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HomeMy WebLinkAbout1988-09-07 Council PacketCOUNCIL PACKETS Kenai City Council Meeting Packet September 7, 1988 0nv OF KM TMCounoAa � CNya fu1W w•bi aNM�q «. sores � AnM M an Wadmsday. s@PL T.1nga 7:00 PM to VOOVA101 d1lMliwr 210 nw o, b bar an appw by FNW CWM EikxL TMME-ilkDft o"Cam*sW hedrlM'afptwMbyF«Mr Gram o8on for an rlMndnl1 Mon rdstNq oondwoiwf uN Mr• m far «mMlgn o of in RN prk off Andy No. TM pubic M 4MMd b u0rid r1d prlbtp N arm,, "low" I* tM CNy QWk Was SOPL 7. 1 M. Jrnt Ruohdi4 city 0Mlt Dead. Aupust 11. IM AGIMA _KM1A17./9M A. CALL TOORD�EyRy- f:��'�;�f�J�'S��i�ll•�iF,,i�y �}7'�M�6;S:t • RIVPaAt MdMf7nic,;j:.ti,`.!!�A-� ;;.-�,�.;a,;. �;t1•:O1dI1Mt110a1280.88-AmsrdMKNWMWoipUcods: T& 1 • L"d D@pL r►d Cwk tlndsr SupslnNlon d cF irr, V WNW .. . �y &dkWco 128148 :.trim PAvlAppM - RW 3. ftukoe 8872 - AcCOW4 888.000 flan .:_p EKWW 8otlkq FWflRy PWW4Gt*V AM Ul ft : Raaokftn 88.73 - TwWsr Funds • fNlW~ MrkW vs. Cay a KwW • $10.000 .. 81i44 • AGOO" Stab owt • Road w r;nt "W"W 70.000 ,. 0. RssoMdfon 88.7a ,.AiX" 8tats Orr►1.Y!�!atst 6 a : = 1562.100 IM soiAion 8df6 - Aoospwp f!d • �i4►• Tiwww Ar8< _`;pssoM,ron88.78 •Tts+Mraf Funda•8slrmTtssAnMl�t ":>,''Plnt fA1YdYq s bmwomma - $23.000 Ir t{ Y uh✓ -`��ji��i RssaNltton 88.77 . Rsqusst efrt. Fun�+0 fa BaMood FacNty • 8980.000 pubYo a tmdbd fo attend and psrM � Ruot>�. f�Ic f CJ AGENDA _ KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 1988 - 700 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Board of Adjustment: R/V Park - Angler Park 4. Agenda Approval- 5. Consent Agenda 'All items listed with an asterisk M 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. S. SCHEDULED PUBLIC COMMENT (10 Min.) C. PUBLIC HEARINGS 1. Ordinance 1280-88 - Amending Kenai Municipal Code, Title 1 - Legal Dept. and Clerk Under Supervision of City Manager s " —2. Ordinance 1281-88 - Increasing Rev/Appns - Runway/Taxiway Overlay - $337,500 3. Resolution 88-72 - Accepting $85,000 from Borough to Expand Boating Facility Parking/Staging Area, Using Excess Sand From Landfill and Extending Landfill Permit 4. Resolution 88-73 - Transfer Funds - Litigation Re/Western Marine vs City of Kenai - $10,000 5. Resolution 88-74 - Accepting State Grant - Road Improvements - $70,000 6. Resolution 88-75 - Accepting State Grant - Water & Sewer improvements - $562,100 )Y)y -----7. Resolution 88-76 - Accepting Bid - Overlay, Taxiway A&B S. Resolution 88-78 - Transfer of Funds - Sewer Treatment Plant Building & Improvements - $23,000 9. Resolution 88-77 — Request State Funding for - D. Seafood Facility - $950,000 COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3, Economic Development Commission L_ r-- 3 f' • L. 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Comm/Comm r) E. MINUTES 1. *Regular Meeting, August 17, 1968 F. CORRESPONDENCE 1. *Governor's Office - Recommendation of Sue Carter for Alaska Tourism and Marketing Council 2. *Son* Stevens - P-3 Orion in Kenai 3. *Alaska Community & Regional Affairs - Revenue Sharing, Population Determination - 6,546 4. *Resource Development Council - Thanks for Support G. OLD BUSINESS 1. Morgan\Golf Course Lease H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified --2. Requisitions Exceeding $1, 000 3. *Ordinance 1282-88 - Amending Kenai Municipal Code, Title 11 - Shifting Burden of Surveys & Appraisals of City Leased Lands from City to Lessee Applicant 4. *Ordinance 1283-88 - Increasing Rev/Appns - Visitors & Convention Bureau - $90,000 5. *Ordinance 1284-88 - Increasing Rev/Appns - Repair Roofs, City Buildings - $150000 6. *Ordinance 1285-88 - Increasing Rev/Appns - Senior Citizens - Borough Special Revenue Fund - $5,606 7. *Ordinance 1286-88 - Increasing Rev/Appns - Library Grants - $21,000 8. *Ordinance 1287-88 - increasing Rev/Appns - Dock Facility, Expansion of Parking/Staging Area - $85,000 9. *Ordinance 1288-88 - Increasing Rev/Appns - Repayment to City - Sale of Kenai Original Townsite, Lot 5, Block 4 10. Discussion - Kenai Flats Wildlife Viewing Grant (Boardwalk) 11. Ordinance 1289-88 - Increasing Rev/Appns - Kenai - Flats Wildlife dewing-Area.-.190-,OOD_-_- 12. Discussion - Kenai River Special Management Area - Nominations 13. Approval - Election Judges 14. Discussion - Priority List for Legislature L 15. Discussion - Airport Terminal Renovation - 1989 +` 16. Discussion - Library Regulations A4 -. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -- -- `- - - " J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT r.. .cam. �x�,--•ta ' c�-�'-� `y (a/./ �;,'-�.,.'z+_ J . ,� -- i, A.1/+ r._�:e � \� vvwr� I �1�r v`,/•••'!�1 � tf �N�, ••,� 7 7� 7 COUNCIL MEETING�F --i In COUNCIL MEETING OF '. SEPTEMBER 7, 198871 INFORMATION ITEMS TO DO List - August 17, 1988 2 - Kenai Borough Minutes - August 2, 1988 3 - Library Report - July 1988 4 - Day Care Assistance Program - Annual Report -•-.-.- =,.`' 5 - Kenai Borough Agenda - Sept. 4, 1988 - 6 - Alaska Aviation Heritage Museum - Thanks 7 - Kenai Borough Ordinance - Walkways for Nikiski School 8 - TO DO List - August 24, 1988 - - ' 9 - dames of Chance & Skill - Public Hearings ... ...'-.. .. - .... _. 1. 10 - Governor Cowper - Mayor Appointment, State Job Training Coordinating Council 11 - Alaska Resource Development Council Newsletter - August ' 1988 12 - Public Works Director Kornelis - Report on Harbor commission___-- 13 - Billing - Swires, Lawton - Doyle Construction - _` $43,503.75 14 - Transfers Under $1,000 - August 1988, . jr Q L CITY OF .._..... "Dd Oap" 4 4"01 210 FIDAL00 KENN, ALASKA 99911 TELEPHONE 283.7535 MEMORANDUM FRO 6 eimogers, Attorney of Kenai TOt Honorable Mayor A Members of City Council REs Administrative Appeals From Board and Commissioners An Appeals Board is under a duty to act justly, reasonably, and without abuse of discretion on applications for appeal concerning matters before it. It is a quasi-judicial body, and while strict rules of judicial procedure may not be applicable to the proceedinq before it, the attitude and conduct of members of the Board should be judicial and impartial. The hearing should be a public one and is ordinarily in the nature of a de-novo proceeding and the Board should not refuse arbitrarily to receive and consider material evidence on the issues being presented. Since these hearings are not judicial hearings, they should be more or less informal and not subject to strict judicial or technical rules of procedure. Where no particular method of procedure for the conduct of the hearings is provided for, the hearings must be governed by established rules of the procedure applicable generally to administrative tribunals. The proceedings should be recorded so as to constitute a full and complete statement of the proceedings with particularities sufficient to enable a court to understand what was done should the matter be appealed for judicial review. The Board should not consider anything except the provisions of -the laws and facts-determinati-ve-of the question whether the situation warrants or requires the relief for which application 1 "_1 F is made. Nor can it consider burdens or hardships arising not from zoning laws but from plat or deed restrictions, since these are not relevant to proper grounds for relief from zoning restrictions. Protests and objections should be considered. It is the duty of the Board to require the submission of evidence to establish facto and it is incumbent on a party to produce evidence if he desires to preserve his right of judicial review of an adverse administrative decision. The evidence must be sufficient to justify the administrative action for which application is made. In the case of a variance, there must be sufficient evidence of unnecessary hardship or difficulty and of conformity with the fundamental purpose of zoning plan, and consistency with substantial justice. The hearing before the Board being de -nova, the decision being appealed from is not conclusive and binding on the Board as to issues of fact. The Board is empowered to ascertain facts from any competent evidence and members of the Board are entitled to consider facts learned by them from personal observation of the location in question and surrounding conditions. The Board may, in the exercise of its discretion, take a view of the premises at any time prior to deciding on an application, and the Board may consider and rely upon what it saw on the view. Where such a procedure is followed, however, the Board must set forth in the return the facts known to, and acted on, by its members but not otherwise disclosed. Various personal observations of Board members have been deemed sufficient evidence for the taking of administrative action. The Board may consider the recommendation of City officials but may not substitute that judgment for theirs. The general rule with respect to the hearings, is that witnesses should be sworn, and their testimony taken only on oath, unless the administration of the oath to witnesses has been waived. Such waiver should be upon the consent of the Board as well as the parties. The administration of an oath is particularly appropriate where material findings of fact must be made on conflicting testimony. Insofar as presumptions and burden of proof, it is maintained that: L $'A party applying or appealing for relief to a zoning board of adjustment or review has the burden of proof of facts entitling him to that relief ... if an applicant seeks the allowance by the zoning board of a variance or exception, he has the..burden._of_proving facts entitling him to it; i.e., he has the burden of setting before the zoning board the evidence necessary for exercise of its seasoned discretion. It follows that failure or insufficiency of -proof -as to -any factor or element essential to the allowance of a variance will defeat the application therefor. Unless an applicant el lip r J F. I k, 7k.. r 0 F is required to establish by proof all the essential elements of his right to relief, a board of review would have the power to nullify the zoning ordinance under the guise of exceptions or variances. But the burden of proof is sustained by evidence that under special conditions, a literal enforcement of the provisions of a zoning ordinance will result in unnecessary hardship and that in spirit the ordinance will be observed and substantial justice done by allowing a variance." Any action or decision of the Board must be based upon facts as established by the evidence properly introduced before it. The decision of the Board as to variances where other matters rests exclusively within its own discretion, but its decision must not constitute an abuse of discretion or power, and in this respect, is always subject to judicial review and reversal. The recommendations of City officials are not intended to prevent a Board of Zoning appeal or the like from either granting or refusing a permit. The action or decision of the Board is presumed to be valid. The Board requires a quorum consisting of four and a majority is the requisite required vote. The Board is required within thirty days after the hearing, to render a decision on the appeal and can impose appropriate conditions and safeguards in accordance with zoning ordinances relative to any matter subject to its jurisdiction. Any conditions imposed must be reasonable and not arbitrary, unnecessary or oppressive and they must be related to and incidental to the proposed use of the property. Thus, the Board is not limited to an affirmance or reversal of the actions below, but may use its judgment and discretion in making such modification and attach such conditions and restrictions to the granting of a variance as in its opinion should be made. Before arriving at its decision, the Board should make findings of fact upon the -evidence so that any reviewing authorities may be advised of the reasoning behind the Board's decision especially where the relief sought is granted. The general rule would seem to be that parties in a zoning proceedings have a right to cross-examine witnesses offered by an adversary. L k] lip . Witnesses should be administered the following as an oath or affirmation prior to their testimonys t "Do you solemnly swear that _the testimony that you are about to give in the case now before this Board, to be the truth, the whole truth, and nothing but the truth... So help you God? Under pain and penalty of perjury? TR/clf ,y 8/85 r-- 14.20.280-14.20.290 _•.. s' 14.20.280 Public Hearings and Notifications: (a) Intent: This section governs all public hearings held by the Commission as required by this chapter. (b) Public Hearing Notice: Notice of the public hearing shall be published twice in a paper of general circulation within the City. The first notice shall be published not less than seven (7) days prior to the date of hearing. The notice shall z contain at least the following informations (1) A brief description of the proposal on which the ! public body is to act; (2) A legal and common description of the property involved,- 4 (3) Date, time, and place of the public hearing; (4) Person and place to -contact for more detailed i information. I (c) Property Owner Notification: A copy of the aforementioned newspaper notification shall be sent by certified mail to real property owners on record on the borough assessor's "- records within a 300-foot periphery of the parcel affected by the , j proposed action. This notice shall be mailed not less than ten .' (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no r='• notification of neighboring property owners shall be required, , - -: - but notices shall be displayed in at least three public places. (Ord. 925) 14.20.290 Avveals - Board of Adjustment: (a) Appeals from decisions of the administrative official or the Commission shall be heard by the Kenai City Council acting as the Board of Adjustment. i lb) Procedure: (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the sj R filling of the appeal. Notice of the time and place of such hearing shall be mails o all parties interested and to all `i property owners w n 300 feet of the property involved at �k least ten (10) days prior to the hearing. }: (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. in exercising the above -mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, ` decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the __. appeal is taken. - (3) All meetings of the Board shall be open to the -- - public -and the Board shall keep minutes of its proceedings- 14-58 (City of Kenai Supp. #47- 2/10/88) __ I i .r i` 14.20.290-14.20.320 } showing its decision, the Ieasons for its decision, and the vote of each member upon each question. Said minutes shall �+ be made a public record. (Ord. 925) 14,20,300 Appeal to Superior Court: An appeal from any - action or decision of the Board of Adjustment may be taken by any - person to the Superior Court as provided by state law and applicable ordinances. (Ord. 925) 14.20.310 Seyerability: In the event any portion, section, _.._ subsection, clause, sentence, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 926) j 14.20.320 gefinitions: (a) General Interpretation: • (1) Words used in the present tense include the future tense. - (2)• The singular number includes the plural. (3) The word "person" includes a corporation as well ' _ t as an individual. (4) The word "lot" includes the word "plot" or If "parcel." (5) The term "shall" is always mandatory. :..... (6) The word used or occupied as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific definitions: (1) "Accessory building" means a detached building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main -building when 'Joined to the main building by•a common wall or when any C 411 ••: accessory.,building• and the..main building.are connected by a • ..--breezeway. { :.•. a ('2•)? "Aacesarry - use" means a use, customarily' incidental } �� ',.-and . subordinate . to . the, principal use s of the:: land, building, - - - or structure and located on the same lot or parcel of land. - �(3) "Administrative official" means the person charged , with the administration and enforcement of this chapter. j (4) "Agricultural building" means a building used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation __�•_:___ and which -is not used by the public. _ (5) "Ailey" means a public way designed and intended - - to provide only a secondary means of access to any property ' abutting thereon: 14-59 (City of Kenai Supp. #46 - 11/13/87) • , 1 •1 S F! - r 14.10.040-14.10.070 14.10.080 hereof. Upon approval of improvement installations or arrangements therefor, the final plat shall be submitted in +- accordance with the provisions of Section 3.4.10.040 hereof. (KC 14.10.040 Data Required Upon Preliminary and Final Plans: There is hereby incorporated herein by reference the applicable provisions of Ordinance 26 of the Kenai Peninsula Borough, which -. are also identified as Section 20.15.045 and Section 20.15.060 of - - - the Code of Ordinances of the Kenai Peninsula Borough, as amended prior to or as amended hereafter. (RC 14-16) 14.10.050 Filing Fees: The preliminary plat shall be accompanied by a fee in the amount of $.0.50 per lot and shall not exceed $25. (KC 14-17) 14.10.060 Submission to City Council: (a) After review of the final plat by the City Planning Commission, such final plat, together with the recommendations of the Commission, shall be submitted to the Borough Planning Commission for approval. (b) If the City Planning Commission rejects or withholds ;. approval of a plat, the subdivider may request said plat be submitted to the City Council. The+secretary of the City Planning Commission shall forward the proposed plat together with the report of the City Planning Commission stating the reason or reasons for the action taken. The City Council may make such findings and determinations as are deemed proper. if either a preliminary or final plat is disapproved by the City Planning Commission, it may be approved by the'City Council. (KC 14-18) 14,10.070 Subdivision Design Standards: (a) Relationship to Adjoining Street System: The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the Commission for public irements The width of such streets in new subdivisions _ requ shall be not less than the minimum widths established herein. The street and alley arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Off -set streets should be avoided. Streets obviously in alignment with �.• existing streets shall bear the names -of the existing streets. };.. All proposed street names shall be checked against duplication of other street names. I (City of Kenai Supp. #44 - 5/8/87) Lim 14-4 • ' ,r 4.30.060-4.40.010 4.30.060 Fees: If a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to Table No. 3-A of Section 303 of the 1976 Edition of the Uniform Building Code. (Orris. 269, 395, 579) ' Chapter 4.35 . "".TRAILER PLACEMENT — - - --- - -.:- Sections: , '.; 4.35.010 Definitions. 4.35.020 Standards. 4.35.030 Lean-tos. 4.35.040 Building Permits Applicable to Trailers. =- - -----_---=_ =-- 4.35.050 Application of Trailer Regulations. (Ords. 45, 97, 269, 395, Repealed Ord. 1078) �.f Chapter 4.40 BOARD OF APPEALS . actions: " 4.40.010 Constitution. 4.40.020 Penalty. =' 4.40.030 Conflicting Provisions. - 4.40.010 -Constitution: The City Council shall sit as a : Board.�of Appeals. in order to provide. -for final - interpretation of _ •. -. the.provisions of this title .and to: hear appeals provided for " hereunder. The Hoard may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building ` Official. (Ords. 269, 395) 4-10 - - '_ - - --- - (City of Kenai - Supp. #46 - 11/13/87) r `f , g� u; lil t Fm CITY OF KENAI ,a" 4 414"a If 210FIDALOO KENAI,ALASKA 99611 TELEPHONE 203.7535 MEMORANDUM TO: WM. J. BRIGHTON, CITY MANAGER - — FROM: HOWARD HACKNEY, BUILDING INSPECTOR! DATE: JUNE 17, 1988 SUBJECT: FOSTER RV PARK j F An RV park is not mentioned anywhere in the Zoning Code. Also, there is no specific definition for a park of any kind in the Code. Webster's New World Dictionary, Second College Edition has several definitions for a park. Number seven defines a park as, "A space set aside for parking motor vehicles". So, according to Webster's, an RV Park is a park. In the Zoning Code Section 14.2.154(a), pertaining to the extraction of natural resources, states, "on the basis of the application with accompanying information, any supplemental information filed, and such information as may be presented at the public hearing provided for in this chapter, the Commission shall make a determination as to whether each of the following requirements has been met". Requirement No. 7 states, "The proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in which the II property is located". i 1 In the Land Use Table of the Zoning Code under "Public/Institutional" (use) "Parks and Recreation" are a ` permitted secondary use in the Rural Residential Zones, which is the zoning of the land under consideration. Section 14.20.158 Amendment or Transfer: (b) states, "A permit holder may amend his site plan and statements by filing.an k} application for amendment in writing with the administrative official. The Commission shall approve the application for amendment if the original application would have been approved 4 had it contained the provisions of the application for -' - - - - - - amendment". -I realize that last sentence is impossible to - determine. However, I believe if the present Commission approved the amendment it would be valid. According to the Code the Commission could vote on the amendment without a public hearing. +` -ter { i L ,Y fr ' Therefore. it the Fosters filed an amendment to their Conditional Use Permit for the Extraction of Natural Resources proposing an RV Park as part of the reclamation plan for the gravel Pit, they would be following, the requirements of the Code. ....... ....... Also, the oilees Ball Park and the golf course were developed in the Rural Residential Zone.. While the Oiler's may be a quasi non-profit entity, the golf course is a business. HH\kh DEPT\BLDINSP\RV.MEM F is � t r. _ ----- - -- -- - --,i CITY 4F KENAI e OQU4aU. 210 FIDALoo KENAI, ALASKA sY611 TELEPHONE 283. 7635 mj- TO: Wm. J. Brighton, City Manager City QC ty of Kenai PR 0 mothy J. Rogers, City Attorney itof Kenai DATE: June 30, 1988 RE: Foster RV Park t, -I QUERY You have asked me to review the Conditional Use Permit granted to Foster Brothers Construction for extraction of natural resources to determine whether the gravel pit could be converted into an RV park. There are a number of issues which need to be discussed. One position that has been suggested is that the conditional use of natural resource extraction can be converted under the Conditional Use Permit to allow the RV park irrespective of the zoning. No. j I HISTORX The Conditional Use Permit application, dated November 3, 1984, suggests that the plan for the property included removal of gravel and then proposed buildings around the lake that -would be excavated. This Conditional Use Permit was approved by Planning _- & Zoning. The zoning -in the -area is Rural Residential (RR). r- �� In May, 1987, Foster Brothers requested that they convert the Conditional Use Permit from a residential subdivision to one of an RV park. -1- L W I�� W � 1y ; CONDITIONAL USE PE A Conditional Use Permit is a permit which allows the use in a zoning district which might not normally be allowed subject to approval by the City Council. See, Anderson, American Law of Zoning, S. 16.11. KMC 14.20.150 et seq., provides for conditional uses. KMC 14.20.158 specifically provides for amendment or transfer of a conditional use permit. Under subparagraph (b), "A permit holder may amend his site plan and statements by filing an application for amendment in writing with the administrative official. The Commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the application for amendment." An initial point of inquiry then is whether the original application would have been approved had it contained the provisions for the RV park. AISCUSSION The question is whether an application for an RV park would have been approved as a conditional use falls under KMC 14.20.150. Subparagraph (a) provides that, "The allowed conditional uses are listed in the land use table." The property in question is zoned Rural Residential (RR) and under that designation in the Land Use Table, there is no allowance for a recreational vehicle park. Mobile home parks are, however, allowed as a conditional use and one could argue that the similar use could be construed to allow an RV park. On its face, however, a recreational vehicle park is not a permitted use within the Rural Residential zone. One must next look to KMC 14.20.150(b). RMC 14.20.150(b)(1) provides that, "Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met; (1) Such uses must be similar to principal uses permitted in the zone; (ii) Such uses must be in harmony with the intent of the zone." -2- L.. 0 -I -- , -.--1 i r I 1 in this case, it would be difficult to argue that an RV park is similar to the principal use of single and double -family homes. It would be difficult to argue that such uses would be in harmony with the intent of the zone as the use of an RV park is clearly a commercial enterprise. coN,Cku-SMA Conditional use permits can be amended to allow different uses if the new use is a permitted use. The new use is not permitted under the Land Use Tables. Non -permitted uses are allowed if the new -use is similar to a principal use or if the new use is in harmony with the intent of the zone. The new use in this case does not, however, appear to meet the criteria for a non - permitted use because an RV park probably is not in harmony with the surrounding area. Accordingly, I would conclude that amending the conditional use permit to allow an RV park is not permissible. TJR/clf r �.l ..t t° i i. . T x. 1 i i CITY OF KENAI _ Ell 4" 210 FIDALOO KENAI, ALASKA gN11 TELEPMONF.283.7535 TO: thy J. Rogers, City Attorney City of Kenai ii FROM: J. Ron Sutcliffe, Deputy City Attorney City of Kenai DATE: July 19, 1988 RE: Poster RV Park Distribution To: Planning & Zoning Commission Kenai City Council Wm. J. Brighton, City Manager This memorandum summarizes an alternative to the conclusion stated in your June 30, 1988 memorandum to Wm. J. Brighton. The June 30, 1988 memorandum concludes that an RV park would be inappropriate because it would not be in harmony with the intent of the zone. This memo does not change that conclusion. My understanding of the matter is that Planning & Zoning did not rule on the permissibility of a conditional use permit or the transfer thereof. P&Z, rather, referred it to the Council to have a public hearing on the matter. Presumptively, it could go back to P&Z following a favorable recommendation from Council. Because this is not a direct appeal from PH, per se, there is no -necessity of following any Code provisions or rules of order relating to appeals. My understanding is that Janet Loper has gathered significant evidence which could be used to alter the conclusion of the June 30, 1988 memo. That evidence is as follows and would hopefully be presented at the Council meeting. 10 A list of owners in the Angler Drive area reveals that only two owners of property are actually resident on Angler Drive. L -1- -I i r- r) 1S 4 2. One of the residents currently on Angler Drive is running a guiding business from his home. 3. Evidence should be presented that the entire Angler Drive area is a recreational type area. One could point to the long historical use of the fishery off the end of Angler Drive and the entire general recreational corfidor within that area, including the river. 4. Loper is also attempting to get business licenses for residences in the Angler Drive area. She hypothesizes that most of the people in that area that actually live there, are running businesses from their home. Given this evidence, the Council could make findings of the above facts and conclude that in fact, a commercial enterprise is harmonious with the intent of the zoning "as it exists". The area is still zoned Rural Residential and that appears to be something of a stumbling block. The meaning of the KMC 14.20.150 is not to allow a conditional use in a zone just because a residential zone has taken on the character of a commercial gone. The intent of KMC 14.20.150 is that a conditional use would be allowed if it is "in harmony" with the (original) tent of the zone. The intent of a rural residential zone is set out in KMC 14.20.080(a): "The RR zone is intended to provide for low density residential development in outlying rural areas in a form which creates a stable and attractive residential environment." (emphasis added) An RV park is clearly not an intended use. If in fact, the zone has become commercial in nature, the zoning should be so changed. The standard for applying for a new conditional use permit is the same as transfer. Either way, I do not think establishment of an RV park is legally permissible. TRADIT ORAL CONDITIONAL USE PERMIT LAW The cases tend to make little differentiation between "special .exceptions", "special use permits" and "conditional use permits." It all depends on the term employed in the particular enabling act or ordinance. See, e.17. Tullo V. Township of Milburn, 54 N.J. supra 483, 141 A.2d 620 (1959). -2- A traditional conditional use permit ordinance usually specifies the conditions and findings which are required to grant the relief requested. Not only will the relief be granted only when those conditions are found to exist but, "Presumably an implicit condition always would be that the relief granted must neither ravish the master plan or amount to such preferential treatment as to constitute spot zoning•" Land Use, Wright -Webber, Section 6 at 122. In the instant case, an obvious line of attack would be that if Council or P&Z found an RV park to be harmonious with the intent of the zone, a suit could allege an abuse of discretion. Moreover, the act could be construed as unreasonable and capricious. The model land development code allows special development permits based upon a finding of compatibility with surrounding areas and with developments already permitted under the general provisions of the ordinance. This would seem to be very much in line with the City of Kenai conditional use permit ordinances. I would conclude that there is little difference between the Kenai conditional use permit ordinances and what is traditionally envisioned by planners and legal scholars. JRS/clf i -3- 1 KENAI PLANNING & ZONING COMMISSION July 13, 1987 - 7:00 P.M. Kenai City Hall Hal Smalley, Chairman The first part of the minutes pertaining to the amendment for Faster Construction are verbatim. 1. ROLL CALL Present: Smalley, Bryson, Church, Nault, O'Reilly Absent: Brown (excused) 2. APPROVAL OF AGENDA Agenda approved as submitted II 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None S. APPROVAL OF MINUTES of June 29, 1968 Minutes approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Amend Conditional Use Permit for Extraction/Reclamation: Poster Construction Chairman Smalley introduced this item. Planning Specialist Loper: This issue has been reviewed by the Attorney's office. Referenced Section 14.20.158 (b), "Amendment or Transfer: A permit holder may amend his site plan and statements by filing an application for amendment in writing with the administrative official. The Commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the -application for amendment." Commissioner -Bryson: To break this down into different areas of impact; the original conditional use application -was for gravel-extractiono-the- reclamation of the area into a residential development was a conforming permitted use so I feel this wouldn't be an appropriate application of this paragraph. In lieu of proceeding with a permitted use in that zone, they're proposing a use that is not %Wj r -A - 1 KENAI PLANNING & ZONING C014MISSION July 13, 1988 Page 2 permitted without a conditional use permit. The primary medium term use previously was gravel pit, the ultimate use was residential housing which is permitted. Now the same medium term use is gravel extraction, the long term use is another conditional use requirement, the RV parks. The impact of this is I feel that it needs to go back to a formal public hearing so that the public can be addressed, ask for their opinion and it will be on the record. Commissioner Nault asked if an amendment to a conditional use permit require" that all the surrounding property owners be noti- fied, answer no. Commissioner Bryson stated that the City can advertise in the newspapers that a hearing's being held. A public hearing is mandatory on a conditional use? Answer yes. Commis- sioner Nault: couldn't you just say that they should have to file for a conditional use permit if they're going to change the use? Commissioner Bryson: I don't really care how he does it I just think they should have a formal public hearing. To not have one I think is circumventing the zoning for the city. The only protec- tion the people in the city have is when something deviates from the norm, the norms that are legislated, in this case the zoning ordinance, they have a right, they have a basis for making their opinions known and that is not being allowed. Commissioner O'Reilly: The use of it as an RV park though that's not against the City code is it. Answer no. I mean as opposed to the case last week where the real estate office was. Planning Specialist Loper:, yes. The letter from the attorney's office was specific on that. Commissioner O'Reilly: so that's why we didn't have a public hearing on that one. Chairman Smalley: The RV park could be a permitted use under a conditional use. Commissioner Bryson: No, it will never be a permitted use. It could be a conditional use. Chairman Smalley: I know there are some people that came this evening to speak with regard this issue. Even though its not a hearing. Commissioner O'Reilly: Is that generally allowed? Chairman Smalley: We have in the past allowed them. Is there an objection. Commissioner Bryson: I have no objection. Just so its kept in mind its not formal testimony. Tanni Miller, 609 Ames Rd.: When this conditional use first came about in 1984 there was a lot of problems between the Foster Brothers and ourselves over what the ultimate goal was going to be for this pit. We had to fight with Chester Cone for many years and we thought, well, maybe when the Fosters come in it won't be quite as bad because when you argued with Chester he'd turn his hearing aid-off.and walkaway from you.- and it -turned out, - unfortunately to be a lot worse. And we thought we'd come to a meeting of the minds when the Foster -Brothers _dnd_ the .residents - on Ames Rd met at our house and discussed a conditional use permit and finally came to an agreement with all parties involved so that we would not fight their conditional use permit and that was the Foster Brothers ultimately turn it into a residential use only L J:. r�. () �t - .... 4 j, t, KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 3 area. It was going to have a nice little lake and all this lovely stuff. and as it turns out they definitely had ulterior motives because it has been going down hill from there. I feel very strongly as I think the majority of the people on Ames and Angler that our property is going to decrease so tremendously by having an RV park come in. We've lived on Ames Rd since 1972, we will continue to live on Ames Rd. I would hate to think the property that we have there is going to be totally useless with an RV park around because its turned into a slum. We were guaranteed by the Foster Brothers that it was going to be lovely homes of $150,000 to $250,000 on nice little lots. And I don't really think that an RV park is appropriate for the area. Chairman Smalley: Is there any other comments? Will Jahrig: This is getting routine here►. My name -is Will Jahrig and I'm a property owner in various places in the City. I've been before the board on zoning for my own property and I've tried to abide by every law and every rule that was ever set forth, I've tried to not step on peoples toes even though one time I came before I did step on peoples toes because there were people opposed to me using a heavy industrial lot down here on Bridge Access Rd. They didn't like it because of the fact that I was going to be a nuisance, I was going to cause problems, I tried to do everything in my power and I think I've done a real exception- ally good job of not doing anything negative for the people, as a matter of fact the people who were against it now have come to me and say that I have done a beautiful project. Your position here is to do the well being of the people. The problem we have down on Anglers Acres is that we are totally surrounded by residential, the area that Fosters wants to develop is residential around him. Where I was at I was surrounded on three sides by industrial then a bluff 45' at a different height between residential and myself. Now I feel I had a good argument and I'm sure they feel they have a good argument but I think when you start weighing the negative and the positives, what we have down there is strictly residential and because of the fact that there is some city people who are pushing for the money aspect of it, which I don't think the city is going to really reap from because of the fact that they're going to be stuck down in that area, as basically out of sight and as the saying goes, out of mind. They're down there, why would they have to come to Kenai. These people, their attitudes are going to be we're fishing the river. Now Fosters already come in once and they tried to get the boat ramp put in -that was the beginning -of -the project -and they got totally shot down because of that. The reason they got shot down because one thing the beginning -the -Corps wouldn't allow them to do it, I don't think anybody would allow them to put in the ramp whatsoever. All we ever heard was how the Fosters stated we have talked to these agencies, the agencies have been favorable, we EI r: KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 4 never saw anything on paper that was favorable. I have never seen anything and if I'm wrong I stand to be corrected. But I don't see how anybody would allow any agency right now allow them to start dredging out the creek, a habitat for fisheries, a habitat for wildlife and also a habitat for people that want to live peacefully in a residential neighborhood. The ROW, we have an area that he's trying to make presentable and that's right, the intentions are good and if he follows the intentions all ready set forth under the conditional use permit on the previous he's doing a good job. Now if the man has a problem, the value of his property isn't there over residential lots I'm sorry for him. Why should we be hurt because his property isn't worth anything at this point. In a few years it will come around and then maybe what's he going to want to do, is he going to went to cancel out his conditional use permit on an RV and go for high rises, condo- miniums, you know what's going to be the next step for our situa- tion down there. I'm as much as anybody for bringing tourism to our city. Our city has a potential for tourism, I think we have a very positive outlook for tourism here, if its handled property but when you start spreading the areas out, there's one down at Beaver Creek then they'll put one out the beach, then we'll try and have one out at the old dump site, they talked about trying to do something there. Well, a little bit here and there is not going to help; anybody at all and if we start ruining our property values down there which is, as far as I can see in dealing with Poachers Cove where I had property previously, there's nothing going to be in a positive aspect for the people who create the city. We have to deal with the people who live here and that's your position is tough because I know there's other people who have shown positive aspects so far but it should be like, actually we should have this coming before us for a hearing, I think because of the fact that we have people down here who have a voice they have a position they very much have a right to say ... we're the people, the people living there are the ones that should be heard first. Not the people who come here not the tourist, its good to have them come here and its good benefit to use their money that comes through but the people we've got to protect are the people who live here because we're the ones that's going to make or break the city. Not the outsiders. This place has been here for years now and if we can just keep the development going in a positive direction it'll be a positive spot. I just don't understand why we have to have a squabble down there in our area in a residential area. I know I hate to see what would happen if somebody came in behind your house and started to put in an RV park and that's basically what's happening down there, they're coming in behind us. So what's next. That's what worries me is what direction do y thewant to go next if this doesn't work. If this isn't -a money maker for them then what's the next thing, they're going to try and go for the dig into the creek; push for -that as -much as they -; can, put a pond in and connect it, and put in another Poachers Cove. Boy I hope not, I just hope not. L, L l r 1 A.' j.. (i{E. . KENAI PLANNING & ZONING COMMISSION • July 13, 1988 Page S Chairman Smalley: Are there any other comments? Brian Lowe: My name is Brian Lowe and I live on Lot 6 Angler Drive and the RV is just going to destroy the area around there. You know there's .. what's going to be next is going to be the boat ramp if they get the RV park, the way I see it. Right now there's still going to be the traffic, on the slough, they'll be parking their boats all over the bank along there there'll be trespassing on all the properties, with all that boat traffic in there, environmentally it will be killing all the king salmon smelt and scaring all the moose away and its just going to make a disaster. And the slough can't handle that many boats. and I feel the RV park should not go in. Planning Specialist Loper: Would you say your name again please? Mr. Lowe pronounced and spelled his name. You know, would you want someone putting an RV park in your back door. You know I know Kenai needs an RV park, but you should find some where else to put is the way I feel. Chairman Smalley: Are there any further comments? John Groeneveld: Ky name is John Groeneveld and I have two pieces of property on Anglers Drive, lot 8 and lot 24. And my concern is primarily with the one the road traffic and foot traffic and the traffic on the slough, I think probably ... we have a development going on, it is residential along the slough and along the river 07 side and I think its coming along very nicely, I think what's going to occur with the RV lot is that we're going to have an awful lot of traffic, in and out of the slough itself, degenerat- ing the ramps, the dock areas, the boat landings that we currently have, as Brian said the king salmon area right in front of Beaver Creek is very good at this time and the smolt do run in that general area and any, any development or further boat traffic in that given area is certainly going to degenerate the fishery that we do have going in the Kenai River, I think that any further development of boat traffic that's going to be a real problem for us all, I think that the foot traffic currently on lot 24 I have an awful lot of people who like to get down on the river and do their fishing and they have over the ... several past years in the past, have very nice home in the area and I don't care to have :r that be further trespassed by other than the Kenai residents who generally are backing off from it because they do see an awful lot of .... development in the area. As you know with RV's that brings an awful lot of extract activity that I don't think that the residents generally need. and I'm opposed to it and opposed to any further development,'I do think that the Fosters are doing a nice job, and working on their properties, I think that it could be done, it could be put to better use than RV's at this point in time. Thank you.. Chairman Smalley: is there anyone else -who would like -to speak? t Dana Roth: My name is Dana Roth, I live next to the Lowes, Brian Lowe, the owners of the property are James Cowan and Giles Manwaring, I'm Giles' nephew, I stay there. I simply want to �I ti KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 6 state for the record that I am in agreement with what I've heard here from the residents of Angler Drive and I feel that a park, a trailer park there -would ... pertains in many ways, environmentally, as as, that, I believe it also hurts the creek itself, the additional mud washing, there's low water, I feel too it would hurt the ... trespassing, granted you get more people in an area there's a lot of private property right a lot of people just don't ... really ... aren't too courteous, not that the average person isn't but you get a few bad apples and it kind of starts a trend. I think boat traffic would definitely be increased regardless of whether there's a dock there or not. People are just going to tie their boats up to the bank, I have a feeling, (inaudible). Well anyway, I just wanted to state I'm in opposition to the Poster project. Thank you. Chairman Smalley: Any additional comments? John Lowe: My name is John Lowe and I also live on Anglers Drive down there and I'm in concurrence with everything except most of the property, they own to the meandering water line and from the proposed RV park down to the corner of where the mouth of Beaver Creek is all mud flats and there's no way to walk there. We have people today that are trying to walk down to the property, they'll park up above and they'll walk through our private property which we don't have posted because we never had a need to but there are people still trying to get down to that and you see them walking on down and they finally get down to the lower.portion where there is gravel and its still private property so I can see where the people down at the lower portion of Anglers Drive will have more of a problem than we will but they're still trying to get down there with foot traffic. We were at Poachers Cove prior to this and we were the lot next to Poachers Cove and we put up a fence and we come up one morning and they were out there with a chain saw cut the tops off so they'd have some wood to burn. So I would Imagine we'd have the same thing down there. But anyway I just wanted to express these things. Chairman Smalley: Is there any additional input? Helen Groeneveld: Hello I'm Helen Groeneveld, I'm part owner with toy husband in lot 8 and lot 24. I share in the same sentiment as the other people. The issue is new to me, I'm not, like I say I haven't done my homework other than knowing that the lot is going In there. Myself, and grandchildren like to fish on our beach, we have part of the beach past the gravel area right at the mouth of Beaver lot 24 goes up and its a dreadful problem with people coming up and thinking your lot is ok parking. and I think that's probably what scares me most the people walk through our other lot to get down to the beach -where we -have our -other lot, come up, go to the bathroom on our lot, say hey, this is a beach its ours, that's true, we accept -that but -they go up and -throw their litter --- and everything else on the top, top of our lot, there's spiders up there, there's people going to the bathroom there. Like I say I cringe because of that, I don't know if that argument alone is Ce, ---Cr - KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 7 justification for that, additionally we now have a dock down on the creek, and if you take, if you have an opportunity to go up i and down on that creek I would take a look at it its a small creek and it doesn't seem like it should be you know, a real creek that - -' would resemble you know, New York harbor. Already that Beaver Loop intersection, if you all have fished in there, you know, you can see its, its the traffic in there you can't even get across it from one end to the other, its pretty congested. And i, again, I }, don't know how many spots he has planning in his trailer park but even if it was as many as 50 or 100 the thought you know, is -- - =.-` pretty awesome, it just doesn't seem like the area can support that type of congestion. Thank you. ;i From the audience: Don't do it. (Laughter) Chairman Smalley: any additional input? From the audience: Can we start again? (Laughter) - --, Chairman Smalley: I think it should come back to us. - Commissioner Church: I tend to agree with ... putting it to a :. public hearing. Commissioner Bryson: Could I make a motion here? E +' J� NOTION: Commissioner Bryson: I would like to propose a motion stating that the proposed -amendment constitutes a major deviation from the i ' intent of the existing conditional use permit and should not be "4 considered without a formal public hearing being advertised and held. As findings of fact I'd like it stated that the original permit would not Have been approved had it contained the proposed amendment. Two, a public hearing is still necessary and appropri- - ate, and three, effectively the proposed method of reclamation l such as residential housing which is a permitted use is now requested to become ... is now requested to be omitted. Let me restate number three. Commissioner O'Reilly: Can I ask a question. If we were put this In the form of a public hearing would it be taken from the Plan- ning a Zoning and put back before the Council or ... its just that we want to have more public input. Planning Specialist Loper: I need clarification, I'd like to know what the public hearing is on, are you suggesting they come back to the Commission for a conditional use permit? Commissioner Bryson: I don't care if its a conditional use permit or a reopening of hearing ... the original permit was for the boat launch wasn't it? (inaudible) I don't know that they've come to us specifically on this yet. Planning Specialist -Loper: That's -what you're asking? Commission Bryson: I'll strike that. Planning Specialist -Loper: That's what you're -asking -is that they come --- back for a conditional use? Commissioner Bryson: Well, I guess effectively that's what I'm saying, that they apply for a condi- tional use permit. I would personally be happy if the City were f •y_ A. 'C� o.. Y� r is 11 i 3311 KENAI PLANNING & ZONING COHNISSION July 13, 1988 Page 8 just to reopen up the public hearings an the original permit, it doesn't matter to me just so the public has a chance to comment. Chairman Smalley: We need a second an the motion. Planning Specialist Loper: I need to hear the motion again. Commissioner Church: Restate the motion please. (Laughter) Voice: Please. Chairman Smalley: Read it Phil. MOTION R1900TO: Commissioner "on: I propose a motion stating that the ... the Immense ... the proposed amendment constitutes a major deviation from the Intent of the existing conditional use Vomit and should not be considered without a formal publia hewing being advertised and hold. As findings of fact I would like number one, the original permit would not have been approved had It contained the proposed amendment and two, a public hearing is necessary and appropriate. Chairman Smalley: Is there a second. Commissioner Church: I second that. Chairman Smalley: With a motion and a second, discussion. Commissioner O'Reilly: If we go ahead and have a public hearing Is that in essence, saying no to what they're asking for right now. Because he wants a conditional use permit, I mean they want ,.* Chairman Smalley: he wants them to go through that process, he isn't necessarily saying he wants them to have a conditional use. He wants that process. Commissioner O'Reilly: But if we're asking them to go through that process of applying for a conditional use permit then in essence we're saying that we're not going to approve their request for an amendment. Commissioner Church: That's correct, we need more public input. Commissioner Bryson: What I'm saying is that the amendment .. I still don't think the amendment is appropriate. Commissioner Nault: Would it be more appropriate to deny the amendment. Commissioner O'Reilly: Either way you have to vote an this. commissioner Bryson: Keep in mind that if you get reversed at the Council level its approved. (inaudible voices) Chairman Smalley: If we vote, if this is voted down it can be appealed to Council and Council can reverse our decision. And then its there's. Commissioner Nault: So if we deny the amendment Council can reverse that. Commissioner Bryson: They can approve the amendment, yes. Chairman Smalley,. -But I think it stands as --a message -to Council that this is probably a more appropriate way to handle this U� particular matter. To allow the public to provide input rather than to have something without ... Commissioner Nault: We could f n c z�x 1.r t� i r— . KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 9 deny the amendment, pass it on to Council with the recommendation that it be submitted as a conditional use? Planning Specialist Loper: Council does not hear conditional use permits. Commis- sioner Nault: I know but stating clearly that the message is that we don't feel the amendment is the proper vehicle to be doing this. Chairman Smalley: I think Council will be getting a copy of these minutes. Commissioner O'Reilly: Except, Council has done everything that is within the ordinance,. I mean it is our decision, this is what Planning & Zoning Commission is supposed to be doing, making the decision. Chairman Smalley: yes or no. Commissioner Bryson: As near as I could tell from the minutes of the Council, they're up for interpretation, they were saying, well the amendment is the proper way to take ... and I feel its a major deviation. Commissioner Nault: Now what's the zoning for that area, is that rural residential? Answer yes. And an RV park is ... a permitted conditional use in a rural residential use. Planning Specialist Loper: An RV park is not mentioned at all, and by its omission it is allowed. Now that is the way it was explained to me. You're saying that you want it to be a conditional use is that right, rather than an amendment. Commissioner Bryson: I would paraphrase it .. that .. its not stated, its not addressed, in that a conditional use approval is the appropriate vehicle for permitting it. Commissioner Church: Well its such a great ... the original application was for extrac- tion of gravel and now its a completely different thing that he's asking for in an amendment and it should be two different things, I agree. Chairman Smalley: And I think a conditional use permit, you know, since it isn't specifically spoken to in the book, you know, that allows public testimony to those people that could be potentially affected by any kind of development as such and allows that testimony to go on record. Commissioner Bryson: The major deviation I see in both cases he's proposing, effectively, gravel extraction will occur, however,r in the second situation he's substituted the permitted use which was the housing and substituting an item that isn't addressed (inaudi- ble) Commissioner Church: •I agree. Commissioner Nault: Well in the Council minutes, Administrative Assistant Gerstlauer stated that it doesn't have to -be -doesn't have to be a conditional use permit because its part of the reclamation. - - - Commissioner O'Reilly: The other thing that I would bring up is if we go back and bring this up for more public testimony, this L 7 f t- KEW PLANNING & ZONING COMMISSION July 13, 1988 Page 10 L ANW man, he's not under tremendous time constraints but if he wants to make this RV park go for next tourist season he needs to be able to get underway with that as quickly as possible. From the audience, several different voices: But we don't want him to. We have a right to stop that too. We have a right to live the way we want to. Commissioner Bryson: What it has colas down to is the same thing in the public hearing process, the property owners have the right to petition ... items concerning their property. Commissioner Nault: So its both sides. Chairman Smalley: I agree wholeheartedly and I think what Phil is doing is trying to .. with this motion is to make that avenue available to both parties. Those that live out there and people that own the property. Chairman Smalley: any further discussion? Commissioner Nault: Well yea. Now if we're going to consider this as an amendment to a current conditional use permit we have the authority to call a public hearing on that? Several inaudible voices. Commissioner Bryson: Normally the public hearing is initiated by the application for conditional use. Commissioner Nault: We're not having that position though. My question is are we allowed to call for a public hearing. Commissioner Church: That's right. On an amendment. Chairman Smalley: I think in his findings of fact statement the original permit would probably not have been approved had it contained that proposed amendment. The code book speaks to had it Initially been approved then so shall their additional request be approved. But it was not. Planning Specialist Loper: May I make a suggestion, we're getting so fouled up in red tape here, I don't think any of us knows what we're doing here. Commissioner Church: Right. Planning Specialist Loper: Why not just a simple fail or pass, what's on the floor right now, I don't mean the amendment motion because that is something I can't keep up with, but just simply pass or fail the issue at hand. And then pass a second motion that says if he wants to return for a public hearing and go for a conditional use then that's the way you're recommending rather . an this great big long statement. Commissioner Bryson:- Findings -of fact are very important when an item is going to be ruled on. Planning Specialist Loper: Yes, I agree, but you are confusing the issue at this point, the issue is do you want to pass this or don't you. Yes or no. Wouldn't that be the easier way, then your finding of facts, but you're also J rr- KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 11 secondly recommending it come back for public hearing and you're recommending it come back for conditional use. Commissioner Bryson: I feel there's two specific items here. One is the appropriateness of this conditional use. Planning Specialist Loper: That's what I just said. Commissioner Brysons Well I'm addressing the first (several portions of conversation are inaudible due to many people speaking at once and a very loud, over riding chair squeaking) one, I think it is the more important one. I haven't even indicated what I think about the RV park. I may be very supportive of it. Commissioner Church: If we fail to pass the amendment it goes back to Council. Planning specialist Loper: No it doesn't. (several voices all inaudible) Chairman Smalley: They can appeal it. According to Mr. Brighton and .... (several voices inaudible) Chairman Smalley: (reading from Council minutes) 1, Councilwoman Swarner says then do I understand that it does not come back before us like zoning if it has been defeated, no, only if their decision is appealed. (several voices inaudible) Planning Specialist Loper: (reading from code book) Intent, this section governs all public hearings held by the Commission as required, this is not a public hearing. That's all it addresses here is public hearings, I believe that is the only thing that may r be appealed to Council from this. Chairman Smalley: (reading from Council minutes) Councilwoman Bailie, are you saying that anyone who comes before Planning & Zoning may get a negative response to them does not have the right to appeal to Council, City Manager Brighton, yes, they do have that right. Planning " Specialist Loper: This section only deals with public hearings and leads me to believe that (inaudible). Chairman Smalley: (all of these comments are too soft to be heard, however, Mr. Smalley is reading from a document) Commissioner Bryson: I think in addressing the applicability of the appeals, we're advisory in some aspects and have a decision making power in others, and the ones in which we have the decision makingpower can be reviewed, 4i the other ones can be over ruled by off . Council. Commissioner O'Reilly: I agree with Janet because I think we should vote yes or no on the RV park and then if you want them to f bring it up as a conditional use permit, make that a second motion or a second ..... Planning Specialist Lopers It would be a real clean and easy way of doing it. Administrative Assistant Gerstlauer: About appeals, section 14.20.290 (reading from code) "appeals board of adjustment, appeals for decisions for administrative officials and commission shall be heard by the Kenai- City_ -Council .acting as. board of -adjustment"- and -it goes on to list procedures. This is not in connection with the other .. there is a section here on public hearings and appeals Chairman Smalley: So any negative response can be appealed. .r 4 Yt� • lt�t L 7 r f 4. KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 12 Administrative Assistant Gerstlauer: I don't know if this is .. The Council voted by a 5 to 1 vote to approve that. To approve the gravel .. RV park. Chairman Smalley: Yes, I'm aware of that. Administrative Assistant Gerstlauer: They also .... (reading from Council minutes) "we have the question before us to support the concept of the Foster Brothers reclamation and it was a 5 to 1 vote. Commissioner Bryson: But in the same light they're circumventing the public ... Administrative Assistant Gerstlauer: I'm saying that if you vote it down here and they appeal it ... (several voices - inaudible) Chairman Smalley: Ok, we have a motion on the floor and its been seconded, any further discussion. Do we want .. is everybody squared away as to what the motion .... Commissioner O'Reilly: This is the motion .... Chairman Smalley: This is the motion requesting a public hearing to support facts finding finding of facts so on. Which in a sense speaks against ... well no it doesn't either, it just speaking strictly on the conditional use itself. It has nothing to do with the RV. Commissioner Church: That's right. Call the roll. VOTE: Chairman Smalley - yes Commissioner Bryson - yes Commissioner Church - yes Commissioner Nault - yes Commissioner O'Reilly - no Planning Specialist Loper: Can I have that motion in writing please? Chairman Smalley: Can we take 5 minutes so he can write it down. Commission recessed for 10 minutes. Chairman Smalley: The Commission is back in session. I do have a question. Does this in a sense not deal with the specific issue that came before us. Planning Specialist Loper: Yes. And I'm still trying to read through this motion. Commissioner Church: Take all the legalese out of itandit will make sense. Administrative Assistant Gerstlauer: He does not want it to be considered without a public hearing so actually isn't he post- poning action on it until a public hearing can be held. Commissioner Bryson: I think probably a motion on that would be appropriate. Actually if there's been no .... Planning Specialist Loper: In the first--finding-of fact, (reading the motion) "the -- ---- _ .._..