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HomeMy WebLinkAbout2005-12-21 Council PacketKenai City Council Meeting Packet December 21, 2005 AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 21, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ 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 (3 minutes) 1. Kyle Coleman, KCHS Hockey Team -- Presentation to Kenai Fire Department. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND_ COUNC~ ITEM E: PUBLIC HEARINGS le Ordinance No. 2135-2005 -- Increasing Estimated Revenues and Appropriations by $6,100 in the General Fund for a Donation to the Peninsula Art Guild for Building Repairs. e Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. o Resolution No. 2005-55 -- Approving the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan. . *Liquor License Renewal-- Kenai Country Liquor/Package Store. ITEM F: MINUTES . Regular City Council Meeting of November 16, 2005. *Regular City Council Meeting of December 7, 2005. o ITEM G: ITEM H: . e e . . . e e 10. 11. 12. ITEM I: . Xe 2. 3. 4. 5. 6. 7. *Work Session Notes of December 13, 2005. *Special City Council Meeting of December 14, 2005. OLD BUSINESS NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2137-2005 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Library Improvement Capital Project Fund for Building Design. Approval-- Assignment of Lease, Polar Equipment/Tract C, Kenai Tidelands Survey No. 2 -- Polar Equipment, Inc. d/b/a Cook Inlet Processing to Ocean Beauty Seafoods, Inc. Approval -- Termination of Leases, Baxter Snider and Kenai Aviation Services, Inc./Lot 1, Block 3 and Lot 2, Block 1, General Aviation Apron. Approval -- Lease Application -- Ronald J. Johnson, d/b/a Kenai Mini Storage & Rentals, Inc./Lot 3, Block 5, Cook Inlet Industrial Air Park. Discussion -- Branding Project. Discussion -- "Exploring Kenai" Program. Discussion -- Proposed Angler Drive L.I.D. -- Report of City Manager to Council. Discussion -- Frontier Community Services Design Proposal. Discussion -- Dena'ina Point Estates, St. Augustine Addition. Discussion -- Schedule Work Session with Alaska Department of Transpo~afion/M~ Street Loop Intersection Improvements. 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 Co Arctic ~Vinter Games Stranded Gas Committee ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM M: ADJOURNMENT ~w ~- n"wz I-- LLI LLI w ~ Z 0 ~w ~" n"wz w ~ ~wz Suggested by: Admini ........ CITY OF KENAI ORDINANCE NO. 2135-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,100 IN THE GENERAL FUND FOR A DONATION TO THE PENINSULA ART GUILD FOR BUILDING REPAIRS. WHEREAS, the Peninsula Art Guild has identified repairs needed at the Kenai Fine Arts Center; and, WHEREAS, the Art Guild has been awarded a Rasmuson grant for part of the repairs; and, WHEREAS, it is in the best interest of the City to donate $6,100 to this project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows' General Fund Estimated Revenues: Appropriation of Fund Balance $6,100 Appropriations: Legislative- Miscellaneous $6,100 PASSED BY. THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of December, 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance: (11/22/2005) hl Introduced: Adopted: Effective: December 7, 2005 December 21, 2005 December 21, 2005 Suggested by' City CITY OF KENAI ORDIN~CE NO. 2136-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE SALE OF FOUR (4) PARCELS OF LAND TO THE CONSERVATION FUND FOR FAIR MARKET VALUE AND PLACING CERTAIN CONDITIONS ON THE SALE. WHEREAS, KMC 22.05.080 authorizes the City to sell land it owns to IRS 501(c)(3) corporations for consideration as agreed upon by the parties; and, WHEREAS, the Conservation Fund, an IRS 501(c)(3) corporation, has requested to purchase four (4) parcels of City property as shown on Attachment "A" of this ordinance; and, WHEREAS, the property is wetlands property adjoining the Kenai River that is not suitable for development and should be preserved as wetlands; and, WHEREAS, the consideration agreed to is as follows, which is fair market value as reported in the Restricted Use Appraisal Report produced by Julie Derry of Derry & Associates, Inc., and dated April 22, 2005: Parcel 1' $46,000 Parcel 4: $ 8,000 Parcel 5' $27,500 Parcel 6' $ 1,000; and, WHEREAS, the deed of conveyance will require the property be placed in a land trust for preservation; and, WHEREAS, the deed of conveyance will stipulate the property may not be conveyed to the State of Alaska; and, WHEREAS, these parcels are not needed for a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the parcels identified as parcels 1, 4, 5 and 6 on Attachment "A' may be sold to the Conservation Fund, an IRS 501(c)(3) corporation, as follows. Parcel 1, consisting of approximately 45.67 acres for $46,000; Parcel 4, consisting of approximately 14.63 acres for $8,000; Parcel 5, consisting of approximately 61.37 acres for $27,500; and Parcel 6, consisting of approximately 2.04 acres for $1,000. Furthermore, be it ordained that the deed of conveyance shall require the property to be held for preservation by a land trust and not be conveyed to the State of Alaska. Ordinance No. 2136-2005 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December 2005. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Introduced: Adopted: Effective: December 7, 2005 December 21, 2005 January 21, 2005 Orciinance 2136-2005 Parcel 1 $46,000 45.67 Ac Parcel 4 $8,O00 14.63 Ac Parcel 5 $27,500 61.37 Ac Attachment A Suggested by: CITY OF KENAI RESOLUTION NO. 2005-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, APPROVING THE KENAI MUNICIPAL AIRPORT SUPPLEMENTAL PLANNING ASSESSMENT PHASE 2 REPORT AND THE IMPLEMENTATION PLAN. WHEREAS, the City of Kenai requested an evaluation of the land use, property management, financial management a.nd strategic direction of the Kenai Airport; and, WHEREAS, the Federal Aviation Administration asked for and endorsed this evaluation and has assisted with its funding; and, WHEREAS, a DOWL Engineers team was selected to complete this evaluation and has recommended a Supplemental Planning Assessment; and, WHEREAS, the Supplemental Planning Assessment was completed over the past year with involvement of the Airport Commission, City Council, and the public; and, WHEREAS, an Implementation Plan was prepared setting an implementation schedule for the recommendations of the Supplemental Planning Assessment; and, WHEREAS, the City Council and Airport Commission reviewed the Draft Supplemental Planning Assessment Phase 2 Report and Implementation Plan on November 18, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan are hereby approved for implementation by the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this December 21 st day of December, 2005. ~AT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk nal Municipal Airport "Serving the Greater Kenai Peninsula" Memo To: From: Date: Subject: Charles M. Kopp- Acting City Manager Rebecca Cronkhite - Airport Manager December 14, 2005 Approval of Supplemental Airport Master Plan At their December 8 meeting the Airport Commission discussed the final approval of the Airport Supplemental Master Plan Assessment. The main discussion centered around the first paragraph on page 5 of Appendix A. The draft version is: "Lease land and facilities within the airport boundary (both aviation and non- aviation use areas) at fair market value rates and limit the sale of land outside the airport reserve to preserve the future revenue-generating potential of the property." The revised wording recommended by Commission removed the word limit because there was concern from the public that it might restrict the economic development of land outside the airport reserve. The Commission recommended the revised wording below. The Commission agreed with the consultant that the purpose of the project was to recommend land uses and financial management policies for all airport properties, including lands not needed for airport purposes. Under the FAA grant obligations the City is required to manage these lands and revenues to the maximum benefit of the airport. This is consistent with the strategic plan to preserve future revenue-generating potential of the properties for the benefit of the airport's long-term financial viability. With this in mind, the recommendation is to lease land outside the reserve, when possible, to finance ongoing airport operations costs far into the future. It was evident in the discussion that Commission does not wish to restrict development but at the same time, they wish the City to continue to consider the benefits of leasing when it does not impair development. The recommended new wording is: www. KenaiAirport. com Approval of Supplemental Airport Master Plan Page 2 "Lease land and facilities within the airport reserve at fair market value rates and to the extent practical lease airport land outside the airport reserve to preserve the future revenue-generating potential of the property." In further deliberations the Commission moved to recommend an additional paragraph be added stating that the City should amend the lease/sale documents to ensure the Airport Revenue Fund has first right of refusal on any future resale of former Airport property outside the Airport Reserve and that the City shOuld have second right of refusal on any such property. The discussion noted that there may be a time in the future when the Airport or the City has need for property unforeseen today. By adding wording to the lease/sale documents future Councils would have the opportunity to purchase land. The Commission was very clear that they did not intend this to obligate the City but to provide options far in the future. The Commission then voted unanimously to recommend Council adopts the Supplemental Master Planning Assessment with the aforementioned changes. www. KenaiAirport.com ENAI PENINSULA BORO! 144 N. BINKLEY , SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 714-2160 ' FAX (907) 714-2388 EMAIL: assemblyclerk@borough.kenai.ak, us December 14, 2005 SHERRY BIGGS, CMC BOROUGH CLERK Ms. Dawn Holland-Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Rd. Anchorage, AK 99507-1286 Application for Renewal of Liquor License Dear Ms. Holland-Williams: Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s) for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai, Alaska: Packaee Store Foodtown Liquor, Inc. DBA Kenai Country Liquor - #1308 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, cc: applicant City of Kenai KPB Finance Department File S:\WPWIN~DATA~A. BC Boar&Abc-letters~d~NEWALS~Renewal in City. wpd Page 1 of 2 Carol Freas From: Reeda Jaramillo [reeda_jaramillo@dps.state.ak.us] Sent: Friday, December 09, 2005 1:05 PM To: Carol Freas Cc: Sue Ellen Essert Subject: 2006-2007 Renewal Notification - Kenai Dear Local Governing Body: We have received the following application(s) for renewal of liquor license(s) within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included below. 2006-2007 Type: Package Store License: 'Kenai Country Liquor #1308 Location: 140 S Willow Street Owner: Foodtown Liquor lnc Agent: Joyce Gilman Phone: 907-283-7651 Mailing Address: PO Box 2941 Kenai AK 99611. We have received application (see attached notice) for a liquor license(s) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), 12/12/2005 KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www. ci.kenai.ak.us MEMORANDUM TO' FROM' DATE' RE: Mayor and Council Members Carol L. Freas, City December 14, 2005 NOVEMBER 16, 2005 COUNCIL MEETING MINUTES .. REQUEST FOR CORRECTION At the December 7, 2005 council meeting, the minutes of the November 16, 2005 council meeting were removed from the consent agenda at the request of Council Member Molloy who requested they be corrected at Item B-2, page 3, third paragraph, second sentence to read: "It was also noted the council had already passed a resolution which expressed intent to donate up to 30 acres of the property to the Senior Connection and the design concerns would be addressed during the permitting and planning stages." This would be a change from the following: It was noted the city had donated property in the past to Habitat for Humanities, for the Juvenile Detention Facility, etc. It was also noted, the council had already passed a resolution in support of donating the property and the design concerns would be addressed during the permitting and planning stages. As requested, attached is a copy of the verbatim of the B-2 discussion. The particular portion in question reads: Kopp: Yes Council, you'll remember about eight months ago we had a resolution before council which was approved stating council's intent to donate up to 30 acres of the 77-acre parcel. It was contingent upon the site plan being approved, that was actually followed through and developed for its proposed purpose. The good issues that Councilman Molloy raised will be addressed of course, in the permitting/planning process but Council did previously address this issue and provided a resolution of support for this project. I believe the minutes as presented accurately reflect what was stated during the discussion. KEN/ti CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2005 PARTIAL VERBATIM ITEM B-2, Ken Duff, Ex. Director, Frontier Community Services -- Frontier Community Services Building Project DUFF' My name is Ken Duff. I'm with Frontier Community Services and we are located at the Red Diamond Center on K-Beach Road and no, we're not a city resident yet. Okay, last May, I believe I was here and presented to the council a suggestion or a request that the City of Kenai give land to Frontier Community Services to build a campus for our administrative offices as well as our program offices and at that time, I had absolutely in the way of concepts or architectural drawings and you asked that I produce for those for you so that you had something ~ really to base your decision on. So we, in the meantime, have contracted with Bill Kluge and have met with a number of potential funders around the state and that is what we are presenting to you this evening. I believe you have the concept paper and some of the original drawings in your packet and Bill just gave you some very nice colored presentations too. Are there specific questions then? PORTER: Does council have any questions of Mr. Duff. I'm sure he'd be happy to answer them or Mr. Kluge. I was very impressed with your presentation. Very impressed with your site plan and I personally am very excited that you're hoping to do business in the city. DUFF: We're very hopeful. PORTER: Council, any questions? Councilman Moore. MOORE: Thank you Madam Mayor. So what we're seeing, what we were handed from Mr. Kluge, was I think a day care building and an administrative building? DUFF: Yes. MOORE: Okay. And then, in the minutes from the meeting that I was given in June, our city manager reported that the property that you identified is also been identified by the Senior Connection, a 77-acre piece of property. Are we still at the same piece of property that we're speaking of there? DUFF: Yes, I believe so. They... MOORE: Okay. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2005 PARTIAL VERBATIM, ITEM B-2 Page 2 of 5 DUFF: ...I believe Bill had on the footprint where the land was that the Senior Connection was looking at and where the plan was that... MOORE: discussion) ...cause I was looking for that and maybe I missed it. (inaudible Great, I didn't read it. PORTER: Mr. Kluge, did you want to make a comment about that so the audience can hear as well? MOORE' If I could just say, the reason for my concern is that I just wanted to make sure there was room on that piece of property. KLUGE: Yes, actually Councilman Moore, we have, we have allowed room on the property for what is proposed for the assisted living project. In fact, we checked with the city to fred out what they had proposed to utilize on this site prior to our, our work. We also have created a trail system for the day care center and it'd be an exercise trail in the summer and a cross-country ski trail in the winter and we're actually proposing to provide access to that senior project to that trail system and it's noted on you're A-1 drawing and I don't know how it's oriented that you have there, but it's on the left hand side. PORTER: Any other questions from council? Councilman Molloy. MOLLOY: You're plan involves the city donating... PORTER: Mr. Molloy, could you pull that... MOLLOY: ...certainly... PORTER: that's okay... MOLLOY: PORTER: ...that's all fight... MOLLOY: ...I apologize. Your plan involves the city donating the 34 acres. Have you looked at a model for financing where you, where there might.be a lease or a sale by the city to the organization? KLUGE: I guess I should let Ken address that issue. PORTER: Okay... KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2005 PARTIAL VERBATIM, ITEM B-2 Page 3 of 5 DUFF: At this time we have not. We have been at least, initially putting together numbers with the idea that the city would be donating the land to us which would help with the funders showing local contribution to the project. We're not locked in at this point with any submission for funding, so whatever the city might be interested in, then we would look how to proceed. MOLLOY: Thank you. PORTER: Just, just a reminder for council that we do have a code that allows us to make land donations to non-profit organizations which are 501(3)(c)'s and Frontier Community Services fits in that category. Councilman Ross. ROSS: The adjoining property that Senior Connection is looking at had encumbrances and assessments against it that they've applied for a grant to clear up as part of a transaction with the city. Does this property also have encumbrances and taxes owed against it? PORTER: Let me refer to the city attorney for that. GRAVES: This is basically one parcel...I need to turn my mike on too.., this is basically one parcel. A 77-acre parcel that the Senior Connection wants a piece of and Frontier wants a piece of, so the encumbrances and taxes apply to the whole parcel. PORTER: Okay, Councilman Ross, I see where you're going with this. ROSS: In follow-up, is the proposal the same as it was for Senior Connection that encumbrances and taxes owed would be part of the transaction cost borne by the recipient? PORTER: Ah, Mr. Duff, have, have you addressed that issue with the city administration? DUFF: No Ma'am, this is the first time we were aware of it but we would be very interested in sharing... PORTER: Very willing to do that? DUFF: Yes, very defu~tely. PORTER: Good. Thank you. Any other comments from council? Well, seeing no more comments, I would, I would imagine that you...is council in concurrence with Mr. Duff that we should move forward with this project and allow him to work out details with the, with the city administration? Councilman Molloy. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2005 PARTIAL VERBATIM, ITEM B-2 Page 4 of 5 MOLLOY: I, I have some reservations based on the fact...I know that you brought out that we have the authority to you know, donate to a non-profit, but, and I know that Frontier Community Services has a very valuable service that they provide to the community, but I'm not aware of the city having, and I could be wrong, but I'm not aware of the city having done a donation of that magnitude in the past... PORTER: I...excuse me... MOLLOY: ...and, so I would be concerned about a couple things. One would be, you know, like a traffic-type issues and if there, and what kind of design considerations there might have to be for that and who would bear the cost of that also and in addition, you know, there would be, you know, no sales tax revenue or property tax revenue. So, so I would, I would like to, I would like to see also a plan where there might be a lease or, or sale that would provide some cash to the city. Thank you. PORTER: What is the pleasure of council? Councilwoman Swarner. SWARNER: Thank you Madam Mayor. Just a history lesson. We have donated land to Habitat for Humanity and some of that land was foreclosed on land, or land that was that were property taxes owed on and as I recall there was One piece of property on Wildwood Drive that is, that was donated because of that. And then there was, there was some land off of Colonial Drive as well. So, the city has had a history of donating land to non-profit organizations. PORTER: Councilman Molloy, not only has the city has a history of donating to non-profit organizations, they've also had a history of having purchased land out of the General Fund and paid it to the airport so that we could have the Senior Center located, the Juvenile Detention Center...so there have been big blocks of donated, basically donated land. But, I'd like to refer to the City Manager. He has a comment he'd like to make. KOPP: Yes Council, you'll remember about eight months ago we had a resolution before council which was approved stating council's intent to donate up to 30 acres of the 77-acre parcel. It was contingent upon the site plan being approved, that was actually followed through and developed for its proposed purpose. The good issues that Councilman Molloy raised will be addressed of course, in the permitting/planning process but Council did previously address this issue and provided a resolution of support for this project. MOLLOY: Thank you. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 16, 2005 PARTIAL VERBATIM, ITEM B-2 Page 5 of 5 PORTER: Thank you. Councilman Ross. ROSS: I take it that your direction to proceed is not a commitment of council, but a direction to proceed to bring back to us a plan for... PORTER: Correct...just, just as if we have done with the Assisted Living project. ROSS: Thank you. PORTER: Do I see four heads nodding? Okay. One, two, three, four, five, four. We, we have enough concurrence on council? Okay thank you. Would you please, thank you for coming and please work with the administration to make this project happen. DUFF: We will do that. Thank you very much for your time. PORTER: Thank you very much. END OF VERBATIM. Verbatim prepared by: Carol L. Freas~, City Clerk AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 16, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B' SCHEDULED PUBLIC COMMENTS (10 minutes) , Ken Duff~ Ex. Director, Frontier Community Services -- Frontier Community Services Building Project. e Rhonda Ogelsby/Kenai Kennel Club -- Section 36/Request for Space -- Dog Park/Section 36. . Comments/Wal-Mart (3 minutes/speaker) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS . Ordinance No. 2131-2005 -- Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for the Staying Connected Grant. , Ordinance No. 2132-2005 -- Increasing Estimated Revenues and Appropriations by $5,000 in the General Fund for a Donation Made by Tesoro Petroleum Co. to be Used for the Town Clock. e Resolution No. 2005-48 -- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to Watergate Way)" and Designating What Improvements Are to be Included in This Project. (Clerk's Note: A motion for approval of Resolution No. 2005-48 is on the table.) . Resolution No. 2005-49 -- Opposing Integration of the Halibut Charter Fishery into the Existing Commercial IFQ System. . Resolution No. 2005-50 -- Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards. ITEM F: MINUTES o *Regular City Council Meeting of November 2, 2005. ITEM G: OLD BUSINESS , Discussion-- Proposed Sale of Wetlands/The Conservation Fund. (Clerk's Note: A motion to sell Parcels 4, 5, and 6 is on the table.) e Approval-- Appointment of Mini-Grant Steering Committee ITEM H: NEW BUSINESS 1. Bills to be Ratified . Approval of Purchase Orders Exceeding $15,000 . *Ordinance No. 2133-2005 -- Increasing Estimated Revenues and Appropriations by $36,370 in the Airport Land Fund for Repairs at the Flight Service Station. , *Ordinance No. 2134-2005 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a State Library Grant. , Approval -- Assignment/Security Assignment of Lease and Amendment to Lease -- Lot 2, Block 1, Gusty Subdivision/Thomas Wagoner to Ma & Pa Alaskan Treasures, Inc. . Approval-- Vacation of the South 33-Foot Right-of-Way Easement Adjacent to Government Lot 94 and Vacate the North 33-Foot Right-of- Way Easement Adjacent to Government Lot 105, Reserving a 30-Foot Easement, 15 Feet Both Sides of the Property Line Between Government Lots 94 and 105 for Utilities. Original Patent No. 53348, Recorded in Book 31, Page 236 Kenai Recording District; Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners: Edmund C. and Iris B. Enders of Anchorage and John J. Williams of Kenai, Alaska; Location, City of Kenai. e Approval -- Lease Application/Tract B-1, Baron Park No. 10; Tract C, . ITEM I: , 2. 3. 4. 5. 6. 7. ITEM J: Baron Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. Discussion -- Peninsula Art Guild/Request for Funding COMMISSION/COMMITTEE I~EPORT._q Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter Games d. Stranded Gas Committee REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION-- None Scheduled. ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 16, 200S 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us MAYOR PAT PORTER~ PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE , , Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Joe Moore Rick Ross Pat Porter, Mayor Linda Swarner Robert Molloy Cliff Massie Mike Boyle A quorum was present. Also Present: Les Krusen, Student Representative A-3. AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD AS: B-l, Persons Scheduled to be Heard-- Senator Tom Wagoner. INFO~TION FOR: SUPPLEMENTAL INFORMATION FOR: Item E-3, Resolution No. 2005-48 -- KK memorandum related to Set Net Drive LID. Item E-3, Resolution No. 2005-48 --J. Whannel letter noting a subsequent decision not to support the formation of the assessment district. REMOVE: Item E-4, Resolution No. 2005-49 MOVE: Item H-7, Lease AppHcation/Lounsbury/h Associates for Wal-Mart Stores, Inc. -- Hear KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 2 Immediately following Item B-3 (public comments) ADD AS: Item H-9, Scheduling of Board of Adjustment Hearing -- Appeal submitted related to the Lease Application/Lounsbury & Associates for Wal-Mart Stores, Inc. -- Hear immediately following H-7. ADD TO: K-l, City Manager's Report Draft City of Kenai Capital Improvements Plan 2006-2011 MOTION: Council Member Ross MOVED to approve the agenda with the list of changes, except to move H-7 and H-9 before H-3. Council Member Boyle SECONDED the motion. VOTE: *Student Representative Krusen: Yes Moore I Yes l~oss Yes Porter Yes Molloy Yes Yes iMassie Boyle Yes Yes MOTION PASSED UNANIMOUSLY. MOTION: Council Member Moore MOVED to approve the agenda as amended and requested U~ANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA MOTION: Council Member Moore MOVED for approval of the consent agenda and requested UI~ANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Senator Tom Wagoner -- Wagoner reported Agrium's Blue Sky coal gasification and power plant plan for putting their plant back on at full capacity. He KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 3 noted, the plan, if successful, would relieve the pressure for producing gas in Cook Inlet, however he did not believe it would alleviate the fear of running out of gas. Wagoner added, the spur line from the North Slope to Palmer would still be needed. Ken Duff, Ex. Director, Frontier Community Services -- Frontier Community Services Building Project. Referred to a previous visit in which he discussed the possibility of developing administrative and professional offices on city donated land in the same area as the proposed assisted living facility. At that time, council requested architectural drawings and additional information be prepared and presented to council. Duff distributed architectural renderings of their planned facility and noted, their concept inclUded an exercise trail to be placed between the Frontier Community Services (FCS) facility and the assisted living facility to tie them together. A brief discussion followed in which it was noted the city code allows land to be donated to 501(3)(c) organizations and FCS fell into that category; FCS would have to do the same as was indicated to the Senior Connection in that the encumbrances on the property would have to be brought current. Council Member Molloy stated his concern of donating that large a piece of property; what design considerations had been given to traffic issues that would occur and who would pay for the costs to resolve the issues; there would be no sales or property tax revenues from the property if it were donated; and, suggested a lease or sale be considered instead. It was noted the city had donated property in the past to Habitat for Humanities, for the Juvenile Detention Facility, etc. It was also noted, the council had already passed a resolution in support of donating the property and the design concerns would be addressed during the permitting and planning stages. Concurrence of council was for FCS to work with city administration on the project, knowing direction to proceed would not mean a commitment, but bringing back a plan for council to review and consider. Rhonda Ogelsby/Kenai Kennel Club -- Section 36/Request for Space -- Dog Park/Section 36. Ogelsby referred to information included in the council packet, noting the Kenai Kennel Club hoped to build a dog park adjacent to the Section 36 property, starting out with a fenced and grassed area for holding agility trails and large dog trials; during the trials, there are generally 750 dogs, 100 recreational vehicles, and several hundred people in attendance; and, they also hoped to develop a walking trail and skijoring trail in the future. Ogelsby added, the Club would maintain the area and collect waste, however the rules of the park would be for the dog owners to clean up after their pets. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 4 It was reported the Parks & Recreation Commission recommended approval for the concept after reviewing the layout, design, fencing, and whether or not the dog park would be the best use for the property and, though residents of the Evergreen Street area were not individually invited to attend the Commission meeting when the dog park was discussed, residents of the area were in attendance at the meetings when the issue was discussed but made no comments. Reference was made to the two issues needing to be considered, i.e. moving the Fire Wise site and rezoning the property from Rural Residential to Recreation. Ogelsby noted, the area they were interested in using would be north of the Fire Wise site, however they would like to use the Fire Wise site for parking. Administration was requested to work with the Parks & Recreation Commission, Kena/Kennel Club and the borough to resolve the issues. H-7o Approval -- Lease Application/Tract B-l, Baron Park No. 10; Tract C, Baron Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. Mayor Porter explained the issue would be opened for public comment, however comments would be kept to three minutes; since the city had received an appeal of the Planning & Zoning Commission's actions on the lease application, council would not answering any questions; if there were questions of the public, they should direct those questions to administration after the meeting; and, after the Board of Adjustment hearing, the lease application could come back to council for consideration and, there would not be public comments taken at that time. Porter offered a statement in reference to comments represented on a website related to her knowledge and disposition of the lease application. MOTION: Council Member Moore MOVED for approval of the lease application of Tract B-1, Baron Park No. 10 Tract C, Baron Park No. 5; and, Lot 1, baron Park No. 5 by Lounsbury and Associates, Inc. on behalf of WE-Mart Stores, Inc. Council Member Ross SECOI~DED the motion. The floor was opened for public comment. Tom Adams, Lounsbury and Associates -- Reported his position as a civil engineer working for Lounsbury and Associates and that Lounsbury and Associates is the Wal- Mart Stores representative for Alaska. Adams reported he was in attendance to listen to comments and concerns and begin the process through the lease application KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 5 approval. It was also noted, they were not currently in a position to address ingress/egress concerns made at the Planning & Zoning Commission hearing; no field studies had yet been made; studies, etc. would not proceed within a lease agreement; and, when a landscape/site plan is produced, it would be reviewed in a public meeting. Nancy Speedy, 1602 Pine Circle, Kenai -- Spoke in support of the development of a Wal-Mart Store -- good for the City's economic base and for her and her family's future. Kelly Gifford, 312 Rogers Road, Kenai -- Spoke in support of the development and requested council to do what would be needed to make the city a little richer and brm§ business to Kenai. Heather Rash, 48840 Knudsen Street, Kalifornsky Beach Road -- Spoke in opposition of the development noting more shops and retail businesses were needed in Kenai, but not Wal-Mart because grocery stores were already available; Wal-Mart quality is low; employees are not treated well; and there are other options available. Rash left a movie for council to watch and urged them to consider all the factors in making their decision. Jason Carroll, 407 Eadies Way, Kenai -- Stated his support of the develop noting, he is the manager of First National Bank, and he talked with business people regarding the proposed develop; the businesses approved his speaking for them. Carroll noted it was false to say that small businesses are against the Wal-Mart development as only very few he spoke to did not support the development. Bekkie Jackson, 1528 Toyon Way, Kenai -- Submitted a letter signed by 25 people with whom she worked stating their strong support of the development and urged council to approve the lease application. Joel Caldwell, 48405 Bernice Avenue, Soldotna -- Stated his support of the development, noting he was grateful Home Depot opened a store in Kenai and was looking forward to spending money in Kenai and not traveling to Anchorage to go to a Wal-Mart store. Roy Wells, 410 Lawton Drive, Kenai -- Spoke in support of the development on behal/of the Kenai Chamber of Commerce and comments included: the residents he spoke with were mostly in support; free enterprise is a fight; concerns of lack of retail shopping in Kenai; people need compelling reasons to come to Kenai and additional shops will brin§ clientele to Kenai; now would be the time to have a say in the aesthetics of the development; now would be the time for local businesses to make a game plan; better to have the development in the city than outside; and,.tax revenue from sales would help the city. