HomeMy WebLinkAbout2005-10-19 Council PacketKenai
City Counci i
Meeting Packet
October 19, 2005
AGENDA
KENAI CITY COIINCIL- REGULAR MEETING
OCTOBER 19, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http'//www, ci.kenaj.ak.us
ITEM A:
CALL TO ORDR_~
.
2.
3.
4.
5.
6.
7.
Pledge of Allegiance
Roll Call
CERTIFICATION OF ELECTION
ADMINISTERING OF OATHS OF OFFICE
ELECTION OF VICE MAYOR
Agenda Approval
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:
le
.
SCHEDULED PUBLIC COMMENTS (10 minutes)
Larry Peek, Architect and James McConnell, Project Coord/nator for
Senior Connection, Inc. -- Assisted Living Project Update
Rick Baldwin-- KEDS Update
,
ITEM C:
ITEM D:
ITEM E:
ITEM F:
Sharon Vannatta-- Kenai Community Library/Usage of the Library.
UNSC~D~ED PUuLIC CO_.M~__~.NT~._ (3 minutes)
REPORTS OF KPB ASSEMBLY LF~ISLATORS AND COUNCILS
RE~RTS OF KENAI CONVENTION & VISITORS BUREAU
BOARD AND KENAI CHAMBER OF COERCE
PUBLIC
le
e
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.
.
ITEM G:
,
ITEM H:
ITEM I:
Xe
,
.
,
.
,
ITEM J:
Xe
2.
3.
4.
5.
6.
7.
ITEM K:
ITEM L:
Resolution No. 2005-47 -- Adopting an Alternative Allocation Method
for the FY06 Shared Fisheries Business Tax Program and Certifying that
this Allocation Method Fairly Represents the Distribution of Significant
Effects of Fisheries Business Activity in Cook Inlet.
MINUTF~
*Regular City Council Meeting of October 5, 2005.
OLD BUSnTESS
NEW BUSINESS
Bills to be Ratified
Approval of Purchase Orders Exceeding $2,500
*Ordinance No. 2128-2005 -- Increasing Estimated Revenues and
Appropriationa by $6,200 in the General Fund for a Library Grant.
*Ordinance No. 2129-2005 -- Increasing Estimated Revenues and
Appropriations by $6,555.55 in the General Fund for a Boys & Girls Club
State Grant.
*Ordinance No. 2130-2005 -- Enacting KMC 1.15.130 Entitled,
"Telephonic Participation," Which Allows and Establishes Rule~ for
Council Members to Telephonically Participate in Council Meetings.
Discussion -- Council/Commission Liaison Assignments
Discussion-- 2005 Dip Net Fishery Report
COMMISSION/CO _MM_!TTR~. 1~ ~._PORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
REPORT OF 'THE MAYOR
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M~ DISCUSSION
1. Citizens (five minutes)
2. Council
_EXECUTIVR S~S~ION_ -- None Scheduled
ITEM N:
ADJO~ENT
OCTOBER !9, 200~
REGULAR COUNCIL ME~ING
CHANGES:
REQUESTED
BY:
REPLACEMENT PAGE:
ADDITIONS TO:
I-6, Discussion/Council Liaison Assignments
J-3, Harbor Commission Report -- Application for
appointment to Harbor Commission submitted by
Bill Osbom.
J-6, Planning & Zoning Commission Report --
Application for appointment to Planning & Zoning
Commission submitted by Loft Chase.
L-l, City Manager Report -- Wetland sale
discussion/additional correspondence from
Brad Meiklejohn.
MAYOR
MAYOR
MAYOR
CITY MANAGER
No changes.
CONSENT AGENDA
MAYOR'S REPORT
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CITY OF KENA! ~ 5
REGULAR ELECTION OF OCTOBER 4, 2005
WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the
ballots for the Regular Election of October 4, 2005.
ABSENTEE (in-person, by-fax, personal needs, by-mail) AND
__~~TIO~D BALLOTS RECEIVED
ABSENTEE/__~UESTIONED BALLOTS RF~ECTED
ABSENTEE/_~UESTIONED BALLOTS COUNTED
POLL V__._~OTER TURN OUT
TOTAL_.__~VOTER TURN OUT
NUMBER OF KENAI REGISTERED VOTERS
VOTER TURN OUT
152
1,294
1,481
4,855
3O.50%
CITY COUNCIL/THR~:~.yE_~ S~-ATS:
CANDIDATE
SWARNER, Linda
BOYLE, Michael
BUTLER, Jim
OSBO.______~RNE, John
Write-Ins
POLL
VOTES
RECEIVED
564
475
446
399
14~
ABSENTEE,
ETC. VOTES
RECEIVED
78
47
60
35
TOTAL VOTES
RECEIVED
642
522
5O6
434
17
CITY COUNCIL/ONE, ON~.-Y~_~ S~AT:
CANDIDATE
MOLLOY, Robert
NAVARRE, Timothy__
WALDEN~ Scott
Write-Ins
POLL
VOTES
RECEIVED
528
442
273
3
ABSENTEE,
ETC. VOTES
RECEIVED
44
69
30
0
TOTAL VOTES
RECEIVED
572
511
303
3
Pat Porter, Mayor
Joe Moore, Vice Mayor
Linda Swarner, Council Member
Blaine D. Gilman, Council Member
Richard A. Ross, Council Member
Cliff Massie, Council Member
James N. Buffer, III, Council Member
ATTEST:
Date
Carol L. Freas, City Clerk
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 4, 2005
CERTIFICATION OF RESULTS
ABSENTEE, SPECIAL NEEDS AND (~UESTIONED BALLOTS
WHEREAS, the undersigned judges of City of Kenai Canvass Board for the Regular
Election of the City of Kenai, held on October 4, 2005, do solemnly affmn the results of said
election for absentee, personal needs, and questioned ballots, counted on October 11 2005 as
follows: '
FOR CITY COUNC!L, TWO TIq~'.E-Y~._~R
NAME
BOYLE, Michael F. (Mike)
SWARNER, Linda
OSBORNE, John (Ozzie)
BUTLER, Jim
Write-Ins
NUMBER OF
VOTES
~~-IV~-D
FOR CITY COUNCIl_, ONe_-, ONE-Y~._Iq TEI~M
~BER OF
NAME VOTES
. , ob,
~ WALDEN, Scott !
,[NAVARRE, Timothy (Tim)
[ Write-Ins
REGULAR ABSENTEE, QUESTIOI~D AND PERSONAL NEEDS BALLOTS
Absentee ballots voted:
QueStioned ballots voted:
Personal Needs ballots voted:
Total Ballots Voted:
Rejected ballots:
Not registered, registered too late or
Registered out of the City of Kenai:
Purged from voter rolls:
Ballot envelope not signed or witnessed:
No identifier provided on envelope:
Voted twice:
Signed/witnessed or postmarked after election
day:
Total Ballots Rejected by Canvass Board:
-0-
Absentee ballots counted:
Questioned ballots counted:
//5
·
/t 7
Personal Needs ballots counted:
Total Absentee, Questioned and Personal
Needs ballots counted:
REVIEW OF PRECINCT MATERIALS
The Canvass Board further certifies we have examined in detail all original and questioned
registers for the three polling precincts, AVO's and absentee by-mail of the City of Kena/and
have found them to be in proper order.
Upon completion of the canvass, it is our opinion the attached summary of election returns, as
compiled by the City Clerk, accurately reflects the totals shown on the Certificate of Election
Returns by the election board of each voting precinct and the returns of the absentee,
questioned and personal needs ballots cast in this election.
We, the undersigned, certify the foregoing to be true and accurate to the best of our knowledge
and belief.
Signed and dated
1 lth day of October, 2005.
ATTEST:
Carol L. Freas, City Clerk
C. R. Baldwin
James N. Butler, III
BALDWIN & BUTLER, LLC
ATTORNEYS AT LAW
125 N. Willow Street, Kenai, Alaska 99611
October 19, 2005
(907) 283-7167
(907) 2.83-8435 (Fax)
Kenai City Council
210 Fidalgo Ave.
Kenai, AK 99611
Re: Kenai Branding Campaign
Dear Council Members'
I am writing to you on behalf of the KEDS Action Team, the. organization, formed to
imPlement and facilitate the Kenai Economic Development Strategy ("KEDS"). The City of
Kenai was the guiding organization in bringing to fruition the economic development plan
developed by the KEDS group. One of. the initiatives identified by the Strategy was to grow and
diversify Kenai's tourism industry. Goal number 1 under the strategic plan was to' establish a
city wide collaborative branding campaign.
At the meeting of the KEDS Action Team on October 10, 2005, it was reported that the
CitY of Kenai is in the initial stages of the 'creation of a branding campaign. The KEDS Action
Team unanimously supported a resolution urging the City to move forward expeditiously with
the development of the campaign_.. It is _important that the branding initiative be integrated with
the other initiatives presently under way pursuant to the Kenai Economic Development Strategy
Plan. The KEDS Action Team appreciates the visionary approach to economic development
taken by the City Council and by this letter wishes to lend its support and encouragement for
continuing the momentum of implementing the strategic plan.
Very truly yours,
BALDWIN& BUTLER, LLC
C. R. B aldwi~
CRB/hs
--I
October 14, 2005
Mr. James McConneil
President
The Paladin Group, a Development Corporation
19501 Wingham Circle
Eagle River, AK 99577
RE: KENAI ASSISTED LIVING FACILITY PRESENTATION DOCUMENTS
Mr. McConnell,
The Kenai Assisted Living Facility Project has been under design since August of this year.
The conceptual plans after several design modifications with continual input from the Kenai
Seniors Incorporated are now ready for presentation to the City of Kenai. We are currently
finishing the presentation boards for the assembly meeting scheduled for the 19th of October.
We recommend that we submit plans to the City of Kenai for their review and input and look
forward to incorporating any design changes back into the documents prior to finalizing the
report later this month.
Also we recommend that the surveying and geotechnical information be started as soon as
possible. This way as funding becomes available the project design schedule can be
expedited.
We look forward to our presentation in Kenai, Alaska.
Please call our office at 907.235.7104 if you have any further questions or require additional
information.
Sincerely,
ASCG INCORPORATED
Lawrence H. Peek, AIA
Vice President/Architect
Project Name: Kenai Assisted Living Facility (Phase I)
Project Number: 05010
Estimator: LHPeek
Status: Order of Magnitude (RS Means Adjusted)
Cost per Square Foot: $272.69
Building Square Feet: 15,636
DIVISION 1
DIVISION 2
DIVISION 3
DIVISION 4
DIVISION 5
DIVISION 6
DIVISION 7
DIVISION 8
DIVISION 9
DIVISION 10
DIVISION 11
DIVISION 12
DIVISION 13
DIVISION 14
DIVISION 15
DIVISION 16
General Conditions
Sitework
Concrete
Masonry (none)
Metals
Woods and Plastics
Thermal & Moisture Protection
Doom and Windows
Finishes
Specialties
Equipment
Furnishings (NIC)
Special Construction (none)
Conveying Systems (none)
Mechanical
Electrical
Office Totals:
Total Costs:
Construction Contingency:
Total Construction Costs:
Labor:
$0
Materials: O & P:
$0
$0
10%
Totals:
$607,589
$532,973
$373,081
$0
$106,595
$341,102
$255,827
$287,805
$330,443
$127,913
$106,595
$0
$0
$0
$660,886
$532,973
$4,263,781
$4,263,780.84
$426,378.08
$4,690,158.92
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 woodcandng 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 woodcandng.
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 19t~ day of
October 2005. '
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(09/21/05) hl
Introduced:
Adopted'
Effective'
October 5, 2005
October 19, 2005
October 19, 2005
Convention &
Visitors Bureau, n
October 14, 2005
Honorable Pat Porter, Mayor
Members of the Kenai City Council
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611
Dear Mayor Porter and Members of the Council:
The Kenai Visitors & Cultural Center (KVCC) was invited to apply for funds to acquire
current Alaska artwork through the Art Acquisition Initiative supported by the Rasmuson
Foundation and administered by Museums Alaska. The Art Acquisition Initiative was
established to encourage museums and cultural centers in Alaska to purchase the
original, recent work of accomplished Alaska artists for their collections and to support
living, practicing Alaska artists through those purchases.
It has been the practice of the Kenai Convention and Visitors Bureau to select one piece
of art for acquisition for the Kenai Visitors and Cultural Center's permanent collection
from each year's summer art show. This year the Art Acquisition Initiative allowed the
Board of Directors to acquire two pieces from the show, since the funding is intended to
enhance existing acquisition practices, not replace them.
The piece selected for acquisition through use of Rasmuson funds is
Kathleen Carlo's Ts'aa edenee (The Only People) for $2,043.75. It
was selected because it meets the general mission and specific
goals and cdteda of the Kenai Visitors & Cultural Center. Kathleen is
an Athabascan artist from Fairbanks. Her work shams a similar
material and spiritual culture as our local Dena'ina Athabascan
tdbes. KVCC currently does not have any contemporary art in the
permanent collection from an Athabascan artist. In light of the
museum renovation project to be completed this winter, her work
would fit in well with the new display. Kathleen was one of the first Alaska Native
women to ever get involved with wood carving, a tradition usually reserved for men.
She explains that in the Athabascan culture (which has lost much of its traditional
masks and other material artifacts) them are few remaining pieces to follow, so she is
not limited by tradition. Because of this, her pieces are very contemporary and unique.
Kathleen had four (4) pieces in our exhibit; however, only one was recommended for
www.visitkenai.com
11471 Kenai Spur Hi;ghway · Kenai, Alaska 99611 · (907) 283-1991. Fax (907) 283-2230. E-mail: kenaicv~sitkenai.com
consideration because the other three (3) were either indicative of other areas of Alaska
(i.e. Kodiakand Western Interior Alaska), or above the amount we wero allotted through
this funding opportunity.
Once the piece is purchased, the city of Kenai becomes the owner of the artwork. The
only special condition placed upon the use of these funds is a requirement to lend the
mask to tho Rasmuson Foundation for up to one year after the pumhase. Tho loan
must be made between the Kenai Visitors & Cultural Center and the Rasmuson
Foundation. The Rasmuson Foundation recognizes the need for greatest flexibility in
negotiating loans (regarding timing, security, exhibit conditions, etc.)
To learn more about the Rasmuson Foundation's Art Acquisition Initiative, visit the
Museums Alaska website at http://www, museumsalaska.org/content/art news/.
Thank you,
KENAI CONVENTION & VISITORS BUREAU
Mya Renken
Executive Director
Suggested by:
Adm/-.
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:
Adopted:
Effective:
October 5, 2005
October 19, 2005
October 19, 2005
CiTY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 _ ~
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Charles M. Kopp, Acting City Manager
Jack La Shot, Public Works Manager,S.,
October 13, 2005
Ordinance No. 2127-2005
The referenced ordinance will appropriate $15,000 to the Shop Repair and
Maintenance account. The transmission of a 1988 loader was pulled late in the
last budget period, due to failure. It was determined after pulling the
transmission that the engine should also be rebuilt. Rather than amend the new
budget late in the process, we chose to encumber approximately $28,000 from
the new budget to make the additional repairs. Along with normal repairs, the
account is nearly depleted.
CITY OF KENAI
Suggested by: Admini,,
RESOLUTION NO. 2005-47
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING AN
ALTE~ATIVE ALLOCATION METHOD FOR THE FY06 SHARED FISHERIES
BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD
FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF
FISHERIES BUSINESS ACTIVITY IN COOK INLET.
WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY06
Shared Fisheries Business Tax Program, the municipality must demonstrate to the
Department of Community and Economic Development that the municipality suffered
significant effects during calendar year 2004 from fisheries business activities; and
WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to
eligible municipalities located within fisheries management areas specified by the
Department of Community and Economic Development; and
WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of
Community and Economic Development, of alternative allocation methods which may
be used within fisheries management areas if all eligible municipalities within the area
agree to use the method, and the method incorporates some measure of the relative
significant effect of fisheries business activity on the respective municipalities in the
area; and
WHEREAS, the City Council of the City of Kenai proposes to use an alternative
allocation method for allocation of FY06 funding available within Cook Inlet in
agreement with all other municipalities in this area participating in the FY06 Shared
Fisheries Business Tax Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that by this resolution certifies that the following aJtemative allocation
method fairly represents the distribution of significant effects during 2004 of fisheries
business activity in Cook Inlet.
Alternative Allocation Method:
The program total allocation shall be divided in two parts. One part shall be allocated
to the eligible municipalities equally and the other part according to population.
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: ~~
(10/03/2005) hl
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
OCTOBER 5, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www, ci.kenai, ak. u s
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*Ail items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUBLIC COMMENTS (10 minutes)
,
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.
,
Cvayle Robinson-- Intergenerational Projects (Senior High School
Students/Elders).
ITEM C'
.
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
REPORTS OF KPB ASSEMBLY, LEGISI._&TOI~S AND COUNCIl..__=
ITEM E:
REPORTS OF KENAI CONVENTION & VISITOR~ _nUR~&U
BOARD AND KENAI CHAMBER OF CO_ ~MMm_ RC~
ITEM F:
PUBLIC HEARINGS
lo
Ordinance No. 2124-2005 -- Increasing Estimated Revenues and
Appropriations by $6,388 in Two Senior Citizen Funds.
e
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 (CO).
ITEM G:
MINUTES
.
ITEM H:
ITEM I:
.
e
,
,
,
e
e
,
ITEM J:
,
2.
3.
4.
5.
6.
7.
*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
ITEM K: REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Personnel issues.
ITEM N:
,,,
ADJOURNMENT
KENAI CITY COUNCIL- REGULAR MEETING
OCTOBER 5, 2005
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http;//www, ci.kenai.ak.us
MAYOR PAT PORTER, PRF~IDING
MINUTES
ITEM A:
CALL TO ORDER
Mayor Porter called the meeting to order at approximately 7'00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-X.
PLEDGE OF ALLEGIANCE
Mayor Porter led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were'
Blaine Gilman
Joe Moore
James N. Buffer, III
Cliff' Massie
Pat Porter, Mayor
Rick Ross
Absent was: Linda Swarner
A quorum was present.
Also Present:
Les Krusen, Student Representative
A-3o
AGENDA APPROVAL
Mayor Porter requested the information be included in the packet:
REPLACEMENT PAGE:
I-9, 8/16/05 Capital Improvement Phn
Memo (page 2 was not copied)
ADDITION TO:.
J-2, Airport Commission Report -- Application
To Airport Commission submitted by Cindi
Parsons (ERA Aviation Kenai Station Manager)
MOTION:
Council Member Ross MOVED to approve the agenda as presented and Council
Member Moore SECONDED the motion.
VOTE:
KENAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 2
Gilman Yes Buffer Yes Porter ]Yes
Moore Yes Swarner Absent Massie I Yes
Ross Yes
MOTION PASSED UNANIMOUSLY.
A-4o
CONSENT AGENDA
MOTION:
Council Member Moore MOVED for approval of the consent agenda as presented and
requested UNAI/IMOU$ COl/SENT. Council Member Buffer SECO~ED the motion.
There were no objections. $0 ORDERED.
ITEM B:
SCHEDULED PUBLIC COMMENTS
B-1. Larry Lewis, Alaska Department of Fish/h Game -- USFW/Private
Stewardship Grants Program -- Human/Bear Cohabitation
Lewis §ave an overview of the Alaska Department of Fish & Game's efforts to develop a
proactive wildlife stewardship program, i.e. "Wildlife Conservation Community" for the
City of Kenai. The educational and informational program was developed to encoura§c
better stewardship of wildlife resources (landowner buy-in), safer and cleaner
neighborhoods, which to§ether equal less a§ency time spent dealin§ with nuisance
wildlife and ne§ative human/wildlife interactions.
Lewis added, his department hoped to expand the program with the city and though
there would be no cost to the city, the city would be involved through the enforcement
of city codes and signage. Federal funds were awarded through efforts of the Safari
Club and U.S. Fish & Wildlife Service to purchase bear resistance garbage containers,
signage, etc.
Lewis stated, the intent of their efforts is to partner with the city and requested
council's consensus to go forward with the program.
MOTION:
Council Member Massie MOVED to proceed with the pro~ram and Council Member
Ross SECOI~IDED the motion.
VOTE:
*Student Representative Krusen: Yes
KEN~ CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 3
MOTION PASSED UNANIMOUSLY.
F. DeWayne Craig-- Water/Sewer Assessments, Bluff View
Condominiums, 406 S. Forest Drive.
Mr. Craig reviewed his letter which was included in the packet and noted additional
information related to hia request to be reimbursed for water/sewer charges from
1999-2004. He explained, since his placing a meter on his building at 406 S. Foreat
Drive, hi~ monthly billings had dropped to a monthly average of $85.92 from $230.14.
Craig stated he did not believe he owed the city the amounts he paid because he did
not use the service, and that both he and the city were at fault.
Council had no questions. Mayor Porter explained, since council had no questions or
did not wish to di~cua~ the matter further, the matter would remain with
adm/nistration's findings.
Gayle Robinson -- Intergenerafional Projects (Senior High School
Students/Elders).
Gayle Robinson, 4540 Big Eddy Road, Kenai -- Introduced students from the Kenai
Central High School involved in an intergenerational project with Kenai Senior Center
elders through their government class. It was noted, students were involved with the
documentation of the kitchen remodel project; working with staff in moving the
kitchen utensils to the American Leg/on from where they meals will be prepared
during the closure of the Center's kitchen; organizing and hold/ng a German Holiday
Feast at the Center; and, coordinating/preparing recipes from the seniors to include in
a cookbook which will be sold at a later date.
ITEM C:
...UNSCHEDULED PUBLIC COMM_ENT~
T~m Dillon, North Tinker, Kenai/Arctic Winter Games, Executive Director
Dillon gave an update of efforts being made in the planning of the Games, including:
* Construction of a road in front of the Operations Center.
· Ice facility is on target.
· Funding is available for payment of bills submitted by the city.
· A volunteer rally would be held at the during the weekend and
encouraged the public to attend and sign up to volunteer.
~NAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 4
ITEM D:
-- No report.
REPORTS OF KPB, ASSEMBLY~ LEGISLATORS AND_ COUNCF~__~
ITEM E:
REPORTS OF KENAI CONVENTION & VISITOR~ _RU~._&U
BOARD AND KENAI CHAMBER OF COERCE-- No report.
ITEM F:
PUBLIC HEAR/NGS
F-X.
Ordinance No. 2124-2005 -- Increasing Estimated Revenues and
Appropriations by $6,388 in Two Senior Citizen Funds.
MOTION:
Council Member Gilman MOVED to adopt Ordinance No. 2124-2005 and Council
Member Buffer SECOKDED the motion.
There were no public or council comments.
VOTE:
*Student Representative Krusen: Yes
Moore Yes Swamer Absent Massie Yes
~oss Yes
MOTION PASSED UN~~OUSLY.
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 (CO).
MOTION:
Council Member Ross MOVED for approval of Ordinance No. 2125-2005 and Council
Member Massie SECONDED the motion.
Kathy Heus, 4540 Kenaitze Court, Kenai -- Asked the reason for the rezoning.
Acting City Manager Kopp stated the property was surrounded by properties zoned
commercial. The reason for rezoning the property was to offer additional commercial
property for business development along the highway.
VOTE:
KENAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 5
*Student Representative Krusen: Yes
I Gi!_m__an lYes
Moore Yes
Ross Yes
Buffer
Swarner
Yes Porter Yes
Absent Massie Yes
MOTION PASSED UNANIMOUSLY.
ITEM G: MINUTES
G-1. Regular City Council Meeting of September 21, 2005 -- Approved by
consent agenda.
ITEM H: OLD BUSINESS-- None.
ITEM h
REW BUSINESS
I-1.
Bills to be Ratified
MOTION:
Council Member Moore MOVED to ratify the bills and Council Member Ross
SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
Gilman Yes
Moore Yes
I Ross Yes
Buffer
Swamer
Yes Porter
,
Absent Massie
l Yes
Yes
MOTION PASSED UNANIMOUSLY.
I-2.
Approval of Purchase Orders Exceeding $2,500
MOTION:
Council Member Massie MOVED to approve the purchase orders exceeding $2,500
and Council Member Moore SECONDED the motion and requested UNANIMOUS
CONSENT. There were no objections. $O ORDERED.
~NAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 6
I-3.
Ordinance No. :2126-2005 -- Increasing Estimated Revenues and
Appropriations by $2,043.75 in the General Fund for a Grant From the
Ra~muson Foundation Art Acquisition Initiative.
Introduced by consent agenda.
I-4,
Ordinance No. 2127-2005 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund for Shop Repair and
Maintenance.
Introduced by consent agenda.
Approval-- Assignment/Amendment of Lease/Timothy & Linda Mitchell
to Budget Rent a Car of Anchorage, Lot 5, Block 5, General Aviation
Apron.
MOTION:
Council Member Gilman MOVED to approve the assignment/amendment of lease and
Council Member Buffer SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
Moore Yes Swamer Absent ' Massie
Ross Yes
Yes
Yes
MOTION PASSED UNANIMOUSLY.
I-6.
Approval-- Assignm_ent of Lease/Garrison Corp. d/b/a Budget Car
Rental to Budget Car Rental of Anchorage.
MOTION:
Council Member Buffer MOVED to approve the assignment of lease and Council
Member Gilman SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
KENAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 7
Gilman Yes
Moore Yes
Ross Yes
Buffer Yes
Swarner Absent
Porter
Massie
l Yes
Yes
MOTION PASSED UNANIMOUSLY.
I-7.
Approval -- Separation Agreement with Linda L. Snow.
MOTION:
Council Member Gilman MOVED to approve the separation agreement with Linda L.
Snow and Council Member Buffer SECONDED the motion.
VOTE:
*Student Representative Krusen: Yes
Gilman Yes
Moore No
Ross Yes
Buffer
Swarner
Yes Porter Yes
Absent Massie Yes
MOTION PASSED.
I-8.
I-8a.
Discussion --
Schedule Work Session/Paul Gray -- "Exploring Kenai."
Council set a work session with Paul Gray for November 2, 2005 at 6'00 p.m. in the
Kenai City Council Chambers (immediately prior to the council meeting).
I-8b.
Confirm October 25, 2005 Work Session/Airport Supplemental Plan.
Council confirmed a work session date for October 25, 2005 at 6:00 p.m. in the Kenai
City Council Chambers.
Discussion -- Capital Improvement Project Draft Plan
Council consensus was to move forward with the plan.
ITEM J:
COMMISSION/COMMITTEE REPORTS
J-1. Council on Aging -- Council Member Gilman noted the next meeting
would be held October 6, 2005 at the Senior Center.
~NAI CITY. COUNCIL MEETING
OCTOBER 5, 2005
PAGE 8
J-2. Airport Commission -- Airport Manager Cronkhite reported the next
meeting would be held October 13, 2005. It was noted applications were included in
the packet for appointment consideration to the Commission.
MOTION:
Council Member Gilman MOVED to appoint Larry Porter to the Airport Commission
and Council Member Ross SECONDED the motion.
Moore stated he supported the motion, but did not realize an application from the ERA
Aviation Station Manager would be submitted (added at the begin~g of the meeting}.
He recognized her application as important and encouraged her to attend meetings
and participate in the supplemental plan work sessions, etc. Moore added, he would
like her appointed with the next vacancy.
VOTE:
There were no objections. SO ORDERED.
