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2007-10-17 Council Packet
MAKE ,,PACKETS COUNCIL DISTRIBUTION I COUNCIL MEETING DATE: /a/, /,&7 ! Mayor/Council Attorne Ta for/S ringer Clerk CitX Manager V Kebschull/Carver Police De artment V Finance 7 Engineer Senior Center Air ort ✓ Kim Library ,% Parks & Recreation vl Clarion Fire De artment v1 Schmidt ✓ Mellish Student Re . >`t= " t/ KSRM 0 AGENDA DISTRIBUTION Sewer Treatment Plant Streets ShoE N Dock u Building Maintenance Animal Control Water/Sewer +l Counter DELIVER Council and Student Representative Packets 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 emailed as soon as possible on packet day. The camera-ready agenda c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at Peninsula Clarion (at email folder Work Session/Special Meetings, or Composition in Contacts or (bell@acsalaska.net). Home Page documents (agenda, resolutions, ordinances for public hearing, and ordinances for introduction) are usually emailed to me and I hold them in my HTML file. Place information (meeting e-packet and agenda, resolutions and ordinances for public hearing, etc. on the city's webpage as soon as possible before leaving the office for the weekend. COUNCIL MEETING OF: tohV,-1`d M S V HARDING I I I la __ _..— ELDRIDGE ROSS MOLLOY I'UK ILK RM m.I ROSS MOLLOY _- BOYLE Page of � �00 ''W �SWARNERi SMALLEYELDRIDGE HARDING �- A R ER SMALLEY _= I 13111, • M COUNCIL MEETING OF: flJ%/T 7 j6jTjTjAj0&4j4 j&*jjTjf.AjW����'I f I WEE r�rirtiT� Ij MEN :. � 'PORTER ��► Page 9 of 0 -------------- .' - •��_ SMALLEY DRIDGE ROSSMOLLOY SMALLEY DRIDGE ROSS MOLLOY -=� ., . l iSWARNER BOYLE PORTER �� I COUNCIL MEETING OF: it//-//oP7 ® - • - L EY - , E GE • • • ��® IPORTER���_ Iv Page -� of -5 SWARNER SMALLEY ELDRIDGE ROSS MOLLOY BOYLE M S V HARDING SWARNER SMALLEY ELDRIDGE ROSS MOLLOY BOYLE PORTER M $ V HARDING SWARNER SMALLEY ELDRIDGE ROSS MOLLOY BOYLE PORTER TESTIMONY SIGN -IN SHEET NAME ORGANIZATION RESIDENCE ADDRESS/ � IF PHONE NUMBER CITY RESIDENT r' _, f l...�{� „,f L.i�� ...."vNb4 1'•�.•``-�,•`5. 1`.� `^'lWt U ..�C'7 lA�GIf {'. L.Y ZA i^�UYnY qby i f d n a i AA l a -c h (cr n 2(a r��7-bi6s � AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 17, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us 91111111�a, 0j:797�h7 1. Pledge of Allegiance 2. Roll Call 3. CERTIFICATION OF ELECTION 4. ADMINISTER OATHS OF OFFICE 5. ELECTION OF VICE MAYOR 6. Agenda Approval 7. 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by $36,909.53 in the General Fund to Properly Account for In Kind Services Provided to the Soccer Park Capital Project Fund ............ 2. Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Public Safety Garage Capital Project Fund fora State Grant ................................................ 3. Ordinance No. 2257-2007 -- Increasing Estimated Revenues and Appropriations by $888,562.42 in the Municipal Roadway Paving Capital Project Fund for a State Grant ..................................... 4. Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by $592,541.34 in the Wildwood Drive Capital Project Fund for aState Grant .................................................. 1 3 0. r�� 5. Ordinance No. 2259-2007 -- Increasing Estimated Revenues and Appropriations by $1,150,139.22 in the Marathon Drive Capital Project Fund fora State Grant ................................................ 10 6. Ordinance No. 2260-2007 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited Storage of "Junk," "Garbage" and "Litter" Under the City Code ....................................... 12 7. Ordinance No. 2261-2007 -- Increasing Estimated Revenues and Appropriations by $12,658 in the General Fund to Pay for Training Ammunition, Small Tools and Improvements to Police Department Report Writing Stations ................................................ 16 8. Ordinance No. 2262-2007 -- Amending KMC 14.15.060(b) to Change the Height of House Numbers From Three Inches (3") in Height to Four Inches (4") to Provide Consistency With the International Fire Code .................. 18 9, Ordinance No. 2263-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Deferred Maintenance Items at the PRISM Facility ........................................ 20 10. Resolution No. 2007-59 --Approving a Contract to Hattenburg, Dilley & Linnell, LLC (HDL) for Engineering Design Services for the Project Entitled Marathon Road Improvements for the Not -To -Exceed Amount of $164,856.... 22 11. Resolution No. 2007-60 -- Approving a Contract to Wince-Corthell-Bryson for Engineering Design Services for the Project Entitled Wildwood Drive Improvements for the Not -To -Exceed Amount of $45,500................. 24 12. Resolution No. 2007-61 -- Awarding a Three Year Contract for the Operation and Management of the Kenai Recreation Center to the Boys & Girls Club of the Kenai Peninsula, Kenai Unit, in the Amount of $130,000 Per Annum, With an Option to Renew for Two Additional Years .......................... 26 13. Resolution No. 2007-62 -- Designating that Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and that a Portion of the Property in That Lot be Preserved as a Buffer ................................... 46 14. Resolution No. 2007-63 -- Authorizing Approval of a Provisional Certificate of Public Convenience and Necessity for Kenai Landing, Inc. ("KLI") for Public Water Utility Service ............................................. 49 ITEM F: MINUTES 1. *Regular Meeting of October 3, 2007................................. 51 ITEM G: UNFINISHED BUSINESS 1. Bills to be Ratified ............................................... 70 2. Approval of Purchase Orders Exceeding $15,000 ....................... 71 3. *Ordinance No. 2264-2007 -- Accepting a Grant From the State Division of Homeland Security and Emergency Management 2007 State Homeland Security Program in the Amount of $243,000.00 and Appropriating the Grant in the Kenai Emergency Operations Center Capital Project Fund ........... 72 4. *Ordinance No. 2265-2007 -- Increasing Estimated Revenues and Appropriations by $58,640.00 in the General Fund for a Grant From the State Division of Homeland Security and Emergency Management 2007 Law Enforcement Terrorism Prevention Program to Provide P25 Radio Consolette Upgrades to the City Communications (Dispatch) Center ................. 76 5. *Ordinance No. 2266-2007 -- Increasing Estimated Revenues and Appropriations by $21,250 in the Airport Fund and by $850,000 in the Runway Improvement Capital Project Fund for Capital Improvements........ 80 6. Approval -- Library Regulation Update/Inclusion of Unattended Children Policy........................................................ 82 7. Discussion/Approval -- City of Kenai/KCHS Ski Team Contract for Services.. 83 8. Discussion -- Assignment of Commission/Committee Liaisons ...... ...... 88 9. Discussion -- 2007 Dip Net Fishery Report ............................ 89 ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging. . 2. Airport Commission 3. Harbor Commission ............................................. 122 4. Library Commission ............................................. 125 5. Parks & Recreation Commission ................................... 129 6. Planning 8s Zoning Commission .................................... 134 7. Miscellaneous Commissions and Committees ..................................... a. Beautification Committee......... .. b. Alaska Municipal League Report ................................. c. Joint Kenai River Working Group ................................. d. Mini -Grant Steering Committee ................................. ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager .................................................. 144 2. City Attorney 3. City Clerk ..................................................... ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (Items listed below are legislation which will be addressed at a later date as noted and are not action items for this meeting.) Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7/ 18/07, Tabled, no time certain.) EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT INFORMATION ITEMS OCTOBER 17, 2007 Page No. 1. 10/ 17/2007 Purchase Orders Between $2,500 and $15,000 for council review. 161 2. 10/ 11/07 Kenai River Special Management Area Advisory Board meeting agenda and minutes of 9/ 13/07 meeting ............................. 162 3. 9/ 17/07 Senator Murkowski letter relating to Cook Inlet beluga whales being listed on the Endangered Species List ................................ 178 4. 9/24/07 G. Keith, DOT letter related to separated pathway along Kalifornsky Beach Road from Bridge Access to Cannery Road ....................... 180 5. 2007 Alaska Gaming Permit Application -- Alaska Aviation Heritage Museum.. 181 6. 10/ 11 /07 Council Member Molloy memorandum related to webcasting of council meetings ................................................ 183 7. 10/ 10/07 Anchorage Daily News article entitled, Alaska Crime Rates Higher Than U.S. Average ................................................ 186 OCTOBER 17, 2007 REGULAR COUNCIL MEETING REQUESTED AMENDMENTS TO AGENDA MOVE: Item H-7, Discussion/Approval -- City of Kenai/KCHS Ski Team Contract for Services to immediately before Public Hearings (after Item D). MOVE: Item E-13, Resolution No. 2007-62 to be heard immediately before Item E-1. ADD TO: Item E-12, Resolution No. 2007-61 -- Chart indicating Recreation Center/Teen Center Usage from 2004-2006. ADD TO: Item E-13, Resolution No. 2007-62 R. Koch memorandum with two proposed alternatives. 10/ 15/07 Richard Kelso email correspondence 10/ 17/07 Merri-Gary Duby email correspondence Map indicating buffers within the city. ADD TO: Item I-5, Parks & Recreation Commission -- Application for Commission Membership for consideration submitted by Al Hull. CONSENT AGENDA No Changes. Notes: CITY OF KENAI REGULAR ELECTION OF OCTOBER 2, 2007 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 2, 2007. ABSENTEE (in -person, by -fax, personal needs, by -mail) AND QUESTIONED BALLOTS RECEIVED 165 ABSENTEE/QUESTIONED BALLOTS REJECTED 10 ABSENTEE/QUESTIONED BALLOTS COUNTED 155 POLL VOTER TURN OUT 23.3% TOTAL VOTER TURN OUT 26.3% NUMBER OF KENAI REGISTERED VOTERS 5,045 VOTER TURN OUT 1,328 MAYOR/ONE THREE-YEAR SEAT: CANDIDATE POLL VOTES RECEIVED ABSENTEE,i ETC. VOTES RECEIVED TOTAL VOTES RECEIVED PORTER, Pat 663 95 758 BOYLE, Mike 483 55 538 Write -Ins 4 1 5 CITY COUNCIL/THREE-YEAR SEATS: CANDIDATE POLL VOTES RECEIVED ABSENTEE, ETC. VOTES RECEIVED TOTAL VOTES RECEIVED ELDRIDGE, Bar 486 63 549 SMALLEY, Harold "Hal' 713 92 805 MOORE, Joe 470 75 545 Write -Ins 11 21 1 13 PROPOSITION NO. 1/BLUFF EROSION CONTROL POLL ABSENTEE, TOTAL VOTES VOTES ETC. RECEIVED RECEIVED VOTES RECEIVED YES VOTES 652 91 743 NO VOTES 494 63 557 CERTIFICATION OF ELECTION OCTOBER 2, 2007 GENERAL ELECTION Page 2 of 2 a � • • • iAi37�.71ij �i]�`�7 POLL ABSENTEE, TOTAL VOTES VOTES ETC. RECEIVED RECEIVED VOTES RECEIVED YES VOTES 746 91 8371 NO VOTES 402 1 63 465 Pat Porter, Mayor Linda Swarner, Council Member Robert J. Molloy, Council Member Barry Eldridge, Council Member Joe Moore, Vice Mayor Richard A. Ross, Council Member Mike Boyle, Council Member ATTEST: Date Carol L. Freas, City Clerk CITY OF KENAI REGULAR ELECTION OF OCTOBER 2, 2007 CERTIFICATION OF RESULTS ABSENTEE, SPECIAL NEEDS AND QUESTIONED BALLOTS WHEREAS, the undersigned judges of City of Kenai Canvass Board for the Regular Election of the City of Kenai, held on October 2, 2007, do solemnly affirm the results of said election for absentee, personal needs, and questioned ballots, counted on October 1.1, 2005 as follows: FOR MAYOR, ONE THREE-YEAR TERM PORTER, Pat BOYLE, Mike rj Write -Ins FOR CITY COUNCIL, TWO THREE-YEAR TERMS NAME NUMBER OF VOTES RECEIVED ELDRIDGE, Barr �J SMALLEY, Harold "Hal" 2 MOORE, Joe 7 `J Write -Ins .7 PROPOSITION NO. 1/BLUFF EROSION CONTROL BOND PROPOSITION NO. 2/LIBRARY EXPANSION BOND VOTES FOR: VOTES NO: TOTAj, q/ 63 / -,q REGULAR ABSENTEE, QUESTIONED AND PERSONAL NEEDS BALLOTS T T;XL-5 c'YI' �� Absentee ballots voted: Questioned ballots voted: ,z Personal Needs ballots voted: Total Ballots Voted: b Rejected ballots: Not registered, registered too late or Registered out of the City of Kenai: Purged from voter rolls: Ballot envelope not signed or witnessed: 2— No identifier provided on envelope: Voted twice: Signed/witnessed or postmarked after election day: Total Ballots Rejected by Canvass Board: Absentee ballots counted: /7 Questioned ballots counted: 1 Personal Needs ballots counted: Total Absentee, Questioned and Personal 15 Needs ballots counted: REVIEW OF PRECINCT MATERIALS The Canvass Board further certifies we have examined in detail all original and questioned registers for the three polling precincts, AVO's and absentee by -mail of the City of Kenai and have found them to be in proper order. Upon completion of the canvass, it is our opinion the attached summary of election returns, as compiled by the City Clerk, accurately reflects the totals shown on the Certificate of Election Returns by the election board of each voting precinct and the returns of the absentee, questioned and personal needs ballots cast in this election. We, the undersigned, certify the foregoing to be true and accurate to the best of our knowledge and belief. Signed and dated this __q_ day of October, 2007. ATTEST: Carol L. Freas, City Clerk Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2255-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $36,909.53 IN THE GENERAL FUND TO PROPERLY ACCOUNT FOR IN KIND SERVICES PROVIDED TO THE SOCCER PARK CAPITAL PROJECT FUND. WHEREAS, in FY2007 General Fund personnel performed work related to the Soccer Park Capital Project, for which the Soccer Park Capital Project Fund was charged $19,209.53; and, WHEREAS, General Fund equipment was used in performing this work for which the Soccer Park Capital Project Fund was charged $17,700. This amount was recorded as Miscellaneous Revenue in the General Fund in FY2007; and, WHEREAS, the costs paid by the Soccer Park Capital Project Fund result in a cash shortfall in the fund of $36,909.53; and, WHEREAS, these funds are in the General Fund fund balance as a result of the FY2007 transactions noted above; and, WHEREAS, a transfer to the Soccer Park Capital Project Fund from the General Fund in the amount of $36,909.53 needs to be done to close the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of fund balance $36,909.53 Increase Appropriations: Transfer to Capital Project $36,909.53 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk Approved by Finance: AO_ (09/ 17/2007) hl PAT PORTER, MAYOR Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 17, 2007 MEMORANDUM To: City Council Through: Rick Koch, City Manager From: Larry Semmens, Finance Director Date: September 24, 2007 Subject: Ordinance 2255-2007 Soccer Park Transfer This ordinance is a cleanup measure to close out the Soccer Park Capital Project Fund Ordinance 2217-2007 increased estimated revenue and appropriations by $115,140 in the capital project fund for in -kind services. Our auditors do not agree with the characterization of wages and equipment used on the project as `in kind' services revenue. So the wages were charged to the project instead of to the General Fund and the equipment utilized was charged to the project as if it were rented from an outside company, The General Fund reported revenue from the capital project fund in FY 2007, The result is that the FY 2007 General Fund fund balance increased from what was expected by the amount of $19,209.53 for wages charged to the project and by $17,700 for equipment rental revenue from the capital project fund. This totals $36,909.53 and is currently in the fund balance of the General Fund. Since the capital project fund used cash in this amount but did not receive cash to cover the expenditures, it is short of cash at the end of the project. The appropriate place to get this cash is the General Fund since it benefited from the `in -kind' transactions in FY 2007. After this ordinance takes effect, the fund balance of the General Fund will be the same as it would have been if these `in -kind' transactions had not taken place last year. The City does not typically charge grant funded projects in this manner; however, this project used substantially more General Fund services than is typical and charging these services to the project more accurately captures the full cost of the project. The final cost for the project was $688,316.35 including $10,465.11 fees (7.5% of a portion of the grant) paid to the State of Alaska for administering the federal grant of $326,548. 2 Suggested by: Administration CITY OF° XENAI NO. 2256-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE PUBLIC SAFETY GARAGE CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $150,000 to build a public safety garage; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Public Safety Garage Capital Proiect Fund Increase Estimated Revenues: State Grant $150,000 Increase Appropriations: Construction $150,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Cleric Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 17, 2007 Approved by Finance: (09/24/2007) hi ' "Villaye with a Past C# unit% a Future'/ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 v Telephone: 907-283-75351 FAX: 907-283-3014 1111r _...�._ 1992 tke city o f KENAI, ALASKA TO: City Council FROM: Rick Koch DATE: September 27, 2007 SUBJECT: Ordinance 2256-2007 The purpose of this correspondence is to discuss the above referenced ordinance and to recommend its approval by the Council. This appropriation accepts a S 150,000 grant from the State of Alaska for the purpose of constructing an enclosed, heated garage at the City's Public Safety Building. The garage would be located in the same area presently serving as a carport on the southwest portion of the building. The construction of an enclosed, heated garage will eliminate the need for police department vehicles to remain outside, idling, during periods of cold weather. We are presently working with a consultant to determine if any additional funding may be required to complete this project. Thank you for your attention in this matter. E "Village wick a Past, C# with a Fatare 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 f111t1 1992 the ciy of // KENAI, ALASKA TO: City Council FROM: Rick Koch DATE: October 11, 2007 SUBJECT: Ordinance 2256-2007, Public Safety Garage Capital Project The purpose of this correspondence is to recommend approval of this ordinance. This project is funded at S 150,000 by an ADCCED grant, which does not require a match by the City. The scope of the project will be to enclose the existing carport at the Public Safety Building providing warm storage for police vehicles. This will eliminate or significantly minimize the number of vehicles that are left idling during the winter months. Thank you for your attention in this matter. k, Suggested by, Administration CITY OF KENAI ORDINANCE NO. 2257-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $888,562.42 IN THE MUNICIPAL ROADWAY PAVING CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $888,562,42 to pave municipal roadways; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Municipal Roadwav Paving Capital Project Fund Increase Estimated Revenues: State Grant $888,562.42 Increase Appropriations: Construction $888,562.42 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17+h day of October, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (09/24/2007)hl Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 17, 2007 on ""Village wit% a Past, C# wdk a Fatare" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 - ..,.... 1992 fheay0f KENAIALASKA TO: City Council FROM: Rick Koch DATE: September 27, 2007 SUBJECT: Ordinance 2257-2007 The purpose of this correspondence is to discuss the above referenced ordinance and to recommend its approval by the Council. Project Title: Municipal Roadway Paving Grant Funding: $ 888,562.42 ACCED Grant Number: 08-RR-024 Project Description: 1. Upgrade of existing municipal unpaved roadways to asphalt standards. 2. Construction of municipal roadways to asphalt standards 3. Construction/upgrade of water sewer utilities as related to roadway construction. 4. Construction of related improvements such as signage, lighting, landscaping, pedestrian improvements, etc. This grant does not require a municipal match. Thank you for your attention in this matter. 7 Suggested by: Administration ; li5�ai i UA 1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $592,541,34 IN THE WILDWOOD DRIVE CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $592,541.34 to reconstruct Wildwood Drive; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Wildwood Drive Capital Proiect Fund Increase Estimated Revenues: State Grant Increase Appropriations: Construction $592,541.34 $592,541.34 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk Approved by Finance: W—' (09/24/2007) hi PAT PORTER, MAYOR Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 17, 2007 "Village with a Past, C# with a Fature" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 w� f Telephone: 907-283-7535 / FAX: 907-283-3014 1 I - _- ?992 the cify 0 f KENAI,A ASKA MEMO: TO: City Council FROM: Rick Koch HATE: September 27, 2007 SUBJECT: Ordinance 2259-2007 The purpose of this correspondence is to discuss the above referenced ordinance and to recommend its approval by the Council. Project Title: Wildwood Drive Reconstruction Grant Funding: $ 592,541.34 ACCED Grant Number: 08-RR-026 Project Description: 1. Demolition & Replacement of approximately 2,500 lineal feet of asphalt roadway, and related improvements such as, lighting, signage, striping, affected utilities, etc. 2. Removal of unclassified material and replacement of classified material under roadway prisin, as required. 3. Abandon approximately 2,500 lineal feet of 10" AC sewer collector 4. Construct approximately 2,500 lineal feet of 10" HDPE or DIP sewer collector, and related improvements such as manholes, tie-ins to existing lift stations, improvements to existing lift station, future stub -outs, etc. This grant does not require a municipal match. Thank you for your attention in this matter. E Suggested by: Administration CITY OF KENAI NO. 2259-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,150,139.22 IN THE MARATHON DRIVE CAPITAL PROJECT FUND FOR A STATE GRANT. WHEREAS, the City of Kenai received a grant from the State of Alaska for $1,150,139.22 to realign and reconstruct Marathon Drive; and, WHEREAS, it is in the best interest of the City of Kenai to appropriate these grant funds for the purpose intended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Marathon Drive Capital Proiect Fund Increase Estimated Revenues: State Grant $1,150,139.22 Increase Appropriations: Construction $1,150,139.22 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17uh day of October, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 3, 2007 Adopted: October 17, 2007 ryL C Effective: October 17, 2007 Approved by Finance: � (09/24/2007) hl 10 ` llaaa�e with a Past, Ci� wiM a fidare" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 �I -: Telephone: 907-283-7535 / FAX: 907-283-3014 1992 ttiec'yof KENAL ALASKA TO: City Council FROM: Rick Koch ©ATE: September 27, 2007 SUBJECT: Ordinance 2259-2007 The purpose of this correspondence is to discuss the above referenced ordinance and to recommend its approval by the Council. Project Title: Marathon. Drive Realignment and Construction Grant Funding: 8 1,150,139.22 ACCED Grant Number: 08-RR-025 Project Description: 1. Construction of new connecting roadway from Marathon Road to Airport Way, including lighting, signage, striping, landscaping, pedestrian improvements, affected utilities, etc. 2. Upgrade of approximately 2,000 lineal feet of Marathon Road from improved gravel standard to asphalt standard, and related improvements. 3. Re -construction of approximately 1,600 lineal feet of Willow Street to include construction to an asphalt standard, and related improvements. 4. Extension of water and sewer utilities on Marathon Road. This grant does not require a municipal match. Thank you for your attention in this matter. 11 Suggested by: Planning & Zoning CITY OF KENAI NO.2260-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.20.030 BY BETTER DESCRIBING AND DEFINING WHAT CONSTITUTES PROHIBITED STORAGE OF "JUNK," "GARBAGE" AND "LITTER" UNDER THE CITY CODE. WHEREAS, KMC 12.20.030(a) 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 "garbage, "junk" or "litter'; and, WHEREAS, better definitions and descriptions of prohibited activity are needed in KMC 12.20.030; 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 KENAI, ALASKA that KMC 12.20.030 is amended as follows: 12.20.030 Debris and 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 MATERIAL, OR ANY ACCUMULATION OF GARBAGE, MANURE, 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 any private property in the city shall at all times maintain the premises free from significant accumulations of iunk garbage or litter that a reasonable person would find offensive This section shall not prohibit the storage of junk or litter in authorized private receptacles for collection. A significant accumulation of iunk or litter on any private property in the city contran to this section is deemed to be a public nuisance. (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, RS1, RS2, TSH, CC or CG zones; or 2) 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. 12 Ordinance No, 2260-2007 Page 2 of 2 (c) Nothing in this chapter shall be construed to limit the lawful operation of a iunkyard or storage yard. This section does not amend, alter or modify the provisions of KMC 12.25 (abandoned vehicles). jdj As used in this chapter, the following words are defined in this section: "Garbage" means all putrescible wastes except sewage and body waste including food wastes resulting from the handling preparation, cooking, or consumption of food or the cans containers wrappers. or other tangible items wasted or used along with such materials." "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 reconditioning be used for their original purposes including but not limited to appliances, building material chemicals equipment furniture machinery, metal rags rubber, paper, used tires plastics and wood Stacked firewood or building materials stored for future use shall not constitute "junk." "Litter" means all improperly discarded waste material including but not limited to convenience food beverage and other product packages or containers constructed of steel aluminum glass 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 junk or Ltter is located "Occupant" includes tenant and lessee. "Owner" means the owner of the real property on which the junk or litter is located or the agent of the owner. [(C)]"Slash" is defined as: branches and other residue left after the [CUTTING] felling 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." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: November 17, 2007 13 Suggested by: Administration CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-28 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 12.20.030 BE AMENDED BY BETTER DESCRIBING AND DEFINING WHAT CONSTITUTES PROHIBITED STORAGE OF "JUNK," "GARBAGE" AND "LITTER" UNDER THE CITY CODE. WHEREAS, KMC 12.20.030(a) 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 "garbage, "junk" or "fitter"; and WHEREAS, better definitions and descriptions of prohibited activity are needed in KMC 12.20.030; and WHEREAS, it is in the best interest of the City of Kenai to amend KMC 1230.030. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMEND KMC 12.20.030 as follows: 12.20.030 Debris and junk prohibited. (a) [NO OWNER, LESSEE, AGENT, TENANT, OR OCCUPANT SHALL ALLOW OR PERMIT ANY DEBRIS, . UNK, OR INDISCRIMINATE STORAGE OF MACHINERY, EQUIPMENT PARTS, LUMBER, OTHER MATERIAL, OR ANY ACCUMULATION OF GARBAGE, MANURE, 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 any private property in the city shall at all tunes maintain the premises free from significant accumulations of junk, garbage or litter that a reasonable person would find offensive This section shall not prohibit the storage of junk or litter in authorized private receptacles for collection A significant accumulation of iunk or litter on any private property in the city contrary to this section is deemed to be a public nuisance. (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, RSi, RS2, TSH, CC or CG zones; or 2) for longer than one hundred twenty (120) days on lots smaller than forty thousand (40,000) square feet within the C, RR, RS, IL, II-, R or ED zones. 14 PZ07-28 Resolution Page 2 (c) Nothing in this chapter shall be construed to Iimit the lawful operation of a iunkvard or storage yard. This section does not amend, alter or modify the provisions of KMC 12.25 (abandoned vehicles). u As used in this chapter, the following words are defined in this section: "Garbage" means all putrescible wastes, except sewage and body waste, including food wastes resulting from the handling. preparation, cooking, or consumption of food or the cans containers, wrappers, or other tangible items wasted or used along with such materials." "Junk" means any worn-out, wrecked. scrapped, partial) or dismantled or discarded tangible material, combination of materials or items that cannot without further alteration and reconditioning be used for their original purposes, including but not limited to appliances, building material, chemicals. equipment, furniture, machinerv. metal. rags. rubber, paper, used tires. plastics and wood. Stacked firewood or building materials stored for future use shall not constitute "funk." "Litter" means all improperly discarded waste material, including but not limited to convenience food, beverage and other product packages or containers constructed of steel. aluminum. glass, 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 junk or litter is located, or the agent of the owner. [(C)]"Slash" is defined as: branches and other residue left after the [CUTTING] felling 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." PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 2th day of September 2007. c.. �HA RP S ATTEST: J Public Hearing: July 11, 2007 Reconsidered: July 25, 2007 Postponed to: No time certain Work Session: August 8, 2007 Work Session: August 22, 2007 Public Hearing: September 12, 2007 15 Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $12,658 IN THE GENERAL FUND TO PAY FOR TRAINING AMMUNITION, SMALL TOOLS, AND IMPROVEMENTS TO POLICE DEPARTMENT REPORT WRITING STATIONS. WHEREAS, the Kenai Police Department works cooperatively with the Alaska Bureau of Alcohol and Drug Enforcement (ABADE) in Kenai Peninsula drug enforcement investigations that directly impact the City of Kenai; and, WHEREAS, the Kenai Police Department has received $12,658 from the State of Alaska as equitable sharing of a forfeiture of personal property and cash from a Kenai area drug dealer; and, WHEREAS, due to significant increases in ammunition costs beyond FY08 budgeted amounts, the Kenai Police Department is in need of training ammunition for rifle, shotgun and handgun practical exercises; and, WHEREAS, the Kenai Police Department is in need of upgrades to officer report writing stations in the Investigations Unit; and, WHEREAS, the Kenai Police Department needs to purchase other small tools and operational equipment that will improve the safety of officers in then daily work; and, WHEREAS, the transfer of these funds to the Police Small Tools and Operating Supplies accounts will assist the department with its firearms training, report writing responsibilities and operational needs. 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: Forfeitures $12,65a Increase Appropriations: Police — Small Tools $6,500 - Operating Supplies 6,158 $12,658 OR Ordinance No. 2161-2007 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 171h day of October, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 3, 2007 Adopted: October 17, 2007 nn - Effective: October 17, 2007 Approved by Finance: V ��`' (09/26/2007) hl 17 Suggested by: Planning & Zoning CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.15.060(b) TO CHANGE THE HEIGHT OF HOUSE NUMBERS FROM THREE INCHES (3") IN HEIGHT TO FOUR INCHES (4") TO PROVIDE CONSISTENCY WITH THE INTERNATIONAL FIRE CODE. WHEREAS, KMC 14.15.060(b) requires house numbers be no less than three inches (3") in height; and, WHEREAS, the under KMC 8.05.010 (1) the City of Kenai adopted The International Fire Code, 2003 Edition, First Printing; and WHEREAS, The International Fire Code, 2003 Edition, First Printing in Section 505.1 requires house numbers be no less than four inches (4"); and., WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.15.060(b) to be consistent with The International Fire Code, 2003 Edition, First Printing by phasing in a requirement for four inch (4") numbers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.15.060(b) is amended as follows: (b) Such number or numbers shall be placed on existing buildings on or before the effective date of this chapter and within twenty (20) days after the assigning of the proper number in the case of numbers assigned after the effective date of this chapter. The cost of the numbers shall be procured and paid for by the property owner. The numbers used shall be not less than three inches (3") in height and shall be made of a durable and clearly visible material. Beginning on January 1, 2008, new buildings or existing buildings assigned new numbers or replacing PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASI" this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: November 1.7, 2007 18 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ07-49 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT KMC 14.15.060(b) BE AMENDED TO CHANGE THE HEIGHT OF HOUSE NUMBERS FROM THREE INCHES (3") IN HEIGHT TO FOUR INCHES (4") TO PROVIDE CONSISTENCY WITH THE INTERNATIONAL FIRE CODE. WHEREAS, KMC 14.15.060(b) requires house numbers be no less than three inches (3") in height; and, WHEREAS, the under KMC 8.05.010 (1) the City of Kenai adopted The International Fire Code, 2003 Edition, First Printing; and WHEREAS, The International Fire Code, 2003 Edition, First Printing in Section 505.1 requires I numbers be no'less than four inches (4"); and, WHEREAS, it is in the best interest of the City of Kenai to amend KMC 14.15.060(b) to be consistent with The International Fire Code, 2003 Edition, First Printing by phasing in a requirement for four inch (4") numbers. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE, C0UNCIL OF THE CITY OF KENAI, ALASKA, AMEND KMC 14.15.060(b) as follows: (b) Such number or numbers shall be placed on existing buildings on or before the effective date of this chapter and within twenty (20) days after the assigning of the proper number in the case of numbers assigned after the effective date of this chapter. The cost of the numbers shall be procured and paid for by the property owner. The numbers used shall be not less than three inches (3") in height and shall be made of a durable and clearly visible material, Beginning on Jarruan7 1, 2008. new buildings or existing buildings assigned new numbers or replacing existing three-inch (3") numbers must use four -inch (4") numbers. PASSED BY THE PLANNING AND ZONING COMMISSION F THE CITY OF KENAI, ALASKA, this 26TH day of SEPTEMBER 2007.� TTEST: I 19 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE AIRPORT FUND FOR DEFERRED MAINTENANCE ITEMS AT THE PRISM FACILITY. WHEREAS, funds are needed for deferred maintenance items at the PRISM Facility; and, WHEREAS, funds are available in fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $20,000 Increase Appropriations: Training Facility - Repair and Maintenance $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ' (09/27/2007) hl PAT PORTER, MAYOR Introduced: October 3, 2007 Adopted: October 17, 2007 Effective: October 17, 2007 20 `Village wdh a Past, C y wild a Future `l 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1997 TO: City Council FROM: Rick Koch DATE: October 11, 2007 SUBJECT: Ordinance No. 2263-2007, Deferred Maintenance at PRISM Facility The purpose of this correspondence is to recommend approval of the above referenced, ordinance. Since the beginning of this fiscal year we have been called upon to address a few items at the PRISM Facility that fall under major maintenance. The State Fire Marshall is responsible for routine maintenance items. It was my intent that major maintenance items at PRISM be addressed through the capital budgeting process, but in retrospect it may have been appropriate to include a major/deferred maintenance item in the operating budget. What we have found are some major maintenance items needing to be addressed as a result of periodic maintenance not having been performed by the previous contractor. For example a circulation pump ($ 1,200) for a boiler appears to not have received periodic lubrication which led to it's failure. There are also level controls in a sump that need to be replaced to facilitate surface drainage at the site. I'm not sure how much of the $ 20,000 requested will be needed throughout the year, but I believe we will continue to find a few major maintenance items needing attention as a result of normal wear and tear, or lack of routine maintenance over the previous ten years. Thank you for your attention in this matter. 01 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2007-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO HATTENBURG DILLEY & LINNELL, LLC (HDL) FOR ENGINEERING DESIGN SERVICES FOR THE PROJECT ENTITLED MARATHON ROAD IMPROVEMENTS FOR THE NOT -TO -EXCEED AMOUNT OF $164,856. WHEREAS, proposals were received on July 20, 2007, from HDL, Wm. J. Nelson & Associates, and Wince-Corthell-Bryson; and, WHEREAS, each firm was ranked for experience, approach, and methodology by the City Administration; and, WHEREAS, HDL's proposal received the highest score for the Marathon Road Improvements Project and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to HDL for the not -to -exceed amount of $164,856; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for engineering design services for the project entitled Marathon Road Improvements be awarded to HDL for the not -to -exceed amount of $164,856. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October 2007, ATTEST: Carol L. Freas, City Clerk i Approved by Finance: W "Village with a fast, C# with a Fri are' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 J FAX: 907-283-3014 l� f 1992 Mec�yof !