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 6 Tom Wagoner, 4040 Primrose Place, Kenai-- Stated his support of the development, noting more competition is better for business; other businesses in Kenai d° not provide benefits to employees; and, remembering concerns with PERS and lack of municipal assistance, the council should do what is best for the city, i.e. providing more revenue to the city. Scott Romain, 425 Rogers Road, Kenai -- Stated his support of the development and noted he is a local realtor; other realtors he spoke with were in support of the development; because Wal-Mart has stated they plan to build somewhere on the Peninsula, he believed it should be in Kenai; Wal-Mart would provide jobs for all ages; and, he congratulated Lounsbury and Associates for choosing Kenai. Chad Botirius, 47785 MicheHe Avenue (Kalifornsky Beach Road}, Soldotna -- Spoke in opposition to the development, noting he believed the property would be better used for Frontier Community Services and he believed Wal-Mart would bring low wages, no health care, no careers and, questioned what economic benefit the development would bring to Kenai. Ernie Lucas, 1520 Windward Way, Inlet Woods, Kenai -- Stated his strong support for the Wal-Mart development. Mary Morgan, 602C Peninsula Avenue, Kenai -- Stated she was not totally for the development or totally against it and submitted a newspaper article discussing Wal- Mart. Laura Sievert, 3329 Beaver Loop Road, Kenai -- Stated her strong support of bringing more shopping to Kenai, though was concerned how the facility would fit into the Kenai Econo~c Development Strategy; the development would be so large, it would transform the community; stated concerns of traffic, landscaping, and the size strangling small businesses and maybe force them out of business. She urged council to consider carefully the pros and cons and to keep the public informed. Peter McKay, 55441 Chinook Road, Kenai -- Stated his opposition to the development and reported some statistical information. Margaret Menting, 50375 Onslow, Kenai -- Stated her opposition to the Wal-Mart development, however if it was to come to the area, she wanted it to be in Kenai; noted concerns of water/sewer, electrical and traffic problems; a/so concerned with the possibility of chemicals stored outside of the building leaking into the river. Jim Fassler, 36814 Cheechako News Drive, Kenai Peninsula Borough -- Stated his opposition to the project due to the treatment of the employees and unkempt stores; KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 7 has no problem in coming to Kenai to shop; and, urged council to look for other retailers instead of Wal-Mart. Joe Ray Skrha, 2455 Watergate Way, Kenai -- Stated his opposition to the Wal-Mart development and submitted a petition. He also stated his concerns with treatment of those who manufacture garments, etc. that are sold in Wal-Mart stores. Janice Nightingale, 49845 Otter Court, Nikiski -- Stated her opposition to the development, noting concern for local businesses and how Wal-Mart employees will be able to support theft families due to wages offered. Glenda Feeken, 10672 Kenai Spur Highway, # 109, Kenai-- Spoke in support of the development, noting she spoke to all her customers and all were very excited; Wal-Mart is a very big corporate donor; having Wal-Mart in Kenai will attract other businesses. Debbie McKay, 55441 Chinook Road, Kenai (Nikiski) -- Spoke in opposition to the development, noting concerns related to detention areas near the river; fair market value; increase in traffic; snow removal and storage; and sub-lot leasing. Attorney Graves explained the FAA requirements for fair market value rate determination; referred to estimated sales tax revenues reported in Finance Director Semmens' memorandum; and, explained snow storage and landscaping would be considered later on as part of the process. Fred Braun, Nlkiski -- Spoke in support of the development and commented, Wal- Mart had been investigating the possibility of opening a store in Kenai for the last four years; felt it important to keep them in Kenai; if they had chosen another site, he believed more people would be complaining why they did not choose Kenai; and, though there are downsides to the development, there are more upsides. Trish Kopp, 1340 Chinook Drive, Kenai -- Spoke in support, noting Wal-Mart and Home Depot are two of the top businesses nationally; there are people not looking for career jobs; and, there will be employment for the young people in Kenai. Ozzie Osborne, 14360 Kenai Spur Highway, Kenai -- Stated his support of the development, noting he did not believe low wages or work hours was a concern of the city. Duane Bannock, 7450 Flintlock, Anchorage -- Spoke in support of the development and noted similar concerns were voiced when KMart decided to move into Kenai; KMart affected the city economically; the development will be important to the economic future of Kenai. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 8 Craig Fanning, Salvation Army, Kenai -- Stated support of the development and noted, he is not a Wal-Mart shopper, however represents people that desperately need them and need the ability to spend their money carefully and Wal-Mart will offer them that ability. Also, he has relatives who work for Wal-Mart and are very happy and believe them wonderful employers. Leon (~uesnel, 516 Hemlock Avenue, Kenai-- Spoke in support of the development, saying he looked forward to Wal-Mart in Kenai. Rick Baldwin, 3080 Kim-N-Ang Court, Kenai/Chair of KEDS Action Team -- Reported the Team met to consider whether the lease application should be addressed by their board and if so, how in relation to the Kenai Economic Development Strategy. The Team unanimously recommended the city should grant the application and believed Wal-Mart an opportunity for revitalizing the community. Steve Hillyer, 381 Senior Court, # 109, Kenai -- Spoke in support of the development, noting people would come to Kenai to shop at Wal-Mart and other businesses instead of going to Anchorage; believed the development would be an advantage; and, believed the 'anti' crowd a minority and those in support a tremendous majority. Ray Sagorski, 8480 Kenai Spur Highway, Kenai -- Urged council to use economics and logic in making its decision. Tim Navarre, 608 Ponderosa, Kenai -- Spoke in support of the development, noting he believed esthetics should be considered and the development would help the appeal of the community; suggested the city should consider helping small businesses to plan for the impact of the new store; stated he believed the city has a responsibility to be proactive instead of reactive; and, stated he believed the development would be better for the community and small businesses. Bill Osborn, 450 Rogers Road, Kenai-- Spoke in support of the development, saying he believed Kenai would be moving ahead on the Peninsula and Kenai would grow if new businesses come to town. Tom Adams, Lounsbury and Associates -- Adams stated they were at the meeting to hear comments as part of the process; they would address the design/landscaping comments after the lease application has been approved; the social issues would have to be answered by the community; and urged all to be educated on the process. Adams also explained, the lease application was the beginning of the process; ff the city chooses to deny the application, the questions presented during comments would KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 9 not be reviewed; if the lease application would be approved, they would engage the assistance of a landscaping architect, traffic engineers, etc. and return with a fully developed plan. End of public comments. BREAK TAKEN: 9:14 P.M. BACK TO ORDER: 9:31 P.M. Council noted the need to set a Board of Adjustment hearing on the appeal of recommendations taken by the Planning & Zoning Commission related to the lease application. Council scheduled the Board of Adjustment hearing for December 6 at 6:00 p.m. in the Kenai City Council Chambers. Council Member Ross stated the lease application could be included on the December 7, 2005 council meeting agenda and could be postponed if no decision would be made on the appeal. MOTION: Council Member Ross MOVED to postpone the vote on the lease approval until December 7 and Council Member Swarner SECONDED the motion. VOTE: *Student Representative Krusen: Yes Moore ]Yes Swamer Yes Massie Ross [ Yes Mollo¥ Yes Boyle Porter Yes Yes Yes MOTION PASSED UN~IMOUSLY. Scheduling of Board of Adjustment Hearing -- Appeal submitted related to the Lease Application/Lounsbury & Associates for Wal-Mart Stores, Inc. See discussion in Item H-7 above. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) Holly Norwood- Stated she was a candidate for city manager and came to thank the council for review her materials. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 10 ITEM D: -- No reports. REPORTS OF KPB ASSEMBLY~ LRGISLATORS AND COUNCIL~ ITEM E: PUBLIC HEARINGS E-X. Ordinance No. 2131-2005 -- Increasing Estimated Revenues and Appropriations by $1,300 in the General Fund for the Staying Connected Grant. MOTION: Council Member Molloy MOVED to approve Ordinance No. 2131-2005 and Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Yes Moore Yes Swarner .Ross Yes Mollo7 Porter Yes Yes I Massie Yes Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-2. Ordinance No. 2132-2005 -- Increasing Estimated Revenues and Appropriations by $5,000 in the General Fund for a Donation Made by Tesoro Petroleum Co. to be Used for the Town Clock. MOTION: Council Member Massie MOVED for approval of Ordinance No. 2132-2005 and Council Member Swarner SECONDED the motion. There were no public comments. Porter reported the base of the clock had been completed and the arrival of the clock works was expected in the next few days. VOTE: *Student Representative Krusen: Yes Moore Ross Yes Swarner Yes Molloy Yes Massie Yes Boyle Yes Yes KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 11 {Porter [Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2005-48-- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to.Watergate Way}" and Designating What Improvements Are to be Included in This Project. (Clerk's Note: A motion for approval of Resolution No. 2005-48 was placed on the table at the November 2, 2005 council meeting.) MOTION: Council Member Molloy MOVED to remove Resolution No. 2005-48 from the table and Council Member Massie SECOI~DED the motion. VOTE: *Student Representative Krusen: Yes Moore Yes Swarner Yes Massie Ross Yes M o11o2, Yes Boyle Porter Yes Yes Yes MOTION PASSED UNANIMOUSLY. There were no public comments. Acting City Manager Kopp referred to the Komelis memorandum provided in the packet and a memorandum distributed at the beginning of the meeting. Reviewing the information, it was noted there were three undeveloped properties in the Set Net Drive proposed local improvement district; the code indicated, "no assessment could be levied in excess of 25% of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed"; because the code conflict with the policy of council for 50% of all local improvement district costs to be paid for by the owners, several options were offered to council: · City could pay the extra $18,223 from grant funds. · Council could approve a slight change in policy to allocate costs on square foot basis plus an extra charge for the $18,2'23 to other eight property owners. · City could decide not to do the project. · Council could change KMC to do away with the 25% limit. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 12 Kopp noted, he and the city attorney were developing an ordinance to address the 25 % limit. Ross stated, because the city had paid for costs as a result of the cap in past improvement districts, he believed the same should be done for this district and council could address a code change in the future. Moore noted his agreement. MOTION: Council Member Ross MOVED, as a result of the 25% cap, the city pay from its funds the additional $18,233 for the project and Council Member Boyle SECONDED the motion. Ross clarified, the costs would be paid from the grant funds. VOTE: *Student Representative Krusen: Yes Moore lYes Ross Yes Porter Yes Swarner Molloy Yes Yes Massie Boyle Yes Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2005-49 -- Opposing Integration of the Halibut Charter Fishery into the Existing Commercial IFQ System. Removed from the agenda. Resolution No. 2005-50 -- Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-50 and requested IJ~.~NIMOUS CONSENT. Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 13 ITEM F: MINUTES F-X. Regular City Council Meeting of November 2, 2005. Approved by consent agenda. ITEM G: OLD BUSINESS Discussion -- Proposed Sale of Wetlands/The Conservation Fund. (Clerk's Note: A motion to sell Parcels 4, 5, and 6 was placed on the table at the November 2, 2005 council meeting.) MOTION: Council Member Molloy MOVED to remove the motion to sell Lots 4, 5, and 6 from the table and Council Member Swarner SECONDED the motion. Council Member Molloy stated his support of the motion to approve the sale and noted, he believed the properties were not suitable for development because of the wetlands and the sale would bring revenue to the city. Brad Meiklejohn, The Conservation Fund, Eagle River -- · Responding to a question of his reaction to what the city was offering, Meiklejohn stated he was disappointed and offered as a compromise, the Fund's purchase of Parcels 1, 2, 4, 5, 6 and the exemption of the panhandle on Parcel 2. · He would be willing to consider the sale of a Conservation Easement on the same lots. · The proposed exchange of Parcel 7 by the Kenai City Boat dock was not completed and the Fund was waiting to see what action would be taken with the sale; there was a possibility the exchange (for the exit road property) would not go forward. · If purchased by the Fund, the property could be placed into the Kenai River Special Management Area (KRSMA) or the Kachemak Land Trust. Discussion followed in which comments included: Kopp stated he had not had any discussion with Meiklejohn indicating the exit road trade and the land sale were linked. · Swarner stated she would not be interested in any of the parcels going to KRSMA, though she was willing to support a conservation easement for parcels 1 and 2. · Meiklejohn stated if there was no sale, the Fund would reconsider whether to go forward with the exchange (dock exit road). KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 14 VOTE ON SALE OF PARCELS 4, 5, AND 6' *Student Representative Krusen' No No l No Yes Moore Ross No MOTION FAILED. Council Member Massie stated he believed it was originally a good deal and was under the impression any part of the sale would be acceptable by the Fund. With the comments made related to the exit road exchange and the sale being linked, he felt the council was being held hostage. MOTION: CoUncil Member Massie MOVED to sell everything except the panhandle on Parcel #2, i.e. Parcels 1, 2, 4, 5, 6, excepting the Parcel #2 panhandle. Council Member Boyle SECONDED the motion. Ross stated he had similar feelings as Massie and explained, he thought the trade was a deal upon which both sides had agreed; the proposed wetlands sale was a separate item; thought the trade was of mutual benefit to both groups; the linking of the two transactions disturbed him; and, he would not support the motion. Moore stated he agreed with Ross; he was concerned with the link and the Fund giving the properties to KRSMA; and, stated he would not support the motion. MOTION TO AMEND: Council Member Swarner MOVED to amend the Massie motion in that the property would not go to the State of Alaska {to eventually be in the Special Management Area) and would be held under a land trust. Council member Molloy SECONDED the motion. City Attorney Graves stated he could investigate whether a deed restriction could be included. Meildejohn stated the Fund would find a deed restriction acceptable. VOTE ON AMENDMENT: *Student Representative Krusen: Yes Porter Yes Massie Yes Moore Ross No Swamer [Yes No Molloy Yes KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 15 Boyle lYes MOTION PASSED. MOTION TO AMEND: Council Member Swarner MOVED to sell a conservation easement on Parcels 1 and 2. Council Member Molloy SECONDED the motion. Graves explained the city would maintain technical ownership of the property with a conservation easement, but the city would essentially contract with The Conservation Fund and not allow development on the land. It would be a dual responsibility of the city and the Fund to enforce the conservation easement. The property would basically remain "as is." Graves noted, with a sale, the city would not longer have the responsibility of managing the property. He noted, if council wished to go forward with the conservation easement, the price would need to be decided because prices could be different between sales and conservation easements because the Fund would be receiving less than it would with a sale. The prices included in the packet were developed for sale of the properties. Meiklejohn added, the conservation easement would be drafted and then taken to an appraiser; the appraiser would determine the percentage of the fair market value the document would be .representing; the more restrictive an easement is, the greater percentage of value is represented in the easement; the commitment of the Fund and the restrictions on their funding to purchase properties, mandates the properties remain in their natural state; and, the sale of a conservation easement on Parcels 1 and 2 would be acceptable to the Fund. Student Representative Krusen stated he believed the proper management of the wetlands was essential to the health of the Kenai River and stated his support for the conservation easement sale. Ross stated he was opposed,to the sale of Parcels 1 and 2; the city passed a resolution accepting the trade related to the exit road and now the negotiations had changed; and, he would vote against the motion. Molloy stated he understood the benefit of the road to the harbor and thought earlier. the sale of the wetlands could be a win-win situation and would give the city revenue for other projects. Moore stated he also felt the exit road land trade was a completed deal and with the comments made by Meiklejohn, the value of Parcels 1, 2, 4, 5, and 6 had been diminished. Moore stated he would not support the motion. VOTE ON AMENDMENT: KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 16 *Student Representative Krusen: Yes No I Ross I No No iSwarner MOTION FAILED. MOTION TO AMEND: Council member Swarner MOVED to delete Parcel 2 from the purchase and Council Member Moore SECONDED the motion. Public Works Manager La Shot noted, in deciding on what to do with the parcels, council should remember future trades may be needed for airport expansion, etc. VOTE ON AMENDMENT: *Student Representative Krusen: Yes Porter Yes ! Moore Massie No Ross Boyle No Yes Swarner Yes Yes Mollo), Yes MOTION PASSED. Meiklejohn stated the Fund were interested in a large scale conservation project. Ross clarified, the main amended motion was to sell Parcels 1, 4, 5, 6 with a deed restriction (the parcels would be placed in a land trust). Meildejohn was asked if the sale as stated would be acceptable to the Fund and he answered yes. Meiklejohn was asked if the trade of properties for development of the dock exit road would still go forward in reference to the motion as it had been amended' and Meildejohn stated yes. VOTE: *Student Representative Krusen: Yes Massie Yes Ross No Molloy Boyle Yes Yes Yes MOTION PASSED. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 17 G-2o Approval -- Appointment of Mini-Grant Steering Committee MOTION: Council Member Molloy MOVED to approve the appointments of the Steering Committee as presented and Council Member Moore SECONDED the motion. VOTE: *Student Representative Krusen: Yes Moore lYes Swarner Ross Yes Molloy Porter Yes l Yes Yes Massie Yes Boyle Yes MOTION PASSED UNANIMOUSLY. ITEM H: NEW BUSINESS H-lo Bills to be Ratified MOTION: Council Member Moore MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. i-2o Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. i-3o *Ordinance No. 2133-2005 -- Increasing Estimated Revenues and Appropriations by $36,370 in the Airport Land Fund for Repairs at the Flight Service Station. Introduced by consent agenda. i-4o *Ordinance No. 2134-2005 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a State Library Grant. KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 18 Introduced by consent agenda. Approval -- Assignment/Security Assignment of Lease and Amendment to Lease -- Lot 2, Block 1, Gusty Subdivision/Thomas Wagoner to Ma & Pa Alaskan Treasures, Inc. MOTION: Council Member Moore MOVED to approve the Assignment/Security Assignment of Lease and Amendment to Lease -- Lot 2, Block 1, Gusty Subdivision/Thomas Wagoner to Ma & Pa Alaskan Treasures, Inc., Item H-5. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Approval-- Vacation of the South 33-Foot Right-of-Way Easement Adjacent to Government Lot 94 and Vacate the North 33-Foot Right-of- Way Easement Adjacent to Government Lot 105, Reserving a 30-Foot Easement, 15 Feet Both Sides of the Property Line Between Government Lots 94 and 105 for Utilities. Original Patent No. 53348, Recorded in Book 31, Page 236 Kenai Recording District; Within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2005-256; Petitioners' Edmund 12. and Iris B. Enders of Anchorage and ,John d. Williams of Kenai, Alaska; Location, City of Kenai. Noting the information included in the packet, City Attorney Graves reported the Borough Code indicated council was not required to take any action, but if they objected to the vacation, they did have the right to veto. Council took no action. H.-7o Approval -- Lease Application/Tract B-1, Baron Park No. 10; Tract C, Baron Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. Heard after Item B-2. I'I-8 o Discussion -- Peninsula Art Guild/Request for Funding Marcia Beauchamp/Peninsula Art Guild -- Referring to information included in the packet, Beauchamp explained the Guild had been awarded a $13,320 grant from the Rasmuson Foundation for repair of the roof at the Kenai Fine Arts Building. In addition, they wanted to take advantage of an opportunity to gain an additional $4,100 from a dollar-challenge grant toward their renovation project. Beauchamp requested the city to issue $2,000 which had been allocated to the FY 2003 budget and had not been spent and consider gran~g the Peninsula Art Guild an additional KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 19 $4,100 to take advantage of the dollar-challenge grant. She explained, the renovation project would include electrical upgrading, carpeting, painting, etc. Administration indicated funds were available in the Buildings fund to cover the $4,100; issuing the funds was not time sensitive; and, with council's direction, an ordinance would be prepared to appropriate the funds. Council consensus was to move forward with the preparation of the ordinance. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging-- Council Member Boyle reported the summary of the November 3, 2005 meeting was included in the packet and briefed those present of upcoming events at the Center. I-2. Airport Commission -- Council Member Swarner reminded those in attendance of the Airport Supplemental Plan work session scheduled for Friday, November 18 beginning at 1'00 p.m. I-3. Harbor Commission -- Council Member Massie reported a joint work session between the Harbor and Parks & Recreation Commissions had been suggested in order to discuss the dip net fishery. Council had no objections. I-4. Library Commission -- Council Member Molloy reported the meeting summary of the November 1 meeting was included in the packet. The application of Christine Cook for appointment to the Commission was reviewed. Council had no objections to Cook's appointment. I-5. Parks/l~ Recreation Commission -- Council Member Moore reported the meeting summary of the November 3 meeting was included in the packet. I-6. Planning/h Zoning Commission -- Council Member Ross reported on actions taken at the November 9 meeting, including the Commission's recommendation for council to approve the lease application for the Wal-Mart development. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Council Member Swamer reported the meeting summary of thc November 8 meeting was included in the packet. She also noted the meetings for December and January had been cancelled. l-Tb. Alaska Municipal League Report -- Swamer gave a brief report of events that took place at the AML Conference. I-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 20 cost of the bleachers had been approved by the AWG as well as the bleacher installation costs and security camera installation. I-7d. Stranded Gas Committee -- No report. ITEM J' REPORT OF THE MAYOR -- Mayor Porter reported she had spoke at the Veteran's Day program; reminded council of the work sessions on November 18 with Paul Gray at 12:30 and the Supplemental Plan beginning at 1'00 p.m. ITEM K: ADMINISTRATION REPORTS ,, , K-1. City Manager -- Acting City Manager Kopp reported the following: * Referring to the November 10, 2005 memorandum included in the packet from Finance Director Semmens and requesting council approval of a new health insurance program at the December 7 meeting, Kopp noted new information had been received related to health savings accounts. He reported the high deductible plan would be raised from $1,200 to $5,000 for employee costs; January would not be a good time for a major change in the program as the employees felt more time would be needed to assess the health savings aCcounts and to review the entire benefit package; and, because a plan could not be chosen by December, an adjustment to the plan could be made in July. · An appropriation of $500,000 was made to the Corps of Engineers budget for the bluff restoration project to fund the next phase of the project. · Administration is corresponding with the Russian Orthodox Church regarding the relocation of cabins. * A new foundation on which to place the Claraence Ladd cabin was estimated at $4,000 and relocating the cabin would exceed $10,000. · Mary Jo Joyner accepted the Library Director job offer and should be on the job by the end of January. · A revised Capital Improvement Program Plan was distributed to council and a work session date of November 28 for review with area legislators was suggested. Council stated no objection to the work session date. · The Friendship Mission was now open (old Eadies building). · The Katmai Motel renovation was moving along and they hoped to be open by Christmas. * The results from the Wellhouse No. 4 pilot test study were not good -- the study group reported its willingness to try a new study. · Administration has applied for an extension to the arsenic removal deadline. It is very likely the extension will be granted. · Reference was made to a memorandum included in the packet related to a request from Council Member Molloy to link his personal webpage to. the city's webpage. Molloy stated he had severe policy discussions with Council Member Ross KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 21 and requested the issue be included as a discussion item on a future agenda. Moore requested the issue of upgrading the city's webpage be discussed at that time as well. Council had stated no objections to discussing the issue in ,January. Spoke with a representative from Northern Dynasties related to the city's desire to be their hub in air freight and learned Kenai is at the top of their list. X-2o Attorney-- No report. K-3. City Clerk -- City Clerk Freas reported she had received a petition from Angler Drive residents to form a local improvement district. She added, the petition was being processed. ITEM L: DISCUSSION L-X, Citizens-- None. L-2. Council -- Moore -- Asked who was representing the city on the Kenai River Special Management Area Board and was informed Public Works Manager Komelis had been assigned that responsibility. Swarner -- Referring to the Airport Manager Report regarding the airport restaurant, she noted the many closures and non-availability of the facility was not acceptable. Massie -- Stated he felt the council had been pressured with regard to the land sale to The Conservation Fund. He added, he felt the boat launch facility was very important to the city and was why he voted for the sale. Krusen -- Reported on reactions to the lease application for the Wal-Mart development -- most were supportive and believed the application should move forward. Ross -- No report. Molloy -- Reported he appreciated attending the Newly Elected Officials seminar at the AML Conference. Boyle -- Stated he appreciated so many community members attending the meeting and reminded all, "without diasent, there is no democracy." He urged council to review the movie submitted earlier in the meeting. Porter -- Noted there is also a movie available entitled, "Why WE-Mart Works." KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 22 EXECUTIVE SESSION- None Scheduled ITEM M: ADJOIrRNMENT There being no further business before the Council, the meeting adjourned at approximately 11'00 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 the outcome of a vote. Ad~sor~ ~otes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 7, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ htt_v' //www.ci.kenai.ak.us · 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 COMMRNTS (3 minutes) . Tim Dillon, Arctic Winter Games -- Funding Issues. ITEM C: .UNSCHEDULED PUBLIC COMM~CNTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY~ LEGISLATORS A~ COUNCIL-_~ ITEM E: PUBLIC HEARINGS le Ordinance No. 2133-2005 -- Increasing Estimated Revenues and Appropriations by $36,370 in the Airport Land Fund for Repairs at the Flight Service Station. o Ordinance No. 2134-2005 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a State Library Grant. e Resolution No. 2005-51 -- Setting the Public Hearing Date on the Proposed McCollum and Aliak Drives Paving District. , Resolution No. 2005-52 -- Adopting the City of Kenai Capital Improvements Plan Priority List Fiscal Year 2006 - 2011 as the Official Six-Year Capital Improvements Plan for the City of Kenai. Resolution No. 2005-53 -- Awarding Non-Exclusive On-Airport Car Rental Concessions to Corporate Sales & Leasing, Inc., d/b/a Budget Rent A Car of Kenai; Alaska Rent ^ Car Inc., d/b/a Avis; The Hertz Corporation; and, Alaska Dial ^ Car Inc., d/b/a Payless for the Period ,January 1, 2006 Through December 31, 2010. , , ITEM F: , ITEM G: , ITEM H: . e , . Se ITEM I: Xe 2. 3. 4. 5. 6. 7. Resolution No. 2005-54-- Approving the Sale of Lots One (1), Two (2) and Three {3), Block One {1), Evergreen Subdivision, Kim Addition. *Liquor License Renewal-- Kenai Golf Course Cafi, Inc., d/b/a Kenai Golf Course Cafd. MINUTES *Regular City Council Meeting of November 16, 2005. *Council Work Session of November 28, 2005. *Council Work Session of November 12, 2005. OLD BUSINESS Approval -- Lease Application/Tract B-1, Baron Park No. 10; Tract C, Baron Park No. $; and, Lot 1, Baron Park No. 5 -- Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. {Clerk's Note: A motion to approve the lease application was postponed from the November 16, 2005 council meeting to December 7, 2005.) NEW BUSINESS Bills to be Ratified Approval of Purchase Orders Exceeding $15,000 *Ordinance No. 2135-2005 -- Increasing Estimated Revenues and Appropriations by $6,100 in the General Fund for a Donation to the Peninsula Art Guild for Bufldin§ Repairs. *Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. Discussion -- Schedule Work Session/City Manager Search Discussion -- October 2006 Council Meeting Schedule ,.COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Corn_mission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b, Alaska Municipal League Report Arctic Winter Games Stranded Gas Committee ITEM J: REPORT OF THE MAYO ITEM K: ADMINISTRATION RRPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Personnel Issues ITEM M: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 7, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were- Joe Moore Rick Ross Pat Porter, Mayor Linda Swarner Robert Molloy Cliff Massie Mike Boyle A quorum was present. Absent: Les Krusen, Student Representative A-So AGENDA APPROVAL Mayor Porter requested the following changes to the agenda: ADD TO: K-l, City Manager Report 12/6/05 Arctic Web Publications Letter regarding updating of city web page. MOTION: Council Member Moore MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA MOTION: Council Member Moore MOVED to approve the consent agenda and requested IJ~ANI~OUS CONSENT. COuncil Member Massie $~OI~ED the motion. Council Member Molloy requested the minutes of the November 16, 2005 council meeting be removed from the consent agenda. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS Tim Dillon, Arctic Winter Games -- Funding Issues. Dillon reviewed budget concerns and cutbacks made to the Arctic Winter Games budgets as well as direction of fundraising efforts. ITEM C: UNSCHEDULED PUBLIC COMMENTS Janice Houtz, 700 Maple Drive, Kenai -- Houtz reviewed information from an article entitled, "Wal-Mart Is Good for the Economy" and distributed copies to council. Houtz stated she believed Wal-Mart is needed in the community. Jim Butler, Kenai -- Buffer reviewed correspondence he had forwarded to council related~to damage to city bluff property by Bryan Lowe, a developer who had recently purchased property from the City of Kenai. The damage included an access road cut through the bluff immediately adjacent and just south of Cook Inlet View Drive in Kenai .... The debris from cutting the road was deposited on a set net site owned by Buffer. Buffer stated, the developer's operation was using large heavy equipment on the bluff; he contacted agencies and found the developer had not acquired any permits; and, he suggested remediation measures be required. Buffer added, he believed aggressive action should be taken to shut down the development. Discussion followed and Acting City Manager Kopp reported he had met with the developer, discussed the concerns, and toured the city property. After discussing the city's concerns, the property had been bladed smooth and the beach cleaned. A follow-up letter will be sent to Lowe to place in writing the required mitigation steps the city will require. Council Member Ross requested a copy of the follow-up letter and Buffer's correspondence be included in the next packet as discussion item. There were no objections from council. It was also noted, the city approved a vacation of a section line easement on the Lowe property; the preliminm-y plat had been approved by Borough Planning Commission and had been forwarded to the Department of Natural Resources; and, Attorney Graves would be consulted as to what steps the city could take related to the easement. Peter McKay, 55441 Chinook Road, Nikiski -- McKay urged council to keep the Wal-Mart lease process open; keeping the public revolved; and, encouraged Lounsbury to.hold an open house in order for the public to review the plans. McKay added, the process of hearing can lead to frivolous appeals and he suggested the city regulations be tightened up and consideration of watershed issues be added as part of the process. ITEM D: -- None. REPORTS OF KPB ASSEMRLY~ LRGISL&TORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2133-2005 -- Increasing Estimated Revenues and Appropriations by $36,370 in the Airport Land Fund for Repairs at the Flight Service Station. MOTION: Council member Swarner MOVED for the adoption of Ordinance No. 2133-2005 and Council Member Molloy SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Absent Moore Yes Swarner Yes [ Massie Ross Yes Mollo¥ Yes Boyle Porter Yes Yes Yes MOTION PASSED UNANIMOUSLY. Ordinance No. 2134-2005 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund for a State Library Grant. MOTION: Council Member Molloy MOVED for adoption of Ordinance No. 2134-2005 and Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Absent _Moore Yes I Swarner Ross Yes Molloy Yes I Massie Yes Yes Boyle Yes [Porter ]Yes MOTION PASSED UNANIMOUSLY. E-3. Resolution No. 2005-51 -- Setting the Public Hearing Date on the Proposed McCollum and Al/ak Drives Paving District. MOTION: Council Member Swarner MOVED for the approval of Resolution No. 2005-51 and requested U~.~.a~IMOUS CONSENT. Council Member Moore S~ONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2005-52 -- Adopting the City of Kenai Capital Improvements Plan Priority List Fiscal Year 2006 - 2011 as the Official Six-Year Capital Improvements Plan for the City of Kenai. MOTION: Council Member Moore MOVED for approval of Resolution No. 2005-52 and Council Member Boyle SECONDED the motion. There were no public comments. Kopp noted, the list of smaller projects requested by Senator Wagoner were not included in the Plan. A list of smaller projects was planned to be formulated and forwarded to the council at their first ,January meeting. VOTE: *Student Representative Krusen: Absent Moore Yes Swarner Yes ] Massie l/oss Yes Mollo¥ Yes Boyle Porter Yes Yes Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2005-53 -- Awarding Non-Exclusive On-Airport Car Rental Concessions to Corporate Sales & Leasing, Inc., d/b/a Budget Rent ^ Car of Kenai; Alaska Rent ^ Car Inc., d/b/a Avis; The Hertz Corporation; and, Alaska Dial ^ Car Inc., d/b/a Payless for the Period ,January 1, 2006 Through December 31, 2010. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-53 and requested UN.~IIMOU$ CONSENT. Council Member Moore $~ONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. Resolution No. 2005-54-- Approving the Sale of Lots One (1), Two (2} and Three {3), Block One {1), Evergreen Subdivision, Klm Addition. MOTION: Council Member Moore MOVED for approval of Resolution No. 2005-54 and Council Member Swarner SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Absent Moore [Yes Swamer Yes Massie Yes Ross Yes Molloy Yes Boyle Yes Porter Yes MOTION PASSED UNANIMOUSLY. Liquor License Renewal-- Kenai Golf Course Cafi, Inc., d/b/a Kenai Golf Course Cafi. Approved by consent agenda. ITEM F: MINUT~ F-X. Regular City Council Meeting of November 16, 2005. Removed from consent agenda. Council Member Molloy referred to Item B-2, page 3, third paragraph, second sentence. MOTION: Council Member Molloy MOVED to correct the minutes on the second sentence to say, "It was also noted the council had already passed a resolution which expressed intent to donate up to 30 acres of the property to the Senior Connection and the design concerns would be addressed during the permitting and planning stages." The motion failed due to a lack of a second. Mayor Porter asked Clerk Freas if she would prefer listening to the taped recording of the meeting, prepare a verbatim, and bring the minutes back to council for consideration at the next meeting. Clerk Freas stated it would be her preference to check the recording before changing the minutes. Molloy suggested another alternative would be to note the actual ordinance. There were no objections from Council. agenda. Council Work Session of November 28, 2005 -- Approved by consent F-3. agenda. Council Work Session of November 12, 2005 -- Approved by consent ITEM G: OLD BUSI1TESS Approval -- Lease Application/Tract B-l, Baron Park No. 10; Tract C, Baron Park No. 5; and, Lot 1, Baron Park No. 5 -- Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. (Clerk's Note: A motion to approve the lease application was postponed from the November 16, 2005 council meeting to December 7, 2005.) MOTION: Council Member Ross MOVED to approve the lease application and Council Member Moore SECONDED the motion. MOTION TO AMEND: Council Member Molloy MOVED to amend the motion to approve to add "provided however that the city is not bound by the proposed details in the lease application and attachments and the city reserves the right to negotiate all proposed deta/ls in the lease application including attachments in accordance with the directions of council. Council Member Boyle SECONDED the motion. Ross stated he believed the sense of the Molloy motion would do away with the lease application; the city would not follow its rules, the codes, and everything would be negotiable; he encouraged the approval of the lease application; and, requested the site plan not be tied to the lease application. He added, after the approval of the lease application, a motion could be forwarded to direct administration not to approve the site plan prior to council review and public input. Ross stated his concern the amendment would confuse the site plan issue with the lease application. Ross stated he would not support the motion. Molloy stated his intent was not to confuse the public, but to indicate the lease application would preserve the city's right to have all the concerns noted through public comment addressed related to the site plan. Attorney Graves clarified, with the approval of the lease application, administration was not bound to approve the preliminary site plan submitted with the lease . application; the prelim/nary site plan is a concept; and, administration would still have the ability to negotiate the site plan. Council Member Boyle noted, the code allowed the lessee to purchase the property. However, it had been recommended through the development of the airport plan, to no longer sell airport land. Boyle stated, if the direction is to no longer sell airport land, he did not believe the lease application approval would be in the best interest of the city. He added, leasing the property was not a problem for him, 'but selling the property would be. Graves stated it was his understanding the proposal was to limit sale in the proposed airport reserve, but council had not made a decision whether to limit sale of property outside of the airport reserve and the subject property was outside of the airport reserve. Graves stated, he believed a lessee could waive the right to purchase the property, however the lease application stated the applicant intended to purchase the property and the current code allowed the applicant the right to purchase. Porter noted, the airport consultant recommended changes, but council had not adopted those recommendations. Boyle asked if the amendment would allow the city to negotiate with the lessee to keep the right to own the 'land. Graves stated, because the amendment was very broad, it would allow the city to negotiate everything. Council Member Swarner referred to the memorandum included with the lease application in which it discussed the FAA rule indicating that after the property has a revenue-generating commercial use, the city's General Fund could no longer use it rent free. She noted, currently, the property was being used as a ball field and camping area. With the designated use of the property, the General Fund would then have to pay the Airport for the use of the property. Ross noted, comments from the public were the city should not cut a special deal with Wal-Mart and were not to treat Wal-Mart differently than anyone else had been treated for 20 years. He added, the amendment would nullify all the verbiage of the lease; the code has been followed for over 25 years by which property was developed; to change the process at this point would not be acceptable. Molloy stated his intent was not to gut the lease application, but to assure the public the site plan and other details would be negotiated with the lessee and public hearings held as appropriate. VOTE ON AMENDMENT: *Student Representative Krusen: Absent Moore Ross Porter No Swarner No Massie I No No Molloy Yes Boyle [ Yes No MOTION FAILED. VOTE ON MAIN MOTION: *Student Representative Krusen' Absent iMoore Ross Porter Yes Swarner Yes Molloy Yes Yes Yes Massie Yes . Boyle Yes MOTION PASSED UNANIMOUSLY. MOTION: Council Member Ross MOVED to direct administration that when WE-Mart submits a code-compliant site plan, they are not to approve it but they are to bring it to the City Council for public hearing. Council Member Moore SECONDED the motion. VOTE: *Student Representative Krusen: Absent Moore Yes [ Swarner Yes Massie Ross Yes [ Mollo¥ Yes Boyle Porter Yes Yes Yes MOTION PASSED UNANIMOUSLY. Tom Adams, Lounsbury and Associates -- Adams noted, the approval of the lease application was the first of many steps in the process, including obtaining permits, submitting of the landscaping/site plan, etc. He added, his company welcomed the opportunity to work with the city and bring forward the proposed site development plan and developing construction documents. BREAK TAKEN: BACK TO ORDER: 8:10 P.M. 8:26 P.M. ITEM H: NEW BUSINESS H-X. Bills to be Ratified MOTION: Council Member Molloy MOVED to approve the bills to be ratified. Council Member Moore SECOI~ED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Molloy MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Massie SECONDED the motion. It was explained the additional costs to Wm. J. Nelson & Associates was to cover additional Corps of Engineers permitting and the funds to cover those costs were within the grant. It was also noted, the city had been reimbursed for all costs encumbered toward upgrades at the hockey rink by Arctic Winter Games. VOTE: There were no objections. SO ORDERED. H-3. Ordinance No. 2135-2005 -- Increasing Estimated Revenues and Appropriations by $6,100 in the General Fund for a Donation to the Peninsula Art Guild for Building Repairs. Introduced by consent agenda. Ordinance No. 2136-2005 -- Authorizflag the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. Introduced by consent agenda. Discussion -- Schedule Work Session/City Manager Search Council set a work session for Tuesday, December 13, 2005 at 7:00 p.m. Discussion -- October 2006 Council Meeting Schedule Freas explained the October 18, 2006 meeting would fall on Alaska Day, which was a city holiday. MOTION: Council Member Swarner MOVED to move the October 18, 2006 meeting to October 17, 2006 and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported on the meeting held on Thursday, December 1, noting changes in kitchen and dining room rental rates were discussed, as well as using separate rental agreements for the two rooms. I-2. Airport Commission -- Council Member Swarner reported the next meeting was scheduled to be held on Thursday, December 8, 2005. I-3. Harbor Commission -- Council Member Massie reported the next meeting would be held on Monday, December 12, 2005. I-4. Library Commission -- Council Member Molloy reported the December meeting had been cancelled. I-5. Parks/h Recreation Commission -- Council Member Moore referred to the meeting summary included in the packet and reviewed actions taken. He also reported a work session was held w/th the Harbor Commission immediately following the meeting during which they discussed the dip net report. He suggested the two groups meet together at least twice a year due to similar/ties in tasks. 1-6. Planning & Zoning Commission -- Council Member Ross reported the next meeting would be held on December 14, 2005. I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- Swarner reported the December meeting had been cancelled. 1-71). Alaska Municipal League Report -- Swamer referred to a Board of Directors report that had been forwarded to the council. I-7c. Arctic Winter Games -- Parks & Recreation Director Frates reported the next meeting would be held December 8; the installation of the bleachers would be completed within approximately five days; and, installation of security cameras would be the next project. I-7d. Stranded Gas Committee -- Ross reported there had not been a Stranded Gas Committee meeting recently, however the Agrium Task Force would be meeting early in January to be updated on the cold gasification project. ITEM J: items: · There were three new businesses in Kenai, i.e. Arts of Alaska, Environmental Technology, and Coffee Express. · She and Council Members Molloy and Ross attended Wal-Mart films at the College and were involved in a round-table discussion. · She attended the open house for the Senior Center kitchen project. · She received a note from RuralCap related to their intent to build ten affordable homes in Kenai. · She and Soldotna Mayor Carey were assisting in the planning of a reception at the Armory to honor local National Guard troops remming from Iraq. · Several council members attended a branding presentation and she suggested the city should go forward with the program. It was requested the issue be placed on the next meeting's agenda for further discussion. REPORT OF THE MAYOR -- Mayor Porter reported the following ITEM K: ADMINISTRATION REPORTS K-X, City Manager -- Acting City Manager Kopp reported the following: A retirement pot luck would be held for retiring Fire Captain Williamson. · The Christmas Charity Snow Machine Race, held during the "Christmas Comes to Kenai" event, raised over $3,000 for the Salvation Army Angle Tree. · He, City Attorney Graves, and Finance Director Semmens are working with Baxter Snider related to property he currently leases from the city. The issue would be included on the next council agenda for council's consideration. · The Battalion Chief position at the Fire Department has saved approximately $14,000 in overtime pay. · Referred to a letter distributed at the beginning of the meeting from Arctic Web Publications related to a redesign of the city's website. He noted funds were included in the current budget for the work. A brief discussion followed and comments included the desire to advertise a request for proposals; to discuss the addition of a link from the website to other council websites; and to wait until January at which time a work session could be held to discuss the website and perhaps the branding issue. Kopp requested council to review the information included in the letter and to forward ideas of what they would like to see included on the city's webpage. K-2. Attorney -- City Attorney Graves reported on funds received from a class action suit related to the flooring installed in the Visitors Center when it was built in 1991. It was noted, there was and had been no problem with the flooring; the flooring has a 20-year warranty and the building was now 15 years old; there was a possibility of receiving additional awards from the settlement; and, council may want to consider putting the money aside for when a problem might exist. City Clerk -- No report. ITEM L: DISCUSSION L-Xo Citizens-- None. L-2. Council -- Moore -- No comments. Swarner-- · Asked the next step in considering whether to purchase time on the presentation being developed by Paul Gray. Administration was requested to bring the proposal back before council at the next council meeting. · Noted she visited a corporately sponsored indoor soccer field in Anchorage. She asked if acquiring a corporate sponsor for the new Kenai soccer fields had been discussed. Administration was requested to investigate corporate sponsorship for the new soccer fields. · Stated her concern the Airport restaurant had been closed again during normal working hours and wanted to be sure the facility would be open during the Arctic Winter Games. Airport Manager Cronkhite reported she had discussed the issue with the Acting City Manager and City Attorney. The lease did not require certain hours of operation; because it is a family-operated business, the lessees were doing the best they could and were trying to stay open as much as possible; hours of operation will be addressed in the next lease if council wished; and, currently, there was no legal recourse related to required hours of operation. Massie -- No comments. Ross -- No comments. MoHoy-- No comments. Boyle -- No comments. EXECUTIVE SESSION -- Personnel Issues MOTION: Council Member Massie MOVED to convene in an executive session of the Council of the City of Kenai that could prejudice the reputation and character of another, i.e. personnel issues and requested City Attorney Graves to attend with council. Council Member Molloy SECONDED the motion. VOTE: Moore Yes Swarner I Yes Massie Ross Yes Mollo¥ Yes Boyle Porter Yes Ycs Yes MOTIOI~I PASSED UNANIMOUSLY. EXECUTIVE SESSION: BACK TO ORDER: 9:04 P.M. 10:34 P.M. Council Member Ross reported the council met in deliberations and gave the City Attorney direction on how to proceed on personnel matters. ITEM M: ADJOWRNMENT There being no further business before the Council, the meeting adjourned at approximately 10'35 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 stroll not affect tl~ outcome of a vote. Advisor~ votes shall be recorded irt the minutes. Student representatives may not move or second items during a council meeting. KENAI CITY COUNCIL WORK SESSION DECEMBER 13, ~-005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. MAYOR PAT PORTER, PRESIDING NOTES Council Members Present: Staff Present: R. Ross, R. Molloy, C. Massie, M. Boyle, L. Swarner, P. Porter and J. Moore City Clerk C. Freas, City Attorney C. Graves, Acting City Manager C. Kopp The work session was opened at 7'00 p.m. by Mayor Porter. Acting City Manager reported Candidate David Thompson contacted him and requested his name removed from the list of candidates. MOTION: Council member Molloy MOVED to convene in an executive session of the Council of the City of Kenai, to discuss and review personal characteristics of the City Manager applicants, including review of references. Council Member Ross SECONDED the motion. VOTE: Ross Yes Boyle Moore Ycs Ycs Mollo¥ Yes Massie Yes Swarner Yes Porter Yes MOTION PASSED UNANIMOUSLY. Council requested Kopp and Graves to attend the executive session. EXECUTIVE SESSION: BACK TO ORDER: 7:03 P.M. 7:44 P.M. MOTION: Council Member Molloy MOVED to interview three people: Dennis Packer, Mike Miller and Rick Koch. Council Member Boyle SECONDED the motion. VOTE: I Ross Yes Boyle Yes Moore Yes Molloy Yes Massie Yes Swarner Yes Porter Yes KENAI COUNCIL WORK SESSION DECEMBER 13, 2005 PAGE 2 MOTION PASSED UNANIMOUSLY. A brief discussion followed in which Council discussed a tentative schedule for conducting interviews, preparation of interview questions, etc. Consensus was reached as follows' · January 14. Friday afternoon; Mike Miller, Saturday morning. · Spouses will be invited to travel to Kenai at the city's expense. · Kopp is to further investigate the candidates, i.e. credit checks, etc. information search should be completed within a week and the supplemental information should be forwarded to Council by the end of the year. · A list of questions will be forwarded to Graves to review. The list of questions will be forwarded to Council to review. If there are additional questions Council would like asked, they should be submitted for review. Tentative date for holding interviews: Friday, January 13 and Saturday, Tentative interview schedule: Rick Koch, Friday morning; Dennis Packer, The Council also considered whether the candidate should be requested to reimburse travel costs if the applicant has traveled to Kenai for an interview (at city's expense), offered the position, and then turned the position down. Consensus was no. Council also considered whether several of the council should travel to the towns where the candidates currently live to ask questions of townspeople, etc. Consensus was no, they were satisfied with the information received from the reference checks. The work session ended at approximately 8'44 p.m. Notes prepared and submitted by: Carol L. Freas, City Clerk AGENDA KENAI CITY COUNC~- SPECIAL MEETING DECEMBER 14, 2005 5:00 P.M. KENAI CITY COUNCIL CHAMBERS ITEM A: . ITEM B: . ITEM C: CALL TO ORD~-F Pledge of Allegiance Roll Call Agenda Approval NEW BUSINESS Discussion -- Extension of Acting City Manager Term and Temporary Administrative Organization of the City of KenaJ. ADJOURNMENT ~NAI CITY COUNCIL- SPECIAL MEETING DECEMBER 14, 2005 5:00 P.M. KENAI CITY COUNCIL CHAMBERS htr_v://www, ci.kenaJ.ak.u~ MAYOR PAT PORTER~ PRESIDING MINUTES ITEM A: .CALL TO ORDER Mayor Porter called the meeting to order at approximately 5'00 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLF~_.~NC~. Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were' assie Rick R-'-~oss e B---~~le Pa__.~t Porter, ~r Robert Mollo¥ Joe Moore Absent was: Linda Swarner A quorum was present. A-3o AGENDA APPROVAL MOTION: Council Member Moore MOVED to approve the agenda as presented and requested UI~ANI~OUS CONSENT. Council Member Massie SECONDED the motion. There were no objections. ~O ORDERED. ITEM B: NEW BUSINESS Discussion -- Extension of Acting City Manager Term and Temporary Administrative Organization of the City of Kenai. MOTION: Council Member Moore MOVED to convene in an executive session of the Council of the City of Kenai, concerning matters that could prejudice the reputation and character of another-- performance evaluation of Acting City Manager. Moore requested the council meet first and then the Acting City Manager. City Attorney Graves should be available if needed. SPECIAL KENAI CITY COUNCIL MEETING DECEMBER 14, 2005 PAGE 2 Council Member Ross SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: BACK TO ORDER: 5:02 P.M. 6:42 P.M. Council Member Ross reported the council met in an executive session to discuss the continuation of the Acting City Manager appointment which was due to expire on December 17, 2005. The determination was made to continue the acting appointment of Mr. Kopp until March 15, 2006 or the hire of a new city manager. MOTION: Council Member Massie MOVED to ratify the report given by Council Member Ross. Council Member.Boyle SECONDED the motion. VOTE: ~ I Massi.______~e MOTION PASSED UNANIMOUSLY. ITEM C_: ADJO~MRNT There being no further business before the Council, the meeting adjourned at approximately 6:44 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z ~zoo o~ -r' UJ o o o o ~ o LU UJ i- crj iJJ (.,1 Z ::3 0 Z ~ , (.,3 Z (::3 8 Suggested by: Adm~ CITY OF KENAI ORDINANCE NO. 2137-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE GENERAL FUND AND LIBRARY IMPROVEMENTS CAPITAL PROJECT FUND FOR BUILDING DESIGN. WHEREAS, the City of Kenai is planning to expand the Kenai Community Library; and, WHEREAS, preliminary design work needs to be completed; and, WHEREAS, money is available in the General Fund 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 Estimated Revenues: Appropriation of Fund Balance $20,000 Appropriations' Transfer to Capital Project Fund $20.O00 Library_ Improvements Capital Proiect Fund Estimated Revenues: Transfer from General Fund $20,000 Appropriations' Library Improvements- Engineering and Design $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of January 2006. ATTEST: PAT PORTER, MAYOR Carol L. Freas, City Clerk Approved by Finance' (12/12/2005) hl Introduced: December 21, 2005 Adopted: January 4, 2006 Effective: January 4, 2006 KENAI. ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' (907) 283-7535 / Fax' (907) 283-3014 www. ci.kenai.ak.us Memorandum Date: From.' December 6, 2005 Charles M. Kopp, Acting City Manager Kim Howard, Assistant to the City Manager /~ Tract C, Kenai Tidelands Survey No. 2, Assignment of Lease- Polar Equipment, Inc. d/b/a Cook Inlet Processing to Ocean Beauty Seafoods, Inc. Polar Equipment, Inc. d/b/a Cook Inlet Processing wishes to assign their lease to Ocean Beauty Seafoods, Inc. This tidelands parcel is identified on the attached map. The lease states it cannot be assigned without the written consent of the City, which will not be unreasonably denied. The parties are current in payments to the City and Borough. The City Attomey has reviewed the document and has no objections. If Council approves the assignment, a consent will be prepared for your signature. Attachments Cc.' Polar Equipment, Inc. Ocean Beauty Seafoods, Inc. U.S.S. 4563 CHILDS Subject Property U.S.S. 678 ASSIGNMENT OF LEASE This assignment is entered into between POLAR EQUIPMENT, INC. d/b/a COOK INLET PROCESSING, P.O. Box 8163, Nikiski, Alaska 99635 (Assignor) and OCEAN BEAUTY SEAFOODS, INC., P.O. Box 8163, Nikiski, Alaska 99635 (Assignee). o Assignor does hereby assign and transfer all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded July 2, 1990, at Book 367, Page 815, Kenai Recording District, and coveting the following-described property: Tract C, Kenai Tidelands Survey #2, according to Plat No. 89-2; to Assignee to have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor hanuless from any liability arising thereunder. day of IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this Dc c_ e_ ~ l~ ~ ,'-, 2005. ASSIGNOR: POLAR E ~Q~ENT, rNC. d/b/a COOK INL~T. cPKO'CE~I SING (If Lessee is a Corporation) ATTEST: Title Assigmnent of Lease - Page 1 of 3 (If Le :e is a Corpo ion) ATTES N~ ASSIGNEE: OCEAN BEAUTY SEAFOODS, INC (If Lessee is a Corporation) ATTEST; ~ Name Operations Support Title By: Name and ~tle STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) / fi/ THIS IS TO Ct~RTIFY that on this / day of , 2005, ;/C'~._ ,-~ ]1 t4;~< (Name), ~~ s ,' dt ~ ~ (Title) of POL~ EQ~MENT, ~C. ~/gCOOK ~ET PROCESS~G, being personally ~own to me or having produced satisfacto~ evidence of identification, appe~ed before me ~d ac~owledged the vol~t~ ~d authorized execution of the foregoing ins~ent on behalf of said Co~oration. :~~/f~~, ~ot~ Public for Alaska My Co~ission Expires' ~v. lit Z~% STATE OF ~ THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this lS?Ar 'o A .ASk -I ! .,.OT^,¥ PU L.O IRaymond a. C~ayton~~:~i dayoC/k/OV' ', 2005, Assignment of Lease - Page 2 of 3 O '"'"'.,~t3 r~ '-{ Ix, os s (Name), ~"o__ c' v't ~. M (Title) of OCE~ BEAUTY SE~OODS, ~C, being personally ~own to me or havihg produced satisfactow evidence of identification, appe~ed before me ~d ac~owledged the volunt~ and authorized execution of the foregoing i~~~~p behalf of said Co~oration. ..*'~ ~ ~ t~?',,. Remm to: City of Kenai, 210 Fidalgo Avenue, Kenai, AK 99611 Assigmnent of Lease - Page 3 of 3 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www. ci.kenai.ak.us KENAI, ALASKA MemoranCtum Date: To: From: December 14, 2005 Charles M. Kopp, Acting City Manager Kim Howard, Assistant to the City Manager ~ I~r Termination of Leases- Baxter Snider and Kenai Aviation Services, Inc./Lot 1, Block 3 and Lot 2, Block 1, General Aviation Apron Baxter Snider and Kenai Aviation Services lease the referenced properties that are shown on the attached map. The use in the lease for Lot 1, Block 3 is for "Aircraft Parking and Storage". The purpose for Lot 2, Block 1 is for "Aircraft rental and sightseeing, pilot training, aircraft and engine repair service, aircraft parking, aircraft sales and service, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, sale of aircraft parts, charter flights and air cargo service." The properties have been cleared but no buildings have been constructed. Term remaining Expiration Annual rent Renegotiation due Taxes due Borough thru 12/31/05 Amounts due City as of 12/31/05 LOt 1, Block 3 Lot 2. Block 1 38 years 37 years 6/3 0/2023 6/30/2022 $3,510.00 $3,750.00 6/30/2007 6/3 0/2006 $867.44 $887.71 $2,064.36 $2,545.44 Total Due $1,755.15 $4,609.80 $6,364.95 There have been discussions about tenninathg the leases so the City can develop a public parking lot to serve the area. Mr. Snider has requested these leases be cancelled and that the amounts due the City be forgiven. As noted above, Mr. Snider is not in compliance in payments to the Borough. My understanding is the City Administration recommends forgiving the lease amounts owed and paying the taxes owed to the Borough in order to obtain the properties. Attached is a proposed agreement temfinating the leases. If Council approves the agreement, it will be sent to Mr. Snider for signature. Cc' Baxter Snider and Kenai Aviation Services Rebecca Cronkhite, Airport Manager Attachments nal Municipal Airport Memo TO' From: Date: Subject: Charles M. Kopp, Acting City Manager Rebecca Cronkhite - Airport Manager December 14, 2005 FAA Concurrence on Baxter Snider Property I contacted the FAA Airports Office concerning the proposed reacquisition of the Baxter Snider property. I asked if paying past due property taxes and forgiving past due lease payments opened the City up to possible revenue diversion issues. On December 7, ! received an email from John T. Lovett, FAA Airport Planner, stating that they had reviewed the question and the FAA believes there is no revenue diversion issue. He further stated that the FAA would expect a written agreement between the parties extinguishing the existing leases for the settlement. A copy of the email will be kept on file. www.ci.kenai.ak, us. TR. A NO. 3 Subject Properties "+10 lA UNSUBDIVIDED TR. D KENAI SPUR-/ LEASE TR.A TERMINATION OF LEASES BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., whose mailing address is 7319 S. Howell Avenue, Oak Creek,'WI 53154 and the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794, hereby agree that the following Leases for the properties located in the Kenai Recording District, Third Judicial District, State of Alaska, dated April 23, 1985 and recorded at Book 259, Page 987 described as Lot 1, Block 3, and General Aviation Apron, and for the lease dated April 23, 1985 and recorded at Book 260, Page 015 described as Lot 2, Block 1, General Aviation Apron, both according to Plat No. 73-68, are terminated effective December 31, 2005, and, The City will be responsible for payment of the 2005 property taxes on the above- described property. The overdue lease payments of $4,609.80 (including penalties and interest) on the properties are forgiven by the City of Kenai. DATED this day of ,2005. LESSEE: BAXTER F. SNIDER, INDWIDUALLY KENM AVIATION SERVICES, INC. By: By: ... Baxter F. Snider Name and Title Termination of Leases- Page 1 of 3 (If Lessee is a Corporation) ATTEST: Name and Title LESSOR: CITY OF KENAI Charles M. Kopp, Acting City Manager Approved as to form: Cary R. Graves, City Attorney STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of ,2005, BAXTER F. SNIDER, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing immanent. Termination of Leases - Page 2 of 3 Notary Public for Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this_.