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Bo le (Z) ~L-zwi~s~----- ~+ * ~
*Until October 3. 2006 election is certified.
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TESTIMONY S%GN-IN SHEET
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 17, 2006
7:00 P.M.
KENAI CITY COUNCYL CHAMBERS
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. CERTIFICATION OF ELECTION
4. Agenda Approval ~
5. ConsentAgenda
*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 cvill 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)
1. James McConnell, Palladin Group -- Frontier Community Counseling &
Senior Assisted Housing Project Status Report.
ITEM C: UNSCIiEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARINGS
Ordinance No. 2193-2006 -- Amending the Code Violation Fine
Schedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for
Failure to Obtain a Dog License in Violation of KMC 3.20.010.
2. Resolution No. 2006-54 -- Supporting Ongoing Efforts Through
Requests for State, Private, Corporate and Grant Funding, to Preserve
and Restore the Jesse Lee Home in Seward, Alaska.
3. Resolution No. 2006-55 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
4. Resolution No. 2006-56 -- Transferring $11,125 in the Airport ~l.tnd to
Run Electrical Power to Lease I.ots.
5. Resolution No. 2006-57 -- Supporting Sensible and Responsible Access
to Oil and Gas Resources on the Alaska Outer Continental Shelf and
Elsewhere in United States Offshore Waters.
ITEM F: MINUTES
1. *Regular Meeting of October 4, 2006.
ITEM G: UNFINISHED BUSINESS
YTEM H: NEW BUSINESS
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2194-2006 -- Authorizing the Sale of Approximately
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
4. *Ordinance No. 2195-2006 -- Amending the Kenai Municipal Code at
KMC 14.22.010 (Land Use Table) and 14.20.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as a
Secondary Use in the Central MiYed Use Zone and Providing for a
Definition of "Secondary Use."
5. *Ordinance No. 2196-2006 -- Amending KMC 14.20.240(c) by Adopting
Mobffe Home Standards for Mobile Home Parks Within the City of Kenai.
6. Approval -- Request for E~tension/Wal-Mart Lease Application -- Tract
l, Baron Park 2005 Replat.
7. Approval -- Authorizing the City Manager to Negotiate a"Personal
Property Sales Contract, Ternunation of Lease, and
Management/Operations Agreements, and 1Yansition Services
Agreement," with AAI Services.
ITEM I: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Con~.mission
4. Library Coimnission
5. Parks & Recreation Commission
6. Planning & Zoning Cominission
7. Miscellaneous Commissions and Committees
a. Beautification Coimiuttee
b. Alaska Municipal League Report
ITEM J: REPORT OF THE MAYOR
ITEM K: ADMIIVISTRATION REPORTS
i. City Manager
2. Attorney
3. City Clerk
ITEM L:
Cilizens (five minutesj
Council
-- None Scheduled
ITEM M:
OCTOBER 17, 2006
REGULAR COUNCIL 1VIEETYNG
Requests for amendments to the a enda:
BY:
ADD TO: K-1, Manager's Repart -- Memorandum related to
Water/sewer rates min;,,,um monthly charge for R/V
Pa~'k CITY MANAGER
CONSENT AGENDA
None
MAYOR'S REPORT
MIKE BOYLE:
(206) 838-0611
Ronald McDonald House
5131 40t" Avenue, N.E.
Seattle, WA 98105
Conference Room
CITY OF KENAI
REGULAR ELECTION OF OCTOBER 3, 2006
!
WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the
ballots for the Regular Election of October 3, 2006.
ABSENTEE (in-person, by-fax, personal needs, by-mail) AND
UESTIONED BALLOT$ RECEIVED
171 '
ABSENTEE/ UESTIONED BALLOTS REJECTED 22
ABSENTEE/ UESTIONED BALLOTS COUNTED 149
POLL VOTER TURN OUT 1,200
TOTAL VOTER TURN OUT 3,349
NUMBER OF KENAI REGISTERED VOTERS 4,949 '
VOTER TURN OUT 27.26a/o
~.».~r::«µ~~~.~~+:~~s..~~..~+~~..~...«..s.....~...«~««««.~~««.»~.«,:~.~.....»~~«.~...~«+~..~+~+..«~~.x»«<+~~.
CITY COUNCIL/THREE-YEAR $EATS:
CANDIDATE POLL
VOTES
RECEIVED ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
MOLLOY, Robert J. (Bob) 834 92 926
ROSS, Richard A. (Rick) 883 108 991 ',
Write-Ins 48 I 49 '
CITY COUNCIL/ONE, ONE-YEAR SEAT:
CANDIDATE POLL
VOTES
RECEIVED ABSENTEE,
ETC. VOTES
RECEIVED
TOTAL VOTES
RECEIVED
ELDRIDGE, Ba 529 75 604
LEWIS, Anthon (Ton ) 533 65 598
Write-Ins 14 0 14
..+..««~~.r:.~~«+~.~~~»..«~«».+..«.«»«.~+..«.~.~~~.~.».~.~+...+~~....r.~....«»~...~~~..»»,:....~~~.~~......
Pat Porter, Mayor
Linda Swarner, Council Member
Robert J. Molioy, Council Member
Joe Moore, Vice Mayor
Richard A. Ross, Council Member
Mike Boyle, Council Member
AITEST:
Date
Carol L. Freas, City Clerk
GEMS ELECTION RESULTS
Page 8 of 9
Total
Number of Precincts 8
Precincts Reporting 8 100.0 %
Times Counted 2166/9733 22.3 %
Total Votes 1'731
ALD~RTER, Ronald G. 993 5'7.37%
STECIW, Bettyann 728 42.06%
Write-in Votes 10 0.58%
~
~
Kenai - 3 Year
Total
Number of Precincts 3
Precincts Reporting 3 100.0 %
Times Counted 1200/4949 24.2 %
Total Votes 1765
ROSS, Rick 883 50.03%a
MOLLOY, Bob 834 47.25%
Write-in Votes 48 2.72%
Kenai - 1 Year
Total
Number of Precincts 3
Precincts Reporting 3 100.0 %
Times Counted 1200/4949 24.2 %
Total Votes 1076
LEWIS, Tony 533 49.54%
ELDRIDGE, Barry 529 49.16%
Wiite-in Votes 14 1.30%
Seward - 2 Year
Total
Number of Precincts 1
Precincts Reporting 1 100.0 %
Times Counted 470/1891 24.9 %
Total Votes 1329
BARDARSON, Jean 206 15.50%
AMBERG, Linda 166 12.49%
DITNHAM, Wiliard 156 11.74%
KELLAR, Betsy 138 10.38%
HALL, Matt 129 9.71%
DARLING, Iris ~ 116 8.73°/0
CALHOON, Mike 107 8.05%
FRENCH, 7ohn 101 7.60%
LORENZ, Dorene 78 5.87%
McDONALD. Tim 6? 5.04%
http://www.borough.kenai.ak.uslAssemblyClerk/Assembly/Electionsl2006%20Electionsl... 10/10/2006
CITY OF KENAI
REGULAI2 ELECTION OF OCTOBER 3, 2006
CERTIFICATION OF RESULTS
ABSENTEE, SPECIAL NEEDS AND QUESTIONED BALLOTS
WHEREAS, the undersigned judges of City of Kenai Canvass Board for the Regular
Election of the City of Kenai, held on October 3, 2006, do solemnly affirm the results of said
election for absentee, personal needs, and questioned ballots, counted on October 1 l, 2005 as
foliows:
FOR CITY COUNCIL TWO THREE-YEAR TERMS
NAME NUMBER OF
VOTES
RECEIVED
MOLLOY, Robert J. (Bob)
ROSS, Richard (Rick)
Write-Ins
FOR CITY COUNCYL, ONE, ONE-YEAR TERM
NAME ...__.......,.
NUMBER OF
VOTES
RECEIVED
ELDRIDGE, Bar " '
LEWIS, Anthon J. (Ton ) ,~
Write-Ins
REGULAR ABSENTEE, QUESTIONED AND PERSONAL NEEDS BALLOTS
AUsentee ballots voted: _~
Questioned ballots voted:
Personal Needs ballots voted: ~-
Total Ballots Voted:
Rejected bailots:
Not registered, registered too late or ~~
Registered out of the City of Kenai:
Purged from voter rolls ~
Ballot envelope not signed or witnessed: D
No identifier provided on envelope: ~
Voted twice:
Signed/witnessed or postmarked after election
day: ~
Total BalIots Rejected by Canvass Boazd: 2-~---'
~
Absentee ballots counted: ~
Questioned baliots counted: 2 Z
Personal Needs ballots counted: Z
Total Absentee, guestioned and Personal / i f~ ~~~
Needs ballots counted: `7`
REVIEW OF PRECINCT MATERIALS
The Canvass Board further certifies we have examined in detaii all original and questioned
registers for the three polling precincts, AVO's and absentee by-mail of the City of Kenai and
have found them to be in proper order.
Upon completion of the canvass, it is our opinion the attached suminary of election returns, as
compiled by the City Clerk, accurately reflects the totals shown on the Certificate of Election
Returns by the election Uoard of each voting precinet and the returns of the absentee,
questioned and personal needs ballots cast in this election.
We, the undersigned, certify the foregoing to be true and accurate to the best of our knowledge
and belief.
Signed and dated this ~~, day of October, 2006.
ATl'EST:
~~~:~t~% __~/£~~~A~
Carol L. Freas, City Clerk
~~~..~
_I
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2193-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE CODE VIOLATION FINE SCHEDULE IN KMC 13.10.015 TO INCLUDE A
STANDARD FINE OF $25.00 FOR FAILURE TO OBTAIN A DOG LICENSE IN
VIOLATION OF KMC 3.20.010.
WHEREAS, KMC 3.20.010 requires a person, other than a licensed kennel operator,
owning a dog over three months of age to obtain an annual City of Kenai dog license;
and,
WHEREAS, under KMC 3.05.060 and KMC 13.05.010 the maximum penaity for
violating that section of the municipal code is $500.00; and,
WHEREAS, a standard fine in the amount of $25.00 should be set for that offense;
and,
WHEREAS, it is in the best interest of the City of Kenai to include a violation of KMC
320.010 in the code violation fine schedule with the standard fine set at $25.00.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 13.10.015 is amended as shown on Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of
October, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. P'reas, City Clerk
Introduced:
Adopted:
Effective:
October 4, 2006
October 17, 2006
November 18, 2006
(9/26/06 so)
13.10.015 Minor offenses amendable to disposition without court appearance
by payment of a fine.
In accoxdance with AS 28.05.151, a citation issued fox violation of any of the following sections
of this title shall be subjecc to disposiYion with payment of a fine in lieu of a court appearance or as
otherwise prescribed. Violations commiY¢ed within highway work zones shall be subjecY to double the fine
amount indicated.
CODE VIOLATION FINE SCI~IEDULE
CITE RULE/OFFENSE FINF,
RULES OF ROAD
1 13 AAC 02.050(a) Dxiving on right required $ 75.00
2 13 AAC 02.050(b) Slowee t~affic to keep sight 75.00
3 I3 AAC 02.055(a) Overtaking on right 150.00
4 13 AAC 02.060(c) Restrictions on driving lefi of center 150A0
5 13 AAC 02.065(a) Overtakiug on teft I50.00
6 13 AAC 02.070 Passing vchicle proceeding in opposi[e direction ~ 100.00
7 13 AAC 02.075(b) No passing zone I5~.00
8 t3 AAC 02.090 Following too closely 100.00
9 13 AAC 02.080(b-c) Wmng way on one-way street I50.00
10 13 AAC 02085(a) Dciving on roadways laned fo~ ~affic / Lnproper lane change 75.00
12 13 AAC 02.095(a) Vehicies restricfed from contrdled access roadway 100.00
I1 13 AAC 02.095(c) Conholled access roadway, en[exing ox exiriug 75.00
73 13 AAC 02.545(b) Drivec to exercise due care 1 W.00
14 AS 2835.045(a) Negligent~ driving 300.00
RIGIiTAP-WAY
IS t3 AAC 02A10(a)(3)(A) Pailure to stop fo[ steady ced traffic signat $I50.00
16 13 AAC 02.120(a) Vehicle apF~roaching intusection 90.00
17 ] 3 AAC 02.7 25 Vehicle turning left 150.00
18 13 AAC 02.730(b) Failure w obey stop signs 100.00
19 13 AAC 02.130(b-c) Pailuce to yield after stopping or at yield sign 150.00
20 13 AAC 0'L.135(b) S¢op and yield from pcivate road ox d~iveway 100.00
21 13 AAC 02.140(a-b) Pailure to yield to emergency vehicle 150.00 ~
PEDESTRIAN RIGI~TTS AND DU'[TES
22 13 AAC 02150 Pedutrian to obey control devices and eegulations $ 40.00
23 13 AAC 02155(a) Driver to yield to }~edestrian in crosswalk 100.00
24 13 AAC 02.155(b) Pulestrians to use due care 50.00
25 13 AAC 02.155(c) Drivec noc to pass vehicte stopped for pedestrian 75.00
Ordinance No. 2193-2006 ACtachment A
Page 1 of 3
26 13 AAC 02155(d) Pedesttia¢s [o use right half of crosswalk 25.00
~
29 13 AAC 02.I55(e) Driving through safety zone 75.00 I
28 13 AAC 02.1 W(a-t~ Pedestrian crossing not innxosswalk to yield 40.00 I
29 13 AAC 02160(e) Pcohibited pedest~eian crossiag 40.00 '..
30 13 AAC 02.160(d) Pedestcian czossiog at ot~her than right angle 25.00 '~.
31 13 AAC 02.195 Illegat walkiog on roadway 40.00 '~
32 13 AAC 02.180 Pedestrians solici[ing rides or busioess 50.00 I
33 13 AAC 02.190 Driver tn yield right-of-way to blind pedestria~is 150.00 '~,
TURNING A.'VD STARTING '~,,
34 13 AAC 02200(a-c) 15~rning movemeatprohibiPed or restcieted $75.00 I
35 13 AAC 02205(a-b) [mproper U-mrn 75.00
36 13 AAC 02210 Impxoper staxt~ &om packed position 75.00
37 13 AAC 02215(a-~ 1Lrning movements and required signals 75.00
SPtiCIAL STOPS REQUIRED
38 13 AAC 02.257 Emerging from allcy, drivcway or building $1(~.00
~ 39 13 AAC 02.265 Stop required when traffic obstmcted 75.00
40 13 AAC 02325(e) Overtaking and passing schoof bus 3-19 ovec .~ 8.00 pu mile
41 20 or more ovec 12.00 per mile
SPF,ED RES'fRIC'PIONS ~.
42 I3 AAC 02.275(a) Safe speed under cutain 6azerdous eonditious (BASIC SPEED) $90.00
43 13 AAC 02275(b) Specd violations-Designated IimiLc 3-19 over 8-00 pu mile
44 20 or more ovei 12.00 per mile
45 13 AAC 02280(a-d) Speed violations-Alte~ed limits 3-19 over 8.00 pei rtule ~
46 20 or more over 12.00 ~ per mile
47 Minimum speed viotafion; impeding traffie 60.00
48 13 AAC 02325(d) Speed violatious--Schoc~l zones 3-9 ovu I2.00 per mile I
, 49 10-19over 1400 permile'~~~
~ 50 20 or more over 16.00 pes mile
OFF-ROAU VEHICLES
I 51 KMC 13.40.07A(a-~ OPf-road vehicle opua[ion SI00.00
I 52
~ KMC 13.40.030 Speciat stops ceqnired ~ ~ 90.00
I 53 KMC 13.40.050 Aeimetiequi~ed 100.00
~I 54 KMC 13.40.080 Operating vehicle in a prohibited azea 100.00 ,
I
' ANIMALS I
55 KMC 310.010 Intcrfuence wiCh peace or privacy (Ist of~fense) $ 50_00 ~
56 KMC 3.I0.010 In[ufuence with peace or privaey (2nd offense) 100.00
Ordinance No. 2193-2006 AttachmenC A
Page 2 of 3
57 KMC 3.10.020(a, b and d) Control azid confinement of animals (lst offense) 50.00
58 KMC 3.t0A20(a, b and d) Control and coo&oement of animals (2nd offenso) 100.00
59 KMC 320.010 Faiture [o license a doe 2$ s,oo
PARKING
60 KMC 13.10.060 Camping ou pcivateproperty $50.00
67 KMC 13.30.035 Paid parking 50.00
62 KMC 13.30.095 Parking pro6ibited on Kenai Avenue SO.W
63 KMC 1835.010 Ovemight camping 50.00
(4 13 AAC 02.340 Parking, stopping on highway SO.W
65 AR 6.OS.OlO-030 Parkivg a[ Ai~poct Airst ofPe~se 25.00
66 Second offense 50.00
ABANDONED /,iUNK V~[IICLES / LITTERING
67 KMC 12.?A.O70 Deposit of cefuse (li[tecing) 5500.00
68 KMC 12.25.020 Abandonment of veUicle 100.00 ~
69 KMC 12.25.030 Junk veticle 100.00
GENERAL
70 Any offeaise under Title 13 of the Alaska Administrative Code which has been inwrporated by roPereuce undu KMC 13.30A10 and is not
lis[ed ou this fine schedule shall have a f ne amoun[ as provided by the State in AdministraCive Rule 43.1.
Ordinance No. 2193-2006 Attachment A
Page 3 of 3
,.
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_ ~ _-.
__ . ,~'
tl~ecf~af /
KENA~ ~KA
"~i.llar~e witti a Past, Gc y wit~i a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
T0: Mayor Porter and the Kenai City Council
FROM:~'~ Cary R. Graves, City Attorney
DATE: October 12, 2006
RE: Dog License Violation Finea
The city code (KMC 3.20.010) requires dog owners, other than licensed kennel operators, To get
an annual dog license for dogs over three months of age. The cost is $2.00 for spayed or neutexed
and $10.00 for non-spayed or neutered. The new Chief Animal Control Officer, Patricia
Springer, is trying to increase compliance with the licensing requirement.
The penalty for faiiure to license a dog is currently a fine up to $500.00. See KMC 3.05.060 and
KMC 13.05.010. Ms. Springer would like set a standard fine of $25.00 for failure to license. The
$25.00 fine would be added to the city's fine schedule in KMC 13.10.015. The administrative
process for minor violations is easier for both the city and person cited if the violation has a
standard fine ado~ted in the city fine schedule.
Ms. Springer does noT in2end to actively patrol for unlicensed animals. Instead, if she has a
contact with an unlicensed dog for other reasons, she would cite the owner for failure to Iicense.
At least initially, the intent is to make them "fix it" tickets. If the owner came in and got a license
within Iimited time fi•ame, the ticket would be dismissed. The idea is to increase compliance with
the licensing requirement.
Please let ine know if you have any questions.
-
Suggested by: t;ity (:ouncil
CITY OF KENAI
RESOLUT%ON NO. 2006-54
A RESOLUTION OF THE COUNCIL OF THE CZTY OF KENAI, ALASKA, SUPPORTING
ONGOING EFFORTS THROUGH REQUESTS FOR STATE, PRIVATE, CORPORATE AND
GRflNT FUNDING, TO PRESERVE AND RESTORE THE JESSE LEE HOME IN
SEWARD, ALASKA.
WHEREAS, the Jesse I,ee Home, in Seward, Alaska, served a vital need for the children
of the Territory of Alaska over a 40-year period beginning in the mid 1920s and was a
refuge for housing, education, and health care at a tune when epidemics exacted a
devastating toll on Alaska Natives; and,
WHEREAS, the Jesse I,ee Home has many prominent Alaska Native alumni, with
perhaps the most famous, Benny Benson, who was a resident when he won the design
competition for the Alaska flag; and,
WHEREAS, the Jesse Lee Home suffered extensive damage from the 1964 Earthquake,
was abandoned and since then, the property has suffered further neglect and
deterioration -- without inunediate restoration, the building will be lost forever; and,
WHEREAS, in 2001, the State Legislature passed a bill recognizing the Jesse Lee Home
as a site of historic significance for all people of Alaska and directed the Department of
Natural Resources to deternune costs and procedures necessary for its preservation
and restoration; and,
WHEREAS, in July 2005, the Seward City Council unanunously approved a resolution
of support for the preservation of the Jesse L,ee Home as a city priority and in August,
2005 also approved a second resolution authorizing City administrative support and
the City to seek and apply for grants; and,
WHEREAS, on February 23, 2006, the "Friends of the Jesse Lee Home" was established
to pursue the preservation of the Jesse Lee Home.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that it supports ongoing efforts, through requests for state, private, corporate
and grant funding, to preserve and restore the Jesse Lee Home as an educational
facility; and,
BE IT FURTHER RESOLVED, the City of Kenai encourages continued participation by
the State of Alaska in efforts to idenlify a viable and sustainable use for the Jesse Lee
Home.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of October,
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
~
Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 2006-55
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, AI,ASKA, SEITING THE
PUBLIC HEARING DATE ON THE PROPOSED ANGLER DRIVE PAVING DISTRICT.
WHEREAS, the City of Kenai has received a petition to form a special assessment
district in the above-mentioned paving project; and,
WHEREAS, the Council must set a date of public hearing on the proposed assessment
district.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the date of the public hearing on the proposed Angler Drive Paving
Special Assessment District be set for December 6, 2006.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17+~ day of October,
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. ~-eas, City Clerk
cif
_
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2006-56
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
TRANSFERRING $11,125 IN THE AIRPpRT FUND TO RUN ELECTRICAL POWER TO
LEASE LOTS.
WHEREAS, electrical power is needed at lots north of the terminal building; and,
WHEREAS, five undeveloped lots will benefit from this power service; and,
WHEREAS, money is available for transfer.
NOW, THEREFqRE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following budget transfers be made:
Airport Fund
From: Other Buildings and Areas - Contingency $10,000
Other Buildings and Areas - Repair and Maintenance 1.125
11 125
To: Other Buiidings and Areas - Improvements Other than Buildings 11 125
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October
2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:~
(10/11/2006) hl
-
Suggested by: Mayor Yorter
CITY OF KENAI
RESOLUTION NO. 2006-57
A RESOLUTION OF THE COUNCTL OF THE CITY OF KENAI, ALASKA, SUPPORTING
SENSIBLE AND RESPONSIBLE ACCESS TO OIL AND GAS RESOURCES ON THE
ALASKA OUTER CONTINENTAL SHELF AND ELSEWEHERE IN UNITED STATES
OFFSHORE WATERS.
WHEREAS, according to the U.S. Minerals Management Service (MMS), Alaska's
offshore waters contain United States reserves estimated at 27 billion barrels of oil and
132 trillion cubic feet of naturai gas (31 percent of all U.S. offshore waters); and,
WHEREAS, MMS estimates the Chukchi Sea is the most promising and materially
undeveloped U.S. offshore petroleum basin; and,
WHEREAS, lease sales are already occurring in the Beaufort Sea and MMS estunates
there are approximately 23 trillion cubic feet of natural gas reserves in Bristol Bay;
and,
WHEREAS, domestic oil and gas development in Alaska will have a positive impact on
the regional economy and spur strong economic growth because it will create jobs,
provide a significant taY source for local communities and support Alaska's business
community; and,
WHEREAS, domestic oIl and gas development is good for America's economic and
energy security; and,
WHEREAS, over 40 years of oil and gas eacploration and production activities in the
Cook Inlet have provided stabie jobs and economic benefits to the Kenai Perunsula with
minimal impact on the environment; and,
WHEREAS, with today's technology, offshore energy development can be conducted
safely with minimal risk to people and the envirorunent; and,
WHEREAS, the Administration and Congress should approve policies to provide for
Alaska and other coastal states to share in the revenues gained from offshore oil and
gas production, as such production revenue could provide muitiple benefits to state
and local cornmunities by improving infrastructure and addressing other important
local needs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, supports sensible and responsible access to oil and gas resources on the
Alaska Outer Continental Shelf and elsewhere in U.S. offshore waters.
PA5SED BY THE COUNCIL OF THE CITY OF KENAI, AI.ASKA, this 17th day of
October, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
-!
AGENnA
KENAI CITY COUNCIL - REGULAR NYEETYIVG
OCTOBER 4, 2006
7:00 P.M.
KENAI CITY COUNCYL CHAMBERS
http: / /www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Piedge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*j 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)
l. Ricky Gease, Kenai River Sportfishing Association -- Kenai Eagle
Award Presentation/City of Kenai for City Dock Improvements
2. Thor Evenson -- Proposed Development of Evenson Property on Spruce
Street and Proposed Aceess Through City Property.
3. Randy Bostrom -- Seasonal Business/Water & Sewer Billing
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
ITEM E: PUBLIC HEARYNGS
l. Ordinanee No. 2190-2006 -- Increasing Estimated Revenues and
Appropriations by $5,361.'72 in the Airport Environmental Assessment
Capital Project Fund for Additional Grant Monies.
2. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and
Approprialions by $150,000 in the General Fund for Payment to the
Public Employee Retirement System.
3. Ordanance No. 2192-2006 -- Amending KMC 12.40 Entitled,
"Regulation of Smoking in Eating Establishments" to Include Bowling
Alleys as a Place Where Smoking is Prohibited Within the City of Kenai.
4. Resolution No. 2006-52 --'IYansferring $24,647 in the Water and Sewer
Fund to Purchase a Sewer Jet-Cleaning Unit.
5. Resolution No. 2006-53 -- Awarding the bid to Alaska Truck Center for
a Sewer Jet-Cleaning Unit - 2006 for the Total Amount of 304,647.
ITEM F: MINUTES
1. *Regular Meeting of September 20, 2006.
ITEM G: UNFIIVISHED BUSINESS
1. Discussion -- Special Assessment District Update
%TEM H:
1. Bills to be Ratified
2. Approval of Purchase Orders Exceeding $15,000
3. *Ordinance No. 2193-2006 - Amending the Code Violation FYne
Schedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for
Failure to Obtain a Dog License in Violation of KMC 3.20.010.
ITEM I:
1. Council on Aging
2. Airport Cominission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Coininission
6. Planning & Zoning Cominission
7. Miscellaneous Coinrnissions and Cointnittees
a. Beautification Coinznittee
b. Alaska Municipal League Report
c. Mini-Grant Steering Comniittee
ITEM J: REPORT OF THE MAYOR
ITEM K:
L City Manager
2. Attorney
3. City Clerk
ITEM L:
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -- Suc-Month Evaluation of City Manager
ITEM M: ADJOURNMENT
INFORMt1TION ITEMS
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
1. 9/29/2006 Purchase Orders Between $2,500 and $15,000 for council review.
2. 9/25/06 J. Faulkner letter regarding waterfront revitalization planning process.
3. 9/25/06 Public Works Department, Project Status Report
4. 8/31/06 Kenai Convention & visitor Bureau meeting minutes.
5. 9/21/06 State ofAlaska Oil and Gas Lease Sales, CooklntetAreawide 2007.
6. 9/28/06 KK report, KRSMA Board Workshop -- Raising Outboard Limits to 50
HP for the Kenai River.
7. 8/28/06 & 9/24/06 KCVB Director's Reports.
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 4, 2006
7:00 P.M.
KENAI CYTY COUNCIL CHAMBERS
htto: //www.ci.kenai.ak.us
MAYOR PAT PORTER, PRESIDYNG
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
The City Clerk took roll. Present were:
Joe Moore, Vice Ma or Linda Swarner Rick Ross
Robert Mollo Mike Bo le Pat Porter, Ma or
A quorum was present.
Also present: Adam DeMello, Student Representative
A-3. AGENDA APPROVAL
MOTION:
Council Member Boyle MOVED for approval of the agenda. Council MeinUer Molloy
SECONDED the motion and requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
A-4. CONSENT AGENDA
NYOTION:
Council Member Molloy MOVED to approve the consent agenda as presented and
requested UNAATIMOUS CONSENT. Council Member Swarner SECONDED the
motion. There were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
B-1. Ricky Gease, Kenai River Sportfishing Association -- Kenai Eagle
Award Presentation/City of Kenai for City Dock Improvements
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 2
Gease explained the Kenai Eagle Award recognizes outstanding efforts to conserve and
rehabilitate fisheries habitat to maintain and to improve the Kenai River watershed for
sustainable fisheries. Gease presented the City of Kenai with a 2006 Kenai Eagle
Award for the city's noteworthy project at the Kenai City Dock to improve recreational
boating access on the lower Kenai River below the Warren Ames Bridge. He also
noted, a plaque would be provided for placement at the dock.
B-2. Thor Evenson -- Proposed Development of Evenson Property on Spruce
Street and Proposed Access Through City Property.
~venson reviewed information included in the packet related to access to his property
situated on Spruce Street, explained different alternatives, and stated he was open to
negotiation if the eity wuld be interested in purchasing the property. Evenson was
encouraged to work with city adxninistration in discussing the issue further.
B-3. Randy Bostrom, 50? Upland Street, Kenai -- Seasonal Business/Water
& Sewer Biiling.
Mr. Bostrom noted his recent purchase of the Kenai RV Park; his receipt of a letter
from the Finance Department inforniing him the Kenai Municipal Code did not allow
for suspension of water/sewer service for any accounts; believed it unfair to charge
utilities throughout the year for seasonal businesses; and, requested reconsideration
of the charge.
