF SPOUSE: , Membership in organizations: Past organizational memberships: /NIMEC-V..CklXI [,NST' I ln~ .'CE ,,o.P A¢2.~ t COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE http://www, ci.kenai.ak.us/commissions/commissionapplication.htm 9/21/2005 Commission Application Page 2 of 2 WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ) ~AIO~-~- ~ ~ ,~~~ Signature Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (fax), 283-7535, ext. 231 (phone) http://www, ci.kenai.ak.us/commissions/commissionapplication.htm 9/21/2005 NAME: CITY OF KEN DATE: "Village with a past - City with a BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT COMM~TTEESA-ND~ COMMISSIONS" KENAI CiTY CLER Resident of the City of Kenai? ~/~/~' How long? /2~. y~ Restdence Address ~~ /~/~/~ ~/~-~ ~~'.~/~. ~~~/ Marling Address ~~~ f~~ ~~ a ~~ ~/C. ~~~e Telephone No. ~~-~~ ~ Home F~ No. ~~~~ Business Telephone No ~~ Business Fax No. Email Address' NAME OF SPOUSE: .r~urrent membership in organizations: Past or~j~ni=ational mPmberships: ///~~q. f~,~w'~/~;~ '~ ~~ d,~ff //~'. /~. ~~. COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ./?~~ ~t~ /~'C/~ ~. ~ 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? 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 14, 2005 - 7:00 p.m. *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 tmless 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. 2. *APPROVAL OF MINUTES: a. *August 24, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: Se PUBLIC HEARINGS: a. PZ05-53 - An application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Application submitted by Charles M. Kopp, Acting City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. PZ05-54- An application to amend Conditional Use Permit PZ05-27 to allow construction of a storage building for the property known as Lot 2, Block 17 West 60- Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nyce, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. b, 6. OLD BUSINESS: e Se NEW BUSINESS: a. Tideland Application for Shore Fishery- Discussion/Recommendation b. Commission/Committee/Board Meeting Schedules - Discussion/Recommendation PENDING ITEMS: a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residemial 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. FY 2006 Alaska Designated Legislative Grants b. Zoning Bulletin (8/10/05& 8/25/05) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting- Development of a Mixed Use Overlay Zone- Discussion CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 14, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chair Hammelman called the meeting to order at approximately 7:04 p.m. 1-a. Roll Call Roll was confirmed as follows- Commissioners present' Commissioners absent: Others present' C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge, N. Amen J. Barrett City Planner M. Kebschull, City Clerk Freas, Department Assistant N. Carver, Council Member J. Buffer X-bo Agenda Approval MOTION: Commissioner Eldridge MOVED for approval of the agenda with the addition of a boundary map to Item 5-a. Commissioner Bryson SECONDED the motion. Commissioner Eldridge requested UNANIMOI~S CONSENT. There were no objections. SO ORDERED. 1 Consent Agenda Hammelman referred to a memorandum included in the packet from City Planner Kebschull noting a request for a change to the minutes from Cliff Baker of Integrity Surveyors. Hammelman requested to discuss the matter as Item 7-c. The Commission stated no objections. ITEM 2' .APPROVAL OF MINUTES -- August 24, 2005 Moved to Item 7-c. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. IEM 4: CONSIDERATION OF PLATS-- None. ITEM 5: PUBLIC HEARINGS PZ05-53 - An application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition NO. 2 { 11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Application submitted by Charles M. Kopp, Acting City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet. She noted: · The property is currently zoned Conservation and the request is to rezone it to General Commercial. · The property is located on the Spur Highway adjacent to properties currently zoned General Commercial and Historic Townsite. · The requested rezone meets the criteria for a rezone. · Research of the records indicated the properties had been zoned Conservation before 1984 (original zoning) and continued after the city took over zoning. · According to the boundary map (added at the beginning of the meeting), initially when the city properties were zoned, the majority of the property around the airport was zoned Conservation. At that time, airports were an allowed use in reference to the Conservation zone. There is some interest in possible development of the property. · It does not appear the properties need to be maintained as Conservation and their being zoned as General Commercial would be the best use of the properties. Acting City Manager Chuck Kopp -- Kopp noted the following: · Explained the need for the rezone was brought to attention as a result of increased business interest in purchasing property in the commercial district of the city. · There is now a land use constriction along the Spur Highway and as a result, the city has been analyzing properties that would otherwise be available for business development. · City records indicate the property was included in the old airport runway (should be boundary). · The properties are surrounded by commercial properties and would be a good possibility for a future business development. · The city is always interested in offering more opportunity to be available for businesses in the city and was why the rezone was proposed to the Commission. · · still there. Discussion followed in which Commissioner Bryson asked if there had been a electrical substation on the narrow tract at one time. Kopp indicated the following' There had been at one time. Although the substation had been removed, there were some remnants It was no longer an active substation. · The property was probably leased to Kenai Electric originally and then toward Homer Electric Association. There being no one else from the public to offer comments, the public hearing was closed. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 2 MOTION: Commissioner Eldridge MOVED to approve PZ05-53, an application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Commissioner Twa_it SECONDED the motion. Commissioner Glick asked if there was any change of their being any PCB spilled on the property since it was once used as an electrical substation. Kebschull stated, that type of investigation would take place after the rezone is approved and if there is interest for purchase or development of the properties. Bryson asked if the intent of the motion was to recommend to council the rezone be approved. Eldridge indicated yes. VOTE: Glick Twait Yes Hammelman Yes Barrett Absent Eldrid§e Yes Bryson Yes Amen Yes Yes MOTION PASSED UNANIMOUSLY. PZ05-54- An application to amend Conditional Use Permit PZ05-27 to allow construction of a storage building for the property known as Lot 2, Block 17 West 60-Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nyce, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting: · The Commission held a public hearing and approved a Conditional Use Permit on May 25, 2005 to allow the placement of a Connex storage building to be placed at 807 Peninsula Avenue. · During the public hearing, it was noted the resolution indicated "storage" while the application specified a "Connex." · Staff indicated the application was always considered as the development propose · The issue was not clarified at the time. ~ · The applicant has stated desire to place a Connex or construct a building, though they may find it more desirable to build a storage unit. · Staff recommended approval. · KMC 14.20.150(h) allows for modification of final approval -- the application was basically the same as the original except the applicant would like the opportunity to construct a storage building or use a Connex. Mark Schrag, Apartment Manager -- Stated he was available for questions of the Commission. There were no questions. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 3 There being no one else wishing to speak on the issue, the public hearing was closed. MOTION: Commissioner Amen MOVED for approval of PZ05-54 and Commissioner Bryson SECONDED the motion. There was no further discussion. VOTE: Glick Yes Hammelman Yes [ Bryson Twait Yes Eldrid§e Yes [ Amen Barrett Absent Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINGS-- None. ITEM 7: NEW BUSINESS Discussion/Recommendation -- Tideland Application for Shore Fishery Kebschull reviewed the K. Howard memorandum included in the packet which explained Ted J. Crookston requested the city to begin the process to allow for a shore fishery lease. A map was included showing the boundary in which the location of the area proposed to be leased. Kebschull also noted, the issue had been brought to the Harbor Commission at their September meeting and was now before the Planning & Zoning Commission as required by code. The question before the Commission was whether it approved the concept of leasing. If council determined to proceed with the leasing process, the lease would be brought forward to the Commission at a future date. Eldridge reported the Harbor Commission reviewed the application and recommended going forward with the leasing process. Ted Crookston -- Crookston explained he had been fishing in the area for many years and this year was the fa'st he was aware some of the area in which he was fishing was city water. His other sites are within the State water area. Crookston added, he wanted to proceed with the process to formalize his ability to fish the city area. Crookston also explained more particularly the location of the site. MOTION: Commissioner Eldridge MOVED to recommend the city proceed with the necessary steps to put the area under lease as an offshore fishing area. Commissioner Twa_it SECONDED the motion. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 4 Bryson asked what advantage leasing of the area would be to the city and Kebschull responded, the lease payment to the city would be $300 a year. VOTE: Glick Yes Hammelman Yes Yes Yes Twait Barrett Absent Eldrid§e MOTION PASSED UNANIMOUSLY. Am__en Yes Yes 7-b. Discussion/Recommendation -- Commission/Committee/Board Meetin§ Schedules Kebschull referred to City Clerk Freas' memorandum, included in the packet, which indicated problems arising with some of the city's commissions, committees and boards related to attendance; lack of quorum achievement; costs, including staff time and postage, etc. and requested suggestions from the members as to what might help in encouraging better attendance, etc. City Clerk Freas noted, the council recognizes the value of participation from the volunteers who make up the memberships, but problems with attendance impacts the city from costs of postage, costs of staff time involved in preparation of packets of information, collecting packet information, meeting attendance, etc., but more importantly, the impact to the members who do attend and there's not a quorum and the public who may be attending for consideration of an issue and receives no direction because of the lack of a quorum. City Council Member Buffer reviewed the intentions of the council in collecting suggestions from the different commissions/committees and boards to consider in possibly mending the code related to the current membership standards, etc. He noted, he was a proponent of what makes the most sense, which could include combining groups that have connections, i.e. Harbor/Airport, Parks/BeautifiCation, etc. in order to maximize the efforts and make sure the public is well represented. Buffer noted, because of statute mandates, the Planning & Zoning Commission was different, but council still wanted their input as to thoughts and ideas of what might make the process work better. A lengthy discussion took place in which comments included: * The quorum concerns have not been from the Planning & Zoning Commission. · Have bi-monthly meetings. , The public impact is the driver for attendance and the feeling of accomplishment when the member leaves the meeting. · Cancel meetings if there are no agenda items. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 5 · Combine commissions/committees that have similarities, i.e. Parks & Recreation with Beautification, Harbor Commission with Airport Commission, etc. Make sure the public feels a commission/committee meeting is something they want to come to and participate in the public process. Earlier meetings, i.e. 6'00 p.m. or 6'30 p.m. · Change the number of members to the commission (seven to five). · Appoint alternates to the commission/committee who may participate as a voting member if needed to make the quorum required. · Have seasonal meetings. · Because there are different legal requirements/responsibilities for the commissions/committees, they cannot be evaluated with the same criteria. · Be sure a council member is in attendance of meetings. · Hold joint meetings of commissions/committees when issues are of importance to two or more groups. · Consider teleconferencing ability. · Allow excused absences. · Change the day of to better accommodate meeting participation. · Expand the responsibilities of the Planning & Zoning Commission (beautification/landscaping, etc.) · Provide subcommittees to commissions (currently Beautification to Parks & Recreation). · Offer a stipend. If combining the Harbor and Airport Commissions, perhaps it should be a nine-member roster. Approval of August 24, 2005 Meeting Minutes Kebschull reviewed her memorandum included in the packet, noting she received a request from Cliff Baker of Integrity Surveys asking to have the minutes changed to clarify discussion on Resolution PZ05-52. Specifically, to change "The plat would vacate a 33-foot right-fo-way easement and replace it with a 30-foot uility easement" to state "The plat vacates a 33-foot right-of-way easement on Government Lots 94 and 105 and creates a 15-foot utility easement on both lots." MOTION: Commissioner Bryson MOVED to approve the minutes of August 24, 2005 and Commissioner Eldridge SECONDED the motion. Bryson stated he felt the Commission should first request City Clerk Freas to review the minutes and confn~n they were correctly written and they would remain the official minutes is no change is made. Separate from that, if there's a recommendation from staff that 15-foot easement be provided on each of the lots, they might provide a clarifying statement and the Commission could either concur or not concur with the intent of the statement, i.e. a letter in the record. MOTION TO AMEND: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 6 Commissioner Bryson MOVED to add an amendment concerning the intent of staffs recommendation on the location of the proposed utility easements and Commissioner Eldridge SECONDED the motion. VOTE ON THE AMENDMENT: Glick Twait Barrett Yes Yes Absent Hammelman . Eldrid~e Yes Bryson Yes Amen Yes Yes MOTION PASSED UNANIMOUSLY. Kebschull noted, it was not a recommendation from staff as the plat the reviewed actually showed a 33' foot vacation on both sides of the lot line and replacing it with a 15' utility easement. The request for clarification was made by Baker. Bryson asked why the surveyor had an issue with the minutes if he provided a document depicting the vacation and easements. Kebschull stated she was not aware, but plat shows the easements and it was part of the record. She also noted, the Planning & Zoning Commission is advisory (on this issue) and the vacation will come back to council for approval {the plat, for some reason, was forwarded for review prior to the vacation, which is not the normal process). Bryson stated, it would make it very easy for'the staff to provide the document presented by the surveyor and depict it as the intent of the motion. VOTE ON MAIN AMENDED MOTION: Glick Yes Twait Yes Barrett Absent Eldrid§e Yes Bryson Yes Amen Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8-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.) No action. ITEM 9: CODE ENFORCEMENT -- None. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 7 ITEM 10: REPORTS 10-a. City Council-- Buffer noted the following: · With the upcoming election, it was not known whether he would be returning as a council member, but he appreciated what the Commission does. · There is a regular interest on behalf of the Mayor, Council and administration to look ahead to where the future of the city is going. He hoped the momentum would continue but not get ahead of itself. · The Commission has been well-represented~ by Council Member Moore. 10-b. Borough Planning -- Bryson gave a brief overview of actions taken at the September 12, 2005 Borough Planning Commission meeting. 10-c. Administration -- Kebschull reported the following: · A public hearing on the proposed Daubenspeck property rezone was scheduled for the Commission's next meeting. An application for a building permit for the remodel of the Old Town Family Restaurant was received on behalf of the Kenaitze Indian Tribe. She explained, because the Commission was designated with the Historic District Board's responsibilities upon the sunset of the Board, and because the code requires modification of buildings in the Townsite Historic Zone to be reviewed, it would be before the Commission at their next meeting. A copy of the 2006 Designated Legislative Grants was included in the packet for the Commission's information. · Administration is developing a Capital Improvement Project (CIP) Program and the Commission will be involved in the process. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. FY 2006 Alaska Designated Legislative Grants Zoning Bulletin (8 / 10/05& 8 / 25 / 05) ITEM 13: COMMISSION COMMENTS & ~UESTIONS Eldridge reported he would be out of the area for the next several months and would like to be able to continue to serve on the Commission. He also suggested the city needs to look at where arterial streets should go and where to extend water/sewer lines. He added, he felt it appropriate for the Commission to be involved in the capital improvement project list development. ITEM 14: ADJOURNMENT MOTION: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 8 Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8' 18 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 9 KENAI BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 13, 2005 7:00 P.M. KENAI COUNCIL CHAMBERS AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- Au~st 9, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a, Discussion -- Summer 2005 Flowerbed Review Discussion -- Anchorage Site Visit ITEM 6: NEW BUSINESS a. ITEM 7: Discussion -- Meeting Schedule Discussion -- Summer 2006 Flower Purchase REPORTS a. Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. City Council Action Agenda of August 3 and 17, 2005. Parks & Recreation Commission Meeting Summary of September 1, 2005. ITEM 11: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 13, 2005 7:00 P.M. KENAI COUNCIL CHAMBERS MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL The meeting was called to order at 7:15 p.m. Due to the lack of members present to constitute a quorum, the meeting was cancelled. Members present: Members absent: Others present: L. Nelson and M. LeFebvre M. Dimmick, L. Seymour, S. Hatch, H. Brown Parks & Recreation Director 13. Frates and Council Member C. Massie ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- August 9, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS Discussion -- Summer 2005 Flowerbed Review Discussion-- Anchorage Site Visit ITEM 6: NEW BUSINESS ae Discussion -- Meeting Schedule Discussion -- Summer 2006 Flower Purchase ITEM 7: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION City Council Action Agenda of August 3 and 17, 2005. Parks & Recreation Commission Meeting Summary of September 1, 2005. ITEM 11: ADJOURNMENT Megting Sum~.ary pr~d>ared by.;. · - / Carol L. Freas, City Clerk Mayor's Reoort September 21, 2005 During the past two weeks 1. Recorded a public service message with Mayor Carey to encourage donations for hurricane Katrina victims. Service announcement to mn for two weeks. 2. KED'S Business committee met to discuss their goals. 3. On Sunday, September 11, I attended a drawing for a firefighter pictured framed and donated by Frames and Things. The Kenai Lion's Club sponsored the event. Kenai Fire Department's Engineer Jason Diorec accompanied me to Soldotna for the drawing. Kenai Fire Department will receive 1/3 of the funds collected. 4. Met the new management of the Katmi Motel. 5~ Requested a meeting with the Kenai Chamber, Visitors Center, City Manager and Parks and Recreation Director to discuss a winter festival for Kenai. We are all working together to expand the Christmas Comes To Kenai into a Kenai Winter Classic. We are working towards events in skiing, sledding, snow machining, ginger bread house contest, etc. We also discussed the importance of having a presence at the annual Winter Recreation Show in Anchorage. 6. On Wednesday, the 15th went to the Kenai Court House to view the sale of the Merit Inn. The sale was cancelled. 0 Sunday, the 18th, represented the city at the annual Veteran' Family Picnic. The picnic was held at the American Legion Hall. ge I also visited Kenai Watershed Form membership/volunteer appreciation party. The meeting was held at the Kenai River Center. 9. Northgate Apartments are ready to be occupied. I stopped by to meet the new owner and enjoyed a quick walk through. The new owners are actively working on the project themselves. MEMORANDUM CITY OF KENAI ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO: FROM: DATE: SUBJECT: Charles M. Kopp, Acting City Manager Jack La Shot, Public Works Manager,S-,, September 15, 2005 Department Report for Council meeting of September 21,2005 A current Public Works bid information sheet is attached and will be included as an information item for Council The majority of the Arctic Winter Games work at the Multi-Purpose Facility should be done by the end of the month. The bleachers have not been delivered yet and will need assembly. Other minor work that should not interfere with ice usage will continue. We expect considerable experimentation will be necessary with the improvements and possibly additional work as we find needs. TO: City Council KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KEN~, AK 99611 Telephone ¢ 907) 283-7879 Fax {907) 283-2267 FROM: Charles M. Kopp, Chief of Police DATE: SUBJECT: September 15, 2005 POLICE AND EMERGENCY COMMUNICATIONS DEPARTMENTS AUGUST 2005 REPORT In August, the Kenai Police Departmem responded to 705 calls for service, and the Emergency Commumcations Depamnent answered 146 e911 calls. Kenai Police Department made 92 arrests for misdemeanor and felony offenses. Officers wrote 382 investigative reports, and issued 115 traffic citations. The department investigated 18 motor vehicle crashes, 15 of which resulted in damage only,, and 3 resulting in injuries. Seven of these crashes were Hit and Run criminal incidents. D.A.R.E. Officer George attended the National DARE Officer Conference in San Antomo, Texas. The Alaska DARE Officers Association funded the expenses for this training event. Computer Forensics. Investigator MitCh Langseth attended a one-week computer forensics examiner course in Anchorage. Crime scene & DNA collection. Officer Jay Sjogren and Sgt. Scott McBride attended a one-day crime scene DNA collection class at the Kenai River Center. Spiiiman records management system training. Janet Matson and Danette Howland were to Washington State to attend a System Administrator's course for the depamnents records management system. The course lasted four days. The class cove~ topics such as Unix Fundamentals, System Security Administration, Advanced Search Functions, Text Fields and Outlines and Environmental Variables. Alaska Northern Edge Exercise. Communications Supervisor Lee Gattenby and Dispatcher Greg Beckman assisted the City of Whittier's Dispatch Center for the Alaska Northern Edge Exercise. The drill scenario consisted of two terror cch activities: one taking over a State of Alaska ferry (passenger/vehicle ttam~rt vessel) destined for the Port of Whittier, and the other taking over an Alaska Railroad passenger car. Numerous state and federal agencies participated in this exercise. Kenai's dispatch personnel rotated in shifts to man Whittier's Emergency Operations Center and the Alaska Land Mobile Radio (ALMR) Command Center. The exercise lasted for three days. Day one was orientation and training on the ALMR system. Day two was the day of the exercise, and day three was after action review. Fire Chief Tilley also attended as an observer and evaluator. Paging System. The Emergency CommUnications Department received a grant funded upgrade to its paging system in August. The new system replaced the aging pagers used by the fire depamnent and provided police officers a new ability to receive text pages. KENAI POLICE DEPARTMENT The Kenai Police Depart~nent sen'ice calls for August: Abandoned Vehicle Alcohol Offense. Juvemle Mann Alcohol Offense. Minor. 18-20 Anhnal Problem Alcohol Offense Assault. Weapon - Other Assault. Police. Agg h~jur).' Assault. Police. Simple Arrest Warrant Assault. Simple Agenc3.' Assist / Kenai Fire Agenc3.' Assist / Other Agency Assist / SPD Agenc).-Asst/State Troopers Attended Death Attempt to Locate Breath Alcohol Test Refi~sal Burglar)..'. Non-res. Forcibl Ent Burglan.-. Resid. Forcible Ent Burglar).'. Resident. UnlawfEnt Municipal Ord/Camping Viol Citizen Dispute Child Abuse or Neglect Citizen Assist Criminal Mischief Criminally Negligent Burning Conmmnitv Relations . Contributing to Del of Minor Criminal Intelligence Cont Subst/Posession Marijuana Cont Subst/Posess Synthetics o Cont Subst/Sale/Mamff Cocaine Cont Substance/Sale/Manu/Other Disorderly Conduct ., DWI Alcohol or Drags DUI Citizen DV Assault 4th DVPO Sen. ice DVRO Violation Driving W/Lic Susp/Revoked Driving w/out a Licence Ex'tra Patrol Request Family Fight (non Violent) Felom, DWI ,, Fugitive From Justice Fraud. Impersonation False Information or Report Failure to Appear Fail to Insure Vehicle Harassment 6 1 9 1 26 1 1 1 2 1 5 9 14 3 40 1 2 2 3 1 1 1 30 2 26 23 1 8 2 1 7 2 1 1 1 13 2 7 7 7 12 3 13 3 2 1 1 3 6 13 19 KENAI POLICE DEPARTMENT hfformation Intoxicated Person Juvemle Runaway hn'emle Problem Lost or Found Propert).' Mental Subject Missing Person Motorc3'cle/Recreation Veh Prob Mumcipal Ordinance Violation Noise/Non-Criminal Nonst~cient Funds Checks Obstn~cting Justice Other Criminal . Other Non Criminal Parking Problem Protective Custocly Drugs/Alc Protective Custody Mental o Probation/Parole Violation Reckless Endangerment Resisting/Interfering w/Police Sexual Abuse of a Minor Sex Offender Registration Suspicious Person Suspicious Circumstances Suspicious Vehicle Traffic Accident./ufimal Traffic Accident. Hit and Run Traffic Accident. Prop Danmge Traffic Accident. Pers Injur3' Traffic Hazard Threats Tobacco Problem Traffic Offense Trespass of Real Propen).' Theft. Propert).'. Bic3'cle Theft. Propert3'. Building Theft. Propem.'. From Mtr Veh Theft. Propem.-. Other Theft. Propem.'. Shoplifting Theft. Vehicle: Automobile Theft. Vehicle: Other Type Unattended Death Destruct/Damage/Vandalize Prop Vehicle in Ditch Violate Conditions of Release Dutv to Warn Welfare Check Weapons Offense 26 11 1 14 26 3 1 4 6 12 1 1 4 4 1 2 1 2 2 1 1 1 9 51 11 4 11 11 2 13 17 1 62 7 6 1 4 17 6 1 1 1 1 3 2 1 26 2 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 KENAI. ALASKA MEMORANDUM To.' From: Date: RE: Charles M. Kopp, Acting City Manager Robert J. Frates, Parks & Recreation Director~~ September 15, 2005 Monthly Report- August 2005 Multi-Purpose Facility upgrades got into full swing throughout the month of August. Some of the metal sheeting for the front of the facility were damaged during shipment. Panels have been reordered. The warming shack upgrades are nearly completed and electrical hook-ups are being conducted. Ice installation will begin September 26th. Ice reservations for October through December look strong at this point. Homer, as expected, has not booked any ice but that void has been filled by Nikiski High School through November and possibly December. Most of our summer maintenance personnel exited the program mid-August. Tuff maintenance has been a central focus as well as cleaning up a few flowerbeds along with completing other miscellaneous projects. All of the department's trashcans have been painted and staged for next season. Painting was coordinated through Cook Inlet Academy's Day of Service Program. Additionally, the department received 80 hours community service work throughout August. Preparation for the cemetery gazebo was initiated and the contractor has started construction. Several plots in the cemetery were leveled, compacted and seeded, and new markers installed. Some light brash cleating still needs completed in a few locations. Four Seasons fence started working on reinstalling the chain-link fence on one side of the skate park. Some additional auguring of holes has been scheduled and needs completed before the fence can be erected. Painting of the ramps is being planned for as well. The department was contacted by a representative of the Moose Lodge (Bob Roach) about their participation in cleaning up a portion of fight-of-way located at Coral St. and Cohoe Ave. (Gusty Subdivision) near the adult softball Fields. They are giving consideration to beautifying this area through general landscaping. Additionally, the Kenai Kennel Club is working on some ideas to present to Council at some point regarding use of a portion of Sect. 36. CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666. (907) 283-8171 fax e-mail: kfdept~ci.kenai.ak.us Fire Department responses from 8-10 through 9-13-2005: Run totals are up 48 calls from this time last year We had 91 calls in the last 30 days. Year to Date Totals = 876 responses Summary of activities for last month: Conducted interviews for the departments training officer, Greg Coon received the promotion for this position. Conducted training at the airport fire station with representative from the Oshkosh ARFF vehicle division. Hosted a SafeKids car seat checkup at station one. Chief Tilly traveled to Whittier to evaluate the Citv's EOC during the statewide'disaster exercise "Northern E~tge". . Kenai Firefighters sponsored the "Beetle Mania" concert at KCHS. . ~ Kenai Firefighters gathered and.shipPed 41 boxes of donated clothing to Louisiana in response.t°. Hurricane Katrina. The department cOnducted three days of testing for our vacant firefighter position- Day one was a written test, day two firefighter skills & ability testing hosted at PRISM, and day three concluded.. With interviews. Fourteen applicants applied for the positi°n. The department helda 9-1~1.: ceremony in remembrance of the 343 firefighters wh°died in the line of duty. J{ ich ae I A rilly Fire Ch/ef Page 1 of 1 Klm Howard From: Linda McNair Sent: Monday, September 12, 2005 4:03 PM To: Kim Howard Subject: August 2005 Report The number of people walking through the doors of the Library in August was almost 10,000! Those people came in to take advantage of all there is in our library. Circulation of books was up during this month, as was the use of Public Access to Internet. Them were many who took advantage of Wireless access in the library, bringing their own laptop computers to do their emails and keep up with business while they were here. Children's storytimes continue to attract new readers to the library. The Kenai Performers will be coming to the library to do enactments of stories for our young and old readers. Now that school is back in session we are ready to help students find the materials they are looking for to complete their various reports. The Library's web site has several new informational web pages including pictures of the local area as well as pictures of recent library events. The Kenai Peninsula Orchestra Youth Ensemble performed at the library on August 10 to the delight of all who attended. It was a lovely way to lunch. 9/12/2005 Monthly Report For September 21, 2005 Keith Kornelis, Public Works Manager '"own Clock' The clock has been ordered and is scheduled to be shipped late October. HEA has ]rnished and installed a transformer, cable, meter loop, and panel. Conoco Phillips is working on the structure. ADF&G and USFWS Grant' The design for the culvert replacement on Boat Launch Road has been submitted to all of the agencies. The DNR Fish Habitat Permit is still pending. I have a cost estimate to purchase the culvert and one proposal for installation. USFWS may be requesting a design change. New Well House 4' The City and West Coast Filters have increased the arsenic removal pilot study to 40 days. We are now having problems removing the arsenic. An EPA/DEC Arsenic Treatment Technology Workshop that l attended proved to be very informative. We are very fortunate to have Nelson & Associates and G.V. Jones & Associates working for the City. There are 104 water systems in Alaska that are going to have arsenic problems in January 2006 when the new MCL goes down from 50 to 10 ppb. DEC said only one city has plans for a treatment plant (probably us). It looks like we will be eligible for a 3- year time exemption to meet the arsenic MCL. There is some new technology for color removal that we are looking at for water treatment at Well House No. 2. Lawton Water Main Extension to WH 4- The Corps is giving us a Nationwide Wetland Permit (since most of the water main will be going through wetlands). We will install the water main after the ground freezes next winter. It is questionable if we will have enough grant funds for this main and WH 4 with water treatment. Kenai River Bluff Erosion Control Project: report of bank erosion along the Kenai River. The city is reviewing the Corps of Engineers draft technical ;tate Legislative Grant- Joint Municipal Water & Sewer System Analysis' This $50,000 grant is to "Update and Improve the City of Kenai Water System Study with consideration for extending the system to neighboring areas." It will be used to update Nelson's Water System Study dated March 28, 1994. Boating Facility Launch Ramp' This grant from the state is for adding two new launch ramps. Nelson has completed the design. The public comment period for the Corps permit is over. The Corps will give the city conditions on the permit including when the launch ramps can be installed. Boatin.q Facility Exit Road & Sale of City Wetlands- The city is working on the land trade with The Conservation Fund for the boating facility exit road. There has been no money appropriated to construct this exit road; however, the recently received state grant for roads could be used. Consideration of sale or establishing a conservation easement of city-owned wetlands to The Conservation Fund is still being considered. Concrete Repairs' The street and park crew has planted grass where it was disturbed by the curb repairs. ...Gravel & Sand Supply: The gravel has been hauled, and we have enough sand for the winter. ADEC Grant Applications' I have applied for DEC matching grants for the Arsenic Water Treatment Upgrades, a Vacuum Suction Sewer Cleaning Truck, and an Upgrade to our 3 Million Gallon Storage Tank. The Arsenic Water Treatment Upgrades received high priority points. Set Net Drive LID' I have completed the Preliminary Assessment Roll, Information for Public Hearing, and -reliminary cost estimated for the proposed project. There are some interesting things to consider with this D. MEMORANDUM To: From: Date: Subject: Chuck Kopp, City Manager Rachael S. Craig, Senior Center Director September 12, 2005 August Monthly Report Total number of days rented in July 2005' Total Meal Count for August 2005' Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals: August 2004 Meals Served: Total Congregate Meals Served: Total Home Meals Served: Total Non-Senior Meals' 6 2,937 1,602 1,335 15 2,622 1,596 993 33 Volunteers donated 1,196 service hours for the month of August. We continue to have many seniors participating in our painting, jewelry, beginning computer, Intemet classes, weekly pinochle and bridge classes. We all love our pets and seniors are not exception. This month we had our annual pet parade where seniors brought their dogs. We saw many different breeds, temperaments, and wimessed their tricks. Seniors participated in trips to Halibut Cove, Kenai Landing, Ninichick Fair, Hidden Lake picnic, trip to Seward, and participated in Industrial Day. August was the beginning of our kitchen renovation project. If you drive by the center you will see workmen on the outside of the building getting ready to extend the kitchen wall towards the driveway. Please stop by and we will be glad to show you what is happening and how our kitchen will be more will efficient once this project is complete. The director attended the "Meals on Wheels" conference. There were many workshops on nutrition, special diets, meal delivery, group purchasing, team building and leadership, besides having the oppommity to network with other agency directors across our nation. KENAI. ALASKA 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX' 907-283-3014 www.ci.kenai.ak.us MEMORANDUM TO' Mayor Porter and the Kenai City Council FROM: C/~3 Cary R. Graves, City Attorney DATE' September 15, 2005 RE' Property Maintenance Ordinance During the strategic planning session, the subject of a property maintenance ordinance was discussed. Councilor Ross requested I contact a community with such an ordinance to see how it has worked there. An example of such an ordinance is Section 1301 of the Lebanon, Ohio building code. See Mathews Municipal Ordinances, {}37.78 (2"d Ed.). I sent the City Manager of Lebanon, Ohio an e-mail requesting information about how the ordinance has worked for the community. I have attached a draft ordinance. I will let you know what information Lebanon provides. questions. Please let me know if you have any CRG/sp Building and property maintenance. ao bo Maintenance required. All commercial shall be maintained in a safe, sanitary devices, safeguards and equipment shall all premises and the condition of all be maintained so as to prevent and shall reflect a level of maintenance in City of Kenai and so as to ensure that the hazards to public health and safety ar Maintenance standards. 