HomeMy WebLinkAbout1995-12-06 Council PacketKenai City Council
Meeting Packet
December 6, 1995
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
DECEMBER 6, 1995
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Bill Coghill - Mikunda Cottrell/City Financial
Statement and Audit.
2. Ron Rainey - LID Preliminary Request/Intervention with
the Habitat Divisions of Fish & Game and Parks for
Placing Structures Below Mean High Tide in the Kenai
River.
C. PUBLIC HEARINGS
1. Ordinance No. 1669-95 - Amending Kenai Municipal Code,
Chapter 8.05.010 to Adopt the Latest Editions of the
National Fire Codes and the Uniform Fire Code.
2. Resolution No. 95-73 - Transferring $2,500 in the
General Fund for Additional Money to Complete the
Repair and Replacement of Christmas Decoration
Transformers.
3. Resolution No. 95-74 - Authorizing the City Manager,
Thomas J. Manninen, to Submit to the State of Alaska an
Application for a Federal Grant for a Historical Public
Preservation Education Project for a Signage Project in
the Townsite Historic District and the Shkituk' Village
Site of Kenai, Alaska.
-1-
4. Resolution No. 95-75 - Transferring $8,000 in the
General Fund for Additional Miscellaneous and
Transportation Expenses in the City Manager Department.
5. Resolution No. 95-76 - Awarding the Bid for One Heavy -
Duty Ambulance to United Fire Service, Inc. for a Lump
Sum Amount of $127,513.00.
D. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
E. MINUTES
1. *Regular Meeting of November 22, 1995.
F.
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. Approval - Assignment of Lease/Ed Wehrstein to Garrison
Corporation, d/b/a Budget Rent -a -Car and Artha L.
(Bonnie) Koerber.
4. Discussion - Kenai River Boardwalk Project.
5. Discussion - Alcohol and Drug Testing Policies.
EXECUTIVE SESSION
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
-2-
J.
R.
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
DISCUSSION
1. Citizens (five minutes)
2. Council
ADJOURNMENT
-3-
MAYOR'S REPORT
NOVEMBER 22, 1995 COUNCIL MEETING
CHANGES TO THE AGENDA
ADD TO: I-2, City Manager's Report - Kenai Chamber of Commerce
request for City $500 "Flyway Club" donation/Snow Goose
Classic.
ADD AS: Information Item No. 18 - 12/1/95 DEC letter regarding
leased lot/former Kenai Aviation Services, Inc.
Information Item No. 19 - Pull -Tab Vendor Registration/
Alaska Central Baseball League.
Information Item No. 20 - 1996 Games of Chance and Contests
of Skill Permit Application/Alaska Central Baseball
League, Inc.
CONSENT AGENDA
MAYOR'S REPORT
REQUESTED
BY:
MANNINEN
CLERK
APPLICANT
APPLICANT
COUNCIL MEETING OF L-111-A 1
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CITY OF KENAI
SPECIAL ASSESSMENT PROCEDURES
A proposed Special Assessment project may be initiated by:
1. A petition from the property owners delivered to the
City Clerk.
2. A resolution from the City Council.
Generally, the petition method is the most common. The petition
must:
1. Contain a description of the desired improvements.
Examples are: gravel road, paved road, water, sewer, curbs,
lighting, storm sewers, driveways, etc.
2. Define the area of the work to be done. This generally
could be accomplished by identifying streets (such as: pave
"X" Street from "Y" Street to "Z" Road). If parts of the
project will have different improvements than other parts
(such as sewer in only part of the project), then care must
be taken in explaining this.
3. Be signed by the owners of 50% or more of the benefitted
properties.
The petition should be in the following form:
Special Assessment Petition
We, the undersigned property owners, desire the City of Kenai to
establish an assessment distri t in the following area:
Reques�tyed'� improvements include: /�Pti�,q� -9idF
`f L-yr ij%%r?.' 7777
Legal Description
of Benefitted Property
30
Borough
Parcel #
K 77-114,
t
Property Property
Owners Owners
Page 2
Special Assessment Procedures
It would speed things up if the petition included a plat map of
the area with the improvements drawn in.
No property owner may withdraw his approval for 6 months after
the petition is filed with the City Clerk, unless authorized by
the City Council.
The City Charter says that the City cannot levy an assessment in
excess of 25% of the fair market value of the property (after
taking into account the value of the work in the proposeil
assessment project), unless all benefitted property owners waive
the 25% limitation, and agree to accept on a proportional basis
100% of the costs of the improvements.
If the petitioners desire to waive the 25% limitation, then the
above language must be included in the petition, and all property
owners must sign the petition.
If the petitioners only want the project if certain conditions
are met, such as the assessments being limited to 50% or 75% of
actual costs, then that language must be included in the
petition.
Many things effect the length of time that it could take to go
from the petition stage to actual formation of an assessment
district by Council: complexity or size of the district,
availability of financing, verification of property ownership,
council meeting dates, and advertising, just to name a few.
However, it would be wise to figure on two or three months from
the petition being submitted to the Clerk to formation of the
district, if Council gives approval.
Title 16 of the Kenai Municipal Code gives full details of
assessment procedures. The title should be consulted.
CITY OF KENAI
210 Fidalgo Avenue
Kenai, Alaska 99611
Phone: 283-7539
CAB:dc
10/31/91
) 0.14 WtVT1 U " U
16.05.010
16.05.020
16.05.030
16.05.040
16.05.050
16.05.060
16.05.070
16.05.080
16.05.090
16.05.100
CIO
}�r• •!
Assessment Authority.
How Improvement Proposal Initiated.
Requirements of Petition.
Contents of Resolution.
Permissible Methods for Financing
Local Improvement Districts.
Authorized Capital Improvements.
Amount Assessed.
Costs.
Method of Assessment.
16.05.010 Assessment Authority: (a) The City Council may assess against the
property of a governmental unit and private real property benefited all or a portion of the cost
of constructing or improving capital improvements. any such special assessment shall be in
proportion to, and shall not exceed, the value of the benefit from the improvement.
(b) All benefited real property, including that which is exempt from taxation in
accordance with law, shall be liable for the cost of public improvements assessed unless
specifically exempted from assessments for public improvements by law. No assessments
shall be levied in excess of twenty-five (25 %) percent of the fair market value of property
after giving effect to the benefit accruing from the work or action for which assessed, except
S52-08/25/89
16-1
CITY OF KENAI
0
where all benefited property owners waive the above 25 % limitation and agree to accept on
a proportional basis 100% of the costs of improvements. (Orris. 791, 868-83)
16.05.020 How Imvrovement Provosal Initiated: An improvement proposal may be
initiated by:
(a) Petition to the City Council filed
in the proposed improvement district, or,
(b) Resolution of the City Council.
with the City Clerk, by the owners of property
(Ord. 791)
16.05.030 ftuirements of Petition: The petition shall include a description of the
proposed improvements. Unless all benefited property owners' signatures are required by
virtue of KMC 16.05.010, the petition shall be signed by the owners of fifty percent (50%)
or more of the properties which will be benefited by the proposed improvement. No property
owner may withdraw his approval of the proposed improvement for a period of six (6) months
after the petition has been filed, unless authorized by Council. (Ords. 791, 868)
16.05.040 Contents of Resolution: The resolution of the City Council initiating an
improvement proposal shall include a description of the proposed improvement and direct the
City Manager to make an investigation and report thereon. (Ord. 791)
16.05.050 Permissible Methods for Financing Local Imuz wer ent Districts: (a) By
general obligation bonds:
(1) Local improvement districts for capital improvements may be financed by
use of funds obtained from the sale of general obligation bonds approved by the voters
of the City of Kenai for such capital improvements.
(2) The principal and interest of general obligation bonds so issued shall be
payable from the levy of assessments so issued shall be payable from the levy of
assessments against the property benefited, but any deficiency in meeting payments of
principal and interest shall be made up by an appropriation from the general fund.
The assessments shall constitute a sinking fiord for the payment of principal and
interest on the bonds.
(3) Interest on funds borrowed to finance the capital improvement prior to the
sale of general obligation bonds shall be a cost of the improvement district.
(b) By special assessment bonds:
(1) The City Council may, by ordinance, authorize the issuance and sale of
special assessment bonds to pay all or part of the cost of an improvement in a local
improvement district. The principal and interest of bonds so issued shall be payable
solely from the levy of special assessments against property to be benefited. The
assessments shall constitute a sinking fund for the payment of principal and interest on
the bonds. The property benefited may be pledged by the Council to secure a
payment-
(2) Interest on funds borrowed to finance the capital improvement prior to the
sale of special assessment bonds shall be a cost of the improvement district.
S52-08/25/89
(c) By City funds (with or without subsequent recovery by assessment against
benefited property).
(d) By any combination of two or more of the above. (Ord. 791)
16.05.060 Authorized Capital Improvements: A special assessment district for a
public improvement may be initiated for any one or more of the following improvements:
(a) Streets, roads, parkways, street lighting, curbs, gutters, driveways, curb cuts, and
sidewalks;
(b) Storm sewers, drains, or settling basins;
(c) Sanitary sewers, including interceptors, collectors, laterals, and sewer service
connections;
(d) Parks or playgrounds;
(e) Off -Street parking facilities;
(f) Changes in channels of streams or watercourses;
(g) Water supply systems, including water mains, water distribution lines, water
service connections, and fire hydrants;
(h) Public shelters; or
(i) Street, road, parkway and sidewalk drainage, dust control, or snow removal.
(Ord. 791)
16.05.070 Erg= Assessed: The Council may assess for an improvement any real
property benefited or any interest in real property benefited, and the property benefited may
include abutting, adjoining, adjacent, contiguous, non-contiguous, or other property or interest
in property benefited directly or indirectly by the improvement. The property to be assessed
may include any property which is otherwise for any reason exempt from taxation by law.
A benefited property may be included in whole or in part in more than one local improvement
district. (Ord.791)
16.05.080 Amount Assessed: The Council may assess 100% of any or all costs of
a public improvement against the parcels of property benefited by the improvement. Unless
a specific method of computation of the benefit to the property is expressly provided iia t,.is
chapter for ascertaining the amount to be assessed against the property benefited by a
designated improvement, the Council shall assess each parcel of property in a local assessment
district in proportion to the value of the benefits received from the improvements. (Ord. 791)
16.05.090 Costs: The costs of an improvement shall be the actual costs of the
improvement, including acquisition of interest in land for the improvement, design,
engineering, administration, overhead, professional services, bond costs, and interest incurred
as a result of the improvement, and all other costs resulting from the construction of the
improvement. Bond interest shall be calculated from the first date when actual costs are
incurred by the City. (Ord. 791)
S48-07/15/88 16-3 CITY OF KENAI
16.05.100 Method of Assessment: The provisions -of this chapter shall not prevent
or be construed to prevent the collection of assessments or payment in lieu of assessments for
improvements in any other manner as provided by law. The methods of assessment are
described in general herein and will require decisions of policy by the Council to meet current
needs. In general, the assessment rate for any special assessment district is computed by
dividing the total assessable cost of such improvement by the total number of assessment units.
The entire project is considered as a whole when computing the assessment rate and applying
it to all properties. The cost of installing the in in front of or past any particular
parcel of property is only one method permitted of assessment. Except as otherwise provided
by law, ordinance, or by Council -approved policy for a particular local improvement district,
costs will be allocated on a square footage basis extending one lot deep adjacent to
improvements in subdivided areas, midway between streets up to 150 feet of depth in
unsubdivided residential areas, and up to 300 feet of depth in unsubdivided commercial and
industrial areas. Greater area may be included when assessing costs for interceptor sewers
or water mains providing fire protection. (Ord. 791)
S48-07/ 15/88 16-4 CITY OF KENAI
Nelson&
CONSULTING ENGINEERS
Wm• J. Associates STRUCTURAL / CIVIL / PLANNING
215 FIOALGO, SUITE 204 KENAI, ALASKA 99611 190712B3-35B3
FAX 19071 283-4514
November 13, 1995
U.S. Army Engineer District, Alaska
Regulatory Branch -Permits Section
PO Box 898
Anchorage, Alaska 99506-0899
Alaska Division of Governmental
Coordination
3601 C Street, Suite 370
Anchorage, Alaska
99503-5930
Alaska Department of Fish and Game
Habitat and Restoration Division
333 Raspberry Road
Anchorage, Alaska 99518-1599
Attention: Don McKay
Alaska Department of Environmental
Conservation
555 Cordova Street
Anchorage, Alaska 99501
Attention: Tim Rumfelt
Alaska State Parks
PO Box 1247
Soldotna, Alaska 99669
Attention : Chris Titus
Kenai Peninsula Planning Department
144 N. Binkley
Soldotna, Alaska 99669
Attention: Jane Gabler
Applications for a bank restoration and protection project on the Kenai River are attached
for your review. This packet of information has been mailed to all of the agencies listed
above. The proposed project includes 4 lots owned by separate individuals. For
permitting purposes, the individual lot owners are referred to as the Beaver Creek Bank
Restoration and Protection Group. The lot owners have designated Wm. J. Nelson &
Associates to act as their Agent in the preparation and submittal of these applications. If
you have any questions regarding this project, please contact me at 283-3583, in Kenai.
Sincerely,
Wm. J. Nelson, PE
Beaver Creek Bank Restoration and Protection Group
Upland Property Owners
Lot 28 Anglers Acres Part Two:
Gary Rolf
1525 Angler Drive
Kenai, Alaska 99611
Lot 29 Anglers Acres Part Two
Steve and Donna Riddle
153 5 Angler Drive
Kenai, Alaska 99611
Lot 30 Anglers Acres Part Two
Ron Rainey
PO Box 2004
Kenai, Alaska 99611
Lot 31 Anglers Acres Part Two
Charles Muhs
1555 Angler Drive
Kenai, Alaska 99611
Adjacent Property Owners
Lot 27 Anglers Acres Part Two
Arctic Pipe Inspection
PO Box 1296
Kenai, Alaska 99611
Government Lot 5
David C. and Margaret Simpson
1818 Via De La Gloria
Green Valley, Arizona 85614
To Whom It May Concern
I am interested in the cooperative bank restoration program entitled Beaver Creek Bank
Protection and Restoration Group for a restoration/access project as described on the
attached sheets.
/010/97 �'
Anglers Acres Subdivision Part Two, Lo2-8
t
ow-
15 'z3AK - o[q(.ej I
To Whom It May Concern
I am interested in the cooperative bank restoration program entitled Beaver Creek Bank
Protection and Restoration Group for a restorationlaccess project as described on the
attached sheets.
Signature
Anglers Acres Subdivision Part Two, Lot ?�
///3 S Date
To Whom It May Concern
I am interested in the cooperative bank restoration program entitled Beaver Creek Bank
Protection and Restoration Group for a restoration/access project as described on the
attached sheets.
/ Signature Date
Anglers Acres Subdivision Part Two, Lot
To Whom It May Concern
I am interested in the cooperadve bank restoration program entitic-d Beaver Creek Bank
Protection and Restoration Group for a restoration/access project ns described on the
attached sheets.
Si na e Date
Anglers Acres Subdivision Part Two, t
�Fa*
' (Oaks Use poly)
ALASKA DEPARTMENT OF FISH AND GAME
GENE, RAL WA'ITRWAY/WATERBODY APPLICATION
SPECIFIC INSTRUCTIONS
I+ _E: Provide as much information as possible. If you need assistance,
please contact the nearest ADF&G Habitat and Restoration Division
Office. The ADF&G reserves the right to require additional
information for the proper protection of fish and game.
Step A: Provide your name, address, and telephone number and the name,
address, and telephone number of the contractor who will be doing
the work, if known.
Step B: 1. Name of the waterbody in or adjacent to which the project will
occur.
Z. For Anadromous Stream numbers, refer to the Atlas to the
Catalog of Waters Important for Spawning, Rearing or Migration
oL Anadromous Fishes.
3. a. Provide plans (or field sketch) showing the following as
a minimum: access to the site, plan view showing all
project features and dimensions, or crossing/fording
sites; material removal plans should also include, at a
minimum, the following: 50' contour lines; nearby
watercourses and lakes; location of facilities
(i.e., screening, washing, and crushing plants, and
commercial and private buildings); aliquot parts
identified in order they are to be mined; site where fuel
will be stored; a cross section view of the material site
showing current land and water elevations and bank slopes
and final excavation grades and slopes; and project
expansion sites (scale no greater than 1 in. = 400 ft.)
b. Provide specifications, if available; and
C. Provide a current aerial photograph, if available.
Step C: Describe the type of project (e.g., bridge, culvert, utility line
placement, impoundment structure, bank stabilization,
channelization, low water crossing, log removal, etc.) and the
purpose of the project-. A brief description of alternatives
considered would be useful but is not required.
Step D: Indicate the time of year when project construction will occur. Is
the project temporary or permanent?
Step E: What precautions will be taken to insure that fish and other
aquatic organisms are protected from adverse impacts? Outline plan
for restoring, rehabilitating, or revegetating the site if channel
or bank alterations occur. What precautions will be taken to
maintain State Water Quality Standards.
811--0 F: Provide the waterbody characteristics at the site of the project.
Step G: Provide available hydraulic information for the types of projects
indicated. For .information on selecting a culvert size that will
ensure fish passage, consult ADF&G permitters or references
available at ADF&G Habitat and Restoration Division offices.
comma U16 Only)
GENERAL WATERWAY/WATEIRODY APPLICATION
ALASIU DEPAR VffiN'r Or HSII AND GAME
Habitat and Restoration Division
333 Raspberry Road
Anchorage, AK 99518-1599
A. APPLICANT
1. Name: Ron Rainey, Ste., A donna R; AAA o Charles Muh$ Gary Rolf
2. Address: P.O. Box 2004 Kenai, AK 99611
Telephone: 907-293-4333 Fax:
3. Project Contractor: Name: Not Known At This Time
Address:
Telephone: Fax:
Be TXPE AND PURPOSE OF PROJECT:
Bank restoration and protection.
co hoCATION OF PROJECT SITE
1. Name of River, Stream, or Lake: Kenai River
or Anadromous Stream 1
2. Legal Description: Township 5 N Range 11 W
Meridian Seward Section 11 USGS Quad Map Kenai C4-SE
3. Plans, Specifications, and Aerial Photograph
(See specific instructions)
D. TIME FP ME FOR PROJECT: April 15, 1996 to June 1, 1996 (dates)
E. CONSTRUCTION METIIODB: Yes No
1. Will the stream be diverted? _X_
How will the stream be diverted?
How long?
2. Will stream channelization occur?
-2-
Yes No
3. Will the banks of the stream be altered or modified?
X
Describe: Place gabions below grade at low water line and
place bion mattresses on grade up to mean high tide line. Place
vegetated geogrids/brush layers above mean high tide line.
4. List all tracked or wheeled equipment (type and size) that will be
used in the stream (in the water, on ice, or in the floodplain):
How long will equipment be in the stream? None
5. a. Will material be removed from the floodplain, bed, stream,.or
lake?
X
Type:
Amount:
b. Will material be removed from below the water table?
X
If so, to what depth?
Is a pumping operation planned? X
6. Will material (including spoils, debris, or overburden) be
deposited in the floodplain, stream, or lake?
X
If so, what type? Rock in gabion baskets
Amount: 450 CY
Disposal site location(s): On banks to match natural bank
contour,
7. Will blasting be performed? X
Weight of charges:
Type of substrate:
8. Will temporary fills in the stream or lake be required during
construction (e.g., for construction traffic around construction
site)?
Yes a \
9. Will ice bridges be required? x_
F. BITE REHABILITATION/RESTORATION PLAN: On a separate sheet present a
site rehabilitation/restoration plan (See specific instructions).
Vegetated geogrids/brush layering will be placed above high tide line.
go WATERBODY CHARACTERISTICS:
Width of stream: 400'
Depth of stream or lake: Vari Pa aua fn f i raal i nfl nnnr.c
Type of stream or lake bottom: Sand/rravinj hnt+-nm
(e.g., sand, gravel, mud)
Stream gradient: Varies due to tidal infltit=nr•o
H. $YDRAIILIC EVALUATION:
1. Will a structure (e.g., culvert, bridge support, dike)
be placed below ordinary high water of the stream?
X
If yes, attach engineering drawings or a field sketch, as described
in Step B.
For culverts, attach stream discharge data for a mean annual flood
(Q-2.3), if available.
Describe potential for channel changes or increased bank erosion
if applicable:
Wrapped rock will closely simulate the roughness
characteristics of the existing gravel banks.
2. Will more than 25,000 cubic yards of material be removed?
If yes, attach a written hydraulic evaluation including, at a
minimum, the following: potential for channel changes, assessment
of increased aufeis (glaciering) potential, assessment of potential
for increased bank erosion.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED ON OR IN CONNECTION WITH THIS
APPLICATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
si—a ndture gf/App l ican
/d - 9S
Date
-4-
32' 30"
Coastal Project Questiomaire and Certification Statement
Please answer all questions. To avoid a delay in processing, please call the department if you answer "yes" to
any of lice questions related to that departiisent. Slaps and plan drativiugs uitist be Included with your packet.
An incomplete packet will be remmed. .
Applicants: Ron Rainey, Steve & Donna Riddle,
■ APPLICANT iu%iFO1JMAT1ON Charles. Mulls, Gary Rolf.
1. Beaver Creek Bank Restoration and 2
Name of Applicant Protection Group
P.O. Box 2004 Ron Rainey
Address
Kenai, Alaska 99611
City State Zip Code
(907)283-4333
Daytime Phone
Fax Number
■ PROJECT INFORMATION
William J. Nelson (Agent)
Agent (or responsible uty if other dun ep�lippi
215 Fidalgo Avenue, Suite 204
Address
Kenai, Alaska 99611
City Slate Zip Code
(907)283-3583
Daytime phone
(907)283-4514
Fax Number
Yea No
1. This activity is a: 121 new project ❑ modification or addition to an existing project
If a modification do you currently have any State, federal or local approvals
related to this activity? ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Gl
Note: Approval means any form of authorization. If "yes," please list below:
Approval Type Approval I Issuance Date Expiration Date
2. Has this project ever been reviewed by the State of Alaska per the RCMP? ............. ❑
Previous State I.D. Nuttiber: AK Previous Project Naine:
■ PROJECT DESCRIPTION
I. Attach the following: • a detailed descrlutlun of the project and all associated facilities;' • a project Ilineline
for completion of all nnajur activities lit the proposal; • a site plan depicting all proposed actions; • other
suuoorting docutnenlati it that would facilitate review of the project. Note: If the project is a modification,
identify existing facilites as well as proposed activities on the site plan.
Proposed starting date for project: Apr i1 15. 1996 Proposed ending date for project: June 1, 1996
2. Provide a brief description of your entire project and ALL associated facilities (access roads, caretaker
facilities, waste disposal sites, e(t:.).
Bank restoration and protection along the 420' feet of the Kenai River
and installation of floating docks at four lots.
Revised 9194 rage I
■ PROJECT LOCATION
.. Attach a copy of the topographical map with the project location marked on it.
2. Location of project (include nearest community or name of the land feature or body of water. Identify
township, range and section): Located on Angler Drive in Kenai, Alaska
Township 5 N Range 11 W Section 11 Meridian Seward L dwd-e/Longitude6 0 3 2 )' 151 0 8'
3. The project is on: ® State Land* ❑ Federal Land IN Private Land ❑ Municipal Land
*State land can be uplands, tidelands, or submerged lands to .f miles offshore. See Question #1 in DNR section.
4. The project is located in which region (see attached map): ❑ Northern ® Southcentral ❑ Southeast
❑ State Pipeline Coordinator's Office
Yes No
5. Is the project located in a coastal district? ................................. ® ❑
If yes, please contact the district representative listed on the attached sheet.
A
Identify the communities closest to your project location: City of Kenai
■ FEDERAL APPROVALS
I. Is the proposed project on U.S. Forest Service (USFS) land or will you need to cross Yes No
USFS lands for access? ........................................... ❑ IKI
Does the cost of the project exceed $250,000? .......................... ❑ ❑
If yes, have you applied for a USFS permit or approval? .................... ❑ ❑
Date of submittal:
2. Is the proposed project on Bureau of Land Management (BLM) land or will you need
to cross BLM lands for access? ...................................... ❑ 91
Does the cost of the project exceed $250,0007 .......................... ❑ ❑
If yes, have you applied for a BLM permit or approval? .................... ❑ ❑
Date of submittal:
3. Will you be constructing a bridge over tidal (ocean) waters, or navigable rivers,
streams or lakes? ............................................... ❑
El
If yes, have you applied for a U.S. Coast Guard permit for a bridge? .....:.:... ❑ ❑
Date of submittal:
4. Will you be dredging or placing structures or fills in any of the following:
tidal (ocean) waters? streams? lakes? wetlands*? ...................:........ ® ❑
If yes, have you applied for a U.S. Army Corps of Engineers (COE) permit? ® ❑
Date of submittal: Concurrent with this submittal.
(Note: Your application for this activity to the Corps of Engineers also serves as your application to DEC.)
*If you are not certain whether your proposed project is in a wetlands, contact the U.S. Corps of Engineers. Regulatory
Branch at (907) 753-2720 for a wetlands deternunation (outside the Anchorage area call roll free 1-800-478-2712.)
Revised 9/94 Page 2
5. Have you applied for a U.S. Environmental Protection Agency National Pollution Yes No
Discharge Elimination System (NPDES) permit? ........................ ❑
Date of submittal:
(Note: For btfi oration regarding the need for an NPDES permit, contact EPA at (907) 271-5081.)
6. Will you have a putrescible waste discharge within 5 miles of any public airport? ....... ❑ (�
If yes, please contact the Airports Division of the Federal Aviation Administration at (907) 271-5440.
7. Does the project include a nonfederal power project affecting any navigable body of
water or located on federal land? Or, is utilization of surplus water from any
federal government dam proposed? .................................... ❑ FKI
(Power projects consist of dams, water conduits, reservoirs, powerhouses, and transmission lines.)
If yes, have you applied for a permit from the Federal Energy Regulatory
COmml ion (FERC)?............................................ ❑ CJ
Date of submittal:
(Note: For information, contact FERC. OBce of Hydropower licensing, at (202) 208-0200.)
7. Have you applied for permits from any other federal agency? ................... ❑
AGENCY APPROVAL TYPE DATA SUBMITTED
■ DEPARTMENT OF ENVIRONAIENTAL CONSERVATION (DEC) APPROVALS
Yes
1. Will a discharge of wastewater from industrial or commercial operations occur? ........ Cl
Will the discharge be connected to an already approved sewer system? ......... ❑
Will the project include a stormwater collection/discharge system?. ........... ❑
2. Do you intend to construct, install, Tnodify, or use any part of a wastewater (sewage
or greywater) disposal system? ...................................... ❑
a) If so, will the discharge be 500 gpd or greater? ....................... ❑
b) If constructing a domestic wastewater treatment or disposal system, will the
system be located within fill material requiring a COE permit? ............. ❑
If you answered yes to a or b, answer the following:
1) How deep is the bottom of the system to the top of the subsurface water
table?
2) How far is any part of the wastewater disposal system from
the nearest surface water?
3) Is the surrounding area inundated with water at any time of the year? .... ❑
4) How big is the fill area to be used for the absorption system?
(Questions I do 2 %111 be used by DEC to determine whether separation distances are being met.
Questions 9 h 4 relate to the required size of the fill if wedands are involved.)
3. Do you expect to request a mixing zone for your proposed project? .............. ❑
(if your wastewater discharge will exceed Alaska hater quality standards. you may apply for a mixing zone.
if so, please contact DEC to discuss information required under 18 AAC 70.032.)
Rerbed 9194 Page 3
No
121
[5
■
U
Al
A
Yes No
4. Do you plan to store or dispose of any type of solid waste -resulting from this project? .... ❑
(Note: Solid waste mom drilling wosres, garbage, refuse, sludge, and other discarded material, including solid. liquid, senet-solid. or
contained gaseous material resulting from industrial, commercial. and agricultural operations, and from community activities,)
5. Will your project require the application of oil, pesticides, and/or any other broadcast
chemicals to the surface of the land and/or the waters of the state? ................ ❑
6.
7.
8.
a. Will you have a facility that will generate air emissions from processing
greater than five tons per hour of material? .......................... ❑
b. Will you have one or more units of fuel bursting equipment, Including flaring,
with a heat input rating of SO million Btu per hour or more? ............... ❑
C. Will you have a facility containing incinerators with a total charging
capacity of 1,000 pounds per hour or morel ......................... ❑
d. Will you incinerate sludge? .................................... ❑
e. Will you have any of the following processes: ........................ ❑
❑ Asphalt plant ❑ Coal preparation facility
❑ Petroleum refinery ❑ Portland cement plant
❑ Petroleum Contaminated Soils Cleanup
f. Will your facility use site following equipment? ....................... ❑
❑ diesel internal combustion engines? ('total capacity equal to or greater shalt
1.750 kilowatts or total rated brake specific horsepower greater than 2,350 bhp)
❑ gas fired boilers (Total heat input rating of 100 ndllion Btu per hour)
❑ oil fired boilers (Total heat input rating of 65 million Btu per hour)
❑ combustion turbines (total rated power output of 8.00011p)
g. Will your facility burn more than the following per year in stationary equip-
ment? .................................................
❑
❑ 1,000,000 gallons of fuel oil ❑ 35,000 tons of coal
❑ 900 million cubic feet of natural gas
h. If you have answered "yes" to any of the above questions Q a-g), have you installed,
replaced or modified any fuel burning or processing equipment since 19777 .....
❑
Will you be developing, constructing, installing, or altering a public water system? .....
❑
a. Will your project involve (lie operation of waterborne tank vessels or oil barges
that carry crude or non -crude oil as bulk cargo, or the transfer of oil or other
petroleum products to or from such a vessel or a pipeline system? ...........
❑
b. Will your project require or include onshore or offshore oil facilities with an
effective aggregate storage capacity of greater than 5,000 barrels of crude oil
or greater than 10,000 barrels of non -crude oil? .......................
❑
C. Will you be operating facilities on the land or water for the exploration or pro-
ductionof hydrocarbons? .....................................
❑
Revised 9r94 Page 4
t_4
0
9
0
0
1R
01
If you answered NO to ALL questions in this section, continue to next section.
If you answered YES to ANY of these questions, contact the DEC Regional ofllce for information and
application forms. Please be advised that all new DEC pern its and approvals require a 30-day public
notice period.
Based on your discussion with DEC, please complete the following:
Approval Type: Date Submitted:
Yes No
). Does your project qualify for a general permit for wastewater or solid waste? ......... ❑ ❑
10. If you answered yes to any questions and are not applying for DEC permits, indicate reason below:
❑ (DEC contact) told me on that no DEC approvals are
required on this project. Reason:
❑ Other:
■ DEPARTMENT OF FISH & GAME (DFG) APPROVALS
1. Will you be working in, or placing anything in, a stream, river or lake? (This includes Yes No
work in running water or on ice, within the active flood plain, on islands, the face of
the banks or the tidelands down to mean low tide.)(Note: If the proposed project is
located within a Federal Emergency Management Agency Zone, a Floodplain Development
Permit may be required. Contact the local municipal government for additional infor-
mation and a floodplain determination.) ................................. ® ❑
Name of ❑ stream, ❑ river, or ❑ lake:
2.
3.
Will you do any of the following? .................................... ® ❑
Please indicate below:
❑
Build a dam, river training structure or
®
Alter or stabilize the banks?
instream impoundment?
❑
Mine or dig in the beds or banks?
❑
Use the water?
❑
Use explosives?
❑
Pump water out of the stream or lake?
❑
Build a bridge (including an ice bridge)?
❑
Divert or alter the natural stream
❑
Use the stream as a road (even when
channel?
frozen), or crossing the stream with
❑
Block or dam the stream (temporarily or
tracked or wheeled vehicles, log -
permanently)?
dragging or excavation equipment (back-
0
Change the water flow or the water
hoes, bulldozers, etc.)?
channel?
❑
Install a culvert or other drainage
®
Introduce silt, gravel, rock, petroleum
structure?
products, debris, chemicals. or other
❑
Construct a weir?
organic/inorganic waste of any type into
❑
Use an in -stream structure not
the water?
mentioned here?
Is your project located in a designated State Game Refuge, Critical Habitat Area or
StateSanctuary? ................................................ XXI ❑
4. Does your project include the construction/operation of a salmon hatchery? ........... ❑
Revised 9/94 Page 5
Yes No
5. Does your project affect, or is it related to, a previously permitted salmon hatchery? ..... ❑ 91
S. Does your project include the construction of an aquatic farm? ................... ❑ 91
If you answered "No" to ALL questions in this section, continue to negt section.
If you answered "Yes" to ANY questions under 1-3, contact the Regional DFG habitat Division Office
for Information and application forms.
If you answered "Yes" to questions 4-6, contact the DEG at the CFNID division headquarters for
information and application forms.
Based on your discussion with DFG, please complete the following:
Approval Type: General Waterway Date Submitted: Concurrent with
this submittal.
7. If you answered yes to any questions and are not applying for DFG permits, indicate reason below:
❑ (DFG contact) told me on that no DFG approvals are
required. Reason:
❑ Other:
N DEPARTMENT OF NAI`URAL RESOURCES (DNR) APPROVALS
1. Is the proposed project on State-owned land or will you need to cross State-owned land Yes
for access? ('access" includes temporary access for construction purposes) . . .. . ...............
Note. In addition to Starr -owned uplandr. the State oxnt abnost all land below the ordinary high water line
of navigable streatnr, rivers and lakes, and below the mean high tide line seaward for three miles.
2. Do you plan to dredge or otherwise excavate/remove materials on State-owned land? .... ❑
Location of dredging site if other than the project site:
Township Range Section Meridian
3. Do you plan to place fill or dredged material on State-owned land? ................
Location of fill disposal site if other than the project site:
Township Range Section Meridian
Source is on: ❑ State Land ❑ Federal Land ❑ Private Land ❑ Municipal Land
4.
5.
Do you plan to use any of the following State-owned resources: ....... . .......... ❑
❑ rrnber: Will you be harvesting timber? Amount:
❑ Materials such as rock, sand or gravel, peat, soil, overburden, etc.:
Which material? Amount -
Location of source: ❑ Project site ❑ Other, describe:
Township Range Section Meridian
Are you planning to use or divert any fresh water?
Amount (gallons per day):
Source: Intended Use:
Revised 9/94 Page 6
0
No
0
0
c7
Yes
No
6.
Will you be building or altering a dam?
............................. . . , , ❑
7.
Do you plan to drill a geothermal we117
................................. ❑j
8. At any one site (regardless of land ownership), do you plan to do any of the following? ... ❑
❑ Mine five or more acres over a year's time?
❑ Mine 50,000 cubic yards or more of materials (rock, sand or gravel, soil,
peat, overburden, etc.) over a year's time?
❑ Have a cumulative unreclaimed mined area of five or more acres?
If you plan to mine less than the acreage/amount stated above and have a cumulative
unreciaimed mined area of less than five acres, do you Intend to file a voluntary recla-
mation plan for approval? ....................................... . . + ❑
9.
Will you be exploring for or extracthig coal? .............................
❑
lBl
10.
Will you be drilling for oil/gas?......................................
❑
r1
i 1.