---------..- original permit would not have been approved had it contained the Proposed amendment", that tells me -no you don't -want it. - Commissioner Bryson: I'm saying the amendment is inappropriate.„) Planning Specialist Loper: So your intent in the motion is voting it down. Li 1 iy. i - -- - - - t_ _ . -- KENAI PLANNING & 70NING COMMISSION July 13, 1988 Page 13 Comsmissioner Nault: It says in here that the only way you can approve an amendment to a conditional use permit is if the amendment, if the contents of the amendment are something that would have been approved had it contained in the original permit request. Chairman Smalley: And that's what this speaks to because it was not in the original request in any form and it would not have been approved. Commissioner O'Reilly: I have a question, by the Commission voting in favor of that motion, are we, are those people who voted yes, are they saying that they are in ... they would not have voted this in had it been in the initial permit. (several voices - all inaudible) Planning Specialist Loper: How can you say what you would have done three years ago. Chairman Smalley: I can say what I would have done. Commissioner Bryson: That is the only condition that you have to address on denying amendments. You know. I think its appropriate. We do have public testimony ... and we do have the .... Commissioners opinion at the time. Granted half the Commissioners are new. Chairman Smalley: But based on the findings of fact at that time. Commissioner O'Reilly: I don't think its fair for any (change of tape and loss of end of statement) Commissioner Bryson: ... and go back to the findings of fact and see what was found to be the case. And that's the only thing they will decide on. What is the backup information that addressed Commissioner O'Reilly: Who is the they that you are referring to, Planning & Zoning Commission or Council. Commissioner Bryson: Which ever side is contesting the .... Planning Specialist Loper: Contesting, are saying appeal? Commissioner Bryson: I don't know. Planning Specialist Loper: I think it sounds like Margaret and I are still confused about what it is you're trying to say. Commissioner Bryson: We're making a decision, if its contested they will go to findings of fact to determine if .. to support the original motion. I, I, I'm ... to make a decision on the original motion. Planning Specialist Loper: Which would have been the one on the permit three years ago when the permit went through is that what you're referring to. Commissioner Bryson: No, the motion is that the amendment process is not appropriate. Chairman Smalley: The original application did not have an amendment in it specifically stating what the develop of an RV park. When you're talking about making a change, an amendment to a.conditional use.,.-it.suggests-.that--if-it would have been in there and it would have approved, then you can approve it well it wasn't in there and the contention is that at that point .in _time the___ findings of fact would lead us to believe it would not have been approved and if you check the records you'll find it was a unanimous consent opposed to it .. well not opposed to it, it was unanimous opposed to other type of development. They approved unanimously ... it was approved to make residential houses in j ff I KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 14 there. Planning Specialist Loper: Because nothing else was proposed at the time. Chairman Smalley: Nothing else was proposed so he's saying its inappropriate to give this amendment because it is a major deviation. Commissioner O'Reilly: It seems that we can say that there is a major deviation from what was originally proposed, the problem that I have with that is I don't think we can say that it would not have passed as presented. I mean, yes, it is different but can we say it would not have passed. Planning specialist Loper: Right now there are only two Commissioners from the original Commission when this first came through three years ago. That Would be two out of five. Chairman Smalley: I think if -you go back and check the record, if you check the testimony that came in ... Commissioner Church: You mean on the residential requirement? Chairman Smalley: No, Phil and I were the only two that were here. Commissioner Bryson: My comment on that would be ... your vote on the motion indicates your opinion on the motion. And ... you know, if you feel that the wording is inappropriate or incorrect ... perhaps it should be brought up for reconsideration. Commissioner O'Reilly: I have another question, with this motion in hand and passed by the Commission, is it possible to bring up another motion that deals directly with whether or not we should allow the RV park. Commissioner Bryson: You could make another motion over riding this motion and ... Commissioner O'Reilly: Would you have, I just have a technical question, would you have to over ride that motion in order to make a motion to vote on the RV park. Planning Specialist Loper: I would assume so because if I'm understanding Phil right, what he's saying is that he feels the amendment process is not the appropriate process. He's not saying yes or no to the RV park, I think that's what you're getting isn't it? Answer yes. Commissioner Nault: It's not a request for a public hearing is it? Chairman Smalley: Yes it does. Planning Specialist Loper: (reading from the written motion) It says, "it should not be considered without a formal public hearing behind advertised". So he's saying number one its inappropriate to approach it this way and number two he wants a public hearing. Commissioner O'Reilly: For an amendment we can't though. We passed that motion that doesn't say ... Planning Specialist Loper: ... agreeing that ... that's why I kept trying to get clarification on what are you doing. Chairman Smalley: So at this point in time then, based on that motion and request for public hearing, in a sense then its no longer an issue. It would go back to Council for their decision as far as suggest that we bring it to public hearing? Council doesn't -set -public hearings. Planning Specialist Loper: No, --your motion is asking for the public hearing not Council. Chairman Smalley: Ok, then what do the foster Brothers have to take to Council ... by our action here. Planning Specialist Loper: Nothing. You've said its inappropriate the way it was presented and you want a public hearing. Commissioner Church: And didn't You say it should be a conditional use permit application on the _"i KENAI PLANNING & ZONING CONNISSION July 13, 1988 Page 15 RV park itself? Commissioner Bryson: That's the end result of it. They still have a use ... Commissioner Church: And who does this, the Fosters have to make application for a conditional use permit for the RV park, not the Council. Chairman Smalley: For our own protection would we be best off placing another motion. Commissioner Nault: Well that's what I was just going to suggest, that, if we could reconsider this motion and separate these two questions, it might make things a little more clear. Separate the two questions of whether an amendment is an appropriate vehicle for requesting what they want to request and whether, there ought to be a motion suggesting that a conditional use permit is the proper vehicle. Commissioner Church: We're not answering his question. Because he's requesting and amendment. Commissioner O'Reilly: That goes back to the original idea we brought up before he made the motion was brought up as to whether .. during discussion I guess ... Chairman Smalley: The motion indicates the amendment process is inappropriate according to us so I think that would speak specific to his request. Commissioner Church: Ok. The microphone began to squeal at this point - a large part of conversation is lost. Commissioner Nault: I was at a Council meeting a couple weeks ago, it was a meeting or a work session, he was there and he brought up this same notion and I think the loyal opposition were also present and at that point the Council's direction to him was this doesn't belong here take it to Planning & Zoning. Commissioner O'Reilly: And then Council brought it up again. And gave approval. Commissioner Nault: Right, the discussion began with a report on the Economic Development Commission and about having an RV park within the City somewhere and it somehow meandered over to this application. And I don't know was there an application before the Council at the time the discussion meandered in this direction. Commissioner Bryson: No, applications would come before Planning & Zoning Commission rather than Council. Commissioner Nault: So nothing formally was before Council regarding Fosters proposal. Commissioner Bryson: Correct. Commissioner Nault: So discussion just happened to move along in that direction and they ended up voicing their support for the kind of concept they believe he's proposing though he wasn't proposing anything at that point. Commissioner O'Reilly: So is there anybody here that can answer this question about whether we can make a motion saying yes or no to the RV park. Chairman Smalley: You can do that. Commissioner Nault: I think to clean things up what we need to do is .... Chairman -Smalley: The -prior motion doesn't speak towards the RV park it speaks towards the process. Commissioner Nault: but what - are we going to -vote on. -If we've -going to sar his process is -- ( inappropriate then why are we even going to consider it a question if he hasn't put it before us in a way we consider it appropriate. Chairman Smalley: One thing that would be appropriate would be for us to move for a postponement on that decision until Council L . .1 r a fi KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 16 has had a chance to review our recommendation to them. Commissioner O'Reilly: But that's not our recommendation, that's just our opinion on this decision. That's a recommendation to the technicality of whether it should be an amendment or a new conditional use. Commissioner Nault: Right. "MON; Commissioner O'Reilly: I move that the Planning & Zoning Commission • recoamends approval of the amendment to the conditional use permit, Chairman Smalley: Just for the sake of the audience all motions through Planning & Zoning have to be addressed in a positive manner. Is there a second to that motion. Commissioner Nault: I'll second. Chairman Smalley: There's a motion and second to approve the amendment. Discussion. Commissioner O'Reilly: I can say that as an employee of the Kenai Chamber of Commerce I see tourists every single day. I was there when the Chamber of Commerce was taking a survey as to how many people were asking for RV parks and I do believe that it will bring quite a bit of money into the City of Kenai and its not that people are going to be stuck in Beaver Loop because is what happened, the 60 and 65 year old people driving the RV's have come to the Chamber and say, what's there to do in Kenai and also where can I go, where is there a nice RV park where I can hook up. so they're in the City in the heart of the City already and then you can say there's an RV park here on Heaver Loop. And I also feel that, its not the responsibility of the City to build an RV park and here's a person in the private sector who wants to build it, they have the financing available, and I feel that that's the way it should be done. Chairman Smalley: Any other discussion. Commissioner Nault: Year I guess I have some. I guess I feel that we need to separate the concept of a privately developed RV park from the question of whether its an appropriate use in the neighborhood that its in or the neighborhood its proposed for. I think they're two separate questions and I don't think we should necessarily wrap them up in one ball. Chairman Smalley: In a sense then what are you saying. Commissioner Nault: I'm saying that its ... I'm saying that what we need to consider is the appropriateness of that conditional use for that particular neighborhood rather than get all wrapped up in the issue of whether we all support a privately funded RV park some where in Kenai.- Whoever asks first gets -it. x C Chairman Smalley.-- Any other -discussion. - -Comment; Margaret -,-based-- - on what you said, based on some of the testimony that came in fromi earlier tonight from folks that live in that general vicinity, is it in the best interest of the City to allow a use that will .. may bring potential revenue for ... store and shop owners in the E i•: �1 jam'' .-----_�----, i ' w' :r r,... KENAI PLANNING & ZONING COHNISSION July 13, 1988 Page 17 City of Kenai for a short period of time and potentially create a land devaluation for property owners that live out there. Which, what is in the best interest of the City. Commissioner O'Reilly: Is it ... where is it determined exactly that the land will definitely go down in value because of the fact that there's an RV park. It would depend first off on the nature of the RV park, if the Fosters build an RV park which is nice, which is clean, which has grass, the people that want to inhabit these RV parks ask for that kind of thing and I think as a private enterprise you would try to please your customers. So I think if it turned into an RV park which was nice which is what we'd all like, that may not put the value of the property down. Chairman Smalley: In a discussion with a real estate broker just today concerning that specific issue, that is something that can have an effect on property value. People trying to sell real estate in an area that may be affected by an RV park. Because of the increase in traffic, foot traffic, automobile traffic, etc. That particular area being a road that does not have a margin on the side, a two lane road. It will have a negative impact on property value and that came from one real estate broker today. I called specifically because I had contacted ten people that live down in that area and asked them about it. Some of those folks are trying to sell and that's also what they had been told. So I also contacted just one of those real estate agencies, and they said oh yes it definitely will have an affect. . Commissioner O'Reilly: Well everything has an effect. But real estate values are quite relevant. I think that you, I'm not saying that you could find another real estate agent who would say that it was going to increase the value of the property, however, its not set in stone, it makes a difference as to what type of RV park its going to be. Chairman Smalley: I agree with that but perhaps there's, perhaps there's more appropriate land available within the City for such a use than development rather than in a residential zone. Commissioner O'Reilly: But would it be appropriate to have an RV park in, I think a residential zone would be an appropriate place f; for an RV park. Much hooting, laughter and comments from audience. Commissioner Nault: Can I make a comment? Chairman Smalley: One more comment. Commissioner Nault: I just found a more organized way to say what I was trying to say. Conditional uses are supposed -to be (reading -from Code) "similar to -principal -uses permitted in the zone and in harmony with the intent of the zone". The- -intent of -that zone is -to preserve -the -rural- or -good-quality - - of the environment to prevent health hazards in areas not served by public water and sewer. We're supposed to prohibit uses which would violate the residential character of the environment and generate heavy traffic in predominately residential areas. And I L 0-1 i 1 r i KENAI PLANNING & ZONING COMMISSION • July 13, 1988 Page 18 y.. think there are several of these things that people have directly spoken to tonight including that the public health hazard because it is not served by water and sewer and people don't have the facilities they need in that area. In terms of preserving the rural open quality of the environment because its a much heavier , density of development than anything that's out there. Even -" -„ though its only for part of the year its going to increase the population in that area incredibly for a period of time. Which in ' my mind would violate the residential character of the environment you would also generate heavy traffic in a predominately residential area and it would probably contribute to the trespass �. ' problem to these folks who own their property out there. So if that's a more organized way what I was trying to say. ' Chairman Smalley: Any additional comments. Would you please read } s, the motion. Planning Specialist Loper: "move that the Planning & Zoning Commissioner recommends approval of the amendment to the conditional use permit, Chairman Smalley: Question. ' 90T6: Commissioner Bryson - no Commissioner Church - no z'aT:: Commissioner Nault - no Commissioner O'Reilly - yes J Chairman Smalley - no Chairman Smalley: That took a long time. I think is clarified - - ... Commissioner Nault: The only other thing I want to do is clarify to City Council that our intent was to deny it as an amendment and to make it clear to them that the proper vehicle for bringing it back to the Commission is a new conditional use. ', .. Chairman Smalley: Phil's motion should do that. Commissioner O'Reilly: Well the two together should do that. Chairman Smalley: Someone may have to read it to them ... I understand what you're saying. Commissioner Nault: The last issue that I feel like we dealt ,. which this on was the question of the rezoning of that Dena'Ina g Point subdivision and I don't feel like a lot of the things we did --- ". - =- were clearly communicated having gone to the City Council meeting where -they all considered the issue. I want to make it very clear to them that that's what we're doing, we're not expressing an '; ....'. opinion on the RV park yes or no, what we're doing is expressing an opinion that the amendment is not the way to go about it. Chairman Smalley: I think dealing with Phil's motion first and this one second speaks to that. Margaret can tell her mom. Going along. S y.. 1r M r KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 19 b. Lease Application: Tract B. Gusty S/D f6 - James H. Doyle C. Lease Application: Tract_C. Gusty S/D 06 - James H. Doyle TAKEN TOGETHER Administrative Assistant Gerstlauer explained that both leases are for additional parking of trailer vans adjacent to his existing lease. The lease application designates five to ten years, you may want to be more specific, either five or ten. Commissioner Nault asked what was on the lot presently, answer a few trees and trailer vans. Commissioner Nault stated that there La a large scale project going on there, is that just Coral Street? Answer yes. MOTION: Commissioner Bryson moved to approve the leases from James Doyle for Tracts B and C for Gusty S/D M6 for a period of ten years, seconded by Commissioner O'Reilly. VOTE: Motion passed unanimously by roll call vote t, ) d. Leased Lands/Approval of Building: Lots S & 6, Block 4, CIIAP Haliburton Administrative Assistant Gerstlauer explained that this is a request for a simple addition to their building. A representative of Haliburton explained that this is a dry storage shed on the south side of the lot. Commissioner Bryson asked if they were in compliance with their development, answer they have been in business several years, they have a very old lease with the covenant that any construction come before this body. MOTION: Commissioner Bryson moved to approve the proposed amendment of lease for Lots 5 & 6 CIIAP for Haliburton, seconded by Commissioner O'Reilly VOTE: Motion passed unanimously by roll call vote e. Leased Lands/Approval of Building: Inlet Salmon, Inc. Administrative Assistant Gerstlauer explained_ that the drawing is very confusing. In looking at the area with the dock, it is -their plant, however, what you won't find is the area for construction. It appears that perhaps it will be built on to the end of the building, and perhaps not even attached to the building. It is r l KENAI PLANNING & ZONING COMMISSION July 13, 1988 Page 20 going to be used just for storage. This is similar to the other lease. Commissioner Nault noted that the drawing does state the building will be attached. Commissioner Nault asked if it meets all setback requirements, answer it is addressed through the building permit process and it is in an industrial zone. Chairman Smalley asked if we approve this for storage of say, paper products, can it be used for anything else? AnswerfromAdministrative Assistant Gerstlauer, you are really only approving the construction of the building, not what it is used for. you only come into use situations when the uses are changed of the over all lease. MOTIONS Commissioner Bryson moved to approve the requested building modification for the lease to Inlet Salmon, seconded by Church VOTE: Motion passed unanimously by roll call vote. S. PLANNING Chairman Smalley noted that the books are in for the comprehensive plan and we will be setting work sessions in the near future. Chairman Smalley asked if Dana leaves will she be replaced, answer you. 9. REPORTS a. City Council No report - agenda is provided. The Council is meeting this evening regarding RV parks. b Borough Planning Commissioner Bryson reported that there is a special public hearing planned at Nikiski High school next Monday regarding the proposed industrial solid waste disposal near Unocal. Commissioner Bryson will report on Dena'Ina Point Estates zoning question at the next meeting. C. City Administration Administrative Assistant Gerstlauer reported on the cold storage facility - it is still on -going. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 5 ", 4 �! KENAI PLANNING & ZONING COMMISSION Juuly 13, 1988 Page 21 11. INFORMATION ITEMS a. Council Agenda - b. Borough Agenda C. APA Newsletter - d. Article on Real Estate (source unknown) 12. COMMISSION COMMENTS & QUESTIONS Chairman Smalley referenced the letter from the attorney regarding the realty in a residential zone, she will not be returning, answer no. :.. Commissioner Smalley asked for a message to be passed to Council, ' "I specifically am not opposed to RV parks in the City of Kenai, I think that they definitely can be advantageous to the City, there's not doubt about that, the amount of tourism is here. I think they need to take a real careful look and find property that =---- - .- — ,-�--,-; would be better suited within the City for such development and I believe it does exist". 13. ADJOURNMENT { W=;' There being no further business, the meeting was adjourned. \ .. Janet A. Loper Planning specialist r-- GENE BURDEN P.O. BOX 3615 KENAI, ALASKA 99611 September 6, 1988 John Williams Mayor and € Bill Brighton City Manager City of Kenai Kenai, Alaska Subject: FOSTER RV PARK PROPOSAL Dear Mayor Williams and Mr. Brighton: )9-3 The current issue of a RV park in the center of Rural ' .`L Residential property raises several significant issues that the City of Kenai should carefully consider and publicly respond to '= --------_ before sanctioning such a development in this location: } 1. KMC 14.20.080 defines the RR areas and the purposes of such areas. A RV facility in the midst of the Beaver Creek area servicing 100 (or more?) campers is clearly contrary to the _ provisions of the code. 2. The City Attorney has issued an opinion to Mr. Brighton dated 6/30/88 concluding the new use is not permitted under the Land Use Tables and that Non -permitted uses are allowed if the new .. Y. „,-- use is similar to a principal use or if ttie new -use is in harmony - Y with the intent of the zone. He further observes that. a RV park probably is not in harmony with the surrounding area. " 3. The increase in traffic and immediate and potential damage to the areas environment generate a good faith belief of t many of the areas residents that such an operation poses an immediate threat to the area residents enjoyment of their property rights. -- 4. The Fosters' 1984 conditional use permit was modified to °. provide for reclamation use as residential after local residents their dredging - raised concerns about assumption of gravel prior -- ': to their obtaining a conditional use permit. 5. If the RV park is approved in the middle of a RR zone the Zoning Code of the City is of no use to potential residential =" purchasers. Zoning is supposed to protect citizens from _ non-conformi.ng uses within the zoned areas. I assure you that: I - I would not have purchased property in the area had I been aware of Iowa ,.. L L r- Mayor Williams and Mr. Brighton September 6, 1988 Page 2 of 2 the possibility of a RV park in the neighborhood. Will the City support variance for a batch plant on vacant property in one of the other RR zones, or perhaps in one of the Suburban or Urban Residential zones? If not, what will the City use as rationale for rejecting such a proposal from a developer pointing to the Foster RV park as precedent for a variance for such a non -conforming and disruptive use? 6. Barry Thompson has reported to the Council on behalf of the Economic Development Commission the requirements for such a RV facility. Number one was that it be within walking -distance of facilities such as restaraunts, shops, and services. He indicates the Daubenspeck property meets this requirement. Beaver Creek certainly does not: however, if the development is approved what will prevent further conditional use permits to provide these services within the area. On what basis would the City be able to deny a conditional use permit for a restaurant serving up to 100 customers overlooking Beaver Creek? I believe it very important that you carefully consider the impact of further support for the park in the proposed location and that each of the above points be consideredby the Council and responded to before the City takes further action on this issue. The residents of the Beaver Creek area are united and serious in their opposition to the location of this project. The residents of the City of Kenai should also be concerned as to the outcome of the City's position in this matter as it relates to their own properties security from such future non -conforming uses. Would a 100 unit RV park be acceptable to the City if located in the middle of Woodland? or in the middle of VIP estates? In conclusion please do not confuse this issue as one of pro vs. anti -development. in Kenai. The clear language of the municipal zoning codes should be followed throughout the City of Kenai and the Foster development location rejected as it clearly is contrary to the intent of 14.20.080 and most definitely will violate the residential character of the area. cc: City Council Members - Ray Measles Marj O'Reilly Linda Swarner Chris -Monfor Art McComsey Sally Bailie Thank you, G e Burden 1 ' BRIEF OVERVIEW 6 CHRONOLOGY OF FOSTER BROTHER'S DEVELOPMENT BEAVER LOOP ROAD -� Fall 1984 Foster Brothers meet with area residents of Ames _ and Angler regarding their plans to extract the: , „ gravel and at its conclusion convert the property into a recreational lot subdivision similar to Poacher's Cove. After local residents made clear ` their opposition the Fosters' changed their plans s and assured the residents that at the conclusion ' of the gravel excavation that the area would be converted into a development with lake and lots _ i:✓ with homes in the $150-$250,000 range. The areas - - - residents agreed not to contest the conditional use permit on the basis of these promises by the Fosters. Less than 2 years later -(instead of the - --- - 14 years "estimated") the Fosters attempt to convert the use to the RV park. 11/13/84 CLARION reports of Fosters' request of city ,. "conditional use permit" to mine rave on a P 9 30 acre site off South Ames Road. The application was approved and the local residents of the area - "placated" by the Fosters' express promises which - were used to obtain approvals. �.;.. .�. These "promises" (commitments?) included the _ following: 1. Estimated duration before lake - 14 years . ' 2. Upon pit closure trees will be planted around the lake and the property will be sold as residential lots. 12/86 Fosters request city and borough and state to vacate easement. to "restrict public access through `= our properties" and maintain natural drainage "of q our gravel pit." This request failed to give any indication of the plans for developing the area into a boat launch and RV park. The plans to convert the pit into a RV park surface within two years after the conditional use permit for the -- -' =-: gravel excavation was granted based on projections A. of 14 years operation. I 2/4/87 Fosters withdraw petition to Kenni. City Council to ` vacate public section line easement to Beaver Creeks however plan for boat ramp and RV park retained. The grow 's- original application- for vacation of the public right of way failed to - mention their plan to use the property for __a private boat access to the Kenai River through +.. _ f -t ' -- 17- Beaver Creek. 5/87 Fosters requested they convert the Conditional Use Permit from a residential subdivision to one of an RV park. 5/13/87 Kenai Planning and Zoning Commission meeting to review Fosters' proposed RV park in land zoned rural residential. In order for a conditional use permit to be justified according to the city code, such uses must be similar to principal uses permitted in the zone and such uses must be in harmony with the intent of the zone. Commission decides in vote of 5-2 to deny a conditional use permit to put a boat ramp off Anglers Drive to Beaver Creek. Fosters advised a separate conditional use permit required for a RV park. 6/30/88 City Attorney Tim Rogers opinion letter to Bill Brighton in response to questions regarding Conditional Use Permit for the RV park. Question raised in opinion letter: "...whether the original application would have been approved had it contained the provisions for the RV park." Answer by Mr. Rogers: "... (Tlhe property in question is zoned Rural Residential (RR) and under that designation in the Land Use Table, there is no allowance for a recreational vehicle park...(Oln its face, however, a recreational vehicle park is not a permitted use within the Rural Residential zone. One must next look to KMC 14.20.150 (b). (14.20.150 b presented and followed by: "In this case, it would be difficult to argue that an RV park is similar to the principal use of single and double -family homes. It would be difficult to argue that such uses would be in harmony with the intent of the zone as the use of an RV park is clearly a commercial enterprise. Mr. Roger's Conclusion: "Conditional use permits can be amended to allow different uses if the new use is a permitted use. The new use is not permitted under the Land Use Tables. Non -permitted uses are allowed if the new use is similar to a principal use or if the new use is in harmony with the intent of the zone. The new use in this case does not, however, appear to- meet the criteria for a non-permitt-ed--us-e- because an RV park probably is not in harmony with the- surrounding area. Accordingly, -I- would - conclude that amending the conditional use permit T V to allow an RV park is not. permissable." 7/6/88 City Council Meeting. in a report by Barry Thompson reporting activities of the Economic Development Comissi,on the concept of needed RV facilities was presented. Mr. Thompson listed the requirements for such a facility as follows: 1) It needs to be within walking distance of facilities such as restaurants, shops, and services available with the Daubenspeck property the "best place to go". (0.3 miles from downtown Kenai). 21 "One of the critical things with the RV people that we've spoke to was that -they like to be able to arrange for their hookups and then leave it there until the next day. They were not very enthralled with the prospect of having to uproot everything to drive somewhere to get an evening meal. RELEVANT CITY CODS CHAPTER 14.20 KENAI ZONING CODE 14.20.080 Rural Residential Zone (RR Zone): (a) Intent. The RR Zone is intended to provide for low densi.ty residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is: (1) To separate residentiai 5LLUL.L-4LCo •+.• which will: (i] preserve the rural, open quality of the environment; (ii.] prevent health hazards in areas not served by public water and sewer. (2) To prohibit uses which would": (i.) violate the residential character of the environment; (i.i.] generate heavy traffic in predominantly residential areas. 14.20.150 Conditional Uses: (a) Intent. There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions an requirements listed in thi. chapter are met. The allowed conditional uses are listed in the Land Use- Table. Before a conditional use permit may be granted, the procedures specified in the this chapter must be followed. September 2, 1988 RE; City of Kenai I own property at 2528 Beaverloop Road and I have no objections to the Foster brothers putting an RV Park between Ames Road and Angler Drive. I am glad that someone is improving that area. An RV park is - something that we need on Beaverloop Road, and that will be a good location for it. ' - Thank you. Chris Garcia Box 203 Kenai, Alaska < 99611 ti S 3� co 14 I 40-3 9 0affiv 25 10767 J#"% 4#194way anal, c4tada 99611 �Z�2329303/.� t9071 283-7070 a N 2, 1?08 The Council of City of Kenai Board of Adjustment 210 Fidalgo Kenai, Alaska 99611 To The Hoards There has been a proposal by Foster Construction to construct and operate an kV park on Angler Drive in Kenai that has been receiving a great deal of scrutiny. It would appear that this could be a big step in improving the tourist trade in the Kenai area. While some steps have been taken to encourage tourists in this area, it is obvious there is no comparison to the trade in Kenai versus the Soldotna area. f. We have lived on CiechansE:i Road since 1976 and, as you are r' aware, there are now three (Z) RV campgrounds at the end of this road, and the number of tourists utilizing these facilities is astonishing. While the majority of these vehicles do not get to Kenai, it would seem only appropriate that the Kenai City Council would see fit to try to capitalize on some of this trade. I can only f imagine what the additional dollar spent in the City of Kenai could do for the local businesses. 1 fail to ate_ !•,nee re.te 7-:V par{: : _caLud on the F,enai side -------;•--.-.--------..__ of. the river caul- ba anything, but an azzat to tote -Area. -------- _---------* •- - - Y urge Your sr.:;:pc:••+_ truly, 3: -- ! Edon Goecke --- Owner 4 i: L "i io cr, Ij cn I.- L . .1 A fL r-- 71,1 Okla CA- 'd7 Alp I'm AS; A. VC o Va -0(-i•Lf - #* • r P.C. 80>< 303 AUG 1988 891dotm AK OMO "A Famllvowned SUSA ss on the Peninsula W C;rYCLERK .y since IM" y� p� ' TY OF KEMNA1 August 160 1988 City of Kenai ' 210 Fidalgo Kenai, Alaska 99611 Attn: City Clerk This letter is to confirm the telephone conversation with the City Clerk, Janet, to request an appeal to the decision made by the Planning and Zoning Commislon at their meeting dated July 13, 1988. Please let us know what the next course of action will be. ,7 sincerely, 1 LY. "_1 r - ------ --, "1 )PRd po sirk o� �osr�'R vti �Y,r 1 ,� �� � �Y�.r� • �./7jyJtt . ... try' � �e'•,z,d�[,e�•,,•• /�'� v``'-a.. � 6 ,�1 ' . � I '�'. � • i� � s yy��/"/,/�1 G�.�Otiz..k ��IJ�iw.LGd��»/ti� hYG Y. x 3". i r is � a •, it L "Radio 92" KSRM t "ADULTCONTEMPORARY" "MAXIMUM MITE" August 8, 1988 Kenai City Council MN,G'j� Kenai, Alaska 99611 R o�0���..c°G J Dear Council; ��`�r1Z02ro As a property owner in the City of Kenai and as a concerned citizen of our Kenai Peninsula Borough for over 21 years, I would like to urge you to approve the Foster RV Park off Beaverloop Road. In the interest of our local economy it is important that we provide adequate facilities for our visitors. Facilities that will invite these travelers to stay one or several days longer than they planned, just because the facilities make their stay a delightful one. We count our tourism industry as a significant portion of our economy base and for now and the future we must provide the facilities tourists need. The Foster RV Park is an outstanding example of this type of facility. It will provide an answer to a serious problem we have with RV operators and will attract more operators of RV to our area for longer periods of stay. It seems to me that we as a community should applaud the efforts of the Fosters in making this contribution to our community and bend over backwards to assure that they are allowed to develop the area as quickly as possible. I would urge you to approve the park as an asset to the city of Kenai because (1) it would fill a need and answer a problem we have in the greater Kenai area, (2) it would be compatible with the land use of that area for the past many years and (3) it would attract new RV operators and foster longer stays in the Greater Kenai area. VJ��Davis V President, KSRM, Inc. SRN2 BOX 882 • SOLDOTNA, ALASKA 99889 a (907) 283.5811 or (907) 2819430 _ y P13 7 "Ov o V sa, August 5, 1988 John Williams 1n' [ Kenai City Mayor rV Dear Mr Williams I would be in favor of a local RV park in the Seaver loop area. I'm sure with the area concerned being near Cunningham park and the Warren Ames bridge that it would be of benifit to the people who would facilitate these areas. Knowing the Poster's personaly I'm sure the park would be operated and maintained in a safe and clean manner. Not only would an RV park be benificial to tourists but it would be nice for the locals, besides contrib- uting to the local economy here. t Si cerely j Pam Elkins r .tl�ti i Jimmie English 39075 Strawberry Court Kenai, AK 99611 ,�/iio► 4w Z40 1a' Ian efAge,�OPV a44CAJ wM��� 6'i8p910yjr2 �� • � UQ 99�8 � �;, • • •.;rav � . n �� Y OA KENA1 Z� . r- August 8, 1988 John Williams tons Kenai City Mayor dff C3 Dear Mr Williams, I'm writing :you to express my support for the proposed Foster RV park to be located in the Beaver loop area. I have two quick points to forward on it's behalf. As a long-term resident of Alaska and a resident of the city of Kenai for the past several years, I've seen the need for a clean well managed RV park grow with each passing year, First, you must as a resident of Kenai, and as I do, see the growing numbers of RV19 parked in our shopping malls, city parks and empty lots every year. These people are just looking for a nice, secure place to stay. Just think about all the future business Kenai could see from the friends of these present tourists if left with a good impression. Secondly, if you have relatives that drive up to visit you as I have, you must realize it is hard, (almost embarrassing) to have them stay in Soldotna because Kenai doesn't have an RV park located in the city limits, that is anything more than a parking lot. The Beaver loop area seems ideally suited for the type of park planned by the Poster's. I can't imagine a well groomed RV park with a stocked lake and lit spaces would do anything but help the' -city and leave tourists with one more positive impression of our great city. Once again, I urge you to do everything in your power to see this park gets the city's approval immediatly. Sincerely, Veon Kiech Concerned Resident Coe WLljiamJ Brighton Kenai City Manager ,.A r- 1) 2 I' r.1V. y 8/25/88 Wm. J. Brighton cca City Manager "•, 210 da Fdl o St. ` g Kenai, Alaska `----�� Dear Mr. Brighton, I would like to voice my opinion on the controversy surrounding the planned RV Park the Fosters are attempting to put in on Beaver Loop Rd. I've had quite a bit of company from the lower 48 this summer. Some of them parked in my front yard and some of them parked at Centennial Park in Soldotna. I could not answer the questions posed by my company as to why the City of Kenai was so lacking in tourist accomodations. They had told everyone that they were coming to Kenai to fish for the famous King Salmon in the Kenai River, only to find out that you have to go to Soldotna to fish the Kenai River if you want a place to park your RV. The proposed park on Beaver Loop seems only logical,not just very much needed-r The location is ideal and would enhance the esthetic value of the area.'To re- claim an ugly gravel pit and put in a beautiful lake , completely landscaped, would hardly seem something to discourage. The area is almost entirely recreational and commercial already, what with all the river guides working out of property on Angler Drive and all the Bed and Breakfasts operating there not to mention the huge , ugly metal building that the Millers have erected on their property The Rv park, which I understand , is to be very exclusive, with strict rules and regulations of it's own, would greatly complement the existing business al- ready operating there. Excluding of course the metal commercial building, which seems much more out of place in a recreational area than the above described Park. If the people on the City Council and the Planning and Zoning Commission would just take a 5 minute drive to the site , they would be able to see that there has already been a great improvement on Angler Drive , due to the Fosters landscap- ing efforts. Obviously these are not the kind of people to put in a shoddy or low class Park. As for Mr. Smalley, I don't understand how he can even continue to have a vote on this matter. He is so vehemently against this project that it seems his being a resident of Angler Drive would constitute a definite conflict of interest. Being a Realtor in the areaa-I have occassion to come in contact with -a great many people, both local and from out of town as well as out of state. Almost everyone comments -on the- lack of- adequate -tourist facilities- in --the Kenai -area.. The- - people I talk to from Soldotna however, are thrilled with Kenai's "closed door" attitude to tourism. They're more than happy to take all the tourists and their money that we turn away every summer. L r r I fail to see why the "it's alright for us to do business but no one else" attitude of some of the Angler Drive and Ames Rd. residents is so influential on the ,�. Planning and. Zoning Commission. I may be naive, but it would seem to me that if this park is disallowed, then all the other businesses should also be made to shut down. F "f Respectfully, az�� � 4 r a Kathleen Hamby 'A CC: Editor - Peninsula Clarion s August 5, 1988 John Williams Kenai City Mayor Dear Mr Williams 3VIZ s . 9 :"k _.G I am writing to give my recommendation to the Foster RV park that has been proposed off the Beaver loop area in Kenai. I have in the past several years been a resident of Kenai and noticed a need for an RV park locally. This past summer my family had guests up from the states. These people ended up staying in a field next to our home. I know that they would have preferred and enjoyed an RV park like the one planned by the Foeter's. The RV park would be a convenient asset to the tourists, residents and guests of the Kenai area, one that I would highly recommend. Thank you for your consideration. Sincerely Holly Hasting s Box 3324 - - - _ . _ - 5oldotna, AK 99669 cc: William J Brighton Kenai City Manager A` September 30. 1988 RE; The City of Kenai, I live at 2528 Beaverloop Road next to Cunningham Park and I am writing to you in regards to the proposed RV Park by the Foster brothers to be located in the old gravel pit between Ames Road and Angler Drive off. Beaverloop Road. I have no objections to them reclaiming an eye sore and turning it into a money making venture that will hopefully relieve the preasure on the overnight camping at Cunningham Park. Removing a stagnant pool and turning it into a lake is something I would like to see. I am glad that they are going through the proper channels to do this and I think you should give them your beat consideration on this matter. I think that this will be a welcome addition to Beaverloop Rd. Ve ry truly �Y�[o/uurs, -&C,4a5 o Delora Garcia Box 203 Kenai, Alaska 99611 m L �i a August 5, 1988 John Williams Kenai City Mayor Dear Mr Williams I am writing to you in reference to the proposed Foster RV park off of Beaver loop in Kenai. As a 25 year Kenai resident I believe this facility would.be a benifit to our area in many ways. According to the Foster's plane, this park would provide a clean, safe, convenient place for tourists interested in Kenai to enjoy in our city. The planned site on Beaver loop seems like an ideal location for the landscaped park the Fosters have planned. Sincerely, NAV�� Kirsten Kemrf r L 0—/ I I p [tr k� I �x W t� �i f•'1 �1 1, ( 1 ' N � rrl August 309 1988 Bill Brighton Kenai City Council City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Mr. Brighton and Kenai City Council Memberse The Foster brothers, long-time Alaskans and respected citizens of the Kenai area, are devoted to excavating and facilitating an area off Deaver Loop Road along the Kenai River for a recreational vehicle camper park. These men live hare, work here, have their homes and business here, invest their money here and also invest in this area their security for the future. The results of their investment hinge upon _ the sucess of their endeavors. It would not be of any value to them to create an undesirable environment here. They would like to have an opportunity to follow their drearas and apply their skills by investing in their future as would any other resident of the area. The over -crowded Cunningham Park, which is Kenai's nearest tourist attraction on the Kenai River, is very popular during the summer months) however, it does not offer any of the facilities needed for overnight camping, necessitating would-be campers to relocate to a distant place for their S accomodations. The City of Kenai needs accomodations for the large number of tourists looking for a place to river fish, camp and stay during these summer months. Many -of these tourists are searching for a place on the river close to Kenai and since we are not equipped to offer such accomodations to them, they are forced to locate elsewhere. The Beaver Loop area is already involved with tourism such as fish chartering, bed and breakfast and riverbank fishing. With a new, larger facility offering the desperately needed accomodations such as the Foster brothers are proposing, we would offer these tourists and our locals a new in-depth summer entertainment area. As you know, this -area is much -closer-to Kenai---than- any of the other river facilities. The Foster brothers are not considering a river boat access, fi-�3 1 but rather lake and river view, bank fishing, RV parking accomodations and foot trails and paths. This park would relieve some of the over -crowding at Cunningham Park, make a worthwhile investment for the Foster brothers, beautify an area that now resembles a gravel pit and offer a tourist site close enough to Kenai that would encourage the occupants (tourists) to shop in Kenai. With such a facility as the one proposed in the Beaver Loop area, the City of Kenai would fall heir to many more of the dollars spent by the tourists. We, the majority, are constantly being overruled by the few that group to beat the drums loudest. I am certain these few would expect accomodations such as described above if they were the tourist. Yours truly, A-015- Dan Roberts P.O. Box 4174 Kenai, Alaska 99611 DRtcm coo Gary Foster c/o Lynden Motor Freight Kenai, Alaska M! r- Plot, I-t -t/It ate&- 1-4(5w 'goo u alttd �"P el a. alue v- 0 t,Z, - - -6a win en eo Cain tke- va� Aek lvdd,;t -6-e� 14Ao 4---eAxiok y&4taim- act a4a,&��Zdemc LJC- &4 tt kq� At 4 7-1 m r'� f i ,j - ����/ ,,•i=�C.1�-l'� T.•�t-� �OtL.� %r�'�/I'�IGL, I�'/1"�G�,�2�(/1lID�CG9�� - -- -- --- 1 i /'.ceraI r— T - Kenai Planning and Toning Commission PgM-. Marilyn Kay Johnson and Ralph Van Dusseldorp - . - DAI$; September 2. 1988 We own Lot 3. Anglers Acres Subdivision Part 4. Plat N 84-235. We strongly object to the establishment of a R/V park on the Foster property. We have just completed building a retirement home on our lot. which we chose because of the quiet surrounding environment. The proposed R/V park - - - would be two lots away from us and would drastically change the surrounding environment. Boat traffic would increase on this channel of the Kenai river, bank erosion would result, and additional people in the area would cause wildlife to become more scarce. This area is now uniquely quiet. it is far enough away from the main channel of the Kenai so that we do not hear the noise of the river boat traffic. Moose. caribou and coyote as wen as smaller animals and lots of birds frequent the area. Increased activity brought about by a R/V park would change all that. Currently there is little boat traffic in this channel. That would be significantly increased by persons from the R/V park. Retiring to this quiet environment has been a y lifelong dream for us. We urge you not to destroy our dream by allowing the !! establishment of a R/V park nearby. M uy ay J on ' Ralph Van dusseldorp 3823 Lunar - - - - -- - -- =- Anchorage. AK 99304 Anchorage phone: 338-3651 --- --- - -- — Kenai phone: 283-5034 07 r- C-� r; Suggested by: City Council CITY OF KENAI ORDINANCE NO. 1280-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 1.20.020 (a) BY INCLUDING SUPERVISION OF ALL EMPLOYEES OF THE DEPARTMENT OF LAW AND THE CITY CLERK'S OFFICE ^' AMONG THE POWERS AND DUTIES OF THE CITY ADMINISTRATOR. MHERSAS, the Charter of the City of Kenai, Article 2, Section 2-4 .. (6) provides that the City Council may assign additional powers and duties to any office created by the Charter, and WHEREAS, in an effort to reduce the number of employees who are �. } supervised by the City Council, and to provide better efficiency - -- --- --- in City government, the City Council believes that the City Administrator should be supervised by the Council, and all other -' City employees should be supervised, directly or indirectly, by j the City Administrator, and WHEREAS, the Council desires to retain the powers of appointment': and removal of the City Attorney, all other personnel in the -� Department of Law, and all election personnel, including the City " Clerk, as provided by Section 2-4 (S) and 2-5 of the City R Charter. NOW, THEREFORE, 8E IT ORDAINED BY THE COUNCIL OF THE CITY OF j�_•` ter, 11 : KENAI, ALASKA that KMC 1.20.020 is; is hereby amended as follows: Chapter 1.20 CITY ADMININTRATOR Sections: 1.20.010 Creation. 1.20.020 Powers and Duties. 1.20.010 Creation: The City Administrator (Mayor or City Manager, as the case may be) shall be the chief administrative officer of the City. (KC 1-20; Ords. 192, 307) 1.20.020 Bowers and Dutiea: (a) He shall appoint, and may lay off, suspend, demote, and remove all -administrative officers -.- and employees of the City, except the City Attorney and election- . - personnel; -and shall supervise -and -control -all- such - personnel- -- - - - - whom he appoints[•]as well as the City Attorney, the City ri a"u. And Ail personnel in -their respective departme ts. t r 71 PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 1988. JOKN J. WILLIAMS, MAYOR First Readings August 17, 1988 Second Readings September 7, 1988 Effective Dates October 7, 1988 I t — SUBSTITUTE Suggested by: Administration City of Kenai 0RDIWkNCE NO. 1281-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $247,384, IN THE CAPITAL PROJECT FUND ENTITLED "RUNWAY/TAXIWAY OVERLAY". WHEREAS, the City has received a grant allocation from the Federal Aviation Administration in the amount of $337,500 for overlay and marking of taxiways A & B, and WHEREAS, the City's matching share of $22,500 has already been appropriated to the project from Airport Land System monies, and WHEREAS, based upon actual bids, the City expects to receive a grant in the amount of $247,384. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased <decreased> as follows: Runway/Taxiway Overly Increase Estimated Revenues: Federal Grant $247,384 Increase Appropriations: Construction $272,384 Engineering <25,000> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 1988. -' "- JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: August 17, 1988 Second Reading: September 7, 1988 -Effective Date: September 7, 1988 - �1 Approved by Finance: LAW (8/11/88)(9/7/88) .4 J.. s r— r) Suggested by: Administration City of Kenai ORDINANCE NO. 1281-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $337,500, IN THE CAPITAL PROJECT FUND ENTITLED "RUNWAY/TAXIWAY OVERLAY". WHEREAS, the City has received a grant allocation from the Federal Aviation Administration in the amount of $337,500 for overlay and marking of taxiways A 6 B, and WHEREAS, the City's matching share of $22,500 has already been appropriated to the project from Airport Land System monies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Runway/Taxiway Overly Increase Estimated Revenues: Federal Grant $337,500 Increase Appropriations: Construction $337,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: C-a Janet Ructeala, City Clerk First Reading: August 17, 1988 Second Reading: September 7, 1988 Effective Date: September 7, 1988 Approved by Finance: e (8/11/88) { S. AI AI �1 1 t: 4. n, ' 11 r c-jr Suggested by: Mayor of Kenai y RESOLUTION NO. 88-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A NOT-TO-BXCEED AMOUNT OF $85,000 FROM THE KENAI PENINSULA BOROUGH TO BE USED TO EXPAND THE KENAI CITY BOATING FACILITY PARKING/STAGING AREA USING EXCESS SAND FROM THE KENAI LANDFILL AND GIVING THE CITY COUNCIL'$ APPROVAL TO EXTEND THE LANDFILL PERMIT TO DECEMBER 31, 1989 OR UNTIL THE FINAL 80' x 1,000' TRENCH IS FILLED AND ALLOW THE SITE TO BE USED AS A TRANSFER SITE AFTER THE LANDFILL IS CLOSED. WHEREAS, the Kenai landfill permit expires November 30, 1988; and WHEREAS, the Kenai Peninsula Borough needs the City of Kenai's approval for extended use of the landfill; and WHEREAS, an exchange has been proposed between the City of Kenai and the Kenai Peninsula Borough as follows: (1) the City Council will give it's approval to extend the landfill permit from November 30, 1988 to December 31, 1989, or until the final 80 x 1,009' trench is filled, and (2) the Council will give it's approval to continued use of the Kenai landfill as a transfer site upon closure of the landfill; in exchange, the Borough will provide $85,000 to cover the costs of expanding the Kenai Boating Facility parking/staging area using excess sand from the Kenai Landfill. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Sectio i. The City of Kenai accepts a not -to -exceed amount of $85,000 from the Kenai Peninsula Borough to be used to expand the Kenai Boating Facility parking/staging area using excess sand from the Kenai Landfill. Sectlom-. The City Council directs the City Manager to enter into an agreement with the Kenai Peninsual Borough that: A) Gives the City of Kenai it's approval to extend the landfill permit from November 20, 1988 to December 31, 1989, or until the final 80, x 1,000' trench is filled. B) Gives the City of Kenai it's approval to using the Kenai Landfill as a transfer site upon the closure of the landfill. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 1988. ATTEST: Janet Ruotsala, City Clerk L F,, .. I , r �•' Introduced by: Mayor a_ Date: July 19, 1988 (� 0 Hearing: Aug. 16, 1988 Vote: �i Action: KENAI PENINSULA BOROUGH ORDINANCE 88-29 TRANSFERRING $85,000 FROM THE KENAI LANDFILL ACCOUNT AND APPRO- PRIATING THE FUNDS TO A PROJECT ACCOUNT FOR THE CITY OF KENAI TO REMOVE EXCESS SAND FROM THE KENAI LANDFILL. WHEREAS, the Kenai landfill permit expires November 30, 19881 and WHEREAS. the Kenai Peninsula Borough needs the City of Kenai's approval for extended use of the landfills and WHEREAS, an exchange has been proposed between the City of Kenai and the Kenai Peninsula Borough as follows: (1) the City . administration recommend that the City Council extend the land- fill permit from November 30, 1988 to December 31, 1989, or until the final 80' x 1000' trench is filled, and (2) recommend that the Council approve continued use of the Kenai landfill as a transfer site upon closure of the landfills in exchange, the Borough will provide $85,000 to cover the costs of transferring 30,000 cubic yards of sand from the Kenai landfill to the City of Kenai's dock facilitys NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the Mayor is authorized to negotiate an agreement w1th the City of Kenai to remove excess sand from the Kenai landfill at a cost not to exceed $85.000. Section 2. That the Mayor is authorized to negotiate an agreement with the City of Kenai to extend the use of the Kenai landfill until December 31, 1989 or until the new trench is full, whichever is the latest. Section 3. That the Mayor is authorized to transfer $30,600 • from the TCenai Baler Facility capital projects account 411.323020.49999.88632 to General Fund Kenai Landfill account 100.321021.43766, Sand Hauling. Section 4. That the Mayor is authorized to transfer $54,400 from the ICenaf Landfill account number 100.321021.43011, Contract Services to 100.321021.43766 . Sand Hauling. S�co ent to a made from Kenai er - — - - - o �4 I. C.- Kenai Peninsula Borough Ordinance 88-29 16 Page 1 of 2 Pages 4. i i �1 7• }} Introduced by: Mayor C_ Date: July 19, 1988 Hearing: Aug. 16, 1988 Vote: Action: KENAI PENINSULA BOROUGH ORDINANCE 88-29 TRANSFERRING $85,000 FROM THE KENAI LANDFILL ACCOUNT AND APPRO- PRIATING THE FUNDS TO A PROJECT ACCOUNT FOR THE CITY OF KENAI TO REMOVE EXCESS SAND FROM THE KENAI LANDFILL. WHEREAS, the Kenai landfill permit expires November 30, 1988t and WHEREAS. the Kenai Peninsula Borough needs the City of Kenai's approval for extended use of the landfill; and WHEREAS, an exchange has been proposed between the City of Kenai and the Kenai Peninsula Borough as follows: (1) the City administration recommend that the City Council extend the land- fill permit from November 30, 1988 to December 31, 1989, or until the final 80' x 1000' trench is filled, and (2) recommend that the Council approve continued use-o€ the Kenai landfill as a transfer site upon closure of the landfill: in exchange, the Borough will provide $85,000 to cover the costs of transferring 30,000 cubic yards of sand from the Kenai landfill to the City of Kenai's dock facilityt NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the Mayor is authorized to negotiate an agreement w3'tT the City of Kenai to remove excess sand from the Kenai landfill at a cost not to exceed $85,000. Section 2. That the Mayor is authorized to negotiate an agreement with the City of Kenai to extend the use of the Kenai landfill until December 31, 1989 or until the new trench is full, whichever is the latest. Section 3. That the Mayor is authorized to transfer $30,600 from tTie —renai Baler Facility capital projects account 411.323020.49999.88632 to General Fund Kenai Landfill account 100.321021.43766, Sand Hauling. Section 4. That the Mayor is authorized to transfer $54,400 from the Kenai Landfill account number 100.321021.43011, Contract Services, to 100.321021.43766, Sand Hauling. ection-5-: That payment to the City of Kenai be made from Kenai Landfill account number 100.321021.43766. Kenai Peninsula Borough Ordinance 88-29 16 Page 1 of 2 Pages - i �j : Section 6. That this ordinance takes effect immediately upon its enactment, ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF 1988. --_-,-- - onat an W. Sewall,Assembly President Kenai Peninsula Borough Ordinance 88-29 Page 2 of 2 Pages 1 �1 1 I I i ''.•' Suggested By: Legal Department I CITY OF KENAI R880LUTION 88-73 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI FOR TRANSFER OF MONIES TO BE MADE IN THE 1908-89 GENERAL FUND BUDGET. FROM: l Other - Contingency $10,000 ' TO: Legal - Profeasional Services S •9,000 i Legal - Travel 1,000 - This transfer provides for supplementary costs of litigation to be incurred in regard to Western Marine v. City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the seventh day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk - Approved by Finance: C_e94 l9/1/881 f. It , „ m� J. Nelson & CONSULTING ENGINEERS sscd6les STRUCTURAL / CIVIL / PLANNING ` B FIDALC30, SUITE 204 KBNA�yALASK ^ Ita M Ieo7l ee3-3593 i _ c� t•,r: J.. Ar F. PROJECT: August 25, I. -1988 i.•�; r' .�: ; r; F ! L.t `' :1 :' . •'�'it'.r ! �'•,r •, •1 ' •1. 1 t�,'f'.�.:, 1.%..� ••.I. t•:',j;`{ j1.�1. •, -i , �• '.I i:, , - ��•I, �'.�.:j, ,,�•'' � ' i � �: t'.1.: 1' i i'''{; t. r' ..j y�i � `/%. j �...L.w.rr.r.�•..I+.n�.,�.+w+++r!!'t+i Keith Kornelis ' "� I. •, I . 1 I, 1.1. Director of Public Worke '�' ?!'�_'• i :I: r ' a r ' _-----------------. ' .r •.• �rl' ,Y Kj Div - • �. 'a• - 1 '`xity of Kenai,r, ; tI r!; 1; � 4 :r r ; ;•s:;(: , : ,: ; ", a : , ;.::1 ,210 Fidalgo .L,y. l j',, f� }?' .: +' T, *t •� 1:. � 1 = 1 .I11 , • a,: ; C: •' A,9'�Q2 f/ �� 1 �,::: t '�_ ..._ .. _ •f.n•�.,IC t :�;, i xP7�''•i ��t r.f.,i. �/•'1'-1 !'•,j •''f �, rl�r�. I,V d .�, ,•�'•..}!� t•7 ie l,rl�'`I'' Kenai, .Alaska �.=.99611 �f, ,t-�.+'•. f , ,:.•• .,,;,. , ? ; :' s►....:A t •'•'1:., fir. 1,1''I!11': 1't' .f,, ' I r,l... 1 ,.� f•,`.1 . .•, •�,.•.;. .t• '.�..i � (p ,, � •• y !• (: �;i;o ,.• !:•. �. r���•tF'r•,`li�':.::�.,.��:.i••,1. { I .�. �!.�.lrt .G�► ''� � '� l�'.j�l'' 1• I 'rll,;a(4.� 'f,-;Res ` westerp,^iBriAe�v. City of Kenai, Etc. ` .► ; ,',,,, �,• ' 7tdr. ii• "I• }.. '1 1t�•• '•{ .a ia•,�1 r, •i'.: 'ji-' �`�:;•.� e j •.f , .l' 'r'�� °r 1 {� •'��✓ S ti� '•:,,j,, n •,. ��•'� �. I. VI. j.4! 1• I. r''1•• r .•.�A.• r• ,I; •:1' ',. 1 � .;��•�-� f•' 1 •,. M.' (�, �.a �1.. •-'- - - --- r � �il ; l ,,''j - !j?I: ' � : . �'' 1. 1 +'t ,�� .l. {?•It , ,.r,�, ' ., - ,'. :. i n• c•-•. I 1,' '� -99j •.� /' :k'y y w.` t7i i��; ,.��r•t. �i tl �' .'l/ • s}tI :, t l..j r.�� • 4„ 'f r. J: ;'nlr�•y.r •' . j • • • "/.} .'�� t i J.I `J �r • L,JI. ' �'��7.ii'il ,, �. i .. .:E ' ���:�tt.f,r�.�t'•,.1.'�� '}•`�•�4!'I:1, ti.j';'i1f,1'':•/•t1' '•�rj J,.ij..l:.r.'r.;.f.,��••�' .1' v/6..i-�IL.,(�V�.•j' '��,' �:,'t' IRi �. , ,�•�:Nli• 1' n .Li. �•'.i �• 'j ��,� t�i{1P��iirf'�i''1'� a •i ; gD`ear ' Mr. •Kornelis • ' r a:; 1«t� ' , ', • ' " ; ' ; : ,. 2 , /. 1� • t # ►40 'have .received your August 190 1988 letter- requesting our i��a�r,► .Yservices in providing an analysis of the pleadings by Western ki *!,Marine. and ..the City of Kenai.. A.1 ' JAs " I: would like to provide the City with the . requested services ' and ;1• i,;have prepared a project budget „for•. your review. •;I am not aware ;4• ,;! !'tit°that I . have a vested interest in the project as you indicated .� in your letter. The rate schedule 1.. •:l,�'ty+ proposed for our work is ,our I Sr'xwl,�. standard fee schedule which we are currently using on the • j �' ` "1: "!i!•Cohoe/Coral project and represents a reduction from the, rate � i.schedule used for the design and inspection of the boating .,•�t'�facilit t. 9 P 9 I ,„ropose the following budget '� �11t1( ;x�{t�1y t�t,:.1. 1.'-.1. � i i;. (. •' 1 . , . ' , • , a , � I � .," , � ? ' � ; s •' =s3 Engineer *,`:_%, �' --24 hrs.•-at•'$67.50/hr.' `�; $1;6f20.00,t J,��(''b4f( >jryG}4!ILj�.��.•.�.,*; A, .� .. .' •�j,;.'!•j.'1:..{ .. r� '!`. .!, 'r �' e' ,': ? '' .1. .•, If'•i1,�L � ;;;,Engineer/Tech. 24 hrs. .at !$40.00/hr. 1 �960.00 ;1 ?;Clerical ! 8 hrs. at $27.00/hr. Y-216.00, ''y 'A ' S�ii1�1`'#:r.;�j 1• i' .'iW'.t'�! .r 1 ' $2,796.00 r't.• if + b :,,',, �•..' /"Sincerely, ., �.. -- - - ---- - - -= j SON & CIATES • •��'�:�•� ��'-;; �+�' WK.- J. NELSON ASSOCIATES . J. Nelson, PE ;i �i r t r i' f-. f` f J • 1I r— r 7� o i — - — STANDARD AGRFEMENT spit _ FOR I-XI•IICIPAL GRl."T5 This agreement is executed between the State of Alaska, Department of Adninistration (Hereinafter called the "State"), and The City of Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terns of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds Were: appropriated. Whereas, the State has the authority to enter into this agreement y AS 37.05.346,15; I-fAereas, funding for this grant lapses on lapse Ga.e: X upon completion of the project; Whereas, the grant #r 8/89-706 of $70,000 is for the purpose of area wide street improvements iplease provide further explanation and details in the space provided); This grant is for road improvements for existing traveled transportation routes throughout the City -and for new roads to open up new commercial, residential, and industrial zoned areas. Improvements could include, but are not limited to, water, sewer, street lighting, sidewalks, storm drainage, curbs and gutters, seeding, landscaping, traffic control markings, signing, paving, parking areas, and other miscellaneous items. The general area for improvements would be within the City limits of the City of Kenai. Page I of 4 r" Suggested by: Administration CITY OF KENAI RESOLUTION NO. 88-75 -j A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING STATE OF ALASKA GRANT NO. 4/89-706 IN THE AMOUNT OF $562,100 FOR WATER -- --- AND SEWER IMPROVEMENTS. WHEREAS, the State.of Alaska has offered the City of Kenai a grant in the amount of $562,100 for water and sewer improvements, and WHEREAS, the State requires that the Kenai City Council accept the 1 , grant by ordinance or resolution. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City accept the State of Alaska Grant No. 4/89-706 in the amount of $562,100. ` PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of September, 1988. JOHN J. WILLIAMS, MAYOR � Janet Ruoteala, City Clerk (9/2/88) . jal c-6 r r{ Y. _ 9 s' k-, STANDARD F.GRIaEiIE."^ FORM FOR I✓UxzCIPAL UAI,= This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State"), and The City of Kenai (Hereinafter called the "Grantee"), WITNESSETH that:.. Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas, funding for this grant lapses on lapse date X upon completion of the project; Whereas, the grant # 4/89-706 of $562,100 is for the purpose of drinking water improvement project (please provide further explanation and details in the space provided); This grant is for water and sewer improvement projects for existing and/or new water and sewer systems throughout the City of Kenai. Improvements could include, but are not limited to, water or sewer line extensions, water or sewer line upgrading or replacement, drinking water quality or quantity improvements, and other miscellaneous items related to the City of Kenai's water and sewer utilities. The general area for the improvements would be within the City limits of the City of Kenai. Page 1 of 4 �I a Suggested by: Administration RESOLUTION NO. 88-76 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING - THE BID FOR THE PROJECT ENTITLED "KENAI MUNICIPAL AIRPORT 1988 IMPROVEMENTS, PHASE I ASPHALT OVERLAY, TAXIWAY A & B" TO HARLEY_ S TRUCKING, FOR THE TOTAL DID AMOUNT OF $250,450,50. WHEREAS, the City of Kenai received bids from the following firms - on September 7, 1988: FIRMS BID PRICE - -- - -- Harley's Trucking $250, 450.50 Quality Asphalt Paving $276,435.00 -°-. -, Engineer's Estimate $283,900.00 WHEREAS, this Bid includes an asphalt overlay on taxiways A and B . with light adjustments and pavement markings, and WHEREAS, the Council of the City of Kenai and the Public Works " Department and the Airport Manager feel that it is in the best interest of the City of Kenai to award this project to Hariev's Trucking, and ° WHEREAS, sufficient funds are appropriated, and WHEREAS, this award is subject to FAA approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Airport 1988 Improvements, Phase ' I Asphalt Overlay, Taxiways A & B project be awarded to Harley_ s Trucking for the total bid amount of $250.450.50. ,v PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAKSA, this 7th day of September, 1988. -�i Suggested by: Administration RESOLUTION NO. 88-76 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR THE PROJECT ENTITLED "KENAI MUNICIPAL AIRPORT 1988 IMPROVEMENTS, PHASE I ASPHALT OVERLAY, TAXIWAY A rt B" TO FOR THE TOTAL BID AMOUNT OF S . WHEREAS, the City of Kenai received bids from the following firms on September 7, 1988: FIRM 010 PRICE Engineer's Estimate i WHEREAS, this Bid includes an asphalt overlay on taxiways A and B with light adjustments and pavement markings, and WHEREAS, the Council of the City of Kenai and the Public Works Department feel that it is in the best interest of the City of Kenai to award this project to and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Airport 1988 Improvements, Phase I Asphalt Overlay, Taxiways A & B project be awarded to for the total bid amount of S PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALAKSA, this 7th day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: Written by Public Works.. ' f i L �11 - { Iowa $' Suggested by: Public Works s�. CITY OF KENAI ;i RESOLUTION NO. 88-78 ----,-� A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRAHSFERS OF MONIES BE MADE IN THE 1988-89 WATER AND SEWER --.-.-..- --- -- -`: FUND BUDGET: From: Sewer Treatment Repair and j Maintenance Supplies $<23,000> To: Sewer Treatment - Buildings $ 8,000 Sewer Treatment - Improvements - Other than Buildings $15,000 These amounts were originally appropriated from Federal Revenue Sharing Funds for purchase of supplies to build a storage building ($8,000) and a vector dump site ($15,000). The City now intends to contract substantial portions of these projects, rather than purchase supplies and construct them totally in-house. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of September, 1988. Suggested by: Administration RESOLUTION NO. 88-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING A CAPITAL IMPROVEMENT GRANT OF $950,000 THROUGH THE GOVERNOR'S BUDGET FOR THE PURPOSE OF MATCHING A $950,000 GRANT FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION OF THE FEDERAL GOVERNMENT. WHEREAS, the State of Alaska has expressed serious concern about making CiP funding go as far possible primarily by using those funds as match money which in effect doubles existing State dollars, and WHEREAS, the State of Alaska along with the communities in Alaska „ have embarked upon major economic development projects to enhance _ the infrastructure within the State and provide value added on Alaska's natural resources, and WHEREAS, the City of Kenai is undertaking a major development of _._ an industrial park in the mouth of the Kenai River to provide an area and facilities that will permit added value to the renewable ' fish resource in the State of Alaska as opposed to having that - added value provided in other areas of the United States, and WHEREAS, it will add to the tax base, employment and general economic welfare of the area of the central Kenai Peninsula, and WHEREAS, this is the type of project the Governor is urging and _ f supporting through the Department of Commerce and Economic Development Commission of the State of Alaska, and WHEREAS, the City of Kenai, Alaska is willing to contribute both financially and in kind services in order to enhance the economic s viability of the area, and WHEREAS, an industrial park, devoted to the fishing industry by diversifying fish processing in the State of Alaska will ultimately benefit the entire State as well as the local economy i of the central Kenai Peninsula area. ti- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF -- --�- KENAI, ALASKA that it requests A capital improvement grant of $950,000 through the Governor's budget for the purpose of - -----'- - - ,' - -matching--a $950,000 grant from the Economic Development - Administration of the federal government. O 'l i p. } L PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of September, 1988. 1 JOHN J. WILLIAMS, MAYOR i ATTEST: Janet Ruotsala, City Clerk j .y •,7 'S 12 fi .. : r fs �. z is - J1� . l KENAI AIRPORT COMMISSION P-PECIAL MEETING August 20. 1988, 8:30 am D's Restaurant Tom Irwin, Chairman 1. ROLL CALL Attending: Chairman: Tom Irwin Brian Schackleton Frank Stevison Bob Summers Bill Toppa Airport Manager Randy Ernst Excused: Josh Knopper Council Representative:Marj O'Reilly 2. PERSONS PRESENT SCHEDULED TO BE HEARD Airport Manager: Randy Ernst 3. APPROVAL OF AGENDA Agenda was approved as read. 4. APPROVAL OF MINUTES OF June 18,1988 meeting. Minutes were approved as read. S. DIRECTORS REPORT No directors report. 6. OLD BUSINESS a. Update on Float Plane Basin. Airport Manager Randy Ernst gave an update on where the i Float Plane Basin project is. Thirty five parking slips and 1 tie downs, plus the ramp with the drainage ditches,roads,and culverts -should-be -done and the -turn -over date -is October t L 7 J r-- - Page 2 KENAI AIRPORT COMMISSION Special Meeting, August 20, 1968 8:30 am Mr. D's Restaurant, Tom Irwin,Chairman I b. Update on Airport Taxiway Overlay. Randy Ernst stated they have tenative approval for the $337,000.00 from the FAA to complete this project. It is now out to bid and -will be awarded -September 7, with work being started by the middle of September or by October first. c. Update on Terminal Renovation. Commissioners discussed the need for the Terminal Renovation to be done in the winter instead of the summer months. The FAA has totally moved out of the Airport and Mr. Ernst said they are going ahead with the renovation and he would keep the Airport Commission informed . Chairman Tom Irwin asked if the Navy had ever been in town? Mr. Ernst said a team of three had come here and he had met with them to take them on a ground tour of the airport. This team of three civilians reviews an area for the Navy and puts together an objective report. He feels they were very impressed with what Kenai had to offer and the area in general. 7. NEW BUSINESS a. It was discussed by all Commissioners present the need to identify Cargo Companies that are looking for airport facilities in Alaska such as Federal Express. Chairman Tom Irwin felt there were a number of small freight companies operating in Alaska and possibly the Kenai Airport Commission should look to getting some of this business. Suggestions were made to contact UPS,DHL, and other companies. Commissioner Bill Toppa made a motion to draft a letter to be sent to all air freight companies with -the intention of exploring what their needs were. This was seconded by Commissioner _Frank Stevision, and all were in favor. 2 L C' Page 3 + KFY'--' I AIRPORT COMMISSION SF—IAL MEETING, AUGUST 20, 1988 8:30 am Mr. D's Restaurant, Tom Irwin,Chairman Chairman Tom Irwin will get with the Kenai City Clerk and draft a letter on Monday. Frank Stevison also suggested Kenai contact those carriers that are in Anchorage.Even though they are based there, - possibly they would be interested in expanding within the state. All commissioners present discussed when the next meeting should be held and it was decided to keep the meetings at the second Thursday of each month as originally scheduled. i Mayor John Williams will be asked to attend the next Airport meeting to give some input on what was expected of this --- _ -- Commission . All members also felt the Airport Commission members should meet with the EDC Commission to exchange _ ideas and suggestions.This will be arranged and they will be notified. a Meeting adjourned at 9:50 am. u N G. Donald for the City df Kenai,Airport Commission ervics Ltd. s 8.•22-88 L KENAI PLANNING & ZONING COMMISSION August 24, 1988 - 7:00 P.M. '+ Kenai Senior Citizen Center Hal Smalley, Chairman 1. ROLL CALL Present: Smalley, Brown, Bryson, O'Reilly Absent: Nault (excused) Church (unexcused) Also Present: Councilman Measles 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD - -- - None 4. PUBLIC HEARINGS n. Conditional use Permit: Bed & Breakfast and Guide Service - - .' Lot 1, Caro SID --Ken & Elizabeth Smith Planning Specialist Loper introduced the item with comments from the staff comment sheet. Terry Mattison of Freedom Realty, representative of the Smiths, presented additional material including photographs and an as -built survey of the lot. The material supported parking and h screening questions. Mrs. Mattison further informed the Commission that clients would be picked up at the airport and transported to the house, there Y would be no individual traffic. ` Chairman Smalley: Regarding the boats in the pictures, who do '3 they belong to. Answer from Mrs. Mattison, they belong to the Smiths and are guide boats. k Chairman Smalley: Regarding the corner property, I understand • • •• • ,• ,-v,•,,,,,, that Mr. Smith is going to have some sort of device that will lift q the boats in and out of the river. Answer from Mrs. Mattison, it a. will be on the left side of the property where it is out of view from any property. Mr. Smith has talked to the Corps of Engineers ------ -- -.— ------ who stated that there would be no problem and .no_ need for a permit. Chairman Smalley asked if it would require clearing, answer no. - Chairman Smalley: You mentioned that there would be very few at any one time (clients). Answer from Mrs. Mattison, three bedrooms - i Li e i r- 1 t; S i-r PLANNING & ZONING COMMISSION August 24, 1988 Page 2 are going to be used for the guests and three for the family. So there would be about 3 to 5 fishermen. Commissioner O'Reilly: The letter (from Mr. Smith) states 9 to 12. Commissioner Bryson: It doesn't state if it's for a year or at one time. Commissioner Bryson: How many bedrooms are planned for the guests, answer three. How many total? Answer from Mrs. Mattison: there are four bedrooms now. Commissioner O'Reilly: The floor plans shows five. Chairman Smalley: There is a "B" on the floor plea:. is that another bedroom? Answer from Mrs. Mattison: The guests will be downstairs and the family upstairs. There is a family room downstairs. Commissioner O'Reilly: And the "B" in the corner. Answer it is a laundry room and stairway going down with a solarium. It is all open spice. Chairman Smalley: How many businesses on Angler and Ames are operating with current City licenses. Answer from Planning Specialist Loper: I've gotten about half way through the list and there are 6 that are located. They are listed to charter, guide services, and a lodge. Chairman Smalley: Did they ever request anything from the City before establishing the business? Answer no. Commissioner O'Reilly: Are those the same businesses that are referred to here in the staff report? Answer no. Commissioner Bryson: I believe Nick Miller came and got a home occupation some time ago. Planning Specialist Loper: I have checked and have not been able to find anything. Nick Miller: I know, I was on Planning & Zoning when I got it. You were in the airport, in the city managers office, and it was back in, well I've been doing business since the 1970's and I got the permit about 1980 and that was because that's when they started going around and asking people, they were getting aware of zoning and what not and asking people would you please get permits to do this if you're going to continue doing it, at that time I went in and did it, I'd been doing it for a long time before then and I did get one. Planning Specialist Loper: In going back as far as I can go with our current records which is about 1980, there is nothing on the record. Mr. Miller: Like I said, I was doing business since about 1970 and ::t was sometime after that. Planning Specialist Loper: Do you have a copy of it? Answer from Mr. Miller, a business license? Answer no, the permit. Mr. Miller: No I sure don't. Commissioner Bryson: I know for a fact he did. Planning Specialist Loper: I'm not questioning that, I'm saying I can't find a record. Chairman. Smalley: Regarding the picture of -the -warehouse, -I believe that is your ... its going to be your garage because I believe you. are going to be building _a reeUlence-nd_that. is -going to be where your garage is going to be. So the term warehouse is a mis-used term. (71 r- PLANNING & ZONING COMMISSION August 24, 1980 Page 3 j Chairman Smalley called for comments from the audience. Mr. Miller asked to view the pictures prior to comments. Mike Pelch: Whoever wrote this letter to you people (referring to letter from Mr. McKechnie) is very appropriate. I couldn't hear very well, but it appears that some of you are in favor of turning Beaver Creek into a commercial zone. Is it your intention to turn Beaver Creek into a commercial zone. Commissioner Bryson: I don't think anyone on the Commission said that. Chairman Smalley: We were speaking to the application that has come to us. Mr. Pelch: You _refer to other guide services and bed 6 breakfasts and I know, living right there myself, I know a lot of people are getting unhappy about the situation. I've lived on Beaver Creek longer than any body. Commissioner Brown: Do you live on Ames? Answer no. Chairman Smalley: He owns property on both sides of Ames, down Beaver Loop and Angler. About 160 acres. Nick Miller: I own two parcels on South Ames Road and I control another, parcel, the one you got the letter from, from McKechnie, he is attending school in Fairbanks and working as an engineer up there so we're renting the house for him. One of the things he didn't write in his letter, the lease that we have them fill out and sign when they lease the house, is that they do not operate a guide service, they do not allow a guide service to operate on their property. My property is right next to that and right next to the Green (new owners Smith) property which is where I lived quite a few years ago. I never allowed any one to tie up or use my creek front either. Gong through these pictures, the one with the log cabin, those people live here full time and work here so they aren't recreational. The other one is up the road and they are from Anchorage, that's the trailer house. The other one is the McKechnie 3.5 acres which is Phil Ames old house, which eventually is going to get burned and a nice house is going to get built. I'm the one that owns the warehouse in the pictures next to the Smith property. I work for a company here as a truck driver. I like to work on boats and fool around with metal, that's my hobby, there's no signs there. it is a business because I do have a business license. I don't intend to keep the business license forever once I get my shop done and get my house built on the creek, I don't care. Qn the businesses in the area, the only business on that road is me. The six businesses are all on Angler Drive and does not connect with Ames. That was a subdivision that got in over a lot of protest because it was supposed to be recreational -on yr-no - �; sewer system, and just to be people going down there to have cabins and fish. Most of the people that own land there don't live here. So on Ames, the only one that does have a business, J 5. f. i ji PLANNING & ZONING COMMISSION August 24, 1986 Page 4 I'm the guilty one as of now. Things keep going thg way they're going I'll be happy to tear up my permit and throw my business license away to preserve it. On the photo of the adjoining property of the screening trees, if you look they are only 28' from the corner of my property behind the swimming pool. I intend to build right here. I don't want anybody doing what they intend to do here right next to me. if it was an individual owner and lived there year round and the guy had one boat with one guide, wanted to rent out a room for a bed and breakfast I wouldn't have an objection. This isn't the case, this is an out of state company that does business in Alaska three months of the year. I think they will have enough use on -that road to impact it. We talked to DEC and they did have some questions about how they were going to get boats out of the creek without disturbing the natural vegetation. There are some trees down there, they would have to do some clearing. I do have that business down there but most of the stuff I do is either people call me on the phone or stop by, I've got neighbors that have two or three teenagers that generate ten times the traffic my building generates. I don't solicit business, but I do get it and I keep it as non -business looking. There is a boat in front of it. I don't keep junk or store things there. Under the circumstances, if they want to run this, they may be real nice people, I don't know I never met them. They went by there two or three times when I was there and kept right on going. 07 Commissioner Brown: Is your opposition to it because of the increased traffic down Ames or because of the increased traffic up Beaver Creek. Mr. Miller: I would say both reasons. Primarily because Angler Drive is on the lowland. We are 20 to 30 feet above that. Most people coming up the creek are stopping at Angler Drive. Mr. Miller presented a topo map of the area. Mr. Miller stated that the rear portion of Ames Road have homes in excess of $50,000 and are not recreational. Many persons on this side dock their boats. Mr. Miller referred to the Ames Road Project which the City undertook to build the road we had to have this surveyed ourselves, get all the property owners to sign a release so the City could have the ROW to build the road and we also paid to get the gas line extended to the end. Commissioner Brown asked for Mr. Miller's property description and asked if Mr. Miller used the creek for boat use, answer no. Chairman Smalley called -for -further comments.-- - - Carol Ambarian: I lived in the house you are talking about for eight years. I own the property next door and I've owned that for 16 years. All the time I was living in that house I was thinking J I PLANNING & ZONING COMMISSION August 24, 1988 Page 5 l what a great lodge this would make. It is so perfect with a view, right on the creek, and the size. I agree that that is the way the area seems to be going. I don't understand why these people are the only ones that have ever applied for a permit when there are so many other of the same type of concerns running. Perhaps if they had just kept quiet then no one would have known its there, but they were honest. I am in favor of it because I can see it will increase the value of my property. Chairman Smalley: However, at this point in time that would be the only bed and breakfast on that road. The rest of them do exist off Anglers. Commissioner O'Reillys The bed and breakfasts that exist off Angler though are they in agreement with the code, are they registered with the City. Chairmad-Smalrey: I think they -are being operated but under the table. Commissioner O'Reilly: Well what happens if they are operating and not under the code. Chairman Smalley: I believe that is being worked on. I believe DEC is looking into some of those businesses. Chairman Smalley called for any further comments from the public. Nathan gaily: I live next door to the house and the only thing I see that doesn't seem as simple as it looks is how they are going (T , to get boats in and out. They say they are going to get them up from the left side of the house. That's between their house and my house and they couldn't possibly do that without disrupting my life. Carol Ambarian: Except that I own the house. That is my cabin. I have two parcels that border this house. L Terry Mattison: Ken and Elizabeth have been looking for property since last summer. I know these people and they are not going to have parties out on the deck. The customers that they bring in are professional people that come up every year to fish. They have an excellent clientele. Ken and Elizabeth have two permanent residences, one in Idaho. Many people do this. They run a guide service there also. This is not just a business, they will be living here with their children. They don't plan to disturb the terrain, they have had the Corps of Engineers come down, go over the embankment, discuss what their plans are and the Corps feels there is no way the operations are going to hurt the vegetation or disturb the creek. They are going to put a floating dock in, and they certainly don't want it disturbed either because that is part of the beauty of the spot. Several times when we were there boats were going up and down the river and they certainly weren't going slowly. 7 Commissioner O'Reilly:- Where_ have these people been keeping their guests up to this time. Answer; at the Riverside Inn and a bed - - and breakfast in Soldtona. Commissioner O'Reilly: Where was their guide service being operated. Answer; from Sunshine Sports. - - - -- - - - - - L PLANNING 6 ZONING COMMISSION !" August 24, 1988 - _ ti. Page 7 (� Planning Specialist Loper: yes they are allowed. Chairman si.,. Smalley: It sounds like this particular business wouldn't be out necessarily advertising because they would be dealing with clients that they deal with from another state. The other concern I have is the limitation of a business not to exceed 30% of floor space. Planning Specialist Loper: That pertains to home occupations - only. Mike Pelch discussed long range planning and setting aside river front property for commercial enterprises. Commissioner Brown: I - - i believe this was similar to a request we had last week from a private party. Commissioner Bryson: You would propose --, -`--- - --,- -- philosophically that we identify -an E4rea that is private property .: and rezone its Answer yes, you could do that as the need is 'i J there. Chairman Smalley: it appears that that area is headed for potentially commercial zoning. Living out there on North Ames and knowing the residents, that's not a fair statement for the Ames "- - Road. Anglers Drive yes. There would be an impact on this end, the traffic on Ames and the traffic on the river as well as the erosion. Planning Specialist Loper: in discussing a trip to the property, Irene and Herman Fandel have offered their establishment for viewing by the Commission. Chairman Smalley: That is a nice facility but they have not been satisfying the neighborhood. Tanni Miller: Nor do they have a creek that would be impacted. The situation is different in that there are curbs and gutters, paved streets and lots of parking for equipment. MOTION: Commissioner Bryson moved to postpone this until the next regularly scheduled meeting, September 14th, seconded by Commissioner O'Reilly. VOTE: Motion passed unanimously Chairman Srgalley: I would encourage the Commission to visit the site and view the bank as well. Terry Mattison: The state sent us a letter saying that for what Ken and Elizabeth are planning on doing no permits are necessary. Chairman Smalley asked for a copy of the letter, it will be available at the next meeting. S. PLANNING -The Commission will have.a work session at the next meeting, September 14th for work on the Comprehensive Plan. The work ` session will begin at 6:00 P.M. is �..; L r- ... ai f (j ?s i i Y: • r' PLANNING & ZONING COMMISSION August 24, 1988 Page 8 9. REPORTS a. City Council Councilman Measles reported that he had been out of state, however the agenda is provided. b Borough Planning Commissioner Bryson reported that Gusty S/D was granted administrative approval. There was a protest to the Borough concerning a drilling operation by Borealis Resources in Clam Gulch. The status of the land is residential. Clearing has been undertaken and establishment of the drill site. The person protesting the activity asked for some invocation of the Borough noxious, injurious, hazardous use ordinance. There will be a public hearing for any interested person in September. This was an old lease that had been picked up for exploration. The most concern is noise. Chairman Smalley: And the use of the water out of the creek, about 25,000 gallons per day. C. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda c. Letters from Public Supporting Foster RV Park Chairman Smalley: Concerning item c-11. I believe these letters came in to Mr. Brighton and then on to us. A comment to Janet earlier on the phone, of the six letters four of the people live in Soldotna, five of them were written on the same typewriter and I believe the people that wrote them are all employed by the same company which is somehow a relationship of the Fosters, I think they are employees. I told Janet I really didn't have any problem with people telling us what's in our best interest but I had a real difficult time with Soldtona telling us what's in our best interest. 12. COMMISSION COMMENTS & QUESTIONS Commissioner Browns Is there an open seat on the Commission? Answer yes. We are still holding on Gloria's seat so there is 11 n C, 011011 VM PLANNING 6 ZONING COMMISSION i August 24, 1988 Page 9 one. Commissioner Brown: Would it be appropriate to make a recommendation? Planning Specialist Loper explained the procedure and encouraged any interested persons. 13. ADJOURNMENT There being no further business, the meeting was adjourned at ,. 8:10 P.M. Janet A. Loper, Planning Specialist Secretary to the Commission k S li. ROAD IMPROVEMENTS TASK FORCE AUGUST 18, 1988 PAGE 3 a corner lot and it is paved on both sides, it is more desirable. Mr. Quellette: It does not increase the value to the cost of the assessments. Mr. Baldwin: We should develop the direction of the Task Force: a) water & sewer improvements, b) ordinance or Charter amendment, c) mix between assessments and grant. How are we going to make these decisions? We could designate a meeting for each issue. Should we set a deadline? The Task Force agreed to schedule Thursday meetings, but.at each meeting they would decide if there would be a meeting the following week. Mr. Wagoner suggested a list of specifics from Council as to what they want us to do. Mr. Sandahl: We should not meet till we get direction. Mr. Brighton reviewed the minutes of the Aug. 3 Council meeting. He noted the Council does not want to call it Capital Improvements, but road paving only. MOTION: Mr. Baldwin moved, seconded by Mr. Quesnel, to request Council specify definite goals for this body before we take on any task. Motion passed by unanimous consent. Mr. Brighton: He is here with Clerk Ruotsala and Public Works Director Kornelis to give information, not influence. The Council has already established policy, they will not pave roads that do not have water & sewer, with the exception of where water & sewer will not be done for many years. Mr. Quellette: Council is giving this to the Task Force, they were not elected. Mr. Sandahl: Is paving more important than other projects? Or is this developing because of political pressure? Mr. Brighton: The City has had public opinion polls for many years, road paving is the $ 1 priority. Public Works Director Kornelis: We have $2 Million+ designated for roads. No matter how we finance, we pay the contractor when he does the job and it may be 20 years before we get it back. We have to turn it back if--it's-not used in-5 years. - -Mr. Brighton: $700,000 must be committed by Oct. 1989. There are some gravel _roads with more traffic than others. Council will identify those first. - Chairman Lyse suggested the first discussion should be what kind of streets are going to be paved. C KENAI CITY COUNCIL - REGULAR MEETING ( I PARTIAL TRANSLATION - MINUTES AUGUST 3, 1968 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING H-8 ADDED ITEM - Task Force for Capital Improvement Projects, Procedures for Payment Councilwoman Sailie. It was suggested by Councilman Measles to have an initiative on the October ballot to vote on the process for regulating procedures for cacital improvement projects. Clerk Ruotsala said the - ballot proposition must be in and approved by Council by August 17. The instructions must be specific I regarding functions. We need as much support as possible from Administration, including a secretary, attendance at meetings by City Manager Brighton & I Public Works Director Kornelis, and a record of prior action by the City. She suggested: Duane Ouellette - Eagle Rock Dale Sandahl - Thompson Park S/D Don St. John - VIP S/D Frank Getty - Candlelight Area Leon Quesnel - Woodland S/D Colleen Ward, Flo Mccollum, Rick Baldwin - McCollum Area She asked that they all be contacted to see if they are willing. Ron Malston is willing to serve, but will not be back till Aug. 17. She suggested Councilman Measles as Ad Hoc member. Councilwoman O'Reilly asked, what will they come up with and will there be enough time? Council agreed to schedule the election to coincide with the Nov. 8 State and Federal election. MOTION: Councilwoman Swarner moved, seconded by Councilwoman Bailie, to go ahead with the task force. Councilwoman Monfor said it should be developed without loaded questions and be a cross section. Councilwoman Bailie said this will come up again, it needs to be settled once and for all so Council will not be faced witn tn3.S again. T[itl VvuUH.L%.�cv --WIA.bY vvuw .-Jr ----- su stions to put on the ballot. Councilwoman - 0*Reilly said -the -task force will -come up with - -- - - I - recommendations regarding how this will be done. It will be a yes or no. Clerk Ruotsala asked if Council wanted this to be a Charter amendment or just a policy vote. Councilwoman Bailie replied, the committee will in _ _1 J I f �r 1 1 KENAI CITY COUNCIL AUGUST 3, 1988 PAGE 2 fier07-u2d e. Councilwoman Swarner said the task force have an answer by the middle of Sept. Councilwoman Bailie suggested the task force elect their own chairman. VOTE: Vote passed unanimously by roil call vote. Councilwoman Sailie asked that this be set up as soon as possible. Clerk Ruotsala will handle it. Councilman McComsey asked if the motion included the names recommended. Councilwoman Bailie replied, yes. Councilman McComsey noted he would like to add others. Councilwoman Monfor said it should be open to the public. A representative from the committee or Councilman Measles could give the report. Finance Director Brown asked, is the purpose of the task force to come up with fair wording on the ballot or their preference? Councilwoman Monfor replied, fair wording. Finance Director Brown said, Council is not asking them to come up with recommendations, this is not compatible. Councilwoman Bailie replied, they are coming to a decision regarding the task. it will be vo ed on by the group. Councilwoman O'Reilly said the job of the task force is to come up with a fair way to pay for capital improvement projects. The wording for allot would be by Administration. Finance Director Brown added, a recommendation as to how the financing will take place. Council agreed to the statements. Councilwoman Monfor said someone will have to explain how this will be done, probably Administration. Janet Ruotsala City Clerk C am 4 IiI F'1a '.v Y 7 OP UM: CITY OF KENAI ,.Ojl Cozoa l of 4"„ 410f10AtA0 tta+at,austu tMlt1 TEL!/MONQ �q • f616 NOTICE OF WORK SESSION The Kenai City Council will be holding a work session with the Kenai Visitors & Convention Bureau and the Kenai Bicentennial Commission on Wednesday, August 24, 1988 at 7:00 PM in the Library Conference Room. To be discussed: The transition of the Kenai Bicentennial Commission to the Visitors & Convention Bureau W14y 40Z�A Janet Ruotsala City Clerk DATED: August 24, 1988 - I i . ti 7 .i .r f .r f KENAI CITY COUNCIL, KENAI BICENTENNIAL COMMISSION, KENAI J VISITORS & CONVENTION BUREAU JOINT WORK SESSION, MINUTES KENAI COMMUNITY LIBRARY, AUGUST 24, 1988, 7:00 PM MAYOR JOHN J. WILLIAMS PRESIDING Present: Linda Swarner, Sally Bailie, John Williams, I Marj O'Reilly, Art McComsey, Chris Monfor, Ray Measles - Council City Manager Brighton, Finance Director Brown, Clerk Ruotsala, Librarian DeForest - Administration Ron Malston, Fred Braun, Jim & Sue Carter, Bob Williams, George & Mary Ford, Jackie Oberg, Bob Cowan, Ethyl Clausen, Father Targonsky, Dr. Peter Hansen 1. Resolution 88-70 - Four Lane of Spur Highway Mayor Williams suggested leaving the date at 1992 so it does not interfere with the Bicentennial. Council agreed to leave as is. 1 2. Soviet Trade Initiative. Mayor Williams: There is to be a trade mission to�' Moscow in October. He has asked Clerk Ruotsala to start work on becoming a Sister City. (for a Russian city) The National League of Cities will be visiting Russia in December. There will be a Russian delegation here in September. He had hoped to take a van -load of people up, (for the dinner & breakfast) but there does not seem to be enough time. Most of the visit will be in Nome. He asked that Council let Clerk Ruotsala know if they want to go. 3. AML Meeting in December All resolutions for AML convention must be to AML by Oct. 1. Nominations must be by then also. 4. Kenai Bicentennial Bob Williams. Four years ago the Visitors & Convention Bureau was formed. A convention center was discussed. Their objectives were: a) Operating the visitor information portion of the Chamber, b) Finding long term funding without City support. A bed tax was discussed. Homer tried abed tax, a -law suit was -- filed. The Bureau wants to set a bed tax in place so it will -be -self -funded. They antiL-ipate-additional sales tax also. They would like to extend the Visitors & Convention Bureau to June 30, 1991 for the Bicentennial and to establish a foundation to attract L —.r ,�. s ,b Y KENAI COUNCIL, BICENTENNIAL, CHAMBER AUGUST 24, 1988 PAGE 2 Is conventions. A bed tax proposal could be on a ballot or through the Borough. He spoke to the instigator of the suit in Homer, he was not against tourism, but felt the bed tax should include other businesses that relate to tourists. Councilman McComsey. Does the bed tax have to be voted on by ballot? Bob Williams. There are a number of places without sales tax with a bed tax. it could be an assessment. He suggested there be no limitation. For example, many businesses put all their trips for the summer on one bill and reach the $500 limit early. it should be Borough -wide and distributed to incorporated areas, and to the Borough Economic Development District for unincorporated areas. Councilwoman O'Reilly. if we had a bed tax, would it be an addition to the Borough sales tax? Answer - yes. Councilwoman O'Reilly. What is the feed -back from other cities? Bob Williams. I have only talked to Homer and Soldotna. Their concern is that it be all over. (the Borough) Councilman McComsey. How much would it bring in? Bob Williams. They estimate $96,000 per year at 4%* Councilwoman Bailie. They were using a figure of 240 rooms, with 5 months occupancy. One of the proposed hotels did not materialize. Mayor Williams. The man from Homer (instigator of the law suit) has indicated he would pursue the suit? Bob Williams. if it was a visitors tax instead of a bed tax, he would go along. Councilman McComsey. Aren't we limited to 6% tax? Bob Williams. Only on sales tax, this would be separate. Ketchikan, Juneau, Anchorage, Fairbanks and San Francisco are all taxed in addition to sales tax. The short term objective is the Bicentennial, it will put us in place for this. Councilman McComsey. How would you control? Bob Williams. The same way as sales tax, we could work with the Borough. Councilwoman Bailie.' After funding by the City for 2 years, the mechanism will be in place to use grants. _Councilwoman Monfor. The Anchorage Olympics Committee is getting private funds from Chevron, etc.- Bob Williams. One of the problems is there are few private businesses in Alaska and many groups are approaching --- them. The companies are finding they should be more visible, they may be very agreeable. one of the main reasons for a full time director is to have someone to 0-1 .-A i KWAI COUNCIL, BICENTENNIAL, CHAMBER AUGUST 24, 1988 PAGE 3 devote full time to this. He had some ideas of making village similar to Leavenworth, Old Town into a pioneer WA. Councilwoman Monfor. How will we justify the Visitors & Convention Bureau to the tax payers when we are not roads? Bob Williams. This is the only _ paving their place to raise the sales tax outside of fishing season. Councilwoman Bailie. Anchorage visitors &.Convention Bureau has a $2.1 Million budget. They are taking over the Egan Center, it is $400,000 in the red. They realize $49 Million in convention income, $437 million --_ in overall income. The bed tax will not affect They have 700 members. $200 per member and residents. the bed tax are their income. Councilwoman Monfor. The biggest problem is the name, that it is tied into I visitors & Convention Bureau, and the Bicentennial. L Councilwoman Bailie. $150 per day per convention comes into the community, and turns over 4 times. It will help the business people, will help in the off-season, and will attract new business. 1 Councilwoman Swarner. In southeast, did they have City employees doing the work? Sue Carter. It was done with the Chamber of Commerce in the start, then they formed a visitors & convention bureau. Mayor Williams. Juneau has a budget of over $1 Million per year. Bob Cowan. We need a full time director, we need to get started, but we have lost the concept of the Bicentennial. Councilwoman Monfor. in order to have City residents accept this, they cannot think convention, just Sept. to May. They have to think it is a celebration they can get involved in. Bob Cowan. We should insert "Bicentennial" in the title. People will realize this is not a new Alaska city. Councilwoman O'Reilly. Are there any restrictions on accepting funds? Sue Carter. She did not think so, they would incorporate as a visitors & convention bureau. The Governor said anything we want should say tourist industry. Mayor Williams. Is there a 50-50 match on the State level?-- --sue Carter.- For building facilities. Mayor Williams. We are proposing expansion of then Chamber of _- Commerce -building. Councilwoman Monfor. 1 important that it be in that building? Answer - no. Councilwoman Monfor suggested the DMV rooms in City Hall. City Manager Brighton. They are full of l L ._I iv L KENAI COUNCIL, BICENTENNIAL, CHAMBER AUGUST 24, 1988 PAGE 4 storage. Sue Carter. When the Bicentennial is over, there may not be a need for space and a director. A I $4,000 grant from the State is very typical. It has to be for tourist, not business. Councilwoman Bailie. Kodiak was chosen for the AMA 3 meetings because they had a director. Mayor Williams. The Alaska Conf. of Mayors meeting was in Wasilla last week. They left $10,000, 50 people for 3 days. There are 107 commissions, committees and boards meeting around the State that just rotate between Juneau, Anchorage and Fairbanks. We should have some here. I Dr. Hansen. It is difficult to consider meeting in i Kenai. There were about 300 people this year at the AMA meeting. They cannot go to Anchorage, 50% of the physicians are there, they want to get out. Sue Carter. We are proposing the Alaska State Chamber of Commerce meeting here in 1990. Finance Director Brown. He was hoping to hear the 1 degree of independence of the bureau. He will have to look at the budget, do their operations belong on the City budget? if they do, they will have to be audited. The issues are: a) If Council approves the budget and they have any way they can approve or amend the budget, that is an indication it is a City operation. b) If they have any say in appointing the director, that is an indication it is a City operation. c) If we approve the Board, and Council -appointed members are shifted to the board, you have just given it a new name. Sue Carter. Council does not run the Chamber Board now, there is a signed contract. Finance Director Brown. l We don't tell them how to spend their money. Councilwoman Bailie. If Council members were members { of the Board and that was their only involvement, would that be acceptable? Finance Director Brown. He would check. If Administration were on the Board, that would be an indication. If there is any doubt, the auditors would make us put it in. Sue Carter. The City Manager or his designee is on the Chamber Board. Mayor Williams. That is the chamber's choice. Bob Williams. The visitors & Convention Bureau is an independent outfit. Finance Director Brown. If all members were chosen by the Board and not transferred from the Commission, that would help. Bob Cowan. Is there a problem of the -City money being allocated for the Bicentennial? Finance Director Brown. He did -not -think so. -Councilwoman Monfor.- She --- did not see a problem with it being in the financial statement. City Manager Brighton. As a non-profit going to a private organization for funds, if they felt III -A r- 3 KWAI COUNCIL, BICENTENNIAL, CHAMBER AUGUST 24, 1988 PAGE 5 it was municipal, they would say we had plenty of money. Councilwoman O'Reilly. If the Bureau gets funds from '+ other sources, do they have to give the City money back? Answer - no. George Ford. If we contract with the Bureau without telling them how to do it, would that be a reasonable I way to contract? Finance Director Brown. If the City gives money to them and they want to have general guidelines, that would not make it City -run. Jim Carter. When you get a grant, you have to match it. The Kenai Borough Economic Development District is non-profit, independent of the Borough but formed by i the City and Borough mayors. Funds for the operation come from various categories in the Borough. It specifies an annual audit. Mayor Williams asked for a special meeting Sept. 14 so ! Council can attend the Russian dinner\breakfast. He asked that an ordinance be introduced for funding of the visitors & Convention Bureau. CLERK'S NOTE: Dinner\breakfast was cancelled. Sue Carter. She would hope in future years the request from the Bureau would not be as large. They would also like to change to a fiscal year. They are asking for support till 1991. George Ford. There is no funding for a building? Sue Carter. We have had offers for space if we pay utilities for the first year. They hope to have space i in the future. j Councilwoman Swarner. Will there be duplicate members I` with the Chamber? Sue Carter. It is totally different. Mayor Williams. Request Administration look at the City budget based on original projections and how it will be affected by the most recent major expenditures that we had not planned on. George Ford. What about liability insurance? Sue + j Carter.- That.is listed in misc, expenses, based on I " Chamber costs. Councilman McComsey. Request Administration get a list-.