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HomeMy WebLinkAbout2006-07-19 Council PacketAGENDA KENAY C%TY COUNCIL -REGULAR MEETING JULY 19, 2006 7:00 P.M. SENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us YTEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Magor Porter -- Introduction of Guests/Russian Far East/Alaska City Links Program Exchange. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) YTEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting, was postponed to June 21, 2006 with recommended revisuons to the July 5, 2006 meeting. Ordinance No. 2168-2006 was postponed at the July 5, 2006 meeting to July 19, 2006. The motion to adopt fs active and on the floor. If tit is the intention to adopt a substitute, a motion to adopt a substitute is required.) a. Substitute A, Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Councff Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. b. Substitute B, Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During aThirty-Six (36) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. 2. Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. (Clerk's Note: Ordinance No. 2171-2006 received a motion to adopt at the July 5, 2006 Council Meeting and was postponed to July 19, 2006. The motion to adopt is active and on the floor. If it is the intention to approve the substitute, a motion to adopt the substitute is required.) a. Substitute Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $8,654,232 in the Runway Safety Area Improvements Capital Project Fund. Ordinance No. 2172-2006 -- Adding Local Amendments to the Intemationai Building Code, 2003 Edition (KMC 4.05.015) and the International Residential Code, 2003 Edition, (KMC 4.32.015) By Including a Provision in Each Stating that Building Permits Expire Two (2) Years After the Date of Issuance Unless an Extension is Granted by the Building Official. 4. Ordinance No. 2173-2006 -- Amending the Kenai Zoning Code at KMC 14.20.150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning and Zoning Commission More Than Once in Any Nine Month Period. 5. Ordinance No. 2174-2006 -- Amending KMC 12.20.030 by Better Describing and Defming What Constitutes Prohibited "Junk" and "Litter" Under the City Code. 6. Resolution No. 2006-38 -- Transferring $10,000 in the General Fund to Purchase a Copier for the Police Department. 7. Resolution No. 2006-39 -- Approving a Contract to QAP for the Project Entitled, "Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, & Lighting 2006-2007" for the Total Amount of 4,977,920.00. 8. Resolution No. 2006-40 -- Designating Department Assistant II Jenifer Lockwood As Deputy City Clerk. 9. Resolution No. 2006-41 -- Rejecting All Bids for the Project Entitled, "Set Net Drive LID -- 2006 -VIP Drive to Watergate Way." ITEM F: MINUTES 1. *Regular Meeting of July 5, 2006. 2. *6/27/06 Council/Library Commission Work Session Notes. YTEM G: Approval -Assignment of Lease, Lot 1, Block 1, Gusty Subdivision a. Assignment of Lease/Edward A. Ferguson to Sun Sims b. Amendment to Lease/Updating Insurance Requirements, Use and Rent Escalation Clause (Clerk's Note: The Assignment of Lease, Lot 1, Block 1, Gusty Subdivision received a motion to approve at the July 5, 2006 Council Meeting and was subsequently postponed to July 19, 2006. The motion to approve is active and on the floor. A motion to amend wilt be required to approve proposed recisions to the Amendment to Lease.) 2. Discussion -- Bryan Lowe Request 3. Discussion -- Proposed Library Expansion Sites Update ITEM H: NEW BUSINESS Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2175-2006 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant. 4. *Ordinance No. 2176-2006 -- Increasing Estimated Revenues and Appropriations by $17,187.05 in the General Fund for an Alaska Highway Safety Program Grant. 5. *Ordinance No. 2177-2006 -- Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Police Training. 6. *Ordinance No. 2178-2006 -- Finding that Certain City-Owned Land, Described as Tract A, Park View Subdivision (Parcel No. 04701018), Consisting of 2.092 Acres and Shown on the Attached Map, is Required for a Public Purpose. 7. Approval -- Authorizing the City Manager to Execute an Underground Easement Across City-Owned Tideland and Uplands for the Purposes of Ynstallation of Fiber-Optic Communication Cables. ITEM Y: COMMISSYON/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS i. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes} 2. Council EXECUTIVE SESSION -- Evaluation of City Clerk. ITEM M: ADJOURNMENT z m ~I~I~~ eng-ow~~~ ooooD ooa~ D°o~~~nn rst®I~m mm~r~Ol m O 21~``~ ~ I ~ ~< DIOIOOpOD ,, I~O-om~~~ OOpOD ;I7-Grtn(n ~ yp7J-Grtn(n -{rr(OSti, ~j~m-9rr(,~SG~ mr'~"~mo rn ~.. mm~m0 m ~ ~ ~ n 0 c z n r m rrs z ti 0 T m <I T' I~`~Sltil~ l Ilyl< 0 .,, ~I~ ~~ ml ~O DO z~m m N n 0 c z n r m z G9 O ~s m ca I~ 0 .,, :~~, ~~°~ TESTIM®NY SIGN-IN SHEET ~~~ ~ ~~ ~ NAME ~ ~ ~ '~ x , „s,,,~. ~ ~ x~ ORGANIZATiOI~" ~ ~ . - K ADDRESS/PHONE NUMBER ~'~ ~C-%~l~b~r~ E-~ Suggested by: Councilor Molloy CITY OF KENAI ORDINANCE NO. 2168-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AZ.ASKA, AMENDING KMC 1.15.130 TO ALLOW COUNCIL MEMBERS TO TELEPHONICALLY ATTEND UP TO SIX (6) ADDITIONAL COUNCIL MEETINGS DURING A TWELVE (12) MONTH PERIOD IF THE MEMBER IS PHYSICALLY UNABLE TO ATTEND DUE TO THE NEED FOR EXTENDED MEDICAL CARE AND TREATMENT OF THE MEMBER OR THE MEMBER'S IMMEDIATE FAMILY. WHEREAS, Section 2-7 of the Kenai City Charter states a Council Member shall cease to hold office if the member misses more than one-half of the regular and special meetings within athree-month period; and, WHEREAS, KMC 1.15.130 allows a Council Member to attend up to two (2) meetings telephonically during a twelve (12) month period begiruzing on November 1 if the member is physically unable to attend; and, WHEREAS, even after allowing for two (2) meetings being attended telephonically under KMC 1.15.130, an extended illness of a Council Member or the member's immediate family member can require the member to be physically absent from more than one-half of the regular and special council meetings within athree-month period; and, WHEREAS, providing for an additional six (6) meetings to be attended telephonically during a twelve (12) month period would permit the member to retain a council seat whsle dealing wiui aia cn~ended Ililif`SS and aiivw uie aTaember t~ be more effe%uve ava' the public than if additional telephone participation were not allowed; and, WHEREAS, while a Council Member could possibly attend up to eight (S) meetings telephonically during a twelve (12) month period under this ordinance, prohibiting the member from attending two (2) consecutive meetings telephonically would limit potential abuse of KMC 1.15.130 and avoid a member's prolonged absence from the community he/she represents; and, WHEREAS, telephonic attendance at various meetings, both in the public and private sectors, is increasingly allowed; and, WHEREAS, it is good public policy to allow and encourage Council Members to help provide care and support for immediate family members when they aze suffering from an extended illness. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.15.010 is amended as shown on Attachment A. Ordinance No. 2168-2006 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of June, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Second Reading: Postponed to 6/21/06 Adopted: Effective: May 17, 2006 June 7, 2006 June 21, 2006 July 21, 2006 (5/4/06 sp) 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the vice-mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least twenty-four (24) hours in advance of a meeting that the member proposes to attend by telephone and shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. (d} At the meeting, the Clerk shalt establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g} The member participating by teiephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided Ordinance 2168-2006 Attachment A Page I of 2 that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two- wayvoice communication. "Mayor" includes the vice-mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of two (2) meetings by teleconference during the twelve (12) month period starting November 1 of each year. (o) A Council member may attend an additional six (61 meetings by teleconference during a twelve (12) month period starting November 1 of each yeaz if the member declazes that he/she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family A Council member may not attend two (2) consecutive meetings by teleconference under this section. (p) In this section "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal mamage a child (including a stepchild or foster child) of the person, a parent, sibling~grandpazent aunt or uncle of the person or a parent or sibling of the person's spouse. ~ Council members are responsible for any telephone Iong distance chazges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not considered to be on City business mereiy by aitendance at a Cuuricil meeting via telephone. Ordinance 2168-2006 Attachment A Page 2 of 2 _ __ m~ tl~eu~of KENA~ SKA "!/clla~e wit~i a Past, Gc y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 !Fax: (907) 283-3014 www.ci.kenai.ak.us MEM® ~U TO: Mayor Porter and Councilors FROM: ~ {~ Cary R. Graves, City Attorney DATE: May 11, 2006 RE: Proposed Amendment to Extended Illness Ordinance Mayor Porter asked me to draft an amendment to Ordinance 2168-2006. Mayor Porter's amendment would substitute a new paragraph (o) in the ordinance. The new paragraph would read: (o) A Council member may attend an additional six (6) meetings by teleconference during a consecutive thirty-six month period if the member declazes that he/she is unable to attend the meeting due to the need for extended medical Gaze and treatment of the member or member's immediate family. The consecutive thirty-six month period starts the first day in which the Council member attends telephonically under this subsection. A council member may not attend two (2) consecutive meetings by teleconference under thie cantinn This would change the proposed ordinance as follows. Instead of getting six meetings per yeaz (based on a Nov to Nov period) to attend telephonically due to an extended illness, a member would get six meetings over a three yeaz period. If the member used up his/her six meetings in the first six months, the member would not get any more until after the three year period expires. The member could also space out his/her meetings and use two a year during the period. The three year period would start the first day a member appears telephonically. The member would still get to attend two meetings per year telephonically for any reason under the existing rule in KMC 1.15.130(n). The amendment would also still prohibit a member from attending two meetings in a row telephonically whether it was due to an extended illness or under subsection (n). Let me know if you have any questions. CRG/sp E la SUBSTITUTE "A" Suggested by: Councilor Molloy CITY OF KENAI ORDINANCE NO. 2168-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.15.130 TO ALLOW COUNCIL MEMBERS TO TELEPHONICALLY ATTEND UP TO SIX (6) ADDITIONAL COUNCIL MEETINGS DURING A TWELVE (12) MONTH PERIOD IF THE MEMBER IS PHYSICALLY UNABLE TO ATTEND DUE TO THE NEED FOR EXTENDED MEDICAL CARE AND TREATMENT OF THE MEMBER OR THE MEMBER'S IMMEDIATE FAMILY. WHEREAS, Section 2-7 of the Kenai City Charter states a Council Member shall cease to hold office if the member misses more than one-half of the regular and special meetings within athree-month period; and, WHEREAS, KMC 1.15.130 allows a Council Member to attend up to two (21 meetings telephonically during a twelve (12) month period beginning on November 1 if the member is physically unable to attend; and, WHEREAS, telephonic attendance at various meetings, both in the public and private sectors, is increasingly allowed; and, WHEREAS, even after allowing for two (2) meetings being attended telephonically under KMC 1.15.130, an extended illness of a Council Member or the member's immediate family member can require the member to be physically absent from more than one-half of the regular and special council meetings within athree-month period due tG the need fcr eXteiided iuediCai Care aiid treaL::e nt 6f the member Or tike member's ammediate family; and, WHEREAS, it is good public policy to allow and encourage Council Members to help provide care and support for immediate family members when they are suffering from an extended illness; and, WHEREAS, providing for an additional six (6) meetings to be attended telephonically during a twelve (12) month period not only would permit the member to retain a council seat while dealing with medical Gaze and treatment for an extended illness, but also would allow the member to be more effective for the public than if additional telephone participation were not allowed; and, WHEREAS, the council recognizes that it is vital to have its members physically present enough in the community to effectively interact with the community members and learn the needs and problems of the community and their constituency; and, WHEREAS, while a Council Member could possibly attend up to eight (S) meetings telephonically during a twelve (12) month period under this ordinance, prohibiting the member from attending two (2) consecutive meetings telephonically after the member has attended telephonically under section (o), and then requiring the member to Ordinance No. 2168-2006 Page 2 of 2 attend a meeting in person before teleconferencing again under section (o), limits potential abuse of KMC 1.15.130, avoids a member's prolonged absence from the com.:.unity he/she represents, and ensures that Council Members will be physically present enough in the community to keep in touch with the constituency and the needs of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.15.010 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of July, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Second Reading Third Reading Fourth Reading Adopted: Effective: May 17, 2006 June 7, 2006 June 21, 2006 July 19, 2006 July 19, 2006 August 19, 2006 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. if the Mayor chooses to participate via telephone, the vice-mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic participation in a particulaz meeting may participate via telephone at any one (1) meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least twenty-four (24) hours in advance of a meeting that the member proposes to attend by telephone and shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) ine member participating by teiephone may ask to be recogni~ed'oy the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided Ordinance 2168-2006 Attachment A Substitute A Page 1 of 2 that in executive session the remazks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two- way voice communication. "Mayor" includes the vice-mayor or any ocher member serving as president pro tempore. (n) Each Council member may attend a maximum of two (2) meetings by teleconference during the twelve (12) month period starting November 1 of each year. (o) A Council member may attend an additional six (6) meetings by teleconference during a twelve (12) month period starting November 1 of each vear if the member declares that he/she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family. A Council member may not attend two (21 consecutive meetings by teleconference under this section. After attending a meeting by teleconference under this section, a Council Member must attend a meeiing in person before that Council Member is entitled to attend telephonically again under this section. (p) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a pazent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. ~ Council members are responsible for any telephone long distance charges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not considered to be on City business merely by attendance at a Council meeting via telephone. Ordinance 2168-2006 Attachment A Substitute A Page 2 of 2 E-Ib SUBS"1'1'1'UTE "B" Suggested by: Mayor Pat Porter CITY OF KENAI NO. 216-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.15.130 TO ALLOW COUNCIL MEMBERS TO TELEPHONICALLY ATTEND UP TO SIX (6) ADDITIONAL COUNCIL MEETINGS DURING ATHIRTY-SIX (36) MONTH PERIOD IF THE MEMBER IS PHYSICALLY UNABLE TO ATTEND DUE TO THE NEED FOR EXTENDED MEDICAL CARE AND TREATMENT OF THE MEMBER OR THE MEMBER'S IMMEDIATE FAMILY. WHEREAS, Section 2-7 of the Kenai City Charter states a Council Member shall cease to hold office if the member misses more than one-half of the regular and special meetings within athree-month period; and, WHEREAS, KMC 1.15.130 allows a Council Member to attend up to two (2) meetings telephonically during a twelve (12) month period beginning on November 1 if the member is physically unable to attend; and, WHEREAS, telephonic attendance at various meetings, both in the public and private sectors, is increasingly allowed; and, WHEREAS, even after allowing for two (2) meetings being attended telephonically under KMC 1.15.130, an extended illness of a Council Member or the member's immediate family member can require the member to be physically absent from more than one-half of the regular and special council meetings within athree-month period; and, WHEREAS, it is good public policy to allow and encourage Council Members to help provide care and support for immediate family members when they are suffering from an extended illness; and, WHEREAS, providing for an additional six (6) meetings to be attended telephonically during athirty-six (36) month period would permit the member to retain a council seat while dealing with an extended illness and allow the member to be more effective for the public than if additional telephone participation were not allowed; and, WHEREAS, the council recognizes that it is vital to have its members physically present enough in the community to effectively interact with the community members and learn the needs and problems of the community and their constituency; and, WHEREAS, prohibiting the member from attending two (2) consecutive meetings telephonically, and requiring a member to attend a meeting in person after having attended by teleconference before teleconferencing again, would limit potential abuse of KMC 1.15.130 and avoid a member's prolonged absence from the community he/she represents; and, Ordinance No. 2168-2006 Page 2 of 2 WHEREAS, providing a "sunset" provision for subsection (o) of this ordinance will allow a future council to evaluate the effects and benefits of it. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.15.010 is amended as shown on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of July, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Second Reading Third Reading Fourth Reading Adopted: Effective: May 17, 2006 June 7, 2006 June 21, 2006 July 19, 2006 July 19, 2006 August 19, 2006 1.15.130 Telephonic participation. (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the vice-mayor or president pro tempore shall preside. (b) No more than the first two (2) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting. (c) The member shall notify the Clerk and the presiding officer, if reasonably practicable, at least twenty-four (24) hours in advance of a meeting that the member proposes to attend by telephone and shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion and voting. (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1} Remazks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided Ordinance 2168-2006 Attachment A Substitute B Page I of 2 that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two- way voice communication. "Mayor" includes the vice-mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of two (2) meetings by teleconference during the twelve (12) month period starting November 1 of each year. (o) A Council member may attend an additional six (61 meetings by teleconference during a consecutive thirty-six month period if the member declares that he/she is unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family. The consecutive thirty-six month period starts the first day in which the Council member attends telephonically under this subsection. A Council member may not attend two (2) consecutive meetings by teleconference under this section. After attending a meeting by teleconference under this section, a Council member must attend a meeting in person before that Council member is entitled to attend telephonically under this section. This subsection shall be in effect for a period of only three years after the effective date of this ordinance unless renewed or extended by ordinance. (pl In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal mamage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (g) Council members are responsible for any telephone long distance chazges incurred due to their participation in a meeting via telephone unless they are absent from the community on City business. A Council member is not considered to be on City business merely by attendance at a Council meeting via telephone. Ordinance 2168-2006 Attachment A Substitute B Page 2 of 2 E- a. Suggested by: CITY OF KENAY ORDINANCE NO. 2171-2006 Admmistration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,680,065 IN THE RUNWAY SAFETY AREA IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, the Airport Master Plan calls for certain improvements to the main runway including new runway lighting, overlay of runway pavement, pavement of runway shoulders, and a 200 foot extension of the runway to provide required safety area on the south end of the runway; and, WHEREAS, the FAA has offered a grant of $11,380,576 to fund 95% of the project cost; and, WHEREAS, the State of Alaska is expected to offer a grant for 2.5% of the project cost; and, WHEREAS, $300,000 was previously appropriated from the Airport Fund for the remaining 2.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Runway Safety Area Improvements Capital Proiect Fund Increase Estimated Revenues: FAA Grant $11,380,576 State of Alaska 299.489 $11,680,065 Increase Appropriations: Administration $10, 511 Engineering 780,000 Construction 10,889,554 $11,680,065 Ordinance No. 2171-2006 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of July, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 21, 2006 Adopted: July 5, 2006 Effective: July 5, 2006 Approved by Finance:--dam-- (06/ 15/2006)hl ~-za SUBSTITUTE Suggested by: CITY OF KENA% ORD%NANCE NO. 2171-2006 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,654,232 IN THE RUNWAY SAFETY AREA IMPROVEMENTS CAPITAL PROJECT FUND. WHEREAS, the Airport Master Plan calls for certain improvements to the main runway including new runway lighting, overlay of runway pavement, pavement of runway shoulders, and a 200 foot extension of the runway to provide required safety area on the south end of the runway; and, WHEREAS, the total project cost is estimated to be $12,404,554; and, WHEREAS, the FAA has offered a grant of $8,432,329 and has programmed additional grants in the future to fund 95% of the project cost; and, WHEREAS, the State of Alaska is expected to offer a grant for 2.5% of the project cost; and, WHEREAS, $300,000 was previously appropriated from the Airport Fund for the remaining 2.5%; and, WHEREAS, the project is a phased project. Each phase will be committed to contract Only when graait funds arc avaiiabie. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Runway Safetu Area Improvements Capital Proiect Fund Increase Estimated Revenues: FAA Grant $8,432,329 State of Alaska 221,903 58.654.232 Increase Appropriations: Administration $110,000 Engineering 955,000 Construction 7,559,232 Miscellaneous 30,000 58.654.232 Ordinance No. 2171-2006 (SUBSTITUTE) Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of July, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 21, 2006 Adopted: July 19, 2006 Effecfive: July 19, 2006 Approved by Finance: (07/ 13/2006)hl E-3 Suggested by: Councilperson Pat Porter C%TY OF KEASAY OItI3YYdANCE NO. 2272-200( AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADDING LOCAL AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, 2003 EDITION, (KMC 4.05.015) AND THE INTERNATIONAL RESIDENTIAL CODE, 2003 EDITION, (KMC 4.32.015) BY INCLUDING A PROVISION IN EACH STATING THAT BUILDING PERMITS EXPIRE TWO (2) YEARS AFTER THE DATE OF ISSUANCE UNLESS AN EXTENSION IS GRANTED BY THE BUILDING OFFICIAL. WHEREAS, the City of Kenai has adopted the International Building Code in KMC 4.05 with local amendments in KMC 4.05.015; and, WHEREAS, the City of Kenai has adopted the International Residential Code in KMC 4.32 with local amendments in KMC 4.32.015; and, WHEREAS, neither the International Building Code nor the International Residential Code has an expiration date for building permits; and, WHEREAS, not having expiration date on building permits can lead to undue delays in construction and abuse of the permitting system; and, WHEREAS, having a building permit expire after two years with a provision that they may be extended by the Building Official in 180-day increments for good cause is in the best interest of the City of Kenai. NOW, THEREFvRE, BE iT ORDAINED BY THE COVivCiL OF THE CITY OF KEivAi, ALASKA that: Section Y KMC 4.05.015 is amended by adding the following: 105.5 Expiration Add the following: A building permit shall expire two (2) years after the date of issuance unless an extension has been granted as provided for in this subsection. Section YY KMC 4.32.015 is amended by adding the following: Rios.s Add the following: A building permit shall expire two (2) years after the Ordinance No. 2172-2006 Page 2 of 2 date of issuance unless an extension has been granted as provided iri this subsection. PASSED BY THE COliNCIL OF THE CITY OF KENAI, ALASKA, this i9~ day of July, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 5, 2006 Adopted: July 19, 2006 Effective: August 19, 2006 (6/27/06 sp) E-~ Suggested by: Councu CITY OF KENAI ORDINANCE NO. 2173-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI ZONING CODE AT KMC 14.20.150 TO PREVENT THE SAME OR SUBSTANTIALLY SIMILAR CONDITIONAL USE PERMIT APPLICATIONS FROM BEING CONSIDERED BY THE PLANNING AND ZONING COMMISSION MORE THAN ONCE IN ANY NINE-MONTH PERIOD. WHEREAS, currently under KMC 14.20.150 an unsuccessful applicant for a conditional use permit may reapply for the same or a substantially similar permit immediately after being turned down by the Planning 8v Zoning Commission or the Board of Adjustment; and, WHEREAS, allowing reapplication soon after being turned down for a conditional use permit that is the same or substantially similar places an undue burden on the public wishing to participate in the permit process; and, WHEREAS, a nine (9) month moratorium on reapplication for the same or a substantially similar permit will ease the undue burden on the public while allowing reapplication within a reasonable time; and, WHEREAS, an applicant may still reapply within the nine (9) month period if the subsequent application is not substantially similar to the previously rejected applieat_ipn~ anrl~ WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9) month moratorium on submittal of the same or substantially similar conditional use permits. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that KMC 14.20.150(j) be added to read: (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine 19) months immediately preceding. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 19~ day of July, 2006. PAT PORTER, MAYOR Ordinance No. 2173-2006 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Introduced: July 5, 2006 Adopted: July 19, 2006 Effective: August 19, 2006 E-5 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 21`T4-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.20.030 BY BET"I'ER DESCRIBING AND DEFINING WHAT CONSTITUTES PROHIBITED "JUNK" AND "LITTER" UNDER THE CITY CODE. WHEREAS, KMC 12.30.030(x) currently prohibits the keeping of various kinds of debris and junk on property within the City of Kenai; and, WHEREAS, the City Code does not provide a precise definition of what constitutes "junk" or "litter"; and, WHEREAS, better definitions and descriptions of prohibited activity aze needed in KMC 12.30.030; and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 12.30.030. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAT, ALASKA that KMC 12.20.030 is amended as follows: 12.20.030 Debris gad junk prohibited. (a) (NO OWNER, LESSEE, AGENT, TENANT, OR OCCUPANT SHALL ALLOW OR PERMIT ANY DEBRIS, JUNK, OR INDISCRIMINATE STORAGE OF MACHINERY, EQUIPMENT PARTS, LUMBER, OTHER iviATERir".L, OR Aiv i ACCUMULATi^vi: OF GA~°°AGE, b=ANURE, OFFALS, RUBBISH, STAGNANT WATER, OR ANY FILTHY LIQUID OR SUBSTANCE, OR ANYTHING THAT IS OR MAY BECOME PUTRID OR OFFENSIVE TO BE OR REMAIN UPON HIS YARD, LOT, OR PREMISES, OR UPON ANY YARD, LOT, OR PREMISES OWNED OR CONTROLLED BY HIM.] The owner and the occupant of anv private property in the city shall at all times maintain the premises free from sienificant accumulations of funk and litter provided however that this section shall not prohibit the storage of iunk or litter in authorized private receptacles for collection or the storage of junk that is not visible to the public at lame A significant accumulation of iunk or litter on anv private property in the city contrary to this section is deemed to be a public nuisance The owner and the occupant of any private property in the city shall at all times maintain the property in a manner so that the property does not constitute an unsightly premises. This chapter does not apply to property zoned industrial. (b) No owner, lessee, agent tenant or occupant shall allow or permit slash to be or remain upon any lot: 1) for longer than one hundred twenty (120) days within the RU, RS 1, RS2, TSH, CC or CG zones; or 2) Ordinance No. 2174-2006 Page 2 of 3 for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED zones. (c) As used in this chapter the following words are defined in this section: "Junk" means any worn out wrecked scrapped partially or fully dismantled or discarded tangible material combination of materials or items that cannot without further alteration and reconditionine be used for their original purposes including but not limited to appliances, building material chemicals equipment furniture machinery, metal, ravc rubber paper plastics and wood. "Litter" means all improperly discarded waste material includine but not limited to convenience food beverage and other product packages or containers constructed of steel aluminum Blass paper plastic and other natural and synthetic material thrown or deposited on the lands and waters within the boundaries of the city. "Occupant" means the person in possession of the real property on which the iunk or litter is located "Occupant" includes tenant and lessee. "Owner" means the owner of the real property on which the iunk or litter is located or the agent of the owner. "Slash° is defined as: branches and other residue left after the cutting of timber. Tree trunks trimmed free of roots and branches or cut firewood stacked and separated from branches and other residue of tree cutting shall not constitute "slash." "Unsightly premises" means property includine but not limited to buildin exteriors maintained in such condition as to become so defective or unsightly or in such condition of deterioration or disrepair that the property causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements is a public nuisance. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any lumber iunk trash or debris; abandoned discarded or unused obiects or equipment such as automobiles, furniture, stoves, refrigerators freezers cans or containers• staEnant water or excavations; or any device decoration desi#n fence structure, clothesline or ve etation that is unsightly by reason of its condition or its inappropriate location. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19~ day of July, 2006. PAT PORTER, MAYOR - Ordinance No. 2174-2006 Page 3 of 3 ATTEST: Carol L. Freas, City Clerk Introduced: July 5, 2006 Adopted: July 19, 2006 Effective: August 19, 2006 ~-~ Suggested by: Administration CITY OF KENA% RESOLUTION NO. 2006-3$ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING $10,000 IN THE GENERAL FUND TO PURCHASE A COPIER FOR THE POLICE DEPARTMENT. WHEREAS, the copier in the Police Department is over five years old and is at the end of it's useful life; and, WHEREAS, the Police Department budget includes funding to lease a new copier; and, WHEREAS, the administration recommends purchasing a new copier rather than leasing because typically leasing costs more; and, WHEREAS, funds are available for transfer from the Police Department Printing and Binding account and General Fund Contingency. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Police Department -Printing and Binding $6,000 Nava Dcpart~~.ental -Conti^geney 4,000 1 00 To: Police Department -Machinery 8s Equipment 10 00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of July 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (07/13/2006) hl F-1 Suggested by: Administration CITY OF KENA% RESOI.I7TION NO. 2006-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO QAP FOR THE PROJECT ENTITLED KENAI MUNICIPAL AIRPORT RUNWAY IMPROVEMENTS: SAFETY AREAS, PAVEMENT, & LIGHTING 2006-2007 FOR THE TOTAL AMOUNT OF $4,977,920.00. WHEREAS, the following bids were received on June 9, 2006: Wilder Engineer's AP Construction Co. Estimate BASIC BID-Schedule 1 Water Runway Extension $4,977,920.00 $6,778,207.00 $4,139,619.00 Service Roads 8v Fencing Taxiwa s BASIC BID-Schedule 2 Runway Extension & $4,508,174.00 $6,462,058.00 $5,061,385.00 Rehabilitation, NAV-Aid Relocations ADDITIVE ALTERNATE 1 Widen Water Runwa $1,173,460.00 $1,661,452.80 $848,490.00 Modification to Bid 0 $581,829.00 0 $10,659,554.00 $14,314,888.80 $10,049,494.00 ;and, WHEREAS, QAP`s bid is the Lowest responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, this resolution is contingent upon FAA approval and funding of each project component; and, WHEREAS, FAA has programmed grant monies for Basic Bid Schedules 1 and 2 and Additive Alternate 1; and, WHEREAS, the recommendation from City Administration is to award a $4,977,920 contract to QAP for Schedule 1 and to authorize the City Manager to execute change orders of $4,508,174 for Schedule 2 and $1,173,460 for Additive Alternate 1 subject to obtaining and appropriating grant funding for these phases of the project; and, WHEREAS, separate Notices to Proceed for construction of Basic Bid Schedule i, Schedule 2, and Additive Alternate 1 will be issued only if grant funds are available. Resolution No. 2006-39 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract For the project entitled Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, S~ Lighting 2006-2007 be awarded to QAP for the total amount of $4,977,920.00 and the City Manager is authorized to execute change orders of $4,50&,174 for Schedule 2 and $1,173,460 for Additive Alternate 1 subject to obtaining and appropriating grant funding for these phases of the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of July, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: E-8 Suggested by: Adminisirauvu CITY OF KENAI RESOI.[7TION NO. 200640 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING DEPARTMENT ASSISTANT II JENIFER LOCKWOOD AS DEPUTY CITY CLERK. WHEREAS, KMC 1.25.030(a) allows, by resolutim of the Council, for the designation of a Deputy City Clerk to perform the duties of the office of City Clerk in the event the City Clerk is not available; and, WHEREAS, the FY2007 budget provided for a permanent pazttime Department Assistant II position in the City Clerk Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Jenifer Lockwood be designated as the Deputy City Clerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of July, 2006. PAT PORTER, MAYOR Ai'iES T : Carol L. Freas, City Clerk clf E-9 Suggested by: Administration C%TY OF KENAI RESOLUTION NO. 2®06-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REJECTING ALL BIDS FOR THE PROJECT ENTITLED SET NET DRIVE LID - 2006 -VIP DRIVE TO WATERGATE WAY. WHEREAS, the following bids were received on July 12, 2006: Bidder Basic Bid Alaska Roadbuilders, Inc. $249,764 North Star Pavin 8v Construction, Inc. $299,193 En ineer's Estimate $179,039 ;and, WHEREAS, all bids are significantly in excess of the engineer's estimate; and, WHEREAS, the recommendation from City Administration is to reject all bids and re- bid the project prior to the 2007 construction season. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that all bids for the project entitled Set Net Drive LID - 2006 -VIP Drive To Watergate Way be rejected. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of July, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: r } ~~~ , "fie t ~~-~ thec.~af /~ KENA~ SKA 1~'IElVIO DU To: City Council "V °llaye Luit~t a Past, Gc ~utt~z t~ suture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us /~ From: Rick Koch, City Manager Date: July 13, 2006 Subject: Set Net Drive LIB - 2006 - VIF Brive to Watergate Way The purpose of this correspondence is to recommend the City Council reject all bids for the above referenced project. Two bids were received for the project. The low bidder Alaska Roadbuilders, Inc., submitted a bid for $ 249,764. The low bid was $ 70,725, or 39.5 % higher than the engineer's estimate of $ 179,039. The middle of July is generally not conducive to a competitive bidding environment, as many ccruactors already Nava: booked a stiff cient quantity of work for the year. I suggest that all bids be rejected. The bid documents, within Instruction to Bidders, paragraph T, provides "City reserves the right to reject any and all bids,..." . It is our intent to combine this project with several other projects of similaz scope (city pazking lots, and McCollum-Aliak LID) and bid the project in February/Mazch of 2007. Thank you for your attention in this matter. July 14, 2006 «OWNER» «ADDRESS2» «CITY», «ST» «ZIP» Dear Property Owner: Subject: Set Net Deive LID - 2006 Enclosed is a new "Preliminary Assessment Roii (After Bid -Before Construction}" that includes the property that you own at cADD» «STREET». The City opened construction bids on this project on July 12, 2006. The lowest construction bid, $249,764 from Alaska Roadbuilders, Inc., was $63,079 higher than the preliminary assessment roll estimate of $186,000 before the project was bid. I have included a column in the spreadsheet for "Pre-Bid Own Pay" which is the owner's cost estimate before the project bid. (Total $91,777) Another column lists the "After Bid Own Pay" which is what the owner is now expected to pay. (Total $114,974) The construction cost is based on an estimated quantity at a unit bid price. The cost to the owner will be based on the actual cost of the total project after all the work is done. The award of this project to Alaska Roadbuilders, Inc. will be presented to the City Council at their meeting on July 19, 2006, in the Council Chambers in City Hall starting at 7 p.m. The City Administration is recommending that atl bids be rejected because of the high construction costs. The recommendation includes re-bidding this project with other paving projects this winter for construction in 2007. We hope the costs will be lower then. Please feel free to call me at 283-8232 if you have any questions or comments. You are always welcome to attend City Council meetings. Sincerely, Keith Kornelis Public Works Manager KKfjet Enclosure cc: Rick Koch, City Manager Larry Semmens, Finance Director Set Net ®rive -from VIP to VYatergate I I 1 PRELIMINARY ASSESSMENT ROLL (After Bid-Before Construction) I i Public Hearing 11/2/05 Council said ci pay extra amount over 25% KPB Ass. I ~ ! '*""'Based on property owners paying proportionally based on square fo tage"•""' T Below costs are estimates -final cost will be based on 4he actual eost of the project _ Properties to be assessed: See Prope Owners S read Sheet - 1 ............ tD Property SF % KPB 25%KPB 100% of 50% of Pre Bid After Bid # 1 OWNER Address ACRE (Driskill ..750 SET NET DR 0.92 Feet of Total ' 40,075! 0.079792 Ass. $ Ass. $ Est. ffi Est. b 184,200 I 46,050 i 22,587 ~ t 1,294 Own Pay 8,777 Own Pay 11,294 2 3 4 5 6 7 8 9 10 11 I - ~ Johnson 740 SET NET DR ! 0.98 Whanneil 12560 SEINE CT 1.06 Durkee 1620 SET NET DR 0.92 Chapman 1610 SET NET DR 1.06 8ingham 12600 WATERGATE 1.02 Smith ,615 SET NET DR i 0.92 Hoogland 12705 SEINE ST 1.09 Leighty 735 SET NET DR I 1.37 Burch 745 SET NET DR 1.081 Aase ,755 SET NET DR 1.111 1 1 ! 42,6891 0.084996 46,1741 0.091934 40,0751 0.079792 1 46,174 0.091934 44,431( 0.088465 40,075 0.079792 47,4801 0.094536 59,6771 0.118820 47 0451 0 093669 e8,352 i 0,096271 137,100 34,275 I 24,060 I 12,030 153,400 I 38,350 , 26,025 ! 13,012 1 220,500 55,125 1 22,587 1 11,294 201,300. 50,325 ! 26,025 i 13,012 14,500 3,625 I 25,043 I 12,521 14,500 ! 3,625 I 22,587 i 11,294 116,200 29,050 i 26,761 i 13,381 173,900 I 43,475 I 33,636 I 16,818 1 200,200 50,050 I 26,516 I 13,258 I 14 500 ! ' C9e ' 27 252 '. 13,526 o,vw ~ 9,350 10,113 ~ 8,777 10,113 3,625 I 3,825 10,399 13,069 I 10,304 s,525 i 12,030 13,012 11,2'" 93,G. 3,62a 3,625 13,381 16,898 13,258 3,625 I 0 L 11.53 502,2471 tA00000 ~ 283,079 141,5401 91,777 114,974 ' 1 I ( ~ Estimate ' Admin. 3,000 ~ Engr. 30,315 Const. 249,764 1 i TOTAL 283,079 Muni Match Grant (50°h) 141,540 I Muni Match extra cost over 25% KPB Ass (9 4°~) 26 566 Property Owners (40.6%) ! 114,974 . TOTAL 283,080 I I i r mNaNN~-m Nn n mvroe oi, f- ~- ~- h h F- 1- hI m¢ C m m m m m' na a aaaa a mmPm<mmmm Pm N N a N a N N N N a N N N N N N N N N N N N W W W W W.W W W W W W ¢ ¢ ¢ ¢¢ ¢ ¢ ¢ ¢ ¢ ¢ F 1- F- 1- F .~ t- H F- V- F N N N N N N N N N N N W W.W W WW W W W W W Y YY Y } Y > } y } } ¢.rc ¢ m.m ¢ c m m m z r '- ~- t- r ~- r ~- r ~- r zzzzzzzzz zz O O OO 0 0 0 0 0 0 0 U U U U A U U U U U U a a a a as a a a a s > > > > > > > > > > > r nr~ r n n n n n n n N Nth N N N N N N N N 3333i3~33 33 ~~~~~¢~s~ ~~~' zzzzzzzzz zz ao .-.n ~ r ~ r ~ r r. N O O O O O O O O O O ¢ O m.~0 ~ W m W m P CO N O o oO.o 0 0 0 0 0 0 0 Wzzzzzzzzz zz Y Y Y Y Y Y Y Y Y Y Y O m mm h ~D rn C] ~.t0 ~- N a N N N N N N 1n t7 N •p (O (O OJ N N ~ m (O m 0 N m 0 OJ OJ N O N 0 Q O m a m .- ~ ~ .- O? ~ mm o m O N m m m O m m m mrn rn rn m m rn m rn m m N a m m rnm m rn rn m m m rn m m N Q ~ .___.~__-_____- ¢ 6 ¢¢ ¢ ¢ ¢ ¢ Q ¢ 6 GQQ Q ¢¢ x Q Q¢ Q Q > 2 Z 2 Z.Z Z U Z Z Z.ZZ ~'.Y-c ~' w W W W W W Z W W.W W w ~ ~UYYYY YY¢YYYYY F N -~ _ .. ._ __._._.-____._._- W ~ Y z p ¢; N a vWi> mmQ oz. m m ^o0r Oo 0 0 N W W W W~ H J W h W m W N Z Z F- Z N1n a' Z N Z m Z W W W W.X X~ w X W% W O O m O O ~ N No o m m ~ N m N m N p p O~~ O O °r °O ~.O n ¢~o (ON Naa.- a n a J J W ~ O O x Z ¢ Y N U ~ ~ ?i ~ Q Z ~ ~ mo 3 Q~zv O W.W W 1-¢Z=~Z W O Dm w,,zll zp~zm~~ ~ ~~ J~~ Q ~~~ O a w ~.W.U O a ~ Y m O 2 Y U, Q ~x_.,.Z U N x¢ W 2~? x~ p O m w O N oom3N-,xo~w~ } 3 w oo ¢ o,a a o m a f- 1- N U r 4- N H H; H N rv~rvm nM 0 0 0 0 0 0 < V O P V P m m m m m m d C V Q V Q ~i AGENDA KENAY CITY COUNC%L -REGULAR MEETING JULY 5, 2006 7:00 P.M. Y{ENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) aze considered to be routine and non- controversial by the council and will be approved by one motion. There will be no sepazate 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. YTEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGYSLATORS AND COUNCYLS ITEM E: PUBLIC HEARINGS Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting and then was postponed to June 21, 2006. At the June 21, 2006 Council Meeting, Council recommended revisions. The motion to adopt is active and on the floor.) 2. Ordinance No. 2171-2006 -- Increasing Estimated Revenues and Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. 3. Resolution No. 2006-33 -- Approving the Sale of Lot Seven (7), Block Two (2), Evergreen Subdivision, Kim Addition. 4. Resolution No. 2006-34 -- Authorizing Submittal of a Grant Application to the Alaska Energy Authority for a Kenai Maintenance Shop Waste Oil Furnace for the Amount of $6,951. 5. Resolution No. 2006-35 -- Awarding the Bid to Foster Construction, Inc. for Kenai Municipal Park Improvements - 2006 for the Basic Bid and Additive Alternate 1 for the Total Amount of $72,315. 6. Resolution No. 2006-36 -- Approving a Contract to QAP for the Project Entitled Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, and Lighting 2006-2007 for the Total Amount of $10,659,554.00. 7. Resolution No. 2006-37 -- Setting the Public Hearing Date on the Proposed Shamrock Circle Paving District. 8. Liquor License Reaewal -Withdrawal of Protest/Alaskalanes, Inc. %TEM F: MINUTES *Regulaz Meeting of June 21, 2006. ITEM G: ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2172-2006 -- Adding Local Amendments to the International Building Code, 2003 Edition (KMC 4.05.015) and the International Residential Code, 2003 Edition, (KMC 4.32.015) By Including a Provision in Each Stating that Building Permits Expire Two (2) Xears After the Date of Tssuanre rtnless a,^. Extension is Granted by the Building Official. 4. *Ordsnanee No. 2173-2006 -- Amending the Kenai Zoning Code at KMC 14.20.150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning and Zoning Commission More Than Once in Any Nine Month Period. 5. *Ordinance No. 21?4-2006 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited "Junk" and "Litter" Under the City Code. 6. Approval -- Hattenburg Dilley & Linnell Proposal for Arsenio Groundwater Study -- $35,850. 7. Approval -- Wm. J. Nelson & Associates Proposal to Drill Exploratory Well at Section 36 Site -- $28.052. 8. Approval -- Lot 5, Block 5, General Aviation Apron, Assignment -Franklin G Wortham to ZYX Holdings Incorporated 9. Approval -Assignment of Lease, Lot 1, Block 1, Gusty Subdivision a. Assignment of Lease/Edward A. Ferguson to Sun Sims b. Amendment to Lease/Updating Insurance Requirements and Use 10. Approval -- Lot 3, Block 3, Cook Inlet Industrial Air Park a. Assignment of Lease/Decor Inlet Industries, Inc. to Integrated Account Management, Inc. b. Amendment to Lease/Updating Insurance Requirements and Incorporating a Development Plan. YTEM Y: COMMISSYON/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8c Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Stranded Gas ITEM J: REPORT OF THE MAYOR ITEM K: ADMYNISTRATYON REPORTS 1. City Manager 2. Attorney 3. Citv Clerk YTEM E.: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None scheduled. YTEM M: ADJOURNMENT KENAI CITY COUNC%L -REGULAR MEETING JULY 5, 2006 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES ITEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately * p.m, in the Council Chambers in the Kenai City Hall Building. A-I. PLEDGE OF ALLEGLANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Linda Swarner Rick Ross Robert Mollo Pat Porter, Ma or Joe Moore, Vice Ma or Absent were: Cliff Massie and Mike Boyle A quorum was present. Q)m~ pYP~PnS'~ T PC un1CPT1~ C}1ldent RepYPCPTItatiVP A-3. AGENDA APPROVAL Mayor Porter noted requests for changes to the agenda as: ADD AS: B-I -- Briaa Lowe, Proposal to approve existing roads in Dena'ina Point Estates/St. Augustine Addition. REMOVE: Iteac E-6, Resolution No. 2006-36 -- Approving a Contract to QAP for the Project Entitled Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, and Lighting 2006-2007 for the Total Amount of $10,659,554.00. MOTION: Council Member MOVED for approval of the agenda with the requested amendments and requested UNANIMOUS CONSENT. Council Member SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA KENAI CITY COUNCIL MEETING MINUTES JULY S, 2006 PAGE 2 MOTION: Council Member Molloy MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1 Bryan Lowe -- Proposal to Approve Existing Roads in Dena'ina Point Estates/St. Augustine Addition. This item was added to the agenda at the beginning of the meeting. Bryan Lowe -- Information related to Mr. Lowe's issue was distributed at the beginning of the meeting which included a letter of explanation and attachments. Lowe indicated he was requesting approval of his road on Dena'ina Point Estates/St. Augustine Addition serving six lots; he has acknowledgements from three engineers and three road builders stating their approval of the road as well as photographs (included in the packet of information distributed); he saw no problem in applying D-1 on top of the road as it would not change the integrity or stability of the road; and, he discussed the issue with the city manager and was denied the ability to place the D-1 on the roadway. Council discussed the issue briefly and comments included: • Whether the issue should be reviewed through the Board of Adjustment and a hearing scheduled or a special meeting held due to time constraints of the construction season. • Adequate time was not given to Council or Administration to review the information submitted by Lowe. • The item should be included as a discussion item on the July 19, 2006 meeting allowing administration to review the issue, meet with Lowe, etc. • Administration was directed to set a special meeting or Board of Adjustment hearing if necessary. ITEM C: UNSCHEDULED PUBLIC COMMENTS -- None. ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS E-1. Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 3 (Clerk's Note: Ordinance No. 2168-2006 received a motion to adopt at the June 7, 2006 Council Meeting and then was postponed to June 21, 2006. At the June 21, 2006 Council Meeting, Council recommended revisions. The motion to adopt is active and on the floor.` MOTION: Council Member Molloy MOVED to postpone Ordinance No. 2168-2006 to the July 19, 2006 council meeting. Council Member Moore SECONDED the motion. Council Member Molloy explained he was requesting the postponement because it was his understanding all council members would be present at the July 19, 2006 meeting and because there would be additional time to develop substitute language. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes MOT%ON PASSED UNANIMOUSLI'. F 2, ®3dflnanr,e Nn, 2977_?®Q~i __ Tnereacino Estimated ReVenUeS a^.d Appropriations by $11,680,065 in the Runway Safety Area Improvements Capital Project Fund. MOTION: Council Member Swarner MOVED for adoption of Ordinance No. 2171-2006 and Council Member Molloy SECONDED the motion. There were no public comments. City Manager Koch requested the ordinance be postponed to the July 19, 2006 meeting because the grant language had not yet been received from the FAA. MOTION TO POSTPONE: Council Member Ross MOVED to postpone action on Ordinance No. 2171-2006 until the July 19, 2006 meeting. Council Member Swarner SECONDED the motion and requested UN.4NIM0US CONSENT. There were no objections. SO ORDERED. E-3. Resolution No. 2006-33 -- Approving the Sale of Lot Seven (7), Block Two (2), Evergreen Subdivision, Kim Addition. KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 4 MOTION: Council Member Swazner MOVED to approve the sale of Lot Seven (7), Block Two (2), Evergreen Subdivision, Kim Addition, to Walt Larson for the terms of $9,500 at 11% interest. Council Member Moore SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mo11o Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2006-34 -- Authorizing Submittal of a Grant Application to the Alaska Energy Authority for a Kenai Maintenance Shop Waste Oil Furnace for the Amount of $6,951. MOTION: Council Member Molloy MOVED for approval of Resolution No. 2006-34. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. E-5. Resolutioa No. 2006-35 -- Awazding the Bid to Foster Construction, Inc. for Kenai Municipal Park Improvements - 2006 for the Basic Bid and Additive Alternate I for the Total Amount of $72,315. MOTION: Council Member Moore MOVED for approval of Resolution No. 2006-35 and Council Member Swarner SECONDED the motion. There were no public or council comments. Koch explained the Additive Alternate No. 1 as paving from the existing parking area to the existing picnic shelter. KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 5 VOTE: Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. E-6. Resolution No. 2006-36 -- Approving a Contract to QAP for the Project Entitled Kenai Municipal Airport Runway Improvements: Safety Areas, Pavement, and Lighting 2006-2007 for the Total Amount of $10,659,554.00. Removed from the agenda. E-7. Resolution No. 2006-3? -- Setting the Public Hearing Date on the Proposed Shamrock Circle Paving District. MOTION: Council member Moore MOVED for approval of Resolution No. 2006-37 and requested UNAN%MOUS CONSENT. Council Member Ross SECONDED the motion. Tl'9 PYP ti)PrP rla y^,~.,tb11C Comoro»te, Cnt1Z2Ci1 A~em her 1:~^,^.re stated he appa'eciatcd administration keeping track of petitions received, i.e. order received, etc. Koch explained, a petition had previously been received for the Angler Drive area and because no funds were available, council had decided not to move forward with the project. It was also confirmed, though a new petition packet was forwarded to a property owner from Angler Drive, no new petition had been submitted for processing. VOTE: There were no objections. SO ORDERED. E-8. Liquor License Renewal -Withdrawal of Protest/Alaskalanes, Inc. MOTION: Council Member Molloy MOVED to withdraw the protest of the liquor license renewal of Alaskalanes, Inc. since accounts had been brought into compliance with tax delinquencies and lease payments. Council Member Moore SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 6 *Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNAN%MOUSLY. YTEM F: MINUTES F-1. Regular Meeting of June 21, 2006 -- Approved by consent agenda. ITEM G: UNFINYSYiED BUSINESS -- None. ITEM H: NEW BUS%NESS Ii-1. Bills to be Ratified MOT%ON: Council Member Molloy MOVED to ratify the bills. Council Member Moore SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Ii-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED for approval of the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Moore SECOI the motion. Koch requested the purchase order to Wince-Corthell-Bryson be removed from the list due to the lack of grant declazation from FAA. MOTION TO AMEND: Council Member Swarner MOVED to amend the list by deleting the purchase order to Wince-Corthell-Bryson and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 7 H-3. Ordinance No. 2172-2006 -- Adding Local Amendments to the International Building Code, 2003 Edition (KMC 4.05.015) and the International Residential Code, 2003 Edition, (KMC 4.32.015) By Including a Provisson in Each Stating that Building Permits Expire Two (2) Years After the Date of Issuance Unless an Extension is Granted by the Building Official. Introduced by consent agenda. H-4. Ordinance No. 2173-2006 -- Amending the Kenai Zoning Code at KMC 14.20.150 to Prevent the Same or Substantially Similaz Conditional Use Permit Applications From Being Considered by the Planning and Zoning Commission More Than Once in Any Nine Month Period. Introduced by consent agenda. H-5. Ordinance No. 2174-2006 -- Amending KMC 12.20.030 by Better Describing and Defming What Constitutes Prohibited "Junk" and "Litter" Under the City Code. Introduced by consent agenda. H-6. Approval -- Hattenburg Dilley & Linnell Proposal for Arsenic Groundwater Study -- $35,850. MOTION: Council Member Molloy MOVED to approve the Hattenburg Dilley & Linnel Proposal for Arsenic Groundwater Study of $35,850 and Council Member Moore SECONDED the motion. Koch explained the proposal for groundwater studies will try to delineate the azsenic concentrations in the groundwater around the City of Kenai; the importance of having the study completed in a timely manner for prepazation of funding requests; and, the information will be needed fox scope of work for future construction plans for the utility. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 8 H-7. Approval -- Wm. J. Nelson & Associates Proposal to Drill Exploratory Well at Section 36 Site -- $28.052. MOTION: Council Member Molloy MOVED for approval of the Wm. J. Nelson 8v Associates Proposal to Drill Exploratory Well at Section 36 Site in the amount of $28.052. Council Member Moore SECONDED the motion. Concerns were expressed of how close in proximity to the former waste disposal site the well would be drilled. Koch noted, the desire of the city is to find a well of sufficient depth that water would not be contaminated; a test hole would be drilled; and, a potable well would be best. VOTEc *Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. H-8. Approval -- Lot 5, Block 5, General Aviation Apron, Assignment - Franklin G. Wortham to ZYX Holdings Incorporated MOTION: Council Member Swarner MOVED for approval of an Assignment of Lease from Franklin G. Wortham to ZYX Holdings Incorporated and Franklin G. Wortham, Individually. Council Member Molloy SECONDED the motion. There were no objections. SO ORDERED. H-9. Approval -Assignment of Lease, Lot 1, Block 1, Gusty Subdivision H-9a. Assignment of Lease/Edward A. Ferguson to Sun Sims H-9b. Amendment to Lease/Updating Insurance Requsrements and Use MOTION: Council Member Ross MOVED for approval and Council Member Moore the motion. KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 9 Upon request, Koch indicated the new lessees were currently owners of several tobacco shops in the area (one currently situated on the Gusty Subda`vision lot) and in Wasilla. He added, in checking with administration, he learned it is not normally a part of the process to learn to whom the leases are being assigned, but would if directed to do so by council. Michael Butler -- Indicated Sun Sims is his wife; they own several retail stores in Kenai, Soldotna, Eagle River, and Wasilla; they currently own the Golden Eagle Smoke Shop (on the Gusty property) and would like to transfer the lease to their name. Council discussion followed and it was asked if past lease deficiencies related to rate adjustments could be cured as a condition to bring the lease into compliance with code requirements. Graves noted, it could be explored; it is an old lease with lease language without an automatic renegotiation lease rate provision, which had been a problem in years past; a temporary patch had been negotiated; the amendment would indicate a use for the property; and, now would be a good time to bring a more permanent resolution to the lease rate issue. Graves suggested the issue be postponed in order to allow administration to discuss the matter more thoroughly with the parties, do some research, etc. Butler was asked if he had any objection to postponing the matter and he answered no, but would like to have the assignment completed as soon as possible. MOTION: Council Member Ross MOVED to postpone action to the July 19, 2006 council meeting and Council Member Swarner SECONDED the motion. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mollo Yes Bo le Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. H-10. Approval -- Lot 3, Block 3, Cook Inlet Industrial Air Park H-10a. Assignment of Lease/Decor Inlet Industries, Inc. to Integrated Account Management, Inc. MOTION: KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE IO Council Member Swarner MOVED for the approval of the Assignment of Lease from Decor Inlet Industries, Inc. to Integrated Account Management, Inc. and John C. and Marie L. Parker, Individually. Council Member Moore SECONDED the motion. It was explained, development would be on a two-year time table with a cancellation clause if not developed within that time. John Parker -- Stated that, upon receipt of the Assignment of Lease, he would be ordering materials and that he already had submitted a building permit application. VOTE: *Student Representative Krusen: Yes Swarner Yes Massie Absent Ross Yes Mol1o Yes Bo Ie Absent Porter Yes Moore Yes MOTION PASSED UNANIMOUSLY. H-lOb. Amendment to Lease/Updating Insurance Requirements and Incorporating a Development Plan. MOTION: Council Member Molloy MOVED to approve Item H- lOb, the Amendment to the lease. Council Member Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. 50 ORDERED. YTEM Y: COMMISSYON/COMMITTEE REPORTS I-1. Counoii oa Aging -- No report. %-B. Airport Commissioa -- Council Member Swarner reported the next meeting was scheduled to be held on July 13, she would be unable to attend the meeting, and enplanements were up. I-3. Harbor Commission -- Public Works Manager Kornelis reported the next meeting would be held on Monday, July 10, 2006. I-4. Library Commission -- Council Member Molloy reported the next meeting would be held on July I1, 2006. I-5. Parks 8s Recreation Commissioa -- Council Member Moore reported the next meeting would be held July 6, 2006. Koch reported, the sprinkler project for Leif Hansen Memorial Park was out to bid and gave an update related to the grassing KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE I1 process of the Millennium Square property. He reported additional information would be forwarded to council at its next meeting. I-fn. Planning & Zoning Commission -- Council Member Ross noted the minutes of the June 28, 2006 Commission meeting were included in the packet. He also noted the resignation of Lori McLennan and the application of Mary Zumwalt included in the packet. Mayor Porter stated she wanted to delay an appointment for several weeks in order for other applications to be received. I-7. Miscellaneous Commissions aad Committees I-7a. Beautification Committee -- Council Member Swarner reported the next meeting would be held Tuesday, July 11, 2006. I-7b. Alaska Municipal League Report -- Swarner reported the Summer AML Legislative Committee meeting would be held August 10, 11, and 12 at which policy statement information would be discussed. I-?c. Stranded Gas -- Council Member Ross reported a meeting had been scheduled for July 14 in Juneau. He, however, would attend telephonically from the Legislative Information Office in Anchorage. ITEM J: REFORT OF THE MAYOR -- Mayor Porter reported the following: • The town clock dedication would be held at 3:00 p.rn., July 20, 2006. • The Russian Far East delegation will arrive on July 17. • Has discussed with Mike Navarre the possibility of his being a representative of the city for the next Russia/Alaska exchange. ITEM K: K-1. City Manager -- City Manager Koch reported the following: • He is working on library issues, i.e. other available properties for a new building, contacting Carr-Gottstein and the State, and would report again at the July 19 meeting. • Working on PRISM issues, noting there had been a lot of interest from individuals or companies related to taking over the management of the facility. He is investigating what framework of management agreement would be appropriate, including formation. of an advisory board (which was well received by Conoco-Phillips). • Recently met with Brian Lowe and was trying to work through several issues other than the road acceptance. • At the July 19 meeting, he will bring some suggestions for prioritizing projects to be funded from the $322,000 state grant. • A work session with the Airport Commission, KEDS, and members of the Planning & Zoning Commission has been scheduled for July 13, immediately following the regular Airport Commission meeting. The purpose of the work session will be to come to a consensus related to the Airport Reserve boundaries. Upon coming to KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 12 consensus, FAA would then be contacted and a deed release for properties along Marathon Road will be requested. • A clean up schedule has been set for the Central Heights subdivision; the city will provide a dumpster from July 14-24; and, following the clean up, the city will be enforcing the code related to unsightly premises. Ross stated Koch corrected his misstatement from the June 21 meeting at which he stated the Recreation Center contract was up for renegotiation this year. Ross noted, the contract would be up for renegotiation next year. Mayor Porter noted, the Boys Sv Girls Club received a state grant for $40,000 for upgrades to the Center. K-2. Attorney -- Attorney Graves reported a draft of the mixed use zone ordinance had been submitted to the Planning & Zoning Commission for review. He added, he believed the ordinance would be before council in August. K-3. City Clerk -- No report. ITEM L: L-1. Citizens -- None. L-2. Council -- Moore -- Council Member Moore noted the following: • Questioned the backhoe and wire at Spruce Street entrance to the beach. Koch reported the eouipment is there for placement of fiber-optic cable. Administration has concerns of damage to the dunes and is investigating the issue. The work is being done in the HEA easement. • Questioned the purchase order for the Gerald Schullman honorarium. Senior Director Craig reported the funds were from grant monies received for training. • Suggested council should receive information related to who leases are being assigned. Koch stated he and Attorney Graves would discuss appropriate questions that could be asked. • Asked how the city acquired the Sterling lots included in the sale booklet included in the packet as Information Item No. 5. Graves reported they were part of the Tnlet Woods settlement. Porter noted, previously council discussed holding an outcry auction when selling lots. Swarner -- Council Member Swarner noted the following: • She was happy to see the lots being sold. • During the Fourth of July parade, she noticed a lot of sand by the island at the Spur Highway/ Willow Street intersection. • Sand is also on the sidewalk handicap access points. • Noted debris on the city property leased to the towing company. Koch explained the city was in the process of rescinding the lease and intend to have the KENAI CITY COUNCIL MEETING MINUTES JULY 5, 2006 PAGE 13 property cleaned up upon repossession of the property. Graves noted, the repossession should be within approximately 25 days and the city would be seeking damages. • Suggested the print of the personal use fishery brochure be larger for easier reading. • She is looking forward to the Russian visitors and indicated additional information related to the visit will be forwarded. Krusen -- No comments. Ross -- No comments. Molloy -- No comments. Porter -- Questioned whether the parking lot improvements will be completed during the summer. Kornelis confirmed it was planned the improvements would be completed during the summer. -- None scheduled. ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately S:I7 p.m. Minutes submitted by: Carol L. k'reas; City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory cotes shall be cast prior to the official council cote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. F-a. KENAI C%TY COUNCIL &KENAI LIBRARY JOINT WORK SESSION KENAI COUNCIL CHAMBERS JUNE 27, 2006 6:00 P.M. MAYOR PAT PORTER, PRESIDING NOTES %TEM I: CALL TO ORDER & ROLL CALL Mayor Porter called the work session to order at approximately 6:00 p.m. Those present were as follows: City Council Members: Mayor P. Porter, R. Molloy, R. Ross, L. Swarner Staff: R. Koch, M. Joiner, C. Graves, J. LaShot, R. Springer, J. Lockwood Commissioners: B. Peters, K. Heus, E. DeForest, R. Gilman, C. Brenckle, C. Cook, E. Bryson Others Present: Peter Klauder, Architect ITEM 2: STATEMENT DEFINING PURPOSE OF WORK SESSION Mayor Porter stated the purpose of the work session was to look at options for library expansion, receive advice from the Library Commission and decide upon action to be taken. She stated this was an informatiorrgathering session and that decisions would be made at a later date by the full City Council. ITEM 3: IDENTYFICATYON OF PREFERRED ALTERNATYVE BY LIBRARY c°~.Oiril6'Ii$s' ION Commissioner Peters explained the Commission had no one recommendation at this time, but hoped to reach a consensus through working with Council. ITEM 4: PROJECT SCOPE Discussion included: • Concerns related to shared parking with the both options to expand the current library and the option of locating the library in the State's old Courthouse building. Future needs of entities sharing pazking are difficult to anticipate. • The State's building would have adequate space to meet longterm growth and would retain green space, but would have challenges in remodeling and there are existing offices the City would want to keep in the City. An option would be to move these offices into the current library space. There were no firm figures in remodeling costs. • Building on a new location would costapproximately $300 to $325 per square foot and would require between two to 21/2 acres of land. This option might better secure grant funding with City using own property. The green strip across from King's Inn was mentioned. • Possible new option considereddiscussed was locating in the Carrg Gottstein Mall. Concerns regarding leasing of space verszs purchasing. Parking not an issue. ITEM 5: FINANCYAL DISCUSSION Discussion included: • City could pledge up to $1 million without voter approval. Anything above that amount would require voter approval. • Federal funding through LSTAwould be unlikely at this time, as no monies have been earmarked for Alaskan librazies. • Using City-owned property might better secure grant funding. • Other funding sources discussed induded Rasmuson Foundation, Murdoch Foundation, Gates Foundation and Kenai Peninsula Borough. ITEM 6: COUNCIL COMMITMENT TO LIBRARY PROJECT NEWlEXPAND Porter stated the Council was committed to the Library project. ITEM 7: COUNCIL WILLINGNESS TO HEDGE CITY RESOURCES TO PROJECT Reiterating discussion from Item 5, the Citycould pledge up to $1 million without voter approval. Anything above that amount would require voter approval. ITEM 8: TYMELYNE/SCHEDULE City Manager Koch explained, the process for this type ofproject would take time; granting agencies are generally the last to pledge funding; a bond proposition would need to go to the voters and if the voterswould say yes, then granting agencies would need to be contacted; and, it would be 2009 before getting to the point that things begin to happen. Koch stated he believed it took Haines ten years to acquire funding, etc. to build their library. FINDINGS: Based upon the discussion, Porter requested Administration to research the following and report findings at the July 19, 2006 City Council Meeting: • Availability of the State's old Courthouse building. • Possible new site locations withtwo to 2~h acres. Gazrs-Gottstein space availability only if for sale. The meeting adjourned at approximately 7:20 p.m. Meeting Summary prepared by: Jenifer C. Lockwood, Temporary Acting City Clerk LIBRARY COMMISSION MEETING MARCH 7, 2006 PAGE 2 -.~f, ~~ ~_ _~_- ;_ m the cefy a f, KENAA~ SKA '°(/illa e wit~t a Past, Gi wit~i , ` I 9 ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us Memorandum Date: duly 13, 2006 To: Rick R. Koch, City Manager From: Kim Howazd, Assistant to the City Manager RE: Lot I, Block 1, Gusty Subdivision (1) Assignment ofLease -Edward A. Ferguson to Sun Sims (2) Revised Amendment to Lease -Updating Insurance Requirements, Use and Rent Escalation Clause Michael Butler, on behalf of Sun Sims, contacted me and said that they have no objections to the a ~.__,.._.~__ t Case. The re'v'ised dOCL'rnent `.~ attached a,^.d :nCOr^S>ratCS tha, rant prvpoScunnrerzulrsent O L° Y escalation clause that other leases have. The City Attorney has reviewed the documents and has approved the forms. If Council agrees to the assignment, a Consent to Assignment can be executed. Also, if approved, the Amendment to Lease can be signed. Cc: Professional Escrow Services, Inc. Mike Butler Attachments /kh That certain lease recorded on October 24, 1977 and in Book 115, Page 947, between the CITY OF KENAI, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 and EDWARD A. FERGUSON, and subsequently assigned to SUN SIMS, whose address is P.O. Box 671091, Chugiak, Alaska 99567, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska: Lot One (1), Block One (1), Gusty Subdivision, according to Plat No. K- 1700 is hereby amended as follows: (1) The purpose for which the Lease is issued is for uses as allowed under the Kenai Zoning Code in the General Commercial Zone, (2) to reflect that the lease is hereby modified to include the insurance requirements described below, and (3} is further amended to incorporate the Rent Escalation clause described below. TNT)FMNTFTC'ATTC)N ANT) TNCi TR AN('F: Lessee covenants to save the City harmless from ald actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term. of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Lessee. Insurance requirements hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the Ciry. All policies or endorsements Amendment to Lease -Page 1 of 4 thereto shall in all cases where possible name City as Additional Insured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Comprehensive General Liability Combined Single Limit (Bodaly Injury And Property Damage): acv"0,600 Workmen's Compensation - Statutory Limits Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies aze terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Lessee. ACTT FSCAT,ATTnN• In the event this Lease is for a term in excess of five (5) years, the amount of rents or fees specified herein shall, at the option of either parry, be subject to redetermination for increase or decrease based on 6% of fair mazket value. No increase or decrease in the amount of rents or fees shall be effective, until after thirty (30) days written notice. Fair Market Value is defined as "the highest price estimated in terms of money which a property will bring if exposed for sale on the open mazket allowing a reasonable period of time to fmd a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used". This Fair Mazket Value will be based on the condition of the land on the date of this lease plus the value of improvements, if any, made by the City subsequent to the Amendment to Lease -Page 2 of 4 date of this Lease which would affect the value of the property. The first redetermination under this section shall be in 2010. At each five (5) year interval, the City will have the fair mazket value determined by a qualified independent appraiser. LESSOR: CITY OF KENAI By: Rick R. Koch, City Manager LESSEE: By: Signature STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2006, Rick Koch, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeazed before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Amendment to Lease -Page 3 of 4 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS dS TO CERTIFY that on this day of , 2006, ,being personally known to being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: Approved as to form: C ~~ Cary R. Graves, City Attorney Return to: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Amendment to Lease -Page 4 of 4 } ~ Y\ - ~ - ' _- _/ "I/illa9e rtiitlr a fast, ~;'~~' a ~~ril~ ~~ o ut~re„ 210 Fidalgo Avenue, Kenai, Alaska 99511-7794 Telephone: (907) 283-7535 /Fax: (907) ~' ,-3014 www.ci.kenai.ak.us Date: June 28, 2006 To: Rick R. Koch, City Manager From: Kim Howard, Assistant to the City Manager ~ ~ RE: Lot 1, Block I, Gusty Subdivision (I~ Assignment ojLease -Edward A. Ferguson to Sun Sims (2) Amendment to Lease -Updating Insurance Requirements and Use Edward A. Ferguson (through Professional Escrow Services, Inc.) has requested to assign his lease for the referenced property to Sun Sims. The property is located at the intersection of the Spur Highway and Main Street Loop and is shown on the attached map. The lease states the lessee shall not "assign his lease or any part, not let, nor sublet, either by grant or implication, the whole part of the premises or any part without written consent of the City." The proposed Assignment of Lease is attached. As the older leases have come up for assignment, we have been requiring an amendment updating the insurance requirements. The assignment of this lease should be contingent upon the new lessee agreeing to amend the lease to incorporate new insurance requirements. Also, when this lease was signed in 1970, the purpose for which it was issued was left blank. The attached amendment updates the insurance requirements and changes the purpose for which the lease was issued to uses permitted under the Kenai Zoning Code in the General Commercial Zone. There are 19 years remaining on the term of the lease. The parties are in compliance with the City and Borough. The City Attorney has reviewed the documents and has no objection as to the forms. If Council approves the assignment, a Consent to Assignment can be executed. Also, if approved, the amendment can be signed. Cc: Professional Escrow Services, Inc. Attachments /kh Kenn: .., JP4r lyiyj, ET®LIN (~ jl j1~f ASSIG LAMENT OF LEASE This assignment is entered into between Edward A, Fereuson (name), P.O. Box 128 Kenai, AK 99611 (address) (Assignor) and Sun Sims (name) P.O. Box 671091 Chueiak, AK 99567 (address) (Assignee). Assignor does herebv assien and transfer all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor recorded October 24, 1977 (date) at Book 115 Paee 947 Kenai Recording District and coverine the fo )lowing-described property Lot One (1), Block One (11, Gusri Subdivision, according to Plat No. K-1700 to Assignee to have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this day of , 2006. ASSIGNOR: By: (Name) ASSIGNEE: By: (Name) (If Lessee is a Corporation) ATTEST: Name Title Assignment of Lease - Page I of I STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2006, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2006, being personally known to me or having produced satisfactory evidence of identification, appeazed before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: Retttrtt to: City of Kenai 210 Fidalgo Avenue Kenai, AK 9961 I Assignment of Lease -Page 2 of 2 f\ ~, ~N'ii d _ -~_- - ~t{re ct~ o f KENAI~~ALASKA MEMO DU `° wi ti Past Gi wit~t Vifla9e t a y 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us To: City Council V y , From: Rick Koch, City Manager v Date: July 13, 2006 Subject: Bryan Lowe - Dena'ina Point Estates - St. Augustine Addition The purpose of this correspondence is to inform the city council that it is my intent to rescind my decision requiring crushed aggregate base course roadway surfacing and have decided to accept the 2" minus non-frost susceptible pit-run material presently installed at the above referenced subdivision as the roadway surface. Though no written documentation exists, I believe that Mr. Lowe was told the material he used to construct the roadway surface would be accepted by city officials. This does result in a lower quality roadway surface that increases maintenance costs over a crushed ]_ ]' 1 1 1 _J t L_TJ aggregate standard, bllt is nut ut~sitziiiar tG iYlany otner ~[avci ruauWayS Wiuiiri tuc nciaai corporate boundaries. At this juncture I believe it would be unfair to Mr. Lowe to require construction to a crushed aggregate standard. It is my intent to bring to the council a more comprehensive discussion of development standards this fall, fallowing this years construction season. Mr. Lowe must comply with all other requirements identified in my June 28, 2006 correspondence. Thank you for your attention in this matter. j' °°Vcf/a~e wit~t a Past Gib wit~i r FutuYe°` ~;~,~-~~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 !Fax: (90"T) 203-3014 ~_ www.ci.kenai.ak.us fhea~of KEKA~ SKA E~ ~UM TO: Mayor Porter and the Kenai City Council CC: Rich Koch, City Manager; and Carol Freas, City Clerk FROM~'K'~ Cary R. Graves, City Attorney DATE: July I1, 2006 RE: Bryan Lowe Request During the council meeting of July 5, 2006, Bryan Lowe requested the City Council review a decision made by City Manager Rick Koch regazding road construction in Dena'ina Point Estates-St. Augustine addition. The question arose whether the request should be processed as a Board of Adjustment issue under the appeal process in KMC 14.20.290. The Board of Adjustment appeal process encompasses appeals of both administrative and Planning and Zoning decisions made under Title 14 of the City Code. In this case, the City Manager made his decision under KMC 18.10.030 (Street Improvements). Since the decision was made Lnrler Tlt,e 18 (Streets and Drainage) rather than Title 14 (Planning a:~d Zo..i:.g), Mr. Lowe's request should not be heard as a Board of Adjustment appeal. Therefore. Mr. Lowe's request should be placed on the agenda as a discussion item rather than be scheduled as a Board of Adjustment appeal. Please let me know if you have any questions. CRG/sp ~ 18.10.030 Street improvements. All streets and public ways shall be graded to their full width, as required by the City Manager to the appropriate grade, and shall be surfaced to a minimum width of thirty feet, and all major streets shall be surfaced to a minimum width of forty feet. The cross-section of construction shall contain non-frost, susceptible material to the depth of 42 inches or down eo sand, as required by the City Manager, from the grade approved by the City, then there shall be added non frost, susceptible material 18 inches of the normal surface grade of the adjacent lots; or, as established by the City Manager, there shall be added thereon gravel approved by the City Manager for a depth of six inches, so the crown of the finished street shalt be not less than twelve inches from normal surface grade of the adjacent lots before compaction of the gravel. Such construction shall be subject to inspection and approval by the City Manager, and shall comply with all applicable City standazds for construction. To: Kenai City Council From: Bryan R. Lowe Subject: Proposal to approve existing roads in llena'ina Point Estates-St Augustine Addition Bryson Avenue, Hannah Street, and Iliamna Avenue OS-JiJL-06 Dear Council Members, 1 am a long time resident and business owner of our city, I am writing to you today to request that you review my appeal to a recent decision made by the city manager. The roads in question were constructed and initially intended to be private roads serving six residential lots. Logistical issues that azose as the development of the subdivision progressed required that the streets be made public. I met with city officials to discuss the roads, and was told that if I had an engineer assess, and sign off on the road it would be approved "as is". After Mr. Koch was hired, I met with him, and was told that I had to place D 1 course on top of my finished roadway. I requested that an exception be made since my road had been deemed acceptable by my engineer and city personnel. After Mr. Koch denied my request, and in preparation to bring this before the council. I brought in two additional engineers to exam and test the roads for safety and stability (see attached reports). Their assessments are in agreement with my engineer. Mr. Forsi. l also consulted with three experienced road builders to confirm that my roads would serve their functionality without the D 1 leveling course (see letters). In summation. P feel that my roadways are built as well as any other in the municipality if not better than most. It has been the unanimous opinion of everyone that I have consulted that the existing roads will serve the six lots and the benefit of adding DI is minimal if not unnecessary. I respectfully ask that you reconsider Mr. Koch's decision based on the information that you have before you, and in light of the financial burden that will be placed on ,~,e to change the existing roads dt!s late in the development process. I appreciate your time and effort in resolving this issue. Sincerely. %'~ Bevan Lowe s \\ \/ \°\ " r ao a ° J ° I .® s ti ~' ~o ~, o~ ~ ~~< FP F~ ~~ O~ ,`F° /~, \ /~~ H~+® a ` OELef'~L Rey f ~o '-'J a _-sue, e ~~ 1a i' / ,/ J~ ® a c t p,~`P S ro ® o L ° ~ ~ ~° /+ ~ o a wan- 3 N m n p 3~ R; m '~ ` ~ p ~ 9 p ~ N ® n =~ is y / °i ° ® ° ' .. 3s Dop D D w g ® t ®0s n a r y i p x Z 9; •1 I O ~ a P yp s ~ p D p o` _ ° ~ O ' °1 yoi in C i i :i 01~O~mm ...+ ® ~ ® 6`® 'p I I ! ( Z A ~ ~ ~ i ?p ?-tRC - o p ~e '£ ~ o ~ mo i.l ' ~ am ~voR rP 2 m ~ ii;s ® ~ m ~ o ~) ~ ~ 1 y 'F ( 1 1~ N .~ N ~ ~®~v~4 g 3_.. ~ ~ ~ i I ~ -- c w~1po®w an° i _ : _ Z ~~ i ~t~ ~ ~ .. 2 Z y w oo D p ®~ ~O 3 _ _ ~ 1 i ® _ U)N P n M v> O f ~ "j ~ ~~ I x 9c nR Q m ®~ I~ ~_ ogm ~ ;3 m - ~ n I _ y n z J •.,.Dyrz Q R °s n p•°es y I 3 r ~ D ~ n a 1u ~ ~ a u p ®~ ® ~ a « _ 0 A a=1D wE~ ~ - f i~ 2 p ° ' m P 4 W ~~ ~ g 3°' s ~ w A ~ « H boa 6 ,. m . c m ~~;~ _ _ t~rece~af KENR~ SKA ®`V lfa e wit~t a Past, Gc with a 9 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us MEMO DU To: city council From: Rick Koch, City Manager Date: July 13, 2006 Subject: Kenai Municipal Library The purpose of this correspondence is to report my progress to date on a number of tasks assigned by the council to the city manager. Discussion with State of Alaska regarding State Office Buildang I have not been able to speak with the Director of the Division of Administrative Services but will do so upon his return after August 151. Discussion with %arr-i~ottstein regarding v acani Buiiding Space I am waiting to hear back from Carr-Gottstein to discuss this alternative. Parking Requirements for 2026 Build-Out at Existing Site Attached please find a sketch and worksheet addressing this issue. It appears that the required parking could be provided on site to support a +/- 27,000 s.f. library meeting projected 2026 needs. This does not assume shared parking with the state office building. Property Owned by The City of Kenai that could be used for a new library site. Attached please find an 11" x 1 T' rnap showing parcels of at least 2.5 acres in size located in areas with compatible zoning. I would like the council to consider conducting a scientific poll to include among other topics the question of a new library. The following are questions I believe it would be beneficial to the council to ask of a representative sample of the community: Page 2 Memo to Council July 13, 2006 1. Given that no bond monies would be spent until other sources of funding are secured to construct a $ 4 - $ 8 million new or expanded library, would you support a bond proposition in the amount of $ 2 million for the construction of anew, or expanded library. A $ 2 million bond would increase property tax by $ ??? for each $ 100,000 of assessed value. 2. Would you be in favor of the removal of snow from city streets rather than plowing to the sides of the right-of--way? It is estimated that removal of snow will increase operational costs by $ 70,000 annually. 3. Would you be in favor of requiring new roadways in both residential and comrnercial areas be constructed to an asphalt surface standard? The above are a few of my thoughts. If the council were in favor of having conducted a scientific poll I suggest they agree upon 8-12 questions for which they would like to be snfonned as to the wishes of the community. Thank you for your attention in this matter. ~ u.t ; t i ~ i ~ I i ~ C7 ! '' (~ d , i Z J i I ; i m i ~ i x ,~~, ~ ~ ~ I I I --- --- _------------------ I - i 'r- ~. -- ~ , \ I / j ~~~ ~ ~ R ~ ~ \ 4 IL7 ZQZ~Cn v ® ~- Yam ~, w ono ~ a t.~r U ~ N I i Q ~ ~ i ~' a~"rw I \ ' ~ I . ~ E- Q Z i ~ -~ W Z ~ W (n v O~ 0 1 J ~ ~ ~ ~ ~ ~ O i Q /N ~ O ~ Q pa ~ ~ Y~ ~ ~ p~, ~ N~ ~o~~ao ~ I ~~ ~ i a.+ o JC .~ ~ c~ W I j ~ I ~ ~ 1 ,;: ~~::< ~ ~ ..._ O ~~::. a ~' I ~.s~: ~,~~., I i, >z ~o ~; i I a ----- - ~ ,~ ~ ~-`` ~ ~ ~ ~ i ', IoX oo /`„ `'? zoo ~wW ~-~ ~i (?U-~ I i `° ¢¢ i ~~ W m II ~ ~ '~ ~ ~ FQ- N-I ~ ~ ~ _ ~ ~ ~ a ~ ~ ~ ~ ~ Z ~ W z ~ o v J F J uQi d ~ _ F z w ~ 0 0 ® ~ > ~ z 0 a- v W U J Z U Z w N U ® O Q ~ ~ Z m N O. ~ U ~ W ~ V `~ N U W J J ® ~ °o ® a ~ o° "' O t .. ~ z v p U O ~ w r~ ~ ~ m ~"' r z w w g Q O n ` O ~ Kw a v ~ = a Q O a a Q U Z a U Q w w Z S U_ S S O N e9 c of O r } ~ J r ~ N .7 W ® lL y O d' C7 W Z !/P ~ .-f V Z ~ U 0 0 0 0 n 2 H ~ 2 W O Z U C7 C3 Z q W W O a d ~~ ~O ® °da z U K O Wo > ~1 ~~ Z ZZ Wa a ZZ l~/9 C9 p~p O WQ Z PS m J W U W W Z ~! ~i Qw K O w N V ®. LL Q S N ~, S Y J O O d N W N d Z y~_ z w a a 0 }a Q ~~ Oa u. ~~ d2 O `n y~Z Z~ W W Z m J W 4_ Y U Z N-a Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2175-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,250 IN THE GENERAL FUND FOR A LIBRARY GRANT. WHEREAS, the State of Alaska has provided a Public Library Assistance grant in the amount of $6,250; and, WHEREAS, the grant will be used to purchase books and for staff training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants 2 0 Increase Appropriations: Library -Books $5,000 - Transportation 1,250 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 19, 2006 Adopted: August 2, 2006 Effective: August 2, 2006 Approved by Finance:~~~~ (07/06/2006) hl Suggested by: Administration C%TY OF' KENAI ORDINANCE NO. 2176-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $17,187.05 IN THE GENERAL FUND FOR AN ALASKA HIGHWAY SAFETY PROGRAM GRANT. WHEREAS, the Kenai Police Department joins with other law enforcement agencies statewide to support Alaska Highway Safety Office (AHSO) traffic safety programs; and, WHEREAS, in May of 2006, the AHSO awarded the Kenai Police Department $25,200 in police overtime wages to work DUI and Seatbelt overtime patrols from May 2006 to January 2007; and, WHEREAS, Kenai Police Officers have worked extra patrols totaling $8,012.95 in AHSO overtime for u'xe months of May and June of 2006, and rei.-nbursement funds have been requested from AHSO; and, WHEREAS, $17,187.05 of anticipated overtime remains of the original $25,200 awarded to the City of Kenai from AHSO; and, WHEREAS it is in the best interest of the City of Kenai to appropriate these funds for the stated purpose of the grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as fO110WS: General Fund Increase Estimated Revenues: State Grants $17,187.05 Increase Appropriations: Police -Overtime $17,187.05 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 19, 2006 Adopted: August 2, 2006 Effective: August 2, 2006 Approved by Finance:_ (07/06/2006) hl Suggested by: Administra CETY OF KENAI ORDINANCE NO. 2177-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500 IN THE GENERAL FUND FOR POLICE TRAINING. WHEREAS, the City has received $2,500 from the Alaska Police Standards Council for police training; and, WHEREAS, these funds will allow for additional officers to receive police related training throughout FY2007; and, WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its police officers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Revenue $2,500 Increase Appropriations: Police -Transportation & Training $2,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of August, 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 19, 2006 Adopted: August 2, 2006 Effective: August 2, 2006 Approved by Finance: (07/ 10/2006) hl }~-6 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2178-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND, DESCRIBED AS TRACT A, PARK VIEW SUBDIVISION (PARCEL NO. 04701018), CONSISTING OF 2.092 ACRES AND SHOWN ON THE ATTACHED MAP, IS REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai acquired property in 1967 (from a State of Alaska patent) identified as Tract A, Park View Subdivision (Parcel No. 04701018); and, WHEREAS, Ordinance No. 919-84 found that the property was not required for a public purpose and be made available for lease or sale; and, WHEREAS, the City recently received a request to purchase the property; and, WHEREAS, because Ordinance No. 919-84 determined the property was not needed for a public purpose over 20 years ago, the City Manager requested that the Parks and Recreation Conunission and the Planning and the Zoning Comnssion give recommendations so that Council can re-determine whether or not the property is needed, or not needed, for a public purpose; and, WHEREAS, the unanimous recommendation of the Parks and Recreation Commission was that the property be retained for public purpose and the reasons cited included its proximity to the beach, Municipal Park and the little league fields, and, additionally, the property could be used for other designated City use, i.e. museum, overflow parking lot for the dip iict fishery, or a future park; and, WHEREAS, the Kenai Planning and Zoning Commission voted 3 to 2 to retain the property for a public purpose; and, WHEREAS, KMC 22.05.050 provides for the dedication of lands for a public purpose if so determined by the City Councff. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned land, described as Tract A, Park View Subdivision, (Parcel No. 04701018), consisting of 2.092 acres is required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5~ day of August, 2006. PAT PORTER, MAYOR ATTEST: Cazol L. Freas, City Clerk Introduced: July .9. rG06 Adopted: August ~, 2006 Effective: September 5, 2006 Attachments Approved by Finance: (7/13J2006)kh -~;~r, ~=~~ _ ~ . ~. ___z ._<_ thearyaf KENA~ SKA "~/clla~e wit~t a Past, Gc`ty 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 Date: July 13, 2006 ~To: Rick R. Koch, City Manager From: Kim Howard, Assistant to City Manager RE: Tract A, Park View Subdivision (Parcel #04701018) We have received a request to purchase Tract A, Park View Subdivision. The property consists of 2.092 acres and is adjacent to South Spruce Street. A vicinity map is attached. KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose. Ordinance iVo. 919-84 allowing the sale was passed by Council and was effective on April 7, i 9&4. A sale was never finalized. (A sale would be by competitive bid at not less than the fair market value.} Given that the Council determined the property was not needed for a public purpose over 20 years ago, you asked for the Commissions' recommendations so that Council can re-determine whether or not the property is needed, or not needed, for a public purpose. Those recommendations are attached. KMC 22.05.050 (a) states, "Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall contain the public use for which said property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location." Attached is an ordinance for introduction stating the property is needed for a public purpose for Council consideration. Cc: Janie Odgers Attachments /kh ,~ ~ .~ Suggested by: Administration CITY OF KENAI ORDINANCE NO. 914-84 `Ii AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING ~~ THAT CERTAIN CITY-OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC ~ PURPOSE. _ f J, WHEREAS, KMC 22.05.010, .030, and .050 requires that the Council _ shall determine whether certai n City-owned properties are needed far a public purpose, and WHEREAS, the disposition or sale of such lands shall be made only upon finding that said property is not needed for a public y purpose, and ,ti'HEREAS, an application for purchase has been received by 'the City for a specific tract previously dedicated for park and ~ recreation use, and WHEREAS, the Kenai Advisory Parks & Recreation Commission later r recommended that this property was not needed for park and recreational purposes, and WHEREAS, this City-owned tract was subdivided for the sole purpose of disposition or sale to interested parties. / NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY nF 5 KENAI, ALASKA, as follows: Section 1: The described City-owned land is not needed for ~. a public purpose and is available for lease or sale: 9 Tract A, Park View Subdivision / y PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 1984. ~" TO WAGON , MAYO ATTEST: Ja~t Whelan, City Clerk //J Firsl Reading: February 15, 1984 Second Reading: March 7, 1984 Effective Date: April 7, 1984 j //V~llage WLGf'1 R t~aJL~ C.~Ga-j~ ~1/LVrra ~6:~Gt~u{'°~n `~=~~i,, 210 FidalgoAvenue, Kenai, Alas/ka 99611-7794 'I j~ __ Telephone: 907-283-7535 /FAX: 907-233-3014 ~~ --'~`` _ ~ 1992 tl~e a'iy o f KENA~ SKA ^ ^ TO: Rick Koch, City Manager ~ 1 FROM: Marilyn Kebschull, Planning Administrator THRU: Jack La Shot, Public Works Manager-~ DATE: July 13, 2006 SUBJECT: Tract A, Park View Subdivision At their meeting on July 12, 2006, the Planning and Zoning Commission voted 3 to 2 to retain the above-referenced property for a public purpose. The discussion included the following comments/concerns: • Concurrence with Parks & Recreation Commission's recommendation. • Noted the parcel has significant value and possibly should be sold. • Noted need for additional parking during dip net season. • Noted that it is unlikely the City will be able to obtain additional permits to fill areas for parking on the beach. • Concern that with the Kenai Care Center and Women's Resource Center in the area that a public use may not be appropriate. • Concern that Mr. Evenson's access to his property may be compromised if the parcel is sold. • Commented that the City has a significant number of parks. j "!