(EN 5KA �p TO: City Council FROM: Rick Koch DATE: October 8, 2007 SUBJECT: Marathon Road Improvements The purpose of this correspondence is to recommend approval of the resolution to enter into a professional services agreement with. Hattenburg, Dilley & Linnell (HDL), in the amount of $ 1.64,856 for design services for improvements to Marathon Road, Willow Street, and MEA Access, and construction of Baron Park Drive. This project will provide alternate access from Marathon Road to Airport Way as well as extend water and sewer utilities north on Marathon Road. Pedestrian Improvements will also be included in the scope of work. A Request for Proposals (RFP) for this work was issued and proposals were due on July 20, 2007, The selection committee selected HDL as the highest ranked proposer for the Marathon Road project and negotiations ensued to establish the scope and fee. 23 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 2007-60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT TO WINCE-CORTHELL-BRYSON FOR ENGINEERING DESIGN SERVICES FOR THE PROJECT ENTITLED WILDWOOD DRIVE IMPROVEMENTS FOR THE NOT - TO -EXCEED AMOUNT OF $45,500, WHEREAS, proposals were received on July 20, 2007, from HDL, Wm. J. Nelson & Associates, and Wince-Corthell-Bryson; and, WHEREAS, each firm was ranked for experience, approach, and methodology by the City Administration; and, WHEREAS, Wince-Corthell-Bryson's proposal received the highest score for the Wildwood Drive Improvements Project and award to this bidder would be in the best interest of the City; and, WHEREAS, the recommendation from the City Administration is to award the contract to Wince-Corthell-Bryson for the not -to -exceed amount of $45,500; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for engineering design services for the project entitled Wildwood Drive Improvements be awarded to Wince-Corthell-Bryson for the not -to - exceed amount of $45,500, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October 2007. ATTEST: Carol L. Freas, City Clerk Approved by Finance: _ PAT PORTER, MAYOR AV "Village witk a Past, C# wA a Ft"re" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283 7535 /FAX: 907-283 3014 �^ 1992 eke tiiy of KENAI, UASKA MEMO* TO: City Council FROM: Rick Koch DATE: October 8, 2007 SUBJECT: Wildwood Drive improvements The purpose of this correspondence is to recommend approval of the resolution to enter into a professional services agreement with Wince-Corthelt-Bryson (WCB) in the amount of $ 45,500 for design services for improvements to Wildwood Drive This project will reconstruct Wildwood Drive from Kenai Spur Highway to Wildwood Correctional facility. This project will also replace the sanitary sewer main along Wildwood Drive. A Request for Proposals (RFP) for this work was issued and proposals were due on July 20, 2007, The selection conunittee selected WCB as the highest ranked proposer for the Wildwood Drive project and negotiations ensued to establish the scope and fee. 25 Suggested by: Administration C�]iIK}L�]�iA �idT1# RESOLUTION NO. 2007-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A THREE YEAR CONTRACT FOR THE OPERATION AND MANAGEMENT OF THE KENAI RECREATION CENTER TO THE BOYS & GIRLS CLUB OF THE KENAI PENINSULA, KENAI UNIT, IN THE AMOUNT OF $ 130,000 PER ANNUM, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL YEARS. WHEREAS, the present agreement between the Boys &, Girls Club and the City of Kenai will expire on November 30, 2007; and, WHEREAS, the Boys & Girls Club has successfully managed the Kenai Recreation Center for the preceding four years; and; WHEREAS, management of the Center has resulted in substantial cost savings to the City; and, WHEREAS, the Boys 8s Girls Club is uniquely qualified to operate and manage youth recreation facilities; and, WHEREAS, the Boys & Girls Club has proposed to operate and manage the Center for the same cost to the City (excluding a $ 5,000 per year increase for Sunday openings) as was agreed to in 2003, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a three year contract for the operation and management of the Kenai Recreation Center be awarded to the Boys & Girls Club of the Kenai Peninsula, Kenai Unit, for $ 130,000 per annum, with an option to renew for two additional years. . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR 26 'Ivillaye with a Past, C# with a Fature" 210 Fidalga Avenue, Kenai, Alaska 99611-7794 � mot__ Telephone: 907-283-75351 FAX: 907-283-3014 1952 tlrec'ynf KENIIv SKA TO: City Council FROM: Rick Koch DATE: October 11, 2007 SUBJECT: Kenai Recreation Center, Facility Management Agreement The purpose of this metnorandu n is to recommend to Council the approval of a facility management agreement to Boys & Girls Club of the Kenai Peninsula, Kenai Unit, for the operation and management of the Kenai Recreation Center in the amount of $ 130,000 per year. The cost has increased by $ 5,000 per year based on the City's request the Center be open on. Sundays. The term of the agreement is for an initial period of three years beginning December 1, 2007, with an option for a two-year renewal based on the mutual agreement of the parties. The Boys & Girls Club has successfully managed the Kenai Recreation Center over the past four years resulting in cost savings (primarily wages) of approximately $ 85 000 to $ 100,000 per year over city management of the Center. There have been few if any problems with the Boys & Girls Club management of the Center. They have been responsive to requests both from the City and users of the Center. The Boys & Girls Club has created a number of new positive programs for all users of the Center, especially youth. The Boys & Girls Club has been diligent in applying for and investing proceeds from grants into the Center. They have purchased new exercise equipment as a result of their receiving outside grants. The Boys and Girls Club is unique in that they are the largest organization in the State of Alaska dedicated to providing recreation programs for youth, and other Alaskan residents. Administration recommends Council approval of this resolution. 27 KENAI RECREATION CENTER FACILITY MANAGEMENT AGREEMENT between THE KENAI PENINSULA BOYS AND GIRLS CLUB AND THE CITY OF KENAI In consideration of the mutual promises herein, the City of Kenai (City), 210 Fidalgo Avenue, Kenai, Alaska 99611, and the Kenai Peninsula Boys and Girls Club (Boys & Girls Club), 705 Frontage Road, Suite B, Kenai, Alaska 9996I1, agree as follows: The City desires to contract with the Boys & Girls Club to manage and operate the Kenai Recreation Center. This shall be accomplished through the facility management services of the Boys and Girls Club, 705 Frontage Road, Suite B, Kenai, Alaska 99961. Facility management services shall be a year-round function to ensure the annual operating plan is carried out. This Agreement consists of: A. 34 sections of provisions, consisting of 1.7 pages; and B. Attachment A, Fee Schedule, consisting of I page. Section 1,. Definitions In this Agreement: A. "Manager" means the Kenai City Manager or designee, thereafter, as agent for and on behalf of Kenai. B. "City" means the City of Kenai. Facility Management Agreement Page I of 18 C. "Center" means the facility known as the Kenai Recreation Center located at 227 Caviar, Kenai.. D. "Concession" includes all sales or rentals of goods or services in the Center, the parts of the Center where those sales or rentals are made, and equipment or facilities in the Center used for those sales or rentals. E. "Contractor" means the Kenai Peninsula Boys and. Girls Club. R "Management" means responsibility for the proper functioning of all Center operations necessary to support the Center's provision of service to the public safely and efficiently, including but not limited to, supervision of staff and participants, programming, scheduling, maintenance, sales, marketing and concessions. Section 2. Contractor's Services A. Contractor shall perform facility management services in accordance with this Agreement. B. The City shall not allow any claim for services other than those described in this Agreement. However, Contractor may provide, at its own expense, any other services that are consistent with this Agreement Section 3. Term. A. The term of this Agreement shall be three (3) years from the effective date of the contract, unless terminated sooner as provided herein. B. Upon mutual consent, this Agreement may be renewed for a term of two (2) years. Contractor shall notify the City in writing no less than ONE HUNDRED EIGHTY (180) days before current Agreement expires if it intends to renew. Facility Management Contract Page 2 of 18 W C. Contractor acknowledges the City has no obligation to continue its performance beyond the tern of this Agreement, regardless of the degree to which the Contractor's performance is successful. Section 4. Contractor's Responsibility Contractor shall be solely responsible for the faithful performance of all its duties under this Agreement. Section 5. Annual Operations Plan A. Operations Plan. No later than April 15 of each year, Contractor shall develop and provide the City with the latest version of the Center Operations Plan. The plan should contain, at a minimum, the following: 1. A safety and security plan; and 2. A facility use plan for the Center that includes days of operation and hours open, current booking and scheduling procedures, current fee schedule and other rules governing use of the facility; and 3. A program schedule; and 4. A staffing plan. Section 6. Center Annual Operating Budgets No later than January 1 of each year, the Contractor shall develop and provide the City with the latest version of the Annual Operating Budgets. The proposed budgets should include all projected and one prior year's actual operating and capital costs for the Center, including a projected income and expense statement, and projected year-end balance sheet. Additionally, the budget should include the following detailed projections: Facility Management Contract Page 3 of 18 30 A. Revenues by category and source; and B. Operating expenses by category; and C. Administrative and general expenses. Section 7. Exclusive License This Agreement does not lease, demise, rent or otherwise convey any land or interest in lands or real property, including the property at 227 Caviar Street known as the Kenai Recreation Center. Section 8. Right o€Entry The City, its officers, agents and representatives shall be permitted to enter the Center premises during operating hours to examine the same. The City will notify the Contractor if it requires emergency entry after operating hours. Section 9. Alterations and Renovations Contractor agrees not to make any alterations or renovations to the Center premises without prior written consent of the City. Approved projects will require an actual cost report to be filed with the City at completion of the project. Section 10. Operations and Maintenance Costs The City will be responsible for maintenance and repair of the structure necessitated by normal wear and tear. The Contractor shall be responsible for the maintenance and repair of the Center equipment, i.e., weight room equipment, pool tables, vending machine. The Contractor shall bear the responsibility for the repair of the structure due to any damage or breakage caused by the negligence or intentional act of the Contractor or a client during operating hours of the Contractor. Water, sewer, electrical and natural gas and (non -long distance) telephone service Facility Management Contract Page 4 of 18 31 for the Center will be paid by the City. The Contractor shall pay for janitorial services for the Center. Section 11. Equipment Replacement The City is responsible for the replacement of equipment necessitated by normal wear and tear. Contractor must submit to the City in writing a detailed description, including costs, for equipment needing to be replaced by January 31" of each year in order to have the request considered in the upcoming fiscal year budget. Section 12. Signs Contractor shall not place or erect poles, lights or devices on the exterior of the Recreation Center or adjacent property without prior written approval by the City. The Contractor's signs and advertising devices of appropriate nature are allowed outside of the building. Section 13. Consideration As consideration for Contractor's undertaking hereunder, the City shall pay ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000) per year for facility management of the Kenai Recreation Center. Payments shall be made monthly on or before the first of the month. The payments under this Agreement require funds from appropriations and are subject to future appropriations. If sufficient funds are not appropriated for payments required under this Agreement, this Agreement shall terminate and the City shall not be obligated to make the payment under this Agreement beyond the then -current municipal fiscal year for which funds Facility Management Contract Page 5 of 18 32 have been appropriated. The City shall notify the Contractor within seven (7) days of the failure of the Council to appropriate funds sufficient for the payments. Payments for partial months will be proportional to the number of days the Center is operated. Upon execution of this Agreement, it is the intention of the City that the Agreement run its entire term. Section 14. Termination of Contractor's Services Contractor's services under Section 2 may be terminated by mutual consent of the parties. Section 1.5. Termination for Cause A. If either party fails to perform any of the terms, conditions, covenants, or obligations under the Agreement, said Agreement might be terminated at the option of either party. However, as a condition of the exercise of its right of termination under this subsection, a party shall notify the other in writing of its intent to terminate this Agreement stating with reasonable specificity the grounds therefore. Upon receiving written notice from a party, the other parry will have thirty (30) calendar days to cure said default(s). If the other party fails to cure all defaults to the satisfaction of the other party within thirty (30) days after receiving notice, the City or Contractor may terminate this Agreement. B. if Contractor's services are terminated, for whatever reason, Contractor's claim for compensation under this Agreement shall be limited to payments due based on a proportional number of days the Center was operated. Contributions in kind are not eligible for reimbursement unless directed toward approved appraisable improvement to the Center. Upon termination, any alteration or renovation to the Center, approved by the City per Section 9, will be reimbursed at fair market value or actual cost as reported under Section 9 (whichever is less) unless the parties have previously otherwise agreed. If necessary, fair market value of such Facility Management Contract Page 6 of 18 33 improvements will be determined by a professional appraiser. The appraiser will be selected jointly by the parties and the appraisal fee will be split equally. Section 16. Repossession of Center A. Upon termination of this Agreement under Section 13 or Section 14, the City may take possession of the Center and of all facilities thereof. B. Upon termination of this Agreement under Section 13 or Section 14, there shall be a transition period of not greater than ninety (90) days with regard to the removal of Contractor's property from the Center. If Contractor fails to vacate upon expiration of the transition period, the City may remove the property at Contractor's expense. Section 17. Duties 'Upon Termination A. Contractor shall deliver to the Manager all documents, records, work products, materials and equipment owned by the City and requested by the Manager. B. Except as provided in this section, termination of Contractor's services under Sections 13 or 14 does not affect any other right or obligation of a party under this Agreement. Section 18. Insurance and Business License A. Contractor shall maintain in good standing the insurance described in subsection B of this section. Before rendering any services under this Agreement, Contractor shall furnish the Manager with proof of insurance in accordance with subsection B of this section in a form acceptable to the Risk Manager for the City. Contractor shall also be required to provide a valid Alaska business license prior to rendering services under this Agreement. B. Both parties shall provide the following insurance: Facility Management Contract Page 7 of 18 34 1. Comprehensive general liability, including premises operations, contractual, independent contractors, and personal injury coverage's -- $1,000,000 per occurrence. 2. Comprehensive automobile liability -- $1,000,000 combined single limit per accident, to include owned, hired and non -owned vehicles. 3. Employer's Liability and Worker's Compensation for their own employees as required by statute for each occurrence. 4. Each party shall be named as additional insured for purposes of the oneration of the Recreation Center to the extent allowable on all policies (except Worker's Compensation). C. Each policy of insurance required by this section shall provide for no less than thirty (30) days advance written notice to the City prior to cancellation or change in insurance amount and shall be written by an insurer rated A- or better by A. M. Best. D. The City shall provide broad form property damage insurance for the Center. E. Contractor shall report all incidents of accident or injury promptly in writing to the City Manager for Kenai. Section 19. Notice of Claims Each party hereto shall give to the other prompt and timely written notice of any claim made or suit instituted within. its knowledge that in any way, directly or indirectly, contingently or otherwise, affects or might affect the other party Facility Management Contract Page 8 of 18 35 Section 20. Assignments Unless otherwise allowed by this Agreement or in writing by the Manager, any assignment by Contractor of all or part of this Agreement shall be void. Section 21. Ownership of Equipment and Furnishings A. Equipment and furnishings purchased with Contractor funds shall be the sole property of Contractor. B. With the exception of pass -through grants administered by the City, equipment and furnishings purchased with City fiords or any funds provided by grants from the City, shall be the sole property of the City marked and inventoried as such with a copy of the inventory forwarded to the City. C. Equipment and furnishings donated to Contractor shall be the sole property of Contractor. D. Prior to occupying the Center, the Contractor and the City shall conduct a wallcthrough to investigate conditions of the facility and equipment inside the building. Section 22. Notices Any notice required pertaining to the subject matter of this Agreement shall be either sent via mail by prepaid first class registered or certified mail "Return Receipt Requested," or delivered to the following addresses: Kenai City Manager 210 Fidalgo Avenue Kenai, AK 99611 Phone: (907) 283-9222 FAX: (907) 283-3014 Notices are effective upon receipt Facility Management Contract Kenai Peninsula Boys aid Girls Club 705 Frontage Road, Suite B Kenai, AK 99611 Phone: (907) 283-2682 FAX: (907) 283-8190 Page 9 of 18 36 Section 23. Public Facility It is the City's intention that the Kenai Recreation Center and the programs provided therein be available to the public. The Contractor may not restrict appropriate public participation at the facility or public access for appropriate use of the facility. The fees charged by the contractor must not discourage public use and should be consistent with fees charged for similar services at other municipal recreation centers. Section 24. Relationship of Parties Contractor shall perform its obligations hereunder as an independent contractor of the City. Kenai may administer this Agreement and monitor Contractor's compliance with its obligations hereunder. The City shall not supervise or direct Contractor other than as provided in this Agreement. Section 25. Permits, Laws and Taxes Contractor shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to its performance under this Agreement. All actions taken by Contractor under this Agreement shall comply with all applicable statutes, ordinances, rules and regulations. Contractor shall pay all taxes pertaining to its performance under this Agreement. Section 26. Non -waiver The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. Facility Management Contract Page 10 of 18 37 Section 27. Amendment. A. This Agreement shall only be amended, modified or changed by a written amendment, executed by authorized representatives of the parties. B. For the purposes of any amendment modification or change to the terms and conditions of this Agreement, the only authorized representatives of the parties are the Contractor and the City Manager for the City of Kenai. C. Any attempt to amend, modify, or change this Agreement by either an unauthorized representative or unauthorized means shall be void. Section 28. Jurisdiction: Choice of Law Any civil action rising from this Agreement shall be brought in the Superior Court for the Third Judicial District of the State of Alaska at Kenai. The law of the State of Alaska shall govern the rights and obligations of the parties under this Agreement. Section 29. Severability Any provision of this Agreement decreed invalid by a court of competent ,jurisdiction shall not invalidate the remaining provisions of this Agreement. Section 30. Integration This instrument and all appendices and amendments hereto embody the entire Agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein: and this Agreement shall supersede all previous communications, representations or contracts, either oral or written, between the parties hereto. Section 31. Inspection and Retention of Records Facility Management Contract Page I I of 18 Contractor shall, upon reasonable notice by the City, make available to the City, for examination, all of its records with respect to all matters covered by this Agreement for a period ending three (3) years after the date Contractor is to complete performance. Upon request; and within a reasonable time, Contractor shall submit such other information and reports relating to its activities under this Agreement, to the City, in such form and at such times as the City may reasonably require. Contractor shall permit the City to audit, examine and make copies of such records, and to make audits of all invoices, materials, and other data relating to all matters covered by this Agreement. The City may, at its option, permit Contractor to submit its records to the City in lieu of the retention requirements of this section. Section 32. Scope of Services Management of the Kenai Recreation Center by Contractor shall fully and completely perform the services detailed in this agreement. A. Operation. Contractor shall prepare an annual operating budget and an annual operations plan for the Center. Contractor shall work with the Manager to assure the Operations Plan meets the requirements and expectations of the City of Kenai. B. Concessions. Contractor may operate Concessions. Contractor shall have the exclusive right to operate concessions in the Center. C. Revenues. Contractor shall collect all revenues generated by the Center. Appropriate methods for financial control and auditing will be implemented. The City of Kenai shall not have any liability or responsibility for funding any deficits or any part thereof. D. Operational Services. Contractor shall provide all employees and volunteer staff required for the operation of the Center. Facility Management Contract Page 12 of 18 39 E. Fee Schedule. Contractor shall develop and publish fee schedules for all events and activities at the Center. The fee schedule shall be approved by the City Manager subject to change by the Council. The fee schedule in Attachment "A" shall be in effect at the start of the contract. F. Appearance. Contractor shall keep all facilities of the Center in a clean and sanitary condition during the period of operation. G. Community Services. Contractor shall consider input from community residents and groups to provide community services for recreation, education, cultural and leisure activities. H. Scheduling. The parties agree the Contractor shall maintain daily, monthly and annual schedules of services and activities. 1. Services. The parties agree recreational, educational, cultural, and leisure programs and services for all age groups shall be offered to the public. Contractor is responsible for defining said services and coordinating all aspects of service offerings. Contractor shall maintain public use services through the Recreation Center. Unless termination is requested in writing by the Contractor and approved by Council, Contractor shall provide the following services: 1. Teen Center 2. Toddler Time 3. Home School Gym 4. Senior Exercise 5. Wallyball and Racquetball 6. Open Gym Time 7. Volleyball 8. Weight Room and Sauna 9. Men's and Women's Adult Basketball Leagues 10. Practice time for Kenai Middle School Boys' and Girls' Basketball Facility Management Contract Page 13 of 18 ME 11. Practice time for Kenai high School Boys' and Girls' Basketball "C" Teams 12. After -prom and after -graduation activities for Kenai Central High School (free of charge) 13. City Wellness Program (City Employees may use fitness programs, equipment and facilities for half-price with City I.D.) Contractor agrees to make the facility available to other community user groups and/or organizations in order to serve the varied interest and needs of the community. Contractor may charge a fee for said programs and/or services. J. Operating Hours and Dates. Contractor shall operate the Kenai Recreation Center according to a published schedule. K. Employees and Volunteers. Contractor shall comply with all applicable, local, state, and federal laws relating to employment practices. Contractor shall provide, at its own expense, a sufficient number of employees and/or volunteers to meet the hours of operation acid serve the public efficiently. L. Fees and Charges 1. Contractor will publish, post or otherwise make available all fee schedules. 2. Contractor will collect and retain all fees and charges for programs, services and rentals. The base amount of this contract as set out in Section 1.2 or grants received for the Kenai Recreation Center are not considered fees and charges. Contractor will retain fees and charges collected up to $100,000 per year. Fees and charges collected over $100,000 and not spent on programs at or for the Kenai Recreation Center will be divided equally (50150) between the Contractor and the City. Facility Management Contract Page 14 of IS 41 M. Accounting and Reporting. Contractor shall maintain such books, records, and accounts of operation as would be considered prudent for such an operation. Contractor shall prepare and submit to the City of Kenai yearly reports showing usage of the facility by program. N, Cleaning of the Premises 1. Contractor will provide all janitorial services and supplies required to keep the Center clean and presentable. 2. Contractor shall not permit any garbage or other refuse to accumulate on the premises. O. Security. Contractor shall take all reasonable precautions to prevent unauthorized entry into the Recreation Center, including the placing of signs or other devices intended to deter or restrict such entry. Contractor shall develop and follow policies and procedures relating to issuing keys, handling cash and deposits, opening and closing, and dealing with difficult patrons. P. Snow Removal. Contractor shall be responsible for snow removal of all sidewalks around the building or leading up to the building of the Recreation Center. Responsibility for snow removal of the parking lot shall be the City's. Q. Annual Community Meeting. Each January the Contractor will advertise and conduct a public meeting to receive public input into past and future operations of the Center. Minutes of the meeting will be recorded and forwarded to the City of Kenai. R. Fundraising. Fundraising using the name of or on behalf of, the City of Kenai or the Kenai Recreation Center must be approved in advance in writing by the City of Kenai. Section 33. Third Party Beneficiaries Facility Management Contract Page 15 of 18 42 There are no intended third party beneficiaries of this Agreement, and no person other than the named parties to this Agreement (the City of Kenai and the Contractor) shall acquire any rights under it. Section 34. Liaison The named parties shall each designate a liaison who shall attend a board/commission meeting of the other entity twice a year to discuss the operation of the Center. IN WITNESS WHEREOF, the parties have executed this Agreement on the date shown below. CITY OF KENAI KENAI PENINSULA BOYS AND GIRLS CLUB By: By: Rick R. Koch Brenda Pilgrim Ahlberg City Manager Executive Director DATE: DATED: By: Peter Micciche, President of the Board of Directors ATTEST: Carol L. P'reas, City Clerk Facility Management Contract DATED: Page 16 of 18 43 Approved as to form: Cary R. Graves City Attorney STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS 'TO CERTIFY that on this _ day of November, 2003, RICK R. KOCH, KENAI CITY MANAGER, 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 the State of Alaska. My Commission Expires: STATE OF ALASKA ) ) ss. '.THIRD JTJDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of November, 2003, BRENDA ARLBERG, EXECUTWE DIRECTOR of the KENAI PENINSULA BOYS AND GIRLS CLUB, 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 the State of Alaska. My Commission Expires: Facility Management Contract Page 17 of 18 STATE OF ALASKA ) ) as, THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of November, 2003, PETER MICCICHE, PRESIDENT of the BOARD OF DIRECTORS of the .KF,NAI PENINSULA BOYS AND GIRLS CLUB, 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. Facility Management Contract Notary Public for the State of Alaska. My Commission Expires: __. Page 18 of 18 MR Other Youth Members Served Total: 2004 127 723 850 2005 220 443 663 2006 361 662 1023 Teen Center 800 700 600 500 F:4—Members 400 —_-_ 300 —----..--.._...-._...._ �"'� --ff—Other Youth Served 200 100 --- 0 2004 _--_--- _-- 2005-----2006 -- Weight Room Court 1 Court 2 Court 3 Gym Total: 2004 5,803 1,947 2,636 4,315 30,730 45,431 2005 7,328 2,547 4,220 4,963 44,626 63,684 2006 10,025 3,387 5,540 6,343 45,130 70,425 2004 - 2006 Average Facility Visits 13% 4% ® 6% Weight Room ® Court 1 0 Court 2 �g% 0Court 3 68% I. Gym Suggested by: Councilor Molloy CITY OF KENAI RESOLUTION NO. 2007-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THAT LOT 1-A SPRUCEWOOD GLEN SUBDIVISION NUMBER TWO BE REPLATTED AND THAT A PORTION OF THE PROPERTY IN THAT LOT BE PRESERVED AS A BUFFER. WHEREAS, the City of Kenai is the owner of property currently known as Lot I -A Sprucewood Glen Subdivision Number Two (Lot 1-A); and, WHEREAS, the City of Kenai has owned Lot 1-A and the adjacent parcel (the Parcel) on the Kenai Spur Highway between Beaver Loop Road (now Bridge Access Road) and First Avenue South (now Walker Lane) since 1963; and, WHEREAS, in 1976 the Advisory Planning and Zoning Commission of the City of Kenai (the Advisory Commission) in Resolution 76-3 recommended that the Parcel be rezoned from suburban residential to general commercial to reflect the need for commercial property and that the property was not well suited for residential development; and, WHEREAS, during the process of rezoning the property the Advisory Commission recognized the need to create a buffer for the private residential property nearby in order to properly develop the city owned property commercially; and, WHEREAS, creation of the buffer strip was an integral part of the commercial development of the Parcel; and, WHEREAS, the following the property being rezoned general commercial, the property was replatted in 1978; and, WHEREAS, Plat Number 78-106 listed a 120' wide buffer strip on property then known as Lot 1, Spur Division Number One and now known as Lot 1-A Spur Subdivision Number Two; and, WHEREAS, the purpose of the buffer was to screen the new commercial subdivision from the residential area east of what was then First Avenue South (now Walker Lane); and, WHEREAS, after being replatted, the Parcel was commercially developed including a gas station, bowling alley, grocery store, fast food restaurant, office building and a three story hotel in construction; and, WHEREAS, after the property was rezoned, it was replatted in 1984 (Plat Number 84- 305); and, Resolution No, 2007-62 Page 2 of 2 WHEREAS, Plat Number 84-305 removed the buffer zone on Lot I -A that had been included in the previous plat; and, WHEREAS, the minutes of the March 23, 1983 Advisory Planning and Zoning Commission indicate the buffer was removed to allow development of residential lots along the west side of Walker Lane; and, WHEREAS, the Council of the City of Kenai finds that the west side of Walker Lane is not suitable for residential development; and, WHEREAS, Council of the City of Kenai finds that a buffer is needed between the commercial development on the Parcel and the residential development on the east side of Walker Lane; and, WHEREAS, on October 3, 2007 the Council of the City of Kenai authorized the City Manager to enter into an agreement with Homer Electric Authority (HEA) whereby: 1) the City would grant HEA a twenty -foot (20') utility easement along the entire western boundary of Lot 1-A; 2) the City would clear and grub the easement area at its cost; 3) HEA would agree to retire the existing 24,900 volt overhead transmission main and vacate its sixty -foot easement along the eastern boundary of Lot 1-A within five years at no cost to the City; 4) that Aspen Hotel has agreed to compensate Alaska Communications System (ACS) to move its underground communication cable from the existing sixty -foot (60� easement to the proposed twenty -foot (20') easement; and, WHEREAS, the Council of the City of Kenai finds it is in the best interest of the City of Kenai to replat Lot 1-A as shown on Attachment "A" and re-establish a buffer between the commercial development on the Parcel and the residential area on the eastern side of Walker Lane. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council of the City of Kenai authorizes the City Manager to proceed with replatting Lot 1-A, Sprucewood Glen Subdivision Number Two, Kenai, Alaska as shown on Attachment "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR 47 I NOTES 1)D op. t 1 It k. y wr aoM9 t 2) N• e 1 em - Row p ne a . mP o.<e e m a t t Al sp o pore l e >o r l A) p P a Iti ty D 1 1 n a f i dY M =R Yy •f J1d.y 4) gASltpgTER_U1SY9S9L fl - enc'a dzposd m. t 1 9 t y 1 t11F<<N�zko O�Por of E- ea e+ e c H 1w1. .1 n<re.-r«xrrea r« o wrar emp to «r==n me d tm• •+sa nom in. ..ia<..na w•o =oal n[ wclkv=tore, wd iz not Ften,-tlOea m. Iw zrmmlYn tl=xiepment s) m =• .DAa 11, __, Nomtt E1«o-m Asroe!o::<n nm rAD n. nmy <o4nmom a+•.n mmrnee m m= edz:F9 PoaerPna. -t1RVFYOR'S fERT{FICAT� I n<rens <=my mar. 1. rtm p.epenr r.9rstu.a a+a r me.a m Prucn« 1oAo <�on-.9 ' .. sm< or kr,<w, m1+ pm .epr= �r.Tr mm.. ne� .. rna.. mr ak<cl ..p•. me I.o.r1 ne. o<+•mr a!m o• e.:<rro.a, and slantard of Proc.iee of Imtl sarwy in me Aole o/ kcha! IVY O 5JR' Rer , (!<una) • 5(8' fivaw (acl) L 1 - .Pry ooa a.,. SUCa. No. 2 Prot # D9-. KRD Lawton Drive D<me�.n mR Prat I I � CN 1 � - 1 I� I (( 3 � m m 1 m� I NI ^ `I 1 \ s°� i afg L �8 \ E iQ, to i -yyyyyy `f I„ I I �o 1 1 I 1 / IJ 1 1 � ' ! Nno srveY[ Tern Av i I<ac r z2 2H ftT 3z J i 1 16N `40NiTY I AP N T CERTIFICATE of OWNERSHIP and DEDICATION M "ER0, fTF., WT WE ME THE V"ERM Q THE RUL PR�EFtt SHOWN kiD DESCRIBED HEREON AND THAT WC HEREBY ADPT 11H5 PUN OP S ND !DON ANO BY WR 1CONSENT NDIC4m ALL RICH15-OF- MY MD P11911C WAE SD IVRUC. 1! AND [RANT ALL EASEMENTS TO 1HE USE MOYM. ClW f �etl1�EWYTivno9tt = of '. E.D.I. Arovka 99611 NOTARY'S ACKNOWI-EDGMENT $UD.V!DED xxo "W DETDRE ME nns UAY GF A6TARr 5J6[iCTb4' ccMu9sox npwE PLAT APPROVAL H115 PLAT WAS APPROVED OY `DR NLNN PENiHS LA VMDJDD PUNNING C.I. AT THE MEEnHG KENN IE WA.A 80E.. s3uaxlzco�es I Flu Na 2009-E?? 1 Sprucewood Glen Subd. RECORH 2008 Replat (NSL 1 A zu66Nebn W Lot 1-A Nrvce�e=a oen SYba xw 2. DALE_..__.____ 20_ Plot Nu ga-IDS K90. L!ME+------ —K Lomtea alnio me nEtl". xEl/a s••nm 5. LSH, Rnw, Sp., REWESRO BT: Cay of vmv;, Nmoi R=<wdng Distrk4 Kmv: Pen!nsula INR.GRITY 4rRKTS Bwou9M1. Nnskc. Br45 AlKENSPUR D " Om4onN9 1760 A... KENH_ AEASKA 99R11 0199 Nonni Spur HxY Kenvi, Atnrt�rt 99fi11-8902 SIIRIEYORS tV?O afl)_; ttkiNENS N1/16 pUsitiUn u� IJz.cYm fE1D &: p51c 4++aW Cm ATTACHMENT "A" Meciyof / KENAI, ALASKA ""Village llage witk a Past, 210 Fidalgo Avenue, Kenai, l ,aJKa yj&bi 1-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 111 1 1992 MEMO* TO: City Council FROM: Rick Koch DATE: October 12, 2007 SUBJECT: Resolution 2007-62, Lot 1-A Sprucewood Glen Subdivision Number Two Re -Subdivision The purpose of this correspondence is to discuss the preliminary plat administration was directed by Council to bring back to the October 17c' meeting. Administration has developed two proposed alternatives. Alternative Number One What is presently Lot IA, comprising 3.76 acres, is proposed to be subdivided into Lot A (0.79 acres), Lot B (2.84 acres), and a 50' ROW dedication of Lawton Drive (0.14 acres). Lot A is Located in the north portion of the subdivision. It abuts Walker Lane on the east, the Kenai Spur Highway on the north, a private commercial development on the west, and the proposed Lawton Drive ROW on the south. Administration does not propose this lot be designated a buffer strip. This property would provide minimal buffering for the neighborhood along Walker Lane to the south, and probably has significant value to the Airport Land Fund as a commercial development. Lot B comprises the majority of the subdivision (over 75%). It abuts Walker Lane on the east, the proposed Lawton Drive ROW on the north, commercial property including the new Aspen Hotel on the west, and Tern Avenue on the south. Administration proposes that this lot be designated a buffer strip. The trees and vegetation contained in this buffer strip, including the utility easement to be vacated by HEA will minimize potential conflict between the residential subdivisions to the east of Walker Lane, and the commercial developments to the west of the proposed buffer strip. The proposed 50' ROW dedication of Lawton Drive, overlays the existing 50' wide easement acid public right-of-way, and utility easement at this location. There is an existing roadway providing access to the new Aspen Hotel, as well as McDonalds, Three Bears, MediCenter, and the existing commercial building presently housing Hall's Fish & Chips that is scheduled for a major re-model/expansion. This proposed re -subdivision of Lot IA under alternative number one provides the following benefits and detriments: Benefits 1. Proposed Lot B is dedicated as a buffer strip along Walker Lane providing a separation between residential development and commercial development. 2. An existing 60' wide HEA utility easement inside the proposed buffer strip will be vacated on or before October 31, 2012. 