J-3. Harbor Commission -- Council Member Massie reported the October
meeting'-had been cancelled. He also noted several vacancies on the Commission.
J-4. Library Commission -- Acting Library Director McNair reported the
Commission met on October 4 and discussed the proposed library expansion,
addressed the Capital Improvement Project list and drafted a resolution for council's
future consideration related to support of city funds to an expansion for use in grant
request efforts. McNair also reported the application submittal period for the library
director position closed September 30 and 14 applications had been received. The
applications were being reviewed.
J-5. Parks/is Recreation Commission -- Council Member Moore reported a
meeting was scheduled for October 6, 2005.
J-6. Planning/is Zoning Commission -- Council Member Ross reported the
September 28 meeting minutes were included in the packet.
J-7. Miscellaneous Commissions and Committees
J-7a. Beautification Committee -- Parks & Recreation Director Frates
reported a meeting would be held on October 11, 2005.
Alaska Municipal League Report -- No report.
J-7c. ~ Arctic Winter Games -- Frates reported a meeting would be held on
October 13, 2005.
KENAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 9
J-7d.
Stranded Gas Committee -- No report.
ITEM K: REPORT OF THE MAYOR -- Porter reported the follow/rig:
· She gave a presentation to area wide high school student council
representatives.
· Gave a presentation related to partnerships at the Kenaitze Indian Tribe
meeting.
· Attended the Planning & Zoning Commission meeting and distributed
copies of "Boomtown USA" to members.
,,ITEM L: ADMINISTRATION REPORTS
L-1. City Manager-- Acting City Manager Kopp reported the following:
· The application period for the city manager position had closed and 54
applications were received; of those, 27appear to be qualified; of the 27, 24 were
supplied with follow-up forms to be submitted. The next step will be screening and
scoring.
DOT has agreed to change some of the signage related to mileage to
Kenai.
· Administration was informed the City will receive an assessment grant
for the Millennium Square property; thc city will not incur any liability in regard to the
assessment; and, the amount of the grant was not yet known.
· Interviewing will begin next week to fill the code enforcement officer
position.
· Efforts between the Kenai Chamber, Mayor Porter and area citizens to
include a cross-country ski race and snow machine charity ride (to benefit the Angel
Tree Program) with the Christmas Comes to Kenai event are ongoing. After explain/rig
the planned route of the snow machine ride, etc., council was asked if they had any
objections to the plans. There were no objections stated.
J-2. Attorney -- Attorney Graves reported he had submitted requests for
attaching Permanent Fund Dividends.
J-3.
City Clerk -- No report.
ITEM M: DISCUSSION
Citizens -- No comments.
M-2. Council
KENAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 10
Moore -- · He was encouraged to see the applications for placement on the
Airport Commission.
· Referred to the letter included in the packet from Mr. Eldridge notifying
administration and council of his absences during October and November from
commission meetings. Moore stated concern Eldridge's membership may be in
jeopardy due to the absences. Porter stated no action would be taken and that a new
ordinance to allow excused absences would probably be in the next packet for
council's review.
· Noted the diagram of the new soccer field in the packet.
· Asked when the bleachers for the ice rink were expected to arrive and
was told probably within the next two to three weeks.
Massie -- Referred to the soccer field plan and asked where the suggested
Kennel Club area and softball fields would be placed in relation to the soccer fields.
Porter suggested the full plan be included in the next meeting packet for review.
Krusen -- Reported the Saturday football game would be between Kenai and
Nikiski. Thanked members of the community for their support of the borough student
leadership event.
Ross -- No comments.
Boyle.
on.
~an -- Congratulated the new members for council (Bob Molloy and Mike
Stated he had enjoyed his two years on council but it was time for him to move
Butler -- Stated his congratulations to Molloy, Boyle and Swamer and added,
hia tenure on council had been a pleasure. Buffer also stated he wanted to continue
to be a part of the community.
Porter-- · Noted the foreclosure sale information included in the packet
indicated only six lots had been sold. She suggested an out-cry auction be considered
for the next sale.
· Requested Public Works Manager Komelis to give an update on the town
clock project. Komelis noted donations were coming through and he hoped the clock
would be situated by the end of November.
EXECUTIVE SESSION -- Personnel issues.
MOTION:
KENAI CITY COUNCIL MEETING
OCTOBER 5, 2005
PAGE 11
Council Member Gilman MOVED to convene into an executive session of the Kenai
City Council concerning personnel issues. Council Member Buffer SECONDED the
motion.
VOTE:
Moore Yes Swarner Absent Massie Yes
Ross Yes
MOTION PASSED UNANIMOUSLY.
Attorney Graves and Acting City Manager Kopp were requested to remain available.
CONVENE IN F.,XF.,CUT~ SESSION:
BACK TO ORDER: 10:20 P.M.
8:10 P.M.
Buffer reported the council met in an executive session concerning a personnel matter
and directed the attorney to take some steps council believes will resolve the matter.
ITEM N:
ADJOURNMENT
The meeting adjourned at approx/mately 10:21 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
*The student may cast advisory votes on all matters except those subject to executive
session discussion. Advisory votes shall be cast prior to the official council vote and
shall not affect tt~ outcome of a vote. Ad~isor~ vo~es stroll be recorded irt ttm, minutes.
Student representatives may not move or second items during a council meeting.
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Suggested by: Administt
CITY OF KENAI
ORDINANCE NO. 2128-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,200 IN
THE GENERAL FUND FOR A LIBRARY GRANT.
WHEREAS, the State of Alaska has provided a Public Library Assistance grant
in the amount of $6,200; and,
WHEREAS, the grant will be used to purchase books.
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:
State Grants
$6,200
Increase Appropriations:
Library- Books
$6,200
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Second day
~of November, 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(10/04/2005) hi
Introduced:
Adopted:
Effective:
October 19, 2005
November 2, 2005
November 2, 2005
Suggested by:
Administr ....
CITY OF KIilNAI
ORDINANCE NO. 2129-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $6,555.55 IN THE GENERAL
FUND FOR THE BOYS AND GIRLS CLUB TITLE V DELINQUENCY GRANT.
WHEREAS, last fiscal year the City of Kenai received money from the State of Alaska
for the Title V Delinquency Grant for the Boys and Girls Club; and,
WHEREAS, the money unspent at June 30 lapsed to fund balance; and,
WHEREAS, the money is needed to pay the Boys and Girls Club for the fourth quarter
grant filing; and,
WHEREAS, the money is available in fund balance.
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
$6,555.55
Increase Appropriations'
Non-Departmental- Grants
$6,555.55
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Second day of
November 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(10107/2005) hl
Introduced:
Adopted:
Effective:
October 19, 2005
November 2, 2005
November 2, 2005
Memorandum- City of Kenm
From:
Larry Semmens, Finance Director
Robin Feltman, Accountant
Phone: 907-283-8229
Date: 10/6/2005
Re:
Title V Delinquency Grant
In October when the Boys and Girls Club filed for the fourth quarter Delinquency
Grant reimbursement, it came to my attention that the advance grant money received
by the City had lapsed to fund balance at the end of the fiscal year. This money
needs to be re-appropriated in order to pay the final grant payment to the Boys and
Girls Club.
This year we will encumber the grant amount to prevent this from happening in the
furore.
Suggested by: Councilman ou~ ~v~uur~
CITY OF KENAI
ORDINANCE NO. 2130-2005
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 1.15.130 ENTITLED "TELEPHONIC PARTICIPATION," WHICH ALLOWS AND
ESTABLISHES RULES FOR COUNCIL MEMBERS TO TELEPHONICALLY
PARTICIPATE IN COUNCIL MEETINGS.
WHEREAS, currently the Kenai Municipal Code does not allow for telephonic
participation at Council meetings; and,
WHEREAS, Alaska Statute 44.62.310(a) allows for telephonic participation by Council
members at a Council meeting; and,
WHEREAS, allowing telephonic participation by Council members would increase
participation by allowing members to take part in meetings when work or family
matters require their absence from Kenai; and,
WHEREAS, limiting telephonic participation to three meetings in a twelve-month
period would prohibit a member from abusing the ability to participate telephonically;
and,
WHEREAS, Alaskan communities such as the City of Soldotna, the City and Borough
of Juneau, the Ketchikan Gateway Borough, the North Slope Borough, the City of
Homer, the City of Wasilla and the City of Whittier allow telephonic participation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALAS.ICh, that KMC 1.15.130 is enacted as follows:
1.15.130 Telephonic Participation.
(a)
(b)
(c)
(d)
A member of the Council may participate via telephone in a Council
meeting, ff the member declares that circumstances prevent physical
attendance at the meeting. If the Mayor chooses to participate via
telephone, the vice-mayor or president pro tempore shall preside.
No more than the first three members to contact the Clerk regarding
telephonic participation in a particular meeting may participate via
telephone at any one meeting.
The member shall notify the clerk and the presiding officer, if
reasonably practicable, at least twenty-four hours in advance of a
meeting that the member propOses to attend by telephone and shall
provide the physical address of the location, the telephone number,
and any available facsimile, email, or other document transmission
service.
At the meeting, the Clerk shall establish the telephone connection
when the call to order is imminent.
Ordinance No. 2130-2005
Page 2 of 2
(e)
(0
(h)
(i)
O)
(k)
(1)
(m)
(n)
(o)
A member participating by telephone shall be counted as present for
purposes of quorum, discussion and voting.
The member participating by telephone shall make every effort to
participate in the entire meeting. From time to time during the
meeting, the presiding officer shall confnun the connection.
The member participating by telephone may ask to be recognized by
the presiding officer to the same extent as any other member.
To the extent reasonably practicable, the Clerk shall provide backup
materials to members participating by telephone.
If the telephone connection cannot be made or is made and then lost,
the meeting shall comment or continue as scheduled and the Clerk
shall attempt to establish or restore the connection, provided that if
the member participating by telephone is necessary to achieve a
quorum, the meeting shall be at ease, recess or adjourn as necessary
until the telephone connection is established or restored.
Meeting times shall be expressed in Alaska time regardless of the time
at the location of any member participating by telephone.
Participation by telephone shall be allowed for regular, special and
work session meetings of the Council.
Remarks by members participating by telephone shall be transmitted
so as to be audible by all members and the public in attendance at
the meeting, provided that in executive session the remarks shall be
audible only to those included in the executive session.
As used in these rules, ~telephone' means any system for
synchronous two-way voice communication. 'Mayor~ includes the
vice-mayor or any other member serving as president pro tempore.
Each Council member may attend a maximum of three meetings by
teleconference during the twelve-month period starting November 1 of
each year.
Council members are responsible for any telephone long distance
charges incurred due to their participation in a meeting via telephone
unless they are absent from the community on City business. A
Council member is not considered to be on city business merely by
attendance at a Council meeting via telephone.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this. second day of
November, 2005.
ATTEST:
PAT PORTER, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
October 19, 2005
November 2, 2005
December 2, 2005
2004
CITY OF KENAI
BOARDS, COMMISSIONS/l~ COMMITTEE
CURRENT LIAISON ASSIGNMENTS
CITY BOARDS, COMMISSIONS/l~ COMMITTEES
Council on A_~
Airport Commission
Harbor Commission
Librar~ Commission
,Parks & Recreation Commission
Planning & Zoning Commission
Beautification Committee
CURRENT
COUNCIL LIAISON
Council Member Gilman
Council Member Swamer
Council Member Massie
Council Member Gilman
Council Member Moore
Council Member Ross and
Council Member Moore
Council Member Swa_rner
Kenai River Special Management Advisory Board (KRSMA)
Economic Development District (EDD)
Cook Inlet Resional Citizens Advisory Council (CIRCAC1
Kenai Visitors & Convention Bureau Board
Arctic Winter Games
City Manager Snow
VISTA/Andy Vamer
John Dou§las
Council Member Porter and
Council Member Buffer
Parks & Recreation Director Frates
_and Council Member Massie
11/5/04
TO'
F~[:
Chuck Kopp, Acting City ~ [:mager
ICim \X'~ummnaker, Lieuten:mt ~/
Bob Frates, Parks & Recreation Director
Keith Komelis, Public \X'orks ~[:mager
KENAI POLICE DEPT.
107 SOUTH WILLOW ST., KENAI, ALASKA 99611
TELEPHONE' (907) 283-7879 · FAX (907) 283-2267
September 22, 2005
2005 Kenai River Personal Use Dipnet Fishery
The 2005 Dipnet Report includes this stnnmatw memo highlighting si~ufic:mt fishen- observations,
statistics, expenses m~d recommendations for the 2006 dipnet fishe~'; activity reports of Police, Parks
~md Recreation, m~d Public \Xi'orks; ~u~d fl~e Seasomd Enforcement Officer report detailing fishen.-
obsen'ations, photos m~d recommendations for etfl~m~cmg the North m~d Soufl~ beach dipnet fisherT.
The dipnet fisher5.' opened at 6mn on Sunday, 7-10-05 :md closed at midnight, Stmdav, 7-31-05.
X Iost cNdlenges associated with the fishery were mmcipated mtd addressed by the (.'in- of Kenm
during the course of the fishery.
The Police Department hired two non-sworn, ummned Season:d Entbrcement Officers (SEOs)
whose scheduled shifts provided coverage 7 days a week during the fisher).-. The SEOs overlapped
during the week m~d worked cooperam-ely with Parks & Rec, (;in- Dock personnel, :md were assisted
:ts needed bv Patrol Officers. The SEOs were responsible tb~ Cit3' Code enforcement (camping,
·
par-king, off-road vehicle operations, _-X_TV use).
The Depaxtrnent Nmdled 234 dipnet-related c:dls for sen-ice, compared to 203 m 2004, 49 in 2003,
49 in 2(1(}2, m~d 38 m 2001. The c:dls for sen-ice prior to 201)4 were acm~dlv more, but the d~dly iron
r:mger ch:rage-outs (Officers assisting Parks & Rec employees) were :dl logged under a single d~dly
sen-ice c~dl rather thm~ mdividmdlv numbered. The 20(}5 c~dls for sen'ice included cash pick-ups
multiple times daily from four pay shacks, plus iron ranger cash retriev~ds; Hit & Rrm comphfints,
illeg',d pm:kh~g, comphm~ts associated with campfires m~d littering, A'lq' & off-road vehicle'
operations, thieve~-, :altercations & disorderly conduct, traffic control, lockouts, ~md welthre checks.
The Department ~dso assisted m rescuing 3 float-dipnetters ("Bobbe~") m the mouth of the m-er
who were caught m the outgoing current, hnpounded 4 vehicles, issued hundreds of warnings, md
arrested one person t'or domestic violence. A wrecker was called to the North Beach/Kenm Avenue
area at least 12 times, however, only 4 vehicles were impounded because owners would often appear
to move their illeg, dly parked vehicles upon seeing police md a tow truck.
Sworn Officers spent 68 hrs ;md SEOs spent 212 hours on dipnet-related activity. A Honda 4-
wheeler was loaned by the A.B.XX'.E. Soldoma Post ;u~d used extensively bv the SEOs for patrolling
·
the South Beach, Kenai Avenue, 2md the area north of S. Spruce extended on the North Beach.
A.B.W.E. Troopers worked the N. Beach off/on during the fishery and charged about 2 dozen
people with various fishing-related offenses, including: failure to clip tails, fa/lure to log fish on
perm/m, overlimit, and false info on permits/licenses. The Troopers worked plainclothes and kept
their presence pretty low key.
Manned pay shacks were placed on S. Spruce, Dunes Rd, at the City Dock, and a new one was placed
on Old Cannery Rd; parking/camping fees were immediately collected from fishery participants,
cutting down significantly on unpaid parking issues experienced in previous years.
2005 Dipnet Fishery expense summaries are noted below:
Police Department Expenses (Labor)
Police Officers (68hfs)
Seasonal Enforcement OfficeO (212hfs)
Pre and post-season meetings & plarmmg (25 hfs: Chief, Lt.,SEO)
Equipment & Fuel costs2
Total
$2,040
2,820
850
1,000
$ 6,710
Parks and Recreation Expense Estimate
Materials & Supplies
Labor
Total
26,035
21.300
$47,335
Public Works Expense Estimate for Kenai Boating Facility
Materials and Contract Services
Labor
Equipment
Total
8,881
13,970
2,470
$25,321
Grand Total Expenses
$79.366
Launch Ramp and Dipnet Parking/Camping Revenue
$169,953
~ Labor costs are for both SEO's
2 Patrol cars, the Dept. pickup, and two 4-wheelers were the equipment expenditures
for the fishery. The costs incurred in this category would reflect fuel consumption
by the vehicles; driving m/from pay shacks, City Hall, police station, Kenai Avenue,
and up & down the beaches on the ATV, and possibly idling time at any of the
mentioned locations. With this in mind, an estimate of use would range from as
little as 30 gallons to upwards of 100 gallons of gasoline.
2005 Concerns and Considerations for 2006
A "Master Sign" was created and erected at the N. Beach, near the pay shack; it displayed a great deal
of useful information and was strategically placed so as to be easily read by arriving motorists, and by
pedestrians walking close to the pay shack.. New brochures were created and contained extra
information not previously provided. Information on these brochures was the same info as on the
Master Sign, and with shack attendants giving verbal information too, citizens were well-infonned.
This practice was beneficial to all involved with the fishery and should be utilized next year.
Paid Parking
The presence of manned pay shacks helped with compliance this year as it did with the installation of
them last year; it made it very convenient for motorists to pay as they arrived and receive up-to-the-
minute parking conditions, fish reports, and other information. On the North beach (S. Spruce),
parti~ady on weekends, the parking lot filled quickly and those amving later tended to either park
at the little league fields, or along the curb near the Catholic church/Anchor Trailer Court/Liffie
League park. Some drove on the beach N of the access point (S. Spruce extended) if they had 4WD,
and shack attendants reported some motorists simply left because there was no room. Similar to last
year, Police and SEO contacted several motorists in the S. Spruce parking area because they parked
their primary vehicle in one spot, and their trailer and/or other equipment in the next spot (but only
paid for one spot); all of those contacted either paid for the 2~a spot or moved stuff to make it
available.
When shacks were unattended, compliance in paying (honor system with the iron rangers) was low.
Motorists contacted by SEO who were not displaying a receipt often denied knowing where to pay,
seeing signs, or said they planned to pay when a worker was at the shack. On the South beach, some
attempts to avoid paying included, '%Ve're just going to drive down where everyone's parking to see
what's going on" (with their vehicles packed with dipnets & gear), and various other creative masons.
One vehicle was found to be displaying a 2004 parking receipt.
Traffic & parking congestion at the end of S. Forest Drive increased noticeably during the fishery.
Dipnetters were parking at the end of S. Forest and walking down the stairs to the beach to dipnet.
They would either haul their fish/gear back up the stairs to their vehicles, or drive down S. Spruce,
park in the free spot, and load & leave from there. This congestion was a contributing factor to one
H&R complaint. This cul-de-sac issue needs to be discussed during the 2006 planning stage(s); a
thought might be to limit large RV and vehicles pulling trailers in this area.
A suggestion was made to color-code parking areas on S. Spruce, with corresponding receipts; green
for RV's, blue for general vehicles, yellow for 1-hr free parking, etc. Since the parking area is gravel,
the color coding could be a green/blue/yellow 6" round metal plate atop a sign post for easy
identification.
Restroom$
There were minimal complaints regarding full, overflowing, or inadequate number of port-a-potties.
An outhouse was placed near the South Beach pay shack for employees' use. The existing
permanmt restroom at the junction of S. Spruce/Kenai.Ave. could be replaced by a fire & vandal-
resistant concrete toilet for about $26,000. The removed structure could be re-installed at another
location (park, playground, camping area). The existing structure was not vandalized during the
dipnet fishery, but has been at other times of the year, it was burned, wood cut/pulled off, and
Plexigtas damaged. This was previously addressed, and should be re-visited for '06 c~nsiderati~n.'
Tents were allowed on both beaches this year with a camping permit ($10/12hrs). This did not
create significant police issues, save recurring trash problems and some difficulty with camping
perm/ts not secured to the tent(s) in a conspicuous place.
Recurring problems with camping are litter, fires, and habitat damage. Several campers on the North
Beach set up between the Sewer Treatment plant and the high bluff below S. Forest/Toyon, and
built fires ranging in size from small heating/cooking fires to raging bonfires, which had potential for
spreading to the grass and other vegetation nearby. Continual police and SEO contact with these
campers kept the fires controlled and, when requested, people generally did not mind moving their
fires further away from the vegetation or making them smaller.
At the very, beginning of the dipnet fishery there were problems with campers N of the Sewer
Treatment Plant climbing the bluff and foraging in the vegetated areas for firewood. After several
people were contacted, the woodcuttmg stopped.
If previous problematic issues could be minimized, the former campground on S. Forest Drive might
be considered for being m-opened as a campground. It is a premier spot and would generate
sufficient finances to cover maintenance, care & upkeep during the busy summer months. Police
and/or SEO presence on a regular basis would keep problems to a minimum. A pomon of this area
was upgraded (graveled path w/rope fencing) last year with federal grant funds, providing an
aesthetically pleasing access to the S. Spruce parking area.
Off-Road Vehicle~
ATV use seems to increase each year and this year was no exception. There were more ATV
complaints this summer, primarily on the N. Beach, than previous years. Pay shack attendants were
able to keep track of the violators and provide relevant mforrnation to responding police/SEO, and
as ATV riders were contacted and a greater enforcement presence made, complaints declined.
Dumoster Service
Dumpster service to the North Beach was a daily occurrence which minimized any trash overflow
problem. A dumpster was put on the South Beach and there was a noticeable absence of trash piing
problems that were present last year.
Traffic Con~t/on on Kenai Ave
This was not a problem except during md-fishery weekends, with a flood of dipnetters arriving and
leaving within a small time frame. It was anticipated that a lot of vehicles would be on Kenai Ave to
unload/load their gear from the beach, and SEOs and Police officers spent a lot of t/me mam~mg
traffic control, impounding vehicles as applicable, to keep the process moving as smoothly as could
be expected.
The load/unload mmaround area at the end of Kenai Avenue was enlarged, creating more room for
vehicles to maneuver. Sometimes this added space only made people think more vehicles could be
crammed in that area and created congestion problems, but mostly it provided much needed room
for turning.
The biggest problem with Kenai Avenue is it is barely 2-lanes wide, with wetlands on one side and.
grassy dunes on the other. If one vehicle parks on the W side, against the concrete barriers, it
bottlenecks traffic going both ways. Making pull-outs along Kenai Avenue would create designated
load/unload areas without blocking the throughway. Many people do not load/unload at the
turnaround because they dipnet up the beach (N) from the mouth of the fiver; it is more convenient
to carry their load straight to the dunes/Kenai Ave than to haul their .stuff to the turnaround or the
beach access extension of S. Spruce.
The only problems with traffic congestion seemed to occur in the absence of enforcement personnel;
while most people exercised common courtesy and followed rules, many did what was most
convenient just for them and this created problems for the others.
For a more in depth review of the 2005 dipnet fishery and photos, please review the departmental
reports included with this summary memo.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-3692/FAX: 907-283-3693
KENAI. ALASKA
MEMORANDUM
To.'
From:
Date:
RE:
Kim Wannamaker, Police Lt.
Robert J. Frates, Parks & Recreation Director'~
September 8, 2005
2005 Dip Net Fishery Information
As in year's past, the City contracted dumpster and portable toilet services out. This season,
however, dumpsters were serviced seven (7) days per week and were added to the south beach
for the first time this season. The contractor failed to empty the north beach dumpsters one day
during the first week, but otherwise, was able to keep up with the demand.
Portable restrooms were again provided on the north and south beach and were serviced daily.
With the exception of a few isolated comments, the portable units appeared to withstand the
demand placed on them.
Project Protect (KBGC) participants and ALPAR assisted with litter patrol and protection of the
dunes. Although Project Protect participants were not as readily available as last season, their
occasional presence did make a difference. They were, however, very instrumental in lending
assistance prior to the season and during the post-season clean-up effort.
New brochures pertaining to the dip net fishery were developed and distributed prior to the
season and throughout the fishery. The brochures were a much-improved version of prior
handouts and included maps and additional informati°n previously not covered. A new "master
sign" that included important notices was also added to the north beach, in addition to, one new
Project Protect sign. A new Project Protect sign was also added to the south beach.
A third fee station was added to the south beach (Old Cannery Rd.). This access route was not
heavily used and led us to occasionally reassign the day shift worker to other duties.
Parking at the north beach parking lot was a challenge during weekends and required constant
monitoring and enforcement. This is one area that perhaps a dedicated lot attendant would prove
beneficial during peak times or perhaps color-coding the barricades would help. The Kenai
Little League parking lot was used and did assist with over-flow parking although it was also
filled to capacity during the second and third weekends. Additionally, the tern campground was
heavily used throughout the entire fishery and required daily monitoring.
Parks & Recreation Expense Estimates
MATERIAL & SUPPLIES
Portable Toilets $14,130
Dumpsters 9,240
Master Sign 770
Preparations 700
Dip Net Handouts 600
Receipt Books 500
Advertising 95
Total $26,035
LABOR
Wages (fee station attendants)
Wages (dock work)
Wages (miscellaneous)
Total
$15,000
3,800
2,500
$21,300
Page 2 of 2
CITY OF KENAI
"Off Capital of Alaska"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE: 907-283-7535
FAX: 907-283-3014
CC:
From:
Subject:
bate:
MEMO
Charles AA. Kopp, Acting Kgnai City Manager
Lt. Kim Wonnamoker, Robert J Frotes
Keith Kornelis, Kenoi Public Works Monoger
Dip N~t Fishery 2005
5ep,¢mber 21, ?005
Public Works Department made some improvements to the city's overall operation.
We opened Old Cannery Road extension and placed a pay station with concrete
barriers and barricades. This year DNR would not give the city a temporarY
closure of the section line easement.
We moved all four pay stations in place (1-S. Spruce, 2-south beach, 1-dock) and
set up concrete barriers for protection. The street crew built a new pay station.
We obtained a Right-Of-Way Construction Permit from the Kenai Peninsula
Borough to allow the city to place the pay station in the Dunes Road right of way to
collect the beach-parking fee.
We hauled gravel and graded the north and south side parking lots and beach
entrances.
We built a new overflow parking area at Port of Kenai near our dock and created
an exit road through Port of Kenai. We marked the parking spaces in the dock
parking lots and made and installed many signs in each location.
We worked with Police, Finance, and Parks to develop regulations, policies, and
operational procedures for the dip net operations.
We scheduled the city employees for the dock boat launch and parking dip net
operations.
We placed ads in newspaper and radio about the dip net fishery. We help to
develop an informational brochure to help answer questions asked about the
fishery. We printed the brochure.
NORTH SIDE SUGGESTIONS
Go forward with the city council approved replacement of the existing old outhouse
at the end of S. Spruce with a precast concrete outhouse. (Continue to use port a
potties at the turn-a-round on Alaska Ave. during the dip net season)
Provide electrical power to the pay station and a new food concession area for
lights & heat and ama lighting. I think area lighting could be funded from the
Municipal Grants Program fund.
Not allow camping or fires on the beach from the Wastewater Treatment Plant (or
S. Spruce) to ¼ mile past the high bluff area to the north.
Do not allow RV's or vehicles with trailers to park in the parking lot at the end of S.
Forest Dr.
SOUTH SIDE SUGGESTIONS
Have the Old Cannery Road, which is a section line, vacated and block this
entrance to the beach.
