HomeMy WebLinkAbout1996-06-05 Council PacketKenai City Council
Meeting Packet
June 5, 1996
f KENAI CITY COUNCIL - REGULAR MEETING
JUNE 5, 1996
7:00 P.M.
10ENAI CITY COUNCIL CHAMBERS
h!ENEF3 j _ _ • • • .
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. Barbara Rangas, Alaska's Reservation Central - vending
State of Alaska Fishing/Hunting/Trapping Licenses and
Tags at Kenai Airport.
2. Peter Kiauder - Public Works Projects
3. Mary Ring Alaska Department of Fish & Game/Request for
Reserved Parking at Cunningham Park.
C. PUBLIC HEARINGS
1. Ordinance No. 1696-96 - Increasing Estimated Revenues
and Appropriations by $250 in the 1967 Debt Service
Fund for the Trust Account Administration Fee.
2. Ordinance No. 1697-96 - Increasing Estimated Revenues
and Appropriations by $1,600 in the Council on Aging -
Borough Special Revenue Fund for Commemorative Posters.
3. Ordinance No. 1698-96 - Adopting the Annual Budget for
the fiscal Year Commencing July 1, 1996, and Ending
June 30, 1997.
a. Substitute Ordinance No. 1698-96 (includes
amended budget totals).
b. Consideration of Substitute Ordinance.
-1-
D.
4. Ordinance No. 1699-96 - Increasing Estimated Revenues
and Appropriations by $7,000 in the General Fund for
Additional Playground Improvements at Municipal Park.
5. Resolution No. 96-40 - Transferring $7,330 in the
Congregate Housing Enterprise Fund for Construction of
a Sidewalk and Landscaping.
6. Resolution No. 96-41 - Establishing the Authorized
Signatures for Withdrawal From Depositories of
Municipal Funds.
7. Resolution No. 96-42 - Awarding the Janitorial Contract
for the Airport Terminal Building, for the Period July
1, 1996 through June 30, 1999, to Heaven Scent for
$1,695 Per Month.
8. Resolution No. 96-43 - Fixing the Rate of Levy of
Property Tax for the Fiscal Year Commencing July 1,
1996 and Ending June 30, 1997.
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 May 15, 1996.
F.
G. OLD BUSINESS
H. NEW BIISINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
-2-
3.
•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.
4.
*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.
5.
*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.
6.
*Ordinance No. 1703-96 - Increasing Estimated REvenues
and Appropriations by $6,210 in the Boating Facility
Fund and General Fund for the Purchase of a Boat Motor
and Mustang Suits Damaged in the Kenai River Flood.
7.
*Ordinance No. 1704-96 - Amending Kenai Municipal Code,
by Adding Chapter 14.20.095 to Establish a Prime
Residential Zone and Amending the Land Use and
Development Requirements Tables.
8.
Approval - Award of Contract/Vintage Pointe Manor
Building Manager.
- 9.
Approval - Application for Lease to Margaret A.
Jackson/Lot 4, Block 5, Cook Inlet Industrial Air Park
& Adjacent ROW.
10. Approval - Dairy Queen Facility/Splitting Lease into
Two Separate Leases.
11. Discussion - Amendment to Lease Request by Kenai Arts
and Humanities Council for the Kenai Fine Arts Center.
12. Discussion - Mission Street Right -of -Way.
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
Finance Director
r 6.
Public Works Director
- 7.
Airport Manager
4_
-3-
J. DISCUSSION
1. Citizens (five minutes)
2. Council
R. ADJOURNMENT
-4-
MAYOR'S REPORT
JUNE 59 1996 COUNCIL MEETING
REQUESTED
CHANGES TO THE AGENDA BY:
REMOVE: B-2, Persons Scheduled to be Heard - Peter Klauder (telephoned,
is ill and cannot attend the meeting). CLERK
ADD TO: H-8, Award of Caretaker Contract/Vintage Pointe Manor - Bid
results, proposal form and letter of reference for low bidder. PORTER
ADD TO: H-12, Mission Street Right-of-Way/Discussion - 6/4/96 Wayne J.
Cherrier letter requesting paving for deed of 3,822 sq. ft. of
property. KORNELIS
ADD TO: Information Item No. 9, "Waters Closed to Sport Fishing" corres-
pondence - List of senders of additional letters. CLERK
CONSENT AGENDA
MAYOR'S REPORT
w
0
Ni
m
R
a
D
ao
w
ca
w
monsoon
11111
ii'
011111
so
INE211beffiff
IN
Olson
11111111
monsoon
D
monsoon
D
D
m
a
1111mill
INNINNIN
�I,Qm EfD C� b-1
y�2�2g29 •rah
The state
ti
EA*ES? N
`
4 *servat an Service N cF
.c
I have asked to be placed on the June Sth agenda to request my contract with the City of
Kenai be amended to include my being authorized to vend State of Alaska Fishing /Hunting I
Trapping licenses and tags. I am state athorized already.
I apologize for not having had this item be included at the time the original agreement was
written, I did not realize it would be necessary.
On May 16th, Randy informed me he had made a decision to only allow the Twin Otter
Gift Shop be allowed to administer•lishing licenses and that effective immediately I was to also
take down a sign I had custom made for this purpose.
He said that Twin Otter was hoping to use the availabilty of licenses through their store as
a marketing tool, having people come in and browse and hopefully purchase something. I
explained to Randy I too was hoping that by making fishing licenses available to the public it
would enable my staff and myself to open up conversation, being able to further assist them in
any other plans they might require while here, especially since he had not allowed me to place my
company sign in view of the arrivals He had told me sometime back it had to be on the back wall
of my booth. This now affords me no means of informing the public, by sight, what my services
—� I truly feel this will inhibit my business from being able to be productive.
Since then Twin Otter has closed their doors once agian, laying off their employee and
'-placing a sign directing those inquiries to the restaurant for service At the height of the season I
plan to have my booth manned atleast 12 hours a day, 7 days a week
As well as my not being able to use the availabilty of the licenses as a conversation opener,
by not allowing me to vend this item it takes away from the services I have to offer to my
customers. I tout my services as all incumbent, that by utilizing my services all your needs can be
met at one location, this is no longer true When I book a fishing charter I can no longer sell them
their fishing license, I would think the two should go hand in hand
The sign I had custom made is in no way obtrusive, I had been receiving compliments on
it while it was on display, it cost me over $200.00 to have made
I believe in free enterprise and would be comfortable with every business making available
fishing licenses, it is actually a service to the state and the public.
Most of the other business in the airport are allowed to offer services others there do as
well, since I signed my contract the city has authorized a INFO - LINE to be placed on the
telephone wall, they also offer information on accommodations and recreational services on the
Peninsula. I however, have been required to limit my services.
la
p,reciate your consideration on this matter. Thank you for your time
n
P.O. Box 7598 Nikiski AK 99635
Phone (907) 283-6666 Fax & Message (907) 776 - 8285
TONY KNOWLE. j
O
34W8 Kalifornsky Basch Road
DEPARTMENT OF FISH AND GAME sordoa a, AK 99569
PHONE. (907) 262-9368
DIVISION OF SPORT FISHERIES FAX. (907) 262-4709
May 30, 1996
Carol Friese
City of Kenai
210 Fidalgo Street
Kenai, AK 99611
Dear Ms. Friese,
Post -it' Fax Note 7671
safe
per►
To
�yq�
C*JaPL
co.
Phone *
Phones
F"i Z&J
Faxs Z�e7 7Tv
I spoke with you earlier today on the telephone regarding the possibility of reserving parking spaces at
Cunningham Park on an annual basis for the period of 16 May - 15 August. The Division of Sport
Fisheries has two ongoing projects in the lower Kenai River: 1) the chinook salmon sonar project
located at river mile 8.5 and 2) the chinook salmon age composition project with activities occurring
upstream of Cunningham Park to approximately Beaver Creek. In past years project personnel have
parked state- vehicles at the end of a road in a subdivision off Ciechanski Road and accessed the river
via a path over the bluff near river mile 8.5. We parked one vehicle at Cunningham Park. Generally,
parking at Cunningham Park does not become congested until mid June so finding a spot for the one
vehicle was usually not a problem.
Continued development of the subdivision has resulted in land owners voicing a desire for us to find
alternative parking. Cunningham Park is the only available access point to the river in this area.
Having reserved parking spaces for state employees would certainly help to maintain project
efficiency. If possible we would like to have three spaces. The sonar project requires one space 24
hours per day, 7 days per week the age composition project would require two spaces for 7 hours
during 5 days of the week.
I understand that I need to appear at the City Council meeting which occurs at 7:00p.m. on
Wednesday, Junes. If you would place my name on the agenda, I will plan to be there. PIease contact
me should you need more information or if there are any schedule changes.
Sincerely,
f
Mary King
Fisheries Biologist
0-/
Suggested by: Finance DireL,---
City of Kenai
ORDINANCE NO. 1696-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $250 IN
THE 1967 DEBT SERVICE FUND FOR THE TRUST ACCOUNT
ADMINISTRATION FEE.
WHEREAS, the bank administering the 1967 Debt Service Fund
failed to bill the administration fee in 1994; and
WHEREAS, the City has received an invoice for that fee; and
WHEREAS, the additional money needed for payment was not
budgeted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be
increased as follows:
1967 Debt Service Fund
Increase Estimated Revenues:
Appropriation of Fund Balance $250
Increase Appropriations:
1967 Debt Service Fund - Fees $250
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th
day of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: May 15, 1996
Adopted: June 5, 1996
Effective: June 5, 1996
Approved by Finance:
(4/30/96) kl
Suggested by: Senior Center Dir...,..
City of Kenai
ORDINANCE NO. 1697-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,600
IN THE COUNCIL ON AGING - BOROUGH SPECIAL REVENUE FUND FOR
COMMEMORATIVE POSTERS.
WHEREAS, this year the Kenai Senior Center will celebrate
its 25th year of providing services to the elderly in the
Kenai area; and
WHEREAS, it is desired to have posters made from original
artwork to commemorate this event.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
Council on Aging - Borough
Increase Estimated Revenues:
Appropriation of Fund Balance $1,600
Increase Appropriations:
Printing and Binding $1,600
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th
day of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: May 15, 1996
Adopted: June 5, 1996
Effective: June 5, 1996
Approved by Finance: l _
(5/7/96) kl
Suggested by: Administi
CITY OF KENAI
ORDINANCE NO. 1698-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING
THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1996,
AND ENDING JUNE ?10, 1997.
WHEREAS, it is a requirement of the Code of the City of Kenai,
Alaska, that the City Council, not later than the tenth day of
June, adopt a budget for the following fiscal year and make
appropriation of the monies needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section 1•
That certain document entitled "City of Kenai 1996-97 Annual
Budget" which is available for examination by the public in the
Office of the City Clerk and is incorporated herein by reference,
is hereby adopted as the budget for the City of Kenai for the
fiscal year commencing July 1, 1996 and ending June 30, 1997.
Section 2•
The following slums of money are hereby appropriated for the
operations of the City of Kenai for the fiscal year commencing on
the first day of July, 1996, and ending the 30th day of June,
1997, to be expended consistent with and subject to the
restrictions, procedures, and purposes set forth in the Code of
the City of Kenai and to be expended substantially by line item
in the manner shown in the budget adopted by Section 1 hereof:
General Fund
Operating Budget $7,977,653
Restricted Reserves 88,330
Boating Facility Fund
Airport Terminal Fund
Congregate Housing
Water and Sewer ]Fund
Airport Land System Fund
Senior Citizen Title III Grant Fund
Senior Citizen Title V Grant Fund
Senior Citizen COA-Borough Fund
1967 Bond Issue Debt Service Fund
1984/86/93 Bond Issue Debt Service Fund
General Land Sales Trust Fund
Airport Land Sales Trust Fund
$8,065,983
168,296
387,200
264,590
1,316,021
1,361,700
190,122
19,307
109,340
87,160
294,417
75,000
127,000
Ordinance No. 1698-96
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day
of June, 1996.
OHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
First Reading:
Second Reading:
Effective Date:
Approved by Finance:'
(5/7/96)
kl
May 15, 1996
June 5, 1996
June 5, 1996
SUBSTITUTE
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1698-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING
THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1996,
AND ENDING JUNE :30, 1997.
WHEREAS, it is a requirement of the Code of the City of Kenai,
Alaska, that the City Council, not later than the tenth day of
June, adopt a budget for the following fiscal year and make
appropriation of the monies needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section 1•
That certain document entitled "City of Kenai 1996-97 Annual
Budget" which is available for examination by the public in the
Office of the City Clerk and is incorporated herein by reference,
is hereby adopted as the budget for the City of Kenai for the
fiscal year commencing July 1, 1996 and ending June 30, 1997.
Section 2•
The following sums of money are hereby appropriated for the
operations of the City of Kenai for the fiscal year commencing on
the first day of July, 1996, and ending the 30th day of June,
1997, to be expended consistent with and subject to the
restrictions, procedures, and purposes set forth in the Code of
the City of Kenai. and to be expended substantially by line item
in the manner shown in the budget adopted by Section 1 hereof:
General Fund
Operating Budget $7,949,052
Restricted Reserves 84,997
$8,034,049
Boating Facility Fund
168,296
Airport Terminal :Fund
387,200
Congregate Housing
257,590
Water and Sewer Fund
1,316,021
Airport Land System Fund
1,361,700
Senior Citizen Title III Grant Fund
190,122
Senior Citizen Title V Grant Fund
19,307
Senior Citizen COA-Borough Fund
109,340
1967 Bond Issue Debt Service Fund
87,160
1984/86/93 Bond Issue Debt Service Fund
294,417
General Land Sales Trust Fund
75,000
Airport Land Sales Trust Fund
127,000
Ordinance No. 1698-96
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day
of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
First Reading: May 15, 1996
Second Reading: June 5, 1996
Effective Date: June 5, 1996
Approved by Finance
(5/7/96)
kl
0 - 4
Suggested by: Parks & Rec Dire ----
City of Kenai
ORDINANCE NO. 1699-96
AN ORDINANCE OI" THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,000
IN THE GENERAL FUND FOR ADDITIONAL PLAYGROUND IMPROVEMENTS
AT MUNICIPAL PARK.
WHEREAS, the Parks and Recreation Department desires to
improve Municipal Park by providing additional playground
equipment and improvements; and
WHEREAS, the Parks and Recreation Department does not
currently have money budgeted for the proposed purchase; and
WHEREAS, the City of Kenai has a designation of General Fund
fund balance for athletic expenditures which was a result of
a donation to the City of Kenai intended for such purposes.
NOW, THEREFORE,, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Designated Fund Balance
Designation for Athletic Expenditures $7,000
Increase Appropriations:
Parks - Machinery & Equipment $7,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th
day of :June, 11496.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas,, City Clerk
Introduced: May 15, 1996
Adopted: June 5, 1996
Effective: June 5, 1996
Approved by Finance: .
(5/9/96) kl
Suggested by: Senior Center Directoi
City of Kenai
RESOLUTION NO. 96-40
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $7,330 IN THE CONGREGATE HOUSING ENTERPRISE
FUND FOR CONSTRUCTION OF A SIDEWALK AND LANDSCAPING.
WHEREAS, it is the desire of the Council to construct a
sidewalk on the south side of the congregate housing
complex, and to landscape around the sunroom and storage
shed; and
WHEREAS, money is available in various accounts because
actual costs were less than budgeted.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
Congregate Housing
From: Utilities $2, 000
Manager Contract Fee 2,830
Repair & Maintenance Supplies 2,000
Insurance 500
7 330
To: Improvements Other Than Buildings $5,000
Repair & Maintenance 2,330
7 330
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th
day of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(5/20/96) kl
Suggested by: Administratluii
City of Kenai
RESOLUTION NO. 96-41
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
ESTABLISHING THE AUTHORIZED SIGNATURES FOR WITHDRAWAL FROM
DEPOSITORIES OF MUNICIPAL FUNDS.
WHEREAS, due to position turnover, it is necessary to
authorize additional individuals to sign checks and
otherwise withdraw municipal funds.
NOW, THEREFORE,, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
Section 1 That for banking purposes, the persons
listed hereinafter are authorized as signators on accounts
of the City of Kenai; that any two of such persons may sign
checks and other negotiable instruments for the City of
Kenai; and, any one of such persons may order a wire
transfer or electronic fund transfer for the City of Kenai.
Thomas J. Manninen, City Manager
Carol L. Freas, City Clerk
Robin G. Feltman, Accountant
Kim Howard, Administrative Assistant
Kathy Lawyer, Accounting Tech
Section 2:;_ For purposes of internal control, any check
or other negotiable instrument of the City of Kenai must
bear two of the signatures identified above. One of the
signers must be employed in the Finance Department.
However, only one of the two signers may be employed in the
Finance Department.
Section 3,._ That all prior resolutions designating and
authorizing signators are hereby rescinded.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th
day of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas,, City Clerk
Approved by Finance: d�
(5/29/96) kl
Suggested by: Airport Mana,__
CITY OF KENAI
RESOLUTION NO. 96-42
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AWARDING THE JANITORIAL CONTRACT FOR THE AIRPORT TERMINAL
BUILDING, FOR THE PERIOD JULY 1, 1996 THROUGH JUNE 30, 1999, TO
HEAVEN SCENT FOR $1,695 PER MONTH.
WHEREAS, the City of Kenai received three bids on May 29, 1996
for janitorial services for the contract years July 1, 1996
through June 30, 1999, as follows:
Bidder Amount per Month
Heaven Scent $ 1,695.00
Todaly Unlimited 2,928.25
M & C Janitorial Services 3,200.00
WHEREAS, Heaven Scent submitted the lowest responsible bid, and
WHEREAS, the Airport Manager recommends awarding the bid to
Heaven Scent for $1,695.00 per month; and
WHEREAS, sufficient funds are available.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, that a three year contract be awarded to Heaven Scent at
$1,695 per month for custodial services for the Airport Terminal
Building.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day
of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:/'
5/30/96 �.
kh
C:\NPDOCS\JANITOR\RESO
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 96-43
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING
THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING
JULY 1, 1996 AND ENDING JUNE 30, 1997.
WHEREAS, the Code of the City of Kenai requires that the rate of
levy of property tax be set annually not later than the tenth day
of June; and
WHEREAS, the Council has adopted the "City of Kenai 1996-97
Annual Budget", Which estimates property tax revenue based upon a
tax rate of 3.5 mills.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the rate of levy of property tax for the fiscal year
commencing July 1., 1996 and ending June 30, 1997 be fixed at 3.5
mills.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day
of June, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: l
(5/20/96)
kl
-D- l
COUNCIL ON AGING
May 16, 1996
LOAM
Agenda Approval
Minutes from Prior Meeting
Old Business
1. Automatic Opening of Front Doors
2. Soldotna/Kenai Auction
3. 25th Anniversary Celebration
New Business
1. Election of Officers
2. Budget Issues
3. Increase in Meal Donations
4. Change of Carpet in Dining Room
5. Introduction of Administrative Assistant
Person Wanting to be Heard
*NOTE CHANGE IN DATE
T"HURSDAY, MAY 16TH
ROLL:
Members Present:
Members Absent:
Others Present:
AGENDA APPROVAL:
COUNCIL ON AGING
MAY 16, 1996
MINUTES
Al Pease, Sam Huddleston, Gene Seay, Betty Nelson,
Joanna Hollier, Roger Meeks
Georgetta Funk, Lucille Billings, Loretta Breeden
Pat Porter, Marilyn Kebschull
Chairman Huddleston asked for additions or corrections to the agenda. None
noted. AGENDA APPROVED.
MINUTES FROM PRIOR MEETING:
Chairman Huddleston asked if anything needed to be discussed from the prior
meeting. Nothing noted. MINUTES APPROVED BY UNANIMOUS CONSENT.
OLD BUSINESS:
1. Automatic Opening of Front Doors —Porter stated that the board had
asked City Council to look into the doors and that originally they had been
in the budget. However, they have been pulled out of the budget. Porter
stated that the way the doors were going to be designed would have had
all four doors opening at the same time. Porter stated that Council had
asked how much of a problem it was now. Porter stated she didn't feel it
was a big problem because she had never had anyone complain.
However, when it is 10 below and all four doors are opening, they don't
open fast, and won't close fast. Porter stated she had felt it would be a
major exposure to anyone in that area. Porter reiterated the doors had
been taken out of the budget.
Meeks stated that generally speaking if someone is in a wheel chair they
have someone; with them and they can manage with the doors. If there is
not anyone with them, it doesn't take very long for someone to get there
to assist them. Meeks stated he agreed with Hollier that if both the doors
open at the same time in below zero weather it will put a lot of cold air on
the person at the front counter.
Huddleston added that he thought if there was a larger room and the
doors didn't open at the same time, you wouldn't have a draft through
the area.
Porter commented that the building was constructed prior to ADA
requirements but noted that the building fits all the ADA requirements
with the exception of the front door. Porter added that it is her
understanding that because the building was built prior to those
requirements, the city will not have to fix it.
Pease stated that if that was the only system they could obtain that he
would move to get rid of the doors. Porter stated a motion was not
necessary as the doors had been taken out of the budget.
2. Soldotna/Kenai Auction—Huddleston reported that there had been several
meetings to date working on planning for the auction. Porter stated that
she felt they needed to have more of a commitment from the Kenai
seniors to work on the auction. Porter noted that Sylvia Johnson had
attended a couple meetings. Johnson stated she is on the committee.
Huddleston asked Johnson to report on the auction status.
Johnson stated that Lois (of the Soldotna Center) and several people
including Jenny, the Kenai Activities Director, are working on certain
things. Johnson stated that as they get closer to the auction, they will
need personnel to help with selecting finger foods and wine. Johnson
stated it will be an auction of big ticket items which will be donated to
raise money for both centers. Johnson stated it is her understanding that
the funds will be divided equally between the two centers. Johnson
stated they have chosen August 16`h for the auction. People will be
needed with the food and serving adding that there probably won't be too
much help needed before the auction. Johnson stated they will need as
many volunteers as possible to help out with the evening. There will be
entertainment. Johnson commented that she thought it was being
patterned after the auctions that the Boys and Girls Club have had.
Huddleston stated that letters are going out asking for donations and
items to auction, etc.
Porter asked if people were going to be needed to solicit donations and to
sell tickets. Porter added this auction was for people in the general public
who would be willing to bid on items. Porter commented that Chugiak
Senior Center does this very successfully and they make approximately
$20,000 a year. Porter stated the biggest thing is to get the auction
items and to sell tickets. Without those two things, the auction will not
Council on Aging Page 2
Minutes May 16, 1996
be successful. Porter stated she felt they need to think about how they
can help to do these two things. Hollier asked what the ticket sales were
for and Porter advised for admission. Johnson added that the tickets will
include food and entertainment. Porter stated people who attend bid on
items. Hollier stated the Pioneers have been having a spring fling that is
kind of like thi's and people are really supporting the event. Hollier stated
that what they do is they send five tickets to everybody who belongs and
they can either buy them and give them to someone or keep them.
Hollier noted the tickets are $25 for five tickets. Hollier stated that
everybody is expected to either buy five tickets or they can sell the
tickets. Huddleston stated the ticket price for the auction has been set at
$25 each. Porter questioned if this was for each ticket. Huddleston
stated it had seemed high to him but that was the decision. Hollier stated
if they sent her four, she would give them $100 adding that she didn't
realize the tickets would be that expensive. Hollier commented that she
didn't know if they could sell many tickets at that price.
Porter stated maybe the board needs to go back and say that $ 25 is too
high and state; a price that the board feels comfortable with. Porter
stated the tickets would include nice hors 'doeuvres. Johnson stated it
would include finger foods adding that Lois has all of the information and
they are just going along with it. Porter stated she could see she would
need to attend the next meeting. Huddleston stated there would be wine
on the table. Porter asked if that was worth $25. Huddleston stated that
most of this was Lois' idea adding that she had came from Anchorage
where there are more businesses to support something like this. Porter
asked the group what they felt was comfortable to ask for a ticket.
Huddleston stated that $10 would be okay. Meeks stated the secret is to
get a crowd to the auction and if you charge too much you won't get a
crowd. Johnson stated she thought they were thinking that they would
have the support of the general public because they know the good these
two centers are doing for seniors in the community. Johnson stated it
was her understanding that they would get all the people from the
Chamber of Commerce and various business managers, etc. to buy
tickets. Porter commented that she personally feels $25 is too much.
Johnson commented that she felt the price was already set. Porter stated
it should not have been and they should have been a part of the decision
making. Huddleston stated it was discussed and there were objections
but it still went through. Porter added that it is not too late to change it.
Porter suggested that they have some vocal people attend the next
meeting. Huddleston stated it should be in Kenai. Porter stated it is in
Kenai and it is June 7". Meeks stated he had attended one meeting and
it seemed like they had decided everything before they got there. Porter
Council on Aging Page 3
Minutes May 16, 1996
commented that the group needs to be involved, more than Sylvia, Sam,
and Roger. Porter stated they need to take an active part in this or pull
out of the auction. Johnson added that Jenny has been trying to do the
best she can but she has been steam rolled. Hollier asked what she has
done? Johnson stated she has tried to make suggestions and offered to
do some things. Johnson added that it seemed like they are there to hear
what already has been planned. Porter reiterated that if they don't want
to do this, it is not too late to pull out. Porter added that perhaps they
need to go to the June 7th meeting in mass as a board and express how
they feel. If they can't come to an agreement or a compromise, then just
back out. Porter asked if they could make a commitment to be at the
meeting June 7". Johnson and Hollier stated they will not be in town.
Huddleston and Meeks agreed to attend.
Johnson commented they need to get the Kenai center people involved if
they are going to proceed because evidently Lois has good support from
the Soldotna (;enter. Hollier commented that the $25 tickets scare her.
Nelson suggested supporting Soldotna and then have them support Kenai
with a similar activity. Porter stated that originally they had decided to
proceed together because it was decided it would be a united effort.
Meeks stated if they can sit down with five people from each center and
vote that is fine. Meeks added that when they make all the decisions, it
is not democratic. Porter stated she will remind them about the meeting
and will attend the meeting.
3. 25" Anniversary Celebration —Huddleston explained this was for 25 years
for the Senior Center in Kenai. Porter explained this would be at the end
of September and they have blocked off a Saturday for a community
barbecue and celebration. Porter advised they would be hearing more
about the celebration.
Note: At this point group went back to the topic of the auction. Discussion
included their feelings regarding planning and that they needed to attend the
next meeting and then decide what to do.
Johnson asked to address the 251h Anniversary Celebration. Johnson
stated that at one time Porter had asked her and Betty Warren to come
up with ideas., Johnson stated that Betty does not want to be involved.
Johnson stated the big day is planned for September. Johnson added
that Betty had not put things together in one day when the center was
started in 1971 . Johnson stated there are three people including Betty
who were the original seniors noting there were 17 charter members.
Those are Louise Rhodes and Louisa Miller. Johnson stated that Louisa
lives in Spokane and she had written to her but had not heard back.
Council on Aging Page 4
Minutes May 16, 1996
Johnson stated she would like to see through the summer, as tourists
come in, some memorabilia be posted on the bulletin boards or even a
sign noting the celebration.
Porter stated she felt the sign was a good idea. Porter stated it would
have to be taken down all the time because the center is booked through
the summer. Meeks commented on discussions he has had about feelings
that this center gets so much. Meeks stated there are a couple reasons,
the first being that the city is incorporated. Meeks added that the city is
behind the center. Meeks added that secondly, the center has been
operating for 25 years.
Porter commented that she thinks one of the things that are so important
is that the people support the center. Porter stated for example the $ 5
club has at least almost 70 members every month in comparison with
Soldotna's 10 or 12 members. Meeks reiterated his feeling that the fact
that the city is incorporated allows the center to get more and that the
center has been at it awhile. Johnson stated that this is the only center
on the Kenai Peninsula that the city owns.
Porter stated since Betty Warren had resigned from the committee, they
could get a couple more people to work. Johnson stated that Warren had
said she didn't: want to come in to the center adding that she had so
many memories. Porter asked Huddleston to appoint a couple more
people to help with the planning. Hollier suggested Francis Meeks may
want to help. Meeks stated they would have to ask as he couldn't speak
for her. Hollier stated Johnson should call Francis to see if she would
participate. Hollier stated she would help adding that she is in and out
and will be gone the month of June. Johnson stated she will be gone for
ten days in June.
Johnson stated perhaps they could get together before she leaves and
plan something for at least one day a month. Porter suggested taking one
day a month and plan something around lunch time. Johnson stated they
have scrap books and photographs and Porter has copies of all the old
newsletters. Porter suggested that perhaps Betty Nelson should help
since she is new. Huddleston appointed Nelson to the committee.
NEW BUSINESS:
1. Election of Officers—Huddleston advised he had informed Porter that he
would like to release his position. Hollier asked Seay if he would like to
be president. Seay stated he was going to recommend they retain the
officers since they were doing such a good job. Huddleston advised he
Council on Aging Page 5
Minutes May 16, 1996
had already said he wouldn't. Seay asked about Meeks. Meeks asked
how often they meet. Porter stated usually every other month.
Huddleston stated it didn't necessarily have to be a certain date. Meeks
stated he would agree for a year and then would reconsider.
UNANIMOUS DECISION TO HAVE ROGER MEEKS AS PRESIDENT.
Porter advised they need a vice-president. Hollier stated she held the
position last year but she is gone so much. Seay stated he has the same
problem notinca his appreciation for the center but he has so many other
obligations. Huddleston asked for a volunteer. Al Pease volunteered to
serve as vice-president and was accepted.
2. Budget Issues —Porter advised she wanted to inform the group of what is
happening. Porter advised they have applied for $1 18,000 from the state
and the federal government. That money is normally the biggest bulk of
funding which is used to fund the meals program. Porter stated she will
not know the status until around the week of the 20"' of June. That is
when the board will meet to make recommendations as to what all the
centers in the state should be funded. Porter advised that is a $6,000
decrease from last year's funding. Porter stated that they knew that was
happening and had been told they could only apply for $1 18,000. Porter
commented that she didn't think that was in jeopardy but didn't know.
Porter added that she didn't know how many other centers had applied
for money. Porter explained that money is normally divided into a pie and
each region guts so much. Porter noted that if another center came on
line, for instance Sterling, and the state decided to fund them, they would
have to take moneys away from their existing programs. Porter stated
that has not been their intent to do that in the past because they don't
want to make a bunch of weak programs. Porter commented that you
don't know politically what will happen and reiterated they will not know
until June 20".
Porter stated she had spoken with someone from United Way that the
center will be receiving almost $10,000 more than what was received
last year. Last year the center was awarded approximately $1 1,000 and
this year will be awarded $22,000. Porter stated that the center was the
third highest agency that received designated dollars receiving even more
that the Salvation Army. Porter explained that money that is given to
United Way can either be given without instruction as to use or you can
designate where you want your money to go. Porter commented she
feels this is a reflection of how the center is perceived in the community
as to doing a good job. Continuing, Porter advised that Al Pease and
Sylvia Johnson served on the United Way committee. Porter stated she
Council on Aging Page 6
Minutes May 16, 1996
had made her presentation in front of a committee that Pease was a part
of. Porter asked Pease if he had any feedback. Pease commented that
most of the people appeared to just be asking for handouts and most of
the presentations did not show much and didn't appear to have been well
prepared. Porter asked if her presentation was okay. Pease advised it
was good and made the others look bad. Porter reiterated they are proud
of the amount of money they are receiving. Porter noted that
unfortunately this looks bad to others sometimes. Pease explained that
the same funding formula is used for everyone and Kenai's reflects the
amount of people they serve.
Porter added that it appears that they may get more money from the
borough. Porter stated it will stay at least the same which is $50,000.
Porter added they will get that information on June 4'.
Porter told the group that anyone who would like to review the grant that
was sent to the federal government, it is available in her office.
3. Increase in Meal Donations—Huddleston asked if they wanted to increase
the meal donation? Porter stated that she thought it should be addressed
noting that meals are $3.00 in almost every other center. Porter advised
that she and Pease came in the office before the meeting and they got
statistics together. Porter stated that depending on how the program
income is and whether or not they are where they should be with their
donations —AI interjected that the way they have been going this year, by
the 1" of July they should be on schedule with what they figured the cost
should be. Pease advised that the cost and the income are running at
87% of what was projected. Thus, if the income and expenses continue
as projected, they should be right on the money.
PEASE MOVED TO INCREASE THE COST TO $3 BUT THAT IT BE HELD
IN ABEYANCE; UNTIL AFTER JULY TO SEE IF IT IS NEEDED. AT THAT
TIME IF A NEED IS SHOWN, IT CAN BE PUT INTO EFFECT.
Huddleston asked why they didn't table it to the next meeting. Pease
stated that if they put it in as a contingency, they wouldn't have to get
everyone back; together again for a special meeting to vote on it. Pease
noted they can go with the $3 if they need it after July. Seay noted he
has supported every increase they have had so far but stated that if they
don't have to 'increase it, he would like to leave it the way it is. Seay
added that sornewhere they have to stop raising prices. Seay noted that
people can go to McDonalds and eat cheaper. Seay stated he is not
saying that he wouldn't support it but he'd have to feel it must absolutely
Council on Aging Page 7
Minutes May 16, 1996
be raised. Pease stated that is basically what he had said. Porter stated
she felt Al was alluding to the fact that if they don't get the money from
the federal government for the food program, then there may be a need to
raise it. But, if the $1 18,000 is received, it appears as if the history of
getting contributions for meals is right on target. Porter added that it will
probably repeat the same thing next thing. Porter stated they might be
very safe in continuing to keep the meal contributions at $2.50. Meeks
stated since they will know by next meeting, wouldn't it be better to wait
until next meeting. Porter stated they could have a meeting at the end of
June once they know how much money will be received from all agencies
and then they would know if they would need to do that. Porter stated
that could be the only thing on the agenda or perhaps they could discuss
the auction issue.
4. Change of Carpet in Dining Room —Porter asked if anyone remembered
when the addition was built and that the contractor had put the wrong
pad underneath the carpet. The city made the contractor buy new carpet
and pad and it has been in a warm storage building all the time. Porter
advised that because of the rippling that is going on and is caused by the
pad underneath, they have decided to replace the carpet. Huddleston
asked if they had the replacement carpet and Porter advised yes. Meeks
asked if the contractor had to replace it. Porter advised that they didn't
and the city had to pay for the installation. Porter stated that they have
decided to use a different type pad that is supposed to be even better.
Porter advised it will cost $7,000. Porter stated she had agreed that the
center would pay $3,500, half of it. Porter stated this money will come
from roll over money when excess donations have been received and it is
in the unencumbered balance. Meeks stated he felt the contractor should
have had to pay it because it was their mistake.
AL PEASE MOVED TO TAKE THE $3,500 OUT OF THE UNENCUMBERED
BALANCE. SECONDED BY JOANNA HOWER. UNANIMOUS.
5. Introduction of Administrative Assistant —Porter introduced Kellie Steiner -
Kelso to the board. Porter explained that she and Mary Ellen had
interviewed five applicants and felt that Kellie would fit in better than the
other applicants. Meeks advised that Kellie's dad was here to oversee the
construction of the liquefied gas plant adding that Porter's husband and
Kellie's father had worked together years ago. Meeks advised he is
retired now.
Porter stated she wanted to explain why she had hired her noting it was
difficult because she had a problem with the fact that her dad came to
Council on Aging Page 8
Minutes May 16, 1996
the center occasionally. Hollier commented that she thought he might be
a good person to have on the 25`h Anniversary Celebration committee.
Porter continued stating she is hesitant to hire someone who has a
relative who visits the center. Porter stated Kellie was hired because they
felt she was the best applicant out of the five noting she has a wonderful
personality and her body language was absolutely terrific. Porter stated
she had asked Kellie (noting her reaction was marvelous) if Jack and
Peter are playing pool and get into a disagreement and Jack comes to you
and says that Peter has been cheating, how would you handle the
situation. Porter stated Kellie walked over and said, "You're kidding, this
really goes on here." Porter stated she then added she would handle it
like she would with children. Porter noted that Kellie has a degree in
elementary education. Porter stated she felt that if should could deal with
kids at that age level, she should be able to handle working in a stressful
situation. Porter noted that Kellie had said she would just listen to them.
Porter continued noting Kellie had written the most beautiful introductory
letter stating, "I was so excited to see your advertisement in the paper."
Porter stated she comes with great credentials and has lived a lot of
places. They have been in Australia the last four years. She has been an
elementary school teacher. She came from a job where she was in
administration in a university and part of her responsibility was to
supervise other people. Porter noted that when she is not here, that
Kellie will most likely fill that role very well.
PERSON WANTING TO BE HEARD:
ADJOURMENT:
Meeting adjourned at approximately 1 1 :15 a.m.
Res ectf y Submitted:
Marilyn Kebschull
Administrative Assistant:
Council on Aging Page 9
Minutes May 16, 1996
KENAI AIRPORT COMMISSION
AGENDA
May 9, 1996
City Hall Council Chambers
Chairman Tom Thibodeau
1. Roll Call
2. Approval of Agenda
3. Approval of Minutes April 11, 1996
4. Persons Present Scheduled to be Heard
5. Old Business
a. INTERact Group
6. New Business
7. Airport Manager's Report
8. Commission Comments and Questions
9. Information Items
a. Planning & Zoning Commission Resolution PZ96-26—Rezone
b. City Council Agenda (5/1 /96)
10. Adiournment
Agenda May 9.doc
KENAI AIRPORT COMMISSION
MINUTES
May 9, 1996
1. Roll Call
Members present: Bonnie Koerber, Tom Thibodeau, Barbara Edwards, James
Bielefeld
Members absent: Ron Holloway, Henry Knackstedt
Others present: Acting Airport Manager Keith Holland, Administrative Assistant
Marilyn Kebschull, Councilman Duane Bannock
2. Approval cf Agenda
BIELEFELD MOVED TO ADD ITEM b TO ITEM 5, THE BASIN FUEL SYSTEM;
BETWEEN ITEMS 8 AND 9 TO ADD A TEN MINUTE RECESS; CHANGE ITEM 10
TO PERSONS PRESENT NOT SCHEDULED TO BE HEARD; AND, ADD NUMBER 11,
ADJOURNMENT. MOTION SECONDED BY EDWARDS.
ADGENDA APPROVED,
3. Approval of Minutes April 11, 1996
EDWARDS MOVED TO APPROVE THE MINUTES OF APRIL 11, 1996. MOTION
SECONDED BY BIELEFf-LD.
MINUTES APPROVED.
4. Persons Present Scheduled to be Heard
5. Old Business
a. INTERact Group -.-Acting Airport Manager Holland advised INTERact is an
organization that is working on the Fire Training Center with Mr. Ernst, the
Mayor, and the Fire Department. Holland advised that Ernst and the others
are currently on a tour of the state trying to gain support for the Aircraft Fire
Training Center that would be in addition to the existing structural Fire
Training Center. Holland advised they were visiting Juneau, Anchorage,
Fairbanks, Ketchikan, and Kodiak in hopes of gaining DOT's, and other
agencies, support of this center. Holland advised Ernst would be returning
late Friday afternoon.
Airport Commission
Minutes
Page 2
May 9, 1996
b. Basin Fuel Systern —Holland advised that Mr. Ernst had made comments at
the last meeting about the fuel system at the Float Plane Basin stating he
was hoping to have that system online by this time. Holland advised that
they had had the system ready to go and had attempted to contact the bank
and get the computer online. Holland noted he Petrovin Company that they
are dealing with advised they had changed programming which means the
city will have to change programming and upgrade equipment. Holland
advised that means the city is back to square one and will have to reapply
for the credit card reader system, buy new programming, and get it installed.
Holland advised they are in the process of doing this and it looks like a two
to three week delay.
Thibodeau asked what the costs would be to make these changes and
commented that this same company had held up the system last year.
Holland advised the preliminary estimates are $1200.00; however, it could
be less. Holland advised it may be $900.00 if the current modems are
compatible.
Holland advised the basin will be open next week. Thibodeau asked if it was
clear of ice. Holland advised it just needed an inspection to be opened.
Thibodeau asked if there had been interest in the basin this year. Holland
informed the Commission that a couple new people have picked up permits
for slips, but other than that, Holland stated he expected it to be the normal
users. Thibodeau asked if there was any FBO's? Holland advised not at this
point.
Holland advised he would like to talk about the advertising concession that
was discussed at the last meeting but it had not been placed on the agenda.
Holland stated the bids were evaluated and there was only one bidder that
met the criteria and that was Innerspace Advertising. Holland advised that
proposal had been taken to City Council and Council gave the go ahead to
enter into negotiations for a contract with the advertising agency. Holland
advised that letters have been sent to all advertisers currently in the airport
notifying them of the changes that will be coming about. Holland reported
there will be a blitz of advertising at the end of the month when Innerspace
will be in Kenai, pending the approval of the contract. They will actually be
sitting down with advertisers and discussing the types of displays, locations,
what will be available, pricing, and all the pertinent details. Holland advised
that they will be moving fairly quickly and that they are going to try to get
everything completed by August. Holland advised there will be new displays
and the poster phone board will be replaced with a new updated version.
Thibodeau asked if this would mean a lot of construction activity going on
with the summer activity in the terminal. Holland advised that a lot of the
Airport Commission
Minutes
Page 3
May 9, 1996
displays would be off -site construction and then mounted and installed.
Holland advised there may be some wiring and some minor construction.
6. New Business
7. Airport Manager's RE -port
Acting Airport Manager Holland advised he didn't have anything additional and
advised that Mr. Ernst will be back in town on Friday.
8. Commission Comments and Questions
TEN MINUTE RECESS
9. Information Items
a. Planning & Zoning Commission Resolution PZ96-26— Rezone— Acting Airport
Manager Holland advised he would like to address the informational items
from the P&Z Commission. Holland noted the minutes to that meeting are in
the Airport packet.
Holland advised there were things that were mentioned during testimony that
he would like to address stating there was misinformation in the public as
what the airport has done and what has been studied in the past. Holland
advised they talked about establishing an airport noise overlay zone around
the Kenai Airport for protection of the residential areas near the Kenai Airport
from noise and fuel pollution. Holland advised he is not sure what the person
is alluding to by fuel pollution and if they are referring to atmospheric
pollution or actual spills.
Holland drew attention to the handouts and the charts he had handed out.
Holland stated it had been mentioned that there were enormous increases in
airport traffic, increased noise and fuel pollution, increased risks from crashes
which endanger the area and are a nuisance to residential areas near the
airport, flight patterns, flight times, and minimum altitude requirements that
are not enforced by the city or by the FAA which lead to incidents such as
the Southcentral .Air crash. Holland stated he didn't believe that that was in
any of the findings from the Southcentral Air crash. Holland stated that once
the aircraft took off it had problems which eliminated it from following any
published procedure. Holland added that was a survival procedure only; and,
pilots are not required to fly patterns if experiencing any kind of difficulty.
Holland commented that under the circumstances the pilot was lucky to
make it as far as he did.
Airport Commission
Minutes
Page 4
May 9, 1996
Holland added the city has addressed the noise sensitive area to the west
side of the airport. Holland stated that one of the handouts he had passed
out was handed out to every lessee who leases a float plane slip from the
city and it specifically addresses the patterns for noise abatement procedure
that those pilots will fly on their approaches and departures from the float
plane basin. Holland stated it requires that the final approach for north
landings will start from the beach of the Cook Inlet so that eliminates them
from flying over the noise sensitive area. On the south take off pattern,
pilots are to extend their climb out until they reach the beach along the Cook
Inlet prior to executing a turn unless otherwise authorized by the Air Traffic
Control for avoidance or conflict with other aircraft. Holland advised that
this is the standard procedure.
Holland advised on the next sheet of the handout in the Airport Facilities
Directory under the Kenai Municipal Sea Plane, those same noise abatement
for aircraft to the west side is addressed. Holland advised this is where
pilots get their information when they use the Kenai facility. Holland
commented that it is not a case of the airport ignoring the condition.