3. Proposed Lot A is maintained as a commercially developable property for the benefit of the Airport Land Fund. 4. The existing access road, supporting existing and future commercial development is dedicated as a platted ROW, overlying the existing 50' public right-of-way and utility easement. Deteriments 1. Some property owners along Walker Drive and in Central Heights Subdivision will oppose the property encompassed by the proposed Lot A being available for development. Alternative Number Two What is presently Lot IA, would remain Lot 1A, and in its entirety be designated a buffer strip, except for the pre-existing right-of-way & utility easements. Lot I abuts Walker Lane on the east, the Kenai Spur Highway on the north, private commercial development to the east, and Tom Avenue to the south. The designation of Lot 1A, in its entirety as a buffer strip under alternative number two provides the following benefits and detriments: Benefits 1. Provides the maximum amount of buffer strip to surrounding properties. 2. An existing 60' wide HEA utility easement inside the proposed buffer strip will be vacated on or before October 31, 2012. Detriments 1. A portion of Lot IA will not be available for potential future development thereby denying future revenue to the Airport Land Fund. There is a variation that might be considered by Council for alternatives number one as presented by the administration: 1. Include a 20' buffer strip along the southern boundary of Lot A (along the proposed Lawton Drive ROW). Administration Recommendation Administration recommends the approval of Resolution 2007-62 — Alternative Number One. This alternative provides for the creation of a buffer strip along the majority of Walker Lane, reversing the Council action of 1984, which removed the buffer strip. This also provides for a small commercially developable property in an area of increasing property value that will bring future revenues to the Airport Land Fund. Please find the following attachments: 1. Preliminary Plat — Alternative Number One 2. Preliminary Plat — Alternative Number Two 3. Grant of Easement, dated August 4, 1986 I NOTES. 1) o Wop. (vl l 1 bk5t 1 ITmtT of Km6s:mim9 qv ( 3) No prlwl em 1 W 1- a POW P pl a I a ryDrmea ny the Stole v! 1 0 pmf 1 a) xo n•�memm a n m t o c e w m.e a o(0 tyueu+errren[ hkb.-Id - 1 1 IF IT, Oi'1y tTe Uti ty () y15?IF.YtAlE@PlSP9SAL % M 1 d' P Sd 1'Ot mee` EnvYnnn nlul9C naerwibr. ('!y Wvlc $ eewu 6 o.uPfLlC en e WT., stly m .... en m. �cld v . «mt .i tnl:' m.emanm r m m. a=m.mm <... :,fmam m� aalevm.m. 6) le n egreemen. recmaeE Hmmtt Elec.lc Assocbtlon will rei pv156 IM1e 60 ((. vi01(y easement ano.rn attocnea (o tb! u«�M9 po.e.w.e. �.Te9en[ PtE Qf Atgsrrr = i 49ltt i3A �r YA.Si� y�� SURVEYORS CERTIFICATE 1 naeey c<rtIry tout. I vm orcgenr rt9htcea ane Ikmsm (o mo<noe I.oa sn.<pn9 + e sfvl= a x..N . tnu v>°1 (� morrlummt+ eFolm�hneen vLluvTy <mtym As rPoe4 mJ .f«,a,rmeer v'R+tl. oitlme srt«p-t m ln. s<f. of uMua e� jvo"� o41 t'tj kay tR 1 a 1 I �Lawton Drive w.<I vnm r OvdcvtW the Plal 1 1 IEGEND- MmumeTI.895541'i. I 01.64' o s/s- am.. (m «6) Tern At, () Sue6 Nem2 R t! 8f-]0.51tR0 U U U W poanloa p u- JB xaf- /20 �' en�-Cl ml6 � t r N Ti 35 B1 I Fs / t3J 32 � 9 ..� C i6x •.. r I �M PP �.5 _•maw T CERTIFICATE of OWNERSHIP and DEDICATION a£ HEREBT TTRIAY TEM K ME THE ClmEfke) W THE Rut P u," I., Ax0 OESCRIKD HEREON Ax0 THAT T HEREBY ADOPT TOES 1'LAH " NBOINSIOx =.HO BY WR iREF CO.S ' OFUICAIE ALL M-THS-CE- WAT .N PVOtJC EAS 10 PHBIIC V E, . HTT.1 ALL EASCMEYR O THE E..O y Lana9n Clty of Y.envl x10 Kenei M.A.l961 , .o 9961T NOLARY S ACKNQ�UDGNIENT SHA..m AXo sMpiN KlE f ME 11s __ OAY zoo=—_—__-- M CWNi4W IvITi-_ _..." PLAT APPROVAL TM¢ ru= wAs AOET 9 RY ME KE"uAl vEMHSHu eOFWtM FIAHMRc COMM1sSON Ai 1NE uFEMJO M__,____ rtEUN PCHWSIRA BQtWPt vzTi+ lII6"N I, - REeoROEe Sprucewoad Glen Subd" aEc ms1. 2008 R.Plat .oeal.l,lm a tot I -A sP.M==•tea am wna. xv. z PAl£___._z0__. Glof Ho. 61-Jos KNO. 1ME: M IPcol=a +IIM1In IM HIT/1, .0/1 $ecxm S. 15xr RIII SM., REWE51E0 BT: BNyKmateemvi Rttoat.g Walrkt Nmvl Penhrvly MSEWItt 5KY5 Alw 0195 KENM SPUR 11 T Cpl{enh9 A]60 nco KENAI_µASKA 9s6I1 tY"R�f1�iALl% 8199 NenviOSpur H«Oy svR.smrs Kmvl. AloeYe 99fit1-8902 ATTACHMENT"A" NOTES: 1) Dewlopmwt of these lots is subject tothe City of Kevab zonvq requlollona. 2) Be pvwte oche- to Stale -Ir WILeO ROW. P.-h rs unless approval by Ibe Smm of A... Deporlm-r of Hinspartar-. 3) No pe -anent ahucture v1,v be cm rvc[eE or plviceC vltM1en a ..1 tsyeasement ch t wh .-Ld ohr"ereswth the ablty of a Uttlty m e the ....them. 4) WASTEWATER OISPOSA Fe f t wato E.poavl. Net meet requlalwy requ cement n t the Alaska Deportment of Enmrevmentvl C-Pee-tich, City Writer k z.... It aw'loble 5) Lot 8 oz shown here-'z ewer. for o hurter strip to sheen the c cMl ar a went Of this emt'mson Y. the esmem,m o... ever .1 WmFar Lane, ma's not aI-dM1 her eeaelapment. 6) In be a9.ererent Topped.Homv Or Aseoomt- wlI rM0P, Ah the 60 R. utility easement shown Ditched to the .M.U.9 Pvwerp- _ BPS 0.FA4 11, A I ,h-49M YA %N Q§Fg10 E IA ' SURVEYOR'S CERTIFICATE I hereby .nary that: I om 11.11,p. ern ono hoenaea tv practice bosh ...Y., In the Stole of Alaaka. this plot hop"res o ae.ey mebe by me a enter my ltrect eupaMalon. me maneri mo.n hereon ocmolry mat as t.., ant ml tlln-Pam Dad ocher mtnus o. nest to the h—Rl ,rgeots of p.ac6a Iw of o wnep a Is the Slate v1 No., LEGEND: M-amen, (foam) O 5/8' Reber (fount) s 5/8' Bob., (set) [ 7 Recam Dawm - sprusavvae fJen SubG. No. 2, Plat A 8,38s KRD A",II/il �0°s"I 3' No(d' � E9 ry68\ 1 p°vt �J� 1 IN 3 I al i I P, I � I w I t7 A ROW Von- AofI CNj aN 31ENN T ESN vlclNlTv 5 "°', MAP r">i - - e I{�Irs- CERTIFICATE of OWNERSHIP and DEDICATION WE HERETTY CERTIFY THAT WE ARE THE ORNEA(5) OF THE REAL PROPERTY SHOWN ABU DESCRIBED HEREON AND THAT WE HEREBY ADOPT THUS PLAN OF WDDMSON AND BY MR FREE CONSENT DEDICATE ALL RIGHTS-CF- WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS TO UE USE SHOWN. City of Kenai 210 Firi Street Kenvt Alaska 99611 NOTARY'S ACKNOWLEDGMENT SUBSCRIBED AND SWORN BEFORE ME THIS __.._. DAY OF 200) FO -Y � rc POTMtPMR�-_._ I m NT COMM15810N EXPIRES —.- PLAT APPROVAL THIS PUT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PUNNING COMMISSION AT THE MEETING OF KENAI PENINSULA HOROUGH ADma RECORDED REC. DIST. DALE: 20_ ITME: —M REDDEST£° BY: INHENRIIY SURVEYS B195 KENAI SPUR HWY N1/16 KENAI. ALASKA 99611 position 1 1 ARY NO EVEN D SAC B FILE No. 2 -E?P Sprucewood Glen Subd, 2008 Replat A -btlnalan v11.1 1-A Sprah—ceJ Olen Subd, Nv. 2, Plot Nv. 04-b5 KRD. 1-creel wlthle the NEI/6, NEt/4 Section 5, TSN. HIM SM City of ww9HK Alvakoenal Recwtgl9 DiBItel, KenOI Peny ineul B Conloining 17.0 Aoes A�/ �i �e tf�y c�i/NDP�y wi. .1.5 Kenai Spur Hwy Kenai. No Pike MRHI-6902 8NyhA,S P (m1!?LV_9M1 "DiRmS BooK0293MF284 Z�-n- %d TIM ROGERS CITY ATTORNEY CITY OF KENAI s- ?b MAI, A,A5KAA NA5KA 93E1 2P]4599 GRANT OF EASEMENT Know all men by these presents, that the CITY OF KENA.I, 210 Fidalgo Street, Kenai, Alaska 99611, hereinafter called Grantors for and in consideration of Ten Dollars and other good and valuable considerations in hand said, do hereby grant and convey to EDWIN R. LOWRY, 10819 Kenai Spur Highway, #125, Kenai, Alaska 99611, an easement and public right-of-way, upon, across, in through, and under the following described real property situated in the City of Kenai, Kenai Recording District, Third Judicial District, State of Alaska, to wit: An area commencing at the Northeast corner of Section 5, T5N, R11W, Seward Meridian, Alaska, proceed SO 05' 00" W 149.45 feet along the section line common to Sections 5 and 4 to a point; thence N90 00' 00" W 33.00 feet to Corner Number One and the Point of Beginning; thence SO 05' 00" W 50.00 feet to Corner Number Two; thence N90 00' 00" W 120.00 feet to Corner Number Three; thence NO 05'00" E 50.00 feet to Corner Number Four; thence S90 00' 00" E 120.00 feet to Corner Number One and the Point of Beginning, containing 6,000 square feet which is situated in the City of Kenai, Kenai Recording District, Third Judicial District, State of Alaska. reserving, however, to the Grantor, his heirs and assigns, the right to utilize and enjoy the above -described premises subject to Alaska Statute Sec. 29.71.020 (§18 on 74 SLA 1985). Signed and delivered this +L1 day of AOQL)5T , 19B6. STATE Of ALASKA as. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this � day of 1986, EDWIN R. LOWRY, being personally known to me �Pea,2d ngproduced satisfactory evidence of identification, • Before me and acknowledged the voluntary execution of the fore -going, instrument. STATE OF ALASKA as. THIRD JUDICIAL DISTRICT Notary Pu lic for Alaska. My Commission Expires: THIS IS TO CERTIFY that on this % day of , 1986, WM. J. BRIGHTON, being personally known to me or produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary execution of the foregding; instrument. U Notary P- blic for AS aska, 1 _ My Commission Expires 7 /Ol Carol Freas From: Richard Kelso [rkelso@alaska.net] Sent: Monday, October 15, 2007 8:29 PM To: Carol Freas Subject: Walker Lane Buffer Strip Dear Ms. Freas, My name is Richard Kelso. I'm uncomfortable speaking in front of Council, but wanted to express my point of view. I live at 117 Walker Lane, Kenai. My wife and I bought our property 11 years ago and were under the impression that the strip of trees in front of our property was a buffer strip. We brought our concerns to the City of Kenai, Wed 3rd Oct. A lot of Walker Lane residents expressed their concerns too. I was certainly under the impression that the committee had listened to many of our concerns and that the council was proposing replatting Tract 1A, Sprucewood Glen Subd. No. 2 to be reinstated as a buffer zone with no further development. I was shocked to read the resolution (No. 2007-62) put forward by the administration for approval at the Oct. 17th council meeting. It was not what the City Council had discussed. We are now seeing a proposal to split Tract 1 A into two lots, A & B. While Lot B has been designated a buffer strip, Lot A remains open for commercial development. This seems to suggest that the administration feels that those residents who live in front of Lot A don't deserve a buffer strip. It is saying that their property will be worth less, it is saying that their children will not be as safe with the increased traffic, it is saying that the revenue the city will generate for this property is worth more than all these things. It's a hard decision, but the right decision is to keep the entire lot as a buffer strip. Please do the right thing - amend the plat to include both Lots A and B as a buffer strip as recommended at the Oct. 3rd City Council Meeting. I appreciate your willingness to listen to a concerned, tax paying resident. Sincerely, Richard Kelso 1.0/16/2007 Carol Freas From: Merri-Gary Duby [merrid@gci.net] Sent: Wednesday, October 17, 2007 2:05 AM To: kenaimayor10@msn.com; cpajoe@altrogo.com; Iswarner@acsalaska.net; rossrck@hotmaii.com; bob@molloyforcouncil.com; "barry eldridge"@yahoo.com; mboyle@alaska.com; brittharding23@hotmaii.com Cc: Carol Freas Subject: Resolution No. 2007-62 Good Day to You All, Please do not mistake my absence as not caring about the particular above referenced proposed resolution_ I have been a resident of Kenai since 1974. I an. a registered voter and vote every election opportunity. I am married have two children, a grandchild and consider Kenai. home. I have read the resolution and have reviewed the attached plat. I am more confused than I am clear. It would appear by reading the resolution Lot A is the only parcel of land at issue yet in looking at the attachment it seems the (buffer strip) as reflected in Lot B is also at issue. I admit my delay in self -education (please rote the time of e-mail) has resulted in my inability to ask questions of those who may have answers. Therefore, I forego the po'_itical approach and plea directly from the heart. I would ask before you vote at this evening's meeting with regard to resolution no. 2007- 62 you first get in your vehicle and take a drive. Drive the Spur Highway and look at the new construction of the Aspen Hotel. Loop around Bridge Access to Tern Avenue and travel North on Walker. Lane. Open your eyes and really look. Stop in front of each 'home' and look. Then close your eyes and imagine what you would see without a buffer zone fall of existing trees. As you reach the last few 'homes' and stop I recommend keeping your eyes wide open and ask yourself what would you desire if this were your view from your living room window. I would ask you to vote accordingly. Is there not a way to access and utilize the already cleared strip of land where the current overhead power lines exist? I would submit no fantastic landscaping can replicate what nature already has in place. I clearly understand the benefit of development. I better understand my home town, our home town, community quality of life. It would seem to me that instead of the two butting heads a meeting of the minds could intertwine the two beautifully to benefit all. Please uphold the current quality of life for the residents who reside on the West side of Walker bane. Please vote with your eyes wide open. With heartfelt sincerity, Merri Duey fka Swearingen 606 Ponderosa powerlines, AN 99611 283-3844 merrid@gci.net 1 Suggested by: City Manager CITY OF KENAI RESOLUTION NO. 2007-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING APPROVAL OF A PROVISIONAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR KENAI LANDING INC ("KLI") FOR PUBLIC WATER UTILITY SERVICE. WHEREAS, the City of Kenai has Certificate of Public Convenience and Necessity No. 125 issued by the Regulatory Commission of Alaska to provide public water utility service in a service area in and around Kenai; and, WHEREAS, KLi has applied to the Regulatory Commission of Alaska for a Provisional Certificate of Public Convenience and Necessity to operate a water utility service in the following property: 1. Lot 1, Kenai Landing Cottages Subdivision official Plat No. 2005-29 containing approximately 6.86 acres, more or less. 2. Tract A, Kenai Landing Cottages Subdivision Plat 4 KRD 2005-29 consisting o£49L15 acres. 3. The south 330 feet of the south one-half of the northwest one -quarter, the south 330 feet of US Gov't Lot 14, and a 30 foot road easement being the west 30 feet of the northwest one -quarter of the northwest one -quarter, all situated within section 17, TSN, RI 1W, Seward Meridian, Alaska in the Kenai Recording District. 4. The northwest one -quarter of the northwest one -quarter of the northwest one -quarter, and the north one-half of the south one-half of the northwest one -quarter of the northwest one -quarter, and Gov't Lot 13, and the north one-half of Gov't Lot 14, all situated within section 17, TSN, R11W, Seward Meridian Alaska, in the Kenai Recording District. and, WHEREAS, the proposed service area of KLI is within the water utility service area granted to the City of Kenai by the Regulatory Commission of Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai City Manager is authorized to submit to the Regulatory Commission of Alaska such material as may be necessary to allow KLI to operate a water utility within the above described property under a Provisional. Certificate of Public Convenience and Necessity, as described in KLI's application materials to the Regulatory Commission of Alaska, subject to the terms noted below; and, RESOLUTION NO, 2007-63 PAGE 2 OF 2 BE IT FURTHER RESOLVED that the City Manager is authorized to negotiate such terms as are appropriate for the City so that, among other things, (1) the KLI water distribution system is properly engineered and constructed to be compatible with the City's water utilities in the event that systems are connected in the future, and (2) KLI's Provisional Certificate of Public Convenience and Necessity for water utility will be canceled at such time as KLI's water system is connected to the City's water utility if such connection is made; and, BE IT FURTHER RESOLVED that upon the successful negotiation of appropriate terms as noted above, the City of Kenai supports KLI's application and provision of water utility service to the area proposed as a cost-effective way to provide utility service in this area that is a significant distance from the existing City of Kenai water distribution system. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 2007. ATTEST: Carol L. Freas, City Clerk PAT PORTER, MAYOR M AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 3, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS b.ttp: / /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance 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, Brenda Ahlberg, Boys & Girls Club of the Kenai Peninsula -- Club Update 2. Kellie Kelso -- Cutting of Trees Between Aspen Hotel and Walker Lane. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) 1. Ordinance No. 2230-2007 -- Amending KMC 2 1 . 10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension from 35 to 55 Years. (Approved for reconsideration 616107; postponed to 7/ 18/07; postponed to 5/ 15107; postponed to 1013107. The motion to adopt is active.) a. Ordinance No. 2230-2007 (Substitute A) -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. b. Ordinance No. 2230-2007 (Substitute B) -- Amending KMC 2 1. 10.090(d)(1) and (2) By Establishing Different Requirements for 51 Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. Ordinance No. 2253-2007 -- Increasing Estimated Revenues and Appropriations by $1;000 in the General Fund for a Library Grant. 3. Ordinance No. 2254-2007 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Library Grant. 4. Resolution No. 2007-58-- Transferring $40,000 in the Runway Safety Area Improvements Capital Project Fund for Engineering. ITEM F: MINUTES *Regular Meeting of September 19, 2007. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by $36,909.53 in the General Fund to Properly Account for In Kind Services Provided to the Soccer Park Capital Project Fund. 4. *Ordinance No. 2256-2007 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Public Safety Garage Capital Project Fund for a State Grant. 5. *Ordinance No. 2257-2007 -- Increasing Estimated Revenues and Appropriations by $888,562.42 in the Municipal Roadway Paving Capital Project Fund for a State Grant. 6. *Ordinance No. 2258-2007 -- Increasing Estimated Revenues and Appropriations by $592,541.34 in the Wildwood Drive Capital Project Fund for a State Grant. 7. *Ordinance No. 2259-2007 -- Increasing Estimated Revenues and Appropriations by $1,150,139.22 in the Marathon Drive Capital Project Fund for a State Grant. *Ordinance No. 2260-2007 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited Storage of "Junk," "Garbage" and "Litter" Under the City Code. 52 9. *Ordinance No. 2261-2007 -- Increasing Estimated Revenues and Appropriations by $12,658 in the General Fund to Pay for Training Ammunition, Small Tools and Improvements to Police Department Report Writing Stations. 10. *Ordinance No. 2262-2007 -- Amending KMC 14.15.060(b) to Change the Height of House Numbers From Three Inches (3") in Height to Four Inches (4") to Provide Consistency With the International. Fire Code. 11. *Ordinance No. 2263-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Deferred Maintenance Items at the PRISM Facility. 12. Approval -- Update/Kenai City Council Policy for Commission, Committee, Board and council on Aging Meetings and Work Sessions. 13. Discussion/Approval -- Dedication of Utility Easement/Lot 1, Spur Subdivision No. 1. ITEM I: COMMYSSION/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 C. Joint Kenai River Working Group d. Mini -Grant Steering Committee ITEM 3: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk I., Citizens (five minutes) 2. Council ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 53 Ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Reserve. (7/18/07, Tabled, no time certain.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT 54 KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 3, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ei.k-enai-ak.us MAYOR PAT PORTER, PRESIDING MINUTES Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Telephone contact was made to Council Member Swarner. The City Clerk took roll. Present were: Rick Ross Robert Molloy Mike bo le Pat Porter, Mayor Joe Moore, Vice Mayor Linda Swarner (Telephom Barry Eldridge A quorum was present. Also present: Brittany Harding, Student Representative Requested changes to the agenda were as follows: • Move Item B-2 to B-3 (Kellie Kelso/Cutting of Trees/Walker Lane) • Add As B-2, Fire Chief Tilly (Presentation of Hurst Rescue of the Year Award) • Move Item H-13, Dedication of Utility Easement to be heard immediately after Persons Not Scheduled to be Heard. Council Member Molloy MOLTED for approval of the agenda with the requested amendments. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA 55 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 2 Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Brenda Ahiberg, Boys & Girls Club of the Kenai Peninsula -- Club Update Ahlberg's presentation updated council and audience of events, activities, and available programs at the Kenai Club. Alilberg also noted, the Boys & Girls Club of the Kenai Peninsula would be celebrating its 20th anniversary in the near fixture. B-2. Fire Chief Michael Tilly -- Hurst Rescue of the Year Award Tilly explained the award was given yearly for a difficult rescue with extenuated circumstances utilizing a Hurst tool. Tilly reviewed particulars of a vehicle accident that took place on November 24, 2006 and noted he applied for the award. Tilly introduced the Kenai firefighters/EMTs who made the rescue and the person rescued. B-3. Kellie Kelso -- Cutting of Trees Between Aspen Hotel and Walker Lane. Kellie Kelso, 1171 Walker Lane, Kenai -- Expressed concerns the treed area along the east side of Walker Lane, assumed by many to be a dedicated buffer strip when purchasing their properties, would be removed with the development of the Aspen Hotel. Kelso noted: Referring to information included in the packet, gave a brief history of the treed area, i.e. borough records states the property is zoned residential, however it was actually zoned commercial and was not a buffer zone. The treed area was under threat due to HEA wanting to move its easement. The residential area along Walker Lane is the only major residential area in the city abutting a major commercial area. The cost to the city to move the easement would be approximately $10,000, however the loss to the community would be the loss of recreational opportunity for residents, loss of approximately 450 trees, as well as increased litter, increased traffic, noise and safety concerns for children. Kelso reported, in discussing the issues with residents of the area, they would like the area to be rezoned to Conservation and to keep the area as a buffer strip. 56 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 3 ITEM Ct UNSCHEDULED PUBLIC COMMENTS (3 minutes) Jaequie Oberg, 406 Rogers Road, Kenai -- Stated her objection to the loss of the buffer strip and agreed with Kelso, and referred to the Comprehensive Plan related to development being separated from residential areas. Sheryl Samples, 302 Sterling Court, Kenai -- Stated she checked with the borough as to what the developer would be doing, learned the treed area is city -owned property, a green strip, and no development would take place. Questioned why the easement was not discussed prior to the hotel development. She also stated the treed area served as a buffer from noise and wind. Debbie Barris, 310 Portloek, Kenai -- Expressed concerns of potential loss, noted the Comprehensive Plan emphasized the need to maintain green spaces and buffers between commercial and residential areas, requested council to carefully consider the zone and what the future use of the property, and stated the need to keep the buffer between the commercial and residential areas to keep the area livable for the residents. Sheila Phillips, 380 Senior Court, Kenai -- Spoke in support of a buffer area, noting fencing was required between the One Stop and residences in the Thompson Park area. Laurie Bookey, 150 Walker Lane, Kenai -- Spoke in support of a buffer area, agreed with Kelso comments, and noted when purchasing their home, it was understood it was a buffer zone and hoped council would take that into consideration. Sheryl Main, 207 Walker Lane, Kenai -- Spoke in support of a buffered area noting tourists want to see trees and requested the buffer stay. Kay Aber, 205 Portlock Street, Kenai -- Thanked the city for assisting in cleaning up the neighborhood and spoke in support of keeping the buffer zone. Bruce Steiner, 1312 Lawton Drive, Kenai -- Noted pressure on council to generate more income for the city due to cutbacks in state funding for paving, etc., but encouraged the green strip be kept. Anthony Reims, 113 Walker Lane, Kenai -- Spoke in support of keeping the buffer zone, noting the new hotel would loom over the existing trees. Dan Grant, 201 Walker Lane, Kenai -- Spoke in support of keeping the buffer zone, noting the woods make the area more livable. 57 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 4 Laurie Williams, 111 Walker Lane, Kenai -- Spoke in support of keeping the buffer zone as a separation between the commercial and residential zones. H-13. Discussion/Approval -- Dedication of Utility Easement/Lot 1, Spur Subdivision No. 1. City Manager Koch reviewed the information included in the packet and noted the following: f Two issues had been brought up and Administration was bringing forward only the easement, i.e. land use was not a part of it. The issuance of the 20' easement in exchange for the existing 60' easement on the property would protect the property as a buffer strip more than it was currently or in the fixture. Y Administration believed it would be in the best interest of the city to grant the easement, the vacation, and removal of the power line in the existing easement for whatever purpose ultimately decided for the property. ® Research indicated the strip had been platted as buffer strip (recorded 1978); significant discussion took place by city administration, Planning & Zoning, and others in 1984 related to platting lots and the ultimate use of the property, i.e. rural residential, commercial, etc.; the 1978 plat indicated Lot I was a 120' buffer strip and a plat note stating the lot was reserved for a buffer strip to screen the subdivision from the residential area east of First Avenue and was not intended for development. 6 The 1984 replat of the area indicated the removal of the buffer strip designation. N HEA and other utilities exist in the 60' easement and approximately 25 feet of the easement has been cleared though there was nothing to keep HEA or other utilities from clearing more of the easement. Because HEA was receptive to vacating the 60' easement and placing utilities underground in the 20' easement, he had the surveyor contact all other utilities to learn if they would be willing to agree the utility easement would not be needed for their future purposes and all agreed to do it within five years. ® Aspen Hotel agreed to pay ACS to move its utility out of the 60' easement. i It would be a council decision whether or not to use the property for commercial purposes or a buffer strip. Discussion followed with comments including: R The 20' easement would be on the side of the trees and not on the side of the road where all utilities would. be placed underground. e in order for the work to be done to bring power to the hotel, it would be better to go forward with the easement trade as soon as possible. KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 5 • Because the property's dedication as a buffer strip was part of the sale transaction related to the adjoining grocery store property, the Airport Fund had already been compensated for the property and would not require the General Fund to purchase it from the Airport Fund again. Reasonable direction would be to trade the 60' easement for a 20' easement with the argument related to the original use of the property as being a part of the commercial sale. e Suggestion to postpone the issue to the next meeting inorder to receive additional documentation related to the original use of the property, easement discussion, costs, mitigation, etc. • Bring forward a resolution to do the exchange of easement as long as it contained historical acknowledgement related to the establishment of the buffer zone and the earlier commercial transaction. To move the easements would require replatting and suggestion to include intent language to put the property back as a buffer within the replat. • Suggestion to work through the easement immediately in order for construction to proceed and bring a resolution forward related to the buffer at the next council meeting. MOTION: Council Member Ross MOVED to direct Administration to proceed with the easement exchange with HEA and at the next meeting, a resolution be brought before council setting aside that area for a buffer to be noted on the plat. Council Member EIdridge SECONDED the motion. It was noted, passing a resolution to commit the property as a buffer zone would not be guaranteed as platting was a borough process, although council would have the ability to veto actions that may be taken. VOTE: *Student Representative Harding: Yes Ross Yes ( M0112Y No Boyle No Porter Yes Moore Yes Swarner Yes Eldridge Yes ITEM D: REPORTS OF KPB ASSEMBLY LEGISLATORS AND COUNCILS None. 59 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 6 BREAD TAKEN: 8:17 P.M. BACK TO ORDER: 8:38 P.M. ITEM E: PUBLIC BEARINGS (Testimony limited to 3 minutes per speaker.) E-1. Ordinance No. 2230-2007 -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension from 35 to 55 Years. (Approved for reconsideration 6/ 6/ 07; postponed to 7/ 18/ 07; postponed to 8/ 15/ 07; postponed to 10/3/07. The motion to adopt is active.) E la. Ordinance No. 2230-2007 (Substitute A) -- Amending KMC 21.10.090(d)(1) and (2) by Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. E-1b. Ordinance No. 2230-2007 (Substitute B) -- Amending KMC 21.10.090(d)(1) and (2) By Establishing Different Requirements for Determining the Length of a Lease Extension and Extending the Maximum Term of Lease Including Any Extension From 35 to 55 Years. MOTION TO SUBSTITUTE: Council Member Eldridge MOVED to substitute Ordinance No. 2230-2007 with Ordinance No. 2230-2007 (Substitute B). Council Member Ross SECONDED the motion. MOTION TO AMEND: Council Member Eldridge MOVED to amend the matrix by eliminating the line for the 15-year lease term and make the 20-year lease term read "from $200,000 to $399,000" and eliminate the 25-year lease term and making the 30-year lease term read 'from $400,000 to $499,000 to give folks more opportunity to get in for the ten, 20, 30-year leases and makes the matrix less complex. Council Member Ross SECONDED the motion. Koch explained Administration had no objections to the amendment, and it had been his intention to have something more linear, but he was more concerned with the long leases that the level of initial investment or continuing investment would be reasonably substantial. KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 7 Eldridge stated his concern with the Airport Commission's matrix was that at $300,000 one could receive a 55-year lease. He believed it was not appropriate, there was a need for more investment at the airport, and the matrix should encourage more investment and receive a reasonable lease term. +C� *Student Representative Harding: Yes Ross No 1 Molloy Yes Bo le No j Porter No Moore No Swarner No Eldridge Yes s r � Further discussion on Substitute B as presented included: • Preference for Substitute A and the matrix recommended by the Airport Commission because it would be more accommodating to the small business. o Koch reviewed reasons for development of the matrix as submitted in Substitute B and A. He also suggested another matrix be included for general aviation, i.e. longer term lengths for less investment. MOTION TO AMEND: Council Member Molloy MOVED to amend Paragraph 1(b), Page 36, removing the words "or more", and Paragraph (2), Page 37, removing the words "Except for subsection (d)(6) below," begin the sentence with "The bonafide third -party purchaser..." Council Member Boyle SECONDED the motion. VOTE ON AMENDMENT: *Student Representative Harding: Yes Ross Yes Mollo Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes Comments included: Y The KEDS group reviewed the matrix and supported it as presented. 61 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 8 • Suggested modifications with other terms for general aviation would be considered in a separate section. Concern of appropriateness to include general aviation in the Substitute B matrix. f Appreciation of work done by Administration and the Airport Commission, but disappointment with the Commission's recommendation; no compelling arguments that the original ordinance with 35 lease term and 20 year contractual right for renewal would not accomplish what had been discussed; and, the need to move on. VOTE ON ORDINANCE NO. 2230-2007 (SUBSTITUTE B AS AMENDED): *Student Representative Harding: Yes Ross Yes Molloy No Bovle No Porter Yes Moore No Swarner No Eldridge Yes MOTION FAILED. VOTE ON ORDINANCE NO. 2230-2007 AS PRESENTED (ORIGINALLY): *Student Representative Harding: Yes Ross Yes Mollo No Bovie I No Porter Yes Moore I_�T_o Swarner No Eldridge TYes E-2. Ordinance No. 2253-2007 -- Increasing Estimated Revenues and Appropriations by 51,000 in the General Fund for a Library Grant. MOTION: Council Member Swarner MOVED for adoption of Ordinance no. 2253-2007 and Council Member Eldridge SECONDED the motion. There were no public or council comments. VOTE: *Student Representative Harding: Yes 62 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 9 Ross Yes Molloy Yes I Boyle Yes Porter Yes Moore Yes i Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2254-2007 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Library Grant. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2254-2007 and Council Member Swarner SECONDED the motion. There were no public comments. It was noted there were no future commitments or compliance standards related to the grant. VOTE: 'Student Representative Harding: Yes Ross Yes Molloy i I Yes Boyle Yes Porter Yes Moore Yes Swarner Yes Eldridge Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2007-58-- Transferring $40,000 in the Runway Safety Area Improvements Capital Project Fund for Engineering. MOTION: Council Member MOVED to approve Resolution No. 2007-58 and Council Member Eldridge SECONDED the motion. There were no public comments. It was noted, the funding would cover costs for aerial photographs, contours and updating the ALP. The work was approved by FAA and funded primarily by FAA. VOTE: "Student Representative Harding: Yes 63 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 10 Ross Yes Molloy Yes Boyle Yes Porter Yes Moore Yes Swarner J Eldridge Yes MOTION PASSED UNANIMOUSLY. F-1. agenda. ITEM G: ITEM H: H-1. MOTION: Regular Meeting of September 19, 2007 -- Approved by consent NEW BUSINESS Bills to be Ratified -- None. Council Member Molloy MOVED to ratify the bills and requested UNANIMOUS CONSENT. Council Member Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Moore MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. H-3. Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by $36,909.53 in the General Fund to Properly Account for In Kind Services Provided to the Soccer Park Capital Project Fund. Introduced by approval of the consent agenda. H-4. Ordinance No. 2256-2007 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Public Safety Garage Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. •E KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 11 H-5. Ordinance No. 2257-2007 -- Increasing Estimated Revenues and Appropriations by $888,562.42 in the Municipal Roadway Paving Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. H-6. Ordinance No. 2258-2007 -- Increasing Estimated Revenues and Appropriations by $592,541.34 in the Wildwood Drive Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. H-7. Ordinance No. 2259-2007 -- Increasing Estimated Revenues and Appropriations by $1,150,139.22 in the Marathon Drive Capital Project Fund for a State Grant. Introduced by approval of the consent agenda. H-8. Ordinance No. 2260-2007 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited Storage of "Junk," "Garbage" and "Litter" Under the City Code. Introduced by approval of the consent agenda. H-9. Ordinance No. 2261-2007 -- Increasing Estimated Revenues and Appropriations by $12,658 in the General Fund to Pay for Training Ammunition, Small Tools and Improvements to Police, Department Report Writing Stations. Introduced by approval of the consent agenda. H-10. Ordinance No. 2262-2007 -- Amending KMC 14.15.060(b) to Change the Height of House Numbers From Three Inches (3") in Height to Four Inches (4") to Provide Consistency With the International Fire Code. Introduced by approval of the consent agenda. H-11. Ordinance No. 2263-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Deferred Maintenance Items at the PRISM Facility. Introduced by approval of the consent agenda. 65 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 12 H-12. Approval -- Update/Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. MOTION: Council Member Eldridge MOVED to approve the updated Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions and Council Member Molloy SECONDED the motion. *Student Representative Harding: Yes Ross Yes Molio Yes Boyle Yes Porter Yes Moore Yes ISwamer Yes Eldridge I Yes � � MOTION PASSED UNANIMOUSLY. H-13. Discussion/Approval -- Dedication of Utility Easement/Lot 1, Spur Subdivision No. I. Heard after Item C. ITEM I: COMMISSION/COMMITTEE REPORTS I-1. Council on Aging -- Council Member Boyle reported the next meeting was scheduled for Thursday, October 11, 2007. I-2. Airport Commission -- Council Member Molloy reported the next meeting was scheduled for Thursday, October 11, 2007. I-3. Harbor Commission -- Council Member Boyle reported the Commission would meet next on October 8. I-4. Library Commission -- Council Member Swarner reported the Commission met on Tuesday, October 2. I-5. Parks & Recreation Commission -- Council Member Moore reported the Commission would meet on Thursday, October 4. I-6. Planning & Zoning Commission -- Council Member Ross reviewed the minutes included in the packet and noted a resignation was received for Commissioner Broyles. KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 13 I-7. Miscellaneous Commissions and Committees I-7a. Beautification Committee -- No report. I-7b. Alaska Municipal League Report -- No report. I-7c. Joint Kenai River Working Croup -- Moore reported a meeting date would hopefully be scheduled in October. I-7d. Mini -Grant Steering Committee -- No report. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • Requested an explanation of maintenance items referenced in Ordinance No. 2263-2007 be included as back-up information in the next packet. • Congratulated Hal Smalley for his election to council. • Attended the showing of a Kenaitze Indian Tribe film. • Attended the recent Veterans picnic. • A 'welcome home' for troops returning from Kuwait was being planned for November 10. • Attended the installation of new District Judge, Sharon Illsley. Congratulated administration on the success of the Kenai Marathon. ITEM K: ADMINISTRATION REPORTS K-1. City Manager -- City Manager Koch noted the following: • Council had briefly discussed bringing an ordinance forward to broaden the composition of the Airport Commission for consideration, along with the tabled ordinance related to increasing the Commission's responsibilities. Koch asked if council wished to have the ordinances move forward. Council requested the items be brought forward for the first meeting in November. It was also requested the proposed legislation be provided to the Airport Commission for review. • Old Town as-builts of sidewalks were being prepared for next summer's project. • Suggested council begin thinking about next year's budget items and request cost estimates, etc. for items of interest. K-2. Attorney -- Attorney Graves noted the following: • Permanent Fund checks were being attached and suggested calls received by council members be forwarded to him. • He would be absent from the October 17 meeting as he would be attending a standards of leasing policies seminar. 67 KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 14 K-3. City Clerk -- City Clerk Freas reported the City of Kenai Canvass Board would meet on October 9 to count an estimated 150 absentee/questioned ballots. ITEM L: DISCUSSION L-I. Citizens (five minutes) Bob Peters, Old Town. -- Stated his appreciation of council in their support of the library. L-2. Council Boyle -- • Congratulated Hal Smalley and Pat Porter on their elections. • Noted he received many comments during his campaign related to cutting of trees throughout the city. + Thanked the public who shared their views with him and voted for him. Molloy -- Thanked Council Member Moore for his 12 years on the council and congratulated Porter and Boyle for their excellent mayoral race. Ross -- Congratulated Porter and Smalley on their election and Student Representative Harding on the KCHS Homecoming event. Eldridge -- • Congratulated Porter and Smalley on their elections. + Thanked Koch for having the high school crosswalk painted. • Suggested the Police Department visit the Kenai schools with the police dog (Chevron) to ensure they are drug free. Moore -- Congratulated Porter, Boyle, Smalley, and Eldridge on their elections and thanked city employees for their dedication. Porter -- Noted in her campaigning she received no comments of concern about trees, but mostly people asking when Walmart would be opening. Swarner -- Congratulated Porter, Smalley and Eldridge or Moore on their election and thanked Porter and Boyle for their positive campaigns. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) ordinance No. 2202-2006 -- Amending KMC 11.05.090 to Limit the Use of the City of Kenai Boat Launch, Located at the Municipal Harbor, to Vessels and Boats Powered KENAI CITY COUNCIL MEETING OCTOBER 3, 2007 PAGE 15 by Four -Cycle or Direct Injection Two -Cycle Engines. (1/17/07, Tabled, no time certain.) Ordinance No. 2240-2007 -- Amending KMC 21.10.070 to Give the Airport Commission More Authority Over Leasing Decisions Within the Airport Resen7e. (7/18/07, Tabled, no time certain.) EXECUTIVE SESSION -- None Scheduled ITEM M: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 9:30 p.m. Minutes submitted by: Carol L. Freas, City Clerk *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting. PAYMENTS OVER $15,000.00 WHICH NEED COUNCIL RATIFICATION COUNCIL MEETING, OF: OCTOBER 17, 2007 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT PREMERA BLUE CROSS MEDICAL INSURANCE VARIOUS HEALTH INSURANCE 80,944.18 ICMA 457 PLAN SEPTEMBER 457 PLAN VARIOUS LIABILITY 24,395.69 PERS SEPTEMBER PERS VARIOUS LIABILITY 133,552,78 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect int J DAIN RAUSCHER US GOV'T SECURITY 1011612009 1,795,126.40 4,84% O PURCHASE ORDERS OVER $16,000.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: OCTOBER 17, 2007 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT PLEEZERS ENTERPRISE CARETAKER SERVICES CONGREGATE HOUSING PROFESSIONAL SERVICES 18,000.00 INCREASE OF EXISTING PURCHASE ORDER VENDOR DESCRIPTION P.O. # - DEPT. REASON AMOUNT TOTAL PO AMT HATTENBURG, DILLEY & LINNELL ARSENIC GROUNDWATER STUDY 83080 - WELL HOUSE AMEND. NO. 3 113,390.00 196,770.00 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2264-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT FROM THE STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT 2007 STATE HOMELAND SECURITY PROGRAM IN THE AMOUNT OF $$243,000.00 AND APPROPRIATING THE GRANT IN THE KENAI EMERGENCY OPERATIONS CENTER CAPITAL PROJECT FUND. WHEREAS, in 1997 the City of Kenai, with support from the Federal Aviation Administration and the Kenai Peninsula Borough Office of Emergency Management, built the Fire Training Center at 450 Marathon Road, Kenai to provide Fire Service and Emergency Management Training to government and private industry clients; and, WHEREAS, the top floor of the Fire Training Center is 8,000 square feet built to FEMA specifications as Emergency Operations Center space to be used by the City and other government and private entities for emergency management training and real life disaster management; and, WHEREAS, the Emergency Operations Center has dedicated space for an emergency radio communications center, complete with a separate radio equipment room; and, WHEREAS, in 2003 the City of Kenai received State Homeland Security Program funding which made possible the initial radio communications build -out of the Emergency Operations Center (EOC) with the purchase of a roof -mounted antenna system, a single Alaska Land Mobile Radio (ALMR) compatible Motorola radio, and one eight -channel combiner with connectors and grounding to the EOC; and, WHEREAS, the 2007 State Homeland Security Program EOC project award to the City of Kenai will allow the Emergency Operations Center to become functional as an emergency radio communications center with a single dispatch position Motobridge console connected to ALMR and conventional radio base stations providing interoperable communications support for first responders from State and local agencies; and, WHEREAS, this project will allow the EOC to serve as a back up to the existing Motorola radio console and transmitter site located at the Kenai Public Safety building and to the Borough Communications Center in Soldotna; and, WHEREAS, the performance period of this grant is October 1, 2007 through September 30, 2009; and, WHEREAS, acceptance of this grant will benefit the City of Kenai by bringing to an operational status the emergency radio communications center at the EOC and support the State Homeland Security Strategy of building interoperable communications capacity integral to the Kenai Peninsula Borough Emergency Response Plan. 72 Ordinance No, 2264-2007 Page 2 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Emergency Operations Center Capital Project Fund Increase Estimated Revenues: Federal Grants $243,000.00 Increase Appropriations: Construction $243,000.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of November, 2007. ATTEST: Carol L. Freas, City Clerk Approved by Finance: z PAT PORTER, MAYOR Introduced: October 17, 2007 Adopted: November 7, 2007 Effective: November 7, 2007 73 MNAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907)283-7879 Fax (907) 283-2267 t54i TO: Rick Koch, City Manager FM: Chuck Kopp, Chief of Police RE: 2007 Homeland Security Grant Awards DT: October 5, 2007 Attached for your signature and approval are two grants awarded on September 27, 2007 to the City of Kenai from the State Division of Homeland Security & Emergency Management. The City applied for these funds under the 2007 State Homeland. Security Program, and the 2007 Law Enforcement Terrorism Prevention Program. These grants do not require a match, and the two awards total $301,640.00. 2007 State Homeland Security Program, 07SHSP-GR34054 - $243,000.00 Emergency Operations Center (EOC), 450 Marathon Road, Kenai This award will pay for a single dispatch position Motobridge Dispatch Console, an Alaska Land Mobile Radio (ALMR) network compatible base station, four (4) analog conventional base stations, and a single position of ergonomic furniture that will make operational the conventional (VHF) and digital radio communications capacity of the Emergency Operations Center located on the top floor of the PRISM Fire Training Center. This project will provide interoperable communications support for first responders from multiple State and Local agencies during large-scale incidents and allow the EOC to serve as a back up to the existing Motorola console located at Kenai Police Department, and to the Borough Communications Center. The City will benefit from the use of the Motobridge console system as it is able to combine multiple technologies utilizing various platforms of communications as needed for an EOC. 2007Law Enforcement Terrorism Prevention Program, 07LETPP-GR34238 - $58,640.00 Kenai Police Department - Communications Center, 107 S. Willow Street, Kenai This award will upgrade our conventional (VHF) base stations at the Public Safety Building to be able to transmit/receive on the digital Alaska Land Mobile Radio (ALMR) network. The project will provide two (2) P25 capable consolettes to be installed at two existing work stations in the Communications Center. The consolettes will be configured with P25 trmtking software, two (2) Gold Elite digital interface modules, and Gold Elite database programming to integrate with the current conventional dispatch console system. Two (2) new antenna systems will be installed, one (1) for each radio. 74 KENAI POLICE DEPARTMENT This Communications Center P25 consolette upgrades, as well as programming upgrades to department portable and mobile ALMR compatible radios purchased on a 2001 State Homeland Security Program grant, will bring together local police and trooper entities to common talk groups once again. The phased introduction of ALMR to Alaska communities over a three year period created significant time gaps where law enforcement entities that work closely together have experienced non-interoperability due to the disparate schedules of implementing costly technology upgrades to their respective dispatch centers. Project Schedule The project schedule will proceed to vendor selection/approval upon Council acceptance through the Ordinance process. For both projects, I am preparing a recommendation for sole source to Motorola, which will also need Alaska Division of Homeland Security pre -approval. This is largely based on current Kenai Peninsula emergency communications systems infrastructure being nearly 1.00% Motorola designed and built. For the 2007 State Homeland Security Program Emergency Operations Center project, 1 anticipate a ten-month timeline from funding award and contract/project initiation, through installation, acceptance testing and project finalization. Estimated completion date is August 1, 2008. For the 2007 Law Enforcement Terrorism Prevention Program Communications Center project, I anticipate a four -month timeline from funding award and contract/project initiation, through installation, acceptance testing and project finalization. Estimated completion date is February 1, 2008, Project Management I will assume project management, reporting and coordination duties of both projects. I will consult with Public Works Manager .Tack LaShot on project planning, coordination and logistical matters. Fire Chief Tilly is my primary delegate. Larry Semmens will review and approve all financial reports. Melanie Lewis is his primary delegate. Notice of Intent to Accept Grant Award I have attached for your signature the Notice of Intent to Accept form for each respective grant award, as our acceptance process will take longer than the 30-day period of acceptance set forth in these two grant awards. I am requesting from the State Division of Homeland Security and Emergency Management a fourteen (14) day extension of the acceptance period to seek proper approval through our municipal ordinance process. 2 75 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2265-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $58,640.00 IN THE GENERAL FUND FOR A GRANT FROM THE STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT 2007 LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM TO PROVIDE P25 RADIO CONSOLETTE UPGRADES TO THE CITY COMMUNICATIONS (DISPATCH) CENTER. WHEREAS, the Alaska Land Mobile Radio (ALMR) network was designed and engineered over a ten-year period by the State of Alaska and the Department of Defense to provide a statewide secure public safety digital land mobile radio communications infrastructure compliant with the requirements of the national standard known as Project 25 (P25) for secure interoperable communications for first responders and emergency managers; and, WHEREAS, the phased introduction of the ALMR network to Alaska communities over a multi -year period has created significant time gaps where law enforcement entities working closely together have experienced non-interoperability due to disparate schedules of implementing costly technology upgrades to their respective communication/ dispatch centers; and, WHEREAS, in May of 2007 the ALMR digital network was activated in the Kenai Peninsula Borough and the Borough Communications Center migrated from conventional (VHF) talk groups to digital ALMR talk groups; and, WHEREAS, the Kenai Communications Center has remained on VHF talk groups until federal funding could become available to provide costly radio upgrades permitting communication on the ALMR network; and, WHEREAS, currently Kenai Police Officers and Alaska State Troopers are not able to talk with each other on calls of mutual assistance and response; and, WHEREAS, this project will provide the Kenai Communications Center P25 radio consolette upgrades that will bring together local police and trooper entities to common talk groups once again; and, WHEREAS, the performance period of this grant is October 1, 2007 through September 30, 2009; and, WHEREAS, acceptance of this grant will benefit the City of Kenai by providing for the safety of our officers and public through upgrading our Communications Center radio capacity to both conventional (VHF) and digital (ALMR) talk group connectivity. 76 Ordinance No. 2265-2007 Page 2 of 2 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: Federal Grants $58,640.00 Increase Appropriations: Communications -- Machinery and Equipment $58,640,00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of November, 2007. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 17, 2007 Adopted: November 7, 2007 Effective: November 7, 2007 Approved by Finance: A- 77 �_ENAI POLICE DEPARTMENT 107 SOUTHWILLOW STREET KENAI, AK 99611 Telephone (907) 253-7879 Fax (907) 283-2267 t991 TO: Rick Koch, City Manager FM: Chuck Kopp, Chief of Police RE: 2007 Homeland Security Grant Awards DT: October 5, 2007 Attached for your signature and approval are two grants awarded on September 27, 2007 to the City of Kenai from the State Division of Homeland Security & Emergency Management. The City applied for these funds under the 2007 State Homeland Security Program, and the 2007 Law Enforcement Terrorism Prevention Program. These grants do not require a match, and the two awards total $301,640.00. 2007 State Homeland Security Program, 07SHSP-GR34054 - $243,000.00 Emergency Operations Center (EOC), 450 Marathon Road, Kenai This award will pay for a single dispatch position Motobridge Dispatch Console, an Alaska Land Mobile Radio (ALMR) network compatible base station, four (4) analog conventional base stations, and a single position of ergonomic furniture that will make operational the conventional (VHF) and digital radio communications capacity of the Emergency Operations Center located on the top floor of the PRISM Fire Training Center. This project will provide interoperable communications support for first responders from multiple State and Local agencies during large-scale incidents and allow the EOC to serve as a back up to the existing Motorola console located at Kenai Police Department, and to the Borough Communications Center. The City will benefit from the use of the Motobridge console system as it is able to combine multiple technologies utilizing various platforms of communications as needed for an EOC. 2007Law Enforcement Terrorism Prevention Program, 07LETPP-GR34238 - $58,640.00 Kenai Police Department - Communications Center, 107 S. Willow Street, Kenai This award will upgrade our conventional (VHF) base stations at the Public Safety Building to be able to transmit/receive on the digital Alaska Land Mobile Radio (ALMR) network. The project will provide two (2) P25 capable consolettes to be installed at two existing work stations in the Communications Center. The consolettes will be configured with P25 trunking software, two (2) Gold 'Elite digital interface modules, and Gold Elite database programming to integrate with the current conventional dispatch console system. Two (2) new antenna systems will be installed, one (1) for each radio. 0V RENAI POLICE DEPARTMEN'r This Communications Center P25 consolette upgrades, as well as programming upgrades to department portable and mobile ALMR compatible radios purchased on a 2003 State Homeland Security Program grant, will bring together local police and trooper entities to common talk groups once again. The phased introduction of ALMR to Alaska communities over a three year period created significant time gaps where law enforcement entities that work closely together have experienced non-interoperability due to the disparate schedules of implementing costly technology upgrades to their respective dispatch centers. Project Schedule The project schedule Mll proceed to vendor selection/approvaI upon Council acceptance through the Ordinance process. For both projects, I am preparing a recommendation for sole source to Motorola, which will also need Alaska Division of Homeland Security pre -approval. This is largely based on current Kenai Peninsula emergency communications systems infrastructure being nearly 100% Motorola designed and built. For the 2007 State Homeland Security Program Emergency Operations Center project, I anticipate a ten-month timeline from funding award and contract/project initiation, through installation, acceptance testing and project finalization. Estimated completion date is August 1, 2008. For the 2007 Law Enforcement Terrorism Prevention Program Communications Center project, I anticipate a four -month timeline from funding award and contract/project initiation, through installation, acceptance testing and project finalization. Estimated completion date is February 1, 2008. Project Management I will assume project management, reporting and coordination duties of both projects. I will consult with Public Works Manager Jack LaShot on project planning, coordination and logistical matters. Fire Chief Tilly is my primary delegate. Larry Semmens will review and approve all financial reports. Melanie Lewis is his primary delegate. Notice of Intent to Accept Grant Award I have attached for your signature the Notice of'Intent to Accept form for each respective grant award, as our acceptance process will take longer than the 30-day period of acceptance set forth in these two grant awards. I am requesting from the State Division of Homeland Security and Emergency Management a fourteen (14) day extension of the acceptance period to seek proper approval through our municipal ordinance process. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2266-2007 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $21,250 IN THE AIRPORT FUND AND BY $850,000 IN THE RUNWAY IMPROVEMENT CAPITAL PROJECT FUND FOR CAPITAL IMPROVEMENTS. WHEREAS, The FAA has approved funding for additional work to be included in the Runway Improvement Project; and, WHEREAS, the estimated cost of the additional work is $850,000; and, WHEREAS, the FAA will fund 95%, the State of Alaska will fund 2.5% and the Airport Fund will provide 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: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $21,250 Increase Appropriations: Transfer to Capital Project Fund $21,250 Runwav Improvement Capital Project Fund Increase Estimated Revenues: Federal Grant $807,500 State Grant $21,250 Transfer from Airport Fund $21,250 Increase Appropriations: Engineering $100,000 Construction S750,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 2007. ATTEST: Carol L. Freas, City Clerk Approved by Finance: t- (10/11/2007) ch PAT PORTER, MAYOR Introduced: October 17, 2007 Adopted: November 7, 2007 Effective: November 7, 2007 WINCE — CORTHELL — BRYSON Consulting Engineers Box 1041 Kenai, Alaska 99611 Phone 907-283-4672 Fax 907-283-4676 E-Mail: emadden@webalaska.eom FROM: Casey Madden, P.E. DATE: October 1.0, 2007 SUBJECT: Additional Airport Improvements As requested, I have revised the following cost estimates for the additional Airport improvements approved by Brad Garland, with FAA, at our September 26 meeting with him. Costs marked with astir are known costs solicited from the contractor over the past week. 1. Float Plane Basin Drainage Ditch reconstruction for improving flow, mitigate discharge turbidity, and provide access for maintenance. Remove and dispose of accumulated asphalt and concrete rubble penetrating Part 77 Airspace over by the water tank area. This wo,-k includes surveying, clearing and grubbing, excavation, grading, soil stabilization measures, top soiling, and seeding. S1.70,000,00 2. General Aviation Lighting replacement— a safety issue during winter outages. This systemhas tights that range from 20 to 40 years old. This work will include Asphalt removal and replacement, demolition of the existing lighting system Installation of 41 lights and 4 signs, a new regulator, and some grading to Improve drainage along the taxiways. $250,000.00 4. Complete 5000 feet of fence removal and reconstruction along Marathon. Rd And Float Plane Basin Road. The fence has heaved more out of the ground since evaluated back in 2005, more so last winter withthe excessive fall rain and lack of snow cover. $250,000.00 6. 'Replace substandard midfield unlit windsock with lighted one $ 10,000.00 7. Replace remaining 100 taxiway lights with new LED/Transf./Gilsonite A maintenance issue to standardize all the airfield lights. The remaining Lights range in age from 10 to 20 years old. 70 000.00 Total Construction Costs $750,000.00 I estimate that the current construction contract will under run somewhere between 50 and 100,000 dollars however could be used up if we experience another dry spring and summer next season requiring a lot of seed bed watering in the float plane basin. Our remaining Engineering and Inspection budget of about $75,000.00, even with the several additional items added to the job, such as the Regulator room ventilation, Fire Suppression and Scada interface, Apron stripping andpaving alternatives, FAA NAV/AID changes, ARFF access road, and the preliminary engineering on the above items, should carry us through completion of construction, next July however will fall short for final Audit and Closeout Work. Design Surveys, Engineering, and Inspection for the above listed items should average about 10% and with a tittle. extra for Closeout, about $100,000.00 and can be split evenly between Engineering and Inspection Philip W. Bryson PE Alan N. Corthell PE Prank W. Wince PE (ReQ Mark E. Blanning PE E. Casey Madden PE mo Kenai Community Library Unattended Children The library offers many programs and services that encourage children to develop a love of books, reading and learning. However: • Because the library is a place where children gather, it may attract people whose interest in children is not entirely wholesome. • The safety and well-being of children at the library is of serious concern. • Responsibility for children using the library rests at all times with the parent (s) or assigned caregiver (s), not with library personnel. • The library staff has leeway to intervene if aware of disruptive behavior. • The staff cannot know if children are leaving the building with their parents or strangers. For the protection and well-being of children who enjoy libraries, the following has been established: • Children under eight (8) years must be continually attended by a parent or a caregiver while in the library. • Parents and caregivers should be familiar with the library's hours of operation and should not leave children before opening or after closing. + The library staff is not responsible for supervising children left alone when the library is closed, but will make attempts to reach a parent for immediate pick- up. • The police department will be notified of any child who has been left too long or repeatedly in this unsafe situation. Rick R. Koch, City Manager Mary Jo Joiner, Library Director Date: Cary Graves, City Attorney „Village wiM a Past, C# wdk a Future„ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 llGl Telephone: 907-283-7535 ( FAX: 907-283-3014 1992 Me ciiy c�' KENAI, ALASKA 10tKu- "I TO: City Council fFROM: Rick Koch DATE: October 9, 2007 SUBJECT: Beach Clean -Up For Personal Use Fishery The purpose of this correspondence is to submit to the Council for review an unexecuted proposal to contract for services to the City from the Kenai Central High School (KCHS) Ski Team Booster Club. Council directed administration at the meeting of September 1.9th to draft an agreement and bring it back to Council for review at a subsequent meeting. The scope of this proposal is as follows: Assist City Staff in preparing for the personal use fishery. This includes shoveling sand from walkways between the dunes, and installing fenceposts, signage, and pedestrian fence around the dunes. Collecting and placing in city -provided refuse containers trash along the north shore during the personal use fishery. Collecting and placing in city -provided containers trash along the south shore following the closure of the personal use fishery. The Ski Team Booster Club is requesting a donation of $ 7,500, Administration recommends entering into this agreement with the KCHS Ski Team Booster Club on a year-to-year basis. Unless the Council directs otherwise it is administration's intent to move forward and execute this agreement. Thank you for your attention in this matter. LOW PROPOSAL TO CONTRACT FOR SERVICES CITY OF KENAI 210 FIDALGO AVENUE KENAI AK 99611 (907) 283-7535 Contractor's Printed Name: KCHS Ski Team Booster Club Contractor's Federal Tax identification Number: Contractor's Address and Phone Number: 9583 Kenai Spur Highway, Kenai AK 99611 Contractor will provide the City of Kenai the following services: see Attaclunent "A" Not to exceed: 7,500 Insurance, if required: Time schedule for performance will be: May 1, 2008 to August 31, 2008. By signing below, the Contractor hereby affirms that he or she has read and accepts all terms and conditions of this contract including the provisions contained on the backside of this form. This proposal becomes a contract when accepted and signed by the Kenai City Manager or designated official. Date: Contractor's Signature Recommended by (Department Head): Approved as to form (Finance Director): Lawrence A. Semmens Purchase Order Number: Approved by Kenai City Manager: Date: Date: Date: PROPOSAL TO CONTRACT FOR SERVTCES Page 1 of 3 C0 A GENERAL CONDITIONS .. Execution of this contract. This contract is not valid until properly signed by the parties. 2. lndependent Contractor. The Contractor shall provide services as an independent contractor to the City. Except as this contract provides otherwise, the City shall not supervise or direct the Contractor. The City may administer this contract and monitor the Contractor's performance. 3. Compliance with laws. The Contractor shall comply with all statutes,, ordinances, and regulations governing its performance, post all required notices, and obtain all permits, licenses, and other entitlements necessary to its performance, The Contractor shall pay all taxes related to its performance and shall be current on all city and borough taxes at the time of entering this contract. The Contractor shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to the legal performance of this contract. 4. Equal Employment Opportunity, A. The Contractor will not discriminate against any applicant for employment because of race, color, religion, national origin, ancestry, age, sex, marital status, or mental or physical handicap. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to the characteristics listed above. Such action shall 'include, without limitation, employment, upgrading, demotion or transfer, recruitment or recruiting or recruiting advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs, that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex, maritalstatus, or physical or mental. handicap. C. The Contractor shall include the provisions of subsections A and B of this section in every subcontract or purchase order under this contract. 5. Insurance. During the term of this contract, the Contractor shall maintain a policy of workers' compensation and employers' liability insurance as required by law. Contractor shall also be required to carry additional insurance if so indicated on this form. Any such insurance shall be primary and exclusive of city insurance. If liability insurance is required, the City shall be named as an additional insured on such policy with respect to the performance or failure to perform under this contract. 6. Assienmenfs. Unless the City provides otherwise in. writing, any assignment by the Contractor of its interest in any part of this contract or any delegation of its duties shall be void, and permit the City to terminate this contract without liability for work performed. 7. Ownership, Publication. Reproduction, and Use of Material. Unless the City provides otherwise in writing, all data, documents, and materials that the Contractor produces shall be property of the City, which shall retain the exclusive right to publish, disclose, distribute and otherwise use, in whole or in part, any such data, documents, or other materials. This exclusive right does not apply to any materials presently in the public domain or not subject to copyright. 8. Indemnity. The Contractor shall indemnify, defend, save and hold the City harmless from any and all claims, lawsuits or liability, including costs and attorney's fees arising from loss, damage, injury, or death to persons or property, whether tangible or intangible, occurring in the course of the Contractor's performance of this contract that is caused in whole or in part by any willful misconduct or negligent act or ornission of the Conractor, agent or employee. If the claims or damages are caused by or result from concurrent negligence of the City, including its agents or employees and the Contractor including its agents, subcontractors or employees, the 'lid, nnification requirement in this provision shall be valid and enforceable only to the extent of the negligence or willful misconduct of the Contractor, its subcontractors, agents or employees. 9. Termination. This contract may be terminated: A. For cause immediately; or B. By the City for its convenience upon fifteen (15) days' written notice to the Contractor. 10. Payment Upon Termination. Upon termination and the Contractor's furnishing to the City all finished and unfinished data, documents or other materials prepared under the contract, the City shall pay the Contractor for all satisfactory work performed before termination. IL . Non -waiver. Either party failing to enforce a provision of this contract does not waive the provision or affect the validity of the contract or a party's right to enforce any provision of the contract. 12. ,Jurisdiction and Chaice of Law. Any civil action arising from this contract shall be, brought in the trial courts for the Third Judicial District of the Stare of Alaska at Kenai. The laws of the State of Alaska govern this contract 13, Contract Interpretation. In interpreting this contract, the following documents are incorporated herein by reference and shall be - given the following order of precedence: A. The General Condition; B. Special Conditions; C. The Contractor's written proposal as accepted by the City; PROPOSAL TO CONTRACT FOR SERVICES Page 2 of 3 D. The City written request for proposals or invitation to bid; and E. Any other document incorporated by reference. 14. hrte ration. This document and all documents incorporated in it by reference are the entire agreement of the, parties and supersede all previous communications, representations or agreements regarding this subject, whether oral or written, between the parties. SPECIAL CONDITIONS 1. The purpose of this agreement is to provide beach clean up, and related services during and after the Dip Net Fishery on the Kenai River. 2. This contract maybe extended on a year to year basis by mutual agreement of the parties. PROPOSAL TO CONTRACT FOR SERVICES Page 3 of 3 i• October 2, 2007 Rick Koch City Manager The .KCHS Ski Team and booster club proposes to clean up the Kenai Beach on a regular basis during the dip net season. The beach will be inspected no less than every other day and will be cleaned up as necessary, During and after heavy use days we will be present to clean up trash. Fish waste- may be difficult for us to clean up without special equipment, but we are willing to work with you on this during the season. Generally the area to be kept clean will be from the wastewater treatment plant to the creek at the river mouth, including the parking lot areas. Apparently there are some other duties Like cleaning out the sand on the walkways through the dunes and taking care of the fencing that the City would like our assistance with. We will schedule a day before the start of the season to assist with these activities. We will also keep the fence in good repair during the season assuming the city provides the materials. If the City would like to contribute $7,500 to the booster club we will also clean up the South beach at the end of the season. We will coordinate with the city on this for hauling trash and fencing. The KCHS Ski Team will have ongoing financial needs and we would like to continue to do the beach clean up on an amnual basis. We will work with you on the scope of future work and the contribution the City would make. Thank you for this opportunity! Sincerely yzt— - Trent Semmens P 44k t of m e"n Payer 1 J 2 MN ,, 14 Dias Mummy vmm CITY BOARDS, COMMISSIONS & COMMITTEES CURRENT LIAISON ASSIGNMENT Council on Aging Council Member Boyle Airport Commission Council Member Molloy Harbor Commission Council Member Boyle Library Commission 1 Council Member Swarner Parks & Recreation Commission Council Member Moore Planning & Zoning Commission Council Member Ross Alternate: Council Member MoUo Beautification Committee Council Member Swarner Mini -Grant Steering Committee I Mavor Porter Kenai River Working Group Council. Member Moore OTHERS: Kenai River Special Management Advisory Board (KRSMA) Administration (Koch) 11 Econom c Development District (EDD) Council Member Eldridge Cook Inlet Regional Citizens Advisory Council CIRCAC John Douglas Kenai Visitors & Convention Bureau Board Council Member Eldridge Kenai Economic Development Strategy Administration Alaska Municipal League Land Use, Resources, and Council Member Swarner i Economic Develo ment Subcommittee .• .