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
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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
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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
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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
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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.
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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
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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?.:..?.:.; .....
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. b~'. a" bea ' t,full~ deco,rateg business-giVe
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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
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Libror~ / Porks & Recreation ~ Clarion
Fire Deportment ~ Schmidt ~ Mellish
VISTA Student Rep. i KSRM
~ grenckle
AGENDA DISTRiBUTiON
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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.