____ day of ,2005, Name- , Title: , of KENAI AVIATION SERVICES, INC., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Public for Alaska My Commission Expires:. STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of ,2005, CHARLES M. KOPP, Acting City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Return to: City of Kenai 210 Fidalgo Ave. Kcnai, AK 99611 Notary Public for Alaska My Commission Expires: Termination of Leases - Page 3 of 3 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www. ci.kenai.ak.us ~he d~ a/ KENAI, ALASKA M emoranclum Date: To: From: December 15, 2005 Charles M. Kopp, Acting City Manager Klm Howard, Assistant to the City Manager Lease Application, Ronald J. Johnson d/b/a Kenai Mini Storage Rentals, Inc. - Lot 3, Block 5, Cook Inlet Industrial Air Park Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. has submitted a lease application, for Lot 3, Block 5, Cook Inlet Industrial Air Park. The property is on Airport Way and is shown on the attached map. The City is in the final stages of approving the Airport Supplemental Planning Assessment. This parcel is in the proposed Airport Reserve boundary. Property in the proposed reserve is for short-term and long-term airport-related uses and should not be sold. All uses within the boundary should comply with the airport land use plan and airport layout plan. Interim uses not consistent with the land use plan may be allowed if the land is not currently needed for the land uses designated in the plan - as long as the uses are consistent with safe airport operations and FAA standards, and the lease terms and conditions allow the uses to change when the land is needed for a use consistent with the plan. Before issuing a lease for an interim use, the airport consultants have said the City should determine when the land would be needed for uses that conform to the land use plan. The City's determination should be based on the land use plan, the airport master plan, airport capital improvement program and sound airport planning. The maximum term for an interim use lease would be the shorter of the term specified in the City's lease term guidelines for the airport or the amount of time remaining until the land will be needed for a conforming use. KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durabilitY and time required to amortize the proposed investment. Mr. Johnson's application states the minimum estimated value of improvements is $95,000 and he has asked for a maximum lease term. According to the proposed Term Guidelines for Leases of Land within Memorandum to Charles M. Kopp December 15, 2005 Page 2 of 2 the Airport Reserve, a 12-1/2 year lease would be allowed. The purpose of the lease is to expand the storage facility that Mr. Johnson has constructed on adjacent Lot 2, Block 5 (which he purchased fi'om the City). KMC 21.25.010 (b) states the Airport Commission shall observe, oversee and guide in an advisory capacity, any matters relating to use of airport aeronautical lands. At their meeting on December 8th, the Airport Commission reviewed the application to determine: . If the intended use complies with the Airport Master Plan. If the lease application complies with the airport land use plan and airport layout plan. If it does not, can an interim use be allowed? Is there a determination when the land would be needed for uses that conform with the land use plan as outlined in Paragraph 3 on Page 1 ? The Airport Commission's recommendations and the application were forwarded to the Planning and Zoning Commission for their December 14th meeting. As outlined in KMC 21.10.030 (b)(5) and KMC 21.10.060 (a) the Planning and Zoning Commission reviewed the application to determine: le e If the intended-use complies with the zoning ordinance and comprehensive plan of the City. If the application is complete. If the use proposed in the application is the highest and best use and conforms to the Airport Master Plan and other goals set by the Commission or the City Council. Attached are memorandums from the Airport Manager and the City Planner outlying the recommendations of the commissions. Also, because the land is in the proposed Airport Reserve, the City Attorney has suggested that if the lease application is processed before the new land code is adopted, the City should have Mr. Johnson expressly waive the fight to purchase the property in his lease. Does the Council wish to approve the lease application for a 12.5 year term, with no option to purchase, as recommended by the commissions? Note the Airport Commission also recommended that approval of the lease be contingent on improving the landscaping of the adjacent lot that Mr. Johnson owns (including a buffer hedge on the street side of the property and similar landscaping on the new lease lot). There may be a question as to the appropriateness of requiring improving the landscaping on a separate piece of property that is owned by Mr. Johnson. Cc: Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. Rebecca Cronkhite, Airport Manager Attachments '~ TR.B TR. A Subject Property ///~1 ' 2 12 13 14 IN TR. A-2 TR. A-1 NO. 6 TR. 5-B-1 1A-5A NO. 6 TR. 3-B-1 KENAI. ALASKA 210 Fidalgo Avenue Kenai Alaska 99611-7794 ~ 1992 MEMO: TO: Kim Howard, Assistant to City Manager FROM: Marilyn Kebschull, Planning Administration---~ DATE: December 14, 2005 SUBJECT: Lease Application, Lot 3, Block 5, Cook Inlet Industrial Air Park- Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. The Planning & Zoning Commission reviewed the above-referenced lease at their meeting on December 14"~. Kenai Municipal Code requires the Planning Commission to determine if the intended use complies with the zoning ordinance and the Comprehensive Plan, if the application is complete, and if the proposed use is the highest and best use and conforms to the Airport Master Plan. The Commission also considered the proposed Airport Supplemental Master Plan recommendations. Attached is a copy of the memo that the Commission was provided to assist them in making their recommendations. The Commission answered the following questions based on that memo and the memorandum from the Airport Manager: 1. The intended use complies with the zoning ordinance. YES 2. The intended use complies with the Comprehensive Plan. NO 3. The a[~plication is complete. (Applications are not processed by Ms. Howard until they meet all requirements and should be considered complete.) 4. The proposed use is the highest and best use for the property. DETERMINED IT MAY OR MAY NOT BE THE BEST USE BUT RECOMMENDED THE USE AS APPROPRIATE FOR AN INTERIM USE. 5. The intended use conforms to the Airport Master Plan. YES Relating to the proposed Airport Supplemental Plan, the Commission found' 1. The parcel is located in the proposed Airport Reserve. YES 2. The proposed use meets the land use identified in the Airport Supplemental Planning Assessment. NO, NOT AIRPORT RELATED. 3. Is an interim use appropriate? YES Page 1 4. The lease should limit the time for the interim use? YES, RECOMMEND 12.5 YEARS (CONCUR WITH THE AIRPORT COMMISSION'S RECOMMENDATION). 5. The lease should allow the property to be sold? NO Page 2 210 Fidalgo Avenue Kenai, Alaska 99611-7794 ~ 1992 KENAI, ALASKA MEMO: FROM' Marilyn Kebschull, Planning Administration DATE' November 23, 2005 SUBJECT: Lease Application, Lot 3, Block 5, Cook Inlet Industrial Air Park- Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. The City of Kenai has received a lease application for Lot 3, Block 5, Cook Inlet Industrial Air Park. Attached is a copy of the lease application and a memorandum from Kim Howard outlinin§ the application and the process for approving the application. As noted in Ms. Howard's memorandum, the City is in the final stages of approving the Airport Supplemental Planning Assessment. This plan designates an Airport Reserve and a new land use plan for properties located in the Reserve. Properties within the reserve should not be sold and uses should-comply with the land use plan. Ms. Howard notes that interim uses may be allowed so long as certain criteria are met. Please review Ms. Howard's memo in detail. Because the City is at this stage in the Airport Supplemental Planning Assessment, the process used to review and approve lease applications will be somewhat diffomnt than has been used in the past. Administration believes it is important that in addition to the guidelines in the Kenai Municipal Code, the Commission should review the Airport Supplemental Planning Assessment. Kenai Municipal Code requires the Planning Commission to determine if the intended use complies with the zoning ordinance and the Comprehensive Plan, if the application is complete, and if the proposed use is the highest and best use and conforms to the Airport Master Plan. · The proposed parcel is zoned IL - Light Industrial. The applicant plans to construct a single-story self-storage facility similar to the existing facility on the adjoining lot. Storage is a permitted use in the zone. · The City of Kenai Comprehensive Plan Land Use Plan shows the parcel as Airport Industrial. "The Airport Industrial district identifies airport lands reserved for the Kenai Page 1 Municipal Airport and its future expansion, and tracts needed for present and future aviation-related uses and activities." The Airport Land Use Plan (9/04) drawing shows the parcel as an undeveloped subdivided lot and available. The proposed use of the lot, storage, may or may not be the highest and best use of the parcel. The Commission should list criteda used to make a determination. Possible issues to consider may be if the City has other needs for the parcel, if the airport has planned future needs for the parcel, or if the airport capital improvement program identifies the parcel as needed for future development. The proposed Airport Supplemental Planning Assessment has two areas related to land use that should be considered, the Airport Reserve and the Land Use Plan: · This parcel is included in the Airport Reserve. Lands in the Airport Reserve are for short-term and long-term airport-related uses and should not be sold. The Plan notes, "In some cases, interim uses not consistent with the land use plan may be allowed as long as the uses are consistent with safe airport operations and FAA standards and the lease terms and conditions allow the uses to change when the land is needed for a use consistent with the land use plan." · The Land Use Plan identifies this parcel as Aviation Related. Aviation Related is defined as, "Areas used for facilities and functions which support the airfield, terminal, aviation commercial, and general aviation tenants and the traveling public such as rental car or other ground transportation maintenance areas, aviation-related offices and warehouses, aircraft parts suppliers or hotels." Based on the information included in the lease application, it appears the proposed use complies with the zoning ordinance, but is not consistent with the land use in the Comprehensive Plan-. The proposed use, storage, is not consistent with the Land Use Plan in the Airport Supplemental Planning Assessment. The Airport Supplemental Planning Assessment states, "The City's .determination should be based on the land use plan, the airport master plan, airport capital ~mprovement program, and sound airport planning." An interim use may be appropriate with a lease that limits the length of the lease and does not allow the property to be sold. The Airport Commission will review the lease on December 8~. The Commission's recommendation will be provided to you at your meeting. Does the Commission find? le The intended use complies with the zoning ordinance. The intended use complies with the Comprehensive Plan. The application is complete. (Applications are not processed by Ms. Howard until they meet all requirements and should be considered complete.) The proposed use is the highest and best use for the property. The intended use conforms to the Airport Master Plan. Does the Commission find? 1. The parcel is located in the Airport Reserve. Page 2 2. The proposed use meets the land use identified in the Airport Supplemental Planning Assessment. 3. Is an interim use appropriate? 4. The lease should limit the time for the interim use? 5. The lease should allow the property to be sold? Page 3 o nai Municipal Airport Memo To' Marilyn Kebschull- Kenai City Planner From: Rebecca Cronkhite - Airport Manager Date' December 14, 2005 Subject: Commission Recommendation- Johnson Lease Application At their December 8 meeting the Airport Commission discussed the Ronald J. Johnson lease application. The Commission was asked to consider four questions. The following determinations were all approved by unanimous consent. If the intended use complies with the Airport Master Plan. The intended use is non- aviation related and does not comply with the 2005 Master Plan Update. If the lease application complies with the airport land use plan and airport layout plan. The proposed lease clearly does not comply with the 2005 Land Use Diagram. The land use diagram designates this area for aviation related use. } If it does not, can an interim use be allowed? Yes Is there a determination when the land would be needed for uses that conform with the land use plan? There was a lengthy debate on the interim time that should be recommended. The majority of the concern was that the proposed development if allowed on a short-term lease, with no option to purchase, might be constructed and landscaped in a manner that would adversely impact the public perception of the airport as an attractive asset to the City. The final decision was to recommend a 12.5-year lease with no option to purchase contingent on improved landscaping of the 'current lot including a buffer hedge on the street side of the property and similar landscaping on the new development. Commission recommended that the landscaping requirements be part of the lease. The Airport Commission recommended Council approval of the lease with all the lis'ted stipulations. www.ci.kenai.ak.us. Ronald J. Johnson Post Office Box 529 Friday, November 04, 2005 Kim Howard City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611 Dear Kim' Kenai, Alaska 99611 (" 5-'. "- Enclosed please find my lease application and my check for $2020.00. I would like to lease the parcel for a m~imum term. It would be my intent to purchase the pared at a later date, subject to terms and conditions of the City of Kenai. The purpose of the lease is to construct additional single story self storage capacity thereby enhancing my existing facility. The parcel will be cleared and leveled with slope towards Airport Way and the overburden will be disposed of offsite. The area shall be all gravel with lawn planted in the set back areas. There will be signage on the existing building on Lot 2. The perimeter will be 6' chain link fence with an access gate off' the City of Kenai driveway. Please contact me if additional information is required. ) Email ronj@ak-rep.com e-mail ronj~ak,rep.com Fon 907 283 2015 Fax 907 283 2017 CITY OF KENAI 210 Fidalgo Avenue, Suite 200 Konai, Alaska 99611-7794 (907) 283-7535 Ext. 223 LEASE APPLICATION Name of Applicant ~0 bO ~ ~, b Address Business Name and Address 'LL C Telephone ze3¥- 2o~$ Kenai Peninsula Borough Sales Tax No. (if applicable) State of Alaska Business License No. (if applicable) . "~ ~, ~ q ~ ~ Purpose of Proposed Lease Term of Proposed Lease Description of Proposed Development (type, construction materials, size, etc.) Time Schedule for Proposed Development · Beginning Date O~ · Completion Date (maximum of two years) Estimated Value of Improvements $ q / /----- APPLICANT'S SIGNATURE: Date: CITY OF KENAI LEASE APPLICATION CHECKLIST (All items must be completed before application can be acc~ted.) Attach a development plan drawn to scale. Drawings do not need to be prepared by an architect or engineer. Show thc layout of the lot and the location of all proposed improvements. The drawings also need to show the following. 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and location) 4. Site improvements Areas to be cleared and method of disposal Proposed gravel or paved areas Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs 6. Drainage plan and method of snow removal 7. Cixculafion plan (all entrances, exits and on-site access) 8. Location of sign(s)- sign permit required 9. Fencing- pennit required if height is ovm- 6' 10.Curb cuts (where applicable) 11. Building height 12. FAA Form 7460 Noticm of Proposed Construction (For construction of buildings on airport land. This form is to be submitted to the FAA by the applicant. It can be downloaded from the FAA website http://www.alaska.faa.gov/airvorts. The site has a menu for forms. CITY OF KENAI LEASE APPLICATION- CONDITIONS OF ACCEPTANCE (To be completed by the Ci~) Kenai Peninsula Borough Parcel No. ! Zoning -: ~ a' ]~ q' Permits Required: Conditional Use Permit Landscape Review · Building Permit · Sign Permit Assessments Y Insurance Limits Required Construction must begin by Completion date for major construction Planning Commission Approval By: /~//~ ~,~.i~-' Date of Approval: Ci,ty Council Approval By: City Clerk Date of Approval: THIS APPLICATION WILL BE MADE A PART OF THE LEASE 3 Chuck Kopp City of Kenai Kenai Alaska Dear Mr. Kopp, It was a pleasure reviewing the film footage of Kenai, recently during your city work session. As you know we are excited about featuring the city of Kenai in one of our 30 minute TV shows. Please see the attached sheet for additional information. I kindly request the city of Kenai to sponsor ten minutes at $1,250. per minute. Total Investment is $12,500. The Kenai Show will air 4 times a year for 3 years. Deadline for commitment is March 30, 2006. ) Below is the broadcast schedule; Exploring Alaska TV show is broadcast twice a week statewide Sunday at 3:30 pm and Saturday at 2:00 am on ABC affiliates, KIMO, KATN, KJUD. Colours TV is part of the basic package on the DISH network plus it is broadcast on cable systems in Southern California, South Florida and the Colorado Springs market. Collectively this is over 18 million households. The show airs 8 times per week. Monday at 12:30P, 5'30P 110:30P Wednesday at 6:30P, 12:30A, Sunday at 1P, 6P and midnight. All times are EST. www. colourstv, com America One Network the show starts in June. America One has affiliates in over 120 markets reaching over 30 million households. America One will also make the show available via America One Sports which provides programming to about 15 regional sports networks. The time is prime time Sunday at 8:30R www. americaone.com BEN TV reaches over 80 million households throughout Europe and also reaches into North and midwest Africa. ShowTime's vary month to month. Their website is www. bentelevision.com I believe the combination of a stand alone DVD and being featured in the show, aired State wide, and coast to coast coverage will be of great value to city of Kenai during the coming years. Sincerely, Paul Gray Producer Exploring Alaska TV Exploring Alaska Destination TV Show, Cooperative Marketing A quality approach to benefit your community has never been made more affordable or easy to incorporate in your marketing plans, until now. The successful weekly television show Exploring Alaska, produced by Paul Gray, now offers show segments to feature your Alaskan community. Be a sponsor and your community or business will be the feature of an Exploring Alaska TV show. Your business has the opportunity to be featured in as well as a tag at the end of the feature with your logo and website/phone number. Just imagine a reusable marketing piece produced to your satisfaction for a one time investment. Not a traditional commercial show, but a creative product placement. Paul and his production team will focus the camera on the areas of your community that you want the world to see. The truth is, Exploring Alaska is viewed by over 80 million Americans nationwide and over 20 million people in Europe every week. YOU'LL REACH 50% OF ALL HOUSEHOLDS COAST TO COAST ABC Statewide Distribution · KIMO Anchorage KTAN Fairbanks · KJUD Juneau Dish Satellite Colours Channel · America One Channels Ben Satellite Europe, Africa · Digital format ensures easy distribution and multiple ways to benefit from your show segment. ALL PRICES INCLUDE PRODUCTION AND BROADCAST TIME TO OVER 100 MILLION HOMES · Your investment of $1250.00 per your one minute advertisement product placement, and at the end of each show encouraging viewers to contact the website for more information on this week's community or other Alaska destinations. · Professional writers, narrators and music · Media affidavit provided to prove airing of your show segment Showcase your Alaska Community by contacting us at (907) 262-9008. · Retail DVD created for distribution through convention & tourism bureaus and other marketing associations Exploring Alaska Television Show 35555 Kenai Spur Highway # 232 Soldotna, AK 99669 Advertised through Exploring Alaska website for one free year. www. ExploringAlaska.com TO' FROM: DATE: RE: ANGLER DRIVE FOR CITY MANAGERS REPORT TO CITY COUNCIL Charles M. Kopp, Acting City Manager Carol L. Freas, City Clerk Larry Semmens, City Finance Director Keith Komelis December 14, 2005 Angler Drive LID The following information is for the City Managers Report as per KMC 16.10.010' PROPOSED IMPROVEMENTS AND SCOPE This project is to provide road and drainage improvemems to Angler Drive from Beaver Loop Road to terminus. The improvements include engineering design and inspection, excavation, grading and backfill, leveling course, drainage improvements, asphalt paving, topsoil and seeding, and signage. THE NEED FOR THE PROPOSED IMPROVEMENTS Paving this road will decrease the road maimenance cost by eliminating dust comrol and summer time grading. It will also improve the drainage. ESTIMATED COST OF THE PROPOSED IMPROVEMENTS i i The estimated rough cost estimate for this project is $728,000. PROSPECTIVE & RECOMMENDED GRANTS If the city council decides to proceed with these proposed improvements I would recommend using the Municipal Matching Gram funds and the recently received FY 2006 State Designated Legislative Grant for Kenai Road and Sewer Improvemems ($790,000). RECOMMENDED PERCENTAGE TO BE ASSESSED II City Resolution No. 2003-02 states that the assessment rate will be 50%. DESIGNATION OF THE PROPERTIES TO BE ASSESSED Attached is "ANGLER DRIVE LID" dated 11/10/2005. It designates the property owners name, KPB assessment parcel #, and both the physical street and the legal address. Also attached is a drawing of the proposed LID that shows the lot numbers, street addresses, and owner's name. , , 0t~' ~ z ' Iz ~ (.9 ~c,, :-~ t< t <. ", !~ ~ -I i~ :~<~< i~ ~.< iz,< I<' 0 I-- l:: I- ,~. ~ ,,~.~ I-- 011- c',3 m' I-- ~)~ ,,, ~. l~z =~z ~i~z: z :i z ~z =:z :. z ~:z ='z ~z =:z =:z ~.z ~:z ='z: ~1 ~ , ' ' : ~ " ~ , ...., . ___ ...... j UJ. , I UJ. 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LOT6 NONE Masuda Cedros Holtan 1225 Lee 14-~ 1235 1305" 1315,7 1325" '°1335 1345~ 14052, 1415= 1425= 14352, 1545~ 1555~, Sledge Fretz Chin Fandel Neuharth Dere Rainey Peterson Simpson Groeneveld Blair Mansur Arctic Pipe Rolf Harding Mullowney Harding '). L~-."-~¢.~_.~_'-, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 KENAI. ALASKA M MO: TO: FROM: THRU: DATE: Charles M. Kopp, Acting City Manager Marilyn Kebschull, Planning Administrator Jack La Shot, Public Works Manage~ December 14, 2005 SUBJECT: Frontier Community Services Design Proposal As requested, Bill Kluge, Kluge & Associates, has prepared a schematic showing both the Frontier Community Services project and the Senior Connection project on the 77-acre parcel. Mr. Kluge identified streets on the drawing showing the proposed 60' Right-of-Way (ROW) that was requested (Fifth Avenue). Also shown is Florida Avenue extended as is shown on the Senior Connection proposal. Based on the information provided from the Senior Connection's architect, the following estimates of land use are identified' . 2. 3. 4. Frontier Community Services Project- +/- 24.8 acres Senior Connection Project- +/-49.01 acres Fifth Avenue ROW- +/- 1.59 acres Florida Avenue ROW extension - +/- 2.15 acres Mr. Kluge noted that the proposed developments with estimated acreage would require +/- 77.55 acres. The Kenai Peninsula Borough shows this parcel as containing 77 acres. It should be noted that the eastern property line is a section line. This property abuts Windhaven Estates. When Windhaven Estates was subdivided a 334oot ROW (Nightingale Street) was dedicated. It is assumed that a similar dedication would be required on this parcel taking additional acreage. 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 ~ 1992 MEMORANDUM KENAI. ALASKA TO' FROM' DATE. SUBJECT: Charles M. Kopp, Acting City Manager Keith Kornelis, Public Works Manager December 15, 2005 Senior Connections and Frontier Land Request The nearest water and sewer mains that are in good condition for this development are on Redoubt Avenue. There is a 6-inch asbestos cement, AC, water main that runs through an easement between Third Avenue and Fourth Avenue. This water main was installed as part of a private community system in 1964 and was later given to the city. It is not in very good shape. ! have a drawing with the water and sewer mains on it that I will give you. Third, Fourth, and Fifth Avenues are not constructed. They are paper platted streets only. Someone has put in a driveway (that does not meet city specs for a street) on Third Avenue. California and Florida only go between First and Second Avenues. Also California and Florida (and First and Second north of Florida) are paved but in very poor shape. The paved roads in the old part of Mommsen Subdivision need to be completely reconstructed. Some thought needs to be given by the development engineers as to how best serve this area. I think that with a little thought and coordination between the two developers the roads, water, and sewer could be better planned than what is on the site plan drawing. KK/jet C:\PRO.1ECT DRAWING FZLES\0005.1obs\0185 Frontier Community Services\L2.13.05_cfp_Site Plan Schematics.dwg, 12/14/2005 3:23:38 PM, \\CHAD\HP Laser Jet 5t00 PCL 6 FLORIDA AVE. I I I I -F REDOUBT AVE. FRONTIER COMMUNITY SERVICES SCHEMATIC DESIGN PHASE KENAI, ALASKA i~l~lrrt~ . PI.I~BII[~ · IHTERIOel~ · GIMPiH~ KENAI. AI.ASKA December 8, 2005 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone' (907) 283-7535 / Fax' (907) 283-3014 www. ci.kenai.ak.us Mr. Bryan Lowe 1105 Angler Drive Kenai, AK 9961 1 Dear Mr. Lowe' Subject: Dena'ina Point Estates - St. Augustine Addition It was recently pointed out to the City that you have built a pedestrian path (with sloping sides) from your property to the beach. There is a large area near the City's storm drain where the property line takes a "V" cut to the east. The property to the west of the "V" is City property. This path was built on City property without the knowledge or permission of the City. Therefore, the City directs you to cease and desist any further construction activity on City property. Furthermore, you are not authorized, nor are you allowed to give anyone else permission to, access the property without written permission from the City. This spring, the City will evaluate surface damage, erosion, and the construction you performed on City property. At the very least, you will be required to place topsoil and seed the areas that were disturbed. Please contact the City prior to placing topsoil and seeding the area. As a reminder, you will need to submit engineered plans and specifications for all City utilities and public roads in the right-of-ways in your new subdivision. An installation agreement will be required for construction of city utilities and roads in the right-of-ways. You will also be required to have an engineer inspect the construction and veriht that it meets all of the approved plans and specifications. Sincerely, Charles M. Kopp Acting City Manager KK/jet CC: Marilyn Kebschull, Planner Cary Graves, City Attorney e mail Memorandum TO: From: Date: CC: Date: Attachments: Chuck Kopp, Acting Ciw Manager City of Kenai Jim Butler, President Kenai Salmon Company December 5, 2005 Mayor Porter and City Council Members K¢ith Kom¢lis; Public Works Maril.vn Kcbschull, City. Planner Cary Graves, City Attorney December 6, 2005 3 photo sheets I am writing to lodge a formal complaint on the development that is occurring on the property known as Dena'ina Point Estates, St. Augustine Addition (KPB 2005-317 proposed). As you may know, my company holds set net fishing leases on City of Kenai beaches just below Cook Inlet View Drive in the City of Kenai. I have recently learned that a developer, Brian Low¢, is currently developing property previously acquired from the City of Kenai. As part of his development, Mr. Lowe has cut an access road through the bluff immediately adjacent and just south of Cook Inlet View Dr. in Kenai. Mr. Lowe has deposited substantial mounts of soil debris on our set net lease nearly covering stakes that have been long established and critical to our fishing operation. I believe deposit of this material is a violation of our lease agreement with the City of Kenai since it is damaging our equipment and oppommity to utilize the lease for fishing purposes. Moreover, it is my understanding the road access is on a city easement for surface drainage for area neighborhoods and across city. property. It is important to consider the fact that this is not the first time Mr. Lowe has deposited material over the bluff without the prior approval of the City of Kenai. I am including pictures I took of material deposited over the bluff this spring as well as pictures I recently took showing the material deposited on the beach over the past few days. After I learned of Mr. Lowe's most recent activities I brought it to the attention of the city planner. Later the same day, the public works director told me he inspected the site and confimaed a road had been cut in the bluff. He advised he was not sure what, if any, remedial actions the city could take. Since this is not the first time Mr. Lowe has undertaken development activities on the bluff, I thought this response was flaccid at best. Subsequent to my discussion with Mr. Komelis, I talked with Acting City Manager Kopp. He informed me he has discussed this matter with Mr. Lowe and will be meeting with him to address this situation. It is my understanding from that discussion short term mitigation measure will be imposed to prevent timber destruction of the coastal bluff and damage to city property. I believe this is a good start, but not a f'mal solution, to remediation of this situation. 1~.o. Box ~_.~0± ~..,~(~(-~...~~'~ In addition to the initial mitigation steps, I hereby request the Ci.ty of Kenai immediately take the followmz action: 1. Issue a written cease and desist order preventing further development of the propertv until a complete site development plan is presented to the City. of Kenai. The plan should i~clude, at a minimum, engineered plans for all roads and access avenues and letters from appropriate agencies with jurisdiction for development along the bluff and navigable waters ways, including the beach at mean high water mark. 2. Rescind the City of Kenai consent to the vacation of the section line easement along the western and southern edge of the property. Notify the Kenai Peninsula Borough that the City of Kenai opposes subdivision of the property until such time that the developer presents a binding plan for development of the property, wi~ sufficient putative measures in the event that the developer fails to meet agreed to terms of development. . Require the developer to present an agency approved plan to the City of Kenai in which he describes how he will remove or prevent further material to be deposited on the City beach property and leased areas. This plan should be submitted and approved by the city prior to any fianlaer subdivision or development of the property. Require the developer to provide an engineered and agency approved plan for surface drainage mitigation on the unauthorized beach access road to prevent unnatural erosion and dispersal of dirt, mud and organic material on the sand base of the bluff. Deposit of this material will very likely change the natural beach morphology at the base and in both directions of the road. What is most discouraging about this development is the developers' consistent attempts to undertake development activities that require compromise and acquiescence by the City of Kenai. As a 30 year resident, I have participated in various development projects and supported the city's attempt to encourage responsible development. What has occurred on this site is reminiscent of the bulldozer developments of the past that are the legacy of the "old days." We have worked hard to change the bad habits of the past and to not let this type of activity go unchallenged: not only for the local residents and responsible developers but for the coastal environment that supports local industries and our quality of life. I plan to address the Council at their meeting on December 7, 2005 to further elaborate about my concerns and answer any questions. I thank you in advance for your anticipated concern about this important situation. Carol Freas =rom: ~nt: ,1: C¢: Subject: M. Anne Brooks [annebrooks@ak.net] Wednesday, December 14, 2005 4:28 PM Carol Freas Patrick Middleton; Kevin Jackson; Keith Kornelis; City Manager ADOT&PF Highway Safety Improvement Program project Re: Willow Street et Main Street Loop [ntersection ~[mprovements (04CR8) [ appreciated getting your assistance today in finding timing to do a work session with the City of Kenoi City Council about a highway safety improvement project. We would like to set up o work session on February t~st -- not the 15th os we previously discussed. We are going to hold off on the public meeting until ~ later date. Project Background: Willow Street at Main Street Loop intersection has been studied because of high crash rot~s beginning in ;?003. ADOT&PF selected USKH to study, recommend and design the recommended improvements. The alternatives being discussed include: l)installation of curb bulbs and durable 5TOP BAR5 on the Main 5treat Loop approaches to Willow 5tr~t to slow traffic and 'locate the 5TOP signs closer to the traffic. 2) Evaluate o possible ALL AY 5TOP ot this location. 3) Evaluate the possibility of troffic signalization ot this intersection, or 4) Evaluate the possibility of o roundabout at this intersection. Patrick Middleton is the Project Engineer from USKH for this project. I've copied him on this message. My role is es public involvement coordinator. Purpose of Work Session: To provide the Kenai City Council with the results of the study to date. Discuss the recommendations and alternatives. A public meeting may be held at a later date. If you would please discuss this with the City Council and schedule Feb 1st, we would very much appreciate it. I'd be happy to fill out any forms you require. Please let me know what will work for you. Anne Brooks, P.E. Project Public [nvolvement Coordinator 'oly to: anne~brooksandassociates.info oaks & Associates Tel: ~07-272-~877 Fax: 907-743-6087 ITEM 1' ITEM 2' ITEM 3: ITEM 4: ITEM 5. ITEM 6: b, C, ITEM 7: ao ITEM 8: ITEM 9: ITEM 10: I. TEM 11: KENAI AIRPORT COMMISSION DECEMBER 8, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA CALL TO ORDER AND ROLL CALL AGENDA APPROVAL APPROVAL OF MEETING SUMM~RY -- September 8, 2005 PERSONS SCHEDULED TO _R_R H~.ARD OLD BUSINESS NEW BUSINESS Recommendation -- Lease Application -- Condor Properties, Inc./A P.ortion of the Proposed Tract A-1, Preliminary General Aviation Apron No. Recommendation-- Lease Application -- Ronald J. Johnson, d/b/a Kenai Mini Storage & Rentals, Inc., Lot 3, Block 5, Cook Inlet Industrial Air Park. Recommendation-- Resolution to Approve Airport Supplemental Planning Assessment. REPORT Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND QU~'-STION~ PERSONS NOT SCHEDULED TO B~. HEAth INFORMATION ITEMS Kenai City Council Meeting Action Agendas for November 2 and 16, 2005. 