• ri, rful"", S f-,e- J k,6 .Sc,nAs fi4.e viz*�Lcr moe�- KENAI POLICE DEPAItTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO: Rick Koch, City Manager September 19, 2007 FM: Lt. Kim Wannamaker ! , z' TIIRU: Chuck Kopp, Chief of Police RE: 2007 Kenai. River Personal Use Dipnet Fishery The Annual Dipnet Report is presented for your review. It includes reports from the Police, Public Works, and Parks and Recreation Departments. You will find a summary overview of Police Department activity specific to the Kenai River Dipnet Fishery to include observations, statistics, problems encountered, and recommendations for improvement. The Seasonal Enforcement Officer report is also attached. The Kenai River Dipnet Fishery opened at 6am on Tuesday 7-10-07, and closed at midnight Tuesday 7-31-07, The 2007 Dipnet Fishery saw the largest number of State resident participation since the fishery opened in 1996. City departments prepared for anticipated & historical Dipnet Fishery -related challenges, resulting in effective overall management of the fishery. Two part-time Seasonal Enforcement Officers (SEOs) spent the majority of their July shifts engaged in Dipnet Fishery related activity, with parking and camping violations being the significant portion of their enforcement/management focus. The Police Department handled 153 Dipnet Fishery -related calls for service this year; 89 by sworn officers and 64 by SEOs. The majority of calls for service were cash pick-ups from the 4 pay shacks, followed by Parking complaints/violations, Citizen Assists (lockouts, lost children or pets), Noise/Disorderly Conduct, Trespassing on private property, Campfires in unauthorized areas, and several complaints each of Theft, Drunkenness, Vandalism, and vehicle collisions. There were 18 vehicles impounded, nearly all for parking violations, and 4 people were arrested for various crimes, including one DUI on an ATV. There were no deaths or serious injuries this year. Of the 90 hours spent by SEOs on the Dipnet Fishery, 75 were spent at the North Beach (S. Spruce). Police Officers spent 34.5 hrs on Dipnet Fishery -related activity. SEOs spent a lot of time patrolling the S. Beach on the Dept. 4-wheeler, which is a very practical manner to cover that large and often very congested area. 91 KENAI POLICE. DEPARTMENT State Fish & Wildlife Troopers were a visible presence at the City Dock, N. Beach, and on the water in a patrol vessel this year. They kept a relatively low profile but were very active enforcing various Fish & Game laws. The greatest managerial challenge this season, as in years before, was parking. For the North Beach, overflow parking at the designated parking lot off S. Spruce Street, and motor vehicle/pedestrian traffic congestion on Kenai Avenue presented the most serious difficulties. South Beach problem areas involved illegal parking and heavy traffic congestion on Dunes Road near the pay shack, and illegal operation of off -road vehicles on dunes and vegetated wetland areas. The Dunes Road parking is troublesome because it is on Borough land, in which the Alaska State Troopers have jurisdiction for enforcing traffic & criminal offenses (parking, trespass). The Police Department will work with Troopers to provide a better collective response to Dunes Road this next. season. Four pay shacks to collect user fees were placed in the same locations as previous years: S. Spruce Street at the beachf -ant parking lot, Boat Launch Road at the City Dock, Dunes Road and Old Cannery Road. No pay shacks were run over this year, or otherwise incurred damage. Police Department Labor, Equipment and Fuel Expenses Police Officers (34.5 hrs) $1030 S.E.O. (90 hrs) 1260 Pre & Post season meetings/planning (Chief, Lt, SEO) 1000 Equipment & Fuel costs* 1300 Total S4590 * Patrol cars & the Dept, pickup, and the 4-wheeler were equipment expenditures for the fishery. The costs included would reflect fuel consumption relative to driving to/from pay shacks, City Hall, police station, Kenai Ave, and up & down the beaches on the ATV, and idling during stops at these locations. Fuel was more expensive this year than last. 92 KENAI POLICE DEPARTMENT 2007 Observations Signaae deficiencies were documented. On the South Beach, SEOs responded to frequent complaints of ATVs and other vehicles in the vegetated areas. There is just one sign at the very end of the beach (river mouth) prohibiting operation of vehicles in wetland/grassy areas. On the North Beach at the end of Kenai Avenue there is an absence of signs requiring "S minute loading/unloading" which contributed to traffic congestion. Other signage improvement needs are addressed in the SEO report. On the whole, public awareness has improved with respect to parking, camping, campfires, and bathrooms due to good signage posted at/near all the pay shacks and pay/parking areas. Public Information was available via commercial media, online sites such as the City of Kenai and Alaska Dept of Fish & Game, printed brochures distributed by the City, and radio public service announcements. This information included answers to FAQs for parking, fees, camping, campfires, dunes & grassy areas, restroom facilities, and contact information for State and City management entities. Parking _& Camnina fees were the same as last year. The manned pay shacks contributed significantly to compliance, as did aggressive presence by police and SEO personnel. SEOs issued hundreds of written warnings for parking & non-payment, or for not displaying the parking permit. On Saturday July 21, the busiest day in the history of the fishery, vehicles filled the N. Beach, S. Spruce parking lot, S. Spruce, the little league parking lots, N. Spruce nearly all the way to 4a' Ave, and commercial parking lots along KSR near S. Spruce. Restroom (port -a -potty) service was hindered due to traffic congestion along Kenai Avenue, and on South Beach due to vehicles parked in close proximity to the toilets. This interfered with the service provider being able to maneuver beside them for change -outs. Off -Road Vehicles and associated violations are a recurring issue. Police & SEOs responded to multiple complaints of ATVs causing late night noise, racing, youth operators w!o helmets, and speeding on the beaches and access roads. DumVster service was overall satisfactory. There were several instances of traffic congestion at the end of Kenai Avenue, which prevented or slowed the garbage truck from getting to the dumpsters. 93 KENAI POLICE DEPARTMENT Litter and Trash collection and management needs are significant for the three weeks of the Fishery. The possibility of providing more trash and fish waste collection points should be reviewed. Traffic congestion on Kenai Avenue was severe, and the improved wide areas often were illegally used for extended parking along the "loading/unloading only" area Kenai Avenue is a narrow one -lane dirt road with No Parking allowed at any point. During the Fishery, by necessity it becomes a 2-lane road with motor traffic and pedestrians. Vehicles often have objects hanging out the back or off the sides, and pedestrians are generally pushing or pulling objects, all of which takes more room than merely driving or walking. Couple this with numerous vehicles loading/unloading along the road and traffic congestion happens quickly. Recommendations The recommendations and suggestions for improvement here are based on initial assessment. We expect to further refine our ideas for improvement following a multi -department debriefing in late September. Coordinate with Little League to allow North Beach overflow parking in the Little League ball field lots on South Spruce Street. Some years there are post -season tournaments and the parking lot is needed for those involved with baseball. However, when there are no post -season baseball activities, that parking lot would be ideal for overflow dip netter parking. Signage Improvements for the North Beach call for two (2) more signs at the Kenai Avenue turnaround stating "5 minutes loading/unloading", and for a more clearly marked Iron Ranger for self -pay participants. On the South Beach three (3) additional signs are needed that prohibit operation of vehicles in the wetland areas. Regulatory signs stating "No parldng/stopping within 30 feet ofrestrooms" would help facilitate Restroom service. Orange Barrier Fencing (along with improved signage) will help prevent South Beach wetlands and dune destruction. This fencing has been installed in previous years with the assistance of the Borough, but not for the past two seasons. Assistance with fencing should again be sought from the Kenai Watershed Forum. Additional Public Safety Officer resources, beyond what is currently budgeted, are needed to effectively address the significant management needs of the Dipnet Fishery. The intensity of the issues highlighted in this report, would each be considerably lessened with 24-hour coverage of the fishery by public safety resources. Administration will discuss this internally to prepare a recommendation. 9 KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK "611 Telephone (907) 283-7879 Fax (907) 283-2267 To: Lt. Wannamaker Cc: Chief Kopp From.: SEOs Goggia & Caswell Date: 8/4/2007 Re: Seasonal Enforcement Officer Report 2007 Kenai. River Dip Net Fishery This report is a summary of Seasonal Enforcement Officer observations and recommendations concerning the 2007 Kenai River Personal Use Dip Net Fishery. The fishery opened Tuesday July 10, 2007 at 0600 hours and closed Tuesday July 31, 2007 at 2359 hours. On Wednesday July 25, 2007 at 1100 hours the Alaska Department of Fish and Game gave an emergency order to open the dip net fishery to 24 hours daily until the closure. The placement of pay stations remained the same as last year, with stations being placed on South Spruce, Dunes Rd., Old Cannery Rd., and at the City Dock. Payment also remained the same, $10 for 12 hour parking and $10 for 12 hour camping, until the fishery was opened 24 hours daily upon which the fee for 24 hour camping was $10. Enforcement of fees on both beaches was for the most part successful due to the placement of payment booths and the use of "iron rangers" when the attendants of the pay shacks were not available. SEOs also helped to enforce fee compliance. The pay shacks were attended 24 hours a day once the dip net fishery went 24 hours daily. There were minor problems with people not paying enough due to confusion about $10 per 12 hours. The first week of the fishery was relatively slow due to minimal amounts of salmon. The parking lot at both the North and South beaches remained less than 50% full until the weekend of Saturday, July 14. Seasonal Enforcement Officers (SEOs) issued 44 parking warnings, one citation for a minor operating an ATV without a helmet, and one tow truck was called. Two children were reported missing as well as part of the parking lot needing to be evacuated due to a propane leak on an RV that required Kenai Fire Department attention and deportation. AR KENAI POLICE DEPARTMENT On Saturday, July 14 the number of vehicles and people increased exponentially. The North Beach parking lot was completely frill, and at times overflowing. The majority of SEOs time was spent at the North Beach enforcing fees for parking and vehicle congestion on Kenai Avenue. SEOs also issued many ATV warnings for not wearing helmets and riding in prohibited areas. Traffic on Kenai Ave. was congested throughout the day, which led to one tow truck being called. However, the owner contacted SEOs and paid the tow truck driver before the vehicle was impounded. Also, on July 14 an SEO dealt with a man riding an ATV, which was pulling a trailer with several young children on it who were not wearing helmets. Upon contacting the operator, the SEO determined that he might intoxicated, which led to the request of another officer to do Field Sobriety Testing. The driver was indeed intoxicated and was arrested for DUI. During the second week of the dip net fishery a large number of warnings for parking and ATV use were issued. Nine (9) vehicles were impounded. More illegally parked vehicles would have been impounded but owners arrived in time to pay the tow agency. Also, six (6) citations were issued for parking to the leis (east) of the beach access on South Spruce. Throughout the second week of the dip net fishery, both beaches were consistently 75-85% full. At the beginning of the week. the fish began to come in abundance, leading to a massive hiflux of people. SEOs spent most of their time at the North Beach enforcing traffic and the 5 — 10 minute parking areas on Kenai Ave. as well as checking camping and parking receipts, but maintained a strong presence at the South Beach. Saturday, July 21 was by far the busiest day of the season with both North and South Beach parking lots at 100% capacity. The parking lot at the North Beach was overflowing by about 0500 hours. SEOs spent significant portions of their shifts controlling traffic on Kenai Ave. Another problem was overflow parking of vehicles on the beach due to lack of room in the parking lot at the end of South Spruce. Normally parking on the beach is only allowed to the right (west) of the beach access, and vehicles must proceed past the line of South Forest Drive. However, due to the abundance of vehicles parked prior to the South Forest line, vehicles were allowed to park to the right as long as they did not block access to the beach. SEOs clearly marked the access lane with cones to indicate where vehicles could or could not park. Vehicles not in compliance were impounded and/or warned. In addition, people began parking to the left of the beach access where it is clearly posted "no motor vehicles beyond this point". SEOs fought many of the same battles on Sunday, July 22. KENAI POLICE DEPARTMENT On Wednesday, July 25 ADF&G gave an emergency order to open the dip net fishery to 24 hours daily until the end of the season on Tuesday, July 31. Generally the dip net fishery is opened to fishing 24 hours daily when there is a large increase in the Kenai River salmon population. Unfortunately, the number of fish began to decrease after the emergency order was given. This emergency order caused another influx of people during the last week even with the dwindling number of fish. The best fishing of this dip net season was during the middle of the second week. During the final week, both beaches consistently remained 70-80% full. SEOs continued to focus on parking and camping compliance. Throughout this week the parking lot at the Little League ball field was opened for use by dip netters. Parking was not as significant of a problem compared to prior weeks even though there were many people. Also, during this week five (5) vehicles were impounded, numerous parking/ATV warnings were issued, and there was one vehicle abandoned below the high tide line. Saturday, July 28 and Sunday, July 29 were the last days of the fishery. Both beaches were crowded again, but people seemed to be self -maintaining. On the South Beach SEOs received many complaints of ATVs riding in the wetlands and grassy areas. There is only one sign stating that vehicles are prohibited in the wetlands, which led to a general lack of knowledge about regulations concerning the area. On Sunday, July 29, one person was cited for this offense. The City Dock continued to require little attention from SEOs due to last year's addition of two new ramps, an exit road, and overflow parking. The only problem that required police attention was a hit and run of a boat trailer. The trailer had a broken board from being run over by another truck's tire, but the owner of the trailer did not wish to pursue the matter. Tuesday, July 31, 2007 the 2007 Kenai River Personal Use Dip net Fishery was officially closed at 2359 hours. SEOs spent a total of 90 hours on dip net related activities during the 2007 personal dip net fishery, 75 hours on the North Beach and 15 hours on the South Beach. SEOs also responded to or initiated 101 dip net related calls for service, and issued eight (8) dip net related citations. 97 KENAI POLICE DEPARTMENT SPECIFIC OBSERVATIONS & CONCERNS Overview During the 2007 dip net fishery there weren't any major problems, other than a shortage of staffing to address problems at earlier stages before they became more of a management challenge. Information and regulations regarding parking, camping, and waste collection were contained in brochures distributed by the pay shack attendants. The season began relatively calm, with the majority of people arriving during the second and third weeks of the fishery. Traffic, parking and congestion on Kenai Ave. consistently required the most time and attention. On busier days people inevitably parked in no parking zones and blocked lanes in the parking lot and Kenai Ave. Camping on both beaches never reached full capacity. Camping issues that the SEOs were involved with generally involved checking payment receipts. NORTH BEACH The North Beach required more time and attention from SEOs throughout the dip net fishery. Parking was limited and filled up quickly during busy days, which led to traffic jams that kept people from traveling in and out of Kenai Ave. SEOs dealt with more ATV use violations on the North Beach due to more restrictions than on the South Beach. Parking in the Little League parking lot, closed to dip netters for the majority of the season, was opened on Saturday, July 28 for a fee of $10 for every 12 hours of parking. Because Little League games happen rarely during the Dipnet fishery, opening the parking lot for dip netters would help alleviate parking issues on South Spruce. Improper panting and traffic on Kenai Ave. required the most attention from SEOs throughout the fishery. The road and turnaround are intended for five to ten minute loading and/or unloading of gear. However, people tended to take longer then the allotted time for these activities. Vehicles were also left unattended, causing traffic backups. SEOs spent entire shifts clearing traffic jams and impounding parked vehicles during the busier days. A suggestion for this problem is to create a lane for outgoing traffic to minimize competition between incoming and KENAI POLICE DEPARTMENT outgoing traffic. There need to be at least two more signs stating "five to ten minutes for loading/unloading" at the end of Kenai Ave. This year there were also problems with parking on the beach. Vehicles should be parked to the right of the beach access past the line of South Forest Dr. However, on days when the beach was busy, vehicles would fill up the entire beach to the right of the South Spruce access with parking. Eventually SEOs marked the access lanes onto the beach with cones, which allowed vehicles to park on the beach as long as they didn't block the access lanes. This should be done at the beginning of the season next year. At the North Beach there are limited areas where ATVs are allowed. They are allowed to the right of the beach access off South Spruce, but they are not allowed on the roadways or to the left of the South Spruce access. SEOs received complaints and inquhies about ATV use on the left side of the beach because it was not specifically marked that ATVs could not be used for the pick up of fish. Also, there is a trail starting in the parking lot on South Spruce that leads to Municipal Park at the end of South Forest where ATVs are prohibited. There were several warnings given to children operating ATVs on this trail and into the park The majority of parking and camping payment issues occurred when the fishery was only open from 0600-2300 hours. SEOs spent significant time checking parking and camping receipts, and issuing warnings to those who hadn't paid. In most cases people just forgot to display their receipt where it was visible to SEOs. Iron rangers also seemed to have a higher success rate than other years. The combination of the iron rangers and pay shacks is very effective, and should be continually used in future years. However, the iron ranger should be marked more clearly to reduce the amount of pedestrians who go to the pay shack and back up traffic on South Spruce. On the last day of the fishery, there was a problem with vehicles parking in the "City Vehicles Only" zone. Several people that were warned complained that it wasn't very clear that there is no parking allowed in that spot. As of now there is only a white spray -painted message on a concrete barrier stating "City Vehicles Only", and one No Parking sign at one end of the concrete barrier. More signs need to be added along the concrete barrier so it is clear to dip netters that it is for City vehicles only. KENAI POLICES DEPARTMENT Although the South Beach required less attention from SEOs, public safety presence was still required. Self -supervision was easier due to fewer restrictions on the South Beach concerning parking, camping, ATV use, etc. Most of the SEOs time spent there was checking parking and camping receipts and warning people on ATVs about helmet regulations for their children. A reoccurring problem was overnight parking in the parking lot on Dunes Rd. In past years, vehicles, especially RVs, inevitably parked overnight in this parking lot, and this year was no exception. However, the parking lot is in the Alaska State Troopers' jurisdiction. Many people leave their vehicles and trailers in this parking lot overnight and bring camping gear onto the beach. In future years it may be considered to allow people to park their vehicles overnight and camp on the beach. Along the beach there are grassy areas where vehicles are prohibited, yet there is only one sign posted at the end of the beach. SEOs received numerous complaints of people riding their ATVs into the wetlands and dragging large logs out for bonfires. When contacted, people claimed they did not know vehicles weren't allowed in that specific area. At one time there was bright orange fencing along the grassy area, but it has fallen down throughout the years. More signs stating "no vehicles" and/or more orange fencing need to be put up. SEOs also issued many warnings to children not wearing helmets while operating ATVs. Fortunately many were cooperative and either put on a helmet or stopped riding. Another issue on the South Beach was a 2002 Nissan Frontier that was left below the high tide line. The vehicle was left there for several days, and the owner of the vehicle could not be contacted. As time passed, people/nature began to beat up the vehicle, tearing off the bumper, breaking windows and generally destroying the vehicle. 100 U111c with a Poe, Cats witk a Fature" 210 Fidatgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-3692 / FAX: 907-283-3693 \` ehe clly of Z` KENALALASKA TO: Chuck Kopp, Chief of Police Lt. Kim Wannamaker, Kenai Police Department Jack LaShot, Public Works Manger FROM: Robert J. Frates, Parks & Recreation Director DATE: September 18, 2007 RE: Dip Net Report - 2007 The volume of people participating in the 2007 fishery separates this from previous seasons. It is this elevated participation that resulted in some higher costs, namely for portable bathroom services. The popularity of the fishery also resulted in extra challenges ranging from parking issues, pedestrian traffic on dunes, litter, and other associated issues. From an operational standpoint, this was the first year the dock operation was assigned to the Parks Department. The additional ramps and exit road provided a much -improved service this season and allowed more boats to be retrieved and launched. Dock personnel did an excellent job preparing for this year's dip net season and effectively met their challenges along the way. Fee shack attendants randomly surveyed dip net participants during the 2007 fishery. Participants were asked if they Iive in the City of Kenai, live on the Kenai Peninsula, or live elsewhere. Of the 6,330 surveyed, approximately 90% indicated they live elsewhere, 7% live on the Kenai Peninsula and 3% live in the City of Kenai. The following outlines some miscellaneous suggestions for next season along with this year's operational cost. 101 Suggestions for Next Season Portable Restrooms & Dumpster on Dunes Rd: Due to the heavy public use of the parking lot off Dunes Road near our fee station, portable restrooms and dumpster service is suggested to accommodate the public. Better Coordination With Restroom/Dumpster Service Provider Contractor had difficulty during the peak season gaining access to his equipment stored on Old Cannery Road due primarily to parking of vehicles. Signage and fencing helped but will need to be done prior to season. next year. Servicing of restrooms on the south side required the contractor to make two trips during the peak season due to the number of people and increased use. Contractor also had difficulty during peak season (July 16`" — 24h) gaining access along Kenai Avenue, particularly Saturday and Sunday resulting in a delay of services. Litter & Fish Waste: Consideration should be given to ways to effectively provide and manage garbage collection stations on the beaches as well as providing an easy means of depositing fish waste. Sand Dune Protection & North Beach Access: Continue exploring ways to protect the dunes from pedestrian and vehicle traffic. Beach road access during one weekend became very congested making passage difficult for commercial fishing operators. Access road needs better defined with cones and signage to prevent this from happening. Traffic Controllers at City Dock: Consideration should be given to placing a couple personnel at the City Dock during peak times and weekends to facilitate loading & unloading at the ramps, parking, and exiting the facility. Designated Ramps at Citv Dock: Designating one ramp specifically for loading and another for launching may contribute to a smoother operation. This is not typically the procedure used at the dock but may be worth exploring. Material, Supplies & Services Portable Toilets $18,900 Dumpsters 10,250 Receipt Books 1,099 Misc. (propane, batteries, etc.) 505 Dip Net Brochures 300 Phone/ivlinutes 135 Fuel 100 Page 2 of 2 102 Total $31.289 Labor Wages (fee station attendants) $27,300 Wages (Admin, clean-up, prep, etc.) 1,700 Total $28,800 TOTAL MATERIAL, LABOR, SERVICES $60,089 Boating facility Expenses Material, Supplies & Services Portable Toilets $1,500 Dumpsters 500 Receipt Books 500 Minutes 135 Cleaning Supplies, etc 100 Spray Paint 80 Total $2,815 Labor Wages (fee station attendants) $5,250 Wages (Dock Manager 1/2) 1,620 Wages (Dock Worker 1/2) 1,075 Wages (painting, signs, etc.) 450 Total $8,395 TOTAL MATERIAL, LABOR, SERVICES $11,210 Page 3 of 3 103 w. `Virrage wA a past, City wit% a Future" MY 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 • �I •„ Telephone: (907) 283-7535, Ext. 236 / FAX: (907) 283-3014 MEMORANDUM KENAI,ALASKA TO: Chuck Kopp, Chief of Police CC: Lt. Kim Wannamaker, Bob Frates FROM: Jack La Shot, Public Works Manager DATE: September 13, 2007 SUBJECT: Dip Net Fishery 2007 The following is a recap of Public Works efforts in support of the 2007 dip net fishery. The department had less involvement this year due to the assignment of dock operations to the Parks Department. Support Operations • Yearly removal of the mud accumulation on the ramps, dike construction and hauling of the mud off site after dewatering. • Set and remove dock ramps. • Move and remove shacks and concrete barricades at beach entrance sites. • Place two concrete barricades at the end of Main Street for traffic control. • Blade the South Spruce parking lot once and Kenai Avenue twice. Haul and place gravel from the parking area onto the beach entrance. • Place and maintain numerous regulatory signs at various locations. Capital Construction • Haul, place and grade gravel at the over flow parking area adjacent to the exit road. Operations Estimated Expenses $18,721 Capital Construction $12,134 Total $30,855 105 North Beach O 1; North Beach South Beach North Beach North Beach South Bench KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AID 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO: Rick Koch, City Manager FM: Chuck Kopp, Chief of Police bk, z RE: Dipnet Fishery Management Recommendations DT: September 27, 2007 City Administration has now reviewed operational reports and observations from all departments involved with the management and oversight of the Kenai River Personal Use Dipnet Fishery. This review process has distilled several recommendations Administration is prepared to move forward with for the 2008 Dipnet Fishery. Administration Recommendations Update Kenai Municipal Code 13,30,080 CJperating a vehicle in a prohibited area to include language that exempts City Public Works and Maintenance vehicles, and their agents, from the provisions of this Chapter. Public Safety vehicles currently have an exemption in this Chapter. The recommended exemption for maintenance vehicles will authorize service of trash and fish waste receptacles by off -road vehicles on the North and South shore during the course of the fishery. 2. Update Kenai Municipal Code 1.3.40.020 nff--road vehicle a erp ation, to include language that exempts Public Safety vehicles from the provisions of this Chapter. Current language states '7t shall be unlawful for any person to operate an nff-road vehicle in the City of Kenai... " and lists prohibited areas for off -road vehicle operation. The only exception currently allowed is for maintenance vehicles as identified in subsection 6) Not withstanding the provisions of this .section, the City or State, or their agents, may operate machinery or off -road vehicles in otherwise prohibited areas for maintenance, repair, cleaning and upkeep. The recommended exemption for Public Safety vehicles will clear up any disparity of exemptions between KMC 13 and 14. 3. Provide high visibility barrier/crowd control fencing on both North and South Shore to protect dunes and vegetated wetlands from pedestrian and motorized traffic. Cost estimate: $4,000.00 — To purchase 5,000 feet (50ct - 4'x 100' rolls) of fencing. I: KENAI POLICE DEPARTMENT 4. Signage Improvements - North Shore Two (2) 5-minute load/unload signs on Kenai Avenue at the turnaround. One (1) high visibility Pay Here sign for Iron Ranger (self -pay) station. Thirty (30) Keep off Dune s- $100 Fine signs to be placed on both sides of dunes. Signage Improvements - South Shore Fifteen (15) Keep qff Wetlands - $100 Fine signs to be placed an beach in front of vegetated wetland grass areas. Cost estimate: $4,000.00 5. Public Safety Officer personnel increases are needed to effectively manage the Dipnet Fishery 24/7 during the high usage times of Thursday — Sunday. The attached staff reports clearly show the sheer numbers of dipnetters overwhelming current personnel resources to address fishery management issues during peak use periods. Administration recommends two (2) additional. Seasonal Enforcement Officers (SEOs) and one Public Safety Officer (PSO) FT position to provide 2417 coverage Thursday — Sunday, and significant coverage Monday — Wednesday. Additionally, the PSO will provide year round support to sworn police officers, the Animal Control Department, and Code Enforcement Officer. The SEO positions were originally budgeted to support a broad level of service requests during the summer months, as well as provide Dipnet Fishery support. These positions have evolved into almost exclusively a Dipnet Fishery support position, with very little support directed to other seasonal activity increases handled by the police department. Position justifications and actual costs will be submitted through the FY09 budget process. 109 KPNAI POLICE DEPARTMENT _.._._.. Public Safety Officer Cost estimate: Two (2) part time SEOs (pay/benefits/OT) - $20,000,00 One (1) full time PSO (pay/benefits) - .$1.6,250.00 6. Parks and Recreation personnel increases are needed to address litter patrol, trash and fish waste receptacle change outs, barrier fence repair and maintenance, camping and parking assistance to SEOs and other fishery support duties. Administration recommends two (2) additional Parks and Recreation seasonal employee positions to address these needs. Cost estimate: Two (2) Parks and Rec seasonal emp. (pay/benefits/OT) $15,000.00 Garbage and Fish Waste service improvements are needed to address significant fitter and fish waste issues on the North and South shore. Administration recommends placing pairs of trash & fish waste containers at 400' intervals for about 2,000' along both shores. A "roll-on/roll-off' 20 — 30 yard dumpster would be place on Kenai Avenue and Dunes Road to regularly service these containers. Administration would need to consider the purchase of a I -Ton flatbed truck with crane to service these trash & fish waste receptacles, or contract it out to a service provider. As recently done for the North Shore, Administration recommends making a donation of $7,500.00 to a non-profit or school sports booster club that is willing and able to provide regular litter patrol/clean up duties on the South shore during the fishery. Cost estimate: $7,500.00 for South shore litter patrol $5,000,00 for trash & fish waste receptacle service m Public Safety Officer Total Cost Estimate is $65,000. '/n of this cost ($16,250.00) is borne by Dipnet Fishery revenues, with the remaining $48,750.00 coming from. General Fund to support year round Police operations, off -road vehicle municipal ordinance enforcement, code enforcement, animal control matters, etc. 110 KENAI POLICE DEPARTMENT 8, North Shore Panting continues to seethe most urgent need for improvements. Administration recommends that the City coordinate with the Little League program to allow North Beach overflow parking in the Little League ball fields and parking lots on South Spruce Street. If there are no post -season baseball activities, this area would be ideal for overflow dip netter parking. 9. Administration further recommends that the City explore the purchase of Anchor Trailer Court property, in whole or in part, to address long term municipal parking needs for beach front recreational activity, Little League, Kenai River Personal Use Dipnet Fishery and Special Events parking. Total cost for implementation of Administration recommendations is approximately $75,000,00, excluding the possible purchase of additional property for parking. 0 ill N N DIP NET PARKING AND L-RAMP REVENUE 2007 COLLECTION DATE NORTHSIDE PARKING SOUTHSIDE PARKING DOCK 2007 DAY TOTALS 2007 CUMULATIVE 2006 DAY TOTALS 2006 CUMULATIVE 2005 CUMULATIVE 07110107 710.00 276.00 947.50 1,933.50 1,933.50 2,250,00 2,250.00 -- 6,158.50 - 07/11/07 1,245.00 390.00 675.00 2,310.00 4,243.50 2,509.00 4,759.00 9,003.50 07/12/07 1,710.00 590.00 867.50 3,167.50 7,411.00 3,276.00 8,035.00 13,344.50 07/13/07 3,752.00 1,840A0 1,245.00 6,837.00 14,248.00 4,530.00 12,565.00 20,932.50 07114/07 2,717.90 2,668.00 2,565.00 7,950.90 22,19890 5,188.00 17,753.00 28,621.50 07/15/07 2,966.00 1,475.001 2,435.00 6,876.00 - 29,074.90. 7,275.00 25,028.00 39,359.25 07/16/07 2,100.00 1,160,00 2,105.00 5,365.00 34,439.90 7,431.00 '132,4$9,00: 48,895.25' 07l17/07 6,000.00 3,447.00 2,240.00 11,687.00 46,126.90 6,343.00 38,802.00 66,592.25 07/18/07 3,840.00 1,715.00 3,855.00 9,410.00 55 536.90 8,445.60 47,247.60 73,950.25 07/19/07 3,760.00 2,559.00 3,764.00 10,083,00 65,619.90 8,774.00 56,021.60 82,361.25 07120/07 5,260.05 4,510.00 5,741,00 15,511.05 81,130.95 10,140.00 66,161.60 90,346.25 01121/07 4,200.00 4,525.00 4,500.00 13,225.00 -= 94,355.95 16,122.00 82,283.60 103,033,25 07/22/07 3,570.00 2,110.00 4,080.00 9,760 00 104,115,95 ;0.00 -82,283.60 114,363.25 07/23/07 6,690.00 1,440.00 4,273.50 12,403.50 116,519.45 0.00 - 82,283.60. 126,60925 07/24/07 3,370.00 2,065.00 3,522.50 8,957.50 125,476.95 0.00 82,283.60 136,190.54 07/25/07 3,760.00 2,325.00 6,4.54.50 12,539.50 138,016.45 0.00 _ 82,283.60 141,072.54 07/26/07 4,001.77 2,220.00 2,865.00 9,086.77 147,103.22 0.00 82,283.60 145,487.54 07127/07 6,800.00 4,330,00 4,030.00 15,160.00 162,263.22 0.00 82,283.60 148,891.54 07/28/07 3,250.00 3,550,00 3,845.00 10,645.00 c172,90$22. 0.00 82,283.60 151,812.54 07/29/07 4,171.00 2,065.00 4,067.00 10,303.00 '[-183,21122 `,-0.00 do 82,283160 157,563.54 07/30/07 2,299.00 1,090.00 1,045.00 4,434.00 187,64522 -J0.00 ::_ 82,283.60.: 163,328.54 07/31/07 5,941.75 _ 4,067.75 2,689.00 12,698.50 200,343.72 4,680.50 86,964.10 173,464.85 08/01/07 0.00 0.00 0.00 0.00 200,343,72 0,00 86,964.10 173,464.85 08/02/07 0.00 0.00 0.00 0.00 200,343.72 0.00 86,964.10 173,464.85 08/03/07 0.00 0.00 0.00 0.00 200,343.72 0.00 86,964.10 173,464.85 08/04/07 0,00 0.00 0.00 0.00 200,34372 2,165.00 89,129.10 173,464.85 08/05/07 _ 0.00 0.00 0.00 _ 0.00 200,343.72 6319.95 '- 95,449.05 173,464,85 08/06/07 0.00 0.00 0.00 0.00 200,343.72 47870.00 -100,319.05. 173,464.85 08/07/07 0.00 0.00 0.06 0.00 200,343.72 3,210.001 103,529.05 -: 173,464.85' 08108/07 0.00 0.00 0.00 0.00 200,343.72 3,115.40 106,644,45 173,464.85 06/09/07 0.00 0.00 0.00 0.00 200,343.72 1,485.00 108,129.45 _ 173,464.85 08/10/07 0.00 0.00 0.00 0.00 200,343.72 2,360.00 110,489A5 173,464.85 $82,114A7 $50,417.75 $67,811.501 $200,341721 $200,343.72 $110,489.45 $110,489.45 $173,464,85 NORTHISOUTH SIDE PARKING-------- $132,532.22 DOCK LAUNCH/PARKING---------•-• $67,811.50 TOTAL ----------------- ----------- $200,343,72 SUE C. CARTER Post Office Boa 21.2 Kenai, Alaska 99611 Telephone: 907-283-9272 Email: carterZnesalaskamet October 7, 2007 Honorable Mayor & Members of Council CITY OF KENAI 210 Fidaigo Avenue Kenai, Alaska 9961.1 Year Mayor Porter and Members of Council: As many of you know, residents on Toyon Way in Redoubt Subdivision, have long been plagued with motorized vehicles racing on the beach and up the bluffs and in the Kenai Municipal Park. It appears to be an on -going problem even after the dipnet fishery is at a close. Those trying to walk or play on the beach have to be constantly on the lookout for racing vehicles up and down the beach. The police are called on many occasions but are often times needed elsewhere. Over the Labor Day Weekend, we had racing on the beach from 4:30 am. to 6:30 a.m. and then in the afternoon — I did call the police but the 4-wheeler and dirt bike had already raced up from the beach through the Park and traveled at a high rate of speed side -by -side down Toyon Way. I did follow them to a residence at 118 Haida but, as I stated, the police were quite busy on that weekend with more pressing issues. I walk the park and beach every day. This past week, I made the acquaintance of a new resident from the Homer area who had served on their Planning & Zoning Commission and she suggested I obtain a copy of the Isomer City Code relative to motorized vehicles on the beach. I did so, and include a copy of Ordinance 07-28{A} for your consideration. Thank you for including this proposal in your deliberations relative to the dipnet fishery and use of our beautiful beach area. CC: Mr. Rick Koch, City Manager Sincerely, Sue Carter 113 CITY OF HOMER HOMER, ALASKA Mayor ORDINANCE 07-28(A) 1 AN ORDINANCE OF THE CITY COUNCIL OF 2 HOMER, ALASKA AMENDING CHAPTER 19.16 OF 3 THE HOMER CITY CODE REGULATING THE USE 4 OF THE MOTOR VEHICLES ON BEACHES IN THE 5 CITY AND ESTABLISHING PERMIT 6 REQUIREMENTS. 17 8 WHEREAS, unregulated motorized vehicle use on the tidelands and beaches 9 and coastal zone within the city poses a threat to public safety and creates conflicts 10 with pedestrians and other non -motorized uses on the beach; and I WHEREAS, unregulated motorized vehicle use in such areas is potentially 12 highly destructive to wildlife habitat, particularly on storm berms and mud flats; 13 NOW, THEREFORE, 14 THE CITY OF HOMER HEREBY ORDAINS: 15 Section 1. Homer City Code Chapter 19.16 entitled "Vehicles on Homer Spit 16 Beach" shall be re -titled as "Motor Vehicle Use on Homer Beach Areas", 17 Section 2. Section 19.16.010 is hereby amended to read as follows: 18 19.16.010 General. It is the intent of this chapter to preserve and protect 19 eeftai a City of Homer's beach areas and persons of the HemeF-Spit-from 20 the uncontrolled and ever increasing use of such areas by persons driving 21� end motorized vehicles thereon. 22 Section 3. Section 19.16.020 is hereby amended to read as follows: 23 19.16.020 Definitions. For the purposes of this chapter, StA4,-e dff ou indicates deletion Bold double underscore indicates addition 13126.0002/LEGAL13373648.1 114 Page 2 of 8 ORDINANCE 07-28(A) CITY OF HOMER 24 A.%eaeh_Bg h area" shall include the zone of sand, gravel and other 25 unconsolidated materials that extends landward from the low water Iine to the 26 place where there is a marked change in material or physiographic form. 27 ab., "Berm" means a natural, linear mound or series of mounds of sand or 28 gravel, or both, generally paralleling the water at or landward of the line of 29 ordinary high tide. 30 C, "motorized vehicle" =ans a motorized self r,rnnellPd vehicle having 31 wheels tracks or rollers and shall ;ncl de without (imitation ev ru tune of 32 omobU Z3ck all terrain vehicle motorcycle motor hike a„d mnknr 33 scoolur,. 34 44 "Storm berm" means a berm formed by the upper reach of storm wave 35 surges or the highest tides. Storm berms generally include an accumulation of 36 seaweed, driftwood, and other water -borne materials. A beach may have more 37 than one storm berm. 38 Section 4. Section 19.16.030 is hereby amended to read as follows: 39 19.16.030 Use of Vehicles -Prohibited. a. No person shall operate a motor 40 vehicle within or 41 upon that beach area as defined in the 4nmediately Yfb eedi located 42 from a lane bisecting the Homer Spit at the centerline of the mouth of the 43 Fishin' Hole to the tip of the Spit�a ceg3 for Hermit holders en aRP i in 44 a orizcomrnerciaP activity. 