Will you be investigating or removing historical or archaeological resources on State-
ownedland7.......................................s..........
❑
❑
12.
Is life proposed project located within a known geophysical hazard area? ............
❑
13.
ht the proposed project located in a unit of die Alaska State Park System? .... , .......
❑
FRI
If you answered "No" to ALL questions In this section, continue to certification statement.
If you answered "Yes" to ANY questions In this section, contact DNR for information.
Based on your discussion with DNR, please complete the following:
Approval Type: Date Submitted:
14. . if you answered yes to any questions and are not applying for DNR pearrlts, Indicate reason below:
®. Kim Kruse (DNR contact) told me on Nov. 13, 1995that no DNR approvals are
required. Reason: Permittinct on Kenai River is handled by DNR-Parks
❑ Other:
Please be advised that the CPQ identities pennits subject to a consistency review, You may need additional
permits from other agencies or local govenunents to proceed with your activity.
Revised 9/94 Page 7
.•.. Wit.
Certification Statement
The information contained herein is true and complete to the best of my knowledge. I certify that the
proposed activity complies with, and will be conducted in a manner consistent with, the Alaska Coastal
Management Program.
signuure of Apptic" or,
r/-/o-qs
Due
Note: Federal agencies conducting an activity that will affect the coastal zone are required to submit a
federal consistency determination, per 15 CFR 930, Subpart C, rather than this certification statement.
This certification statement will not be complete until all required State and federal authorization requests
have been submitted to the appropriate agencies.
■ To complete your packet, please attach your State permit applications and copies of your federal permit
applications to this questionnaire.
CliuxCNl SEA
UNALJ "of
ITrtOvllYttOR*M
ewJ,
SERINO SEA
AAMTOt tAT
AUMAN• tAtT
Move"
"AWIMI rrnow
aEAuFoRr sEA
Coastal Districts
Under The Alaska Coastal
Management Program
CITIES
BOROUGH, MUNICIPALITY
AND CRSA BOUNDARY
MV AND AOROUGH
-- Of JUNCA0
ttTONIRAN OAItWA
soneveN
ReWnd 9/94 PW a
APPLICATION run UEPA"TMENT Or *111C Anmy PERMIT unto Ar1f11uvnt No. 0102.0036
(.13 Cl if 3n) Eirplies 30 Jurle 1992
1'loldtu onpmolitV btndon its lilts ctollot- ml rd il►knm hell Is esthnMtnl It, av"nttp► is Ixxno irot lasf►tmisu km IIx1 nrnpmfly of ensos, ho:hWhlU Ilia thno tut luviowhgl
hlshlK:lhrls, seGlcldtn) oxisfkv dnln stxmrns, innllnnitttl nttrd ntahttnhdtttf Ilal drola tModoll, foal r:IItlglkbihry Good 1130twholl Ills 1`11114mlitml of h►lotn►nikrl.
Algdk;aliotts its Indoor to"woo cotrgd"x initjtxNs, to Illose lit uc:tdnph:ally stnlsilivri nreris, will Ink" knob". solid eatnronlis I►urnditty this burtlmr faslhnalo or mty
allow n:tIlact of Ills ct>ihlclhml of hiltmntafknl, htchnNraj slgnilt►sikmis kn tnthu hill fhkl tmndml, to Wssfth►gloto I londcrtarlata Services, Uheckmaln fix blltmwmlioll
Ulmtnlhnls stiff llolxnls. 1215 Jollulson Dlivis I lk1loway, SOW 12U4. Allittylotl, VA 222112•4302; Glnd w Ills 0111ce of hdcmn►alkml Sold lieyulakny Allaks. Ulikro
of MarlaUa►nonl oW BlmlUat, Washhglitml, UC 2U803.
Jim Ucpnttntenl of the Army lnmwtil proipnto is nulitotbod by SM11oll 10 al Via Iliveos orod I latlr.tts Aral of 1099. SecIlolt 404 of Ills Ciustt Writer Act alttl
Stieftl I113 of IIM Marhro, 1'Iolec1101, t iosufoch fond Satx fuarlas Act. f botso Inws rotisrhe ltorrtdls aulhotizirtU eclWas lit or affecllttg nevfynble walors of Ills
Urtilod Slates, Ilia dischGtgo of drutdtMd too lip moloolnl hdu waluts tit llte Unilud Status, and lite Itsnsixntelioll of dlodyed lnalmlaf fox tlm pwpose of dungdrgl it
kilo ocontl wnlols. hdanlalknl Inuvhintl Igo Illis knnl will Irr usctl in t►vnluntegl Ihrt nittdirrifto for n Iw►notit. lntamnikutt lit IlAs nlgdk-affmi Is nrinlo n nonllor of
Inoblic lof:ad thtough Issuntn:o of n public to lluti. Uim:klsl to of Iles hdurnwlknl tottimMixl is vofunlnty; Ixlwovet, Ilia dnln IaponshM oro t►m-nssnty lit orthn I"
txwfotenticale wHh UK, nlgrik;Gnl avid lu avulonlo Ihu ltutn►il olgdit:nikml. 11 tin onsrny hlkmntrilhml Is fool isuvklud. I1K1 itwndl olgtlicillkal ctuiow1 bo pttxronse d foot
emi a pemill, be lesuad.
One let of lxiUhlal drawhtys ar UUW lelnuthtcible coltius wlticli show Idle lose ml slid thalscler of #to lKolrosed oulmly nnist be elteclul d to oils eltitlicalkmi
(see sentijis drawings Brrd histri l ikons/ foal be sUWgllud 10 111e Uishict Enyhroet llsvkp hnisdictkmt over ale lucallml of roe lnoltosed activity. An sppRcsli mf
flat is flat catftpieled lit lull wOl be rolu►llnd.
1. At IUCAMI'l UUMBEt1 fro be esa/prwJ fry Gwpsl 3. DAME. AWIIESS , AI1U 111LE OF AUIIIOItl2EU AOEIII'
Wni. J. Nelson & Associates
215 ridalgo Avenue, -Suite 204
Kenai, AR 99611
lnleldlate Iro. dutloq busitls!! Ilolms
2. NAMEANUAUU1*MUFA1'MK;AIII Gary Rolf C�}arles Muh dy�x
OleRai S�� vt7 Qnnaic le8011 xU3-4514 pmshhntty►
saver eF&k to A tea orzt cl l 1w8071, 183-3383 ftxncef
and Protection Grtj up 61nlntnottl tit Atlllnttlrnlhek I lmolty thoshnttele will sulltatlfe
P.O. Box 2004 t J. 14e1Bull 10act htfill
Ken a i fi 9 6 i 1 IedMll es my "ingot its 11M lionvesskta ill lids ltetttdl nttndh:nlhno noel Ito
fokrldttnro rro. 1ltnhp lhross inn! lurrdsh, lgttnl IntpMel, slrntltknttmdei h+lotmelhrrt ht lutgwtl of flit? ttngdienthnt.
NO9U71 7113 411l 1011ciatcn) tilt)r�AlUllE�'1'Lk;N �.s,rs�✓7 I W1IE
1UIIke) //
4. IIEtAIl.EU UESLf trI Wrf or. trMIUSEII ACIMIY
4s. AUMMY
1. Place gabion the support- below tirade at low water line.
2. Place gabion mattresses on slope between low water line and mean high
tide line.
3. Construct vegetated geogrid/brush layers from mean high tide to top of
bank.
4. Place floating docks at each lot.
To restore salit►on liabitat and protect property from future erosion along
4201 of stream batik.
4e. UIg0fAiWa t - u1l wig imi r1LL MA1E1eAL
Approximately 4201 cubic yards of graded rock will be placed in yabion
' title '- LII
baskets on the river bank between low water line and the mean high t c
EU11111f1 lX AfN1 ea rl WyVLEIE.
tl'ngxtrttntl: CLUWA.1111
NAME8 AIIO AUUIIESSES.UF AUJUIII114U ►'IILIVE111Y UWIrE►19, LESSEES, EIU., WIKJSE MIUI'EI11Y ALSU AU,K.IRJ9111E WAIEt1WAY
1. Arctic Pipe Inspection
P.O. Box 1296
Kenai, AK 99611
2. David C. & Margaret Simpson
1818 Via De La Gloria
Green Valley, Arizona 05G14
(Lot 27 Anglers Acres Sub - Part 1)
(Government Lot 5, excluding
Anglers Acres Sub. - Part 1 & Part 2
WAIMBODY AND LOCAIION ON WAIEIIBUUY Wl1EnE ACIMIY E'ISIS Oil 19 PIIOPOSEU
Kenai River near Beaver Creek.
LOOAIION UN LAND WIIEnE ACIIVIIY EXISI8 Oil 191'11UPOSEU
AtME89:
Lots 28, 29, 30, 31 Anglers Acres Subdivision, Part 2
81/IEEi, nOAU, IIIIUUIE On 0111E11 UESUUPIIVE L"I"I
Kenai Peninsula Borough, Alaska 99611
LEMIY SIAIE ZV MME
City of Kenai
LOCAL OOVEf1NRm BODY WI111 JUIN9UIUIIUN UVEIlS11E
1. Is env Pullin" of 11M ecllvlly for which sullrolbalkltl Is soughs Itirm rmtMdltlel L] YE8 19 fJV
M ernww Is 'Yes' give m000ns, r"1111 sold vow the Bcllvlty Wes eomldoled. httlkole Ilia ettlsllrlg wink net the thewhtgs.
g. List BR nlgatwnls to rullllk:niknls form duldals Itmel ml limn nlllet Imlulnl, htlulstain, alnlo IN kiesl nlpna:kts lot Bevy ellorltntls, ctnlslludhol, IRsrllntutts IN t111tor
BWMlles demilled In lids m0colle".
18SUR40 AOENOY TYPE APPIIUVAL RJEIIIWK;A1KJN NU. UAIE Or- APPLKIJIIK)N UAIE OF APPIIUVAL UAIE Or- UEIIIAL
N/A
10. AlnIllcolknl Is Iletalty Tustin Im a ►tgodl m INnitine In nullnntln Ihn 1101vI111tq dmetlbntl hmBkl. I imply 111M I Btii Itl41e40 wlnt•11nt hilmnlalltal rmdnlnlxl ht 11n1
a111111ratltnl. Vol 111n1 In Ilm 11na1 111 my IttntwhnkM atnl Inand nttrlt Inlntenntltnl 1s ttltn, rtnnitktln, Bold arrtrlMa I hallo" CMII1y Ihnl 1 (n/1l14139 the eu1111a1ty It►
ontkoleke the locimed eelldllee to I at" oclhtu ON I110 duly nutlnnl:wl tgrtnrl of 1110 nledk:1n11.
me NO nE bF A All / ME VKMNA 11.11 IE Or- AUEN r
The applicelion must be slyned by file person Who desires I•► In►dellalm file proposed ecfiv►fy (spplicanit o► h mey be slurred by a duty
'lorized apenl If the slalerllenl fit block 3 lies beeit liffed vuf end sinned.
18 U.S.C. Seciknl IUU1 lltovklos 1110 Wlwov"r, h► my mmnnn WIIIII11 Iilo hnlstlk4litll 14 oily deprehlwil►1 to r1(Jp my 01,11110 U1111ed stntee
kllowklyly elld WHINNY lelsflbs, coillmols, rX ctwws Iht Ity ally Ilk:k, srlwillln, to tklvk:o a 11100101 IWA to nlskns ally (also. IkAlous IN houthlkxtl
elelentrntls or lrllresolt101kx1s ttr nlokos IN usno tiny Irdsn wtilhnI to thlrinn"ttl ktnlwhlg snot Io ctnllnhl only Ins, ik klhnts t1r
froWulenl stelorttmd Of Why- $1180 bo linod 1101 Mono plan $IU,UUU Of hevinisL%md twit mime Than live yews, for Will.
Inevetne of amo fonts atsl - s.tttsutmttttetnalnoarts: "E!o-muse
.m
`
• I r.
r
I
v
t
r
1
I�ICW17Y MAP 27
(STING SHEET
PILE WALL
GOV'T. q
IAT 5 26 (ROLF)
1995 MEAN HIGH TIDE
riMEANDER LINE
V
29 (RIDDLE)
BANK RESTORATION
PER TYP. SECTION I
SEE SHT. 2
0
N
SO (RARM)
SCALE RAINEY RESIDENCE J
V s 1 00, 3' WIDE x 30' LONG
RAMP WITH 6'x 10' FLOATING
DOCK TYP.
sl (MUHS)
1977 MEAN HIGH TIDE
(SIWSON) MEANDER LINE
PURPOSE: TO STOP BANK EROSION AND PROVIDE NATURAL
BANK REVEGETATION
DATUM: MLLW
EGAL DESCRIPTION:
1. KRD. LOT 28, 29. 30. 31 BLOCK 1, ANGLERS ACRES
SUBDIVISION, PART 2 - K 77-116
BANK RESTORATION AND PROTECTION
FOR: KENAI RIVER NEAR BEAVER CREEK
AT: KENAI, ALASKA
APPLICANT: RON RAINEY - BEAVER CREEK RESTORATION AND PROTECTION GROUP
SHEET 1 OF 2 REVISED NOV.13, 1995
g
g���
g g
$ 8
N
N
a �
I
(
se
ee
o e ose
• s e s
;e e;• s;e
• •
a • s
;e
• ;a
O
CK
o
I
••
°e
ee
in �
3
341
I
..
10
U
Q...
toll.—
- - - --- - - --� _
-
-_ e;e°
Q
N
Z
I
O_
O
•
.- •i
•
i
CD
cq3
a
•.
t
-_ --- - --
vr�
3 .-
x LA
cr- x
-?---
o
&�►—
-
-
q
n
o
I
�
I
�
N�
0
31
X o
4
PURPOSE: TO STOP BANK EROSION AND PROVIDE NATURAL
BANK REVEGETATION
DATUM: MLLW
BANK RESTORATION AND PROTECTION
FOR: KENAI RIVER NEAR BEAVER CREEK
AT: KENAI, ALASKA
APPLICANT: RON RAINEY - BEAVER CREEK RESTORATION
AND PROTECTION GROUP
SHEET 2 OF 2 REVISED NOV.13, 1995
Lots 28,29,30,31
Angler's Acres Sub. Part Two
Cost Estimate -
Wm. J.Nelson & Associates — November 1995
Item
Unit
Quantity
Unit Price
Total
Geogrid/Brush Layer (2 Iiftsx420')
If
840
$50.00
$42,000
Wrapped Rock Foundation
If
420
$35.00
$14,700
3'x3'x12' Gabion Basket w/rock
ea
70
$600.00
$42,000
1'x3'x12' Gabion Basket w/rock
ea
175
$200.00
$35,000
3'x30' Ramp
ea
4
$2,000.00
$8,000
6'x10' Dock
ea
4
$1,500.00
$6,000
Upland Seeding
msf
8
$250.00
$2,100
Startup/Cleanup
lump sum
1
$5,000.00
$5,000
Subtotal
$154, 800
Contingency(10%)
$15,480
Design Engineering
$10,836
Site Engr./Inspection $18,576
Total $199,692
APPLICATIONS FOR PARK USE PERMIT
NAME OF APPLICANT: Ron Rainey Steve & Donna Ri ddl P, Char1 es Mlhc Gary Roli
ORGANIZATION NAME: Beaver Creek Bank Restoration and Protection Group
ADDRESS: —P.O. Box 2004_
Kenai Alaska _99611
PHONE NUMBER(S): (907) 283-4333
LOCATION OF PROPOSED ACTIVITY (Attach map if necessary):
FOR KENAI RIVER PROJECTS- BOROUGH TAX PARCEL ID # :
Kenai River near Beaver Creek
Borough Tax Parcel #049 390 : 07, 20, 19, 18, 17 5 Parcels)
DESCRIPTION OF PROPOSED ACTIVITY (Attach plans if necessary):
Bank Restoration and Protection.
DURATION OF ACTIVITY: Construction between April 15. 1996 and June L 1996
OTHER COMMENTS:
A $25.00 non-refundable application fee
is required for Special Park Use Permits.
Make checks payable to:
STATE OF ALASKA
r
PERMITTEE S40NA UI
11/13/95
DATE
MAIL APPLICATIONS TO:
Alaska State Parks
P.O. Box 1247
Soldotna, AK 99669
Phone: 907-262-5581
Fax: 907-262-3717
t
KENAI PENINSULA BOROUGH
Floodolain Develooment Permit
APPLICANT NAME: Ron Rainy, Steve & Donna n; rlrli A Charles Muhs Gary Rolf
APPLICATION is
Completed fioodplain development worksheet must be attached.
( ] Nov Construction
1. What is the purpose of the structure? (i.e. residential,
commercial, accessory. etc.)
2. Will utility systems, including water, sewer. gas. etc. be
modified or developed on the property? Yes ( J No ( J
If yes, describe briefly:
[ ) Addition/Reconstruction of Existing Structure
1. What is the appraised value of the structure to be reconstructed
or remodeled $
2. What is the estimated cost of the proposed improvements?
S
3. Will utility systems. including water, sewer, gas. etc. be
modified or developed on the property? Yes [ 1 No ( J
If yes, describe briefly:
( ) Manufactured homes
1. Will the structure have a permanent foundation?
Yes ( J No ( ]
1. Wi11 utility systems. (including water. sewer. gas. etc.) be
modified or developed on this property? Yes ( ) No ( )
If yes. describe brieflys
( ) Other Development:
Subdivision. alteration of a watercourse, placement of fill. ace.
1. If a subdivision, will the development be at least 50 lots or 5
acres? Yes [ 1 No ( ] Not applicable ( )
2. Describe Proposed Development
Bank protec'tion and restoration along 420' of
the Kenai River.
-APPLICANT SIGNATURE �jT � � �/_+ DATE // 13- i S
s ./
KENAI PENINSULA BOROUGII
Floodolaln Development Worksheet
LENDING INSTITUTION: APPUCA110N
This worksheet must be completed for all construction and/or development wlihln a flondph"tin area. Please forward the
completed worksheet to the Kenal Peninsula Borough, Planning Department, 144 N. Smiley Street. Soldotne, AK 99sm.
I. APPLJCANTINFORMATION Steve & Donna Riddle, Gary Rolf
APPLICANT NAME: Ron Rainy, (h a r 1 a c lvl„h -c-, PHONE 2 R-4—d 3 3 3
ADDRESS: p O Box 2004, Kuria i Al a cka 99611
OWNER NAME (IF OTHER THAN 'APPUCANTI:
ADDRESS: PHONE.
11. LOCATION OF PROPOSED DEVELOPMENT
I. Please check if the property Is within the city limits of:
IX1 Kenal [ [ Homer [ ( Seklovia ( J Kachemak Cny
I I Soldotna [ J Seward (J Not within Incorporated city
2. Please give as much of the following Information as possible:
Meridian Seward Townshlp_5N Range 11W Section 11
Tax Parcel * LoQ 8 , 2 9 , 3 0 , Block
31 Recording
Subdivision
Ill. TYPE OF DEVELOPMENT
(j New Construction
(J Residential Number of housing units
(] Commercial ( I Other
[ 1 Addition/Reconstruction of Existing Structure
(J Manufactured Home
( ) Prlvete lot I ( Mobile Home Park
[ j Fktanchg/Rennancing an existing structure
Id Other Bank Rc3j3 jQvation ant-1 Prnfinci-;nr,
Subdivisloin. Watercourse alteration, eta
IV. FLOOD HAZARD DETERMINATION
1. Is the proposed development or structure located within the mapped 100-year Iloodplaln?
[ [ No FIRM Panel /u20U1Z-
[ J Yes Zone
2. The following will be required for this structure/development
[ J Borough Floodplain Development Permit
Dale Signature: [ I Lendli l institution
[ [ Borough Official
2193
I
r
r
s
d-1
Suggested By: Fire De,.-.---.
CITY OF KENAI
ORDINANCE NO. 1669-95
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE, CHAPTER 8.05.010, TO ADOPT THE
LATEST EDITIONS OF THE NATIONAL FIRE CODES AND THE UNIFORM
FIRE CODE.
WHEREAS, the Council of the City of Kenai previously adopted by reference the 1991
Edition of the National Fire Codes and the 1991 Edition of the Uniform Fire Code; and,
WHEREAS, new editions of the National Fire Codes and the Uniform Fire Code have
been promulgated for 1994 and 1995; and,
WHEREAS, it would be most beneficial and in the best interest of the City if the latest
codes be adopted to keep the City updated with all fire safety codes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1: Pursuant to the provisions of Section 2-14 of the Charter of the City
of Kenai, which allows for adoption by reference, the National Fire Codes, 1995 Edition,
consisting of 13 volumes, promulgated by the National Fire Protection Association, is
hereby adopted and incorporated by reference as part of the ordinances of the City of
Kenai.
Section 2: Pursuant to the provisions of Section 2-14 of the Charter of the City
of Kenai, which allows for adoption by reference, the Uniform Fire Code, 1994 Edition,
is hereby adopted and incorporated by reference as part of the ordinances of the City of
Kenai.
Section 3: That Kenai Municipal Code, Chapter 8.05.010 is hereby amended as
follows:
8.05.010 Adoption of Fire Prevention Standards
(a) The City of Kenai hereby adopts the following fire prevention
standards:
(1) The NATIONAL FIRE CODES of [12] 13 volumes,
[1991] 1995 Edition, of the National Fire Protection Association;
(2) (Repealed by Ord. 798-82)
(3) That certain bound volume known as the Uniform
Fire Code., [OF 1991 ] 1994 Edition.
Page 1 of 2
(b) The above codes are available for inspection and use by the
public in the Public Safety Building in an office designated by the Fire
Chief.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of
December, 1995.
ATTEST:
Carol L. Freas, City Clerk
cif
John J. Williams, Mayor
Introduced:
Adopted:
Effective:
Page 2 of 2
November 22, 1995
December 6, 1995
January 6, 1996
G-?
Suggested by: Parks & Rec. Di....____
City of Kenai
RESOLUTION NO. 95-73
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $2,500 IN THE GENERAL FUND FOR ADDITIONAL MONEY
TO COMPLETE THE REPAIR AND REPLACEMENT OF CHRISTMAS
DECORATION TRANSFORMERS.
WHEREAS, the replacement and/or repair of the transformers
used for the Christmas decorations was more extensive than
anticipated; and
WHEREAS, Christmas decorations are desired by the City
Council and citizens of the City of Kenai; and
WHEREAS, money is available for transfer in the contingency
account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Fund
From: Other - Contingency $2,500
To: Beautification - Repair & Maintenance $2,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th
day of December, 1995.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(11/27/95)
kl
i
Suggested
Historic District Br,
CITY OF KENAI
RESOLUTION NO. 95-74
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE
CITY MANAGER, THOMAS J. MANNINEN, TO SUBMIT TO THE STATE OF ALASKA AN
APPLICATION FOR A FEDERAL GRANT FOR A HISTORICAL PUBLIC PRESERVATION
EDUCATION PROJECT FOR A SIGNAGE PROJECT IN THE TOWNSITE HISTORIC DISTRICT
AND THE SHKITUK' VILLAGE SITE OF KENAI, ALASKA.
WHEREAS, pursuant to the National Park Service Historic Preservation Act of 1966, certain
federal share matching grants for historic preservation projects are available to certified local
governments; and,
WHEREAS, The Council has reviewed the letter of intent prepared by the City of Kenai for
such a federal share matching grant for a Signage Project in the Townsite Historic District of
Kenai, Alaska,
WHEREAS, The Council is fully cognizant of the obligations and responsibilities that will be
incurred by the City of Kenai upon acceptance of such grant:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
that:
Section 1. The Council hereby authorizes the City Manager, Tomas J. Manninen, to
submit an application to the State of Alaska, Department ofNatural Resources, for a
federal share matching grant for a Signage Project in the Old Town District and the
Shkituk' Village Site of Kenai, Alaska.
Section 2. The department of The City Manager is established as the agent for the
City of Kenai for administration of this project.
Section 3. If the City of Kenai is awarded the grant for a Signage Project in the
Townsite Historic District of Kenai, Alaska, the council will introduce an ordinance
providing matching funds for this project.
Section 4. Effective Date. This resolution shall be effective immediately upon
adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6" day of December,
1995.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Memo
Date: 11 /27/95
To:
Kenai City Council
Through:
Carol L. Freas, City Clerk
Through:
Keith Komelis, Acting City Manager
Through:
Keith Komelis, Public Works DirectorC-
From:
Jack La Shot, City Engineer �-
RE:
TOWNSITE HISTORIC DISTRICT BOARD
HISTORIC PRESERVATION FUND GRANT—SIGNAGE GRANT
At the November 20'hTownsite Historic District Board meeting the Board voted to proceed
with the signage grant. This is a matching grant wherein the city would be refunded 60
percent of the total project cost. The THD Board decided to combine two signage projects
in this grant application. This would include the signage for Old Town and the Shkituk'
Village sign.
The THD Board met with the Rotary Club with regards to the signage in Old Town. Rotary
Club has agreed to work with the Board on the Old Town signage project. It is our
understanding that Rotary Club will supply labor if the Board can obtain funds for the
materials. This grant would purchase materials for 30 signs. The signs would be four feet
long and six inches wide and made of cedar. The name of the property would be routed in
the wood. A 4" X 8" metal plaque will be placed on the sign containing basic information
about the property such as the original owner and date of original occupancy. This
information will be determined from the Historic District Survey. The cost per sign will be
approximately $100.00 ($81 for materials and the remainder for engraving at $.10 per
letter). The total for 30 signs will be approximately $3,000.
The Shkituk' Village sign would be a historic marker to be placed at the Shkituk' Village site.
This would be an 8' X 12' trifold panel consisting of fiberglass embedded panels. The
artwork for the sign has been sketched by Bunny Swan. The estimated cost of this sign
is $3080. This estimate includes Artwork ($500), Scanning ($45), three Fiberglass
embedded panels ($2035), and wood framing ($500).
DOES COUNCIL AUTHORIZE THE TOWNSITE HISTORIC DISTRICT BOARD TO
APPLY FOR THE MATCHING GRANT?
JUmk
c-
Suggested by: City Manager
City of Kenai
RESOLUTION NO. 95-75
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $8,000 IN THE GENERAL FUND FOR ADDITIONAL
MISCELLANEOUS AND TRANSPORTATION EXPENSES IN THE CITY
MANAGER DEPARTMENT.
WHEREAS, the City Manager needs an additional $4,500 for
travel to Juneau during the legislative session and for
legislative committee meetings; and
WHEREAS, some unbudgeted expenses were incurred in
travelling to Sitka to select the new finance director; and
WHEREAS, the City Manager needs an additional $3,500 for
miscellaneous expenses for Chamber meetings, board meetings
and registration fees; and
WHEREAS, money is available.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Fund
From: Other - Contingency
$8,000
To: City Manager - Transportation $4,500
City Manager - Miscellaneous 3.500
$8,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th
day of December, 1995.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(11/30/95) kl
Suggested by: Administration
City of Kenai
Resolution No. 95-76
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AWARDING THE BID FOR ONE HEAVY DUTY AMBULANCE TO UNITED FIRE
SERVICE, INC., FOR A LUMP SUM AMOUNT OF $127,513.00.
WHEREAS, the City of Kenai received two bids for the above mentioned vehicle
from the following firms:
Wheeled Coach Corporation $139,920.00
United Fire Service, Inc. $127,513.00
AMTAC "No Bid"
WHEREAS, United Fire Service, Inc. does conform to the bid specificaitons; and
WHEREAS. the City of Kenai Fire Department recommends awarding the bid to
United fire Service, Inc. for the total bid amount of $127,513.00; and
WHEREAS, the Council of the City of Kenai feels that this is in the best interest
in the City of Kenai, to award this bid to United Fire Service, Inc.; and
WHEREAS, sufficient funds are available.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the bid for one heavy duty ambulance be awarded to
United Fire Service, Inc. for a lump sum amount of $127,513.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of
December, 1995.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: f` J
Written by the Kenai Fire Department
Memorandum
Date: December 1, 1995
To: Keith Kornelis, Acting City Manager
From:bavid C. Burnett, Fire Chief
Subject: Ambulance Bid Results and
Recommendation
The bid opening for a heavy duty ambulance was conducted at approximately
9:00 a.m., today. The Fire Department sent out bid specifications to the
following manufacturers:
AMTAC - Certified #Z 107 528 779
1209 S. Union
Rock Rapid, Iowa 51246
(800)843-4288, Fax (712)472-2655
Wheeled Coach Corporation - Certified #Z 107 528 805
2737 N. Forsyth Road
Winter Park, FL 32792
(407)677-7777
United Fire Service, Inc. - Certified #Z 107 528 789
5648 - 221 st Place S. E.
Issaquah, WA 98027
(800)548-2931, Fax: (206)392-8610
Of the above listed companies, the City received two (2) bids, one from
Wheeled Coach and one (1) United Fire Service, Inc.. United Fire Serivice met
full specifications with four (4) exceptions, which were acceptable and is within
our budgeted range.
I recommend we submit a resolution for December 6, 1995, to accept the bid
submitted by United Fire Service, Inc.
Let me know if you have any further questions, or need more information.
DCB/slb
Attachments
M. Robin Feltman, Acting Finance Director
BID OPENT TABULATION
PROJECT:
BID DATE/TFME:
PLACE:
CONTRACTOR/e,:�)(-2, ALTERNATE ALTERNATE TOTAL BID
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
November 21, 1995, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: November 8, 1995
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
a. Lisa Parker, Kenai Peninsula Borough, Planning Director
5. PLANNING:
a. Subdivision Plat Approval, Beaver Loop Acres, Add. No. 1, PZ95-60
6. PUBLIC HEARINGS:
a. Rezoning Application, J & S Enterprises, Lots 31 & 32, Section 33, PZ95-59
7. NEW BUSINESS:
8. OLD BUSINESS:
a. Comp Plan Update
b. Reconsider PZ95-56, Subdivision Plat, Bailey Estates
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Kenai River Special Management Area Advisory Board, Minutes, October 5,
1995
b. Robbins' Retirement Communities Letter dated November 13, 1995
c. Public Meeting Notice
d. Memo for Parliamentary Procedure Work Session
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
ROLL CALL:
Members Present:
Members Absent:
Others Present:
UNAPPROVED
CITY OF KENAI
PLANNING AND ZONING COMMISSION
MINUTES
November 21, 1995
Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron
Goecke, Karen Mahurin, Kevin Walker
William Toppa
Councilman Hal Smalley, Robert Springer —City of
Kenai Building Official, Marilyn Kebschull—
Administrative Assistant, Lisa Parker —Planning
Director KPB, and approximately 25 city residents
APPROVAL OF AGENDA:
Chairman Walker asked for a motion to approve agenda. Phil Bryson asked that prior
to approval of agenda, that Item 8b, Old Business, Reconsideration of PZ95-56 be
added to the agenda and BRYSON MOVED FOR UNANIMOUS CONSENT OF
AGENDA WITH ADDITION. MOTION SECONDED BY RON GOECKE.
Karen Mahurin requested clarification of PZ95-56. Chairman Walker noted in the
minutes that PZ95-56 was listed and asked if Mahurin would like a moment to review.
Item reviewed. Mahurin stated not objection to addition. Walker asked if any
opposition to unanimous consent for approval of agenda. None noted. AGENDA
APPROVED.
APPROVAL OF MINUTES: November 8, 1995
CARL GLICK MOVED FOR APPROVAL OF THE MINUTES OF NOVEMBER
8, 1995. MOTION SECONDED BY PHIL BRYSON.
Chairman Walker asked for any corrections or additions to the minutes. None noted.
Walker asked if anyone opposed unanimous consent. None noted. MINUTES
APPROVED BY UNANIMOUS CONSENT.
PERSONS PRESENT SCHEDULED TO BE HEARD:
Lisa Parker, Kenai Peninsula Borough, Planning Director —Ms. Parker stated she
wanted to discuss borough lands within the City of Kenai. Parker noted that a couple
of years ago the Borough Assembly passed a resolution and ordinance adopting a
Planning & Zoning Minutes 1 1 /21 /95 Page 1
Borough Land Code. Parker stated that within that code it stipulated that prior to
disposal of any borough lands that those lands must be classified. Parker stated there
are 14 classifications that the assembly designated as classifications for borough
owned lands. Parker noted they range from agricultural down to waste handling and
include a variety of subjects. Parker stated she had brought a copy of the borough
code to provide to the Planning Department. Parker also stated she had brought a
couple of maps, one that shows current zoning within the City of Kenai and another
map showing land ownership status. (Maps were hung.)
Continuing, Parker noted that earlier this fall the borough had received a request
from the City of Kenai to transfer borough properties to the City of Kenai along the
Spur Highway where the City of Kenai is putting a future well site and it has also
been designated as a potential site for a fire station. Parker noted that Kenai has also
requested that the Borough assist them in transferring some lands that are held by
the Mental Health Trust transferred from the Mental Health Trust to the borough and
then on to the City of Kenai. Currently within the city limits (Parker noted on the
map where the city limits were delineated.) the only land that is currently classified
under this ordinance is a small parcel near Wildwood Correctional Center. This is a
40 acre parcel that is classified as resource management with another classification
under that of residential. Parker noted that before the borough can assist the City of
Kenai in transferring the lands that they would like to have from the borough to the
City of Kenai, all borough lands need to be classified. Parker noted the borough lands
on the map are shown in red. Parker advised the lands in purple are State of Alaska,
green are City of Kenai, blue are private residential. Parker noted the code on the
map showing the designations. Parker stated the map shows a good idea of the land
ownership patterns in the city.
Parker noted that the borough is starting the process within the borough of classifying
borough -owned lands. Parker stated that where there is an existing Planning &
Zoning Commission as in Kenai, Soldotna, Seward, and Homer, the borough would
like to work with the local Commissions in determining the designations. These
classifications would then be forwarded to the Planning Commission and the Borough
Assembly.
Ms. Parker stated that was the thrust of her comments and asked if there were any
questions. Parker stated that she had noticed the Comp Plan Update later on the
agenda and that she was unaware of the status but that this classifying could be
addressed under the Comp Plan. Parker drew attention to the second map showing
the existing city zoning.
Chairman Walker asked for questions. Ms. Werner-Quade asked Ms. Parker if copies
of the maps would be made available. Parker stated the maps she had brought were
for the city. Parker added that the borough feels it is important to work closely with
the local governments to make sure that the classifications conform within the
existing zoning requirements that the cities have. Walker stated that he felt it would
Planning & Zoning Minutes 1 1 /21 /95 Page 2
be appropriate to schedule this request for a future meeting to allow time between the
Planning & Zoning Commission and staff to analyze the properties and then provide
the borough the information. Ms. Parker stated that the borough would make staff
available from the Borough Planning Department to work with staff from the city if
the city should so desire. Parker stated she knew that the city manager is anxious to
get the parcels along the highway classified. (Parker showed on the map the parcels
in question.) Parker noted that some parcels will be easy to classify and others that
will be more difficult. Chairman Walker thanked Ms. Parker for her information.
PLANNING:
Subdivision Plat Approval, Beaver Loop Acres, Add. No. 1, PZ95-60
CARL GLICK MOVED TO APPROVE RESOLUTION PZ95-60. MOTION
SECONDED BY RON GOECKE.