1. Maintenance of structures. components of every roofs, chimneys, cornices, g fire escapes, exterior stairs, and awnings. uildings and structures, and all parts thereofi on-hazardous manner. All means of egress, in good working order. The exterior of structures and components thereon shall .oration, so that the appearance thereof with all applicable ordinances of the itself may be preserved safely and that me owner ood repair, 'cupant shall keep all exterior .ng but not limited to, walls, porches, steps, landings, signs, marquees Be C, De All surfaces shall be a protectiVe coating, such as paint, plastic or other/~aterial ! the structure and does not contribute to d6[eri6~tion. ~ specifically designed to be used without a prote'cti~ co~g are i from this requirement. All surfaces shall ~ l~aitg,ained i ~xdeterioration, including but not limited to, broken gl~ss,~X4o6a.e or m~ '.in'g, shingles or siding, crumbling brick, stone and mortar,~a~e~ng, s, ~'al~' or deteriorated paint. Overhangingr~ ares,X' x,,, ,.,,x~no4,u~ngxcanopi~s,V~ marquees, signs, awnings, exterior sta~-u fire eSSays, an'dx, other structures with overhanging extensions ~ha .ntain~kd in go~od~pair, be securely anchored to the structure, /kn~ cted ~rom['i~~' and other signs of decay by application ct,, protecfi~e~at~¥ial such as paint. Non-operative or broken eleci .shall be~e.p~red or removed. All obsolete signs and sign ~, Imct removedx ~ Windows may by op :ue material or boarded over except for not to exceed seven (7) days. 2. Maintenance A. All Be Ce De Si fences, object const or removed. All paved shall be maimain¢ All fences, retainin the ground and mai other elemems subjec maintained with deterioration. shall be maintained in a safe and limited to steps, walks, driveways, ~s, grass and weeds. If any such area or or safety, it shall be repaired, replaced ks that exist within the public right-of-way ition. imilar structures shall be firmly anchored in ood structural repair. Wooden elements or deterioration from weathering shall be paint to preserve the element and to retard Weeds and grass shall be kept trimmed and from becoming overgrown. Page 1 of 2 do Eo Fo Trees and shrubs which have branches projecting into the public right-of- way, including public sidewalks, public places or public highway, shall be kept trimmed to .~ prevent i :erference with any person or vehicle lawfully using the right-of-way. Trees and shrubs affiicte form of decay or vegetation sickness that can be transmitted to ?h~eor tw~rTee~~h or shrubs shall be removed or shall be treated or sprayed by or occupant of the property to eliminate the risk of any such d .~getation sickness being transmitted to other trees. Dead trees in pi tit~to rights-of-way, buildings, structures, or congregations of l~ple ~ h~y endanger such objects shall be removed. / ~ ~ ~ G. All yards, courts or/lots ~hall be k'~tY{ee o£ accumulations of trash, garbage waste, rubbish, I"efuse, junk,~an~ other noxious or offensive materials or substan~s t~at r~y cause~ fl, r~e hazard or may act as a breeding place for verm~i~ o~irJse~ts. Storag~o~miscell~eous items must be within enclosed structffr~s'6r scr~.ened as re~,ired in the Zoning Code. H. All portions of' all premises~hall b~~ graded so there is no pooling of water or recurrent entr~ ofwater~to~ny basement or cellar. All condensate and waste coolifi~g w~er shall b~ di~harged into the storm sewer system in accordance within sk~h or plah~ a~xt~roved by the City Engineer. Maintenance after casualty damage. ~,W~in a pei'~d~f thirty (30) days after casualty damage to any premises the owner ah~d ~er'at~r shall'~~h¢ following steps: 1. Contract for the repair .an..d rcst~a~~ c~damagL~~as and removal of debris; and 2. Contract for the dition an~,re~'~v~ any'pm of the premises not to be the r~m~al ebris in connection therewith. repaired and ~o~. Penalty. Any person, or corpXoration_wl~ upon conviction be .deal ~oXi~viol-~ni offense shall be deemed cc ~ac ~on ~.h shall violate this section shall ~: of KMC 13.05.010. A separate OCCURS. Page 2 of 2 KENAI, ALASKA /.__'Z 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us MEMORANDUM TO' Mayor Porter and Councilors FROM' ('/~ Cary R. Graves, City Attorney DATE: September 15, 2005 RE: Conservation Easements The Conservation Fund has proposed buying or acquiring a conservation easement in approximately 745 acres of wetland property next to the Kenai River. During the last meeting, a question came up regarding the City's liability for violations of the restrictions in a conservation easement. Alaska has adopted the Uniform Conservation Easement Act (AS 34.17.010-060) that establishes the ability to grant conservation easements in this state. The entity acquiring the easement is the "holder" of the easement. The city would be the "grantor" of the easement. Both the holder and the grantor have enforcement responsibilities under a conservation easement. The holder has the obligation to monitor the property to ensure the grantor has not created or allowed any violations of the easement. The grantor is responsible for not creating or allowing any violations of the easement. If the holder discovers a violation, it can demand the grantor fix the violation at the grantor's expense. If the grantor does not fix the violation, the holder can sue to get a court order to require the grantor to fix the violations. The grantor may also be liable to the holder for damages a violation causes for loss of scenic, aesthetic or environmental values of the property. Here's an example. Let's assume a property owner granted a conservation easement to a group that promised not to log a piece of timbered property. If the property was logged in violation of the easement, the easement holder could sue to require the property to be reforested by planting new trees and also for damages to the scenic, aesthetic or environmental values of the land. I have attached a "Model Conservation Easement" for your information. Paragraph 6 of the document contains the easement holder's remedies against the property owner for violations of the easement. I have also included a fact sheet summary regarding conservation easement. Please let me know if you have any questions. MODEL CONSERVATION EASEMENT Natural Lands Trust (610) 353-5587 Source: Diehl, J. and T. Barrrett. "The Conservation Easement Handbook". For: theTrust for Public Land and the Land Trust Alliance. Washington, DC. MODEL CONSERVATION EASEMENT Model Conservation Easement Note: The boxed numbers inserted in the text of the easement correspond with the subheading numbers in the commentary that follows. DEED OF CONSERVATION EASEMENT THIS GRANT DEED OF CONSERVATION EASEMENT is made this ~nd _day of ,19__. by _ husband and wife, having an address at ("Grantors")'," in favor of - a non profit [state of incorporation] _ corporation [qualified to do business in h r r i I having an address at _("Grantee"). ~ - WITNESSETH: WHEREAS, ~ grantors are the sole owners in fee simple of certain real property in _ County, rstate] more particularly described in Exhibit A attached hereto ~nd incorporated by' this reference (the "Property"); , and WHEREAS, the property possesses _ re.g., natural, scenic, open space. aiues (collectively, "conservation values") of gmat importance to Grantors, the people of[county, locale, _ or region] _ And the people of the State of ' · ~ and- WHEREAS, in particular, .... [describe specific con-Servation ._.~aJ.~[~]~~.~.~_; ~ and - WHEREAS, the specific conservation values of the Property are documented in an inventory of relevant features of the Property, dated ,19 .... ,_ [on file at the offices of Gmntec~or-I - _ attached h~reto as Exhibit BI ~and incorporated by this reference ( Baseline Documentation"), which consists ~f reports, maps, photographs, and other docu- mentation that the parties agree provide, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; and ~ WHEREAS, Grantors intend that the conservation values of the Property be preserved and maintained by the continuation of land use patterns, including, without limitation, those relating to . . farmin ran hin or timber production] Existing at the time of this grant, that do not significantly impair or interfere with those values; and ~ MODEL EASEMENT WHEREAS, Grantors further intend, as owners of the Property, to convey to Grantee the right to preserve and protect the conservation values of the Property in Perpetuity; and , WHEREAS, Grantee is a publicly supported, tax-exempt nonprofit organization, qualified under Section 501(c)(3) and 170(h) of the intemal Revenue Code, whose primary purpose is [e._a.. the preservation, protection, . or enhancement of land in its natural, scenic, historical, agricultural, , forested, and/or open space condition]_; and ,o - WHEREAS, grantee agrees by accepting this grant to honor the intentions of Grantors stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come; ,, NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the lows of [state where property is located] _ and in particular [s_~ecific state statutory authority] , Grantors hereby voluntarily grant and convey to - Grantee a conservation- ~e~sement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement"). ,~ 1. Purpose. it is the purpose of this Easement to assure that the Property will be retained forever [predominantly] in its re.o., natural, scenic, historic. agricultural, forested, and/or open space] con~liti~on and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. Grantors intend that this Easement will confine the use of the Property to such activities, including, without limitation, those involving [e.g.. farming, ranching, timber production, public recreation, or education]_, as are consistent with the purpose of this Easement. ,~ 2. Riohts of Grantee. To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: a. To preserve and protect the conservation values of the Property; b. To enter upon the Property at reasonable times in order to monitor Grantors' compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantors, and Grantee shall not unreasonable interfere with Grantors' use and quiet enjoyment of the Property; and c. To prevent any activity on or use of the Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 6. ,~ 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: ,s [Insert Express Restrictions] MODEL CONSERVATION EASEMENT 4. Reserved Rights. Grantors reserve to themselves, and to their per- sonal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the dght to engage in or permit or invite others to engage in all uses of the Property that are not expressly pro- hibited herein and are not inconsistent with the purpose of this Easement. [Without limiting the generality of the foregoing, the following rights are expressly reserved:] ,~ [Insert Express Reservations, if desired] 5. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantors to notify Grantee prior to undertaking certain permitted activities, as provided in paragraphs , is to afford Grantee an opportunity to ensure that the activities in question are designed and carded out in a manner consistent with the purpose of this Easement. Whenever notice is required Grantors shall notify Grantee in writing not less than [e.g.. sixty_ (60)] _ days prior to the date Grantors intend to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgement as to its consistency with the purpose of this Easement. 5.1 Grantee's A.D_Dmval. Where Grantee's approval is required, as set forth in paragraphs ~.___, Grantee shall grant or withhold its approval in writing within [e.g., sixty_ (60)]_ Days of receipt of Grantors' written request therefor. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with th/e..?~r~ose of this Easement. ,o ~. If Grantee determines that Grantors are in violation"sf the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantors of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured. If Grantors fail to cure the violation within [e.c~.. thirty (30)] Days after receipt of notice thereof from Grantee, or under ci~cumst-ances where the violation cannot reasonably be cured within a . rthirty (30)] Day period, fail to begin curing such violation within the [thirty. (3~)]_'Day period, or fail to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement of injury to any conservation values protected by this Easement, including damages for the loss of scenic, aesthetic, or environmental MODEL EASEMENT values, and to require the restoration of the Property to the condition that existed prior to any such inju~. Without limiting Grantors' liability therofor, Grantee, in its sole discretion, may apply any damages recovered to the cost of under- taking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without pdor notice to Grantors or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantors agree that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. ~o 6.1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Easement against Grantors, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantors' violation of the terms of this Easement shall be borne by Grantors. If Grantors prevail in any action to enforce the terms of this Easement, Grantors' costs of suit, including, without limitation, attorneys' fees, shall be borne by Grantee. ~, 6.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its dghts under this Easement in the event of any breach of any term of this Easement by Grantors shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any 'breach by Grantors shall impair such right or remedy or be construed as a waiver. 6.3 Waiver of Certain Defenses. Grantors hereby waive any defense of laches, estoppel, or prescription. ~ 6.4 Acts Beyond Grant0r~' Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantors for any iniury to or change in the Property resulting from causes beyond Grantors' control, including, without limitation, tim, flood, storm, and ~arth mo¥omont, or from any prudent action taken by Grantors under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. ~a 7. Access. No right of access by the general public to any portion of the Property is conveyed by this Easement. ~ MODEL CONSERVATION EASEMENT 8. Costs and Liabilities. Grantors retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantors shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantors. ~ 8.1 Taxes. Grantors shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the .Property by competent authority (collectively "taxes"), including any taxes ~mposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. [Grantee is authorized but in no event obligated to make or advance any payment of taxes, upon [e.g.. three (3)] Days pdor wdtten notice to Grantors, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the bill, state- ment, or estimate, and the obligation created by such payment shall bear interest until paid by Grantors at the lesser of percentage points over the prime rate of interest from time to time charged by [designated bank] or the maximum rote allowed by law.] 8.2 Hold Harmless. Grantors shall hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judg- ments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the obligations specified in paragraphs 8 and 8.1; and (3) the existence or adminis- tration of this Easement. ~7 9. Extinguishment. If circumstances adse in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated tr extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by ~ law at the time, in accordance with paragraph 9.1. Grantee shall use all such proceeds in a manner consistent with the conservation purposes of this grant. ~8 MODEL EASEMENT 9.1 Proceeds. This Easement constitutes a real property interest immedi- ately vested in Grantee, which, for the purposes of paragraph 9, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumberod by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the Intemai Revenue Code of 1954, as amended. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. ~, 9.2 Condemnation. if the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. ~o 10. Assignment. This Easement is transferable, but Grantee may assign its fights and obligations under this Easement only to an organization that is a qualified organization at the time ofamasfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under [state statute] (or any successor provision then applicable). As a condition of such transfer, Grantee shall require that the conservation purposes that this grant is intended to advance continue to be carried out. a~ 11. Subsequent Transfers. Grantors agree to incorporate the terms of this Easement in any deed or other legal insmanent by which they divest themselves of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantors further agree to give written notice to Grantee of the transfer of any interest at least [e.g., twen _ty (20)] days prior to the date of such transfer. The failure of Grantors to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enfomxmbility in any way. ~2 12. Estoppel (Tertificates. Upon request by Grantors, Grantee shall within [e.g., twen _ty (20)1 days execute and deliver to grantom any document, including an estoppel certificate, which certifies Grantors' compliance with any obligation of Grantors contained in this Easement and otherwise evidences the status of this Easement as may be requested by Grantors. ~ 13. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantors: MODEL CONSERVATION EASEMENT To Grantee: or to such other address as either party from tie to time shall designate by wdtten notice to the other. ~ 14. Recordation. Grantee shall record this instrument in timely fashion in the official records of County, [state] And may re-record it at any time as may be re'~iuired to preserve its rights in this Easement. ~ 15. General Provisions. a. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of [state] _. b. Liberal Construction. Any general rule of construction to thc contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of, [state statutel. If any provision in this immanent is found to be ambiguous, an interpretation comistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. c. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. d. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiatiom, understandings, or agreements relating to the Easement, all of which are merged herein. [No alteration or variation of this immmaent shall be valid or binding unless contained in an amendment that complies with paragraph (see supplementary provisions re: Amendment.)] e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f. Joint Obligation. The obligations imposed by this Easement upon Grantors shall be joint and several. g. Successors_. The covenants, ternts, conditions, and restrictions of' this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude nming in perpe~ty with the Property. h. Termination of Rights and Obligations. A party's fights and obligations under this Easement temamte upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occtafing prior to transfer shall survive transfer. MODEL EASEMENT i. Ca.oti0ns. The captions in this imtmment have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. j. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. ,~ TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever. ~ IN WITNESS WHEREOF Grantors and Grantee have set their hands on the day and year first above written. Grantors [Acknowledgments] By, Grantee its [Official Capacity_] Ae B. orC. [C. or D. SCHEDULE OF EXHIBITS Legal Description of Property Subject to Easement Baseline Documentation] Site Descriptions/Map Identification of Prior Mortgage MODEL CONSERVATION EASEMENT Supplementary Provisions ~ (Paragraph numbers indicate relative position in model.) [5.2] Arbitration. Ifa dispute arises between the parties concerning the consistency of any proposed use or activity with the purpose of this Easement, and Grantors agree not to proceed with the use or activity pending resolution of the dispute, either party may refer the dispute to arbitration by request made 'in writing upon the other. Within [e.g.. thirty_ (30)] days of the receipt of such a request, the parties shall select a single arbitrator to hear the matter. If the parties are unable to agree on the selection of a single arbitrator, then each party shall name one arbitrator and the two arbitrators thus selected shall select a third arbitrator; provided, however, if either party fails to select an arbitrator, or if the two arbitrators selected by the parties fail to select the third arbitrator within [e.g.~ fourteen (, 14)] _ days at~r the appointment of the second arbitrator, then in each such instance a proper court, on petition of a party, shall appoint the second or third arbitrator or both, as the case may be, in accordance with [state arbitration statute]__, or any successor statute then in effect. The matter shall be settled in accordance with the [state arbitration, statute or other armror~fiate body of rules] then in effect, and a judgment on the arbitration award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for all its costs and expenses related to such arbitration, including, without limitation, the fees and expenses of the arbitrators and attorneys' fees, which shall be determined by the arbitrator(s) and any court of competent .jurisdiction that may be called upon to enforce or review the award. ~0 [Between 9 and 10] Amendm~t. Ifcimumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantors and Grantee are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualification of this ~ent or the status of Grantee under any applicable laws, including [state statute] or Section 170(h) of the Internal Revenue Code of 1954, as amended, and any amendment shall be consistent with the purpose of this Easement, and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of .. County, [state] _. ~, [10.1] Executory Limitation. If Grantee shall cease to exist or to be a qualified organization under Section 170(h) of the Internal Revenue Code of 1954, as amended, or to be authorized to acquire and hold conservation easements under [state statute], and a prior assignment is not made pursuant to paragraph 10, then Gmtee's rights and obligations under this Easement shall becx>me immediately vested in [desi~ated back-up m'a__nteel . If [desi~nat~ back-up grantee! is no longer in existence at the time the rights and (~blig~tions under this Easement would otherwise vest in it, or if [desi~ated back-ur> _~antee_l_ is not qualified or authorized to hold conservation easements as provided for an assiglm~ent p~t to paragraph 10, or if it shall refuse such MODEL EASEMENT rights and obligations, then the rights and obligations under this Easement shall vest in such organization as a court of competent jurisdiction shall direct pursuant to the applicable [state] law and with due regard to the requirements for an assigmnent pursuant to paragraph 10. ~ [Between 10 and 11] Subordination. At the time of conveyance of this Easement, the Property is subject to the mortgage identified in Exhibit [C or D]~ attached hereto and incorporated by this reference, the holder of which has agreed by separate instrument, which will be recorded immediately after this Easement, to subordinate its rights in the Property to this Easement to the extent necessary to permit the Grantee to enforce the purpose of the Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the mortgage holder. The priority of the existing mortgage with respect to any valid claim on the part of the existing mortgage holder to the proceeds of any sale, condemnation proceedings, or insurance or to the leases, rents, and profits of the Property shall not be affected thereby, and any lien that may be created by Grantee's exercise of any of its rights under this Easement shall be junior to the existing mortgage. Upon request, Grantee agrees to subordinate its rights under this Easement to the rights of any future mortgage holders or beneficiaries of deeds of trust to the proceeds, leases, rents, and profits described above and likewise to subordinate its rights under any lien and to execute any documents required with respect to such subordination, except that the priority of any lien created by Grantee's exercise of any of its rights under this Easement prior to the creation of a mortgage or deed of trust shall not be affected thereby, nor shall this Easement be subordinated in any other respect. ,~ Conservation Easements, CDFS- 1261-98 Ohio State University Fact Sheet Community Development 700 Ackerman Road, Columbus, OH 43202-1578 Page 1 of 4 Conservation Easements CDFS-1261-98 Land Use Series Peggy Schear Thomas W. Blaine A conservation easement is a restriction placed on a piece of property to protect the resources (natural or man-made) associated with the parcel. The easement is either voluntarily sold or donated by the landowner, and constitutes a legally binding agreement that prohibits certain types of development (residential or commercial) from taking place on the land. The purpose of this fact sheet is to answer a number of frequently asked questions about conservation easements. For specific information on the purchase and sale of conservation easements, see OSU Extension Fact Sheet, Purchase of Development Rights (PDR), CDFS-1263-98. Frequently asked questions: Conservation Easements What is an easement? Ownership of a piece of property may best be described as a "bundle of fights." These fights include the fight to occupy, use, lease, sell, and develop the land. An easement involves the exchange of one or more of these fights from the landowner to someone who does not own the land. Easements have been used for years to provide governments, utilities, and extractive industries with certain property fights. An easement permits the holder certain fights regarding the land for specified purposes while the ownership of the land remains with the private property owner. What is a conservation easement? A conservation easement is designed to exclude certain activities on private land, such as commercial development or residential subdivisions. Its primary purpose is to conserve natural or man-made http ://ohioline.osu.edu/cd-fact/1261 .html 9/14/2005 Conservation Easements, CDFS- 1261-98 Page 2 of 4 resources on the land. The easement itself is typically described in terms of the resource it is designed to protect (e.g., agricultural, forest, historic, or open space easements). The easement is a legally binding covenant that is publicly recorded and runs with the property deed for a specified time or in perpetuity. It gives the holder the responsibility to monitor and enforce the property restrictions imposed by the easement for as long as it is designed to mn. An easement does not grant ownership nor does it absolve the property owner from traditional owner responsibilities, i.e. property tax, upkeep, maintenance, or improvements. What does an agricultural easement cover? An agricultural easement is a specific type of conservation easement, designed to protect land from development and insure that the use of the land will remain conducive to agriculture in the furore. Agricultural easements are designed to meet the needs of the property owner. They may include provisions for limited development for buildings such as barns, and housing for children and grandchildren who wish to stay on the farm. They may exclude certain sections of the farm from the easement entirely. As with other types of conservation easements, agricultural easements basically limit or prohibit the land from being developed for residential or industrial purposes regardless of who owns the land in the furore. What are the tax implications of conservation easements? If an easement is granted in perpetuity as a charitable gift, some federal income and estate tax advantages usually accrue. These tax savings may be substantial, and are often cited as a major factor in landowners' decisions to donate easements. The 1997 federal tax law specifies estate easement donation options for fan~s within 25 miles of a metropolitan area. Property tax benefits are state and locally determined and may vary. Contact an attorney knowledgeable about land-use law for specific tax implications. Who can grant a conservation easement? The owner of the property is the only one who can decide to place a conservation easement on his or her property. When a property is owned by several individuals, all owners must agree to place the easement. If the property is mortgaged, the mortgage holder must also be in agreement for the easement to be placed. A conservation easement is a voluntary land-protection tool that is privately initiated. Who holds the easement? A conservation easement is designed to protect a property according to the owner's wishes. Since the easement is generally granted in perpetuity, it is necessary for an outside party to be responsible for the monitoring and maintenance of the easement. The outside party "holds" the easement and is required to monitor and enforce the adherence of current and furore property owners to the terms of the easement. Typically, easements are held by local government agencies, land trusts (see OSU Extension Fact Sheet, Land Trusts, CDFS-1262-98) or other nonprofit organizations designed to hold them. Since the monitoring and maintenance of easements requires personnel inputs in perpetuity, easement donors often are required to provide financial support for the easement if it is held by a nonprofit organization. Designating both a government agency and a nonprofit or land trust as co-holders of the easement is an alternative selected in many easements and may be required in certain public programs wherein the easements are purchased by a government preservation program or organization. http ://ohioline.osu.edu/cd-fact/1261 .html 9114/2005 Conservation Easements, CDFS- 1261-98 Page 3 of 4 Is land under a conservation easement considered public property? The easement can restrict or permit certain public uses of the land. An easement does not have to permit public access at all. The decision to allow public access is left to the individual property owner who places the easement on the property. It is important to emphasize that land covered by a conservation easement is still privately held land, with the only restrictions on land use being those desired by the owner who places the easement on the property. Certain government initiated easement programs may require some public accessibility in order to meet tax requirements so it is necessary to investigate the public access requirements before writing the easement. What are the responsibilities of the easement holder? Whether the easement holder is a public or nonprofit organization, the holder has the responsibility to enforce the requirements stipulated in the easement. This responsibility generally includes. a. Establishing baseline documentation through ensuring that the language of the easement is clear and enforceable, developing maps, property descriptions and baseline documentation of the property's characteristics. b. Monitoring the use of the land on a regular basis. This may require personal visits to the property to ensure that easement restrictions are being upheld. c. Providing information and background data regarding the easement to new or prospective property owners. d. Establishing a review and approval process for land activities stipulated in easement. e. Enforcing the restrictions of the easement through the legal system if necessary. f. Maintaining property/easement related records. Where can I get more information about conservation easements? American Farmland Trust, 1920 N St. NW, Suite 400, Washington, DC 20036 phone 202-659-5170 Land Trust Alliance, 1319 F St. NW, Suite 501, Washington, DC 20004 phone 202-638-4725 Trust for Public Land, 116 New Montgomery St. 4th Floor, San Francisco, CA 94105 phone 415-495- 4014 ' Where can I read about conservation easements on the World Wide Web? http ://www. farmland, or~ References Conservation Easements. Fact sheet. Land Trust Alliance: Washington, D.C. )Coughlin, Thomas A. 1991. "The use of easements for land conservation and historic preservation." Pennsylvania Land Trust Handbook. Chesapeake Bay Foundation. http://ohioline.osu, edu/cd.fact/1261.html 9/14/2005 Conservation Easements, CDFS- 1261-98 Page 4 of 4 Daniels, T. and D. Bowers. 1997. Holding Our Ground: Protecting America's Farms and Farmland. Washington DC: Island Press. Diehl, J. and T. Barnett, eds. 1988. The Conservation Easement Handbook. Alexandria, VA: Land Trust Alliance and Trust For Public Land. Land and Stewardship. Spring, 1995. Conservation Stewardship Office, Vermont Land Trust: Woodstock, VT. Mennito, Donna. Overview, agriculture land preservation program. Unpublished Mimeograph. Howard County, Maryland. Small, S.J. 1992. Preserving Family Lands: Essential Tax Strategies for the'Landowner. Landowner Planning Center, Boston, MA. Wayburn, Laurie A. 1994. "Saving the forests for the trees, and other values." The Back Forty, The Newsletter of Land Conservation Law. Vol. 4, No. 5. All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status. Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension. TDD No. 800-589-8292 (Ohio only) or 614-292o 1868 I Ohioline I Search I Fact Sheets I Bulletins ! http ://ohioline.osu. edu/cd-fact/1261 .html 9/14/2005 i 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak.us KENAI, ALASKA V~/ MEMORANDUM TO: Mayor and Council Members FROM: DATE: RE: Carol L. Freas, City Clerk September 16, 2005 SPECIAL ASSESSMENT PETITION-- McCollum Drive and Aliak Drive On September 16, 2005, a Special Assessment Petition was received in my office. The petition requests paving of McCollum Drive and Aliak Drive (paving the street and driveways). The petition appears to have sufficient signatures of property owners and description of the requested improvement. A copy of the petition has been forwarded to Acting City Manager Kopp. The receipt of the petition and submittal to the city manager begins the following time schedule: Petition Receipt/Sufficient Signatures: September 16, 2005 Submittal of this memo to ACM Kopp: September 16, 2005 Sixty-day period ends: November 15, 2005 Report to Council by: November 2, 2005 (within the 60-day period) Prelim. Assessment Roll to Clerk by: Resolution/Set Public Hearing on Preliminary Assessment Roll: December 2, 2005 (based on report being submitted to council on November 2, 2005) January 3, 2006 (30 days)/December 21, 2005 Council Meeting for consideration. A copy of KMC 16.10 which describes the general provisions and procedure is attached for your review and information. clf Attachment INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER 21, 2005 Xe 9 / 12 / 05 F. DeWayne Craig letter regarding water/sewer assessments at Bluff View Condominiums, #91701.01,406 S. Forest Drive, Kenai. o 9 / 7 / 05 Board of Adjustment Hearing Verbatim. o 9/05 Resource Development Council for Alaska, Inc., Resource Review. e Cit of Kenai Mini-Grant, Overview/Procedures. . 