45 h nE the pufpese of this r h 1 46 self pr-epelled vehiele having wheels, tfaeks of reller-s that May be operated EiR 47 48 StrikeOffoug h indicates deletion Bold double underscore indicates addition 13 t26-0002/LEGAL I3373649.1 115 Page 3 0f 8 ORDINANCE 07.28(.4) CITY QE HOMER 49 be. No person shall operate any motorized vehicle upon a storm berm 50 on any beach within the city limits except in desigxateed--areas. if anv. 51 designated by signs posted by apgroval of the City iv<ana r 52 cd. No person shall operate any motorized vehicle upon the following 53 beach or tidal areas: 54 1. Mud Bay 55 2. Louie's Lagoon 56 3. Mariner Park Lagoon 57 4. Beluga Slough 58 d. No person shall operate any motor vehicle on any Qthr beach area or 59 tidal area except as permitted under section 19 16 O50 60 e. The Official "Beach Policy Map of the City of Homer" is enacted by 61 reference and declared to be part of this chapter in its exact form as it exists on 62 the date the ordinance is codified in this chapter and is adopted by the City 63 Council. 64 Section 5. Section 19.16.040 (penalties for violations) is hereby repealed. See 65 section 11 of this ordinance. 66 Section 6. A new section 19.16.050 is hereby created to read as follows: 67 19.16.050 Permitted Use of Motor Vehicles. Except where prohibited under 68 section 19.16.030 or by state or federal law, permit holders may operate 69 approved motor vehicles on beach areas while engaged in the following 70 permitted uses: 71 a. accessing private property; 72 b. gathering coal; 73 c. accessing remote fishing sites or tending set nets; tritlrretzgk indicates deletion Bold double underscore indicates addition 13126-00021LEGA L13373648.1 116 Page 4 of 8 ORDINANCE D 1-28(A) CITY OF HOMER 74 d. engaging in commercial activity in which beach access is necessary; 75 e, accessing remote camping or recreational sites; 76 f. construction and maintenance of duly permitted improvements when 77 beach access is necessary, 78 Section 7. A new section 19.16.060 is hereby created to read: 79 19.16.060 Application for Motor Vehicle Beach Use Permits 80 a. An application for a motor vehicle beach use permit shall be on a form 81 furnished by the City. The application shall require the following information: 82 1. the name, residence, and mailing address of the applicant; 83 2. a copy of a valid driver's license; 84 3. a description of the vehicles) the applicant proposes to use on a 85 beach area; 86 4. a description of the permitted use(s) for which the application is 87 being submitted; 88 5. if the permitted uses include access to remote property, the 89 application must indicate the name of the property owner and state the location 90 of the property; and 91 6. a signed statement indicating that the applicant has read, understood, 92 and agrees to abide by the restrictions and rules related to motor vehicle use on 93 beach areas; and 94 7. such other information determined by the Homer Police Chief to be 95 necessary to make an informed decision on the application. 96 b. There will be no charge for the permits. 97 Section 8. A new section 19. l 6.070 is hereby created to read as follows: Strike 4wexgh indicates deletion Sold double underscore indicates addition 13126.0002/LEGAL 13373 W.1 117 Page 5 of 8 ORDINANCE 07-28(A) CITY OF HOMER 98 19.16.070 Permit Issuance and Denial, a. After a review of the permit 99 application, the Homer Police Department will determine whether the 100 application and requested use complies with the requirements of this chapter 101 and other provisions of the Homer City Code. Based on that determination, the 102 police department will issue and promptly mail to the applicant either: 103 1. written approval of the permit; or 104 2. written denial of the permit, stating the reasons for the denial. 105 b. The denial of a permit may be appealed to the City Manager. An appeal 106 must be in writing and received in the City Manager's office within 14 days 107 after the date of mailing the written denial of a permit. The City Manager's 108 decision on appeal is final. 109 Section 9. A new section 19.16.080 is hereby created to read as follows: 110 19J 6.080 Permit Terms. A permit shall require each person operating under 111 the permit to abide by the following rules while operating a motor vehicle on a 112 beach area. Violation of any of these rules is an offense punishable by a fine. 113 a. No motor vehicle shall be operated in any area prohibited under 114 section 19.16.030 or in any area marked as being off-limits to motor vehicles. 115 b. No person may drive a motor vehicle at a speed greater than is 116 reasonable and prudent considering all circumstances, including without 117 limitation motorized and non -motorized traffic, surface conditions, and weather 118 conditions. Except when conditions exist that require a lower speed for 119 compliance with the preceding sentence, the maximum speed limit on beach 120 areas is 15 miles per hour, unless otherwise posted. &rike4hreugh indicates deletion Bold double underscore indicates addition 13126-0002/LECiAL I33736".1 118 Page 6 of ORDINANCE 07-28(A) CrrY OF HOMER 121 c. Motor vehicles must at all times be operated in a safe and responsible 122 manner and motor vehicle operators and occupants must be respectful of other 123 people, property, and wildlife. 124 d. No person may operate a motor vehicle under the influence of 125 alcohol, narcotics, or drugs. 126 e. A helmet must be worn by the operator and each passenger of an all- 127 terrain vehicle, motorcycle, motor bike, motor scooter, and other similar motor I28 vehicles. 129 f. Motor vehicles are to be used on beach areas only for the permitted 130 purpose. Use of a motor vehicle for "joy riding" or other non -permitted use is 131 prohibited, 132 Section 10. A new section 19.16.090 is hereby created to read as follows: 133 19.16.090 Permit Revocation or Suspension. 134 a. The Chief of Police may revoke or suspend any permit after finding a permit 135 holder has 136 1. violated any permit term or any provision of this chapter; or 137 2. been convicted of an offense under this chapter; or 138 3. misrepresented material facts or falsified information on the permit 139 application. 140 b. Prior to revoking or suspending a permit, the Chief of Police shall provide a 141 permit holder reasonable notice and opportunity to be heard. The decision of 142 the Chief of Police shall be in writing and promptly served by mail on the 143 permit holder. 144 c. The revocation or suspension of a permit may be appealed to the City 145 Manager. An appeal must be in writing and received in the City Manager's Slrfir at,;i indicates deletion Bold double underscore indicates addition 13126-0002/LEGALI 3373648.1 119 Page 7 of 8 ORDINANCE 07-28(A) CITY OF HOMER 146 office within 14 days after the date of the mailing of the decision. The City 1.47 Manager's decision on appeal is final. 148 149 Section IL A new section 19.16.100 is hereby created to read as follows: 150 19.16.100 Violation —Penalty. 151 The violation of any provision of sections 19.16,030 or 19.16,080 is an offense 152 that shall, upon conviction, be punished by fine as follows: 153 1. First offense $25 fine 154 2. Second offense $250 fine 155 3. Third and subsequent offenses $499 fine 156 Section 12. This ordinance is of a permanent and general character and shall be 157 included in the City code. 158 ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this dayof , 2007. CITY OF HOMER JAMES C. HORNADAY, MAYOR ATTEST: JO JOHNSON, CMC, CITY CLERK AYES: NOES: ABSTAIN: Strike4hrough indicates deletion Bald double underscore indicates addition 13126-006VLEG AL 133 73648.1 120 Page 2 of 8 ORDINANCE 07-28(A) CnY OF HOMER First Reading: Public Hearing: Second Reading: Effective Date: Reviewed and approved as to form`. Walt Wrede City Manager Date: S4izike OiFeugh indicates deletion Bold double underscore indicates addition 13I 26-0002/LEGALI3373648.1 121 Gordon J Tans City Attorney Date: KENAI HARBOR COMMISSION MEETING OCTOBER 8, 2007 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- September 10, 2007, ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS a. Discussion -- Dip Net Report ITEM 7: REPORTS a. Director b. City Council Liaison ITEM 8: COMMISSIONER COMMENTS/QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of September 5 and 19, 2007. b. November Meeting Schedule Change C. Dock Rate Schedule dated September 21, 2007 ITEM 11• 122 KENAI HARBOR COMMISSION MEETING OCTOBER 8, 2007 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIR TOM THOMPSON, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER & ROLL CALL Chair Thompson called the meeting to order at approximately 7:15 p.m. Roll was confirmed as follows: Commissioners present: P. Morin, G. Foster, A. Poynor, D. Gregory, T. Thompson, R. Peters Commissioner absent: B. Osborn Others present: Parks &; Recreation Director R. Frates, Council Member M. Boyle A quorum was present. ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3: APPROVAL OF MEETING SUMMARY -- September 10, 2007 MOTION: Commissioner Poynor MOVED to approve the meeting summary of September 10, 2007 and Commissioner Foster SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BustiVESs 6-a. Discussion -- Dip Net Report Chair Thompson introduced the 2007 Dip Net Report and requested any comments be brought forward. Commission comments included: • Enforcement is key to the success of the fishery. Dock Ramp Attendant could assist with traffic on heavy use days. • Reader boards for LOADING ONLY and UNLOADING ONLY would facilitate traffic. 123 It was recommended other comments, suggestions and recommendations be brought forth at the November 13th meeting with the Parks and Recreation Commission and the Kenai Police Department. ITEM 7: REPORTS 7-a. Director -- Frates noted the harbor had been open later than normal due to a survey boat operating out of Kenai. 7-b. City Council Liaison -- None. ITEM 8: COMMISSIONER COMMENTSIOUESTIONS Peters welcomed Dennis Gregory to the commission; thanked the commission for their time; and, noted his interest in better signage to protect the bluff. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD Barry Eldridge, 2679 Bowpicker Lane -- Eldridge suggested action recommendations from various commissions and committees be highlighted in the council packet, i.e. separate documents to be included with the minutes and as an informational item. ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of September 5 and 19, 2007. 10-b. November Meeting Schedule Change 10-c. Dock Rate Schedule dated September 21, 2007 ITEM 11: ADJOURNMENT MOTION: Commissioner Peters MOVED to adjourn and Commissioner Morin SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7:45 p.m. Meeting Summary prepared and submitted by: Corene Hall, Deputy City Clerk HARBOR COMMISSION MEETING OCTOBER 8, 2007 PAGE 2 124 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS OCTOBER 2, 2007 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- September 4, 2007 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM S: OLD BUSINESS a. Discussion -- Goals & Objectives ITEM 6: NEW BUSINESS a. Discussion -- Proposed unattended Children Regulation b. Discussion -- FY09 Budget ITEM 7: REPORTS a. Director b. Friends of the Library C. City Council Liaison ITEM 8: COMMISSION COMMENTS/OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Kenai City Council Action Agendas of September 5 and 19, 2007, ITEM 11: ADJOURNMENT 125 KENAI LIBRARY COMMISSION KENAI COUNCIL CHAMBERS OCTOBER 2, 2007 7:00 P.M. VICE CHAIR EILEEN BRYSON, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER & ROLL CALL Vice Chair Bryson called the meeting to order at approximately 7:00 p.m. The roll was taken and confirmed as follows: Commissioners present: E. DeForest, R. Gilman, E. Bryson, C. Brenckle Commissioners absent: K. Heus, R. Peters, C. Cook Others present: Library Director M. Joiner A quorum was present. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda and Commissioner Gilman SECONDED the motion. VOTE: Heus ABSENT DeForest YES Gilman YES Bryson YES Peters ABSENT Brenckle YES Cook JABSENT MOTION PASSED UNANIMOUSLY. ITEM 3: APPROVAL OF MEETING SUMMARY -- September 4, 2007 MOTION: Commissioner Brenckle MOVED to approve the meeting summary of September 4, 2007. Commissioner DeForest SECONDED the motion. 1a Heus ABSENT ; DeForest YES Gilman YES Bryson YESI Peters a ABSENT Brenckle ;YES ICook ;ABSENT MOTION PASSED UNANIMOUSLY. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None 126 ITEM 5: OLD BUSINESS 5-a. Discussion -- Goals & Objectives Library Director Joiner reminded the commission to forward recommendations for changes to her prior to the next meeting. (November 6, 2007) MOTION: Commissioner Brenckle MOVED to postpone discussion on Goals & Objectives until the next meeting. Commissioner Gilman SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: NEW BUSINESS 6-a. Discussion -- Proposed Unattended Children Regulation Joiner reviewed the need for the policy included in the packet. Commissioner comments included: • Discussion of the age limit choice of eight years old. • Tabling further discussion until the next meeting. • This policy is needed and should go into effect as soon as possible. MOTION: Commissioner Brenckle MOVED to approve the Unattended Child Regulation and requested it be forwarded to the City Council. Commissioner Gilman SECONDED the motion. VOTE: Heus ABSENT DeForest YES Gilman YES Bryson YES Peters ABSENT Brenckle YES Cook ABSENT MOTION PASSED UNANIMOUSLY. 6-b. Discussion -- FY09 Budget Joiner discussed the following items that may impact the FY 09 budget: • Assistant Director attending library school and would be taking at least one six -week internship and perhaps two for a total of 12 weeks off. • Friends of the Library may not fund the gardener position in FY 09. • Budgeting for needed new automation software. LIBRARY COMMISSION MEETING OCTOBER 2, 2007 PAGE 2 127 Commissioner comments included the need for additional staffing and suggested the need may be met with two 20-hour/week positions. ITEM 7: REPORTS 7-a. Director -- Joiner reviewed the monthly report provided to the commission members (copy attached) 7-b. Friends of the Library -- It was reported the annual Dinner/Raffle would be held on October 26 and 27, 2007; tickets are selling well; and, proceeds had been deposited into the building fund in the past. 7-c. City Council Liaison -- None ITEM S: COMMISSION COMMENTS/QUESTIONS Joiner introduced temporary library aide Kelly Salisbury who was in the audience. Gilman reported she would get the word out at the high school about the graphic novel workshop and try to acquire the missing yearbooks for the library. Bryson stated she enjoyed chairing the meeting. ITEM 9: PERSONS NOT SCHEDULED TO BE BEARD ITEM 10: INFORMATION 10-a. Kenai City Council Action Agendas of September 5 and 19, 2007. ITEM 11: ADJOURNMENT MOTION: Commissioner DeForest MOVED to adjourn and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 7:47 p.m. Meeting Summary prepared and submitted by: Corene Hall, Deputy City Clerk LIBRARY COMMISSION MEETING OCTOBER 2, 2007 PAGE 3 i KENAI PARKS & RECREATION COMMISSION OCTOBER 4, 2007 CITY HALL COUNCIL CHAMBERS 7:00 P.M. ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- July 5, 2007 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Mary Jackson -- Kenai Kennel Club ITEM S: OLD BUSINESS a. Discussion -- Section 36/Soccer Field Update ITEM 6: NEW BUSINESS a. Discussion/Recommendation - Cemetery Expansion/Veterans Cemetery b. Discussion. -- Senior Little League Field/Infield Condition and Usage C. Discussion -- Cunningham Park/Drift Boat Pullout d. Discussion -- Municipal Park Shelter Usage e. Discussion -- Youth Crime Prevention Conference f. Discussion -- Dip Net Report ITEM 7: REPORTS a. Commission Chair b. Director C. City Council Liaison ITEM 8: ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of September 5 and 19, 2007. b. Beautification Committee Meeting Summary of September 11, 2007. ITEM 11: ADJOURNMENT 129 KENAI PARKS & RECREATION COMMISSION OCTOBER 4, 2007 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIR DALE SAHDAHL, PRESIDING MEETING SUMMARY ITEM I: CALL TO ORDER & ROLL CALL Chair Sandahl called the meeting to order at approximately 7:15 p.m. Roll was confirmed as follows: Commissioners present: S. Carter, D. Sandahl, J. Beeson Commissioners absent: J. Foglia, K. McDonald, F. Wortham Others present: Parks & Recreation Director B. Frates, Council Member J. Moore No quorum. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- July 5, 2007 ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Mary Jackson -- Kenai Kennel Club ITEM 5: OLD BUSINESS 5-a. Discussion -- Section 36/Soccer Field Update ITEM 6: NEW BUSINESS 6-a. Discussion/Recommendation -- Cemetery Expansion/Veterans Cemetery 6-b. Discussion -- Senior Little League Field/Infield Condition and Usage 6-c. Discussion -- Cunningham Park/Drift Boat Pullout 6-d. Discussion -- Municipal Park Shelter Usage 6-e. Discussion -- Youth Crime Prevention Conference 6-f. Discussion -- Dip Net Report ITEM 7: REPORTS 7-a. Commission Chair 7-b. Director 7-c. City Council Liaison ITEM S: COMMISSION QUESTIONS & COMMENTS 130 ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION 10-a. Council Action Agendas of September 5 and 19, 2007. 10-b. Beautification Committee Meeting Summary of September 11, 2007. ITEM 11: ADJOURNMENT Due to the lack of quorum, the meeting was closed at approximately 7:16 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PARKS AND RECREATION COMMISSION? MEETING OCTOBER 4, 2007 PAGE 2 131 SUE C. CARTER Post Office sox 212 Kenai, Alaska 99611 Telephone: 907-283-9272 Email: carterQ),acsalaska.net October 7, 2007 Mr. Dale Sandahl, Chairman Kenai Parks & Recreation Commission 210 Fidalgo Avenue Kenai. Alaska "611 Dear Dale: Though greatly honored to have been asked to serve on the Parks & Rec Commission, I find that I am unable to participate at this time. However, please be assured that I am truly impressed with the Kenai Parks & Rec programs and projects and will continue to support your efforts and endeavors. Thank you for allowing me the opportunity to serve the City of Kenai. CC: Mr. Bob Frates, Director Sincerely, Sue Carter 132 ��„ tkt city a� KENAUALASNA DATE: NAME: CITE' OF KENAI Village with a past — City with a future. " BACKGROUND AND PERSONAL ► COMMISSIONS I J �i Cijuu E Y C?( RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EXT. 231 FAX: 293-5068 J Resident of the City of Kenai? t S How long? Residence Address Mailing Address ,�!,r� CA- P -� } 1161t k r, q� � 11 Home Telephone No. 'As " q uo 'i� Home Fax No. 4/A Business Telephone No �jY A Business Fax No. _t! /_A Email Address: May we include your contact information on our web page? ALL e if not all, what information may we include? EMPLOYER: NA Sob Title SPA NAME OF SPOUSE: i J �A Current membership in organizations: -i�r� P o" - 0'� x G+ti �� a Past organizational memberships: tij 1' COMMTPTE OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Ca 5 ^" j WHY DO YOU WANT TO BE INVOLVED 7,1TH THIS COMMISSION IT OR COMMTEE?., % ,TT�h 1 k�,Q � l� f.P t- hr� rvv�� �� '�h ��n�- .10 �r °, fir, +72TS✓� u2 ..,.�, t K C'e >& n , tip WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR CO t SEE EMBERSHIP?. S�J c,S ¢n-4 13u 4LLA [i- V u (" P 4,r7i OVn i3 7L rn rnn 2-1 Signa 133 Oct 16 07 09:46a Al Hull Rstech DATE: /®/i6Idy NAME- '074 I' o // Resident of the City of Kenai? 907-335-2783 CITY OF KENAI Village with a past — city with a future. BACKGROUND AND PERSONAL ,: • • . • s r • ���� now Long? RETURN TO: KENAI CITY CLERK 210 FIDALGO AVENUE KENAI, AK 99611 PHONE: 283-7535, EST. 231 FAX: 283-5068 Residence Address 3-4ZjG CC-7-A)0-Cx 4A1 2<42MA% A VCMrs Nailing Address ��1]�m Home Telephone No. Z63- 9Oy (= Home Fax No. iU/,a Business Telephone No 74,'3 S - Z+6 Business Fax No. -615- 2-1$3 Email Add (4t hlv 1) A+sreerf Ca Aes A latra . me.t May we include your contact information on our web page AL If not all, what information may we include? EMPLOYER: NAME OF SPOUSE: _ I'yw kv Current membership tot!! a: rnn t)-s e S Past organizational memberships: •IS CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 10, 2007 - 7:00 p.m. I. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences 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. *September 26, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ07-50 — A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the Land Use Table in KMC 14.22.010 be amended by separating "Storage" from the current use listing of "Manufacturing/ Fabricating/Assembly Storage;" adding "Storage Yard" and "Mini -Storage Facility to the listed uses in the Land Use Table and that KMC 14.20.320 be amended by providing definitions of"Wholesale Business," "Mini -Storage Facility," "Storage Yard," and "Warehouse." (Postponed from September 26, 2007 meeting). b. PZ07-52 — An application for an encroachment permit a 16.5-foot rear yard encroachment for a storage shed for the property known as Lot 4, Block 13, Inlet Woods Subdivision Part One (1006 Channel Way). Application submitted by Jason & Ellen Hampton, 1006 Channel Way, Kenai, Alaska. c. PZ07-53 — An application for an encroachment permit a 15-foot rear yard encroachment for a storage shed for the property known as Lot 11, Block 1A, Inlet Woods Subdivision Part One (1108 Inlet Woods Drive). Application submitted by Daniel V. Alston, P.O. Box 142, Soldotna, Alaska. d. PZ07-55 —A resolution of the Planning and Zoning Commission of the City of Kenai Alaska recommending that the Kenai City Council approve the updated Historic Preservation Plan for the City of Kenai. 6. OLD BUSINESS: a. Proposed amendment to KMC 9.10.050 and 9.10.020 to require owners of multiple family dwellings and mobile home parks to provide for property garbage containers and garbage collection. Discussion. (Postponed from September 26, 2007 meeting). 7. NEW BUSINESS: 134 8. PENDING ITEMS: a. PZ07-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessory Structures) be amended by adding a section prohibiting the use of connex-type metal shipping containers for storage in residential zones. (Postponed 7111/07 — no time certain.) b. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring dumpsters to be screened on at least three sides. (Postponed 7/11/07 — no time certain.) 9. REPORTS: a. City Council b, Borough Planning c. Administration 10. PERSONS PRESENT NOT SCIMDULED: 11. INFORMATION ITEMS: a. Planning & Zoning Meeting Cancellations b. PZ07-54 — Landscape/Site Plan — Sandra J. Vozar-Ginavan, Old Town Village Restaurant — 510 Lapland Street, Lot 22A, Block 5, Original Towmsite of Kenai — Vozar Addition c. Zoning Bulletin (9/1/07 & 9/15/07) 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: 135 ZONINGCITY OF KENAI PLANNING & • OCTOBER 10, 2007 •Y P.M. COUNCILKENAI CITY ITEM 1: CALL TO ORDER Vice Chair Wells called the meeting to order at approximately 7:00 p.m. I -a. Roll Call The roll was taken and confirmed as follows: Commissioners present: T. Lewis, S. Romain, R. Wells, P. Bryson Commissioners absent: R. Smagge, J. Twait Others present: City Planner M. Kebschull, Council Member R. Ross A quorum was present. I-b. Agenda Approval Wells noted the following: ADD TO: Item 1-d, Excused Absences Jeff Twait ADD TO: Item 9-a, City Council Report Council Action Agenda for October 3, 2007 ADD TO: Item 11-d, Information Items Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions MOTION: Commissioner Romain MOVED to approve the agenda with the added items and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda as presented and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. 136 1-d. *Excused Absences Jeff Twait (added at the beginning of the meeting) Approved by consent agenda. 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. ITEM 2: APPROVAL OF MINUTES --September 26, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS --None ITEM 5: PUBLIC HEARINGS 5-a. PZ07-50 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council the Land Use Table in KMC 14.22.010 be amended by separating "Storage'' from the current use listing of "Manufacturing/ Fabricating/Assembly Storage;" adding "Storage Yard" and "Mini -Storage Facility to the listed uses in the Land Use Table and that KMC 14.20.320 be amended by providing definitions of "Wholesale Business," "Mini -Storage Facility," "Storage Yard," and "Warehouse." (Postponed from September 26, 2007 meeting). Planner Kebschull reviewed the resolution in the packet, noting the motion to approve PZ07-50 and the motion to amend (changing Mini Storage and Storage Yard from "C" (conditional use) to "N" (not permitted) within the Recreational Zone and changing Mini Storage from "C" (conditional use) to "N" (not permitted) within the Townsite Historic District) were active. Wells reviewed the rules and opened the meeting for public comment. There being no comments, the public hearing was closed. Commission comments included the need to maintain flexibility but realizing some things do not belong within some zones. VOTE ON AMENDMENT: PLANNING & ZONING COMMISSION MEETING OCTOBER 10, 2007 PAGE 2 137 Lewis YES Smarm e ABSENT Romain YES Wells YES Twait EXCUSED Brvson YES MOTION PASSED UNANIMOUSLY. Lewis YES Smae e JABSENT I Romain YES Wells YES Twait EXCUSED Bryson YES MOTION PASSED UNANIMOUSLY, 5-h. PZ.07-52 - An application for an encroachment permit a 16.5-foot rear yard encroachment for a storage shed for the property known as Lot 4, Block 13, Inlet Woods Subdivision Part One (1006 Channel Way). Application submitted by Jason & Ellen Hampton, 1006 Channel Way, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, recommending the owner continue the wood fence along the back property line. Wells opened the meeting to public comment. Jason Hampton, 1006 Channel Way -- Thanked Kebschull for her help with the encroachment permit, supported the permit, and added, he planned on putting in landscaping, flower beds, and a pond. Daniel Alston, 1108 Inlet Woods Drive -- Supported the permit and added, he believed the rear setback for sheds larger than 120 square feet was excessive. There being no further comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ07-52, changing staff recommendation # 1 to accept the back fence be wire mesh, and including recommendation #2. Commissioner Romain SECONDED the motion. VOTE: Lewis YES Smagge ABSENT Romain YES Wells YES Twait EXCUSED Bryson YES MOTION PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING OCTOBER 10, 2007 PAGE 3 138 Kebschull read the appeals process procedure. 5-c. PZ07.53 An application for an encroachment permit a 15-foot rear yard encroachment for a storage shed for the property known as Lot 11, Block 13, Inlet Woods Subdivision Part One (1108 Inlet Woods Drive). Application submitted by Daniel V. Alston, P.O. Box 142, Soidotna, Alaska. Kebschull reviewed the staff report in the packet, noting the owner brought pictures of his fence and the yard from his house in Washington State that showed pride of ownership. Wells opened the meeting to public comment. Daniel Alston, 1108 Inlet Woods Drive -- Spoke in support of the permit. Jason Hampton, 1006 Channel Way -- Spoke in support of the permit. There being no further comments, the public hearing was closed. MOTION: Commissioner Remain MOVED to approve PZ07-53, changing staff recommendation #1 to accept the back fence be wire mesh, and including recommendation #2. Commissioner Lewis SECONDED the motion. Commissioner Bryson publicly declared he owned property in the area and had no interest in the property. VOTE: Lewis YES Smagge ' ABSENT Romain YES i Wells I YES Twait ! EXCUSED Bryson Wells read the appeals process procedure. 5-d. PZ07-55 — A resolution of the Planning and Zoning Commission of the City of Kenai Alaska recommending that the Kenai City Council approve the updated Historic Preservation Plan for the City of Kenai. Kebschull reviewed the staff report in the packet, noting incorporation of all modifications and recommendations from work sessions with the Kenai Historical Society. PLANNING & ZONING COMMISSION MEETING OCTOBER 10, 2007 PAGE 4 139 Wells opened the meeting for public comment. Barry Eldridge, 2679 Bowpicker Lane -- Distributed a copy of a letter he wrote to Kebschull in the fall of 2006 (copy included) suggesting changes to the Kenai Municipal Code; spoke in support of the Preservation Plan, noting more responsibility would fall to the Planning & Zoning Commission; and added, he believed the Kenai Municipal Code did not provide encouragement to create buildings to fit into the Historical Townsite. George Ford, 526 Ash Avenue, President; Kenai Historical Society -- Thanked the Commission for allowing the Historical Society to participate in the update of the Historic Preservation Plan. Ford spoke in support of the resolution. Becky Tromblee, 510 Mission -- Spoke in opposition to the resolution, noting she did not want any large commercial buildings within Old Town and referred to the issue of Veronica's Coffee House "stealing" land from the Russian Church. Kebschull noted the issue was a civil matter between the parties and the city was not involved. There being no further comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ07-55 and Commissioner Lewis SECONDED the motion. Commission comments included: ® Thanked the public for their input. * The Commission would be researching the code regarding the issues presented. The Historic Preservation Plan would tie in with the Kenai Economic Development Strategy (KEDS) plan regarding tourism. VOTE: Lewis YES j Smagge I ABSENT ( Romain , YES Wells i YES 1 Twait I EXCUSED j Bryson IYES ITEM 6: OLD BUSINESS 6-a, Discussion -- Proposed amendment to KMC 9.10,050 and 9.10.020 to require owners of multiple family dwellings and mobile home parks to provide for property garbage containers and garbage collection. (Postponed from September 26, 2007 meeting). PLANNING & ZONING COMMISSION MEETING OCTOBER 10, 2007 PAGE 5 I e Kebschull reviewed the draft ordinance, noting the amendment would clear up a "gray area" in the Code making owners responsible for garbage containment and collection, reported the City Council requested comments from the Commission regarding the amendment, and, action did not need to be taken. Commissioner comments included: Agreement with the amendment. • It was realistic to require owners to be responsible for garbage containment and collection. • Problems would be addressed through the Code Enforcement Officer. Wells opened the meeting to public comment. Kristine Schmidt, 513 Ash Avenue -- Noted she believed condominiums should not be included in the amendment as some condominiums may not have condominium associations. There being no further comments, the public hearing was closed. ITEM 7: NEW BUSINES -- None ITEM 8: PENDING ITEMS 8-a. PZ07-24 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.200 (Accessory Structures) be amended by adding a section prohibiting the use of convex -type metal shipping containers for storage in residential zones. (Postponed 7/11/07 -no time certain.) 8-b. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai, Alaska, recommending to the Council to enact KMC 9.10.015 requiring dumpsters to be screened on at least three sides. (Postponed 7/ 11/07 - no time certain.) ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the action agenda items from the City Council meeting of October 3, 2007, noting Ordinance No. 2230-2007 regarding Airport leasing failed after reconsideration and there would be a resolution introduced regarding reinstating the buffer zone behind the Aspen Hotel fronting Walker Lane. PLANNING & ZONING COMMISSION MEETING OCTOBER 10, 2007 PAGE 141 9-b. Borough Planning -- Bryson reviewed the action agenda items from the Borough Planning meeting of October 8, 2007, noting the vacation of a 120-foot storm drain in Dena'ina Point Estates within the City of Kenai. 9-c. administration -- Kebschull suggested a work session regarding shed setbacks, noted the November 28 and December 26 meeting cancellation request was approved, and the landscape site plan for the Vozar-Ginavan property in Old Town was approved, including the paving of Upland Way. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Planning & Zoning Meeting Cancellations 11-b. PZ07-54 - Landscape/ Site Plan - Sandra J. Vozar-Ginavan, Old Town Village Restaurant - 510 Upland Street, Lot 22A, Block 5, Original Townsite of Kenai - Vozar Addition 11-e. Zoning Bulletin (9/ l /07 & 9/ 15/07) ITEM 12: COMMISSION COMMENTS & QUESTIONS Lewis thanked the Hamptons and Alstons for their pride in their homes and welcomed them to the community. Romain -- None Wells -- None Bryson -- None ITEM 13: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:35 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING & ZONING COMMISSION MEETING OCTOBER 10, 2007 PAGE 7 142 OCT-eS-2007 12:51 PM PENINSULA MEM. CHAPEL.O.. 19072836116 P.01 CITY OF KENAI tillage with a past -- City with a future. " f 1. RETURN TO: KENAI CITY CLERK z 10 FIDALGO AVENUE KENAI, AX 99611 PHONE: 383-7535, EXT. 731 FAX.: 283.5068 DATE: Resident of the City of Kenai? SecT;� 14 l [ How long? -- Residence Address M Mailing Address 6--k3q k e• r, _ k e-.. Home Telephone Hone Fax No. t�P� �� Business Telephone No_ Business fax No. Email Address: May we include your contact information on our web page? ALL V1f not all, what information may we include? __ .� �_-� �. __ _. —✓_ _____,__.__ _, EMPLOYER_Job Title _jFsa : NAME OF SPOUSE: Current membership in organisations: G,v •, 5 jcj F ..../c Past organisational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: M Signatk43 'Vitliage WA a Nst, Cif, witk a uiarc ' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 tiE•,, Telephone: 907-283-3692 / FAX: 907-283-3693 tiveee'tyo� KEKAI, ALASK MEMORANDUM To: Rick Koch, City Manager From: Robert J. Frates, Parks & Recreation Director` Date: October 10, 2007 RE: Mid -month Report The department spent the last couple weeks performing post -season tasks, i.e., equipment and facility cleaning, winterizing restrooms and drinking fountains, picking up hoses and trash receptacles, and cleaning out flowerbeds, etc. Furthermore, turf maintenance continued through September with the last mowing occurring October 1' Approximately 123 hrs of ice is currently scheduled for the month of October. The 4 on 4 Young Guns League continued to build momentum but comes to an end October I i`". Mr. ?Nate Kiel and Mr. Vince Redford have been instrumental in addition to putting together a small adult tournament which is scheduled October 12i" — 14`h The Kenai River Marathon was a success with more than 70 runners competing. Many runners were from out-of-town, including Fairbanks and the Anchorage area with several being high caliber runners. Our annual wrap-up meeting is planned for Thursday, October I I'h and will give us an opportunity to explore ways to make it bigger and better next year. The dirt work performed near the ice rink has been seeded. Additionally, the grade work completed by the Street Dept, behind the rink should improve drainage this spring. 145 Kenai Community Library Monthly Report October 2007 ---------------------- September Circulation Figures Adult Fiction 1869 Internet Access 1239 Adult Non -Fiction 1347 Music 172 Periodicals 45 Puzzles 1 Juvenile Fiction 487 Videos 730 Juvenile Non -Fiction 246 DVDs 1650 Easy Fiction 1328 Audio books 213 Easy Non -Fiction 257 Miscellaneous 18 Interlibrary Loan 14 Computer Programs 24 Total Print 5,593 Total Non -Print 4,047 Total Circulation 9,640 Internet Express Use 704 Total Catalog Searches 5,597 Library Visits....... 7,341 In -House circulation 94 Downloadable Audio 95 Circulation figures for September 2007 were 18% higher than those in September 2006. The number of people who waited for computers this month was 35. Income Fines and Rental Books Xerox Lost/Damaged Total income 09107 Additions to collection Withdrawals from collection Interlibrary 'Loans Ordered Received Returned Loaned by us Volunteers Hours $1,167.60 284.00 146.85 $ 1,598.45 0 Books 25 15 13 29 10 76 Library Cards Issued September 2007 Kasilof 7 Kenai 66 Nikiski 21 Ninilchik 1 Soldotna 22 Sterling 2 Non -Resident 5 Organization & Other 12 Internet use onlv 3 Total 1.39 F�� ult Programs .......... 6 ersons .............. 53 Children's & Family Programs.... 20 Participants ................................. 394 lime To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: October 11, 2007 Subject: September Monthly Report Total Meal Count 2007 Served: Total Congregate Meals Served: 1160 Total Horne Meals Served: 2014 Total Non -Seniors: 8 Total Meal Count 2002 Served: Total Congregate Meats Served: 1,148 Total Horne Meals Served: 1,220 Total Non -Senior Meals: 51 We had a total of 688 volunteer hours for the month of September. September was the kick off for the United Way Campaign. The campaign will run until the end of October. We had our annual bake sale & garage sale. It was a great success! The Director and her Assistant attended E-Grant training in Anchorage. This will allow staff to submit our state grant through the Internet. Hopefully this will cut down on time for submittal as well as expense in copies and mailing. The Assistant Director also attended a Medicare workshop. She had 18 individuals appointments this month for Social Security and Medicare related issues. AOA and OAA Programs Achieve Highest Rating from White House Budget Office, The White House Office of Management and Budget (OMB) recently released the results of its Program Assessment Rating Tool (PART) assessment of Older Americans Act (OAA) programs. AOA programs were classified as "Effective." This is the highest rating and has been awarded to only 18 percent of the government programs evaluated by OMB. According to the assessment on Expectmore.Gov, AoA and OAA programs have a clear purpose and are well managed, efficiently providing high -quality home and community -based services, and promote the well being and independence of the elderly. This achievement is the result of the outstanding performance at all levels of the Aging Services Network, The Kenai Senior Services is part of this Aging Service Network. We work hard with our State Coordinator to provide quality services to our seniors within our community. 