10/05 Kenai Airport Enplanement Report. 10[ 015 Kenai Float Plane Basin Activity Report. ADJOURNMENT KENAI AIRPORT COMMISSION DECEMBER 8, 2005 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1' CALL TO ORDER AND ROLL CALL Chair Knackstedt called the meeting to order at approximately 7'00 p.m. confirmed as follows: Roll was Commissioners present' Commissioners absent: Others present' J. Zirul (7:07 p.m.), H. Knackstedt, C. Versaw, E. Mayoer, D. Haralson, L. Porter J. Bielefeld Council Member L. Swamer and Airport Manager R. Cronkhite A quorum was present. ITEM 2' AGENDA APPROVAL Airport Manager Cronkhite reported Mr. Tulin contacted administration and requested his lease application (Item 6a) be removed from the agenda. MOTION: Commissioner Haralson MOVED to move Item 6a, Lease application for Condor Properties, and move Item 6c forward to be heard prior to Item 6b. Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY -- September 8, 2005 MOTION: Commissioner Versaw MOVED to approve the September 8, 2005 meeting summary, including a correction at Item 6c, changing 'Commissioner' to 'Commission.' Commissioner Haralson SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5' OLD BUSINESS-- None. ITEM 6: NEW BUSINESS Recommendation -- Lease Application -- Condor Properties, Inc./A Portion of the Proposed Tract A-1, Prelimin~ General Aviation Apron No. 4. Removed from agenda. Recommendation -- Resolution to Approve Airport.Supplemental Planning Assessment. (Moved forward.) The Commission discussed recommendations for changes in the Supplemental Planning Assessment. Comments included: Suggested change to Appendix A: First paragraph, Page 5 -- change the word "limit" as it could place the city in a difficult position. Change to "lease to the extent practical." Extensive discussion followed during which concerns were expressed the suggested new wording would be more limiting. · Suggested removal of the word "limit." Reference was made to comments of the consultant related to their contractual responsibility to make recommendations for land uses and financial management polices for all airport properties, including lands not needed for aviation purposes. · Past experience was noted as leased property was more apt to be left vacant, get behind in lease payments and taxes. The tenant is more apt to take care of the property ff it is purchased. Suggested the city/airport be able to buy back property. · Suggested the city attorney be consulted as to use of the word "limit" -- would it actually bind the council. MOTION: Commissioner Haralson MOVED to amend Appendix A, Page 5, Paragraph 1 to read: "Lease land and facilities within the airport reserve at fair market value rates and to the extent practical, lease airport land outside the airport reserve to preserve the future revenue-generating potential of the property. Commissioner Zirul SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Zirul MOVED to recommend the addition of a paragraph stating the City should amend the lease/sale documents to ensure the Airport Revenue Fund has first fight of refusal on any future resale of former Airport property outside of the Airport Reserve and the City should have second fight of refusal on any such property. Commissioner Haralson SECONDED the motion. There were no objections. SO ORDERED. MOTION: AIRPORT COMMISSION MEETING DECEMBER 8, 2005 PAGE 2 Commissioner Haralson MOVED to recommend the Council adopt the resolution approving the Supplemental Planning Assessment Phase II Report as amended. Commissioner Zirul SECONDED the motion. VOTE: Zirul lYes Porter Versaw Yes Mayer Bielefeld Absent Yes Knacksted Yes Yes HaralSon Yes MOTION PASSED UNANIMOUSLY. Recommendation -- Lease Application -- Ronald J. Johnson, d/b/a Kenai Mini Storage & Rentals, Inc., Lot 3, Block 5, Cook Inlet Industrial Air Park. Referring to information included in the packet, the Commission noted the following: · The intended use did not comply with the Airport Master Plan. · The proposed lease clearly did not qualify. · Yes, an interim use could be allowed. The interim time should be 12 ~ years with no option to purchase. · Language should be added to insure the development is landscaped and esthetically pleasing. · Contingent on landscaping of the current lot, a buffer/hedge be required on the street side of the property, keeping it maintained to enhance curb appeal. · Keep the entrance road to the airport attractive and appealing. MOTION: Commissioner Zirul MOVED the Commission concurs with determinations listed and recommended Council approve the lease with all the listed stipulations. Commissioner Versaw SECONDED the motion. There were no objections. ~O ORDERED. ITEM 7: REPORT 7-a. Commission Chair -- Knacksted noted the following: · Suggested the airport lease application fee be increased substantially to $200 and it be nonrefundable. The mission and vision statements be framed and displaYed in the airport administration office. Airport Manager-- No report. 7-c. City Council Liaison -- Council Member Swarner reported the lease application for the Wal-Mart development was approved and administration was directed not to approve the site plan without council and public review. AIRPORT COMMISSION MEETING DECEMBER 8, 2005 PAGE 3 ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS Porter-- Suggested the Float Plane Basin Activity Report show gallons sold. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ITEMS 10-a. 10-b. 10-¢. Kenai City Council Meeting Action Agendas for November 2 and 16, 2005. 10! 05 Kenai Airport Enplanement Report. 10/05 Kenai Float Plane Basin Activity Report. ITEM 11: ADJOURNMENT MOTION: Commissioner Zirul MOVED to adjourn and Commissioner Mayer SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9:25 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING DECEMBER 8, 2005 PAGE 4 KENAI HARBOR COMMISSION MEETING DECEMBER 12, 2005 CITY COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- November 7, 2005 ITEM 4: PERSONS SCHEDULED TO BE ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS Discussion/Recommendations-- 2005 Dip Net Fishery Report ITEM 7: REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/i~URSTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE ITEM 10: INFORMATION a, Kenai City Council Action Agendas of November 2 and 16, 2005. Correspondence/Kenai River Bank Erosion ITEM 11: ADJOURNMENT KENAI HARBOR COMMISSION MEETING DECEMBER 12, 2005 CITY COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1' , ,, CALL TO ORDER/h ROLL CALL Chair Thompson called the meeting to order at approximately 7:04 p.m. The roll was confirmed as follows: Commissioners present- Commissioner absent: Others present' B. Eldridge, R. Canady, T. Thompson S. Roma_in, G. Foster, B. Osbom Public Works Manager K. Komelis and Council Member C. Massie A quorum was not present. session. The meeting was adjourned and those present held a work ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- November 7, 2005 ITEM 4: PERSONS SCHEDULED TO BE HRARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS Discussion/Recommendations -- 2005 Dip Net Fishery Report ITEM 7' ,REPORTS a, Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO B_R ITEM 10: INFORMATION Kenai City Council Action Agendas of November 2 and 16, 2005. Correspondence/Kenai River Bank Erosion ITEM 11' ADJOURNMENT The meeting adjourned at approximately 7'06 p.m. Meeting Summary prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING DECEMBER 12, 2005 PAGE 2 COUNCIL ON AGING DECEMBER 1, 2005 KENAI SENIOR CENTER 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- November 3, 2005 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS Discussion-- Assisted Living Update ITEM NEW BUSINESS ITEM 7: Discussion -- Charge for New Year's Luncheon Discussion -- Kitchen Rental/New Charge REPORTS Council on Aging Chair Director Council Liaison ITEM 8: OUESTIONS & COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION Council Action Agendas of November 2 and 16, 2005. ITEM 11: ADJOURNMENT COUNCIL ON AGING DECEMBER 1, 2005 KENAI SENIOR CENTER 7:00 P.M. VICE CHAIR JOE HARRiS~ PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/h ROLL CALL Vice Chair Harris called the meeting to order at approximately 7'00 p.m. and roll was confirmed as follows: Members present: Members absent: Others present' J. Hollier, L. Flowers, E. Jones, G. Kuntzman, J. Harris R. Jurgensen, B. Osborn, F. Wilson Council Member Mike Boyle, Director Rachel Craig, Senior Connection Chair Anna Wheeler A quorum was present. ITEM 2: AGENDA APPROVAL The agenda was approved by unanimous consent. ITEM 3: APPROVAL OF MEETING SUMMARY -- November 3, 2005 The agenda was approved by unanimous consent. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS Discussion -- Assisted Living Update Senior Connection Chair Anna Wheeler reported James McConnell is working on financing for an assisted living facility. ITEM 6: NEW BUSINESS Discussion -- Charge for New Year's Luncheon The charge for the New Year's luncheon will be $4.00. The menu will include Cornish game hen. Discussion -- Kitchen Rental/New Charge Discussion concerning kitchen and dining room rental included' · needed. New fee schedule. Two separate contracts, i.e. dining room rental and kitchen rental. Three day grace period for the deposit. A more thorough checklist for the dining room and kitchen is Suggested New Rental Fee Schedule, Kenai Senior Center. Main Dining Room Kitchen TV/VCR Lattice Dividers (each) Dishes (each place setting) Each Additional Service Call plus tax Mandatory Janitor Service Fee Security & Damage Deposit Dining Room $350.00 $ 5o.oo $ 50.00 $ 5.oo $ .25 $ 50.00 $100.00 $500.00 (Refundable after final inspection following event) Security & Damage Deposit Kitchen $250.00 {Refundable after final inspection following event) MOTION: Member Hollier MOVED the above fee schedule be adopted for the Kenai Senior Center. Member Jones SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-a. Council on Aging Chair- Harris thanked the staff and volunteers for helping to get' the kitchen up and running. 7-b. Director -- Craig brought attention to the Art Exhibit and Open House at the Center on Sunday, December 4 from 2'00 to 4:00 p.m. 7-c. Council Liaison- Boyle announced Frontier Community Services presented their project to the council. On the Capital Improvement Projects list the senior projects are not on the top. ITEM 8: (~UESTIONS/l~ COMMENTS -- None ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION COUNCIL ON AGING MEETING DECEMBER 1, 2005 PAGE 2 10-a. Council Action Agendas of November 2 and 16, 2005. ITEM 11: ,,, _ ADJOURNMENT The meeting adjourned at approximately 7'50 p.m. Meeting Summary prepared by: Karl Mohn, Administrative Assistant COUNCIL ON AGING MEETING DECEMBER 1, 2005 PAGE 3 Dear President Bush, My Name is Richard Warrington, I'm sending you this letter, Because I'm a s,,,--,: ..... ,,, ~vor ota ~ raumatie Brain/njury that happened two months after High School graduation back in 1978. And was on the enlistment to the Navy but was declined because of the Injury. What I am thinking is for you to come and attend the 10tu Annual Brain Awareness Walk and Bar-B-Q we have in Kenai, Alaska. It will be on Saturday June 3~e 2006. also. You would be the first President to participate in this kind of event Doing this you would get more people from all across the Nation looking into this type of Injury more. With the Presidents help doing this then there would be more assistance to the over 1,500,000 Injuries that happen each year across the Nation and the Brain Injured Veterans that come back from the war, since there is more of them a/so. President Bush if you did attend the Walk event next year, then End you could sign the Executive Proclamation naming March as the at the National Brain Injury Awareness Month, if this bill does pass through the Congress and it would be seen all across the Nation, Which would give more impact to this type of l a jury. My Wife and I Received a Real Hero Educators Award from Alaska's part of Red Cross in 2004, for all the presentations We have been giving to Schools about Brain Injuries and ways to prevent one and what will happen if they got a Brain Injury. We where the fn'st ones in the Nation to get that kind of award working on prevention also. Senator Ted Stevens attended the walk in 2004, you could ask him about the event, and see what is given to those that do attend it. Am even thinking if you do come to this once a year event, then would let more of the Congress know that you are coming and see if more of them would come with you also. And then have them look at doing this kind of thing in their State, so that there would be a Brain Injury Awareness walk across the Nation also, Like there is a Heart and Cancer event across the Nation now. Then if you do come then you could look at more of Alaska, about the pipeline, and look at the price of gas up here. I was appoimed on the Ambassador Program in 1997 by the Brain Injury Association of America, but it has been cut back to state levels, I'm still wanting to do things for other Brain Injured Survivors across the Nation, Governor Murkowski had made a Proclamation for the State of Alaska, Naming October being Brain Injury Awareness Month. Don't know if you have been down into this part of Alaska yet, but it is only a half-hour flight from ElmendorfAFB and Kenai's Ail'pOn and Kenai is Ted Stevens Airport back up place for the big planes to land. This is all I wanted to say to you right now, Hope to hear good news from you later, Sincerely, Richard Warrington 313 Cindy Circle Kenai, AK 99611 907-283-5711 THE WHITE HOUSE WASHINGTON December 5, 2005 Dear Mr. Warrington: Thank you for your letter inviting President Bush to attend the Brain Injury Association's 10th Annual Brain Awareness Walk and Barbeque in Kenai, Alaska, on June 3, 2006. We appreciate your invitation and the valuable opportunity it presents. As the President's schedule continues to develop, your request will be given every consideration. We will contact you once a final decision has been made. If you have any questions regarding your request, you may contact the Office of Appointments and Presidential Scheduling at 202-456-5324. Mr. Richard A. Warrington 313 Cindy Circle Kenai, Alaska 99611-76 71 Sincerely, · Deputy Assistant to the President and Director of Appointments and Scheduling Kim Howard From: Linda McNair Sent: Monday, December 12, 2005 2'18 PM To.' Klm Howard Subject: November Report The Kenai Community Library is a busy place. We were closed four days for the Thanksgiving Holiday so our readers stocked up on reading materials before closing on Wednesday. This past month The Friends of the Library received a grant for $5,000 from the Mental Health Trust. The grant was written by Julie Niederhauser The Libra wi !h,e Alzhe,mer's Disease Resource oroanization t":-"----'" ~ il..wo, rk collaboratively with · = , -~ r~una~ ~en~or [.;enter and the Forget-Me- ~ot Adult Day Care Center to create a core collection of Alzheimer resources that promote cognitive fitness. Library patrons, caregivers and family members will be able to search the library catalog for these materials which will be housed at the Kenai Senior Center Library. The library has been hosting Mental Health presentations monthly. This past month the speaker addressed Seasonal Affective Disorder. There was a good turn out for this evening presentation. There will be other speakers through out the year addressing a variety of topics. The speakers are presenting at no cost to the library. Family Story Time on Sunday November 10th was a cozy time for everyone. We had many families in attendance to hear a variety of stories presented by the Kenai Performers. The Library has been purchasing many new books and visual collection. We recently purchased a 5 part DVD series Teens materials for our mental health _ at Risk which has information on teen depression, Bulimia Nervosa and Anorexia Nervosa, youth and-guns youth and drugs and addiction and depression. , , Many library related organizations meet at the Library monthly The Boo Genealogy Group, and · , . ,. k Club, Totem Tracers The Writers Group. The organizations are open to the public and welcome new members. The Totem Tracers members also sponsor a monthly Research Saturday to help the public with their genealogical questions. 12/12/2005 Library Cards Issued November 2005 Kenai 53 Homer 1 Kasilof 6 Nikiski 19 Soldotna 21 Sterling 5 Other 24 Total 129 Library Patronage... Adult Programs ...... Childrens Programs ...... Family Stories ............ 6955 Persons 46 Persons 375 Persons 43 Persons Kenai Community Library 163 Mare Street Lool~ Kenai, Alaska 99611 CIRCULATION REPORT FOR NOVEMBER, 2005 Adult Juvenile Fiction 1644 Non-Fiction 1503 Periodicals 96 475 214 Easy Books 1200 246 Intemet Access Music Misc. Puzzles Videos 1161 212 6 8 882 Total Printed Materials ............... 5378 Total Circulation .............................. 8269 PAC Searches ........................ 6845 DVD 447 Audiobooks 175 ADDITIONS Docs Adult Juvemle Gifts - 103 Purchases - 152 Total Additions ......... 369 17 16 Easy Books 21 39 AV 20 1 INTERLIBRARY LOANS Ordered Books 24 INTERLIBRARY LOANS BY OUR LIBRARY INTERNET USE ......... 1161 Received 20 Returned 13 VOLUNTEERS Number .....16 Total Hours .....153 INCOME Fines and Rental Books Xerox Lost or Damaged Books 867.30 248.65 150.65 Total Income for November 2005 ........... $1,266.60 MEMORANDUM To' Chuck Kopp, City Manager From: Rachael S. Craig, Senior Center Director Date' December 13, 2005 Subject: November 2005 Monthly Report Total number of days rented in November 2005:4 Total Meal Count for November 2005. 2,630 Total Congregate Meals Served- 1,190 Total Home Meals Served: Total Non-Senior Meals: November 2004 Meals Served: Total Congregate Meals Served: Total Home Meals Served: 1,440 10 2,312 1,299 1,010 Total Non-Senior Meals: 3 Volunteers donated 916 service hours for the month of November. We have served over 75 seniors in providing assistance for the Medicare Part D drug plan and researching the "right" program for each senior. The Admin. Assistant has facilitated two Medicare workshops 25 - 30 seniors in attendance. These workshops and individual counseling sessions will continue through January. The seniors have continued to participate in the Walking Program entitled, "You Can." A practicum student from KPC continues to facilitate the program at the Rec Center. Eleven seniors are participating. The group walks on Monday, Tuesday and Thursday. This activity will continue at the rec. center through the winter, in the spring, the group will transition outdoors walking around Kenai. KPC Art Students continued their "community art" project. The digital photography and beginning drawing students met with seniors, interviewed, drew, and or photographed each of the seniors. Hopefully, you saw the newspaper article talking about this project in the Sunday, December 11 th Peninsula Clarion. We had a great turnout when we celebrated our Veterans Day Gala. Each veteran shared what, when and where they had served in the Armed Forces. Each year our seniors assist Sears Elementary collecting donations of toys for kids in need within our community. This year, we collected over $400.00 and then a senior volunteer shopped for toys. These gifts will go to Sears Elementary during the week of Dec. 12 then be divided and included in Christmas boxes to families with children in need in Kenai. Seniors and Kenai Performers came together and had their annual Murder Mystery Farce Dinner Theater. There were two performances, with a total of 285 in attendance. This event was very successful. Seniors provided over 40 dozen cookies for the nnstmas Comes to Kenai" Event. Besides taking first place in the organizational division of the electric light parade. I am sure if you attended, you saw the Dogs (instead of reindeer) flying Santa's sleigh. Hope you all have a "Dog Gone Good Christmas." KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ Telephone: 907-283-7535 / FAX: 907-283-3014 till,' 1992 MEMO: TO: Mayor Porter and Council FROM' Chuck Kopp, Chief of Police DATE' December 15, 2005 SUBJECT: November Police Activities Report The Police Department took 516 calls for service, and the Emergency Communications Department answered 126 e9-1-1 calls. Police investigated 8 motor vehicle crashes, made 192 traffic enforcement contacts, and wrote 283 investigative reports. The Emergency Communications Department sent 3 dispatchers to an Emergency Medical Dispatch certification/reeertification class in Anchorage. This training is mandatory for dispatchers to provide medical help to callers. Chief Kopp attended the National Law Enforcement and Corrections Technology conference in California. Sergeant Komfield attended a 40-hour seminar on Managing the Small Law Enforcement Agency, sponsored by the Southern Police Institute. Officer Miller attended a Remington Armorer course, enabling him to service department rifles and shotguns. Additional training topics for the month included seminars in Street Survival/Officer Safety, Computer & Intemet Crimes investigation, and grant writing sponsored by the Alaska Highway Safety Office. Kcnai Police Department provided extensive personnel support to all the Christmas Comes to Kenai weekend events. Date: To' From: Subject: INTEROFFICE MEMORANDUM I FIRE R December 14, 2005 City Manager Fire Chief Tilly Midmonth report Runs for the timeframe of 11-17 through 12-14: Run total for the year 1170 runs Total last year at this time 1146 runs Last 30 days 100 runs Summary of activities for last month. 1. Assisted in Christmas comes to Kenai. 2. Assisted in the 2005 Winter Classic Snowmachine Charity Run. 3. Did in-house testing for Captains position. Promoted Jason Diorec to Fire Captain. 4. Did in House testing for Engineers position. Promotion TBA. 5. Hosted a luncheon Walt Williamson's retirement 6. Proctored Extinguisher Test. 7. Installation of flooring and weights at physical fitness room. 8. Hosted a full department training drill on Rapid Intervention Team training. 9. Chief ~ttended a 2-day meeting on the ALMR radio system in Anchorage. 10. Attended meetings with Life Guard Air ambulance services. 11. Chief participated in Mentorship program at High school. nal Municipal Airport Airport Manager's Monthly Report December :t5 2005 Short-Term Vehicle Parking' We continue to make progress in the short-term lot. We have made some signage changes at the request of the public. Revenues appear to be stabilizing at approximately 1100.00 per month. We have received requests for a bill changing machine in the terminal to facilitate payment. Vic Tyler who supplies out vending machines is looking into this for us but his initial response was these machines are expensive ($8,000 or more) and problematic to maintain. It is my intention to install a credit/debit card machine next year that will automatically note space number and payment for both the long and short-torm lots. Those machines run over $10,000 however, revenue from the short-term lot seems to justify the expense. More information will be supplied for consideration during the budget process. Snow Removal' The lack of snow .accumulation does not mean our crews have not been busy. Froezing rain, sleet and slush am actually more problematic in the airport environment than snowfall. The crews have worked hard to maintain ~safe surfaces for aircraft operations. Expenditures for de-icing chemicals, sand and overtime are up slightly but not over budget at this time. Security Services' Mary Bondurant and City Administration have been working hard to finalize an RFP for security services at the airport. The current Plan is to advertise the first part of January and have the bid opening at the end of January. We are happy with the service provided by Guardian but understand there am local companies that might 'be interested. The process will assure that we are getting the best price for services. Holiday Painting' Once again, Bunny Swan is painting window art for the holiday season. We am using an Arctic Winter Games theme so some of the artwork can remain in place to welcome the participants and supporters. Thanks to Bunny for doing a gmat job and to our grounds worker Terry Russ for a really nice. job on the Christmas lights. Wishing you and your families a safe holiday season. Merry Christmas and Happy New Year. MEMORANDUM CITY OF KENAI ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611.7794 TELEPHONE 907-283-7535 FAX 907-283.3014~ 'llll: TO: Charles M. Kopp, Acting City Manager FROM. Jack La Shot, Public Works Manage~_ DATE. December 15, 2005 SUBJECT: Department Report for Council meeting of December 21, 2005 · A current Public Works bid information sheet is attached and will be included as an information item for Council. · Them will be a PO for Council approval to Otis Elevator to modernize the City Hall elevator. A memo of explanation from Robert Springer will be included. The actual work will be scheduled for late March when we have a three-week span between Council meetings, if all the parts ardve. The elevator will be out of service f°r about two weeks. Other meetings may need to be relocated or other accommodations made. · Concerning the access issue across the east end of the golf course to the new subdivision, it may be possible that it will not be considered a conversion of use under the LWCF program. This is due to an easement recorded that existed pdor to when the land was put under LWCF protection. We won't know for certain on this until Alaska State Parks resolves the issue. o L~ ~L~') ~0 Monthly Report For December 21~ 2005 Keith Komelis: Public Works Mana;er Set Net Drive & McCollum DHve I Aliak Drive & Angler Drive LID: The Set Net LID public hearing was held on November 2, 2005 and it is now toady for tone.on. I have completed the McCollumlAIiak LID Preliminary Assessment Roll, Information for Public Headng, and Preliminary Cost Esfimam for the proposed proj~-~t. In 2003 the council rc~:luest~ 4 different methods of assessing this project and I have done the same this time. The Public Headng is set for Februa~ 1,200~. The Angler Drive LID city manager's report to coun~l is set for ~e December 21, 2005 meeting. The cost estimate for each project is on the high side with a 20% contingency bemuse of the high cost and unpredictable unit pdc~ of asphalt. Kenai River Special Mana;ement Ama: I have been attending the KRSMA board meetings including the work sessions on increasing the horsepower limit to 50 hp on the dver. KRSMA is seriously considering this. I requested that a valid scientific fact sheet be provided outlining the pros and cons for this change. The public's perception is the higher the horsepower the larger the wake and the more damage to the shore plus an increase in hydrocarbons into the dver. Them is a wake study that should be available soon. This is a complicated issue with many things to consider. The changes in the regulations for guides are also being discussed, which includes new fees and professional standard requirements. I have information available to anyone who is interested. Town Clock: The two clocks in the copper covered stainless steel housing were mounted on top of the stainless steel tower on Noveml:~r 28, 2005. Mom than a dozen companies generously donated money, equipment, materials, and labor to this Kenai Town Clock. The docks am running and illuminatc~l at night. 'l'hem is still over $10,000 in project funds for completing the landscaping, sidewalks, benches, lights, and metal plaques. USFWS Grant: This project is to replace the collapsing 5-foot culvert on Boat Launch Road. The odginal roquest was to roplac~ the 5-loot culvert with one the .~ame size. USFWS and the agencies are requiring this 5-foot culvert to be replaced with an 8-foot one. I have requested an USFWS grant in,ease of $34,000, which would give a new USFWS grant amount of $4~,150. W'~ the $11,250 that the city has contributed the new project total is $57,400. New Well House 4: I have applied for a three-year extension of compliance for meeting the new 10 ppb amenic MCL [or well houses 1, 3, and 4. I have b~n told it will not I:~ a problem getting this extension. West Coast Filters want to do another pilot study in April. Filtronics, Severn Trent, Kinetico, Basin Water, and Pumfiow Filtration Systems am all intemst~l in providing arsenic removal treatment for our wells. I have been told that them are many new methods of treatment going on the market and new improved filt~r mc~lias every month. This should bring the capital and operation and maintenance costs down. STIP Projects: I sent a letter to the State requesting five projects that we previously submitted be plac~d on ~e n~w mvisc~:l FY'0~8 STIP. They am 1) Kenai Bank Stabili~fion Coastal Trail, 2) Boat Launch Road Rehabilitation, 3) Wildwood Drive Reconstruction, 4) Overland Avenue Pedestdan Walkway, and 5) Kenai Beach Road. Keith Komelis Page I of 2 Senior Connection Project & Frontier Community Services Project: The city asked the architects for these two projects to coordinated their site plans to see how the infrastructure for their projects matched. The drawing that we received was interesting. I think that with a little more thought and coordination between the two developers the roads, water, and sewer could be better planned than what is shown on the site plan drawings. Lawton Water Main Extension to WH 4: This project has been designed and we have a permit for winter construction. However, we will hold off on this project until the arsenic treatment problem is solved. We are considering extending this water main down Beaver Loop to Well House 2. State Legislative Grant - Joint Municipal Water & Sewer System Analysis: This $50,000 grant is to "Update and Improve the City of Kenai Water System Study with consideration for extending the system to neighboring areas." It will be used to update Nelson's Water System Study dated March 28, 1994. Boatin~ Facility Launch Ramp- This grant from the state is for adding two new launch ramps. The design for this project is 99% complete. We have received the Corps permit. We should be ready to bid the project very soon, however I am not sure if it can be completed before the fishing season. We will have a pedod of time that the contractor will have to stop work if not completed so they will not be in the way of the fishing operations. Boatin~ Facility Exit Road & Sale of City Wetlands: The city is finalizing the land trade with The Conservation Fund for the boating facility exit road. There has been no money appropriated to construct this exit mad. Council is considering Ordinance No. 2136-2005 which authorizes the sale of 4 parcels of land. New Street Lights: Public Works in compiling a list of requested new streetlights. DOT: I sent DOT the bill for the driveway exit at the Airport Operations Facility, which is the DOT grant as part of the Artic Winter Games. ! am also working with DOT on correcting the state signs that show mileage to Kenai. Dock Leases: We are working on a new bid document to lease both spaces out for a 2-year period with a minimum bid amount that is near what was bid last year. Keith Komelis Page 2 of 2 " l/a e with a past, gi(y w 'th a 210 Fidalgo Avenue, Kenai. Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 KENAI. ALASKA To: Charles M. Kopp, Acting City Manager From: Robert J. Frates, Parks & Recreation Directo Date: December 15, 2005 RE: Admin. Report- November 2005 A total of 133.25 hours were booked at the Multi-Purpose Facility in the month of November. This is an increase of 27 hours bom last month. The bleachers are in place and the Department has been receiVing very positive comments with respect to this and other upgrades. The City will be changing out the orifices in the radiant heaters in order to produce more heat. Additionally, a portable sound system will be purchased with monies from the A WG grant and a temporary trailer has recently been placed to serve as administrative offices for the Multi- purpose facility venues during the games. Kachemak Electric has been asked to repair a number oftmnsfomem serving the pole decorations. Their service truck has been down and should be back in service next week. Due to lack of snow, grooming at the Kenai Nordic Trails has not occurred to date. All equipment has been serviced and trail markers made and ready in the event of snow. The Director has been conducting interviews for the Parks & Grounds Assistant position, which has been narrowed to a couple candidates. The department is hopeful to have someone on board by.January 1 st. The Kenai Lions Club conducted a work party on December 3~ at the Bernie Huss Trail. Several trees were selectively removed to create better visibility. The Director requested the entrance sign be removed so repairs can be made over the winter months. It is the desire of the dub to lend more assistance next season. The October marathon planned for next season has been published in the Alaska Runner's Calander and more planning meetings are scheduled to reconvene next month. KENAI MULTI-PURPOSE FACILITY ACTIVITY REPORT Month: November 2005 ACTIVITY Customer Type: (hrs.) KPHA KCHS Homer H.S. North Pen. Rec. Adult Lea Nikiski H.S. Homer Assoc. Revenue: lee Rental Public Skate Dasher Ads/Ice Lo§os Room Lease (Re~ Line Sports) lee Maint. Electric (~as Water and Sewer Sanitation Total Revenue: Total THIS MONTH 62.75 42 7 2 19.50 133.25 $14,001.75 18.25 240.00 $9,900.00 4,786.36 623.67 303.81 64.00 $14,260.00 $15,677.84 THIS MONTH LAST YEAR 74 38 8 8 6 15 11.25 160.25 $16,856.50 175.15 1,372.70 240.00 $9,900.00 5,714.87 352.87 592.96 64.00 $18,644.35 $16,624.70 YEAR TO DATE (Th~ Season) 109.25 66.00 12.00 5.25 46.50 239.00 $25,105.50 122.00 5,000.00 480.00 $19,800.00 11,31.64 1,026.22 644.92 128.00 $30,707.50 $32,912.78 MEMORANDUM To' From: Date: Subject' Chuck Kopp, Acting City Manager Larry Semmens, Finance Director/~~ December 15, 2005 Monthly Report It is budget time! The finance department will be sending budget information to the departments soon. The draft budget calendar is attached. I have been actively involved in Public Employees Retirement System (PERS) issues for several years. Until recently the City has had very low PERS rates because our account was thought to be over funded. Unfortunately the liability has been recalculated and now our account is about $10 million under funded. This year the State provided the City $236,000 to offset the 5% increase in the PERS rate. SOme municipalities eleCted to pay the increased rate from their own resources and use the State contribution to reduce their liability. Soldotna did this and also paid in an additional $1 million. This will greatly reduce the amount of money that Soldotna will pay over time due to the 8.25% interest rate accruing on the liability. We should consider a similar strategy for paying down our liability. CITY OF KENAI FY 2007 DRAFT BUDGET CALENDAR December 19, 2005 Budget Preparation Packets Distributed January 6, 2006 Overtime and New Positions Due to Finance January 13 City Administrator Decides On New Position Requests By This Date January 16- Feb 03 Finance Department Develops Revenue and Personnel Expense Estimates, Budget Formats & Tables January 20 Departmental Budget Submissions Due to Finance February 14 - 20 Budget Draft Reviewed by Department Heads February 21 Consolidated Budget Submitted To Administrator March 13- 17 Department Head Meetings With Administrator March 27 Administrator's Budget Draft Finalized April 5 Budget Package to Council April 10 Council Budget Work Session Additional meetings to be scheduled as needed May 3 Motion to Set City Attorney and City Clerk Pay, if Changing May 12 Council Work Sessions Completed May 17 Introduction of Budget Ordinance May 24 Publish Notice 7 days prior to Public Hearing June 7 Public Hearing of Budget Ordinance June 7 Mill Rate Resolution Adopted Must be provided to the Borough by 6/15 June 23 Publication & Distribution of Budget Completed Finance website updated INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 21, 2005 o 12/14/05 KK letter to U.S. Fish & Wildlife Service related to Kenai Boat Launch Road Culvert Replacement. , 2006 Gaming Permit Applications -- · Our Lady of the Angels Church · Fraternal Order of Eagles 4/3525 · Old Town Bingo (Multiple-Beneficiary Permit) · Peninsula Offers Baseball Club, Inc. · Offers Baseball Booster Club, Inc. · Kenai Convention & Visitors Bureau, Inc. · Alaska State Chapter/National Eligibility Workers Association . 