Chairman Walker asked for additional staff comments. Mr. Springer noted no
additional comments. Walker asked if anyone in the public wished to speak to PZ95-
60, a subdivision plat approval. Member of the audience asked where this was noting
she did not have a copy of the agenda. Advised Beaver Loop area. Walker noted no
comments and brought PZ95-60 back to the Commission for discussion.
Mr. Bryson went on record noting his intent to abstain because his company has been
contacted by the developer to provide engineering services on this subdivision. No
further discussion noted, Chairman Walker called for question.
VOTE:
GLICK
WERNER-QUADE
MAHURIN
MOTION PASSED.
PUBLIC HEARINGS:
YES
BRYSON
YES
GOECKE
YES
WALKER
ABSTAIN
YES
YES
Rezoning Application, J & S Enterprises, Lots 31 & 32, Section 33, PZ95-59
RON GOECKE RECOMMENDED APPROVAL OF PZ95-59, REZONE
APPLICATION, LOTS 31 & 32. MOTION SECONDED BY CARL GLICK.
Chairman Walker asked if additional staff comments. Mr. Springer noted no
additional comments.
Planning & Zoning Minutes 1 1 /21 /95 Page 3
Chairman Walker opened public hearing and asked if anyone in the public wished to
speak to this item. Walker instructed audience to come forward, sign in, and state
name for the record.
Vesta Leigh advised she lives in what was called the Maps area. Leigh stated she was
one of the original people who got the area zoned. Leigh stated there was multiple
housing coming in that was turning "pretty shitty" already by then and they wanted
the area residential. Leigh added that here comes somebody and no one knows what
he wants and even if she did, she still wants it residential. That is why the residents
asked to have it zoned. Leigh advised she would like to speak to the 300 feet
notification policy stating that she felt it was bizarre and that you could spit that far.
Leigh noted there was a lot bigger area that got together to begin with for the Maps to
start with and feels that she should have been notified. Leigh noted that only one
interested party found out because he lived within 300 feet and came by neighborhood
doors. Leigh stated this seemed like an arbitrary 300 feet. Leigh asked if the 300 feet
is in the books and is it a rule.
Chairman Walker advised there is one issue to be addressed, the potential rezoning of
the property. Walker advised the 300 feet is a matter of city ordinance and that
Planning and Zoning cannot address it and that it must be addressed by the city
council.
Leigh stated she does not want to see the zoning changed and that is why they asked
to have it zoned. Leigh stated she assumes it is the petitioner who has already
"uglified" that area with a cat and shoved materials off into the drainage ditch. Leigh
noted the City of Kenai had paid a lot of money to have the ditch installed in the first
place. Leigh stated the trees, slash, and dirt is still in the ditch well over her head
and it will be there unless someone rushes out tomorrow and moves it and when water
tries to run down there it will have no place to go. Leigh stated she feels this is
indicative of what could happen if allowed to go commercial in that area. Leigh stated
she does not want this approved.
Linda Engel of Kenai. Engel stated she is vice-president of the Parent Advisory
Committee (PAC) at Kenai Central High School. Engel stated that on behalf of the
PAC officers she would like to state that they are strongly opposed to the proposed
zoning changes in the residential area in the vicinity of Kenai Central High School.
The PAC feels the safety of the children is at stake. Commercial business in the area
would cause increased traffic congestion in the area that is already potentially
hazardous.
Barbara Anderson an employee of Kenai Central High School and the vice-president of
Kenai Central High School Improvement Committee, a site -based decision committee.
This is composed of parents, staff, students, administrators, and community members.
Anderson stated they had their first meeting last week and the first order of business
Planning & Zoning Minutes 1 1 /21 /95 Page 4
was to have Anderson speak on behalf of the committee. Anderson stated the
committee is opposed to the permit and have several areas of concern. First, the
applicant does not specify the nature of the commercial business and they are
concerned that it may target the nearly 1000 students that are at Kenai Central High
School and Kenai Middle School noting that something like a convenience store or a
video arcade would be a definite draw to the students. Anderson noted that they are
concerned about the safety of the students crossing the streets particularly in the
morning hours before school starts which is when they have the most freedom to do so.
Anderson stated that although Kenai has a closed -campus policy we know that
teenagers don't always make good choices and even the best students could be enticed
to leaving school during hours, between classes, during lunch, or before school.
Concern is that this would add to school truancy as well as tardies. Anderson stated
that whatever the nature of the business in these lots, there is concern about the
traffic hazards for a commercial district for the school buses, student drivers, and the
employees, turning in and out of Kenai Central High School. Additionally, a
commercial district draws more non -students and non-residents to the area and there
is concern about unwanted visitors or intruders that may come into Kenai Central
High School.
Dave Spence, principal Kenai Central High. Spence stated he would like to reiterate
and strongly voice support of what has been said in opposition to this proposal. In
addition to the safety of the students, in addition to traffic congestion, and all of the
other problems that can be seen in changing this from a residential to a commercial
zone, one of the things that the high school and middle school like to pride themselves
on is the atmosphere at the schools. Spence stated they are a rural school having a
relaxed atmosphere. Spence stated they have what they think is a very cordial and
friendly atmosphere. Spence noted that having worked in other schools that have
undergone changes similar to this, when you rezone the areas outside of high schools
and middle schools from a residential, family type surrounding to a commercial and
urban or business type of surrounding, you also have an impact on the schools. Not
only the safety issue of drawing kids out of school and students possibly making some
unwise choices and the possible elements coming into that school, but it seems to have
an effect on the whole community. Spence stated they are very strongly opposed to
this sort of measure even though no one knows what the contractors or developers
have in mind for this. Spence stated he thinks the impact would be obvious and it
would happen very soon in our school. Spence added that with all of the problems
surrounding our communities and society in general, he thinks it would be a step in
the wrong direction.
Ramon Rogers stated it is his neighborhood too. Rogers stated the property in
question is already an eye sore and he doesn't know what the plans are and added t
will be a problem during break up. Rogers stated that speaking for the land owners in
the area that no one wants the zoning changed from residential and he urges to keep
it residential.
Planning & Zoning Minutes 1 1 /21 /95 Page 5
Dennis Dunn of 118 Wooded Glen, Kenai. Dunn stated he was here in two capacities,
one as a resident and as a representative of the school district. Dunn noted that he is
the assistant principal at Kenai Middle School. Dunn stated that first when you talk
about the adjacent property owners, to be honest, his family, wife, and children come
out of Tinker Lane and hit the highway every day and he feels like he is an adjacent
property owner as well. Dunn noted that he feels that there are many who feel that
way. Dunn stated he echoed the sentiments of Mr. Spence and Ms. Anderson in terms
of the potential negative and adverse impact on the quality of the atmosphere at
Kenai Central High School and Kenai Middle School. Dunn stated that he is also
concerned with this moving as rapidly as it is without having more people involved
that he gets a sense from the people in the audience that there is a panic that this is
going way too quickly than it ought to go. Again, noting the issue of a traffic hazard,
Dunn stated it only takes one incident of a kid doing something crazy like running
across the street. And, if it's to run across the street to get a big gulp or something
else it could be avoided. Dunn stated he didn't have information regarding what is
going to be developed but it only takes one child, one moment in time for us to look
back and say boy was that a bad decision. Dunn stated he really hopes that we don't
find ourselves in that situation. Dunn stated in looking at the City of Kenai and as a
proud member of the City of Kenai, he does not see positive impact from rezoning this.
Dunn stated it is not the kind of flirtation that we want to place in front of our
children. Kids are impulsive at this age and he cannot see anything positive. Dunn
stated it is also his understanding that the city's engineer is recommending denial of
the rezone and he would urge the commission to heed the advice of the city engineer.
Dunn stated he feels there is a tremendous quality of life in the City of Kenai and he
trusts that the commission will act accordingly in maintaining that quality of life.
Dunn strongly and respectfully suggested that this rezone be denied.
Glen McCollum, Sr. Stated he lives on lots 25 and 26, has a duplex on lot 30, duplex
on Cinderella Street, and a house on lot 20 on Magic Avenue. McCollum stated there
are five families who live in this area and we don't want a commercial unit next to it.
Lots 31 and 32 are directly across the street from these homes. McCollum stated there
have been other attempts to change the rural residential zone which have failed and
we are determined to stop this one. This not only effects Cinderella but effects the
schools too. McCollum stated he feels this should be free of any commercial
establishment and will add to traffic and insecurity to that area.
Ralph Ash stated he first moved to Kenai with his employer Star Airlines in 1941.
Ash stated he has resided at his present location on Cinderella Lane going on nine
years. Ash stated that prior to that his son lived there for approximately three years
and that he stayed with him frequently during that time. Ash stated that
professionally he has a doctorate in outdoor recreation. Ash advised that he had
served one career as a civilian advisor for the headquarters of the Alaskan Air
Command at Elmendor£ His title was chief of recreation services and facilities
division. He served 26 remote sites throughout Alaska and two main air bases,
Elmendorf and Eilson. Wildwood Air Force Base was also included. Ash stated he is
Planning & Zoning Minutes 1 1 /21 /95 Page 6
firmly opposed to the changing of the present zoning of rural residential to general
commercial. Adding congestion to a main arterial highway directly across from the
high school exit is not an example of good planning or zoning. This should be
considered an accident waiting to happen. Ash stated it is also in near proximity to
the Kenai Middle School exit on the Spur Highway and it will only contribute to the
accident potential in this area. This same thing applies to the entrance to the Kenai
High School. Continuing, Ash stated that no mention has been made to what
commercial venture is to be placed on this property. Additional multi -housing will
adversely effect the present rural residential environment of the area. It will bring
the usual problems associated with multi -family facilities. A commercial zone and
multi -family dwellings will totally change the rural residential character of the area.
Ash stated he is absolutely opposed to such planning and zoning. The propriety being
clear cut and leveled before the rezoning is in question. Ash stated that if necessary
he will obtain a court order prohibiting the use of his driveway as a turning around
facility. It should also be noted that students use Cinderella Lane as a walkway to
and from school. Added traffic congestion is not good planning. Ash suggested that
members of the Planning and Zoning Commission take a look at the residuals left
across the street from his residence. Ash asked that they notice the size and age of the
trees which were cut. Only a few of the total remain on the ground. Ash quoted, "The
commission recently reviewed commercial zoning along the Spur Highway. No
additional zones were recommended. The Comprehensive Plan discourages
commercial rezones in neighborhoods that can be adversely impacted. In light of
recent history of the area and other attempts to spot zone along the Spur Highway,
recommend denial. Ash stated he firmly agrees with these comments and firmly
oppose any rezoning.
Laurel Pickering stated she resides on Cinderella. Although, not a property owner,
she stated she has lived there approximately four years. Pickering stated she would
like to see the neighborhood preserved as it exists now.
Sherry James who stated she also is not a property owner, rents from Mr. McCollum,
and lives right next door to Mr. Ash. James stated she woke up one morning and
looked out the window and by that afternoon the area across the street had been clear
cut. James stated she lives less than 300 feet from this lot. As Mr. Ash stated, James
noted that she has people turning around in their driveway all of the time. To bring a
business in will not do them any good. They will have to put up a fence to keep the
people out. James stated that the day they cut down all the trees and left them the
workers were parking in their driveway.
Note: Problem with tape —public comments from this point are brief and from notes
only.
James noted that they had left a large pile of debris which by spring will have all
kinds of bugs. James commented on the clear cutting and how her building is
completely open to the highway now. In addition, felt that things happened too fast
Planning & Zoning Minutes 1 1 /21 /95 Page 7
and the owner didn't let anyone know what they were doing. James quoted the city
engineer's comments against the rezoning request.
Joanne Buzzell stated that ten years ago she and Ingrid Manzek went door to door
getting signatures to get the area rezoned. Buzzell stated Rick Baldwin had donated
legal help with the rezone. She indicated she hoped that all their work would not be
set aside and was against the rezone.
Pam Lazenby resident and parent of a student at Kenai Middle. Lazenby stated she
was strongly opposed to the rezoning request and that the safety and welfare of the
kids should be considered. Lazenby stated the school district doesn't bus the kids in
that area and they must cross the highway to school. In addition, stated there was
talk that it may be a convenience store which would provide unnecessary access to
tobacco products to students. Lazenby requested the Commission not allow this to
happen.
Tracy Lee lives adjacent to lot 20. Has a daughter who will be going to Kenai Middle
School. Stated they are hoping to purchase the home in the next year but that if the
rezone occurs, they will not buy the home. Against the rezone request.
Kathy Godek, resident with two students at Kenai Central High School and one at
Kenai Middle School. Concerned with safety for those students who will skip out if a
business opens that draws kids. Godek noted she did not know what kind of business
may be developed. Against rezoning request.
Debbie Sonberg a resident of Cinderella. Stated she has one child. Sonberg stated the
highway plan had little consideration for the schools. Stated there was difficulty
getting those that planned the highway to add consideration for the children because
there are so few that live on that side of the highway; however, Sonberg stated they
are very precious few. Noted that there is no bus for the children. Sonberg does not
want any commercial development to add to an already difficult problem. Asked the
commission to consider the effects on the neighborhood.
Colleen Ward of 708 Magic Avenue. In addition, stated she owns a lot off Crystal.
Encourage the Commission to consider and review the Comprehensive Plan. Ms.
Ward read several sections from the Comp Plan including information from page 15
and 22.
Tape begins again.
Ms. Ward continues reading sections ........ No direct service relationships to the needs
of residents of the neighborhood. Protect established residential neighborhoods from
Planning & Zoning Minutes 1 1 /21 /95 Page 8
intrusion by incompatible land use." Ward asked the group to bear with her, she only
had a few more statements to read. "Amend the zoning code to preserve the integrity
and enhance the character of the neighborhoods. Neighborhoods along the Spur
Highway," it lists a few, including East Kenai, "have small commercial districts which
do not necessarily serve the needs of the immediate neighborhoods. The zoning for
these commercial areas is general commercial, the same zone as the downtown area.
But, the residential neighborhood setting is quite different than the downtown. Land
use regulations should better reflect the differences between downtown commercial
use serving the region and smaller commercial sites in the neighborhoods along the
Spur Highway." And the final thing Ms. Ward stated she would like to read from the
City's comprehensive plan is on commercial land use strategies. This suggests that we
concentrate commercial development at strategic locations along the Spur Highway
where traffic turning movements can be controlled and impact on adjacent
neighborhoods can be minimized. Ward stated, to rezone the particular strip of land
that we are talking about tonight, would be adversely opposed to the city's
Comprehensive Plan. Ward stated she is here not only as a land owner but as a
parent. Ward noted she has three children and combined they will spend 18 years
making the crossing over from one side of the Spur to the other right at the critical
intersections that are being discussed. Ward asked that on their behalf that the
Commission reject this appeal or variance to rezone this property. Ward added that
she knows the Commissions job is difficult and thanked the members for undertaking
the job. Ward asked that the Commission consider the overwhelming plea of the city
residents. Continuing, Ward asked that the Comprehensive Plan be considered and
think of the work that was invested in getting this neighborhood zoned as it is. Ward
stated that in spite of the fairy tale names like Cinderella and Magic and Princess,
please keep in mind that the residents are grounded in reality and know the
implications of such a change. And, please keep the implications in mind.
Chairman Walker asked for further input.
Hugh Chumley, petitioner. Stated he too was a resident of the neighborhood being
discussed. Chumley stated he lives on Princess Avenue. Chumley stated he came to
the area in 1968 and the area being discussed was the area of his first home site in
Kenai. Chumley noted that when he first came to the area his step -dad and granddad
worked for McCollum and he also went to Mr. McCollum looking for work. Chumley
added that McCollum's business was on the corner where McCollum now lives. He
noted that it seemed then like they lived out in the country and things have changed
since 1968. What seemed to be a journey into town now is right downtown, a five lane
road going through there. The road will go clear out beyond the area being discussed.
Chumley stated he is here to say he shares some of the same concerns expressed by
the public tonight. Chumley added that he has been in business on the Peninsula for
17 years. Addressing, Mr. Dunn, stated that his business has employed many high
school students in fact today some of their key employees are children who have been
brought up through the work co-op program. (At this point introduced himself and
noted he was the petitioner.) Chumley stated he was not here to degrade the
Planning & Zoning Minutes 1 1 /21 /95 Page 9
neighborhood and community and apologized for the delayed construction that took
place. Chumley noted that he had done so to get aggregate from the Spur Highway
construction project. Chumley stated he would like to assure the Commission as well
as his neighbors and friends that he is not there to degrade the neighborhood.
Chumley added that he builds here, has children and grandchildren, and a business.
He apologized for the lack of information in the Commission's packets noting that the
hope was to put a beauty shop and video rental store which would have been open in
the evening. Chumley stated that one member of the public had noted that one child
would not be worth anything that would happen there. Chumley added that whether
the Planning and Zoning Commission approves this or not, the city is expanding and
he believes that some day that businesses will be there. Chumley noted the huge
addition on the church off Princess a few blocks from his home. The five lane highway
will bring change. Chumley asked the Commission to consider this rezoning and
Chumley wants to assure the Commission and the neighbors that the intent is not to
degrade the neighborhood.
Chairman Walker asked for others wishing to speak to the item.
Jim Montgomery, 535 Wortham Avenue. Stated he came as a parent of two students,
one at Kenai Middle School and one at Kenai Central. Montgomery stated he was
concerned about any traffic changes in that area. Montgomery noted the exit, as has
been stated by Mr. Spence from Kenai Central, and entrance off Tinker to KMS, and
that any type of further traffic would cause a lot of problems. Montgomery stated he
spends a lot of time going to and from the schools doing volunteer work, hauling kids.
There is a lot of traffic. There is a little jog there now where they put up a barricade.
It will all be in that area and he doesn't think any student's life or one accident is
worth it. Montgomery urged the Commission not to vote for this.
Chairman Walker asked if any other persons wished to speak to this item. Seeing and
hearing none, Walker closed the public hearing. Item brought back to the Commission
for discussion.
Ms. Mahurin stated it is strange for her to be sitting on this side of the audience as
most of those speaking tonight are part of her school community. Mahurin commented
it is a different role for her tonight and noted her appreciation for all of those who
came and testified. Mahurin stated she agreed with all of the comments made
tonight. Mahurin added that she appreciated Mr. Chumley sharing his intent for the
property. Mahurin stated that as being part of the school community she is very
aware that the parents in that neighborhood have tried very hard to get the school
district to designate that area as a hazardous bus route and the school district has not
done that. The parents in that area and the various PTA's have also tried to work
with the state to get some type of lights or a crossing over the highway because
students who live on the McCollum side of that highway are crossing that highway in
the dark. Mahurin stated she is very aware of the hazards and shares those concerns.
Mahurin added she does not believe in spot zoning and very disappointed that the
Planning & Zoning Minutes 1 1 /21 /95 Page 10
property was totally cleared of every tree. Mahurin commented on the church addition
project and stated that she felt that is different than a commercial venture. In
addition, Mahurin stated she is concerned and would like the city to check into if there
is debris in a drainage ditch and what sort of a problem that may be. Mahurin stated
she had looked through the zoning code to see what could be done and she is not aware
of any direct orders but she would like this pursued. For all these reasons, Mahurin
noted she will be voting no on this request.
Ms. Werner-Quade thanked all of the people who came tonight for taking their time to
come. In addition, noted she is a neighbor to most stating her address as 409
McCollum. Werner-Quade stated the highway configuration is a mess. Continued,
noting she enters the highway to the right and has had difficulty with the darkness
finding herself driving on the shoulder without realizing that she was not on the
highway. Werner-Quade noted the highway is not marked, there are no lights, it is
not clear, and the property has been cleared. The configurations between Tinker Lane
and Princess needs something and noted it would be nice if that happened before
winter.
Mr. Bryson stated that several items came up during testimony. One focused on
comments made and supported by the land use plan and the land use map. The area
is very clearly identified as appropriate for medium density residential. Bryson stated
he understands the land use plan was done prior to the voluntary petition and
rezoning of the property by the individuals. Bryson commented that to him the
existing land use being low density residential is still within the general intent of the
land use plan. He stated he feels to rezone the area to general commercial would be a
spot zoning situation and inappropriate. For those reasons, Bryson stated he will be
opposing the approval. He added that he would like to reiterate that this is a
neighborhood that is the largest situation that he knows of where a group of
individuals in a large area petitioned and modified the zoning on their own. Bryson
stated he feels that it is very clear at the time what their intent was and it was tied in
to providing water and sewer for that area.
VOTE:
BRYSON NO WERNER-QUADE NO
GOECKE NO MAHURIN NO
GLICK NO WALKER NO
MOTION FAILED.
Chairman Walker thanked the audience for coming and testifying. Walker noted the
decision can be appealed to city council and that would be up to the council scheduling
as to when it would be heard. Someone from the audience asked if they would be
notified if the decision is contested. Walker stated that those persons within 300 feet
would be notified. The audience noted only one person was within 300 feet and
Planning & Zoning Minutes 1 1 /21 /95 Page 11
questioned the 300 feet. Walker noted he understood the concern but the 300 feet
notification is required by city ordinance. An individual asked if it could be put in the
paper four times. Walker noted it is advertised as it is a public hearing and it was in
fact advertised.
Mr. Bryson requested a brief recess.
OLD BUSINESS:
Comp Plan Update —Chairman Walker noted what was is in the packet as the memo
issued from Pat Porter the Director of the Senior Center. Walker stated he believed it
was her intention that these comments be added to the Comp Plan update. Walker
asked if there were questions from administration on this. Mr. Springer stated he had
none. Ms. Kebschull advised she was new to the process and was only familiar with
the method used by herself and Ms. Werner-Quade noting the other sections have
been read through page and page making the changes. Kebschull stated she didn't
know if that was what the Commission wanted to do with the remaining sections that
needed to be reviewed or how they wanted to proceed. Kebschull noted that by
reading them it may be evident that some changes needed to be made or deletions or
modifications made.
Ms. Werner-Quade asked how much of the Comp Plan is left to be reviewed.
Kebschull advised the Senior Citizens, the library, the health sections. In addition,
Kebschull noted she had received today from EDD a book that may contain most of the
figures for the tables; however, she has not had time to clarify that. Kebschull noted
that Mr. La Shot is on vacation this week and he needs to review his sections.
Werner-Quade stated that essentially under Public Utilities and Services, Section H
Senior Services needs to be reviewed. And, also Section D Health Care. Kebschull
agreed and added the library information needs to be reviewed.
Kebschull suggested that she could ask Pat Porter, Senior Center Director, to read
through the Senior section to update or suggest changes. Walker advised Ms.
Kebschull to ask Ms. Porter to do that.
Walker stated that judging from the memo written by Pat Porter, most of their goals
are the same as what is in the current Comp Plan so it hasn't changed too much.
There may be some numerical updates.
Walker directed the group to look at Item B, Health Care & Social Services, Page 47.
Walker asked if there are any changes or additions to this section. Werner-Quade
asked if Walker was referring to all of D, Walker stated yes. Werner-Quade stated she
had just read the first paragraph and did not see any changes in that paragraph.
Werner-Quade asked if that is how the Commission wanted to proceed? Walker stated
Planning & Zoning Minutes 1 1 /21 /95 Page 12
that it was such a short section that the group should take a moment to review it and
if any changes that anyone wants to make they can then be addressed.
Commission changes to page 47 as follows:
Paragraph 1—No changes.
Paragraph 2—Check and update figures.
Paragraph 3—No changes.
Paragraph 4—Check proposed figures for 1995.
Changes to page 48:
Paragraph 4—Check Kenai Care Center for number of beds.
Paragraph 7-Vocational Rehabilitation number of employees.
Paragraph 9—Change last sentence to read, "...Kenai was completed in 1992.
The facility provides 40 housing units for seniors and is located next..."
Paragraph 9—Add statement, "Discussion has occurred with the city for a
proposed senior citizen condominium facility to be located adjacent to the present
facilities."
Chairman Walker asked for any other suggestions or changes. Werner-Quade asked if
the goals were the same. Walker stated they were the same. Werner-Quade asked
under item a, where the Central Peninsula Mental Health Center was located.
Mahurin stated she didn't feel it was listed as Mental Health anymore and it may
need to be checked. Goecke stated it was on Lake Street. Walker stated he believed
that this is speaking to a Central Peninsula Mental Health C4enter that is proposed
and still is proposed to be built with Mental Health trust funds moneys and there is
potentially three or four facilities that may be built on a statewide basis of which
Kenai may be the site of one. Walker stated so he felt the statement should remain as
it is. Werner-Quade questioned item b. Walker stated that he felt that was speaking
to state funding for staff who are trying to deal with convicted perpetrators. Walker
stated that is still a goal.
Ms. Mahurin stated she will have the library section for the next meeting.
Councilman Smalley noted on Page 67 to change Nikiski Junior/Senior to
Middle/Senior.
Reconsideration of PZ95-56—Bailey Estates Subdivision Plat Approval.
PHIL BRYSON MOVED FOR RECONSIDERATION OF PZ95-56. MOTION
SECONDED BY RON GOECKE.
Planning & Zoning Minutes 1 1 /21 /95 Page 13
Chairman Walker noted this was a motion to bring the item back to the table which
simply allows the Commission to reconsider it and does not change the Commission's
prior action.
VOTE:
WERNER-QUADE
YES
GOECKE
YES
MAHURIN
YES
GLICK
YES
BRYSON
YES
WALKER
YES
MOTION PASSED.
PHIL BRYSON MOVED TO APPROVE PZ95-56 CONTINGENT ON THE PLAT
STIPULATING BY NOTE THAT NO NEW STRUCTURES BE PLACED
WITHIN THE WESTERLY 85 FEET OF THE WESTERLY LOT. MOTION
SECONDED BY RON GOECKE.
Chairman Walker stated that he believed Mr. Bryson's motion as stated rescinds the
Commission's previous action or negates the Commission's previous action and would
have this motion stand in it's stead. Bryson stated that was his intention.
Bryson stated that after the Commission's action two weeks ago that he was
supportive of and initiated, he looked at the original tract. Given the depth and the
small frontage, it appeared that the right of way dedication, that Bryson stated he had
insisted upon, was incorporating approximately 25 to 35 percent of the entire tract at
presumably no compensation to the owner. Bryson stated he does feel that the
roadway should go through that area and that Inlet View needs another access to the
subdivision. However, Bryson stated he feels the person should receive reasonable
compensation. Bryson stated his purpose in the motion is to preclude the construction
of structures in that area and if the city wants to purchase the property or negotiate
for the sale of the property it provides a situation wherein they can do that. Bryson
noted he was not approached by anyone and this was something he had determined on
his own by rethinking his actions.
Mr. Glick asked Mr. Bryson is the street could be jogged along the edge of the property
and then come out to Lawton. Bryson stated yes. He that the road could swing to the
edge and with a double curve situation the right of way could be moved to the west of
the lot. Bryson stated he would add that Jack La Shot had mentioned at the last
meeting that the property owner was either going to or had held back a structure.
Bryson asked if there is a structure on the property. Mr. Springer stated there is now
but not on the portion being discussed. Bryson stated then that this is a possibility if
there was an interest for the council to acquire the property.
Walker noted a comment he would like to make. Walker stated he did not support the
last measure because he felt it was the taking of the land and unsatisfactorily cut into
Planning & Zoning Minutes 1 1 /21 /95 Page 14
the lot. Walker noted this motion does seem to alleviate that situation and he will be
supporting the motion.
Mr. Goecke added that he had also voted against the motion at the last meeting and
he will support the new motion. Goecke stated he did want it as a matter of record
that the only way that he will feel comfortable with the city entering into any
negotiations with the property owner should the city want to push Normal Street to
Lawton would be that it drop down to the west property line. Goecke stated that by
this method the city would not be indebting themselves to a major portion of that
property. Goecke stated that his concern is if the city wants to push the street
through the lot, the individual in question could hold the lot for a long time in court.
Goecke expressed his hesitance at allowing something like this to happen.
Bryson stated his logic in the 85 feet was providing a 60 foot right of way and a 25 foot
building set back. The building set back would be presumably on the easterly side of
the right of way if it were negotiated and this is standard.
Note: Mr. Springer was called from the meeting by the KPD dispatch.
VOTE:
GOECKE
YES
MAHURIN
YES
GLICK
YES
BRYSON
YES
WERNER-QUADE
YES
WALKER
YES
MOTION PASSED.
REPORTS:
City Council —Mr. Smalley noted there was no council meeting and that a meeting
will be held tomorrow night. Smalley noted he did attend the AML meeting and that
Mr. Glick was in attendance. Smalley stated that of the last seven years this is the
best AML he has attended. There were outstanding sectionals one of which was on
the taking of land and the new federal and state laws and the impact on
municipalities. Smalley noted the new laws require substantial financial
commitments which in some cases make it prohibitive. Smalley advised there were
sectionals on the impact of funding of school district budgets, public officials and
ethics, legislative updates, and new funding proposals and revenue proposals that
state funding will be headed towards in the next two to three years (noted a minimum
of $524 million cuts with loss of revenues). Smalley commented that revenues would
be very limited in the near future and they will be tapping into other sources such as
tourism, fishing, etc. Income taxes were mentioned. A proposal to reduce the dividend
fund check $100 per year for at least three years and use that money to create an
investment area like another permanent fund that acts as a supplemental to the state
Planning & Zoning Minutes 1 1 /21 /95 Page 15
budget. Smalley noted that the 14,000 banks in the -country now will be reduced to
1000 banks by the year 2000. Smalley closed by reiterating it was an outstanding
AML attended by 25 to 30 delegates, 150 presenters and board members, a total of
approximately 500 people in attendance. Smalley commented that the Valdez facility
is an outstanding facility which is several years old and cost approximately $5 million
to build.
Mr. Goecke asked Mr. Smalley how he and council feel regarding the Daubenspeck
property. Goecke noted the letter in the packet and that the developer is against
allowing a commercial corridor along Bridge Access but they don't address the 50 foot
wide area where they stop to the corner. Goecke asked what Smalley felt council's
feeling would be about making the developer take that strip. Goecke noted he felt the
strip would be worthless for anything else. Smalley commented that he had presented
the information at the council meeting. He noted that the Mayor had spoken and
stated it was his impression from the minutes that the P & Z Commission wasn't dead
set that there should be a commercial strip there because of a comment in the minutes
by a Commissioner, "If that is all they are going to give us, then they might as well
just forget it." Smalley noted he had stated that was not the intent of the message,
the message was that it is believed by the Commission that a larger commercial strip
is needed. That the strip needs to go the full distance of the corridor. That there is
concern about the access egress at the end at the top of the hill. There is concern
about blocking off property on the back side. Smalley stated that if the Commission
wished for him to take the message back that it does in fact want to see commercial
development in a bigger parcel, he will take that message to council again. If the
Commission wants him to suggest that if there isn't any enlargement of that
commercial area, that it be vacated and the petitioner be held accountable for the
entire piece, he will take that information back. Smalley noted that lease is between
the city and the petitioner which council will have to approve. Smalley stated he
personally thinks that the council will want them to incorporate the entire parcel and
not include any commercial development.
Goecke noted he would have no problem with that if council also said that the
developer be required to take the property described as the little handle that goes to
the corner of Frontage Road and Bridge Access along the football field. Smalley
questioned where he was talking about and Goecke clarified the area. Goecke noted
that the map as was presented to the Commission that the developer had stopped at
the edge of the football field and the strip that runs along there is nothing. Goecke
stated if the developer wants the rest of it to make them pay for that piece too. There
is nothing the city can do with that piece. Smalley noted this was not a problem and
that the minutes would be read. Walker noted that in the minutes from that meeting
that both of Smalley's statements were very true and that the Commission had in fact
urged commercial development there. And, noted that if there wasn't going to be a
commercial development, the Commission would like them to take the whole parcel.
Walker noted that many of the Commission members do believe there should be
commercial property there and that what is indicated on the map is much too small.
Planning & Zoning Minutes 1 1 /21 /95 Page 16
Walker stated the Commission would be very happy to see Smalley take this
information back to council. In addition, Walker noted that some of Councilman
Smalley's peers have indicated that he does in fact take the best reports back to
council adding that he believed Councilman Smalley deserved a pat on the back.
Borough Planning —Mr. Bryson referenced the agenda in the packet for the November
13th meeting and noted there were several items that had created a great deal of
discussion. One being a public hearing on item F1. Bryson explained this was a
petition to vacate a bulldozed road. Bryson stated this parcel is located across
Kachemak Bay and it is a trail that was used for accessing numerous properties and
wanders across several lots. One of the individuals proceeded to construct an access
other than along that trail along one side of his lot and then closed off the other trail.
It was indicated through the courts that he wasn't quite able to do this because the
individuals did not have equivalent access to the new trail he had constructed. Bryson
stated he is now in the process of trying to legally vacate it through the platting
process. This hearing is being continued. Bryson noted there were quite a few people
who had arrived from Anchorage and Seldovia. Under item H1, Blueberry Hill.
Bryson explained this was a special consideration request to plat a tract of property
without surveying being done. Bryson stated there are provisions in the borough
ordinance for doing this. The stipulations generally are a maximum of four tracts, at
least ten acres in size, and the tracts have to be readily identifiable, most commonly
by spare parcels or tracts. This was a 40 acre tract and they were petitioning to break
it into 4 acre tracts. The Planning Commission voted against this. Bryson stated he
was in the minority on this decision. Bryson added that this was a tract that had
already qualified for the survey waiver when it created the 40 acre tracts from 160
acre tracts. Bryson stated the one tract owner was requesting the same consideration
again. Bryson noted it was not an appropriate situation. All plats were approved.
Administration —No report.
INFORMATION ITEMS:
Walker noted an item provided tonight marked as 7a; however, he did not address it
under new business. Walker noted that the Commission has the opportunity to
participate in a work session for lessons on parliamentary procedure. Walker noted a
list of dates to choose from: January 18, 22, 25, 29, or 31, 1996. First or second
choice. Walker asked if anyone wished to suggest a choice. Mahurin stated she would
choose the 18th, 29th, or 318t, being a Thursday, Monday, and Wednesday respectively.
Bryson stated he would agree with any and Mr. Glick agreed. Walker recommended
the first choice as the 31st a Wednesday which seems to be a good meeting night.
Second, choice as the 18th.
Planning & Zoning Minutes 1 1 /21 /95 Page 17
COMMISSION COMMENTS & QUESTIONS: - -
Ms. Mahurin thanked Mr. Bryson for being conscientious and working on one of the
items from last week that was uncomfortable for the Commission. Mahurin would like
the city to check and see if there are any truths to the complaints mentioned during
the public hearing that some of the property that was cleared may be in the drainage
ditch.
Mr. Walker stated he would like to make a comment on this. Walker stated it is
common practice for the city at times to come in onto person's property, perhaps in the
right of way and perhaps exceeding the right of way, to dig drainage ditches with or
without their permission. Mahurin asked Walker to repeat his statement. Walker
stated it is a practice of the city to do that. Walker noted he has property that has a
drainage ditch dug on it without his permission and he has seen other properties in
this area with the same thing. Walker stated that if this drainage ditch has been
filled or partially filled, it may be well within that person's right to do so. Walker
stated that perhaps the city could check in and see if the owner of that property has in
fact breached any laws or regulations.
Mahurin stated that was the intent of her comment. Walker stated that he had
property that they had dug a huge ditch on without consulting him.