Discussion followed with comments including:
• There was no information addressing a seasonal utilities charge within
the Conditional Use Perxnit.
• The meeting minutes from when the perxnit was approved did not limit
months of operation of the park.
• The pernut did not limit storage at the park.
• The administration wouid like to continue researching the issue.
Council had no objection to allowing administration time to research the issue further.
ITEM C: UNSCHEDULED PUBLIC COMMENTS
Ron Rainey, 1405 Angler Drive, Kenai - Rainey noted the "honible" condition of
Angler Drive and stated he would like council to consider the proposed paving project
very seriously.
Greg Davis, ESmes Road, Kenai -- Davis stated he would like to have his road paved
and if the City would consider omitting seeding, etc., the cost would be much less.
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 3
Davis also stated his concern with a junk yard/classic car lot located at the end of
Ames Road. City Manager Koch reported the city had already investigated the matter;
found there are no code violations because the vehicles were either registered or were
classic race cars; and, further investigation is taking place of whether the individual is
operating a business from that location without a conditional use pernut.
Michael Biair, 1445 Angler Drive, Kenai -- Blair stated his support in paving Angler
Drive.
Ricky Gease, 14289 Beaver Loop Road, Kenai -- Stated he supported his neighbors'
requests and agreed with the need to pave Angler Drive. Gease also stated his concern
the Kenai Spur Highway, beiween Kenai and Soldotna, should be widened with three
lanes, including a passing lane and requested the City to consider the need when
discussing road conditions with the Department of Transportation.
ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS
-- None.
ITEM Ec PUBLIC HEARINGS
E-1. Ordinance No. 2190-2006 -- Increasing Estimated Revenues and
Appropriations by $5,361.72 in the Airport Environmental Assessment
Capital Project Fund for Additional Grant Monies.
MOTION:
Council Member Swarner MOVED for the adoption of Ordinance No. 2190-2006 and
Council Member Molloy SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative DeMello: Yes
Moore Yes Swarner Yes Ross Yes
Molloy Yes Boyle Yes Porter Yes
MOTION PA.SSED UNANIMOUSLY.
E-2. Ordinance No. 2191-2006 -- Increasing Estimated Revenues and
Appropriations by $150,000 in the General ~nd for Payment to the
Public Employee Retirement System.
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 4
MOTION:
Council Member Swarner MOVED for adoption of Ordinance No. 2191-2006 and
Council Member Molloy SECONDED the motion.
There were no public comments. Discussion followed related to the city's request for a
report from the actuary. A request was made to learn from the City of Soldotna if they
received a positive effect from its paying an extra amount over and above its normal
contriUution to PERS. Koch reported he was sure there would have been a positive
result, however he noted it may not be'in the best interest for the City of Kenai to pay
extra amounts if the State were to offset costs and then not recognize the City's extra
contribution.
fl~IOTION TO POSTPONE:
Council Member Ross MOVED to postpone action on Ordinance No. 2191-2006 until
the second meeting in November, unless Administration receives the report from the
State and brings the ordinance back earlier. Council MemUer Boyle SECONDED the
motion.
VOTE:
*Student Representative DeMello: Yes
Moore Yes Swarner Yes Ross Yes
Mollo Yes Bo le Yes Porter Yes
MOTION PASSED UNANIMOUSLY.
E-3. Ordinance No. 2192-2006 -- Amending KMC 12.40 Entitled,
"Regulation of Smoking in Eating Establishments" to Include Bowling
Alleys as a Place Where Smoking is Prohibited Within the City of Kenai.
MOTION:
Council Member Moore MOVED for the adoption of Ordinance No. 2192-2006 and
Council Member Boyle SECONDED the motion.
Bill Osborn, 423 Rogers Road, Kenai -- Stated his support of the ordinance and
submitted a letter with signatures from seniors who also supported the ordinance.
It was noted, the owner of the bowling alley had been given a copy of the pro~osed
ordinance and stated no objections.
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 5
VOTE:
*Student Representative DeMello: Yes.
Moore Yes Swarner Yes Ross Yes
~ Molloy ~ Yes ~ Boyle ( Yes ~ Porter ~ Yes
MOTION PASSED UNANIMOUSLY.
~4. Resolution No. 2006-52 -- Transferring $24,647 in the Water and Sewer
Fund to Purchase a Sewer Jet-Cleaning Unit.
MOTION:
Council Member Molloy MOVED for the adoption of Resolution No. 2006-52 and
Councff Member Boyle SECONDED the motion.
There were no public or council comments.
VOTE:
*Student Representative DeMello: Yes
Moore Yes Swarner Yes Ross Yes
Molio Yes Bo le Yes Porter Yes
MOTYON PASSED UNANIMOUSLY.
E-5. Resolution No. 2006-53 -- Awarding the Bid to Alaska 77uck Center for
a Sewer Jet-Cleaning Unit - 2006 for the Total Amount of 304,647.
MOTION:
Council Member Ross MOVED for the approval of Resolution No. 2006-53 and Council
Member Molloy SECONDED the motion.
There were no public or councii comments.
VOTE:
*Student Representative DeMello: Yes
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 6
Moore Yes Swarner Yes Ross Yes
( Molloy ~ Yes ( Boyle ( Yes ~ Porter Yes
MOTION P?aSSED UNANIMOUSLY.
YTEM F: MYNUTES
F-i. Regular Meeting of September 20, 2006 -- Approved by consent
agenda.
ITEM G:
G-1. Discuss'son -- Special Assessment District Update
City Manager Koch reviewed information included in the packet, noting the cost
estimates for the projects included clearing, grubUing, replacement of culverts, topsoil
and seeding; suggested reducing the scope of work to aliow more of the funding to be
used for projects which would reduce the cost to the property owners; allowing a
reduction in the scope of work would still address the primary concerns of residents;
the road standards would remain the same; and, culverts would Ue placed where
required.
Consensus of council was for City Manager Koch to contact property awners and
request their opinions related to scope of work reduction.
BREAK TAI{EN: 5:06 P.M.
BACK TO ORDER: 8:19 P.M.
ITEM Ii: NEW BUSINESS
H-1. Bills to be Rati~ed
MOTION:
Councii Member Moore MOVED to ratify the bills and requested UNANIMOUS
CONSENT. Council Member Boyle SECONDED the motion. There were no objections.
SO ORDERED.
H-2. Approval of Purchase Orders Egceeding $15,000 -- None.
H-3. Ordinance No. 2193-2006 - Amending the Code Violation Fine
Schedule in KMC 13.10.015 to Include a Standard Fine of $25.00 for
Failure to Obtain a Dog License in Violation of KMC 320A 10.
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 7
Introduced by consent agenda.
ITEM I: COMMISSYON/COMMITTEE REPORTS
Y-1. Council on Aging - Council Member Boyle reported the next meeting
would be held October 5, 2006.
I-2. Airport Commission -- No report
I-3. Fiazbor Commission - It was reported the next meeting would Ue held
Monday, October 9, 2006.
I-4. Library Comm'sssion -- Council Member Molloy reviewed discussions
and actions taken at the October 3, 2006 meeting.
I-5. Pazks & Recreation Commission -- Council Member Moore reported the
ne~ meeting would be held October 5, 2006.
I-6. Planning & Zoning Commission -- Council Member Ross noted the
minutes of the September 27 meeting were included in the packet
I-7. Miscellaneous Commissions and Committees
I-7a. Beauti~eation Committee -- Council Member Swarner reported the
neat meeting would be held October 10, 2006.
I-7b. Ataska Municipal League Report -- Swarner requested resolutions to be
presented at the League Conference in November be forwarded, as well as any
nominations for officials and employees of the year.
I-7c. Mini-Grant Steering Committee -- Mayor Porter noted the meeling
summary was included in the packet and of the four applications received, two were
approved and would be funded.
ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following:
• A request had been made for a resolution supporting the restoration of
the Jesse Lee Home in Seward. Council had no objections to bring a resolution
forward.
• Reported the first marathon was very successful with 72 participants
and thanked Parks & Recreation Director Frates for his and his department's efforts.
• Spoke with Father Daniels and learned the Orthodox Church is receptive
to moving the cabins from behind Fort Kenay (removal will be the responsibility of the
Historical Society).
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 8
• Minutes of the Kenai Convention & Visitors Bureau Board were included
in the packet.
• The Peninsula Mayors Conference will meet on October 17 at the
Challenger Center with the City of Kenai hosting lunch.
• She and City Manager Koch met with School District Superintendent
Peterson to discuss schools in the Kenai area.
ITEM K:
K-1. City Manager -- City Manager Koch reported the following:
• He met with FAA representatives related to deed releases for properties
outside of the Airport Reserve.
• He met with representatives of the Kenai Lions Club related to service
activities at Bernie Huss Trail.
He met with members of the Library Comnussion.
It was also noted dirt was being hauled from the Airport project to the new soccer
fields.
K-2. Attorney -- City Attorney Graves reported administration was continuing
revisions to the airport lease portion of the code. Copies would be forwarded to user
groups, aviators, KEDS, and the Airport Coiiuxiission for comments.
K-3. City Clerk - City Clerk FYeas reported the Canvass Board would meet
on'I`uesday, October 10, 2006 to review and count absentee/questioned ballots.
A brief discussion took place related to concerns expressed by several voters regarding
under-voted/over-voted ballot procedures.
ITEM L: DISCUSSION
L-1. Citizens
Bob Peters, Old Town -- Suggested administration continue to consider the old court
house as a site for the library.
L2. Council
Moore -- Noted he was happy to see beetle-killed trees had been removed from
the gullies and added, he would be out of town during the next week.
Swazner -- Congratulated Council Members Ross and Molloy on their
reelecYions.
KENAI CITY COUNCIL MEETING
OCTOBER 4, 2006
PAGE 9
DeMello -- Congratulated Council Member Ross and Molloy. He also noted, an
application would be submitted by a student to replace him on the Parks & Recreation
Commission.
Ross -- No comments.
Molloy -- No comments.
Boyle - Noted the following items:
• Believes it would be good for the city to acquire the old court house
building.
• Has received comments from citizens concerned with the amount of trees
being cut down on city properties.
• Suggested Administration and Council revisit the city's land-use plan,
including inventorying properties, ownership, uses, dedications, etc. and the plan
should go forward 5 to 50 years.
• Congratulated Ross and Molloy on their reelections.
EXECUTIVE SESSION - Six-Month Evaluation of City Manager
MOTION:
Council Member Moore MOVED to convene into an executive session concerning
matters that couid prejudice the reputation and character of another: the suc-month
evaluation of the city manager. Council Member Molloy SECONDED the motion and
requested UNANIMOUS CONSENT. There were no objections. SO ORDERED.
BREAK FOR E%ECUTIVE SESSION: 8:44 P.M.
BACK TO ORDER: 9:42 P.M.
Council Member Moore reported the council met in executive session to conduct a siY-
month evaluation of City Manager Koch. Mr. Koch received a positive evaluation.
ITEM M: ADJOURNMENT
There being no further business before the Council, the meeting adjourned at
approximately 9:43 p.m.
Minutes suUmitted by:
Caroi L. Freas, City Clerk
KENAI CITY COUNCIL MEETING
, ~ OCTOBER 4, 2006
PAGE 10
*The student may cast aduisory uotes on ait matters except those subject to executive
session discussion. Aduisory uotes shall be cast prior to the o~ficiat council uote and
shall not a~fect the outcome of a vote. Aduisory uotes shall be recorded in the minutes.
Student representaiives may not moue or second items during a council meeting.
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Suggested by: City Manager
CITY OF KENAI
ORDYNANCE IdO. 2194-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING
THE SALE OF APPROXTMATELY 14.784 ACRES AT LOT A BARON PARK
SUBDIVISION, 2006 REPLAT IN THE CITY OF KENAI, ALASKA AND SE'I`TING FORTH
THE PRICE AND OTHER TERMS AND CONDITIONS OF SALE.
WHEREAS, the City of Kenai is the owner of approximately 14.784 acres at Lot A,
Baron Park Subdivision, 2006 Replat in the City of Kenai, Alaska; and,
WHEREAS, when it is found that encouragement of a new commercial enterprise
would be beneficial to the City of Kenai, KMC 21.15.170 allows the sale of City land to
be authorized by ordinance upon such terms as to price, conditions of conveyance and
other conditions of sale; and,
WHEREAS, Lowe's Home Improvement Warehouse, Inc, (Lowe's) wishes to purchase
the property to build a store in Kenai of not less than 100,000 square feet; and,
WHEREAS, the property is zoned General Commercial and the intended use is a
principal permitted use under the Kenai Zoning Code; and,
WHEREAS, an appraisal by Derry & Associates has determined the fair market value
to be $1,650,000; and,
WHEREAS, Lowe's has agreed to pay fair market value ($1,650,000) for the property;
and,
WHEREAS, the proceeds from the sale will be placed in the Airport Land Sale
Permanent Fund pursuant to KMC 7.30; and,
WHEREAS, interest income from money placed in the Airport Land Sale Trust Fund
can be used to support airport operations; and,
WHEREAS, the purchase agreement provides that Lowe's will construct a home
improvement warehouse of at least 100,000 square feet within three years of the date
of closing of the sale; and,
WHEREAS, the City shall have a right to repurchase the property if Lowe's fails to
construct the required improvements within the allowed time period; and,
WHEREAS, the sale will be beneficial to the City of Kenai because: the proceeds will
significantly increase the size of the Airport Land Sale Trust Fund which is used to
support the operations of the Kenai Municipal Airport; it will significantly increase
sales and property t~ revenue to the City of Kenai; will provide a significant number
Ordinance No. 2194-2006
Page Two
of jobs at the stare and construction jobs during the project; will stimulate business
growth and customer traffic within Kenai; increase the commercial appeal of other
land owned by the City of Kenai near the store; and,
WHEREAS, the attached Purchase and Sale Agreement sets forth the price, conditions
of conveyance and other terms and conditions of the sale.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that: the City Manager is authorized to execute the sale of Lot A, Baron Park
Subdivision, 2006 Replat in the City of Kenai as set forth in the attached Purchase
and Sale Agreement.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: ~
Introduced: October 17, 2006
Adopted: November l, 2006
Effective: December l, 2006
-.~
~~,-,
~` i~ ~
~
~
ttie a~{y a f ~
KENA~ SKA
"V.fla~e witl~ a Past, Gc~ wit~r a Futu~`e"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 / Fax: (907) 283-3014
www.ci.kenai.ak.us
MEMORANDUM
TO: Mayor Porter and the Kenai City Councii
FROM: C~ Cary R. Graves, City Attorney
DATE: October 12, 2006
RE: SUMMARY OF SALE PROPOSAL TERMS AND CONDITIONS
The City Manager and I thought it would be helpful to the Council and general public if we
provided a summary of the tenns and conditions of the proposed land sale to Lowe's. The
property is Lot A, Baron Park Subdivision, 2006 Replat. It is the same propeily they currently
have a lease application pending on.
Why is Lowe's requesting to purchase the property rather Chan lease it with a right of purchase
after development? The lease application is governed by the city code in effect prior to the recent
airport land code amendment. The prior city code allows the lessee to purchase the property for
fair market value after they complete their developmenl plan (i.e. the fair market value two years
from know}. The uncertainty of what the purchase price will be in two years is a major obstacle
for Lowe's development of the project. Lowe's wi11 noT do this project if it cannot purchase the
land. Having Lowe's commit millions of dollars to a construction project when it does noY know
what the purchase price will be two years from now is a significant disincentive for them to do
the project.
Lowe's feels that the future price of the land wi11 rise due in part because it built a stoxe on the
property and, therefore, spiured local business growth and demand for real estate. In other words,
it wiil be penalized financially (in terms of its purchase price) for investing millions af dollars in
Kenai.
KMC 21.15.170 allows fhe sale of city land by negotiated sale when it finds "that encoul-agemenT
of a new commercial or industrial enterpxise would be beneficial to the City of Kenai". The
price, terms and conditious of fhe sale are to be set forth in ihe ordinance authorizing the sale. A
summary of those terms and conditions are set forth below.
Memo to Mayor Porter & Kenai City Council
October 12, 2006
Page 2 of 2
Price. The appraisal by Derry & Associates set the fair market value of the property at
$1,650,000). Lowe's has agreed to pay the fair market value ($1,650,000) far the land.
The proceeds will be deposited in the Airport Land Sale Permanent Pund. The corpus of
that fund is protected from being s~ent by city code provision. However, interesC from
that fund is used to support airport operations.
2. Lowe's will deposit $50,000 in an escrow account within fivc days after the parties sign
the Purchase and Sale Agreeinent.
Closing must talce place prior to February 16, 2007. The period of time prior to that is
referred to in the Purchase and Sale Agreement as the I'easibility Period and
Governmental Approvals Period. They run concurrently. Buring that period Lowe's may
further study Che feasibility of the project including governmental permitting
requirements. It may cancel the sale without losing its escrow deposit during that time.
4. Lowe's agrees to construct a home improvement warehouse of at least 100,000 square
feet on the property within three years of closing.
5. The City will pay a 5% sales commission to Greg L. Johnsou of Bond, Stephens &
Johnson, Ina Mr. Johnson is the commercial realtor who got Lowe's interested in Kenai
and The partieular properry. The 5% commission rate is set by KMC 21.15190(e). That
seetion was takeu verbatim from the previous airport code (KMC 22.05.040(fl. The city
has paid commissions to other brokers providing land buyers in the past. In this case the
commission will be $82,500 ($1,650,000 x .05 = $82,500).
If Lowe's does not complete the construction within three years of closiilg, the City has
the option to repurchase the property and any improvements on it. The repurchase price
would be: the fair market value purchase price paid by Lowe's for the land minus (1) fair
value market value rental; (2) a$50,000 liquidated damages fee; and (3) any fees or costs
for removing any liens on the property; and (4) any damages to the property redueing its
value. The agreement defines annual fair market rental value as 8% of the fair market
value. IP Lowe's had the property for three years prior to repurchase, Yhe total fair market
value rental price would be: 3 x 8% of the purchase price.
Please let me know if you have any questions regarding the Purcl~ase and Sale Agreement or any
other issues regarding the proposed land sale.
PURCHASE AND SA~E AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "AgreemenY) is entered into as of
, 200_, by and between THE CITY OF KENAI, a home-rule municipal
corporafion of Alaska ("Seller"), and LOW E'S HIW, WC., a Washington corporation ("Buyer')
(referred to in this Agreement individually as a"Party" and collectively as the "Parties").
1. Subiect Propertv. Seller owns certain real property consisting of approximately
14.784 acres at Lot A Baron Park Subdivision, 2006 Replat, in the City of Kenai, Kenai Peninsula
Borough, Alaska, as depicted on the site plan attached hereto as Exhibit A and a legal description
of which is attached hereto as Exhibit B, both of which are incorporated herein by this reference
(the "Subject Property'). According and subject to all of the provisions of this Agreement, Seller
agrees to sell and 8uyer agrees to buy the Subject Property.
2. Purchase Price. The purchase price for the Subject Property (the "Purchase
Price") shall be One Million Six Hundred FiftyThousand Dollars ($1,650,000.00), to be paid as
foilows:
2.1 Within five (5} business days after the execution of this Agreement,
Buyer shall deposit with the Escrow Hoider (as defined below) eatnest money in the amount of
Fifry Thousand Dollars ($50,000.00) (together with interest thereon, the "DeposiY'). At the closing
of the transaction contemplated by this. Agreement (the "Closing"), the Deposit shall be paid to
Seller and applied to the P~rchase Price.
2.2 At or before Closing, Buyer shali deposit with tlie Escrow Holder the
remainder of the Purchase Price in immediately available funds, which shall be paid to Seller at
Closing.
3. Title. Seller represents and warrants that Seller has good and marketable title to
the Subject Property and has entered into no other agreements for the sale or option or lease of
the Subject Property. Seller shall not perrnit Iiens or encumbrances to be filed against the
Subject Property after the date of this Agreement which will survive the Closing. Prior to the
expiration of the Feasibility Period (as defined below), Buyer shall obtain a title cammitment from
the Escrow Holder (the "Title CommitmenY') and a survey (the "Survey'} of the Subject P~operty.
Prior to the expiration of the Feasibility Period, Buyer shall deliver to Seller, in writing, such
objections (the "Title Objections") as Buyer may have to the Title Commitment and tiie Survey, or
to other documents referred to therein (collectivety, "Title Matters"). Any Title Matter to which
Buyer does not timely object shail be deemed approved by Buyer and shall constitute a
"Permitted Exception". Seiler shall have the right, but nat the obligation, to attempt to cure any
Title Objection for a period of fifteen (15) days (the "Cure Period") foilowing receipt by Seller of
the Title Objections. Prior to the expiration of the Cure Period, Seller shall send written nofice
("Seller's Cure Notice") to Buyer of which Title Objections Seller elects to cure or declines to cure.
In the event Seiler fails or declines to cure such a Title Objection within such Cure Period, then,
and in such event, Buyer may (i) waive such Title Objections and proceed to Closing (in which
case such title exceptions shall become Permitted Exceptions); provided, however, in such event
Buyer shail have the right to reduce the Purchase Price in an amount equal to any amounts
expended by Buyer to remove monetary liens and monetary encumbrances as title exceptions or
(ii} terminate this Agreement and receive a refund of the Deposit.
4. Feasibilitv Period. As a condifion to Closing, Buyer, at Buyer's expense, must
have determined the Subject Property to be, in all respects suitable for Buyer's i~tended
purposes (including economic feasibility of its intended purposes). Seller hereby grants to Buyer,
its agents and employees, tfie right and license to go onto the Subject Property for the purpose of
conducting due dilige~ce, including, without limitation, surveys, environmentai and engineering
studies, physical tests, inspections, and evaluations and sampling which Buyer may require in its
755016_7.DOC Lowe's Kenai Peninsuta: CiTy of Kenai Pazcel
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. . _ . .. .. . .. .._. ...._ ....... ._.... ._... ..........
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
assessment and inspection of the Subject Property. Seller shail furnish Buyer with copies of any
existing recent surveys, soil tests and environmentai reports in Selier's possession. Buyer shall
have ninety (90) days after the Iast execution of this Agreement (the "Feasibility Period") to
terminate this Agreeme~t, by written notice to Seller, based on Buyer's determination, in its so(e !
discretion, that the Subject Property is not suitable, in which event the Deposit sha~l be retumed
to Buyer less $100.00, which amount shall be refained by Seller. The Parties may extend the
Feasibility Period by letter agreement to a mutually acceptable date.
5. Governmental Approvais Period. As a condition to Closing, Buyer, at Buyer's
expense, must have determined that Buyer will be able to obtain all approvals and permits
required by any governmental entity and utility provider subject to only those conditions which are
acceptable to Buyer in its sole discretion and Buyer must have determined that the Subject
Property is zo~ed to ailow Buyer's intended use. Buyer and Seiler shall cooperate in obtaining all
necessary permits and approvals, inclutling, but not limited to use or zoning approvals and
ingress and egress approvals (the "Governmental Approvals"). Buyer shal~ have ninety (90) days
after the last execution of this Agreement (the "Governmental Approvals Period") to terminate this
Agreement, 6y written notice to Seller, based on Buyer's determination, in its sole discretion, that
Buyer will not be able to obtain required Governmentai Approvals with conditions acceptable to
Buyer, in which event the Deposit shall be returned to Buyet less $100.00, which amount shall be
retained by Seller. The parties may extend the government approval period by letter agreement
to a mutually acceptable date,
6. Acauisition of Surroundinq Propertv. Buyer requires the acquisition of property
located at Lot 1A-4 Baron Park Subdivision, No.3, Kenai, Alaska, in addition to the Subject
Property for Buyer's intended use at this location. Accordingiy, the closing of this transaction and
Buyer's obligations hereunder are conditioned on Buyer's closing on such additional property. If
the acquisition of this property fails to close Buyer may terminate this Agreement by giving written
notice to Selier, in which event the Deposit shall be returned to Buyer less $100.00, which
amount shall be retained by Seller.
7. Escrow and Closinq Matters.
7.1 Escrow Holder. Promptiy following the execution of this Agreement,
Buyer shall open an escrow with First American Title Insurance Company, Attention Kristen
Hueter, 5 First America Way; Santa Ana, Califomia (the "Escrow Holder"). The Escraw Holder will
utilize a title company located in Ke~ai Alaska to assist with the Closing. A copy of this
Agreement shaii be provided to the Escrow Holder to advise the Escrow Holder of the terms and
conditions hereof. Escrow Holder shall conduct the Closing pursuant to the escrow instructions of
the Parties which shall be consistent herewith.
72 Closina. The Ctosing shall take place on the date which is the earlier of:
(i) thirty (30) days after the expiration of the Governmental Approvais Period or (ii) February 16,
2007. At Closing, Seller shall prepare a geneYal warranty deed in a form satisfactory to Buyer (the
"Deed"). At Closing, Sellet shall convey title to the Subject Property to Buyer by the Deed subject
oniy to the Permitted Exceptions and shail tleliver sole and exclusive possession to Buyer.
7.3 Costs. Buyer shall pay the cost of recording the Deed. Any escrow costs
pertaining to the Closing shall be paid equaliy by Buyer and Seller. General real property taxes
will be prorated as of the date of Gosing. Seller sfiali pay the premium for a standard owner's
policy of title insurance from First American Title Insurance Company and endorsements required
to address Buyer's title objections; Buyer shall pay the additional cost of extended coverage if
required by Buyer and any endorsements required by Buyer. All other costs, inGuding alI other '
recording fees, any state, county or municipal documentary stamps, transfer taxes, greenbelt or
roliback taxes, and excise taxes shall be paid by Seilec The parties agree to execute a
settlement statement prepared by the Escrow Holder that reflects payment of such costs. Each
755016 7.DOC 2 Lowe's Kenai Penins~la: City of Kenai Parcel ~.
~ Octo6ert0,20~6
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
Party shali bear its own attorney's fees and costs associated with the negotiation of this
Agreement and Closing.
7.4 Other pocuments. At Closing, Seller agrees to execute and deliver (a) a
certification of nonforeign status pursuant to Section 1445 of the Internal Revenue Code and (b)
customary owner's affidavits and indemni~cation agreements with respect to mechanics' liens,
leasehold Interests and other matters in favor of the Escrow Hoider as the Escrow Holder shall
reasonably require to issue the extended ALTA Owners Policy of Title Insurance.
8. Reqresentations and Warranties. Seller represents and warrants (and will
indemnify, defend and hold Buyer hatmless for claims arising out of breach of such
representations and warranties) that at Closing: (A) Seller has the power and authority to enter
into this Agreement; (B) the execution of this Agreement and consummation of the transaction
contemplated by this Agreement is not in violation of any contract, agreement, order or judgment
of any nature by which Seller is bound; (C} there is no action, suit or proceeding pending or
threatened against Selier affecting the Subject Prbperty; (D) there are no assessments against
the Subject Property that are unpaid; (E) there is no dispute invoiving the location of lines or
corners of the Subject Property, (F) there are no encroachments against tFie Subject Property and
{G) the Subject Property is not located within a Special Flood Hazard Area or watershed area.
9. DEFAULT.
9.1 SELLER'S DEFAULT. IF THE SALE AND PURCHASE OF THE
SUBJECT PROPERTY CONTEMPLATED BY THIS AGREEMENT FAIL5 TO CLOSE
THROUGH NO FAULT OF BUYER, THEN EITHER: (A) BUYER'S DEPOSIT SHALL BE
IMMEDIATELY REFUNDED TO BUYER, OR (B) BUYER AS ITS SOLE AND EXCLUSIVE
REMEDY (EXCEPT AS PROVIDED I.ATER IN THIS SENTENCE) MAY BRING AN ACTION
FOR SPECIFIC PERFORMANCE OF THIS AGREEMENT; NOTW ITNSTANDING ANYTHING
TO THE GONTRARY CONTAINED HEREIN, IF, DUE TO SELIER'S INTENTIONAL OR GROSS
MISGONDUCT, THE REMEDY OF SPECIFIC PERFORMANCE IS {i) UNAVAILABLE OR (ii)
IMPRACTICABLE BECAUSE OBTAINWG SUCH REMEDY WOU~D INCREASE THE
PURCHASE PRICE OF THE SUBJECT PROPERTY BEYOND THE PURCHASE PRICE SE7
FORTH HEREIN OR REQUIRE BUYER TO INCUR LIABILITIES OR OBLIGATIONS
(EXCLUDING CQSTS OF ENFORCEMENT) NOT CONTEMPLATED PURSUANT TO THE
TERMS OF THIS AGREEMENT, (BY WAY OF EXAMPLE, TO CLOSE WOUID REQUIRE
BUYER TO ASSUME OR PAY OFF A MORTGAGE OR DEED OF TRUST THAT SELLER
PLACED ON THE SUBJECT PROPERTY THAT WAS NOT CONTEMPLATED PURSUANT TO
THE TERMS OF THIS AGREEMENT), SELLER SHALL BE LIABLE FOR A~L DAMAGES,
WHETHER IN CONTRACT OR TORT OR UNDER ANY ~EGAL OR EQUITABLE THEORY.