9 / 20 / 05 Kenai Peninsula Borough Assembly Meeting Agenda. o Kenai Municipal Airport Enplanement and Float Plane Basin Activity Reports. Attention: City Council City of Kenai 210 Fidalgo Avenue Kenai, Alaska 996111 F. DeWayne Craig P O. Box 1613 Kenai, Alaska 996111 283-7842 September 12, 2005 Re: Water Sewer Assessments Bluff View Condominiums - Account #91701.01 406 S. Forest Drive The city assessed $3,819.26 for 60 months of water and sewer service to this account in 2004 by determining that a higher rate should have been charged based on six units. After getting city approval of the survey showing six units and the declaration for condominiums was filed, we then notified the finance department to change the account from our personal account to the condominium association. But neither of those actions prompted the city to increase the charges for six units. Mr. Semmens told me that even if it was the city's fault, I still used the services and therefore I owed the charges. A water meter was installed this year and the monthly billings have dropped from total monthly charges of $230.14 to the following: March $82.99; April $82.99; May $82.99; June $80.45, July $93.72, Aug. $92.38. The average of these current six momhs is $85.92, including the July rate increase.. With this record of metered consumption, it is obvious that six units would not have consumed at the higher rote during 1999-2004. I have paid the $3,819.26 of additional assessments. However, In light of the above proof of actual metered consumption being much lower, I am requesting that the city issue a refund of at least one-half to me since I had to pay out of my own pocket and was unable to charge my renters. Re~ecffully submitted, F. DeWayne Crmg cc: Larry Semmens BOARD OF ADJUSTMENT HEARING SEPTEMBER 7, 2005 6:00 P.M. KENAI CITY COUNCIL CHAMBERS Appeal of Planning ~ Zoning Commission's denial of PZO$-46, an application to rezone the property known as a Portion of Crovernment Lot 4. TO$1~, RI OW, $06 (That Portion of Gov. Lot 4 Beginning a~ NW Corner of O£ 4 TH Eas~ $47. I 0 Ft to a ~oint of Intersection with Centerline of Kenai Spur Highway Th $ 24 Deg 23'30" E along Centerline of Hunj 609.38 F~ Th I~ 65 Deg 36'30~ E 1 O0 Ft to Point on East), $648 Kenai Spur Highway, from Rural Residential to General Commercial. Application submittal by Ja~l T. and William A. Snow, $548 Kenai Spur Highway, Kenai, Alaska. Appeal filed by Jay T. and William A. Snow. Mayor Porter called the proceedings to order at 6:00 p.m. Roll was confirmed as follows: Board Members Present: Board Members Absent: Staff Members Present: C. Massie, B. Gilman, d. Buffer, P. Porter, d. Moore and L. Swarner R. Ross City Clerk C. Freas, Acting CiW Manager C. Kopp, Planner M. Kebschull Porter confirmed with those in the audience they received notification of the hearing and procedure to be followed. Porter opened the hearing. Verbatim begins: Porter: Is there anyone from the general public who would like to come and make testimony regarding the appeal? If you have a testimony to make, you need to come forward now. Either one of you gentlemen want to come forward and make a statement? Snow (from the audience)' I'm Mr. Snow, the property owner, do I need to come and... Porter: Yeah, I think it would be a good idea for you to come up and make a statement. Please state your name and your address for and then remain standing because our clerk will be swear you in for testimony. Snow: My name's Jay Snow. I'm at the address of 5648 Kenai Spur Highway and the reason I'm here is the, my property does meet the guidelines for the rezoning and... Clerk: Please stand and be sworn in. Do you solemnly swear or affirm the teat/mony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Snow: Yes. BOARD OF ADJUSTMENT HEARING SEPTEMBER 7, 2005 PAGE 2 Porter: Okay, Mr. Snow, continue. Snow: I read through the packet here of the meeting before and it seems that my neighbors seem to think that I'm going to have a car lot on the property which isn't my intention to have a car lot, but I do have a shop on the back side of the property that I would like to set up-as a auto repair shop. And, I've had two offers to have the house converted into a cafi which I still have to have the property rezoned as General Commercial to do that too and therefore, I'm appealing to the City Council here to have the Board's decision overturned. Porter: Mr. Snow, basically, what are, what are purpose here today is to hear testimony and review basically what's in here and we can ask questions if we need to do that. But other than that, we don't make a decision here tonight. I don't know if you're aware of that or not. Snow: No, I'm not. Porter: Okay. Normally what happens, after we receive testimony, then we will close the hearing and there will be a thirty-day period of time with which the Board of Adjustment can submit their vote as to how they would like to vote either for or against the rezone. That's normally how it goes. So, let me just ask this, if you're done testifying, is there anyone from the Board of Adjustment that would like a question of Mr. Snow? Councilwoman Swarner...oh, excuse me, Board Member Swarner. Swarner: Thank you Madam Mayor. I have a question, did I understand you correctly that you just said your intent was not to have a car lot? Snow: Yes. Swarner: Okay, but on the rezoning application, it says on here, "intended use or reason for rezoning" is a car lot for sales. Snow: No, my reasoning was to, on my, well let's go back to it. Swarner: It's listed as BA-2-a in my packet. Snow: B-A-2-A. Oh, the only thing that I have been doing is I repaired a few cars of my own that I put out there, one or two at a time. If that designates me as a car lot, then I guess I have a car lot. Otherwise I'm just putting out a couple of cars for sale that I repaired... BOARD OF ADJUSTMENT HEARING SEPTEMBER 7, 2005 PAGE 3 Swarner: Well, I, it, it, this is printed and it looks like your application for rezoning so that's why I'm confused. Snow: I'm trying to fred... Porter: It's by front page number 3 if you've got the same packet we do, if you count three pages... Swarncr: Right, from the front. Snow: Three pages...okay. Porter: Swarner: Now, look down at the bottom and it will say... B-A-2-A...you just passed it. Porter: ...right in the comer, right here, Mr. Snow. Right here. It looks like this. Snow: That page. Oh, well this, okay, yes, at that time I had, I guess I did f~ it out that way as a part. That's not my really intention. My intention is to have a car repair shop back at the, in my shop, which rye been trying to set up for that right, you know, since the beginning. And, like I say, my, my intentions is not to have a car lot there. My intentions is to have a car repair shop in the back part of the property which I will put up fences ff the neighbors wish and ff I do anything else to the property to make it so that it's not visible from the street. The shop does pretty much block anything that I have back behind it, so it's not in visible sight. But, like I say, my intention is to put a repair shop back there and ff I can, rd like to refurbish the house into a commercial building at a later time. Porter: Board Member Swamer. Swarner: Thank you. I guess this is a question for the city manager,-but it's probably a legal question. Since the original application says car lot for sales... Kopp: Yeah, it's, it's a good question Board Member Swarner. Here is one of the problems I see when this was first brought to Planning & Zoning, it was brought as a car lot as you pointed out and so all the testimony taken on it, the people that testified a~umed it was going to be car lot. I nOticed Mr. Bob Holt and others, their concern was with the car lot. I, I really think the appropriate venue is for Mr. Snow to go back before Planning & Zoning with a more specific plan of what he intends to do with that property. If it's not going to be a car lot, the neighbors need to know that. It may be a repair shop, without vehicles being for ~ale on the lot, might fly. There maybe other things discussed, but, but, clearly, there is a misrepresentation to the P&Z at one time of exactly what this was going to be. Mr. Snow is now saying that it's not going to be a BOARD OF ADJUSTMENT HEARING SEPTEMBER 7, 2005 PAGE 4 car lot, although the application clearly states that's what the intention was and in fact, the administration, when I was talking with Ms. Kebschull earlier was misinformed on this point and if I could, Madam Mayor, Ms. Kebschull could speak to the issue too. Kebschull: The board should understand... Porter: Excuse me. Ms. Kebschull, just a moment, you need to be sworn in as well... Mr. Snow, could you please step back for just a moment, please? Snow: Sure. Porter: Thank you. Kebschull: Marilyn Kebschull. Clerk: Do you solemnly swear or affmn the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under Pain and penalty of perjury? Kebschull: I do. I just want the board to understand that on a rezoning application, the use may not be the actual use that does occur on the rezone because once the property is rezoned to general commercial, any land use that's permitted use in the zone would be allowed. So, it's kind of a moot point. Swarner: Thank you. Porter: Buffer. Thank you. Are there any other questions of Mr. Snow? Board Member Buffer: Thank you. Thanks for coming by. This is kind of a awkward hearing and I appreciate your patience. I have a couple questions for you. It's my understanding that there isn't a plat that really shows the lot size. It's what's called a metes and bounds description which is, you know, so many feet this way, so many feet that way. I didn't see in the packet and it didn't look like the record from Planning & Zoning there was actually a plat that showed really where the two comers are. I know your lot is near the mi~i__m_um size for a commercial lot and I wanted to make sure I understood where we are on that. Snow: It's one-point-one acres is what my, my paperwork from the bank states. Buffer: Okay, but is there, is there a plat that the surveyors found the comers and said, here are the comers, or is it just sort of a general description of the lot? BOARD OF ADJUSTMENT HEARING SEPTEMBER 7, 2005 PAGE 5 Snow: All right, it's just a general description of the lot. Buffer: This, if I might, the second question I have, as a, Marilyn Kebschull pointed out, this is a rezone, which means that anything that's allowable in a general commercial district would be available to the lot and that would be whether it's your u~e or ff somebody else acquired the property in the future and not change it. Did you explore or consider the options for a conditional use permit in that area that would allow you to meet your business objectives, but not necessarily change the zoning of the property forever? I'm just curious. Snow: Ah, no I haven't because I've had offers, cause the intention my brother and I have with the property is to develop it and then lease it out and the intention was to lease out the shop in the back. The house, keep it residential until a later date when we can afford to either tear it, because the house sits so close to the road and there's so much road noise, when I, we've tried to put the house, the property up for sale last year and all our complaints was that the house was too close to the road. So, we then, we explored the idea of changing to commercial. Eventually either use the house as the, I've had two offers to make it into a caf6 and I've had one offer to lease the shop behind, but like I told them, I can't do anything until I find out if I can get the property rezoned for commercial, general commercial. And so we explored that idea and went to the city planning and asked them. They seemed to think that we wouldn't have no trouble until we got into the meeting and had so much opposition from my neighbors, which I didn't realize, none of them have ever come to me and said, heh, we're having a problem with the cars around here. We tried to keep everything to the back side of the property. My neighbor built a fence because she thought we were going to tear down all the trees that have been hers for, who knows how long, I don't know how long they've lived there, which we plan on keeping the property and just leasing it out but there could be a possibility we may sell it down, down the road. Buffer: Sure, okay. Thank you. Porter: Board Member Swarner. Swarner: Thank you. Did you build the shop on your property or was that there when you bought it? Snow: It was there when I, we bought the property. It was a basic structure. The building's been there. We've been trying to bring it up to code... Swarnt~r: Do you know what the use of the shop was when you purchased it? Snow: Pardon? BOARD OF ADJUSTMENT HEARING SEPTEMBER 7, 2005 PAGE 6 Swarner: Do you know what the former property owner used the shop for? Snow: I have no real idea. Swamer: Okay. Thank you. Porter: Thank you. Any other questions for Mr. Snow? Thank you very much for your testimony. Is there anyone else in the public who would like to come and testify? Well, I don't see anyone else who wants to testify. I want to thank you very much for coming by and stating your case to us. We now have, as I mentioned before, the Board of Adjustment has thirty days in which to reach a decision and because you've made a copy, because you've come and testified and because this is your appeal, you will receive a copy of our decision. Okay? Snow: Thank you. Porter: You have 30 days to do that. Thank you very much Mr. Snow for doing this. Have a good evening. You can always come back and visit any other time too. Okay, this meeting is adjourned. Verbatim ends. Hearing ended at 6' 15 p.m. Verbatim prepared by: , Carol L. Freas, City Clerk TH E PEBBLE PROJECT ~orthern Dynasty Mines, Inc. (ND?vi) is on track to complete a feasibility study for its Pebble copper-gold prospect by the end of this year. Pebble is the largest known gold deposit and the second ! "~est copper deposit in 2.America, according to -. The project is located 230 miles southwest of An.chorage in the Bristol Bay region, approximately 19 air miles northwest of the village of Iliamna. Environmentalists and oth- ers have raised concerns about potential impacts of a large copper-gold mine operating in a region containing the head- waters for the Bristol Bay salmon fisheries. The area is renowned for its salmon and trout, attracting anglers from all over the world to the re- gion's dozens of high-end fishing lodges. Those same fish yield millions of dollars in revenue for commercial fisher- men and fill the freezers of Alaskans who rely on subsis- tence. While some critics have in- ~1 the proposed mine a be a disaster, polluting the area's salmon-bearing rivers and leading to the de- struction of the Bristol Bay fishery, it is important to note B~G SEA How to manage projects and ~et them desilned without compromisin~ fisheries and other environmental values was the driv- in~ factor that led Northern Dynasty to ask Bruce Jenkins to head up the Pebble project. Jenkins has extensive experience in environmental and fisheries issues. He holds a masters de~ree in fisheries ecology and is in the 32nd year ora career special- izin~ in impact assessment and project permi#in~. Above, jenkins points to the site of the Pebble copper-~oid deposit. the project is still in the feasi- bility and planning stages and no specific plan of operation or mine design has been sub- mitted to state and federal reg- ulatory authorities. NDM's Chief Operating Officer, Bruce Jenkins, said images of destruction repre- sent worst-case scenarios and examples of bad mining that occurred decades ago under a far different and less-stringent permitting and regulatory structure. He called such pre- dictions by some activists "fear-mongering" and encour- aged Alaskans to look at examples of modern mines that have oper- ated cleanly and within regulations, citing the Fort Knox gold mine near Fairbanks as a worthy example. "We urge Alaskans to (Continued to Pa~e ~) Pebble Project 1, q-7 Conffressman Pombo 3 AMEREF Outreach 7 Federal Ener~ly Bill 8 Transportation Bill 9 Gov. Jay Hammond 10 A~rium Update ].l RDC Hosts EPA Chief 11 Sterling connections. Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 Phone: (907) 276-0700 Fax: (907) 276-3887 E-mail: resources@akrdc.or~ Website: www. akrdc.or~ Material in this publication may be reprinted without permission provided appropriate credit is ~iven. Writer & Editor Carl Portman Executive Committee Officers President John ShJvely Sr. Vice President Rick Ro~ers Vice President Wendy Lindskoo~ Secretary Tom Maloney Treasurer Stephanie Madsen Past President Chuck Johnson Staff Executive Director Tadd Owens Deputy Director Carl Portman Projects Coordinator/AMEREF E.D. ,Jason 8rune Finance/Membership Deantha Crockett Resource Review is the official periodic publication of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit economic development or~'anization workin~ to develop Alaska's natural resources in a responsible manner and to create a broad-based, diversified economy while protecting and enhancing' the environment. Pa~e 2 September 2005 Resource Review www. akrdc.or~' ALASKA HAS AN ALLY IN CONGRESSMAN POMBO Congressman Richard Pombo addressed major Alaska issues before Congress at a special RDC luncheon in Anchorage last month. At left is Congressman Don Youn~ and RDC President John 5hively. RDC hosted U.S. Congressman Richard Pombo (R-CA) at a special luncheon forum on August !6 at the Hotel Captain Cook in Anchorage. From his post as Chairman of the House Committee on Resources, Congressman Pombo oversees and influences a great deal of activity in Alaska. Few in Congress beyond Our own delegation ur~derstand Alaska issues better and few are more willing to advocate for responsible resource dev~lopment and the rights of private property owners more ' ,~i~0uslv than Congressman Pombo. " ~:attle rancher from Tracy, California in the heart of the :ral Valley east of San "" F~a'~isco, Congressman '~. Pombo has been heavily in- volved in Alaska resource is- sues since joining the Resources Committee as a freshmen con- gressman in 1992. During his time in Congress he has devel- oped a close relationship with Congressman Don Young and has been an ally on many issues important to Alaska. Congressman Pombo was in- strumental in helping pass President Bush's Healthy Forests initiative in 2003. The Healthy Forests Restoration Act greatly enhanced the federal · government's ability to actively manage public forests in order to minimize fire danger, protect public and private property and facilitate the development of commercial forest products. Nationally the act has had immediate benefits as more than three million acres of national forest land was treated for hazardous fuels in 2004. Meanwhile in Alaska the U.S. Forest Service formed the "Kenai Forest, Wildfire Protection, and F"~o Management Coordinating Committee" consisting of · mtatives from each of the federal, state, local and private la. owners across the region. A federal and state interagency work team is currently assisting twentv Kenai Peninsula communities in the development of wildfi~-e protection plans. Guidance for developing such plans is now included in the (907} 276-0700 September 2005 Resource Review RDC Executive Director Tadd Owens is joined by Treasurer 5tephanie Madsen and Vice President Wendy Lindskoo~ in a discussion with Pombo. federal Healthy Forest Restoration Act. Earlier this year Congressman Pombo helped defeat an amendment to the interior Appropriations bill intended to block the U.S. Forest Service from building roads in the Tongass National Forest. Conservation groups have argued the Forest Service wastes taxpayer dollars bv subsidizing tim- ber harvests in the Tongass. Th'ese same groups grossly inflate the Forest Service's spending figures for timber harvesting and fail to mention that only seven miles of new road were con- structed last year for timber harvest activities on the Tongass -- a 17-million-acre forest. Congressman Pombo has also taken a leading role in the work