Bryson stated that if it is in the highway, it will end up right back on the property
when the contractor starts working. He will not haul it away free.
Mahurin stated she would like to agree with comments made earlier by Ms. Werner-
Quade indicating she had come from a school board meeting last night on the Spur
Highway and it is difficult to see where the road is, particularly on a wet night.
Mahurin stated she wasn't sure where she was; however, notes she doesn't think there
is anything the Commission can do about it except mention that something has to
happen. It is very difficult to see along that section of highway.
Mr. Goecke stated that he feels the Commission is throwing things where they don't
necessarily belong. Goecke stated that he had talked to the city and the contractor of
the highway project and had the utility companies that serve the area done their job,
the highway project in all likelihood would have been completely finished this year.
But, because the utility companies did not get their act together, the contractor
couldn't start where he was supposed to. He ended up starting in town which was
supposed to have been done last. Goecke agreed that the project is messed up but it is
nothing that anybody is going to be able to do anything about. Mahurin stated that
she wasn't suggesting that the Commission necessarily do something about but just
commenting that she does have a concern that it is difficult to see where you are
going. She stated she understands it may not be the contractor's fault. But, strictly
for the people who travel that road, she feels it is hazardous and it is very difficult to
see.
Planning & Zoning Minutes 1 1 /21 /95 Page 18
Mr. Glick asked if the Commission should recommend that the staff bring a
recommendation on the borough land classification request. Mr. Walker stated that
was on his list and felt it would be appropriate and with permission of the body would
ask administration to look at the maps and bring their recommendations back to the
Commission.
Mr. Glick stated he had attended AML and would like to mention a couple things since
it had been said that nothing took place that affected planning commissions. He
stated he did attend some sessions that he feels were applicable to planning
commissions. The opening session presentation was very good for not only elected
officials but any official who does public work. A session regarding the long-range
financial planning for the state had a lot of valuable information. Gail Phillips was a
speaker there. Glick stated he attended another session on new leadership realities
for officials which he felt was a very good seminar. A resources economic development
and land use seminar which included information on regulatory takings was very
informative. This session was put on by the American Planners Association. There
was a session on municipal land entitlements and the speaker for that session was
Senator Torgerson. Glick stated he attended a round table discussion that had to do
strictly with planning and zoning. Glick stated he learned some very interesting
things at that session. A man from Kodiak stated their comprehensive plan, even
though Title 29 says it should be updated and looked at every two years, has not been
looked at since 1968. A gentleman from Valdez told him their plan had not been
reviewed 1978 because they can't agree on it. A woman from Fort Yukon did not know
what a comprehensive plan was. Glick stated he attended a leadership institute called
"Unite Your Community with Strategic Planning & Setting Goals." Glick stated there
were a lot of items that planning commissions would be involved with in setting goals
and they looked at comprehensive plans. Lt. Governor Fran Ulmer spoke at a lunch
regarding state/municipal partnerships. A federal update was given. Glick stated he
attended a land use planning and regulatory takings session and the laws are
changing and the courts are ruling in favor of land holders when planning
commissions place regulations on land which keep property owners from using their
'property. Glick stated he also attended a session called the "Council from Hell." This
was a session on using Robert's Rules and Glick stated this was a very good session on
parliamentary procedures. Glick ended by stating there were a lot of good speakers
and a lot of good information gained and he was happy that he went and feels he
learned enough to make it worth the money he spent.
Mr. Goecke commented on an article in the paper regarding East Kenai about housing
in a residential area for group housing. He stated he saw where this was okay in this
particular neighborhood and thought that the Commission had discussed something
similar. Goecke stated he felt in light of that that the Commission should be prepared
for something like that to come before them to test the waters. Goecke stated if he
remembers right this all came about during the halfway house discussions.
Planning & Zoning Minutes 1 1 /21 /95 Page 19
Ms. Werner-Quade wanted to thank Mr. Bryson for his conscientious attention to
detail in bringing PZ95-56 before the Commission again. Werner-Quade stated that
as far as the "NIMBYS" that Mr. Goecke was just speaking about, those are not in her
back yard. Werner-Quade noted that last spring she had attended a conference that
sounds similar to what Mr. Glick just attended and it is the Alaska Chapter of the
American Planning Association in Anchorage. There was an excellent forum dealing
with planners. They encourage cities to get certain ordinances on the books before and
not after the "NIMBYS" come before you and those can range from halfway houses to
toxic waste dump sites, adult video theater houses, the types of establishments that
you don't really want to live next door to or have families interacting with. Werner-
Quade stated she felt anything that the Commission can do to get those wheels
turning would be to the city's advantage for protection further down the road.
Werner-Quade added that just because there is a need for something doesn't
necessarily mean that our city has to support that need. And, it is a need according to
maybe a select group of people. Also, noted she will be attending the seminar in the
spring even if she has to pay to attend and encourages anyone else to attend.
Chairman Walker noted he had a couple comments and a request of staff. Walker
requested staff poll a few other municipalities to see if they have a school zone and by
that he means a specific type of building zoning requirement or set of laws or
legislation that would be in an area where there are a large number or singular school.
Stated he was looking for something such as was dealt with tonight. He stated it
appears that school administrations are taking an active role in keeping the sanctity
of the area in which their schools reside. Walker asked Mr. Smalley to see if council
could look at some temporary lighting situations in the Spur Highway corridor to
rectify some of the extremely dangerous intersections that we have at this point. If
you are heading towards Soldotna, the signage is terrible, confusing, and difficult.
Walker stated he did not know how to describe it being nearly at a loss for words.
Walker stated he was looking for better signage, better barricades, reflectors, arrows,
and some temporary lights at least throughout the winter until we regain some
visibility. Walker stated he fully believes the lack of snow is not helping this but even
so we have break up to face and a long, cold, hard winter to face. Walker asked
Councilman Smalley to take that request to council.
Smalley responded he would be more than happy to take it to council. Council would
be most likely willing to draft letters to DOT since they have created this situation.
Smalley noted the city and DOT don't have a good standing working relationship with
each other with regard to lighting. This is because at one time they put up the
lighting in Sterling and then stated it was the city's responsibility for lighting.
Smalley noted there was a significant reduction in lighting, hearings were held,
adjustments to the project were made, and they came up with additional lights.
Smalley reiterated he will be more than glad to take that message; however, he does
not think the city will put temporary lighting in that area. Nor, will the city do
anything with regard to barricades, etc. The city can help create signs because the
city has signs or can get them made. Signage and barricades have been discussed
Planning & Zoning Minutes 1 1 /21 /95 Page 20
with the state already but he will do it again. Smalley stated that another part of the
problem with lighting is that it is not completely relocated and he thinks that is why
you see the stub right across from the east exit of Kenai Central High School's parking
lot. Walker stated there are the portable, saw horse type flashing lights and anything
at all that would assist people in being able to see would be helpful. Walker noted
that the lanes were not painted this fall so it makes it difficult to see. Werner-Quade
reiterated her frustration at not being able to see where the road is in relation to the
shoulder of the road. Smalley stated that the requests would be passed on. Walker
noted there would be a public outcry if somebody gets killed. Smalley noted that the
city has had numerous calls about "our" road project and it is not a city project only in
the sense that it is our community. Walker noted it is within the city of Kenai so it is
up to the council to rectify the situation. Smalley stated no, that it is up to the council
to make requests. Walker stated he disagreed that it is up to the council to rectify it
with whatever it takes. If it is requests, that may be.
ADJOURNMENT:
Meeting adjourned at approximately 9:35 p.m.
Resp ctfully Submitted:
Marilyn Kebschull
Administrative Assistant
Planning & Zoning Minutes 1 1 /21 /95 Page 21
1. ROLL CALL:
2.
3.
4.
5.
HISTORIC DISTRICT BOARD
November 20, 1995 - 7:00 p.m.
***AGENDA*** _
Kenai Council Chambers
Chair Dorothy Gray
APPROVAL OF AGENDA:
APPROVAL OF MINUTES: September 26, 1995
October 24, 1995 (Information Only) *
PERSONS PRESENT SCHEDULED TO BE HEARD:
HISTORIC BOARD REVIEW:
6. NEW BUSINESS:
7. OLD BUSINESS:
a. Historic Preservation Grant
Rotary Club Sign Costs and Shkituk' Village Sign Costs
b. Historic Survey
c. Bunny Swan Sign
d. Preservation Plan, Item # 1
e. Review of Sign Code
f. Shkituk' Village --Schedule Planning Session
8. REPORTS:
a. Museums Alaska Conference
9. INFORMATION:
a. Vacant Board Seats Memo
b. Meeting Time Memo/Council Response
c. Chairman Gray's Memo to Council
d. The Alaska Association For Historic Preservation Newsletter
e. November Meeting Date Memo**
f. Memo to Keith Kornelis regarding Mission Street Public Hearing
g. Community Preservation Series Handout*
10. BOARD QUESTIONS AND COMMENTS:
11. ADJOURNMENT:
**Items marked with asterisk attached. All other items sent for the October 2e
meeting. Please bring your October 2e packet to the meeting. IF YOU DO NOT
HAVE YOUR PACKET FROM OCTOBER 24"", PLEASE CALL MARILYN AT 283-
7933.
HISTORIC DISTRICT BOARD UNAPPROVED
November 20, 1995
MINUTES
ROLL CALL:
Members Present: Dorothy Gray, Michael Huhndorf, Alan Boraas, Kim Both,
Ethel Clausen
Others Present: Councilman Moore, Marilyn Kebschull-Administrative
Assistant
APPROVAL OF AGENDA:
Chairperson Gray added to New Business, Item A, Committee Attendance.
In addition, Gray noted that the Vozars are remodeling the Jahrig building
and question if they have a site plan for this building. Add as New Business,
Item B, Vozar Site Plan, Jahrig Building.
Chairperson Gray asked if any other additions. Kim Booth noted that several
businesses in the Old Town area, due to the signage ordinances within the
city, are not allowed off -property signage. There was a question as to a
modification of the signage that already exists as in Old Town loop versus
Old Town so that there is more of an interest drawn to the entire area versus
what everyone knows now as a very small section of the area. This is
because there is more development occurring in the area. Gray advised that
the sign code will be discussed under Item 7e.
Nothing additional noted. Agenda approved by unanimous consent.
APPROVAL OF MINUTES:
September 26, 1995
October 24, 1995 (Information Only) *
Chairperson Gray asked if any changes to the minutes of September 26,
1995. Huhndorf noted that he thought there was a mis-reference to the
dimensions of the Bunny Swan sign being eight by four. However, after
searching, the reference could not be found. Gray noted that she saw one
change that needed to be made, on Page 3, should be plaque instead of
plague.
Minutes approved by unanimous consent.
Historic District Board —Minutes
November 20, 1995
Page i
NEW BUSINESS:
Committee Attendance:
Chairperson Gray noted Roger's letter of resignation was in the packet and
also that Wanda resigned as a result of the letter from the council. Gray
noted the Board was already short two members because Rozanne moved to
Anchorage and James Malanaphy moved. Alan Boraas asked how many
members the Board was short. Gray stated the Board was supposed to have
a minimum of seven plus the three professionals. Gray restated seven
including the three professionals so the Board would be short two members.
Gray stated it may be a possibility to have City Council look at what Kim
was talking about. That being, having some type of an excused absence
since there are some legitimate excuses that should be acceptable but just
skipping a meeting continuously would not be acceptable and that person
would have to be asked to resign. Gray restated that she felt there should
be some legitimate, valid reasons that could be called excused. Councilman
Moore stated he agreed and would take it back to council. Moore stated
reading Mr. Meeks' response had opened his eyes. In addition, listening to
the Board discussion, Moore stated it sounded like Mr. Meeks was a valuable
member of the Board. Gray advised she intends to call him and see if he will
reconsider. Ethel Clausen stated Roger was very upset by the letter. Kim
Booth stated she felt that a general letter that was meant for somebody who
abused their attendance actually hurt the person who was valuable to this
Board. Moore stated that maybe it would have been more appropriate for
council to have contacted the chairs of the committees instead of sending a
generic letter to everyone. Gray stated she was totally surprised by the
letter and felt that would have been a nice courtesy to have been notified of
the council's plan. Gray stated she felt that council should be reminded
again that the people who serve on these boards are volunteers and we value
their time whenever they can give it.
Vozar Building:
Chairperson Gray stated that Mr. La Shot was not in attendance tonight but
would like a memo sent to him to check if the Vozars included a site plan for
the Jahrig Building at the July 25' meeting. Gray stated the site plan had
been brought to the Board "half baked" and they were anxious to get rolling
on it and they literally begged the Board for approval. Kim Booth stated that
as far as she knew they had torn down the little flat -roofed portion and they
are log siding the building. However, she stated she hadn't seen it for a
while and asked if they had added onto the building. Gray stated they have
added a full-sized front porch. Continuing, Gray noted she just wanted to
Historic District Board —Minutes Page 2
November 20, 1995
make sure they followed the code as in the past they have built things and
asked for permission later. Booth and Huhndorf agreed with Gray. Gray read
from the original application, "The existing building will be refurbished."
Gray noted that they really don't say what the extent of refurbishment would
be.
OLD BUSINESS:
Historic Preservation Grant --Rotary Club Sign Costs and Shkituk' Village Sign
Costs:
Gray noted the Rotary Club sign cost letter was included in the packets.
Gray stated that the cost of the signs came to $81 each for the materials.
Gray noted this was Rotary Club's estimate of the cost per sign. Gray
advised Councilman Moore that the Board is planning to write a grant to the
state and get half of the costs paid for, 60/40 is the actual split. Gray noted
the proposal was to work with the Rotary Club and they were going to
furnish the labor for the signs if the grant would pay for materials. Gray
added that the price estimate did not include the engraving. The engraving
would be ten cents a letter so each sign might cost $100 when the
engraving charge is added depending on how much wording is on each sign.
Huhndorf noted the letter from Judith Bittner with several questions and that
the grant has to be done by the 15' as that is the deadline. Gray stated she
didn't feel it would be too hard to answer the questions (how many signs
will be made, what will they look like, the material to be used, what size will
they be). Gray stated that in her memo to City Council she had answered
those questions. Huhndorf stated that at the bottom of the letter it asked
what the final project will be and read, "at a minimum our office will want 2
sets of photographs of the signs and 7 copies of text on the signs."
Huhndorf asked if this has to be complete by the 15"' also. Gray stated that
doesn't have to be in until March 31 ". Kim Booth questioned the statement
in the letter which noted that a final draft of the final project must be
provided at least two months prior to the project completion date. Ethel
Clausen noted the date for project completion was March 31, 1997.
Gray asked if the Board had a copy of what Jack had submitted in the
preliminary letter. Kebschull advised she did not have a copy with her. The
submittal was basically a statement that the Board wanted to make 30 signs
and an estimate of the dollar amount, whatever the cost estimate that had
been supplied. Kebschull added that the questions had been answered in one
or two sentences. Nothing specific was noted and instead more general
information such as historic buildings as determined by the survey. Huhndorf
added based on the preservation survey. Gray asked if the Board was still in
Historic District Board —Minutes Page 3
November 20, 1995
favor of proceeding with the grant and requesting funding for it. Consensus
of yes. Gray asked Kebschull to fax to her what La Shot had submitted and
that she could use the application and fill in -the rest of the answers that
Judith Bittner had requested.
Gray stated that from the information in the letter from the Rotary Club that
the Board has all of the answers now. The only thing that the Board doesn't
have is in regard to what the signs will say. Gray asked if it will just be the
name of the building or will the signs contain history about the building.
Alan Boraas noted that at ten cents a letter it wouldn't speak to a lot of
detail. Kim Booth stated she thought the Board had discussed putting the
name on the building and creating a walking map that would further describe
the building. Huhndorf stated he thought that idea was submitted. Gray
commented to put the date such as "Joe Shmoe House 1867." Huhndorf
noted there was discussion on the Miller House that it could have been
something else before the Miller House. Huhndorf added that during that
meeting he had noted this and the last minutes speak to this concern.
Boraas asked if Huhndorf was suggesting it be known by the earliest
occupant of the house and added that it makes sense to him. Huhndorf
noted it could say formerly "this house, 1917 this house" or a date of
progression for the ownership would be more appropriate. Boraas agreed
that makes sense adding house date and some indication and then a
brochure that gives more detailed information. Boraas stated that would be
approximately 30 letters per sign. Gray stated that the Board estimated a
ball park figure of 30 and asked which properties the group planned to sign
as this is one of Bittner's questions. Huhndorf noted that Preservation North
had submitted 50 properties and the group would have to decide. Gray
noted that once the survey is completed the decision could be made. Gray
asked if the group felt 30 was enough. Boraas stated he would do all the
buildings but couldn't probably afford them all now. Huhndorf stated maybe
to just start on the first 30. Boraas stated he felt a little thought needs to be
put into it and would suggest two to three people working on the selection
process. Boraas asked when the information had to be submitted. Gray
advised December 15'. Kebschull advised the group that the request to
apply for the grant would have to go before council on December 6"' so it
would have to be prepared for the council packet on December 1 ". Boraas
commented that the Board would need to decide tonight. Kebschull advised
she didn't feel the Board needed to decide tonight which houses, etc. but as
a committee to vote to proceed with the grant and come up with a figure to
give to council. The specifics could be worked out later. Kebschull asked
Councilman Moore if that is how he understands it. Moore concurred. Gray
stated it asked what criteria will be used to select the sites and the survey
could be used to determine sites when the survey is completed. Booth
added that some of the properties already have signage such as the church.
Historic District Board —Minutes Page 4
November 20, 1995
Adding that in the walking map the church could be further described but it
wouldn't necessary have to have one of the 30 signs on it. Gray asked what
the group feelings were about the sign placement on the building adding that
the signs are four feet long. Huhndorf stated that in Juneau a lot of the
signs were outside; although, some were different. Booth asked how big the
engraving would be. Gray noted the plaques would only be 5 X 7. Booth
noted that if you didn't want someone traipsing up the front sidewalk to the
Peterson House you wouldn't want to put a sign up there to lure them to
read it. So, you would want to put it relatively close to the street. Gray
agreed and added that with the owner's permission the signs would be
placed either on the house or on a free standing support. Booth stated she
felt it would look very attractive if it was on the house but if the city is going
to encourage people to learn about the town, they will walk right up and read
the sign. Huhndorf added across lawns, etc.
Gray stated she felt they had answered all the questions Bittner had asked
except Gray questioned if the group would still be going with 30 signs. Gray
stated she didn't know how the group had originally came up with 30.
Huhndorf stated he thought that was a number Rotary Club had used. Booth
asked if they had been guesstimating the number of properties they were
going to be able to do in the survey. Gray stated that may be it. Boraas
stated he thought Rotary had had materials for 30 signs and that they were
not going to donate much new in materials. They had some materials and
they were going to donate the labor. Boraas noted that the Board was going
to basically get money for the plaques. So, the in -kind would be what they
would be contributing labor -wise and what they have so far in materials.
Gray stated that one way to look at this is that if the group is going to apply
for the grant that it may be denied because there is only a certain amount of
money. Gray added that since the Board got a grant last year and she had
heard someone say that they liked to spread the money around the state.
So, Kenai would not necessarily get it two years in a row and Kenai did get a
big chunk last year. Gray stated that her feeling might be that if taking a risk
and being that it may be denied to go for the number of signs the group
wants because it is a 50/50 split. It may be a chance to get the materials at
half the cost for the city now. Gray added that she didn't think there was
any reason that if afterwards it was decided that fifty was too many that the
grant portion could be returned. Gray commented that she was sure they
would take it back and it would probably be required. Kebschull advised the
group that this is a reimbursable grant and that the city doesn't get any
money until the money is spent. Huhndorf stated he sees actually 31
properties noted on the back portion of the survey information and that some
noted are adjacent to the Historic District. Gray recommended staying with
30 properties.
Historic District Board —Minutes Page 5
November 20, 1995
Gray advised the group that if Kebschull sent her the letter of intent, she
would combine it with the information from tonight, type it, and get it ready
for council approval. Kebschull advised that there needed to be an official
motion and vote and noted that she did not know if amounts needed to be
included in the motion. Gray stated the motion could just say as stated in
the amounts noted in the Rotary letter but with an estimated engraving cost
of approximately $20.00 per sign and to round it off at $100.00 per sign.
Chairperson Gray asked if anyone would like to make a motion. Huhndorf
clarified if the motion would be for 30 signs based on $100.00 per sign.
Gray noted this was correct and the motion should state to proceed with the
grant application as discussed in the meeting. Booth stated she would make
that motion. Kebschull asked the Board to clarify if they would be combining
the two signage projects into this grant as was discussed at the last meeting
and the Board may want to consider that before they make a motion and
vote on it. Chairperson Gray stated the Board should consider this before
proceeding.
Huhndorf stated that he had researched the Bunny Swan sign and he had
submitted a rough estimate for the sign of $2580.50. This doesn't include
the wood frame that goes around it or the legs it will sit on. Huhndorf
commented that the Board had spoken of consulting in January about the
specifics on the sign so there may be some changes. Huhndorf said they
had looked at $500 and that had been a figure stated last summer.
Huhndorf stated he felt this was a nominal, reasonable figure. However, it
may go up from that. The wood frame at "Foot Prints" was approximately
$60.00. Gray asked if we could amend Booth's motion. Booth stated she
would retract her motion.
Huhndorf moved to proceed with the Kenai city signage at $100 per sign
with the estimated total for the Bunny Swan sign of $ 2580.50 which is
subject to change after consultation. Motion seconded by Booth.
Kebschull asked the Board if they wanted to add to the motion that they
wanted to apply for the grant.
Huhndorf moved to add to the motion that the grant be applied for.
Gray asked if further discussion. Councilman Moore asked about the
permission of the property owners and if there would be a problem if not
received before beginning the work. Boraas stated it had been discussed
with the Rotary and they indicated that that was the first step and that they
had talked with a lot of the property owners already and everyone was for it.
But they would obviously need permission of the property owners.
Huhndorf noted that some of the property owners have changed. Gray
Historic District Board —Minutes Page 6
November 20, 1995
stated she thought that it should be done in writing. If the grant is approved,
then contact the property owners and get permission in writing. Moore
questioned if you could get the grant without the permission. Gray advised it
stated before proceeding with the work. Moore commented that the Board
would get the grant, get permission, and then get reimbursed for those signs
that were completed. Gray stated she thought it should be in writing.
Huhndorf asked if the property owner would be committed to leave the signs
up because if the property sold it could diminish the property value. Boraas
stated the signs would be on their property and they could legally do
whatever they wanted to. Gray asked if there was any further discussion.
None noted.
Gray asked for all in favor of proceeding with the Historic Preservation Fund
Grant in Aid Program for Signage and for the Shkituk Village Site say aye.
Opposed. None noted. Motion passed unanimously.
Historic Survey:
Gray noted that a revised scheduled from Preservation North had been
handed out for the Board. In addition, Preservation North had asked for
comments and Gray noted that because it was just handed out tonight it was
hard to review. However, suggested that the Board take a few minutes and
read through the document so any comments could be sent back to them.
Gray questioned the order of the themes on page three of the draft. Gray
stated that if this were in chronological order it would be fur trade, Russian
Orthodox Church, World War II, and asked if commercial fishing should be
before the discovery of oil or after. Group consensus that commercial fishing
should be before. Gray stated that in this section that they are writing about
that maybe they have not included any of the pre -white contact history.
Gray asked Kebschull to note that the list should be arranged to read "the Fur
Trade, the Russian Orthodox Church, Commercial Fishing, World War II, and
the discovery of Oil." Boraas asked if Denaina occupation should be listed
first. Boraas stated he didn't know if they were talking about built
environment. Gray asked that on a letter to mention that the Board had
noted that they had not mentioned the Denaina occupation and if they are
talking about the themes of the area it would seem it would have to be
included. And, that would be number one. Gray stated that was the only
thing that she saw that needed changing. Boraas stated they should check
the date for the American Fort Kenay, 1868. Boraas stated he believed it
was 1872 or 1871. Huhndorf stated it was built in 1869 and they moved
out after 16 months. Boraas stated he did not feel 1873 was the correct
date. Gray stated she thought it was five years after the purchase of Alaska
so that would make it 1872. Huhndorf noted the Federal Indian Policy of the
Historic District Board —Minutes Page 7
November 20, 1995
west and Alaska was included and was purchased. Gray asked Kebschull to
ask Preservation North to check the date. Huhndorf stated he felt it was
1869 to 1872. There were 160 people in Kenai. Gray stated 144. Boraas
stated he thought it was talked about in the article in the "Alaska
Sportsman" and Gray commented that was the one that was stolen from the
Kenai Library. Gray asked if someone would like to make a motion that the
draft is approved with the noted changes.
Alan Boraas moved to approve the draft with the changes. Motion seconded
by Huhndorf. No further discussion. Motion passed unanimously.
Bunny Swan Sign:
Gray noted that Mr. Huhndorf had already informed the group about the
Bunny Swan sign with the grant discussion. Gray noted Bunny Swan will go
down in history and Huhndorf stated it should say art work by Bunny Swan.
Preservation Plan, Item # 1:
Gray stated the Board was going to look at Item #1 which was the Mission
Statement. Gray stated the plan was to whittle away at the Preservation
Plan by looking at one or two of the items each time the group met. (Gray
read the Mission Statement out loud noting this was from the task force.)
Continuing, Gray noted that in the Ordinance the goals and objectives are
more clearly stated in the Ordinance itself. Gray stated that the goals and
objectives are clearly delineated in the first two pages of the Ordinance.
Gray stated there are eight provisions. Some of it is more meeting
information though. Gray asked the group what they saw as the goals and
objectives of the Board. Boraas stated that what was read was wordy and
long-winded but it hit everything. It could be pared down but it covered the
information. Gray stated the Ordinance is more about the meetings and
what the Bard consists of and the rules, regulations, and duties. The other is
more philosophical. Boraas stated it is more of a Mission Statement. Gray
asked if a Board member would like to take the statement and reword it for
the next meeting to make it more specific to the group now. Gray noted this
was made before there was a Board. This was the Mission Statement when
they began the task force. Booth stated it could be revised fairly easily as it
contains the core items that the Board is still trying to do. Huhndorf stated
he liked the first sentence of the second paragraph. Gray stated that she
might change it to read to identify and enhance as you would identify it first
and then enhance it. Gray asked Huhndorf if he would like to revise the
statement for the next meeting. He agreed unless someone else would like
to do it. Huhndorf questioned what Gray meant by revising and if she meant
to take the same structure and change it. Gray stated to change the words
Historic District Board —Minutes Page 8
November 20, 1995
and make it appropriate for the current Board rather than the task force.
Booth asked if there already was a revised Townsite Historic Board
Ordinance. Gray advised yes. Gray asked if -it mentioned anything about
education towards historic preservation. Gray added that if the Board does
the signage and the walking tour things then that is part of an educational
process. Huhndorf stated he would make a note to include educational
aspects. Huhndorf asked if the group would like it shortened? Gray asked
the group about incorporating the themes they had just discussed stating the
specific themes. Gray noted that as people in the future read this they will
know some core areas that the group highlighted. Boraas stated that it could
be worded in such a way that it includes these but are not limited to, noting
that historians tend to look at themes as economic themes because that is
the way historians tend to look at the world. But, there are lots of other
themes that are happening throughout Kenai. Boraas noted to give people
the context in which to look at history is what themes are all about.
Continuing, noted that he has been working on the map and the three
constants of Kenai as far back as you go in terms of maps are the
Commercial Company, the Church, Kenai Joes. Those are the three
institutions of Kenai. Gray stated she thought Boraas was going to say
something like fishing, hunting, water, etc. Boraas stated those three
capture the theme of Kenai. Huhndorf stated that one of the things that a
good history museum includes is anthropology, according to the man who is
writing the text book.
Review of Sign Code:
Chairperson Gray commented that the packets had obtained sign codes from
Juneau and Fairbanks. Gray informed Councilman Moore that the Board had
felt there should be some kind of special, not really restrictive, code in the
Old Town area to keep it some place special. There should be some
provision to prevent people from erecting bill boards. Gray noted that right
now Old Town is a commercial district. It was suggested that other citys'
codes be reviewed. Gray commented that she liked the one from Juneau.
Fairbanks was not totally specific. Gray noted the Juneau sign code was
built into the ordinance and Gray stated she felt that was where the Board
would need to go if it decided to change the sign code. Gray noted the
Juneau code had a clear statement about the purpose of having standards in
a historic district were and she felt it wasn't very restrictive. It just said they
need to be appropriate to the building style and compatible with the lettering
and style of other signs on the building and related to the number of signs
that are hung on the building on the first floor; of course, Juneau has taller
buildings than Kenai. And, that sign proposals for the historic district require
a review and there was a list of prohibited types of signs. Most were
common sense things such as signs not be placed on utility poles and traffic
Historic District Board —Minutes Page 9
November 20, 1995
sign posts and prohibited off -premises signs and flashing -rotating moving
signs. Moore questioned if there was no restriction on signs in Old Town.
Booth stated that Old Town is not specifically addressed and there is no
general signage code. Booth noted that the current code says a lot of what
Gray had just read. Booth asked if the plan was to address Old Town
specifically. Gray stated that she was thinking that when people apply for a
building permit that their plan could show their planned signage. Then, it
would be reviewed along with the site plan to be appropriate and also this
might help people who don't know what kind of sign they want and help
them determine what kind of sign might be appropriate. Gray asked what
the other members thought. Booth stated she liked the idea of submitting a
sign plan with the site plan. Obviously, they would have had to have had a
business plan so they are going to have to know how they are going to
market themselves or so to speak. Booth stated she didn't feel that was out
of the question that it should be asked. Gray stated it actually said that in
the Kenai City Code. Gray read, "When a building permit is obtained for
construction of the building signs for that building which conform to that
building shall be considered as part of evaluation of that building." Gray
commented that that may not mean anything. Gray added that you do have
to have a permit for a commercial sign. Moore asked if the Kenai code was
compatible with what you would wish for the area. Gray stated that not
really because someone who was building a new building would have to have
their sign approved as part of the overall plan. But, what if somebody there
decided to put up a big sign that already had an existing building. They
would not have to come through this Board. They would simply have to get
a sign permit from the city. So, they could come up with something that
might be inappropriate. Moore questioned if that would come through this
Board or Planning & Zoning. Booth stated that as it stands right now
something that is already existing doesn't have to come though this Board
but goes directly to Planning & Zoning. Gray noted unless it is a building
permit or major construction. Moore stated he felt it was a valid concern.
Moore added that perhaps the Board would like to propose an Ordinance or a
Resolution and asked if that is what the Board was wanting. Boraas asked
what the procedure was and asked if it would take an Ordinance. Boraas
noted they were talking about routing the decision making in that right now it
is routed to Planning & Zoning. Boraas stated that for the Old Town signs
they would like to be included in that loop. Boraas asked if that would take
an Ordinance? Moore stated if you are going to change the code, it would
take an Ordinance. If you want to delegate authority from one city
committee to another, Moore stated he felt it would take council action at
least. Booth noted that under C it says, "signs not requiring permit, number
11, signs in the nature of cornerstones, commemorative plagues, historical
signs, building name, and street number." Moore asked what they don't
require. Gray stated they don't require a permit. Booth stated that is what
Historic District Board —Minutes Page 10
November 20, 1995
the Board wanted to have control over is number 1 1 . Moore clarified the
code and stated he will check into it. Boraas stated he didn't think the Board
was suggesting that they take over from Planning & Zoning that aspect for
those signs just to be included to make a recommendation. Boraas stated his
big concern would be a sign that that doesn't fit in codes very well but a
tacky, exploitive sign. Moore questioned that it might meet this code.
Boraas stated right, it could meet the code but it would be not appropriate
for a historic district. Councilman Moore stated he would check into this for
the Board. Chairperson Gray commented that it is nice to have a city council
member at the meetings.
Shkituk' Village --Schedule Planning Session:
Gray stated it was planned to set a meeting with other committees and
interested parties such as Parks & Rec and Planning and Zoning to talk about
the Shkituk' Village site and what people want to have happen. Gray stated
she felt good that the Board had accomplished their three goals: The
parking lot was cleaned up and laid out beautifully. Boraas asked how come
the parking lot is on top of the village site. Gray asked if Boraas was
kidding. Boraas stated that was the village area and it wasn't on the bluff.
Gray stated the parking lot was there already and added that she thought he
was kidding. Boraas added that it was too windy on the bluff. Gray stated
that nobody ever said anything and the parking lot was already there and
they just lined it out from the pre-existing parking lot. Gray added that didn't
mean it couldn't be moved but what they did was actually shrunk the parking
lot and seeded all the way around it and put telephone poles in to keep
people from driving out around it. Boraas stated that the 1898 plat of the
cannery just below shows that village as extending back along the gulch not
right on the bluff. Gray stated that for some reason she thought the village
was down more below where the stream came through. Gray commented
that they may need to redesign that somehow. Gray added that maybe Mr.
Boraas was not at the meeting when it was discussed. Gray commented
that it had been cleaned up considerably. Heavy equipment was brought in,
all the junk was cleaned up, and it was blocked off to keep people from
driving back through it and camping. Gray noted that the Board had received
council approval to designate it as an important historical site. Gray asked
the Board when they would like to schedule a meeting. Huhndorf noted he
had a function called "Yagaleedo" (sp?) in March and added that he was
mentioning this because the KIT parties may not be available in March. Gray
noted that it may require more than one meeting adding that the groups may
get together and brain storm and then need to meet again. Gray asked what
the Board felt about meeting in January and possibly meeting an hour before
the regularly scheduled HDB meeting. That would be the fourth Tuesday,
January 23". Gray advised Kebschull to contact the other boards to invite
Historic District Board —Minutes Page 11
November 20, 1995
them (Planning & Zoning, Parks & Rec, and Beautification Committee).
Booth noted that the Beautification Committee has a member on their
committee who is driven to beautify Old Town; although, she doesn't know
who it is. Kebschull asked Huhndorf if he would be contacting KIT for the
meeting and he stated he would do that.
Ethel Clausen advised she had to leave. Gray commented that the next
meeting would be December 26". Gray suggested changing the meeting to
the 19' and Clausen noted she would not be available on the 19`" noting her
return of January 5`". Kebschull noted that it may be necessary to contact
the council that if new members are not appointed the HDB would not have a
quorum for the December meeting. Gray stated every member should
attempt to find one new member. Boraas asked if anyone had contacted
Kathy Pierce who teaches history at the college. Boraas stated he did not
know where she lived but she may live in the city. Gray asked Boraas to
contact her. Moore asked the Board if they realized that the HDB is different
that other committees in that members do not have to be a resident to be on
the Board, but at least four members of the seven must be residents. Moore
added that there were applications on file. Gray noted that those
applications should be reviewed and Moore commented that he felt they
would be considered at the council meeting on Wednesday night. Gray
stated that the Board should tentatively schedule the meeting for December
19'. Kebschull noted that the request for a meeting change would have to
be sent to council. Huhndorf noted that the Ad Hoc members are not voting
members. Booth asked if the council picked someone on Wednesday night
would that help with a quorum on the 19' and wondered if we knew who
the applications were from. Moore stated the information was in his packet
but he didn't have it with him.
