HomeMy WebLinkAbout2005-10-05 Council PacketKenai
City Council
Meeting Packet
October 5, 2005
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
OCTOBER 5, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http'//www, ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B'
SCHEDULED PUBLIC COMMENTS (10 minutes)
,
Larry Lewis, Alaska Department of Fish/h Game -- USFW/Private
Stewardship Grants Program -- Human/Bear Cohabitation
.
F. DeWayne Craig -- Water/Sewer Assessments, Bluff View
Condominiums, 406 S. Forest Drive.
,
Gayle Robinson -- Intergenerational Projects (Senior High School
Students/Elders).
ITEM C:
UNSCItEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSEMBLY, LEGISLATORS_ AND_ COUNCrt-~S
ITEM E:
REPORTS OF KENAI CONVENTION &, VISITORS RURm_,a.U
BOARD AND KENAI CHAMBER OF COERCE
ITEM F:
,,
PI~LIC HEARINGS
,
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).
ITEM G:
,,,MINUT~
ITEM H:
ITEM I-
Xe
e
e
.
,
.
o
.
.
ITEM J:
le
2.
3.
4.
5.
6.
7.
ITEM K:
*Regular City Council Meeting of September 21, 2005.
OLD BUSINESS
NEW BUSINESS
Bills to be Ratified
Approval of Purchase Orders Exceeding $2,500
*Ordinance No. 2126-2005 -- Increasing Estimated Revenues and
Appropriations by $2,043.75 in the General Fund for a Grant From the
Rasmuson Foundation Art Acquisition Initiative.
*Ordinance No. 2127-2005 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund for Shop Repair and
Maintenance.
Approval-- Assignment/Amendment of Lease/Timothy & Linda Mitchell
to Budget Rent a Car of Anchorage, Lot 5, Block 5, General Aviation
Apron.
Approval-- Assignment of Lease/Garrison Corp. d/b/a Budget Car
Rental to Budget Car Rental of Anchorage.
Approval -- Separation Agreement with Linda L. Snow.
Discussion --
a. Schedule Work Session/Paul Gray -- "Exploring Kenai."
b. Confirm October 25, 2005 Work Session/Airport Supplemental
Plan.
Discussion -- Capital Improvement Project Draft Plan
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Personnel issues.
ITEM N: ADJOURNMENT
OCTOBER 5, 2005
REGULAR COUNCIL MEETING
CHANGES:
REPLACEMENT PAGE:
ADDITION TO:
I-9, 8/16/05 Capital Improvement Plan
Memo (page 2 was not copied~
J-2, Airport Commission Report -- Application
To Airport Commission submitted by Cindi
Parsons (ERA Aviation Kenai Station Manager)
REOUESTRD
BY____3:
CITY MANAGER
CITY CLERK
No changes.
CONSENT AGEND.a
MAYOR'S RE_PORT
Z
0
Z
0
3~-~8 ~o
WILDLIFE MITIGATION PRESENTATION OVERVIEW
Why am I here? To report on ADFG's efforts to develop a proactive wildlife
stewardship program, specifically a "Wildlife Conservation Community" program
for the city of Kenai.
Why? For many people, wildlife defines Alaska. Wildlife is a high profile resource.
As you continue to grow as a community, how you treat this high profile resource
will to a great extent, color the public's attitude toward your city. This equates to
visitor and resident's $$$$ What type of image do you want for your city?
Wildlife stewardship: If we view wildlife as an indicator of the overall health of an
entire resource system, we're doing well, For now. What do we want for the
future?
Wildlife is a resource. It may be used in various ways. $$$
Even if we do all the right thines- Animal removal through relocation or lethal
means may be necessary in specific cases. However, the need for removal can be
greatly eliminated or reduced with proper management. Poor housekeeping and
sometimes intentional feeding will lure animals into areas where they are not
desired. Eliminating wildlife attractants whenever possible will help to reduce the
frequency of negative human/wildlife interactions. The ADFG will help you in
every way possible.
What is a "Wildlife Conservation Communi .ty"?
It is a partnership that results in a public relations, community based
conservation information and education program with the stated goals of:
1. Better stewardship of our wildlife resources.
(Landowner buy-in.)
2. Safer, cleaner neighborhoods.
(Existing waste management equipment will be retrofitted to be bear resistant. End user
waste receptacles and other equipment will be made available at a drastically reduced
price for individual landowners wishing to participate in the program. Building peri. ts
with mitigation plan or equipment mandated as a condition of permit? Require bear
resistant containers? Enforcement of current city ordinances by code enforcement
and other city departments?)
3. Less agency time spent dealing with nuisance wildlife and negative
human/wildlife interactions.
Funding has been applied for through a federal grant program and by promised
in-kind donations. Any funding received will be used for signage, equipment and
other materials and administrative needs.
TITLE PAGE:
FY2005 Private Stewardship Grant PrograTM
Project Proposal Form
Pro,iect Title:
City of Kenai - Wildlife Conservation Community Program
OBJECTIVES
We propose a comprehensive Wildlife Conservation Community program for the City of Kenai. This
program will be based on a very successful pilot project that was initiated in the Valhalla Heights and
Shaginoff subdivisions of the City of Kenai in 2003 (attached are several newspaper articles specific to
that project). An express goal of this program is to help avoid a future listing of Kenai Peninsula brown
bears (Ursus arctos) under the Endangered Species Act through proactive, locally-based conservation
actions.
Brown bears represent a significant component of the Kenai Peninsula ecosystem. This area is
experiencing steady human population growth, with associated road construction and commercial,
residential, recreational, and industrial development that encroaches into and fragmems brown bear
habitat. Brown bears use a wide variety of habitats from sea level to alpine, concentrating in areas of
highest human use along low-elevation valley bottoms and salmon streams in late summer. Brown bear
habitat quality depends on the juxtaposition and interactions of several habitat parameters, as described
by vegetation, food availability, and human activities. The actions proposed here are vital so brown bears
will move through and utilize the terrestrial ecosystems of this area in a natural manner. Brown bear
conservation on the Kenai Peninsula is a high priority among public, state, federal, and local
governments as'evidenced by the public-private partnerships which produced the Kenai Peninsula
Brown Bear Conservation Strategy in 2000 and the current Interagency Brown Bear Study Team
(m~s~:)
DURATION
We anticipate the duration of all work directly related to fun~g proposed through this grant as 2
(two) years. This overall Wildlife Conservation Community program is being developed to remain in
effect within the City of Kenai, Alaska in perpetuity.
SUMMARY OF COSTS
II
U. S. Fish and Wildlife Service- $100, 000
Non-Federal partners - $83, 000
Project Contact~hone Number:
David Donald- President of SCI (907) 283 - 9225
Larry L. Lewis- ADFG Soldotna (907) 262 - 9368
Responsible organization:
Alaska's Kenai Peninsula Chapter of Safari Club International (SCI)
PROJECT DESCRIPTION:
AFFECTED SPECIES
Kenai population ofbroTM bears (Ursus arctos)
While not federally listed, the ADFG designated Kenai brown bears as a population of special concern
under Alaska Species of Special Concern in 1998. As identified in the Kenai Peninsula Brown Bear
Conservation Strategy "This administrative designation was a proactive measure designed to focus
attention and research efforts on Kenai Peninsula brown bears", a relatively "isolated population in an
area experiencing steady human population growth and increased human activity." Several
environmental organizations are discussing submitting a petition to list this species under the ESA.
The proposed Wildlife Conservation Community Program will also have a positive affect on other
species in the area, most notably moose, black bears and coyotes.
BENEFITS TO AFFECTED SPECIES:
This city-wide program would implement key recommendations of the 2000 Kenai Peninsula Brown
Bear Conservation Strategy (the "Strategy"). The Strategy was developed by a stakeholders group
appointed by the Kenai Borough Mayor, the Commissioner of the Alaska Department offish and Game
(ADFG), and the Special Assistant to the Secretary of the U.S. Department of the Interior in Alaska. It
consisted of representatives of sport fishing, guide, hunting, Native, environmental, timber industry, oil
and mining industry, tourism and local business interests and representatives of the Kenai Peninsula
Borough, Alaska Department of Natural Resources, U.S. Fish and Wildlife Service, National Park
Service, U.S. Forest Service, and the Alaska Department offish and Game. The Strategy seeks to
address the long-term cumulative effects that accelerating human population growth and resource
development'have on the Kenai's brown bear population. The Kenai Peninsula is one of Alaska's most
.'developed and fastest growing regions, with increasing oppommities for bears to come into contact with
. people. Human-caused defense of life and property (DLP) bear mortality have doubled on the Kenai over
the past decade. DLP bear mortalities related to garbage, pet food and livestock feed have steadily
increased. Without a proactive conservation effort, this population is likely to be petitioned for a
threatened or endangered listing. The City of Kenai, due to its coastal location, immediate proximity to
salmon producing rivers and streams, and the 1.9 million acre Kenai National Wildlife Refuge, is
frequented regularly by brown bears. A community driven effort by private landowners, the City of
Kenai and program partners to install and maintain bear-resistant garbage containers and reduce the
availability of other human-caused bear attractants will help to minimize this major source of brown bear
DLP mortality. Major goals of this program are to foster better stewardship of our wildlife resources
within the City of Kenai, create safer neighborhoods for people and brown bears and decrease the
mount of agency time spent responding to complaints about nuisance brown bear within this
community. If these long term goals are embraced by residents of and visitors to the Kenai Peninsula,
the future of Kenai Peninsula brown bears will be ensured well into the furore.
IDENTIFICA~ON OF I,ANDO~RS
There are several neighborhoods, including VIP, Shaginoff, Valhalla Heights and Thompson Park within
the City of Kenai whose residents have already expressed interest and intent in landowner participation
in this program.
Private landowners have been identified and representatives of ADFG and the City of Kenai will be
meeting with them in these identified problem areas. The identification of landowners in these areas is a
)key aspect of the project.
FUNDING:
..
Bear resistant garbage receptacles can be very expensive to purchase and ship to individual landowners
due to the Kenai Peninsula's lack of local manufacturers and remote location. These containers may
cost upwards of $250 each. This program will use USFWS funds to cost share with local landowners to
make containers more affordable. SCI has established a successful conservation track record on the
Kenai Peninsula. SCI has also played a role in the Kenai Brown Bear Committee and development of
the Kenai Peninsula Brown Bear Conservation Strategy, providing a model for the conservation of
brown bears on the Kenai. Brown bear conservation efforts on the Kenai Peninsula will also provide
protection for moose and other species. The protection of brown bears and their habitat also protects
habitats that are essential to the Kenai's world-class salmon fishery.
* SCI will provide volunteer time from within their membership to administer funding from this grant,
as well as help to distribute information and equipment in Kenai neighborhoods and participate in
public informational meetings.
* S&R Enterprises Inc. has agreed to provide in-kind services of staff salaries for design of bear
resistant lids, modification of containers, pickup and delivery of containers and other
administrative duties connected directly to this project as well as storage space at their facility.
* The City of Kenai will provide design, construction and installation of signage related to this program.
* ADFG will provide staff time and educational materials to help facilitate, administer and follow
through on this program well into the future.
* John Shoen, Lead Scientist for the Alaska Audubon has consented to participate in this program in an
advisory capacity.
* Peninsula Sanitation, another waste management company operating on the Kenai Peninsula has
agreed to serve in an advisory capacity.
IMPORTANCE TO RECOVERY AND CONSERVATION OF THE SPECIES
In addition to garbage management and habitat protection, there is a clear need for outreach and
education oriented toward modifying human behaviors and assuring a safe outcome for both bears and
humans in the many bear-human interactions on the Kenai. Toward this end, we propose to reprint and
distribute a copy of Audubon's booklet "Living in Harmony with Bears" to every household in the City
°fKenai. This booklet will enhance our oppommity to conserve brown bears and help residents ofhhe
city to live responsibly with area wildlife.
PROJECT STATEMENT OF WORK:
Our proposed strategies to modify public behavior, reduce the number of DLP shootings and protect
habitat for the Kenai's brown bear population are:
A. Project design:
Alaska's Kenai Peninsula Chapter of Safari Club International (SCI) will
cost share with local landowners, community groups, and small businesses
to provide them with bear-proof containers, and/or other mitigation devices
to reduce access of bears to anthropogenic food sources. Local ADFG staff
will work with waste management companies to assure that bear-resistant
containers meet their standards and are user friendly for the landowner. SCI
will work with waste management companies to ensure that containers are
compatible with existing service equipment.
B. Project organization-
1. This program will be organized by a committee of partners to ensure
the programs success. David Donald of SCI and Larry Lewis of ADFG
will act as the principal points of contact and spearhead efforts to
achieve the programs goals.
2. SCI administers grant money and will make cost effective bear resistant
containers more readily available for private land owners.
3. S&R Enterprises Inc. (refuse disposal partner) will modify existing
commercial containers and store new containers.
4. City of Kenai will build and erect signage identifying Kenai as a
Wildlife Conservation Community.
5. ADFG staff will conduct informational meetings for neighborhoods
and other groups to explain the program and encourage landowner
participation.
6. Maintenance of containers will be provided by landowners and refuse
disposal companies.
C. Project milestones.
In 2004, thc ADFG alone responded to over 100 calls concerning nuisance
bear from residents of the City of Kcnai. This docs not include calls made
to the Kcnai Police Department or State Troopers. This project will
directly address thc cause of these negative interactions.
1. ADFG, the City of Kcnai and SCI will begin an aggressive schedule of
community meetings and neighborhood canvassing using volunteers from
within thc community and others interested in partnering for this project in
the first month of thc project.
2. We will begin providing economical and easy access to bear resistant
waste storage equipment and information and education for thc citizens of
the City of Kcnai in thc second month or earlier dependent on shipping and
manufacturers schedules.
3. We will reprint and mail to all City of Kenai landowners the Living In
Harmony with Bears publication in the third month.
4. Signage will be installed at all entrances to the city by the fourth month.
TheSe efforts will all continue until all program goals are met.
D. Evaluation:
We will measure success of the program by seeing a marked reduction in
the number of negative bear/human interactions in the City of Kenai. We
will gauge this by a reduction in the number of calls regarding nuisance
bears in neighborhoods to the Kenai Police Department, ADFG and
Alaska State Troopers as well as overall landowner satisfaction with the
program. We will have fewer bears shot DLP and less need for ADFG to
attempt to relocate bears.
E. Habitat protection:
Contact owners of high priority properties within areas of known brown
bear usage and develop protection strategies on those key tracts. It is
hoped that by eliminating the availability of human caused bear attractants,
negative impacts on brown bear habitat including travel corridors will be
minimized. The Kenai Peninsula, like the rest of Alaska, has a fairly
transient human population. Because of this, long-term education efforts
with an ongoing timeline will be required for maintenance of this program.
PROJECT BUDGET:
Federal Cost Share
BUDGET
Personnel and Labor
Materials
Printing
Overhead (10%)
Total
SCI
$5,000
$5,000
ADFG
$40,000
$40,000
OTHER
$10,000,
$20,000
$8,000
$38,000
USFWS
$4,000
$80,000
$6,000
$10,000
$100,000
NON-FEDERAL COST SHARE
· SCI's budget for the City of Kenai Wildlife Conservation Community program is $ 5,000. This
will be in-kind estimated volunteer support time of 500 hours at $10 per hour.
· City of Kenai will contribute $8,000 in-kind for design, construction and installation of signage.
John Shoen, Lead Scientist, Audubon Alaska will participate in an advisory capacity. Estimated
in-kind donation of $5,000.
S&R Sanitation will provide $10,000 of in-kind services (employee salaries, storage of
containers, pickup and delivery of equipment, equipment design and modification plus misc.
office supplies and other administrative costs.)
Estimated 600 private landowners, will share in $50 of the cost for bear-proof
garbage containers.
· Total non-federal cost share estimated at $83,000
This project will still be practicable if only partially funded. We would however, be unable to
provide containers to as many private landowners as projected without full funding.
SUPPORTING DOCUMENTS ATTACHED
1. Letter of support from the Kenai Police Department
2. Letter of support and intent to participate from the City of Kenai.
3. Newspaper articles related to this program.
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
Water Sewer Assessmems
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 rote 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 mommy 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.