to open the 1002 area of the Arctic National Wildlife Refuge (ANWR) coastal plain to oil and gas exploration. In April 2003, he held a field hearing on ANWR in Kaktovik. Adding his voice to those of the Alaska delegation has helped keep this issue at the forefront of the debate over a national energy plan in Congress. Congressman Pombo will play a critical role in whether or not the House will include an ANWR provision in the budget reconciliation document to be debated this fall in Washington, D.C. Beyond ANWR, Congressman Pombo has been a strong advocate for a national energy plan. He has hailed the recently passed energy bill as an impor- tant step forward, while ac- knowledging that much more needs to be done to help make America less dependent on for- eign sources of energy. Congressman Pombo has also focused on modernizing the Endangered Species Act (ESA). Concerned the ESA has moved away from its original intent of recovering species and become a costly burdensome r egu la t ory pro gra m, Congressman Pombo has worked to make the act more responsive to the needs of private landowners and more effec- tive in recovering threatened and endangered species. The Resources Committee is expected to release a draft of an up- dated ESA within the next several months. Congressman Pombo has argued passionately for more local control of federal lands and more cooperation between federal agencies and private landowners in addressing issues of mutual concern. He is someone who believes responsible re- source development and environmental protection are not mutually exclusive. Alaska is fortunate to have someone of Congressman Pombo's energy and ability leading the U.S. House Committee on Resources. We'look forward to working with him for many years to come. Page 3 "We ur:~e Alaskans to work with us, help us design the project in a way that protects water, fisheries, wildlife and other important values. Help us develop a mine that optimizes benefits to local residents while minimizin:~ impacts on traditional ways of life." - Bruce Jenkins THE PEBBLE PROJECT (Continued from Pa~e i) work with us, help us design the project in a way that pro- tects water, fisheries, wildlife and other important values," said Jenkins. "Help us de- velop a mine that optimizes benefits to local residents while minimizing impacts on traditional ways of life." Most of all, Jenkins urged local residents and others to keep an open mind and to not pass judgment on the project this early in the process. "I can understand why many people do not trust Northern Dynasty because they don't know my com- pany yet, but what ! ask is that Alaskans reserve judg- ment until they see what we do and compare what we do to what we say," Jenkins said. "We walk the talk and we're here for the long haul." Opinions on the proposed mine among local residents is mixed. Diminished salmon runs, competition from fish farms, the loss of municipal revenue-sharing and high un- employment have con- tributed to a depressed regional economy. "Do our residents want mineral development to occur? I believe that ten years ago, when our area was much more financially stable, the answer would have been a re- sounding no to an open-pit mine. But our area is already in a pit of its own and I be- lieve there are many different views about that question," said Bob Rychnovsky, Mayor of Newhalen, in an interview with the Anchorage Daily News. "But even among those who may favor mineral de- velopment, more important than money is how mining Since 2002, NDM drilled 366,279 feet of rock core in 3gl holes at its Pebble properties. The driil pro~ram is important because the results will further define the details of the ~eolo~y, which is an integral part of the mine-plannin~ effort. will affect the land," Rychnovsky said. At a conference in Newhalen this spring, Brian Kraft, owner of the Alaska Sportsman's Lodge near Igiugig on the Kvichak River, expressed concerns about po- tential impacts of the project. "The reason people spend $6,000 a week to come out here is because of the remote- ness," said Kraft. "I'm very concerned about the quality of the fisheries, the influx of people into the region and the presence of a large-scale industrial project with its en- vironmental implications." Jenkins emphasized NDM is committed to building a project that can successfully coexist with commercial and sport fishing and subsistence ways of life. The company is now in its second year of en- vironmental and baseline studies at Pebble to accu- rately assess residual impacts of the project. The studies will also give the company the information it needs to properly design the project and prepare for a rigorous, multi-year federal and state permitting process. The company is spending $35 million in 2005 to carry out environmental and so- cioeconomic studies, and to perform geotechnical wor~ and project engineerin, Approximately $20 million has been earmarked specifi- cally for environmental stud- ies, including assessment of Pa~e 't September 2005 Resource Review www. akrdc.or~ A crew monitors driilin~ at the Pebble projec! sile in lhe South Fork Koktuli Valley. The open pit and proposed tailings lake would be located in the small lreetess valley which is surrounded by roilin~ hills. Helicopters are used to haul equipment and workers to the site of the Pebble prospect, 19 miles northwest of lliamna. wetlands, fish habitat and wildlife populations. The 2005 spending is on top of more than $30 million the company invested in the project in previous years. "Engineers are not design- ing this project," Jenkins said. "We are taking a multi- disciplinary, environmental design team approach where engineers work with fisheries biologists, wetlands biolo- gists, social scientists, wildlife biologists and water quality experts," Jenkins explained. "Each team member tests ac- ceptability of a concept or .design against their discipline /tthe development and operation of the mine, NDM has set a primary goal of avoiding and minimizing el- fects on fish and fish habitat. Jenkins said effects that ulti- mately cannot be avoided would be mitigated to ensure productive fish habitat in the project area is maintained so there is a no net loss to the fishery. He said that doesn't imply there would be no im- pact, but when habitat is af- fected, the company would enhance habitat elsewhere. This summer a team of 40 consulting firms - most from Alaska- are working on the project at remote sites in the region to collect data. The company has hired more than 80 people from the region to work on the project. To keep in touch with local residents and learn of their concerns, NDM has stepped up its community outreach pro- (907) 276-0700 gram and has been holding meetings in villages across the region. "We have an open door policy," said Jenkins. "We'll engage and talk to any stake- holder, especially in the com- munity. Our main goal is responsible development that considers and incorporates the concerns of local resi- dents and stakeholders. Our development plan will reflect the feedback we receive." Jenkins noted new meas- ured and indicated resources at the Pebble deposit are now estimated at 3.03 billion tons of material containing 31.3 million ounces of gold, 18.8 billion pounds of copper and 993 million pounds of molybdenum. Construction of the Pebble mine will require a capital ex- penditure of at least $1.5 bil- lion over a two-year period, and will create about 2,000 direct jobs. Mine operations could last from 30 to 50 years, generating annual ex- penditures of $300 million and supporting 1,000 full- time jobs. Key components of the project include a large open pit, a mill, on-site storage for rock, ore and tailings, a deep water port facility on Cook Inlet, a 95-mile access road connecting the mine site to the port, and provisions for electrical power for the mill. Ore removed from the pit would be processed at the mill. The concentrate would be transported to the port site by a slur~ pipeline for ship- ment overseas. While acknowledging there are risks associated with de- veloping a large mine, Jenkins said his company has looked at a number of ways to posi- tion mine facilities to best protect fish and minimize ef- fects on the environment. Jenkins noted NDM studied 25 tailings disposal facility design concepts, but in recog- nition of the region's signifi- cant fisheries values and other issues, 24 were elimi- nated from consideration. Tailings are a mixture of water and finely ground rock that is left over once recover- able materials are removed. The site chosen for tailings disposal is in the upper most reaches of the south fork of the Koktuli River, miles up- stream from any salmon and (Continued to Pa~e ~) September 2005 Resource Review Pa~e 5 PERMiTTiNG COULD BEGIN ON PEBBLE NEXT YEAR (Continued from Pa~e 5) trout habitat. Jenkins said the company has made a commit- ment to keep the tailings footprint out of Upper Talarik Creek because of sen- sitive fish habitat and has abandoned an earlier concept to store mine tailings in Lake Iliamna because of commu- nity opposition and other factors. The current concept envi- sions an earth-fill embank- ment between two rolling hills that would create the tailings pond. Frying Pan Lake, a small body of water, and other shallow water bod- ies in the area would end up inside the tailings lake. Frying Pan Lake is just one of many glacier-scoured ponds in the area and it does not contain any salmon or trout habitat. "We have gone the extra mile to find a location for the tailings pond that minimizes impacts to fish habitat, wet- lands and wildlife at a much greater cost to the project," Jenkins said. "We have an en- vironmentally-sound design approach where fisheries, wetlands and wildlife consid- erations play a major role in helping the team come up with a project design that is defensible, legitimate and consistent with Northern Dynasty's commitment to re- sponsible mineral develop- ment." Throughout the process, Jenkins said water quality around the project area and tailings pond would be strictly maintained to "Aquatic Life Standards" set by federal and state authori- ties. Surface and ground water would be tested throughout the mine's life and beyond. Any water that does not meet the standards would be processed in a treat- ment plant prior to discharge. Some residents have voiced concern about the tailings dam failing in a natural disas- ter or water seeping into streams beyond the facilitv. Jenkins said the 750-foot high, moderately-sloping gravel embankment or barrier would have a very wide base and would not be subject to A narrow road from Cook Inlet to Pedro Bay on the north end of Lake iliarnna cuts throujh a narrow pass. The road would be upgraded and extended to haul equipment and supplies to Pebble, should the project move forward. Northern Dynasty is considerin~ Iocatin~ a deep-water port at Iniskin Bay, on the west side of Lower Cook Inlet. Concentrate from Pebble would be shipped out of the port to smelters overseas. bursting like a conventional dam in an earthquake or flood. Seepage itself would be controlled through various methods and water collection systems to ensure that any water that seeps from the tail- ings lake is collected and re- cycled. This approach has been proven to achieve 100 percent recovery, of tailings water at other modern mines, including Fort Knox. Nearlv everything about the Pebble project is big. Gold production could reach 674,000 ounces annually, more than Alaska's total out- put today. It would produce up to 470 million pounds of copper a year. Overall, Pebble would process more than 220,000 tons of ore daily. In comparison, Fort Knox processes about 50,000 tons daily while the Red Dog Mine in Northwest Alaska, now the world's largest pro- ducer of zinc, processes about 9,000 tons daily. The mine's open pit would dwarf other large pits in Alaska and would be one of the largest open pits in North America. It would measure approximately two miles long, one-and-three-quarter miles wide and 1,700 feet deep. Rolling hills surround- ing the pit would block vie- from a distance, however,. would be visible to people flying overhead. "While the pit itself is enor- mous, most people wouldn't know it's there unless they were to go right up to the rim and look down," said Jenkins. "It's minuscule in comparison to the vast Iliamna basin, and when put in the proper perspective, it's a pin-prick relative to the Bristol Bay region." While Jenkins and his team of environmental specialists and engineers are eyeing a slurry pipeline to transport the concentrate to a new port at Iniskin Bay on the western side of lower Cook Inlet, an existing road from the coast would still need to be up- graded and extended to the mine site to haul equipmev' and supplies. NDM had i~ tially planned to haul th~ concentrate out by truck, but local communities like Pedro Bay expressed concern over Pa~e 6 September 2005 Resource Review www. akrdc.or~ t Durin~ a recent tour, RDC President )ohn Shively and his daughter Nalasha, sludy a core sample from Pebble. Northern Dynasty is en~a~in~ in an open pre-perm# application process so lhal early comments from ~overnmen! a~encies and stakeholders can be received and acted upon. the traffic, noise and dust that would be generated bv the road. NDM is workir~g closelv with the State to mitigat'e concerns local residents have with the road and is consider- 'ing a route that bypasses ...... pedro Bay, where many resi- o ients oppose the road. .... "Whether the concentrate is trucked to the port or trans- ported through a slurry pipeline, the road will brink change. Some residents ac- knowledge the road would bring benefits, such as lower fuel and freight costs, and the ability to drive places. But they also don't like the prospect of the road opening remote areas of the region to crowds from other areas of the state. NDM is also re- sponding to this concern by investigating the option of a privately-built industrial road with access for only local communities. The mine will require more than 250 megawatts of power and Jenkins said NDM is looking at several options to bring power into the mine site, including a submarine cable crossing Cook Inlet to Homer where it would be connected to the power grid. Local communities could tap into the power, lowering en- ergy costs. Before construction could begin on the mine, the project must first undergo rigorous review by federal and state government agencies. With the permitting phase of the project likely to span several years, and assuming the com- pany is successful in its per- mitting efforts, construction · ~s not expected to begin until 2008 or later with mine oper- ations following in two years. By mid-2006, NDM plans to file an application to initi- ate the Environmental Impact Statement (ELS) process under the National Environmental Policy Act. Following development of an acceptable EIS, the company will apply for approximately 45 additional permits from federal and state government agencies to build and operate the mine. "We will not submit permit applications until we have the very best designed project the environmental and engineer- ing design team can put for- ward," Jenkins emphasized. "The bottom line is that we're committed to designing this project properly because we know the state and federal regulatory authorities will not permit this project if it can't be done right," Jenkins continued. "I intend to be in that review process prepared." NDM has taken the un- usual step of submitting its environmental study plan to all the relevant agencies and Alaska stakeholders so that they could comment before the permit application process begins. The Alaska Department of Natural Resources hasn't taken a position on Pebble at this point and will not do so until well after NDM sub- mits permit applications and it has ample opportunity to review a specific develop- ment proposal outlining mine design, plan of operations, mitigation efforts and public ~nput. Bob Loeffler, Director of the Alaska Division of Mining, Land and Water, is fully aware of local concerns and apprehension among commercial and sport fisher- men. He emphasized Alaska has a competent permitting group and a good track record when it comes to min- ing operations. While there is a lot of ex- citement and anxiety sur- rounding the Pebble project, Northern Dynastv has not formally made a ~lecision to move forward with the mine. Much will depend on the re- suits of exploration and a fa- vorable conclusion to the feasibility study. The junior mining com- pany has acknowledged it does not have the financial resources to develop the project on its own and will need to partner with a major, which it expects to have lined up in 2006. AMEREF .) AN N UAL P,CN,C L_ (907) 276-0700 Hundreds of children stopped by the 4MEREF booth at the Governor's Picnic in 4nchora~e this summer. At left, Governor Frank and Nancy Murkowskijoin AMEREF President Sieve Lovs and Executive DirectorJason 8rune. To the right of the Governor is Andrde McCleod with the 5tare. At right, 8rune leads a ~roup of chii- dren in, "How To Mine A Cookie" which delves into the minin~ process from exploration to reclamation. September 2005 Resource Review Page 7 The recently passed com- prehensive energy bill should light the way toward a bal- anced energy blueprint that will increase domestic pro- duction of energy from non- renewable and renewable sources and promote effi- cienc~ conservation and new energy technologies. The bill nationally should produce some 230,000 new jobs, save nearly 2 million jobs, and add some $200 bil- lion to our gross domestic product by 2012. It contains a number of provisions that should speed permitting for oil and gas operations with- out harming the environ- ment, ~ncrease clean coal production, make it possible to site terminals for liquefied natural gas, help relicense hy- droelectric plants and jump- start new nuclear power plants. The bill also will increase production of power from renewable sources. It in- cludes $5.6 billion of tax aid to help wind, biomass, geot- hermal and solar energy grow, while promoting en- ergy efficiency and conserva- tion. That is done by mandating rises of up to 40 percent in the efficiency of major appliances, by funding home and business conserva- tion improvements and weatherization efforts. The unprecedented conser- vation and efficiency meas- ures will reduce peak electric demand by 50,000 megawatts -the equivalent of 170 new Pa~e 8 300 megawatt power plants. Most importantly, the bill £or Alaska offers hope on a host of fronts. It provides $2.9 billion in tax credits for clean coal projects, and grants for other coal develop- ments. This can help a com- bined-cycle coal gasification project that