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HomeMy WebLinkAbout1993-08-04 Council PacketKenai City Council Meeting Packet August 4, 1993 .1 AGENDA KENAI CITY COUNCIL - REGULAR NESTING AUGUST 4, 1993 7:00 P.N. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC CONVENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1558-93 - Amending KMC 22.05.040(c) and (d) to Clarify Lessees' Right to Negotiate the Sale of Their Leased Land, at Not Less Than the Fair Market Value, After Leasing the Land for a Two Year Period. 2. Ordinance No. 1559-93 - Increasing Estimated Revenues and Appropriations by $4,050 in the General Fund From the Reserve for Athletic Expenditures. 3. Resolution No. 93-61 - Supporting the Continued Development of the Mining and Petroleum Training Service (MAPTS) Fire Training Facility and the University of Alaska's Request to the Alaska State Legislature for a Grant of $2.2 Million to Fund the Development of These Facilities. 4. Resolution No. 93-62 - Transferring $105,000 in the Airport Land System Fund for Crack Sealing and Painting of Runways, Taxiways, and the Ramp. 5. Resolution No. 93-63 - Awarding a Contract for the Construction of the Evergreen, Haller, McKinley, Second, Third, Fourth, North Gill, Jefferson and Eadies -1- Way Street Paving to for the Total Construction Amount of Which Includes the Total Basic Bid. 6. Resolution No. 93-64 - Awarding a Contract for the Construction of the Kenai Municipal Airport Runway and Taxiway Crack Sealing and Painting, 1993, to Jackson Construction for the Total Construction Amount of $105,000.00, Which Includes the Basic Bid and Additive Alternate A. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees i AWT37 1. *July 21, 1993 Board of Adjustment Hearing/Appeal Hearing of Jack & Mary Keck and Junetta & Edward Call. 2. *Regular Meeting of July 21, 1993. 1. Approval - Policy for Request of Donations from Public and Businesses by Boards, Commissions and Committees. H. NEW BUOINE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1550-93 - Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund From the Reserve For Athletic Expenditures to Purchase a Parks Department Tractor. -2- 01 4. *Ordinance No. 1561-93 - Amending KMC 7.25.020 (City Budget Control). 5. *Ordinance No. 1562-93 - Increasing Estimated Revenues and Appropriations by $1,221,000 as a Result of Receiving Eight State of Alaska Municipal Grants. 6. *Ordinance No. 1563-93 - Increasing Estimated Revenues and Appropriations by $2,979.69 in the General Fund as a Result of Drug Forfeiture Receipts. 7. Discussion - Contaminated Soils - Kenai Courthouse. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSGION fl-11 1. Citizens (five minutes) 2. Council -3- MAYOR'S REPORT AUGUST 41 1993 COUNCIL MEETING ADD: C-3, Substitute Resolution No. 93-61 - Supporting the Continued Development of the Mining and Petroleum Training Service (MAPTS) Fire Training Facility and the University of Alaska's Request to the Alaska State Legislature for a Grant of $2.2 Million to Fund the Development of These Facilities. Corrected first *11Mbereas" -- •'clarification'• changed to 11certification curriculum." C-5, Substitute Resolution No. 93-63 - Awarding a Contract for the Construction of the Evergreen, Haller, McKinley, Second, Third, Fourth, North Gill, Jefferson and Eadies Way Street Paving to Alaska Roadbuilders for the Total Construction Amount of $447,425.00 Which Includes the Total Basic Bid. None. 'fib ',. Suggested by: Administi a�.L%... CITY OF KENAI NO. 1559-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040(c) and (d) TO CLARIFY LESSEES' RIGHT TO NEGOTIATE THE SALE OF THEIR LEASED LAND, AT NOT LESS THAN THE FAIR MARKET VALUE, AFTER LEASING THE LAND FOR A TWO YEAR PERIOD. WHEREAS, Ordinance No. 1134-86 amended KMC 22.050.040(c) by requiring that a lessee of lands must have either leased for a period of two years or completed development in conformity with a development schedule before he has a right to negotiate a purchase at fair market value, and WHEREAS, it appears KMC 22.05.040(d) was not amended to reflect the intent of Ordinance No. 1134-86, and WHEREAS, it is in the best interest of the City of Kenai to clarify the above -mentioned ambiguity. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 22.05.040(c) and (d) be amended as follows: 22.05.040(c) If the tract of land (airport or otherwise) proposed to be sold is leased land (WHERE THE LEASE SETS FORTH A DEVELOPMENT SCHEDULE], the lessee may, at his request, negotiate the sale of said land at not less than the fair market value. The current lessee obtains this right to negotiate a sale only after he has leased the land for the two-year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed development as detailed in the development schedule which has been incorporated into the lease agreement [(THIS CONDITION APPLIES TO AIRPORT LANDS LEASED AFTER JUNE 1, 1986)]. 22.05.040(d) If the tract of land proposed to be sold is not leased land, (OR IS LEASED LAND WITHOUT SUBSTANTIAL IMPROVEMENTS,] then the tract of land may only be sold by outcry auction or by competitive sealed bids. If the tract is to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be posed in at least three public places within the City at least 30 days prior to the date of sale, and such other notice may be given by such other means as may be considered advisable by the City Manager. Such notice must contain: (1) the legal description of the land, (2) a brief physical description of the land, (3) the area and general location of the land, (4) the minimum acceptable offer for the land (which shall be its appraised fair market value), (5) the terms under which the land will be sold, (6) any limitations on the sale of said land, (7) the time and place set for the auction or bid opening, ( 8 ) the amount of deposit to be submitted with each bid in order to cover the City's expenses such as survey, appraisal, and reviews, (9) any other matters concerning the sale of which the City Manager believes the public should be informed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 21, 1993 Adopted: August 4, 1993 Effective: September 4, 1993 (7/9/93)kh 1791-1991 CITY OF KENAI Capdal 4 44u4a l f 210 FICALGO KENIAI, ALASKA 99e11 TELEPHONE 283 7535 FAX 907-283.3014 MEMORANDUM TO: Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: July 8, 1993 RE: Dennis Svarner/Robert O'Connell Land Sale At the July 7, 1993 City Council meeting, Ms. Sandra Vozar objected to the sale of Tract A, Kenai Municipal Reserve No. 1 to the above referenced lessees. I would like to assure Council this sale was in line with our normal sale policy. However, Ms. Vozar has brought to our attention an inconsistency in the City Code. As a brief history, the City entered into a 99 year lease with the lessees on March 5, 1985. The lease application was approved by the Planning and Zoning Commission on August 8, 1984 and by the City Council on February 2, 1985. The original construction completion date was September 30, 1985. The Planning and Zoning Commission and Council granted three extensions to the construction completion schedule. In March of 1992, I contacted the lessees and told them they were able to purchase the property under KMC 22.05.040 (c). They opted to proceed with the purchase, at fair market value, as specified in the code. A copy of the appraisal is attached for your information. Also attached, is a map of the area and Borough assessed values. Note the subject property is assessed at $6,400 and sold at $7,700. An example of another sale to a lessee who leased property for two years and had not made substantial improvements, is a lot to Walter Craycroft in August, 1990, for the property behind his dealership building. It is the City's policy to tell prospective lessees they may purchase the property after it has been leased for two years. Attached is a copy of Ordinance No. 1134-86. The introductory language in the ordinance clearly indicates the intent of the ordinance to allow leased property, without substantial improvements, to be sold to the lessee. The administration's opinion is the specific language of this ordinance overrides any inconsistency alleged by Ms. Vozar. Also, note the words "upon substantial improvements have been made," were deleted from KMC 22.05.040(c) by this ordinance. It was clearly the intent, and has been our policy, that once the property was leased for two years the property could be sold to the lessee. When this code revision was made, the reference to substantial improvements in (d) should also have been deleted. It is the recommendation of the administration that Ordinance 1558- 93 be adopted to clarify the code. Under 22.05.040 (c), the words "where the lease sets forth a development schedule" should also be deleted. This would allow older leases, some of which do not have a development schedule attached and may have a building on the property, to be sold to the lessee. /kh Attachments -11 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1134-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040(c) BY REQUIRING THAT A LESSEE OF AIRPORT LANDS MUST HAVE EITHER LEASED FOR A PERIOD OF TWO YEARS OR COMPLETED DEVELOPMENT IN CONFORMITY WITH A DEVELOPMENT SCHEDULE BEFORE HE HAS A RIGHT TO NEGOTIATE A PURCHASE AT FAIR MARKET VALUE. WHEREAS, the Federal Aviation Administration (FAA) is concerned that lessees of Airport Lands may be leasing property with the intention of subsequently purchasing the property by negotiation, and thereby avoiding competitive bidding; and, WHEREAS, the City and FAA have agreed that a two-year waiting period will reduce the number of occurrences of such leases; and, WHEREAS, delaying purchases until development is completed or two years have passed is in the best financial interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 22.05.040(c) be amended as follows: 22.05.040(c) If the tract of land (airport or otherwise) proposed to be sold is leased land where the lease sets forth a development schedule, [UPON WHICH SUBSTANTIAL IMPROVEMENTS HAVE BEEN MADE,j the lessee may, at his request, negotiate the sale of said land at not less than fair market value. The current lessee obtains this right to negotiate a sale only after he has leased the land for the two-year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed development as detailed in the development schedule which has been incorporated into the lease agreement this condition applies to Airport Lands leased after June 1, 1986). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of May, 1986. �L TOM WAGONER, 4r YOR ATTEST: Q /j ..�G�tX•Q�. J rt Whelan, City Clerk • 0 First Reading: May 7, 1986 Second Reading: May 21, 1986 Effective Date: June 21, 1986 92933014 P-01 V ! �s. 0007 ti ti 5 N 0a7071G6 x5 �,1, 22. o4707108 �>' 'wo7I �d^,.' `%PAT07 ` Jam, ,'' " 1 ,`, i �sa�o 21 ' 40 3 ATO7 , pa707345 1 ,'26 000 ti ` _,'•, " 't �"- ''JOa70T ti,2 `j. i 04707206 P`�2A` ` `04707206 oaTOT F9'� 0a707123 J, pal p7202 1J 7086'D T , � ` � y�y 2�pa707203, �pa707204 J � J \ , �1 04705606' , , pAT08805 16 7 Od70420 , 07�� '` `L _r 1% r , i TR• 0-1 1glot 408 at0950 04709307 , TR. B oa7oa6�2 SERVE r ` • I P W RE y--- ------ --------- ------------_---------- ^_ O , co r r 2� OAT09 Od LAND APPRAISAL REPORT tr';te u— vn-s_A&I Borrower N/A Census Trace _N14X-_ Map Reference Property Address NM MANIA AVp M (Al.= Mislsilm Ave & Qook Tnl gt_&_ftzi Gly Kenai, County KP9-1201) ---state -Ale.- - -- - Zip Coax- LegalDescription Tr. A. PMMI KWIC1PAL Sale Paces N/A Data of Sale5=2o-92Tn8Dan Term —NL&_firs Property Rights Appraised ® Fee ❑ Leasehold ❑ De M mr y Actual Real Estate Taxes S N/A tyr I Loan charges lobe paid by seller S N/A Other sales concessions N/g_---_ __ Lender talent Cit:Yof�Kenai Address _ 210 Fidal$o-St. Kenaii,,Ak.-99611 a -_ Occupant Vacant Land Appraiser Janice Price and instructions to Appraiser $gtinate-MaXket -Value._ -.. J Location ®Urban ❑Suburban ❑Rural Built UP Over 75% ❑25% to 75% [:]Under 25°. Employment Stability ❑ ® ❑ ❑ Growth Rate ❑ Fully Day ❑ Raped ❑ Steady ® Slow Convenience to Employment ® ❑ ❑ ❑ Property Values ❑ Increasing ® Stable ❑ Declining Convenience to Shopping IN ❑ ❑ ❑ Demand Supply ❑ Shortage ® In Balance ❑ Over Supply Convenience to SChoois ❑ ® ❑ ❑ Marketing Time ❑Under 3 Most 134-6 Most ®Oyer 6 Mos Present Land Use 10 %1 Family _LS 2-4 Family 20_a. Apts _.o Condo 3.9__6a Commercial Adequacy of Public Transportation ❑ ® ❑ ❑ Recreational Facaales ❑ ® ❑ ❑ 2Q°. Industrial 1Q% Vacant Adequacy of Utilities ❑ ® ❑ ❑ Change in Present Land Use IN Not Likely ❑ Likely I - I ❑ Taking Piece I' 1 Property Compatibility ❑ ® ❑ ❑ I'I From SIM To Milti Reg_& 2220f Protection born Delnmentai Conditions ❑ ® ❑ ❑ Predominant Occupancy ❑ Owner ® Tenant 5 x, Vacant Police and Fire Protection ❑ ® ❑ ❑ Single Family Price Range S 30.000 to S 12na (Intl Predominant Value S gO,.Iltltl_ General Appearance of Properties ❑ ® ❑ ❑ Single Family Age 10_firs to _6()—firs Predominant Age Q -_r's Appeal to Markel ❑ ® ❑ ❑ noiSel Comments including those factors favorable or unfavorable, affecting marketability is g public Darks. Schoolsview See attarhed ccmrIents _ —� Dimensions 64.71 X 145.86 x 52.59 x 122_34 7667 Sq Ft3gMs ❑carrier Lot Zoning classification TM - T74=J - H r ntnri a Present improvemenIN/A []do ❑ do not contorm to zoning regulations Highest and best use []Present use ® Other IspecdYl 7'S[CVMe inn adJ(,`�t,n .7 Public Other IOescribel OFF SITE IMPROVEMENTS Topo Tsatso;I, to hluff with fill m[ttmist Elec ® Street Access ® Public ❑ Private Size Tmit a l ..Gas ® Surface r zzml Shape TL-mMil air - .Water ® Maintenance ®Public ❑Private View ['lYY1�irCi'fAtl R7yar & r'fY]k Trilet San Sewer ® ❑Storm Sewer ❑Curb,Gulter Drainage A!_`e"' s AC1epiat8 - 1r, at = tirmin ❑ Underground Elect &Tel ❑Sidewalk ❑Street Lights Is On Properly located in a HUD Identified Special Flood Heated Anal ®NO ❑Yet Comments (favorable or unfavorable including any apparent adverse easements. encroachments or other adverse conmtionfil See Aft?t32at1 mR f-q The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description incluWs a dolld, 'idlustmenf reflecting market reaction t0 those Items of significant venation between the subject and comparable properties It a significant item in thecomparable property lSsuperor lO Or more favorable thanthe subject property. a minus I-) adjustment is madethus reducing the indicated value at subject. it a significant item in the comparable is inferior to or test llavorabla than. the Subject propertya plus I-) adjustment i4 made thus increasing the indicated value of One subject ITEM Subject Properly COMPARABLE NO t COMPARABLE NO 2 COMPARABLE NO 3 Address Tr.AyMi]NICIPAL Lot 7, Blk. 20 Prtn. Lot 2, Elk. 6 Lot 21, Blk. 16 Proklmily to SuD Solos Phu S N/A ::ft- 75,000 s i a nnn Price S 'S 3 7 5,* Is 'f Data Source Date of Sale and Time Adjustment DESCRIPTION DESCRIPTION �aibl-il^' OESCRIPTION .;�;sK,,, DESCRIPTION x i _91 _ 91 Local -On It View - ' l-Nme 1 I __ IIWO I I _ I 1 I I Sales or Financing Concessionsse I i I 1 i Het Ad] (Total! ❑ PIt ®MinW e f f ❑Plus: ®Minutef 68 of Suteo valve tlt subltct I ! .94 1.26 n7is 2.04 Comments on Market Data _ Sctra Attar+}lari C%3MMtt[1ta * Pat unit Ara lttie hqge� cm useable arm Comments and Conditions of AppraisalRee attaiched Cert; i nail Go and Qtatav mt of T S_mit img QXV2JtiQne - See Attached Final Reconciliation Mg PatirmtM markp& yahip of thn mshiect-p= Si_0f)II x 7.667 Et = $.7_7.0"R)---- - - - 1 ESTIMATE THE MAIIICIT VALUE. AS DEFMiED.OF SU.CT PROPERTY AS OF _�s APDralSeri Si Review APpraiwr Il ir,.nIIL-I aniicce M. Price R FW 6a R.v t2 92 BU c 1M4 Forms and Worms - Inc. 315 Whitney Ave New Haven. CI 06511 All Rights be s - 7100--- -- — — - tI nAA55 -- fi�•t kka PhySil.11ly Iri'i/••(,1 Proper 1. Ilcm . I I I �15T1 FILE NO. g92-061 ADDITIONAL COMPARABLES ITEM Subject Property COMPARABLE NO. COMPARABLE NO S COMPARABLE NO.6 AW eee W.A,HUNICIPAL VA 523M Lot 5,& 6, Blk. 7 CnR 13 Lot 7, Blk. 20 07K !MIMIIV to BloCks 1 Lot SwsPrice s s 20,000 I= 95 000 's Pnce s Y' 2.31 's 4.75 * t Data Source es Seller Date of Sale and Time Adjustment DESCRIPTION DESCRIPTION '' 's DESCRIPTION "s DESCRIPTION TnjV5'i92 Locanon Kfwjai a I a ' 1NVgw g1liff Now +1. 16 Bluff ISM aralml Paved None I -1.73 None -3.56i-- SaNe or Frnancinq ConcesswnsNCM I = i s j NN Ad Total Plus: ®Minus's .57 is1.74 Plus. ® Mmus I s 3.56 1.19 10 Plus:Q Mmw S 1 ummaod 00 Ki Value LH:1_I:i, RE: Tract A, KENAI MUNICIPAL RESERVE SUBD. NO. 1 NHN Alaska Avenue, Kenai, AK 99611 Purchase Order No. 43119 File No. K92-061 NEIGHBORHOOD CONUMS: The subject neighborhood includes the Old Town area or the Original Townsite of Kenai. It is south of the Kenai Spur Highway, west of Cook Inlet and north of the Kenai River. It originally developed with single family homes and commercial use in the late 1950's and 19601s. There are remains several older single family homes, some properties with historical significance, several multi -family apartment complexes and light commercial uses including commercial office, retail space, etc. There has been a trend away from single family use with conversion of older single family homes to professional office use and commercial use along the Kenai Spur Highway. The trend from residential to multi family, professional office use, etc. have slowed but is expected to continue in the future. SSITE COMMUM S: The subject site is an irregular shaped 7667 sq.ft. lot fronting on Alaska Avenue, a 30 foot gravel right-of-way approximately 100' west from its intersection with Mission Avenue. The south edge of the property fronts along a steep bluff which drops to the Kenai River and Cook Inlet beach. There is public water, sewer gas and electric utilities available along Mission Avenue. The subject property boundary lines were not evident, so the exact location of the property is not known. The site is cleared and appears to been have been used for a fill dump site. It has a generally level topography to the bluff with some fill mounds with grass cover. The majority of the bluff appears to be grassed and stable, however the appraisers noted some erosion of the bluff along the southwest corner of the site. There is a 10 foot wide utility easement along Alaska Avenue and a 20 foot wide easement for an underground storm drain running through the center of the lot from north to south to the base of the bluff. HIGHEST AND BEST USE: The storm drain easement limits the site's utility and highest and best use. Due to the small size of the lot, it's narrow width, and location of the easement the highest and best use is as excess to an adjacent property. Sales of bluff lots in the Original Townsite of Kenai are limited. The comparables used to value the subject include an older 1983 sale of a bluff front lot, two recent sales of non bluff lots, and two listings of lots for sale by the owners. One is a bluff lot (resale of C-1) while the other is a non bluff lot. C-1 is an older 1983 sale of a 27,886 sq.ft. bluff lot located 1 lot east of the subject property. The property lines extend beyond the bluff and the owner indicated there is about 140' useable depth. It is estimated that the site has approximately 20,000 sq.ft. of useable ground. C-2 is a 1991 sale of a 9500 sq.ft. lot located approximately 1 block northwest of the subject. It has a partial Kenai River and Cook Inlet view, and was purchased for use as a building site. The City of Kenai indicates water and sewer was not to the site and the buyer subsequently purchased a utility easement from the adjacent property owners and extended water and sewer approximately 68' from Overland Avenue to the property. The appraisers were unable to confirm the details with the buyer and have estimated the additional costs for water and sewer between $2,000 and $3,000. C-3 is a 1991 sale of a 9200 sq.ft. irregular shaped non amenity lot fronting on Upland Street approximately 1 block northeast of the subject. It was purchased by an adjacent property owner. The seller indicates that it was purchased for future development of summer housing or an RV park but remains vacant to date. C-4 is a current listing of two contiguous non amenity lots totaling 8640 sq.ft. for sale by owner. The seller is asking $20,000 with 20% down and terms. The property is located at the southeast corner of Peninsula Avenue and Broad Street, is wooded, and all utilities are available. C-5 is a current listing of the previous sale, C-1, which is for sale by the owner. The owner is asking $95,000 with owner financed terms which were not disclosed. No recent sales were found of lots with a similar easement limiting the highest and best use. There have been historic sales in the past of various lots which have limited utility due to small size, limited access, etc. This type of property sells as excess to an adjacent site. Analysis of these sales indicate a discount of approximately 55% to 75% of the unit value. Considering the subject's small size, irregular shape, unknown fill and easement a 75% adjustment is used in the market data analysis. After adjustments, the five comparables used indicate a range in value for the subject from $.94/sq.ft. to $2.04/sq.ft. Considering the subject's limited use, a value is concluded toward the lower end of the range at $1.00 per sq.ft. or $1.00/SF X 7667 SF = $7700 (R) CERTIFICATION OF APPRAISAL: The undersigned does hereby certify as follows: 1. We inspected the subject on 5-20-92. 2. We have no present or contemplated future interest in the real estate which is the subject matter of this appraisal report. 3. We have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 4. To the best of our knowledge and belief the statements of fact contained in this appraisal report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. 5. This appraisal report sets forth all of the Limiting Conditions (imposed by the terms of our assignment or by the undersigned) affecting the analysis, opinions, and conclusions contained in this report. 6. This appraisal report has been made in conformity with and is subject to the requirements of the Appraisal Institute. 7. No one other than the undersigned prepared the analysis, conclusions, and opinions concerning real estate that are set forth in this appraisal report. 8. The real property which is the subject of this appraisal report, was valued as of May 20, 1992. File No. K92-061 ' J�M ce M. Pri 7 JohKIF. istiano, #AA55 1. Reproduction of this report for distribution to other than associates of the client, financial institutions, or to attorneys on condemnation cases is prohibited without permission of the author. Distribution, for instance, to promote a sale of the property may restricted to protect certain information of a confidential nature. 2. Disclosure of the contents of this report is further governed by the regulations of the Appraisal Institute. Neither all, nor any part of the contents of this report shall be disseminated to the public though any public mesons of communication without prior written consent of the author. 3. This report bears an effective date of appraisal and is based on data known, or reasonably construed to have been available at the time, and events since that date may have changed the subject's value. 4. The property is appraised as if free and clear unless otherwise noted, with no responsibility assumed for title and legal matters. 5. All information supplied or found through available records and sources is assumed correct unless otherwise noted. If errors are found, the right is reserved to modify the conclusions. 6. The data and conclusions embodied in this appraisal are part of the whole valuation. Any part of this appraisal may or may not stand f alone, is not to be used out of context, and constitutes only part of the evidence upon which a value judgement of the whole is based. 7. The appraisal does not imply the right to court testimony on the part of the appraiser without mutually satisfactory arrangements. 8. Market value is defined as "The most probable price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus". The majority of land is sold on terms. Typical terms in the market may include a 10 to 20% down payment with the balance at 9 to 12% interest for 10 years. Market time for land generally exceeds 6 to 12 months. 9. That no engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable, and no encroachment of real property improvements is assumed to exist. 7. 10. That maps, plats and exhibits included herein are for illustration only, as an aid in visualizing matters discussed within the report. They should not be construed as surveys or relied upon for any other purpose. 11. That no opinion is expressed as to the value of subsurface oil, gas or mineral rights and that the property is not subject to surface entry for the exploration or removal of such materials except if expressly stated. 12. That no detailed soil studies covering the subject property were available to the appraiser. Therefore, premise as to soil qualities employed in this report are not conclusive, but have been considered consistent with information available to the appraiser. 13. That, since earthquakes are common in the area, no responsibility is assumed due to their possible effect on individual properties. 14. In computing values, the figures have been rounded off to the nearest significant amount. 15. This appraisal is made in accordance with the standards of practice of the Appraisal Institute. 16. In this appraisal assignment, the existence of potentially hazardous material and/or the existence of toxic waste, which may or may not be present on the property, was not observed by me; nor do I have any knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The existence of potentially hazardous waste material may have an affect on the value of the property. The client is urged to retain an expert in this field, if desired. .......... ol a.WA- -A ft� VIEW OF SUB= PROPERTY FROM MISSION AVE. LOOKING SOUTHWEST. '.,'IEW FROM r=CR DF SUBJECT PIRDP= 1,0=� NORTH. VIEW OF ROAD ACCESS FROM MISSION AVE. LOOKING NORTH. R. Gram AI10/My )F KINAI main Igo" 2011 1.i4N t OM14 Tb* u,=*WDOWS A. BMW= and ROBEST D. O ' CONNEILL ad G9WftRS) , whose address is p. o. Box 1360, l f and valuable consideration receipt of edged, do hereby convey to the CITY OF assigbs (hereinafter called GRANT$E), Whose address is 210 Fidalgo Ave., Kanai, b a 99621, an easement for maintenance and operation, obnstrw*1 11', ;repair, and access. including ingress and egress of an undergr iid storm nearer line tgb and under the following described .real roperty situated in the Third Recording District, Third Judicial District, State of Alaska, to -wit: A tea foot section on each side and parallel to the centerline of the and ound Is o, ra sewer Zing located on Tract A, Kenai, -muni pal ate hrve 'SUbdivisioan No. 1 according to Piat'vo. 85=$2 This easement is given to the GRA M $ with right of ingress and egress from the '*'for the purposes herein granted. The said GRANTOR is to fully use. and enjoy said premises except for the p?urpcpses J.ktaeiA' granted to the said GRANTEE and provided the said ,mall not construct or permit to be constructed any h i • tt uis rao gir obstructions on or over said easement granted herein. STATE OF ALASKA THIRD JUDICIAL D1$ftICT jss• This COCtif ies that . on the Arlic day of) , me, the undersigned, a Notary in e-or, Alaska, personally appeared DENNIS A. SNAIMW t0 known to me to be the person named as 11110 IN Easement and acknowledged to me that he a tIaaj tb and voluntarily for the uses and purposes therein _a WITNESS my hand and official certificate first above written. my comission 002, before ` State of known and t foregoing to freely onadw • . !aC ;i r"tht Page 1 of 2 STATE OF ALASKA ) )ee. THIRD JUDICIAL DISTRICT ) This certifies that on the=ic day of , 1992, before me, the undersigned, a Notary in and &r the State of Alaska, personally appeared ROHERT D. 0' CONNBLL, to me known .to. be the person named as GRAMOR in the foregoinq Easamont and, acknowledged to me that he executed the same freely -aad voluntarily for the usas and purposes therein mentioned..', WITNESS my hand and official 1 the day and yearn'tbciii� certificate first above written. , r ARY PUBLIC fbr Alaska�'. y commission expires:afa ., . Page 2 of 2 ry R. Gnws NY Y Of !10 Fk%j 0 1, A1S*k* M11 2834"1 \X 20-M14 P. 2-2 i o V O N • r j A O N F F N• ei ,- • s ~�WT�� � �` G K J W • N W • u u ( . t•ri1 H - O f .. e• • N W :s Y • •sr �, A �h y i h W QW � ON uW p W :1- W �7S i �i s 73 i dw If • 1 _-__ • • ii_ • 1 -1� ML;OW61__i_ • Candidate Member - Appraisal Institute - #R86-0936 Licensed Residential Real Estate Appraiser, State of Alaska - #AA55 HUD -FHA Approved Appraiser - #2022 EDUCATION; University of New Hampshire, Bachelor of Science - Forest Resources 1979 Various Real Estate sales related courses including: Prelicense, Listing & Sales, Financing, etc. APPRAISAL COURSES: Real Estate Appraisal Principles (Exam #1A-1/8-1) 8/85 Basic Valuation Procedures (Exam #1A-2) 8/85 Residential Valuation (Exam #8-2) 3/87 Standards of Professional Practice (Exam SPP) 10/87 Western Resources Institute - Uniform Energy Rating System, 11/85 ARIBA/SREA/AIREA - 1 to 4 Family Appraisals for AHFC, FNMA, & FHA, 5/86 SREA - Uniform Residential Appraisal Report, 2/87 SREA - R41C & the Residential Appraiser, 3/87 HUD - Uniform Residential Appraisal Report Industry Meeting - 4/87 FNMA - Anchorage Underwriting Seminar, 8/89 SREA - Physical & Environmental Concerns in Housing, 9/89 Appraisal Institute - General & Residential State Certification Review Seminar, 4/91 PROFESSIONAL REAL ESTATE EXPERIENCE: March 1984 - Present October 1981 to March 1984 - Frykholm & Schaafsma Appraisal Independent Fee Appraiser - ERA/Property World, Inc. Real Estate Sales Alaska Housing Finance Corp. Alaska State Bank Alaska USA Fed. Credit Union Alaska Valuation/Farmers Home Admin. City of Kenai City of Soldotna Continental Bank & Trust Fannie Mae Fed.Deposit Insurance Corp. (FDIC) First Alaskan Mortgage & Escrow First Federal Bank of Alaska First Interstate Bank of Alaska First National Bank of Anchorage Frontier Alaska State Credit Union FSLIC Goldome Realty Homequity Relocation Co. HUD -FHA Rey Bank of Alaska MGIC National Bank of Alaska Northland Mortgage Co. Ninilchik Native Association Phillips Petroleum Co. Record Data Relocation Travelers Relocation Texaco Union Oil Company Various Individuals & Businesses FRYKHOLM & SCHAAFSMA APPRAISAL, EXPERIENCE: September 1991 to Present Frykholm & Schaafsma Appraisal Appraiser Trainee October 1987 to July 1990 Schauenburg Flexadux Corp. Operations Manager - Manufacturing October 1985 to October 1987 Track II Marketing, Inc. Licensed Motor Vehicle & Heavy Equipment Salesman, Bookkeeper January 1980 to April 1983 EDUCA'PION s Salt Creek Mining Co. Purchasing Agent, Coal Mine Mesa State College, Grand Junction, Colorado 2 years study with emphasis on accounting, economics and business law. 1983-1985 Various professional business seminars including: In Search of Excellence (1990), Stress Management for Professionals (1989), Purchasing Management, Effective Negotiation, Effective Communication (1980-1982 ) Real Estate Related Courses: 11/91 Real Estate Case Law and Contracts 2/92 Alaska Thermal Standards Seminar TYPICAL CLIENTELES Farmers Home Administration National Bank of Alaska First National Bank of Alaska Frontier Alaska State Credit Union Red Bank of Alaska Northland Mortgage Co. Various Individuals FRYKH)LIM & SCHAAFSMA APPRAISAL. on" a I t 1� Imm I IA mj :1 wo ad Ift LAW �s C-� Suggested by: Parks & Recreation Director City of Kenai ORDINANCE NO. 1559-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,050 IN THE GENERAL FUND FROM THE RESERVE FOR ATHLETIC EXPENDITURES. WHEREAS, in 1980, the City Council adopted Resolution No. 80-178 that accepted land from Harold A. and Rita Daubenspeck; and WHEREAS, that resolution provided that revenues derived from the oil, gas, and mineral rights of the land "be dedicated to athletic programs sponsored by the City of Kenai"; and WHEREAS, at June 30, 1993, the balance in the reserve for athletic expenditures is $76,088; and fi WHEREAS, the City's ballfields and parks are integral parts of the City's athletic programs; and WHEREAS, the Parks and Recreation Director has requested that the Council approve the purchase of a water reel traveling sprinkler. 