9.2 BUYER'S DEFAULT. IF THE SALE AND PURCHASE OF THE
SUBJECT PROPERTY CONTEMPLATED BY THIS AGREEMENT IS NOT CONSUMMATED
ON ACCOUNT OF BUYER'S DEFAULT HEREUNDER, SELLER SHALL BE ENTITLED, AS ITS
SOLE AND EXCLUSIVE REMEDY HEREUNDER, TO RECEIPT OF THE DEPOSIT AS FULL
AND COMPLETE ~IQUIDATED DAMAGES FOR SUCH DEFAULT OF BUYER, THE PARTIES
ACKNOWIEDGING THAT IT IS IMPQSSIBLE TO ESTIMATE MORE PRECISELY THE
DAMAGES WHICH MIGHT BE SUFFERED BY SELLER UPON BUYER'S DEFAULT OF THIS
AGREEMENT OR ANY DUTY ARISING IN CONNECTION OR RELATING HEREWI7H.
SELLER'S ENTITLEMENT TO AND RECEIPT OF THE DEPOSIT IS INTENDED NOT AS A
PENALTY, BUT AS FULL AND COMPLETE ~IQUfDATED DAMAGES. THE RIGHT TO RETAIN
SUCH SUMS AS FULL LIQUIDATED DAMAGES IS SELLER'S SOIE AND EXCLUSIVE
REMEDY IN THE EVENT OF DEFAULT OR FAILURE TO PERFORM HEREUNDER BY
BUYER, AND SELLER HEREBY WAIVES AND RELEASES ANY RIGHT TO (AND HEREBY
COVENANTS THAT IT SHALL NOT) SUE BUYER AS TO ANY CLAIMS, INJURY OR LOSS
ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT: (I) FOR SPECIFIC
~ 7550i6_7.DOC 3 Lowe'sKenaiPeninsula:CityofKer~aiParcel
October 1Q 2006 .
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NOT BINDRVG UNTIL EXECLTTED BY ALL PARTIES
PERFORMANCE OF THIS AGREEMENT, OR (II) TO RECOVER ACTUAL DAMAGES IN
EXCESS OF THE DEPOSIT.
Buyer's Initiais: Selier's Initials:
10. Notices. Any notices, requests or other communications required or permitted to
be given hereunder shali be in writing and shall be delivered by a wodely recognized national
overnight courier service or mailed by United States registered or certified mail, return receipt
requested, postage prepaid, or by facsimiie transmission, and addressed to each Party at its
address as set forth below:
To Seller. City of Kenai, Alaska
210 Fidalgo Avenue
Kenai, AK 99611-7794
Attention: Cary Graves, Ciry Attorney
Fax: (907) 2833014
City of Kenai, Alaska
210 Fidalgo Avenue
Kenai, AK 99611-7794
Attention: Rick Koch, City Manager
Fax: (907) 283-3014
To Buyer: Lowe's HIW, Inc., ,
1530 Faraday Avenue, Suite 140 '
Carisbad, CA 92008
Attention: Rob Doane, Senior Counsel
Fax: (760) 602-8421
Lowe's HIW, Inc.,
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
Attention: Bart Hollander, Director of Real Estate Acquisition
Fax: (760) 602-1018
cc: Paul M. Harman
Jones, Waldo, Holbrook & McDonough, P.C.
170 South Main Street, Suite 1500
Salt Lake City, Utah 84101
Fax: (801)328-0537
Any such ~otice, request or other communication shall be considered given or delivered,
8s the case may be, on the date of personal delivery or upon deposit in the United States mail or
with an overnight courier as provided above. !n the case of facsimile transmission, the notice
shall be deemed to be effective upon conflrmation of receipt of the facsimile transmission,
provided that such notice is also hand delivered or sent by ovemight carrier or through the U.S.
Mail on the day the facsimile notice is given. Rejection or other tefusai to accept or inability to
deliver because of changed address of which no notice was given shall be deemed to be receipt
of the notice, request or other communication. Any notice, request or other communication by a
Party may be given or delivered by counsel to such Party. By giving at least five (5) days prior
written notice thereof, either Party may from time to time at any time change its mailing address
hereunder.
11. Repurchase of Subiect Propertv. Seller shall have the right and option to
repurchase the Subject Property from Buyer subject to and in accordance with the fiollowing terms
and co~ditions:
755Qi6 7.DOC q, Lowe's Kenai Peninsula: City of Keuai Parcel .
October10,2006
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11.1 Covenant to Ooen. Subject to any delays suffered by Buyer due to force
majeure, repair, restoration or reconstruction foliowing casualty or condemnatio~ or any other
exercise of the_power of eminent domain, restocking or remerchandising, or labor disputes (the
"Permitted Delays"), Buyer agrees to open a home improvement warehouse of at least one
hundred thousand (100,000) square feet on the Subject Property to the general public for one (1)
day, adequately stocked and staffed for use as a retail store within three (3) years after Closing.
In the event of default of this Section 11.1, Seller's sole remedy shall be the exercise of the
repurchase right set forth in Saction 11.2 of this Agreement (the "Repurchase Right").
1 ~.2 Seller's Repurchase Riqht. In the event of Buyer's default under Section
11.1, Seller sliall have the one (1) time right and option to repurchase the Subject property
including all improvements from Buyer for the Repurchase Price which shali be an amount equal
to the Purchase Ptice minus the Fair Market Value Rental Value (as hereinafter defined) and
minus a Fifty Thousand Dollars ($50,000.00) liquidated damages non-completion fee and minus
any costs for removing or clearing liens occurring on the property after the olosing date and minus
any damages to the property reducing its value.
11.3 Seller's Exercise of the Repurchase Riqht. Shouid Seller elect to
exercise its Repurchase Right, Seller shall give written notice to Buyer (the "Election Notice")
within ninety (90) days of Buyer's default under Section 11.1. Should Seller fail to give the
Election Notice within the deadlines set forth in this Section 11.3, the Repurchase Rigtit shall
terminate and be of no further force or effect.
11.4 Fair Market Rental Value. The °Fair Market Rental Value" shall tie the
fair market rental value of the Subject Property for the time period from which the Buyer acquired
fee ownership of the Subject Property u~til the Buyer's default under Section 11.1 of this
agreement. The yearly Fair Market Rental Value shall be Eight Percent (8%) of the Purchase
Price in Section 2 above. For exampie, if the property were held by the Buyer for two years prior
to re-purchase, the total Fair Market Rental Value would be two times the yearly Fair Market
Rental Value (2 x 8% of the Purchase Price in Section 2).
11.5 Repurchase Closinq.
11.5.A The cfosing of the repurchase transaction contemplated in this
Section 11 (the "Repurchase Ciosing") shall take place on the date which is (i) thirty (30) days
following the expiration of Seller's Repurchase Review Period; or, in the event Selier timely
objects to the Repurchase Commitment as outlined in Section 11.5B, (ii) forty five (45) days
following the expiration of Buyer's Repurchase Cure Period.
11.5.6 At the Reputchase Closing, Buyer shall deliver into escrow with
the Titie Company a statutory warranty deed (the "Repurchase Deed'), duly executed and
acknowledged so as to convey to Seller title to the Subject Property in fee simple, warranting title,
free and clear of all Iiens, restrictions, encumbrances and other matters save those which Seiler
conveyed to Buyer (which are reflected in the owner's policy of title insurance issued to Buyer on
the date of Closing and which shali be deemed to be permitEed exceptions for which Seller shall
have no right to object) and subject to other reasonable encumbrances placed upon the Subject
Property subsequent to Buyer's purchase (including Fair Market Value leases or other Fair
Market Value occupancy agreements).
Seller shall be responsible to obtain from the Title Company, at Buyer's
expense, a commitment to issue an owner's policy of title insurance for the Subject Property (the
"Repurchase Commitment"). Seller shall have a period of thirty (30) days from receipt of the
Repurohase Commitment in which to review such items and to deliver to Buyer in writing such
objections as Seller may have to the Repurchase Gommitment (except as to the permitted
755016_7.DOC 5 Lowe's Kenai Peninsula: City of Kenai Paz'cel
Oc~ober10,2006
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
exceptions described herein)(the "Seller's Repurchase Review Period"). Any matters to which
Seller does not object within the thirty (30) day period, including all permitted exceptions and ali
matters of record at the time of Seller's initial conveyance to Buyer, shall be deemed approved by
Seller and shall constitute permitted exceptions to title. In the event Seller does timely object to
the Repurchase Commitment, Buyer may, for a period not to exceed thirty (30) days following
receipt by Buyer of Seller's objections (the "Buyer's Repurchase Cure Period"), make
commercialiy reasonable attempts to cure such objections. If after such commerciaily reasonable '
attempts are made, Buyer fails or is unable to cure such title objections within Buyer's '
Repurchase Cure Period, Seller may: (i) waive such objections and proceed to close, provided,
however, that Seiler shall have the right to reduce the Repurchase Price in an amount equal to
any amounts expended by Seller to remove monetary liens and monetary encumbrances as title
exceptions as allowed in Section 11.2, or (ii) terminate and cancel its Repurchase Right,
whereupon the Repurchase Right shali become void and of no further force or effect, and the
Parties hereto shall have no further rights or obligations under this Section 11. Seller's election to
waive title objections or to tarminate the Repurchase Right must be exercised with fifteen (15)
days following the expiration of the Repurchase Cure Period. Seller's failure to exercise such
election within said fifteen (15) day period shall be deemed a waiver of all such title objections by
Seiler.
11.5.C Buyer shall prepare, at its cost, the Repurchase Deed. Seller
shall pay the cost of recording the Deed. Any escrow costs pertaining to the Repurchase Closing
shall be paid equally by Buyer and Seller. Buyer shall pay the premium for a standard owner's
policy of title insurance and endorsements required to address Seller's title objections; Seller shall
pay the additional cost of extended coverage'rf required by Selier and any endorsements required
by Seller. All unpaid ad valorem taxes shall be prorated between Buyer and Seller as of the date
of the Repurchase Closing. All other costs, including recording fees, any state, county, or
municipai documentary stamps, transfer taxes, rollback taxes, and excise taxes, shail be paid by
Buyer. Buyer and Seller agree to execute a settiement statement prepared by the Escrow Holder
that reflects payment of such costs. No brokers or reai estate agents shaii be utilized in such
transaction and no commissions will be due any broker or agent and each Party will indemnify the
other from any liability for any such fees or commissions incurred by It.
11.5.D At#he Repurchase Closing, Buyer shall execute and deliver any
affidavit or lien waiver reasonably requested by Seller's titla insurer and a non-foreign affidavit.
Upon receipt of all documents and funds, the Titie Company shall deliver the Repurchase Deed
to Seller and the Repurchase Price to Buyec
11.6 Nonassiqnabilitv. The Repurchase Right contained in ihis Section 11
may not be assigned by Seller nor shall it be exercised by any party other than Seller itself. The
Repurchase Right shall be binding upon all successors in interest to the Subject Property. Buyer
may not assign this agreement or its rights thereon without the written consent of Seller.
11.7 Recordation. The Parties shall execute and either Party may record a
Memorandum of Agreement in the form attacfied hereto as Exhibit B in the offioiai records of
Kenai Peninsula Borough, Alaska.
11.8 Default and Remedies. In the event of default by Seller or Buyer after
the Election Notice, the provisions of this Section 11 may be enforced by specific performance
and equitable relief by either party, it being understood and agreed that the default or breach of
the provisions of this Section 11 may create irreparable damage and harm.
11.9 Termination. The Repurchase Right, and aIl rights and interests arising
under this Section 11, shall terminate and be of no further force and effect three (3) years antl
one (1) day from Closing (the "Repurohase Termination Date") unless the completion date has
755016_7.DOC 6 Lowe's Kenai Peninsula: City of Kenai Parcel ~
Octoba 10, 2006 ~
NOT BINDING UNTTL EXECUTED BY ALL PARTIES
been extended pursuant to Secfion 11.1. Any extension to the completion date under Section
11.1 shall add the equivalent amount of time to the termination date under this section. Upon
expiration of the termination date, Seller will record at Buyer's request an appropriate document
acknowledging termination of the Repurchase Right. On the Repurchase Termination Date, Seller
shall be deemed to have waived and reli~quished the Repurchase Right and aU rights and
interests pertaining thereto.
12. Miscellaneous.
12.1 Commissions. Seller shali be responsible to pay any and all real estate
sales fees and commissions to Greg ~. Johnson of Bond, Stephens & Johnson, Inc., pursuant to
KMC 21.15.190(e). Each Party agrees to indemnify, defend and hoid the other Party harmless
against any claims for fees or commissions by brokers or agents claiming by or through the
indemnifying Party.
12.2 Damaqe or Destruction~ Condemnation. All risk of loss to the Subject
Property, including physical damage or destruction, shall be borne by Seller until Closing. In the
evenf of material damage or destruction of the Subject Property or condemnation or threat of
condemnation of all or a portion of the Subject Property, Buyer may elect to terminate this
Agreement, in which event the Deposif shall be returned to Buyer, or may elect to proceed wifh
Closing, in which extent the insurance proceeds or condemnation award shall be paid to Buyer at
Closing.
12.3 Authorization. The undersigned officers of Seller and Buyer hereby
represent and warrant that all actions necessary by their respective organizations have been
obtained and that they are authorized to enter into this Agreement and that no additional action
will be necessary to make this Agreement legaily binding upon such officer's organization.
12.4 Business Davs. If the time period by which any right, option or election
provided under this Agreement must be exercised, or by which any act required hereunder must
be performed, or by which the Closing must be heid, expires on a Saturday, Sunday or legal or
bank holiday, then such time period will be automatically extended through the close of business
on the next following business day.
12.5 Bindina Effect Recordation. The terms, covenants and conditions herein
contained shall be binding upon and inure to the benefit of the heirs, successors, transferees and
assigns of ttie Parties. Buyer may, at its expense, record notice of this Agreement.
12.6 interoretatio~. This Agreement constitutes the entire agreement
between the Parties with respect to the subject matter hereof and may only be modified by a
subsequent writing duly executed by both Parties. The Environmental Addendum and Exhibits A
and B attached hereto are hereby incorporated into this Agreement. This Agreement shall be
interpreted and construed only by the contents hereof, and there shall be no presumption or
standard of construction in favor of or against either Seller or Buyer.
12.7 Attornevs' Fees. In the event a Parfy commences a legal proceeding to
enforce any of the terms of this Agreement, the prevailing Party in such action shall have the right
to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in
the same acfion.
12.8 Survival. The provisions of Paragraphs 3, 7 and 11.1 and the indemnity
agreements contained in this Agreement shall survive any expiration or termination of this
755016_9.DOC '~ Lowe's Kenai Peni~sula: City ofKenfli Parcei
Ootobec 10, 200b
NOT BI:VDING UNTTL EXECUTED BY ALL PARTIES
Agreement and shail not merge into any deed delivered and accepted upon the closing of the
transaction herein contemplated.
12.9 Countet~arts. This Agreement may be executed in counterparts, each of
which shall be an original and all of which shall together constitute one and the same instrument.
12.10 Governinq Law. This Agreement shall be construed and enforced in
accordance with, and governed by, the laws of the state in which the Subject Property is located.
12.11 Time of Essence. Time is of the essence to this Agreement
SIGNATURE PAGE TO FOLLOW
755016 7.DOC 8 Lowe's Kenai Peninsula: Ciry of Kenai Parcel
October10,2006
IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written.
SELLER:
Name:
Title:
Date: , 200_
BUYER: Lowe'S HIW, Inc.,
a Washington corporation
By:
Name:
Title:
Date: , 200_
755016 7,bOC Lowe's Kenai Peninsula: City of Kenai Parcel
October I0, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTTES
Environmental Addendum
1. Seller Disclosures. W ithin ten (10) business days of the last execution of this Agreement,
Seller shall inform Buyer of any Hazardous Materials or Release and of any underground
structures or utilities which are or may be present on the Subject Property and Seller shafl deliver
to Buyer any documentation (for example, any title evidence, surveys, reports, studies, test
results, engineering drawings, permits or fank registrations) Sellet has within its possession or
control regarding such conditions, structures or utilities. Seller shall immediately notify Buyer, in
writing, of any Release, as defined hereinafter, or change to any enviro~mental information
previously given by Seller to Buyer, and Seller understands that Buyer needs this information in
order to properly evaluate the Subject Property, to avoid damaging underground structures and
utilities and to avoid causing, contributing to or exacerbating the Release of a Hazardous
Materials in the course of its investigations.
2. Buver's Indemnification. Buyer agrees to pay all of the costs and expenses associated
with its investigation and testing and to repair and restore any damage to the Subject Property
caused by Buyer's investigations or testing, at Buyer's expense. Buyer also agrees to indemnify
and hold Seller harmless from alI costs, expenses and liabilities arising out of Buyer's ~egligence
or willful misconduct or that of its employees, agents, consultants or contractors in performing its
evaluation of the Subject Property, except that Buyer shall have no responsibility to Seller and
Seller hereby releases Buyer and agrees to indemnify and hold Buyer harmless from all costs,
expenses and liabilities arising in connection with environmental conditions, Hazardous Materials,
Releases or untlerground structures or utilities that were not disclosed to Buyer as provided in
this Addendum. Soil, rock, water, asbestos, and other sampies taken from the Subject Property
shali remain the property of Seller. Buyer will make arrangements for the lawful disposal of any
contaminated samples and will pay any related transportation of disposal fees and Seller shail
sign the manifest and any other documents required in connection with the disposai of
contaminated samples.
3. Seller's Representations and Warranties. Seller represents and warrants to Buyer, as of the
date of this Agreement antl at Closing, that (i} the Subject Property is free from contamination by
Hazardous Materials and fhe activities conducted on the Subject Property do not pose any
significant hazard to human health or the environment and do not violate any Environmental
Laws, (ii) there has been no generation, treatment or storage of any Hazardous Materiais at the
Subject Property except as disclosed in writing by Seller to Buyer, (iii) there are no surface
impoundments, ~agoons, waste piles, landfills, injection wells, u~derground storage areas, tanks,
storage vessels, drums, containers or other facilities that held Hazardous Materials on the
Subject Property, (iv) there is no treatment, storage or Release of Hazardous Materials on land
adjacent to the Subject Property that may constitute a risk of contamination of fhe Subject
Property or surtace or ground water flowing to the Subject Property; and (v) there has been no
inspection, audit, inquiry, investigation, or notice or warning thereof by any Governmental
Authority regarding the presence or discharge of Hazardous Materials on the Subject Property.
4. Definitions.
A. "Environmental Laws" shall mean any federal, state or local statute, regulation or
ordinance or anyjudicial or administrative decree or decision, whether now existing or hereinafter
enacted, promulgated or issued, with respect to any Hazardous Materials, drinking water,
groundwater, wetlaniis, landfills, open dumps, storage tanks, underground storage tanks, solid
waste, waste water, storm water runoff, waste emissions or welis.
B. "Hazardous Materials" means each and every element, compound, chemical mixture,
contaminant, pollutant, material, waste or other substance which is defined, determined or
identified as hazardous or toxic under any Environmental Law, including, but not limited to,
asbestos or any substance containing asbestos, polychlorinated biphenyls, any explosives,
radioacfive materials, chemicais known or suspected to cause cancer or reproductive toxicity,
755016_7.DOC 1 ~ I.owe's Kenai Peuinsula: City of Kenai Percel
Octobu 10, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
pollutants, effluents, contaminants, emissions, infecYious wastes, any petroleum or petroleum-
derived waste or product or related materials and any items defined as hazardous, special or
tpxic materiais, substances or waste. Without limiting the generality of the foregoing, the term
shali mean and include: "Hazardous Substances" as defined in CERC~A, the Superfund
Amendments and Reauthorization Act of 1986, or Title III of the Supertund Amendment and
Reauthorization Act, each as amended, and regWations promulgated thereunder; "Hazardous
Waste" as defined in the Resource Conservation and Recovery Aci of 1976, as amended, and
regulations promulgated thereunder; Materials as defined as °Hazardous Materials" in the
Hazardous Materials Transportation Act, as amended, and regulations promulgated thereunder;
and "Chemical Substance or Mixture" as defined in the Toxic Substances Control Act; as
amended, and regulations promulgated thereunder.
C. "Governmental Authorities" mea~s the United States, the State of Alaska and any
political subdivision thereof, and any and all agencies, departments, commissions, boards,
bureaus, bodies, councils, offices, authorities, or instrumentality of any of them, of any nature
whatsoever for any governmental unit (federal, state, county, district, municipal, city or atherwise)
whether now or hereafter in existence.
D. "Release" shall mean any spiiling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, storing, escaping, leaching, dumping, discarding, burying, abandoning, or
disposing of Hazardous Materials into the environment.
Seller's Initials:
7556(fi 7.DOC 11
Buyer's lnitials
[.owe's Kenai Peninsula: City oCKenai Parcel
Octoba 10, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTIES (
EXRIBIT A ~
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EXHIBIT B
Legal Description
LOT A, BARON PA12IC, 2006 REPLAT, ACCORDING TO THE OFFICIAL PLAT
THEREOF, FILED UNDER PLAT NUMBER 2006-25, RECORDS OF KENAI
RECOIZDING DISTRICT, THIRD JUDICIAL DTSTRTCT, STATE OF ALASKA
TAX PARCEL NtTMBER: 043-360-44
755016_7.DOC Lowe's Kenai Peninsula: City of Kenai Parcet
Octobu 11, 2006
NOT BINDING LNTIL EXECUTED B Y ALL PARTIES
EXHTBIT C
Form of Memorandum of Agreement
Recording Requested By
And When Recorded, Return To:
Paul M. Harman
Jones Waldo Holbrook & McDonough
170 South Main Street, Suite 1500
Salt Lake City, UT 84101-1644
MEMORANDUM OF AGREEMENT
THTS MEMORANDUM OF AGREEMENT (this "Memorandum") is rnade and
entered into as of the day of , 200_, by and between THE CITY OF
KENAI, ALA5KA, a home-rule municipal corporation of Alaska ("Seller"), and
LOWE'S HIW, INC., a Washington corporation, ("Buyer") (individually, a"Party" and
collectively, the "Parties").
WHEREAS, Buyer and Seller have entered into that certain Purchase and Sale
Agreement of even date herewith (the "AgreemenY');
WHEREAS, the Agreement pertains to "Subject Properiy" located in the City
Kenai, Kenai Peninsula Borough, Alaska and more particularly described on Schedule I
attached hereto; and
WHEREAS, the Agreement provides for notice of its terms to be recorded against
the Subject Property in the official records of Kenai Peninsula Borough, Alaska;
NOW, THEREFORE, the Parties hereby give notice as follows:
1. Section 11 of the Agreement provides to Seller certain rights to repurchase the
Subject Property, on terms and conditions more fu11y set forth in the Agreement. The
right to repurchase the Subject Property shall terminate on the date three (3) years and
one (1) day after the date on which Buyer acquires fee ritle to the Subject Property unless
the Completion Date has been extended pixrsuant to Section 11.1 of the Purchase and Sa1e
Agreement. Any extension of the completion date under Secfion 111 shall add the
equivalent amount of tirne to the Termination Date of the Right of Repurchase. Upon
expiration of the termination date, Seller will recard at Buyer's request an appropriate
document acknowledging termination of the Right of Repurchase.
75501fi_7.DOC 1( I.owe's Kenai Peninsula: City ofKenai Parcel
Oofober I0, 2006
NOT BTNDING UNTIL EXECUTED BY ALL PARTIES
Signature Page for Seller:
IN WITNESS WHER~OF, the parties hereto have executed this Agreement under
seal as of the date first above written.
SELLER:
CITY OF KENAI, ALASKA
a home-rule municipal corporation of
Alaska
By:
Name:
Title:
STATE OF )
) ss.
BOROUGH OF )
ON THIS day of , 200~ before me, the undersigned, a
Notazy Public in and for said Borough and State, personaIly appeared
, Yo me personally known to be the person described in
and who executed the foregoing instrusuent, who, being by me first duly sworn, stated
that he/she is the of , a
, and that helshe executed such instrument on behalf of said
corporation by authority of its board of directors, and said person acknowledged to me
that he/she executed such instrument as the act and deed of said corparation.
IN WIT'NESS WHEREOF, I have hereurno set my ha~id and affixed my official
seal the day and year 1asY abov~ writTen,
Notary Public
Printed Name:
My Commission Expires:
7550I6_7.DOC 15 Lowe's Kenai Peninsula: City of Kenai Parcel
October ]0, 2006
NOT BINDING UNTIL EXECUTED BY ALL PARTIES
Signature Page for Bnyer:
STATE OF )
) ss.
COUNTY OF )
LOWE'S:
Lowe's HIW, Inc.,
a Washington corporation
By:
Name:
Title:
ON THIS day of , 200~ before me, the undersigned, a
Notary Public in and for said County and State, personally appeazed
to me personally known to be the person described in
and who executed the foregoing instrument, who, being by me first duly swom, stated
that helshe is the of LOWE'S HIW, INC., a Washington
corporation, and that he/she executed such instrument on behalf of said corporation by
authority of its board of directors, and said person acknowledged to me that he/she
executed such instrurnent as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
Notary Public
Printed Name:
My Commission Expires:
755016 7.DOC . 16 Lowe's Kenai Peninsula: City of Kenai Parcei
~ Ocioba ]0, 2006
NOT BINDING UNTTL EXECUTED BY ALL PARTIES
SCHEDULE T TO EXHIBIT C
Legal Description
LOT A, BARON PARK, 2006 REPLAT, ACCORDING TO THE OFFICTAL PLAT
THEREOF, FILED UNDER PLAT NUMBER 2006-25, RECORDS OF KENAI
RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA
TAX PARCEL NUMBER: 043-360-44
755016 7.DOC 1 ~ I.owe's Kenai Peninsula: CiTy of Kenai Parcel
~ October 11, 2006
_
, Suggested by: Administration
CITY OF KENAI
ORDYNANCE NO. 2195-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAt MUNICIPAL CODE AT KMC 1422A10 (LAND USE TABLE) AND 14.20.320
TO PROVIDE FOR RESIDENTIAL DEVEIAPMENT OF UP TO SEVEN OR MORE
FAMILY DWELLINGS AS A SECONDARY USE IN THE CENTRAL MIXED USE ZONE
AND PROVIDING FOR A DEFINITION OF "SECONDARY USE."
WHEREAS, the City of Kenai has created a Central MiYed Use Zone (CMU) at KMC
14.25.125; and
WHEREAS, allowing residential development in the CMU Zone as a secondary use
would further the concept of a mizced use area; and
WHEREAS, aliowing residential development as a secondary use would require the
development to be coupled with a principal pemutted use; and
WHEREAS, a principal permitted use requiring a landscaping/site plan review should
include the secondary use in those plans; and
WI-IEREAS, the definitions section in KMC 14.20.320 should include a definition of
"secondary use.°
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 14.22.010 and 14.20.320 are amended as shown in Attachments A
and B.
PASSED BY THE COUNCIL OF THE CI1'Y OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATPEST:
Carol L. Freas, City Clerk
Introduced: October 17, 2006
Adopted: November i, 2006
Effective: December l, 2006
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,- - 14.22.010 Land Use Table Footnotes:
l. Allowed as a secondary use except on the ground floor of the part of the building fronting
on collector streets and major highways. Commercial or industrial development which
falls under the landscaping/site plans requirements of KMC 14.25 shall include any
secondary uses in the landscaping and site plans.
2. One (1) single-family residence per parcel, which is part of the main buildin~.
3. Allowed as a conditional use, subject to satisfying the following conditions:
a. The usable area per dwelling unit shali be the same as that required for dwelling units
in the RS zone;
b. The site square footage in area must be approved by the Commission;
c. Yards around the sife, off-street parking, and other development requirements shall be
the same as for principal uses in the RR zone;
d. WaEer and sewer facilities shall meet the requirements of all applicable health
regulations;
e. The proposed dwelling group will constitute a residential area of susfained
desirability and stability; will be in harmony with the character of the surrounding
neighborhood, and will not adversely affect swxounding property values;
£ The buildings shali be used only for residential purposes and customary accessory
uses, such as garages, storage spaces, and recxeational and community activities;
g. There shall be provided, as part of the proposed development, adequate recreation
areas to serve the needs of the anticipated population;
h. The development shall not produce a volume of traffie in excess of the capacity for
which the access streets are designed;
i. The property adjacent to the proposed dwelling group will not be adversely affected.
4. See "Townhouses" section.
5. See "Mobile Homes" section.
6. Allowed as a eonditional use, subject to "Mobile Homes" section and provided that any
mobile home park meets the minimum Federal Housing Authority requirements.
7. See "Planned Ui1it Residential Development" section.
8. Allowed as a conditional use, provided thaC the proposed location and the characteristics
of the site will not destroy fhe residential character of the neighborhood.
9. Allowed as a conditional use, provided that all applicable safety and fire regulations are
met.
10. Provided that no part of any building is located nearer than thirty (30) PeeC to any
adjoining sCreet or property line.
11. Allowed as a eonditional use, provided that no part of any building is located neuer than
thirty (30) feet to any adjoining street or property line and provided further that Che
proposed location and characteristics of the use will not adversely affect the commercial
development of the zone.
12. Allowed as a conditional use, provided that the following conditions aze met:
a. The proposed locafion of the use and the size and chazacteristic of the site wili
maximize its benefit to the public;
b. Exits and entranees and off-street parking for the use are located to pxevent traffic
hazards on public streets.