BOARD QUESTIONS AND COMMENTS:
Chairperson Gray noted that the next meeting agenda should include a
review of Huhndorf's Mission Statement. And, look at Item 2 of the
Preservation Plan.
Councilman Moore advised the Board that he and Duane Bannock are sharing
the council position for the HDB. Moore added that he would advise council
on Wednesday night of the discussions from tonight's meeting.
Kebschull advised Chairperson Gray that the Board needed to vote on Ms.
Freas' request for a work session date. Gray asked for a motion that the
Board meet on January 23`d
Huhndorf moved that the Board meet on January 23, 1996 at 6 p.m. for the
Historic District Board —Minutes Page 12
November 20, 1995
work session. Motion seconded by Boraas. Unanimous.
Kebschull advised Gray that the Board still needed to decide a date for the
parliamentary procedure work session. Kebschull advised that dates were
suggested on the memo (January 18, 22, 25, 29, or 31 "). Booth asked if it
needed to be done as a committee or if all the committees were going to
vote on a date. Kebschull advised it is Ms. Freas' intent to have one meeting
for all the committees of the city. Each committee will vote and it is hoped
there will be a consensus and then Ms. Freas will select the date. These
dates were selected because there are no meetings currently scheduled on
those dates. Huhndorf stated that if the Board has a meeting on the 23" the
would be fresh if the meeting were scheduled the 22"d
Huhndorf moved to select January 22' for the work session on
parliamentary procedure. Motion seconded by Booth. Unanimous.
Huhndorf questioned when the meeting would be held on the 22"d.
Kebschull advised the meeting would be at 7 p.m. and when Ms. Freas
scheduled the date, everyone would be notified.
ADJOURNMENT:
Meeting adjourned at approximately 8:30 p.m.
Respectfully submitted:
4mrilyy�n Kebschull
Administrative Assistant
Historic District Board —Minutes Page 13
November 20, 1995
D7
Memo
Date: 11 /27/95
To: Kenai City Council
Through: Carol L. Freas, City Clerk
Through: Keith Komelis, Acting City Manager 6&
Through: Keith Kornelis, Public Works Director
From: Marilyn Kebschull, Administrative Assistant
RE: TOWNSITE HISTORIC DISTRICT BOARD DECEMBER MEETING
At the November 200' Townsite Historic District Board meeting the Board voted to
change their scheduled December meeting date from December 26t' to December
191. For your information unless new members are appointed to the Board, the
Board will not have a quorum until the January meeting.
Does the Council approve this meeting change.
Memo
Date: 11 /27/95
To: Kenai City Council
Through: Carol L. Freas, City Clerk
Through: Keith Komelis, Acting City Manage
Through: Keith Kornelis, Public Works Direct
From: Marilyn Kebschull, Administrative Assistant
RE: TOWNSITE HISTORIC DISTRICT BOARD
WORK SESSION MEETING
At the November 20" Townsite Historic District Board meeting the Board voted to
hold a work session before their regularly scheduled meeting in January. The work
session would be at 6 p.m. on January 23ro. The THD Board will be inviting the
Planning & Zoning Commission, Parks and Rec Commission, Beautification
Committee, and the Kenaitze Indian Tribe to attend the work session. The topic for
the session would be the Shkituk' Village Site.
Does the Council approve the work session.
E-i
AGENDA -
KENAI CITY COUNCIL - REGULAR MEETING
NOVEMBER 22, 1995
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
C. PUBLIC HEARINGS
1. Resolution No. 95-65 - Appointing Patricia Porter as
the Primary Member in Charge of Gaming and Mary Ellen
Perrizo as the Alternative Member in Charge of Gaming
for the Kenai Senior Center.
2. Resolution No. 95-66 - Awarding the Bid for Two 1996
Patrol Cars for the Police Department to Seekins Ford
for the Total Amount of $42,412.
3. Resolution No. 95-67 - Transferring $10,000 in the
General Fund for Moving Expenses for the New Finance
Director.
4. Resolution No. 95-68 - Transferring $730 in the General
Fund for Debris Disposal of Abandoned Boat.
5. Resolution No. 95-69 - Transferring $10,000 in the
General Fund to Conduct a Study of the Challenger
Learning Center.
6. Resolution No. 95-70 - Awarding a Contract for a
Feasibility Study of the Challenger Learning Center for
a Not -to -Exceed Amount of $10,000 to K. Scott and
Associates.
-1-
7. Resolution No. 95-71 - Adopting the city of Kenai,
Alaska 1996-1997 Capital Improvement Project (CIP)
Priority List for Request of State Grants.
8. Resolution No. 95-72 - Addressing the U.S.
Environmental Protection Agency, National Pollutant
Discharge Elimination System (NPDES) Permit for Cook
Inlet Oil and Gas Operations.
9. *1996 Liquor License Renewal - Fraternal Order of
Eagles #3525 - Club.
10. *Liquor License Transfer - Don Jose's Restaurant &
Cantina - Beverage Dispensary/From Jose & Maria Ramos
to Don Jose's LLC (same location).
D. COMMISSION1COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
E. MINUTES
1. *Regular Meeting of November 1, 1995.
P.
G. OLD BUSINE88
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1669-95 - Amending Kenai Municipal Code,
Chapter 8.05.010, to Adopt the Latest Editions of the
national Fire Codes and the Uniform Fire Code.
4. Discussion - Removal of Spruce Beetle Kill Trees From
City Properties.
a. Ted Payment - Peninsula Logging
b. Wanless Jorgensen - Spruce Works Co., Inc.
-2-
5. Discussion - Change Order No.- 1 - Dock Float Access
Ramp and Float Reconstruction.
6. Discussion - Glacier Environmental Services,
Inc./Alaska Courthouse Contaminated Soils - Final Pay
Esimate ($74,777.70).
7. Discussion - Modifications to City Information Manual.
S. Discussion - Potential of Town Hall Meeting Regarding
State Fiscal Gap.
EXECUTIVE SESSION
I. ADMINISTRATION REPORTS
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
Finance Director
6.
Public Works Director
7.
Airport Manager
J. DISCUSSION
1.
Citizens (five minutes)
2.
Council
R.
MIC
KENAI CITY COUNCIL - REGULAR MEETING
NOVEMBER 22, 1995
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR JOHN J. WILLIAMS, PRESIDING
ITEM A: CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in
the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
Roll was taken by the City Clerk. Present were: Swarner, Moore, Measles, Bannock, Smalley,
Williams, and Bookey.
A-5.
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
SUBSTITUTE
ITEM C-6: Resolution No. 95-70 - Awarding a Contract for a Feasibility Study of the Challenger
Learning Center for a Not -to -Exceed Amount of $10,000 to K. Scott and Associates
(changes to proposed contract only) .
ADD: Item H-9, Discussion: Southcentral Air, Inc. Lease of Airport Facility.
MOVE: Item H-9 to C-IA; and change C-1 to C-lB.
MOTION:
Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
A-6. CONSENT AGENDA
MOTION:
Councilman Smalley MOVED for approval of the amended consent agenda and requested
UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no
objections. SO ORDERED.
Kenai City Council Meeting Minutes
November 22, 1995
Page 2
ITEM B: SCHEDULED PUBLIC COMMENT
ITEM C: PUBLIC HEARINGS
C-1A. (moved from H-9) Discussion: Southcentral Air, Inc. Lease of Airport Facility.
City Attorney Cary Graves explained that MarkAir Express had declared bankruptcy and moved out
of the leased facilities at the Kenai airport. A rescission of the lease has been prepared.
Southcentral Air (James Munson) has asked to lease the empty space and would like to move in
December 1 and begin operations December 4, 1995. Graves stated the rent is figured on a square
footage basis and will be $12,751.
Airport Manager Randy Ernst introduced James Munson, Owner and President of Southcentral Air.
Mr. Munson stated his plan is to start passenger service between Kenai and Anchorage on December
4 using the presently owned planes with about 10 departures per day.
Mayor Williams asked if Southcentral will be able to hire any of the MarkAir employees. Mr.
Munson said yes, and Southcentral is seeking out those people at this time.
Ernst stated that MarkAir had been leasing two office spaces and Southcentral will be leasing the
larger one of those spaces.
MOTION:
Councilwoman Swarner MOVED to approve the lease to Southcentral Air. Councilman Smalley
SECONDED the motion. No objections. SO ORDERED.
C-1B. Resolution No. 95-65 - Appointing Patricia Porter as the Primary Member in Charge of
Gaming and Mary Ellen Perrizo as the Alternative Member in Charge of Gaming for the
Kenai Senior Center.
MOTION:
Councilwoman Swarner MOVED to approve Resolution 95-65 and asked for UNANIMOUS
CONSENT. Councilman Measles SECONDED the motion. No discussion. No objections. SO
ORDERED.
C-2. Resolution No. 95-66 - Awarding the Bid for Two 1996 Patrol Cars for the Police
Department to Seekins Ford for the Total Amount of $42,412.
Kenai City Council Meeting Minutes - -
November 22, 1995
Page 3
MOTION:
Councilman Smalley MOVED to approve Resolution 95-66. Councilman Measles SECONDED the
motion. No objections. SO ORDERED.
C-3. Resolution No. 95-67 - Transferring $10,000 in the General Fund for Moving Expenses for
the New Finance Director.
MOTION:
Councilman Smalley MOVED to approve Resolution 95-67. Councilman Bookey SECONDED the
motion. No objections. SO ORDERED.
C-4. Resolution No. 95-M - Transferring $730 in the General Fund for Debris Disposal of
Abandoned Boat.
MOTION:
Councilman Bookey MOVED to approve Resolution 95-68. Councilwoman Swarner SECONDED
the motion and asked for UNANIMOUS CONSENT. No discussion. No objections. SO
ORDERED.
C-5. Resolution No. 95-69 - Transferring $10,000 in the General Fund to Conduct a Study of the
Challenger Learning Center.
MOTION:
Councilman Bannock MOVED to approve Resolution 95-69. Councilman Bookey SECONDED the
motion. No discussion. No objections. SO ORDERED.
C-6. Resolution No. 95-70 - Awarding a Contract for a Feasibility Study of the Challenger
Learning Center for a Not -to -Exceed Amount of $10,000 to K. Scott and Associates.
MOTION:
Councilman Bannock MOVED to approve Resolution 95-70. Councilman Measles SECONDED the
motion.
Kenai City Council Meeting Minutes -
November 22, 1995
Page 4
Councilman Measles asked what changes were made in the substitute resolution. Attorney Graves
stated no changes were made in the actual resolution. However, in the proposed contract the
completion dates were changed as well as the numbers of copies to be provided.
Mayor Williams stated this project will be in two phases. He said it will not be necessary for
everyone to have copies of the technical report. He said he plans to ask Council to provide
sufficient monies to allow for color reproductions of photographs to make a nice presentation packet.
No further discussion. No objections to UNANIMOUS CONSENT. SO ORDERED.
C-7. Resolution No. 9S-71 - Adopting the City of Kenai, Alaska 1996-1997 Capital Improvement
Project (CIP) Priority List for Request of State Grants.
MOTION:
Councilman Smalley MOVED to approve Resolution 95-71. Councilwoman Swarner SECONDED
the motion.
Councilman Smalley said printing another brochure would be too expensive. Keith Kornelis said his
staff could do a document in-house that would be cheaper to produce.
No objections to UNANIMOUS CONSENT. SO ORDERED.
C-8. Resolution No. 95-72 - Addressing the U.S. Environmental Protection Agency, National
Pollutant Discharge Elimination System (NPDES) Permit for Cook Inlet Oil and Gas
Operations.
MOTION:
Councilman Bookey MOVED to approve Resolution 95-72. Councilwoman Swarner SECONDED
the motion. No discussion. No objections to UNANIMOUS CONSENT. SO ORDERED.
C-9. 1996 Liquor License Renewal - Fraternal Order of Eagles #3525 - Club.
Approved by consent agenda.
C-10. Liquor License Transfer - Don Jose's Restaurant & Cantina - Beverage Dispensary/From
Jose & Maria Ramos to Don Jose's LLC (same location).
Approved by consent agenda.
Kenai City Council Meeting Minutes
November 22, 1995
Page 5
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging
Councilwoman Swarner reported that many local seniors enjoyed the dinner sponsored by Unocal
today at the Senior Center.
D-2. Airport Commission
Councilman Bannock reported the Commission met last week. He stated there are two open seats
on the Airport Commission at this time because Mr. Scott and Mr. Kopp have resigned.
Councilman Measles stated that the seat currently filled by Barbara Edwards, who was supposed to
be the airline tenant representative, is technically filled improperly because Ms. Edwards is not
employed by an airline. He said she doesn't have to be removed from the commission, but one of
the new vacancies should be filled by an employee of one of the operating airlines in the terminal.
Mayor Williams asked Randy Ernst, Airport Manager, to contact Southcentral and ERA and ask if
one of their employees would care to sit on the commission.
Ernst stated that Mr. Scott would be interested in re -joining the commission after a year, but his
scheduled doesn't permit it now.
D-3. Harbor Commission
Councilman Bookey reported the minutes are in the packet. He said in January or February the
Commission hopes to have Fish & Game talk to them about the different species of fish in the top
four feet of the Kenai River. He said Council might be interest in hearing that talk.
D-4. Library Commission
Councilman Moore reported the new student representative is Kevin Benson, a senior at KCHS.
Moore stated the junior high and pre-schools have been coming to the library regularly. He said the
Commission discussed the failed bond issue and hopes to see it on the ballot again in the fall. He
said they will form a building committee to get more information out to the public before they vote
on it again. He said the Commission has some concerns about the architect being used for the
building design. The Commission would like to know if Bill Kluge is "locked into" that job, he
said. He suggested Kluge be invited to the next Council meeting to give his input.
Councilman Moore announced that the Library's annual open house will be held on December 14
from 4:00 p.m. to 7:00 p.m.
Kenai City Council Meeting Minutes
November 22, 1995
Page 6
MOTION:
Councilwoman Swarner MOVED to donate $300 toward the open house. Councilman Smalley
SECONDED the motion. No objections. SO ORDERED.
Mayor Williams announced that also on December 14 at 4:30 is the next meeting of the Challenger
Learning Center Steering Committee at the FAA flight service center conference room.
D-5. Parks & Recreation Commission
Councilman Bannock reported there was no quorum for the last meeting.
D-6. Planning & Zoning Commission
Councilman Smalley reported on the meeting of November 21, 1995. One of the items discussed
was the possible re -zoning of a piece of land across the Spur Highway from the high school from
RRl to Commercial. Smalley stated that 17 people spoke against the re -zoning; one spoke for it.
Council asked that a thank you letter be sent to Bill Toppa for his work on the Commission.
Council appointed John Booth to the Commission. Council also appointed Tim Wisniewski to
replace Roger Seibert on the Parks & Rec Commission.
D-7. Miscellaneous Commissions and Committees
a. Townsite Historic Board -
Councilman Moore reported the Board was concerned about the absentee letter that was sent to
commission members. They felt the committee chair should have been contacted first. They also
felt the letter should have been directed toward the abusers of the attendance policy, not members
who had excused absences related to their employment and prior commitments. He stated the Board
is unhappy about losing a valuable member (Roger Meeks) because of the letter. Moore also stated
the Board would like to be able to review/approve requests for signs in Old Town. He said he had
a copy of Juneau's code as an example. The next meeting is scheduled for December 19.
Mayor Williams stated that anything that goes on in Old Town has to be reviewed by both the
Historic Board and the Planning Commission. Williams said that the City code addresses the
requirements for attendance at Commission meetings. He said that, while Mr. Meeks is a valuable
member of the Commission in an historical sense, he missed 5 of 11 meetings. Williams said that if
Mr. Meeks resigned, that's his choice. Williams read through the applicants for the Board, several
Kenai City Council Meeting Minutes
November 22, 1995
Page 7
of whom live outside the City of Kenai. He asked if the two in -town applicants (Mr. Jones and Ms.
Oskolkoff) meet the other criteria for Board membership.
Mayor Williams asked Councilman Moore to go back to the TSH Board and explain the
circumstances and the code requirements regarding membership on the Board and ask them to seek
out peers who might wish to serve. He said the next four seats should all be local residents in
specific disciplines. Moore asked what was the reasoning behind having the membership
requirements set up as they are. Williams answered that under the National Park Service regulations
Board members must represent the disciplines of history, architecture, architectural history and
archeology in order to qualify the City for federal grant monies and the National Historic Register
and for the Board to be a certified historic district board. If the Board wants to discuss these issues
with the Council, that could be scheduled.
Kim Booth stated that, regarding signage, any new building sign requests must come through the
TSH. She said the Board's question has to do with existing buildings: Can the TSH be included in
that loop? Mayor Williams suggested that TSH send a representative to the P&Z Commission and
discuss it with them. He also directed Administration to prepare some documentation on it at the
same time.
b. Beautification Committee - Councilwoman Swarner reported she visited the new
greenhouse today and there is water to the building but no heat.
BREAK TAKEN:
BACK TO ORDER:
ITEM E:
8:00 P.M.
8:25 P.M.
E-1. Regular Meeting of November 1, 1995.
Approved by consent agenda.
ITEM F:
None.
ITEM G: OLD BUSINESS
None.
Kenai City Council Meeting Minutes
November 22, 1995
Page 8
ITEM H: NEW BUSINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion.
There were no objections. SO ORDERED.
H-2. Purchase Orders Exceeding $2,500
MOTION:
Councilman Measles MOVED to approve the purchase orders over $2,500 and Councilman Smalley
SECONDED the motion.
There were no objections to the motion. SO ORDERED.
H-3. Ordinance No. 1669-95 - Amending KMC 8.05.010 to Adopt the Latest Editions of
the National Fire Codes and the Uniform Fire Code.
Approved by consent agenda.
H4. Discussion - Removal of Spruce Beetle Kill Trees From City Properties.
a. Ted and Tom Payment - Peninsula Logging (present)
b. Wanless Jorgensen - Spruce Works Co., Inc. (not present)
City Manager Manninen asked Council if they want to contract either or both parties to remove
beetle -killed trees from city property (similar to the Bierdeman agreement) or if Council wants to go
through an RFP process. He stated that on Section 36 there are platted —but not built —streets, and
private properties are adjacent to it with rights -of -way.
Councilman Smalley asked Kornelis about the special difficulties in removing the trees. Kornelis
stated that regulations require new trees be planted to replaced removed trees; but it is possible to
get around that regulation if you prove there are enough infested trees. He stated that Mr.
Bierdeman and Mr. Wallenbrook (of the State Division of Forestry) did a survey on the property
across from Section 36 on the bluff side near the old city dump (about 53 acres). They figured
about 82% infestation on that property. The Division of Forestry would like to see the ground
disturbed after cutting the trees to aid in re -forestation of the area. But, Kornelis said, he thought
Kenai City Council Meeting Minutes - -
November 22, 1995
Page 9
Council would rather see the trees cut close to the ground, limbs cut off and burned, and the
property cleaned up. So that is what has been arranged with Mr. Bierdeman.
Kornelis stated he has not met or talked to the people from Spruce Works, but he pointed out that in
their letter they discuss which trees they would cut and that they would leave them cut at breast
height.
Kornelis also said that because of the private properties in the area and the rights -of -way, he would
recommend a survey be done to make sure of the property lines before any cutting of trees.
Mayor Williams stated he would be reluctant to begin any cutting without first having a clear
understanding with the property owners about the cutting. He would want to know if they are in
favor of the cutting or not. If they are in favor, Williams said, maybe there could be a joint effort
between the City and the property owners to contract someone to do the cutting.
Council directed Administration to write a letter to the five property owners in the area and ask how
they feel about removing the beetle -killed trees from Section 36. Mayor Williams suggested having
a work session after the holidays.
Councilman Smalley stated he would like to see the cutting taken care of without a large cost to the
City. Kornelis said the only cost should be the survey. Attorney Graves stated that his
understanding from the Dept. of Forestry was that anytime trees are cut that are not beetle infested
re-foresting must be done.
Councilman Bookey asked if all trees 8" and above will be cut or only the beetle -killed trees.
Kornelis said that would have to be clarified. Councilman Smalley believes only the beetle -killed
trees on city property should be cut.
Tom Payment stated that subdivisions are precluded from re -forestation. He said that regeneration
in this area usually takes place quickly enough that reforestation is not required. He said Council
may want to consider taking out all trees because they will eventually become infected and need to
be removed anyway.
H-5. Discussion - Change Order No. 1 - Dock Float Access Ramp and Float
Reconstruction.
City Manager Manninen stated this change order is for an additional float for the dock. He said
Administration recommends doing this. Engineer Bill Nelson spoke and said the change order is
necessary because of his own mistake. He said he miscounted and came up one float short. Nelson
said he negotiated a good price with the contractor an another float when he realized his mistake.
Kenai City Council Meeting Minutes
November 22, 1995
Page 10
He said his project is well under budget at this point if Council would like to appropriate money for
this extra float from that amount.
Councilman Measles asked how close to completion the project is. Nelson answered that the floats
are dissembled and the materials are either here or in transit. He said the contractor is asking for a
six -week extension on the contract and Nelson recommends Council grant that extension. Measles
clarified that the change order is asking for two things: money for the additional float and a six -
week time extension on the contract.
MOTION
Councilman Measles MOVED to approve the change order as submitted. Councilman Bookey
SECONDED the motion. No objections. SO ORDERED.
H-6. Discussion - Glacier Environmental Services, Inc./Alaska Courthouse Contaminated
Soils - Final Pay Estimate ($74,777.70).
Rachel Clark, Engineering Tech, stated that this project is "finally over with." She said the soils are
all cleaned and disposed of. Clark said Council can choose to assess liquidated damages to Glacier
if they want to. The amended contract date for this year was September 1 and the contractor was
substantially completed by September 13, she said. This would be 11 days at $300 per day, she
said. Also, Clark said, when Council extended the contract last year, a clause was left in that said
damages could be assessed from September 30, 1994 until the day that the extension was actually
granted, which was November 24, 1994. Those liquidated damages would run $100 a day: a total
of $5,500.
MOTION
Councilwoman Swarner MOVED to assess liquidated damages to Glacier Environmental for a total
of $8,800. Councilman Bannock SECONDED the motion.
Keith Kornelis stated that liquidated damages are allowed to help defray any costs the city might
have if a project is not completed. He said, in this case, the delay did not cost the city anything.
Clark agreed. Councilman Bookey asked Clark if the city had received a "complete and absolute
clearance from DEC" on this project regarding GIacier's work. Clark said the City has received
verbal approval and that the rest is formality.
Councilwoman Swarner stated she made this motion because Glacier said they would complete the
project by a certain time, and they didn't do it. She said if the City is going to have a policy of
Kenai City Council Meeting Minutes --
November 22, 1"5
Page 11
holding contractors to their contract times and/or extensions then the City should follow through on
that policy.
Attorney Graves said he was not taking a position on whether or not the Council should assess
damages, but he wanted to clarify that the City does not have to prove damages in order to assess
liquidated damages. He said that is the theory of having liquidated damages you don't have to
prove actual damages.
Mayor Williams said the job is finally done and that everyone involved has taken a beating. He said
he doesn't think liquidated damages should be assessed. Councilman Measles stated his agreement.
He said that in the total cost of this project $8,000 is not worth haggling over. There were a lot of
extenuating circumstances, he said; and we should close the case and pay the final bill. Councilman
Smalley agreed and asked Clark about the verbal approval. Attorney Graves suggested that Council
might want to approve final payment pending receipt of a letter of approval from DEC.
Councilman Bannock stated he would reluctantly support "kicking" the penalty in this case, but he
said he hopes in the future the Council would have the foresight to make such adjustments before,
instead of after, the fact. Councilman Measles said the reason Council didn't extend this contract
was to keep the pressure on the contractor to force the issue and get the job done. Councilman
Bookey said that Glacier "left $180,000 on the table," and if that amount had been included in his
bid maybe there wouldn't have been some of the problems. "Maybe low bid is not our favorite bid,"
Bookey said.
VOTE (on motion to assess liquidated damages):
Swarner Yes Moore No Bookey No
Measles No Bannock No
Smalley No Williams No
MOTION FAILED.
MOTION
Councilwoman Measles MOVED to approve payment of Glacier Environmental's final pay estimate
contingent on receipt of the final written report from DEC. Councilwoman Swarner SECONDED
the motion. Councilman Smalley asked for UNANIMOUS CONSENT. No objections. SO
ORDERED.
Kenai City Council Meeting NImutes
November 22, 1995
Page 12
H-7. Discussion - Modifications to City Information Manual.
Mayor Williams asked if Council had any suggestions about changes to the manual before
Administration finalizes it. The suggested changes were: a new design on the cover in color; a
standard format for each department/section of the manual; tabs by department; binding; and an
introduction which explains and describes the structure of the city government and the role that the
City Council plays (e.g. What power does the mayor have? Does the mayor vote? How often do
elections take place?) .
Mayor Williams said the intent of the final project is that it be a bound document to be used by the
schools, new council members, the newspapers and anyone seeking information about the
government of the City of Kenai. He said it could be on computer disc and be updated each year.
He said he thinks about 100 copies a year could be used. Williams told Council to give any
suggestions they have to Carol when she gets back.
H-8. Discussion - Potential of Town Hall Meeting Regarding State Fiscal Gap.
Mayor Williams stated that during AML there was much discussion about the State's long-range
Financial Planning Commission report. He asked Council, "Should the City of Kenai take a very
active position with regard to the long-range financial planning report and its information as it goes
to the legislature? Should we have something like a town hall meeting with the citizens and come up
with a resolution? Should we direct some thought of ours towards the legislature as to how we feel
about all of this? Or should we just sit back and see what the legislature now does about this
report?"
Councilman Smalley said he feels it is in the best interest of "every single Alaskan" to be a
participant in this project because it will impact everyone. He said a public meeting would be a
good idea. Mayor Williams said that he was told at AML if the City chooses to have a public
meeting like this the Financial Planning Commission would make available to the City people such
as Judy Brady, Lee Gorsuch or Brian Rogers who would come here to address the public.
Possible dates for a town hall meeting were discussed. Thursday, January 25, 1996 was chosen for
the meeting. The clerk was directed to reserve the Senior Center for that evening and to get some
ads out on the radio and in the paper.
H-9. (Moved to Item C-lA.)
Kenai City Council Meeting Minutes -
November 22, 1995
Page 13
ITEM I: ADMINISTRATION REPORTS
Mayor
Williams asked Administration to prepare an analysis of the gross revenues associated with Bingo
and pull -tabs in the City of Kenai; research from the applications on file the proposed gross
revenues. He said to contact the State Dept. of Revenue (Charitable Gaming Division) for amounts
made for each association within the City. Williams also asked Administration to contact the clerks
of Palmer, Wasilla, Juneau and Kodiak for copies of their codes relating to sales tax on pull -tabs and
Bingo.
I-2. City Manager
a. The new finance director (Jay Sweeney) will begin on December 4, 1995.
b. At AML Manninen was designated as co-chair on the AML legislative committee,
which will require attendance at meetings in January and during the session and the summer.
C. A FEMA flood mitigation training program will be held the last week in November.
Manninen is requesting that Keith Kornelis or Jack La Shot attend.
d. EDD had an executive board meeting regarding operations of the business incubation
center. No decisions have been made at this point.
e.
I-3.
No report.
I4.
The water well project is going well and is the number one project.
Attorney
City Clerk
a. Deputy Clerk Sheryl Paulsen reported a meeting has been scheduled for the Council
to meet with the legislators on Friday, December 8, 1995, for lunch. Location to be announced.
b. Mayor Williams talked about the letter from the Borough regarding run-off elections.
He said he thinks it's a shame that more people don't come out to vote, and he doesn't care what it
costs for the run-off elections. Councilman Measles said he felt they were trying to do away with
the 40% requirement the Borough has, which almost always ends up in a run-off.
Kenai City Council Meeting Minutes
November 22, 1995
Page 14
I-5. Finance Director
Acting Finance Director Robin Feltman reported that Bill Coghill will be at the next Council
meeting to answer questions about the financial statement.
I-6. Public Works Director
a. Kornelis said he received a call from Pat Beckley, Dept. of Transportation Planning.
Beckley and John Tolley will be here December 4 to discuss the SDIP and the needs list. Council
members are welcome to attend. Kornelis said the SDIP will be changed to a 3-year program,
instead of the current 6-year program. ISTEA funds are running out this year, he said.
b. Kornelis said he will write the State again and tell them about the Business District
sign being down and that there is not enough lighting on the Spur Highway where it changes from
four lanes to two. Councilman Bannock asked about the traffic light at Spur Highway and Main
Street Loop. Bannock said there is not a turn signal there to let people know when to turn left.
Bannock said he thinks the light should be corrected now or put back the way it was (green/green
and red/red).
C. Kornelis reported that the State will begin bidding the $35 million Canyon Creek
Bridge project beginning on January 26, 1996.
I-7. Airport Manager
a. Randy Ernst, Airport Manager, reported that he and Fire Chief Dave Burnett will be
going to Dallas/Fort Worth December 7-10 to look at a facility that was built with AIP funding and
that is a regional airport/fire-fighting facility. Later in December or in January they would also like
to go to Washington, D.C. to approach the legislators about the discretionary money to come to
Kenai to build the facility.
b. Ernst explained that PFC (passenger facility charges) is a funding mechanism that will
be used by all airports in the future as AIP funding decreases. A $1, $2 or $3 charge will be added
to each ticket to a maximum of $12. He said Kenai could, for example, do a terminal expansion
and be reimbursed through PFC's. Ernst said this would be a good time to choose a project and get
started to take advantage of the PFC.
Kenai City Council Meeting Minutes
November 22, 1995
Page 15
ITEM J: DISCUSSION
J-1. Citizens
Bob Peters stated he commends Councilwoman Swarner for her stand regarding liquidated damages
against contractors who don't finish jobs on time.
J-2. Council
Bookey - No report.
Swarner - Swarner stated her support for PFC's for the airport to generate revenue. She
also said she is a new committee chairperson on AML Legislative Committee on the Economic
Development and Land Use and Natural Resources Committee. Swarner also said she has learned it
is possible to advertise service announcements on Prime Cable. She suggested maybe the City could
use it to ask for volunteers for commissions and committees.
Moore -No report.
Measles - No report.
Bannock - The Challenger Steering Committee met last week, Bannock said. He stated he
believes there needs to be a good balance of education and tourism on this project. He said the next
meeting is scheduled for December 14 at the FAA building. Bannock stated the committee is
looking for a person to be on the steering committee who has expertise about the Internet. He asked
that people give their suggestions to him. Bannock said he will be visiting a Challenger Learning
Center in January at Cal State.
Bannock said he has noticed that the Christmas decorations don't all seem to working.
Bob Frates said he is asking for money for those repairs; it will be in the packet for the next
meeting. Not enough money was appropriated in the last budget for this item.
Smalley - Smalley stated this year's AML was an outstanding conference and maybe "the best
ever."
Kenai City Council Meeting Minutes
November 22, 1995
Page 16
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 10:23 p.m.
Minutes transcribed and submitted by:
Sheryl A. Paulsen, Deputy City Clerk
PAYMENTS OVER $2,500.00 WENCH NEED COUNCIL APPROVAL
COUNCIL MEETING OF:
DECEMBER 6, 1995
VENDOR
AK FEDERAL CREDIT UNION
NATIONAL BANK OF AK
BLUE CROSS OF WAJAK.
ICMA
ICMA
NACOIWEST
ENSTAR
BROWN AGENCY
DESCRIPTION
VOLUNTARY DEDUCTIONS
PAYROLL WITHHOLDINGS
INSURANCE
NOVEMBER 457
NOVEMBER 401
NOVEMBER 457
GAS USEAGE
WORKERS COMP/AUTO INS
DEPARTMENT
VARIOUS
VARIOUS
VARIOUS
VARIOUS
VARIOUS
VARIOUS
VARIOUS
INSURANCE
ACCOUNT
LIABILITY
LIABILITY
INSURANCE
LIABILITY
LIABILITY
LIABILITY
UTILITIES
INSURANCE
AMOUNT
14,647.00
60, 538.05
32,604.17
15,450.00
4,971.05
3,475.00
4,797.97
10,452.00
Z
PURCHASE ORDERS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF:
DECEMBER 6, 1995
VCNUVK DESCRIPTION DEPARTMENT ACCOUNT AMOUNT
ANCHORAGE COLD STORAGE
WESTERN LIBRARY NETWORK
DECEMBER GROCERIES
DIAL UP ACCESS
CONG/HOME MEALS
LIBRARY
OPERATING SUPPLIES
RENTALS
4.000.00
3.000.00
CITY 4F KEN 41�
.. Gd aj 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
II ar
To: Mayor Williams & Kenai City Council
Through: Keith Kornelis, Acting City Manage
From: Kim Howard, Administrative Assistant
Date: November 30, 1995
Subject: Assignment of Lease - Ed Wehrstein
to Garrison Corporation d/b/a Budget
Rent -a -Car and Artha L. (Bonnie)
Koerber
Attached is a letter from Ed Wehrstein requesting to transfer his interest in the lease for
Counter Space No. 20 at the airport, to Garrison Corporation and Bonnie Koerber. A
proposed Assignment of Lease is also attached.
The lessees are current in lease payments and sales tax. The City Attorney has reviewed
the draft document and has no objection to the assignment.
Does the City Council approve of the Assignment of Lease? If so, the administration will
prepare the standard consent form for signature by the City Manager.
cc: Garrison Corporation
tM
Attachments
s
f RECEIVED
CITY ADMIN. OF KENAI
October 10, 1995
To: Kenai City Council
Re: Counter Space No. 20, Kenai Municipal Airport Terminal
Enclosed is a proposed assignment agreement transferring my
interest in the above referenced lease to Artha L. (Bonnie)
Koerber. Our lease provides for an assignment with the City's
written consent.
If the City agrees to the transfer, we will provide a signed
Assignment of Lease.
Thank you for your consideration to this request.
sincerel ,
Ed Wehrstein
ASSIGNMENT OF LEASE
This assignment, entered into between ED WEHRSTEIN, P.O. Box
267, Kenai, Alaska 99611, hereinafter referred to as the
Assignor; and GARRISON CORPORATION D/B/A BUDGET RENT -A -CAR AND
ARTHA L. (BONNIE) KOERBER, INDIVIDUALLY, P.O. Box 267, Kenai,
Alaska 99611 „ hereinafter referred to as the Assignee.
Assignor does hereby assign and transfer all of his interest
in the leasehold estate as evidenced by that certain Lease
Agreement with the CITY OF KENAI as Lessor, recorded June 17,
1994, Book 445 at Page 606, Kenai Recording District, and
covering the following -described property:
Counter Space 120, first floor, Terminal Building,
Kenai Municipal Airport, within the NW1/4, SE1/4,
Section 32, T6N, R11W, S.M., AK
To have and to hold the same from the date hereof, for and
during all of the remainder yet to come of the term of said Lease
Agreement.
Assignee agrees to comply fully with all the terms and
provisions of the Lease, and to hold the Assignor harmless from
any liability arising thereunder.
IN WITNESS WHEREOF, the said Assignor has hereunto set his
hand and seal this day of , 1995.