Respectfully submitted,
F. DeWayne Crmg
cc: Larry Semmens
MEMORANDUM
To:
From:
Date:
Subject'
Chuck Kopp, Acting City Manager~/)
Larry Semmens, Finance Director~
September 20, 2005
F. DeWayne Craig request for refund of Water and Sewer
Charges
In a letter to the City Council, F. DeWayne Craig is requesting a refund of at
least half of the $3,819.26 that he recently paid in delinquent water and
sewer bills because he has discovered that actual metered water usage results
in considerably lower water and sewer billing than does a flat rate billing for
six housing units.
It is tempting to agree with Mr. Craig that we owe him a refund because
actual metered usage charges are less than the flat rate charges he paid.
However, there are many customers that have had charges drop after a meter
is installed and the City has never given a refund in such a case. It is the
customer's option to install a meter. Mr. Craig had this option prior to the
time that we billed him for services rendered but not paid for.
Since we woUld deny a similar request from a customer who had always
paid their flat rate billing timely prior to installing a meter, I recommend that
Mr. Craig's request be denied. The fact that Mr. Craig was five year's
delinquent in paying the water and sewer bill on two of the six units should
not provide him with a benefit not accorded to someone who has always
paid on time.
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.ci.kenai.ak, us
MEMORANDUM
TO: Chuck Kopp
City Manager
FROM:
Anna Wheeler
Senior Connection, Inc.
DATE:
September 30, 2005
REFERENCE:
Kenai Central High School Senior Civic Projects
All senior high students are required to complete a Senior Civic Project as part of their
coursework in American Government. This is a two-part assignment worth 20% of their
grade each quarter. In the first quarter each senior is required to complete a community
improvement project. The second quarter, each student is required to design and present
The
a prepared public speech on the merits of volunteerism and the student's project.
following criteria must be followed to eam credit:
· Project must be approved by instructor
· Benefit a significant number of local community members
· Work with a non-profit entity to design a focused project
· Must not receive pay or material reward and completed outside of their
school/work co-op schedule.
We have many senior high students focusing their projects at the senior center. Projects
include but not limited are: Senior cookbook, assistance with kitchen project, and a
fundraiser. Both populations of"seniors" have enjoyed this process!
Suggested by:
Adminlstrauon
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; and,
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 will 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 Aging- Title III Fund
Increase Estimated Revenues:
State Grant
$7~000
Increase Appropriations'
Congregate Meals- Operating Supplies
Home Meals - Operating Supplies
$5,250
1,750
$7,000
Senior Citizen Fund
Es~ated Revenues:
United Way
Kenai Peninsula Borough
Decrease Appropriations:
Operating Supplies
$2,112
<2,724>
$<612>
$<612>
Ordinance No. 2124-2005
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of
October, 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 properW 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,
ALASKA, the official Kenai Zoning Map is amended by rezoning Tract A and Tract B,
Gusty Subdivision, Addition No. 2, from Conservation ((21 to General Commercial
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th 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
KENAI. 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 RECOMMEND~G 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 heating 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, September 14~ 2005,
CHAIRPERSON: ~ ~~~
/
ATTEST:"
P~oposed Rezone
CG
TSH
C
CG
PZ05-53
CC
Attachment A
GOVT. LOT 86
GOVT. 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 3~
GOVT. LOT 37
192-A3
GUSTY
,DDN. NO. 2
SHADURA
SUBD.
U.S.S. 1435
1
ADD'N
NO. 8
ET(
KENAi. ALASKA
M
MO:
210 Fidalgo Avenue, Kenai Alaska 99611-7794 ~
1992
TO:
FROM'
THRU'
DATE'
SUBJECT:
Charles M. Kopp, Acting City Manager
Marilyn Kebschuil, 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.
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
SEPTEMBER 21, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt _V://www. cl. kenai, ak.u s
ITEM A: ..CALL TO ORDER
_
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B'
,
SCHEDULED PUBLIC COMMENTS (10 minutes)
Paul Gray -- Exploring Kenai Presentation.
ITEM C:
ITEM D:
ITEM E:
UNSCHEDULED PUR_LIC CO~M~'.NTS (3 minutes)
REPORTS OF KPR ASSEM_uLY, L~'-C-IS!_.ATOR~ A17D_ COUNC _H~
REPORTS OF KEN,afl CONV~,NTION &. VISITORS
~OAkD AND KENAI CI~IM_n~.R OF COMM~.RC~.
ITEM F:
,,
pUBLIC HEARINGS
Xe
o
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 Wildire Firefighting
Equipment.
,
Ordinance No. 2118-2005 -- Increasing Estimated Revenues and
Appropriations by $503,096 in the Kenai Soccer Park Capita/Project
Fund for a Federal Grant.
,
,
,
.
,
10.
ITEM G:
,
ITEM H:
, ,
ITEM I:
.
.
.
.
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.
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 $5,000.
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 $15,000.
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.
,
.
.
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:
Xe
2.
3.
4.
5.
6.
7.
ITEM K:
ITEM L:
COMMISSION/COMM!TTR~ I~'-PORT~
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 M&YOI~
ADMINISTRATION ~PORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M?' DISCUSSION
_
1. Citizens (five minutes)
2. Council
~CUTIVE SES_SION- None Scheduled
ITEM N:
.ADJOURNMENT
KENAI CITY COUNCIL- REGULAR MEETING
SEPTEMBER 21, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
h~tp'//www.¢i.kcnai.ak.us
MAYOR PAT PORTER, PRESIDING
MINUTES
ITEM A:
CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-Xo
PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were:
Rick Ross
Joe Moore
James N. Buffer, III
Linda Swarner
Pat Porter
Cliff Massie
Absent was: Blaine Gilman
A quorum was present.
Also Present:
Les Krusen, Student Representative
A-3o
AGENDA APPROVAL
Mayor Porter noted
SUBSTITUTE:
SUBSTITUTE:
SUBSTITUTE:
ADD AT:
ADD AT:
the following lay down items to add to the packet of information:
F-2, Ordinance No. 2116-2005 -- Change in the title and first
whereas.
I-2, Purchase Orders Exceeding $2,500 -- Addition of purchase
order to Mikunda, Cottrell for the audit.
I-8, Approval/Lease of Building & Grounds/Kenai Historical
Society, Inc. to Messianic Fellowship of Kenai (lease and sublease
changed with a paragraph deleted).
J-5, Parks/h Recreation Commission Report -- Ryan C.
Lawrence application for commission appointment consideration.
K-Mayor's Report -- Mayor Porter's written report.
MOTION:
~NAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 2
Council Member Moore MOVED for approval of the agenda as amended and requested
UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There
were no objections. SO ORDERE~.
CONSENT AGENDA
MOTION:
Council Member Moore MOVED to approval the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the
motion. There were no objections. SO ORDERED.
ITEM B:
SCHEDULED PUBLIC CO_M_M~.NTS (10 minutes)
B-lo
Paul Gray -- Exploring Kenai Presentation.
Paul Gray, 795 Griffin, Soldotna -- Gray presented an overview of his business and
the "Exploring Alaska" television program and his new concept to use as a mechanism
to promote Kenai as a tourist destination. He noted, the new program would be
tailored to attractions, businesses, events etc. ongoing in Kenai. He requested the
city's involvement as a partner tO produce the program by purchasing approximately
seven minutes of time.
A brief discussion followed during which interest was expressed by members of
council and additional information was requested, i.e. cost, who will own the program,
desire to see an example of the program, etc. Gray explained, he would maintain
ownership of the video, however it would be used in a variety of ways to benefit the
area as well as being packaged for sale at the Visitors Center, place it on the intemet,
etc. The information included in the packet indicated the cost of one minute of the
program would be $1,250.
Gray reported he could have a rough cut of the program available for review in several
weeks. He was a~ked to discuss scheduling of a work session with administration.
ITEM C:
UNSCHEDULED PURLIC CO_.MM~.NT8 (3 minutes)
Tim Dillon, Arctic Winter Games, 109 North Tinker, Kenai -- Dillon gave an update
of activities taking place in preparation for the Games, noting the following:
The final draft of their operations manual was completed and would be
forwarded to the publisher for reproduction.
· They have been awarded several different grants.
Fundraising activities was ongoing.
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 3
· The ice facility upgrades were coming along and the bleachers were
expected to be delivered in severe weeks.
* They are working with Kenai Landing for its use during the Games.
ITEM D:
-- None.
REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND_ COUNC!L-_~
ITEM E:
REPORTS OF KENAI CONVENTION & VISITORS RIn~"._&U
BOARD AND KENAI CHAMBER OF 'CO _MM___~_RCR-- None.
ITEM F:
PUBLIC HEARINGS
F-X.
Ordinance No. 2115-2005 -- Increasing Estimated Revenues and
Appropriations by/19,900 in the Senior Citizens Fund for Kitchen Rental.
MOTION:
Council Member Swarner MOVED for the adoption of Ordinance No. 2115-2005 and
Council Member Moore SECONDED the motion.
There were no public comments. Council requested a thank-you letter be sent to the
American Legion.
VOTE:
*Student Representative Krusen: Yes
Porter Yes Moore Yes Swarner
[ Massie, ' Yes
Yes
Yes
MOTION PASSED UNANIMOUSLY.
F-2.
Ordinance No. 2115-2005 -- Increasing Estimated Revenues and
Appropriations by $64,750 in the General Fund for the Fire Department
Physical Fitness Program.
F-2a.
Substitute Ordinance no. 2116-2005 -- Increasing Estimated Revenues
and Appropriations by $61,513 and Transferring $3,237 in the General
Fund for a Fire Department Physical Fitness Program.
MOTION:
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 4
Council Member Massie MOVED for the adoption of Ordinance No. 2116-2005
{substitute) and Council Member Moore SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative Krusen- Yes
MOTION PASSED UNANIMOUSLY.
F-3o
Ordinance No. 211'/-2005 -- Increasing Estimated Revenues and
Appropriations by $3,838 in the General Fund for Wildfire Firefighting
Equipment.
MOTION:
Council Member Buffer MOVED to enact Ordinance No. 2117-2005 and Council
Member Swarner SECONDED the motion.
There were no public comments. Acting City Manager Kopp reported the funds would
obtain what has normally been borrowed and returned and would include tools only.
VOTE:
*Student Representative Krusen: Yes
MOTION PASSED UNANIMOUSLY.
F-4o
Ordinance No. 2118-2005 -- Increasing Estimated Revenues and
Appropriations by $503,096 in the Kenai Soccer Park Capital Project
Fund for a Federal Grant.
MOTION:
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 5
Council Member Buffer MOVED to enact Ordinance No. 2118-2005 and Council
Member Moore SECONDED the motion.
There were no public comments. Kopp noted an error in the amount noted in the first
whereas of the ordinance, stating the amount should be $251,548 instead of
$251,096. Discussion followed during which comments included:
There is a new design (with the inclusion of a berm between the fields
and Evergreen Street residences) which had not been presented to the Parks &
Recreation Commission and residents of Evergreen Street, however both groups had
been revolved in the discussions over the last several months.
· There is no contract with the soccer association related to assurances the
association members will carry through with the in-kind contributions they
represented would be done and were represented as in-kind donations in the grant
application.
· The 12% administrative fee was removed.
· o Ross requested the final plan be presented to the Parks & Recreation
Commission and council prior to the bid document preparation.
MOTION TO AMEKD:
Council Member Buffer MOVED to amend Ordinance No. 2118-2005 in the first
whereas by changing $251,096 to $251,548. Council Member Moore SECONDED the
motion.
VOTE:
*Student Representative Krusen: Yes
Porter Yes Moore Yes Swam er
Massie Yes
Yes
Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
*Student Representative Krusen: Yes
Ross Yes Gilman [Absent
Porter Yes Moore [ Yes
Massie Yes
Buffer
Yes
Yes
MOTION PASSED UNANIMOUSLY.
KEN~ CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 6
Ordinance No. 2119-2005 -- Amending Section 7.15.050(1) to Increase
the Amount that Can be Spent on Purchases of Supplies, Mater/als,
Equipment or Contractual Services Without a Competitive Bid Process
from $10,000 to $25,000.
MOTION:
Council Member Moore MOVED for the adoption of Ordinance No. 2119-2005 and
Council Member Buffer SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative Krusen: Yes
MOTION PASSED IINANIMOUSLY.
F-6o
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.
F-6a.
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 $5,000]
MOTION:
Council Member Buffer MOVED to enact Substitute Ordinance No. 2120 and Council
Member Massie SECOKDED the motion.
There were no public or council comments.
VOTE:
*Student Representative Krusen: Yes
KEN~ CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 7
Ross Yes
Porter Yes
Massie Yes
Gilman
Moore
IAbsent
Yes
Buffer
Swarner
l Yes
Yes
MOTION PASSED UNANIMOUSLY.
F-7.
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 $15,000.
MOTION:
Council Member Massie MOVED for adoption of Ordinance No. 2121-2005 and
Council Member Ross SECONDED the motion.
There were no public comments.
included:
Council's comments during their discussion
· In order for council to know with whom the city is doing business,
administration was requested to provide a monthly list of purchase orders of $2,500 or
more as an information item.
· Though the change is substantial, the ordinance, if passed, would bring
the code in line with the ordinance raising the competitive bidding requirements; most
of the projects for which the bidding would take place, would be budgeted; and, would
allow administration to proceed with budgeted projects more efficiently and in a timely
manner.
· The council would be putting its trust in administration to continue to
shop locally and more efficiently.
VOTE:
*Student Representative Krusen' Yes
I Ross lYes
Porter Yes
Massie Yes
Gilman Absent Buffer
Moore Yes Sw_m-ner
Yes
Yes
MOTION PASSED UNAN~OUSLY.
F-8.
Ordinance No. 2122-2005 -- Increasing Estimated Revenues and
Appropriations by $290,000 a State of Alaska Grant for Public
Improvements.
MOTION:
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 8
Council Member Buffer MOVED to enact Ordinance No. 2122-2005 and Council
Member Swarner SF~ONDED the motion.
There were no public comments. It was explained the VIP well would be a non-potable
well for emergency water service as there is no city water line in that area.
VOTE:
*Student Representative Krusen-'Yes
MOTION PASSED UNANIMOUSLY.
Ordinance No. 2123-2005 -- Increasing Estimated Revenues and
Appropriations by $790,000 a State of Alaska Grant for Road and Sewer
ImProvements.
MOTION:
Council Member Swarner MOVED for approval of Ordinance No. 2123-2005 and
Council Member Moore SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative Krusen: Yes
MOTION PASSED UNANIMOUSLY.
F-10.
MOTION:
Resolution No. 2005-46 -- Setting the Public Hearing Date on the
Proposed Set Net Drive {From VIP Drive to Water§ate Way) Paving
District.
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 9
Council Member Swarner MOVED for approval of Resolution No. 2005-46 and
requested UNANIMOUS CONSENT. Council Member Ross SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
ITEM G: MII~TES
G-1. Regular City Council Meeting of September 7, 2005 -- Approved by
consent agenda.
ITEM H:
OLD BUSINGS-- None.
ITEM I:
,,,
NEW BUiINESS
I-1.
Bills to be Ratified
MOTION:
Council Member Buffer MOVED to ratify the bills. Council Member Massie
SECONDED the motion and requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
I-2.
Approval of Purchase Orders Exceeding $2,500
MOTION:
Council Member Moore MOVED for approval of the Substitute Purchase Orders
Exceeding $2,500 and requested IJNJla'~MOU~t CONSENT. Council Member Swarner
SECONDED the motion. There were no objections. 80 ORD~~D.
A brief discussion followed in which it was requested the list of purchase orders over
$2,500 (to be a monthly information item) would also include those purchase orders
that exceed the initial purchase order amount.
I-3.
Ordinance No. 2124-2005 -- Increasing Estimated Revenues and
Appropriations by $6,388 in Two Senior Citizen Funds.
Introduced by consent agenda.
~NAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 10
I-4o
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).
Introduced by consent agenda.
I-5o
Approval -- Tidelands to be Made Available for Shore Fishery Lease
(Within Boundary of Alaska Tidelands Survey 272).
It was noted both the Planning & Zoning and Harbor Commissions reviewed the issue
and recommended the property be made available for shore fishery lease.
MOTION:
Council Member Massie MOVED to make subject the tidelands available for shore
fishery lease. Council Member Swarner SECOI~ED the motion and requested
UNANIMOUS CONSENT. There were no objections. SO ORDE~D.
I-6o
Approval-- Boys & Girls Club Management Agreement-- Two-Year
Renewal.