Ordinance No. 2195-2006 Attachtnent A
Page 4 of 5
13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions
are adequate to assure that the use will not be a nuisance to surrounding pxoperties. The
Commission shall specify the conditions necessary to fulfiil this requirement.
14. Allowed as a conditional use, provided that no indication of said use is evident from the
exterior of the mortuary.
15. Ailowed, provided that the following conditions are met:
a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use
and any adjoining property in a residential zone.
b. Exits and entrances and off-street parking for the use shall be located to prevent
Yraffic hazards on the public streets.
16. See "Condi4ional Uses" section.
17. See "Conditional Use Permit for Surface Extraction of Natural Resources" section.
18. Conditional Use allowed only on privately held property. Not allowed on government
lands,
19. Deleted by Ordinance 2144-2006.
20. The airport related uses allowed under this entry are aircraft approach zones per KMC
14.20.070(a), except that for properties eontained inside the airporC perimeter fence or
having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA
authorized uses are ailowed.
21. Developmetiit for use shall be the same as those listed in the "DevelopmenY Requirements
Tables" for the RU/TSH zones.
22. Allowed as a conditional use in conjunction wiCh a permitted use in the ED zone. Fox
example, housing for teachers or students for a school in the zone.
23. A1lowed as an accessory use in conjunction with a permitted use in the ED zone. For
example, a dormitory used to house students for a schooi or educational facility.
24. Retail businesses allowed as a secondary use in conjunction with the primary use (e.g. a
gift shop ar coffee shop within another business).
25. Art studios, barbers, beauticians, dressmakers, dry cleaners and self-service laundries,
fitness centers, photographic studios, tailors, tanning salons and massage therapists.
26. Food services are allowed on a temporary or seasonal basis of noC more than four (4)
months per year.
Ordinance No. 2195-2006 Attachment A
Page 5 of 5
14.20.320 Definitions.
(a) GeneralInterpretation.
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" inciudes a corporation as well as an individual.
(4) The word "lot" includes the word "plot" or "parcel."
(5) The term "shall" is aiways mandatory.
(6) The woxd "used" ar"occupied" as applied to any land or building sha11 be
construed to include the words "intended," "arranged" or "designed to be used or
occupied."
(b) Specific Definitions.
"Accessory building" means a detached building, the use of which is appropriate,
subordinate, and customarily incidental to that of the main building or to the main
use of the land and which is located on the same lot as the main building or use. An
accessory building shall be considered to be a part of the main building when joined
Co the main building by a common waIl or when any aecessory building and the
main building are connected by a breezeway.
"Accessory use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel
of land.
"Administrative of~eiaP' means the person charged with the administration and
enforcement of this chapter.
"Agricultural building" means a building used to shelter farm implements, hay,
grain, poultry, livestock, or other farm produce, in which there is no human
habitation and which is not used by the public.
"Alley" means a public way designed and intended to provide only a secondary
means of access to any property abutting thereon.
"Alferations" means any change, addition, ar modification in construction,
Iocation, or use classificarion.
"Apartment house," see "Dwelling, mul2iple."
Ordinance No. 2 t 95-2006 Attachment B
Page 1 of 8
"Area building" means the total of areas taken on a horizontal plane aC the main
grade level of the principal building and all accessory buildings, exclusive of steps.
"Automobile wrecking" means the dismantling of used motor vehicles or trailers
or the storage or sale of parts from dismantled or partially dismantled, obsolete, or
wrecked vehicles.
"Bed and SreakfasP' means a residential, owner-occupied dwelling in which
rooms are rented to paying guests on an overnight basis with no more than one (1)
meal served daily.
°Boardinghouse" means a building other than a hotel where lodging, with or
without meals, is provided for coinpensation for three (3) or more persons, on othex
than day-to-day basis and whieh is not open to transient guests.
`Building" means any structure built for the support, shelter, or enclosure of
persons, animals, or property of any kind.
"Building Code" means the building code and/or other building regulations
applicable in the City.
`Building, existing" means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a legal building permit has been
issued.
"Building height" means the vertical distance from the "grade," as defined herein,
to the highest point of the roof.
"Building, principal or main" means a building in which is conducted the
principal or main use of the l02 on which said building is situated.
"Cabin rentals" means the renting out of one or more individual, detached
dwelling units or buildings to provide overnighf sleeping aeeommodations for a
period of less than Chirty (30) consecutive days.
"Centerline" means the line which is in the center of a public right-of-way.
"City" means the City of Kenai, Alaska.
"Colleetor sfreeY" means a street located and designed for the primary purpose of
caxrying through traff'ic and oF connecting major areas of the City. Unless otherwise
designated by the Commission, collector street shall be defined on the plan for
streets and community facilities in the comprehensive development plan.
"Commission" means the Kenai Planning and Zoning Commission.
Ordinance No. 2195-2006 Attachment B
Page 2 of 8
"Conditional use" means a use which is permitted under the terms of this chapter
provided that under the specified procedures, the Commission finds that certain
conditions, specified in this chapter are fulfilled. Conditional uses are listed in Che
Land Use Table.
"Condominium" means a common interest ownership dwelling in which:
(1) Portions of the real estate are designated for separate ownership;
(2) The remainder of the real estate is designated for common ownership solely
by the owners of those portions;
(3) The undivided interests in the common elements are vested in the unit
owners. In Yhe Land Use Table (KMC 14.22.010), "condominiums" shall be treated
as two or more family dwellings. For example, a four (4) unit condominium
building would be treated as a four (4) family dwelling.
"Coverage" means that percentage o£the total lot area covered by the building
area.
"Dwelling" means a building ox any portion thereof designed or used exclusively
for residential occupaney ineluding one (1) family, tcvo (2) family and multiple-
family dwellings, but not includingany other building wherein human beings may
be housed.
"Dwetling unit" means one (1) or more rooms and a single kitchen in a dweliing
designed as a unit for occupaucy by not more than one (1) family for living or
sleeping purposes.
"Dwelling, one-family" means any detached buildii~g containing only one (1)
dwellin~ unit.
"Dwelling, two-family" means any building containing only two (2) dwelling
units.
"llwelling, muttiple family" means any building containing three (3) or more
dwelling units.
"Essential service" means Yhe erecrion, construction, alteration, or maintenance by
public utility companies or municipal departments or commissions, of underground
or overhead gas, electrical, steam, or water transmission or distribution sysfems,
collection, communication, supply, or disposal systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cabies, fire alarm boxes, traffic signals,
hydrants, and other similar equipment and accessories in connection therewith. This
definition shall not be interpreted to niciude publie buildings.
Ordinance No. 2195-2006 Attachment B
Page 3 of 8
"Family" means any number of individuals living together as a single
housekeeping unit in a dwelling unit.
"Fence, height" means the verticaldistance between the ground directly under the
fence and the highest point of the fence.
"Fioor area" means the total of each floor of a building within the surrounding
outer walls but excluding vent shafts and courts.
"Frontage" means ai1 the property fronring on one side of a street between
intersection streets.
"Garage, private" means an accessory building or any portion of a main building
used in connection with residential purposes for the storage of passenger motor
vehicles.
"Garage, pnblic" means any garage other than a privafs garage, available to the
public, operated for gain, and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting, or equipping of automobiles or other vehicles.
"Grade (ground level)" means the average level of the finished ground at the
centcr of all walls to a building. In case walls are parallel to and within five (5) feet
of a public sidewalk, the ground level shall be measured at the sidewalk.
"Guest room" means any room in a hotel, dormitory, boarding, or lodging house
used and maintained to provide sleeping accommodations for one or more persons.
"Guide service" means any activity on any premises used for collecting or
returning persons from recreational trips when remuneration is provided for the
service.
"Home occupation" means an accessory use of a service character customarily
conducted with a dwelliiig, by the residents, which does not involve the conduct of
trade on the premises.
"Hotel" means a building or group of buildings containing more than five (5)
guest rooms used for the purpose of offering public lodging on a day-to-day basis
with or without meals.
"Junkyard" means any space one hundred (100) square feet or more of any lot or
parcel of land used far the storage, keeping, or abandonment of junk or waste
material, including scrap metals or other scrap materials, or for the dismantling,
demolition, or abandomnent of automobiles, other vehicles, machinery, or any parts
thereof
Ordinance No. 2195-2006 Attachment B
Page 4 of 8
"Loading space" means an off-street space or berth on the same lot with a
building or structure to be used for the temporary parking of conunercial vehicles
while loading or unloading merchandise or materiais.
"Lodge" means a building or group of buildings containing five (5) or fewer guest
rooms used for the piu•pose of offering public lodging on a day-to-day basis with or
without meals.
"Lot" means a parcel of land occupied or to be occupied by a principal use and
having frontage on a public street.
"Lot, corner" ineans a lot situated at the junction of, and bordering on, two (2)
inYersecting streets, two (2) plaYted rights-of-way, two (2) government easements, or
any combination thereof.
"Lot coverage" means Chat portion of the lot covered by buildings or structures
that require a building permit.
"Lot depth" means the horizontal distance separating the front and rear lot lines o£
a lot and at right angles to its width.
"Lot line, front-corner lot" means the shortest street line of a corner lot.
"Lof line, front-interior lot" means a line separating the lot from the street.
"Lot line, rear" means a line that is opposite and most distant from the front lot
line, and in Yhe case of irregular, triangular, or gore shaped lot, a line not less than
ten fee2 (10') in length, within a lot, parallel to and at the maximum distance from
the front lot line.
"Lot (ine, side" means any lot boundary line not a fi•ont lot line or a rear lot line.
"Lot width" meaivs the mean horizontal distance separating the side lot lines of a
lot and at right an~les to its depth.
"Manufactured housing" means a dwelling unit that mee2s Department of
Housing and Urban Development Standards for manufactured housing and is wider
than sixteen feet (16'), has a roof pitch of 4:12 or greater with rooFing and siding
common Co standard residential eonstruction and is transported to the site and placed
on a permanent foundation.
"Mobile home" means a structure, which is built on a pennanent chassis in
accordance with Department of Housing and Urban Development Standazds and
designed to be used as a dwelling unit, with or without a permanent foundation
when connected to the required utilities. A mobile home is subject to all re~ulations
Ordinance No. 2195-2006 Attachment B
Page 5 of 8
applying thereto, whether or not wheels, axles, hitch or other appurtenances of
mobility are removed and regardless of the nature of the foundation provided.
"Mobile home park" means a site with required improvements and urilities for the
long-term parking of mobile homes which may include services and facilities for the
residents.
"Modular home" means a dwelling constructed in modules or sections at a place
other thau the building site, built Co conform to Title 4 of the Kenai Municipal Code,
is transported Co the site and Yhen assembled and placed on a permanent foundation.
"Motel" means a group of one (1) or more detached or semi-detached buildings
containing two (2) or more individual dwelling units and/or guest rooms designed
for, ar used temporarily by, automobile tourists or transients, with a garage attached
or parking space conveniently locaYed to each uniY, including groups designated as
auto courts, motor lodges, ar tourist courts.
"Non-conforming lot" means a lot lawfully existing at the time Y1iis ordinance
became effective, which by reason of area or dimensions, does not meet the
development requirements for the zone in which it is loeated.
"Non-eonforming structure" means a structure or portion thereof, lawfully
existing at the time this ordinance became effective, which by reason of its yazds,
coverage, height, or other aspects of design, does not meet the development
requirements of this zone.
"Non-conforming use" means a use of a structure of land, or of a structure and
land in bombination, lawfully existing at the time this ordinance becasne e£fective,
or established on the premises of a previous non-conforming use as specified in this
chapter, which is not in conformity with the uses permitYed in the zone in which it
exists.
"Nursery, children's" means any home or institution used or maintained to
provide day care for children not more than seven (7) years of age.
"Parking space, privaCe" means any automobile parking space, excluding
garages, not less than nine feet (9') wide and one hundred eighty (180) square feet in
total area.
"Parking space, public" means an area of not less than one hundred eighty (180)
square feet exclusive of drives or aisles giving access thereto in area accessible from
streets and aileys far the storage of passenger motor vehicles operated by individual
drivers.
Ordinance No. 2195-2006 Attachment B
Page 6 of 8
"Person" means a natural person, his heirs, executors, adininistrators, or assigns,
and also including firm, partnership, or corporation, its or their successors andlor
assigns or the agent of any of the aforesaid.
"Planned Unit Residential DevelopmenY' means an alternative method of
development a residential neighborhood under more flexible conditions that other
xequired in a specific zoning disfrict.
"Principal use" means the major or predominant use of a lot or parcel of land.
"Profession" means an occupation or caliing requiring the practice of a learned art
through specialized lrnowledge based on a degree issued by an institution of hi~h
learning, e.g., Doctor of Medicine.
"Property owner" means Che owner shown on the latest tax assessmenT ro11.
"Recreational vehicle" means a vehicular-type unit, primarily designed as
temporary living quarters for recreational camping, or travel use, which either has
its own motor power or is mounted on or drawn by another vehicle. Recreational
vehieles include, but are not limited to travel trailers, eamping txailers, truck
campers, and motor homes.
"Recreationat vehicle park" means an area established by a conditional use
permit for the parking of two (2) or more recreational vehicles on a temporary basis.
"Secondarv use" (S~ means a use allowed on a lot or parcel of land onlv if there is
also an allowed principai use on the propert~
"Service station" means any building, structure, premises or other space used
primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other
small accessories; the insfallation and servicing of such lubricants, Yires, batteries,
and other small accessories; and such other services which do not cuswmazily or
usually require the services of a qualified automoYive mechanic.
"Sign" means any words, lettexs, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trade marks by which anything is
made known, such as are used to designate an individual, firm, association,
corporation, profession, business, or a commodity or product, which are visible
from any public street ox highway and used to attract aCtention.
"State highway" means a right-of-way classified by the State oP Alaska as a
primary or secondary highway.
"SYreet" means a public right-of-way used as a thoroughfare and which is
designed and intended to provide the primary means of access to property abutting
thereon.
Ordinance No. 2195-2006 Attachment B
Page 7 of 8
"Structure" means that which is built or constructed, an edifice or a building of
any kind, composed of parts joined together in some definite manner.
"Townhouse" means single-family dwelling units constructed in a series or group
of two (2) or more units separated from an adj oining unit by an approved parry wail
or walls, extending from the basement of either floor to the roof along the linking lot
line.
"Use" means the purpose for which land or a building is arranged, designed, or
intended, or for which either land or a building is or may be occupied or maintained.
"Variance" means the relaxation of the development requirements of this chapter
to provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his real property.
"Yard" means an open, unoccupied space, other than a court, unobstructed from
the ground to the sky, except where specifically provided by this ordinance, on the
same loT on which a building is situated.
"Yard, front" means a yard extending across the fuli width of the lot between the
front lot line of the lot and the nearest exterior wall of the building which is the
nearest to the front lot line.
"Yard, rear" means a yard extending across the full width of the lot between the
most rear main buiiding and the rear lot line.
"Yard, side" means a yard on each side of a main building and extending from the
front IoC line to the rear lot line. The width of the required side yard shall be
measured horizontally from the nearesC point Qf a side lot line to the nearest part of
the main building.
"Zoning change" means the alteration or moving of a zone boundary; the
reclassification of a lot, or parcel of land, from one zone to another; and the change
of any of the regulations contained in this chapter.
"Zoning ordinance or ordinances" means the zoning oxdinance of the City of
Kenai.
Ordinance No. 2195-2006 Attachment B
Page 8 of 8
_
Suggested by: Administration
CITY OF KENAS
ORDYNANCE NO. 2196-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1420.240(cI BY ADOPTING MOBILE HOME STANDARDS rOR MOBILE HOME
PARKS WITHIN THE CITY OF KENAI
WHEREAS, KMC 14.20.240(c) allows mobile homes for residential use in mobile home
parks within the City of Kenai, and,
WHEREAS, KMC 14.20.240(cj does not provide for minimum standards for mobile
homes brought into mobile home parks; and,
WHEREAS, such minimum standards would improve the safety, aesthetics and living
conditions in mobile homes in the City of Kenai; and,
WHEREAS, it is beneficial to residents of mobile home parks to provide for minimum
standards for such moUile homes; and,
WHEREAS, such minimum standards would Uenefit the mobile home parks and
nearby property; and,
VVHEREAS, it is in the best interest of the City of Kenai to provide for misiimum
standards for mobile homes in mobile home parks and,
WHEREAS, the mirumum standards adopted in this ordinance would apply to mobile
homes placed in mobile home parks after the effective date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 14.20.240(c) is amended to read as stated below.
14.20.240 Mobile Homes.
(cJ Mobile homes for residential use may be established only in mobile
home parks as pernutted in the Land Use Table, subject to the
followin~ mobile home standards.
(1j No mobile home mav be nlaced in a mobile home nas'k until it h
homes must meet the National Manufactured Home Construction
and Safetv Standards and displav a seal certifvin~ that it was built
accordin~ to such standards. Inspection may be done by
KMC 4.32.015-R105.5, a buildin~ permit for a mobile home shall
Ordinance No. 2196-2006
Page 2 of 4
$100. The fee shall cover the costs of the initial inspection and
(21
blocked as specified in this section, and mav have either factor~
built additions or additions that complv with the buildin~ code.
Such additions need not be placed on permanent foundations but
must be placed on preservative-treated wood or 8" bv 8" bv 8"
concrete pads or concrete masonrv units.
(3) Blockin~. In order that safe mountin~s for mobile homes which
inch thickness by four square feet of surface and of preservative
treated wood. Additional blocking used shall be a minimum of one
and one-half spuare feet but in no instance be lon~er or wider
than the block beneath. The block that is in contact with the
frame shall be a minimum of two bv six bv twelve inches nominal
size. Blockin~ may be laminated of material not less than two-
inches. The use of shims will be allowed provided the shim is of
the same len~th and width and len~th as the block above it and in
than four spuare feet in area at each point of Ulockin~. All such
concrete blocking shall be load-bearin~ blocks commonlV known
as Class A concrete blocks. Materials and methods of blockin~
the plumbing code as adopted in KMC 4.25.
set forth in this section.
Ordinance No. 2196-2006
Page 3 of 4
(4) Skirting. All moblle homes shall be skirted within 90 davs of
placement in a mobile home Aark. The skirtin~ shall be in such a
manner as to withstand the elements and all access openin s in
skirting shall be closed when not in use and made of solid panels.
(5) All entrances to a mobile home shall be qrovided with permanent
treated lumber. The entrance to an attached deck or similar
e~ctension shall be considered as an entrance to a mobile home.
An~piers used to provide stabilitv to a mobile home must meet
the requirement of the buildin~ code in effect at the time of
installation.
(6) Additions. Onlv one lean-to and one arctic entrv may be attached
to any mobile home provided thev meet the requirements of this
seclion. Additions mav not use the mobile home for structural
support. No lean-to or combination of lean-to and arctic entry
built or attached to anV mobile home in a mobile home park shall
have a floor area exceeding the floor area of the ori~inai mobile
home to which it is attached. No lean-to shall be constructed or
maintained of anv size or in anv position which violates the side
yard, rear yard, front yard or maximum allowable lot covera~e
re4uirements that are applicable in the particular zone or mobile
home park in which the mobile home and lean-to are located or
constructed within five feet of the next adjacent mobile home
space line. An arctic entrv is allowed at an e~t/entrV door from
the mobile home. Additions to moblle homes require a buildin~
pemut. Additions maV only be made to mobile homes meeting the
National Manufactured Home Construction and SafetV Standards
and disolayin~ a seal certifying it was bufft accordin~ to such
standards.
(7) Outbuildings and additional structures. Detached structures
shall not exceed two hundred sqnare feet. Detached structures
shall be separated from the mobile home space bv a minimum of
five feet and no closer than ten feet from anv mobile home or lean-
to or other buildin~ in the mobile home park. Detached
structures shall require a buildinE pernut as required under the
residential code adopted in KMC 4.32. The construction of lean-
tos and similar structures shall be accomplished onlv after
obtainin~ a buildin~ permit from the building official, and then in
accordance with the city's buildin~ code.
(8) SetUacks. There shall be a side vard of not less than 15 feet at the
entrv side of the mobile home, a side Vard of not less than 8 feet at
the non-entry side a rear vard of not less than 10 feet and a front
yard of not less than 10 feet.
(9) Space size. Each conventional sin~le-wide mobile home shall be
located on a plot/space havin~ an area of not less than 3,200
square feet and each double-wide mobile home shall be located on
a plot havin~ an area of not less than 4,200 square feet. A mobile
Ordinance No. 2196-2006
Page 4 of 4
home may not cover more than 40 percent of the plot/space size
for that mobile home.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of
November, 2006.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, Ciry Clerk
Introduced: October 17, 2006
Adopted: November 1, 2006
Effective: December 1, 2006
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210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 ! Fax: (907) 283-3014
www.ci.kenai.ak.us
l~/Ienc~orandur~r~
Date: October 4, 2006
To: Rick R. Koch, City Manager
From: Kim Howard, Assistant to the City Manager ~
RF.: Wal-Mart Lease Application - Request for Time Extension
Tract 1, Saron Park 2005 Replat
The lease application submitted by Lounsbury & Associates, Inc. on behalf of Wal-Marf, will
expire on October 28, 2006. Attached is their request for a six-month rime e~iension.
KMC 21.10.040 states "The application shall expire twelve months afler the application has
been made if a lease has not been entered into betweeii the City and the applicant by that time
unless the City Council fbr good cause grants an extension. No extension may be granted for
a period longer than six additional months."
Does Council wish 2o extend the lease applicarion for an additional six months?
Attachment
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October 3, 2006
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611-7794
Attention: Rick Koch, City Manager
Regarding: Wal-Mart Supercenter #4474-00, Kenai, AK
~ease Application
Request for Time Extension
Mr. Koch:
~ ~~`~~m~~;'`'~.`.~,~
~9Gf 4 ~truo
KE
The Kenai City Council unanimously approved the Iease application for development of a Wai-
Mart Supercenter in Kenai at its December 7, 2005, meeting. In March 2006, Council passed
an ordinance (No. 2149-2006) that stated lease applications expire after one year and may be
extended for six additional months for good cause. We understand Wal-Mart's lease
application expiration date is October 28, 2006. For the cause shown below, we respectfuily
request the Iease appiication expiration date be extended for six months.
In 2005, the US Army Corps of Engineers (USACE) responded to City of Kenai's request for a
Department of the Army (DA) wetland determination at Tract C, Baron Park #5 Subdivision
(the Property). At that time, the USACE issued a preliminary jurisdictionai determination (PJD)
suggesting the Property might contain wetlands under the Corps' regulatory authority. Section
404 of the Clean Water Act requires that a DA permit be obtained for the placement or
discharge of fill materiai into waters of the U.S., inciuding wetlands.
As part of Wal-MarYs due diligence efforts, a wetland scientist from Shannon & Wilson
(Lounsbury's subconsultant) visited the Property in early June 2006 to identify and delineate
the potential wetland and upland areas. Based on the field delineation efforts, approximately
1.5-acres were identified as wetland. Subsequently, the delineation report and request for
jurisdictionai determination were submitted (7/6/06) to the Corps of Engineers. In late August,
the Corps requ~sted an adjustment to one cf the delineation points along the eas#ern wetland
boundary. Upon completing the adjustment, Shannon & Wilson submitted (9/11/06) an
addendum to USACE; on September 25, the agency provided written response similar to that
provided to the City in 2005. Since then, Shannon & Wilson sent correspondence to the
Corps' requesting clarification of the PJD. Apparently, the Alaska District of the USACE
cannot issue an approved jurisdictional determination because they are waiting for guidance
from the USACE headquarters in response to the June 19, 2006, Rapanos/Carabell Supreme
Court decision. A PJD is not subject to appeal.
Based upon the site pian submitted with the lease application and delineated wetlands, Wal-
Mart must apply for a DA permit. The permitting process requires that Wal-Mart identify the
least environmentally damaging practicable alternative. Assuming the City grants a time
extension, we will prepare and submit the permit application for agency approval.
Wal-Mart Supercenter #4474-00, Kenai, A6C
October 3, 2006
P. 2
If you have any questions, please cali my office directly at (907) 357-9132.
Sincerely,
unsbury & Associates, Inc.
r "-3t~~`~
Tom Adams, P.E.
Project Manager
Cc: Roger Thompson, Wal-Mart Stores, Inc.
Steve Dyer, Wal-Mart Stores, inc.
Chris McNichols, Gust Rosenfeid PLC
Greg Johnson, Bonds, Stephens & Johnson
Carey Graves, City of Kenai
File: 05-042.B.City of Kenai
Cfile: P:\2005\05-042\B_corresp\City of Kenai\Time Extension Request.doc
lounsb~ry ~ associates, in~~
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I/cl~a9e wctl~ a Past, ~'cty wctti ~
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 „~
Telephone: 907-283-7535 / FAX: 907-283-3014 ~'~~~~
i992
ME~O:
TO: City Councii
~ FROM: Rick Koch
DATE: October 12, 2006
SUBJECT: Personal Property Sales Contract, TermBnation of Lease and
ManagemenUOperations Agreements, and Transition
Services Agreement with AAI Services
The purpose of this correspondence is to recommend the Council authorize the ciYy
manager to execute the above referenced agreement.
AAI Services has informed the City they no longer desire to operate and maintain the
Fire Training Faciiity (PRISM) past the expiration date of the present facilities
managemenY agreement (December 31, 2006). This agreement allows for the orderly
iransiYion of management responsibilities and purchases the necessary equipment to
continue a full-range of training opportunities.
This agreement provides for t1~e following:
1. The purchase by the City from AAI Services two industrial fire-training props.
The Firetrainer 0-250 provides industrial, pressure vessel fire training, and Yhe
Kidde T-2000 provides mulYi-story, structural fire training. The estimated
value of these fire training props is $ 450,000-$ 650,000.
2. The purchase Uy the City from AAI Services all other equipment and
materiais owned by AAI Services and used in the operations of the faciliCy.
These items are idenrified in Attachment "A" to the aga•eement. The
replacement cost of these items is in excess of $ 1 million, and estimaYed
value is $ 400,000-~ 600,000.
3. Mutual rescission of a lease given by fhe City to AAI Services for
approximately one acre of property within the Fire Training Facility.
4. Payment ii1 the amount of ~a 250,000 from the City to AAI Services for all
equipment and materials identified in numbers one and two above.
The facilities management~agreement with the State of Alaska provides for re-payment
schedule of the $ 250,000 to the airport fund, at ~ 25,000 per year.
Thank you Por your attention in this matter.
PERSON.4L PROPERTY SALES CONTRACT, T~RMINATION OF LEASE AND
MANAGEMENT/OPERATIONS AGREEMENTS, AND TRANSITION SERVICES
AGREEMENT
THIS AGREEMENT made this day of , 2006, between Che C~ITY OF
KENAI (hereinafter "Purchaser"), azi Alaskan municipal corporation, 210 Fidalgo Avenue,
Kenai, AK 99611, and AAI Services Cor~~oration (formerly Irnown as AAI/Engineering Supporf,
Ina}, a Maryland corporation, with ofFices at 318 Clubhouse Lane, Suite 1010, Hunt Valley, MD
21031 (hereinaftex "Seller").
L The Seller, AAI Services Corporation ("AAI Services"), changed its name from AAI
Engineering Services, Inc. in October, 2004. AAI Services is entitled to all the righY;s and
responsible for all obligations and liabiliYies of AAI Engineering Seivices, Inc., including all
those contained in agreements previously entered into in the name of AAI Engineering Services,
Ine. with 2he Purchaser, the City of Kenai.
2. The Property. The Seller has agreed to sell and the Purchaser has agreed to buy: (1) an
industrial trainer (consisting of an Industrial-Propane FIRETRAINER 0-250 and all related
parts, controls and components) and the blue, multi-story, structural fire-trainuig builcting
(consisting of the T-2000 `Burn Building" and all related parts, eontrols and components)
Iocated at the Pacific Rim Institute of Safety Management (PRISM) facility at 450 Marathon
Road, Kenai, Alaska, including all fixtures to and equipment, hardware, and software located in
the buIldings; and (2) the personai property listed on Exhibit A(collectively, the "Rea1 a~id
1'ersonal Property").
3. Purchase Price. The purchase price for the Real and Personal Property shali be TWO
I3LJNDRED FIFTY THOUSAND DOLLARS ($250,000) (the "Purchase Price").
PERSONAL PROPERTY SALES CONTRACT ~ Page I of 5
4. As soon as practicable following execuCion of tlus Agreement, but in no event later than
November 1 S, 2006, Seller shall sell, transfer and deliver to Purchaser fhe Reai and Personal
Property immediately upon Seller's receipt of the Purchase Price payment from Purchaser (the
"Txansfer Date"). The Purchaser wi11 accept delivery of ihe Real and Personal Property at its
cun~ent location aY 450 Marathon Road, Kenai, Alaska.
5. iVlutual Reseission. As part of this Agreement, the Purchaser and Seller shall execute a
Mutual Rescission of Lease for that certain lease between the Purchaser and Seller dated
November 6, 1997 and recorded at Book 0574, Page 738 in the Kenai Recording District at
Kenai, Alaska ("Lease") (see Exhibit B). The Parties agree that the Mutual Rescission of Lease
shall effectuate an immedia2e termination of the Lease as of the Transfer Date.