/ilr'a9e wit~t a Past, Gc~ wit~i a Future" ~;~,. 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~, ~'~-- Telephone: 907-283-7535 /FAX: 907-283-3014 I~II'•i 1992 thea~of KENA~ SKA MEMO: TO: Marilyn Kebschull, Planning Administrator FROM: Robert J. Frates, Parks and Recreation Direct r' DATE: July 12, 2006 SUBJECT: Tract A, Park View Subdivision At their last regular scheduled meeting of Thursday, July 6~h, the Parks and Recreation Commission recommended that the above-referenced property be retained for a public purpose. Reasons cited included its proximity to the beach, Municipal Park and the little league fields. Additionally, the property could be used for other designated city use, i.e. museum, overflow parking for dip net fishery, nr a fl~tlire park, N-1 EASEMENT Grantor, the City of Kenai, pursuant to Ke i Municipal Code 22.05.020, for good and valuable consideration, the receipt of which is ac owledged, hereby grants, conveys and quitclaims to the Grantee, Kodiak Kenai Ca e Co pang, LLC, of 2702 Denali Street, Suite 108, Anchorage, Alaska 99503 and its succes rs, as ' s, licensees, and permittees, a twenty- year, irrevocable, unrestricted 20' Telecomm 'ca 'on Electrical (T&E) Easement as an easement in gross for the installation, ainte peration, repair and removal for telecommunications and electrical purpose' r that pro e located in the Kenai Recording District, Third Judicial District, State of Al ka d describ follows ("the premises"): Beginning THENCE Together with and subject to coye~nants, eas~rtent~, and restrictions of record. Said property contains sq e feet m e less. Consideration. Consideratn n~r is easem nt all be $800 per year. Ownership and Maintenance o n le roe The fiber optic cable and all conduits, lines, cables, amplifier other ec nic quipment installed by Grantee (the "installed property") shall rema' the p erty o rantee, movable by Grantee at any time. Grantee shall have the right to e ter u on d ha acc t the premises at any time where Grantee determines that the ins llaf n, m intenan e, pe tion, repair and removal of the instaiied property cannot wait unite orr ar u n~ uu s. ._nau~ec shad coordinate an-y ac~.~,~y it conducts in the easement with Gr ton a er ton i. erfere or damage Grantor's sewer outfall line. Covenants of Gr e. t sha perform construction, operation and maintenance activities on premis in an n ' o e ally and aesthetically sound manner. Grantee shall not cause waste o, op^~the degra do or Ilution of the premises or surrounding lands. Grantee, for itself, s cc ss s, ass's, licensees, and permittees, covenants with Grantor and its assigns that Gr to fr 'me to time, and at all times after the effective date of this instnument, at its own cost d ns wild construct, repair and maintain the above described facilities in a workman-like m an in compliance with all legal standazds and requirements.. Grantee, for its successors, ass s licensees, and permittees, covenants with Grantor and its assigns that Grantee from time to e, and at all times after the effective date of this instrument, will allow the premises and the installed property to be used only in the context of telecommunication services provided by utilities certified by the Regulatory Commission of KOD003 kIA hg 136502.003 7/l4/06 -1 Alaska, or by an agency of the State of Alaska, that is exempt from such certification. In the event that Grantor is advised by the Regulatory Commission of Alaska that the premises or the installed property aze being used in violation of this covery~nt, Grantor, in its sole discretion, may revoke this easement. ~ Because the premises are locate Kenai, Grantee covenants to use all reasonable of the Granted Tidelands and adjoining fisheri~ fee title to the Property and that Grants peaceable enjoyment of the easement and terms and conditions hereof. Indemnity. Grantee shall liabilities, damages, costs, or expenses, inclu action or proceedings relating thereof, arising suffered by the Grantee in or about the ptemi: any of its agents, contractors, Reserved Rights. Grant public, to make use of the surface of the terms and conditions of this agreement. Term: This Easem effect for twenty years from the e ec a five-year extension of this ease en of the original term and consider for shall not prevent Grantee from lat terminated and abandoned by Grante Grantor and removal of the Grantee's this Agreement shall touch benefit of the respective sus es; one person or other entity is 1 person or entity shall be ~omt warranties of Grantor under this Recordin¢. By e recordation of this Agreement and involvement by Grantor. all 3 area of tidelands adjacent to the City of minimize disruptions to the public's use Ito re esents and warrants that Grantor has have ui possession of the premises and rights g t hereunder, subject to the other and h ld ' harmless from all claims, s fees, 1 ed in the defense of any ivity, wor ,things done, permitted or from the negligence of the Grantee or or permittees. the right, for itself and for the Which is not inconsistent with the is ant herein shall remain in full force and of i dos nt. Grantee shall have the right to ping e Gr to written notice prior to expiration per ye o - se or limited use of the properly 11 use 's easement. This easement may be :1 e upon si (60) days prior written notice to f the pr ses. visions of and covenants contained in and, and shall bind and inure to the > hereto. In the event that more than "Grantor" hereunder, then each such all obligations, representations and Agreement, Grantor consents to Grantee's went document without any further action or Post-Construction As-Built rve . Within 120 days of the conclusion of improvement construction, Grantee shall pr vid Grantor with an as-built survey of the easement. In the event Grantee fails to do this, for reserves the right to obtain the as-built survey at Grantee's cost. In that event, Grantee agrees to pay the invoice for the cost of the as- built within 30 days of its receipt. If that does not occur, the principal of the invoice will begin accruing interest at the rate of 9% per annum until paid. _2_ KOD003 HA hg136502.003 7/14106 DATED this day of July, 2006, at Kenai, Alaska. KODIAK KENAI CABLE COMPANY, C Y OF KENAI LLC By: By: Koch, City Manager TTEST: L. Fr~as, City Clerk STATE OF ALASKA THIRD JUDICIAL DISTRICT ) 'T'T7TC TC T(1 ('T:PTTFV that r E. \ Notary Public in and for the State of as , c Rick R. Koch, to me known and known me executed the within and fore docum t and acknowledged to me tha he si ed the in the name of and for and o behalf said n of the City of Kenai, Alaska themes d p GIVEN UNDER MY ~a., DtV„tk ~nn~ before me ±he undersia*+P~ a comma si ed and sworn, personally appeared the ide cal individual described in and who the iry Manager of the City of Kenai, Alaska, Ci Manager of the Ciry of Kenai, Alaska, ri ' 'ty, eely and voluntarily and by authority se th in mentioned. seal e ay and year last above written. ary ublic, State of Alaska Co fission Expires: -3- KOD003 HA hgt36502.003 7/l4(06 ACKNOWLEDGMENT STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. THIS IS TO CERTIFY that on this a Notary Public in and for the State of appeazed to me Cable Company, LLC, and who executed t to me that this act was duly authorized mentioned. SUBSCRIBED AND SWORN to r. July, 2006, before methe undersigned, commissioned and sworn, personally he of Kodiak Kenai ~ going instrument, and acknowledged ~r the uses and purposes therein ore e this ~ da o , 2006. Not ubl' ,State of Alaska ivIy Co is 'on Expires: \C~. \' -4- KOD003 HA hg136502.003 7/14706 KENAI AIRPORT COMMISSION JULY 13, 2006 KENAY CITY COUNCIL CHAMBERS T:00 P.M. AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- June 8, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD YTEM 5: OLD BUSYNESS YTEM 6: NEW BUSINESS z-~ a. Recommendation -- Lease Applications/Indcom Properties, LLC (Kenneth Dunbar): 1. Lot 9, Block 1, FBO Subdivision 2. Lot 10, Block 1, FBO Subdivision 3. Lot 11, Block 1, FBO Subdivision b. Recommendation -- Lease Application/Indcom Properties, LLC (Kenneth Dunbar) -Lot 2, Block 1, General Aviation Apron Subidivision #1, Amended. %TEM 7: REPORT a. Commission Chair b. Airport Manager c. r. • Council Liaison ITEM 8: COMMISSYONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: YNFORMATION ITEMS a. Kenai City Council Meeting Action Agendas for June 21 and July 5, 2006. b. 6/2006 Kenai Municipal Airport Enplanement Report ITEM 11: REMINDER: JO%NT WORK SESSYON WITH REPRESENTATIVES OF KEDS, PLANNING & ZONING COMMISSYON ANDCITY MANAGER KOCH -- 7:30 P.M. KENAI AIRPORTT C/~OMM%SSION JULY I3, S®®6 KENAI CITY COUNCYL CHAMBERS 7:00 P.M. CHAIR HENRY KNACKSTEDT, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER AND ROLL CALL Chair Knackstedt called confirmed as follows: Commissioners present: Commissioners absent: Others present: A quorum was present. the meeting to order at approximately 7:00 p.m. Roll was B. $ielefeld, H. Knackstedt, C. Versaw, L. Porter, E. Mayer (arrived at 7:20 p.m.) d. Hazalson and J. Zirul Council Member L. Swarner, Airport Manager R. Cronkhite, Department Assistant M. Bondurant, City Manager R. Koch ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED for approval of the agenda as presented and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MEETING SUMMARY-- June 8, 2006 MOTION: Commissioner Bielefeld MOVED for approval of the June 8, 2006 meeting summary and Commissioner Porter SECONDED the motion. There were no objections. SO ORDERED. YTEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSINESS -- None. ITEM 6• 6-a. Recommendation -- Lease Applications/Indcom Properties, LLC (Kenneth Dunbaz): 6-al. Lot 9, Block 1, FBO Subdivision 6-a2. Lot 10, Block 1, FBO Subdivision 6-a3. Lot 11, Block 1, FBO Subdivision Fred Braua/Ken Dunbar-- Braun clari£ed the intent for thelease of the property is to build commercial/air cargo with development on Lot 11 first. Commission discussion included a concern sufficient ramp pace would be available and it was noted, requirements of the building code wouidmanage those issues. MOTION: Commissioner Versaw MOVED to recommend approval of the lease of Lots 9, 10, and 11 for building of commercial aircraft hangars as it complies with the Airport Master Plan. Commissioner Porter SECONDED the motion. VOTE: Zirul Absent Bielefeld Yes Knackstedt Yes Versaw Yes Ma er Yes Haralson Absent Porter Yes MOTION PASSED UNANIMOUSLY. 6-b. Recommendation -- Lease Application/Indcom Properties, LLC (Kenneth Dunbar] -Lot 2, Block 1, General Aviation Apron Subiivision # 1, Amended. Fred Braun/Ken Dunbar -- Braun indicated Dunbaz would like to begin construction as soon as possible. Braun provided information concerning other properties in the azea in which Dunbar also has interest. Commission discussion followed related to lease purch~e options. MOTION: Commissioner Versaw MOVED to recommend approval of lease of Lot 2, Block 1, General Aviation Apron Subdivision # 1, Amendedfor general aviation T-hangars and verify the use complies with the Airport Master Plan. Commissioner Porter SECONDED the motion. VOTE: Zirul Absent Bielefeld Yes Knackstedt Yes Versaw Yes Ma er Yes Hazalson Absent Porter Yes MOTION PASSED UNANIMOUSLY, ITEM ?: REPORT AIRPORT COMMISSION MEETING JULY 13, 2006 PAGE 2 7-a. Commission Chair -- Chair Knackstedt gave an overview of renovations being made by the Civil Air Patrol. 7-b< Airport Manager -- No report. 7-e. City Council Liaison -- No report. ITEM 8: COMMYSSIONER COMMENTS AND QUESTIONS-- None. ITEM 9: PER50NS NOT SCHEDULED TO BE HEARD-- None. ITEM 10: INFORMATION ITEMS 10-a. Kenai City Council Meeting Action Agendas for June 21 and July 5, 2006. 10-b. 6/2006 Kenai Municipal Airport Enplanement Report %TEM 11: MOTION: Commissioner VersawMOVED to adjourn and Commissioner PorterSECONDED the motion. There were no objections. SO ORDERED. Meeting summary prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING JULY 13, 2006 PAGE 3 KENAI OR COMMISSION MEETING JULY 1®, 2®06 CITY C®UryNCIL CHAMBERS ( :®® P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- June 12, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Possibility of a blsh-Cleaning Station/North Shore/Mouth of the Kenai River. ITEM ?: REPORTS a. Public Works Manager b. Dock Foreman c. City Councii Liaison ITEM S: ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of June land 21, 2006. b. 6/29/06 Kenai Harbor Rate Schedule ITEM 11: ADJOURNMENT KENAI OR COMMISSION MEETING aIULY 1®, 2®06 CITY COUNCIL CHAMBERS 7:®® P.Ms VICE CHAIR B%LL OSBORN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Vice Chair Osborn called the meeting to order at approximately ?:15 p.m. Roll was confirmed as follows: Commissioners present: B. Eldridge, B. Osborn, G. Foster Commissioners absent: S. Romain, R. Canady, T. Thompson Others present: Council Member C. Massie and Public Works Manager K. Kornelis Due to lack of attendance to produce a quorum of the members, the meeting adjourned and a brief work session was held. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- June 12, 2006 YTEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSYNESS YTEM 6: a. Discussion -- Possibility of a Flsh-Cleaning Station/North Shore/Mouth of the Kenai River. ITEM 7: REPORTS a. Public Works Manager b. Dock Foreman c. City Council Liaison %TEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of June land 21, 2006. b. 6/29/06 Kenai Harbor Rate Schedule 1TEM 11: The meeting adjourned at approximately 7:20 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING JULY 10, 2006 PAGE 2 I-5 KENAI PARKS & RECREATION COMMISSION JULY 6, 2006 CITY HALL COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER 8v ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- a. May 4, 2006 b. June 1, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BU5INESS a. Discussion -- Kenai Soccer Park Update ITEM 6: NEW BUSYNESS a. Discussion -- Kenai River Mazathon b. Discussion -- Undercutting of Trees/City Property in Front of The Challenger Center-- Rotary/KCHS Project c. Discussion/Recommendation-Tract A, Park View Subdivision (Parcel #0470 10 181 /Need for Public Purpose, STEM 7: REPORTS a. Commission Chair b. Director o. City Council Liaison %TEM 8: COMMISSION QUESTIONS & COMMENTS ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of June 7 and 21, 2006. YTEM l I: KENAI PARKS & RECREATION COMMISSYON JULY 6, 2006 CITY HALL COUNCIL CHAMBERS ?:00 P.M. CHAIR DALE SANDAHL, PRESIDING MEETING SUMMARY YTEM I: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 7:00 p.m. Roll was confirmed as follows: Commissioners present: A. DeMello, D. Sandahl, J. Carroll, D. Hagen. Commissioners absent: J. Foglia, T. Wortham, and J. Beeson Others present: Council Member J. Moore and Parks & Recreation Director Frates A quorum was present. YTEM 2: AGENDA APPROVAL There were no changes noted and the agenda was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY 3-a. May 4, 2006 -- There were no changes noted and the summary was approved as presented. 3-b. June 1, 2006 -- There were no changes noted and the summary was approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: OLD BUSYNESS 5- a. Discussion -- Kenai Soccer Park Update Director Frates gave a brief report on the Kenai Soccer Field project, noting delivery of soils off the Airport would be delayed approximately two weeks and seeding would most likely be done in late fall. %TEM 6: 6-a. Discussion -- Kenai River Marathon Frates gave a brief report on the status of the Marathon planning. 6-b. Discussion -- Undercutting of Trees/City Property in Front of The Challenger Center -- Rotary/KCHS Project Frates gave a brief report on the undercutting and removal of trees along the Spur Highway near the Challenger Learning Center noting, work was being coordinated with the Center personnel and Aiaska Youth Military Academy and the goal is to remove the spruce and leave some of the birch and Aspen to create more visibility for the Center and the ConocoPhillips/City of Kenai Multipurpose Facility. 6-c. Discussion/Recommendation-Tract A, Park View Subdivision (Parcel #04701018)/Need for Public Purpose. A brief introduction to the property, i.e. location size, etc. was given and it was noted the Commission was requested to make a recommendation as to whether the property would be needed for public purpose. MOTION: Commissioner Carroll MOVED to sell Tract A, Park View Subdivision and Commissioner DeMe11o SECONDED the motion. Discussion followed in which comments and questions centered around location of property and potential future uses of the property if it were retained. VOTE: DeMello No Sandahl _ _ No _ Foglia Absent Carroll No Wortham Absent ~ Hagen No I Beeson Absent _ _ MuT'iON uN:~NiMOUSI,Y rltll.Ell. ITEM 7: REPORTS 7-a. Commission Cltair -- No report. '7-b. Director -- Frates reported the following: • Departments were preparing for the dip net fishery. • Bid documents were available for the Leif Hansen Memorial Park underground sprinkler system project. 7-c. City Councii Liaison -- Council Member Moore reviewed council actions taken at the July S, 2006 council meeting. ITEM 8: COMMISSION QUESTIONS & COMMENTS-- None. ITEM 9: PERSONS PRESENT NOT SCIiEDULED TO BE FIEARD-- None. PARKS & RECREATION COMMISSION MEETING JULY 6, 2006 PAGE 2 %TEM 10: INFORMATI®N I®-a. Council Action Agendas of June 7 and 21, 2006. ITEM I 1 ° ?iIS,I® ENT There being no further business, the meeting was adjourned at approximately 7:35 p.m. Meeting Summary prepared and submitted by: Carol L. Freas, City Clerk PARKS & RECREATION COMMISSION MEETING JULY 6, 2006 PAGE 3 r-e CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA July 12, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *June 28, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06.46 -Preliminary Plat - Cazl F. Ahlstrom Subdivision -Goff Replat. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. b. PZ06-47 -Preliminary Plat -Five Irons Heights Block 3 resubdivision -Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: a. Tract A, Park View Subdivision -Determine if needed for a public purpose. Discussion and reconu.:er~atior.. (POS Yoned from Jure ~ ^, X006 meeti:.g.) 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning a Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. PZ06.46 -Landscape/Site Plan -Peninsula Powersports - 6384 Kenai Spur Highway -Lot 12, Block B, Beaver Creek Alaska Subdivision Amended b. PZ06-49 -Landscape/Site Plan - 115 Bidarka Street -Lot 1, Block 4, Fidalgo Commercial Center c. Resignation -Commissioner McLennan d. Zoning Bulletin (6/25/06) 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZON%NG COMMISSION KENAI CITY COUNCYL CHAMBERS JULY 12, 2®06 - ?:®® P.M. CHAIR BARRY ELDRIDGE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Eldridge called the meeting to order at approximately 7:00 p.rn. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: R. Fullinck, J. Twait, S. Romain, B. Eldridge, P. Bryson Commissioners absent: J. Jenckes Others present: Council Member R. Ross, City Planner M. Kebschull, Contract Secretary B. Roper I-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda adding a memorandum from Parks & Recreation Director Frates regarding Tract A, Pazk View Subdivision. Commission Bryson requested unanimous consent. Commissioner Romain SECONDED the mction. There Were ro objections. SO ORDERED. i-c. Consent Agenda Commissioner Fullinck MOVED to approve the consent agenda as submitted. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- June 28, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-46 -Preliminary Plat -Carl F. Ahlstrom Subdivision -Goff Replat. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska. MOTION: Commissioner Twait MOVED to approve PZ06-46 and Commissioner Fullinck SECONDED the motion. City Planner Kebschull reviewed the staff report and recommendations included ir. the meeting packet. When noted Spurr Drive was spelled incorrectly on the plat, City Planner Kebschull explained the City's records show the spelling to be with one "R" and added, the Borough could change it if necessary. Commissioner Bryson abstained from voting on both Items 4-a and 4-b due to his participation at the Borough level. VOTE: Fullinck Yes Twait Yes Jenckes Absent Romain Yes Eldrid e Yes B son Abstain MOTION PASSED UNANIMOUSLY. 4-b. PZ06-47 -Preliminary Plat -Five Irons Heights Biock 3 Resubdivision Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. MOTION: Commissioner Romain MOVED to approve PZ06-47 and Commissioner Fullinck SECONDED the motion Kebschull reviewed the staff report and recommendations included in the meeting packet. VOTE: Fullinck Yes Twait Yes Jenckes Absent Romain Yes Eldrid e Yes B son Abstain MOT%ON PASSED UNANIMOUSLY. ITEM 5: I'UBL%C HEAR%NGS -- None ITEM 6: OLD BUSYNESS 6-a. Discussion and Recommendation -- Tract A, Park View Subdivision - Determine if needed for a public purpose. (Postponed from June 14, 2006 meeting.) MOTION: Commissioner Bryson MOVED to retain the property for public purpose and Commissioner Fullinck SECONDED the motion. Kebschull reported the following: • An offer was received by the city for the purchase of this property. • The Parks & Recreation Commission recommended the parcel be retained for public use due to its proximity to the beach, indicating potential City uses for the property could be a museum, overflow parking for the dip net fishery, a future park, etc. • City Council would also like a recommendation from the Planning and Zoning Commission. Discussion followed and comments included: • Concurrence with the recommendation of Parks & Recreation Commission. • Sell the property because: It is a beautiful lot with nice views and it would be a waste to use it for overflow parking and there are already several pazks in Kenai; the location is next to the Care Center/Women's Resource Center, and their confidentiality could be jeopardized. • It should be retained for public use because of its location. and current parking problems in the azea. Kebschull also noted an appraisal will be done if the property is released for sale; if it is released then it would go out to bid; the person making the offer will have the opportunity to exceed the highest bidder; the City use of the property should not be limited to overflow pazking; the property may be appropriate for a new library; and, the adjacent property owner accesses his property by an access trail through the city's parcel. VOTE: Fullinck Yes Twait Yes Jenckes Absent Romain No Eldrid e No B son Yes J~ MOTION FAILED. ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING YTEMS -- None ITEM 9: REPORTS 9-a. City Council -- Council Member Ross noted that the last motion had failed as four votes aze required in order to pass. He will report to Council there were 3 yes votes and 2 no. Ross noted the meeting agenda with actions taken at the last council meeting were included in the packet. 9-b. Borough Planning -- No report. 9-c. Administration -- Kebschull reported the following: • The draft Mixed Use Zone ordinance will be scheduled for a public hearing at the July 26th meeting. • A work session scheduled for July 13, 2006, immediately following the Airport Commission, will be held to review options for the Airport rezone. Members of the Commission, Administration and KEDS will be present. Members of the Planning & Zoning Commissioner were also invited. • Several landscape site plans are included in the packet as information items. • The next meeting packet will include quarterly reports. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. PZ06-45 -- Landscape/ Site Plan -Peninsula Powersports - 6384 Kenai Spur Highway -Lot 12, Block B, Beaver Creek Alaska Subdivision Amended. 11-b. PZ06-49 -- Landscape/Site Plan - 115 Bidarka Street -Lot 1, Block 4, Fidalgo Commercial Center. 11-c. Resignation -- Commissioner Lori McLennan 11-d. Zoning Bulletin (6/25/06) YTEM 12 : COMMISSYON COMMENTS & QUESTIONS -- None ITEM 13: ADJOURNMENT MOTION: Commissioner Bryson MOVED for adjournment and Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:30 p.m. Minutes recorded and prepazed by: Barbaza Roper, Contract Secretary I-1a AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY-- a. May 9, 2006 b. June 13, 2006 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 6: OLD BUSYNESS %TEM 6: NEW BUSYNESS a. Discussion -- Formation of Garden Club b. Discussion -- Volunteer Plant Day Review ITEM 7: REPORTS a. Committee Chair b. Parks & Recreation Director c. Kenai City Council Liaison ITEM 8: QUESTIONS AND COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMAT%ON a. City Council Action Agenda of June 7 and 21, 2006. b. Parks 8v Recreation Commission Meeting Summary of June 1, 2006. ITEM 11: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MEETING JULY 21, 2006 r:oo P.M. CLERK CONFERENCE Roots CHAIR MARILYN DIMMICK, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Dimmick called the meeting to order at approximately 7:05 p.m. Roll was confirmed as follows: Members present: M. Dammick, S. Hatch, P. Baxter, H. Brown Members absent: L. Seymour, M. LeFebvre, K. Shearer Others present: Council Member Swazner and Pazks 8s Recreation Director B. Frates A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Member Hatch MOVED to move Item 6-b, Discussion/ Volunteer Plant Day Review and be heard as Item 5-a. Member Brown SECONDED the motion. There were no objections. SO ORDERED. No other changes were made to the agenda. ITEM 3: APPROVAL OF MEETING SUMMARY-- 3-a. May 9, 2006 -- A typographical error was noted at Item ~a. MOTION: Member Hatch MOVED to correct the third sentence, Item 5-a be corrected and the meeting summary be approved as corrected. Member BrownSECONDED the motion. There were no objections. SO ORDERED. 3-b. June 23, 2006 -- There were no changes to the meeting summary and it was approved as submitted. ITEM 4: PERSONS SCHEDULED TO BE HEARD-- None. ITEM 5: OLD BUSINESS 5-a. Discussion -- Volunteer Plant Day Review (moved from Item 6-b.) Discussion included: • The membership agreeing thank you notes should be sent to groups helping with the event, i.e. Kenai Little League, Kenai Care Center, etc. • Music was an excellent addition to the event and it was suggested it occur next season if possible • Consideration was given to azeas planted and ideas generated for next season. ITEM 6: NEW BUSINESS 6-a. Discussion -- Formation of Garden Club An initial discussion took place related to the formation of a gazden club to provide services to the city and sunsetting the Beautification Committee. Comments included: • A club may or may not want to continue providing services as memberships change, etc. • The addition of more events and activities could strike interest for others to form a garden club. The combining the Committee with the Parks 8c Recreation Commission. The Committee recommended all options should be investigated and the issue be discussed at the August meeting. 6-b. Discussion -- Volunteer Plant Day Review Heard as Item 5-a. ITEM 7: REPORTS 7-a. Committee Chair -- No report. 7-b. Parks & Recreation Director -- Director Frates reported the following: • Purchase of a lazge 72" front mount mower. • The dip net fishery had begun. • The town clock dedication is to be heldon July 20, 2006 at 3:00 p.m. 7-c. Kenai City Council Liaison -- Council Member Swarner reported on the following: • Underground sprinkler bid packages being available. • Mayor's wish for additional banners and trees in various areas. • General Council actions. ITEM 8: OUESTYONS AND COMMENTS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None BEAUTIFICATION COMMITTEE MEETING JULY 11, 2006 PAGE 2 ITEM 10: %NFORMAT%ON 10-a. City Council Action Agenda of June 7 and 21, 2006. 10-b. Parks 8v Recreaflon Commission Meeting Summary of June 1, 20(b. ITEM 11: ADJOURNMENT There being no further business before the Committee, the meeting adjourned at approximately 8:50 p.m. Meeting summary prepared and submitted by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING JULY 11, 2006 PAGE 3 K-~ MEM DU TO: Rick Koch, City Manager FROM: Larry Semmens, Finance Director, 6i0.TE: July 11, 2006 SUBJECT: Monthly Report The finance department is very busy with end of year processing. Dipnetting season also increases finance department workload. Normally our receptionist works foil time when necessary through the end of Juiy; however, this year this person is split with the Clerk Department. We will have to see how this works during peak finance department workload. The auditors are here in July doing preliminary audit work. The final field work will be done in October, and the financial statement will be available in November. I will have draft numbers available before then, but I plan to wait until mid September for the actual June 30 seise tax results. We renewed our insurance policies with current carriers, primarily Alaska Public Entities Insurance Pool, again this year. The total cost is as follows: FY 2007 FY2006 FY 2005 Property $ 86,846 $ 96,487 $ 82,731 Liability $ 94,739 $ 87,976 $105,612 Auto $ 65,036 $ 54,152 $ 51,896 Workers Comp $165,358 $173,226 $148,780 A:........t L7.:........ r~iiNv~t r~ui~a~y F G 37,J4V N 7G AAA w JV,~,-.Y C 9G AAA ,a oV,w•r-r Airport Excess $ 18,750 $ 18,750 $ 18,750 Marine $ 4,465 $ 4,253 $ 4,253 Total $472,750 $452,358 $448,466 The variability in the amounts is generally due to price changes in the reinsurance markets. Our APEI premium is almost exactly the same as last year, but we did increase the property deductible from $25,000 to $50,000. A copy of the APEI summary showing the deductible amounts is attached. I budget about $20,000 for deductible costs. Historically this is more than adequate. If we experience a large property loss, we would need to appropriate funds from the self insurance reserve in the general fund or fund balance in any other fund. We also renewed with Premera Blue Cross. Health insurance premiums are up 20% from last year. Alaska Public Entity Insurance Municipality Premium Summary POLICY YEAR: July 1, 2006 -July 1, x007 CARRIERS: Ratlng Alaska Public En4ity Insuranoe Insurance Co. of the State of Pennsylvania AM(V Insurance Company of the Weat A•lXi Safety Natlonaf AIIX Lloyds of London A/XV INSURED: City of Kenai 3 Year Agreement signed 2005/06 Standard ~perty Limit Blanket $57,592,626 86,846 Property/Contents/EDP $53,556.626 $50,000!10,000 Mobile Equipment $2,386.000 $10,000 Fine Arts $1,650,000 $500 General Liability $10,000.000 Per Occurrence $10,000 94.739 Sewer Backup $25.000 Products/Compteted Operations $10,000,000 Per Occurrence $2,500 $10.000,000 Aggregate Garagekeepers Liability $10,000,000 Per Occurrence $1,000 Public Officials Liability $10,000,000 Per Occurrence $15,000 $90,000.000 Aggregate EMS Professional Liability $10,000,000 Per Occurrence $10,000 $10,000.000 Aggregate Employee Benefits liability $10,000.000 Per Oc~::rre.^.ce $2,50C $10,000,000 Aggregate Employment Practices Liability $10,000,000 Per Occurrence $10,000 $10,000,000 Aggregate Automonne uapnity $10,000,000 Per Oceurence $0 65,03 Physical Damage Actual Cash Value $500 Included Auto Count: 72 Employee Dishonesty $900,000 None indude< Faiihfui Performance $900,000 None Forgery or alteration $100,000 None Money 8 Securites $25,000 $500 Money Orders 8 Counterfeit Paper $25,000 None Computer Fraud 5;25.OOm er,...e in $25,000,000 None 165,358 Employers Liability $1,000,000 USLBH Jones Ad Kenai Community Library Monthly Report July 2006 June Circulation Figures Adult Fiction 2032 Internet Access 1609 Adult Non-Fiction 1497 Music 183 Periodicals 77 Puzzles 8 Juvenile Fiction 673 Videos 940 Juvenile Non-Fiction 193 DVDs 841 Easy Fiction 1414 Audio books 311 Easy Non-Fiction 261 Miscellaneous 81 Total Print 6147 Total Non-Print 3973 Total Circulation 10120 Internet Express Use 1,386 Total Catalog Searches 6192 Library Patronage....... 