11/05 Kenai Municipal Airport Enplanement Report. . Public Notice of Public Meeting and Availability of Environmental Assessment for Kenai Municipal Airport Improvement Projects o 12/05 Kenai Chamber of Commerce Newsletter. , 12 / 05 Soldotna Chamber of Commerce, Chamber Connection. , 12/15/05 City of Wrangell cover letter and resolution supporting the prohibition of mixing zones in freshwater areas where fish spawn. Se 12/6/05 Board of Adjustment Hearing Verbatim/Appeal of Debbie J. McKay. KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax- (907) 283-3014 www. ci.kenai.ak.us December 14, 2005 U.S. Fish and Wildlife Service Brie Darr, Fish & Wildlife Biologist Kenai Fish and Wildlife Field Office P.O. Box 1670 Kenai, AK 99611 Dear Ms. Darr: Subject: Kenai Boat Launch Road Culvert Replacement FWS #701815J596 DCN: 701-81-5-J596 Charge Code' 73110-1121 The Scope of work for this project has changed substantially since the agencies' review and new requirements. Replacing the existing five-foot culvert with another culvert the same size as originally planned was not approved by USFWS. The eight-foot culvert now required is almost three times more expensive plus the labor costs increased. Below is the new project budget: Administration Engineering & I n_J_l_l_l_l_l_l_l~pectio n Construction TOTAL USFW 500.00 4,900.00 --~-~~, 750. 00 46,150.00 ~ of Kenai 11,250.0O 11,250.00 Total 500.00 4,900.00 52,000.00 57,400.00 The City of Kenai requests an increase in the USFWS grant of $34,900 for a new grant amount of $46,150. This grant increase will allow the existing five-foot culvert to be replaced with an eight-foot culvert as required by USFWS and other agencies. U.S. Fish and Wildlife Service Page 2 December 14, 2005 Thank you for considering this, and I look forward to working with you on this project. Sincerely, Keith Kornelis Public Works Manager KK/jet cc: U.S. Fish and Wildlife Service Gary Goldberg, Contracting Officer 1011 East Tudor Road Anchorage, AK 99503-6199 Charles M. Kopp, Acting City Manager Larry Semmens, Finance Director Wm. J. Nelson & Associates Department of Revenue State of Alaska Tax Division, Gaming Group 2006 Gaming Permit Application PO Box 110420 AS 05.15.020 Juneau, AK 99811-0420 Telephone 907.465.2320 This form is also available on the Internet at www. tax. state, ak. us/forms, asp ORGANIZATION INFORMATION yer Identification Number (EIN) 7 225 SOUTH SPRUCE ST. KENAI, AK 99611 Number Number jar nP~R~.O~N,~.S..INnC_I'I___AI~__GE OF GAMES,- o ,.,~,~,,,~,u,, venaor, or emp,oyee ora vendor. organization Pe n ,, ~.,.i ................. P y o the munlc~pahty and des~ nated b th · rso s max not .,~ ,i,.o.o~u a~ -n ............. ' · - ' , 'g y e First N est Name Member's First Name ity Number Numb, Number tess ome Mailing Address Member's est Name Telephone Number ff ~! :Permit number under which the test was taken: Permit number under which the test was taken: THESE QUESTIONS MUST BE ANSWERED. (See instructions.) [~ Yes [~~No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violaticn of a law or o~inance of this state or another jurisdiction that is a crime invoiving theft or dishonesty  or a violation of gambling laws? [~ Yes No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.9547 We declare under penalty of unswom falsification, that we have examined this appfication, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this application or any atta, is punishable by law. Member's Signature Pdnted Name (See instructions.) Pdnted Name e correct amount. The permit fee is based on 2005 estimated gross receipts. Make Checks Payable to the State of Alaska [~]/ $0- $20,000 = $20.00 ["-] $20,001- $100,000 = $50 [~ $100,001 or more = $100 Two copies of this application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments. Form 04-826 Application Front (Rev 09/05) Page I 2006 Gaming Permit Application · . Bingo ~~affies Puli-Tabs Contest of Skill Canned Salmon Classic L.J Dog Musher's Contest -'] Fish Derbies [~ Goose Classic ~ Ice Classic ~ King Salmon Classic L_.] Race Classic "'"] Rain Classic ~ Salmon Classic r"-'] Snow Machine Classic ~ Special Draw Raffle · r-'] Animal Classic (Chicken) "-] Calcutta Pool · ~ Crane Classic ~ Deep Freeze Classic ~ Mercuq/Classic r-~ Animal Classic..(R.a't .Race) ...... . '?~".e~'he~'k:.Li's.t ACTIVITIES CONDUCTED BY ORGANIZATION ~"- Physical Address Game Type(s) Is Facility [~;;~ed ~~Z ~ ~OonateU ~Owned ~Leased ~Donated ~Owned ~Leased ~Donated ~~ned ~Leased ~Donated MANAGER OF GAMES, As defined in 15 ~C 160.995 and 15 ~C 160.365. (If you have requested self~irected pe~its for bingo or pull-tabs above, you must appoint a manager and complete the info~ation below.) Manager's First Name Security Number Home Mailing Address City Zip Code Has the Manager of Games.taken and passed the test? r-'~Yes r--]No Permit number under which the test was taken: ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached. Name of Vendor Physical Address ACTIVITIES CONDUCTED BY OPERATOR Name of Operator Physical Address Game Type(s) Operator's Lic. No. ACTIVITIES CONDUCTED MULTIPLE-BENEFICIARY PERMITTEE DEDICATION OF NET PROCEEDS. The organization must use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization will use the net proceeds from gaming activities. (Be specific.) Department of Revenue State of Alaska Tax Division, Gaming Group 2006 Gaming Permit Application PO Box 110420 AS 05,15.020.- '"' Juneau, AK 99811-0420 Telephone 907.465.2320 ; " r~,., '"""' ' '"~._., i/, ' : L"/-? _ '7 I ~,. ,orr. ,. .,.o .v.,,.~,o o~ ,~o ,,,or~o, ,, www.,,x.,,,,~.,~.u~or~,.,,, I / ' ORGANIZATION INFORMATION I /,~-., - - '" '""'"'"~ / /I IFederalEmpl°yeriden~ii'";a~°nNumber(EIN) IPermit Number ." : /i Mailing Address - ' ' ' ' r"l~o~ ~ c,.cor Service ~ Labor r-] Political __D~"u'~e~ n ~~un,~ - r-I ou~ J __L.1Educaaona, l~NonProfit Trade Association r"'lVeterans ~lRA/Nafive Village PERSONS IN CHARGE OF GAMES. Persons must be active members of the organization, or an employee of the municipality, and designated by the . _o?~.ti.on. p .erst__ may not be licensed as an operator, vendor, or employee of a vendor. ' Has the primary member taken and passed the test? iPermit number under which the test was taken: IYes r'-lNo City Zip Code Has the alternate member taken and passed the test? O No Permit number under which the test was taken: ~) ~:~ THESE QUESTIONS MUST BE ANSWERED. (See instructions.) . · ' E] Y- I No Has any member of management or any parson, who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is.a crime involving theft or dishonesty or a violation of gambling laws? r"'l Yes INo Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.9547 · We declare under penalty of unsworn falsification, that we have. examined this application, including any attachments, and that to the best of our knowledge and belief, it is true and complete. 'We .understand that any false statement made on this application or any attachments is punishable by law. Primary or Altemate~ber's Si -"i-es~ent/o~ivice-P~er~t"'s,?~,~ure,Seeinstructions., JPri~ted~,, 'Nar~e-~ ' ....~,,"-;" -- I~;,- 1 The permit fee is based o.n 2005 estimated gross receipts. Make Checks Payable to' the State of Alaska L.J $0 - $20,000 = $20.00 L~ $20,001. $100,000 = $50 $100,001 or more =$100 Two copies of this application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments. Form 04-826 Application Front (Rev 09/05) Page 1 peleuoor-1 pesee'lF-J peua~r-"l ~,~uoon /~~ d'~' , pesee-lJ-'1 /q!lPed si (s)ecl~j. etue9 , sse~ppv le~!S~qd 4 ~, t~,,, ~,-1 .. euJeN/q!l!Oe:! NOLLVZINV91~IO Ag Q=ILORQNO::) $3LLIALL3V lsFI qoeqo ees · o!sselO auedo D · IOOd e~noleO D . (ueqo!qO) o~sselO letu!uv i'--! (eoebl lebl) o!sselo leuJ!uV L._] · eigebl a~eJo lepeaS D o!ssel::) eu!qoe~ ~oucj D. ~.sselo UOwles D o!sselo u!e~l D o!ssel:3 coed! D JeqwnN l!uJJed 3!SSelO/unoJel61 L_J o!SSel:) ezeeJ:l deeo L.J o~-iO uo~,~s ~u~ D o~,o u0w,~s p~uu~o r-I o!sselo COl D II!qS jo lsauoo I~ ::)!sselO es°°c~. D " ' '" Sqe'L'llnd' B lsm, uo0 s~etlsnl61 I~C! D o~u!8 D ('~OleCl uo.qeuuo~u! 5u.qelduJOO Joj esn) '3dA. L 31RV~) ] a,,u?,e~ uo!~ueS~o . UOlleolldclv lltUjed §ultuec~ 900~: De~artmem of Revenue Tax Division PO Box 110420 'uneau. AK 99811-0420 ~lept~one 907.465.23£0 State of Alaska 2006 Multiple-Beneficiary Permit Application AS 05.15.145 This form is also available on the Internet at www.tax.s~ate.ak.us/forms.asp FeOeral EIN Permit Number Telephone N~~ 71-0917986 1819 907-283-7133 'MBP Name E-mail Aaaress Fax Numoer Old Town Bi ~o kenai.dunn@acsalaska.net Mailing AOaress 907-283-3390 L ....... Date Sta . _ PO Box 1082 Kneel AK 99611 PERSONS IN CHARGE OF GAMES. Persons must be members of one of the aual~fiea orgamzat~ons or the board of directors of one of the qualified organizations or employees of one of t~e mumc~Dalities. Members may not be licensed as an operator, vendor, or employee of a vendor. Social Secur,ty NumTer _ I Mva I Renken ........ ' ' , 907-283-1991 ~~ Address , Home Mailing Address 140 Henrich PO Box 1909 ~as t~e Do.mary re,ember tal(en and passed tt~e test? [~]Yes E~No Has the alternate member taken ancl assed the ? ermK numoer under which the test was taken 1402 ......... P test. ~Yes r'~ No ~A~^~=,-, ,., ............ '----- ~erm~ number unaer wnicl~ the test was taken...____ 2228 "-- ,nager's First Name - MBP MEMBER APPLICANTS. Ali member applicants must (1) have a permit or (2) have applied for a permit in this permit year . 1. 0215 Peninsula Oilers Baseball Club, Inc. 2. 0072,._.~Kenai Convention & Visitors Bureau. Inc. 3. 907-283-7133 907-283-1991 THESE QUESTIONS MUST BE ANSWERED. (If you answer "yes" to either question, please submit the person's name and position of responsibility.) [~Yes ~]No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or end,er jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? E~]Yes r'~No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict interest as defined by 15 AAC 160.9547 ! declare, under penalty of unsworn falsification, that I have examined this application, including any attachments, and that, to the best of my knowledge and belief, it is true and complete. ! understand that any false statement made on this application or any attachments is punishable by law. Member S~na~ - - - ~ 'Pnntea Name V :Date Sharon Hale Permit Fee $100 Make check payable to the State of Alaska Two copies of this application must be sent to ali applicable municipalities and borouohs. 2006 Multiple-Beneficiary Permit Application iMBP Name i Old Town Bingo SUPERVISORY EMPLOYEES F~rst Name Ma, rgaret , First Name First Name First' Name iFeoera~ EtN 71-0917986 Last Name Baxter Last Name Last Name Last Name GAME TYPE luse for comDlet~ng ~nformat~on below.) r~Bingo [-'1 Dog Musner's Contest r-'~ Race classics r~IRaffles r--'lFish Derbies r'-lRain Classics r~q Puli-Tabs r-'lGoose classics ~'lsalmon classics Dcontest of Skill r'-llce classics DS'now Machine Classics r=']Cannecl Salmon Classic r-~King salmon Classics DsDeciai Draw Raffle· r'~Deep Freeze Classic DMercury Classics r-]Animal Classic (Rat Race) ACTIVITIES CONDUCTED BY MBP Factory Name Physical Aclclress Game Typels) , ~ Oilers Building/Bingo Hall Corner of Cook & Main Kenai Bingo/Pulltabs/Raffies Permit Number 1819 , Socia~ Secun~ Number 546-72-7331 SoCial Security Number Social Security Numl3er Social Secunty Number ,, E~Animal Classic (Chicken) r--]Calcutta Pool · DCrane Classic · See Check List Is Facility r'"]Ownect r'~q Leasecl E~Donatecl DOwnecl r-]Leasecl r-] Donatecl r-]owned r'-] Leas.ri ACTIVITIES CONDUCTED BY VENDOR (puli-tabs are the oni,v ?ames a venclor can concluct) Ven(1or registration and fee must be Name of Venctor Name of Owner Ph~/sical Adclress DOwnecl r']Leased DDonated r--]Ownecl r"~ Leasecl E~_ Donatecl r'~Owned DLeasecl ODonated attached. Use additional sheets as necessary. Fnn'n O4-RR.q (R~_v {'l.q/t~.~ R~ck Department of Revenue State of Alaska Tax Division, Gaming Group 2006 Gaming Permit Application PO Box 110420 AS 05.15.020 Juneau, AK 99811-0420 Telepl~one 907.465.2320 This form is also available on the Intemet at www. tax. state, ak. us/forrns, asp ORGANIZATION IN FORMATION Federal Employer laentification Number (,EIN) 92-0126O92 Organization's Name Kenai Convention & Visitors Bureau, Inc. Mailing Address 11471 Kenai Spur Hwy r'-~Charitable r'~civic or Service [~] Dog Mushers Association ['-] Educational ['"']Fishing Derby Association ORGANIZED AS [~] Fraternal r'-']Labor E~ Municipality r-'~Non Profit Trade Association r"-]Outboard Motor Association Telephone Number 907-P82-1991 Fax Number 907-283-2230 E-Mail Address @visitkenai.com r'~Police or Fire Department E~Political E~Religious C~veterans E~lRNNative Village PERSONS IN CHARGE OF GAMES. Persons must be active members of the orgamzation, or an employee of the municipality, and designated by the organization. Persons may not be licensed as an operator, vendor, or employee of a vendor. Pdmary Member's First Name Primary Member's Last Name Social Secunty Number Renken Daytime Telephone Number Alternate Member's First Name Dana Social Secunty Number Home Mailing Address 907-283-1991 ".;. PO Box 1909 City Zip Code Kenai 99611 Has the pnmary member taken and passed the test? m~Yes [~No Permit number under which the test was taken:~ 2228 THESE QUESTIONS MUST BE ANSWERED. (See instructions.) Alternate Members Last Name la Daytime Telept~one Number 9071283-1991 Home Mailing Address Dr city Kenai Has the altemate member taken and passed the test? Permit number under which the test was taken: 72 Zip Code 99611 [~Yes [~No E~ Yes r~ No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a cnme involving theft or dishonesty or a violation of gambling laws? E ~ Yes r'~ No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.9547 We declare under penalty of unswom falsification, that we have examined this application, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this application or any attachments is punishable by law. Permit Fee: Check the appropriate Dbx and enclose the corre~ The permit fee is based on 2005 estimated gross receipts. Make Checks Payable to the State of Alaska ~ $0- $20,000 = $20.00 m~ s20.001. $100.000: $50 FX'l $100,001 or more: $100 Form 04-826 Appiication Front (Rev 09/05) Page 1 2006 Gaming Permit Application i'~rganiza[~on Name ,Kenai Convention & visitors Bureau. Inc. GAME TYPE. (Use for compiet~ng ~nformatlon Detow. ,, ~X~ Bingo r~ Raffles r~ Puli-Tabs O Contest of Skill r'"] Canned Salmon classic "'] Deep Freeze Classic LJ Dog Mushers Contest Fish Derbies r'-] Goose Classic [~ Ice Classic r'~ King Salmon Classic [~ Mercury Classic IPerm~t NumDer 72 [~ Race Classic r"-] Rain Classic ~ Salmon Classic -'] Snow Machine Classic r-~. Special Draw Raffle · ~ Animal Classic (Rat Race) Animal Classic (Chicken) Calcutta Pool · Crane Classic ' See Check List ACTIVITIES CONDUCTED BY ORGANIZATION [Facility Name Physical Address Kenai Visitors Center 11471 Kenai Spur Hwy Kenai Game Type(s) Raffle Is Facility [--']Owned [~Leasecl r"'~Donated r-]owned r'-]Leased ['-]Donated r--]Owned [~Leased r--] Donatecl r--]Owned [~Leased r'~Donated MANAGER OF GAMES, As defined in 15 AAC 160.995 and 15 AAC 160.365. (If you have requested self-directed permits for bingo or pull-tabs above, you must al)point a manager and coml)lete the information below.) ers First Name Managers Last Name ;Social Security Number Daytime Telephone Number Home Mailing Address ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached. Name of Vendor Physical Address ACTIVITIES CONDUCTED BY OPERATOR IName of ol3erator Physical Address Game Type(s) Operators Lic. No. ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE IName of MBP Physical Address Game Type(s) MPB Permit No. OIdTown Bin~lo Comer of Cook& Main Kenai Binc~o/Pulltabs 1819 DEDICATION OF NET PROCEEDS. The organization must use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization will use the net proceeds from gaming activities. (Be specific.) ~rornotion 8, marketing of K~nai to increase the tourism industrg to pro¥ido an economic basa. I~ctivitios am operations, staffing, a~v., ~rinting of promotional materials, exhibits and displags for IKonai. Fo[m 04-826 (Roy 0~/05) BacR De~rtrnent of Revenue State of Alaska Ta;,' Division, Gaming Group 2006 Gaming Permit Application ~@ Bo× 110420 AS 05.15,020 Juneau, AK 99811-0420 Telephone 907.465.2320 This form/s also available on the Internet at www. tax.$tate, ak. us/forrns, as/~ OR GANIZATION INFORMATION ~Dloyer Identification Number (EIN) I Perm~t Number · Peninsula Oilers Baseball Club, Inc. !Maihn0 Address PO Box 318 · · organization. Persons may not be licensed as an operator, vendor, or employee of a vendor. ' ;:i~:., Primary Member's First Name Primary Member's Last Name Altemate Member's First Name ) Sharon Hale Karen social securi~ Number Daytime Telephone Number Social Security Number Telephone NumUer 907-283-7133 !Fax NumDer 907-283-3390 E-Mail Aa(tress admin@oilersbasebail.com TY~=E OF ORGANIZATION. (Check one box. For definitions see AS 05.15.690 and 15 AAC 160.995.) ~ Dog Mushers Association [~ Municipality ~ Religious ~E~EducatIOnal r-'~Non Profit Trade Association ~Veterans [~ Fishing Derby Association r"'~Outboard Motor Association ~ IRA/Native Village ORGANIzeD AS X~Comoration E] Partnership r~Association PERSONS IN CHARGE OF GAMES. Persons must be active mem0ers of the'organization, or an employee of the municipality, ancl designated by the 907-262-1507 IAItemate Member's Last Name Kester Daytime Telephone Number 907-283-3937 .. Home Mailing A(~clress PO Box 34_22 city Kenai Has the alternate member taken and passed the test? Permit number uncler which the test was taken: 1402 ,Zip Cocle 99669 X~Yes [~JNo Home Mailing Acldress 140 Henrich city Soldotna Has the Primary member taken and Dassecl the test? Permit number un0er which the test was taken: 1402 THESE QUESTIONS MUST BE ANSWERED. (See instructions.) Yes [~] No Zip Cocle Yes r~ No 99611 ~]Yes [~] No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another junsdiction that is a crime involving theft or dishonesty or a violation of gambling laws? Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.9547 We declare under penalty of unswom falsification, that we have examined this al~plication, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this application or any attachments is punishable by law. ._~...~<~~"'~ ~ . //y .~z~~_~ Sharon L. Hale President or Vice-President's.~r~J~See instructions.) IPrinted Name ~ '--~~~-;~-'7'~ Albert Parra .....~~-- -- IDate '/ ,/ ID&e ~- / I Pa,hit Fee: Check the appropnate box and enclose the correct amount. )! The permit fee is based on 2005 estimated gross receipts. Make Checks Payable to the State of Alaska ," ' ' $0 $20000 $2000 ' ' '--' Two_copies of this application must be sent to ali applicable municipalities I Vallclatlon Number - and boroughs. I See Instructions for mandatory attachments. Front Page Form 04-826 Application (Rev 09/05) 1 ! 2006 Gaming Permit Application I GAME TYPE. (Use ror coml31e[lng reformation Delow.) Bingo ~ Dog Mushers Conies[ ~ Race Classic ~ Amrnal Classic (Chlcl~en) Puli-TaDs ~ Goose Class,c ~ Salmon Class,c ~ Crane Class,c I Cannes Salmon Classic ~ King Salmon Classic ~ Special Draw Raffle - [~ Deep Freeze Classic ~ , Mercury Classic [~ Ammal Classic (Rat Race) ' See Check Lis[ ACTIVITIES CONDUCTED BY ORGANIZATION J~JOwn~a [Leaea Oilers Building 601 S. Main Street Kenai, AK Raffles E~Don~e ~]Ownea ~]Leasea J Dona~ea ~AGER OF ~MES. As aeAnaa in 15 ~C 180.995 aha 15 ~C 180.385. (1I ~u Mave reque~ea selt~ire~ea permits for ~mgo or pull-~s a~ve, you must a~poim a manager anM ~mplem ~e info~ation below.) ~C~VlTIES CO~OUCTEB 8Y VENDOR. (Pull-~Ds are ~e only games a venaor ~n ~nauct.) Venaor Name ot Venaor Ph~i~ Address ACTIVITIES CONDUCTED BY OPERATOR ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE DEDICATION OF NET PROCEEDS. The organ~.auon taus! use the net proceecls from gaming acavities tot political, eaucauonal, civIc, public, cnantable, pamotic or rellgiou~ uses in Alaska, (See statutes ancl regulations for specific roles.) In the space prowaecl, tell how your orgamzation wql use the riel proceeas trom gamIng activities. (Be spec~fm.) summer~ i.co ,ege_ ase a!! league, donations 13ol:h monel:ary and in-kinM to local Little League a'n'd-American ~lpro rams, hi h school scholarships, Love, Inc., ana others. - Form 04-826 (Rev 09/05i Back Department of Revenue State of Alaska Tax Division, Gaming Group 2006 Gaming Permit Application PO Box 110420 AS 05.15.020 Juneau, AK 99811-0420 Telephone 907.465.2320 This form is a/so available on the/nternet at www. tax. state, ak. us/forms, asp ORGANIZATION INFORMATION ~m0er (EIN) ~ 92-0146531 _ 11402 Orgamzat~on's Name __ Oilers Baseball Booster Club, Inc. Mailing Address PO Box 1113 Telephone Number 907-283-7133 Number 907-283-3390 ,.~ .... j~,'--, jz~p coae E-Mail Address E~ Fraternal E~ Police or Fire Department [~Charitable [~]Civic or Service ~ Dog Mushers Association [:::]Educational J-'! Fishing Derby Association ORGANIZED AS [:~Labor [:::]Municipality [:~ Non Profit Trade Association ~Outboard Motor Association [~Political [:::]Religious [~Veterans ~ IRA/Native Village E~]Association · o s must be active members of tl3e organization, or a'"~ e'-'~ployee of the municipality, and designated by th-~-~e ' organization. Persons may not be licensed as an operator, vendor, or employee of a vendor. Primary Member's First Name Primary Members Last Name Members First Name Alternate Member's Last Name Faith Redden Sharon Hale Security Number Daytime Telephone Number ;ecurity Number~ Telephone Number 907-260-7110 ..... 907-262-1507 Home Mailing Address Home Mailing Address 1 104 Leeward Dr 140 Henrich Code Kenai 99611 Soldotna 99669 Has the primary member taken and passed the test? [~Yes E~No Has the alternate member taken and passed the test? [~Yes E~]No Permit number under which the test was taken:__ 1402 Permit number under which the test was taken: 1402 THESE QUESTIONS MUST BE ANSWERED. (See instructions.) ~ Yes i~! No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws? r-] Yes [~! ' No Does any member of management or any person who is responsible for gaming activities have a prohibited conflict of interest as defined by 15 AAC 160.9547 We declare under penalty of unsworn falsification, that we have examined this application, including any attachments, and that to the best of our know/edge and belief, it is true and complete. We understand that any fa/se statement made on this application or any attachments is punishable b M~ D, nature Vice-President's (See )ns.) Printed Name Faith Redden lame Date .= appro e the correct amount. The permit fee is based on 2005 estimated gross receipts. Make Checks Payable to the State of Alaska $0-$20,000 = $20.00 [~ $20,001- $100,000 = $50 ~ $100,001 ormore= $100 and boroughs. - J ................. '"'~' J _ See instructions for mandatory attachments. J I Form 04-826 Application Front (Rev 09~05) Page 1 ' - ....... ' ...... ~ 2006 Gaming Permit Application GAME TYPE. ,~Use for completing information below.) r-] Bingo r~ Raffles r~ Puli-Tabs r"-] Contest of Skill ~'] Canned Salmon Classic ~ Deep Freeze Classic E~ Dog Musher's Contest r'-] Fish Derbies r-] Goose classic E~ Ice Classic E~ King Salmon Classic E~ Mercury Classic r---] Race classic E~ Rain Classic r-'] Salmon Classic E~ Snow Machine Classic r-] Special Draw Raffle * E~ Animal Classic (Rat Race) E~ Animal Classic(Chicken) g~] Calcutta Pool · E~ Crane Classic · See Check List ACTIVITIES CONDUCTED BY ORGANIZATION ame Physical Address Game Type(s) Is Facility [~Ownea Oilers Building-601 S Main -Kenai Pulltabs/Raffles ~]Leasea ]Donated r'-]Ownea r"-] Leased [~]Oonated r"'~Ownea r'-lLeasea r""] Donated [~]Owned MANAGER OF GAMES. As defined in 15 AAC 160.995 and 15 AAC 160.365. (if you have requested self-directed permits for b~ngo or pull-tabs above, you must appoint a manager and complete the information below.) JMa~ager's First Name IM.I. IManager's Last Name . ~Number JDaytime Telephone Numbe~' ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached. Name of Vendor Physical Address ACTIVITIES CONDUCTED BY OPERATOR lName of Operator Physical Address Game Type(s) Operator's Lic. No. ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE IName of MBP Physical Address Game Type(s) MPB Permit No. DEDICATION OF NET PROCEEDS. The organization must use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization wilt use the net proceeds from gaming activities. (Be specific.) o promote athletics, baseball in particular on the Kenai Peninsula and within Alaska, Scholarships Fo~rn 04-826 (Rev 09~05) Back Department of Revenue State of Alaska ~- ...... ' ".'-'~ ...... Tax Division, Gaming Group 2006 Gaming Permit Application PO Box 110420 AS 05.15.020 / '""~'~" -"'-'-" ii,_,.~ / :-Juneau, AK 99811-0420 Telephone 907.465.2320 This fo~ is also available on the Intemet at ~w. tax. state.ak.u~forms, asp i. ~ ~ i' ORGANI~TION INFORMATION / / F~erai Emplo~r Identification Number (EIN) IPe~it Number ~ ~ · ~ ~ . · Date JM~g Addr~ _ '~ IF~x Numar - Ci~ ' js,t~~ ' ~C~~~ZiP Code 'E-Mail Address ~PE OF ORGANI~TION. (C~eck one ~x. For defini~ons s~ AS 05. i5.690 and 15 ' ~, , Q Ohad~ble ~ Fraternal ~ Poll~ or Fire Depa.ment ~ Civic or Se~i~ ~ Labor ~ Polifi~l ~ ~ Mushers ~sociafion ~ Municipality C Religious ~du~fional ~Non Profit Trade Association ~Veterans ~Fishing Derby Association ~Outboard Motor Association ~l~Native Village ~ ,, ORG~~D AS ~ , , J ~Co¢oration ~Pa~nership ~ssociati°n J PERSONS IN CHARGE OF G~ES. Persons must be amive mem~m of the organi~tion, or an employee of the municipally, and designated by the Alternate Member's First Name organization. Persons may not be licensed as an operator, vendor, or employee of a vendor. ~IPdmary Member's First Name IM.I. lPdmary' Member's Last Name JSocia, S cudty Number JD yti ne To, phono Numb. Home Mailing~ Address . Has the primary member taken and passed the test? _ i~es r--]No Social Security Number Home Mailing Address JM.I. JAItem~ate Member's Last Name IDaytime l~lophono NUmber cityA ishatf~. IZip Code ' , as the alternate member taken and passed the test., [~Yes MIND Permit number Under which the test was taken: THESE QUESTIONS MU/ST BE ANSWERED. (See instructions.) r"] Yes L~ No Has any member of management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty [ or a violation of gambling laws? --i Yes No Does member of who is responsible for gaming activities have a prohibited conflict of any management or any person interest as defined by 15 AAC 160.9547 We declare under penalty of unswom falsification, that we have examined this application, including any attachments, and that to the best of our knowledge and belief, it is true and complete. We understand that any false statement made on this appfication or any attachments is punishable by law. Primary or Alternate Member's Si~natur~ · ~resje~nt or Vice-Presid~,nt's Signature (See instructions.) I Printed ]qume JDate Printed Name . IDate .... ,,.,../ - ', _ / Permit Fee: Check the appropriate bOx and enclose the correct amount. " The permit fee is based on 2005 estimated gross receipts. Make Checks P~yable to the state of Alaska I $0-$20,000 = *20.00 r-=] $20,001. $100,000 = $50 ~ $100,001 or more: $100 Two copies of this application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments. Form 04-826 Application Front (Rev 09/05) Page 1 2006 Gaming Permit Application IO'rganization Name /.}., ' ' ~ ~ ' ,G.,AME TYPE. (Use for completing information below.) ~..,J' LJ Bingo Raffles L~ Puli-Tabs r'"l Contest of Skill [~ Canned Salmon Classic r'-] Deep Freeze Classic L.J Dog Musher's Contest r-~ Fish Derbies r-'j Goose Classic F'~ Ice Classic r'~ King Salmon Classic r'~ Mercury Classic Permit Number L_J Race Classic -"i Rain Classic [~ Salmon Classic F-'] Snow Machine Classic r~ Special Draw Raffle · r'~ Animal Classic (Rat Race) ,, E~i Animal Classic (Chicken) r~ calcutta Pool · r~ Crane Classic · See Check List ACTIVITIES CONDUCTED BY ORGANIZATION j F~cility Name Physical Addresses ' _ , Game Type(s) ,, Is Facility r']Owned r'lLea.sed ~D~nated [~Owned r---1 Leased ~-,-~onated r'lOwned ['-1Leased nated [~Owned r'-~Leased r-lDonated MANAGER OF GAMES. As dbflned in 15 AAC 160.995 and 15 AAC 160.365. (If you have requested self-directed permits for bingo or ~ull-tabs above, you must appoint a manager and complete the information below.) Manager's First Name IM.i. IManager's Last Name ISocial Security Number IDaytime Telephone Number Home Mailing Address ICity jState iZip Code Has the Manager of Games taken and passed the test? ~lYes r--lNo Permit number under which the test was taken: ACTIVITIES CONDUCTED BY VENDOR. (Pull-tabs are the only games a vendor can conduct.) Vendor registration and fee must be attached. ,iName, of Vendor Physical Address ^c ,vm s co..uc o :~~~,,~e of Operator PhysiCal Address ACTIVITIE ONDU T BY MULTIPLE-BENEFICIARY PERMITTEE 'N~me of MBP Physical Address " Game Type(s) Operator's Lic. No. Game Type(s) MPB Permit No. DEDICATION OF NET PROCEEDS. The organization must use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization will use the net proceeds from gaming activities. (Be specific.) · . Fo~m 04-828 (Rev Og/05) Back ' Raffle Locatioas- All facilit:ies Do.nated 1. 675 7t.' Avenue Fairbantcs, Al( 99701 2. 3601 C Street Suite 460 Anchorage, AK 99524 3. 10002 Glacier Hwy. Suite 201 Jm~eau, AK 99801 4. 201 Katlian Street, Suite 107 Sitka, AK 99835 5. 