6. The ManagemenUOperations Agreement between the Purchaser and Sellex entered into
October 8, 1998 ("Management Agreement") shall terminate simultaneously with the Lease on
the Transfer Date. Purchaser shall promptly pay to Seller all accrued but unpaid fees owed to
Seller under the Management Agreement through the date of tetimination
7. Followin~ termination of the Lease and Mana~ement Agreement, Seller shall provide
mutually agreed transition services to Purchaser, including training in the use of the Rea1 and
Personai Property aud assistance in understanding eustomer Iists and any other business reeords
provided by Seller to Purchaser at the time of the transfer of the Real and Personal Properiy.
Seller shall provide such transition services to Purchaser for a period not to exceed six weeks
from the date of terminafion or until December 31, 2006, whichever date occurs first, using the
services of no more than the thxee (3) full-time personnel of AAI Services Corporation currently
employed at the location of the Personal Property. Seller shall provide such transition services at
no cost Yo Purchaser in a workmanlike and professional manner, but with no other warranties,
express or implied as to such services.
PERSONAL PROPSRTY SALES CONTRACT Page 2 of 5
8. Warranties of the Se(ler. The Se11er hereby warrants and represents to the~Purchaser
that:
(a) The Seller owns and has good and marketable ti~ie to the properTy being eonveyed
herein, free and clear of any pled~es, Iiens, judgments, encumbrances, security interests,
claims or contract rights, and further promises and covenants to refrain from so
encumbering same from the date of execution of fliis agreement until closing;
(b) No approval or consent of any third person is required to effecT The sale;
(c) The exeeution and performance of this agreement will not violate any a~reemen2s
to which the Seller is a parCy or any fedexal, state ar local laws, rules ar regulaYioils;
(d) The Se1ler's representations, warranties and agreements shall be tru~e and~ complete
as of the date hereof and as of the closing and shall survive the closing and the
transactions contemplated by this agreement.
9. Seller's Disclaimers of Warranty. Seller is 2ransferring and furnishing the Real and
Personal Property to Purchaser "as is" in its present condition, without any warranty, express ox
im~lied, including any warranty of iYs condition, usefulness, fitness for a particular purpose, or
merchanYability.
10. Broker. Both the Seller and the Purchaser warrant and represent that no broker was
involved in negotiating this ~urchase and sale, and both the Seller and Yhe Purchaser agree to
indemnify and hold each other harmless against any and all ciaims for brokerage.
11. No further obligations. Following termination of the Lease and Management
Agreement, the Purchaser and Se11er aclrnowledge that they havc no further obligations ox
iiabilities to eaeh other, except ihose specificaliy stated in this Agreement or which expressly
survive termination of the Lease or Management A~reement under the terms of those
agreemenYs.
PERSONAL PROPERI"Y SALES CONTRACT Page 3 of 5
12. Benefit. This agreement shall be binding upon and inure to the benefit of the parties
hereto aud their legal representatives, successors and assigns.
13. Interpretation. This agreement shall be interpreted in accordance with the laws of'the
State of Alaska.
14. Entire Agreement. This agreement contains the entire understanding of the parties. It
may not be changed orally. This agreement may only be amended or modified in writing and
with such writing being executed by boCh parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement Yhe day and year first
above written.
CITY OF ICENAI
By:
Rick R. Koch
City Manager
AAI SERVICES CORPORATION
By:
Patrick F. Truitt
Vice President Operations
Approved as to form:
Cary R. Graves, City Attorney
Lawrence A. Semmens, Finance Director
PERSONAL PROPERTY SALBS CONTRACT Page 4 of 5
STATE OF ALASKA )
)ss
THIRD 7UDICIAL DISTRICT )
THIS IS 'I'O CERTIFY that on this day of 2006, RICK R. KOCH,
Kenai City Manager, being personally known to me or having produced satisfactory evidence of
identification, appeared before me and aclrnowled~ed the voluntary and authorized execution of the
foregoing instrument oi~ behalf of said City.
Notary Public for Alaska
~vly Commission Expires:
~ 'I`HIS IS TO CERTIFY that on tl~is day of 2006,
~~~ ~, President, AAI Scrvices Corporation, , being personally known to me or
having produced satisfactory evidence of identification, appeared before me and acknowledged the
voluntary and authorized execution of the foregoing instrument on behalf of said Corporation.
Notary Public
My Commission Expires:
PERSONAL PROPFRTY SALES CONTRACT Page 5 of 5
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AtCachrnent "B"
MUTUAL RESCISSION OF LEAS~
AAI Services Corporation, formerly known as AAI/Engineering Support,
Inc., a Maryland coiporation, 318 Clubhouse Lane, Suite 1010, HunC Valley, MD
21030 (hereinafter "Lessee"), and the City of Kenai, an Alaska municipal
corporation, 210 Fidalgo Avenue, Kenai, AK 99611-7794, do hereby mutually
rescind that certain lease dated November 6, 1997 and recorded at Book 0574 Page
738 in the Kenai Recording District at Kenai, Alaska, on January 6, 2000, which real
property is described as:
Approximately a one-acre site within a portion of Baron
Park Subdivision, Fire Addition (a resubdivision of Tract
A-1 and A-2, Baron Park Subdivision No. '7), situated in
Yhe West ha1f, Section 33, Township 6 North, Range 11
West, Seward meridian, Kenai Recording District, State of
Alaska.
In consideration of the mutual reseission of said lease, AAI/Engineering
Support, Inc. and the City of Kenai are each and finally diseharged as to the other on
said lease. Lessee will be responsible for payment of 2006 property taYes on the
above-described property.
This mutual rescission shall be effective on 2006.
~~~~ MUTUAL RL'SCISSION OF LEASE Page 1 of 3
Attachment "B"
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year f xst above written.
CITY OF K~NAI
By:
Riclc R. Koch
City Manager
AAI SERVICES CORPORATION,
FORiYIERLY KNOWN AS
AAI/E?~TGINEERING SUPPORT, IIvC.
By:
President
STATE OF ALASKA )
)ss
THIRD NDICIAL DISTRICT )
THIS IS TO C~RTIFY that on this day of 2006, RICT{
R. KOCH, Kenai City Manager, being personally known to me or having produced
sarisfactory evidence of identification, appeared before me and acknowledged the
voluntary and authorized execution of the foregoing insirument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
MUTUAL RESCISSION OF LEASE Page 2 of 3
Attachment `B"
STATE OF ALASICA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTLFY that on this day of 2006, ~
, President, AAI Services Corporation, formerly knoum as
AAUEngineering Support, Inc., being personally known to me or having produced
satisfactory evidenee of identifieation, appeared before me and acknowl~dged the
voluntary and authorized execution of the foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
MUTUAL RESCISSION OF LBASE Page 3 of 3
COUNCIL ON AGING 'rr,
OCTOBER 5, 2006
KElVAI SEiVIOR CENTER
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
%TEM 3: APPROVAL OF MEETING SUMMARY -- September 3, 2006
YTEM 4: PERSONS SCHEDULED TO BE HEARD
a. Iielen Simmons, National Caregivers Association -- Community
Support Group
b. Celia Anderson, Kenai Peninsula College -- Joint Art Project
ITEM 5: OLD BUSINESS
YTEM 6: NEW BUSINESS
a. Discussion -- Center Activities/Fundraisers
b. Discussion -- Site Review Update
c. Discussion -- Capital Improvement Project Nominations
ITEM 7:
a. Council on Aging Chair
b. Director
c. Council Liaison
ITEM 8: QUESTIONS & COMMENTS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Council Action Agendas of September 6 and 20, 2006.
ITEM 11: ADJOURNMENT
COUNCYL ON AGING
OCTOBER 5, 2006
KENAI SENIOR CENTER
7:00 P.M.
CHAIR BII.L 03BORN, PRESIDING
MEETING SUMMARY
I'TEM 1: CALL TO ORI9ER & ROLL CALL
Chair Osborn called the meeting to order at appro~mately 7:00 p.m. Roll was
confumed as follows:
Members present: J. Hollier, L. Flowers, R. Jurgensen, G. Kuntzman, B.
Osborn, B. Friend
Members absent: E. Jones and F. Wilson
Others present: Council Member M. Boyle, Department Assistant K.
Romain
A quorum was present.
YTEM 2: AGENDA APPROVAL
MOTION:
Member Jurgensen MOVED to approve the agenda as presented and Member
Kuntzman SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- September 7, 2006
MOTION:
Member Jurgensen MOVED to approve the meeting summary as presented and
Member Flowers SECONDED the motion. There were no objections. SO
ORDERED.
YTEM 4: PERSONS SCHEDULED TO BE HEARD
4-a. Eielen Simmons, National Cazegivers Association -- Community
Support Group
Ms. Simmons explained the National Caregivers Association addresses needs of
caregivers; they have clients from Seward to Homer; clients are 60+ and 59 and
under if Alzheimer-related disorders are involved; meetings are monthly; they
make referrals to other agencies as needed; and, announced an open house
would take place at the Soldotna Senior Center on National Caregiver
Appreciation Day. It was also noted, the Kenai Senior Center would be hosting
the November support meeting.
4-b. Celia Anderson, Kenai Peninsula College -- Joint Art Project
Ms. Anderson discussed the partnership project between the College and the
Center; last year's project impacted students' lives by showing how busy and
active seniors can be; and, announced a joint reception for art projects on
Sunday, December 4 to be held at the Senior Center.
ITEM 5: OLD BUSINESS -- None.
ITEM 6: NEW BUSINESS
6-a. Dascussion -- Center Activities/Fundraisers
Department Assistant Romain noted upcoming fundraisers, including the
Murder Mystery Dinner in partnership with Kenai Perforxners. Discussion also
took place related to possible November pie sales.
6-b. Discussion -- Site Review Update
Romain reported a site review by the State Department of Health and Social
Services was held and the Center received very positive comments, i.e. facility,
food and activities.
6-c. Discussion -- Capital Improvement Project Nominations
Upon discussion, the members nominated the following capital improvement
projects:
• Additional office space.
• Garage for Center vehicles.
• Snow shield for front drive.
• Garages for congregate housing
• Remote starts for Center vehicles
• Lighting for display case.
ITEM 7:
7-a. Council on Aging Chair -- No comments.
7-b. Director -- Romain reported the following:
COUNCIL ON AGING MEETING
OCTOBER 5, 2006
PAGE 2
• 1~vo part-time employees (funded through grants) were hired to
assist staff at the front desk.
• Approximately 3,500 meals were served in August.
• Meal service has increased 105% in nine years.
7-c. Council Liaison -- Council Member Boyle reported, with the recent
election, council may be reassigned liaison positions. He noted, he enjoyed his
participation with the Council on Aging.
ITEM S: QUESTIONS & COMMENTS -- None.
YTEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None.
ITEM 10: INFORMATION
10-a. Council Action Agendas of September 6 and 20, 2006.
ITEM 11: ADJOURNMENT
MOTION:
Member Jurgensen MOVED to adjourn and Member Kuntzman SECONDED
the motion. There were no objections. SO ORDERED.
There being no further business before the membership, the meeting adjourned
at approximately 8:30 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
COUNCIL ON AGING MEETlNG
OCTOBER 5, 2006
PAGE 3
KENAi HAREOR COMMISSION MEETING
OCTOBER 9, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
+
YTEM 1: CALL TO ORDER & ETOLL Ct~LL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- September 1 l, 2006
ITEM 4: PERSONS SCHEDULED TO BE IiEARD
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSYNESS
a. Discussion/Recommendat'son -- Capital Improvement Project
Nomulations
ITEM 7: REPORTS
a. Public Works Manager
b. Dock Foreman
a City Councll Liaison
ITEM ~: COMMISSIONER COMMENTS/f,~UESTIONS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. Kenai City Council Action Agendas of September 6 and 20, 2006.
ITEM 11: ADJOURNMENT
KENAI HARBOR COMMISSION MEETING
OCTOBER 9, 2006
CITY COUNCIL CHAMBERS
7:00 P.M.
CHAYR TOM THOMPSON, PRESIDING
MEETING 5U Y
ITEM 1: CALL TO ORDER & ROLL CALL
Chair Thompson called the meeting to order at approximately 7:00 p.m. Roll was
confirmed as follows:
Commissioners present: B. Osborn, S. Romain, R. Canady, and T. Thompson
Cornniissioners absent: B. Eldridge, G. Foster
Others present: Public Works Manager K. Kornelis
Note: At the September Harbor Commission meeting, Commissioner Eidridge reported he
wouid be absent from this meeting. Commissioner Foster teiephoned on 10/4/OG to
inform adminisiraiion he would be in Seattle and not be able to attend the meefing.
A quorum was present.
YTEM 2: AGENDA APPROVAL
MOTION:
Commissioner Osborn MOVED to approve the agenda as presented and Commissioner
Romain SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- September 1l, 2006
MOTION:
Commissioner Romain MOVED to approve the September 11, 2006 meeting summary
and Corruriissioner Canady SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4: PERSONS SCHEDULED TO BE FiEARD - None.
ITEM 5: OLD BUSINESS -- None.
ITEM 6: NEW BUSINESS
6-a. Discussion/Recommendation -- Capital Improvement Project
Nominations
It was noted, a work session to review all Capital Improvement Project Nominations
would be held on October 25, 2006 immediately following the Planning & Zoning
Coirunission meeting.
MOTION:
Commissioner Osborn NlOVED the Harbor Cornmission suggests the Kenai Bluff
Erosion Project be approved and be the number one project. Coininissioner Romain
SECONDED the motion. There were no objections. SO ORDERED.
Kornelis reported representatives from the engineering consultant had been in Kenai
locating monitoring well sites.
MOTION:
Comnussioner Osborn MOVED the Harbor Conunission suggests that asphalt paving at
the Boating Facility around the dock, boat ramps, and restrooms, be the Harbor
Comnussion's number two project. Coinmissioner Romain SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 7: REPORTS
7-a. Public Works Manager -- Kornelis reported the following:
• The Boating Facility was winterized.
• The facility is currently accessible and would Ue locked when it snows,
but will allow access upon request.
Discussion followed related to the dip net operation at the Boating Facility and it was
noted the facility was very much improved with the placement of the additional boat
launch ramps and floats, new exit road, and parking.
7-b. Dock Foreman -- No report.
7-c. City Council Liaison -- No report.
ITEM S: COMMISSIONER COMI~~NT5/QUESTIONS -- None.
ITEM 9: PERSONS NOT SCHEDULED TO BE HE14RD -- None.
ITEM 10:
10-a. Kenai City Council Action Agendas of September 6 and 20, 2006.
ITEM 11:
I-I1IRBOR COMMISSION MEETING
OCTOBER 9, 2006
PAGE 2
MOTION:
Corrunissioner Romain MOVED to adjoum and Coinmissioner Canady SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting adjourned at
approximately 7:30 p.m.
Meeting summary prepared and submitted by:
Carol L. Freas, City Clerk
IIARBOR COMMISSION M~ETING
OCTOBER 9, 2006
PAGE 3
~~
KENAI LIBRARY COMMYSSYON
KENAI COUNCIL CHAMBERS
OCTOBER 3, 8006
7:00 P.M.
AGENDA
ITEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUIIRMARY -- August 1, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
a. Rick Koch, City Manager -- Update/Proposed Library Eacpansion
ITEM 5: OLD BUSINESS
ITEM 6: NEW BUSYNESS
a. Discussion -- Capital Improvement Project Nomination
b. Discussion -- Holiday Closure
ITEM 7: REPORTS
a. Director
b. Friends of the Library
c. City Council Liaison
ITEM 8: COMMISSION COA~IlVIENTS/QUESTIONS
ITEM 9: PERSONS NdT SCHEDULED TO BE HEARD
ITEM 10: INFORNYATdON
a. Kenai City Council Action Agendas of September 6 and 20, 2006.
ITEM 11: ADJOURNMENT
KENAI L%BRARY CONIMISSION
KENAI COUNCIL CHAMBERS
OCTOBER 3, 2006
7:00 P.M.
CHAiR BOB PETERS, PRESIDING
MEETING SUNIMARY
ITEM l: CALL TO ORDER & ROLL CALL
Chair Peters called the meeting to order at approximately 7:00 p.m. Roll was
confumed as follows:
Cominissioners present K. Heus, E. Bryson, C. Brenekle, E. DeForest, B. Peters, R.
Gilman (arrived at 7:03 p.m.)
Coiiunissioners absent: C. Cook
Others present: City Manager R. Koch, Library Director M. Joiner, Council
Member R. Molloy
A quorum was present.
Y1'EM 2: AGENDA APPROVAL
MOTION:
Commissioner Brenckle MOVED to approve the agenda as presented and
Conunissioner Heus SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 3: APPROVAL OF MEETING SUMMARY -- August l, 2006
MOTYON:
Commissioner Brenckle MOVED to approve the meeting summary of the August l,
2006 meeting. Coxnniissioner Heus SECONDED the motion. There were no objections.
SO ORDERED.
YTEM 4: PERSONS SCHEDULED TO BE IiEARD
4-a. Rick Koch, City Manager -- Update/Proposed Library Expansion
Mr. Koch discussed the following items:
• Updated the Conunission on the status of each possible library site and
other possible sites that had not yet been discussed.
• Discussed Administration's intention of completing a survey after the
election to determine the level of public support of a library expansion.
• Encouraged Coininission to come forth with a single direction and
project.
Coiiunission comments included the following:
• Concerns noted in Soldotna's library looking for e~ansion funds at the
same time.
State bullding again noted as being a desired location.
4-b. Paul Turner (Spoke as a"Person Not Scheduled to be Heard")
Mr. Turner reported Friends of the Library passed a motion to ask the Coxrurussion to
make a request to the City to approach the legislature for money from the State.
Discussion included:
• Notification the Friends of the Librasy urged the library be on the Capital
Improvement Project list for the State.
• Suggestion a requesi be made for land purchase and site development.
• Suggestion to request seed money from the State.
• Suggestion the Commission drop the option of the State office building
and instead look to a new site.
MOTION:
Cormnissioner Bryson MOVED the Coinmission support a new site for the library and
request the Council to research and evaluate options, i.e. Lawton Acres Mental Health
17ust land. Commissioner Brenckle SECONDED the motion.
VOTE:
Heus Yes DeForest Yes Gilman Yes
B son Yes Peters Yes Brenckle Yes
Cook Absent
NlOTION PASSED UNANIMOUSLY.
Consensus of the Commission was for urging the City Council to request funding from
the State of Alaska in the amount of $2 million dollars for design and development of a
new library for the City of Kenai this year.
ETEM 5: OLD BUSINESS
ITEM 6:
6-a. Discussion - Capital Improvement Project Nomination
Comments included:
Change the project description to new construction.
Change costs to $10 to $12 million.
LIBRARY COMMISSION MEETING
OCTOBER 3, 2006
PAGE 2
Change annual maintenance to library budget.
Add State of Alaska bonds to recommended funding sources.
MOTION:
Cormnissioner Brenckle MOVED to approve changes to the Capital Improvement
Project Nomination list. Coinmissioner Bryson SECONDED the motion. There were no
objections. SO ORDERED.
6-b. Discussion -- Holiday Closure
No discussion noted.
ITEM 7: REPORTS
7-a. Director -- Library Director Joiner reviewed September and October's
monthly library reports.
7-b. Friends of the Library - Cominissioner Heus reported the following:
• Annual raffle ticket sales are going well.
. Friends are moving sale books out of the library on a regular basis.
• There are two positions available on the FYiends' board.
7-c. City Council Liaison - Council Member Molloy reviewed actions taken
by council during the September meetings, including increasing library budget by
$20,000 with State funds; code changes; appropriating $500 to library book budget;
and, airport and PERS issues.
ITEM 8:
DeForest -- Extremely pleased by change in code to Library Director.
Bryson -- Excited with FYiends of the Library's enthusiasm.
Heus - Hopes all will make it to the annual Friends' raffle.
Brenckle -- Picked up handouts at Homer library opening.
Gilman -- Likes the idea of a new location.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- (Paul Turner
spoke after City Manager Koch at "Persons Scheduled to be Heard.")
ITEM 10:
10-a. Kenai City Council Action Agendas of September 6 and 20, 2006.
ITEM 11: ADJOURNMEiVT
MOTION:
LIBRARY COMMISSION MEETING
OCTOBER 3, 2006
PAGE 3
Conunissioner Brenckle MOVED to adjourn and Coirusiissioner DeForest SECONDED
the motion. There were no objections. SO ORDERED.
There being no further business before the Cominission, the meeting adjourned at
approximately 9:02 p.m.
Meeting summary prepared and submitted by:
Jenifer C. Lockwood, Deputy City Clerk
LIBRARY COMMISSION MEETING
OCTOBER 3, 2006
PAGE 4
.~
.!.
KENAI PARKS & RECREATYON CONIMISSION SPECIAL MEETING
OCTOBER 5, 2006
CITY HAI.L COUNCIL CHAMBERS
T.00 P.M.
AGENI~A
%TEM 1: CALL TO ORDER & ROLL CALL
ITEM 2: AGENDA APPROV.4L
YTEM 3: APPROVAL OF MEETING SUMNfARY -- September 7, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
YTEM 5: OLD BUSINESS
ITEM 6: NEW BUSINESS
a. Discussion -- Capital Improvement Project Nominations
ITEM 7: REPORTS
a. Cousiziission Chair
b. Director
a City Council Liaison
ITEM 8: COMMISSION QUESTIONS 8c COMMENTS
ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD
YTEM 10: INFORMATION
a. Council Action Agendas of September 6 and September 20, 2006.
b. Beautification Corninittee Meeting Summary of September 12, 2006.
ITEM 11:
KENAI PARKS & RECREATION COMIVIISSION SPECIAL MEETING
OCTOBER 5, 2006
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
CHAIR DALE SANDAHL, PRESIDING
MEETING SUMMARY
ITEM 1: CALL TO ORDER St ROLL CALL
Chair Sandahl called the meeting to order at appro~cimately 7:08 p.m. Roll was
confirmed as follows:
Comrnissioners present J. Beeson, D. Sandahl, T. Wortham, J. Foglia, D. Hagen
Comrrussioners absent: A. DeMello, J. Carroll
Others present: Parks & Recreation Director B. I+7ates
ITEM 2: AGENDA APPROVAL
The agenda was approved as presented.
ITEM 3: APPROVAL OF MEETING SUMMARY
The meeting summary of September 7, 2006 was approved as presented.
ITEM 4: PERSONS SCfiEDULED TO BE HEARD -- None
ITEM 5: OLD BUSINESS -- None
ITEM 6: NEW BUSINESS
6-a. Discussion -- Capital Improvement Project Nominations
Director Frates reviewed the Capital Improvement Project (CIP) Nominations from 2005
and requested new parks-related CIP nomination projects be brought forward for
discussion.
No new projects were presented and the Commission wished to rank and submit the
following from last year:
#2 Priority: Section 36 Sports Complex
#2 Priority: Cemetery land acquisition/development
#3 Priority: Playground equipment replacement
ITEM '7: REPORTS
7-a. Commission Chair - None
7-b. Director -- Discussed the Kenai River Marathon and noted relocation of
the fence off Main Street I.oop near the Community Garden.
7-c. City Council Liaison -- None
ITEM 8: CONiMISSEON f,~UESTION5 & COMMENTS -- None
YTEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None
ITEM 10:
10-a. Council Action Agendas of September 6 and September 20, 2006.
10-b. Beautification Cominittee Meeting Summary of September 12, 2006.
ITEM 11: ADJOURNMENT
There being no further business before the Coinniission, the meeting adjoumed at
approximately 7:50 p.m.
Meeting Summary prepared by:
Jenifer C. Lockwood, Deputy City Clerk
PARKS & RECREATION COMMISSION MEETING
OCTOBER 5, 2006
PAGE 2
KENAI BEAUTIFICATION COMMITTEE
OCTOBER 10, 2006
7:00 P.M.
KENAI COUNCIL CHAMBERS
AGENDA
s ~
ITEM 1: CALL TO ORI3ER & ROLL CALL
ITEM 2: AGENDA APPROVAL
TTEM 3: APPROVAL OF MEETING SUMMARY - September 12, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussson -- Future Beautification Ideas
ITEM 6:
a. Discussion/Recommendation -- Capital Improvement Project
Nominations
ITENi 7: REPORTS
a. Cominittee Chair
b. Parks & Recreation Director
c. Kenai City Councff Liaison
ITEM S: l~UESTIONS AND C011~~NTS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION
a. City Councff Aclion Agendas of September 6 and September 20, 2006.
b. Parks & Recreation Coinmission Meeting Minutes of September 7, 2006.
ITEM 11:
KENAI BEAUTIFICAT%ON COMNIITTEE
OCTOBER 10, 2006
7:00 P.M.
KENAI COUNCYL CHAMBERS
CHAIR MARILYN DIMMICK, PRESIDING
ITEM 1: CALL TO ORDER & ROLL CALL
Chair Diinmick called the meeting to order at approximately 7:10 p.m. Roll was
confirmed as follows:
Members present: M. Diiiunick, S. Hatch, H. Brown
Members absent: L. Seymour, P. Baxter, M. LeFebvre, and K. Shearer
Others present: Council Member Swarner and Parks & Recreation Director B.
FYates
Due to a lack of quorum of the members, the meeting was closed.
ITEM 2: AGENDA APPROVAL
ITEM 3: APPROVAL OF MEETING SUMMARY -- September 12, 2006
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5: OLD BUSINESS
a. Discussion -- Future Beautification Ideas
ITEM 6: NEW BUSINESS
a. Discussion/Recommendation -- Capital Improvement Project
Nominations
ITEM 7: REPORTS
a. Cormiiittee Chair
b. Parks & Recreation Director
c. Kenai City Council Liaison
ITEM 8: QUESTIONS AND COn~IIViENTS
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATYON
a. City Council Action Agendas of September 6 and September 20, 2006.
b. Parks & Recreation Commission Meeting Minutes of September 7, 2006.
YTElVY 11: ADJOURNMENT
The meeting was closed at approximately 7:11 p.m.
Meeting summaxy prepared and submitted by:
Carol L. Freas, City Clerk
BEAUTIFICATION COMMITTEE MEETING
OCTOSER 10, 2006
PAGE 2
D E P 7A~ ~A *T M E N T( ~O F
Co1Vl1~~~1.~
COMMUNITY AND
ECONOMIC DEVELOPMENT
Division of Community Advocacy
October 2, 2006
CERTIFIEDBETURN RECEIPT REQUESTED
7002 0510 0000 0452 0305
Mayor PaT Porter
210 Fidalgo Ave., St. 200
I~enai, P.I: 99611
RE: 2006 FULL VALUE DETERMINATION
Dear Mayor Porter:
~ -
Frank H. Mx~;Hon
WilAiam C. Noll,
Mrchael Black, Diracwr
f !f"rZ..~,.~~ 9 v ',. .....A
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d f"""`..^-..,...°"
tl
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As required by AS 14.17.510 (Public Schools Foundation Program) and AS 29.60.010 (State
~~ equalization of tax resources for munieipal services),~ Che Department of Commerce,
Community, and Economic Development has determined that, as of January 1, 2006, the full
and true value of taYable real and personal property within your municipality is as follows:
Real Property: $ 403,504,200
Personal Property $ 107,097,100
State Assessed Property (AS 43.56): $ 18,933,640
TOTAL:
529,534,940
This full value determination may be appealed adrninistratively by you within ftfteen {15)
days of receipt of this notice under the provisions of 19 AAC 30.092. In addition, AS
14.17.510 also allows for judicial review of the determination. If you have any questions
concerning this full value deYermination for 2006, please contact our office at 269-4605.
Sincerely,
_- ~
_.~,. ~,~. ~ ~
Steve Van Sant
State Assessor
550 W. 7th Avenue, Suixe 1770, Anchoi~age, Alaska 99 501-3 5 10
Telephone: (907) 269-4501 Fax: (907) 269-4539 "Text Telephone: (907) 465-5437
Emad: quesrions@commerce.state.akus Website: http://wwev.comm~ce.state.ak.us/dca/
_}
1
Kenai Community Library Monthly Report
October 2006
~ September CirculaYion Figures
AdultFiction 1747 InternetAccess t088
AdalY Non-Fiction 1292 Music ~ 124
Periodicals 66 Puzzles 3
)uvenile Ficfion 379 Videos 783
Juvenile NornRiction 192 DVDs 868
L~asy Fiction I101 Audio books 228
Basy Non-Fiction 194 Miscellaneous 60
( Total Print 4,971 ToYal Non-Print 3,154
Total Circnlation 8,125 Internet Express Use . 806
Totai Catalog Searches 5,393 Library Patronage....... 7,909 Persons
VolunYeers 15 Library Cards Issued September, 2006
Hours 134
Kenai 63
ToYal income 9/06 $1,155.85 Kasitof 3
Nikiski 10
Adu1C Programs.. 3 Persons ...... 31 Soldotna 24
Tours .... 2 Attendees...... 45 Sterling 3
YA Programs... 4 Participants., '71 Organization & Other 4
Children's Programs...20 Internef Only 2
Participants......381 Non-Resident 3
Total ll 2
We began children's story hours again in September with a revamped schedule. Corey is working with the
alternarive high schoo] through a grant Lo provide books. We have iniriated a Spanish story how~ in addition
to our popular Russian story hour. Corey is conducting Ywo story hours in the afternoons, which are
aYYracYing new members of the community to Yhe (ibrary and have Yerrific aYtendance. And, we have added
second Sunday stories for those Sundays when we do not have the Kenai Players performing.