Massie stated his objection to renewing the contract, noting he did not feel the
contract was good for the city; the city would be paying $250,000 to the contractor to
run the facility; and, if put out to bid, he felt a much better arrangement would be
received.
Attorney Graves explained the contract allowed for one, two-year extension and upon
mutual consent, a second two-year extension. However, after the four-year period,
council may review and could decide on a different approach.
MOTION:
Council Member Ross MOVED to approve the two-year extension as presented in the
agreement. Council Member Moore S~OI~ED the motion.
VOTE:
*Student Representative Krusen: Yes
MOTION PASSED.
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 11
1-7'
Approval-- Airport Mission and Vision Statements
MOTION:
Council Member Swarner MOVED to approve the Mission Statement and Vision
Statement as presented by the Airport Commission (referring to Item I-7) and
requested UNAKilVlOUS CONSENT. Council Member Ross SECONDED the motion.
Airport Manager Cronkhite.explained, the memorandum included in the packet
indicated two versions of the statements- those of the consultant and the Airport
Commission. She noted, the Airport Commission recommended approval of the
Mission Statement as presented by the consultants. However, they recommended to
amend the consultant's proposed Vision Statement by deleting the word "scheduled" in
the first line and inserting "general aviation facilities and services" in the second line
after "destinations."
Swamer and Ross agreed to withdraw the original motion.
MOTION:
Council Member Swarner MOVED to accept the Mission Statement and Vision
Statement as presented by the Airport Commission. Council Member Ross
SECONDED the motion.
Ross clarified, the motion was to approve the Mission Statement as agreed by both the
Commission and consultant. If passed, the motion would approve the Vision
Statement as recommended by the Commission with their amendments.
VOTE:
*Student Representative Krusen: Yes
Porter Yes Moore Yes Swarner Yes
Massie Yes
MOTION PASSED UNAN~OUSLY.
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.
~NAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 12
It was noted, a substitute copy of the lease was submitted at the beginning of the
meeting which deleted the paragraph referring to whoever uses the facility cannot
discriminate based on a religion. Since it would be a faith subleasing the facility, the
tenets of the faith should be able to be taught. The standard language which had
been included would not have allowed that use and was therefore removed.
Graves was asked if _there was any issue with Paragraph 3, referring to the agreement
being contingent on the City of Kenai renewing its lease of he facilities to the Kenai
Historical Society annually. Graves stated it would only if the city was directly leasing
the property to the lessee at less than fair market value.
MOTION:
Council Member Moore MOVED to approve the sublease of premises from Kenai
Historical Society, Inc. to Messianic Fellowship of Kenai and Council Member Swarner
SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
MOTION PASSED UNANIMOUSLY.
Approval -- Kenai Municipal Airport/General Aviation Vehicle Parking
Proposal.
Swarner noted the Airport Commission reviewed the proposal at its September 8
meeting and recommended approval.
MOTION:
Council Member Swamer MOVED to support the plan and Council Member Massie
SECONDED the motion.
Referring to the memorandum included in the packet, Council Member Buffer noted
the property to be u~ed for the additional parking was currently leased; the lessee
stated he would be willing to negotiate with the city to terminate the lease; the current
lessee assigned the lease as collateral on a Small l~usiness Administration (SBA) loan;
and, monetary compensation will need to be negotiated (between the lessee and SBA).
Buffer asked if the amounts owed had been identified. Kopp reported, the amount
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 13
owed was not yet known, however the lessee would have to come current with
amounts owed to the city.
VOTE:
*Student Representative Krusen: Yes
Ross lYes
Porter Yes
Massie Yes
Gilman Absent
Moore Yes
Buffer
Swarner
l Yes
Yes
MOTION PASSED UNANIMOUSLY.
1-10.
Approval-- Amendments to Airport Regulations, 6.05.020, Short-Term
Partdng Area.
MOTION:
Council Member swarner MOVED to approve the Airport Regulations amendments as
outlined in the memorandum from the Airport Manager (included in the packet) and
requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion.
There were no objections. SO ORDERED.
ITEM J:
COMMISSION/COMMITTEE REPORTS
J-1. Council on Aging -- It was reported the next meeting would be held on
October 6, 2005.
J-2. Airport Commission -- Swarner reported another work session with the
consultants would be held on September 29 from 6:00 - 9:00 p.m. Swarner also
reported the meeting summary of the Commission's September meeting was included
in the packet.
Massie noted, lots are available on airport land and could attract lessees if some
improvements were made to the land (by the city) as suggested during the airport work
sessions. He suggested the issue be discussed further. Kopp explained, when
developers come forward related to airport land, site preparation is discussed with
them. He noted, the city has had a policy not to develop airport land and the
developer to carry the improvement coats. Kopp stated, administration could request
a business plan from prospective developers and bring them to council for discussion.
Ross stated he would like that process to be put on hold until after the Airport
Supplemental. Plan ia adopted and a standardized policy is developed. Graves noted, a
code amendment had been suggested to add a surcharge to the city's improvement
KEN~ CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 14
costs of airport land in order to recapture the development costs from the lessee and
to dispel any suggestion the city/airport would be subsidizing a developer. He added,
several code changes were being drafted as a result of the supplemental plan
development.
Swarner also noted, she would not be in attendance at the October 13 Commission
meeting.
J-3. Harbor Commission -- Massie reported the Commission reviewed the
shore fishery lease of tidelands and recommended the process go forward.
J-4. Library Commission -- Acting Library Director McNair reported the next
meeting would be held October 4.
J-5. Parks ~ Recreation Commission -- Moore reported there was no
quorum available for the September meeting. He noted there were two applications for
appointment consideration and recommended Ryan Lawrence be appointed. Council
stated no objections.
J-6. Planning ~ Zoning Commission -- Buffer reviewed actions taken at the
September 14 meeting, noting thc Commission discussed at length the meeting
schedule issue. Porter stated, she would bring the scheduling issue to council after
the election.
J-7. Miscellaneous Commissions and Committees
J-7a. Beautification Committee -- Massie reported there was no quorum for
the September meeting.
J-7b. Alaska Municipal League Report -- Swamer noted the next conference
would be held in Anchorage in November.
J-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported a
'sponsoring rally' would be held on October 8 at Kenai Chrysler.
J-7d. Stranded Cas Committee -- Ross reported no meetings had occurred
since his last report.
ITEM K:
REPORT OF THE _M&YOI~
_
Porter noted her written report which was distributed at the beginning of the meeting.
ITEM.L: ADMINISTRATION R~PORTS
City Manager -- Kopp reported the following:
KENAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 15
· The department reports were included in the packet
· To date, 29 city manager applications had been received and of them, ten
were qualified.
· Finance Director Larry Semmens was appointed by Governor Murkowski
to the Alaska Retirement Management Board.
· He would be on leave and during his absence, Larry Semmens would be
Acting City manager and Lt. Wanamaker would be Acting Chief of Police.
Comment was made related to the difference in color of sidewalks at Leif Hansen Park.
Public Works Manager Komelis was requested to investigate.
L-2. Attorney -- Attorney Graves noted the following:
· The updated city code was on line.
· An example of a property maintenance ordinance was included in the
packet. Administration was requested to proceed with the ordinance process, taldng it
through Planning & Zoning Commission review first because of the impact it would
have on the community.
L-3. City Clerk -- City Clerk Freas noted the following:
· The Special Assessment District Petition for McCollum Drive and Aliak
Drive was received and sub_m__itted to the City Manager. She added, the process
requires the City Manager to prepare a report and submit it to council within 60 days.
· Absentee in-person and by-mail voting was in progress.
· She arranged for three additional people to participate on the Canvassing
Board as allowed by code.
ITEM M: DISCUSSION
1~-1o
Citizens-- None.
M-2. Council
Moore -- Noted his desire to have a list of purchase orders exceeding $2,500
and changes to purchase orders exceeding $2,500 as an information item after the
code amendment becomes effective.
Swarner-- Noted the following:
· Reported she would be absent from the next council meeting.
· Was asked why the Dust Bowl is mainta/ned when it is not used.
· Asked when gravel roads are graded.
· Several street lights in the community were needing repair.
Massie -- No comments.
~NAI CITY COUNCIL MEETING
SEPTEMBER 21, 2005
PAGE 16
Krusen -- Noted the homecoming football game would be held on Saturday and
the Dust Bowl is used as a practice field for baseball teams.
Ross -- No comments.
Butler -- Suggested writing a thank-you letter to the area legislators to help in
building better communication with them.
Porter-- Reported the following:
The town clock project was moving along with the foundation being
placed in the next week.
· Spoke with a representative of Carl's Jr. and was told the store would be
open in December.
~EXECUTIVE SF-~SION -- None Scheduled
ITEM N:
ADJOURKMENT
The meeting adjourned at approximately 8:45 p.m.
Minutes transcribed and prepared by:
'Carol L. Freas, City Clerk
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session discussion. Advisory votes shall be cast prior to the official council vote and
shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes.
Student representatives may not move or second items during a council meeting.
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Suggested by: Adminis
CITY OF KENAI
ORDINANCE NO. 2126-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,043.75 IN
THE GENERAL FUND FOR A GRANT FROM THE RASMUSON FOUNDATION
ART ACQUISITION INITIATIVE.
WHEREAS, the Kenai Convention and Visitors Bureau, on behalf of the City of
Kenai, applied for a grant from the Rasmuson Foundation Art Acquisition
Initiative to purchase a woodcanring by Kathleen Carlo to add to the City of
Kenai's permanent collection; and,
WHEREAS, the grant was approved; and,
WHEREAS, it is in the best interest of the City of Kenai to accept the grant and
to purchase the woodcarving.
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:
Donations
$2,043.75
Increase Appropriations:
Visitors Center Miscellaneous
$2,043.75
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of
October 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(09/9.1/05) hi
Introduced:
Adopted:
Effective:
October 5, 2005
October 19, 2005
October 19, 2005
Suggested, by:
CITY OF KENAI
ORDINANCE NO. 2127-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 IN THE GENERAL FUND
FOR SHOP REPAIR AND MAINTENANCE.
WHEREAS, in July of 2005 the City spent $28,000 to repair the engine of a piece of
heavy equipment; and,
WHEREAS, the expenditure was not budgeted for in FY2006; and,
WHEREAS, the Shop Repair and Maintenance account needs an additional $15,000 to
cover costs anticipated for the remainder of FY2006.
WHEREAS, funds are available in the fund balance of the General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$15,000
Increase Appropriations:
Shop- Repair and Maintenance
$15,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of October
2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(09 / 27 / 2005) hl
Introduced: October 5, 2005
Adopted: October 19, 2005
Effective: October 19, 2005
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www. ci.kenai.ak.us
KENAI, ALASKA
MemoranClum
Date:
From:
September 29, 2005
Charles M. Kopp, Acting City Manager
Kim Howard, Assistant to the City Manager ~~
Lot 5, Block 5, General Aviation Apron Assignment/Amendment of Lease-
Timothy & Linda Mitchell to Budget Rent a Car of Anchorage
Timothy and Linda Mitchell have requested to assign their lease to Budget Rent a Car of
Anchorage. Attached is the proposed Assignment of Lease. Mitchell's Auto and Truck Repair, Inc.
was located on this property on Willow Street and is shown on the attached map.
The lease states the lessee shall not "assign his lease or any part, not let, nor sublet, either by grant
or implication, the whole part of the premises or any part without written consent of the City."
The purpose for which this lease was issued in 1967 was "In accordance with the Use Plan of Small
Aircraft Apron." There is no known record of this plan. Mr. Tony Stanley of Budget Rent a Car of
Anchorage has provided the attached letter outlying their plans for the property. The airport
consultants have recommended that if the assignment is approved the use should be changed to "Car
rental and leasing company, hangar and tie-down area." There are 17 years remaining in the term of
the lease.
As of October 5th, there will be delinquencies outstanding with the City of Kenai in the amount of
$1,368.77 for the lease and $207.32 for water and sewer payments. Property taxes are due to the
Kenai Peninsula Borough on October 15th in the mount of $1,467.73. In the past, Council has
approved assigm~ents of leases that are delinquent contingent upon the accounts becoming current
in payments to the Borough and City prior to or at the time of closing.
The City Attorney has reviewed the document and has no objection as to the form. If Council
approves the assiglnnent, a Consent to Assignment and an Amendment to Lease changing the use can
be executed.
Attachments'
Cc: Kelly Griebel, Freedom Realty
Glenda Feeken, Re/Max Realty
Rebecca Cronkhite, Airport Manager
,,'
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Property
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13
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Page 1 of 1
Kim Howard
From: Hope [hope@stanleymotorsak.com]
Sent: Friday, September 23, 2005 4:09 PM
To: Kim Howard
September 23, 2005
City Council of Kenai
To Whom It May Concem:
Thank you for the opportunity to lay out my plans for the 135 N. Willow Street property. First and
foremost we are a car rental and leasing company. We are currently operating out of the Kenai airport
without facilities for service or detailing of our fleet of cars. There are no facilities available at the
airport at this time. Budget takes great pride in customer service, and feels that without a service facility
that we will fail at meeting our customer service goals. We feel that the Willow Street shop will meet
our needs. Budget plans to paint and remodel the interior of the building as well as clean and paint the
outside. Furthermore we intend to add new lighting, signs and black top. Within the first 5 years of our
lease we plan on building a private hanger and tie down area for our private plane. This will help us
meet the intent of the lease by providing airport related activity at 135 N. Willow Street.
Sincerely,
Tony Stanley
9/23/2005
ASSIGNMENT OF LEASE
This assignment is entered into between Timothy J. and Linda J. Mitchell, P.O. Box
1218, Kenai, Alaska 99611 (Assignor) and Budget Rent a Car of Anchorage, 802 Gambell Street,
Anchorage, Alaska 99501 (Assignee).
Assignor does hereby assign and transfer all of his interest in the leasehold estate as
evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded April
20, 1976, at Book 94, Page 339, Kenai Recording District, and covering the following-described
.property:
Lot 5, Block 5, General Aviation Apron Subdivision, according to Plat No. 73-68;
to Assignee to have and to hold the same from the date hereofi for and during all of the
remainder yet to come of the term of said Lease Agreement.
Assignee agrees to comply fully with all the terms and provisions of the Lease, and to
hold the Assignor harmless from any liability arising thereunder.
day of
IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this
,2005.
ASSIGNORS:
By:
By:
Timothy J. Mitchell
Linda J. Mitchell
ASSIGNEE:
Assignment of Lease - Page 1 of 3
By:
Budget Rent a Car of Anchorage
Name & Title
(If Lessee is a Corporation)
ATTEST:
Name
Title
STATE OF ALASKA
THIKD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of ,2005, TIMOTHY J.
MITCHELL, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary and authorized execution of
the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
STATE OF
)
)ss
)
THIS IS TO CERTIFY that on this., day of ,2005, LINDA J.
MITCHELL, 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 immanent.
Notary Public for
My Commission Expires'
Assignment of Lease- Page 2 of 3
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of , ,2005,
(Name), (Title) of
, 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 Corporation.
Notary Public for Alaska
My Commission Expires'
Remm to: City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611
Assignment of Lease- Page 3 of 3
nal
Municipal Airport
Memorandum
To:
Charles M. Kopp- Acting City Manager
From:
Date:
Rebecca Cronkhite- Airport Manager ~0__
September 29, 2005
Subject:
Garrison Corp. dlbla Budget Car Rental to Budget Car Rental
Attached is a letter from Bonnie Koerber, President of Garrison Corporation, d/b/a
Budget Car Rental stating her desire to assign her lease to Budget Car Rental of
Anchorage.
The lease states "the lessee with City's prior written consent, which will not be
unreasonably denied, may assign, in whole or part, its rights as lessee hereunder."
Timely approval of this assignment enables Budget to provide seamless service to their
Kenai customers.
As of September 29, 2005, all property and sales taxes due are in compliance.
If Council approves the assignment, a Consent to Assignment can be executed.