Holland asked the group to turn to the next page and advised this page is
from the Kenai Master Plan (May 1987). Holland advised these are actual
and forecast statistics. Holland drew attention to the 1995 statistics column
noting the annual air operations were forecast to be 104,281 operations.
Holland advised tfie current operations in 1984 were 88,528 operations.
Holland stated the 1995 figure was a forecast. The next page, Holland
advised is from the current Master Plan Working Copy that is under
development with Aires Consultants. Holland noted the base year under
1995 total operations as being 77,911 operations. Holland commented that
was a considerable difference from the forecast operations of 104,000
operations. Holland stated he was showing that the airport has changed in
function and there are less operations now than was forecast.
Holland asked the group to turn two pages back in the handout. Holland
advised this was a 1984 Noise Exposure Contour based upon the traffic in
1984. Holland rioted the elliptical zones that say 70 and 65 and explained
that these numbers are decibels. Holland stated that 70 decibels is a
relatively small area around the runway itself. The 65 decibels extends
beyond that somewhat. Holland noted that the 65 decibel range basically
lies within the perimeter of the fence. Holland advised that from his
research, it is his understanding that 60 decibels is the cutoff limit that most
cities use for noise procedures. Holland clarified that if a city is trying to set
a noise sensitive area, they try to keep it below 60 decibels.
Airport Commission
Minutes
Page 5
May 9, 1996
On the next page, Holland advised this was the forecast for 2005 based on
the numbers that were in these charts. Holland advised these figures are
considerably higher than the actual figures. Holland stated the area grows
slightly but it is not considerably different. Holland stated it indicated that on
the diagram where the Float Plane Basin would be is a 65 decibel contour.
Holland reiterated that these contours are based on the higher numbers than
was forecast. Holland added that the number of airport operations is not
close to the numbers forecast. Holland stated that when the new Master
Plan is complete and the noise contour comes out, it will most likely be
smaller than this based on the actual numbers and aircraft at the airport now.
Returning to the FI&Z minutes, Holland noted that a statement had been
made that the city had already been sued over increased airport noise.
Holland stated it was his understanding that there was an attempt to sue the
city but the plaintiff lost the case. Holland stated individuals had commented
they had not been notified when the Float Basin was put in and there were a
lot of complaints regarding the Float Plane Basin. Holland advised there had
been public hearings held but there was very little public interest shown at
those public hearings. Holland reiterated that there were hearings for those
who wished to attend and they had been advertised.
Holland advised he would like to provide information for standard procedures
at the Kenai Airport. Holland commented a lot of comments had been made
about aircraft flying over people's houses at two to three feet. Holland
stated this was surely an exaggeration. Holland noted the standard
procedures for large turbo prop type aircraft that there is an altitude of 1500
feet. Holland advised that general aviation traffic has a standard altitude
pattern of 1000 filet. Continuing, advised the Float Plane Basin has a lower
traffic pattern of 700 feet. Holland commented that they are to fly a
particular pattern -for noise abatement procedures.
Holland stated these were items he was not sure that people were aware
adding that they do exist, there are procedures, and if they are violated in the
manner people are testifying, they will be reported for that. Holland advised
that the FAA has the responsibility of dealing with reports. Holland stated
that the airport cannot enforce the regulations.
Holland drew attention to the letter from Airport Manager Ernst in the
informational items in the packet which addressed the zoning request from
the P&Z meeting.
Chairman Thibodeau asked if there had been in the past many complaints
involving aircraft in the pattern at lower than normal altitudes. Holland
Airport Commission
Minutes
Page 6
May 9, 1996
stated there are occasionally complaints and a couple of individuals who
habitually complain but it is on a repetitive basis. Holland stated there one
individual who complains habitually, but she is about the only one. Holland
added that occasionally there will be a complaint but not very often.
Thibodeau asked if complaints were mostly involving float plane traffic?
Holland stated no, it could be a Cessna 152 in the pattern after 6, 7, or 8
p.m. Holland stated that quite often the complaints are about the Air
National Guard training. Holland commented there are some instances
wherein complaints were legitimate. For example, the Guard was here too
late at night or a 737 doing training at night and those complaints were
addressed. Holland advised that the dispatchers for those companies are
contacted and reminded that there are certain hours that the city requests
that they train. Thibodeau asked if the city was required to allow the military
and noted that they don't pay a landing fee primarily because they are paying
for the runway. Thibodeau asked if that was correct? Holland stated no that
they are not a commercial operation and the city only charges landing fees to
commercial operations that are over 4000 pounds. Thibodeau commented
that the military is a government entity that cannot be charged because the
government really pays for the airport through the FAA. Holland stated they
do not fit into the landing fee status.
Thibodeau asked if there were any studies to show how the decibel is broken
down, or noise, as passing through a wooded area in comparison to passing
through a subdivision. Holland advised that he was not aware of any studies
and noted that he is not sure of the procedure for arriving at the noise
contours. Holland continued stating that the noise contours are a preliminary
guide if an airport has a problem with noise. If a problem is determined, then
further avenues are pursued.
b. City Council Agenda (5/1 /96)
No report.
10. People Present Not To Be Heard
Chairman Thibodeau asked if there were people present who would like to
address the Commission.
JAMES MEEK, 411 BIRCH STREET —Meek stated he lives a couple hundred
yards from the Float Plane Basin. Meek stated that every morning he can
hear the float planes start up and it is a lot louder than 60 to 75 decibels that
was mentioned. Meek stated he worked in the oil business for a long time
and is familiar with the decibel rating system. Meek reiterated he knew it
Airport Commission
Minutes
Page 7
May 9, 1996
was a lot louder than that. Meek stated he has acoustic tiles in the house to
help break the sound down. Meek stated even in the basement in the
morning he can hear them. Meek stated then there is the fish plane that
does its touch and goes every year. Meek stated it goes over his house a
couple hundred feet off the top and rattles the doors and windows. Meek
stated it is not paying attention to the rules at all. Meek stated the military
planes only come over once in a while and doesn't bother him. Meek stated
there are a lot of small planes that fly right over the top of the trees which is
very dangerous and they don't pay any attention to the rules. Meek stated
his main concern is property values and he doesn't want their property
values to go down. Meek added he has lived there quite a while and doesn't
want his investment to go down. Meek stated his understanding of the
buildings that will be built at the end of the road are substandard buildings.
Not the kind of buildings he would like to see at the end of his road. Meek
stated that once the trees are cut down there will be no sound barrier
whatsoever. Not only will he be complaining, all of the people in Woodland
will be complaining about it and they will get angry. Meek stated there will
be law suits. Meek stated that one law suit may be an anomaly but when all
of Woodland gets angry, there will be more law suits. Just because one
lawyer was not successful does not mean that several people getting
involved with a law suit will not be successful. Meek stated he felt the city
was looking at somebody coming at Mr. Hall or someone who they deem
responsible for this problem if it does happen. Meek stated he would like to
see the city buy or trade for the land and preserve the trees as a buffer to
end a serious problem.
BOBBIE OSKOLKOFF—Stated she lives in the same neighborhood. Oskolkoff
stated she had called the city once about the noise. Oskolkoff stated that
her husband literally, if he had been standing on a ladder, could have touched
that plane. It carve over, Oskolkoff stated she was serious, and it was that
low. Oskolkoff stated it had scared them adding that they had never called
any other time. Her house was rattling. Oskolkoff stated that there is only
one person who lives closer to the airport than they are. Oskolkoff said that
when the planes come, they can't talk on the phone, they can't hear.
Oskolkoff stated she is used to the winter planes and it is particularly bad at
night. Oskolkoff stated in the summer she gives tours at the Russian Church
and has to stop the tour because it is that noisy. Oskolkoff stated they just
put in all new windows and stuff and it didn't make a difference. Oskolkoff
stated it is really bad in the summer, you can't enjoy your yard. Oskolkoff
added that it is true that the planes come over and in particular they had one
bad incident and they called. Oskolkoff stated they were told they couldn't
do anything, that they didn't know what plane did it. Oskolkoff stated that
doesn't help her noting that the plane could have run right into her house.
Airport Commission
Minutes
Page 8
May 9, 1996
Oskolkoff stated she has seen them coming down around First and Birch
sometimes just barely clearing the trees. There are a few houses there.
Oskolkoff stated she thinks if the city wants to improve the airport, they
should look at Marathon Road and get it out of the main part of the city.
Oskolkoff stated that the city has a choice. They can provide the buffer or
they can come and buy their property and move them somewhere building
them new houses comparable to what they have. The city needs to consider
that people live in the city and this problem wasn't that bad with just the
small planes. Oskolkoff stated that she believes there is a problem and the
city needs to be aware that the summer problem is much worse than the
winter problem. Oskolkoff stated she doesn't think everybody is complaining
all the time but maybe they should be if that it what it takes.
RAPHAEL MOORE, 411 BIRCH STREET —Moore stated he doesn't know why
everything boils down to everyone arguing over something that is really one
simple problem to solve. Moore stated he knew a lot of people who weren't
notified of this meeting adding that it was a spur of the moment meeting and
he was at the meeting last night. Moore stated he felt that we need this
property with the trees on it for the animals that are there. If you start
clearing an area where there is animals, you force them out. Moore
commented that animals don't care who they hurt when they are leaving.
Moore stated he hopes that the City of Kenai has enough money or enough
property to make a trade with the property. Moore stated he felt that the
City of Kenai and the people on the board should stop and think, if I don't
live near the airport, how will I know what these people are talking about.
Moore stated the airport is going to get bigger, we know that. If the city
doesn't want to foot the whole bill, let the airport help adding that they get
enough money out of us.
MICHAEL CHRIS'TIAN, 613 MAPLE DRIVE —Christian noted he will keep his
comments brief as the commission already has a number of his comments
adding that there! are issues that he hasn't touched on and he would like to
offer an answer a few statements that were made. Christian stated they are
looking at the future of Kenai and the Kenai Airport noting they are not
looking at right now. The future is growth and planning for it. Christian
stated their future is increased noise. Christian stated they are not getting
the enforcement of the flight patterns. Christian stated there is no question
about that adding that if they would like everyone to write down every time
one goes over he could spend a week or a month out there and could do it.
Christian stated they haven't done that because it isn't a real problem right
now and they can live with it. But, if you cut the trees down, you will get
more noise and it will come right across to them. Christian noted, then, they
will have a problem. And, the city will have to deal with it in a lot more
Airport Commission
Minutes
Page 9
May 9, 1996
expensive manner. Christian stated the city had one law suit and they won
that suit. Christian stated if the city lets those houses get built in that area
that these people are telling you what is happening on Birch, they are going
to get it many, many more. They are planning on 48 lots in that one area
and 10 lots in another area. Each one of those lots will have a home and a
person will be complaining about the noise. Christian stated they want to
prevent that and to do it when it is cheap and not when it is expensive.
Christian stated that they want to save the city and themselves tax money.
Christian added that the man bought the property for $ 75,000 and the city
can get it for a cheap amount adding that just the cost of putting in a road
could supplement the costs of buying this property back and making it a
conservation/noise: buffer zone for all that development to the west.
Christian stated if it is necessary to be obnoxious and complain every time
and if that is what the city want them to do, they will do it. Christian stated
that Monday a C 130 took off from the north end of the runway and made a
90 degree turn and came right through their subdivision. Christian stated
that most people do violate this flight pattern. Christian stated that low
planes are the worst; they will take off and immediately turn to these areas
of Woodland and the Birch and Third Avenue area and not follow the flight
pattern.
THERESA WERNER-QUADE, 409 MCCOLLUM DRIVE — Werner- Quad e stated
that she hoped that the minutes from the P&Z meeting last night clarified
why everyone is here tonight. Werner-Quade stated she was before the
Commission first as a citizen and second as a P&Z Commissioner. Werner-
Quade stated that in no way does she represent the Commission as a whole
adding that she had some things from the meeting last night that she would
like to share. Werner-Quade stated that on page two of the minutes Ms.
Mahurin was stating that she wanted to discuss recommendation to City
Council that they pursue purchase or trade of the property in question which
is called Richka Park which butts Woodland. Werner-Quade stated she
wanted that to be considered a buffer. Further down, Councilman Smalley
asked if this had been presented to the Airport Commission for their thoughts
and that the Airport Commission should have input on the matter. At that
point, the Old Business which was the trade or purchase of the Richka Creek
property for an airport buffer zone, ended and a group is here tonight to
further that discussion.
Werner-Quade (showing a newspaper article) stated she had cut this out of
the paper because she woke up at 4:30 a.m. to a 737 taking off from Kenai
Airport. Werner-Quade noted that she doesn't live in Woodland adding that
she lives by Kenai High School off Aliak and McCollum Drive and Fox
Avenue. Werner-Quade stated there is a large tract of land that heads out
Airport Commission
Minutes
Page 10
May 9, 1996
opposite of Woodland which the borough recently rezoned as residential.
Werner-Quade stated that nothing has been built there. Werner-Quade
showed a map she took off a regular city map a couple years ago that shows
the airport and the piece of land that butts up where she lives noting there
could be a subdivision going in there any time. Given that there will be a
NASA Space Challenger Center being built behind Marathon Road close to
the pond, Werner-Quade stated she wanted to pass the map around.
Werner-Quade stated she had drawn a line where she would like to see an
additional buffer zone be considered noting it would be from behind the
NASA building heading toward McCollum and Fox. Werner-Quade
commented that when you provide for a buffer zone, you are providing for
scenery, the wildlife, noise barriers, quality of life, sanctuary for the Sandhill
cranes, and other animals that are nesting. Werner-Quade stated these
things could ultimately be salvaged with the Richka Creek buffer zone.
Werner-Quade stated she had brought a copy of the ordinance from the city
which was all they were given noting that the trade or purchase was only an
idea right now. Werner-Quade stated it basically talks about said property to
be dedicated for public use.
Werner-Quade stated that one reason the city may want to have a buffer
zone is so the city can follow their own Comprehensive Plan. Werner-Quade
stated that in the minutes from P&Z you can see where she read out of the
Comprehensive Plan last night. Werner-Quade stated she would encourage
everyone who does not have a copy of the Comprehensive Plan to get one
and take it home! and have it around. Werner-Quade stated you can access
any kind of information about goals and objectives of the city the Comp Plan.
Werner-Quade added that it was recently updated. Werner-Quade stated she
had a copy of the Anchorage Comp Plan adding that some people might
remember that the Anchorage Airport had a tendency to spread out and was
soon encroaching on some subdivisions causing a lot of problems. Werner-
Quade stated that Kenai has an opportunity to let others know that the city
has goals and directions. Werner-Quade stated that one of the things it says
in Anchorage's Comp Plan, "recent planning theory has stressed the need to
develop short range implementation projects and programs to implement the
long range recommendations of the Comp Plan. Previous comprehensive
planning efforts in other communities as well as those of Anchorage have
resulted in less than optimal near turn solutions for land use and density
because of the long range orientation of Comp Plans." Werner-Quade stated
that if the city can start by getting a little something going, a small goal, it
will add to the bugger picture.
Airport Commission
Minutes
Page 11
May 9, 1996
Werner-Quade stated that she had talked to Mr. Holland on Wednesday
about air traffic routes and he is going to get with Mr. Ernst and supply those
routes to the Planning and Zoning Commission who will look at them.
Werner-Quade stated she knew it wouldn't immediately solve the problem of
low flying aircraft„ Werner-Quade stated she agreed with the people in the
audience noting she was picking up her kindergartner on Tuesday at 1 :30
p.m. and there was a huge plane flying low down Forest. Werner-Quade
stated she knows that they fly low but she doesn't live in Woodland and
doesn't have the impact. She added that where she lives, she will have that
impact and it will be sooner than she hopes for. If there can be a buffer zone
provided behind NASA running through to her house, it will solve a lot of
things. Werner-Quade added it will be able to be traded or purchased, in her
opinion, for a lot less money than if the city waits until subdivisions are put
in and then buys it back later under litigation. Werner-Quade added that the
city doesn't need any more litigation.
Werner-Quade commented again that she is here as a citizen and has a
concern over where she lives. Werner-Quade encouraged the Commission to
take a look at the maps, take a look at the Comp Plan, and maybe something
way can be figured to create an airport buffer zone. Werner-Quade added
she believes that the Richka Creed Subdivision is a really good place to start.
Thibodeau asked Werner-Quade to point out on a map the Richka Creek
property and what the future extension denoted on the map meant. Werner-
Quade explained that this map was from two years ago and she had spoken
to Ernst about it. Thibodeau stated he thought the expansion was in another
direction than that as drawn on the map. Werner-Quade commented that
she had just did the best she could on designations on the map.
BARB CHRISTIAN, 613 MAPLE —Christian advised she lives in Woodland
Subdivision. Christian stated she wanted to point out, because this is new
information to the Commission and there will probably be more said about
this in future weeks, she doesn't want any misconceptions about what it is
that they are concerned about. Christian stated in some places this is
coming across as an attack on the Airport Commission or airport noise;
Christian noted that isn't how it started. Christian stated it isn't anti -
development, that: isn't how it started, and it isn't a bunch of Woodland
people worrying that their property values are going to go down and so they
don't want anymore building in Kenai. Christian said it started with the
realization that if there is as much noise now as there is in the airport and
you put 48 more families closer to the airport, there is going to be some sort
of repercussion that will be expressed to the city. There are going to be
complaints and the city is going to have to deal with them. Christian stated
Airport Commission
Minutes
Page 12
May 9, 1996
it is that kind of thing that they are trying to prevent before it happens.
Christian stated there is that matter and the matter of future taxation in the
same area because the subdivision as planned right now would eventually
need sewer and water put in and road access built paved to it that would
cost much more than it would cost to buy the property now. Christian
stated it is these concerns that are behind the movement it isn't all of these
various attacks and advised she just wanted to clarify that.
SHERRY MCBRIDI, 1111 5T" AVE—McBride advised that the Float Plane
Basin is right outside her back door. McBride advised that her house was
built by her in-laws in 1954 and they were the first people in the area. Her
mother-in-law moved out two years ago because the float plane basin got
put in and it got too noisy for her. McBride stated that she has learned to
live with it. She has three kids, 12, 10, and 3 year old. McBride stated her
three year old lovers it; it is woods all around. He thinks it is neat to see the
planes go over and at times he can see the pilots and wave to them.
McBride stated they buffered a lot of the subdivision up front on their
property and will keep it that way. McBride stated if they cut the trees on
the property on the side, they might as well take her house and put it in the
middle of the runway because that is what she will be hearing. McBride
stated it gets bad enough as it is. The fish planes come in, there is one lear
jet who flies so IOIN you can count every bolt on the machine. McBride
stated they put shadows in her window adding they come right over the top
of her house. McBride stated if they take out the trees next door to her and
put in this subdivision, she will have planes and cars making noise and a lot
more traffic.
McBride noted that as it is they get a lot of kids back there partying. The
subdivision opened up part of it and cleared an area and McBride stated she
has chased kids out of there. McBride stated there is garbage being dumped
there and her and her kids have cleaned it up. McBride stated there is a lot
of wildlife back there including birds, moose, and caribou. McBride noted
there is a family of Stellar Blue Jays living in the woods there now. McBride
stated her son gets out books and looks up the birds and animals and
commented that she would like things to stay the way they are. McBride
stated that Kenai isn't too big and suggested going one direction or the other
which might make Kenai combine with either Soldotna or North Kenai but at
least you will be saving a lot of trees.
McBride explained her family's history noting that her husband had been born
in their house, she had lived there 18 years, and that her father-in-law put
Birch Street in. McBride stated their house has grandfather rights
commenting that the dirt in her basement slides from the vibration of planes.
Airport Commission
Minutes
Page 13
May 9, 1996
McBride stated that they had dirt falling last summer when they brought in
the machinery to work on the property. McBride stated their house won't
handle much more traffic noting that they are wanting to take Fifth Avenue
and move it up against her house. McBride said she meant that literally and
when the snow would be plowed they would be plowing it into her garage.
McBride said they have already cleared the land behind her to put a road
through noting if they do, they would be hitting her garage and where they
have their dog chained in the tall grass. McBride stated her son has a tire
swing there and added that there would be no trees, no wildlife, no place for
the kids to run through. She added that her 12 year old had did a science
project about rain forests and came home and told her that if they put the
subdivision in they would all choke. McBride noted they already smell the
fuel bad on some days and she doesn't open her doors or windows. McBride
stated that if they take the trees out everyone's houses would get the noise.
McBride reiterated her feelings several times about how beautiful she felt the
woods were and -that they should be saved. McBride said her husband used
to swim in Float Plane Lake and now the kids can't use it and now they want
to destroy the woods. McBride said she lives on a dead end street and
commented that she would be calling the City of Kenai tomorrow and say
she wanted a sign saying children at play. McBride talked about how fast
people drive in the area and how many kids play in the area. McBride added
that if they put the subdivision in, they might as well put fences up for the
kids so they can keep the kids in. McBride stated her land ends right at the
park on Fourth Avenue adding that she can yell from her back door to her
kids. McBride said if they put the subdivision in the city may as well come in
and pick her house up and turn it around and move it back further into her
property so they will not have cars hit her house or run into her front yard.
McBride said that is the way the road will go and when they do it they will
dig up her gas, electric, phone, and all utilities will be shut off. McBride said
she doesn't want to lose her power. McBride said the City of Kenai, Fire
Department, and Police Department didn't know her house was back there
and when her son, got hurt they had to show them where they lived.
McBride said she doesn't want to see anymore destruction and wants to let
her kids play and 'be safe. McBride said she lived in Anchorage for three
years and kept her kids inside. (Note: McBride continued on for sometime
repeating the same comments in various ways.)
GINGER KAONA, 691 SYCAMORE CIRCLE—Kaona stated she would like to
echo the concern of Barbara Christian noting they are not trying to make
anyone's life miserable but would like the City of Kenai and the Airport
Commission to take a serious look at the buffer zone. It is very much
needed. Koana skated she had one comment on the air traffic and noted
appreciation that the planes are provided to pilots; however, they are not
Airport Commission
Minutes
Page 14
May 9, 1996
adhered to. Kaoria said she didn't feel it was necessary to call every single
time but if that will help the cause she noted she will call. Kaona noted she
hated to do that but if that is what needs to be done to make the
documentation then she will make the calls noting they do fly very low.
Kaona stated she would appreciate the Commission's help.
Note: From this point conversation took place between Commission and members
of the audience without use of the podium.
Acting Airport Manager Holland asked those who are talking about the airplanes
flying low what areas are you talking about. Holland asked if they realized that the
runways on each end that airplanes have to land on. Holland asked if they were
talking about directly over the top of the subdivision where they are flying that
low? Christian responded he had found an inspection plate in his back yard.
Holland stated that doesn't mean he was two feet over the house. Christian stated
he was not talking about height but that they were not supposed to be in line over
the subdivision and Christian asked what pattern they were supposed to be flying.
Holland stated the approach that is laid down takes them out directly towards the
inlet if you are coming right off the end of the runway. But, you still have to fly a
pattern for the runway and that pattern altitude Holland stated he had talked about
earlier for larger aircraft 1500 feet and for general aviation aircraft of 1000 feet.
Holland stated that pattern will take them towards that direction and will actually
put it on the other side of Woodland. Christian said they shouldn't be flying
directly over Woodland and Redoubt, they should be going further. Thibodeau
explained that when they take off if they are going to the south, they will continue
the climb until the shore line. The lowest pattern altitude is for float planes and
that is a 700 foot altitude which may appear low. Thibodeau said once they get to
the shore, they turn to the west and then north. Thibodeau said there really is no
defining how far out or how close that down wind leg is going to be. Thibodeau
said in a smaller plane a conservative pilot will keep it to where if he has an engine
failure, he can make it to the runway safely or make it to the water safely. The
700 foot pattern altitude for the float plane basin would necessitate that that plane
would be probably over the Woodland area in order to make it from an altitude of
700 feet to the water, he can't be too far out. Thibodeau said he certainly will not
be further out than Sears, he will be in closer. The planes that are general aviation,
wheeled aircraft, their pattern altitude is 1000 feet and they may be just a little
further out. Thibodeau said if it is an engine failure and they want to be able to
make it to the runway, they will be conservative. Christian asked Thibodeau if they
were saying they are keeping them close to the runway as a preventative measure.
Thibodeau said that is a matter of pilot judgment. There is no defining for a pilot as
how big that pattern is. Thibodeau said at a very large airport the number of people
in the pattern might actually set how big the pattern is. Thibodeau said with this
Airport Commission
Minutes
Page 15
May 9, 1996
being a smaller airport it is safer to keep it closer in and that would be why they
generally come straight in and out. They usually don't fly a pattern.
Ms. Oskolkoff stated hE.�r complaint is the plane that just about hit their house. She
stated they are coming from the west to the east. Oskolkoff stated the helicopters
do this and this particular plane did this. Oskolkoff asked why they were using this
direction if the airport runs north and south? Thibodeau stated if they are coming
from the west to the east and are directly over Woodland, they are out of line.
Oskolkoff stated they are not in Woodland and the ones who are complaining the
loudest are the people on Birch. Oskolkoff stated they are the people most affected
and that is why the planes make it so they can't even talk on the phone. Holland
stated that is the approach for the end of the runway. Oskolkoff said they don't
normally fly that direction and there are a few planes that are hitting awful low.
Oskolkoff remarked that: they should be able to see them from the tower.
Thibodeau said there is a Vassey System which is a light system which most of the
pilots will use on that approach. A larger aircraft will appear to be a lot closer to
you. Thibodeau said he wasn't saying that they weren't real close and noted that
he has been down there himself and has seen larger aircraft coming in that appear
to be really low. Thibodeau remarked that a big aircraft will appear to be a lot
closer plus the runway is the length where a larger aircraft will want to hit the
beginning of the runway. Oskolkoff stated that the city should be considering this
buffer zone because of the military planes and the fish planes adding that she can
live with the little planes. Oskolkoff added remarks about the hours the planes fly
and the fact that there are a lot of shift workers who need to sleep and get up at 4
a.m.
Commissioner Bielefeld stated there are two separate issues. Bielefeld stated the
buffer zone is one thing and he agrees with the buffer zone noting that
development within an airport traffic pattern is short sited on the part of the people
buying the property. The low flying aircraft is a separate issue and they don't
belong there. Bielefeld stated he had been trying to figure out why they are there
noting that Birch Drive does not line up with the traffic pattern. Oskolkoff
reiterated that they were., not flying north and south but east and west.
Note: Conversations between Commissioners as well as people in the audience.
Chairman Thibodeau advised they had been discussing that their runway actually
starts about halfway down the paved runway. Thibodeau advised that Christian
had been saying when they take off sometimes they are climbing to altitude, they
are not going to the shore line, they are turning west out over that area. Thibodeau
stated he agrees and knows that kind of thing has happened in the past and knows
that is the type of thing that if you see and get a time or a description to the airport
administration they can find out from tower which aircraft that was and can have a
Airport Commission Page 16
Minutes May 9, 1996
talk with the pilot. Acting Airport Manager Holland advised that is not the case and
stated they are not an enforcing body and cannot do a thing other than get their tail
number, find out an aircraft description, and call the FAA and make a report. That
is all that can be done as well. Holland reiterated they cannot enforce anything.
Christian asked then if they are to go to the FAA and Holland advised yes. It really
does no good to call the, city other than for the city to keep a record of it.
Thibodeau commented that once an airplane leaves the ground, it is with the FAA it
has nothing to do with the city airport. Oskolkoff asked if that was on the
approach also asking about the easterly direction again. Holland stated that the
helicopters that depart the Kenai Airport are normally departing out over the area of
the golf ball. Holland asked if they knew where that was and explained it is out
across the marshy flat areas towards Colliers. That is their standard departure and
usually they avoid coming across any residential areas at all. Thibodeau stated that
FAA regulations basically say that helicopters will avoid the flow of fixed wing
traffic and that gives them a pretty wide margin. Thibodeau added that he felt that
if local operators were notified when something happened they would probably
correct the problem. Thibodeau stated they are willing to work with everyone and
added that he felt that Would be the way to deal with it. Bielefeld added that one
of the owners lives close to Oskolkoff just off Birch Drive. Oskolkoff stated she
didn't feel they were as much of a problem adding that she knew that they couldn't
do anything because when she had called she was almost hysterical and they
couldn't do anything. 'She added that all they could ask that they not let that be a
subdivision.
Teresa Werner-Quade stated she wanted to say that there were two mixed issues
and she would like to speak again to the issue of the buffer strip. She added that
she knows that sometimes political wheels turn very slowly. Werner-Quade stated
she thinks this is something that the Airport Commission needs to look at right
away and what she was asking that they recommend looking into an airport buffer
zone. To look at those areas mentioned tonight and decide whatever side you want
to take, Werner-Quade noted it is a matter of taking sides. Werner-Quade added
that she hoped that every Commissioner would see the need for an airport buffer
and take some action.
Chairman Thibodeau asked if there was anyone else who would like to speak noting
that they actually shouldn't be doing this and that it had turned into an open forum.
Thibodeau added that this item had not been on the agenda for tonight's meeting
adding that he didn't feel there was any motion that can be made tonight.
Thibodeau added that it would be on the agenda for the next meeting.
Airport Commission Page 17
Minutes May 9, 1996
10. Adjournment
EDWARDS MOVED TO ADJOURN AT 8:30 P.M. MOTION SECONDED BY
BIELEFELD. MEETING ADJOURNED.
y Submitted:
Mbrilyin Kebschull
Administrative Assistant.
Enai �forrzmurzify-L&Lazy
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
(907) 283.4378
REPORT FOR THE MONTH OF APRIL 1996
Circulation
Adult
Juvenile
Easy Books
Fiction
2063
525
1137
Non-fiction
2839
452
464
Periodicals
229
Kits Puzzles
Phonodiscs
Cassettes
Videos Misc.
7 1
4
126
559 89
Total Printed Materials ... 7709
Total Circulation
... 8495
Additions ... Total 187
Interlibrary Loans
Ordered
Received
Returned
Books
56
44
27
Interlibrary Loans by our Library ... Books 49
Volunteers
Number .. 35 Total Hours .. 282
Income
Fines and Sale Books 1,162.25
Lost or Damaged Books 139.75
Xerox 553.25
Donations 69.00
Total Income for April 1996 ... $1,924.25
enai Comrnanity - dzazy
A PUBL IC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
(907) 283.4378
Library Cards Issued April 1996
Kenai
62
Clam Gulch
1
Cooper Landing
1
Ka.silof
9
Ni.kiski
15
Ni.nilchik
3
Soldotna
39
Sterling
9
Other
4
143
Library Patronage .... 8544 Persons
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
May 22, 1996, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: May 8, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ96-39—Preliminary Plat, Oberts Pillars Subdivision - Part 2
6. PUBLIC HEARINGS:
a. PZ96-38—Conditional Use Permit —Gov't Lots 83 & 84, Sec. 31, T6N, R11W
b. PZ96-40—Conditional Use Permit —Tract A, Inlet View Subdivision, a
Resubdivision of Tract A
c. PZ96-41—Creati0n of a Prime Residential Zone
7. NEW BUSINESS:
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
a. AAA Taxi
10. REPORTS:
a. City Council
b. Borough Plannin;
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission Page 2
Agenda May 22, 1996
12. INFORMATION ITEMS:
a. KPB Administrative Approval of Hakkinen Estates Subdivision & Sprucewood
Glen Subdivision No. 7
b. Kenai River Special Management Area Advisor Board Minutes of 4/4/96
c. Work Session on :Prime Residential Zone Minutes of 4/10/96
d. Memo from Robert C. Springer, Building Official
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
UNAPPROVED
CITY OF KENAI
PLANNING AND ZONING COMMISSION
May 22, 1996
Minutes
1. ROLL CALL:
Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth,
Karen Mahurin, Kevin Walker
Members Absent: Carl Glick
Others Present: Councilman Smalley, City Engineer Jack La Shot,
Administrative Assistant Marilyn Kebschull
2. APPROVAL OF AGENDA:
GOECKE RECOMMENDED APPROVAL OF AGENDA AS PRESENTED WITH
THE ADDITION OF THE HANDOUT AND ASKED FOR UNANIMOUS
CONSENT. MAHURIN STATED SHE OPPOSED UNANIMOUS CONSENT.
Mahurin stated she was under the impression that at this meeting under Old Business
would be the recommendation or discussion of the purchase of the Richka Park property
after a meeting and a report from the Airport Commission. Mahurin noted the minutes
reflect this. Walker asked if Mahurin would like to ask staff if they have that report
prepared. Mahurin stated at the last meeting a motion was made that the discussion
on making a recommendation to city council to purchase the Richka Park property
would be discussed at the Airport Commission meeting then would be brought back to
the next Planning & Zoning meeting with a report from the Airport Commission as to
their direction on this issue. La Shot stated he believed it was discussed. Kebschull
advised that the Airport Commission had discussed the property but it was on their
agenda as an information item only. Kebschull added that the Airport Commission
chose to take no action until they were given more information. Kebschull advised they
don't meet again until the second Thursday in June.
MAHURIN STATED SHE WOULD LIKE TO ADD THIS ITEM, PER DIRECTION
FROM THE LAST MEETING, UNDER OLD BUSINESS. WALKER ASKED IF
THERE WAS A SECOND ON THE AMENDMENT? WERNER-QUADE
SECONDED THE REQUEST. WALKER ASKED IF ANYONE OPPOSED THE
ADDITION OF THE R.ICHKA PARK DISCUSSION. BRYSON STATED HE
WILL ABSTAIN FOR :REASONS STATED DURING THE LAST MEETING.
VOTE ON AMENDMI+:NT TO AGENDA:
BRYSON ABSTAIN WERNER-QUADE YES
GOECKE :YES BOOTH YES
MAHURIN :YES WALKER YES
MOTION PASSED.
VOTE ON APPROVAL OF AGENDA AS AMENDED:
WERNER-QUADE YES GOECKE YES
BOOTH :YES MAHURIN YES
BRYSON YES WALKER YES
AGENDA APPROVE]:).
3. APPROVAL OF MINUTES: May 8, 1996
BRYSON MOVED TO APPROVE MINUTES OF MAY 8, 1996 AS PRESENTED
AND REQUESTED UNANIMOUS CONSENT. MOTION SECONDED BY
MAHURIN.
Walker asked if any changes to the minutes. None noted. MINUTES APPROVED.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ96-39—Preliminary Plat, Oberts Pillars Subdivision - Part 2
GOECKE RECOMMENDED APPROVAL OF PZ96-39 PRELIMINARY PLAT
FOR OBERTS PILLARS SUBDIVISION, PART 2. MOTION SECONDED BY
BOOTH.
Walker asked for addit.-Zonal staff comments. La Shot stated no additional comments.
Walker asked if anyonE! in the public wished to speak to Item 5a, PZ96-39. No
comment. Walker brought item back to Commission for discussion.
VOTE:
GOECKE ':YES BOOTH YES
MAHURIN ':YES BRYSON YES
WERNER-QUADE -YES WALKER YES
PLAT APPROVED.
Planning & Zoning Commission Page 2
Minutes May 22, 1996
6. PUBLIC HEARINGS:
a. PZ96-38—Conditional Use Permit —Gov't Lots 83 & 84, Sec. 31, T6N, R11W
BRYSON MOVED TO APPROVE PZ96-38. MOTION SECONDED BY GOECKE.
Walker asked for additional staff comment. La Shot stated nothing additional.
Public Hearing Opened.
Truman McCrady —Advised he had been on the original Planning & Zoning
Commission for the City of Kenai. McGrady stated he feels that this variance is
degrading to the area for the simple reason that it is urban residential. McGrady
stated he had lived in that area for 40 years. McGrady stated he would encourage the
commission to go against this noting it is a fire hazard. McGrady added that the city
has had very bad luck .regulating parks and has had to close them in the evening.
McGrady noted that this is a neighborhood of retired people. If they remove the trees,
it will destroy the noise buffer between the airport and the residential area. McGrady
stated he urged the Commission to vote against this.
Werner-Quade asked ff Mr. McGrady had contacted her by phone. Werner-Quade
stated she needed to report an ex parte contact with Mr. McGrady noting that she didn't
feel that what they discussed would effect her decision.
Ann V. King —Stated she strongly objects to the location of a commercial enterprise
being located adjacent to her property at 1109 Third Avenue as well as the other
objections that she stated in a letter to the Commission.
Bobbie Oskolkoff—COskolkoff stated that to put in commercialism like RV parks in
the city is trashy noting she has never been in a city that sticks their RV parks
downtown. Oskolkoff stated she is close to town. She noted she has been putting in an
$8000 kitchen in her house and between cutting the trees and putting in RV parks, the
city is not enforcing the laws on the garbage. Oskolkoff stated she could name three
homes down there that; are a disgrace to the neighborhood noting that they tried to
report it last year. Now, they want an RV park. Oskolkoff stated they were part of the
people who asked for t:he park on 4te, now there is nothing but pot heads down there
and noted they cannot let their grand kids go down there. Oskolkoff stated there are
brand new homes going down on Birch. Oskolkoff stated she didn't think they needed
to get commercialized in the residential area. Oskolkoff stated she urged the
Commission to start looking at all that stuff that is at the edge of the city noting the
city is a first class city. Oskolkoff said she doesn't feel like selling her home because
they are going to cut the trees down toward the airport noting she will not get the
Planning & Zoning Commission Page 3
Minutes May 22, 1996
money back out of her kitchen. Oskolkoff stated she wanted to live there commenting
that they are getting older as are several of her neighbors. Oskolkoff stated they are
there because they like the location; they raised their kids there. Oskolkoff stated she
feels like they are being pushed out by all of these things that are going on. Oskolkoff
stated she didn't feel that anybody had considered this was a residential area.
Oskolkoff asked the Commission to consider that they wouldn't want an RV park in
their area.
Ozzie Osborne —Stated he lives at 1106 Third Avenue right across from the planned
RV park. Osborne stated he takes care of the house for the owner and was planning on
buying the property. Osborne stated that if park goes in, he will have to reconsider the
purchase. Osborne noted that the traffic will pick up and it is a gravel road. Osborne
stated the area needs to stay urban residential as it is.
Gene Moyer --Moyer stated he is the petitioner and noted he is new to the area.
Moyer stated he has owned property in the KenailSoldotna area for ten years, moving
up from Oregon. Moyer stated he is a retired police officer and knows what riff raff
amounts to. Moyer stated he bought this piece of property in rundown condition noting
he has put a substantial amount of money into this property and has cleaned up the
area. Moyer added that the people who walk up and down the road everyday should
notice that they have been cleaning up the garbage. Moyer stated beyond his place,
there is a whole bunch of garbage along the road. Moyer stated he chose not to contact
any of the neighbors for one reason, to see if anyone would contact him to see what his
plans were. Moyer noted he has owned property in Oregon for a number of years and is
under a forest deferral Man there and he does not cut trees. Moyer stated he has cut
one tree on the property and that was it. He has pulled up some small ones because of
their locations. Moyer .stated he has replanted a number of trees. Moyer asked the
group to rest assured that he will not go in and clear cut the property. Moyer noted the
RV park is for four spots. Moyer noted he had visited the Visitor Center and they had
stated they need some place for people to camp and that is same with a controlled
environment. Moyer stated they also stated they needed an RV park. Moyer stated he
figured four RV's could go in the lower part along the swell and they would be there
during the two months in the summer, not along -term project. The tents, Moyer stated
this was one of the bigitems noted, they claimed the city has six tent spots in town.
Moyer stated that on this same note, across the street behind the airport, the city has
put in camping spots. Moyer stated he didn't know how true that was but there has
been some excavating in there and spots cleared and gravel put in. Moyer stated he
didn't know who would be allowed to use the spots. Moyer added there are lots of kids
in the neighborhood noting he has had his kitchen window shot out and his pickup
window shot out and broken. Moyer stated he did not call the police. Instead, he went
to the children and they agreed to do some additional cleaning up of the property.
Moyer stated the alternative to this would be to probably build another house, two
houses, three houses, or whatever. Moyer stated they could legitimately put six kids in
Planning & Zoning Commission Page 4
Minutes May 22, 1996
each house, then there would be 18 more kids there. Moyer noted they would cut out a
lot of trees excavating the property to build additional buildings. Moyer commented
that he had done this only as a stepping stone to find out what the need for the area
was. Moyer stated the current building that is there is a duplex and commented that
maybe they need a bed and breakfast type operation in there. Nloyer stated they have
no objections to amend the permit to drop the tents, drop the RV's but they would like
to have a bed and breakfast to increase the income from the property. Moyer stated
that people will notice that he does have camp trailers that he parks there and will
have relatives driving into the area that will be parking their RV in his back yard
sometime during the summer. Moyer noted that whatever the decision of the
Commission, there would be garbage cans, toilet facilities, and the area policed and
kept up if there was anybody who came in to park their RV or to camp in tents
overnight. Moyer advised he would answer questions.
Mahurin asked Moyer if he intended to live on the property and run the operation
himself. Moyer stated they intend to live upstairs in the duplex. Mahurin clarified he
would be living there year round.
Booth asked Moyer if he planned on installing rest rooms or how would he plan to take
care of this accommodation. Moyer stated he had contacted the people who have the
portable toilets and they would service them once a week or whatever is decided is
needed. Moyer stated the other alternative would be to put a bath house on wheels and
find some way to attach it to his sewer line and use it that way. Booth asked if he
planned on having fire pits on the property for the tent campers. Moyer stated he
would like to have that but noted if you can't burn trash there, you certainly don't want
to have camp fires.
Zoya Oskolkoff—Oskolkoff noted she had grew up at the end of Birch Street and now
she is lucky enough to rent a house next door to her parents. Oskolkoff stated that RV
parks would ruin the area noting it is a residential area. There are a lot of kids in the
area. Oskolkoff stated that public toilets are not what anybody wants to see where thev
live and drive. Oskolkoff stated she didn't feel RV parks belong where you live. RV
parks belong where you want to attract attention for the tourist industry even if it is
downtown. Oskolkoff added that Birch Drive and Float Plane Road is not a tourist
industry and doesn't gel:, along where there are families.
Foster Walters —Walters noted he lives at 214 Birch Street and has lived there for 16
years. Walters stated he is opposed to the whole thing noting he wrote a letter and
asked that it be read. Walters stated he hasn't much to add except the outhouses would
be terrible. The outhouses would smell, you would have fire hazard, and a road that
was supposed to be paved years ago for access to the Float Plane Basin. Walters stated
it didn't work that way and stated he knows how things work and this will be another
disaster if it goes through.
Planning & Zoning Commission Page 5
Minutes May 22, 1996
Raphael Moore Stated he has been before the Commission several times and stated
they will keep beating the issue until somebody wins. Moore commented that if Moyer
wants to buy his property and other property, let him make a bid. Moore stated he
didn't think it was right for someone who has money to come in and do what they want
to do, when they want to do it, anyway they want to. Moore asked what you call that.
Moore stated he called :it unreal. Moore stated he thought it was time that somebody
sat down before things really start happening.
Michael Christian —Christian stated he lives in Woodland Subdivision. Christian
stated he would like to point out there are zones for residential areas and zones for
commercial activities. Christian stated the more encroachment of commercial into the
residential area, the more the quality of life will deteriorate. Christian stated he
doesn't see a real problem with a bed and breakfast; however, the RV park even though
suggested for four spaces could be expanded. Christian stated that Moyer had said he
could build houses there and noted that is what residential areas are for and
commented he felt that would be a much better choice for that area. Christian stated
he would suggest they turn down the RV section of the proposal.
Kristine Schmidt —Schmidt stated she also lives in Woodland Subdivision and would
like to echo the comments made by Mike Christian. Schmidt stated she is against any
encroachment of commercial activities into residential areas. That is why there are
residential zones. Schraidt commented that Conditional Use Permits, although
permitted in the zoning; code, should be very sparingly, if ever, approved. Schmidt
stated she felt the appropriate usage for residential areas is for residences. Schmidt
stated that increased traffic because of the commercial nature of the activity would be a
nuisance to the residential neighborhood. Schmidt noting that Mr. Moyer had said he
would not cut trees, stated she appreciated that but there is no guarantee that that
won't happen as he would need space for R.V.'s and campsites. Schmidt stated the fact
that Third Avenue is uiapaved and it is very dusty in the summertime from the
residents. Schmidt asked the Commission to vote against the project as designed.