Continue to furnish a dumpster and a port-a-potty at the pay station and dumpsters
on the beach.
DOCK SUGGESTIONS
Replace culvert under Boat Launch Road. This needs to be the top priority since
we could lose the mad anytime. I have obtained an USFWS grant to pay for some
of this. I think we could use Municipal Matching Grant funds to complete this
project.
Build a Dock Exit Road and additional parking. The city has just made a land trade
that allows us to build a parking lot and an exit mad east of our Boating Facility to
Bddge ACcess Road. I think we could use Municipal Matching Grant funds since it
will be an improvementto~a transportation route.
Build a right turn lane on Bridge Access Road from a new Dock Exit Road going
south into Boat Launch Road. The city would need DOT approval. Ithink we
could use Municipal Matching Grant funds. . '-'"' ·
Pave the staging ama in front of the restmoms and launch ama and improve ama
lighting ......... .~ ~, .... ~.~. ~ ~ · ~ '~.~i~ ~:'.~'~.:: :~.,.~
Add two additional launch ramps and floats ' (have $350,000 grant). The design for
this project is complete and we am waiting for the Corps permit.
C,0mpleted Dip Net Capital Improvement Projects
Alaska Ave. concrete piles and aluminum walkways and stairs
S. Spruce Beach Parking and signs ($105,000)
($120,000)
Wetlands Protection Project which includes a trail from Municipal Park to the beach
parking lot, and Bluff Stairs Improvements. ($24,000)
Paving the area around the pay station and turn-a-round near the north beach and
the parking lot at Municipal Park.
2005 Dip Net Expenses at the Dock
Materials and ,Contract Services
Restroom supplies, pumping, and misc.
Portable toilets (additional)
Dumpster (additional)
Newspaper ad and payment receipts
Parking lot- signs, delineators, paint, etc.
Printing brochures
Excavate mud off ramp
Other miscellaneous items
Total
$ 397
1,25O
413
695
1 ,O83
4OO
1,100
3,543
Labor Expenses
Dock Manager
Dock Worker
Pay Station Worker
Streets-Pay stations, concreted barriers, signs
Streets- Parking Lots
Total
$ 4,456
5,249
2,765
50O
1,000
13,9701
Equipment Expenses
Streets- Pay stations, concreted barriers, signs
Streets- Parking Lots (includes gravel cost)
Total
1,470
1,000
2,4701
2005 TOTAL MATERIALS, LABOR, & EQUIPMENT COSTS
~;'25,3211
Memo
To= Lt. Wannamaker
From: SEOs Shields & Espy
Date: 8/17/2005
2005 Kenai River Dip Net Fishery
The information included in this report is a summary of the Personal Use Dip Net Fishery that
took place at the mouth of the Kenai River beginning on Sunday, July 10 and concluding on
Sunday, JulY 31.
The fishery opened on Sunday, July 10 at 0600. To start, the fishery was only open between
0600-2300. This was the second year that the City of Kenai placed pay booths on both the
North and South beaches. The pay booths opened on Saturday, July 09 and were fairly busy
collecting from dip netters staying the night for the 0600 opener. The pay booths collected $
for 12 hours parking and $10 for 12 hours camping.
.
While the pay booths alleviated the problem of people not paying, it still did not ensure that
everyone paid. During the first weeks of dip netting, the pay booths were not open 24 hours a
day and many people went through without paying. The Seasonal Enforcement Officers
(SEOs) did not issue any citations for failing to pay during the 2005 dip net fishery but did
issue written warnings to several people failing to pay and made sure they paid. The City
opened beach access of the South Beach to Dunes Rd. and Cannery Rd.
The first week of the fishery was fairly busy. SEOs spent most of their time on the North
beach controlling parking, . controlling traffic on Kenai Avenue, and enforcing no camping on
the dunes. The parking lot was fifll but didn't exceed its capacity.
SEOs spent time at the South beach checking pay receipts. The majodty of dip netters didn't
pay for parking the first week because no one was in the shack, however, the majority of ~'~
people complied with the fees after they understood. Most people failed to understand the
"iron ranger". Much time was spent explaining the self pay stations and issuing written
warnings for viOlators. ............. ' '~"~'~i'
.,.
On Saturday, July 16 there was a considerable increase of people and vehicles on both the
North and South beaches. SEOs spent the majority of their shifLs keeping traffic moving on
Kenai Avenue. By early morning the north beach parking lot was full and vehicles went to the
Kenai Little League Fields to park. People also began parking outside the concrete parking
medians blocking traffic in the parking lot. Pay booth attendants also helped keep this under
control by infonumg people not to park outside the concrete blocks.
Considerable time was also spent keeping campers out of the dunes. Without proper signs and
barriers, people had a hard time understanding where they could and couldn't camp. People
were also parking in the prohibited area on the beach North from South Spruce to the sewer
treatment plant. This caused vehicles that were trying to exit the beach to get stuck in the sand.
The first week SEO's issued 111 warnings for parking offenses, 6 wamings for camping
offenses, and called a tow track 7 times to remove vehicles parked on Kenai Avenue. No
citations were issued and no vehicles were towed, all the owners showed up and negotiated
with tow tracks before their vehicles were towed. SEO's also responded to a report of
juveniles launching rocks off the South Forest Park lookout with a sling shot, causing damage
to a parked RV.
On Sunday, July 17 the number of vehicles stayed about the same for the majority of the day.
SEOs dedicated the majority of their time to the North beach on the same problems. Some
time was spent at the south beach; however, since there is more room for parking on the
beach, enforcement remained limited. There was, however, a problem with parking and
camping on Dunes Rd. Since the start of dip netting people began camping on Dunes Road,
the Dunes Road parking space was not flee of campers until the end of dip netting. During late
evening the majority of dip netters left both the North and South beaches, this caused a lot of
congestion on Kenai Avenue. The rest of this week through Friday, July 22 was fairly slow
and for the most part was limited to local residents and required less attention fi'om SEOs.
On Tuesday, July 19 there was an Alaska Department ofFish and Game emergency order,
which c~ened the dip net fishery to 24-hour dip netting. This made it possible for SEOs to
patrol the South beach later in the evening due to lack of problems at the previous 2300
closure.
Throughout the second week SEOs received multiple complaints of people parking on Kenai
Ave., ATV's in prohibited area on North Beach, and campers camping on the dunes. Most of
these complaints, when followed up, showed people were uninformed of the laws. SEO's
issued 104 warnings for parking offenses, 2 written warnings for ATV's operating in
prohibited areas, and 2 non-reportable MVA's.
On Saturday, July 23 there was again an increase in vehicles and people on both beaches that
lasted through Sunday, July 24. The increase, however, was not as large as the previous
weekend. People were more manageable but still required constant policing. SEOs continued
to spend the majority of their time at the North beach but continued to maintain a strong
presence at the South beach to ensure people were paying for parking.
The rest of the week through Sunday, July 31 remained busy and SEOs continued to deal with
the same problems. SEO's issued 60 warnings for parking violations and 6 warnings for
ATV's operating in prohibited areas.
· Page 2
There was a large problem at the City Dock with traffic backing up from the pay shack to the
highway. During the first weekend of dip netting SEOs and Kenai Police Officers had to
spend considerable time at the City Docks due to people trying to exit and make "U-roms" on
Bridge Access Rd. The solution to this problem was to open the new exit through the Port of
Kenai. This alleviated the problem of people getting stuck taming around in the highway.
SEOs spent a total of 212 hours on dip net related activities during the 2005 dip net fishery,
114 hours at the North beach and 98 hours at the South beach. SEOs also responded to or
initiated 88 dip net related calls for service and issued one dip net related citation.
SPECIFIC OBSERVATIONS AND CONCERNS
Overview
The 2005 dipnetting season went well despite the growing number of dipnetters each year.
The placement and operation of pay shacks for the second year helped alleviate many
problems that may have arisen from the large number of people. The pay shacks helped not
only in collecting money but also in informing people of the roles. The fact that more and
more people are showing up each year may constitute a problem in the future, as there are
many areas that may be unable to sustain a greater influx of people. Some of these areas will
be camping and parking on the South beach, RV parking in the City of Kenai, and parldng off
of Canne~ Rd.
Camping permits continued to be difficult to check. Most people that were camping were
normally down dip netting and away fi'om their campsites. This made it difficult to know
whom to contact, as most the campsites were unattended. A possible solution would be to
have more campsites within the city. The beach becomes crowded with campsites and
increases the mount of traffic flow on Kenai Ave, as people are unpacking and packing their
campsites. A solution for checking camping pemxits would be to stake out campsite areas that
people could register for. This way if we know a Kelty tent is registered for a specific
camping area, between a specific set time, then when we check the beach we will know who
has paid and who hasn't. Homer does a good job on the "spit" in doing this. They have signs,
for specific areas, that say:. "Fl, Gl, HI, etc". Multiple campers can camp in a specific area
but at least we will have a general idea of where they are camped and also be able to
determine which tents have paid to be in that area.
Another issue is having signs warning the dipnetters of the dangers in "float dipnetting" or
dipnetting when the cun'ent is strong. Three individuals had to be rescued aff~ being swept
into the inlet while float dipnetting this year.
North Shore
The North shore continuea to be the busiest this year. Since the South shore is limited to
people with 4-wheel drive vehicles and unrestricted ATV access, the North shore received the
largest majority of vehicles. Some problems were people parking too long on Kenai Avenue,
truffle jams on Kenai Avenue, and the South Spruce paid parking area being constantly full.
· Page 3
The Kenai Little League Ball Fields provided overflow parking, however, the ball fields were
not sufficient in providing all the parking space needed. During the second and third
weekends of dipnetting, vehicles were also parked out onto South Spruce and a few even
parked on North Spmce.
Tmftic on Kenai Avenue also became a problem on these busy weekends. A few times traffic
on Kenai Avenue was so heavy that vehicle's were jammed at the end of Kenai Avenue. At
these times SEO's would have to begin backing vehicles out of Kenai Avenue and try to stop
any more traffic fi'om entering into Kenai Avenue, until the current jam of traffic was released.
Parking problems were not as frequent as they have been in past years. However, there still
were a few problems that occurred. One problem was the large number of motorhomes that
populated the parking area. During the second and third weekends, all the motorhome parking
spaces were full and many motorhomes began parking in the car parking spots. The RV parks
on top of the bluff were also full, leaving little parking options for motorhomes. SEO's
received complaints of motorhomes parking at the end of South Forest, at the end of Spur
View Rd., and in the Dustbowl parking area. For the parking area at the end of South Spruce,
having more visible parking lines would help keep motorhomes from using more than their
parking spot.
Camping was another major concern during the dipnetfing season. Those who were camping
in tents failed to understand that they weren't allowed to camp in the dunes. SEO's repeatedly
had to make campers move their tents off the vegetation. A possible solution would be to
have some sort of fence along the dunes where people are not allowed to cross. Another idea
would be to have signs that told people not to camp on the vegetation.
Another problem was vehicles parking on the beach to the south of the Water and sewer
Treatment Plant, even when the pay booth attendants told people to park north of the
Treatment Plant. Mostly this occurred from lack of understanding of where the Treatment
Plant was. It is .very confi~ing how the cunem system is set up. They can have fires on one
side but can't have vehicles. On the other side they can't have fires and can only park aft~ a
specific point up the beach. It might be just as beneficial to have no parking anywhere down
there or open up the entire beach north of the access road. Another suggestion is just placing
more signs that help direct people to the right places to park on the beach.
Other ideas are to have signs for littering and a sign at the end of Kenai Avenue warning
people that vehicles parked over 5 minutes will be towed. Many people thought that as long
as they had someone attending their Vehicle that they could take as long as they wanted
packing up their stuff.
· Page 4
South Beach
The South beach received more of SEO's attention this year than in past years. The main
cause was the time spent in driving to the vehicles at the mouth of the river and the time it
took to cheek the vehicles for parking permits. Many thought paid parking was only limited
to parking on Dunes Rd or they did not pay because no one was at the pay shacks. This
problem occurred most when dipnetting was only open between the hours of 600-2300. This
meant the pay booth attendants were not yet at the booths 24 hours a day to regulate the dipnet
traffic. Also once we told people about the "iron rangers" most people quickly went and paid
for parking.
Many dipnetters did not see the "iron rangers", nor did they understand how they worked. On
Dunes Rd. the "iron ranger" is not next to the pay shack but near the beach access. Since most
people stop at the pay shack and read the signs, it might be more advantageous to keep the
"iron ranger" near the pay shack to show people what and where the "iron ranger" is. A
possible solution would be to place the pay shack nearer to the beach access. This way people
are not confi~ed in thinking they are paying to park on Dunes Rd. This would also el/mi~e
aaffic congestion at the pay shack. The parking/camping at Dunes Rd. becomes so heavily
congested that at some times it's difficult to navigate around the pay shack. Placing cones also
might help in keeping people fi'om parking in the thruway. The beach "iron ranger' is in a
good spot and not much can be done except making a bigger sign. Even then most people will
not notice it and SEO's letting people know about the "iron ranger" seemed to work it getting
a positive response.
Only a small amount of time was spent enforcing camping and ATV operation on the South
beach. This wasn't as big an issue as the North beach, as most people camped out on the
beach away fi'om the vegetation and there were less areas prohibiting ATV operation.
Page 5
..
....
:.
..
~0-£~ -L
COUNCIL ON AGING
OCTOBER 6, 2005
KENAI SENIOR CENTER
7:00 P.M.
ITEM 1:
ITEM 2:
ITEM 3:
ITEM 4:
ITEM 5:
AGENDA
CALL TO ORDER & ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SUMMARY -- August 4, 2005
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
ITEM
ITEM 7:
Discussion -- Kitchen Remodel Project
Discussion -- Assisted Living Update
Discussion-- Meal Cost
NEW BUSINESS
Discussion -- Meeting Schedule
Discussion -- Capital Projects
Discussion -- Senior High Projects
REPORTS
Council on Aging Chair
Director
Council Liaison
ITEM 8:
ITEM
ITEM 10:
OUESTIONS & COMMENTS
PERSONS NOT SCHEDULED TO RE HEARD
INFORMATION
ae
ITEM 11:
Council Action Agendas of September 7 and 21, 2005.
ADJOURNMENT
COUNCIL ON AGING
OCTOBER 6, 2005
KENAI SENIOR CENTER
7:00 P.M.
CHAIR BILL OSBORN, PRESIDING
MEETING SUM~Y
ITEM 1'
CALL TO ORDER/k ROLL C~L
Chair Osborn called the meeting to order at approximately 7:00 p.m.
confirmed as follows:
Roll was
Members present:
Members absent:
Others present:
J. Hollier, E. Jones, R. Jurgensen, G. Kuntzman, B.
Osbom, J. Harris, F. Wilson
L. Flowers
Senior Director R. Craig, Council Member Blaine
Gilman
A quorum was present.
ITEM 2:
AGENDA APPROVAL
MOTION:
Member Harris MOVED to approve the agenda with the removal of Item 5-c.
Member Hollier SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3:
MOTION:
APPROVAL OF MEETING SUM__ _MA_ I~Y -- August 4, 2005
Member Kuntzman MOVED to approve the meeting summary of August 4,
2005 and Member Harris SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 4:
PERSONS SCHEDULED TO
Cecilia Anderson discussed an "Aging In Place" program, a community invasion
project, being presented by the Kenai Peninsula College in which high school
seniors visit seniors, interviewing them, writing information learned, etc.
ITEM 5: OLD BUSINESS
Discussion-- Kitchen Remodel Project
Director Craig reported the project was on schedule and, if all the equipment
arrives on time, the kitchen should be complete and back in operation
November 15-22.
a-bo
Discussion -- Assisted Living Update
Craig reported it the architect's preliminary drawings would hopefully be
available for the City Council's review on October 19. She will contact Council
on Aging members to remind them to attend the council meeting.
Discussion-- Meal Cost
Removed from agenda.
ITEM 6:
NEW BUSINESS
Discussion -- Meeting Schedule
The members reviewed the memorandum included in the packet and stated
their support of the meetings remaining monthly at held at 7'00 p.m. at night
at the Center.
Discussion -- Capital Projects
Director Craig asked for input of what the members would like to be considered
as capital projects. Responses included more administrative office space,
telephone by the driveway, and, an area for a gift shop.
Discussion -- Senior High Projects
Craig encouraged the group to attend the October 8 event and support the
intergenerational projects.
ITEM 7: REPORTS.
Council on Aging Chair -- No report.
7-b. Director -- Craig thanked Council Member Gilman for his
participation.
7-c. Council Liaison -- Council Member Gilman encouraged the
seniors to attend/show the whole project.
ITEM 8:
,,
OUESTIONS & COMMENTS -- None
COUNCIL ON AGING MEETING
OCTOBER 6, 2005
PAGE 2
ITEM 9:
PERSONS NOT SCHEDULED TO HR
ITEM 10:
INFORMATION
10=a.
Council Action Agendas of September 7 and 21, 2005.
ITEM 11:
ADJOURNMENT
Member Jurgensen MOVED to adjourn and Member Harris SECONDED the
meeting. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:10 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
COUNCIL ON AGING MEETING
OCTOBER 6, 2005
PAGE 3
COUNCIL/
AIRPORT COMMISSION
WORK SESSION
TUESDAY~
OCTOBER 25, 2005
6:00 P.M.- 9:00 P.M.
KENAZ COUNC:[L CHAMBERS
*A LTGHT DI'NNER WTLL BE AVA]~LABLE.
CITY OF KENAI
"~lh~g~ with a p~t - City w~th a j~tur& "
BACKG~UND AND PI~~O~ DATA -
CANDIDATE8 FOR APPOINTMENT CGMMITTEE8 AND
COMMI881ON8
DATE:
0ctober 19, 2005
NAME: Billy N. 0sborn
Resident of the City of Kenal? y.es
Hew
Residence Address 623 .Rogers .Road, Kenai
Maffing Address P 0 Box 3003, Kenai
Home Fax No .....
Business Fax No. ~ ,
Home Telephone No.
Business Telephone No .
'_Email Address: ~ _
283-7936
EMPLOYER:
Retired _ J~b Title
NAME OF SPOUSE: Betty Jo Osborn
Council on Aging Board Member,.
Current membership in or~-_-_!--~ns: ..... .
Kenai Senior', Connet o '_
Past organizational memberships: . . er,
Cook Inlet Regional Advisory Cr~1,-~41 ~w,~.~' Cnmm'.' M _~~_'_r _'' . .
COMMITTEE8 OR COMMISSIONS IN WHICH YOU ARE INT~: _
· Harbor CommisSion
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
believe m membershi on this CommiSsion will s
I will wo._____.rk to mak .
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIAL8 DO YOU POSSE88 TO BRING TO THE BOARD,
coauuss o oa c0 au r smamzasm
Signature
KENAI LIBRARY COMMISSION
KENAI CITY HALL COUNCIL CHAMBERS
OCTOBER 4, 2005
7:00 P.M.
ITEM 1'
ITEM 2:
,,
ITEM 3:
ITEM 4:
ITEM 5:
ITEM 6:
ITEM 7:
ae
ITEM 8:
ITEM 9:
ITEM 10:
CALL TO ORDER & ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SUMMARY -- September 6, 2005
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
NEW BUSINESS
Discussion -- Draft/Funding Resolution Information
REPORTS
Director
Commission Chair
Friends of the Library
City Council Liaison
COMMISSIONER COMMENTS/qUESTIONS
PERSONS NOT SCHEDULED TO BE HEAleD
INFORMATION
Kenai City Council Action Agendas of September 7 and 21, 2005.
ITEM 11: ADJOURNMENT
KENAI LIBRARY COMMISSION
KENAI CITY HALL COUNCIL CHAMBERS
OCTOBER 4, 2005
7:00 P.M.
CHAIR EMILY DE FOREST, PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER/h ROLL CALL
Chair DeForest called the meeting to order at approximately 7:03 p.m. The roll was
confn-med as follows:
Commissioners present'
Commissioners absent:
Others present:
K. Heus, E. DeForest, E. Bryson, C. Brenckle
B. Peters
Acting Library Director L. McNair
ITEM 2:
AGENDA APPROVAL
MOTION:
Commissioner Brenckle MOVED to approve the agenda as presented and
Commissioner Heus SECONDED the motion. There were no objections.
ORDERED.
ITEM 3:
APPROVAL OF MEETING SUMMARY -- September 6, 2005
Corrections were requested on Page 2, f~rst motion, change "yearly" schedule to "year-
round" and in the third motion, chan~g the phrase "an addition of 16,000 square feet
to "an addition of up to 16,000 square feet."
MOTION:
Commissioner Brenckle MOVED to approve the meeting summary as corrected and
Commissioner Heus SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4:
,,
PERSONS SCHEDULED TO BE H~_~Rn -- None.
ITEM 5:
OLD BUSINESS-- None.
ITEM 6:
NEW BUSINESS
Discussion -- Draft/Funding Resolution Information
A general discussion took'place related to the discussion with council requesting a
reaolution in support of pledging up to $500,000 for a l/brary expansion. The
Commission reviewed a draft resolution distributed at the beginning of the meeting.
Discussion followed and changes to the draft were suggested as follows'
· Fifth 'whereas' to read "Whereas, the City of Kenai has supported
expanding the library facility; and,"
· Sixth 'whereas' to read, "Whereas, the City of Kenai's willingness to
designate funds up to the amount of $500,000 would demonstrate a commitment of
the city for the purpose of the Kenai Community Library pursuing matching grant
funds."
MOTION:
Commissioner Heus MOVED to forward the resolution to the City Council with the
changes indicated incorporated into it. Commissioner Brenckle SECONDED the
motion. There were no objections. SO ORDERED.
ITEM 7: REPORTS
7-a. Director -- Acting Library Director McNair reported:
· She distributed information about a grant workshop in Anchorage.
· The period for accepting applications for the director position had closed.
· Will check to see if any new applications had been received for
consideration of appointment to the commission.
Reviewed upcoming events at the library.
7-b. Commission Chair-- DeForest stated she would check on the old
ordinance relating to 2002 ordinance regarding library expansion with the city
attorney.
Friends of the Library-- No report.
7-d.
City Council Liaison -- No report.
ITEM 8:
COMMISSIONER COMMENTS/QUESTIONS
Comments included:
· When will the council appoint liaisons to commissions/committees.
· Talk with representatives of the Friends about getting the public involved
with the proposed expansion project.
· Members should attend council meeting to indicate their continued
interest in an expansion project.
· Contact council members to get their input on an expansion project.
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
INFORMATION
LIBRARY COMMISSION MEETING
OCTOBER 4, 2005
PAGE 2
lO-a.
Kenai City Council Action Agendas of September 7 and 21, 2005.
ITEM 11:
ADJOURNMENT
MOTION:
Commissioner Brenckle MOVED to adjourn and Commissioner Heus SECONDED the
motion. There were no objections. $0 ORDERED.
The meeting adjourned at approximately 8'35 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
LIBRARY COMMISSION MEETING
OCTOBER 4, 2005
PAGE 3
KENAI PARKS & REC~ATION COMMISSION
OCTOBER 6, 2005
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1'
ITEM 2:
ITEM 3'
_
ITEM 4:
ITEM 5:
ITEM 6:
ITEM 7:
_
ITEM 8:
_
ITEM 9:
ITEM 10:
ITEM 11:
CALL TO ORDER _&_ ROLL CALL
AGENDA APPROVAL
APPROVAL OF MEETING SUMMARY-- September 1, 2005
PERSONS SCHEDULED TO _RE H~A~
OLD BUSINESS
_
Discussion -- Kenai Kennel Club/Dog Park Development Request
Discussion -- Kenai Soccer Park/Proposed Park Layout
NEW BUSINESS
Discussion-- Playground Renovation Schedule
REPORTS
Commission Chair
Director
City Council Liaison
COMMISSION QUESTIONS & COM__M_~-NT~
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
INFORMATION
Council Action Agendas of September 7 and 21, 2005.
Updated Commission Membership List.
10/2005 Kenai Multipurpose Facility Ice Schedule
ADJOURNMENT
KENAI PARKS/h RECREATION COMMISSION
OCTOBER 6, 2005
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHAIR DALE SANDAHL, PRESIDING
MEETING SUMMARY
ITEM 1' CALL TO ORDER & ROLL CALl.
Chair Sandahl called the meeting to order at approximately 7:00 p.m.
confirmed as follows'
Roll was
Commissioners present:
Commissioner absent:
Others present'
R. Lawrence, D. Sandahl, J. Foglia, J. Carroll, D. Hagen
T. Wortham and B. Molloy
Parks & Recreation Director B. Frates, Council Member Joe
Moore
A quorum was present.
ITEM 2.
AGENDA APPROVAL
There were no changes to the agenda.
ITEM 3: APPROVAL OF MEETING SUMMARY-- September 1, 2005
There were no chan§es to the meetin§ summary of September 1, 2005.
ITEM 4:
PERSONS SCHEDULED TO 8~. H~.A_~r)_ -- None.
ITEM 5: OLD BUSINESS
Discussion -- Kenai Kennel Club/Dog Park Development Request
Director Frates updated the Commission related to his correspondence with the Kenai
Kennel Club. He noted his hesitancy to earmark too much property without revisiting
the overall outdoor complex plan since the four soccer fields had shifted over slightly.
Rhonda Ogelsby, Kenai Kennel Club -- Referring to the map included in the packet,
stated the Club was agreeable to the boundaries but felt the boundary to the north
could some day be expanded, if needed, and not designated for other use.
Frates requested postponement of any aCtion on the animal park until he could meet
with an architect to draft another overall site plan.
The Commission requested Frates to present an overall site plan at the next meeting
which should reflect the soccer fields in relation to other planned fields, including the
dog park and also include Borough property that could potentially be needed.
5-b.
Discussion -- Kenai Soccer Park/Proposed Park Layout
Council Member Moore addressed the new berm included on the soccer field map and
stated he believed it would be a win-win situation for everyone and stated his support
of the concept.
Discussion followed in which it was asked whether or not a seven foot (7') berm would
be high enough and Frates noted he believed it would be, otherwise the angle of the
slope could present maintenance problems.
The Commission stated no objections to the berm or location.
ITEM/5:
NEW BUSINESS
Discussion-- Playground Renovation Schedule
Frates presented a draft playground renovation schedule which had been included in
the City's draft capital improvement plan. The Commission reviewed the individual
parks, renovation justifications, and time flames for the work. It was suggested,
additional cemetery property should be considered for the future.
Asked whether the Elson bike path rest area should be included in the plan, Frates
explained the park's development would be done in-house next summer.
MOTION:
Commissioner Carroll MOVED for the Commission to accept the playground renovation
project as presented and Commissioner Foglia SECONDED the motion. There were no
objections. ~O ORDERED.
..ITEM 7: REPORTS
Commission Chair-- None.
7-b. Director -- Frates noted the October ice schedule was included in the
packet and gave a brief update of department work, including the hiring process for a
new groundskeeper.
7-c. City Council Liaison -- Moore reported on election results, city manager
search, a vacancy on the Commission, and care of the multipurpose facility assets.
ITEM 8:
COMMISSION (~URSTIONS & COMMRNT~
Commissioner Carroll questioned whether restrooms were closed in mid-August and
Frates reported the permanent facilities remain open however some portables are
removed.
PARKS & REC~ATION COMMISSION MEETING
OCTOBER 6, 2005
PAGE 2
Commissioner Sandahl asked how one schedules use of the Green Strip shelter.