The 2006 Contributions to Literacy in Alaska Awards (CLIA) were announced on Sunday, Sepfember 17,
200b at 7.J. Loussac Library in. Corey Hall of The ICenai Public Library was recognized by the Alaska
Center far the Book for her many literacy-related activities from story times for preschoolers to her dogged
pursuit of grants to bring new and innovative li2eracy and literature programs to young people on the Kenai
Peninsula.
7ulie Niederhauser aod I have worked on and submitted a grant proposal to fund a gaphic literature
worksl~op and are still trying to fnd a funder for foreign language materials. Corey submitYed an
application fo SYarbuc]<s to fund Native Storytellers and received $],000 (unsolicited) from ConocoPhillips
to fund a single seoryteller performance this year (last year fhey funded our Hawaiian storyteller.) Linda
Swamer gave us a copy of the grant proposa] thaY she wrote as a class project. This ~rant would fund a
makeover of the children's area. We are worl<ing Yo flush out inore detail before we submit this graut.
I will be attending the annual DirLead conferenee sponsored by the Alaska Library Association in
Girdwood from October 18 -21. They cover the cost of hote] and travel for this conference.
1Vlemorandum
To: Rick Koch
From: Jason Steen, Econ. Dev. ProjecY D~ector
DaYe: 10/11/2006
Re: Monthly Report
Aiehlights of Monthlv AcYivitV
Woxked with Education and Woxkfoxce DevelopmenY sub-committee further assessing Yhe physical
spaces available in the area for potential sites for collaboraYive effort with AVTEC.
Participated in my fust Economic Development District Board Meeting. Also researched some
background information in the issues this group addresses.
Put together and dis2ributed KEDS minutes/agenda. Created new contact spreadsheet for KEDS
members.
Offeied economic development plan advice/insight fox VISTA volunYeer Rob Rance in Seward.
Started work on VISTA quarterly report.
Continued extensive research fox WaterfrontRevitalizafion Workforce, gath~ing funding
information and implementation practices with responsible enYities.
Began work with George Ford and the HisYOxical Society on a pxoject aimed a relocaTing four cabins
at Fort Kenai To city owned land for preservation purposes.
Assisted Quality of Life Sub-Committee with making arrangements fot upcominou meeting.
(piease not that I was out of staYe for six working days during this period)
1 '
„~1'l~e ws't~t r~ Aast, ~i~ wc:t~t a Futu~°e"
210 Fidalgo Avenue, Kenai, Alaska 99611-7`~94
~~ , Telephone: 907-283-3692 / FAX: 907-283-3693
_~ `-
tl~ecfyof
KENA~ SKA
MEMORANDUM
To: Rick Koch, City Manager
From: Robert J. Frates, Parks & Recreaticm Directo
Date: October 10, 2006
RE: Mid-Month Report - October
Ice was installed and skating began on Sunday, October i~`. Reservations throughout the month
of October are solid. Director Frates has been having conversations with Mr. Rob Norman
(KPHA coach) who is interested in constructing a small warrning shack for female skaters.
Details are still being worked out.
The Kenai River Marathon on Sunday, October l~ was a success. Seventy-two (72) runners
signed up for the event and most ail attended the runner's orientation the night before. A KCHS
student, Kirk Louthan, completed his government hours by assisting the Director with putting
together a virtual tour (power point presentation) of the course. The KCHS Cross-Country
Running Booster Club provided the spaghetti feed and many other community volunteers
provided valuable assistance.
The softball greenstrip area has increased in size to the north, This was achieved by the
relocation of the community garden fence. Heavy rains have prevented crew from performing
much of the necessary dirt work needed.
Little League volunteers removed the roof of the Sr. League dugouY and parks crew backfilled
dugout with gravel in preparation for some remadeling. Work is scheduled to be completed by
volunteers this fall.
Andy has been coorclinating with two KCHS seniors wishing to complete their community
service work requirements with the department. One student is cleaning out circle planters and
planting spring bulbs; another is assisting with replacing bulbs in the pole decorations. Andy
was also able to install the gravel trail, pad, and picnic table at Elson Unity Trail Park.
Additionally, the departmenf has been busy with fall preparations, i.e., turning off waYcr,
winterizing facilities, cleaning out flower beds, cleaning and storing equipment, and trying to
wrap up some earlier deferred items.
MEMORANDUM
To: Rick Koch, City Manager
From: Rachael S. Craig, Senior Center Director
Date: October ll, 2006 ~
Subject: September Monthly Report
Tofal number of days rented in August 2006:
Total September Meal Count 2006 Served:
Tota1 Congregate Meals Served: 1,377
Total Home Meals Served: 1,718
Total Non-Seniors: 6
Total September Meal Count 2005 Served:
Total Congregate Meals Served: 1,390
Total Home Mea1s Served: 1,428
ToCal Non-Senior Meals: 12
A yeaz~ ago, meals were being cooked at the American Legion and brought eo the Center
dunng the kifchen renovation.
We had a total of 909 volunteer hours for the month of September.
We were not awarded our grant for additional office space. We rated 12 out of 18
applicaCions and DSDS awarded the Cop 10 scores. There was $450,000 available to be
distribneed.
United Way's Kick-0ff was Wednesday, September 13~h at the Chamber Luncheon. A
video was shown representing area agencies that are supported financially through United
Way. The goal for this year's campaign is $650,000. The Senior Center is a recipient of
fhe United Way. Pledge foims are available at the Kenai Seniar Center.
United Way's Days of Caring was held in September. Volunteers from Agrium built
wooden shelving for our shed. IC is wonderful to have organized bins with shelves thaC fiC
the bins! A big thanlc you to Agrium!
Seniors participated in a workshop on healthy living and lifestyles. This workshop was
sponsored by the hospiYal with Che center hosCing the event. We had 35 seiliors present
for the afternoon senior workshop and 52 people from the public attend in the evening.
We hope to conCinue our partnership with the hospital promoYing wellness and healYhy
lifestyle.
20 Seniors traveled to see fa11 colors and have dinner at Hope and 27 Seniors enjoyed a
Saturday train ride to ParCage Glacier and back fo Seward.
Flu shots will be given by the public health nurse on Tuesday, October 17 from 9a.m.
untii lp.m. '
Monthiv Report For October 17, 2006
Keith Kornelis. Public Works INanaper
Water Svstem Improvements: Hattenburg Dilley & Linnell (HDL) was in Kenai on September 21 and
took samples of many private welis for the water study.
Well No. 2 Teeatment: Orca Water Technologies submitted their report on coior removai at Weli 2. The
next step is a larger scale pilot test to better determine the treatment process. This is our oniy well that is
below the MCL for arsenic. It is also our highest producing weil.
DEC Reauests: DEC has sent us the priority points they gave our Municipal Matching Grant requests.
After chalienging their score on our project "New Water Transmission Main (Phase II), Water Treatment
Upgrade, and Sewer Main," we received an additionai 100 points for a total of 985.
Set Net Drive. McCoilum Drive / Aliak Drive. & Anstler Drive LID's: A letter has been sent to the
property owners explaining and asking for input on a reduction in scope to lower the cost of these
projects. McCollum/Aliak is in the engineering, surveying, and ROW stage. Set Net Drive bids were
rejected. The preliminary assessment role for Angler Drive has been given to the city clerk, but it may
need to be modified to fit a new allocation method. Council needs to set a date for a public hearing. The
plan is to have all of our paving projects bid-ready for eariy construction ne~ year.
Shamrock Circle LID: We have not received a reply from the property owners about allocation
methods.
' Wal-Mart and ~owe's: 1 have been working with Lounsbury and Associates and their sub-consuftants
on these two important retail developments.
Kenai Bank Stabilization and Coastal Traii: I am working with the Corps and their consu~tant. I
finished the estimated value of city's infrastructure improvements lost over the next 50 years if the bluff
erosion is not stopped. We are waiting for other utility costs. R& M Engineering was in Kenai on 10/05
and worked with us on monitoring weli sites.
Kodiak/Kenai Fiber Optics: NTC will be starting the construction of the aerial part of the fiber optics. It
will be on poles from the beach then along Forest Drive, Kenai Spur Highway, and Marathon Road into
HEA.
New Street Liphts: Kachemak Electric and HEA are completing the installation of new streetlights.
Boatina Faciiitv: The Boating Facility has been winterized. The gate will remain open until it s~ows.
New Soccer Fields: Our street crew has compieted our in-kind work for this season. QAP is delivering
material from the airport project to the new soccer fields.
Kf2SMA Board Meetins~: The next meeting is October 12, and the agenda is in the councii packet.
KPB Landfill Leachate: 1 am working on a new agreement with KPB that allows the city to take their
Ieacheafie waste from their landfill. Our existing agreement allows the city to take their wash-down water.
Wildwood Water Main: The state is planning on giving the city money to run a new water main to
Wildwood. We may havs to pay the extra cost to run the line down Fifth Street instead of a direct route.
We want the new water main to run next to our city property that is being considered for Frontier
Community Services.
KENAI POLICE DEPARTMENT
107 SOUTH WILLOW STREET KENAI, AK 99611
Telephone (907) 283-7879
~ Fax (907) 283-2267 ~~ ;
Activity ReporE - September 2006
Police - Communications - Aniinal Control - Code Enforcement
There were 651 calls for service, including 130 emergency 9-1-1 calls. Police wrote 345 reparts
and made 96 arrests (11 juveniles); there were 6 arrests for DUL
There were 10 vehicle crashes, 4 involving injuries. Driver inattention was the leading cause of
the crashes, followed by Failure to Yield and Animals' actions.
Police wrote 64 speeding tickets, gave ll 0 traffic warnings, and issued 34 other citatioils for
various traffio-related offenses. The Code Enforcement Officer took 5 new cases, closed 7, and
wrote 1 citation for a junk vehicle violation.
The Animal ShelCer conducted 84 field investigations, received 812 phone calls, took in 84 stray
animals and 54 by owners, adopted out 50, and relinquished 31 to owners who claimed them.
Fifty-four animals were euthanized. The Kenai Animal Shelter handled 50 Borough animals,
and there were 137 volunteer hours logged.
The Police Department received an award for Agency of the Year (Alaska) from the Western
SCates Information Netwark, for outstanding work in intelligence gathering and invesrigative
work on cases involving multiple jurisdictions as well as our own.
INTEROFFICE MEMORANDUM
Al l ' l
P~ l i l 1-'.l ~
Date: October 11, 2006
To: City Manager
From: Fire Chief Tilly
Subject: Midmonth report
Runs for the timeframe of 9-15-2006 to 10-11-2006
Run total for the year 984 runs
Total last year at this time 951 runs
Last 30 days 91 runs
Summary of activities for last month:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
Oversaw KCHS Bon fire
New FF completed Basic ARFF Class at PRISM
2 firefighters attended 12 lead Cardiac ciass @CPGH
Held a 2 day class in auto e~rication at KFD
Attended LEPC meeting
Sponsored Safe Kids car seat check up at station 1
4 members attended Sate FF and State Chief's conference in
Fairbanks
Batt. Chief Coon attended 2 days of State of Alaska Fire Standards
Council meetings in Fairbanks
One member attended CPR Instructor Course
Asst. Chief attended Company Officer Class
4 Members completed Advanced ARFF class at PRISM
Started Fire Prevention Activities in the local school
Worked with City Manger on Training center agreements
Did 4 Football game standby's at KCHS
Logged 618 hours of training for personnel.
~
Municipal
Airport Manager's
Monthly Report
October 11, 2006
PI'OJeCtS:
General Aviation Parkinq Lot - Progress has been slow due to excessive rain. The
contractor for the runway project will not be roto-milling this year so the parking lot will
consist of dirt and gravel for the first winter. This is not an ideal situation; however, we
will still be able to provide parking and finish up the fot next spring.
Runwav Improvement Prolect: Quality Asphalt is moving forward with work on the north
end of the Float Plane basin. Again, the excessive rainfall has caused delays that the
contractor hopes to make up during the winter months. All aircraft are schedule to be
out of the float plane basin by October 15 and then the pond will be drained in
preparation for the major excavation to lengthen the landing channei.
Administration: This is the time of the year when we renew the vehicle parking
permits. Last year we issued 30 long-term vehicle parking permits and approximately
75 employee parking permits.
Terminal Space: Cloud and Ribelin Real Estate, LLC is nearing completion of the
renovations on Space 21 and the office looks very nice. In addition to reai estate
services they also plan to offer wireless internet, fax and copy services. We are
pleased to welcome this business to the Terminal.
Enplanements: September 2006 showed a 6% increase in enplanements over
September 2005.
Hazardous Fuel Reduction: Thanks to Fire Ghief Mike Tilly some airport properties
are being considered by Tom Hines, Chugachmiut, Forestry and Fire Manager for
hazardous fuel reduction. This is a cost-free program and would eliminate beetle kill in
a manner that aliows the remaining trees to flourish. The projecfs done so far have
resulted in a park-like finished product and we are looking forward to having some of
our problem areas thinned out this winter.
Northwest Airlines: Airport Manager and Fire Chief Tilly hosted a group of pilots and
administrators from Northwest Airlines Cargo who were reviewing airports used as
alternates for their Anchorage routes. The group included Fleet Training Captain Lane
Littrel, Director and Chief Pilot Steve Smith and Greg Wolfsheimer IFALPA Regional
Vice President for US and Central Pacific Region. The visit was to evaluate Kenai for
emergency landing of 747 aircraft. Thanks to the KFD for participating in the tour and
presenting a professional attitude toward aircraft safety. While we may never see a 747
in Kenai, we certainiy presented a safe and well-run airport.
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~'ity of Kenai Building Permits - 3~°d Qucc~°ler~ 2~Q6
Descrtptiorz Pern:it #: Date Parcel # Vnluutio~r
New-Commercia!
84335 08l21l2006 4106212 $175,000.00
Summary for'Descripfion' = New-Commercia! (1 detail record) ~
Sum $175, 000.00
New-Garage/Car^port
84314 07J06/2006 4912037 $29,000.00
84317 07/12/2006 4521057 ~ $6,000.00
64322 07/27/2006 4928005 ~55,000.00
84323 07/31(2006 4545220 546,000.00
64326 08/012006 4709221 $50,000.00
~ ~ B4332 08/08/2006 4942038 $2,554.02
B4333 ~S/15/2006 4942010 $2,500.00
B4340 09/07/2006 4942030 $25,000.00
B4346 09/15/2006 4940018 $9,600.00
Summary /or'Description' = New-Garage/Carport (9 detail records)
Sum . $225,654.02
O9 Oelober, 2006 Page ! of3
Descriplion Permit #: ~~e Frarcel # Valuation
New-SFD
~. B4309 07f03/2006 4509013 $110,000 .00
64315 07/11/2006 4303019 $162,000 .00
84316 07/11l2006 4505009 $267,000. 00
84319 07I12120~6 4101348 $180,000 .00
84329 OB/OSl2006 410'1209 $191,000. 00
84330 OB/D8/2006 4101406 $149,500. 00
84336 08722J2006 45130E7 $91,000 .00
B4337 08/22/2006 4101426 $143,000 .00
B4338 08/24/2006 410'1242 $360,000 .00
84341 09/07/2006 4101305 $170,000 .00
84342 09/08/2D06 3913128 $87,OOO AO
64343 09/08/2006 4908306 $125,000. 00
84347 09/18/2006 4524048 $150,000 .00
B4350 09/22/2006 3912110 $139,000. 00
Summary for'Description'= New-SFD (14 detail records)
Suttt $2,324, 500.00
Other-Cornn~ercial
84310 07/06l2006 4315009 $150,000. 00
B4311 07/0612006 4309045 $25,000. 00
B4311 07/O6l2006 4309046 $25,000. 00
84312 07/06l2006 4903005 $50,000. 00
84313 07/O6/2006 4903006 $50,000. 00
84321 07/24/2006 4327038 $275,000. 00
84324 OS/01/2006 4332005 $90,000. 00
B4334 OB/17/2006 4339043 $4,000. 00
84344 09/12/2006 4901128 $870,000. 00
84345 09/14/2006 4331035 $23,000 .00
84348 09/21l2006 4901302 $8,000. 00
64349 09/21l2006 4323002 $36,000. 00
Summary for'Descripfion' = Other-Commercial (12 detail records)
Sum $1, 606, 000.00
09 Ocmber, 2006 Pnge 2 of 3
Descriptfon Permit #: ~~~~ Parcel # f~alua~tfon
' Other-RES
B4318 07/12/2006 4926041 $1,800.60
64320 07/12/2006 4919~23 ^~200.00
84325 OB/01/2006 4940069 $3,500.00
84327 OS/07/2006 4912030 $15,000.00
64328 08l07I2006 4515123 $5,000.00
64331 OSl08/2006 4515'I20 $8,000.00
84339 08/3'Il2006 45'18020 $3,000.00
Summary for'Description' = Other-RES (7 detaif records) ~
Sum $36,500.00
Cr¢xd Totnl ~4,367,654.02 i
~~ ~ 09 Oclober, 2006 Page 3 of 3
PZ Resolutaans Tha~°d Qua~ter 2006
TYPEOFPERMIT Resolutiart# TYPE MEETINGDATE ACTION
Amend KMC
2D0651 Estabiish CMU Zone 07/26/2006 Approved
Encraachment Permit
200654 Front Yard Setback , 08/09/2006 Approved
200656 Front & SideYard Setback 08/09/2006 APP~o~ed
Honze Occupation Permi2
200648 Daycare 07/26/2006 Approved.
200650 Sign Design & Production 07/26/2006 ApProved
200660 Daycare 08/09/2006 Approved
Landscape/Site Plan
~ 200649 Commercial Development 07/05/2006 Approved
200652 Commercial Development 07/13/2006 Approved
200655 Commercial Development 07/27/2006 Approved . ~
Preliminar^y Plat
200646 Cart F. Ahlstrom - Goft Replat 07/12/2006 Approved
200647 Five Iron Heights Block 3 Resub. 07/12l2006 APproved
200653 Coyle's Landin9 - Miller Replat 07/26/2006 Approved
200657 Iniet View SD Beauchamp Addn. SD #2 08/09/2006 Approved
200658 Smith Ridge SD 08/09/2006 Approved
200659 Amada Walker SD Harris Addn. 08/09/2006 Approved
200661 Bookey's Replat 08l23/2D06 Approved
200662 Original Townsite of Kenai - Tomrdle Replat OS/23/2006 Approved
02 Oetober, 2006 Page ] ojl
"~l a e wit~t P st c' wi ~t _
l a R , ~i t ~
9 ~'
,,%,~r'~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~
~--=, Telephone: 907-283-7535 / FAX: 907-283-3014 ~ I! .~
` : t
'- - ." . 1992
\ thec~~of ~
KENA~ SKA ~
l~~IEl~ZO:
TO: City Council
FROM: Rick Koch, City Manager
DATE: October 17, 2006
SUBJECT: Water/Sewer Rates Minimum Monthly Charge for RN Park
Summary of Issue or Problem
Mr. Randy Bostrom received a letter from the City dated 7une 6, 2006 informing him that
alChough some utility accounts had in the past been billed on a seasonal basis, effective
immediately all accouilts would be billed the monthly minimtun in accordance with the
Kenai Municipal Code.
Mr. Bosirom has objected to the City requiring payment of a minimum monthly charge
(for inetered seivice) for the period oP the year his R/V Park is not operational.
In 2006 the R/V Park owned by Mr. Bostrom, located at 507 Upland Street used utility
services durin~ the suminer months, and exceeded the minimum usage during two of the
four months it was operatioual.
This history is consistent with previous years when the R/V Park was under previous
ownership.
For the months beginning in Ocfober this account will be billed the minimum montihly
charge of $ 83.95 (water $ 19.95, sewer $ 60.00, sales fax $ 4.00), until actual usa~e
exceeds fhe minimum monthly charge (15,000 gallons), probably in June 2007.
Page 2
Memo to Council
October 17, 2006
HistorV/Additional Information
L Kenai Munici~al Code Appendices A.4.b, located on page APX-8 of the municipal
code book states "b. Property Owners wi11 not be allowed to suspend water and/or sewer
services. Once water and/ar sewer service lines(s) are constructed aald operating, the
owner wi11 be requirEd to continue to pay the appropriate monthly rate"
2. Kenai Mnnicipal Code Appendices 5, Schedule E-Metered Service, located on page
APX-10.5 of the municipal code book conYains ths following:
Per Month
WaYer Sewer
Minimwn Monthly Charge:
All usage, fifteen thousand (15,000) gallons of water
General usage $ 19.95 $ 60.00
3. Research shows CbaC eveu though the code required payment of mininliim monthly
charges through periods of the year that accounts were inactive through the winter, R/V
parks ]lave not been billed for seivice during tke off=season. This research covers the
period from I993 Yo present. We can find no documentation explaining why billings were
suspended.
Summary
At present the code requires biIIing and payinent of minimum monthly charges for all
utility customers, includiug seasonal RIV parlcs. The city wili bill in accordance with the
code eonsistent with tl~e letter sent to Mr. BosYrom on Jwie 6, 2006.
As discussed with fhe council, the majority of cosfs associated with the operations of
water and sewer utiiities az~e fixed costs. These include, but are not liinited to distriburion
and collection pipin~, valves, water produetion faciliries, wastewater treatment facilities,
lift stations, water storage reservoirs, testing, personnel, etc.. The specific cosYs
associated with the actual production of water and Yreaf~nent of wastewater, are minimal.
Therefore a suspension of billing based on seasonal use h•ansfers those fixed costs to
other utility customers and does not recognize value of fire protection (hydrants) aud the
customErs connection to the utility system.
Page 3
Memo to Comxil
October 17, 2006
All customers fall under minimum moilthly charges, the charges vary, and are shown in
the appendices to the n7unicipal code.
Informatimzal Exhibits
A. Lettex from Lai-ry 5einmens to Randy Bostrom dated .Tune 6, 2006
B. Letter from Mr. Bostrom to Larry Semmens Dated August 19, 2~06
C. Memo from Heather Lawson to Rick Koch dated October 4, 2006
%
~~'~ ~_-
- -- - s
\\ tl~e tlty o f //
KENA~ SKA
June 6, 2006
Randy Bostrom
PO Box 2027
Kenai, Alaska 99611
"I/clfa~'e wc°t~t a Pa~t, Gc°~ wit~t a
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 ( Fax: (907) 283-3014
www.ci.kenai.ak.us
Re: Water and sewer biiling at 507 Upland St.
Dear Mr. Bostrom:
~id-fu ~t/ ~i /~~"'~i6 u~
d~~~,~~ d~l~-~~'~-*c%
~ ~~~.~-- .~,G.~-~ ~
~aG^~~ .
CO~if~o~
~
In the past the City has allowed some accounts to be billed on a seasonal basis. Recentiy the council
reviewed the Regulations and Rates of the Kenai Municipal Code and determined the code does not ailow
for suspension of service for any accounts. Enclosed is the KMC Appendices Regulations A4b stating,
"Properly owners will not be allowed to suspend water and/or sewer services. Once water and/or sewer
~'service Iine(s) are constructed a~d operating, the owner will be required to continue to pay the
appropriate monthly rate."
Also enclosed is KMC Appendices Rates Section B5, which states, °Each month's minimum charge is one
full month's service, without proration. The minimum charge is applicabie to each service location
regardiess of whether the service location is occupied or not."
Effective immediately all accounts will be billed the monthly minimum accordingto the Kenai Murnciqal
Code. Your account is metered a~d will be billed the metered monthly minimum of $R~ ~5 during th°e
off-seaspn.
If you have any questions, please caCi me at 283-8227. _,
Sincerely,
~=f~~
Lawrence A. Semmens
Finance Director
/hl
FXHIBtT ~
~~ C~f
August 19, 2006
Lawrence A. Semmens
Finance Director
210 FidaIgo Avenue, Suite 200
Kenai, Alaska
Re: Seasonal water and sewer billing
Dear Mr. Seminens
I am writing this in regards to your letter sent to me 7une 6, 2006, which states that KMC
regulation A4b requires my business to pay for water and sewer service without the
allowance for suspension. I believe this is a mistake in interpreting the total code, and it is
a mistake to put this cost on small seasonai businesses that bring this city the tourist
dollars that are so necessary to this region.
I would like to ask you to look at cost schedule B, which states that there is an additional
charge far RV dump stations which is not charged during winter months. It also states
that RV parks be charged "demand chazge only October through April". I interpret this to
mean that I am we11 within my rights to suspend service temporarily through the winter
months.
I feel it is unfair to ask my business, which makes no income for seven months of the
year, to pay for utilities when I am not using them, while you allow residential customers
to ~uspend their services temporazily any time they wish. From a revenue standpoint, the
city would generate much more income from these residential users, than they could ever
hope to from a small handful of businesses.
1 urge you to please reconsider your interpretation or of the regulations, or change them
to accommodate my simple request. I will discuss this with other small businesses in the
azea that aze affected by these regulations, and we will continue to pursue this matter
together.
I look forward to your timely response to tlus issue.
Randy Bostrom
owner / host
Kenai Rv Park
507 UpIand Street, Kenai AK 99611
E)Oil61T ~
' OP ~
CITI( F KENAI
FINANCE DEPARTMENT
210 Fidalgo Ave., Suite 200
Kenai, Alaska 99611
907.283.7535 ext. 221 (voice)
907.283.3014 (fax)
To: Rick Koch, City Manager 9
From: Heather ~awson, Department Assistant ~!ti-
Date; October 4, 2006
Re: RV Park W/S Seasonal Billing
I have in our file a letter to Jim Bookey from 1989 stating with the passing of Reso. 89-3 on
January 18, 1989 that RV Parks wouid be biiled a minimum charge during the off-season. The
records, which I can only find back to 1993, show that accounts were inactivated for the winter.
In ail my research I ~ever found anything stating why the minimum was not charged in the winter.
~ast year Administration sent Title 17 to Councii with an option to suspend service and Councii
denied it, and made it clear a!I accounts shouid be biiled the minimum every month.
In response to Mr. Bostrom's letter.
The demand charge is based on the line size. The minimum Iine size is 1", which, would be
charged $54.72 and increase with the line size. This is not a suspension of bi~ling, but rather a
minimum charge. We do not have any RV Parks on the Schedule B fiat rates.
We do not aliow residential customer's to suspend billing
IXtP181T ~
~ pf ~
%NFORMATION ITEMS
KENAI CYTY COUNCIL MEETING
OCTOBER 17, 200f:
10/17/2006 Purchase Orders Between $2,500 and $15,000 for council review.
2. 10/2/06 Alaska Deparkinent of Commerce, Community & Economic
Development - 2006 Full Value Deterniination.
3. 10/ 12/06 Kenai River Special Management Advisory Board meeting agenda and
minutes of 9/ 14/06 meeting.
4. 9/2006 Kenai Municipal Airport Monthly Enplanement and Float Plane Basin
Activity Reports.
5. 10/9/06 R. Koch letter to property owners in the Set Net Drive,
Aliak/McCollum, and Angler Drive Special Assessrnent Districts regarding
"scope of work in improvement districts."
6. 2006 Kenai River Dipnet fishery Report.
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UEPARTM6 NT O F , I~ ~i
C~* ,~~- ~ r~1~'L Frmtk H. Msrkowrl.
LVll1V1La~. G WiOiam C. No!!, Communonet
C O M M ll N I T Y A N D Michae! Blaek, Dinec[os
ECONOMIC DEVELOPMENT
Division of Community Advocacy
` , PECE~p~°~~ .
~------.- __.__ ~
; OCT I 2 2006 f
' r
K;=P.rf:,.E ~~:~~'y ~;f ;_- .;
~... ~
October 9, 2006
Deaz Municipal Official:
The purpose of the Sharer~ Fisheries Business Tax Prograan is to provide for a sharing of
state fish tax collected outside municipal boundaries with municipalities that have been
affected by fishing indt~stry activities. Municipalities around the state will share
approximately $1.87 millian based on 2005 fisheries activiTy as reported by fish processors on
their fish tax returns.
The law that created this program requires that prograen funding be first allocated to fisheries
management azeas azound the state based on the level of fish processing in each area
compared to the total fish grocessing for the whole state. Then the funding is further allocated
among the municipalities located within each fisheries management area based on the relative
level of impacts eacperienced by each municipality. Details of how the program works are
presented in the applicatiorn under Program Description.
Your municipality is located in the Cook Inlet Fisheries Management Area. The
municipalities located in this area include tlnchorage, Homer, Kenai, Kenai Peninsula
Borough, Kachemak, Seldovia, Sewazd and Soldotna. The FY 07 program ailocation to be
shared within this area is estimated to be $61,650.23.
In fisheries management aaeas where the program allocation is greater than $4,000 multiplied
by the number of municipalitfes in the area, program regulations provide for a"long-form"
application. In your area ~he tlu~eshold value equals $32,000 {8 municipalities x$4,000) and
you are therefore receiving the attached Long-Form Applicarion. The long-form application
provides for a"standard" and an"alternative" method of funding allocation. We encourage
your municipality to complete the FY 07 5hared Fisheries Business Tax Application as soon
as possible. FINAL DEA~LINE for submission of apptications is December 1S, 2006.