Chairman Walker asked that the letter from Mr. Walters be read into the record.
Letter read into record by Kebschull and body of the letter as follows:
"Please read this letter at the Planning and Zoning Commission meeting
on May 22, 1996„ We have no objection to the Moyers getting a permit for
a Bed and Breakfast at their residence but we are opposed to the R.V.
parking and overnight camping to be located at Third Avenue and Float
Plane Road (Gov't Lots 83 and 84, Section 31, T6N, R11W), Kenai, Alaska.
We oppose for the following reasons:
Planning & Zoning Commission Page 6
Minutes May 22, 1996
1. Third Avenue is a gravel street. More traffic will create more dust and
noise in the neighborhood.
2. If Lots 83 and 84 are cleared or partially cleared of trees for parking and
camping, the airport noise buffer for the homes on Third Avenue will be
destroyed. As it is, summertime float plane noise exceeds acceptable
levels.
3. If RV parking and overnight camping were permitted on these lots, fire
danger would increase for the homes on the block between Second and
Third on Birch from barbecue grills and other camping fires.
4. An RV park and overnight camping would increase traffic to the
residential neighborhood at all hours of the day and night. Noise is the
least of the disturbing situations such a facility would create.
5. The residents on Third Avenue between Birch Street and Float Plane Road
are retired people and do not want the area to become noisy and possibly
dangerous because of a transient population.
6. The Float Plane Road is already littered with broken glass and other
debris. An overnight camping area would only add to the litter problem."
Letter was signed by Foster H. Walter, 214 Birch Street, Kenai, 283-7305, and also by
Virginia E. Walters.
Chairman Walker asked if any other public comment on this item.
McGrady—Noted he would like to make a correction and that there is no such address
as the Float Plane address stating it is on Third Avenue. McGrady stated they have
never numbered any of the streets on Float Plane. McGrady stated that 1105 Float
Plane should be 1105 Third Avenue.
Public Hearing Closed.
Goecke stated that there was substantial neighborhood input as far as the camping part
of the permit. Goecke added that the applicant had stated he would not be opposed to
only a bed and breakfast. Goecke stated in light of testimony that that might be a good
way to proceed. Walker asked if Goecke wished to make an amendment at this time.
GOECKE MOVED TO AMEND PZ96-38 THAT THE CONDITIONAL USE
PERMIT BE FOR A BED AND BREAKFAST ONLY AND NOT THE R.V. PARK
AND CAMPING. MOTION SECONDED BY BOOTH.
Bryson stated he is a resident in the general area and is well aware of the nature of the
neighborhood. Bryson stated that commercial or semi -commercial development can
effect the area with such low density. Bryson stated that he feels that the R.V. facility
and overnight camping are inappropriate for the area. Bryson stated he will be
Planning & Zoning Commission Page 7
Minutes May 22, 1996
supporting the amendment. Bryson asked if the item could be passed back to the public
regarding the bed and breakfast only and see if there was additional input in that
regard if the amendment is approved.
Booth stated he is somewhat opposed to the project the way it stands because of the
camping and because of the R.V. park. Booth stated he felt it is inappropriate to have
port -a -potties and camp fires in the residential neighborhood. Booth stated he does
support approval of a bE!d and breakfast for that area.
Bryson stated the petitioner requested the status of camping that is planned in the
airport area and wondered if the administration could advise the status of that
situation.
La Shot stated that he felt Councilman Smalley could better answer that question.
Smalley advised he is not fully aware of the number of sites but it is only a few. The
Airport Commission a couple years ago decided it would be nice to have a facility
available for the itinerant float plane pilots to spend the night. Smalley stated that to
the best of his knowledge he doesn't think it has ever been used. Smalley stated that in
talking with the Airport; Manager at council meetings when it came up as a discussion
item, it had yet to be used. Smalley stated the sites have been in almost two years.
Walker stated he would like to comment that the Planning & Zoning Commission was
bypassed on that particular decision in it's entirety and added that they would have
strongly objected to it. :Bryson commented that the camping is tent camping only and it
is not a drive-in situation.
Mahurin stated that whether the Airport Commission put in camp sites she felt is
irrelevant on this issue. Mahurin added she would like to pursue that issue at another
time. Mahurin added she will support the amendment to eliminate the R.V. parking
and the camping and she would like to hear input from the public about the bed and
breakfast. Mahurin noted she still has a lot of concerns so would like to hear from the
neighbors. Mahurin stELted she too lives in that neighborhood and is trying to be
objective and not let it influence her decision; however, records shows she is strongly
interested in the float plane area and in the airport buffer. Mahurin added that houses
would provide a different type of a buffer if that is what the property owner wishes to
do. Mahurin stated she would like to hear public testimony regarding the bed and
breakfast and would support the amendment so far.
Chairman Walker stated he felt it would be appropriate before taking additional public
testimony, to vote on the amendment. Then, open the amended issue up for public
hearing.
VOTE ON AMENDMENT:
BOOTH YES MAHURIN YES
Planning & Zoning Commission Page 8
Minutes May 22, 1996
BRYSON YES WERNER-QUADE YES
GOECKE YES WALKER YES
AMENDMENT PASSED.
Chairman Walker advised that PZ96-38 has been amended to provide for a bed and
breakfast only
Public Hearing Reopened.
Bobbie Oskolkoff—Stated she does tours of the Russian Church and there is a need
for places for people to stay. Oskolkoff added that there is a need for tent campers
commenting that she doesn't want them in her neighborhood. Oskolkoff stated she had
a suggestion noting that: the city used to have camping until cannery workers ruined it.
Oskolkoff suggested opening up like other parks and charge noting that the city does
have to accommodate tent campers. Oskolkoff questioned how many people Moyer
would intend on having in his bed and breakfast. Oskolkoff stated she is not opposed to
the bed and breakfast adding that her contact with the tourist has been really good.
Oskolkoff added that that goes for the motorhomes but she doesn't want them in her
neighborhood. Oskolkoff reiterated her concern would be how many people Mr. Moyer
would want to stay there and how much traffic would be coming and if he would be
open year round. Oskolkoff stated she would like to know more about the bed and
breakfast. Oskolkoff added that her cousin had one in Ninilchik and never had a
problem, the guests were doctors, lawyers, people like you. Oskolkoff commented it is
his home and if he feels it is safe to have someone in his home, that is probably his
business. Oskolkoff stated there is no difference between bed and breakfast or foster
kids as long as it takes place in the home and he lives there.
Chairman Walker asked Mr. Moyer if he would care to respond asking how many
persons he wished to have at the bed and breakfast. Moyer stated there are three
bedrooms and they anticipate putting in the neighborhood of six single beds and maybe
a seventh. Moyer stated a maximum of eight at any one time and that would be a
family group. Moyer stated there won't be a lot of traffic with the bed and breakfast
adding that there is a lot of traffic from Float Plane Road from people outside of his
neighborhood. Moyer added they use it as a speedway and throw bottles, etc. but he
doesn't think the people from the bed and breakfast will cause a problem. Moyer stated
he has a grandson patrol the road and take the glass off the road. Moyer commented
that 1105 Float Plane is a legitimate address noting he had requested that it be
because of the fire department, phone, and electric companies decided that would be the
appropriate way to identify that piece of property. Moyer added that the driveway is off
of Float Plane Road.
Planning & Zoning Commission Page 9
Minutes May 22, 1996
Virginia Walters —Stated she lives at 213 Birch. Walters stated they were not
opposed to the bed and breakfast noting that the former resident always had the
basement rented. Walters stated that it has been legitimately a two family dwelling for
a long time. The only objection would be making sure the egress was on Float Plane
Road so they wouldn't get more traffic on Third Avenue. Walters added that hopefully
there would not be another cabin built to accommodate more people.
Zoya Oskolkoff—Stated she doesn't oppose the bed and breakfast. Oskolkoff stated
she wondered why they couldn't have someone patrolling the Float Plane Road adding
it is like an abandoned road. Oskolkoff commented there is the Float Plane Basin, kids
up and down the road, and it is a bad spot for riff raff. Oskolkoff stated she worries
about her kids and wonders what they will see. Oskolkoff added there was an incident
with the police department on the road even though she doesn't know how true it was.
Oskolkoff wondered if it could be patrolled more.
Chairman Walker advised the P&Z would have no direction to the police department
one way or another and should be addressed through council or administration.
Leon Quesnel—Stated he lives in Woodland Subdivision and would like to note he
supports the bed and breakfast and not the R.V. park.
Mr. McGrady—Stated he is a little bit on the fence about the bed and breakfast
adding a toe in the door is just before you get the head in. McGrady stated he would be
opposed to a bed and breakfast adding what would be next. McGrady stated that
ordinances as they have been protected over the years. McGrady stated that Third
Avenue had been promised to have been paved eight or nine years ago but that was the
last time he ever saw anybody. McGrady stated the dust is bad and there is high speed
driving even now without anything there.
Mr. Walters —Noted that as he had stated in his letter that was read, he is not opposed
to the bed and breakfast, but would like to be assured of it that is doesn't expand.
Walters stated if it is contained to that residence, he has no problem at all. Walters
said they don't want another house built with it turned into a bed and breakfast or a
cabin built. Walters added that he doesn't know if there is anyway to restrict it to that.
Kristine Schmidt —Stated she wanted to express the same feelings as Mr. Walters.
Schmidt noting that onE!- of the problems with Conditional Use Permits is that they
come back on you later as the next person along the line thinks there is grandfather
rights and want to expand the use. Schmidt asked that if they are going to approve a
conditional use for bed and breakfast, that it be as restrictive as possible to the existing
residence so that the next person along the line can't use it as a toe hold to put
eventually a bigger, more expanded commercial type development.
Planning & Zoning Commission Page 10
Minutes May 22, 1996
Raphael Moore—StatE!d he would like to second what was just said.
Ann King —Stated she wanted to agree with what Mr. McGrady said and wanted
reiterate her objections to the entire thing.
Chairman Walker stated that before closing the public hearing he wanted to read
something into the record as there has been a great deal of discussion on this item.
Walker stated this is Ordinance 14.20.321, Bed & Breakfast establishments, under A,
"It is the intent, of this chapter to permit bed and breakfast establishments by
conditional use which is compatible with other permitted uses with the residential
character of a neighborhood and which is clearly secondary or incidental to the
residential use of the main building. Under B, Provided that these establishments shall
be owner operated, not more than one person outside of the family shall be employed in
the bed and breakfast, rent out no more than 30 percent of total floor area, have
adequate off street parking for owner and all guests and shall meet all other
requirements as set forth by the Planning & Zoning Commission as set forth at the time
of the public hearing. Item C is, "The bed and breakfast establishment must meet all
area height and setback requirements of the zones of which they are allowed according
to the Land Use Table."
Walker noted that this may allay some of the concerns as to how much room may be
used on this item, only 30 percent of this specific building may be used under this
permit. Walker asked if there were any other comments from the general public.
Public Hearing Closed.
Mahurin stated she would like to ask Mr. Moyer, nothing he had originally sounded like
he wanted 50 percent of the house to be used, if with the 30 percent he still wished to
proceed with the permit. Moyer responded yes adding that would be two bedrooms out
of three and asked if that would allow use of bathrooms. Chairman Walker advised
that includes the total square footage of the dwelling. Moyer asked if they were saying
that would be two bedrooms and a bath and they wouldn't have access to the kitchen,
living room, etc. Walker stated the Commission doesn't draw the line on where they
would or would not have access. Walker added they are allowed to rent out 30 percent.
Mahurin clarified that is of the total square footage of the building. Mahurin asked if
they intend to keep the entrance to the home coming off of Float Plane Road. Moyer
confirmed this..
Goecke stated that in reference to the traffic only coming in off of Float Plane Road,
that the Commission cannot control that traffic flow. Goecke noted this information is
per the memo from the 13uilding Official in the packet. Goecke stated the traffic issue
was a moot point.
Planning & Zoning Commission Page 11
Minutes May 22, 1996
Chairman Walker asked for roll on Bed & Breakfast only.
VOTE:
MAHURIN )'ES BRYSON YES
WERNER-QUADE YES GOECKE YES
BOOTH YES WALKER YES
UNANIMOUS.
Chairman Walker noted the item passed as a bed and breakfast only.
b. PZ96-40—Conditional Use Permit —Tract A, Inlet View Subdivision, a
Resubdivision of'Tract A
MAHURIN MOVED TO APPROVE PZ96-40. MOTION SECONDED BY
WERNER-QUADE.
Walker asked for any additional staff comments. La Shot stated nothing additional.
Walker noted the additional packet provided to the Commission.
Public Hearing Opened.
Michael Christian—C°hristian noted there were a large number of people in the
audience who may not be aware of what this is.
Walker asked if there was anyone in the audience representing this item.
Nate Kiel —Kiel advised he was the applicant for the CUP. Kiel advised the purpose
for the permit would be to erect a cellular site on Tract Al. Kiel stated he was
approached a month or so ago by the people at Mactel who are interested in putting a
70 to 75 foot monopod cell tower somewhere in the central city area. Kiel stated his
initial reaction was that; he was skeptical. After looking it over and investigating it,
Kiel stated he decided to apply for the CUP. Kiel stated the area adjoins Tract A2
which Kiel stated belongs to him and is where his home is. Tract Al is off Lawton
Drive. The land next to Tract Al, Tract B is zoned conservation which would be a
principle use for something like this. Kiel stated his initial skepticism was because he
wasn't sure what the tower entailed. Kiel noted he has a nice, rural country setting
where his home is. It is fairly secluded. Kiel stated he didn't want to cut down a bunch
of trees and have a big, ugly tower to look at. Kiel stated that after examining things,
and looking at pictures of other sites, reading the literature, and visiting with their
engineer, Kiel stated hE! is convinced that it wouldn't be an obtrusive structure at all.
Kiel stated it is a monopod type tower and wouldn't have guide wires or require that the
Planning & Zoning Commission Page 12
Minutes May 22, 1996
lot be clear cut. Kiel stated the lot itself is 200 feet off Lawton Drive. Kiel stated his
home is another 180 feet: deep so to the back edge of the Rogers Road neighborhood, it is
379 feet or something like that. There are lots of trees. Kiel stated he has spoken
personally with several folks, notably all four adjoining property owners. Kiel stated
Mr. Bailey adjoins his property and he has spoken with him as well as the other owners
on the side of his lot A2. Kiel stated that before he did anything he wanted to talk to
people personally and to see their reaction and to explain what it entailed. Kiel stated
it is a 75 foot tower. Kiel stated there are several trees in the 55 to 60 foot range all
over those two lots. Kiel stated there is a buffer between Lawton Drive. Kiel
commented he has big beautiful spruce and huge birch trees which would help buffer
the cell site from Lawton Drive. Kiel stated he also has at least 100 feet of buffer zone
between his home and where the cell site would be loaded with trees. On the other side
of the house there is 80 feet or so between the back side of the Rogers Road
neighborhood and that is all trees. Kiel stated he has no intention of clear cutting the
trees and that was one of the first thing he told the engineers. Kiel stated that is the
proposal.
Questions from audience:
Where is this in relation to the golf course and Wooded Glen Court?
Kiel stated if you turn at 7-11 on Walker Lane and take an immediate left down
Lawton toward Rogers Road and the high school, you pass the Baptist Church on the
right. Just past that is a gully with city lift station, also on the left between the
highway and Lawton Drive it is completely wiped out where the city allowed the road
builders to use as a facib.ty. Kiel stated that just past the gully there are a few gravel
driveways, it is the first gravel driveway on the right is the property in question.
Are you leasing this land?
Kiel stated at this point nothing is leased and there isn't even an agreement.
Would you be paid for use?
Kiel stated he would be paid if an agreement is reached. Kiel stated he will be leasing
the land to Mactel.
Do you have any family :relationship with Mactel?
Kiel stated none at all.
It is strictly business?
Planning & Zoning Comrnission Page 13
Minutes May 22, 1996
Kiel stated he has never met them and they approached him looking for a site.
Is there any strategic reason for positioning this at that location?
Kiel stated they are looking for the strongest signals. Kiel stated they haven't even
talked specifics or dollars. Kiel stated there is one natural clearing and doesn't want to
cut down any more trees than are necessary. Kiel stated he has been assured that
whenever they pull out, they take everything with them. Kiel stated the lot in question
is over a half acre.
Does this cause interference with t.v.'s in the neighborhood?
Kiel stated they had told him it wouldn't but he would let them answer that question.
How large of a gravel pad would they need?
Kiel stated the gravel pad on the initial map they put down a 40 by 40 foot gravel pad.
Kiel stated this is one are he plans to talk to them about because he doesn't want it to
be that big. Kiel stated it wouldn't be larger than what a home would take up.
Do they put in a separate road to the site?
Kiel stated they would turn off his driveway which goes down to the end of the lot line,
across his half acre, and they would turn in and it would be a short drive of 40 to 50 feet
in.
Chance Blemer—Stated he is with Mactel Cellular. Blemer stated he wanted to
answer a couple questions. Blemer noted that one of their cell sites is between Kenai
and Soldotna at Site 17. Blemer stated they don't have the density coverage that they
need for the Kenai/Soldotna area. This site would be strategically located stating they
had drawn a circle on a map and they need to be somewhere in this area. Blemer
advised he had. met Kiel at the high school when attempting to locate people to contact
to try to find a location. Blemer stated he had spoken with Kiel who had advised he
had property in the area.. Blemer stated it is a 75 foot monopole and it stands by itself.
Blemer stated it looks like a street pole and it is galvanized in color. There are no guide
lines and does not require a light since it is under 200 feet. Blemer stated he would like
to say that the pictures i hat were provided are deceiving. Blemer stated that is a
picture of a site outside of Anchorage in the middle of a construction gravel pit. The
tower and building look like what is proposed but they have assured Kiel that they will
cut as few trees as possible. Blemer stated they want to do this for: 1. Better coverage
for Alactel to support tht? fishing industry on the lower side of the bluff; 2. To better
support the downtown shopping areas; 3. For tourism; and 4. For safety reasons.
Blemer stated there is a document out by the federal government called an OST 65 but
Planning & Zoning Commission Page 14
Minutes May 22, 1996
added he was unable to get a copy for the meeting. Blemer noted it states that there is
no harm by radiation. They are rated by power by certain calculations and factors.
Blemer commented that there would be 50 times more power off an FM broadcasting
than this site.
Questions from the audience:
What range does this cover, square mile area?
Blemer stated that right; now the coverage off of cell site 17 you can actually make a
phone call from outside the parking lot. Blemer stated they are trying to increase
density because of buildings and concrete walls, even trees will cause density. Coverage
is unpredictable but he would say between a 10 to 15 mile radius.
The actual location could be within a few hundred yards or a half mile, plus or minus?
Blemer stated it could be.
Any particular reason you selected this site?
Blemer stated he didn't have a lot of contacts in the area and meeting Kiel at the high
school and Kiel stating that he had a lot.
Did you check with any c-ommercial people in the area?
Blemer stated HEA has entertained the thought of allowing them to build on their
property behind the Jeep Eagle dealership. Blemer stated that HEA cannot guarantee
that within the next year and a half when they start developing that area that they
would not have to relocate the cell site. Mactel is probably investing a quarter of a
million dollars for this installation and they need a five to ten year guarantee. Blemer
commented that they are here to stay and are not here to make fast money.
Comment from audience stating they live in the Inlet View Subdivision and it appears
to them that this is a commercial venture that belongs in a commercial area and not in
a residential area. Thatis why he was trying to clarify the location and to see if it
couldn't be at the high school itself.
Blemer stated he is not :Isom the area and used the contact with Kiel to propose this
site.
Comment from audience that Mactel advertises they are a local company and noted
that Blemer is not. Blemer responded he has been here since October living out of
Anchorage but Kenai is his responsibility.
Planning & Zoning Commission Page 15
Minutes May 22, 1996
Is this the type of device that could be put on top of a tall building. Blemer stated if
there was one tall enough and the support structure was tall enough. Blemer noted
that most of the cell sites in Anchorage are installed like that. How tall does the
building have to be. Blemer stated they are looking for about 75 feet to provide the
coverage and to overlook: down the bluff.
Mahurin, noting her questions are from ignorance, asked if this interferes with
televisions, c.b..s, pace makers, fillings in teeth? Blemer asked if she had ever used a
phone and if it has ever bothered her. Blemer stated that is one of the things that the
OST 65 will answer. Mahurin stated she if feeling uncomfortable since none of them
know enough about it, she is not sure she knows enough to vote yes or no. Mahurin
added that perhaps reading something like that could help them to understand a little
more of what this is before they voted on it. Blemer stated what he could relate is that
right across the back area where it looks like a couple of satellite dishes, etc., this
particular location will put out around 250 watts. Blemer stated most broadcast
stations and high powered ham gear are putting out 15,000 to 50,000 KW watts of
power. Blemer noted that is the difference in power.
Ron Hansen —Hansen .stated he lives in Inlet View Subdivision and presented a letter
from Betsy Arbelovsky. Hansen noted she had been one of the property owners
contacted. Hansen stated he had just been notified two days ago about this. Hansen
stated he is in agreement with Mr. Rich that they ought to try to keep subdivisions
residential and keep commercial ventures in their zone. Hansen stated he has lived
there in Inlet View 16 years and has watched it grow. Hansen said it is a quiet
subdivision and would hate to see it turn commercial. Hansen stated he is against the
zoning change.
Lewis Rich —Rich advised the Commission had heard some of his questions. Rich
reiterated stating he feels this is a commercial venture and belongs in a commercial
zone. Rich stated he has been in the area for 7 years and has grown to like that
neighborhood. Rich stated after listening to Mactel he didn't feel that they had really
done their homework in the situation and explored opportunities in the commercial
area. Rich stated if this is a paid for plot of land there ought to be people who have land
on the Spur Highway that might be willing to lease property to Mactel. Rich stated he
felt that they ought to explore further rather than select a site based upon a casual
acquaintance. Rich stated it is encroaching on them. Rich advised they had looked at
the trees and did not have time to measure them but as Mrs. Arbelovsky stated in her
letter, they are never sure when the trees will disappear. This could be through spruce
beetle kill, etc. Rich reiterated that he felt it should be in a commercial zone.
Dianna Alvey—Alvey advised she is the local manager of Mactel. Alvey stated that
their engineer is from Anchorage but all of Mactel people have been hired locally and
Planning & Zoning Commission
Minutes
Page 16
May 22, 1996
live here noting she has lived here 14 years. Alvey stated they are concerned with the
community and has explored a lot of different avenues before Blemer got involved.
Alvey advised that a lot of areas that they have looked at haven't worked out. Alvey
stated this site looked life it might work out with the land owner wanting to do it.
Alvey stated the cellular is very clean, there isn't a lot of traffic. Alvey stated they need
to have better coverage :i.n the area and this has been brought to their attention by the
fire department, police dlepartments, and state troopers. Alvey noted they are trying to
remedy the problem.
Bryson asked how mane competing companies work the same area. Alvey advised two
cellular companies are allowed in each area. One is owned by the local telephone
company and the other is free enterprise and awarded through a lottery. Bryson noted
that a few weeks ago in the news it was reported that waves from the phone itself was
affecting pace makers..:Uvey stated that most of the phones today are made under very
strict rules and regulations. Alvey stated that some that are cheaper and don't adhere
to the codes in place mi€rht do that. Alvey stated that all the phones that they sell are
very high quality phone:. Blemer stated that she hasn't heard of it personally (unclear
as speaking from audience.) Someone in the audience stated they had heard it and that
certain type of pace makers can be affected if you were to wear you r phone in your
breast pocket and it wa::, to ring, it could cause a disturbance.
Lady in audience stated she had a pace maker and it takes a huge magnet to make it
act up noting that she has to put on it every two months to transmit over the phone to
see if the battery is good or not. She added that she didn't think cell phones had big
enough magnets in them unless placed directly over the pace maker.
Nate Kiel —Kiel stated he wanted to clarify that he had contacted all of the adjoining
property owners including the only property owner he thinks will be able to see this
thing. That is Mr. Bailey who owns the four to five acres adjacent to his land. Kiel
stated there will be a buffer zone even between his property. Bailey advised he
wouldn't contest, nor were the other three. Kiel stated his new home adjoins that
property and the last thing that he wants to do is lower the value of that property and
home. Kiel stated he will be very aware of how this is placed and not cutting down
trees. Finally, Kiel stated he realized that it is residential but if you have driven by
and looked at the lot, it borders the conservation land, the lift station is right there,
heavy duty equipment is right across the street adding there are so many trees there he
doesn't see this as being obtrusive. Kiel stated he had walked throughout Norman
Street and had visited with people even the one who wrote the letter. Kiel stated he
had been asked to have a meeting and the meeting never happened but he had been
there. Kiel stated he didn't see that an antenna that was going to stick up 10 to 15 feet
above that tree line over a football field and a half length away from those homes on the
right side of Norman Street how they will see the antenna.
Planning & Zoning Commission Page 17
Minutes May 22, 1996
Walker asked how far away from Inlet View Subdivision he was located. Kiel stated it
would be something like+ a football field length from the back side of the homes on
Susieanna Lane. Kiel stated from Norman Street it would even be further.
Mr. Rich from the audience stated he would like to rebut noting the further away the
higher the probability you have of seeing the structure. Rich stated they didn't
measure the trees but they could but 50 feet high which will put that antenna about 25
feet higher than those trees. Rich stated this is a commercial venture with an
electronic device and he doesn't think it belongs in this area. Rich stated he lives two
houses down from Mrs..Arbelovsky and thinks they have a good opportunity to see this
thing.
Public Hearing Closed.
MAHURIN MOVED TO POSTPONE THIS ITEM TO THE NEXT MEETING
WHEN IT COULD BE READVERTISED AS A PUBLIC HEARING FOR MORE
OF THE PEOPLE IN THE AREA. MAHURIN ADDED THAT ON A PERSONAL
LEVEL SHE WOULD LIKE MORE TIME TO STUDY WHAT SHE IS VOTING
ON.
CHAIRMAN WALKER ADVISED THIS IS A NONDEBATABLE MOTION.
WALKER ASKED IF ,rHER.E WAS A SECOND TO THE MOTION. NO SECOND,
AMENDMENT DIES.
Walker asked for further discussion.
Mahurin stated she is concerned that she does not feel knowledgeable enough to vote on
the issue. Mahurin stated she would like to know more about it adding that she knows
Mr. Kiel and respects his opinion and believe him fully when he says what will happen
with the trees. Mahurin stated that Mrs. Arbelovsky mentioned in her letter that there
are many more people who would like to testify but because of high school graduation
tonight they are not able to attend. Mahurin stated if they have to vote on this tonight,
she will have to vote no for many reasons where it may be a positive thing. Mahurin
added that since there was no second to her motion she doesn't feel she has a choice.
Goecke stated he felt part of this could be cleared up by asking the secretary how many
of the notifications were! received back from the registered letters. Goecke stated he got
his notice, noting he owns property in the area, a minimum ten days ago, almost two
weeks ago. Goecke stated he was sure he was not the only one who had sent back and
signed for their registered letter.
Kebschull advised she would have to take a recess and pull the file to give an exact
number. Goecke stated he didn't feel that it was that important but asked if everyone
Planning & Zoning Commission Page 18
Minutes May 22, 1996
who was sent a letter to did in fact receive that letter. Kebschull advised that is correct.
Kebschull added that everyone within 300 fee were notified.
Bryson stated that he folt that trees typically average around between 40 and 60 feet in
virtually the whole area. Bryson stated he didn't feel from a distance this will be much
more of an obtrusive situation than an antenna on top of a two story building in an area
that is nominally cleared of trees along the road. Bryson stated he feels in the long run
there will probably be 15 feet of this antenna visible above the trees. Bryson stated
that it will be more visible the further you get away from it but conversely the closer
you are the less you see it.
Werner-Quade commented that she lives in the area and knows Lawton well. Werner-
Quade stated she knows where Kiel lives but doesn't know him personally. Werner-
Quade stated she sees this as a business venture on his part, maybe he wants to make a
little money without having to put in a duplex or an R.V. park. It is his property and he
has decided to put, in her opinion, a non -obtrusive structure. He will retain the trees.
He lives behind the structure and it is a drop off bluff area. Werner-Quade stated it
might impact a few but she doesn't think the impact will be great in that area. Werner-
Quade stated she would support the CUP.
VOTE:
BRYSON YES
GOECKE YES
MAHURIN NO
PASSED 5 TO 1.
Recess from 8.35 to 8:48 p.m.
WERNER-QUADE
BOOTH
WALKER
c. PZ96-41—Creation of a Prime Residential Zone
YES
YES
YES
GOECKE RECOMMENDED APPROVAL OF PZ96-41, CREATION OF A PRIME
RESIDENTIAL ZONE. MOTION SECONDED BY MAHURIN.
Public Hearing Opened.
Michael Christian—(:',hristian stated that they would like to have each individual
item discussed rather than as a package so that they can come up with something that
is acceptable to everyone.
Kristine Schmidt —Schmidt stated she thought that the people that were before the
Commission on the last: two items are a good reason why you should support a prime
Planning & Zoning Commission Page 19
Minutes May 22, 1996
residential zone. Schmidt stated that one of the things about this zone that will be
useful if it is adopted is that you won't have to be dealing with waking up one morning
with a notice in the mail. that ten days from now there will be an R.V. park next door or
a 50 lot subdivision, or a radio tower. There would be no conditional uses in a prime
residential zone. Schmidt stated she hoped that they would accept the zone as they
were talking about it in the work session. Schmidt stated she is not clear where the
Commission is and would appreciate it if someone would advise her of the status of the
zone. At the last work session Schmidt attended she stated that the Commission
appeared to be favoring a zone with some limitations as far as no conditional use and a
larger lot size about 12,000 or so. Schmidt stated they don't get copies of the packets.
Lastly, Schmidt stated that she thought if they were going to have planning and zoning
in the city they need to have every tool available at their disposal. Schmidt stated they
came here a year ago to protest Richka Park Estates Subdivision and were told that
the city couldn't restrict the subdivision to single family residents because the city
doesn't have that zone. .Schmidt stated that after a lot of work from the people in their
subdivision they came back with a zone. Schmidt stated these zones could be used as
negotiating tools with developers. Schmidt stated that she felt that was common
knowledge that they could tell a developer they wouldn't accept a development as it is
but is you come back with this zoning they might accept it. Schmidt stated she felt thev
should look at this as the best negotiating tool that they have with developers. Schmidt
stated if they didn't like the fact they were proposing a gravel road and onsite septic you
could vote it down and tell them if they come back with a prime residential zone you'll
accept it. Schmidt stated she didn't know why the Commission would not want to have
this kind of tool for now ,and for the future. Schmidt stated that the course of events in
this borough are changing and people are not interested in the high intensity
development as in the past. Cooper Landing has voted to put buffer areas in their area
and restrict commercial ,activity, the borough is discussing limitations on gravel pits
and requiring buffer areas around them. Schmidt stated she thought the trend is that
people will be advocating, more for a higher quality of life rather than allowing "willy
nilly" kind of development around town. Schmidt urged the commission to accept a
more restrictive residential zone. Schmidt stated they would love to put this residential
zone on Woodland Subdivision is they could convince their neighbors. Schmidt added
there is no limitation on multi -family housing even in their subdivision. Schmidt urged
the Commission to vote in favor of the residential zone and not to water it down.
Schmidt stated if they were going to water it down and let a lot of conditional uses in,
just vote it down and let them put an initiative on the ballot. Schmidt asked the
Commission not to water it down anymore.
Chairman Walker advised Schmidt he would like to address a couple questions. Walker
stated there are some condition uses listed in this zone those being for churches,
elementary schools, libraries, parks and rec, daycare centers. Walker noted those are
the permits that are currently listed in the proposed resolution. Walker stated that in
Woodland Subdivision there are multi -family dwellings and except for under a
Planning & Zoning Commission Page 20
Minutes May 22, 1996
grandfather clause qualify. Walker asked if Schmidt had any areas of town that she
would like to see zoned in this particular zone or do you know of any developers that are
desirous of this particular zone. Walker stated you cannot simply zone someone else's
property.
Schmidt stated you could and that is where the comprehensive plan comes from.
Schmidt stated you have to start somewhere and you can put zones on or overlay zones
on such as the KPB just: did. Schmidt stated she knew it was true that it probably
would not be popular and some of the developers in the area would not be in favor of it.
Schmidt continued that some of them their practice is to build as cheap and as fastest
as possible. Schmidt stated she would like to remind them that the developer who put
in Woodland, at least parts one and two, had something a little bit more of quality in
mind. Schmidt stated that if this zone had been available then she believed they would
have used it. Schmidt stated that while you say you can't impose the zone, you can use
it as a negotiating tool. Schmidt continued saying she didn't know why they wouldn't
want to have such a tool available. Schmidt stated she didn't see why having this on
the books would be a negative thing noting you can tell a developer that they don't like
what they have but here is a good zone that if used you would consider. Schmidt stated
that Mr. La Shot spoke a couple meetings ago advising he had told a developer who had
been turned down is that if he would pave the roads and have city water and sewer that
his subdivision would probably go through. Schmidt stated there is a negotiating
process going on and believes this zone could be used for this as well as developers who
would like a better quality of subdivision. Schmidt stated she would be opposed to
daycare centers as a conditional use noting she didn't see a problem with the rest of
those Walker had listed.
Bryson stated he was getting a mixed message noting that Schmidt had indicated she
didn't want them to modify the zone and then that you would like it to apply to
Woodland Subdivision. Schmidt responded she was not sure where they were at with
the zone noting that she! doesn't have a current version of what they are looking at.
Schmidt stated she is speaking from ignorance and doesn't know what the lot size is
that is being proposed. Bryson stated the numbers are as was originally proposed.
Schmidt stated she didn't know what those were. Bryson stated 15,000 square foot lot
which would virtually eliminate all of Woodland Subdivision noting it wouldn't matter
if it was in the original portion or not. Schmidt stated she wasn't aware of that
commenting that the last meeting she attended the Commission was also looking at the
possibility of splitting the zone into smaller lot sizes. Schmidt stated that a lot of lots
are larger. Schmidt stated they would like the opportunity to have such a zone.
Schmidt stated they have not been able to obtain a current copy of the zone. Schmidt
stated she understood that the Commission was considering taking this zone and
adding some of the requirements of it to already existing zones. Schmidt asked if that
was in front of the Commission as an amendment. Walker advised not at this time.
Planning & Zoning Commission Page 21
Minutes May 22, 1996
Bryson asked for clarification on preference for lot size; is it your intent that Woodland
Subdivision generally conform to the requirement the Commission adopts. Schmidt
stated her personal preference is to have this zone split in two with a larger lot size and
a smaller lot size for already existing subdivisions who wanted to come in under that
zone. Schmidt reiterated she didn't know where they were at tonight.
Bobbie Oskolkoff—Stated that when you put a zone in like this in an existing area
some people may have bought split level homes thinking that as they got older in their
retirement they would convert it to a duplex. Oskolkoff said she had heard people say
they were going to do that for income when they were older. Oskolkoff stated she felt
new subdivisions were fine but telling somebody you can't have a duplex if they bought
the property when there was no restriction is wrong. Oskolkoff stated she felt there
was a limit to how many restrictions you restrict people to. Oskolkoff stated she felt
duplexes look like homes and wouldn't be opposed to a duplex next door to her as long
as it was built up to a certain standard. Oskolkoff reiterated she didn't think they
should be restricting preexisting areas.
Leon Quesnel—Stated. he felt the restrictions are quite tight and some of them may
need to be opened up. Quesnel stated that as far as present homes are concerned, not
necessarily Woodland, but for other subdivisions within the city or proposed
subdivisions need some restrictions on them rather than let anyone build any sort of
houses that they wish. Quesnel stated if you want to keep the integrity of the city to
the point where people avant to live here you want to keep the city a place where you
want to keep on living and are proud to live in. Stated he felt certain restrictions
should be put on buildings out there and build a building that looks like a home as
opposed to any rectangular block building as the neighborhood across the waters.
Quesnel stated he felt this zone had a lot to say for it and he would request the
Commission give it serious consideration.
Goecke commented that; where Quesnel resides is one of the earlier Woodland homes.
Quesnel stated he had to wait for it to be completed to move in in 1968. Goecke asked if
he knew how large his lot size is. Quesnel stated he didn't know but added it is on a
corner. Goecke asked how long he had lived there stating that with Quesnel being one
of the early residents of Woodland and that the lot size seems to be a basic stumbling
block. Goecke stated he thought it would be helpful if they knew what the original lot
sizes were. Quesnel stated it is one of the larger ones as it is one of the first homes
built.
Mr. Christian stated they had done a survey and part one, the first development, they
counted 113 lots. The majority of those, 54% were over 13,000 square feet; all of them
were over 11,000. Christian stated the original plan was to have the larger size lots.
Planning & Zoning Commission Page 22
Minutes May 22, 1996
Bryson stated along the same line that the lot configurations are highly dependent on
where they are in the subdivision. Bryson stated there were several situations in the
first addition that included an area that was platted for multi -family, a long stretch of
road that had double frontage on Forest Drive and the interior road and those lots were
higher, and it went over to the other side where there was bluff and had a curving road
and they felt they weren't going to be able to develop them so they made the lots larger.
Bryson stated it is correct to say the median lot in the first addition was 12-14,000
square feet. Quesnel stated he would agree adding his is a corner lot. Quesnel asked
them to take into consideration the type of subdivision that is allowed to be built
alongside of the better subdivision. In other words, not allowing pig pens alongside
adding he didn't like pig pens.
Raphael Moore —Stated he was talking to somebody the other day about Clint Hall
who works for Clint Ha11 and told him Hall could buy anything he wants.
Chairman Walker advised Moore to address comments to the item being discussed and
that is the creation of a prime residential zone.
Public Hearing Closed.
Bryson stated he has a series of concerns regarding the proposed ordinance. First, an
area that has the potential of being referred to as prime residential, Section 36 between
the Spur Highway and the bluff was broken into four large tracts. Those tracts were
sold by the city. The city had specific development requirements concerning the roads.
They were required to put in water and sewer, paved roads of specified widths,
sidewalk, curb and gutter, and lighting. Bryson stated that to date, this being at least
ten years later, several of the people who bought the property have turned the property
back to the city. There has been absolutely zero work there and the reason is because
there is zero market for that type development. Bryson added that may not be the case
next year but it has been the case the last ten years. As far as developing access, water
and sewer, etc. it parallels this situation. Bryson stated his comment was that
developers now plat to whatever size they wish larger than the minimum. Bryson
stated that he worries about the proposed numbers which are proposed as absolute
minimums. Unless you are going to put in rectangular lots, you don't come up with
minimums. You have waste property. Bryson stated if you have a minimum for a lot to
make things work out, A usually ends up being bigger than that and that cost is
transferred to the people that would buy the property. Bryson stated there is an RS2
zone that allows single family and duplex residences. It has been in effect for ten years;
there has been no interest in petitioning to be included in this zone. Bryson stated that
by no he means zero. 1\ o one has requested to be in that zone at all. This is the type
zone that would have provided some protection to people in Woodland from multi-plexes
other than the covenant, situation. Bryson reiterated there has never been any interest
in it. Bryson stated these are the things he would use to argue against the proposed
Planning & Zoning Commission Page 23
Minutes May 22, 1996
ordinance. Bryson stated he doesn't feel that developers feel they can market a zone
like this.
Goecke commented that Section 36 properties was sold in the early 80's and in the mid-
80's when the economy Nvhen south is when everything fell by the wayside. Goecke
stated he thinks one person in particular would have done something with his had the
economy not gone south.. At about the same time the Inlet Woods fiasco happened.
Goecke stated his original and main support for the RP zone is the fact that it is there if
somebody wants it they don't have to go and throw a bunch of covenants at it. Goecke
stated covenants are only as good as people who are living there at the time. The zone
would take care of things and covenants would not be needed. Goecke are we talking
about letting Woodland rezone themselves into this RP zone, Goecke stated that would
be up to the residents of Woodland. Goecke stated that Mr. Bryson is probably right
that nobody right now is going to come out and ask for ultra tight restrictions if they
are making a very large subdivision. Goecke stated he thinks there is the capability
and hopefully in the near future of some smaller developer coming in and saying Kenai
is where I want to make my stand. Goecke stated that is his reason for support of this.
Mahurin stated current unemployment is 17 plus percent, school enrollment is down
district wide. However, because the economy seems to be at a stalemate right now does
not mean we don't have an opportunity to plan for the future. Mahurin stated she
thought it would be very helpful if they had an opportunity to have a progressive
thought to plan for future to plan for a subdivision like this. Mahurin stated this is
their opportunity but this doesn't mean I support going into neighborhoods or making
them conform or rezoning. Mahurin stated that is a different issue. Mahurin stated
she supports the concept. of this zone as written and will vote it. That doesn't mean she
supports going back in and rezoning the current subdivisions.
Werner-Quade stated she has a question about the lot size as Bryson stated and that
for the developer it can create a lot of waste or unusable portions. Werner-Quade asked
if that is what she is hearing.
Bryson stated the RS2 zone has a minimum of 7200 square feet and requires a lot width
of 60 feet. Bryson noted. the normal lot platted is normally in the 10 to 12,000 square
feet size and probably iri. the range of 75 feet wide. Bryson stated they are not platting
lots at the minimum size. Part of this is because if that is the minimum you work with
you will end up with a certain block that you can only squeeze five lots out of it.
Werner-Quade stated this has been her only area of concern, that being the 15,000
square feet. Werner-Quade stated that even though she will support the RP zone she
would really be supportive of maybe smaller minimum lot size adding that she thought
the Christians had said they would be willing to discuss this. Werner-Quade noted that
even Mr. Quesnel had state his lot size was about 11,000 to 13,000. Werner-Quade
Planning & Zoning Commission Page 24
Minutes May 22, 1996
asked if they could work. with the figure and get it cut down some so it will be more
attractive at the onset to these potential developers. Werner-Quade stated this would
make her feel good about supporting this. Werner-Quade stated she concurs with Ms.
Mahurin's statement that rezoning is a separate issue.
Bryson stated the area he supports of the ordinance is limiting some areas to single
family only. The lot areas are way out of line and feels this best use for this ordinance
would be one that is created so that Redoubt Terrace and Woodland and subdivisions
developed to that level improvements can adopt it.
Walker stated he would like to make a couple comments. Walker stated he has heard
that they have an opportunity to create a zone. Walker stated the concern with this
opportunity is that they are creating legislation that he truly believes will not be used
by any developer in this community as there is absolutely nothing in the laws of this
city or the ordinances of this city that prevents a developer from putting in exactly what
you are asking for except for economics. Walker added that if there were that many
people who truly wanted this type of subdivision, he believed they would in fact have
this type of subdivision. Walker stated some of these requirements as far as lot sizes
are similar to what is seen in VIP. Walker stated that VIP is a very nice subdivision
adding that he doesn't happen to live there but they have large lots and many beautiful
homes. Walker stated he doesn't see anything in the ordinances against duplexes and it
doesn't seem to be an is:»ue from VIP. Walker stated they had also heard about overlay
districts. Walker stated he does not now, nor will he ever, support an overlay district
that restrict current land uses and that includes the borough's proposed and past
ordinance on the Kenai River Overlay District. Walker added that is a very different
issue in it's entirety and. the city has not accepted it as yet. Walker stated he also
believes that he believes that if they try to pass this type of an overlay district onto
other property owners that have not requested this type of zoning that this would
constitute a taking and they would have legal recourse. Walker stated as far as lot
sizing, they are showing 15,000 square feet proposed in the draft ordinance. Walker
stated if they were to truly have an upscale, upbeat neighborhood, he would think an
acre would be a good minimum lot size. Walker stated in the lower forty-eight, you will
have two to five acres and sometimes more, definitely bigger than 15,000 square feet.