FOR CORPORATION:
ASSIGNOR:
ED WEHRSTEIN
By:
Ed Wehrstein
ASSIGNEE:
GARRISON CORPORATION D/B/A
BUDGET RENT -A -CAR AND ARTHA L.
(BONNIE) KOERBER
INDIVIDUALLY:
By: By•
Artha L. (Bonnie) Koerber Artha L. (Bonnie) Koerber
ATTEST: --
Name
Title
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1995, ED WEHRSTEIN, being personally known to me or having
produced satisfactory evidence of identification, appeared before
me and acknowledged the voluntary and authorized execution of the
foregoing instrument.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1995, ARTHA L. (BONNIE) KOERBER, Title, of
GARRISON CORPORATION D/B/A BUDGET RENT -A -CAR, being personally
known to me or having produced satisfactory evidence of
identification, appeared before me and acknowledged the voluntary
and authorized execution of the foregoing instrument on behalf of
said Corporation.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1995, ARTHA L. (BONNIE) KOERBER, being personally known to me or
having produced satisfactory evidence of identification, appeared
before me and acknowledged the voluntary and authorized execution
of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
V All TONY KN:
DEPARTMENT OF FISH AND GAME 333 RASPBERRY ROAD
ANCHORAGE, ALASKA 99518-1599
HABITAT AND RESTORATION DIVISION PHONE: (907) 344-054 f
November 15, 1995
Mayor John Williams
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
Dear Mayor Williams:
J�,619202122
NOV 1995
N
F CITY CLERK v
�Fd% -11y OF KENAI
The Alaska Department of Fish and Game and the Alaska Department of Natural
Resources have been funded by the Exxon Valdez Trustee Council to conduct a
restoration project affecting public lands on the Kenai River. The Kenai Habitat
Restoration and Recreation Enhancement Project is designed to promote the recovery
of fish and wildlife resources and services that were injured by the Exxon Valdez oil
spill. The project will use a variety of techniques to protect or restore habitats that
have been damaged by human activities. The project will also develop recreational
access features that are compatible with streambank protection and fish and wildlife
habitat. Proposed techniques include constructing light -penetrating elevated
walkways, stairways and decks; protecting, rehabilitating or revegetating eroding
streambanks and other sensitive riparian habitats; installing floating docks; erecting
exclosures; and developing and posting educational signs and interpretive displays.
Candidate sites will be selected from public lands along the Kenai River. Public lands
affected by the project extend from the outlet of Kenai Lake to the mouth of the Kenai
River. The project is expected to last three years.
Since the project area includes lands that are owned by the City of Kenai, I am
requesting your assistance in identifying potential restoration sites and associated
restoration techniques on city lands. Please fill out the attached nomination form and
return it to this office no later than November 29, 1995. If you need assistance,
please give me a call. Assistance can also be obtained from the Alaska State Parks
office in Kenai (contact Sue Fisler at 262-5581). All nominations will be evaluated
and ranked on the basis of cost-effectiveness and restoration benefit.
Also, as a condition of the process, agencies submitting nominations will be required
to manage and maintain all completed restoration projects. Additional funds will not
11-K107LH -_ -a -n recvciea cater ^ ' =
Mayor John Williams
-2_ November 15, 1995
be provided for this purpose. Therefore, should you consider submitting
please be advised that a management agreement will be needed bb a nomination,
approve any restoration project. Thank you, efore we can
Sincerely,
Mark N. Kuwada
Project Leader
Habitat and Restoration Division
Enclosures
Kenai Habitat Restoration & Recreation Enhancement Project
ABSTRACT
Adverse impacts to the banks of the Kenai River total approximately 19 miles of
the rivers 166 mile shoreline. Included in this total are 5.4 river miles of
degraded shoreline on public land. Riparian habitats have been impacted by
trampling, vegetation loss and structural development. This riparian zone
provides important habitat for pink salmon, sockeye salmon and Dolly Varden,
species injured by the Exxon Valdez oil spill. The project's objectives are to
restore injured fish habitat, protect fish and wildlife habitat, enhance and direct
recreation and preserve the values and biophysical functions that the riparian
habitat contributes to the watershed. Restoration/enhancement techniques will
include revegetation, streambank restoration, elevated boardwalks, floating
docks, access stairs, fencing, signs, and educational interpretive displays.
INTRODUCTION
The objectives of this project are to:
1. Restore and protect fish habitat on the Kenai River,
2. Improve existing recreational access to the Kenai River watershed in a
manner that restores and protects riparian fish and wildlife habitat,
3. Provide information to the public that promotes their understanding of the
river's ecology and proper use of its resources.
Public lands on the Kenai Peninsula, including those soon to be acquired with
Exxon Valdez oil spill joint settlement funds, contain important habitat for
several species injured by the spill and provide recreation services for tens of
thousands of Alaska residents and tourists. Kenai River fish support a large
commercial fishery, a commercial sport fishing industry, a subsistence fishery,
and a recreational sport fishery. In the aggregate, revenues generated by
sportfishing, commercial fishing and river -based tourism represent a significant
and growing proportion of the local economy.
The riparian zone, the transitional area that lies between the river's channel and
the uplands, provides important fish and wildlife habitat and plays a major role in
the hydrology of the watershed by helping to control floods and erosion. This
vegetated area functions as a buffer and filter system between upland
development and the river, thereby maintaining water quality by absorbing
nutrients, accumulating and stabilizing sediments, and removing heavy metals
and pollutants that are a result of urban development and which enter the river
from surface runoff. It is also the area where a significant portion of the Kenai
River's sportfishing and other recreational activities are concentrated.
Degradation of the river's streambanks, riparian vegetation and fish habitat has
the potential of jeopardizing its long tens productivity and degrading the quality
of the recreational experience. This project proposes revegetation, streambank
restoration, and public access improvements that will promote pink and sockeye
salmon and Dolly Varden habitat protection and restoration, as well as
enhancement of recreational services in the Kenai River watershed. The project
also proposes to design and construct educational and interpretive displays that
will inform the public of the proper manner in which to access and use the river's
resources.
NEED FOR THE PROJECT
A. Statement of Problem
Use of the Kenai River watershed is degrading fish habitat along the riparian
zone of the mainstem and, to a lesser degree, the tributaries of the river.
Streambanks that provide essential fish habitat are being trampled and denuded
of vegetation leading to increasing rates of erosion and sedimentation. Both
commercial and residential developments are altering shorelines, changing
pattems of runoff and creating the potential for the discharge of non -point source
pollutants into the river. Federal and state resource agencies have limited ability
to manage these problems that have the potential of threatening the productivity
and world class recreational value of this river system.
Commercial fishing, subsistence, recreation and tourism (including sport fishing)
are services that were reduced or lost because of the spill. Within the Kenai
River watershed, the resources that support these services that were injured by
the Exxon Valdez oil spill include pink and sockeye salmon and Dolly Varden.
Chinook and coho salmon also contribute significantly to these services. The
Faxon Valdez Oil Spill Restoration Plan states that the Kenai River sockeye
salmon population is not recovering and that: With regard to sockeye salmon,
the objective of habitat protection is to ensure maintenance of adequate water
quality, riparian habitat, and intertidal habitat....
The restoration strategy articulated in the restoration plan for recreation and
tourism focuses on the: Preservation and improvement of the recreational and
tourism values of the spill area. The Plan goes on to discuss strategies for
promoting recovery of commercial fishing, recreation and tourism by:
...increasing the availability, reliability, or quality of the resource on which the
service depends.
What is needed within the Kenai River watershed is an integrated approach that
protects resource habitats, restores degraded streambanks and riparian
vegetation, maintains productivity and promotes appropriate, sustained human
use of the river.
B. Rationale
The work proposed by this project is needed to protect and restore fishery
resources. Continuing loss of habitat will exacerbate the injury caused by the
spill to both resources and services and lead to diminished productivity. This, in
turn, diminishes the value of the commercial, subsistence and sport fisheries and
the quality of recreation on the river with significant, adverse implications for the
local economy.
Based on a review of historic recreation use patterns and habitat impacts, the
project will protect, restore, stabilize, or rehabilitate streambanks where resource
damage is occurring; enhance or close existing access points and movement
corridors; or re -direct users to other areas of the river on a temporary or long
term basis. These actions will be based on the need to facilitate human use
of the river in a way that protects fish habitat and minimizes degradation of
other sensitive and/or pristine habitats.
This project is designed to promote streambank stability, increase vegetative
cover, and mitigate accelerated erosion and sedimentation for the benefit of pink
salmon, sockeye salmon, Dolly Varden and other fish species that migrate and
rear along the rivers banks. Techniques used to achieve these goals may
include the use of elevated, grated boardwalks, river access stairs, fishing
platforms, spruce tree revetments and cther riparian habitat improvement and
protection techniques. These techniques will, at the same time, restore and
enhance sportfishing. One example is elevated, grated boardwalks, constructed
to protect revegetating streambanks, that will provide river access to anglers
with a minimum of impact to the recovering habitat. Post -construction monitoring
will examine the effects of the method and the amount of recreational use that
occurs in the area.
The education component of the project will produce user information and
interpretive displays at strategically located access points along the river. These
displays will provide users with information on the natural history of the river's
fish, their habitats, ecology of the river system and the best methods that they
can use to maximize their recreational experience with a minimum of impact to
the watershed and its resources. Signs placed adjacent to work sites will
describe the on -going restoration effort and direct the public away from
recovering vegetation.
Each site under consideration for a restoration, enhancement or education
project will be evaluated in terms of the condition of its habitats, character of
adjacent lands, and historic public use. Improvements to access will reflect
patterns of use as well as on -site and adjacent upland environmental
sensitivities.
C. Summary of Major Hypotheses and Objectives
The project's major objective is to restore injured fish habitat and to establish
public use patterns (i.e., sportfishing, camping, etc.) within the Kenai River
watershed that are compatible with habitat protection for injured resources such
as intertidal marshes, pink and sockeye salmon and Dolly Varden. The long
term goal of the project is to protect fish and wildlife habitat, enhance recreation
and preserve the functions and values that the riparian habitat contributes to the
watershed.
1. Construction of elevated, grated boardwalks; exciosures; floating docks;
fencing; signs; and well designed public use facilities will facilitate
restoration and protection of riparian vegetation, stabilize streambanks,
and maintain/enhance fish habitat by mitigating the effects of human use.
2. Recreational enhancements will promote continued use of project sites
while allowing riparian habitat to recover.
3. Construction of educational and interpretive displays will aid restoration
efforts and provide the public with information that will help them to use
the river in a manner that protects and sustains its resources.
D. Completion Date
The project is conceived to be a multi -year effort that will build on results
determined from the monitoring of the previous year's work. Projected timeline:
FY 96 to FY 99.
COMMUNITY INVOLVEMENT
It is intended that the project be fully integrated with on -going agency recreation
management, ermitting and regional planning activities affecting the Kenai River
watershed. This includes coordination with the Kenai Peninsula Borough, City of
Kenai, Kenai City Council, City of Soldotna, Soldotna City Council, Kenai
Peninsula Borough Assembly, and local interest groups. Whenever feasible,
volunteers will be recruited from the local communities to work on the project.
PROJECT DESIGN
A Objectives
1. Review existing information on:
a) human impacts to the riparian zone on public lands in the Kenai
River watershed in order to select project sites.
b) recreational use patterns and infrastructure support in the Kenai
River watershed.
c) appropriate restoration and/or access and use of enhancement
technique(s).
2. Select and design the appropriate revegetation, rehabilitation and/or
enhancement project for each site.
3. Develop an evaluation process to prioritize project sites and define scope
of work.
4. Construct projects using a combination of competitively bid contracts and
volunteer help, where feasible.
5. Verify compliance with restoration designs and evaluate construction.
6. Implement a monitoring program to assess restoration and use of project
sites.
7. Design and construct educational and interpretive signs and displays.
B. Methods
The present condition of North America's native fish fauna is attributable, in part,
to the degradation of aquatic ecosystems and habitat (FEMAT Report, 1993).
Loss and degradation of freshwater habitats are the most frequent factors
responsible for the decline of anadromous salmonid stocks (Nehisen, et. al.
1991). Along with habitat modification or loss, changes in water quality and
quantity are often cited as causative factors for degradation of aquatic systems
and declines in anadromous fish populations.
The Kenai River Cumulative Impacts Assessment of Development Impacts on
Fish Habitat (Liepitz, 1994) was designed to identify and evaluate the
cumulative impacts of development actions including public and private land use
impacts on Kenai River fish habitat. The study documented that : 11.1 percent
to 12.4 percent (18.4 to 20.6 miles) of the river's 134 miles of upland and 32
miles of island shoreline and nearshore habitats have been impacted by bank
trampling, vegetation denuding, and structural development along the river's
banks. Degraded public land along the Kenai River includes 5.4 miles of
trampled riparian habitat and 3.5 miles of developed shoreline.
During the first year of the project, we will review information from existing
studies of the Kenai River on fish habitat, shoreline characteristics, streambank
damage, streambank rehabilitation, land ownership, public use trends,
development threats, habitat protection/recreation enhancements, infrastructure
and public access. On -going and completed restoration projects on the river will
also be inspected. This information will be supplemented with personal
observations of ADNR, ADF&G, KPB, USFS and USFWS staff who have expert
knowledge of the river and its use by the public. These data will be used to
document the existing condition of potential sites and used later as a baseline
for monitoring project success. The data will also be used to develop an
evaluation and ranking system to prioritize projects.
Although these data are useful for a broad, area -wide approach, they are not
adequate for specific site design. Consequently, once a preliminary list of sites is
selected, on -site verification/assessment will be carried out The final list of
project sites will reflect the results of these assessments. Site specific project
designs will reflect site characteristics including: topography, hydrologic
variables, vegetation, soils, extent and type of degradation and historic use
patterns. Designs may include elements that restore or enhance specific habitat
values. For example, instream structures may be used to enhance fish habitat
and/or angler access. Plant propagation and streambank restoration techniques
will be selected on the basis of site characteristics, constraints and cost.
Revegetation designs will attempt to re-establish the native, riparian plant
communities. Grasses that have been successfully used for riparian and
saltmarsh revegetation in Alaska include: bluejoint reedgrass (Calamagrostis
canadensis), Bering hairgrass (Deschamsia beringensa), sloughgrass
(Beckmannia syzigachne), sedges (Carex spp.) and beach wildrye (Elymus
mollis).
Successful revegetation requires control of site impacts. Consequently, fences
and/or signed closures may be required to protect undamaged sites from human
impact or to prevent additional damage to recovering sites. Project areas will
either be closed and posted during the course of revegetation, or environmental
engineering techniques will be used that allow public access but protect the
recovering habitat from additional adverse impacts. Habitat improvement and
protection techniques can include:
On -site Revegetation/Restoration
Exclosures
Spruce Tree Revetments
Access Trails
Signage
Elevated Grating/Boardwalks
Access Stairs Ladder
Floating Docks
The number of sites selected for revegetation or enhancement in a given year
will be dependent upon the time necessary for completion, i.e., permitting,
construction and installation, and the availability of funding. The project intends
to utilize volunteers to assist with construction and installation. The DNR Parks
and Outdoor Recreation Division has an established network of contacts with
volunteer organizations on the Kenai Peninsula. DNR has successfully used
volunteers in trail construction and park maintenance efforts. Each site plan will
include a maintenance element. Maintenance may include watering, fixing
fences, replacing signs and/or repair of habitat enhancements.
Educational/interpretive displays will be designed, constructed and placed in
strategic locations along the river. Signs will also be designed and located to
prevent bank trampling in areas where revegetation efforts are occurring.
A monitoring program will be used to evaluate the success or failure of each
project. Monitoring parameters will be chosen that reflect site -specific
restoration/enhancement objectives and may include habitat, vegetation and
public use measurements. The assessment of the existing condition of each site
will serve as the baseline for monitoring. Monitoring measurements will be
obtained frequently early in the project and could be used to amend the design if
necessary. Once it is determined that restoration/enhancement is proceeding on
an acceptable course and rate, monitoring measurements will be taken less
frequently. Habitat and population monitoring parameters may include:
vegetation diversity and cover, fish utilization and stream stability. Public use of
the sites and impacts to adjacent areas will also be monitored. Site visitation
shall be based on counts of individual people by field staff and project
personnel.
C. Contracts and Other Agency Assistance
Components of the project on state lands will be carried out by personnel from
ADF&G and ADNR. Construction work will be carried out by contractors on an -
as -needed' basis depending on the project design. Volunteers supervised by
agency staff will assist in the installation of prefabricated structures and in
routine maintenance.
D. Location
All construction, maintenance and monitoring components of the project will be
located within the Kenai River watershed. Planning and coordination will be
based in Anchorage. Primary ecological benefits from the project will be
realized by the natural systems within the watershed. Secondary benefits will
affect the economy of the communities of the Kenai Peninsula and the
commercial fishing industry. Improved and enhanced recreation benefits will
affect users from southcentral Alaska as well as tourists from outside of the
state. Communities that may be affected by the project include: Kenai, Soldotna,
Homer, Sterling, Cooper Landing, Anchorage and the unincorporated
communities on the Kenai Peninsula.
E. Project Reports
An annual report will be prepared detailing results of the previous year's efforts
including monitoring. This report will be submitted to the Chief Scientist in the
Fall of each year.
COORDINATION AND INTEGRATION OF RESTORATION EFFORT
Coordination will occur with agency staffs in DNR, ADF&G, Kenai National
Wildlife Refuge, Chugach National Forest and Kenai Peninsula Borough. Their
expertise will be used in defining management objectives, developing criteria,
evaluating and ranking potential project sites, conducting archaeological and
historical reviews and clearances, performing design to include preparing plans
and specifications, bidding construction projects, oversight of project
construction, permitting, monitoring public use, and enforcing site restrictions.
The project will build upon pilot efforts that have been implemented or are being
developed for the river. In 1994, boardwalks were installed near the Soldotna
airport and on numerous private parcels; exclosures have been used with a high
degree of success along portions of the Russian River and in units of the state
park system. State permitting procedures have also resulted in numerous bank
stabilization projects that maintain or enhance fish habitat by using spruce tree
revetments, root wads, live willow cuttings, and other protective measures.
The state and federal governments have already committed funds to accomplish
several of the objectives identified by this project. Fish and Game Exxon Valdez
criminal settlement funds ($3 million) have been dedicated for the construction of
habitat protection demonstration projects and land acquisition on the Kenai
River. The U.S. Fish and Wildlife Service has provided challenge grant funding
to assist the ADF&G demonstration projects. The National Marine Fisheries
Service will provide the ADF&G with an additional one million dollars for
streambank improvements under an appropriation requested by Senator
Stevens. ADNR restitution funds ($7 million) will be used, in part, to construct
boardwalks and access platforms that protect streambanks at heavily used state
park units at Morgan's Landing, Sing's Landing, and Slikok Creek. Dingle -
Johnson funds are being used to provide recreational access, streambank
revegetation, and streambank protection structures at The Pillars project site.
The intense public use pressures and development activities on the Kenai River
threaten to overwhelm the limited budgets available to resource agencies
attempting to manage the river for resource protection and sustained
recreational use. That is why supplementary funding is so important. The
proposed project, along with those utilizing other available funds, provides a
cost-effective method to protect streambanks and minimize further habitat
degradation.
ENVIRONMENTAL COMPLIANCE
The revegetation and education elements of the project are categorically exempt
from formal documentation in an Environmental Assessment or Environmental
Impact Statement according to NEPA guidelines. In -stream construction of
floating docks, boardwalks, access stairs or other in -stream structures will
require an Environmental Assessment and a Title 16 permit. All permits will be
obtained prior to commencement of on -site improvements.
Project Nomination Form -Kenai Habitat Restoration & Recreation Enhancement
Site 1t
Brief Proiect Summary _
Common Name
River Mile
Township Range Section
Managing Agency
Site Characteristics
Nature Extent of Damage
Need for Enhancement
Restoration Endpoints
Method
Project Size
Duration
Protection Measures
Project Nomination Form -Kenai Habitat Restoration & Recreation Enhancement
Estimated Cost
Monitoring Method
Post Project Management
Additional Notes:
MEMORANDUM
TO: Tom Manninen, City Manager
Mayor Williams and City Council
FROM: Keith Komelis, Acting City Manager
DATE: November 29, 1995
SUBJECT: Alcohol & Drug Testing Policies
FOR: City Council Discussion - 12/6/95
The city's Safety Coordinator, Rachel Clark, is working on the federal mandated
requirement of alcohol and drug testing for operators required to have Commercial Drivers
Licenses (CDL). The testing requirement for the City of Kenai starts January 1, 1996.
Rachel has studied the federal requirements and I have attached a summary for your
information. There are some policy decisions that need to be made and code changes
requiring an ordinance. Our testing program must start in January so we have time to
introduce an ordinance on December 20, and adopt it on January 10, 1996.
A work session to discuss this would be great. If council would give administration an
indication on how they feel about the following items we can write the ordinance and
policy in accordance.
1. What type of discipline (verbal warning, written reprimand, or dismissal) should be
given for:
a. Employee refusing to take the test: _
b. Employee testing positive: 1 st _
2nd _
3rd
2. 1 think the city's Blue Cross medical insurance will pay 80% for counseling if needed.
Federal requirements mandate an evaluation of the positive tested employee before they
return to work. If we are requiring an evaluation and/or counseling, should the city pay
for the costs not covered by insurance?
3. Employees that are required to have counseling and treatment may have to take time
off from work. Would they be required to take leave time?
If the answer is yes and they did not have any leave time would they be allowed to take
leave without pay and keep their job?
For how long?
4. If an employee tests positive we plan on sending them home. The alcohol limit is
about half of the legal limits of driving while intoxicated. The employee could perform
work not requiring a CDL. Should we send the positive tested employee home? _
Page 2
Drug Testing
Council meeting - 12/6/95
I think the Public Works Department and the Airport Department are the only departments
in the city that require a CDL. Even though the Fire Department operates large heavy
equipment, they have been exempted from the federal requirements. Many other
departments operate city equipment on the highway but are not required to have a CDL
nor are they required by the feds to perform this testing. While the city could implement
this program for all employees, our plan is to only require it for those who need a CDL.
A discussion with council direction as to how to write the ordinance or scheduling a work
session would be helpful to administration.
KK/kw
C:\WPDOCS\DEPT\SAFETY\DRUG.MEM
INTEROFFICE MEMORANDUM
TO: KEITH KORNELIS, PUBLIC WORKS DIRECTOR
FROM: RACHEL CLARK, ENGINEERING TECHNICIAN t�
SUBJECT: DOT MANDATED DRUG AND ALCOHOL TESTING
DATE: NOVEMBER 29, 1995
As you requested, I will summarize the new DOT Regulations regarding Drug and Alcohol
testing of City employees with Commercial Drivers Licenses.
In 1991, the Omnibus Transportation Employee Testing Act was passed mandating all
employees with Commercial Driver's Licenses be subject to drug and alcohol testing. The Act
requires employers to develop written policies, give employees training, and perform testing at
set rates per year. In the City's case, these procedures must be followed starting January 1,
1996. The Act specifies the following limitations on drug or alcohol use at work:
1. Alcohol use. A covered employee may not report for duty or perform a safety -sensitive
function:
a. With an alcohol concentration of 0.04 or greater.
b. If in possession of alcohol.
c. If using alcohol.
d. Within four hours after using alcohol.
e. Within 24 hours of having an alcohol concentration greater than 0.02
2. Controlled Substances use (does not apply to substances used with the permission and
under the supervision of a physician). A covered employee may not report for duty or
operate a commercial vehicle:
a. If using any controlled substance.
b. With any concentration of a controlled substance.
The employer must test employees at the following times:
1. Pre -employment Testing. Test for controlled substances must be done before a new hire
can perform any safety -sensitive functions.
2. Post -accident Testing. After an accident where a life was lost or the City employee was
cited for a moving violation, the driver must submit to an alcohol and controlled
substance test.
3. Random Testing. At random times during the year, employees must be selected for
random testing. A minimum of 25% of the covered employees must be tested per year for
alcohol, and 50% for controlled substances.
4. Reasonable Suspicion Testing. If a Supervisor believes that a covered employees
behavior or appearance may indicate alcohol or drug use, they must require the employee
to be tested.
5. Follow-up Testing. After a positive drug or alcohol test, the employee must be tested six
times during the next year.
While all covered employees are subject to controlled substance testing any time they are at
work, in the case of alcohol testing is generally limited to immediately before, during or after the
employee performs safety -sensitive functions. Safety -sensitive functions are defined as driving,
maintaining, servicing, or loading commercial vehicles. Commercial vehicles for the City
include dump trucks, sanders and the STP sludge truck.
This program will apply to the following City employees:
Airport Operations Specialist
Equipment Operator
Shop Mechanic Helper
Shop Foreman
STP Operator I
Streets/Airport Foreman
Water and Sewer Foreman
2
Dock Manager
Parks Groundskeeper
Shop Mechanic
STP Operator III
STP Operator II
Streets/Airport Leadman
Water and Sewer Operator I
/ z1,kl"p S
G47ee L
Kenai Chamber of Commerce
J&~ 'geae from goose Wlaaasc
402 Overland
Kenai, Alaska 99611
(907) 283-7989
(907) 283-7183 (Fax)
T � yr /Z/6`s 4 G/M
Dear Kenai Chamber of Commerce member:
The Kenai Chamber of Commerce has an opportunity to serve the Peninsula area through revenues from
the annual Snow Goose Classic. It is our organizations' feeling that area businesses are shouldering an
increasing financial burden from non-profit/community service groups. In an effort to ease this
condition, we are promoting an event similar to the "Nenana Ice Classic", which can bring money to the
Peninsula. In addition, we anticipate this event to be a primary source of funding allowing us to rely
less on additional Chamber fund raisers. To make this Classic all it can be, we need an under girding
support group that will insure it's success. This elite membership group will be entitled "The Flyway
Club".
As a charter member of the "Flyway Club" you will receive public recognition, a personal plaque and
your name on a public plaque to be on permanent display in the Kenai Visitor Center noting our charter
members. If you find this appealing, and would like to join hands with us, we invite you to become a
founding member of the "Flyway Club". This is a limited one time membership at a cost of $500 per
member. We are personally enthused about this project as it meets many of the goals that we feel will
benefit the community as a whole.
Tesoro -Alaska has generously pledged $10,000 for a guaranteed purse to the winner for 1996. With
forward thinkers teaming together, we can make this dream a reality. It will be fun, it will become a
tradition, and it will help the Kenai Chamber of Commerce continue to make inroads of economic
development throughout the Peninsula.
Thanks for letting us share our excitement.
Best regards,
INFORMATION LIST
Kenai City Council Meeting
of
December 6, 1995
1. 11/22/95 Council Meeting "To Do" List.
2. 11/16/95 Kenai River Special Management Area Advisory Board
Meeting Minutes.
3. 1996 Games of Chance and Contests of Skill Permit
Application - Peninsula Lodge #1942, Loyal Order of Moose.
4. 1996 Games of Chance and Contests of Skill Permit
Application - Kenai Emblem Club #455.
5. 1996 Games of Chance and Contests of Skill Permit
Application - Palmer Emblem Club #338.
6. 1996 Games of Chance and Contests of Skill Permit
Application - Kenai Lions Club.
7. 11/30/95 CRG memorandum regarding taxation of pull -tabs and
bingo.
8. 11/28/95 KK letter to DOT regarding Kenai Spur Project.
9. 11/28/95 KK letter to property Section 36 owners regarding
removal of beetle -killed trees.
10. 11/29/95 KK letter to Bill Kluge regarding Congregate
Housing solarium and storage building.
11. 12/95 Greater Kenai Chamber of Commerce, Kenai Chatter.
12. Vesta Leigh application to Planning & Zoning Commission.
13. 11/21/95 City of Kenai Safety Committee Meeting minutes.
14. 11/30/95 R. Springer memorandum regarding procedure for
obtaining sign permits.
15. 11/21/95 KVCB news release - Kenai Visitors and Cultural
Center Wins Federal Grant.
16. 11/28/95 DEC letter regarding Kenai Courthouse/remediation
of contaminated soils.
17. 11/28/95 Department of Corrections RFP letter to vendors
regarding a Community Residential Center for the Kenai area.
KENAI CITY COUNCII. MEETING
"TO DO" LIST
NOVEMBER 22, 1"5
CLF Write a "Thank You" letter to Bill Toppa. Write '"Welcome" letters to John Booth
and Tim Wisniewski for appointment to boards.
TIM Report on sign permit procedures for TSH zone.
TJM Write letter to property owners asking how they feel about removing beetle -killed
trees. Schedule a work session for after the holidays.
CLF Schedule Town Hall meeting for Thursday, January 25 at Senior Center.
CLF Prepare analysis of gross revenue assessed with bingo and pull tabs in Kenai.
CRG Get code provisions regarding gaming from Palmer, Wasilla, Juneau, Kodiak and
Ketchikan.
KENAI RIVER SPECIAL MANAGEMENT AREA
ADVISORY BOARD -
Thursday, November 16, 1995
Cook Inlet Aquaculture Association Building
I. CALL TO ORDER
A. Roll Call
Members Present: Pat Bower, Jack LaShot, Ted Wellman, Robin Nyce,
Duane Harp, Tom Knock, Lance Trasky, Jim H. Richardson, Barbara
Jewell for Ken Lancaster, Jim A. Richardson, Jeff King, Iry
Carlisle, Mark Chase.
Members Absent: Peggy Mullen, Ben Ellis.
B. Approval of October 5, minutes. The minutes were
approved as written.
C. Agenda Changes and Approval. Under New Business three
items were added; E. Salamatof Acquisition, F. Review Board of
Fish proposals, G. Discussion of Nationwide Permit 29 being
considered by COE.
II. PUBLIC COMMENT
III. NEW BUSINESS
A. Bylaw Committee Report. The Bylaws committee met at
1:00pm. Each member is given a draft developed by this committee
to review. The bold and underlined items are new, and some
sections which are crossed out indicate deletions. Ted Wellman,
Chairman of the Bylaws Committee, reviewed the draft for the
full board.
Ted makes the motion to adopt the Bylaws as drafted.
Discussion ensued by board members. Iry Carlisle suggests
voting on adopting the bylaw changes at the next meeting to allow
each member to digest the changes. Tom Knock asks about page 2,
#11, the mention of "standard designs_" as it is uncertain if Fish
and Game wants docks and boardwalks.. Tom also questions the
Conflict of Interest, pg. 9. Tom.lal6o corrects the mention of
two (2) newspapers on pg. 10, item 3 to one (1). Iry refers to
two items in this draft. One is on pg. 2 item #10 where there is
mention of the development of "standard designs for board
walks..." as he feels it has not been established that there is
scientific data demonstrating that boardwalks or docks are good.
The other item is on pg 6-7 item F which deals with Public
Comment and Iry suggests limiting time for public comment to ten
minutes for all whether it be a single voice or a group.
Another correction brought up by Pat was to finish the sentence
on pg. 8, item H, at the end "and 4) reports from the
committees".
KENAI RIVER SPECIAL MANAGEMENT AREA
ADVISORY BOARD - November 16, 1995
Tom states that on pg. 2 Item #10 we should add the words
"restoration and protection of habitat".
A friendly amendment is then made by Iry to delay action until
the December meeting.
Jim notes a couple of things that caught his attention. On pg. 5
#5, Item A, Jim wants to know what the excused absences should
be. Also pg. 7 item G that notes the Board agenda being
established by the President of the Board was an appropriate
change.
There was then discussion on agency voting. Pat Bower feels it is
important for the agency people to be involved. Duane Harp
feels it is appropriate for agency members to vote on advise to
DNR.
Ted suggests it is a poor policy to have an agency vote advise to
themselves. He has been told that this board does not have
credibility as much as they would have if only public members
voted.
Iry has mixed feelings about the agency voting. He states agency
people are the most well informed and usually they are better
prepared to vote than the public members. But if we think we
need strong public support it would not be good for the agency
people to vote. His personal feeling, outside of public
perception, is that agencies should be allowed to vote.
Duane also mentions the fact that if only public members are
voting and if there happened to be only 5 public members in
attendance, you could perhaps vote with as few as three to force
an issue to pass.
Lance says if the agencies are not a voting members it changes
the scope of participation as the Commissioner of Fish and Game
appointed them with the thought they could vote.
Jeff King is cgmfortable with agenby'members voting and states
the strength of this board is the diversity of the group.
Robin Nyce says we need to ask the question "what is our
purpose or goal"? The public may not be happy about agency
members voting but if this meets the board's goals it should be
allowed.
Jack LaShot states he represents a large segment of people which
probably give the broadest base of representation when included
in the vote.
Chris suggests that maybe only her agency seat not be allowed to
KENAI RIVER SPECIAL MANAGEMENT AREA -3
ADVISORY BOARD - November 16, 1995
vote.
The issue of agency voting will be addressed at the December
meeting.
B. Permit Committee Report (includes Jim's Landing update)
This committee met at 2:00 pm on this date. Suzanne presents the
committees report. Mark Chase apologizes that he was unable to
do the presentation on Jim's Landing but he was statutorily
prevented to conduct business. Mark advises he will present this
at the December meeting.
Suzanne says the Grant Lake hydro project renewal was discussed.
The Committee will generate a letter to the Federal Energy
Regulatory Commission asking them to keep us informed of the
process. The Committee had a brief update on the Beaver Creek
Anglers Acres bank erosion and the situation of the homeowners on
site. Based on that discussion it was recommended that the
Committee generate a letter to the Governor advising him that
there are many precedent setting situations that are going on
right now the river in relation to flood damage. This letter
would ask the Governor to support the AG's office in providing
DPOR and the Dept. of F&G with legal advice as we move forward.
The next meeting of the Permit Committee will be at 2 pm on
December 7th at CIAA.
Jim A. Richardson asks that the Board write a letter to FERC
asking for "intervenor status". He says this will change the
level of info provided to this board on the Grant Lake project.
C. Kenai River Comprehensive Management Plan Revision
Committee Recommendations. This committee met at 3:00
pm this date to begin the process of reviewing the 1986 Kenai
River Comprehensive Management Plan. The Committee which is made
up of all board members follows a 6 page list of the major topics
from the 1986 KRCMP. Jim states the board went through most of
Chapter 2 of the handout at the committee meeting. It is
suggested to continue to work through the rest to familiarize all
members with the plan.
Suzanne then continues the discussion with Chapter 3 under "Water
Quality". Lance says to add sewage waste, hazardous materials,
materials in flood plain being vulnerable to this section.
Jim asks if discharge of processed waste does damage to the smolt
in the lower river. Lance says it is not known. Lance says we do
not know alot about the water quality in the Kenai River.
In the next section "Recreational Activities and Facility
KENAI RIVER SPECIAL MANAGEMENT AREA _
ADVISORY BOARD - November 16, 1995
Development nothing is added.
.19
Under Chapter 4, Recreational Land and Water Use "Land Use and
Development" nothing is added but Iry asks about Cooper Creek dam
and what the effects of its tributaries are.
Under "Management of Public Lands" the management of easements
was added to right-of-ways and easements. An MOU should be
included there also. Effects from spruce bark beetle timber to
the watershed as potential issue. Navigability defense stream
corridors.
Under "Commercial Activities" add rental boats to fishing guides.
Other commercial activities should be addressed such as food
barges, espresso boats, illegal guides, etc.