If you have any questions about the program, or require assistance in completing the
application, please eall me at 465-4733.
'incerely,
~ ~ ~
/~ v
Bill Roifzen
Program Administrator
P.O. Box 130609, Jmeau, fllaska 99811-0809
Telephone: (907) 4G5-4750 Fax: (907) 465-4761 Text Telephone: (907) 465-5437
~ Website:6ttp://www.commerce.srate.ak.us/dca
O
/~ /t-c/~Y/ ~~~y~~ ~z..,t~C,.
*x* Meeting genda*~'~`
Thursday, October 12, 2~06
5:30 p.m.
Kenai River Center
L CALL TO ORDER
A. Roll Call
B. Approval of 09/14/06 minutes
C. Agenda Changes and Approval
II. PUBLIC CON~MENT
A. Kenai River Bridge Updafe-Matt
III. NEW BUSINES5
A. DEC/EPA Presentation
B. Membership-Board Appointment Nominations
C. Public Comment Summary of 9/28/06 Jack
D. Goals for 2006 - 2007 7ack Sinclair
E. Re~ulafion Process- Jack
IV. OLD BtiSINESS
A. Boaf wake study report-7ack
B. Kenai River Center Update, Pam Russell
V. ACTION ITEM
None
VI. PUBLIC COMMENT
`v'Y~. AI9J0'URNP.~dE~TT
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A. Board CommenCs
B. Special Recognitions
C. DatelAgenda of Next Meeting
Kenai River Special Management
Area Advisory Board
Thursday, September 14, 2006
5:30 p.m.
Kenai River Ceater
I. CALL TO ORDER
~. Rori caii
Members Presents: Ted Wellman, Brenda Trefon, Richard Dykema, Fioyd
Heimbuch, Ken Lancaster, Jeff King, Rick Wood, Keith Kornelis, Robin
West, Jack Sinclair, Tim Stevens.
Members Absent: Pete Sprague, Tom Vania, Jeni Evans, Joe Connors, Ted
Forsi, Richard Hahn.
B. Approval of 05f 11/06 minutes
Approved as written.
C. Agenda Changes and Approval
Two additions were made. Under New Business, Item H-Kasilof Special
Management Area and Under Old Business, 2nd Half of the Working
Group. Also, Matt Coullahan's report on the bridge update was moved up
to Public Comment prior to Barbara Seaman.
II. PUBLIC COMMENT
Matt Coullahan, DOT Project Engineer, gave a brief update on the status
of the bridge project. The main portion of the paving is complete. A corrective
action plan has been requested of the contractor to correct the camber problems
of the bridge, which will involve some shims and some adjustments to the
thickness of the slab. This will not make the girders any less strong. It is
basically a geometry problem for the fittings of the forms. Work will proceed on
the wing walls and retaining walls. It is hoped that the corrective action plan
can be implemented next week. With the approach of inclement weather,
arrangements have been made to tent the entire structure if necessary to
complete the placement of the concrete and the pavement. The temporary
bridge needs to be removed by December 31, as the Coast Guard permits for the
pilings in the river expire and the temporary construction easements from The
Crossings Restaurant and the RV Park on the north side also expire on
December 31. A partial opening of the bridge is planned for Mid-to-late
October. A trail will be constructed under the bridge.
Barbara Seaman, Executive Director, Kachemak Bay Heritage Land Trust
(KHLT), provided the Board with the Winter Newsletter of the KHLT. She gave a
brief history of the KHLT. She said that their mission was to preserve, for public
benefit, land with significant natural, recreational or cuitural values by working
with willing landowners to provide conservation easements. There are currently
21 conservation easements on the Kenai Peninsula. The KHLT has worked with
federal, state and private foundation funding. She said they hope to be able to
work with the Kenai River Sportfishing Assoc. on public assess to the Kasilof
River. They are actively looking for board members. The KHLT is governed by
an eleven member Board of Directors. The Anchor River Mouth Project has just
been completed and will now be managed for habitat protection and public
access.
Ken Tarbox spoke on the public process revolving around the 50hp
discussion. He felt that the meeting scheduled for September 28 was
premature, and that phase two of the boat wake study shouid be completed
before any decisions are made on how the river should be managed. This
should be done in the form of a comprehensive management plan.
Masy Lee Killinger, homeowner in the Riverquest Subdivision, asked that a
reasonable and consistent policy be made concerning seasonal boat docks. They
have been told that they can only have a floating dock, while other dock
structures in the river are stabilized by posts that rest on the river bed. Their
current floating dock is unstable without the use of posts. Mr. Kilinger
displayed the post that they are requesting to use. They requested that their
current dock, with modifications, be permitted consistent with other docks in
the area.
Dwight Kramer stated that he is against raising the horsepower to 50hp
due to safety concerns. He is also opposed to the 06 compliance on emissions.
He feels the majority of the hardship will fall on the general public who cannot
afford a new motor. He feels that it wi11 be impossible to administer an emission
~esting prograrn for all motors; He brought up`the recent po11 conducted by The
Clarion in which 63% of the 721 people polled were against the higher
horsepower and only 37% were in favor. Dwight suggested educational kiosks
be placed on the river to educate boaters on safe boating practices. He also
suggested dividing the user groups, allowing certain days for drift only and
certain days far motorized boats on the river. He felt that there was a need for
protected spawning areas.
Dick Marshall agreed that raising the horsepower would be a safety
problem, but more importantly the overall atmosphere of the river would be
jeopardized. He felt that the answer wasn't bigger motors, but smaller boats and
that the problem was too many boats and too many guides. Regarding the
emission compliance, he said that it was hard to be against emissions, but if a
boat owner doesn't already own a new motor, it's probably because he cannot
Kenai River Special Management Area Advisory Board
Minutes - September 14, 2006
Page 2 of 9
afford one. He would like to see the report that came out of the work shops he
participated in held about eight years ago regarding guides.
Lenora Pepin, a resident at mile 14 Kenai River, said that friends of hers
were swamped this summer by wakes because their boat was too little. She has
seen a few wrecks on the river and feels the horsepower limit should remain at
35hp. She cannot afford another boat motor.
Ricky Gease, Executive Director of the Kenai River Sport Fishing
Association spoke on the working group. Out of that working group, the Kenai
River Academy has been put in place. The majority of the violations on the
Kenai River this year were not from guides. Guides serve a valuable function on
the river. The second phase of the working group should be to look at issues of
the crowding on the river and more bank access for the public.
The Comprehensive IVIanagement Plan has certain sections that need to be
updated. As a private member, he hears many complaints of crowding on the
river. He feels that the crowding is mostly due to the King Salmon fishery
problem on the Lower River. Let's focus on getting some solutions to that
problem. Some problems State Parks can deal with and other problems are
Board of Fish problems. Mr. Gease personally thanked Representative Kurt
Olson for getting more funding for law enforcement for State Parks.
Ron Weilbacher stated that the over-crowding is not just a guide issue.
He went fishing after 6pm and had never seen such a crowd. Mr. Weilbacher
feels that the horsepower should be changed to 50hp and that it would decrease
the wake.
YII. NEW BUSINESS
A. Kenai River Operations-3acques Kosto, Kenai River District Ranger
Jack Sinclair introduced Jacques as the new Kenai River District Ranger.
Jacques ~rcvide~ a re-cap of the 200:, field operations, but adv~sed t~ e Boaru
that the season was not over. There are patrols of the river still being
conducted. There were over nineteen dedicated volunteers operating in the
Kenai River District this summer, assisting with fee compliance, maintenance
and making public contacts twenty-four hours a day. The District also has
four park rangers assigned to the Kenai River, although there are two
vacancies. There is also one Natural Resource Technician and one Alaska
Conservation Corp employee. They act as the liaison between the volunteers
and staff. The number one priority for the staff is the resource protection
and also ensure that the parks are well maintained, safe, clean and
accessible to all visitors. Jacques stated that his staff is dedicated to public
education in boating safety and fish and game regulations. Jacques provided
a handout of the Kenai River Citation Summary. In addition, thousands of
verbal warnings were given out.
Kenai River Special Management Area Advisory Board
Minutes - September 14, 2006
Page 3 of 9
Jacques stated that they are in the process of filling the two park ranger
vacancies. Jack Sinclair stated that Jacques had worked on a Boating Safety
Supplement and that it had been submitted to the Boating Safety Office for
review. Jack asked Jacques to provide a draft of the supplement for the
board before it goes to final publication.
B. Membership-New Board Appointment Applications.
Jack Sinclair stated that he has received five new applications and two of
the current board members indicated their desire to be reassigned. He asked
for an extension of the application filing period to September 30. He would
then provide copies of the applications at a work session during the day of
the October 12 board rneeting to discuss recommendations of nominations to
submit to the Commissioner. Ken suggested another ad be placed in the
paper advertising the openings.
C. Jerry Lewanski, Directox
Jerry thanked everyone for participating in the meeting process. The
Division is in the middle of developing a strategic plan on how the people want
State Parks to be for the future. A draft strategic plan will be given to the
public to read, review and comment on October 17, at 5:30 at the Kenai River
Center. This will be a document that will direct us into the future.
He stated that the Division was looking into the issue of limiting the
number of guides. As an honest assessment of where we should go, we need
to decide what, when and if this would be the time to impose some limits. He
would support adding a further assignment to the working group. He would
prefer that the working group be a sub-committee of the advisory board.
Ted voiced his frustration over re-forming the working group. One of the
original motivations of the working group ~vas dealing with the guide issue,
and he felt that it had not been dealt with, other than making them more
professional. He stated that the attorney general was supposed to come back
with a recommendation of what needs to be done to limit the number of
commercial operators.
Brenda added that from the boat counts conducted in recent years, on the
days that water testing was done, the boat counts were higher than any other
year. Ken asked if this information could be made available for the next
meeting. Robert Ruffner will be asked to come to the next meeting to address
the board.
Jerry told Ted that he would remind the Attorney General that we are '
waiting for the information requested by the Board.
Kenai River Special Management Area Advisory Board
Minutes - September 14, 2006
Page 4 of 9
D. Goals for 2006-200?-Jack Sinclair
Jack reported that the Comprehensive Management Plan will be ten years
old in 2007 and is in need of review to identify what amendments and
revisions should be made. Some projects that need to be accomplished on the
Kenai River include the following deferred maintenance projects.
• Morgan's Landing fish walk and trail repairs
• Funny River SRS campground improvements
• Piilars dock/launch design problems
• Stair replacement at Slikok Creek upstream
• Shoreline restoration at pipeline crossing south of the coliege
• Replace floating docks at Big Eddy and Cieclianski SRS
Larger capitai funds will be sought for the Funny River Campground
development over a two year period. Also, a new concrete toilet will be placed
at Bings Landing SRS next year. Another goal Jack hoped the Board would
pursue is activating the Guide Advisory Board. We have only received a few
applications.
Regarding the Corr property, the EVOS Fund approved one million from
the Conservation Fund. The appraisal came in above that and they are
reconfiguring what portion of that property would go into the conservation
point.
E. Regulation Process-Jack/Jerry
Jack advised that the public workshop on September 28 will set into
motion the rule making process. Based on the comments received from the
public at that meeting, we can better access the direction the division should
respond in formins the actual regulaiions.
Chris Degernes said that based upon our past history, the more work we
do up front in a public process on a regulation, the more likely the
recommendation that comes out of the process will be passed through the
Department of Law.
Ted asked for clarification on the portion of the regulation pertaining to all
motors becoming 2006 compliant. He understood it to mean that only 50hp
motors would have to become compliant. Jack stated that originally it was for
only the 50hp motors, but had been changed in April as the Motion was
amended to include a11 motors. Ted said that he would have never voted for
that and asked for a Motion to amend the resolution to change that to be
only the motors that are going to be increased to run the 50hpy not every
Kenai Aiver Special Management Area Advisory Board
Minutes- September 14, 2006
Page 5 of 9
motor. Seconded by Floyd Heimbuch. Mr. Heimbuch asked that there be a
phrase that says 35hp and under. The motion was amended to read to be
only the motors that are going to be increased to run 50hp, not motors
35hp and under. Discussion followed. After a roll cail vote, Motion passed
with one opposed and ~ve in favor.
F. Riverquest Discussion-Ken
Ken passed around photos taken of the Riverquest Subdivision. He
encouraged everyone to look at what is happening. The Planning
Commission meeting scheduled for October 9 at 7:30 will take up extension of
permits for the subdivision.
G. Easements and Launch Discussion-Ken
Ken brought to the board's attention the letter in their packet from Jim
Richardson addressing the Pillars facility and other Kenai launches. Jack
updated the board on the Agrium launch brought up at the last meeting.
Jack stated that the vacation easement application had been denied. John
Mohorich said that Agrium went back to the table and have not submitted any
new proposals. Jack updated the board on the vacation easement issue and
stated that Agrium had applied to vacate the easement that split their
property adjacent to the Refuge boundary. There was no action taken by the
Planning Commission because Agrium agreed to postpone action. They have
one year to bring it back to be heard. Discussion followed.
Ted had a problem with the public facility at Pillars becoming a launch for
a place of business and that maybe a certain portion of the boat launch
should be set aside for public use only.
Rick felt that we needed to get a handle on the crowding situation before
putting in more boat launch sites.
H. Kasilof Special Management Area
Ken introduced the issue of the Kasilof River management as a river that is
seeing more use due to the overcrowding on the Kenai River. There has been
concern voiced by the public that something needs to be done to manage the
Kasilof River. Jack Sinclair stated that the board could endorse the present
Kenai Area Plan for State Lands the Kasilof River Special Management Area.
Jerry stated that legislation similar to that used to form the Kenai River
Special Managernent Area would need to be introduced.
IV. OLD
Kenai River Special Management Area Advisory Board
Minutes - September 14, 2006
Page 6 of 9
A. Boat wake study report-Jack
Jack reported that it is hopeful that a draft of the boat wake study wili be
available for review on or around October 15.
Ted stated that this study will need to be examined closely before going
out to regulation or run the risk of having the regulation thrown out.
Brenda stated that she was aware of the frustration. The study is going to
be a substantial report based on science.
B. Kenai River Center Update, Pam Russell
Pam welcomed everyone back. She pointed out the Kenai River Trends
and Numbers in the guide packet. There was an increase of about 30 guides
on the river this year.
C. Kenai River Bridge Update-Matt
This item already covered under New Business.
D. 2nd Half of Working Group
Jack Sinclair advised that he would resurrect the letter that was sent to
the, then Commissioner Tom Rowan, regarding the commitment to follow
through with the reconvening of the 2°d half of the working group since we
did not get a response.
Ted suggested that we look closely to how the group is set up and broaden
public representation on the group if we are going to deal with public issues.
V. ACTION ITEM
None
VI. PUBLIC COMMENT
Deputy Commissioner Ed Fogels spoke to the Board on behalf of
Commissioner Mike Menge. He stated that one of the first things
Commissioner Menge had to deal with when he took office was the imminent
demise of the State Parks budget. A supplemental budget was requested to
get State Parks solvent for the current fiscal year and also put in a budget
request for this fiscal year. It was a success. Commissioner Menge is very
supportive of park issues and the park system as a whole. He emphasiaed
the importance of the Strategic Pian process. We want a docurnent that we
can take to the legislature next year that addresses the state park system as
a whole. He urged everyone to get involved in the process in October. The
Kenai River Special Manugement Area Advisory Hoard
Minutes - September 14, 2006
Page 7 of 9
Commissioner was very supportive of complying with the resolution on the
50hp issue and tackling the problem. He wants the board to take a strong
lead on the issue. Deputy Comrnissioner Fogels said he had hoped that the '
study would be done by now, and is hopeful the preliminary draft will be
done so that it can be used in the decision making process. He stated that
he and his staff will work on getting the guide data that was promised to the
board. Public education is also important and praised the implementation of
the guide academy.
Dick Marshall stated that he was leaving the meeting feeling good. He felt
good about the action taken by the board on the 2006 compliance issue. The
meeting was started on time. He commended the Board on their efforts and
ded'acation to the river.
Dwight Kramer talked about the working group. He was disappointed that
the information that was needed for the working group to make a decision on
guide limitations had not been provided as promised by the department. He
felt the working group should not be discussing other issues.
Ricky Gease said that the working group that deals with other issues
should be broadened with a strong public focus. He felt that the working
group was not a failure, and that the guide academy is an excellent idea. We
should not be focusing in on guides. People are making a conscious choice of
going with guides. ADF&G has taken on the idea of limited entry of guides
across the whole state, not just the Kenai River.
VII. ADJOURNMENT
A. Board Comments
Robin West spoke of the KRSMA logo "Working together...for the river".
He said this has always been our charge.. There has been frustration at
times, but has always thought the real value was to have a community
sounding board. He thanked everyone for coming and participating.
Keith Kornelis pointed out that the City of Kenai has finished the two new
ramps and additional parking at the boat harbor. The season ran smoothly.
Jeff King stated that this would be his last meeting where he could sit and
talk whenever he wanted. He appreciated the work done, although it is
frustrating at times and things happen slowly. It might not be a perfect
system, but it is our system and the Kenai River has provided him with a
wonderful life and a great adventure and it was not without all the work that
has been done in this room now and before.
Kenai River Special Management Area Advisory Board
Minutes - September 14, 2006
Page 8 of 9
Jeff brought up the subject of the escalation of derbies on the river. He
felt they were absolutely contrary to the wording in the Plan. He spoke of a
particular derby on July 14 and the deplorable behavior of the participants.
There was beer being thrown from boat to boat. He questioned what kind of
message this was to the publia This tournament was held in the peak of the
fishery and inundated the lower river with boats. People are being displaced
for this corporate tournament, which does not generate funds for the river.
Tim Stevens felt that the Board had taken a step backwards regarding the
50hp regulation by allowing only the 50hp engines to comply. The older
engines are typically more polluted. DEC has, in the past, considered listing
the Lower Kenai River as impaired. The action taken tonight seems to show
that the Board doesn't take the water quality issue seriously.
Ted thanked Jeff for all his hard work on the Board.
B. Special Recognitions
C. Date/Agenda of Next Meeting
October 12, 2006
Kenai River Special Munagement Area Advisory Board
Minutes - September 14, 2006
Page 9 of 9
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FLQAT PLANE BASIN ACTIVITY
Munic-pai Airport
2002-2006
~~~~~~~~~~~~~~~~
________________ ~~~~~~~~~~~~~~~~~~
____ OPERATIONS ~~~~~ ~~~~~
.
Month 2006 2005 2004 2003 2002
APRIL 0 2 0 0 0
MAY 99 114 99 86 94
JUNE 151 317 161 158 223
JULY 265 327 428 259 345
AUGUST 251 238 342 287 233
SEPTEMBER 136 227 134 215 153
OCTOBER 100 40 63 37
NOVEM6ER Closed Closed Closed 10
"not reported
--__~~__°__~______________°--------°--------
____FUEL SALES
Month 2006 2005 2004 2003 2002
MAY $0 $1,035 $452 $835 $98
JUNE $909 $3,101 $2,209 $1,391 $1,986
JULY $3,138 $3,461 $2,095 $1,773 $2,757
AUGUST $2,023 $3,365 $2,041 $2,513 $2,419
SEPTEMBER $2,051 $2,811 $792 $2,219 $983
OCTOBER $693 $26 $263 ~65
Slips Rented
Private 9
Commerical 0
Rev 8/2003
L.etter To Property Ou/ners in Proposed LID's Page 2
October 9, 2006
limiting the amount of related work such as I have described above and concentrating
on grading and compacting existing roadway surfaces, installing crushed aggregate
base course, and installing asphalt cement pavement, I estimate we can reduce the
costs of the ~ID's presently in-process, or under consideration by the city, by as much
as 40%.
Even though the property owners sn an LID wili pay fifty percent (50%) of the cost of the
improvements over tirne, the City must provide one hundred percent (100%) of the cost
of the improvements at the time of design and construction. There is a limited amount of
funding available for LID's. Therefore reducing the scope of work to provide for what is
the most important aspect of the projects, providing paved driving surfaces, wili aliow
the available funding to go further and get more roadways paved.
The existing roadways in tne ~ID's have been constructed to gravel standards with
engineering controls (drainage, compaction, etc.). To the best of our knowledge, these
existing raadways have not exhibited structural failures (soft spots, pumping) during
break-up, nar have they exhibited drainage problems (ponding of water, erosion).
I discussed the above with the City Council at the meeting of October 4 and informed
them I would contact each of the property owners and discuss this matter.
It is our intent to move forward with a scope of work that provides paved raadway
surfaces, replaceslinstalls culverts where necessary, and addresses other items of work
necessary to pave the roadways. The scope of work will generally not inciude clearing
and grubbing within the right-of-ways, re-construction of ditches, topsoil & seeding, and
other items of work not necessary to pave the roadways.
If you disagree with this approach and desire a more comprehensive scope of work that
includes the items I have described, please contact Mr. Keith Kornefis with the City of
Kenai. His address is 210 Fidaigo Avenue, Kenai, AK 99611-7794, and phone number
is (907) 283-7535 Ext. 232. If you would like, I would be happy to schedule a public
hearing so we could respond to your questions and concerns.
We have attached estimated assessments for each LID based on the existing scope of
work and the proposed reduced scope of work.
Thank yau for your attention in this matter.
Sincerely,
CITY F I~ENAI
~ r~ ~
Rick Koch
City Manager
RK/jet
Enclosures
~IT~' C~F 1~AI
Status of LII~ Prmjeets
As of
September 27, 2006
The City has received petitions far four LID's. General information for each of the four is as
follows:
Cost Fanding ~ Date of
Title Estimate Committed Latest Petition
l. Set Net Drive $ 250,000 $ 250,000 7/07/OS
2. Aliak/McCollum 447,000 447,000 9/16/OS
3. Shamrock Circie 89,500 0 3/23/06
4. Angler Drive 728,000 0 7/13/06
$ 1,514,500 $ 697,000
Grant Funding that is currently available is as follows:
1. State-FY OS Street Improv. $ 135,826.81
2. State-FY 06 Street/Sewer Improv. 661,655.76
3. State-FY 07 StreeUSewer/Water 322 000.00
Total $ 1,119,482.50
Less Set Net Drive & Aliak/McCollum 697,000.00
Grant Funding cusently uncommitted $ 422,482.50
It is our intent, given council approval to proceed with the Angler Drive LID, to bundle these
three projects together and bid them this spring (probably March). Administration wiil also
recomrnend to bid a scope of work that does not include ditch reconstruction, clearing and
grubbing, topsoil and seeding and other improvements that are not required as a function of
paving the roadways.
The following summarizes the project costs with a reduced scope of work:
L Set Net Drive $ 177,341
2. Aliak/McColium 274,195
3. Angier Drive 488.298
Total $ 939,834
As you can see, if our cost estimates are accurate, even with a reduced scope of work, these three
LID's will utilize all but $ 179,000 aFour exi~ting State grant monies for streeC, water & sewer
(not including ADEC grants) improvements.
~~tg~~r Drive
The improvements presently scheduled for the Angler Drive LID include the following
l. +/- 1,350 Lf. of 24' wide asphalt sur£aced raadway
?. Clearing and grubbing ofR.O.W.
3. Replacement of all driveway culverts, including end sections
4. Re-construction of all ditches
5. Topsoil & Seeding.
We have looked at the scope of this project, and question the need to re-construct ditches, replace all
of the existing driveway culverts (including new end-sections), topsoil & seeding, and clearing and
grubbing the R.O. W. If the scope of work for these items is reduced or eliminated the proj ect will
provide the improvement requested (a paved roadway) by the petitioners, and rneet the city's
expectations of lowering operations and maintenance costs.
The cost estimate for the scope of wark identified above is ~ 728,000. The cost estimate for a reduced
scope of work is approximately $ 494,000.
Foilowing the Angier Drive status report I have attached the foilowing documents:
1. A cost estimate for a reduced scope of work
2. A map of the proposed LID
~~l~LER dRtV~ L6C}
COST ESTIMAT~
STRIP PAVIIVG
SEPTENlBER 29, 2006
Descripfion
Cost Item
Unit
Quantity Unit
Cost
Sub-Total
Prepare Existing Surfaces 140H Motor Grader HR 50 $ 90.00 $ 4,500.00
96" Self Propelled Compactor HR 30 $ 50.00 $ 1,500.00
Operator HR 80 $ 60.00 $ 4,800.00
Superintendent HR 50 $ 70.00 $ 3,500.00
Pickup DAY 5 $ 100.00 $ 500.00
Traffc Control DAY 5 $ 200.00 $ 1,000.00
Project Management LS 1 $ 10,OD0.00 $ 10,000.00
Total LS 1 $ 25,800.00 $ 25,600.00
1B" Culvert (44 Driveways) Case 580 Backhoe/Loader HR 60 $ 30
00 $ 1
80
Operator
HR
60
$ .
60.00
$ ,
0.00
3,600.00
Laborer HR 60 $ 55.00 $ 3,300.00
Jumping Jack Compactor DAY 6 $ 25.00 $ 150
00
Bedding Material CY 100 $ 30.00 $ .
3,OOp.00
16" CMP/CPEP LF 880 $ 20.00 $ 17,600.00
End Sections EA 0 $ 60.00 $ -
Misc. Materials LS 1 $ 1,OD0.00 $ 1,000.00
Traffic Confrol DAY 10 $ 200.00 $ 2,000.00
Superintendent HR 30 $ 70.00 $ 2,100.00
Pickup DAY 3 $ 100.00 $ 30~'
Pickup Day 6 $ 100.00 $ 6G.
Total LF 880 S 40.28 $ 35,450:uu"
F2emoval of Existing Pavement Case 580 Backhoe/Loader HR 2 $ 30
Q0 $ 60
0
Goncrete Saw
DAY
1
$ .
150.00
$ .
0
150.00
End Dump W/Driver HR 0 $ 75.00 $ -
Operator HR 2 $ 60.00 $ 120.00
Laborer HR 4 $ 55.00 $ 220
00
Superintendent HR 0 $ 70.00 $ .
-
Traffic Control DAY 1 $ 200.00 $ 200.00
Pickup DAY 1 $ 100.00 $ 1D0.00
Totai SY 10 $ 85.00 $ 850.00
Remove & Relocate Existing Signs Remove & Relocate Existing Signs LS 0 $ 250
00
. $ .
Crushed Aggregate Base Course 4" 140H Motor Grader NR 50 $ 90
00 $ 4
500
00
96" Self Propelled Compactor HR 30 y .
50.00 $ ,
.
1,5D0.00
Operator HR 100 $ 60.00 $ 6
OOQ.00
Superintendent HR 50 $ 70.00 $ ,
3,500.00
Pickup DAY 5 $ 100.00 $ 500.00
Traffic Control DAY 5 $ 200.00 $ 1,OOO.DO
Crushed Aggregate Base Co~rse Ton 40Q0 $ 12.00 $ 48,000.00
Bellydumpw/Driver HR 140 $ 80.00 $ 11,20D.00
Watertruck HR 30 $ 35.00 $ 1,050.00
Total Ton G000 $ 15.31 $ 77,250.00
AC Pavement 2" AC Pavement 2" Ton S 750 $ 85.00 $ 148,750
:onstruct Approaches Construct Approaches EA 44 $ 1 ,000.00 $ 44,000.00
Page 1 of 2
~,~6~L~R DF~EVE Lt~
G~~T ~STIMATE
,,~ STRIP Pi4i/I~1G
SEPTEMBER 29, 2006
Sub-Total $ 332,100.00
Engineering @ 15% $ 49,815.00
Change Orders $ 25,000.00
Contingency @ 20% $ 81,383.00
Total § 488,288.OD
Page 2 of 2
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NONE
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'
__ pangler Drive LID
PRELIMlPdARY C~ST ESTI(NATE 12-14-2005
_ - __
----
-~
._ ~-
- --
- - -
-
~ --
_
~ --
_ _ ~ Units Est. Quantity ~Upit Price Total
- ~ - ~ ---- ~ ~--.- ~
Clearing & Crubbin9 LS 1 4,000.00 4,Q00
Unusable Excavation ~ 1'~~ C~~~Y~~~~~~~_ 2,300 8.00 , 18,400
T pe I Classified Fiil & Backfi(1 ~ Cy 4,900 10.00
~ 49,OD0
Levelin Course SY 14,700 5. 73,500
Construct Road Approach EA 1 2,D00.00 2,000
Construd Driveway Approach EA 30 5p0.00 15,000
2"AC Pavement SY 13,600 15.00 204
000
Reconstruct Ditches LF 10000 4.00 ,
40,000
Draina e Improvements _
9 8" D ri v e w a
C u l v e rt s i LS 1 4,000.00 4,000
y ~ F 5 0 0 2 6. 0 0 13,000
18" Drivewa CMP End Section
" EA 60 242.00 14,520
24
Road Cuiverts
' 2 4" C M P R o a d E n d S e c t i o n-
To soil i LF
C E A
MSF
~ _ 200
1 0
100 30.00
300.00
250.00 6,000
3,000
~ 25
000
Seedin
9 _
MSF I -
100 '
100.00 ' _
-- ,
10,000
Remove & Relocate Si9~s , EA 5 100.00 ~
500
7raffic Maintenance LS 1 3,000.00 - 3,000
Existin Utilities in Const.Zone LS 1 5,000.00 5,000
Mo6iliazation & Demobilization LS 1 10,000.00 10
000
Force Account Work LS 1 t0,00Q.00 ,
10,000
---~ --~
Basic Bid
Contin ency (2p%)
~ - --- ~ 5Q9,920
101,984
Basic Bid Plus Cont.
