HomeMy WebLinkAbout1996-07-03 Council PacketKenai City Council
Meeting Packet
July 3, 1996
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 3, 1996
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. Bunny Swan - Fair for Youth.
2. Sue and Frederick Duthweiler - Access to Mouth of Kenai
River/South Side.
C. PUBLIC HEARINGS
None scheduled.
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
a. Beautification Committee
b. Historic District Board
C. Challenger Steering Committee
d. Kenai Visitors & Convention Bureau Board
E. MINUTES
1. *Regular Meeting of June 19, 1996.
-1-
F. CORRESPONDENCE
G. OLD BUSINESS
1. Discussion - Extension of Water/Sewer Mains - Habitat
for Humanities/Habitat Acres.
2. Discussion/Approval Letter Giving Written Notice and
Reasons for Proposed Removal of City Manager.
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1705-96 Increasing Estimated Revenues
and Appropriations by $5,987 in the General Fund as a
Result of the Rural Community Fire Department Grant
Awarded to the Kenai Fire Department.
4. *Ordinance No. 1706-96 - Increasing Estimated Revenues
and Appropriations by $10,000 in the New Capital
Project Fund for a Phase I Environmental Assessment of
the Airport Jet Fuel Facility.
5. *Ordinance No. 1707-96 - Increasing Estimated Revenues
and Appropriations by $10,000 in an Existing Capital
Project Fund or Additional Drilling and Environmental
Testing at the City Maintenance Shop.
6. Approval - Assignment of lease/Lot 9, Block 1, Cook
Inlet Industrial Air Park from Harry 0. Johnson, III
and Diane H. Johnson to Harry 0. Johnson, III, Diane H.
Johnson, Ronald G. Bridge and Marilyn J. Bridge.
EXECUTIVE, SESSION - None scheduled.
I. ADMINISTRATION REPORTS
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
Finance Director
6.
Public Works Director
7.
Airport Manager
-2-
J. DISCUSSION
1. Citizens (five minutes)
2. Council
R. ADJOURNMENT
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SIGN IN SHEET
PUBLIC HEARING— 1996
NAME
ADDRESS
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7�A likk"
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U I V, 996
Kenai City Council
1 -)
� �,O Hidalgo Ave.
Kenai, Ak. 9961 1
Artworks Alaska and Swan's Nest propose a Music and Food Fair to be held
at Kenai's Ball Park, the .-,econd week of August 1997.
At this time we are in the planning stages of this event and are hoping for
your support. There
There are details to be discussed and coordinated. We
appreciate your time and effDr -ts and look forward to a good working
r elat,onship.
S; ricer e 1 y,
q-dnny Swn Gease
Artworks Alaska
PO Box 1897
Kenai, Ak.
2 8 3,- 8 Tl 7
Rusty Swan
Swan's Nest Restuarant
HC2 Box 792L
Soldotna, Ak,99669
283-9365
SUE. A. AND FREDERICK C. DUTHWEILER
37675 Cannery Road
AtInai, Alaska 99611-8716
Phon-: (90') 83-22,6 Fax: (907) 283-2896
June 27, 1996
City of Kenai
210 t=idalgu street, Suite "00
iienai, ylaska 99611- 7 "r 94
Re: City "uuni-il Actions Taken May 1, 1996
Regarding A(-cess to the Mouth of Kenai River
To Whom It "lay Ccncerrr:
RECEIVED
,JJ N 2 7 1996
KENAI CITY CLE K
We, have just ie,arned o.' City of Kenai actions which significantly limit
vehicular access U, the tr_outli of the Kenai River. although discussions of
the meeting, as reported in the minutes, suggest that the action was m-
tended to protect "grass areas of the dunes above the mean high tide
lines', the-ictiori as taken goes much further. As implemented,1-he land
use action severely restricts access to this popular site. access along
the higher portion of this beach (of course excluding grassy areas) is
G.radAional, with rights o" vehicular passage g'randfathered over more than
twenL� years.
If 0 were the CiLy'S intent to protect, grassy areas, action would have
been taken glace sig_is parallel to the shoreline about ten fret from
. egetated areas. This compromise would have maintained established access
ki the river without affecting beach grass stands.
It is_ im erati,_e LhaL the City rescind its actions and remove these sins
until such time as a safe and workable solution can be developed.
We have a [[umber of practical and procedural problems with Lhis a(--tiorr.
They .,an be summarized .is follows:
i. (lack ref Clarity k)f CitY_ .Action: although discussions reported iri the
May 1 City CG_)uncil Meeting indicate that the intent is not to close
beach access, the fact is that reasonable access is denied to vehicu-
lar, Lraffic. `"his prohibitiori is not supported by the facts of the
situation. The signs- have been placed far seaward from where the,
should l)e to I:rolect grass" dunes.
June _,, 1996
pag(' T'nit)
?. increased Risk: This �rction serves Lo transfer vehicular traffic from
relaLivell,, flat beach bind to considerably steeper sandy areas. IL
<-Ilso prohibits ali high -tide access. Not only is the risk (A' gettinE;
stuck in the sand greater farther seaward, but the environmental risks
nsso(�iated w ith 1 hest- i.rcidenLs are far greater. Should a vehicle be
stuck iri the s-And during an incoming tide, the vehicle may be
_)verturned by the a.A)r•oaching tidewaters and gasoline arid lubr icatrL:;
spilled inl,) Lh(> waters of Cook Inlet.
;hhhprop(�rl._Placed Si;'rrs: The most shoreward of the signs has been
placed ery ( lose to the low 'high Lide mark. A more appropriate
ocaLion Le Len to twenty feet seaward of the grasslands.
got in ru,,, Bacic�ard: it shifts beach access and erosion problems fro, �-
he e 3orc,ogh. Testinh(,,rhy irr the minutes suggests tliaL the.
teach db_,rnaLiv,� a,. ('etecea be uLilized as an alternative. This
ser.'es �nl� iive:•i_ z. ehicles onto the beach at a more souther'%
��ntrarrce. These ehicles will proceed northerly along the shoreline
)n15 Lo rind their passage blocked aL the city boundary. On incoming
:,ides Llierr may riot t,e sufficient space to turn around.
Further, erosion related to vehicle damage is related directly Lo the
number f vehicle miles traveled along the beach. Diverting traffic
o a bea(:i, access peint farther from the mouth of the river increases
trosiori along an extended stretch of beach. Impacts to the beach are
ncreased, not minimi2ed, when miles of travel increase.
'loses R ht-by-i se access Road: I- se of this access has been grand -
fathered (_� � er ',irne. -he City does not have authority to close it.
6. Parking area not Provided as an _alternative: to provision Las been
;nade for i)edest.t ian access to the mouth of the river. Parking is
presently drohibit.ed :rear the posted area.
Should the signs remain as they are now, the City should take acti,)n
to grade the section line easement to its 66-foot wide extent to
provide angle )arking near the beach entrance.
7. Beach Ctassified: Testimony supporting Lhis action is
�crone��us. ':n his testimony, Steve Perrizo is paraphrased as
describing the beach area as steep. I believe that had members of the
Coun(il (; isded !,he site all of them would have described it, as
het.rtitel� fl<rto
CiLy of Kenai
,June 27, 1996
Page Three
8. t;ity Failed_ to Provide adequate Public Notice: Notice of this land
use action as noL given Lo the Kenai Peninsula Borough or the neigh-
bors imrnediaLei;, Lo the south. Although the neighboring property is
outside Lhe ity limits, the City had an obligation to give notice
hecause ti) is cA-Lic'rr has a serious and long term impact on neighboring
property. Had his action been covered by Section 14 of Lhe City
Code, iiotifi(�auon -ould have been required. In this case, .he City
may have nieL Lhe leLLer of the law, but Lhe action did riot meet. its
spirit.
Furthermore, losures of reasonable access to popular fishery sites
such as Lhe ui,)uLh of the Kenai River where individuals participate in
both spori s arid per�-:onal use fishing impacL a far greater area Lhan
Just, inside Lhe is ir, o' Kenai.
9. 'tio_AlLerriaLives Were Considered: It is extraordinarily short -sited )n
the part 4 Ltie City of Kenai to arbitrarily close such a popular area
without c)nsidering options such as posting signs parallel to Lire
beach whi(:h restricted traffic within Len or- fifteen feet of existing
vegetation.
A good and feasible alternative to this closure would be to develop an
access road from the northerly end of Bowpicker, across the weLland,
to Lhe mouth of the river where some parking could be provided.
Viewing sites (_ould b,2 consLructed along the way where families might
observe .,aterfowl. At the river, visitors could fish, whale watch,
,and obser,.r, reLurning fishing boats. This alternative supports the
iLy's goal of 1.=ecomin;, a good host Lo tourists.
We are deeply .vn�,erned about the City's poorly considered action in this
matter. The iecisions iiade by the City Council will have a significant
and 1vng-1asL,n,2 impact on my property immediately outside the city
limits.
We l.ouid like f-o �,ork with you to develop a reasonable solution to this
problem which will protect my property as well as that of my neighbors.
Sue .s a retiree planner. She has spent many years working
with ')Late and Federal «gericies to obtain permits Lo construct develop-
ments in weLland areas. Her work has involved planning site layouts in a
manner LhaL minimizes potential impacts Lo sensitive areas. Her expertise
Could be of clue _( th'� t;iLy in planning and permitting an imporLarit
iecral,iunai �i.e the iiuuth of the lieriai River-. Should Lhe City he
City of Kenai
June 27, 1996
Page FOUL.
L.
willing to ,,ornmit to such a development on its land, she would be Happy to
�_ontribute her professional Lime.
Fred is a Professiuridl Engineer who also has local development experience,
Together, We believe _hat a Kenai River access and use enhancement proje(_
would benefil, I enai residents and businesses as well as other Alaskans and
I
ourists.
We also belie,„ I.hat Such a project can and should receive funding from a
wide variety J iirdi.iduals, agencies, and special interest groups. This
area is important to c,iore people than Kenai City residents.
Please give us a cell to discuss our concerns.
Sincerely,
,z �14AI��_
Sue A. Duthweiler
Frederick C. Duthweiler, P.E.
cc: Acting Kenai Cii,y Manager Don Morrison
City of Kenai Planning Department
Kenai Peninsula Mayor Don Gilman
Kenai Peninsula Pla;lning Director Lisa Parker
Kenai Peninsula Clarion
Jeff Jefferson
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CLF -
KENAI CITY COUNCIL MEETING
MAY 1, 1996
"TO DO" LIST
Have Resolution No. 96-31 (photocopy price) amended to $.25 per copy.
Have Resolution No. 96-33 amended transferring the same amount of
money from Shop - Operating Supplies instead of Non -Departmental
Contingency.
Have Resolution No. 96-36 amended transferring the same amount of
money from Streets, Machinery & Equipment instead of Other -
Contingency.
TM/ADMIN - Remind contractor who has equipment and materials stored by Dust
Bowl of the oral agreement to gravel the area.
KK - Dune Protection - North Side
1/ 1. Place logs along Kenai Avenue to block off the dunes and the
parking areas.
(kk 2. Place a gate at start of Kenai Avenue with fail/safe lock.
3. Make key available for Kenai Avenue private property owners to get
to their property if they ask (they have to show proof of ownership).
4. Place signs "Road closed between July 1 through August 31).
Dune Protection - South Side
Place four or five signs along mean high tide line stating, "No
vehicular traffic above mean high tide water mark." (Mr. Perrizo
vzs will mark where the signs should be placed.)
vy�b 2. Place a "Dead end -- No turnaround" sign on Perrizo property.
\ / Recommend to Mr. O'Neil that he place a water meter on his building. Be
sure there will be a dedicated easement prior to in -lieu assessment paying
and water/sewer hook-up permit is issued.
tlapy Place signs on city lots on Evergreen stating, "For Sale, $11,000,
water/sewer included. Call 283-7530."
\ ( Submit questionnaire to Alaska Clean Water Fund for possible future loan
funding for STP expansion.
Page 1 of 2
06-21-1996 ':020Ar1 F TO 28330l-
RECEIVED
JJN 2 11996 CITY OF KENA T'- 2
hCiTY CELALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
FAX 907-283-3014
- = CITY OF KENAI 1 I I
BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT
TO COMMITTEES AND COMMISSIONS
DATE: a _
NAME: _ &ESE-LL fl 1..: e-4/,
Resident of the City of Kenai? �1 e� Hoer long? C's
Residence Address 4 4 4 &cLU �
Mailing Address PC) . Ct Z-('jl - KeIYA I � qk" Telephone No. $ '�
Business Address tOV-)Telephone No.
EMPLOYER: • en+ram ((A Dw�ty) GLK Le�
Job Title
NAME OF SPOUSE:
U , lh a,m -J - 60 " v
current
membership
in organisations:
NWL
A5,sAj 4 (- FF
lr►C�� � �- c l U�2S
Past organizational memberships:
�a+�o i t� f I (gin a, rr �� r �% -� < < P11Lj
COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED:
9T
WRY
�D,O� , 'lOU WANT TlO ! BE INVOLVED WITH THIS COMMISSION OR COMMITTEE?
00
Sigbature
TOTAL P.02
i
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
June 26, 1996, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: June 12, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ96-48—Preliminary Plat —Kenai Townsite, Old Town Village Subdivision
6. PUBLIC HEARINGS:
k' a. PZ96-42—Conditional Use Permit —Surface Extraction of Natural Resources
r� (Gravel)—W '/ . NW '/ , S10, Lying North of Beaver Loop within T5N, R11W
b. PZ96-45—Conditional Use Permit (Nightly Rental of 4-plex)—Lot 3, Ryan
S14��11} 6ubdivision, 309 James Street
7. NEW BUSINESS:
a. PZ96-46—Home Occupation Permit, Gunsmith Services —Lots 2-6, 31-36, Carl F.
AIstrom Subdivision, 2707 �Vlldwood Drive #32
. PZ96-47—Home Occupation Permit, Roofing Business —Lot 3. Knudson
Subdivision, 309 Birch Street
S. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission Page 2
Agenda .June 26, 1996
12. INFORMATION ITEMS:
a. Kenai River Special :Management Area Advisory Board 'Minutes of May 9, 1996
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**MINUTES**
June 26, 1996
1, ROLL CALL:
UNAPPROVED
Members present: Carl Glick, Teresa Werner-Quade, Ron Goecke, John Booth.
Kevin Walker
Members absent: Phil Bryson. Karen Mahurin
Others present: Councilman Hal Smalley, City Engineer Jack La Shot,
Administrative Assistant Marilyn Kebschull
2. APPROVAL OF AGENDA:
GLICK MOVED FOR APPROVAL OF THE AGENDA AND ASKED FOR
UNANIMOUS CONSENT. MOTION SECONDED BY GOECKE.
Walker asked if anyone opposed unanimous consent. No one opposed. AGENDA
APPROVED.
3. APPROVAL OF MINUTES: June 12, 1996
GLICK MOVED FOR APPROVAL OF THE MINUTES OF JUNE 12, 1996 AND
ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BOOTH.
Walker asked if anyone opposed unanimous consent. No one opposed. MINUTES
APPROVED.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ96-48—Preliminar-,, Plat —Kenai Townsite, Old Town Village Subdivision
GOECKE RECOMMENDED APPROVAL OF PZ96-48 PRELIMINARY PLAT,
KENAI TOWNSITE. MOTION SECONDED BY GLICK.
Walker asked for additional staff comments. None offered.
Walker asked if anyone in the public wished to speak to this item. No comment
received.
Planning & Zoning Commission
Minutes
Page 2
June 26, 1996
Item brought back to the Commission for discussion. No discussion.
VOTE:
GLICK YES WERNER-QUADE YES
GOECKE YES BOOTH YES
WALKER YES
ITEM PASSED.
6. PUBLIC HEARINGS:
a. PZ96-42—Conditional Use Permit —Surface Extraction of Natural Resources
(Gravel)--W 1, N-W 1 SIG, Lying North of Beaver Loop within T5N, R11W
GOECKE RECOMMENDED APPROVAL OF PZ9642, CONDITIONAL USE
PERMIT. MOTION SECONDED BY WERNER-QUADE.
Walker asked for additional staff comment. La Shot stated nothing additional_ Walker
noted that on La Shots recommendation it said "no formal action is required, request
additional information if needed." La Shot stated that this staff report was from the
last meeting so action will, be required. La Shot noted this is a public hearing. Walker
noted he would mark that section out on his page.
PUBLIC HEARING OPENED.
No comment received. PUBLIC HEARING CLOSED.
Item brought back to the Commission.
Councilman Smalley asked if a Ccnditional Use Permit could be issued to an individual
that is not the property owner. La Shot noted this would be contingent upon him
becoming the property, owner and the owner of record has sent documentation that she
does not: oppose this permit. La Shot commented that the city attorney had reviewed
this application.
Goecke stated that this will all be coming to fruition shortly as the property has been
listed by the Court for sale to try to clear the matter,
VOTE:
WERNER-QUADE YES GOECKE YES
BOOTH YES GLICK YES
WALKER YES
ITEM PASSED.
Planning & Zoning Commission
Minutes
Page 3
June 26, 1996
b. PZ96-45—Conditional T_ se Permit (Nightly Rental of 4-plex)—Lot 3, Ryan
Subdivision, 309 James Street
GOECKE RECOMMENDED APPROVAL OF PZ96-45, CONDITIONAL USE
PERMIT. MOTION SECONDED BY BOOTH.
Walker asked for additional staff ,.,omment. La Shot stated that he would request the
Commission consider his recommendation that the dwelling be completed to meet the
definition of a multi -family dwelling. La Shot stated that right now it is actually four
separate dwellings. La Shot stated he believed the intent was to tie it together into one
structure.
PUBLIC HEARING OPENED.
JOE LEE. 1109 KAKNU WAY, KENAI—Mr. Lee handed out copies of a petition with
an attached sheet containing photographs to the Commission members. Lee advised he
had provided a petition that had been circulated in regards to the development in
question. Lee advised there had been no coercion when obtaining the signatures adding
that a lot of people didn't even know where James Street was. Lee stated that James
Street is a dead end street off Kaknu and it is not maintained. Lee added the city does
not plow it, or do anything to the street. Lee stated it is his feeling that this will bring a
lot of heave traffic. Lee stated it was his understanding that he originally planned to
build these cabins and then move them to another location. Then, he decided to locate
them there. Then, he decided to make them a four plex. Lee stated it is his
understanding that he wants to make it a four plex by a breeze way. Lee stated he was
wondering what the Commission or the Planning Department would require for
minimum standards. Lee stated if you look at the pictures he provided it is difficult to
tie the four cabins together with a breeze way. Instead, you will have a covered
walkway and in no wav does that make a four plex, Lee noted that was his opinion. Lee
stated they don't have police patrolling the street. Lee advised he owns three houses on
James, one of which is on Kaknu and James. Lee stated that was his residence. The
other two are in the state of remodeling. Lee stated that when he first bought and
moved. these houses there, Lee stated he was told he could put two houses on one lot
Lee said he didn't even consider that because he was planning to live in the
neighborhood. Lee commented that he thought if you were going to live in the
neighborhood you need to be compassionate of what the neighborhood will be. Lee
stated he knew they were by no means a Woodland, Redoubt, or Inlet Subdivision
adding that they might be across the tracks from there. Nevertheless, Lee stated that
everybody he knows is proud of their property. Lee stated he doesn't see how this could
be conducive to a good family neighborhood at all. Lee commented that the applicant
stated he would run a tight ship adding that he felt it would be difficult to run a tight
ship when he lives across town. Lee stated he will probably think of a lot of reasons
when he gets home as objections to this. Lee added that the petition points out some of
these. Lee stated he believed that in the code he read that development like this cannot
he adversarial to the neiLhborholA. Lee stated he would hope that Mr. Richmond
Planning & Zoning Commission Page 4
Minutes June 26, 1996
would go back to his original plan and move those cabins to a different type of place
that would be better suited adding that he felt it would be advantageous for him too
because he will not get the traffic that he needs to rent these out as an overnight type of
location. Lee stated it would even be hard to direct people who were looking for the
place by signs to get to the location. Lee stated he wished the Commission would look
at the location. Lee stated he respectfully requested that he go to Plan A and that is to
move them to another location.
IVA LEE WALL, 305 LINWOOD LANE, KENAI—Wall stated she objects to the
equivalent of a motor court in the midst of a residential community. Wall stated the
occupants would naturally be transients renting by the night with no resident manager
to monitor and maintain some sort of order. Wall noted that there are no police driving
by on a regular basis adding that it seems to her it would pose a problem in the
neighborhood. Wall stated that since it is on the equivalent of a one -lane driveway,
dead end street, what signs will be necessary to be posted up all over on the Spur Road.
Tinker, Linwood. K.aknu, wherever to direct people? Wall stated she couldn't think that
would enhance the neighborhood that much by having numerous street signs. Wall
stated she understood that he owns the lot next to this lot. Wall asked that if this
permit is granted next year will you have four more cabins on the next lot or across the
street or whatever commenting it would be quite a motor court in there. Wall stated as
she understands it these buildings do not qualify as a four plea nor as a bed and
breakfast. Lee stated she wonders what else is not quite up to snuff. Wall stated the
submittal of plans do not contain dimensions so how are you supposed to know the
cabins are 14 by 16 which is a little more than half of her one car garage. Wall asked
what kind of people will rent that small a place even during the winter much less
during the transient summer. Wall noted she has three vacant lots across from her on
Linwood Lane. Wall commented that if this permit is granted, what is to prevent
someone from buying those three lots across the street and putting four cabins on each
one and having another motor court across the street. Wall stated it seems to her that
by granting this permit, you are letting the camels head in and. you don't know what
will follow once the precedence is set. Wall stated that took care of what she had to say.
RICHARD REDFORD. 1113 KAKNU WAY, KENAI—Redford stated they live on the
corner of Kaknu and Linwood. Redford stated he wanted to say that he agrees
completely that to him these cabins do not closely qualify, adding he does not know the
legal definition, but to him they do not come close to being a four plex. Redford noted
they are totally separate units. Redford stated it would bother him if this was
approved now as there is the lots that are across from Joe Lee's place which is right
next to the lot which is trying to get approved right now. Redford stated if this is
approved, then maybe next year that will be approved. :also, across from Linwood there
are three lots across from t iem on Linwood. If this is approved this year, maybe next
year those three lots will be facing the same thing. Redford stated there are four plexes
in their neighborhood but. they are totally different from what is trying to be put
through here. Redford stated he wanted to give further strength noting he disagrees
with the request and that he hopes this is not approved.
Planning & Zoning Commission Page 5
Minutes June 26, 1996
ADAM SIMONS, HC01 BOX 3925A, KENA1—Simons noted he was partners with
Bill Richmond. Simons stated he moved to the area about ten rears ago in 1985 noting
he was 20 years old at the time. Simons stated he was a drywaller and sheetrocker and
had made it through the lean times. Simons stated that six years ago he had started
his own business and has learned a lot adding that he is not making a whole lot of
money. Simons stated he has a pretty good reputation in the area and has done
hundreds of homes and has worked hard to maintain quality. Simons commented that
these cabins are really sharp looking. Simons noted he calls them cabins but they will
be joined together and technically- will be a four plex. Simons stated that a couple
people mentioned that it will be no where near what a four plex would be adding that it
will not take much more to meet the definition of a four plex. Simons stated that as far
as transient motorcades. Simons commented that is quite a doomsday scenario. Simons
stated they haven't planned on renting them by the day and having a full booking or
anything like that. Simons stated there wouldn't be any more traffic. Simons stated
they are close to having a four plex adding they are economically committed right now.
Simons noted they are going to have to get them done and rent them out by the month
for sure. Simons commented that if everybody got together and had a disagreement
they might be able to get it not tc happen. Simons stated that as it is they have to rent
them as far as they are concerned. Simons stated it might be a little early to try to get
the Conditional Use Permit as there hasn't been a lot of construction in that are for
quite some time. Simon noted that everybody is used to no construction going on
adding that the town is growing and sooner or later those lots will be filled in. Simons
noted that the street is zoned to go all the way through and eventually it will not be a
dead end. Simons commented that as far as transients and low standard of people
being around there, with the computer you can communicate with people all over the
country and all over the world. Simons stated that the people who will be renting by
the night fly up from who knows where, they rent a car, they get guide services, pay
with credit cards. Simons stated as far as he knows right now that in July and the end
of August more people would come up and spend their money and enjoy the recreational
aspects the peninsula provides. Simons stated these people are actually high quality
people and people like that respect residential roads. Simons stated it was his
experience that they were good people who manage to have their lives together enough
to come up and enjoy. Simons stated as far as the size of the units and the way they are
set. up, it is a lot more appealing than just a block building and a regular four plex.
Simons stated they have beautiful siding, they are in the process of getting the
landscaping done. Simons noted they are under construction and it is kind of a mess
adding it is noisy and may have built up some animosity for now with the neighbors.
Simons added that he didn't see where anybody would save any grief by having the
daily rentals in the summer. In contrary, if we were able to make the money in the
summer, they wouldn't be pressed to rent the places in the winter at all. Simons stated
there are more expenses in the winter for heating costs. Simons commented it is a
hassle to rent to people on a monthly basis adding that it won't be high rent as they are
small places. Simons commented that the insides will be excellent looking not like a
railroad car. Simons stated if they do rent them out by the day, there will be a care
taker showing up at least once a day. Simons stated that quite the contrary to high
duality renters that if they got good money in the summer, they wouldn't be so pressed
Planning & Zoning Commission Page 6
Minutes June 26, 1996
to find renters in the winter. Simons stated this is a fantastic amount of money for the
high quality of materials that is going into the place and they don't want anybody in
there that will be drinking beer or up late at night or breaking the doors off the hinges
or anything like that. Simons stated they want to be able to afford to be picky about
who if anybody lives there in the winter. Simons stated that as far as the motorcade, if
then did rent them out in the summer, chances are they will not be fully booked.
Simons stated there will he actually less traffic then if people live there who have to
leave there anvway. Simons stated that as far as the signs on the street, if they were
able to put signs on the street it has to be ascetically correct and a highway department
made sign. Simons noted similar to some of the others in the area.
Werner-Quade stated that on the plans submittal she didn't see the plans for sewer.
Simons stated. it is hooked up to city sewer. 'Verner-Quade asked if each unit would
have it's own bathroom. Simons stated that each unit has it's own bathroom and is
hooked to city sewer and water. Simons noted that originally they had planned to do
their own sewer and water but it was economically easier to hook up to city sewer and
water noting his partner has equipment. Werner-Quade asked if they have one city
sewer and water bill at $41 or do you have four. Simons stated they haven't received
anv bills from the cite yet La Shot stated it will be based on a four plex and he is not
sure what the rate is, Werner-Quade questioned if it was a four plex then? La Shot
stated it will not receive a certificate of occupancy until it meets that definition.
Werner-Quade asked if they would then have one city sewer and water bill at $41. La
Shot stated he thought the four plex bill was higher than noting it was a flat rate but
unsure of the rate.
Glick asked what kind of foundations were under the units questioning if they were
permanent type. Glick also asked if the walkways would have permanent foundations.
Simons stated they are still under construction adding there are several ways they can
go to comply with the definition of a four plex. Simons commented that they want to do
whatever looks best and still makes them comply.
Mr. Richmond began answering from the floor and was asked by Chairman Walker to
approach the podium so he could be heard.
BILL RICHMOND, P.O. BOX 3152, KENAI—Richmond stated he was the actual
owner. Richmond stated he had started this project last winter adding that he works
construction. and there was nothing else to do in the middle of the winter. Richmond
noted that as time went, on they decided it was financially too much of a burden to do
anything but what they could do on that lot this year. Richmond stated that as far as
expanding to the next lot over, he has residential plans for the next lot for a spec house.
Richmond stated that. James Street, as was mentioned, is very poorly maintained. It is
not maintained by the city. Richmond stated he has a backhoe and he back blades it
every once in a while so they can drive up and down it. Richmond stated that when he
first bought the lot, there was barely room enough to turn around in front of the last
house on the street. Richmond stated that one of the first he did was to put a storage
shed there to store some things and that was the first obstacle he came against.
Planning & Zoning Commission Page 7
Minutes June 26, 1996
Richmond stated he almost instantly had one of his very fine neighbors seeing if the
building needed a building permit. Richmond stated it has kind of been a battle like
that ever since. Richmond stated he tries the best he can to make a nice product.
Richmond stated the thing that has him scared is the guy who wants to rent in the
winter time, he is the guy you have to watch out for. Richmond stated he is the guy
who lives around here, knows he lives around, thinks it is his neighborhood, and he is
going to do what he wants Richmond stated he thinks the person you will have the
least amount of trouble with will be the person who is on vacation in the summertime.
Those people are on vacation and rent everything with credit cards so they are very
careful with their rental cars and the places they stay. Richmond stated he could see
there will be some more traffic other than norm on the road noting there will be a maid
service as well as he will be checking on it daily. Richmond stated he has a tremendous
amount of money- invested in this project. Richmond stated his intention was to have it
end up like this. Richmond stated he had every intention to move them somewhere else
but one financial turn took another and he injured his back and $13,000 later here we
are. Richmond stated he will do his best to maintain these and his best to keep quality
people in them. Richmond stated the breezeway will be a permanent installation built
to withstand wind, and loads adding he has every intention of putting it in on a
concrete foundation or blocks. Richmond added that it is still being designed but will be
built to a high quality standard noting he has so much money invested.
Walker, from looking at the photograph, asked if this was a photograph of the four
structures. Walker stated his question was how would Richmond go about connecting
the four and making them into a four plex. Richmond stated that three of the four sit in
a perfect line. The breezeway will carry down across the front, there will be a shed
hooked to each door, and a covered breezeway all the way across. Richmond stated that
where the dump truck is parked, noting it looked like a recent picture, will be the
parking, Richmond stated he hasn't decided yet if he can put a covered parking in there
noting that is up in the air at this point. Richmond stated you will pull up and there
will be two sidewalks, either gravel or concrete, one on either side going to the
breezeway. Richmond stated there will be one way into the buildings and no more than
two ways out of the breezeway. They were built like this so people will have a sense of
privacy. Richmond commented that he didn't know if they had every lived in a duplex
but some of them you can hear your next door neighbor going to the bathroom.
Richmond commented that is not what he considers comfortable standards. Richmond
stated he sees a lot of names on the petition and asked the audience if everyone had
signed it?
Walker asked Richmond the lot size. Richmond stated the lot sizes are 98 by 133.
Walker clarified that he has four cabins on a lot 98 by 133. Richmond stated the
building are 10 feet Y4 inch apart adding they are well inside the property lines all the
way around. Walker asked the building size and Richmond stated they are 14 by 16
feet
PUBLIC HEARING CLOSED.
Planning & Zoning Commission Page 8
Minutes June 26, 1996
Goecke commented that the Commission approved a similar conditional use on
Riverside last year noting that he doesn't see a problem with this one. Goecke asked
wondered why the city has a street that is not maintained? La Shot advised it is an
older subdivision that has a dedicated right of way for years and it has never been
brought up to the standards. Goecke stated then that theoretically it is not even a
street. La Shot confirmed that it is a dedicated right of way but not a street.
Glick asked La Shot is sewer and water runs down James Street. La Shot stated the
owner acquired easements from a neighbor to run it across one lot adding that the city
normally allows that sort of thing
La Shot noted there is one other option. La Shot stated the owner has stated he wants
to make the four buildings into one to call it a four plex and then have the option of
renting by the night during the summer. La Shot stated he could have applied for a
Conditional IT Permit to have the cabins. At this point, the code doesn't allow having
more than one principle structure on the lot unless you have the same size
requirements as if there were four lots, one for each structure. La Shot stated that the
permit that was issued last year for the cabins on Riverview initially asked for the
cabin rentals. La Shot stated the same situation could happen here. That would
require Mr. Richmond to modify his request and do it again. in order to allow the public
a chance for input
Walker stated he had one question on Mr. La Shot's comments. Walker stated as he
understands it that in the RS zone that is not listed as a use conditional or otherwise
for cabin rentals. La Shot stated that could be true but the city has many times issued
or heard applications for conditional uses where they were not listed in the table.
Smalley stated he had a comment on the Conditional Use Permit application in the
packet signed by the application. On the first item he wrote it is required for the
proposed development as described Bed and Breakfast. Smallev noted it does not
qualify for a. bed and breakfast as that is in a residential dwelling of no more than 30
percent may be used for the bed and breakfast where the resident has to live on site.
Smalley stated the application will most likely need to be modified to delete that
because it doesn't qualiffi-.
Werner-Quade stated that somehow this reminded her of the Vozar property where
something got put ahead of something else so that things are not in order. Werner-
Quade added her mind is not functioning in a logical order. In other words, how did
these four units meet approval to go on this small lot. Werner-Quade asked if they had
said they were going to be four separate units or that they were going to be one unit.
La Shot stated he thought the owner could best answer this adding that he thought
originally he planned to build the cabins there and then move them. Then, his plans
changed. La Shot asked Richmond to correct him if he was wrong.