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: Reserve for Athletic Expenditures 4,050 Increase Appropriations: Parks - Machinery & Equipment $ 4,050 Ordinance No. 1559-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 21, 1993 Adopted: August 4, 1993 Effective: August 4, 1993 Approved by Finance: CQl.P (7/14/93) kl =oft%Q/J0 Water -Reels will increase your yields, maintain the good looks of your turf grass, Improve athletic field playing conditions and preserve the beauty and value of landscaping. Easy -to -use irrigation when and where you need it. Water -Reels are "Made in USA" to the high standards associated with a company that has manufactured traveling irrigators for more than a quarter of a century. Booster Pump Booster Pumps are used in conjunction with existing systems for two reasons: 1. To raise inadequate pressure to permit the installation and use of a Water -Reel. 2. To raise the pressure to enhance the machine performance. For example, with adequate pressure it is possible to irrigate an area equal to a football field with a single pass through the center. (For actual pressure requirements, see Performance Guide overleaf.) Rowcrop Cart A'High Cart' is available for use with the B160 machine. The cart has an adjustable wheel track and 28 inch crop clearance. SUGGESTED BY: City of Kenai RESOLUTION NO. 93-61 c -3 Mayor Williams A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE CONTINUED DEVELOPMENT OF THE MINING AND PETROLEUM TRAINING SERVICE (MAPTS) FIRE TRAINING FACILITY AND THE UNIVERSITY OF ALASKA'S REQUEST TO THE ALASKA STATE LEGISLATURE FOR A GRANT OF $2.2 MILLION TO FUND THE DEVELOPMENT OF THESE FACILITIES. WHEREAS, State Fire Service Training has no official training center to provide formal training to any fire service personnel in the Firefighter Level I, II, or III certification curriculum in particular, Engineer/Apparatus Operations, Company officer, or Chief Officer training in general; and, WHEREAS, such certification and training is necessary and desirable to ensure qualified entry level, operational level, and command level fire service personnel; and, WHEREAS, the City of Kenai, in conjunction with the University of Alaska Mining and Petroleum Extension Service and the State of Alaska, have undertaken the development of physical facilities necessary for such training and have expended nearly $3 million to create training facilities for that purpose; and, WHEREAS, MAPTS, through its representative chancellor, is requesting that the University of Alaska Board of Regents, include in its capital budget request for FY 94/95, a grant of $2.2 million for further development of the MAPTS Fire Training Facility in Kenai to include installation of both interior fire training props, industrial fire training props, storage facilities for fire fighting equipment, and additional classroom facilities at its present training facility; and, WHEREAS, the State Fire Service Training Department will utilize the facilities to maximize the availability of ongoing formal training for fire service personnel statewide both now and in the future. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to fully support the continued development of the MAPTS Fire Training Facility; BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to support the University of Alaska's request to the Alaska State Legislature for a grant in the amount of $2.2 million to fund the development of these facilities. Resolution No. 93-61 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk ALASKA FIRE CHIEF'S ASSOCIATION RESOLUTION #93- WHEREAS, State Fire Service Training has no official training center to provide formal training to fire service personnel in the Firefighter Level I, II, or III certification curriculum in particular, nor Engineer/Apparatus Operations, Company Officer, or Chief Officer training in general, and WHEREAS, such certification and training is necessary and desirable to ensure qualified entry level, operational level, and command level fire service personnel, and WHEREAS, the University of Alaska provides a Fire Science Degree program but does not include certification for Firefighter I, II, or III levels, and WHEREAS, the Alaska Fire Chiefs Association has continuously encouraged the State Fire Marshal's Office to establish a means to provide ongoing training and certification for fire service personnel, and WHEREAS, The State Fire Marshal, State Fire Service Training, the University of Alaska, the City of Kenai, the Interior Fire Chief's Association, the Kenai Peninsula Fire Chiefs Association, and State Legislative Representatives have endorsed the concept of this resolution,) THEREFORE BE IT RESOLVED THAT, The Alaska Fire Chief s Association encourage, support, and pursue the establishment of a formal Fire Service Training Center to be located at the site of the University of Alaska Fire Training Center in Kenai, Alaska; and That a method of certification and/or accreditation for training through such a Center be established by State Fire Service Training in conjunction with the University of Alaska; and That State Fire Service Training utilize the facility to maximize the availability of ongoing formal training for fire service personnel now and in the future. ADOPTION: PASS Distribution: Walter Hickel, Governor Jack McGary, State Fire Marshal Alaska Legislature NO PASS Andy Postishek Robert Plum President, A.F.C.A. President, A.S.F.A. State Fire Training Center Proposal Draft Page 2 Fire Service Training in development of a viable, long term solution that meets the needs of fire departments throughout the State of Alaska, and to provide a future for State Fire Service Training. The University of Alaska, in conjunction with the City of Kenai, has the facilities to accommodate the State 's needs. The facility currently offers two classrooms, highrise training (four stories), meets most structural fire fighting needs, is equipped with oil fire training props, and water supplies. It is located on a forty acre tract of land allowing for future expansion, and an over all plan to accommodate hazardous materials, aircraft, cold water rescue, etc. The entire facility is computerized with state of the art control stations, meets all EPA and State DEC requirements, and is located in close proximity to the municipal airport, hotels and restaurants, and within minutes of the University of Alaska's Kenai Peninsula campus. This facility offers the State of Alaska the opportunity to immediately establish a viable training center at a minimum cost with maximum accessibility to departments throughout South Central and Western Alaska, and will establish accreditation through the University of Alaska. STATE FIRE TRAINING CENTER Kenai, Alaska Draft Proposal State Fire Service Training has recently turned all regional fire training centers over to the municipalities of Anchorage, Fairbanks, and Juneau in accordance with agreements set out when the regional training facilities were originally built ten years ago. At the present time the Division of Fire Service Training has no official "State Fire Training Center" and is currently expending monies to accommodate office space and locations to provide formal training. The State is, in fact, being penalized monetarily now that the training centers have been released to their perspective cities. The Fire Service in the State of Alaska has been looking for a more (� positive approach to in -state fire training. The State is limited to the amount of training that can be provided and, of course, funding has been a continuing dilemma. The Alaska Fire Chiefs Association has continuously encouraged the State Fire Marshal' s Office to establish a means to provide: ongo-ing training and certification/accreditation -for_ fire service personnel. Until now, ideas recommended for the solution to the problem have only been directed towards curriculum. Though the curriculum will eventually provide a certificate, it is only part of the solution. Until the State provides a facility to put the curriculum to practical use, the Alaska Fire Service will continue to be faced with the expense of training personnel out of State. It is time to bring together entities that can assist the State CITY OF KENAI FIRE DEPARTMENT z 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 PREVENTION (907) 283-7666 -3 e-1 KENAI July 15, 1993 Jack McGary, State Fire Marshal-=` State Fire Marshal's Office 5700 E. Tudor Road Anchorage, AK 99507-12255 SUBJECT: STATE FIRE SERVICE TRAINING CENTER PROPOSAL Attached is a draft proposal for; Pire--Service Training to establish a statewide training center,;;;.a 'ni nzmal cost, utilizing existing facilities in Kenai.; Your endorsement of the ante t ;o this groposal would be greatly appreciated. I have attached'•a. draft of a.. resolution which will be presented at the 1993 AFCA/ASFA-.`Joint. Conference, pending your endorsement, as well as endorsements --,as stated in the resolution draft. I look forward to hearinsyour.;thoughts and comments on this proposal and I am prepared;_ ocontinuelaying the groundwork for this project, providing it:..�caing1'"s. with the goals of your office and Fire Service Training. Thank you for your time and consideration of this proposal. Sincerely, David C. Burnett Fire Chief Kenai Fire Department enclosures Resolution No. 93-61 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of August, 1993. John J. W ll ams, Mayor ATTEST: Carol L. Freas, City Clerk C-3 SUGGESTED BY: Mayor Willim"C' City of Kenai RESOLUTION NO. 93-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE CONTINUED DEVELOPMENT OF THE MINING AND PETROLEUM TRAINING SERVICE (MAPTS) FIRE TRAINING FACILITY AND THE UNIVERSITY OF ALASKA'S REQUEST TO THE ALASKA STATE LEGISLATURE FOR A GRANT OF $2.2 MILLION TO FUND THE DEVELOPMENT OF THESE FACILITIES. WHEREAS, State Fire Service Training has no official training center to provide formal training to any fire service personnel in the Firefighter Level I, II, or III particular, Engineer/Apparatus Operations, Company Officer, or Chief Officer training in general; and, WHEREAS, such certification and training is necessary and desirable to ensure qualified entry level, operational level, and command level fire service personnel; and, WHEREAS, the City of Kenai, in conjunction with the University of Alaska Mining and Petroleum Extension Service and the State of Alaska, have undertaken the development of physical facilities necessary for such training and have expended nearly $3 million to create training facilities for that purpose; and, WHEREAS, MAPTS, through its representative chancellor, is requesting that the University of Alaska Board of Regents, include in its capital budget request for FY 94/95, a grant of $2.2 million for further development of the MAPTS Fire Training Facility in Kenai to include installation of both interior fire training props, industrial fire training props, storage facilities for fire fighting equipment, and additional classroom facilities at its present training facility; and, WHEREAS, the State Fire Service Training Department will utilize the facilities to maximize the availability of ongoing formal training for fire service personnel statewide both now and in the future. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to fully support the continued development of the MAPTS Fire Training Facility; BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to support the University of Alaska's request to the Alaska State Legislature for a grant in the amount of $2.2 million to fund the development of these facilities. d'� Suggested by: AdministraL-LV,I City of Kenai RESOLUTION NO. 93-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $105,000 IN THE AIRPORT LAND SYSTEM FUND FOR CRACK SEALING AND PAINTING OF RUNWAYS, TAXIWAYS, AND THE RAMP. WHEREAS, in fiscal year 1993 budget, an appropriation was made for crack sealing and painting at the Airport; and WHEREAS, when the bids were presented at the May 19, 1993 Council meeting, the City Council decided to reject the bids and to rebid the project; and WHEREAS, bids have now been received; however, funds have since lapsed and an appropriation must be made in fiscal year 1994 budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Land -System From: Airport M & O - Contingency $105,000 To: Airport M & O - Repair & Maintenance $105,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C44 (7/29/93) kl e"fr Suggested by: Admiuusu-duun CITY OF KENAI RESOLUTION NO. 93-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE EVERGREEN, HAT J ER, MCKINLEY, 2ND, 3RD, 4TH, NORTH GILL, JEFFERSON, & EADIES WAY STREET PAVING TO FOR THE TOTAL CONSTRUCTION AMOUNT OF $ WHICH INCLUDES THE TOTAL BASIC BID. WHEREAS, the following bids were received on August 3, 1993, for the above referenced project: WHEREAS, the following is a description of the total basic bid: Basic: Strip paving of the roads listed above. WHEREAS, the recommendation from Nelson & Associates, the project design consultant, and the Public Works Department is to award the contract to for the �,- total basic bid of $ , and WHEREAS, the Council of the City of Kenai has determined that is bid for the basic bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Evergreen, Haller, McKinley, 2nd, 3rd, 4th, North Gill, Jefferson, & Eadies Way be awarded to for the total construction amount of $ which includes the total basic bid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: Suggested by: Administration CITY OF KENAI RESOLUTION NO. 93-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE EVERGREEN, HALLER, MCKINLEY, 2ND, 3RD, 4TH, NORTH GILL, JEFFERSON, & EADIES WAY STREET PAVING TO ALASKA ROADBUILDERS FOR THE TOTAL CONSTRUCTION AMOUNT OF $447,425.00 WHICH INCLUDES THE TOTAL BASIC BID. WHEREAS, the following bids were received on August 3, 1993, for the above referenced project: CONTRACTOR Alaska Roadbuilders Quality Asphalt Paving TOTAL BASIC BID $447,425.00 $568,395.00 WHEREAS, the following is a description of the total basic bid: Basic: Strip paving of the roads listed above. WHEREAS, the recommendation from Nelson & Associates, the project design consultant, and the Public Works Department is to award the contract to Alaska Roadbuilders for the total basic bid of $447,425.00, and WHEREAS, the Council of the City of Kenai has determined that Alaska Roadbuilder's bid for the basic bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Evergreen, Haller, McKinley, 2nd, 3rd, 4th, North Gill, Jefferson, & Eadies Way be awarded to Alaska Roadbuilders for the total construction amount of $447,425.00 which includes the total basic bid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ea Written by Public Works: Suggested by: Admini -6 CITY OF KENAI -. RESOLUTION NO. 93-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE KENAI AIRPORT RUNWAY AND TAXIWAY CRACK SEALING AND PAINTING, 1993, TO JACKSON CONSTRUCTION FOR THE TOTAL CONSTRUCTION AMOUNT OF $105,000.00 WHICH INCLUDES THE BASIC BID AND ADDITIVE ALTERNATE A. WHEREAS, the following bids were received on July 29, 1993 for the above referenced project: CONTRACTOR Jackson Construction BASIC BID $ 80,000.00 ADD, ALT. A $ 25,000.00 TOTAL BID $105,000.00 Anchorage Enterprises 98,100.00 16,750.00 114,850.00 Asphalt Marking Services 127,100.00 37,250.00 164,350.00 Walsky Construction 146,706.00 27,790.00 174,496.00 RAM (Rasmussen Asphalt Marking) 147, 249.25 47, 605.00 194, 854.25 Wilderness Paving 99, 825.00 0 Non-Respansve WHEREAS, the following is a description of the basic bid and the additive alternate A: Basic: Seal and Paint Runway and Taxiway. Alternate A: Seal and Paint Apron. WHEREAS, the recommendation from the Public Works Department and the Airport Manager is to award the contract to Jackson Construction for the basic bid and addditive alternate A for the total construction cost of $105,000.00, and WHEREAS, the Council of the City of Kenai has determined that Jackson Construction's bid for the basic bid and additive alternate A is the lowest responsible bid and award to this bidder is in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the Kenai Municipal Airport Runway and Taxiway Crack Sealing and Painting, 1993, be awarded to Jackson Construction for the total construction amount of $105,000.00 which includes the basic bid and additive alternate A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of August, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ct Written by Public Works: JOHN J. WILLIAMS, MAYOR W _0-a KENAI AIRPORT CONXIBBION J41y Or 1993 city Hall Coumil Chambers Mairmn Bill Toppa r�FAQ_*�W%11 On • s 4. APPROVAL OF MINUTES June 10, 1993 5. OLD BUSINESS �^ a. Short Term Parking and Towing Policy b. Car Rental Lease Rates 6. NEW BUSINESS 7. AIRPORT MANAGER'S REPORT • s • • 1,z4UJ_. XXXXI AIRPORT COMILISBION July 8, 1993 City Hall Council Chambers Chaiftan Bill Toppa *****XXJWHB***** 1. ROLL CALL Members present: Tom Thibodeau, Bonnie Koerber, Dianne Smith, Ron Holloway, Teresa Werner-Quade, Bob Scott, Bill Toppa Also present: Ray Measles, Councilman Randy Ernst, Airport Manager Carol Freas, City Clerk 2. APPROVAL OF AGENDA Agenda approved as presented. 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. APPROVAL OF MINUTES June 10, 1993 Werner Quade moved to accept minutes as presented. 5. OLD BUSINESS a. Short Term Parking and Towing Policy SO ORDERED. Toppa - Asked how the traveling public is informed about the airport closure policy which exempts drivers in the short term lots from towing if the airport is closed due to weather conditions or a volcanic eruption? Ernst - Explained that this only effects the parking lot for short periods of time. South Central informs the towing company not to tow cars when the airport is closed. After hours the dispatch from Anchorage will inform the Kenai Police Department to inform the towing company. Ernst said out of the two years they have been enforcing this there have only been eight hearings. So only eight people out of the over 500 who have been towed have complained. Zoerber - Asked if there was any way they could set up an emergency system, like if people end up in the hospital? �^ KENAI AIRPORT COMMISSION f July 8, 1993 - Meeting Page 2 Ernst - People could find someone to move their car and they can have a hearing. The towing rate has dropped 24%, so the policy is working. Dan Van Zee - Said he felt the system the way it stands penalizes people who it shouldn't. When people rent his cars they may not understand that they should not park in this area, but they leave them there and he gets stuck with a towing bill. I could bill my customer, but the city makes the policy and than I'm the bad guy. Holloway - Said he would like to see a policy where the rental companies could be exempt from the towing policy. He said that maybe the city could not be as strict in the summer, since the winter is the most important time to have the cars towed for snow removal, etc. Ernst - Says the policy serves two purposes, it clears the lot and gives credence to the long-term parking. There really are not that many rental cars this has affected. Roerber - Asked if the rental cars could be towed back to the rental agency lot? They would still be charged but not taken out to the North Road. Holloway - Said he felt that the rental cars should be left until morning, unless there is major plowing to do. Ernst - If you select a group of people to be exempt from the parking policy than you are opening yourself up to all kinds of problems. There has only been two or three times this has happened. Maybe the car rental agencies need to put a sticker on the dash to warn people not to park in the short-term lot. Holloway - Said he felt if it's only happened 3 or 4 times that people have probably been good at not parking in the short-term, considering the number of cars they rent. If we exempt rental cars we are not selecting a group of cars but vehicles that are part of the airport business system. Van Bee - When I brought the issue up I suggested city could charge the long-term rate for a 24-hour If there the next day than they get towed. MOTION: that maybe the "grace" period. Werner -Quads MOVED to retain the short-term parking policy as it stands. No SECOND. Motion died due to lack of second. KENAI AIRPORT COMMISSION �* July 8, 1993 - Meeting Page 3 Holloway MOVED that car rental agencies be allowed a 24-hour grace period and pay the long -tern parking fee. No SECOND. Motion dies due to lack of second. Shirley Roberts - In Florida were I'm from, the car rental jacket states that any ticket you get while using the car is your responsibility. She said that when you rent you have to have a credit card and if you don't pay the charges the car company can get reimbursed from your card. Scott - Said he has never rented a car where it was not returned to the rental car lot. MOTION: Holloway MOVED that as far as rental agency cars parked in short- term the City put an envelope on the car requesting a $10 parking fee. After noon of the next day it will be towed. Roerber SECONDED. Werner-Quade - Asked for clarification. Would the policy stay the same except for the car -rental agencies? Toppa - Yes. Ray Measles - Asked who was going to put this ticket on the car at 2:00 a.m.? As a councilman I would have a real hard time telling the tax -paying public that we are not going to charge people from out-of-town, but we are charging the tax -payer. He said he rented cars a lot, any place you go if you violate any law or regulation you will be billed on your charge card. It's not the rental agencies problem it's the people that broke the law. If you break the law you pay for it. Just to say it only happens once in awhile so they should overlook it, is like saying I only break the speed limit once in awhile so they should let it go. The regulations apply to everybody who uses this lot. Toppa - Asked for a vote. Koerber - Asked if she could legally second the motion since she owned a car rental agency? Toppa - Said he felt she couldn't and asked for a new second. Seeing and hearing none the motion died due to the lack of a second. KENAI AIRPORT COMMISSION July 8, 1993 - Meeting Page 4 b. Car Rental Lease Rates Toppa - Said he had read the rates which had been included in the packet and he felt that the Kenai rates seemed comparable to other airport rates. Werner-Quado - Felt that the rates seemed fair but it seemed to her that Mr. Van Zee had not had an adequate opportunity to submit his concerns over the lease rates. Ernst - Explained that the budget process is a lengthy one and that if the lessees have a problem with their rates they can approach the Airport Manager (Ernst) or the City Manager and discuss these rates. By the time Van Zee came forward the budget process was almost complete. Toppa - Asked if there was a cut off when people can impact the lease rates. Ernst - They can have input up to the time the budget is passed. Werner -Quad• - Asked when Van Zee would have to get his comments in to effect next year's budget? Ernst - Said January 1st, 1994. Toppa - Said he didn't feel there was any action the Commission needed to take. It appeared that the rates were consistent with other rates. 6. NEW BUSINESS a. Float -Plane Basin Advertising - Radio Ernst - Presented a proposal from Pilgrim Advertising. They felt that if radio was used it should be a concentrated effort for 10 days. The total cost was for 4 stations, 10 consecutive day runs. 8ollovay - Felt that these amounts were high and a local station would be cheaper. He also thought the advertising should be spread out over the entire summer and not targeted for just a few days. Toppa - Said that a couple of weeks ago he had asked the City about the Airport Safety plan, I was told it was a restricted document. He asked what the Airport Commission can view? Ernst - Said that this particular document the FAA has requested �,. that it not be distributed. A person could petition the City Manager to see it but it's not that big of deal. KENAI AIRPORT COMMISSION --, July 8, 1993 - Meeting Page 5 Measles - Said if the Commission looked at it, it would become public information. Since this is a private document it would have to be seen by petition on an individual basis for security purposes. 7. AIRPORT MANAGER'S REPORT Ernst reported on emplanements and pay parking totals. • „Ise • • �!�`����`�1�Z�lil��:�f��� Werner -Quads - Had mentioned at a previous meeting the possibility of setting up a meeting with a lady who teaches parliamentary procedure. There would probably be a fee involved but hopefully all the other Commissions could also attend. She asked who on the Airport Commission would be willing to do this. Carol Freas - Said she had a video tape which was available through her office on parliamentary procedure. She also has Robert's Rules of Order which is available for review. Freas said she might be able to order extra copies of Robert's Rules of Order for the Airport Commission, but they should be turned in when a .�., Commissioner leaves. Werner -Quads - Reported at the last meeting there was a discussion about the Rental Cars using some parking spots next to the dumpster. The Commission said they would look at that area, and she wondered if anyone had been able to look at that site. Toppa - Felt that should be tabled until the September meeting. That issue is really should be resolved before winter when ice and snow hamper access to the terminal. Werner -Quads - Asked what happens to the short-term parking policy? Ernst - Said it stays as is. Werner-Quade - Just wanted to clarify this because some people had come to the Commission to talk about a certain roadway. The Commission discussed this at great length and the men kept bringing it up. Toppa - Said there was no action on the parking policy so it stays as it is. KENAI AIRPORT COMMISSION July 8, 1993 - Meeting Page 6 There being no further business the meeting approximately 8:30 p.m. It had been decided meeting that the Commission would take August regularly scheduled meeting will be September 9, Respectfully submitted, d*Yretary Loretta Ha ey Transcribing Sec was adjourned at at the previous off. The next 1993. LINDA L. BONEWELL 1607 Toyon Way, Townhouse #6 Kenai, Alaska 99611 Office: (907)283-7222 Fax: (907)283-6102 Home: July 21, 1993 Honorable John Williams 210 Fidalgo Street Kenai, Alaska 99611 D#-� 0�"3 (907)283-7266 '`�w T �o Ri�, r w JVL'A 99 3 C17- �. TyOFkK o�68L 9 c 1� Re: Submittal of Application Requesting Appointment to the City of Kenai Airport Commission Dear Mayor iams, In recent months I have been afforded the opportunity of attending several City of Kenai governmental meeting. Attendance at these meetings has heightened my awareness of issues facing local government and has resulted in a personal desire and commitment to work with civic leaders in resolution of community issues and continued development of economic opportunities for our citizenry. I would appreciate your consideration of me as a candidate for a position with the Airport Commission, and have taken the liberty of enclosing a completed City of Kenai Commission/Committee Appointment Application. I am seeking a volunteer position that will afford me the opportunity of utilizing my legal education, leadership experience, and communication skills in a positive pro -development environment. I am a responsible person who is concerned with performance and accountability. If you have further questions regarding my application, please do not hesitate to contact me. Thank you for your time. Sincerely yours, J Linda L. Bonewell Enclosure 283 3014 P.22 Im - lun CITY OF KENAI „a4/ Cdp,44WAs 4 4iad4a. .-... ayoFWALW sayer,,u.MU „e„ rem4omm-mu r-MWY 203-W4 DWM: July 21, 1993 rya: Ms. Linda L. Bonewell Resident of the City of Kenai? Yes NOW long? August 1991 Mailing Address 1607 Toyon Way, #6 Telephone No. 283-7266 Business Address 11355 Frontage Road, #2'Yelephone No. 283-7222 MOWMM: Cook Inlet Regional Citizens Advisory Council Job Title Program Coordinator ]� or MUM Not Applicable Current membership in organizations: See Attached Resume, Please! Past organizational memberships: See Attached Resume, Please! COID�IT=28 O8 COMMS81=8 IN IA;ICB YOU "n I I IFS IRI I ,--� LINDA L. BONEWELL 1607 Toyon Way, Townhouse #6 Kenai, Alaska 99611 Office: (907)283-7222 Fax: (907)283-6102 Home: (907)283-7266 Doctorate Of Jurisprudence 1986 South Texas College Of Law Houston, Texas Bachelor Of Science Degree, Cum Lauds Honors 1981 Douglas MacArthur Academy - Hatton W. Sumner's Scholar Brownwood, Texas Program Coordinator 08191 - Present Cook inlet RCAC - Prevention, Response, Operations, 8 Safety Committee Kenai, Alaska Responsible for research, analysis, and summarization of environmental reports, proposed legislation, proposed regulations, and legislative hearings. Attend ADEC, SPAR, ACMP, AFBG, NRDA, Alaska Marine Pilot Board and federal agency meetings as requested by the Executive Director. Prepare requests for proposals, contract amendments, and when necessary settlement offers. Attend, observe, review and compile written memorandum on spill response drills, meetings, and educational programs sponsored by Cook Inlet Spill Prevention Response Incorporated, Seldovia Oil Spill Response, and affiliated oil industry companies. Responsible for planning and organization of Committee and Working Group meetings. Maintain knowledge and expertise in Committees subject areas: Contingency Plan Review; Spill Drill Training; Spill Response; Evaluation of Response Equipment; NOAA Mapping; Pilotage/Navigation; Sensitive Area Mapping; Vessel Traffic; Nearshore Response; Structural Integrity Of Dock Facilities; Platform Integrity; Dispersants; and In -Situ Burning. Legal Associate/Assistant Office Manager Law Office of Brian R. Shute Anchorage, Alaska 07/90 - 08/91 Responsible for in-depth legal research, analysis and writing. Prepared motions and orders for supervising attorney. Assisted in evidence and trial preparation. Utilized the Lexis/Nexis and West Law automated law library system. Conducted client interviews and witness investigations. Assisted in day-to-day management of law practice and TECH*STAR. Travel Sabbatical 05/89 - 07/90 Superior Court Law Clerk Honorable Karl S. Johnstone Anchorage, AI94kka LINDA L. BONEWELL, PAGE 2 09/87 - 04-89 Responsible for extensive research relating to motions before the court. Analyzed position of respective council, summarized case files, cited authorities and prepared memoranda and recommendations for the Judge. Reviewed case files for procedural sufficiency. Reviewed all orders and judgments which were prepared for the court. Reviewed confidential Psychological Reports submitted to Judge for sentencing and revocation of parole proceedings. Prepared written sentencing and revocation of parole recommendations for the Court. Law Clerk Larry Caudle & Associates Anchorage, Alaska 01 /87 - 08/87 Performed in-depth legal research and assisted in preparation of motions and pleadings. Utilized the Lexis/Nexis and West Law automated law library system. Extensive telephonic contact with opposing counsel and clients. Conducted client interviews and drafted client correspondence. Faculty Research Assistant Dean John F. Ensle/South Texas College of Law Houston, Texas 05/84 - 05/86 Supervised a staff of approximately 30 students during drafting and preparation of materials for College of Trial Advocacy. Submitted recommendations on student performance and assisted In grading process. Performed independent legal research and writing on request of Dean Ensle and faculty. Assisted in preparation of motions and memoranda of law. Utilized the Lexis/Nexis and West Law automated law library system. Student Bar Association President 05/85 - 05/86 South Texas College of Law Houston, Texas Responsible for providing leadership in the conceptualization of organizational goals and direction of fiscal and human resources toward goal attainment. Managed day-to-day business affairs of Bar Association Office. Developed and implemented budget. Served as a representative and spokesperson of the Student Bar Association and College at official and social functions. Director Of Student Recruiting 05/79 - 05/81 Hatton W. Sumner's Foundation Brownwood, Texas Developed and coordinated student recruiting program for the Hatton W. Sumner's Foundation. Provided leadership and direction for recruiting staff members. Managed recruiting office and day-to-day business affairs. Responsible for conceptualization and development of new recruiting package and printed materials. Served as a spokesperson for the Foundation. (,.