Finally, RS2 is still unused noting it has been 10 years. Walker added there is also the
recreational zone that has been on the books many, many years and they have not been
used. Walker :Mated as such, he does not favor creating another piece of legislation that
in fact will come to no purpose. Walker stated if a developer was to come in and say
they would like to have this zone created and has a piece of property to put in the zone,
Walker stated he would have absolutely no concern. Walker stated they have been
discussing this item off .and on for nearly a year and he has not heard one developer
come in and ask for more restrictive zoning and until that time he has a concern
creating more legislation.
Planning & Zoning Commission Page 25
Minutes May 22, 1996
VOTE:
WERNER-QUADE YES
BOOTH YES
BRYSON NO
MOTION PASSED 4-2.
GOECKE YES
MAHURIN YES
WALKER NO
Chairman Walker advised this will be sent to council and they will address is as far as
introducing an ordinance. Walker thanked the public for coming and testifying.
7. NEW BUSINESS:
8. OLD BUSINESS:
a. Richka Park Purchase or Trade
Mahurin stated that her intent was not to make any motions adding that she knew that
Werner-Quade attended. the Airport Commission meeting last week and was hoping she
could share with the Commission. Mahurin asked when the Airport Commission would
meet again and is this on their agenda so they could have a time frame to know what
they are looking at for the airport buffer zone.
Werner-Quade stated she did not know when the next meeting was but they did agree
to put it on their agenda for discussion. Werner-Quade added there was just a quorum
added that the Christians had been there and she had attended as a member of the
public. Werner-Quade noted that she lives on the opposite side of the airport and has
concerns of her own regarding buffer and that she had previously served on the Airport
Commission. Werner-Quade stated it came as quite a surprise that people were there
and didn't understand what was being discussed. Werner-Quade added that the
audience was divided on. the issue. Half of the people were speaking to the Clint Hall
subdivision in Richka Park and the other half speaking to something of a proposed
buffer zone. The Airport Commission is in the process of doing a master plan for the
airport but they agreed to look at the possibility for a buffer zone. Werner-Quade stated
it is her personal feeling; that they were generally defensive and felt that it wasn't a
needed thing. Werner-Quade added that was a personal feeling and perhaps the
Christians had different: feelings. Werner-Quade stated that she had presented a
Clarion article from 1994 talking about a 737 that took off one morning and a map
which was the only map, from a couple years ago. Werner-Quade talked about the
wording in the Comp Plan about growth at the airport. Werner-Quade stated she had
also read out of the Anchorage Comp Plan and again read a portion about the need to
develop short-range implementation projects and programs to implement the long-
range recommendations of the plan. Werner-Quade stated she sees this as why not start
now. Werner-Quade stated she had said that any recommendations to council that can
Planning & Zoning Commission Page 26
Minutes May 22, 1996
be made, let's try to do it. Werner-Quade commented that everyone was saying that
there is no money. Werner-Quade passed her map around showing her concern for the
other side of the airport. Werner-Quade noted she feels a buffer strip needs to go all the
way to McCollum Drive commenting that you won't want to put a Challenger Learning
Center into a clear cut area and a potential buffer might be needed for any kind of
expansion that would be going up Marathon Road. Werner-Quade stated this is what
the borough recently did when they reclassified land. Werner-Quade stated she had
gotten a paper from the Airport Commission on the float plane facility and added that it
appeared to her that they felt there wasn't any noise. They justified that by saying
these are the FAA standards and if the FAA says there is no noise, there is no noise.
Werner-Quade stated that is how she heard it but stated that the reality is that the
noise and low -flying aircraft exist. Werner-Quade added she had brought the paper
about obtaining property for public use to the Airport Commission noting it was clear
that the property would. be for a buffer, that being the public use. Werner-Quade
commented that the Acting Airport Manager Holland had said that if you don't can and
complain they don't know it is happening. Werner-Quade stated that the public had
said they would call and report it. Werner-Quade added that he had brought up a good
point that the FAA holds the reigns on the low flying aircraft. Werner-Quade reiterated
that there had been a mixed bag of complaints at the meeting.
Mahurin asked when the next Airport Commission meeting was and was advised of the
date. Mahurin asked if this would be on the agenda and Werner-Quade stated that was
what she had heard. Mahurin asked if the motion she made at the last meeting will
continue to after that meeting. Mahurin asked her question was with procedure noting
that since they don't have a report from the Airport Commission, do you consider this a
continuance to the June 6th meeting and then could it be on the P&Z agenda? Walker
stated he felt that could. be done easily by unanimous consent, is anyone opposed to
that. Bryson stated he would abstain.
Chairman Walker advised to place this on the June 12th agenda under Old
Business.
Smalley advised with regard to FAA, they control the height and the take -off patterns
from the arrival and departure at the Kenai Airport. There are specific altitudes that
aircraft are required to fly. When they are below those altitudes or outside of a pattern,
it is up to the tower to report those planes by number, pilot, etc. and that does take
place. Smalley stated as far as the noise level, what an individual in one's home
determines to be a noise level that is intolerable is probably different than what the
FAA who monitors that noise level and uses certain legal decibels as a guideline.
Smalley stated the FAA.. doesn't feel there are sufficient violations to warrant any
changes. There have been lots of complaints. Werner-Quade stated that is correct and
this is important because there can be money from the FAA to purchase property as a
buffer if there is found to be a problem. So far, they have not found a problem.
Planning & Zoning Commission Page 27
Minutes May 22, 1996
Werner-Quade asked the Chairman if they could ask Mr. and Mrs. Christian as to their
perception of the Airport meeting. Christian stated his perception was that they were
very receptive to the idea. (From here tape unclear as Mr. Christian was speaking from
audience.)
Walker stated that most industry standards allow a maximum of 85 decibels at the
property line of continuous noise, not intermittent. Walker stated that the noise from
propellers would be intermittent and the federal regulations may allow a greater
quantity of noise crossing your property line before they consider it a nuisance. Walker
added he thought that at a borough level it had been analyzed for some of the plants in
the North Kenai area. When the sound quantities were measured, it was found they
were within the measures.
9. CODE ENFORCEMENT ITEMS:
a. AAA Taxi
Kebschull advised that La Shot had visited the site and that the vehicles had been
moved.
10. REPORTS:
a. City Council
Smalley reported that a copy of the agenda was in the packet. Smalley stated they had
speakers concerning the use of Leif Hansen Memorial Park to be restricted to small
gatherings and to prohibit the Kenai River Festival from using the facility. It was felt
it would be more appropriate to use the area by the ball park where there are facilities
to accommodate groups, Smalley advised it is up to the Parks and Rec Director and the
City Manager to determine usage. Individuals had reported damage to trees planted
there. Smalley stated the city has conflicts with baseball tournaments which are
already scheduled.
Marion Nelson spoke to the city on two different items; one in support of the festival
using the site and support of the City Manager.
Smalley advised that C l reduced the COLA from 2.7 to 2.0. Smalley advised the rest of
the items passed. Item 4. increased revenues it was a donation and needed to be
appropriated for completion of the feasibility study for the learning center. Smalley
added it is not 286 level. but state of the art. Smalley commented that 286 is above the
space shuttle technology.
Planning & Zoning Commission Page 28
Minutes May 22, 1996
At the next meeting the budget will be introduced. Smalley stated adjustments were
made; several items were removed that had previously been removed in work sessions
but still showed up in the document. Approximately $36 to $40,000 were taken out that
had previously been removed.
Smalley advised that Item 9 was the Alaskan proposal for the aircraft fire fighting
facility which would be placed north of the present facility on Marathon Road. This
would be on the same tract at the Challenger Learning Center. There are nine in the
US and four or five under consideration for construction at approximately $9.7 million
dollars which the airport fund would be accountable for anywhere from $455,000 (the
cost of the land) to $955,000, $500,000 from the airport fund for the funding of the
training facility. The rest is federally funded. Smalley stated this is going well and
there is a lot of support for this facility here. Smalley explained the facility and stated
there would be a potential to bring in funds from Korea, Japan, etc. who may want to
use the facility.
Bryson asked about the Mission Street improvements. Smalley stated there was talk
about attaching funds which cannot be done. Smalley stated it dealt with the ROW and
it remaining in perpetuity and Smalley had questioned if the city could do anything
with perpetuity. Smalley stated the State Highway Dept. wanted an agreement
between the church, state, and the city with a statement stating the ROW would
remain with the city in perpetuity. Smalley stated they will have to knock that
statement out. Bryson asked if the project had been bid. Smalley stated he thought it
had been and was scheduled for construction this summer.
Walker asked if there was a resulting public action from the executive session. Smallev
stated the announcement was to draft a severance agreement to present to Mr.
Manninen at the meeting on June 19th.
b. Borough Plannin€y,
Bryson stated the consent agenda at the May 13th meeting had been approved without
deviation. Item El, Bryson stated dealt with an ordinance requiring permits for certain
land uses within the borough. Bryson stated the borough assembly has drafted an
ordinance controlling the use and reclamation of barrow pits and restrictions on
halfway houses. Bryson advised that the borough planning had stated that public
comment should be provided before taking a position. Because this is an assembly
ordinance, Bryson stated it was probably on their agenda this past Tuesday. Item H1
an ordinance authorizing conveyance of lands was a situation that the borough acquired
property from the University of Alaska to construct K Beach Elementary School.
Bryson stated there was an offer to trade land to rectify the situation. The property
Planning & Zoning Commission Page 29
Minutes May 22, 1996
was a tract of land within the City of Kenai and Bryson stated he thought it was 38
acres with about 2000 feet of bluff frontage behind Eadies. Bryson stated he had
concerns feeling that the property being traded was worth more than the property that
was acquired. Bryson stated he was in the minority and the item passed. Bryson
stated they are battling through with name changes and in particular one difficult one
in the Ridgeway area, Spruce Street. The discussion on that item is continuing and
administration has been requested by the Planning Commission to widen advertising
and include people in the area presently called River Street. Bryson explained that
staff wanted to name everything River and there was some opposition.
c. Administration
Kebschull advised that the zoning map has been reviewed and corrections sent to the
borough. Kebschull noted administration hopes to provide each Commissioner with a
personal copy.
11. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission Page 30
Minutes May 22, 1996
Kristine Schmidt —Stated she appreciates the change from merely posting the agenda
to having it in the newspaper but would ask that it be published in the newspaper at
least a week before the :meeting. Schmidt also asked that some explanation of what the
resolutions are using the borough assembly agenda as an example. Schmidt stated that
for example the ConditilDnal Use Permits and just looking at them you don't have an
idea of what they are about. Schmidt stated she would also that a street description of
where the property is located and not the just the legal description commenting that
most people don't know places by the legal description.
12. INFORMATION ITEMS:
a. KPB Administrative Approval of Hakkinen Estates Subdivision & Sprucewood
Glen Subdivision No. 7
b. Kenai River Special Management Area Advisor Board Minutes of 4/4/96
c. Work Session on Prime Residential Zone Minutes of 4/10/96
d. Memo from Robert C. Springer, Building Official
13. COMMISSION COMMENTS & QUESTIONS:
Mahurin asked if packets were available to the public. Kebschull advised they are
available with notice as only one extra packet is made. Kebschull added they are
welcome to obtain copies but they may have to wait for them.
Kebschull stated that regarding Ms. Schmidt's request that the agenda be published
earlier, the agenda is not even prepared until Friday morning and that people in the
administration have until noon to place items on the agenda. Kebschull added that
public hearings are published as required by code at least ten days before the meeting.
14. ADJOURNMENT:
Meeting adjourned at approximately 10 p.m.
Resn'dctfuM submitted:
Kebschull
Administrative Assistant
Planning & Zoning Con•imission Page 31
Minutes May 22, 1996
K.ENAI BEAUTIFICATION COMMITTEE
May 14, 1996* * * 5:30 p.m.
Council Chambers
Chairperson Susan Hett
***AGENDA***
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES: April 9, 1996
4. PERSONS SCHEDULED TO BE HEARD
5. OLD BUSINESS
a. Banners
b. Gardening Brochure
c. Green Star "Adopt A Neighborhood" Program
6. NEW BUSINESS
a. 1996 Volunteer Program
7. REPORTS
a. Chairperson
b. Parks & Rec
c. Council
8. QUESTIONS AND COMMENTS
9. INFORMATION
a. Parks & Recreation Minutes (April 4, 1996)
b. Letter to Wade WWahrenbrock of Global Relief
10. ADJOURNMENT
KENAI BEAUTIFICATION COMMITTEE
May 14, 1996
***MINUTES***
1. ROLL CALL
Members present:
Members absent:
Non -Voting Members present:
2. APPROVAL OF AGENDA
Sylvia Johnson, Susan Hett, Nina Selby, Barb
Nord
Marilyn Dimmick
Jeanene Benedict, Linda Overturf
Chairperson Hett asked if there were changes or additions to the agenda. None
noted. AGENDA APPROVED BY UNANIMOUS CONSENT.
3. APPROVAL OF MINUTES: April 9, 1996
Chairperson Hett asked if there were changes or corrections to the minutes.
MS. SELBY MOVED TO ACCEPT THE MINUTES AS SUBMITTED. MINUTES
APPROVED BY UNANIMOUS CONSENT.
4. PERSONS SCHEDULED TO BE HEARD
5. OLD BUSINESS
a. Banners —Nett advised that Selby and Nord had met and had information to
share. Selby advised she had an idea to propose to the committee and
wanted to get their thoughts. Selby stated they couldn't find anything in the
information that was provided to them noting they were looking for some of
the banners that were up a few years ago with the eagle, the church, and
the flowers. Selby stated she had talked to Kayo and he had said all of the
papers had disappeared and nobody knows what happened to them. Kayo
stated that those were designed ideas and that they were custom. Kayo
suggested that they might be able to get the Art Guild, if they were told
what the board vvants, to design the banners specifically for Kenai. Selby
stated then they would have banners depicting Kenai like the church, the
eagle, and flowers. Selby stated that Kayo had said that the Julio (sp?)
Company would make those. Selby added that they need to purchase
banners that are made with mesh for the wind. Selby asked Frates if the city
has the poles to put the banners up with and Frates stated yes. Selby
confirmed that all they would have to purchase is the banners.
Frates stated he thought this was an excellent idea and it could be carried a
step further if they wanted to. Frates stated that perhaps they could provide
Beautification Committee Page 2
May 14, 1996 Minutes
guidelines and have a community contest open to members of the
community as well as the Art Guild design banners and the Committee could
judge them. Selby asked how many designs they could have. Frates stated
maybe no more than four or five different designs. Selby stated she was
hoping for six and Frates stated they could do that. Frates said perhaps
lupine, the Russian Church, eagle, caribou, and salmon. Nord asked if they
did this would they give a prize? Selby stated they could get the newspaper
to do an article. Selby stated if they designed the banners they would have
something that was really Kenai adding that she had heard so many positive
comments about the banners they had before. Selby noted they didn't last
because the wind took them adding that she didn't know who had designed
them.
Frates stated they would need to come up with strict guidelines to keep the
designs from being too complicated for banners. Selby stated that was why
she had suggested the Art Guild. Selby asked Frates if he knew anything
about the Julio Company and he advised there were several companies that
made custom banners.
Hett stated they had time to get with companies, get prices, and start to
develop guidelines as the banners would be budgeted next year. Frates
stated they have to submit the information in March. Nord stated that they
could call Kayo and find out what city the company was in. Selby stated she
couldn't find them in the packet at all.
Frates stated they could open up the contest to businesses as well and that
way the Art Guild as a group could participate. Hett suggested they start in
the fall Selby stated that means they would have to have things together by
fall. Hett stated if they started in August then the schools would be back in
session and perhaps have the contest through the first of October.
Overturf suggested that they ask the companies how long it takes to make
the banners when they call. Nord asked if they have to have certain
dimensions. Frates stated it should be in the information that Selby has.
(Group discussion on size.) Frates stated he could get the dimensions to
them so they could have that information.
Hett asked if there was further discussion on the banners. Benedict stated
she was glad they were getting them.
b. Gardening Brochure—Hett advised that she and Overturf had met and talked
about how they wanted to make the brochure and decided to design by color
and by the bed. Hett stated they had tried to identify plants from photos and
couldn't so decided that as they planted this year to keep lists. Selby asked
where the brochures would be. Hett stated she thought at the Visitor's
Beautification Committee Page 3
May 14, 1996 Minutes
Center. Benedict asked if there would be a charge. Frates asked if it could
be done on a computer. Nord stated she could print color on her computer
but it was expensive. Frates noted there will be money in the budget after
July 1 ". Selby asked if there would be money for banners too? Frates
stated that would be next year. Hett stated they could create the brochures
now and then decide whether to use color or not. (Group discussion on color
brochures and the expense of printing them. Discussion about using color
paper and printing in black and that that would be possible using city
equipment and would be a minimal expense.) Nord asked if the plan was to
provide the brochures to the public free of charge. Nord stated her computer
has a program to design brochures and she could do that and perhaps they
could expand later to use color. Overturf advised she would be gone when
some of the planting is done and asked if someone else could help record the
plants as they plant. Benedict asked if someone had kept a list in the fall.
Overturf stated she kept a list of what she wanted to buy.
c. Green Star "Adopt A Neighborhood" Program —Nett stated that at the last
meeting they had left the Green Star Program with the need to find a sponsor
for the fanny packs. Hett stated they need a Committee member to find a
sponsor. Frates stated that the sponsor would sponsor the cost of the fanny
packs which would probably run between $2 and $4 per pack. Hett asked
Frates how many he thought they should start with. Frates suggested 500.
Hett stated they would be looking at $1,000. Benedict stated that there
may be a discount at a certain quantity. Frates stated he wasn't sure of the
breakdown. Frates looked up the rates and stated it is $5.59 for 576 and
$5.09 for more than 1000. Hett asked if Frates thought they could still get
the program going this summer. Frates stated yes. Hett asked if anyone
was interested in pounding the pavement for a sponsor. Frates stated he
could draft letters to send out. Hett stated she would help.
6. NEW BUSINESS
a. 1996 Volunteer Program —Nett stated they held the orientation meeting in
April and had about 15 people sign up for beds. Planting has not started yet
but thinks it will be next weekend. Hett stated she needed to confirm with
Frates and Feldman the planting schedule. Hett added that the chickweed
and horse tail are coming up in the circle beds. Hett advised that things will
be a little different this year noting that the city has all of the flowers and
some will be bought. Hett stated Frates could probably fill the group in.
Nord asked if plants were being hardened off.
Frates advised he has been approved by Kayo to appropriate some money for
extra flowers other than what they are growing. Frates stated he had a price
on the circle planters of $198. Frates stated he hadn't priced the boxes yet
but will have to come up with a design first unless someone already has one.
Beautification Committee Page 4
May 14, 1996 Minutes
Frates stated they had met earlier this year with Feldman but he couldn't
find his notes. Hett stated she had them. Frates stated he would get his
notes and come up with a figure from those notes. Benedict asked if the
circle planters had perennials in them. Hett stated it had been a hard winter.
Nord asked if they had been watered. Benedict stated she had starting
watering and her plants had started to come up and her peonies had buds.
Frates passed around a list of the flowers for the group to look at. Hett
asked Frates how soon he anticipated being ready to plant. Frates stated he
would try to purchase what needed to be purchased by Friday and then
harden them off until the end of next week. (Discussion about what types of
flowers he had and will be getting.) Benedict asked if flowers would be
purchased locally and was informed yes. Frates stated with the early, nice
weather flowers will go quickly but the greenhouses will have another stock
coming up. Benedict asked if Fred Meyers got their shipment. Hett stated
they will get everything planted but it may be a little later this year. Frates
stated they need to keep in mind that the last couple summers they have
been spoiled by those two donations and each time that amounted to
between $5,0001 and $8,000 in flowers. Frates stated things may not be
quite as full as they have been. Hett noted that the mounds may have lost
some stuff to weeds. Hett stated that the horse tail in the one circle planter
is tall and asked Frates if he thought they should start over. Frates stated he
would just go in and get as many of the roots as possible. Frates noted they
have been in there as long as he could remember but stated that last year
with all the plants, when everything is flowering and blooming, they smother
them out.
7. REPORTS
a. Chairperson
Hett advised that she didn't know if the members were aware that Loretta
Breeden has cancer and added she doesn't know how advanced it is.
Hett asked the group with Kayo's retiring she wondered if they should plan
something for him. Frates advised the Rec Center people have planned a
retirement party for Saturday, the 25", at 7 p.m. at the Moose Lodge. Hett
asked if the city was sponsoring the party and Frates advised it was the Rec
Center and people in the community are donating music, food, etc.
Group discussion about possibilities for doing something for Kayo and what
they could do. Overturf suggested a bush in the Memorial Park and asked
how much that was. Frates stated he thought around $300. Johnson asked
what happened when the tree died and was advised they are replanted. Hett
asked if perhaps they would want to dedicate a flower bed to him.
(Discussion of the available beds.) Decision to dedicate the garden by the
Beautification Committee Page 5
May 14, 1996 Minutes
softball green strip. Discussion on obtaining a plaque and perhaps getting a
rock to put the plaque on. Hett stated Tom Wagner has a rock truck that he
takes to the beach and gets rocks. Johnson will ask Wagner if he can get a
rock for the flower bed. Benedict stated that perhaps Parks & Rec could
furnish the plaque and asked if they had funds for that. Frates stated he
thought they could personally ask for donations and purchase the plaque
themselves. Overturf asked if Parks & Rec was planning to do anything and
Frates advised they had all pitched in for a gift. Johnson clarified what she
she will be asking Wagner for and Frates advised a large rock to place next
to the triangle flower bed on the softball green strip. (Discussion about
where the strip was located and a clarification of where the Municipal Park
was located.)
Johnson asked about the proposed building at the center and the benches
she had requested at the last meeting. Johnson was advised that Swarner
was going to check with a scouting group and would report back.
b. Parks & Rec—Frates stated he met with Tom Jahns again last week. Frates
stated there are probably 20 trees that need to be transplated that were
given to the city. Frates stated if anyone is interested in helping, to let him
know. Frates added it is a big job especially when you don't have any place
for them to go. Frates stated there are a number of bushes he would like to
get potted and keep at the city shop for future projects. There are a number
of trees that were given the city as well. Frates stated it is a matter of
finding a spot for them. Benedict asked what happened to the plan that at
one time the FAA was being considered for a park. Frates stated that most
of that property will be where the assisted living center will be built.
Johnson stated -that is on the Daubenspeck land. Frates stated that a portion
of the Daubenspeck property is for the expansion noting it is a two phase
project, the assisted living center and whatever else. Frates stated there will
be a triangular shaped area that will still be city property that will be up for
discussion in the!! near future. Johnson stated that somebody just planted
trees beside Vintage Pointe. Frates stated that was a Global Relief Project.
Frates advised Global Relief will have their tree sale on Saturday the 18`h at 9
a.m. near God Father's in Soldotna. Frates stated the city has requested 20
to 30 trees, whatever is left over from the sale.
Frates reported he will be replacing 20 percent of the soil in the boxes and
will replace another 20 percent next year. Frates stated he will be looking at
the circle planters next year.
Frates advised that things are starting to happen quickly. There are four
helpers at Parks and Rec and they are busy working on the ball fields and
Beautification Committee Page 6
May 14, 1996 Minutes
getting the parks back in shape. Frates advised a group of Boy Scouts had
fertilized and picked up litter. Johnson stated she had noted there is one
bush with a cottonwood coming up through it and she knew it was a yellow
rose. -ohnson stated she doesn't have the tools to cut it. Benedict asked if
Frates wanted anyone to prune the rose bushes and Frates stated yes.
Benedict stated she would bring her pruners in this weekend when they were
planting. Discussion about pruning and that you only cut the dead wood.
Hett advised that the nursery lost a lot of plants.
Frates stated he starts outside earlier than last year.
c. Council —Council person Swarner absent; no report.
8. QUESTIONS AND COMMENTS
9. INFORMATION
a. Parks & Recreation Minutes (April 4, 1996)
b. Letter to Wade Wahrenbrock of Global Relief
No discussion on the above items.
10. ADJOURNMENT
Meeting adjourned at approximately 6:25 p.m.
Respectfully submitted;
A)(,
aril n Kebschull
Administrative Assistant
HISTORIC DISTRICT BOARD
May 28, 1996- 7:00 p.m.
***AGENDA***
Kenai Council Chambers
Chair Dorothy Gray
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: March 26, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
a. Rachel Clark —Proposed Shkituk' Village Interpretive Site Plan
5. HISTORIC BOARD REVIEW:
6. NEW BUSINESS:
7. OLD BUSINESS:
a. Preservation Plan, Part 2
b. Review of Sign Code
c. Shkituk' Village
8. REPORTS:
9. INFORMATION:
a. Sign Grant Information Letters
b. Challenger Learning Center Information
c. The Alaska Association For Historic Preservation Newsletter
d. NAPC Information
e. Preservation Advocate News
f. Heritage Newsletter
g. Bittner Letter & 13overnor Knowles Proclamation
10. BOARD QUESTIONS AND COMMENTS:
11. ADJOURNMENT:
HISTORIC DISTRICT BOARD
May 28, 1996
Minutes
1. ROLL CALL:
Members Present: Dorothy Gray, Alan Boraas, Ethel Clausen, Michael
Huhndorf, Kim Booth, Rebecca Gabriel-Godek, Bill Kluge
Others Present: Administrative Assistant Marilyn Kebschull, Engineering
Technician Rachel Clark
2. APPROVAL OF AGENDA:
Chairperson Gray stated she would like to postpone work on the Preservation Plan
Part 2 to the next meeting because the city received notice that the survey will not
be done for another couple of weeks. The survey is a large part of the Preservation
Plan. Gray asked if anyone disagreed with moving this to the next meeting. No
one disagreed.
AGENDA APPROVED WITH NOTED CHANGE.
3. APPROVAL OF MINUTES: March 26, 1996
Gray asked if there were additions or changes to the minutes of March 26, 1996.
Booth advised she had not had an opportunity to read the minutes. Godek stated
she thought she had been absent at the last meeting and Gray advised these
minutes were from the March meeting and that in April a quorum had not been
established.
MINUTES APPROVED AS WRITTEN.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
a. Rachel Clark —Proposed Shkituk' Village Interpretive Site Plan
Clark advised she is preparing a master plan for the Daubenspeck area and part of
what the council wanted was an area to be designated for use for the Shkituk'
Village Interpretive Site, Clark stated she had researched the location of that site to
the best of her ability. Clark advised she had reviewed two U.S. surveys dated
1891 and 1906 and mapped those out on an autocad drawing that she has of the
city. Clark stated it looked like the surveys were reasonably close to the Russian
Mission plot and noted if anything else, they were along the western edge. Clark
stated that since the city doesn't own that spot she thought that the area identified
as area 8 on the supplied map as outlined in yellow would probably be the most
appropriate spot to designate for that site. Clark asked if the board had comments
on this proposal.
Note: Huhndorf arrived at 7:06 p.m.
Boraas asked if Clark had copies of the survey and asked to look at them. Gray
clarified Clark was talking about area 8 adjacent to the Russian Mission plot.
Boraas asked Clark how she determined the Shkituk' area and Clark shared the
survey information noting the survey said, "It is known as the old cemetery ground
but at present is not used for such a purpose. Quite a large settlement existed
formerly in the immediate vicinity near the eastern boundary. Most of the natives
having died, the village was deserted and only ruins of former houses exist. The
survey was made in the presence of Reverend Bartnovsky who pointed out the
corners of the tract to rne." Gray asked Clark what she had just read from and
Clark stated it was part of the U.S. Survey No. 192 completed in 1906. Huhndorf
asked where Clark had gotten the surveys. Clark stated that Phil Bryson had
provided them adding he was doing some research into the site location also.
Clark stated she knew inhere had been different ideas about where the original
village actually was located. Clark noted that from the city's perspective, the city
has a limited amount of land actually in city possession and area 8 is probably as
close as the city can come to the site.
BREAK FOR DISCUSSION ON SURVEY AND TO ALLOW CLARK TO SHOW THE
BOARD HOW SHE HAD DETERMINED THE SITE.
Note: Kluge arrived at 7:18 p.m.
Booth asked Clark to explain the proposed Spur View Drive extension. Clark
advised if section 6 of the Daubenspeck property is developed as anticipated noting
the city already has a lease application, the city would want access that runs
through the property. (hark advised the city will keep section 7 for it's own use
and it would be beneficial to have two access points. Clark advised there is a
gravel road through section 4. Clark stated if the Daubenspeck property was
deeded like this, that access would be cut off at the corner.
Booth asked what kind of leases the city is entertaining for the Daubenspeck
property. Clark stated iit would be up for lease or sale and that would be up to the
Townsite Historic; District Board Page 2
Minutes May 28, 1996
purchaser. Clark stated she thought the lease was a standard 100 year lease.
Clark stated that for sale it would be for open bid but the person who initiated the
sale has the option of meeting the top bid if they so choose.
Huhndorf asked if there was a chance that they could obtain information on the
individual property owners concerning the site and intentions for properties that
would effect Shkituk'. Huhndorf stated he knew the city owned some of the
property and he thought there were some private property owners in the area.
Clark stated the city owns everything including technically owning the FAA
complex but the government has the right to use it forever. Clark added that the
Russian Mission is not the city's. Clark stated one piece was owned by Northern
Pacific Processors. Clark stated that the title to the Daubenspeck property states it
is supposed to be dedicated for outdoor recreation so there are some concerns
whether it can actually be leased or sold. Clark added she believed that had been
cleared up. Huhndorf asked if it would be possible to get a copy of proposals for
each piece of property and what it will be used for. Clark advised that is part of
what she is developing now adding she believed the intent of the council is to
develop commercially area 6, 4, and possibly area 5 if the government will let the
city do so. Clark added that would necessitate moving the FAA complex so that
may be sometime in the future. Clark advised that if everything was developed
commercially she didn't know if this board would be in that process and asked
Kebschull if she knew. Kebschull advised she thought they would be included in
decisions about the Shkituk' but other than that it would go through P&Z.
Boraas asked Clark to restate the location of Shkituk' Site and pointed to the map
which Clark confirmed as the correct site. Discussion on the map.
Kluge asked Boraas if there was a survey of the grounds or anything in the works.
Kluge continued asking who would be responsible for a survey. Boraas advised the
property owner has to authorize a survey. Kluge asked if it has historic
significance, doesn't the government come into play. Boraas advised if state or
federal funds are involved it does. Clark commented like the Mission Street project.
Kluge asked if the city operates on a sharing basis with funds derived from federal
or state agencies. Boraas stated he thought funds had to be specifically earmarked
for a project involving any money from the state then the State Antiquities Act
would apply and the Federal Antiquities Act would then apply. Boraas stated that
act basically says you can't intentionally destroy anything of historic value. Boraas
clarified if it is purely city land and city money, the act would not apply.
Kluge asked Clark what was proposed for section 7. Clark advised the city will
keep that property. There are some storage Quonset huts there and some
Townsite Historic District Board Page 3
Minutes May 28, 1996
environmental concerns. Kluge asked what time frame are they talking about with
the use of this site. Boraas advised it is unclear how long it was used in the distant
past. It is probably as old as 1000 AD until it was abandoned sometime after 1900
and before 1906. Boraas noted that on the 1900 census, eight families lived in the
area and called it Old Kenai. On the census they referred to Fort Kenai as the Old
Town area.
Kluge asked what it would take to acquire state funding for an exploratory
archeological survey? Boraas advised there is no funding available that he is aware
of. Kluge commented it would be a shame if they let portions of this site for
commercial development prior to a survey being done. Kluge added if there are
archeological finds on this site it would be interesting exhibit material. Boraas
stated that material that Ken Jordan who lived in that area took out of his garden
was cooper hammers aind copper artifacts of the prehistoric era that are very
distinct from post 1000 AD Kluge noted then that this is documented information.
Kluge stated he would personally like to see this board pursue action to initiate a
survey.
Clark asked if they had any idea of what price range they were talking about.
Boraas stated he was guessing but to complete a ground survey could be from
$2000 to $5000. Huhndorf asked how long it would take and Boraas stated about
3 weeks. Kluge asked how the survey was done. Boraas stated a grid is made and
then spots are randomly selected. Kluge asked about depth of digs. Boraas stated
a lot is done with soil auger samples adding that sometimes you can even find
houses that way. Huhndorf asked how far down and Boraas stated to sterile sand.
Gray stated a lot of ground has been pushed up onto the Russian Mission property.
Kluge asked if you would just want to sift through the pile and Boraas stated
possibly.
Clark advised the board if that is their intention they could choose to make a
recommendation to council if the board doesn't have funding sources of their own.
Kluge asked if this was FAA property? Clark stated that was the Daubenspeck
property and that section 4 a grant had been accepted on, section five is in limbo.
Kluge asked about section 7. Clark advised that is part of the Daubenspeck
property noting that sections 6, 7, and 8 were the original Daubenspeck property.
Bill Godek asked if it is $2500 or less if you have to get council approval. Kluge
asked if someone had that much in discretionary funds. Clark stated she wouldn't
make that recommendation.
Kluge stated he was unaware of the antiquity that is involved at the site. Kluge
added he thought this was fairly current from the early 1900's. Boraas noted that
Townsite Historic, District Board Page 4
Minutes May 28, 1996
was the main village of Kenai before the Russians came. Kluge stated he felt from
the board's standpoint that possible artifacts should significant for exhibit purposes
not only here but other places. Kluge asked if artifacts could be displayed locally.
Boraas stated if federal or state funds are involved, artifacts need to be designated
to a accredited museum. Boraas stated typically items are loaned from one
museum to another. Kluge asked what if city money was used and Boraas stated
there is no designation. Kluge asked if there were finds and city funds were used
what would happen and Boraas stated the city would own them. Boraas stated the
city should have a policy(. Kluge stated he felt the city should be aware that there
is a value to these artifacts not just historical but monetary value for exhibit
purposes. Boraas stated you want to stay away from placing a monetary value on
them because you run the danger of encouraging looting. Kluge stated he
understood that but was coming from the standpoint of selling a survey to the city
and that there is a possibility of coming up with some unique artifacts. Boraas
commented that the value is educational.
Huhndorf asked if there was a possibility of getting construction plans or blueprints
of what was done in 1940. Huhndorf added that he liked the idea but if there was
a record of what was fill it would be helpful. Kluge stated they would just say the
commander would comp: out to the job and say push all that overburden there, and
build this building here. Bill Godek asked if the artifacts, even though they are on
city property, wouldn't they be tribal property. Huhndorf stated that applies to
federal lands and they have jurisdiction over human remains. Huhndorf stated that
private land isn't included and it is an honor system. There is no legal binding now
if it isn't on federal land.
Godek stated it was her understanding from Mayor Williams that the city was going
to do some kind of a survey on the land to check for buried oil drums, etc. Godek
asked if they could find archeological things too or does this survey need to be
done before that. Clark stated that to the best of her knowledge prior to the
commercial sale of that property it would require an environmental assessment.
Clark added they would not be looking for archeological remains. Godek stated she
remembers him saying it would be done this summer. Clark stated there has been
no directive to staff to proceed with an RFP. Kluge stated that one approach to
this might be that we would like some money from the city to do an archeological
survey and while doing so will keep eyes open for contamination.
Clark advised that if this is something the board wants to proceed with they could
go two ways. One way would be a recommendation from the board to put it in the
master plan which means the council will read the master plan, but it won't be a
separate item. Or, they could make a draft recommendation to council to proceed
Townsite Historic District Board Page 5
Minutes May 28, 1996
with an archeological study. Booth asked if Clark felt it would get buried in the
master plan and it won't get the attention if the board went the other direction.
Clark stated that she would word it that prior to the development of any of that
property or surrounding property, areas 6, 7, and 8, that a strong recommendation
that an archeological survey be done. That way if they are ready to proceed with
commercial development, they will be ready to respond and at least look at first.
Gray asked if they should ask that an archeological survey be performed for the
purpose of locating the village site and retrieving any artifacts. Kluge stated he
didn't think they could do much retrieval for $2,000. Boraas stated a full scale
excavation is dependent on what you find in the survey. Boraas stated you might
find nothing and then it doesn't warrant any further work or you may find quite a
bit and that would necessitate a season of work. Kluge commented that it would
be a good process for the city to go through to identify what is there.
Kluge stated the first thing council will want to know is where the funds will come
from and asked Booth what the visitor center had for funds. Booth stated the city
cut their budget and other fund raising sources are not doing well. Booth added
that doesn't mean that they couldn't work in concert with looking into a grant.
Booth noted they are building their budget now and she will keep this in the back of
her mind. Booth stated that their Cultural Council, a sub -board of the regular
Convention Bureau Board, could very well take something like this on as a possible
fund raiser. Booth noted they are not talking about a huge some and money, noting
that the Cultural Council needs to raise funds for the center, but if this is the oldest
known site of Kenai, Booth stated she felt it falls under their responsibility.
Huhndorf, noting he was speaking for himself, would like to suggest that he go to
Salamantof and also to Kenai Native Association to see if they wanted to donate
funds to help pay for the survey. Huhndorf reiterated he didn't want to speak for
the native associations but would like to give them the opportunity to participate in
the survey. Kluge commented that perhaps they should estimate a figure of $4000
and attempt to get a matching contribution from a native corporation and have the
city match it.
Kluge commented that documentation from the survey could be included in the
interpretive signage for the site. They could include information as to where the
grid was done and what was found. Gray asked if someone would like to make a
motion to bring it to council's attention. Kluge asked Boraas if he thought with
$4000 they could do an adequate survey of that area and have enough funds left
to do a report that could be incorporated into signage. Boraas stated he was
thinking that that he could perform the survey for that price but was not certain
that an archeologist corning from Anchorage or Fairbanks could do it for that much
as they would have to do quite a bit more research to prepare. Kluge asked Boraas
Townsite Historic District Beard Page 6
Minutes May 28, 1996
if he or the college would be interested in performing that survey? Boraas stated
he would be interested but needed to consider if being on the board precludes him
from the survey. Kluge stated he didn't think it would as long as he abstained from
voting. Boraas stated he will abstain.
Huhndorf asked how much property the grid would cover. Clark advised the
southern portion of 6 and 7 and 8. Clark advised she didn't know if they would be
allowed to go into 9 or not. Gray stated they church has already granted their
permission to include the Russian Mission property in an interpretive site. Gray
commented that the only issue would be if graves were recovered they would have
to be repatriated. Boraas stated he had mentioned this a year ago but thinks that
part of the story is the fact that the FAA came in as a federal agency in the last
1940's and bulldozed the area. Boraas stated people need to know that.
Kluge commented that he felt this would be interesting material for an interpretive
gazebo at the site. Huhndorf noted that one of the things discussed early on in
working with the elders that they prefer only a small path with a three panel sign in
deference to getting sophisticated with a gazebo, etc. Kluge asked if they were
talking about building a parking area. Kluge stated he was thinking that something
like that would be kept in the parking area. Huhndorf stated that in terms of the
wishes of the tribe he would have to go back to them as they are speaking of their
culture and their history. Huhndorf stated he didn't think a gazebo had been in the
plans. Boraas stated that the nature of how to portray the information is a different
issue and first there is a need to find out what is there, is it artifacts, is it maps,
etc. Then that information is taken and developed the way you want to portray it
and where you want to portray it in museums or the visitor center. Boraas
reiterated the most important issue is to find out what is there so the people
making decisions about that land knowing what is there.
Gray asked if someone would like to make a motion to make a proposal to the city
as Clark had suggested requesting that funds be set aside so that this area could be
surveyed archeologically. Gray asked if they would want to put a dollar amount in
the motion.
KLUGE MOVED TO REQUEST ASSISTANCE FROM THE CITY COUNCIL IN THE
AMOUNT OF $2000 IN MATCHING FUNDS TO PERFORM AN ARCHEOLOGICAL
SURVEY AND REPORT THE FINDINGS FOR PARTS OF SITES 6, 7, AND 8.
HUHNDORF SECONDED THE MOTION.
Kluge commented that council should be made aware that the board will be looking
for matching funds and when that is in place council will be advised. Clark stated
Townsite Historic District Board Page 7
Minutes May 28, 1996
that if council chose to do this they would earmark money up to $2000 to be used
for stated purpose upon notification that the board has the other half.
MOTION PASSED UNANIMOUS. NOTE THAT BORAAS ABSTAINED.
5. HISTORIC BOARD REVIEW:
6. NEW BUSINESS:
7. OLD BUSINESS:
a. Review of Sign Code
Huhndorf stated it is his understanding that they are merely attempting to have an
advisory position or is the board proposing they have some authority over signage?
Clark advised that Kebschull had submitted to the City Attorney what the board
had proposed. Clark stated the attorney did not think it was legally defensible
because it is not objective and too subjective. Clark stated it needs to follow more
along the lines adding La Shot's recommendation, of page 14-43 of the KMC for
signs in the residential :zone, or by designating square footage. Clark stated the
board's recommendation was not specific enough if they challenged it in court.
Gray stated there seems to be a lot of parts to the sign code. Gray stated she
would like to suggest, since it was her understanding that the Planning and Zoning
Commission is going redo the entire sign code, that the board just take a portion of
the code. Gray stated perhaps they concentrate on one facet like size and write
down what they feel should be appropriate. Gray stated that at the last meeting
that Kluge had stated he could research examples of historically accurate signs that
could be put into the code to show people examples.
Kluge asked if anyone in the administration is working on a sample ordinance for
the sign code. Kluge stated he thought he remembered La Shot saying he would
pursue investigation on an ordinance for historic signage that could be incorporated.
Kluge added he thought that P&Z had put it back to the administration. Clark
stated that P&Z recomimended that staff come back with a sample ordinance.
Kluge stated he was curious if administration had done anything. Clark stated that
no ordinance had gone through. Kluge stated he thought the administration was
going to massage whatthey had submitted to make it more legal. Kebschull stated
it was her feeling that ILa Shot felt it should be done with the board's input.
Kebschull added that the sign ordinance covers everything and the board needs to
pick out that they wane; to apply to the TSH district. Kebschull added that the
attorney had been conc:;erned about the subjective proposal and the wording.
Townsite Historic District Board Page 8
Minutes May 28, 1996
Kebschull stated that the board may have to ask the attorney about wording noting
that it is not clear if the board can delineate wording contained in a sign. Kebschull
commented that from her perspective from the information received to this point,
that the recommendation is the board start with basic information such as size,
location, things that are very clear and objective. From there, if the board wanted
to delineate what could be placed on the signs they may need to get more legal
advice.
Kluge stated he didn't think, when reading their proposal, he doesn't think it is out
of line with their intent, but it might need some massaging from the legality
standpoint. Kluge stated he didn't think it is out of context with what they would
like to see in Old Town, Kluge stated he felt size as noted in scale with one's
building, is a way of defining size. Kluge stated he didn't feel they had to say it
had to be a maximum of 20 square foot. Clark stated she felt the issue was that
everybody is subject to this board and there is nothing that is across the lines.
Kebschull noted that what applies to one has to apply to all. Kluge stated that in
conjunction with the existing sign ordinance, it already stipulates maximum size.
Kebschull noted that they are asking for a specific sign ordinance for TSH zone.
Kebschull asked if they were going to take the existing ordinance and add to it?
Kluge stated he felt that the attorney and administration needed to help them.
Kluge stated it could be+ that this augments the existing sign ordinance which
already has stipulations about size. Kebschull stated she thought that the board
was not happy with eight foot signs. Kluge stated it depends on the size of the
building and if you have, a hotel that is a big building maybe it substantiates a larger
sign. Gray stated the ordinance, she thought, stated the maximum square footage
of any building is 5000 square feet. Kebschull advised that the way the current
sign code reads that someone with a 5000 square foot building could paint the
whole side of their building as a sign and that would not be considered a sign.
Kluge stated the sign ordinance doesn't allow that size sign and Kebschull advised
that is not a sign. Kebschull advised those are the kind of things the board has to
decide.
Kluge responded that those are the kinds of things that they are talking about
addressing in their ordinance such as the issue that came up with Mapco about
painting the sign on the, side of the building. Kebschull offered the suggestion that
they may want to look at their proposal and instead of having it in paragraph form
to have an enumerated list from the third paragraph and list the standards.
Kebschull reiterated that they will not be able to pass a sign code without specific
standards.