Richmond, speaking from the audience and unclear, stated he started out and then the
financial crunches came. Inaudible. Richmond stated he had filled out his form using
Planning & Zoning Commission Page 9
Minutes June 26, 1996
Diane's as an example adding that he put down bed and breakfast because that is what
she had put down.
Goecke asked if anyone remember what her conditional. use was for? La Shot stated he
believed it was for cabin rentals clarifying that Goecke was asking about the Riverview
permit;. La Shot noted that she has another structure attached to that development
stating he wasn't sure but that she could be serving meals in that structure, the Old
Miller House. La Shot stated these cabins don't have another structure adding that he
doesn't think Richmond intends to serve breakfasts in any of the units. Goecke stated
he understood that adding that he wished he would have dug up the minutes from that
meeting. Goecke stated he was thinking that the Commission did something at that
meeting to change the permit. La Shot stated he couldn't clarify that without doing
research.
Werner-Quade commented she felt they would be unable to vote on this until taking the
advice of hfr. Smalley and somehow amended the bed and breakfast clause.
La. Shot stated he didn't think the wording bed and breakfast can stay on there adding
he doesn't think the building would meet that requirement. La Shot stated he thought
the owner's intention at this point is to rent a four plex by the night during the summer
months adding that, is probably the application before the Commission. La Shot stated
he threw in the question of cabins in case he did want to consider applying for a
different permit to have cabin rentals.
Walker noted that the actual Conditional Use Permit that he is looking at in the packet
that the Commission is considering lists the use as nightly rental of a four plex units
from June 1 to September 1 of each year. Walker added that it doesn't mention
anything about a bed and breakfast.
Werner-Quade stated she would like to add to that noting she sees three different
names for this adding that she is trying not to be offensive noting her feelings for the
applicant. 'Verner-Quade stated she wanted to grant his need. Werner-Quade stated
that on the first page of 6b it says Conditional Use Permit for nightly rental of a four
plex unit. The next page states applicant wishes to rent his multi -family unit. The
next page says nightly rental of four plex unit. Richmond asked what he had did from
the audience and Werner-Quade advised she didn't feel he had done any of these.
Werner-Quade stated this leaves her wondering and maybe that is why she is confused.
Walker stated that perhaps action on this should be postponed until some of these items
could be decided or until there is enough information available on the design of what
this would look like as a four plex. Werner-Quade stated correct and they need the bed
and breakfast thing out of there and need to know how it will be developed, perhaps a
site plan review. Werner-Quade stated at this point she feels like abstaining adding
she doesn't feel she is tracking here. Werner-Quade added she hates to deny the man
which is what is going to happen if they go through with the vote.
Planning & Zoning Commission Page 10
Minutes June 26, 1996
Mr. Lee asked if he could speak to the Commission and Mr. Walker allowed it. Lee
stated he is not a mean old fellow adding he is very compassionate about Bill's
dilemma. Lee stated he is an old man and has been down that road two or three times
and has been bankrupt but just never filed the papers taking years to pay stuff off. Lee
noted that Richmond's dilemma is kind of his dilemma noting the two houses that he
has across the street that he is remodeling. Lee stated he is going to sell these houses
and it is his feeling that Richmond's situation will reduce the value. Lee stated nobody
wants to live across the street from this type of nightly rental thing. Lee stated it is not
personalities here whatsoever instead that he doesn't want his values to go down
adding that he has a great deal of money invested there also. Lee commented that it
looked like it was a mess; that it got start off one way and got switched another way
and another way. Lee stated that is his concern is if the property values fall because of
the orthodox situation there Lee stated he felt like they would be paying a penalty and
didn't think they should be. Lee reiterated he is sorry he is in a bind.
GLICK MOVED TO POSTPONE THIS UNTIL THE THINGS THAT HAVE BEEN
DISCUSSED HAVE BEEN CLEANED UP AND A DESIGN IS BROUGHT
FORWARD SHOWING WHAT THE CABINS WILL LOOK LIKE WHEN THE
CABINS ARE JOINED TOGETHER.
Walker asked Glick if he wished to put a date on the motion or just leave it open until
such time as the items are received. GLICK STATED BY THE NEXT MEETING
noting that would give the owners time to come up with the design and La Shot to get
the items that were discussed cleaned up.
Walker advised Glick that postponing the item to the next meeting would not give
enough time to publicize this as a public hearing and asked if they could change it to
the second meeting in July. GLICK AGREED. Walker asked if the second concurred
noting this is a public hearing and it must be publicized. Goecke asked what this would
do to the applicant if he was wanting to do anything this summer and this would move
it to the 24th of July before he could do anything. Walker asked Goecke if he was the
second on the first motion adding that it wasn't a debatable motion. GOECKE
STATED HE CONCURRED.
Richmond asked if he could ask the matter be dropped, withdraw the request.
Richmond stated that the second week in July is too late to consider it adding that he
would withdraw his request and do it. again next year. Richmond stated he will go
through with the monthly- rentals getting the necessary permit from La Shot's office.
Walker advised Richmond he could withdraw the application. Richmond asked the
Commission to consider it withdrawn.
Smalley asked Richmond if he was requesting that everything be stopped now. Smalley
stated he understood Richmond to say he was going to rent them monthly now.
Richmond stated he would rent them monthly adding he is legal now once he finishes
the % estibule and gets the fnal inspection from the city. Smalley asked if that. was
Planning & Zoning Commission Page 11
Minutes June 26, 1996
correct and La Shot stated if he meets the definition of the four plex. Walker asked
Richmond if he had heard La Shot's last comment clarifying it would be legal if he met
the definition of a four plea. Richmond stated he would meet the definition of a four
plex.
Mr. Lee, from the audience, asked what would make that meet the definition of a four
plex. La Shot read the definition for multiple family dwellings and building from the
code. Lee questioned if he heard "building" and La Shot clarified that adding that the
cabins will have to be connected and closed to meet those definitions. La Shot stated he
didn't think an unenclosed breezeway would do that adding it would have to be an
enclosed, attached breezeway to make it one structure. La Shot stated he didn't think it
would look like either cabins or a four plex.
Walker advised the audience that the item had been withdrawn and the Commission
would move on with business,
7. NEW BUSINESS:
a. PZ96-46—Home Occupation Permit, Gunsmith Services —Lots 2-6, 31-36, Carl F.
Alstrom Subdivision. 2707 Wildwood Drive #32
GLICK MOVED FOR APPROVAL OF PZ96-46. MOTION SECONDED BY
BOOTH.
Walker asked for additional staff comments. La Shot stated that this had been brought
to the city's attention by a comment or complaint mainly about the sign. La Shot stated
he hadn't heard any negative comments about Mr. Vogel's business adding that he is
here tonight to answer any questions.
Walker asked if anyone wished to speak to the item. Vogel asked what the motion was
for adding he didn't think he needed to speak unless the Commission had questions.
Walker noted there had been a question on the sign. Vogel stated it was his
understanding that it was to be 4 square feet adding that his is quite a bit larger.
Vogel added in defense of his shingle that no resident can see the sign and the only way
it can be seen is driving down Wildwood Drive. Walker asked if he intended on
changing the sign to bring it into rode. Vogel stated the smallest he could make it
without scraping it would be about 10 square feet adding he could remove his name.
Vogel asked if there was anyway 10 to 12 feet would be acceptable. Walker stated that
is beyond code. La Shot noted there is one way he could exceed the 4 square feet and
that would be through a variance. Walker noted that is another permit and La Shot
stated that is a public hearing type item.
`Verner-Quade asked if he was in the phone book and Vogel stated he would be. Vogel
noted be didn't need to advertise as he doesn't need new business. Werner-Quade
stated she was wondering as it seemed like he was placing a lot of weight on the large
Planning & Zoning Commission Page 12
Minutes June 26, 1996
sign. Fogel noted. this was a sign he had had in a prior business adding that he has
been at this location since 1986, t'ogel advised the Commission that he has to comply
with state and federal laws adding that he didn't know about this requirement. Vogel
added he had to have a written letter from the Chief of Police.
Goecke asked Walker if it would be possible to delay action on this to see what he can
do about the sign. Goecke continued saying if he can get down to the size constraint
they could deal with it then. Walker stated they could vote on this contingent upon
him bringing his signage into compliance by whatever means he deems necessary which
leaves him multiple choices.
GLICK MODIFIED THE MOTION APPROVE THE PERMIT ON THE
CONDITION THAT THE SIGN CODE IS MET. BOOTH CONCURRED.
VOTE:
GOECKE YES BOOTH YES
GLICK ITS WERNER-QUADE YES
WALKER ITS
MOTION PASSED.
b. PZ96-4 7 —Home Occupation. Permit, Roofing Business --Lot 3, Knudson
Subdivision. 309 Birch Street
GOECKE RECOMMENDED APPROVAL OF PZ96-47 HOME OCCUPATION
PERMIT. MOTION SECONDED BY WERNER-QUADE.
Walker asked for additional staffcomment. La Shot stated this is similar to the last
adding he has had no negative complaints about the operation of the business but
mostly about storage materials and equipment outside. La Shot added that one of the
conditions for a home occupation permit is that those items should be enclosed.
Walker asked if anyone in the public wished to speak to this item. Mrs. Hansen
identified herself noting she was here as her husband is out of town.
Glick asked if it is possible for the applicant to comply with the storing of materials in a
structure
Mrs. Hansen advised that the little bit of materials on the property is in an enclosed
structure and as of today the fence is complete. Hansen stated their entire property is
enclosed by a fence. Hansen added she is not sure what the person was referring to as
materials noting they don`i store materials but have ladders on site. La Shot stated
that smells from the roofing like tars and hot pot type materials were identified.
Hansen stated they do a minimum of hot tar work noting that if the kettle is pulled
onto the property it is hot and will. take a while to cool down. Walker asked if they
store the equipment that % ould heat the hot tar on the premises. Hansen stated yes
Planning & Zoning Commission Page 13
Minutes June 26, 1996
but it is not heated on the property. Walker advised that would be business -related
materials and/or equipment. Walker noted that under the permit those items would
have to be in a structure or not stored on the premises. Hansen clarified what he meant
by a closed structure. Hansen stated they could eliminate that and that tomorrow they
could move those items to property in Nikiski.
GOECKE ADDED TO THE MOTION TO PUT IN STAFF RECOMMENDATIONS
ON THE PERMIT, THAT BEING TO STORE THE BUSINESS -RELATED
MATERIALS IN THE PRINCIPAL STRUCTURE OR AN ACCESSORY
STRUCTURE. BOOTH CONCURRED.
VOTE:
BOOTH YES GLICK YES
WERNER-QUADE YES GOE CKE YES
WALKER YES
MOTION PASSED.
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
La Shot noted no additional items. Smalley stated he had been requested by one of the
members of the audience to check into something adding he thought the city had looked
into this once before. Smalley stated there is a shed at 315 Linwood sitting on a
property line and has been there since early March. La Shot stated that the building
official has been. in contact with those people adding that correspondence will be
provided at the next meeting. La Shot noted it is as much a building issue as anything.
La. Shot stated it is a cabin on skids and people are living in it. Smalley stated it is
living on the property line and probably in violation of the front set back.
10. REPORTS:
a. City Council
Councilman Smalley reviewed the agenda that was in the packet explaining council
action. Walker asked that C I be explained. Smalley advised there had been a motion
to move C14 to the front of C. Prior to moving C14, there was a motion to move
consideration for the City llanagE�r's consideration of agreement for continuation of
work with the city. Smalley Mated it was brought forward and it failed to be moved on.
Smalley stated that on C14 a b, and c there were motions to suspend with pay and
benefits the city manager. There was discussion and it passed five to two. Smalley
stated C14 was tabled as it was later in the packet because that was a discussion of a
severance pay agreement so that issue was postponed. Smalley stated that with regard
Planning & Zoning Commission Page 14
Minutes June 26, 1996
the suspension the city manager has been suspended through his present contract
which ends July 31st Smalley stated he will receive on July 3rd a bill of particulars as to
reason why the suspension and why the city is possibly considering not continuing his
employment. Smalley stated he has by code 30 days minimum to have that before there
is a public hearing to discuss that bill of particulars in a public hearing. Smalley stated
that protects him as an employee and it also protects the city. Smalley stated he may
elect to do other options between the 3rd of July and the 7th of August. Smalley stated
the 7*,r of August is the first meeting that would qualify for the meeting time. Smalley
stated Mr. Nlanninen may opt to do several things which could be to voluntarily resign
upon completion of his July 31st date, he may elect to go public and have discussions on
the bills of particular and challenge any and all, he may elect to wait until the 7th of
August and deal with the Issues. Smalley stated he is in the driver's seat and the city is
required by code to wait until August 7th to discuss the items; however, Mr. llanninen
could choose to go public earlier and then the city could participate in those discussions.
Walker asked if C l was approved Smalley stated that had been around for a long time
and in talking with the cite attorney and city manager they couldn't understand why
the department heads had to file. Smalley stated that it goes back 25 to 30 years ago
and is no longer necessary.
Smalley advised that Item 5 was tabled pending Planning and Zoning's action. Smalley
continued through the agenda explaining the items listed in section C as noted on the
information in the packet.
Glick commented that a source of his told him that on the 9th of July the Borough
Assembly will have before them the property that the well is on for the assembly's
approval. Glick stated it is to be leased to the city with the ultimate end result it being
deeded to the city.
Smallev stated there was discussion about the use of Leif Hansen Park and council has
asked Parks and Rec to review the issue again. Smalley noted that as it presently sits
the Parks and Rec director and city manager determine the use for those areas.
Smallev stated there was discussion on the Mission. Street project noting that Mr.
Cherrier would like to have the city pave a street and parking lot in exchange for a
right of way. Smalley stated council was not willing to do that and asked
administration to check into either changing the property or the city acquiring the
property by a variety of ways one of which was discussed was a taking. Smalley stated
other options included obtaining fair market value for the property or ending the road
at a turnaround at Alaska Avenue.
Smalley stated that Mr. Godek talked to council about his presentation to the borough.
Godek had stated that; some of the assembly members felt more comfortable in paying
user fee per animal instead of funding the building. Smalley stated the discussion was
continuing.
Planning & Zoning Commission
Minutes
Page 15
June 26, 1996
Smalley stated there was discussion of matching funds for an archaeological study at
the Shkituk Site in the amount of $2000 for a total of $4000. The council advised the
Townsite Historic District Board to seek other funding sources.
Smalley stated other items of discussion were a sewer line with the city of Soldotna, the
industry appreciation picnic, and that the group who is planning to build the assisted
living center had applied for funding through HUD and they were turned down.
Smalley added the information that HUD feels that the center in Homer is meeting the
needs of this area; however, they are looking for other funding sources.
Goecke asked why the industry appreciation picnic being transferred and asked if it
was a reaction to a letter to the editor. Smalley stated he didn't know the reason and as
far as he knew the decision was made by the city manager and the Parks and Rec
people.
Werner-Quade commented that she had attended the council meeting when the people
voiced concerns about the Leif Hansen Park noting she felt there concerns were valid.
Werner-Quade stated she felt that members of the council were sympathetic to these
concerns.
Smalley informed the Commission that Police Chief Morris would be the acting city
manager.
b. Borough Planning
Mr. Bryson was absent and unavailable for comment.
c. Administration
La Shot stated the item concerning the land transfer for the well had been originally
submitted with two pieces of land, one which is a large parcel of recreation land to the
north. The well house section is to the south. The borough would like to have a formal
request for the recreation parcel. La Shot stated he will be putting something together
to route through Planning and Zoning and Parks and Rec and then to council. La Shot
stated he didn't want to get questions and politics of that parcel involved with the well
house parcel so asked to have them separate.
La Shot. advised the city is receiving a lot of comments about the gate at the beach and
the signs across the river. La Shot: stated he felt at the next council meeting there may
be presentations regarding that.
11. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission
Minutes
12. INFORMATION ITEMS:
Page 16
June 26, 1996
a. Kenai River Special Management Area Advisory Board Minutes of May 91, 1996
13. COMMISSION COMMENTS & QUESTIONS:
Werner-Quade commented that she had noticed that the Moose Family Lodge Raj park
is in full swing complete with power and water. Werner-Quade asked if they were
getting an extra city water bill. La Shot stated they are not adding he felt it may be
time to send out notices to the fraternal organizations.
Glick advised he will not be at the next meeting.
14. ADJOURNMENT:
Meeting adjourned at approximately 8:40 p.m.
Res ctfullv Submitted_
l
Marilyn Kebschull
Administrative Assistant
HISTORIC DISTRICT BOARD
June 25, 1996- 7:00 p.m.
***AGENDA***
Kenai Council Chambers
Chair Dorothy Gray
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: May 28, 1996
4, PERSONS PRESENT SCHEDULED TO BE HEARD:
5. HISTORIC BOARD REVIEW:
6. NEW BUSINESS:
a. Parliamentary Procedures
7, OLD BUSINESS:
b. Review of Sign Code
c. Shkituk' Village
8. REPORTS:
9. INFORMATION:
a. Bittner Letter dated May 28, 1996
b. National Trust for Historic ?reservation Information
c. Preservation Advocate News —Vol. 5
d. The Alliance Review
10. BOARD QUESTIONS AND COMMENTS:
11. ADJOURNMENT:
HISTORIC DISTRICT BOARD UNAPPROVED
June 25, 1996- 7:00 p.m.
***MINUTES***
Meeting called to order at 7 p.m. by Chairperson Gray,
1. ROLL CALL:
Members present: Dorothy Gray, Ethel Clausen, Michael Huhndorf, Rebecca
Godek, Bill Kluge (arrived at 7:10 p.m.)
Members absent: Alan Boraas; Kim Booth
Others present; Councilman Joe Moore, Engineering Tech Rachel Clark,
Administrative Assistant Marilyn Kebschull
2. APPROVAL OF AGENDA.
Gray asked for any changes or additions to agenda? Huhndorf asked if that would
include the Preservation Plan, Part 2 under Old Business and Gray responded yes.
Huhndorf noted he still doesn't have that information. Gray stated they could
delete that from the agenda noting the survey had still not been received from
Preservation North. Kebschull advised that is correct noting they are three weeks
late adding it was supposed to have gone to the printers on Saturday but now they
were estimating it would go to the printers on Friday.
Gray deleted Preservation Plan from the agenda.
No other changes noted, the agenda was approved as modified.
3. APPROVAL OF MINUTES: May 28, 1996
Gray asked if there were changes to the minutes of May 28"? Huhndorf stated he
would like to comment on something he had said concerning the federal attachment
to things that have been found. f-uhndorf stated that as individuals find things on
private property that may be their property as private property is not included in the
NAGPHRA(?) law. Huhndorf added that if those items are given to a museum
which receives federal funding of any sorts or which has attachments to federal
funding, then those items may be taken under NAGPHRA. Huhndorf stated that
had been discussed on page 5 of the minutes.
Gray stated that must have been Rebecca Godek and was advised it was Bill
Godek. Gray commented that perhaps a point should be made to distinguish if Bill
said something. Kebschull stated that if it stated Godek it would refer to Rebecca
Godek and when Bill spoke the full name was used. Kebschull noted that in the
minutes members are referred to by last name only.
Huhndorf summarized that artifacts can be attached if they go to a museum which
receives federal funding but individual private property owners, they cannot.
NO OTHER CHANGES OR CORRECTIONS NOTED, MINUTES APPROVED.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. HISTORIC BOARD REVIEW:
& NEW BUSINESS:
a. Parliamentary Procedures
Chairperson Gray advised that the packet contained a memorandum from Kebschull
asking for the Board's cooperation in using tighter rules on parliamentary procedure
at meetings. Gray noted it has been very difficult to transcribe the minutes when
peopie just jump in and there is not a motion on the floor and the Board keeps
jumping around from one subject to another. Gray noted that to refresh her
memory of parliamentary procedure she had gotten the video tape, noting it was a
2 hour video, and had reviewed it. Gray stated the tape would be passed on to
Huhndorf to review so the board tries to follow procedure when meetings are
conducted. Gray added this was also for the benefit of an audience when people
come to meetings. Gray noted that the rules are made for the purpose of helping
to clarify the meeting for everyone.
Moore commented that he appreciated Kebschull's advice. Moore added that it
may be tough at first but the board will appreciate it in the end commenting that
the meetings will move faster, the board will accomplish more, comments will be
focused on the subject at hand and won't stray.
Note: Bill Kluge arrived at 7:10 p.m.
Gray noted that the packet contained information from the city code special rules
that apply. Gray noted it is her understanding that meetings are conducted
according to Robert's Rules of Order. Gray commented that she felt that most of
the city's code followed the rules contained in the pamphlet that came with the
video. Kebschull stated the rules were basic adding that they included the chair
recognizing those who speak, and following the agenda. Kebschull noted that the
one rule that hasn't been following that she wanted to stress was that the board
needs to either ask for a unanimous consent with motions or have a roll call vote.
This allows council as well as the public to see who voted. Clark noted that on
Page 1.8 was the fact that no member shall speak more than twice or more than
10 minutes.
Townsite Historic District Boara Page 2
Minutes June 25, 1996
Gray commented that she remembers seeing something in the video about that and
that there can be a motion to increase that should be body feel that more
discussion is needed but generally according to Robert's Rules of Order people can
only speak to an issue twice. Gray added that this was to help streamline meetings
and to keep people on the topic.
Gray asked if there was anything else that needed to be pointed out to the board
and asked if members should identify themselves when they speak. Kebschull
stated that generally the chair identifies individuals when they are recognized and
that gives them the floor. Kebschull added that this recognizes that individual on
the tape adding that she knows the voices but other individuals who may listen to
the tape may not. Kebschull informed the group that citizens may purchase copies
of recordings.
Chairperson Gray informed Kluge, who had arrived late, where the Board was on
the agenda. Gray noted that Kebschull had asked the Board to tighten up the
meetings to make it easier to transcribe minutes and that it will better organize and
streamline meetings. Gray added that the group had been discussing some of the
things the Board was hoping to work on and do better. Gray stated that included
only speaking to the issues that are on the floor and to prevent the discussion from
jumping around from issue to issue.
Gray stated that tonight if a member would like to speak, to raise their hand or
pencil and she will call on them. Gray noted that it had been pointed out that
according to special city rules regarding meetings that at the regular meetings a
council or board member can only speak twice to an issue or no more than ten
minutes to any one question on the floor:
Gray asked if anyone had any specific questions. Gray reiterated she will be
passing the tape on to Huhndorf with the handbook that came with it. Gray added
that if she is absent, Huhndorf is vice -chair and will chair meetings in her absence.
7. OLD BUSINESS:
a. Review of Sign Code
Gray stated that in the packet on page 7b is the memorandum from the city
attorney with information about things that could actually be done in a sign code.
Gray added that Clark had researched the city sign code and had provided
information which is in the packet. Gray asked Clark to explain the information she
had prepared.
Townsite Historic District Board Page 3
Minutes June 25, 1996
Clark stated the basis for the city attorney's memo are on the back side of number
one through seven. Clark stated you cannot regulate for content on a sign. For
example saying that you wanted to review them for historic correctness, scale, and
character in keeping with historic correctness in keeping with the historic district.
Clark stated the attorney didn't think that would be legally defensible adding that
the board cannot put anything into the sign code that could be construed as
regulating for content. Clark noted they could use objective criteria for type of sign
using the example of no free standing signs or roof signs. Clark stated they could
also regulate the size. Clark noted that she had came up with a sample sign code
noted on the bottom on his memo. Clark stated another issue is that the building
inspector already reviews signs in the city and you cannot review for content.
Clark commented that since signs cannot be reviewed for content, the board may
want to let the inspector review these signs as he does throughout the city.
Clark stated that on the back of her memo there are questions that the Board
should at least consider. Clark noted the first deals with square footage for various
signs. Clark stated that right now the code in other districts says for example for a
home occupation sign, one sign not exceeding four square feet. For a multi -family
dwelling or an office, not to exceed 32 square feet. For commercial, industrial use,
not to exceed 81 square feet. Clark noted she had added or 10 percent of the
building projection Clark stated she had used 10 percent as an example. Clark
stated the second sheet was to give a visual example of size of these signs.
Huhndorf asked regarding the drawing if they were to see the sign as what is
allowed for that particular application for example, 10 percent on professional
offices. Huhndorf asked if that was about what it would look like on the
schematic. Clark stated that 32 square feet would be what would be allowed for a
professional office. Clark added that for a relatively small building projection that is
what it would look like. Huhndorf, noting this would be his second comment on
this issue, regarding sign content and not being allowed to check for historic
correctness that he felt that if something was historically incorrect and you can
prove it, under the right of free speech they have a right to state that. Huhndorf
commented he felt incorrect should be in quotations, in other words if the dates
were wrong. Huhndorf added that one of the factors that was important to himself
and the people he works with is the correctness of the signage. Huhndorf stated
perhaps they would be the ones determining that if they would be the ones doing it
so it wouldn't be as crucial. Huhndorf noted that if they see something that is not
right, they cannot do anything about it.
Clark stated not necessarily adding that commercial speech, which a sign would be
considered, is only protected if it is not misleading. Clark stated they could make
an argument that something that was incorrect as far as dates would be construed
as misleading and under those grounds you could look at the content.
?ownsite Historic District Board Page 4
Minutes June 25, 1996
Gray stated that when she read that she was trying to remember and scanned
through some of the sample sign codes that they had had from other places. Gray
stated that interestingly enough they had taken that from another ordinance
somewhere else in the United States. Gray added that if the attorney feels that
that might be challenged, could the sign code say it would be a recommendation
that the content be reviewed by this board to assist in historical correctness. It
wouldn't say by law that they had to, but again one of the purposes of the Board is
to provide education for the community about the historical district. Gray added
that if they came to the Board as a resource, could they put some kind of wording
in the code with that in mind. Clark stated they could put in the code that it is
recommended that it be reviewed by the TSH Board prior to putting it up but it
could not be required. Gray stated that may be a way to help people. Clark stated
she would ask the city attorney but didn't feel there would be a problem with that.
Moore stated that he had found it interesting in the first couple meetings that he
had attended that the Board wanted signs that did nothing more than to advertise
what the place was such as hotel, motel, etc. Moore added that it appears they
cannot do that adding that is disappointing. Moore stated he felt that was a valid
argument and is disappointed to see that this attorney's opinion. Clark stated she
felt he was pretty solid on stating that as long as it is not profane, misleading, or
unlawful they can put anything on a sign.
Gray asked if the Board would like to go through each of the items that Clark had
suggested and see if the Board agrees or disagrees with them and make
suggestions or changes.
Gray stated the first is the home occupation sign not exceeding four square feet.
Gray noted that is the first sketch. Gray noted that later Clark had added that free
standing signs are not permitted. Gray asked if that was on or off premises. Clark
noted that off premise commercial signs are automatically not allowed by the
general code. Clark stated a free standing sign would be something that is out
from the building commenting that most of the signs in the area are free standing.
Clark noted that is a question the Board needs to answer, whether or not to allow
free standing signs. Clark added that the Board needs to know there are already
signs in place that are free standing commenting that it would be a disparity if they
didn't allow them. Clark stated she had put number four in as a suggestion. Gray
stated that in Soldotna home occupation signs must be attached to the home.
Clark stated the Board could do that if they wanted to. Gray stated to specifically
deal with home occupations. Clark stated the only problem she sees is that if
somebody has a fairly large set back, it may not be fair as far as visibility, Gray
commented that four square feet is not very big adding that even if it was free
standing it probably wouldn't be a problem.
Townsite Historic District Board Page 5
Minutes June 25, 1996
Kebschull pointed out to the Board that the sign grant that they had applied for that
part of those signs may have to be free standing as the Board doesn't know if they
have property owners' permission to place signs on the buildings. Kebschull
commented that whatever codes made would be like any other codes within the
city wherein a person could apply for a variance. Kebschull explained that even if
the Board wanted to make a rule that free standing signs were not allowed, people
could still apply for a variance and get permission to do that on an individual basis.
Gray asked if the group agreed that home occupation signs would be no more than
four square feet. Group consensus.
Gray asked about signs with multi -family dwellings, clubs, professional offices
would not exceed 32 square feet which is the second sketch. Gray added this is
approximately 10 percent of the building projection. Gray asked if the group agreed
with this. Kluge stated he didn't see the 10 percent noted. Gray stated it was
noted on the drawing. Kluge stated they may want to add that in the verbiage.
Kluge stated that it appeared to him to accomplish what their goal was which was
to keep signage secondary to the character of the buildings in Old Town that he
would propose making that the maximum size for all business rather than going up
to the 81 square feet. Clark stated they could do that if they wanted to. Clark
asked if they wanted the professional office code to read 32 square feet in area or
10 percent of the building projection area whichever is less. Kluge stated that is a
four by eight sheet of plywood adding that is a pretty good size sign when you
have a small development like Old Town. Gray commented that it would be about
the size of the green chalkboard. Kluge stated it would be bigger than that. Clark
and Moore commented they felt that it would be close to that size. Kluge stated it
would actually be a little iarger estimating that the chalkboard was seven feet long
and shy of four feet wide. Kluge added that it might only be six feet.
Gray asked Kluge if she understood him to say he would delete number three on
this list and keep all the signs including commercial, industrial along with the signs
identified in number two as having a maximum of 32 square feet or the 10 percent
of the building projection? Kluge stated that he felt that one way of dealing with it
would be that all other signs shall be limited to 32 square feet or 10 percent of the
building projection whichever is less.
Gray asked for the feelings of the other board members? Huhndorf stated that on
one hand he feels it is okay and the other one not okay depending on the
application. Huhndorf stated that he felt sometimes an exception should be made if
there is a good cause for it. Huhndorf stated he didn't know that they wrote laws
like that. Clark stated that a person could apply for a variance and if it was for a
good cause, hopefully it would be approved. Huhndorf stated he likes the clause
Townsite Historic District Board Page 6
Minutes June 25, 1996
but without seeing every application, he would like to allow a window with some
conditions to the exception. Kebschull commented that the Board may want to
specify that variances in Old Town be reviewed by the Board before they go to
Planning and Zoning noting that the under the current procedure variances would
not be reviewed by the TSH Board. Moore commented that as far as he knows,
everything goes through Planning and Zoning. Kebschull stated that was right but
it doesn't go through this Board adding that she didn't know if the Board would
even see a sign that was oversized Gray stated that in the ordinance that
commercial buildings are limited to no more that 5000 square feet per story asking
what that would make roughly one side of a building. Gray asked if it could
possibly have an 81 square foot sign. Kluge stated it would depend on the
property and how the building is proportioned. Clark stated it would be much,
much larger than the pictures she had supplied. Kluge commented that would
depend on which side of the building and depending on the property that could be
two different sides. Kluge added that is why you have the limitation on square
footage. Kluge stated that if they look at plats of Old Town, there are not many
large pieces of property and there are limits to the size of buildings that can be
placed on those pieces of property. Kluge added that if you try to add something in
there except by approval of a variance he stated he felt that opens up a window.
Kebschull noted that they didn't have to note a variance could be applied for that
the code allows for anyone to apply for variances. Kebschull reiterated that
regardless of the sign code they implement a person can still apply for a variance to
get a larger sign or whatever. Moore stated that the way the system works is that
any ordinance that this Board recommends will still go through Planning and
Zoning. Moore asked if that was correct and Gray advised yes.
Godek noting she hadn't had a chance to look but asked how close Clark's proposal
is to the current sign code. Godek stated that 81 square feet was the maximum
sign adding that it seemed to her there was no reason to have another sign code if
the current sign code already takes care of that. Godek stated that if they want to
limit that and not do a 81 square feet and do as Kluge suggested a 32 square feet
sign, then she sees the reason for doing this.
Kluge stated he felt that something else that was missing was a briefing that
explains what the Board would like to see. Kluge added he thinks it goes back to
the statement that the sign and contents with the street scape and trying to limit
the verbiage on the sign to what the character of the building is and the occupancy
is in that building. Kluge stated this is because they are trying to achieve an
atmosphere in the Old Town district that is appropriate for a historical area. Kluge
stated if you give some background on what the Board is trying to accomplish in
the area rather than just state is you do this, this, and this you can pass our sign
ordinance. This portion of the sign code should be informative as well as just as
much as restrictive noting that he felt that a narrative should be included. Gray
Townsite Historic District Boaro Page 7
Minutes June 25, 1996
stated they might borrow from the rationale that they wrote to the Planning &
Zoning when they introduced this and justified the whys and wherefores of what
the Board was wanting to accomplish. Gray added that she felt it was important
that people see the sign code for Old Town not as being as restrictive but perhaps
being more informative.
Huhndorf commented that on that note and after hearing the talk about Old Town
and the number of buildings and the size of the lots, he stated he does like Kluge's
statement. Huhndorf noted that they only make recommendations anyway and
depending on the credibility the board is assigned, they either will or won't listen to
recommendations in the spirit of historic flavor.
Clark commented that the place for the verbiage may not be the ordinance but
instead it may be supplemental information. Clark noted that the sign code reads
pretty cut and dry as to what is allowed and what is not. Gray stated that a more
appropriate place may be as a cover letter for people who come in looking for the
regulations. Kebschull noted she had brought the zoning code to the meeting
adding that if the Board does a specific sign code for the Historic District and start
the code with the intent of the code is to, etc. Kebschull gave for example the
code starts the section on the Historic District with the intent of the district.