Attachments
www. KenaiAirport. com
6ABBISONf BP./BU
PO BOX 267, ~ Add~ Line 2 ~i KENAI, At. ASKA 99611 ~ Count~
Phone 907-283-45~ $ Fax 907-283-~
September 29, 2005
REBECCA CRONKI-HTE
AIRPORT MANAGER
KENAI MUNICIP~ AIRPORT
DEAR BECKY;
IT IS MY INTENTION TO ASSIGN MY CAR-RENTAL CONCESSION LEASE, CURRENTLY LrND~
GARRISON CORI~RATION DBA/BUDGET RENT A CAR OF KENAI TO CORPORATE SALES &:
LEASING INC., 802 GAMBELL STREET, ANCHORAGE ALAS~ 99501. Tills Will, NOT CHANGE FROM
BUDGET RENT A CAR OF KEN~. IT IS OBVIOUS ~THAT I'M FINDING IT HARDER EACH WINTER FOR
MY PRIVATE FRANCHI~ TO COMPE'rE WITH THE LARGER CORPORATE OWNED FRANCHISES.
PLEASE SUBMIT THIS LETTER IN THE CITY COUNCEL PAC'KET FOR REVIEW. I AM HOPEH/L TO BE
ABLE TO ASSIGN Tills LEASE BY OCTOB~ 15, 2{R}5. I AM ASKING FOR A FAVORABI~_ VOTE FROM
THE COUNCIL. i'D APPRECIA~ ANY ASSI~FANCE IN 'I'IHS MA~
BONNIE KOERBEI~ PRESIDENT
GARRISON CORI~ATION
dlm/BUIXiET RENT A CAR OF KENAI
ASSIGNMENT OF LEASE
This assignment is entered into between Garrison Corporation, d/b/a Budget Car Rental,
305 N. Willow, Suite 118, Kenai, Alaska 99611 (Assignor) and Budget Rent a Car of'Anchorage,
802 Gambell Street, Anchorage, Alaska 99501 (Assignee).
Assignor does hereby assign and transfer all of his interest in the leasehold estate as
evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded March
16, 2000, at Book 00578, Page 0430339, Kenai Recording District, and coveting the following-
described property:
Counter space # 19, first floor; Terminal Building, Kenai Municipal Airport,
within the NW ¼, SE ¼, Section 32, T6N, R11 W, S.M., AK
to Assignee to have and to hold the same from the date hereof, for and during all of the
remainder yet to come of the term of said Lease Agreement.
Assignee agrees to comply fully with all the terms and provisions of the Lease, and to
hold the Assignor harmless from any liability arising thereunder.
day of
IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this
,2005.
ASSIGNOR:
By:
Artha L. Koerber, President
ASSIGNEE:
By:
Budget Rent a Car of Anchorage
Name & Title
Assignment of Lease - Page I of 2
(If Lessee is a Corporation)
ATTEST:
Name
Title
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of ,2005, Artha L. Koerber,
President, of Garrison Corporation, 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 corporation.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of.. ,2005,
(Name), . (Title) of
, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execmion of the foregoing insmnnent on behalf of said Corporation.
Notary Public for Alaska
My Commission Expires:
Return to: City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611
Assignment of Lease - Page 2 of 2
KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www. ci.kenai.ak.us
MEMORANDUM
TO' Mayor Pat Porter and Councilors
FROM: ~'~g Cary R. Graves, City Attorney
DATE' September 30, 2005
RE' Separation and General Release Agreement- Linda L. Snow
Attached is a Separation and General Release Agreement between the City of Kenai and Linda
L. Snow. Under the agreement, the total amount to be paid Ms. Snow is $23,444.72. If
approved, the money to be paid Ms. Snow will be transferred from the City Manager salary
account to the City Manager miscellaneous account for payment to her.
Please let me know if you have any questions.
CRG/sp
Attachment
SEPARATION AND GENERAL RELEASE AGREEMENT
THIS SEPARATION AND GENERAL RELEASE AGREEMENT(hereinafter
"Agreement") is entered into by the CITY OF KENAI ("Kenai"), 710 Fidalgo Avenue,
Kenai, Alaska 99611 and LINDA L. SNOW ("Snow"), 21675 S.E. 271st Street, Maple
Valley, WA. 98038.
RECITALS
he
Snow was employed by the City of Kenai in the position of City Manager
from July 16, 2001 until July 16, 2005.
Be
Both Snow and the City of Kenai wish to enter into an agreement to resolve
any continuing obligations of the parties to one another following the end of
their employment relationship.
AGREEMENT
Ie
In consideration of the release contained herein, within ten (1 O) days of the
effective date of this Agreement, Kenai shall pay Snow a lump sum payment of
$17,862.62. Payment shall be made by direct deposit to Linda L. Snow's account at the
Denali Alaska Federal Credit Union in Anchorage, Alaska.
Snow and Kenai agree that the payment made under this paragraph by Kenai to or
for the benefit of Snow is not required by Kenai's policies or procedures, or by any
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 1 of 9
contractual obligation of Kenai, and is offered by Kenai and accepted by Snow as
complete consideration for Snow's execution of this Agreement and Release.
II.
Return Transportation
Within ten (10) days of the effective date of' this Agreement, Kenai shall pay Snow
a lump sum payment of $5,582.10 for reimbursement of return transportation. Payment
shall be made by direct deposit to Linda L. Snow's account at the Denali Alaska Federal
Credit Union in Anchorage, Alaska.
Snow and Kenai agree that the payment made under this paragraph' by Kenai to or
for the benefit of Snow is not required by Kenai's policies or procedures, or by any
contractual obligation of Kenai, and is offered by Kenai and accepted by Snow as
complete consideration for Snow's execution of this Agreement and Release.
III.
Upon the request of the City of Kenai or its attorney, Snow agrees to cooperate
with, to assist with and to participate in both ongoing and potential furore litigation in
which Kenai is or may become involved and in which Kenai may require Snow's
assistance, participation or cooperation. Should Kenai request Snow's assistance,
participation or cooperation with any litigation involving Kenai, it will reimburse Snow
·
for all out-of-pocket expenses which Snow incurs as a result of that participation,
assistance, or cooperation.
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 2 of 9
IV.
Snow expressly waives any claims of any sort whether asserted or unasserted,
mature or to mature in the furore against the City of Kenai or any of its current or former
employees, agents, officers, Council members, elected officials, mayors, directors,
attorneys, trustees, administrators, or vendors that Snow possesses or might possess
arising out of or relating in any way to Snow's employment with the City of Kenai. It is
understood that this release includes, but is not limited to, any claims for wages,
attorney's fees, costs, bonuses, pensions, remm transportation, employment benefits, or
damages of any kind whatsoever arising from assertions of the following potential claims:
personal injury; intentional and/or negligent infliction of emotional distress; defamation;
interference with business opportunities; misrepresentation or fraud; invasion of privacy;
breach of express or implied contract; breach of the covenant of good faith and fair
dealing; wrongful discharge; retaliatory discharge; employment discrimination based
upon sex, race, color, age, religion, national origin, marital stares, pregnancy, parenthood,
disability, or any other protected stares; violation of the Age Discrimination in
Employment Act of 1967; violation of Title VII of the Civil Rights Act of 1964; violation
of the Americans with Disabilities Act; violation of the Older-Workers Benefit Protection
Act of 1990; violation of the Employee Retirement Income Security Act; any other legal
limitation on the employment relationship; or any other local, state or federal law or
SeparatiOn and General Release Agreement
Linda L. Snow/City of Kenai
Page 3 of 9
regulation.
This Agreement and Release does not in any way preclude either party from filing
a lawsuit for the purpose of enforcing their fights under this Agreement. In addition, this
Agreement and Release does not apply to or encompass or affect any fights or claims that
either party may have which arise or may arise out of any conduct, act, or event which
occurs or may occur after the date of this Agreement.
The City of Kenai covenants to forever refrain from instituting, maintaining,
pressing, collecting or in any way aiding and proceeding upon, and releases, forever
discharges, and indemnifies (including the reasonable cost of defense) Snow from and for
any and all claims, demands, debts, damages, injuries, actions or fights of action of any
nature whatsoever, whether known or unknown, which Kenai or any of its current or
former employees, officers, directors, Council members, elected officials, mayors,
attorneys, agents, or vendors had, now has or may have against Snow, from the beginning
of Snow's employment to and including the date of this Agreement, as a result of, or
arising out of, any matter related to Snow's employment with Kenai except as provided
herein.
Vie
Kenai and Snow agree and acknowledge that the consideration received by each
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 4 of 9
for this Agreement in support of all the provisions contained herein and for the execution
hereof shall constitute full payment, satisfaction, discharge, compromise and release of
and from all matters for which the other party has mutually released it herein.
Kenai and Snow understand that the nature and/or extent of any claim which
either might have may substantially change or worsen in the furore, and it is each party's
intent to unequivocally release and discharge the other from any and all claims, accrued
or which may accrue in the furore as a result of, in connection with, or related to Snow's
employment. In this connection, Kenai and Snow acknowledge that each is aware of the
case of ~itt v. ~atkins, 579 P.2d 1065 (Alaska 1978). Kenai and Snow also
acknowledge their familiarity with the decision in Young v. State, 455 P.2d 889 (Alaska
1969) and that each party to this Agreement waives any protection of its holding. All
individuals or entities, which could, at any future date, be possible defendants in any
action arising out of these matters, are released fully as though they are specifically listed
and named in this Agreement.
Kenai, its Council Members, Mayor, executives, department heads, officers and
employees shall not release information in Snow's personnel file or any records which
relate to Snow's employment performance or separation from employment except: a) the
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 5 of 9
dates of Snow's employment; b) positions held; c) rate of compensation; d) information
authorized by written consent of Snow; and e) as required by law.
Additionally, in response to prospective employers, Kenai, its Council Members,
Mayor, executives, department heads and officers shall not discuss any information which
relates to Snow's employment performance or separation from employment except: a) the
dates of Snow's employment; b) positions held; c) rate of compensation; d) information
authorized by written consent of Snow; and e) as required by law.
IX.
Kenai and Snow agree the terms of this Agreement shall become effective and
enforceable seven (7) days from the date Snow provides the City of Kenai or its Attorney
with this Agreement executed by Snow, if not otherwise revoked by Snow.
Xe
Snow acknowledges that she was given at least twenty-one (21) days after receipt
of this document during which to consider this Agreement, and she has consulted her
attorney prior to signing it, and that she signed it only after careful consideration and
analysis. It is Snow's intention to fully waive any claims arising out of the Age
Discrimination in Employment Act, along with all other claims.
XI.
Nothing in this Agreement shall constitute or be deemed to be an admission of any
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 6 of 9
fault, allegation, duty, responsibility, or liability on the part of any party to this
Agreement.
XII.
Kenai and Snow acknowledge that each has enjoyed the advice and representation
of competent independent legal counsel in negotiating, entering into, executing, and
delivering t. hisAgreement; and the fact that this Agreement may have been drafted in
whole or in part by one such party's counsel shall not cause all or any part of this
Agreement to be construed against such party.
Kenai and Snow represent and agree, in good faith, to do all things necessary and
convenient to effectuate, consummate and perform the terms and intent of this
Agreement.
Kenai and Snow acknowledge and agree that this Agreement shall be binding upon
each party and its representatives, successors and assigns and shall inure to the benefit of
each party and its representatives, successors and assigns.
XV.
Kenai and Snow acknowledge and agree this Agreement contains the entire
agreement of the parties pertaining to the subject matter contained in it and supersedes
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 7 of 9
and is in lieu of any and all other employment arrangements, statements of promises,
written or oral, between Snow and Kenai.
Kenai and Snow understand and agree this Agreement cannot be amended,
modified or supplemented in any respect except by written agreement executed by the
parties.
XVII.
Kenai and Snow acknowledge and agree that the fights and obligations of the
parties to this Agreement shall be governed by and construed in accordance with the laws
of the State of Alaska. Kenai and Snow further agree that any litigation relating to this
Agreement will be brought only in the State of Alaska, Third Judicial District at Kenai.
XVIII.
In the event that any provision or part of this Agreement is deemed invalid by a
court of competent jurisdiction, the remainder of the Agreement shall be considered to
remain effective, valid and legally binding.
This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, and said counterparts shall constitute but one and the same
instrument which may be sufficiently evidenced by one counterpart.
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 8 of 9
EMPLOYEE
DATED:
Linda L. Snow
CITY OF KENAI
DATED:
Charles M. Kopp, Acting City Manager
ATTEST:
Carol L. Freas, City Clerk
Approved as to form:
Cary R. Graves, City Attorney
Approved by Finance:
Lawrence A. Semmens, Finance Director
Separation and General Release Agreement
Linda L. Snow/City of Kenai
Page 9 of 9
KENAi, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www. ci.kenai.ak, us
MEMORANDUM
TO:
FROM:
DATE:
Mayor and Council Members
Carol L. Freas, City C~
September 29, 2005 ~
WORK SESSION.. PAUL GRAY~ "EXPLORING KENAF
In talking with Paul Gray to learn when he would be available for a work session to
review "rough cut" footage he has accumulated for inclusion in the Exploring Kenai
presentation, he noted he would be available on the following dates-
October 24, 25, 27, 28, 31
November 2 (6'00 p.m., prior to council meeting)
Does council want to schedule a work session with Paul Gray on one of' the
above dates~
Exploring Kenai
A Communi Boo,,-. ,-,,--
· . . . tv . ~,o~=u onow
Commercial F~sh~ng, D~pnethng, 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 Explo#ng 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 Kamn Berriochoa at (907)335-0069
Exploring Alaska Television Show
35555 Kenai Spur Highway # 232 Soldotna, AK 99669
(907)262-9008 ExploringAlaska.com
October 200§
MEET'J:N SCHEDULE
2 3 4 5 6 7 8
CITY/BOROUGH City Council Council on
ELECTION Meeting, 7p, Aging,
Library Commie- Council Senior Center
sion, 7p, Coun- Chambers Parks & Recre-
i~ ! cji Chambers at]on Commie-
I sion, 7p, Coun-
cil Chambers
9 10 I I I 12 13 14 15
Harbor Commie-t Beautification Planning & Airport Commis-
sion, 7p, Coun- Committee, 7p, Zoning Commis. sion, 7p, Coun-
cil Chambem Council sion, 7p, Coun- cji Chambem
Clmmbem cil Chambers
Alaska D City Council
HOUDA~f/CITY Meeting, 7p,
OFFICES Council
Chambers
;
,
23 24 25 26 27 28 29
,~y.~,/,~// Planning&
/~~~/,,) Zoning Commis.~
sion, 7p, Coun-
~ cil Chambem
30 31
' septem~ November
,S,,,M T WT F S , S M T WT F S
I 2 3 ' I 2 3 4
' 4 5 6 7 8 9 I0 6 7 8 9 I0 I! 12
i 11 12 13 14 15 16 17 13 14 15 16 17 18 19
' 18 19 20 21 22 23 24 20 21 22 23 24 2~ 26
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November 2005
MEET'J:N6 SCHEDULE
October
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Harbor Commis-
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14
20 21 22
27 28 29
1
Ubrary Commis-
sion, 7p, Coun-
cil Chambers
Beautification
Committee, ?p,
Council
Chambers
2
City Council
Meeting, 7p,
Council
Chambers
Council on
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Senior Center
Parks & Recre-
ation Commis-
sion, 7p, Coun.
cji Chambem
9 I0
Planning & Airport Commis-
Zoning Commis. sion, 7p, Court-
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cil Chambers
16
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Meeting, 7p, :~-~m '7
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Zoning
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Aging, M ~
! Novcmi~r 05 , , Janua~ 06 , Senior Center
S M T W T F S S M T W T F S Parks&Recre-
I 2 3 4 5 I 2 3 4 5 6 7
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27 28 29 30 29 30 31
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sion, 7p, Court- Meeting, 7p, sion, 7p, Coun-
i cil Chambers ~ Council cil Chambers
Chaml3ers
II 12 13 14 15 16 17
Harbor Commis- Beautification Planning &
sion, 7p, Court- Committee, 7p, Zoning Commis
cil Chambers Council sion, 7p, Coun-
Chambers cil Chambers
18 19 20 21 22 23 / 24
City Council
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Council
Chambem
25 26 27
ChrlStllla~// 2~ 29 30 31
Planning &
HOMDAYIC~Y Zoning Commis
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KENAI, ALASKA
MEMO:
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
Telephone: 907-283-7535/FAX: 907-283-3014 '111t'
1992
TO:
Mayor and Council
FROM'
DATE.