Townsite Historic District Board Page 9
Minutes May 28, 1996
Gray suggested due to the time that they start with the size issue tonight. Kluge
stated he thought they could come up with a maximum size but thought it would
still need to be in scale 'with the structure and sited examples. Kebschull asked
Kluge what the scale would be and Gray added what would the ratio be? Boraas
stated the wording could read the maximum size or not to exceed a certain
percentage of the building size. Discussion on what the current code size is.
Kebschull advised it is listed in the code on page 14-43, No. 2 and stated no more
than 32 square feet in area. Kluge asked if there was an allowance for larger on
particular types of projects or with shared occupancy. Kebschull advised that is
correct. Booth asked if there was someplace to look in a historical district what
size is designated or the signage code. Kluge noted they had looked at Juneau's
code. Booth questioned if they had specified size. Kluge stated he thought it was
referred to as in scale with the building. Booth stated that is her question, how do
you define in scale with the building? Booth asked if there is a percentage written
somewhere that they can accept. Clark commented that you could come up with a
percentage. Boraas commented that they are talking about the sign ordinance of
32 square feet with the exception being very small buildings. Kebschull noted that
is the residential size and drew attention to page 14-44 under E1 Commercial signs
it is up to 81 square feet and added that this is the section of the code TSH is
under at this time. Kebschull added that with more than one business combined on
the premises it is 154 square feet. Kluge asked if they could exclude signage
painted on the side of the building and if so it should be in there. Kebschull stated
those are the things that the board may want to ask the attorney.
Clark recommended that for this meeting they come up with a list of questions for
administration such as what is the reasonable percentage for the average 32 square
foot sign on the average building. What is that number? Gray asked Clark if she
could come up with that figure and she stated she could do that. Clark continued
stating they could ask the attorney if they could exclude painting an entire side of
the building. Kebschull commented that Councilman Bannock had noted that signs
within windows are not considered signs and that had been a concern. Clark asked
if there were any other specific questions.
Huhndorf stated he felt they needed the majority of a meeting to discuss the sign
issue adding that he would personally be willing to wait and come up with
questions. Gray stated they could get started with those two questions that Clark
had written down. Kebschull asked Gray to restate the questions. 1. To come up
with a number of what its a reasonable percentage for the average 32 foot sign on
the average size building. 2. Ask the city attorney if they can disallow painting the
entire side of a building with some sort of advertisement.
Townsite Historic. District Board Page 10
Minutes May 28, 1996
Kebschull asked if they wanted to ask about wording on signs which was their
original intent to clarify historical accuracy. Huhndorf stated if there is a way to
ask the limitations of what you can do noting the attorney had cited a case
concerning political freedom of speech. Kluge noted the attorney's memorandum
stated two primary concerns. Kluge stated he would like to see from the attorney
what needs to be set forth in the way of standards for a review that is defendable
and what they are not allowed to limit as far as content on signs. Gray stated the
easiest way to do this would be to respond to the attorney's memo and ask if he
can tell the board what is allowable.
8. REPORTS:
9. INFORMATION:
a. Sign Grant Information Letters
b. Challenger Learning Center Information
c. The Alaska Association For Historic Preservation Newsletter
d. NAPC Information
e. Preservation Advocate News
f. Heritage Newsletter
g. Bittner Letter & Governor Knowles Proclamation
10. BOARD QUESTIONS AND COMMENTS:
Gray asked if anyone wanted anything special on the agenda for the next meeting.
Huhndorf asked if they o.ould address the Challenger Learning Center.
Gray asked if members knew they would not be at a meeting to let her know in
advance.
11. ADJOURNMENT:
Meeting adjourned at approximately 8:30 p.m.
Respectfully Submitted:
Ma ily Kebschull
Administrative Assistant
Townsite Historic District Baard Page 11
Minutes May 28, 1996
5 oyJnited States Rural Development Phone 907-262- �
8 1bepartment of 35670 Kenai Spur Hwy. Fax 907-262-12
A, Soldotna, AK 99669
Mayor John Williams
City of Kenai
210 Fidalgo Ave., St. 200
Kenai, AK 9961 i
Dear Mr. Williams:
May 20, 1996
&A
tj
:.�
Please let me offer my congratulations on being selected as the sight for the Challenger Learning
Center. It will be an honor to have such a center in this area.
It is understood that the next step to actually having the Center up and running is to first obtain
funding to build it. I would very much like to review any information you have regarding the
Challenger Center. There may be a program(s) available through Rural Development to help_ in
the progress. With the new fiscal year quickly approaching, we have new loan and grant
programs associated with clevelopment in rural communities, one or more of which may meet
your needs.
If you are interested in possible funding from our agency, please forward any information you
have regarding your endeavor. We will gladly take a look at it to see if there is any way we can
help you.
Sincerely,
r
MICHELLE S. KELL
Rural Development Manager
cc: Frank Muncy
Ernest Brannon
AGENDA
RENAI CITY COUNCIL - REGULAR MEETING
MAY 15, 1996
7:00 P.M.
RENAI 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 PIIBLIC COMMENT (10 Minutes)
C. PIIBLIC HEARINGS
1. Ordinance No. 1691-96 - Replacing the Tables Referred
to in the Personnel Regulations (Title 23) to Establish
a New Salary Structure by Grade and New Hourly Rates
for Part. -Time Employees. (2.7% COLA)
a. Substitute Ordinance No. 1691-96 - Replacing the
Tables Referred to in the Personnel Regulations
(Title 23) to Establish a New Salary Structure by
Grade and New Hourly Rates for Part -Time
Employees. (2.0% COLA)
b. Consideration of Substitute Ordinance.
2. Ordinance No. 1692-96 - Amending Title 23.50.010 of the
Kenai Municipal Code in Order to Incorporate Changes
Brought About by the Organization -Wide Classification
Study Conducted in 1995.
3. Ordinance No. 1693-96 - Amending KMC 1.25.030(c)
Allowing for a Deputy City Clerk or Temporary Deputy
City Clerk to be Paid the City Clerk's Salary During
the City Clerk's Absence.
-1-
4. Ordinance No. 1694-96 - Increasing Estimated Revenues
and Appropriations by $5,000 in the General Fund for
Completion of the Challenger Learning Center
Feasibility Study.
5. Ordinance No. 1695-96 - Suspending the Provisions of
Chapter 7.12 of the Kenai Municipal Code Beginning June
15, 199E6.
6. Resolution No. 96-37 - Awarding a Contract for
Professional Services for the Alaska Challenger
Learning Center for a Not -to -Exceed Amount of $30,000
to K. Scott and Associates.
7. Resolution No. 96-38 - Transferring $4,000 in the Water
and Sewer Fund for Instrumentation for Water Analysis.
8. Resolution No. 96-39 - Awarding a Contract for Third -
Party Environmental Services for Environmental Cleanup
at Lots 13 and 14, Block 1, Cook Inlet Industrial Air
Park to GeoEngineers, Inc. for $12,793.00.
9. 1996/97 Liquor License Renewal - Withdrawal of Protest
- American Legion Post #20 - Club.
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 May 1, 1996.
F. CORRESPONDENCIE
G. OLD BUSINESS
-2-
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1696-96 - Increasing Estimated Revenues
and Appropriations by $250 in the 1967 Debt Service
Fund for the Trust Account Administration Fee.
4. *Ordinance No. 1697-96 - Increasing Estimated Revenues
and Appropriations by $1,600 in the Council on Aging -
Borough Special Revenue Fund for Commemorative Posters.
5. Ordinance No. 1698-96 - Adopting the Annual Budget for
the Fiscal Year Commencing July 1, 1996 and Ending June
30, 199711.
6. *Ordinance No. 1699-96 - Increasing Estimated Revenues
and Appropriations by $7,000 in the General Fund for
.Additional Playground Improvements at Municipal Park.
7. Approval - Shop Truck - Re -award of Bid.
8. Approval - Ft. Kenay/Mission Street Improvements.
9. Discussion - Aircraft Recovery Fire Fighting School
(ARFF) -- Authorization to Proceed with Design.
10. Discussion - FAA Land Trade, Antenna Farm Relocation,
and Proposed Flight Service Station Expansion.
EXECUTIVE SESSION - Personnel Discussion.
EXECUTIVE SESSION - City Clerk and City Attorney Evaluations.
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
-3-
KENAI CITY COUNCIL - REGULAR MEETING
MAY 15, 1996
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
MAYOR JOHN J. WILLIAMS, PRESIDING
ITEM A: CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:00
p.m. in the Council Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
Roll was taken by the City Clerk. Present were: Williams,
Bookey, Moore, Bannock and Smalley.
Absent were Measles and Swarner.
A-5.
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD AS: B-1, Persons Scheduled to Be Heard - Susan and Jessica
Townsend regarding Leif Hansen Memorial Park, with
attached background information.
ADD AS: B-2, Persons Scheduled to be Heard - Marion Nelson
regarding City Manager.
ADD AS: C-2a, Substitute Ordinance No. 1692-96 - Substitute
indicates upgrade of Senior Center Administrative
Assistant which was omitted from original Ordinance No.
1692-96.
ADD TO: H-2, Purchase Orders Over $2,500 - Information
indicating change in budgets from where Alaska
Roadbuilders will be paid (amount remains the same).
ADD TO: H-5, Ordinance No. 1698-96 -
a. Proposed additional budget cuts and corrections.
b. 5/14/96 JS memorandum explaining changes and
corrections to FY97 Consolidated Operating Budget.
ADD AS: I-1, Mayor's Report - 5/2/96 Global Releaf invitation
to Arbor Day Celebration.
I-1, Mayor's Report - 5/13/96 Frontier Community
Services letter regarding Summer Youth Employment
Program through Job Training Partnership Act (JTPA).
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 2
ADD AS: I-2, City Manager's Report - 5/13/96 TM memorandum
regarding Jet Fuel Facility and City Maintenance Shop
Sites.
ADD AS: Information Item No. 12 - 5/14/96 (received) letter
from James K. McCubbins indicating progress of
placement of "Welcome to Kenai" sign on north side of
town.
ADD AS: Information Item No. 13 - 5/15/96 F. Fiala letter
regarding City Manager.
City Manager Mann.inen also requested a report in regard to the
Economic Development District be added as Item H-11.
MOTION:
Councilman Smalley MOVED for approval of the agenda as amended
and Councilman Bookey SECONDED the motion. There were no
objections. 80 ORDERED.
A-6. CONSENT AGENDA
Mayor Williams reported he had no changes to the Consent Agenda.
MOTION:
Councilman Smalley MOVED for approval of the consent agenda as
submitted. There were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENT
B-1. Susan and Jessica Townsend - Leif Hansen Memorial Park
Use.
Jessica Townsend stated her family's main concern was that during
the Park's use last summer for one of the large events (Kenai
River Festival or Industrial Celebration), a tent was tied off
onto their memorial tree. She asked the owner of the tent to
remove it was told he would not. Their tree was damaged as was
their plaque. They requested that if the city was going to
continue to allow the Park's use for this type of activity, that
they take care of any damages to the plantings and plaques. She
did not think the $50.00 deposit (for use of the park) was enough
to cover damages.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 3
Townsend added, the green strip at the ballfield was set up with
facilities for people to hold the large activities. It has play
and picnic areas, as well as running water and bathrooms.
Seh added, the Memorial Park policies did not limit the amount of
people for an activity. There was no control, and she felt it
was an unsafe area due to the proximity of the highway. Townsend
suggested another area be chosen for out-of-town ball players to
camp at in order to keep the ballfield green strip available for
picnic uses. She also suggested the field to the side of the
Senior Center be used to hold large activities. Williams noted,
that area has been leased to a private company. Townsend asked
what council decided as a limit for the allowable amount of
people for an activity at the Park.
Williams explained, it was an unfortunate situation that the
damages occurred and he hoped that users of the Park would
monitor the activities closer. Williams added, he noted Jack
Brown would be replacing the tree for the Townsends. Also, the
damage must have been done during the Industrial celebration and
that activity would be held at the green strip park this year.
Also Williams noted that no firm policy had been developed as to
the amount of people allowed per activity.
Clerk Freas explained the information distributed to council at
the beginning of the meeting, as well as to the Townsends,
included a suggested amendment to the policy (activities over 50
people, etc.). That amendment was not adopted by council. The
decision made by council was included in the memorandum from
Director McGillivray which both council and Townsends received.
Williams noted there was to be a softball tournament during the
same weekend and that was why the green strip was not going to be
used for the Festival. Townsend suggested the Festival be
planned for another day. Williams stated the city would try to
do a better job of monitoring and curtailing tying of tents to
the trees and other plantings.
Townsend noted, containment could be done to a certain point.
Her point was the plantings had been purchased in memory of loved
ones and couldn't be replaced every year.
Mrs. Townsend stated she had never heard of a memorial park being
used for large activities such as the Festival and Industrial
celebration. There was no limit to how many people could attend
a funciton. Williams noted the problem was that permission had
already been given for the Festival to be held at the Park this
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 4
year. Townsend asked if it could be scheduled differently next
year. Williams stated council could go back and reconsider the
elements and discourage the use of the Park for activities over
100 people. He would prefer to leave it to the discretion of the
city manager and Parks Director to decide on what activities
could be held there. He added, council needed to clarify the
rules in order for those decisions to be made.
Councilman Moore stated the Townsends had raised good points and
asked if the city could restrict where the booths and tents could
be set up -- away from the plaques and plantings? Townsend
stated that during the Industrial celebration, the people were
kept away from the plantings and plaques, however, those
activites were not compatible with a memorial park.
Williams directed Administration to work with the Kenai River
Festival Committee and severely restrict visitors to the Festival
from the sidewalk and plantings. Also, Williams requested
council to set a definition of what kind of activities could take
place at the Park which would give Administration better
direction as to what would be acceptable activities to take place
at the Park.
Councilman Bannock stated he totally agreed with the Townsends
and had stated in prior discussions that he did not think the
Festival, etc. were acceptable activities for the Park. He
added, he felt the council was pushed into allowing the Festival
to take place there this year and hoped next year council would
have the courage to say when activities shouldn't take place in
the Park. Bannocl, added, direction needs to be given for the
rest of this year's use of the Park.
Williams encouraged the Parks & Recreation Director to keep a
schedule of the Park's use so that the Festival Committee would
know when the ballfield park was available. McGillivray stated
that could be done if the information gets to him in time.
Townsend added, they should be able to plan ahead enough to not
conflict with ball games, etc. She encouraged council to allow
activities that better fit the memorial park.
Williams suggested a community calendar be developed in regard to
activities taking place throughout the city. He also stated that
the matter would be taken into consideration and some changes
would be made, however changes would not be made until after the
Festival as they had been booked for use of the Park.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 5
B-2. Marion Nelson - City Manager.
Nelson stated she was a member of the Kenai River Festival
Committee and didn't realize there was any significant damage to
the park last year. She thought the Festival went well and they
policed the Park during the Festival as well as cleaned the area
after it.
Nelson continued, her main reason for speaking to council was due
to the council's apparent rift with the city manager. She wished
something could be resolved and whatever problems there were,
could be worked out. Beyond the personalities involved, she
hoped the city would not put itself into a rotation of city
managers as the city would lose its very positive position of
being politically and financially stable. The city long enjoyed
a very good reputation. She added, she also hoped the employees
that might be participating in negative feedback to council would
take a look at their jobs as being prize jobs in the community
and everybody try► to work the problems out for the best of the
city of Kenai.
Williams asked if: any of the Festival tents were tied to trees.
Nelson stated that was not the case. Councilman Bannock stated
the tying off the trees could have been during the other activity
as there were two large activities there last year. Mrs.
Townsend stated they were at the activity and a tent was tied off
on their tree. Nelson stated there were no plans to tie tents
off any of the trees.
Williams suggested to Nelson that she carry that word down to the
Festival Committee in regard to the concerns stated. Nelson
stated there was a meeting scheduled for the next day and she
would pass the information on.
Councilman Bookey suggested that if the Parks Director and City
Manager were actively involved in the implementation and control
of the Park's use, it would take the responsibilities from the
users and insure people that the city was on guard and following
through with the policies, etc. He added, he would like city
employees present at the activities to enforce the policies, etc.
Nelson suggested that grass should not be right up to the base of
the trees, etc. and that they should be circled with bark in
order for moisture to get to the tree roots. She added, she
didn't think the trees were in very good shape.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 6
ITEM C: PUBLIC HEARINGS
C-1. Ordinance No. 1691-96 - Replacing the Tables Referred
to in the Personnel Regulations (Title 23) to Establish
a New Salary Structure by Grade and New Hourly Rates
for Part -Time Employees. (2.7% COLA)
MOTION:
Councilman Smalley MOVED for adoption of Ordinance No. 1691-96
and Councilman Bookey SECONDED the motion.
There were no public comments or council comments.
C-1a. Substitute Ordinance No. 1691-96 - Replacing the Tables
Referred to in the Personnel Regulations (Title 23) to
Establish a New Salary Structure by Grade and New
Hourly Rates for Part -Time Employees. (2.0% COLA)
MOTION:
Councilman Smalley MOVED for adoption of Substitute Ordinance No.
1691-96 and Councilman Bookey SECONDED the motion.
Williams noted the difference in the ordinances was the original
ordinance was setting the salary structure with a 2.7% COLA. The
substitute set the structure with a 2.0% COLA.
C-1b. Consideration of Substitute Ordinance.
VOTE ON AMENDMENT:
Williams: Yes Bookey: Yes
Moore: Yes Measles: Absent
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON AMENDED MAIN MOTION:
Williams: Yes Bookey: Yes
Moore: Yes Measles: Absent
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
Swarner: Absent
Bannock: Yes
Swarner: Absent
Bannock: Yes
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 7
C-2. Ordinance No. 1692-96 - Amending Title 23.50.010 of the
Kenai Municipal Code in Order to Incorporate Changes
Brought About by the Organization -Wide Classification
Study Conducted in 1995.
MOTION:
Councilman Bookey MOVED for adoption of Ordinance No. 1692-96 and
Councilman Moore BECONDED the motion.
There were no public comments. Councilman Smalley stated he was
concerned with the classification of the Police and Fire Chiefs
set at Range 22. He believed their responsibilities and duties
compared with others with higher ranges. He asked why they were
not Range 24s. Williams asked if he was wanting to know why
there was not parity between those department heads and other
department heads. Smalley answered yes.
Williams asked City Manager Manninen if this was discussed during
the study. Manninen answered he did not think that either the
Police or Fire Chiefs specifically met with the committee. They
deferred, but he ,thought the committee's recommendation was based
on the written jolo description and why there was or wasn't parity
was based on the reviews of the actual job descriptions. One
could make the same argument as to why any one was wherever they
were but he thought the numbers followed the study. The study
was very rigorous„ The work group went through each job
description. They numbered responsibilities, supervisory
responsibility, impacts of decision -making from liability
standpoints, from all sorts of standpoints, and numbers of people
supervised was critical. Impacts of decision -making, so if
someone was investing money, handling money, supervising a lot of
people, those things counted. Sometimes very small differences
make a lot of difference in points, therefore someone higher up
on the salary range whether it was a 19, 20, 21, 22 or 24.
He added, he thought the whole process worked and that the people
were generally in the right range. There may be some ranges that
will need some adjustments in the future and those were some of
the adjustments dJi.scussed in the report itself.
Specifically, regarding the Police and Fire Chief, he did not
have any reason to believe they were under or over -rated. He
thought they were right in where they should have been and
basically, was the result of the study. If they picked on one or
two department heads, they could put the chart up, dart it and
pick on any of the other ones and adjust also. To the extent
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 8
that the uniform rating was used, the same questions were applied
to all jobs, the jobs fell out and these were where the ranges
were. He added, he had not heard any complaints from the Police
or Fire Chief, for instance, or other department heads, although
he had heard complaints from other individual employees, but not
those employees.
Councilman Bannock stated he shared Councilman Smalley's concerns
on this issue and with no disrespect to the Finance or Public
Works Directors, based on the Chiefs' responsibilities and
decisions, their positions should reviewed closely the next time
a study is done.
Manninen agreed, 'they were very responsible positions and were in
the top one-half dozen positions of the city that are very
responsible positions and should rank very high. He was
defending the process and saying they ended up there because it
was the way those positions came out after the review and the
committee did their work. He added, he was not trying to
denigrate anyone's abilities or relative ranking. He thought it
was fair and based on the job that people are responsible for,
there's a lot of impacts and potential liabilities. It's in the
study. It's part of being a finance or public works directors or
police or fire chiefs, it was figured in and nobody was trying to
downgrade anyone's job by saying it was less than it was. They
are very responsible positions.
Williams noted the substitute ordinance would add the Senior
Center Administrative Assistant position as a Range 10, as well
as make language and range changes already presented in the
original ordinance.
MOTION TO AMEND:
Councilman Smalley MOVED to substitute with Substitute Ordinance
No. 1692-96 with the changes and classifications as submitted.
Councilman Bannock SECONDED the motion.
VOTE ON AMENDMENT:
Williams: Yes Bookey: Yes Swarner: Absent
Moore: Yes Measles: Absent Bannock: Yes
Smalley: Yes
MOTION PASSED UNANTIMOUSLY.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 9
VOTE ON MAIN MOTION AS AMENDED:
Williams: Yes Bookey: Yes
Moore: Yes Measles: Absent
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
Swarner: Absent
Bannock: Yes
C-3. Ordinance No. 1693-96 - Amending KMC 1.25.030(c)
Allowing for a Deputy City Clerk or Temporary Deputy
City Clerk to be Paid the City Clerk's Salary During
the City Clerk's Absence.
MOTION:
Councilman Moore MOVED for adoption of Ordinance No. 1693-96 and
Councilman Smalley SECONDED the motion.
There were no public or council comments.
VOTE:
Williams: Yes Bookey: Yes Swarner: Absent
Moore: Yes Measles: Absent Bannock: Yes
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
C-4. Ordinance No. 1694-96 - Increasing Estimated Revenues
and Appropriations by $5,000 in the General Fund for
Completion of the Challenger Learning Center
Feasibility Study.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance No. 1694-96
and Councilman Smalley SECONDED the motion.
There were no public comments. Williams explained the ordinance
was transferring the $5,000, which was donated by Alaska
Aerospace Technology to the City of Kenai for the development of
the Challenger Feasibility Study, from the General Fund into the
Legislative Professional Services account. The monies would be
used for the further development of the Center.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 10
VOTE:
Williams: Yes
Moore: Yes
Smalley: Yes
Bookey: Yes Swarner: Absent
Measles: Absent Bannock: Yes
MOTION PASSED UNANIMOUSLY.
C-5. Ordinance No. 1695-96 - Suspending the Provisions of
Chapter, 7.12 of the Kenai Municipal Code Beginning June
15, 19916.
MOTION:
Councilman Bookey MOVED for approval of Ordinance No. 1695-96 and
Councilman Smalley SECONDED the motion.
There were no public comments. Williams explained, the ordinance
would suspend the: hotel/motel bed tax. Councilman Moore asked if
the ordinance meant the tax could not be discussed in the future.
Attorney Graves explained it could be discussed, but to undo the
suspension, an ordinance would have to be passed. Councilman
Bookey asked if any filings will be required prior to June 15.
Graves answered yes, the returns will need to be filed to that
date, but no filings will be required after June 15.
Williams stated he was opposed to the suspension of the bed tax
because the hotel/motel industry had been suffering a great deal
during the last three years. They had lots of beds to rent, but
none were doing the proper amount of business to make a profit.
He did not think it was the bed tax that was causing the problem
with the renting of rooms. He felt that a lot of the problem was
being caused by fishing guides who sell packages that include the
bed for free and does a great disservice to the hotel/motel
owners and cheats the city.
Williams added, he did not think the whole issue had been
reviewed. He would like to suspend the tax for one year and see
if that would make a difference, as well as giving time to take
care of the bed & breakfast businesses who were operating, but
who were not signed up in the proper manner (sales tax
collection, conditional use permits, bed tax, etc.). He was not
asking for an automatic date to bring the discussion back.
Councilman Smalley reminded council that when the ordinance was
adopted, council ,stated they would review other means to tax the
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 11
tourism income to the area. Williams noted, as a budget item,
suspending the bed tax would eliminate approximately $102,000 to
the FY96/97 budget.
VOTE:
Williams: No
Moore: Yes
Smalley: Yes
MOTION PASSED.
Bookey: Yes Swarner: Absent
Measles: Absent Bannock: Yes
C-6. Resolution No. 96-37 - Awarding a Contract for
Professional Services for the Alaska Challenger
Learning Center for a Not -to -Exceed Amount of $30,000
to K. Scott and Associates.
MOTION:
Councilman Bannock MOVED for approval of Resolution No. 96-37 and
requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the
motion.
There were no public comments. Councilman Moore asked if the
"development" had anything to do with fund raising. Kathy Scott
answered it did on a percentage fund-raising basis. However, it
was not the plan to add that cost to the city. Williams stated
he has discussed the matter with some professional firms who
would be willing -to do the fund raising work on a contingency
basis.
VOTE:
There were no objections. SO ORDERED.
C-7. Resolution No. 96-38 - Transferring $4,000 in the Water
and Sewer Fund for Instrumentation for Water Analysis.
MOTION:
Councilman Bookey MOVED for approval of Resolution No. 96-38 and
Councilman Moore SECONDED the motion.
There were no public comments. Councilman Moore noted the money
was being transferred from contingency and not from other areas
of the department budget. He asked if council felt comfortable
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 12
with that as he thought contingency should be the last place from
where to look for the money. Kornelis explained that the General
Fund had a contingency for all the department. This contingency
was one that was within the Public Works Department budget.
There was also a contingency in the water/sewer and Sewer
Treatment Plant, but no other budgets.
Finance Director Sweeney stated this contingency was designed for
items like this. Councilman Bookey stated it was his concern
that the money was being taken from somewhere else instead of
taking it from the same budget. If the money was available,
those monies should be considered for transferral and use.
Moore stated if council felt comfortable with the transfer and it
was a policy to do it that way, he would have no problem.
VOTE:
There were no objections. SO ORDERED.
C-S. Resolution No. 96-39 - Awarding a Contract for Third -
Party Environmental Services for Environmental Cleanup
at Lots 13 and 14, Block 1, Cook Inlet Industrial Air
Park to GeoEngineers, Inc. for $12,793.00.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 96-39 and
Councilman Bookey SECONDED the motion.
There were no public comments. Williams noted the lots were
those next to the court house. Engineering Technician Clark
explained this contract was for third party service and
excavation. After the excavation was completed, it would be
remediated.
Attorney Graves flurther explained, it was part of the PRP
settlement/required clean up. The cost would be split with Sante
Fe Drilling and was agreed to when the matter was settled.
Kornelis added, the city would be doing some of the work
themselves and stock piling dirt. Councilman Bookey stated he
wanted to make sure the employees were HazMat trained, etc.
Kornelis stated they were being trained. Williams stated he
thought this would conclude the program to clean up that area.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 13
VOTE:
There were no objections. 80 ORDERED.
C-9. 1996/97 Liquor License Renewal - Withdrawal of Protest
-- American Legion Post #20 - Club.
Clerk Freas explained council had protested
license approximately a month before due to
filings to the Borough. Those amounts and
brought current. Freas requested a motion
protest.
MOTION:
the renewal of this
unpaid taxes and
filings had been
to withdraw the city's
Councilman Smalley MOVED to withdraw the protest of the 1996/97
liquor license renewal for the American Legion Post #20.
Councilman Moore SECONDED the motion. There were no objections.
80 ORDERED.
BREAK TAKEN: 8:10 P.M.
BACK TO ORDER: 8:23 P.M.
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging
Senior Center Director Porter reported the Council on Aging would
meet the next day.
D-2. Airport Commission
Councilman Bannock reported he attended the last meeting for
Councilman Measles. Bannock added, the minutes had not been
completed in time for the packet, however a memorandum was
included that gave a summary of what was discussed.
Bannock reported most of the discussion was regarding the Richka
Subdivision development. A memorandum had been brought to the
Commission from discussion at the Planning & Zoning Commission
meeting in regard to this development. Commissioner Thibodeau
and Bielefeld informed the Commission that airplanes, while in
the air, were regulated by FAA rules.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 14
Airport Manager Ernst stated the city has input, like the float
plane traffic pattern. Regulations for instrument approaches,
etc. were regulated by FAA and deal with height.
Councilman Smalley explained the Richka Subdivision development
discussion was sent to the Airport Commission by the Planning &
Zoning Commission. This was because discussion during the P&Z
meeting was centralized around a request by some Woodland
Subdivision residents to have the city purchase the Richka
Subdivision property. The property could then be a buffer
between the airport and Woodland Subdivision (cutting noise from
the airport, etc.). It was suggested the discussion be forwarded
to the Airport Commission because it had to do with the airport
and possible use of airport funds.
Ernst stated he would prefer the whole discussion be deferred
until after the Master Plan was completed. Also, the only time
the FAA would participate in purchasing property was if it was
deemed a hazard or property was needed for development of the
airport. At this, time, FAA didn't think there was a problem and
probably wouldn't, allow the property to be purchased with airport
funds.
D-3. Harbor Commission
Councilman Bookey, reported the Commission discussed the multi -
leasing of the dock stations. They will discuss this again in
October or. November. There was also extensive discussion in
regard to the dunes and what the council decided to do. The
Commission had some concerns in regard to the council's ideas.
They will discuss the matter further.
D-4. Library commission
Councilman Moore reported the Commission discussed the use of the
Internet by children at the Library and their access being
limited. Also, it was reported there were over 300 responses
received to the Library users' survey. Of those, 179 were city
residents. Most of the comments suggested expanding the
children's area and more space needed for the research area.
There were no negative comments received. Moore added, the
Library Addition Committee was meeting on a regular basis.
D-5. Parks & Recreation Commission
Councilman Bannock reported the minutes of the last meeting were
included in the packet. Sid Maurer attended the meeting and
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 15
discussed the development of cross-country ski trails in the area
aith the Commission.
Parks & Recreation Director McGillivray also reported the
following information:
a. The Elks Convention was being held in the Recreation
Center gym and would be there through Saturday night.
b. They were repairing the beach restroom to get ready for
summer. Vandalism during the winter had been extensive. The
Cunningham Park restroom had not been bothered, probably due to
the proximity to residences in the area.
C. Little League started during the week. Every city
field will be used every night, including Saturdays. The
softball season would begin with the Umpires' Tournament on May
25 and 26.
d. The tent camping area had been opened. There were
about 12 spaces available. More cleaning, etc. would be done
when more summer crew was on line. Tables were in place and
useable.
e. McGillivray thanked the council and prior councils for
the years of cooperation. It had been a unique experience. He
added, it had been a lot of fun and he and his wife enjoyed
living in the area. They were looking forward to retirement, but
would miss Kenai.
Councilman Smalley thanked McGillivray for the service,
dedication and work to the city. The Parks & Recreation
Department had come a long way because of McGillivray's efforts.
Smalley added, he was not surprised about the damage to the beach
restroom.
McGillivray suggested the best plan to protect the restroom would
be to cover the building in the fall. It would not be a
guarantee against vandalism, but it would help.
Mayor Williams wished McGillivray, on behalf of the council and
administration, a happy retirement and thanked him for his great
service to the city.
D-6. Planning & Zoning Commission
Councilman Smalley reported the minutes of the last meeting were
included in the packet. He reviewed and briefly reported the
actions of the Commission. He added, a request had come before
the Commission to make the Richka Subdivision a Prime Residential
Zone. No developers had indicated interest or requested this
type of zone.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 16
Smalley added, the Commission requested council's caution in
expending city funds in regard to the Challenger Center. Due to
the comments in the P&Z minutes about the Center computers and
programs, Mayor Williams explained the operating platforms of
Challenger Centers were upgraded when needed, however, they were
not the same type of computer programs used in other businesses,
etc.
D-7. Miscellaneous Commissions and Committees
D-7a. Beautification Committee
Councilwoman Swarner reported the Committee would meet again next
week.
D-7b. Historic District Board
Councilman Moore reported the Board would meet again on May 28.
Mayor Williams reported the Church had received a $200,000
federal grant for the restoration of the rectory.
D-7c. Challenger Steering Committee
Councilman Bannock reported the Committee had moved into Phase II
of the development of the Center, i.e. looking for funding. They
would meet again on June 13.
D-7d. Kenai Visitors & Convention Bureau Board
1. KVCBB Director Kim Booth reported the Center was
gearing up for the visitor season. She reported she met with
representatives of Korean Airlines. They came to Kenai and loved
the area. They would be increasing their non-stop flights to
Anchorage to seven a week. They were very impressed with the
Kenai Airport and Visitors Center. On May 23, a large group of
Korean travel agents would be visiting Kenai and the Kenai
Peninsula Borough. The agents would be brought directly into
Kenai. She would be working with the Tourism Council to make
their visit to Kenai very enjoyable. There could be a
significant amount of Korean visitors to the Kenai area in the
future.
2. She met with Sunset Travel Magazine (producer of four
magazines a month and seven travel directories). They would be
discussing an Alaska Tourism Travel directory, which if produced,
could mean the State of Alaska reaching about five million people
in regard to tourism.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 17
3. In April through June (the tourism shoulder season),
there were a number of conventions/meetings held in Kenai which
used local hotels/motels, etc. They were the VFW Statewide
meeting; State Elks Convention; medical association convention;
family physicians meeting; and an optometric group.
4. Last year, the Center had 18 volunteers and will again
this year. The Center will be open seven days a week from 9:00
a.m. to 8:00 p.m. (longer than last year). It also looked as
though they will have staff to be at the airport counter
(previously National Car Rental area) for some hours during the
day.
Williams asked if any of the attendees to the various meetings
and conventions complained about having to pay a bed tax. Booth
answered, no, she had not received any complaints.
ITEM E: MINUTES
E-1. Regular Meeting of May 1, 1996.
Approved by consent agenda.
ITEM F: CORRESPONDENCE
None.
ITEM G: OLD BUSINESS
None.
ITEM H: NEW BUSINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED to pay the bills and Councilman Bookey
SECONDED the motion. There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 18
H-2. Purchase Orders Exceeding $2,500
MOTION:
Councilman Smalley MOVED for approval of the purchase orders
exceeding $2,500, with the addition of H-2 distributed at the
beginning of the meeting which showed a change of where money
would be coming from for the Alaska Roadbuilders purchase order.
Councilman Bookey SECONDED the motion.
Councilman Bookey asked if the purchase order to J&D Painting was
an estimate for painting of the entire Visitors Center. Building
Official Springer was in the audience and answered, yes.
Councilman Bannock asked McGillivray if the purchase order for
$9,930 was for playground equipment to be placed at Old Town
Park. McGillivray answered yes. Bannock explained that half of
the cost would be paid by the Kenai Rotary Club.
VOTE:
There were no objections. SO ORDERED.
H-3. Ordinance No. 1696-96 - Increasing Estimated Revenues
and Appropriations by $250 in the 1967 Debt Service
Fund for the Trust Account Administration Fee.
Introduced by consent agenda.
H-4. Ordinance No. 1697-96 - Increasing Estimated Revenues
and Appropriations by $1,600 in the Council on Aging -
Borough Special Revenue Fund for Commemorative Posters.
Introduced by consent agenda.
H-5. Ordinance No. 1698-96 - Adopting the Annual Budget for
the Fiscal Year Commencing July 1, 1996 and Ending June
30, 1997.
Mayor Williams explained that he requested to have this ordinance
taken from the consent agenda in order to discuss the ordinance
and make any necessary changes as there would not be a full
council at the next meeting. (Williams noted he would not be in
attendance and Councilmen Measles and Bookey might not be. If
Measles was unable to attend the meeting, Councilwoman Swarner
would conduct the 6/5/96 meeting.) Williams added, the Code
requires the new budget be adopted by June 10.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 19
MOTION:
Councilman Bannock MOVED for introduction of Ordinance No. 1698-
96 and Councilman Smalley SECONDED the motion.
Williams referred to a list of items he suggested be cut from the
budget. He added, some of the items on the list had already been
cut but were not removed from the last distributed copy of the
budget. Council reviewed the list.
Bannock asked if the snowmobile (for grooming cross-country ski
trails) could be purchased from the Daubenspeck monies.
McGillivray answered it could be, however on the basis of what
had already been taken out for the new budget and the desire to
maintain the fund at a certain level, he suggested it not be
purchased from that fund.
Smalley referred to Page 1 of the list and questioned the color
photo copier and council blinds. He said he thought they had
been removed from the budget at a prior meeting. Finance
Director Sweeney stated that his notes did not say to remove
them.
Council made the following changes:
City Clerk Budget/One Image Station: $3,333 REMOVE
Non-Departmental/Color Copier: 10,600 REMOVE
Williams stated he thought the original amount was for $2,500,
not $1,600.
Fire Department/Fuselage Cutter 80,500 RETAIN
It was explained money had been transferred (in the budget) from
Airport to the Fire Department to purchase the cutter.
Public Works/One computer 3,300 RETAIN
Director Kornelis, explained one of the computers was for the
Administrative Assistant and the other for the city engineer.
They compared upgrading with new purchases and felt, for the
cost, it would be! better to purchase new. The used computer
would be given to the Street Department. Bookey asked of the two
computers, which would be needed more. Kornelis answered neither
of the used equipment would be thrown away. Council decided to
leave both computers in the budget.
Shop/Computer 3,000 RETAIN
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 20
Building/Council Chamber Blinds 2,000 REMOVE
(One of the items previously removed from the budget, but not
taken out of the budget document.)
Parks/Concrete Floor 3,200 REMOVE
McGillivray explained the floor was for the cold storage
building. They have a problem getting equipment in and out of
the building (especially the forklift), however, they had been
able to get along without it.
Parks/Restroom 20,000 RETAIN
Williams stated he wanted council to be sure they were wanting to
build the restroom for the price of $50,000. Bannock stated he
thought $50,000 was an obscene amount for the restroom, but also
felt the park and its users deserved a good restroom. Bookey
stated he had the opportunity to check out the present restroom
and agreed it should be replaced. He added, the park was well -
used and deserved a good restroom. McGillivray explained they
based the cost of this restroom on the cost for the park strip
restroom. There was the probability the restroom could be built
for less.
Parks/Snowmobile 6,500 RETAIN
Smalley stated he supported the purchase of the snowmobile as it
would be another recreation device for winter and the community's
use. Bookey stated he understood the need, but did not feel
comfortable with opening a cross-country ski program through the
Recreation Department for $5,600. Bannock stated he supported
the Parks & Recreation Commission's request for the equipment.
Moore asked if more money would be needed for grooming the
trails. Sweeney answered, when the equipment was placed in the
budget, it was understood the city personnel could take care of
the trails, etc. Costs would increase in gasoline and lubricants
for the snow machine. Council decided to leave the snowmobile in
the budget.
Sewage Treatment Plan/Welder 30,000 RETAIN
Kornelis stated the STP personnel do a lot of welding on the
site. The purchase would be made from the Water/Sewer Fund.
Williams asked if it was necessary to have the welder at the STP.
Kornelis answered yes, the STP personnel do a lot of
modifications themselves. Council agreed to leave the welder in
the budget.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 21
Legislative/AML Conference 1,000 REMOVE
Williams stated he suggested taking out a portion of the budgeted
amount for council to attend the coming year's AML Conference as
the conference would be held in Anchorage. At the time of
budgeting the amount, the conference site was not known. Council
agreed to take out $1,000.
Legislative/NLC Conference 2,500 REMOVE
Mayor Williams suggested deleting half of the budgeted amount
which would allow only one person to attend the conference
(usually two members of council attend, i.e. mayor and
councilmember). Smalley asked if it would be more beneficial to
have two persons attending the Conference? Williams answered it
gives governmental experience to those who attend. The city
would be represented by at least two people as the city manager
usually attends the conference. Council agreed to cut the
budgeted amount in half, allowing for one to attend the
conference..
Councilman Bannock stated he thought the city could cut a large
amount out of the travel budgets of the city. The overall travel
budget averaged $800 per person. He stated, he thought large
cuts could be made and no one would know the difference.
Finance/Beginning Accounting Course 600 REMOVE
Finance/Intermediate Accounting Course 400 REMOVE
Council questioned who would be attending the beginning
accounting course. Sweeney answered, the accounts payable and
accounting techni;-,ian personnel. He added, the personnel stated
the class would be beneficial. Sweeney was asked how long the
accounting people had been working for the city. Sweeney stated
he did not know. Sweeney added, the class was not an update, but
a beginning debit credit class. He also explained what the
intermediate class would entail.
Bookey asked Sweeney if he thought the personnel needed the
classes. Sweeney answered, the class would help the employees
handle changes to their jobs. If their job requirements didn't
change, the classes probably would not be necessary. Manninen
stated, the goal was to get people to be cross -trained as well as
being updated in the latest courses.
Smalley stated he could appreciate and understand the need for
training, however he would expect the personnel to have this
training prior to getting a job with the city. He added, he was
having a hard time supporting the cost for the classes.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 22
Council agreed to remove the costs for both the Beginning and
Intermediate Accounting courses.
Legislative/City Brochures (1/3 cut) 5,000 REMOVE
Williams suggested cutting this budget request by $5,000, leaving
$10,000 in the budget for the brochures.
Legislative/Chamber Brochures 6,000 REMOVE
Williams noted the Chamber Brochures donation was still in the
budget document, but had been removed at an earlier work session.
Legislative/Resource Development Council 10,000 REMOVE
Williams suggested cutting the dues to the RDC, noting that
council had removed it in past budgets, but then added it back
in. Council agreed to remove the dues.
Legislative/City Pins 800 REMOVE
Williams suggested cutting the amount budgeted ($1,800) by $800.
Council had no objections.
Streets, Buildings/Office Expansion 3,500 REMOVE
Kornelis explained the remodeling would be done on the inside of
the building to give more room to the office area. Bookey stated
he wasn't comfortable making any changes in that building until
the environmental concerns are resolved. Bannock asked if the
work could be done for less. Kornelis answered, the work could
be done by city crews for about $3,000. Council agreed to remove
the amount: for the expansion.
Animal Control Building/Repairs $30,000 REMOVE
Williams explained $10,000 would remain in the budget for any
needed roof repairs. Sweeney stated the budgeted amount was
from General Contingency and earmarked for repairs for the
shelter. Williams stated he didn't want to earmark the $30,000
for use on the animal shelter and Bookey agreed. Bookey added,
he thought the money would be wasted on repairs.
Assemblyman Navarre was in the audience and reported on the
progress of the Borough's including funding in their budget for
animal control responsibilities throughout the Borough. Navarre
stated the amount to the municipalities may be smaller. The
Assembly had had no committee meetings on the subject as yet, but
would be holding a budget meeting on Tuesday, May 21. City of
Kenai Animal Control Chief Officer Godek would be attending that
meeting to discuss the matter. Navarre added, he had been
gaining support of the Assembly and from other cities. The
Borough would vote on their budget on June 4.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 23
Williams noted there seemed to be a ground -swell of support for
animal control as he had received many call from people out of
the city in support of animal control. Navarre stated he hoped
they would find a solution.
Council agreed to leave the $30,000 in the budget as contingency
which would amount to $75,000 altogether. There would be
$300,000 as equipment reserves. The $30,000 was not to be
earmarked for repairs to the shelter.
Williams noted there were other amounts remaining in the budget
document which had been removed at earlier work sessions. They
were:
Safety/Ergonomic analysis 1,000 REMOVE
Senior Center/Sidewalk Addition 5,000 REMOVE
Congregate Housing/Sunroom Landscaping 2,000 REMOVE
Williams stated it had been decided at a previous work session
that the landscaping of the sunroom and the sidewalk addition
would be taken from the Senior Center FY96 budget. Sweeney
stated that because they were assets, they needed to be taken
from the Reserve Account. If the amounts were to be cut, they
should be cut from the Reserve Account. It would be a wash.
Sweeney added, to get money from the General Fund he went ahead
and decreased the Repairs & Maintenance by $24,000. $12,000
would be to paint the trim on the building. Williams stated,
council had decided they would not take the money out of the
Congregate Housing Reserve Fund. Director Porter was going to
try to find funds out of her FY96 budget so the Reserve Fund
would not have to be tapped. Sweeney stated that information was
not in his notes. Williams asked if the amount could be taken
from the FY96 budget. Sweeney stated yes.