Kebschull stated they would need to be concise, clear, and to the point. Clark
stated the sign code doesn't have that information included and Kebschull stated it
didn't but didn't know that they couldn't include the intent. Moore commented he
didn't see any reason that they couldn't include the intent. Kebschull noted they
would not be able to have a long, lengthy document like they had submitted
previously. Clark reiterated that they could not regulate content in any way, shape,
or form. Gray stated that in the intent section it might be made clear that the
Board is here for the purpose of assisting people in being historically accurate and
would be more than willing to provide as much information as the Board has. Clark
stated she felt it could be put in there that it is recommended that the sign be
reviewed by the Board prior to implementation. Clark stated she would ask the
attorney.
Gray asked that they return to the size of the sign noting they had discussed
number 2 and 3. Gray asked what the feelings were noting that Kluge has already
said he would like size limited to 32 square feet maximum. Gray asked for other
comments.
Kluge stated that for point of order he thought the correct way to do this is that
someone should make a motion to adopt it and then make amendments to that
motion such as this change. Kluge stated that way you get it on the floor for
discussion. Kluge asked if that was correct? Kebschull advised that because they
have been discussing the item and no one has made a motion, the Board could
Townsite Historic District Board Page 8
Minutes June 25, 1996
either make a motion. Kluge interrupted saying that was what he meant and that
usually to get an item on the floor for discussion that usually a motion is made.
Kluge continued saying that then amendments can be made to the motion if they
are accepted. Moore stated that was not necessarily the case and that anything
could be discussed without a motion. Moore stated if they want to make a motion
to change the recommendations, then that would be what they could do. Kluge
asked if others saw the confusion here. Moore stated they have no ability to act on
anything, no ability to do anything but make recommendations. Moore asked if
that was correct and Gray stated yes. Moore stated if they would move to
recommend this sample code, then that would be a motion. Moore stated they
could discuss the sample code, make changes to it, and then move to recommend
the sample code as altered or modified which would require a second and then they
would vote. Moore stated he felt they were doing the right thing the way the
Board was going. Kebschull commented that she thought what Kluge was referring
to that generally for example in Planning & Zoning if there is a plat to be approved,
the first thing that happens is somebody moves for approval, someone seconds it,
and then a discussion is held and then they vote. Kebschull added that when you
have an item like this wherein you don't know what the business is because it is so
widespread and open, you don't really have a motion to make. Moore stated the
end result of the discussion would be a motion to recommend to Planning & Zoning
what you discussed and changed.
Gray recommended flushing the item out, then have changes read, and then have a
motion to accept or reject it as written. Gray noted that then they would be
official.
Gray asked how the Board was feeling about the 81 versus the 32 square feet.
Huhndorf stated he would go with the 32 square feet or 10 percent. Clausen
stated she would go with the 32. Godek stated she liked that adding she felt the
smaller the sign the less obtrusive and in keeping with what she feels the goal is.
Gray stated she would also agree adding that most of the buildings there are quite
small and anything gigantic would take away from the historical integrity of the
area.
Clark asked if they wanted to make a contingency for if there was more than one
business as noted under part 3. Clark stated that for example the Vozar property
and if you limit the entire premises to 32 square feet, you are talking about 2
square feet signs. Kebschull asked if Clark was referring to Vozar's business or the
cabins adding that each of those cabins would be a separate business and allowed
a separate sign. Clark stated not on the same premises and Moore commented
they are on the same lot. Clark stated she had discussed it with La Shot and
thought it referred to the same premises. Kebschull noted item number 3 said per
business. Clark stated if there is more than one business on a premise all these
Townsite Historic District Boara Page 9
Minutes June 25, 1996
apply. Kebschull stated she thought of a premise as something combined like Carrs
where it is one building but when you have separate individual building would be
considered a premise. Kebschull noted that was her perception. Clark stated La
Shot had stated his understanding was the lot line and whatever is interior to the
lot line is one place adding you can see how that might not be fair. Kluge stated
you might say one would be allowed for each free standing building on the premise
not to exceed 32 square foot or 10 percent of the front elevation of the building.
Kluge added then that one needs to define front which should be defined probably
by the side where the main entry is located. Kluge continued that such a
development like the little cabins which are all introverted on the piece of property.
Gray stated they were all in a circle. Kluge stated that they needed to define what
side if the front. Moore asked if the existing sign code defined the front of a
business adding that was a good point. Gray stated she didn't see anything in the
code about it adding it defined wall sign as any sign attached to, painted on, or
erected against the wall of a building or structure with the exposed face of the sign
in a plane parallel to the plane of the said wall. Gray stated that doesn't say that
the wall has to be on the main entrance of the building. Gray added she felt that
was an important thing to look up.
Gray asked Kebschull if Kluge should repeat what he said about defining front.
Kluge said he mentioned to allow one side having one sign for each free standing
structure on the premise not to exceed 32 square feet or a maximum of 10 percent
of the front elevation. Kluge stated that somewhere you need to define the front
side as the side with the main entry to the building.
Gray stated that brings them to number 4 about free standing signs. Gray stated
she would like to bring up the point that if the sign grant goes through the Board
had actually thought about putting signs on property that no longer even had the
structure but were an historical spot such as this is the site of the old Russian
school house. Gray stated that if they were to do; Clark interjected they would
have to apply for a variance. Kluge stated it could be incorporated into the
ordinance with the exception of historical information signs not to exceed 2 square
feet. Huhndorf asked if they could put some type of a monument or something not
necessarily a sign but something that stated on this spot. Huhndorf commented
like the brass plaques that are on the Alaska Highway. Clark stated she felt a
statue would be considered a structure but was not certain about a plaque. Clark
asked if there was a definition for sign. Gray read, "Sign means any words, letters
parts of letters, phrases, sentences, emblems, devices, trade names, trademarks by
which anything is made known. Such as are used to designate an individual a firm,
association, a corporation, a profession business, commodity, or project which are
,risible from any public street or highway and used to attract attention. Clark stated
she could ask the city attorney for a ruling as to whether a plaque or historical
signs like the Board is considering if those would be considered a sign that is
Townsite Historic District Board Page 10
Minutes June 25, 1996
regulated. Huhndorf stated that one thing about Old Town is that so many of the
buildings are already missing and so much has been taken down. That may be an
avenue that can be utilized.
Kluge stated that maybe the definition of sign needs to be clarified and in the
definition mention the exception of historical signs in the Old Town district. Gray
commented that Kluge was suggesting that the main sign code be amended. Kluge
stated that would be one way to approach it if this is going to be incorporated as
the revised sign ordinance. Gray stated that certainly would be a good
recommendation adding she understands Planning and Zoning is going to be
working on revising the sign code. Moore stated that Planning and Zoning despises
the sign code adding that he didn't know if they were planning on revising it.
Kebschull noted that when they are faced with dealing with the sign code that they
always mention that it needs to be looked at; however, no one has actually asked
that it be put on an agenda. Gray stated it could be a recommendation from their
Board to have in the definition of the Kenai sign code amended to include historical
signs. Gray noted that would give them coverage.
Godek drawing attention to her copy of the sign code, noted it says that you do not
have to have a permit for historical signs. Godek read, "signs in the nature of
cornerstones, commemorative plaques, historical signs, building name and street
number." Godek asked if that was addressing what they were discussing? Gray
stated it was and that would definitely have to be changed. Gray stated that was
number 1 1 under "Signs Not Requiring a Permit" is the one that Godek is referring
to. Gray stated that maybe they don't need to have a permit but in the sign
definition they should be included. Kluge stated that if you read it again it sounds
like that is not even part of the ordinance adding there is no regulation in the
current ordinance dealing with historic signs noting you are allowed to have those
without a permit. Kluge stated that in other words you could go put a plaque on
any piece of property or monument on any piece of property without approval by
the city. Kluge asked that Gray read it again and she did.
Moore stated it sounds like in their recommendation at the beginning of the
ordinance that anything in the Historic District, added that it would preclude
historical accuracy because they wouldn't be required to have the permit to put it
there. Anybody could put up what they wanted. Moore added they still could but
it wouldn't fall under the recommendation that it come before this Board to review
it because a permit is not required. Moore stated that perhaps they need something
in the proposed ordinance that, stopped and commented that they were back to the
free speech thing. Kluge stated it sounds to him like if you went along the road in
Old Town and you saw a historic plaque someone put in front of their place of
business and it was inaccurate that the only way you could do anything about it is
Townsite Historic District Board Page 11
Minutes June 25, 1996
to go get an attorney and sue them because it is misleading and that is against the
law.
Moore stated he would hope that as visible as the Board might be in promoting
their historic district that hopefully people would cooperate. Moore added he
doesn't foresee everybody just throwing up a plaque or a sign stating this, this, and
this. Moore stated he thinks their pressure or influence as a commission would
weigh a lot in somebody's decision to put up a plaque that wasn't accurate
historically. Moore asked if there were divisive groups here or one group that
thinks things happen this way and one group who thinks things happen this way.
Moore stated it is not uncommon in the world but is that the case in the Townsite
Historic district? Gray stated not to her knowledge. Huhndorf stated there may be
some conflict in some of the homes and some of the ways because of the nature of
American Indian history. Huhndorf noted if it is looked at from being from the
receivership point of view. there may be some concept of conflict. Huhndorf stated
he believes that as long as things are afforded a neutral kind of information like the
origin of the house or whatever any interpretation that is done from that that he
didn't think there was any conflict. Moore stated that he hated to say that maybe
they were worrying a little too much about the whole thing but it can come back to
bite them later.
Moore stated that seeing as though Planning and Zoning is the ultimate sayer in this
anyway, Moore stated he would like to see this Board work with them. Moore
stated they could be of assistance and asked how receptive they had been to their
comments on the code. Moore asked if any member of this Board had talked to a
member of Planning and Zoning? Gray asked if he meant about the sign code and
stated no. Gray stated they are still so vague about it. Moore stated that he would
think that along with this recommendation would be a discussion to somebody who
would lend an ear to what you are trying to accomplish and that it would be
valuable. Gray asked if he was suggesting that they send a draft of this even
before it has been made into a motion to them to review. Moore stated he didn't
think so and if the Board felt comfortable with what they were putting together
tonight, he would see no problem with recommending this as a proposed ordinance
to them. Moore added it will only create a discussion as it has to have introduction
and a public hearing. Moore asked if they were in a hurry to get in to Planning and
Zoning noting that they had been a couple months ago. Gray stated they had
discovered that it would not be effective for this building season to push it through
in a hurry so they should take their time and thoroughly review the code.
Kluge stated it appears to him that this has evolved and that he felt they were
heading in the right direction. Kluge stated he felt they should go on through the
list as they started and that they should go back to their original submittal for the
verbiage about historic correctness, scale, street scapes. Kluge stated that is what
Townsite Historic District Board Page 12
Minutes June 25, 1996
the intent is with the historic sign code and add a narrative to the front of the list.
Kluge stated they had already brought up the point that plaques were allowed
adding they are trying to let the public know that they are trying to have the
signage in Old Town be a good scale and correct when it comes to historic
information and to help keep a quaint character to our Old Town. Kluge stated the
only meat to it is the size as he sees it. Kluge stated that is all he sees is that they
don't want a lot of big, gaudy signs in Old Town. Kluge noted that by limiting the
size if you are going to have the name of your business on the sign will limit the
content as you will only have so much room to put your information on it.
Huhndorf stated he was looking at the Historic Preservation Plan noting that he was
supposed to do the procedure for nomination to future historic sites and also
historic preservation for the community. Huhndorf stated as far as talking about
recommendation, the Board could, then added there is the law you have to abide by
and the things you don't have to abide by and then there is creating historic flavor
and maybe trying to create goodwill. They could come up with something that is
very nice and appealing to both the Historic Board and to the person and have that
sort of dialogue, "Do you like this kind of sign, or what do you think of this?"
Huhndorf stated perhaps put a little more hands on. Gray added guided.
Kebschull suggested, noting after listening to their discussion and the fact that she
spends time with P&Z, that it would be much easier to do what they are trying to
do in a work session adding that is basically what they are doing here. Kebschull
noted they had broken down from the two times and the ten minutes to where the
Board is going on and on and on. Kebschull stated she thought the first thing P&Z
will ask is have you had a work session and have you advertised it to the public.
Kebschull noted that the people in the Historic District are probably some of the
most verbal in the town for property owners and they should have had input into
codes that the city may implement that will effect them. Kebschull noted that
Planning and Zoning, if it ever gets to that point, they have to have a public hearing
and council also has to have a public hearing also. Kebschull stated that to start
off, she would recommend a work session with a public notice that the public is
invited to participate in designing a new sign code for the district and then have set
ideas when you go into that to share with those people.
Moore asked if this was a public hearing and if this meeting had been advertised.
Kebschull advised no and noted that these meetings are only advertised on the
bulletin board at city hall. Moore commented that they don't meet the public
hearing criteria adding that they don't have to. Kebschull added that she is just
commenting on what she feels Planning and Zoning will ask if the public has had
the opportunity to participate. Moore stated that in other words they want this
Board to take care of it before they deal with it. Gray asked if they wanted them to
do a public hearing before they do. Kebschull clarified that she wasn't saying a
Townsite Historic District Board Page 13
Minutes June 25, 1996
"public hearing" but had said a work session wherein the public is invited to
participate noting there is a difference. Kebschull gave the example of how P&Z
had done the work session for the prime residential zone that they had been
working on for the last three months. Kebschull stated they had a work session
before a regular meeting which was advertised and people were encouraged to
participate.
Clark suggested that she could take this back and work on it with the changes that
the Board has made already and then have a work session from there.
Kluge stated they have addresseci this issue for the last four meetings added that
he thinks this gets back to what he was trying to get to and what Kebschull had
mentioned that being the work session. Kluge stated he felt that was why he was
a little confused because on other boards he has served on that usually there is an
agenda and there are items that are up for consideration for motions on the agenda
and may be discussed once the motion has been made for the items that are on the
agenda. Kluge stated that before it gets to that, the discussions that they keep
trying to have in the meetings, have already occurred and there is a draft on the
agenda for action. Any revisions to that action take place by motion. Kluge stated
he thinks the Board is doing a lot of work session items and perhaps even
committee work at the meetings. Kluge stated he felt they had gone through that
step noting they had talked a lot about the sign issue, thinks they are on the right
track, and added that Clark had been a lot of help. Kluge stated he felt they were
right there at having something that has some meat to it and does a little bit of
what they are trying to accomplish adding that it can always be modified in the
future. Kluge stated he felt the whole intent was that they were trying to have a
character for the signage in Old Town that is in place with a quaint historic part of
the town. Kluge stated if they identify that as the intent and try to limit the size of
the sign which would hopefully accomplish the real concern is which is that they
don't want a lot of gaudy, large, bright, signs. Kluge reiterated that he thinks
limiting the size goes a long ways and providing the intent of what they are trying
to do in Old Town will encourage people to be more tasteful. Kluge stated he felt
that was good first step as far as any developments in Old Town. Kluge added that
it was something that he felt could be accomplished at this meeting if they
continue through the list and go back to the original concept stating that they are
interested in historic correctness and the scale of the signage and trying to limit the
signs to just what is occupying the structure. Kluge stated he felt those were the
things they were really trying to accomplish by the sign issue and that they should
go forward.
Huhndorf asked if that could be summarized by saying to make a list of
recommendations and go on. Kluge stated they have a list before them and they
had gotten almost through it and the only thing they are missing is the narrative to
Townsite Historic District Board Page 14
Minutes June 25, 1996
lead into the signage for size restrictions and the other item before the group is the
issue of free standing signs or portable changing letters. Kluge stated he believed
those are already in the sign ordinance. Clark stated that was true for particular
areas, residential areas. Kluge stated they would need to incorporate those items
within the Historic District. Kluge stated they have gone through the rationale of
the sign ordinance.
Gray stated that she assumed that was what they were doing, that they were
going to flush this out and make a motion to recommend it to Planning and Zoning.
Kluge stated then P&Z could take it and tell the Board what they think. Gray
stated that she would further suggest that if P&Z wants the Board to have the
public hearing, the Board could do that. Gray stated she is not sure of the
procedure. Gray stated she would think that they have done the groundwork and
that they would take it from there. Moore stated he would agree with that adding
he respect's Kebschull's input as she has been there a while and that she is
probably right that P&Z may kick it back. Moore stated if they do, they can deal
with it then.
Kluge stated that if there is an ordinance that they are proposing to P&Z that tries
to change an ordinance or come up with a new ordinance, is there not a public
hearing required? Gray answered yes. Kluge clarified that when it is incorporated
that there will be a public hearing. Gray added that at that time they could speak
or an elected person could represent the Board at that hearing.
Gray advised they should go on with number 4, free standing signs.
Godek stated she has one question and that is if Kebschull recommends that they
should bring this to the public, and if that is something that we are pretty sure that
P&Z will ask if it has been done, Godek says she understand that they can do what
they are doing. But, why don't they go ahead and plan that so that they don't
have to be told by P&Z to do that and go another month to do that. Moore stated
they cannot have a work session without council's permission. Moore asked if it
would need to go to P&Z and then council or could this body ask for a work
session? Kebschull stated this body could make a motion and ask council.
Kebschull noted that the only reason she had made the recommendation was
because it appeared to her that the Board was going around in circles like has
happened for the last four meetings. Clark inputted that the Board is not following
the rules of order. Kebschull stated if the item needs to be dealt with in a work
session format, then the group should adjourn to a work session and use a work
session format instead of try to cover a meeting that is not following Robert's Rules
of Order. Kebschull stated that as far as public comment, the Board could wait if
they feel they have already gone past that point and have the changes that they
want to make. Kebschull added -hat may be poor hindsight on her part and that
Townsite Historic District Boara Page 15
Minutes June 25, 1996
she should have possibly recommended it earlier adding that when you start
thinking about vocal people in Old Town you realize that they should be allowed
input. Kebschull added another comment that will come up if you recommend that
signs in the Historic District are reviewed by you before they are issued that may
cause some problems. Kebschull noted that in general people come into for a sign
permit the day they are ready to put them up and this Board meets once a month.
Kebschull stated for example you meet today and somebody comes in tomorrow for
a sign permit in the Historic District, does that mean they have to wait 30 days
before it is reviewed,
Gray stated that as much as she feels there needs to be rules and regulations she
has always felt that this Board has been very spontaneous in it's determination to
do a good job. Gray stated that is why as the chairperson she has had difficulty
limiting people to their two times or whatever because she feels that people keep
generating new ideas. Gray stated for example Godek brought up the idea about
what is presently in the sign code. Gray stated that the Board needs to be aware
of all the things this is involved in adding that as the chairperson she wants to do it
the right way and follow the proper channels. Gray stated she didn't really know
the procedure but added she would suggest they do this. Go through the seven
items and at the end of that discussion the Board will decide by a motion what will
be done with the list, if it will go to the City Council or send it on as a
recommendation to Planning and Zoning but let's go through the list.
Gray asked if anyone had any objection to number 4, free standing signs adding
there are a number of free standing signs. Gray stated there are two free standing
signs at the Church which would be grandfathered in. Gray stated she personally
doesn't have a problem with free standing signs adding that if there is a sign size
requirement. Gray stated she does have a problem with five, six, and seven but a
free standing sign that fits the criteria is not a problem. Kluge stated he agrees
with that. Gray asked if they should just delete number four, group consensus.
Gray asked about number 6, portable, changeable, electric or non -electric signs
would not be permitted. Kluge stated he would like to delete that sentence. Gray
stated it could be written like the present sign code saying these are permitted,
these are specifically not permitted. Gray noted that the present sign code is
written that way. Clark noted she had just followed the residential sign code down
the line and changed it. Kluge stated that on item four they just need to scratch
free standing signs are not permitted. Clark stated if it doesn't say it is not
permitted, it is permitted. Kluge stated he is confused asking if they are going to
have a category saying signs that are not permitted adding that if they do that that
under the signs that are permitted they should leave free standing signs. Clark
stated there isn't a category "are permitted," everything is permitted that is not
identified as not permitted. Kluge asked if they could have balloons? Kluge stated
Townsite Historic District Board Page 16
Minutes June 25, 1996
he was just trying to make a point and that he felt they should mention that free
standing signs are permitted. Clark stated then you would have to go through free
standing, wall, political, real estate. Kluge stated they can't limit political but they
could say wall. Gray stated that as you had pointed out, size is the major issue.
Clark reiterated that the code doesn't have to identify that free standing signs are
permitted because all of the signs listed in the front of the ordinance are permitted
unless specifically not permitted adding that any sign not listed is prohibited. Clark
added that they list all of them, free standing, political, etc. Clark stated if you
want to take them out of that list, they must be identified. Kluge stated that in
other words the front list these are all listed and we are saying they are not
permitted. Clark stated they will be taking out signs that they don't want in the
original list adding she doesn't believe balloons are allowed. Gray stated that group
signs would not be permitted nor would lighted signs be permitted.
Kluge stated a lighted sign to him is confusing because you could have a sign that
has a flood lamp on it or you could have back lit sign with flashing lights. Kluge
asked what differentiates between a neon sign and a just a painted sign that you
would like people to see when it is dark outside? Kluge stated he would like to see
excluded are neon signs, the flashing lights, the back lit signs, but if you have a
painted sign and it is dark in the winter, it would be nice to allow them to have a
light on it. Huhndorf asked if he was talking about lighted signs and something
was illuminated that is lighted by a beacon that shines on them to give them
emphasis. Clark noting she didn't have a copy of the code with her asked if it
defined lighted signs? Kebschull stated that in the beginning of the code it goes
through all of these things and they are either allowed or not allowed under the
general sign code. For example, flashing signs of intermittent illumination are not
permitted except time and temperature, automatic changing message signs, and
traditional holiday decorations. Kebschull noted that a lot of these items are
already there so they would be repeating them. The only things that the Board
would want to change is if you wanted to change the original list.
Godek stated it says that any illumination shall be by indirect means and a light
shining on a sign is an indirect light. Gray asked which number that was and
Godek stated it was on page 14-44 before e. Gray read the item. Godek stated it
goes on and read definition for g. Kebschull advised that Godek was reading from
the residential zone which started on page 14-43. Kebschull stated she didn't feel
the Board had a clear picture of the sign code as it stands in the fact that you are
trying to make a code like the residential code or commercial code and just add to
the existing sign code adding that she thought that was where they were getting
confused.
Gray stated she would like to leave lighted signs are not permitted in there
especially if this will go to a work session or further discussion and flush it out at
Townsite Historic District Board Page 17
Minutes June 25, 1996
that time. Gray stated she felt the primary goal was not to have flashing neon
signs there but an indirect illumination that was subtle would certainly be okay.
Kebschull clarified if they meant to take that out and Gray stated yes.
Gray stated that covered the recommendations made by Clark. Gray stated she felt
they should entertain a motion to decide what to do and combine it with a preface
stating the intent of the sign regulations. Kluge asked if Gray had that information.
Gray asked if someone would like to make a motion of what to do with the list of
recommendations.
Kluge stated he would like to make a motion but stated he would like to add one
thing, That being, instead of saying lighted signs just say electric signs and that
way you are not saying you cannot light the sign, we just don't want electric signs.
Kluge stated that they could pull the original verbiage and pick out a few key
sentences to incorporate it into the motion and that way it is all covered by one
motion. Gray stated he could so move.
KLUGE MOVED THAT THE BOARD MAKE A RECOMMENDATION TO PLANNING
AND ZONING TO ADOPT THESE SIGNAGE REQUIREMENTS INTO THE CITY OF
KENAI'S SIGN ORDINANCES FOR THE HISTORIC DISTRICT.
Kluge stated he would like to get a few key sentences to preface these six items.
Gray stated there is a motion on the floor to propose these items identified be
recommended to Planning & Zoning for adoption into the Kenai City sign code.
MOTION SECONDED BY HUHNDORF.
Gray asked for discussion. Kluge asked for a copy of the narrative. Gray read,
"The purpose of the Historic District sign standards are to enhance, protect, and
preserve the distinctive historical character of the historic district. The Townsite
Historic Board .... signs for use in the Historic Townsite District shall be subject to a
design review by the Historic District Board." Kluge asked if they could delete that
and offered to write some of this down noting the first sentence would be a good
opening. Kluge stated they need to skip the part about the review since they
couldn't do that. Kluge asked if the part about scale, character, etc. was part of
that. Gray stated it is further down noting that they were going to ask for a
recommended review not required. Kluge stated no review should be mentioned.
Gray stated it said, "signs shall express the special character of the building or
business." Kluge asked if it should say it is our intent and desire, not saying that
they have to do anything just saying it is our intent. Discussion between Kluge and
Gray about what the statement should say.
Townsite Historic District Board Page 18
Minutes June 25, 1996
Gray asked if anyone wanted to speak to the motion on the floor noting the motion
was to take these items to Planning and Zoning as opposed to having a work
session themselves. Gray stated that if that was Kebschull's recommendation that
perhaps they were jumping the gun and maybe they should have a work session
with the items they have identified tonight. Gray stated that would give them
some time to rewrite the narrative adding that Kluge may want to volunteer to
rewrite the narrative. Kluge noted his motion was to adopt these items with a
narrative adding he would like to take action tonight. Gray stated that the action
needs to address where it will go, to P&Z or a work session. Kluge stated the
motion was to P&Z. Kluge noted the intent of his motion was that they have a
narrative adding that he could give that in three sentences and then it could be
incorporated into the motion.
Kluge read, "The purpose of the Historic District sign standards are to enhance,
protect, and preserve the distinctive historical character of Kenai's Historic District.
Signs should express the special character of one's building or business, have a
style and form which relates to the place of business and be of a size that is in
scale with one's building and street scape as a whole." Kluge stated they said they
"should" do that and it would be up to the owner to define that for himself. Kluge
continued: adding that he didn't think they needed to say anything about historic
correctness Kluge commented that he felt those two sentences went a long way
to informing the public as to what they are trying to accomplish.
KLUGE NOTED HIS MOTION WOULD BE THE SIX ITEMS THEY HAD GONE
THROUGH WITH TWO SENTENCES AS PREFACE TO THE ITEMS TO EXPRESS
THE BOARD'S INTENT.
Gray stated that as the chairperson she wanted to make sure they did the right
think noting Kebschull's recommendation that rather than sending this to P&Z that
a work session be scheduled. Gray commented she felt that Moore agreed with
Kebschull that if it is sent forward at this stage it will be sent back. Moore stated
he is saying that he wouldn't be surprised noting they are their own commission
but they can do what they want.
Gray clarified the motion was to send it to P&Z. Gray stated if that motion fails, a
motion could be made to send it to a work session. Gray advised the Board that
when they vote on the motion, that those are the two things that they should be
thinking about. Clark stated they could amend the motion and take out the part
sending it to P&Z and send it to a work session. Moore stated that if the Board
does that, they would be asking council to allow them to hold a work session.
Moore added that he didn't think there would be an objection to that. Moore stated
his feeling was that he would send it to Planning and Zoning.
Townsite Historic District Beard Page 19
Minutes June 25, 1996
VOTE:
ETHEL CLAUSEN YES MICHAEL HUHNDORF YES
REBECCA GODEK YES BILL KLUGE YES
DOROTHY GRAY YES
UNANIMOUS.
b. Shkituk' Village
Clark advised there was information in the packet regarding the request to council
for funding for the survey, Clark advised that council advised the Board to seek
other funding such as CLG funds. Gray asked if that meant that they turned down
the matching funds portion of it. Clark stated they had said to look at other
funding sources first.
Kluge stated that Mayor Williams seemed to agree with the concept to proceed
with the survey. Kluge stated they felt the Board should explore funds other than
city moneys.
Huhndorf stated that puts more responsibility on his part to seek funds from the
people at KIT. Huhndorf stated he had spoken with people at KIT and they liked
the idea and the idea of bringing in Salamantof and KNA. Huhndorf added he
doesn't know how KNA or Salamantof would feel about it but believes he could
attend their meetings. Huhndorf stated he believed there are members in those
communities who see real value in this. Huhndorf stated he will have that
information for the next meeting.
Gray asked if anyone could think of other sources of funding. Gray stated she
suspects La Shot's letter will get a response relaying the information about cuts in
funding. Moore commented that he was very impressed with the church getting
$250,000 for restoration. Gray corrected Moore stating it was $200,000. Gray
commented that it helped that Senator Stevens is the Chair of the House Resources
Sub -committee on National Parks, Forests, and Lands.
Gray advised that she would put it on the agenda for the next meeting and
Huhndorf could report on possible funding sources.
8. REPORTS:
9. INFORMATION:
a. Bittner Letter dated May 28, 1996
Townsite Historic District Board Page 20
Minutes June 25, 1996
b. National Trust for Historic Preservation Information
Gray advised the group that the west coast director of the National Trust will be in
Kenai Friday and she will be meeting with him for two hours. Gray stated she will
be asking him about possible sources of funds.
c. Preservation Advocate News -- Vol. 5
d. The Alliance Review
10. BOARD QUESTIONS AND COMMENTS:
Councilman Moore thanked Chairperson Gray for her efforts in trying to follow
parliamentary procedure tonight. Moore commented about the two times or ten
minute limit to speaking stating he had not been aware of that rule until they had
received the packet_
Kluge commented that he thinks it gets back to committee work or work sessions
prior to the regular meetings wherein there are items on the agenda for action.
Kluge added that is why it has been happening because the group has been doing
all of the work in the regular meeting. Kluge stated that normally a committee will
take something like this and make a recommendation and then the Board would
take action on it. Kluge continued saying the Board would have a work session,
develop something, and then put in on the agenda for the meeting. Kluge stated
he thought the meetings could be cut down if they did that.
Gray advised they are learning. Gray stated they would have their next meeting
July 23, 1996, at 7 p.m,
1 1 . ADJOURNMENT:
Meeting adjourned at 8:40 p.m,
ResDectfullvJSubmitted :
{
Marilyn Kebschull
Administrative Assistant
Townsite Historic District Boara Page 21
Minutes June 25, 1996
_ w ' : l,i a e' I. " n n
10-
Kenai Visitors & Convention Bureau
May 10, 1996 - Regular Meeting - 12:00 Noon
President Frank Fiala Presiding
MINUTES
A. CALL TO ORDER & WELCOME OF NEW BOARD MEMBERS
The meeting was called to order at 12:00 noon and Will Jahrig was recognized as our
newest board member.
B. ROLL CALL
Directors Present: Frank Fiala, Ron Malston, Diane Lofstedt, Ron Rainey, Jim Bookey,
Linda Cutler, Will Jahrig, Marion Nelson, Sandra Vozar.
C. APPROVAL OF AGENDA
Agenda was approved as presented.
D. APPROVAL OF MINUTES
The minuets of the April meeting were approved as presented.
E. PERSONS SCHEDULED TO BE HEARD -NONE
F. UNFINISHED BUSINESS
1. EXECUTIVE DIRECTOR'S REPORT
In addition to the written report, Kim reported on her Involvement with Korean
Airlines & Sunset Travel magazine. Both of these were the product of long term
relations built with the KPTMC as well as the ATMC and ADoT.
2. COMMITTEE REPORTS
2.1 EXECUTIVE COMMITTEE
A. REVIEW GENERAL FUND BUDGET 4/30/96
All spending was found within budget. As we near the end of the fiscal
year concern was expressed in reference to the travel & expense line
item. it was discussed for some time and decided that the overall budget of
$223,000 was the bottom line that should not be altered If possible. It
was further expressed that the Director should not curtail travel as there
were important small trips still on the books.
B. REVIEW GAMES OF CHANCE AND SKILL BUDGET 4/30/96
All spending was found to be within budget. The revenue is still very low
compared to last year at this time.
2.2 VISITOR'S SERVICES REPORT
A. RETAIL COMMITTEE REPORT
1. APPROVAL OF POLICY V-II
Marion Nelson motioned to approve Kenai Visitors & Convention
Bureau, Inc. Policy V-II (retail). Motioned carried with
unanamious consent. President Frank Fiala assured the board that
this policy was a good policy and the intant is to promote the
center and not to harm private enterprise.
2.3 EXHIBIT / DISPLAY REPORT
A. KENAI PERFORMERS UPDATE
This was discussed in the Executive Director's report.
B. KENAI CULTURAL COUNCIL REPORT
The Cultural Council is meeting on a monthly basis and will continue
through the summer. Ron Rainey is the liaison from this Board.
�.1.^.. _ -
2.4 MEETINGS / CONVENTION REPORT
It was noted that between May and September 1996 there will be 7
conventions in town with the smallest around 50 people and the largest
around 200. This is the result of our marketing efforts over the past 2
years.
G. OLD BUSINESS- None reported
H . NEW BUSINESS
A. DISCUSSION - SUMMER BOARD MEETINGS & TIMES
After great discussion it was decided that early morning meetings would be best for the
summer months. It was felt to take the summer off from meetings would be detrimental
to the organization-
B. DISCUSSION - AIRPORT VISITOR SERVICES DESK
it was agreed that if possible we should staff the desk at the airport from June thru
August. At this point the volunteers appear to like the idea of working at the airport and
welcome the challenge.