Frates explained it was first-come, first-serve, with the ability to reserve it.
Commissioner Foglia asked if the Section 36 overall plan would be included in the next
packet and Frates answered yes.
ITEM 9:
PERSONS PRESENT NOT SCH~'-DULRD TO _u~-. H~'-A_~r~ -- None.
ITEM 10:
INFORMATION
10-a.
10-b.
lO-c.
Council Action Agendas of September 7 and 21, 2005.
Updated Commission Membership List.
10/2005 Kenai Multipurpose Facility Ice Schedule
ITEM 11:
.ADJOURNMENT
MOTION:
Commissioner Hagen MOVED to adjourn and Commissioner Carroll SECONDED the
motion. There were no objections. 80 ORDERED.
The meeting adjourned at approximately 8'15 p.m.
Meeting Summary prepared by:
Carol' L. Freas, City Clerk
PARKS & REC~ATION COMMISSION MEETING
OCTOBER 6, 2005
PAGE 3
PARKS/h RECREATION COMMISSION
Meets First Thursday
Kenai City Council Chambers
7:00 p.m.
Commissioner Name and Home Phone Business Email Address Term
Address Phone Ends.
Ryan C. Lawrence 283-3155 283-1919 ...k!auder. rl~.!alaska.net
455 N. Forest Drive 2006
Kenai, AK 99611
*Dale Sandahl 283-3238 dsandahl(~gci.net 2008
4560 Kenaitze Court
Kenai, AK 99611
Joe Foglia 283-8137 fo~lias~gci.net 2006
1511 E. Aliak
Kenai, AK 99611
Julie Carroll 283-5766 283-7167 ~carroll(~alaska.net 2007
407 Eadies Way
Kenai, AK 99611
F. Todd Wortham, DDS 2007
213 Susieanna Lane
Kenai, AK 99611
Darrell Hagen 283-7418 2008
804 North Strawberry Road
Kenai, AK 99611
Ro-'h~J..~lloy 283-7102 283-7373 molloylaw(~!ak, net 2006
110 S.~~_w, Street, Ste. 101 -'
Ken%i~K ~11
Council Member Joe Moore 283-4610 262-7478 (p) cpa/oe~,.altrogco.com
1006 Inlet Woods 262-6107 {f)
Kenai, AK 99611
Bob Frates, Director 283-3692 (p) bfrates~,ci.kenai.ak.us
Parks & Recreation Department 283-3693 {f)
210 Fidalgo Avenue
Kenai, AK 99611
*Chair
**Vice-Chair
(~/~.~./~OOS)
Commission Application
Page. 1 of 2
CITY OF KENAI
"Village with a past-- City with a future."
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT
COMMI'I-I'EES AND COMMISSIONS
DATE:
Resident of the City of Kenai?
Residence Address
yP..~ HOW long? !_~- y' ~5
Mailing Address ,.
Home Fax No. z~ f,~
Business.Fax No../'~//~
Home Telephone No. (~0 ~.~ 2,5? --~,.~'~_~
Business Telephone No.
Email Address:~"'~~ 2,D~ ~. lto{"~~, I ,~ ~
EMPLOYER:
NAME OF SPOUSE:, ,~/~
Membership in organizations'
Past organizational memberships:
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE '~z"'
http://www.ci.kenai.ak, us/commissions/commissionavt~lication.htm
9/28/2005
Commission Application
Page 2 of 2
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE
BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? ~i~.
· .
,,
~..__...~.
Return to City Clerk, 210 Fidalgo Avenue, Suite 200
283-3014 (fax), 283-7535, ext. 231 (phone)
http://www.ci.kenai.ak, us/commissions/commissionau~licarlon.htm
O/3R/")NN~
,:~omrmsslon AppBcation
Page 1 of 2
CITY OF KENAI
'~/illage with a past - City with a future."
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT
COMMITTEES AND COMMISSIONS
DATE: ~-~ 7 ' d)
NAME:
Resident of the City of Kenai?
How long? ~~
_
residence Address .. I [~, I c~
Mailing Address
Home Fax no. c~~t~ - t/~ t ~'L~.
Business Fax No. ~'.z~
Home Telephone No.
Business Telephone No.
EMPLOYER: 0 L,~[~ 'Tt,~ 1~ ~,'x. t~, 1 ~_~/%~_ Job Title
NAME OF SPOUSE: '~ ! 0~.~ iO~'~l _.. L, ~_/OrX'~'t~~ .
Membership in organizations:
Past organizational memberships:
cOMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE "?"
http://www, ci.kenai.ak.us/commissions/commissionapplication, htm
9/12/2005
Page 2 of 2.
WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE
BOARD, COMMISSION OR COMMI'I-I'EE MEMBERSHIP? ~ \~r'/~ iJ 1~-~- ~'~ L~~'"'~
. ////,-.-~..
Signature
Return to City Clerk, 210 Fidalgo Avenue, Suite 200
283-3014 (fax), 283-7535, ext. 231 (phone)
http://www, ci.kenai.ak.us/commissions/commissionapplication.htm
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
October 12, 2005- 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed fi'om the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
®
*APPROVAL OF MINUTES:
a. *September 28, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ05-59 - Preliminary Plat- Evergreen Subdivision - Webber Addition. Plat submitted
by Integrity Surveys, 8195 Kcnai Spur Highway, Kcnai, Alaska.
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
a. FY2006- Capital Improvement Plan
8. PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubensp¢ck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hamm¢lman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kcnai, Alaska. (Tabled)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Agenda
October 12, 2005
Page 2
12. INFORMATION ITEMS:
a. City of Kenai Building Permit Data- Third Quarter
b. City of Kenai Planning & Zoning Commission Resolutions - Third Quarter
c. Zoning Bulletin (9/25/05)
13. COMMISSION COMMENTS & QUESTIONS.
14. ADJOURNMENT:
CITY OF KENAI
PLANNING/k ZONING COMMISSION
CITY COUNCIL CHAMBERS
OCTOBER 12, 2005 - 7:00 P.M.
CHAIR PRO TEMPORE PHIL BRYSON, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Commissioner Phil Bryson acted as Chair Pro Tempore and called the meeting to order
at 7:00 p.m.
1-a. Roll Call
Roll was cOnfirmed as follows:
Commissioners Present:
Commissioners Absent:
Staff Present:
P. Bryson (J. Twa. it and N. Amen were notified there would
not be a quorum present and therefore did not attend.)
B. Eldridge, John Hammelman
City Planner M. Kebschull
Because the quorum of the members was not met, the meeting was closed.
X-bo
Agenda Approval
Consent Agenda
ITEM 2:
APPROVAL OF MINUTES -- *September 28, 2005
ITEM 3'
SCHEDULED PUBLIC COMMENT
ITEM 4:
CONSIDERATION OF PLATS
PZ05-59 - Preliminary Plat- Evergreen Subdivision - Webber Addition.
Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai,
Alaska.
ITEM 5:
..PUBLIC HEARINGS
ITEM 6:
OLD BUSINESS
ITEM 7:
NEW BUSINESS
Discussion -- FY2006 Capital Improvement Plan
I,T, EM 8:
pENDInG ITEMS
ITEM 9'
ITEM 10:
10=a.
10-b.
10-c.
ITEM 11.
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)
CODE ENFORCEM_ ~4qT
REPORTS
City Council
Borough Planning
Administration
PERSONS PRESRNT NOT
..ITEM 12:
_
INFORMATION IT~-MS
10-a.
10-b.
10-c.
City of Kenai Building Permit Data- Third Quarter
City of Kenai Planning & Zoning Commission Resolutions - Third
Quarter
Zoning Bunetin (9/25/05)
ITEM 13:
ITEM 14:
COMMISSION COM_.M~.NTS & OU~-STIONS
ADJOURNMENT
The meeting adjourned at approximately 7'05 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
OCTOBER 12, 2005
PAGE 2
October 10, 2005
Pat Porter, Mayor
City of Kenai
Dear Mayor Porter:
I am submitting my resignation from the Kenai City Planning and Zoning Commission
effective this date.
I have been a member of the Commission since 1989; and, during that time I have tried to
make positive decisions on the issues that would help the City to grow in a positive manner.
It has been my honor and privilege to have had this opportunity.
Sincerely your,
CARL S. GLICK
Patricia Porter
From:
To:
Sent:
Subject:
"L.J. Barrett" <thejaybob@mac.com>
"Patricia Porter~' <kenaimayorl0@msn.com>
Wednesday, October 05, 2005 1:22 AM
Notice of Resignation
Hi Pat,
Though my plans are still up in the air, it appears I'll be staying
in Kodiak ... So I feel it's just best I resign my seats on the city
of Kenai Planning and Zoning Commission and the Harbor Commission.
I will send you a formal letter soon.
With the new election and council, I wanted to give you some time to
make some new appointments.
Thanks for all your support and_encouragement. I really appreciate it.
Take care,
Jay Barrett
10/6/2005
PLANNING 8s ZONING COMMISSION
Meets Second and Fourth Wednesday- 7'00 p.m.
Kenai City Council Chambers
Commission Member Name Home Business Email Address Term
and Address Phone Phone Ends
Nelson Amen 283-6085 776-8191 namen/E, lesoropetroleum.com 2006
P.O. Box 357
Kenai, AK 99611
Kenai, AK 99611 2007
Phil Bryson 283-4428 283-4672 2007
P.O. Box 1041
Kenai, AK 99611
~John Hammelman 283-7280 283-5507 (p) ihammelman(iilunocal.com 2008
4570 Kenaitze Court 776-6750 (f)
Kenai, AK 99611
Kenai, AK 99611 2008
Jeff Twa_it 283-3919 262-2493 itwaitfaaci.net 2006
1808 Julie Anna Drive
Kenai, AK 99611
Barry Eldridge 283-7152 lridgebb~_~ptialaska.net 2006
2679 Bowpicker Lane 283-7152 (ir)
Kenai, AK 99611
Council Member Rick Ross 2838497 rossrckC_w~hotmail.com
1505 Kittiwake Court
Kenai, AK 99611
Council Member Joe Moore 283-4610 262-7478 (p) cpaioe(~trogco.com
1006 Inlet Woods 262-6107 (i)
Kenai, AK 99611
*Chair
**Vice Chair
(10/13/2005)
12/29/2884 13'36
2624447
FroI-Ci tv of Kenai ICi tv CIBrk
SOLtX3TNA REALTY gOT
P. OOZ/O02
PAGE
CITY OF KENtl
BA¢I~GROUIqD AHD PE~.BONAL DATA -
OAHDII)ATES I'OR AF~I~M:IIIT r'--f!J-lfMlr'l~E~ AIID
dEC 2 9 20~4 ~
·
.., . ...,, ,'._. .... %,
~ TO:
Witi! ~~~, iiib,~, OR ~ DO YOU POIIlII TO BRING TO ~ BOARD,
KENAI BEAUTIFICATION COMMITTEE MEETING
OCTOBER 11, 2005
7:00 P.M.
KENAI COUNCIL CHAMBERS
AGENDA
ITEM 1:
ITEM 2:
ITEM 3:
ITEM 4:
ITEM 5:
a.
ITEM 6:
a.
ITEM 7:
ae
ITEM 8:
.ITEM 9:
.,ITEM 10:
ae
ITEM 11:
CALL TO ORDER & ROLL CALL
AGENDA APPROVAL
,,APPROV~ OF MEETING SUMMARY --
August 9, 2005
September 13, 2005
PERSONS SCHEDULED TO BR
OLD BUSINESS
Discussion -- Summer 2005 Flowerbed Review
Discussion-- Anchorage Site Visit
NEW BUSINESS
Discussion -- Meeting Schedule
Discussion -- Summer 2006 Flower Purchase
REPORTS
Committee Chair
Parks & Recreation Director
Kenai City Council Liaison
QUESTIONS AND COMMENTS
PERSONS NOT SCHEDULED TO _~ HRA~r~
INFORMATION
City Council Action Agenda of September 7 and 21, 2005.
ADJOURNMENT
KENAI BEAUTIFICATION COMMITTEE MEETING
OCTOBER 11, 2005
7:00 P.M.
KENAI COUNCIL CHAMBERS
VICE CHAIR HELEN BROWN, PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER & ROLL CALL
Vice Chair Brown called the meeting to order at approximately 7:08 p.m.
confwrned as'
Roll was
Members present:
Members absent'
Others present:
L. Seymour, S. Hatch, L. Nelson, H. Brown, M. Dimmick (arrived at
7:15 p.m.)
M. LeFebvre
Parks & Recreation Director B. Frates
A quorum was present.
ITEM 2:
AGENDA APPROVAL
There were no changes to the agenda.
ITEM 3'
APPROVAL OF MEETING SUMMARY --
3-ae
August 9, 2005
September 13, 2005
Member Hatch noted the first sentence in Item 7a should be corrected by adding "and
without calling" after the words "in a row."
MOTION:
Member Hatch MOVED to add "and without calling" after the word "row" at Item 7a.
Member Nelson SECONDED the motion. There were no objections. 80 ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None.
ITEM 5: OLD BUSINESS
S-ae
Discussion -- Summer 2005 Flowerbed Review
Director Frates reviewed information included in the packet and requested the
members to indicate any changes necessary, otherwise the order would remain as it
was for the past summer.
A general discussion followed. Comments noted were:
· Brown is working with the Kenai Rotary Cub to purchase a bench to be
placed at the Rotary flower bed and suggested eight to ten orange Queen Trollius be
placed there as well.
· General landscaping for the old library building take place next summer.
· Hollyhocks and coleus be purchased for placement at the visitors Center.
· Plantings for placement in the circle planters at the Holiday gas station
and Arbys was discussed.
The membership recommended adding hollyhocks, orange trollius and yellow daisies
be added to the purchase list as well as placement of rocks on the front side of the
Rotary bed to serve as a border.
Dtsemssiem-- Anchorage Site Visit
It was noted, a visit of the Anchorage beds was too late for this year but could be
discussed again in the spring.
ITEM 6:
NEW BUSINESS
Discussion-- Meeting Schedule
Frates reviewed the information included in the packet and discussion took place on
the most advantageous time for the Committee to meet with regard to their work.
MOTION:
Member Hatch MOVED to meet March, April, May, June, July, August, September,
and October. Member Dimmick SECONDED the motion. There were no objections.
SO ORDERED.
Discussion-- Summer 2006 Flower Purchase
Frates reported his desire to establish the 2006 flower list in order to pre-order the
flowers in an attempt to get a small discount and purchasing from the local nurseries.
He noted, most of the national flower markets, including the locals, have gone to larger
pot sizes and larger plants, which cost more. Other concerns are blooming times, pick-
up times and other necessary criteria.
The
membership recommended using the new flower list and pre-ordering for next
season.
ITEM 7: REPORTS
Committee Chair-- No report.
BEAUTIFICATION COMMITTEE MEETING
OCTOBER 11, 2005
PAGE 2
7-b. Parks & Recreation Director-- Frates reported the job openin§ for the
groundskeeper position. He also noted, four Canada red cherry trees would need to be
replaced at the blue Star Memorial Greenstrip.
Kenai City Council Liaison -- No report.
ITEM 8:
(~UESTIONS AND COMMg'-NTS -- None.
.ITEM 9:
PERSONS NOT SCHEDULED TO B~ H~-A~- -- None.
ITEM 10_.' INFORMATION
lO-a.
City Council Action Agenda of September 7 and 21, 2005.
ITEM 11-
ADJOURNMENT
The meeting adjourned at approximately 7:45 p.m.
Meeting Summary prepared by:
Carol L. Freas, City Clerk
BEAUTIFICATION COMMITTEE MEETING
OCTOBER 11, 2005
PAGE 3
NAME:
cITy OF KENAI.
"Village witit a past-- City with a future.
BACKGROUND AND PERSONAL DATA-
CANDIDATES FOR APPOINTMENT COMMITTEES AND
COMMISSIONS
Resident of the City of Kenai?
Residence Address _~ (~ ~
How long?
Mailing Address
Home Fax No.
Business Fax No.
EMPLOYER:
Current membership in organizations: ~-~~ 6
~~ Home Telephone
'2~ "~ ~ ~ ~.~ ~ Business Telephone No _ '2~ Z -
Email Address' l~~ ~ ~~/~~~
Pa~t organizational/memberships:
-
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
WHY DO YOU, TO BE WITH THIS COMMISSION O COMMITTEE?
WH~T BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD,
COMMISSION OR COMMITTEE MEMBERSHIP?
KENAI, ALASKA
October 3, 2005
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
www.ci.kenai.ak, us
American Legion Post//20
P.O. Box 1044
Kenai, AK 99611
KENAI SENIOR CENTER KITCHEN RENTAL
At its meeting of September 21, 2005, the Kenai City Council unanimously passed
Resolution No. 2115-2005 appropriating funds for the rental of your kitchen during
the remodeling of the Kenai Senior Center kitchen.
The Kenai City Council, administration and especially the Kenai Senior Center thank
you for making your kitchen available to us during the remodel project. You are well
aware of the importance of continuing the Center's meal programs that serve so many
of our areas' seniors. And, your offer to return $90 of the daily rental fee to the Senior
Center upon the completion of the remodel project is not only very generous but is a
testimony to your organization's benevolence and support of our community.
On behalf of the Kenai City Council, Administration, area seniors and employees
thank you very much! '
CITY O~NAI
Pat Porter
Mayor
PP/clf
OF
DEPARTMENT OF
COMMERCE
COMMUNITY AND
ECONOMIC DEVELOPMENT
DIVISION OF COMMUNITY ADVOCACY
Frank H. Murko~vski, Governor
October 6, 2005
CERTIFIED/RETURN RECEIPT REQUESTED
7003 2260 0000 7308 4075
Pat Porter, Mayor
City of Kenai
210 Fidalgo Ave., St. 200
Kenai, Alaska 99611
RE: 2005 FULL VALUE DETERMINATION
Dear Mayor Pat Porter:
As required by AS 14.17.510 (Public Schools Foundation Program) and AS 29.60.010 (State
equalization of tax resources for municipal services), the Department of Commerce,
Community, and Economic Development has determined that, as of January 1, 2005, the full
and tree value of taxable real and personal property within your municipality is as follows:
Real Property:
Personal Property
State Assessed Property (AS 43.56)'
$403,927,700
$106,094,500
$16,541,246
TOTAL:
$526,563,446
This full value determination may be appealed administratively by you within fifteen (15)
days of receipt of this notice under the provisions of 19 AAC 30.092. In addition, AS
14.17.510 also allows for judicial review of the determination. If you have any questions
concerning this full value determination for 2005, please contact our office at 269-4605.
Sincerely,
Steve Van Sant
State Assessor
550 W. 7th Avenue, Suite 1770, Anchorage, Alaska 99501-3510
Telephone: (907) 269-4501 Fax: (907) 269-4539 Text Telephone: (907) 465-5437
Email: questions~commerce.state.ak, us Website: http://www, commerce.state.ak.us/dca/
THE BUZZ AROUND BRANDING
U-nderstanding the who, why and
how of marketing'$ hottest trend
Don R. McEachern, Jr.
What adjectives do tourists, residents
and businesses use to describe your
city? What are you known for? Is there
a "buzz" around your community? In
other words, what is your brand?
Once the sole jurisdiction of retail
products like cola or beer. branding is
now being embraced by municipalities,
communities, states and provinces alike.
Experts on the subject are coming out
of the woodwork; companies have
emerged with the sole purpose of brand-
ing communities; and articles on brand-
ing fill the pages and airspace of
magazines and the internet.
Despite its growing popularity, many
community leaders are secretly scratch-
ing their heads wondering, "~hat ex-
actly is branding." Better yet, "Does my
municipality really need a brand?" And,
finally, "Whose job is it, anyway?"
Excellent questions, all.
Destination Branding
Destination branding is the newest,
well, "brand" of marketing. Think of it
like a literal brand that marks a commu-
nity with a certain image conjured up at
the mere mention of the city's name. Its
goal is clear: an appealing brand (and
yes, some are not so
appealing) can help
communities eom-
Branding for the future- The City of London, (')nlario has adopted a plan to poSition itself
as a 'creative city." See the sidebar on laagc' 2.5. Photo: City of London.
pete for visitors, economic develop-
ment, residents, the creative class, thc
aris, a better education system - every-
thing that makes a city profitable and
desirable.
At its best, a destination's brand
hones in on the city's edge, creating an
emotional connection with people that
makes them want to spend their money,
their time, even their lives there. At its
worst, a brand works so hard to say ev-
erything and appeal to everyone that it
leaves no impression at all.
So, does your community need a
brand? Only if it wants to compete-
and win- in today's increasingly
Don R. McEachern, Jr., President of North Star Brand Strategies, com-
bines research, strategy and creativity to help communities discow.r
their optimum brand positioning and leverage their equity in thai
brand through initiatives and communications. He can be reached
< don@northstarideas.com >.
crowded destination marketplace.
Where you once battled with the other
provinces and cities for resources, you
must now compete with the world in the
21" century.
I.rnm Insighls to Inspiration
While there are several approaches to
building a brand (some more involved
than others), the process generally in-
volves four steps:
Understanding- Research that helps
a destination determine the characteris-
tics that makc it unique for its citizens,
potcntiaJ tourists, visitors and prospec-
tive businc.qscs.
Insi#htv. A phase during which the
research is applied to the challenges
lhced by thc destination and a clear pur-
pose or strategy is outlined.
Imagination - The creative phase
where insights morph into inspiration.
Municipal World
SEPTEMBER 2005 23
sion, the actual community is critical to
advancing that vision. Hume concurs,
"In London, the municipal government
was the catalyst for change. Our work
is now done, but that work is the start-
ing point not the end. From here the
community must step forward in a
larger sense and take ownership over
the ideas. Hopefully, bigger, better
ideas will result."
Different Needs, Different Leads
Despite the necessity of government
involvement, it is not mandatory for
municipal government to spearhead the
branding initiative.
Branding is often conducted by the
public agency or entity with a specific
branding need. For example, if your city
needs to attract more tourists, the desti-
nation marketing organization (i.e. de-
partment of tourism, convention and
visitors' bureau [CVB]) usually takes
the reins. A good example of this is Pi-
geon Forge, Tennessee, a city so wholly
defined by its tourism efforts and dol-
lars that it wouldn't make sense for any
agency other than the department of
tourism to manage its branding. Mobile
Bay, Alabama is another example of a
city whose branding was the brainchild
of its CVB. In that case, the tourism
brand was so powerful other city
agencies adopted it.
If enticing business to your commu-
nity is the primary goal, then the depart-
ment charged with economic develop-
ment often leads the effort. This was the
case in Bay City, Michigan, a small
community of 30,000 that was strug-
gling with the loss of many high-paying
labour jobs. The economic development
council initiated a branding campaign to
raise residents' morale, attract new busi-
ness and help right the city's
floundering job ship.
In some cases, several entities may
work together on a branding project. As
the fastest growing city in the United
States, McKinney, Texas was projecting
diverging images as a result of its rapid
growth. Rather than use a shotgun ap-
proach, McKinney pulled businesses,
residents, government, tourism and eco-
nomic development together to develop
a marketing strategy that every facet of
the community uses to pro-actively pro-
mote themselves. This campaign took
shape under the direction of the city's
director of marketing and
communications.
Clearly, branding is not a
one-size-fits-all process. You may be
starting fi'om scratch or merely refining a
brand that has successfully defined your
community for years. You may be sa'iv-
ing for tourists, clamoring for the creative
class or struggling-to attract new busi-
ness. Your brand campaign may involve
the entire city or a single public agency.
Regardless of its final form, branding is
more than the marketing buzz word of
the day; it is more than a tagline or ad
campaign. A strong brand is the best of
your city. It is a revenue-producing asset.
And, trite as it may sound, it is vital to
compete and win. :\
Organic Recycling"/t'
Toronto
Markham
Niaoara
'eet.
Town of M~rkh~m ~
1
:..,- ~ i: www. no~emanplasUm.mm
' " - 1-800-267-4391
PLASTICS
SE~PTI~MBER 2005
Municipal World
'The end result is tangible and consistent
communication concepts (positioning
lines, logos, ads, attitudes, public rela-
tions, websites, outdoor boards, etc.)
and strategic initiatives (civic awards,
architectural guidelines to redevelop-
merit, way-finding systems) that support
the strategy.
Delivery- Everyth~g leading up to
this point is a promise to the consumer
-of fun or creativity or safety or charm
- and none of it means anything if the
destination can't deliver.
Role of Government
Despite the almost formulaic steps
that define a solid branding campaign,
more than a few communities are in-
vesting big marketing dollars in brand-
ing efforts that yield limited results. For
many of these destinations, the problem
is a lack of leadership from municipal
"The largest water quality conference in North America."
"La plus grande confdrence sur la qualitY, de I'eau
en Am~,rique du Nord."
TOPICS DISCUSSED LES SUJETS
INCLUDE: DiSCUTES INCLUS:
· monitoring and detection · techniques analytiques
techniques et m~thodes de d~tection
· treatment processes · proc~d~s de traitement
· disinfection by-products · sous-produits de d~sinfection
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· organic and inorganic · contaminants organiques
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· technical sessions · sessions techniques
· special topic sessions · sessions sp~ciales
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· in-depth and interactive · ateliers int~ractifs
workshops sur des sujets pointus
· technical facility tours · visites techniques
FOR MORE INFORMATION, VISIT WWW. AWWA. ORG/CON~ENCES/WQTC
American Water Works
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The Authoritative Resource on Safe Water'
Advocacy
Communications
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Education and Training
Science and Technology
Sections
84
government. Others develop visions
that fail 'to include the voice of the con-
sumer/community, a necessary step in
order to reflect a balanced reality.
It is critical that government leaders
be involved for a number of reasons.
First, to be effective, a city's brand must
be incredibly far reaching. Branding is
more than a tagline. It must infiltrate
every nook and cranny of the commu-
nity- from the psyche of service pro-
viders to signage, from marketing ef-
forts to education, from residents' atti-
tudes to leadership decisions. Your city
becomes a literal canvas for reflecting
the brand. Painting your logo on the
city's water tower is an obvious exam-
ple. A less apparent application is the
use of themed artwork in the vacant
storefronts of redeveloping areas. Both
are city property. So, without the okay
of government leaders, the brand
message will never make it to the tank
or the storefront!
In the case of London, Ontario, the
city's metamorphosis to a "Creative
City" began with the construction of a
state-of-the-art entertainment complex
downtown. (For more on London's Cre-
ative City initiative see sidebar.) "We
now attract the types of entertainment
and sporting activities that can create a
buzz about London," explained Gord
Hume, City Controller. "But building
the entertainment complex was not
without controversy. It could not have
been accomplished without leadership."
Municipal leadership also can use its
authority to keep branding efforts from
becoming bogged down "in commit-
tee." Branding is not about compromise
or even consensus. It is about determin-
ing the strong singular message that will
define your community. It is about cre-
ativity and yes, even risk. When all the
sub-voices within a community clamor
to contribute their two cents regarding
the brand message, too often the end re-
sult is watered-down pabulum. Strong
leadership can help navigate the brand
through the rough waters of special
interest subgroups.