could fuel devel- opment of the Beluga, be- sides expansion of the Healy coal fields. It may further the Silverado low-rank coal water boiler fuel project, the Syntroleum project to turn coal into diesel and aviation £uel, and coal projects to re- move moisture and boost the energy of our coal for export s~.le$. The bill aids not only wind turbine development and biomass energy that may help us turn the Kenai Peninsula's spruce bark beetle kill into electricity; but also geother- mal and ocean, tidal/wave, current and thermal energy for our coastal towns. My amendment extends con- struction incentives and a federal purchase credit to ocean energy projects for the first time. The bill is especially help- ful in that it authorizes $550 million over the next decade to help bring Alaska's power grid into the 21st Century, encouraging development, in rural Alaska. Specifically: · Rural Energy Assistance: The bill authorizes a decade of funding to the Denali Commission to fund rural energy projects from new power generation and trans- mission lines to innovative fuel cells and wind, tidal and biomass energy. It will help the state continue to fix fuel storage tanks. Some of the money, $5 million a year, is intended to endow the state's Power Cost Equalization program to help subsidize rural power. · National Petroleum Reserve Alaska Leasing Changes: The bill should speed the discov- ery and production of oil and gas by allowing more expedi- tious leasing and potential royalty relief. The bill also al- lows royalty suspensions and improves federal offshore oil revenue sharing- Alaska gaining at least $2.5 million annually initially. · Gas Hydrate Research & Development Assistance: The bill improves research to help Alaska tap its 600 trillion cubic feet of gas hydrates on shore and the 32,000 tcf off- shore- funding an actual ex- ploratory drilling rig in permafrost. · Cook Inlet Carbon Dioxide Oil Enhancement Program: It authorizes a pilot project to see if injecting carbon dioxide can help extend the life of the Cook Inlet oil field at Kenai. · Indian Energy Assistance: The bill authorizes grant as- sistance and up to $2 billion of loan guarantees to help Native corporations and tribes develop energy from their lands. ° Healv Clean Coal Loan: The bill allows a market rate loan of up to $80 million to help get the Healy power plant running. Other Alaska provisions' The bill also should spe~ permit approvals for smal~ hydroelectric projects, funds a North Slope science initia- tive that should produce the research needed to allow de- velopment to proceed, ex- tends the life of the Oil Spill Recovery Institute to help in- dustry find ways to prevent spills, and refunds the Oil Spill Liability Trust fund. The bill also funds a new University of Alaska Arctic engineering center and a new $61 million science facility in Barrow sought by Senator Stevens. September 2005 Resource Review www. akrdc.or~' As you probably heard, Alaska £ared well in the national highw~ay and transit legislation President Bush signed into law · ~n August - the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy £or Users (SAFETEA- LU). ' 17 was proud to serve as Chairman of the House-Senate Conference Committee that negotiated this bipartisan $286.4 billion bill that will benefit every community in all 50 states. , Working with Senators Stevens and Mu~'kowski on the Conference Committee, we were able to ensure that commu- nities throughout our vast state will receive important funding over the next five ~/ears. This historic bill was approved by the House on July 29th by a vote of 412-8 and later that daxi~ b~' the Senate, 9 l-~t vote. · Alaska will receive approximately '$2.12 billion over the · next five >'ears under the federal highway funding programs which provides funding to all 50 states. ~Fhis includes an in- crease of about $100 million in each of the next five years for Alaska over the previous highway and transit bill -'TEA 21 (1998-2003). This increased funding level represents more than a 30 percent increase for these programs over TEA 21. i The Federal Lands Highway program will receive an annual ~verage increase of approximately 32 percent over what the same program received in TEA 21. In addition, SAFETEA- LU makes changes to some of the formulas used to distribute funding under this program that should yield additional funds for transportation projects on federal lax;ds in Alaska. In addition, the Ferr~ Boat and Ferry Terminal Construction program also received a substanti~l increase in funding. The Ferry Program will receive an average annual in- crease ~n funding ~f approximately 56 percent over what was available for this program in TEA'21. In addition, at least $10 million a year from this program will be available for the con- struction of ferry boats and terminals in Alaska. The two largest projects for Alaska include $229 million for the Knik Arm Crossing project and $233 million the Gravina Access Bridge. The Knik Arm Crossing will play a vital role in the expansion of residential and commercial growth of Anchorage and the Mat-Su borough over the coming years. The Gravina Access Bridge will play an equally important role for the future growth of Ketchikan. There were a number of other important projects for com- munities throughout the state including: $10 million for Fairbanks roads $10 million for Anchorage roads $5 million for North Star Borough roads $3 million for Naknek River bridge ~3 million for Alaska Pacific University roads $3.7 million for King Cove-Cold Bay ~oads and hovercraft $25 million for the Port of Anchorage $3 million for Seward ferry infrastructure $2 million for Kotzebue r~ad paving (907} 276-0700 September 2005 Resource Review However, the new highway and transit legislation includes much more that the individual projects highlighted in the bill. This bill will protect existing U.S. jobs in the transportation sector and related industries and millions of new jobs will be created and sustained bv the infrastructure funding increases in SAFETEA-LU. ' Most people are unaware that congestion costs American drivers $67 billion in productivity and wasted motor fuel each year, including 3.6 billion hours of lost productivity sitting idle in traffic and the waste of 5.7 billion gallons of fuel. We address this congestion problem by providing more than $227 billion between fiscal years 200~ and 2009 for the federal highway program. This is' nearly a 40 percent increase over the funding level provided in TEA'21. Our bill also pro- vides more than $52 billion for federal public transportation programs. Public transportation is an important component to solving the nation's congestion problems. In addition, we created several new programs designed to bridge current infrastructure gaps and to address congestion. These programs include a $1.9 billion National Corridor Infrastructure Improvement program, a $1.8 billion Projects of Regional and National Significance program, and $833 mil- lion for a Coordinated Border Infrastructure program. Safety was also an important factor we considered when writing this legislation. More than 42,000 Americans are killed and 2.9 million are seriously injured each year on the nation's highways. It's an unfortunate fact that substandard road conditions and roadside hazards are a contributing factor in nearly one-third of all fatal crashes each year. In addition to improving and expandir~'g roads for safer travel, our new bill provides over $5 billion to address several important safety issues. We provide $360 million for a new High Risk Rural Road Safety Improvement Program that tar- gets funding for safety improvements on rural two-lane roads. About 61 percent of all highway-related fatalities occur on rural roads. ! am also proud that this legislation will play a vital role in creating new jobs in all 50 states and help stimulate our local and national economy. The Department'of Transportation es- umates that 47,500 jobs are created or sustained for every $1 billion invested in federal highway and transit spending so our legislation will be a tremendous help for our workers. As Chairman of the House Transportation and Infrastructure Committee, ! worked for the past four years on this important legislation. I traveled throughout Alaska and the nation to see the unique transportation needs in every re- gion of the United States. Working with Senators Stevens and Murkowski, I believe we did a good job in laying the ground- work for improving Alaska's transportation infrastructure for future generations. Page 9 JAY HAMMOND NEVER STOPPED CARING ABOUT ALASKA 1~ suppose Jay Hammond might be slightly be- mused to find that he was being eulogized in the Resource Development Council's Newsletter. But, of course, our former governor found much in life to amuse him. The ability to use humor to defuse difficult situations was one of his great strengths. All of us have our particular memories of him. There are a couple of mine I would like to share. Jay was the quintessential Alaskan- bush pilot, homesteader, guide and he dressed the part. One seldom saw him dressed in a suit and tie, the standard wear for governors today. In fact, I still remember the time I first saw him in a suit, which was in a meeting in Washington, D.C. I was so shocked I said something like, "Governor, you're wearing a suit." He just shrugged and smiled at me as if to say, "What can you do; it's Washington." Governor Hammond was a Republican, al- though there are those in his party who would just as soon not claim him. However, he was an Alaskan first and was willing to go beyond party lines to find people to help him. However, I was a little surprised when he appointed me to the University of Alaska Board of Regents, not only because I was not of his party, but also because 17 was not all that well known at the time. The latter point was driven home to me several months later when a friend of mine was intro- ducing me to one on the denizens of Anchorage society. As a sort of tag line my friend added, "... and John is on the Board of Regents." The woman I was being introduced to looked me straight in the eye and said, "You know, you used to have to be somebody to be on the Board of Regents." I suppose that Jay would have been as amused as I was, if he had been present because he liked to do things differently. He had his own vision of Alaska and that did not always comport with the views of others either in his own party or in the development community. When it came to development, he had three principles. I have heard these principles expressed in several ways and here is my interpretation of the questions he wanted to have answered. Can the project be carried out in an environmentally responsible manner? Will the project pay for itself? Is the project good for Alaskans? (Some p pie sav "all Alaskans," but given the cantanke~ ous nature of our citizens, Jay would have known that this was not an achievable goal). Using these principles, Governor Hammond led us through the tumultuous years of the con- struction of the pipeline and the incredible wealth it brought the state. He also led us through one of the most con- tentious issues we have faced as a young state- the debate over the Alaska National Interest Lands Conservation Act (ANILCA). The gov- ernor and the Organization for the Management of Alaska's Resources, as RDC was known then, seldom agreed on much of anything during those times. The resources community was ap- palled at the clearly defined goal of the environ- mental community to prevent any development of resources on as much land as they could lock up. Governor Hammond had to deal with that issue, as well as others such as subsistence and the political realities of Congress and the execu- tive branch. In the end, both the governor and Sen. Stevens agreed that supporting the final version er ANILCA was the right thing to do. Howeve~ would not be surprised if their motives migh~ have been different- Sen. Stevens driven by his desire to get on with the development of the state and Governor Hammond by his to protect the habitat upon which his Like Clark lifestyle and the lifestvle of other rural Alaskans de- pended. There are lots of aspects of the very., complex personality of Jay Hammond that I admire, only a couple of which I have been able to touch on in this column. However, if there is one thing about Jay Hammond that stands out in my mind, it is that he never stopped caring about Alaska. At the age of 83, having been among other things a governor, legislator, pilot, guide, fish and game employee, commercial fisher, au- thor, poet, and, most importantly, loving hus- band, father, and grandfather, he still spent part of his waking hours thinking up concepts he thought would make Alaska a better place to live. Although I didn't always agree with his ideas, there is no question Alaska is a much better place today because of the intellect, energy, and time on earth Governor Hammond committe to the state he loved. Jay, thanks and Godspeed. Page 10 September 2005 Resource Review www. akrdc.or~ AGRIUM CREDITS GAS PRODUCERS, GOVERNOR AND EMPLOYEES IN GAINING TEMPORARY REPRIEVE "The Little Engine that Could" is a classic tale of the power of positive thinking and how persistence saves the day. It's a storyline that closely describes the last few mor~ths at Agrium's Kenai Nitrogen Operations. Through sheer deter- mination, a can-do attitude and help from a lot of friends, we secured enough natural gas to keep our facility operating at half capacity for another year. While this is onlY, a tempora~ reprieve, it provides more time to seek a longer-~erm solution. Our story has no supporting actors, just a cast of stars led by the natural gas producers, the Governor and our employ- ees who continued to do their work safely and professionally during what can best be called challengin~ times. Thank you. The new gas contracts will allow us to operate one ammo- nia plant and one urea plant. For those of you not familiar with our facility, let me give you some background. By the late 1960s, Co~k Inlet was awash in stranded natural gas prompting the leading produc- ts to invest in two industrial plants in the Kenai area- the liq- ~fied natural gas plant owned by ConocoPhillips and Marathon and a fertilizer plant, built by Collier Carbon & Chemical, a Unocal subsidia~. Unocal sold the facility to Agrium in 2000. Agrium is one of the world's largest fertilizer producers, with 12 production plants in the United States, Canada and South America. The Kenai fertilizer plant turns natural gas into liquid am- monia and granulated urea, mostly for export to Mexico and the Pacific Rim. Those exports to~al about $200 million each year, and represents 7.3 percent of all Alaska exports. A small amount of our product stays in Alaska where it is used by the state's agricultural community, sold to homeowners to green up their lawns or used by the airports in Anchorage, Fairbanks and Kenai for de-icing runways in the winter. It might be easy to write our future off'if the stakes were not so high. The Agrium facility is a major economic engine for the Kenai Peninsula that pumps in excess of $100 million into the area through taxes, salaries and benefits, contributions and purchases from local businesses. Few businesses equal our economic impact- £or every thousand cubic feet of gas we purchase from Cook Inlet fields we return over $9.00 to the Alaskan economy. As stated in an April 2004 McDowell Report, "...closure of the Agrium plant would represent a major step back in Alaska's effort to add value to its natural resources before shipping to outside markets. Economic development efforts in Alaska are focusing on adding value to resources, creating family wage jobs for Alaskans, and providing a local tax base to support essential public services. Agrium brings all of these to Alaska." Bill Boycott is General Mana`cer, A`crium Kenai Nitro`cen Operations. RDC Hosts EPA Administrator in Anchorage RDC, the Alaska Oil and Gas Association and The Alliance hosted EPA Administrator Stephen Johnson at a reception in Anchora`ce last month. Johnson, pictured at left, discussed his a`cency's role in a number of Alaska resource development issues. Johnson has been with the EPA for 2~ years and is the first career scientist ever appointed to lead the a`cency. He assumed the position with the .Coal of promotin`c and maintain- in`c the utilization of sound science while usin~ collaborative, innovative approaches to solvin~ environmental problems. At right, Jim Bowles, President of ConocoPhillips Alaska, discusses Alaska development issues with Geor`ce Wuerch, Chairman of the Knik Arm Brid`ce and Toll Authority, and Senator Lisa Murkowski. (907) 276~0700 September 2005 Resource Review Page 11 6TH AVENUE ANCHORAI~"E WWW.VECO.COM "'-E-MAIL: :995o8 ADDRESS SERVICE REQUESTED Growing Alaska Through Responsible Resource Development 12]. W. Fireweed, Suite 250, Anchorage, AK 99503 C~ of KenaJ 210 Fidalgo Ave Ste 200 Ihl,,I,l,,,ll,,,,,ll,,,lll,,,ll,,,ll,l,,,I,,I,,,llll,,,,ll,,I PRSRT STD .U.S. Postage PAID Anchorage, AK Permit No. 377 City of Kena, Mini-Grant Overview / Procedures projects that create the most visible and lasting change. P~urpose: Together We Can/provides funding in the form of mini-grants for residents, school programs and organizations to use for projects that will have an immediate, positive, and long-lasting effect for their neighborhoods and the city of Kenai. Mini-grants are intended to provide start up funding for small innovative project within the City of Kenai. Our goal is for families, neighbors and ali members of Kenai to work together to build healthier neighborhoods, help kids succeed in school and improve the quality of life for all residents. ~Who Mav Apply: Youth, neighborhood groups, organizations, and individuals who have a desire to improve the quality of life in their community. . How To Awls: Complete a Together We Can/Mini-grant application. Selection: Grant recipients will be chosen by the steering committee, appointed b the C ~ii. Th~-steering committee will in Y oun- clude the Mayor, Kenai Economic Development member, one representative each from Kenai Central High School and the Chamber of Commerce. ~Funding: The City of Kenai will provide funds in their 2005/2006 legislative budget for dis- tribution. The maximum grant amount the committee may award is $500. Grants larger than $500 must be approved by the city council. Review: Upon completion of project a report must be filed with the Together We Can/steer- ing committee and the report will be submitted to the City Council explaining how the funds were spent and the outcome of the project. _Procedure_s- Applications are submitted to the City of Kenai Together We Can/Steering committee for review. (Students' application must be signed/approved by teacher.) Upon approval of application and execution of Letter of Agreement, 90% of grant funds will be issued through City's Finance Dept. Report will be given to Council of awarded projects. Written report must be submitted to the steering committee within 30 days of completion of the project. Council will present a proclamation at the end of the project/financial reports. Award_s. Projects most likely to receive funding are those that benefit the community/neighborhoods most. This includes Page I ofl KENAI, ALASKA City of Kenai Mini-Grant Application FY05/06 Grant Cycle (July 1, 2005--June 30, 2006) Grant number: Date received' Applicant: Applicant Ad"'dress. Date: Phone' Contact Person- . .. Project Title: Project StarffEnd Dates: Total Project Cost: $ Please check: E-mail Address' Phone: Amount Requested: $ [~ 501(c)(3) Non-profit Org EIN#' (New grantees should attach copy of their IRS Letter of Determination.) [~] Society/Group* ['"] Individual* *There may be a tax liability for grant awards to non-exempt entities. 