� LINDA L. BONEWELL, PAGE 3 Dispersants, Insitu Burning, & Oil Spill Estimation Seminar - 1993 Hazardous Substance Spill Tech. Review Council Nearshore Response Workshop - 1993 Phillips Petroleum Company Spill Exercise, RCAC Incident Coordinator - 1993 Kodiak EMS Oil Spill Exercise - 1993 40 Hour Hazwoper Training - 1993 USCG Cook Inlet Area Contingency Plan Development Working Group - 1992/1993 ADEC Nearshore Response Working Group - 1992/1993 Environmental Resource Priority Identification Seminar - 1992 ARCO/CISPRI OR Spill Exercise Control Group - 1992 LEPC Shaker II - 1992 IRT On The Water Oil Spill Response Training - 1992 National Oil Spill Control School Certification - 1992 Natural Resource Damage Assessment Seminar- 1992 Kenai Pipeline Company Spill, RCAC Spill Incident Team - 1992 Introduction To Incident Command System - 1991 RECENT COMMUNITY A CIVIC INVOLVEMENT Kenai Peninsula College Council, Appointment 1991 - 1994 Kenai Peninsula Boys & Girls Club, Board Of Directors, 1991/1992/1993 Kenai/Okhra, Sister City Hostess, 1992 Miss Alaska Scholarship Pageant, Men Who Cook Committee, 1992/1993 1993 Miss Alaska Scholarship Pageant, Judge's Committee Chairman, 1993 Kenai Peninsula Governor's Prayer Luncheon Committee, 1993 City Of Kenai Beautification Committee, Garden Task Force Representative For B&G Club, 1993 GRADUATE HONORS & GRADUATE ACTIVITIES: South Texas College Of Law President's Award Who's Who In American Law Schools STCL Bar Association President's Award Phi Alpha Delta Outstanding Member Award & Justice Student Bar Association, President South Texas College Annual Banquet & Awards Dinner, Chairwomen Texas College Of Trial Advocacy (CLE), Case Director & Faculty Assistant Federal Rules Of Evidence (CLE), Student Author & Faculty Assistant Spurgen Bell Moot Court Competition/Fisher Gallagher Mods Trial Competition COLLEGE HONORS & ACTIVITIES: Hatton W. Sumner's Scholar & Honors Graduate Who's Who In American Colleges Mrs. Dallas B. Sherman Award Lyndon B. Johnson Congressional Intern Democracy In Action Leadership Award Phi Theta Kappa, Vice -President Phi Gamma Mu, Phi Chi, Gamma Beta Phi, Honor Member Student Government & Inter -Dorm Council, President Letters Of Recommendation & References Provided Upon Request * Summertime and the Readin' is Easy GREATsMery STUFF �oQR,893 Romance Awareness Month National Eye Exam Month National Catfish Month National Water Quality Month SUN MON TUE WED THU FHI SAT 1 2 3 4 5 6 7 AMEpRIICCAN FAMILY FRIENDSHIP DAY RfiTIOAiRL SMILE $ +EEK ERNIE PYLE COST GUARD DAY MUSTARD DAY HIROSMMA DAY HHFLILb& POINT IR AT IF ANUS WVAJE RED, LORD TEl�IYSON A M. RDT KEY TANANA VALLEY FAIR AUG. 7-iy ------------------ ------------------ ------------------ -------PSYCHIC WEEK------------ ------------------ AT FAIRBANKS 0 9 to It 12 i 4 FAMILY DAY IZZAC WALTON ALEX HALEY g13 p� ELSE DAY ONE MIDDLECHILDREN DONZA BOTTLER DAY* F RY0HF IPpEB ONLY FRIDAY i3 IN 093 V-J OAY f 5 i6 17 to 19 20 21 EDNA FERBER K SCOVEROLD IOY AVi ppppTlONAL DRY KENAI PENINSULA AUGUST FAIR R"ELAXRTION DRY BILL CLINTON 2 at NINN , 21, 22 LCHIK KKtOWALTER �% 25 g 22 23 24 26 27 28ALASKA Kenai Penin- EDGAR LEE MASTERS SCHOOL WOMAN'S ERURLITY DAY t STATE FAIR Palmer -Aug 27 sula Fair STARTSo Sept 6 last day u9i N i n i l c h i k KISS I MAKE-UP DAY BRET HARTE --- -----BE KIND TO HUMANKIND WEEK ---AUGUST 25-31- 29 ++��/� 30 31 *BONZA BOTTLER DAY I YLE�'OING TO W pMYAN Auoust 8 to celebrate when the g LRT DAY number of the days is the same as the number of the month. Bonza Bottler Day is an excuse to have a party at least once a month. Kenai City Council-- 1st & 3rd Wednesdays, 7:p.m. Kenai Library Commission-- 1st Tuesday, 7:30 p.m. Borough Assembly --1st & 3rd Tuesday, 7:30 p.m. KFNA1 Ct1MM11NITY I IRRORY F -- 163 Main Street Loop Kenai, Alaska 99611 (907) 283-4378 Library Hours: Monday through Thursday 8:30 a.m. - 8-00 p.m. Friday and Saturday 8:30 a.m. - 5:00 p.m. Preschool Story Hour: 10:30 - 11:30 a.m. Thursdays enou. C_am-mund3j Ubroxg Est 1949 �enai.,AK_ Library Buzz Some of the Best Sellers available at the library: Fiction bridoes of Madison County by Robert James Waller I`ll Be Seeing You by Mary Higgins Clark "J" is for Judgement by Sue Grafton The Client by John Grisham Non -Fiction The Lbrary is Bigger Than )bu Think. Women Who Run With the Wolves by Clarissa Pinkola Estes The Way Things Ought to Be by Rush Limbaugh Healing the Mind by Bill Moyers and many many more The rental shelves are full of best selling books. Ten cents will get you one of these for a week, with option to renew. COME CHECK THEM OUT! (pun intended) Emily and Linda will be at a library conference August 11-18 in Kalispell, Montana. We will carry on valiantly and the library will REMAIN OPEN while they are gone. Do you have some extra time? Volunteer at the library for a rewarding experience and a real energy burner! NEEDED: A volunteer to read the new magazines as they come in. If you have a couple of hours during the week to spend at the library ask at the desk about this spectacular offer! August 7 is the midpoint of summer: 46 days, 19 hours, 41 minutes of summer will have elapsed at 8:41 a.m. ADT. That amount of time remains until 4:22 p.m., September 22, 1993 when the autumnal equinox occurs and summer officially ends. Council present: Measles, Swarner, Bookey, Smalley, Williams and Monfor. Council absent: McComsey. Planninq & Soninq Coamission present: Geocke, Bryson, Bannock, Pierce. Townsite Historic Taz Force present: Meeks, Tromblee, Arness, McCard, and Malston. Staff present: Freas, La Shot, Manninen, Harvey, Graves, DeForest. Others: Clarence Ladd, Ethel Claussen, M. Targonsky, Dick Mueller, Linda Bonewell, Sandra and Paul Vozar, Bob Cowan, Tom Tomrdle. Others not identified. Bryson stated the Commission's work reviewed recommendations from the Task Force. Bryson added the National Trust for Historic Preservation made some recommendations of what a proposed commission should include. Bryson added from the Commission's perspective, they felt the Trust's recommendations for a commission were generic in comparison of what the Kenai Municipal Code defines as a commission. Bryson stated he was concerned another board/commission would add another layer of government with which the public would have to deal. Bryson added the Commission had no problem with receiving comments from the group, however, they did not want it to add two to four weeks to the length of time it takes to go through the steps for development in the Townsite Historic Zone. Dorothy McCard stated a commission is required by the Trust in order to be a certified local government. Arness stated he spoke with the National Trust and defined a commission by the Code and they stated they believed a board would be fine. Arness added the board would not be there to make another layer of government to circumvent or parallel the Planning & Zoning Commission. -^ Williams asked if it could be a sanctioned board that would answer to the Planning & Zoning Commission. Arness stated the board would be involved in the permitting process and meet only JOINT WORK SESSION JULY 13, 1993. PAGE 2 two times a year. However, if a project was created, they would have additional meetings. Arness stated it would be stipulated that if a construction permit is requested in this zone, the permitting process would go through as before, however the board would review it and forward its comments to Planning & Zoning. Arness added the Board would answer to Planning & Zoning. Arness added the local government certification is needed to acquire certain grants. Arness added the terminology is that of the National Trust. The wording needs to be in the City's ordinance to satisfy the Trust that Kenai is a certified local government. P&Z would have the authority to overrule or disregard the Board's comments. Approval from the Board would not be needed to acquire a building permit. The Board would just have the opportunity to reviews the building projects. Williams asked how P&Z felt about having a subcommission or sub - advisory board. Geocke stated he had no problem unless there are .� delays to someone who wants to build because the Board could not get together. Geocke added if the Board could handle the review, he thinks it would be great because it is a different outlook than that of the P&Z Commission. Commissioner Bannock stated if the Board is needed in order to get federal grants, etc. then he sees a need. However, in absence of that, he does not see where it would be an answer either way. Williams asked Council their views of seating a board subservient to P&Z. The Board's primary objective would be to acquire the designation in order to receive federal grants. Smalley suggested before establishing the board, a letter be sent to Judy Bittner (National Trust) outlining the City's intentions and see if that meets their criteria. Smalley stated he supports the P&Z Commission. Bookey stated it is needed in order to do anything. Swarner agreed. Monfor agreed. ACTION: Administration was asked to prepare the basic criteria for the Board and how it will work along side the P&Z Commission. This criteria should then be forwarded to Bittner for her review and comment. JOINT WORK SESSION 17 JULY 13, 1993 PAGE 3 Arness suggested another consideration be made: Does Council really want to do this. If it's a designation in name only and there is no real intent to do anything in that particular area, he suggested eliminating the Historical Zone and go back to the regular zone. Williams stated he did not think they wanted to do that. Williams added he is concerned of how much the Board would desire to keep their group together. Williams added Council would not be involving itself in that work. Maps included in the packet were reviewed and found to be the incorrect map of what was suggested by P&Z. Their map included in the zone the Fish & Wildlife buildings, cemetery, church, chapel, area south of the chapel ending at Channel Creek. Tromblee did not feel the Commission's area was large enough. Sandra Vozar (owner of Toyon Villa Apartments and RV Park) stated she and her husband have lived in Old Town since 1974 and has not seen a large amount of development in the area since then. Vozar stated she did not want to be included in the zone. Vozar stated she was speaking for Wayne Cherrier that he did not want his apartments included in the zone either. Vozar stated they did not want to be restricted as tightly as is proposed. Vozar added the zone is restricting a lot of property owners in the area as they are unable to sell the property... it is not marketable with the restrictions. Vozar stated Old Town should include the cemetery and church. Williams stated they did not want to disrupt the use of the area. Williams stated his vision of the zone is to guide what they want to see, as well as the structure design. Monfor stated the whole bluff area was Old Town. This is the historical part of Kenai. Ton Tomrdl• - Stated he came to P&Z in order to build a structure in Old Town. Tomrdle stated he did all the steps as he was required. Bob Cowan - Objected to his property being put back in the zone. Bryson explained the zoning in the whole area is still Townsite Historic. Bryson added the idea was to provide more restrictive JOINT WORK SESSION JULY 13, 1993 PAGE 4 requirements in the area remaining. Williams stated the zone as defined now speaks to structures, but not items like RV parks that do not require a building permit. Cowan stated with the RV park in the area, his building is no longer historical. Cowan stated he did not have a problem with the P&Z boundary as long as his property was not included in it. Williams stated there are three boundary proposals: (1) covers the entire area; (2) P&Z's proposal (only takes the portion to the west of the vertical line that jogs down to the bluff); (3) Task Force proposal. Arness stated there have not been any changes the Code since 1987 and the boundary has not changed since then either. The Task Force, after review, felt the existing boundary coming through Overland was too small. The Task Force also felt the tideland area should be included to tie the section together. The Task Force included area that went to the east to include the old Kenai Joe's area and Clarence Ladd's property. The Task Force felt those areas were representative of the type of structures that were either existing or they would like to have built in the future. When the Task Force met with P&Z, it was suggested that instead of stopping at Cook Avenue that it be expanded to go higher. The Task Force stopped it at Cook Avenue to the south and to the east, but it was suggested that it should go to Highland because there are some existing properties in there that are representative of what they want. (Task Force suggestion was to take everything in the purple area (on map], all the way to the beach, including the low lands and perhaps the triangle jog up in the area. Essentially, cutting out just the top of the existing area.) Bryson stated of the members of P&Z attending at this meeting, they had no problem including the beach area, the spit and the bluff in the zone. M. Targonsky - Stated that before the zoning area was set, the area was a conservation area and there was no development in the area. Cowan suggested the land owners be surveyed in regard to the zone changes. Williams stated there will be a public hearing for the JOINT WORK SESSION JULY 13, 1993 PAGE 5 ordinance. Vozar stated information should be sent to the property owners to explain the ordinance. Dick Nueller - Owns property outside of the zone and the change would not affect him directly. However, Mueller believes all government interference delays development. Bannock explained Mr. Tomrdle came before P&Z with a plan, but because of the wording in the ordinance, P&Z could not allow the development. Tomrdle's plan was to build a metal building. The Code states no metal buildings. Geocke stated he was involved with the Task Force prior to becoming a Commission member so has discussed both sides of the issue. Geocke stated at no time was it meant to restrict development. They wanted to have guidelines to lend a more historical flavor to development in the area. 'IT . Monfor stated Council struggled with the Townsite Historic for ten years. At no time have there been property owners without buildings on their property come to Council or meetings about this. Cowan stated he has never been contacted about any meetings. Cowan stated an auxiliary or Old Town Property Organization to give opinions. Williams suggested prior to an ordinance being brought to Council, a copy of the ordinance with boundary information be mailed to property owners for their review. Public hearing date information would be included as well. An amendment to the ordinance could be made at the public hearing to include comments by property owners who come to the public hearing. Smalley suggested all three options be included in the mailing. Vozar suggested information be included about grant funds that may be available. Williams stated grant monies are nebulous. ACTIONS Administration to put together a three -page map, along with ordinance and public hearing information to be sent to all property owners in the Old Town area. The maps would include one showing the west side, one the east and west combined, and one showing the option of the boundary going up and around. Option 1: P&Z recommendation to the west, including the beach below the bluff. JOINT WORK SESSION JULY 13, 1993 PAGE 6 Option 2: Task Force recommendation, one boundary. Option 3: Two boundary. Monfor asked about when Council put on hold the realignment and paving of Mission Street. What is happening with that now in this process. La Shot stated the project was put on hold pending how these discussions end. La Shot added the project has been recommended for ISTEA funds. A copy of the ordinance, copy of the maps, and announcement of the date of public hearing will be sent to all property owners in the affected area. DISCUSSIONLORDINANCE: a. Multi -Family Structures Bryson stated the Commission would like to have multi -family dwellings included in the zone. The Task Force removed them from the zone. The Commission suggests the ability to grant conditional use permits to allow 2, 3&4, and 5&6 multi -family dwellings. Arness stated there is nothing historical about multi -family buildings in Kenai. The Task Force wants to limit the area to smaller structures. They do not want a lot of people living in the area. Arness added this should be to the benefit to the existing multi -family structures. This would zone out competition to the existing structures. Williams stated if they are zoned out completely there may be some legal problems. Conditional use permits may be need to be available. Williams stated the multi -family structures are restricted by square footage of lots. Geocke stated persons could pool their properties in order to build multi -family structures. Arness stated there are approximately 25 vacant lots that are too small to use (Mission, Overland and Upland area). Hypothetically, the property could be resurveyed or grouped to make 12 useful lots and multi -family structures could be built there. Arness added their concern is the amount of people occupying the area and the amount of available space. JOINT WORK SESSION JULY 13, 1993 PAGE 7 Smalley stated there are people in the Old Town area that will be affected if the boundaries are changed, etc. and will restrict them from development. If someone purchases the property now, and the zoning changes, they may not be able to develop the property as they had planned. Smalley stated his concern about liability of the city. ACTION: Williams suggested the zone be set up for duplexes now and have Attorney Graves check into the liability aspect. Measles stated the area already has the restrictions. Some of the restrictions will be relieved. Swarner disagreed with Smalley. Bookey stated the smaller the zone, more restrictions should be included. The larger the zone, the less restrictive it should be. Bookey added he would be in favor of six-plexes if they are on a large enough area. Information sent to property owners should include whether to allow single family or multi -family structures -- to a maximum of six-plexes. b Review Process Arness stated the Task Force indicate and request the Board be involved in the review process. The Task Force left that up to the Council. However, they feel a stipulation should be included that the Board has two weeks to make its recommendations to P&Z. P&Z would take the Board's comments into consideration. If the Board does not make its recommendations to P&Z by its next meeting, P&Z goes ahead and makes its decisions without the Board's comments. Arness stated it was his personal opinion this would alleviate any concern about another layer of government. Bannock and Bryson suggested the definition of when the Board is to act should stated "as needed" or eliminate it. The Board will meet one hour before P&Z meetings to review A matters of TSH nature. Information regarding development in the TSH zone will be mailed out to the Board at the same time the P&Z Commission packet is sent to the Commission. The person applying JOINT WORK SESSION JULY 13, 1993 PAGE 8 to develop in the TSH zone should be available to speak before both the Board and the Commission to answer any questions. o:. metal Buildings Bryson stated metal buildings should be definitely added to Page 3 of the P&Z proposal, (3)(a). Bryson suggested it be better defined, i.e. metal sided or metal structure, etc. Administration is to work on the language and allow complimentary metal buildings but disallow square, ragged -edged or quonset but metal buildings. d. U mbership of Board Arness stated the National Trust suggests five members to the Board. Williams stated the Kenai Municipal Code states membership of boards, committees and commissions to be seven. Membership to be seven. Williams added persons who wish to serve on the Board should contact City Clerk Freas for the appropriate application. _q..L Ordinance preparation The ordinance with map should be ready for introduction at the September 1, 1993 Council Meeting. The public hearing should be for the September 15, 1993 meeting. ADDITIONAL ACTION: Administration to review comments of the National Trust for consideration in regard to preparation of the ordinance and maps. ADJOURNMENT: The work session ended at approximately 9:10 p.m. Min es transcri2t and submitted by: Caro L. Fre s, 'City - Clerk KENAI PLANNING i ZONING COMMISSION 71 July 14, 1993 - 7:00 P.M. City Hall Council Chambers *Amended A a. Kathy Scott - Cheap Tow 5. PUBLIC HEARINGS a. Res PZ 93-29: Encroachment - Rogalsky - Kiel S/D b. Res PZ 93-30: Sign Variance - Kenai Baptist Church 6. PLANNING a. Res PZ 93-28: Replat - Petersen S/D No. 3 b. Res PZ 93-31: Home Occupation - Donahue c. Landscaping/Site Plan Review - Kentucky Fried Chicken d. Res PZ 93-32: Kiel S/D Addition No. 1 7. N19W SUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 10. REPORTS a. City Council b. Borough Planning C. City Administration KENAI PLANNING % ZONING COMISSION July 14, 1993 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman MINUTES 1. ROLL CALL Members present: Duane Bannock, Phil Bryson, Ron Goecke, Carl Glick, Kevin Walker, Charlie Pierce Absent: Lori McComsey (excused) Also present: Councilman Hal Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Asst. The agenda was amended with the following addition: 6 d. PZ Resolution 93-32: Kiel S/D MOTION AND VOTE: Walker MOVED approval of aqenda as amended. Goecke SECONDED. PASSED UNANIMOUSLY. 3. APPROVAL OF MINUTES - June 23, 1993 MOTION AND VOTE: Goecke MOVED approval of minutes and asked for unanimous consent. Walker SECONDED. PASSED UNANIMOUSLY. a. Kathy Scott - Unable to attend 5. PUBLIC BEARINGS a. Res PZ 93-29: Encroachment - Rogalsky - Kiel S/D La Shot reported that the encroachment is a house that is 1.3 feet from the property line and the eave actually overhangs the property line. This house has sold several times and the encroachment has never been caught. The owners are willing to nip off the eave of the house and install a fire wall to meet the building codes. sja Shot recommended the Commission pass a temporary encroachment permit for a time to be stipulated or until the plat is filed for Kiel S/D No. 1. Bryson opened the meeting to public hearing. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 2 ' I4 Kathleen Foster, with Heritage Real Estate and I'm here representing Ron and Debbie Rogalsky, my address is P.O. Box 2505, Kenai. We're asking for a variance into the setback lines on this lot. The house is, as Jack said, a foot and a half from the property line. The eave extends over approximately six inches. And we had asked, originally, to resubdivide that lot line to put the house in back, in its original 15 foot setback where it should be. But the adjacent property owner wanted us to get permission from his mortgage company whose in Texas and we did try that and they haven't responded to us at all. We have an approved loan for the buyer on this house and their loan is only good for a certain amount of time, their approval. And we thought the quickest way to get this done is to cut off the eave, so it doesn't encroach over the lot line; firewall that side of the house so that it met all the building codes; and then ask for a variance. So everything just stayed the same that it was, except the house would meet all the codes. Bannock, Ms. Foster your referring to a variance, what kind of variance would you like? Foster, well that's what I was told we needed to ask for, to allow the house to remain encroaching in the setback. Bannock, what we have in front of us is an encroachment permit, so I think that's the right word to use, rather than a variance. Bryson, we have a proposed plat before us. Is that something that was initiated before? Foster, right that was something we were trying to do first. But we haven't been able to accomplish that. Bryson, at this point you're requesting an encroachment permit that would be a continual thing. Foster, this house has been in this spot for 21 years and it has sold, this is the fourth time it has sold, with this exact same problem. It's just that this lending company is the first one that has caught it. It just never has come to light before. Bryson, are there any other questions? Bannock, if the encroachment permit was to pass than, would we be shelving PZ 93-32? Foster, yes. KENAI PLANNING AND ZONING COMMISSION July 14,. 1993 - Meeting Page 3 Bryson, other questions? Thank you. Are there other persons who would like to testify on this item? Foster, we have the adjacent property owners here, they came just to let you know they have no problems with, not the subdividing, but fire walling that side of the house and cutting the eave off. Bryson, would they like to testify to that effect? We are in public hearing now so if you'd like to add something please come to the podium and state your name and address. Ray Husby, I'm Ray Husby, co-owner with Vicki Schillam. The home the way it is right now, there is no problem as far as we are concerned as far as an encroachment on our property. Huh, we're eighty feet from the existing home and as far as the firewall is concerned it's kind of ridiculous to put a firewall up. We'd have to have a permit to let anybody build a structure so close to the property line. But, as far as we're concerned there is no problem. We have a well that is right directly on the property line. It's been there and I don't know if its on the existing plat, but if you have any questions . . . Bryson, does anyone have any questions? Apparently none, thank you sir. Other persons that would like to testify? Hearing and seeing none, I bring it back to the Commission for action: END VERBATIM MOTION AND VOTE: Goeoie, MOVED to reaomend approval of Resolution PS 93-29. Glick SECONDED. Bannock Bryson Glick cioaok• waikar mccomsey Pier . YES YES YES YES L YES ABSENT YES MOTION PASSED UNANIMOUSLY. b. Res PZ 93-30: Sign Variance - Kenai Baptist Church LaShot reported that the Church wishes to install a bulletin board type sign, the code reads that such a sign should be limited to 32 square feet. This sign is about 60 SF. Bryson introduced the item and opened the meeting to public hearing. W ,^ KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 4 VERBATIM Bill Milewski, POB 4478, here in Kenai. It has on there, that I'm the pastor, but I'm not the pastor, I'm the trustee at the church, First Baptist Church. We, ahh, about a year ago I had checked with Howard Hackney about the sign. We checked with the size and everything and gave him the plans and everything. At that time I thought it was okay. Evidently he had looked at the wrong side of the road. And I found out we were in residential when I was in the other day. And that's the reason, we need a sign variance. I'll answer any questions, I don't know exactly what the answer is, it's 5 by iZ two -face sign, it's a marquee, I call it a marquee, lighted sign, First Baptist Church across the top, blue background with white letters, with four changeable columns. The letters are eight inches in height we set off, to the church it's about a mile from the visitor center going out north, just past Larry's Club to the left on the bend. And we sit down in a valley, about ten or twelve feet below the road surface of that curve right there. And we have to be 150 feet, as you can see by that plat I gave there, is the right-of-way. And the sign as proposed will be about 60 feet from the front of the building there. Which will put us well within, and out of reach of the ROW easement. Bryson, thank you. Are there any questions from the Commission? Apparently not. Other persons that would like to testify on this items? Hearing and seeing none I would like to bring it back to the Commission for action. NOTION AND VOTE: Bannock, MOPED to recommend approval of Resolution PS 93-30. a000ke SECONDED. Discussion: Walker asked for an opinion of possible conflict of interest. He stated his wife was a member of the church and works at the church. Bryson said it was the Chairman's opinion there was no conflict. Sannock: By oa:. Pierae YES YES YES YES YES ANSEMT YES MOTION PASSED UNANINOUSLY. 17 KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 5 6. PLANNING a. Res PZ 93-28: Replat - Petersen S/D No. 3 Bryson introduced the item as a tract of land that was added on to by Arness who purchased the land from the City of Kenai. The Commission had seen this development several times. This replat is dividing the property into two lots. MOTION: Glick, MOVED to recommend approval of Resolution P8 93-28. Walker SECONDED. Discussion Bryson commented that this plat may be bi-sected into two separate zones if the zoning is changed in this area. Bannock Bryson: Glick Goecke Walker. MCComsey Pieraw. YES YES YES YES Yu ABSENT YES MOTION PASSED UNANIMOUSLY. b. Res PZ 93-31: Home Occupation - Donahue La Shot reported that the applicant wishes to run a small consulting business out of his home in Basin View Subdivision. It is a RR zone, and he proposes to use approximately 132 SF of a 2800 SF home. The criteria appears to meet KMC requirements. MOTION: Walker, MOVED approval of Resolution P8 93-31 and asked for unanimous consent. Goecke SECONDED. MOTION PASSED uNANINOusLY. c. Landscaping/Site Plan Review - Kentucky Fried Chicken La Shot reported that he had not had a chance to review the plan. He suggested if the Commission approved the plan they might want to make approval contingent on the City Engineer and Building Official's review and approval. Neal Hayes, LPS Builders, explained that this development will be next to the Pizza Hut. The landscaping will consist of two curbed areas in the parking lot with a total of 300 square feet (SF) in each area. They will be planted with grass and small evergreen shrubs as shown on the plans. In front of the building, KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 6 paralleling the Spur Highway will be two landscaped areas with approximately 1400 SF. All landscaping will be done in a professional manner in accordance with the regulations. Goecke abstained from this item as he was the owner of record of the property. MOTION: Walker, MOVED to recommend approval of Landscaping/Site Plan Review for Rentuoky Pried chicken subject to Administrative review and approval. Glick SECONDED. Bannock Brypoa: Glibbk:.. Goeaie..: V*2-X-,=-: Pima YES YE8 YES ABSTAIN YES ABSENT YES MOTION PASSED. ONE ABSTENTION. 6d. Resolution PZ 93-32: Kiel Subdivision Add. No. 1 La Shot felt it was appropriate to approve the plat because he felt it was the best long term solution for this encroachment situation (PZ 93-29). MOTION: Walker, MOVED approval of Resolution PS 93-32 and asked for unanimous consent. Goecke SECONDED. There was no discussion and no objection. MOM PASSED 0DOZVOUSLY. 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) • • � _ _�. � to .�; _i;r _1 _ La Shot reported that there was a lengthy list of items. Staff had provided a table (attached) with each item listed and reported on the following: Coyle - Has been contacted several times and has not responded. The sign will be removed by the City if there is no contact. One Hour Photo Sign - has been moved several times. The Legal Department is handling this. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 7 Rainbow Bar Sign - The owner contacted La Shot to tell him he was taking it down, hasn't been removed yet. Baker duplex in Oldtowne - He talked to the Building Inspector about the validity of the building permit. If it has expired he'll have to get another review from P&Z. There may be problems with the building being in FDIC hands. Quandt property - They have removed 60+ cars. They are still waiting for a car crushing machine to arrive. The City has not changed their stance with the State. Goecke mentioned that Coyle's Landing may be in non-compliance because Sue Wright is not living in the residence. That is a requirement of the B&B code. Walker asked if the sign was indeed in the right-of-way (ROW). La Shot had talked to the State and they had verified that the sign was in the ROW. a. City Council Councilman Smalley reported on agenda items. o Funding has been approved for the design phase of a new Animal Shelter. o The City is still attempting to get funding for the new fire truck. o Set the hearing for Board of Adjustment for Mary & Jack Keck. La Shot reported that the owner has withdrawn the permits for this activity and will conform to the code. o The City is working with Carrs to explore the feasibility of placing a wall between Carrs and the Bernie Huss Trail. The exercise facilities in the park have been destroyed. o The City is also considering the purchase of an Auto -Cad system to assist in development of water and sewer crossings under the Spur Highway. b. Borough Planning Bryson reported that two plats within the City had been approved: Kim Addition, Evergreen S/D; and Petersen No. 3. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 8 The Borough has identified a source of gravel near Fall Creek which will aid in the up -grading of East End Road. The Borough has been looking at making this gravel available for this project. Walker asked if the Borough was working on an Ordinance to replace 21.12? Bryson said they were working on one which would work on a conditional use permit basis. The Assembly is providing impetus for this. C. City Administration La Shot reported that Kathy Scott had called expressing concerns about the Cheap Tow operation near Beaver Loop. Scott couldn't attend the meeting. That is a commercial zone and the ordinance regarding junk vehicles does not apply to businesses. La Shot welcomed ideas or comments on this item from the Commission. Walker suggested that the City may be able to require a fence to obstruct the view of these vehicles from adjoining property. La Shot said the requirements are in effect in the Central Commercial zone, this is a General Commercial zone. He felt it might be appropriate to add this by Ordinance to all Commercial zones. Bannock said Soldotna has an Ordinance which requires paved parking lots for Commercial activities. This may be an answer for these types of problems, because the cost of paving would be prohibitive for some smaller businesses. La Shot asked the Commission to review the maps staff had prepared for the TSH Rezone. The Commission concurred that these maps where the intent agreed upon at the recent work session. ,r i Bannock thanked the Council for the large attendance at the Townsite Historic Work Session the previous evening. He also thanked Staff and the City Clerk for preparing the back-up documents for this meeting. Walker expressed concern over campers on the beach. He asked that the Administration keep track of this situation. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 9 Pierce thanked the Council for confirming his placement on the Commission. Smalley also complimented the Staff and Clerk for the wonderful job they did putting together the TSH material. He also welcomed Pierce to the Commission. There being no further business the meeting was adjourned at approximately 8:00 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant t�j 7 C r-I E-f w tr r-I ON to O •N 0.5 NN 3•,4 0 C 0 0% 'O ON 4.) > CO :.) 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Res PZ 93-35: Encroachment - Erwin 6. P a. Res PZ 93-32: Home Occupation - Bel (The Greenery) 7. NZW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITMW a. Coyle's Landing — Violation of B&B Code 10. REPORTS a. City Council b. Borough Planning C. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFOBMION ITUS Townsite Historic Work Session - Minutes �l • ill_ :� KENAI PLANNING i ZONING COMMISSION July 28, 1993 - 7:00 P.M. city Hall Council Chambers ***KINMM*** 1. BOLL CALL Members present: Phil Bryson, Duane Bannock, Ron Goecke, Lori McComsey, Charlie Pierce, Kevin Walker Also present: Jack La Shot, City Engineer Kathy Viall, Administrative Assistant . 't I #We) Bryson - Are there any changes for the agenda? Hearing none I entertain a motion for approval of the agenda. MOTION Goecke - I recommend approval of the agenda as submitted. Walker - I will second with the addition of item 9a as being added to the packet. Permission to make a Motion. Bryson - That's appropriate. Any discussion, any objection, hearing no objection MOTION PASSES. 3. APPROVAL OF MINUTES - July 14, 1993 Bryson - Are there any corrections, additions, or deletions for the minutes of July 14, 1993? MOTION Goeke - I recommend approval of the minutes of the July 14, 1993 meeting and ask for unanimous consent. Walker - I second. Bryson - Motion for unanimous consent as presented. Discussion on Motion. Any objection to the Motion? MOTION PASSED UNANIMOUSLY. None. 5. PUBLIC HEARINGS --� I a. Res PZ 93-33: Encroachment - Remax KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 2 Bryson - Is there a staff report on this? La Shot - This is for Lot 4, Block 3, Thompson Park No. I subdivision, it's in a RR zone. It involves an existing duplex that's in the process of being sold. On the one side yard for that zone there's a 15' setback called for the duplex is 9.7' from the property line so we have a 5.3' encroachment on that side. On the side adjacent to the street, since it's a corner lot, you have 25' setbacks on both sides adjacent to the street. One side is 24.8' so that's a .2' encroachment on that side. All of the conditions, requirements, in the code appear to be met for issuance of the encroachment permit. PUBLIC HEARING Bryson - Thank you, are there any questions for staff before opening the meeting for public comment? At this time we will go into public comment on this item. Is there anyone that would like to testify on Reso. PZ 93-33? Hearing and seeing none, I'll bring it back to the Commission for action. MOTION Bannock - Move for approval of PZ 93-33. Walker - Second. Bryson - Discussion on the motion. Goecke - Is Remax the owner of record on this or do we know who the owner is? Bryson - There is a representative from Remax here, Dave, the question was does Remax own the parcel or are they agents? Dave Feekan - The parcel is owned by the U.S. Government. Bryson - Other questions? Walker - This is one of the older dwellings, is it not. Feekan - (nod). Bryson - The public hearing is now closed. The maker of the motion and the seconder re -acknowledge the motion as stated previously. Bannock - Yes Goecke - Yes Pierce - Yes McComsey - Yes Glick - Absent Walker - Yes Bryson - Yes KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 3 Bryson - MOTION PASSED UNANIXOUSLY. b. Res PZ 93-34: Encroachment - Erwin and c. Res PZ 93-35: Variance - Erwin Bryson - Staff report. La Shot - This is Lot 9, Block 4, Redoubt Terrace subdivision. Actually there are two parts to this. one being an encroachment permit for an existing structure and the next would be the variance for one that's planned. We'll take the encroachment first. In the RS zone for two story dwelling calls for 15' side yard setback. The house is within 7.3' on one side which creates a 7.7' encroachment. All the other conditions appear to be met. PUBLIC HEARING Bryson - At this time I would like to open the meeting up to public comment for this Resolution PZ 93-34. Audience - (Mrs. Erwin) It is my understanding that the encroachment is (inaudible). Bryson - Would you like to come and testify? Audience - (Mrs. Erwin) I just want to verify that, we're supposed to be 10' from the property line? La Shot - For that zone, a two story house, it's 151. Bryson - 5' for single family, 15' for a two story structure in that zone, side setback. La Shot - 10' for a story and a half, if a daylight basement. Audience - (Mrs. Erwin) That's what we have. La Shot - It is a daylight basement? Audience - (Mrs. Erwin) Yes. Bryson - Duly noted. Is there anyone that would like to testify. seeing none we'll close the public hearing and bring it back for Commission comment. Art Gravely - I have a question Mr. Chairman. Is the public hearing for both the encroachment and the variance, or just the encroachment. KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 4 Bryson - Jack is there a public hearing required for the variance? La Shot - (nod). Bryson - At this time I would like to invite comments on both items. Art Gravely - 1612 Fathom Drive, Kenai. Commissioners, I would like to address the encroachment that exists at this time. I urge you to approve that encroachment as it sits now. There is an encroachment (inaudible) it's been there for quite some time, uh, a lot of these buildings were built back in the late 19601s. Some of them were pushed to the corner of the lots or up against the encroachment lines, the lot lines, and I think there has to be some (inaudible) for these older buildings. In regards to the uh, I would also like to address the variance and the applicants applying for it, for a couple of reasons. My wife and I have ben Kenai city residents for in excess of 15 years, or 17 years, and we have resided at our current address for over 14 years. We have known the Erwin family for 17 years and know them to be upstanding characters and excellent neighbors as well as being an asset to the community. I currently believe any construction which they wish to perform will be of excellent design and quality. Other than the encroachment itself that they would like to have the variance on, the approval on, I would like to see them be able to build their garage extension so they can continue to live and stay in that neighborhood. Most of the homes in Woodland subdivision were constructed in the late 1960's as I stated before, all of them have very small garages which were more of an after -thought than, an attachment, than a garage which makes them almost useless. That's one of the reasons for wanting to expand. I urge you to keep perspective, in the Webster's dictionary, an ordinance is "an authority to decree or direction." I do ask that you give them consideration for their request. Thank you. Walker - I have a question Art. Is that your property they're encroaching, or would be encroaching? Art Gravely - I know their property, they live down the street from us, and there would still be ample room, for instance if there had to be, on the other side of their lot there's a utility corridor. The utilities go down that corridor. The lot, the side they're encroaching on or asking to encroach on (inaudible) is the utility corridor going down on that side. I really can't see where this should bother any future operations in that portion, corridor. Also, should there ever need to be an underground power line or gas line that needed to be run to existing homes, even with the encroachment, there is still room. Pierce - I have a question. You mentioned the utility corridor and KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 5 I don't see that on either of these two pictures here. Do you know which side that's on and possibly how big that utility... Art Gravely - You won't see it on the picture, looking at the picture it would be on the left hand side. It's really, I don't know for a fact that it's really, that I can really say it's a utility corridor (inaudible), I have nothing to base that on other than the fact that I know there are some lines in there. Bryson - I have a question for you Jack, the proposed variance is for the garage side which is a one story building and it's proposed to be extended as one story I believe. Is the City interpreting that as requiring a side setback for a 151, two story? La Shot - The code doesn't differentiate if the side on the, on one side is single story, it talks about the structure. Bryson - I just feel that the logic of the thing with the, would tend to infer that though, that if uh, a house can be two story on one side and one story on the other side as a living condition, which generally represents their impact on their neighbor just in height, and the height issue is a one story on that side. La Shot - I wouldn't disagree with that logic, but the code isn't specific. Goeke - I have a question in that same line, I was thinking of this when I got this packet, I was under the assumption, and I know that there was a, an apartment, but this gentlemen was wanting to put on a carport and was told that the, from lot line, there was a 3' setback on a lot line for a carport and a 5' setback for a garage. La Shot - Uh, I couldn't tell you anything on that. Bryson - I don't know that it addresses carports specifically, it does address eves over hanging property lines. Goeke - It was also the same subject. Bryson - At this time I would like to continue with the public hearing, is there anyone else who would like to testify on this item? Jan Erwin - My husband and I own the property in question. Evidently our house is rated wrong. It's not a two story house, it's a daylight basement therefore, (inaudible) ... La Shot - Is any part of it two story? Jan Erwin - No. KENAI PLANNING AND ZONING COMMISSION } July 28, 1993 Page 6 La Shot - Your as -built does say two story. I guess that's probably where we picked that up. Jan Erwin - We have a daylight basement and a garage. La Shot - We can adjust that in the resolution. Jan Erwin - That's all I really wanted to say. Bryson - Are there any questions for Mrs. Erwin. Is there any one else who would like to testify? Being none I would like to close the public hearings, bring it back to the Commission for action. I would like to keep the two items on separate motions. MOTION Bannock - Move for approval of PZ 93-34. Walker - Second. Bryson - Resolution PZ 93-34 requests approval of the variance from the required, as I read it, 93-34 is an application for variance, is that correct. McComsey - On the agenda it says 93-35, on the application it says 93-34. Pierce - So the numbers are the opposite that's on the agenda. Bryson - Yes. 93-34 is the variance request. Comments? Walker - I have one question, if it's satisfied I would, in fact, be in favor of it. It does state in this resolution, marked PZ 93- 34, that under 4a, special conditions or circumstances are present which are peculiar to the land or structures involved, not applicable to other lands or structures in the same land use or zoning district. I would like to hear some of the special conditions, I haven't seen anything special or unusual in this to require a variance, just based on,the code is pretty clear, it says what the setbacks are. What I'm trying to find out here is what special reasons for using, what are we backing this up with, why are we approving this variance? That's the only question I would like answered. Bryson - Jack, do you have any other comments on that? La Shot - No. Bryson - Does our setback requirements specifically address story and a half structures. KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 7 La Shot - Yes. It's a footnote in the development table. Bryson - Is it in the ordinance? La Shot - It's footnote 1 in the development table; "For structures with a daylight basement the minimum side yard shall be 10' and for structures two or more full stories in height the side yard shall be 151." It doesn't differentiate parts of the building being two story, one and a half story, whatever. Bryson - Just for the record, I would like to acknowledge that it's been testified that the structure is a one and a half story, there's a full daylight basement under the structure, living portion of the structure. Bannock - If the administration is good on the 10' setback, it completely changes my view of the variance permit and I don't know if Jack La Shot is comfortable with changing the comments on here from 15' setback to a 10' setback, it certainly changes this Commissioner's vote on the variance permit. At the 15' setback on both sides I had a problem with doing both of these. At a 10' setback on both sides I don't have a problem. Perhaps, I don't know if we can just "on the record" change the analysis here or if the administration is good on that 10' figure, then I don't have a problem. La Shot - I'll verify that. It is worth considering, like Phil said, the garage will still be one story on that side. The code doesn't differentiate but logic might dictate something else. If it was a one story structure the set back on that side would be 5' and they wouldn't need a variance. Bryson - I just feel that in interpreting, say if it were a two story building, interpreting the requirement for 15' on both sides is, you start talking about, these lots can be developed and these can't with that type of structure and it's a normal architectural layout. Particularly in a curved culdesac situation where the lots are narrowing down half way through the property. Other comments. Duane you didn't really get an answer. Bannock - I think Mr. La Shot answered that subject to verification to that, on the two story versus one and a half story or daylight basement, can we then go ahead scratching 15' to 101? La Shot - Sure. Bannock - Ok, so for tonight's action we're going to use 101. So basically our encroachment just dropped from 7.41, our encroachment just dropped down to 2.41. Is my math correct? KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 8 La Shot - It would be 2.71. Bannock - 314". With the proposed garage we are 718" away from the lot line. On the page titled "Planned Expansion." Pierce - 7.8 or 7.3. La Shot - You have to look at the back corner where it's 611111 , it's a little closer back there. Bannock - Ok, at the bottom of the garage. La Shot - So you're really going to have a 311". Bryson - Are there other comments? Are we ready to vote on this? Pierce - Yes McComsey - Yes Glick - Absent Walker - Yes Goecke - Yes Bannock - Yes Bryson - MOTION PASSED UNANIMOUSLY. encroachment permit, address that issue. MOTION Bryson - Yes Goecke - I recommend approval of PZ 93-35. Walker - Second. In the case of the Bryson - Keep in mind the interpretation of the structure is a story and a half rather than a two story, this being the side that is two story. Comments. Glick - Absent Goecke - Yes McComsey - Yes Walker - Yes Bannock - Yes Pierce - Yes Bryson - Yes Bryson - NOTION PASSED UNANIXOUSLY. This concludes action on Lot 9, Block 4, Redoubt Terrace subdivision. 6. PLANNING a. Res PZ 93-31: Home Occupation - Bel (The Greenery) Bryson - Home Occupation Permit PZ 93-30, is this 30, Walker - 31 on the agenda. KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 9 McComsey - 32 on the form. Bryson - We'll call it PZ 93-32, that's what's on the form. Staff comments. La Shot - H.O.P. at 311 Birch. The applicant plans to sell silk flowers and plants at the location. They have indicated that 500 sq. ft. would be used out of a total 1600 sq. ft., that appears to be less than the 30% requirement for the code. They have indicated that the other requirements are going to be met, that no more than one person is employed outside the family, and that the home occupation be carried on wholly within the principle building or the buildings which are accessory thereto. It appears the conditions are met, my only concern is that it be a fairly low key operation. The intent of the home occupation part of the code is to allow small businesses in the home that normally wouldn't be recognized or be a problem for the neighborhood. I believe the owners are here to answer questions. Bryson - Would you like to make a presentation separate from the application? Audience - (Mr. Bel) We have no presentation but we'll be happy to answer any questions. Bryson - Action by the Commission. MOTION Walker - Move for approval of Reso. 93-32 and ask for unanimous consent. Pierce - Second. Bryson - Motion seconded for unanimous consent, any objection? Discussion on the Motion? Hearing no request for discussion roll call. McComsey - Yes Pierce - Yes Walker - Yes Glick - Absent Bannock - Yes Goecke - Yes Bryson - Yes Bryson - NOTION PASSED UNANIMOUSLY. Walker - Mr. Chairman, I asked for unanimous consent and it was seconded. Bryson - Duly noted. I apologize for that. 7 KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 10 a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) Bryson - Let's check that. This is Charlie See's application for a rezoning, I see no contact has been made with Mr. See at this time. 9. CODE EMORCENIM ITMW a. Coyle's Landing - Violation of B&B Code Bryson - This is just an acknowledgement of action. Staff comment. La Shot - I guess you received a handout on this matter. It's requested that no action be taken on revocation of the conditional use permit. Actually we were just putting it on the agenda for discussion. We've had some comments and some reason to believe that the permit holder for bed and breakfast on Barabara Drive does not reside at that property. You have a letter from her that says she does during the time of operation of the bed and breakfast. Bryson - If there are no further comments on this issue we'll move on. a. City Council - None b. Borough Planning Bryson - Other than the agenda I have nothing to add. Bannock - Mr. Chairman if we could back up for just a second regarding code enforcement items. There is two copies of minutes, dated August 28, totalling four pages, both marked D6. The two marked D6 are identical, the next two noted Page 2 are both marked August 28 and are clearly different pages. Bryson - The staff might want to clarify that for the next meeting. Bannock - Thank you. C. City Administration �A Bryson - Jack do you have anything. La Shot - I have a general comment on code enforcement. I guess KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 11 you noticed the bed and breakfast sign on Bridge Access is gone. I guess it's one of the reasons we have correspondence from the owner. The City removed the sign and it's in our City yard, the owner has 10 days to pick it up before we dispose of it. She has been notified. Bryson - Has she been verbally spoken to? La Shot - We mailed, certified mail, and regular mail, to the same address we used before. We may try some of the other addresses that she says she's at, but that is the address of the business, I assume the bed & breakfast is in operation at this time, she should receive mail at that address. Bryson - Just for the record, a phone conversation with her two days ago she indicated she didn't know where the sign was, apparently it's not reaching her. La Shot - Well at the time you had the conversation the letter may not have reached her yet. Walker - If I may, I notice we had 1412 Barabara Drive her license shows 1401 Barabara Drive. She contacted me by phone as well and mentioned she hadn't received any letters, the only thing I'm curious about, is she going to be able to get her sign back. La Shot - She can pick it up. Walker - It's not something she can walk over and pick up by hand, will the City help her load it or does she need to bring help. La Shot - The City Manager said no. She can have it but we won't take it back. The City Manager told us not to deliver the sign back to her. Walker - I'm not talking about delivering it, if she goes to pick it up will the City help her load it or does she need to bring equipment? La Shot - I don't know, I would assume we would load it on a truck for her. Walker - Is that something I need to talk to the City Manager about? La Shot - It might be a good idea, he told us not to deliver it but he never said anything about loading it. Walker - Can she count on help to load it or should she bring help. KENAI PLANNING AND ZONING COMMISSION July 28, 1993 Page 12 La Shot - I don't have a problem with it, the City Manager does. I believe he had a conversation with her. Walker - I see, I guess I'll have to contact him then. Townsite Historic Work Session - Minutes None IBryson - We stand adjourned, uh, persons present not scheduled. Audience - I assume I got here too late to get in on 93-33 which was, what, the first one. Bryson - Yes you did. That was approved. Audience - Was there any comments made on the off street parking? Bryson - There were none. Audience - That's what I thought. Bryson - We stand adjourned. Respectfully submitted, Kathy Wla1 for L etta Harvey 1791-1991 -0 _ 17 CITY OF KENO I Cdjaiiaj Auka . _ 210 FIDALGO KENAI, ALASKA 9%11 TELEPHONE 283 - 7535 FAX 907-283.3014 • ' 4L�= BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND CO)=SSIONS DATE: 7 - 23 - q 3 NAME: Resident of the City of Kenai? How long? Mailing Address �J�O (5Sl(rn A 'LTelephone No. ��-y88Z Business Address Telephone No. EMPLOYER: Q9V— Job Title NAME OF SPOUSE: ..fie,---k.6m 10 Ice-, Current membership in organizations: Past organizational memberships: CONKITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: -ow.)nnife F- tr�e, Comml-5si( ��"' � 5igna Lure BOARD OF ADJUSTMENT HEARING APPEAL HEARING OF JACK it MARY NECK AND JUNETTA & EDWARD CALL APPEAL OF PLANNING i ZONING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND VARIANCE PERMIT APPLICATIONS OF DADA HANNAH, FOOTEB HOUSE MOVING JULY 211 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ROLL CALL i CALL TO ORDER: The Board of Adjustment was called to order by Mayor John J. Williams at approximately 7:00 p.m. Council present were: Monfor, Measles, Smalley, Swarner, Williams and Bookey. Absent was McComsey. WILLIAMS: This evening ladies and gentlemen, we're going to, the Council's going to set as a Board of Adjustment prior to the meeting, the regular meeting. This Board of Adjustment is a hearing set for appeal by Jack and Mary Keck and Junetta and Ed Call. I don't see the Calls here, but I do see Mary Keck. Ah, as the Board of Adjustment sets, it will set as a quasi- judicial body and will, will run ah, under as strict rules as we can where applicable to the proceeding. We will ask everyone to be sworn in that testifies and the testimony will be given as evidence. We will consider the provisions of the laws and the facts determining the question, whether the situation warrants or requires the relief of which application is made. The Council will have thirty days to render a decision on the appeal. The appeal decision will be written by the City Attorney and if you have any concerns about taking or giving testimony under oath, ah, under pain and penalty of perjury, please inform the chair before we give you the oath or before we ask you to take the oath. With that then, ah, I declare the Board of Adjustment hearing appeal of Jack and Mary Keck and Junetta and Edward Call now open and I ask if there is anyone here that wishes to testify with regards to this matter. Yes. Please come forward and state your name for the record and be sworn by the Clerk. KECK: ,T� Mary Keck. BOARD OF ADJUSTMENT HEARING JULY 21, 1993 PAGE 2 Raise your right hand. 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 under pain and penalty of perjury? KECK: Yes. WILLIAKS: Please proceed. KECK: Well, first of all, I'm the only one here tonight because Jack had to go to Anchorage with our daughter and Mr. and Mrs. Call are in Seattle. She's in the hospital. Ah, I would assume that the Councilmembers have read the original appeal letter that we sent in. Ah, I don't know if you want me just to make a statement or do you have questions. WILLIAKS : Why don't you just go ahead and proceed ah, to offer your side of the story or your statement with regard to the matter so that Council can get a feel for your concerns. KECK: All right. Ah, we appealed it because we, of the objections I stated in the, in ah, in the letter I sent in on June 30th and besides that, I have a couple of other things I would like to add. The first choice of course, to be not to have these complexes put in, but if they must be, I have the following concerns as relates to the impact on Bush Lane Subdivision. Some of these items are in my request to appeal the Planning Commission decision. I would like it, the approval for these apartments to be --�, contingent on a completion date. My concern is that if they are BOARD OF ADJUSTMENT HEARING JULY 21, 1993 PAGE 3 left unfinished, they can draw some undesirable elements to our neighborhood as well as being detrimental to adjacent property values. Ah, Illiamna should be paved and connected with the Spur Highway, I believe. I would like for it to be City street with cleaning and snowplowing service. Otherwise, Cook Inlet View Drive would become the main thoroughfare for these new apartment complexes and as I, as originally submitted, there was sixty units. Ah, sixty units with two adults and two children even would be 240 more people in the neighborhood. They need to have some type of playground for these apartment complexes because there's nothing available in our area. Also, there needs to be adequate parking. We already have a problem on Lilac and Cook Inlet View Drive because there's not adequate parking and in the winter they park on the street and those streets have become a one -vehicle land many times. My other question is will these be low income apartments or just regular, the article, the statement that they made said they would be condos. I don't know what type of condos they're talking about. Also, if Illiamna is to hook up with Cook Inlet View Drive and Lilac, I believe that it should be a four-way stop at least, otherwise, that would become a raceway from Spur Highway, down Illiamna, Lilac, and back onto the highway and we already have a problem with people ah, driving too fast through the neighborhood anyway. They don't seem to believe in the stop signs or the speed limits. That basically is all I have to add to the original appeal letter that I sent in. If anyone has any questions, I will do my best to answer them. WILLIAM : Okay. Just a couple of notes here. Ah, in the cover letter that we received it said that ah, Mr. Dana Hannah, ah, the Footes House Moving applicant for the conditional use permit and the variance permit, in regard to this hearing, has given oral notice to Jack La Shot he will withdraw his permit application and place buildings on the lots which do not require the permits. Ah, if he were to do that, would you be satisfied with the ah... it, it BOARD OF ADJUSTMENT HEARING JULY 21, 1993 PAGE 4 would then take away the need for the, your appeal because he would be doing what is legal under the Code. Ah, what, would you have some major objectives to that? KECK: Yes. The objection I would have to that would be, when does he plan to complete these and what type of apartments are they going to be and also is the street still going to be paved because even if he put in six-plexes, that's still going to add an awful lot of people to that area. WILLIANO: Further discussion from Council? Any questions of Council? All right. Is there anyone else that ah, wishes to be heard during this time at this time regarding this hearing? All right. Seeing none then, the Chair will request that the Administration review all of the proceedings, materials before us for compliance with the Code and various other things regarding the possibilities of time constraints with construction and all the things that normally do. We will have that completed within thirty days and the Council will then, or the Board of Adjustment will then review the matter and render a decision ah, within the thirty day limit. KECK: Okay. WILLIAKS : All right. Thank you very much for coming before us this evening with this matter. With that then, the ah, Board of Adjustment hearing and appeal of Jack and Mary Keck is closed. END OF HEARING. Tra scribed by: Carol L. Freas, City Clerk 7/22/93 r -a AGENDA KENAI CITY COUNCIL - REGULAR NESTING JULY 211 1993 7:00 P.N. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ,o^, B. SCHEDULED PUBLIC CONVENT (10 Minutes) 1. Bill Dunn/Dave Yragui - Redoubt Industries - Kenai Congregate Housing 2. Barry Thomson - Resource Development Council Membership. C. PUBLIC HEARINGS 1. Ordinance No. 1552-93 - Increasing Estimated Revenues and Appropriations by $95,172 in the Capital Project Fund Entitled, "Airport Safety/Security Gates." 2. Ordinance No. 1553-93 - Decreasing Estimated Revenues and Appropriations by $13,975 in Two Senior Citizen Funds. 3. Ordinance No. 1554-93 - Amending KMC 14.20.290 Entitled, "Appeals - Board of Adjustment." 4. Ordinance No. 15SS-93 - Increasing Estimated Revenues and Appropriations by $16,533 in the General Fund as a Result of Receiving Three Library Grants. 17 -1- 5. Ordinance No. 1556-93 - Amending the Kenai Municipal Code by Enacting 23.40.140 and 23.40.150 and Amending 23.40.130 (Family Leave). 6. Ordinance No. 1557-93 - Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. 7. Resolution No. 93-56 - Accepting Eight State of Alaska Municipal Grants. 8. Resolution No. 93-37 - Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. 9. Resolution No. 93-58 - Awarding a Contract for the Construction of the 1993 Kenai Municipal Airport - Airport Security Gates Project to Jahrig Electric for the Total Amount of $209,600.16. 10. Resolution No. 93-59 - Requesting the Kenai Peninsula Borough to Register Vehicle -for -Hire Drivers for the Collection of Sales Tax on Their Fares. 11. Resolution No. 93-60 - Transferring $3,578 in the General Fund for a Computer Aided Design System. • .' . _ • = 74 0_4, * 4 T�a• 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. XINUTES 1. *Regular Meeting of July 7, 1993. uannr• Wit.° A ! :. 2�: -2- 7) 7 H. NEW BUBINEBS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1558-93 - Amending KMC 22.05.040(c) and (d) to Clarify Lessees' Right to Negotiate the Sale of Their Leased Land, at Not Less Than the Fair Market Value, After Leasing the Land for a Two -Year Period. 4. *Ordinance No. 1559-93 - Increasing Estimated Revenues and Appropriations by $4,050 in the General Fund From the Reserve for Athletic Expenditures. 5. Approval - Dedication Plaque - Kenai Courthouse Project. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager E 4 1. Citizens (five minutes) 2. Council KENAI CITY COUNCIL REGULAR MEETING JULY 21, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING BOARD OF ADJUSTMENT HEARING - APPEAL OF JACK i MARY XNC[ AND =1131M AND ED MRD CALL ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:10 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE Ole' ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swarner, Monfor, Measles, Smalley and Williams. Absent was McComsey. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: D-6, Code Enforcement List/Planning. I-1, Mayor's Report Jerry Hanson letter regarding Tree - Planting Grant. I-6, Public Works Director Report - 7/21/93 J. La Shot memorandum regarding Spur Highway Reconstruction - Urban Section. MOTION: Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilman Measles MOVED for approval of the consent agenda as presented and Councilman Smalley SECONDED the motion. There were no objections. 00 ORDERED. KENAI CITY COUNCIL MEETING MINUTES (� JULY 21, 1993 PAGE 2 ITEK Bs BCBEDOLED PUBLIC COIGMT B-1. Bill Doan/Dave Yragui - Redoubt Industries - Kenai Congregate Housing Mr. Dunn introduced himself as the office manager for Redoubt Plumbing and Heating, a division of Redoubt Industries. Dunn stated they were the mechanical subcontractors for the Congregate Housing Project. Dunn stated the City took beneficial occupancy of the building on September 2, 1992. Dunn stated they still have not been paid for their work. Dunn stated the job was plagued with problems from the start. Dunn stated the architect's plans were faulty, i.e. the design phase was not complete before construction began. Dunn added the project administration (architect, Public Works Director, and contractor) did not attend to things fast enough. Dunn stated they were directed to work and perform by construction change directives which were signed by the city and they have not been paid. Dunn stated there have been problems with the mechanical systems. Dunn stated they have not been maintained properly by the city. They have made repairs. They feel the problems arose from inadequate maintenance by the city. Dunn stated they billed the city and Kornelis refuses to pay for the service calls. Dunn stated Kornelis explained the City has not accepted the building. Dunn stated this is the second time they have addressed the Council on this matter. Dunn added they are requesting Council's help, if not to pay them, then to look into the matter. Dunn stated they cannot work for free. They need to be paid. Williams stated Council appreciates Dunn's concern. Williams added Council has reviewed the documents in regard to the matter. Council would like to have the problem resolved. Williams added Administration has been directed to investigate the matter. The matter has been forwarded to the Legal Department. The Council cannot address the matter at this time. Williams added Council is fully aware of the matter. B-2. Barry Thomson - Resource Development Council Membership. 