Charles M. Kopp, Acting City Manager
August 16, 2005
SUBJECT: Capital Improvement Plan
The FY2006 Designated Legislative Grants to the City of Kenai, and subsequent
discussion of various capital improvement project needs, has highlighted a real need for
our city to have a formalized Capital Improvement Plan. With current oil prices not
expected to drop significantly in the near future, it is probable the State of Alaska will
again have revenues available in FY2007 for designated legislative grants.
Kenai, like most Alaska communities has a lot of capital projects that are in various
stages of conceptual, p,lanning, design and construction. Some projects that are
.significantly planned lack local or other funding. Others are only partly planned, or are
In a conceptual stage. We need to determine evaluative criteria for which projects are
urgent, essential, necessary, desirable, acceptable and deferrable.
This will help determine answers to the questions of which projects are urgent, which
ones are important but can wait, does the cost outweigh benefits, can we afford the
project now (later or never) and where will the money come from. These are a sampling
of questions we must answer when planning projects for the future of Kenai.
When a project is not well defined, budgeted or scheduled, much inefficiency occurs:
project focus is lost, funding oppommities are missed and community frustr;tions begin
to manifest. The City of Kenai needs a project implementation plan to organize and
establish the feasibility of projects, and to establish project priorities. We need a formally
adopted Capital Improvement Plan.
A capital improvement plan (CIP) is a long term guide for determining and guiding
capital project expenditures. It provides a prioritized list of capital projects envisioned by
a community for future development, and a plan that integrates the timing of project
expenditures within the city's annual budget. A well prepared CIP has other important
benefits'
1. Anticipates community needs in advance of them becoming critical;
2. Ranks capital improvement needs so that the most important projects are given
consideration for funding before less urgent projects;
3. Determines maintenance and operation costs so that these expenses are budgeted
(conversely, projects with O & M costs that are too high may be eliminated fi'om
consideration);
4. Provides a written description and justification for projects submitted for state and
federal funding enabling the political representatives and public agencies to have
the information needed to make decisions 'about funding capital projects;
5. Provides the basis for capital projects as part of the annual budget.
The CIP should cover a term of 5 - 6 years. Anything longer may distract from the CIP's
utility. We want to include projects that can be well defined today and preclude projects
that are not realistic, or are just wishful thinking. I would plan to coordinate our CIP with
our City's Comprehensive Plan.
The State of Alaska defines a capital project in AS 37.07.120(4) as-
An allocation or appropriation item for an asset with an anticipated life
exceeding one year and a cost exceeding $25,000. O0 and includes land
acquisition, construction, structural improvement, engineering and design
for the project, and equipment and repair costs.
It is important that we define a capital project in a similar way to eliminate projects from
the CIP considemtion that are maintenance related or routine responsibilities of City
departments. In order.,t9 be effective, the development and adoption of a CIP must
involve the entire community. It must become policy.
According to Council' direction, I will work with administration to develop and submit a
draft CIP development action plan that will outline the general guidelines, organization
and development schedule to be presented to Council for approval.
The concept CIP will be distributed to various advisory boards, and be scheduled for a
public work session. The City Clerk would be provided blank project nomination
worksheets for the public to recommend a project to the CIP. Following public work
session(s), the administration would bring a draft CIP to Council and incorporate further
recommendations into the CIP.
I would envision a possibility of one more public work session after Council review and
commentary on the draft, followed by presentation of the Final CIP to Council for
adoption and implementation.
KENAI. ALASKA
210 Fidalgo Avenue, Kenai, Alaska
1992
MEMO:
TO: Mayor and Council
FROM: Charles M. Kopp, Acting City Manager
DATE.
August 16, 2005
SUBJECT: Capital Improvement Plan
The FY2006 Designated Legislative Grants to the City of Kenai, and subsequent
discussion of various capital improvement project needs has highlighted a real need for
our city to have a formalized CapJtal Improvement Plan. With current oil prices not
expected to drop significantly in the near future, it is probable the State of Alaska will
again have revenues available in FY2007 for designated legislative grants.
Kenai, like most Alaska communities has a lot of capital projects that are in various
stages of conceptual, planning, design and construction. Some projects that are
significantly planned lack local or other funding. Others are only partly planned, or are
in a conceptual stage. We need to determine evaluative criteria for which projects are
urgent, essential, necessary, desirable, acceptable and deferrable.
This will help detemfine answers to the questions of which projects are urgent, which
ones are important but can wait, does the cost outweigh benefits, can we afford the
project now (later or never) and where will the money come from. These are a sampling
of questions we must answer when planning projects for the future of Kenai.
When a project is not well defined, budgeted or scheduled, much inefficiency occurs:
tPomject focus is lost, funding oppommities are missed and community frustrations begin
manifest. The City of Kenai needs a project implementation plan to organize and
establish the feasibility of projects, and to establish project priorities. We need a formally
adopted Capital Improvement Plan.
A capital improvement plan (CIP) is a long term guide for determining and guiding
capital project expenditures. It provides a prioritized list of capital projects envisioned by
a community for future development, and a plan that integrates the timing of project
City of Kenai
Capital Improvement Program
Tentative Schedule
October 5, 2005
October 10 - November 10, 2005
> 10/6- Council on Aging
:> 10/6- Parks & Rec.
> 10/10 - Harbor
> 10/11 - Beautification
> 10/12- P&Z
> 10/13 - Airport
> 11/1 - Library
November 9, 2005
November 16, 2005
December 7, 2005
December 21, 2005
Draft CIP Plan to Council '
Committee & Commission'
Reviews
Planning & Zoning Commission
Public Work Shop
Council Review- Final Draft
ClP Plan Introduced at CounCil
Council Adopts Plan
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title:
Project Description:
Project Justification:
Estimated Project Costs:
Construction or purchase cost:
Annual maintenance and operation cost:
Other major cost items:
Estimated Effects on Municipal Budget:
!
Recommended Funding Sources:
KENAI. ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
1992
2005 PROJECT NEEDS ASSESSMENT SCHEDULE
U=Urgent:
The project cannot be reasonably postponed
because it is necessary to correct a condition
dangerous to public health, safety, or welfare -or-
The project is required to maintain a critically
needed prOgram-or-
The project is required to meet an emergency
situation.
E=Essentiai:
N=Necessary:
D=Desirable:
A=Acceptable:
DF=Deferrable:
The project is required to complete or make fully
useable a major public improvement -or-
A "Desirable" project that pays for itself.
Projects which should be carried out within a few
years to meet clearly anticipated needs -or-
Projects that will replace unsatisfactory or obsolete
facilities -or-
Projects to remodel existing buildings.
Adequately planned projects that could expand
existing programs or initiate new ones -or-
Projects that convert existing facilities to other uses.
Adequately planned projects that could be postponed if
budget reductions are necessary, without detriment to
present operations.
Projects that should definitely be postponed or
eliminated from the current capital program since the
overall need for the project is questionable, adequate
planning has not been done, or timing is wrong.
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: City of Kenai Maintenance Shop Site Remediation
Project Description: The city maintenance shop area has been identified as a
contaminated site. The project will remove and treat contaminated soils, install sewers to
transport floor drainage and domestic waste to the city sewer system, and remove other
sub-surface materials for proper disposal. Various site investigations have been prepared
and a work plan for cleanup is being prepared. Other funding has also been applied for.
Project Justification: We have spent several years preparing studies, installing
monitoring wells, collecting samples and miscellaneous work. ADEC has requested that
actual remediation work begin. Some of the cleanup standards have become less
stringent, making it a good time to begin. Cleanup of this site will also lessen future city
financial unknown liabilities.
Estimated Project Costs:
Construction or purchase cost: $1,000,000
Annual maintenance and operation cost: $10,000
Other major cost items: Unknown
Estimated Effects on Municipal Budget: The initial cleanup will be costly and could
affect future budgets depending upon funding sources. The cleanup, however, will
remove a large potential financial liability as noted in recent audits. An on going cost for
long term monitoring and testing will be required.
Recommended Funding Sources: Alaska Legislative Grant (current available funds),
ADEC Matching Grant (applied for), ADEC loan, City General Fund, Special Revenue
Funds.
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: Kenai Vehicle Maintenance Facility
Project Description: The project would construct a new 24,967 Square foot vehicle and
equipment maintenance building. The facility would have three new equipment/vehicle
maintenance bays, a welding area, wash bay, tire area, offices, rest rooms, parts storage,
building maintenance shop area, miscellaneous storage, etc. A preliminary design has
been prepared, with a cost estimate prepared from schematics in 1998. The project costs
reflect anticipated cost increases to 2006. This project could be scaled down in size
and/or redesigned to achieve cost savings.
Project Justification: The present original shop facility was constructed in the 1960's
and has been added on to with building additions and connexes over the years. This
facility is too small and inadequately equipped to maintain the city vehicle, heavy
equipment, and small equipment fleet. Some of the larger equipment will not fit into the
building and lack of space does not allow for efficient maintenance. The building.does
not have a modem washroom and substandard electrical and mechanical systems.
Estimated Project Costs:
Construction orpurchase cost: $4,500,000
~4nnual maintenance and operation cost: $100,000
Other major cost items: Equipment included-some existing equipment to be
moved from existing facility.
Estimated Effects on Municipal Budget: An increase in the City General Fund budget
should be expected commensurate with other buildings of this size. Personnel additions
are not expected initially.
Recommended Funding Sources: City General Fund, grants, Special Revenue Funds
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: Kenai Community Library Renovation/Addition
Project Description: The project adds 4043 square feet at ground level for a new
children's/juvenile area, restrooms, and elevator to the 3222 square feet second level,
which would be unfinished space usable for storage and possibly other activities. A
portion of the existing building will be renovated to create a new Librarian office and
workroom, and reception area. Future phases would have the ability to finish the upper
level and add another 3092 square feet at ground level. Schematic level design drawings
and a cost estimate were completed in early 2002.
Project Justification: (Completed by Librarian and Library Commission)
Estimated Project Costs:
Construction or purchase cost: $1,900,000
~4nnual maintenance and operation cost: $20,000-50,000
Other major cost items: Furnishings
Estimated Effects on Municipal Budget: The City General Fund would increase for
maintenance and operations approximately proportional to the increase in square footage
for the building. Some increase in revenues may be seen through increased user fees.
Recommended Funding Sources: City General Fund, any combination of grants
available, and Friends of the Library funds.
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: City Hall HVAC Improvements
Project Description: Kenai City Hall construction was completed in 1981. The current
HVAC system does not provide adequate heating capacity under winter conditions or
cooling capacity under summer conditions. Also, air exchange standards are not being
met by the existing system for an office environment. In 2001 an analysis of the system
was prepared outlining recommendations for improvements. A cost estimate was also
prepared and engineering plans developed.
Project Justification: Proper control of the HVAC system to provide uniform heating
and ventilation is a constant challenge with the present system. The lack of air
conditioning and proper temperature control requires the use of several fans during
summer months and individual employee unit heaters in the winter to provide a suitable
working climate. Proper air exchange and filtration are also questionable in today's
office working climate.
Estimated Project Costs:
Construction or purchase cost: $150,000
Annual maintenance and operation cost: minimal
Other major cost items: unknown
Estimated Effects on Municipal Budget: Initial improvements would impact the
General Fund. On going maintenance and operation should be minimal, or reduced, due
to a more efficient system.
Recommended Funding Sources: General Fund, grants
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: Public Safety Garage
Project Description: Enclose, insulate, and provide minimal heat in the existing carport
at the Public Safety Building. Automatic doors with remote actuation and personnel
doors would be installed where necessary.
Project Justification: During the winter months, police vehicles sit outside under the
carport or in the open parking area. In order to have vehicles respond expeditiously to
calls, they should be kept warm and frost-fi'ce. Many times during cold weather, officers
must keep their cars running while in the station in order to be ready if called.
Estimated Project Costs:
Construction or purchase cost: $100,000
Annual maintenance and operation cost: $2,000-3,000
Other major cost items: Unknown
Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance cost
increase.
Recommended Funding Sources: General Fund, grants
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: City Storage Facility
Project Description: A combination heated/unheated city storage facility. Each city
department would have a heated, secure area for storage, and another outside covered
area for storage of vehicles, small equipment, and miscellaneous items.
Project Justification: Several city departments are in need of storage. This facility
would provide the additional needed storage, especially leading up. to our surplus auction.
We also have high value vehicles, small equipment, and miscellaneous supplies that are
in the weather year around.
Estimated Project Costs:
Construction or purchase cost: $300,000
Annual maintenance and operation cost: $3000-$5000
Other major cost items: unknown
Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance cost
increase.
Recommended Funding Sources: General Fund.
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: Senior Center Garage
Project Description: Construct a heated garage at the Senior Center to house the Senior
Program vehicle fleet.
Project Justification: The City currently has five vehicles used in the Senior Program.
No indoor, heated space is available to store these vehicles; consequently they are
exposed to the weather and risk being vandalized.
Estimated Project Costs:
Construction or purchase cost: $250,000
Annual maintenance and operation cost: $3000-5000
Other major cost items: Unknown
Estimated Effects on Municipal Budget: Minimal yearly utility and maintenance cost
increase.
Recommended Funding Sources: General Fund, grants
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: Playground Renovation
Project Description: Reolace play equipment and construction of walkway for ADA
Project Justifwation: Much of the play ecluioment is becoming outdated and should
Estimated Project Costs:
Construction or purch~e cost: $225~000
A#nual maintenance and operation co, t: $1~000
Other major' cost items: -
Estimated Effects on Municipal Budget: Should be a savinps over the long term
Recommended Funding Sources: Legislative, LWCF, General Fund
·
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title:
Kenai Outdoor Sports Complex
Project Description: Development of approximately 55 acres of raw property_ for a
soorts complex to include: four (4) l~ittle/Sr l~eague baseball fields~ three (3)
l,ittle l~e~_gne softball fieids~ one (1) storaee facili .~., one (1) concession facili~ two
(2~restrooms~ irrigation we!!s~ play area and campground. ,, ,
Project Justification: To create a sports complex al! contained within, one area ghat
will attract multiple tournaments, inner-leaaue olay and family gatherings
throughout the summer month~ Consolidation of sports fiehis into on~ area would
assist our maintenance efforts ~s well.
Estimated Project Costs:
Construction or purchase cost: 2.0 Million Construction Cost
Annual maintenance and operation cost: $20~000
Other major cost items: $60~000 mower and $10~000 sprinkler equipment
Estimated Effe~ on Municipal Budget: Complex would necessitate hirint~ ......
additional oersonnei to handle routine bah field maintenance~ turf mowing and
routine park ma_intenan_ee~
Recommended Funding Sources: $500~000 Land & Water Conservation Fuml
& 1.5 million General Fund~ l~gi.qlative.~
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title:_
Project Description:
This project will accomplish the design and construction of treatment upgrades at
Wellhouses 1, 2, 3, and 4 to reduce arsenic, manganese, iron, and color to below the
MCLs. Wells 1, 2, and 3 were constructed in 1970, 1978, and 1997 before an arsenic
MCL reduction was foreseen. The components of the system upgrades may include
tanks for multimedia filtering, storage, and surge/backwash, pumps, chemical injection
pumps, electrical control panels, air blower units, flow meters apparatus, and SCADA
controls. Building add-ons would be required. The primary concern at WH 2 is color
(from orgainics) which may require a sewer line or settling lagoon for backwash water.
Project Justification:
If the upgrades are not completed, the city's municipal water supply will exceed the new
Maximum Contaminant Level, MCL, for arsenic in public drinking water effective in
2006. The arsenic levels found to date exceed the new MCL of 0.01 mg/l: Well 1 ~
0.02 mg/1, Well 3 ~ 0.026 mg/1, and Well 4 (not in service) ~ 0.038 mg/1. Secondary
standards which will also continue to be exceed the MCL's are Manganese (0.076 rog/l,
mci 0.05), Iron (.41 mg/1, mci 0.30 mg/1), and color (71 color units, mci 15). ~
Estimated Project Costs:
Construction or purchase cost: $ 2~455~000
,4nnual maintenance and operation cost: $ 24~000 -
Other major cost items: -
Ill
Estimated Effects on Municipal Budget:. It would increase the Water and Sewer
Recommended Funding Sources: 50% or $1~227~500 from AI)F.C Municipal
Keith Komelis
September 21, 2005
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: New Exit Road for the Kenai Boating Facility
Project Description:
This project is to construct a new road from the Boating Facility east to Bridge
Access Road.