10,971 Persons Income Fines and Rental Books $1,311.95 Xerox 333.25 Lost/Damaged 50.95 Total income 6/06 $1,696.15 Circulation figures for June were 13% higher than those in June 2005. The year-to-date figures are running 3% higher than last years' numbers. Summer reading continues with more than 229 children registered. Library patrons here are deep into summer reading, no non-fiction on our most requested list of materials. Kenai librazy users most requested books include the top four titles on the current New York Times Best Sellers list: Twelve Sharp by Janet Evanovich The husband by Dean Koontz Beach Road by James Patterson At Risk by Patricia Cornwell. Two of our other most requested items at this time include the Alaska based mystery The Tooth of Time by Sue Henry and A Breath of Now and Ashes by Diana Gabaldon. Note that the circulation for DVDs and Videocassettes is about the same. DVDs at 841 this month and Videocassettes at 940.Our holdings in DVD number 531, while we haue 2,233 videocassettes indicating that the DVDs are circulating much more than their counterparts. With almost 11,000 people passing through our doors in June, the library was indeed a busy place. We had up to 68 persons waiting to use computers in a single day. The new computers that we purchased at the end of the fiscal year have enabled us to put the old ones out for public use. This has drastically reduced our waiting list and eased tension in the building. The new timing software that we recently installed helps the staff monitor computer use. Kenai Code Enforcement Officer Summary Report-30 June 2006 Period: Total Cases Pendin¢: New Cases O1 to 30 June 32 11 Cases Closed Municipal 2- Trash/Debris 9- Junk vehicles 1- No business Permit 1- Building Cade KPD Incidents 2- Vehicles in Right of Way Citations Written: 2 -Junk vehicles (both were corrected and dismissed) 1 -Building Code (corrected and dismissed Court Appeazance: 1 -Junk Vehicles impounds' 2 -Vehicles in City property or Right of Way C~jses Closed 13 Robert S. Peterson, K40 Kenai Code Enforcement Officer Monthly Report For July 19. 2006 Keith Kornelis. Public Works Manager ' Set Net Drive & McCollum Drive / Aliak Drive LID's: The Set Net Drive construction project bid opening was July 12. The two bids were higher than our estimate with the lowest coming from Alaska Roadbuilders at $249,764. They told me the schedule for doing the work was not why the price was so high. It was because the cost of asphalt has recently doubled. McCollum/Aliak is in the engineering and suneeying stage. There will be some right-of-way issues. The plan is to have this project bid-ready for early construction next year. Shamrock Circle LID: The council public hearing is 8116/06. Water Svstem Improvements: The Hateenburg Dilley & Linnell, HDL, water study and the Nelson proposal for an exploratory well at Section 36 is under review by ADEC for grant eligibility. DOT Visit: DOT Central Region Planning will be meeting with the city on July 24. DEC Requests: The Municipal Matching Grant requests are due August 18. The city is listed very high on 4he priority list under the Alaska Drinking Water Loan Fund (our Water Treatment System Project) and under the Alaska Clean Water Fund (our Maintenance Shop Remediation project.) Kenai Bank Stabilisation and Coasts! Trail: ! am working with the Corps and their consultant Dip Net Fishery: The employee dip net operational meeting was held July 6. The season started on Monday, July 10, and has been running smoothly. ADF&G says that we are at about the same escapemen4 as last year. Kodiak Kenai Cable Company is installing a fiber optics cable from Kodiak to Kenai. I recently discovered their schedule was to connect the cable from the sea to land at South Spruce on July 21. This is the worst time of the year to being doing work in this area since it is second weekend of dip net fishing. I told them not to do any work in the city's right-of-way or easements until after July 31 and they need a city excavation permit. I have explained that the city is supportive of this project but the timing is a problem and their schedule needs to be changed. It is a $40 million project and a change in schedule may cost them something, but they should have planned the schedule better and contacted us for permits and before setting their crherii ale. Town Clock: The town clock dedication is July 20. The plaques look great and are being installed. The topsoil and seeding around the sidewalk and clock is being done. Dust Control: The CSS-1 we put down in past years has built up on our roads requiring less CSS-1 this year. We put down calcium chloride for dust control on some roads and parking lots where CSS-1 is not permitted. This includes the boating facility roads and parking area. We also are applying calcium chloride over some of the roads that need grading after the CSS-1 was applied. New Street Lights: Public Works is waiting for a cost proposal from Kachemak Electric for adding new metal pole streetlights for city streets. HEA has been working on installing wood pole streetlights. Boating Facility Launch Ramp: Peninsula Construction has completed this project. Thirty-seven cancrete planks from the exiting ramps are being used by the city as benches. The area has been graded, calcium chloride applied for dust control, and the parking marked. Boating Facility: The city street crew has constructed the boating facility exit road and overflow parking area. They have done an excellent job. The new informational and directional signs are up. Long-time city employee Wayne "Swede" Freden is retiring on August 31, 2006. New Soccer Fields: Our street crew has started the work on the road and parking areas for the fields in Section 36. They are also helping the volunteers with the fields on the old FAA land. ~4lrport Manager's Monthly Report July 12, 2006 Projects: Several small airport improvement projects are in the works. Anew sprinkler system is now installed to serve the public side of the Terminal building. This automated system allows for more efficient watering of grass, flower beds and hanging baskets while freeing staff up for other duties. The first phase construction of a public parking lot at the south end of the airport to serve charter companies and general aviation begins Friday with the perimeter fence reloca#ion. After that, our crews will go in and grade and hang signage. The new parking lot surface will be improved with roto-mill from the runway project. A variety of payment options are available for this parking lot. Our current tenants will have the option of purchasing designated spots on a year-round basis for their customers and employees, a self pay station will be provided for the public, and a coupon or permit parking system will be available for frequent users. The pavement markings in front of the Terminal have been repainted and new signage installed in the transient aircraft parking area. Fish Haul: We continue to see increased fish haul flights by Northern Air Cargo, Lyndon Transport and Universe! °'~ ~i~ . Enplanements: Numbers are up almost 11% over last year and July is traditionally the busiest month for passengers. In addition to an increase in scheduled air carrier enplanements, we also are seeing an increase in charter activity. Activity in the short and long term parking lots is stable for the summer season; therefore, our assumption is that the increase in summer traffic is primarily due to tourism and outside business interests. Lease Lots: We have conducted several tours for persons interested in leasing airport property for hangar construction and T-hangars and Ms. Howard is processing four airport lease applications. Corporate Jet Activity: The Kenai River Classic was held July 6 through 9t", and corporate jets started arriving the night of July 5. Four jets elected to remain in Kenai parked on our ramp; while four other jets dropped off passengers and returned during the weekend. The jets ranged in size from Gulfstream V's owned by General Dynamics and Honeywell to Shell Oil's Falcon 2000 and Oshkosh's Citation. Airport staff assisted in parking aircraft, escorting passengers, and assisting pilots with securing fuel and catering needs. The airport collected around $350 in parking and landing fees. Municipal Airport KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 q ,'I'Ir ~~~ TO: Rick Koch, City Manager FROM: Chuck Kopp, Chief of Police U`'r~ DATE: July 13, 2006 SUBJECT: June 2006 Report Work Activity Police officers responded to 677 calls for service, and the Emergency Communications department answered 160 9-1-1 calls. Officers wrote 343 reports, issued 143 traffic citations, made 91 arrests and investigated 9 motor vehicle crashes. Officer Jim Johnson received a letter of commendation for outstanding investigative efforts in which he solved multiple thefts from vehicles in the Haller/Gill/4th Avenue azea. Two 18 year olds were chazged with theft for stealing $2,500.00 in valuables from 10 victims. Training June Officer Tumage assigned to multi-agency drug enforcement task force. June 1 Seasonal Enforcement Officers Jack Reed & Lindsay Goggia begin work. June 1-11 Officer Miller attended Special Emergency Reaction Team (S.E.R.T.) training in dune 5,6 Sergeant McBride, Offices Ross and Off cer Langham attended Street Survival seminar in Anchorage. June 8 Chief Kopp and Lt. Wannamaker attended Volunteers In Police Service (NIPS} training in Anchorage. June 9 College Intem Kari Gdula's first day @ KPD. June 14 -16 Dispatcher Beckman in Anchorage for a Dept of Transportation sponsored public safety agency workshop to create an electronic motor vehicle crash investigation form. A.B.A.D.E. Parrnership June 8, 11, 13 In support of the Alaska Bureau of Alcohol and Drug Enforcement Soldotna Unit, Lt. Wannamaker, Sgt. McBride, and Officers Miller, Sjogren, Hershberger and Turnage assisted with amulti-agency drug taskforce investigation / seazch warrant service at multiple Peninsula locations. Community June 26 Officer Kelly George hosted a bicycle rodeo for area youth. MEMORANDUM To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: July 8, 2006 Subject: June Monthly Report Total number of days rented In June 2006: 5 Total Meal Count for June 2006: 3,100 Total Congregate Meals Served: 1,401 Total Home Meals Served: 1,683 Total Non-Senior Meals: 16 June 2005 Meals Served: Total Congregate Meals Served: 1,520 Total Home Meals Served: 1,274 Total Non-Senior Meals: 6 We had a total of 1,012 volunteer hours for the month of June. Volunteers were active this month getting ready for our 4`h of July fundraiser, and the senior volunteers working on the 4`h of July float. Seniors celebrated Father's Day with a BBQ at the Center. The kitchen served 168 seniors besides providing 72 frozen weekend meals for our homebound clients. Area Senior Centers held the annual Peninsula area-wide senior picnic at the Soldotna Creek Park. There were 250 seniors present. Area senior directors provided entertainment, shared the expense of hot dogs and hamburgers and picnic potluck items. All had a great time. A thank you to Home Depot as they donated wood to build three flower boxes and a pole to secure our birdhouses in our backyard. The Director attended a two day conference, "The Future of Aging in Alaska Advocacy Conference," sponsored by the Alaska Commission on Aging, the Alaska Commission on Aging quarterly meeting and the AgeNet Board Meeting. All meetings were very informative and the focus for all the meetings were advocating for senior issues and health care reform at state and national levels. In the world, the United States has the highest number of people uninsured and yet we spend 50% more in health care than any other nation in the world. Out of 30 civilized countries in the world, the United States rates 29 out of 30 with the quality of health care given to their citizens. Japan is rated #1. Our national health care has continued to decline since 1950. The life expectancy in the United States is 74 while in Japan it is 100 years old. As our national health care continues to decline, Alaska's quality of health care has improved. As our national health care costs have increased, individual's health has decreased. It is imperative to fight for change of our national health care system and to advocate for a more preventive health care system vs. disease-controlled system. o To: Rick Koch From: Jason Steen, Econ. Dev. Project Director Date: 7/13/2006 Re: Monthly Report Hit=hlit=hts of Monthly Aetivitv Schcuks, Midas Muffler, and Jiffy Lube were contacted to present Kenai as an ideal place for them to expand. Many hours were dedicated to gathering the specific information requested by the two companies. Potential sites were provided, plat dimensions, owner information, cuaent economic expansions, and local compazative demographics were shazed. Schucks is interested in processing the information sent to them, Midas Muffler was not interested at this time due to struggling Soldotna store, and Jiffy Lube is also processing the information sent. Reseazched previous proposals and zoning related to Old Town Historical Group meeting requests, including zoning expansion procedures and creating an overview map highlighting the plat lines and gathering the ownership information. Participated in and helped organize two Historical Group Meetings Participated in the Mini-Grant Meeting Provided extensive assistance with the organization and preparation of the two Quality of Life Committee meetings Authored a letter to the City Council presenting the KEDS Action Team's position on the fmancial responsibility of implementing the Kenai `Brand,' if it is created. Typed and distributed KEDS Action Team minutes Volunteered during two days greeting participants arriving for the Kenai Classic Facilitated the participation of various KEDS members in an Airport Commission Worksession Appointed as City contact person for the `Branding' project. Participated in a `Branding' conference call outlining the project procedures and City responsibilities [TY F EfVAI 290 FIOA6GO AVE., SUITE 200 KENAI, ALASKA 99691.7794 TELEPHONE 907-283-7636 FAX 907-283.3014 li~ II~'II ~~> ~l®1® 1 \ ~ V lrl TO: Rick Koch City Manager FROM: Jack La Shot, Public Works Manager~~ t)ATE: July 13, 2006 SUBJECT: Department Report for Council meeting of July 19, 2006 A current Public Works project bid information sheet is attached. Public Works is very busy at this time, with many capital and maintenance projects in various stages. Also attached are the quarterly activity reports for the Buildings and Planning and Zoning Departments. The number of building permits is ahead of last year at this time by 13. Residential is still the major sector, however there is quite a bit of planning and preparatory activity in the commercial sector going on. Permits for commercial work should increase accordingly. Planning and Zoning has had a slight increase in activity from last year. W Q. W C Q 'cc J, 0 ~, cv UZ ®_ ~'° Z ®_ m ~ ~ ~ Oz ®z Oz aR c o c o c o o a ® ® ( ~ N '° M =~ °= ~ O U 47 •'° m o0 M 00 ~ 'O m r B S 'O ®. 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C d N ~ _O ~ C U U .S ~ i N C O~ d d l~Q YF Ydw YYd ~ mQ YU Y > N t City of Kenai wilding Perirrits - 2nd Quarter 2006 Description Permit #: Date Parcel # [~aluaYion New-Commercial 84292 05/31/2006 4106208 $60,000.00 Summary for'Descdpfion' = New-Commemial (t detail record) Sum $60,000.00 New-Garage/Carport 84287 05/2312006 4916045 $11,000.00 84293 05/31/2006 4943035 $37,000.00 84300 06/08!2006 4304032 $80,000.00 84303 06121!2006 4936005 $10,000.00 84307 06/26/2006 4305014 $24,000.00 Summary /or'Descripfion' = New-Garage/Carport (5 detail records) Sum 5162,000.00 New-SFD 84266 04/O6I2006 4101235 $198,000.00 84268 04/18/2006 4101363 $384,000.00 04269 04/18/2006 4901367 $284,000.00 84273 04/20/2006 4101234 $180,000.00 84274 04/2612006 4942038 $165,000.00 84278 05!11/2006 4937115 $361,000.00 84279 05!11/2006 4941036 $250,000.00 B4280 05111/2006 4302045 $139,000.00 84283 05/18/2006 - 4939056 $277,000.00 84286 05/22/2006 4101210 $248,000.00 84294 05/31/2006 4519038 $125,000.00 84295 05131/2006 4519039 $80,000.00 84298 06/07/2006 4302048 $156,000.00 84299 06!08/2006 4943015 $34,000.00 B4302 06/22/2006 4504012 $360,000.00 B4306 06/22/2006 4515140 $142,000.00 Summary for'Descripfion' = New-SFD (16 detail records) Sum $3,383,000.00 !!July, 2006 Page 1 oj2 Description Permit #: Date Parcel # Valuation Other-Commercial 84267 04/14!2006 4333002 $925,000.00 64272 04120!2006 4320003 $2,000.00 84277 05110!2006 4337007 $40,000.00 84288 05!24/2006 4336017 $2,400.00 84289 05/24/2006 4701025 $25,000.00 84296 06/01/2006 4910106 $29,000.00 84297 06!07!2006 4320014 $15,000.00 64305 06/22/2006 4106212 $20,000.00 84308 06/27/2006 4337007 $150,000.00 Summary for'Description' = Other-Commemial (9 detail records) Sum $408,400.00 Other-RES 84270 04/i 8!2006 4930003 $30,000.00 H4271 04/18/2006 4325002 $3,000.00 84275 04/27/2006 4503012 $1,500.00 84276 05/03!2006 4521019 $7,500.00 84281 05/91/2006 4326043 $50,000.00 84282 05N6/2006 4926109 $500.00 64284 05/18/2006 4932009 $40,000.00 64290 05/31/2006 4326063 $2,500.00 64291 05/3^,.006 4916072 .,1,700A0 B430i 06!12!2006 4515140 $5,000.00 84304 06/22/2006 4926212 $2,000.00 Summary /or'Description' m Other-RES (11 detail records) Sum $143,700.00 Y OlU 84285 05/23/2006 Summary tor'Descdption' = Void (1 detail record) Sum Crand Total .84,157,100.00 II July, 2006 Page 1 of 2 ~~ Resolutians Second Quarter 2006 TYPE OF PERMIT Resodution # TYPE MEETING DATE ACTION Amend KMC 200640 14.20.150 -Conditional Use Permit 06/14/2006 Approved Conditional Use Permit 200623 Extraction of Natural Resources-Drilling Permit 04!12/2006 Approved 200634 Cabin Rentals 05/24/2006 Approved 200641 CafelCatering/B&B 06/14/2006 Approved 200644 Taxidermy-Retail Business 0 6/2 812 0 0 6 Approved Encroachment Permit 200632 2-foot Front Yard Encroachment 05/10/2006 Approved 200638 2-Front Yard Setbacks 06/14/2006 Approved Home Occupation Permit 200635 Quilting Business 05/24/2006 Approved 200639 Home Hair Care Salon O6I28/2006 Approved .:dndscape/Site Plan 200636 Kenai Veterinary Hospital 05/16/2006 Approved 200642 Alaska Digitel 175-foot lattice tower 06!09/2006 Approved 200645 Peninsula Powersoorts 06/28/2006 Approved Preliminary Plat 200630 Sungate Park SD Schweitzer Addition 04!26/2006 Approved 200631 General Aviation Apron SD #5 04/26/2006 Approved 200633 Original Townsite of Kenai-Vozar Addition 05!1012006 Approved 200637 Thompson Park Meyers Replat 05/24/2006 Approved Rezone 200624 IL and GC to GC 04112/2006 Approved ZO Juty, 2006 Page I oj2 TYPE OF PERMIT Resolution # TYPE MEETING DATE ACTION Transfer Conditional Use Permit 200626 Lodging and Guide Service 200626 Lodging and Guide Service 200627 Cabin Rentals 200627 Cabin Rentals 200627 Cabin Rentals 200628 Cabin Rentals 200629 Cabin Rentals (variance 200643 Free standing sign 04/12/2006 APProved 04/12/2006 Approved 04/12/2006 Approved 04/12/2006 APProved 0411 212 0 0 6 APProved 04/12/2006 APProved 04!12/2006 Approved 06/28/2006 APProved 10 Ju[y,1006 Page 2 oj1 INFORMATION ITEMS KENt3I CITY COUNCIL MEET%NG JULY 19, 2006 I. 7/5/2006 Board of Adjustment Hearing Verbatim, Pearce v. Carlson/Goodloe, d/b/a Larry's Guide Service. 7/5/06 L. Semmens Investment Report. 3. 7/7/06 N. Carver letter to Marathon Oil Company/Cannery Loop Unit No. 3 -- Drilling Permit Lapse Period Extension. 4. 7/ 12/06 T. VanHove, DOT transmission with attachment of 7/24/06 Kenai Peninsula Borough Project Tour schedule. 5. 7/6/06 J. Odgers, Kenai Chamber of Commerce letter related to KEDS Quality of Life Committee and related concerns. 6. 7/3/06 D. Murtha, DCCE Letter related to FY 2007 Designated Legislative Grant (Municipality). 7. 7/6/06 Representative K. Olson letter related to award of $40,000 to the City of Kenai for KPD locker room upgrades. 8. 6/2006 Kenai Municipal Airport Enplanement report and Float Plane Basin Activity Report. 9. Alaska Support Industry Alliance/2006 Amended Gaming Permit Application. 10. 7/06 Resource Development Council for Alaska, Inc., Resource Review. 11. 7/14/06 Purchase Orders Between $2,500 and $15,000. Tn~-1 BOARD of AgqDp,rUSTpr,reENT xEARING JULY 5, 2®®6 5:30 P.M. KENAI CITY COUNCIL CHAMBERS BOARD CHAIR PAT PORTER, PRESID%NG Appeal of Planning 8a Zoning Commission Approval of PZ06-34 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part 5 (160 Richfield Drive), Kenai, Alaska. Apptication submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. Appeal filed by Donald E. Pearce. Boazd Present: P. Porter, J. Moore, R. Ross, R. Molloy, L. Swarner (arriving at 6:35 p.m.) Staff Present: City Clerk C. Freas, City Attorney C. Graves, City Manager R. Koch, City Planner M. Kebschull Others Present: Wendy Goodloe, Appellee Chair Porter reviewed the instructions for the members of the audience, noting the instructions were included in the packet of information provided. Porter also indicated additional information items for inclusion with the packet of information. Porter opened the hearing and informed those who wanted to speak to sign in and give their name and address for the record prior to being sworn and giving testimony. Verbatim begins: Porter: Be sure you sign and then stand and the Clerk will swear you in please. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Goodloe: Yes, I do. Porter. Thank you. Please have a seat. Goodloe: My name is Loretta Pearce. I live at 155 Richfield Drive and just a few things that I just wanted to address is that I would please ask that you don't make a hasty decision and you look things over and all of the reasons that I've stated in the past that are in these packets still hold true. And one of the stipulations that this permit has stated is that it should cause no harm and right now I do believe that it already has since at the last Council meeting one of my neighbors that would at least wave at me doesn't even wave at me, ya BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 2 know, anymore and I have not even been afforded the luxury as to know why. I don't know if there was an approach by Ms. Goodloe or not, I can't say. I really don't know. One of the other issues I'd like you to see is that Ms. Goodloe in the past stated that she lived there, she didn't live there. She went from absolutely no boats being there to okay, so I do store boats there. Ya know, you tell me where the honesty starts and where it ends and let's remember that in the past she was running this business without a permit. I believe it's harmful to my neighborhood and I don't believe that it's unfortunate that we live in a nation filled with loopholes since that's obviously, that's the azea she took. I believe that we have people in positions to push this to the side and allow us to be a democracy. Our last decision, when it was over-rided and she wasn't allowed a permit we spoke as a community and we haven't faltered and I believe that you should listen to that. I really have beers being bothered. Sl-.e shows pictures of a car stereo, i mean of a stereo there, and it's car stereos. That's why I am giving these people jumpstazts. They have car stereos that they rent, they drive up, they open the doors, they play their stereos and then when their car battery dies, I'm asked to give them a jumpstart. And as I've stated in the past, fish. There's a lot of issues, the bear issues. My children are at a marrying age now and they're talking about bringing grandchildren to my home. We bought five lots to avoid all of these problems. And the other guides, one of the last things they said at the Council meeting was, one of the reasons they were going to allow it because there aze other guides in the area and they azen't a problem. Well, that's correct. You can look at another situation there. You can say, there are some other guides there. They haven't given us a problem. I haven't had to deal with their clients and they are tended to and taken care of. I would just like to consider all of these issues and please fully read the information. You know it's like I said, "on again off again." What is the truth? Porter: Thank you, Ms. Pearce. Peazce: We've not faltered. Porter: Thank you. Is there anyone else from the general public who would like to be heard? Please come forward. Would you please write your name and your mailing, and your physical address there and then you'll need to stand to be sworn in, please. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the tnath, the whole truth, and nothing but the truth, under pain and penalty of perjury? BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 3 Horton: Yes. Porter: Thank you. Horton: I am Dave Horton, new comer to Kenai, not to Alaska, 60 year resident of this fine country, just happened to relocate from Juneau up here. Bought a place on the corner of Phillips and Phyllis Drive in North Dogwood. Built a nice, we have a nice, new log home, built by Hall's. Put a new garage on it. Got just about three quarters of an acre, corner lot. Wonderful neighborhood. I like to see it as a neighborhood. We came up here to retire. I'm a Vietnam Vet. I've looked at timber all over the State. There's very few parts of Alaska that I haven't been in in the last 60 years. I do believe in free enterprise, but I do also believe in neighborhoods. Business free neighborhoods. Residential neighborhoods. And I'm here to support the effort of our neighbors here to prevent a bed and breakfast, whatever you want to call it, it isn't, it's a business from taking placing and another being taken place in our neighborhood. I'd like to see all the businesses eventually shut down, but to start a new one, had I been awaze of the cabins that are right across the street from us and they were available when we bought on Phillips I would have bought them myself and they wouldn't be short-term rental units. It would be residential. I enjoy seeing the families and the kids and the dogs and the moose, free to go up and down our streets. I was a little bit miffed by the fact that this, this process was up in front of you folks not very many months ago and it was back up again and all of the sudden fl2e majority of the fpllJ~ that ypere nn the Hanel that wac, ith, T'6viewino thin >>h~ - - __ r~___ _- o ___ um, application, uh, were flip-flopped in their decision. It went from majority against it, saying that the, it didn't fit the code, it didn't fit a whole bunch of stuff, to ... Porter: Mr. Horton,. the end of your testimony is over, but let me just remind you of something. I think you're getting us mixed up with the Planning and Zoning Commission. This is the Board of Appeals. The Planning and Zoning Commission changed what, what they originally said and gave them a temporary pernut from what I understand. It was not this Board of Appeals that, that flip-flopped. Horton: No, I realize it wasn't you guys. Porter: Okay. Horton: And I'm here to hope that you won't flip-flop this time. Porter: Okay. Thank you. BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERuiCE JULY 5, 2006 PAGE 4 Hor±an: Thank you. Porter: Thank you very much. And I did see your place. It looks very nice. Horton: Thank you. Hopefully an asset to the neighborhood. Porter: Is there anyone else from the general public? Clerk: Do you solemnly swear or affirm the testimony you aze about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Carr: I do. Porter: Thank you. Carr: Excuse me for being nervous. I just would like to ... Porter: Could, could you state your name for us please. Cars: Susan Carr, I'm sorry. Porter: That's okay. Carr: And I live on North 1JOgwood. And 1 just want to say that this affects all of our neighborhood, not just Richfield, Standard, the normal within I think it's 500 feet, boundaries, it's all of our connecting roads, our neighborhood is all connected. No matter which way you go in or out, it's connected. So whoever the traffic comes by, it's a dust storm. My main concern is that Larry's Guide Service tried to get a permit under Larry's Guide Service. Then they changed tactics and dad ashort-term rental, supposedly. And I have a problem with a detached house. There's no detached anything. It's a house standing by itself. I went by and took some pictures. I think I brought them in to show that the yazd is not up kept. There is a boat there, there's also, which I don't have in those pictures, but there is a bazbeque pit sitting out and we're in a bear safe neighborhood that is not bear safe. And I have a problem with the compliance as faz as taxes, business license and that goes. If they've been in business since '98, how are we going to collect these? Everybody else in business has to file taxes, buy a business license, and such. That's a main concern. BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 5 And also, taking pictures of our home and making judgments on our homes. Yes, I live in a mobile home. But it's my home. I bought it and paid for it. It's sitting on my own property. As the rest of my neighbors, they take pride in their home and I'd just assume not see it here. I do have a business in my home. I run from 11 o'clock `til 5 o'clock. As far as I know, I've had no complaints from the neighbors. Our neighborhood is such, if there were complaints I would hear about it. I've been in there for a long time. That's all I have to say. Thank you. Porter: Thank you. Anyone else from the general public? Gustine: I'm having identity crisis. Porter: Oh, that's okay. Gustine: Ibe been married for about three weeks. Do d do my name that my property's in. Porter: You do what your name is today. Gusdne: That sounds good. Clerk: Do you solemnly sweaz or affirm the testimony you aze about to give in the case now before this boazd, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Gustine: I do. Porter: Thank you. Gustine: My name is Nicole Gustine. I'm still getting used to that. I live at 130 Richfield Drive and d was unable to attend the last meeting. I was on a flight. I was surprised that we were going through this process again, but I actually appreciate the opportunity to comment since I wasn't able to. So, I appreciate our neighborhood proving that tenacity can work. T oppose having this property run as a commercial business. I believe it's a residential place. The neighborhood should stay that way and, you know, I'm just against it. So, I'd like to see it not happen. Porter: Thank you. Would you please stand. Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 6 Frank: My name is Joseph Frank. I'm a twenty-five year resident of the Valhalla subdivision. I'm against this kind of commercial businesses run out of residential area. I have a couple of concerns. One I think the City needs to let, I don't know if maybe the entire community, but at least the subdivision involved be let known that these kinds of things are going on besides just the 300 foot. My daughter was a neighbor of the proposed business. Her, my grandkids, were told to be quiet because this client's customers was, needed their sleep so they could go fishing. They don't even live here. They don't know if these people are bad guys, child molesters, whatever. It doesn't matter. We have no way of finding out with these kind of people coming in and g :ing. But my grandkids are 6 and 5 yeazs old, almost 5. And they're told to be quiet in their own yard. They don't make any more ncise than any other child of that age. So I'm really against this kind of a thing for somebody to come and tell me to be quiet, or my grandkids, or my kids, in their own house just so that these people, they don't even live there. But their clients who come and go and the people who own it come and go, there, I don't like that kind of stuff. So, I think it would be nice for the Borough to let more people know so that people like me who lives down the comer for 28 years could at least come and comment. Porter: Okay. Thank you, Mr. Frank. Frank: Thank you. Porter: Thank you. Is there anyone else from the general public who would like to be heard? Clerk: Do you solemnly sweaz or affirm the testimony you are about to give in the case now before this boazd, to be the truth, the whole truth, and nothing but the truth, under pain. and penalty of perjury? Pearce: Yes, I do. My name is Sascha Peazce. My family and I have lived at 155 Richfield Drive for over ten years. I really don't know where to begin with all the, everything I've read with trash problems, beaz problems, strangers basically that are living across the street from us, dog complaints and what I see as the worst is complaints about children. I mean, that's ridiculous. I`ve lived there from the time 1 was eight years old and rode my bike, walked, and now I drive down the neighborhood and it's only more recently that there's been, ya know, more traffic. I believe this isn't about property value and whose home makes whose looks better. It's about, ya know, children being able to play in their own yard safely, undisturbed, like a kid should. I mean, there's little enough for them around here as it is. I remember, ya know, playing with BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 7 glow sticks in the road with my sister and a man from that residence came up behind us and, ya know, he was nice and he was just interested in what we were doing, but it's uncomfortable. And that's really the issue that I have with this, is the discomfort. And that's why I'm opposed to it. On the bear issue, a statement made by a neighbor was that in her three years Paving in this neighborhood she has never seen a bear or signs of bears. And, I've experienced personally bear problems. I mean, we tattooed bears that were trapped in our yazd that were later killed. This shows that even some residents azen't educated enough about beaz problems and in today's paper, front page, it says, "Few tourists understand anything about living among bears and fewer try to learn. They create a carcass buffet and beazs come to feast." We really don't need anymore of that problem in our neighborhood. Also, gosh, I could help but be bothered that for how long they ran the business without having a permit. Ya know, it's their responsibility to know the law and not break it. They just get a slap on the hand for that is wrong. That's really all I have to say. Porter: Thank you, Ms. Pearce. Any other comments from the public? Russell: I'm Shazell Russell and I live at 4220 N. Dogwood and I've lived there since 1973. Clerk: Do you solemnly sweaz or affirm the testimony you are about to g;ve ;n the case nnw before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Russell: I do, Carol. Russell: Well, I went to the last few meetings and I came home really upset last time. We had a lot of people coming in from Poacher's Cove saying what neat people they are, but I'm still going back to I don't want anymore businesses like this in the neighborhood. We have the first cabins coming in. That was Captain Bligh's. So far the new owners have not been too bad. I did walk through one of one of the bigger cabins and here was pot of baked beans out in the trees. So I thought, oh, this was good. But I didn't take pictures like I probably should have. But, it is a concern. Because we do have a brown bear with two cubs and a pretty good-sized black bear that my husband has noted in the last two weeks. And we have taken a few, well, kids for instance, one of the neighbors down on Standard he travels a lot, he came home with a Chinese woman this spring, summer and she has a seven year old boy and they're about to walk out in the back, on the back road, so we still have to tell even the neighborhood, be BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 8 cazeful. Let along new people coming into the subdivision that doesn't have a clue about what's going on. But I do want our subdivision to stay as a subdivision and not short-term cabin rentals like a motel on the back road. That's my say again. Porter: Thank you. Other comments from the public? Clerk: Do you solemnly sweaz or affirrn the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Goodloe: Yes. My name's Wendy Goodloe, 160 Richfield Drive. First of all, I'd like to thank you guys for your time and here we aze again. I'd like to stick to the issues. Larry and I are applying for a Conditional Use Permit to rent out our house for maybe 50 days a summer, We've lived there since 1998 and up until last September we'vv had no complaints from any of the neighbors. In fact, webe never mc~t any of the neighbors. I fmd it hard to believe that all these horrible things are happening at our home and no one's called the police, called the Ciiy, called me, confronted me. Now here we are with all these stories. If there's people approaching your children on the street, please come tell me or call the police. I just don't understand how these things are happening and no one's been made aware of it uii tii we apply for t'iie Coiiditiurial Usc Pciiuit. `JdiliCji we didn't iuiow we needed. We apologize for that, but webe gone through the process and I feel that we've met all the requirements for the permit and if there's any issues that we haven't addressed, please let us know. The car stereos...we don't rent car stereos. There's vacant lots on each side of us. I own one, the folks in Bellingham, Washington own the other. They're heavily wooded lots, there's no children playing on those lots. As far as, it seems like the traffic is a huge issue. I don't see how us renting our home for 50 days with one rental car is going to double the traffic volume on our street. At least, 315 days a year there's no traffic. The average family's going to have three to five cazs. So, the traffic issue is not an issue. Can I, are we able to see the pictures that were presented? And, yes, we do have a bazbeque, it's a Weber. It's outside. I think everybody has a bazbeque grill outside. And I'm not sure what boat pictures we have. We do store a boat there in the wintertime. It's our saltwater boat. We pazk it there in September and we tow BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 9 it out in May and our other boats are not stored there. Yes, that's a picture of our saltwater boat. As faz as I know, we're allowed to store our boat there. dt's not towed back and forth. We use it six or eight weeks out of the year -either in Deep Creek or Seward. There's no boat traffic. And as far as d know, maybe once seven years ago one of my clients had a dead battery and they asked someone in the neighborhood and I'm not sure her, obviously it was a Pearce, for a jump. Well, that, ya know, these things happen. But as far as this daily harassment of my neighbors from my clients -it's not happening. If they have a problem, they call me. And, we have families, we have women, children, grandmas, grandpas, it's not all a bunch of strange men coming from the lower 48 in our house. They're nice people, they're good people. We've been in business for 20 years and our people aze the upper echelon of society. They're not a bunch of scumbags from the lower 48. They come here to go fishing. They don't cause troubles, there's no partying. We run a really clean ship and we'd just like the opportunity to continue. So in summary, after nine years if all these things are happening how come no one's come forth until September of last year when I complained about the Peazce's dog. It's going right back to the vicious dog complaint which I thought I was forced to because I figured someone could get hurt by this dog and that's all I could do. I didn't contact them. I called Animal Control. Supposedly, he took care of it. I haven't seen the dog out running loose which is good and that's the way it should be. And we do have kids in the neighborhood. I was fearful for myself and my friends and Larry and that's where this has all come from. My complaint to Animal Control on September 7w and September 8~ and here we are. Porter: Thank you. Goodloe: Do you guys have any questions? Porter: Yes. Board Member Ross. Ross: Ms. Goodloe, in the past hearing, I'm confused here because at the last hearing you testified you did not live there. Now you're testifying that you live there. Goodloe: Well, we own the home. Ross: Okay, but you do not physically live there. That is not your primary residence that you take your tax exemption on as your full-time residence. BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 10 Goodloe: We are not legally residents of the State of Alaska. That seems to be an issue, too, that we are nonresidents, which, we're nonresidents. We don't take tax-exempt status. We're not residents. Ross: The finding in the last Board of Appeals, it was included in the packet, one of the issues was that you were not living on the property in which. you were running a business. In your testimony just now... Goodloe: We had talked about that... Ross: Okay. But you do not physically live in that residence? Goodloe: I do, but I don't spend the night with my clients. If I have people that aze doing short-term rental, no I do not spend the night in the same house with them. i just think t_hat's inappropriate. Ross: Thank you. Goodloe: But we do spend time in the winter, we spend time in the spring and the fall. It's, I consider it my home. Porter: Thank you. Board Member Swarner. Swarner: Thank you. Then I guess I'd like to make this clear. Where is your primary residence when you are in Alaska? Goodloe: I have a home in the State of Washington. Swarner: No, when you're in the State of Alaska? Where is your primary residence? Goodloe: Either 160 Richfield or #25 Poacher's Cove. And I probably have an equal amount of time at each place. My mail comes to Richfield, everything I oven's there, my furniture, clothes, vehicles, boats. I would consider it my primary home in Alaska. I work out of Poacher's Cove. That's where we run our business out of. That's where my Guide Service is run. Porter: Any other questions? Swarner: Okay, and so there is no one from the business in residence when there aze clients in the house? Goodloe: No. Swarner: Thank you. BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 11 Porter: Any other questions? Thank you. Goodloe: Thank you. Porter: Is there anyone else from the general public? Okay. Please come forward. Clerk: Do you solemnly sweaz or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Clausen: I do. My name is John Clausen. My permanent address is in Mesa, Arizona. We own lot #2 and lot #37 in Poacher's Cove. We have been fishing out of Poacher's Cove for the last eighteen years. I'm retired from the Chandler Police Department so hopefully I'rn not one of those scumbags from the lower 48. I can only testify to what I see and the only issue that I wish to testify is, is that all of the fishing related activities with respect to loading clients, bringing in the fish, processing the fish and shipping the fish all takes place down in Poacher's Cove. To that extent, there is no issue with respect to fish cazcasses or other fish products that could be considered a potential beaz problem, if indeed they existed in the Ridgeway neighborhood. Thank you. Porter: Thank you very much. Other comments from the public. No, we can just have one opportunity to speak. Anyone else who hasn't spoken ~,-e~dy? Clerk: Do you solemnly swear or affirm the testimony you aze about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Bush: I do. My name is Cathy Bush. I live at 225 Richfield Drive. I'm across the street and slightly south of Wendy and Larry's house. I, I prepazed my speech if I could read it. Here we are again going over the same appeal process that has been ongoing for the last seven months. I have only attended two of the meetings, once here on February 16 for the Board of Adjustment Hearing and again on May 24 at the Kenai Senior Center for Planning and Zoning Commission hearing. I thought that this last meeting in May would be the final meeting until next year when the Planning and Zoning Commission would revisit the Conditional Use Permit for Larry Carlson and Wendy Goodloe regarding their cabin rentals. When I testified here in February, I was led to believe that the whole neighborhood was against this application and acting like a good neighbor, I testified that I was against the application and explained that in past yeazs had been bothered by noise from boats going up and down the road. Imagine my surprise when my son who was then living with my now BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERV<"E JULY 5, 2006 PAGE 12 deceased husband and I explained that d-~e boat noise that I had heard from prior years was not Larry Carlson at all, but was in fact Donald Pearce going up and down the street with his boat. After the February 16 meeting, and feeling like the neighbors were ganging up against one neighbor, I decided to speak with Wendy Goodloe to hear what she had to say. It was a very enlightening meeting. Wendy explained that she didn't know why this was happening to her and Larry except for an incident regarding the Pearce's dog that had gotten loose, had come across the street onto Wendy and Larry's property, chased her and tried to bite her. She had called the Police or Dog Control Officer. I'm not exactly sure who she called or maybe she called both. Someone came out and spoke to the Peazce's regazdang their dog. Since that time, all the rest of this has happened. I know that our part of Valhalla Heights subdivision is zoned rural residential and that the neighbors are saying that Larry's Guide Service is a business and should not be allowed in the subdivision. The part I don't understand is that Larry's Guide Service is not really located at 160 Richfield, but is in fact located at Poacher's Cove and there house at 160 Richfield is only used during the short summer season as a place for their clients to stay comfortably in a home rather than a motel or hotel. I guess the problem for me is the term, cabin rentals, short-term rentals. Let me point out that this is one home, not a cabin, or cabins. This house is a regular residential property. There are no signs outside his house. Nor is there any way to even know that the property was being used for anything except a home. To me that means the same as if I go on a long trip and wanted someone to stay in my home while I was gone. I guess I would be breaking some type of zoning requirement if I was to chazge my renter. My home is a home period. And 116 Richfield Drive is a home used by clients for short-term stays. As was clearly stated during the meeting before the Planning and Zoning Commission, the house is only used about two months during the year. The rest of the time... Porter: Excuse me, I hate to say this but your time is way over. Bush: Okay. Porter: Thank you very much. Thank you, Ms. Bush. Anyone else from the general public? Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 13 Weilbacher: Yes. My name is Ron Weilbacher. I live at 46500 Big Eddy Road in Soldotna. I attended the last meeting here. I've known Larry and Wendy now ever since they came to Alaska. And I conducted business myself. There's a few issues here. Ya know, you guys have to deal with. I guess you have to sort through the, where the truth lies in the whole matter. I feel that they should be granted a permit. I kind of want you to know that. There's three others I hear doing the same thing what they're doing there and there doing a lot more than 50 days a season and they've been doing it for quite a few years. And then again there's the issue, why is it now? They've been doing this after all these years and why is there something against them now? Why isn't it the other businesses? And then I also heard stated that some gal, else was running a business in there even. Out of her house, no matter what the hours are, they're conducting a business. Boat sales are up, Home Depot has a heck of a sale on bazbeques. How many people have a boat in their yazd and a bazbeque, I mean, it's pretty much the general public. Anyway, their customers. Well, since this issue has happened, I've been housing all their customers. And I haven't had an issue with any of them. Theyve all been really good people and like you've heazd from Wendy a few minutes ago even, they've got their kids with them, too. They bring their kids up w d they have a good tim., ti:.d they bring their dad '.:p, it's tl:e last fishing trip of the yeaz, ya know, probably, hell ever see. We're here to have a, to make a living in the summer time and it's a tough one. It's hazd to stay off welfare nowadays anyways. Thank you for your time. I hope you guys really, uh, give it some thought ya know, where the truth lies here. Bye now. Porter: Thank you, Mr. Weilbacher. Anybody else from the general public like to be heard? Clerk: Do you solemnly swear or affirm the testimony you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Horton: I do. My name is Karen Horton. I live at 105 Phillips and which borders on Dogwood. We moved in the community recently and we understood it was a residential azea. And, then we've discovered a couple of the businesses there that have been grand fathered in and all this other stuff came up so we're kind of trying to see that, what kind of precedents are being set. Are we to continue to have one more business every year added, discretely? Is this going to stop? Are we going to be a residential, rural residential azea, or are we going BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 14 to became like the river itself, which has multitudes of bed and breakfasts and lodges and fun and games all along the River? We do enjoy the community aspect of the neighborhood with the people walking their dogs and you can wave and say hi and I have noticed since the last meeting which we were here in May, the traffic has slowed down a little bit. Which is nice and they've oiled the roads, which is nice. A couple of things I just wanted to state was that according to guide rules, they have to be off the river by 6 p.m. but it doesn't say hat the fisherman has to be off the river. They are free if they're on their way home 10 miles away or wherever they're staying, they could stop off at the river and fish `til midnight, whatever they wanted to. And whatever reds or cohos they fish and catch, they can take home and process or process on the river. So I don't know that's happened, but that is a possibility that just because it's taken care of on the river does not mean the fisherman has stopped fishing for the night. If he's my husband, he's back out there again. The other thing I wanted to, I am concerned about other businesses coming in because we do like, we want to keep it our way. We don't even mow our lawns in this neighborhood. It's not an upscale neighborhood. A few people do I should say. We mostly weed eat them. It's kind of a homey, nice environment and it's woodsy and there are animals there and there are people. But we don't want a whole bunch. And not that I'm against her, I'm just against business. Thank you. Porter: Thank you, Ms. Horton. Is there anyone else from the general public who'd like to be heazd? Mr. Peazce, did you want to make a statement since you're actually the appellate? Please do that. Clerk: Do you solemnly sweaz or affirm the testimony you are about to give in the case now before this boazd, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? Pearce: Yes, I do. Boy, there's so much on this I don't even know where to begin. It seems like they're trying to turn it into a vengeful act on calling the dogcatcher on my dog. And, some of the things that are brought out on that were news to me at the hearing as far as the vicious dog. I got complained about three times last yeaz for a barking dog. Bill, the dogcatcher, come over. He was more annoyed about it than I was I think. Having to come over. The same person calling him all the time. And he told me, ya know, it's not illegal to have a dog barking. Ya know, they can't talk so they bark. But if he leaves the property that he would pick him up. My dog is trained. He doesn't leave the BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 15 property and I welcomed him to investigate anytime he wanted. And he drove by multiple times. I've still got my dog. Most my neighbors know my dog and know it by its first name. It's not a vicious dog. He is a protector. You probably wouldn't want to get out of your car if he's in the yard unless I'm out there, but he doesn't bite people. First of all, this situation we're in, whereas, Wendy's trying to get a cabin rental, it doesn't fall under the definition of cabin by City Code because the definition of a cabin is it is a separate detached dwelling. What she has is asingle-family residence which meets the rural residential criteria. It's not separate from anything. She may claim that she had no intent to create a hostile environment. A couple of the letters, one from the realtor and one from a Mrs. Hamlin made references to what people have said and people's home and those themselves I would think create a hostile environment. Especially from the input Ibe heard from my neighbors as well as Wendy herself stating during a hearing February 16w, this is a quote from page 5 of that hearing, there is not one bit of truth and there's an underscore, I don't know what it's supposed to represent, a missing word or something, but it says there's not one bit of true testimony. It was all outrageous lies. It's not the way to get your neighbors support on anything. She compares her permit application as similar to others in the azea. And, the Beaver Creek Ledge; is what it says. It's a lodge. It's the name. It's the lodge. She's trying for a cabin rental. They are at the beginning of the neighborhood, nobody gets past that point to come back deep into the neighborhood where we're at or where she's planning to put her business. So, I don't really see much of a comparison there. The other one is the knife shop which runs a normal business hours type of a business. Not 4 o'clock in the morning. We don't have the problems with these other businesses as faz as trying to tell the neighbors how they should be living or complying with their rules during their summer months. I have noticed, as a matter of fact, I called Larry Lewis today with Fish & Game and I asked him if there's been any bear complaints in the neighborhood this summer. He said no. And, I'm not going to sit here and tell you that it's the Carlson's that are doing it cause I can't prove that. I don't know that. Fish 8v Game did an investigation on it. They don't know who's doing it. But they haven't rented this summer and we haven't had any bear complaints. That's as far as I can go with that. I also talked with Brett Reid and he said that there have been no barking dog complaints this year either. I talked with both of these people this morning. BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVIC`~ JULY 5, 2006 PAGE 16 I don't have any trash in my dztch to speak of. WVhich in front of my house it took me several hours to clean that up last year. Where I live right there on Richfield Drive has been extremely peaceful as far as traffac goes I think Ibe created the majority of that because I've been doing a lot of construction on my house. The letter that Wendy had included on her last deal there where the realtor made note that the majority of the homes were mobile homes and houses in need of desperate maintenance and the only house that she took a picture of was my house which was in the middle of a remodeling project that showed my bathroom dormer room laying in my front driveway. So I have here some pictures of before the work I'm doing now and what the house looks like now. This is a picture taken yesterday. This is, I don't know, last year, the yeaz before. That was misleading testimony to say the least and I put a lot of money into that home and i've done it a lot this year. it is certaiaxly not a house in need of any kind of maintenance. We're not acop-calling neighborhood. We don't call the cops. We do communicate with each other when we have problems. And, ya know, Wendy said if we would have told her she would have done something about that, that we need to communicate with her, but she's never confronted me with my dog barking or being vicious or anything else. She's simply called the cops. I got a not from the dogcatcher last year that said third time for a barking dog complaint. The other day, well it's been a month or so ago, Mrs. Russell called me. We talked. She said that the one of the guys doing the construction on my house was driving excessively fast up and down Dogwood and if I would say something to him. So I did. He slowed down. A few days I talked to Jim and Shazell and they said hey thanks, he slowed down, everything's cool. We didn't get anybody else involved. That's how we normally take care of things in our neighborhood. Porter: Mr. Pearce, your five minutes is up. So if you want to just wrap it up real quick that would be fine. Pearce: Well, most of what I've got is stuff that's already in the letters that Ibe supplied as evidence. I ask this Boazd to take their time, to read everything that webe got in there and to consider everyone's testimony. Look at all of it on both sides before you make a decision. We don't need a hasty decision as the Planning and Zoning Board did. Porter: Thank you. Are there any questions of Mr. Pearce? No, don't see any. Is there anyone else from the general public who would like to be heard? Okay, seeing none, I want to close the public hearing at this time. I do want to thank everybody for attending. I want to remind you that the Board of Adjustment has 30 days with which to reach its decision. A copy of the decision will be available on the City website and forwarded to anyone who gave BOARD OF ADJUSTMENT HEARING PEARCE V. CARLSON/GOODLOE DBA LARRY'S GUIDE SERVICE JULY 5, 2006 PAGE 17 testimony today as well as Ms. Goodloe and Mr. Carlson and Mr. Pearce. This hearing is closed. Thank you very much. END OF VERBATIM. Verbatim prepared by: Jenifer Lockwood, Administrative Assistant jn~a-a l1AEM0 NDl1fVl TO: Gity Council FROM: Larry Semmens, Finance Director THRU: Rick Koch, City Manager DATE: July 5, 2006 SUBJECT: Investment Report At June 30, 2005 the City had investments with a market value of $33,512,275.12 which is up from $32,947,831.00 at June 30, 2005. The portfolio yield is 4.12% compared to 3.35% at the end of FY2005 and 2.61 % at June 30, 2004. The breakdown of types of investments held is: US Agency Securities $32,033,911.25 AML Investment Pool $ 565,517.45 Bank Balance $ 912,846.42 Interest rates continue to trend upward in the short maturity range that we typically invest in. The Federal Reserve Board increased short term rates recently to 5.25%. The turnaround in rates causes the market value of the securities in the portfolio to decline. Unfortunately, accounting rules require that I recognize a paper loss of $335,574.60 this year, which is more than 3 times the paper loss of $83,000 last year. Total interest income is about $923,000 which is up nearly $100,000 from last year in spite of the large paper loss. As securities mature we will receive the par value. Any difference compared to market value will be recognized at that time. my uaac airategy Of iriJe$ting iS to biiy 8i1u 1 iuw. r+s uaan is avauauie 1 invest it at is a 85t rates aVaiiBuiE within the time frames necessary to meet cash flow needs. Some of the securities in the portfolio are callable, which means the issuer can redeem the security for the par amount at their option. A call generally only occurs when rates are falling, which means that the investor will reinvest at a lower rate of interest. On a very infrequent basis I sell a security to meet cash flow or to increase yield by purchasing another higher yielding investment. If you have any questions or comments about the City's investments please contact me. A copy of the portfolio is attached. CITY OF KENAI CITY OF KENAI INVESTMENTS 6/30/2006 AT 06/30/06 EFFECT. DATE DATE MATURITY SECURITY original cost Book Value Market Value RATE PURCH. DUE (PART FNMA 2.5 1,000,000.00 986,250.00 996,880.00 2.50 8/11!2003 8/11/2006 7,00:.,000 FNMA 2.5 994,500.00 992,810.00 993,440.00 3.09 17/24/2004 11/9/2006 1,000,000 FHLB 2.32 995,000.00 978,750.00 985,630.00 2.47 7/17/2003 12/19/2006 1,000,000 FHLB 3.375 1,998,000.00 1,986,880.00 1,977,500.00 3.42 1/12/2005 1!12/2007 2,000,000 FHLB 3.625 1,000,000.00 996,560.00 988,440.00 3.63 2/76/2005 2/16/2007 1,000,000 FHLMC 2.85 995,000.00 982,810.00 983,130.00 3.05 8/25!2004 2/23!2007 1,000,000 FNMA 2.5 996,500.00 978,750.00 979,690.00 2.62 3/8/2004 3/8/2007 1,000,000 FHLB 4 2,495,000.00 2,496,571.85 2,466,931.25 4.00 4/5/2005 4/5/2007 2,495,000 FHLB 4.5 1,000,000.00 1,000,000.00 991,880.00 4.50 10/17/2005 4/17/2007 1,000,000 FHLMC 3 999,500.00 985,310.00 979,060.00 3.02 4128/2004 4/27/2007 1,000,000 FHLB 3 1,000,000.00 985,940.00 979,690.00 3.00 4/27!2004 4/27/2007 1,000,000 FNMA 3.375 998,000.00 991,880.00 981,880.00 3.55 1/4!2005 5/15/2007 7,000,000 FHLB 3.13 989,700.00 986,880.00 979,380.00 3.42 9/3/2003 5/21/2007 7,000,000 FHlMC4.705 1,000,000.00 1,000,000.00 990,120.00 4.71 10/11/2005 10/11/2007 1,000,000 FHLB 5.32 996,875.00 998,875.00 997,790.00 5.55 6/28!2006 11!23/2007 1,000,000 FHLB STEP UP 3.75 999,250.00 999,690.00 990,630.00 4.25 11/29/2004 11/28/2007 1,000,000 FHLB 5.1 998,033.00 998,033.00 993,440.00 5.21 3/10/2006 3/6/2008 1,000,000 FHLB 3.625 987,500.00 998,750.00 967,190.00 4.09 6/29/2005 5/19/2008 1,000,000 FNMA Stepup 1,000,000.00 990,940.00 985,630.00 4.50 5/19/2006 5119!2008 1,000,000 FHLMC 5.5 997,616.00 997,616.00 997,420.00 5.63 6/28/2006 6/13/2008 1,000,000 FNMA 4.02 986,268.00 998,130.00 971,250.00 4.33 8/27/2003 8/18/2008 1,000,000 FHLB 3.5 994,500.00 984,060.00 955,310.00 3.63 3/4/2004 12/26/2008 1,000,000 FNMA 5.17 1,989,000.00 1,989,000.00 1,981,880.00 5.39 5/26/2006 2/23/2009 2,000,000 FNMA 4.3 1,000,000.00 1,002,500.00 971,560.00 4.30 5/6/2005 3!9/2009 1,000,000 FH186795 1,115,620.00 1,106,560.00 1,039,690.00 3.90 2/11!2005 6/30/2009 1,000;000 FHLB 4.0 994,630.00 994,630.00 995,000.00 5.15 3/70/2006 12/28/2009 1,000,000 FHL84.5 998,000.00 1,001,560.00 967,190.00 4.55 5/12/2005 5/12/2010 1,000,000 FNMA 4.375 972,750.00 972,750.00 960,940.00 5.05 12/2/2005 6/21/2010 1,000,000 FNMA 5.25 989,000.00 989,000.00 985,940.00 5.52 6/28/2006 2/23/2011 1,000,000 SU8 TOTAL $ 32,478,242.00 $ 32,369,485.85 $ 32,033,911.25 32,495,000 AML POOL 565,517.45 565,517.45 565,517.45 4.95 565,517.45 $33,043,759.45 $32,935,003.30 $32,599,428.70 $33,080,577.45 REPO 912,846.42 912,846.42 912,846.42 4.57 912,846.42 TOTAL $33.956.605.87 533.847.849.72 5~ 1 7 .1 $33.973.363.87 TOTAL CURRENT YIELD 4.12% -__ ,~ ttie tt~ of KENA~ SKA July 7, 2006 Charles A. Underwood, Jr. Permit Coordinator Marathon Oil Company P.O. Box 196168 Anchorage, AK 99519-6168 "V'~lla9e ~ct~ a Past, G~ty W~r~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us KE: Marathon Oil Company -Cannery Loop Unit No. 3 -Drilling Permit: Lapse Period Extension Dear Mr. Underwood: Attached is a signed drilling permit extending the lapse period from 120-days to 180-days on your 2006 Drilling Permit for the above location. This permit satisfies the City of Kenai's requirements for Marathon Oii Company drilling at this site. Your previous project description covers the scope of the project. Section B of the Drilling Permit specifies the length of the permit. If I can provide additional information or assistance, feel free to contact me at 283-8237. Sini er ly, -~~ ~ ,~~ ~ ti ~ ~ Nancy Career Planning & Zoning Assistant Attachment Alaska Asset Team ~aCat~l017 NIYRATNUN ®~I ie®i73p317~/ July G, 2006 Rick Koch City Manager 210 Fidalgo Avenue Kenai, AK 99 61 1-7794 P.O. Box 196168 Anchorage, AK 99519-6168 Telephone 907/561-5311 Fax 907/565-3076 RE: Drilling Permit Extension Cannery Loop Unit Pad No. 3 Dear Mr. Koch, rp1 r'~ ~C~9 t~S--s-.. i lU~b ~ t CITY Oi- KENA! AOM!NISTRATI!