----- ~
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---- -
,4dministration --~ ~ASIC
3,000 I
~ ESTIFc7ATE
~ _ 3
000
-
Rigfit of VYay lssu~s ~- 10,000 ; ,
1 p,000
Engineering Design (10%) 61,190 60,000
Inspection (7%) 42,833 43,000
Construc8ion_ ~ 611,904 ~ 612,OQ0
TOTkL ~--- ~- 728,928 728,000
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I~NAI POLICE DEPARTMENT
107 SOIITH WILLOW ST.. I~+NAS.AK99611
Telsphone (907) 283-7879 ~
Fax(907)283-2367
TO: Rick Koch, City Manager October 3, 2006
FROM: Lt. Kim Wannamaker~jv
I~eith I{ornelis, Public Works Mana er ~.'~~,,,
Bob Frates, Parks & Rec Director
CC: Chuck Kopp, Chief of Police
RE: 2006 Kenai River Personal Use Dipnet Fishery
The 2006 Dipnet Report includes this summary memo lughlighting significant observatioils,
statistics, expenses, and things to consider for next year. Activity reports of Police, Parks & Rec,
Public Works, and Seasonal Enforcement Officers are attached.
The dipnet fishery opened & closed three different times tlus year. The anticipated and usual
opening was Monday, 7-10-06 at 6am; the first closure was midnight on Friday night July 2'1. ~
Fish & Game re-opened the fishery for 17 hrs on July 31 (6a-1 lp). Followin~ a late glut of
salmon entering the Kenai River, Fish & Game re-o}~ened the fis(iery again at 6am on August 3"~
and left it open 24/7 thru midnight on Thursday August 10.
The City oFKenai was well prepared for anticipated & historical dipnet-related challenges, and
the multiple opening/closing of waters caused only minor issues for personnel scheduling,
equipment allocation, and public relations.
As in years past, the Police Department hired Ywo non-sworn, unarmed, Seasonal Enforcement
Officers (SEO) whose primary responsibilities centered around the dipnet fishery. The SEO
were on duty 7 days a week with overlapping schedules and Chey worked cooperatively with
Parks & Rec, and City Bock personnel. The SEO were responsible for City Code enforcement,
specifically camping, ATV use, off-road vehicle operations and parlcing.
The Police Department handled 100 dipnet-related calls for service this year, compared to 234
last year, and 203 in 2004. This years' calls for service included cash pick-ups from the pay
shacks & iron rangers, ATV com~laints, vehicle crashes (including 4 collisions with pay shacks,
one of which was demolished), citizen disPutes, driving complaints, lost property, thievery,
vandalism, fireworks, parking, fireworlcs, and drugs. One vehicle was impounded for illegal
parking, 2 citations were issued for driving in prohibited areas, and hundreds of wa~~nings (verbal
and written) were issued for failure Co pay and illegal pazking.
KENAI POLICC DEPARTMENT
There were no fishery-related arrests or deaths this year, but there was one LifeGuard helicopter
response & landing on the south beach to receive a heart attack/drowning vicCim and transport
them directly to Anchorage.
Sworn police officers spent 34 hrs and SE(J spent 98 hrs on dipnet-related activity. 'I`wo 4-
wheelers were utilized to pafrol the beaches and respond to areas inaceessible to patrol vehicles;
one ofthe 4-wheelers was loaned to the'Department by the A.B.W.E. Soldotna Post.
Fish & Wildlife Troopers maintained a low-key presence at fhe beaches, issuing many citations
& surnmonses for various fishing and license offei~ses.
I'our pay shacks were inanned by Parks & Rec personnei in the same tocafrons as last year: S.
Spruce, Dunes Rd., City Bock, and Old Cannery Rd.
Police De~~artrnent labor expenses for the 2006 dipnet fishery ineiuded:
Police Offieers (34 hrs) $1011
Seasonal Er~orcement OfGcers (98 hrs) 1323
Pre & PosY-season meetings and plamiing (CbiefLC,SEO) 1000
Equipment & Fuel costs*
Tot~al
1000
$4,334
* 1'atrol cars, the Aept. pickup, and two 4-wheelers were equipment expenditures for the fishery.
The costs incurred in Yhis category wouid reflect iuel consumption by the vehicles, driving
to/from pay shacks, City Ha11, police station, I{enai Ave and up & down ~he beaches on the
ATV, and~ possibly idling time at any of the mentioned locations. With tl~is in mind, an esti~nate
of use would ran~e from as little as 30 gallons to upwards of 100 gallons of gasoline.
2
KENAI POLLCE U~PARTMF..NT
2006 Observations
Sianaae
The "Master Sign" posted near the pay shack on the N. Beach was very helpful to disperse
infarmation to the arriving public and should continue to be used with updated iuformation as
appropriate.
Public Information
Media reporting of the fishery, directions & instructioils, and general information was helpful
when disseminated in a timely manner. I'he ADF&G website contained comprehensive
information for the public and was a good resource for all who took the time to use it.
Brochures handed out at the pay shacks, Department personnel, and at City Hall also provided
useful information on just about everything a person would want to know, to be informed, while
participating in the Kenai dipnetting.
Paid Parkiiz~
The manned pay sl~acks encouraged compliance with the paid parl.ing areas as well as payment
by those wishing to overnight cam~. When the pay shacks were no2 manned, people fended to ~
park/camp without paying, with the honest minority dropping p~yment in the iron ranger(s).
Those velucles not displaying receipts were stickered, and if Yke diiveriowner was'Found, the
majority claimed ignorance and made immediate effort to pay in the presence ofuniformed
personnel.
There was not tlie volume of participants this year as last, which resulted in fewer parking
prohlems.
Restrooms
There were minimal complaints abouC Z~estrc~om facilities Lhis year. A new structure was erectecl
near the intersectian of Kenai Avenue/S. Spruce. It was aesthetically pleasing and heavily used.
The port-a-potties on both beacl~es were aerv'rced regularly and their locations provided easily-
accessed relief
Camnin~
Many people on both beaches set up tents and there were few actual problems associated with
Yhem. The problems that did arise concerned blocl~ing other pedestrian access areas, and tents
ISE[VAI POLICF DEFARTMENT
erected in the grassy dunes areas; these tents were movecl with minilna] grumbling after people
were rnade aware of better locations to put their tents.
There were ca.mping coin~laints about tents & vehicles along the base of the bluff on tbe N.
Beach, Uelow the residential area W of S. Forest ext. Everyone contacted was compliant with
being asked to relocate after being advised of the no camping/fires rules for th~t azea.
Off-Road Vehicles
ATV coxnplaints raiilced #3 Por dipnet-related complaints. The complaints included loud
machineslracing, late night riding, and kids riding w/o helrnets. Tl~e Department scbedlded
dedicated patrol time to monitor & enf~orce ATV offenses on the N. Beach, and SFO made
regular contacts with riders and parent,s on both beaches. O$en, the violations were not abserved
by oi~'icers, and the machines were absent upon arrival.
Dumpster Service
Fewer people create less trash, and the less tidy among them le$ evidence of their presence on
boYh beaches during the fishery and upon their departure. There were no complaints of
overflowing dumpsters, wl~ich were v,reli-plaeed in easily-accessible areas.
Traffic Con eg stionlKenai Avenue
An annual problem eonsistin~ of a narrow access road, liisuted turnaround space, laclc of
consideration for others and courtesy by motorists. This year was no different than the past,; in
the absei~ce of enfarcement authorities, people tended to parle & load/unload where they w~nted
and for however long they wanted, often creating unnecessary eongestion and the emotions th~t
accompany that.
Many vegetated areas along I~enai Avenue ended up with well-used trails between I~enai Ave
aud the beach, due to people parldng in the widened areas and carting their stuff up & over the
dunes instead of drivii7~ to the end of Kenai Ave and unloadiug/loadin~ in the designated area.
The wide spots put along Kenai Avenue have become load/uriload areas for those not wanting to
drive another couple hundred yards.
For additional information on the 2006 dipnet season, see the attached department reports and
photos.
4
KENAI PQL,ICE T)EFA]~:TMENT'
107 SOUTH WILLOW STREET KENAI, AK 99611
Telephone (907) 283-7879
Fax (907) 283-2267
~I~1~10
To: Lt Wa~7namalter
Prom: SEOs G~ggia & Reed
Date: 8/2/2006
Re: 2006 Kenai River l~i~ iVet Fisheiry
TI7e infornzation included in this report is a sun~nary of the Personai Use Dipnet Fishery that
took place at the inouth of the ICenai River begim2ing on Monday, July 10, 2006 through Friday
July 21, 2006, Monday, JLily 31,, 2006, and Tlrursday, August 3, 2006 through Thursday, August
10, 2006.
The fishery opened Monday, July 10, 2006 at 0600 hotius. Due to a very poor sockeye rehirn, Yhc
Alaslca De~~artment of Fish and Game closed the fishery Friday, Jtiily 21, 2006 at 2300 hoius. On
Monday, July 31 the dip ne2 fishery was reopened for one day due to a late run of soelceye.
Throughout the dip net fishery the hours for fishing remained 0600-2300 hoL~rs. On Thursday,
August 3, 2006 the dip net f shery 24 hom•s a day until Thursday, Auglist 10, 2006. Four pay
stations were set up, includ'nig one on S Spruce, City Dock, Dunes Rd., and Old Camiery Rd.
Paynlent remained the sa~ne as past seasons, ~ 10 for 12 hours parking, and $10 for 12 hoiu~s
camping. Parking fee compliance was high due to pay booth attendants, and eonsfant
enforcement by the Seasonal Enforcement Officers (SEOs). There still were few instances of
people not payulg~ when die pay booths were l~ulattended, and confusion of $10 only lasting for
12 hours.
The first week of the fishery was relati,vely slow due to poor fislsing. Most of the SPOs time on
the NorCh beach was spent enforciug paid parkiug and camping. The parldng lot didn't reach
even half capacity until Saturday, July 16.
On the South beach SEOs s~~ent a considexable amount of. time checldng parking a~~d camping
l~ay receipts. Payment compliance on the South beach was lower because many dip netters ca~np ~
for several days and only passes U~e pay booth when they arrive and depart. Tl~erefore many
KENAI POLIC~ DEPARTMENT
people only end up paying for their first 12 hours, instead of con[inuing to pay by either using
ihe "iron rangei", or the pay booth.
On Saturday, 7uly 15 there was a large increase of people and vehicles oi2 both tlle North and
South bcaehes. Throughout the day the North beach parl~ing lot remained beTween 75%-85%
£ull. SEOs spent the majority of their rime checlcing parldng pennifs, and controlling the flow of
haffic througl~ Kenai Avenue. SEOs also contacted multiple juveuiles riding ATVs without
he~]mets. After being wariled all riders were cooperative in either weaa-ing a helivet or
discontinuing riding.
A sigiuficant amounC of time dtiu-ing the monling and early afternoon was spent warning campers
that were loca2ed in the dunes along Kenai Avemie. Many had set up during tl~e middle of the
night, and were seeking shelter from a strong windstonn that began the day before. After being
warned a~ld asked to move all fhe campers were cooperative, but complained Chere were no signs
informing theiu where they could or couldn't caiup. During the first week SEOs issued 25
wamings fr~~r pa~'king offeuses, and 2 wamings for eamping offenses. Althottgll a tow truclc was
never called, there were several times that vehicles were almost towed, but no eitations were
issued. SEOs also responded fo reparts of swimmers on the sand bar, and a missing child.
Ou Sunday, J~uly 16, S~Os made contact with several separate groups of individuals on North
Beach who had built Fues in the iv~o Fires area. Most of these people were juveniies who were
tmaware of the No Fires ru1e. Later in Uie night, SEOs responded to a cali to North Beach again,
with compiainis that there were people setting up Yents in the No Camping area on North Beach.
On the Sotiith Beach, SEOs issued several wa~zvngs to campe~~s who had not paid for their
parking/cunpiizg. Most of these contaets sfated Yhat Uzey had arrived very early in the monvi~g,
u1d seeing Yhat no one was at the Pay Shack, assumed that it was fi-ee to park/camp.
The rest of the second weck dlrongh Friday, ;fuiy 21 remained fairly busy. The North beach
parking lot was constantly 80%-90°/o fi~ll t1u-ougli out t11e day. The majarity of SEO's time was
dedicated to patrolling the No1-th beach, but a strong presence was also demonstrated on the
South beach. Dip netters on the South beaeh polieed themseives well, a~ld there were rarely any
co~nplaints froin anyone on tl~e SouCh beach. During the second week of the fishery SEOs spent
the inajority of their time en'forcing the 5-10 minute loading/unloading policy on I~enai Avenue.
Tln-oughout the second week SEOs received munerons complanlts o~PATVs ni the prohibited
area of the North bcach. There was atso a problem witih vehicles parked between the beach
access on South Spruce and South Forest. During the second week SEOs issued 20 waliungs for
paflcing offenses, 4 warnings for cainping offenses, and impounded one vehicle.
I~ENAI POLICE DEPARTMENT
On Wednesday, 7~u1y 19 the Alaska Deparhnent of Fish and Game ordered the dip net fislaery to
be closed Friday, 7uly 21 at 2300 due to the lack of sockeye salmon. This caused an inilux of di~p
netters tryiug to get some fishing in before the season closed.
The Iast day of the fishery, Friday, July 21, was by faz Y1~e busiest day of the season. The North
beach parking lot was full by 0900, and more vehieies co~ntinued to arrive throughout the day.
SEOs spent their eiltire sl~ifts controlliiig tr~affic on Kenai Avenue, and in the parking lot.
Vehicles began pazlcn2g ouCside the medians nl the early aftemoon and were soon blocking exits
out of the pariting lot. SEOs either qtiiickly ~sked the drzver to move, or posted a warning on the
vehicle. Traffic on Kenai Aveuue became exfrenlely congested in the late afternoon, and
required SEOs full attention.
Oi~ Monday, July 31, 2006 ADF&G issued a~l emergeilcy order to reope~ the personal use dip
neC f shery for the last day of the season. Th.is caught Znany people by surprise so Che beaches
were limited to mosfly locals. The fisl~ery ended at 2300 that iught.
On Thursday, August 3~, 2006 at 1700 ADF&G issued an emergency order to reopen the dip net
fishery 24 IZOUrs a day tiuitil Thursday, August 10, 2006. Throughout the weelc both beaches
reinained relarively cal~n. On SaYurday, August 5 there was an infltix in people, but the Norfli
beach parldng lot never exceeded over 60% fu11. Duri~ng this week SEOs issued 5 wainings for
parlcing offenses.
SEOs maintained a presence at the City Dock, but many of thc ~ast problems have been solved.
Tlus ycar two new ra~ilps were built in order to speed up the lawlching time. Therc was also a
new one-way exit road constructed that eluninated the long lines and traffic build up.
SEOs spent a total of 97 hours on dip net related activities during flic 2006 personal dip net
fishery; 63 hours at the I~ortil beach and 35 hours at the South beach. SEOs aiso responded to or
iiutiated 36 dip net related ca~lls for service, yet issued zero di~ net related citations.
SPECIFIC OBSERVATIONS AND CONCERNS
OVERVIEVV
Overa.ll Lhe 2006 dip net season was rclatively low diie to the poor return of sockeye sahnon. Due
Co the faet that the dip net fishery was elosed early, there wasn't the usual large inercase of
I~ENAI POLICE DEPARTMENT ~
...... ......... _..._ ....... ...._ ....._ ...... ......... ......... ...._... ......... .........
people in the second and third weelcenda The pay shacks continued to be helpful in providing
useful information and collecting mouey. Although not as many people may have showed up this
year, there were still issues regarding overflow parking on both beaches, and ca~npii~g.
Camping was an issue pi~marily on the North beach. On the South there wasn't mueh of a
problem because there is tiwlimited ca~npi~ng space as long as the camping fee has b~en paid.
However, on the Nortl~ beach there is limited space on the beach, aald this creates more traffic
along Kenai Aveuue. When the beach becomes crowded, or the weather turns bad, people begin
camping in the dunes. A solution would be to create inare campsites within the city. The
Muiucipal Park on South Forest Drive would be a prime candidate for a new campground. More
camping space would reduce congestion on Che beach and Kenai Avenue.
North ~each
The No~ th beach continued to require inore attention from SEOs. There aze more restrictions
regarding oamping, parldng, ATV use, and motor vehicle use on the Nortli beach than the South
~ beacll. Problems consisted of parldng on S~enai Avemie, ATV s on tl~e iesh-icted area, uupaid
~~~ parking, ai2d lack of overflow parkino.
Tlus year the ICenai Littie League Ball Fields did not provide overflow parldng for the dip net
fishery. ForCunately there wasn't t1~e consecutive iush on weekends because the fishery closed
early, but fi-om ~I~e first weekend ihroughout Ule second week the North beach parldng lot was
full. People would park past the medians and on the beach belween the beaclz access on South
Spruce a~id SouYh Forest because there was nowhere else to park.
SEC~s received several compiaints of people parking on Kenai Avenue. During the first weekend
and secc~nd week of the fishery, traffie on Kenai Avenue became 1leavy and backed up. There
was a problem with people takiilg mare than the five to ten minutes provided for
loading/unloacling~ gear while parked along side o,f Kenai Avenue leaving only one laile for
moving naffic. On the lasL day of the fishery traffic was so heavy that a laa~ge traffic jam was
created. If took SEOs their entire shifts jusY to clear Kenai Avenue, and keep traffic moviiig. A
suggestion to unprove this problem is to posC signs along ICenai Avenue, warning vehicles to
loadhulload within five to ten minutes or they will be towed. Anotlier snggestion is to have shifts
of volunteers stationed at I~enai Avenue from 0600-2300 to consTantIy direct traf~ic and ke~; an
eye out for vehicles that have been parked for too 1ong.
KENAI POLICE DEPARTMENT
...... _.._.. _._. _._. ._... ....._ .._. ....... ....... ...... ...... ........
SEOs also received many complaints of ATVs riding oi1 flle restricted area of tl~e beach. By the
ti~ne SEOs arrived the ATVs were usually gone, but wben SBOs left the ATVs would be right
back on the restricted area. In some cases people just claimed tbey didn't lrnow ATVs weren't
allowed oi1 that side of the beach because they're allowed on the other side. A suggestion to
iucrease waining signs is to post aaiother sigii at tl~e end of Kenai Avenue to eliminate ATV
beach access at the end o~FICenai Avenue.
This yea~- the dip net fishery was only open Uetween 0600-2300. The ho~us of the pay booths
were also 0600-2300; therefore inany parldng problems occtiured when the pay booths were
closed. Many peo~le don't miderstai2d the concept of the "iron rangei" on thc IvTortll beach, so
they didn't think it was necessaiy to pay if they pay booth was closed. A sohrtion to improve the
u~n~aid parkiug is to keep a volunteer or paid worker in t~ey pay booth 24 hours even when the
fishery is only open 0600-2300. Tl~is way there is always soineone to receive pa}nnents and
provide information on the fishery.
A new ~roblem that occurred this year was damage to the pay booth on SouYh Sprace.
Throughout the fishery the pay booth was hit four times by RVs. I;venhially the pay booth was
moved up the sheet a~1d coiles werc placed around it. There isil't inuch more that can be doiie to
eliininate the problem exce}~t to place cones and signs aroiuld the booth.
South Beach
The South beach received less o~f the SEO's attention Chan the North beach, however S~Os
maiiltained a strong presence throughout the f shery. People on the South beach seemed to
supeivise 4hemselves rather we1L There is unlimited motor vehicle, cunping, and parking access
on the South beach, which eliulinates inany olthe inajor problems that SEOs deal with during
thc fishery. Vlost aEthe SEO's tilne speilt at the SouYh beach was spent ehecking~ parici~ng and
camping permits.
Overall people on the South beach mlderstood the concept of f11e parking fees and the "irml
rangers". The pay booths on Dtules Rd. and Old Cazniery Rd. were also only open 0600-2300, so
n~any people arrivin~ when the booths were closed didn't feei they were required to pay. 'Placing
someone in the ~ay booths 24 houis a day could also solve this problem.
The parkin~ lot on Dunes Rd. was constantly overflowing throughout the fishery ~~ith people
parldng aloiig the road in the diiclzes. Enforcing parking on Dtmes Rd. gets very complicated
because everything to the 1eft of the centerline on Dunes Rd. is Trooper's property. Oi1 the
weekends thc paiking lot was so congested, ~incoming and outgoing haffic had problems getting
KENAI POLICE DEPARTMENT
arotiuld the }~ay booth. A suggestioil to improve tne congestion is to move they pay booth away
from the middle of Dtiuzes Rd. near the parldng lot.
AlChough there is unlimited ATV access on South beach, SEOs gave several wamings to minors
riding without helmeCs. This was only a sinall problem, as most parents made stu-e their children
were wearing helmefs.
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P.~I~KS c& 12~+ C12~+ AT'IOI~ D~P1'.
PERSONAL USE FI3HERY
2006 Expenses
i~dateraal / Saapp9ies
Restrooms
Dumpsters
Preparations
d3ip Net Brochures
Receipt ~aoks
Fee Envelopes
Phones / 1Vlaiautes
$1'J,500
11,185
210
300
780
1,759
390
1'otat
Labmr
~3~,124
Wages (~'ee Station Attendants) ~1 1,000
Wages (Public Works - I7ack) 1,1~8
VUa~es (Clean-up, set-up, etc.) 1,500
'Y'~taB ~13,6~~
Grand '~'oYaB: ~45,$12
°'~ill~ye wct~r a Past, Gc°ty wit~i a F~tr~~e"
~;~;~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 a,~~~„aG„
~ '~"v ~ Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 ~'I~~/
~
- U97
Cc: Lt. Kim Wannamaker, Bob Frates
FROM: Keith Kornelis, Public Works Manager ~~'
DATE: October 12, 2006
SUBJECT: Dip Net Fishery 2006
The Public Works Department did the following:
• Opened Old Cannery Road extension and placed a pay station with concrete barriers and
barricades. DNR still would not give the city a temporary closure of the section line
easement.
• Moved all three pay stations in place (1-S. Spruce, 2-South Beach) and set up concrete
barriers for protection. We obtained a Right-Of-Way Construction Permit from the Kenai
Peninsula Borough to allow the city to place the pay station in the Dunes Road right of way
to coliect the beach parking fee.
• Hauled gravel and graded the north and south side parking lots and beach entrances.
• Buiit a new overflow parking area and mud storage area and a new exit road to Bridge
Access Road for the Boating Facility. We marked the parking spaces in the dock parking
lots and made and installed many new signs in each location.
• Worked with Police, Finance, and Parks to develop regulations, policies, and operational
procedures for the dip net operations.
• Scheduled the city employees for the dock boat launch and parking dip net operations.
< Placed ads in newspaper and radio about the dip net fishery. Helped develop and print an
informational brochure to answer questions asked about the fishery.
Memo to Rick Koch, City Manager
Page 2
October 12, 2006
NORTH SIDE
• The City completed the replacement of the existing old outhouse at the end of S. Spruce
with a concrete block outhouse. We continued to use port-a-potties at the turn-a-round on
Alaska Ave. during the dip net season.
• We did not receive any bids on a new food concession area near the beach and S. Spruce
Street.
• Not ailowing fires or camping north toward Nikiski from the S. Spruce Beach entrance was
a great improvement to the City's operation. There were fewer fires and less sanitation
problems because of this rule.
• The two-hour parking limit in the parking lot at the end of S. Forest Drive helped prevent
vehicle problems there.
SOUZH SIDE
• The City should continue to pursue having the Old Cannery Road, which is a section line,
vacated and block this entrance to the beach.
• Furnishing dumpsters and port-a-potties at the pay stations and on the beach is a service
the city should continue.
DOCK
• The City street crew constructed a new exit road and over flow parking and mud storage
area. This was a tremendous improvement to the boating facility's overall operation.
• The culvert under Boat Launch Road should be watched very closely. US FWS would like
a larger culvert but is not willing to pay for it.
• New directional signs were installed which resulted in a much improved traffic pattern.
The city should consider building a right turn lane on Bridge Access Road from the new
Dock Exit Road going south into Boat Launch Road. The city would need DOT approval.
I think we could use Municipai Matching Grant funds.
• The City should consider paving the staging area in front of the restrooms and launch area
and improve area lighting.
• The two additional boat launch ramps with floats were completed. Another great
improvement to our boating facility.
Memo to Rick Koch, City Manager
Page 3
October 12, 2006
DIP NET EXPENSES 2006
MATERIALS AND COfVTRACT SERVICES
Restroom supplies, pumping, misc. 646.00
Portable toilets (additional) 1,440.00
Dumpster (additional) __
495:00
News aperads 756.00
Parkin lot - signs, delineators 5,267.00
Printi~ brochure _ 1,074.00
i Excavate mud __ 1,100.00
i Miscellaneous items
Total _ I __
1,538.00
_ _ __ $12,396.00 I
LABOR EXPENSES
Dock Manager & Worker 10,560.00
Pay Station Worker 3,928.00
Streets - Pa stations, concrete barriers, si ns 2,610.00
Streets - Parking lots and exit road - radin only 100.00
Total __ ! $17,198.00
EQUIPMENT EXPENSES
Streets - Pay stations, concrete barriers, signs 2,500.00
Streets - Parking lots - grading only_ __ __ ~ 200.00
To4al $2,700.00
TOTAL F6LL EXPENSES FOR PUBLIC Vi~ORKS DEPT. $32,214.00
CAPITAL COST - PlEW PARKING LOT AND EXIT ROAD
Materiais - gravel 2,250.00
Labor 9,000.00
E uipment 13,700.00
Totai $24,950.00
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FtEVENUE/EXPE(VSES
f2Ei/EPJIlE
Total Revenue $ 110,48990
OPERATIONALEXPENSES
Kenai Police Department 4,334.00
Parks and Recreation Department 45,812.00
Public Works Department 32,214.00
82.360.00
Ftevenue minus Operationaf Expersses $ 28,129.00
City Street Departenent Capital Costs $ 24,950.00
AGENDA
ENAI CBTY COUNCIL- REGULAR MEETING
~~ _ OCTO 00 RM.2006
M1 y~ KENA1 CITY COUNCI~ CHAMBERS
xeNai.unsitn http://www.ci.kenai.ak.us
U
ITEM B: SCHEDU~ED PUB~IC COMMENTS (70 minutes)
1. James McConnell, Paliadin Group -- Frontier Community Counseling
& Senior Assisted Housing Project Status Report.
ITEM E: PUBLIC HEARINGS
1. Ordinance No. 2193-2006 -- Amending the Code Violation Fine
Schedule in KMC 73.10.015 to InGude a Standard Fine of $25.00 for
Faiiure to Obtain a Dog License in Violation of KMC 320.010.
2. Resolution No. 2006-54 -- Supporting Ongoing Efforts Through
Requests for State, Private, Corporate and Grant Funding, to Preserve
and Restore the Jesse Lee Home in Seward, Alaska.
3. Resolutton No. 200655 -- Setting the Public Hearing Date on the
Proposed Angler Drive Paving District.
4. Resolution No. 200656 -- Transferring $11,125 in the Airport Fund to
Run Electrical Power to Lease Lots.
5. Resolution No. 2006-57 -- Supporting Sensi6ie and Responsible
Access to Oii and Gas Resources on the Alaska Outer Continentai
Sheif and Elsewhere in United States Offshore Waters.
ITEM G: UNFINISHED BUSINESS
ITEM H: NEW BUSINESS
i. Biiis to be Ratified
2, Approval of Purchase Orders Exceeding $15,000
3. `Ordinance No. 2194-2006 -- Auihorizing the Sale of Approximately
14.784 Acres at Lot A, Baron Park Subdivision, 2006 Replat in the City
of Kenai, Alaska and Setting Forth the Price and Other Terms and
Conditions of Sale.
4. 'Ordinance No. 2195-2006 -- Amending the Kenai Municipal Code at
KMC 74.22.010 (Land Use Table) and 1420.320 to Provide for
Residential Development of Up to Seven or More Family Dwellings as
a Secondary Use in the Central Mixed Use Zone and Providing for a
Definition of "Secondary Use:'
5. 'Ortlinance No. 2196-2006 -- Amending KMC 1420240(c) by
Adopting Mobile Home Siandards for Mobile Home Parks W fthin the
City of Kenai.
6. Approval -- Request for ExtensionNJal-Mart ~ease Application -- Tract
i, Baron Park 2005 Repiat.
7, Approval -- Aathorizing the City Manager to Negotiate a"Personal
Property Sales Contract, Termination of l.ease, and
ManagemenUOperations Agreements, and Transition Services
Agreement," with AAI Services.
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 htto://www.ci.kenai.ak.us.
Carol L Freas, City Clerk D236/211