- - -- -- of organizations and people that will come to conventions. Sue Carter. She has a list of meeting and convention leads from the Anchorage Visitors & L i KENAI COUNCIL, BICENTENNIAL, CHAMBER AUGUST 24, 1988 PAGE 6 Convention Bureau. Mayor Williams. The Alaska Journal of Business & Commerce lists these also. Sue Carter. Most groups are not paying for use of the facilities. We may have to fund for use of the high school, etc. 5. Mayor Williams. The Alaska Conference of Mayors meeting was held in Wasilla last week. The Governor will start on the State budget this week end. We need to get our Legislative priorities started. Suggest we discuss at the Sept. 14 Council meeting. Councilwoman Bailie. Should we meet with Ashley Reed? Mayor Williams. We should do this first. ADJOURNMENTS Work session adjourned at 8s55 PM. Janet Ruotsala City Clerk 3, If; r-- KENAI BEAUTIFICATION COMMITTEE August 23, 1988 - 1:30 PH Kenai City Hall Tim Wisniewski, Chairman 1. ROLL CALL 1 7 Present: Wisniewski, Hakkinen, Selby, Sheldon, Sparks, McComsey --------- - -- Absent: Jackson (excused) Also Present: Mayor Williams, Councilwoman Bailie, Director McGillivray, and Secretary Loper ' 2. PERSONS PRESENT SCHEDULED TO BE HEARD None - 3. APPROVAL OF AGENDA Agenda approved as submitted 4. APPROVAL OF MINUTES None - last two meetings Work Sessions S. OLD BUSINESS I a. Report on Moundings at Memorial Park The Committee had asked Bill Musson to check on the plantings done by Wards in the Memorial Park. The Committee did not feel the moundings looked up to the usual standards of Wards. Upon looking at the mounds done by Booths Landscaping at the Carrs Mall, the Committee felt Wards needed to be contacted. Committee Member Selby reminded the Committee that Wards had informed the Committee that the plantings would be perennials and always with that type of flower the first year the plantings do not look like much. Director McGillivray agreed, stating that the purchase order he signed for the flowers and evergreens indicated the numbers were there. The junipers were $40 each. The perennials that were planted were bloomed out when they were planted. Director McGillivray further stated that perennials do not seem to do well in -Kenai unless they are in -sheltered areas. An example .... _. _ of a bad area is the Airport moundings where have been deleted due to tha high -winds, _An -examp]s of stwivinq-plantings are at the Rec Center where they are sheltered by the building. The moundings at the Park are out in the open, high, and subject to winds. L s. i y, r KENAI BEAUTIFICATION COMMITTEE August 23, 1988 Page 3 Director McGillivray reported on upkeep of businesses which have frontage on large roadways. It has been the policy this year that any business that would like their frontage mowed by the City to make a donation to the City. John Stienbeck of Country Foods has offered to provide flowers if the City would maintain it? Lou Schilling of the Uptown Motel and Lou's Place has put in a beautiful spot in front of his establishment and has volunteered to donate money to the City. And the Katmai which was the first to suggest the arrangement, has had the City crews mowing their frontage in return for a donation. The system is working well thus far and both the City and the businessman is happy. The Committee agreed wholeheartedly. 6. NEW BUSINESS a. New Projects for Next Year Additional banners A storage building for Parks & Rec Cement pipes for plantings The Spur Highway/Marathon Road frontage cleaned up 7. COMMITTEE QUESTIONS & COMMENTS Committee Member Mccomsey asked for a progress report on the Viewing Area project. Mayor williams answered that Leon Quesnel is doing an inventory of materials needed, Fred Braun and the Chamber of Commerce are also involved. The inventory should be done this fall. The Corps of Engineers has approved the permit and the grant is in the appropriate hands for review. The Municipal Park project was discussed. Several years ago, the Municipal Park lands were traded to the City of Kenai by the State of Alaska. However, the City of Kenai has not been able to produce an appropriate parcel of property for exchange. Before anything projects can proceed, the State of Alaska must have a parcel of property in exchange or the property will be taken over by the State. For now it is on hold while the Council considers exchange. Birch Island has been discussed as a possible parcel for exchange for the Municipal Park. The State has long considered Birch Island for a project for the Division of Parks. Councilwoman Bailie will keep the Committee informed on the project. S. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting will be Tuesday, September 13, 1988 at 1:30 P.M. 1 Janet A. Loper, Planning Specialist Secretary to the Committee L i 4 r-- C ./ AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 17, 1988 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk M 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. B. SCHEDULED PUBLIC COMMENT (10 Min.) C. PUBLIC HEARINGS 1. Ordinance 1278-88 - Amend Kenai Municipal Code, Title 1 - Repeal Kenai Bicentennial Commission 2. Ordinance 1279-88 - Increasing Rev/Appns - Federal Revenue Sharing - $332,551 3. Resolution 86-59 - Rescind Resolution 87-4 - Establishing Eagle Rock/Tern Assessment District 4. Resolution 88-69 - Expressing Concerns to State Regarding Wildwood Water Supply 5. Resolution 88-70 - Requesting State List Four -Lane of Spur Highway as $1 Priority 6. Resolution 88-71 - Requesting State Amend Fish Tax Law D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2.,' Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Kenai Bicentennial Commission 6. Library Commission 7. Recreation Commission 8. Planning & Zoning Commission 9. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, August 3, 1988 J . 1 7' , ;3 KENAI CITY COUNCIL - Minutes ' REGULAR MEETING - AUGUST 17, 1988 - 7:00 P.M. COUNCIL CHAMBERS -, MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER - 2. Pledge of Alleaiance ' - -- 3. Roll Call h . _ Present: Mayor Williams, Bailie, McComsey, Monfor, O'Reilly, Swarner Absent: Measles 3. Agenda Approval Agenda approved as submitted - 4. Consent Agenda :.-• Agenda approved as submitted " B. SCHEDULED PUBLIC COMMENT None C. PUBLIC HEARINGS 1. Ordinance 1278-88 - Amend Kenai Municipal Code, Title 1 - Repeal Kenai Bicentennial Commission MOTION: Councilwoman Monfor moved for adoption of Ordinance 1278-88, seconded by Councilwoman O'Reilly _ f Mayor Williams for from called comments the public. Fr. Targonsy: I would appreciate the City setting the membership of the Kenai Visitor and Convention Bureau. Mayor Williams distributed a letter from the Chamber of Commerce regarding the N membership. ' Councilwoman Monfor: I was the Council representative to the Bicentennial Commission and it . is -with mixed -feelings that -1 see itsunsetts g this early, but I think what is coming up will be _even better so we need to put some things -on hold_ in old Tonne. _l i `l r KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 2 Councilwoman Bailie: The letter states they are looking for a work session and since this is tied to that we might be able to set a time now. The Council set August 24th at 7:00 P.M. in the Library conference room. VOTE: Motion passed unanimously by roll call vote 2. Ordinance 1279-88 - Increasing Rev/Appns - Federal Revenue Sharina - $332.551 NOTION: Councilwoman O'Reilly moved adoption of Ordinance 1279-88, seconded by Councilwoman Bailie. Mayor Williams called for public comments, there were none. Councilwoman Swarner: Regarding the parks and exercise equipment. Do you have pictures of the equipment? Answer yes. Councilwoman Swarner: How much space will it take up and where are you planning to install it? Answer from Director McGillivray: It will be in the weight/exercise room. The space it would take up is minimal and won't create a problem. Councilwoman Swarner: I went and looked yesterday and did not feel there was that much space available. Will you have to get rid of any equipment to make room? Answer no. Councilwoman Swarner: It says that its purpose is to increase the heart rate. Director McGillivray: It is computer monitored and is being used in different places. It is a type of exercise that can be used by both young and older. The elderly should get an approval by a doctor prior to use. There are instructions. Councilwoman Swarner: I have a big problem spending $5,000 for a piece of equipment in a department that lost $20,000 last year in revenues. Mayor Williams asked Councilwoman Swarner how she arrived at that figure. Councilwoman Swarner answered that it came from the Finance Director's figures. Finance Director Brown: That was a reduction from the prior year. Councilwoman Swarner: Is there a charge for the use? Answer, there is a $3 charge for the use of the room. Councilwoman Bailie: Is this similar to a motorized treadmill? Answer yes. Councilman McComsey: I have a hard time with Councilwoman Swarner's comments. I didn't feel that the City was trying to make money from the Rec Center, I thought the facility was a good program for the citizens- to get exercise.- This is probably one of the only facilities in the City that makes any - money --whatsoever.- Does the library pay for itself? --I think this is a good thing and I think it would be worth it. L C1 �� I Y -- -- - KENAI CITY COUNCIL AUGUST 17, 1988 1 PAGE 3 Councilwoman Bailie: I notice the members of the audience are straining to hear. I might remind Council to be aware of speaking '11 up. VOTE: - Notion passed unanimously by roll call vote 3. Resolution 88-59 - Rescind Resolution 87-4 -Establishing Eagle Rock/Tern Assessment District ' .. MOTION: Councilwoman Monfor moved for approval of Resolution 88-59, _ seconded by Councilwoman Bailie - Mayor Williams called for comments from the public. Public Comments a. Duane Quellette, Eagle Rock: I am going to ask the Council to ' rescind this because I feel that at this point in time, Eagle Rock will be treated unequally, as far as the rest of the City is _ concerned regarding paving. I feel that the method used in setting property assessments is also unfair. I think there are other methods that can be handled. A precedent has been set on free paving and the Council has worked itself into a situation where we have to work on a method that will work for the City for �-' the next 20 years. Councilwoman Bailie: I might suggest at this time that we postpone this resolution. There is a committee that has been set up to study how we will be handling our capital improvement projects, and they possibly could come up with a scenario that would work better. So if we could postpone to an indefinite period of time until this group has a chance to present their findings to the Council. MOTION: Councilwoman Bailie moved to postpone to an indefinite time, seconded by Councilwoman O'Reilly. :i VOTE: Monfor - yes -- -' O'Reilly - yes = '.3 Swarner -yes Williams . no Bailie - yes Mccomsey - yes 4. Resolution 88-69 - Expressing Concerns to State Regarding - Xildwoo4 Water Suggly ------ ---- MOTION: --. - - - -- - - Councilwoman Monfor moved for approval of Resolution 88-69 110 c 4 KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 4 Mayor Williams called for comments from the public, there were none. Councilwoman Bailie: Quoted from the letter which stated that the City of Kenai is the provider of those services to that facility and are outside the City boundary. City Manager Brighton: That facility is outside the City boundaries. Mayor Williams: Is Councilwoman Bailie asked that verbiage be corrected in paragraph three? Answer yes. Councilwoman Bailie: The other question I have, I am wondering if the State of Alaska, if in fact this is outside our boundaries, why are we providing them with water and if we've taken it upon ourselves to do it, perhaps I've become a bit cynical from some of the treatment we've received recently from the Borough. City Manager Brighton: My response to that is the City has provided the water & sewer for Wildwood prior to the time I've been here. I am not sure what the agreement was originally that got the City to provide that service, but it has been ongoing for some time. PW Director Kornelis: I've been here eleven years and we were providing the service then. We've upgraded it a little bit, to the point of the meters and the pit that serves it. I don't know how the agreement came about, but there is an old agreement to provide service. I think it is something we should look at carefully because the service we are providing is based on a meter charge and we are investigating that because a meter charge allows for a much lower rate for more water than is being used there, i.e., once it goes through the meter it goes to the individual apartments. We are investigating changing that to a different rate, however it is a preliminary step. You will be getting something back from us probably this winter. Councilwoman Bailie: I'm not against the system. Will this then go to the State of Alaska as one of our top priority items and if that is the case, then we are going to schedule a session with our lobbyist to sit down and discuss our top priorities and I'm hoping this won't confuse matters. City Manager Brighton: The "now therefore" clause its states that "the State of Alaska, through the Department of Corrections, appropriate the necessary funds" and is not indicative that the City of Kenai is considering this our top priorities. Councilwoman Bailie: But sometimes that happens. Money would be funneled to the City to that facility and having sent a resolution such as this -it --could be pointed out that Kenai received X amount of dollars for this. City Manager Brighton: I think the purpose of this is to call the attention to the State of a facility that they have a i C �1 . KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 5 responsibility for in which there is an inadequacy, hoping that they will address it without it being one of the City's priorities on CIP funding. If it fails out there, its their problem and not ours. r Councilwoman Bailie: Keith's suggestion is a very good one and we should definitely look into doing away with the metering of it and " some type of situation out there. We owe it to our local people who have individual businesses or apartments or whatever. If we i are providing water out there it should be on a more financially equitable basis. 1 _ Mayor Williams: By way of refreshing memories, this was brought about through conversations withSusanHumphry-Barnett (sic) the Director of Corrections for the state of Alaska. We have long recognized the inadequacy of the water main to Wildwood. We have also long recognized the fact that the entire water main system is wrought with problems. In discussions with Susan Barnett on this matter, she requested that the City of Kenai request through her j department, as a matter of her budgetary item, the upgrading of that water line. The person in charge of budgeting was also here that day and it is their intention to request this in the State's y correctional budget. Up until this time that item has been a I priority of the City over the last three years. This will give us the opportunity to give the responsibility of that request to the State. They are only indicating that they want support from us that we will accept the money to upgrade our portion of the water , main as it goes through Nommsen Subdivision through the meters. I i see it as a matter of expediency in removing from our priority list. VOTE: I Notion passed by unanimous consent f� S. Resolution 88-70 - Requesting State List Four Lanes of Spur i Highway as #1 Priority NOTION: c Councilwoman O'Reilly moved for approval of Resolution 88-70, seconded by Councilwoman Swarner Mayor Williams called for comments from the public, there were none. AP Councilwoman Bailie asked if statistics were being sent along with this. The reason for the question is in listening to some of the candidates running for office, some of them are not aware of the amount of traffic that is moving. I know at one time Keith had come up with some concrete statistics and it wouldn't hurt to Bend them. City Manager Brighton: The State periodically does all of the - statistical counting on the Spur Highway, the Sterling, and other „ a• KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 6 roads under its jurisdiction. We do not have the means for providing those statistics ourselves. Those state were provided by the State. Councilwoman Bailie: What I am talking about is going out and providing those statistics to some of our legislators or some of the people who make decisions. Mayor Williams: We have had discussions with the State Highway Department and also with our legislators in prior sessions. The statistical data that you are referring to, 1981 to 1986 had been provided. It indicated five deaths, 565 accidents, 60 odd serious Injuries. All that data has accompanied this request in the past. We are now on hold, I had a point about 1992 for construction, 1991 for engineering, 1990 for reconnaissance. We have been working each season trying to get that upgraded and I think this is a continuation. I cannot say for sure if that statistical data was provided through 1987. Councilwoman McComsey: I have noticed highway counters the past couple weeks on Forest Drive both sides, Marathon Road, and others. VOTE: Motion passed by unanimous consent 6. Resolution 88-71 - Requesting State Amend Fish Tax Law MOTION: Councilwoman Bailie moved for adoption of Resolution 88-71, seconded by Councilman McComsey Mayor Williams called for comments from the public, there were none. Councilwoman Swarner: Is this one of the resolutions we were going to pass on to the AML? Answer from Mayor Williams: This is a continuation of the requests that were made in the last two previous session of the legislature. I have had personal meetings with the Mayors of Seward and Homer and in those discussions we all agreed that we would make this a priority item for our group from the Peninsula. I would hope that we could take this to the AML and request support. VOTE: / � Motion passed by unanimous consent Council Recessed p. COMMISSIONJCOMMITTEE REPORTS 1.0 uncil- o_ n Aging - - None in S r) J } 5 f i •KENAI CITY COUNCIL AUGUST 17, 19SB PAGE 7 2. Airport Commission There have been no meetings. Mayor Williams reported on the Navy Home Porting Team Visit. PW Director Kornelie: There were three individuals, two from California and one from Washington. They were looking at sites for both harbor and P-3 Orions. They viewed Nikiski and Airport Manager Ernst gave them a tour of the airport both from the ground and the air. They seemed to be impressed. We furnished them with booklets answering questions an all different aspects including schools, residences, utilities, etc. They will go back and present that to the personnel who work for the Navy and they will narrow it down to three communities. Airport Manager Ernst: This was the same group that was in Homer and the rest of the state. Once they received the brochure from the City, the Admiral wanted the team to come back and look at the City of Kenai. They seemed to be very impressed and pleased with what they found here. The report that they will make to the Admiral will not be a recommendation on their part, rather an objective look at the City. Councilwoman O'Reilly: Did we ever find out for sure how many personnel we are talking about if we were to get this program? Answer from the Airport Manager: No. That was the first thing they pointed out was that these were the questions the Navy would not tell them when they are making their evaluation hoping this would make them more objective. That seems difficult in view of the fact that a carrier holds 3,000 people. A frigate holds 300 people, so it seems hard to tell how a community will fare with that type of situation. It was the same for Seward and Kodiak and all other potential communities. Mayor Williams: I would like to commend the City for their efforts on behalf of the Council in preparing for this visit. I might add that they managed on very short notice to pull together quite a cadre of citizens of the community including merchants, directors of the facilities such as Dr. Pomeroy for schools, a representative from real estate, virtually every aspect of the City. The response that I've had is that it was very positive. The potential number of personnel of the planes could consist of two or three squadrons. The number of personnel in that case cpuld be as high as 200. I plan to be back in contact with the Navy and_Senator Steven's office in the near future. 3_. Economic Development None i F7 ,4 .. J KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 8 4. Harbor Commission Leon Quesnel, Chairman: We held a meeting Monday and updated several items: a. The Kenai River dredging project is still before the Corps of Engineers. The outlook does not appear good. We have sent pictures and further information. b. Update on dock, Keith has informed us that we have received our permit for the dock staging area. C. Cold storage facility placement has been determined wetlands. d. Kenai River Plate Viewing Area Project is ongoing. Fred Braun will be getting a letter to the City regarding what the Chamber can provide by way of labor and material. e. Fish & Game Determination of Habitat - concerns the creek upstream of the dock, there has beed no response, hoirever,'we know it will take about 4 to 5 years. f. Commercial Fishing Study - That belongs to the EDC but I was asked to keep an eye on it. I spoke with Mr. Coughenhower recently and he has sent out 495 surveys to the business community and a similar number will be sent out to fishermen by December 15th. He expects to have an interim report by the end of November and hoping to get a final report by the and of December. At the present time he is well within budget. g. Navy Home Porting Survey - would like to add one of the Commission members accompanied the team to Nikieki and gave them an overview of that area. h. City Dock Operations - No figures available as yet, but to all accounts it was a successful year. L. We had several fish processors attend a meeting on Monday and one of the concerns was fuel handling. They're are asking to increase the amount of fuel and hoses sufficient to handle 8 to 10 boats at a time. I don't recommend the City get into the fuel business but rather as a service. The fishing industry is our life blood. J. Release of Tidelands - our recommendation was to release these lands. k. Ports Alaska meeting is scheduled for 9/23 in Anchorage. Barry Eldridge will attend. 1. Harbor Masters meeting will be held in Sitka November 14 to 18th. We recommend at least one member of the Commission attend and also the PW director and dock manager. 01 Councilwoman Swarner: What is the probably cost of this fuel, newer, we have no idea at this time. Mayor Williams: It has been a long standing situation with the Harbor Commission that they do send representatives to the State Harbor 14asters meetings every year. . I believe there is money in the travel budget. Councilman Accomsey: Would the City Manager agree to the Public - Works Director going? City Manager Brighton: What Leon is getting at is that Commission members must get prior approval of this Council before taking any trips or making expenditures. f L C; J KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 9 i j MOTION: { Councilman McComsey moved to send a member of the Commission to the State Harbor Masters meeting, seconded by Councilwoman O'Reilly. VOTE: 1 Motion passed by unanimous consent 5.1 Kenai Bicentennial Commission Mayor Williams: Normally the report would be given at this time, i I wonder if it would be appropriate for the Council to continue a 1 limited overview of the bicentennial system by asking our member who will probably still be a member of that group to report on _ _'__ what is happening with the Visitors and Convention Bureau. If so we could retitle this item to "Visitors and Convention Bureau Report". I was inspired by Mr. Walter Annenburg's (sic) retirement speech in which he managed to sell the TV Times publication and in his statement he said he was now going to lend his wealth to more philanthropic efforts in trying to give away a considerable amount 1 of his estate to organizations and -promotional purposes. With permission of Council it might be timely for the City of Kenai to become acquainted with the gentleman. .� 6. Library 4 No meeting until next month. 1 7. Recreation Commission No report until next month. i Councilwoman Bailie noted the lights on the fountain are not working. Director McGillivray will take care of it. Councilman McComseY: I believe Commissioner Siekawitch has been transferred out of state. As he has served for many years I believe he deserves some recognition for his efforts. jl Councilwoman Swarner: I have a complaint about the latrines at Cunningham Park. Do you regularly go through all the rest rooms on a scheduled basis? Director McGillivray: There is a schedule. the last time they were pumped we had run out of the flowery type substance. We have it now and it was been placed yesterday. Councilwoman Swarner: Will they be cleaned by the end of the season? Answer yes. Director McGillivray: There is always a -problem. All outdoor -latrines are like that.I don't have the ---......_ man power to clean rest rooms every day, perhaps we should. The - crews check them -at least-once-a-wivek.__As far as a thorough cleaning, every two to three weeks.-_- _ r-:> T. s 'T } FI . ,6 r KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 10 S. planning & Zoning Commission Mayor Williams: The minutes have been provided. 9. Misc. Mayor Williams: The minutes of the Beautification Committee are in your packet. Councilman McComsey: This is about the banners under discussion and I talked to Keith a little about it. I believe the folks have a 5 year warranty and should be sent back to the manufacturer and I think that when they first came out and if they will fix them for nothing than we should send them back. Councilwoman Bailie: I appreciate Keith's memo on the banners. The way they are set up now, the 5 year warranty was on the banners and fading. The problem is not the material but the mounting. They are not being displayed as well as they could be. According to Janet, having talked to them down there, they state that they should be fine, but they aren't. I think the route that Keith is taking here is probably the most beneficial. I am very concerned about the wind damage and this is where the warranty comes in. They seem to be holding up that way. Its more the fact that we can't keep them up properly. Chuck Perine says there is a whole different method which includes the shape of the banner and grommets. This company is the one that did the banners for the Olympics and had no problem at all. Beautification has wrestled with this problem for several months. PW Director Kornelis indicated they would be working on them this week, however, Airtek has had some problem with their boom truck. Councilwoman Swarner: Has anyone bothered to take a photograph of the banners to show them how they get all bunched together? Answer no. The wind has been whipping them so hard that the material where the end of the rod comes through has been ripped so the banner slides toward the pole. There is a grommet on the pole side of the banner and that is tied with an electrical tie and that isn't most of the problem. E. MINUTES I. *Regular Meeting, August 3, 1988 Councilwoman O'Reilly: I think we need to do something about the ,Pimely delivery of minutes. We received them tonight for the meeting•two weeks ago. City Manager Brighton: We did address the question this week. We did not finalize any -particular formula other than to indicate that after_the Council meeting we would have another meeting and - try- to get this situation resolved -so the -Council -has -their- - - - minutes on a timely basis. The Clerk, Assistant Clerk, and myself had it under discussion this week and indicate that we would again meet and try to get it resolved toward the end of this week. L [in i n j ■ _. ■ } r KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 11 i Minutes were approved as submitted. F. CORRESPONDENCE i. *Misc. Correspondence Regarding Foster Const. RIV_Park Mayor Williams: This item will be before us in the near future. It may be interesting to note the letters of support including John Davis of KSRM. Councilman McComsey: on the bed and breakfast business, does that go before the Planning & Zoning? Answer from Administrative Assistant Gerstlauer: It will be before the next Planning & Zoning Commission meeting. Mayor Williams: Are they allowed in some areas of the City under the present ordinance? The City Attorney will check. G. OLD BUSINESS None H. NEW BUSINESS 1. Bills to be Paid. Bills to be Ratified MOTION: Councilwoman O'Reilly moved to pay the bills, seconded by Councilwoman Bailie y. 4- - i � S'•7 VOTE: Motion passed by unanimous consent 2. Requisitions Exceeding $1,000 MOTION: Councilwoman Monfor moved to pay requisitions over $1,000, seconded by Councilman McComsey Mayor Williams: I have yet to meet Attorney Naggart and we have a bill for $3,000. I am presuming the City Council is aware of his actions and the reason for the $3,000. VOTE: Motion passed by unanimous consent /3. *prdinance 1280-88 Amending Kenai Municipal Code, Title 1, Legal Dept. and Clerk Under Supervision of City Manager Consent Agenda item 4. *Ordinance"1281-88-- 'Increasing Rev/Appns - Runway/Taxiway - Overlav - $337,500 Consent Agenda item �1 f`1 -- - - -- - = KENAI CITY COUNCIL 1 AUGUST 17, 1988 A. PAGE 12 ?.; S. Discussion • Kenai Peninsula Hosting of Alaska Municipal .. i, League - 1989 --- Councilwoman Bailie: A week ago Tuesday, Councilwoman Swarner, myself, City Manager Underkoffler, and Miss Marla Huss met concerning the AML, asking them to have their convention here next year. We decided that if the two groups wanted to work together, we needed to do it on an equitable basis. At that time, the only functions that were to be held in Kenai were the initial meetings of clerks, finance officers, managers, etc., that would have - normally been held were scheduled to be held in Kenai, and all others would be at the sports arena. After some discussion it was decided that in addition to these , - - - -- meetings, the City of Kenai would host the welcoming reception. This is to be submitted to the AML Board which meets the week of -- '- 8/21. Betty Glick and Kristin Lambert will sit an that Board. If not this year we are hoping for within the next couple of years. Mr. Underkofler is hoping for a representative from the City of Kenai to help him put it together. We assured him that if not Mr. Brighton, then a representative. City Manager Brighton: Technically, what we need is a positive -+-: motion to work with the Borough Mayor and City of Soldotna in order to achieve this request and I need the Mayor's signature an in The signatures of Mayor the cover letter that is your packet. 'Aw• Gilman and Mayor Farnsworth are already on the letter. f Mayor Williams: The Council is aware that the City will be spending funds and if Council is agreeable I will sign the letter. Councilwoman Bailie: We are committing $20,000 along with Soldtona and the Borough. We are looking at a convention of - approximately 400 to 450 individuals minimum. I believe last year i there were 600. It runs from Sunday through Saturday and in talking to the communities that handle conventions, they say they can unequivocally say that each conventioneer will spend, on an {, average, of $150 per day. Computing this out; a group of 300 '1 spending 3 days, with that money turning over three times, is almost $250,000. I think the expenditure of $10,000 is money very well spent. Mayor 911liame: The economic impacts states that there should be 1 some $320,000 spent in the local economy. We should realize 1 somewhere in the neighborhood of $20,000 in sales taxes. The City of Fairbanks will be hosting it this year. + :.i.•., MOTION: 1 Councilman McComsey moved to state that the Council is in support --=--- - -- -----. hosting the AML in -1989 and expending the necessary $10,000, seconded by Councilwoman Bailie. - VOTE: Motion passed by unanimous consent i,' _ -1. c„ I I i KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 13 6. Discussion - Release of Tidelands for Lease - Seaward of Kristine S1D #1 Councilwoman Monfor: I would like to know for sure where this is and secondly I am not clear on what they are for. Administrative Assistant Gerstlauer: There are two individuals that are requesting an area of submerged lands that are next to each other. They are located along the river between Salamatof and Dragnet. The maps are not entirely accurate, but they give you a rough idea. According to the code you need to consider releasing the land for lease, not to include the individual or use. For 30 days we will take lease applications and after that time the lease and use will be submitted to you for approval. It is doubtful that anyone else would be inthrested. Councilwoman Swarner: A couple months ago we talked about leasing tidelands and we approved the concept. Administrative Assistant Gerstlauer: That was on a different parcel of land. Councilwoman Swarners Has that been signed? Answer no. We don't know what the fair market value of these lands are? Answer no. I did get an appraisal of the other parcel on the other side of Salamatof and for four acres it worked out to approximately $2,000 per year and these are about half that size. You are looking at a revenue of roughly $1,000. Councilwoman Swarner: And how much did the appraisal cost? Answer $600 or $700. At that time did you say that the lessee should pay the appraisal price? Answer no. The survey price. Councilwoman Swarner: How much was the survey? Answer, $2700. This parcel will not have the survey done until after you approve the release. Councilwoman Swarner: I don't have any problem with the lease application but I think the lessee should pay the surveying costs. City Manager Brighton: We agreed that we think they should too, but it would necessitate a code change. Councilwoman Swarner: I would like to see that done. I don't feel the residents of the City should pay for something and not get it back. Council agreed, City Attorney will prepare the documents. Councilman McCvmsey: Has this practice been done in the past, any piece of property that has been leased or sold by the City they have had to pay the surveyor? Administrative Assistant 9erstlauer: The City has always had the cost of surveying borne by the City. The only exception has been Northland Services just recently. Airport lands are subdivided. It isn't that often that we have to go in and subdivide an area. I think it will happen less often in the (future because the majority -of lands are subdivided.now. There still are a lot of tidelands that belong to the City-thpt are not surveyed. Councilwoman O'Reilly: Wouldn't it be good business practice in this situation to incorporate the cost of the surveying into the i t i i{ i KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 19 lease agreement down the line somewhere? If it is costing the City money to get this property ready to lease, is it outlandish to expect? Finance Director Brown: I cannot answer until I know the cost of the surveying compared to the rental rate. If the cost of the survey is negligible compared to the rental rate you can say you are getting your money back over the rent, but if the rental rate is low, then I agree with you. Councilman McComsey: Is this bid on a square footage basis? Administrative Assistant Gerstlauer, no. What actually goes out for bid is the lease application. There is not exactly a bid situation, but there is an open application period and we would continue to lease it at 6% of fair market value as we do all of our leases. The provisions for the tidelands ordinance are the same as for the airport as far as leasing is concerned. Councilman McComsey: If we do the surveying its going to take us three years to get that bacli out of the lease. If we do change this leasing ordinance is that going to entail everyone that leases land from us now to pay the surveying costs? Administrative Assistant Gerstlauer: There are two separate ordinances, Title 11 is for tidelands and Title 21 is the airport and city lande. City Manager Brighton: Our suggestion is that you only amend the tidelands ordinance on the basis of surveying. MOTION: Councilwoman Swarner moved that the Attorney bring back an ordinance to change the tidelands section to defer the lessee pay the surveying costs, seconded by Councilwoman Sailis VOTE: Motion passed by unanimous consent MOTION: Councilwoman Monfor moved that administration proceed with the leasing of tidelands in conjunction with the code change, seconded by Councilwoman Bailie VOTE: Motion passed by unanimous consent 7. __Discussion - Lease Application - Carlile Enterprises MOTION: Councilwoman Monfor moved approval of lease application for Lots 6&7 CIIAP 8/D and conditions of acceptance -be included, seconded - by Councilman McComsey VOTE: Motion passed by unanimous consent n � A KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 15 Council Recessed I. ADMINISTRATION REPORTS 1. MaYor None L 2. City Manager a. City Manager Brighton reported that this is Dana Gerstlauer's last meeting as she is leaving the state and moving on to Portland. Dana has been employed by the City for the past seven years. Dana has been extremely competent and efficient. Kim Howard will be taking her place. Mayor Williams thanked Administrative Assistant Dana Gerstlauer for all the help rendered over the years of service. Councilwoman 8warner: Is the final application for the grant for the cold storage facility been sent in? Answer yes. Councilwoman Swarner: When are we going to hear from them? Administrative Assistant Gerstlauer: Possibly within 2 to 3 weeks. It was well received. Mayor Williams: We nearly had a visit from the EDA people. They were on their way to the pribilofs and the weather closed in. However, the weather cleared and they continued on. 3. Attorney a. City Attorney Rogers: Last week I attended the ABA convention and found out how little I know. Various section meetings, both the municipal condemnation and litigation. It was great to talk with various leaders in this field from around the country. The computerization of the City offices is fortunate in view of what's happening in the other communities. You are in a position here, through the various departments, especially the legal department, we are equipped now to talk to these people on line. As far as the municipal segments are concerned they have asked me to try and set up a group of users so we can trade information among the municipal attorneys.- Hopefully -to alleviate re-invgnting the wheel. One thing of interest to me is that there are others out there wanting to get such a group going within the /ABA. I hope to get it off the ground very soon. It was also gratifying to find that there are so many other people that have the same problems whether it be airport condemnations, f lost plane -basins; -when -you get that -many people- together you - find that.you can discuss those things, give something hopefully, but you always gain -more than -you get.- This is the second -one I-- - have attended in the last 6 years and it was well worth it. --■ 1 t.. j ;r �a KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 16 c b. I believe there will be an Executive Session and it has been advertised. we have advertised for a replacement for Ron Sutcliffe. We have received applications from a number of people and the ultimate decision is that the Council * to the Charter. I have reviewed them, I have called them, but I need to meet with the Council concerning that. Counailman McComsey: Have we heard anything about the condemnation? City Attorney Rogers: We are finally getting to the point of having the masters here and we are going to try the case. If you recall we disclosed a sum that we thought was an equitable -and fair sum. Obviously since the other side wants to proceed to litigate the matter in front of a master, they feel that they can acquire more money. That just came about today, I have a letter on my desk indicating the selection of a master and his desire to proceed. We want it to get resolved. We don't feel it's going to cost any more money but its nice to get it cleaned UPS !Mayor williams: We are pushing into the third year. City Attorney Rogers: That is short by some standards. We are in our sixth year with the utility relocation case. We have an oral argument scheduled next month. it was originally in Kodiak and there are attempts to move the oral argument in front of Manson to Anchorage and I doubt that I'll bode that because its a savings of both time and money to the City to argue the matter in Anchorage as opposed to Kodiak. 4. City Clerk a. Before you is a list of candidates for the October election. b. We are going to have a Board of Adjustment on the Foster objection to the Planning & Zoning decision and that will be scheduled for September yth. It will be posted and all the residents in the area will be notified. c. The Task Force had their first meeting Thursday, there will be another meeting tomorrow night. d. The microfilming is done. This has saved a great deal of space in the office. One small roll of microfilm is the equivalent of one file drawer. I have 25 to 30 rolls of film. e. There are some proposed changes to business license fees. If you and interested in reading it, it will be biannual. There is a time limit if the Council has any objection or opinions on it. A. AML registratibn is starting. I will, as in the past, make reservations for seven people without names. I will book one hotel and plane reservations. Please let me know as soon as possible.so.that I._can make -a more definite statement. g. Regarding people who cannot hear. I have been moving chairs forward and people are still leaning forward. It will cost some money but 4 have a suggestion. We couldgotthe kind o microphone that goes around the neck. If you chose not to, and we �. proceed with this system, you will need to lean closer as your voices do not come over the tapes either and we are now doing verbatims from the tapes. 114 EM M, i i .� 4s r-- KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 17 S. Finance Director Finance Director Brown: There are two reports in the packet. Councilwoman Bailie: Offered thanks for both reports, esp. on the land sale note. I can see there is a problem no matter what way we go. I agree with your suggestion that the last scenario would be the easiest for the City to try. None would be great but perhaps we could offer something. Councilman McComseys Has anyone come forward asking for relief? Finance Director Brown, no. There was one request from Don Aase, however that was a different situation. We have had a couple people who wanted to pay cash and get a discount on the note. People may be coming to Council members but not me. Councilwoman Bailie: I have had people approach me, not necessarily to say they wanted something done, the comments to me were I just can't afford the'payments, I'll just have to let the land go back. In one instance it has happened. As a Council member I would much prefer this land stay in private ownership if we could make it easier without costing the City. Finance Director Brown: We have explored at least six different way, including the lower interest rate. I don't particularly care for that option but on the second page, of all these options, those last two are perhaps the best. In that arrangement their monthly payment doesn't go up so high and would cause the City the least problem. It may take a code change, I don't know at this time. If Council consents, a five year adjustment and for the remainder of the term an increase in the rent to make the 20 year pay off then we can do that. it may just take a letter from the City Manager to make it available. Councilwoman O'Reilly: I would have no problem if its made available to the current note holders. It doesn't seem it would be attractive to many, but it would be an option. Councilwoman Swarner: How many note holders do we have. Finance Director Brown: I would guess about forty. Councilwoman Swarner: I am concerned with the extra work the finance department would have to'do. ,Finance Director Brown: I don't think there would be a lot of extra work. We would need to find out if we need a code change. Then we would work on that. We would notify the note holders. Then if the ones that want to participate would have to have a new collection agreement and I'm not sure if we'd even have to have a new deed of trust note. We would at least have to have a new collection agreement. The bank collects the money. - City Manager Brighton: I think there ought to be some sort of test requirement because if you make this blanket there is nothing L KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 18 to say that all forty note holders won't come in and take_ advantage of this situation. What that test should be, I don't know, but they should have to qualify in order to avail themselves under easier requirements under the land sale act. ; .t Mayor Williams: Personally, I am against tampering with the system -- '- at this point. It has been more than two years since the down turn in the present economic situation. We have pretty much come out of the problems. The foreclosure rates are diminishing } rapidly. By every statistic that is being brought forward the economic down turn is probably at the bottom and perhaps turning up. The only people that are in trouble now are the ones that may have been over extended in the first place. Councilwoman O'Reilly: I would suggest instead of notifying note holders, rather when one comes to the Citf asking for relief, we , could offer the other options. Would that be legitimate? To me ,. that would be the test Bill was talking about. ----- .. Mayor Williams: If we set ttie motion up for one we have to set it r up for all. If only one or two members of those holding notes are that deeply in trouble they should be coming to us. Obviously our finance director has not heard of any, nor have I. } Councilwoman Bailie: I have heard from people on more than one occasion. There may be only one or two out there that are in trouble and if the City has the option to make things a little easier, than I for one am for trying to do that. We all see that banks will allow people to refinance their homes and I would hope that we are astute enough to do so also. Granted, things may be } starting to turn around, but in the process these people that are trying to hold on to their land, maybe things won't turn around �.' :: _ ........,: fast enough. i _ Mayor Williams: We have had a bunch of land coming back to the City. From a land financing mortgage standpoint, I don't see any _ option here that I would be willing to take. I couldn't say I could come up with 40,000 ten � years from now. � � Councilwoman Monfor: At this point, I would rather leave things status quo and the problem can present itself to administration 1 and if it is something that cannot be resolved, then it can come .'-.---.-_. to Cound1l, instead of making a blanket change that may or may not i work. Mayor Williams asked for an unofficial vote - those in favor of changing the rules: — -" - - - - - -- -' - Council voted nob' a vote of 6 t- -- 1. -° —�-==— --- - 6. -- Public Works Director - - j PW Director Kornelis: Reference the memo handed out tonight concerning two items covered at the Borough. t KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 19 a. KPB Ord 88-29: Delete section 5 and 6 was changed to 5. What this ordinance means is that the Borough is transferring $85,000 into an account for the City of Kenai to move the excess sand from the landfill to the dock staging area. It looks as - though they are going to contract it out at this time. b. Concerning the bond issue that passed several years ago'for Council information. Councilman McComsey: With this are we going to start hauling it to the staging area at the dock. City Manager Brighton: �J. Specifications must be drafted for the contractor to haul it and they have to be aware of the bid like we do on anything else. It is our intention to talk to the Borough Mayor tomorrow to see if they will give us permission to draft those specifications. 7. Airport Manager i Airport Manager Ernst: I would like to give you a quick over view of what's going on at the airport. a. The float plane basin is nearing completion. All the fencing for the perimeter securing it from the main airport has to be put in yet. Some seeding and final grading from the sideline from the } tower to the basin is being done now. We are holding 16 applications for slots, we will have 35 slots available. I have to say, for the cost of the basin, Mr. Doyle has done a very good job. b. We have gone out for RFP's for Alpha and Bravo taxiways. Along with that we have the engineer working on phase two of the main runway and Charlie taxiway and I just received a letter form Murph O'Brian (sic) with the State Department of Transportation stating that the State may be reinstituting their 50% share of the sponsors portion of the AIP projects. I have sent him a letter indicating what we estimate the cost of the over lay project and welcome his review of the project and hopefully obtain that 50% funding. C. Fish hauling is over, there are still a few flights going out. It was not a fantastic year for them. d. Terminal renovation - Mr. Kluge is working on the plans and it lookB like we are rapidly coming to the point that we will be reviewing that with him. je. The FAA maintenance department is in the process of moving out and,will be completely out by tomorrow. f. Also, thanks to Dana who is secretary to the airport also. Councilwoman Swarner: On streets-, -I assume -that Keith is responsible for stripes on the streets. There are some streets - - - where center --lines are more visible than others. Are they on -a- _ j regular maintenance schedule? PW Director Kornelis: No they are not. Up until this year the State has done the painting for us. L -.- f :F 41 :4 i r s iJ - r KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 20 We contact them and they come through. Councilwoman Swarner: in subdivisions also? PW Director Kornelis: It would if subdivisions had striping. The only we have actually done is Nain Street Loop and we changed the striping there. We don't have the equipment to do the striping ourselves. Councilwoman Swarner: The intersection across the street from that and Willow also. Birch Street is ok but getting faded. PW Director Kornelis: This is the first year the State has told us they won't be doing it. We are going to have to stake other arrangements, probably contract with a company that has a truck. We were hoping to get by this year before approaching the problem. J. DISCUSSION 1. Citizens a. Waldo Coyle: I live on Barabara Drive. As a point of information; Wildwood water, if they don't get it from the City they are going to have to haul it a long way. Their water is not fit to drink. My wife worked there for fifteen years and during that time the 1964 earthquake occurring causing chemicals to be flown down to treat the water. Use of Executive Sessions on a whim is against the State Title 29 and if you notice, the old Title 29 was composed of numerous suits, mainly because of Executive Sessions. You don't even have to leave the Council Chambers to have it classed as an Executive Session. Somehow or other you conceived to pass things without the public having full knowledge of what's going on. It could be constituted as an Executive Session and the whole thing thrown out. I would advise the Council to use a little discretion about the use of Executive Sessions. Those are used for finances and such that would endanger the City and contracts that are not general public knowledge. Tidelands are a valuable asset. You can thank Ruby for the work done towards that. Ruby Coyle also got a truck to haul water so that you would have a backup on the fire department and get your insurance rates down. For years we had a chief that didn't want to have a truck to haul water. I notice that the press gets a full packet, the same that is given /the Council but the public is denied that. I would like to see that corrected. b. Clarence Ladd: I want to speak for the Senior Citizens. There is a committee at the Center and some of the people are not being heard. At the last meeting I attended when I got up to - -speak 1-was told my time -was up . I will be writing another letter -- to the Council. L (71 i KENAI CITY COUNCIL AUGUST 17, 1988 { PAGE 21 l" ! We are setting up a foundation for the Seniors. We are in need of an attorney to handle the foundation. I was told a Mr. Thwait in Anchorage is a good private attorney and handles foundations. I think the Council should be informed about these things. { 4' 2. Council MOTION: Councilwomen Monfor waved to go into RXeautive Session of the Council of the City of Kenai concerning personnel matters that could have an adverse affect on People or departweats. I request the city Attorney join us, seconded by Councilwoman Bailie. Mayor Williams: Not having been informedofthis on what the matter would be I am almost inclined to refuse my participation. Councilwoman Monfor: I would be glad to inform you if you wish to call a recess. I was asked earlier today by the Attorney to do this. Mayor Williams: The Attorney has asked that this be called? Attorney Rogers: Yes. I have indicated I wanted to discuss the replacement and the ultimate decision involves the Council and other individuals. VOTE: Monfor - yes O'Reilly - yes Swarner - yes Williams - yes Bailie - yes Mccomsey - yes Council adjourned to the Executive Session at 9:25 P.M. f Council reconvened at 11:15 P.M. Fi Mayor Williams: The Kenai City Council, in Executive Session, after having discussed the issue of the hiring of an Assistant City Attorney, has decided to direct the Administration to go back out for advertisements, in a broader perspective for advertising and obtain other applicants. Attorney Rogers: With stringent requirements. Mayor Williams: A letter was distributed to the Council by the Mayor, objecting to the Council actions regarding the Task Force. It is the Mayor's contention that the Council has circumvented the code, Chapter 1.90.010. The Council is in disagreement and has faked that the Attorney enter into the matter. Councilwoman Monfor: I would like the Attorney to read that chapter to us. Attorney Rogers: "KMC 1.90.010, creation. All boards,_ commissions- and- cojoittess. created by the Council of the City of Kenai shall consist of seven members who shall be _nominated by the Mayor and confirmed by the City Council from i applications submitted to the City Clerk". The rest goes on about - the selection. L r- ■ T KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 22 I was privy to the Mayor's letter dated today and did some preliminary research, and, in fact, drafted a memorandum addressed to the Council and Mayor that addresses the issue. I will pass that out. In paraphrasing it.. From reviewing the minutes of the last meeting, and from my recollection of the last meeting of August 3rd. It was unclear to me .. the terms used were task force. Either intentionally or not, it seemed as if something was being created other than a board, commission or,committee. Board, commission, or committee wasn't mentioned at that time. I asked Councilwoman Bailie at the recess this evening if she had mentioned in conjunction with this, said something about a committee, I was asking "are you talking about the task force", and it appeared that she mis-spoke herself, is what she indicated to me. A board, commission, or committee under 1.90.040 talks in terms of three year durational terms, staggered. My recollection of the meeting was that this was specific goal oriented of short duration and at the conclusion of the task and advisory recommendations or whatever came back to Council, that there would no longer be a function for this group to serve. So I would ask the Council if that was their intent, in which case it is not a board, commission, or committee. If, in fact it is, then the Mayor must proceed pursuant to 1.90.010. If not, then you are doing something that is not really addressed. Councilwoman Monfor: I would like to reiterate, because you and the Vice Mayor were not here, it had been brought to our attention in a memo from the City Clerk that if we wanted anything to go on the October ballot it had to be in resolution form and approved by this Council tonight. The task force was selected for one reason only and hopefully it would have had its goals met in time to go on the ballot and the wording be done. In the course of the evening after this happened we found that it was not a realistic date and time frame and the Clerk said we talked about putting it on the November ballot and at that time we did not know we could not do that. We were relieved because that would give that task force at least another month to formulate a proposal. The names were made, people we had contacted and we felt that time was of the essence and we went forward. On my part as a Council person, I never thought this task force would last longer than three months.' It was the brainchild of Vice Mayor Measles, it was discussed prior to the last meeting, we were unanimous in the �ecision that this might be a solution to a very major problem. Attorney Rogers: I would address one other issue. If you look at the minutes, you will see that the motion was passed unanimously to -form this -task force. The -individuals designated to be on that task force was kind of in suggestion form, it was never ratified by -the -Council, and yet.I understand there has-been a -meeting -of-- these individuals. I think it most appropriate that at this time, the Council ratify and put on the record, the names of the people rFS , I (: 1 i KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 23 on that task force at this meeting. You have never actually appointed any one officially, even though, realistically they are { serving. I must believe there are people on it whose names are not of record at the last meeting. Councilwoman O'Reilly: Do we have minutes of the first meeting of the task force just to know who the people are. Attorney Rogers: I have the minutes of August 23rd where Councilwoman Bailie suggested: Duane Quellette, Eagle Rock; Dale Sandahl; Don St. John, Frank Getty, Leon Quesnell, Colleen Ward, and you have it from various geographic regions of the City. But then there were other names, I understand, of individuals on it that were not brought up. Kathy Godek, Peter Lyse, Ron Malston. Councilwoman Bailie: Ron Malston was on the original,. Attorney Rogers: Those were suggested and then there is a motion to go ahead with the task force but no confirmation of specific individuals. If you are going to proceed as a task force as opposed to a commission, committee, board, it would be appropriate to ratify those individuals end do it from the beginning. If, on the other hand, this is a board, commission, or committee, then we have to back way up to the nominating procedure. Of course if there is a disagreement between the Mayor and Council in the selection of those people. There is a procedure in KMC 1 for appealing a ruling of the Chair. I don't recall the vote but I think its a more stringent requirement than under normal circumstances. You have already said on the record that you want to have a task force and the Mayor's letter doesn't address the task force issue. It presupposes that you were talking of a body formed under 1.90.010 and if that's not the case then there doesn't seem to be a problem. Mayor Williams: The problem then exists with the membership of the task force. Councilwoman Bailie asked to read the list of names: Duane Quellette, Frank Getty, Kathy Godek, Dale Sandahl, Peter Lyse, Colleen Ward, Leon Quesnel, Ron Malston, Don St. John, Tom Wagoner, Rick Baldwin A total of eleven. r Attorney Rogers: Boards, commissions, and committees total are geven members. It is indicative that you aren't doing a board, commission or committee. Mayor Williams: _I -.object to some -of -the members .of the -group and since no one else objects. Councilwoman Monfor: Who do you object to? .Mayor Williams: I object to Leon Quesnel, Dale Sandahl, and Tom Wagoner. Councilwoman Monfor: Then you need to find someone from Thompson Park that's willing to serve. Attorney Rogers: It might be most appropriate to take each name and do a i i a. A t y r �t hi 4: 3 e KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 24 roll call vote on each name unless you wish to recess. Mayor Williams: To expedite the matter we can vote the entire list. If you are in agreement with the list and I am the only one not agreeing then it stands. Mayor Williams: The reasons I am objecting to Leon Quesnel, Dale Sandahl, Tom Wagoner is that none of those three are immediately affected by anything that is going to be done with this paving money. Councilwoman Bailie: They are not to decide what is to be done with this money, their task is to come up with the wording for a resolution that would be placed on the ballot that the people could vote on once and for all as to how the paving should be handled from now on. We thought, to be fair, that we include as many areas of the City as possible.