Project Justification:
Personal dip net fishermen from all over the state use the Boat Launch Road,
parking lot, and launch ramps. Over 15,000 dip net permits for households are
issued each year, and over 100,000 fish are caught in this Kenai River fishery. The
City Boat Facility handles a lot of this fishery. This project will improve the traffic
pattern and the overall operation of the Boating Facility.
At times, the line of vehicles with boats or trailers extends down Boat Launch Road
almost to Bridge Access Road. This presents many problems of access on this
narrow road. Users often have to exit the facility and drive down Bridge Access
Road to find a place to turn around and then back to Boat Launch Road to get in
line to retrieve their boats. A new one-way exit from the facility would allow users
with their boats to exit directly or allow vehicles with a trailer to make a loop to the
line on Boat Launch Road to retrieve their boats.
Estimated Project Costs:
Construction or purchase cost: $ 300~000
~4nnual maintenance and operation cost: none
Other major cost items:
Estimated Effects on Municipal Budget.. none
Recommended Funding Sources: .Ci .ty General Fund (From the revenue
received from the dip net fishing parking and launch fees.)
Keith Komelis
September 21, 2005
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Pro[ect Title: Mommsen Subdivision-Street, Curb & Gutter, and tFater
Improvements
Pro]ect Description:
,
New pavement with curbs and gutters for:
First Street and Second Street between California Avenue and Florida Avenue
California Avenue and Florida Avenue
Replace existing old small asbestos water mains with new water main lines.
Project Justification:
_
The streets and curbs and gutters in this section of Mommsen Subdivision are
falling apart. They are past the point of repair and must be completely replaced.
The water system in Mommsen was small community system that was turned over
to the city. The mains are small and the pipes are old asbestos cement. They break
very easily and need to be replaced.
Estimated Pro[ect Costs:
Construction or purchase cost: $ 500~000
,4nnual maintenance and operation cost: Reduction of resent costs.
Otker major cost items:
Estimated Effects on Municipal Budget: Upgrading the streets and water system
would reduce the existing maintenance costs.
Recommended Fundin Sources:
State of Alaska
City of Kenai
Keith Komelis
September 21, 2005
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title:
Surface Drainage Improvements
Project Description:
This project is to replace infiltration basins with underground storm drains and/or
improve the infiltration basins, if possible. The streets that we have had problems with
include Lake Street, Windward Drive, Equinox Way, Inlet Woods Drive, Channel Way,
Woodside Avenue, Toyon Way, Pine Avenue, and others.
Project Justification:
The topography of large areas within the City of Kenai is rather flat which has caused
many drainage problems. Instead of constructing miles of expensive storm drains and
dealing with fi'eezing lines and possible lift station problems, the city built many
infiltration basins. The surface water collects at these infiltration basins and dissipates
into the ground. Unfortunately, during certain times of the year these infiltration basins
will not take all of the water. This happens when the ground is frozen around the basins
and we have heavy rains. It also happens when the ground water table is high and
therefore cannot except any more water. We then have flooding is the low spots near the
basins.
Estimated Project Costs:
Construction or purchase cost: $ 375~000
Annum maintenance and operation cost: Reduces existing costs
Other major cost items:
Estimated Effects on Municipal Budget: Reduces time and expense on existing
budget.
Recommended Funding Sources: State Direct Legislative Budget
City of Kenai General Fund Budget
Keith Komelis
September 21, 2005
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Pro]ect Title.'_ Chip and Seal Pavement Upgrades
Proiect Description:
Chip and Seal Coat of existing paved streets in:
Old Town
Central Heights Subdivision
Inlet View Subdivision
Redoubt Subdivision
Woodland Subdivision
Pro]ect Justification:
The last time the city seal coated these streets was 1988. The streets in these
subdivisions need chip and seal coat improvements to extend the life of the
pavement.
Estimated Pro[ect Costs:
Construction or purchase cost: $ 550~000
,4nnual maintenance and operation cost: .... Reduction of present costs.
Other major cost items:
Estimated Effects on Municipal Budget: Upgrading these streets would reduce the
existing maintenance costs. -
Recommended Fundin Sources: . State of Alaska
City of Kenai
Keith Komelis
September 21, 2005
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Proiect Title: Wildwood Drive and Highland Subdivision Pavement Replacement
Pro]ect Description:
New pavement for: Wildwood Drive
Silver Salmon Drive and King Salmon Drive in Highland Subdivision
Proiect Justification:
Wildwood Drive and Silver Salmon Drive and King Salmon Drive in Highland
Subdivision are falling apart. They are past the point of repair and must be
completely replaced.
Estimated Pro]ect Costs:
Construction or purchase cost: $ 600~000
Annum maintenance and operation cost: Reduction of present costs.
Other major cost items:
Estimated Effects on Municipal Budget: Upgrading these streets would reduce the
existing maintenance costs.
Recommended Funding Sources:
State of Alaska
City of Kenai
Keith Komelis
September 21, 2005
CITY OF KENAI
PROJECT NOMINATION WORKSHEET
Project Title: ._Kenai Erosion Control and Coastal Trail Construction
Project Description:
This project is to construct a multi-purpose erosion control structure and trail that
will run for approximately one mile along the base of the Kenai bluffs. Preliminary
planning suggests armor rock and riprap for erosion control with a coastal trail on
top. It will begin at Kenai Avenue, at the mouth of the Kenai River, and progress
along the riverbank to a new trailhead and parking area located just off Bridge
Access Road.
Project Justification:
This erosion control project will provide needed relief to the City from the ongoing
erosion of the bluff and associated property losses including roads, water, sewer,
storm drainage, and land. The trail will provide a scenic walkway within the City of
Kenai with easy, safe beach access down the bluff at several locations. A scenic
estuary area will be crossed with a bridge, and periodic ramps and rest areas along
the trail will provide handicapPed accessibility and opportunities for wildlife
viewing.
Estimated Project Costs:
Construction or purchase cost: $14~000~000
Annual maintenance and operation cost: $20_.~a9~O00 -
Other major cost items:
Estimated Effects on Municipal Budget: Maintenance and clean up costq in operatin~
the trail lus an rock re lacement. '
Recommended Funding Sources:
10% Ci of Kenai-- $1400 000
Keith Komelis
September 21, 2005
September 19, 2005
To:
The Honorable Pat Porter
Mayor, Kenai
From: Robert J. Watkins
Kenai
Re:
Resignation of Airport Commissioner Position
Please accept my resignation fi'om the Airport Commission. I have enjoyed serving on
the commission, but due to changes in my work schedule, I no longer have adequate time
to contribute to the Commission's work.
I sincerely hope the Airport Commission will continue to focus on ways to encourage
general aviation activities at the Kenai Airport. I believe a simplified leasing process for
airport lands will help facilitate an increase in general aviation activities.
Thank you once again for the oppommity to serve the city of Kenai through participation
in the Airport Commission.
Sincerely,
Robert J. Watkins
5~_~'. 3. E003 1: 54PM PARKER & ASSOC 1'19. I el P. 1/1
CITY OF KENAI
"Village with a past-- City with a~u~."
DATE:
BACKGROUND Am) PBBffg3~gAL DATA -
C.&HDIDATES FOR APPOIFrwnt~jT COMlku'z-r~ AND
COMMISSIONS
NAME:
Resident of the CltF of Ke--t?.
Residence Address
~faili~ Address
Hcnne Fax No.
Business Fax No.
EMPLOYER:
,rob Title
NAME OF SPOUBF~
Current membership in o _r~__~l_~_~_fl~ /~ ~/~
i
, i
Past orgy_ -,~_ tioml membersMp8:
,
WHAT BAi3EFd~UND, ~ OR Ci~DEHTIALS DO YOU POSSESS TO BRinG TO THE BOARD,
eOM _M~___q!_ON OR ~ Mlt*lw~_mm~rr~
DATE:
CITY OF KENAI
"Village with a past -- City with a future.
BACKGROUND AND PERSONAL DATA -
CANDIDATES FOR APPOINTMENT COMMITTEES AND
COMMISSIONS
RECEiVF".
"'~~: ~ KENAI C~RK
EMPLOYER:
· · ·
Resident of the City.of Kenal? long?
Residence Address
Marling Address ~ '
Home Fax No.__ Home *elephqne No
-- .y .......
Business Fax No. '--------- Business Telephone No 7¢CJ:~,~._it ~ ~ -
NAME OF SPOUSE: ~
Current membership in organizations:
_Email Address: -
Job Title
Past organizational memberships:
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU WANT TO BE INVOL~D WITH THIS COMMISSION OR COMMITTEE?
"Village with a past--City with a fitture."
KENAI. ALASKA
NAME: Larry_ E. Porter
Resident of the City of Kenai?
Yes
BACKGROUND AND PERSONAL DA -TcA~.~
CANDIDATES FOR APPOINTMENT COMMITTEES
co ,ss,o s
Date: September 29, 2005 I '
How long? 36 years
Residence Address 310 Rogers Road. Kenai, Alaska 99611
Mailing Address Same
Home Fax No.
Business Fax No.
Home Telephone No. 283-4348
Business Telephone No.
Email Address: LEP9932~hotmail.com
EMPLOYER: Retired/Phillips Petroleum
Job Title
NAME OF SPOUSE- Patricia Porter
Current membership in organizations:
..Pilot Association (APOA) ..
Medallion Foundation and the Airlines Owners and
Past organizational memberships: American Petroleum Institute, various youth
organizations.
_
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
Airport Commission or Planning .and Zoning . .
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
To ensure development at the Kenai Airport continues to.~ow in a professional organized manner. To
help guide the airport towards it's full potential
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO
THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ~.
· .
I was employed by phillips Petroleum, for over 30 years. Retired ~s the plant superintendem with
extensive management experience in office management and human resources. I currently h01d a
commercial, multi-engine, instrument, and float pl_ane certificate from the FAA. My plane has been
parked at the Kenai Airport since the opening of the float plane b~sin. All the services I have needed to
maintain and fuel the plane have been obtained at the airport.
Signature
CITY OF KEN
"Village with a past- Cffy with a future."
BACKGROUND AND PERSON~ DATA -
CANDIDATES FOR APPOINTMENT COMMITTEES AND
COMMISSIONS
RETURN TO:
KEHAI crl~ CLEIt~
210 FIDALGO AVENUE
KENAI, AK 99611
(..~_~q~ PHONE: 283-7535, EXT. 231
Resident of the City. of Kenai?. ~J O
- _ .................. How
ResidenceAdd~en-'~O~,-~~~"~ '~i _~, ~,,~, Ni~'~t i.~,,. ~ ~ ~~
Home F~ No. -. ' ~ t ,/1/__Home Televhone No.5~~--' 7~ 0~
Business F~ No. ~ ~ - ~ ~'~1 , _ Bus~e~ Telephone No ~ ~ -~'3~ ~
.... Emil Address: ~ --
May we ~clude yo~ c~~t ~o~fion on o~ web ~ge? ~L y~f not ~, what ~o~~on ~y we
~clude?
Past organfntional memberships: ~- '
Richard Barry Eldridge
2679 Bowpicker Lane
Kenai, AK 99611
283-7152
Mayor Pat Porter
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Subject: Period of Absence
Dear Mayor Porter,
21 September 2005
This letter is to officially inform you of a trip that I will be taking over these next two
th
months. I am scheduled to leave Kenai on the 26 of September for a ministry trip with
our pastor to various cities in Argentina for a one month period. Upon returning to the
states Matra and I will be visiting relatives and friends in Arizona and New England and
will return to Kenai on Thanksgiving Day.
Although I will miss four of the Planning and Zoning Commission meetings I desire
to continue as a commissioner and have discussed my absence with Marilyn and with
Chairman John Hammelman and they would like to see me continue as a commissioner
as it does take some period of time to bring someone up to speed on the commission.
I did want to bring you up to speed on where I'll be during the next few meetings and
ask that you consider this a special type of absence and allow me to remain on the
Commission. Thank you for your consideration.
le
CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
September 28, 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 unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
e
*APPROVAL OF MINUTES:
a. *September 14, 2005
3. SCHEDULED PUBLIC COMMENT:
) 4. CONSIDERATION OF PLATS :
Se
PUBLIC HEARINGS:
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 from 4/13/05.)
6. OLD BUSINESS:
7. NEW BUSINESS:
a. PZ05-55 -An application for development in the Townsite Historic Zone for the property
known as 1002 Mission Avenue (Lot 16, Block 5, Original Townsite of Kenai).
Application is for a building permit for the structure located at 1002 Mission Avenue.
Application submitted by Klauder & Company Architects, Inc., 606 Petersen Way,
Kenai, Alaska.
b. PZ05-56 (PZ98-45)---A request for transfer of Conditional Use Permit PZ98-45 (Lodging
and Guide Service) from James H. Cowan to Clinton A. & Delores A. Coligan for the
property described as Lots 4 & 5, Anglers Acres Subdivision, Part 3 (1035 & 1045Angler
Drive), Kenai, Alaska. Transfer requested by Clinton A. & Delores A. Coligan, P.O. Box
4300, Soldotna, Alaska.
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
a. Pending Code Violations
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (9/10/05)
b. Board of Adjustment Decision- Krein~oyle
13. COMMISSION COMMENTS & QUESTIONS'
14. ADJOURNMENT:
CITY OF KENAI
PLANNING/h ZONING COMMISSION
CITY COUNCIL CHAMBERS
SEPTEMBER 28, 2005 - 7:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MINUTES
ITEM 1.
_
CALL TO ORDER
Chairman Hammelman called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confu'med as follows:
Commissioners present:
Commissioners absent:
Others present:
J. Hammelman, P. Bryson, J. Twait, N. Amen, and C. Glick
B. Eldridge, J. Barrett
Mayor Pat Porter, Councilman Ross, City Planner
Kebschull, Department Assistant Carver, and Contract
Secretary 13. Roper
A quorum was present.
X-bo
Agenda Approval
Chairman Hammelman moved Item 11, Persons Present Not Scheduled to follow Item
2 in order to accommodate Mayor Porter's request to address the Commission.
MOTION:
Commissioner Bryson MOVED to approve the agenda as amended and adding the lay
down items (maps of Millennium Square) provided before the meeting. Commissioner
Twait SECONDED the motion.
VOTE:
Eldridge Absent Amen Yes l%_rrett Absent
[ Glick Yes
MOTION PASSED UNANIMOUSLY.
X-ce
Consent Agenda
MOTION:
Commissioner Bryson MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. Commissioner Click SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 2-
,APPROVAL OF MINUTES -- September 14, 2005
Approved by consent agenda.
ITEM 11'
PERSONS PRESENT NOT SCHEDULED
Mayor Porter reported she attended a workshop in Washington, DC and a gentleman
told her about a book entitled "Boomtown USA." Porter purchased the book and was
very excited in that it could be an excellent tool in moving the City of Kenai forward by
making positive changes. She noted the City Council was provided with a copy and
she thought the Planning & Zoning Commission would enjoy it as well. Porter loaned
several copies of the book to the Commission.
Mayor Porter thanked the Commission for their input in the commission and
committee meeting discussions and noted a new ordinance may be forthcoming which
would provide for excused absences, alternates, etc.
ITEM 3-
SCHEDULED PUBLIC COMMENT -- None.
ITEM 4:
CONSIDERATION OF PLATS -- None.
ITEM 5- PUBLIC HEARINGS
PZ05-16 -- An application to rezone the area known as Tract C,
Daubenspeck PropertT 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 from 4/13/05.)
City Planner Kebschull reviewed the staff report included in the packet and noted the
following:
· The item was reviewed by the Commission in April and it was postponed
at that time to await a recommendation from the Airport Commission.
Nothing changed with.regard to the staff report and it was agreed the
suburban residential zone would not fulfill proposed development of the area.
· The lay down items provided before the meeting indicated examples of
the development concepts the Airport consultants provided. The schematics are
grandiose but do provide a general idea of what could go in the area.
· Work had not been completed on the mixed use zone overlay, however,
this could be appropriate for the zone.
· The Commission requested to change the zone to general commercial.
Hammelman opened the public hearing. There were no public comments and the
public hearing was closed.
MOTION:
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 28, 2005
PAGE 2
Commissioner Amen MOVED to table PZ05-16 until it is resurrected by staff.
Commissioner Glick SECONDED the motion.
Commissioner Bryson noted, if action were taken on the issue it would still be on the
same reheahng schedule when the mixed use zone was established and tabling the
issue would be appropriate at this time.