Finally, while community leaders
must guide you in determining the vi-
BRANDING, cont'd on p. 26
SEPTEMBER 2005 Municipal World
MEMORANDUM
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
TO'
Charles M. Kopp, Acting City Manager
FROM' Jack La Shot, Public Works Man~
DATE: October 13, 2005
SUBJECT: Underground Storage Tank
It has come to our attention that an UST exists on one of our airport lease
properties. The lessee has said that the City is responsible for the tank, as it
was them at the time he leased the property with the existing building. We
do not know the size or condition of the tank at this time, but have a cost
proposal from Amedcan Environmental of $7100 to remove the tank, do
testing, data analysis, and prepare reports. As this proposal assumes no
contamination associated with the tank, overall costs could be hiqher. We do
not have mason to think the tank is leaking, however, it is always' a
possibility.
American Environmental
UST Removal
Task Order No: 10/12/2005
Task Order Name: UST Removal
Change Order No: 1
Change Order Name: Field Investigation
Unif No. of Line Cost
Task Rate Unit Units Labor Eq~p ODCs
Field Activtfles (see affac~ planning schedule for details)
Labor $835
Equipment $655
Direct Costs $2,580
Data Analysis and Reporting
total
total
total
Senior Review $95 hour
Enginer Tech $55 hour
Technical lllusffaflon $55 hour
Reporf Expendables $25 report
Reproduction $25 report
Projeot Mem~jement
PM/Coordination $85 hour
*Miscellaneous $500 total
3
25
6
4
4
4
1
Total Costs
$835 $0 $0 $835
$0 $6~ $0 $655
$0 $0 $2,580 $2,580
$285 $0 $0 $285
$~,375 $0 $0
$330 $0 $0 $330
$0 $~00 $0
$3~ $o $o
SUbtofo/s
$4,070
$2,190
$840
$a,165 $855 Sa,OliO $7,100 $7,100
*Miscellaneous costs Include taxes, accounting, telecommunications, etc.
UST Cost Est
·
~ 0
KENAI POLICE DEPARTM]
107 South Willow Street Kenai, AK 99611
Tel. (907) 283-7879
Fax (907) 283-2267
TO: Mayor and City Council
FM: Chuck Kopp, Chief of Police
RE: September 2005 Department Report
DT: October 14, 2005
In September, the Kenai Police Department responded to 632 calls for service, and investigated
691 criminal and civil offenses. The Emergency Communications Deparmaent answered 134
e911 calls.
Kenai Police Department made 116 arrests for misdemeanor and felony offenses. Officers wrote
397 investigative reports, and issued 256 traffic citations. The department investigated 9 motor
vehicle crashes, for a total of 110 year to date. Significant training and other events are
highlighted below:
September 6t~: David Forster was sentenced to 101 years for the murder of Officer John Watson.
September 12t~: Sergeant Sandahl participated in the KSRM Radiothon fundraiser for the
LeeShore Center. Sgt.
Sandahl gave commentary on law enforcement's response to domestic violence and sexual
assault.
September 23-29- ChiefKopp attended the Intemational Association of Chiefs of Police
conference in Florida.
September 23ra: Kenai Police Department provided traffic and crowd control for KCHS
Homecoming Parade and bonfire.
September 26-30: Officer Ben Langham attended an Alaska State Mental Health Board
sponsored Crisis Intervention Training seminar. Crisis Intervention Training (CIT) programs are
designed to educate and prepare police officers who come into contact with people with severe
mental illnesses to recognize the signs and symptoms of these illnesses, and to respond
effectively and appropriately to people who are experiencing a psychiatric crisis.
KENAI POLICE DEPARTMENT
September 25-28' Officer Trish Gordon attended a federally fimded seminar on Weapons of
Mass Destruction, dealing with threat assessment and intelligence gathering, threat prevention, as
well as response and mitigation.
Kenai Police Officers are active with non-profit board volunteer service on their own time.
Crimestoppers, Youth Court, Domestic Violence Sexual Assault Task Force, SART/SANE,
LeeShore Center, Youth Detention Facility, Explorer Post g460 and Alaska Peace Officers
Association are a few of our community agencies that benefit from our officers volunteer hours.
INTEROFFICE MEMORANDUM
Date: October 12, 2005
To' City manager
From: Fire Chief Tilly b~
Subject: Midmonth report
I FIRE
R
Runs for the timeframe of 9-13 through 10-12.
Run total for the year 950 runs
Total last year at this time 928 runs
Summary of activities for last month:
Hosted department training with the sponsoring physicians for continued EMS
training.
SpOnsored department training on vehicle and bus extrication techniques
Proctored (3) three fire extinguisher tests
Recertified 1 member as a car seat techn/cian (total number of seat technicians in
the department is (5) five)
Hosted a Safe Kids car seat check at Station 1
Attended KCHS bon-fire
Three members attended "Advanced ARFF" class at PRISM
Two members are involved with the "Aspirations" program at the high school
mentoring KCHS kids.
Had three members attend the Sate Fire Fighters Conference
Did Airport fueling inspections
Did medical standbys for 4 football games
October 1 st we started Fire prevention month with school visits and tours. "Use
candles with care" is this month's motto
Set up an information booth at Home depot for fire prevention
Participated with the Challenger learning center's "lunar drop" test
Had (2) members attend a Pediatric Advanced Life Support Class
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
KENAI, ALASKA
]~/]~/~~
MEMORANDUM
To: Chuck Kopp, Acting City Manager
From: Andy Vamer, Econ. Dev. Projects Coordinator
Date' October 11, 2005
RE' Monthly Report
I am heading into my final month on the VISTA project. November 10th will be my last day. I
have had a very educational and productive year in Kenai, and I've enjoyed working with
everyone in the City of Kenai. So, thanks for the support and encouragement.
The KEDS Action Team had a meeting on October 10th, and here are some of the topics
discussed:
The group would like to explore zoning issues more within the City that are best suited for
economic development. Both the Business Development and the Infrastructure committees plan
to look at areas that would be ideal for businesses. The BD committee will also continue to
focus on real estate and property issues affecting business in Kenai.
The Education & Workforce Committee intends to contact KPC and AVTEC to examine the
possibilities of locating some education programs in Kenai. In addition, the committee will tour
some different facilities within the city to see if there is adequate space/technology for classes.
Bill Popp gave a presentation on areas of need for education and workforce training for the
area's furore, and the group will try to address those needs (ie construction, mining, safety).
Thc Tourism Committee continues to address thc marathon idea, which has spun off into a
eparate meeting group. The tourism folks are also exploring a possible AAA rating system for
otel/B&Bs in Kenai, and using the Arctic Winter Games' inventory of accommodations in the
area as a good provider of what we have for room availability. The committee will continue to
examine more festivals and events for Kenai.
The Quality of Life Committee wants to find strategies to attract more young people to Kcnai,
and to build a strong sense of community. The group has discussed having a Volunteer
Appreciation gathering, or philanthropy fair, something to let community members know how
much time and effort people give to Kenai.
The Acting City Manager and I have applied to thc DCCED for a third VISTA year, and things
are looking positive.
Page 1 of I
Klm Howard
From: Linda McNair
Sent: Tuesday, October 11, 2005 10:54 ,AM
To' Klm Howard
Subject: 9-2005 stats + report
The Kenai Community Library is busy getting families ready for the academic year. We had lots of new library
cards issued and that continues as we have more and more school age children in the library after school.
Internet access use has not slowed down. Even though we no longer have travelers, workers and international
visitors, internet access continues to be an important part of library use for homework, information and
entertainment.
A grant from the Friends of the Library was awarded to the Library to enable us to have the Kenai Performers
come to the library with monthly performances. In September their company did "Cinderella Tales from around the
World". The library had a standing room only audience for the performance and everyone was well entertained.
The Library had a grizzly bear presentation by author Nick Jans author of "Grizzly Maze: Timothy Treadwell's fatal
obsession with Alaska's bears". There were about 40 adults here to hear his presentation. Mr. Jans was very
knowledgeable and had a slide show to accompany the talk. After the presentation he answered questions and
autographed books.
The Library, in parternership with the Friends of the Library was awarded a grant from the American Psychiatric
Foundation for $5,000. The funds will be spent to update the library's mental health collection. Julie Niederhauser
will be also be arranging for speakers in the Mental Health field to present monthly at the Library beginning in
October and continuing though the year.
10/11/2005
Kenai Community Library
163 Main Street Loop
Kenai, Alaska 99611
REPORT FOR September, 2005
CIRCULATION Adult Juvenile
Fiction
Non-Fiction
Periodicals
1848
1429
81
472
209
Intemet Access Music Misc. Puzzles Videos
1342 125 1 9 897
DVD
435
Total Printed Materials ............... 5395
Total Circulation ....................... 8414
PAC Searches ........................ 6403
Easy Books
1100
256
Audiobooks
210
ADDITIONS Docs Adult Juvenile
Easy Books
Girls 1 80 6 23
Purchases 66 19 19
Total Additions ........... ' ............. 248
AV
34
INTERLIBRARY LOANS
Ordered Received Returned
Books 23 24 21
INTERLIBRARY LOANS BY OUR LIBRARY ........... 56
INTERNET USE ......... 1342
VOLUNTEERS
INCOME
Number .....11
Total Hours .....154
Fines and Rental Books
Xerox
Lost or Damaged Books
1,150.80
322.75
177.40
Total Income for September, 2005 ...............$1,650.95
Library Cards Issued
Kenai
65
Cooper Landing
Kasilof
Nikiski
Soldotna
Sterling
Other
Total
24
22
l0
128
Library Patronage .......
Adult Programs ..........
Childrens Programs ......
Family Programs .........
7,944 Persons 60 Persons
189 Persons
157 Persons
Monthly Report For
October 19~ 2005
Keith Komelis~ Public Works Manager
Town Clock_.- We are continuing to receive generous donations for the Kenai City Town Clock. Conoco
Phillips is working, on the tower and structuro that will hold the clocks. Celia Andemon, local artist and KPC
instructor, is working with the welding fabricator. Electdc Time Company said the clocks will be completed
O~ober 28. Carlile Transportation is shipping the clocks from Medfield, MA, to Kenai.
USFWS Grant_.- The USFWS has requested a design change for the culvert replacement on Boat Launch
Road. They want the city to mplaco the 5' culvert with an 8' or 10' culvert. This will be a ver~ large inm'~a,~
in project cost, but they are willing to increase the grant to $25,000. I am asking Nelson & Associates for a
new design proposal to incorpomto USFWS roquest. Even w~th our 50% match, we may be short on funds.
New Well House 4.'_ The 40 day arsenic removal pilot study by West Coast Filter has failed. Not only could
they not reduce the arsenic below the maximum containment level of 10 parts per billion, but also arsenic
came off the filter media in high doses. This is worse than not treating at all. We are still working with
Nelson and G.V. Jones on other treatment systems. Filtronics and Severn Trent, treatment companies, are
looking at how they could remove arsenic from our water. DEC has told me that the city can get a 3-year
extension to meet the new arsenic MCL. The city and its consultants are considering different alternatives.
There is some new technology for color removal that we am also looking at for water treatment at Well
House No. 2.
Lawton Water Main F~ension to WH 4: This project has been designed and we have a permit for winter
constru~on. However, w~ will hold off on this project until the amenic treatment problem is solv~l. We am
considering extending this water main down Beaver Loop to Well House 2.
State Le;islative Grant- Joint Municipal Water & Sewer System Analysis: This $50,000 grant is tc
"Updat~ and Improve the City of Kenai Water System Study w~th consideration for extending the s~t~m to
neighboring areas." It will be used to update Nelson's Water System Study dated March 28, 1994.
Boatin~ Facility Launch Ramp: This grant, from the state, is for adding two new launch romps. Nelson
has completed the design. We am working wRh the Corps on the n~ded permit and conditions for
construction. I have added the replacement of the fender piles, where needed, along the concrete dock to
this project The funds for f~nder pile replacement am in our operating budget.
Boatin; Facility Exit Road & Sale of City Wetlands: The city is finalizing the land trade with The
Conservation Fund for the boating fa~lity exit road. Them has I~en no money appropdat~l to con~~
this exit road; however, the recently received state grant for roads could be used. I am not sure where the
council is on the consideration of .~ale of citT-o~~ wetlands to The Conservation.
Set Net Drive & McCollum Orive I Aliak _Drive L!_n: I have completed the Set Net Preliminary Assessment
Roll, Information for Public Headng, and Preliminary Cost E~mat~ for the proposal proj~-'t. The Public
Hearing is set for November 2, 2004. The McCollum/Aliak special assessment petition was presented to
coun~l on Sept~ml~r 16, 2005. I am working on the report to council for the November 2, 2005 m~fin~.
New Street Li!:lh~: Public Works in compiling a list of requested new streetlights.
.K, enai River Special Manac~ement Area- I have been attending the KRSMA board meetings.
D,OT: I am working with DOT on the (Arctic Winter Games) grant for the driveway exit at the Airport
Operations Fa~lity. I am also working wffh DOT on co~e~ng the ~ate signs that show miles to Kenai.
KENAI. ALASKA
To:
From:
Date:
RE:
Charles M. Kopp, Acting City Manager
Robert J. Frates, Parks & Recreation Director~
October 13, 2005
Monthly Report- Sept. 2005
September remained a busy month for the Parks & Recreation Department. Mowing of tuff
continued all the way through September. Seasonal park facilities were winterized and closed,
irrigation equipment winterized and put away, city yard cleaned up, and playground inspections
performed.
Contractors completed most of the work at the MPF. Warming shacks were also finally
completed and set on concrete pads behind the facility. The shacks received new benches and
interiors painted by stuff and community service volunteers. Electrical components were
replaced in the score clock, overhead lights replaced as needed, banners put up and lexan
installed on a few dasher boards.
Ice, installation began on September 26ta as scheduled. White ice paint was once a ain
ana ~ogos installed. North Pe ' · g applied,
nmsula Recreation sponsored a hockey camp October 3~a- 7ta and
had a good turn out. Zam machines were both overhauled by Shop personnel this fall and have
been working exceptionally well.
The Director met with various other community members on matters concerning the Chamber's
Christmas Comes to Kenai activities, as well as some preliminary meetings concerning a
possible marathon nm next summer. The Director also met with the Kenai Kennel Club
representative concerning matters ora possible dog park at Sect. 36. Preliminary plans were
presented to the Parks & Recreation Commission, however, an overall outdoor complex site plan
needs to be further developed before any recommendations with respect to a dog park can be
made.
The Parks & Grounds Assistant position is currently vacant and the department is currently
soliciting applications. Summer employee John Brandenburg elected to remain on board until
this position can be filled.
MEMORANDUM
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX g07-283-3014 ~
TO'
Charles M. Kopp, Acting City Manager
FROM' Jack La Shot, Public Works Manag~7~
DATE. October 13, 2005
SUBJECT: Department Report for Council meeting of October 19, 2005
A current Public Works bid information sheet is attached and will be
included as an information item for Council. Also included am the
quarterly activity reports for Planning and Zoning and the Building
Department.
The Planning and Zoning meeting of October 12, 2005 was canceled due
to lack of a quorum. Two members have resigned and one is taking a
lengthy absence. One application for appointment of a new member is in
the packet. One mom will be needed. '
The new bleachers for the Multi-Purpose Facility, as of this date, have not
amved. We will arrange for installation when they do arrive and can be
inspected. We may have a PO for installation pdor to the meeting for
approval, but it doesn't look like it will be in the packet.
nal
Municipal Airport
Al[/lrport Manager's
onthly Report
October 12, 2005
Short Term Vehicle Parking: We continue to work on improving signage and
information in the short-term lot. The most common complaint is that customers do not
always have the correct change. Many of the users of the short-term lot are repeat
users; therefore, we have developed a coupon booklet that should provide a viable
option to frequent travelers. Each book will contain ten coupons similar to those
pictured below.
Notes:
Municipal Airport
$2.00
Parking Coupon
Valid for Short-term or Long-term
Parking Lots
Not redeemable for cash
The coupon will tear off and be deposited in the appropriate slot in short term parking or
may be used in the long term parking envelopes. Several of the larger businesses
have expressed an interest in purchasing these coupon books for employees that travel.
We also believe some of our frequent flyers will find this convenient. Coupon books
are printed locally and should be available for purchase on or before October 20.
AWG Driveway Project: The new driveway at the Operations Facility is complete. The
project constructed one additional ddveway at the north end of the parking lot. The new
configuration works as a cimular driveway increasing accessibility for maintenance and
emergency operations. This was a joint project with AWG where the airport crew
supplied labor and equipment to excavate and build the subbase and AWG funded the
top course and Paving.
Planning Project: The supplemental master planning project is moving ahead with the
next meeting scheduled for October 25 at 6 pm in Council Chambers.
MEMORANDUM
To.'
From:
Date:
Subject:
Chuck Kopp, Acting City Manager
Larry Semmens, Finance Director~~
October 14, 2005
Monthly Report
The financial statement audit field work was completed this week by
Mikunda Cottrell and Co. The audit went well.
For the year ended 6/30/05 the General Fund had a surplus of $121,000,
which is almost $100,000 more than the projection made in the FY 2006
budget document. When compared to the final adjusted budget, expenditures
were under budget by $580,000 or 6.2%, while revenues.were about
$454,000 over budget. Encumbrances at year end were $197,000. The
Comprehensive Annual Financial Report will be presented to Council at the
November 2 meeting.
The finance department will be sending notices to non-metered commercial
water and sewer customers that pay on a flat rate basis to suggest that the
customer consider installing a meter. We will also inform the customer of
the basis for the flat rote that they are being charged. The City does not
audit commercial customers to insure that the flat rote being charged is
appropriate. We do not know, for example, if a restaurant actually has the
seating that the water and sewer rates are based upon. This system
sometimes produces large negative surprises for non-metered commercial
customers. Meters would solve the problem and apparently in many
instances would result in lower charges.
The finance department is also working with Wells Fargo to upgrade our
banking services to provide more protection against check fraud. Check
fraud is very common and can result in substantial losses to the account
holder. In many fraud cases banks have not had to cover the loss because
the account holder did not take all reasonable steps to prevent check fraud.
The major component of our new services will be 'Positive Pay' which
requires the City to send a list of checks written to the bank and for the bank
to verify that every check presented for payment is on our list. There will be
an increase in the cost of banking services but it is justified.
MEMORANDUM
To:
From:
Date:
Subject:
Chuck Kopp, City Manager
Racha¢l S. Craig, Senior Center Director
October 13, 2005, 2005
September 2005 Monthly Report
Total number of days rented in September 2005'
Total Meal Count for September 2005: 2,830
Total Congregate Meals Served: 1,390
Total Home Meals Served'
Total Non-Senior Meals-
September 2004 Meals Served.
Total Congregate Meals Served:
Total Home Meals Served:
Total Non-Senior Meals:
1,428
12
2,487
1,417
1,059
11
0 (due to kitchen construction)
Volunteers donated 975 service hours for the month of September.
Joel Neimeyer, P.E., program officer from Rasmuson Foundation was here for a site visit
on Tuesday, September 13. He photographed the kitchen space and outside construction
area. He stated our kitchen project was going very well. He also toured of the Senior
Center and Vintage Pointe, afterwards met with director to discuss senior issues within
the state. He stressed the importance of collaboration of agencies.
The administrative assistant attended Medicare prescription drag coverage "train the
trainer seminar. She gave her first seminar introducing the information to 20 seniors.
She will be conducting a workshop each month until January. The Medicare prescription
drug benefit is a valuable new savings option for seniors, particularly those living on a
limited income. Beneficiaries, who currently have either limited insurance coverage to
help pay for pharmaceuticals, or no coverage whatsoever, will now be able to receive
prescription drag coverage through Medicare. A study released 1st month by the national
Medicare Today partnership and performed by the Price WaterhouseCoopers global
accounting firm, showed that many seniors will receive extensive savings through the
new Medicare drug coverage. The study showed that there are four million low-income
Medicare beneficiaries in America today who have no form of prescription drag
coverage. These beneficiaries are currently paying on average $1,095 annually out of
their own pockets for their medications. Once enrolled in a Medicare prescription drag
plan, out-of-pocket costs will drop to only $130 next year. For seniors not classified as
low-income, out-of-pocket spending will decline from $1,550 per year to $863.
We had a very successful garage sale. It was held for four week days in a two week
period.
The Senior Center has a human service practicum student fi'om KPC. She is working 125
service hours towards credit for her class. She has formed a walking group that walks
Monday, Wednesday and Thursday. The class is keeping track of miles walked besides
having short weekly seminars on nutrition and diet.
City Manager
From:
Sent:
To:
Cc:
BradMeiklejohn@aol.com
Tuesday, October 18, 2005 11:42 AM
City Manager; Kim Howard
Keith Kornelis
Subject: Proposed Sale of City Wetlands to The Conservation Fund
Chuck,
I got your message regarding the new city council and we are comfortable with your revised schedule
for responding to our offer by November 30, 2005. Please advise whether my presence is requested
at any of the meetings to discuss the particulars with the Council.
Sincerely,
Brad Meiklejohn
Alaska Representative
The Conservation Fund
2727 Hiland Road
Eagle River, Alaska 99577
(907) 694-9060/9070fax
ww. _w_:c0nservation fund.org
The Conservation Fund
,
Rated A +- The Top Environmental Non-Profit in the .Nation - by the
American Institute of Philanthropy
Notice: This email message, including any attachments, is for the sole use of the recipients to whom it is addressed, and may contain
information that is proprietary, privileged and/or confidential. If you are not the intended recipient, please contact the sender by reply
email and delete the original message without making any copies. If you are not the intended recipient, unauthorized review, copying,
use, disclosure, or distribution is Improper and may be subject to legal sanctions. Although this e-mail and any attachments are believed
to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility
of the recipient to ensure that it is virus free and no responsibility is accepted by The Conservation Fund for any loss or damage arising
in anyway from its use.
10/19/2005
KENAI. ALASKA
210 Fidalgo Avenue, Kenai, Alaska 9961;-,, ~.,
Telephone: 907-283-7535 / FAX: 907-283-3014
MEMo:
1992
TO'
Mayor and Council
FROM' Chuck Kopp, Acting City Manager
DATE:
October 14, 2005
SUBJECT:
Wetlands Sale Discussion
On October 12, 2005 the City of Kenai received an email from Alaska Conservation
Fund Director Brad Meiklejohn. Meiklejohn reviewed the City Council minutes of the
September 7, 2005 meeting and realized there was a mistaken impression that the Council
had one year to decide on the Conservation Fund offer to purchase City wetlands. He
clarified that the Conservation Fund had to complete any potential transaction by August
22, 2006 or they would lose the funding available for the transaction.
Meiklejohn asked that the City of Kenai respond to him no later than October 3 I, 2005
regarding the Conservation Fund offer to purchase wetlands. I lef~ a message for
Meiklejohn, asking that the City be able to reply by November 30, to provide our new
Council members opportunity to review the attached information concerning wetlands,
and discuss the issue with Council members and the public.
Please review the attached City Attomey's 9/15/05 memo to council concerning
Conservation Easements. I plan to bring this item to the attention of Council as a
Discussion item at the November 2, 2005 Council meeting.
Page 1 of 1
City Manager
From: BradMeiklejohn@aol.com
Sent: Wednesday, October 12, 2005 10:33 AM
To: City Manager; Cary Graves
Subject: Proposed Sale of City Wetlands
Dear Sirs,
In reviewing minutes fi'om the City Council meeting on 9/7/05 it appears that I need to correct a
mistaken impression regarding our offer. The Conservation Fund must complete any potential
transaction by August 22, 2006 or we will lose the funding that we currently hav-e available. In our
experience even the simplest transactions can be quite time consuming.
We have recently received inquiries from property owners whose properties are of conservation
significance'to us. While our first preference remains the wetlands owned by the City of Kenai, we
may need to switch to another project rather than risk losing the funds altogether.
I ask that the City respond to me no later than October 31, 2005 regarding our offer to purchase
wetlands.
Sincerely,
Brad Meiklejohn
Alaska Representative
The Conservation Fund
2727 Hiland Road
Eagle River, Alaska 99577
(907) 694-9060/9070fax
www.conservation fund.or[
The Conservation Fund
Rated,4+- The Top Environmental Non-Profit in the Nation - by the
~4merican Institute of Philanthropy
Notice: This ematl message, including any attachments, is for the sole use of the recipients to whom it Is addressed, and may contain
information that Is proprtetaw, privileged and/or confidential. If you are not the Intended recipient, please contact the sender by reply
emil and delete the original meosage without making any copies. If you are not the intended recipient, unauthorized review, copying,
use, disclosure, or dMtrllxffio~ M Improper and may be subject to legal sanctions. Although this e-mail and any attachments am believed
to be free of any virum or other defe~ that might affect any computer m/stem Into which it Is received and opened, it Is the re~xm, tbillty
of the recipient to ensure that it is virus free end no respmmibllity Is eccepted by The Conservation Fund for any loss or damage arising
In anyway from its use.
10/14/2005
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 Porter and Councilors
FROM: ('~' Cary R. Graves, City Attorney
DATE: September 15, 2005
RE' Conservation Easements
The Conservation Fund has proposed buying or acquiring a conservation easement in
approximately 745 acres of wetland property next to the Kenai River. During the last meeting, a
question came up regarding the City's liability for violations of the restrictions in a conservation
easement.
Alaska has adopted the Uniform Conservation Easement Act (AS 34.17.010-060) that establishes
the ability to grant conservation easements in this state. The entity acquiring the easement is the
"holder" of the easement. The city would be the "grantor" oft he easement.
Both the holder and the grantor have enforcement responsibilities under a conservation
easement. The holder has the obligation to monitor the property to ensure the grantor has not
created or allowed any violations of the easement. The grantor is responsible for not creating or
allowing any violations of the easement. If the holder discovers a violation, it can demand the
grantor fix the violation at the grantor's expense. If the grantor does not fix the violation, the
holder can sue to get a court order to require the grantor to fix the violations. The grantor may
also be liable to the holder for damages a violation causes for loss of scenic, aesthetic or
environmental values of the property.
Here's an example. Let's assume a property owner granted a conservation easement to a group
that promised not to log a piece of timbered property. If the property was logged in violation of
the easement, the easement holder could sue to require the property to be reforested by planting
new trees and also for damages to the scenic, aesthetic or environmental values of the land.
I have attached a "Model Conservation Easement" for your information. Paragraph 6 of the
document contains the easement holder's remedies against the property owner for violations of
the easement. I have also included a fact sheet summary regarding conservation easement.
Please let me know if you have any questions.
MODEL CONSERVATION EASEMENT
Natural Lands Trust
(610) 353- 5587
Source:
Diehl, J. and T. Barrrett. "The Conservation Easement Handbook". For. theTrust for Public
Land and the Land Trust Alliance. Washington, DC.
MODEL CONSERVATION EASEMENT
Model Conservation Easement
Note: The boxed numbers inserted in the text of the easement correspond with the subheading numbers in
the commentary that follows.