Williams noted that council would probably have to look for
additional, revenue in the next budget or consider raising taxes
so not to deplete the General Fund. Manninen stated it would not
be the first time the council had taken more than $500,000 from
the General Fund. William stated, council had been told the FY97
budget was tighter than ever. He was concerned, like everyone,
about the budget. The city would be taking a loss from municipal
assistance., etc. and council would have to answer the question of
where the revenue would be coming from.
Approximately $30,000 was cut from the budget.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 24
VOTE ON INTRODUCTION:
Williams: Yes Bookey: Yes
Moore: Yes Measles: Absent
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
H-6. Ordinance No. 1699-96 - Increasing
and Appropriations by $7,000 in the
Additional Playground Improvements
Introduced by consent agenda.
Swarner: Absent
Bannock: Yes
Estimated Revenues
General Fund for
at Municipal Park.
H-7. Approval - Shop Truck - Re -award of Bid.
Kornelis referred to his memorandum included in the packet which
explained that the shop truck was included as combination bid in
July, 1995. As yet, delivery had not been made and he was told
it could be another six months before delivery would be made. He
spoke with Attorney Graves about going to the next bidder and he
was told that would be acceptable. Seekins was the next bid, but
they said they would not honor their original bid. Craycroft
said they would honor their original bid of $22,750. Public
Works Department recommended to cancel the bid with Hutchings and
go with Craycroft. Kornelis added, if council agreed to re -award
the bid, another purchase order would be included in the next
council list of purchase orders over $2,500.
MOTION:
Councilman Smalley MOVED for the city to cancel the bid award to
Hutchings Chevrolet for a shop truck and re -award the bid to
Craycroft Chrysler for $22,750. Councilman Moore SECONDED the
motion.
It was noted it would be a not -to -exceed amount of $22,750.
Councilman Bannock requested to abstain from the action on the
motion as he felt it would be a conflict with his employer.
Williams accepted Bannock's request for abstention and noted it
would take four yes votes to pass the motion.
VOTE:
Williams: Yes Bookey: Yes Swarner: Absent
Moore: Yes Measles: Absent Bannock: Abstain
Smalley: Yes
KENAI CITY COUNCII, MEETING MINUTES
MAY 15, 1996
PAGE 25
MOTION PASSED UNANIMOUSLY.
H-8. Approval. - Ft. Kenay/Mission Street Improvements.
Kornelis referred to a draft letter he included in the packet to
the Department of Transportation in regard to the Mission Street
Improvements. He explained, he received a telephone call from
Mr. Childers at DOT and Childers requested the letter. Kornelis
stated if the right-of-way was dedicated, the roadway would be
maintained by the city. Ownership of the right-of-way would
remain with the city in perpetuity. Smalley questioned the
ownership remaining with the city in perpetuity, asking whether
the city could do that and whether the ownership could change
with future councils.
Williams asked Kornelis if the question of ownership of the
property had been cleared up. Kornelis answered, the church had
ownership of the property and dedicated it.
Graves answered the question of perpetuity stating, perpetuity
would mean that no future council could change the ownership.
The courts have found this to be invalid. Graves added, it was a
legitimate concern.
Smalley stated he didn't have a problem with the city maintaining
the roadway, but was concerned about the statement in the letter
of perpetuity. Smalley suggested a decision be made by council
before getting agreements, etc.
Graves stated he would contact DOT and discuss whether they
really needed the statement of perpetuity or if there would be a
problem if the city did not include that in the letter. Williams
suggested council have administration work out the perpetuity
question with the State and get on with the project. There were
no objections from council.
H-9. Discussion - Aircraft Recovery Fire Fighting School
(ARFF) - Authorization to Proceed with Design.
Williams gave a brief report of presentations made in regard to
the ARFF and added., if the project goes forward, it will be the
largest capital project ever taken on by the city. He referred
to the information. distributed to council which highlighted cost
information, etc.
Bill Booth of Interact Group (contracted by the city to help in
the presentations and submission of the grant to FAA for funding
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 26
to build the ARFF) reviewed the information distributed to
council which included a site plan of a similar school under
construction in Helena, MT; brochure of information of the ARFF
built in Duluth which stated the facility uses clean -burning
propane to simulate aircraft fires, eliminating the need for
dirty jet fuel fires, etc.; construction cost estimates for the
Alaskan ARFF in Kenai; and funding options available.
Booth explained, the proposed facility for Kenai would be almost
the same size as the Helena facility and would have the same
capabilities as other year-round, all-weather facilities. Land
on which the facility would be built is on Marathon Road. A site
map was being developed.
Booth reviewed the cost estimates with council. The proposed
cost was estimated at $7,280,000. This cost included the burn
system, infrastructure, classrooms, office, vehicle storage,
roads and utilities, engineering and truck/equipment.
Funding options reviewed were:
Option No. 1
$7,280,000 Total Cost
6,825,000 FAA Grant (93.75%)
455,000 Kenai Participation (6.25%)
Option No. 2
$7,280,000 Total Cost
6,325,000 FAA Grant
-500,000 Kenai Entitlement
455,000 Kenai Participation
(Kenai total = $955,000)
Williams explained the city had $1.5 million in entitlements of
which it had been planned to use for taxiway extensions. A
portion of the entitlements could be used for the ARFF
development and the taxiway extension delayed. The $455,000
would be taken from Airport Lands funds which has approximately
$15 million in total. If the package was successfully
negotiated, approximately $7 million of the cost would come from
FAA grants. The use of the Airport Land System funds could be
equated as an economic development factor through the fire
training facility.
Ernst explained, carry-over funds are usually used for taxiway
extensions and but could be used as an enticement to get the
State to buy off on the project. That is what the $500,000 is.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 27
Bookey asked if the $455,000 would be coming out of the General
Fund. Ernst answered no. Ernst added, that amount is split with
the state.
Booth reported that over the last five weeks, he, Ernst and Fire
Chief Burnett had been doing public relations work throughout the
state, speaking with the Fire Chiefs Association, DOT
representatives, city managers, etc. The would continue with
those efforts, accumulating input for training curriculum,
guidance, etc.
Williams added, tlhe opportunity had a very narrow window for
acquiring funding (August 1). This ARFF could be the last one
built. There was $16 million in funding for ARFF facilities.
They were attempting to have Senator Stevens get funding
designated to Kenai.
Booth reported the grant request for funds would be ready by ,Tune
14 and submitted shortly thereafter. They were asking area
legislators for support and would include their letters of
support in the grant package. Booth, Ernst and Burnett will
travel to Duluth and Helena to observe those facilities.
Williams added, letters of support had been received from the
Alaska Speaker of the House and President of the Senate.
Additional support would be requested from the Governor. Also,
Senator Stevens had assigned a staff member to work with Kenai in
regard to the ARFIF.
Bookey asked if the University of Alaska would run the facility.
Williams answered,,, the city would own the facility. The FAA has
no problem in contracting out the operation of the facility. An
operational package could be negotiated with the University if
that is what is decided. Bookey stated he would not be
comfortable with the city running the facility. Williams stated
it was more than likely the University would run the facility. A
decision of that nature could not be made in time to include it
in the grant application.
Ernst added, the Helena/Duluth trip would be to investigate the
best way to operate the facility. Booth would be accompanying
them to see how they are structured. Williams stated he had
requested Attorney Graves to travel with them to investigate how
the contracts should be structured to protect the city's
interest.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 28
H-10. Discussion - FAA Land Trade, Antenna Farm Relocation,
and Proposed Flight Service Station Expansion.
Williams reported the local FAA personnel stated their concern
the city not push the issue for grant monies to build the FSS
expansion. If the city requests funding to build it, it would
look bad for the local FAA because they had been requesting
funding for other things which have been denied. They didn't
want to use FAA grant funds at this time.
Williams added, he told them the city would wait until the issue
land, overall costs, grants, etc. can be discussed. Bookey asked
if it was their intention for the city to do the expansion.
Williams answered, they were trying to find a way to do the
expansion, perhaps by using airport monies.
H-11. Economic Development Report
Manninen stated the report was more of a city manager's report
for FY95/96 which included accomplishments of all the departments
for FY95/96 and proposed 96/97 plans. He added, the report also
included some recommendations for council action, i.e. bonus for
members of the Kenai Work Group Position Pay Plan Study that
council had just adopted (Cost to the city was less because the
work was done in-house and he recommended a $500 one-time
bonus.); the personnel policy updates, including the FLSA
guideline conformance; and an EDD report.
Manninen reported EDD had applied for an EDA grant (that passed
the EDA Seattle with their recommendation off to Washington, DC)
for $1 million which they would use to retire the debt on the
purchase of the building and subsequent renovations.
Manninen also reported two areas were being considered for the
iron carbide project, i.e. Nikiski and Tyonek. Manninen noted
the success of the projects was a group effort. The iron carbid
development could include 60 jobs for the community and would be
a boost to the economy.
Manninen stated he hoped his and administration's actions were
carrying out the council's directives and going the right
direction.
Bookey asked if the incubator program was progressing as far as
EDD was concerned? Manninen answered, there was no one leasing
space for manufacturing. However, they had several start and
stops but there had been no decisions to have anyone go in there.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 29
There were people proposing things from building fiberglass
kayaks to building satellite systems, woodworking, etc. but no
one was in there at that time.
Bookey asked if there seemed to be an interest toward it.
Manninen answered, EDD hired a new BIC director, who had local
banking experience. He thought the new director would get things
up and running. At this time, it was too early to tell, but
there were always leads that have to be developed.
Williams requested, due to the late hour, the executive session
for the evaluation of the City Clerk and City Attorney be held
until a later date.
Assemblyman Navarre requested Item J of
forward prior to the executive session
discussion. Council had no objections.
ITEM J: DI13CUSSION
J-1. Citizen:
the agenda be moved
regarding personnel
Tim Navarre - Stared he had received telephone calls from members
of the public in regard to the newspaper editorial, articles,
etc. about the city manager contract discussions. He also
discussed the matter with local legislators while in Juneau.
Those discussions,, as well as discussions with members of the
public, had been in strong support of the city manager. He
added, he felt that spoke highly of the manager. His opinion was
that the public viewed Manninen as a very dedicated city manager.
Navarre added, Manninen had more of an open-door policy than what
he had seen before. He had also been involved with city issues,
participated as a board member, offering input, attended extra
meetings to different area organizations, fundraising, golf
tournaments, etc. and was communicating with the public.
Navarre stated he thought the public would ask council why the
discussions and concerns about the city manager contract.
Navarre discussed past city managers and their problems and
dedication to the city and referred to the service of Bill
Brighton. Navarre stated he saw the same caring of Brighton had
for the city in Manninen. Long-term hires of managers gives
stability to the c;;ommunity and he added, he felt the citizens of
the community still believed in Manninen as well as he did. He
also stated, he thought Manninen had a lot of assets for the city
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 30
and felt the city was fortunate to have him as manager. He
hoped, through the council's discussions, etc. in regard to the
manager's contract, differences would be worked out between the
council and members of administration with Manninen.
From his discussions, telephone calls, etc., he felt the city had
a good city manager and was worth fighting for and keeping him as
a manager if they could.
Councilman Smalley stated he felt obliged to state, never, never
take for truth what's necessarily printed in the newspaper. The
article was an editorial column and was strictly opinionated and
some of the information was not correct. He added, he felt
sometimes things get created in a community for print, however he
appreciated Navarre's comments.
EXECUTIVE SESSION - Personnel Discussion.
MOTION:
Councilman Bookey MOVED to convene in executive session of the
council of the City of Kenai concerning matters with the city
manager that tend to prejudice the reputation of another. He
requested the city manager attend. Councilman Smalley SECONDED
the motion.
VOTE:
Williams: Yes Bookey: Yes Swarner: Absent
Moore: Yes Measles: Absent Bannock: Yes
Smalley: Yes
MOTION PASSED UNANIMOUSLY.
Williams requested the session begin in approximately five
minutes and council would then meet in the back conference room.
EXECUTIVE SESSION: 10:53 P.M.
BACK TO ORDER: 1:06 A.M. (May 16, 1996)
Councilman Smalley reported during the executive session, the
council discussed the developing and offering of a severance
agreement to Mr. Manninen, the terms of which would be discussed
with Mr. Manninen in an executive session at the June 19, 1996
meeting.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 31
EXECUTIVE SESSION - City Clerk and City Attorney Evaluations.
(Held until a future meeting.)
ITEM I: ADMINISTRATION REPORTS
Mayor Williams asked, due to the latest of the hour, if
administration reports could be deferred, only speaking to items
of importance.
I-1. Mayor
a. Summer Youth Employment Program -Williams referred to
a letter from Frontier Community Services which was distributed
at the beginning of the meeting. Williams noted Frontier
Services would be administering the Summer Youth Employment
Program for disadvantaged youth, ages 14 to 21 through the Job
Training Partnership Act (JTPA) and were asking if departments
within the city were interested in having a JTPA youth work for
them during the summer. It was noted the Workers' Compensation
would be covered by Frontier as well as pay.
There were no objections from council for the city to take part
in the program.
b. Kenai Peninsula Municipal Coalition - Williams referred
to a memorandum included in the packet which announced the
scheduled Kenai Peninsula Municipal Coalition meeting to be held
in Homer on June 5. Williams noted councilmembers should inform
the clerk if they will be attending.
I-2. City Manager
No report.
I-3. Attorney
No report.
I-4. City Clerk
No report.
I-5. Finance Director
No report.
KENAI CITY COUNCIL MEETING MINUTES
MAY 15, 1996
PAGE 32
I-6. Public Works Director
Kornelis reported the wellhouse bid proposal was out and
available. Bookey noted the water pressure was down and Kornelis
explained it was due mostly to the amount of users, i.e. normal
use and added use by watering lawns, etc. Kornelis added, they
were watching the tank and it was full, filling back up at night.
I-7. Airport Manager
No report.
J-1. DISCUSSION
J-2. Council
No comments.
ITEM K:
The meeting adjourned at approximately 1:13 a.m. (May 16, 1996).
Minutes transcribed and submitted by:
Carol L. Freas, City Clerk
PAYMENTS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL
COUNCIL MEETING OF:
J U N E 5, 1996
VENDOR
DESCRIPTION
FOR RATIFICATION:
HOMER ELEC INC ASSN.
ELECTRICAL USAGE
ALASKHN FEDERAL C.U.
VOLUNTARY DEDUCTIONS
NATIONAL BANK OF AK
MAY WITHHOLDINGS
ICMA
MAY 457
ENSTAR
GAS USAGE
NACO
MAY 457
BLUE CROSS OF AK
INSURANCE
PAGE ONE
DEPARTMENT
ACCOUNT
AMOUNT
SEWER
UTILITIES
$3,132.30
VARIOUS
LIABILITY
$14,647.00
VARIOUS
LIABILITY
$57,465.31
VARIOUS
LIABILITY
$15,140.00
VARIOUS
UTILITIES
$6,959.04
VARIOUS
LIABILITY
$4,125.00
VARIOUS
INSURANCE
$32,009.64
FOR APPROVAL:
KACHEMAK ELECTRIC REWIRING OF TERMINALS
WITH CAD 5 TO ACCOMMODATE
NEW COMPUTERS
LIBRARY MACH. AND EQUIP. $4,995.87 OVER P.O. BY $2495.87
(THE CONDUIT IN THE CEMENT
FLOORING HAD BROKEN AND
COULDN'T BE REMOVED,
NEW C:ONFibi T HAD T -I-,- ..... . .. .
ABOVEGROUND.)
snot JVA snOR:IVA Z9*999'£Z 'SV32li IVNiN30 'SV3NI -lVNIN30 031S3AN13�1 iS3N3iNI L/9 dl-lW.
iS3831NI GlVd3Hd'IONI
% LOZ'9
%00'9 09- H7L'966 SV3di -IV?A1N30 SV32Jl -lV2AIN30
96/Lc/g gno SMON'svmji s'n
C/9 V8N
III
I
IS38JINI UjlvdJdd UNI
1%9LV9
%SLR'g L£'LC0'000'L 'SV3?Jl IVbUN30 *SV3b1 IVHIN30
96/0V17 3no S31ON 'SV38i'S 'n
C/9 V8NI
........ ........ ..... ... . .... .. .. - - ----- -- - -------------------- --- -
---- ------ --- ----- ----- ------- -
3AII03-4n
NOdnoo it4nom iNn000v IN3WINV830
NO]IdIUOS3C
NOUN3A!
:NOIIVOI-AIIV?J NOA
SIN3WIS3ANI
ONU 3SVd 966 L '9 3Nnr
:A0 ON1133W 110NMO
SIN3M1S3ANI IVAUJddV 11ONf)00 ?BOA SIN3VYAVd
PURCHASE ORDERS OVER $2,500.00 WHICH NEED COUNCIL AP" \L
COUNCIL MEETING OF:
JUNE 5, 1996
VENDOR
DESCRIPTION
DEPARTMENT
ACCOUNT
AMOUNT
AMERITECH LIBRARY SERV.
COMPUTERMIORKSTATION
LIBRARY
MACH AND EQUIP
$2,820.00
AND MONITOR
J AND D CUSTOM PAINTING
EXTERIOR PAINTING ON
BUILDINGS
REPAIR AND MAIN.
$3,800.00
VISITOR'S CENTER
MOLECUTECH CORP.
WATERCLEAR POLYMER BAGS
STP
OPERATING SUPPLIES
$4,854.60
APPROVAL FOR THE FOLLOWING P.O_'S IS REQUESTED IF FY96-97 BUDGET HAS BEEN APPROVED:
M & C JANITORIAL
FY JANITORIAL SERV.
POLICE
REPAIR AND MAIN.
$9,432.00
FRONTIER TRAINING
FY JANITORIAL SERV./CITY HALL
NON-DEPT.
REPAIR AND MAIN.
$9,900.00
FRONTIER TRAINING
FY JANITORIAL SERV.
LIBRARY
REPAIR AND MAIN.
$6,760.80
M & C JANITORIAL
FY JANITORIAL SERV.N. CENTER
VISITORS CENTER
REPAIR AND MAIN.
$9,951.00
EASTMAN KODAK
FY MAIN. CONTRACT FOR
COMMUNICATIONS
REPAIR AND MAIN.
$13,188,00
KAR SYSTEM
LAW ENFORCE. TV NETWORK
FY SUBSCRIPTION TO L.E.T.N.
POLICE
DUES AND PUBLICATIONS
$3,456.00
IKON CAPITAL
FY COPIER LEASE RENEWAL
POLICE
PRINTING AND BIND.
$3,321.60
SOUTHCENTRAL COMMUNIC
FY RADIO MAIN. CONTRACT
COMMUNICATIONS
REPAIR AND MAIN.
$8,988.00
GUARDIAN SECURITY
FY SECURITY SERVICES
AIRPORT TERMINAL
REPAIR AND MAIN
$15,330.00
GREENSCAPES, INC
FY PLANTS AND MAINTENANCE
AIRPORT TERMINAL
RENTALS
$4,980.00
JOE'S LAUNDRY
FY WALK -OFF MATS
AIRPORT TERMINAL
REPAIR AND MAIN
$4.440 00
HEAVEN SCENT JANITORIAL
FY JANITORIAL SERV./A.P. TERM.
AIRPORT TERMINAL
REPAIR AND MAIN.
$20,340.00
CITY OF KEN
&I Capi&l 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
1III�f
1992
MEMORANDUM
TO: Mayor John Williams and City Council Members
FROM: C4-d Cary R. Graves, City Attorney
DATE: May 30, 1996
RE: Amending the Conflict of Interest Reporting Requirement
for the City of Kenai
Council requested that I examine the City and State conflict of interest reporting requirements in
order to bring the City requirements up to date. Council also wanted to look at eliminating the
reporting requirements for department heads, except for the City Attorney, the City Clerk and the
City Manager.
The first proposed ordinance (#1700-96) simply eliminates the reporting requirements for those
department heads. It does so by excluding them from the definition of "municipal officer" in
Chapter 1.85 of the code. There is no State reporting requirement for them, so they would no
longer be required to file reports.
The second ordinance (#1701-96) seeks to bring the City and State requirements in to closer
conformity. Right now (with two exceptions) the State reporting requirements are generally stricter
than the City requirements. Because of that, city candidates, Council members and municipal
officers must follow the more stringent State requirements and the two areas where City
requirements are more stringent. Those areas are in reporting contracts, and business with the City
or municipal officers. The proposed ordinance merges these two requirements into the City code.
That is, the City requirements would be those required by State law and the City requirements that
they report business dealings with the City or municipal officers.
My goal was not to change the reporting requirements (except for departments heads), but rather
to simplify the code to make it more understandable. Because the legislative format of Ordinance
#1701-96 is somewhat hard to follow, I have attached a sample of what KMC 1.85.020 would look
like if Ordinance 1701-96 is enacted.
Please let me know if you have any questions.
Attachments
Suggested by: Cot
CITY OF KENAI
ORDINANCE NO. 1700-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE 1.85 TO REMOVE THE REQUIREMENT THAT
DEPARTMENT HEADS FILE FINANCIAL DISCLOSURE AND CONFLICT OF INTEREST
STATEMENTS.
WHEREAS, under KMC 1.85.070 City Department Heads are included in the definition of
"Municipal Officers" and, therefore, are required to fill out financial and conflict of interest
statements; and
WHEREAS, City Department Heads are not required to do so under state law; and
WHEREAS, the Council of the City of Kenai believes that City Council members, candidates
for Council, the City Manager, the City Clerk, and the City Attorney, but not department heads,
should be required to fill out financial disclosure and conflict of interest forms;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT KMC 1.85.070 is amended to read as follows:
1.85.070 Definitions as Used in This Chapter: (a) "Municipal Officer" means the
Mayor, City Manager, Members of Council, City Attorney[,] and City Clerk [, AND
DEPARTMENT HEADS] .
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of June,
1996.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced: June 5, 1996
Adopted: June 19, 1996
Effective: July 19, 1996
May 15, 1996 (sp)
Suggested by: Cor
CITY OF KENAI
ORDINANCE NO. 1701-96
� - t
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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.
WHEREAS, the State of Alaska reporting requirements for financial disclosure and conflict of
interest under AS 39.50.030 are generally more strict than the reporting requirements under
KMC 1.85.020; and
WHEREAS, when the reporting requirements are in conflict the City must follow the more
restrictive of state or city law; and
WHEREAS, it is in the best interest of the City of Kenai to structure its conflict of interest and
disclosure requirements to more closely coincide with the State of Alaska's requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT KMC 1.85.020(b) is amended to read as follows:
1.85.020 Contents of Statement:
(b) The statement filed shall include the following information relating to the
municipal officer or candidate and the officer's or candidate's spouse, dependent children
and non-dependent children residing with the officer or candidate[.]_
(1) [THE SOURCE OF ALL INCOME OF $1,000 OR MORE
RECEIVED AS DIVIDENDS OR INTEREST] That information required to be
re rtrted by the state under AS 39.50.030(b);
(2) [THE SOURCE OF ALL OTHER INCOME OVER $5,000
INCLUDING CAPITAL GAINS, RECEIVED DURING THE PRECEDING
CALENDAR YEAR] A list of all contracts bids, or offers to contract with the
City of Kenai during the preceding year, including those made through a
proprietorship, partnership or corporation in which he or a member of his
family, or a combination of them hold a controlling interest;
(3) [THE NAME AND ADDRESS OF EACH BUSINESS ENTITY
OWNED OR IN WHICH AN INTEREST WAS HELD DURING THE
PRECEDING CALENDAR YEAR, INCLUDING A STATEMENT OF THE
MATURE OF THE INTEREST OWNED OR HELD] A description of each
business or financial dealing, transaction or arrangement entered into with any
other municipal officer of the City of Kenai.
[(4) THE NAME AND ADDRESS OF EACH BUSINESS IN WHICH
HE IS AN OFFICER, DIRECTOR, MANAGER, OR EMPLOYEE DURING
THE PRECEDING CALENDAR YEAR;
(5) A DESCRIPTION OF EACH INTEREST IN REAL PROPERTY
AND A STATEMENT OF THE NATURE OF THE INTEREST OWNED;
(6) EACH LOAN, LOAN GUARANTEE, OR OTHER
INDEBTEDNESS OF $5,000 OR MORE, INCLUDING THE IDENTITY OF
THE MAKER OF THE LOAN AND EACH CREDITOR AND THE NATURE
AND TERMS OF THE TRANSACTION;
(7) A LIST OF ALL CONTRACTS, BIDS, OR OFFERS TO
CONTRACT WITH THE CITY OF KENAI DURING THE PRECEDING
YEAR, INCLUDING THOSE MADE THROUGH A PROPRIETORSHIP,
PARTNERSHIP, OR CORPORATION IN WHICH HE OR A MEMBER OF
HIS FAMILY, OR A COMBINATION OF THEM, HOLD A CONTROLLING
INTEREST;
(8) A LIST OF EACH MINERAL, TIMBER, OIL, OR OTHER
NATURAL RESOURCE LEASE HELD, OR LEASE OFFER MADE DURING
THE PRECEDING CALENDAR YEAR, INCLUDING THOSE HELD OR
MADE BY A PARTNERSHIP OR PROFESSIONAL CORPORATION, OR A
CORPORATION IN WHICH THE OFFICER, CANDIDATE, HIS SPOUSE OR
CHILDREN, OR A COMBINATION OF THEM, HOLD A CONTROLLING
INTEREST; AND,
(9) A DESCRIPTION OF EACH BUSINESS OR FINANCIAL
DEALING, TRANSACTION, OR ARRANGEMENT ENTERED INTO WITH
ANY OTHER MUNICIPAL OFFICER OF THE CITY OF KENAI.]
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of June,
1996.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
May 15, 1996 (sp)
June 5, 1996
June 19, 1996
July 19, 1996
1.85.020 Contents of Statement: (a) The statement filed by a municipal officer or
candidate under this chapter shall be an accurate representation of the financial affairs of the
municipal officer or candidate and shall also reflect the business interests and sources of income
for the officer's or candidate's spouse, dependent children, and non-dependent children residing
with the officer or candidate, to the extent those sources of income or business interests are
ascertainable by the officer or candidate. Household goods and personal effects need not be
identified.
(b) The statement filed shall include the following information relating to the municipal
officer or candidate and the officer's or candidate's spouse, dependent children and non-
dependent children residing with the officer or candidate:
(1) That information required to be reported by the state under AS 39.50.030(b) ;
(2) A list of all contracts, bids, or offers to contract with the City of Kenai
during the preceding year, including those made through a proprietorship, partnership,
or corporation in which he or a member of his family, or a combination of them, hold
a controlling interest;
(3) A description of each business or financial dealing, transaction, or
arrangement entered into with any other municipal officer of the City of Kenai.
(c) The statement shall be filed on a form prescribed by the City Clerk.
Suggested by:
City of Kenai
ORDINANCE NO. 1702-96
Finance
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
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.
WHEREAS, it has been determined that a permanent restroom
facility should be constructed in the Municipal Park on
Forest Drive; and
WHEREAS, the cost of construction is to be partially funded,
in the amount of $30,000, by reappropriating unexpended
funds in the FY96 operating budget; and
WHEREAS, insurance outlays have been much less than expected
this fiscal year, thus leaving surplus funds in the general
insurance account which are suitable for reappropriation.
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
Decrease Appropriations:
Non -Departmental Department
Insurance $30,000
Increase Appropriations:
Non -Departmental Department
Transfers Out $30,000
Parks Restroom Capital Project Fund
Increase Estimated Revenues:
Transfers from General Fund $30,000
Increase Appropriations:
Administration $ 500
Construct 29,500
Ordinance No. 1702-96
Page Two
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
Introduced: June 5, 1996
Adopted: June 19, 1996
Effective: June 19, 1996
Approved by Finance:
(5/29/96) kl
Suggested by: Fire Department
City of Kenai
ORDINANCE NO. 1703-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
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.
WHEREAS, the Kenai Fire Department has determined that the
Boating Facility's boat engine and propellers, and the Fire
Department's mustang survival suits were damaged by
extensive use in last year's Kenai River flood; and
WHEREAS, the City of Kenai has applied for, and received,
$14,688.19 in reimbursement for flood -related expenditures
from the Federal Government, and the reimbursement has been
accounted for as a miscellaneous revenue; and
WHEREAS, total miscellaneous revenue this fiscal year is
$66,821, thus exceeding budgeted revenue of $20,000 by
$46,821; and
WHEREAS, department heads have determined that replacement
of the boat motor, props, and survival suits is necessary
for operational and safety reasons; and
WHEREAS, the cost of the motor and props is $5,350 and the
cost of the suits $430 each (for a total of $860).
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:
Miscellaneous Revenue $6,210
Increase Appropriations:
Non -Departmental Department
Transfers Out $5,350
Fire Department
Small Tools & Minor Equipment $ 860
Ordinance No. 1703-96
Page Two
Boating Facility Fund
Increase Estimated Revenues:
Transfers J.rom General Fund $5,350
Increase Appropriations:
Boating Facility Department
Machinery & Equipment $5,350
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
Introduced: June 5, 1996
Adopted: June 19, 1996
Effective: June 19, 1996
Approved by Finance
(5/31/96)
kl
Suggested by: Planning & Zoning Coma......
CITY OF KENAI
ORDINANCE NO. 1704-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
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.
WHEREAS, the Planning & Zoning Commission were requested by a citizen of Kenai to
consider amending the Kenai Municipal Code to establish a Prime Residential Zone;
and,
WHEREAS, the Planning & Zoning Commission received public comment at meetings
held in April and May, 1996 and during a duly advertised public hearing on May 22,
1996; and,
WHEREAS, the Planning & Zoning Commission, through passage of their PZ
Resolution No. 96-41, determined current zones already a part of the Kenai Municipal
Code, do not address the development requirements of a Prime Residential Zone and
recommended this zone be added to the as Kenai Municipal Code Chapter 14.20.095 and
appropriate amendments be made to the Land Use and Development Requirements
Tables.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, a prime residential zone be added to the Kenai Municipal Code as
Chapter 14.20.095 and the Land Use and Development Requirements Tables as
presented in Attachment "A."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of
June, 1996.
ATTEST:
Carol L. Freas, City Clerk
John J. Williams, Mayor
First Reading: June 5, 1996
Second Reading: June 19, 1996
Effective Date: July 19, 1996
1410.095 Prime Residential Zone (RP)
(a) Intent. The RP Zone is intended to provide for medium density residential
development that will provide a rural ambiance with higher standard residences. The
specific intent is establishing this zone is:
(1) To separate residential structures to an extent which will:
[i] Allow for adequate light, air, and privacy;
[ii] Preserve the rural, open quality of the environment;
[iii] Provide for stable property values by setting higher
development standards.
(2) To prohibit uses which would:
[i] Violate the residential character of the environment;
[ii] Generate heavy traffic in predominantly residential areas.
(b) Principal Permitted Uses: As allowed in Land Use Table and subject to the
provisions of this chapter.
(c) Conditional Uses: As allowed in Land Use Table and subject to the provisions
of this chapter.
(d) Accessory Uses: As defined in this chapter. (See Definitions.)
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As described in Development Requirements
Table.
(g) Parking Requirements: As required by this chapter.
Page 1 of 6
Attachment A
Ordinance No. 17041-96
LAND USE TABLE
KEY: P = Principal Permitted Use
C = Conditional Use
S - Secondary Use
a - Not permitted
Table 1 of 3
MOTE: Reference footnotes
on following pages for
additiorat restrictions.
0MG DLS'1'RICTS
C
` RR
RR'
RS
RS
RS
RU
CC
CG
IL
Ifi ,
R
T
LAND USES
1
1
2
S
RP
H�
RESIDENTIAL
One Family Dwelling
I I P P
I P I P I P
P I S S' I SZ
I P I P
P
Two Famil} Dwelling
I
P P
I P P I P
P I S I I
I P I P
N
Three,,Four Family
I P I
P
I
I P
I S j S
Dwelling
I
f amilr
I C3 I
P
P
I S I S' I
(
N
Dwell ngFiveiSix
j
Seven or %lore 'C.
I j s i!
I
Cs I ! P I S I S' I
I
C
N
Family Dwelling
I I
Townhouses ` I C I
I C i j j C
Mobile Homes
Home
Parks
C
C
N
6obile
'tanned Unit
Residential
C
C
C
N
Development T
N
CObM RCIAL :.. :
Automotive Sales
I
P
P
P
I
N
Automotive Service
Stations
P
P
P
I
N
Banks
P
P
I
N
Business/Consumer
Services
P
P
C
N
Hotels/Motels
P
P
C I
N
Professional Offices
P
P
P
P
P
S I P
N
Restaurants
Ca
P
P
C I C
N
Retail/Wholesale
P
P
P
P
C I C
N
Business
Theaters/
Commercial
P
P
P
C
N
Recreation
age 2 of 6
Attachment A
Ordinance No. 104-96
CITY OF KENAI
LAND USE TABLE
LET: v = PrincipaL Permitted Use MOTE: Reference footnotes
c = Conditional Use an foLLoring pages for
S = Secarrdary Use additionst restrictions.
M = Not permitted
Table 2 of 3
Manufacturing/
Fabricating/
Assembly/Storage
P
P
N
Warehouses
P
P
N
N
+crONAL
ff
P
P
N
Pto
Pla
P10
P10
0
PCis
P
C
N
C
C
C
C
C
I
I
N
Elementary Schools
C
C
C+
C
C
I
C'y
Governmental
Buildings
I
C
C
C
I
C
N
High Schools
C
C
C
C
C
N
Hospitals
C
C
C
C
C
N
Libraries
C12 I P
P
P
C'B
Museums
P
P
P
N
Parks and Recreation
P
S
S
S
S
S I
P
P
C
Public Facilities
I
C I C
C
P
C
N
Sanitariums
C
C
C
C
I
C
I
N
Page 3 of 6
Attachment A
Ordinance No. 1704-96
CITY OF KENAI
LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference footnotes
C = Conditional Use an following pages for
S = Secondary Use additional restrictions.
N - Not permitted
Table 3 of 3
Z01UNG DISTRICTS
C
<" RR
RR
RS
RS
RS
RU
CC
CG
II:
IH''
R
T
LAND:..,SES
1
S
RP
k
H
MISCELLANEOUS
Animal Boarding 73
C
C
I
I
C
I
I
I
i
N
Bed & Breakfasts
C
C
C
C
C
N
Cabin Rentals
C
C
N
Cemeteries
C
N
Crematories
C
C
C
C
N
Day Care Centers 12
C
C
C
C
C
C
C
C
C
Dormitories/
P
S1
S
C
N
Boarding Houses
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/Gardening/
P
P
P
N
General Agriculture
greenhouses/Tree
C
C
C
C
C
C
N
arserles 13
Assemblages 15
(Large: Circuses,
C
C
C
C
C
C
N
Fairs, etc.)
Lodges/Fraternal
P
P
C
N
Organizations
Nursing,
Convalescent or
C
C
P
P
N
Rest Homes
Parking, Off -Street
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Parking, Public
C
C
C
P
C
N
Lots 12
Private Clubs
P
P
P
S
C
N
Radio/TV
P
P
P
S
N
Transmitters
Recreational Vehicle
C
C
C
C
C
C
C
N
Parks
Social Halls
I P
P
C
N
Subsurface Ext-
raction of Natural
C
C
C
C
C
C
C
C
C
C
C
N
Resources 16
Iurface Extraction of
C
C
C
C
C
C
C
C
C
C
C
N
Natural Resources 17
Union Halls
I
P
P
C
N
Page 4 of 6
Attachment A CITY OF KENAI
Ordinance No. 1704-96
DENFLOPMENT REQUIREMENTSTABLE'
Page 1 of 2
ZONING DISTRICTS
"USES
RR
RRI
RS
RSl
RS2
RU / TSH
T>,
IH CC CG`
R
RP
MINIMUM LOT AREA
(sq(fare feet)
See individual
sections of
" k-oue for the
requirements
I5,0(Xl
public water and/or sewer
20,000
r ,,200,
i2,500
7,206
7,2(iu
a,WU
20,(xX)
Without
public water and/or sewer
-
4U,0(x)
40,(KK)
7.200
20,000
7 200
7,200
5,000
40,000
"
MINIMUM MULTI- ;
FAMILY lt] Yt' AREA
(Square feet)
Four Family Dwelling
with water/sewer
20,(XX)
9,600
---
---
7,200
Four Family Dwelling
without water/sewer
40,000
- -
---
9,6(X)
10,000
---
---
7,2(X)
---
Five Family Dwelling
--
Subject to Approval
of Commission
_— Sir Family Dwelling
---
12,(N10
--
--
-
Seven Family Dwelling
---
6-07/26/91
CITY OF KENAI
o>ro
n rt W
a rt Lq
rW(D
�J 0
W .13-cn
�J �9
0(D0
(D rh
rt
z M
o P
DEVELOPMENT REQUIREMENTS TABLE
Page 2 of 2
Z0NIN0' DISTRICTS
USES
RR
RRI
RS
RSI
RS2
RU ! TSH
IL
IH CC CG
R
RP
MINIMUM )L.OT;;WIDTH
90
90
60
60
60
60
60
90
80
(feet)
MINIMUM YARD SIZE
See individual
front
25
25
25
25
25
10
25
25
25
Side
15
15
5 1
1
5'
S z
15
sections of
.5
Code for the
15
15
requirements
Rear
20
20
20
20
20
102
20
20
20
MAXIMUM LOT COVERAGE
30%
30%
30%
30%
30%
40%
---
30%
30%
MAXIMUM HEIGHT (in feet)
35
35
35
35
35
---
---
--
35
For structures with a daylight basement, the minimum side yard shall be ten (10) feet, and for structures two or more full stories in height the side yard shall be 15 feet. For the purposes of
its table only, a "daylight basement" shall mean a structure
where the ground floor is 30 or more inches below grade; and a structure where the ground floor is less than 30
inches below grade, as
I out above, shall be considered a full story.
Fxcept that for each story over two stories, each
side and rear yard shall be increased three feet, but need not exceed 14 feet for each side yard and 19 feet for the rear yard.
;56-07/26/91
CITY OF KENAI
ovro
nrta
a rt w
• a m
0�1
. m
Ijo
rt, �-n
J
O > M
I
cT
CITY OF KEN.
..t
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
FAX 907-283-3014 bVIAME1
IFA..bah
IIII�1
1"2
MEMORANDUM
TO: Mayor John Williams and City Council Members
FROM: Pat Porter, Senior Services Director
DATE: May 31, 19%
RE: Award of Contract for Vintage Pointe Manor Building Management Services
The bid opening for this contract is Monday, June 3, at 2:00 p.m. I will be prepared to make
a recommendation at the Council meeting on June 5, 1996.
I have attached a copy of the draft "Agreement for Services" which will be executed after your
approval of the selection.
Let me know if you have any questions.
PP/sp
Attachment
AGREEMENT FOR SERVICES
THIS AGREEMENT made this day of , 1996, by and between
the City of Kenai., hereinafter called "Owner", 210 Fidalgo Avenue, Suite 200, Kenai,
Alaska 99611-7794, and 0 , hereinafter called
"Contractor", whose address is
WITNESSE=X rl:
WHEREAS, Owner desires to contract for building management services for the
VINTAGE POINTE MANOR CONGREGATE HOUSING FACELITY and has
requested proposals to furnish said services;
NOW, THEREFORE, the parties hereto agree as follows:
1. Beginning on 1996 and ending on 1997, unless
terminated earlier pursuant to this Agreement, Contractor shall provide and perform for
the Owner the services described in the "Specifications for Building Manager Services"
for the VINTAGE POINTE MANOR (hereinafter called "Specifications"), a copy of
which is attached hereto and by this reference incorporated herein, in the areas of the
building set forth therein to be serviced.
Any personnel furnished by Contractor shall be employees of Contractor,
and Contractor shall pay all salaries and expenses of, and all federal social security taxes,
federal and state unemployment taxes, and any similar payroll taxes relating to such
employees. Contractor shall provide Owner with evidence of both workman's
Contractor
Agreement for Services - Page 1 of 5 City
compensation insurance and general liability insurance on the volunteers and/or sub-
contractors. Contractor shall be considered for purposes hereunder as an independent
contractor, and it will not at any time directly or indirectly act as an agent, servant, or
employee of the Owner, or make any commitments or incur any liabilities on behalf of
the Owner without its express written consent.
3. Contractor shall provide all proper safeguards and assume all risks
incurred in performing its services hereunder.
4. Contractor shall provide the insurance coverage set forth in the
Specifications and deliver to Owner certificates of insurance in accordance therewith on
or before the beginning date shown in paragraph #1 herein.
5. Without limiting the responsibility of Contractor for the proper conduct of
its personnel, the conduct of the building management is to be guided by rules and
regulations as agreed upon from time to time between the Owner and Contractor in
writing, and such additional special written instructions as may be issued by Owner to
Contractor from time to time through its designated agent, the Administrator.
6. Contractor is responsible for the direct supervision of its personnel through
its designated representative, and such representative shall, in turn, be available at all
reasonable times to report and confer with the designated agents of the Owner with
respect to services rendered.
7. Contractor agrees that the building management services to be provided
hereunder shall be performed by qualified, careful, and efficient employees in strict
conformity with the best practices and highest applicable standards.
Contractor _
Agreement for Services - Page 2 of 5 city _
a�wr
DRAF
8. In exchange for performance of services hereunder the Owner shall make
payment.. upon proper invoicing, to Contractor for services rendered hereunder at the rate
of $ per month. The Owner shall also provide the Contractor with an
unfurnished apartment at no expense, except that the contractor shall be responsible for
electricity and telephone for the apartment.
9. Contractor shall perform all services required hereunder, except when
prevented by strike, lockout, act of God, accident, or other circumstances beyond its
control.
10. This Agreement may be terminated with cause by giving fifteen (15) days
written notice by certified mail addressed to the other party. The parties may by mutual
consent terminate this Agreement upon thirty (30) days written notice.
11. The Building Manager agrees to keep office hours from 10:00 a.m. to
2:00 p.m., Monday through Friday. The Building Manager shall not accept any other
employment that substantially interferes with the duties and responsibilities of this
Agreement.
12. No person under the age of eighteen (18) years may reside in the Building
Manager's apartment.
13. The Building Manager is required to abide by all rules and regulations
governing the Tenants of the building, except for the senior citizen age eligibility
requirements.
14. No pets of any kind will be allowed on the premises.
15. The Owner and Contractor, by mutual agreement within thirty (30) days
Contractor
Agreement for Services - Page 3 of 5 City
prior to expiration of this Agreement, may extend this Agreement by a period no greater
than one year.
This Agreement, together with the attached Specifications, contains all of the
covenants and agreements between said parties with respect to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as of the date first above written.
OWNER: CITY OF KENAI
DRAFT
By:
Daniel L. Morris
Acting City Manager
CONTRACTOR:
Contractor
Agreement for Services - Page 4 of 5 city
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this _ day of , 1996, Daniel L.
Morris, Acting City Manager of the City of Kenai, being personally known to me,
appeared before me, and acknowledged the voluntary and authorized execution of the
foregoing AGREEMENT FOR SERVICES.
NOTARY PUBLIC for State
My Commission Expires:
STATE OF ALASIr.A )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 1996,
, being personally known to me or having produced satisfactory evidence
of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing AGREEMENT FOR SERVICES.
NOTARY PUBLIC for State of
My Commission Expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 1996,
, being personally known to me or having produced satisfactory evidence
of identification, appeared before me and acknowledged the voluntary and authorized
execution of the foregoing AGREEMENT FOR SERVICES.
lot
NOTARY PUBLIC for Stat
My Commission Expires_V �L
C:\wP60\DOCS\CONGHOLJS\MANAGE96. AGR
Contractor
Agreement for Services - Page 5 of 5 City
4-�
CITY OF KENAI
KENAI SENIOR SERVICES
361 SENIOR COURT KENAI, ALASKA 99611
== (907) 283-4156
MEMORANDUM
TO:
Mayor John Williams
Council Members
1
FROM:
Pat Porter
Director
DATE:
June 2, 1996
REFERENCE:
Vintage Pointe Manor
Caretakers Contract
The bid opening for Caretakers of Vintage Pointe Manor was held on June 3,
at 2:00 p.m.