C. DISCUSSION - SUMMER BUSINESS HOURS
It was agreed that to be open longer in the evening would be a plus_ The recommendation
was made to staff the visitor center from 10 A.M. to 8 P.M.
D. DISCUSSION - BETTER SIGNAGE TO KENAI FROM THE "Y" IN SOLDOTNA
(GEORGE CHURCH)
Fred Braun worked on the original signage and would be the person to talk to George.
E. DISCUSSION - RESOLUTION TO SUPPORT THE ALASKA HUMANITIES
FORUM PROJECT, COMMUNITIES OF MEMORIES
A motion was made and seconded to support the Resolution for the Alaska Humanities
Forum Project, Communities of Memories.
I , COMMENTS AND QUESTIONS BY VISITORS AND MEMBERS OF THE BOARD..
J : NEXT MEETING DATE - MONDAY, JUNE 10, 1996 - 8:00 A.M.
K. ADJOURNMENT
Meeting was adjourned at approximately 1-30 P.M.
A.
B.
C.
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 19, 1996
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
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.
SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Suzanne Miller - James G. "Bud" Dye Memorial Request.
PUBLIC HEARINGS
1. Ordinance No. 1700-96 - Amending Kenai Municipal Code
1.85 to Remove the Requirement That Department Heads
File Financial Disclosure and Conflict of Interest
Statements.
2. Ordinance No. 1701-96 - Amending Kenai Municipal Code
1.85.020(b) to Remove Some Conflicts Between State and
City Requirements for Financial Disclosure and
Reporting Conflicts of Interest.
3. Ordinance No. 1702-96 - Increasing Estimated Revenues
and Appropriations by $30,000 in the Parks Restrooms
Capital Project Fund for Construction of a Restroom in
the Municipal Park on Forest Drive.
4. Ordinance No. 1703-96 - Increasing Estimated Revenues
and Appropriations by $6,210 in the Boating Facility
and General Fund for the Purchase of a Boat Motor and
Mustang Suits Damaged in the Kenai River Flood.
5. Ordinance No. 1704-96 - Amending the Kenai Municipal
Code by Adding Chapter 14.20.095 to Establish a Prime
Residential Zone and Amending the Land Use and
Development Requirements Tables.
-1-
6. Resolution No. 96-44 - Accepting a $5,000 Grant From
the Alaska Science and Technology Foundation to
Continue the Development of the Alaska Challenger
Learning Center.
7, Resolution No. 96-45 - Accepting a $5,000 Grant From
the Alaska Industrial Development and Export Authority
to Continue the Development of the Alaska Challenger
Learning Center.
8. Resolution No. 96-46 - Transferring $5,000 in the Water
and Sewer Special Revenue Fund for Painting Wellhouses
and Chemical Buildings.
9. Resolution No. 96-47 - Awarding a Contract for the
Construction of the Thompson Park Improvements -
Production Well No. 3 to Peninsula Construction, Inc.
for the Total Construction Amount of $621,500.00 Which
Includes the Basic Bid and Additive Alternate No. 1.
10. Resolution No. 96-48 - Transferring $1,913 in the
General Fund for Payroll and Accounts Payable Checks.
11. Resolution No. 96-49 - Transferring $2,148 in the
General Fund to Purchase a Computer for the Finance
Department,
12. Resolution No. 96-50 - Transferring $1,560 in the
General Fund for Management Training Tape Subscription
Services.
13. Resolution No. 96-51 - Transferring $5,000 in the Water
System Improvements 196 Capital Projects Fund for
Engineering Services.
a. Consideration of Resolution No. 96-51.
b. Consideration of Wm. J. Nelson & Associates
Proposal to Provide Project Inspection for the
Thompson Park Improvements Production Well No. 3.
14. Resolution No. 96-52 - Transferring $11,414 in the
General Fund for a Severance Package for the City
Manager.
15. Resolution No. 96-53 - Transferring $10,500 in the
General Fund for Fuel Purchases.
16. Resolution No. 96-54 - Transferring $4,568 in the
General Fund for Drawings and Cost Estimates for the
Kenai Beach Dunes Project.
-2-
1.7. Resolution No. 96-55 - Transferring $11,756 in the
General Fund for Legal Expenses Relating to Inlet Woods
Special Assessments.
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
a. Beautification Committee
b. Historic District Board
C. Challenger Steering Committee
d. Kenai Visitors & Convention Bureau Board
E. MINUTES
1. *Regular Meeting of June 5, 1996.
F. CORRESPONDENCE
G. OLD BUSINESS
1. Discussion - Leif Hansen Memorial Park Policies and
Procedures.
2. Discussion - Cherrier Paving Request/Mission Street
3. Discussion - Kenai Animal Control Shelter.
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. Approval - Special Use Permit Extension - Bierdeman
Logging.
4. Approval - Assignments of Lease/Lot 9, Block 1., Cook
Inlet Industrial Air Park:
a. Assignment of Lease - Ronald J. Johnson and
Charles Grimm to Harry O. Johnson, III and Diane
H. Johnson.
-3-
b. Assignment of Lease for Security Purposes - Harry
O. Johnson, III and Diane H. Johnson to Ronald J.
Johnson and Charles Grimm.
C. Assignment of Lease for Security Purposes - Harry
O.. Johnson, III and Diane H. Johnson to First
National Bank of Anchorage.
5. Discussion - Matching Funds Request/Historic District
Board - Archeological Study of Shkituk' Village
Interpretive Site Location.
6. Discussion -- Kenai/Soldotna Sewer Line Feasibility
Study.
7. Discussion - Industry Appreciation Picnic.
EXECUTIVE SESSION - City Manager Severance Agreement/Package.
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
K. ADJOURNMENT
-4-
RENAI CITY COUNCIL - REGULAR MEETING
JUNE 19, 1996
7:00 P.M.
RENAI 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:
MOVE: C-14 TO FIRST ORDER OF BUSINESS UNDER
ITEM C as follows:
a. Suspension of City Manager
b. Schedule termination hearing for August 7,
1996
C. Table Resolution No. 96-52 indefinitely.
ADD TO: G-1, Memorial Park Discussion - 6/15/96 letter from
Roger & Francis Meeks in regard to use of the park.
ADD TO: H-2, Purchase Orders Exceeding $2,500 - Purchase Order
to Alaska Airgas in the amount of $7,344.10.
H-2, Purchase Orders Exceeding $2,500 - Purchase Order
to Sterchi Construction for placement of basketball
court at Municipal Park/$5,000.
MOTION:
Councilman Measles MOVED to move the discussion item intended for
the executive session to Item 14a, prior to the other
discussions. Councilman Bannock SECONDED the motion and
requested UNANIMOUS CONSENT.
Councilman Smalley objected to unanimous consent.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 2
VOTE:
Swarner: Yes
Bannock: Yes
Bookey: No.
MOTION PASSED.
Moore: Yes
Smalley: No
Measles: Yes
Williams: No
Mayor Williams noted the first item under C-14 will be discussion
of the employment agreement.
MOTION:
Councilman Smalley MOVED for approval of the agenda as amended
and Councilwoman Swarner SECONDED the motion. There were no
objections. SO ORDERED.
A-6.
CONSENT AGENDA
Mayor Williams noted he had no changes to the consent agenda.
MOTION:
Councilman Smalley MOVED for approval of the consent agenda as
presented and Councilman Bookey SECONDED the motion. There were
no objections. SO ORDERED.
ITEM B: SCHEDULED PIIBLIC COMMENT
B-1. Suzanne Miller - James G. "Bud" Dye Memorial Request.
Ms. Miller was not available for this presentation.
ITEM C: PUBLIC HEARINGS
C-14. Resolution No. 96-52 - - Transferring $11,414 in the
General Fund for a Severance Package for the City
Manager.
C-14a. Discussion of severance Agreement/Package (moved from
executive session position).
Mayor Williams noted the employment agreement with the city
manager would be discussed first, as amended by council.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 3
Verbatim
Councilman Measles: I think we council should pursue some kind
of resolution to this thing. We have a good man in the city
manager's position. As far as I can tell, he's doing a good job.
If it's just a matter of some philosophical differences, to which
he was not made aware of until an executive session a couple of
months ago, surely there is a way to resolve those issues and get
on with doing the city's business.
Councilman Bannock: It has been a long, on -going situation, as
Mr. Measles has said, for the last couple of months and I would
gauge our performance as a council as very poor in this. Mr.
Manninen is the answer to the City of Kenai, I'm sorry, Mr.
Manninen answers to the City of Kenai -- all 7,000 of us. I have
yet to hear any convincing arguments that the 7,000 are in an
uproar over the direction that our city has gone.
It was pointed out to me, that after the Chamber lunch today, the
City of Kenai seems to be on very solid footing, going in the
right direction. The State of Alaska is not doing their fair
share to help us out. But as a person new to our area pointed
out to me, I would like to think that a large majority of that
congratulation belongs on the shoulders of Mr. Manninen.
This council can certainly share part of that congratulations,
but Mr. Manninen is our city manager and I, people are not
revolting in the streets. I think what we've done has been has
been incredibly unfair; been uncalled for; and incredibly
unprofessional. I'm sorry to be a part of it and I hope that by
the end of tonight, our agreement with Mr. Manninen will stand
and he will continue to be our city manager. Thank you.
C-14b. Suspension of City Manager.
Mayor Williams: Councilman Bookey.
Councilman Bookey: Mr. Mayor, I would like to make a motion...
MOTION:
Councilman Bookey MOVED under Section3-1(b) of the Kenai City
Charter to suspend City Manager Thomas J. Manninen with pay
effective immediately. Councilman Smalley SECONDED the motion.
Councilman Bannock: Mr. Mayor?
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 4
Mayor Williams: Yes.
Councilman Bannock: Because this falls under a public hearings,
are we going to open that up to the public, for public comment on
that particular motion?
Mayor Williams: We'll have a public hearing on the resolution,
which action on that resolution will follow, and let me say that
as we continue, you'll see that the public will have ample
opportunity to discuss this matter with the council later.
Councilman Measles?
Councilman Measles: Which resolution are you talking about?
Mayor Williams: All right, the public portion of the business,
the public hearing, would have been Resolution No. 96-52...
Councilman Measles: That's right, but if we table that motion,
the public does not have a chance to comment.
Mayor Williams: That's correct. There is no need at this time
for the council to entertain public input. There will be
provisions for public input later as will be seen.
Councilman Bannock: Mr. Mayor?
Mayor Williams: Yes.
Councilman Bannock: I'm sorry to belabor this, but Item C-14 is
a public hearing and we simply broke down Item C-14 into a, b,
and c. So, Item C-14a is part of a public hearing.
Mayor Williams: I beg to differ with you and I will defer to the
City Attorney for a ruling on the...
Attorney Graves: The public hearing is on the resolution. This
is a separate item from the resolution.
Mayor Williams: The Chair will so rule that this item is
separate from the intended resolution that was first identified
as C-14 on the agenda. All right. Councilman Measles.
Councilman Measles: Could I ask then how much later will it be
when the public has a chance to speak on this?
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 5
Mayor Williams: I think as we approach Item C-14b that will
become apparent. Is there any further discussion? Seeing none,
the Clerk will call the roll.
VOTE:
Swarner: Yes
Bannock: No
Bookey: Yes
MOTION PASSED.
Moore: Yes
Smalley: Yes
Measles: No
Williams: Yes
Mayor Williams: The city manager, by a vote of five to two, has
been suspended with pay. Next item of business will be C-14b.
Councilman Bookey.
C-14c. Schedule Termination Hearing for August 7, 1996.
Councilman Bookey: Mr. Mayor, I would like to make a motion.
MOTION:
Councilman Bookey MOVED under Section 3-1(b) of the Kenai City
Charter to give notice of the proposed removal of the Kenai City
Manager and schedule a public hearing on his removal for the
August 7, 1996 City Council Meeting and that written notice of
the reasons for his removal shall be given to Mr. Manninen
immediately following the July 3, 1996 council meeting.
Councilman Smalley SECONDED the motion.
Mayor Williams: It has been moved and seconded then under the
terms of the City Charter, to hold a meeting on August the
seventh. The meeting will be public meeting, which the public
will have the opportunity to hear both sides of the story. At
that time, we will review the entire issue and determine whether
or not Mr. Manninen's contract should be continued with the city.
The precipitation of this was brought about by Mr. Manninen
himself, who delivered to each member of the city council
yesterday, a request that he wanted an open discussion, not a
closed executive session on the city manager's contract. The
Charter requires that when the council discusses the termination,
or when the council determines that it's time to terminate the
city manager under any circumstance, that the public be given a
thirty -day notice and a public hearing be had.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 6
It's a strange anomaly that we have within the Charter itself.
The Charter clearly states that we must have at least five votes
and a thirty -day period in order to suspend the city manager, or
to terminate. Now, the city manager's contract expires July the
31st. Even after the council or the city manager's contract has
expired, the city manager still works on an at -will contract with
the city council and continues to do so on a thirty -day basis
until such time as that thirty -day period can be held and a
public hearing on the issue had. So, that's the reason that we
have to go do a thirty -day period for this period. It's an
anomaly of the Charter. It's part of the democratic process. It
can lead to some confusing issues at times, but it is there.
Any discussion from the council in regard to the motion? Seeing
none then, the Clerk will call the roll.
VOTE:
Swarner: Yes
Bannock: No
Bookey: Yes
MOTION PASSED.
Moore: Yes
Smalley: Yes
Measles: No
Williams: Yes
C-14d. Table Resolution No. 96-52 Indefinitely.
Mayor Williams: The next order of business will be the tabling
of Resolution 96-52. Councilman Bookey.
MOTION:
Councilman Bookey MOVED to table Resolution No. 96-52
indefinitely. Councilman Smalley SECONDED the motion.
Mayor Williams: It has been moved and seconded to table the
resolution indefinitely. Understand that the tabling of a
resolution or the call for *cabling is non -debatable, however, I
will take the liberty to explain what that resolution is.
That resolution was a resolution to transfer $11,375 in the
General Fund for severance pay for the city manager. The reason
for that amount is that amount lies beyond the fiscal year --
lies in the next fiscal year and not in this fiscal year. The
intent was to transfer it from the next fiscal year back into
this fiscal year so tkat the total amount owed to Mr. Manninen
could be paid to him should it be determined that there would be
a termination for reasons of if Mr. Manninen chose to leave.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 7
According to my notes, that would have brought the amount of
money that the city council would pay to Mr. Manninen to
terminate his contract to a gross amount of $24,000 and some odd
dollars. That's the reason for that resolution.
Is there any discussion from council? Seeing none then, the
clerk will call the roll on the resolution.
VOTE:
Swarner: Yes
Bannock: Yes
Bookey: Yes
MOTION PASSED.
Moore: Yes
Smalley: Yes
Measles: No
Williams: Yes
Mayor Williams: All right. That concludes the business of Item
C-14 in its entirety for this period. We'll take a short break.
The city manager, you're...
Councilman Measles: Could I ask a question before we take a
break?
Mayor Williams: Yes
Councilman Measles: How can we schedule a termination hearing
before the council has voted to terminate?
Mayor Williams: Under the terms of the Charter, we have
established a public hearing for August the seventh to determine
whether or not the city manager should be terminated. Between
now and then, the council has taken action to suspend, with pay,
the city manager.
All right, we'll take a five-minute break.
City Manager Manninen: Could I ask for two clarifications?
Mayor Williams: Yes.
Manninen: One is, is there any reason why the reasons are going
to be given following the July third, 1996 meeting and not
immediately? Apparently people feel good enough to vote for this
now, they must have their reasons now. And secondly, since the
vote has already been taken, am I out of line being here or
should I be somewhere else, in the audience or at home?
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 8
Mayor Williams: Well, in answer to the first question, the
council wants to properly prepare. Okay, for the edification of
the general public and you, our specific reasons for seeking of
the closure of our contractual agreement. The period of July
third falls well within the thirty -day period required under the
terms of the Charter, the period from July third to August
seventh. We have plenty of time within that thirty -day period.
In other words, we have a thirty -day window there.
As to the answer to your second question, you have been
suspended.
Mr. Manninen: Okay, then I have a third question on this if
you'll entertain it? Why August seventh termination date?
Mayor Williams: That, again, following the Charter, is required,
the thirty days is required by the Charter as a public notice
period before we can have the hearing.
Mr. Manninen: Is notice considered right now or notice
considered after publication?
Mayor Williams: Well, the Charter clearly says it must be at
least thirty days. The fact that it's a little longer than
thirty days is more for the convenience of the council.
Mr. Manninen: It doesn't make sense to me Your Honor, but I'll,
it's the decision and I'll go with it.
Mayor Williams: Thank you Mr. Manninen.
Councilman Bannock: Mr. Mayor?
Mayor Williams: Councilman Bannock.
Councilman Bannock: August seventh?
Mayor Williams: That will be the first general meeting...
Councilman Bannock: Wouldn't there be a meeting on August first?
Mayor Williams: That's a Thursday.
Councilman Bannock: I'm sorry, it's Thursday. I don't have a
calendar in sight.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 9
Mayor Williams: It's the general meeting in August. All right,
again. We'll take an at east for about five minutes.
Mr. Manninen: Am I excused?
Mayor Williams: Yes.
BREAK TAKEN: 7:22 P.M.
BACK TO ORDER: 7:28 P.M.
verbatim Continued:
Mayor Williams: All right, we'll call the regular Kenai City
Council Meeting back to order. We'll continue with the regular
line of business, before we do it, I'd like to ask Chief Morris,
who the council would like to have serve as the Temporary City
Manager continuing in the capacity that he has been for the last
couple weeks. Please join us.
(Chief Morris took his place at the dias as City Manager.)
Mayor Williams: I think in order to keep the record straight
too, there should be a motion from the council with regard to
Councilman Morris' position as Temporary City Manager. As you
know, originally, the City Manager had appointed him until this
morning. The City Manager took over again this morning and
continued in that position until this afternoon or until this
evening, so, the Chair will entertain a motion. Councilwoman
Swarner.
MOTION:
Councilwoman Swarner MOVED that Police Chief Dan Morris be the
Acting City Manager for no more than three weeks at this point.
Councilman Smalley SECONDED the motion.
Mayor Williams: It's been moved and seconded that for the next
three weeks Chief of Police Dan Morris will be the Acting City
Manager.
I should also say that should this issue come to a full public
hearing, and it does not necessarily have to, but should it come
to a full public hearing and should there be anyone from the
general public that wishes to write a letter regarding the
matter, either in favor of Mr. Manninen or in favor of the city
council's position, please feel free to address all of those
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 10
letter to us at City Hall. You may write to any member of the
city council or to me personally. All those letters should be
mailed here in care of the Clerk at City Hall.
All right, with that then we do have a motion on the floor. The
Clerk will call the roll:
VOTE:
Swarner: Yes Moore: Yes Measles: Yes
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes
MOTION PASSED UNANIMOUSLY.
Verbatim End.
C-le Ordinance No. 1700-96 - Amending Kenai Municipal Code
1.85 to Remove the Requirement That Department Heads
File Financial Disclosure and Conflict of Interest
Statements.
MOTION:
Councilman Smalley MOVED for adoption of Ordinance no. 1700-96
and Councilwoman Swarner SECONDED the motion.
There were no public comments. Williams stated he was uncertain
whether department heads should not have to file conflict of
interest forms. His concern was due to the difficulty years ago
when a department head was made an interim city manager and while
the interim city manager, his private business contracted with
the city to provide a service. It was noted the change in the
ordinance would not exempt the city manager, city attorney,
clerk, Planning & Zoning Commission, or councilmembers.
VOTE:
Swarner: Yes Moore: Yes Measles: Yes
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 11
C-2. Ordinance No. 1701-96 - Amending Kenai Municipal Code
1.85.020(b) to Remove Some Conflicts Between State and
City Requirements for Financial Disclosure and
Reporting Conflicts of Interest.
MOTION:
Councilman Smalley MOVED for adoption of Ordinance No. 1701-96
and Councilwoman Swarner SECONDED the motion.
There were no public or council comments. Williams noted the
purpose of the ordinance was to clean up the city's ordinance to
conform with state law.
VOTE:
Swarner: Yes
Bannock: Yes
Bookey: Yes
Moore: Yes
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
Measles: Yes
Williams: Yes
C-3. Ordinance No. 1702-96 - Increasing Estimated Revenues
and Appropriations by $30,000 in the Parks Restrooms
Capital Project Fund for Construction of a Restroom in
the Municipal Park on Forest Drive.
MOTION:
Councilman Bookey MOVED for adoption of Ordinance No. 1702-96 and
Councilman Smalley SECONDED the motion.
There were no public comments. Williams noted the new restroom
would be similar to the new park strip restroom. Councilman
Bannock stated he thought it was important for the audience to
know the $30,000 would only partially fund the building of the
restroom. An additional $20,000 was included in the 96/97 budget
to add to the $30,000.
VOTE:
Swarner: Yes
Bannock: No
Bookey: Yes
MOTION PASSED.
Moore: Yes
Smalley: Yes
Measles: No
Williams: Yes
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 12
C-4. Ordinance No. 1703-96 - Increasing Estimated Revenues
and Appropriations by $6,210 in the Boating Facility
and General Fund for the Purchase of a Boat Motor and
Mustang Suits Damaged in the Kenai River Flood.
MOTION:
Councilman Bookey MOVED for adoption of Ordinance No. 1703-96 and
Councilwoman Swarner SECONDED the motion.
There were no public comments. Councilman Moore referred to
minutes of the Harbor Commission meeting wherein it stated an
outboard motor had been purchased. Moore asked if this was the
same outboard and it had already been purchased prior to coming
to council. Fire Chief Burnett answered the resolution strictly
pertained to the boat and motor used for the flood operations.
The boat would not be replaced, but the motor and two survival
suits would be.
Moore asked if the items had already been purchased. Burnett
answered no, they had been waiting for monies from the Borough.
VOTE:
Swarner: Yes
Bannock: Yes
Bookey: Yes
Moore: Yes
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
Measles: Yes
Williams: Yes
C-5. Ordinance No. 1704-96 - Amending the Kenai Municipal
Code by Adding Chapter 14.20.095 to Establish a Prime
Residential Zone and Amending the Land Use and
Development Requirements Tables.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance no. 1704-96
and Councilwoman Swarner SECONDED the motion.
There were no council comments. Councilman Bannock explained the
Planning & Zoning Commission, at their last meeting, had voted to
reconsider their resolution (from which this ordinance was
based). Bannock suggested :council table action on Ordinance No.
1704-96 until the Planning & Zoning Commission takes action on
the reconsideration at their next meeting.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 13
MOTION:
Councilman Bannock MOVED to postpone action on Ordinance no.
1704-96 until action has been taken by Planning & Zoning
Commission. Councilman Smalley SECONDED the motion.
VOTE:
Swarner: Yes
Bannock: Yes
Bookey: Yes
Moore: Yes
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
Measles: Yes
Williams: Yes
C-6. Resolution No. 96-44 - Accepting a $5,000 Grant From
the Alaska Science and Technology Foundation to
Continue the Development of the Alaska Challenger
Learning Center.
MOTION:
Councilman Bannock MOVED for approval of Resolution No. 96-44 and
Councilman Smalley SECONDED the motion and requested UNANIMOUS
CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-7. Resolution No. 96-45 - Accepting a $5,000 Grant From
the Alaska Industrial Development and Export Authority
to Continue the Development of the Alaska Challenger
Learning Center.
MOTION:
Councilman Bannock MOVED for approval of Resolution No. 96-45 and
Councilman Bookey SECONDED the motion. Councilman Smalley
requested UNANIMOUS CONSENT.
There were no public or council comments.
VOTE:
There were no objections. 80 ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 14
C-8. Resolution No. 96-46 - Transferring $5,000 in the Water
and Sewer Special Revenue Fund for Painting Wellhouses
and. Chemical Buildings.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-46 and
Councilwoman Swarner SECONDED the motion and requested UNANIMOUS
CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-9. Resolution No. 96-47 - Awarding a Contract for the
Construction of the Thompson Park Improvements -
Production Well No. 3 to Peninsula Construction, Inc.
for the Total Construction Amount of $621,500.00 Which
Includes the Basic Bid and Additive Alternate No. 1.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-47 and
Councilman Bookey SECONDED the motion.
There were no public comments. Acting Public Works Director La
Shot reported there had been some discussion that the contractor
might attempt to do the mechanical work within the wellhouse
under his general contractor's license. La Shot stated he didn't
have an answer as to whether it was legal, but the city's
contract covered it very well as far as the obligations of state
law. That information would be forwarded to the general
contractor.
Williams noted the question was whether the work could be done
without a specific mechanical administrator's license. Williams
stated Administration should keep an eye on it and make sure that
everything goes forward as JL.t was supposed to.
Councilman Moore asked if it was appropriate to award a bid to an
individual who the city was not sure was qualified -- if it was
found that they were not qualified to do the mechanical work,
would the work have to be re -bid. La Shot answered, it was his
understanding that the general contractor had considered doing
the work himself. He also understood the contractor had
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 15
subcontractor quotes he could use. As far as the contract
documents submitted to the city, all indicate the contractor is
qualified for the contract.
Councilman Bookey asked if, once the clarification was made that
they could or could not do the mechanical work, if they couldn't
do the work, they would bring in a mechanical contractor to do
the work. La Shot answered yes.
Councilwoman Swarner asked if this was a local firm and if they
had done work in the area in the past. La Shot answered it was a
local firm. Those involved are relatives of Doyle Construction
who had taken over that construction company.
VOTE:
There were no objections. SO ORDERED.
Williams requested council approval for Administration to review
the residual water and sewer grant monies left within the system.
La Shot stated approximately $1.35 million had been appropriated.
With this contract, what had been expended, and some future
utilities, he thought it would be about $1.9 million, leaving
approximately $450,000.
Williams reminded council they had been requested by Habitat for
Humanities to extend water and sewer mains to properties on which
they were wanting to build homes. He requested the following
information be forwarded to council for the July 3, 1996 council
meeting:
1. Do the arbitrage associated with grant monies fall directly
to the grant itself and under the same use restrictions as
the grant.
2. If the arbitrage falls to the General Fund rather than the
grant fund, could the city use those funds as a contribution
for the construction of the water/sewer mains to the Habitat
properties.
3. If not, with $450,000 available, would it be appropriate for
council to consider an LID in that neighborhood if
approached by Habitat for Humanities.
4. If an LID is proposed, how much would it cost the city above
and beyond the $30,000 (amount thought to be what it would
cost to extend the water/sewer mains and the amount Habitat
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 16
for Humanities had requested during budget sessions).
(Smalley requested this information.)
C-10. Resolution No. 96-48 - Transferring $1,913 in the
General Fund for Payroll and Accounts Payable Checks.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-48.
Councilwoman Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections to the motion. SO ORDERED.
C-11� Resolution No. 96-49 - Transferring $2,148 in the
General Fund to Purchase a Computer for the Finance
Department.
MOTION:
Councilwoman Swarner MOVED for approval of Resolution No. 96-49
and Councilman Smalley SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-12. Resolution No. 96-50 - Transferring $1,560 in the
General Fund for Management Training Tape Subscription
Services.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-50
(for discussion purposes) and Councilman Bannock SECONDED the
motion.
There were no public comments. Councilman Bannock, referring to
the third whereas, stated he thought that since council did not
see the city manager as beneficial to the city they would find
this resolution not beneficial either.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 17
Acting City Manager Morris reported a contract was signed by GSTN
in April to continue the service through April, 1997. The money
was not budgeted. GSTN was contacted but they would not back out
on the agreement.
Swarner asked if the tapes were used. Morris answered, they were
used for staff training and for personnel training in other
departments. The tapes were purchased, not rented. Williams
noted the contract could not be reneged upon.
Councilman Measles stated the council could suspend the contract
as they had just suspended another contract. Williams stated,
Measles' statement was a misstatement. He added, the contract
would have expired on July 31 and the gentleman was being paid
through July 31. The city was not reneging on any contract.
VOTE:
Swarner: Yes Moore: Yes Measles: Yes
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes
MOTION PASSED UNANIMOUSLY.
C-13. Resolution No. 96-51 - Transferring $5,000 in the Water
System Improvements 196 Capital Projects Fund for
Engineering Services.
C-13a. Consideration of Resolution No. 96-51.
MOTION:
Councilman Bannock MOVED for approval of Resolution No. 96-51 and
Councilman Smalley SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-13b. Consideration of Wm. J. Nelson & Associates Proposal to
Provide Project Inspection for the Thompson Park
Improvements Production Well No. 3.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 18
MOTION:
Councilman Smalley MOVED for approval. of Resolution No. 96-51(b)
(the contract for inspection). Councilwoman Swarner SECONDED the
motion.
There were no public comments. Acting Public Works Director La
Shot explained the $5,000 transfer was within the budget from
contingency to engineering. Originally, $50,000 was budgeted and
the proposal came in over it and left a small contingency within
that budget item.
Moore asked if the 150-day construction period coincided with the
RFP. La Shot answered, they had a 150 calendar day contract with
the contractor..
VOTE:
There were no objections. SO ORDERED.
C-14. Resolution No. 96-52 - Transferring $11,414 in the
General Fund for a Severance Package for the City
Manager.
Item was moved forward and placed prior to C-1.
C-15. Resolution No. 96-53 - Transferring $10,500 in the
General Fund for Fuel Purchases.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-53 and
Councilwoman Swarner SECONDED the motion and requested UNANIMOUS
CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-16. Resolution No. 96-54 - Transferring $4,568 in the
General Fund for Drawings and Cost Estimates for the
Kenai Beach Dunes Project.
KENAI CITY COUNCIL
JUNE 19, 1996
PAGE 19
MOTION:
MEETING MINUTES
Councilman Moore MOVED for approval of Resolution No. 96-54 and
Councilman Bookey SECONDED the motion.
There were no public comments. Williams asked what the full
price of the project would be. La shot answered he believed the
state asked to keep the cost down near or under $100,000.
Williams noted the amount began with $185,000 and since then the
state had revised the amount to $140,000 and then to $100,000.
Williams asked if there would be much of a project done for the
$100,000 or would the city have to match funds.
Wm. Nelson (in the audience) explained the project would be
structured per lineal foot for the boardwalks. The amount of
work done could be adjusted up or down by the bids that are
received. The city's costs, until the grant monies are received,
would be the engineering costs. After the grant monies are
received, the project would be done within the budget.
Williams suggested there could be workers hired through the youth
core.
Bannock stated he would support the resolution, however he was
hesitant as he considered the project an "if -come -maybe" project.
He asked if there was a good chance the city would be able to pay
for the project with grant funds.
Nelson stated Fish & Game told him this project was one of many
vying for Exxon Valdez settlement funds and they like the
project. It was a formality for the city to have a detailed cost
estimate submitted in order to receive the grant. There now is a
verbal agreement. He added, Fish & Game was not as interested in
the stairway portion of the project (from Forest to the beach),
but were more interested in the beach side of the project. It
would be hard to spend $100,000 on the beach side of the project
(putting in boardwalks, etc..) and there should be enough funds
left to place the stairway.
Bannock stated he was a little hesitant for the city to put in
$5,000 for $100,000 but he would support it. He did encourage
administration to closely watch the project.
VOTE:
There were no objections. SO ORDERED.
KENAI CITY COUNCIL, MEETING MINUTES
JUNE 19, 1,996
PAGE 20
C-17. Resolution No. 96-55 - Transferring $11,756 in the
General Fund for Legal Expenses Relating to Inlet Woods
Special Assessments.
MOTION:
Councilman Smalley MOVED for approval of Resolution No. 96-55 and
Councilman Bookey SECONDED the motion.
Bob Peters (from the audience) asked if the matter would ever
end. Williams explained, closure of the matter was closer now
than it has ever been, however that had been said before.
Council had no choice but to continue.
VOTE:
There were no objections. SO ORDERED.
BREAK TAKEN: 7*55 P.M.
BACK TO ORDER: 8.15 P.M.
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging
No report.
D-2. Airport Commission
Councilman Measles reported there was no quorum and thus, no
meeting.
D-3. Harbor Commission
Councilman Bookey reported the last meeting of the Commission was
held on June 10. The minutes of the meeting were included in the
packet. The Commission briefly discussed the dunes and Nelson
would be talking with Cherrier about incorporating pilings into
the project.
D-4. Library Commission
Councilman Moore explained the minutes of the last meeting were
included in the packet. The building committee would be meeting
on Saturday to discuss design, etc. of the proposed addition.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 21
D-5. Parks & Recreation Commission
Councilman Bannock reported the minutes of the last meeting were
included in the packet. Engineering Technician Rachel Clark
reported the Commission discussed the master plan of the
Daubenspeck property. She noted the Commission passed a motion
to keep the property as a park area until the property is leased
or traded. Clark added, the property could be traded for other
park property if desired.
Bannock referred to the Commission's request to move their next
meeting from July 4 (a holiday) to July 11.
MOTION:
Councilman Bannock MOVED to change the next Parks & Recreation
Commission date from July 4 to July 11. Councilman Smalley
SECONDED the motion. There were no objections. SO ORDERED.
D-6. Planning & Zoning Commission
Bannock reported he attended the meeting in Smalley's place.