DEED OF CONSERVATION EASEMENT
THIS GRANT DEED OF CONSERVATION EASEMENT is made this
..__day of 19....._, by
and ~ -'----'-'
address at ' husband and wife, having an
('Grantors"), in favor of
a non profit rstate of incomoratiol~] corporation [qualified to do business in
- " ' '~--' having an address at
,,,
'Grantee"). ~ -
WITNESSETH:
WHEREAS, ~ grantors are the sole owners in fee simple of certain real
property in bC~it ~n a~~~
more particularly described in Ex~i ·
this reference (the "Property');, and
WHEREAS, the property possesses alues (collectively, conservation
values") of gmat importance to Grantors, the people of _[county_. locale,__
or mqiorl] _ And the people of the State of ' ~ and
WHEREAS, in particular, ~ific
v ' ' -' '---'-; ~ and
WHEREAS, the specific conservation values of the Property are
documented in an inventory of relevant features of the Property, dated
Documentation'), which consists of reports, maps, photographs, and other docu-
mentation that the parties agree provide, collectively, an accurate representation
of the Property at the time of this grant and which is intended to serve as an
objective information baseline for monitoring compliance with the terms of this
grant;, and ~
WHEREAS, Grantors intend that the conservation values of the Property
be preserved and maintained by the continuation of land use patterns, including,
without limitation, those relating to '
~ Existing at the time of this grant, that do not
significantly impair or interfere with those values; and
MODEL EASEMENT
WHEREAS, Grantors further intend, as owners of the Property, to
convey to Grantee the right to preserve and protect the conservation values of
the Property in Perpetuity; and ~
WHEREAS, Grantee is a publicly supported, tax-exempt nonprofit
organization, qualified under Section 501(c)(3)and 170(h)of the Intemat
Revenue Code, whose primary purpose is re.q., the preservation, protection.
forested, and/or open s[~ace condition] ; and ,o
WHEREAS, grantee agrees by accepting this grant to honor the
intentions of Grantors stated herein and to preserve and protect in perpetuity
the conservation values of the Property for the benefit of this generation and
the generations to come; ,,
NOW, THEREFORE, in consideration of the above and the mutual
covenants, terms, conditions, and restrictions contained herein, and pursuant to
the lows of !state where property is located] _ and in particular !s_Decific ~
state statutow authority_]_, Grantors hereby voluntarily grant and convey to
Grantee a conservation easement in perpetuity over the Property of the nature
and character and to the extent hereinafter set forth ('Easement"). ,~
1. Pumose. It is the purpose of this Easement to assure that the Property
will be retained forever [predominantly] in its re.o., natural, scenic, historic,_
d I r t f nd/or o n s-- con~liti~n and to prevent any use of
the Property that will significantly impair or interfere with the conservation
values of the Property. Grantors intend that this Easement will confine the use
of the Property to such activities, including, without limitation, those involving
as are consistent with the purpose of this Easement. ,=
2. Rights of Grantee. To accomplish the purpose of this Easement the
following rights are conveyed to Grantee by this Easement:
a. To preserve and protect the' conservation values of the Property;
b. To enter upon the Property at reasonable times in order to monitor
Grantors' compliance with and otherwise enforce the terms of this Easement;
provided that such entry shall be upon prior reasonable notice to Grantors, and
Grantee shall not unreasonable interfere with Grantors' use and quiet enjoyment
of the Property; and
c. To prevent any activity on or use of the Property that is inconsistent
with the purpose of this Easement and to require the restoration of such areas or
features of the Property that may be damaged by any inconsistent activity or use,
pursuant to paragraph 6. ,,
3. Prohibited Use~. Any activity on or use of the Property inconsistent
with the purpose of this Easement is prohibited. Without limiting the generality
of the foregoing, the following activities and uses am expressly prohibited: ,~
[Insert Express Restrictions]
MODEL CONSERVATION EASEMENT
4. Reserved Rights. Grantors reserve to themselves, and to their per-
sonal representatives, heirs, successors, and assigns, all rights accruing from
their ownership of the Property, including the right to engage in or permit or
invite others to engage in all uses of the Property that are not expressly pro-
hibited herein and are not inconsistent with the purpose of this Easement.
[Without limiting the generality of the foregoing, the following rights am
expressly reserved:] ,~
[Insert Express Reservations, if desired]
5. Notice of.Intention to Undertake Certain Permitted Actions. The
purpose of requiring Grantors to notify Grantee prior to undertaking certain
permitted activities, as provided in paragraphs ..... , is to afford Grantee an
opportunity to ensure that the activities in question are designed and carried
out in a manner consistent with the purpose of this Easement. Whenever notice
is required Grantors shall notify Grantee in writing not less than re.a., sixty
!60)! _ days prior to the date Grantors intend to undertake the acuity in- -
question. The notice shall describe the nature, scope, design, location, timetable,
and any other material aspect of the proposed activity in sufficient detail to
permit Grantee to make an informed judgement as to its consistency with the
purpose of this Easement.
5.1 Grantee's ADDrova~. Where Grantee's approval is required, as
set forth in paragraphs ~._, Grantee shall grant or withhold its approval in
writing within [e.g.. sixty !60)]_ Days of receipt of Grantors' written request
therefor. Grantee's approval may be withheld only upon a reasonable
determination by Grantee that the action as proposed would be inconsistent
with ~ose of,this Easement. ,o
_ ..~~.*rantee s Eemedie._,:. If Grantee determines that Grantors are in
violation of the terms of this Easement or that a violation is threatened, Grantee
shall give written notice to Grantors of such violation and demand corrective
action sufficient to cum the violation and, where the violatJon involves injury to
the Property resulting from any use or activity inconsistent with the purpose of
this Easement, to restore the portion of the Property so injured. If Grantors fail
to cum the violation within re.a., thirty (30)] _ Days after receipt of notice
thereof from Grantee, or unde~ c~umstartces where the violation cannot
reasonably be cured within a I'thJrtv (30!] Day period, fail to begin curing
such violation within the [thirty (3011 -Day peri--od, or fail to continue diligently
to cum such violation until-finally c~cl, Grantee may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terms of this Easement,
to enjoin the violation, ex parte as necessary, by temporary or permanent
injunction, to recover any damages to which Jt may be entitled for violation of
the terms of this Easement of injury to any conservation values protected by this
Easement, including damages for the loss of scenic, aesthetic, or environmental
MODEL EASEMENT
values, and to recluim the restoration of the Property to the condition that existed
prior to any such injury. Without limiting Grantors' liability therefor, Grantee,
in its sole discretion, may apply any damages recovered to the cost of under-
taking any corrective action on the Property. if Grantee, in its sole discretion,
determines that circumstances require immediate action to prevent or mitigate
significant damage to the conservation values of the Property,. Grantee may
pursue its remedies under this paragraph without pdor notice to Grantors or
without waiting for the period provided for cure to expire. Grantee's rights
under this paragraph apply equally in the event of either actual or threatened
violations of the terms of this Easement, and Grantors agree that Grantee's
remedies at law tor any violation of the terms of this Easement are inadequate
ancl that Grantee shall be entitled to the injunctive retief described in this
paragraph, both prohibitive and mandato~/, in addition to such other terms of
this Easement, without the necessity of proving either actual damages or the
inadequacy of otherwise available iegal remedies. Grantee's remedies described
in this paragraph shall be cumulative and shall be in addition to all remedies now
or hereafter existing at law or in equity. ~o
6.1 Costs of Enforcement. Any costs incurred by Grantee in enforcing
the terms of this Easement against Grantors, including, without limitation, costs
of suit and attorneys' fees, and any costs of restoration necessitated by Grantors'
violation of the terms of this Easement shall be borne by Grantors. If Grantors
prevail in any action to enforce the terms of this Easement, Grantors' costs of
suit, including, without limitation, attorneys' fees, shall be borne by Grantee. ~
6.2 Grantee's Discretion. Enforcement of the terms of this Easement
shall be at the discretion of Grantee, and any forbearance by Grantee to exercise
its rights under this Easement in the event of any broach of any term of this
Easement by Grantors shall not be deemed or construed to be a waiver by
Grantee of such term or of any subsequent breach of the same or any other term
of this Easement or of any of Grantee's rights under this Easement. No delay or
omission by Grantee in the exercise of any right or remedy upon any breach by
Grantors shall impair such right or remedy or be construed as a waiver.
6.3 Waiver of Certain Defense~. Grantors hereby waive any defense of
laches, estoppel, or prescription. ~z
6.4 Acts Beyond Grantors' Control. Nothing contained in this Easement
shall be construed to entitle Grantee to bring any action against Grantors for ,
any injury to or change in the Property resulting from causes beyond Grantors
control, including, without limitation, tim, flood, storm, and earth movement, or
from any prudent action taken by Grantors under emergency conditions to
prevent, abate, or mitigate significant injury to the Property resulting from such
causes. ~=
7. Access. No right of access by the general public to any portion of the
Property is conveyed by this Easement. ~
MODEL CONSERVATION EASEMENT
8. Costs and Liabilities. Grantors retain all responsibilities and shall bear
all costs and liabilities of any kind related to the ownership, operation, upkeep,
and maintenance of the Property, including the maintenance of adequate
comprehensive general liability insurance coverage. Grantors shall keep the
Property free of any liens arising out of'any work performed for, materials
furnished to, or obligations incurred by Grantors.
8.1 Taxes. Grantors shall pay before delinquency all taxes, assessments,
fees, and charge~ of whatever description levied on or assessed against the
.Property by competent authority (collectively "taxes"), including any taxes
~mposed upon, or incurred as a result of, this Easement, and shall furnish
Grantee with satisfactory evidence of payment upon request. [Grantee is
authorized but in no event obligated to make or advance any payment of taxes,
upon _J'_e.0.. three (3)] Days prior wdtten notice to Grantors, in accordance
with any bill, statemen~,~r estimate procured from the appropriate authority,
without inquiry into the validity of the taxes or the accura of the b~ll
ment, or estimate and th" ,,~.,~.--,= ........ . cy ', state- , ~ ,.,,.,,~,,uu, cream(] Dy SUCh payment shall bear
interest until paid by Grantors at the lesser of percenta e oints o¥
prime rate of interest from time t ' ~ . g P. er the
. o t~me charged by J'_des~onal:ed b~nkl or the
maximum rate allowed by law.]
8.2 Hold Harmless. Grantors shall hold harmless, indemnify, and defend
Grantee and its members, directors, officers, employees, agents, ~nd contractors
and the heirs, personal representatives, successors '
coilectivel" ' . , . , and assigns of each of them
( Y Indemmfied Parties ) from and aganst all liabilities, penalties,
costs, Josses, damages, expenses, causes of action, claims, demands, or judg-
ments, including, without limitation, reasonable attorneys' fees. arising from or
in any way connected with: (1) injury to or the death of any person, or physical
damage to any property, resulting from any act, omission, condition, or other
matter related to or occurring on or about the Property, regardless of cause,
unless due solely to the negligence of any of the Indemnified Parties; (2) the
obligations specified in paragraphs 8 and 8.1; and (3) the existence or adminis-
tration of this Easement.
9. Exfinquishmen_f. If circumstances arise in the future such as render the
purpose of this Easement impossible to accomplish, this Easement can only be
terminated tr extinguished, whether in whole or in part, by judicial proceedings in
a court of competent iudsdiction, and the amount of the proceeds to which
Grantee shall be entitled, after the satisfaction of prior claims, from any sale,
exchange, or involuntary conversion of all or any portion of the Property
subsequent to such termination or extinguishment, shall be determined, unless
otherwise provided by ~. law at the time, in accordance with paragraph 9.1.
Grantee shall use all such proceeds in a manner consistent with the conservation
purposes of this grant. 2~
MODEl. EASEMENT
9.1 Proceeds_. This Easement constitutes a real property interest immedi-
ately vested in Grantee, which, for the purposes of paragraph 9, the parties
stipulate to have a fair market value determined by multi 'n the fa'
va!se o! the Property unencumbered by the Ease-.--,/P-~--g- .... Jr market
va,ue attar the date of this grant attributable to imp'~'e~e'"'n';s~b~~~~atr~~So~
value of the Easement at the time of this grant to the value of the Property,
without deduction for the value of the Easement, at the time of this grant. The
values at the time of this grant shall be those values used to calculate the
deduction for federal income tax purposes allowable by mason of this grant,
pursuant to Section 170(h)of the Internal Revenue Code of 1954, as amended.
For the purposes of this paragraph, the ratio of the value of the Easement to the
value of the Property unencumbered by the Easement shall remain constant. ~
9.2 Condemnatiorl. If the Easement is taken, in whole or in part, by
exemise of the power of eminent domain, Grantee shall be entitled to
compensation in accordance with applicable law. ~o
10. Assignment. This Easement is tmmferable, but Gran~ may assign
its fights and obligations under this F.a.semmt only to an ovimmm/on tim is a
qualified organization at the time of transfer under Section 170(h) of the Internal
Revenue Code of 1954, as amended (or any successor provision then applicable),
and the applicable regulations promulgated thereunder, and autho~ to acquire
and hold conservation easements under (state stamt¢l {or any successor provision
then applicable). As a condition of such transfer, Gmmee shall require that the
conservation purposes that this grant is intended to advance continue to be can'ied
O14t. a~
11. Subseauent Transfers. Grantors aD'ee to incorporate the terms of this
Easement in any deed or otb~ legal ~ by which they divest themselves
of any intenst in all or a portion of the PmpemT, including, without limitation, a
leasehold interest. Grantors fin~er agree to give written notice to Cmantee of the
transfer of any interest at least (e.g.. twen _ty (.20)] days prior to the date of such
transfer. The failure of Granm~ to perform any act required by this paragraph shall
not impair the validity of this Easemmt or limit its enfo~~ in any way. u
12. Estoppel Certifieates. Upon requ~t by Grantors, Grantee shall within
[e.g.. twen _ty (20)].!_ days execxue and deliver to g'aztors any domunent, inclu~g
an estoppel ce~~, which certifies Grantors' compliance with any obligation
of Grantors contained in this Easement and otherwise evidences the status of this
Easement as may be requested by Grantors. u
13. Notices. Any notice, demand, request, consent, approval, or
communication that either party desires or is requi~ to give to the other shall be
in writing and either served pemonally or sent by fi~ class mail, postage prepaid,
addressed as follows:
To Grantors:
MODEL CONSERVATION EASEMENT
To Grantee:
or to such other address as either party from tie to time shall designate by
written notice to the other. ~
14. Recordation. Grantee shall record this instrument in timely fashion
in the official records of County, rstatel And may m-record it
at any time as may be required to preserve its fights in~-his Easement. ~
15. General Provisions.
a. Contmllino Law. The interpretation and performance of this
Easement shall be governed by the laws of the State of rstate] _.
b.. Liberal Construction. Any g~ rule ofconsm~on to the
contrary notwi~d/ng, this ~ent shall be libaally co~ed in favor of
the grant to effect the propose of this Easement and the policy and propose of,
[state statute~. If any provision in th/s instrm~ent is found to be ambiguous, an
inmrpmtation consistent with the purpose of this Easement that would render the
provision valid shall be favored over any interpretation that would render it invahd.
c. SeveraOili~. Ifany provision of this Easement, or the application
thereof to any person or circumstance, is found to be invalid, the remainder of the
provisions of th/s Easement, or the application of such provision to persons or
cimumstanees other than those as to which it is found to be invalid, as the ease
may be, shall not be affected thereby.
cl. Entire ^qreement. This insma'nent sets forth the entire agreem~t
of the parties with respect tn the Easement and supersedes all prior d/scussions,
negotiations, undemandings, or agreements relating tn the Easem~ all of which
are merged herein. [No alteration or variation of th/s insmma~ shall be valid or
binding unless contained in an amendment that comphes with paragraph___ (see
supplementary provisions re: Amendment.)]
e. No Forfeiture. Nothing containe~ herein will result in a forfeiture
or revarsion of Grantors title in any respect.
~. 3oint Obliqatio~. ]'he o~ligations impose~ by t~is Easement upon
Grantors s~all ba ioint an~ sevaral.
g. Successors. The covenants, terms, con~tions, and restrictions of
this Easement shall be binding upon, and inure to the benefit of, the parties hereto
and their respective personal representatives, heirs, successors, and assigns and
h. Termination of Riqhts and Obliaatioas. A panys fights and
obligations under tlais Easem~ termi,,~e ul~n ~sfer of the panys interest
ia the Easement or Property, except that liability for acts or om/ssions occurring
prior to transfer shall survive transfer.
MODEL EASEMENT
i. ~. The captions/n th/s/nsmm~ have been insemxl
solely for convenience of reference and are not a part of th/s/nsmmaent and shall
have no effect upon co.stoic'don or mreq:~--mfi, om
j. Counterpart~_. The parties may execute this instrument in two or
mom counterparts, which shall, in the aggregate, be signed by both parties; each
counterpart shall be deeme~l an odginal instrument as against any party who has
signed it. In the event of any disparity between the counterparts produced, the
recorded counterpart shall be contmlli, ng. ~
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns
forever. ~
IN WITNESS WHEREOF Grantors and Grantee have set their hands
on the day and year first above written.
Grantors -
[Acknowledgments]
By
Grantee
its [Official Ca_Dacity] ,,
B. or C.
[C. orD.
SCHEDULE OF EXHIBITS
Legal Description of Property Subject to Easement
Baseline Documentation]
Site Descriptions/Map
Identification of Prior Mortgage
MODEL CONSERVATION EASEMENT
Supplementary Provisions =,
(Paragraph numbers indicate relative position in model.)
[5.2] Arbitration_. If'a dispute aris~ bctweea ~e pard~ coring ~
eomisteney of any proposed use or activity with thc purpose of this Easemen~
and Grantors agree not to proceed with the use or activity pending resolution of
the dispute, either party may refer the dispute to arbitration by request made in
writing upon the other. Within [e.g. thirty (30)L days of the receipt ofsuch.a
request, the parties shall select a single arbitrator to hear the matmr. If the parties
are unable to agree on the. selection of a single arbitrator, then each party shall
name one arbitrator and the two arbitrators thus selected shall select a third
arbitrator;, provided, however, if either party fails to select an arbitrator, or if the
two arbitrators selected by the parties fail to select the third arbitrator within
[e._~.. fourteen (14)]_ days a/ter the appointment of the second arbitrator, then
in each such instance a proper court, on petition of a party, shall appoint the
second or third arbitrator or both, as the case may be, in acco~ee with ~
arbitration statute] , or any successor statute then in effect. The matter shall be
settled in accordance with the [state arbitration statute or other at~nronriate body
of'rules]~ then in effect, and a judgment on the arbitration award n~a~r b~ entered in
any court having jurisdiction thereof. The prevailing party shall be entitled, in
addition to such other relief as may be granted, to a reasonable sum as and for al/
its costs and expenses related to such arbitration, including, without limitation, the
.ees_ and expenses of the arbitrators and attorneys' fees, which shall be detenninefl
y the arbitrator(s) and any court of competent jtuisdietion that may be called
upon to enforce or review the award, e
[Between 9 and 10] Amendments. /f~ ar/se under which an
amendment to or modifi~on of this F, asement would be appropriate, Grantors
and Grantee are free to jointly amend this Easem~ provided that no amendment
shall be allowed that will aff~ the qualifi~on of th/s Easement or the smms of
Cnantee under any applicable laws, including [state statute] or Section 170(h)
of the Internal Revenue Code of 1954, as amended, and any amendment shall be
consistent with the purpose of this Easemen~ and shall not affect its peq~mal
duration. Any such amendment shall be recorded in the ofli~ records of
_ County, Cst,ate] _. ,.
[~0.q] Executory Cirn/tat/orl. If'Grantee shall cease to exist or to be a
qualifi~ organization under Set, on 170(h) of the Internal Revenue Code of
1954, as amended, or to be authorized to acquire and hold conservation
easements under [state statute]_, and a prior assignment/s not made p~t
to paragraph 10, then Grantee's rigim and obligations troffer this Easem~ shall
beeome/mme~ately vested in [desi~atedbaek-un t, mntee]_. If [desi_~ated
no onger in at t he rig, s UgaUons
under th/s Easement would otherwise vest in it, or if [desi~ted back-un
~~L is not qualified or amhorized to hold eome~ti~n easements as
provided for an assignment lmmmm to paragraph 10, or if it shall refuse such
MODEL EASEMENT
rights and obligations, thea tiao fights and obligations under this Easeme~ shall
vest in such orgauization as a court of competem jurisdiction shall direct
pursuant to the applicable [state] _ law and with due regard to the requirements
for an assignment pursuant to paragraph 10. (~
[Between 10 and 11] Subordination_. At the time of conveyance of this
Easement, the Property is subject to the mortgage identified in Exhibit ~
attached hereto and incorporated by this reference, the holder of which has
agreed by separate instrument, which will be recorded immediately after this
Easement, to subordinate its dghts in the Property to this Easement to the extent
necessary to permit the Grantee to enforce the purpose of the Easement in
perpetuity and to prevent any modification or extinguishment of this Easement
by the exercise of any dghts of the mortgage holder. The priority of the existing
mortgage with respect to any valid claim on the part of the existing mortgage
holder to the proceeds of any sale, condemnation proceedings, or insurance or to
the leases, rents, and profits of the ,Property shall not be affected thereby, and any
lien that may be created by Grantee s exercise of any of its rights under ihis
Easement shall be junior to the existing mortgage. Upon request, Grantee agrees
to subordinate its dghts under this Easement to the rights of any future mortgage
holders or beneficiaries of deeds of trust to the proceeds, leases, rents, and profits
described above and likewise to subordinate its rights under any lien and to
execute any documents required with respect to such subordination, except that
the priority of any lien created by Grantee's exercise of any of its dghts under this
Easement prior to the creation of a mortgage or deed of trust shall not be affected
thereby, nor shall this Easement be subordinated in any other mspecto ~
Conservation Easements, CDFS- 1261-98
Ohio State University Fact Sheet
Community Development
700 Ackerman Road, Columbus, OH 43202-1578
Page I of 4
Conservation Easements
CDFS-1261-98
Land Use Series
Peggy Schear
Thomas W. Blaine
A conservation easement is a restriction placed on a piece of property to protect the resources (ralural or
man-made) associated with the parcel. The easement is either voluntarily sold or donated by the
landowner, and constitutes a legally binding agreement that prohibits certain types of development
(residential or commercial) from taking place on the land. The purpose of this fact sheet is to answer a
number of frequently asked questions about conservation easements. For specific information on the
purchase and sale of conservation easements, see OSU Extension Fact Sheet, Purchase of Development
Rights (PDR), CDFS- 1263-98.
Frequently asked questions: Conservation Easements
What is an easement?
Ownership of a piece of property may best be described as a "bundle of fights.,, These rights include the
right to occupy, use, lease, sell, and develop the land. An easement involves the exchange of one or
more of these fights from the landowner to someone who does not own the land. Easements have been
used for years to provide governments, utilities, and extractive industries with certain property fights.
An easement permits the holder certain fights regarding the land for specified purposes while the
ownership of the land remains with the private property owner.
What is a conservation easement?
A conservation easement is designed to exclude certain activities on private land, such as commercial
development or residential subdivisions. Its primary purpose is to conserve natural or man-made
http://ohioline, osu. edu/cd.fact/1261.html
Oll dlgt~n¢
Conservation Easements, CDFS- 1261-98
Page 2 of 4
resour~:es on the land. The easement itself is typically described in terms of the resource it is designed to
protect (e.g., agricultural, forest, historic, or open sp~ce easements).
The easement is a legally binding covenant that is publicly recorded and runs with the property deed for
a specified time or in perpetuity. It gives the holder the responsibility to monitor and enforce the
property restrictions imposed by the easement for as long as it is designed to mn. An easement does not
grant ownership nor does it absolve the property owner from traditional owner responsibilities, i.e.
property tax, upkeep, maintenance, or improvements.
What does an agricultural easement cover?
An agricultural easement is a specific type of conservation easement, designed to protect land from
development and insure that the use of the land will remain conducive to agriculture in the future.
Agricultural easements are designed to meet the needs of the property owner. They may include
provisions for limited development for buildings such as barns, and housing for children and
grandchildren who wish to stay on the faxm. They may exclude certain sections of the farm from the
easement entirely. As with other types of conservation easements, agricultural easements basically limit
or prohibit the land from being developed for residential or industrial purposes regardless of who owns
the land in the furore.
What are the tax implications of conservation easements?
If an easement is granted in perpetuity as a charitable gift, some federal income and estate tax
advantages usually accrue. These tax savings may be substantial, and are often cited as a major factor in
landowners' decisions to donate easements. The 1997 federal tax law specifies estate easement donation
options for farms within 25 miles of a metropolitan area. Property tax benefits are state and locally
determined and may vary. Contact an attorney knowledgeable about land-use law for specific tax
implications.
Who can grant a conservation easement?'
The owner of the property is the only one who can decide to place a conservation easement on his or her
property. When a property is owned by several individuals, all owners must agree to place the easement.
If the property is mortgaged, the mortgage holder must also be in agreement for the easement to be
placed. A conservation easement is a voluntary land-protection tool that is privately initiated.
Who holds the easement?
A conservation easement is designed to protect a property according to the owner's wishes. Since the
easement is generally granted in perpetuity, it is necessary for an outside party to be responsible for the
monitoring and maintenance of the easement. The outside party "holds" the easement and is required to
monitor and enforce the adherence of current and furore property owners to the terms of the easement.
Typically, easements are held by local government agencies, land trusts (see OSU Extension Fact Sheet,
Land Trusts, CDFS-1262-98) or other nonprofit organizations designed to hold them. Since the-
monitoring and maintenance of easements requires personnel inputs in perpetuity, easement donors
olden are required to provide financial support for the easement if it is held by a nonprofit organization.
Designating both a government agency and a nonprofit or land trust as co-holders of the easement is an
alternative selected in many easements and may be required in certain public programs wherein the
easements are purchased by a government preservation program or organization.
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Conservation Easements, CDFS- 1261-98
Page 3 of 4
Is land under a conservation easement considered public properW?
The easement can restrict or permit certain public uses of the land. An easement does not have to permit
public access at all. The decision to allow public access is left to the individual property oWner who
places the easement on the property. It is important to emphasize that land covered by a conservation
easement is still privately held land, with the only restrictions on land use being those desired by the
owner who places the easement on the property.
Certain government initiated easement programs may require some public accessibility in order to meet
tax requirements so it is necessary to investigate the public access requirements before writing the
easement.
What are the responsibilities of the easement holder?
Whether the easement holder is a public or nonprofit organization, the holder has the responsibility to
enforce the requirements stipulated in the easement. This responsibility generally includes:
a. Establishing baseline documentation through ensuring that the language of the easement is clear
and enforceable, developing maps, property descriptions and baseline documentation of the
property's characteristics.
b. Monitoring the use of the land on a regular basis. This may require personal visits to the property
to ensure that easement restrictions are being upheld.
c. Providing information and background data regarding the easement to new or prospective
property owners.
d. Establishing a review and approval process for land activities stipulated in easement.
e. Enforcing the restrictions of the easement through the legal system if necessary.
f. Maintaining property/easement related records.
Where can I get more information about conservation easements?
American Farmland Trust, 1920 N St. NW, Suite 400, Washington, DC 20036 phone 202-659-5170
Land Trust Alliance, 1319 F St. NW, Suite 501, Washington, DC 20004 phone 202-638-4725
Trust for Public Land, 116 New Montgomery St., 4th Floor, San Francisco, CA 94105 phone 415-495-
4014
Where can I read about conservation easements on the World Wide Web?
http ://www. farml and. o r~
References
Conservation Easements. Fact sheet. Land Trust Alliance: Washington, D.C.
.~oughlin, Thomas A. 1991. "The use of easements for land conservation and historic preservation."
Pennsylvania Land Trust Handbook. Chesapeake Bay Foundation.
http://ohioline, osu.edu/cd, fact/1261 .html
Conservation Easements, CDFS- 1261-98
Page 4 of 4
Daniels, T. and D. Bowers. 1997. Holding Our Ground: Protecting America's Farms and Farmland.