1 Thomson introduced himself as a member of the Resource Development Council, Inc. (RDC) Board of Directors. Thomson KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 3 reviewed the work of the RDC from information included in the packet. Thomson explained the RDC projects are not site specific. They are usually long-term legal or advocacy projects (ANWR education, etc.). Thomson added they provide a forum for public testimony, operate task forces as necessary for wetlands, etc.; have breakfast forums; send out newsletters, worked strongly on the Spruce Bark beetle problem; they have testified on the ANWR issue for many years. Thomson stated Kenai has been a supporter for RDC for a long time. Thomson stated he believed the $1,636 (yearly membership dues) will be recouped by the City many times through the work of the RDC. Thomson requested Council for reconsideration of their decision to discontinue their membership. Smalley asked how many other cities on the Peninsula have discontinued their membership. Thomson stated only Kenai. Swarner stated in years past, the RDC newsletter and flyers regarding the breakfast forums have not been received in a timely manner. Freas stated the newsletters are included in the Council packets. If the advertisements for the Breakfast Forum is not timely by packet distribution, she does not copy them. No action was taken by Council. Williams stated Council was dealing with a tight budget this year. Council was unable to address a Cost of Living Allowance for the employees. Williams added Council feels they are locked into the budget and do not want to break it at this time. Thomson stated he feels strongly about the RDC. Thomson added without resource development to fuel the economy, there is no economy to fuel. Council took no action. ITEN C: PUBLIC HEERINGB C-1. Ordinance No. ISS2-93 - Increasing Estimated Revenues and Appropriations by $95,172 in the Capital Project Fund Entitled, "Airport Safety/Security Gates." MOTION: Councilman Bookey MOVED for approval of Ordinance No. 1552-93 and Councilman Smalley SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 4 VOTE: Bookey: Yes Measles: Yes Williams: Yes Swarner: Yes Monfor: Yes McComsey: Absent Smalley: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1553-93 - Decreasing Estimated Revenues and Appropriations by $13,975 in Two Senior Citizen Funds. NOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1553-93 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Bookey: Yes Measles: Yes Williams: Yes Swarner: Yes Monfor: Yes McComsey: Absent Smalley: Yes NOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1554-93 - Amending KMC 14.20.290 Entitled, "Appeals - Board of Adjustment." MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1554-93 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: Bookey: Yes Measles: Yes Williams: Yes Swarner: Yes Monfor: Yes McComsey: Absent Smalley: Yes 17 MOTION PASSED UNANIMOUSLY, KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 5 C-4. Ordinance No. 155S-93 - Increasing Estimated Revenues and Appropriations by $16,533 in the General Fund as a Result of Receiving Three Library Grants. MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1555-93 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1556-93 - Amending the Kenai Municipal Code by Enacting 23.40.140 and 23.40.150 and Amending 23.40.130 (Family Leave). MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1556-93 and Councilman Smalley SECONDED the motion. There were no public comments. Swarner asked what would happen if the City did not go through with this code amendment. Attorney Graves stated the City must comply even without the ordinance. The family leave matter is a federal mandate. VOTE: Bookey: Yes Measles: No Williams: Yes MOTION PASSED. Swarner: Yes Monfor: Yes McComsey: Absent Smalley: Yes C-6. Ordinance No. 15S7-93 - Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. 7 KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 6 NOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1557-93 and Councilwoman Monfor SECONDED the motion. There were no public comments. Monfor stated she remembered in a budget work session, Council decided to order the fire truck and pay for it later. Williams agreed, but explained the City cannot incur debt. If payment is delayed until 1995, that would be incurring debt. The truck will be paid for upon delivery in April, 1994. Williams added he intends to speak with the legislators regarding this matter. Williams stated he has discussed the matter with Representative Navarre and he is willing to list the purchase of the truck in his discretionary funds list. However, it is not known if the Governor will allow it or not. Williams added there is a question of whether there will be capital funds available this year due to litigation filed by the senate leadership in regard to settlement money expenditures. VOTE: Bookey: Yes Swarner: No Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-7. Resolution No. 93-56 - Accepting Eight State of Alaska Municipal Grants. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-56 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Swarner asked who is the Emergency Medical Services on the list. Chief Burnett stated the Fire Department filed a grant for the defibrillators on their own and received the funding. VOTE: There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 7 C-8. Resolution No. 93-57 - Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. NOTION: Councilwoman Monfor ROVED for approval of Resolution No. 93-57 and requested UNANIMOUS CONS'. Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-9. Resolution No. 93-58 - Awarding a Contract for the Construction of the 1993 Kenai Municipal Airport 1-1 - Airport Security Gates Project to Jahrig Electric for the Total Amount of $209,600.16. Councilman Measles LOVED for adoption of Resolution No. 93-58 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-10. Resolution No. 93-59 - Requesting the Kenai Peninsula Borough to Register Vehicle -for -Hire Drivers for the Collection of Sales Tax on Their Fares. NOTION: Councilwoman Monfor MOVED for approval of Resolution No. 93-59 and requested UNKNIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 8 C-11. Resolution No. 93-60 - Transferring $3,578 in the General Fund for a Computer Aided Design System. MOTION: Councilman Smalley XOVBD for approval of Resolution No. 93-60 and Councilman Bookey BBCONDSD the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERBD. ITEM D: COXXI88ION/COXXITTBB REPORTS D-1. Council on Aging Swarner reported the minutes of the Council's last meeting were included in the packet. Swarner encouraged Council to review the grant funding information included with the minutes. Swarner added funding from the Older Alaskan's Commission and United Way have decreased. Williams discussed Alaska Housing Finance Corporation loans for the purpose of developing housing projects. Williams suggested these loans could be investigated in the future in order to add 20 units to the housing project. Porter stated there is a waiting list of 25 for congregate housing units. Porter added the housing manager's contract will be ending the middle of August. The Goggias have elected to continue their contract. D-2. Airport Comission Measles questioned why the minutes of the meeting of July 8 were not included in the packet. Ernst stated he will investigate the matter. Monfor stated the airport carpeting is very dirty. Ernst stated he has already discussed the matter with the janitors. The janitor has tried several different processes to get the carpet 17 clean. Ernst stated a person is coming from Anchorage to look at the problem and suggest what to use to get it clean. KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 9 D-3. Harbor comission Bookey reported there was no meeting due to a lack of quorum. D-4. Library Commission Monfor stated there was no meeting. Monfor added the summer reading program has concluded. There were 92 certified participants. D-5. Parks & Recreation Commission Director McGillivray reported there was no meeting. Monfor stated she was pleased to see the Big Toy at the municipal park is well used. D-6. Planning & Zoning Commission Smalley reported he was out of town and did not attend the last P&Z meeting. However, a copy of the agenda was included in the packet. Smalley added he had requested Clerk Freas to distribute copies of the code enforcement list showing items Jack La Shot has been investigating. Items and actions taken at the meeting were: a. Kathy Scott was not in attendance at the meeting in order to discuss Cheap Tow. Discussion now is the property will be zoned commercial. The vehicles for sale are in compliance. b. The encroachment was resolved - part of the roof was removed. C. A sign variance permit (60 sf sign) was approved. d. Approval, upon review of city administration, was given for the landscape site/plan for Kentucky Fried Chicken business to be placed this side of Pizza Hut. e. Commissioner Charlie Pierce was sworn in. D-7. Miscellaneous commissions and Committees Swarner reported the minutes of the last Beautification Committee meeting were included in the packet. Swarner reported the progress of the flower plantings, etc. Swarner reported the Committee is requesting funds from City Council for a volunteer appreciation party set for August 29. Monfor stated her concern that members of the committee are asking for donations of food and paper products from city businesses. Monfor stated she does not have a problem with KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 10 having the party, or if the committee/commission members comes to Council to request donations, but does not think it appropriate for them to be asking°businesses for donations. The businesses being solicited have already donated flowers, etc. for the project. Monfor requested Council to set a policy. Smalley agreed with Monfor. Smalley reminded Council the city already does a volunteer appreciation reception in the Spring. Swarner stated when this was first discussed during the Beautification Committee meeting, Swarner envisioned something simple, like a pot luck. Williams stated he understands the concern. Williams requested Council allow him to discuss the matter with the Committee Chair. Williams stated he will see how far the plans have gone and see if other arrangements can be made. Monfor asked that a policy be set as well. Measles agreed. Measles added he did not think any commission, committee or employee should be asking for donations from businesses in the community unless it has been directed by Council. Measles added the flower situation had been discussed by Council and they asked for businesses to participate in the planting, etc. Swarner requested City Manager Manninen to state that all requests for donations from council approval first. Monfor added the Committee will still have time to request prior to their dinner. ITEM E: MINUTES E-1. Regular Mooting of July 7, 1993. Approved by consent agenda. ITSK F: None. ITEM a: OLD BUSINE88 7 None. develop a policy to the public must have Beautification funds from Council KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 11 R-1. hills to be Paid, Hills to be Ratified NOTION: Councilman Smalley MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. 80 ORDERED. 8-2. Purchase Orders Ezceedinq $1,000 NOTION: Councilman Smalley MOVED to pay the purchase orders over $1,000 and Councilman Measles 8ECONDED the motion. Swarner asked if J&D Painting was a local company. Kornelis stated they are in the area. Swarner asked if the companies listed were current in their sales tax. Brown stated it was hard to say. Brown stated three of them may have problems, however they should be resolved by the time the checks are mailed. Williams asked about the handicap access for the boat ramp. Kornelis stated the work will be done at the end of the season this year. The Harbor Commission suggested the work. This work will make the ramp wheelchair accessible. VOTE: There were no objections. 80 ORDERED. 8-3. Ordinance No. 1558-93 - Amending KMC 22.05.040(c) and (d) to Clarify Lessees' Right to Negotiate the Sale of Their Leased Land, at Not Less Than the Fair Market Value, After Leasing the Land for a Two -Year Period. Approved by consent agenda. H-4. Ordinance No. 1359-93 - Increasing Estimated Revenues and Appropriations by $4,050 in the General Fund From the Reserve for Athletic Expenditures. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 12 H-5. Approval - Dedication Plaque - Kenai Courthouse Project. Monfor asked other legislators' names should be included on the plaque, i.e. Senator Fischer, Representative Phillips. Williams explained had been in office for a short time at the start, but is not now. At the time of the agreements, Representative Phillips was there, but is no longer representing our district. Monfor suggested Senator Salo be placed before Representative Navarre. Williams added the City funded the project and Navarre and Salo were the representatives of our area. NOTION: Councilman Measles MOVED for plaque and Councilman Smalley objections. 80 ORDZRZD. BREAK TAKEN: 8:10 P.K. BACK TO ORDER: 8:28 P.K. i-1. mayor approval to purchase the dedication SECONDED the motion. There were no a. Troo Planting Grant - Williams referred to a letter he received from Jerry Hanson and was distributed to Council at the beginning of the meeting. Hanson's letter suggested the City apply for a tree planting grant offered by the Alaska Department of Natural Resources. The grant would provide up to $5,000 which would be matched 50% by cash, materials or in -kind services. Hanson suggested the City participate in the application for the grant. Williams asked for Council's opinion. Smalley and Swarner supported the grant application. Smalley suggested Beautification Committee and Parks & Recreation work on the grant and where to place the trees. Emily DeForest suggested the old fire training area which Hanson has wanted to plant for a number of years. Swarner suggested the Parks Department be directed to design the f place. Swarner added the in -kind service could be the top soil KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 13 cost and city crew labor. Swarner suggested more trees be planted at the pavilion and on the park strip in the middle of town. Director McGillivray stated he does not have a problem putting a tree in. However, they have a watering problem. McGillivray added they have 250 trees in the shop area from the courthouse. They have been planting those for about two weeks and still have more to place. McGillivray stated the planting of trees takes more than one day. Williams stated the planting would be next Spring if the grant is funded for Kenai. Williams directed Administration to get the application and make application for it. b. Chisilt Island - Williams reported he, Bill Nelson and Bill Kluge flew to Chisik Island today to review artifacts from an old cannery for the museum. Williams discussed items they found. Williams stated they plan on taking all the pieces of equipment from the shop and reconstruct it here as it was originally. i-2. City Manager a. Manninen invited Council to decide how and when to set a goals and objectives workshop in order that staff can proceed this year and in future years to accomplish them. Manninen suggested Council meet individually with him or meet as a group. Manninen suggested Council prioritize their list and include a cost estimate. b. Manninen reported he, Attorney Graves and Finance Director Brown met with representatives of HEA. Manninen stated he may need authority in the next two to three weeks to take action to either settle the current litigation or discuss it. Manninen stated he will leave it up to Attorney Graves to discuss it further. C. Manninen stated his family will arrive a week from Friday. Manninen added he has an open-door policy for his office. Manninen stated he believes the City is here to provide services to the public and work with the community. He and staff are working for the best possible All -America City and he would like to see some signs in the next year to say "Tree City USA." 7 KENAI CITY COUNCIL MEETING MINUTES 17 DULY 21, 1993 PAGE 14 d. Manninen stated he has been meeting with department hems and feels the city has excellent staff people. Manninen stated he is glad to have inherited it. 1-3. Attorney Graves stated he will be out of town and will not be at the next council meeting. I-4. City Clerk No report. I-5. Finance Director No report. I-6. Public Works Director a. Spur Highway - Kornelis reported Jack La Shot has been reviewing the work to be done on the Spur Highway reconstruction. La Shot reported the State will be redesigning the Kenai section of road. Kornelis suggested a letter of objection be sent to the Department of Transportation in regard to the redesign. The redesign will not allow for public input, etc. Public input and review of the plans was done for the original design. Bookey suggested sending a letter of objection. Measles suggested help could be received from the Borough as well. Williams asked if a stop signal is to be placed at Spur and Airport Way. Kornelis stated it is hard to tell what they will be doing now. Measles stated he believed a letter should be sent stating the City's strong objection to a change from the original design. The traffic situation will be terrible. Swarner asked if Williams had spoken with Representative Navarre. Williams stated not yet, but will. Kornelis stated he understands the redesign was ordered by the new commissioner to save money for the state. b. Thompson Park - Kornelis reviewed future Thompson Park bid dates. Williams asked what will be done with the lots on the east end of the golf course. Kornelis stated they will be addressed in the next phase of the project. Kornelis discussed the type of PE pipe which will be used for the interceptor. KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 15 Williams requested discussion regarding a method of land swap in order to develop the golf course lots be placed on the agenda for future discussion. Williams stated the City is missing a major opportunity to develop those lots. Swarner asked if the PE pipe is the type used in Fairbanks that is now involved in a lawsuit. Kornelis stated it is not. C. Airport Crack Sealing - Will go out to bid on July 29. d. Airport Taxiway Project - Proceeding as scheduled. e. Courthouse Project - There may be a change order at the next meeting. There was not enough information to bring it to this meeting. There will be a full explanation of the changes from the architect. f. Fire Pit - The fire pit has been received by Davis Block. A decision must be made as to where to place it. Kornelis asked for Council approval that he take direction from Laura Measles as to the placement. There were no objections. g. Dock Fees - Kornelis reported approximately $1,300 was collected on Friday. They have used all the 1,000 pay envelopes they had ordered. More envelopes are on order. Kornelis added some of the 'Parks summer crew have been helping to collect fees, etc. at the dock. 1-7. Airport Manager Ernst reported: a. He has received the "go ahead" from the judge in the condemnation litigation for placement of power to the fueling system at the float plane basin. b. The motor grader matter has been resolved by the FAA. C. The snow blower will be here July 29. Measles stated his concerns in regard to theft and vandalism that recently took place at the airport. Measles stated the vandalism took place while the security guard was to be on duty. Ernst stated the police department investigated. Ernst stated he believed the problem took place during the day. Ernst added he had not spoken with the car rental agency owner. Ernst stated a police officer will be sent during the night hours to patrol the area. Measles stated he had a problem with that. If the City is paying the security company to be there, a patrolman should not have to be sent. Measles added if the security company cannot do the work, they should be let go. Ernst stated he has spoken with the Guardian Security representative on several occasions. Ernst stated the KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 16 representative assured him the problem is being handled. Ernst added Guardian Security will work with the City to make sure the City is getting the security for which they are paying. citizens a. Pius Bodes - 207 Birch Street, Kenai, AK. Rodes stated he was addressing a problem he had three years ago with the Kenai Police Department and the City Attorney. Rodes stated he was told by the preceding City Attorney there was no procedure to file a complaint against the Police Department. He later was told by the present attorney there was. Rodes stated he then spoke with Lt. Oldham and was told he would not take the complaint from him. Rodes stated he wrote a letter to Attorney Graves and it took forty days to get an answer. Rodes stated in his letter he asked to get dispatch tapes for the night he had been stopped by the police. Attorney Graves did not give him much information. Graves stated the tapes had been erased and reused and told him he did not know anything about filing a complaint against the police department. Rodes stated he thought this all was ridiculous and that the police department and Graves should be using procedures. Failure to follow procedures is a way to get a lawsuit. Council had no questions or comments. J-2. council Hookey - Welcomed City Manager Manninen. Smarner - Welcomed Manninen. Stated she was in favor of goals and objectives discussion and suggested it be council and city manager in the discussion. Staff could be involved later. Asked about the involvement of community service workers doing work for the city. Manninen explained as far as City staff is concerned, the problem has been solved. Manninen added when the agency supplying the service workers provides Workmen's f,71 Compensation Insurance, the City will be able to accept the workers. Manninen stated hopefully the judges will put pressure on the right spots and get the State to cover those workers with KENAI CITY COUNCIL MEETING MINUTES JULY 21, 1993 PAGE 17 Workmen's Compensation. Swarner stated her concern because community service workers have been used a lot at the Senior Center. Swarner stated if the City is not going to use community service workers, the State should be told. Graves stated they all know why the City is not using them. He has had discussions with people from the Court System and the District Attorney. Brown added he has had three or four conversations with the State over the phone. Brown stated he asked State Risk Management who was at risk. Brown was told the City of Kenai. Monfor - a. Welcomed Manninen. b. Stated her concern about the beach and the amount of traffic on the road and over the dunes, especially during dipnetting. Monfor stated the dunes are being ruined, more dumpsters are needed, as well as running water and better toilet facilities. This is something that needs to be addressed. C. Would like commissions and committees to formulate a goals and objectives list as well. This will help to tie the direction of the city's efforts together. There needs to be a reason for existing. d. Requested Kornelis to investigate the speed bumps at the Visitors Center. Monfor stated the bump closest to the Chamber is not high enough. The bumps are not slowing people down. e. Stated her concern of the traffic congestion in front of KMart. This problem needs to be addressed with the State. f. Stated the carpet needs to be cleaned in City Hall. Neaslos - Nothing. Smalley - a. Welcomed Manninen. b. Looking forward to setting goals and objectives. Believes that is the positive way to move ahead. C. Concerned about the stop light placement at the intersection of Bridge Access and Kalifornsky Beach Road. Chief Morris will investigate. Williams - Will be attending an Economic Development District meeting in Homer next week and will take City Manager Manninen along. A letter has been sent to EDD stating Manninen is now the City's representative to their Board of Directors. A letter will also be sent to the Chamber stating Manninen is now the City's representative to their Board. KENAI CITY COUNCIL MEETING MINUTES `7 JULY 21, 1993 PAGE 18 Work Session - A work session was set for August 26, 1993 at 7:00 p.m. in the Council Chambers. Item to be discussed is Council's goals and objectives. Meeting adjourned at approximately 9:18 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk 7 ♦ FEN9i I CITY OF KEN. AS j 210 Fidalgo Avenue 6 I CENT E` N I A L Kenai, Alaska 99611 y""y` "&—d&z a�rl a IV" / TELEPHONE 283-7535 MEMORANDUM FAX 907-283-3014 TO: Honorable Mayor Williams & Kenai City Council FROM: Thomas J. Manninen, City Manager�(�{/ DATE: July 26, 1993 RE: Policy Regarding Boards, Commissions and Committees Needing Council Approval to Request Donations from Public and Businesses, per Direction at the July 21, 1993 Kenai City Council Meeting I. This policy is intended to cover all volunteer appointed boards, commissions and committees, appointed by the City of Kenai Mayor and City Council. II. The purpose of this policy is to maximize utilization of existing City funds and volunteer boards, commission and committee efforts, and to minimize the public perception of unfair requests, (� soliciting by the City of Kenai volunteer representatives for money and donations for their own projects, albeit for the public good. III. The procedure established is as follows: A. Once a need is determined for funding for a particular project, the board, commission or committee will first investigate the internal funding mechanisms available in the City budget, within their program or activity. B. If funding is available, the request or purchase order will be processed to utilize those funds first; if not available through the City's budgetary process, then they may request additional supplementary funding through the City Council by naming the specific project, task or activity that they are involved in. C. This request would be acted on at a regular City Council meeting with the public's input. If the Council votes to fund the request with supplementary funds, there would be no need to solicit the general public. The Council may decide not to fund the project, or to fund only a portion of the project, and request that the board, commission or committee, supplement the project with other fund raising activities, volunteer donations or solicitations. 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W 'm U a O } N W OO y E W O O # X N U U �' H U V - O W U c� x E x O C9 O O H d a .-a Do 0. a a E.. y H a n: �Q4 en E d E T z } U x a 0 E d 'a Z x x y x O C9 y m C:J C 7 rn 0. O n" AC S M « O M M M N O O « M } M M Ow N O PG w • • M } M } # C9 R H OS o0 C,7 "a C7 CJ Z w C3 o .¢ o O M M rn H y E A i CD ad OC Cn O m a hi W O « Z H U CWJ y Z Z N N W c7 3 ? -4 d a 1AR' O Cl0 vwi a s H « .x. 0.' R «a a ca. y >C y _ AO cn a b C7 } 7e M U O ;; . x ,Oa y P+ cj « ? M X d O A O py P. O W 0. H CV a aA 17' Suggested by: Parks & Recreation Director CITY OF KENAI ORDINAME NO. ISGO-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE GENERAL FUND FROM THE RESERVE FOR ATHLETIC EXPENDITURES TO PURCHASE A PARKS DEPARTMENT TRACTOR. WHEREAS, in 1980, the City Council adopted Resolution No. 80-178 that accepted land from Harold A. and Rita Daubenspeck; and WHEREAS, that resolution provided that revenues derived from the oil, gas, and mineral rights of the land "be dedicated to athletic programs sponsored by the City of Kenai"; and WHEREAS, the balance in the reserve for athletic expenditures is $72,038; and WHEREAS, the City's ballfields and parks are integral parts of the City's athletic programs; and WHEREAS, the Parks and Recreation Director has requested that the Council approve the purchase of a new tractor for the Parks Department to replace a worn 1981 tractor that needs either extensive repairs or replacement. 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: Reserve for Athletic Expenditures $20,000 Increase Appropriations: Parks - Machinery & Equipment $20,000 Ordinance No. 1560-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 4, 1993 Adopted: August 18, 1993 Effective: August 18, 1993 Approved by Finance:_ (7/28/93) kl Suggested by: Finance City of Kenai ORDINANCE NO. 1561-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 7.25.020 (CITY BUDGET CONTROL). WHEREAS, current City ordinances allow the City Manager to make budget transfers in amounts less than $1,000 within a single department; and WHEREAS, many funds other than the General Fund have a contingency account in each department to provide a means for transfers for unexpected costs; and WHEREAS, the contingency in the General Fund is within only one department, making relatively small transfers difficult and cause for delay; and WHEREAS, expanding the City Manager's authority to allow transfers within a fund, rather than a department, will provide more efficiency. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 7.25.020 is amended as follows: 7.25.020 City Budget Control: (a) After approval by the Finance Director as to availability of unencumbered balances, transfers in amounts less than $1,000 may be made in line item accounts within a [DEPARTMENT] Fund without approval by the City Council. The City Clerk may make such transfers within the [DIVISION] Department of the City Clerk, and the City Attorney may make such transfers within the Department of Law. The City Manager may make such transfers in all other areas except in the Legislative Department. However, no transfers under the authority granted herein may be made to or from accounts pertaining to personal services. (b) The City Council, by resolution, may make transfers in any amounts of unencumbered balances of line item accounts within a Department or within a Fund. (c) The City Administrator is directed to charge all disbursements to "cost centers" established by the budget. A "cost center" is defined as a provision for expenditure specified by the budget of the City of Kenai for a department or activity specifically so recognized. (Ord. 222, 670) Ordinance No. 1561-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 4, 1993 Adopted: August 18, 1993 Effective: September 18, 1993 Approved by Finance: d 4 a (7/29/93) kl 7) 1791-1991 CITY OF KENAI �o eap� 4 4" „ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 263 - 7535 FAX 907-283-3014 MSMORAMUN TO: Thomas J. Manninen, City Manager FROM: Charles A. Brown, Finance Director r -q4 DATE: July 29, 1993 SUBJECT: Budget Transfers Attached is an ordinance that I have drafted expanding the City Manager's authority to transfer money. This ordinance would allow you to transfer money, up to $1,000 (the current maximum) within a fund, instead of a department. When I prepare the annual budget, I place a contingency in each of the three departments within the Water and Sewer Fund and also in each of the three departments within the Airport Land System Fund. This is done so that small transfers can be made with minimal delay. But, in the General Fund, the contingency of $75,000 is all placed in a single department, called Other. That means that even a small $50 transfer from the General Fund contingency needs a Council resolution, because the transfer is from one department to another department. It would be possible, but confusing, to place a contingency in each General Fund department. A better idea would be to allow the Administration to make small transfers within the General Fund. This is not a vast increase in power. Council will still approve all transfers greater than $1,000, plus each actual purchase greater than $1,000. If you approve of this, I'll put the ordinance and a copy of this memo in the next packet. �I Suggested by: City of Kenai ORDINANCE NO. 1562-93 //-5 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,221,000 AS A RESULT OF RECEIVING EIGHT STATE OF ALASKA MUNICIPAL GRANTS. WHEREAS, the City has received eight State of Alaska municipal grants totalling $1,221,000; and WHEREAS, these grants must be appropriated by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants - General 71,000 Increase Appropriations: Non -Departmental - Grants to Agencies $ 46,000 Fire - Machinery & Equipment 20,000 Library - Books 5.000 Kenai Courthouse Capital Project Increase Estimated Revenues: State Legislative Grant $400,000 Increase Appropriations: Construction $40„ 0,000 Thompson Park Water & Sewer Lines Increase Estimated Revenues: State Legislative Grant $750,000 Increase Appropriations: Administration 5,000 Design & Inspection 400,000 Construction 345,000 �'_ $75� 0 Ordinance No. 1562-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 4, 1993 Adopted: August 18, 1993 Effective: August 18, 1993 Approved by Finance: C9l (7/29/93) kl Suggested by: City of Kenai ORDINANCS NO. 1563-93 F lilalluw AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,979.68 IN THE GENERAL FUND AS A RESULT OF DRUG FORFEITURE RECEIPTS. WHEREAS, in fiscal year 1993, the City of Kenai received $2,979.68 from the U.S. Marshalfs office from drug forfeitures; and WHEREAS, the City Administration had no immediate plans for the expenditure of this money, and decided to let the funds flow into fund balance and to request an appropriation when a valid use of the funds could be planned; and WHEREAS, a Kenai Police Sergeant has been accepted to attend a polygraph training course, which is a valid use of these funds. 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 $2,979.68 Increase Appropriations: Police - Transportation $2,979.68 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of August, 1993. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR Introduced: August 4, 1993 Adopted: August 18, 1993 Effective: August 18, 1993 Approved by Finance: C-if (7/29/93) kl KENAI POLICE DEPT. 107 SOUTH WILLOW ST., KENAI, ALASKA 99611 TELEPHONE 283-7879 TO: Charles Brown Finance Director FROM: Daniel Morris3401 Chief of Police DATE: July 29, 1993 SUBJECT: Polygraph school Sergeant Charles Kopp has been accepted to attend the National Training Center of Polygraph Science at the Ohio State Highway Patrol Academy from September 12 through October 22, 1993. The Police Miscellaneous account presently contains $2900 which is a cash match of $2979.68 in drug forfeiture money dedicated to the polygraph course. Request transfer of the forfeiture money to the Police Transportation account to cover the remaining expenses. Polygraph course tuition $2976.00 Room & meals ( partial) $ 840.00 Per diem ( 15 days) $ 450.00 Estimated airfare $ 800.00 Total expenses: $5066.00 DLM: lrr 1781-1881 CITY OF KENI (2apdai 4 44a" I I _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 TO: Thomas J. Manninen, City Manager FROM: Keith Kornelis, Public Works Director4tip DATE: July 30, 1993 SUBJECT: Conhodnated Soils - Kenai Courthouse FOR: City Council Discussion 8/4/93 The City has approximately 8,000 CY, (12,000 tons), of contaminated soils on two lots next to the courthouse that need to be disposed of. There are many firms that would like the contract to dispose of this material. I have received verbal rough cost estimates of $50/CY for biological remediation to $50/ton for using it in asphalt. This amounts to $400,000 to $600,000. This cost does not include testing nor the ADEC environmental disposal plan. I have submitted the letters I received from ADEC to Council that have stated their position that 17 the City, as owners, are responsible for disposal. Charlie and Cary have worked out an agreement with the Alaska Court System (ACS), concerning project overruns due to the contaminated soils. They should explain the financial and legal aspects of the clean up and disposal of this contaminated soil. I talked with the KPB environmental coordinator concerning their contaminated soils problems. They hired a firm to do their soils testing, ($11,000 for 1,600 CY). They are presently bidding the professional services and construction for the ADEC required stockpile disposal plan and disposal of the soils. The KPB had eight piles of contaminated soils since 1989, but recent testing only showed four piles now contaminated. So, four piles cleaned themselves up! Cary said he did not think it would compromise our position with Grace Drilling and other PRP's if we cleaned up the site. Grace Drilling has stated they would take care of a few small piles but not all of the material they moved nor the large pile that the City's contractor pushed up. I think we should consider contracting out to clean up the site in whatever way is the cheapest and that meets all ADEC and EPA rules and regulations. In order to even get started we need to appropriate money to cover the costs. If council agrees I will pursue bidding the testing, environmental disposal plan, and disposal of these contaminated soils. I will have a cost estimate for an appropriation ordinance/resolution at the next Council meeting of August 18, 1993. KK/kv T CITY OP 1ZNAI 3MTIXG PRTITIONB Nominating petitions are available at the City Clerk's Office, Kenai City Hall, 210 Fidalgo Avenue, Kenai, for the following seats in the October 5, 1993 regular City election: COUNCILMEMBERS: Two (2) to be elected for one three-year term each. Candidates must be at least 21 years of age, be qualified voters of the State of Alaska, and be residents of the City of Kenai for three years. Filing period is August 1, 1992 to August 16, 1993. The nominating petitions must be returned to the City Clerk's office no later than 5:00 p.m. August 16, 1993. All candidates are subject to the provisions of AS 15.13 Campaign Disclosure Act; and AS 39.50, Conflict of Interest Act. Carol L. Freas, City Clerk DATED: July 28, 1993 INFORKRTION ITEM8 Kenai City Council Meting of Auqust 4, 1993 1. 7/21/93 Kenai City Council Meeting "To Do" List. 2. 7/21/93 Tom Fink memorandum encouraging the City of Kenai's membership to the Alaska Wetlands Coalition (coordinated by the Resource Development Council). 3. 7/23/93 KK letter to representatives of DOT and the Federal Highway Administration regarding Kenai Spur Highway Reconstruction - Urban Section. 4. 7/93 Resource Development Council, Inc., Resource Review. 5. 7/93 Greater Kenai Chamber of Commerce, Chamber Chatter. 6. Pay Estimate No. 1/Kenai Municipal Airport Taxiway A-3 Reconstruction/Doyle Construction - $58,812.92 7. Pay Estimate No. 7/Kenai Airport Drainage & Safety Zone Improvements/Zubeck, Inc. - $16,959.09 8. Pay Estimate No. 15/Kenai Courthouse/G&S Construction - f�'`, $325, 495.62. 9. 7/27/93 George Church letter regarding seeding in front of Dairy Queen and the Forest Drive intersection, etc. 10. 7/22/93 D. Marcum, DEC letter regarding 50% Municipal Matching Grant Program for water, wastewater or solid waste projects. 11. 7/23/93 KK letter to DOT regarding ISTEA projects for the City of Kenai. 12. 7/28/93 ABC letter regarding denial of "Mr. D's" 1993 liquor license renewal application. 13. 7/93 National Civic League, Civic Action newsletter. TO DO LIST July 21, 1993 Kenai City Council Meeting CRG - Findings of Fact -- Keck Appeal. RAE - Check on Airport Commission minutes of July 8 meeting. Investigate possible security problems at airport. JW - Discuss the Beautification Committee volunteer appreciation dinner arrangements with L. Breeden. Talk with Mike Navarre regarding Spur Highway expansion changes. TM - Develop policy regarding boards, commissions, and committees needing council approval to request donations from public and businesses. KV - Change legislative listing on Court House plaque -- Senator before Representative. KO - Get tree grant application and apply for grant and develop plan of where trees are to be placed. KK - Send strong objection letter to State DOT regarding change of Spur Highway expansion design. Investigate speed bumps at Visitors Center -- on closest to Chamber is too low. CLF - Place on future agenda discussion regarding future use of property along golf course for development. Make appropriate notice of goals and objectives work session for August 26, 7:00 p.m., Council Chambers. ADMIN - Investigate preservation of dunes, availability of toilets, running water, dumpsters at beach to handle activity when dipnetting is open. Address congestion on Spur in front of Kmart and Carr's with State DOT. KH - Have City Hall carpet, downstairs and council chambers, cleaned (upstairs too?). DM - Investigate placement of yield sign and lighted sign at Bridge Access and K-Beach Road intersection. Municipality of • Anchorage OFFICE OF THE MAYOR DATE: July 21, 1993 TO: Municipal and Borough Mayors P.O. BOX 196650 ANCHORAGE, ALASKA 99c TELEPHONE: (907) 343-44 FAX: (907) 272-1991 Tom Fink, Mayor FROM: Tom Fink, Mayor Municipality of Anchorage I am writing to encourage your membership in Coalition. As you know, the wetlands issue will Congress, and no one has more at stake in the communities. .A0 - a r ITY C 6RK \N OF KFJ�r • . Z99 the Alaska Wetlands be addressed by this outcome than Alaska The Alaska Wetlands Coalition was formed to assure that federal policy and legislation provided a balance between preservation and development in our state. Unless we have adequate representation in Washington and can do our part when actions are required, our interests will suffer. The Municipality of Anchorage has been a member of AWC since its formation, and we greatly appreciate the outstanding job the coalition has done. If we could contribute more, we would, but it's not in the cards this year. Can you help? "00 F. J(, Tom Fink ALASKA WETLANDS COALITION 121 W. Fireweed Lane, Suite 250, Anchorage AK 99503 (907) 279-1783 Fax: 276-3887 AWC Summer 1993 Projects - Guiding ' wetlands tours of Alaska. August 15-21. Congressional and administrative staff meet local municipal, state environmental, and private sector representatives to demonstrate diversity and abundance of Alaska wetlands -- see local color. -Meet with key officials. AWC testified at July 1 hearing in Washington, D.C., of the White House Interagency Working Group on Federal Wetlands Policy. In Anchorage, Senator Ted Stevens' staff briefed AWC members on current status of wetlands policy. Working with Alaska state officials and federal administration representatives. -Building a case file. AWC is collecting stories to demonstrate the uniqueness of development in Alaska. Please send a short synopsis to explain type of wetlands development and associated regulatory problem. - The AWC Brochure. A new edition will be released in August. It introduces a new map, addresses the latest concerns and will be mailed statewide first. -Drafting and presenting testimony. Hearings in both Houses of Congress and at the White House are scheduled. A technical advisor is retained in D.C. to advise, respond, draft and convey AWC's message. ALASKA WETLANDS COALITION 121 West Fireweed Lane, Suite 250 Anchorage, AK 99503-2035 (907) 279-1783 FAX (907) 276-3887 Membership Application Company/Community/Organization Mailing Address Contact Person Phone Numbers: Wk Fax------ ----- -----------------.-- -------PAYMENT INFORMATION ------------------------- Membership Levels: $250 $500 $1,000 $5,000 Other ----- Method of Payment: Enclosed is: MCJVISA# ---- Name _— -Expiration Date — ------ Welcome to the Alaska Wetlands Coalition! The AWC represents Alaska communities, large -and small, native corporations, labor unions, resource companies, environmental scientists and other wetland users. The AWC exists to effect a balanced debate on wetlands, primarily their use and protection in Alaska. Your membership helps ensure that the local voice of Alaska is heard. We will be advising you of AWC activities, national policy action on wetlands, and other wetlands issues. Thank you for your support! RDC coordinates the Alaska Wetlands Coalition under the TIN 92-0048833. RDC is classified a non- profit trade association under IRS Code 501 (c) (6). Membership dues and other financial support may be tax deductible as an ordinary and necessary business expense. Dues are not deductible as charitable contributions for federal tax purposes. **w,r,r,r*ww.******«*•,r,r,r,r*****,r,r,r«***t�,rt,r.*,r,►*#,r*,r*,r,r*,►,r,r,r*tw**r,r•**,r,►t** ALASKA WETLANDS COALITION 121 W. Fireweed Lane, Suite 250, Anchorage AK 99503 (907) 279-1783 Fax: 276-3887 July 22, 1993 Mayor John J. Williams Kim Howard, Admin. Asst. City of Kenai--7 210 Fidalgo Ave. Kenai, AK 99611 Dear John: The Alaska Wetlands Coalition (AWC) was originally organized to represent a diverse statewide membership, in response to the 1989 Memorandum of Agreement between the Corps of Engineers and the Environmental Protection Agency (EPA). Many communities around Alaska were shocked to discover that such a national policy would be implemented. For historic reference, the 1989 RDC brochure on wetlands is enclosed for each Council or Assembly member and the Mayor. Legitimately, Alaskans were concerned that a national policy would be crafted without any consideration for our state's unique circumstances and excellent conservation record, namely: - Alaska has a net wetlands loss of less than one -tenth of one percent, compared to the Lower 48 loss of 54%. - Alaska native lands claims were settled with indigenous people for development and subsistence use of their wetlands. - Wetlands account for 70% of Alaska's non -mountainous area, which roughly totals 170,000,000 million acres. - Unlike any other state, millions of acres of wetlands in Alaska were preserved in 1980 by the Alaska National Interest Lands Conservation Act (ANILCA). Alaska's wealth of wetlands suddenly seems like a big liability, rather than an asset. Combined with the Federal Jurisdictional Manual broadening the definition of wetlands, it is clear in Alaska that any development including schools, roads, hospitals, homes, and resources, no matter how conscientious, 71 naturally requires the use of wetlands. The question remains, how can we avoid wetlands when dry uplands are scarce in Alaska! The Alaska Wetlands Coalition was formed, therefore, to work on changing 17 federal regulations, bring some community perspective and balance to the debate and help guide the overall national policy decision. One of the reasons the AWC was so well received is it represents diverse Alaska interests and areas, and it has a solid case laden with validity. If you have been involved with this issue recently, then you know the Alaska Wetlands Coalition has been instrumental in elevating Alaska's concerns on wetlands policy to date. Most recently the Clinton Administration invited the AWC, along with Nelson Angapak of Calista Corporation, and Commissioner John Sandor of the State Department of Environmental Conservation, to testify in Washington, D.C., at hearings conducted by the White House Interagency Working Group on Federal Wetlands Policy. Continuing such response is essential to formulate wetlands policy that is at least flexible enough to provide for Alaska's unique situation. There is no doubt that your financial support would greatly aid in the AWC's effort. We invite each community to contribute what it can to keep this effort strong. Other ways to help are sia^a a resolution of support for the effort, advancing your community concerns and specific problems to our attention and adder your name to our ar_ owing list of members. We are very optimistic that with your support, we can continue to push things in the right direction for Alaska. We will send you a copy of the new brochure as soon as it is printed. Let us know how we can help you more. Sincerely, Alaska Wetlands Coalition 1791-1991 D CITY OF KEN/ G'dp� 4 4iad „ 210 FIDALGO KENAI, ALASKA 99611 _ TELEPHONE 283 - 7535 FAX 907.283-3014 73 � iii�li OI�f% L July 23, 1993 Bruce Campbell, DOT/PF Commissioner, fax: 243-2774 John Horn, DOT/PF Regional Director, fax: 243-2774 Janet George, DOT/PF Regional Planning Director, fax: 243-2774 John Burkholder, DOT/PF Project Manager, fax: 243-2774 Bob Ruby, Federal Highway Administration (FHA), fax: 586-7420 Dear State and Federal Officials: The City of Kenai's Administration, Mayor, City Council, and Citizens are very upset that the State DOT/PF is planning to reduce the scope of work on the Urban section of the Kenai Spur Highway Reconstruction. The state has held many public hearings on the Kenai Peninsula where this project was described to attendants using the attached typical highway section. Please note, from looking at this DOT/PF drawing, that we were told at these numerous meetings and through our DOT/PF contacts, that the following criteria would be used on this design: 1. Typical section total width = 111' 2. Traffic lanes = 4 ea. at 12' wide 3. Median width = 20' 4. Shoulder width = 8' 5. Sidewalks = 10' on south side and 6' on north side Recently, we have heard that the State DOT/PF has arbitrarily and drastically changed the typical road section to minimal design standards as follows: 1. Typical section total width = 70' to 80' 2. Traffic lanes = 4 ea. at 12' width? 3. Median width = 12' to 14' 4. Shoulder width = 2' 5. Sidewalks = bike/pedestrian on one side fitted into the right-of-way where convenient in a "floating alignment." Page 2 Spur Highway 7/23/93 The City of Kenai is very concerned with using these minimal design standards when this area is experiencing such tremendous growth. The fact that the largest store in K-Mart's chain and one of the largest Cam stores is located on this section of the Kenai Spur Highway is testimonial to our area's huge expansion. If anything, the original plan should be enlarged not reduced. Another serious concern is the fact that the revised minimal standards is so drastically different than what was presented to the public in the hearings on this project. I would think that the DOT/PF would want to have additional public hearings to explain these changes. The state's credibility is at stake. I also think that the Federal Highway Administration (FHA) would insist on additional public hearings. The City of Kenai requests that the State DOT/PF design the Kenai Spur Highway - Urban Section as was originally planned and presented to the public and to the City. If DOT/PF plans to make changes to the original typical road section the City of Kenai requests additional public hearings to discuss the changes. Sincerely, Keith Kornelis Public Works Director KK/kv cc: Senator Judy Salo Representative Mike Navarre 7 EiIi= 3il,��III=�III I11=111�I F U N J a U a ONIMS—?P IIOSdOl -40 SSlIINIIcr 3 ON16n21O fi ONIaV3lO d0 SlIYVII { All U N Z 1 � J 4 IL to Q I W N V) W (AJ U Q \� W W W Q U U tAi 2I ZO N � Z IAJ ^ � �0 O U tY W W U JO C <4 O Z IY J a CL a �x i to I to O tt� N I f � 1 I .t it ON1033S V -IIQSdOl 40 silrill ONlenNo )P DNIMV313 dO SlIrv1-1 f I=1 { 1= 3� �III=III III —III R O in N + to n to O f- 0 0 a f- tN Ea � Tongass reforms, ernironrrk mandates take toll on Sitka pu APC mill to close September 30, hundreds to lose jobs Major changes in a federal logging contract, coupled the removal of two- thirds of the commercial forest in the Tongass National Forest from logging, has forced the Alaska Pulp Corporation to announce the indefinite suspension of its Sitka pulp mill operations. Four -hundred employees with an annual payroll of $18.9 million will lose their jobs when the mill closes Septem- ber 30. A permanent closure would ultimately lead to the loss of hundreds of additional jobs and an indirect payroll of $11.3 million. While a weak world pulp market is The APC mill accountsi for a quarter of Sitka's waterrevenuesandX percentofits property tax base. a contributing factor in the mill's upcom- ing closure, the worst damage has come from changes in the company's 50-year logging contract that have made a diffi- cult situation "completely unworkable," said Frank Roppel, Alaska Pulp execu- tive vice president. He said the com- pany will seek relief through a recently - filed lawsuit against the Forest Service and will explore additional uses for the Sitka mill site. The company's contract with the Forest Service allowed for the purchase of 5 billion board feet of timber through the year 2011. But since the contract was signed in 1957, Congress has moved to set aside most of the commer- cial forest from logging. In the 1980s, a major lobbying effort by state and national environmental groups led to the passage of the 1990 Tongass Reform Act, which removed even more prime areas from the timber base and led to major changes in the harvest contract. Those changes sub- stantially increased the price of wood and decreased the overall quantity and quality of logs available to the company. Moreover, operating costs at the mill have increased over the years with stricterpermit requirements.Since 1968, the company has spent over $100 mil- lion installing air and water pollution controls. It now spends over $12 million (Continued to page 4) F1893 Alaska Pulp sues USFS_ Changes to timber contract prompts suit After months attempting to re- solve issues out of court with the U.S. Forest Service, Alaska Pulp Corporation has filed suit in U.S. District Court in Juneau challenging modifications to the company's 50- year timber purchase contract. APC claims the Forest Service's administration of the Tongass Tim- ber Reform Act of 1990 has improp- erly changed provisions of the company's timber agreement and has made it much costlier to do business. "We had hoped and tried to resolve differences through nego- tiations and discussions," said Frank Roppel, APC Executive Vice Presi- dent. "But the Forest Service re- mained unyielding in its position, and, unfortunately, we had no re- course other than legal achon.A According to Roppet, the Act (Continued tb page # Making a difference k# the dusk Ox term In keeping with RDC's tourism and agriculture interests, RDC Executive DimcgorBeckyGay holds "Ennalee, "a Musk Ox caffatOwPalbwfarm. Gay works as a volunteer for the Musk Ox Dove0aprftnt GotponWon with Connie Oomiduk, f rrJ manager, and had the added phosurs ofhe, ins nurses the baby caNbook to health this spring. Federal environmental policy is serious threat to Alaska's resource -dependent economy Message from the Executive Director by Becky L. Gay Warning: This morifts Resource Reviewm0htbe depress- ing to people concerned about the future of resource development in Alaska. The cumulative impacts of massive federal actions on the economic health of Alaska are beginning to rear their ugly heads. Government policies, combined with the goals of non -develop- ment groups such as the "Alaska" Wilderness League, are overtly hostile toward resource development —Alaska's economic lifeline. As predicted, such extrerrasm is finally having aserious impact on the state'stimber, minerals and oil and gas sectors. And if fishing and tourism interests (the only apparentpolitically-correct industries )don'tthinkth Wllbeaffected--thinkagain. Bluntlyput,Alaska's basic industries are under siege and Alaska residents are the initial victims, since economic misery strikes locals first. In light of federal and Ouliside influences on both public and private lands in our state, RDC has worked hard over the years to be heard and influential at the national level. Since 1989, for instance, ADC has coordinated the Alaska Wetlands Coalition (AWC) to spearhead the battle on wetlands policy and regulation. Federal wetlands policy represents yet another attempt to retard Alaska's ability to develop not only resources, but transportation corridors, airport and port sites, tourism facilities, and the most basic elements of infrastucture in rural and urban Alaska, especialy water and sewer systems. With thanks to the Alaska Congressional delegation, the AWC was invited to Washington, D.C. earlier this month to testify beforII the White House interagency Working Group on Federal Wetia� Policy chaired by Keith Laughlin of the Environmental Policy group for President Clinton. Commissioner John Sa ndor, Nelson Angapak of Calista and I spoke tothe group on issues ranging from community needs, rural sanitation considerations, regulations, coastal zone management, federal conservation units, demographics, native lands, as well as specific wetland issues such as strict mitigation sequencing, abun- dance, functions, values and permafrost. I also tookthe opportunity to fire a few shots at the latest misinformation campaigns of groups perpetuating fearful myths about Alaska wetlands. The Alaska team was well received and felt we had made the case for flexibility and reason in the case of Alaska wetlands policy to the working group in the new administration. This is a prime example of the way in which pro-deve entAlaskans must unify and work together. None of us can achieve lasting success on our own against the formidable odds out there. I encourage everyone reading thisto call and askforthe testi i onydeliveredandifpossible, to spare a few dollars earmarked for wetlands work. I'll even send you the opposition's' misinfomnation campaign literature rfyou'd Ike (Continue to page 3) Page 2 / RESOURCE REVIEW / July 1993 Thoughts from the President by James L. Cloud With "Friends" like these, who needs enemies? Under pressure from eastern special interests who claim to be "friends of Alaska," the U.S. Forest Service has unilat- erally made changes to long-term harvest contracts leading to the closure of the Alaska Pulp Company's mill in Sitka, putting over 400 people out of work this fall. Accounting for 25% of Sitka's employment base, the forest products industry reduction will likely effect 50% of Sitka's economy with ramifications throughout Southeast Alaska. With a rather large multiplier effect on the economy, the APC closure could result in a $40 million reduction in personal income in South- east and $8 to $10 million less federal income taxes paid to Uncle Sam. With "friends" like these back East, who needs enemies? In 1906, U.S. Secretary of Interior Gifford Pinchot with- drew all coal deposits in the Bering River Coal Fields under pressure from eastern special interests who claimed to be "friends of Alaska." The move forced Cordova residents and businesses to import coal from British Columbia rather than use the vast coal resources located nearby. On May 4, 1911, 300 frustrated Cordova residents held the infamous "Cordova Coal party," shoveling several tons of British Columbia coal into the Cordova harbor. Eighty-two years ago, Alaskans failed to appreciate the concerns of their eastern "friends." Let me introduce you to some of your new "friends" from Outside that are here to help save Alaskans from themselves: - The Alaska Wilderness League - Chaired by former New York Representative Bob Mrazek, this organization is dedicated to designating the Coastal Plain of the Arctic National Wildlife Refuge Wilderness and preventing Ameri- cans from using the oil and gas that m&y lie underneath the frozen tundra. - The Alaska Coastal Rain Forest Campaign - Orga- nized by the Southeast Alaska Conservation Coalition and the Alaska Center for the Environment, this organization is armed with several advisors from Washington, D.C., and ..Atlanta, Georgia to lock up timber resources in the Tongass ,ational Forest, the "Lost Coast" between Yakutat Bay and Cape Suckling and the coastal forest lands from Cordova to Kodiak. Add to these the legion of other special interest lobbies that are bound and determine to raise funds to help lock -up Alaska and prevent consumers from around the world the opportunity to enjoy products made from Alaska's resources. These people introduce a new meaning to the definition of "carpetbaggers." Even Judge James Wickersham would turn over in his grave at the thought of this invasion of outside intervenors. It's not bad enough to have to counter propaganda and misinformation from groups like these, Alaskans must work tirelessly to fight efforts of the government to set aside more wilderness and restrictions on federal lands. Already 57 million acres of federal lands in Alaska are closed to any form of development. This represents 62% of all federal Wilder- ness real estate. Moreover, development is banned or se- verely limited in tens of millions of acres in Alaska national parks and refuges (outside designated wilderness areas). And if all this isn't enough to satisfy non -development inter- ests, the U.S. Fish and Wildlife Service recently closed comments on a plan that would set aside millions of additional acres into Wilderness. When the government and others limit uses of land and resources, there is inevitably an impact on consumers and the economy. The federal and state Exxon Valdez Oil Spill Trustees Council recently voted to purchase land to prevent the harvest of 100-plus million board feet of timber. This renewable resource could have produced nearly 170 million board feet of lumber, enough to build over 11,000 homes. Given proper forest management, this could have been repeated every 50 to 60 years, forever. While private landowners may find opportunity in selling their land to the government, one would have to question the wisdom of the government's role in limiting resource avail- ability to consumers while spending enormous sums to add to the already obscene amounts of land in government ownership in Alaska. With greater amounts of our natural resource base being closed tb development, where will America find the raw materials to produce the products its consumers demand? Before long, America will become a nation of consumers without producers. Jobs will flow overseas to develop re- sources in countries with much weaker environmental laws. And the trade deficit will only grow larger as America imports the products it no longer produces at home. With so much interference on Alaskans' right of self- determination, it's not hard to understand the frustration of the Bostonians at the Boston Tea Party or Cordova residents at the Cordova Coal Party. Our friends have been with us since the beginning, fighting over the land. The faces and names have changed, but the battles are still the same. Come join the fight. Gay . . . (Continued from page 2) to see for yourself what we are up against. On a positive note, in August the AWC will be touring Congres- sional and Administration staff around the state wetlands. Look for us in Sitka, Juneau, Anchorage, Palmer, Bethel, Kwethluk, Fairbanks, Nome, Barrow and Prudhoe Bay. July 1993 / RESOURCE REVIEW / Page 3 Pulp mill to close, Sitka ponders its future (Continued from page 1) annually to meet environmental man- dates. To comply with a newly -proposed permit requirement, the company would have to spend an additional $104 mil- lion initially and triple its annual envi- ronmental expenses. These costs can- not be passed on to the consumer, the company has said. State officials have recently voiced concern that burdensome federal red tape could lead to the demise of both the Sitka and Ketchikan pulp mills, send- ing the Southeast Alaska economy into a tailspin. In response to news of the mill's closure, Governor Wally Hickel said "this is the painful result of the policies of an uncaring federal government, policies that are calculated to, sooner or later, put an industry out of busi- ness." A permanent shut -down of the APC mill would be "devastating," warned Sitka Mayor Dan Keck. The seasonal nature of Sitka's tourism and fishing industries could not make up for the year-round loss of high -paying mill jobs, said Keck, a member of the RDC Board of Directors. When the cruise boats stop coming and the town loses the millworkers, whose salaries average about $45,000 a year, "it's going to be pretty tough during the winter," said Keck. Alaska Pulp accounts for nearly 2,000 direct and indirect jobs in Alaska and pumps tens of millions of dollars into the economy each year. The com- pany spends over $6 million annually in local contracts and its employees spend over $30 million on local goods and services. APC also accounts for nearly a quarter of Sitka's water revenues and 20 percent of its property tax base. As a result, the mill's closure eventually could mean an end to Sitka's low prop- erty tax rate. "The social costs of the mill's clo- sure, including unemployment benefits and the loss in tax revenues, have yet to be calculated," noted APC spokesman Rollo Pool. "I just bought a house last year and I'm probably going to have to walk into the bank and give them the keys," said millworker Chris Skoog. "That's the only thing I can think of. The house won't sell now. Property values just went through the basement." With strong and escalating prices for lumber, APC will continue operating a second facility at Wrangell which pro- duces lumber. The Wrangell sawmill employs 235 people. Company logging operations will employ up to 500 more people during the peak season. But a permanent closure of thl Sitka mill could result in a restructuring of logging operations in the northern Tongass because Alaska Pulp's long- term contract is linked to an operating ARC: USIFS improperly changedcffow (Continued from page 1) unilaterally changed the administration of the long-term contract by raising prices and by reducing the time for harvesting offered timber. The Forest Service additionally interpreted the act in a way that substantially reduces APC's timber volume through the re- maining 18 years of the timber harvest contract. APC also claims the Forest Service used the act to wipe out an economic test in the contract that was used to determine suitability of timber offered to the company. "It's not in anyone's best interest to let these improper changes destroy a successful working relationship that has been providing jobs and year -around economic activity for our part of Alaska for more than three decades," Roppel added. Some of the challenged changes to APC's contract are: - Comparable Pricing: APC must pay the average price of other timber purchasers if those prices are higher than those calcu- lated under the long-term timber contract. Other timber buyers may purchase logs only occasionally, have no continuing pur- chase obligation and can speculate on fu- ture market conditions. "The Forest Service's interpretation of the comparable pricing clause is like an elevator that only travels in one direction," Roppel said. - Utility Grade Logs: For the first 30 years of the company's contract with the federal "It's not inanyone's best in1lew to let these Improper change destroy a successful woridn, relationship that has bee- pwMn9 jobs and yewwoun, economic activity for our part t Alaska for more than thre decades." -Frank RoppE government, the volume promised an delivered was measured in sawlog vo umes. Any additional utility logs is generally are only usable for ma�Ic turing pulp) were purchased but nc included in the total volume. Now th Forest Service says utility logs mu, - be inducted in the tot4velume, effec Page 4 / RESOURCE REVIEW / July 1993 7 Pulp mill. "A pulp mill was a definite require- ment for the contract," said Wayne Nicolls, a Forest Service spokesman. Nicolls said the contract allows for tePn- porary closure of the mill, but if it re- mains closed, then the Forest Service might seek to terminate the contract. APC's Roppel would not speculate on what it would take to re -open the mill, saying "It's clear that it will take some time to resolve our differences with the Forest Service or to find some addi- tional use for the property. Given the situation, we