147 II AirportManager's Monthly Report October 0 Municipal ,Airport Runway Improvement Project: The NAVAID light work is processing at the north end of the runway. The FAA has a flight check of the VASI's scheduled for Friday, October 12th. The float plane basin will be completely closed and drained starting October 15. The project will be completed and the water control valve again be closed to allow winter and spring refill into the basin. The contractor anticipates about two weeks to drain, complete the earthwork, and close the valve. Airport Disaster Drill: On Saturday, October 13th, the Airport and KFD will hold the FAA required triennial full-scale emergency exercise. The drill is designed to exercise the airport emergency control plan and will be held at the PRISM facility. Winter Preparation: The airport crew is busy stockpiling sand and urea. The sprinkler systems have also been winterized. Airport Administrative Assistant Vacancy: The Airport Administrative Assistant II position was posted through the Peninsula Job Services for 2 weeks and closed on October 5th. Airport staff will conduct interviews the week of October 15th and expect to fill the position around the 1 st of November. ERA 5,967 21.47% 78.53% 2007 Monthly Enplanements GRANT 1,631 ERA GRANT CHANGE KENAI Combined Month AVIATION AVIATION Total FROM 2046 AVIATION Month Total 2006 Jan 5,758 1,659 7,417 951 6,466 262 7,679 Feb 5,010 1,421 6,431 -2 6,433 286 6,717 Mar 5,147 1,520 6,667 -141 6,808 262 6,929 Apr 5,021 1,477 6498 309 6,189 280 6,469 May 5,725 1,666 7,391 320 7,071 343 7,414 Jun 6,244 1,591 7,835 292 7,543 336 7,879 Jul 9,631 1,975 11,606 236 11,370 321 11,927 Aug 8,270 1,941 10,211 837 9,374 397 10,608 Se 5,967 1,631 7,598 239 7,359 320 7,918 Oct 0 7,033 Nov 0 7,068 Dec 0 7 356 Totals 56,773 14,831 11,654 3,U41 UU,UrU ERA and Grant are scheduled air carriers and Kenai Aviatic taxi. 1,ifU! 7S,y4U an on -demand air .FZealuroaxs Third Quarter 200,7�m...,._, _ .. ...�. TYPEOFPERMIT Resolution## TYPE MEF.TZNGDATE ACTION Amend KMC Conditional Use Permit Encroachment Permit Home Occupation Permit Landscape/Site Plan 08 October, 2007 200724 14,20,200 Connex Ordinance 07/11/2007 postponed 200725 g.10.016 Dumpster Screening Ordinance 07/11/2007 Postponed 200728 12.20.030(a) Junk Ordinance 07t1112007 Failed - Rec. Approved 200749 14.5.060(b) House Numbers 09/26/2007 Approved 200735 Amend CUP from B&B/Guide Service to 07125i2007 Approved LodgerGuide Service 200740 Communications Tower 0B/08/2007 Approved 200733 Side Yard 07/11/2007 Approved 200742 6-foot front yard setback 0810812007 Approved 200745 Front Yard Setback 08/22/2007 railed 200737 Daycare 07/25/2007 Approved 200730 State of Alaska Court House Expansion 08/15/2007 Approved 200739 Rogers Maintenance 07/25/2007 Approved 200741 Communications Tower 07/1912007 Approved 200744 Alaska USA 08/07/2007 Approved 200748 Aircraft Hangar& Office Building 08/17/2007 Approved 200754 Old Town Village Restaurant 09/26/2007 Approved Page 1 q,(2 150 TYPE OF PERMIT Resolution## TYPE MEETINGDATE ACTION Preliminary Plat rezone T,SH Development Varionce 200738 Horseshoe End @ River Bend SD Addn. #1 07/25/2007 Approved 200751 Beaver Creek Alaska SD Sherwood Addn. 09726/2007 Approved 200729 Central Mixed Use Rezone 07/11/2007 Approved 200746 GC - LC 08/22l2007 Approved 200743 Storage Shed 08/08/2007 Approved 200747 Restaurant/Catering 0812212007 Approved 200734 Side Yard 07/11/2007 Approved 200736 Principal Stmotures 07/25/2007 Approved 08 October, 2007 Page 2, of'2 151 Third Quarter 200Building Permits Note: Other includes additions, `C. alterations, repairs, and renovations. R=Residential G=Gommerclai SFD=Single Family Dwelling MFD=Multi-Family Dwelling Permit #: Date Owner Address Description Plan Fee Permit Fee Valuation RIC B4422 07f06/2007 Anthony & Dianna 1010 Inlet Woods Dr New-SFD $0.00 $0.00 $0 R Prior -Pending File `B4423 i 07/1112007 Myrna Davidson & 610 Sandpiper Lane New-SFD $279.58 $559.16 $190,000 R _ _-- _ _ Jerry Abemathy I134424 1 07/11/2007 Ted Williamson 106 Tern Ave. Other-RES $0.00 $23.50 $400 R 64425 07/16/2007 Kenai Residences LLC- 10431 Kenai Spur IIwy New -Commercial $12,29820 $18,920.30 $4,647,000 C Aspen Hotel B4426 07/1712007 Mike Mendenhall 4700 Sockeye Ci. Other-RES $205.24 $410.48 $128.000 R B4427 �` 07/20/2007 Abby Ala 5220 Strawberry Rd. New-SFD $80.64 $161.28 $55,000 R 64428 z 07/20/2007 Phillip Draheim 410 Highbush Le. Other-RES $106_I2 $212,24 $34,000 R 164429 07/20/2007 Lee LeNard 2745 VIP Dr_ Ncw-SFD $398-30 $796.60 $204,000 R iB4430 07/20/2007 Robert Reid -Pending 305 Highbush Lane New-SFD $0.00 $0.00 $0 R File 84431 07/20/2007 Richard & Less, Baker 381,0 Togiak St. Other -RP S $80.64 $161.28 $10,000 R �V4432 07/24/2007 Tim Baumer 860 Set Net Dr. Other-RES $195.63 $391.25 $25,000 R B4A33 __ "J 07(30/2007 Sherrie Petry R20 Set Net Dr. New-Garage/Carport $188.16 $376.32 $47,000 R B4434 _ _ 07/30/2007 Joint Caudle 505 Ames Rd. New-Garage/Carport $ I03.60 %207.20 $57,000 R 10 October, 2007 Page 1 of 3 Permit #: Date Owner Address Description Plan Fee Permit Fee Valuation R/C I134435 i 07/30/2007 Charles Cole 11823 Kenai Spur lhvy_ Other-RES $11.75 $23.50 $500 R #33 B4436 07/31/2007 terry & Sonja Hassel 2800A Beaver Loop Rd_ Other-RES $0.00 $100-00 $2,000 R 48 84437 07/31/2007 JameS Carr 304 McKinley St. New-Garage/Carport $62.72 $125A4 $40,000 R iB4438 08/10/2007 Alaska USA Federal 230 Bidarka St New -Commercial $4,831.94 $7,433.15 $ I,S00,000 C Credit Union 1134439 1 08/10/2007 Richard C_ Kapp 2605 VIP Drive New-Garage/Carport $63.00 $126.00 $33,000 R 14440 08/1012007 A. Ed Gaethte 4085 Lupine New-Garage/Carport $I0.08 $20.76 $2,900 R 1134441� 08/10/2007 James Libert 7815 Kenai Spur Hwy Otter -Commercial $10920 $169.00 $6,000 C N [14442 ] 08113/2007 Don L. Johnson 5345 Kenai Spur Hwy. Other -Commercial $6&60 $137-20 $216 C W B4443 t -- 09/17/2007 Steven Lat7 525 Shane Ct. Other-RBS $21.56 $43.I2 $10,000 R -- B4444 09/17/2007 Robert W_ Robinson 1206 4th Ave. Othcr-RFS $20.16 $40.32 $13,500 R 84445 08/17/2007 Gail L. Caldwell 311 Sterling Ct. Other-RES $16.80 $33.60 $4,000 R �B4446 08/17/2007 Justin Lee Patton- 304 Hutto St. New-SFD $157.50 $315.00 $127,000 R — W ilsbusen 1114447 08/24/2007 Abby Ala- Cabin 1 5220 Strawberry Rd. Now-SFD $80.64 $161.28 $55,000 R 14448" 08l24/2007 Gail Sorrels 2710 Watergate Way Other-RES $13.44 $26.88 $4,000 R IB4449 I 08/24/2007 GCl-Jbwer 2415 Redoubt Ave. New -Commercial $1,403.06 $2,158.55 $308,000 C B4450 08i24/2007 Kent P. Cherdor 1011 Alaska Ave_ Otter-RES $22.40 $4A.80 $3,500 R 10 October, 2007 Page 2 of 3 Permit #: Date Owner Address Description Plan Fee Permit Fee Valuation R/C .-._ --`=84451 08l24l2007 Jason lout 110 Haida Dr_ Other-RHS $40.60 $g L20 $56,000 R B4452 09/24/2007 Ross & Angelia Harding I535 Angler Dr_ Otter-RES $100.80 $201.60 $40,000 R iB4453 08/24/2007 Amundson Educational 102 Big Horn Ci. New-SFIA $385.84 $771.68 $251 000 R Center 134454 I 08/24/2007 James Slone 603 Cedar Dr. Other -ICES $16.33 $32.65 $800 R IS4455 t...__..- 08/28/2007 James H_ Tapley- 1206 Portside Dr. New-SFD $0.00 $0.00 $0 R Pending File A44L56 08/30/2007 Alaska Court System- 125 Trading Bay Rd. Other -Commercial $12,815.40 $19,716.00 $4,865,000 C — - Kenai Court house I7�57 _ 09/05/2007 David S. Landry 108 Paula St. Other-RES $133-28 $266.56 $35,000 R I34458 1 0911312007 Gabe & Lisa Linegar 2730 Seine St. New-SF17 $374-92 $749.84 $254,000 R r ._ (n -A 1 4459 09/14/2007 Vincent M. Johnson 225 Phillips Dr- New-SFD $213.92 $427.84 $138,000 R 34460 r 09/19/2007 John Maw 114 Candlelight Dr. New-Garage/Carport $58-80 $117.60 $31,000 R `B4461 ] =--- - 09/24/2007 Schilling Alaska 130 S. Willow Street Other -Commercial $117.81 $18L25 $10,000 C B4462 09125/2007 Patrick Reilly 1812 Brannigan Ci New-SFD $126.00 $252.00 $100,000 It B4463 09/28l2007 K. Dale & Charlene 1110 Inlet Woods Dr. Other-RES $13.44 $26.88 $4,100 R I. Ilansen 84464i 09/28/2007 Sandra J. Vozar. 510 Upland St. New -Commercial $208.81 $321.25 $20,000 C Ginavan-Foundation 134465 09128/2007 Safeway Inc- #1808 10576 Kenai Spur Hwy. Other -Commercial $5,543_69 $8.528,75 $1,800,000 C Grand Total $40,978.60 $64,852,31. 15,111,916 Note: Fees include amounts not collected on city projects and non-profit donations. 10 October, 2007 Page 3 of 3 Lit City of Kenai UVIA 1, i ♦ r • S Project Plans Pre- Bid Addenda Engineer/Architect Award Project Issue NTP Completed Issued Bid opening Issued or Project Manager By Date RFP Prof. Services for 4/14/04 N/A 516104 DOWU DOWL Engineers 7/1104 5115106 Supplemental Planning Assessment Airport Cronkhite AP Runway Improve. Safety 518/06 5123/06 6/9/06 @ 2 1-4 Wince-Corthell- QAP 8121/06 611108 Areas, Pavement & Lighting 2 p.m. p.m. Bryson/La Shot Wildwood Water Main — 519107 4117107 4/30/07 @ 2 5/23t07 Wm. J. Nelson & North Star Paving & 7118/07 9f151u 2007 @ 10 p.m. Associates Construction, Inc. 10/15/07 a.m. Animal Control and Building 7/9107 NIA 7/24/07 @ 2 JL Stanley Ford — 8/2107 12/1107 Maintenance Vans p.m. Animal Control Van Hutchings — Buildings Van Kenai Soccer Park 2/14/07 2/28/07 3/14/07 @ 3/5107 Wince-Corthell-Bryson CIC, Inc. 413/07 Complete Construction — 2007 2pm 2007 LID's & Miscellaneous 316107 3/15/07 3/27107 at 2 Wm. J. Nelson & QAP 4/19/07 Waiting for Paving — at 10 2 p.m. Associates final McCollum/Aliak/Japonski a.m. inspection and closeout Angler Dr. & Set Net Dr. paperwork FV I Date October 11, 2007 To: City Manager From: Fire Chief Tilly, by Lori Holleman Subject: Midmonth report Sept. 12 through Oct. 9, 2007 Runs for the timeframe of 9-12-07 to 10-9-07 Run total for the year 1019 Total last year at this time 984 Last 30 days 115 Summary of activities for the last month: 1. Firefighters Coots and Horton received 40 hour ARFF training at PRISM. 2. Throughout this time, we had 5 students from Paramedic Program at the college for Ride Along. 3. Attended KPEMS meeting in Soldotna. 4. Little People's Learning Pre -School from Soldotna for a station tour. 5. Auto Extrication Multi -Company Drill for KFD personnel. 6. Sent 3 people to State Firefighters Conference in Valdez. a. Received Rescue of the Year Award from Hurst Emergency Products. b. Attended Fire Standards Council. 7. October is Fire Prevention month. We have been to the following schools to date: a. Aurora Borealis b. Reads Primary c. Mt. View Elementary 1 156 KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 Police Activity Report -September 2007 .N'f The Department continues to participate in 2 traffic safety grants, focusing on DUI and Seatbelt enforcement ("Click It or Ticket" campaign). Officers made 73 arrests and wrote 362 reports during September, they also gave 68 traffic warnings and wrote 33 speeding tickets, 9 seatbelt tickets, and 21 citations for "other" traffic violations. There were 17 reported vehicle crashes, 8 of which the Department completed written reports. Of the crashes only one resulted in an injury. In response to the crashes, Officers wrote 5 citations and made one DUI arrest. Officers Turnage and Hershberger attended a 1-day DEA class in Anchorage on the 26 h. The Department lost Dispatcher Beverly Stavley & Officer Mike Louthan to retirement, and Dispatcher Janet Matson resigned to take a job with the Court system; the Police and Communications Departments are in process of filling the vacancies. Monthly reports from Communications, Animal Control, and Code Enforcement are attached. 157 KENA.I POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 TO: Charles Kopp Chief of Police [ Offikm FROM: Michael Nusbaumk-'� Communications Supervisor DATE: October 2, 2007 SUBJECT: September 2007 Statistics During the month of September 617 ST-I's were generated as a result of calls for service. 83 of those calls were reported over 911, with 5 being reported as a hang-up 911 calls. Mike Nusbaum and Greg Beckman attended the Spillman Users Conference in Salt Lake City, Utah on September 17t" - 20th. 1 ANIMAL CONTROL MAKE REPORT September 2007 INTAKE DISPOSITION STRAY: 96 ADOPTED: 71 Dogs 50 Dogs 35 Cats 46 Cats 36 Other Animals I Other Animal: 1 RELEASED BY OWNER: 55 CLAIMED: 18 Dogs 22 Dogs 16 Cats 33 Cats 2 Other Animals 0 Other Animals 0 D.O.A.: 7 EUTHANIZED: 62 Dogs 3 Dogs 21 Cats 4 Cats 41 Other Animals 2 Other 0 WILDLIFE RELEASE 0 BORO ANIMALS 38 TOTAL DOGS 72 TOTAL CATS 87 TOTAL OTHER ANIMALS 3 Field Investigations 51 Volunteer hours 130.5 Total phone calls 770 159 Code Enforcement Officer Summary Report Period: September 2007, New Cases 4 Trash/Debris 3 Junk Vehicle 0 I Commercial Bldg. Maintenance 0 Abandoned Vehicle/property 0 Camping 0 Other: I Total ( 4 Citations Written: Pending Cases 30 i I Trash/Debris 8 Junk Vehicle j I l Commercial Bldg. Maintenance i Abandoned Vehicle/property Other: HTP x 5 Highlands x 1 6 Monitoring Only; for continued compliance 4 Total 130 i — Trailer not inspected prior to arrival in trailer park Court Appearances: G Impounds - Notes: Jason Steen, K40 Kenai Code Enforcement Officer Closed Cases 13 Trash/Debris 6 Junk Vehicle 6 Commercial Maintenance 0 _ Abandoned Vehicle/property 0 Other: HTP x I I Total I 13 MEMORANDUM To: City Council Through: Rick Koch, City Manager From: Larry Seinmens, Finance Director Date: October 9, 2007 Subject: Draft Financial Information Mikunda Cottrell & Co. audited the City's financial information during the week of October 1. I am not aware of any problems encountered in the audit. While the audit is not complete, I do not expect the following numbers to change. Revenue Expenditure Change in FB Fund Balance General Fund $10,627,179 $10,055,686 $571,493 $9,965,107 Airport Fund $3,977,502 $2,584,498 $1,393,004 $5,276,209 Water and Sewer Fund $1,955,329 $1,707,217 $248,112 $2,048,441 Senior Fund $348,727 $322,647 $26,080 $112,436 Council on Aging Fund $198,281 $198,281 $0 $0 Prism Fund $201,612 $174740 $26,872 $26,872 Congregate Housing Fund $309,128 $374,688 -$65,560 $531,534 The General Fund highlights include sales tax of $4.6 million, $175k over budget; interest revenue was also over budget a quarter million at $679k. Some of this was due to market value changes, but most of it is catching up on prior paper losses and stable but higher interest rates. The lapse this year is $916k, of which $167k is encumbered on outstanding purchase orders. The Airport Fund increase in fund balance is due to a $2 million transfer that occurred when the Terminal Enterprise fund was converted and included in the Airport Fund. Without this the fund would have lost $660k. The Congregate Housing Fund has $31,534 of cash that should be transferred to the General Fund. John Bost from Mikunda Cottrell intends to present the financial report to Council December 5. 144 INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 17, 2007 10/ 17/2007 Purchase Orders Between $2,500 and $15,000 for council review. 10/ 11 / 07 Kenai River Special Management Area Advisory Board meeting agenda and minutes of 9/ 13/07 meeting. 3. 9/ 17/07 Senator Murkowski letter relating to Cook Inlet beluga whales being listed on the Endangered Species List. 4. 9/24/07 G. Keith, DOT letter related to separated pathway along Kalifornsky Beach Road from Bridge Access to Cannery Road. 2007 Alaska Gaming Permit Application -- Alaska Aviation Heritage Museum. 10/ 11 /07 Council Member Molloy memorandum related to webcasting of council meetings. 7. 10/ 10/07 Anchorage Daily News article entitled, Alaska Crime Rates Higher Than U.S. Average." PURChASE ORDERS BETWEEN $2,600.00 AND $16,000.00 FOR COUNCIL KEVIEW COUNCIL MEETING OF. OCTOBER 17, 2007 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT PENINSULA CONSTRUCTION DUTCH BOY LANDSCAPING KRAXBERGER DRILLING INGRAM LIBRARY SERVICES AGRIUM FOUR SEASONS FENCE t-� EXCAVATE FOR WATERLINE REPAIR WATER HOLIDAY LIGHTS CONG. HOUSING / COA WELL DISCHARGE HEAD WATER BOOKS LIBRARY PRILLED UREA AIRFIELD FENCE INSTALLATION WATER REPAIR & MAINT. 3,500.00 OPERATING SUPPLIES 2,571.97 REPAIR & MAINT. 5,000.00 BOOKS 4,000.00 OPERATING SUPPLIES 12,250.00 REPAIR & MAINT. 3,125.00 RIVER z KENAI Special Management Area "Working together.. for the river" Kenai River Special Management Area Advisory Board *** Meeting Agenda*** Thursday, October 11, 2007 5:30 p.m. Kenai River Center I. CALL TO ORDER A. Roll Call B. Minutes Approval C. Agenda Changes and Approval III. OLD BUSINESS A. Guide Advisory Committee report - Connors B. Regulation Proposals - No Wake Speed Zones- Sinclair C. Kenai River Center Report- Russell IV. NEW BUSINESS A. Board Membership Nominations - Lancaster B. Board Development Committee Report - Shuey C. Board Planning Session for 2007-08 potential dates D. KRSMA Comp Plan Review Date E. Deputy Commissioner Comments V. ACTION ITEMS VI. PUBLIC COMMENT VII. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting November 8, 2007 5:30 p.m. Kenai Area Office, PO Box 1247, Soldotna, AK 99669, 907-262-5581 Kenai Peninsula Borough, PO Box 850, Soldotna, AK 99669 907-262-4441 Kenai River Center 514 Funny River Road, Soldotna, AK 99669, 907-260.4882 t `r y Alaska Division of Parks and Outdoor Racreation, Department atural Resources, in cooperation With the Kenal Peninsula ecrou5h � ` K" I 9R! Kenai River Special Management Area Advisory Board Thursday, September 13, 2007 5:30 p.m, Kenai River Center I. CALL TO ORDER: A. Roll Call Members present: Ken Lancaster, Jack Sinclair, Joe Connors, Brenda Trefon, Curt Shuey, Richard Dykema, George Heim, Jim Czarneski, Ted Wellman, Richard Hahn, Rick Koch, Robin West, Jeni Evans, Robert Begich for Tom Vania, Tim Stevens Members Absent: Gary Knopp, David Carey B. Approval of May 10, 2007 minutes — Minutes were approved as written. C. Agenda Changes and Approval: Item D will be moved to after first public comment section. II. PUBLIC COMMENT Walt Arthur: Here to protest the taking of fees and licenses from the public trust to perpetuate agency goals and desires. That includes the Borough as they let development go. He also sees DEC as having total indifference of protection of the river in the issue of hydrocarbons and how to pursue them. There is more crowding, less quality of experience on the river, less fish, and smaller fish. Alaskans are being forced out. He thanked the KRSMA board for their efforts. The board is a public watchdog watching out for the river. But it seems like the proposals this board makes die in Anchorage or where ever they go. He then offered solutions. He would like to see the board's charter revisited. This board should become a regulatory board rather than an advisory board. He would like to see all issues discussed and not avoid allocations. He would like to see this board have a permanent board member on the Board of Fish to represent Cook Inlet. He would like to see the Guide fees raised from $750 to $2500 for residents and $1650 to $4000 for non- 163 residents. He said the bottom line is agencies need to stop maximizing revenues and start protecting the watershed. III. OLD BUSINESS A. Guide Advisory Committee Report - Joe Connors Future meetings will be Ipm just prior to board meetings on the second Thursday of each month. Working on a variety of issues to bring to the full board: Stipulation changes; concerns about existing regulations, loss of guide procedure, complaint process created last year. B. Waterbody Recovery Plan Status - Stevens Draft plan will be done by the end of October. There will be a public notice in December and a complete document by February. He anticipates the document to be about 10 pages. He will continue to do water quality monitoring to be sure it is effective. The water monitoring was done at river mile 10.1, In 2003 there was a similar study done at river mile 10.1 so they used the same location to compare data. C. River Corridor Planning and Permitting - Lancaster Ken met with the Borough mayor in regards to future corridor river permitting. There is a loophole that allows extensive development on the river corridor. it allows Planning 8s Zoning committees to allow conditional uses to already permitted uses. Ken said Gary Knepp will research this further. IV. NEW BUSINESS A. River Water Quality Report — Robert Ruffner There was a lot of water quality monitoring done this summer. Compared to previous years, DEC and Kenaitze tribe have worked very well with the Kenai River Watershed Forum. He was encouraged to see agencies working together more closely than they did in the previous administration. Water quality monitoring started S years ago. With funding from DEC reports have been summarized in a 211 page document looking at trends from 2000 to present. He said the board members will each be receiving a copy. Robert provided a chart for each board member showing preliminary findings of TAH (ppB) for July 21 through July 25th. Two different types of studies were done. One was to look at the Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 2 of 15 164 high density areas. The second was to repeat a study from 2004. Overflights were done to count boats to give more accurate numbers of boats. The water levels were low this year. There was 30-40% more water in the river than in previous years. Good news — the actual volume of fuel is going down.. The number of boats was not statistically different than in 2004. They also monitored the river for turbidity. Turbidity increases with numbers of boats out there. This is potentially a new thing to monitor. Dick Hahn asked whether or not hydrocarbons are retained in the river sediment and if they are could turbidity be a serious problem. Robert said it could be. He said the heavy hydrocarbons are the ones potentially much more harmful to aquatic life. He recommended that a sediment analysis should be done in the lower river. Rick Koch: Where do you think it will put us when 2 strokes are removed and 35 horse is increased to 50 horse in July 08? Robert said he thought those numbers will go down. We have seen them go down already through the voluntary measures from the buyback program. We still saw a range of 2 strokes as low as 8-9% or as high as 30%. Based on the highest numbers for July, the removal of 2 strokes above the Warren Ames Bridge would still result in exceedences being measured at the mouth if restrictions are not made in that area. Rick Koch: In light of the information on turbidity would you say that the 35 hp limit should be left alone? Robert Ruffner: Yes. Ted Wellman: Was there localized testing done below high density areas like Beaver Creek? Robert R: Yes; we had readings below state standards in those areas of 4, 5 & 6 ppb. Brenda Trefon: How dangerous is the 10 parts per billion (ppb) to people participating in the personal use fishery Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 )Page 3 of 15 165 standing in the water at the beach? The chart shows that section of the river is high for TAH. What should the standards be? She wants to see the board recommend that the lower river, where people are standing be made to meet a level below the State standard 10 ppb. Tim Stevens added that at the site they monitored at RM 10.5 the reading was 7.5ppb. B. Easement Access Planning - Gary Williams Robert Ruffner reported for Gary that access issues are important to get a handle on. There are approximately 110 access points on the river that are not developed. For various reasons some people would like some of those developed and some not. From health of the river to public safety aspect we might want to develop some. The challenge is there is no plan, no criteria to judge when someone comes forward with an idea to develop some public access. Then once developed who will take care of new accesses? There needs to be a matrix that shows some areas should never be developed, those that could be developed with plans for management, etc. C. 2007 River Operations - Jacques Kosto Rangers will be working the river through November as there are still plenty of fishermen on the river. Jacques provided the board with a field operations report. The staff included 17 volunteers who are the front line. Besides Jacques there are three river rangers, two of whom are new. There are also one Natural Resource Tech and one Ranger Assistant. He went over the staff priorities: Resource protection, public education, boating safety, and regulation enforcement. There were several accomplishments this season including repairs and removal of hazards from the winter flooding and boating safety programs. Jacques reviewed the law enforcement statistics. There were half as many cases this year compared to 2006. Some of that can be attributed to having two new rangers. The common result of intense enforcement with high citation numbers in a given year (2005) is a decline in violations in the subsequent years. D, River Permits - Pam Russell Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 page 4 of 15 166 Pam introduced Amber Wheat to the board as the new Admin Clerk for Parks at the Kenai River Center. Pam provided the board with the guide numbers and trends. For 2007 there were a total of 425 Kenai River Guides registered. There were 396 total fishing of which 372 were motorized and 53 were drift boat guides. There were 29 non - fishing guides. Of these 312 were residents and 113 were non-residents. Pam also provided other statistics to the board. E. Additional Regulation proposals - Sinclair Jack told the board the Division will be doing a cleanup of State Park regulations this fall. He has heard concerns from landowners about shallow water areas for boat passage that have now become water fares for boats on step. These folks are worried about the increase to 50 horsepower and what will happen to their property. Landowners would like to see some of these sensitive areas become "no wake" areas. Jack said four property owners would like to come testify at the next board meeting about this issue. F. Board Planning Session for 2007-08 At the next board meeting on October 11 Jack asked the board to meet at 3pm to go over the 2007 Accomplishment Update list he handed out. This would also be a chance to talk about walking through the existing 1997 Kenai River Comprehensive Management Plan. G. Deputy Commissioner and Director Comments Dick Lefebvre, Deputy Commissioner of DNR -Back in 2004 a moratorium to limit the number of guides was attempted that ended up in lawsuit. As a result of that the Department was required to complete a public use impact study on the river prior to any further measures made to limit guide numbers. That has never been done. In meeting this week with new Director of Parks James King it was decided we need to get this study done. At this point in time we are working with other agencies, DEC, F&G to see if we can come up with funding necessary to complete that study. We have gone ahead with regulations that were recommended by this board. Those regulations have gone to Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 5 of 15 167 public comment as well as public hearing, We are still moving ahead with those and it is controversial. At this point in time they were turned into the Department of Law for final review. DOL made some changes to them and we just received them back. DOL unfortunately changed the intent in some of the regulations so they are now returned to DNR to clean up. We will then return them to the DOL before they are sent up to the Lt. Governor. Commissioner Irwin has asked for additional information on hydrocarbon studies in the river. DNR is working with DEC on their plan. Their plan is tied to our regulations. The regulations themselves are not a complete package. We have struggled with the river for years. We hear the problems with overcrowding and with the 50 horsepower. We hear people are running over horsepower anyway even though people are supposed to have them detuned to 35. It is hard to regulate. We have people on the river checking and sometimes we catch them and sometimes we don't, These are all management issues. The Wake study that was done is tied to the number of people in boats (weight). It is also tied to the hull shape. We have to ask ourselves what is important. Is keeping the economic prosperity of river moving ahead allowing more and more people whether they are guides or just the Saturday fishermen, to the extent we kill the resource? The answer is no. We all have a responsibility and it is to the river. Without the river we have nothing. The resource comes first. Then you decide how you use that resource. How many guides should there be? How many drift days? Hopefully we will work through the tough decisions. We have to make sure we are protecting this resource. This board has a greater responsibility and it needs to be used. This board needs to take a hard look at the river and the resource and decide on getting us the advice on how we should look at it. That responsibility is not being dumped on the board because as the Department of Natural Resource personnel we have an obligation to the public. We are your public servants. We have to make sure in our decision making that we are protecting that resource. We need the good advice from people like the audience tonight as well as the board members. We are all faced with a dilemma. We want fish in the river, a clean river and access to the river and its resources. The question is how to do it right. That is the challenge. Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 6 of 15 1•i James King, DNR Director: It is good to be here. What an exciting resource you have here. You are lucky to live here near this amazing river. He echoed some of the things the Deputy Commissioner has said. The resource is number one priority to protect. He assured everyone we listen and will continue to listen. Some people accuse us of acting too slow or too fast. We want to slowly and methodically and carefully think about decisions so we do not destroy the river. At the same time we want to make actions so it does not get worse by doing nothing. We also understand this river is a huge part of the economy. We want to carefully incorporate that into the management of this river in protecting the resource. We also understand it is a huge recreation opportunity. As far as planning goes we are pressing forward with the regulations. We are planning to have a public use impact study next summer. Another aspect of the planning is to update the Kenai River Comprehensive Management Plan that is 10 years old. He spent some time this week going through it and looking at issues we have been asked to consider and though we are still evaluating the plan, it is still a good working document and very relevant. Probably at this point we do not need to open up the whole plan for revision. There are great guidelines to make our management decisions under the plan as it stands. We may need to do an addendum to it or add to it. So as we finish up our inventory for the public use impact study next summer we can bring the agencies together and start to talk about how we meld together all the scientific studies, public input with this new study. He said he has heard from almost everyone he has talked to that there is a time when the river will be too crowded. Some would say that was 20 years ago, some would say it is in another 20 years. Something has to be done or we will ruin this resource. He assured the board and the public that they are listening and that although they are the resource and land managers they are also public servants. Ted Wellman: Thanked James and Dick for coming down. He liked what he heard with the exception of the public use impact study. We have done so many studies we could roll them out in a wheelbarrow. Going back 20 years the studies have all reached generally the same conclusion: the river is too crowded, too much commercial activity. Ted would like to see some action. Really need to move this process along Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 7 of 15 169 faster than we have in the past. When we had the Kenai River Working Group we had good momentum, moved forward and made good progress. We fought and argued and came up with solutions. All we have been waiting for was the DOL and DNR to get together and say what further studies were necessary. That was three years ago! Appreciates what is said but hopes it comes to some fruition. It has been frustrating because nothing has happened for much of the last five years. James: There is a court order for making no regulations restricting use on the river until the public use impact study is done. That is why we need to get the study done so we can go forward. Dick L added that if we have so many studies out there bring those to him to see if they can be used. Dick Hahn: It seems that everyone focuses on what is happening now. There are trends in river usage in growth of use - so it does not take a rocket scientist to figure out before very long left to its own we will lose this resource. You will be involved in that loss if you don't look further ahead because we are losing it as we talk. When DEC is perfectly willing not to address the hydrocarbon issue for four years is plainly absurd fret: the 2011 deadline for plan implementation]. The fact that DNR allows that just infuriates him. Thinks that when you made the decision to do two things at the same time, that is stopping the 2-stroke and adding the 50 hp at the same time was a monumental decision in the wrong direction. You are risking the economy of this entire area. You must look ahead - don't focus on today. There are plenty of trends involved in all the reports that Ted said he had a wheelbarrow load of that tell you we are going in the wrong direction in the management of this river. Do something before it is irreversible. He is truly concerned about the management of this river right now. Dick L: Said he was somewhat surprised since the recommendation came from this group to go ahead with 50 horsepower. Dick Hahn answered that Dick L does not know the complete history of that. Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 8 of 15 170 Ken: Asked if there is not enough data with the Fish & Game logbooks as well as what Parks has done to use for support. Dick L said it is a court order that DNR go through and assess if there is enough information as is. If we can determine that there is enough data we are in good shape. Otherwise we will hire someone to do the studies next summer. The three deputy commissioner's - Ken Taylor (ADF&G), Dan Easton (ADEC) and himself are committed to working together on the Kenai River. They have just met this week. Rick Koch: To follow up on Dick Hahn's comments; they are spot on. Why would DNR believe it prudent to have two variables in the equation of raising horsepower and at the same time removing 2-stroke engines? Collect scientific information and base that on increasing horsepower. Dick L: The Commissioner did agree to adopt 50 hp. He did look at hydrocarbons studies but the decision was made to go ahead. He said he is waiting for additional information from the Kenai. Watershed Forum. Ted: One of the things this board is frustrated about is that the court decision is quite old. The board has been pushing, jumping up and down and screaming about when are we going to get the necessary things done. Now we are years later - it was in the first year of the Murkowski administration. As these things go through what are your plans for using this board in that process? Dick L: The intent is to utilize this board to the fullest degree we can —even though it is advisory - it is a good diverse group. He will use this board as a sounding board. He said it makes his life better when you bring recommendations to him. James added that the beauty of a board like this is that it represents all the different user groups and we welcome that advice. It will be important to get the new study done or as suggested we will look at the old studies- it may be enough to meet the court order. But we do have to clear up that court order. Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 4 of 15 171 Dick L: Was a large mine coordinator for DNR for many years. That meant his responsibilities were going out and reviewing, analyzing and adjudicating permits for Fort Knox and the State to see if they could be permitted. He put together an interdisciplinary team of the different agencies, but also invited all the different interest groups to the meetings. It encouraged the agency team and the public to "take off their hat" and look at what we were doing, the best way to get there. He told the board to "take off your hat" and look at the best interest of the river. Joe: In the past we have made recommendations and forwarded them up to the Commissioner's office and never hear what happens. Feels like recommendations go into a void. He asked for a commitment that DNR will interface with the board. For example the 50 hp recommendation was forwarded quite some time ago and not heard what has happened to date. No information going back to the board. Dick L suggested if they are not answering letters, have the board chair call us. He said the commitment from him will have James or himself or one of our people close to us will be here at every meeting. That way you can hand letters to us. James added he will guarantee response. If you do not hear from us, call Jack Sinclair. He said he will respond and aid in the communication. Joe: This board was ahead of the curve when there were critical development issues at Porters. Though it was in someone else's jurisdiction we could not get a resolution heard. And now we are faced with more development. Dick L: Wants to be part of the debate of the upcoming issues. Wants to make sure we are talking to them so he won't have to second guess what is going on. Dick Hahn: Since the river is narrowly defined as a Park is the enforcement of so called overlay districts - those 100 to 150 feet of riverbank along the river. There needs to be a way for the state agencies to interface with the Borough and municipalities to be sure that those overlays districts are enforced. There are ordinances and they exist but for the most part people just look the other way. There is a big condo complex being built as we speak right on the river in Soldotna. This is one more part of the riverbank will go to Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 10 of 15 172 hell as a result. Someone has to enforce the already existing ordinances in what is called overlay districts to prevent that kind of utilization of the riverbank. The habitat of the river goes fax beyond the bank. James said "you guys are our eyes and ears". We need your input on items like that. A letter to us addressing these concerns is invited. We can work with you whether we need to go to the City or whoever it is to discuss further. Dick L closed by saying" We are a team". We are trying to do the best job, We have a common goal. If you see something that needs to be addressed, bring it to our attention. You have a part and an obligation and we have responsibility. James: Hopes that board goes through goals for the upcoming year to identify issues to work on. We can be part of the team. It gets us all going in the same direction. H. Board Seat Expirations and Reappointments Board seats expire October 1. Jack said currently we have 10 applicants. According to the Bylaws there needs to be 3 applicants per vacant seat. There will be a work session on the nominations on Oct. 11 and then an action item at the next meeting. V. ACTION ITEMS No Action items this agenda. VI. PUBLIC COMMENT Ricky Gease: Strongly suggested as the board goes through the KRCMP to get one more person on the Memorandum of Agreement and that would be DOT. The Kenai Watershed Forum has done a comprehensive study of fish passage issues in the Kenai River watershed. There are probably 200 culverts that need to be replaced as they are undersized. The circulation of juveniles is being stymied. Invite DOT to get involved. Every day there are many trucks that go through Cooper Landing loaded with toxic materials. How many more years will that go on before one of them ends up in the river? Move the highway off the Kenai River. It is a danger to this river. There is Kenai River Special Management Area Advisory Board Minutes — September 13, 2007 Page I I of 15 173 nobody else out there carrying the torch for getting the road off the river. He also stated looking at the difference between the present and the mid 90s of the number of property owners who launch boats from their property. He said the increased number of boats may come from the private boat launches as there has been a decrease in the number of public river access. This could be from property owners subdividing which would create more private access. Herman Fandel: Is a Sportfisherman and Kenai River Guide. He said he sincerely hopes something will be done to correct a bad thing with 35 horsepower. He likes the idea of 50 hp. It is a safety factor. Regarding hydrocarbons he said with this regulation we are heading in a good direction in getting bad motors off the river. He said he has a lot of money invested in the river and it is a precious resource to him. V11. ADJOURNMENT A. Board Comments Brenda: Happy to hear the city councils are talking about the personal use fishery. Buyback update: Brenda said last summer we had only 30. But to date there are now 160 motors that have come through the program. The grant ends in December and Brenda is hoping for an extension from EPA. Richard Dykema: This board recommended increasing motors to 50 hp as well as getting rid of 2 strokes. After all the studies were done, this whole board came up with the decision. Let's start there. Dick Hahn: The answer is a phased -in drift fishery for this river. It would be self regulating, but you would need a few more access sites and a few more toilets along the river but in the long run the answer is a drift fishery for this river.. Curt Shuey: Liked the comments about taking this board to task and "to take off our hats". In a sense it is telling us that when come in we need to jump in and swim. Not all know Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 12 of 15 174 how to swim in that way with experience in good healthy decision making process. Any support you can give along those lines in helping the board to gain a sense of how to function in that way would be appreciated. Robin: Our biggest problem is also our solution = People. This process has proven to be a good community sounding board. The frustration you received a hint of tonight is that after the process is the relative inaction from administrations. Appreciate the Director and Deputy Commissioner coming but especially the commitment that you will have someone here at future meetings because that's how we get things done. Ted: Thanked the Director and Deputy Commissioner for coming down and appreciate the interest in this board. He is concerned that we have seemingly lost some stability and lack of respect as we go through contentious issues. He thinks it would be useful to have a facilitator to come in and do some training to teach us how to treat each other with respect. As the demand for river use increase every user group will have to make some sacrifices. He is concerned about the section of the river below Skilak. Two weekends ago he counted 39 boats in a 2-mile stretch. 