Under "Permitting Procedures
on the outline.
Under "Law Enforcement"
no new ones added other than those
Under "Interagency Cooperation" add facility development and
Public Use Management.
The discussion goes on through Chapter Four, Five and Six.
Nothing is added to the outline here.
Jim A. asks how are we going to continue the review of the plan?
It is decided a letter to Marty Rutherford to begin process on
identifying the "desired future condition" for the river. NOTE:
Homework assignment for all board members: What is your desired
future condition of the Kenai River?
A Flow chart to ID process is suggested to help with the KRCMP
revision.
D. Draft Regulation Review. Chris reviews the draft which
was provided to each member starting from pg. 11 reviewing 11 AAC
20 as these area the regs that this'bdard is most interested in.
Duane makes a motion that the board supports adoption of these
specific regs related to the Kenai River with an endorsement sent
to Chief of Field Operations Pete Panarese.
Call for question. There was unanimous consent to send an
endorsement of the regulations.
E. Salamatof Acquisition Discussion. Mark Chase requests
a written recommendation of support for the acquisition of the
Salamatof property. After discussion it is decided to include in
the resolution the following properties: Stephanka, Kenai River
KENAI RIVER SPECIAL MANAGEMENT AREA
ADVISORY BOARD - November 16, 1995
_5
Ranch, Irene Girves, John Kobylarz, and Chester Cone properties.
Iry poses the question of what is to prevent Salamatof from
buying this land back. Lance answers that issue has been
anticipated and there will be terms and condition as well as
covenants to prevent this.
There was unanimous consent to support this and a resolution will
be completed and sent to Mark Chase by COB Friday, 11/17/95.
F. Assign and Review of Board of Fish Proposals. This
request comes from Pat Bower that this board review the BOF
minutes. After quick discussion it is decided that this be
referred to the Legislative Committee to review and bring to the
full board. Ben Ellis will be informed of this as he is the
Chairperson of that Committee.
G. Nationwide Permit 29 by Corps Of Engineers. Jim H.
Richardson informs the board this would allow homeowners to fill
in up to 1/2 acres of wetlands on their property. It would
preclude the owner from going through the regular COE process. It
is designed to be an expedited and relaxed method of permitting.
The problem he sees with this is along the Kenai River the
wetlands that are contiguous of the river are part of the
habitat. Many of the parcels are small parcels however the
cumulative effect of each landowner could be magnified greatly.
Some of the areas are river overflow areas. What is determined a
wetland may actually be a flood channel which would impact the
adjacent land owners. Jim recommends that this board pass a
resolution to exclude the Kenai River watershed from this
process. This would mean landowners would still have to go
through the regular process of permits.
The board gives unanimous support for this resolution. Jim H.
Richardson will develop the wording for the resolution for DPOR
staff to submit. A copy will be sent to the Governor and
Commissioner Shively.
IV. ADJOURNMENT I
A. Board Comments.
IRV: states Chris and Suzanne did a very nice job on the KRCMP
outline.
JIM H.: feels the board made a good start at the KRCMP.
DUANE.: Would like to address what is going on with the Kenai
River Summit and the December meeting.
KENAI RIVER SPECIAL MANAGEMENT AREA 6
ADVISORY BOARD - November 16, 1995
JEFF: Reports gives a Guide Task Force Update. He says there is
so much resistance in the state for licensing statewide. Jeff
relays that if there are guide limitations to -be pursued it will
probably be here. He states the key thing is accountability.
JIM A.: Looks forward to a constructive way to start KRCMP
process. Jim will be following with great interest the sheet
pile situation at Beaver Creek.
B. Date/agenda of Next Meeting. Next meeting is December
7, 1995 at Cook Inlet Aquaculture. Agenda items will include: A
Presentation of Kenai River Summit Report by Duane Harp, Bylaw
Revision Adoption, Upper River Cooperative Plan Presentation, A
report from the Legislative Committee on BOF proposals, Permit
Committee Reports and_KRCMP Committee Report.
Respectfully submitted by Denise Dutile, 11/21/95
Permit
Alaska Department of Revenue
Charitable Gaming Division
P.U. Box 110440
Juneau, AK 99811-0440
Games of Chance and Contests of Skill
PERMIT APPLICATION
AS . 0
Please read the instructions before cowleting Aii wliiatfiw-
n
FOR DEPARTMENT USE ONLY
Permit Number
Cate of Issue
CITY OF KENIIt Od Cap" 4 V
o
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 bylAnd
IF�.ebaq
"z
MEMORANDUM
TO: Mayor John Williams and the Kenai City Council
FROM:-A--4 Cary R. Graves, City Attorney
DATE: November 30, 1995
RE: Taxation of Pull -tabs and Bingo
During the Council meeting of November 22, 1995, Mayor Williams requested I contact other
Alaskan communities regarding whether they tax pull -tabs and Bingo as part of their sales tax.
Mayor Williams also requested the relevant code sections of those communities taxing pull -tabs
and Bingo.
Below is a list of communities I contacted and their responses.
City of Kodiak
Kodiak Island Borough
City of Wasilla
City of Palmer
City of Petersburg
City of Wrangell
City and Borough of Juneau
Ketchikan Gateway Borough
City of Ketchikan
Exempted
No sales tax.
Taxes "ideal net" of Bingo and pull -tabs. See
attached ordinance.
Taxes pull -tabs. See attached ordinance.
Exempted.
Exempted.
Taxes pull -tabs. See attached ordinance.
Exempted.
Exempted.
If you would like any further information on this issue, please let me know.
CRG/sp
Attachments
C: \WP60\DOCS\LEGALDP'nPULLTAB. MEM
SENT BY:City of WASILLA 1:22PM ; W illa, ALASKA !!!�
907 283 3014;# 1
6,50-060 3secial Collection for Buildinn Construction. To avoid the payment of multiple taxes the
buyer who undertakes an original project for coostruction.of a building, an improvement lo. a building or an
improvement to land. which requires muoeUamsota purchasing from more than one seller. may pay the
j maximum tar on the aggregate project purchases.
i
A. Upon payment, the City shall issue a building exemption oerdfieste showing the payment of the
maximum tax and specifying the project, its location, the awaee'i name. and the buyer's name. The Certificate
shall exempt the buyer for a period not to aceeed one year and is not transferrable.
B. Showing of the building exemption eartifieste at the time of .purchase of goods. rustals of
equipment. materials. articles or subeontraodng charges will exempt the purchaser f om forthar sales tax and will
relieve the seller &non the obUnution to collect the tax. . .
C. Tax Applied To "Ideal Net! of Gammin&Pro^need The purchase off.. bingo for
any other "designated Intangible personal properly" shell require the Geller of such designated fat a penonil
property to remit the sales, tax on only an equivalent Calculation of the "ideal net" portion of the aroma prooesds
or total transaction price. As used herein, the term "ideal Act' is intended to raft to that term as dagned by
12 AAC 34.09.90(1) meaning the tour amounts of reeeipts'dw would be received if every individual pull -tab
ticket in a series were sold at it face value less the total predetermined. prism available to be paid out In the
series. As applied to the sale of bingo games or other designated intangible personal Property, the tag is to
apply to an equivalent calculation of "ideal nat" so as to make the tax applicable to the pose recblple received
by the sellar on the designated intangible personal propsrty, less prises awarded on the series, set of Bonne, or
contest for which chances to receive a specified prise or-opeciSed prime have been sold. To facilitate the
collection and payment of the sales tax upon rite ideal net portloa'of the gross ptoeesds or total satorot of the
separable transaction prices. the seller of designated intangible personal property may. if the surer so chooses,
mums or absorb the amount of the sales tax payable by the purchaser of the designated Intangible personal
property. (Ord 92-29 43 1992; Ord. 93-11 13 1993; Ord. 93-5.9 f3 1993)
Upon collection by the seller of the. ntw Ittlpoted in this chapter, title
to the collected term shall vest in the City. All taxes oolleded am City moniek and the teller is at aft times
accountable to the City for such monies. Collection of any tau or tanse, interest and penalties duel' add parable
to the City under this chapter may be enforced through civil action brought in any court of Competent
jurisdiction. Every sale which is made within the City, unless explicitly exempted by this Chapter or a
subsequent ordinance, shall be presumed to be subjea to the tax imposed under this chapter in any notion to
enfbree the provisions of this chapter. (Ord. 92.29 13 1992)
6-300a0 Tax 4 .-- ntema . penaity �ueev_
A. 8very seUw on. or befbn tbs loth day of each month, aheii make out a rotmta fbr dta praeading
month. upon forms to be provided by the Chyl seftft.fi rwAs amount of ell'Wds% remelt sad all
nontartable sales, rentals and services, and all taxaWa W.�, rentals gad services far the preoedimS�ittottah; dui
aoiount. of tax thereon, and such other inknudosi''aa chi C1iViWo'-fime
'at<dsipt aqd tres'sakda'some to
b'Ci4yivne tale levied .hill'bs'piidby t6i i6dWb!4b Ca'aWdimit"i f6e imp if get
thpiiid.'4h1* tax WWI •fblfbaitb'btl0bme'deliagtienk�`'igiifi�t d'; i'�iti''of'i�i '� .bii't6
delingnorttalc hom16 datA of delin(jwaoy�timtil j�tiia'sliill! ,Ud bb 6611fd1' is Ow.
sdetuuryw tits; b c uect@4 igThe on or
bdlirs�tlN +d ►'oP eabh`'month. ' 1'LFtc1 `Grp► io�i�Wlwb ' it t aived`oa. or 2M
d4t`.of thimoput�l iq;uieh chi tag farad..weld►`psOrmwst, iE;w.bi,tiatitted.�hii'V3iGi1<'iitk
mall. "she data of Al' availed returns for ur�oees of lkds a� j ' e on
dblerrilma, tna p dNacmWag daiiegwoas Pa►�
d�lioquiemt'tsx soeoitlnifr eta set forth
above In additfbm.`'iloti pe�ymetht`pai'"!wl liiiw petgdt (!%) per
Page 7
Poet-Ir Fax Note 7671
Don 1 5,
wo.
Frern
oo./Dept ,u
Phone e0
throne M
Fax Ig
Fox* 373-. O6
City of
Palmer ID:907-745-0930
NOV 28,95 13:17 No.003 P.01
^&::. ;, :w0 pet can ss: es = : t'e
zpr`_it on }• :o the °�=s_ f.Vethe , �! s • . __a_ s c: easr L ze
Sc�E of S-n _ te:r or ►tcmE-, rent or se-%" Ce transaction. The
:.
payment of rent, whether :or _eel c: person&! proper-;•, in
excess cf five ',_ndr ed d-ol_art and _or rn-r a thin one man-
sha'_1 be treLted as several separate transactions cover_n=
he r e:,;.p_'_ : er one month each. R transaction invcIV 4 nc
payment !or services or personal -property to be rendered or
dejiverec over a period of more than one month for a cons:-
deration in excess of five hundred dollars shall be treated
as several separate transactions occur=in5 one Each month
over the period of time that the service or property is ren-
dered or delivered.
C. ror purposes of the tar. levied by ;.his section,
a sale of tangible personal property is mane within the city
i::
1. The sale is made by a business located within
the cite and delivery occurs within the city;
2. The sale is made by a business located outside
of the city and delivery occurs within the city.
D. The tax levied by this section is applicable to all
services rendered within the cite, notuithstanding ;.he tact
that the business may be located outside of -he city or
that solicitation or�payment•may have occurred outsibe the
city.
E. The sales tax on rentals is applicable to rentals
--;
"or t11 -real property located within the city and to rentals
c: personal property Irom a business within the cite and :rom
-
e business loza tea outsibe the city .,he; the personal Property
is used in the c:.•v. (Ord. 276 54 (Part) , 1963) .
3.16. 04 0 - xaI:-les of taxed transactions. Illustrative
ex.ar..p.les c! trans!ers o_ ownership -or possession, and render -
.is of services, which are taxed undo= this chapter include,
but are not limited to, the following;
r. Rentals of all taac .bie personal property, incluc .nc
vendins r.,ac.hnes, typewriters, o:.r,ce furritu: -e and ecuipmsrt
toots, automobiles, construction equipment and eirc-raft, in-
clud_nc all maintenance and repair contracts in connection
Cher ew _ t`•
�Sp_?y_ne
B. natural or artificial cgs, ele:tr_cit}•,
ice, _team,. water and a?: services 5., a pi;,l;,c or , _:veto
C . Transportation !or h-4 a c` persons by cz:L-nzn carrier,
mezns at -tans-Dortation !o: h4re:
D. Se: vice b\• :ale .hone companies to s_,bsc=_bers cr
.'^ .: n f message: whether c users, i:�c_',ring a sn sale:: c � e�'�er _c z1
c_ lens cistzace. This s::a'__ incluce a__ services and
remit c::&_ces saving any C;nnect-ion telephone s=:v=:e,
but shall not i..^.elude depesizs;
Post4t"' brand fax traasmWat memo M +tea
(?al:ner 5/94 )
City of(Palmer
ID:907-745-0�;30
NOV 28'95 13:17 No.003 P.02
i
:o.
of t:l :N•pes.. ):` "s &n^
c ;M_bc:e_s an she service _ d 'ice o! P::.t:;ir c. o�•e: nt:r::
t . Renttn; rooirs cr 1:'::.nq CuL, :ers c o!fices •G:
other comme_ c1&1 ipbce of L.'heteve_ name or nbtur a ht,-
teas, oPZ_t:nents, _oominghou_•es, Public lodg_nc:souses e_ by
f:.rn.s or duals renting s:.ngle or :nult:ple-u-:it resi-
dences or of!-4--es or other commercial -pbce, incluc:np
state or federtll:► subsidized rentals. For P)*:rposes of
computing the maximum tax, a rental of pr oiler t)? "or c per i -
od to e>:cess of one mcnth shall be deemed az a series of
rentals with each rental transaetion terminating as a rent-
:. garment is made. The maximum sale: tax m,aLble shall be
arp! icable to each deemed rental with tag: pal"ents to ac-
crue and become pa�!able at the time cf filing the nee:t
monthly return to be submitted following receipt of the
ental
C. roods, confect, --is, and all liquors, beve_sges and
drinks sold and cispers::-_ by retail stores, restaurants or
other dispensers, and sold for immediate consumption upon
the premises or delivered or carried away from the premises
for consumption Elsewhere;
H. Advertising of all kinds, tl-pes and characters
contracted for o: sold in the city, including em- and all
de-ices used for advertising purposes and the serrvic:ng o:
&dve=tising devices;
- . Gross proceeds oerived _r=n the ::,per etion o.
• -zu-ch»a=ds, slot r..ac::_aes, mF-%.,% :,ac:•._^ es, j;.):ebo :es,
merchandise -vending machines, pull -tabs, er am;%semert de-
vizes of any hind, and se'::-se_--�•ice '_a;:nc�� and c:,�cleer.:ng
aw1.:R
C • The sale of ;rickets or eerr.:ssior_s to places of
anusezneat, ente::ai%*nerrz, recreational or athletic events,
or cues or fees for the pr vi? e: a of having access to or
use c: amusement. e:�te_ta4_ -ne;;t, a filet c or rec_eat_ona.
fac_1i '
ties, lac u;.:ng free or corgi.:_:ne,ta-passes and
t=ckets, a;:.;,=ssio::s dues or fees. s:th free or co.=1 _men-
t&�► passes and tic}lets, dues cr.:ees are declared; 'to have
qa • a, e�
E :v ;, -o :.he sale i_'ce or value of Lhe t=ci:-
ets, passes, a;:r-._ss c.,s dues v :ees;
... Sales of ta^== b? a Pe so.U. Property, and se: ri ces
made _ -- the Purpose c_ develcp:n g and r ea_ es-
tate, eve: thou:h such =etl estate s _..:ended :e= resale
as real r�~ePer ty . Sales c_ - 1
_ - Vaag_b a Personal property
.;.e. er =a' $ , s;:pr--es end e = u :,en: a. = elide_ _ng
Sere, des to _:tensed co n_=ac=ors v.no se th s e the
G - .. a a;� �.
per: :=Ince c: a cc trac- y'--- t: -%% - r n
! 1 '..�i'`= •.w _Q/w � • �r a C,�wGw 8rE ./vwwV�� LG1. F.iw_E
-es, �V c�:•�i__ac-c_'s Vo L! "Pr:-Ce -o the ✓L•Yer s.IEll
be :a>led. Sales of tangi*le persona_ P_cpE=ty to perscs:s
who _e P=_rr,a_i)y en;aged ir. set ne tne` set\,ices sha'_,
be deemed sales ^ :.o cons=ers or use:: , and Cher e f ore tax-
Gam, A •
11/28/95
r
15:54 CITY -BOROUGH JNO 907 2e3 3014
�'i ll'•1275.�
�'-
this_m� state. (Revised 5190) �J
2 , 69 , O as n * =e 2 >r ON SALl� O! PQLT•- aa�La
(a) Notwithstanding any other provision in this chapter, the sales of
pull -tab games by any operator or any permittee are subject to the city and
borough sales tax.
(b) Each operator and permittee conducting pull -tab games within the
city and borough that is not based in the city and borough must, at the time
of filing their period return for sales tax, file with the sales tax
administrator a report on their activity in the city and borough during that
filing period, including the amount of gross receipts, the amount of
authorized expenses, the value of prises awarded, the amount of net proceeds,
the amount of net proceeds paid to each permittee, and other information the
city and borough may require. The quarterly and annual reports required to be
filed with the state may be used by the operator or the permittee as the
source for this information, provided the activity within the city and
borough must be reported separately from the activity outside the city and
borough.
1c) For purposes of this section, the' term °operator," "permittee, "
"pull -tab game," "gross recelpta,4 "net proceeds," and "authorized expenses"
shall have the meaning provided in A8 Chapter 05.15 and 12 AAC Chapter 39 and
as those statutes and administrative regulations may be hereafter amended or
replaced.
(a) The manager or his designee shall adopt and amend procedures,
regulations, fees and forms for the administration of this chapter, and shall
adopt guidelines for the determination of the taxability of transactions and
may rule on specific transactions upon request. The written ruling on a
specific sale may be relied upon by the parties to that sale unless essential
facts were not provided to the person baking the ruling or t)1c ruling is
clearly contrary to provisions of this code.
(b) The burden of proving an exemption shall be on the person claiming
an exemption. Persons claiming an exemption may be required to obtain an
exemption certificate. Certificates issued under this chapter shall expire as
determined by the manager or designee.
(c) The manager or his designee shall take all .9teps necessary and
appropriate to administer this chapter, which includes the authority to
compromise and abate penalties and interest, and to negotiate and enter into
payment plans for delinquent sales taxes, penalties and interest.
(a) The manager or his designee may revoke any exemption authorizal.ion.
certificate or other authority to obtain an exemption if the person entitled
to the exemption has beta found to have used the axernpLiun auth0XizaL.1011 01
9
CITY OF KENAI + - g
C9d 0,apdai 4 41"w�w
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 byoh4
IF+..�oaa
IIII�1
November 28, 1995
John Sorenson
State of Alaska, DOT/PF
PO Box 196900
Anchorage, AK 99519-6900
Subject: Kenai SDur Project
Dear Mr. Sorenson:
The Council of the City of Kenai, at their meeting of November 22, 1995, asked that I
contact you with the following concerns:
1. The "Business District" sign that was once up at the intersection of the Spur Highway
and Bridge Access Road is in the ditch and needs to be reinstalled.
2. The transition of the Spur Highway from four (4) lanes to two (2) lanes is not well
marked, nor is it lit up. This transition needs better barricades and markers, plus it needs
to have lighting for safety.
3. The signal at Bridge Access Road and the Spur Highway is not acceptable. We are
very much in favor of having properly signaled protected turns. However, the way it is
presently set up, the vehicle making the turn does not know the turn is protected because
it is a solid green, not an arrow green. Therefore, the turning vehicle waits for the
oncoming traffic (which is stopped with a red light) because he assumes they have a solid
green light also. This is very confusing to everyone and both vehicles are stopped.
Finally the turning vehicle thinks... "Well if they are not going to go, I will turn in front of
them.' By this time the oncoming traffic gets their green light and we have two vehicles
fighting for the same space. I realize this is a temporary set up. There eventually will be
a separate green arrow and solid green. The state should install the protect arrow green
now, even if they have to mount it temporarily. The additional cost may be a small price
to pay if one was to consider the accidents and injuries this confusing signal may cause.
Page 2
11/28/96
Sorenson
The city understands this is a state project and you are responsible for all aspects of the
project, including safety. The above items are brought to your attention out of concern
for our citizens. These items are perceived problems and comments or suggestions that
might be helpful to you.
Cincerely,
Keith Komelis
Public Works Director
KK/kw
cc: Tom Manninen, City Manager
\,Mayor Williams and City Council
George Church, DOT, Soldotna
C:\YPDOCS\PROJECT\SPUR\COUNCIL2.LTR
CITY OF KEK a,9
It Gd "�441
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
_ FAX 907-283-3014
an
'IIIII
November 28, 1995
Letter sent to property owners:
Royce Roberts
Peter O. Hansen
Jesse Wade
Dena'ina Point Association
James Magee
Subject: Beetle Killed Trees
The Council of the City of Kenai discussed proposals to cut down beetle infested or dead
trees from Peninsula Logging and Spruce Works Co., Inc., at their meeting of November
22, 1995. The area discussed was city owned land in Section 36.
Mr. Payment, from Peninsula Logging, stated they would like to cut beetle infested and
dead trees for resale as firewood. Mr. Jorgensen, from Spruce Works Co., Inc., stated
they would like to cut old growth and infested trees for logs, tongue and groove paneling,
decking, and framing materials.
Enclosed are the items that were in the city council packet for discussion, which includes
a map and Spruce Works Co., Inc. ' letter of November 6, 1995.
The Council requested Administration contact you to see how you feel about these two
proposals. The land the city owns is intermingled within areas that are privately owned.
The Council would like to know:
1. If there are objections to cutting of trees on city land from the private land owners in
this area.
2. If private property owners want the beetle infested and dead trees removed from their
property. (In this case, you may be asked to enter some type of agreement with the
loggers and the city.)
3. If private property owners have no objection to cutting trees on city land, but do not
want any trees cut on their land. (In this case we would want property lines surveyed so
they will not get on your property.)
Page 2
Section 36 - Logging
11/28/95
In any case, the city would like to know your feelings about logging in Section 36. 1 think
the council is only considering logging beetle infested and dead trees, not old growth
trees that are not infested. Please write Tom Mann inen, City Manager, or Keith Komelis,
Public Works Director, at the above address with your thoughts concerning logging in
Section 36. We would appreciate hearing from you by December 20, 1995. Thank you.
Sincerely,
��
Keith Komelis
Public Works Director
KK/kw
cc: Tom Manninen, City Manager
,dayor Williams and City Council
CITY OF KEN o —/,�
„OdeapiWgAUAVXWC46V
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
,III'
November 29, 1995
Bill Kluge
Kluge & Associates
130 Trading Bay, Suite 330
Kenai, AK 99611
Subject: Congregate Housing - Solarium & Storage Building
Dear Mr. Kluge:
I am in receipt of Kelly Keating, Blazy Construction's, letter dated November 21, 1995
requesting an extension of the completion date. The city is well aware of how there can
be an untimely response from a glass company from our past experiences.
It is not the city's policy to consider such an extension of time until the project is
completed. I will, however, keep this letter and its request for consideration after the
project has been completed. I will also notify the council by copying this letter and Blazy
Construction's letter to them.
Sincerely,
Keith Kornelis
Public Works Director
KK/kw
cc: Tom Manninen, City Manager
-Mayor Williams and City Council (12/6/95 Info.)
Pat Porter, Senior Director
Kelly Keating, Blazy Construction
C:\WPDOCS\PROJECT\SOLARIUM\EXTEND.LTR
NOV -22-95 WED 15:52 KLUGE and ASSOCIATES 2839083
NOV 1995
M? Cgier^d BLAZY CONSTRUCTION
c�"r'a
Pehet'.::ks s pi 44539 Sterling �Y. Suite 301
Soldotna, Alaska 99669
Thomas D. Blazy (907)262-5080 / Kelly J. Keating (907)262-3810
FAX (907)262-2691
DATE: November 21, 1995
TO: KLUGE & ASSOC.
130 Trading Hay Road,Suite 330
Kenai, Alaska 99611
ATTN:
Bill
PHONE:
(907) 283-3698
FAX:
(907) 283-9083
FROM:
Kelly John Keating
PAGES:
1 (including cover)
P. 02
------------------------------- ------------------------------------
Bill,
We request an Extension of Completion date on the Kenai Senior
Center 1995 Improvements due to long lead time on the Aluminum
Windows. Along with the cooperation of you and our supplier the
submittals and their approval was expedited as quickly as possible.
The problem is simply with the lead time which the manufacturer
requires for this type of custom work. All materials are presently
at the shop of our supplier and being fabricated for installatin next
week. We anticipate completion of the "solarium' by Nov. 30th.
After that we will move as expeditious as possible to complete the
project. If possible would appreciate a date of substantial
completion of December 22, 1995.
Sinc rely,
i
Kel John Keating
^"EATER KENAI CHAMBER OF
COMMERCE
402 Overland
Kenai, Alaska 9%11
KENAI, CITY OF
210 FIDALGO AVE., STE. #200
KENAI AK 9%11
1995 BOARD OF DIRECTORS
BULK RATE
U. S. POSTAGE
PAID
PERMIT NO.12
KENAI, AK. 99611
Bill Kluge
Kluge & Associates
Jeannie Munn
Peninsula Postal Center
Ron Malston
Malston's Inc.
Linda Chivers
Key Bank of Alaska
Bill Coghill
Mikunda-Cottrell
Leroy Heinrich
Unocal Agricultural Products
Mark Necessary
Tesoro -Alaska Petroleum Co.
Fred Braun
Gary King Sporting Goods
Jim Butler
C. R. Baldwin, Attorney
Kathy Scott
K. Scott & Associates
Bill Stamps
Peak OR Service Co.
Bill Thompson
PTI Communications
Lloyd Johnson
1st National Bank
Stan Pitlo
Peninsula Clarion
Tom Manninen
City of Kenai
Peggy Arness
Congressional Ofilce
CHAMBER STAFF
Laura Measles Executive Director
Shirley Roberts Assistant
283-3698
283-3483
283-4966
283-7542
283-3484
776-8121
776-8191
283-4648
283-7167
283-5130
283-2022
262-1201
283.3585
283-7551
283-7530
283-5808
283-7989
283-7989
1995 OFFICERS
Bill Kluge President
Mark Necessary President -Elect
Jim Butler Vice President
Bill Coghill Secretary -Treasurer
Valerie Edmundson Immediate Past Edmundson Immediate Past President
H01 ME Off"gYfE ;5NPW GOCISE CLASSIC'
402 Overland * (907) 283-7989 *Fax (907) 283-7183
Kenai, Alaska 9%11 DECEMBER 1995
WEDNESDAYS
12 NOON
KENAI MERIT INN
INTERNATIONAL
TRADE -EXPORT
COUNCIL PANEL
JOHN BOBB
BUREAU OF
IN ALCOHOL,
TOBACCO &
FIREARMS
PATTI TRUESDELL
FAMILY RECOVERY
CENTER
HAPPY HOLIDAYS!
** Programs may change**
A MINIMUM OF
$10,000???
OF COURSE YOU DO!!
GUESSES ON THE
1996 SNOW GOOSE CLASSIC GO ON
SALE JANUARY 1,1996
$2 PER GUESS,, ? _; Z 4
C� 91
w:.
REMEMBER, WIN $10,000 OR 1/2 OF
THE TICKET SALES
(WHICHEVER IS GREATER!)
Brought to you by
TESORO ALASKA
AND
KENAI CHAMBER Ol
COMMERCE
1
CHAMBER
The Job Shadow Day sponsored by the Kenai Chamber of Commerce
and Kenai Central High School far exceeded expectations. Positive feedback
has been overwhelming, and we look forward to the Spring semester Job
Shadow Day. Business participation was excellent and we'd like to take this
opportunity to thank the following: Alaska Department of Fish & Game,
Alaska State Troopers, Carol A. Brenckle, Attorney, Cellular One, Central
Peninsula General Hospital, City of Kenai Finance Department, Public Works,
Parks & Recreation, Police Department, Airport Manager and City Manager,
Division of Vocational Rehabilitation, Federal Aviation Administration, First
National Bank of Anchorage, heritage Place, Kenai Central high School, Kenai
National Wildlife Refuge, Kenai Peninsula United Way, Kenai Senior Center,
Kenai Visitor & Convention Bureau, Key Bank of Alaska, Kluge & Associates,
K Mart, KSRM Radio, MACteI Cellular System, Nelson & Associates, Peninsula
Clarion, Peninsula Postal Center, Sears, Roebuck & Co., Tesoro Alaska & Twin
Cities Production.
The time commitment as well as sponsoring their students lunch, was a
large one and shows the commitment on the part of these businesses to our
youth. Again, we thank you, and look forward to the Spring Job Shadow Day!
SIX GOOD REAS
ONS TO SHOP
LOCALLY
. Dollars spent locally stay in and
cork for the community.
The firm you buy from pays local
axes to support our community.
The store you buy from will stand
Behind its goods.
�. You can transact biwinesd with a
Money you spend here stays here to
*ate join for your neighbors.
You want to see the community
row and prosper.
SHOP LOCALLY THIS SEASON!
The Kenai Chamber of Commerce
owes a debt of gratitude to
MACteI CELLULAR SYSTEM
and
KENAI PENINSULA BOYS & GIRLS
CLUB
for coming to our rescue with the
movies for our children during our
recent Christmas Comes to Kenai. Due
to the generosity of these folks, the
Kenai Chamber of Commerce was able
to continue with our 18th year of
tradition.
PENINSULA
Hospice of the Central
Peninsula, Inc. is a local non-profit,
volunteer based organization serving
the greater Kenai & Soldotna area's
since 1987. Hospice provides care and
support to individuals with terminal
illness and their loved ones. Often
confused for a place, hospice Is instead
a philosophy of care. It combines the
familiar home, family and friends with
comfort, compassion and a peaceful
death. Hospice philosophy encom-
passes not just the physical, but the
emotional and spiritual preparation
for death.
Volunteers are the "heart of
Hospice care. These volunteers
undergo extensive training. Hospice
charges no fee's for it's services.
Additional services include help in
making decisions regarding Advance
Directives, Lending library of books,
videos & audio tapes on dying, grief &
caregiver issues, assistance with
funeral planning & educational
workshops.
Hospice is a member of the
National Hospice Organization and
one of nine hospices in Alaska.
Funding comes from generous dona-
tions from within the communities.
Coming December 20th, Alvii
& the Chipmunks will be holding a
concert to benefit our Hospice, and
tickets are available through Carrs
Ttx. For more information call Liz
Schubert, Executive Director at 262-
Congratuations to our Student of the
Month for November, Matt Reilly. A
special thank you to Peninsula Postal
Center for sponsoring our student this
month, and to Unocal Agricultural
Products Group for our
certificates!!
1 • • 0 • • • • • • • • • • • 0 • • • • 1
Please note.... Statements for 1996 dues
will he in the mail soon, and your
renewal to the Chamber is the back-
bone of its'existence. Please fill out the
enclosed fact sheet so that we make
update and make any changes needed
for our 1996 Membership Directory.
COOK INLET COUNCIL ON
ALCOHOL & DRUG ABUSE
Henry Novak
P. O. Box 882 - Kenai
283-3658
COPIES PLUS
Chuck GrinodKathy Stoner
P. O. Box 1269 - Kenai
283-6712
MONTY CUTSFORTH - Associate
262-7803
OBENDORF TUTER & LAMBE
CPA'S
Joe Moore
189 S. Binkley #201- Soldotna
262-9123
December 1995
Sunday Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
" GREATER KENAI CHAMBER OF
COMMERCE
CHAMBER BOARD
MEETING
L 402Overland
PARADISOS, NOON
Kenai, Alaska 99611
- -
�
2
HOME OfTX`E SA(Q'W GOOSE CLASSIC
CHAMBER LUNCHEON
KENAI MERIT, NOON
INTERNATIONAL
5
TRADE -EXPORT
COUNCIL PANEL 6
7
®
9
3
4
DEADLINE FOR
CHAMBER LUNCHEON
CHRISTMAS
CHAMBER BOARD
CHRISTMAS
KENAI MERIT, NOON
DECORATING
MEETING
s,
DECORATING
JOHN BOBS
CONTEST JUDGING
PARADISOS, NOON
CONTEST
BUREAU OF
12/15/95
10
1 1
12/13/95
j 12
ALCOHOL, TOBACCO
& FIREARMS 13
1 4
15
16
CHAMBER LUNCHEON
FIRST DAY OF
KENAI MERIT, NOON
WINTER
PATTI TRUESDELL
17
18
19
FAMILY RECOVERY
CENTER 20
21
2 2
23
CHRISTMAS DAY
HOLIDAY
HOLIDAY
CHAMBER OFFICE
CHRISTrIAS EVE
CHAMBER OFFICE
CHAMBER OFF ICE
CLOSED
CLOSED
NO CHAMBER
CLOSED
LUNCHEON
t24
w,
25
26
27
28
29
30
NEW YEARS EVE
"HAPPY NEW YEAR"
'
31
Created with CalendarMaker'" by CE Software, 515-224-1995
, a&~ o/ 446 97nv60 V"" !�lasasc
KENAI CHAMBER OF COMMERCE
ANNUAL BANQUET AWARDS
NOMINATIONS FOR 1995
DEADLINE TO SUBMIT NOMINATIONS: December 15, 1995
LOG CABIN AWARD: Awarded to an individual(s) who has come to Kenai, contributed to
it's prosperity, making Kenai a better place in which to live.
CONTRIBUTIONS TO COMMUNITY:
PIONEER AWARD: Award to individual(s) who has lived in the Kenai area at least 25 years
and who have been instrumental in the development of business, educationai. cultural &
recreational activities during this period.
NOMINEE:
CONTRIBUTION TO COMMUNITY:
The Kenai Chamber of Commerce appreciates your time and comments in support of this
endeavor.
Nominations submitted by(optional):
CITY OF KENAI -4 o 1^7
., Gd OorzjazW 4,41"-
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
CITY OF KENAI
BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT
TO COMMITTEES AND COMMISSIONS
c—
DATE: - A- - `1 S
NAME:
Resident of the City of Kenai? How long?
Residence Address
Mailing Address (� �(� (� s Telephone No.L,J
Business Address !Ni Telephone No. AAA
I i IA
EMPLOYER: IV 11�
Job Title
NAME OF SPOUSE:
Current membershi in organizations:
Past organ izationalcm-emberships:
-6-0-j c-'-/Cl G 64, 391 C1 q e 7r-cP
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
G /V v zCJ
WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
j�XO A a w �� �f Or tom. �n
m
Siqnature
d
The City of Kenai
November 29, 1995
Having read 1.90.010 through 1.90.060 , STANDARD PROCEDURES FOR
BOARDS, COMMISSIONS AND COMMITTEES the City of Kenai, I submit
my application to sit on the PLANNING AND ZONING COMMISSION.