Most of the meeting discussion was about the proposed Prime
Residential Zone and the airport buffer zone. The Commission is
divided as to what to do with the airport buffer zone. They were
given a recommendation from the Airport Manager to wait until
after the Airport Master Plan Update was completed before going
forward with the buffer zone suggestion.
Bannock added, there were three different motions made in regard
to the buffer zone, i.e., the city purchase the property, the
chairman address the council regarding the property, and
scheduling a public hearing to buy the property. The Commission
wants to either kill the matter or pass it on to council for
action. There has been a lot of public input on it and, although
he is not in agreement with the idea, the people were due their
hearing. Additionally, the matter had been to the Airport
Commission twice, and to Planning & Zoning a number of times.
Smalley added, a lot of the discussion Planning & Zoning had had
on the matter since January was based on concerns of some people
living in the Woodland Subdivision in regard to noise from the
airport. The Commission was aware that in updating the Airport
Master Plan, consideration of future expansion of the airport and
suggested buffer zone will be discussed.
D-7. Miscellaneous Commissions and Committees
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 22
D-7a. Beautification Committee
Councilwoman Swarner reported the minutes from the last meeting
(which became a work session due to lack of a quorum) were
included in the packet. Swarner referred to the discussion in
the minutes in regard to a request from the Extension Service for
the city (through the Beautification Committee) to charge a fee
for the garden plots available at the Extension Service test site
by the ball fields.
Swarner explained, an undeveloped area of the test site was
needing to have weed killer, etc. on it in order to develop it
into more garden plots. The Service's budget was cut and there
was no money for the supplies needed. If a fee was collected
through the Service, the monies would have to go through
Fairbanks and only a small portion of the fees would funnel back
to the local. Service.
Swarner stated she spoke with Attorney Graves about the matter
and he did not see any legal problems with funds from users being
given to the city and disbursed to the Service. There is no
other local gardening group through which the funds could be
channeled.
Acting Finance Director Feltman stated Parks & Recreation
Director Frates spoke with her in regard to the matter. There
would be a problem with the city accepting user fees and paying
them back to the Serv:ce. It would not be a city project. To
purchase weed killer, etc. purchase orders would have to be used.
The city shouldn't be collecting fees so that the Service doesn't
have to run the fees through their books.
Swarner stated it is city land and the Service doesn't have
books. She asked if the city would want to keep up that area?
William suggested the matter be handled like the Beautification
Committee handled the "Year of Beautification" in which a
checking account was kept by a person and separate from the city.
Donations were made d.irectll to the local group and not the city.
Swarner asked if council would object to a group requesting a
user fee for city property. Williams noted council had given
direction that commission members should not ask for donations.
Swarner asked if the council would want to donate money for the
supplies needed to clear that area ($200 to purchase weed
killer). Smalley asked if fertilizer would be needed. Swarner
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 23
added, she did not want to make a motion as she was a user of the
garden plots and felt it would be a conflict.
MOTION:
Councilman Smalley MOVED for the city to fund $400 for weed
killer, fertilizer and lime from the Legislative account and
Councilman Moore SECONDED the motion.
Bannock asked who would hold the money, buy the products, and who
would apply the products. Bookey stated he was apprehensive as
the weed killer was a toxic. substance. He stated he would not
support the motion.
Swarner answered, the products would be used on the unused garden
plots and would be applied by the Cooperative Service Agent, Tom
Janz. The application of the products would be beneficial to the
users of the garden plots who do not sell their produce and pay
no fees at this time. The fertilizer would be used for the trees
at the test site as well. Frates added, the products would be
used to establish a lawn in that area. The fertilizer and lime
would not be used on any particular garden plots.
Williams stated he did not think Swarner had a conflict.
VOTE:
Swarner: Yes
Bannock: No
Bookey: No
MOTION FAILED.
Moore: No
Smalley: Yes
Measles: No
Williams: No
Swarner asked if council had objection to the users donating
funds. Williams stated he thought that should be a decision
among the users.
D-7b. Historic District Board
No report.
D-7c. Challenger Steering Committee
Williams reported a meeting was held last week. He and the
director of the program (Kathy Scott) would travel to Anchorage
to discuss an ongoing fundraising campaign with Northwest
Strategies, a public relations firm.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 24
Williams referred to information in the packet at I-1 in regard
to a conference to be held in Pittsburgh in October entitled,
"Touching Minds and Changing Futures." Williams stated a group
of three people would be attending in regard to the Challenger
Center project. He would like council to allow Councilman
Bannock to attend. The benefit would be the conference itself,
as well as a visit to a Challenger Center in Wheeling, West
Virginia which has a NASA Learning Center, much like what is
proposed for the Kenai Center. They plan to cut the costs by
sharing rooms and money would be available in the Legislative
travel budget to pay for Bannock's travel costs.
Bannock stated he would decline to attend as he did not feel it
would be appropriate for him to go. William stated he would
still like to have someone attend which could be determined
later. There were no objections from council to send a person to
the conference.
D-7d. Kenai Visitors & Convention Bureau Board
No report.
ITEM E: MINUTES
E-1. Regular Meeting of June 5, 1996.
Approved by consent agenda.
ITEM F: CORRESPONDENCE
None.
ITEM G: OLD BUSINESS
G-1. Discussion - Leif Hansen Memorial Park Policies and
Procedures.
Council referred to information in the packet which included
suggested changes to the policies and procedures developed from
comments council made in earlier discussions, as well as letters
of concern, etc.
Smalley reported he attended the Kenai River Festival this year
and was impressed by the care taken during the Festival and the
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 25
clean-up after. He added, the Festival is an activity that could
be moved elsewhere, but he had no problem with it being held at
the Park. He referred to the letter added to the agenda from
Roger and Francis Meeks and their concern the Festival may become
more commercial oriented and agreed, care must be given to that.
Councilwoman Swarner stated her objection to cars parked on the
lawn. She added, she had heard both positive and negative
comments in regard to the Festival.
Marion Nelson (Kenai River Festival Committee) explained they had
been given permission to drive vehicles onto the lawn. Swarner
stated she would want that curtailed. Swarner asked what the
city's cost was for the port -a -potties and garbage pick-up, etc.
Frates answered, $100 for two port -a -potties for two days.
Smalley compared the weight of the large lawn mower and a van
which about the same. Smalley stated he had been concerned about
the parking the lawn as well. Frates stated they found no
damage.
Lori Landstrom - Member of the Kenai River Festival Committee.
Landstrom explained, it was not their intent to allow vehicles
parked on the grass. They allowed them to drive on the grass in
order to move materials to a particular area. Others that parked
on the grass were asked to move, etc.
Williams referred to the information included in the packet and
asked if council wanted to set a number of people allowed at an
activity, identify types of activities, or leave those decisions
to the discretion of the Parks & Recreation Director and city
manager.
Bannock stated he discussed the matter with the Planning & Zoning
Commission and it was noted the city had a specific area for
activities of this nature. He added, he had no problem turning
the decision over to the city manager with input from the Parks &
Recreation Director. The Parks & Recreation Commission made
their recommendation. He added, the River Festival did an
outstanding job.
Landstrom was asked why they chose that spot. Landstrom
answered, they like the location. It is seeable from the
highway. She had not spent any time at the location on the park
strip. They were concerned about noise from the airport and
conflicts with softball tournaments. She will visit the Industry
celebration to see how it works with a tournament going on at the
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 26
same time. Landstrom added, the city has been good to help with
the port -a -potties, electricity, etc. She heard no negative
comments and encouraged concerns be forwarded to her.
Smalley suggested the Parks & Recreation Director and city
manager determine the deposit rate based on the activity to take
place. Williams suggested the matter be sent back to the Parks &
Recreation Commission for their review and suggestions. After
their review, etc., the matter should be forwarded back to
council for review.
G-2. Discussion - Cherrier Paving Request/Mission Street
Acting Public Works Director La Shot explained Henry Knackstedt
(the contracted engineer) was in the audience. La Shot referred
to a memorandum included in the packet from Kornelis which
discussed the request from Cherrier to have two pieces of his
property paved in exchange for the 3,802 sf of property needed to
complete the alignment of the Mission Street project. La Shot
stated the 3,802 sf was required for the right-of-way. The cost
of paving would be approximately $8,000-$12,000.
Bookey stated he didn't feel comfortable to do either one. La
Shot stated he would want to limit the excavation to none, unless
the city had to do more excavation within the right-of-way.
Bookey stated he was not comfortable to pave a parking area, etc.
on private property. That should be done with an LID. Williams
stated he did not think any of the grant funding could be used
for paving private property. Those costs would have to be paid
with General Funds. It appeared that without some arrangement
with Cherrier, the project would not get done.
Bookey suggested there had to be some way to work around the
3,802 sf. Knackstedt stated, without the 3,802 sf, there would
be no way to fit the road through and have room for utilities and
sidewalk. The roadway could be narrowed down, however that would
cause traffic jams.
Bookey suggested finding the fair market value of the properties
and make a cash offering to buy it. He had no objection to try
and purchase the property. Williams stated he thought the city
should try to acquire the property. He suggested a contractor's
estimate could be included with the offer to purchase the
property. Cherrier would still be paying for his paving, but he
would have to order the paving.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 27
Williams noted Alaska Avenue was not a city -dedicated street. La
Shot indicated (on the map included in the packet) the 20' wide
street was a city right-of-way. Williams suggested the city
could take the responsibility in paving the road if Cherrier
would take the money the city gives him to pave his own parking
lot.
Bookey noted a 20x150' area would have to be excavated which
would cost more to do (approximately $16,000-$20,000). Williams
noted the city could not pave the parking lot.
Bookey stated he would like the city to make a proposal to buy
the 3,802 sf and added there were a lot of unknowns the other way
that might come back to haunt the city. Bannock asked if any
altering could be done to the site plan at this stage of the
process. Knackstedt stated he did not think so as changes had
already been made. He explained, it was a two-way road which had
to go to a one-way narrower street.
Bannock suggested if Cherrier was not willing to give up his
right-of-way, administration should alter the project to end
right in front of Cherrier's road, i.e. change the plan so the
Cherrier right-of-way is not needed.
Smalley suggested administration first ask for the dedication; if
Cherrier won't give it, ask the purchase price; if Cherrier is
unwilling to sell, then dead-end the street. Bookey asked if it
would be possible to make it a two-way street narrowed to a one-
way street through? Williams noted it was a one-way through,
plus a sidewalk at this time.
Williams stated it seemed if they were going to make it a
circular drive, and a lot of traffic would be coming around
there, consideration should be given to paving that 1501.
Knackstedt stated they are matching up with the existing
pavement. That part of Alaska Avenue did not have anything to do
with the project. Williams noted, the city couldn't do that. He
added, the city was trying to preserve a part of the historical
part of the city. He suggested administration write a letter to
Cherrier and offer fair market value for the 3,802 sf. If he is
unwilling to sell it, take the property by condemnation. Bookey
was concerned it would take two years. Williams noted it could
be done by the fast track method (take the property, use it for a
public purpose, put the money in escrow, and let the court
decides how much it would cost.)
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 28
Attorney Graves stated it could be done by "quick take" and
explained the procedure (get an appraisal, file a notice of
condemnation, deposit the money in escrow, Cherrier would have
the opportunity to contest the valuation). Smalley stated he
thought the property should be appraised first. Knackstedt
stated it was part of the ISTEA funding that all the properties
had to be appraised when purchased or donated. He would check
with DOT if the city would do a quick take -- if it is okay with
DOT or does it have to be free and clear land. He was concerned
a condemnation might not be okay with the DOT.
Williams stated his biggest concern was if the project continued
to be changed, the funding might be lost altogether. Bannock
added, if that happens and the major benefactors of the project
are the reason the funding is lost, there is no shame. Williams
noted, the Cherrier's were not the major benefactors of the
project. The Church and Rectory would be the major benefactors.
It took three years to get the acceptance by the Archbishop for
the use of the property, right-of-ways, etc.
Williams suggested to send a letter to Cherrier and tell him the
council could not entertain his request to the paving and
respectfully submit, one more time, the city's request for the
use of the land for which the city would be willing to pay fair
market value and see what the response would be. There were no
objections from council.
Williams asked if council was comfortable in acquiring an
appraisal in the meantime. There were no objections from
council.
G-3. Discussion - Kenai Animal Control Shelter.
Bill Godek, Kenai Animal Shelter - Godek reported he attended a
Borough Finance Committee meeting, along with Public Works
Director Kornelis and Mayor Williams. The Borough Assembly
directed their attorney to develop an ordinance for the Borough
to accept animal control powers (for the Borough). It was
explained they wanted to have the ordinance passed prior to
putting any money out. The Assembly was agreeable to look into
the matter.
Williams referred to the Bill Kluge letter included in the packet
which estimated $565,000 to construct the new shelter (including
a five percent construction contingency factor). Williams
suggested setting the matter aside until the Assembly acts on
their ordinance adopting Borough animal control.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 29
Bookey stated he was disappointed the cost came to $565,000. He
added, he thought council agreed to a not -to -exceed amount of
$500,000. The cost could end up higher than $565,000 when the
building is completed.
Williams suggested waiting until the Borough acts and suggested
the question could be placed on the October ballot. Smalley
stated he talked with people on the Assembly after the meeting
and they told him that Godek made an outstanding presentation.
Direction was to place the matter on the August 7 council meeting
agenda.
ITEM H: NEW BUSINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED for approval of the bills to be paid and
Councilman Bookey SECONDED the motion. There were no objections.
SO ORDERED.
H-2. Purchase Orders Exceeding $2,500
MOTION:
Councilman Smalley MOVED to approve H-2, purchase orders
exceeding $2,500 and include the purchase order to Alaska AirGas
in the amount of $7,344.10 and Sterchi Construction in the amount
of $5,000. Councilman Bookey SECONDED the motion. There were no
objections. SO ORDERED.
H-3. Approval - Special Use Permit Extension - Bierdeman
Logging.
Williams referred to the information included in the packet and
noted Bierdeman was requesting an extension to the Special User
Permit. Bookey stated he had no objection and asked if
everything was going as expected.
La Shot answered, there had been no problems with Bierdeman.
Swarner asked if he removed any trees that were blown down from
the wind. La Shot answered, he did not think so. Only if the
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 30
wood had some value. Williams asked La Shot if there were any
technical problems with an extension. La Shot answered, he had
no problems.
There were no objections from council to extend the permit.
H-4. Approval - Assignments of Lease/Lot 9, Block 1, Cook
Inlet Industrial Air Park:
Attorney Graves explained the assignments were standard, but more
complicated due to another loop in the process. The Grimms were
assigning their lease to the Johnsons; the Johnsons were, in
turn, giving a security assignment to the bank for money to
purchase the leasehold interest, the first deed of trust on the
leasehold interest; and the Johnsons were giving a second back to
the Grimms because they were not paying the whole cash price.
The security interests were only on the leasehold estate. The
city would continue to have the full fee -ownership of the
property. The city was protected.
H-4a. Assignment of Lease - Ronald J. Johnson and Charles
Grimm to Harry 0. Johnson, III and Diane H. Johnson.
MOTION:
Councilman Smalley MOVED for approval of the Lot 9, Block 1, Cook
Inlet Industrial Air Park Assignment of Lease from Ronald J.
Johnson and Charles Grimm to Harry O. Johnson, III and Diane H.
Johnson. Councilwoman Swarner SECONDED the motion. There were
no objections. SO ORDERED.
H-4b. Assignment of Lease for
Johnson, III and Diane
and Charles Grimm.
MOTION:
Security Purposes - Harry O.
H. Johnson to Ronald J. Johnson
Councilman Smalley MOVED for approval of the Lot 9, Block 1, Cook
Inlet Industrial Air Park Assignment of Lease for Security
Purposes, Harry 0. Johnson, III and Diane H. Johnson to Ronald J.
Johnson and Charles Grimm. Councilman Measles SECONDED the
motion. There were no objections. SO ORDERED.
H-4c. Assignment of Lease for Security Purposes - Harry O.
Johnson, III and Diane H. Johnson to First National
Bank of Anchorage.
KENAI CITY COUNCIL
JUNE 19, 1996
PAGE 31
MOTION:
MEETING MINUTES
Councilman Smalley MOVED for approval of the Lot 9, Block 1, Cook
Inlet Industrial Air Park Assignment of Lease for Security
Purposes, Harry O. Johnson, III and Diane H. Johnson to First
National Bank of Anchorage. Councilman Measles SECONDED the
motion. There were no objections. SO ORDERED.
H-5. Discussion - Matching Funds Request/Historic District
Board - Archeological Study of Shkituk' Village
Interpretive Site Location.
Engineering Technician Clark explained the Historic District
Board was asking council if they agreed an archeological survey
of the Shkituk' Village area was necessary prior to commercial
development. The survey was not required by law, but the area
may hold significant artifacts. If council did agree, the Board
wanted to know if the council would want to match funds.
Bill Kluge - Historic Board Member. Kluge explained the Board
was developing plans to do an interpretive pathway through the
Village area, and it was brought to their attention that
artifacts had been found in the past, dated to 1000 AD. He
added, it was State policy to have surveys done before developing
area thought to have archaeological significance.
Kluge reported, the Board thought support could be found in the
private sector for donations. They thought a survey would cost
approximately $4,000 and felt $2,000 of the funds could be found
in the private sector. They were hoping council would match the
$2,000. Any artifacts found would be placed at the Visitors
Center.
Williams stated he would support the issue because the area had
been put on hold for development. It was something needing to be
done. Bannock asked if grant money could be received through the
Certified Local Government. Clark stated it was a possibility.
Council agreed an attempt should be made to acquire grant funding
first.
H-6. Discussion - Kenai/Soldotna Sewer Line Feasibility
Study.
Williams referred to the getter included in the packet from Wm.
Nelson. Nelson's cost for a feasibility study was proposed at
$7,600. Soldotna Mayor Lancaster proposed Soldotna and Kenai
split the cost.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 32
Bookey stated he did not think the study and sewer line should be
considered until after the city's new well development, etc. is
completed.
Williams asked La Shot if there were any grant monies which could
cover the cost. La Shot answered, there was a possibility
certain portions of money could be used, but he would have to
investigate it first. Bookey suggested any grant funds the city
has were dedicated to the City of Kenai.
Swarner stated she agreed with Bookey and that the city should
take care of its own constituents before putting a line in for
Soldotna. Soldotna would benefit more from the placement of that
line than would Kenai. Bannock agreement. Smalley added, he did
not think the matter should be considered at this time.
H-7. Discussion - Industry Appreciation Picnic.
Williams referred to his memorandum included in the packet which
discussed the plans for the Industry Appreciation Picnic
scheduled for August 24. Williams added, a planning meeting was
scheduled for June 25 and he requested representatives from the
Kenai Fire, Police and Parks & Recreation Departments attend.
Williams reviewed the proposed needs affecting the city.
Swarner requested a fiscal note for the proposed city's
responsibility. Williams stated he would provide it at the July
3 meeting. Swarner questioned the need for additional police
personnel on duty. Williams stated it was needed because of the
high profile people that would be in attendance, i.e. Senator
Stevens, Senator Murkowski., Representative Young and Governor
Knowles.
EXECUTIVE SESSION - City Manager Severance Agreement/Package.
Not held.
ITEM I: ADMINISTRATION REPORTS
Mayor
a. Assisted Living Center - Williams reported he spoke
with John Verdugo in regard to the Assisted Living Center.
Verdugo reported he had a commitment from GMAC Financing for the
project, they want a guarantee in the form of HUD insurance. HUD
denied the proposal without reviewing the $40,000 needs study
forwarded with their application. HUD based their denial on
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 33
their opinion that the Homer Living Center was large enough to
serve the needs of the Peninsula. The Homer Center is not an
assisted living center. Williams added, he told Verdugo he would
write to Senator Stevens and contact Alaska Housing Finance
Corporation in regard to the project. The project is not dead,
but will need to overcome problems in bureaucracy. Williams
added, it did not look good for the project to go forward this
year.
b. Temporary City Manager - Williams asked if council
would prefer to wait until after the outcome of the August 7
meeting or proceed as soon as possible to bring in a temporary
city manager. Williams added, he thought it best a temporary
should be considered at this time, instead of a full-time
manager.
Smalley asked Acting City Manager Dan Morris if he saw any
problems and what he would prefer. Morris answered, it is a
hardship for him and any other department heads, to do both jobs.
It places more of a burden on the other Police Department
personnel. It is difficult to put enough attention on matters
needing to be accomplished by the city manager. He added, his
staff has taken care of the problems and it has been straight
forward for him. However, there are probably items needing to be
done for the long term that probably wouldn't be made with an
acting city manager.
Morris stated he would defer to council on whether they prefer to
have him continue as acting city manager or assign another
department head or hire temporary city manager.
Williams stated, if council would continue in the direction going
and if they would desire the services of an interim city manager,
the likelihood of an interim city manager making major decisions
would be very unlikely. The council would see to that. He
personally did not think council would involve themselves in a
search process for, depending on the outcome of the next thirty
days, for two to three months. He added, council needs to decide
whether they want to leave things coast until the next meeting,
if a decision is made, or begin thinking about it now.
Bookey stated he would like things to continue as they are until
after the July 3 meeting. This would allow council to have to
process it through and make recommendations at that time. There
were no objections from council.
KENAI CITY COUNCIL MEETING :MINUTES
JUNE 19, 1996
PAGE 34
C. Municipality of Anchorage/Economic Development Forum -
Williams noted Mayor Mystrom was requesting nominations of people
in the Kenai community to attend the Forum. Williams asked for
suggestions from council. Kim Booth (Visitors Center), Theo
Matthews (UCIDA) and Bob Scott (Salamatof Seafoods) were
suggested. Williams stated he would talk with them.
I-2. City Manager
Acting City Manager Morris stated he would be out of town on
Monday.
I-3. Attorney
No report.
I-4. City Clerk
City Clerk Freas read into the record the following telephone
poll information:
A telephone poll was requested through Daniel L. Morris, Acting
City Manager. on June 6, 1996.
The Kenai Senior Center/Vintage Pointe Manor is requesting
Council approval for a purchase order to Sterchi Construction for
labor, forming, pouring and finishing a concrete sidewalk on the
west side of the Vintage Pointe Manor for a total cost of $3,000.
Landscaping and finish work around the sunroom cannot continue
until the sidewalk work is completed. (Funds to be transferred
for this work were approved by council at the 6/5/96 meeting by
passage of Resolution No. 96-40.) This purchase order was held
by Finance Director Sweeney and not included on the approval list
of purchase orders over $2,500 included in the June 5, 1996
council meeting agenda.
Freas reported the poll was authorized and signed by Daniel L.
Morris, Acting City Manager; was signed by Robin Feltman from the
Finance Department; attested by Carol L. Freas, City Clerk;
written by City Clerk Freas; and the poll was taken by City Clerk
Freas.
The following vote was taken: Williams, absent; Measles, absent;
Bookey, yes; Smalley, yes; Swarner, yes; Bannock, yes; and Moore,
yes.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 35
I-5. Finance Director
Acting Finance Director Feltman reported she was soliciting
applications for a temporary accountant position to help the
Finance Department while they are shorthanded. Williams asked if
there was a directive to the Acting City Manager to continue with
that process. Bookey asked if this was a temporary position.
Feltman answered yes. There were no objections from council.
I-6. Public Works Director
Acting Public Works Director La Shot reported the following in
regard to Kornelis' memorandum, Information Item No. 2, which was
included in the packet:
a. Spur Highway - A DOT response to Kornelis' letters
discussed at Item No. 6 would be included in the next meeting
packet.
b. Excavation/Lots 13 and 14 - Excavation was completed
with only 68 cubic yards of material. They had budgeted for
approximately 500. This may be increased depending on the
results of confirmation testing. However, they don't expect to
go much higher.
C. Aerial Photography/Bluff Area - Photography has been
received in regard to the bluff and the amount of erosion which
had taken place over the years. They will be reviewing the
information.
d. Well Project/Land Acquisition - The classification of
the government classified land did go through the Borough
Assembly and was approved. The next step would be to taken
through the Borough Planning & Zoning for approval to transfer
the land. This will probably happen during the July 9 meeting
and then to the Borough Assembly for final approval.
There will be a question in regard to the parcel north of that
property (which he will bring to council at a later date). At
this time the property is classified as recreation and they would
like a formal request from the city to also take ownership of
that property.
e. Marathon Road Clearing - Williams asked what the
clearing of the long stretch that ties into Marathon Road -- who
was responsible for it. La Shot answered it is a Homer Electric
powerline section line Easement. It is a new rebuild coming
KENAI CITY COUNCII, MEETING MINUTES
JUNE 19, 1996
PAGE 36
downtown which would eventually tie into the new substation off
Marathon behind Craycroft. That substation will replace the one
on Walker Lane. The property along Marathon Road was purchased
from the city.
f. Road Patch - Councilman Smalley asked about a road
patch by Lawton and Wooded Glen Court. Smalley asked if it is a
temporary patch, because it is already lower than the main road.
La Shot answered, the patch may have been done because of a hasty
dig job on a. malfunctioning valve for the Spur Highway project.
La Shot added, if it was settling, they would probably have it
redone. The matter could be partly the State's responsibility.
g. Beach Restroom - Councilman Bannock noted the restroom
at the beach had been vandalized again and asked La Shot for his
comments. La Shot stated there was not much to say. The front
T-1-11 siding will need to be replaced. Bannock suggested the
next time the restroom was vandalized, it be removed from the
area. La Shot stated he believed it had been vandalized three
times since its installation.
h. Spur Buffer Zones - Williams noted he had discussed the
driveway entrances from the Spur into the buffer zone with La
Shot and Kornelis. Williams asked if La Shot had discussed the
matter with the engineer. La Shot stated the State had not
problem with topsoiling, seeding and probably eliminating the
curb cut, at least to one. They would like to keep one for a
short distance to allow maintenance vehicles access that side of
the road. They are still discussing that.
Williams noted the issue was the two cuts made in front of the
buffer zone across from Craycroft and down. He wanted the State
notified it was never the city's intention to have those there
and the area has been a long-term buffer zone. It is the city's
intention to keep it as a buffer zone and there was no need for
driveway guts and gravel approaches.
i. Rogers Road Paving - Swarner noted they have pavement
higher than the street on Rogers Road.
j. speed Bumps/Visitors Center - Swarner noted the speed
bumps at the Visitors Center are disappearing. La Shot stated
the bumps were probably wearing out and could have been damaged
during snowplow operations. Swarner stated she felt the problem
still needed to be addressed as people were still speeding
through the parking lot.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 37
Bookey stated the bumps were never put in right to begin with.
Kornelis placed 12" x 3" speed bumps placed which wouldn't deter
anything. Council had discussed a 2z' wide, five or six-inch
high speed bumps. He added, he felt it was not done correctly
through administration. He was very concerned someone would get
hit and hurt sooner or later and that was the reason they asked
to have them placed.
Williams suggested doubling the width of them at least. Bookey
stated a noticeable change would have to be made before people
will slow down. Swarner requested administration be directed to
come back with a better plan and cost estimate to double the
width.
k. Junk Car/Beach - Councilman Moore noted another junk
car was on the beach and it appeared it was pushed off the bluff
north of the mouth of the River, probably in Section 36.
Additionally, old batteries, etc. were laying around there.
I-7. Airport Manager
a. Interact Group/ARFF - Airport Manager Ernst reported
he, Fire Chief Burnett and Mayor Williams met. It was reported
to Williams that the final business plan was almost ready to be
presented to the state and FAA. They hope to meet with
Commissioner Perkins, DOT and the Governor next week to present
the plan and garner their support. With their support, they then
would take it to the FAA as the final wrap-up to the project.
b. AAAE Meeting - Ernst reported he just returned from the
annual conference. While there, he met with airport managers of
Salt Lake, Helena, Yuma and Duluth. They all either have a fire
training center or one coming on line. He requested help from
all those people as a resource when the building of the project
begins. Ernst stated he was also able to spend time with Paul
Bowers, Director of Statewide Aviation and will be the person who
will evaluate the project. He added, Kenai's is the only written
project for the taking.
C. Interspace Advertising - Ernst reported representatives
of Interspace were in town to work at contracting out the
advertising, etc. They are using the old Mark Air space and to
date had signed up approximately $11,000 of advertising. They
seem to be real optimistic and are moving forward.
Ernst added, there did not seem to be a lot of animosity with the
advertising people at this time. Bookey asked if he knew what
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 38
kind of responses were being received from businesses in the
city. Ernst answered real well so far.
d. Information Highway/Internet - Ernst reported
discussion at the conference was about how airports were
interfacing with the information highway, etc. AAAE has an
extensive website which will be a great help to airports. The
Kenai Airport will go on line the beginning of July.
e. Fuel Facility - Measles asked about the status of the
fueling facility at the Float Plane Basin. Ernst answered the E-
prompt was received from Petrovan. They attempted to install it
on Monday and it was a faulty E-prompt. They are in the process
of getting a new one and installed immediately.
f. Float Plane Slips - Swarner asked how many float plane
slips had been leased. Ernst answered stated he did not have the
exact amount, but knew it was more than five. There is one
commercial user and one application for a commercial space.
Bookey stated it seems there has been more use of the facility
this year than in past years. Ernst stated he would have a count
at the next meeting as the tower is now keeping track for him.
ITEM J: DISCUSSION
J-1. Citizens
Bob Peters - In 1994 the "dreaded storm" hit Mission Avenue.
That spring, he mentioned to Kornelis he did not think it a wise
idea to store the snow at the intersection of Mission Avenue and
Main Street. He also didn't think it was a good idea to store
the snow at Mt. Redoubt lookout either. Peters added, he was
grateful that the city plows his street, however Kornelis stated
he would have the snow removed from those stored areas prior to
spring. He didn't. Peters passed pictures to council to show
the results of the melting snow had on the bluff, eroding a few
feet of the bluff. Peters stated there had been about 12-15 feet
of bluff there. The bluff now eroded back to about three feet.
Peters noted the barriers were not effective on Mission Avenue.
There was still a lot of traffic on the road, even with it not
being graded.
Peters referred to the picture in the morning paper of a
youngster jumping off a dune. It seems to be a new craze. He
KENAI CITY COUNCIL MEETING MINUTES
JUNE 19, 1996
PAGE 39
has observed youngsters running down Main Street and diving off
the bluff. Oilers were doing it also. He spoke to them and they
were very polite and respectful and they quit. He told about six
or eight groups of young people that day about the harm they were
doing when they were jumping off the bluff. Most of them were
somewhat respectful.
The last group he told were not respectful and were smoking
something other than cigarettes. They were sitting on the end of
the bluff and he talked to them about the harm they were doing to
the bluff. Their repsonse was very disrespectful. He asked if
the city's position was, i.e. does council care? should he care?
should he talk to the youngsters about them being on the bluff
and damage being done? Peters stated he talked to the Acting
Police Chief about the problem. If the dunes were considered
sacred, he believed the bluff should be too.
Councilwoman Swarner stated she agreed and council should be
concerned. She also agreed the snow should not be piled there.
Swarner requested from the Public Works Department, a plan of
where snow will be stored and not near the River or Senior
Center.
Bookey asked how Peters felt about putting signs out there saying
"keep off the bluff." Peters answered he didn't think they would
do much good. Williams added, they don't know what to do. The
council has talked, requested, etc. and have not had any good
answers.
J-2. Council
Bookey - No report.
Swarner - Reported she would be out of town from June 20
through the evening of July 1.
Moore - No report.
Measles - Stated he was disappointed and embarrassed by the
actions of the council and would very much looking forward to the
document that would be given to the city manager after the next
council meeting to find out what these reasons are because since
this all started, he spoke with each person on the council
individually, some of them several times, and as of tonight, no
one, none of them, had given him one single valid reason for this
action. He added, he thought he was as anxious as the city
manager himself to find out what he had done to deserve this
action.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 191 1996
PAGE 40
Williams stated he would be glad to meet with Measles right after
the council meeting. Measles stated he had talked with Williams
many times. Williams answered, he had not talked with him, but
yelled and screamed at him a couple of times. Measles asked who
yelled and screamed first. Williams answered it wasn't him.
Measles stated it was.
Bannock - No report.
Smalley - No report.
Williams - No report.
ITEM K: ADJOURNMENT
The meeting adjourned at approximately 10:15 P.M.
Minutes transcribed and submitted by:
Carol L. Freas, City Clerk
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CITY OF KENAI
It Od eapikd 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
w uemn city
1II�If
'vvz
MEMORANDUM
TO: Mayor and City Council
THRU:<<' Dan Morris, Acting City Manager
FROM: Robin G. Feltman, Acting Finance Director
DATE: June 27, 1996
SUBJECT: Habitat For Humanity Grant
The City of Kenai does not allocate interest on grant money
received for capital projects. All but the legislative
grants are reimbursable grants meaning the City has to use
its money to pay the expenses and then wait for
reimbursement by the State. The legislative grants advance
200, but then do not give us any more until we have spent in
excess of the 20°. Needless to say, the City does not earn
interest on grant money.
I presume the $450,000 left that you refer to is from the
Thompson Park Water and Sewer Grant. That money was
reappropriated by the State along with money from the East
Kenai Sewer Interceptor project to the Water System
Improvements Project.