11312 Kenai Spur Hwy. Suite 2 Kenai, AK 9[}611. E z z CITY OF KENAI NOTICE OF PUBLIC MEETING AND AVAILABILITY OF ENVIRONMENTAL ASSESSMENT For KENAI MUNICIPAL AIRPORT IMPROVEMENT PROJECTS Pursuant to Section 509(b)(6) of the Airport and Airway Improvement Act of 1982, as amended, notice is hereby given that the City of Kenai intends further development at the Kenai Municipal Airport within the existing boundaries of the Airport. The proposed projects are: 1) Improve runway safety area and reconstruct Runway 1L-19R; 2) Extend the water Runway l W-19W by 1,000 feet north and widen by 100 feet west; 3) Provide access taxiways and roads into gravel Runway 1R-19L lease lots; 4) Widen and extend the Terminal Apron, and 5) Construct airport perimeter/security fencing and emergency access/maintenance road at/near the Airport property boundary. The Federal Aviation Administration, on behalf of the City of Kenai, has prepared an Environmental Assessment of the proposed development and is requesting public input and comments. Copies of the Environmental Assessment are available for public examination during the public review period at the City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska, 99611- 7794, (907 283-8234); the Kenai Community Library, 163 Main Street Loop, Kenai, Alaska 99611 (907-283-4378); Kenai Municipal Airport, 305 N. Willow Street, Suite 200, Kenai, Alaska, (907-283-7951); and Federal Aviation Administration, 222 West 7th Avenue, Anchorage, Alaska, (907-271-5460). A public information meeting open house on the Environmental Assessment will be held on January 5, 2006 between 6 p.m. and 7'30 p.m. at the Kenai Convention and Visitors Bureau, 11471 Kenai Spur Highway, Kenai to hear comments on the proposed development. Persons seeking additional information should contact Jack LaShot, Public Works Manager, at (907 283-8234) or at jlashot~ci.kenai.ak.us. The City would appreciate receiving your comments as soon as possible and by January 13, 2006, at the latest, by regular mail, fax or e-mail to 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 or by fax to 907-283-3014. Publish: 12/21/05 and 01/04/06 B~oard of Directors _ 2005 President Roy Wells- Waddell & Reed Past President Tim Navarre - Zath Inc. (Arby's) Vice President Scott Cunningham- McDonalds Secretary Treasurer Jim Butler - Baldwin & Butler, LLC 2005 Directors cherie Curry - KSRM Radio Group mis Swamer- Kenai Vision Center · Matt Streiff- Edward Jones Anita Necessary Scott Gdffith- XTO Energy AK State Chamber Representative Robert Peterkin, ASRC Janie Odgers, Executive Director Natalia Johnson, Assistant Phone: 283-7989 Fax: 283-7183 "02 Overland, Kenai, Alaska 99611 Email: info~kenaichamber, org www. kenaichamber, org KENAI CHAMBER COMMERCE OF DECEMBER 2005 From the Presidents Desk I want to thank everyone who participated in making Christmas Comes to Kenai a great success. We appreciate the efforts our City of Kenai officials go to help with this event, from the City of Kenai Police barricading roads and directing traffic for the parade, City of Kenai Fire Department coordinating Santa and then putting out the bonfire at the end of the evening, and Mayor Pat Porter officiating the parade. The Kenai Peninsula Racing Lions for organizing the parade and the many volunteers that worked throughout the day. Happy Holidays! Roy Wells, President A Note From the Executive Director At this time of year we kick off the season with Christmas Comes to Kenai. On schedule, Santa arrived aboard the City of Kenai Fire Track, tiny tots all bundled up were anxiously waiting with moms and dads to sit on Santa's lap. Our wee little elves dressed in red and green were all set to help Santa, they directed the tiny tots through the maize, helped them onto Santa's lap and handed out candy canes. Gallons of steaming hot cocoa and hundreds of home- made cookies were handed out by our Santa helpers. Then it was time for the Electric Light Parade, the Victorian Carolers led the parade singing carols; then the horse drawn sleigh with Mayor Pat Por- ter with two of her grandchildren and the Queen of Kenai Emily DeForest, fol- lowed by 20 elaborately decorated lit up floats---it was the best show in town! The Kenai Peninsula Racing Lions lined up the parade entrants and the City of Kenai Police were out in force blocking the streets for the procession to march down Frontage Road: Then the bonfu-e was lit, followed by the lighting of our huge Christmas Tree and the grand fmale~the Fireworks! The sky was ablaze of color, sparkle and noise, a beautiful way to end this most festive day. The following day the Winter Classic Snowmachine Charity Run was on! We had been waiting for snow, Monday night the decision was to wait umil Friday and then make a decision, Friday we awoke to white fluffy snow---so the mn was on. It started at the Fire Training Center and headed for Willow Street stopping along the way at business after business, signing up for door prizes, then up Frontage Road, across Bridge Access and around to the Fire Training Center. It was great fun, I even had the chance to ride as Don Carlson of Stewart Title provided a loaner! Now the calls are coming in from local busi- nesses who want to see it happen again. We wish all of you a wonderful holiday season! Janie Odgers, Executive Director KE'NA~'~!~'I~MBER OF COMMEIICE ~-~.~ DECEMBER WEEKLY CHAMBER LUNCHEON Mark Edwards, Alaska De- 7 partment of Commerce & Economica Development Oil & Gas Forum 14 Paul Jacobson, BP No Luncheon 21 28 No Luncheon WeeMy Luncheons are held at Paradisos Restaurant at noon See Page 4 for Speakers, Information & Topics Our. Mission'statement · PromOte Devel6P~~n~: i ~. Stimulate ~' JOb GrOwth :.i:' ...... :.~ Pr°vide. .... ............ · .. InSti~te Initiativcs..that · ACS STUDENT OF THE MONTH PROGRAM 2005 OCTOBER: Kenai Central High School: Keeley Boyle NOVEMBER' Allison Turkingtton This program proudly sponsored by Dena & Scott Cunningham & McDonalds KENAI CHAMBER OF COMMERCE · . .................. .i~.j:::.::¥?L.:iii:,.': :..;,.:.. · .... ... .: .......:~...: · . ~ .: :.. :....:.-:...:..:...-.:;.. . ...,..,:.:..,..: .~: .:....::.... "' ¢'~°"dr~'b'fislness.. is'~ecke~ ~t° the h~ll~, o~0. ..... · ......: : :.....:'-..-..'.-:..,( .... .......... -.:-..:~.;:':....;:.'":.".......~:...::..?:,..~:::~.?-f?.:..?.:.; ..... U , '.: ..... .:... .. ...-:.;..:.:.. ........... . b~'. a" bea ' t,full~ deco,rateg business-giVe ' ' ': ': '? ":"' "::'" '" · '. ..... " : :~'"';:: ~".'"' ';':"~/:~"-.':. "' :'.'"'-" '~'-:'- ;-: :::5~':"~?~?'~'~::~:?:?.'. :'-~ :"5': · L....'.. us"fi'~'~'~"~a'll .here at'the:''''''Cha m'bar"Cabin 'za 5-7Y a ? .... ........ . ..... :- ': .::::.';.~:?:~::?.::~..;.?:..::; -:...:.. ..... ....~.., .......... ;.c-~..:~;: ........ ,.: .... :.:.,..-.. ..... . ............. . .... ;:~:.;:;'~::;:~;.~:;~..~,:. ::- ":: '"' ' ';" :"::';':'"'~':' :" ' .......... emaxl eo ,nfo~kenaichamber. o o"'r..sen~'~~'::':an ~"'~:' ~:'~', .... '"'""' '"'-' ........ ¥'"'"':'~""" rg.:' ....... ~-' : -;.- . .... ~.... - ... en look ~or the w~nnersl ...... ~: ~' ... '. . - .. ..... -. Our Last Business After Hours was held at Rosita's. Thank you for Joining us! Get the Ideas Flowing Fostering new ideas goes beyond hanging a sug- gestion box on the wail. In fact, says consultant Jim Collison, what employees are likely to drop into such a box are "orange peelings, paper clips, gum wrappers, scribbled com- plaints, and dead mice." Collison, who is also president of Employers of America, based in Mason City, Iowa, explains why good busi- ness ideas are so rarely found in boxes: "That traditional method is part of what l call a closed workplace environment. The box itself is closed. Ideas are submitted anonymously, the review process isn't visible to employees, and even if an idea is implemented, the per- son who suggested it isn't likely to be involved." Make it up close and personal The reason suggestion boxes persist, Collison be- lieves, is that they're easy for managers to deal with. In a tra- ditional workplace, managers want to retain control over nearly all functions and opera- tions, and boxes don't interfere with that control. But it takes a very differ- ent company culture to nurture good ideas effectively-a culture in which managers cede most of their control. Ideas are sub- miffed in person, usually to the suggester's immediate supervi- sor, who can review them on the spot and make a decision. Some of the best ideas have to do with 'what individual employ- ees know best-their own work and their own daily responsibili- ties. As Collison describes it, many employees have a 25- square-foot sphere of influence- the space in which they do their work each day. Knowing this space and the work as well as they do, they are in the best po- sition to suggest changes that will help them perform more ef- ficiently. In a hierarchical and authoritarian work environment, they will do their jobs as they've been instructed to do them and avoid asking "why" or suggest- ing faster or easier methods. That is, they will act according to habit rather than choice. But in an open environment, they are free to offer better ways, have their suggestions ap- proved, and put them into ac- tion. Such small-scope changes are especially impor- tant in manufacturing firms and other businesses that involve lots of repetitious tasks. Colli- son offers a number of exam- ples: · Following an employee's suggestion, a hospital begins distributing printed material in- stead of conducting annual classroom training in safety and health procedures. The goal of training by either method is for employees to complete a post- test accurately, so using printed data saves $24,000 each year with no reduction in quality. · In a business that loads and ships liquid chemicals, a me- chanic suggests adding dry ice to transport hoses, to prevent chemical residues from accu- mulating and hardening. His idea saves his company $250,000 a year in hose clean- ing. · A production-line worker adapts parts of what her pla,. already makes to create a suc- cessful new product. · A printing company staffer invents a machine that reposi- tions magazines coming off the press so they can be ad- dressed in conformance with new U.S. Postal Service re- quirements. Broaden the sphere of influence Let's say your organization has very few repetitive tasks; per- haps your business is market- ing, professional services, soft- warn design, or some other "knowledge" work. In that at- mosphere, it will be more diffi- cult for employees to suggest improvements to affect only their own jobs. How can the ,. rect, fast-feedback approach to new ideas apply to these kinds of operations? Collison feels they are not as different as they might appear to be. First, he suggests, add just one additional step to the process. Hence, the employee with an idea presents it to his or her immediate supervisor. In- stead of voting yay or nay on the spot, the boss helps the staffer put together a small team of representatives from the functions involved in the idea. The team is then empow- ered to conduct further re- search and to decide whether the idea is a go. The sense of directness and speedy feed- back has been maintained. Continued Next Month Wednesday ~mber 7, 2005 Mark Edwards, AK Dept Commerce Mark Edwards, Alaska Department of Commerce and Economic Development Wednesday December 14, 2005 Paul Jacobson, BP Wednesday December 21 or December 28, 2005 No Luncheon Oil Forum Paul Jacobson, BP No Luncheon 2005 New Members for October Alaska Renewable Energy Associates, LLC John C. Parker, GM 908 Highland Avenue, Suite 1 Kenai, Alaska 99611 Phone: 283-3007 Fax: 283-5435 Email: freex2C~tialaska.net Peninsula Smoke Free Partnership Janelle Baalke & Jennifer Olendorff POB 1612 Soldotna, Alaska 99669 Phone/Fax: 260-3682 Emil: tcap~alaska, net Non-profit grant funded organization that supports local and regional to- bacco control programs in order to reduce premature death, disease and dis- ability related to tobacco use and/or exporsure to second hand smoke. AREA is slated to become Alaska's first Independent Power Producer, providing renewaiite ener~:,...- solutions to pu~ti4 Prtvat~nd .... .. corporate consu3:rs.I C( F THE WILD MUSIC DIN Don A. Pierce, Owner 0672 Kenai Spur Hwy, Suite 110 Kenai, Alaska.99611 '"' 283~~7 ........ · ~ ................ Spec~al~z~ng::i~~qs~c!'CDjs, Vinyl LP s, CD!Aud~o?Play~rs::and Acces- .. sdries..Sheeti:iMdSic · . ' ": :;?;i!:i'i~i~iii~i~!~.ii Prowd~ng :a'Clean atmosphere for all patrons. KENAI CHAMBER OF COMMERCE 5ehind The Scenes: Leroy Heinric~ ~' his Brannon Cluis were bust~ shovehno ~M Ch am]~r porc~ l=riclatl Morning, totin/~ pallets in {rom a{~r ~ucl 8ettin8 tl~e eveninO Mn{ire reacltl to hoht. A Bi~ TM~ You to ~. Cit~ o~ IQ,.-, h,. Thank you to Angela Peterkin, Madi- son Gifford, LiSa Strothers & Laurie Bookey & Girl Scout TrOop 623. ' ........ ~.: :i.. ~.~..~ ..' ...~ :~ .~:.~i:;.'~.iii~:i~....il :.:' . "· Natalia Johnson Getting Ready for Santa! KENAI CHAMBER OF COMMERCE KENAI cHAMBER OF COMMERCE ' "":':"Thank You to Everyone Who' ...5~'.'::71:;?.i. partiCipated with an . ::::.::: .:;;/... . ...'-i:5?EI¢ctric Light Parade Float! ....... AlaSka C&C Home Adventures, Aly- eska Tire, Ati~' Equipment, In6~, Car- lilOi!~.Transportafion/Homes Depot, :..." KS..:~ ~!!'Pm"Express;'R&K In- dus~al, i'Snug'.H~Or Seafo0d~.'Kenai ·  ':. ::5;7'.%::5::?/~ .... ":c':';-:i:':!?:~:.?...<?.:':'. .... :":~:"~" ':'""~75"'"~'-~ :;.':5.4 '"'.:.: K~':":~ P~ins~"OUtdoor i21Ub":Kofiai.''' "::'5!i And the Winners Are! Commercial: 1st Place: Snug Harbor Seafoods/ Kenai Watershed Forum 2nd Place: Carlil¢ Transportation/ Home Depot 3rd Place: KSRM Organization: 1 st Place: Kenai Senior Cemer 2nd Place- Kenai Peninsula Outdoor Club 3rd Place: SOAR International Ministries, Inc. Youth: 1st Place: Peninsula Winter Games 2nd Place: Alaska Young Marines 3rd Place: The Boys and Girls Club of the Kenai Peninsula Individual: 1st Place: Samantha Jones Special Thank You to The Kenai Peninsula Racing Lions for organizing the parade: Kirk Nickel, Jeannie Fauser, Dan and Lisa Kouf and Chet $oares; City of Kenai Police Department for barricading the road and directing traffic for the Electric Light Parade! Also Mayor Pat Porter, Emily DeForest the Queen of Kenai, Alaska C&C Horse Adventures, The Victorian Carolers, Merrill $ikorski, Don Duncan and the Unocal Employees. KENAI CHAMBER OF COMMERCE A. Raised $3045. OO for the Salvation ~4rmy /tngel Tree Program 'Organizers: City of Kenai, Police Depart- ment, Fire Department, Parks &Rec; Kenai Chamber of Commerce, Kenai Peninsula Racing Lions, Caribou Hills Cabin Hoppers Route Sponsors: Ron's Rental, Alyeska Sales & Services, Stewart Title, Body, Mind & Spirit, Espresso Barn, Kenair Airport Lodge Major Sponsors: NAPA Auto Parts, Kenai Chysler, XTO Energy, Louie's Back- Door Lounge, A-1 Enterprise Kenai Lions Served the Food donated by Peterkin Distributors, Regal Foods & IG,4 KENAI CHAMBER OF COMMERCE Kenai Performers 2.005/2006 SEASON! Call 776-8308 For Info Victorian Carolers Directed by Crista Cady-Hippchen The Kenai Pefformersi Victorian Carolers will return for their 4th season, bringing holiday harmony to local events and private parties. Hire a CapeHa Quartet for a few songs or a few hours! Discount for bookings before November 3zst. Call Crista at 262-2825. Available Nov. 25- Dec ~-4 Swing the Season! New Year's Dinner and Show! Directed by Charlotte Legg December 9th, 2005 Christmas Tree Lighting Senior Center--Parker Park 6pm Santa arrives Carolers Free Sleigh Rides JDecember 11th Anchorage O AiriForce Band C h n .tm a s':CO n C~ rt S~~~,otn~~ :.~.Hiig h~' '-'t~o::i~i~i~6Sted by Ke'ha~ Chamber ~ith the Kenai Visitors & Cultural Center "Summer's on its Way" 2ob Fair Decem bet 21, 2005 l:30pm--4:00pm If your business is interested in participating please contact 283-1991 ThUrsday, December Already Read Books 506 Atria in Kenai Christmas Art Exhibit Along with Music with Sarah Glaves & Maria Allison 5-7pm VeroniCa's Caf6 Across from the Russian Church · -:?!:i::;:iiin Old Town '· .... "' : . . David Edwards-Smith F/orld Beat MUSic 6:30pm Kenai Visitors. & 'CUltUral Center opening Reception for the Kenai Peninsula Photographers Guild :'5:00pm---7:00pm ....  /nstitut.e for the rforming .~.~.,.~ Grand Opening December srd Performances: 1~/1 Dandelion Wine 19/15 A Christmas Carol For Info: Chris Senness 776-8669 KENAI CHAMBER OF COMMERCE While poor management is cited most frequently as the reason businesses fail, inadequate or ill-timed financing is a close second. Whether you're starting a business or expanding one, sufficient ready capital is essential. Before inquiring about financing, ask yourself the following: Do you need more capital or can you manage existing cash flow more effectively? · How do you define your need? Do you need money to · ~. expand or as a cushion against risk? ~w urgent is your need? You ~an obtain the best terms when you anticipate your needs rather than looking for money under pressure. How great are your risks? All businesses carry risks, and the degree of risk will affect cost and available financing alternatives. In what state of development is the business? Needs are most critical during transitional stages. For what purposes will the capital be used? Any lender will require that capital be requested for very specific needs. What is the state of your indus- try? Depressed, stable, or growth conditions require different ap- proaches to money needs and sources. Businesses that prosper ',ile others are in decline will often ),'ive better funding terms. Is your business seasonal or cyclical? Seasonal needs for financing generally are short term. Loans advanced for cyclical indus- tries such as construction are de- signed to support a business through depressed periods. How strong is your manage- merit team? Management is the most important element as- sessed by money sources. Perhaps most importantly, how does your need for fi- nancing mesh with your business plan7 If you don't have a business plan, write one. Lenders will want to see your plan for the start-up and growth of your business before they f'mance it. There are two general types of financing: equity and debt financ- ing. The more money, or equity, you have invested in your business, the eas- ier it is to attract financing. If your fn'm has a high ratio of equity to debt, you should probably seek debt financ- ing. However, if your company has a high proportion of debt to equity, you should increase your equity before you borrow additional money. That way you won't be over-leveraged to the point ofjeopardiz~g your company's survival. There are many sources for debt financing: banks, savings and loans, commercial finance companies, and the SBA are the most common. Many state and local governments have small busi- ness lending programs. Family mem- bers, friends, and former associates are all potential sources, especially when capital requirements are smaller. Traditionally, banks have been the major source of small business fund- Lng. Their principal role has been as a short-term lender offering demand loans, seasonal lines of credit, and single- purpose loans for machinery and equip- ment. Banks generally have been reluc- tam to offer long-term loans to small firms. The SBA guaranteed lending pro- gram encourages banks and non-bank lenders to make long-term loans to small firms by reducing their risk and leverag- ing the funds they have available. Visit http:/? :,:. ww.sba, gov/financing/index, html for more information on SBA loan pro- grams. Additional equity can be sought from non-professional investors such as friends, relatives, employees, customers, or industry colleagues, although venture capitalists are the most common source. Most specialize in one or a few closely related industries. Most venture capitalists prefer three-to-five-year old companies that have the potential to be- come major regional or national busi- nesses and return higher-than-average profits. You may contact these investors directly, although they typically make their investments through referrals. The SBA licenses Small Business Investment Companies, which make venture capital investments in small businesses. Check the Web site http://www.sba, gov/INV/ forentre.html for more information. Next month we will talk about "Finding Capital". Until then, keep those registers ringing! Sam Dickey is Lead Business Devel' opment Specialist/IRM for. the SBA Anchorage, Alaska District .... sam.dickev@sba.ao9 :" ":" "': ::::!:::~ ?::~ :.i~.. :.:i~:i :'J 907-271'4844--:.'-.: :.::!. :i: i...,ii ... ........ - ...-.4:.:.:': .::..:.;: 5.~[~ iii::.':::::?..' .i: - '. :.: '.. Sun Mon 4 5 6 Ii Tue 18 19 20 25 26 27 ~my Chamber Chamber ch~t~ Closed Closed Fri 9 Soidotna Chamber Tree Lighting 16 23 Chamber Closed 29 30 Chamber Chamber I0 17 24 31 Sat Closed Closed Presorted Standard U. S. Postage Paid Kenai, Alaska 99611 Permit Number 12 Volume 19...--Issue 1 ~. What's Happen~n adllnea 's _-~mi 1{ivrr Gr~ 0 0 0 Friday, December 9, 2005 6:00 pm Soldotna Senior Center · Santa and Mrs. Claus arrive by fire truck then get your picture taken! ($1.00) · Enjoy FREE refreshments · ERjoy Christmas Caroling · Take a FREE Sleigh Ride See the Beautiful Decorations to honor ~1~{/Th~k~ {0 ~P~AT BEA~ FOPd) '~ - Peninsula Sant~a~zon (~ooa Cola- Sweeneg's Hege- Hells Fargo Safe' Kaladz Brothers HcDonald's -Boa~-d o.f Sammie Cole-Presiaent SoutncenTral Title 262-4494 Tim Pope-Past Presiaent F4atron Air 262-8440 Evy Gebhardt-President Elect Peninsula Clarion 283-7551 Trac¥ Prior- Vice PresJaent ,x~aska Premier Realty 252-1665 Lisa Roberts-Sec./Tres. Key Bank: 714-4284 Norm Blakeley ,-uaska Trading & Loan 262-6100 Bill Gilford Ccmmoaore's Guide Serv. 283-7551 Paul Gray ~xoloring Alaska Show 262-9008 Becky Hutchinson Alaska USA FCU 714-4326 Ken Lancaster Lancaster Fnterl~rises 260-6727 Dan Mortenson 4-D Carpet One 262-9181 Marnie Nelson Alaska Legenas Adventure Resort 260-9328 Jim StogsdilI-City Council Seat 262-5622 CHAMBER & VISITOR CENTER STAFF Executive Director- Michelle Glave$ direct0ris01d0tnachamber.¢om Member Services- Erica Williamson erJca~'soid0tnachamber.c0m Project Coordinator- Robyn Sullens robyn@soldotnachamber.com Visitor Center Coordinator- Sylvia Reid info@soldotnachamber.com BRIDGE UPDATE ~.) Completed excavating inside the cofferdam. 2.) Completed removal of the old center pier. 3.) Began driving piling for the new center pier (this should actually be complete before the end of November. but is not completed as of today). 4.) Finished installing the permanent signal at Kobuk. 5.) Installed temporars' lighting along the Sterling Highway on the North end of the bridge (permanent poles, temporar3' power source). What to expect in December: ~.) Continued work on the new center pier. Hopefully, most of the concrete will be poured in December, should see significant changes. 2.) Complete adding lighting to the pedestrian walk~-ay on the temporary bridge. It's time for the Soldotna Chamber's Annual Christmas lights competition! Christ- mas lights are a great way to pro- mote community spirit through the long dark winter months. If you or someone you know has a wonderful li~t display and would like to be considered for an award, call or fax in a nomination to the chamber office. Nominations should include a name and address. First through third place prizes will be given in commercial and residential categories.Homer Electric Association is providing the following prizes for each winner: 1 st place commercial, $1 O0 energy credit; 2nd & 3rd place commercial, $50 ener~ credit. 1 st place residential, $50 energy credit; 2nd & 3rd place residential, $25 energy credit. Deadline for nominations is December 9, 2005 by 5 pm. Winners will be announced Mid-December. For more information call Robyn at the chamber office at 262-9814. Bookkeeper- Carla Pollard carla@soldotnachamber, com RIVER CITY PULLTAB STORE store Manager- Rebecca Hanson Phone 907-260-6100 ~'s ~ .Kiv~r Qry 790 S letting H wy S0ki0tna. Alaska 99669 Ph0ne907462-9814 Fax 907-262-3566 wwwsokiomacham bercom OPEN 7 DAYS A WEEK · MINI STORAGE · PACKAGING STORE · 14 FT. MOVING VAN * Manager & Office On Site · Well Lighted Units · 20-40ft. Container Sales · Perimeter Fence & Electronic Gate With Keypad Coded Access · Video Surveillance · Senior Discounts · File Storage Cabinets · 20 & 40 ft. Connex Containers "' & Off Site · Open Storage for RV's Boats,., Motor Homes 907 262-4771 Mile 19.5 K-Beach Rd. · Soldotna · www.jbstornlokinc.com · Emaih jbstorniok~acsalaska.net Blaine Carver: 8th ?adc sntdcnt Brad Carver: Father Sharon Mook: Principle Soldotna X liddle School Tyler Thorton: 12th grade student Mrs. Thorton: Mother Randy Neff: Principle SkyView High School Rosemary Houglum: l Oth ~-adc student Mrs. Houglum: Mother Todd SD,erson: Principle Soldotna High School AWARDS NOMINATIONS The Soldotna Chamber is looking for outstanding businesses and individual's to recognize at our 47th Annual Awards Recep- tion, scheduled for Friday, February 3, 2006 at the Soldotna Sports Center. If you would like to see a person or business awarded please turn in a nomination to the Soidotna Chamber office by 5:00p.m. January 6, 2006. Nominee's Name: __._ Title: ~ Company's name: _.__ NOMINEE CATEGORY: I"! Person of the Year D Business of the Year [:3 Volunteer of the Year ~ Devoted Service to Young People and Youth Activities I"1 Excellence in Profession E! Pioneer Award. 1"1 Community & Civic Affairs Submitted by: _____ Phone: _ Drop off or mail your nominations to: Soldotna Chamber of Commerce 44790 Sterling Hwy., Soidotna, AK 99669 Fax to: (907) 262-3566, or Email: robyn@soldotnachamber.com J Welcome New Members Soldotna Chamber ~tembers 25 % Discount Soidntna Chamber of Commerce 44790 Rterling ilwg. l~oldutna, JTX 99569 City of Kenai Mayor Pat Porter 210 Fidalgo Ave. Kenai, AK 99611 PRSRT STD U.S. POSTAGE PAID SOLDOTNA, AK PERMIT NO. 5 .b . ADOPTED AUGUST 1972 December 15, 2005 CITY BOX 531, 99929 OF WRANGELl INCORPORATED JUNE 15, 1903 (907) 874-2381 FAX: (907)874-3952 Dear Commissioner of DEC; Attached is a copy of Resolution No. #12-05-1037 from the City of Wrangell, as adopted at their regular city council meeting held on December 13, 2005. This response came after examination of 18 AAC 70.255 Mixing Zones' in-Zone Quality and Size Specifications, as included in our city council packet. Though I applaud DEC's desire to improve protection of rivers, lakes and streams, this positive gain does not have to be at the cost of allowing mixing zones in fish spawning streams. The community of Wrangell urges that you consider the profound effort and expense (both locally, regionally and statewide) that has contributed to successful marketing of this crucial marine resource and not create a public perception in our State, National and International markets that Alaskans have degraded the existing purity of a wild Alaskan "free range" product that competing market producers (fanned fish operations) would seem sure to exploit. Respectfully, Valery l~lkCandless, serving as Mayor CC' US Fish & Wildlife Governor Frank Murkowski Senator Bert Stedman Representative Peggy Wilson Senator Thomas Wagoner Senator Gary Stevens Representative Mike Chenault Representative Paul Seaton City of Kenai Representative Kurt Olson Paul Southland, RainForest Wild Tom Sims, Wrangell F&G Advisory ATA USAG UCIDA. City of Soldotna City & Borough of Juneau AML Southeast Conference, Fisheries Committee Kat Hall US Forest Service Stephen Todd Commissioner ofFish & Game CITY OF WRANGELL, ALASKA RESOLUTION NO. 12-05-1037 ....... , A RESOLUTION OF THE COUNCIL OF THE CITY OF WRANGELL, ALASKA, IN SUPPORT OF PROHIBITING MIXING ZONES IN FRESHWATER AREAS WHERE FISH SPAWN WHEREAS, the City of Wrangell enjoys an economy dependent on our marine environment; and WHEREAS, infrastructure investment has been made in both our Ports, Harbors and Seafood Industry by both the municipality and local citizens; and WHEREAS, local, regional, statewide, national and international marketing depends upon purity of our seafood product. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WRANGELL, ALASKA, that we support protection of Alaskan fisheries as specified in 18 AAC § 70.255. ADOPTED: December 13 ,2005 Valery M~an~lless, Mayor ' ATTEST: Christie L. Jamieson, CitS' Clerk BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 6:00 P.M. KENAI CITY COUNCIL CHAMBERS Appeal of Planning & Zoning Commission Recommendation Related to the Lease Application, Tract B-I, Baron Park No. 1 O; Tract C~ Baron l~ark No. $; a. nd Lot 1, Baron Park No. $/Lounsbu~ and Associates, Inc. on Behalf of Wal. ·dart Stores, Inc... Appeal Filed by Debbie j. MaKay, $$441 Chinook Road~ Kenai, AK (IVikiski) Mayor Porter called the proceedings to order at 6:00 p.m. Roll was confirmed as follows: Board Members Present: Staff Members Present: A quorum was present. P. Porter, J. Moore, L. Swarner, R. Ross, M. Boyle, R. Molloy, C. Massie City Clerk C. Freas, Acting City Manager C. Kopp, City Attorney C. Graves, City Planner M. Kebschull, Building Official B. Springer Porter reviewed the instructions on how the appeal would be conducted. Verbatim begins' Porter: We will go ahead and open this process for public hearing. I would like to have you all come, those who would like to testify, to come forward state your name and address for the record and our clerk will swear you in Since this is a Board of Appeal. If you would like to do that we sit here we can ask questions if we chose to or we can just listen. You will be limited to three minutes to make a presentation. So, at this time if there is anyone from the general public who would like to come forward and testify, please feel free to do that. Please come forward. You want to stand there and the City Clerk will be happy to swear you in and be sure to write your name and address on the paper. Clerk: Please stand and raise your hand. Do you solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Houtz: My opinion is truth to me. Is that what you mean? This is my opinion. I'm not, I don't have any ..... Porter: Basically what you are doing is telling the truth as you see it. Houtz: Thank you. BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 2 of 1 ? Porter: You're welcome. Houtz: Yes. Porter: Then would you like to state your name please so that we have it. Houtz: It's here and my name is Janice Houtz. Porter: OK. Thank you, Janice. Houtz: I live at 700 Maple Drive here in Kenai and have for about 30 years. Porter: OK Houtz: clock? It's my opinion ....are you going to start the clock now? Who has the Porter: Yes we are. Graves: I do. I~l start now. Porter: Use the timer. Houtz: It's my opinion that Wal-Mart will be good for our community. If you are worried about the influx of foreign goods if you look in the back of your clothing it is very hard to find anything made in the United States these days. I'm not saying that is good or bad. I'm just saying I looked through.my closet, I found one garment that was made in the United States. Like I said who's sewing in America, I don't know but I know other people are sewing and I believe that we already have an influx of foreign goods. Will it be good for the community? Yes. dust like Fred Meyer was good for the community, I don't believe, I don't know if they have a union, I don't know what goes on with Fred Meyer, but I do know that there are Iow paying jobs there and people are taking those jobs and people are in that parking lot and I think it will be good for the community. I think for the community of Kenai. I think other people from other communities will come down here and when the Winnebagos and the other recreational vehicles come, I think they will come and shop here. I think it will be good for the economy. I think it will give a shot in the rear for the economy which I think we need. I think it will provide a place for homemakers to go and buy goods that they need in their homes. I think people will have jobs and I think it is going to be good for the community and I'm for it. Do I have any more time? Graves: A minute, thirty seconds. Houtz: And also when I go, when I go to Anchorage, the first place I go is the Dimond Mall. I stay in the Dimond Center Hotel. I shop at Wal-Mart and then I shop over at the Dimond Center. I don't buy anything big but little things that I need in my BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 3 of 17 household, that's where I shop and that's what, you know, when I get to go to Anchorage that's what I do. When K-mart was here, I shopped at K-mart. Were all the ..... was everything from the United States there? No, but go to Fred Meyer, is everything made in the United States at Fred Meyer? Is everything made in the United States at the new hardware store over in Soldotna? No. Does it provide, does Fred Meyer supply a place for people to buy things that they want? Yes. It might as well be in Kenai. Thank you. Porter: Thank you very much. Is there anyone else in the general public who would like to testify? Please come forward. Would you please stand? That's OK. We are not used to doing this so it's OK. Go ahead. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? North: Yes. Porter: Thank you. Be sure and state your name for us. North' OK. My name is Phil North and I was asked by Debbie McKay to come and talk about permitting, the Federal permitting requirements and I have expertise in that area because, as most of you know, I work for the Environmental Protection Agency. I work under the Clean Water Act so that's what I will talk about. There are basically two permits that will be required under the Clean Water Act that Wal-Mart will have to get. The first one is actually under Section 404 of the Clean Water Act and it will be from the Army COrps of Engineers. The second one would be under Section 402 of the Clean Water Act and it would be from the Environmental Protection Agency and that one is a storm water permit. That's mainly...actually there will be one required during construction and, I believe, there's one...I thought about this on the way over, I did, n't think about it while I was at work today so I couldn't clarify it but I think there s also one required for ...just for big facilities like that that have very large parking lots because they generate a lot of storm water mn-off. Those are pretty self explanatory. The intention is to control storm water mn-off so that when it is discharged to the nearest water body it is clean. Just so you know, there's .... well actually, I was going to say, there is virtually no enforcement of that, but that's not true, we now have an inspector in Alaska. So, there is now some enforcement of that. The other one that Section 404 permit from Corps, the kinds of things, I know about that just because the EPA is a partner with the Corps and not necessarily issuing the permit but in reviewing it and establishing the criteria under which the permit will be issued. The kinds of things that we will look for in that permit are ...we~l look at how that piece of land, in particular, the trigger for that is the wetlands on the property. There's about eight acres of wetlands on that property, that's just as estimate, and BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 4 of 17 they~l, we~l look at how they are functioning, what are they doing, what are they doing in the landscape and it's things like keeping water up on the landscape to prevent flooding when ...during snowmelt, during rain fall, the water goes into the wetland and it takes a long time for it to move through the wetland and down into the creek. There's housing, there's industrial areas downstream of that site that if the water ran off more quickly than it does now it would subject those or make any kind of flooding that would happen in that area, it would exacerbate that. So, we would look for...we would be looking for Wal-Mart to propose ways to ensure that the water stayed up on the site in a similar pattern that it does now and similar time frame, not necessarily a spatial pattern, but at least a time frame. We would also be looking at ..... Timer rings North: Do you want me to stop? Porter: Actually, Mr. North, I hate to have you do that, but yes I'm going to hold everyone to three minutes. North: OK. Porter: But you are available to questions if....there we go. North: Yeah, OK. Porter: Board Member Massie, would you ask a question please? Massie' Well, I don't really have a question, but I would like to have him continue. I'm finding this quite interesting myself. If you could give him another two or three minutes. Unknown Member: I would agree. Porter: Council, concur? That's how you get your extra minutes. Swarnerl Madam Mayor. Porter: Yes. Swarner: North. I have a question before he starts. I don't recall getting your address Mr. North' Oh. OK, I'm sorry. It's 3810 Wildrose. I was actually asked to come to talk about permitting so I'm really here in my official capacity for EPA. So that would be 514 Funny River Road, Soldotna. At the Kenai River Center. BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Pa§e $ of 17 The other kinds of things that we would be looking for ... that.., those., the wetlands and the general landscape around the wetlands function, the way they function is...would be habitat for wildlife. In that area, certainly moose, I'm sure there's moose in that area and probably the wetlands in particular, i haven't been out there in the summer to see what the vegetation is, but my guess is that 'there is plenty of moose forage in that wetland. I'm sure that will certainly be eliminated completely because its just completely different nature of the site once it is developed. The other one would be... the other two categories of animals would be probably birds, mostly song birds, would be the kinds of things that would be nesting in the trees and in the shrubs. Not sure if there are any ground nesters in that area or not. So that would be a loss of how many acres the development would occupy of that kind of habitat. Then, probably, there's lots of small fur bearers in that area and would we're mainly probably talking about rodents, weasels, things like that. And so, we would be talking to Wal-Mart about mitigating those losses so that ...just try to minimize those losses. For the water issues, both the water quantity, moving down stream and exacerbating flooding as well as the water quality issues there are ways that that can be done on site. They are practiced commonly throughout the country and that just has to do with having settling areas, ponds, swales, it's best, I think, Fred Meyer's had one where they just ran it off into one single pond. That didn't really work very well. The water quality coming out of that pond going into Soldotna Creek is not very good. Especially during the spring when you have a lot dirty water running off the parking lots that pond just doesn't do it because, primarily, just because it's mostly frozen still. So, I saw the plans, the same sort of idea is proposed here. I'm sure that that pond is engineered to handle certain storm level but as we were discussing before the meeting probably in the springtime it won't work very well. So a'lot of dirty water will go into that little creek. Which if you don't lmow is a small salmon stream. It's got Coho salmon move up into that stream from the river to rear. So the way that I will propose in meetings with Wal-Mart and with the Corps of Engineers is that they incorporate swales and distribute small retention ponds that would just be, that would probably only be wet during heavy storm .... heavy rain storms and when there is a lot of snow melt. The rest of time the water would just percolate down into the ground and resume its normal pattern of movement, downhill and into the creek. But to distribute those throughout the area, throughout the parking lot area and throughout the site so that you are not accumulating that water in any one place and you are dealing with it in small packages. Water is easiest to deal with in small packages. When you accumulate it into big packages that's when you end up having problems. The wildlife they could deal with, some of the bird habitat issues with landscaping if they are wil!