I have read Title 14, 14.05.010 and 14.05.020 and believe I meet or exceed all
qualifications for this Commission. I therefore request that this application be
forwarded to Mayor Williams for his consideration for appointment to the
Planning and Zoning Commission.
Thank you for your assistance.
Vesta Leigh
C�
v6e,-71,
J,
P.O. Box 905
Kenai, Alaska 99611 283-4518
-9 -/6�
CITY OF KENAI SAFETY COMMITTEE Unapp, wv uu
**MINUTES**
November 21, 1995 - 10:00 a.m.
A. Administrative Items
A-1 Roll Call
Members present: Keith Holland, Bill Godek, Bob Springer, Robin Feltman,
Jason Elson, Tom Carver, Jeff Kohler, Tom English,
Fred Macvie, Mike Wichman, Mark Langfitt, Norm Erickson,
Members absent: Nancy Brown
Also present: Rachel Clark, Kathy Woodford
A-2 Approval of Agenda
MOTION
Fred Macvie MOVED for approval of the November 21, 1995 Agenda and asked for
UNANIMOUS CONSENT. Mike Wichman SECONDED. There being no objection the
MOTION PASSED UNANIMOUSLY.
A-3 Approval of Minutes
MOTION
Keith Holland MOVED for approval of the October 17, 1995 Minutes and asked for
UNANIMOUS CONSENT. Bob Springer SECONDED. There being no objection the
MOTION PASSED UNANIMOUSLY.
B. Accident/Spill Reports
B-1 10/24/95 Spill - Public Works Department
Jason Elson reported the incident occurred at the overflow parking lot at the Airport.
Mark Langfitt stated something was set on the bucket and there were no caps on the
connections. The weight opened them up and caused the oil to flow out. Clark
requested the crew make it policy to verify the caps are installed. Langfitt stated they
have already been replaced.
B-2 10/27/95 Spill - Public Works Department
Langfitt reported the street crew was demolishing an abandoned boat and overlooked
checking for fuel tanks. The tanks ruptured and spilled a small amount of fuel. Most of
the fuel soaked into the wood of the boat. The tanks were removed and taken to the
shop yard where the remaining fuel was put in the waste oil burner and the tanks were
Page 2
Safety Committee
November 21, 1995 Minutes
crushed. Elson asked where the boat was disposed of. Langfitt said the boat was taken
to the Borough landfill.
C. Discussion/Action Items
C-1 Review/Comments on (a) Emergency Contingency (b) Medical
Surveillance (c) Confined Spaces
C-1(a) Emergency Contingency
MOTION
Keith Holland MOVED for APPROVAL of the Emergency Contingency section of the
General Safety Plan as written. Fred Macvie SECONDED.
Holland referred to page IIIE2, Fire Explosion, quarterly fire drills. He asked if we are
mandated to do quarterly fire drills. Clark said she doesn't think the regs state quarterly
or annually, quarterly was an administrative decision. Holland stated he would prefer to
see annual fire drills. Springer concurred, stating the city doesn't have a large turn over
of employees and once trained employees should know how to exit a building in case of
a fire.
Clark asked Holland why he disapproves of quarterly fire drills. Holland said the airlines
would not be real happy having to evacuate, especially with all of the public in the
building. He added he is not sure if this regulation even applies to general public that
may be in the building. Clark said no, it does not include the general public. Holland
reiterated that quarterly drills seem extreme, that annual drills would be sufficient. Clark
asked to compromise at semi-annually. Elson concurred with Clark stating the schools
are required to have fire drills once a month. He said that from the fireman's point of
view, repetitiveness becomes instinctive, and when you do it often enough it becomes
natural to know what to do. Elson stated these drills are very important and in the case
of small departments (2 or 3 employees in a building) a short meeting going over the drill
would be sufficient.
AMENDED MOTION
Bob Springer MOVED to AMEND the MAIN MOTION to adopt the Emergency
Contingency section with the quarterly fire drills amended to semi-annual fire drills. Keith
Holland SECONDED.
Page 3
Safety Committee
November 21, 1995 Minutes
VOTE - AMENDED MOTION
DEPARTMENT
VOTE
DEPARTMENT'
YOTE:.
AIRPORT
Yes
ANIMAL CONTROL
Yes
BUILDINGS
Yes
CITY HALL
Yes
FIRE DEPT.
Yes
LIBRARY
Absent
PARKS & REC.
Yes
POLICE DEPT.
Yes
SENIOR CENTER
Yes
STP
Yes
SHOP
Yes
STREETS
Yes
WATER/SEWER
Yes
AMENDED MOTION PASSED.
Macvie referred to page IIIE5 and requested the STP be notified of a sonomi. Elson
sated he believes the city is automatically notified through the Borough Emergency
Management Office. Kohler asked if the area is even vulnerable because of how shallow
the inlet is. Godek stated he understands the upper inlet is not vulnerable to a sonomi.
Kohler said if a sonomi were to occur the Police Department receives emergency
notification. Clark said this information should be in the Borough's emergency response
plan which is not completed for our zone. She asked that we pass this section as is and
when the report comes out the commission can go back and look over the section and
update as needed. Kohler said the Police Department has a draft of that plan and he will
look into it. There was further discussion of who is notified. It was concluded the
Borough emergency management office contacts the city who in turns passes the
message through its departments.
Springer referred to page IIIE3, if smoke or flames are observed in a building alert co-
workers... Springer stated many of the city's buildings do not have alarms in them. Is
there an alternative to an alarm? Clark said the SSP states how to notify co-workers if
there is an emergency.
Page 4
Safety Committee
November 21, 1995 Minutes
VOTE - MAIN MOTION
DEPARTMENT
VOTE
DEPARTMENT
YOTE
AIRPORT
Yes
ANIMAL CONTROL
Yes
BUILDINGS
Yes
CITY HALL
Yes
FIRE DEPT.
Yes
LIBRARY
Absent
PARKS & REC.
Yes
POLICE DEPT.
Yes
SENIOR CENTER
Yes
STP
Yes
SHOP
Yes
STREETS
Yes
WATER/SEWER
Yes
MOTION PASSED.
C-1(b) Medical Surveillance
MOTION
Fred Macvie MOVED for APPROVAL of the Medical Surveillance section of the General
Safety Plan as written. Keith Holland SECONDED.
Clark reported the following changes she wishes to make: page IIIH2, the second column
under Medical Exam Protocol, it should bi-annual (every two years) rather than annual;
on page IIH3, instead of scape, it should say scope, in the top paragraph; and page IIIH4
Bi-annual Examination, second paragraph, only applies to the people who meet the
criteria on the first page, number 1 through 5. She said change the sentence to read
"Any employee who meets the criteria... Also in Exit Examination, add who meets the
criteria.
Erickson said Clark stated earlier that this will only affect the Fire Department. He said
he was asked at the last meeting to look at the MSDS regarding the use of respirators.
Erickson stated the MSDS on chlorine falls in the category 1 through 5, of pel of a
hazardous substance, which he feels is a deadly gas, as read under the MSDS. He said
it is also required by the MSDS that any person handling chlorine should fall under the
1 through 5 category. Erickson said he and the STP works with chlorine daily. Erickson
added the Shop handles various chemicals that are used daily, where, if you look at the
MSDS requires use of a respirator. He stated he would like his concern regarding
handling of chlorine and other hazardous chemicals addressed. Erickson read the
Page 5
Safety Committee
November 21, 1995 Minutes
sentence after number 5, ..SSP will list affected employees and operations with toxic
chemicals. "Do you feel chlorine is a toxic chemical? Our SSP does not reflect chlorine."
He added if the Fire Department showed up at the wellhouse they would be subject to
a toxic chemical which the SSP does not reflect as even there. Erickson concluded "If
there were a fire you would be exposed in our section to three 150 lb. bottles of chlorine,
I'd say that is a pretty toxic situation that I work with daily."
Clark concurred that chlorine is a toxic chemical. She said she has made an
administrative policy decision the City Manager is reviewing, that states you will wear
respirators when you change chlorine bottles. Clark said the STP would normally fall
under the same criteria except that they are switching to liquid chlorine within the next
month or so. Clark stated as far as falling under the criteria here, you have to be
exposed over permissible exposure limits of hazardous substances, not just any amount
of chlorine, over the permissible limit. She said part of the monitoring we did was to
determine if anybody is exposed over the permissible limit and they came back negative.
Clark said as far as she knows, only the Fire Department wears a respirator over 30 days
a year, adding Water Department employees only change bottles maybe once a month
so that does not reach the 30 days per year. Erickson stated that is only for changing
a bottle, what about when they work on the chlorine system. He added the potential is
there. Clark asked if he meant above the permissible exposure limits. Erickson stated
being monitored for six hours doesn't mean anyone even handled the hazardous chemical
in that 6 hour period. He said he does not have a problem with the wording, he has a
problem with being exposed to chlorine on a daily basis and not having proper training
in PPE for handling chlorine. Clark said there are two things being discussed here,
whether you wear a respirator for more than 30 days a year, or whether you're exposed
above the permissible exposure limits for 30 or more days. She asked which one of the
two Erickson feels he falls under. Erickson said he does not wear a respirator for more
than 30 days but should he have to wear a respirator for any length of time, which the
MSDS requires wearing a respirator, I have not been trained.
Elson said the bottom line here is should you be required to have a medical surveillance?
Erickson said if you wear a respirator, yes you are. Elson said medical surveillance only
applies to those employees who fall within those first 5 categories, and currently you
(Erickson) don't fall into that category. Erickson said that is in Elson's opinion.
Wichman asked how we are to tell what we have been over exposed to. He said
wouldn't the best way to tell would be by having medical surveillance. Springer clarified
Wichman's statement saying we can't determine whether or not if we need medical
surveillance because we don't know if we are being over exposed.
Elson asked Clark if the monitoring that was done was incomplete. Clark said it did not
fully evaluate everything any employee could do in his/her job. Elson asked if it could.
Page 6
Safety Committee
November 21, 1995 Minutes
Clark said no, but it can come close. Kohler said when the Police Department employee
was monitored he was specifically asked to do tasks that would expose him to anything
that might be hazardous. Clark stated she thinks everyone tried to do that.
Wichman stated on that day he worked on equipment all day and used no chemicals the
whole day, except for the parts washing tank.
Kohler suggested getting information from other agencies. Clark said she would look into
it.
Springer said that by accepting this Medical Surveillance section are we excluding
inadvertently, some personnel from departments? Clark said no. Springer asked how
we determine if someone wears a respirator 30 days or more. Clark said to ask the
employee.
Erickson said a canister type respirator is just that, a respirator. He referred to Mike and
Dave in the Shop welding, stating they wear canister type respirators more than 30 days
a year. Clark said it should be in the SSP. Wichman said it is. Clark said it is not listed
in the Medical Surveillance.
Holland stated doing the SSP was very new to everyone here at the city, things will need
to be changed. He suggested there will be things that we missed because we were
unaware of them at the time but are learning more each day.
Elson stated what the committee needs to do is decide if this regulation is acceptable for
the city, and if it is approve it then make recommendations to re-evaluate your job
positions and see whether or not you fall into this criteria.
VOTE
DEPARTMENT'
VOTE
DEPARTMENT
:.:VOTE:
AIRPORT
Yes
ANIMAL CONTROL
Yes
BUILDINGS
Yes
CITY HALL
Yes
FIRE DEPT.
Yes
LIBRARY
Absent
PARKS & REC.
Yes
POLICE DEPT.
Yes
SENIOR CENTER
Yes
STP
Yes
SHOP
Yes
STREETS
Yes
Page 7
Safety Committee
November 21, 1995 Minutes
WATER/SEWER I Yes I 1 ::1
MOTION PASSED.
Elson recommended to anyone that is concerned with the medical surveillance and the
monitoring to write his/her concerns to their department head. He said go through the
chain of command to have your position evaluated regarding medical surveillance, etc.
C-1(c) Confined Spaces
MOTION
Bill Godek MOVED for APPROVAL of the Confined Spaces section of the General Safety
Plan. Mark Langf itt SECONDED.
Springer referred to page IIC1 (e) ...the safety committee will evaluate... He asked if it
should be safety committee, not coordinator. Clark said it will probably be a committee
made up of employees in different departments. Clark suggested changing it to the city.
AMENDED MOTION
Bob Springer AMENDED the MOTION to change safety committee to the city. Fred
Macvie SECONDED.
VOTE - AMENDED MOTION
DEPARTMENT
VOTE
DEPARTMENT
-VOTE:
AIRPORT
Yes
ANIMAL CONTROL
Yes
BUILDINGS
Yes
CITY HALL
Yes
FIRE DEPT.
Yes
LIBRARY
Absent
PARKS & REC.
Yes
POLICE DEPT.
Yes
SENIOR CENTER
Yes
STP
Yes
SHOP
Yes
STREETS
Yes
WATER/SEWER
Yes
AMENDED MOTION PASSED.
Page 8
Safety Committee
November 21, 1995 Minutes
Holland stated he feels "the city" is too broad of a term.
Springer referred to IIC6, Relationship with Contractor. He said requiring them to comply
by having someone from the city informing them of all of the requirements of confined
spaces, shouldn't they already be aware of these regulations. Clark said the actual
regulation states the employer must inform the contractor of confined spaces regulations.
Elson said it is basically a liability thing. Springer asked if it comes back on the
supervisor, why not the safety coordinator. Clark said it would be illogical to have to go
through her each time a contractor was hired to do a job. Springer clarified his
statement, a supervisor may not have as much knowledge regarding OSHA confined
space regulations as the safety coordinator does. Clark stated she could miss something
just as easily as a supervisor.
There was discussion regarding the greenhouse and who should have been supervising
the builders of that building. Clark stated it is not the city's job to police them, they know
they obligated to comply with OSHA regulations.
Springer suggested amending supervisor to safety officer.
Holland asked that the motion be tabled and brought up at the next meeting after some
research is done as to who should inform the contractor of OSHA regulations.
Agreed unanimously to table the main motion, further research the subject and bring it
up at the next meeting.
C-2 Review/Comments on Ice Buildup Information - Manninen and Kornelis
Wichman suggested mud jacking the sidewalk to level it. Langfitt suggested filling the dip
in the sidewalk with sand until it can be permanently repaired. Clark stated she will make
these recommendations to Kornelis.
D. Informational/Safety Coordinator Items
D-1 Revisions to Carcinogen section of the City Health and Safety Plan
Wichman asked what has to be marked, the building or the locker containing the cancer
causing agents. Clark said the storage locker.
D-2 Alaska Cleaners certification for hazardous chemicals/pathogens
Clark said she spoke with Alaska Cleaners and they are certified to clean hazardous
substances and pathogens.
Page 9
Safety Committee
November 21, 1995 Minutes
D-3 Accident and exhaust hose recommendations
Kornelis told Clark the exhaust hose needs to go through the normal budgeting process.
D-4 Medical Surveillance testing
Clark said she asked Manninen if he would like to have some city employees tested.
Manninen said to put in the next fiscal year budget and see what council thinks of it.
D-5 December Meeting Date
Clark stated she will be gone on the normal date of the December meeting. The meeting
date was discussed and decided unanimously to hold the next Safety Committee meeting
on January 16, 1996.
E. Committee Comments
None.
F. Adjournment
There being no further business the meeting was adjourned at 11:10 a.m. and the next
meeting scheduled for January 16, 1996 at 10:00 a.m. in the council chambers.
Transcribed and submitted by:
Kathy Woo ord
Public Works Admin. Assistant
MEMORANDUM
TO: Keith Komelis, Public Works Director C o v 49 e- I L- ! u ro
FROM: Robert C. Springer, Building Official JS
DATE: November 30, 1995 f a /6/ q s'
SUBJECT: Procedure for obtaining sign permit
When an applicant requests a sign permit, they are questioned about the size, type, and
location of the sign they intend to erect.
If the proposed sign is in compliance with KMC 14.20.220 requirements, a sign permit can
then be issued. Once the fee is paid, the proposed sign can be erected. No additional
requirements are needed, according to the Kenai Municipal Code.
Any additional requirements would be redundant.
RS/kw
C:\WPDOCS\DEPT\BLDOFF\SIGNS.MEM
AM rirNAi � _ S & i3ONV EUEEAU FAX NO, 907 283 2230
Kenai Visitors and Convention Bureau, Inc.
News Release
FOR MORE INFORMATION CONTACT: Veronica Kessler
283-1991
For Immediate Release
November 21, 1995
Kenai Visitors and Cultural Center Wins Federal Grant
Kenai, 11 /21 /95-- The Kenai Visitors and Cultural Center has been
awarded a Museum Assessment Program grant by the Institute of Museum
Services. Through guided self -study and on -site consultation with a
museum professional, the grant will enable the Kenai Visitors and
Cultural Center to evaluate its current practices, establish priorities to
achieve professional standards, and plan how to best serve the community.
"We congratulate the Kenai Visitors and Cultural Center on the receipt of
this grant," said Ed Able, President and CEO of the American Association
of Museums the organization that develops and administers the grant, "and
wish them well as they begin this process of self -review and planning for
their future."
The Kenai Visitors and Cultural Center is located at the intersection of
Main Street and Spur Highway and specializes in the cultural and natural
history of the Kenai Peninsula, with emphasis on the Kenai area . It is
open weekdays from 8:30a.m. to 5:00p.m. and on weekends from 12:00 noon
P. O. Box 1991, Kenai, Alaska 99611 6 (907) 283-1991
NOV-28-95 TILE 10:24 AM KENAI VIS & CONV BUREAU FAX NO. 907 283 2230
P. 2/ 2
to 5:00p.m. Aside from the winter film series that the Kenai Visitors and
Cultural Center offers, two upcoming programs of interest to the
community are:
• Saturday afternoon, December 2 at 3:00pm Dr. "Jack" Frost will be
presenting Vitus Berg's Exiled tlon to Alaska (1741-1742) Dr.
Frost will share slides and his knowledge about this incredible voyage and
man.
- Friday evening, December 8 at 7:00p.m. Voices of Christmas
Past will give the community an opportunity to relive the joys and
frustrations of celebrating winter holidays on the Kenai Peninsula in the
early days.
The Museum Assessment Program is one of several programs offered by
the AAM to help museums and cultural centers actively improve their
programs and operations in order to achieve the highest standards of
quality and professionalism.
Division of Spill Prevention and Response
Contaminated Sites Remediation Program
Site Remediation Section
KENAI AREA OFFICE
28 November 95
Ms. Rachel Clerk, Engineering Technician
City of Kenai
210 Fidalgo, Suite 200
Kenai, Alaska 99611-7794
RE: Kewd Courthouse, Spill # 92-23-01-211-05
No Further Action
Dear Ms. Clark,
35390 K-Beach Road
Suite 11
Red Diamond Cantu
Soldotna, Alaska 99669
Phone: (907)262-5210
Fax: (907) 262-2294
The department has reviewed the final report and analytical results submitted by Glacier
Environmental Services, Inc., for the remediation of contaminated soils from Lots 10 - 12, Cook
Inlet Industrial Air Park #3 Subdivision. Based on the data submitted, no further action is required
on these soils.
If you have any questions or need further assistance, please feel free to contact me. I look forward
to working with you to complete the remediation of contaminated soils remaining on Lots 13 & 14
of this site.
Sincerely,
Don Seagren
Environmental Specialist
CC: Steve Miles, President, Glacier Environmental
Ron Klein
DEPARTMENT OF CORRECTIONS
November 28, 1995
VENDORS LIST: Community Residential Center (CRC) Services
Dear Vendors:
TONY KNOV
REPLY TO:
4500 DIPLOMACY DRIVE
ANCHORAGE. ALASKA 99508-5918
124��,3n z 4L
OE-C
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cN OF,
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The Department of Corrections, Division of Community Corrections, has released 1 new Request
For Proposals (RFPs) for Community Residential Center Services in the following areas:
buy
Kenai - (ASPS-96-0108) Up to twenty (20) service beds are required in the4k4tel Area
(17 regular and 3 per diem beds).
This RFP will secure the services of co-educational community residential centers and support
services to meet the security and residential needs of adult offenders in the above area. (Offers
of smaller than the total number of beds in each area are welcome; each proposal must have a
minimum percentage of "per diem" beds.) Service delivery is scheduled to begin April 15, 1996,
and end November 30, 1997.
Your name is currently listed on the Departmental Vendor list as a possible respondent for the
above specified services. The attached RFP contains the information which you will need to
prepare a proposal in response to the solicitation. Please note that proposals, to be responsive,
must be received by no later than 4:30 p.m. Monday, January 15, 1996.
I would like to thank you in advance for your review and consideration of this solicitation. Please
feel free to call the office (269-7344) for questions or copies of additional RFP's.
Since ly,
Lind Hoff
Con act Administrator
Divi ion of Administrative Services LMHg:/forms/rfperc1tr.f96
•e-vc!ed race c �.0.
DEPT. OF ENVIRONMENTAL CONSERVATION
Spill Prevention and Response
Storage Tank Program
410 Willoughby Ave., Suite 105
Juneau, AK 99801-1795
December 1, 1995
Mayor John Williams
City of Kenai
210 Fidalgo Street, Suite 200
Kenai, Alaska 99611-7794
RE: Kenai Airport
Leased lot for the Former Kenai Aviation Services Inc.
Dear Mayor Williams:
TONY KNOWLES,
Phone: (907) 465-5200
Fax: (907) 465-5218
�ti�2?455�&
On October 23, 1995, the Kenai Area Office of the Department of Environmental Conservation
received a letter from Kenai City Manager, Thomas Manninen, regarding two 12,000 gallon
underground fuel storage tank systems at the above referenced site. Mr. Manninen's letter stated
that these tanks had been pumped of their remaining contents. This letter also stated that the City
Council had not authorized further action be taken at this site. Additionally, we have received
and reviewed minutes from the October 19, 1995, City Council meeting, concerning this site. I
am writing this letter to briefly express the State's understanding on this matter and offer our
assistance as the site moves toward closure.
Departmental records indicate that the facility formerly known as Kenai Aviation Services,
registered four underground fuel storage tanks at their facility. This facility was located on a
leased lot belonging to the City of Kenai. Two of the registered tanks, 12, 000 gallons each, have
been pumped of their contents, according to Mr. Manninen's letter. The department is still
researching the possible presence of two additional smaller tanks on this lot. Tank registration
records indicate these tanks were installed in 1977 and ultimately taken out of service in 1988.
There is no information to indicate that proper closure of any of these tanks has occurred.
The State of Alaska has long recognized the public health threats associated with leaks from
USTs and has implemented regulations specific to them. As property owner, the City is
ultimately responsible for insuring these tank systems meet applicable requirements. Storage
Tank Program staff in our Kenai Area Office are available to assist with the interpretation and
application of the most recent November 3, 1995 version of these rules.
Mayor John Williams -2- December 1, 1995
Our assistance, at minimum, should include a briefing on the closure requirements for the tank
systems in question. For now, suffice to say that a certified tank worker is required to close a
tank system, and a qualified site assessor is required to perform a site assessment to confirm
whether contamination has resulted from the past operation of these systems.
Please contact me at 465-5200, or have City staff contact Monica English at 262-5210 for help in
this matter. From our discussions, I am confident that a plan and schedule for closure can be
developed that will fit into your overall facility work plan. I have made a note to check the
progress of this site in mid-december. I look forward to hearing from you.
Sincerely,
q4Jam F. Hayden
Storage Tanks Program Manager
JWlf (G:1IPP\LESLIEF\KEN.A]R)
cc: Monica English, Kenai, ADEC
Licer.
State of Alaska
Department of Revenue D `�
Charitable Gaming Division
P.O. Box 110440, Juneau, AK 99811-0440
AL Phone: (907)0465-2229
PULL -TAB VENDOR REGISTRATION
Authority: AS 05.15.060
Date Issued:
Fee: $50.00 Per Endorsement FOR DEPARTMENT USE ONLY
Submitted by Permittee via check made payable to: State of Alaska
I Name of Permittee Alaska Central Baseball League Permit No.: 1695
Mailing Address:
P 0 Box 318 Kenai AK 99611-0318
Member in Charge: Alternate Coral W Seymour Telephone Number: 2 8 3 - 4 2 71
License Year: ❑ New Application A:X Renewal ❑ Additional Fax Number: 2 8 3 - 3 3 9 0
Vendor Name: D & E Investments ` EIN or SSN: 9 2 - 015 2 9 2 4 S.I.C. Code:5 813
Business Name: R a in bow Bar Alaska Business License No.: 202190
Mailing Address: 502 South Main St Kenai , AK 99611 Liquor License No.:YM Beverage Dispensary Lic.: 1312
Location Address: 502 South Main St Kenai , AK 99611
❑ Package Store License:
'If your business has not been issued a federal employer identification number (EIN), you are required to provide your social security number so that the
Department of Revenue may administer the tax laws of Alaska. The information is used by the department for identification.
THESE QUESTIONS MUST BE ANSWERED
❑ YesXd No A. Have you ever been convicted of a felony, unclassified felony or a crime involving theft, dishonesty or a violation of gambling laws? If
yes describe.
❑ Yes)([A No B. Does a manufacturer, distributor, operator, or other vendor have a direct or indirect ownership interest in this vendorship? If yes,
describe.
C. Social Security Number: DateofBirth:
SIGNATURE This document must be signed by the vendor. A photocopied signature will not be accepted.
I declare under penalty of unswom falsification that I have examined this form, including any attachment, and that to the best of my knowledge and belief it is
true and complete. I understand that any false statement made on this document is punishable by law.
Sigma of Vendor
Title/J
Printed Name
Telephone No.
X
ti// i
Dianne Ireland
262-1036
SIGNATURE This document must be signed by the Member -in -Charge of games. A photocopied signature will not be accepted.
I declare under penalty of unswom falsification that I have examined this form, including any attachment, and that to the best of my knowledge and belief it is
true and complete. I understand that any false statement made on this document is punishable by law. I further declare that two copies of this document have
)een delivered to the nearest city or borough office for review.
SignatureofM r Ch Printed Name Data
X Coral W Seymour, Alternate 12-4-95
PROOF OF FILING. You must submit two copies of this document to the city or borough where the proposed gaming activities will occur. Proof of filing
must accompany this application. To speed processing, please have the appropriate local government official acknowledge receipt
of this application by signature below.
Signature of Local Government Official
Title/City
Date
Printed Name of Person Who Signed
TelephoneNo.
X
NOTICE: ANY FALSE STATEMENT MADE ON THIS DOCUMENT IS PUNISHABLE BY LAW.
04-0854 (Rev 9/95)
Valid Year 1996
State of Alaska
Department of Revenue
CHARITABLE GAMING DIVISION
P.O. Box 110440, Juneau, AK 99811-0440
Phone: (907) 465-2229
AGREEMENT FOR THE
VENDOR SALE OF PULL -TABS
AS 05.15.188(f)
I Date Issued: I
FOR DEPARTMENT USE ONLY
Pursuant to the provisions of AS 05.15.188, I/we, B . D . Ireland [Vendor],
owners of the Rainbow Bar ABC license # 1312
located at 502 S Main St Kenai AK 99611 , hereby
agree to sell pull -tabs as a vendor on behalf of the A k C e n t r a 1 Q a s e h a 11 L P a y3ivinittee],
Permit# 95-1695
It is further agreed that as compensation for expenses incurred in selling pull -tabs on behalf of the
Permittee, 30 percent of the ideal net of each game may be retained by the Vendor as
compensation. Permittee will receive at least seventy percent (70%) of the ideal net from each game
(AS 05.188(h)).
It is further agreed that an amount equal to the ideal net, less the compensation owed to the Vendor,
shall be paid by check by the Vendor to the Permittee upon delivery of a pull -tab series, in accordance
with AS 05.15.188(i).
It is further agreed that the Permittee will ensure pull -tab winners of fifty dollars or more will complete
the prize receipt forms; that the prize winner summary form will be completed for each pull -tab game
and retained with those winning pull -tabs (AS 05.15.187(i)); and that these records of pull -tab winners
will be retained for the required two years (AS 05.15.187(f)).
It is further agreed that it is the Permittee's responsibility to ensure gaming activity is conducted in
accordance with all applicable State statutes and regulations by the owner and employees of this vendor
location (AS 05.15.188(c)).
It is further agreed that if the vendor is no longer eligible to sell pull -tabs, then all unopened and opened
pull -tab games shall be returned to the permittee within 10 days. If the permittee loses the privilege to
conduct gaming activities, then all opened and unopened pull -tab games must be treated in accordance
with 15 AAC 160.490.
IN WITNESS WHEREOF, this Agreement is executed by the parties hereto at
Alas on the ff day of I% Lift, 19'11tP,�Ahdowd .
V Z41��
Owner Member -in -Charge
Owner
04-0855 (Rev. 10/94)
WATER QUALITY AND QUANTITY/DEVELOPMENT PROGRAM
The City of Kenai is requesting state assistance in the form of funding grants for our
Water System Improvements.
The problems with our present water system that these grants will help in solving:
1. Color. Our present water has a brown color caused by organic coloring, or
tannins.
2. Turbidily. Our present water has a high turbidity.
3. US EPA Regulations. Surface Water Treatment Rule for groundwater under the
direct influence of surface water may require a change in our present system.
4. Water Supply. We have a water supply problem during years of low rainfall. The
recent addition of the Thompson Park Subdivision (162 lots) requires an additional
water well.
5. Rre Safety and Water Pressure. The city water system study by Nelson &
Associates revealed four water line loops that are needed to alleviate dead ends
and provide better circulation, fire safety, and water pressure.
The funds would be used to:
a. Design and construct a new well house. We have drilled many exploratory wells
and have found a location between our existing well houses, to have excellent
water quality and quantity. We have completed drilling this production well no. 3.
b. Design and construct a new SCADA for all three wells, underground pump house,
with it's 3 million gallon tank, and possibly other data gathering points. This new
computer operated system will allow the city to have much better control of the
system. Our present system is over 20 years old and still relies on pressure/flow
mechanical switches. The new system will allow us to control the water from each
point as a system instead of individually.
C. Design and construct water line loops. This will help solve the problems listed in
#5 above.
WATER QUALITY AND QUANTITY/DEVELOPMENT PROGRAM
ROUGH FINANCIAL ANALYSIS
Rough Estimate - System Improvements Costs
1. Drill exploratory wells ................................. Completed
2. Water System Study (Nelson) ........................... Completed
3. Well Yield Study ..................................... Completed
4. Purchase/Lease Well Site KPB ................................. 0-
5. Production Well, development, test pumping (August, 1995) ....... Ongoing
6. Design and inspect new well house #3 (winter 1995/96) .......... 150,000
7. Design and inspect new SCADA for all three wells (winter 1995/96) ... 50,000
8. Construct new well house #3 (summer 1996) ................. 1,300,000
9. Construct new SCADA for all three wells (summer 1996) ......... 300,000
10. Design and construct water line loops (summer 1996) ........... 500,000
Total $2,300,000
Rough Estimate of Available Funds
a.
ADEC Sewer Interceptor
$ 238,476
(left over funds)
b.
ADEC Thompson Park Water & Sewer
425,000
(left over funds)
C.
Legislative Sewer Interceptor
58,705
(left over funds)
d.
Legislative Thompson Park Water & Sewer
241,800
(left over funds)
e.
Municipal Match (1995) (water well dev.)
165,327
(left over funds)
f.
Municipal Match (1996)
211,665
(water quality dev.)
Total
$1,340,973
SUMMARY
Estimate of Improvement Costs $2,300,000
Estimate of Available Funds 1,340,973
Funds Needed to Complete Project $ 959,027
PUBLIC WORKS DEPARTMENT
WATER AND SEWER GRANTS
EAST KENAI SEWER INTERCEPTOR
Sept. 1992 Leg. # 4/93-014 675,000
Sept 1992 ADEC 47543 850,000
City Water and Sewer 275,000
THOMPSON PARK WATER AND SEWER
Aug 1993 Leg. # 4/94-021 750,000
Aug 1993 ADEC 47544 1,350,000
City Water and Sewer 600,000
MUNICIPAL MATCHING GRANT
July 1994 Water Quality Development 95/587-4-001 211,665
June 1995 Water Quality Development 96/587-4-001 211,665
TELEMETRY SYSTEM
City Water and Sewer 223,400
WATER DEVELOPMENT (DRILLING $ TESTING)
City Water and Sewer 90,714
WATER SYSTEM STUDY (NELSON)
City Water and Sewer 19,780
SUMMARY
Leg.
$ 1,425,000
ADEC
2,200,000
Muni.
423,330
City
1,208,894
East Kenai Sewer Interceptor
11 /08/95
1791-1991
CITY OF KENAI .
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210 Fidalgo, Suite 200
Ke L.Alaska 99611-7794
Phone 907-283-7535
Fax 907-283-3014
Date /�- / / / S
Number of Pages
AGENDA
RENAI CITY COUNCIL - REGULAR MEETING
DECEMBER 6, 1995
7:00 P.M.
RENAI CITY COUNCIL CHAMBERS
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Bill Coghill - Mikunda Cottrell/City Financial
Statement and Audit.
2. Ron Rainey - LID Preliminary Request/Intervention with
the Habitat Divisions of Fish & Game and Parks for
Placing Structures Below Mean High Tide in the Kenai
River.
C. PUBLIC HEARINGS
1. Ordinance No. 1669-95 - Amending Kenai Municipal Code,
Chapter 8.05.010 to Adopt the Latest Editions of the
National Fire Codes and the Uniform Fire Code.
2. Resolution No. 95-73 - Transferring $2,500 in the
General Fund for Additional Money to Complete the
Repair and Replacement of Christmas Decoration
Transformers.
3. Resolution No. 95-74 - Authorizing the City Manager,
Thomas J. Manninen, to Submit to the State of Alaska an
Application for a Federal Grant for a Historical Public
Preservation Education Project for a Signage Project in
the Townsite Historic District and the Shkituk' Village
Site of Kenai, Alaska.
4. Resolution No. 95-75 - Transferring $8,000 in the
General Fund for Additional Miscellaneous and
Transportation Expenses in the City Manager Department.
5. Resolution No. 95-76 - Awarding the Bid for One Heavy -
Duty Ambulance to United Fire Service, Inc. for a Lump
Sum Amount of $127,513.00.
The public is invited to attend and participate.
Carol L. Freas
City Clerk
COUNCIL PACKET DISTRIBUTION
COUNCIL MEETING DATE:
Mayor and Council
Fire Department
Attorney Clerk /"'
/ City Manager
Police Department / Finance /
Senior Center Public Works
Library / Airport
Parks & Rec. /
AGENDA DISTRIBUTION
Borough Clerk
Assembly (3)
Public Wks. Sec.
Public Wks. Shop
Bldg. Maintenance_
Bldg. Official
Streets
Anchorage News
Dan Conetta, K_PB
Planning Dept.
Bulletin Board_
KSKA Radio
Chamber
HEA
Animal Con C
Dock (Seas n)
STP
Legal Sec
HEA
KSRM
Cen.Labor
ARCO
K. Woodford
J. La Shot
B. Springer /
Kim /
Clarion__
Commissions
Airport(LH)
Aging (LH)_
Library(LH)
Harbor(KW)
Pks & Rec.
(LH)
P&Z (LH)
DELIVER
Council Packets to Police Department Dispatch desk.
The Clarion picks their packet usually on Mondays. The portion of
the agenda published by the Clarion is faxed before 5:00 p.m.