Kebschull noted if the mixed use zone would be approved, a rezone would not be
necessary because the mixed use would overlay the zone.
VOTE:
Eldridge
[ Glick
Yes I Bryson
Absent Amen
Yes
Yes
Yes
Barrett
lYes
Absent
MOTION PASSED UNANIMOUSLY.
ITEM 6:
OLD BUSINESS-- None.
ITEM 7:
NEW BUSINESS
7-8,.
PZ05-55 -- An application for development in the Townsite Historic Zone
for the property known as 1002 Mission Avenue (Lot 16, Block 5,
Original Townsite of Kenai). Application is for a building permit for the
structure located at 1002 Mission Avenue. Application submitted by
Klauder &, Company Architects, Inc., 606 Petersen Way, Kenai, Alaska.
Kebschull reviewed the staff reporting, noting:
· The Commission is required to review all building permit applications for
properties in the Townsite Historic Preservation Zone.
· The application, submitted by Klauder & Company on behalf of the
Kenaitze Indian Tribe (KIT}, was requesting several interior improvements to the
building currently being utilized as their senior center.
· Staff recommended approval as the work would not impact the historic
integrity of the property.
· Mr. Mishou from KIT was available to answer any questions.
Bryson asked when KIT would need the facility and Kebschull. indicated it was already
being utilized and a building permit was on f'de.
MOTION:
Commissioner Bryson MOVED to approve PZ05-55 and Commissioner Twait
SECONDED the motion.
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 28, .2005
PAGE 3
VOTE:
Hammelman
Eldridge
[ Glick
Yes
Absent
Yes
Bryson
Amen
Twit
Yes
Yes B__mTett
lYes
Absent
MOTION PASSED UNANIMOUSLY.
7-b.
PZ05-56 (PZ98-45) -- A request for transfer of Conditional Use Perm/t
PZ98-45 (Lodging and Guide Service) from James H. Cowan to Clinton A.
& Delores A. Coligan for the property described as Lots 4 & 5, Anglers
Acres Subdivision, Part 3 {1035 & 1045 Angler Drive}, Kenai, Alaska.
Transfer requested by Clinton A. & Delores A. Coligan, P.O. Box 4300,
Soldotna, Alaska.
Kebschull reviewed the staff report included in the packet, noting:
· The permit had been in Mr. Cowan's name since 1988.
· Coligan operated the business for several years.
· After Cowan's death Coligan purchased the business.
· The applicant submitted a transfer request during a certification review
last year and the transfer request was overlooked. The action was basically a
housekeeping item.
· Nothing will change with the permit except for the name and the Code
allows for the transfer as long as it continues to operate under the conditions set forth.
· Staff recommended approval.
MOTION:
Commissioner Glick MOVED to approve PZ05-56.
the motion.
Commissioner Amen SECONDED
VOTE:
Hamme!man Yes Bryson lYes'
Eldridge Absent Amen Yes
[ Glick Yes
Twait Yes
Barrett Absent
MOTION PASSED UNANIMOUSLY.
ITEM 8:
PENDING ITEMS- None.
ITEM 9' CODE ENFORCEMENT
Pending Code Violations
Kebschull noted Department Assistant Carver was present and she prepared the
report included in the packet. Kebschull also noted the City lost their Code
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 28, 2005
PAGE 4
Enforcement Officer this past summer, however, funds had been made available for
another position and would operate under the Police Department. Kebschull added,
recruitment was underway.
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the agenda for Council's
September 21, 2005 meeting was included in the packet.
10-b. Borough Planning -- Commissioner Bryson reported he did not attend
the Borough Planning meeting on September 26, 2005 but would get answers to any
questions the Commission might have.
10-c.
Commission.
Administration -- Kebschull reported the following:
There will be an ordinance on vacant buildings coming before the
· The City Council will be reviewing the Capital Improvement Projects Plan
at their next meeting and if approved, the Planning & Zoning Commission will review it
at their October 12th meeting. A public hearing will also be held.
ITEM 12:
INFORMATION ITEMS
12-a.
12.b.
Zoning Bunetin (9 / 10 / 05)
Board of Adjustment Decision - Krein/Doyle
ITEM 13'
COMMISSION COMMENTS/h OUESTIONS
No comments.
ITEM 14:
_
ADJOURned?
MOTION:
Commissioner Amen MOVED to adjourn and Commissioner Glick SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7'30 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
PLANNING & ZONING COMMISSION MEETING
SEPTEMBER 28, 2005
PAGE 5
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
OCTOBER 5, 2005
,
· 9 / 27 / 05 Public Works Department, Project Status Report.
.
Section 36 Soccer Park/FinE Drawing.
,
9/26/05 K. Ritchie, AML memorandum regarding 55th Annual Local
Government Conference in Anchorage, November 9-11, 2005.
.
9/26/05 AML Board of Directors Official Notice regarding proposed changes to
the AML By-Laws and Articles of Incorporation.
e
Board of Adjustment Decision/Appeal of James A. Krein to Granting an
Amendment to a Conditional Use Permit of Patrick J. Doyle.
,,
8/30/05 D. Borut, Ex. Director, National League of Cities (NLC) letter
congratulating the City of Kenai for its 30 years of membership and
participation with the NLC.
o
9/30/05 KH memorandum related to the 2005 Foreclosure Sale.
Project status Report
A/NC/F/ City Contact Project Name
STF
A JL -
Airport Security Fencing
A=Active
NC=Non-Construction
F:Future
STIP=State Trans. Imp
Status
Check list items.
KK - Keith Ko
JL- Jack La Shot
RS - Robert Springer
MK - Marilyn Kebschull
Jet - Jan Taylor
A JL
Airport Security System
A couple of items- then can closeout
A MK
Airport Supplemental Planning
Assessment
Project awarded to DOWL. Joint Work session
with consultants planned for 9/29. Final sessions
tentatively planned for 11/17 and 11/18.
A JL Airport Taxiway "H" Access
Parking
CO to Terminal project. Utilities being relocated.
A JL
Airport Terminal Modifications
Completion of minor items & change order work.
A JL
Contaminated Soils- Shop
Removed one dirt pile to Airport. Another may be
moved also. Will remove barrels. Grant
application for further funding.
A KK Kenai Boat Launch
Improvements
Received $350,000 grant. Nelson & Associates
are working on the design and Corps permit.
Public comment period over. Waiting for permit.
A KK Kenai River Bluff Erosion
Control Project
The City received the draft technical report from
the Corps dated 8~3~05. Hopefully, the City will
get additional funds to help with the design and
answer any questions from the study and agencies
including obtaining the Corps Permit.
A KK Lawton Drive Water Main WH4
to Swires
Nelson working on design. City is working with
DEC and Corps on permit. Planning to bid for
winter construction.
A JL
Multi-Purpose Facility
Major items complete, except bleachers being
shipped.
Tuesday, September 27, 2005 Page 1 of 3
A/NC/F/ City Contact Project Name Status
A JL Parallel Taxiway Contractor completing Taxiway B for possible
winter shutdown.
A JL
Runway Extension
Environmental Assessment
Proceeding with main list of projects. Document
submitted to FAA. Met with FAA on 9/8/05.
A JL
Runway Safety Zone/Extension
Started preliminary field work and engineering..
A JL Senior Kitchen
Kitchen interior work.
A KK WH 4
Reviewing new EPA guidelines. Working with
DNR on land purchase issues. Evaluating the two
pilot test programs on water treatment. Hired UAA
professor as subconsuitant for water treatment.
West Coast Filters completed a 40-day pilot study
in August/September. Filtronics and Severn Trent
also being considered as treatment companies.
F KK
Ames & Dunes Road
Kenaitze Indian Tribe paving roads with curbs,
gutters, and sidewalks. They are going to send
City a maintenance agreement
F KK
Boating Facility Exit Road
Council has approved the land trade with The
Conservation Fund for the land. Still need to find
funds to construct exit road.
F KK
Culvert Repairs S. Spruce &
Boat Launch Road
Boat Launch Road culvert replacement USFWS
Grant has been received and funds appropriated.
Nelson has completed design. Waiting on DNR
permit and USFWS approval of design. Project
may be underfunded. Still waiting on S. Spruce
culvert repair grant.
F JL
Maintenance Shop
Preliminary plans and specifications complete.
F KK
McCollum & Aliak, Set Net Dr.,
S. Ames Rd., Thompson Park
Subdivision LID's
A public hearing has been set on 11/2/05 for Set
Net Drive Special Assessment District.
McCollum/Aliak has submitted a new petition for
paving.
Tuesday, September 27, 2005
Page 2 of 3
STIP KK
DOT- Bridge Access Pathway
status
Pathway along Bridge Access Road from K-Beach
to Spur 3.3 miles... Project in environmental
assessment. Design scheduled FFY08.
Construction after FFY09.
Tuesday, September 27, 2005
Page 3 of 3
"fi/life with a past, ity with a
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 29, 2005
Kenai Soccer Fields Property Map
Attached is a property map of the Kenai Soccer Fields as requested by Kenai City Council. The
7' earth berm was of particular interest and is depicted by the shaded area northeast of the fields.
Once again, the residents on Evergreen Subdivision desired such a berm in addition to the buffer.
Earth berms are fairly common landscape practices when attempting to create interesting
landscapes, increase aesthetics, or difft~e sound. Additionally, the berm will be seeded and
trees planted which will create an enjoyable sitting area for spectator use.
Attachment
w~C~
CORTHELL
BRYSON
Consulting Engineers
609 Marine Street
Kenai Alasko 99611
(90'7) 283-4672
CITY OF KENAI
KENAI SOCCER FIELDS
PREPARED BY: V.C.
EXHIBIT "A" PROPERTY MAP
DATE: 9/23/05
7' EARTH BERM
1548.38'
N
9'31" W
GRAPHIC SCALE
1 "=400'
500
699.91' - N33°09'31 "W
Z .
1089046.78 sq. ft
25.00 Acres
IIIIIIIIllllllllllllllllll
IIii1111111111111111111111
1015.47' N 33°09'31" W
KENAI SPUR HIGHWAY
2333.51'
N 33°09'25" W
2333.69'
N 33°09'31" W
To: Mayor and Council/Assembly;
Manager/Administrator, Municipal Clerk
From: Kevin Ritchie, Executive Director
Date: September 26, 2005
Re:
217 Second Street, Suite 200 · Juneau, Alask~
Tel (907) 586-1325 · Fax (907) 463-5480 · wwv,. ...........
,/
~'- ~' ~o ./ /
55th Annual Local Government Conference in Anchorage Nov 9-11
Your attendance will have significant positive impacts for your community. The theme
of the conference is "Communities First." There is gathering, statewide support for re-
instating improved municipal revenue sharing or a "Community Dividend program."
The key goal of the conference is to give municipal leaders the information and tools to
work with the Governor and Legislature to provide local tax relief to all communities,
and to save small remote local governments.
A few other reasons for attending the 55th Annual Local Government Conference:
· Keynote and 3 hour workshop on achieving results with your legislature by
Senator David Landis serving his 7th term in the Nebraska Legislature. He Chairs
the Revenue Committee, and has passed more bills than any other Senator in
Nebraska history. He is also an award-winning teacher and a skilled negotiator in the
public arena. His teaching includes the National Conference of State Legislators
Legislative Staff Management Institute and the Pacific Institute Leadership Program.
A 4 workshop track by the best Alaskan economic development professionals: 1. How a community can successfully plan for Economic Development
2. Best Practices/Successful Economic Development Projects (A survey of
successful economic development projects around the state)
3. Economic Development Finance (A review of funding sources available
for community and economic developmenO
4. The changing landscape of economic development in Alaska, a look a
new initiatives for rural and statewide economic development .
Federal and Foundation Funders Forum' A grant writing and funding forum
during which you will actually write a proposal for funding, then talk to the federal
and private foundation leaders from the appropriate funding agencies.
A Revenue Sharing Rally to kick off the effort to achieve a local tax relief/save
small communities revenue sharing program.
For more information, or to register, go to. www. akml.org
or call AML at 1-877-636-1325
Member of the National League of Cities and the National Association of Counties
217 Second Street, Suite 200 · Juneau, Alasl,
Tel (907)586-1325 · Fax (907) 463-5480 · www~~.~)rg
To: All Municipal Members of the Alaska Municipal League
From:
September 27, 2005
~L Board of Directors
Date'
Re: OF~CI~ NOTICE - Explanation of proposed ch~ges to the AML
and Articles of Incorporation reco~ended by the ~L Bogd of Directors
a vote of the members at the Local Government Conference Nov 9-1
Anchorage.
The President appointed an Articles and By-Laws Committee to report to the Board.
AML By-laws amendments' May be adopted by a two-thirds vote of the AML Board of
Directors, or a two-thirds vote of the municipal memberShip at the annual meeting.
AML Articles of Incorporation amendments: May be amended by a two-thirds vote of the
municipal members at the annual meeting provided that the changes are mailed to the
membership at least 30 days prior to the annual meeting and the proposed amendments are
submitted in writing and read to the delegates on the first day of the conference.
Proposed by the AML Board of Directors:
AML By-laws amendments:
Article II, section 4. AML Board Director Districts - The cities of Cordova, Valdez, and
Whittier are moved from Director District 4 (Mat-Su Borough) to Director District 6 (Denali
Borough, Delta, Nenana, Eagle) due to the fast population growth of the Mat-Su Borough.
(Housekeeping: Director District is capitalized throughout the by-laws and changes in city or
borough name or stares are reflected.) This change will take effect when the term of the
current District 6 Director ends.
Article II, Section 8 Board of Director vacancy- Expands the definition of vacancy to
include "loss of support of their municipality.., or otherwise becomes unable to perform
their duties as a board member." This change primarily recognizes the need for an AML
Board member to have the support of their municipality.
Article V, Section 1 Fiscal year- The AML fiscal year is amended from October 1 to
September 30 (federal fiscal year) to July 1 to June 30, to conform to the State and moSt
municipal fiscal years.
AML Articles of Incorporation:
Article VI, Board of Directors and Officers - The following positions are officially
recognized with ex-officio nonvoting stares on the Board of Directors' Alaska Conference of
Mayors, Alaska Govemment Finance Officers Association, Chair of the AML Legislative
Committee, and Alaska Board of Directors members of the National Association of Counties
and the National League of Cities. The above positions have already been unofficially given
ex-officio nonvoting stares on the AML Board to improve communication and coordination
between municipal interests. Also,. to avoid the need for similar housekeeping by-laws
amendments in the future, the following was added, "The Board of Directors may by
resolution add or remove ex-officio nonvoting positions on the Board of Directors."
Article V, Membership - In the event a member municipality withdraws from AML, the
requirement that "all dues then payable have first been paid" is deleted since this provision
simply cannot be enforced in that situation.
Full changes are posted at www. akml.org. You may call Kevin Ritchie at 1-877-636-
1325 or'email Kevin~akml.org for information, comments to the Board, or questions.
Member of the National League of Cities and.the National Association of Counties
BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI
IN THE MATTER OF THE APPEAL OF JAMES A. KREIN )
TO GRANTING AN AMENDMENT TO A CONDITIONAL )
USE PERMIT OF PATRICK J. DOYLE. )
Case No. BA-05-2 -)
I. DECISION
The appeal is DENIED and the amendment to the permit is granted with these three
additional conditions' 1) The excavation may not penetrate the subsurface clay/silt layer located
approximately 30 feet below the original ground surface. 2) The fence located on the rear of the
site must be repaired prior to any excavation below the ground water table. 3) If fill material is
placed in the pits, it must be fill material originally from this 55-acre site and it must not contain
any "hazardous substances''~
or "industrial waste," "mining waste," "solid waste," or "other
waste.''2
II. BACKGROUND AND PROCEDURAL HISTORY
On May 12, 2005, Patrick J. Doyle (Doyle) filed an application to amend his conditional
use permit for the surface extraction of natural resources to allow excavation below the water
table.3 The permit is for extraction of gravel, i.e. a gravel pit. The permit covers a 55-acre parcel
located at 2369 Beaver Loop Road in Kenai. The Beaver Loop area has six other gravel pits mn
by other operators. Three of the other gravel operators have permits allowing them to excavate
below the water table. The original permit was issued in 1976 to River Bend Sand and Gravel.
In 1985, it was transferred to Doyle after he and his wife purchased the property.