I would recommend we award the contract to Mr. Robert Lee and Imelda
Lee. They are the low bidder and well qualified to assume the Caretaker
responsibilities.
Mr. Lee, has volunteered at the center the past year. During this time I have
witnessed his attitude towards older people. He is caring, patient, happy and
always willing to help others. He and his wife, Imelda, have managed
apartments in California for twelve years. Attached is a letter of
recommendation from their prior employer.
I look forward to working with Mr. and Mrs. Lee.
nj
00.
�7
O
f S
O �
wn GUY)
fansVaaunt,
ssz�
a zs�s
�nQ a o�
XVI
x�aaza
ars z�sos
#^NH�sz�t
'I'IKH IQ IVNaX : aDV9
alga aI
r cTA170 vvt 7
: soaro�
NOIZK'navm smiNzao aIa
PROPOSAL FORM
BUILDING MANAGER SERVICES
VINTAGE POINTE MANOR SENIOR CONGREGATE HOUSING
Please Print or Type:
BIDDER'S NAME: Robert E. and Imelda C. Lee
ADDRESS: PO Box 2743 Kenai Alaska 99611
TELEPHONE NO: 283-5298
LIST PREVIOUS EXPERIENCE IN HOUSING OR PROPERTY MANAGEMENT:
Over 12 years experience as a multi -housing manager responsible for the day-to-day
operation for as few as 36 and as many as 111 units. I made all administrative decisions
such as rent collection, accounting, documentation, legal and all other record keepin(.
Provided general maintenance for upkeep and repairs which included, but was no limiter
to; plumbing, painting, electrical and carpentry work. Established contracts with
professional services for extensive renovations/repairs and supervised work crews for
general projects. References are available upon request.
PROPOSED PRICE PER MONTH: $ 1, 225.00
NOTE: Any price other than that requested above may, subject to determination by the
City, render the bid Win -responsive.
SIGNATURE:
DATE: )—)- 16 ' % , 1996 C:1WP601DOCSICONOHOUS\PROPOSAL.FRM
May 13, 1996
To Whom it may concern:
Mr Bob Lee and his wife Imelda Lee were the managers of three of my
buildings. which consist of 50 units, from February 1987 to March
of 1995.
Their duties consisted of:
1. Rent the empty units.
2. Check credit aplications.
3. Deposit the rent money each month to the Bank.
4. Do minor repairs.
5. Deal with all tenant complaints.
6. Maintain the commun aereas clean.
Their performance was impeccable for the eight years. Bob's ability
to deal in a one, to one with the tenants was Outstanding. Even
after one year ELnd many miles away, some of the tenants still
maintain some communication with Bob.
Without any question I give an unqualified recommendation to both
Bob and Imelda Lee.
Luis S. Carvajal
The owner
G c c-N � �E , C ? is 0 7
CITY OF KENAI �/-
c d eap" 4 4"ec,,
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 byq"
��.nnan
1IIII1
1992
[UT U:lu I$] -:.Mal udI
To: Kenai City Council �v
Through: Thomas J. Manninen, City Manager
From: Kim Howard, Administrative Assistant
Date: May 20, 1996
For: June 5, 1996 Meeting
RE: Application for Lease -
Lot 4, Block 5, Cook Inlet Industrial Air Park & Adjacent ROW
Attached is a lease application submitted by Margaret A. Jackson, d/b/a Jackson's Sales
and Service for the above referenced property. Mrs. Jackson told me she wishes to
continue leasing this property once her deceased husband's lease expires on June 30,
1996. A map depicting the lot is attached. The appropriate good faith deposit and filing
fee have been received.
This property is airport land. Prior to leasing the site an appraisal must be performed
and then reviewed and approved by the Federal Aviation Administration (FAA).
Robert Jackson began leasing the property in 1985. The applicant intends to continue to
use the propertv for an impound and storage yard. The Kenai Planning and Zoning
Commission recommended approval of this lease application at its meeting on April 24.
Does the City Council approve the lease application for Lot 4, Block 5, Cook Inlet
Industrial Air Park & adjacent R.O.W. to Margaret A. Jackson? If so, an appraisal will
be ordered for FAA approval.
Attachments
KH
cc: Margaret A. Jackson, d/b/a Jackson's Sales & Service
FOR CITY USE ONLY
Date Received
CITY OF KENAI
P.O. BOX 580 - KENAI, ALASKA - PHONE 283-7535 do11at�1Y+@ ar�d title] /�st.
LEASE APPLICATION
Name of Applicant / A",4,eET
Address Po. Box 618 Kenai, Alaska 99611
Business Name and Address Jacksons Sales And S rv;ce
Po. Box 618 Kenai, Alaska 99611
Kenai Peninsula Borough Sales Tax No.
(if applicable)
State Business License No.
(if applicable)
Telephone (907)-283-4760
Lot Description Lot 4, Block 5/ C.I.I_A-P_ and R_0_i4_
Desired Length of Lease S years
Property to be used for Found and Storage yard
Description of Developments (type, construction, size, etc.)
none at this time
Attach development plan to scale (1" = 501), showing all buildings
planned.
Time Schedule for Proposed Development:
Beginning Date N.A.
Proposed Completion Date
Estimated Value of Construction $
Date: 3-14-1996 Signed
Date Signed
1
CITY OF KENAI
CHECK LIST FOR SITE PLANS
ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED
Drawings should be drawn to scale 111= 50 ft.*, and must show
layout of the lot applied for and the location of all improve-
ments proposed.
Drawings must show:
1. Existing buildings
2. Proposed buildings
3. Parking facilities
(how many spaces and where located)
4. Site improvements
a. Areas to be cleared and method of disposal
b. Proposed gravel or paved areas
C. andscaping plan (retention of natural
vegetation and/or proposed planting areas
5. Building set backs
6. Drainage plan and method of snow removal
7. Circulation plan (all entrances, exits and
on -site access)
S. Location of sign(s) - sign permit required
9. Fencing
10. Curb cuts (where applicable)
11. Building height
12. Buildings on or near the airport on airport
lands must complete FAA Form 7460-1
Wil
*This does not have to be drawn by an architect or engineer. 11
C �
r
BUILDING INFORMATION
On this sheet submit a drawing of building planned, drawn to scale.
Scale : 1" = /,0 ft .
Construction Materials (wood frame, steel building, etc.)
THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE
I
E
�UA13
Note: f al prepared drawing is submitted, attach to this
application and disregard this page, filling in construction materials
only.
M
Description of Praperty�f z --1— 7--,4�,—)
CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Annual rent rate or cost
Zoned f o r
Permits required
Assessments
Insurance required'
Construction must begin by /y %—
Completion date for major construction N /fj--
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
Planning C mmission Approval:
Chairman
City Council Approval:
Date of Approval
By: , Date of Approval
City Clerk
4
}t,�
oa NOHlvavw �
(GNIQN3d _133atid 1
I "V 101 1•o.Y&rd NOdO B lib/ t _ s.
y 2- 11N n
v�J t-d 101
AP
TA
4,'
lip
41
M iy
5 -H iNn 9-H IINn
� day � f''��d, •; � , .� ,t + � �. � :�` a. " \ 1`�ba,
oi'
01
d, 4 \ % \ ►4 / t i
CITY OF KEN 4�- 1/1
it Od eCn 4 41al..
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 Mac.
11111"
1"2
MEMORANDUM
To: lam, Kenai City Council
Through Daniel L. Morris, Acting City Manager
From: Kim Howard, Administrative Assistant
Date: May 30, 1996
RE: Dairy Queen Facility -
Splitting Lease into Two Separate Leases
Peter and Val Ischi have a lease for the Dairy Queen facility that will expire March 31,
2000. In regards to purchasing the property, the lease (as amended) states:
ARTICLE II
Oution to Purchase
At any time during the first nine years of the ten-year lease term, the
LESSEE, at its option, may purchase the leased premises subject to the
conditions and covenants contained herein. LESSEE's option to purchase
shall be exercised by notice to the CITY in writing. The option to
purchase shall expire on April 1, 1999.
The purchase price shall be the appraised value of the leased facility with
improvements as determined by a state certified appraiser. The City
Manager of the City of Kenai shall have the sole discretion of selection of
said appraiser. Purchaser shall pay all costs of the appraisal.
Purchase terms shall be twenty percent (20%) down with ten percent
(10%) interest on the remaining balance over twenty (20) years in equal
installments, secured by a Promissory Note and a First Deed of Trust on
the premises.
In May 1995, the Kenai City Council approved the concept of splitting the 2.07 property
into two parcels. Specifically, Council's motion read:
Councilman Smalley MOVED for approval of the conceptual approval of
plat, assignment of lease, and lease approval for the Dairy Queen facility.
Councilwoman Monfor SECONDED the motion.
Kenai City Council
May 30, 1996
Page 2
Williams noted to Ischi the matter would have to be brought back to
Planning and Zoning again for final approval.
There were no objections. SO ORDERED.
The individual who was originally interested in leasing (and possibly later purchasing) the
vacant tract has decided not to proceed with his project. However, the lessee has been
in contact with another party who wishes to purchase the vacant tract in order to develop
it.
The Planning and Zoning Commission approved the new plat at their January 10, 1996
meeting. It has been finalized and an appraisal has been performed on each lot. The
values have been approved by the Federal Aviation Administration. The values are:
Tract B-1 (includes the facility) $275,000
Tract B-2 (easterly portion) 198,000
The Ischis propose to continue to lease Tract B-1 (with the Dairy Queen facility) at an
adjusted rent based on fair market value. They wish to purchase Tract B-2 at the above
fair market value and sell it to the other party.
Attached are proposed separate leases which I based on the original lease. References
to the facility have been deleted from the lease for Tract B-2. Other changes from the
original lease include the legal descriptions (and exhibits), rents, address updates, and the
incorporation of the amendment allowing a state certified appraiser rather than a M.A.I.
appraiser to perform appraisals.
As a note, the rent the Ischis are now paying, and will pay for the term of the current
lease, is $21,600 per year. Based on the new appraisals, the rent for Tract B-1 would be
$16,500 and Tract B-2 would be $11,880.
Does the City Council approve splitting the Ischi's Lease Agreement into two separate
leases?
Attachments
cc: Peter Ischi
Allan Norville
Dale Dolifka
C:\WPDOCS\LEASES\DG.MEM
TO: KIM HOWARD
FROM: PETE ISCHI
RE: DAIRY QUEEN PROPERTY
KENAI, ALASKA
I would like permission from the City of Kenai to subdivide the property into two
separate parcels and purchase the easterly portion at the new appraised value.
The other parcel with the building would remain leased from the City of Kenai at
the new adjusted rate.
Patsy at Trans Alaska Title will submit a $2000.00 deposit for an appraisal or
review appraisal.
Thank you for your attention to this matter.
Sincerely:
Pete Ischi p
f#�
Coll
Q° .k Tract B— 2 �� / 4
\ Tract B-1�
43.408 S.F
•r c.
a ����0 C�
�n
C this survey)
survey) / — Tr—
urvey; PLAT PED -
Spu,—Airport Lease Prop*rty THIS PLAT WAS APPROVED BY THE KENAI PEti,Vc,.-A BOROUGH P-,LNNING ^c_
COMMISSION AT THE MEETING OF fz _ 199E
r Pork Subd. No. 5 T'NE _
KENAI PENINSULA BOROUGH !
� REOUESTE: B�:
I .NTEGRITY SURV`.
CITY OF KENAI
LEASE AGREEMENT
THIS LEASE, made and entered into this day of , 1996,
by and between the City of Kenai, hereinafter referred to as
CITY, a body corporate under the laws of the State of Alaska,
with offices at 210 Fidalgo Avenue, Suite 200, Kenai, Alaska,
99611-7794 and PETER AND VALERIE ISCHI, d/b/a KENAI DAIRY
QUEEN, whose mailing address is 300 Rogers Road, Kenai,
Alaska, 99611, hereinafter referred to as the LESSEE.
WITNESSETH•
That for and in consideration of the rent to be paid by
LESSEE, the CITY hereby leases to the LESSEE, and LESSEE takes
and leases in an "as is" condition from the CITY, that area of
land described as follows:
Tract B-2, Kenai Spur -Airport Lease Property, Norville
Replat, according to Plat No. 96-16, located in the Kenai
Recording District, Third Judicial District, State of
Alaska.
Said leased area shall hereinafter be referred to as "the
Premises."
TO HAVE AND TO HOLD the same Premises unto LESSEE, subject to
the conditions and covenants herein contained, for the term
hereinafter specified.
I! The parties hereto further covenant and agree as follows:
ii
ARTICLE I
Ii
Term of Lease
it The term of this lease shall be ten (10) years, commencing on
it the date the LESSEE takes possession of the property, but not
later than April 1, 1990, whichever date comes first, and
terminating at midnight ten years thereafter.
Rental Amount
LESSEE shall pay to the City as rent for the use of the
Premises the following:
$ 990.00 per month. In addition, LESSEE agrees to pay sales
tax on the monthly rental as determined by Borough and City
y R. Graves
lily Attomey LESSOR:
CITY OF KENAI
LEASE AGREEMENT - PAGE 1 OF 8 LESSEE:
210 Fidalgo Avenue
Suite 200
Kenai. Alaska 99611-7794 I.
283-3441
FAX 283-3014
ordinances. Late payments shall be subject to penalty and
interest as provided by City Code. The aforementioned rent
shall be adjusted at the conclusion of the first five years of
the lease. During the second five years of the lease, as
provided for herein, the rent shall be six percent (6%) of the
appraised value of the subject premises, which appraised
valuation shall include the land. The appraisal shall be paid
for by the CITY and shall be determined by a state certified
appraiser selected by the CITY and whose appraisal shall be
binding on LESSEE.
LESSEE shall be subject to taxation upon all personal property
in connection with the leased premises. LESSEE covenants to
pay any taxes as may be lawfully assessed against any real or
personal property upon the premises, including, but not
limited to, taxes assessed for the leasehold interest.
LESSEE shall
as LESSEE is
jdays written
Termination Option
have the option to terminate this lease so long
not in default and provides at least sixty (60)
notice to CITY.
ARTICLE II
Option to Purchase
At any time during the first nine years of the ten-year lease
term, the LESSEE, at its option, may purchase the leased
premises subject to the conditions and covenants contained
herein. LESSEE'S option to purchase shall be exercised by
notice to the CITY in writing. The option to purchase shall
expire on April 1, 1999.
The purchase price shall be the appraised value as determined
by a state certified appraiser. The City Manager of the City
of Kenai shall have the sole discretion of selection of said
,appraiser. Purchaser shall pay all costs of the appraisal.
(Purchase terms shall be twenty percent (20%) down with ten
;percent (10%) interest on the remaining balance payable over
twenty (20) years in equal installments, secured by a
Promissory Note and a First Deed of Trust on the premises.
ARTICLE III
Operation
In its operation on the leased premises, LESSEE shall observe
all applicable Federal, State and Municipal Laws and health,
;,safety, and well-being of the public.
Cary R. Graves
City Anomey
LESSOR:
CITY OF KENAI 210 Fidalgo Averwe LEASE AGREEMENT - PAGE 2 OF 8 LESSEE:
Suite 200
Komi. Alaska 99611-7794
283-3441
FAX 283-3014
ARTICLE IV
Insurance
During the term of this Lease, LESSEE shall procure and keep
in force, or shall where appropriate, require LESSEE'S
contractors and subcontractors to procure and keep in force,
the following insurances:
A. Worker's Compensation Insurance, sufficient to meet
State of Alaska statutory requirements, including $100,000.00
employer's liability coverage, protecting all employees of
LESSEE and employees of its contractors or subcontractors
during the term of this Lease.
!I B. Comprehensive General Liability Insurance, including
i limits as to bodily injury liability of $500,000.00 for each
occurrence and $500,000.00 in aggregate and, as to property
damages, liability of $500,000.00 for each occurrence and
$500,000.00 in aggregate. Insurance policies required by this
paragraph shall name LESSEE as Insured and the CITY as an
additional insured. Such insurance shall be made effective
t prior to the beginning of operation of the premises.
Duplicate originals or certificates of all insurance policies
required hereunder shall be delivered to the CITY prior to
occupation of the Premises by LESSEE.
C. Reassessment of insurance needs may be made by CITY
at any time to determine whether or not, in the City's sole
determination, the coverage shall be increased.
D. LESSEE agrees that thirty (30) days notice in
writing shall be given the CITY in the event of cancellation,
termination or material change of any insurance policy
required hereunder.
ARTICLE V
. I
Assignment of Lease or Subletting of Premises
Except as provided in this paragraph, this Lease shall not be
assigned in whole or in part, nor shall subletting be allowed
unless and until the CITY approves such assignment or
subletting in writing, WHICH APPROVAL SHALL NOT BE
UNREASONABLE WITHHELD. Upon written request by the CITY, the
identity of the holder or holders to any mortgage, deed of
trust or security instrument and all individuals,
corporations, or parties having a financial interest as
secured parties, investors or shareholders with the LESSEE in
this lease, shall be provided to the CITY by LESSEE within
thirty (30) days of such request, LESSEE shall have the right
to sublease the Premises or parts thereof for uses and
ry R. Graves
City Attomey
CITY OF KENAILEASE AGREEMENT - PAGE 3 OF 8
210 Fidalgo Avenue
Suite 200
Kena,, Alaska 99611-7794
LESSOR:
LESSEE:
283-3441
FAX 283-3014
Cary R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
K=xnai, Alaska 9961 1-7794 1
purposes which are in accord with the provisions of this
Lease, only upon written approval by the CITY, which approval
shall not be unreasonably withheld.
ARTICLE VI
Pledge of Lease
It is understood that in borrowing funds LESSEE cannot place a
mortgage on the Premises. However, it is contemplated that
LESSEE may be required to borrow funds for the initial
construction of improvements and that from time to time during
the term of this Lease it may be desirable or convenient for
LESSEE to borrow additional funds for additional improvements,
alterations, repairs or for other purposes. Accordingly, it
is agreed that LESSEE shall at all times during the term of
this lease have the right to grant rights of security in this
Lease and the leasehold rights of LESSEE created by this
Lease, provided, however, that any such rights of security
shall at all times be subject to the right, title and interest
of the CITY as owner of the Premises and the right of the CITY
to require the payment of all rentals due hereunder and the
full and faithful performance of the covenants and conditions
of this Lease.
In the event at any time during the term of this Lease,
LESSEE, or anyone holding under LESSEE shall be in default of
any of the covenants or conditions of this lease, then and in
such event, before forfeiture is invoked by the CITY, the
holder of any rights of security granted by LESSEE hereunder
may make any and all payments and do and perform any and all
acts and things which may be necessary or required to prevent
a forfeiture of this Lease, and the party making such payments
or performing such acts or things shall thereby and thereupon
be subrogated to all rights of the LESSEE under this Lease.
The CITY agrees, that, if requested in writing by the holder
of any such rights of security, the CITY will send to the said
holder at the address specified in such written request copies
of all written notices or demands which the CITY may serve
upon LESSEE or anyone holding under LESSEE under and pursuant
to the terms of this lease or otherwise.
It is understood, however, that the holder of such rights of
security, shall in no way be liable to the CITY for the
payment of any rent or for the performance of any other
covenant or conditions under this Lease until such time as it
shall acquire by conveyance from the LESSEE, or by the
foreclosure or other proceedings provided by law or by the
terms of any written instrument, all the rights, title and
interest of the LESSEE under this lease; provided, however,
that any party who shall acquire said rights, title and
interest of the LESSEE, as above provided, shall thereupon and
LEASE AGREEMENT - PAGE 4 OF 8
LESSOR:
LESSEE:
203-3441
FAX 283-3014
thereby become liable for the full performance and all
payments theretofore and thereafter required to be made by
LESSEE under the covenants and conditions of this Lease, as
fully and completely and to the same extent as the LESSEE
itself would have been if it still had retained its right,
title and interest hereunder.
ARTICLE VII
Cancellation and Forefeiture
In the event LESSEE shall be declared bankrupt according to
law, or if any assignment shall be attempted to be made of
this Lease for the benefit of creditors (other than as herein
permitted) or if LESSEE shall abandon the leased premises or
in the event rental due hereunder remains unpaid for thirty
(30) days after notice of nonpayment given to LESSEE, then in
any of said events, the CITY may declare the Lease to be
terminated and may enter into and upon the land covered by
this Lease or any part thereof and repossess the same and
expel the LESSEE and those claiming under it and remove its
effects, forcibly if necessary, without being deemed guilty of
any manner of trespass and without prejudice to any other
remedies which might otherwise be used for possession or for
arrears of rent.
ARTICLE VIII
Indemnification
LESSEE shall protect, indemnify and save harmless the CITY
from and against any and all claims, demands, and causes of
I� action of any nature whatsoever for injury to or death of
persons, or loss or damage to property, occurring on the
Premises or in any manner growing out of or connected with the
LESSEE'S use and occupation of the Premises or the condition
of the Premises during the terms of this Lease.
ARTICLE IX
Waiver of Default
Any waiver by the CITY of any default or breach of this Lease
shall not be construed to be a continuing waiver of such
default or breach nor as a waiver or permission, express or
„ implied, of any other or subsequent default or breach.
i
ARTICLE X
Force Maieure
If by reason of strike, lockout, war, rebellion, material or
labor shortage due to a national emergency, fire, flood,
hurricane or other casualty, periods of excessive rain, or by
any other matter not within its control, the CITY or LESSEE in
ry R. Graves
City Attorney
LESSOR:
CITY OF KENAI
210FidalyoAvenue LEASE AGREEMENT - PAGE 5 OF 8 LESSEE:
Suite 200
Kenai. Alaska 99611-7794
283-3441
FAX 283-3014
good faith and without fault or neglect on its parts is
prevented or delayed in the construction of any condition
except as relates to rental payments or the maintenance of
insurance which, under the terms of this Lease, it is required
to do so perform within a specified period of time, the period
of time within which such performance was to have been
completed shall be extended by a period of time equal to that
of such delay or prevention, and the CITY or LESSEE, as the
case may be, shall not be deemed to be in default if it
diligently performs and completes such work or covenant or
condition in the manner required by the terms of this Lease
within the specified period of time as so extended.
ARTICLE XI
Easements
This lease is subject to all easements across the Premises
that are of record or reasonably ascertainable by a visible
inspection of the premises.
ARTICLE XII
General Clauses
A. All references to the parties to the Lease and all
covenants, conditions and lease agreements of this Lease shall
apply to and be binding upon the CITY and LESSEE and their
respective heirs, executors, administrators, legal
representatives, successors and assigns (when assignment is
made in accord with the provisions hereof) as if they were in
each case fully named. and stated. In this Lease both the CITY
and LESSEE are referred to in the singular and neuter gender.
However, such words and all other terms and words used in this
Lease regardless of the number and gender in which they are
used, shall be deemed and construed to include any other
number (singular or plural) and any other gender, masculine,
feminine or neuter, as the sense of the writing herein may
require, the same as if such words had been fully and properly
written in the required number and gender.
j S. All notices to the CITY shall be sent by certified
or registered mail addressed to the City Manager, City of
i Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska, 99611-
7794, or at such other address as the CITY may in writing from
time to time designate by written notice to the LESSEE. All
notices to LESSEE shall be sent by certified or registered
mail addressed to LESSEE at 300 Rogers Road, Kenai, Alaska
99611, or at such other address as LESSEE may from time to
time designate by written notice to the CITY.
C. This Lease is made under the applicable laws of the
State of Alaska and if any term, clause, provision, part or
Cary R. Graves
City Atlomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 9%11-7794
LEASE AGREEMENT - PAGE 6 OF 8
LESSOR:
LESSEE:
283-3441
FAX 283-3014
ary R. Graves
City Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
portion of this Lease shall be adjudged invalid or illegal for
any reason the validity of any other part or portion of this
Lease shall not be affected thereby and invalid or illegal
term, clause, provision, part or portion shall be deleted and
ignored as if the same had not been written.
D. Venue for any dispute arising out of this Lease
shall be in the trial courts for the State of Alaska, Third
Judicial District at Kenai.
E. This Lease may be altered, modified or amended only
by written instruments signed by LESSEE and the CITY and
approved by the City Council of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be signed and sealed the day and year first
above written.
DATED this day of
CITY OF KENAI:
Daniel L. Morris
Acting City Manager
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
, 19
LESSEE:
Peter Ischi
Valerie Ischi
THIS IS TO CERTIFY that on this day of ,
1996, PETER ISCHI, being personally known to me or having
produced satisfactory evidence of identification, appeared
before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
LEASE AGREEMENT - PAGE 7 OF 8
Notary Public for Alaska
My Commission Expires:
LESSOR:
LESSEE:
2B3-34a1
FAX 283-3014
Cary R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794 1
283-3441
FAX 283-3014
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1996, VALERIE ISCHI, being personally known to me or having
produced satisfactory evidence of identification, appeared
before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
j THIS IS TO CERTIFY that on this day of ,
1996, DANIEL L. MORRIS, Acting City Manager of the City of
Kenai, Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me
and acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
Approved as to lease form by City Attorney.
Approved by Finance Director.
Approved by City Manager.
Lease approved by Council on
C:\WPDOCS\LEASES\DQ.8-2
LEASE AGREEMENT - PAGE 8 OF 8
Carol L. Freas, City Clerk
LESSOR:
LESSEE:
CITY OF KENAI
FORMER DAIRY QUEEN FACILITY LEASE
LEASE AGREEMENT
THIS LEASE, made and entered into this day of ,
1996, by and between the City of Kenai, hereinafter referred
to as CITY, a body corporate under the laws of the State of
Alaska, with offices at 210 Fidalgo Avenue, Suite 200, Kenai,
Alaska, 99611-7794 and PETER AND VALERIE ISCHI, d/b/a KENAI
DAIRY QUEEN, whose mailing address is 300 Rogers Road, Kenai,
Alaska, 99611, hereinafter referred to as the LESSEE.
WITNESSETH•
That for and in consideration of the rent to be paid by LESSEE
for the operation of the facility and surrender of the same in
good condition to the CITY at the termination of this lease
and other consideration given by the LESSEE herein, the CITY
hereby leases to the LESSEE, and LESSEE takes and leases in an
"as is" condition from the CITY, that area of land described
as follows:
Tract B-1, Kenai Spur -Airport Lease Property, Norville
Replat, according to Plat No. 96-16, located in the Kenai
Recording District, Third Judicial District, State of
Alaska
including all structures and personal property existing
thereon, at the time of execution of this lease, which
structures and personal property are more fully shown on the
attached Exhibit "A" and made a part hereof.
Said leased area shall hereinafter be referred to as "the
Premises."
TO HAVE AND TO HOLD the same Premises unto LESSEE, subject to
the conditions and covenants herein contained, for the term
hereinafter specified.
The parties hereto further covenant and agree as follows:
ARTICLE I
Term of Lease
The term of this lease shall be ten (10) years, commencing on
the date the LESSEE takes possession of the property, but not
later than April 1, 1990, whichever date comes first, and
terminating at midnight ten years thereafter. Upon
ary R. Graves
city Allomey LESSOR:
CITY OF KENAI LESSEE:
210 Fidalgo Avenue LEASE AGREEMENT - PAGE 1 OF 12
Suite 200
Kenai. Alaska 99611-7794
283-3" 1
FAX 283-3014
Cary R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
<enai, Alaska 99611-7794
termination of this Lease, improvements including, but not
limited to, those listed and described under the attached
Exhibit A, shall revert to the CITY and further upon the
termination of this Lease, all buildings and fixtures on the
leased premises under provisions hereof and all fixtures
appurtenant to such buildings, including but not limited to
those constructed by LESSEE, shall be and become the property
of the CITY. LESSEE shall have reasonable access prior to the
occupancy date of April 1, 1990 for purposes of repair and
renovation.
Rental Amount
LESSEE shall pay to the City as rent for the use of the
Premises the following:
$1,375.00 per month. In addition, LESSEE agrees to pay sales
tax on the monthly rental as determined by Borough and City
ordinances. Late payments shall be subject to penalty and
interest as provided by City Code. The aforementioned rent
shall be adjusted at the conclusion of the f irst f ive years of
the lease. During the second five years of the lease, as
provided for herein, the rent shall be six percent (6%) of the
appraised value of the subject premises, which appraised
valuation shall include both the land and any facilities or
improvements existing thereon at the time of the appraisal.
The appraisal shall be paid for by the CITY and shall be
determined by a state certified appraiser selected by the CITY
and whose appraisal shall be binding on LESSEE.
The premises and trade fixtures under this Lease are owned by
the CITY. LESSEE shall be subject to taxation upon all
personal property owned by CITY and used on or in connection
with the leased premises. LESSEE covenants to pay any taxes
as may be lawfully assessed against any real or personal
property upon the premises, including, but not limited to,
taxes assessed for fixtures and the leasehold interest.
Termination Option
LESSEE shall have the option to terminate this lease so long
as LESSEE is not in default and provides at least sixty (60)
days written notice to CITY.
ARTICLE II
Option to Purchase
At any time during the first nine years of the ten-year lease
term, the LESSEE, at its option, may purchase the leased
premises subject to the conditions and covenants contained
herein. LESSEE'S option to purchase shall be exercised by
LEASE AGREEMENT - PAGE 2 OF 12
LESSOR:
LESSEE:
283.3441
FAX 283-3014
try R. Graves
City AHomey
CITY OF KENAI
210 Fidalgo Avenue
Suile 200
<enat. Alaska 99611-7794
283-3" 1
FAX 283-3014
notice to the CITY in writing. The option to purchase shall
!',expire on April 1, 1999.
The purchase price shall be the appraised value of the leased
facility with improvements as determined by a state certified
appraiser. The City Manager of the City of Kenai shall have
the sole discretion of selection of said appraiser. Purchaser
shall pay all costs of the appraisal.
Purchase terms shall be twenty percent (20%) down with ten
percent (10%) interest on the remaining balance payable over
twenty (20) years in equal installments, secured by a
Promissory Note and a First Deed of Trust on the premises.
ARTICLE III
Purpose and Improvements
LESSEE shall provide for the operation and maintenance of the
!leased facilities.
Public Use and Non-discrimination
A. The LESSEE agrees that the facilities and the other
improvements provided for herein shall be equally available to
all members of the public without discrimination. Any
discrimination by the LESSEE in the use of any facility
hereinabove described on grounds of race, sex, religion or
national origin shall be deemed to be a material breach of
this Lease and grounds for cancellation of the Lease.
B. The LESSEE agrees that he will not discriminate
against any employee or applicant for employment, to be
employed in the performance of this Lease with respect to his
hire, tenure, terms, conditions or privileges of employment or
any matter directly or indirectly related to employment
because of age, except when based on a bona fide occupational
qualification or because of race, sex, religion or national
origin. LESSEE understands that any such discrimination shall
be deemed to be a material breach of this Lease.
ARTICLE IV
Possession and Maintenance
LESSEE shall have sole possession of, and responsibility for,
maintenance of the Premises, including, but not limited to,
all improvements constructed thereon and fixtures and
equipment existing on the property at the commencement of the
lease and thereafter installed by either LESSEE or CITY. The
CITY shall have the right to inspect the Premises and to
impose reasonable regulations to insure proper care,
maintenance, and upkeep of the Premises. The degree of
LEASE AGREEMENT - PAGE 3 OF 12
LESSOR:
LESSEE:
Cary R. Graves
City Attomey
CITY OF KENAI
210 Fdaigo Avenue
Suile 200
Kenai. Alaska 99611-7794
maintenance shall be in keeping with similar premises. The
CITY, through its City Manager, shall have the right to
require that the Premises and improvements thereon meet
general standards of other like facilities.
The CITY may advise the LESSEE in writing of any deficiency in
maintenance of the Premises. The deficiency shall be
corrected within thirty (30) days, or within an appropriate
period as may be otherwise agreed.
Improvements, facilities, fixtures, equipment and things on,
in or appurtenant to the leased premises are leased "as is"
and without any warranties or representations whatsoever,
including warranties or representations whatsoever, including
warranties of fitness for a particular purpose or warranties
of merchantability.
The City has acquired the premises herein through foreclosure
sand therefore specifically disclaims title to any facilities,
fixtures and equipment on, in or appurtenant to the leased
,premises. The Bidder takes the fixtures, equipment and any
items appurtenant to the leased premises subject to any
security interests which exist at the time of entry onto the
property pursuant to the lease agreement.
ARTICLE V
Operation
A. In its operation on the leased premises, LESSEE
shall observe all applicable Federal, State and Municipal Laws
and health, safety, and well-being of the public.
B. LESSEE shall at its expense, meet the requirements
of local and state health departments covering the handling
and dispensing of food and beverages, if applicable. Adequate
toilet facilities in accordance with state and local
regulations shall be provided and maintained at locations on
the premises. Refuse and waste materials shall be handled as
required by applicable state and local laws, ordinances and
regulations.
C. LESSEE agrees to pay all public utility bills for
electricity, gas, water, and all other utilities used or
consumed, on the Premises and to procure at its expense all
meters and permits necessary for making connections and
continuing utility services.
D. LESSEE agrees, subject to Article XII of this lease,
to continuously operate the facility during the period of the
lease. For purposes of this lease, "continuous operation"
means that the facility is open for business on a daily basis
LEASE AGREEMENT - PAGE 4 OF 12
LESSOR:
LESSEE:
283-3441
FAX 283-3014
(Sundays and holidays excepted at LESSEE'S option) and for
such hours as would be reasonable for similar facilities
existing on the Kenai Peninsula. Hours of operation shall be
attached to public exterior doors.
ARTICLE VI
Insurance
During the term of this Lease, LESSEE shall procure and keep
in force, or shall where appropriate, require LESSEE'S
contractors and subcontractors to procure and keep in force,
the following insurances:
A. Worker's Compensation Insurance, sufficient to meet
State of Alaska statutory requirements, including $100,000.00
employer's liability coverage, protecting all employees of
LESSEE and employees of its contractors or subcontractors
during the term of this Lease.
B. Comprehensive General Liability Insurance, including
limits as to bodily injury liability of $500,000.00 for each
occurrence and $500,000.00 in aggregate and, as to property
damages, liability of $500,000.00 for each occurrence and
$500,000.00 in aggregate. Insurance policies required by this
paragraph shall name LESSEE as Insured and the CITY as an
additional insured. Such insurance shall be made effective
prior to the beginning of operation of the premises.
C. Fire, Vandalism, Malicious Mischief, and extended
coverage insurance covering all buildings constructed by
LESSEE during the term of this lease in an amount equal to at
least eighty (80%) percent of the fully insurable replacement
value of such building above foundations. Such insurance
policies shall be issued in the joint names of the CITY and
LESSEE and shall be payable to the CITY and LESSEE, as their
respective interests may appear.
Duplicate originals or certificates of all insurance policies
required hereunder shall be delivered to the CITY prior to
occupation of the Premises by LESSEE. The entire amount
collected for losses under any fire and extended coverage
policies shall be made available to repair, restore, or
rebuild the damaged improvements. Any excess part of the
insurance fund remaining after the cost of repairs, rebuilding
or restoration is paid, shall be paid to the LESSEE. In the
event the insurance fund is insufficient to cover the cost of
repairs, rebuilding or restoration, the excess cost shall be
borne by LESSEE.
ary R. Graves
City Attomey LESSOR:
CITY OF KENAI LESSEE:
210FidatgoAvenue LEASE AGREEMENT - PAGE 5 OF 12
Suite 200
Kenai, Alaska 9%11-7794
283-3441
FAX 283-3014
D. Reassessment of insurance needs may be made by CITY
at any time to determine whether or not, in the City's sole
determination, the coverage shall be increased.
E. LESSEE agrees that thirty (30) days notice in
writing shall be given the CITY in the event of cancellation,
termination or material change of any insurance policy
required hereunder.
ARTICLE VII
Assignment of Lease or Subletting of Premises
Except as provided in this paragraph, this Lease shall not be
assigned in whole or in part, nor shall subletting be allowed
unless and until the CITY approves such assignment or
subletting in writing, WHICH APPROVAL SHALL NOT BE
UNREASONABLE WITHHELD. Upon written request by the CITY, the
identity of the holder or holders to any mortgage, deed of
trust or security instrument and all individuals,
corporations, or parties having a financial interest as
secured parties, investors or shareholders with the LESSEE in
this lease, shall be provided to the CITY by LESSEE within
thirty (30) days of such request, LESSEE shall have the right
to sublease the Premises or parts thereof for uses and
purposes which are in accord with the provisions of this
Lease, only upon written approval by the CITY, which approval
shall not be unreasonably withheld.
ARTICLE VIII
Pledge of Lease
(It is understood that in borrowing funds LESSEE cannot place a
mortgage on the Premises or the fixed improvements placed
thereon. However, it is contemplated that LESSEE may be
!required to borrow funds for the initial construction of
;improvements and that from time to time during the term of
this Lease it may be desirable or convenient for LESSEE to
borrow additional funds for additional improvements,
,alterations, repairs or for other purposes. Accordingly, it
is agreed that LESSEE shall at all times during the term of
I this lease have the right to grant rights of security in this
Lease and the leasehold rights of LESSEE created by this
Lease, provided, however, that any such rights of security
shall at all times be subject to the right, title and interest
of the CITY as owner of the Premises and fixed improvements
!'placed thereon and the right of the CITY to require the
payment of all rentals due hereunder and the full and faithful
performance of the covenants and conditions of this Lease.
Subject to any such rights of security, the CITY shall have a
lien upon all personal property not daily exposed to sale,
Cary R. Graves
City Attorney
CITY OF KENAI LESSOR
210FidaigoAvenue " LEASE AGREEMENT - PAGE 6 OF 12 LESSEE:
Suite 200
Kenai, Alaska 99611-7794 1'
203-3441
FAX 283-3014
try R. Graves
City Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
{enai, Alaska 99611-7794
owned by LESSEE and used on the Premise to secure the payment
of the rentals as they respectively come due hereunder.
In the event at any time during the term of this Lease,
LESSEE, or anyone holding under LESSEE shall be in default of
any of the covenants or conditions of this lease, then and in
such event, before forfeiture is invoked by the CITY, the
holder of any rights of security granted by LESSEE hereunder
may make any and all payments and do and perform any and all
acts and things which may be necessary or required to prevent
a forfeiture of this Lease, and the party making such payments
or performing such acts or things shall thereby and thereupon
be subrogated to all rights of the LESSEE under this Lease.
The CITY agrees, that, if requested in writing by the holder
of any such rights of security, the CITY will send to the said
holder at the address specified in such written request copies
of all written notices or demands which the CITY may serve
upon LESSEE or anyone holding under LESSEE under and pursuant
to the terms of this lease or otherwise.
It is understood, however, that the holder of such rights of
security, shall in no way be liable to the CITY for the
payment of any rent or for the performance of any other
(covenant or conditions under this Lease until such time as
shall acquire by conveyance from the LESSEE, or by the
foreclosure or other proceedings provided by law or by the
terms of any written instrument, all the rights, title and
interest of the LESSEE under this lease; provided, however,
that any party who shall acquire said rights, title and
interest of the LESSEE, as above provided, shall thereupon
thereby become liable for the full performance and all
;payments theretofore and thereafter required to be made by
!LESSEE under the covenants and conditions of this Lease, as
jfully and completely and to the same extent as the LESSEE
itself would have been if it still had retained its right,
title and interest hereunder.
ARTICLE IX
Cancellation and Forefeiture
it
and
In the event LESSEE shall be declared bankrupt according to
law, or if any assignment shall be attempted to be made of
this Lease for the benefit of creditors (other than as herein
permitted) or if LESSEE shall abandon the leased premises or
in the event rental due hereunder remains unpaid for thirty
(30) days after notice of nonpayment given to LESSEE, then in
any of said events, the CITY may declare the Lease to be
terminated and may enter into and upon the land covered by
this Lease or any part thereof and repossess the same
(including any and all improvements and installed fixtures)
and expel the LESSEE and those claiming under it and remove
LEASE AGREEMENT - PAGE 7 OF 12
LESSOR:
LESSEE:
283-3441
FAX 283-3014
Cary R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suile 200
Kenai, Alaska 99611-7794
283-3441
FAX 283.3014
its effects, forcibly if necessary, without being deemed
guilty of any manner of trespass and without prejudice to any
other remedies which might otherwise be used for possession or
for arrears of rent.
ARTICLE X
Indemnification
LESSEE shall protect, indemnify and save harmless the CITY
from and against any and all claims, demands, and causes of
action of any nature whatsoever for injury to or death of
persons, or loss or damage to property, occurring on the
Premises or in any manner growing out of or connected with the
LESSEE'S use and occupation of the Premises or the condition
of the Premises during the terms of this Lease.
.Any waiver by the CITY
shall not be construed
'default or breach nor
'implied, of any other
ARTICLE XI
Waiver of Default
of any default or breach of this Lease
to be a continuing waiver of such
as a waiver or permission, express or
or subsequent default or breach.
ARTICLE XII
Force Maieure
JIf by reason of strike, lockout, war, rebellion, material or
(labor shortage due to a national emergency, fire, flood,
hurricane or other casualty, periods of excessive rain, or by
any other matter not within its control, the CITY or LESSEE in
,good faith and without fault or neglect on its parts is
:prevented or delayed in the construction of any condition
,except as relates to rental payments or the maintenance of
'insurance which, under the terms of this Lease, it is required
to do so perform within a specified period of time, the period
of time within which such performance was to have been
completed shall be extended by a period of time equal to that
of such delay or prevention, and the CITY or LESSEE, as the
case may be, shall not be deemed to be in default if it
diligently performs and completes such work or covenant or
(condition in the manner required by the terms of this Lease
within the specified period of time as so extended.
ARTICLE XIII
Easements
(This lease is subject to all easements across the Premises
that are of record or reasonably ascertainable by a visible
!inspection of the premises.
LESSOR:
LEASE AGREEMENT - PAGE 8 OF 12 LESSEE:
I
ry R. Graves
City Anomey
CITY OF KENAI
210 Fidalgo Avenue
Sure 200
Kenai Alaska 9%11-7794
ARTICLE XIV
Trademark Claims of International Dairy Oueen, Inc.
International Dairy Queen, Inc. claims trademark rights on
certain items located on the premises. It is the sole
responsibility of the LESSEE to remove or dispose of those
items. A non-exclusive list of items covered are as follows:
A. Signage
The elliptical shape of the "Dairy Queen" sign is a
registered trademark. Therefore, it is not enough
to simply remove the sign faces and insert new ones.
The shape itself must be modified, so it is not
confusingly similar to the "Dairy Queen" mark.
B. Menu Boards
The boards cannot contain any trademarks of American
Dairy Queen Corporation, such as "Dairy Queen,"
"Brazier," "Blizzard," "Dilly Bar," "Buster Bar,"
and "Homestyle" hamburgers, and so forth. Any
reference to these marks and others owned by
American Dairy Queen Corporation must be removed.
C. Point -of -Sale Product Posters
These are posters displaying pictorial
representations of International Dairy Queen, Inc.
products. They are produced solely for licensees of
American Dairy Queen Corporation and cannot be used
by others.
D. Equipment
Any trademarks or trade names appearing on
equipment, such as the "Dairy Queen" logo, must be
removed or obliterated.
E. Imprinted Merchandise
Any napkins, cups, and so forth bearing the "Dairy
Queen" trademarks cannot be used.
'The LESSEE hereby warrants and guarantees that it will remove
�or dispose of said items to the satisfaction of International
Dairy Queen, Inc. The LESSEE further agrees that it will
indemnify the City of Kenai from any claims or loss concerning
;the above -mentioned items or from any trademark claims
;involving the demised premises and International Dairy Queen,
Inc. The lease of the former Dairy Queen facility does not in
any way convey or authorize use of material covered by a
trademark owned by International Dairy Queen, Inc. The use of
any items covered by trademark rights owned by International
Dairy Queen, Inc. is at the LESSEE'S own peril. The parties
LESSOR:
LEASE AGREEMENT - PAGE 9 OF 12 LESSEE:
283-3441
FAX 283-3014
Cary R. Graves
City Anomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 9%11-7794
to this lease do not intend International Dairy Queen to be a
third -party beneficiary of this lease.