* Thompson Park certainly is an area of the City that should be considered as they do not have water & sewer or paved roads. The same as people from McCollum Princess area, etc. We also needed a person that had a working knowledge of government which is why Ron Malston was asked. Tom Wagoner called and volunteered and lives in Thompson Park. Mayor Williams: One further objection I have with the procedure is that the minutes of the meeting state that ... Councilwoman Bailie: We don't have minutes of the meeting. Mayor Williams: The August 3rd Council meeting. "Councilwoman Bailie stated, it was suggested by Councilman Measles to have an initiative o the October ballot to vote on the process for regulating procedures for capital improvement projects". That portion, 'procedures for capital improvement projects' takes in the entire range of capital improvement projects. Councilwoman Monfor: We weren't speaking of capital improvement projects, we were speaking of paving. Councilwoman Bailie: I will take full credit for making a big mistake, I should not have said capital improvement projects. The ultimate task given to this force was that they would consider paving only and Mr. Brighton was there. Mayor Williams: The question before us is is the entire task force acceptable to the Council as you have named'. Councilwoman O'Reilly: I see Redoubt Subdivision is not represented where there are two people here from Thompson Park, is that coirect? Councilwoman Bailie: Leon Quesnel from Woodland we felt could represent the thoughts of the people in Redoubt. Under pimilar circumstance's of subdivisions that have utilities and people have paid for the improvements. VOTE: Monfor - yes -- O'Reilly - yes -Swarner -- yqs- Williams - no Bailie - yes McComsey - yes L r) I K7 i KENAI CITY COUNCIL AUGUST 17, 1988 PAGE 25 K. ADJOURNMENT There being no further business, the meeting was adjourned at 11:35 P.M. STEVE COwPER OOVCRNOR �1 STATE of AL.&sKA ORPICC OF THB GOVERNOR JuIgUAU August 150 1988 The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: Thank you for the City of Kenai's letter recommending Sue Carter for appointment to the Alaska Tourism and Marketing Council. Governor Steve Cowper will be informed of the City's endorse- ment when he reviews the candidates' resumes. Be assured that the Governor will fully consider the City's comments. Again, thanks for personally informing this office of the City's recommendation. Sincerely, MIW4., VAM*aw Sheila K. Gottehrer Director Boards and Commissions do k Z r dal.'8dLL8ZyL� In 7 1 I 1 q L= UgiIeT. OF CI0MMUNITY REGIONAL AFWAIRS MUNICIPAL b AEGIONAL ASSISTANCE DIVISION S ' t 0 90E. Xth AVENUE' SUM 000 U P.O BOX 30 0 Ra BOX M U 1001 NOBLE ST. SUM, 430 ANCMOAAOE, ALASKA 093084M BETHEL. ALASKA 996696OW DILUNOHAM, ALASKA 90SM0206 FAIRBANKB, ALASIU 9970f 19I8 - PHO W. MM W14310 PHONE: fVOn 61344?5 PHONE: (007) "2-6136 PHONE: 07) 1024120 0 P.O. BOX ON CI f10 MILL BAY RD. 0 P.O. COX 360 Q P.O. BOX 01 JUNEAU ALASKA M114110 KO:UK ALASKA 990164NO KOTZEBUE, ALASKA 097524M NOME, ALASKA 99fE2.00Af PHONE. 1o071414td167 PHONE: (90?)I650760 PHONE (ODn 4"4? 0 PHONE (IDTI N2S606 ` 4� August 15, 1980 �Q>>121314�5 X a3 CERTIFIED/RETukv RECEIPT REQUESTED , C,-,9GC ' N isms 1 The Honorable John J. W it �•� Mayor of Kenai6� 210 Fioatgo Kenai, AK 99611 } Dear Mayor Williams: RE: FY 90 STATE REVLNUL SHAKING PUPULATIUN Dt1EUh1NATIUN The Department of Community and kegional Affairs is chargea by statute with determining the population of your municipality for State Revenue Sharing Program purposes. Department regulation 19 AAC 30.042 states in part: No later than August 15 of each year, the airector i will mail to each municipality the determination of the municipality's population. The population of 6,546 has been determined for your ;- municipality for FY 90 State Revenue Sharing Program purposes. :...y. Written requests for adjustment of this determination must be postmarked no later than November 1, 1988. Final municipal populations will be certifiea on or bea:ore Lecember 15, 1988. The request for asjustment must be substantiates by the municipality inan_approved method as set out in regulation ana describea in the enclosea booklet. This booklet includes the - - - - --- following: 1. .. V-P4N , Y a i. i The Honorable John J. Williams August 150 1988 Page Two 1) a aescription of the population determination procedures, 2) a copy of the recently aaopted regulations as sent to the Attorney General prior to tiling with the Lieutenant Governor, 3) instructions and Corms to conduct a local census, 4) ana a sample population*resoUtion adopting the results of the .locally conducted census. if you should have any questions, please call bill kolfzen or Paul Cunningham at 465-4733.' Sincerely, Marty Rutherford Director Enclosures cc: Jim Sanders, LGS, MkAD, Anchorage c C- — -0 0 g_�-7-sg' r F i, r: i Resource Developmen _ 1 • for Alaska, Inc. f Ip 111111, A��p. Alak 11111�111- IIIR�w�rr , f «you I"" ,N, August 19, 1988 ��'vG v o�w� Mayor John Williams and City Councilk c��`��.�Yj City of Kenai fir,210 Fidalgo s1.2`.1Eo�6Z Kenai, AK 99611 Dear Mayor Williams and City Council: Thank you for renewing your membership in the Resource Development Councib. Now• more jhD dyer• your support is vital to reaching our goal of diversifying the economy to create jobs and a strong future for Alaskans. Thanks to members like you, we are able to educate people about Alaska's economyr its future and the positive actions needed to promote economic expansion. RDC is working to implement the actions recommended in its report, j2g Strategies L" Advancing Ala_ spa Economy. 1986-1990, As a member, you have the most direct impact on issues through participation in division activities. The results of committee work, testimony preparation and regular division meetings have been the "bread and butter" of RDC's policies for achieving positive change. RDC couldn't have come this far without ygij--thanks for your support. We look forward to continuing this partnership as we advance our program of strengthening Alaska's economy. Sincerely, RESOURCE DEVELOPMENT COUNCIL for Alaska, • Inc. Becky L. Gay Executive Director -- -- �---A r• I sa r G V4. 0 t 1��ir 44 MEMO TO• ''Tim Rogers, City Attorney FROM: Charles A. Brown, Finance Directore&?A DATES August 30, 1988 RE: Morgan/Golf Course Lease At the August 3, 1988 Council meeting, Dick Morgan spoke concerning his lease and the property taxes on the golf course. Council discussed this at some length and, I believe, no motion was made. There was a request that something be brought back to Council. I wrote a memo on August 10 and placed it in the August 17 Council packet that addressed Mr. Morgan's first concern, the starting year of >` the lease on the second nine holes.. I believe this issue is clear: he owes the $500 rent for 1988 for the second nine holes if, and only if, he opens the second nine holes to the public in 1988. Of course, Council could amend the lease to make the first payment in 1989, regardless of the opening date, but I see no reason to do so, nor do I see a public benefit to having the taxpayers "pay" his lease (by not having the revenue in the General Fund). By the way, Mr. Morgan has still not provided a letter to me stating that he will not open the - - second nine holes this year, as he said he would at the August 3 meeting. The second issue that Mr. Morgan raised was the property taxes billed to him by the Borough. You were to report back on this subject. It appeared that some members of the Council would like to see the taxes waived in some way or the rent reduced to make up the difference for Mr. Morgan having to pay taxes. Mr. Morgan seemed surprised that the Borough and the City believes he owes property taxes. I recall a discussion involving you, Mr. Morgan, an employee of National Bank of Alaska, and myself (although not all at one time in one room) that involved Mr. Morgan obtaining financing from NBA for the golf course development several years ago. NBA wanted the City to waive property taxes, we refused, and NBA wouldn't loan the money. Now, Mr. Morgan claims he never believed that he ! would owe property taxes. Perhaps he has simply forgotten these prior events. Please search your files for a memo from NBA on this topic. �. In any case, I can see -no benefit to the public or the taxpayers in1 either waiving his taxes (if, indeed, we even have such a power), or lowering hie rent, which is substantially the same as having the other taxpayers of the City pay his taxes for him. I understand that we s can't prevent the Council from lowering his rent, but I'm hoping that the Administration will advise against it. /tmh cc: William J. Brighton, City Manager � l Yr. - F. i� f( 1' . 1791-1991 CITY OF KENAI „od eapd4d of 4"" 110 PIDALAO KENAI, ALASKA 99611 TELEPHONE268.M6 FAX 907.28M14 MEMORANDUM` TO: Charles A. Brown, Finance Director City of Kenai -- FRO #Pimothy J. Rogers, City Attorney City of Kenai DATE: September 2, 1986 RE: Morgan/Golf Course Lease ' As a result of the presentation by Mr. Morgan at the August 3, 1988 Council Meeting, the apparent desires of Council to make some financial concessions to Mr. Morgan, and your memorandum of August 30, 1988, I have reviewed the lease files in this matter. First, the schedule of rent payments commencing upon the opening of the second nine holes to the public is as stated in your memorandum. Insofar as deferring or waiving this first payment until 1989 is concerned, I find no legal reason to do so, to the contrary, I find a private benefit being conferred on Mr. Morgan and a public detriment in the legal sense of the word, in the form of lost revenues the general fund would otherwise be entitled to pursuant to contract. The second matter that you address are property taxes on the leased'premises. Mr. Morgan has already spoken at length with you on this matter, has spoken with the City Manager, and has ,spoken with the Borough. Both you and the City Manager have conferred with me on this matter and I have concurred with both of you that it is not within the City's power, nor would it be appropriate to exempt Mr. Morgan from paying taxes on his leasehold estate, which leasehold runs for at least twenty years. The golf course lease was, as Mr. Morgan has indicated in his presentation to the City Council on August 3; 1988, fashioned - ---------- L law li; f.: i:. k t , after a sample lease published by the National Golf Foundation, which he provided and which was° utilized in the request for proposals. While the sample lease provided deleted verbiage which would have exempted this property from the tax roles, this modification was not done in jest as suggested by Mr. Morgan, but rather for the express purpose of making sure that this property was treated the same as any other leasehold estate concerning City -owned lands. I have urged the Council not to consider further an exemption from taxation in this matter, but rather, if they desire to financially accommodate Mr. Morgan, that they do so by adjustment of the lease rate even though I see no legal justification or necessity to do so. Not only is the final lease document primarily one furnished by Mr. Morgan initially, which became part of the request for proposals, but the Council accepted modifications to the bid documents by conforming them to the proposal made by Mr. Morgan, which otherwise would have been non -responsive. Furthermore, the Council then subsequently, at its June 4, 1986 meeting, approved a request from National Bank of Alaska, dated June 4, 1986, for an unconditional and total subordination of the City's interest, which request was ultimately withdrawn. �-` I have attached to this memorandum, a copy of Mr. Morgan's hand- written presentation to the Council of August 3, 1988, with the two attachments that he provided; a copy of AS 29.45.030 concerning the taxability of leasehold interest to the extent of the interest; a copy of your memorandum to me of July 5, 1988 concerning taxability of the leasehold interest; a copy of the Kenai Peninsula Borough's letter of June 30, 1988, signed by Jack Cline concerning taxability of a leasehold interest; and a drafted addendum to lease which would modify the existing payment schedule for the two parcels comprising the golf course from the present schedule, which varies from $500 to $10,000 per year per parcel as shown on page 3 of the lease documents which are also attached hereto. For the reasons stated in both your memorandum and this memorandum, I recommend against such a modification or concession on behalf of the City. TJR/clf Attachments -2- 7 b l f3 w p 7-a s7 �t TQ o o+ r if rr? �br.. w %,o P m v r f o,.p ao"a.aa' A-AOo r Yv�•e /4 d .T I � j7�N t..d / .V A C.c, v l0 ��% O JG /!• C �I!'� . 7'k t t v .� .► �twe�-.o.� o � -t r..e. b ...ak - r� ..� o w !+, d� hi I /! e'o •w p arr�' 'T ♦+�e' eri a ►r7-crfr•'J /3 u c. 6' oo �.c •a s u !� p L. a y W p J O M Er'.i owr D y T Pp 4r it .v a ar.rs a b Axy �f'KI`►/:O's W @r A* a V cr /#'AO . T Ng vim . w O 1ZIL l;J c ors p`r7Y.D japv I&. __ /y i w+ p X. .q-tLC �i4N:Q0 At" o a,to�r.w+c x d•Qor r>♦ a i��. r�,•.�rr N►4iiv,'>~( vG r,ttr 1.+riew. 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"operating sC 1 nuin the Pori, d .or the purpose of this season" o! time in any calendar year commencin; on the date when LESSEE shall open its facilities for use and rnjoynent the ptihlic and ending on the - data when the LESSEE shall close its facilities to the public. rrarcentaga payments due the AUTHORITY shall be based on gross receipts, ;!exclusive of State of sales taxes. and shall be paid monthly iti--on or before the 15th day of the month. covering the receipts of the Moath, and shall be aecorpanted by :t statement showing detailed �eL1Previous ` receipts._ BeTore 12:00 noon each day the LESSER• shall furnish the ••L-A::FORITY or ivs reprosoncative a statement at; evidenced by cash register •j a:td vending machine readings. showing gross receipts from all transactions t ca.'.a in the course of the pr.vious days business. _ __SSE= agrees that all articles sold or used under this Lease shall be pure and of good quality. and shall be subject to the approval of the ;Z: HORITY. All charges and fees of the LESSEE and the weight and/or valuate of all servings of foodstuffs and refreshments shell be subject to :o:iaL and approval by the AUTHORITY. The LESSEE shall keep the ccaa of accounts and records of all operations a-d• eeta:•lish a syscar. of bookkeeping and accounts in a manner considered to be good accounting practice according to titer American Institute of Certified Public Accountants and satisfactory tar the AUTHORITY, and shall permit inspection of said books and records by, the AUTHORITY, or an audit: :irm retained by the AUTHORITY, as sites as is deemed necessary in the opinion of t AUTHORITY. The LCSS__ shall submit at the end of each year' by the AUTHORITY. a profit and loss statement of operation: user this lease agreement.in a fo:m : nsidarad to be good accounting CF:actice according to the A=arican i»s:itute of Certified Public Accoun,_:' and satisfactory to the AUTHORITY. ite-iling payroll costs, operating, an. ,. other expenses. ` ti l Cie mises under this Lease are owned by the AUTHCRITY� have been removee tax rolls and are not subject to taxatip However. it is com- ed that LESSEE shall ba subjac: row tialrra;;� taxation upon all.l property owned by LESSEE an,d used on -Tr in cornea:ion with thePremises. LESSEE covenants to pa;• ' .t taxo:= as m:ay be lawfullyd against such personal p:o ersv. ARTICLE VI1 i' Possession and Maintenance LESSEE shall have sole possession of. and resronslLility tar waincenance `. of the Premises. Including all improtiezen. costt:ucca3 thereon. The : AUTHORITY shall have the right to in: poet t:te Premises ane tr impotte reasonable regulations to insure proper care. maintenance. and upkee; of the Premises. The degree of maintenance shall be itr keeping with athe �iZTlt6Rii`-golf courses. The AUTHORITY, through its D•` f4e:t:ic.'shall have '[fie righeto require chat he Prenises and improvements thereon meet general standards of ocher ::._tt0F:7:`;� owned and operated golf courses. The AUTHORITY shall advise the LESSEE in writing of_;tny�deficiency in e_aint_e-nance o_f _tile Premises. 4_4-tTie deficiency il0v •correcce zbr ( � L C LESSEE:within third (101) days,, or within an appropriate period as ray "�i otherwise agreed,r..the matter hall be submitted to a coapetent arbitrate_ ._.. ..... ..�. - +ter L.� 0-1 ,; 0 LESSEE shall pay to the City as rent,for the'use of the Premises the followings aperatinQ Season Annual Rent First $500.00 Second Through•Fifth $11000.00 Sixth Through Eighth $2,500.00 Ninth and Tenth $5,000.00 Eleventh Through Remainder of Initial Term $7,500.00 Additional Term.of Lease 8101000.00 For the purpose of this Lease, "operating season" shall mean the Period of time in any calendar year commencing on the date when LESSEE shall open its facilities for use and enjoyment by the Public and ending on the date when the LESSEE shall close its facilities to the public. The required minimum "operating season" shall be from June 15 to October 1 of each year unless otherwise agreed to by the Kenai City Council. LESSEE agrees that all articles sold or used under this Lease shall be of good quality and shall be subject to the approval of the CITY. For the initial two years of operation, commencing with the 1988 season, green fees shall not exceed five dollars ($5.00) per person for nine holes of golf. Green fees subsequent to the. first two years of operation shall be set at 'the sole option of the Kenai City Council upon petition of successful bidder. LESSEE may charge reasonable fees for other uses during the golf season upon approval of Council. The premises under this Lease are owned by the CITY. However, it is contemplated that LESSEE shall be subject to taxation upon all personal property owned by LESSEE and used on or onnection with the leased Premises. LESSEE covenants to pa an taxes as may be lawfully assessed against such personal prop y. ARTICLE IV Possession and Maintenance LESSEE shall havelh'ole possession of, and responsibility for maintenance of the Premises, including all improvements constructed thereon. The CITY shall have the right to inspect the Premises and_to-_impose reasonable.regulations.to insure -- -- proper care, maintenance, and upkeep of the Premises.• The degree of maintenance shall be in keeping with other -golf courswa._-The CITY, through its City Manager, shall have the right to require that the Premises and improvements thereon meet general standards of other municipally -awned and operated -golf courses. The CITY shall advise the LESSEE in writing of -any deficiency in maintenance of the Premises. The deficiency shall be corrected within thirty (30) days, or within an approurieto ..e.-4..A--•- [! t L c-- ¢ 29.45,030 ALASKA STATUTes if 29.45.030 (b) Compliance with the provisions of this section is a prerequisite to receipt of municipal tax resource equalization assistance under AS 29.60.010 -_ 28.60,080 and state aid for miscellaneous manic¢ vices under AS 29.60.100 -_ 29.60.180. The de pal ser. annual allocations under those sections until municipal ofifc)� onstrate that the requirements of this section have been met. (¢ 12 ch era. 74 SLA 1985) See. 29.45.030. Regaired exemptions. (a) The following property, is exempt horn general taxation: (1) municipal, state, or federally owned exvate leasehold, contract, or other interest in the per• ceps that a pri. the extent of the interest; P P rty is taxable to hold) household furniture and Personal of%cts of members of a house. (3) Property used exclusively for nonprofit reli religious, cemetery, hospital, or educational , charitable, (4) Property of a nonbusiness organization lcomp ed entirely of per. sons with 90 days or more of active service in thearmed forces of the United States whose conditions of service and se . or the property, of an auxiliary Aeration were other than dishonorable. ery of that organize. (8) money on deposit; (6) the real property of certain residents of the state to the extent and subject to the conditions provided in ; (7) real Property or an interest in real (e) of this section taxation under 43 U.S.C. 1620(d), as amended that exempt hoe (b) In (a) of this section, "property, used exclusively for religious Purposes" includes the following Property owned by a religious organi. zation: (1) the residence of a bishop, pastor, priest, rabbi, minister, or reli. gious order of a recognized religious organization; (2) a structure, its furniture, and its fixtures used worship, charitable purposes religious adminietrativeleoyilic r ublic gious education, or a nonprofit hospital; reli- (3) lots required by local ordinance for parking near a structure defined in (2) of this subsection. (c) Property described in (a)(3) or (4) of this section from which income is derived is exempt only if that income is solely from use of the property by nonprofit religious tional groups. If used by non 'charitable, hospital, or educe. exempt only if used exclusively for classroom fit educational groups ace the property is (d) Laws exempting certain property from execution under the Code Of Civil Procedure (AS 09) do not exempt the property from taxes levied and collected by municipalities. 100 a V4n-v M :" A r MEMO TO: Timothy J. Rogers, City Attorney FROM: Charles A. Brown, Finance Director DATE: 7/5/88 a ce SUBJECT: Golf Course Lease One day within the last two weeks, Dick Morgan came to the Finance Department to talk about his leases on the golf course. During this discussion, he mentioned that he had received a tax valuation notice from the Borough on the real property leasehold interest at the golf course. He indicated that he believed that he wouldn't owe any real property tax. We reviewed the lease (portion is attached). I told him the clause in question did not exempt the leasehold interest from real property tax; In fact, real property tax is not mentioned. He said he wouldn't pay the tax. I called the Borough Assessor and asked him to research this. Today, Don Gilman called me and we discussed this. He said that the ..City, in his opinion, couldn't contractually exempt ei property from taxation. I said that I don't believe we did so, nor did we intend to do so. We consider the property taxable, just like any real property ► we lease. • � f�a'1.CR/ i in L i I Ff INS Room$ owAnoaar CW OF KM eases- -- e"Aftuwul mx<nw l;. r ICU 0265°=�£ 123( t fecilities.to the public. The required minimum "operating season" shell be from June 15 to October 1 of each year unless otherwise agreed to by the Kenai City Council. LESSEE agrees that all articles sold or used under this Lanes shell be of good quality and shall be subject to the approval of the CITY. for the initial two years of operation, commencingg with the 1987 season, green fees shall not exceed five dolisra ($S.00) per person for nine holes of golf on weekdays or six dollars ($6.00) per person for nine holes on weekends and holidays. Green tees *ubesquent to the first two years of operation shall be set at the sole option of the Kenai City Council upon petition of successful bidder._ LESSEE may charge reasonable fees for other The promises under this Lease are owned by the CITY. Nowever, it is contemplated that LESSEE shall be subject to taxation upon all p*rsonsl prop*rt owned by LESSEE end used on or in connection with the leased Premises. LESSEE covenants to pay enr taxes as may be lawfully assessed against such personal property. ARTICLE IV Possession and Maintenance LESSEE shell have sole possession of, and responsibility for maintenance of the Premises, including all improvement• constructed thereon. The CITY shall have the right to Inspect the Premises and to impose reasonable regulations to insure proper cars, saintenance, and upkeep of the Premises. The degree of maintenance shall be in keeping with other golf courses. the CITY, through its City Manager, shall have the right to require that the Promises and Improvements thereon most general standard• of other owned and operated golf courses. The CITY shall advise the LESSEE In writing of any deficiency in maintenance of the Premises. The deficiency shall be corrected within thirty (30) days, or within an appropriate period as may be otherwise agreed. ARTICLE V Operation A. In its operation on the leased promisee, LESSEE shall observe all applicable federal, State and Municipal laws and shall take such Setione se may be necessary to the protection of health, safety, and well-being of the public. 9. LESSEE shall at its expense, meet the requirements of local and state health departments covering the handling and dispensing of food and beverages. Adequate toilet facilities in accordance with the plans and specifications shall be provided at locations on the golf course and at the clubhouse. Refuse and waste asterlale shall be handled as required -by applicable -state and local law*, ordinances and regulations. C. LESSEE agrees to pay all public utility bills for electricity, gas, water, and any and all other utilities used or eonsusede. on the Prsmiese and to procure at its expense all motors and permits necessary for making connections and continuing utility services. 0. For purposes of promoting the facility the CITY may from time to tlae_join with the 6ESSEE.In holding --major golf tournaments of State and National significance. — - LCA-4 LESSEE CI TY 1 L j C C. :•1 :l KENAI PENINSULA BOROUGH 144 N: BMKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 • �rr June 30, 1988 :r.- 93o33'123.g vG�c°� � 36•.� DON GILMAN MAYOR City of Kenai q F��yo -: - - -- - 210 Fidalgo Kenai, AK 99611 ,g�26t81L�9� ATTN: Charles Brown Director of Finance ,;•, • r RE: Kenai Golf Course Property h* " Dear Charles: 8 s IN regards to taxationkof the Kenai Golf Course, it is my opinion ,.� .., that this property his a "private leasehold interest" in municipality -owned property, that is taxable to the extent of that interest, according to A.S. 29.45.030 (a)(1). ��`'.•'` No appeal was filed 0. "on the basis of tax exempt property", before April 30, 1988. If I can be of any fu�•ther assistance, please don't hesitate to call Sincerely, Ili �.•' Jack Cline Director of Assessing:). Ic: G.. "_1 i •fit .-. ��i• t: F AWNnUM.. To:. MINA ._,F.ICYOU s3 A^f?-.tp-GKQpZUQffl-;A- L9-&PL-AKQL-CP-N X=QN. AGREEMENT- �Ah� ,j w._ HUM IPAL GbLF CQ41RSE AND RECREATION AREA JDULEASE AN4?-"- C.-.S.��ON AGREEMENT This Addendum to Lease* made and entered into thia __,_„�, day of w-, 1988, by and between the CITY OF KE.NAI, hereinafter, referred to as CITY, a body corporate under, the Inws of the State of Alaska, with offices at 210 Fidralpo Street, Kenai, Alaska, 99611, and RICHARD I. MORGAN. hereinafter referred to as the LESSEE, do hereby enter into Band make modification to those certain leases known as Kenai Municipal Golf Course and Recreation Lease and Concession Agreement and Kenai Municipal Golf Cournej and Recreation Area No. 2 Lease and Concession Agreement, the forrner recorded in Book 0265, be ciinninra -it Naar 720 and the letter being recorded at Book No. 037 ]., ccrmmerncinu at PHoe 134 as follows: 1. That Article III, P arapraph D Is hereby mutiaa f l y rescinded and rewritten and amended insa•r,ar as provided here:infifter concerning the annual rent payable raa to Hach parcel contained in the two lease documents reforrerd to herein. Thee nnnua.l rent payable shall hereinafter be as follows: Operating ~1' Annual First $1, Oar). 00 Second Through Fifth $11O00.00 Sixth Through Eighth $1, two. 00 Ninth and Tenth ti ririn rrri 1 - ADDENDUM Eleventh Through Remainder of Initial Term Additional Term of lease CITY OF KENAI: BY: Wm. J. Brighton City Manager $1.GUU.Do LESSEE:: Al �107V Richard I.«Ma7r08n STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on thus , day of 1988, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having Produced satisfactory evidence of identification, 44eared before me and acknowledged the voluntary arui r�uthari�erd�:'�e�Ceicut:ic,r� of the foregoing instrument on behalf of aai.d Gi.ty. _..... ..........._ __ .._...».............................. .... ............. No Public for Alaska. My Commission Expires: .._............. ._..., STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day Of _.�....._...... __� . 1988, RICHARD I. MORGAN, 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 Pa�biic for Alaskd._-»�••�»� MY Commli%i-A.on Expires.: ADDENDUM L.� i =91.1 ram 1 F Y TIM MONS on ATTWO CITY OF KENAI 0 OMRIn ■tNM, MAtY,1e11 tans C, ( eeer0265°1111720 KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA LEASE AND CONCESSION AGREEMENT THIS LEASE, made and entered into this ith day of June, 1965 by and between the City of Kenai, hereinafter referred to as CITY, a body corporate under the laws of the State of Alaska. with offices at 210 Ftdalgo Street, Kenai, Alaska, and Richard I. Morgan, hereinafter referred to as the LESSEE. WITNESSETHt That for and in consideration of the rent to be paid by LESSEE end the conetruetion of golf facilities and other improvements and surrender of the same in good condition to the CITY at the termination of this Lease and the other consideration given by the LESSEE herein. the CITY hereby leases to the LESSEE, and LESSEE takes and leases in an "as le" condition from the CITY, that area of land described and shown on the attachment labeled Exhibit "A11 and made a part hereof, which Exhibit "A" is, at the time of execution of this Lease, a Preliminary Drawing for Field Survey, to be replaced, at a later date, by a field Survey, which shall be produced by the CITY, and which shall be conclusively established as having been approved and accepted as a part of this Lease by the presence of signatures on behalf of the CITY and the LESSEE thereon. Said leased area shell hereinafter be referred to as "the Promisee." TO HAVE AND TO HOLD the same Premises unto LESSEE, subject to the conditions and covenants herein contained, for the term of years hereinafter specified. The parties hereto further covenant and agree as followat ARTICLE I Term of Leese The initial term of this lease shell be twenty (20) yeareq commencing the seventh day of June, 19050 and terminating at midnight on the 319t day of December, 2005. Upon termination of this Lease, each of the improvements listed and described under Article III, Paragraph A, shall be and become the property of the CITY and further upon the termination of this Lease, all buildings constructed by LESSEE on the leased premises under provisions hereof and all fixtures appurtenant to such buildings shell be and become the property of the CITY. ARTICLE II Option to Renew Upon completion of the twenty (20) year initial term of this Lease. the LESSEE at its option, may renew this Lease for an additional term of ten (10) years, subject to the conditions end covenants- contained herein. LESSEE'S option to renew ahall.-be.- exercised by notice in writing to the CITY, at leeet six (6) months prior to the termination of the twenty (20) year initial term, and said option Shall expire and cases if not so exerelsed.- LCA-1 LESSEE tldJlL CITYt ARTICLE III Purpose and Improvements LESSEE shall provide for the construction and operation and r maintenance of a public golf facility end appurtenances, and the Promisee shall be used only for such purposes unless consent to some other use In obtained from the CITY in writing. It to anticipated that areas not being utilised for golf will be available to the public without chargge for jogging end other uses not Inconsistent with or in frustration of the premiere primary use as a golf course. " LESSEE shall cause to be designed, constructed, and installed upon and within the Promisee, st a value of not lose then THREE HUNDRED THOUSAND ($300,000.00) DOLLARS and at no cost to the CITY, the improvements listed and described under Paragraph A of C this Article M. The preliminary plane prepared by LESSEE and approved by the CITY shall constitute the Master Plan for development of the Promisee. Construction shall be started in accordance with the terms of this Lease not later then thirty ' (30) days after the date hereof and shall proceed with due diligence until completed within one (1) year and one hundred twenty (120) days from the date hereof. _ A. Re wired Construction. LESSEE covenants that he will construct the o owangt f 1. Regulation 9-Hole Golf Course. A regulation 9-hole golf course will be constructed on the Premises, the design and ! ' subsequent construction of which shall be equal to other courses 1 p existing in Alaska. The design shell incorporate a minimum 99 yardage of 3,000 yardei the par shall be 361 the turf green• l shall each contain a minimum area of 5,000 square feetl the layout and construction shell conform with the best practices and with applicable U.S. Golf Association recommendations. k{{ 2. Practice Putting Green. A practice putting green {j will be constructed on the Promisee. The design shall contain a minimum area of 5,000 square Peet; the surface shall be of the same turf so the greens on the coureai the construction shall conform with beat practices and with the applicable U.S. Golf Association recommendations. JI 3. Practice Driving Range. A practice tee and fairway with provision for a minimum of Six (6) tee spaces will be y constructed on Promisee. Design of this facility shell include provision for increasing the capacity If space requirements will permit. 4. Buildings. A clubhouse building, with a floor area of not less than 1,300 square feet, which will Include restroome end facilities for a pro -shop and for sale of food and refreshments will be constructed on the Promisee. All buildings constructed on the Premises shall conform to all levee, rules, regulations and ordinances applicable to safety and accessibility of physically handicapped. The building construction shell provide for accommodating maintenance equipment and storage. S. Roads and Parking. A surfaced access and entrance road shall be provided to the clubhouse area from Lawton Orlve, • ;� the northern boundary of the Premises. Surfaced parking areas !o } accommodate a minimum of 60 care shell be provided in close l proximity -to the -clubhouse, -with-handicapped- perking provided -in - - - the mart easily accessible location within the parking area. The i. surface shall be of comparable construction to Lawton Drive as !t - — - - -- - --- -- - TIM Poona-- exists at the time of golf course construction. ' anMOVAT LCA-2 CRY OF KEwu ro,mfb uwu. �MMANGu LESSEE t i CITY1 i' r i is ji •� �: •' , t F—f E c E ;g Y — 1 Ito ROOERS i,,v/ Oh�ngMr cnr OF atruu , o 0200 uwu. AUMA 9161, worm ii Space for future surfaced parking for additional core and an overflow peeking area, in accordance with parking requirements of the Kenai Zoning Code, shall also be provided in close proximity to the clubhouse. Planning shall include s surfaced access and entrance road to the above -mentioned pecking erase from Lawton Drive. 6. watering System. A watering system of sufficient capacity will be provided for all tees and greens. 9. Lack of Facilities. LESSEE eholl be responsible for cc to of any mprovements on the premises, including but not limited to voodoo water and eswer. CITY agrees to extend water and sewer mains along Lawton Drive to the proposed access road location serving the clubhouse building site and provide the appropriate stub outs. Said construction shall be completed by July 10 1986. C. The LESSEE agrees that the golf course and the other improvements provided fat herein shall be equally available to all members of the general public without discrimination. Any discrimination by the LESSEE in the dispensing of food and beverage as provided for heroin or in the use of any golf facility hereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease. Signs advertising the golf course shall indicate that the facility is open to the general public. 0. The LESSEE agrees that he will not discriminate against any employee or applicant for employment, to be employed In the performance of this Lease with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona fled occupational qualification or because of race, sex, religion or national origin. LESSEE understands that any such discrimination shall be deemed to be a materiel breach of this Lease. Lessee shall pay to the CITY for the use of the Premises the following rent for each nine -hole course constructeds Operating Annual Season Rent iqY7 First f 500.00 Second through Fifth S 1,000.00 Sixth through Eighth = 2,500.00 Ninth and Tenth : 5,000.00 Eleventh through remainder of initial teem : 7,500.00 Additional Term of Lease $10,000.00 LESSEE intends to apply for two beverage dispensary licenses and the LESSOR hereby gives its non -objection, provided LESSOR is named on the Licensee end is indemnified against any lose as hereinafter provided. For the purpose of this Lease, "operating season" shell mean the period of time in -any calendar year commencing on -the date -when LESSEE shell open its facilities for use and enjoyment by the public and ending on the date when the LESSEE shell close its LCA-3 LESSEE tv 10. CITYtj`� Fr 's. f w Tim RGOEIIs cow An01w1. CRY OF KENAI 1 O WE w, qwu, Avwu voen »tree C C 1EEVE65►:f-023 facilities to the public. The required minimum "operating season" shall be from June iS to October 1 of each year unless otherwise agreed to by the Kenai City Council. LESSEE agrees that all articles sold of used under this Lease shell be of good quality and shall be subject to the approval of the CITY. For the initial two years of operation, Commenoinwith the 1987 season, green fees shall not exceed five dollsts 70- 00) par person for nine holes of golf on weekdays Or six dollars (f6.00) per person for nine holes on weekends and holidays. Green fees beequent to the first two years of operation shall be not at che sole option of the Kenai City Council upon petition of successful bidder. LESSEE may charge reasonable fees for other uses during the golf season upon approval of Council. The premises under this Lease are owned by the CITY. However, it is contemplated that LESSEE shall be subject to taxation upon all personal property owned by LESSEE and used on or in connection with the leased Premises. LESSEE covenants to pay any taxes as may be lawfully assessed against such personal property - ARTICLE IV Possession and Maintenance LESSEE shall have sole possession of, and responsibility for maintenance of the Premises, including all improvements constructed thereon. The CITY shall have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of the Premises. The degree of maintenance shall be in keeping with other golf courses. the CITY, through its City Managers shall have the right to require that the Premises and improvements thereon meet general standards of other owned and operated golf courses. The CITY shall advise the LESSEE in writing of any deficiency in maintenance of the Promisee. The deficiency shell be corrected within thirty (30) days, or within an appropriate period an may be otherwise agreed. ARTICLE V Operation A. In its operation on the leased premiees, LESSEE shell observe all applicable federal, State and Municipal laws and shall take ouch actions as may be necessary to the protection of health, sefety, and well-being of the public. 6. LESSEE shall at its expense, meet the requirements of local and state health departments covering the handling and diepensing of food and beverages. Adequate toilet facilities in accordance with the plans and specifications shall be provided at locations on the golf eouese and at the clubhouse. Refuse and waste materials shell be handled as required by applicable state and local laws, ordinances and regulations. C. LESSEE agrees to pay all public utility bills for electricity, gae, water, and any and all other utilities used or consumed, on the Premises and to procure at its expense all meters and permits necessary for making connections and continuing utility services.___.. 0. for purposes of promoting the facility the CITY may from time to time join with the LESSEE in holding major golf tournaments of State and National significance. - LCA-4 LESSEE0_.99� CITVi �l W i s y is 1 �{ 1}�t fiM aca"s bW A"C"T CITY or mtew roMto rlwu, MAW wm1 Mn" r i ect.rQ265pri724 E. LESSEE agrees that winter usage (November 1 through May 1) of the golf facility by the public for purposes consistent with CITY policies of winter us" on gulf courses will be permitted excepting the clubhouse, teas, and greens areas, which will remain closed unless otherwise agreed to in writing) provided, however, that damage to the promisee resulting from such authorised winter usage shall be repaired at the expense of the CITY. ARTICLE VI Insurance During the term of this Lease, LESSEE shall procure and keep in forcer or shell where appropriate, require LESSEES contractors and subcontractors to procure and keep In farce, the following insuranceal A. Workmen's compensation insurance, sufficient to meet State of Alaska statutory requirements, including $100,000.00 employore liability coverage, protecting ell employees of LESSEE and employees of Ito contractors or subcontractors during the term of this Lease. B. Comprehensive general liability insurance, including product with limlte, as to bodily injury liability, of $1.000,000.00 for each occurrence and $1,000,000.00 in aggregate end, ee to property damages, liability of $100,000.00 for each oocurrence and f100,000.00 in aggregate. Insurance policies required by this paragraph shell name LESSEE so Insured and the CITY as an additional insured. Such insurance shall be made effective prior to the beginning of construction on the golf course and shall cover construction and, thereafter, operation of the improvements on the Promisee. C. Comprehensive automobile liabilitinsurance with limits, as to bodily injury liability, of 1500,000.00 for each person and $1,000,000.00 for each occurrence, and, as to Property damage required by this paragraph shall name the CITY as an additional insured. 0. fire, Vandalism, Malicious Mischief, and extended coverage insurance covering all buildings constructed by LESSEE during the term of this lease in an amount equal to at least eighty (80%) percent of the full insurable replacement value of •uch building above foundations. Such insurance policies shall be issued in the joint names of the CITY and LESSEE and shell be payable to the CITY, LESSEE and to any leasehold mortgagee, as their respective interests may appear. Duplicate originals or certificates of ell insurance policies required hereunder shall be delivered to the CITY prior to occupation of the Promisee by LESSEE. The entire amount collected for losses under any fire and extended coverage polices shell be held under joint control of the CITY, LESSEE and any leasehold mortgagee, shell be made available to repair, restore, or rebuild the damaged improvements. Any excess part of the insurance fund remaining after the coat of repairs, rebuilding or restoration In geld, shall be paid to the LESSEE. In the event the insurance fund is insufficient to cover the cost of repalre, rebuilding or restoration, the excess coat shell be borne by LESSEE . E. Reassessment of insurance needs shall be made by CITY at least every five (5) years to determine whether or not In the City's sole determination the coverage shall be -increased. LESSEE CITYT LCA-S r- T, L %M ROG"s CM A110110 ON OF MNM . o om ro ,{pAl, kASM 0N1, Mn* f V, j:90265p.- 26 In the event at any time during the term of thin Lease, LESSEE, or anyone holding under LESSEE shall be in default of any of the a venents at conditions of this lease, then and in such event, before forefeiture to invoked by the CITY, the holder of any rights of security granted by LESSEE head all payments and do and perform any and all vote and things which may be necessary r required to prevent a forefeiture of this Lease, and the paroty making such payments or performing such act@ or things shall thereby and thereupon be subrogeted to all rights of the LESSEE under this Lease. The CITY agrees, that, if requested in writing by the holder of any such rights of security, the CITY will send to the sold holder at the address specified in such written request copies of all written notices or demands which the CITY may serve upon LESSEE or anyone holding under LESSEE under and pursuent to the terms of this lease or otherwise. It is understood, however, that the holder of such rights -of security, shall in no way be liable to the CITY for the payment of any rent or for the performance of any other covenant or conditions under this Lease until such time as It shall acquire by conveyance from the LESSEE, or by the foreclosure or other proceedings provided by law or by the terms of any written instrument, all the rights, title and inteeeet o/ the LESSEE under this Lease; provided, however, that any party who shell acquire said rights, title and Interest of the LESSEE, as above provided, shall thereupon and thereby become liable for the full performance and all payments theretofore and thereafter required to be made by LESSEE under the covenants and conditions of this Lease, an fully and completely and to the same extent as the LESSEE itself would have been if it still had retained its right, title and interest hereunder. Nothing in this Article XII shall prevent or delay the termination of this Lease under the provisions of Article X. ARTICLE X Cancellation and Forefelture In the event LESSEE shall be declared bankrupt according to law, or if any assignment shall be attempted to be made of this lease for the benefit of creditors (other than as herein permitted) or It LESSEE sholl abandon the leased premiees or in the event rental due hereunder remains unpaid for thirty (30) days after notice of nonpayment given to LESSEE, then in any of sold events, the CITY may declare the lease to be terminated and may enter into and upon the lend covered by this lease or any part thereof and repossess the some (including any and all improvements and Installed fixtures) and expel the LESSEE and those claiming under it and remove its effects, forcibly if necessary, without being doomed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for poseeselon or for arrears of rent. ARTICLE XI Indemnification LESSEE shall protect, indemnify and save harmless the CITY from end againat any and all clalmeo demands and causes of action of any nature whatsoever for injury to or death of persons, or lose or damage to property, occurring on the Premises or in any manner growing out of or connected with the LESSEE' use and occupation of the Premises or the condition of the Promisee during the terms of this Lease. - - - To insure indemnification of the CITY, LESSEE shall procure and keep in force contractual liability coverage with limits as to bodily injury liability of $1.000,000.00 for each occurrence and LCA-7 LESSEES M CITY L t TIM ROGERS air An01la, CITY 01 KENAI Ma.oa„o l. A ASKA,wi1 M W, c : gr, 65°..,1727 11,000,000.00 in •ggeegets, and ae to property damage liability with limits of $100,000.00 for each occurrence and $100,000.00 in aggregate. A certificate of insurance shall be delivered to the CITY before occupancy of the Promisee by LESSEE. ARTICLE XII Waiver of Default Any waiver by the CITY of any default or breach of this Lease shall not be construed to be a continuing waiver of such default or breach nor as a waiver or permission, express or implied, of any other or subsequent default or breech. ARTICLE XIII force Majoure If by reason of strike, lockout, war, rebellion, material or labor shortage due to a national emergency, fire, flood, hurricane or other casualty,I periods of excessive rain, by any other matter not within its control, the CITY or LESSEE n good faith and without fault or neglect on its parts is prevented or delayed in the construction of any condition except ae rslstea to rental payments or the maintenance of insurance which, under the terms of this Lease, it in required to do so perform within a specified period of time, the period of time within which such performance was to have been completed shell be extended by a period of time equal to that of such dolay or prevention, and the CITY or LESSEE, as the case may be, shall not be deemed to be In default if it diligently performs and completes such work or covenant or condition in the manner required by the terms of this Lease within the specified period of time as so extended. ARTICLE XIV Dreinaae It is contemplated that the existing drainage within the Premises will be retained es the drainage way for the Promisee. Any construction or relocation shall be by LESSEE at LESSEE'S expense. ARTICLE XV Easements This lease is subject to all easements across the Promisee that are of record. ARTICLE XVI General Clauses A. All references to the parties to this Lease and all covenants, conditions and agreements of this Lease shall apply to and be binding upon the CITY and LESSEE and their respective holes, executors, administrators, legal repreeentstives, successors and aseI no (when assignment le made in accord with the provisions hereof) ae if they were in each case fully named and stated. In this Lease both the CITY and LESSEE are referred to in the singular and neuter gender. However, such words and all other terms and words used in this Lease regardless of the number and gender in which-the-y ore -used, shall be deemed and_-- . construed to include any other number (singular or plural) and any other gender, masculine, feminine or neuter, as the sense of LESSE CITY LCA-8 a, i ;1 t' VIA ROOMS Cl" Anaar CRY 0/ KM1 r o on me Raw, Mufdwen MIM ( uV0265,z-028 the writing herein may require, the some as if such words hod been fully and properly written in the required number and gender. 8. All notLeas to the CITY shell be sent by certified or registered mail addressed to the City Nansger, City of Kenai, 210 Fidelgo, Kensi, Alaska 99611, or at such other address so the CITY may in writing from time to time designate by written notice to the LESSEE. All notices to LESSEE eholl be sent byq certified or registered mail addressed to LESSEE at P.O. Box 1101, Kenai, Alaska 99611 or at such other address as LESSEE any from time to time designate by written notice to the CITY. C. This Lease is made under the applicable laws of the State of Alaska and if any term, clause, provision, part or portion of this Lease shall be adjudged invalid or illegal for any reason the validity of any other part or portion of this Lease shall not be affected thereby and invalid or illegal term, clause, provision, part or portion shall be deleted and ignored an if the same had not been written. 0. This Leese may be altered, modified or amended only be written instruments signed by LESSEE and the CITY and approved by the City Council of the CITY. ARTICLE %VII Lease Option The CITY grants to LESSEE a right of first refusal to loses, upon the same terms and conditions as set forth herein, the property described in Exhibit 8 at a rental per square foot equal to the per square foot rental then being paid for the property described in Exhibit A to be used by the LESSEE only in s manner consistent with the purposes of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be signed and sealed the day and year first above written. CITY Of KENAII LESSEEt . 8 ghton City onager IILESSEE t�J�— CITYq LCA-9 �11 f j ECOK02,65PPE730 m it �J► � AALA•►•►fA aY +If • •ft++� r •AAt• `! r•AL'r •A IL lA A•A •• f t rA a ►a� ��Ar,L►• �+ LA L L ! a••A ►f •ar••►YLI+oL++AAA ♦f7r•+141A�4•+► f •f 1•A+•f••►11r111 AA1j ���rL Y� f /L!1•fj � 1 i•AA Via► �A+� �+,•f Y1A •jrA'+ALL ►�l�►ALA AyA•Y AI •!!j •t• +r1 IA11•A +L AA►1QK �Lr17YL► ��I LlA Li "►1i�•I9 r f� +l�Lf�+�►A► •AA► • f+f+••••+111 .• L► I� I � a 6 m#L W* I 1 1 0?65p:�E731 � E ±� o 3 I {. O • I • 00000 . no f ,e• Md. .• ' k j i v � to ,`► x W C $5— 0 07.7.7.5 -Ftt'!EC, 4Rcoll OISTRICT 6 Jug 8 3 Is PHIS , REQUESTED BYkeea; ADDRESS ....•• 11 )&U A . Tim ROaIRa - un A"O"T MY OF KENAI .oa.w KMV. AIAVA wa 1 M» M r l . im,03uF.-r-Em I il KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA NO. II Lugs AND CONC1188:0N AgRX=BNT THIS LEASE, wade and entered into this k day of MOW 191L, by and between the City of Renal. hereinafter retetired to as CITY, a body corporate under the lawn of the State of Alaska, wit o fir at 10 Fidaloo Street, Renal. Alaska, and f"ac hereinafter referred''to as the LOSSES. That for and in consideration of the rent to be paid by LESSEE and the construction of golf facilities and other improvements and surrender of the some in good condition to the CITY at the termination of this lease and the other consideration given by the LESSEE herein, the CITY hereby losses to the LESSEE, and 16E8888 takes and leases in an "as is" condition from the CITY. that area of land described and shown on the attachment labeled Exhibit "A" and made a part hereof, which Exhibit "A" is, at the time of execution of this lease, a Preliminary Drawing for field Survey, to be replaced, at a later date, by s Field Survey. which shall be produced by the CITY, and which shall be conclusively established as having been approved and accepted as a part of this Lease by the presence of signatures on behalf of the CITY and the 168888E thereon. Said leased area shall hereinafter be referred to as "the Premises." TO HAVE AND TO HOLD the same Premises unto LESSEE, subject to the conditions and covenants herein contained, for the term of years hereinafter specified. Tho parties hereto further covenant and agree as followas ARTICLE I ggrm of Leese The initial term of this lease shall be eighteen (18) years, commencing he fifteenth day of July, 1987. and terminating at midnight on the 31st day of December, 2005. Upon termination of this Lease, improvements included, but not limited to, those listed and described under Article III, Paragraph A, shall be and become the property of the CITY and further upon the termination of this Lease, all buildings constructed by LESSEE on the leased premises under provisions hereof and all fixtures appurtenant to such buildings, shall be and become the property of the CITY. ARTICLE II option to @pew Upon completion of the eighteen (10) Year initial term of this Lease, the LOSSES at its option, may renew this Lease for an additional term of ten (10) years, subject to the conditions and covenants contained herein. LESSEE'S option to renew shall be exercised by notice in writing -to the CITY, at least six (Q - -- months prior to the termination of the eighteen (18) Year initial term, and said option shall expire and cease if not so exercised. LCA-1 RECREATION AREA II LESSEE: LESSOR: 7 i :' 4 TIM ROOERS Cm MOM CITY Of KENA: .O W.ro .ew. ALASKA 0%11 my$" 4, } C ARTICLE III are and Imp oryil Cv►.0311-trf135 LESSEE shall provide for the construction and operation and maintenance of a public golf facility and appurtenances, and the Premises shall be used only for such purposes unless consent to some other use at the sole discretion of the City is obtained from the CITY in writing. It is anticipated that areas not being utilised for golf will be available to the public without charge for jogging and other uses not inconsistent with or in frustration of the premises primary use as a golf course. LESSEE shall cause to be designed, constructed. and installed upon and within the Premises, at a value of not less than THREE HUNDRED THOUSAND (6300,000.00) DOLLARS and at no cost to the CITY, the improvements listed and described under Paragraph A of this Article III. The preliminary plans prepared by LESSEE and approved by the CITY shall constitute the Master Plan for development of the Premises. Construction shall be started in accordance with the terms of this Lease not later than thirty (30) days after the date hereof and shall proceed with due diligence until completed within one (1) year and one hundred twenty (120) days from the date hereof. A. gequireQ Cc�atruat o LESSEE covenants that he will construct the following: 1. Regulation Hine -Hole golf course. A regulation nine -hole Volt course will be constructed on the Premises. the design and subsequent construction of which shall be equal to other courses existing in Alaska. The design shall incorporate a minimum yardage of 3,000 yards; the par shall be 36; the turf greens shall each contain a minimum area of 5.000 square feet; the layout and construction shall conform with the beat practices with applicable U.S. colt Association recommendations. 