Washington DC' Island Press.
DieM, J. and T. Barnett, eds. 1988. The Conservation Easement Handbook. Alexandria, VA: Land Trust
Alliance and Trust For Public Land.
Land and Stewardship. Spring, 1995. Conservation Stewardship Office, Vermont Land Trust:
Woodstock, VT.
Mennito, Donna. Overview, agriculture land preservation program. Unpublished Mimeograph. Howard
County, Maryland.
Small, S.J. 1992. Preserving Family Lands: Essential Tax Strategies for the Landowner. Landowner
Planning Center, Boston, MA.
Waybum, Laurie A. 1994. "Saving the forests for the trees, and other values." The Back Forty, The
Newsletter of Land Conservation Law. Vol. 4, No. 5.
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscrimina~ry
basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era
veteran status.
Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
TDD No. 800-589-8292 (Ohio only) or 614-292-1868
I Ohioline_ I Search I Fact Sheets i Bulletin_s t
http://o~ol~e, osu. ed~cd-facff 1261 .html
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
OCTOBER 19, 2005
.
10/4/05 L. Semmens, Finance Director/Investment Report.
.
10/4/05 KK memorandum regarding "Distance Signs to City of Kenai."
,
10/3 / 05 Debbie Roth, FAA Airport Division Manager letter regarding proposed
release of Airport Land and Appraisals.
,
9 / 30 / 05 John T. Lovett, FAA Lead Airport Planner letter regarding proposed
release of Airport Land.
,
10/7/05 Decision/Appeal of the Denial of a Zoning Change for Jay T. Snow and
William A. Snow.
10 / 13 / 05 Kenai River Special Management Area meeting agenda and meeting
minutes of 9 / 8 / 05 meeting.
e
10/05 Soldoma Chamber of Commerce, Chamber Connection.
o
.
9/05 Kenai Municipal Airport Enplanement and Float Plane Basin Activity
Reports.
10/05 City of Kenai Bid Information/2005.
10.
10/05 Planning & Zoning Commission Resolutions, Third Quarter/2005.
11.
10/05 City of Kenai Building Permits, Third Quarter/2005.
12.
AML Local Government Conference Update.
MEMORANDUM
TO:
FROM:
THRU:
City Council
Larry Semmens, Finance Director~
Charles M. Kopp, Acting City Manager
DATE: October 4, 2005
SUBJECT:
Investment Report
At September 30, 2005 the City had investments with a market value of $33,653,329.31. The portfolio
yield was 3.35%. The breakdown of types of investments held is:
US Agency Securities
AML Investment Pool
Bank Balance
$30,671,055
$ 2,154,827
$ 827,447
The Federal Reserve continues to raise rates. Their short term rate is now 3.75%. The yield curve, which
measures interest rates over the long range of maturities, continues to be quite fiat. The short end of the
curve has climbed significantly, but investors do not get much of a yield premium for investing in longer
maturities. Although we have had little opportunity to invest in the higher short term market due to lack of
maturing investments, we will get one new 18 month bond in the portfolio in October that has a 4.5% yield.
Consider that not long ago the yield was below 2% for this type of investment. Unfortunately it takes time
to work the lower yielding investments out of the portfolio. As interest rates climb the values of the
securities in the portfolio generally decline. You will note that the market value of the portfolio is $372,955
less than the original cost. Fortunately, we are able to maintain adequate cash resources to provide
liquidity and do not have to sell investments at a loss.
My base strategy of investing is to buy and hold. As cash is available I invest it at the best rates available
within the time frames necessary to meet cash flow needs. Some of the securities in the portfolio are
callable, which means the issuer can redeem the security for the par amount at their option. A call
generally only occurs when rates are falling, which means that the investor will reinvest at a lower rate of
interest. On a very infrequent basis I sell a security to meet cash flow or to increase yield by purchasing
another higher yielding investment. If you have any questions or comments about the City's investments
please contact me. A copy of the portfolio is attached.
CITY Of KENAI
CITY OF KENAI
INVESTMENTS
9/30/2005
SECURITY
original cost
Current year cost or
06/30/05
Market Value
Market Value
EFFECT. DATE DATE
RATE PURCH. DUE
AT
MATURITY
(PAR)
FHLMC 2.3
FHLB 2.32
FHLMC 3.0
FHLMC 3.0
FNMA 3.25
FNMA 2.5
FNMA 2.5
FHLB 2.32
FHLB 3.375
FHLB 3.625
FHLMC 2.85
FNMA 2.5
FHLB 4
FHLMC 3
FHLB 3
FNMA 3.375
FHLB 3.13
FHLB STEP UP 3.2,~
FHLB 3.625
FNMA Stepup 4.00
FNMA 4.02
FHLB 3.5
FNMA 4.3
FHLB 6.795
FHLB 4.5
998,000.00
1,501,171.88
2,000,000.00
1,000,000.00
3,004,500.00
1,000,000.00
994,500.00
995,000.00
1,998.000.00
1,000.000.00
995,0O0.00
996,500.00
2,495 000.00
999,500.00
1,000,000.00
996,000.00
989,700.00
999,250.00
987,500.00
1,000,000.00
986,268.00
994,500.00
1,000,000.00
1,115,620.00
$998,000.00
SUB TOTAL
$31,044,00g.88
AML POOL
$2,154,827.00
$33,198,836.88
REPO
$827,447.61
TOTAL
$34,026,284.49
$992,780.00
$1,485,465.00
$1,986,620.00
$990,050.00
$2,983,140.00
$986,250.00
$992,810.00
$978,750.00
$1,986,880.00
$996,560.00
$982,810.00
$978,750.00
$2,496,571.85
$985,310.00
$985,940.00
$991,880.00
$986,880.00
$999,690.00
$998,750.00
$990,940.00
$998,130.00
$984,060.00
$1,002,500.00
$1,106,560.00
$1,001,560.00
$30,869,636.85
$2,154,827.00
$33,024,463.85
$827,447.61
$33,851,911.46
$995,530.00
$1,488,285.00
$1,983,400.00
$989,240.00
$2,976,570.00
$984,380.00
$990,000.00
$975,630.00
$1,974,380.00
$989,380.00
$979,380.00
$973,44O.OO
$2,480,179.70
$979,060.00
$978,750.00
$983,750.00
$979,690.00
$995,630.00
$978,44O.00
$989,060.00
$985,000.00
$969,380.00
$986,250.00
$1,080,310.00
$985,940.00
$30,671,054.70
$2,154,827.00
$32,825,881.70
$827,447.61
$33,653,329.31
2.40
2.28
3.00
3.00
3.17
2.50
3.09
2.47
3.42
3.63
3.05
2.62
4.00
3.02
3.00
3.55
3.42
3.02
4.09
4.00
4.33
3.63
4.30
3.90
4.55
3.51
3.52
1/9/2004 1/9/2006
3/10/2004 3/10/2006
5/26/2004 5/26/2006
6/8/2004 6/8/2006
6/28/2004 6/28/2006
8/11/2003 8/11/2006
11/24/2004 11/9/2006
7/17/2003 12/19/2006
1/12/2005 1/12/2007
2/16/2005 2/16/2007
8/25/2004 2/23/2007
3/8/2004 3/8/2007
4/5/2005 4/5/2007
4/28/2004 4/27/2007
4/27/2004 4/27/2007
1/4/2005 5/15/2007
9/3/2003 5/21/2007
11/29/2004 11/28/2007
6/29~2005 5/19/2008
5/19/2006 5/19/2008
8/27/2003 8/18/2008
3/4/2004 12/26/2008
5/6/2005 3/9/2009
2/11/2005 6/30/2009
5/12/2005 5/12/2010
1,000,000.00
1,500,000.00
2,000,000.00
1,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,495,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
30,995,000.00
2,154,827.00
827,447.61
33,977,274.61
TOTAL CURRENT YIELD 3.35%
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
KENAI, ALASKA ME M 0 N D
TO:
FROM'
DATE'
SUBJECT'
Charles Kopp, Acting City Manager
Keith Kornelis, Public Works Manager
October 4, 2005
Distance Signs to City of Kenai
I have talked to the State of Alaska's head of Traffic and Safety for the Central
Region concerning the distance to the City of Kenai on State Highway signs. He
has stated:
· :. The distance from the sign to the City of Kenai can be the distance to the City
limits.
· :. The existing signs can be corrected fairly easily.
· .'. I can get with Carl High, our local DOT Maintenance Superintendent to come
up with the new mileage numbers. If we agree, he will approve the change.
I have talked with Carl, and he has agreed with our plan to correct the signs. I
have already started logging the distance between the signs.
KK/jet
U. S. Department
of Transportation
Federal Aviation
Administration
Alaskan Region
Airports Division
222 W. 7th Avenue #14
Anchorage, Alaska
99513-7587
October 3, 2005
Mr. Charles M. Kopp
Acting City Manager
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
.t T 5 zuu
KENAI
ADMINISTRATION
Proposed Release of Airport Land & Appraisals
Dear Mr. Kopp'
The Federal Aviation Administration (FAA) has reviewed your proposal to no longer
submit property appraisals for our review. The release of airport property for its sale or
lease must be in conformity with all the Airport Improvement Program (AIP) grant
assurances as well as the requirements of FAA Order 5190.6A. The Kenai Airport land
holdings and disposal is a unique situation that is not typical of most airports.
We would like to suggest meeting with you and your staff to review your proposal, get an
update on the Supplemental Planning Assessment Project, and a review of your proposed
new property release plan. We would like to suggest the week of October 17 or October
24, 2005 to meet in Anchorage at the FAA Airports Offices. My staff will coordinate
with you on an exact date and time.
The FAA looks forward to working closely with you and your staff in developing a
comprehensive land management system. For further information feel free to contact Mr.
John Lovett, Airport Planner at (907) 271-5446.
Sincerely,
Debbie Roth
Deputy Division Manager
Airports Division
U. S. Department
of Transportation
Federal Aviation
Administration
Alaskan Region
Airports Division
222 W. 7th Avenue #14
Anchorage, Alaska
99513-7587
September 30, 2005
Ms. Kim Howard
Assistant to City Manager
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Proposed Release of Airport Land
Dear Ms. Howard:
ECEIVED
.
i
The Federal Aviation Administration (FAA) has reviewed your request for information
on the release of airport property for non-aeronautical uses. Since 1966 the FAA has
approved the release of over 450 acres of airport property from the Kenai Municipal
Airport for non-aviation activities. The sale of additional airport property has the
potential of hampering the city's future airport development. As owners and operators of
this excellent airport facility the city must protect its investment and stop selling the
airport off piece by piece.
Your request to release additional lands east of the sold property identified as Units H-5,
6, &7 has been examined. The FAA does not approve of the sale of this property. The
sale of this property will have adverse effects on the existing Automated Flight Service
Station (AFSS) and the communication antenna located adjacent to the AFSS.
The FAA looks forward to working closely with you and your consultant in developing
a comprehensive land management system and master plan. For further information feel
~ee to contact me at (907) 271-5446.
Sincerely,
John T. Lovett
Lead Airport Planner
BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KE~
IN THE MATTER OF THE APPEAL OF THE )
DENIAL OF A ZONING CHANGE FOR JAY T. )
SNOW AND WILLIAM A. SNOW )
Case No. BA-05-3
I. DECISION
The appeal of Jay T. and William A. Snow is remanded to the Planning & Zoning
Commission for consideration of rezoning the property as Limited Commercial (CL).
II. BACKGROUND
On June 30, 2005 Jay T. and William A. Snow (Snow) applied for a zoning change to
property located at 5648 Kenai Spur Highway in Kenai. The property is currently zoned Rural
Residential (RR)-and the application seeks a change to General Commercial (CG). The property
is 1.03 acres. It adjoins property zoned CG on the east side and the property located directly
across the street is also zoned CG. The application indicates that Snow intends to use the
property for auto sales and repair. Those uses require a conditional use permit in the RR zone,
but are a principle permitted use in the CG zone.
Following the required public notice procedures, a public hearing was held before the
Kenai Commission on July 27, 2005. Four people testified during the public hearing. The first
was Bob Holt. He spoke against the rezone. He stated his home and business were located
directly across the street in Thompson Park Subdivision. He did not like the idea of a car lot
located across the street and is concerned about vehicles being parked in rights-of-way.
The next person to speak was Michael Rowden. He lives at 5615 Kenai Spur Highway.
He did not think a car lot would be conducive to the area and was also concerned about cars
SNOW BOARD OF ADJUSTMENT DECISION
Page I of 6
parked in the rights-of-way. Kevin Daniels also spoke. He listed his address as 5688 Kenai Spur
Highway. He stated the property was not suited for a car lot and was concerned about junk
vehicles being left on the property.'.
One of the applicants, William Snow, also spoke. He stated he planned on being out of
the car business in approximately one month. He also said it has always been his intention to
have the property rezoned CG and build a commercial building on it.
After discussion of the proposal, the rezoning proposal failed by a vote of five to zero.
The applicant filed an appeal of that decision to the Board of Adjustment.~ A public hearing on
the appeal was held on September 7. 2005.
Jay Snow was the only person to testify at the public hearing. He stated that he currently
uses the property for auto sales. He repairs autos and puts one or two at a time on the front of the
property for sales. That is why he listed auto sales on the re-zoning application. He plans to use
the shop on the back of the property for auto repair. The house on the front of the property will
be used for residential housing until he can afford to tear it down or use it for commercial
purposes. He stated he has had two offers to lease it out as a cafe. He said the house is not very
suitable for residential purposes because it is close to the highway and the road noise is very
loud. He testified he tried to sell the house but has not been able to because the closeness to the
road and the road noise.
There was some discussion by the Board and Acting City Manager Kopp regarding the
confusion because the re-zoning application listed car sales as the proposed use. City Planner
Kebschull noted that that rezoning the property to CG would allow the owners to use the
property for any principle allowed use in the city's Land Use Table. She stated the analysis
! KMC 14.20.290
SNOW BOARD OF ADJUSTMENT DECISION
page'2 of 6
should focus on the allowed CG uses rather than the use listed in the application.
public testimony, the hearing was closed.
Following the
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 determination as ought to be made, and to that
end shall all the powers of the body from whom the appeal is taken.''2 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 owners into consideration, it may not
base its decision solely on neighborhood support or opposition.''3
IV. DISCUSSION AND FINDINGS
The property in question is zoned RR. Commercial uses in the RR zone are not a
permitted principle use, although they may be allowed by a conditional use permit. The problem
faced by the applicants is one faced by a number of property ov~aers along the Spur Highway.
As highway use has grown and the road has been widened, the houses along the highway are
often no longer desirable for residential use because of road noise and proximity to the highway.
This board has discussed this issue before in In the Matter of the Appeal of the Denial of a
Zoning Change for De Wayne J. Benton, Case No. BA-95-1.
The highway's widening and increase in traffic has already changed the character of the
area. That change will become more pronounced in the future. Mr. Snow testified about the
problem facing a number of homeowners along the Spur Highway. The house cannot be sold as
residential property because of its location near the highway. The Board is forced to recognize
, , ,
2 KMC 14.20.290(b)(2)
3 South Anchorage Coalition v. Colby, 862 P.2d 168-172, n. l l (Alaska 1993)
SNOW BOARD OF ADJUSTMENT DECISION
Page 3 of 6
that restricting use of the property to solely residential purposes may simply result in vacant and
run down homes along the highway. Vacant and run down neighboring houses can be a greater
threat to adjoining property values than commercial activities. However, we are aware of the
negative impact commercial rezoning can have on adjoining neighborhoods.
Based on the location, size of the lot in question, neighborhood characteristics and
testimony of neighbors, we remand this matter to the Commission for consideration of rezoning
this property as Limited Commercial (LC). The Limited Commercial Zone was specifically
designed for this type of zoning problem, allowing limited commercial development while
protecting adjoining residential neighborhoods. That designation would better deal with the
concerns of the protesting neighbors than a designation of CG.
The city code prohibits rezoning of areas of less than one acre.4 This property is 1.03
acres, which meets the City's minimum lot size. We recognize that even if the area in question
meets the requirements of the Kenai zoning code. a one-acre rezone may be considered illegal
spot zoning under state law.s However, we believe the Commission could examine the property
and the criteria set out in Griswold and determine whether rezoning the property to LC would
constitute illegal spot zoning.
By sending it back to the Planning and Zoning Commission for further consideration for
the LC designation, other nearby property owners, whose land is now zoned and used 'as
residential, would have the opportunity to consider the benefits of being included in such a zone.
Rezoning property as LC would address the issue of declining values and utilization of
residential property along the Spur Highway. Increasing the area to be rezoned would also
decrease the likelihood of the rezone being considered spot zoning.
,,
4 KMC 14.20.270(b)(2)
5 Griswold v. City of Homer, 925 P.2d I 015 (Alaska 1996)(Rezoning of areas under three acres to different zone
than adjacent property usually found to be spot zoning.)
~sNow BOARD ~)F ADJUSTMENT DECISION
Page 4 of 6
V. CONCLUSION.
For the above reasons, the matter is remanded to the Commission for consideration of
rezoning to Limited Commercial zone. The Commission should also notify and seek input from
nearby property owners of the possibility and benefits of being included in the LC zone.
DATED this 7th day of October 2005.
Linda Swamer, Board Member
Rick Ross. Board Member
Cliff Massie, Board Member
James Butler, Board Member
DISSENTING OPINION
W'e respectfully dissent from the decision of the majority. While we agree with the
majority's analysis of the impact of the increase in traffic and the widening of the highway, we
do not agree with the decision to remand the appeal to the Commission for consideration of a
different zone than the applicants requested. Because there is property zoned CG both adjoining
it on one side and across the street, we feel it would be better to rezone the property CG. We
would grant the appeal.
Pat Porter, Chair
Joe Moore, Vice-Chair
SNOW BOARD OF ADJUSTMENT DECISION
Page 5 of 6
DISSENTING OPINION
I also dissent from the decision of the majority, although for different reasons. I feel
rezoning the property to CG xvould negatively impact the nearby property, especially those
neighbors who intend to continue using their property for residential purposes. I share Board
Member Porter and Moore's reluctance to remand this appeal ~br consideration of a zone the
applicants did not request. Therefore, I would deny the appeal and uphold the decision of the
Commission.
Blaine 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.
'SNOW BOARD OF ADJUSTMENT DECISION
Page 6 of 6
KENAI RIVER
Special Management Area
"Workin~ together...for the river"
Ie
CALL TO ORDER
*** Meeting Agenda***
Thursday, October 13, 2005
5:30 p.m.
Kenai River Center
II.
A. Roll Call
B. Approval of 09/08/05 minutes
C. Agenda Changes and Approval
PUBLIC COMMENT
-6
III.
IV.
We
NEW BUSINESS
A. Kenai River Operations- Bill
B. Membership- New Board appointment applications- Jack
C. Introduction: Jerry Lewanski, Director Alaska State Parks
D. Work Session report- Ken Lancaster
OLD BUSINESS A. Boat wake study report-Jack
B. Kenai River Center Update, Suzanne Fisler
C. Kenai River Bridge Update-Suzanne
D. Letters to DEC, Commissioner DNR
PUBLIC COMMENT
ADJOURNMENT
A. Board Comments
B. Date/Agenda of Next Meeting
Kenai Area Office, Box 1247, Soidotna, AK 99669, Soldotna 26~-5581
Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441
Alaska Division of Parks and Qutdoor Recreation, Department of Natural Resources, in COOl3eration with the Kenai Peninsula Borough.
Kenai River Special Management
Area Advisory Board
Minutes correction:
I. CALL TO ORDER
Thursday, September 8, 2005
5:30 p.m.
Kenai River Center
II.
III.
A. Roll Call
Members Present: Joe Connors, Ted Wellman, Paul Shadura, Floyd
Heimbuch, Ken Lancaster, Richard Hahn, Jeff King, Pete Sprague, Keith
Komelis, Tom Vania, Jack Sinclair and Tim Stevens.
Members Absent: Rick Wood, Robin West, Bill Shuster and Ted Forsi.
B. Approval of 05/12/05 minutes
Changes: Tim Stevens was added to the outboard motor buy-back
committee.
Keith Komelis change page 5 under my comments that there is a new
leasee at the City of Kenai Dock, Cooper River Sea Food. They are
operating 2 of the 3 unloading stations at the dock.
Approved as corrected and written.
C. Agenda Stands Approved as Amended.
PUBLIC COMMENT
NEW BUSINESS
A. Kenai River Operations- Jack Sinclair
Jack said this year seemed busier on the Kenai River than previous years.
Guide numbers were the highest they have ever been with a total of 408.
An additional fiver ranger was a welcome benefit this season. Kenai
River Sport Fishing AssociatiOn provided funding for overtime in July and
it doubled ranger presence on the lower fiver. With this added
enforcement over 800 citations were issued. The violations included over
horsepower, boating safety, PFD's and non residence-claiming residency.
A more thorough report will be available by Ranger Bill Berkhahn at the
next meeting.
The campgrounds for the state were successful for the season. There is
always need for improvement. The Pillars could use an entrance station in
helping to control the parking area.
Pete Spragu¢ asked why the increase in guide numbers? Suzann¢ said that
with possible limitations and the guide class requirement that many guides
wanted to get experience to assist them to qualify. Joe Connors noted that
the fishing guides increased by 15% and the non fishing guides increased
by 30%. Suzanne stated non-fishing is more intense on the river such as
the short day raft trips available in Cooper Landing. A new company in
Cooper Landing may start some new power boat trips from the rapids up
to the bridge which is open to powerboat.
Tom asked why numbers don't reflect activity? Suzanne said more
statistics would be available next meeting. Tom Vania stated that the log
book information that is required from the guides may not be available
until January.
B. Membership- Jack Sinclair
Jack stated that there are 4 board members with terms expiring in October
of this year. We need to go through the process to see if the members
would like to retain their seats. One member Dave Westerman has
submitted a letter of resignation. The group needs to solicit a member for
this position and any other that may become vacant. Jack encouraged the
board members to start talking with others who may be interested in
participating on.this board..-An announcement for the position should be
going into the paper within the next week or two to start the application
process.
Paul Shadura suggested that a letter of appreciation be sent to Dave
Westerman for his time spent on the board.
Other member's on the board whose term is up is Joe Connors, Ted
Wellman and Paul Shadura.
C. Outboard motor discussion-Jeff King
Jeff made a motion to relax the horsepower limit to 50 hp. Jeff suggested
that with the Johnson Lake study and the Kenai River boat wake study that
there is information to show that there will be minimal harm to the river.
The Kenai River Special Management plan the variety of factors including
the ease of enforcement, ability to minimize boat induce wakes, and
convenience to boat user, should be considered when this analysis is
evaluated by the Advisory Board. To raise the limit would fit this entire
criterion. The recommendation would be to raise the limit to 50hp and
strictly have no demning and assign a maximum weight and size to fit the
boats that are currently on the fiver. None of the motors right now are big
enough to push the guide boats that are already out there. Jeff proposed to
raise the hp to 50 on the Kenai River. Joe seconds the motion. Pete asks
if the board has the right to raise the hp. It is a statutory law that require~
IV.
the recommendation of the board to be sent to the legislature. It is a state
park regulation and would require regulation change. Ted commented that
he supports the concept but would first like to see the results of the boat
wake study. He-suggested the board discuss this more to come out
without some type of resolution before the season is over. Joe Connors
suggested it could come back to the commercial user group committee to
come up with a recommendation. Joe amended the motion and it was
taken off the floor and sent to the commercial user group for further work.
Joe Connors and Jeff King will bring a proposal to the board at the next
meeting in October.
OLD BUSINESS
A. Boat wake study-Robert Ruffner
The COE came to Alaska this year to look at what is happening on the
river during peak use time (July). They set up time lapse cameras at five
locations starting at Slikok Creek going down to Beaver Creek. The five
sites were selected after a long discussion with Mary King offish and
Game. The instruments measured the height of the boat wakes, which can
translate into energy that hit the banks. While they were measuring the
boat wake, the time lapse cameras' were at the same time recording the
boats as they were'passing by. With observers on the shore at each
location they' were recording if the boat was going upstream or
downstream, the type of hull, flat'or v-style, how many people in the boat,
placement in the fiver, middle or near shore and if it was planing or not.
This was done in 12-hour shifts. They also recorded the configuration of
the shore, was it shallow, deep, gravel or sandy. The Corps has six or
seven variables to work with to do some statistics to find out what this
mean to the bank. The other group of researchers came up and looked at
the type of material along the shore, clay, muddy, grassy, gravel, etc.
Each of these materials will have a different resistant to the wake impact.
This was a lot of work in a short period of time, but with the help of many
volunteers the study was very successful. Some results may be available
as early December or January. Jack stated that one amazing fact was that
4800 boats in a twelve-hour period were counted at Eagle Rock.
Paul asked about the boat wake-measuring device?
Robert said the device has electrical current to the instrument and the
electricity is affected when the wave goes up and down.
B. Kenai River Working Group update- Jack Sinclair
Once the working.group was done with their work the'State was going to
· produce, a draft regulation package that would go out for Public review this
winter. Jack stated that a dra~'t has not come out of the Law or
Administrative office in Anchorage. With a newly appointed Director, Mr.'
Lewanski needs time to get up to speed with what the working group was
commissioned to do by the Commissioner. There is a possibility he will be
present at the next board meeting.
Paul asked if there is a fund available for the working group.
Jack is not sure if there is still money available. There were no set funds
but some would become available if needed.
Paul made the motion to send a letter to the new Director asking about the
stares and the schedule for the next working group process and an update
on the regulation package. Joe Connors-seconded it.
It was voted on and there were no objections.
C. Outboard· buyback committee
This is just a reminder that a meeting needs to be schedule before the next
board meeting. Jack Sinclair, Ted Wellman, Jeff'King and Rick Wood,
Tim Stevens are presently on the committee.
D. Kenai River Center Update-Suzanne'Fisler.
Pam Russell reported that things are quiet, nothing new to report.
E. Kenai River Bridge Update-Matt Coullihan
Matt Coullahan is the DOT Bridge Engineer. They are currently in the
process of driving a cofferdam, which is a rectangular 111' by 38' sheet
pile system, which is going to encapsulate the old center pier for removal
purposes. Currently they are experience problems driving the sheet piles
down into the ground due to the hard bedrock at the bottom of the fiver.
They are currently using a water.jetting system to help in driving the piles
down. Once this is completed a new pier will.be constructed. Everyone is
welcome to visit the site and check out the system.' Check with the office
so that you can acquire a hard hat and vest. The office is located at 44661
Suite C Sterling Highway in the mall next to Dairy Queen.
E. Goal Review for 2006:
le
Additional lands in the upper Kenai River- lands around Trail Lake.
Ken Lancaster was going to check with Olson and Wagner about
additional land.
2. Corr Property stares- Mrs. Corr first asks if there were any question.
Jack stated how it was a pleasure t° meet'Mrs. Corr and to give a short
update as to What had been happening in the last year. Jack reported
how the information that the board had been receiving was by means
of persons other than the interested parties. The board went t° the
Kenai Peninsula Borough assembly and asked for their support and
that a resolution be drafted to the Governor to support the purchase of
the property. It is now understood that the negotiation has changed
and the conservation service is no longer interested in the purchase of
the property. The concern is to find out whether the property is still
available for purchase, if there is still an interest that the state buys it
and is there some conservation stares. Mrs. Corr stated that her
husband said to never sell the homestead, but he would have liked a
conservation easement on it. Many would rather see a row of houses
instead of nature. But she would sell the easement under certain
conditions. Jack asked would it be appropriate for the KRSMA group
to offer to continue the effort to pursue conservation stares on the
easement. Mrs. Corr agreed and would welcome a conservation
easement on the property.