The grant documents state that this money is to be used for
final development. of the new water well, including a
wellhouse, pumps, etc. Also the grant includes connection
of the SCADA Control System. Any project change orders need
to be approved by the DEC.
The estimate of $70,000 was given by Habitat For Humanity to
extend the water and sewer mains to Habitat Acres. If an
assessment district was formed and the homeowners (or
Habitat For Humanity) paid approximately 25% of the cost,
the City would pay $52,500. Since this is such a small
project, it may be easier to give a donation.
CITY OF KENQ --,
„ c9i,L earl o�
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 pl"
— uF�natinnA
'IIIII
092
MEMORANDUM
To: Mavor John J Williams and Kenai City Council
From: Cr� Cary R. Graves, City Attorney
Date: June 28, 1996
RE: Draft Letter of Written Notice and Reasons for Proposed Termination of
City Manager
Attached is the draft letter you requested I write to Thomas J. Manninen outlining the
Council's reasons for proposing his termination. I wrote the letter based on my
understanding of the concerns of Council Members.
CRAFT
June 28, 1996
Thomas J. Manninen
395 Dolchok Lane
Kenai, AK 99611
RE: Written Notice and Reasons for Proposed Removal of City Manager
Dear Mr. Manninen:
This letter is to give you written notice of, and reasons for, your proposed removal as City
Manager. The Kenai City Charter requires that written notice and the reasons be given at least
one month prior to removal. Following are the City Council's reasons for your removal. The
public hearing on your removal is scheduled for August 7, 1996 at 7:00 p.m. in the Kenai City
Council chambers.
The relationship between you (as Kenai City Manager) and the Kenai City Council has
broken down to an extent where it is no longer possible for the majority of the Council
to have a working relationship with you.
2. The Kenai City Council has lost confidence in your ability to effectively lead the City.
3. The 1996/1997 fiscal budget which you were responsible for presenting to the Council
under KMC 7.25.010 was inaccurate, excessive, incomplete, and failed to comply with
advice of the City's auditor.
For example, the manner in which employees' annual leave was budgeted caused city
employees' salaries to be underbudgeted. The City's auditor advised the Finance Director
against the change. Over the recommendation of the City's auditor, the new accounting
method was not changed. You were personally informed that the manner in which leave
time was being budgeted was contrary to the auditor's recommendation, but you failed
to take corrective action.
Also, the City was informed in April, 1996 of an increase in the City's health insurance
premium but failed to budget for the projected increase. As a result, the City has
underbudgeted by nearly $50,000 for health insurance for the fiscal year 1996/1997.
(See Attachment A.)
DRAFT
Thomas J. Mann -men
June 28, 1996
Page 2 of 3
Further, department heads were not given budget guidelines and were allowed to budget
without restriction. The result was an initial budget with a $1.7 million deficit and
depletion of the equipment replacement reserve account. (See Attachment B.) You were
or should have been aware that such a budgeting method runs contrary to the
conservative budgeting approach of the Kenai City Council.
You and the Finance Director also made cuts from department budgets without informing
department heads, causing the department heads to be unsure of what was in their
budgets.
The budget documents also contained numerous mathematical, typographical and entry
errors.
Additionally, you neglected to budget $4,800 for your monthly car allowance.
4. During the week of May 13, 1996, you informed the Kenai Peninsula Clarion that you
had not been told of the reasons for an executive session scheduled for May 15, 1996.
However, on May 15, 1996 you admitted to members of the Council that you had been
personally informed by the Mayor on May 9, 1996 of the reasons for the executive
session. (Attachment C.)
5. Your management style and lack of leadership have created a dramatic drop in employee
morale. That management style has had the effect of creating tension and adversary
feelings between departments and department heads thereby reducing the staff s ability
to work together effectively. Your failure of leadership has caused employees to lose
respect for you as a City Manager. This failure lead to the resignation of long-time
employee Finance Director Charles A. Brown.
6. You have failed to follow proper City procedures, respond to directives of the Council,
keep the Council informed of important occurrences affecting the City, and ensure staff
had complied with city policy and directives given by Council.
For example, you failed to budget for, or do a purchase order for, Government Services
Television Network (GSTN) tapes for which you signed a contract; and then you spent
a portion of the money transferred to pay for them on other City purchases, necessitating
a second transfer by resolution to pay for the tapes. (See Attachment D.)
Also, after learning of an allegation of a sexual assault by a Kenai Police Officer, you
failed to inform the Council that an issue of major public concern was developing.
Consequently, the members of Council were caught uninformed when news of the story
went public_ The Council does not feel it should have been informed of the particulars
Thomas J. Manninen
June 28, 1996
Page 3 of 3
DRAFT
of the allegations, simply that there was a major issue developing in the Police
Department which would become public at some point. You had been informed earlier
of the need to keep Council informed in a general nature of such occurrences.
You also failed to establish an effective "open door" policy, including a City Manager
"hot line" as indicated during your job interview.
On March 11, 1996 notices were sent to the Finance Director reminding him of bond
payments due on March 21, 1996. The Finance Director neglected to run checks for the
bond payments as is normal City practice. On March 21, 1996 (the due date),
Mr. Sweeney realized that the bond payments had not been made. Mr. Sweeney then
attempted to wire the payments to First Trust Bank of Washington but, since he had not
tiled pre -authorization papers with National Bank of Alaska of the names allowed to
make wire transfers, such a transfer initially proved impossible. Robin Feltman,
however, was able to authorize the wire transfer. Missing bond payments would have
been very embarrassing to the City. As City Manager you are responsible for the
performance of your department heads. (Attachment E.)
In 1996 you failed to respond to or comply with three requests from the Kenai City Clerk
for an addition to the Supervisor's Handbook. The first request was on January 10,
1996; the second was on February 12, 1996; and the third was on May 22, 1996. Thus,
the Clerk's request went unanswered for at least four months. (Attachment F.)
7. You have failed to maintain and enforce consistent City Manager policies and internal
controls (i.e., travel. expense accounts, cellular telephone use).
Very truly yours,
CITY OF KENAI
DRAFT
John J. Williams, Mavor
Attachments
. ' Blue Cross
inueoenoerv[�LK'.erse� d rrx
31- C-1 YXl &- ShNd ASSOC.a—
RENEWAL
Group Nurtt>ers: 37391, 37391-EE, 07391-Po
Employer
Contribution
100 / 100
Employee
Participation
100 / 100
Ded/Coins %/Max:
BESTCARE .......
........ 100/80/3,000 :
Mental Health:
RX DRUG CARD S711C
................. :
Ded/YrtyMax:
DENTAL PLAN 1....
........... 0/2,000 :
✓ISION ti........
Cost Per Contract:
Census:
Monthly Totat:
E=Emptovee
E+S+C=Embtoyee+Scouse-Children)
CITY OF KENAI
210 FIDALGO AVENUE #200
KENAI AK 99611
X
07391 RENEWAL
Sales Package Number: 01
Group Combination 01
Rate E'fective Date 07/01/95
lue Cross of Washington and Alaska —
CURRENT BENEFITS
AND RATES
E
E+S
E+S+C
E+C
126.08
254.63
321.25
192.69
14.60
26.75
36.16
24.01
27.98
53.87
78.07
52.18
7.82
15.57
22.45
14.70
176.48
350.82
457.93
283.58
11
26
43
10
1,941.28
9,121.32
19,690.99
2,835.80
E G E N 0
Monthly
Total
23,747.9-
2,651.08
5,587.2-
1,603.19
90
33,589.39
Attachment A
Page 1 of 2
E+S=Embtoyee+Soouse
E+C=Employee+Chilc(ren)
Blue Cross
5Mw Goss a Bi- Stew Assocu
RENEWAL
•,vss/
CiTY OF KENAI
210 FICALGO AVENUE #200
KENAI AK 99611
07391 RENEWAL
Sales Package Nurser. 01
Group Combination 01
Rate Effective Date 07/01/96
Group Humoers:
17391, 17391-EE, C7391-PP
--Blue
Cross of Washington and Alaska-
Emptover-
Employee
Conti bution
Participation
RENEWAL BENEFITS
AND RATES
100 / 100
100 / 100
Rate Guaranteed For: 12 Months
E
E+S
E+S+C
E+C
Ded/Coins Y./Max:
BESTCARE ...............100/80/3,000
:
134.33
269.90
343.68
208.09
Mental Health:
2.77
5.24
6.27
3.81
RX DRUG CARD S7/10................. :
19.39
35.21
47.60
31.77
Ded/YrtyMax:
DENTAL PLAN 1- .............
012,000
32.41
62.48
90.75
60.68
ISION :i..........................
9.33
18.66
27.22
17.91
Cost Per Contract: _
198.23
391.49
515.52
322.26
Census:
11
26
43
10
Monthly Totat:
2,180.53
10,178.74
22,167.36
3,222.60
ADDITIONAL BENEFIT
OPTIONS
Preventive Care:
3.44
7.84
19.73
15.33
Hearing:
0.43
0.80
1.06
0.69
Orthodontia:
0.53
1.20
7.17
6.49
L E G E N D
E=Emotovee
E+S+C=Emptoyee-Spouse-Ch td(ren)
Monthly
Total
25,354.17
474.42
3,493.25
6,490.04
1,937.35
90
37,749.23
1,243.37
78.01
410.24
Attachment A
Page 2 of 2
E+S=EmDLoyee+Soouse
E+C=Emotoyee•Child(ren)
CITY OF KENAI
FISCAL YEAR 1997
BUDGET PREPAR-XTION INSTRUCTIONT PACKET
• h _ �6 9 ►
ImIll• ►� ►�
l . Each Department will be required to complete a detailed written budget submission
consisting of the forms contained within this packet. If there are separate Sub -
departments within a Department. or Departments within a Fund, a separate budget
submission ti.e., a separate set of forms) must be prepared for each Department or Sub -
Department.
[eqiwpment
This vear Departments may initially request whatever they want without restrictions in
initial budget submission. to include new positions, new operations, new major
acquisitions, or new facility additions. The idea is to outline what the true
needs of the City are. The deadline for submitting forms for new positions, new
operations, new major equipment acquisitions, or new facility additions is January 31,
1996. The deadline for submitting all other forms is February 28. 1996.
3. After all budget submissions have been received, they will be consolidated and
compared to projected revenue. Any excess planned expenditures will be trimmed in a
series of meetings or sessions where Department Heads will voluntarily cut their budgets
in successive increments until expenditures are balanced with projected revenues. In order
to assist in this trimming process. Department Heads are asked to prepare a new
document. called a Decrement List. It will contain, in order of priority to cut, those
expenditures Departments would forego if asked to reduce their budgets in the trimming
process.
4 If a Department requests an expenditure which is subsequently cut out of the budget
through the trimming process, the planned expenditure will be added to an Unfinanced
Requirements List". If, later in the fiscal year, revenues exceed estimates or other planned
expenditures do not materialize at projected amounts, the Administrator may go forth to
the Citv Council with a recommendation that prioritized items from the "Unfinanced
Requirements List' be funded.
Attachment B
Page 1 of 1
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s ups '3 Clarion 5/17/96
c .r Attachmer. C
Page 1 of 2
µ I'n uj acciuems Here Crawford said that normally the have anyth.i
end, 1L will be joined by other ast year. Folks were lucky it was statistic will run between 10 and 15 In fact, t
troopers -- thanks to federal high- only 20 deaths. There were a lot of fatalities per year, Smooth roads, he ment saves 1
way grant money that pays for the people seriously injured in those said, tend to make people drive responsibly
overtime during hectic holidays. accidents," he said.
faster and speed kills. troopers on
... Kenai
Continued from page f
should be present. Council mem-
bers Ray Measles and Linda
Swarner were absent for
Wednesday's meeting, and
Measles, Williams and Bookev
will be absent at the June 5 meet-
ing.
"Let me just say that any actions
that the council takes that have
long term implications should be
decided by the full council, regard-
less of the outcome," Bannock
said.
Bannock said he wishes things
could change, but even with a full
council, it is unlikely that will hap-
pen.
Measles and Bannock have been
Manninen's two strongest support-
ers, but the rest of the council has
remained quiet.
Manninen is the president-elect
of both the Kenai Chamber of
Commerce and the City Managers
Association for the state of Alaska.
Whether he'll actually stay in those
leadership positions remains to be
seen.
"Sometimes it probably doesn't
pay to be very high profile." he
said.
"But I think that I did my work
as the appointed city manager, I did
the best to my judgment and pro-
fessional abilities."
vehicle
Rain aids firefighters
Staff report
Because of the cool damp weather that moved into the Central
Peninsula Thursday, firefighters believe they will have the Hidden
Creek fire contained by Friday afternoon and under control by Sunday.
Mop -up operations along the west side of Upper Skilak camp-
ground road were nearly complete Thursday afternoon. The northern
perimeter of the fire along Skilak Loop Road remained the main focus
of firefighters' attention Thursday evening. Some crews were expect-
ed to be released from the fire Sunday.
As of Wednesday night, more than $180,000 had been spent fight-
ing the Hidden Creek fire.
Despite Thursday's cloudy skies, cooler temperatures and light
rain, fire danger remains high. The relative humidity south of
Ninilchik remains very low and the ban on open burning remains in
effect and violators will be prosecuted.
0
JAZZ 0 TAP • BALLET
Child Through Adult
01 [01
nonce Co. Trouts
June 3rd
Register Now For both
283-5995 Office
262-16g1 Studio
chance
extras,
Ff
Fede
For m
MEMORANDUM
To: Dan Morris, Acting City Manager
From: Kim Howard, Administrative Assistant
Date: June 13, 1996
RE: GSTN Subscription Agreement
I spoke with Samantha Wilson today with GSTN regarding the one year subscription
agreement the City Manager signed on April 22. She told me that it was impossible to
cancel the contract. She said it is a legal contract and that they have never allowed these
contracts to be broken.
The cost of the subscription was $1,560.00. It was not a budgeted item and there was
not enough money in the account to pay for it. On April 22 Tom and Jay prepared an
Administrative Budget Transfer for $999.99 to City Manager Miscellaneous specifically to
pay for the GSTN Training Tape Subscription.
On May 5 the City Manager asked me to do a purchase order for the subscription. The
account I charged it to was City Manager Miscellaneous, the account he and Jay
transferred money into for this purpose and the same account we used the previous two
years.
On May 6 we received an invoice for $1,560.00. The Finance Director held onto the
purchase order (without signing it) and the invoice.
The balance of the City Manager Miscellaneous account was $945.36 on May 22.
On May 23 Tom asked Jay to do another transfer, for $999.00 to Non -Departmental
Miscellaneous, to pay for the GSTN Training Tape Subscription. He also directed me to
change the account numbers on the purchase order, not to charge it to City Manager
Miscellaneous but to charge it to the "correct" account, Non -Departmental
Miscellaneous. I wrote Tom a memo stating I did charge the subscription to the correct
account. It was the account he and Jay had transferred money to for this purpose on
April 22. I told him it was the same account the subscription was charged to the
previous two years. Tom discussed this with Jay and the administrative transfer was
prepared to City Manager Miscellaneous. Tom then went on leave. The transfer was
never finalized. I spoke with you about the situation and you asked me to see if GSTN
would cancel the subscription.
/kh
C:\WPOOCS\WORK\GSTNDM.MEM
Attachment D
Page 1 of 2
Suggested by: Administration
City of Kenai
RESOLUTION NO. 96-50
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $1,560 IN THE GENERAL FUND FOR MANAGEMENT
TRAINING TAPE SUBSCRIPTION SERVICES.
WHEREAS, the City Manager has signed a contract with GSTN to
provide monthly management training tapes; and
WHEREAS, the City Manager finds these tapes beneficial; and
WHEREAS, money was not budgeted for this service; and
WHEREAS, money is available for transfer from non -
departmental insurance.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Fund
From: Non -Departmental - Insurance $1,560
To: City Manager - Miscellaneous $1,560
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
19th day of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: `_1!
(6/13/96)
kl
Attachment D
Page 2 of 2
First Trust
Washington
Two Union Square
Got Union Street
Suite 2120
Seattle. WA 98101
11 March 1996
City of Kenai
Attn: Charles A. Brown
210 Fidalgo Street, Suite 200
Kenai, AK 99611-7794
Re: Alaska Municipal Bond Bank Authority
City of Kenai 1993 Series A (1st Issue)
(our account ;'#98903932)
Just a reminder that funds for April debt service are due March 21. Please submit payment as
detailed below.
Interest
$33,643.75
If paying by check, please use the enclosed pre -addressed envelope.
If paying by wire, please use the instructions below. Please note that these are new First
Trust wire instructions and your new First Trust account number (also shown in the
caption above). Using the old instructions will result in your wire not being processed.
Send to:
First Bank, N.A.
ABA #091000022
Attn: Fast Trust Company
Credit:
account #180121167365
Benefit:
First Trust Washington
account #47300029
Ref:
AMBBA Kenai 93-A-1
account #98903932
Please contact me with any questions.
Sincerely,
r)461-4107
A. Jones, CCTS
Vice President
-4175 (fax)
ones \ ambba \ apraa \ L=93a1
Attachmen= E
Member Fist Bank System
Page 1 of 2
4,,11First Trust
o Washington
Two Union Square
601 Union Street
Suite 2120
Seattle. WA 98101
11 March 1996
City of Kenai
Attn: Charles A. Brown
210 Fidalgo Street, Suite 2CC
Kenai, AK 99611-7794
Re: Alaska Municipal Bond Bank Authority
City of Kenai 1986 Series A (1st Issue)
(our account #98901433)
Just a reminder that funds for April debt service are due March 21.
detailed below.
Interest
If paying by check, please use the enclosed pre -addressed envelope.
Please submit payment as
cc
If paying by wire, please use the instructions below. Please note that these are new First
Trust wire instructions and your new First Trust account number (also shown in the
caption above). Using the old instructions will result in your wire not being processed.
Send to:
First Bank, N.A.
ABA #091000022
Attn: First Trust Company
Credit:
account #180121167365
Benefit:
First Trust Washington
account ,#47300029
Ref:
AMBBA Kenai 86-A-1
account #98901433
Please contact me with any, questions.
Sincerely,
Michael A. Jones, CCTS
Assistant Vice President
(206) 461-4107
(206) 461-4175 (fax)
s : \ tryra \ hones \ ambba \ aproa \ kend6al
Attachment E
Vemner First Bank Svstem
Page 2 of 2
CITY OF KENAI
cd ea ital 4 4&�„
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 f�
r..noon
'IIIII
MEMORANDUM
TO: Tom Manninen, City Manager
City of Kenai
FROM: Carol L. Freas. City Clerk.
City of Kenai
DATE: January 10. 199&
RE: .ADDITION TO SUPERVISOR'S HANDBOOK
Please place the information in the City of Kenai Supervisors Handbook (appropriate
Table of Contents and page numbering changes will also be needed):
X. CITY COUNCIL MEETINGS
Scope
This policy applies to all employees of the City of Kenai who are responsible for the
preparation of documents for inclusion in city council meeting packets and topics to be
placed on city council meeting agendas.
Policy
a. Regularly scheduled council meetings are held on the first and third
Wednesdays of each month. Council meeting packets and agendas are prepared by the
City Clerk on the last work day of the work week prior to the meeting (normally Friday).
Special meetings are scheduled from time -to -time by council. Packet day for a special
meeting is dependent on the scheduled meeting date.
b. The City Clerk also prepares (copies, organizes, etc.) items needing to be
added to the agenda on the council meeting day, i.e. topics to be added for discussion.
information items, documents for administrative reports, etc.
-1-
Attachment F
Page 1 of 4
Procedures
The supervisor (including City Manager, City Clerk and City Attorney) shall:
a. Forward topics for discussion, appropriate backup information, ordinances,
resolutions, etc. to the City Clerk by 12:00 NOON on the packet day.
1. Construction change orders, purchase orders over $2,500.
memoranda and other items needing review and/or approval from
the city manager and/or other departments should be requested by
the supervisor from the appropriate entity, and allow adequate time
for the other departments, City Manager, City Attorney, etc. to
review and/or approve the documents in order to forward the items
in a timely manner for inclusion on the agenda and into the packet.
When special meetings are scheduled by council, the City Clerk will
notify supervisors (including the City Manager and City Attorney) of
the special meeting date and time. The City Clerk will include with
the special meeting notification the deadline for receipt of
information to be included in the special meeting packet.
b. Agenda items for a regular meeting which were not included on packet
day, i.e. topics to be added for discussion, information items, documents
for administrative reports, additional information for items already on the
agenda. etc. should be forwarded to the City Clerk by 2:00 p.m. on the
meeting date.
C. The deadline for items to be added to a special meeting agenda that were
not included on packet day (additional information for the special meeting
topic) will be included in the special meeting notification.
d. Supervisors (including City Manager, City Clerk and City Attorney) are
responsible for informing their employees, contractors, etc. of these
deadlines.
While emergencies are bound to arise, every effort should be made to comply with these
procedures.
-2-
Attachment F
Page 2 of 4
CITY OF KENAI
it 62d 0,C4,j2,dCJ 4 414r6dJZa rf
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
'1II1►
1"2
MEMORANDUM
TO: Tom Manninen. City Manager
FROM: Carol L. Freas. Citv Clerk
City of Kenai
�(-
DATE: February 121, 1996
RE: ADDITION TO SUPERVISOR'S HANDBOOK
Attached is a copy of my January 10, 1996 memorandum in which I requested an
addition to the City's SuperNisor's Handbook. The addition requested sets a policy (in
writing) for preparation of documents for inclusion in city council meeting packets and
topics to be placed on city council meeting agendas.
What is the status of the request?
clf
Attachment F
Page 3 of 4
MEMORANDUM
TO: Tom Manninen, City Manager
FROM: Carol L. Freas. City Clerk
City of Kenai
DATE: May 22, 1996
RE: ADDITION TO SUPERYISOR'S HANDBOOK
Third Request
Attached is a copy of my original January 10, 1996 memorandum in which I requested an
addition to the City's Supervisor's Handbook. Also attached is my February 12, 1996
follow-up request.
A short time after you received my February 12 memo, Finance Director Sweeney came
to my desk and stated the addition to the Handbook would be made in the spring. The
addition has not been made to date. (With the amendments to Title 23 this winter, i.e.
comp time, leave time for funerals, etc., I would assume there will be other additonsl
changes needing to be made as well.)
What is the status of this request for an addition to the Supervisor's Handbook?
clf
Attachment F
Page 4 of 4
WHITE VENDOR
GOLDENROD ACCOUNTING
CANARY - ACCOUNTING
BLUE SHIPPING & RECEIVING
GREEN - APPROVED COPY
PINK REQUISITIONER
PURCHASE ORDER
CITYOF KENAI
210 FIDALGO STE. 200 PHONE 283-7538
KENAI, ALASKA 99611
VENDOR NO. _ 14 5 71
r_
TO Pacific Telecom, Inc.
LQrdered by: P.W.A.
SHIP VIA:
BY
0
94S PURCHASE ORDER
NUMBER MUST APPEAR ON
ALL PACKAGES AND PAPERS
RELATING TO THIS PUR
CHASE
No. _
Dore 7 / 2 / 9 6
DRIVERY DALE
PREPAY SHIPPING - CHARGE
FOB
PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
SEPARATE ON INVOICETHE
FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
_ ITEM NO.
DESCRIPTION OR ARTICLE
oa DERTIEU
UNIT
UNIT PRICE
AMOUNT
Wellhouse #3 Project
Raise case line to get clearance for drive-
way to well site
5,556.0
TOTAL
0
ACCOUNT NUMBER AMOUNT
619.50.8098 5,55 .0
DEPARTMENT Wellhouse
� S
BY _
DEfA1RMFM HEAD
07/02/96 Sheet of
WORT( ORDER ESTIMATE CD 1__
Work Order Number C60306 Work Order Number C60306
Reporting Area 0046 Location Code Start Date YR/MO 199608
Exchange Number 4601, KENAI ll''tt �Q4 End Date YR/MO 199609
Work Order Title KENA RAISE KENA-SLDT CASE LINE BILL JU� +�"� Ct;osure Date YR/MO 1996111
p{ i Bflfl
'¢ IT, DDP1 Minor
Budget ;tern 69500 Initiator TODD BRAXLING Account Materials Estimate
Budget Year 1996 -------- ----------. -__----
Budget Project Project Category NON -REGULATED - AT-2411000 S 44 S 3,62.2
Original Bud Amt $ 0 Project Type NON-REG EXPENSE AT 3411000 S 0 S 642
AT 3421020 S 0 S 264
Product Line 200 Funding Type REIMBURSEMENTS
Funding Amount S 0
Reason. Type OTHER------- —---•--------
Does this Work Order replace or AT 9200340 S 0 S 521
--------- ------ reuse property units? Y AT 9200350 S 0 S 5,049
Description Estimate If yes, attac-i form 5208.
_-.. ----------- -. ------ — --- Form#
Stock Materia- S ' 915 ------ ..,--------- -• ---------------
Dir°ect Purchase S -�
�'' Current Custom 8roadgauge: STANDARD
Labor S 1 938 ---._.._.._-------------------
Contractor S Associated Expense Costs $ 507
Overhead S 2,196 Associated Exp. Reimbursements $ 507 .
Other S 5,045�
---- Associated Associated Expense Net Amount S 0 ----------- -------
Total Cost S 0 Associated Operations Savings S 0 Total Accounts S 44 S 0
........... --------
Pre 1996 Budget Year Capital Expenditures
TOTAL
Original 1996 Budget Amount for Budget Item` 6 00 S 0
Budget Year, 1996 Capital Expenditures: Less 1996 Previous Commitments S_ 0
0 ---------- ._
Subtotal $ 0
Post-1996 Budget Year Capital Expenditures: Less this Work Order $ 0
0 Plus Previous/Future Spending $ 0
Less Estd. 1996 Future Commitments $ 0
Total Project All Years Capital Expenditures:
0 1996 Budget Variance $ 0
Estimated Expenditures by Month WORK ORDER NOTES
---------------------------------- ---+------------------------------------------+
Previous 0 July 0 THIS IS AN ESTIMATE OF THE COST TO RAISE
January 0 August 0 THE KENAI-SOLDOTNA CASE LINE AT
February 0 September 0 MILE 7 KENAI SPUR TO GET- CLEARANCE FOR
March 0 October 0 DRIVEWAY TO NEW KENAI WELL SITE.
April 0 November 0 THIS 1S A BILLABLE WORK ORDER.
i
May 0 December 0
June 0 Future 0
Total Work Order S 0 I I
*------------------------------------------+
Project approved, ready to work: Date See Narrative for Additional Information
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Suggested by: Fire Chier
City of Kenai
ORDINANCE NO. 1705-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,987
IN THE GENERAL FUND AS A RESULT OF THE RURAL COMMUNITY FIRE
DEPARTMENT GRANT AWARDED TO THE KENAI FIRE DEPARTMENT.
WHEREAS, the City of Kenai has been awarded a Rural
Community Fire Department grant from the State of Alaska in
the amount of $3,987 for portable radios; and
WHEREAS, this is a matching grant requiring an equal amount
of money be matched by the City; and
WHEREAS, money was budgeted, but $2,000 additional is needed
toward the matchi.ng funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
General Fund
Increase Estimated Revenues:
State Grants, General $3,987
Appropriation of Fund Balance 2,000
$5,987
Increase Appropriations:
Fire - Small Tools $5,987
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
17th day of July, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: July 3, 1996
Adopted: July 17, 1996
Effective: July 17, 1996
—{ ^�
Approved by Finance:
(6/26/96) kl.
TONY KNOWLES, GOVERNOR
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF FORESTRY
June 6, 1996
Kenai Volunteer Fire Department
105 S Willow St
Kenai AK 99611
Dear Kenai Fire Chief -
Kenai -Kodiak Area Office
Mile 92.5 Sterling Highway
HC 1 Box 107
Soldotna, AK 99669
Phone: (907) 262-4124
FAX: (907) 262-6390
Congratulations, your department has been awarded a Rural Community Fire
Department (RCFP) grant under Public Law 95-313, in the amount of $3,987.
In order to receive the grant, you or the official responsible for these matters, must sign
the enclosed 1996 RCFP Funds Condition Statement Acknowledgement and return it to
this office by June 30 1996 If we have not received the signed statement by this date,
we will award the grant to another applicant.
The 1996 RCFP Funds Condition Statement Acknowledgement has the detailed
requirements for matching and documenting the expenditure of this grant money
Please call, or write me, if you have any questions about the program, the requirements
for matching funds. or anything else. My phone number is 262-4124, and my mailing
address is HC 1 Box 107, Soldotna AK 99669.
Again, congratulations, and I look forward to hearing from you.
Sincerely,
CL_-
< John LeClair
U Fire Management Officer
J L: by
C:IWPWIN601FILESIFIREIJOHNIRCFPCON
�4'1 -'/�
Suggested by: Public Works Administrat.Lu„
City of Kenai
ORDINANCE NO. 1706-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000
IN A NEW CAPITAL PROJECT FUND FOR A PHASE I ENVIRONMENTAL
ASSESSMENT OF THE AIRPORT JET FUEL FACILITY.
WHEREAS, the City needs to conduct a site assessment of the
Airport Jet Fuel Facility to determine if environmental
contamination is present; and
WHEREAS, the Jet Fuel Facility is an unleased Airport land,
and the cost of the assessment should initially be paid by
the Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
Airport Land System
Increase Estimated Revenues:
Appropriation of Fund Balance $10,000
Increase Appropriations:
Airport Land - Transfers $10,000
Soils, Airport Jet Fuel Facility, Capital Pro iect
Increase Estimated Revenues:
Transfer from Airport Land System $10,000
Increase Appropriations:
Administration
Professional Services
$ 500
9,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
17th day of July, 1996..
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(6/27/96) kl
JOHN J. WILLIAMS, MAYOR
Introduced: July 3, 1996
Adopted: July 17, 1996
Effective: July 17, 1996
Suggested by: Public Works Administi----..
City of Kenai
ORDINANCE NO. 1707-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,000
IN AN EXISTING CAPITAL PROJECT FUND FOR ADDITIONAL DRILLING
AND ENVIRONMENTAL TESTING AT THE CITY MAINTENANCE SHOP.
WHEREAS, the City conducted drilling and testing of the
groundwater at the City Maintenance Shop to determine the
extent of environmental contamination; and
WHEREAS, additional drilling and environmental testing is
warranted; and
WHEREAS, the Airport has been the lessor of these lands, and
the General Fund has been the lessee of these lands; and
WHEREAS, the City Administration believes that it is
appropriate to split these costs between the General and
Airport Funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
Airport Land
Increase Estimated Revenues:
Appropriation of Fund Balance
$5,000
Increase Appropriations:
Airport Land - Transfers
$5,000
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$5,000
Increase Appropriations:
Non -Departmental Transfers
$5,000
Shop Yard Cleanup Capital Protect
Increase Estimated Revenues:
Transfer from Airport Land
$5,000
Transfer from General Fund
5,000
Increase Appropriations:
Administration
$ 500
Professional Services
9,500
Ordinance No. 1707-96
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
17th day of July, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: July 3, 1996
Adopted: July 17, 1996
Effective: July 17, 1996
Approved by Finance:_
(6/27/96) kl
CITY OF KEN.
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
At Ane ca CRY
992
MEMORANDUM
TO: Kenai City Council
THROUGH: Y1"' Daniel L. Morris, Acting City Manager
FROM: Kim Howard, Administrative Assistant
DATE: June 28. 1996
FOR: July 3. City Council Meeting
RE: Lot 9, Block 1, Cook Inlet Industrial Air Park
Assignment of Lease - Harry O. Johnson, III and Diane H. Johnson to
Harry O. Johnson, III, Diane H. Johnson, Ronald G. Bridge and
Marilyn J. Bridge
Harry O. Johnson, III and Diane H Johnson are requesting the Kenai City Council consent
to the attached Assignment of Lease to Harry O. Johnson, III, Diane H. Johnson, Ronald
G. Bridge and Marilyn J. Bridge. The City Council approved an Assignment of Lease for this
property to the Johnsons at the last Council meeting. The assignment under consideration
for this meeting would give half of the Johnson's interest in the lease to the Bridges. The
property is the site of the former Teamster Building on Trading Bay Road. The lessees are
current in lease payments and property tax on the property.
Does the Citv Council consent to the Assignment of Lease from Harry O. Johnson, III and
Diane H. Johnson to Harry O. Johnson, III, Diane H. Johnson, Ronald G. Bridge and
Marilyn J. Bridge?
The City Attorney has reviewed the document and has no objections. If Council approves
the assignment, a Consent to Assignment will be signed by the Acting City Manager.
cc: Patsv Mizera, TransAlaska Title Co.