~ng to landscape abundantly they could probably provide some, at least, tree nesting habitat. The kind of dense forest will be gone so the species that use that dense forest...it won't be available for them. We'll probably ask them to do some mitigation off site for that. Of course, it won't be a very good habitat for wildlife, so the moose and the small fur-bearers will just be out of luck on site and again we'll BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 6 of 17 probably be asking them to look elsewhere to mitigate those kinds of things. So, that's generally going to give a brief description of the kinds of things we~l be looking at in those permits. Are there .... ? Porter: Ross. Are there other questions from Council? Excuse me, Board Member Ross: Phil, the plan you referred to that is in front of us, is a conceptual site plan that's the basis of Appeal. We've dealt with you at the City many years in EPA. Prior to approval of a lease application, you really don't become involved, because it is only conceptual site plan. Isn't that correct? North' I don't become involved until Wal-Mart actually comes to either EPA or the Corps and says let's start talking about this. ROSSi But, our working relationship in the past has been on site plans as they North: That may be true. I mean, I guess it doesn't matter to me. I~l engage in the discussion anytime you want to. Ross: I guess what I'm getting at, is the testimony before the Planning and Zoning Commission and the testimony before the Kenai City Council was that this is a conceptual site plan required by the lease application but in fact the f'mal site plan is after the lease when in fact the state, federal and other permitting agencies are involved in site plan development. Historically that's when you have become involved. North: OK. Yeah, I'm ...if you are wondering why I'm here at this point, it's just because I was asked to come and give an overview of the federal permitting requirements. Ross: OK. I'm just getting at the basis of Appeal was the fact that we don't have a final site plan yet. North: Uh-uh. OK Ross: Thank you. Porter: Molloy. Thank you. Any other questions of Mr. North? Yes? Board Member Molloy' Thank you, Mayor Porter. I was just wondering generally if you ball park what the time 1/ne is for the permitting process you described or is that possible? North: Oh boy. It's it, it, it actually depends on how quickly the applicant comes to, say, the Corps and requests a coordination. If they come early and we start BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 7 of 17 talking about early, the time probably will be greatly shortened. But it probably won't be any less than, I don't know, it could be as little as say three months, my guess is that it will probably be more like six months to a year. Again, I am ball parking it. Molloy: Thank you. Porter: Thank you. Any other questions of Mr. North? Thank you. Is there anyone in the general public that would like to testify? Please come forward. State your name and address for the record and our City Clerk will be happy to swear you in. Ruffner: Porter: Ruffner: My name is Robert Ruffner and I'm also asked by Ms. McKay to Excuse me, Mr. Ruffner. Would you mind swearing in to testify please? Do you want my name and address first? Porter: Ruffner: Oh, sorry. You need to write on that paper fight there. But you also want me to say it, correct? Porter: Yes, correct. Ruffner: As I was saying, I Was asked by Ms McKay as the Executive Director of the Kenai Watershed Forum whose address is 44539 Sterling Highway in Soldotna. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under para and penalty of perjury? Ruffner: I do. I also have one small handout. Porter: Thank you. Ruffner: I purposely chose to go directly after Mr. North, because I can make mine very short after that. I was asked by the person who filed the appeal to talk about the values and also the permitting and so permitting I think you've probably heard as good a review as you possibly could hear at this point. The second thing, I guess, that I can follow up on is the value of what's there now and what thosee functions are providing and so I'm, I know that all of the members of the Council are very familiar with the site and have seen site plans. The two things that I have tried 'to add there are the delineation, the preliminary delineation of wetlands as they exist now before any official jurisdictional determination has been made, and also the location of the salmon stream that has been mapped by the Department of Fish and Game where they have documented where fish are. BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 8 of 17 So the two things that I guess I'd like to echo the concerns from our organization are probably first and foremost is the storm water and that we maintain the quality of water in a stream that we know has juvenile salmon living in it. That's an important value, I think, to our community and it will be a challenge to do that in this case. I don't think, it's not a challenge that can't be overcome, but I think it is important for people at the point of deciding on leases and making decisions that they know that those are values that are important to our Community and go into this with a full understanding of that. So beyond water quality, the wetlands that are there do provide another value or function, if you will, to that same stream in that they moderate the amount of water that flows into the stream and the time that it flows into the stream. What I mean by this is that if you consider it rained an inch fight now and that water fell out there the water would soak into the ground and would slowly filter its way through that wetland and make it into the streams. As opposed to, if we cover it all with an impervious surface i.e. a parking lot and a rooftop the same amount of water could potentially end up in the stream very quickly over a short duration of time and there would be no water past that. So that, you know, there would be a lesser amount of water than would naturally be occurring. There are ways to mitigate those things and some of the suggestions that Mr. North put forth about swales and IYe had good conversations with the site engineer who has drawn the sketch that you have before you about how that might be done. It may require some additional drainage easements off the side and may need to deal with the fire facility. Timer rings. Porter: Council? Pleasure Council? Ruffner: I think I got it in in my three minutes. I think, you heard it all from Mr. North, and I mean, my echoes are just along the value lines of what those functions are that are actually occurring out there right now. Porter: Thank you. Are there any questions of Mr. Ruffner? Yes, Council, Board Member, I keep wanting to say Council Member. Board Member Boyle go ahead. Boyle: What legal protection do these, does this steam have in this area? Are there laws that affect what can be done? Or what can be put into a stream? Ruffner: With respect to water quality, which is probably my primary concern, there are laws that are in place that are enforced by the Alaska Department of Environmental Conservation. However, those ...the staff person that would be in charge of reviewing that is in Anchorage and there are streams in the City of Kenai that do not meet water quality standards and not taken care of. So the practicality of the enforcement, of expecting the state to do that is, is very dubious at best. Much like we see the responsibility of roads and highways and maintenance being BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 9 of 17 placed.., taken from the state being responsible for doing that and passing those responsibilities on to local governments be that Borough or City governments the same thing could be expected of environmental protection. So in order to take of these functions there's going to be an increasing responsibility placed on the local governments to do that. Porter: Any other questions of Mr. Ruffner? Board Member Ross. Ross: Just~,~e_fl~_tt}~_c~omm,en, t.s you. were making were referring to a essentially a final o,,~ p~m~ mar wouia nave to ~)e approved once the developer went forward to the agencies? Ruffner: Correct Ross: OK. Thank you. Porter: Any other comments? Questions? Thank you very much for coming. Is there anyone ~lse from the general public who would like to testify? Is there anyone else? Would you please state your name and address and stand for the clerk to swear you in? Buffer: Yes, I will. Porter: Thank you. Buffer' My name is Jim Buffer. My address is 125 N. Willow Street, Kenai. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Buffer: I do. Madam Chairmen and members of the Board. I'm not here to testify about many of the things I'd like to talk about, the economic issues, local, regional, global issues that have been surrounding this particular project nor the specifics of the design and engineering. I appreciated the comments from the previous two speakers educating us a little bit about some of the issues that will be important when the actual site development is prepared. I share an interest in these issues but as a long time resident, I think it is important that we focus on the matters before the Commission and this body tonight. I have three points I'd like to raise briefly for you. First is, in general I'm speaking in opposition of the appeal based on fairly quick review of the ordinances. It appears that the appeal is based on a criteria that's not required in the ordinances that I was able to f'md. As I understood it, the lease application was fried with the Planning and Zoning Commission and that the Planning and Zoning Commission has two requirements, to evaluate whether it meets a specific clear language of the code and BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 10 of 17 whether it meets the comprehensive plan. It is a fairly straight forward determination and I think the Commission made that decision responsibly because anybody can look at the language it is pretty clear cut. It's not a subjective analysis. I think the Commission did a good job by providing public comment. I appreciated their effort to try to get public comment in the record but I think the ordinance is fairly clear on what the criteria is and I think on that basis the appeal doesn't...shouldn't carry forward. I think the other issue, that I noticed with' the appeal, it's appealing part of the ordinance that wasn't before the Planning and Zoning Commission. I think, the testimony that we heard earlier, I think frankly that the concerns raised by the appellant are very important concerns. They are very legitimate. Anybody here who is attempting to raise a family in our area or enjoy the quality of life, I think we will all agree that the importance water quality and habitat is an important one, but that's simply isn't the standard the Planning and Zoning was required to look at. It is part of the building permitting process and should the Commission move forward, or the Board, move forward and allow this to move forward for the leasing process, I think some of these issues should be more effectively addressed with the experts many of whom are here tonight and maybe can help our community with this important decision. Finally, an area of the ordinance that I think also is quite problematic is the vagueries of the area of the appeal relating to standing. If you look at the ordinance, the standing is drafted so broadly anybody, anywhere, for any reason can appeal any decision of the Commission related to this project. I'm a strong fan of appealing, petitioning your government for a lot of different issues, but I think that vaguery cuts both ways to the extent that anybody can come in and block a project at the wrong time or inappropriately it also grants unfair power to the Council or to the Commission and perhaps prevents somebody from being able to move forward. So I would hope you would look clearly at your standing and consider specific objective criteria such as distance to the project, whether the party is directly subject to the decision, citation requirements for citations and references to the specific actions being appealed. I think the Planning and Zoning Commission followed the Code. I think the issue that has been presented while it has interesting points, is not directly related to the issues that were before the Commission and I'd like to strongly encourage, if not your body as a Board, but your Council to look carefully at the standing issue because I think everybody deserves a right to have a clear understanding of what it takes to come before you. Thank you. Porter: Thank you, Mr. Buffer. Are there any questions of Mr. Buffer? Thank you. Is there anyone else in the general public that would like to testify? Please come forward. Write your name down there. Then state your name and then stand to be sworn in. BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 11 ofl7 Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Porter: Would you please state your name before you testify? Rasch: Yes. My name is Heather Rasch and I live on 48840 Knutsen St. in the K-Beach area. Yes, I am testifying because I have been, been very concerned about Wal-Mart being built in our community and part of the concern is based on the environmental record of Wal-Mart in other areas. They've had to pay penalties for storm water violations in other states such as Connecticut and other northeastern states and theyYe had Clean Water Act violations and my research has indicated that Wal-Mart has been worse than other corporations on the environment, on environmental issues and by being, know you, as a resident here, I enjoy dipnetting with my family in the Kenai River and I believe that the Council, City Council, needs to look closely at the environmental issues that these people have put forward and that this should be taken very seriously because Wal-Mart does not have a good environmental record in other communities and in Kenai, Alaska, you know, the fiver is the salmon, and the fiver is one of our, is one of our biggest appeals for tourism and for the subsistence here. Thank you. Porter: Are there any questions for Miss Rasch? Thank you very much for coming to testify. Is there anybody else from the general public who would like to testify? Eldridge: Barry Eldridge of 2679 Bowpicker Lane in Kenai. Clerk: Do you' solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Buffer: I do. I wasn't able to be at the Planning and Zoning Commission meeting that voted on this particular recommendation to send the lease to Council for approval.. Had I been there, as a Commissioner, I would have joined the rest of them giving unanimous consent because the issues before us are really where the issue of are we, is the City of Kenai, zoned for this particular retail use? Does our comprehensive plan provide for this particular use on these properties that want to be leased? And thirdly is the new master plan for the airport, since it also airport lands, is that appropriate use, according to the new master plan, which is coming out, or being approved now, I guess, in the process. And it does comply with all of those official documents. And so the decision of the Planning and Zoning Commission as far as I'm concerned, left, since it met all of the standards for the ordinance and zoning that we have, left really no basis for appeal. I hear a lot of good information coming forward, but I think all of that information is very appropriately addressed after the lease or as the lease is BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 12 of 17 being drawn up to make sure that they have their proper permits in place that they take the necessary steps to make assure the mn-off is not a problem and that the Clean Water Act is met. So I'm not sure the basis for the, this Board being here. I think what needs to happen is during the appeal process, during the lease process that some of these items be taken into consideration. As far as having another big box, we lost a big box store when K-mart left, this is doing nothing but replacing the same entities that the City of Kenai lost when K-mart decided to close their Alaska stores. So I don't see that as being an impact one way or the other, except a positive impact for the community of Kenai. Porter: Thank you. Any questions of Mr. Eldridge? Board Member Ross. Ross: Mr. Eldridge, you referred to the new master plan which has quite a few steps to go through to be approved, so really it's not a controlling document. Eldridge' Right. Ross: At this point. Under the master plan that we are presently working on with the airport. Is it in compliance with that? To the best of your knowledge? Eldridge: To the best of my knowledge, it is. I think the new master plan recommends that it be kept as a lease property rather than a sold property. Ross' That's what I'm referring to. The new master plan has had a lot of public testimony and some against that. That the Commission has not dealt with, so to refer to the new master plan which has not been adopted by either the Commission or the Council may confuse the issue. The master plan that we are actually under... Eldridge: The property is available for lease or sale. Under the existing plan. Ross: Thank you. Porter: Thank you very much. Any other questions? Thank you for testifying. Is there anyone else in the general public who like to come forward and testify? Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? McKay: I do. My name is Debbie McKay. I live at 55441 Chinook Road in Nikiski. You Ye heard from specialists in both fields of the wetland habitat and the permit regulating and the laws pertaining to them. I know that the one gentleman said that this appeal didn't really pertain, the ordinances that were in the City code that I based my appeal on, I did fred on-line under the Planning and Zoning Commission, so it would appear in the City code that it does pertain, but I could be wrong. It appears, as I look on-line in the City code that the application filed on behalf BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 13 of 17 of Wal-Mart is in violation of the two ordinances, and I would just like to ask the Board of Adjustment and the City of Kenai to ensure that the Wal-Mart Corporation complies with the law in their endeavor to set a precedence here in Kenai. And I thank you. Porter: Thank you. Excuse me. Are there questions of Ms. McKay? Thank you very much. Boyle: Could you be a little more specific on these codes? McKay: Did you get a copy? I gave a copy with my appeal. Porter: appeal. Board Member Boyle, in your packet you should have a copy of her whole Boyle: I thought maybe you might want to speak to those. But, I did read it. Porter: Board Member Ross. ROSS: Could I address questions to the City Attorney? Porter: Yes. Ross: Mr. Graves, the sections that are cited in the appeal, in my understanding, it's commonly known as under the landscape ordinance. Graves: That's correct. ROSS: And who is the enforcement official for the landscape ordinance? Graves The landscape ordinance is the application and landscape site land goes to the administrative official which is the Planning and Zoning administration and they process that. It is a plan that has to be submitted prior to construction, and prior to land clearing, or tree clearing on the property. It is usually taken.., the landscape site plan is usually done later on in the process, it is only required to be done before those steps are taken. It does not normally, under the current code, go before the Planning and Zoning Commission. It goes to administrative officials in the Planning and Zoning administration. Porter: Board Member Ross Ross' So, what IYe heard you say, this does not go back to the Planning and Zoning Commission for enactment of this ordinance, it is prior to the issuance of the building permit. Is that correct? The compliance with this portion of the landscape ordinance, is an administrative function. BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 14 of 17 Graves' Yes, the compliance the landscape ordinance is not considered by the Planning and Zoning Commission. Porter' Thank you. questions answered? Any other questions? Board Member Boyle, did you get your E~o~le: Thank you, yes. Porter- Any other questions? Is there anyone else in the general public who would like to come forward and testify? Anyone else in the general public? Last time. Yes, please come forward and testify. By now everyone knows how to do this. Your name? Wells: Kenai. I~l say it for the mike. Roy Wells and I live at 410 Lawton Drive here in Clerk: Do you solemnly swear or affwm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Wells: I do. I would like to go on record to say in my opinion, the Zoning Commission was accurate in their approval of the application for building the store here in Kenai. I know we have had some expert testimony and I happen to deal with permits all my life. I would say one thing, in regarding to habitat there are .... animals do adjust, if there is a tree cut down, or whatever, there aren't any lack of trees, or habitat for rodents and birds, whatever in our area, so to say that is something that would adversely affect our animals I would bring exception to that, and I think our experts probably would too, but there are some other criteria that when you are trying to stop a project you can cite a lot of things. I also believe that it is, this project is good for the community. I uphold my constituencies with the Chamber of Commerce and around overwhelming we do 'have support of the project. The public supports it, the public is on board with the Zoning Commission and their decision and I think it will be a healthy dialogue with the plans for the area. I think no one wants to see our community digress, I think we want to move positively. We have an excellent opportunity to help in that process with a store but also fill a valid and very critical need in our area to have retail. It is up to us to be involved. I don't have any problem with anyone having, you know, a say...opposition ...I would rather for those folks who live in the confines of the City if they are going to impact me personally but it is an area. Eve~one has a free right to express their opinion. I do believe the Zoning Commission was accurate in their interpretation of what they were tasked to do and also believe that this project is in the best interests of our town and I would love to see it move forward with minimal opposition. And on the other hand with environmental laws and stuff and things like that... Wal-Mart is expected to BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 15of17 be a good citizen, a good citizen does abide by the laws that are set forth. That is my expectation. I wouldn't expect them to do any less than that. I believe that they can abide by the laws, get the permits and actually have a project that we all will find value in. Timer tings. Porter: Thank you Mr. Wells. Any questions of Mr. Wells? Thank you. Thanks for testifying. Is there anyone else in the general pubhc who would like to testify? Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board to be the truth, the whole truth, and nothing but the truth, under para and penalty of perjury? Sievert: Yes, I do. My name is Laura Sievert and I live at 3329 Beaver Loop in Kenai. I understand that Planning and Zoning and probably the Board of Adjustment as well has no choice but to grant the application for a lease going by the letter of the law however I would just like to urge the City as it goes forward with this project to take into the account the cost to the City of Kenai, including some of the costs that has been testified about here tonight as far as damage to the wetlands and potential damage to the salmon stream there, the influence on the area that is zoned conservation that is directly adjacent to this site. Also the Costs associated with new traffic patterns, traffic signals and roads that are going to have to be built and landscaping that is going to be needed to visually enhance the City's appearance as stated in the City code that also reduces erosion and storm run off. As well as these immediate concerns, I also would urge the Council to be thinking down the road to potential costs that maybe aren't as apparent fight now. For example, if Wal-Mart decides the City as small as Kenai Can't support a supercenter, what would happen if Wal-Mart pulled out? What might happen to businesses around town that currently occupy buildings that might be left vacant in the future and also I'm concerned about some of the area around the site that is zoned residential what will happen to the that area after the land is paving over and there are traffic patterns changed? We've been seeing some problems with this along Spur Highway since it was widen, making it a lot 'less desirable place to live and then people having trouble with the rural residential zoning there, which doesn't allow businesses. I would just request that as this process goes ahead, which I believe will that the Council keep some of these issues in mind and to allow the public to continue having input in these areas. Thank you. Porter: Thank you. Are there any questions of Ms. Siervert? Thank you very much for coming to testify. Is there anyone else in the general public who would like to testify at this time? Is there anyone else in the general public who would like to testify at this time? Seeing none, this hearing is closed. BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Pa§e 16of17 At this time, I would like to let everyone know, I would like to thank you for attending and thank you for testifying and I'd like t° remind you that the Board of Adjustment has thirty days in which to reach it's decision. Copies of the decision will be made available on the City website and forwarded to anyone who gave testimony as well as Ms. McKay. So, at this time, Board Member Moore. Moore: Thank you Chairman Porter. I would move that this Board convene in an executive session for deliberations and would ask for unanimous consent. Porter: Is there a second? Ross: Second ' Porter: Is has been moved and seconded unanimous consent has been requested that we move into an executive session for a decision. Seeing no objections, we are adjourned into that. Thank you. End of verbatim. The Board of Adjustment adjourned into Executive Session at 6'47 p.m. The Board of Adjustment reconvened at 7:40 p.m. Verbatim Porter: I'd like to call the meeting back to order. report on our deliberations. Member Ross, would like to Ross' Madam Mayor, Board of Adjustment, the Board of Adjustment after deliberations voted to deny the appeal and uphold the P & Z rulings, written decision will follow. The landscape issues that were appealed are not part of what P & Z was charged with deciding. The P & Z issues they were charged with deciding were properly decided. The site plan issues raised by Mrs. McKay are recognized as very important, but will be dealt with later in the process. The Board also found that Mrs McKay is not aggrieved party under our code with the right to appeal the Planning and Zoning issues raised. Porter: Would you please state how the vote was .... ROSSi I think we have to take the vote publicly. Porter: Fine, take the vote publicly? Clerk: Do you need to have a motion, or anything like that with it? Graves' Unintelligible BOARD OF ADJUSTMENT HEARING DECEMBER 6, 2005 Page 17 of 17 Tape change. (Clerk was requested to take a roll call vote) VOTE: Moore ~ ~r Ross ~ Yes Porter 1 ~e~es ~ Yes Yes Porter: Thank you. The meeting is adjourned. The meeting was adjourned at 8'44 p.m. Yes Yes See you all tomorrow evening. Verbatim prepared by: Karl Mohn, Department Assistant City Clerk's Office 0 r~ 0 iii m ~ ~ 0 ~ _ AGENDA 4 '~ ~------~ENAI CITY COUNCIL- REGULAR MEETING ~~..~.~ DECEMBER 21, 2005 .-- ' -~"" 7:00 P.M. ~,---~'~y KENAI CITY COUNCIL CH AMBERS ~u.~t~s~ http://www.ci.kenai.ak, us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Kyle Coleman, KCHS Hockey Team -- Presentation to Kenai Fire Department. ITEM E: PUBLIC HEARINGS 1. Ordinance No. 2135-2005 -- Increasing Estimated Revenues and Appropriations by $6,100 in the General Fund for a Donation to the Peninsula Art Guild for Building Repairs. 2. Ordinance No. 2136-2005 -- Authorizing the Sale of Four (4) Parcels of Land to The Conservation Fund for Fair Market Value and Placing Certain Conditions on the Sale. 3. Resolution No. 2005-55 -- Approving the Kenai Municipal Airport Supplemental Planning Assessment Phase 2 Report and the Implementation Plan. 4. *Liquor License Renewal -- Kenai Country Liquor/Package Store. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified' 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2137-2005-- Increasing Estimated Revenues and Appropriations by $20,000 in the Library Improvement Capital Project Fund for Building Design. 4. Approval -- Assignment of Lease, Polar Equipment/Tract C, Kenai Tidelands Survey No. 2 -- Polar Equipment, Inc. d/b/a Cook Inlet Processing to Ocean Beauty Seafoods, Inc. 5. Approval -- Termination of Leases, Baxter Snider and Kenai Aviation Services, Inc./Lot 1, Block 3 and Lot 2, Block 1, General Aviation Apron. 6. Approval -- Lease Application -- Ronald J. Johnson, d/b/a Kenai Mini Storage & Rentals, Inc./Lot 3, Block 5, Cook Inlet Industrial Air Park. 7. Discussion-- Branding Project. 8. Discussion --"Exploring Kenai" Program. 9. Discussion -- Proposed Angler Drive L.I.D. -- Report of City Manager to Council. 10. Discussion -- Frontier Community Services Design Proposal. 11. Discussion -- Dena'ina Point Estates, St. Augustine Addition. 12. Discussion -- Schedule Work Session with Alaska Department of Transportation/Main Street Loop Intersection Improvements. EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional .information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://www.ci.kenai.ak.us. Carol L. Freas, City Clerk D686/211 MAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCT. L MEET~N6 bATE: Moyo~/Council Attorney / Ta¥1o~/$p~in~er/Kebschull Clerk .,/ City Mana~e~ /' Public Police Deportment ~~ Finance / ~ En~inee~ ~ / Klm Senio~ Cente~ Airport Libror~ / Porks & Recreation ~ Clarion Fire Deportment ~ Schmidt ~ Mellish VISTA Student Rep. i KSRM ~ grenckle AGENDA DISTRiBUTiON Sewer Treatment Plant Streets Shop Dock Buildin~ Maintenance Animal Control Water/Sewer Counter DELIVER Council end Student Representative Pockets to Police Deportment Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their pocket up in my office. The portion of the agenda published by the Clarion should be emailed as soon as possible after Noon on packet day. The camera-ready agenda c:/myfile$/document$/minute$/a~enda form for p~per) is em~iled to Denise ~t Peninsula ~'/arion (at emoil folder Work Session/Special Meetings, or Composition in Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) ore usually emoiled to me ~nd I hold them in my HTML file. Pl~ce them onto the city's web$ite from the~e as soon as possible before leaving the office fo~ the weekend.