Jack stated that Brad Micklejohn has discussed that the money that
was slated for the purpose of the Corr property purchase has been
committed to something else because no other money was coming
from the state or any other source. Brad indicated that if there was still
interest in getting the property in conservation hands he would work in
getting the money somewhere else, even a~neTM source.
Floyd asked how big the easement would be. Mrs. Corr stated
approximately 154 acres. Paul asked if there were any other interested
parties in purchasing the property. Mrs. Corr stated she always gets
offers, but not for a conservation easement.
Jack stated he would follow up on process and see if he can make
anything happen toward the purchase of the property.
Tom Corr said the family is concerned that this land be taken care of.
Tom feels they need some guarantees the state will take care of the
land. Such as stabilizing the bluff erosion; creating a no boat Wake
area, or buoys to control boats. No bridge on the property, no Poachers
Cove or River Bend and no major campground'. They want the land
kept natural. Tom commented that the property is for sale but the price
is negotiable.
3. Guide Standards program/Academy adoption
This is in the regulation package and the college is just waiting to get
the OK from the group.
4. Updated Carrying Capacity
Dick Hahn asked why some data from the boat.wake study would be
.. very useful in carrying capacity? It was suggested that Tom Walker
from the Aquaculture center be invited to a board meeting. Paul asked
if there wad any information about the workshop being put together
about the carrying capacity of the fiver and how to design new
regulation. Jack is working on the workshop and will have more
information when it comes available.
5. More public restrooms on the Kenai River.
6. User fee for everyone using the Kenai River.
7. HP Increase.
V®
ge
Commercial user group.
Joe stated the group is thinking along the lines that the committee
needs to have comprehensive approach concerning the Kenai River.
The package that has been submitted is just a small portion as to what
is going on with the commercial guides. Commercial and Non
commercial activities that are going on, such as tournaments, B&B,
booking agents and the pseudo guides, where people are paid by their
friends to take other friends out and are not permitted and water taxi
drop off service and not licensed. The fiver needs to be professional
across the board for all activities.
9.' Mixing zones .......
Paul presented 'an ariicle that was printed and that'the deadline
September 1 ~t is now is just a matter of policy not procedure. Paul was
bothered that this process was being done behind closed doors and that
more public participation needs to happen. Paul would like a letter
presented that the procedure needs to have public comment. Paul
made the motion that the board would like to make a comment of any
information that comes out as well as a public review process. Dick
seconds the motion. The letter will .be addressed to DEC.
PUBLIC COMMENT
Ricky Gease wanted to thank Jack Sinclair. and the staff for doing a good
.job on law enforcement on the river this year. This is the first year the
public did not complain about lack of law enforcement on the fiver. Many
of the comments were positive.
Vie
ADJOURNMENT
A. Board Comments
Paul Shadura commented that the law enforcement was not as strong as
it could have been in the dipnet fishery area. The area was a free for all
and that there were many complaints about out of state people
dipnctting. More enforcement should be present during the Kasilof and
Kenai personal use fishery.
K¢ith stated that the City of Kenai is planning another 2 boat launches
at the city dock to help relieve some of the pressure during the dipnet
fishery and a new exit road out of the area. A new restroom is also in
the planning.
Jeff stated that the new launches will help the river during the dip net
fishery. Having the additional ranger helped in the deterrent of violators
on the fiver.
Pete commented about the borough elections coming up on October 4t~,
and one of the items of interest to the KRSMA board is the on ballot
proposition. It is an advisory vote about the Funny River bridge
proposal. It is a two-part question, the first being should the state build
a bridge and the second is should the borough help fund the project. A
proposition summary should be sent out in the election information and
everyone should vote and stay informed.
Dick commented that something that disturbed him more than last year
was the 3-day exempt silver fishing that did not occur. He saw guided
boats net kings and keep them a year ago. This year no 3 day hiatus for
silvers, guides are now fishing post July 31 catch and release for king
openly; that is absurd. Once the fish escape the July 31 st deadline they
should be left alone. No catch and release.
Secondly, Dick has not given up on the drift fishery proposal on the
Kenai. If he could borrow the raw data for the boat wake study, he
could prepare a powerful argument for phasing in drift fishing for the
river and then there would be no problems with boat wakes, and no
worry about bank erosion. He is shocked that a proposal for an increase
in HP will help the boat wakes in the river. It is 35hp now and people
have 50 if it is changed to 50hp people with have 60's. In July the river
should be changed to drift only.
Ken Lancaster asked about the American Fishing Society meetings held
in Anchorage September 12 through the 15.
Ken suggested having a work session before the meeting at 3pm at the
River Center.
B. Date/Agenda of Next Meeting: October 13, 2005
Volume 19 ......... Issue fO
hat's Happening
Deadlines
he $oldotna Chamber Presents
DON'T FORGET!
Friday, October 14th, 6:00p.n.
$oldotna Sports Center
The BIGGEST and BEST event of the year
is SOLD OUT! Friday, October 14th, at
the Soldotna Sports Center will be the
"VEGAS" Pie Auction, as always there will
be entertainment, great food, and fantastic
prizes! The fun starts with a no-host bar at
6:00 pm and a Vegas style dinner and en-
tertainment at 6:30 pm. Then the real ex-
citement begins at 7:00 with a fun and fast
paced auction with our very own Norm
Blakely in which delicious pies will be auc-
tioned. 1
These pies are not only a delectable treat, 1
but each and every pie has a fabulous prize
attached to it! Prizes include a trip for two
to Vegas, a Caribbean Cruise for two and
much more.
At this time this event is SOLD OUT
These tSbles went fast! Thank you for sup-
porting your Soldotna Chamber of Com-
merce, High School Scholarship Funds and
other beneficial community projects with
all of the donations that were provided.
We welcome you to support this special
event, by donating a pie and/or item. We
will also present our "People's Choice
Award" for the most popular and unique
pie chosen by guest votes. Last year Janet
Pope with Natron Air took home the tro,
phy, this is your chance to hold the title and
the trophy in your place of business!
2005
Board
Sammie Cole-President
Southcentral Title 262-4494
Tim Pope-Past President
Natron Air 262-8440
Evy Gebhardt-President Elect
Peninsula Clarion 283-7551
Tracy Prior- Vice President
Alaska Premier Realty 252-1665
Lisa Roberts-$ec./Tres.
Key Bank 714-4284
Norm Blakeley
Alaska Trading & Loan 262-6100
Bill Gifford
Commodore's Guide Serv. 283-7551
Paul Gray
Exploring Alaska Show 262-9008
Becky Hutchinson
Alaska USA FCU 714-4326
Ken Lancaster
Lancaster Enterprises 260-6727
Dan Mortenson
4-D Carpet One 262-9181
Marnie Nelson
Alaska Legends Adventure Resort
260-9328
Jim Stogsdill-City Council Seat
262-5622
CHAMBER & VISITOR
CENTER STAFF
Executive Director- Michelle Glaves
director@sold0tnachamber.c0m
Member Services- Erica Williamson
erica@soldotnachamber.com
Project Coordinator- Robyn Sullens
,robyn@soldotnachamber. com
VLfltor Center Coordinator- ,Sylvia f~eid
info@soldotnachamber, com
Bookkeeper- Coda Pollard
carla@soldotnachamber.com
RIVER CITY PULLTAB
STORE
Store Manager- Rebecca Hanson
Phone 907-260-6100
,,,
44790 Sterling Hwy Soldotna, Alaska
99669
Phone 907'262-9814 Fax 907-262-3566
Sylvia and Michelle have re-
turned from their expedition to
the Winter Recreation and
Travel Show held in Anchorage
September 30th thru Oct.2nd at
the Sullivan Arena. They handed
out over 20 members brochures,
Soldotna Recreation guides,
and, of our local skiing trails and
snoWmachine trails in the Cari-
bou Hills. They had a great time
spreading the word that we are
a playground in the winter
months!
We would like to say a
special THANK YOU to
Aspen Hotel for
accomodations during
their stay.
We would also like to
recognize the following
businesses for their gen-
erous donations to use as
raffle items at the booth:
· Escape For Two
· Beach Front Lodge
· Dimond M Ranch
Bed & Breakfast,
Cabins, RV Park
· Kenai Fishing Acad-
emy
· Soldotna Inn/Mykels
· Aspen Hollow
· Quilt Kits Alaska
· Alaska Denise Lake
Lodge
CHAMBER
BENEFIT
i,
~ get the wora
a~. out"? Why not
K~try direct ma/ling?
[' Il. As a Soldotna
Chamber member you
are eligible to use our Postal
Bulk Mail Permit. When
mailing over 200 pieces of
mail to potential customers
this permit can save you on
postage! Also utilize this
publication by placing your
flyer in the newsletter for
free one time a year and
$30. each additional. Place
a business card size ad for
only $25. Each month 750
copies are mailed out to our
members, give us a ca
place your informati
the Soldotna Chamue?
Connection.
*2*
CHAMBER BOARD
ANNOUNCES...
BOARD NOMINATION TIME
The Soldotna Chamber is looking for a few good people. If
you would like to help your community and can commit to
the following, we encourage you to fill out the board nomina-
tion form enclosed. '
· Attend monthly board meetings
· Participate on one or more committees
· Encourage potential members to join and
participate in the Soldotna Chamber
· Weekly luncheons meetings
There are three elected (3 year terms) and three appointed
(1 year terms) seats open. If you are interested in serving on
the Soldotna Chamber of Commerce Board of Directors for
the 2006-2008 elected term and would like to be considered
as a candidate in the upcoming election, or if you are inter-
ested in serving as a one-year appointee, please fill out the
enclosed Declaration of Candidacy form and remm it to the
Chamber Office no later than Wednesday, October 5, 2005 or
you can fax it to the Office at 262-3566.
Welcome New Members
OPEN 7 DAYS A WEEK ". ~:,
'MINISTORAGE :ii I i
' 14 FT. MOVING VAN II I I '
· Manager & Office On Site
· Well Lighted Units
· 20-40ft. Container Sales
· Perimeter Fence & Electronic Gate With
Ke' 3ded Access
· Vk /eillance
· Senior Discounts
· File Storage Cabinets
· 20 & 40 ft. Connex Containers on
& Off Site
· Open Storage for RV's Boats,
Motor Homes
" 24
907 262-4771
Mile 19.5 K-Beach Rd. ° Soldotna ° www.jbstornlokinc.com · Emaii:
jl~stornlol~(~_,acsalasl~a.net
Vis cr enter
The August numbers are in! :::'::'?"!: :~!il
10,498 visitors came through
the center. We mailed 55 ..... ::'~
relocation packets and 520
recreation guides potential
visitors.
All summer employees have
gone into hibernation, still we
continue to have 50-60 visitors a
day and it's nice to see the
season last a little longer.
CALLING ALL ARTISTS!
The Visitor Center will be organizing an art walk for the
summer of 2006. We welcome all styles of artists who are
willing to donate a piece of their work. The artwork will be
displayed at selected chamber member store fronts. Visitors will
receive a map to go and view these special pieces along with a
punch card. Visitors will go from business to business in order
to complete their card, they will then remm their card to the
Visitor Center which will get them entered into the year end
drawing for a piece of the artwork. All artwork must be in no
latin'than March 15t~ 2006. Happy creating!
If you have any questions please contact me at 262-1337 or
info,so ldo machamber, com.
Thank you,
1.) Wilder continued working on
installing the cofferdam. Work
on this will continue into
October.
2.) Installed the curb and gutter
along Riverside Drive. The
schedule is to pave this on
Tuesday, October 4, weather
permitting.
3.) Worked on constructing the new intersection at Kalifomski
Beach Road and the Sterling Highway.
4.) Installed a temporary signal at K-Beach and the Sterling
Highway.
5.) Installed most of the f'mal new signal at K-Beach and the
Sterling Highway. This should be completed in early October.
6.) Placed riprap on the south bank of the Kenai River for the new
bridge abutment. ~-/:'::.':-.
7.) Began driving piling for the new bridge abutment on the South
side of the Kenai River. This will be c6mpleted in early October
and the new abutment will be completed later in the month.
8.) Installed most of the new highway lighting system south of the
bridge.
9.) Installed new storm drain lift station on Sterling Highway.
10.) Almost complete with the new storm drain system. Should
complete this in October.
11 .) Constructed the new ditches and installed new culvert pipes
on the south side of the bridge.
WWW.KENAIRIvERBRIDGE.COM -
'3'
Saldatna Chamber af Cammerce
4~7g0 literling ilmg.
Saidatna, flK 9gfifig
City of Kenai
Mayor Pat Porter
210 Fidalgo Ave.
Kenai, AK 99611
1 ENHANCED SUCCESS
flTO
PROVIDE
[OF OUR MEMBERSHIP AND SERVE AS A DRIVER
I
[ IN DEVELOPING SOLDoTNA'S FUTURE"
I
[ The Soidotna Chamber Connection is a
] monthly publication of the Soldotna Chamber of Commerce.
~ This publication is sent to members and
~ associated organizations.
~ Comment or suggestions to the newsletter are always welcome.
[~~e submit them to robyn~soldotnachamber, com
~c~din~ OFFo~tuniti~ .....
Bu~in~ ¢~rcl $iz~ ............................................... $25 .
Full Page Insert-Once a year is FREE
Additional Inserts ................................................. $30
OR come in and assist with inserting the newsletter
and receive your inserts at no charge.
All rates are for one camera-ready advertisement for one issue of t
Chamber Connection. All ads must be recieved no later than the 3rd V~,,.I
of the month preceding publication. Send your artwork to
robyn@soldotnachamber.com
or call 262-9814 for more information. '
Z
Z
~ FLOAT PLANE BASIN ACTIVITY
Municipal Airport 2002-2005
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm!
Month
APRIL
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
2005
2
114
317
327
238
227
2004
0
99
161
428
342
134
40
Closed
2003
0
86
158
259
287
215
63
Closed
2002
0
~4
223
345
233
37
~0
.........................
*not reported
mmm mm mm mmm mm, mmm m m,m mm, mmm m
FUEL SALES
mmmmmmmmmmmm mmmmmmmmmmmmmmmmm
Month
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
2005 20O4
$1,035 $452
$3,101 $2,209
$3,461 $2,095
$3,365 $2,041
$2,811 $792
$26
20O3
$835
$1,391
$1,773
$2,513
$2,219
$263
2002
$98
$1,986
$2,757
$2,419
$983
$65
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm!
Slips Rented
Private
Commerical
12
0
Rev 8/2003
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°Z Resolutions Third Quarter 2005
-It)
TYPE OF PERMIT Resolution # TYPE
MEETING DA TE ACTION
Amend KMC
200542 Amend Land Use Table 07/13/2005 Approved
200543 Amend Land Use Table 07/13/2005 Approved
200554 Amend CUP 05-27 - Storage Bldg.
09/14/2005 Approved
Conditional Use Permit
200545 Restaurant 07/27/2005 Approved
Encroachment Permit
200544 Side Setback 07/13/2005 Approved
Landscape/Site Plan
200557 Tesoro Alaska 09/26/2005 Approved
Preliminary Plat
200547 Enders SD 07/27/2005 Approved
200548 Eagle Bluff SD 08/10/2005 Approved
200549 Boat Ramp SD 08/10/2005 Approved
200550 Shill's Estate 08/10/2005 Approved
200552 ROW Easement Vacation
08/24/2005 Approved
Rezone
200546 RR - CG 07/27/2005 Failed
200553 C - CG 09/14/2005 Approved
Transfer Conditional Use Permit
200556 Transfer CUP 9845 09/28/2005 Approved
TSH Development
200555 Building Permit 09/28/2005 Approved
Variance
200551 Rear Yard Setback 08/24/2005 Approved
04 October, 2005 Page 1 of I
0 0
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·
Carol Freas
)From' Betty Svensson [betty@akml.org]
./
Sent: Friday, October 14, 2005 10:29 AM
To: betty@akml.org
Subject: AML Local Government Conference Update
To: Mayors, Managers/Administrators and Municipal Clerks:
Reminder-Today, Friday, October 14th is the deadline for. garl.y registration to the 55th AML Local
Government Conference and Pre Conference events in Anchorage, a savings of up to $50.00.
Attached is a Draf_! copy of the agenda and workshop descriptions.
Register today and save $$$$ For more information and to register online click on the link(s) below.
Pre Conference Registration
Monday & Tuesday - November 7&8, 2005
NEO- Newly (& Continuing) Elected Officials NEO Online Registratio~n
ACoM- Alaska Conference of Mayors - ACoM" Online Registratio~____n_n
Tuesday, November 8, 2005
AMMA- Alaska Municipal Management Association - AMMA - Online Registration
AAMC - Alaska Association of Municipal Clerks- Fall A--Cademy _ AAMC-~lerks O-nline Re 'stration
'onference Registration:
~.,ovember 9-11, 2005
55th Annual Local Government Conference - Conference Online Registratiop
If you have any questions, please call us at 1-877-636-1325.
Hope to see you in Anchorage!
Betty Svensson, Administrative Assistant
Alaska Municipal League
217 2nd Street Suite 200
Juneau, AK 99801
Phone: 907-586-1325 Fax: 907-463-5480
www.akml.org
10/14/2005
Novernber 9-11, 2005
Hi Anchorage Hotel
horage, Alaska
Pm-Conference
Continuing & Newly Elected Officials Training
November 7-8, 2005
Preliminary Conference Schedule
Monday - Nov. 7
Newly Elected Officials
(NEO)
Pre-Conference Association
Meetings
· Municipal Finance
Officers (AGFOA)
· Municipal Assesors
· Municipal Attomeys
· Conference of Mayors
(AC, oM)
Tuesday - Nov. 8
Newly Elected Officials
(aEO)
Pre-Conference Association
Meetings
· Municipal Finance
Officers (AGFOA)
· Municipal Assesors
· Municipal Attorneys
· MuniciDal Managers
(AMitY)
· Municipal Oerks/Mayors
ANL Board of Directors
Early Conference
Registration
Affiliate Dinner
Wednesday - Nov. ~
All Day- Registration &
Exh~its
AML~ Annual Meeting/
Breakfast
· Municipal Finance officers
(AGFOA) haE day
Opening Session- Keynote
Opening Day Luncheon
Workshops Session - !
· Economic Devlopment
Panning
· Keynote Workshop !
· Parliamentary Procedure
· Gasline ~sues
Ice Cream Social
Workshops Session - I!
· CEPRA/CEDA
· Keynote Workshop 2
· AMLIIA
Nominating Committee
Anchorage Welcome
Reception
Thursday- Nov. Z0
AILD,ay' ,-. Registration & r. xmb~s
Policy Committee Meetings
Workshops Session - I~
· Economic Deviopment
Finance
· Funders
' AMLIIA
· Putting Advocacy into
Action
Lunch Break
Workshops Session - ~/
· Successful Economic
Development Practices
· Funders
· US Census, Changing
America
· Homeland Security
Revenue Sharing Rally
Resolution Committee
MeeUng
President's Reception/
Auction
Annual Banquet
Friday- Nov. zz
Board Elections
Membership Gourmet
Breakfast
Annual Membership Meeting
Legislative Committee
Members
AML Board of Directors
Department of Homeland Security,
National Communications System
Priority Telecommunications Systems
(1) Government Emergency Telecommunications Service
(GETS) is a "calling card" with a PIN that gives a user
priority through the public telecommunication network
during times oJ: congestion.
(2) Wireless Priority Service (WPS) is a feature which
gives a user priority through the cellular network
during congestion, it is available on T-mobile,
Cingular, and Nextel.
(3) Telecommunications Service Priority (TSP) gives priority
for restoration/provisioning on communication circuits
though the service provider.
US Census Bureau
American Community Survey:
America is Changing & So is the Census
The American Community Survey is the cornerstone of
the government's effort to keep pace with the nation's
changing population and ever-increasing demands for
timely and relevant data about population and housing
characteristics. The new survey will provide current
demographic, socio-economic and housing information out
America's communities every year - information that until
now was available only once a decade from the long-form
questionnaire of the census. Elected officials, community
leaders and businesses will have access to current data
to address a wide range of current social and economic
issues - a more efficient use of taxpayer dollars.
Alaska Municipal League
Joint Insurance Association (AMLJIA)
Claims Reporting Lag Time
Recently, the AMLJIA conducted an in-house claims
audit with a 90 percent average in compliance with all
standards evaluated. However, it was noted that AMUIA
members late report claims. This session will focus on
assisting pool members to report claims timely.
The Red, White and Blues of Human Resources
- AMLJIA Staff
Effective communication helps avoid discrimination, is
insurance against litigation and enhances understanding
and discussion. This training will give you the tools that
managers and leaders can bring back to the workplace to
promote a healthy productive workforce. Understanding
your legal obligations in the workplace will save you time
and energy.
Funders:
Two-Part Workshop
Writing a Funding Proposal- Part One
Do you have an idea for growth in your community but
need some help writing it up~ Bring your ideas and we'll
help you write your letter to the Denali Cormnission Funding
Group. After the break the Funding Group will join us to
review the letters. Learn what they look forl Put your
name in the hat for a one year community membership
subscription to GrantStationl Must be present to win.
Kathie Wasserman has over 20 years of broad
experience with local government Jn Alaska. She's written
numerous grants for Denali Commission projects and is
familiar with the needs of rural Alaska. Kathle is the
Immediate Past President of the Alaska Conference of
Mayors and former AML Board Member.
REVIEWING Funding Proposals - Part Two
Now that you have your request written, learn what the
Funders look for in a great project or idea. The Funding
Group will spend time discussing what technical aspects
they look for in proposlas and what each proposal MUST
have. Stick around for the GrantStation membership
drawing.
Presenters: I~athie Wasserman, AML
Bill Allen, USDA
Deb Sofield
Putting Advocacy into Action
Deb Sofield is President of Deb Sofield - Executive Speech
Coaching which trains women and men nationwide for
success in speaking, presentation skills and message
development.
Deb was named "Communicator of the Year" by the
Association for Women in Communications and won
the prestigious Toastmasters District 58 Communication
and Leadership Award for the state of South Carolina.
Recently, she was awarded the Strom Thurmond Excellence
in Public Service and Leadership Award for her service
to the state of South Carolina. Deb is a member of the
National Speakers Association.
Putting Advocacy into Aclion Workshop
Rememer what Tip O'Neai taught us... that ali politics
is local.., and today that is more true than ever. Times
. have changed with the advent of email, fax and wireless
!and the general warp speed of every day life. We are
-more connected than ever and if you are out of the loop
it could cost you an election, cost your town precious funds,
and harm your district.
You are in the driver's seat, so do your town a favor and
monitor what gets done on the federal, state, and local
level.., and make sure what you are expecting is really
getting done and not just being given lip service. Come
learn how to put advocacy into action.
Alaska Regional Economic Development
Organization (ARDOR)
Economic Development Track
Economic Development Planning:
A look at the role of economic development planning
at the community, borough and regional level. How
planning at every level works to create a web of informed
planning activity and coordinated, strategic investments in
infrastructure and economic development capacity.
Wanetta Ayers, John Downes, Sue Cogsweli, Rollo Pool
Best Practices/Successful Economic Development
Projects:
A survey of successful economic development projects
around the state.
Barb Nickels, AEDC/AMEP, Sue Cogswell, Carl Berger
Economic Development Finance
A review of funding sources available for community and
economic development.
John Parker, Kathryn Dodge
CEPRA, CEDA
The changing landscape of economic development in
Alaska, a look a new initiatives for rural and statewide
economic development
Rob Wells, Midge Clouse, Bill Allen, Christi Bell
~. AGENDA
'~, ~%~ENAI CITY COUNCIL- REGULAR MEETING
,~.<~..~.'x~ OCTOBER 19, 2005
~**~,~,~,,/~ KENAI CITY COUNCIL CHAMBERS
KENAI, ALASKA http://www, ci.kenai.ak.us
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Larry Peek, Architect and James McCoflflell, Project Coordinator
for Senior Connection, Inc. -- Assisted Living Project Update
2. Rick Baldwin -- KEDS Update
3. Sharon Vannatta -- Kenai Community Library/Usage of the Library.
ITEM F: PUBLIC HEARINGS
1. 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.
2. Ordinance No. 2127-2005 -- Increasing Estimated Revenues and
Appropriations by $15,000 in the General Fund for Shop Repair and
Maintenance.
3. Resolution No. 2005-47 -- Adopting an Alternative Allocation Method
for the FY06 Shared Fisheries Business Tax Program and Certifying
that this Allocation Method Fairly Represents the Distribution of
Significant Effects of Fisheries Business Activity in Cook Inlet.
ITEM H: OLD BUSINESS
ITEM I: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $2,500
3. * Ordinance No. 2128-2005--Increasing Estimated Revenues and
Appropriations by $6,200 in the General Fund for a Library Grant.
4. * Ordinance No. 2129-2005 --Increasing Estimated Revenues and
,Appropriations by $6,555.55 in the General Fund for a Boys & Girls
Club State Grant.
5. *Ordinance No. 2130-2005 -- Enacting KMC 1.15.130 Entitled,
"Telephonic Participation," Which Allows and Establishes Rules for
Council Members to Telephonically Participate in Council Meetings.
6. Discussion -- Council/Commission Liaison Assignments
7. Discussion -- 2005 Dip Net Fishery Report
EXECUTIVE SESSION -- None Scheduled.
ITEM N: ADJOURNMENT.
The public is invited to attend and participate. Additional information is
available through the City Clerk's office at 210 Fidalgo Avenue, or visit our
website at http://www, ci.kenai.ak.us.
Carol L. Freas, City Clerk D569/211
MAKE PACKETS
COUNCIL PACKET D~STI~BUT~ON
I COUNC:[L MEE'I']:N6 DATE:
Mayor/Council Attorney ,,.- ~ Ta¥1or/$prin~/er/Kebschull
Clerk / City Mona,/er / Public Works
Police Department ~ Finance / En~/inee~
Senior Cente~ ~/ Airport / Kim
Lib~,a~,¥ .-~pa~ks & Recreation / Clarion
Fire Deportment ~ 5chmidt ~'Mellish
VISTA ,"Student Rep. ~ "~,SRM
AGENDA D~$TR~BUT~ON
Sewer Treatment Plant Streets
Shop bock
Building Maintenance Animal Control
Wate~/$ewe~ Counte~
DELIVER
Council and Student Representative Packets to Police Department Dispatch desk.
The Clarion, KSRM, Mellish & $chmidt's Office will pick thei~ packet up in my
office. The por'tion of the agenda published by the CIm'ion should be emailed as
soon as possible after Noon on packet day. The came~a-~eed¥ agenda
c:/myfiles/document$/minute$/agenda form for pape~) is ama/led to Denise at
P~insula C/ar/on (at email folde~ Wo~k Session/Special Meetings, o~ Composition in
Contacts o~ Ibell~acsalaska.net). Home Page documents (agenda, ~esolutions,
o~dinances for' public hea~ing, and o~dinances fo~' introduction) a~e usually ama/led
to me and I hold them in my HTML file. Place them onto the city's webs/re from
ther'e as soon as possible befor'e leaving the office for' the weekend.