~N Marathon Oil Company (Marathon) is requesting an extension to the current Drilling Permit to allow for the drilling of a second well (Cannery Loop No. 12) from the above- referenced location at 500 Childs Avenue. This site was reactivated for atwo-well drilling program that was subsequently modified to accommodate other demands. A period of 126 to 130 days will elapse between completing the first well and the start of drilling for the second well. Since this cessation is greater than 120 days, the Drilling Permit self-expires under the terms of Condition B. Our current project schedule estimates that the second well will begin drilling in late August and will complete by September 30, 2006. Condition B of the Permit cites that the City Manager is authorized to grant an extension under Kenai Municipal Code 5.35.060 (A)(3). Marathon is requesting a 60-day extension which will grant us sufficient time to drill and complete this additional well. If you have any questions or require additional information, I can be contacted me in at 565-3043 or via email at caunderwood@marathonoil.com. Sincerely, ~~~~~~ Charles A. Underwood, Jr. Regulatory Compliance Representative c: J. A. Bames P. K. Berge A. B. Schoffmann W.J. Tank (Houston) K. Wiles E 190.14.4 n ~ ,~ ~v ~°~ ~~ _~;~ ~ CITY OF KENAI - ._- 2006 DRILLING PERMIT LAPSE PERIOD EXTENSION fhe c~Yyaf 16ENA~ SKA The CITY OF KENAI, 210 Fidalgo Avenue, Kenai, AK 99611, for consideration and pursuant to, and in conformity with KMC 5.35, incorporated herein by reference, and in accordance with the request by letter of application from MARATHON OIL COMPANY, P.O. Box 196168, Anchorage, AK 99519-6168 (c/o Charles A. Underwood, Permit Coordinator) dated July 6, 2006, does hereby issue this drilling permit extension for an oil and/or gas well (Cannery Loop Unit #3 Pad) effective on the date of execution hereof. A. WELL LOCATION: N1/2 NEl/4 NE1/4 SWl/4, TSN, RllW, Section 4 Seward Meridian, Tract A, Autumn Subdivision (500 Childs Avenue). B. LENGTH OF PERMIT: The term of the original permit expires on April 13, 2007. The permit shall be in effect until April 13, 2007 as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than 120 days, or as oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that, if at any time after discovery of oil or gas, the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commences additional reworking periods granted by the KMC 5.35.060(a)(3), i for a total of 180-days. operation within 120 days or within any extended City NI».;ager pwrsaanr to KI`~IC 5.35.060. Pursuant to ~e 120-days lapse period is hereby extended by 60-days C. CONDITIONS: Conditions of KMC 5.35 are hereby incorporated herein by reference as conditions of this permit. D. DEPTH OF WELL: Total proposed depth of both wells is 8,150 feet. E. INVALIDITY: In event any term or condition of this permit is determined to be invalid, this permit shall, as to its remaining terms and conditions, remain in full force and effect. DATED this ~~day of July 2006. CITY OF KE I Ric .Koch City Manager sTATE of ALASKA ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~~ay of July 2406, RICK R. KOCH, Kenai City Manager, personally appeazed before me, to me known to be the individual described in and who executed the foregoing document and acknowledged that she/he signed the same as her/his free and voluntary act and deed, for the uses and purposes therein mentioned. GNEN UNDER MY HAND and official seal, the day and year last above written. /~. Notary Public in and for Alaska. My Commission Expires: ~~/~~Zaob'' Rick Koch From: Todd VanHove [todd_vanhove@dot.state.ak.us] Sent: Wednesday, July 12, 2006 8:21 AM To: Gary Davis; Tom Boedeker (Tom Boedeker); Rick Koch; Keith Kornelis; Walt Wrede Subject: Alaska DOT Peninsula Trip July 24-25 All, I~-'~ Below is a proposed Itinerary for the upcoming trip. If you have any specific requests for information please forward them to me and I will try to get answers for you before we visit. We look forward to meeting everyone again this year and tour the projects ongoing in the communities. Kenai Peninsula Borough Project Tour ADOT&PF Central Region July 24, 20(16 Itinerary July 24 Soldotna & Kenai Cities Leave Anchorage 8:15 Arrive Soldotna 10:45 Meeting with Soldotna City (City Hall 11:00-12:30) Lunch (12:30-1:30) Look at projects in local area Drive to Kenai Meet with Kenai City (City Hall 3:00-4:30) Look at local projects 7/12/2006 Page 2 of 2 Drive to Homer (2 hours) July 25 Homer c4i Borough Look at local projects in Homer Meeting with Homer City (City Hall 10:00-11:30) Lunch (11:30-12:30) Drive to Soldotna (2 hours) Meeting with Borough (Mayor's Conference Room 3:00-4:30) Drive back to Anchorage 2.5 hours Contact Information Borough Gary Davis 262-4427 GDavisCc7borough.kena_i.ak.us Soldotna Tom Bodecker 262-9107 boedeker ci_soldotna.ak.us Kenai Rick Koch 283-7535 (222) rkoch(a~ci.kenai_akus Kenai Keith Kornelis 283-7535 (236) kkornelis(cici_kenai.ak.us Homer Walt Wrede 235-8121 c~manaeer(a)ci,homer.ak,us 7/12/2006 Kenai Chamber of Commerce 402 Overland Kenai, Alaska 99611 (907) 283-7989 (907) 283-7183 (Fax) July 6, 2006 Rick Koch, City Manager 210 Fidalgo Avenue Kenai, Alaska 99611-7794 Deaz Rick: ~.5 The Kenai Chamber of Commerce is "Champion" for the KEDS Quality of Life Committee. We have divided this into sepazate groups, and one is addressing Old Town Kenai. We have met twice and will be meeting again next week. Below are the concerns that we would like the city to address. Item One: Address Property Ownership It was the consensus of the group present that the Historical Area of Old Town should not be expanded. Item Two: Address. Historical Priorities and Options 1. Individual buildings should be encouraged to become,historical. 2. Lot 16 that houses the Fine Art Center and Old Library a. Encourage Planning & Zoning to dedicate this property as the "historical area" and allow The Kenai Historical Society to move Clarence Ladd's historic cabin here. Thus this azea would become a small historic hub. b. The children's park needs to be upgraded c. Remove the driveway, it doesn't appear to be dedicated, grass or? this area. 3. Anew survey of Old Town by the Historical Society should be encouraged. a. New signs need to be added b. Allow signs that also designate buildings that aren't historical c. The walking tour map needs to be updated by the Visitors Center, would like to see the map have all of the buildings on it including some stories. Item Three: Address the needs of Old Town Beach Problems with Dipnetting. a. Address the waste that is left on the beach from the fish, either with dumpsters or a grinding station. b. What is the money raised from User Fees from Dipnetting used for? c. Parking is also an issue, the Hansen Park needs more parking, adjacent or a parking area should be set aside where people could walk to the park and watch the fishing. This problem is all summer, not just fishing season. 2. Signage a. Large sign needs to be at the comer of Main Street Loop and Kenai Spur. This sign should include details regarding Historic Old Town, Kenai Fine Art Center, Church...etc. businesses -OR- a large sign going across Main Street Loop "Welcome to Old Town" b. Speed Limit Signs c. RV Park -directing traffic to the RV Park (map will be provided) 3. Beautification a. Benches along the walking trail, trash cans near by. b. Flower boxes c. More lights, similar to the lights around Old Town (by church), could put them in without lights in them as most tourism is in the summer when they lights shouldn't be needed. d. *Children's park needs to be cleaned up (I have already spoke with the Lions Club and they are willang to help clean this up. They suggested that uacc uanncivaaa aauup an pose uc aa.ncu uuwu anu a ©pscGtc t UG professionally painted in its place and they can also do -the neighbars find that having older children with younger children is not a good mix) - 4. Growth a. Continued growth in Old Town, encourage small business and homes. b. Tax Incentives for those who own property a Clean up the area If you have any questions please feel free to call me. Very truly yours, ~~ ~° Jame Odgers Executive Duector CC: Rick Baldwin, Chair, KEDS July 3, 2006 DEPARTMENT O F ('~®~ /(j~, ~(~ [~~~` Frank H Murko: COMMUNITY AND [F7i1k'amC Noll, ECONOMIC DEVEIAPMENT Michael Black, Director Division of Community Advocacy Grans Seceion Charles M. Kopp City of Kenai 210 Eidalgo Avenue Kenai, AK 99611 RE: FY 2007 Designated Legislative Grant (Municipality) ~~ ~~ Dear Mr. I~p}3p` I am pleased to notify you that the City of Kenai has been appropriated a FY 2007 Designated Legislative Grant per AS 37.05.315 for the purpose of Public Library Book and Computer Equipment Replacement. The amount of State funding available for this grant is $20,000.00. In order for the grant funds to be released, you must enter into a grant agreement with the Department of Commerce, Community & Economic Development for this project. Please provide the following information at your earliest convenience via mail, fax or email: Brief project description that explains how the grant funds will be utilized. Contact information including name, title, telephone/fax numbers and mail/email addresses for the person who will be administering this grant. Upon receipt of the above, I will prepare and send the Grant Agreement for signature. If you have any questions, please contact me via telephone at (907) 465-5647 or email at deana murtha@commerce.state.ak.us. Congratulations on this grant award! Sincerely, Deana Murtha Grants Administrator P.O. Box 110809,Juneau,Alaska 99811-0809 Telephone: (907) 465-5647 Fax: (907) 465-5867 Text Telephone: (907) 465-5437 Email: deana_murtha@commerce.state.ak.us Website: http://www.commerce.state.ak.us/dca P"1i' AL i ST TE LEIL~TU REPRESENTATIVE KURT ®LS®N • Co-Chair, Community and Regional Affairs • Member, Resources ~ or rye 9~~A~~~~~% ~A ~ Session Tanuary -Mav Fw M State Capitoi _ `~_ Juneau, AK 99801-1182 -=`=~' Phone:907-465-2693 Op SXF Fax: 907-465-3835 wLA ln'~1 Interim: Mav -December 145 Main Street Loop, Ste 221 Kenai, AK 99611 Phone:907-283-2690 Fax 907-283-2763 Official Business July 6, 2006 Chuck Kopp 107 S. Willow St Kenai, AK 99611 C-mac..., c.v~~ Dear C'l~tief3C-opp, FE~Ea ' i JU! 1 0 20!, As you may already know, during the last legislative session, I was able to insert into the Capital Budget a line item of $40,000 for the City of Kenai. Specifically these funds are for the Kenai Police Department Locker Room upgrades. I am pleased to inform you that by his recent signing of the Capital Budget Bill (SB 231), the Governor has completed the next step in helping the Kenai Police Department serve our community even better. It is my hope that the new sturdier and more secure lockers, benches and seating to be installed will help to make the work environment a little better for all the members of the Kenai force. I sincerely appreciate the work you, your staff, your dispatchers and all your officers do for the City of Kenai. Thank you for everything your do to keep the visitors to, and the citizens of our community safe and secure. Sincerely, 1 ~~~." Representative Kurt Olson District 33 cc: Mayor Pat Porter Rick Koch Email: Representarive_Kurt_Olson~legis.state.ak.us r~-s N v, 0 co O Q tli ~y ~o C p. .G g O C U ~ Z O W4 xa a N ~V N O N t4 zp~ ~ U LL ~ C W ~ _ ~ w lO° ~ ® z a' p z ® ~ ~ a N C7 a z O Q Q t G O W d ~A N ~ ~ ~ M O O O O O O O O I~ O V V: N ~ ~ ti ~ n r ~n ~n co <o o m o~ N O O V N N N N V M M to ~ W ~ W O V (D O 00 N N N W (D I~ W O ~ O] N W M W O in r t!7 W 1~ 0] r O ~ (0 1n cO to N CO ~ m cU C0 t0 c0 M N V O ~ lf) d O N N p j O V v rn m m ~ CO M CO m M cO M O N i~ V 0 0 0 0 0 0 V V W p ~ ~ O O O ~ N ® ~ M N I~- O - m M - N ti ' ~ . . M V (O N M tD M (D N M O N (O C M (O O CO O to In u] ~ ~ O > U -~i li ~` Q `~ ~ ~ Q (n O Z p V M N d' L .~ C R d c 0 l0 0 y a c O H YB L •' e+ a C ~~ ~ C d d ~ Y a ~ ~ c m +~ 0 c d ~ •b lC ~ N V L ~ ~ ~U v C7 d N Q b •x R Y C L C t0 W M P M M O ti M V v 0 N V' r M aD M M U1 a~ h .,. j^j t FLOAT PLANE BASIN ACTIVITY 2002-2006 ®PER~4TIONS 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 327 428 259 345 AUGUST 238 342 287 233 SEPTEMBER 227 134 215 153 OCTOBER 100 40 63 37 NOVEMBER Closed Closed Closed 10 T' fa1,, ~ ,u- -~ . ;~~•,250 ., ' 325 ; - 1204 ,:+1088 . .. 1085 ~`~. ~~ .~. 'not reported FUEL SALES nnonth zoos 2005 zoos 2003 zooz MAY $0 $1,035 $452 $835 $98 JUNE $909 $3,101 $2,209 $1,391 $1,986 JULY $3,461 $2,095 $1,773 $2,757 AUGUST $3,365 $2,041 $2,513 $2,419 SEPTEMBER $2,811 $792 $2,219 $983 OCTOBER $693 $26 $263 $65 Iota `~~,~~ '$909 4s8 $7;675 .,$8 993 58 308 , „ , Slips Rented Private 9 Commerical 0 Rev 8/2003 7„b-9 Department of Revenue State of Alaska Tax Division, Gaming Group 200S Amended Gaming Permit A~plicatian J box 110420 AS 05.15.020 Juneau, AK 99811-0420 Telephone 907.465.2320 - This form is also available on the Internet at www.taxstate. ak. us/forms.asp ORGANIZATION INFORMATION -. ~~ ` I~~~y ~~ ~_`~ TYPE OF ORGANIZATION. (Check one box. F ~(~~,f~N ~ ;~ ~~C~~^~ Charitable l_FG 4 4 , v. l-•fl Civic or Service ~ ~~~ Dog Mushers Association Educational i ~Fishing nervy A.=_socta+,ien _. _ _.... ORGANIZED AS ~~~~~ ~~ cwt ~~~ Corporation c SRSONS IN CHARGE OF GAMES. Persons r anization. Persons may not be licensetl as an I. ,unary Member's First Name M.I. Primary ~~~^-' Date Police or Fire Department Political Religious Veterans U,RA,,.at,ve V;llaya ' ~Assoaahon nicipa6ry, and designated by the Has the primary member taken and passed [he test? ^Yes ~NO Has the alternate member taken and passed the test? Yes ~NO Permit number untler which the test was taken: Permit number under which the test was takan~ THESE QUESTIONS MUST BE ANSWERED. (If you answer "yes" to either question, please submit the persons name and position of responsibility.) Yes ~No Has any member o(management or any person who is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ortlinance of this state or another jurisdiction that is a crime involving theft or oishonesty or a violation of gambling laws? Yes ~No Does any member of management or any person who is responsible for gaming activities have a prohibited conFlict of interest as tlefned by 75 AAC 760.954? We dec/are, under penalty of unsworn falsification, that we have examined this application, inc/uding any attachments, and that, fo the best o/our knowledge and be/ief, it is true and complete. We understand that any false statement made on this application or any attachmepts is punishable by law. rnmary H¢ernate oers m azure Print d Name (/~~--~G ~t ( (fin (~ ~r~ r}den~t o~~r Vi,ce-Presiden//t/'}g Signature (See Instructions j Print ~-d~Nna~m~ee /~~?( (~ ~_ Date f ._./ ~'.~l l~~ ~. ~~ll 11~CS. ~Ull.~ k?~ 1 P3 CC. G,\ 6,_ .v/ Two copies of this application must be sent to all applicabte munici~alitieS and boroughs. _P See instructions for mandato attachments. ~, ~! 1~ I qr1 Form 04-071 Application Front Webform (Rev 09/05) Page 1 ry ? LUr''i ~. 2006 Amended Gaming Permit Application ww ~.,~ ~ ~~~N~~,~,.y ,~ ..., ^ Bingo ^ Dog Musher's Contest ^ Race Classic ^ Animal Classic (Chicken) ^ RafFles ^ Fish Derbies ^ Rain Classic ^ Calcutta Pool ° Pull-Tabs ^ Goose Classic ^ Salmon Classic ^ Crane Classic Contest of Skill ^ Ice Classic ^ Snow Machine Classic ^ Canned Salmon Classic Deep Freeze Classic ^ ^ King Salmon Classic Mercury Classic ^ ^ Special Draw Raffle ° Animal Classic (Rat Race ) ° See Instructions ACTIVITIES CONDUCTED BY ORGANIZATION Facility Name Physical Address Game Type(s) Is New Facility Add ~' ~~~ ~ ^ Owned ^ Delete ~t d ( ~~ l,S-~~~ ~ L~~i%~l ,-~~(~G~~.Q~~ ^ Donated ^ Add ^ Owned ^ Leased ^ Delete ^ Donated ^ Add ^ Ownetl ^ Leasetl ^ Delete ^ Donated ^ Adtl ^ Owned ^ Leasetl ^ Delete ^ Donated NEW MANAGER OF GAMES. As defined in 15 AAC 160.995 and 15 AAC 160.365. (If you have requesletl sett-directetl permits for bingo or Dull-tabs above. you must aoooini a manager and comofete the information below.' Managers First Name M.I. Manager's Last Name Social Security Number Day[ime Telephone Number Home Mailing Address City Slate Zip Code Has the Manager of Games taken and passed the test? ^Yes ^NO Effective Date of Change Permit number under which the test was taken: CHANGE OF VENDOR. (Pull-tabs are Ne onN Dames a vendor can conduct.) Vendor registration and lee must be attached. Name of Ventlor Physical Address rl Add ^ Delete ^ Add ^ Delete ^ Add ^ Delete ^ Adtl ^ Delete ^ Add ^ Delete CHANGE OF OPERATOR Name of Operator Physical Address Game Type(s) Op. Lic. A ^ Add ^ Delete CHANGE OF MULTIPLE-BENEFICIARY PERMITTEE Name of MBP Physical Adtlress Game Type(s) MBP Permit # ^ Atltl ® Delete DEDICATION OF NET PROCEEDS. The organization must use the net proceeds from gaming activities for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific roles.) In the space provideq tell how your organization will use the net proceeds from gaming activities. (ee specific.) Form 04-071 Webform (Rev 09/05) Back Ih.~o-1~ ~^~ ~ ~. Y `mil ~ i [ Q 1l , ~, , ,J ~. _. ~ •~ ..d Past issues of Resource Review (1978-2006) are available a/ wwwakrdc.org/newsletfers/ _. ~ ~ 7 ~ 3 ... 3 . ''a. .y 1. _-a > ~ ~ 7 ~ 3 Y 3 3 3 he Resource Development Council's (RDC) scacewide Board of Directors is working diligently to formu- late the organization's position on the gas pipeline contract negotiated between the State of Alaska and the North Slope producers - BP, ConocoPhillips, and ExxonMobil. RDC bas engaged in a number of meer ings and work sessions with additional activities scheduled in the weeks ahead. The Board hopes to finalize its position by July 24, the close of the extended pub- liccomment period. At work sessions in Mav and June, the Board received a detailed sectional anal~- sis of the contract from the administra- tion and the producers, and also met with key legislators and former Department of Natural Resources employees - Commissioner Tom Irwin, Deputy Commissioner Marty Rutherford and Oil and Gas Director Mark b4vers. The Board also heard from affected RDC members, independent oil and gas companies and a Ioca1 utility. Other di- rectly impacted RDC members, includ- ing local communities, continue to participate. RDC's Board encompasses all of RDC TAKES CLOSE LOOK AT CONTRACT (Continued to Page w/ Gas Pipeline 1,9-3 Oil Production Tax 3 Ballot Measure2 6 Pebble Project 7.g RDC Annual Meeting 8-9 Cruise Ship 6nitiative 10 ROG News Digest 31 Resouece Developmen4 Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 Phone: (907276-0700 Fax: (907( 276-3887 E-mail: resources@akrdc.org Website: www.akrdc.org Executive Gommi44ee Officers President )ohn Shively Sr. Vice President Rick Rogers Vice President Wendy Lindskooq Secretary Tom Maloney Treasurer Stephanie Madsen Resource Review is the official periodic publication of the Resource Development Council (flDCI, Alaska's largest privately funded nonprofit economic development organization working to develop Alaska's natural resources in a responsible manner and to create abroad-based, diversified economy while oroteding and enhancing the environment. Staff Material in this publication may be reprinted withoutpermtssion provided Executive Director Tadd Owens appropriate credit is given. Depufy Director Carl Portman Writer 8 Editor Carl Portman Projects Coordinator/AMEREF E.D. Jason Brune Finance/Membership Deantha Crockett Page 2 July 2006 Resource Review www.akrdc.org EXERCISE CAUTION IN CRAFTING PPT, ROBUST OIL AND GAS INDUSTRY KEY TO ALASKA'S ECONOMIC HEALTH Beginning July 12, during this summer's second special session, the Alaska Legislature will have another opportunity to dramatically overhaul the state's oil severance tax system by finally striking a compromise on Governor Murkowski's petroleum production tax (PPT) proposal. Those who have followed PPT since the governor's original bills were intro- duced on March 22 Imow it is a politically controversial and technically complicated issue. How it is resolved will be ~riticai to~the future of Alaska's oil and gas industry. The Legisiature and the public have been inundated with numbers -base tax rates, tax credits and deductions, cost ~iefinicions, progressivity factors and price and revenue fore- casts to name a few. And they have heard from various independent consultants and a host of directly impacted stake- holders. Access to all that information and opportunity for months of debate has not, however, resulted in a bill accept- ... able to a majority of legislators. Rather it has generated alemate and allowed election-year politics to creep into play. RDC recognizes the need to restructure the ELF system. However, we find the direction the Legislature is heading with PPT extremely problematic. We are very concerned the base tax rate remains coo high. In addition to the base race, the Legislature seems intent on enacting a number of other troubling provisicns. The Legislature's refusal to view Alaska's severance tax as one of a number of revenue streams from oil and gas produc- tion has contributed to the deadlock. While the production tax is significant, it makes up only a traction of the total revenue the state receives from the industry. In fiscal year 1005, the industry generated $2.8 billion in unrestricted revenue to the state's general fund. The production tax equaled $860 million. The remaining dollars came from royalties (including bonuses and interest), corporate income tax and property tax. Despite the state being awash in cash, many legislators have advocated for a series of provisions designed to turn the gov- ernor's 20/20 compromise with industry into a tax system des- tined to have significant negative impacts on future investment. Legislators have proposed a retroactive effective date for the tax, considered establishing a tax floor and even argued for increasingly onerous progressivity provisions. All under the guise of "maximizing" benefits for Alaskans. Of course, none of these provisions make sense when the ?T is viewed together with income from royalties, property pax and corporate income tax. A retroactive effective date is intended co be punitive to the industry, plain and simple. Even under the current, out-dated severance tax system the state generated more than $1 billion in surplus revenue for the current fiscal year. The main - ` - ° ° argument for retroactivity ~ - appears to be the need to pay for this year's gargantuan capi- tal budget. If that is indeed the ~ ` case, the business community has truly failed in its efforts to promote fiscal stability. A tax floor is absoluteh~ counter to one of the main prem- ises of a net profits tax -the idea of shared risk. Industry is willing to share profits when prices are high knowing the state has shared in the risk of eso(oring for and producing oil by providing tax credits for investments. It is an appropriate balance especially given the state will continue to be buoyed by revenue from corporate income taxes and royalties whe^ prices are low. What has become known as "progressivity" is nothing more than a windfall profits tax. A net profits tax such as the governor's original proposal is, by definition, progressive. As profits increase so does the state's share of the revenue generated from a healthy industry. A windfall profits tax will cap the upside for industry in Alaska and depress future investment leading to less revenue for the state. If any or all of these provisions are included in a new sever- ............. ~.,.,,.,. ,they will work agairs. the stated gc^Is cf growing the industry and its corresponding revenues to the state. The Legislature will have made a clear choice in favor of short-term state revenue over long-term investment and private sector economic growth. RDC has argued from the beginning for the lowest possible tax rate. The governor's 2G percent proposal was a doubling of the effective severance tax raze - a historic increase. Although our industry members reluctantly accepted the 20/20 compromise, they stated very clearly that it would have a negative affect on investment versus the status quo. Coupled with federal taxes and other state taxes and royalties, a 20/20 PPT results in a total government take of nearly 60 percent - the highest rate in North America. RDC believes the Legislature should create a production tax system as easy to understand and administer as possible. We support a system thac gives Alaska a competi[ive advantage for capital investment and we support a conservative system chat errs on the side of long-term production, not short-term tax revenue. The key to Alaska's long term economic and fiscal health is a robus[ oil and gas industry. Don't begrudge the industry for being profitable, but rather celebrate our shared good forcune. Profits equate co new investment, jobs and business contracts for Alaskans and a healthy state revenue stream. !907) 276-0700 July 2006 Resource Review Page 3 (Continued from Page 1/ Alaska's basic industries, in- cluding oil and gas, mining, fishing, timber and tourism. The Board also includes major construction compa- nies, labor organizations, Native corporations, local communities and a wide vari- ety of supports firms. "In many respects, the RDC Board is a microcosm of the state and as such we're viewing the contract from a variety of perspectives," said RDC Executive Director Tadd Owens. "The Board is working to identify and ana- lyze issues of importance to the membership in order to develop a well-reasoned RDC position on the con- tract. The importance of a gas pipeline project to the fu- ture of Alaska cannot be overstated. The Board is making sure RDC partici- pates responsibly in the pub- lic process." In extending the public comment period on the con- tract to 75 days, Governor Murkowski said, "It is clear that many members of the public still have questions or still need explanations re- garding the contract." Under the Stranded Gas Development Act, the ad- ministration is authorized to negotiate tax and other state Terms should the producers decide to build a 2,100-mile pipeline from the North Slope to Alberta or all the way to Chicago (3,600 miles). "We have done that part of the job," Murkowski said. "It is now up to the Legislature to give its approval." The governor acknow- ledged the public and legisla- tors have identified several areas of the contract that need revision, or better ex- planations. "Those that need it will be renegotiated with the producers," Murkowski said. Murkowski gave as exam- ^w~s ®aw•®w pies the provision to lock in oil tax rates for the term of the contract, the decision to take the state's royalty and taxes in-kind (in the form of gas) and the 20 percent state ownership interest in the pipeline. The administration has been pitching the contract during public meetings throughout the state and de- fending the provisions that are aimed at offsetting some of the huge risks to the pro- ducers. The producers insist the tax provisions are an impor- tant part of the overall pack- age and that at the end of the day investors need to know what the rules are before planning, financing and building a project with this magnitude of risk. They and the administration also con- sider the state's 20 percent equity position in the projece, as well as taking its royalty gas in kind, as core compo- nents of the contract that en- able the project to move forward. The cost of the pipeline is estimated at $19 billion to $27 billion, one of the largest construction projects ever planned. If built, it could bring Alaska thousands of jobs and more than $100 billion in revenue during the ' next 35 years, as well as ex-' tend the life of the oil pipeline for an additional 20 years, netting the state bil- lions of dollars in additional tax and royalty revenue. With the 460-page con- tract, the administration has gone further than any other toward making the long- deferred project a reality. The administration views the contract as a mechanism that will finally help bring the pipeline project to life. However, legislative consult- ants and others have expressed __ PmtlM1a<bay Gst Ownnrt i Prudhoe Baygas ownership, excluding PL Thompson, is shown above: fxxonMobil, 36.J9%fonocoPhillips, 36.07%; BP, 26.36%; State ofAlaska, 125%; other, 2%. concerns about a number of provi- sions contained within the con- tract. Specific con- cerns expressed by critics include the lack of a firm:' start date for con-' struction, the ab- sence of a project labor agreement, Page 4 luly 2006 Resource Review www.akrd[.org /!nw Drawr^raur• Dvw Drur®www 1 -.. -..a-~~a..~ ~~ ~ ~ ~~~J J!i~.. APPROVED BY AK LEGISLATURE CONTRACT E%ECUTED PROJECT PLANNING BEGIN OPEN ;SEASON PROCESSI FIELD DATA COLLECTION PERMITTING WORK PREUMINARY ENGINEERING ENVIRONMENTAL STUDIES PUSUC INVOLVEMENT SANCTION PROJECT COMPLETE OPEN SEASON SUBMIT FlNAL FERC/NEB APPLICAflONS PERMITTING WORK COMPLETE DESIGN OROER STEEL "~ CONS'mUCTION ~ CONSTRUCTION INSTALL FACILITIES FIRST GAS industry payments to local governments in lieu of taxes, and access and capacity pro- visions should new explorers discover additional gas. Others say the contract con- tains too many ways for the producers to delay or back out of the project. The administration contin- ues to stress the importance of considering the balance of the proposal as a whole rather than targeting individ- ual contract elements. Proponents of the contract point out a gas pipeline has been a dream of Alaska since the 1970s and they believe this contract is the most vi- able means of transforming chat dream into reality. They warn if Alaskans insist on etting everything they de- and from the contract, the 'state runs the risk of getting nothing at all - no pipeline and corresponding jobs, lost private sector business op- portunities, no gas for in- state use, and no long-term revenues associated with a new gas industry. State lawmakers must ap- prove the contract before it can be signed by the gover- nor and the producers. Due to terms of the contract, they must also hammer out an agreement on the oil produc- tion tax revision and change the state's narural gas devel- opment act to address statu- tory issues. They failed to do either during a 30-day special session this spring, however, the governor has announced a second special session will begin July 12. The contract does not guarantee construction of the pipeline nor does it set a timeline for development be- cause there are a number of variables that can affect the project's economics and the starting date of construction. For instance, once the project is engineered, designed and permitted, substantial cost overruns could make it un- economic. The nroiect could also be endangered if gas prices re- turn to historically tow lev- els. Moreover, the rigorous and time-consuming permit- ting process and Canadian regulatory authorizations combine to make an absolute starting date for construction highly uncertain at this stage. Once the final contract is approved, the companies would have 90 days to begin the planning phase, followed by engineering and permit- ting activities. Planning, engi- neering and permitting the project will cost the companies about $1 billion. The state's most optimistic timeline shows that consxruc- tionwouldn't start for at least five years and that gas would not reach Lower 48 markets until midway through the next decade. Once the "open season" (the period where shipping commitments are made) is rnnrhJd arh a company C~.: not back out of the project. If it does, it faces losing its oil and gas leases under the con- tract's nonperformance pro- visions. While there are no short- ages of opinions on the draft contract, both proponents and critics agree that a pipeline would bring tremen- dous economic benefits to Alaska and is the key to es- tablishing along-term gas in- dustry in the state. The challenge is achieving resolu- tion on a contract that ulti- mately transforms Alaska's 30-year pipe dream into reality. For copies of the contract and other gas pipeline related documents, please visit: www. gaspipeline.alaska.gov. (9071 276-0700 )uly 2006 Resource Review Page 5 Ripple effects of Ballot Measure 2 would be felt throughout the travel industry, which generated over 82 billion in spending last year. There are more than 2,000 Alaska businesses, from small eco-tourism opera- tions Po large hotels, that provide goods and services to visitors. Even a 1 percent reduction in the number of visitors would mean the loss of820 million from the economy and the foss of over 250 jobs. By Carol Fraser, Aspen Hotels RDC Executive Committee member Ballot Measure 2, which would levy additional taxes and regulations on the tourism industry, will go before voters in the August 22 Primary Election. RDC's leadership and members have been working with Alaskans Protecting Our Economy (APOE), the coalition organized to educate the public on the negative economic impacts oftheinitiarive. Hundreds of individuals and busi- nesses, along with industry and business groups, have joined this coalition to help defeat Ballot Measure 2 by sending in resolutions of opposition. Measure 2 has nine pages of complex and confusing provisions -new taxes, a new vessel permitting system, new state employees on every vessel, duplicative water and environmental sampling pro- grams, citizen suit provisions, and more. It will likely result in numerous, unin- tended consequences negatively effect- ing local businesses. Tourism is a growing industry and is Alaska's fourth largese employer. Ballot Measure 2 will not only directly hurt tourism businesses, but it will also hurt The Seryicec and in{ragrn~en~re b,~ci_ nesses that support the industry. With more than 26,000 local jobs provided by tourism, contributing tens of millions of dollars to Alaska's economy, there is a lot at stake. Measure 2 would increase costs, dis- courage tourism and reduce spending at local businesses. It mandates four addi- tional new taxes, including a statewide head tax of $SO per person, $100 per couple, and $200 for an average family of four. Visitors have many options world- wide. Many are on a budget for what they consider the trip of a lifetime. Since most are not wealthy, ticket prices do matter. Together with extra fuel costs, visitors already pay millions of dollars in taxes and fees on plane tickets, hotels, hotel bed taxes, restaurants, tours, shop- ping, and sales taxes in certain commu- nities. Imposing more taxes and fees on top of all the other additiona! travel costs will keep visitors away and further depress sending in local communities. Measure .has another alarming new requirement that forces the disclosure of confidential business pricing informa- tion about Alaska's local small busi- nesses. This is particularly disappointing since no other business in Alaska is required to publicly disclose pricing strategies in any setting. These disclosures could reduce the amount of eours and excursions taken by visitors, hurting Alaska-based businesses the most. The citizen suit provision in Measure 2 could pose a significant threat to Alaska-based businesses, as well. The measure creates opportunities for frivo- lous and predatory lawsuits by allowing lawyers to file suit and collect up to 50% of any fines collected. This is an open in- vitation to lawyers from across the country to file suit in Alaska. RDC's members are all too familiar with how Alaska's timber industry has- been decimated by frivolous, predatory. and unnecessary lawsuits, costing thou- sands of timber jobs. Measure 2 pro- vides the same lethal medicine to tourism workers. RDC opposes Measure 2 because of the pot: nral harm it will do w Alaska's economy. Here are a few things you can do to ensure we defeat Measure 2: • Discuss the measure with your friends, co-workers, and employees. Explain its negative affects on Iota( busi- ness and encourage people to vote "No.' • Encourage your employees who are residents of the state to register to vote. If they are already registered and work- ing away from their polling location, en- courage them to request an Absentee Ballot. • Set aside time on Election Day to voce. Provide the opportunity for your employees to vote. If they are interested, offer to provide transportation to and from their polling location, Make sure you set aside time outsSde of breaks and ;' their lunch period for them to vote. For more information about Measure 2's impacts or to join efforts by signing a resolution of opposition visit: www. p rotectou recono mv. co m. Page 5 luiy 2006 Resource Review www.akrdc.org ~_ ,' r a ~ ,.