Attachment
1h
C:\WPDOCS\LEASES\ASS[GN.MEM
���TransAlaska
'WALV Title
130 Trading Bay Rd., STE 390 • Kenai AK. 99611 • (907) 283-7503 • FAX: (907) 283-7719
Jane 26, 1996
Kim Howard
City of Kenai
210 Fidaigo St., #200
Kenai, AK 99611
RE: Lot 9, B!k 1, COOK INLE-T INDUS7 AIR PARK
Dear Kim.
r RecE+ven
CITyADMIN. QF KENA
Enclosed please find a copy of the proposed Assignment of Lease. Please put this on the agenda to
be heard by the council as soon as poi sible. Upon approval, please forward the signed Consent to
Assignment
1* you need any additional information, please do give me a call.
Sincw8ly,
� / a
Patsy Mizera
Vice President
encl
ASSIGNMENT OF LEASE
This assignment, entered into between HARRY 0. JOHNSON, III and DIANE H. JOHNSON
whose address is 3529 COTTONWOOD, ANCHORAGE, AK 99508, hereinafter referred to as the
Assignor and HARRY O. JOHNSON, III and DIANE H. JOHNSON, Husband and wife, as to an
undividied one-half interest AND RONALD G. BRIDGE and MARILYN J. BRIDGE, Husband and Wife,
as to an undivided one-half interest, whose address is 3529 COTTONWOOD, ANCHORAGE, AK
99508, hereinafter referred to as the Assignee.
Assignor does hereby assign � nd transfer all of their interest in the leasehold estate as
evidenced by that certain Lease Agreement with the CITY OF KENAI, as Lessor, recorded October 17,
1968, in Book 33, page 123, Kena Recording District, and covering the following -described property:
Lot Nine (9), Block One (1), according to the Plat of COOK INLET INDUSTRIAL AIR PARK, filed under
Plat No. K 1448 in the Kenai Recordinc District, Third Judicial District, State of Alaska.
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.
Assignees agree 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 hereto set his hand and seal this day of
1996.
ASSIGNOR:
HARRY 0. JOHNSON, III
DIANE H. JOHNSON
ASSIGNEE:
HARRY 0. JOHNSON, III
DIANE H. JOHNSON
RONALD G. BRIDGE
MARILYN J. BRIDGE
STATE OF ALASKA
)ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this _ day of _ _ 1996, before me appeared
HARRY O. JOHNSON, III and DIANE H. JOHNSON, to me known and known to me to be the person
named in and who executed the above document and acknowledged to me that they did sign the same
voluntarily and of their own free will for the purposes stated herein,
IN WITNESS WHEREOF I have hereunto set my hand and affixed by official seal, the date and
year first written above.
Notary Public in and for Alaska
My commission expires:
STATE OF OREGON
)ss.
COUNTY
THIS IS TO CERTIFY that on this _ _ day of _ _, 1996, before me
appeared RONALD G. BRIDGE and MARILYN J. BRIDGE, to me known and_known to me to he the
person named in and who executed the above document and acknowledged to me that they did sign
the same voluntarily and of their own free will for the purposes stated herein.
IN WITNESS WHEREOF; I have hereunto set my hand and affixed by official seal, the date and
year first written above
Notary Public in and for Oregon
My commission expires:
AFTER RECORDING, RETURN TO ASSIGNEE HEREIN
INFORMATION LIST
Kenai City Council Meeting
of
July 3, 1996
1. 6/19/96 Kenai City Council Meeting "To Do" List.
2. 6/15/97 DOT letter responding to KK letter of 5/8/96 (and
attachments).
3. 5/9/96 Kenai River Special Management Area Advisory Board
meeting minutes.
4. 6/20/96 Kenai River Special Management Area Advisory Board
meeting minutes.
5. 6/25/96 letters regarding gate closing access to Kenai
Avenue from Ken Williams and Mary Ann Williams.
6. Moose Family Center request for purchase of advertisement in
their Hawaii Moose Association Convention booklet.
7. 6/26/96 DEC letter regarding repeal of subdivision plan
review regulations from the Alaska Administrative Code.
S. 7/96 Greater Kenai Chamber of Commerce, Chamber Chatter.
9. 6/28/96 JL letter to W. Cherrier regarding 3,822 sf/Mission
Street project.
KENAI CITY COUNCIL MEETING
JUNE 19, 1996
"TO DO LIST'
CLF - Place public hearing for removal of city manager on 8/7/96 agenda.
Place list of specific reasons for removal of city manager in 7/3/96 council meeting
packet.
Hold Ordinance No. 1704-96 until action is taken by Planning & Zoning Commission.
Place Animal Control Shelter topic on 8/7/96 agenda (with 6/13/96 Kluge letter as back-
up).
Send copy of Municipality of Anchorage Mayor's Community Economic Development
Forum application to Kim Booth. Bob Scott and Theo Matthews.
JL/RF - In regard to Thompson Park Improvement funds, investigate and place in next meeting's
packet:
a. Does the arbitrage (interest) with grant monies fall under the same use
restrictions as the grant?
b. If the arbitrage (interest) falls to the General Fund instead of the grant fund,
could it be used for a contribution to Habitat for Humanities for connecting/
placing a water main to their building projects?
c. If not, with the $450,000 left, would it be appropriate for council to consider an
LID if approached by Habitat for Humanities?
d. If an LID is proposed, how much would it cost the city?
CLF/MK
BF - Change Parks & Recreation Commission meeting from July 4 to July 11.
BF/P&R - Review/amend policies and procedures for Leif Hansen Memorial Park and report back
to council.
RC/MK - Investigate acquisition of grant funding for archeological study of Shkituk' Village site
through Certified Local Government/Judith Bittner.
ADMIN - Extend Bierdeman contract for logging to 8/97.
Page 1 of 2
ADMIN - Send a letter to Cherrier stating that council cannot entertain the request to do the
paving and request the city's use of the land for which he would be paid fair market
value. have an appraisal of Cherrier property done to find fair market value; and
investigate "quick take" of the property if Cherrier refuses sale at fair market price.
JW/
ADMIN - Prepare city's fiscal responsibility for the Industrial Picnic. Include in 7/3/96 council
meeting packet.
JL/
ADMIN - Investigate asphalt patch at Lawton and Wooded Glen Court -- temporary or needing to
be replace"
Remove junk vehicle on beach.
JL/PW - Prepare a plan for plowed snow storage (not by river, senior center, bluff, etc.). Being
back to council for review.
Page 2 of 2
DEPARTMENT OF TRANSPORTATION .AND PUBLIC FACILITIES
([V'TRAI RFG10N - 4VMO, OL DESIGNANO CONSTRUCTION
HIGMVA1 CONSTRUCTION
JUN 1996
June 15 , 1996
Kieth Kornelis
Public Works Director
City of Kenai
210 Fidalgo Avenue., Suite 200
Kenai, Alaska 99611
Dear Mr. Kornel:s:
7S
TON kNO
P.O. BOX 196900
ANCHORAGE, ALASKA 99519-6900
1907! 266-1411 1`4X (907) 243-5097
Project No. STP-022-1(10)/59873
Kenai Spur Hwy, MP 8.1 to 10.6
1 am in receipt of your i-enter dated May 8, 1996. I will address
each comment or it,--m using the numbering convention used in your
letter of 5/81,96.
We do not recommend Diacement of signs to attempt to keep
ATV's off. "rassed slopes. It is not practical to place
signs at all the locations where ATV's can enter the right
of way. Signs a_!_so may lead to confusion to passing
motorists f pla<-ed where visible from the roadway. Instead
we recommend use of a public awareness campaign using radio
spots and :_ewatiaper advertisements along with additional
anforcemenr by --he local police.
Four suQcest on for a turn lane at Tern is beyond the scope
of t-his
The topsol ma�e.ial you mention will be added before the
ccrlpletio:-� cf --h__s -,rojec . Street lights still need. to be
installed. This was not. an oversight.
The Main �`.reer signal lights are on temporary. They have
beer-i and M,.ist re�nair. on temporary until the work is
completed. The letEctor loops for the signals within the
project kits are r.ot fully functional until the
nstallat1 �s -omplete.
We will have tr.e detector loops for the signals outside of
the current prcject _units checked by our---:aintenance
forces.
Installat on of a t.raffic signal network in order to provide
progression through :he signals in Kenai would require
installation of a haz-d wire interconnect cable between each
signal. This would significantly increase the
sophi_sticat.on of the signal system now in place. At tae
present time --he Depai tment does not have a traffic signal
technician ,sLat.icned in the Kenai/Soldotna area. All
traffic signal maint(�nance is done by technicians stationed
in Anchorage. Increasing the sophistication and therefore
maintenance of the signal system in Kenai would not be
advantageous at this time.
4 concerning your request for paving and repairs outside of
this project. We cannot work outside of the project limits
without a supplemental agreement. So, any work would
require a separate bid, the contractor's existing price for
asphalt could rot be used as you state in your letter.
A. We have checked tree vehicle tracking for a WB-50 and found
that the design vehicle can make the turn by making use of
the outside lane can the Spur. The intent of the design was
to keep the intersection. relatively small. A pickup truck
has no problem '.urning into the inside lane without hitting
the median.
In _:rder to help any motorist we will insta:.l a "skip" strip
that will aid vehicle alignment.
Remember that tail will be a signalized intersection when the
work Ls c omr lete .
B. -his turning radius has been designed and built to
accommodate the WB-5C design vehicle. Incidentally, the
oricinal radius was field changed from a 50 foot to a 60 foot
radius.
C. Median loca ions are dictated by safety and operatic)nal
con:--,iderati_c:ns ,f the signalized intersections. No revisions
are reccmmended. The improvements will have a positive
impac cr. she b.is-_nesses by resulting in. a more orderly flow
of t 7affic t-hrosah tre area.
5. -he pro;;ects ,,,ou mention that did not have "proper"
see i_:ng in fact d _d i.ot have any seeding. Those late in the
seasor�(November) signal jobs were not intended to have
topsoil and seeding as a part of the contracts.
This .>ro ec' will have topsoil and seeding placed upon v..
7. -he :.1.imination was determined by the Department to not
Le ,,jarranted at t-ie previously designed locations.
r3. ',.'our cncerns arE, so noted. Our staff has been working
proper'.y owners and will continue to do such. The
project s =i long way from being completed. Once the major
wor{ - s d(;ne the .Drc- ect will be topsoi_led and seeded to the
spe if icat i )ns .
?. Your agreemen w._th Foster construction is city business
and 's outs --de the scope of our work.
--f you have any further questions please feel free to contact me.
Very truly yours
David "Chuck" Swenor
Project Engineer
,attachments:
-..one
CITY OF KENAI
If oil ea iw 4 4&alza ►►
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 trAind
��III►
May 8, 1996
David 'Chuck' Swenor
Project Engineer
State of Alaska, DOT/PF
11312 Kenai Spur Hwy., #9
Kenai, AK 99611
Subject: Kenai Spur Highway 95196 Improvements
Dear Mr. Swenor.
The City of Kenai would like to point out some items concerning the Kenai Spur project
in Kenai.
1. We are concerned about ATV and other vehicles and equipment damaging the
slopes, landscaping, and seeding. See the attached letter dated September 13,
1995, from Kornelis to Sorenson. We suggest proper signage.
2. Please consider extending the transition on the Bridge Access Road further south
past Tern and adding a turn lane for Tern. The state also needs to add fill material
to the shoulders and slopes on the Tern and Bridge Access Road intersection.
See attached November 2, 1995 letter from Kornelis to Sorenson.
3. All of the street light signals on the Kenai Spur Highway need to be synchronized.
The signals include Airport Way, Bridge Access, Willow Street, Main Street, and
Forest Drive. The Main Street signal is horrible! I don't think the underground
detection loops do anything. Many times, with no traffic in sight, a single vehicle
traveling on the Spur is stopped by the light or a row of traffic is stopped for no
reason. Turn signals go green when there is no one turning, thus causing traffic
on the Spur to remain stopped for no reason. All of these signals need to be
worked on by someone who knows how to properly set the main signal and the
turn arrows. The light should also be set so you can travel on the Spur at 35 mph
and not have to stop at each light.
Since two of these lights are on this project, DOT should be able to make these
corrections as part of the project.
Page 2
Swenor DOT/PF
5/8/96
4. The paving on many of the intersections on the Spur are falling apart. The asphalt
seams, from where the state installed signal loops, are separating. There are also
ruts in the asphalt. Some manhole tops are set too high and could use additional
paving around them. The main intersections in Kenai should have an asphalt
overlay. I realize this is not part of the Spur Improvement project but DOT will
probably never get a better price for this work than now, when Alaska
Roadbuilders is paving.
5. All of the curb and asphalt medians need to be looked at very closely.
a. Coming from the airport on Airport Way, when you turn left on to the Spur
you often hit the Spur median. Even a pickup has a hard time not hitting the
median. I doubt a large truck and trailer could even make the turn. Large trucks
and trailers travel Airport Way often going to K-Mart, Carrs, Trading Bay, and the
airport. This needs to be fixed.
b. Going north on the Spur and turning right on Main Street Loop just past
Dairy Queen is a problem. The distance between the median, curb and gutter and
sidewalk is very narrow. Our city graders cannot make the turn without going up
on the sidewalk.
C. The medians and access to businesses should be looked at very carefully.
Many businesses were impacted by the construction last year. We do not want
the improvements to have a negative impact on any businesses after they are
completed.
6. Proper landscaping and seeding are very important in Kenai. DOT has often left
a project without proper seeding. Look at the Main St. Loop signal and the Forest
Drive signal projects. Both had inadequate landscaping and seeding. Even today
the Forest Drive intersection has no topsoil, landscaping, or seeding. It is a sand
surface which allows sand to be blown over the sidewalks and roadway. The area
always looks messy with sand everywhere.
7. Before this project was bid DOT/PF cut way back on the amount of street lights
for the project. The city is very concerned that there will be enough lighting on this
area of the Spur.
8. Property owners adjacent to this project (and the city) are very concerned about
getting properly graded, landscaped, and seeded areas in the State ROW and
areas that were disturbed on their property. We are also concerned about
driveway access. Please take extra special care in this aspect of the project.
Page 3
Swenor DOT/PF
5/8/96
9. The city has an agreement with Foster Construction to properly grade and seed
the area between Lawton, Spur, Rogers and Walker. We do not want any
undesirable material left on this site. The excess mud, trees, and debris needs to
be hauled off and the area, graded, and seeded. Foster has also agreed to place
gravel on the dust bowl parking lot and grade it.
I have tried to summarize the concerns that the City Council and the Administration has
on this project. If you have any questions or comments, please contact me.
Sincerely,
Keith Kornelis
Public Works Director
KK/kw
cc: Mayor Williams and City Council
Tom Manninen, City Manager
Jack La Shot, City Engineer
C:\WPDOCS\PROJECT\SPUR\SWENOR.LTR
CITY OF KENAI
►� c� C,�� 4 4144AI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
�i.weati
'IIIII
September 13, 1995
John Sorenson
State of Alaska, DOT/PF
11312 Kenai Spur Highway, #9
Kenai, AK 99611
Subject: Kenai Spur Highway
95/96 Improvements
Dear Mr. Sorenson:
The City of Kenai is very concerned about ATVs and other vehicles or equipment
damaging the slopes along the Spur Highway. It was brought to the City Council's
attention at their last meeting how badly the slopes, landscaping, and seeding has been
damaged on the new Sterling project.
Attached is a copy of Chapter 13.40 of the Kenai Municipal Code, which govems "Off -
Road Operations of Motor Vehicles" for the city.
The City Council would like to request that DOT/PF put up signs stating ATV's are not
allowea on the grass. We are also concerned that motorized venicles will be using the
pedestrian and/or the bicycle paths. We suggest "No Motorized Vehicles" signs be
placed along these paths.
Thank you for considering these requests. Please respond in a writing so that I can pass
on your response to the Mayor ano City Council.
Sincerely,
Keith Komelis
Public Works Director
KK/kw
cc: Tom Manninen, City Manager
Mayor Williams and City Council -- �4/'l;
Gene Huff
George Church, D.O.T.
Chapter :3.40
OFF -ROAD OPERATIONS OF MOTOR VEHICLES
Sections:
13.40.010
Definitions.
13.40.020
Off -Road Vehicle Operation.
13.40.030
Special Stops Required.
13.40.040
Speed Limits.
13.40.050
Helmets.
13.40.060
Operator.
13.40.070
Pared and Guardian Responsibility.
13.40.080
Penalty,
13.40.010 Definitions An off -road motor vehicle is:
(a) Any motor vehicle not authorized for operation on a public roadway according to
State iaw or regulation.
(b) Any motorized vehicie that is being operated off of the maintained streets and
roadways. (Ord.883)
13.40.020 Off -Road Vehicle Operation: it shall be unlawful for any person to operate
an off -road vehicle in the City of Kenai:
(a) On public or private property without the express or implied consent of the owner,
his authorized agent, or representative.
(b) On municipal park lands, except where specifically authorized, municipal
playgrounds and school playgrounds areas except by special authorization or in a specially
designated area.
(c) On a City or State maintained roadway, sidewalk, or on a path or trail designated
for bicvcies or pedesuians. uniess such travei is necessary to go around an obstruction or
hazard.
(d) On any City or State road right-of-way that has been landscaped, seeded, or
otherwise improved. '
(e) In such a manner as to produce sufficient noise to disturb the peace and quiet of
another.
(f) In such a manner as to cause damage to improved property or destruction to the
terrain. (Ord. 883, 1171)
13.40.030 S=al Stops Required: In addition to obedience of all state traffic
regulations, an off -road vehicle operated on a City or State road right-of-way trust come to
a ftall stop prior to crossing any street. road. or private drive. (Ord. 883)
13.40.040 Sneed Limits: ne speed limit shall be 10 mph while ruing in a right-of-
S----------------------------Q13-11 -----------------------------
0-03710/89
CITY OF KENAI
way of a residential or business area, a parking lot. or as authorized in KMC 13.40.020(c), or
in close proximity of another -prson(s). (Ord. 883)
13.40.050 Helmets: No person under the age of eighteen (18) shall be allowed to ride
an off -road vehicle in the C tv Ix"Mout wearing a helmet which meets safety standards set by
the State of Alaska. (Ord. 883)
13.40.060 Ovmtcr. 7-le vehicle operator must be able to reach and operate all
controls necessary for safety. 'Ord. 883)
13.40.070 Parentai and _Guardian Responsibility- When a person under the age of
eighteen (18) years violates any part of this ordinance, his parent or guardian is also in
violation if:
(a) The parent or guardian knowingly allows the violation to take place; or
(b) The parent or guardian fails to take reasonable precautions to prevent the violation.
(Ord. 883)
13.40.080 Penalty- A violation of any provision of this chapter shall be punishable
by a fine as provided for vioia=ns in KMC 13.05.010. (Ord. 883, 1240)
--------------------------------------------
S50-03110/89 13-12 ------------------
CITY OF KIINAI
CITY OF KENAI
41
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
ar
1II�I�
�z
November 2, 1995
John Sorenson
State of Alaska, DOT/PF
PO Box 196900
Anchorage, AK 99519-6900
Subject: Kenai Sour Road Proiect
Dear Mr. Sorenson:
At last night's city council meeting (11/1/95) our Council made the following suggestions:
1. Change the 'Road Closed' sign at Spur and Tinker to make it less confusing as
to which road is closed. (The old Spur Highway.) Maybe you can add an arrow.
2. Consider extending the transition on the Bridge Access Road further south past
Tam and/or adding a turn lane for Tem.
3. Adding fill material to the shoulders and slopes on the Tern and Bridge Access
Road intersection.
Thank you for considering our City Council's suggestions.
Sincerely,
Keith Komeiis
Public Works Director
KK/kw
cc: 1�layor Williams and City Council (11/22/95)
Tom Manninen, City Manager
Ca\HPDOCS\PROJECT\SPUR\COUNCIL.LTR
KENAI RIVER SPECIAL MANAGEMENT
ADVISORY BOARD
Thursday, May 9, 1996
Kenai Peninsula Borough Assembly
I. CALL TO ORDER
FKENAI
�-
AREA
Chamber CITY CLEF:
A. Roll Call
Members Present: ?at Sower, Chris Degernes, Iry Carlisle, Ken
Lancaster, Jim A. Richardson, Tom Knock, Ben Ellis, Jim H.
Richardson, Ted Wel--_:pan, Duane Harp, Robin West, Jeff King, Lance
Trasky, Robin Nyce, Jack LaShot
Members Absent: Peggy Mullen
B. Approval of February 13 minutes. The minutes were
approved as written.
C. Agenda Changes and Approval. The agenda was amended tc
include as item A. Wetlands - Discussion of HGM Models Project by
Jim Powell, Item F. Request a meeting of the board with Governor
Knowles, Item G. Thank You Plaque for Dale Bondurant - Jim A.
Richardson.
II. PUBLIC COMMENT
Lisa Parer updated tie beard on the Kenai River Center and other
Borough news related to the river. She introduced the Boro's Kenai
River Center staff: Cathy Wagner is the Administrative Assistant
and Ken Bryant is the Borough permit coordinator. Lisa also said
there will be an Open House of the Kenai River Center on July 5th,
with dedications by the Governor and Senator Stevens. Patrick
Bennett, who won the Caring for the Kenai contest will make a
presentaticn to the 9orc Assembly on May 21. The Kenai Peninsula
Assembly passed the Habitat Protection Ordinance on April 22 and
it will go into effect on May 15. Lisa said she would provide the
board members with a copy of the ordinance.
Ben said that he is worried about funding for the KRC. He said the
board should write a letter to Director Jim Stratton and to
Commissioner John Shively expressing the interest that the KRC be
staffed for 12 months by State Parks.
Lance Traskv said Fc:G may not be able to afford to provide year
round staff for the :CRC either.
Ted said it would be a joke if we do not fully staff the KRC so we
should strongly word t`ie letter to the Director and Commissioner
polnT:ing that out.
Ben then said we should amend the letter to include the F&G staff
and send also -o the FAG Commissioner and copied to the
Gove rror
KENAIVER SPECIAL MANAGEMENT 2
AREA'ABWISORY BOARD - Minutes 5/9/96
The :"card urianimc-usl�- voted to send a letter supporting the above.
Ancther publi; member SILL STOCKWELL spoke to the board
representing the Quart:. Creek Homeowners. He passed out to each
board member a handcut on the issue he addressed and asked the
board to support. this issue.
III. NEW BUSINESS
A. WETLANDS: HydroGeoMorphic Model. Bruce Phelps explained that
the wetlandsidentifiedin the management plan are mapped on a
gross scale and do not have very good definitions. The "HGM"
(Hydrogeographic Model.) project will be an opportunity to utilize
federal monies tc better evaluate wetlands. He then introduced
Jim Powell from ADEC.
JIM POWELL told the hoard that with this process we have an
opportunity to get consensus on the science. With the HGM
methodology, local folks can put a value on the wetlands based upon
science so national models don't have to be used. Jim said that
Phil North of EPA strongly supports this, and EPA would be willing
to give t.s money to do this. Jim urged the board to consider
incorporating this methodology in the management plan revision
deliberaticns.
Jim suggested a letter of support to the Commissioner of DNR, with
a copy to the F&G Ccmmiss-loner. This letter should endorse the
concept, and involvement of the Advisory Board in the planning
process in HGM.
Duane expressed some concerns that this process will take about 1-2
years and would not be available to help us with the KRCMP revision_
but it would be valuable toward solving interagency coordination
for wetlands management.
Bruce suggested this process be done and incorporated into the plan
later. it has a great possibility of changing how the Corps
considers and issues wetland permits since the will more likely
follow the recommendations of the KRCMP if this methodology is
used, Sirlce its based bath upon science and local values. It
will, make the Corps actions more predictable.
There was some discussion about the current Corps wetland permits.
Lance Trasky thinks the general permits are a real problem. A
property .owner can piece together a bunch of GP's and fill their
entire lct.
Jim H asked that a COE staff person be invited to a future meeting
to explain exactly, what, nationwide permits are.
Jim A sucgests :_ettez is DNR and FYG Commissioners to endorse the
KENAI RIVER SPECIAL MANAGEMENT 3
AREA ADVISORY BOARD - Minutes 5/9/96
Board pursuing the H,73M methodology process.
The r:oard voted unanimously to send a letter.
A. Kenai River Community Forum Update - Michelle Brown, TNC.
Michelle Brown gave an update on the activities that occurred at:
the Kenai River Forum. She said 145 people registered and 70
worked through the whole process. Several key note speakers
provided presentaticns and the group spent a lot of time generating
lists of what they valued on the river, what it should look like in
20 years, and what actions should be taken to accomplish goals the
group proposed.
The groups generated 9 priorities, listed on a handout provided by
Michelle. There w..11 also be a written report on some of the
comments that were recorded during the weekend and it will be made
available to the board.
Out of the Kenai River Forum, a non governmental group was created.
This will be to develop river -friendly economic education and
development. TNC does not want it to be in competition with the
Kenai River Advisory Board.
C. Establishing goals and objectives for Kenai River
Comprehensive Management Plan Revision. Bruce said to keep in
mind goals are really a reflection of what the public wants. For
the rune 20 meetinq Bruce wants the board to adopt working goals
and objectives. Bruce reviewed the directions of what will occur in
the upceming goals and objective process. Some of this material
was covered in the afternoon meeting.
Bruce said staff and board members alike will help with identifying
missing goals to add t; the list.
Ted asked for an opportunity for board members to meet maybe once
a month this summer due to the importance of the revision cf the
manacrement plan.
Chris puz forth a motion to have board meetings monthly during the
summer_ Duane amended the motion suggesting that rather than
having board meetings it could be committee meetings to discuss
only the revision of KRCMP monthly, or as needed, but at least. once
between June and September.
There was unanimous consent for the above.
Tt was then decided the simmer meetings will be June 20 and August
8.
D_ Kenai River Comprehensive Management Plan Process -
future meetings. Bruce said `he concept plan will lay out a general.
KENAI RIVER SPECIAL :MANAGEMENT
AREA ADVISORY BOARD - Minutes 5/9/96
4
approach It wilt be a good basis to find out where the holes are
so staff can focus cr these areas. With the addition of the August
meeting -t will }ielF w _th the concept plan.
E. Update on Lower Skilak Campground - Robin West
Concerns were raised by FAG about putting more people on the river
in this area. This project improves the road and provides for
parking for seasonal use. Bid is out right now and will close on
the 14th. There will be .3 parking areas off the road. The road
will be resurfaced so all the soft spots will be taken out, and
there will be a better turnaround at the boat launch. The
campsites will not be changed, however the toilets will be upgraded
and there will be a new well. There will also be a trail that is
immediately adjacent to the road to keep people off the road when
they are walking. ^onstruction is supposed to occur July through
September.
F. Legislative Interaction - Board Involvement - Jim A.
Richardson - Jim decided to skip over this agenda item and rather
than deal with this now he would like the legislative committee to
work on this for next w-nter. This stems from a teleconference Jim
was involved with in January asking if this board wants to take a
more proactive apprcacn in funding of parks, etc., lobbying for
funding so parks do not have to be put out to concession. There
will be another teleconference next week. This was referred to the
legislative committee for now.
G. Proposal to invite the Governor to attend a board
meeting. Jim A. requests sending a letter to meet with the
Governor at his-onvenience, either at his Anchorage office or in
Soldotna.
Pat suggested t:~at t-e board members might meet the Governor at the
Open House for the Kenai River Center on July 5.
The board consented lnanimously to send a letter to the Governor
requesting a chance tro meet with him.
H. Plaque to Dale Bondurant. Jim A. Richardson said in view
of all that Dale Bondurant has done to promote the protection of
the Kenai River, and for his service to this board, he suggested
the board invite him tic one of our summer meetings to present him
with a plaque honoring his contributions.
This was unani=;sly ar)prcved - the staff will get a plaque made
for this purrose.
IV. PUBLIC COMMENT
KENAI RIVER SPECIAL MANAGEMENT
AREA ADVISORY BOARD - Minutes 5/9/96
A. Board Co=ents
E
Ben: Kenai River Sportfishing Inc., teamed with the City of
Soldotna will be constructing a board walk, fishing platforms, and
a cleaning table in front: of the Soldotna Visitor Center. Work
should start Mav 15/16 with completion around July 2. This is a
$60,000 project. Secondly, F&G will be closing a section of the
Kenai River by the King Salmon sonar counter. Apparently motor and
propeller wash mask the sonar image when people backtroll in that
area. They will issue an EO (Emergency order) for the first run of
kings, and it will be lifted as soon as bait fishing is allowed
since more people will switch to drifting then. Ben felt that F&G
should have discussed this with the Board before they imposed a
change like this.
Ted: Ted read in the paper that there will be 16.1 miles of the
Kenai. River closed this summer because of habitat. No details on
which area will be closed or how decisions were made. He agreed
with Ben that F&G should have been here to present this information
to the board.
Duane: it's only 9:15 pm and we're done!! Russian River Anglers
Environmental Trail Assessment will be out for review next week.
Lance: Regarding sportfish c.-Losures, they are generally in areas
not presently impacted but he has not seen where this is. He will
ask Doug Vincent -Lang for more information. Also Sport Fish
Division will be doing an update of the 309 study. There are plans
to rehabi1it- ate Spor_smans. F&G is also buying 8 pieces of property
in addition to EVOS purchases. Recently 2 biologists went to
conferences outside dealing with logging, etc. and would like tc
invite them to share what they learned with the board.
Jim A.: Jim said he received a letter from F&G - Wildlife
Conservation Division asking him to pass out info about a new
program, Wildlife Funding Initiative. He referred this information
to the legislative committee.
Jim also had some information on Cooper Creek Dam and the FERC
license requirements that he passed on to the permit committee.
Jim has been asked recently many times why we are not doing
something about guide limitations. He would like staff to put
together a fact sheet of what has been tried and any information we
have on this issue to help board members answer such questions. It
will probably be an _ssue we will deal with in the revision cf the
KRCMIP .
Robin West: Reminded the board of the fishing closures which
includes a fishing closure on the public easement at the 'loose
Range Meadows. _t will be a hot issue as some of the neighbors are
KENAI RIVER SPECIAL MANAGEMENT
AREA ADVISORY BOARD - Minutes 5/9/96
0
very' :- this area i be closed. F &G plans to stand by their
decision.
Pat: Asked for a Caymas update. Suzanne said there is none but
will be responding t.:c the Boro soon.
Jeff : Said we need t3 rally our forces to get the folks funded that
are working at the Kenai River Center. Thanked Michelle Brown for
doing the Forum. The Guide Charter Task Force completed its work,
authored a resoluticr_. HE 175 passed the House, but was stymied in
th.e Senate by Sen Salf.crd because he saw it as a first step toward
limited entry.
Ken: Soldotna Creek Park -.s open with minimal flood damage. '_"here
will be a grand open:.ng in the near future.
Chris: The Kenai River Flood helped fund the removal of two jettys
at Sings. Work at the Pillars started this week. Work will be
ongoing with completion :_n 1997. This includes bioengineering
repairs of bank damage, constructing a new double boat ramp, and
installing new floating docks. Morgans improvements will start
next week, recreation restoration by Marine Recreation Project,
with board walking and fishing platforms. This work should be done
before mid -July when fishery begins.
B. Date/Agenda of Next meeting. June 20 at KPB.
KENA1 RIVER COMPREHENSIVE
MANAGEMENT PLAN
1996 UPDATE
The Alaska Department of Natural Resources is updating its
Kenai River Comprehensive Management Plan.
What is the Kenai River Comprehensive Man-
agement Plan? The Kenai River Comprehensive
Management Plan is the state plan used to manage
the recreational and habitat resources on the Kenai
River and adjacent state land.
Why is the Plan being updated? Since the plan
was originally completed in 1986, much has
changed on the Kenai River. In addition to in-
creased numbers of people using the river, we now
have much better information on the impacts of this
increased use on the river's fish habitat. In addition,
recreational use conflicts are growing as more and
more people seek the river's recreational opportuni-
ties.
What can the plan do? The plan sets policies for
the use of state land and wateralong the Kenai River,
and identifies where the state should build public
facilities and access. The plan also makes recom-
mendations for how other landowners could manage
their lands to best protect the resources within the
Kenai River's watershed. The plan intends to inte-
grate the management strategies of other state and
federal agencies
How is the plan being updated? The plan is being
revised by the Kenai River Advisory Board, with
staff support from the Department c f Natural Re-
sources (divisions of Land and Parks & Outdoor
Recreation), Alaska Department of Fish & Game,
and the Kenai Peninsula Borough. We hope to have
a draft plan available for public review this Fall, and
then complete the plan in the Spring of I997.
How can I be involved? Your input is critical to
the success of this process. There will be several
public review periods (and public meetings)
throughout the process at which you can give us
your input. You can also call or visit project staff
anytime. Most importantly, you should ask to be on
the project's mailing list to be kept informed of
planning issues.
FOR MORE INFORMATION CONTACT:
Chris Degernes, Kenai Area Superintendent
Alaska Division of Parks & Outdoor Recreation
Box 1247
Soldotna, AK 99669
phone: 262-5581
fax: 262-3717
Bruce Phelps, Project Manager
Alaska Division of Land
3601 C Street, Suite 980
Anchorage, AK 99503
phone: 269-8592
fax: 269-8935
QLASKA
STATE PARKS LAND
KENAI RIVER SPECIAL MANAGEMENT AREA
ADVISORY BOARD
Thursday, June 20, 1996
Kenai Peninsula Borough Assembly Chambers
I. CALL TO ORDER
JON 1996
-d
�£PL
A. Roll Call
Members Present: Pat Sower, Chris Degernes, Ken Lancaster, Jim A.