30 of those 39 were guide boats. That is a huge increase. The problem is those guide boats are out there 12 hours a day. We need to keep that in mind. That the season is extending. Tim: Appreciate seeing Dick L again and a pleasure to meet the new director. Jeni: Wonderful to have you both here. Rick Koch: City of Kenai, City of Soldotna and the Borough are in the process of putting forth proposals to the Board of Fish to suggest a change in the regulations as to means and methods of harvest for the personal use fishery. It would require the use of motorized vessels to fall under similar regulations as DNR has put forth in their regulation. He would like to send that to DNR and have DNR support that in some visible fashion before going to the BOF. He said he will be bringing it to the KRSMA board as well. Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 13 of 15 175 George: Reminded the Director that the upper Kenai River is getting crowded. The most heavily used area is the refuge area and there are only 20 guide permits. There are crowding issues and as well as habitat issues. Please keep in mind that there are three separate sections of the river and think about what is causing problems in each section. Robert Segich: We need you. The community needs you. Thanked the Director and Deputy Commissioner for coming down. Joe: Sounds like you will make a commitment that has not been made by any other administration and he said he looks forward to that exchange. Will help to get direct feedback and interface and this will help the board in making good decisions. There were a lot of positive vibes tonight! Jim. C: Refreshing to hear your comments. Nice to hear you point out the resource is first. Any support for board development would help as there are tough issues corning. Training and tools to function would be appreciated. Ken: Some of the things that lacked in the past are support not just from DNR, but from the Governor's office on down. He stated he is a little disappointed to hear the comment about being satisfied with the 97 KRCMP. At the very least it would help this board to walk through it as a work session to see what areas of the KRCMP should be revisited. Dick L responded to the board comments: It is a good idea to set a time and walk through the plan. He left the board with this: Would it be beneficial to get both cities and the borough, F&G, DOT, DEC to come up with a memorandum of agreement to meet and identify the issues that need to be addressed? Thanked the board very much for all their comments and said the board would see them more. He will bring all the comments to the Commissioner. Jack: Pointed out that in the KRCMP under appendix E, paragraph 15 reads "That there shall be a Kenai River Technical Coordinating Group and that all parties through their designated representatives on this group will meet at least three times each year on or about September 15, December 15, and April 1. The purpose of this group shall be to discuss issues of common importance, to coordinate management and enforcement programs, and provide Kenai River Special Management Area Advisory Board Minutes - September 13, 2007 Page 14 of 15 176 information to the Kenai River Advisory Board. The Kenai River Advisory Board shall be able to request information and technical assistance in fulfilling their responsibilities, as required under Alaska statute. in addition to the agencies signatory to this Memorandum of Understanding, local and federal agencies can participate in this group, including but not limited to the Kenai Peninsula Borough, the cities of Kenai and Soldotna and the following agencies: US Corps of Engineers, EPA and US Geological Survey".That is the framework we need to latch onto. James also responded to the board comments: It is good to hear the board's perspective. It would be great for this board to sit down and review ,the plan and he would like to participate. B. Date/Agenda of Next Meeting Next meeting will be October 11, 2007 at 5:30 p.m. at the Kenai River Center. A working group meeting will commence at 3:00 pm. Kenai River Special Management Area Advisory Board Minutes — September 13, 2007 Page 15 of 15 177 LISA MURKOWSKI ALASKA COMMITTEES: ENERGY AND NATURAL RESOURCES RANKING EAWSIR SUBCOMMITTEE ON ENERGY FOREIGN RELATIONS RANKING MEMEER, SUBCOMMITTEE GN EAST ASIAN AND PACIFlC ATA1PS HEALTH, EDUCATION, LABOR, AND PENSIONS INDIAN AFFAIRS Carol Freas City of Kenai 210 Didalgo Avenue Suite 200 Kenai, Alaska 99611-7794 Dear Carol: luffitd tte ate WASHINGTON, DC 20610-0203 4202)224-6666 (2021224-5301 FAX September 17, 2007 -a; _+e dTgcHo607)271 8736 1g66 10112TH, AVENUE, ROOM 216 FAIRRAN,o% AK 99701-(1278 (907)456-0233 P.O. Box 21247 JUNEAU, AK SS802 (9071686-7400 110 THAOMG 8Av ROAD, SUITE 105 KENAI, AK 99611-7716 (907)283-6808 540 WATER STREET, SUITE 101 KE1CNIUAN,AK99901-6S78 1907)2254880 851 EA6f WESTPOINT RENE, SUITE 307 WASILI.A, AK 99654-7142 1907)376-7666 P.O. Box 1030 311 WILLOW STREET, BuwING 3 BETHEL, AK 99559-1030 (907)543-1639 Thank you for providing me with a copy of the City of Kenai s comments to the National Marine Fisheries Service (NMFS) about listing the Cook Inlet beluga whale on the Endangered Species List. I appreciate the opportunity to review your comments, concerns, and actions of the city on such an important issue, The National Marine Fisheries Service met a court -ordered listing deadline of April 20, 2007, and proposed to list the Cook Inlet beluga population as endangered under the Endangered Species Act (ESA). The agency received public comment on this proposed listing until June 19, 2007. Under the Endangered Species Act, NMFS has one year to finalize its decision whether to list the Cook Inlet beluga whale as an endangered species. I agree that we need to protect and preserve the Cook Inlet beluga population. I believe, however, that more scientific research is needed to answer the question of why the beluga population is not recovering, as anticipated, since the subsistence hunt was curtailed in 1999. Hunting has been significantly reduced as only five whales have been taken since that time. NMFS needs to answer a number of questions in its research, including what is the current population and its trends, the current range of the Cook Inlet beluga, the health of the population, and what are the habitat uses of the beluga. I also am very concerned about the economic impacts a listing could have on the communities of Cook Inlet and the Kenai Peninsula. Given the infrastructure and economic needs that the region requires and the growth that is occurring, any listing of the beluga whale could have significant adverse effects. We must find a way that both allows for this economic growth and mitigates its impact on the beluga. While a listing may give us a process to balance the needs of the beluga and economic development, it also could delay or even prevent some projects from occurring through the consultation and review process. I am even more concerted that a listing creates the potential for litigation that may have severe economic impacts on the region and the State of Alaska. The true impacts of an endangered listing for the Cook Inlet beluga whale may not be determined by HOME PAGE AND WEB MAIL MURKOWS 78MGOV the process between NMPS and the public but in a court of law. The legal process does not provide for the same stakeholder input or require the same level of scientific review. I am working closely with the State of Alaska, NW S, and others to determine the best course of action in regard to the Cook Inlet beluga whale and will continue to do so.. Again, thank you for contacting me with the City of Kenai's comments on this important issue. Sincerely, Lisa Murkowski United States Senator 179 i '� s I v i J[{ . 1 IDFPARTMENN7 OF TRANSPORTATION fig PUBLIC FACILITIES REGIONAL DIRECTOR'S OFFICE - CENTRAL REGION September 24, 2007 Mr. Rick Koch City Manager City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611-7794 RE: Kalifornsky Beach Road Rehabilitation, Project 58703 Dear Mr. Koch: SARAH PALIN, GOVERNOR 4111 AVIA TIONAVENUE P, O. Box 196900 ANUIORAGE, ALASI{A 99519 TEaT':(907) 269-0473 FAX (907) 2484573 PHONE: N07) 269-0770 Thank you for your August 30, 2007 letter regarding the City's desire to see a separated pathway along Kaifornsky Beach road from Bridge Access to Cannery Road. The Department of Transportation and Public Facilities (DOT&PF) appreciates the effort the City has made to provide input about this project. A separated pathway is outside the scope and budget of this project. The scope was defined through the project nomination made by the Kenai Peninsula Borough, and made no reference to a pathway. This project is entirely state funded and has a limited budget. The budget is sufficient for the given project scope, and has no allowance for 2.2 miles of separated pathway. While a separated pathway may be more desirable to the local community, the 6-foot shoulders being provided meet the design guidelines established for safe use by bicyclists and pedestrians. If having a separated pathway along this portion of the Kalifornsky Beach Road is a goal of the City of Kenai, then you will need to secure the funds for such a project. The department will work cooperatively with the city of Kenai to allow installation of the separated path in DOT&PF right of way. Thank you for taking the time to convey the City's desire for a separated pathway. Sincerely, !H-r- ordon C. Keith, P.E. Regional Director n'rovidkng jor Ite irtovemen t afateopiC, arzc7 goo do and 11w de=Iivoy of sTate Ser'tnCes. 2007 Alaska Gaming Apply online at www.tax.srate. ak.uslgaming nrmni7atinn Informatinn " i—, 4yl.a styVED Permit Application GAMESoFCHAcArt4,caNrLSd�,gHSKiEE tpX liivlslon of ebCP federal ElN /� �y Ilfrenew6tg, enter o-min ermti Phone number or anizabon:u3me i%, Wbb9m andt�S , U's ke 0 i r- rnt Jse-o" . 1 J z 1�r7 -U r Malling address r Dr1J/ c. by cke Sc® AK Zip +4 9 c YL2 Entity type {check one) Oraanizatian type (check one) fat dehnlriors, see AS 05.15.699 nd AAC 160.995 —.............__........_..._._-._........-......__......_......_-._...-..._.-...._........._.-...... _..................._......... i ` ._.-..._._._._..-.._..._- oration ..........................:._............-,....-.._..._...._--_....._._....._..... ❑ Qiafit abile ❑ Fraternal 0 Police or fire department Q Patmflshn GUvic or service ❑tabor ❑Poiintai ❑Association O Cog musherfassoapbon ❑Munldpafiey ❑Religious G Nonprofit madeanatlation ❑V=teans -�Educancfiat ❑ Fishing derby aaodation in Cullinane motor assodaticn ❑IRAlNatiee wllage Oyes❑No Ooes Che orgartizaeon have ZS armore members who are AWska residen¢as defined in gout afticles oflrmrportlon or bylamt Members in Charge of Games Members in charge must be narural persons and active members Of' he orgaaizatloe, or employees of the munc pality, and designated by the organization. Members in charge may not be licensed as an operator, be a registered vendor or an employee of a vendor for this organization. If more than one alternate, attach a separate sheet. I.may mom= first name Dcan IL M Pdmar memberfasname ,, "'racial security phone number Mobile number `l TT' rjry �t State Zip-4 LHas the primary member passed the testl )3 s �No Permit 6 under which test was taken II Alternate member fiat name M Altimat9y memberlas name SoUal securiev number Email hwrKe=.. ivt9 4' Ic0.5ka4irM6euIn o i Daelme Gbane number Mohlte number Nome maliin� dress t hl n,, kJA city e State AK I8p+4 I R.50 Has the alternate membe passed me test? Mat 12No Pat lit Aunderwbkh test mstaken Legal Questions These questions must be answered. If you answer Yes to either question, see instructions. Dyes j Ka- Has any member cf management of any,Person who aresponpfke for gaming aamniii ever been mmiaed nfa fablia extonioq or a viclarion ola taw or ordinance ofrh8 °Rate, ,,,,,,�� as anotherjUnsd¢tin mat is a cline inv0rinul ill, of mplualesry,orandabor, of gambling laws? ❑Yes,Xp Does any member of management or any Person amok responsible fw gaming acuntles Net a prohibited conflict ofintefest as defined by lS hAC 160954t we deriare_ under penalty ofuasworn falslfmtion, that we have examined thrs appTicGhon, including any attachmeno, and that, to the best of our knowledge andbetief, it is tide and complete. We understand that any fade statement made on the application Or any a achmeatsispunishable bylaw . Pnmaryor alremare rrte a c� MAN me � Data —. ..Yehrald �, itq er7 9-21-07 Prej ignature lsee instructs o _ �Printetlnarree� N OzreC,ry,,, rot tuft roc The permit fee is based on 2006 estimated gross receipts. Check the appropriate box. New applicant $20 ❑ $0 - 520,000 $20 ❑ 520W-S100,000 $50 ❑ S100,001ormare S100 826 Two copies of the application must be sent to all applicable municipalities and boroughs. See instructions for mandatory attachments. Pay online with TOPS at wwwtox.srare.ak.us or make check payable to State of Alaska. New applicants must pay by check. Mail to Alaska Department of Revenue -Tax Division PO Box 110420 • ;uneau, AK 99811-0420 Phone (967)465-2320 • Fax 1907)4E5-3098 wwwtaxsmte arcs/gaming Retain 108yy1or your records iota 0405-826.1 wTb Rev':0106 far 200 • page I Grganitagtion namtz� ,� / unmllgperm ct j2007 AK AMENDED GAMING PERMIT K "a > U 0 l-b,) !-f Z'r? 2ejC r�USCd1Fi �:. �iu 2 Z. IG1McS OP(h1APiCi 6NO CONIESt: GP ieiLt L.-...,,d r ..,�,InW 826A t-Clullt.y-uQ�aCu VUIllCJ i,jIjl uu � � — u I „,:...... - _ did.- Faolirj name nh i"al address ��Ys Uty IStaAK 11 QDeiete I Ferility type (che:f. one) Game type lche(kall that apply) Quu6tah []Animal classic tarderl' ❑Arimal dassic Ua�racet` ❑SpedaldrAtime"" ❑calmtta poop° ❑Gwnad Leases ❑Ddnared ❑Bmdo ❑naffte OAddu Fatuity name Ph ital address ri - City �Scte AK itp+4 ❑Dele f facility type lmec one) Game type {check alY[hat appiyl 6rHat Roble ❑Pul'-ds UAnlmalclashc(chiciteW ❑ Arnmal classic (for race)' ❑;Pedal draw raf8x^ QCalcur�tpoo1- I QOwnd Qleased ❑Dduated Qype(cnce xsurreuaemet»w sre v :unto arodar urommen¢ Area —based Games Ifmor tna.twoareas;attachasepartesheet. ❑Add Aris ase7P<(mec4 all tha[applYi... GOeMte� QNaAor��2 i ;Zftl OContesturskfll ❑Fiendebq ❑Dndmusnersmmest ❑C;aniclupec QAdd... Are+ (� Gam type,me I all that KIWI QOeietej KCudl I joi5aJ a- NME UContnofsa! ❑Fhhderhy, Q'Oopmushencantest 00assic(spet Manager of Games Required only for self -directed pull -tabs and bingo. ..'............. MI ( Manager tail ame I Sooal security number Email NM tire manager of games passed the usd ❑Yes ONO i _fir __ s _ _ .-_._.....:...,.:.:., r,..mrd end (Aoki fnr AvIn vendn(5Sted. phone number EFeme date of orange uldllyCUl vatuut venucratnaymuyx,� ............. -..- .. Stare 7p+4 : 'gyp _.. 8aror riglnn=mename �Physiwl address (G[y I AK ❑ Delete Q Add Bur at liqucrstom name Pnysicaladdress 1Gty State �Lp+4 ❑Delete State lip+a .0Add Bar at Load: store name ( Physical address IGty AK ❑Delete City State Tap+4 ❑Add Bar or liquor store name Poysual address AK Q Oetete Gty State ?p+4 0AAdd Bar ar liquorsmre name Physcal address AK Change of Operator Designate opertoa if adding an operator, attach a signed operating contra[a if more than one change, atta h a separate Sheet& erm bcr ak 6_" .--- IBusineuname (Game Weis) `� ❑ Add Ooeramr name _ I Multiple -beneficiary Permittee Information (MBP) Designate the W. f more than One change, attach a separate sheet. ❑ Add - MBP name Dedication Net Proceeds Describe in detaithow the oroanizatipds use Of net oroceeos tram gaming aamun wru u,mw (, S . .,+.. 4Gv..M , Lr I E C%G's. �t0(✓c7� c3c.-7t Vf �IG?5 �/-. 7�+ at, 11=>Ga�.� stA^ulators Retain alp82ryour records Farm OLDS-826A1 web Rrr VC6 iot 2D07 � page 2 826A TO: Mayor, City Council Members, City Manager 8 Administration FROM: Bob Molloy DATE: 10/11/07 SUBJECT: Webcasting of Council Meetings I was contacted by Mike Pollock, a service provider whose company does webcasting of public meetings and who provided me with some interesting information: 1. Pollock's company does webcasting for local and state governments in New York, but Pollock believes that webcasting can be done remotely far the City of Kenai. 2. Pollock's company has the servers, and could push the video feeds from the Council chambers to the company's remote media servers, which the public would access from their own computers via the internet. The archived videos would be stored on the the company's media servers and would use those servers' bandwidth, saving the City from the cost of additional media storage at its own site. The City would not have to buy any software (which would save about $1,500). 3. The company can put the City's video and agenda next to each other and make each agenda item clickable. 4. Other technical information provided by Pollock: a. His company could do a two -stream push, a 273k stream for broadband users and a 28k (or 43k) stream for dial up users, so everyone in the City with internet access, regardless of their speed, could have access. b. The company's standard video stream requires a 273kbps upstream capacity, which would require the City to upgrade to 768x768kbps. If the City used a remote provider, then the City would not need the 1Mb/ 1Mb connection, which costs more and requires a 5 year contract. Alternatively, the City may be able to keep its existing service if Pollock's company brought its stream down to about 150kbps. C. The company's system does both video and audio. 1 - WEBCASTING 183 d. He recommends against hosting the City's videos on a standard webhosting package. He said that if that is done, then the user will not be able to fast forward or rewind the video. He said that the City should host the video on a streaming media server instead; with his service, not only does the City not have to buy additional hosting services, but also his company hosts all of the videos on its streaming media servers (so all of the storage fees and bandwidth fees are covered). C. Pollock said that SonicClear does not do live broadcasting unless the customer also buys the $1,500.00 component, but his system does live video streaming, and the City would not have to buy any additional component. f. Pollock said that in order to listen to the SoniClear archived file, the user has to wait for the entire file to download which could take a considerable amount of time. Pollock said that with his system, the files are on the company's streaming media server, so videos begin playing within seconds and download while the user is viewing. g. Pollock said that with SoniClear, the public pulls the stream from the City's site, and this will quickly deplete all of the City's bandwidth, and the system will fail if any significant number of people tune in simultaneously. With his system, his company would push the video in one stream out to the remote media server and the public will watch from his remote media server, which has the bandwidth to service hundreds of people simultaneously. He said that the users will get the links to the videos from the City's website; his system works in the background. h. As to a network camera, his recommendation was not to rely on the on -board microphone especially if the meeting room is a medium sized room with 7 or more people in attendance. To make this work best for multiple viewers, the video feed from the network camera should be pushed out to a remote media server. 5. Cost information provided by Pollock: a. Pollock's company ordinarily charges local governments $175 per meeting, but he can bring the cost down to $100 per meeting if the City's camera operator can turn his company's system on and off (rather than the provider logging in remotely each time). The company could do the regular City Council meetings for a basic service fee of $2,400/year; or for $3,000 for the first year, they'd give the City a laptop and video capture device with all the software pre -installed and configured. 2 - VVEBCASTING M b. Pollock's company can index the City's agenda for an additional $25 per meeting hour; or for $25 per meeting if the City gives him the times each agenda item begins. He says that this is a little extra but that it adds huge value, since the user can start the video at the beginning of any agenda item. Example: http://www.mikepol.lock.com/elections/08.16.2007.html a Closed captioning is also available if needed for an additional fee. cc: Les Krusen 3 - WESCASTNG Bob Molloy 185 WO rE.PtiuCE IN ANC"s.,d4ggAGE M A ING,! CUR' PEiOH eat Alaska crime to 1 r averagethan U.S. - violent prime rates In Anchorage were op by ncviy a gnarteriast y'Ca' and Alaska Fred the nation's seventh-hig nitrate ofino� lease, according to the FBI o nee Uniform Clime Report Thorpsent vine state_ life rate was on al most9mrrent. What going on to the last header", "t don't linen, there's one partred., an - 'War", said Walt Moneµan, state cmrnee- s nerofpubficsnfaty. The spine could be teva-o ary, he sued. It coWd'be became of manda a cycling out bi areas, or it cable,'efleet repm't- Ire op mare Perna, cm'ndna cell pbonot. In Are b.'ag', Mtn a Solent come ra to That le double me national nvemge the do crease might be due to a nse in yeus: and gang violence las'tyaar. Monegan aid. 6tefewtde, pmpeffp brtmee were slightly noun, as were fusible rapes. Bat the rape rate was double Its national a'oedg, In d,dengtanh Avedists long-standing n'end. Cbeelt nut upid,pprt et adncomtCoNIO. Alaska and U.S. crime rates Alnsxa sop do no 100,u00 enotln lot salenne ct neaso06 at7 �:.Atndoa as b8. RitY1mY11aiClantYHnw6 INFH+atan a ¢ MWeery '�1y�Ae Map Mumntnonmepl�ent menlaugMnr •.5 i Beseerch by LAMES HALPIN a'.0va, ny RON ENGSTROM par pally Newµµs SH More vioient crime in Anchorage Nahui ge name A. Aga 2906 Vikint crimes divided ..: while roperr, climes paaplt Neva lrevavaId .., show Able trudge apm t h+ �I F.t� e t{T'.,c. rn. OIL FIELD: Damage from spokendon Doren Beandn said Tee:- small oiaze could cut daily any The lire seems to 112, darted a6 oil output by 30.000 barrels. ter learnotbou bh leaked tram a eon. - bane bearing assembly Into ad ex, By VaaoE LOY houstudi Lb"did. Barrage from the hrc vt oa woe. BP has nodded. state offieiai: of light., but sae tuddie bearutas or ov, another fare. the fifth is McTh Slope er part, might need ark debt eivild oil lub s In neo mouthsid e i the huge engine shut down for Like .. M tire pleviots Area, the by torn, weeks, etitnoina oil pruduc latest fire involved a powerful ursine lien by as muob as Moon barrels a engine inside a huge bh processing dap. fun a is said. plant;,, the Prudhoe Say ell field. The Pianist, Bay field averaged The fire whsi , broke out about roughly 300,000 bands per day over i p.r.i. Saturday. waa small and work- tbesummer ere inside in, plant, edod Gatue, The turbine reaemblea aJet ing Center 2. omen? but A out. BP craft engine and drives a perverse - dadalle,n momw,. Crime rates for sUected Alaska ekhs Rele per 100,000 bseve, 2006 Vldantemadn` ^Rnivad- AM!'* SaVel -965.. SgWB nin... 6=-. Anal:Otage 932, Esan C"' 14 an nahnet - d1: Ivan 4.23R Heuer A.120.: ateaurage 4=I Solden, 585 -. hanat.: 3,98E RbdA1, S95 Palmer 3,363 ,..aid :'W'S 'kodia 3,095 Mandl $5), Badrr:l :,p66 Am,w, win,. "o"war. mrR"maa.w"n �ewrv. wiwor, uMtren Ataaka mown paid Ituanda d, Ignadaaad Chang in rates pot 100,000. 20052006 lmeetlutwedtap 200n RSO6l, mnanpA l'3 Rdvery n, WE �13% Move, And r n Lamy¢" m ieralignan 3„ 95 13% AWwa0tad a..W. '- 3067 3p6p 12% i oYnntiwenagavn '= ^' M ter vpM le tlABlA ,2596- 2.529 -3% Rage 539 809 5% car handling natural gas "in Pmd- meat malfunction and operator er- ,as rat weIo'lu rtne now roc The fire marahefS did. also., Two peevinus m.. also mooned ad a need far appended a. delpodan leasing tube oA medturhlnes—meat aynteas, Plmv Station 3 on loop 20 and doo;her A norkeawonaa Sur are lure mar, aU➢atnering Cover i on Aug. 6- shei'a Office e,evdwr ne reached 'Lwa other fire, ot.lodd In Lis Tuesday borne and Baden, two sooder Bedbdo said BP doesn't Ireland North Slope oB lipids that BP runs. the fires are mrmetted but ins tome Joan, slevedno coarainolne of pans is C.stato4ngits ted,Invastap.- thestate Petelebm6eendosfrodari- don. tV office. said Tuesday her agency is BP bperaan, Prudhoe, the nation's aware of the let est fire and hopes in largest oil fien, on behalf dinned and vane a deport by the end of the weep other owners including Exxon Muhil, mt the four prior blazes. Carbon Phillips and Cheered, Toe stet, Pre maesnal'B GNlee last mess isaved reports no tnoae. clnawalea Mam.e�erna.mm/mua vw:M are, and found Instances of eyuftr wcap 267.41ov • ON City of Kenai Comprehensive Plan The goals for the Comprehensive Plan were developed at two community workshops and several Planning and Zoning Commission work sessions. These goals provide the rationale for the proposed development policies and for specific planning recommendations. 1. Create an attractive, vital, city center, with a mix of private and public facilities and activities to benefit residents and visitors. 2. Protect and rejuvenate the livability of residential neighborhoods. 3. Meet the needs of Kenai's growing senior population. 4. Promote residential and commercial development. 5. Provide appropriate city facilities and levels of service. 6. Protect the city's natural areas and scenic views. 7. Develop a local system of trails and appropriate access to public lands, and regional trails along arterials that traverse the city. 8. Maintain public safety resources at a level commensurate with growth. 9. Expand existing or provide new public facilities that increase the quality of life for Kenai's citizens and visitors. Goals for the Plan Previous Comprehensive Plans Kenai has had four comprehensive plans. Each plan reflects the circumstances and development priorities of its era. 1962 Comprehensive Plan. Kenai's first plan was prepared shortly after the city incorporated in 1960 with 778 residents. At that time, most development was clustered around Old Kenai. The oil and gas industry was in its infancy. Optimism abounded. The city was growing rapidly, with its population forecast to reach 13,350 persons by 1980. The plan stressed land development and basic infrastructure, and proposed Kenai's first planning ordinances. 1965 Comprehensive Development Plan. New opportunities opened by transfer of the airport to city ownership in 1963 prompted this update of the 1962 plan. The plan proposed development of a major new public office and commercial district on surplus airport property in central Kenai and creation of an historic district for Old Kenai. The plan also proposed a Kenai River bridge, a new regional jetport south of the river, and a Northwest Coastal Highway to a Turnagain Arm Crossing. This plan assumed a scaled -down forecast of 5,275 residents by 1980, 1980 Kenai Comprehensive Plan. Kenai saw several boom -bust cycles during the 1960s and 1970s. This plan was prepared after the TAPS construction boom and after several offshore oil and gas lease sales in Cook Inlet. It forecast 6,140 residents by 1990, plus another 4,530 persons if there were significant new oil and gas discoveries. In response to Kenai's sprawling growth, the plan emphasized central business district development and the emergence of distinctive residential neighborhoods. Reflecting the spirit of its time, this plan presupposed an activist city government and stressed environmental considerations. 1992 City of Kenai Comprehensive Plan (revised 1996). After the mid- 1980s recessionr. Kenai geared down its growth and development expectations. This plan assumed a year 2000 population of 8,150 persons. Reviving the local economy was a major planning goal. Ambitious development projects gave way to incremental improvements to city infrastructure, better planning administration, and management of the city's land base. Kevin Waring Associates City of Kenai Comprehensive Plan Framework for the Future some businesses and, to a lesser extent, the dispersed character of development. These deficiencies can largely be addressed through development and design standards that reflect the community consensus, and by provision of adequate, suitably located commercial sites. Another issue of neighborhood concern is commercial development near residential areas as conditional uses or through rezones, particularly along the Kenai Spur Highway. One of the goals of zoning is to achieve stable, livable residential neighborhoods by separating them from incompatible uses. This is best achieved by zoning sufficient suitably located land for all expected uses, then adhering to the zoning plan. b. Commercial Land Use Development Policies (CM) CM1 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway. • Develop strategies such as tax incentives or deferments to promote use of vacant commercial buildings. • Consider using an overlay zone to encourage and better articulate positive commercial design guidelines along the Kenai Spur Highway corridor. • Consider using an overlay zone to encourage reuse of vacant buildings. • Prepare criteria and standards under which compatible mixed uses are allowed to ensure that the uses are compatible with surrounding uses. CM2 Promote safe and pedestrian -friendly, walkable commercial areas. • Require and maintain pedestrian amenities (such as sidewalks) to foster pedestrian circulation among businesses and offices. • Consolidate existing access points (i.e. driveway entrances). • Combine new access points with existing ones in order to minimize traffic congestion. CM3 Update existing guidelines for commercial development. • Adopt landscaping and buffering/screening standards for city center commercial, Old Kenai, and for highway - oriented commercial. • Setbacks, building height, and parking should be updated to address denser development, mixed -use development, and highway -oriented uses. CM4 In designating (zoning) areas for commercial uses, the following factors shall be considered. • The use has adequate access to a collector or arterial level street. • The use has access to city services. • Potential conflicts with adjacent non-commercial uses have been minimized through site design, landscaping or other appropriate measures. Kevin Waring Associates 37 f' y � ofke-2 sun w. �y Views from 111 Walker Lame residence. SURVEY WBIETBE ME TA INSPA x,'O, "T wPEa SIGN, T"A CUSSES 'SEE SET AS AFEAE, ASH TEST 11 SAIRIANS, —ASSETS, AER .-TO 'A'. 11 TITLE .1 ISSAPEFT, 1. ISE BEST Al By ENDIETEDGE AIR RELIEF F... °. saws. Z 9, 29 T7 ii�£40'f tl •vl, 4 ' Ie1 ,♦�vNfl t�' i TT It TAL..ON EIAE LPT.T TM.I 3) LOT I AS SI9WN HEREON IS RESERVED FOR A BUFFER STRIP TO SCREEN THIS SUBOIVISION FROM THE RESIDENTIAL AREA EAST OF FIRST AVENUE, ANO IS NOT INTENDED FOR DE11LOISENT SURVEY OF CITY LANDS ..rN., A-.. ns:„ o w . ... a..:a v,o SPUR SUBDIVISION NUMBER ONE, IN G OV'T. LOTS 1 & 2, SEC. 5, — T. 5N.,R.I]W., AND THE SZ I/4 OF SEC.32, T6N.,RIIW., S.M., CITY OF KENAI, i v>"p`N° KENAI PENINSULA BOROUGH, / °inY'SY ~M—Ell ALASKA. 27, 859 AC. TELANA 1—T.A.S. • u""o»<RETs acx+�m w . .m v vve wAA lil «� EBAa SET ERR IT "FAIR // ,A A., .11 FTN. ETEoT.TABEI.'AllE.C,..NPH -- A. Q°- 4� — a• m� R /IF, !' y p PEE ♦ r 0 ENE LOT 2 16 250 AC Ee• o° °EN o° 1 A IS of 2 — 0 4 I el J 6 { ) a £I 4 o xl W 7 0. J Q �81 J �ti I9 a:l Oi g iF vfl R10 14 Oil J'i g 11 15 / R 12 17n;j LOT 3 -6➢67., ESE El orv.o .I I 19 s w a 9 23 22 21 20 Win@; 05 EIlw A 1 10 yo 3 T„;: a C.J B 15 6'S U 7 8 14 8 IN 10 g P12 rc $ 16A 112 I 202 I22 TR.A 12 it 10 111 - B 19 1ARBOR AVE 110 114 9 8 R 7 1 10 7g R6 1 11 68 BE 6 ' A, IN '. S g 4 1 13 4:.:$ S 3 2 2 8 10 11 g .,2 ,. 12 m -3 6 13 $ g 4 5 14 "o e5 1 ` 15 ' -6 16 17: ° 208 TR. B I 14 TR AGENDA 4 ENAt CITY COUNCIL — REGULAR MEETING OCTOBER 17, 2007 7:00 P.M. ' n r KENAI CITY COUNCIL CHAMBERS Aaw.AUSU http1twwwcikenai.ak.us ITEM A 3, CERTIFICATION OF ELECTION 4, ADMINISTER OATHS OF OFFICE 5. ELECTION OF VICE MAYOR ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker) 1. Ordinance No. 2255-2007 -- Increasing Estimated Revenues and Appropriations by $36,909.53 in the General Fund to Properly Account for In Kind Services Provided to the Soccer Park Capital Project Fund. 2. Ordinance No. 2256.2007 -- Increasing Estimated Revenues and Appropriations by $150,000 in the Public Safety Garage Capital Project Fund for a State Grant. 3. Ordinance No. 2257-2007 -- Increasing Estimated Revenues and Appropriations by $888,562.42 in the Municipal Roadway Paving Capital Project Fund for a State Grant. 4. Ordinance No. 2258-2007 -- Increasing Estimated Revenues and Appropriations by $592,541.34 in the Wildwood Drive Capital Project Fund for a State Grant. 5. Ordinance No. 2259-2007 -- Increasing Estimated Revenues and Appropriations by $1,150,139.22 in the Marathon Drive Capital Project Fund for a State Grant. 6. Ordinance No. 2260-2007 -- Amending KMC 12.20.030 by Better Describing and Defining What Constitutes Prohibited Storage of "Junk," "Garbage" and "Litter" Under the City Code. 7. Ordinance No. 2261-2007 -- Increasing Estimated Revenues and Appropriations by $12,658 in the General Fund to Pay for Training Ammunition, Small Tools and Improvements to Police Department Report Writing Stations. 8. Ordinance No. 2262-2007 -- Amending KMC 14.15.060(b) to Change the Height of House Numbers From Three Inches (3") in Height to Four Inches (4") to Provide Consistency With the International Fire Code. 9. Ordinance No. 2263-2007 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Fund for Deferred Maintenance Items at the PRISM Facility. 10. Resolution No. 2007-59 -- Approving a Contract to Hattenburg, Dilley & Linnell, LLC (HDL) for Engineering Design Services for the Project Entitled Marathon Road Improvements for the Not -To -Exceed Amount of $164,856. 11. Resolution No. 2007-60 -- Approving a Contract to Wince-Corthell- Bryson for Engineering Design Services for the Project Entitled Wildwood Drive Improvements for the Not -To -Exceed Amount of $45,500. 12. Resolution No. 2007-61 -- Awarding a Three Year Contract for the Operation and Management of the Kenai Recreation Center to the Boys & Girls Club of the Kenai Peninsula, Kenai Unit, in the Amount of $130,000 Per Annum, With an Option to Renew for Two Additional Years. 13. Resolution No. 2007-62 — Designating that Lot 1-A Sprucewood Glen Subdivision Number Two be Replatted and that a Portion of the Property in That Lot be Preserved as a Buffer. 14. Resolution No. 2007-63 -- Authorizing Approval of a Provisional Certificate of Public Convenience and Necessity for Kenai Landing, Inc. ("KLI") for Public Water Utility Service. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2264-2007 -- Accepting a Grant From the State Division of Homeland Security and Emergency Management 2007 State Homeland Security Program in the Amount of $243,000.00 and Appropriating the Grant in the Kenai Emergency Operations Center,. Capital Project Fund. 4. *Ordinance No. 2265-2007 -- Increasing Estimated Revenues and Appropriations by $58,640.00 in the General Fund for a Grant From the State Division of Homeland Security and Emergency Management 2007 Law Enforcement Terrorism Prevention Program to Provide P25 Radio Consolette Upgrades to the City Communications (Dispatch) Center. 5. *Ordinance No. 2266-2007 -- Increasing Estimated Revenues and Appropriations by $21,250 in the Airport Fund and by $850,000 in the Runway Improvement Capital Project Fund for Capital Improvements. 6. Approval -- Library Regulation Update/Inclusion of Unattended Children Policy. 7. Discussion/Approval — City of Kenai/KCHS Ski Team Contract for Services. 8. Discussion -- Assignment of Commission/Committee Liaisons 9. Discussion -- 2007 Dip Net Fishery Report EXECUTIVE SESSION -- None Scheduled. ITEM N: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, or visit our website at http://w ci kenai.ak.us. D754/211 Carol L. Frees, City Clerk