2. Watering System. A water system of sufficient capacity will be provided for all tees and greens. H. keck of Beci 11 ties. LESSEE shall not be responsible for costs of any improvements including but not limited to roads, water and newer, either on the premises or in conSunction with access thereto. C. The LESSEE agrees that the golf course and the other improvements provided for herein shall be equally available to all adult members of the public without discrimination. Any discrimination by the LESSEE in the dispensing of food and beverage as provided for herein or in the use of any colt facility bereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease and grounds for cancellation of the Lease. D. The LESSEE agrees that he will not discriminate against any employe or applicant for employment, to be employed in the performance of this Lease with respect to his hire. tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona fide occupational qualification or because -of -race, sex. --religion or national origin. LESSEE - - understands that any such discrimination shall be deemed to be a material breach of this Lease. LCA-2 RBCREATION AREA II LESSEE: V(y- LE880R: f y t J r I :fr i M .. i { r I�. t C TIM Room j an AHOWr CRY OF KINAI , O MSM CUM. ALASKA W61, MIM C C .031 NRI36 LESSES shall pay to the City as rent for the use of the Premises the followings operating Seasoa Annual Re t First $500.00 Second Through Fifth 810000.00 Sixth Through Eighth $2,500.00 Ninth and Tenth $5,000.00 Eleventh Through Remainder of Initial Term $7,500.00 Additional Term of Lease $10,000.00 For the purpose of this Lease, "operating season" shall mean the period of time in any calendar year commencing on the date when LESSES shall open its facilities for use and enjoyment by the public and ending on the date when the LESSER shall close its facilities to the public. The required minimum "operating season" shall be from June 25 to October 1 of each year unless otherwise agreed to by the Kenai City Council. LESSEE agrees that all articles sold or used under this Lases shall be of good quality and shall be subject to the approval of the CITY. For the initial two years of Operation, commencing with the 1968 season, green fees shall not exceed five dollars 05.00) per person for nine holes of golf. green fees subsequent to the first two years of operation shall be set at the sole option of the Kenai City Council upon petition of successful bidder. LESSEE may charge reasonable fees for other uses during the golf eeason upon approval of Council. epromises contemplated dthat bESSEE shall be subject er this Lease are owned by thtCotaxation wupon ail ever, it personal property owned by LESSEE and used on or in connection with the leased Premises. LESSEE covenants to pay any taxes as may be lawfully assessed against such personal property. ARTICLE IV posse sion and Maintenance 1689SEE shall have sole possession of, and responsibility for maintenance of the Premises, including all improvements constructed thereon. The CITY shell have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of the Premises. The degree of maintenance shall be in keeping with other golf courses. The CITY, through its City Me or. shall have the right to require that the Premises and improvements thereon meet general standsrds of other municipally -owned and operated golf Courses. The CITY shall advise the LESSEE in writing of any deficiency in maintenance of the Premises. The deficiency shall be corrected within thirty 130) days, or within an appropriate period as may be otherwise agreed. ARTICLE V Operq�ioti A. in ite operation on the leased premises, LESSEE shall LCA-3 RECREATION AREA II LESSERt�— LESSORt W"- 1 ij t, Y , �i {{y t is TIM agaaaa CITY O1 KENAI P0901M MAL ALASxA wa1 Mn3f 51 � :e�0311�:�E137 ass observe all applicable Federal, State and Municipal Laws and health, safety, and well-being of the public. 5. LR8811E shall at its expense, meet the requirements of local and state health departments covering the handling and dispeaslag of good and beverages, it applicable. Adequate toilet facilities in eccordance with the plans and specifications shall be provided at locations on the golt course. Refuse and waste materials shall be handled as required by applicable state and local laws, ordinances and regulations. C. LESSER agrees to pay all public utility bills for electricity, gas, water, and all other utilities used or consumed. on the Premises and to procure at its expense all meters and permits necessary for making connections and continuing utility services. D. For purposes of promoting the facility the CITY may from time to time join with the LESSEE in holding major golf tournaments of State and National significance. E. LESSEE agrees that winter usage (November i through May 1) of the golf facility by the public for purposes consistent with CITY policies of winter use on golf courses will be permitted excepting the clubhouse, tees. and greens areas, which will remain closed unless otherwise agreed to in writinot provided, however. that damage to the premises resulting from such authorised winter usage shall be repaired at the expense of the CITY. ARTICLE VI Insurance During the term of this Lease, LESSEE shall procure and keep in force, or shall where appropriate, require LEesER'S contractors and subcontractors to procure and keep in force, the following insurances: A. Workmen's Compensation Insurance, sufficient to meet State of Alaska statutory requirements, including $100.000.00 employer's liability coverage, protecting all employees of LESSER and employees of its contractors or subcontractors during the term of this Lease. B. Comprehensive General Liability Insurance, including product with limits, as to bodily injury liability, of 01,000,000.00 for each occurrence and $1,000,000.00 in aggregate and, as to property damages, liability of $100,000.00 for each occurrence and $100,000.00 in aggregate. Insurance policies required by this paragraph shall name LESSEE as Insured and the CITY as an additional insured. Such insurance shall be made effective prior to the beginning of construction on the golf course and shall cover construction and, thereafter, operation of the improvements on the Premises. C. Comprehensive Automobile Liability Insurance with limits, as to bodily injury liability, of 0500.000.00 for each person and $1,000,000.00 for each occurrence, and, as to property damage required by this paragraph shall name the CITY as an additional insured. D. Eire, Vandalism, Malicious Mischief, and extended coverage insurance -covering -all buildings constructed by LESSEE during the term of this lease in an amount equal to at least eight (80%) percent of the full insurable replacement value og such building above foundations. Such insurance policies shall LCA-4 RECREATION AREA II LESSEE: a. —la. LESSOR: r- I I f a t t :.;;:., j In C C .031i°!f-438 be issued in the joint names of the CITY and LESSEE and shall be payable to the CITY, LESSEE and to any leasehold mortgagee, as their respective interests may appear. Duplicate originals or certificates of all insurance policies required hereunder shall be delivered to the CITY prior to occupation of the Premises by LESSEE. The entire amount i collected for losses under any lire and extended coverage policies shall be held under joint control of the CITY, LESSEE and any leasehold mortgagee, shall be made available to repair, restore, or rebuild the damaged improvements. Any excess part of 1 the insurance fund remaining after the cost of repairs, rebuilding or restoration is paid, shall be paid to the LESSEE. i1 In the event the insurance fund is insufficient to cover the cost of repairs, rebuilding or restoration, the excess cost shall be borne by LESSEE. ' E. Reassessment of insurance needs shall be made by CITY at least every live 451 years to determine whether or not in the City's sole determination the coverage shall be increased. P. LESSEE agrees that thirty (30) days notice in writing shall be given the CITY in the event of cancellation, termination or material change of any insurance policy required hereunder. ARTICLE VII 1 Performanm.W4_JAy1LeAt Bond Nithin fifteen (15) days after the execution hereof, LESSEE shall furnish to the CITY, either performance and payment bonds (with a corporate surety license to do business in the State of Alaska) each in the amount of ONE HUNDRED THOUSAND (8100.000.00) DOLLARS. or a cash bond in the amount of TEN THOUSAND (810.000.00) DOLLARS, conditioned upon LESSEE'S completion of construction G items described in Paragraph A of Article III in accordance with submitted plans and specifications, and the payment bond conditioned upon the LESSEE'S payment of the full cost of all labor, materials, tools and equipment furnished for the work. ` The aforementioned bond shall in no way be construed as a i limitation on lability, duty to defend or indemnity, or a restriction of any other kind, and shall be payable to the CITY ss well as being subject to approval by the CITY. ARTICLE VIII )►ap�pment o! Leagg Except as provided in this paragraph, this Lease shall not be assigned in whole or in pert, unless and until the CITY approves such assignment in writing, which approval shall not be unreasonably withheld. Upon written request by the CITY. the f i identity of the holder or holders to any mortgage, deed of trust or security instrument and all individuals, corporations, or Ij 1j parties having a financial interest as investors or shareholders with the LESSEE in this lease, shall be provided the CITY by �) LESSEE within thirty (30) days of such request, LESSEE shall have the right to sublease the Promises or parts thereof for uses and � purposes which are in accord with the provisions of this Lease, 1 only upon written approval by the CITY which approval shall not be unreasonably withheld. ARTICLE Ix �ledye of heaee It is understood that -in borrowing funds LESSEE_ cannot place a _•- _ _ _._ mortgage on the Premises or the fixed improvements placed a+..nowr CITY OF KINAI LCA-5 • O 109 ND 11NM. AU"AM11 RECREATION AREA II LB886Bt (�,--- LBSSORt h,z&2*�, I LJ �r- 3 TIM ROOERe ptr AttaMr Cllr Of KENAI ►otww tutw.�uu�aoett WPM r C.0.0311a11C.E139 thereon. However, it is contemplated that 1688888 will be required to borrow funds for the initial construction of improvements and that from time to time during the term of this Lease it may be desirable or convenient for LBSSEE to borrow additional funds for additional improvement, alterations, repairs or for other purposes. Accordingly, it is agreed that LESSEE shall at all times during the term of this less* have the right to grant rights of security in this Lease and the leasehold rights of LESS38 created by this Lease, provided, however. that any such rights of security shall at all times be subject to. and the right, title and interest of the CITY as owner of the Premises and fixed improvements placed thereon and the right of the CITY to require the payment of all rentals due hereunder and the full and faithful performance of the covenants and conditions of this Lease by the 1#88888. Subject to any such rights of security, the CITY shall have a lien upon all personal property not daily exposed to sale, owned by LESSEB and used on the Premix* to secure the payment of the rentals as they respectively come due hereunder. In the event at any time during the term of this Lease. LESSEB, or anyone holding under LBSSEE shall be in default of any of the covenants or conditions of this lease, then and in such event. before forfeiture is invoked by the CITY, the holder of any rights of security granted by LESSEE head all payments and do and perform any and all acts and things which may be necessary or required to prevent a forfeiture of this Lease, and the party making such payments or performing such acts or things shall thereby and thereupon be subrogated to all rights of the LESSEE under this Lease. The CITY agrees, that, it requested in writing by the holder of any such rights of security, the CITY will send to the said holder at the address specified in such written request copies of all written notices or demands which the CITY may serve upon LESSER or anyone holding under LESSEE under and pursuant to the terms of this lease or otherwise. It is understood, however, that the holder of such rights of security, shall in no way be liable to the CITY for the payment of any rent or for the performance of any other covenant or conditions under this Lease until such time as it shell acquire by conveyance from the LESSEE, or by the foreclosure or other proceedings provided by law or by the terms of any written Instrument, all the rights, title and interest of the LESSEE under this leases provided, however, that any party who shall acquire said rights, title and interest of the LESSEE, as above provided, shall thereupon and thereby become liable for the full performance and all payments theretofore and thereafter required to be made by LESSER under the covenants and conditions of this Lease, as fully and completely and to the same extent as the 1686SEE itself would have been it it still had retained its right, title and interest hereunder. Nothing in this Article XII shall prevent or delay the termination of this Lease under the provisions of Article X. ARTICLE X Cancellation and forfeiture In the event LBSSEE shall be declared bankrupt according to law. or if any assignment shell be attempted to be made of this Lease for the benefit of creditors (other than as herein permitted) or It LESSEE shell abandon the leased premises or in the event -- rental due hereunder remains unpaid for thirty (30) days after notice of nonpayment given to LESSEE, then in any of said events., the CITY may declare the Lease to be terminated and may enter- - into and upon the land covered by this Lease or any part thereof and repossess the same (including any and all improvements and installed fixtures) and expel the LESSEE and those claiming under'. RECREATION AREA II LCA-6 IN LESSEE::&J&--_ LESSORS hACF- 7 o- I t _y ;y f 1 t: 1 .. t , •f TIM Roca" 0" A"01W CITY OF KENAI •O bam [OUI, AIALA 01611 ssn» C ..%..0311:t -(140 it and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for possession or for arrears of rent. ARTICLE X1 I04,emnification LESSEE shall protect, indemnify and save harmless the CITY from and against any and all alsims, demands, and causes of action of any nature whatsoever for injury to or death of persons, or lose or damage to property, occurring on the Premises or in any manner growing out of or connected with the LESSEE'S use and occupation of the Premises or the condition of the Premises during the terns of this Lease. To insure indemnification of the CITY. LESSEE shell procure and keep in force contractual liability coverage with limits as to bodily injury liability of $1,000,00.00 for each occurrence and $1,000,000.00 in aggregate, and as to property damage liability with limits of $100,000.00 for each occurrence and $100,000.00 in aggregate. A certificate of insurance shall be delivered to the CITY before occupancy of the Premises by LESSEE. ARTICLE XII Waiver of Default Any waiver by the CITY of any default or breach of this Lease shell not be construed to be a continuing waiver of such default or breach nor as a waiver or permission, express or implied. of any other or subsequent default or breach. ARTICLE XIII force Kgoijeurg If by reason of strike, lockout, war, rebellion, material or labor shortage due to a national emergency, fire, flood. hurricane or other casualty, periods of excessive rain, or by any other matter not within its control, the CITY or LESSEE in good faith and without fault or neglect on its parts is prevented or delayed in the construction of any condition except as relates to rental payments or the maintenance of insurance which, under the terms of this Lease, it is required to do so perform within a specified period of time, the period of time within which such performance was to have been completed shall be extended by a Period of time equal to that of such delay or prevention, and the CITY or LESSEE, as the case may be, shall not be deemed to be in default if it diligently performs and completes such work or covenant or condition in the manner required by the terms of this Lease within the specified period of time as so extended. ARTICLE XIV P 9ARMA It is contemplated that the existing drainage within the Premises will be retained as the drainage way for the Premises. Any construction or relocation shall be by LESSEE at LESSEE'S expense. RECREATION AREA ii LCA-7 LS88BBt Q�--� LS880R s 1 er�er C f� i 0311°;vE1ft ARTICLE XV Basements Thin lease is subject to all easements across the Premises that are of record. ARTICLE XVI 0e 3 C so49lR A. All references to the parties to this Lease and all covenants, conditions and agreements of this Lease shall apply to and be binding upon the CITY and LESSEE and their respective heirs, executors, administrators, legal representatives, successors and assigns (when assignment is made in accord with the provisions hereof) as if they were in each come fully named and stated. In this Lease both the CITY and LESSEE are referred to in the singular and neuter gander. However, such words and all other terms and words used in this Lease regardless of the number and gender in which they are used, shall be deemed and construed to include any other number (singular or plural) and any other gender, masculine. feminine or neuter, as the sense of the writing herein may require, the some as if such words had been fully and properly written in the required number and gender. S. All notices to the CITY shall be sent by certified or registered mail addressed to the City Manager, City of Kenai, 210 Fidalgo Street, Kenai, Alaska. 99611. or at such other address as the CITY may in writing from time to time designate by written notice to the LESSEE. All notices to LESSEE shall be sent by certified or registered mail addressed to LESSEE at Box 1101, Kenai, Alaska 99611 or at such other address as LESSEE may from time to time designate by written notice to thheITY. C. This Leese is made under the applicable laws of the State of Alaska and if any term, clause, provision, part or portion of this Lease shall be adjudged invalid or illegal for any reason the validity of any other part or portion of this Lease shall not be affected thereby and invalid or illegal term, clause, provision, part or portion shall be deleted and ignored as if the same had not been written. D. This Lease may be altered, modified or amended only be written instruments signed by LESSEE and the CITY and approved by the City Council of the CITY. IN WITNESS WHEREOF. the parties hereto have caused this instrument to be signed and sealed the day and year first above written. DATED this ZA-kdey of May, 1987. CITY OF KENAI: LESSEN: i. 9m.- City Manager LCA-8 RECREATION AREA II LESSON: LESSON: �1 n I r C, 0311","E142 STATE OF ALASKA 1 !ss THIRD JUDICIAL DISTRICT 1 THIS is TO CERTIFY that on this 174A day of Lam• 1987. RICHARD 1. MORGAN. being personally known to me Or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and . authorized execution of the forego ng instrument •....... ...... :a Notary Public for Alaska My Commission Exp*ress,t STATE OF ALASKA 1 11 lse •� THIRD JUDICIAL DISTRICT ! THIS IS TO CERTIFY that on this afik� day 1987, NILLIAM J. BRIGHTON, City Manager of the City of Kenai. Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and author4 execution of the foregoing instrument on behalf of muld City. c •Y Notary Public tor. Alaskit'• My Commission Expires i /Irg2m I RECREATION AREA II LCA-9 X i '�:0 i - ��� � `��\���`�\` C r•t•".rrt��pw' K `." pooK0311i�a1� . � tooR FILMING ouiuliv] i _ '\\` �Wv tNV , r ' r_ �v►+ai►� •+awiAi aa•�a v al V -- � � •��sY�y�,v+j••• j •�f►fir►ra ��. �/�� 4 - - y araA'�araf fafwl►w fi 4 ��a,t, ar'rY yys 1a �r •A► •• � 1 �Ra,aa ►fFft •••a• Ir f '�..►.�irwrf fw• ►••rOr• �, ►• x C M•so) • �•wa ��� ►aw+���ia 6 Z O� • Z r vvo at •��, v ►. a♦ia a as w J 2 LU of G�j ca cz �004875 M — DISTRICT i RAY le II 49IN f REDUESTEO DY RECAEA'CION AR13A II ADDRESS ILI LB886Es_� "- OR l -- ---- !. 4j. 1 gPages A 1 R US . i1 ��mmW Pm m f�l fly ; .9j 1 j 9 I r `pp 1 O h � � � S 1Z� 1 1 ' •A � ryl 1 1 1 . -•- - � - - � r - - -�- ^m s3 1^t� ryry� y< �Z} D< s< < <b <p yc y< � <D � o � � o /�r1 7o i s v r1 i v Ay1 �pyq p o NMj [� o ~ Z N N 1 -1 1Me I mm 1 [\ 1 I 1. ! I A7 CCCm ss 1 1 r 1 I ` i 1 ' . Q 1MOOR 5 1 ss (a 8 1 1 m T 1 W In 1 1 I 1 :1 Ob Oy1 C3 Yl cm I 1 I 1 . " .. "-.. O O rwi a m /WII aPi 1 0 00• - .. .1,tp pbpO V N NOI N OIN S O v N Ol OOi 10 1�J1 P r N O C�0 � t W 1 ; SOO 00 W O WO 10 P. O IC O N �i 1 i N S t 1 Y �Y ��• vF.n � ul\ 4 �a� 1 t` • l' l...l _l L l _L -10 -� f r'-- hf- 3 Suggested By: Administration CITY OF KENAI ORDINANCE 1282-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 11.20.110 ENTITLED "APPRAISAL AND SURVEY OF LEASED LANDS," SHIFTING THE BURDEN OF SURVEYS AND APPRAISALS OF CITY LANDS TO BE LEASED FROM CITY TO THE APPLICANT LESSEE. WHEREAS, the present Kenai Municipal Code provides for appraisal and survey of leased lands initially to be borne by the City of Kenai; and, WHEREAS, these costs are more appropriately deemed to be responsibility of applicant lessees; and, WHEREAS, appraisal and survey fees may often exceed the sums received by the City on an annual basis for a given lease; and, WHEREAS, shifting the burden of these costs may alleviate the possibility of the City having to pay for survey and appraisal costs or applicant/lessee does not ultimately lease the land in question. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA: that KMC 11.20.110 is amended as follows: 11.20.110 Appraisal and Survey of Leased Lands-: The [CITY] applicant Will furnish a survey and appraisal of the land in question prior to leasing. Any re -surveying or re -platting required will be the applicant's responsibility and expense. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruoteala, City Clerk ,Y First Reading: Second Reading: --- --- -- Effective Date: -= - -- - - Approved by Finances - (8/24/88) September 7, 1988 September 21, 1988 October 21, 1908 rM ti vi F; Suggested by: City Council City of Kenai ORDINANCE NO. 1283-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $90,000, IN THE 1968-69 GENERAL FUND BUDGET FOR ALLOCATION TO THE KENAI VISITORS AND CONVENTION BUREAU FOR PROMOTION OF THE PROPOSED BICENTENNIAL CELEBRATION. WHEREAS, Ordinance No. 1278-88 dissolved the Kenai Advisory Bicentennial Commission in the belief that a private non-profit corporation, the Kenai Visitors and Convention Bureau, could better promote the bicentennial celebration, and WHEREAS, the City will not exercise oversight responsibilities of the non-profit organization and expects that the independence of the Kenai Visitors and Convention Bureau will allow it to promote and obtain funding for the bicentennial celebration in a better, more efficient manner than the City could provide. 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 $90,000 Increase Appropriations: Non -Dept. - Grants to Other Agencies $90,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR *ATTEST: Janet Ruotsala,• City Clerk First Reading: September 7, 1988 Second- Reading.- September 21, 1988 EffectiveDate: September 21, 1988 Approved by Finance: (8/30/88) L 1 1 i i i ,. Suggested by: Public Works City of Kenai - ORDINANCE NO. 1284-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000, IN THE 1988-89 ` FEDERAL REVENUE SHARING FUND FOR ADDITIONAL ROOF REPAIRS. AREAS, Ordinance No. 1279-88 appropriated $20,000 for repairs of roofs on several City buildings, and ` WHEREAS, the Public Works Director is requesting anc dditional ;15,000 a to repair the roofs of the Airport Terminal, Pub l c Safety, and Recreation Center buildings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, - ALASKA that estimated revenues and appropriations be increased as • - follows: i Federal Revenue Sharing Increase Estimated Revenues: .. Appropriation of Fund Balance $15,000 Increase Appropriations: Transfer to General Fund $15,000 General Fund Increase Estimated Revenues: Transfer from Federal Revenue Sharing Fund $15,000 '� • _ figg. Increase Appropriations: 9 Buildings - Repairs & Maintenance �15,000 6 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR - . _.. ..... :� •ATTEST: `¢ Janet Ruotsala, City Clerk First Reading: September 7, 1988 Second Reading: September 21, 1988 Effective Date: September-214P 1988 7 i V ITY (1 nn /i 11 , I lod cap" 4 4" M Yt;1;_ 11 A.A111 Y _ TO: i lliam J. Brighton, City Manager rharles A. Brown, Finance Director FROM: Keith Kornelis, Public Works Directo 0j& DATE: 8/17/88 SUBJECT: Federal Revenue Sharing Public Works requests additional Federal Revenue Sharing funds In the amount of $15,000.00 to include roof repair work on the Airport Terminal, Public Safety and the Recreation Center Buildings. This is needed as soon as possible. I was hoping to get these roofs fixed before the winter. The new total amount would then be: "Buildings - roof repairs" $35,000 J I Suggested by: Administration 11 City of Kenai ORDINANCE W. 1285-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,606 IN THE SENIOR CITIZENS -BOROUGH SPECIAL REVENUE FUND AS A RESULT OF GRANTS FROM THE - KENAI PENINSULA BOROUGH AND UNITED WAY. WHEREAS, the Kenai Peninsula Borough has awarded the City a grant for Senior Citizen services in the amount of $37,606, and $35,995 was f estimated in the 1988-89 Annual Budget, and ,.. WHEREAS, United Way has awarded the City a grant for Senior Citizen services in the amount of $21,595 and $17,600 was estimated in the 1988-89 Annual Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, i ALASKA that estimated revenues and appropriations be increased as .r. fol lows : I ;{' Senior Citizens - Borough increase Estimated Revenues: Borough Grant $1,611 United Way Grant 95 5 606 Increase Appropriations: h Repairs & Maintenance Supplies $ 550 ' Small Tools 281 Printing & Binding 400 Repair & Maintenance 2,000 Janitorial 600 Machinery & Equipment 1,775 5 606 - PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk - - First Reading: September 7, 1988 ------:---__-_--- .r Second Reading= September 21, 1988 Effective Dates September 21, 1988 Approved by Finance: 9� (8/31/80) .' 1 7 �. Suggested by: Administration City of Kenai ORDIUNKM NO. 1286-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $21,000 AS A RESULT OF RECEIVING THREE GRANTS FOR THE LIBRARY. WHEREAS, the City of Kenai has received a Public Library Assistance Grant in the amount of $10,000 to be used for the purchase of books and other library materials, and WHEREAS, the City of Kenai has received an Institutional Grant in the amount of $6,000 to provide library services to Wildwood Correctional Center and Pretrial Facility, and WHEREAS, the City of Kenai has received a Special Legislative Award in the amount of $5,000 for temporary personnel, books, and equipment maintenance. 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: Library Grants 21 000 Increase Appropriations - Library: Salaries: Institutional $3,820 Special Legislative 1,969 $5,789 ESC: Institutional 38 Special Legislative 20 58 WIC: Institutional 22 Special Legislative 11 33 Repair & Maint: Special Legislative 1,000 Books: P.L.A. 10,000 Institutional 2,120 Special- Legislative 2,000 14.120 - ----------- -- I L U :._.2 F. .a PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JONN J. WILLIAMS, MAYOR ATTEST: Janet Ruoteala, City Clerk i First Reading: September 7, 1988 Second Reading: September 21, 1988 __. Effective Date: September 21, 1988 Approved by Finance: - (8/31/88) L._ N :Suggested by: City Council City of Kenai ORDnamm N0. 1287-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $85,000, IN THE DOCK FACILITY CAPITAL PROJECT FUND FOR EXPANSION OF THE PARKING AND STAGING AREA. WHEREAS, the Kenai Peninsula Borough has appropriated an amount not to exceed $85,000 to be paid to the City of Kenai for reimbursement for costs of transferring 30,000 cubic yards of sand from the Kenai landfill to the City of Kenai dock facility, and, WHEREAS, the sand will provide additional parking and staging area for the dock facility, and WHEREAS, reimbursement will be made on the basis of actual costs up to $85,000 per an agreement to be entered into between the Borough and the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Dock Facility Capital Fund Increase Estimated Revenues: Kenai Kenai Peninsula Borough Grant $85,000 Increase Appropriations: Improvements Other than Buildings $65,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: September 7, 1988-- Second Reading: September 21, 1988 Effective Date: September 21, 1988 Approved by Finance: f5e (9/2/88) a i. L i s Hum? (" ) Suggested by: City Council � J - k (j w Y, City of Kenai ORDINANCB ND. 1288-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $22,813.45, FOR REPAYMENT OF PRINCIPAL, INTEREST, AND TAXES PAID TO THE CITY AND BOROUGH ON THE SALE OF LOT 5, BLOCK 4, KENAI ORIGINAL TOWNSITE. WHEREAS, in December, 1985, the City sold, for $39,425, by Quit Claim Deed, Lot 5, Block 4, Kenai Original Townsite to Ronald A. Malston and Fred F. Braun, and WHEREAS, the purchasers have been unable to develop the lot due to a claim for the property by heirs of the previous owner, and WHEREAS, the City desires to allow the current owners to Quit Claim the lot back to the City in exchange for repayment of principal, interest, and taxes they have paid toward their purchase, and WHEREAS, the owners have paid $14,819.68 in principal payments, $7,045.90 in interest payments, and $947.87 in property taxes on this lot. 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 Land Sales Trust Fund Increase Estimated Revenues: Appropriation of Fund Balance $14,819.68 Increase Appropriations: Land $14,819.68 • General Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 7,993.77 Increase Appropriations: Land Administration - Land $ 7,993.77 L 1 ►SEED BY THE COUNCIL OF THE CITY-iAF KENAI, ALASKA, this 21st day of 3ptember, 1988. TTEST: &net Ruotsala, City Clerk ►pproved by Finance: F� ,9/2/88) jal JOHN J. WILLIAMS, MAYOR First Reading: September 7, 1988 Second Reading: September 21, 1986 Effective Date: September 21, 1988 2 Li ,L 1 �i .i bl --- -4r, II {{{ r �H rl YY1A r A FM- TO: WILLIAM J. BRIGHTON, CITY MANAGER FROM: KEITH KORNELIS, P.W. DIRECTOR DATE: SEPTEMBER 2, 1988 SUBJECT: KENAI FLATS WILDLIFE VIEWING AREA FOR: COUNCIL MEETING OF SEPTEMBER 7, 1988 I received a phone call from Colleen Hickman of the Alaska State Parks on August 31, 1988 concerning the Kenai Flats Wildlife Viewing Area Grant. The Alaska State Parks Department is anxious to get this under grant using Federal funds. Page 29 of 51 (attached) from the grant application shows the L93M goat Estimate of the project to_be 8258.000 with the City and the Kenai Chamber of Commerce paying for 50% of the project or $129,000. This grant requires that we pay for 50% of whatever the total cost of the project is. We have received a grant in the amount of $90,000 for this project which means we will have to come up with $90,000. Leon Quesnel, Harbor Commissioner, and Fred Braun, Kenai Chamber, have been working on determining what the Kenai Chamber will be able to donate towards this project. I called Fred Braun yesterday and received the following figures over the phone for the Chamber' s donation: Cash $ 6,300 Pipe Donation 700 Surveying Donation 1,000 Total Chamber Participation $ 81000 As you can see from sheets 37 and 51 (attached) from the grant application our original plans called for receiving $75,000 from the Kenai Chamber of Commerce. ' I- 1 Page 2 Public Works suggest that if the City Council wants to continue with this project we lower the scope of work to a project that will cost 0180,000, (or less). This can be done by making the boardwalk smaller. To take full advantage of the $90,000 grant the project should be at least $180,000. A $180,000 budget would look like this: Admin. $ 1,000 (City appropriated funds) Land 30,000 (City land donation - est.) Surveying 1,000 (Malone/Chamber donated - est.) Construction 6,300 (cash - Chamber) ($148,000) 700 (pipe - Chamber) 51,000 (City appropriated funds) 9_ 0,000 (State/Federal grant) Project Total $180,000 An appropriation ordinance is being introduced at this council meeting appropriating the $52,000 cash and $30,000 land donation towards this project. The value of the land is an estimate of $1,500/acre x 20 acres v $30,000. Since the project will be audited we should get an actual appraisal on the land which may change the figures a little. The State Park Service also made it very clear the once we receivC', federal funds for a project the land is forever dedicated to that purpose. Therefore, if constructed with these grant funds this boardwalk will always be there and we will always be responsible for it. �I 1 -I KENAI FLATS WILDLIFE VIEWING AREA ROUGH COST ESTIMATE PHASE I 1. Design, plans and specifications lump sum $ 10,000 2. *Administration lump sum 10,000 . . . . 3. *Land for project (20 acres 0 $1,500/acre) 30,000 . . . . . . 4. Construction: Embankment 1,875 cy 6 $8/cy 15,000 J Crushed aggregate Base D-1 220 cy a $30/cy 6,600 211 asphalt pavement 1,700 cy 0 $10/sy 17,000 Curb and gutter 165 If 0 $15/1f 2,500 Wood deck along parking - 1,500 sf 0 $35/sf 52,500 *Pile mounted view deck (Phase 1) - 1,500 sf 0 $50/sf 75,000 Landscaping - lump sum 10,000 TOTAL ESTIMATED CONSTRUCTION $178,600 5. Construction contingency 15,400 G. *Construction inspection 14,000 TOTAL ESTIMATED PROJECT COST $258,000 *ESTIMATED SPONSOR COST $129,000 (50% of total and sum of items above) Page oil E- -- of gr/I 17 KENAI FLATS WILDLIFE VIEWING AREA PHASE I SCHEDULE OF IN -KIND CONTRIBUTIONS Administration and -Inspection Estimated Contributions City Employees: 8 24,000 Public Works Director City Engineer Administrative Assistant Building inspector City Parks and Recreation Director and Donated by the City of Kenai 30,000 Construction File Mounted Viewing Park Chamber of Commerce 75,000 Total Estimated In -Kind Contribution $129,000 C -4 a. Suggested by: City Council t City of Kenai ORDINANCE NO. 1289-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $180,000, IN A NEW CAPITAL PROJECT FUND ENTITLED "KENAI FLATS WILDLIFE VIEWING AREA". - = WHEREAS, the City has applied for and expects to receive a grant in the r amount of $90,000 from the State of Alaska, Department of Natural Resources for development of the Kenai Flats Wildlife Viewing Area, and WHEREAS, that grant must be matched at a 50/50 ratio, and WHEREAS, the City expects $8,000 in donated cash, services, and - -- -T- materials from the Kenai Chamber of Commerce, and the City land donated to the project is estimated to be valued at $30,000, and the remainder of the City's match is expected to be cash. NOW, THEREFORE, BE IT ORDAINED By THE COUNCIL OF THE CITY OF KENAI, f ALASKA that: ` Section 1: ,...__._ Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve ; 52,000 Y Increase Appropriations: I Non -Dept. - Transfer to Capital Projects $ $2,000 Kenai Flats Wildlife Viewing Area Project Fund Increase Estimated Revenues: State Grant s 90,000 Transfer from General Fund 52,000 t• Donations 8,000 30,000 In -Kind (land) 180 000 ..+," Increase Appropriations: Administration $ 1,000 Surveying (donated) 1,000 Land (in -kind) 30,000 - --- - - -- - - - Construction 148._ _000 - 180 000 1 Section 2: N The expenditure of these monies is authorized after receipt of the approved grant from the State of Alaska. pAsSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1986. JOHN J. WILLIAMS, NAYOR ATTEST: ell Janet Ruotsala, City Clerk x� First Reading: September 7, 1988 Second Reading: September 21, 1988 Effective Date: September 21, 1988 •a Approved by Finance: ei�a (9/2/88) ial 2 Gt: _ r— DEPARTMENT OF NATE r; DIVISION OF PAR :r N August 4, 1988 &L S R Q STEVECC � w /� RALRESOURCES KENAIAREA BOX 1247 K8A OUTDOOR RECREATION PHONE i z-�1 KA89889 Mayor John Williams City of Kenai 210 Fidalgo Kenai, AK 99669 Dear Mayor Williams, The Division of Parks and Outdoor is now soliciting for volunteer citizen members and agency representatives to resume the duties of the Kenai River Special Management Area Citizens - Advisory Board. The board will consist of 15 members of which 8 are citizens and 7 are agency representatives. Your agency has contributed much to the planning process, and I would very much appreciate your agency's continued involvement as an advisory board member. The citizen nomination period closes on September 21. Please notify us of your agency's representative prior to the 21st, if possible. The board will meet quarterly with an organizational meeting ache u ed for Wednesday, October 12, 1988, at 9000 a.m. in the Assembly Chambers of the Kenai Peninsula Borough Building. Thank you for your help on the original Kenai River Plan, and I look forward to working with you on implementing the plan's recommendations. Sincer y, William 4ry, Superintendent SEM/vlr U L r" H- /3 r1Tv ne vcuAI SIoROMo ,"MM "I"I TEUWWNBM.7m - September 1, 1988 . TO: Council r FROM: Janet Ruotsala j City Clerk RE: Election Judges The Borough has selected the following judges for the October 41 1988, election: Precinct Ni: Grace Shook - chairman Grace Cole :. Beverly Hayes " Von Phillips - Precinct #2: Ruth Malston chairman Joan Seaman 1. Dorothy Shaw I Cheryl Thompson Precinct #3: Vivian Raymond - chairman Sharon Gerhard Jacqulyn Roberts The City Charter, Section 10.9, requires approval of election judges by the Council. - `.x Salaries will be $8.00 per hour for chairmen, $7.50 per hour '> for judges. This cost will be shared by the Borough. JR: tw 1 •, 4 GLUGE & ASSOCIATES Architects / Planners ans. AIMkG 89611 %,. A3gust 30, 1988 Keith Rornelis, Public Works Director City of Renal 210 Fidalgo _. Kenai, Alaska 99611 y .. Res EEMAI N NICIPAL AIRPORT RENOVATIONS 1 ,• Dear Mr. Rornelis, We have reviewed the documents for the proposed renovations to the Kenai Municipal Aisport. Our first approach at cost saving recommendations was to study materials and details for areas which might be more economically constructed. In doing this we discussed .., . the Project with the Coat Estimator and Consultants for their input. (Original Cost Estimate attached for your use.) There were no appreciable cost savings found in this approach. The reduction . mentioned in the attached letter from Carmen Gintoli of February 110, a.:.. . •,i�;._.:_ - 1988, are debatable and are as follows: 1. Re -use some food service equipment $20,000.00 2 Eliminate re -roof alternate 4g,679.00 45,000.00 's•,:=} 3. Eliminate Dining room addition ,000.00 4. Eliminate glass tube: use conventional frame ?S)� Total $130,000.00 Item #1 of the letter will be addressed in the following budget synapses. item 43 of the letter is an applicable savings by virtue of ,reducingsquare footage of the addition. item i4 would, in our s.,' opinionbe an unsightly -solution to the egress problem of the ,proposed upper level bar. we have included consideration for phasing in the following narrative. (_ ; e would like to make a recommendation in reference to item #2• .,�..:: the re -roof alternate. We agree with Carmen's follow-up letter of February 25, 1988 (attached), that a single ply felt and flood coat of the entire roof is not the best solution. We feel the roof over the - 1982 renovation project -is not in need of an additional ply. _ In the past few days we have experienced some fairly heavy rains. As far as -- can be ascertained, there have not been any leaks. I concur with L L 7 -- - CITY OF KENAI KENAI MUNICIPAL AIRPORT RENOVATIONS August 30, 1988 - Page Three Delete F.A.A. Equipment Room Renovation to Display Area <$22,000.00> Delete Phasing <19.000,00> ... _ Subtotal $627,726.00 Add Roof Maintenance 28,000.00 '- Subtotal $655,726.00 Add 1.60 Bond/Insurance 10,492.00 Add 10% Contingency 6t$••5.00 Total Estimated Construction Cost $731,791.00 [6191444.4�•• ,• in reviewing the documents it became evident that a large portion of the costs were associated with moving the bar to the upstairs space. The uniform Building Code, 1985 edition states that two exits are ( required when the occupant load is greater than 10 occupants. The occupant loads are determined by a table in the Code and based on total square footage. fl The upstairs space is approximately 1,188 square feet with 935 square feet of usable space. When used as a drinking establishment, the Code requirements call for 62 occupants, thus requiring two means of _ I egress. In addition, the Code requires this type of occupancy to have t: handicap access, which requires an elevator. It is our feeling that the space upstairs is a highly desirable and ' leasable space maintained as office space. The occupant load by Code for 935 sq.ft. of office space is 9 which does not require a second means of egress. it would glso alleviate the requirement of handicap accessibility. Approaching the renovations from the stand point of having office lease space upstairs would require new Design and Contract Documents. We included projected costs in the numbers below. Original Estimated Construction Cost (Refer to attached Cost Estimate) (without contingency, bond & insurance) $794,726.00 Delete Elevator (Estimate Item 6348) <38,664.00> L.� ®1 J CITY OF KENAI KENAI MUNICIPAL AIRPORT RENOVATIONS August 30, 1988 - Page Four Delete Demolition of Concrete & installation of Concrete Pit for Elevator (Estimate items 454, <5r500.00> 55, 960, 98 & 99) Delete Framing on Second Floor for Elevator <81000.00> (walls, floors & ceiling) Delete Glass Exitway on Roof (Estimate Item 1228) <43,944.00> Delete Glass at Exterior Stair (Estimate Item 4229) <11,822.00> Delete Framing, etc. for Exterior Stairs, Elevator & Glass Exitway (Estimate Items #127-135 & #160-162) <44,223.00> Delete Mechanical & Electrical Requirements for <18,600.00> Elevator, Glass Enclosure & Stairs Delete costs for extra mobilization, freight & <10.000.00 coordination Subtotal $613,973.00 Add Roof Maintenance 20,000.00 Subtotal $641,973.00 Add 8t Architectural/Engineering Fee for Re Design and Contract Documents (for office Bar & Restaurant Downstairs) 51.3 58200 - space upstairs, Subtotal $693,331.00 Add 1.6% Bond/insurance 11,093.00 Add 10% Contingency 69,333.00 Total Estimated Construction Cost $773,757.00 S= SYtlutPSI Nit 6 3 This synopsis is based on incorporating the cost savings of Cost Synopsis No. 1 with Cost Synopsis N0.2. Original EstimatedConstruction Cost (Refer to attached Cost Estimate) $7g4,726.00 (without contingency, bond & insurance) t: r. r - - • � - - — . ._ .. J� CITY 00 KENAI KENAI MUNICIPAL AIRPORT RENOVATIONS August 30, 1988 - Page Five Delete Bar/Restaurant Equipment & Furnishings (Item #318) A Delete P.A.A. Equipment Room Renovation to Display Area & Delete Phasing 0167r000.00 Delete S.cond Level Egress associated costs (See Cos'. Synopsis No. 2) Q80,733,00 Subtotal 0446,973.00 Add Roof Maintenance 28,000.00 Add 80 Architectural/Engineering Pee for Re Design & Contract Documents (See Coot Synopsis No. 2) 51,358.20 Subtotal $526,331.00 Add 1.6% Bond/Insurance 8,421.00 Add 10% Contingency 52,633, Total Estimated Construction Cost J C Summarys if the City desired to reduce the square footage of the lower level Dining Area, the estimates could be additionally reduced by approximately $50#,000.00. If the City elects to re -design the project level, 109, Vending 108 with Bar & Restaurant on the lower the Arcade and Elevator areas could be dedicated for re -design space of 1,,184 square feet. The areas allocated to Gifts 110 & III could be maintained as Gift Store space* If a new design were initiated and Contract Documents were ready for bidding in mid November, 1988, then the bids could be obtained and work commenced by January It 1989. We would project a six to seven month construction schedule for the construction. with the exception of the additional dining space and roof maintenance, the re -design would be all Interior work. The dining and roof work could be accomplished at the end of the construction scheduler after break-up. If the City chooses to go with the bar upstairs there should be additional allowances made in the budget for winter construction of the egress elements. If you have any questions, feel free to call. Sincerely, RLWE & ASSOCIATES gill Rlug hitect -- --- ----- - 1 attachment L. is an Anon An ,nQ in 130 trading bay rcad, suite 330 kenai, alasica 0-goy1 907 283.7733 t February ll 198e ,r 1 `Y OW b 05b A �' /-. . City of Kenai - 210 Fidalgo Street Kenai, AK 99611 Attention Randy Ernst, Airport Manager RE Airport Terminal Renovations Construction Cost Estimate r Dear Randyt M Attached please find a copy of the construction cost estimate as prepared by Clark?Graves, Inc, our consultant in Anchorage. The ( ; estimate a quite a bit higher than we have anticipated when we -" ' first began discussions and schematic designs. Unfortunately, it is difficult to estimate an intensive renovation project on a "dollars per square foot" basis. Until one has delved into the { project and did the drawings, it is practically impossible to 4. estimate this type of work. Since I know the $932,593 is much more than the City has considered• I discussed some alternatives with the estimator. Not much can be done to reduce the estimate, however some major f , reductions are as follows: 1. RE -use some food service equipment $20,000.00 2. Eliminate re -roof alternate 450,679.00 •:;'' 3. Eliminate Dining room addition 45,000.00'� $» _ ... :..__..'.4. 4. Eliminate glass tuber use conventional frame. .20.000.00 tN? Total 130,000.00 nwtfi Construction Cost 840,405.00 Less changes listed above 1,30.000.00 Total Cost 710005.00 =! Insurance/bonding 11,367.00 ----------- -- Unassigned -contingency 10% 71.040.00 Total Revised Cost $792,812.00 F, i br�r� 11 I city of Kenai Airport Estimate page two `1 cut another 35 or 40,000 dol.ar by not phasing We could probably down the restaur,.nt and bar for 6 the construction ie closing months. This option must be weighed against lost income. In reviewing the estimate,,Mr. Graves agrees that costs estimated for Division One General Requirements areso],oc le small and could probably be reduce by 5 - contractor be the suceHs eV eiigood estimating der hence npractices demand our of the estimate !� those costs be included. J` The current economic condition in our area may also help lower the cost• but it is not something that id.c can onsare Ofsmal l i especially when stisr e 36 subcontractors are ses must bemall allowing the owner project such as ' to perform the work. In that case, the owner does not have o t - ` pay fmf/her self the prevailing wage. This also helps bring the cost down• but 36 W8uecrates seep ave been used thro gh out. would be difficult to estimate Hence the title 9 S can assure you that we have not gold plated the prof cet. All interior finishes are specified to match existing. f Please contact me should you wish to discuss the estimate further. Sincerely• Armen vincent gintoli• architect fy _ armen V. G nto i cvg/dbm ' copy K. Kornelis L - - --- -A fir t. . N a i— carmen vincent gintoli. architect 130 trading bay road, suite 330 kenai, aiaska 99611 907 283.7732 C►ry�z'D February 25 1988 ff ;. ..� ..a 210 Fidalgo Street - '�" a City of Kenai Kenai, AR 99611 .. _ • ,w-oes Attention Was Brighton, City Manager REs Airport Terminal Roof Dear Billy it About a month ago when we had a warm spell there was a leak in f the roof over the lounge. At that time Howard called me and asked if I would go to the terminal and review the situation. I suggested that we ask Joe Popper of Peninsula Roofing to go with I us. Mr. Popper agreed to take a look with out charge. IM We spent the better part of an hour looking at the various situations. Mr. Popper concluded that the problem is probably failures at one or more of the many fiashings around the penetrations in the roof. Randy asked if re —roofing with a single ply (sheet) of roofing memebrane hot mopped over the entire roof would help. Mr. Popper stated it would nott that if there were existing cracks in the 4 ply system, it would not be long before they telegraphed through the added ply. I agreed with Mr. Popper. Randy felt the ply would help and asked that we include it in the. documents. We did so against our better t Judgement. I believe as does Mr. Popper, that the problem is caused by snow and ice build—up above the fiashings at the penetration which I j melts due to the greater amount of heat which occurs at the penetrations which are usually exhaust fans or mechanical equipment which produce heat. Since only the snow and ice around the flashing melts, puddles are formed, dammed by the unfrozen snow around the perimeter. Hence the build up, and back up above the -flashing.- ( -This is exacty what- occured at the Flight _Service Station yesterday, the roof on which is pitched.) By the wayy, _the __airport_terminal roof does not leak in the summer when it rains. - - -- - - - -- - J I L r 1� f• city of Kenai Attn Wm. Brighton February 25, 1988 _ .... The roof leak which is occuring in the "new" portion of the building which Randy spoke about last night is occuring at the intersection of the addition and existing building. Here, there is an expansion joint type of flashing which allows for movement. It is possible that the last earthquake we had which measured 5+ on the Richter scale could have broken that flashing. Redoing _ E7 the roof with a single ply will do nothing to correct flashing failures. t This letter is not written to offer criticism, but to state our ' position for the record should you decide to spend $45#000 on the single ply and have roof leaks a year or two later. ` ' Please feel free to contact me should you have any questions or - comments. Sincerely, =', a men vincen�tgintoli, architect rmenV. 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Ito CITY CITY OF Unni .,all a TROMONE283-7530 FAX907.2MM14 MEMORANDUM TO: Council Members City of Kenai FROM( othy J. Rogers, City Attorney -"- City of Kenai DATE: August 26, 1988 RE: Library Regulation Amendments As Council may recall, proposed library regulation amendments G were previously enclosed in the Council packet. I requested that those regulations be withdrawn and had them reformatted by the Legal Department in appropriate legislative form which shows additions by underlining and deletions by brackets so that one can readily ascertain the proposed modifications to the regulations. Attached please find the reformatted Library - regulations with amendments. KMC 1.56.020 provides, "The Librarian shall establish rules and regulations for conduct on the property of, and use of, the Kenai Community Library and library materials and a fine or penalty charge schedule for overdue, damaged, or failure to return loaned library property, which rules and regulations shall be -effective after approval by City Council and after being posted in a location within the library readily visible by library patrons." The procedures for these regulations do not require an ordinance '* and therefore with the consent and approval of Council, the proposed amended library regulations may be adopted and ------------- implemented. TJR/clf Attachment j kURARX REGULATIONS 1. Horrgyern' Cards: a. All transactions will require the presence of a valid library identification card which will be issued to a resident filing A& application, and accepting responsibilit (IES] X for the usage thereof [IT] . No card will -be issued to a minor under eighteen years (OLD) of -age unless the application, and acceptance of responsibility, is signed by the minor and also by a parent or person standing in place of parent willing to assume the responsibility for the minor for misuse or abuse of the privileges of tlikMgry Mggtge. b. Upon application for a card, the borrower will be permitted to check out one book. After the card is received through the mail, the borrower may check out as many as four books each library visit if all materials previously loaned have been returned and no fines, charges, or penalties are in arrears on [THE CARD] library records. C. Where privileges have been suspended on a card of a member of family group, privileges on all cards in the family group may be suspended(,) by giving prior written notice of suspension to a parent figure at the address on the (CARD) ,l i J2raX,�r,,ecord, and _will remain so, until the overdue materials have been returned, or the fines, charges, or penalties on the suspended card have been fully paid. a. Fines: a. Five cents ($.05) per day on fourteen -day books. b. Ten cents ($.10) per day on seven-day books and/or other library materials such as maps, periodicals, newspapers, (ATLASES), [AND] phonodiscs or cassettes. c. Five Dollars ($5.00) per day on non -book materials such as cassette players, screens, M projectors(J. and nc : Aino all ALV Materials, w.r M kURARX REGULATIONS 1. Horrgyern' Cards: a. All transactions will require the presence of a valid library identification card which will be issued to a resident filing A& application, and accepting responsibilit (IES] X for the usage thereof [IT] . No card will -be issued to a minor under eighteen years (OLD) of -age unless the application, and acceptance of responsibility, is signed by the minor and also by a parent or person standing in place of parent willing to assume the responsibility for the minor for misuse or abuse of the privileges of tlikMgry Mggtge. b. Upon application for a card, the borrower will be permitted to check out one book. After the card is received through the mail, the borrower may check out as many as four books each library visit if all materials previously loaned have been returned and no fines, charges, or penalties are in arrears on [THE CARD] library records. C. Where privileges have been suspended on a card of a member of family group, privileges on all cards in the family group may be suspended(,) by giving prior written notice of suspension to a parent figure at the address on the (CARD) ,l i J2raX,�r,,ecord, and _will remain so, until the overdue materials have been returned, or the fines, charges, or penalties on the suspended card have been fully paid. a. Fines: a. Five cents ($.05) per day on fourteen -day books. b. Ten cents ($.10) per day on seven-day books and/or other library materials such as maps, periodicals, newspapers, (ATLASES), [AND] phonodiscs or cassettes. c. Five Dollars ($5.00) per day on non -book materials such as cassette players, screens, M projectors(J. and nc : Aino all ALV Materials, w.r M r 3. Service Charges: a. Ten Dollars ($10.00) handling charge for books or other materials that are lost or damaged beyond repair, This J& in addition to full replacement costs. ((FORT C0611 = out -of -print books age as follows: (i) (THIRTY-FIVE] Forty dollars for Alaska books; (ii) (TWENTY] irtv-five dollars for non-fiction books; (iii) (AND FIFTEEN]Twenty dollars for (FICTION BOOKS SHALL BE CONSIDERED FULL REPLACEMENT COSTS.)] children's books. b. (ONE) W Dollar#. (($1.00)] 02.091 for each (POSTAL CARD] mails notice or telephone call that is necessary to effect return of overdue books and/or other library materials or settlement of other charges. 4. Replacement Charges: a. ($•25] 3.50 for each pocket missing or defaced. b. ($.10] L•25 for agch item returned without date (SLIPS] Bard. C. ($.25] $2.00 for (LOST LIBRARY] replacement identification card. d. ($.25] L 50_ for gamaged or missing spine labelg,. e. ($1.00] S3.00 for damaced or missing record sleeves. f. ($1.00] S340 for damaced or missing hang-up bags. 5. a es: a. ($1.00] ,S.00 per page for torn or defaced pages or covers. (Pages or covers containing scribbling,. (OR] writing or pages that have been mended with scotch tape or like material are considered defaced.) b. if (READING] library materialg, (IS] gyre damaged to the extent that any part of it is illegible, (THEN) charges under paragraph 3(a) above will be applicable. LC. PROFESSIONAL REPAIR COST FOR DAMAGED NON -READING MATERIAL, BUT IF NOT REPAIRABLE, THEN CHARGES UNDER PARAGRAPH 3(A) WILL BE APPLICABLE.) 6. Limi-ted Circ lation: Books designated "Limited Circulation" are to be loaned only to borrowers with responsible library usage for the immediate past six months. A five -dollar fine will be imposed if any such book is deposited through the book drop. 7. Renewal-&: a. Books and/or other library materials may be renewed once if not reserved. b. Nothing will be renewed by telephone. r-- • SME COW — 1 pLPARTIME" OF REVENUE AO w.'TM" "nrc►+o►woE, auswA e95014e90 ALC0MLIC9EVER4GEGbNrAoL aDARD Al M92021p�•,�' August 10, 1986 L Gd'r � c� c/rj•�i � s�'� op •U << Dear licensee: � -The last session of the fifteenth Alaska State legislature enacted legislation which impacts Alaska alcoholic beverage law and licensees. Governor Cowper has signed the legislation into law. This letter is intended to provide you with a copy of the legislation and brief description of how it may affect you as licensee. A copy of each enacted legislative bill is also enclosed. Bile License Effective Date SLA Chapter No. 1) SB 371 Packane Store 91,108 156 Primary elements of this bill which affect package store licensees are: a. Posses 1o_n by a person of 1. more than 12 liters of distHied soi�rlts, 2. 24 liters or more of wine 3. 