1. Provide a brief description of your organization, society, group, entity, summarizing your mis- sion, goals and objectives. For an individual, describe your involvement in the community and your experience/expertise as it relates to this project. (Attach separate sheet, if necessary.) 2. Describe the project for which you are requesting funding. Include a project timeline and an explanation of how the project will benefit the community. (Attach separate sheet, if necessary. Page I of 3 KENAI. ALASKA e City of Kenai Mini-Grant Application Please complete a simple budget for this project. Grants over $500 must be approved by the City Council. ITEM (Material or service needed to complete your project.) Total grant request: $ COST (Estimated cost of the items.) STORE OR SUPPLIER* (Where you will purchase this item or service.) *The City requests materials bought with City grant funds be purchased within the City of Kenai, if possible. 4. How will you know if your project is successful? Page 2 of 3 KENAI, ALASKA City of Kenai Mini-Grant Application 5. Have you received a Cit3~ of Kenai Mini-Grant before? [~ Yes [~ No If yes, most current award- Project title: Project dates Amount of grant: $ Compliance with Letter of Agreement? [~ Yes [~ No (If no, attach a current status of your project.) I CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION, INCLUD- ING ALL ATTACHMENTS AND SUPPORTING MATERIAL, IS TRUE AND CORRECT. I UNDERSTAND THAT THE GRANT FUNDS, IF GRANTED WILL BE USED ONLY FOR THE PROJECT OR PURPOSE DESCRIBED IN THIS APPLICATION. I UNDERSTAND THAT 90% OF THE FUNDS APPROVED WILL BE PROVIDED IN ADVANCE. THE BAL- ANCE WILL BE PAID AT THE COMPLETION OF THE PROJECT AND REPORT FILED WITH THE STEERING COMMITTEE. SIGNATORY MUST BE AN AUTHORIZED OFFI- CER FOR AN ORGANIZATION, BUILDING PRINCIPAL FOR A SCHOOL. STUDENT AP- PLICATION MUST ALSO BE SIGNED/APPROVED BY A TEACHER. Applicant Signature: · ,, (print) :... Title · Date (if applicable) Approval Signature: (print) · Title · (if applicable) Return this form to the City of Kenai, 210 Fidalgo, Kenai, Alaska 99611 Page 3 of 3 KENAI. ALASKA City of Kenai Mini-Grant Letter of Agreement Funding Recipient Name: Grant number: Project Name: Date of Funding: .. The City of Kenai is pleased to award funding for a mini-grant in the amount of $-- · Payment of 90% of the total will be made upon receipt of this signed letter of agreement.- Recipient agrees to the following: 1. To use mini-grant funds only for the project or purpose described in the mini-grant ap- plication. 2. To submit a Mini-Grant Report Form within 30 days of completion of the project. 3. To Comply with the terms and conditions of the mini-grant award. 4. To Submit expense receipts using the Mini-Grant Report Form for purchases made with mini-grant funds. Additional Terms and Conditions. e e RECIPIENT (print Date. Date: Page I of l CITY OF KENAI (print)_.__ KENAI, ALASKA City of Kenai Mini-Grant Report Form Due within 30 days of completion Grant Number: Name of Group/Individual Contact Name Mailing Address ...... _, Alaska Phone E-mail 1. Describe the completed project. Attach photo and documentation. 2. How did you use the grant funds? 3. How successful was your project? 4. Who assisted with your project? Statement: Following submittal of the brief written report and ali expense receipts being turned in to the City of Kenai's Together We Can! steering committee, the final grant (10%) will be paid. Signature (print) Date Page I of l Return this form/receipts to: City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 KENAI. ALASKA Kenai Peninsula Borough ~,.~ .... ocr 20, 2005 - 7:00 p.m. Assembly A, Regular Meeting City Council Chambers, Homer, Alaska Gary Superman 4ssembly President geat 3 - Nikiski Term Expires 2007 Ron Long 4ssembly Vice President ~eat 6- East Peninsula Term Expires 2006 Dan Chay 4ssembly Member geat I - Kalifornsky Term Expires 2006. Paul Fischer 4ssembly Member ~eat 7- Central Term Expires 2007 ~etty Glick 4sst ' Member ~nai ~. ,~.~pires 2005' ~illi 'Martin 4ssembly Member ?eat 9- South Peninsula Term Expires 2006 Grace Merkes 4ssembly Member geat 5-Sterling~Funny River Term Expires 2005 ~hris Moss 4ssembly Member 5eat 8- Homer Term Expires 2005 Pete Sprague 4ssembly Member 5eat 4- Soldotna Term Expires 2007 A® Be Co Do E® F® Ho I® Jo CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL COMMITTEE REPORTS APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. APPROVAL OF MINUTES '1. August 16, 2005 Board of Equalization Minutes'. ............. 1 *2. September 6, 2005 Regular Assembly Meeting Minutes ........ 5 COMMENDING RESOL~IONS AND PROCLAMATIONS PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total) le Kenai Watershed Forum, Mike Gracz (20 minutes) PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate) REPORTS OF COMMISSIONS AND COUNCILS September 20, 2005 Page 1 of 6 L~ Me No MAYOR'S REPORT ............................................. . ...... 18 le Agreemem and Contracts Spruce Bark Beetle Mitigation Program Approval of Contract with Precision Milling for Rogers Road Slash Removal Project ................................. 19 be Approval of Contract with Aardvark Excavating, Inc.' for Sterling Elementary Septic System Replacement .......................... 20 Approval of Contract with McLane Consulting, Inc. for Storm Water Pollution Prevention Plan for Snug Harbor Pit #2 in Cooper Landing de Approval of Contract with McLane Consulting, Inc. for Surveying, Platting and Relocate to Vacate LaCross Way .................... .22 Approval of Contract with Rozak Excavating & Consulting, Inc. for Delivery of Aggregate Material to Central Peninsula Landfill ........ 23 'Approval of Contract with Mity-Lite of Orem, Utah for purchase of Furniture for Nikiski Community Recreation Center ............... 24 ITEMS NOT COMPLETED FROM PRIOR AGENDA - none PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minmes per speaker) . Ordinance 2005-13' Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Refe~ed to Lands Committee) ............. 25 e Ordinance 2005-19-19: Accepting and Appropriating Five Fire Assistance C_nants from the Alaska Department of Natural Resources (Mayor) (Referred to Finance Committee) ............................................. 45 Ordinance 2005-19-21' Accepting and Appropriating a State Grant in the Amount of $75,000 for a Water Tender for Kachemak Emergency Service Area (Mayor) (Referred to Finance Committee) ................... · ...... 51 ~eptember 20, 2005 Page 2 of 6 Ordinance 2005-19-25' Accepting and APpropriating a State Grant in the Amount of $40,000 for Access and Improvements to Tsalteshi Trail System (Mayor) (Referred to Finance Committee) ............................... 56 Ordinance 2005-19-25 (Substitute): Accepting and Appropriating a State Grant in the Amount of $40,000 for Transportation-Related Work Associated with the 2006 Arctic Winter Games (Mayor) (Referred to Finance Committee) ....................... · .............................. 66 Se Ordinance 2005-1.9-27: Appropriating $18,000 for a Communications Center Operating Cost Analysis (Mayor) (Refe~ed to Finance Committee) ......... 73 e Ordinance 2005-38' Amending Kenai Peninsula Borough Title 16 to Authorize Certain Volunteers to Serve on their Respective Service Area Boards (Mayor) (Referred to Policies and Procedures Committee) .......... 76 o Ordinance 2005-41' Authorizing an Amendmem to the Sublease and Operating Agreement with South Peninsula Hospital, Inc. Authorizing it to Enter into Certain Short-Term Rental Agreements (Martin) (Referred to Finance Committee) ............................................... 82 Ordinance 2005-42;. Non-Objection to Certain Volunteer Fire Departments being Recognized by the State as Volunteer Fire Departments to Provide Fire Protection in the Kenai Peninsula Borough (Mayor, Martin) (Refe~ed to Policies and Procedures Committee) .................................. 86 O® UNFINISHED BUSINESS 1. Postponed Items Resolution 2005-067' Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter into an Agreement with 'the City of Homer to Provide Fire and Emergency Medical Services (M~in, Mayor) (Referred to Finance Committee) ................. 89. Po NEW BUSINESS 1. Bid Awards .Resolution 2005-082' Authorizing Award of a Contract for the Homer Landfill Closure Design (Mayor) (Referred to Finance Committee) ................................................ 95 September 20, 2005 Page 3 of 6 . *b. Resolution 2005-087' Authorizing Award of a Contract for a Combination Fire Safety/Sprinkler Trailer (Mayor) (Referred to Finance Committee) ........................................ · 97 e Resolutions Resolution 2005-083' Accepting the Transfer of Responsibility for the Planning, Design, and Construction of Transportation-Related Improvements, Including Improvements to the Skyview Trails System (Mayor) (Referred to Policy and Procedures Committee) ............ 99 *b. Resolution 2005-084'._ Appointing an Assembly Representative to the Kenai Peninsula College Council (Superman) (Referred to Policy and Procedures Committee) .....................................103 *¢. Resolution 2005-085' Authorizing an Extension of the South Peninsula Hospital Property Lease (Mayor) (Refereed to Lands Committee) .............................................. 105 *d. Resolution 2005-086' In Support of Maintaining a Strong and Reliable Escort Fleet and Preserving the Practice of Requiring Two Escorts, as Currently Practiced, for all Laden Tankers Transiting Prince William Sound (Chay) (Referred to Policy and Procedures Committee) ........................ · ........... , .......... ! ! 7 3. Ordinances *a. Ordinance 2005-19-28' Accepting and Appropriating a State Grant in the Amount of$175,000 for the Youth Facility in the North Peninsula Recreation Service Area (Mayor) (Hearing 11/01/05) (Referred to Finance Committee) ........................................125 *b. Ordinance 2005-19-29: Accepting and Appropriating Fifteen State · Granm Totaling $2,438,651 for School Projects (Mayor) (Hearing 11/01/05) (Referred to Finance Committee) ................ ' ..... 130 Ordinance 2005-19-30' Accepting and Appropriating a Western States Wildland Urban Interface Grant from the Alaska Department of Natural Resources, Division of Forestry, in the Amount of $175,750 for Developing Community Wildfire Protection Plans' (Mayor) (Hearing 11/01/05) (Refe~ed to Finance Committee) ...... 135 SePtember 20, 2005 Page 4 of 6 Q® Re Se To *d. Ordinance 2005-43' Amending KPB 2.40.030 to Delete the'Provision Authorizing the Borough Mayor to Vote on Planning Commission Actions in the Case ora Tie (Mayor) (Hearing 11/01/05) (Refe~ed to Policy and Procedures Committee) ............................ 139 4. Other *a. Approval of Election Board Officials for the October 4th, 2005 Regular Municipal Election (Referred to Policy and Procedures Committee) ............................................... 142 *b. Confmning Appointments to the KPB Road Service Area Board (Referred to Policy and Procedures Committee) ..... ' ............ 146 Appointment Board Seat Joe Ross At-Large John Bonk At-Large Term Expires September 30, 2008 September 30, 2008 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS September 21, 2005 October 4, 2005 October 11, 2005 09:00 AM 07:00 PM Board of Adjustment Hearing Regular Municipal Election Regular Assembly Meeting- Homer Soldotna ASSEMBLY COMMENTS PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) le Ordinance 2005'19-24:~ Accepting and APpropriating a State Grant in the Amount of $71,500 for a Mobile Hydrant Unit for the Bear Creek Fire Service Area (Mayor) (Hearing on 10/11/05) (Referred to Finance Committee) 0 Ordinance 2005-19-26' Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount Of $340,621 for .Emergency Siren System Repairs and Upgrades (Mayor) (Hearing on 10/11/05) (Refe~ed to Finance Committee) e Ordinance 2005-39:. Authorizing the Sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at Other than Fair Market Value (Mayor) (Hearing on 10/11/05) (Refe~ed to Lands Committee) September 20, 2005 Page 5 of 6 e Ordinance 2005-40: Amending KPB 5.12.100 to Exempt Certain Senior Housing from Real Property Taxation 0Vlerkes) (Hearing on 10/11/05) (Referred to Finance Committee) 0 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) 0 Resolution 2005-044: Supporting the Funny River Bridge Project and Authorizing the Mayor to Negotiate the Administration, Management, and Ownership of the Project with the State Department of Transportation and Public Facilities (Mayor) (Referred to Lands Committee) (Tabled on 06/09/05) U® INFORMATIONAL MATERIALS AND REPORTS V® NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be held on October 11, 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), K201A 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 7!4-2160 or toll.free within the Borough at 1-800- 478-4441, Ext. 2160. Visit our website at www. borough, kenai, aP,.us for copies of the agenda, meeting summaries, ordinances and resolutions. September 20, 2005 Page 6 of 6 Kenai Municipal Airport Enplanements AUGUST 2005 9,184 GRANT- 1,030 ERA - 8,154 11.22% 88.78% 2005 Monthly Enplanements GRANT CHANGE Month ERA AVIATION AVIATION 2005 Total FROM 2004 2004 Jan 6,023 0 6,023 -303 6,326 Feb 5,525 0 5,525 -397 5,922 Mar 6,184 0 6,184 191 5,993 Apr 5,569 0 5,569 -49 5,618 May 5,908 66 5,974 274 5,700 'Jun 6,480 318 6,798 -71 6,869 Jul 10,191 669 10,860 206 10,654 Aug 8,154 1,030 9,184 239 8,945 Sep 0 6,838 Oct 0 6,489 Nov 0 6,245 Dec 0 6,410 ~ . . Totals 54,034 2,083 56,117 82,009 GRANT AVIATION started service May 16, 2005 Municipal Airport FLOAT PLANE BASIN AGTIVITY 2002-2005 OPERATIONS Month APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER 2005 2 114 317 327 238 2O04 0 99 161 428 342 134 40 Closed 2OO3 0 86 158 259 287 215 63 Closed 2002 o ~4 223 345 233 ~53 37 ~0 .......................... *...not remP°...~emd FUEL SALES mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Month MAY JUNE JULY AUGUST SEPTEMBER OCTOBER ,. ;~,.-:~::~, ~?;~.?~1!~i:~i~i~:~{~,i~;~i:~ii..~:,.~i 2005 2004 $1,035 $452 $3,101 $2,209 $3,461 $2,095 $3,365 $2,041 $792 $26 2003 $835 $1,391 $1,773 $2,513 $2,219 $263 2002 $98 $1,986 $2,757 $2,419 $983 $65 mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm Slips Rented Private Commerical 12 0 Rev 8/2003 ~ AGENDA '~ ~--~ENAI CITY COUNCIL- REGULAR MEETING ,~-~:~-,.'x% SEPTEMBER 21, 2005 .. ~_L~. 7:00 P.M. ~~ KENAI CITY COUNCIL CHAMBERS ~EmUJL~KA http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Paul Gray-- Exploring Kenai Presentation. ITEM F: PUBLIC HEARINGS 1. Ordinance No. 2115-2005--Increasing Estimated Revenues and Appropriations by $9,900 in the Senior Citizens Fund for Kitchen Rental. 2. Ordinance No. 21'16-2005-- Increasing Estimated Revenues and Appropriations by $64,750 in the General Fund for the Fire Department Physical Fitness Program. 3. Ordinance No. 2'117-2005--Increasing Estimated Revenues and Appropriations by $3,838 in the General Fund for Wildfire Firefighting Equipment. 4. Ordinance No. 2'1'18-2005 -- Increasing Estimated Revenues and Appropriations by $503,096 in the Kenai Soccer Park Capital Project Fund for a Federal Grant. 5. Ordinance No. 21'19-2005 -- Amending Section 7.15.050(1) to Increase the Amount that Can be Spent on Purchases of Supplies, Materials, Equipment or contractual Services Without a Competitive Bid Process from $10,000 to $25,000. 6. Ordinance No. 2120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances that Can be Transferred in Line Item Accounts Without Approval of the City Council from $2,500 to $5,000. a. Substitute Ordinance No. 2'120-2005 -- Amending KMC 7.25.020(a) by Increasing the Amount of Unencumbered Balances That can be Transferred in Line Item Accounts Without Approval of the City Council From Less Than $2,500 to Less Than $5,000. 7. Ordinance No. 2'121-2005 -- Amending Section 7.15.030(a) of the Kenai Municipal Code to Increase the Amount of Purchases Requiring Prior Council Approval From $2,500 to $15,000. 8. Ordinance No. 2'122-2005--Increasing Estimated Revenues and Appropriations by $290,000 a State of Alaska Grant for Public Improvements. 9. Ordinance No. 2123-2005--Increasing Estimated Revenues and Appropriations by $790,000 a State of Alaska Grant for Road and Sewer Improvements. 10. Resolution No. 2005-46 -- Setting the Public Hearing Date on the Proposed Set Net Drive (From VIP Drive to Watergate Way) Paving District. ITEM H: OLD BUSINESS ITEM I: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $2,500 3. *Ordinance No. 2'124-2005 -- Increasing Estimated Revenues and Appropriations by $6,388 in Two Senior Citizen Funds. 4. *Ordinance No. 2'125-2005 -- Amending the Official Kenai Zoning Map by Rezoning Tract A and Tract B, Gusty Subdivision, Addition No. 2, From Conservation (C) to General Commercial (CG). 5. Approval -- Tidelands to be Made Available for Shore Fishery Lease (Within Boundary of Alaska Tidelands Survey 272). 6. Approval -- Boys & Girls Club Management Agreement -- Two-Year Renewal. 7. Approval -- Airport Mission and Vision Statements 8. Approval -- Lease of Building & Grounds/Lot 3, Block 17, Original Townsite of Kenai -- Sublease of Premises From Kenai Historical Society, Inc. to Messianic Fellowship of Kenai. 9. Approval-- Kenai Municipal Airport/General Aviation Vehicle Parking Proposal. 10. Approval-- Amendments to Airport Regulations, 6.05.020, Short-Term Parking Area. EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT. The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at ~http://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D514/211