~ ..® ancing Community Values And Economic Opportunities A consortium of Large mine operators is likely to emerge later this year to permit, con- sxruct and operate the big Pebble copper-gold-molvb- denum project in Southwest Alaska. That's the goal of Robert Dickinson, Chairman of the Hunter Dickinson Group, which operates Northern Dynasty Mines, the company pursuing development of the Pebble deposit, the largest ac- cumulation of copper and gold in North America. "Consortiums are a n pical structure for most large mine developments and generally include large mine operators and smelter groups," Dickinson said. "Discussions "`re well underway with the orld's senior mining com- e "ponies and I fully expect we will achieve our consortium goal before the end of this year." Dickinson joined Mayor Glen Alsworth of the Lake and Peninsula Borough and Jason Metrokin, Vice President of Shareholder and Corporate Relations at Bristol Bav Native Corporation, in speaking be- fore more than 500 people at- tending RDC's 31st Annual Meeting in Anchorage June 13. Both Alsworth and Metrokin said it is too early to judge the controversial project and they each empha- sized their decisions to sup- port or oppose the mine will be based on fact, not rhetoric or speculation. Many consider Pebble a ,world-class opportunity for Alaska, representing billions of dollars of investment and thousands of well-paying Robert Dickinson noted, "Discovery of Pebble East has given us the opportunity to consider different mine plans far the project"/axon Metrokin said, "It would be irresponsible of us (Bristol Bay Native Corporation) to indicate support or op- position for a project that is not yei defined."Mayor Glen Alsworth said, "When l make a decision, it will be based on fact." jobs for as long as 50 years. The project would also bring much needed economic and infrastructure development to rural Alaska. O[hers, however, have voiced concerns about poten- tial environmental impacts of a large mine on the region's commercial and sport fishing industries and local subsis- tence activities. The project is in its early days. Environmental, social and geological studies are on- going, and the lengthy per- mitting process of the project is not expected to begin until 2008 at xhe earliest. Pebble is located on state land within the Lake and Peninsula Borough, about 230 miles southwest of Anchorage. Initially the Pebble West deposit was thought to contain about one billion tons of moderate to low copper grades, Dickinson said. Following extensive drilling programs, the first major breakthrough for Northern Dynasty came in 2003 and 2004. "Not only did the Pebble West deposit grow fourfold, we discovered more than 500 millions tons of higher grade starter ore to enable early payback of the construction capital for a large mine," Dickinson said. After Northern Dynasty started feasibility studies for ar, opcr, pit mine, Dickinsor, explained, "Late in 2005, we hit the home run when our exploration drilling discov- ered the new, higher-grade Pebble East deposix." Pebbie West is a 4.1 billion ton open pit style deposit and Pebble East is a 1.8 billion con un- derground style deposit which is still open to expan- sion. Dickinson said project fea- sibilitvstudies and permit ap- plications for an open pit mine are now being deferred while the new, underground- style, Pebble East deposit is fully delineated. "Discovery of Pebble East has given us the opportunity to consider different mine plans for the project," Dickinson said. By the end of this year, Northern Dynasty will have invesxed more than $lll mil- lion dollars advancing Pebble. Over one third of the expenditures are on extensive environmental and socioeco- nomic baseline studies. "These studies will enable Northern Dynasty to design the very best mine project to eventually propose to the Photos byludy Patrick state's permitting process," Dickinson said. Dickinson also reported that a deep sea port site has been selected on Cook Inlet and an 88-mile road from the port has been surveyed. He said power for the project will be delivered via a 41-mile submarine cable hook up to the Alaska electrical trans- mission grid near Homer, followed by a standard over- head transmission line to the site. Incorporated into the mine's energy plans is power distribution to local commu- nities in the region. Dickinson said the growing global demand for copper bodes well for Pebble. "Analyse are currently predicting that by 2016 the world will require 26 new Pebble deposits to fill the void between copper con- sumption and copper sup- ply," Dickinson said. "Here in the U.S., producxion of copper is falling due to the exhausting of majoe open pie copper mines in Arizona, New Mexico and Utah. The inability by the U.S. to fully supply internal demand has lead to a growing need to im- port substantial amounts of copper." (Continued to page 8/ (907} 276-0700 )uly 2006 Resource Review Paqe 7 Above, members of the RDC statewide Board of Directors gather on the jade stair- case ofthe Sheraton Anchorage Hotel Following the 3I sf Annual Meeting New mem- bers elected to the 2006-07 Board were Ella Ede. Northern Dynasty Mines, Inc.: Kip Knudson, Tesoro Alaska Petroleum Company; Karen Matthias, Canadian Consulate; Lance MBler, /uneau Economic Development Councih /udy Patrick, Judy Patrick Photography and Cam Toohey, Shell Exploration and Production Company. (Photos by/udy Patrick) (Continued from page 7/ Both Metrokin and Alsworth struck a neutral tone in their com- ments about [he project, noting [hat while the economv in Southwest Alaska is in need of economic diversification, historically commercial fishing is the economy's mainstay and subsistence is the heart and soul of the region. While Pebble is not on Bristol Bay Native Corporation land, Metrokin said it is monitoring the project while evaluating both opportunities and risks. "It would be irresponsible of us to indicate suppor[ or opposition for a project chat is not yet defined," Metrokin said. `We will cake a position when the time is right. We will participate in the process shouldit move ahead. We will represent our shareholders, and make our decisions from a position of sound scien[ific knowledge." Metrokin noted there are a number of resource developmem opportunities in the region. Most of the projects are for hard rock minerals, but exploration for hydrocarbons is also being considered south of [he region. He said total expenditures on these projects will approach $50 million in 2006 with much of it staying in the region. "There have already been many benefits of the exploration activ- ity," Metrokin said, ranging From major donations to training and scholarship programs to new business opportuni[ies and employ- ment of local residents. "Even if no mines or gas fields are developed, our people have RDCs current slate of officers were aN re-elected to an additional term. Pictured above are Executive Director Tadd Owens, Treasurer Stephani' Madsen, Senior Vice President Rick Rogers, Secretary Tom Malone,. President John Shively and Vice President Wendy Lindskoog Shively was elected to his fourth consecutive term as President. gained skills thev can use to obtain employment elsewhere," Metrokin said. "1'he skills they have learned arc exportable." He also pointed out that with all the attention to the region's lands, nmch has been learned about the area's geology, biology, sociology and geographv. "We should all hold ourselves accountable - as Alaskans and Bristol Bay residents - to become educaced on this project's potential beneti[s and risks, so that we can make informed decisions at the right time,° Metrokin said. Alsworth struck a similar tone, emphasizing it is premature to judge the project before it has been engineered, designed and routed through the state and federal environmemal and permitting process. "When I make a decision, it will be based on facts," Alsworth said. He said the borough would not support the mine if the facts ul[i- mately indicate unavoidable, significant impacts to fish, wildlife and the environment. Dickinson expressed confidence that the rigorous permitting process will conclude the project can be developed in an environ-. mentally-sensitive manner and he said Northern Dynasty is working. hard to be a good neighbor "I believe Pebble provides the opportunity to create one of Alaska's most importane sustainable developments, potentially 5G years or more, while at the same time it is of strategic importance to America." Page 8 July 2006 flesource Review www.akrdc.org 31st annivepprsary of the formation of the Resaurce Development Council for Alaska, Inc. 0~.` V~lO/14010 C -- -------- AIC _ ~ _______-__-._-_- __.__ Anadarko Petroleum Corporation ~p~ ^n~ g Barrick Gold Corporation - V V O/?OOY4 Kakivik Asset Mana ement Key Bank Donlin Creek )V Aero-Metric, Inc. gp Agrium, Inc. Koncor Forest Products Bradley Reid & Associates ~ Alaska Airlines L ndenrs Local 347 ' Alaska Industrial Development y CarlileTransportation Systems -& ExportAuthority Marathon Oil Company Chevron Corporation ,.,~ Alaska Railroad Corpoeation Mikunda Cottrell & Company C®EUR Alaska~lnc Kensington Alaska USA Federal Credit Union Nabors Alaska Drilling Gold Mtne -r~-- _ '- ~~ ~Alyeska Pipeline Service Co. Nome joint Utilities Cook Inlet Region, InC. **~. Anchorage Sand & Gravel The Palmer Group ConocoPhillips Alaska, Ina ~~~ Arctic Slope Regional Corporation Peak Oilfield Service Company Doyon Family of Companies ~ P.SRC Energy/ Se^•ices PenAir r.~ Af•Sea Processors Association Peratrovich, Nottingham & Drage ExxonMobil Flint Hills Resources, Inc. _ Calista Corporation Peekins Coie LLP ~,~,,; Colville logistics, LLC Petrotechnical Resources of Alaska GCI ° . "~"CH2M Hill Pioneer Natural Resources Alaska Holland Ameetca Lme ~" ' ~ Chugach Alaska Corporation Princess Cruises Kennecott Greens Creek Mine Chugach Electric Association Royal Caribbean Cruises ,Krewit Companies ~ ~E ,_ , ,,; Dowland Bach Corporation Sealaska Corporation Konia~ InC ~ DRven Corporation Shaw Alaska ~ ~' ~~;, r~., E Sheraton Anchors a Hotel ;AIANA Development ~ vergreen Helicopters of Alaska g ~ ~ ~'~ ~ Southeast Stevedorin CorporationlTeck Cominco Fairbanks Gold Mining/Kinross Gold g Northern Dynasty Mmes, Inc Fairweather STEELFAB "'~" ° ~ "' "'~""'~" ~ "" First National Bank Alaska Teamsters Loca1959 Northrim Bank„ ~ ,~ TeckPo o Inc. Shell Exploration & Production F _ Golder Associates, Inc g r $ ~ Grea4 Northwest, Inc. Tesoro Alaska Petroleum Co. Company ~ , ,~~~ , $ "Harbor Enterpeises, Inc./ Totem Ocean frailer Express, Inc. Udelhoven Oilfield System ,~.. TransCanada ~,,;.~, ,~,~,~~„ ~, ~, ~ ~ Petro Marine Services Services '~~tt ~ ~ Hartig, Rhodes, Hoge & Lekisch, PC Ukpeagvik Inupiat Corporation deco Alaska, InC ' ;Hawk Consultants LLC Usibelli Coal Mine Wells Fargo Alaska *?'~=~ ~" ^~ H.C. Price Company Wilder Construction Company Westward Seafoods Ludy Patrick Photography Wyndham Publications _. ._ ,~~~ (9071 276-0700 July 2006 Resource Review Paqe 9 Insincere appreciation to all Gold and Silver sponsors, as well as all of our members on the On page six of this month's Resource Review there is a piece by Carol Fraser of Aspen Hotels that discusses in some detail the reasons for voting against Ballot Measure 2, which is a nine-page voter initiative designed to punish the cruise industry in Alaska. [ am not going to repeat the arguments that Carol makes so well as ro why the ballot measure is a particularly onerous piece of work. What I do want to address is why this initia- tive has caused concern throughout the tourism senor and may well have implications for other industries truing to build Alaska's economy. In mam~ ways the cruise industry is the feedstock for much of what goes on in tourism in Alaska. Cruise ships bring about half of the visitors to Alaska each year. In doing so, the industry helps teed hundreds of Alaska businesses, large and small. On the large side of things, the industry provides tens of thousands of passengers for the airlines. In the summer, it helps fill the hotel rooms in Anchorage, Denali, and Fairbanks. However, the industry also feeds the smaller operators. The list of Alaska businesses that have grown up to serve cruise ship passengers is practical)}' endless. River boat rides, ~,... rafting, kayaking, guided hikes, canopy walks in our forests, sport fishing, flight seeing in fixed-wing aircraft and helicop- ters, salmon bakes, whale watch- ing, sport fishing, a tramway, .orseback rides, and a narrow gage railway, are just some of the Alaskan businesses chat have sprung up to serve the people cruise ships bring here. Then there are the numerous restaurants, bars, coffee shops and souvenir emporiums that benefit from the cruise ship traffic. Chris Anderson, the owner of Orso and the Glacier Brewhouse in Anchorage, has stated on numerous occasions that, if i[ mere not for the summer visitor business, his restau- rants would not be here in the winter. Our visitors help support institutions such as the Seward Sea Life center, the Anchorage Museum of History and Art, Sitka's Raptor Recovery Center, and the Alaska Native Heritage Center, places residents can visit year round. The cruise industry brings tens of thousands of visitors to Alaska's national parks each year and helps pay for the costs of oper- ating some of chose parks. It has worked with the National Park Service to develop new interpretive programs for our visitors. his also a major source of revenue for the state's Totem But Park. Lee's take a look ar taxes. In Anchorage alone, cruise ship passengers provide over 70,000 bed nights a year to the hotels in the city. The bed taxes paid on these bed nights will make a substantial contribution toward the building of Anchorage's new convention center. The Denali Borough was formed around the property tax base from the hotels and other tourist facilities that serve vis- itors to Denali National Park. In communities such as Juneau and Ketchikan businesses are growing and constructing new buildings, further adding to the local tax base so that these communities can fund education, police protection and other services for their citizens. In addition, our visitors leave be- hind millions of dollars itl sales tas to help support those communities that have such a tax. Another way the cruise industry helps feed the Alaska economy is through our aggressive marketing programs. As an industry, it spends about $70 million a year to encourage people to visit Alaska. This effort is considerably more'' than the state puts into its tourism marketing arm, the Alaska Travel Industry Association (ATIA). However, as part of our partner- ship with Alaska's tourism busi- nesses, we contribute about $2 million a year to RTIA's program, a significant boost to its budget. Another example of how the cruise industry acts as the feed- stock for tourism in Alaska is by giving thousands of people their first taste of Alaska. Obviously there are many spectacular places in Alaska that can not be visited by a cruise ship. However, the cruise passenger can get a good idea of what we have to offer for future visits. A survey conducted by ATIA a few years ago found that 27% of return visitors first came to Alaska on a cruise. It should be no surprise co anyone that Alaska businesses, large and small, have lined up to oppose Ballot Measure 2, as have organizations such as RDC. They recognize the symbi- otic relationship between the cruise industry and Alaska's economic well being. They know that the punishment in- tended for the cruise industry by those who promoted Ballot Measure 2 will be felt by hundreds of Alaska businesses. So take Carol Fraser's advice. Vote "no" on Ballot measure 2 and help educate your friends, neighbors and co-workers as to why they should do likewise. fditofs Nofe: /ohn Shively is Vice President, Government and Community Affairs, Holland America Line. Paqe 10 July 2006 Resource Review www.akrde.oeg ;COPING PROCESS BEGINS ON CHUITNA COAL The Environmental Protection Agency has opened the scoping process for the proposed Chuima Coal Project 4S miles west of Anchorage.'1'he public comment period closes July 24. The scoping phase is part of the EPA's process in preparing a Supplemental Environmental Impact Statemen[ (SEIS) to evaluate the potemial impacts of the proposed project, a surface coal mine and export development in the Beluga coal fields. The project is based on the development of a one billion ton, ultra low sulfur, sub- bimminous coal resource, the center of which is 12 miles from the coast of Cook Inlet. The project area is largely undeveloped, except for a system of primitive roadways that remain from oil and gas ex- ploration and production, and logging activities. The proposed project includes a surface coal mine and support fa- cilities, anaccess road, a co an air strip facility, a lo- gistic center and coal cxpoa terminal The ex- port terminal would in- clude a 10,000-foot trestle built into Cook Inlet for the purpose of boding ocean-going ial transport ships. acRim Coal, the proj- ectdeveloper, predicts a minimum 25-year mine life based on proven reserves in one of three mining areas within the 20,571 acre lease area. A previous project design was evaluated in an Environmental Impact Statement (EiS) and pertt~ireed Sy cost state and federal reg- ulatory programs in the early 1990x, but the mine did not proceed to developmen[. There have been substantive changes in the project de- sign and in the regulatory requirements since the project went through the first permitting and EIS process, requiring a new stand- alone SEIS. The scoping document and the previous EIS is available on EPA's website at: www.epa.gov/rl0earth/water/htm. Comments should be sent to Hanh Shaw, Chuima Project Manager, EPA, 1200 Sixth Avenue, OWW-130, Seattle, WA 98101. Email: shaw.hanh@epa.gov. SUPREME COURT HANDS PLF ANOTHER VICTORY The U.S. Supreme Court handed the Pacific Legal Foundation (PLF) and its supporters its fifth win out of six cases in which the law firm has appeared before the court as Counsel of Record. In the ]atest case, the court ruled the U.S. Army Corps of Engineers does not have jurisdiction over every puddle or "dry ar- royos in the middle of the desert." Before it can claim jurisdiction, ~e court said the Corps has the burden of showing that the prop- ry activity it seeks to regulate will have a significant effect, not an insubstantial effect, on the nation's waters. The ruling is a significant blow to the agency which has taken a position in its own rules that if private fill activities °eould" possibly have some effect on the na- tion's waters, it has permitting jurisdiction. In one of the most important properm rights cases before the court this veer, PLF represented John Rapanos, who has stood up to federal regulators in an 18-year battle after he attempted to move sand on his property without a federal permit. The property is 20 miles from any waterway that could trigger kederal oversight. The law limits federal jurisdiction ro °navigable waterways" used for shipping and commerce and adjacent wetlands; inland wetlands are protected by state and local rules. MAGNUSON-STEVENS ACT PASSES SENATE, RDC RAISES CONCERN OVER POTENTIAL AMENDMENTS In a victory for Senator Ted Stevens, legislation reauthorizing the Magnuson-Stevens Act, which manages and regulates fisheries in the U.S. Economic Exclusion Zone, unanimously passed the Senate last month. "The Senate has now acted and [will work closely with the House to gee our bills resolved in conference and gee this importam legisla- tion to the Presiden[ for his signature," Stevens said. Stevens has worked hard Eor the passage of the progressive bill updating the na- tion's fisheries laws. RDC is concerned over potential amendments to the bill which would place limitations or restrictions on the ability of American corporations having Toreign ownership to participate in future fish- ery management programs. The amendments could emerge during conference committee deliberations. RDC said such an action would ignore the benefits foreign capi- ta( in the fisheries has generated to Alaska and its fishing-dependent communities. Without foreign investments, the onshore processing industry would not have been developed. Instead, the industry has become a pillar of [he state's economy, providing thousands of jobs and paying millions of dollars in taxes and fees co the state and local „_ overnmen[s. RDC also noted such limita[ions would create a tier of second- class companies by government fiat and put them at a competitive disadvantage. Amending federal (aw co discriminate againstforeign- owned firms is [he wrong message to send to Alaska's trading part- ners and investors, RDC argued. RDC noted restrictions on foreign investment in the fishing in- dustry would set a dangerous precedent for other capital-intensive, resource development activities, especially in Alaska. No other state relies on foreign investment more for economic development or is better positioned to at[ract and benefi[ from foreign inves[ment in the furore. In every major Alaska industry sector there is substantial foreign investment. AMEREF COAL CLASSIC RAISES NEARLY $20,000 FOR RESOURCE EDUCATION The 14th Annual Coal Classic Golf Tournament in support of AMEREF was held on June 7 at the Anchorage Golf Course. The sold out event raised nearly S2Q,000 for objective resource education in Alaska. A list of the many generous sponsors and pictures from the event may be found online at: www.ameref.org/coalclassic/ (907) 276-0700 July 2006 Resource Review Page 11 ~.~a: ~"_ _0s. e The Next Stage From Wells Fargo These days, saving time and money is what running a small business is ali about. And Wells Fargo has the solution. Desktop Decosic service is a unique antl convenient new way to make electronic deposits, improve cash flow and even 2celve deposit confirmation - right atyouc desks. iheres no software *e purchase, wthmg to i~staif and ~othing to maintain. And Desktop Deposit service -s available only through Wells Fargo. Call us today! Q2006 Weis Fargo Ban K. ~h,A All rights reserved. Member FDIC Growing Alaska Through Responsible Resource Development 121 W. fireweed, Suite 250, Anchorage, AK 99503 ADDRESS SERVICE REQUESTED PAT PORTER CITY OF KENAI 210 FIDALGO AVE STE 200 KENAI AK 99611-7750 ,::.,_, • End employee - or couriee - trips to and from the bank. • Deposit checks anytime, from any location with extended ledger credit deadlines. • Link deposits more efficiently to accounts receivable. • Eliminate the risk of transporting checks. • Access deposits, information and even check images via Wells Fargo's proprietary Commercial ElectronicO~ce® business portal (CEO®) Internet portal. • Take advantage of new CHECK 21 legislation. fall or visit yl~ur Wells Farg® Business Banker today! wellsfargo.com PRSRT STD U.S. POStage PAID Anchorage, AK Permit No. 377 llelulrlurlluraallnrlllurllnrlrlrl,llun,rllllnnlull -tl ~Z S S S$ S o S ~ S S g S g S S S. 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O a U rj m UZ, ZZ u. U ~ m U a N w W W i W h ~ _ ~ lIIJJ U iJ a. o ~~,{{,~~ fn ~ >N !i y a U N ~ z F I}w- i1 o Z }¢} LL ~ ~ r ~ N 4y ~ i aaU N ° o F_ -}ai {L ~ ~ y W Q~Q 6. }N LL C U ° ~ LL a' ~ 4 O N ~p Q C Wp 0 } U U Q }- Z l~ii ~Q=' ~o ~Z Z uO1 F U W (!I .j ~ ~ F- ~ 5 N ~ a a ,Q~ H ? W ~ ~ Q~a~ ~ Z T " O W d U ~ w W¢ Zq~ ~ J ~~ Z a Y U~ N U 2 Z~ Oyyy MAKE PACKET" a COUNCIL PAC ET DISTRIBUTION COUNCIL MEETING DATE: -J Ma or/Council d Attorne ~, Tn for/5 tin er/Kebschull g,a°' Clerk ,~,~-^ Cit Mann er ~.<~ Public Works Police De artment Finance ,~~' ~En inset ~~ Senior Center ter;- 'Air ort ,~ Kim r`"? Librar Parks & Recreation Clarion Fire De artment ~`~~' Schmidt ~" Mellish ~ VISTA ~~~`~ Student Re . / KSRM ~ e AGENDA DISTRIBUTION I Sewer Treatment Plant I I Streets I I Sho bock Building Maintenance Animal Control I Water/Sewer I I Counter DELIVER Council and Student Representative Pockets to Police Department Dispatch desk. The Clarion, KSRM, Mellish & Schmidt's Office will pick their packet up in my office. The portion of the agenda published by the Clarion should be emniled as soon as possible after Noon on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emniled to Denise at Peninsu/a C/anion (nt email folder Work Session/Special Meetings, or Composition in Contacts or Ibell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emniled to me and I hold them in my HTML file. Place them onto the city's website from there ns soon ns possible before leaving the office for the weekend. KENAI QTV COUNCLL CHAMBERS nxu~u~aene hlfn//wnw ci keno ak_us ITEM B: SCNEOULED PUBLIC COMMENTS (10 minutes) 1. Ma}ror Porter-Inuwiudicn of Guests/Russian Par EesGAlaska Cly Links Program Exdtanga. ITEM E: PUBLIC HEARMGS 1. Ordinance No. 2t66~2p06 - AmerMing KMC Lt5.1301o AliOw CounOL Members 1o Toleplronkally AUantl Up to Sk (ty AtltlNOnal COUndi MeeOnga Ouring 3 Twelv6 (12) MOnfh Pedvtl it the Member la Physically Unable to Atlentl Due fv 1he Neetl for Exlentletl Metlieal Cv9 antl Tmepnent o14he Member or fhe Member's Immediate Family. a. 9ubslltute 4 Ordinance No. 216830p6 -Amentling KMC f-15.13c to Allow Coun011 Members 10 TelephcnicaUy Atlentl Up to Six (e) Adtlihonal Counrl Meetings Outlng a TVralve (12) Month Period 11hs MenNer Is Physically linable f0 Atlentl Due IG lire Naetl 1vr EMndatl Mmdlcal Lyre antl l'reaMenf of the Member Orthe Menlbels pnmetllara Family. b. 6ubstilute 8, Ordinance No.2t66-2p06 ~-Amentling KMC 1-16.13010 Nlow Countll Mernbars to TplephvnlcWly Attend Up N 61x 161 Atltlitivnal Council Msefings During e TMr1y-5x (36) MonIM Petl0d if IDa M9mber Is Pby4oally Unable m AUand Duo Yo me Need for Eaiantletl Mescal Care end Traatrnant of Ute Member or Ne Menrbsr's fmmetllale f-am0y. 2. Ordinance No. 21]t-2006 - Incroasirrg Esflmaletl nevenues antl Appropriations by Sf 1,690,066 in the Runway 8elety Area Irnpmvmmenla vapltal Prolecf Rrntl- a. Subslllule Ordinance NO. 2t]1-2006 ~- Inceasing Esfimafetl Revenues antl Appropriations by $8,664,232 In the Runway Sa[ety Area ¢npmvarnenLS Gapi31 Prolacf FurcL 3. Ordinance No. 2tlD2pp6 -Atltling Local Amentlmenls !o fhe Inlematlonel8ullding Code, 2063 Etlllon (KMC 405015) antl the InRmalbna1855itlenllal Cotle, 2(103 E-0Ilfol'I, IKMC 632.Ot5)Hy In0luding a Prov[slon in Each Sfafing that DcAtling Permps Expire Two (2) Yeers Alter fb0 Dale OI lesuanoe Unlaes an Extension 1a Granfatl by lfre Bulltlio9911cveL d. Ortlinance No. 2ll3-2o0G -~ Amentling the Kenai Zoning Cotle at KMC'0.20.t50 !0 Preven[ the Same Or Substantially Similar Gonditfonel Uko Permit Appltoaliaro Fro:'n 0eioy CanslUereU by fie Plaeming aid Zovulg oommisson Moee Tfron Onoe n Arry NkrO Month Period 5. Ordinance No. 21]4-2006 ~- Amending KMC t2 20.030 by Better pebvibnq and Deflniog What COnstputes Prohlbitetl "Junk' antl °LIIfeC Under the Clly Cotle. 8. Resolution NO. 2p06~8-Tmnstorring $rg0001n fhe Oeneral Fund to Pvrcbase a Copier for 01a Pollee Dapatlmeot. ]. Resolution NO.200639-ApprOVlnya CGnfraotb QAP for the Project EnU11atl, "Kenai Municipal Alrpod Fluowey lnprovemerns: Salefy Areae, Pavement, & Lighting 200&200T' lOr the Tvta1 Amount of 4 9]],92000. 6. Resolution NO. 2006~t0-Designating DOpadmanf Assistant ll Jenilor Lackwaotl As Deputy Qty Clerk. 9. Resolution NO. 20p631-Rejecting All Ritls ter the Projoct E.ntliieq "Set Nat Drive Lip- 2006 -VIP DrNa Ic W a[argala Way." REM G: UNFINISHED BUSINESS 1. Approval-Assgnment of Lease, Lvl t, Block t, Gllsty 6ubtllvLSlan e. Assignment of Lease/EtlwaN A. Ferguson to Sun films b. Amentlmenf 10lmaselUpdating Ineorance Requlroment0, Use and Rent Escalatien Clause 2. Discussion-Bryan Lowe ROquasf 3. Discussion-Pmposatl Llbrery Expansion Sites U~dats ITEM H: NEW BUSINESS t. Blis bbe Ratfliml 2. Approval of Purchase Ortlers Exceetling $15,000 3. 'Ortllnante NO. 21]5-2006 ~- Increasing Eatirna[etl Revenues and Appmpriotlore by $6,2501n Ibe General Wntl for a Obrery GmnL d. •Ordinance NO. 21]6-2006-Increasing ESiimafetl Revenues antl Aooruorlaflcns bv51].i6],05 in the general Funtl for en glaska T2008- Increasing Estimated Revenuee and nerdl PuM tar Pcfca Traloing. -2006-~Fintling that Cerfaln Clfy-Ownetl Lantl, A, Park View SubtlivisiOn (Parcel No. ng of 2.092 Acres antl Shown an fire Aitached r a Public Propose. Ing fhe Dlty Manager l0 Exeoufo en Undorgmuntl ly-Ownetl Titlelantl antl UPlantls for Me Purposes EXECUTIVE SES910N - Ev } ailOO of Cily CtaM- REM N: ADJOU0.NMENT Tf~e pup4c Is invGmtl tv alYentl anU pdrtlapate. AddWvnal nivmfalion Is avallabla through the City CIeM's office at 210 Fldalgo Avenue, or vial! Our websle at tit :[/wlv;w lcv~h,- 0122/211