45 liters or more of malt beverages in an area where the sale of alcoholic beverages is prohibited "creates a presumption that the person possessed the alcoholic beverages for resale." CAUTION -Under the new law, a package store licensee may ship in response to a written order up to eighteen (16) liters of distilled soir_i_ts_ within a monthly period to a person in a local option area. This quantity exceeds the 12 liters noted in a(1). If a. A licensee may not divide or combine orders or shipments to circumvent the above limitations. - x-r Letter to all licensees (Cont'd.) August 10, 1988 Page 2 C. CAUTION - A person may not ship alcoholic beverage by common carrier unless "The shipping container holding the alcoholic beverages is clearly labeled as containing alcoholic beverages with letters that contrast in color to the shipping container and that are at least two inches in height;" and "an itemized invoice showing the purchase value of the alcoholic beverages is attached to the outside of the shipping container." 2) SB 276 Beverage Dispensary 6/7/88 ill A beverage dispensary licensee may apply for a "brewpub" license to manufacture not more than 16,000 gallons of beer in a calendar year. Beer manufactured and sold under a brewpub license is for consumption only on the beverage dispensary licensed premises. licensees who do business 3) SB 51 in a local option area 8/3/88 27 Any person who participates in the illegal sale or distribution of alcoholic beverages in a local option area is, upon conviction, guilty of a class "C" felony. Prior conviction, sale to a person under 21, and quantity of alcoholic beverages sold are no longer elements which are required for a person to be found guilty of a class "C" felony. 4) SB 391 Brewery/Winery 9/14/88 157 A holder of a brewery or winery license may sell less than five gallons of product to a person who is present on the licensed premises. Additionally, small portions of product may be sampled by persons free of charge on or off the licensed premises. All licenses in 5) HB 297 community council areas 9/2/88 100 This bill -amends current law requiring notice to community councils. The amendment requires notice by the board to community councils of all applications for "issuance, renewal, relocation, or transfer of ownership for premises or proposed premises that are located within one-half mile of the boundary of a community council ....." According to the board's information, areas which contain community councils are the Municipality of Anchorage and the Matanuska-Susitna Borough. Applicants/licensees in those areas will be required to provide the following information in all applications which they may file: -2- r-- letter to all licensees (Cont'd.) August 10. 1988 + Page 3 Y a. The mailing address for the community council in whose area their licensed premises resides and the name of - the community council person to whom notice should be sent. b. The same mailing information for any adjacent community councils, if the applicant's/licensee's premises is within one-half mile of the boundary of the adjacent community council. c. An application which does not provide the mailing notice information wilt not be processed. Application forms are being revised to provide space for this information. Please take time to review each bill for elements of new law which may not directly affect you as a licensee but address other significant areas concerning alcoholic beverages and the general public. For example, it is illegal for a person to purchase alcohol from a person who is not a licensee or permittee, and except as provided by law, a person may not furnish or deliver alcohol to a person under 21 years of �' ." age. Additionally, a person receiving compensation for transporting • alcoholic beverages may not knowingly deliver alcoholic beverages to a drunken person. If you have any questions, please do not hesitate to call the board's staff. Sinc rely, Vt Patrick L. Sharrock ti Director (907) 277-8638 PLS/Jw Enclosures cc: Hugh Naldhe, Commissioner cc: Municipalities Jim Forbes, Assistant Attorney General Community Councils 1 Ppter Froehlich, Assistant Attorney General Senator Rick Halford Northern Air Cargo Senator Bette Fahrenkamp Alaska Airlines Senator Pat Rodey - - - - Ryan Air Senator Johne Binkley Nark -Air Representative Dave -Donley Herman Air Representative Pat Pourchot Mothers Against Drunk Drivers Alaska State Troopers CJ Cabaret, Hotel, Restaurant, and Retailer's Assocication. 1 OMI '•i r- - Memo to: Kenai city Council From: Charles A. Brown, Finance Director eQ4 Date: August 30, 1988 Subject: General Fund, Fund Balance and Appropriations council has asked that I report on the balances in the General Fund at June 30, 1989 and the amounts that have been appropriated since that time. On July 27, 1988 I drafted a workpaper that listed significant balances as of 6-30-88 in most funds. That workpaper was in your council packet. I have updated the workpaper and the revised copy is attached. The General Fund Unreserved/Undesignated Fund Balance at 6-30-88 was $6,836,934. This is after subtracting the appropriation of $174,293 to help finance the 1988-89 Annual Budget. since that date, the only appropriation from this account has been $244,000 to help pay debt service on the Inlet Woods bonds. The only pending appropriation from this account is the $90,000 to the Kenai visitors and Convention Bureau. Therefore, assuming that the pending appropriation passes, the balance in this account will be $6,502,934. The General Fund Capital Improvement Reserve at 6-30-88 was $2,572,015, Since that date, the only appropriation from this account has been $950,000 for the cold storage facility. Therefore, the balance is $1,622,015. The General Fund contingency at the beginning of this fiscal year was $50,000. Since then, the Council has appropriated $25,295, as follows: Sr. Citizens-Architecural Design $ 4,650 Sr. Citizens -Remodel Shop 2,000 Fort Kenay-Repair Roof 6,060 Decorations -Memorial Park & Other 2,585 Therefore, the balance of the contingency account is $34,705. [IN L I A i i f; r k. . t' � t REVIEW OF FUND BALANCE/RETAINED EARNINGS ACCOUNTS 08.30.88 (AUDITED) (UNAUDITED) INCREASE 6.30.87 WD-88 (DECREASE) GENERAL FUND: OILY INSURANCE RESERVE 131,083 120,145 -3,736 WORKING CAPITAL RESERVE 400,000 400,000 0 CAPITAL INPROVINENT RESERVE 2,372,015 2,572,015 200,000 DNAPPROPIIATED FUND BALANCE 6,291,738 6,836,934 $15,196 OPICIAL REVENUE PUNOS: NATIR i 81WIR ONAPPROP. POND BALANCE 753,317 982,451 229,134 AIRPORT LAND SYSTIN UNAPPROP. IND BALANCE 2,991,390 3,365,44E 374,057 YIDIIAL REVENUE SHARING UNAPPROP. POND BALANCE 817,096 463,267 -353,829 COUNCIL ON AGING UNAPPROP. FUND BALANCE 1,73E 0 -1,731 OR. DAY CARE ONAPPROP. POND BALANCE 0 0 0 SR. INPLOYNINT UNAPPROP. FUND BALANCE 13 0 -13 COUNCIL ON AGING-BORO UNAPPROP. FUND BALANCE 41168 10,526 61358 DIET 811VICE FUNDS: 1967 FUND BALANCE 1,013,999 919,931 -94,060 1974 FUND BALANCE 1,635,370 1,344,256 -291,114 1980 FUND BALANCE 0 0 0 1984/66 (DIFICIT) -373,484 -665,163 -311,679 ENTERPRISE FUNDS: BOATING FACILITY RETAINED EARNINGS 11) 6,671 333,677 327,006 AIRPORT TEININAL RETAINED EARNINGS 640,749 634,179 -6,570 TRUST FUNDS: GIN. FUND LAND SALES FUND BALANCE 2,238,572 2,230,572 0 AIRPORT LAND SALES FUND BALANCE 7,727,512 7,020,754 -706,758 TOTALS (KENO ONLY) 26,652,740 26,561,999 -87,741 111 $294,017 Of BOATING FACILITY RETAINED EARNINGS IS DUE TO GINIRAL FUND AND FEDERAL REVENUE SHARING CONTRIBUTIONS TO CAPITAL ASSITS. C :5010 i TO DO LIST AUGUST 17, 1988 1 - J. Ruotsala - schedule work session with Council, Chamber of Commerce, Visitor's and Convention Bureau - August 24, 1988, 7:00, library. - 2 - J. Ruotsala - change agenda (D-5) to Visitor's and Convention Bureau. 3 - K. Kornelis - check lights on Memorial Park fountain. 4 T. Rogers - check if Bed and Breakfast business is allowed in some areas. 5 - T. Rogers - ordinance to amend Code - lessee incurs cost - - --- .. of surveying, part of lease agreement. LL.Y• t�� r-... lwro--�6, KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES AUGUST 2. 19881 7130 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA -AGENDA - page No. A. CALL TO ORDER 1 "-I B. PLEDGE OF ALLEGIANCE 1 C. INVOCATIONs Rev. Chas. Shoemaker, Kenai Bible Church 1 D. ROLL CALL 1 E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTESs July 19, 1968 i Approved 0. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Glick, Keene, 1 ` O'Connell, Mooch, Nash) (b) Local Affairs/Legislative (Skogstad, Glick, k McGahan, Mullen, O'Connell, Phillips) (c) Public Works/Education (McLane, Brown, Hodgins, 1 McGahan. Skogstad, Valli) 1 (d) School Construction Task Force Final Report (Hodgins) H. MOTIONS TO RECONSIDER t I. AGENDA APPROVAL AND CONSENT AGENDA 2 Adopted (a) Resolution "Commending Elaine M. Giles for Her Public Service on the Occasion of Her Retirement from the City of Seldovis" (Mayor/Borough Assembly) (b) Res. 68-61(Sbst) "Authorizing Award of a Contract for the Anchor Point Fire Station Renovations, 1988 Jobe Bill Project" (Mayor) (c) Res. 88-68 "Authorizing Award of a Contract to Ls—Dpreir 'ffice Systems in the Amount of $41,012.23 for Legal/Finance Departments' Furniture Purchase and Installation" (Mayor) (d) Res. 88-69 "Authorizing Award of a Contract to aL piht�al or ice Systems in the Amount of $57,693.82 for Planning/Asseosing Departments Furniture Purchase and Installation' (Mayor) (e) Res. 88-70 "Authorizing Award of a Contract to "eve xutherford Floor Covering in the Amount of $18,355.00 for Carpet Replacement for Various Areas of the Borough Administration Building" (Mayor) J. ORDINANCE HEARINGS (a) Ord. 88-32 "Approvingg the Construction of the Sc Amending Ordinance ewer ementary col, Nos. 82-51, 83-47, and 85-51 to Authorize the Use of Excess Bond Proceeds in an Amount Not to Exceed $4,000.000 and Appropriating in Other Jorough Funds for the $2,850,000 Construction Thereof" (Mayor) 2 Patppnd to. S/16 K. INTRODUCTION OF ORDINANCES L. CONSIDERATION OF RESOLUTIONS - -- - (a) Res. 88-71 "Ratifying a Grant Policy Pertaining o nai Peninau a Borough General Govern- 4 Patpnd ment and Services Areas" (Mayor) (b) "Requesting that the State of Alaska Environmental Conservation Notify to,.181181-72 r n of Kenai Peninsula Borough Assembly of Permit 4 Adopted Applications" (Brown) „ (a) Res. 88-63 "Ciaeoifying Tract 3. Nikiski Park u v s on as Public Use/Recreation Land to Be Retained for Recreation Use and a Solid Waste Transfer Site" (Mayor) POSTPONED 7/19 ated S w/f�e�R M. PENDING LEGISLATION limesaeenoted)ion which will be addressed nhisiitem M (a) Ord. 88-27 "Amending KPB Title 21 to Add a New 200 Pertaining to the Burial. Dumping. ' }! Chapter Transporting, Storage Incineration, or Other Harmful, DisposalTHEARINGr6/16ar- our wastefMaterials" (Nash 1 (b) Ord. 86-29 "Transferring $85,000 from the Kenai Landfill Account and Appropriating the Funds to for the City of Kenai to Remove a Project Account Excess Sand from the Kenai Landfill" (Mayor) SET HEARING FOR 8/16/88 (c) Ord. 88-28 "Accepting and Appropriating a Grant State of Alaska of 190,800 for Nikiski from the School Pedestrian Walkways" (Mayor) NEAR 8/16/88 (d) Ord. 68-30 "Accepting and Appropriating a Grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) SET HEARING 8/16 (a) Ord. 88-31 "Accepting and Appropriating Grants from the State of Alaska for implementation of ea!'(Mayor)gSETcHEARING FORf8/16/88the Seward y Area a A propristing Funds for the Waste (f) Ordpp. 86-33 "At aSET heOrdinance Comm (Nash)ssion G FOR 9/20/88 68-27 (ReviDisosal (g) Res. 88-66 "Opposing the Establishment of a Special Waste Site in the Nikiski Area (Brown TABLED 7/19/66 Carey, Glick, Hodgins, McGshan) N. FORMALPRESENTATIONSVITH PRIOR NOTICE UPON SUBJECTS NOT ON MEETING ENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 'S REPORT 6 P. MAYOR Q. OTHER BUSINESS (a) Hearing on Amoco Production Co. Wastewater Disposal Permit Application (Letter of NonObj.) 7 Approved R. ASSEMBLY AND MAYOR'S COMMENTS 9 S. INFORMATIONAL MATERIALS AND REPORTS _ T. NOTICE OF NEXT MEETING AND ADJOURNMENT (August 16, 1988) (Motion to hold next meeting at Nikiski High School) 10- Approved✓ i KENAI PENINSULA BOROUGH - REGULAR ASSEMBLY MEETING MINUTES t' AUGUST 2, 19881 7s30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the Assembly was called to order at 700 p.m. I by Pros. Jonathan W. Sewall. }. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Charles Shoemaker, Interim Pastor of the Kenai Bible Chapel. - D. ROLL CALL " PRESENT: Aseemblymembers Brown, Casey, Crawford, Glick, Hodgins, McGahan, McLane Moock, Mullen, Nash, Phillips, Sewall, Gilman, Planning Director -- ----- -- — Wallis Mayor Attpp. Boedeker, Fenner, Borough Clerk Brindley J.i EXCUSED: Assemblymember Skogstad y ABSENT: Assemblymembers Keene, O'Connell E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS ` I --- �- : F. APPROVAL OF MINUTES i ' The minutes of the regular meeting of July 19, 1988 were approved x with a typographical correction. G. COMMITTEE REPORTS .. (a) Finance (Crawford, Carey. Glick, Keene, O'Connell, Moock, Nash) Mr. Crawford stated the committee received a report on the Economic Development District financing. _They have been operating on a rant Other and have applied for additional grants to continue. sublacts + discussed were agenda items. ' (b) Local Affairs/Legislative (Sko stad, Glick, McGahan, Mullen, O'Connell, Phillips) Mrs. Phillips reported the committee met and discussed the Amoco permit in addition to agenda items. i (c) Public Works/Education (McLane, Brown, Hodgine, McGahan, Skogstad, Walls) Mrs. McGahan, having chaired the meeting reported the committee heard from and discussed with approximately 20 residents of Popppq ;y Lane who would like to see their road paved, the system of prioritia- ing that has been developed. (d) School Construction Task Force (Rodgins) Mr. Rodgina stated the final report of the committee is in the desk packet. He stated it was the consensus of the committee that results of the questionaire circulation should be provided to the Assembly which could then make recommendations to the appropriate body. lie reported a total of $146.50 was spent including printing and mailing the He hoped the report would have a questionaires. positive impact on future school construction projects. H. MOTIONS TO RECONSIDER I V — - _ Y i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2. 1988 , I. AGENDA APPROVAL AND CONSENT AGENDA Mrs. McGahan requested on behalf of the Public Works Cmte. that Res. 88-61(Sbst) be placed on the agenda and Res. 88-68. 69. 70 on the Consent agenda. Mr. Nash suggested Res. 88-61(Sbst) to the Consent Agenda as well. There was no objection and no public comment. Mrs. Phillips requested the hearing on Amoco Production Co. wastewater permit be placed on the aggenda under item Q. Pres. Sewall read the commending resolution in its entirety,and the others by title and the Consent Agenda was adopted as showns (a) Resolution "Commending Elaine M. Giles for Her Public Service on the Occasion of Her Retirement from the City of Seldovia" (Mayor/Borough Assembly) (b) Rea. 88-61(Sbst "Authorizing Award of a Contract 0 tTi0 a or roint Fire Station Renovations, 1988 Jobs Bill Project" (Mayor) (c) Res. 88-68 "Authorizing Award of a Contract to Caapital Office Systems in the Amount of $41,012.23 for Legal/Finance Departments' Furniture Purchase and Installation" (Mayor) (d) Res. 88-69 "Authorizing Award of a Contract to ap to Tice Systems in the Amount of $57.693.82 to for Departments' Furniture Purchase and Installation' (Mayor) (a) Res. 88-70 "Authorizing Award of a Contract to evt veRuuffierford Floor Covering in the Amount of $18,355.00 for Carpet Replacement for Various Areas of the Borough Administration Building" (Mayor) J. ORDINANCE HEARINGS (a) Ord. 88-32 "Approving the Construction of the ewa8 sd"Erementary School Amending Ordinance 83-47. 8J-51 to Authorize the Nos. 82-51. and Use of Excess Bond Proceeds in an Amount Not to Exceed 04,000,000, and Appropriating $2,850,000 in Other Borough Funds for the Construction Thereof" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ENACTMENT OF ORD. 88-32. Mr. Crawford reported the Finance Cmte. recommends passage of the ordinance with two amendments (1) changing the amount in the title following "appropriating" to $2,150.000 and (2) in Section 3 second $1,949,053. paragrapchange the estimated borough payment to Mrs. McGahan reported Public Works Cmts. has a "do pass" recommenda- tion for the ordinance. Public hearing was opened. Md Wasilie. Seward. spoke as a member of the Seward PAC and parent o s u en s. She stated project enrollments this will year will fill the schools to capacity in both schools. The conservative projection for the next two years will increase the elementary by 60 and the 100 in the Jr/High school. Some of the employees at the prison are commuting from Mchoragel those with small children are moving in and the real estate market is active. The sawmill opening next year will bring additional families. Fish processing is an expanding industry and steady population growth is expected Good community assets are an important -part of the whole -growth potential. -2- "71 i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2, 1988 Charles Collier, Seward, spoke as a parent and as a correctional officer at the new facility. as well as a community member viewing the expansion in the fisheries. He asked support of the ordinance to place the matter before the voters and pledged his effort toward passage of the question. Blake Johnson, North Kenai, stated his support for the school project utteeItthe proposition was confusing. - Public hearing was closed. Mr. Carey acknowledged the language was difficult although required by the state. He noted the school was the Borough's No. 1 priority for funding last year and only $2.15 million was forthcoming. He appreciated the Mayor's continued effort to find a way to get the school built without incurring any additional debt to the Borough. _ Mayor Gilman addressed the problem of difficult wording by reporting he and the Finance Director met with the bond attorney to formulate a proposition that conformed with state law and borough ordinances. ties to be The total amount including interest on money borrowed part the of the proposition. He used an overhead projector to show breakdown of coat figures as well as sources of financing. He hoped --- additional information provided the voters would clarify the program. ' ASSEMBLYMEMBER NASH MOVED TO ADD A THIRD PARAGRAPH TO THE PROPOSITION TO READ "No new bonded indebtedness will be incurred by the Borough BY A VOTE OF 11 YES with this funding plan." THE MOTION WAS APPROVED TO 2 (McGahan, Brown) NO. ASSEMBLYMEMBER McGAHAN MOVED TO AMEND THE FIRST SENTENCE OF THE 2nd PARAGRAPH OF THE PROPOSITION AS FOLLOWSs "The estimated total project { cost is $9 million. The interest on the bond proceeds of previously issued SondB. is 43." Mrs. McGahan stated this would separate the construction cost from interest to it would only be a $9 million school with _ the cost show the balanced to be paid in interest. Mayor Gilman did not think the bond attorneys would object to that change, believing it was a judgement call as to which was clearer. In answer to other questions, he stated he would recommend against not notifying the Dept. of Education that bonds had been used to pay bonds. Reimbursement by the state is tied to bond payments, it ' off has do with what is spent. On the of Borough cash nothing to portion being used, the annual audit must show that the money has actually , been spent prior to get reimbursement --which is why it takes two years. It was noted on previous bond issues the borough was required to 'i stated up to 80% reimbursement was expected although there was little figured chance of receiving that amount. In this issue, 701 was to be received but a statement to that effect was not part of the pro- position. Pres. Sewall asked the attorney what the implications would be if amendments are made to the proposition and the state will not approve them for the ballot. Mr. Baedeker stated approved amendments are : - binding unless they are found to in inconsistent with the laws legal requirements control over procedural requirements. He stated he felt he had an idea of what the Assembly's concerns were and rather than vote on further amendments, he suggested he be allowed to work on the bond wording in the next two weeks, with counsel's concurrence to come up with a propos'd,ion satisfactory to both the Assembly and the state. Mr. McLane suggested something similar to the listing of expenses and sources of revenue the Mayor prepared be presented on the ballot in addition to the required language. -3- i j: j Y i R'ENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2. 1988 Mayor Gilman clarified that there was $2,496,843 in interest that would be due on the $4 million of existing bond money. Mr. Crawford pointed out there was no provision for early payment of bonds. so the $2,496,843 in interest would have to be paid in any case. MRS. McGAHAN WITHDREW HER AMENDMENT ON THE BASIS OF THE ATTORNEY'S STATEMENT. ASSEMBLYMEMBER CAREY MOVED TO POSTPONE ORD. 88-32 UNTIL AUGUST 16 AND IT WAS APPROVED BY UNANIMOUS CONSENT. Pres. Sewall called a 10 minute recess. K. INTRODUCTION OF ORDINANCES L. CONSIDERATION OF RESOLUTIONS (a) Res. 88-71 "Ratifying a Grant Policy Pertaining OM e6—nai Peninsula Borough General Govern- ment and Services Areas" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 88-71. Mrs. Phillips reported Local Affairs Cmte. advised the resolution should be postponed until the next meeting. Mr. Crawford reported Finance Cmte. concurred with that recommendation. Alan Bute, Lamplight Rd.. stated the only improvements to come to the oca have come through the legislators by direct grants. He felt the policy was discriminatory in that all grants would have to be approved by the grant coordinator. He hoped it would be defeated. ASSEMBLYMEMBER PHILLIPS MOVED TO POSTPONE RES. 88-71 TO THE AUGUST 16 MEETING. Mrs. Phillips stated there were several service areas which had not had opportunity to discuss the policy with administration. Mayor Gilman reported the policli was developed at the suggestion of the auditor because grants have been applied for by unauthorized stated he s have s speakingofof operational ggrantslosuch term dbeenrplaced before the Assembly this year after they had been applied for. THE MOTION TO POSTPONE WAS APPROVED BY UNANIMOUS CONSENT. (b) Res. 88-72 "Requesting that the State of Alaska Department of Environmental Conservation Notify the Kenai Peninsula Borough Assembly of Permit Applications" (Brown, Carey, Glick) ASSEMBLYMEMBER BROWN MOVED THE ADOPTION OF RES. 88-72. Mrs. Phillips reported Local Affairs Cmte, recommended passage. Alan Bute, Lamplight Rd., spoke in support of the resolution, recalli g ADEC promised to followup on their meeting with Marathon Oil and the public, but to date he has not been able to get any information on further developments. Ma li Sisson, Sterling. supported passage of the resolution as a means o acomIng better informed. ►TahSuperman, Nikiski, urged adoption- ofthe resolution, -believing was a void- that -needed to -'-be filledt administration had received notice of the Marathon permit application some time before the assembly was advised,--- -4- - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2, 1988 Mr. Brown reported regulations of the Dept. of Environmental Control for require a notice be published of applications permits with additional requirement that a hearing will be held if requested i within 30 days after second publication. The hearing must be ` i requested by 50 residents of the effected area or by the governing does -;. body, but the governing body not receive notice. i Mr. Nash stated he has been fighting the same problem for 4 years but he has concern with the fact that the regulation referred speaks to a wide spectrum of permits that the Assembly would have no interest in and which would only clutter up the system. In addition, a simple request to send notice would not have the effect of amending the regulation to include the local governing body in the notice program. Mrs. Glick reported there is a part of the Planning Commission's agenda dedicated to listing permits and applications under list, Assembly - consideration by various agencies. With a similar the further information. could chose which applications merit seeking -- - - -- Pres. Sewall stated he had set up a workeession with the Planning 8 item being a review o ! j ,t Commission on Monday, August with the main the roles of each body and the permit list could be included. Mayyor Gilman stated any individual could request to be placed on ADEC's mailing list to receive notification. He felt having Assembly members's names on the mailing list would get the information to them r sooner than the Borough's official notification. - -- -# ASSEMBLYMEMBER NASH MOVED TO POSTPONE RES. 88-72 AND IT FAILED BY A VOTE OF 4 YES TO 9 NO: YES1 Naah Mullen, Crawford, Moock Hodginm, McLane. j Not Philips, Walli, Glick, Carey, Sewall, Mc6ahan, Brown ASSEMBLYMEMBER BROWN MOVED TO AMEND, AT THE SUGGESTION OF THE ATTORNEY, SECTION 1, BY STRIKING "affecting" IN THE 4th LINE AND - INSERTING "within" IN ITS PLACE. MOTION WAS APPROVED BY UNANIMOUS p CONSENT. RES. 88-72 WAS ADOPTED AS AMENDED BY A VOTE OF 12 YES TO 1 (Crawford) _ NO. (c) Res. 88-63 "Classifying Tract 3, Nikiski Park uSu v=e on as Public Use/Recreation Land to Be Retained for Recreation Use and a Solid _ Waste Transfer Site" (Mayor) POSTPONED 7/19 ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-63. Mrs. McGahan reported Public Works Cmte. discussed the resolution and recommended postponing one more meeting. She stated there would be no problem with the service area going ahead with the project. She again recalled the site was selected for a school at one time although the land was not formally classified as school land. Mrs. Phillips reported Local Affairs Cutts. concurred with postponement. Karen Koester, Director, North Peninsula Recreation Service Area, urged ado on rather than postponement of the resolution. She stated she ham been working on this classification since April, attending Planning Commission meetings and wished to answer any . questions the Assembly might have. She stated the portion once selected for a school site would be very expensive if at all osmible p " due to the sloped terrain which includes marshland and a lake. Her "- -- -- -.--- concern is -that some time in the future when the board and assembly c; has changed and the track is in place, use of the land could be questioned. She had tried hard to follow the proper procedure for — use of land and questioned the fact that lands designated for schools were not classified. -5- } J KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2. 1988 In answer to questions she verified School District had indicated it had no interest in the tract as a school site. Also, her original - request was for only a portion of Tract 3 but Planning Dept. advised to classify the entire tract was preferable as a portion was used as a waste transfer site. Mr. McLane did not see why the original request for a portion of the tract could not be approved for recreational use and the balance reserved for some other use. It seemed an attempt to simplify by Including the entire tract has actually complicated the issue. ASSEMBLYMENBER WALLI MOVED TO POSTPONE RES. 88-63. Mrs. Walli referred to the memo from Aset. Atty. Schmidt, which state@ this is a land use restriction, not a classification, with ,. LWCF aFant monies involved. She regretted the lands identified by the School Site Selection Committee were not classified at the time. ` - - She believed as the population increases and more demands on public services are made. public land will be scarce. Mrs. McGahan spoke for postponement and against getting "locked in" when the recreation project can go forward without it. She felt h: '.. recent personnel changes had resulted in the confusion as to its 'j intended use. THE MOTION TO POSTPONE FAILED BY A VOTE OF 7 YES TO 6 NOs YESs Phillips, Walli Crawford. Moock, Sewall, McGahan, Brown NOs Nash. Mullen, Hick. Carey. Hodgins. McLane _ VOTE WAS CALLED ON ADOPTION WHICH FAILED BY A VOTE OF 7 YES TO 6 NOt - YESs Nash, Phillips. Moock, Glick, Carey, Hodgine, McLane NOs Walli. Mullen, Crawford, Sewall, McGahan, Brown ** MR. HODGINS GAVE NOTICE OF RECONSIDERATION AT THE NEXT MEETING. M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 88-27 (Nash) SET HEARING 8/16 (b) Ord. 88-29 (Mayor) SET HEARING FOR 8/16/88 (c) Ord. 88-28 (Mayor) HEAR 8/16/88 y.' (d) Ord. 88-30 (Mayor) SET HEARING 8/16 (a) Ord. 88-31 (Mayor) SET HEARING FOR 8/16/88 - - .r (f) Ord. 68-33 (Nash) SET HEARING FOR 9/20/88 % (g) Res. 88-66 (Brown. Carey, Glick, Hodgins, McGahan) -.f. TABLED 7/19/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA t 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS ~' P. MAYOR'S REPORT ' Mayor Gilman reported he and Mr. Haevelin attended the Emergency Management Institute seminar for disaster planning last week in Maryland. While there, they ---invited staff -to conduct a disaster exercise in the Borough in June 1990. They will conduct a disaster which will be a test of the disaster plan which will be developed in t -6- t '0 f, L 0"i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2. 1988 (! 1 3 the interim. A management training program will be organized to include firefighters, chiefs, police and some elected officials. Q. OTHER BUSINESS (a) Hearing on Amoco Production Co. Wastewater Disposal Permit Application Pros. Sewall read from the notice that the permit will be for discharge of a maximum of 250,000 gallons of wastewater (mostly runoff water) collected in a treatment pit, used in the past. Discharge will take place during the removal and cleanup of the pit. The purpose of the hearing is to receive testimony for comment to the ADEC regarding issuance of the permit. He then invited persons who wished to speak to address the group. Mar Sisson. Sterling, spoke to Amoco's Permit No. 8823-DB005. She state t e r application which she obtained from ADEC shows they are in the process of removing the hydrocarbon contaminated sands and gravels. The Planning Commission staff report notes the background use of the pit. She stated she has a list of the industries that disposed at the Sterling Special Waste Site, and Amoco is on it, so apparently what was taken from there was considered "special". She stated she has real concerns that the priority pollutants are not being totally tested for. An EPA lab is not being used. There are many concerns about animony, nickel and zinc which were of real concern at the Sterling site, in the monitoring wells and water table. Also, the heavier hydrocarbones it is known PCBs are mixed with waste oil. PCBs have not been addressed. The base neutral acids are of great concern, they are the thiolates and numerous compounds that are very toxic and have not been tooted for. The hydrocarbon benzine, tyolene and ziolenes have not been tested for. Oil and grease was found at 21 milligrams per liter or 21,000 parts per billion. The Borough is in the process of doing a Coastal Management Plan which will be addressing what is going into the Inlet, into our rivers, and the groundwater situation. She had recently been given a report done in 1979 by Fish 6 Wildlife on the Kenai River which showed contamination in the salmon. The stuff that biocumulates in the fish is taken up by our system when the fish is eaten. She stated we are trying to clean things up and it is Importlanr-that the Assembly as the people who can make the decisions, call a chemist and make sure they are an EPA lab and are taking good samples, question what they should be testing for, at what levels. There are rivers and streams that have been closed because people can no. longer eat the fish. We can't have that up here. She urged the Assembly to look seriously at what's being done before giving an OK to what they are about to do. Chh I Winkler Environmental Coordinator for Amoco Production Co. in 71Tael, Tirst thanked the Assembly for the opportunity to present the re uest for the wastewater discharge permit which is before ADEC at this time. She stated they were present at the request of the Mayor. She reported Amoco's facility was established in the mid-608 with the idea of being an onshore processing center and later it was found that unnecessary as oil is processed offshore. It was necessary, however to have a pit onshore, was judged to be the best method. It has since been found pits are not beneficial or necessary with technological improvementat Lset year Amoco was asked by ADEC to test the site for hydrocarbine contamination in the sands and pgito have haveabeenund estabiished over the did have old pit sottTTo in the bestarea their knowledge the new pit has been lined since 1972 and holds materials they wish to process at this time. The method to be used is a centrification process in three stages. Water, oil and solids will be separated. The oil will be sold, the solids will be processed and used for asphalt to pave surrounding parking and other areas and the water will -be- discharged -of€shore. - Any water --showing a sheen or exceeding ADEC's oil and grease discharge requirements would be processed through carbon filtering systems and discharged approximately 10 miles off the coast. She passed an aerial photo of -7- t.: KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2. 1988 the area indicating the pit to be drained. She stated they plan to use the sand and gravel in the area which contain hydrocarbons in the asphalt to pave access. She stated most of the materials have been tested through Chemical and Geological Laboratories, an EPA approved lab. There are no PCBs on the property. The site has only been used for support and logistics, not processing. They have tested for heavy metals and found none. Because they are not disposing, but are making use of the materials, a disposal permit has not been applied for. She requested the Assembly issue an intent of nonobjection to ADEC for the permit so that the work can go forward. Me. Winkler answered questions from Aseemblymembers, reporting after the filtering process the water to be discharged will have some barite which is naturally high in the Kenai area and some oil and grease but only about 2 parts per million, far below EPA and ADEC requirements. She stated the location, just off Granite Point, has no fishing activity and fish migrating should not be affected by the water discharged. Water discharged would be intermittent but about SO - 70 g&Ilona minute, to begin as soon as possible and accomplished before winter. C. A. Short, North Road, reported he worked on the first pipeline from the facility to the platform and he had replaced all. the original spools to the platforms. He testified to the great amount of tidal action in that location, making the pipeline impossible to continue. He reported visiting the site recently he was satisfied personnel have done everything possible to monitor the condition of the area, drilling 20 wells for testing purposes. He believed with the 3 stage centrifuge and the paving, the cleanup will be something that should be commended. They are eliminating a site rather than creating one. He urged approval of the project. Pros. Sewall asked Mr. Fenner to confirm the matter had been before the Planning Commission resulting in a letter of nonobjection. Mayor Gilman stated a letter would be fortheomina. ASSEMBLYMEMBER CAREY MOVED THE ASSEMBLY APPROVE A RESOLUTION OF SUPPORT FOR THE AMOCO PRODUCTION CO. PERMIT. Mr. Carey stated he made the .motion to support approval of the application because it appeared Amoco had gone out of its way to do everything it could to assure cleanup was done properly. He felt nonobjection is relatively neutral and he would like to encourage the oil companies to take such steps to reduce the impact of their activities. Pros. Sewall expressed the belief the Assembly's knowledge of the process was limited and while he could vote nonobjection to the permit he felt support was going too far. Mrs. McGahan concurred. She reported having called the Fish and Game office in Anchorage and they had no objection but admitted they also have little knowledge of what effect residue substances in the water might have on the migra- ting fish. She felt the purpose of the hearing was to gather information from the public and while nothing heard would cause her to protest the permit, she did not think the Assembly was required to act on the matter, either. ASSEMBLYMEMBER CAREY CHANGED HIS MOTION TO ONE OF NONOBJECTION TO ISSUANCE OF THE PERMIT. He stated at a subsequent meeting he would like to cosponsor a resolution supporting Amoco's activity. Mr. Brown thanked Amoco personnel for the hearing held in Nikiski also this date, which resulted in no protests from the public. Mr. -Mullen stated his concern that ADFSG-had not reviewed the project although from everything heard it seemed to be a harmless process. He stated he was concerned because even if there was a small element of risk, contamination -accumulates.- -There are salmon migrating -past W-W A t 4 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2, 1988 - ` that point right through September. It was unfortunate it could not be outflowed after the September migration, but believed such infor- mation should be considered when possible. He stated he would like to have seen some type of alternative comments, with the time frame given fish groups have not had opportunity to be aware or comment. THE MOTION OF NONOBJECTION WAS APPROVED BY A VOTE OF 11 YES TO R (Walli and Mullen) NO. Pres. Sewall asked the Clerk to forward a copy of all testimony along with the letter of nonobjection. R. ASSEMBLY AND MAYOR'S COMMENTS Mr. Carey referred to the Litigation Status Report provided and asked i the Mayor what the funds received were from. Mayor Gilman reported the Borough challenged the state's reapportionment in court and it was ruled valid in Superior Court. The Supreme Court ruled it was Invalid as unconstitutional but the consequences were so minor they would not give any remedy. Atty. Boedsker added the Borough is --- -- - - - - - entitled to an award of attorney a Ease. The amount reimbursed to • approximately one third of the Borough's costs in the suit. Mrs. Glick thanked the Mayor for the Litigation report and referring to the item concerning KPB v. State of Alaska regarding the differen- tial tax levy of 1985. There was a letter referenced which Atty. 1 Boedaker reported was the State's acknowledgement the amount computed by the Borough was acceptable in settlement. She asked for informa- tion on the Borough's bid for the AML Annual conference in 1989. - Mayor Gilman reported he had been working with the city managers of Kenai and Soldotna on a proposal to locate the conference in the central peninsula which will be presented this month. A financial - commitment is required but he was unsure of the amount) at one time it was $35,000. Mrs. Glick spoke to the economic benefit to local businesses of such a conference. Mayor Gilman stated one problem being addressed is transportation as attendees would have to be - _ housed in a number of hotels. The sports center would be used as well as the KCHS auditorium for the larger meetings. Additional information will be provided at the next meeting. Mrs. Glick spoke to the issue of pollution stating•the oil companies were not the only ' offenders and all needed to be treated equally. Mrs. Moock referred to the final proposal for sales tax revisions resulting from work of the Salee Tax Cmte. provided this date. She stated it would now be up to the Finance Cmte. to move forward on changes that needed to be made to the KPB Code, She congratulated Deputy Clerk DeLacee on the birth of her eon. Also, she reported on successes of the Soldotna Little League, the Major Girls team and the c Major Boys team due to the efforts of great staff and support. She III k requested an excused absence for the August 16 meeting as she will be out of town, Mr. Mullen commented on the loss of two people to drowning in Cook Inlet yesterday and expressed sorrow and condolences to the families. t He also commended the number of fishermen who made an immediate search and rescue attempt. _ Mrs. Walli thanked the_personnel of Amoco for holding the hearing and the residents of East Poppy Lane who attended the Public Works Cmte. meeting and presented their request. She requested administration f consider issuing a moritorium on consideration of any additional permits until the Planning Cmsn., Waste Cmsn. and Assembly can set guidelines, She believed the committee should have a policy within 6 - 8 months so the industry could proceed with operations by Spring, Mrs. Phillips announced the Board of Regents of the University of Aleeka - will be meeting - in- Soldotna -on August 16 and 17 at the - - ;_ college. On behalf of the board she invited the public to attend any of the sessions that are open. She requested an excused absence for - -- - -- --'-- -- - -- — - �,. � - August 16th. i -9- i r lvft I is � I ii ' ' r } r:. , h}: KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 2. 1988 Mrs. McGahan thanked Mr. Hodgine for the School Construction Task Force report believing they had covered a lot of ground and it contained good information for future school construction. She reported speaking with the representative from Amoco and sharing concerns for the migrating salmon Ms. Winkler stated she would speak with the Fish and Game biologist in Soldotna regarding the run and what effect the disposal might have. She stated she would provide the Clerk with information from that meeting to pass along to the Assembly. Mr. Hodgins asked the Mayor to have Mr. Fenner provide all possible options regarding Res. 88-63 in the next packet. He reported the Public Works Director had advised him regarding the Nikiski Escape Route, Phase II that it would be advertised August 22 and will go forward from there. Mr. McLane requested an update on the Sterling Waste Site closure. Mr. Brown stated he would not be able to attend the Monday night workeession with the Planning Cmen. although it was an important meeting. He agreed with others that the Dept. of Fish 6 Game should be involved in the permit process for disposal of oil wastes. ADEC cannot look after the interests of marine life as well as other. Free. Sewall referred to the packet for the Workseasion and CIS presentation at 4 p.m. and urged members to attend if at all possible. He also stated the Nikiski High School is available for the meeting of August 16 if the Assembly so desires to meet there. ASSEMBLYMEMBER McGAHAN MOVED THE ASSEMBLY MEET FOR THE REGULAR MEETING OF AUGUST 16 AT THE NIKISKI HIGH SCHOOL. MOTION WAS APPROVED BY UNANIMOUS CONSENT. Pros. Sewall asked the Clerk to extend the best wishes of the Assembly to the Deputy Clerk and the baby. Mayor Gilman gave notification of the Thursday, August 4 meeting with Dept. of Natural Resources on land selection from Chugach Forest. These hearings have also been held in Hope, Moose Pass and Seward. He stated it was important for overall Borough policy as this is where Borough land selections will be coming from in the future and the Assembly should attend if possible. He stated the Coastal Zone Management draft will be completed soon and coming to the Assembly for approval and sending to the State council with ordinances to implement it. Land use ordinances will be discussed at the Worksession. He reported regarding the Sterling Waste Site closure that all the water has been pumped outs one pit contained email particulates requiring charcoal filter system pumping into a clean pit and testing. The contractor is on site and will be putting in cement soon. Mayor Gilman also reported he and others had met with the U.S. Navy on possible siting of a home port at Seward, Nikiski or Kenai airport and he presented a brochure which promoted the entire Borough. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Prea. Sewall stated the next regular meeting will be on August 16, 1988 at Nikiski High School. This meeting adjourned at 11,34 p.m. Date approved ATTEST: /..pao..aanu �. umnaa, nnntswuLy r7 - 10 - AUG 1p88 ` City qre ti "►1y pp KEA1A1 �+�, 0 j r 9(enat eom►nuntty Xdnav A PUBLIC LIBRARY IN SERVICE SINCE 1949 183 MAIN STREET LOOP KENAI, ALASKA 99011 z N Fo -- 3 REPORT FOR THE MONTH OF JULY,1988 Circulation Adult Juvenile Easy Books Total Fiction 1203 532 1072 Non-fiction 2331 164 324 Total Book Circulation. 4646 Films, Phonodises, Pamphlets, Periodicals 293 Total Circulation 4939 Additions Adult Juvenile Easy Books Gifts 10 — 14 Purchases 58 30 64 Total Additions Remedial and Reworked Books Adult Juvenile Easy Books AV 40 2 3 3 Interlibrary Loans Ordered Received Returned Books 48 37 39 AV 21 21 36 Interlibrary Loans by our Library Books AV Equipment 12 21 25 Volunteers Number .. 34 Total Hours .. 814 Income Fines and Sale Books 563.45- Lost or damaged books 176.30 Xerox 331.00 Donations 30.00 Total Income for July, 1988 .. $1,100.75 24 152 176 48 ""I 9(atiat eommuntEy .il%rcazy A PUBLIC LIBRARY IN SERVICE SINCE 1919 163 MAIN STREET LOOP KENAI. ALASKA 99611 Library Cards Issued July, 1986 Kenai 229 Anchor Point 3 Clam Gulch 3 Homer 1 Kasilof 25 Nikiski 2T 3oldotna 68 Sterling 12 368 .. 7,380 Persons r- L �i 4 .. ' l i-• I =N Fa - Y ANNUAL REPORT FY88 TOi City of Kenai 210 Fidelgo Kenai. AK 99611 ��9$b£Z%A' William Brighton, City Nanager FRONT Alice Oates, DCAP Administrator REs Review of the State Day Care Assistance Program in Kenai July 1987 through June 1988 DATEt August 22, 1988 The following report Summarizes the services of the Day Care Assistance Program in Kenai during the.State fiscal year which ended June 30, 1988. The City of Kenai contracts with the Department of Community and Regional Affairs for the Day Care Assistance Program. This program helps low and moderate income parents twAo are working, in training programs, or seeking employment) with the cost of child care. During the past year we served 77 children, 4 of them infants up to one year old, 6 of them toddlers one year to 30 months old, and 67 children 2 1/2 through 11 years. We assisted 41 families. The program was available to 31 single -parent families and 10 tvo-parent families. The Day Care Assistance Program helps parents who are employed or in training programs. This year the program enabled 37 parent to work, 11 parents to attend school or vocational training programs, and 1 parent to do a combination of work and training. Parents participating in the Day Care Assistance Program must meet certain income qualifications. The amount of State assistance is keyed to the income level. For example, for a family whose adjusted net income is $1150 per month or lower, the State pays 100% of the cost up to the maximum rate allowed. For example, in June, 1988, the 29 families enrolled in the program recieved assistance at the following subsidy levels: 20 at 100X; 2 at 90%1 2 at 80%s 1 at 60%) 1 at 50%; 2 at 40%; and 1 at 30%. The State maximum payment is 0313 per month for full time care for a child over 30 months, 0392 for toddlers 12 to 30 months, and 0418 per month for an infant in full time care. Parents pay the difference if the provider they choose charges more then the state maximum rate. L oil r— ANNUAL. REPORT FY88 Page 2 Child care payments do not go directly to parents. Rather, the centers and homes bill Women's Resource end Crisis Center which in turn bills the State. The State mends Women'a Resource and Crisis Center a check, which in turn pays the child care homes and centers. In the Kenai, Soldotna and surrounding Unincorporated areas11 family day care homes and 6 child care centers care for children whose parents participate in the Day Care Assistance Program. These homes and centers are licensed by the Department of Health and Social Services and the Department of Revenue. In the past year, the contract allocated $100,065.86 for child care subsidies and an additional $10,006.59 (which is a flat 1O% of the bilings or at least 01,000) for defraying admioistrative'costs. I serve as the Local Administrator for the Day Care Assistance Program in the Kenai, Soldotna and Unincorporated areas. I'm responsible for advertising the availability of the program, Interviewing parents to see if they're eligible, writing three-part contracts between parent, the licensed provider of their choice and the Women's Resource and Crisis Center. Each month I submit the child care provider billings to the State and prepare statistical reports. I work about 20 hours a week performing these duties. If I can provide you with additional information on the Day Care Assistance Program, Please contact me at 283-9479. 1 ce Gates DCAP Administrator cat Department of Community and Regional Affairs Women's Resource and Crisis Center �1 J ift .TIVFO Soo BOROUGH REGULAR MEETING K SM SEPTEMBER 6. 1986s 100 P.M. ar BOROUGH ADMINISTRATION BUILDING SOLOOTNA. ALASKA D A - Assembly A.'L CALL, TO ORDER t Brown Cagey bee-PLEM Of Atl cc Crawford Click .1%; IVAMMIONS Rev. Richard Lewis. Broad of Life Chapel Nodgine Keene L D. ROLL CALL "cash" * 7"1 McLane Dom'}. VAQWU DgStoftTtop OR SEATING Of ASSEMBLYM1111tS Hoock 141n, Mullen Y V -L (ft AfMv& or NtHMs August 16@ 1988 Hash O'Connell P, COMMEE REPORTS Phillips $*wait i +r_,:- (at (finance (Crawford, Carey, Glick, Koons. Skomated Watki L4*Conftell. Moocu. Nash) (b)ffUcai Affairs/Legislative tSkogsted. Click, Hutton. O'Connell. Phillipo) " -IL C ReGaban. (0wi-Public Worke/Educatton (McLane. Brown, Modgias ftGahan. Skoastad. Wall&) 129291 MOTURS, TO RECONStOER I,A& -AGENDA0' AGENDA APPROVAL AND CONSENT AGENDA4A Og~CZ HEARINGS (None) ttnIODUCTION Of ORDINANCES 4. q Ord, 86-36 "A=46ing XPS 2.60.010 If the CO d dilSty«12 oral rimission Chapter c o f the Borough Technical Compliance with Alaska Statu a t (mayor) 29 Provisions" 68-37 "APPIOPtAstIng $60,000 for the WIFE Mose of surgical Lisoc Equipment at the (Mayor, Req. •i C �Csntcal Kenai peninsula Hospital" o-c?GHSA Board) ot- Ord. 88-38 "Authorizing the ReCobt Of Safety ,from the Alaska Department of Public Safety and Mikiski Fire Disport- Appropriatin $4,500 to the v Wnt" (Mayort CONStog"TION Of RESOLUTIONS 9876 "Authorising Award of a contract to (a) - in the Amount of ----To`r--tT@—Cons t ruct ton Of the to on 11cm. I and 2 1986 Jobs Bill RMORL YLCO Project" (mayor) pZyVtHG LEGISLATION (This-itemlist@ legistatton which will be addressed at A later tme as acted) Ord. 86-2742ovised) 'Amending KP8 Title 21 to Add a Now Chapter 200 Pertaining to the Burial. Dumping. Transporting. Storage tnetneration. Other Disposal of Potentialiy Harmful. Toxic or Or Hazardous Waste Materials. and Amending KP5 in og.o.inin to the Waste Disposal Commis- oW1 (Hash) RE ERRED To P.C./ASSN. TASK FORCE --I 772 I— ,. �Ak, l (b) Ord. 88-30 "AcespLing and Appropriating a Grant from the State of Alaska for the Kenai Peninsula _-..... - Borough Coastal Management Program" (Mayor) 4 POSTPONED TO 9120 (c) Ord. 88-31 "Accepting and Appropriating Grants from the State of Alaska forImplosiontation of tion gt'y the Seward a(Mayor►MitiBPOSTPONEO Area TO9/20r (d) Ord. 88-33 "A�propriating Funds for the Waste Dig Cossn _ osal anion Cagebblished by •.rdinance 88-17 (Revised)" (Nash) SET HEARIItr. FOR 9/20/88 (e) Ord. 88-35 "Amending the Borough Cnde of Ord!- +, ,,,•,:'. nances by Adding Now Chapter. Forest and "a Timber Resources (Local Affairs Cmts.) HEARING 9/20 `7 p (f/ Res. 88-66 "0 pposies the Establishment of a Special WastepStts Ln the Niklskt Area (Brown Garay. Click. Hodgins..HcGahsn) TABLED 7119181 fl (g) Me. eb-IS "Authorisins.a Borough Forest Man- lotanent Agreement between the State of Alaska. D�vision of Forestry and the Kenai Peninsula — -- — — Borough toAssistance in the Disposal of Sale _ oC Forest Products from Borough Lards" (Mayor) POSTPONED TO 9/20 • (h) Res. 86-76 "Transferring $24,665.17 from the Assembly Budget to the Planning Department Budget to Provide Funds for Ubtaintng Techni- '`' cal Service and Assistance for Evaluation of Alaska Department of Environmental Conservation Permit Applications or Other Applications Which Come to the Borouggh for Comment or Action" (MulLon) POSTPONED TO 10111 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA '• 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 1 �j P. MAYOR'S REPORT OTHER BUSINESS n4 R- ASSEMBLY AND MAYOR'S COMMENTS r. v S. INFORMATIONAL MATERIALS AND REPORTS } T. NOTICE OF NEXT MEETING AND ADJOURNMENT (September 20. 1986) i 1' _� t rr- KENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES. SEPTEMBER 6, 1988 I STANDING COHKtTTEBSo TEMPORARY OR OTHER, IP NANCR 3100 P.M. Alaska Coastal Policy Cncl. D—ownrc—sirs Cont. Ra. A • John Crawford, Asset. Rep. John Crawford, Chairman' Cook Inlet Aquaeulture Also Pat O'Connell i Brencley Keene, Assn. Rep. Shoran Haack Phil Nash David Carey Data procession Steering Cm Mark Hodgins, Assm. Rep. Betty Glick grentlay Keene ::,: Kenai Caucus Betty Glick, Anna. Rep. fACAL AFFAIRS LLOt/ WO P.M. ownrea rs on Kenai Peninsula College id. David Carey. Assn. Rep. Us Skogstad Chairman , Pat O'Conneli Economic Devslopant Dist. Oaii Phillips Mark Hodsinn. Sam McLane, Prank Mullen Assembly Rep@. Betty Glick Karen McGaban PUBLIC :KS/EDUCATION 4130 P.M. onz. Room 6ewnsta rs a San McLane. Chairman Jim Skogrtad Karen McCahen Jack Brown Marts walli Mark Nodgins The public is invited to attend and address committee meetings. Petitions received by the Clerk's Office will not be duplicated in the packett but will be Office hours available in the Clerk's Clerk's desk during regular office or at the during Assembly Meetings, for review. i t> -- i ALASKA . AVIATION HERITAGE MUSEUM Anchorage, Alaska i 29 August 1988 Honorable John J. Williams ° Mayor, City of Kenai 210 Fidalgo -- - - - Y Kenai, Alaska Dear John: i :f As you know, the Alaska Aviation Heritage Museum held its dedication ceremony on 25 June 1988. T The dedication was a huge success, over 200 people attended including 30 j F of the old time Alaskan Bush Pilots who flew here in the 30's and 401s, most of whom now reside in the lower 48. ! As in all activities, many things take place behind the scenes. One of our major problems was a suitable "feed" for these old timers in view of the distance they were ` willing to travel to make the dedication a success. After some ponderance I thought of fish and went about contacting four companies on the Kenai Peninsula. Not a one turned me down and I feel that this generous support for an Anchorage event should be brought to your attention. They were all just great. This was evidenced in the comments the old timers were making about how wonderful it was to have Alaskan fish again. The Museum and its staff are ever greatful to the following individuals and companies: BOB SCOTT - SALMATOFF SEAFOODS, INC. PAUL DALE -COOK INLET PROCESSING GARY ERVIN - SEAFOOD FROM ALASKA, INC. _y. WILLET BUSHNELL - DRAGNET FISHERIES CO, INC. John, I have personally written to each of the above thanking them for their I help, but felt that you should be apprized of their cooperation. y Respectfully yours, l Jim Ruotsala j Archival Director y r j t South Shore of Lake Hood 4721 Aircraft Drive • Anchorage, Alaska 99502 907.248.5325 } . .! �r' r- r` li i Y; s� l: XNFO - 7 Introduced by: Mayor Date: July 19, 1908 Hearings Aug. 16, 1988 Votes Action: KENAI PENINSULA BOROUGH ORDINANCE 88-28 ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA OF $90,800 FOR NIKISKI SCHOOL PEDESTRIAN WALKWAYS. WHEREAS, the State of Alaska, by HB 543, has appropriated $90,800 for a grant to the Kenai Peninsula Borough for Nikiski School pedestrian walksl NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the Mayor is authorized to accept this grant, and that the grant amount of $90,800 be appropriated to account: 400.710801.49999.8800 for Nikiski School Pedestrian Walkways. Section 2. That the appropriation made in Section 1 of this ord n ance is subject to Section 4CS of House Bill 543, states that the unexpended and unobligated balance of the appropriation made in this act lapses into the State of Alaska General Fund on October 20, 1989. Section 3. That this ordinance takes effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF , 1988. ATTESTS Borough Clerk Jonathan W. Sewall, Assembly President 13 _ All public hearings shall be run by the chairman of the Waste Disposal Commission. Public hearings of this nature shall be transscribed and made a part of the (MINUTES OF THE NEXT REGULARLY SCHEDULED MEETING OF THE WASTE DISPOSAL COMMISSION.] record sRBPorting their findin s of fact and recommendations concern n tat issue. i= 1'S INTO CONSIDERATION PRIOR TO MAKING ANY RECOMMMATIONS . j Section S. That this ordinance takes effect immediately upon TES enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF , 1988. ATTEST: Borough clerk Jonathan W. Sewall,Assembly res ent Kenai Peninsula Borough Pagen20 48Pages L J TO DO 8-24-88 Work Session 1 - J. Ruotsala - start work on Sister City with Khabarovsk Territory, Russia 2 - J. Ruotsala - arrange Russian dinner and breakfast September 7 3 - C. Brown - report to Council on status of budget and how it is affected by recent unplanned expenditures 4 - J. Ruotsala - get list from Sue Carter of convention leads, also Alaska Journal of Commerce list tw t r� e p ALAS . DEPARTMENT OF REVENUE P.O. B X SA euito�nre P.O 90X SA JUNEAU. A August 19, 1988 Dear Permittee. Operator or Pull -tab Distributor: The Department of Revenue has scheduled seminars in the following loCA zt�0 familiarize you with the new Gaming Reform Act and to answer your questions regarding the new gaming laws effective September 2. 1988. We strongly urge you to attend one of the seminars so you can become fully aware of the requirements provided under the new laws. Due to the larger number of permittees and licensees in Fairbanks and Juneau, we have scheduled separate morning and afternoon seminars. Please feel free to choose from any of the seminars in these locations. In Anchorage, we scheduled morning seminars for permittees and afternoon seminars for operators and pull -tab distributors. ANCHORAGE Enserch (Hunt) Building 550 West 7th Room 320(6) BARROW City of Barrow Council Chambers BETHEL Legislative Information Office 309 Willow September 12 9:00 - 11:00 (Permittees) 1:30 - 4:00 (Operators/Distributors) September 13 9:00 - 11:00 (Permittees) 1:30 - 4:00 (Operators/Distributors) September 14 9:00 - 11:00 (Permittees) 1:30 - 4:00 (Operators/Distributors) September 27 2:00 - 4:00 September 23 1:30 - 3:30 _ FAIRBANKS September 19 9:30 - 12:00 _...