felt it would be more fair to our employees to offer an enhanced and comprehensive severance pro- gram, rather than to put them in a state of long-term uncertainty and financial jeopardy — in the hope that more work would be available at our facility any time soon." The Ketchikan mill, Southeast Alaska's largest private employer, re- sumed operations in June after a six - week shut down. The mill will likely have to shut down again next month and might stay closed until October, said Martin PH, the company's presi- dent and general manager. "This is obviously a very sad day in the history of Southeast Alaska," Pihl said. "The difficulties that Sitka speaks nnc of enntrant The p ootiiiiii r Aika'ad kstr snare the )av6st emoyers in ii�u Alaska. The mills' produce a high-grade dissolving pulp that is used to manufacture rayon, cellophane, food additives and a wide variety of other products used in everyday life. of -- the contract management and changes -- affect all of us in the indus- try.,, Alaska's congressional delegation blamed environmental extremists, the Forest Service and East Coast elitists for the mill's closure. "The extreme environmental crowd has demanded change after change that makes it impossible to sustain this mill's productive activity in the Tongass," said Senator Ted Stevens. "They are the ones who should tell the 400 workers who lost their jobs why they can no longer support their families." Congressman Don Young vented his anger at majority Democrats. "In their effort to appease the East Coast environmental elitists who have decided to tell the rest of the nation how to live their fives, the Democrats in Con- gress who pushed for strict restrictions on timber development have thrown hundreds of people out of work and destroyed Southeast Alaska's second largest employer," Young said. July 1993 / RESOURCE REVIEW / Page 5 e plan would add more Wilderness here The Resource Development Council is opposing a federal proposal to expand Wilderness zones inside Alaska's national wildlife refuges. In comments filed with the U.S. Fish and Wildlife Service, RDC President Jim Cloud warned that Increasing Wilderness areas in Alaska would be a crippling attack on its land base and would create bureaucratic redundancy which is not needed nor wanted, given the high level of protection already granted by federal laws and regulations," At issue is a document called, "Refuges 2003: A Plan for the Future of the National Wildlife Refuge System." The draft proposal is a blueprint on how America's wildlife refuges will be managed in the 21 st Century. RDC opposes the Proposed Alternative which would add 29 million acres of Wilderness to the national wildlife refuge and discourage public recreation inside the units. Most of the Wilderness additions would come from Alaska, a state which already accounts for 90% of all Wilderness designations in the national refuge system. Overall, Alaska accounts for 62% of all federal Wilderness, a heavy burden for one state to carry. RDC ®xp40*Jhat existing and proposed Wilderness designations in Alaska adversely imps Access, recreation, camping, fishing and hunting, as well as most other hVmo activities. When lands are withdrawn from multiple use and closed to d"lppment, economic opportunities are not only lost in the minerals, timber and errgy industries, but tourism, too. Wilderness designations forbid the construction of roads and tlities which attract visitors and support new visitor opportunities. RDC also objected tomy action which would4*emphasize public recreation in the national wildlife refla : The proposed ailter6sovi a would Continue a trend toward restricting recreational opportunities and ao6sss..in Alaska refuges. "Since so much of Alaska is inaccessible et geographical barriers ?nd the lack of infrasocture, the last thing thus to � are federal conserva- ;onunits with policies discouraging public recite ploo," ADb, said in its comments. "What Alaska doe&, wed are facilities'and policies uljlYh 0ilow greater public use and enjoyment ofita iomote refuges and parks. i ceess to and from the refuges, along with new facilities for recreation and tourisrt~l l are nesoed if these refuges are to be visited and enjoyed by potential users, otherthan refuge employees and their friends." In its comments, RDC pointed out that the draft environmental impact statement, as written, is deceptive in that it masks the true extent of ,oposed Wilderness additions by assuming a . <.se acreage which provides fer -n more Wilderness additions by Congressior3� actions which have not yet cc:. erred. New group. wants more Wilderness Although Alaska already carries the burden of supporting two-thirds of the nabon'sdesignated Wilderness zones, 90 percent of its refuge lands and 70 percent of all park lands, a new national environmental group has formed to lobby Congress exclusively on expand- ing Wilderness designations in the 49th state. The first priority of the new Alaska Wilderness League will be to convince Congress to designate the Coastal Plain of the Arctic National Wildlife Refuge as Wilderness. The League is likely to be unpopular in Alaska where a clear majority of residents favor re- sponsibie oil 'development on the Coastal Plain, America's most promis- ing onshore oil and gas prospect. The organization's chairman is former Rep. Bob Mrazek, a New York Democrat who led battles in the House to reform management of the Tongass National Forest and to turn ANWR's Coastal Plain into Wilderness. The re- sults of Mrazek's efforts have been felt in Southeast Alaska where the Alaska Pulp Corporation recently announced the September 30 closing of its Sitka pulp mill. Tongass reforms are largely to blame for the closure and the subse- quent loss of hundreds of jobs. "We're not just a bunch of Outsid- ers trying to lock up Alaska," Mrazek said in a,prepared statement. "We're interested in seeing Alaska move to- ward a sustainable economy..." Alaska Senator Ted Stevens sniffed at the idea that Mrazek would be behind any environmental initia- tives promoting economic diversity for the state. Stevens noted that Mrazek and the environmental community have fought to stop mining, logging and of development in Alaska. "Whet would they like us to diver- sify to?" Stevens asked. "Maybe we could run bed and breakfast opera - (Continued to page 7) Page 6 / RESOURCE REVIEW / July 1 GE 3 ),ness to cover Windy Craggy is decision to cre- e wilderness park glass, $8.5 billion )osit in the remote am British Colum- fuming mad and ;mping for joy. ie conclusion that wilderness and the activities could not 3r Michael Harcourt reation of the mas- rk directly over the )er deposit north of rcourt was forced to oice between envi- niners, who battled her the area should raction used for the ie copper mine at laration kills the pro - on ndy Craggy old aeddes Re- uver has said it will ation of "several hun- s" from the province -hat the province is Geddes has spent on exploration and value of its proposed )s League ... i from page 6) of ex -congressmen obs." ague is being led by a io did not run for re - of the House check- s, it looks like this will eme environmental I purpose is to solicit m the public to pay to gain headlines from " said Senator Frank a Washington, D.C.- ib I ,ist, will open a. Th _aague's board irimarily made up of mentalists, including i former Sierra Club aho Governor Cecil mine would range from $110 million to $620 million. Windy Craggy became a lightening rod for environmental activists, who even- tually attracted the support of Vice Presi- dent Al Gore. The Vice President praised British Columbia for setting aside the region as a park, which U.S. officials hope to merge with two national parks in Alaska to create a 21 million -acre pro- tected wilderness, the world's largest. The area, about the size of Ireland, is largely inaccessible to humans and would be off limits to all development. It is popular with river runners who pay thousands of dollars to raft the Tatshenshini and Alsek rivers. Environmentalists claim Windy Craggy's demise is one of the greatest conservation victories since the pas- sage of the Alaska Lands Act in 1980. However, newspaper columnist Terence Corcoran warned that the decision to create the huge wilderness preserve is yet another example of "mail-order pro- fessional environmentalists seizing the public agenda on economic develop- ment." "Today, no government dares lift a finger in favorof a new mine or resource project lest one of these interest groups Andrus, who as Interior Secretary un- der President Carter was instrumental in putting 104 million acres of Alaska into parks and refuges through the pas- sage of the Alaska Lands Act in 1980. This group purports to be a 'good mix of Alaskans' and others from out- side the state, when a close look at their board of directors reveals just one Alaska resident," said Debbie Reinwand, executive director of Arctic Power. "We view this group's efforts as a direct slap in the face to Alaskans -- what they are saying is we are not responsible enough to chart our own future on land use issues." Reinwand said Alaskans view the creation of the Wilderness League as a rallying cry to arms. "if they intend to lock up ANW R, they'd best understand it won't come easy." fly into a public relations rage and spread fear throughout the population of a pos- sible environmental apocalypse," Corcoran said. The Canadian decision has brought relations between government and indus- try to a new low. Miners claim policies are driving industry out of the province. Alaskan miners warn the Canadian action was not an isolated example of the mining industry being booted out. They say similar policy decisions have become the norm throughout the U.S. In a recent front-page editorial, the Wall Street Journal detailed how the mining industry is relocating to South America. The number of U.S. and Ca- nadian mining companies operating in Latin America has more than doubled over previous years while exploration spending in North America fell sharply. "The companies are leaving the U.S. with the blessing, if not open encouragement, of the Clinton admin- istration and Congress, which are pro- posing even stiffer environmental regu- lations and new royalties on metals on public lands," the Journal said. The environmentalists' Windy Craggy victory will cost the region 2,500 jobs. State to sue feds ... (Continued from page 6) royalties from federal lands, but over the years the federal gove m ment has restricted orprohibiteddevelopmenton many ofthose lands, Hic kel said. The statedeserves com- pensation for the natural resources that have been locked up, he said. "Whats unique about Alaska is the pattern of land ownership," Hic kel said. 'There was a guarantee that we would use the land to create an economy." A little less than two-thirds of Alaska is owned by the federal government. The state's economy is almost entirely based on resource development, but ever-increas- ing amounts of land have been put off limits to development, locking up key resource deposits vital to Alaska's economic health. July 1993 / RESOURCE REVIEW / Page 7 But you awn the land .. don't you? Across the nation, property owners are battling to protect their rights. In South Carolina: David Lucas paid $900,000 for two beach front lots. He planned to build private homes, but the state quickly passed an ordinance outlawing all development on the beaches. Mr. Lucas sued. He had to take his property rights battle all the way to the U.S. Supreme Court, which ruled that, if he could not make reasonable use of his land, he must be reimbursed. In Oregon: A couple purchased 40 acres of scrub forest after being assured by the county planning commission that they could build their retirement home on the land. Then the county changed its zoning laws, and told them they could not build because the construction did not relate to development of forest resources. Their property rights case now is in the Ninth Circuit Court of Appeals. In California: A couple purchased a beach front lot, where they wanted to build a two-story home similar to others nearby. The California Coastal Commission said they could build —if they gave the state one-third of their property for a park. The couple sued. They also had to go the judicial distance. The U.S. Supreme Court called the Coastal Commission's demand "extortion." And in Alaska: A gold miner whose claims are within Denali National Park was working a placer deposit according to sound environmental principles. The National Park Service shut him down, telling him he couldn't mine if his operation caused any surface disturbance. His property rights case now is in Federal District Court ... As environmental regulations proliferate at all levels of government, prop- erty rights are being compromised with increasing frequency. Preservation of cherished property rights requires constant vigilance and involvement by advocacy groups. And action by us, the individual property owners. Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Ms. Carol Freas Clerk City of Kenai 210 Fidalgo Avenue Kenai AK 99611 XO/11 ZA o., AVC. Bulk Rate U.S. Postage PAID Anchorage, AK Permit No. 377 P LA LU ao. e ILj X p U. U. > 4 01 z Gi Y LL z 5? 03 cm tpq Zm In= • � � ",� r�� ,Qy ti' vp � • �II � Q R • = ffYll � ii •••••••a••••••s•••••••••• ii•i•••••••• OC �� CA �:�4 s.. S t+rh p • Rea •.. � .nnay Off_.. ■ - ii R i �i '16 + 1 N 2 � Mr1�11F y C T Al 40 cc C4 LL �Z WIZ W WIQQ Z,' IN Ub V Uj UjNY W (4,,. o iA N a All* u i { //���� V' W OM,W W U _ JU�V1 ,z J U - F- J' in W z W _ ai . Ci W in 3 m O M O W y; Z L W G) Y W Z d m ZQ UU fJ3J>U gZ<F-�<< mp0 O U Y 7 [ W Z wNY Y;+Tj 'UN.YYIVxLJ ce U y' N QI 0 f- LU ® N a z z ►� N N fir; F Kenai Chamber of Commerce 402 Overland Kenai, Alaska 99611 (907) 283-7989 (907) 283-7183 (Fax) IT9017111100 IWAIT(CIE The Kenai Chamber of Commerce in conjunction with the Kenai Police Department is in the planning stages of developing a "BUSINESS WATCH" program for our business members. Crime in our local area is increasing and our goal is to provide information to our business members advising of existing or potential items of concern. This information could be in the area of vandalism, NSF check concerns, shoplifting, etc. This vital information would be faxed to the Kenai Chamber of Commerce as it becomes available from the Kenai Police Department. The Kenai Chamber staff would then fax to approximately ten(10) members who would be responsible for faxing to two(2) additional members. At present, we need to ascertain how many of our members are interested in participating in this program. In addition to the above, the Kenai Police Department will provide information and seminars to interested businesses, providing training as to how to become aware of potential problems, and procedures which can be used to avoid problems. If you would like to participate in the Kenai Chamber of Commerce "Business Watch" program, please complete the bottom of this letter and either fax to the Chamber at 283-7183 or mail completed form to 402 Overland, Kenai, Ak. 99611. If you have any questions, please don't hesitate to call. BUSINESS NAME: CONTACT PERSON: NATURE OF BUSINESS1 TELEPHONE: FAX NUMBER: m POO 9 o 1616Ono 4� N '~ •� w •� � O u C64 - 10i ." a. .�.� '� A low ..An y.V. p Y y� M '1 V O R wy°aE `a ° wg w aQ: �•v o 3 A v;;Ss �wM g QQ' wo Sol V G t' v V p v '� w g V V •r A al CD ,� ,�• bD 0 � � 0 `� 0 �+ O i� R �I �, w (J v 1r+ a It . , �" �►+ .�i -0 Ow oo a o to xO.��ao �•a•`��a� Rey+ �" as y p. w w a d v, it U R V a r�'i w .'� 2p .+ y �+ xl A M V OD i� P Q 0 w V be� a a w� F a. � A l 'a o. A a b tar De. 7 Q y 8 O a 1w a� .rr V ] � a Idg le �� a a z O vow Q d CIO V N a� � d d �v sa < (Of w � a v V A4 0 w C � a y E O Rto p It I INN 40 g� PC °o e3 41i .0 ui %i t4 ad 0; e Y tl OYO o O � GAL W Y , O W � • P. • es • a t! f+ �e ■ • i�40 Y N � d � O S w°O < p a d Old In tl GREATER KENAI CHAMBER OF COMMERCE ANNUAL SUMMER BEAt)'TIFICATION CONTEST RESIDENTIAL GRANDOVERALL ilk 1ST, 2ND, AND 3RD PLACE lot COMMERCIAL GRAND OVERALL 1ST, 2ND, AND 3RD PLACE TO ENTER: 1. Complete entry form below. 2. Entry forms for judging will be accepted until 2:00 p.m., Wednesday, August 4th,1993. 3. Judging will take place on Thursday, August 5.1993. 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 a 0 0000 ............ 0 00 0 0 a 0 0 0 .... . RESIDENTIAL ( ) COMMERCIAL ( ) NAME OF ENTRANT: ADDRESS OF ENTRANT: PHONE NUMBER OF ENTRANT: YOUR NAME(Optional): Entry Deadline: August 4,1993 20 00 P.M. 04 000900 see* 0000000000 off* SUBMIT TO: KENAI CHAMBER OF COMMERCE 402 Overland Kenai, Alaska 99611 PHONE: 283-7989 FAX: 283-7183 ,SUPA PRODUCTIONS ACCOUNTING 000 WORDPROCESSING 000 NOTARY 0 Susan rwk P.O. Box 3628 Kenai, AK 9%11 Telephone (907) 776-5620 Facsimile (907) 776-5684 0 PAYROLL SERVICES FOR ONLY $20.00 PER PAY PERIOD FOR UP TO 5 EMPLOYEES INCLUDES PROJECT / DEPARTMENT / WORKERS COMP ALLOCATION REPORTS 7 CALL 776-5620 FOR MORE DETAILS 8 N I 22 Q Z (� to �cre�0`Ladm am� Ken.ttic Kati !4 .IM4 cd E—+ *41 a'"' joF Kt,µ !DRIVE A LITTLE - SAVE A LOT - AT THE... I. to � `y Soya.!' dr AL.. ca`o OL�+tn s4 � D I -fo Rhc)A o rb9t %�Mi k A LOM RESTAURANT Featuring exceptionally good food, excellent service, deluxe rooms, bed & breakfast style, satellite television in each room and sauna & spa tubs for the ultimate in relaxation. Spa Tubs & Sauna * Phones In Every Room * 776=5259 Deluxe Rooms & Very Good Food * Daily Specials - NEW BREAKFAST, LUNCH & DINNER MENUS111 `We're located at mile 21 of the Spur Hwy.' — Just across from Unocal. — Central Peninsula 250 HOSPITAL PLACE • SOLDOTNA, ALASKA 99669 General Hospital (907) 2624404 A member of Lutheran Health Systems Dear Chamber Member, Central Peninsula General Hospital has recently been contacted by a major retail firm with a request that our hospital provide follow-up for an employee incident relative to the Occupational Safety & Hey th Administration (OSHA) Blood Borne Pathogen rule. We wish to know if this service would be of use to you in your business. We are interested in determining the interest in our communities for this type of service, as we are a community based hospital and wish to sheet the needs of our business and community members. If you have any interest in the above, health education or follow-up issues, please mail your responses to : CPGH ATTN: Chris Huss 250 Hospital 'Place Soldotna, AK 99M Or give us a call with your requests. Contact or Chris Huss at 262-8172 or Sheila Nordale at 262-4404 ext. 252. [ ] Please contact me with further information: Business name: Address: Contact person: Phone #: I would be interested in receiving education for my business on the following topics: APPLICATION FOR CONTRACT PAYMENT NO. 1 PAGE _1 OF 7_ PROJECT: KENAI MUNICIPAL AIRPORT TAXIWAY A-3 RECONSTRUCTION TO (OWNER): FROM (CONTRACTOR) ENGINEER: CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 DOYLE CONSTRUCTION HC01 BOX 1225 KENAI, ALASKA 99611 WINCE -CORTHELL- BRYSON P.O. BOX 1041 KENAI, ALASKA 99611 fa CAUWA IIIEEI'ihG OF ram/ woo-. c" at e 41M�t I*Nftd asO OK Oft C] APPROVE D BY BY COUNCIL DATE CITY CLERK PROJECT NO._3-02-0142-16 PERIOD FROM 7/6/93 TO 7/24/93 ADJUSTED CONTRACT AMOUNT TO DATE PAY REQUEST FOR CITY USE 1. ORIGINAL CONTRACT AMOUNT 2. NET CHANGE BY CHANGE ORDERS 3. NEW CONTRACT AMOUNT TO DATE $184,873.40 0 $184,873.40 WORK COMPLETED 4. TOTAL COMPLETED AND STORED $65,347.69 i ✓ 5. LESS RETAINAGE OF 10 PERCENT ✓ 6,534.77 ✓ 6. TOTAL EARNED LESS RETAINAGE $58,812.92 I 7. LESS AMOUNTS OF PREVIOUS PAYMENTS 0 I ✓ j 8. BALANCE DUE THIS PAYMENT $58,812.92 DISTRIBUTION OF EXECUTED PAY ESTIMATE "k c�Q OWNER ENGINEER CONTRACTOR —f / i t ,&_ .ro . to 9 r V �W_ (z 0 6 APPUCATION FOR CONTRACT PAYMENT NO. 7 1 PAGE 1 OF 9 *_alep - `7 PROJECT: KENAI AIRPORT DRAINAGE & SAFETY ZONE IMPROVEMENTS TO (OWNER): CITY OF KENAI �/U� /��/ =, 210 FlDALGO FOR COUNCIL tNZETihG OF �- City Mgr. —(] Attaraey KENAI, ALASKA 9%11 e k works —[] City Clot F FROM (CONTRACTOR) : ZUBECK, INC. &*W T SiWitted B 7983 KENAI SPUR HIGHWAY WWII °K ❑"0 0yes Ci&--► KENAI, ALASKA 99611 ENGINEER: WINCE— CORTHEU-- BRYSON P.O. BOX 1041 KENAI, ALASKA 99611 J . APPROVED BY COUNCIL DATE CITY CLERK PROJECT NO. AIP 3-02-0142-12 PERIOD FROM 12/14/92 TO 7/24/93 ADJUSTED CONTRACT AMOUNT TO DATE PAY REOUEST FOR CITY USE 1. ORIGINAL CONTRACT AMOUNT 2. NET CHANGE BY CHANGE ORDERS 3. NEW CONTRACT AMOUNT TO DATE $1,360,170.80 0 $1,360,170.80 ✓� i WORK COMPLETED 4. TOTAL COMPLETED AND STORED / $1,287,576.86 v I 5. LESS RETAINAGE OF 2 PERCENT $25,751.54 I 6. TOTAL EARNED LESS RETAINAGE $1,261,825.32 7. LESS AMOUNTS OF PREVIOUS PAYMENTS $1,244,866.23 8. BALANCE DUE THIS PAYMENT i $16,959.09 DISTRIBUTION OF EXECUTED PAY ESTIMATE OWNER ENGINEER CONTRACTOR APPLICATION FOR CONTRACT PAYMENT NO: PROJECT: KENAI STATE COURT HOUSE KENAI MAW ANER: CITY OF KENAI 210 FIDALGO ST. KENAI, AK. 9%11 FROM CONTRACTOR: G & S CONSTRUCTION BOX 1493 SOLDOTNA, AK. 9%69 ARCHITECT: MCCOOL CARLSON GREEN APPROVED BY COUNCIL DATE CITY CLERK PAGE 1 OF 5 y �t 9. S o. „Cy3 FOR COUNT/. nnAA'4� City +oqrwo. ----(� Attorney 1 vUL 993 rts ---0 City Clark Received Pn c Of Kenai 0rWW To =-- Submitted Bit Works 0* Hoch OK [)N,c [)Yes Ck-- PERIOD FROM:7-12-93 TO:7-22-93 ADJUSTED CONTRACT AMOUNT TO DATE PAY REQUEST FOR CITY USE 1 IGINAL CONTRACT ACOUNT $4704000.00 T CHANGE BY CHANGE ORDERS $93t94,W _� 4 2.7 v o 3. ON CONTRACT MIOIN4T $5635627.00 ✓ 4. TOTAL COMPLETED AND STORED-mtNw. w 41104 1-1- a0 5. LESS IETAINAGE OF IV PERCENT 40WA:-W 44 I 0 401" 6. TOTAL EARNED LESS RETAINAGE 1l43W Te 4 0:14AA-A. DZ ✓ 7. LESS AMOUNT OF PREVIOUS AMOUNTS $ 093952.40 ✓� B. BALANCE DINE THIS PAYMENT-33296i 3E}-- A$ 4.&I. Jk 6J evy' fa /4. C. oK e,aQ DISTRIBUTION OF EXECUTED PAY ESTIMATE ALASKA COURT SYSTEM — 00 — ARCHITECT/ENGINEER CONTRACTOR n I CENTRAL REGION DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 4111 AVIATION AVENUE Pa BOX 1%900 ANCHORAGE, ALASKA 99Sl"900 44109 Sterling Highway Suite D Soldotna, AK 99669 July 27, 1993 c3 City of Kenai -� -- - Keith Kornelis Public Works Director 210 Fidalgo Kenai, AK 99611 Dear Mr. I li Ke , as we discussed earlier this spring, I plan to seed the area in front of Dairy Queen and the Forest Drive intersection. The crew in Soldotna has been very busy and I apologize for not getting it done sooner. The guardrail is a project I would like to get done but for the past two summers we have not gotten that far down on our priority list. The strip between the sidewalk and the street in all honesty will not be done unless a special appropriation is made strictly for that project. I do not have the funds or the personnel to accomplish this job. I thought our street sweeping went off rather well this year, especially in Kenai. As we discussed when we began our street cleaning this spring, we could find no suitable dump spot in Kenai as the brooms would get stuck. If we could have a spot of your choosing made available for our brooms it is conceivable we could get an earlier start in Kenai. If you recall we discussed the big area by the ball fields. Thanks again for your continued be of further service. incerely, George Church Peninsula Area Superintendent support and let me know if I can FACILITY CONSTRUCTION AND OPERATION 410 WILLOUGHBY AVENUE, JUNEAU, ALASKA 99801 DEPT. OF ENVIRONMENTAL CONSERVATION �a peceived City of Kenai Public WO KS OeDti Mr. Keith Kornelis Public Works Director 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Kornelis: July 22, 1993 WAL7 Tel. (90 /) 400-0 140 Fax: (907) 465-5177 .... ........: . FuR w�i��z� 1,."EF11NG OF p--� —� t;ity n,9r. —Q Attomey j X-g7pa lic works --0 City Clerk Oriqinal To Submitted By— . .ounci: OK r -J _IYes Ck— Enclosed is a fiscal year 95 Capital Budget Questionnaire for the Alaska Department of Environmental Conservation's 50% Municipal Matching Grant Program. If you wish ,�-- to have water, wastewater or solid waste projects considered for State funding assistance, please fill out one form for each project and return to me by September 17, 1993. If you need technical assistance in filling out the questionnaires, please contact either of the following persons: Mike Burns, Anchorage 273-4217 Dan Garner, Juneau 465-5144 Also enclosed in this letter, is a copy of the criteria which we will use to evaluate and prioritize projects for grant assistance. Each year we review the criteria and consider changes in order to accommodate the changing needs of the Alaskan communities as well as changing legal requirements. We believe the current criteria system provides a mechanism for balancing the many different kinds of needs that have historically been present in Alaska as well as the anticipated needs of the future. The criteria system this year has not changed from last year. rd 87A7E OF WAUER /. f., - /q7 DEPARTMENT OF REVENUE 550W 77HAVE ANCHORAGE, Ausru 9=14M ALLOW�L/CBEVERAGE W&TAOL BOARD July 28, 1993 Kenai Mountain, Inc. dba "Mr. D's" 431 W. 7th Ave. Ste. 103 Anchorage, AK 99501 Re: 1993 application for renewal of Beverage Dispensaryfrourism liquor license, "Mr. D's" - Kenai, Alaska Case No. 93-21 Dear Licensee(s): At its meeting of June 17-18, 1993, the Alcoholic Beverage Control Board took up final consideration of the above application. The City of Kenai protested your application and the board did not find the protest arbitrary, capricious, and 17 unreasonable. Therefore, your application is denied. A copy of the city protest is enclosed. Under AS 04.11.510(b), you may appeal the board's decision by requesting an informal conference with me or the board itself, or a formal administrative hearing under AS 44.62. You may request a formal hearing by completing the enclosed Notice of Defense and Request for Hearing form. The form must be returned to this office within fifteen (15) days from receipt of this letter. If you have any questions, please do not hesitate to call. Sinc sly, Patrick L. Sharrock Director (907) 277-8638 PLS/akj By Certified Mail Enclosures cc: Teresa Williams, Assistant Attorney General City of Kenai 1791-1991 CITY OF KEN: G'apdal a j Aa,.t4d - . _ 210 FIDALGO KENAI, 04AI KA 9"11 TELEPHONE 293.7535 FAX 907.283.3014 July 23, 1993 Janet George Central Region Planning Manager Alaska DOT/PF PO Box 196900 Anchorage, AK 99519-6900 Dear Ms. George: I received John D. Horn's letter of July 12, 1993, concerning project priorities a few days ago. Yesterday I received Commissioner Campbell's letter of July 2, 1993, which made Mr. Horn's letter a little more clear. I understand that DOT/PF is making some major changes in the ISTEA program and the state's STIP. The City of Kenai has two projects that have been included in the Kenai Peninsula Borough's (KPB) priority list for ISTEA funds. Forest Drive is a Class III State maintained road that needs improving. If the State was to properly upgrade Forest Drive the City would be willing to take over the maintenance. The Mission Street Improvement Project has been listed by the KPB for ISTEA enhancement funds for FY94. I have enclosed project descriptions and justifications for these two projects. Sincerely, Keith Kornelis Public Works Director KK/kv cc: Pat Beckley, DOT/PF Rob Robson, KPB 1791-1991 CITY OF K.ENAI G'dpdal 4Z „ 210 FIDALGO KENAI, ALASKA 910511 TELEPHONE 263.7535 FAX 907-283-3014 TO: Keith Kornelis, Public Works DiLector FROM: Jack La Shot, City Engineer (-qr DATE: July 23, 1993 SUBJECT: Aw&&Wed Damigfmo and Jusfificadons- LSTEA According to your request I have written up the following project description and justifications. FOREST DRIVE Project Description This project will reconstruct Forest Drive from the Spur Highway north 1.0 mile to Redoubt Drive. The existing rural ditch and culvert, strip paved section will be replaced with underground storm drainage, curb and gutter, sidewalk, and a new bike/recreation path. Project Justification Due to underlying frost -susceptible materials, Forest Drive experiences severe frost heaving. The large bumps and pavement fractures create an unsafe situation in this rapidly growing residential area which also serves an existing grade school and is being planned for another. The open ditch drainage system is inadequate to accommodate local runoff and side street drainage. Also, the existing sidewalk/bike path is heavily damaged and hazardous for walking, running, and biking. MISSION STREET 04P'RO 05CE TS Project Description This project will place paving, curb and gutter drainage, parking areas, street lights and sidewalks in Kenai's heavily visited Historic District. The Russian Orthodox Church, Church Rectory, Fort Kenai, and several residences and businesses will be served by the new street. Project Justification At present, this area is served by a dirt/gravel travel way that is dusty, muddy, and poorly drained. Adequate parking is not available for the many visitors cars and tour buses. The new street and parking area will greatly improve our Historic District and benefit the local residents and businesses. JL/kv DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES CENTRAL REGION — PLANNING July 28, 1993 / WALTER I. HICKEL, GOVERNOR i i % 4111 AVIATION AVENUE Pa BOX 1969M ANCHORAGE, ALASKA 99S19-6900 (907) 2664462 (FAX 243-27741243-15121 RE: FY'94-96 Transportation Improvement Program Mr. Keith Kornelis City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mr. Kornelis: 17 Thank you for your telephone call/letter regarding the FY'94-96 Transportation Improvement Program. We will rank the project(s) you submitted based on our various criteria. Once these projects are ranked, they will be given to the commissioner to evaluate. A statewide draft plan will be prepared and distributed for public review and comment about mid -August. This review will include public meetings in the major urban communities, rural regional centers, and borough seats to capture input that may be been missed in the first evaluation. Again, thank you for the information you provided to us. Sincerely, Jane George Re ' nal Planning Manager JG/mc 87ATE OF �^ LASKA WALTfR /. N — U DEPARTMENT OF REVENUE 55D W 7THAVE ANCHORAGE, AusKA �D6o1�e ALG�AOL/C BEVERAGE G0NTROL "POD July 28, 1993 Kenai Mountain, Inc. dba "Mr. D's" 431 W. 7th Ave. Ste. 103 Anchorage, AK 99501 Re: 1993 application for renewal of Beverage Dispensary/Tourism liquor license, "Mr. D's" - Kenai, Alaska Case No. 93-21 Dear Licensee(s): At its meeting of June 17-18, 1993, the Alcoholic Beverage Control Board took up final consideration of the above application. The City of Kenai protested your application and the board did not find the protest arbitrary, capricious, and unreasonable. Therefore, your application is denied. A copy of the city protest is enclosed. Under AS 04.11.510(b), you may appeal the board's decision by requesting an informal conference with me or the board itself, or a formal administrative hearing under AS 44.62. You may request a formal hearing by completing the enclosed Notice of Defense and Request for Hearing form. The form must be returned to this office within fifteen (15) days from receipt of this letter. If you have any questions, please do not hesitate to call. Sinc ely, Patrick L. Sharrock Director (907) 277-8638 PLS/akj By Certified Mail Enclosures cc: Teresa Williams, Assistant Attorney General City of Kenai ✓' FACILITY CONSTRUCTION AND OPERATION 410 WILLOUGHBY AVENUE, JUNEAU, ALASKA 99801 DEPT. OF ENVIRONMENTAL CONSERVATION Ai` JUL 1993 Feceived City of Menai PubliC l 01" Rpt- Mr. Keith Kornelis Public Works Director 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Kornelis: July 22, 1993 WALi Tel. (90 / ) 4n0-0 l '+o Fax: (907) 465-5177 FUR I.UJ1111L 1',ILETING OF --' _C] t;;,y n�9r. --Q AttOMey A.