Richardson, Tom Kncck, J.m H. Richardson, Ted Wellman, Robin
Test, Jeff King Dance 71-asky, Robin Nyce, Jack LaShot, Peggy
Mullen
Members Absent: ry Carlisle, Ben Ellis, Duane Harp
B. approval of May 9 minutes. The minutes were approved as
arilter_.
C. Agenda Changes and Approval. The agenda was amended to
add a section to discuss with Governor Knowles during
the Jul-v -996 meet.-ng with. the KRSMA Board. The amended
agenda was then appro-red.
II. Public Comment
No comments were made by the public.
.III. New Business
A. Nationwide Permits Discussion - Larry Reeder, Army Corps
of Engineers
The ?oard requested a representative from the ACOE to attend a
Board meeting to discuss the Nationwide Permit program. Larry
Reeder prcvided some background on the NW program, and described
how an individual may obtain a NW permit for specific types of
act-4-l'ities wit --'-in wet__anas or waters under the ACOE's
urisdiction.
The discussicr, centred around how the ACOE could allow an
U- ' dual to f ill ver_lar.ds under an assortment of NW permits
after the State had fount. the applicant's individual permit
applicaticn -,,ccnsistent with the Alaska Coastal Manacgement
Program. The applicant elevated his denial through the Director
and Commissicr:er -e-re-s and was still denied a conclusive
consistency detrrr.i :arior_. The ACOE then denied the individualL
permit "or the fill proposal. The applicant then was
assisted t::e ACOE t:o T iece together NW permits to gain
permiss _cn :...1 ;er_lar.ds contiguous to the Kenai River.
im i. Richardson expressed a great deal of concern that the A'."CE
disregarded ey:iensiie public and agency opposition to this
proposa' and -hen i ssiied a mw permit.
Kenai River Advisory Board Meeting Minutes
June 20, 1996
2
Larry explained that all the NW permits are up for review, with
comments due _n mid August. He stated that the ACOE would be
rery recen_t._e reasonable comments made by the KRSMA Board
regardi.-ag how -`Ie `,1d permits should be administered in the Kena,
River drainage. He aiso stated that the ALOE is very suppertrve
of the Hydrogeomorphic Model (HGM) program and would like to see
i.t. impleT,ented _or the Kenai River watershed.
The discIssion also covered how the ACOE monitors permitted
activi�ies for compliance with permit requirements. A committee
was established to work 7n reviewing the NW permits prior to the
August comment deadline. Lance Trasky will chair the committee
whip_. will also have Jac: LaShot, Ken T,ancaster, Bruce Phelps,
-im H Ri_cliardscn, Jim A. Richardson, and Chris Degernes on the
committee. This committee will bring to the Board
recommendations ccnsi1er at the August 8 Board meeting.
B. Review of Goals and objectives for the KRCMP Revision.
The Board was d�.vi.ied into four groups to review the draft G&O
provided by Bruce. These G&O were synthesized from the draft
work completed dur_nq the May Board meeting. Each group made a
brief T:�resentaticn to the full Board, and Bruce stated that he
will take the comments and prepare the final "working Goals and
Objecti-ves" _`or the Board.
C. KRCMP Concept Plan
The subgroups that worked on parts of the Goals and Objectives
also worked on reviewing draft recommendations found within the
draft Concept Plan. Each group made a brief presentation to the
full .Board, and as with the G&O above, Bruce will prepare a more
final copy of the Concept Plan for distribution. Bruce explained
that tIe purpose cf the Concept Plan is to gauge whether we are
generally on track for preparing the plan that we need.
�'ed Wellman expressed concern regarding the lack of specificity
for different segmenr_s Df the river. The draft Cw0's and concept
Plan are too general, in his opinion. Bruce stated that lie would
like to work with interested members of the Board to prepare sDme
new sections that will provide the specificity that Ted
requested.
The Plan's Technical Report will consist of a lot of background
information and should ce completed within a couple of weeks.
Bruce advised the Board that the Technical Working Group will be
meet.i.nc; next week wr_ Anchorage to review aspects of the Plan tc
date. Board members are welcome to attend if they wish. The
meet-L,n , will he h-plc on Wed. June 26 at : 30 pm in the Lands
conference room. The "Iechnical working Group will consist cf
Kenai River Advisory Board Meeting Minutes
June 20, 1996
3
agency representat:_ves sich as EPA, US Fish and Wildlife Service,
DEC, etc. that are not o::herwise represented on the KRSMA Board.
Prior to this meet--_ng, several Board members will get together to
work on developing some craft recommendations for specific
segments of the river.
The Soard briefly ciiscussed the items that should be covered with
our meeting with Governor Knowles on July 5. They include a
briefing on the progress of the Management Plan, wetlands/Corps
of Eng-veer concerns, and funding support requests. Jim A.
Richardson: will let: the Board members know when and where cur
meeting will be he-ld as he is the person working with the
Governor's Office on this meeting.
IV. Public Comment
Wait Arthur expressed concern regarding the lack of coordination
and cooperation between agencies involved in permitting. He
requested that permit applications be available on the Internet
so that it is more efficient for applicants to obtain and file
permit applications. Lance replied that the Kenai River Center
will. be making the applications available in just this way as
soon as their computer specialist finishes the task.
V. Adjournment
A. Board Comments
Peggy: prefers not using the acronym "KRAB" to refer to the
Board, rather recommends that we use "KRSMA Board"
instead.
Robin W. Update on projects within the Kenai National Wildlife
Ref.uae: The Moose Range Meadows Subdivision public
easement will be closed during the second run of
sockeye, but the property owners will be allowed to
fish there. US FWS is trying to acquire a parcel of
land `prom the Salamatoff Native Corp. to use as
substitu_e pudic access land for fishing access. It
coube developed with rest rooms, boardwalks, etc. tc
accommodate tr_e public use. They are also working on
purc:I.:asi-:g the undeveloped land owned by Salamatoff
upstream from Moose Range Meadows, with EVOS funds. It
is 1-_;oki _g good for acquiring lands held by the Kenai
Nat-.•e Association below Skilak Lake and on the Moose
River, also u_:ing EVOS funding. Construction work at
Lowe, Campground will be progressing through the
summer, Restoration at Jim's Landing Campground is
complete, :he orange fencing will be replaced by a
spii'_ rail ferice this summer by the ACC crew and the
road wi1'_ be i-elocated this fall.
Kenai River Advisory Board Meeting Minutes 4
June 20, 1996
Lance: ADF&G is administering 40 cost share grants on the
Kenai River. They are also pursuing the purchase of 5
parcels for habitat protection. Additionally, 16 miles
of river _`:rent has been closed to angling to protect
habitat d•_ring the second run of sockeye salmon. The
Sportfish Division is conducting a cumulative impact
study on habitat this summer, similar to the 309 study
conducted by the Habitat Division a couple of years
ago.
Chris: Funding for a full. time staff person at the Kenai River
Center was assured when Director Jim Stratton received
the R�,arci 5 tla� letter requesting his assistance. Jim
realiCcated funds from elsewhere in the state to ensure
that -he Kenai River Center would be fully staffed by
Parks. `�e Marine Recreation Project's Morgans Landing
trail work Ls well on its way, with completion of
boardwalks, fishing platforms, stairways, and. hails to
be completed before the second run of reds starts.
Morgans will have a series of closed areas combined
with developed fishing access areas, with an angler
trail providing access well back from the river.
,Tack: The C_ty of Kenai is working on a project to protect
the dines at the mouth of the Kenai River. These dunes
are heavily impacted by anglers and dipnetters each
summer.
B. Date/Agenda of next meeting
The next meeting will be held on Thursday, August 8 at 5:30 pm at
the Kenai Areareaaquarters at Morgans Landing. A potluck and
barbecue will be held this evening. {More detailed arrangements
will be made later .i The agenda will include discussion and
action on the Nationwide Permits Comments plus further work on
the Kenai River 'ompr. el ens_Lve Management Plan.
submitted; June 3�., 1996, Chris Degernes
G,
Dear Kenai city planners,
Your latest attempt to wreck the fishing access to the river should work.
1> You've already killed more dune grass with your gravel and log barrier
along the road than has been killed by all the fishermen that have ever parked and
walked there. This is a typical misguided, permanent solution to a non problem.
2> If you would have taken time to examine the dunes after the fishery, you
would have noticed it took very few days for the grass to spring back. With your
gravel/log barriers you've done permanent damage.
3> Where a 100 cars could park so the citizens could enjoy the beach you've
managed, with your grass killing road modification, to substantially reduce this
number.
4> Last year it was crowded with cars 2 or 3 days a week, when the
subsistence fishing was open. This year the subsistence fishing will be open every
day so there won't be the crush caused by forcing everyone to fish on the same
days.
5> When we called the number posted on your gate that will block the road
to all during the subsistence fishery, we were told the real problem was ATV,s
running over the dunes. All you need to stop that is to post signs to keep the ATVs
away, then arrest a few violators and that problem will go away.
6> This poorly thought out change is really going to make it hard for older
citizens to take part in the subsistence fishery.
I don't have to do my shopping in Kenai and I won't if that gate goes closed.
Ken Williams
10819 Spur Hwv
Suite 231
Kenai, Alaska
9% 11
RE�C IVIED
KENAI CITY
Mile 30
Nikiski, Ak. 98635
Kenai City Council
Dear Councilmen:
I am writing concerning the gate that has been put up on the Kenai River access.
I like to dip net and this is the easiest access for me to be able to drive to. I am not as young as some of the
people that fish here and am concerned not only for myself but for the other older fishermen who have had
easy access to the dipnetting by this toad. I was told you will be building walkways to save the dunes and
that then people will be channeied to use the walkways. This is perhaps a good idea. I do not see slot of
damage from people walking over the existing pathways. And if there is always to be a gate there then why
would you spend the money on walkways? As I look at it , it does not look all that much different from several
years ago when I began to fish this side. I was told that most of the damage is perceived to come from the
ATVS that use this area and that a "NO ATVS" sign would not stop them . If this is the case, then a gate will
not stop them either as they will go around it. It will prevent easy access to people like myself who find it very
hard to carry gear all that way. If the ATVS are a problem and signs will not work then why not issue a few
citations? It seems to me that the majority are being denied access in order to control a very few people who
have ATVS. I really do hope that you will reconsider the closure of this road. This is such a wonderful fishery
and such a wonderful advantage to the residents here. It just seems a real shame to hinder it this way.
Will you allow parking on one side of the road? It would seem if you are intent on this road closure that you
should have considered adding additional parking.
Obviously you expected comments or you would not have put up a sign inviting response. I do hope you will
reconsider. If you will have walkways by next year then what harm would there be allowing the status quo
until they are built. You will always have to deal with the ATV issue and it will have to be solved by word of
mouth. If fines followed by impoundment of vehicles on second offence does not deter I would be most
amazed.
Looking forward to happy fishing with happy fishermen.
Sincerely,
Mary Ann V. Williams
l GGQ� �r vn L y
i�
RECEIVED
=2-
KENAI CITY C! !--RK
MOOSE FAMILY CENTERt ,
PENINSULA LODGE # 1942
12853 SPUR HWY.
P.O.BOX 1902
KENAI. AK 99611
907-283-9181
The Kenai Moose Family Center will be hosting the ALASKA-
HAWAII MOOSE ASSOCIATION CONVENTION here in our
area on Sept.25-29,1996. We expect about 200 "Moose"
representatives from all over the state plus Hawaii and our
International Headquarters.
Of course we want to make a good impression and would
appreciate your help in supporting this upcoming event. We
will publish a 20 page booklet with itinerary and ads from local
businesses whom we support.
We would appreciate YOUR support by purchasing an ad or
helping to fill our "goodie bag". With a 200 item "goodie bag"
donation you will get a free business card size ad. Deadline
for ads is August 30, 1996, but to make it easier for me,
please place them as soon as possible.
Please see the attached for the cost of our ads.
Betty Idleman
advertising chairman
P.O. B 8566
Nikiski, Ak 99635
907-776-8590
A
1/4 Page
Boosters
Full Page
$150.00
Half Page
Business Car
$25.00
or
200 article donation
for goodie bag
KK
TC NOR��i
DEPT. OF ENVIRONMENTAI, CONSERVATION
June 26, 1996
Mayor., City of Kenai
210 Fidalgo
Kenai, Alaska 99611
RE: Repeal of Subdivision Plan Review Regulations
KEN,.. _FFICE
35390 Kalifornskv_ Beach Road
Suite I l
Soldotna, laska 99669
907-262-52I0
fax 907-262-2294
RECEIVED
JUN 2 8 i�y6
KENAI CITY CLL"'L;;
The Alaska Department of Environmental Conservation (ADEC), will repeal regulations in Title IS,
Chapter 72. of the Alaska Administration Code (18 AAC 72), dealing with subdivision plan review
(72.300-72.385 ), ceasing all environmental/public health oversight of subdivision plans in Alaska.
effective July 1. 1996. Responsibility for any subdivision plan reviews to ensure the suitabilitv of
lots in proposed subdivisions for deNelopment with water and sewer systems, will shift to local
governments by that date. The Department will work with local governments to encourage and
assist them in assuming this responsibility.
This change was made necessary by Legislative reductions in the fiscal year `97 operating budget,
which is effective July 1. Proposed legislation to allow a fee to support these services, though
supported by several local governments, was not passed in either the regular or special Legislative
Session. Therefore, at this time, the Department has no recourse but to terminate this program.
Without funds, there is very little opportunity to phase a transition to local government. Subdivision
plan reviews will not be available for developments in areas without local government programs,
such as in an unorganized borough, or where local governments do not make provisions for plan
reviews.
ADEC has done subdivision plan review and approvals for various local governments for several
decades. These reviews are conducted to ensure that developers and subdividers plan and design
their subdivisions to ensure that each lot has adequate size and suitable conditions so that it can be
developed with drinking water and sewage disposal systems that are adequate to protect public
health. Local governments � ould, in some parts of the state, cam out this service for a fee, as is
routinely done in other states. In Alaska, only the Municipality of Anchorage and the City of Valdez
do their own subdivision plan reviews. All others currently depend upon ADEC for this service.
Smaller lot sizes and subdividing of poorer land. which are likely to occur without a subdivision plan
review, will result in a greater lot density and the development of unsuitable land, all of which means
that there will be a greater likelihood that inadequately treated sewage will reach and impact adjacent
properties, local streams and lakes, and ground water. Without the safeguards that plan reviews
SUBDIVISION REGULATIONS 2 June 24, 1996
afford, there is likely to be an increase in the number of sewage and drinking water problems and
premature sewer system failures. These problems, if left unattended, will result in greater health
risks, not only to the residents of the impacted subdivision, but also to the community as a whole.
Owners of the lots inside poorly planned subdivisions, owners of surrounding properties, and local
governments may be forced by contamination problems to construct community drinking water
and/or sewer systems to protect public health and the environment. This will have an effect on
property values and/or tax assessments, if construction of a community sewer and/or drinking water
system is required to address public health problems. In addition, unless local governments have
or adopt ordinances governing minimum lot sizes, the rescission of ADEC's subdivision regulations
will eliminate the State's 40,000 sq. ft. minimum lot size requirement. This may affect the density
of surrounding neighborhoods, and unrestricted vacant lots could be resubdivided into smaller lots,
which may affect property values of the surrounding lots.
The review process, if assumed by local governments, can continue to be a valuable planning tool
that protects public health while ensuring that neighborhoods do not become financial liabilities.
By assuming subdivision plan reviews, local governments can prevent the need to construct
community drinking water and sewer s} stems to address problems that could have been avoided with
proper planning.
ADEC is available to provide technical assistance and advice to local governments if they wish to
assume subdivision plan review responsibility. Subdivision plan review is an effective tool, used
to help steer growth to meet community development plans, as well as to identify in advance and
prevent problems that proposed subdivisions could cause with residential drinking water and sewage
disposal. Adoption of user fees can make subdivision plan reviews a self-supporting program.
As of July 1, the Recorder's Offices will be able to record plats without the previously required
ADEC approval and plat notes. For plats with ADEC notes and restrictions left in place, buyers
should continue to rely on them, but the State will no longer be responsible for representing or
enforcing the restrictions, unless a problem is revealed during its evaluation for an on -site system
approval for bank financing of a property. ADEC will provide information to the recorder's offices
to help answer questions the public will have on this matter.
If you have any questions, please do not hesitate to contact me.
Sincerely,
J J
Area Manager
NOTICE OF PROPOSED CHANGES IN WASTEWATER DISPOSAL REGULATIONS
OF THE ALASKA DEPARTNI ENT OF ENVIRONMENTAL CONSERVATION
-)TICE IS GIVEN that the Alaska Department of Environmental Conservation (DEC), under authority of
—S 44.46,020. AS 46.03.020, 46.03.050, AND 46.03.090, proposes to repeal regulations in Title 18,
Chapter 72, of the Alaska Administrative Code (18 AAC 72), dealing with subdivision plan review, as
follows:
DEC proposes to repeal its subdivision plan review regulations in 18 AAC72 due to recent budget cuts.
NOTICE IS ALSO GIVEN that any person interested may present statements or arguments relevant to the
proposed action by writing to Marianne See, Department of Environmental Conservation, 555 Cordova Street,
Anchorage, AK 99501-2617, so that the comments are postmarked or sent by facsimile (907-269-7678) no later
than Julv 30, 1996.
This action will not require an increased appropriation.
A. copy of the proposed regulations may be obtained by writing to Ms. See at the above address, or may be
picked up at DEC's offices statewide.
If you are a person with a disability who may need special assistance to participate in the process on the
proposed regulations, please contact Fran Podmolik at 465-5041 before July 1, 1996, to make necessary
arrangements.
. —ier the close of the public comment period. DEC will either adopt these or other proposals dealing with the
same subject, without further notice, or may decide to take no action on them. The language of the final
regulations may vary from that of the proposed regulations. You should comment during the time allowed if
your interests could be affected,
Dated: June _. 1996
Juneau, Alaska
Michele Brown, Commissioner
Department of Environmental Conservation
DEC ENDS SUBDIVISION PLAN REVIEW PROGRAM
FACT SHEET
Action As of July 1. the Department of Environmental Conservation will no longer review
subdivision sewage management plans Regulations requiring this review will be repealed
Reason The department's sewage management budget was reduced S 185,000 by the
Legislature. To maintain the effectiveness of other elements of the program -- system plan
approval, on -lot system certification, and response to sewage spills -- subdivision plan review
will be discontinued. The department did seek approval from the Legislature to charge a fee that
would cover the cost of subdivision plan review. However, the proposed bill was not voted on
before the end of the Legislative session.
Value of review Although engineers often prepare or review portions of subdivision plans for
the developer, a more comprehensive public health review is often necessary. This evaluates
whether the proposed lots will provide safe on -site sewage treatment and disposal. This review
helps prevent sewage contamination of water used in residents' wells, and streams and surface
waters, as well as prevents problems adjacent to the proposed new subdivision. Around the state
there are several cases of contaminated well water and other sewage problems in subdivisions
that were created without subdivision plan review; in some areas community water systems were
then required at great cost. Lots with adequate sewage disposal capabilities are generally more
valuable, so the plan review function has an economic role in a community through property tax
value, and through the value of the owners's property investment.
Impacts of the action Buyers and sellers of property will need to judge for themselves whether
a lot is properly valued as a potential building site. There will no longer be an independent, third
party assessment by the state of a lot's suitability for septic installation and operation. The
affected public may also include realtors, lenders, subdividers, engineers. surveyors, local
platting authorities, home construction industry, and others involved in subdivision development.
Alternatives Subdivision plan review is typically a function of local governments, in other
states and costs are usually supported by a user fee. In Alaska, currently Anchorage and Valdez
are the only localities which conduct and charge fees for this review. Other local governments
may choose to take on this responsibility, and DEC will help provide information.
Transition Those whose subdivision plans are received by July 1, 1996 may elect to have the
plan reviewed. Subdivision plans will not be accepted after that date. The department will
develop a new plat note for use after this date by local platting authorities, indicating that no
DEC' review has occurred.
For further information. contact the ADEC Domestic Wastewater Management Program:
Paul Pinard (Program Managers at 907-:376-5038, Mat -Su Public Service Office.
June 20, 1996
Register _1996 ENVIRONMENTAL CONSERVATION
DEPARTMENT OF
ENVIRONMENTAL CONSERVATION
18 AAC 72
WASTEWATER DISPOSAL
REPEALING SUBDIVISION PLAN REVIEW REGULATIONS
Tony Knowles
Governor
Michele Brown
Commissioner
PUBLIC REVIEW DRAFT
June 20, 1996
COMMENT PERIOD ENDS: July 30, 1996
CHAPTER 72. WASTEWATER DISPOSAL
Register , 1996 ENVIRONMENTAL CONSERVATION
The article contents list to 18 AAC '72 is amended to read:
Article
1 _ Domestic Wastewater (18 AAC 72.010 - 18 AAC 72.045)
2. Domestic Wastewater System Plan Review (18 AAC 72.210 -
18 AAC 72.285)
3, Subdivision Plan Review Repealed (18 AAC 72.300 - 18 AAC 72.385)
4. (Reserved)
5. Nondomestic Wastewater (18 AAC 72.500 - 18 AAC 72.510)
6. Nondomestic Wastewater System Plan Review (18 AAC 72.600)
9. General Provisions (IS AAC 72.900 - 18 AAC 72.990)
Article 3, consisting of 18 AAC 72.300 - 18 AAC 72.385, is repealed:
.ARTICLE 3. SUBDIVISION PLATY REVIEW
Section
300. (Repealed) [APPLICATION FOR DEPARTMENT APPROVAL]
310.(Repealed) [PREAPPLICATION CONFERENCE]
315. ale [SUBMITTAL REQUIREMENTS]
320. (Repealed) [APPROVAL OF SUBDIVISIONS NOT REQUIRING REVIEW]
325. (Repealed) [ABBREVIATED REVIEWS]
330. (Repealed) [CONVENTIONAL ONSITE SOIL ABSORPTION SYSTEMS]
335. (Re eR aled) [SOILS ANALYSIS AND REPORT]
340. (Repealed) [ALTERNATE ONSITE WASTEWATER TREATMENT AND DISPOSAL]
345. (Re eap led) [ONSITE TREATMENT SYSTEMS WITH INDIVIDUAL MARINE
OUTFALLS]
350. (Repealed) [CONSTRUCTION OF A COLLECTOR SEWER OR COLLECTOR
SYSTEM, A COLLECTOR SEWER OR COLLECTOR SYSTEM AND
TREATMENT/DISPOSAL SYSTEM, OR INDIVIDUAL LOT TREATMENT SYSTEMS]
355. ale [CONNECTION TO AN EXISTING SYSTEM]
3% (Repealed) [SUBDIVISIONS WITH NO WASTEWATER DISPOSAL]
365. (RESERVED)
370. (Repealed) [PLAT NOTES REQUIRED]
375. (Repealed) [POLLI..TION ABATEMENT REPORT]
380. (Repealed) [FINAL PLAT REVIEW]
385. (,Repealed) [DELEGATION OF SUBDIVISION PLAN REVIEW]
18 AAC 72.300. APPLICATION FOR DEPARTMENT APPROVAL. Repealed.
(Eff. 6, 30/90. Register 114, repealed —_/96, Register
18 AAC 72.310. PREAPPLICATION CONFERENCE. Repealed. (Eff. 6/30/90,
Register 1 14: repealed '__—'96 Register )
Register _ 1996 ENVIRONMENTAL CONSERVATION
18 AAC 72.315. SUBMITTAL REQUIREMENTS. Repealed. (Eff. 6/30/90. Register
1 14, repealed _—'____'96, Register __)
18 AAC 72.320. APPROVAL OF SUBDIVISIONS NOT REQUIRING REVIEW.
Repealed. (Eff. 6/30/90. Register 114; repealed —,/—/96, Register ____)
18 AAC 72.325. ABBREVIATED REVIEWS. Repealed. (Eff. 6/30/90, Register 114,
repealed — __.__'96, Register —)
18 AAC 72.330. CONVENTIONAL ONSITE SOIL ABSORPTION SYSTEMS.
Repealed. (Eff. 6/30/90. Register 114; repealed —/_/96, Register
18 AAC 72335. SOILS ANALYSIS AND REPORT. Repealed. (Eff. 6/30/90,
Register 114,- repealed —'96. Register
18 AAC 72.340. ALTERNATE ONSITE WASTEWATER TREATMENT AND
DISPOSAL. Repealed. (Eff. 6 30/90, Register 114; repealed='_/96. Register
18 AAC 723.15. ONSITE TREATMENT SYSTEMS WITH INDIVIDUAL
MARINE OUTFALLS. Repealed. (Eff. 6/30/90, Register 114; repealed / /96,
Register
18 AAC 72350. CONSTRUCTION OF A COLLECTOR SEWER OR
COLLECTOR SYSTEM, A COLLECTOR SEWER OR COLLECTOR SYSTEM AND
TREATMENT/DISPOSAL SYSTEM, OR INDIVIDUAL LOT TREATMENT SYSTEMS.
Repealed. (Eff. 6/30/90. Register 114; repealed ,! /96, Register )
18 AAC 72.355. CONNECTION TO AN EXISTING SYSTEM. Repealed. (Eff.
6/30/90. Register 114; repealed �' '96. Register )
18 AAC 72360. SUBDIVISIONS WITH NO WASTEWATER DISPOSAL.
Repealed. (Eff. 6/30/90, Register 114; repealed—/_;96, Register
18 AAC 72.365. Reserved.
18 AAC 72370. PLAT NOTES REQUIRED. Repealed. (Eff. 6/30/90, Register 114;
repealed �/_,/96, Register
18 AAC 72.375. POLLUTION ABATEMENT REPORT. Repealed. (Eff. 6/30/90,
Register 114; repealed ___,/96. Register _)
18 AAC 72.380. FINAL PLAT REVIEW. Repealed. (Eff. 6/30,'90, Register 114,
repealed _ '96, Register
18 AAC'2.385. DELEGATION OF SUBDIVISION PLAN REVIEW. Repealed.
(Eff. 6/30/90, Register 114. repealed ,,%96, Register
2
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CITY OF KENA
It c d eapiW 4 4&4#-&"
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 krftyg
*&Mae"
'1II11
1"Z
June 28, 1996
Wayne J. Cherrier
Cherrier & Cherrier
1833 Post Road
Anchorage, AK 99501
Subject: Mission Street Project
Letter Dated 6/4/96
Dear Mr. Cherrier:
This is in response to the referenced letter dated 6/4/96 to Keith Komelis concerning the
acquisition of 3822 sq. ft. of your property to construct the Mission Street project. We
presented your desire to exchange the property for paving off the project to our City
Council at the meeting of June 19, 1996.
At that meeting, it was decided that the city will proceed to appraise that portion of your
property which is required for the project to determine its fair market value. We will order
an appraisal as soon as possible. Once that appraisal and review process is complete,
we will contact you with a formal offer to purchase your property.
Please contact me or Keith Korrrelis at 283-7535 in the mean time if you have any
questions.
Sincerely,
t4 /A/4�
Ja k La Shot, P.E.
City Engineer
J Ukw
cc: Mayor and City Council
PMnNSDLA .APPRAISAL GROUP, INC.
John Jr. criatiano •
David K. Derry, X&I
June 27, 1996
City of Kenai
210 Fidalgo, Suite 200
Kenai, AK 99611
Attn: Rim Howard
Re: Appraisal of a 3822 SgFt. portion of
Lots 1 - 4 Block 7 Original Townsite of Kenai
Identified as parcel 42 on the faxed documents
Dear Kims
165 TAriloi Ave.
eoldotaa, jLk. 99669
(907) 262-5822
Tax (907) 262-3969
This letter is in response to your request for a fee quote to
appraise the above referenced property.
Upon your authorization within the next 1 or 2 days, I will
complete a land appraisal (form) report at a cost of $750.00. At
this time, given my present work load, I will complete the report
within 10 to 14 days from the date of request. The time frame may
be more or lees if the report is ordered at a subsequent later date
de$efid ng on other appraisal work in progress.
Call f you have questions.
I .
Join F. Cristiano
ADD TO:
ADD TO:
MAYOR'S REPORT
JULY 3, 1996 COUNCIL MEETING
CHANGES TO THE AGENDA
B-2, Persons Scheduled - Duthweiler presentation - Maps
of area -- property lines, ownership, etc.
H-2, Purchase Orders Over $2,500 - Purchase Order to
Pacific Telecom, Inc. for Wellhouse #3 Project/$5,556.00
CONSENT AGENDA
MAYOR'S REPORT
REQUESTED
BY:
CLERK
PUBLIC WORKS
INFORMATION LIST
Kenai City Council Meeting
of
July 3, 1996
1— 6/19/96 Kenai City Council Meeting "To Do" List.
2. 6/:1.5/97 DOT letter responding to KK letter of 5/8/96 (and
attachments).
5/9/96 Kenai River Special Management Area Advisory Board
meeting minutes.
4. 6/20/96 Kenai River Special Management Area Advisory Board
meeting minutes.
6/25/96 letters regarding gate closing access to Kenai
Avenue from Ken Williams and Mary Ann Williams.
6. Moose Family Center request for purchase of advertisement in
their Hawaii Moose Association Convention booklet.
7. 6/26/96 DEC letter regarding repeal of subdivision plan
review regulations from the Alaska Administrative Code.
8. 7/96 Greater Kenai Chamber of Commerce, Chamber Chatter.
9. 6/28/96 JL letter to W. Cherrier regarding 3,822 sf/Mission
Street project.
KENAI CITY COUNCIL MEETING
JUNE 19, 1996
"TO DO LIST"
CLF - Place public hearing for removal of city manager on 8/7/96 agenda.
Place list of specific reasons for removal of city manager in 7/3/96 council meeting
packet.
Hold Ordinance No 1704-96 until action is taken by Planning & Zoning Commission.
Place Animal Control Shelter topic on 8/7/96 agenda (with 6/13/96 Kluge letter as back-
up).
Send copy of Municipality of Anchorage Mayor's Community Economic Development
Forum application to Kim Booth, Bob Scott and Theo Matthews.
JL/RF - In regard to Thompson Park. Improvement funds, investigate and place in next meeting's
packet:
a. Does the arbitrage (interest) with grant monies fall under the same use
restrictions as the grant?
b. if the arbitrage (interest) falls to the General Fund instead of the grant fund,
could it be used for a contribution to Habitat for Humanities for connecting,'
placing a water main to their building projects'?
c. If not, with the $450,000 left, would it be appropriate for council to consider an
LID if approached by Habitat for Humanities?
d_ If an L_ID is proposed, how much would it cost the city?
CLF/MK
BF - Change Parks & Recreation Commission meeting from July 4 to July 11.
BF/P&R - Review/amend policies and procedures for Leif Hansen Memorial Park and report back
to council.
RC/MK - investigate acquisition of grant funding for archeological study of Shkituk' Village site
through Certified Local Government/Judith Bittner.
ADMIN - Extend Bierdeman contract for logging to 8/97.
Page 1 of 2
ADMIN - Send a letter to Cherrier stating that council cannot entertain the request to do the
paving and request the city's use of the land for which he would be paid fair market
value; have an appraisal of Cherrier property done to find fair market value; and
investigate "quick take" of the property if Cherrier refuses sale at fair market price.
JW/
ADMIN - Prepare city's fiscal responsibility for the Industrial Picnic. Include in 7/3/96 council
meeting packet.
JL/
ADMIN - Investigate asphalt patch at Lawton and Wooded Glen Court -- temporary or needing to
be replace.'
Remove junk vehicle on beach.
JL/PW - Prepare a plan for plowed snow storage (not by river, senior center, bluff, etc.). Bring
back to council for review.
Page 2 of 2
COUNCIL PACKET DISTRIBUTION
COUNCIL MEETING DATE:
Mayor and Council
Fire Department
Police Department
Senior Center
Library
Parks & Rec.
AGENDA DISTRIBUTION
Borough Clerk
Assembly (3)
Public Wks. Sec.
Public Wks. Shop
Bldg. Maintenance
Bldg. Official
Streets
Anchorage News _
Dan Conetta, KPB
Planning Dept.
Bulletin Board
KSKA Radio
Attorney
City Manager
Finance
Public Works
Airport
Chamber
H EA
Animal Control
Dock (Season)
STP
Legal Sec.
HEA
KSRM
Cen.Labor
ARCO
Clerk
K. Woodford
J. La Shot
B. Springer
L. Harvey
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.
1791 - 1991
CITY OF KENAI 210 Fidalgo, Suite 200
C �l 0 , ����, Keaa�, Alaska 99611-7794
q � V� , �� ` Phone 907-283-7535
Fax 907-283-3014
FAX
TO
i
i
FROM
1UxKs:
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 3, 1996
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Bunny Swan - Fair for Youth.
2. Sue and Frederick Duthweiler - Access to Mouth of Kenai
River/South Side.
C. PUBLIC HEARINGS
None scheduled.