See def'mition of"hazardous substance" in AS 46.03.826(5).
See def'mitions in AS 46.03.900.
KMC 14.20.158(b)
KREIN DECISION Page 1 of 7
Two areas of Doyle's gravel pit were identified in the application. Area 1 has been
previously excavated above the water table. Area 2 has not been excavated.
On June 8, 2005, the Kenai Planning and Zoning Commission held a public hearing on the
amendment application. James A. Krein (Krein) testified against the application. He stated there
are several gravel pits operating in the area excavating below the water table. The homes in the
Beaver Loop area use wells for their drinking water supply. He was concerned about the quality
of water for the residents of the area. He felt that further excavation below the water table could
damage the aquifer by causing contamination to the water and reducing the amount of water
available to the area residents.
Doyle also testified. He stated he would be excavating about six feet and the excavation
would not affect negatively the water table. He said he planned to excavate Area 2 and use that
area for disposing of overburden. Area 1 would be leli as a lake after excavation below the
water table.
The Commission voted four to one in favor of granting the amendment. On June 23,
2005, Krein filed this appeal with the City Clerk.4 The Board of Adjustment held a hearing on
the appeal on August 17, 2005. Four persons testified during the hearing.
Krein testified that he was concemed about contamination of the neighborhood wells in
the Beaver Loop area. He was also concerned that the area has been drying out and was
concerned it might be caused by the gravel pits in the area. He stated there was a need for gravel
and that the pits did service a need in the community.
4 KMC 14.20.290
KREIN DECISION Page 2 of 7
Dave Yragui (Yragui) testified that he did not think the gravel pits would harm the
residential wells in the Beaver Loop area. He stated there was a heavy clay and silt level about
thirty feet below the surface in the area and that the ground water did not penetrate that layer. He
testified that the residential wells in the area were required by the state to be below the clay/silt
layer in order to make sure surface water (and any contamination in the surface water) does not
get drawn into their wells. Because of that he felt the possibility of contamination to the
residential wells in the area was minimal.
Doyle testified that he did not intend to dig through the clay/silt layer. He stated there
could be no contamination to the nearby residential wells because they draw water below that
clay/silt layer and the surface water cannot penetrate through the clay/silt layer.
Mike Ashwell also testified. He also was concerned about contamination of the ground
water if excavation were to go below the clay/silt layer. Additionally, he was concerned about
possible contaminated fill being used in Area 2 for fill and that the quality of the ground water
would be harmed by the excavation in the ground water table. He, like Krein, acknowledged the
need for gravel.
Following the public testimony, the hearing was closed.
III.
STANDARD ON APPEAL
An appeal from the Planning and Zoning Commission is a de novo appeal. The Kenai
Municipal Code states, "The Board of Adjustment may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or detenuination as ought to be made, and to that
KREIN DECISION
Page 3 of 7
end shall have all the powers of the body from whom the appeal is taken.''5 The Board of
Adjustment (Board) need not defer to the findings or decision of the Planning and Zoning
Commission. While the Board may take the concerns of neighborhood property owners into
consideration, it may not base its decision solely on neighborhood support or opposition.6
IV.
DISCUSSION AND FINDINGS
KMC 14.20.158(b) states, "A permit holder may amend his site plan and statements by
filing an application for amendments in writing the administrative official. The Commission
shall approve the application for amendment if the original application would have been
approved had it contained the provisions of the applications for amendment." KMC 14.20.154
contains the requirements for granting an original application for a permit.
Three of the other six gravel pits in the area have received permits to excavate below the
water table. Those pits include lakes as part of their reclamation plan. The original reclamation
plan of Doyle's permit was to develop a residential subdivision. Doyle now seeks to amend his
reclamation plan to include a lake and a residential subdivision.
The previously excavated area, Area 1, has been excavated back to the north property
line. The Kenai Municipal Code requires a 150 foot buffer from adjoining property lines. The
use of this property as a gravel pit, and the excavation up to the north property line, is a non-
conforming use, i.e. it pre-dates the city's assumption of zoning powers and the adoption of the
Kenai Zoning Code.7 Generally, non-conforming uses are not allowed to be enlarged or
increased.8 However, under the "diminishing asset doctrine" as adopted by the Alaska Supreme
,! ,
s KMC 14.20.290(b)(2)
6 Anchorage Coalition v. Coffey, 862 P.2d 168, 172 n. 11 (Alaska 1993)
? KMC 14.20.050
8 KMC 14.20.050(0
KREIN DECISION
Page 4 of 7
Court, excavation down into the'water table would not be considered to enlarge or increase the
non-conformity of the use.9
The property is fenced across the front portion of the lot behind the residential lots.
Additionally, the entrance is gated on the road to the pit. There is a barrier fence on the back
property line. However, it has sustained some damage and needs to be replaced or repaired.
The notice of appeal filed by Krein cited the "potential for the water supply to be
compromised either through turbidity or disruption of flow through the aquifer.''l° (Emphasis
added). The notice further objects to the permit "... because the addendum [permit] as passed
will allow removing the natural filtration and replacing it with overburden which could
potentially harm my or any of the Beaver Loop residential wells.''~
A memorandum submitted .by City Engineer Jack LaShot states that, "Excavation below
the water table has been allowed at other sites in the area, including the pit immediately adjacent
to the west. History does not indicate that groundwater quality has been compromised.''~2
LaShot fi~her states, "It is not expected that groundwater turbidity or flow would be affected at
the nearest possible location of down-gradient residential water wells.''13
While there are statements in the record regarding speculation about the potential for
ground water contamination, we can find no evidence to indicate there either there will be or
even probably will be ground water contamination should the amendment be granted.
Nonetheless, we feel precautions should be taken to minimize such a risk.
9 Stephan and Son, Inc. v. Municipality of Anchorage Zoning Board of Examiners and Appeals,
685 P2d 98, 101-103 (Alaska 1984)
~o Appeal Record at BA-2f
~ Id at BA-2f
~2 Id at BA-2h
~ Id at BA-2h
KREIN DECISION
Page 5 of 7
The Kenai Zoning Code states the amendment should be approved .if, "the original
application would have been approved had it contained the provisions of the application for
amendment." We find that the original application would have been approved if it contained the
provisions of the application for amendment. However, as noted in Section II, above, the Board
has the fight to add conditions to the permit if it feels such conditions are needed. We find that
three additional conditions should be added to the conditions imposed by the Commission.
They are as follows: 1) The excavation may not penetrate the subsurface clay/silt layer
located approximately 30 feet below the original ground surface. 2) The fence located on the
rear of the site must be repaired prior to any excavation below the ground water level. 3) If fill
material is placed in the pits, it must be fill material originally from this 55-acre site and it must
not contain any "hazardous substances''14 or "industrial waste," "mining waste," "solid waste,"
or "other waste." 15
V. CONCLUSION
The appeal of James A. Krein is denied. The amendment to the permit is granted.
However, the additional three conditions noted above are added to the conditions imposed on the
amendment by the Planning and Zoning Commission.
DATED this 16th day of September 2005.
,,
14 See definition of"hazardous substance" in AS 46.03.826(5).
15 See definitions in AS 46.03.900.
~IN DECISION
Page 6 of 7
Pat Porter, Chair
Joe Moore, Vice-Chair
Linda Swamer, Board Member
CliffMassie, Board Member
Rick Ross, Board Member
James Butler, Board Member
DISSENT
I respectfully dissent from the decision of the majority. While I agree that the three
additional conditions imposed by the Board are necessary, they do not mitigate the problem
raised by Krein and Ashwell regarding the drying out of wetlands in the area. Their testimony
indicates the gravel pits in the area have caused some of the nearby wetlands to dry up. It
appears granting the amendment to allow excavation below the water table in this case will
worsen the problem. Because of that I cannot find the "need for the particular resource within
the City of Kenai outweighs any detrimental effects the operation may have on surrounding
property owners," as required under KMC 14.20.154(a)(9). I would, therefore, grant the appeal
and reverse the decision of the Planning and Zoning Commission to allow excavation below the
water table.
Blaine D. Gilman, Board Member
NOTE: This decision constitutes a final order under Alaska Appellate Rule 602. An
appeal of this decision to the Superior Court must be filed within thirty days (30) days of
the date of this decision.
KREIN DECISION
Page 7 of 7
of opportuni~
leadersh/p, and
governance.
o..,anal League
o f Cities
7307 Pennsylvania Ave., N.W.
Washington, DC 20004-7763
202-626-3000
Fax: 202-626-3043
www. nlc.org
200~ Officers
Pres/dent
Anthony A. Williams
Mayor
Washington, DC
First Vice President
James C. Hunt
Councilman
Clarksburg, West Virginia
Second Vice President
Bart Peterson
Mayor
Indianapolis, Indiana
Immediate Past President
Char/es Lyons
Ar' Selectman
~ssachusetts
~utive Director
Donald J. Borut
August 30, 2005
The Honorable Patricia A. Porter
Mayor
City of Kenai
210 Fidalgo Ave Ste 200
Kenai, AK 99611-7750
Dear Mayor Porter:
Congratulations! Your city has reached an important milestone: 30 years of
membership and participation with the National League of Cities (NLC).
We are delighted to present the enclosed certificate honoring thc City ofKenai's
participation with NLC. Over the years, your elected officials have worked hard,
sharing their leadership, knowledge, skills, and experience in a variety of events
and activities on behalf of the National League of Cities.
It seems like only yesterday that the City of Kenai first joined NLC. Since that
time August 1, 1974, your city has faced many challenges that have changed the
way it does business and serves its citizens. But in keeping with the mission of
the National League of Cities---to strengthen and promote cities as centers of
opportunity, leadership, and governanc¢_~ has remained active, demonstrating
exemplary service in and a commitment to fulfilling our goals.
We look forward to your continued involvement, and we thank you again for
your support on behalf of al/cities, towns, and villages in our great nation. If
you have any questions, please contact
mail at glostcr~nlc.org. Lorraine G/oster at 202-626.3190; or e-
Warmest regards,
Donald j. Borut
Executive Director
Enclosure
PastPr~si#ent~: Keren Anderson
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league of Cities and ro;:~-. ~'"'-r~s · Wcki. earn-- ;;'-. e~Je~' 'e,an ~. O'Neill; ....... ~a~, ~{or,da · John OeSt~n
Colum '"' ~n~as 8~e -,~ ,v,uyor ~a~m¢on M~ch ~ .c.man Ph~ladel hm · mayor New Haven
~. bia, South Carolina.~ ...... wag, ~utive Direc -,' ....... , ' i~n. p,}; ;;; ' _ P '_, Pennsylvani;-;~ ': ' _ ,~onn~icu,. ~- . ....
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R~l~ Pa~r · E ......... '"m'. Council Memb ......... ~. embe~ Sparks N;va ..... ~' Do.i. ~ede, - ...... , . ~e, No~h Carolina. ' , ' 'de, California. ~
'"~. --oou~on Council.. ~ ...... ~, ~u,umous, Uhio · Ted T.a..~_ .. "~ uoug ac~ Mayor ~.~ ...... ' .... ~uc ~eminole Flori ~ · · ..... ~oe Moore, Alderman · o~ep~
' ~,, ~ummous, Ueomia .... -.o, ~ayo[ Ame. ~ ........ ~ 2 ..... ,urn, minois · U~ .... ~.. d. ,m~ nile~ Uounci~ ~ ..... , Chicago, Illinois · Ed
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KENAI, ALASKA
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone' (907) 283-7535 / Fax' (907) 283-3014
www. ci.kenai.ak.us
Memorandum
Date:
To:
From:
REe
September 30, 2005
Charles M. Kopp, Acting City Manager
Kim Howard, Assistant to the City Manager
2005 Foreclosure Sale
Seven of sixty-seven lots were sold by sealed competitive bid at the 2005 Land Foreclosure
Sale on September 23rd. Eleven bids were received. All were cash sales for a total of
$14,923.96. Sale costs of $150 were included in the minimum bid. Taxes owed to the
Borough in the amount of $6,539.02 will be paid from the proceeds of the sale. The properties
that sold are as follows'
3907028 2602 Redoubt Ave Carl F Ahlstmm S/D LS0 B9 $641.00 $2,754.00
3913119 1013 Fourth St Mommsens S/D Replat of Add. 1 & 2, L6 B2 $1,482.00 $1,783.00
3913120 1011 Fourth St Mommsens S/D Replat ofAdd. 1 & 2, L5 B2 $1,319.00 $1,620.00
3913121 1009 Fourth St Mommsens S/D Replat ofAdd. 1 & 2, L4 B2 $1,319.00 $1,620.00
3913122 1007 Fourth St Mommsens S/D Replat ofAdd. 1 & 2, L3 B2 $1,319.00 $1,620.00
3913123 1005 Fourth St Mommsens S/D Replat of Add. 1 & 2, L2 B2 $1,359.00 $1,660.00
4913014 ~3920 Togiak St. L1, B1 Thompson Park SD Addn #1 $3,378.001 $3,866.96
Totals . $10,817.00 $14,923.96:
~ AGENDA
'~, ~--~ENAI CITY COUNCIL- REGULAR MEETING
~~..~'~.~ OCTOBER 5, 2005
.-- ~__~' 7:00 P.M.
~Ty KENAI CITY COUNCIL CH AMBERS
~.m.~uts~ http://www.ci.kenai.ak.us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Larry Lewis, Alaska Department of Fish & Game -- USFW/Private
Stewardship Grants Program -- Human/Bear Cohabitation
2. F. DeWayne Craig -- Water/Sewer Assessments, Bluff View
Condominiums, 406 S. Forest Drive.
3. Gayle Robinson--Intergenerational Projects (Senior High School
Students/Elders).
ITEM F: PUBLIC HEARINGS
1. Ordinance No. 2'124-2005 --Increasing Estimated Revenues and
Appropriations by $6,388 in Two Senior Citizen Funds.
2. 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).
ITEM H: OLD BUSINESS
ITEM I: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $2,500
3. *Ordinance No. 2126-2005 --Increasing Estimated Revenues and
Appropriations by $2,043.75 in the General Fund for a Grant From the
Rasmuson Foundation Art Acquisition Initiative.
4. *Ordinance No. 2127-2005 --Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund for Shop Repair and
Maintenance.
5. Approval -- Assignment/Amendment of Lease/Timothy & Linda
Mitchell to Budget Rent a Car of Anchorage, Lot 5, Block 5, General
Aviation Apron.
6. Approval -- Assignment of Lease/Garrison Corp. d/b/a Budget Car
Rental to Budget Car Rental of Anchorage.
7. Approval -- Separation Agreement with Linda L. Snow.
8. Discussion--
a. Schedule Work Session/Paul Gray--"Exploring Kenai."
b. Confirm October 25, 2005 Work Session/Airport Supplemental
Plan.
9. Discussion -- Capital Improvement Project Draft Plan
EXECUTIVE SESSION -- None Scheduled.
ITEM N: ADJOURNMENT.
The public is invited to attend and participate. Additional information is
available through the City Clerk's office at 210 Fidalgo Avenue, or visit our
website at http://www.ci.kenai.ak.us.
Carol L. Freas, City Clerk D546/211
MAKE 27 PACKETS
COUNCIL PACKET DISTRIBUTION
I COUNCZL MEE'r]:NG bATE
,.
Mayor/Council Attorney ~ Ta~,lor/$prin~er/Kebschull
Clerk ~ City Mana~e~ ~' Public Works
Police Department ~ Finance ~ En~inee~
Senior Center Airport ~ Kim
Library '~,Parks & Recreation ~ Clarion
Fire Department × 5chmidt Mellish
VISTA }('Student Rep. KSRM
AGENDA bZSTRZBU~J~ON
Sewer Treatment Plant ,Streets
Shop Dock
Buildin~ Maintenance Animal Control
War er / Sew er Count er
,DELIVER
Council and .Student Representative Packets to Police Department Dispatch desk.
The Clarion, KSRM, Mellish & $chmidt's Office will pick their packet up in my
office. The portion of the agenda published by the Cbrion should be emailed as
soon as possible after Noon on packet day. The came~a-~e~d¥ agenda
c:/myfiles/document$/minutes/agenda form for paper)is emailed to Denise at
Peninsula ~larion (at email folder Work Session/Special Meetings, or Composition in
Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emailed
to me and I hold them in my HTML file. Place them onto the city's website from
there as soon as possible before leaving the office for' the weekend.