-�Puoiic works —[] City Clerk —ci Finan e —I] Oriqinal ToSubmitted By- - ,ounci! OK -No-1YO,Ck— Enclosed is a fiscal year 95 Capital Budget Questionnaire for the Alaska Department of Environmental Conservation's 50% Municipal Matching Grant Program. If you wish to have water, wastewater or solid waste projects considered for State funding assistance, please fill out one form for each project and return to me by September 17, 1993. If you need technical assistance in filling out the questionnaires, please contact either of the following persons: Mike Burns, Anchorage 273-4217 Dan Garner, Juneau 465-5144 Also enclosed in this letter, is a copy of the criteria which we will use to evaluate and prioritize projects for grant assistance. Each year we review the criteria and consider changes in order to accommodate the changing needs of the Alaskan communities as well as changing legal requirements. We believe the current criteria system provides a mechanism for balancing the many different kinds of needs that have historically been present in Alaska as well as the anticipated needs of the future. The criteria system this year has not changed from last year. NCL Names 1993 All -America Cities The 1993 All -America City Award Program climaxed on the evening of Saturday, May 23 when ten AID -America Cities were announced by former Hawaii Governor William F. Quinn. The announcements followed three days of jury presentations and other activities in Tampa, Florida, where Mayor Sandra Freedman and Florida Governor Lawton Chiles had officially proclaimed an "All - America City Week." Operated since 1949 by the National Civic League (NCL) and sponsored since 1989 by The Allstate Foundation, the All -America City Award Program annually recognizes ten communities for constructive citizen participation and collaboration of the public, private and nonprofit sectors in identifying and solving critical issues. The 1993 All- flo� America Cities are: • Oakland California • Wray, Colorado • Delray Beach, Florida • Wichita, Kansas • Dawson County, Nebraska • Washington, North Carolina • Cleveland, Ohio • Pulaski, Tennessee • Forth Worth, Texas • Laredo, Texas All -America Cities Reflect Ethic of Community Involvement, Pride The ten winners were selected from among 30 finalist communities named in April. The Jury presentations, at which the 30 finalists formally present their community projects before a panel of 12 distinguished public affairs specialists, is the final stage of the annual award - selection process. Both Finalists and Winners are Distinguished William Quinn has served as foreman of the Jury since 1983. Remark- ing on the record applicant pool of 151 communities ftom which the 30 finalists were selected. Quinn stressed that "Both the ten winners and the 20 remaining finalists deserve our recognition and respect. The progressive spirit and grass- roots activism of these 30 communities is all dw nrae+a teitimrkeble giiv= the broad field>E owhichrtbek.weaesslecoW` The 20 remaining All -America City Award Finalists include: • Pasadena, California • Porterville, California • Redwood City, California • Galesburg, Illinois • Newton, Iowa • Lindsborg, Kansas • Owensboro-Daviess County, Kentucky • Bowie, Maryland • Prince George's County, Maryland • Jackson County, Missouri • Grand IsW4 Nebraska • Mocksville, North Carolina • Southport, North Carolina • Winston-Salem, North Carolina • Philadelphia, Pennsylvania • Pittsburgh, Pennsylvania • East Providence, Rhode Island • Plano, Texas • Yakima, Washington • Black River Falls Area, Wisconsin Incentive for Others to Excel Substantial benefits accrue to recipients of the All -America City Award, inddding an enhanced regional and national image and economic development due to recruitment of new businesses and residents. More impor- tantly, national recognition of the collaborative efforts of All -America Cities — and broad dissemination of their experiences and techniques — is an encouragement to other communities to undertake similar projects and activities. The projects and programs for which the ten 1993 All -America Cities were recognized are summarized on pages two and three of this issue of Civic Action. Finalist Pool Diverse Geographically and Demographically The 30 finalists came from 18 states representing virtually every region of the nation. Ranging in population from 2.000 (Wray, Colorado) to over 350,000 (Cleveland, Ohio), the ten winning communities dramatize the advantages of pooling local and regional resources and working collaboratively. For more information on the All - America City Award Program, contact: Wendy Dickstein or Barb Tafoya, NadonaLCivic-League,.(303) 571-4343. Civics and Business On Friday, May 28. the National Civic League and the University of Denver College of Business Administration convened a 1/2-day symposium entitled "Business and the Community: Meeting Shared Challenges." Held as a part of ongoing research funded by the Nord Family Foundation. the symposium was co -sponsored by Waste Management Inc.. the Denver Business Journal, Beyond Business. the Colorado Alliance for Business. and the Greater Denver Chamber of Commerce. The mission of the event was to inform business representatives, students of business administration, and execu- tives of community -based organizations and other nonprofits of cutting -edge patterns of corporate involvement in their host communities and corporate motiva- tions for fostering employee engagement in local politics and other community affairs. Program speakers included Peter Kinder, of Kinder. Lydenburg. Domini & Company. a Boston -based investment firm focusing on socially responsible investing: Robert Leaver. president of New England Business for Social Responsibility: David Bohmer, president of the National Association of Grassroots Oreanizations: Richard Steckel, author of Doing Best by Doinq Good: and Howard Rothman. author of Companies with a Conscience. .-among the %clues of the -Business and the Community" symposium were the necessities of 1) integrating business and employees with community life. 2) holding corporations responsible to the society that legally created them and sanctions their activities, and 3) under- scoring the critical role of the private sector in public problem solving. A transcript of the symposium proceedings is now available. To order. contact: Laurie Hirschfeld Zeller. National Civic League, (303) 571-4343. Inside Civic Action • 1993 All -America Cities profiled, pp. 2-3 • REvtEw explores "civic infrastructure," p. 4 • 997H National Conference on Governance (insert) OFFICERS Chairman: Hon. William F. Winter, Watkins Ludlum & Stennis. Jackson. MS Treasurer: James G. Nussbaum. Denver. CO Secretary: Joan Hammond, Discovery Institute, Seattle, WA President: Jain Parr, Denver. CO Vice President: Christopher T. Gates, Denver, CO DIRECTORS Don Bennhhgboven. California league of Cities. Sacramento, CA Angell Blackwell, The Urban Strategies Council. Oakland, CA Robert C. Bobb. City Manager. Richmond. VA John Claypool, Greater Philadelphia First Corporation. Philadelphia. PA Dr. Thomas Cronin, Whitman College, Wallah Wallah. WA R. Scott Foster. National Academy for Public Administration, Washington. DC Hon. Sandra Freedman, Mayor, City of Tampa. Tampa, FL James O. Gibson, The Urban Institute. Washington. DC Charles M. Green, Deputy Mayor for Intergovern- mental Relations. Philadelphia, PA Dr. John Stuart Hall, Arizona State University, Tempe, AZ Dr. Lenneal J. Henderson, Jr., University of Baltimore. Baltimore. MD Theodore Hershberg, University of Pennsylvania. Philadelphia, PA Gracie Hillman, League of Women Voters of the United States, Washington, DC Dr. Curtis W. Johnson. Office of the Governor. State of Minnesota. St. Paul, MN Anna Faith Jones, Boston Foundation. Boston, MA James I? Kunde. Coalition to Improve Management in State and local Government, Indianapolis. IN Liane Levetan, Chief Executive Officer, DeKalb County. GA Gail Levin, Community Relations Consultant. Longboat Key. FL Donald McIntyre. Central City Association. Los Angeles. CA Frances Moore Lappd, institute for the Arts of Democracy, San Rafael. CA Robert H. Muller, J.P. Morgan Securities. Inc.. New York, NY John B. Olsen, Pittsburgh, PA Neal R. Peirce, Syndicated Columnist. Washington Post Writers Group. Washington, DC Mark Phiano, Southern California Association of Governments. Los Angeles. CA Robert H. Rawson. Jr„ Jones. Day. Reavis & Pogue, Cleveland, OH Cable Thornhill, Gteser Washington Research Center, Washington. DC David Vidal, Continental Insurance. New York, NY Dr. Henry R. Winkler. University of Cincinnati, Cincinnati, OH Linda J. Wong. The Achievement Council, Los Angeles. CA HONORARY LIFE DIRECTORS Terrell Blodgett. Austin, TX Henry G. Cisneros. Washington. DC James L. Hedand. Jr., Minneapolis. MN Horn. Cecil Morgan. New Orleans. LA Carl H. Pfors6eimer. Jr., Stuart. FL Robert H. Rawson. Sr.. Shaker Heights. OH Hoe. Terry Saadard, Durham. NC Haab, William W. Seratee. Scranton. PA Has. WiMmm W. Wyatt, Sr.. Louisville. ICY OddtmiC Cal lilwob (Ptip. 37Z2$2) An integrated community with a ivag uaditiom o(poiic participation gad civic involvement among its eitiaetn. Oddaed is aloo a city of contrasts, with broad iac I - I between its wealdtiaa mad Mast preaperots residents. Having lost a substantial proportion of its manufacturing base, Oakland also suffers from a range of turban ills. To eliminate the nuisance of drugs gad related crime from their oeigliberhoods, Oddand toddeataarg led "Safe Streets Now%" a program that identifies drug houses and initiates Meal action &Saim Landlords who fail or refuse to evict drug traffickers. The health statue of urban Native Americans are the worst for any group in the United States. Founded by community leaders, the Native American Health Center offers medical, dental, social. family, and youth services to the San Francisco Bay Area's 21,000 Native Americans, as well as members of other underserved, low-income groups. Following the disastrous firestorm that hit the Oakland and Berkeley Hills area in October of 1991, resident aamociatam format a netwotk of "Phoenix" orgy to respond to the denaisoion of over 2,700 homes. Initially addressing the emergency needs of displaced homeowner, neighborhood association representatives also worked with city officials to devskili new building codes and design -review practices to prevent the recurrence of the 1991 disaster in this area, prone to hot. dry windstorms. Contact: Judith Blair. Oakland -Sharing the Vision, 1201 Martin Luther King Way. Oakland, CA 94612; (510) 238-6707. Wray, Colorado (Pop. 1.999) Located on the eastern plains of Colorado, Wray faces the common small-town problems of retaining young residents, furnishing adequate health and social services and providing meaningful job opportunities while preserving its spirit of neighborliness. Prior to 1992, any Wray resident requiring, physical rehabilitative therapy food a duee-how drive. The commu- nity also lacked adequate retaevieml facilities. To fill those mods. a rim pa of public and private sector partners raised the funds necessary to construct and staff the Wray Rehabilitation and Activities Center, which features rehabilitative and athletic facilities and offers fitness, crafts. tutoring and other programs. To enhance the quality of medial services in their community while solidifying its standing as the center for health are in its rural region, Wray's citizens approved a S6.5 million bond issue to fund the construction of a new, state-of-the-art hospital which will emphasize family -oriented as well as acute and specialty medicine. Responding to rising incidences of child abuse, teen pregnancy and general disruption of the family, a consor- tium of human service professionals, business leaders and concerned citizens organized the Family Center Project, which offers parenting classes. counseling, advocacy, and other human services. Contact: Jane Buchanan, Prairie Commit- ment, 437 Emerson Street, Wray, CO 80758; (303) 332-5832. Delray Beach, Florida (Pop. 47.181) Concerned with downtown daaiaratiao, racial and dasstwsieea, polilie edaeatiao. etlmo -ardpeliticd conflict, citizees in Delray Beech cottttaioed tlnerriselves to redirecting their oetmmrtiily's frame Recognizing the Mime and b%M in ante or a few neighborhoods impacts the entire city, itiviolealla, modiants, police, and city ofllkA* irnt- * adghberhood watch, community policing and citizen patrol programs. Physical ddaiaearion has been reversed through a program, the construc- tion ofHabMltfor Herwi y;bomaes.ad voltrmtsar, wndosad "clean -type ,• AmBiutmg tie decline of their schools to county school board neglect, Delay Beach's citizen demanded new investment. the establishment of a triaill school program in ao existing facility, and the location of two new sciools within the city. In rearm, Delray Beads agreed to address issues of crime and substandard housing in the anss surround- ing schools. When the coarxy bond announced plans to close a deteriorated school complex. a citizen task force formed to find an alternative use for the site. The Malt was a voivalaer campaign to raise funds from a variety of public and private sources to historically renovate the complex and Qamfortn it into a culture and arts center, condeft of a theater, museam and space for arts instruction. Caatam Lute Butler, Director, Commu- nity Improvement, City of Delray Beach, 100 N.W. Fast Avenue, Delray Beach, FL 33444; (407)243-1194. Wlcbita, Kansas (Pop. 304.011) A progressive community with a stable economy, Wichita is justifiably proud of its accomplishments. In recent years, however, concern has grown over the spread and intensification of social problems plaguing the community's urban core. Rising to these challenges, four public and nonprofit agencies launched a collaborative effort to shelter at -risk youth from temptations to abuse drugs and engage in gang violence. In a "summer camp" setting, this program emphasizes awareness and constructive alternatives while building academic stills. Another antidrug effort — Project Freedom — united 750 c1dis na. businesses and agencies in a con ened initiative to fight drug abuse through educ Lion, law enforcement, treatment, prevention, and follow- up. To reverse a pattern of decline and deterioration in the city's District I neighbor- hood, a partnership of civic, religious and business groups founded the Northeast Community Restoration Project, which addresses social, educational and employment needs in the blighted area. Contact: Shhawna Mobley, All -America City Citizen Task Force, 806 North Main, Wichita, KS 67203, (316) 262-4270. Dawson County, Nebraska (Pop. 19,940) A high weer table and intricate irrigation- caral system has contributed to mote agricultural production in Dawson County's 1.000 square miles than from the entire cultivated acreage of some states. Agricultural emphasis, however, means dependency on farming, and the county was hard-hit by the "ag-depression" of the mid- 1980s. Fated with a population decline of 11 percent, numerous business closings and a residential real estate glut, towns in the county formed is Dawson County Ana& Economic Darelopohmmt Cot ma which has msoms@" in 7 IES ANNOUNCED IN TAMPA, FLORIDA I ,_" Is recruiting new businesses and training a large cadre of community leaders. On the leading edge of environmental awareness in Nebraska. Dawson County attic commpni* adopted Nebraska's first inter -agency agreement for solid waste managemem thus diveting a huge volume of compostable and mulchaWa material from landfills, while rtiditcia g the number of landfills needed to service the area's waste stream. A recently established industrial concern employing 2.200penions attracted many newcomers to Dawson C,oamty, many of them Hispanic and Southeast Asian. To address the needs of these newcomers and sensitize long- time residents to the need for change, the community instituted a variety of programs, including mud -cultural awansom and service centers, a homeless shelter and narneruus poverty relief and human and social service agencies. Contact: DeEtta Hartman. Dawson County Area Economic Development Council. P.O. Box 106. Cozad, NE 69130;; (309) 794-3902. Washington. North Carolina (Pop. 9,075) Rocked by the negative publicity of a water-supply,pollution scandal and a murky local murder case that made national headlines and inspired two television movies, residents of Washington were dramatically reminded that no community — regardless of site -- is immune to turmoil. To extend the promise of decent, affordable homeownership to more local residents, a nonprofit community development corporation launched Project Homo which. through the cooperation of a local lender and the assistance of federal Housing programs, has built 30 homes for families earning as little as 30 percent of the county median income. Project Home is now pursuing plans for substantial additional activity in the areas of renovation and multi -unit housing construction. Distressed over the presence of carcinogenic contaminants in Washington's drinking water supply, the city entered into a multi -jurisdictional agreement to construct a new water putiflcaalon systr m which will produce effluent suitable for use by a local textile industry. To encourage greater minority participation in civic and cultural events of the Washington -based Beaufort County Arts Council (BCAC), a citizertcommittee spear- headed a comprehensive reformatting of the organization's p0bgr'amming, placing greater emphasis on black culture and artists. African - American attendance and membership are now higher and an African -American woman currently serves as president of the BCAC. Contact Bobby E. Robason, City of Washington, P.O. Box 1988, Washington, NC 27889; (919) 975-9317. Cleveland, Ohio (Pop. 505,616) Earning the label "Tbe Comeback City," Cleveland has made great strides toward diversifying its economy, restoring the fiscal stability of city government and redeveloping its downtown. Vowing to avert the deadly confrontations between police and citizens that occurred in a number of Cleveland neighbor- hoods during the 1960s and 1970s, the commu- nity launched a broadly based program to reduce crime and promote positive relationships between police and residents. Substantially augmented since 1990, the ioidativo is now a model for other cities. Unprecedented in attendance and scope. Cleveland's grass -roots community "summits" were begun in 1990 to identify consensual strategies for education improvement. Designed to stern the flight of industry and middle class families. a working Partnership of city agencies and community development groups trtrggs Clevelnd's loiter city neighborhoods for reimvestimt and economic development. Through the program. more than $150 mril cm boa been invested in Cleveland neighborhoods sit =1990. and over 1 000 homes have beam either renovated or constructed Signs of success: Families are now moving back to Cleveland. Contact: Darksic McCoy, Mayor's Office. City of Cleveltatd, City Hall. Room 202.601 Lakeside Avenue. N.E., Cleveland. OH "113; (216) 241-5340. Pulaski, Tennessee (Pop. 7,916) Downtown blight, a troubled public ! housing system, scandal at the top of city government, and corm invasions of the Ku Klux Klan to "celebrate" the Martin L iher King, Jr. holiday caMribated to a cho tle of helplessness, confusion and indignation in Pulaski. Vowing to improve their community's economic circumstances, an all-voluraver committee of civic activists, business advocates and other leaders developed a marketing plan for industrial recruuitnmang while taking pains to mabdam positive relations with existing employers. These dFa ts, combined with a vocational training grogram for high school students. contributed to the recruitment of six new industrial concerns and the expansion of two existing firms, generating 1,200 new jobs. An element of load history of which most residents are not proud is dos fact that Pulaski is the site of the the Ku Klux Klan's founding in 1865. Citizem of Pulaski were outraged when white supremacist groups chose their city for an annual "homecot mif after federal enactment of the Martin Luther King, Jr. holiday. To counter the regular invasiioma, citizens established an annual Brotherhood Week dedicated to realizing the dream of a racism -free community. Moreover. in an unprecedented gesture of coordination and commitment. a grass -roots effort ensured the voluntary closing of all businesses and virtual desertion of downtown Pulaski When the white supremacists marched in January of 1990, thus frustrating their bids for attention and converts. Finally, clean-up, self- government and skills -building activities undertaken in the early 1990s have reduced crime and drug activity in Pulaski's public housing sector, permitting it to "re -join" the larger community. Contact Bettie Higgins, Community Activist, P.O. Bout 633, Pulaski, TN 38479; (615) 363-6994. Fort Worth, Texas (Pop. 449.791) The "can -do" spirit is alive and well in Fort Worth today, but such was not the case only a few years ago when suburban growth was stripping the city of residents and businesses, even as crime was terrorizing those who chose to remain. Distressed by the failure of city council candidaws to address substantive issues in a recent campaign, a tress-s ction of p dvate citizens said cotmnunky leaders fostmed the Fat Worth Vision Coalition to encourage dialogue and develop a strategy for the improvement of Fort Worth. Among the otiammts to date an the first city-wide. curbside meyc1mg; prnip in Texas and the establishtpent of direct public transportation service to the city's hospital district To fight lawlessness in the city's most crsne-tidden section. a pubUDgrivaiie pacer - ship of the city. civic groups, tillsim raid businesses was formed to ontydnet gang ittaventiomo recreational activities and citraea patrols, while improving pflike com Y relations. Disillusioned with the fined Ad — participation Processes ru mdosed by many federal aid programs. Forth Worth inesitmod the Targeted Area Planning (TAP) program to involve neighborhood reaidets and business owners directly in the praxes of motimg priorities and developing action plans. The TAP program leverages limited city Panda m a faddon that creates plans quickly and empowers grsss- toots leaders. Coraact Patrick A. Svwbw City of Fait Watb,1000 Throdotsbrtam. FasrYl► Mk TX 76102-6311;(817)971-6445. Lars" Totter: (Pop.122,11") Located directly on the U.S.-Menticm border, Laredo is a rapidly growing community with a high poverty rase (37 percent) and a predominantly Hispanic population (94 patent)• Hoare to the largest inland part in North America, the community sands to benefit Iaviddy from the lilting of msttfatisota an trade betwsan the United Statta _aid Mexico. Although many of Larpdo's families we low- income, they share the dream othameownership. To help realize that promise, the nonprofit Laredo Af bidable Housing Corporation (LAHC) was formed in 1990, dedicated to improving the city's housing stock. To date, the LAHC has leveraged fonds from a variety of sources to build 28 throe -bedroom homes that have been sold to low-income fataillies. When a Udvorshy of Texas study nereaiittl ismtdtrgly raa high es'6fdhibesesandIstpat11 'Ismindue Laredo Population. a af civic mw mx ial service agencies, local employers, health clinics. volunleors, and nonprofit groups fanned the Buena Vida Minority Health Coalition Program to coordinate efforts and services directed toward improving lifestyles and craning environments condncNe to batter health. The isolated, low-income Santo Niho neighborhood of Laredo lacked a branch of the city library system and many famAes in the an were either too busy or otherwise unable to access the awn brancilt. Combining l 1 d donations with a sole grant, a vacant city-owmid building has been converted into a branch library where the aajo objective is ter promote literacy thtatagh GM and English-as-a-Second-Laeguage classes. Contact: Cynthia Collazo. Department of Community Developsaau. City of Laredo, P.O. Box 1276, Lando. Txa8042-1276; (210) 791- 7364. The AIFAaaelca City AWiI.. ProWan, Is funded by s fFotMlrs Alhrtltsi North Brook, FordstaQe tle Oo pssptaat i ww pn*m is of du jsn 1$3 All. cow confect the Indkidwls fluted for . For store Inf ene- ilon out 11N A&Amw%@ Cky Aw &d Pi oV m coo- tact: WW* Ck* tleln or Oft TNap, IlsUatsl pile Logp k tom. Looking Ahead .. . 1~ Spring Issue of REVIEWSpotlights "Civic Infrastructure" Why are some communities successful at solving their problems and sustaining prosperity while others are not? The Spring 1993 issue of the NAT10NAL CIVIC REVIEW posits and develops the concept of "civic infrastructure" as a useful metaphor for answering this key ques- tion. The symposium section is opened with an essay by REVIEW publisher John Parr, defining civic infrastructure as a complex interaction of networks. norms and practices by which decisions are made and problems solved in communi- ties. Other symposium articles appearing in this issue include the following: - "What Malms Democracv Work?," by Robert D. Putnam. Certain communities do not enjoy a more vital civic life because they are prosperous, they are prosperous because they have a vital civic life. How do you make democracy work better? Start by strengthening the norms of trust, reci- procity and civic engagement that are indispensable to collective existence. - "Leadership and the Design and Use of Forums, Arenas and Courts," by Barbara C. Crosby and John M. Bryson. Communities need many leaders who understand people, groups, organi- zations, institutions, and communities, both as separate entities and as parts of complex interorganizational networks. Increasingly, effective leadership demands the ability to communicate vision to a diverse audience and knowl- edge of the vast array of venues in which decisions are made. conflicts are resolved and action is initiated. - "Building New Arenas for Civic Renewal: Smaller American Cities," by Suzanne W. Morse. Home to some 40 million Americans. smaller and medium - size cities contribute an important dimension to the economic. social and cultural life of the nation and its reeions. Sharing many characteristics with large cities — including the range of urban ills — smaller cities may nonetheless possess some unique civic capacities to hasten their renewal. Moreover, their experi- ences may hold lessons for our largest urban centers. - "Governance and the Civic Infrastructure of Metropolitan Regions," by Allan D. Wallis. Renewed interest in regional governance is evident around the nation as metropolitan areas attempt to address the challenges of a globalizing economy. environmental quality and social equity. Regions with strong community -based. intersectoral networks for decision making and problem solving already have a strong advantage: those that don't will have to try to stimulate its development or risk inexorable decline. - "The New Civic Infrastructure: Intersectorai Collaboration and the Decision -Making Process," by Jan Grell and GarjrGappert. Devolution to the states and localities of responsibility for economic development, funding of essential services, and many planning functions occurred at a time of greater - than -ever integration of the U.S. economy and unrelenting competition from abroad. What we needed was greater coordination but the response was increased fragmentation. Now and in the future, the external and internal chal- lenges facing our economy and society must be addressed through linkages and relationships among sectors and institu- tions. Other feature articles appearing in this issue include a study by John David Rausch on the effects of local govern- ment term limits and a paper by David Saffell on the congressional representa- tion of rural communities. Examining the experience of San Mateo County, California — the only jurisdiction in the United States where term limits have been in place long enough to have prevented an incumbent from seeking re- election — Rausch assesses the extent to which proponents' claims have been sustained by actual electoral outcomes and voter-tumout patterns. Saffell analyzes the voting record on six bills of interest to rural communities to assess the quality of representation received by small-town America during the 1980s. In addition to these full-length articles, the Spring 1993 issue of the REVIEW features Citizen Democracy, Proportional Representation. Restoring Confidence in Government, News in REVIEW. and Public Finance departments. as well as reviews of recently published books and announcements of awards and other events. Receipt of the NATIONAL CIVIC REVIEW is a benefit of membership in the National Civic League. To join, contact: Gloria Rubio-Cortes. 1-800-223-6004. Return to: Printed on Recycled Paper Using Soy Ink NONPROFIT ORG. NATIONAL CIVIC LEAGUE U.S. POSTAGE PAID 1445 Market Street, SUIte 300 DENVER, CO PERMIT NO.1110 Denver, CO 80202-1728 DON'T MISS THE 99T" National Conference on Governance "Building a Social Compact for America's Communities" November 11-13,1993 Sheraton Colony Square - Atlanta, Ga. lena>K rc:: r "Building a Social Compact for America's Communities" November 11-13,1993 * Atlanta, Georgia • Sheraton Colony Square Co -Sponsored by The Carter Center his national forum on community revitalization will show- case exciting new urban strategies and experiments from around the country, with special focus on President Jimmy Carter's Atlanta Project. Interactive panels and workshops will be supplemented with keynote addresses, visits to At- lanta Project sites, and programs at The Carter Center and The King Center. In presenting models of grassroots revitalization, the confer- ence will ask: "What are the strategies for disenfranchised neighborhoods and residents to become empowered and gain access to the resources of the greater community? How do we design partnerships to bring jobs, investment, family support, better education and social services into these com- munities? How do we foster economic and social justice in urban communities?" Register now to assure a spot and receive early registration rates! Member Non -Member Before 10/8/93 $200 $250 After 10/8/93 $225 $275 Includes all meals, receptions, transportation to off -site events, registration and materials. Call the Sheraton Colony Square for room reservations. Mention the National Civic League conference to receive the discounted rate of $80/night. 1-800-422-7895. Mail registration form with payment to: National Civic League, 1445 Market St., Ste. 300, Denver, CO 80202-1728; (303) 571-4343, or FAX (303) 571-4404. Tentatively scheduled: Henry Cisneros HUD Secretary, Washington D.C. Confirmed speakers and panelists include: Amitai Etzioni The Communitarian Network, Washington D.C. Andrew Young Atlanta Commission for the Olympic Games Dan Sweat The Atlanta Project Neal Peirce Washington Post Writers Group Angela Blackwell Urban Strategies Council, Oakland Henry Ramos The James Irvine Foundation, Los Angeles Robert Sherman Increase the Peace Volunteer Corps, New York City Harry West Atlanta Regional Commission Linda Wong RLA, Los Angeles Lenraeal Henderson University of Baltimore Also invited are: Reverend Bernice King Voice Communications Network, Atlanta Maynard Jackson Mayor of Atlanta Steve Goldsmith Mayor of Indianapolis George Latimer HUD, Washington D.C. Leo Estrada UCLA Brenda Shockley, Community Build Inc., Los Angeles Steve Minter Cleveland Foundation 99TH NATIONAL CONFERENCE ON GOVERNANCE REGISTRATION FORM Name and Title Organization Address State/City/ Zip Phone/Fax Name as it should appear on nametag ❑ Enclosed: registration fee(s) of $ (Make check payable to National Civic League) Payment: ❑ a check is enclosed ❑ Charge fees to my MasterCard or Visa ❑ MC ❑ VISA No. Exp. Date Signature THURSDAY, NOVEMBER 11,1993 I :OOpm - 4:00pm Affiliate Group Meetings* • All -America City Award Briefing Session • Regional Civic Organizations 6:00pm - 8:00pm Evening Reception at The King Center (transportation provided) FRIDAY, NOVEMBER 12 12:OONoon - 2:00pm Opening Luncheon Plenary Welcoming Remarks: Maynard Jackson, Mayor of Atlanta (inv.) William F. Winter, Chairman, National Civic League "Cause for Hope: New Strategies for Community Revitalization" Moderated panel dialogue featuring civic experts and representatives of urban revitalization efforts. Confirmed panelists: Angela Blackwell, The Urban Strategies Council, Oakland Neal Peirce, Washington Post Writers Group Robert Sherman, Increase the Peace Volunteer Corps, New York City Dan Sweat, The Atlanta Project Moderator: Jim Gibson, The Urban Institute, Washington D.C. Invited panelists: Steve Minter, Cleveland Foundation Brenda -Shockley, Community Build Inc., Los Angeles 2:00pm - 3:00pm Moderated small group discussions 3:15pm - 4:30pm Workshops: "A Closer Look" Five workshops on communities discussed above; each panel comprises a community leader, project volunteer/ grassroots worker, corporate/business person, and a civic expert serving as moderator. • Atlanta • Los Angeles • Oakland • Cleveland 6:30pm - 7:30pm Reception at The Carter Center 7:30pm - 9 OOpm Dinner Plenary Session Keynote address: Henry Cisneros, Secretary, Dept. Housing and Urban Development (tentatively scheduled) Moderator: Liane Levetan, DeKalb County, Georgia SATURDAY, NOVEMBER 13, 8:30am - 9:30am Plenary session Keynote address: Amitai Etzioni, The Communitarian Network, Washington D.C. 9:45am-11:15am Workshops: 'Tools for Community Revitalization" 1. Catalytic Leadership David Chrislip, National Civic League 2. Visioning/Strategic Planning Christopher Gates, National Civic League Harry West, Atlanta Regional Commission 3. Civic Infrastructure Derek Okubo, National Civic League 4. Healthy Communities Tyler Norris, National Civic League 11:30am - 1:15pm Lunch Session — Panel dialogue "Diversity and the Search for Common Purpose„ Diversity is central to any discussion of community. How do communities leverage diversity? Can they develop a common community vision while respecting diversity? Confirmed panelists: Lenneal Henderson, University of Baltimore r Henry Ramos, The James Irvine Foundation, Los Angeles Harry West, Atlanta Regional Commission Linda Wong, RLA, Los Angeles Moderator: David Vidal, Continental Insurance, New York City Invited panelists: Leo Estrada, University of California, Los Angeles Reverend Bernice King, Voice Communications Network, Atlanta 1:30pm - 4:30pm Atlanta Project Site Visits Participants will board buses to visit Atlanta Project sites, receive a guided tour, and talk with volunteers and staff. 6:00pm - 7:00pm Reception 7:00pm Closing Banquet Program Keynote address: Andrew Young, Atlanta Commission for Olympic Games (inv.) (inv.) = invited speaker NCL THANKS THE FOLLOWING FOR THEIR SPONSORSHIP OF THE 99TH NATIONAL CONFERENCE ON GOVERNANCE: BellSouth • Nestle, USA • The Prudential Foundation *A NOTE ON NCL AFFILIATE GROUP MEETINGS: There will be two pre -conference meetings on Thursday, November 11. At the All -America City Award Program Briefing, representatives of recently designated All -America Cities will answer questions from potential 1994 applicants. Also, a Regional Civic Organization (RCO) affiliate meeting will offer a forum for representatives of RCOs (e.g., citizens leagues, eaoroonvvc devekp- ment groups, city clubs, etc.) to share information on their activities and discuss possible joint efforts.