-. -, Legislative Information Office 1:30 - 4:00 119 Cushman September 20 8:30 - 11:00 12:00 - 2:30 `, JUNEAU September 6 9:00 - 11:30 State Office Building. Room 707. September 7 1:30 - 4:00 :4L Wiiloughby Avenue t Y, —"- - ---,- HOMER September 15 2:00 - 4:00 Council Chambers 491 East Pioneer STEVE COWPER GOVERNOR tiiY�;i'• STATE or ALANKA OFFICE OF THE GOVERNOR JUNHAQ August 9, 1988 .VNr-o* -/0 Mr. John J. Williams P.O. Box 1315 Kenai, AK 99611 Dear John, I am pleased to appoint you to the State Job Training Co- ordinating Council for a term ending April 1, 1991. Please know that as you accept this official position with my ad- ministration you will contribute to the citizens of Alaska in an important way. Enclosed is an identification card to facilitate your travel as a board member. Please use these card privileges only during official state business. If you should resign your appointment before your term expires, please return the card to my Boards and Commissions office. As required by Alaska statute, the enclosed oath of office form must be completed, signed, notarized, and returned. Please send it to Sheila K. Gottehrer, Director, Boards and Commissions, P.O. Box A, Juneau 99811. In advance, thanks for your time, effort, and good work. We Alaskans appreciate your forthcoming and important contribu- tion. I hope things are going well. Bes &rards, Ste Governor Enclosures i . .s r� f . 1 ' 1 i II l O sditton Alaska- Hielica ters sporj$or SPOed by: :`` p R D 4 , C August 1988 .ZNFd -1I � Resource Development Council L a"""'•W' O" Box 100516, Anchorage, AK 99610 soot CORRECTION REOUEaTM I Mayor John J. Williams Of Kenai city I 210 FidAK 9960 Kenai• Part I Striking implications for Alaska - :.:. _: • by Car! Portman Alaska is indisputably a stunning and i G diverse land of tremendous resource po• n . tential. With vast natural resources of oil timber, strategic minerals and fish, 1 America's 49th `star" has the means to di- versify Its economy and generate new wealth for Its citizens and the nation. 77. With proper and practical land use ('t�.,�: 4 ., ! ,�, , 9 '.• ,y X +' �+ . a; ;, policies which stress multiple uses of the public lands, Alaska's economy has grown to new heights and so has the standard of .; ;� - , . i`( { , ,. • r living for most Alaskans. In one way or R •� •' • 1. 4 A-' }tom f ` " • �, In nowewealth generated from resource do. .s �a • ' : ' '` a velopment. Proper land managment procedures, _. •; : ;,,;:AN^.which provide for nature while recognizing the needs of the economy, have encour-- l1 ° --- _ a f •�•w ..r avtw �y' t qt _ �. r • aged the development of Internationally • --- -- :' significant arctic and sub -arctic resources s r trt��s r. s Development has taken place without de• c _w •' slruction to public lands and natural re- sources. I An expansion olfig lit ral lMfdemess would only continue a serious trend toward restricting Yet Alaska, which has barely scratched recreatlonal opportunides and access. In Glacier Bay, a proposal to designate certain the surface of Its vast resource potential, waterways toderal Wilderness would lead to a ban on boats in those areae, Amldng visitor may see many future economic oppor- a Mdences. (ATM3 photo by Bob Glersdoro Continued to page 4 I L Message from �. the Executive Director BY Becky L. Gay Multiple use, wise use Having Just been re -energized by attending the 1986 Multiple Use conference in Reno. I can assure you the "war" over multiple use is better defined than ever. Strategies and tactics were argued, compared and developed. Haw to light back, or bettoryet getontheoffensive, was paramount. We must be increasingly better at dealing with the steamroller effect of relentless animosity expressed in multifarious ways to- wards productive citizenry. One thing the 300 individuals at the conference could agree on was that we had common foes In the non -development litigators, the "entropy -is -better" philosophers, the monkey -wrench gangs and Earth Firstl terrorists. Furthermore, those foes are relentless since they do not bear the costs of delays, frivolous lawsuits, IRiga- Von (after supposed compromise), marginal environmental protec. lion, enforcement and recreation habitat which requires the fore- closure of multiple use on millions of acres. We all want a healthy environment. Our foes cannot accept that pro -development people like clean air, water, wildness and recre- ation opportunities. Their refusal to believe us puts the burden of proof upon productive society to make that case, which is costly, time-consuming and often thankless work. To battle the elite minority of well-educated and well -funded individuals who form the core of able strategists designing, revamp• ing and raising funds for this "atop -development -at -any -cost" move- ment Is EXPENSIVE. We have to admire our foes' fundraising prowess since they often manage to get the very people they are ruining to give them monkyy Sadly, many well-meaning individuals and anxious corporations are swept away with the preservationist Ode and help strengthen it by funding it. De -funding our foes must become another time-consuming imperative unless our friends will fund us equally, which has not been the case. To our foes nationwide, Alaska resource developers are at the bottom of the heap, easy targets to kick when down or when we are not watching. Vampire -like, the wilderness movement is after the lifeblood of our state — our land. Fifty-five million acres of designated Wilderness In Alaska has only whet their appetite. It Is evident they $till want Alaska to quench the thirst of a national run amok with good will toward preservation. Alaska, land of 70% of America's parks, home of 62% of America's designated Wilderness, bearer of the burden of 90% of America's wildlife refuges, is still being carved up, aided by federal actions. For example, this summer RDC will have reviewed and r Getting the most from RDC Anne M. Bradley hh` Attention RDC Board membersl At RDC we ask a lot of our board members. We send you to Bethel, Barrow, Nome, Ketchiken and all over the state and ask you to meet from sunrise to sunset with people from local govem- ments, television and radio stations and of course. potential mem- bers. We ask you to field tough questions even if they're outside your area of expertise. If you're on the Executive Committee, you're asked tomeetevery Wednesday at RDC headquarters to set policy and give direction to our ambitious workplan. And, of course, you are always strongly encouraged to attend ROC's Thursday break- fast forums, held every week of the year. We ask a lot because we recognize that ROC's most Important rmurce to Its board. The ROC Board Is a strong working group, a synthesis of diverse backgrounds and interests working toward a common goal — resource development. Much of this strength derives from the comradery and shared perspective developed on an Informal basis at quarterly board meetings and other RDC events. About a year ago RDC decided to emphasize the statewide composition of the board by holding Its quarterly meetings in loca- tions that allow us to visit our loyal members. Most recently, ROC's Board held its annual elections in Valdez, one of ROC's strong community members. To convey our sincere appreciation f UsIbelli Coal Mine, Inc„ and the Ualbelli family for their tone standing support, we are holding our next board meeting In Healy. If you have not attended a ROC Board meeting recently, this is your opportunity to contribute your perspective to the working group. The invitation includes a VIP tour of Uslbelll Coal Mine, and Golden Valley Electric Asaoclallon. Space is limited. Please call me at 276.0700 for reservations. commented on 13 separate National Park Service DEIS Wilderness Recommendations. The list goes on and you thought there was "no more" after ANILCA? Sound overwhelming? Itcan be. However, we have had enough. Pro -development individuals and groups are on the move. It Is an uphill baffle with weary soldiers, but RDC is there for you. How can you help? Many ways, but certainly, if you can't fund us, at least don't fund them. Maybe that will slow their army down and maybe, Just maybe, a small victory will be in the making. Rrteortrce OavNopmarM bla+ew Comrntnaa oft m Roams RwN is ft otkw ninthly pumlesilm of CourtcN, hto. iBaleem .................... .. ft sru6ly VIM NOS ..... �, m� ONeeource CouneN, Box ttloate, An - VIM t2tOrage Alaska t1tS10 - (A0�) 278-0700. TINRaouroeowalopmemcoundl(RDC)1aAlaaake'e-vfoepnggent ........................,lonnioroeekte �- -- ' .. ---- - ------ tupeet N funded nonprofit eoonomk deveop-TMNW .:.. srepbn Elul . TM RDC Wslnea office Is looted at off 81net, nNM Ration wOddnp to develop Aleakab ralural papreaaem Uffy U MN Suite 200, Andtonge. rerouroaahanaGeAymennerendbaeetaeaoM- - ..........�.•...,.... - ------- --- fund . the enflw swim ly while O�ong and en- WNW tkrector ...................... swig L oay Materiel In tits publlcdM may be 1WOd without MembeAft r mmw Cad pmanm O ta P►ovided epproprtet• aadN le plven .. .. Anne M.enaby NMR 6na Aeeblero ............... . fembedy R. Doke cad Portman Editor 8 A6004 Manllpr w___ w • wwww, .ww.� w UV r.. ,.G%~ %#r IIUUU01 Icoo L L Together we can make it happen �ppeare that Congress may not act on ANWR this year. Cr�ances are the federal government's commitments regarding the Tongan will not be honored by the current Congress. Meanwhile, millions of acres of prime Alaskan lands are closed to all but the most hardy traveler. How have we gotten ouraeNas Into these situations? Since se theacts were all made by Congress, it must be that these actions are best for the people of the United States. Right? Wrongt These actions were taken because the Congress was urged to "presents" these areas from the public by powerful national and International lobbies set up by various "environmental" groups. Each of thews groups with their national membership would be a formidable force when ttcomes tolobbying Congress, but together, they make a force almost without peer in the body politic. When itcomes to Alaskan Issues, another factor Is in their favor. Since so few people have been to the locations which need 'pro- tecting" and since so little Is known about Alaska by those Outside, these protectors of wildlife and wilderness don't need to be bothered with accuracy. Their bulging coffers support so many mass mailings of Inaccurate Information that before tong their prop- aganda becomes fact to a great many people. Armed with these "facts" they write their congressional delegation to stop the onslaught of those money -hungry developers in America's wilder- ness. Our congressional delegation has told us on numerous occa- sions that a campaign Is needed to educate constituencies of key members of Congress with factual Information. However, who is to organize such a campaign? Who is to pay for such a campaign? Enormous costs are involved in research, strategy, media, printing, and mailing. We easy to say it needs to be done. it's much tougher '. lure out who is to do it and how It is to be financed. isve heard members of our organization question why some large corporations give so much more to the "environmental move- men" than to promdevelopment organizations. So few large multi- national corporations contribute to organizations like RDC. The pro -development advocates are supported primarily by local citi- zees and businesses. Thoughts from the President. d,,8flNby Stastrty We lack a visible pro -development organization of national sta- ture to which large corporations or foundations could make con- tributions. If such an organization existed, a national campaign could be launched to educate Americans of the benefits of multiple use on public lands. There are numerous local resource development councils, economic development councils, multiple use councils and similar organizations around the country fighting the same battles that we are fighting In Alaska. I am convinced that all have similar problems. While It is difficult for scattered development organizationsto attract major contributions outside of their geographical area, a united front by all of these organizations banding together would certainly give us the political clout to attract major contributions to fund the type of national education program needed, not just for Alaskan issues, but for land use and land planning Issues across the coun- try.1 am convinced that a strong national umbrella organization representing the diverse Interests of the pro -development commu- My must be formed if we are to have an impact on resource development issues. I urge leaders of all like-minded organizations to consider the benefits of a national association with a national staff and various communication devices to develop national strategies for educating the public and the Congress regarding the benefits of using our lands to their highest potential consistent with appropriate environmental protection. 1 would invite all develop- ment leaders to write us at RDC and make their thoughts known. Together, we can make It happen. Standard looks to Niakuk development RDC urges Corps to issue permit Standard Alaska Production Company has submitted detailed plane to the U.S. Army Corps of Engineers as part of an application In light of technological and economic factors, RDC also believes Standard's causeway proposal is the most viable altemative. With - process for apermit todevelop the Niakukoilfield,one mile offshore Prudhoe Bay. out the causeway, the project does not appear economic. ADC president Shelby Stastny urged the Corps to grant Stan - Despite the care and experience that has been used to design the Niakuk facilities, some environmentalists consider the project dard the permit, noting the causeway proposal is not only envirom mentally sound, but the most practical route in the development unacceptable because of a proposed causeway connecting the production island to shore. The causeway would Include a large of Niakuk. Stastny said "Niakuk's reserves may be modest in com- parison to other North Slope fields, but a great share of Alaska's breach over a natural channel to allow passage of fish. Causeway opponents prefer that Standard drill the Ntakukreser- future oil production will come from small, marginal fields." Niakuk's size of 58 million barrels of recoverable oil and Its voir in a horizontal manner from land. However, technological and economic factors make the Corps' alternative Infeasible. offshore location has made It an uneconomical proposition prior to the development of the Usbume oilfield. which has pipelines The causeway is an essential link in the successful -development of the field, which remains highly sensitive to cost factor a. and facilities in the general area: With those faclBthwin place. plus the experience gained from the successful offshore Endicott oilfield i _Standard maintains the.project has_been planned In the safest and most efficient manner. The company says great care went six miles to the east, the Standard proposal for the development of Niakuk makes sense, Stastny said. i i Idesign that reflects delicate environmental concerns. `. �Aer a thorough analysis of the economic, social, technological The modest Niakuk field will bring many positive financial and job benefits to Alaska. It Is estimated Niakuk will generate up to and environmental aspects of the project, the North Slope Borough has determined the Standard development proposal environmen- $130 million In capital expenditures, and In excess of $290 million In royalties and taxes to the State over a 1 5-year INe. the field will i tally sound and practical. The borough, which considers the project In the best interests of Its residents, has Issued Its own development also contribute to domestic energy supplies through the recovery of oil and gas. permit for the project. August 19881 RESOURCE REVIEW J Page 3 M , 41 % of Alaska is federal park, refuge and forest Alasks Land Ownership (w�MisMwM) FIdK W* dANdD Nkdw& TOAD .raft - to 11 IN 'Fallow no /.1 ANUOM W4$ 110 E01� Sybirgl in pell� 11 94% 11Miow& 3" 11.7% tdYAlr>bNnOI :.'. !1s t00% STATE Of AIABNA ;SIP r ............................ e �.n..... mu. a."• ti Consequences of Wilderness • "Wilderness designations represent a lost economic cost. It Is vital that the cumulative effects of such lost opportunity bestudied before each new wildemess designation is made."' r{ James Burling Pacific Legal Foundation }j • "Wilderness does not promote recreation, and those who promote wilderness should not do so by pretending any benefit to the recreational economy." Senator Steve Symms Idaho • "Sadly, the spirit of compromise has put way too much of this vast subcontinent off limits, out of reach... We must roll back these massive land set asides and restore wider oppor- tunity to this great land." Joe Henri {: President, RDC Foundation, Inc. • "We -are fed up with _ being cast -as the bad guys because we produce products from earth resources or recreate on public land." - �1,. Roberta Anderson Western Timber Association Page 4 / RESOURCE REVIEW / August 1988 Alaska Lend Facts • 164 million acres, or about 41% of Alaska Is looked up In federal conservadon units. • So million acres have been designated WIIdsR►ese, "W& stinting 15% of Alaaks. This area wouk0 oonwme sit of Idaho, - MinnewK t11ah or Kansas. • Alaska has 82%01 the 0009- hated Wilderness in the U.B. • Some lox cf all n4ttlorta1 parks and 90% of all national wildlife "gee we in Alaska. Continued from page 1 tunities vanish under relatively new govern- ment policies affecting land use in general and federal Wilderness in particular. These policies have led to the continuing with. drawal of giant amounts of land from pro• ductive multiple -use management, leaving striking implications for hunting, recreation, oil and gas, timber, utilities, agriculture, mining, local governments and tourism. Land withdrawals have clogged, im— paired and severed accessto a wide variety of resources. Without economical means of shipping the resources to market or the transporting of equipment, laborand mater- ials to the worksite, resource development cannot occur. In the late days of 1980, when Congress passed the Alaska National Interest Lands Conservation Act (ANILCA), a staggering 104 million acres of the public domain was withdrawn Into conservation units, a great portion of which Is entirely off limits to de- velopment of any kind. Some 50 million acres had previously been set aside. The grand total of 154 million acres, or about 41 percent of the giant state's land mass, "makes Alaska the largest repository of misdirected goodwill in the word." accord- ing to James Burling, an attorney with the Pacific Legal Foundation. "Square inch for square Inch, we have more land purposely taken out of produc- tive multiple use than anywhere," Burling told several hundred delegates at a Las Vegas National Wilderness Conference in June. One hundred million acres alone Is big• ger than the state of Montana. It is equiva- lent to the entire area of California. And on , the face of it, many of the withdrawals war_ made in ignorance of the developmen values of the land. The small area on which development or access can occur has such a complicated procedure for achieving gov Continued to page 6 0 J 't> "Grazing doesn't always go with timber, timber doesn't always go with mining, mining doesn't always go with rec- Ft:3ation, but you've got to put petty arguments aside and realize that we'll be history if we don't cooperate." —Charles Cushman, National Inholders Assoc. ernmental permission that in many cases has become a de facto denial of develop- ment. Today Alaska has 70 percent of the na- tion's national parks and 90 percent of its wildlife refuges. It has 66 million acres in federal Wilderness areas where permanent development of roads, shelters, cabins or lodges Is practically impossible. This area alone would consume the entire state of Utah, Idaho or Minnesota. This lock-uprep- resents 15 percent of the state in pure fed- eral Wilderness. Alaska has 62 percent of all the designated federal Wilderness in the United Suites The facts show Alaska has more than its fair share of protected wilderness. Yet, these Is no satisfying the voracious appe- tites of .environmental organizations that ceaselessly push to protect what is always "oneof ourlastpristinewildernessareas.' Burling stressed that wilderness desig- nations Often represent an economic op portunity cost. He said it Is vital that the C umulative effects of such lost opportunity oe studied before each new wilderness de- signation is made. The National Park Service is now evaluating the suitability of all non -desig- nated wilderness areas is Alaska's national parks for the purpose of making new wilder• ness recommendations to Congress. In its wilderness review process, the park ser. vice has Identified some 16 million acres suitable for wilderness classification. At the present time. NIPS is considering Mom - mending to Congress that 6 million acres be added to the National Wilderness Pre- servation System. (The Wilderness Society would like to triple that figure.) Because wilderness designations clearly foreclose any opportunity for economic and resource development and have serious consequences upon the people who reside in or near these with- drawals, the Resource DevelopmentCoun- oil is recommending no additional wilder- ness zones. The Council believes the new additions are unnecessary since they would not significantly increase environ- mental protection already provided for non - wilderness park lands. Instead, the Council warns such an onerous designation would ultimately Impair access, use of the area and adversely Impact inholders within con- ;ervation units. They could even lead to the destruction of existing hunting cabins and prevent lodge owners near wilderness areas from using chainsaws to cut firewood used to provide heat for guests. Ironically, the tourism Industry would be seriously affected by new wilderness desig- nations, which precludedestination tourism site development and practical access. Tourists, especially the International, demand practical access, comfortable accommodations and a variety of visitor op- portunities. Most are older tourists who are unwilling and unable to backpack and sleep in a damp tent. They are making the trip of a lifetime. They deserve better. Wilderness advocates have portrayed themselves as representing tourism, but in reality they represent only a small fraction of the recreation public. They believe dis- persed backcountry recreation, as op- posed to commercial operations catering to a much larger segment of the general public, should have priority. Thousands have come to Alaska to visit wild lands. and manyhave leftdisappointed and dejected about the very few accommo- dations available to them or their ability to experience the wilderness. The average tourist finds much of Alaska off limits and out of reach. On the other hand, what at- tractions which do exist in the very few ac- cessible areas are now reaching the sat- uration point. An expansion otwildemess areas within Alaska's national parks would only con- tinue a serious trend toward restricting re- creational opportunities and access. In Glacier Bay National Park and Preserve, a proposal to designate certain waterways federal Wilderness would lead to a ban on cruise ships and fishing vessels in those areas. The parks need facilities and manage- ment schemes which will allowgreaterpub- Iic use and enjoyment. Access to and from the parks and their facilities for a wide vari- ety of recreational opportunities Is needed 0tourism is to play agreater role in Alaska's economy. New wilderness designations would lock out a majority of the public and close the door on many new and diverse commercial visitor opportunities. Since the passage of the Wilderness Act, wilderness visitor use is declining na- tionally. A recent report prepared for Sen- ator Steve Symms of Idaho shows a marked drop In wilderness recreation. The report warns that 1.4 million acres of new wilderness in Idaho could cost the state's recreation industry f$730 million annually by the year 2000. Symms said 'wilderness doss not pro- mote recreation, and those who promote wilderness should not do so by pretending any benefit to the recreational economy." Even wildlife can suffer in wilderness areas from a lack of management. Fires and insect infestations can rage out of con- trol threatening nearby public and private lands. Several years ago the forest service tried to save a forest in a southwest wilder- ness area by cutting beetle -Infested trees, only to be stopped by a Sierra Club lawsuit. Continued to page 6 New wilderness designations could lock out a majority o/ the public and close the door on many new diverse commercial visitor opportunities. (Exploration Cruise Lines photo by Bob and Ira Spring.) August 1988 / RESOURCE REVIEW / Page 5 L I i` Wilderness implications ... Continued from page 5 In a speech before the Nome Chamber Editor's Note: This summer ROC has of Commerce in July, ROC Education submitted detailed comments to the Na- Foundation president Joe Henri said fed- tional Park Service on its wilderness review eral land management trends should be proposals for 13 federal conservation units reversed. He suggested that some lands In Alaska. We thank to those who helped, should be restored to multiple use, opening especially Mary Jane Sutliff, Paul selected areas to sensible exploration, de- Glavinovich, Chuck Herbert and Mike Ab- velopment, access and transportation cre- bolt. Assistance was also provided through soon. Jim Burling of the Pacific legal Foundation. "Sadly, the spirit of compromise has put way too much of this vast subcontinent off limits, out or reach ... "Henri said. "We must roll back these massive land set asides and Study Shows restore wider opportunity to this great land," Henri added. withdrawals Valdez water The tremendous acreage of might well "embrace a preponderance of the more valuable resources -needed by unaffected i by Alaska to develop flourishing Industries with which id to support itself and its people," oil terminal 1 Henri Henri and ROC are not alone In oppos- ing new wilderness withdrawals. At the Las A new study by the University of Vegas wilderness conference, associa. Alaska's Institute of Marine Science indi- I tions representing almost 10 million people cates the water quality of Port Valdez has agreed to a common direction on govern- been virtually unaffected by operations of ment policy affecting land use, especially the trans -Alaska pipeline's Valdez marine federal Wilderness designations. Atten- terminal. dees at the conference formed a steering The study contradicts allegations by oil committee to direct an emerging alliance Industry critics on the Impact of terminal comprised of a broad spectrum of land use operations on the waters of Valdez Arm. concerns. The group laid a solid foundation The study was designed by the Alaska De - of cooperation, opening the door to a un- partment of Environmental Conservation flied front in the advocacy and promotion and the U.S. Environmental Protection of wise land use. Agency. It was funded by Alyeska Pipeline The diverse group, representing all in. Service Company. dustry sectors, including sportsmen, ag. The new Institute study utilizes bottom reed to join forces to stop a juggernaut of sediment samples taken at Port Valdez in environmental extremism that some be- the fall of 1987. Investigators on the project lieve is slowly strangling America. were Dr. Howard M. Feder and Dr. David "Grazing doesn't always go with timber, 0. Shaw of the Institute's research staff. Umber doesn't always go with mining, min- The two scientists developed the study as ing doesn't always go with recreation, but a follow-up to earlier research at Valdez, you've got to put petty arguments aside this time incorporating new design require - and realize that we'll be all history if we mentsestablished bythe ADEC and EPA. don't cooperate," said Charles Cushman Ivan L. Henman, Alyeska's vice presi- of the National Inholders Association. dent for environment and engineering, Western Timber Association vice presi- noted the researchers found that "readings dent Roberta Anderson told conference for aromatic hydrocarbon concentrations in attendees that 'tire are fed up with being the Port Valdez bottom sediments were cast as the bad guys because we produce even lower then the low concentrations products from earth resources or recreate found earlier." on public land." Ore. Feder and Shaw indicated in the Since nearly all wilderness designations report that the latest study utilized a new In the past decade have been madewithout and more reliable method of sediment con• any consideration of the cumulative, social tent analysis developed by the National and economic impacts created by such Oceanic and Atmospheric Administration. withdrawals, there is a need to stop and Henman said though the study could not reflect upon the costs of federal Wilderness precisely determine the cause of the lower and a multitude of similar state designs- aromatics concentrations in the bottom dons before any further substantial addl- secilments,-addition of biological treatment tons are made to the wilderness system. to the Ballast Water Treatment System in The time -has come to consider the scope 1988_reduced aromatics concentrations In of the hidden social and economic costs of the system effluent by 85 percent. He said, wilderness designations. "the results show the water quality at Port Page 8 / RESOURCE REVIEW / August 1988 f L r &dig Nearly 28 percent of America 'a domestic oil production flows through the Alyeska MarineTerminal atValdez. Photo byBecky say Valdez Is as least as good as It has been n previous years and may even have Im- proved." The biological treatment, which sUmu- ates the growth of oil -consuming or- ganisms in the ballast water, supplements several processes which physically sepa- rate crude oil from water carried as ballast n tanker ships arriving at the Valdez Termi- nal, it was Introduced in September,1986, a year before the field sampling was con- ducted for the latest study. Hel RDG F P� - on ANWR Although legislation to open the Arctic National Wildlife Refuge (ANWR) to oil and gas development is bogged down in the House Sub- committee on Water and Power Re- sources, Congressman Don Young reports there Is still hope for a vote on the House floor this session. Legislation to allow oil exploration . In ANWR has made important ad- .. vanes In both the Senate and. House. it is Imperative that those support- Ing development on the Coastal Plain immediately write Speaker of the House James C. Wright urging him to advance pro -development legisla- tion this year. despite the obstacles that seem to stand In the way. Let's not allow the delay tactics of some congressmen to hinder sensi. ble and environmentally -sound oil and gas development. Send your letters to James C. Wright Jr., Speaker of the House of -Representatives, Room H-204. U.B. Capitol, Washington, D.C. 90516, Send copies to RDC, Senators Ste- vens and Murkowskl, Congressman Don Young and Gov. Cowper. L A �I r- Tongass bill faces uncertain future The U.S. Forest Service will get $36 mil- Agriculture responsible for the Forest Ser- lion for the preparation of timber sales In vice and Soil Conservation Service, said if the Tongass National Forest in fiscal 1989. the bill reaches President Reagan's desk, The agreed -upon compromise budget Is his department would recommend a veto. bigger than a House version, but it does Speaking In Anchorage earlier this fall short of what the Forest Service sought month, Dunlop asserted that better re - for timber funding. The compromise budget source and land management will result if was set earlier this month by a House -Se- the timber is part of an overall resource nate conference committee on Interior De- development scheme. "You have to have partment funding. economic growth to have prudent manage - Until this year the Forest Service had ment," he told concerned Alaskans. been guaranteed an annual appropriation Forests that are actively managed or log - of at least $40 million for timber prepara- ged hold more value in the economy and ton. But Congress has dropped the au- will be cared for, he said. tomatic funding for two years, making it The House bill would also force the re - possible to lower the timber appropriations negotiation of two 50-year contracts for In 1989. timber supply to Southeast Alaska's two Earlier this session the House voted major pulp mills. 361-47 to revamp the Tongass timber sys• tem. The bill, which would end the annual appropriations and the 450•million board foot timber harvest target, next goes to the Senate where Alaska's congressional dele- gation has predicted 4 will not pass in its current form. Alaska senators Ted Stevens and Frank Murkowski could work for a com- promise bill or attempt to filibuster to pre- lent the bill's consideration. They also have the recourse to ask the The Tongass timber harvest accounts for administration to veto the legislation. Over 9,000 direct and indirect year-round George Dunlop, Assistant Secretary of jobs. Miners file lawsuit to help protect Fortymile environment The Alaska Miners Association and Min- against the federal government only. Forc- ers Advocacy Council have filed a motion Ing the miners to camp on the river or in federal District Court in Anchorage that riverbed has created potentially dangerous Will protect the environment of the Fortymile conditions, and in the words of District River drainage from harm caused by the Court Judge James Von der Heydt, this fall out from a lawsuit brought by the Sierra "may in some cases have environmentally Club. detrimental effects," Nevertheless, be - In response to the Sierra Club lawsuit, cause of its continued opposition to dredge the federal District Court issued an Injunc- mining, the Sierra Club continues to op- tion in 1987 that prevented the Bureau of pose requests by miners to camp on high Land Management (BLM) from approving ground controlled by BLM. long-term camping permits for dredge min- In response, the Alaska Miners Associ- ers along the Fortymile River, approxi- ation and Miners Advocacy Council, re- mately 180 air miles east of Fairbanks. presented by Pacific Legal Foundation, Dredge miners are gold miners who filed a motion with the District Court re - have small one or two man operations that questing to stay the effects of its injunction, use suction hoses to pick up gold bearing allowing the miners to move their camps gravel from the riverbed. Because the For- to higher ground. Pacific Legal Foundation lymile dredge mines are so remote. miners President Ronald A. Zumbrun stated, "By often set up temporary camps on high allowing the miners to move their camps ground near their operations, to higher ground a potentially dangerous When the Sierra Club stopped BLM from situation will be eliminated and the miners aiving camping permits to the miners, many will have less of a visual impact on the minerswereforced to move their campsites environment of the Fortymile River. It is off BLM lands and Instead camp on the ironic that it is the Sierra Club's blind oppos• riverbed, orto establish floating camps right Ilion to gold mining that has created the on the Fortymile River itself. The riverbed possible environmental problems." and river are under state jurisdiction and The cost of wilderness in the Tongass National Forest Timber fund Is for users of wilderness One of the biggest myths ciroulat- Ing these days is that of a heavily subsidized timber industry In the Tongass National Forest. The Tongass Timber Supply Fund was created In 1080 with the pass- age of the Alaska National Interest Lands Conservation Act (ANILCA), which designated 5.4 million acres of the natlonal forest as federal VViI- demess. The annual timber approp- riation of $40 million was made to help offset the effect of closing prime timber stands in the new"reated wilderness. To maintain the timber supply to dependent communities, more inten- sive and expensive forest manage• ment was needed by the Forest Ser- vice to prepare smaller and more re- mote timber stands outeide wilder- ness areas. The annual funding, log- gers contend, Is the cost of wilder- ness. The level of funding wouldn't be necessary had the SA million acres remained in multiple use. As a result, Industry argues that much of the timber fund Is actually a subsidy to those who use wilderness areas, even tt just for viewing from a boat. It Is a social cost for a (disputable) social benefit of additional wilderness. Of the 16.7 million acres compris- ing the Tongass, only 1.7 million acres are open to timber production as one of several multiple uses. Ah though open to timber production, this small portion. of the national forest is strictly regulated with many areas preserved for the viewing ple- asure of boaters, kayakers; and ferry and cruise ship passengers. Over the next 100 years only ten percent of the Tongass Is scheduled to be harvested. In any given year, only a small fraction of that total will befogged.The Tongass timber harvest sup. ports 20 percent of the Southeast Alaska economy, accounting for 9,000 direct and indirect year-round jobs. not affected by the lawsuit which was August 1988 / RESOURCE REVIEW / Page 7 LIN No r- j- r INFO. � 4 Council 9/7/88 CITY OF KENAI „od Capdd of 4"" 810 RMUM RM, AUSM not TRErM0 1983-M5 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: 8/19/88 SUBJECT: Council meeting of 9/7/88 Harbor Commission meeting The City of Kenai is working on enlarging the Kenai Boating Facility Parking/Staging area. The Kenai Peninsula Borough has appropriated $85, 000 for moving sand from their landfill to enlarge the Kenai Boating Facility Parking/Staging area by 300' x 5001. Some day we may be looking at enlarging the area even more. This would require doing something with a small creek (recently named "Boat Launch Creek") that goes through this area. The State of Alaska, Department of Fish & Game had verbally told us that this creek contained many fish and there would be problems making any changes to the creek. I asked them for a written response concerning fish in this creek. Attached is the State of Alaska, Department of Fish & Game letter of August 17, 1968 which says that the little creek called "Boat Launch Creek" is "important for the migration, spawning or rearing of anadromous fish"... 0 �i ti • �L • i, STEVECOWPER, GOVERNOR i DEPART',OIEiVT OF WI,SU A 1r .` � DIIv 333 RASPBERRY ROAD ANCHORAGE, ALASKA 99518.1509 PHONE: 007)3440541 August 17, 1988 Mr. Keith Kornelis Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Korneliss Re: Boat Launch Creek (Stream No 244-30-10010-2005) The Alaska Department of Fish and Game (ADF&G) has reviewed your request of August 10 for a determination as to whethez a small creek just upstream of the Kenai boat launck,, - facility supports fish. The creek in question is unofficially known as Boat Launci Creek. The U. S. Fish and Wildlife Service studied thiF creek in 1984 and found that it supports juvenile cohc salmon and two species of sticklebacks. I have encloses several excerpts from their report for your information, This creek has been officially specified by the department as being important for the migration, spawning or rearing of anadromous fish pursuant to AS 16.05.870(a). A Fish Habital Permit is therefore required to conduct any work in the creek. If you have any questions please contact me at 267-2284. Sincerely, iL� • t'ti P i lip p. Brna Habitat Biologist Region II Habitat Division Telephone 267-2284 L Enclosure i � ' by George V. Elliott James E. Finn V.S. Fish and Wildlife Service Special Studies 1011 East Tudor Road Anchorage, Alaska 99503 December 1984 I { S. - 17 t` Other Tributaries Six other tributaries were inventoried for fish use in 1983. All were small, unnamed streams that enter.the Kenai River between its mouth and river mile (RM) 7.0 (Appendix A). The unofficial names used in this report are for convenience only. Campground Creek (USGS Kenai Quadrangle map C-49 TGN, R11W, sections 30, 31, and 32, and T50, R11W, sections 5 and 6; ADP6G (1984) anadromous fish stream catalog number 244-30-10010-2001) enters the Kenai River at RM O.Z. The stream receives flow from the large wetland north of Kenai, then flows south through two forks west of the Kenai Airport. Processor Creek (USGS Kenai Quadrangle map C-4, TO, R11W, sections 28 and 33, and T59, R11W, section 4; ADMG (1984) enedromous fish stream catalog number 244-30-10010-2003) enters the Kenai River at RM 1.6. The stream receives flow from the large wetland north of Kenai, then flows south to the river between the Salamatof Seafoods and Kenai Packers processing plants. Boat Launch Creek (USGS Kenai Quadrangle map C-4, TO, R11W, sections 27 and 34, and TSN, R11W, sections 3, 4, and 9; AD88G (1984) anadromous fish • stream catalog number 244-30-10010-2005) enters the Kenai River at RN 1.9. The stream receives flow from the large wetland north of Kenai through two forks that join just south of the Kenai Spur Road. The stream then flows south and southwest to the river. Pullout Creek (USGS Kenai Quadrangle map C-4, TSN, R11W, sections 9 and 10; ADBbG (1984) snadromous fish stream catalog number 244-30-10010-2007) enters the Kenai River at RM 2.1.. Most of the flow originates from springs in a gravel pit south of Beaver Loop Road. I. Rome Creek (USGS Kenai Quadrangle map C-4, TSN, R11W, sections 2 and ! 11; ADBbG (1984) aaadromous fish stream catalog number 244-30-10010-2015) 414 167 found in the stream during the September Sample, although 89 percent were age 0 (Figure 39). Only five age 1+ coho were captured during the July sample. Juvenile sockeye Salmon and Doily harden were captured in low numbers in the lower O:Z mi of the stream during September. Boat Launch Creek Three species of fish were found in Boat Launch Creek during 1983: coho salmon; and ninespine and threespine sticklebacks. Juvenile coho Salmon were the most frequently captured species during the September sample (Table 58). They were found throughout most of the drainage to 0.1 mi below the Kenai spur Road during both sample dates. Both age O and age 1+ size classes of coho were found in the stream during the September sample, although age 1+ was dominant. comprising 68 percent of the coho captured on that date (Figure 39). Low numbers (11) of age 1+ coho were captured during the June sample. Vinespine sticklebacks were the most frequently captured species during the June $ample. They were.found throughout .the drainage to just above the geaai Spur Road. Most were captured in the uppec reaches of the drainage. .. In addition, one threespine stickleback was captured in the lower portion of ' t the stream during the September sample. i•_~ -' Pullout Creek a.. . Six species of fish were found in Pullout Creek during 1983: coho. Varden;- and nines pine and threespine I-. __-- _-...- - _-- _ _ _ ...... -- -_-- Chinook, and sockeye salmon; Dolly p t sticklebacks. - - - -- - — juvenile coho salmon were the most frequently captured species on both sample dates (Table 58). They were found to within 100 m of the gravel pit ' i - - • KEI:�t .._.. . i;(S DEPT. AM. COnt. F J 1 VAr & Sm. ;; r �' V" Pag ,.ice N / 3 t, -0 streets _ . —f , Shop 1,V ...,u` STP �� � :y#°��`' ✓ .St�ir.�. fan � A Y E S T I M ATE CITY OF KENAI - -• Project SWIRES DRIVE AND LAWTON DRIVE IMPROVEMENTS Contractor DOYLE CONSTRUCTION COMPANY ` Address HCOI Box 1225 i Kenai, AK 99611 Project No. is •• Phone 776-8552 Period From 5/8fiB to/ 8�a - ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE F"I Original contract•amount $226,925.99�Net change by change orders Adjusted contract amount to dateZZ�r 92s 4'9 ANALYSIS OF WORK COMPLETED .® Original contract work completed 0 Additions from change orders completed UG Materials stored at close of period � O Total earncdO+O+O6 - 5's 33-7 s� ® Less retainage of /O percent 4' 93-& Q Total earned less retainage 7O-Og a�►3�So3 ® Less amount of previous payments - 11 - -Balance due this payment- ~ I ( jl ...►�j GtY Nor. ----v AUONVI l PuElic M'a Its --+- C•J city CIA MiBhial 70 �' Suhmitted 4"neii •K nN• Dyo •— -.. �..—. Iy i r PAY ESTIMATE N 0 : f Page" A of 7_ CERTIFICATION OF CONTRACTOR (or P Jinp to the peat of my knowledge and belief. 1 certify char all items and amounts shown on the face of this Periodic Estimate' fa P",I, Paymem are corrects chat All work has been performed and, or material supplied in ((uN a (&to of with the requirements Of the ralerenred Cvnuaet, andlor duly authorised deviations, substitutions. altototIPplioneand/or additions; that the e requir is • true and correct statement of the contract account up to and including the Iasr day of the period coveted by this Periodic $atimstel that no part of the "Balance Due This Payment has been received, clod that the undersi=nod and his subcontractors have•febeeA •entreats. Of t a- ©'Complied With oil the labor provisions of said contract. b• G Complied with all the labor provisions of said contract accept in those instances whets on honest dispute *slate frith too spree to said labor provisions. (t( (6) Is eAseaed, llsserfae f•►fe)rr wirers Of dleeute.) • � 04 Jo ef e.,1ISt1 a' (Crnoteclor) y AL41 (slsnotura Aelaormd prlaentauwj 19.0= Title - & .& CERTIFICATION OF ARCHITECT OR ENGINEER 1 Cattily that I have Checked and acrified the above and iott•cuing 1'a•riwlic f stimate tot laartial Payment: that to the bunt of my knowlcJpv and belief it is A Iruv and correct beact•ment 11t work ra•riarmeJ and%nr matarial I.upplicJ by the cuntractars that all work A titts And incluJvd In this fe j In c Estimate huts been in.peewd by me and Of by my Juty authuri.xJ reprelluntAalve ur asaivam► and that it h.t, Men prrinrmeJ and 'w r.urPlivJ in lull a;corJ-'ncu with rvquiremcntre of the reterrncu contrast: and that%uric l ayment Claimed ZnrequvstcJ by the contractor is curra•ccly cutnputeJ an the haaib ut wwk Pcrh/rmeJ .and"ur mata- tlal VA164lyd to JAtc tAr • ltret 1 vnelnwq 1>dtr ,..;-- 3/ PRE-PAYME"T ERTIFICATION BY FIELD ENGINEER • CArca )YAr nl prcmrw/ ♦rgtlwdr 1 have chc;Iv.t chi+ a•.ulnaty aa.aio.t the aantM"W'. Sr)la•IAIh• W dm.lolwr. f.•r C.eteravt )':avrnvw►b. the loafs. and teptrtts of my teap•,p.nl+ rt tl.e ptaavN, sot Rho, trrt.•fi: la ywt% %ul•nurra•,i t•v tilt. ar;hltvct W1191nea•r. It 1% my oplluan that the .latemvnt all wa►k {{•uft..rmt.t and aM nt.ata'r l.u1. Ill•pllv.t i. .K.•9411r. ttl.it thv a4-11 tPf 1. ul•.afNnr the IcQwrama•nta al the eOnfta;l. and that the ca•naa;rur shuuld to rani floc amaunt ra•gac.la•J .►Pure. ]�a (.artita 1t..0 e.: a.•t� au.r .•r I:.u.•nAl. un.tlr tilt. aantoal 1 11.1.:•s.rnJ cunt it h.l. !•a•vn r%rlarmvd eni'at sup. I— rita•.j In roil arr.•vr.tatr:v wrt it on" Wifulrvmtyltl a•t Ilan awltt.W.. •r1.:a Ynrinrrrt D.trt A, rraacd �.+M...: no a•tt..•rr1 D11r 1 L log v ASHI.EY—REED&ASS N b TEL No. r 907 258 3527 A 9 _ f V I 3 - �r1 ;i. Navy adds Kenai,(.?,' to list of Alaska 914 homeport choices By ROBLRT LAURIZ Tema Junto stow JUNEAU — Kenai has been added to the list of Alaska communities the Navy is evaluating as a homeport for one or more of Its ships, while the Southeast commu• nity of Gustavis has Meer► dropped from consideration. Commander Jim Dritt, Puhlic Affairs Officer for Naval Base Seattle, said other than that, the list of 11 Alaska communities remain tut• changed. The towns under comidoration now are An • chorage, Kenal/Nikiskl, Hamer. Kodlak, Seward, Whither, Valdes Cordova, Sitka, Juneau and ketc Ivan. 1'he Navy is evaluating the possibility of establishing a home:purt fur two ships In Alaska within the next two yt ors; Earlicr•this summer, a six•member data collection team visited the state to gathor, . Information to help snake Its decision. It is asses• sing the economics and envi- ronmental impacts of a Navy homeport in Alaska. t1nit said members of the team traveled to the Kenai area last month for more In. furmailon after It was added to the list. Ile says the data collection team is still putting togother its report. Britt said the team was not given any specific timetable, but Alaska Sen. Ted Stevens expects the list to be naa rowed down to seven 'son," then to three by the end of the year. Asked what communities are likely to be on the short list, Stevens said he hunt seen it, but "surely, Ketchiken and Juneau would be on the list of seven." beyond that, Stevens de• clined to apacutate. "You know this Is like the days when we would choose postmasters, There were 20 people to each community Who wanted to be postmaster you could recommend one WJ you had 19 enemies," aid Ste - vests. Both Britt and Stevens said Gustavis. an unincorporated community of 115 bordering Glacier Bay National Park, was never under serious con- sideration. "It someone did consider It, It was just considered a nice place to be stationed rather than a nice place to homeport vessels," sold Stevens. r I .. .. . . 0 1411 01 J n �r " Forget - Mew Not " Flyer I Sponsored by Older Alaskans Cmmission and City of Kenai KENAI MOOR SERV E Program Coordinators Liz Schubert Phones 283-7294, 1104 Misnion AV3. Activity Specialists Louise Earle service Hours: 9:00 - 3:00, M-F 4e MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 'ELY ACTIVITIES Decorations 1 Name Game 2 %04trent Events Hot Lunch Exercise Devotional Mind Jogger Quiss Transportation "LA" Game Movie Active owes Group Discussio Music Games/Cards Slogans ABC of Countries 6 S 9 S "Lets Talk" "BB" Game . LABOR DAY Beauty hog School Days RelationshipGame CENTER CLOSED Color Game Bible Share "Things to Rid@" Sing a Long Famous let Names Movie 12 13 14 15 16 " Hossograme" Beauty Shop "CH" game " " States b Capital Rock Game School Days Movie Crafts Coffee Cake Bak "BR" Game Slide Show Science Trivia ********+r***** ****NATIONAL ADULT AY CARE WEEK !�** *****ADULT DAY C WEEK*********** 22 23 "Fun" Game 19 Beauty Shop 20 „Lets Trees alk" 21 "EX" Game "TO" Game B dBke rea a Crafts 'BE" Game . ;radian Objects Movie _ "Advice" Bingo Famous Numbers History Trivia 26 - 27 28 - --- 29 30 "AL" Game Beauty Shy "Leta Talk" pa Birthday'. "CON" Game September Ruth Cookie Bake Support Grp Movie Sing a Long Slide Show "Comedians" Volunteer Mta Box Game 7 lul ---- 0 4 t: KEEPING MINDS ALERT ! Jivia Pursuit Anyone? Participants shine Here's a variety of some "thinking" games: when it comes to quits and chalkboard games at ` the Center. This month History and Science - Long Haired Girl, lives in a castle. t. Trivia are planned. Its a great feeling to (Rapunzel, Cinderella, Gretel �' Fi start with an empty board and see it fill up -Neither a borrower nor a .......... ! t 4. with all you know. Many of the games played -You get more bee': with than you do _ are planned for mental stimulation, recall with ...... and reminescence, besides just fun! Resources -The Octopus has 6 arms? (True or False) for the games are developed especially for -The capital of France is London? (True or False older people, they are challenging, thought -What is like a melody? provocing and fun. Both morning and afternoon -Why should you "Let Me Call You Sweet Heart"? sessions are scheduled daily. - Stop, Look and ....... �� -High, Wide and ....... , - 3 LOUISE'S CORNER "September" The Flower for the month is the Morning Glory. The Stone for the month is the Sapphire. It's National Sight Saving Mouth, Be Kind to Editors and Writers Month, T.V. Cable Month National Cat Health Month and National Clock Month. From the 4th to the llth - National Bowling Week 6th to the 12th - Data Processing Week 16th to the 25th - Aloha Week 18th to the 24th - ADULT DAY CARE WE - School Bus Safety Week DATES TO REMEMBER 5 - Labor Day CENTER CLOSED - Be Late for Something Day 11 - National Grandparents Day 12 - Rosh Hashanah 16 - May Flower Day 21 - Senior Citizens Olympics 22 - Autumn Equinox 24 - National Hunting and Fishing Day 26 - Ruth's Birthday 30 - Mk —a Stupid Question Day We will be talking this month about Septembe Trees and School Days. Also we will be taking a trip down memory lane with Adver- tisments, Advice and Comedians. Remember the outing to the Beauty School, every Tuesday. We will also be working on crafts for out White Elephant Bazaar and Open House in November. Till next month, Lover,,,. CAREGIVER SUPPORT GROUP The Caregiver Support Group will most at noon, 12:00, on September 27, 1988. The group welcomes any one caring at home for_ an elderly frail family member. Discussion and support provided.- Also available are educational materials. Contact Liz for mor more information. Bring a lunch if you like, coffee and tea provided. A reminder that there is still time to take advantage of the Respite Care available thru the Anchorage Support -Group. Check with Liz, for information about support and respite. A MESSAGE FROM THE COORDINATOR C It's hard to believe that summer has passed ; so quickly. Here at the Center we are + i looking ahead to fall and winter adtivitieF � already in the planning stage. but we still don't want to put the Bar-B-Q away. Each year about this time we start planning for a fund raiser to be held in November. This year besides home made goodies and crafts we will also hold a white elephant sale. Any Items will be graciously accepted for donations to the cause, monies raised will go towards the cost of program supplies. This month we recognize the support the Adult Day Care Center can be for frail elders and their families. September 18th - 24th, EK is National Adult Day Care Week. Visitors at the center are especially welcomed this week. A slide presentation of some of the various therapeutic recreational activities that take place at the Center is available to be shown to interested groups. It is important to be able to spread the word of Adult Day Care Services to others in the community seeking assistance in caring at home for loved ones. Please contact me, if you would like to arrange a slide presentation for your group. Groceries needed, please let us know if you(-, can helps Coffee, decafe, Sweet and Low. Tease Flour, Brown Sugar, Peanut Butter. Walnuts, Salad Dressings, Canned Fruit. Bingo items. 9 inch Balloons. re Calendar Highlights 5 - Center Closed, Labor Day 18th - Adult Day Care Center Week 27- Support Group - 12s00 noon 27- Volunteer Mtg - 300 pm Menu rltbjact to cnange w-LitUlAt. aatace. Salad may be substituted, or brown bag it! • r err► mom sou None /A.ONICB R. alum rorAPol oAPocN SAGO PASTA SALAD PSEIS roulT CUP Nur/IN "UIE • WISH pit OSer,t CASACNA CHlc%n ,,to "go, stag el sea sus RMArool coanV urns ,ems MAN CAARM SAM elm SPIRACK r.nr .Mho NASNI O earn! ""AmNs POTATO SALAD PrAS aANUC oNEAD t SSAN SALAD NN aW0— - - 4ALLa.IALAD _ CNt►,r C"COLAre CARS NOT NOLLS PINCAPPLR Went aeLtO APPLE color GARLIC SUED NOT SOLL CAPE r'a.tNeN TOAST 4ANSUNCSA /1llPAnw riARNreAR CNICREI /A CNILftN SALAD on SANCANES ►oPICR "Its RANrs POTATO POTATOES NACARost JMAD COOP DSVILIO LOOS WAN. V114"ArG PG locos MAE PROVE i IAUSAa asLLE, SALAD CRAPSSNNT allies SOT ROLL @RAN RUnIN onto MIT CUP "PAID Ju1Ce Ruse" VANILLA I= me emote plug PLS allies aTMNerEAS ,r@ IVu/ONION, At1N1110 MiCSEN /sAuo BAN D�DCasrNT —•VUL tuna i MALISUt � ►OTAToterew SAICO NICE Shut MA"U BASED OP/uLNs will own" SALAD INDICTED CAMMI RAITaS,rrPW CAULIILOot, step= OEM IV ROLLS CANSN MIT ,uRtlueaeewW SOCCOLC Nor ROLL BLACK roWr CA SALAD NOT a.a. Ica elm rrACN NALTu eaoosur 0. ru MOLL null ra"art con OeuNOT t VOLUNTEER NEWS Volunteers will have their Septmeber meet- amospuaH - ing on September 27, 1968 at 3s00 pm. uaaeTZ - i Planning for fall and winter activities UnoAs y27M anoZ uT m,T asnaoagll, - will take place. Please try to attend. uTxT9 6aaead V,e - sTiea 08T94 - We are presently recruiting for interested 8 698Te3 - asSauTA'Aauoq • persons who would like to join the participants aq 20pu9T - staff and Volunteers here at the Center. Tazundeg - An interest and desire are all thats needed training will be provided on the job. Contact Liz or Louise, if you are interested Z2IS'IV SaI1IW 9NIIiSR?1 - S1ISMSNV K, COUNCIL METING PLEASE REGISTERS M minutes per person) NAME ADDRESS "I 040Y F-coroz r— KENAI PENINSULA CHAPTER ALASKA STATE FIREFIGHTERS ASSOCIATION 105 south WINow street Kenai. Alaska 99611 (907) 283.4557 September 8, 1988 Honorable John Williams, Mayor Mr. William Brighton, City Manager Members of Kenai City Council City of Kenai 210 Fidalgo Street Kenai, Alaska As President of the Kenai Peninsula; Chapter of the Alaska State Firefighters Associat.lon, i-wouid like to extend an I nv i tat i on., to all of you; to ,at tend the Chap ter _Dinner and Kenai Fire Department Open -House. _ The Open House and Dinner are,informal,tand will bwheld September 210 1989 at the Kenai Fire Department, beginning at 6800 p.m. , 1 Members of the fire seryic6--from_ alai ovir, the Statc of Alaska will be in attendance -as -this funct-lon.takeoi,place during thet Jotnt Firefighter,s/Fire,,_Chie.f*s-Confer#nce. PI ease adv 1 se me at your ear 1.1 eat .convenience i f`;yP+ plan to attend. Your participation would be greatly apprec ated. S core 1 y, son A. Eison, President Ke a1 Peninsula Chapter, ASFA 283-7666 ....J TO DO LIST SEPTEMBER 7, 88 1 - T. Rogers - Research R/V park in residential areas. 2 - B. Eldridge (Harbor Comm) - sport to Council on 9-23-88 Ports of Alaska meeting 3 - B. Brighton - Check on bus eases in Angler, Beaver Creek area for violations conditional use permits V,g,OA-;f-1- J. Ruotsala - Verbatim o D-8, Task Force 5 - J. Williams - Send lett to Chamber of Commerce re/their share of Kona River Viewing Area project 6 - Harbor Comm - RecOmme appointment for Kenai River Management Area Boar 7 - Airport Comm - Revie Airport terminal renovation, report for 9-21-88 eeting 8 - B. Brighton - Chec on aircraft maintenance building in Anchorage - therm 1 package, original cost J. Ruotsala - Pr clamation for schools J. Ruotsala - roclamation for Ruby Coyle 11 - J. williams - emo to Caron/Comm re\necessity of monthly meetings jr A