ARTICLE XV
General Clauses
A. All references to the parties to the Lease and all
covenants, conditions and lease agreements of this Lease shall
apply to and be binding upon the CITY and LESSEE and their
respective heirs, executors, administrators, legal
representatives, successors and assigns (when assignment is
made in accord with the provisions hereof) as if they were in
each case fully named and stated. In this Lease both the CITY
and LESSEE are referred to in the singular and neuter gender.
However, such words and all other terms and words used in this
Lease regardless of the number and gender in which they are
used, shall be deemed and construed to include any other
number (singular or plural) and any other gender, masculine,
feminine or neuter, as the sense of the writing herein may
require, the same as if such words had been fully and properly
written in the required number and gender.
B. All notices to the CITY shall be sent by certified
or registered mail addressed to the City Manager, City of
Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska, 99611-
7794, or at such other address as the CITY may in writing from
time to time designate by written notice to the LESSEE. All
notices to LESSEE shall be sent by certified or registered
mail addressed to LESSEE at 300 Rogers Road, Kenai, Alaska
99611, or at such other address as LESSEE may from time to
time designate by written notice to the CITY.
C. This Lease is made under the applicable laws of the
State of Alaska and if any term, clause, provision, part or
portion of this Lease shall be adjudged invalid or illegal for
any reason the validity of any other part or portion of this
Lease shall not be affected thereby and invalid or illegal
term, clause, provision, part or portion shall be deleted and
ignored as if the same had not been written.
D. Venue for any dispute arising out of this Lease
shall be in the trial courts for the State of Alaska, Third
Judicial District at Kenai.
E. This Lease may be altered, modified or amended only
by written instruments signed by LESSEE and the CITY and
approved by the City Council of the CITY.
LESSOR:
LEASE AGREEMENT - PAGE 10 OF 12 LESSEE:
283-3441
FAX 283-3014
ary R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be signed and sealed the day and year first
above written.
DATED this day of
;CITY OF KENAI:
'Daniel L. Morris
;Acting City Manager
STATE OF ALASKA )
) ss
THIRD JUDICIAL DISTRICT )
, 19
LESSEE:
Peter Ischi
Valerie Ischi
THIS IS TO CERTIFY that on this day of ,
1996, PETER ISCHI, being personally known to me or having
produced satisfactory evidence of identification, appeared
before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1996, VALERIE ISCHI, being personally known to me or having
produced satisfactory evidence of identification, appeared
before me and acknowledged the voluntary and authorized
execution of the foregoing instrument.
LEASE AGREEMENT - PAGE 11 OF 12
Notary Public for Alaska
My Commission Expires:
LESSOR:
LESSEE:
283-3441
FAX 283-3014
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
1996, DANIEL L. MORRIS, Acting City Manager of the City of
Kenai, Alaska, being personally known to me or having produced
satisfactory evidence of identification, appeared before me
and acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of said City.
Notary Public for Alaska
My Commission Expires:
Approved as to lease form by City Attorney.
Approved by Finance Director.
Approved by City Manager.
Lease approved by Council on
C:\WPDOCS\LEASES\DO
Cary R. Graves
City Attorney
CITY OF KENAI
210 Fidaigo Avenue LEASE AGREEMENT - PAGE 12 OF 12
Sate 200
Kenai, Alaska 99611-7794 I
283-3441
FAX 283-3014
Carol L. Freas, City Clerk
LESSOR:
LESSEE:
INVENTORY OF RESTAURANT FURNITURE, FIXTURES & EOUIFMENT
Page 1 of 2
12 Double Booths, including seating
6 Half Booths, including seating
2 Rubbermaid Trash Cans
2 High Chairs
1 Service Cart for Condiments
1 Ice Cream Freezer
3 Soft Serve Machines
2 Soda Fountain Heads
1 14 foot Counter - Service area
2 Data Terminal Cash Registers
1 Drive -up PA System
2 Stainless Steel Tables
1 Slurpee Machine
2 Cone Dispensers
1 Shake Mixer
2 Hot Fudge Heaters
1 Refrigerated Prep Table
1 Stainless Steel Table & Sink Combo
1 Overhead Sign & Memo Boards
2 3-tier 6x5 Walk-in Cooler Racks
1 3-Compartment Stainless Steel Sink
1 Stainless Steel Work Table
2 Onion Slicers
1 400 Lb. Ice Machine
1 3x2 Safe
1 Small DesK
3 Beat up Chairs
1 4-tier 6 foot Rack
1 Roll in Rack
1 4x6 4-tier metal Rack Shelf
2 Self-service Ice Cream Machines
1 Double Deep Fryer
1 French Fry Warmer & Table
1 Bun Warmer
1 3x2 Small Refrigerator
1 Star Burger Cooker
1 Stainless Steel Prep Table
1 Hot Dog Steamer
1 Automatic Hamburger Broiler
1 3 Foot Stainless Steel Table
1 48 inch Fry Top & Stand
4 Metal Racks
1 2-drawer File Cabinet
Letters for Outdoor Sign
Hardware for Pop Machine
Shelving in Basement
6 Foot Metal Racks
Old Fountain Heads
2 Old Cash Erawers
Compressors for Freezers
Page .... ✓..... &h.. A ....
o7 Paaes
INVENTORY OF RESTAURANT FURNITURE, FIXTURES & EOUIFMFNT
PAGE 2 of 2
Kenmore Washer and Dryer
Drop in Salad Bar and Cabinet
1 4-drawer File Cabinet
Frame for Exterior Sign
2 Spreaders:
Miscellaneous items
4 Picnic Tables
2 Large Exterior Trash Cans
SPECIALIZED BUILDING IMPROVEMENTS
1 6x12 Walk -In Cooler
1 10x12 Freezer
1 Stainless Steel Vent/Hood with Ansui Fire System
1 25 Foot Post and DO Sign
1 Exterior Metal Sign for Drive -up
Page ...... Exh.. .:.....
of .... ;,.2-.-.... PaoP�
Kenai Arts and Humanities C
Box 822
Kenai, Alaska 99611 Organized in 1972.
Comprises of non-profit
(907) 283-7040 cultural organizations.
May 30, 1996 RECEIVED
W
Kenai MAYOR JOHN WILLIAMS CITY ADMIN. OF KENAI
Of KENAI CITY COUNCIL
historical
Russian 210 Fildalgo, Suite 200
Orthodox Church Kenai, Alaska9961 1-7794
and
salmon fishing
Attention: Kim Howard
AMENDMENT TO PRESENT LEASE WITH KENAI ARTS AND
HUMANITIES COUNCIL ON THE KENAI FINE ARTS CENTER
The Kenai Arts and Humanities Council asks that the Kenai City
Council extend the lease on the Kenai Fine Arts Center to twenty
years so that the KAHC will be in a requesting position when writing a
grant to construct a roof on the Center.
With the City Council's permission, the KAHC also wishes to seek
grant money to construct a workshop room either as a second story
to the Center or as an added room. There isn't enough space in the
present structure to meet the continual demand for both children and
adult workshops in every media of art.
Your cooperation in extending the Kenai Fine Arts Center lease
precludes the writing of a grant for constructing a roof over the
Center and adding a workshop room. As well, such action will be
appreciated as showing support for local art activity.
X" �iIJ D�
11
PEGGY GILL THOMPSON — PRESIDENT
KENAI ARTS AND HUMANITIES COUNCIL
JUN 04 '96 E12:05PM INLET CO/DRAGNET P.1
Cherrier & Cherrier
Contractors & Developers
1833 Post Road
Anchorage, Alaska 99501 /
Voice (907) 274-1551
Fax (907) 274-3617
6-4-96 Sent Via-Fax-283-3014 /
City Of Kenai JUN IN
Mr. k<eith Cornelis Rxeidsd
210 Fidalgo o
f x _ _
Kenai, AK 99611 �
RE: Bay Arms .Apts.
Dear Keith;
This letter is in response to your verbal request, that we submit in writing what we want
:n exchange for us to deed 3,822 sq. ft of our property, over to the City of Kenai, so the
City can complete the road improvements, to the Fort Kenai and Russian Orthodox
Church area.
You will recall we have had various conversations and one site visit pertaining to this
subject.
As .Previously discussed, we do not want any money for our property. What we want is
for the city to pave the balance of Alaska Ave., approximately 20 ft wide by 150 ft long
and ;gave the parking apron adjacent to Alaska. Ave., an area approximately 30 ft wide by
100 ft long.
We mould be wdling to deed the 3,822 sq ft of our choice view properties, if we can
reach an agreement. Please bear in mind, that by paving the small portion of Alaska Ave.,
it will certainly cut down on the City road budget by reducing road maintenance. This
road is up to pavmi g standards, so all that is required is the gutter & asphalt.
We are willing to work with you anytime, to accomplish completion of the project.
Very truly yours
- ------------�
e 1, Cherrier
Cherrier &. Cherrier
CITY OF KENI
Gd 4,41,cu*w
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
'III�1
1992
TO: Mayor Williams and Kenai City Council
FROM: Daniel Morris
Acting City Manager
DATE: May 31, 1996
SUBJECT: Jet Fuel Facility and City Maintenance Shop Sites
At the last city council meeting several memorandums addressing
the potential contaminated soil sites were included in the packet
for discussion but, due to the length of the meeting, the issues
were not discussed. I am including the same information in this
packet just to inform the council that the proposed expenditures
for these two projects were not included in the FY97 budget and I
expect the money would be requested in an ordinance with council
approval at the June 19th or July 3rd council meeting.
DLM:lrr
CITY OF KENAI
It
Gil eCI,i"4 414,1*46 ►►
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
FAX 907-283-3014 kyowl
rw�oon
1�II'I
1"2
MEMORANDUM
To: Mayor Williams & Kenai City Council
From: Thomas J. Manninen, City Manager.
Date: May 13, 1996
RE: Jet Fuel Facility and City Maintenance Shop Sites
The latest correspondence on the city -owned potential
contaminated soil sites is attached for city council's
information and direction. See copies of the May 6, 1996
Department of Environmental Conservation's response to the city
manager's April 2, letter regarding the city of Kenai's proposed
plans for the Kenai airport jet fuel facility and the city
maintenance shop sites. After a May 13, 1996 meeting with the
city staff, I am advising/recommending the city council of city
staff plans and actions needing council direction.
Unless otherwise directed, by the Mayor and city council, the
city staff plans to introduce two ordinances at an upcoming city
council meeting, possibly the first meeting in June 1996, for
introduction and the second meeting for adoption. These
ordinances will direct capital funding for the city maintenance
shop and the jet fuel facilities projects per the recommendations
in the Northern Test Lab study by Peter Campbell dated June, 1995
for the city maintenance shop area, i.e. that is, that there
would be five (5) test/monitoring wells along the city
maintenance shop property lines installed and the retesting of
seven (7) existing wells for an approximate cost of $10,000. If
approved/appropriated by city council, this $10,000 would be
charged 50% to the city's airport fund and 50% to the city's
general fund. The funding specifics will be outlined in the
appropriate ordinances that will be drafted by the attorney and
reviewed by the staff and submitted to the city council for
action.
Secondly, the proposed ordinance for the jet fuel facility will
require approximately a $10,000 appropriation for a Phase I
study. The city staff is preparing to go ahead with an RFP,
request for proposal, for a Phase I study on the jet fuel
facility. Also, for cost comparison purposes, an added
alternative for a Phase II study along with the Phase I study.
The city council will then have a choice whether to authorize a
Phase I study or a Phase I and Phase II combined study.
City Council
May 14, 1996
Page 2
Memorandum
Nevertheless, the estimate is $10,000 for the jet fuel facility
work (Phase I only). There are no dollars currently appropriated
in the FY96 or FY97 budgets to do either of these contaminated
soils remediation projects for the city maintenance shop or the
jet fuel facility.
ACTION NEEDED: CITY COUNCIL ACKNOWLEDGEMENT, DIRECTION AND
SUPPORT TO PROCEED IN PREPARING ORDINANCES TO APPROPRIATE FUNDS
TO FOLLOW THROUGH WITH THE RECOMMENDATIONS OF THE CITY'S JUNE 5,
1995 NORTHERN TEST LAB STUDY LETTER AS WELL AS THE LETTER IN THE
MAY 6, 1996 DEC LETTER, AS WELL AS THE CITY MANAGER'S APRIL 2,
1996 LETTER. With the Council concurrence and direction of this
administrative recommendation, the money would be appropriated by
ordinance and it would not need to be appropriated in the FY97
budget. Furthermore, if followed through, it would be the
administration's plan to inform the Department of Environmental
Conservation prior to July 1, 1996 of the city council's actions
in order to work with the Department to establish mutually
agreeable time frames and work plans for the completion of all
necessary work at the city maintenance shop and jet fuel facility
sites.
cc: Keith Kornelis, Public Works Director
Cary Graves, City Attorney
Jay Sweeney, Finance Director
Rachel Clark, Engineering Technician
Randy Ernst, Airport Manager
Jack La Shot, City Engineer
Attachments: (1) May 6, 1996 Letter from the Dept. of
Environmental Conservation
(2) April 2, 1996 Letter Regarding the City of
Kenai's Proposed Plans for the Kenai Airport
Jet Fuel Facility and City Maintenance Shop
Sites per Council Action
Direction: Add to the Information packet and to the City
Manager's Report under May 15, 1996 Council
packet.
C:\WPDDCS\TJM\DEC.MEM
DEPT. OF ENVIRONMENTAL CONSERVATION
DIVISION OF SPILL PRE«NTION AND RESPONSE
410 Willoughby Avenue. Suite 105
Juneau. AK 99801-1795
May 6. 1996
�0
Glik �Go� �'yt
A,49�
T � - C '4
FAX No. (907)465-5262
REC21VED
Mr. Thomas J. Manninen
City Manager, City of Kenai CITY ADMIN. OF 1{E�IAi
210 Fidalgo Street, Suite 200
Kenai. Alaska 99611-7794
Re: Kenai Airport, UST Facility I.D. # 0753
Lease lot for the Former Kenai Aviation Services, Inc. ("Jet Fuel Facility")
City of Kenai Maintenance Shop. Spill # 94-23-01-101-02
Dear Mr. Manninen:
Thank you for your April 2 letter regarding the City of Kenai's proposed plans for the Kenai
Airport Jet Fuel Facility and City Maintenance Shop sites. The Department appreciates the
attention you have given to begin resolution of the contamination issues at these two sites.
City Maintenance Shop
The Background information that you provided to the Department indicates that the city has
identified the Department of Defense (DOD) as a Potential Responsible Party (PRP) for some of
the contamination at the city maintenance shop. John Halverson, of our Department of Defense
oversight section in Anchorage, has notified Greg Smith with the U.S. Army Corps of Engineers
(USACE). We recommend that you contact Mr. Smith at 753-5793 to discuss your information
and needs. Please pass on copies of any evidence that you may have of DOD responsibility to
Don Seagren, the Department's project manager for this site. The Department will use it to
prepare and forward a PRP notification letter to the USACE if determined appropriate.
The installation of five additional groundwater monitor wells and sampling of all the existing
monitor wells at the site is a good initial step to address the contamination at this site. The
additional monitor wells will allow us to better define the contaminant plume. Sampling of all
the monitor wells will also allow us to determine the current site conditions and any changes
from last year. Don Seagren should be contacted for any questions or necessary reviews for
work at this site.
Jet Fuel Facility
The Phase I Site Assessment at the Jet Fuel Facility should include the removal of the tanks and
assessment of the site per 18 AAC 78.085. Monica English. with the Department's Storage Tank
Program, is the project manager for this facility. She should be contacted at (907) 262-5210 in
regards to this site.
Mr. Thomas J. Manninen
May 6, 1996
Your letter stated that FY97 funding should be finalized by 5 June 96. Please inform the
Department of the city council's actions by the end of June, so that we may work with you to
establish mutually agreeable time -frames and work plans for the completion of all necessary
work at these sites. Thank you for your continued cooperation in these matters.
Sincerely,
Kurt Fredriksson
Director
RKJmh (G.\CS=,MANNiNEN. WPD)
cc: James Hayden. Program Manager, ADEC, STP, Juneau
Ron Klein, Acting Program Manager, ADEC, CSRP, Anchorage
Don Seagren, Environmental Specialist, ADEC, CSRP, Soldotna
Monica English, Engineering Assistant, ADEC, STP, Soldotna
John Halverson, Environmental Specialist, ADEC, CSRP, Anchorage
Ch Y OF KENAI
C9, d 6 6 pa; kia I o J 414U"
210 FiDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283.3014
�Ill�kl
April 2, 1996
Kurt Fredriksson, Director
Dept. of Environmental Conservation
Division of Spill Prevention and Response
410 Willoughby Avenue, Suite 105
Juneau, AK 99801-1795
RE: In Response to your Certified Letter of March 22, 1996
Regarding Kenai Airport, UST Facility I.D. #0733 and,
Letee Lot for Former Kenai Aviation services, Inc.
City of Kenai Maintenance shop, Spill #94-23-01-101-02
Dear Mr. Fredriksson:
This is to advise you that we are in receipt of your March 22
certified letter. The City staff has met, discussed options and
is in the process of requesting FY97 budget appropriations from
the City Council. These contaminated soils issues will be under
consideration by the City Council in the FY97 budget which should
be finalized on June 5, 1996. Please see the attached April 2,
1996 memorandum from the City Manager to the Mayor and City
Council summarizing the current City environmental projects and
projected costs presently estimated for cleanup. The City
Council will be requested to follow through with a drilling
sampling and analysis for approximately $5.000 on the City
Maintenance Shop and to fund a Phase I Investigation for
approximately $10.000 on the jet fuel facility in the FY97
budget.
Additionally, the City of Kenai will be sending the April 2, 1996
memorandum to Senator Ted Stevens requesting him to make the
appropriate department/agency revenue appropriations in the
Federal FY97 budget rrocess to adequately fund federal agencies
to assist Kenai cleanup of the following:
1) City Maintenance Shop - Corps of Engineers;
2) Jet Fuel Facility.
Sincerely,
Thomas J. Manninen
City Manager
cc: Mayor Williams and Kenai Council Members
City Staff
Attachments: Kenai April 2, 1996 memo and attachments
DEC March 22, 1996 letter
C:\WPOOCS\TJM\DEC.LTR
kenai Cltll- t'I 'I
, It -,olllllev
- June 3, 1996 -
Airporl Ilanager's Itetmors
Kenai Vita nicipal tirporrt
1995 - 1996
Long -Term Pay Parking
Receipts
Total Receipts - July 1, 1995 to May 29, 1996
Parking = $62,439.44
34 Permits = $ 7,969.67
`l w al 0 ., 1419. 1
Total liailr Viverage Parking Receipts for 334 Days = S i
120 Impounds to Date
6, �ji.
AI —ERA
87
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Totals
Kenai Nltmivkj),_ l ;Ikirport
April 1996 Enplanements
Total 7,786
1996 Monthly Enplanements
E R:''+
7,351
6,889
7,350
6,790
SCA
912
887
1,069
996
996
SCA
13%
Monthly Total
8,263
7,776
8,419
7.786
32,244
SS£'0£L
689'Ltt
$100'90L
06L'90L
SWOLL
ZL8'Z0L
6OL'98
96E'L8
68L'L8
SZZ'te
0£6'LOl
68E186
ZSO'86
SIVIol
l,SZ'8
SEVOL
8LO'6
ZSZ'8
M'8
L9L'8
SLZ'9
Z6L'L
ES8'9
L90'L
Z*S'8
6ZL'8
LE8'L
AquiaDM
O8S'LL
SBSbI
E80'6
£L6'L
EZ9'8
L98'6
LE6'9
W'9
SKI
OSL'9
ES£'L
ZSi'8
SEE'L
AgUIMON
9Z0'LL
69VOL
888'8
EL8'L
O6S'8
OL9'6
LWL
ZZL'9
6LV9
080'9
ZZ►'8
HO'L
LtS'L
AgopO
fi8'O L
£S9b L
E LS'6
S9S'8
LSS'6
SL L'6 -
9Li'L
LES'9
SSS'9
OL9'9
OZZ'6
6S0'8
ZZVL
AquMd*S
6L6'ZL
SLE'ZL
SLE'tt
SLE'LL
SSL'LL
SEL'LL
Z£S'6
S08'8
i81.'8
LEO'8
69i'LL
WVOL
8f6'6
3SnBnV
8614 t
i6Z'Z L
►S9' L t
*891 L
6901 L
6LZ'Z L
ESL'6
Z66'8
600'6
6£9'8
L9L'Z L
68V L L
86VO L
AInf
89Z'LL
009'OL
ZO*'6
ME%
8L8'OL
LLZ'6
890'8
Z►E'L
68Z'L
6E£'e
OL9'6
LL8'8
at'8
aunt
820'0L
9Z9'8
L8L`L
600'8
ELV6
SL8'L
L6L'9
EGE*9
60Z'9
*SO'L
LLL'6
t6S'L
EZ9'L
AeW
OL9'6
98E'L
L60'L
LZ9'8
LLS'8
f98'9
ZL0'9
Ll6'S
LL6'S
6S8'S
SSO'8
89S'9
ZZL'L
IIJdV
OSE'tl
ZL0'6
L£9'L
E9V6
LSVS
89L�9
ESZ'9
89Z'9
698'S
Z86'S
8EVe
6Z8'9
OWL
LPJeW
8*£'6
EZO'L
LSS'9
L6L'L
Lfl'L
LZ£'S
LOS'S
6LE'S
00619
E98'9
8669
LOZ'9
9SL'L
AUenJgaj
0LS'6
L We
SWL
OWL
SSE'8
SOWS
8LS'9
96t%
qW9
L6*'L
9L L'8
906'9
£LO'8
Ainnaef
S66L
i66L
E66L
Z66L.
L66L
066L
696L
996L
L96t
996L
S86L
1,86L
E96L
S66t - 996t
sluawoueldu3 10 alisodwo:) #c4jeaA
liodjiV ledioiunW ieua)l
INFORMATION LIST
Kenai city council Meeting
of
June 5, 1996
1.
5/15/96
council meeting "To Do" List.
2.
5/21/96
"After Prom Activities Committee" thank you letter.
3.
5/24/96
KK memorandum regarding New Animal Control Shelter.
4.
5/21/96
Safety Committee Meeting Minutes.
5.
5/14/96
Senator Stevens letter regarding items included in
the 1996
Omnibus Appropriations Bill (passed on April 26,
1996).
6.
5/24/96
KK letter to State DOT regarding Ft. Kenay/Mission
Street
Improvements.
7.
5/21/96
KK memorandum regarding DOT and city cooperative
effort
to paint stripes and sweep Spur Highway in Kenai.
8.
5/31/96
TM memorandum with telephone numbers where he can be
reached
during vacation.
9.
Letter regarding opposition to proposed regulation 5 AAC
56.050,
Waters Closed to Sport Fishing(b)(11), closing most
private
and accessible public property along the Kenai
River.
10.
5/29/96
Dept. of Fish & Game letter tentatively approving
Kenai Beach Dunes Project.
KENAI CITY COUNCIL MEETING
MAY 15, 1996
"TO DO" LIST
TM - Severely restrict Kenai River Festival and other users at Memorial
Park away from the sidewalks, plaques and plantings (trees, shrubs,
flower beds).
COUNCIL - Set a definition for appropriate use of Memorial Park in order that
the city manager and Parks Director can better schedule use of the
Park.
KK - Cancel purchase order to Hutchings for shop truck -- re -award bid
to Craycroft Chrysler at not -to -exceed price of $22,750.
CRG - Contact DOT and discuss question of "perpetuity" in regard to right-
of-ways for Ft. Kenay/Mission Street Improvement Project.
ADMIN - Hold off on addition to Flight Service Station.
JS - BUDGET CHANGES:
REMOVE DEPARTMENT
$ 3,333
1,600
2,000
3,200
1,000
2,500
600
400
5,000
1,000
800
3,500
6,000
5,000
2,000
CITY CLERK
NON -DEPARTMENTAL
BUILDINGS
PARKS
LEGISLATIVE/TRAVEL
LEGISLATIVE/TRAVEL
FINANCE/TRAVEL
FINANCE/TRAVEL
LEGISLATIVE
LEGISLATIVE
LEGISLATIVE
STREETSBUILDINGS
LEGISLATIVE
CONGREGATE HOUSING FUND
CONGREGATE HOUSING FUND
ITEM
One Image Station
Color copier
Chamber Blinds
Concrete Floor
AML Conference costs
NLC Conference cost
Beginning Account Course costs
Intermediate Accounting Course costs
City brochures
Resource Development Council dues
City pins
Office Expansion
Chamber brochures
Sidewalk Addition*
Landscaping/Sun Room*
*These costs are to be taken from the FY96 Congregate Housing budget, but not from the Reserve
Account.
Page 1 of 2
OTHER DIRECTIONS:
• Leave $30,000 in Repairs Contingency, but DO NOT earmark it for the Animal Control
Shelter.
• Make appropriate changes to Communications and Police Department budgets pursuant
to your 5/14/96 budget correction memorandum.
Page 2 of 2
AFTER PROM ACTIVITIES COMMITTEE
Kenai Central High School
9583 Kenai Spur Highway
Kenai, Alaska 99611
May 21, 1996
Kenai City Council
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611
1 2122��a
MAY 1995 s
rr C"
The Kenai Central High School "After -Prom" Activities Committee thanks you for your
generous donation of the waived rental fee to this year's after prom activities.
Approximately 125 young people and adults participated in this fun -filled event. More
importantly, we succeeded in keeping the majority of the KCHS youth safe and off the
streets, which was our ultimate goal. Without your support, the after prom events would
not have been possible.
Thank you again!
KCHS "After -Prom" Activities Committee
MEMORANDUM
TO: Mayor Williams and City Council
THROUGH: Dan Morris, Acting City Manager ��
FROM: Keith Kornelis, Public Works Direct
DATE: May 24, 1996
SUBJECT: New Animal Control Shelter
FOR: City Council meeting of June 5, 1996 - Information
Bill Godek and I made a presentation to the KPB Finance Committee on May 21, 1996.
We went through the attached April, 1996 "Existing and Proposed Animal Control
Services for the Kenai Peninsula Borough."
I was asked if the City of Kenai is interested in simply receiving an amount per animal for
the animals we handle from outside the city. I stated that the city was more interested
in receiving capital construction funds from the KPB for building a new animal shelter.
The break even cost we would have to charge per animal would be extremely high. The
revenue and user fees for our animal shelter does not cover our expenses. People would
simply dump their dogs at the shelter to avoid impound or intake fees.
There were mixed views form the Finance Committee whether the KPB should be willing
to contribute to the cost of a new Kenai Animal Shelter. No decision or vote was taken
so I have no idea what will become of our proposal and funding request.
KK/kw
C:\WPDOCS\PROJECT\SHELTER\KPBINFO.MEM
EXISTING AND PROPOSED ANIMAL CONTROL SERVICES
FOR THE KENAI PENINSULA BOROUGH
By: Bill Godek April, 1996
Chief Animal Control Officer
City of Kenai
This report covers animal control services in certain borough areas that are presently
provided by the City of Kenai and those services that may be provided in the future. It
will be separated into two parts:
Part 1: Existing Animal Control Services
At this time the City of Kenai furnishes limited animal control services for areas outside
city limits that have more than twice the population of Kenai. For example, if you take
the combined population figures for borough areas that surround Kenai (excluding
Soldotna) you come up with a figure of over seventeen thousand (17,000) citizens.
Outlined in Part 1 are services the City of Kenai provides to borough residents within
these areas.
Part 2: Proposed Expanded Animal Control Services
This part will cover a scenario for expanded services of surrounding borough areas. Of
course, this is hypothetical and contingent on various financial and political factors the
future might hold.
PART 1
EXISTING ANIMAL CONTROL SERVICES
The intake of borough origin stray and unwanted pets account for nearly a third of the
animals handled at the Kenai Animal Shelter. The areas of Nikiski, Daniels Lake,
Salamatof, Ridgeway, Gaswell, Kalifornsky, Kasilof and Sterling make up the majority of
non -city animal intake. The degree of intake basically corresponds to the above order
of areas.
We not only furnish service by our acceptance of the unwanted borough animals, we also
furnish the disposition of these cases, which is where the real service begins. The
disposition of the cases break down into three categories: (1) claimed by owner; (2)
replacement or adoption, and (3) euthanasia.
When a borough resident claims their animal we charge $3.00 per day for boarding and
ensure they get a rabies vaccination which is $12.00. We do not charge impound fees
unless the animal was impounded within our jurisdiction. This is a legal area that must
be looked into for future consideration. The question is: are strays from borough areas
Page 1 - Existing and Proposed Animal Control Services
subject to our impoundment and "at large" ordinances?
When a borough resident releases their animal to us, we try to collect $15.00 for dogs
and $10.00 for cats. However, most of the time the citizen bringing us the animal is doing
so because they can't afford to keep it, let alone pay our fees. Litters also run up the
fees, which most citizens can't really afford. Fee schedules for borough strays have yet
to be established and we accept them free of charge as we do for city residents. This
area needs an agreed upon fee structure, but I seriously doubt most borough residents
would comply with such a fee.
Presently, adoption services only cover the medical cost of the animal. The city has a
$10.00 fee, included with the adoption fee, which is only a token of the actual costs.
Euthanasia services provided to non -city residents are for unwanted, stray, sick, injured,
and old animals. Actual costs for this service is unknown at this time. In another report
it was mentioned the cost is approximately $95.00 per animal intake.
We also provide limited medical services to borough animals. This includes first aid,
shock stabilization, and minor surgeries. These costs are not passed along to the owner
because most of these cases are unclaimed.
When requested by Alaska State Troopers or the Dept. of Environmental Conservation
(DEC) we provide technical and investigative support for animal bites in the borough.
Some times, with officer discretion, we enter borough areas to pick-up involved animals.
Of all the borough services rendered, this is one of the most vital. Human health issues
must always supersede boundaries. At this time we provide quarantine and specimen
expediting services free of charge. This is another area where costs are incurred by the
city and needs closer examination.
Finally, an existing service for borough residents comes in the form of information and
advice. We receive many calls asking about everything from lost pets to neighborhood
complaints. Although these calls are mundane, they are important to the caller and to us
in the promotion of proper animal care.
PART 2
PROPOSED EXPANDED ANIMAL CONTROL SERVICES
At this point, the reader is reminded that Part 2 of this report is purely a hypothetical
scenario. It is contingent upon agreements between various cities and the borough.
Establishment of animal control ordinances in the borough and funding to implement any
program are necessary.
Primarily, the borough needs to develop an ordinance that empowers its citizens to
remove or capture nuisance animals. A leash law would not be enforceable in the case
Page 2 - Existing and Proposed Animal Control Services
of borough areas. This ordinance should enable private property owners to obtain live
capture cages (humane animal traps) from Kenai Animal Control to capture nuisance
animals on their property. This service can be provided with limited expense, requiring
a sign out deposit system, and without staff increases.
Concurrent with a nuisance ordinance, an impoundment fee schedule needs to be
attached. These fees can correspond with our City of Kenai impoundment regulations.
Another step in this process is officer field enforcement. As stated previously, we already
respond to some requests from state officials. This is on a case by case basis and city
cases remain a priority. To expand our service area, we would require new staff and
equipment expenditures.
Service areas would need to be defined by boundaries and populations. This can only
be done through complex agreements with other municipalities and the borough. I will
try to define these service ares in relationship to populations and geographic locations.
Our records reflect the majority of unwanted animals come from the combined areas of
Nikiski, Salamatof, and Daniels Lake (please refer to the census designated map,
provided). To a lesser degree, the areas of Ridgeway, Gaswell, and Kalifornsky
contribute to unwanted borough animals. Finally, Kasilof and Sterling affect this influx to
some extent.
The Kenai Animal Control office is proposing to provide response services to the first two
areas, provided that Soldotna does not come on board with their own proposals. These
areas surround the City of Kenai and have a service population of over twelve thousand
(12,000). (Refer to Proposed Service Area and Population Chart.)
CONCLUSION
The first part of this report described existing services provided by the City of Kenai to
areas of the Kenai Peninsula Borough. These basic services are not in jeopardy and
cannot be ignored by us when borough animals show up at the shelter. Simply put, we
will have to continue to address the problem of 'at large" borough animals in city limits
now, and in the future.
Our two governments need to formalize these basic services. The City of Kenai proposes
to reach an agreement with the Kenai Peninsula Borough through a one time grant to
help the city construct a new animal shelter.
When (and if) expanded services are attached to our duties, we start getting into costs
that will rapidly exceed any proposed one time grant. Expanded services will require
establishment of service areas and ordinances, both of which may need a mandate from
borough citizens. Staff and equipment increases will also be necessary to implement any
Page 3 - Existing and Proposed Animal Control Services
expanded program.
The above process will be a lengthy one, but one that needs to be addressed. It has
always been our concern that a tragedy involving an child will finally be the catalyst that
forces borough animal control into reality. Making it all happen may not avert a tragedy,
but it will give borough government and it's citizens a vehicle of response to a long history
of animal related problems.
Page 4 - Existing and Proposed Animal Control Services
PROPOSED SERVICE AREA AND POPULATION CHART
PRIMARY SERVICE AREAS' POPULATION
1. Nikiski 3,087
2. Daniels Lake 950
3. Salamatof 1.090
Sub -Total 5,127
SECONDARY SERVICE AREAS 2
1. Ridgeway 2,312
2. Gaswell 4,000
3. Kalifornsky 327
Sub -Total 6,639
TOTAL POPULATION 3 11,766
Data Sources:
Alaska Department Labor Census Designated Place
Kenai Peninsula Borough Planning Department Census Designated Place Estimate
' Figures current as of July, 1996, except Daniels Lake which is a 1994 Borough
estimate.
2 Figures current as of July 1995, except Gaswell which is a 1994 Borough
estimate.
3 Excludes the Sterling and Kasilof areas with a combined total populatin of 5,446.
Y06/C7JC uw ri OiT 1 'err �.
N1tlON
S30V d JJ
O3IVNOS-10 snSN30
Nomna tre 1I111
N9nonot V"NIN3A IV Nall
iI
11 11
,w nv3\fy
S/SA7VNV '8 30drUS3d 'W9V7 30 1d30
831N30 VIVO VNSV7V d0 31VIS '30brOS
SV3fJV 301A83S 1081N00
IVWINV 03SOdOdd
SAFETY COMMITTEE MEETING AGENDA
May J f,1996 10:00 a.m. Council Chambers
91
A - Administrative Items
A-1: Roll Call (Secretary)
A-2: Approval of Agenda
A-3: Approval of Minutes
B - Accident/Spill Reports
B-1:
3/ 15/96 Injury - Public Works
B-2:
3/22/96 Accident - Police
B-3:
3/26/96 Injury - Parks and Rec.
B-4:
5/ 1/96 Injury - Fire Department
C - Discussion/Action Items
C-1: Review/Comments on Cranes and Hoist section of the City General Safety Plan.
D - Informational / Safety Coordinator Items
D-1: Commercial Drivers and Chauffeur's Licenses.
D-2: Shop Representative Resignation
D-3: Fire Department Representative Resignation
E - Committee Comments
1.
Airport
8.
Police
2.
Animal Control
9.
Senior Center
3.
Buildings
10.
Sewer Treatment Plant
4.
City Hall
11.
Shop
5.
Fire
12.
Streets
6.
Library
13.
Water and Sewer
7.
Parks and Recreation
F- Adjournment
CITY OF KENAI SAFETY COMMITTEE Unapproved
**MINUTES**
May 21, 1996 - 10:00 a.m.
A. Administrative Items
A-1 Roll Call
Members present: Keith Holland, Bill Godek, Robin Feltman, Gene Backstrom,
Jeff Kohler, Fred Macvie, Dave Reetz, Norm Erickson,
Bob Frates, Linda McNair
Members absent: Bob Springer, Tom English, Mark Langfitt
Also present: Rachel Clark, Kathy Woodford, Swede Freden
A-2 Approval of Agenda
MOTION
Keith Holland MOVED for approval of the May 21, 1996 Agenda and asked for
UNANIMOUS CONSENT. Bob Frates SECONDED. There being no objection the
MOTION PASSED UNANIMOUSLY.
A-3 Approval of Minutes
MOTION
Norm Erickson MOVED for approval of the March 19, 1996 Minutes and asked for
UNANIMOUS CONSENT. Keith Holland SECONDED. There being no objection the
MOTION PASSED UNANIMOUSLY.
B. Accident/SRill Reports
B-1 through B-4
B-1: Erickson commented that he witnessed this accident. It was caused by water
running off the roof and freezing in front of the door. It was suggested ice melt be kept
by the door in order to prevent the ice build up.
Clark stated that accident reports need to be filled out as soon as possible and if you
have to go to a doctor, fill out a workers comp. report too. It was stated that the injury
didn't seem bad at the time, it got progressively worse forcing the person involved to go
to the doctor at a later date. Godek stated he had the same thing happen to him and
workers comp. didn't have a problem with him filling out the report at a later time since
the injury flared up well after the accident.
B-2: There were no comments concerning this report.
Page 2
Safety Committee
May 21, 1996 Minutes
B-3: Frates reported that he removed his gloves to take a measurement and didn't
replace them. He realizes his error and will wear gloves in the future.
B-4: There was discussion regarding when to, and when not to, fill out an accident
report. It was stated that a jammed finger didn't seem like it needs an accident report.
Backstrom said the report states a possible dislocation of the finger and a report was
needed. Clark stated the general rule of thumb is that when ever first aid is required a
report should be done and it is for your own good as well as the city's.
Erickson suggested keeping a log of minor injuries that don't require an accident report.
Further discussion went on to suggest listing minor injuries ( i.e., jammed finger, stubbed
toe, etc.) be written in the employee's diary in case of future problems, this way it is
recorded.
It was decided to have this subject put on the July agenda for discussion.
C. Discussion/Action Items
C-1 Review/Comments - Cranes and Hoist Section of the
City General Safety Plan
Clark stated at the last meeting she was asked to clarify who could do testing on
cranethoists. She said we cannot repair or alter the slings, they must be proof tested by
the manufacturer or equivalent entity.
There was discussion about when to inspect, noting the "Monthly Chain/Rope Inspection
Sheet." Swede Freden stated he was told by an OSHA inspector to "inspect upon use"
and log it.
MOTION
Keith Holland MOVED to approve the Cranes and Hoist Section of the General Safety
Plan. Fred Macvie SECONDED.
Page 3
Safety Committee
May 21, 1996 Minutes
VOTE:
DEPARTMENT
VOTE
DEPARTMENT
VOTE
AIRPORT
Yes
ANIMAL CONTROL
Yes
BUILDINGS
Absent
CITY HALL
Yes
FIRE DEPT.
Yes
LIBRARY
Yes
PARKS & REC.
Yes
POLICE DEPT.
Yes
SENIOR CENTER
Absent
STP
Yes
SHOP
Yes
STREETS
Absent
WATER/SEWER
Yes
MOTION PASSED UNANIMOUSLY.
D. Informational/Safety Coordinator Items
D-1 Commercial Drivers and Chauffeur's Licenses
There was miscellaneous discussion discerning the difference between donation and fee.
D-2 Shop Representative Resignation
It was noted Dave Reetz is the new Shop rep.
D-3 Fire Department Representative Resignation
Clark stated Gene Backstrom will be the new Fire Department rep. She added in July
the commission will have elections for new officers.
E. Committee Comments
Erickson asked if a copy of the committee meetings minutes can be given to Department
Heads/Supervisors, to keep them informed. He also referred to old memos that have
been mentioned and asked if there is a reading file he can look at to read some of them.
It was stated that Dan Young should have a reading file on city memos and if not, Clark
or Woodford can find any Erickson is interested in.
Clark stated she will give supervisors a copy of meeting minutes.
Page 4
Safety Committee
May 21, 1996 Minutes
F. Adjournment
MOTION
Keith Holland MOVED to adjourn the meeting at 10:35 a.m. and asked for UNANIMOUS
CONSENT. Fred Macvie SECONDED. There being no objection the meeting was
adjou rned.
Transcribed and submitted by:
Kathy- Woo rd
Public Works Admin. Assistant
MARK O. HATFIELD, OREGON, CHAIRMAN
?ED STEVENS. ALASKA
ROBERT C. BYRD. WEST VIRGINIA
THAD COCHRAN, MISSISSIPP+
DANIEL K. INOUYE, HAWAII
ARLEN SPECTER. PENNSYLVANIA
ERNEST F. HOLLINGS, SOUTH CAROLINA
PETE V. DOMENICL NEW MEXICO
T BENNETT JOHNSTON, LOUISIANA
PHIL GRAMM, TEXAS
PATRICK J. LEAHY. VERMONT
CHRISTOPHER S. BOND. MISSOURI
DALE BUMPERS. ARKANSAS
SLADE GORTON. WASHINGTON
FRANK R. LAUTENBERG, NEW JERSEY
MITCH McCONNELL. KENTUCKY
TOM HARKIN, IOWA
"ONNIE MACK. FLORIDA
BARBARA A. MIKULSKI, MARYLAND
VRAD BURNS MONTANA
HARRY REID, NEVADA
LARD C. SHELBY, ALABAMA
J. ROBERT KERREY, NEBRASKA
MES M. JEFFORDS, VERMONT
HERB KOHL. WISCONSIN
JUDD GREGG. NEW HAMPSHIRE
PATTY MURRAY, WASHINGTON
ROBERT F. BENNETT, U�AH
KEITH KENNEDY, '.. TAFF DIRECTOR
JAMES H ENGLISH, MINORITY STAFF DIRECTOR
United .$tatcs senate
COMMITTEE ON APPROPRIATIONS
WASHINGTON, DC 20510-6025
May 14, 1996
The Honorable John J. Williams
Mayor
City of Kenai
Y
210 Fidalgo Avenue
Kenai, Alaska 99611
Dear John:
cJ
MAY 1996 N
Y CLERK '
6, FKE�Jt'
I am writing to inform you of recent items that were
included in the 1996 Omnibus Appropriations Bill, which
passed April 26, 1996.
As part of the bill, $400,000 was appropriated to
upgrade the deteriorated campground at the Russian River
site in the Kenai National Wildlife Refuge. This funding
supplements investment by the State of Alaska for the
Sportsmen's Lodge at the popular angler site.
Au_so $200,000 was appropriated for complete
restoration of the Holy Assumption of the Virgin Mary
Orthodox Church.
Language was also inserted in the bill report
direct=_ng the Fish and Wildlife Service to "carefully
consider the needs at Kenai-, Alaska" as it allccates funds
for emergency relief following the devastating floods in
1995.
Also included was $520,000 for a new Alaska Fisheries
Information Network, which will provide for the creation
of a new database of statistics relating to the fisheries
off Alaska. This database may be useful in keeping track
of information such as the amount of salmon intercepted in
the trawl fisheries off Alaska.
The bill provided $3.3 million to continue to monitor
and prevent illegal high seas driftnet fishing and to
ensure full. implementation of the anadromous stocks
convention, which also helps to protect our Alaska -origin
salmon from foreign fishermen on the high seas.
John J. Williams
May 14, 1996
The bill provided $1.5 million for the West Coast
National Undersea Research Program (NURP) Center, which is
headquartered at the University of Alaska Fairbanks. The
West Coast NURP Center conducts research in the Gulf of
Alaska and Bering Sea, and stages research from Seward.
The bill and report both contain language prohibiting
the Department of Interior and the Department of
Agriculture from issuing or implementing final regulations
to assert jurisdiction, management, or control over
navigable water in Alaska for the fiscal year.
Please do not hesitate to contact my office with any
questions.
With best wishes,
S
CITY OF KENAI
It Od eC6n 4 4121>)Za
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
May 24, 1996
Jim Childers
State of Alaska, DOT/PF
PO Box 196900
Anchorage, AK 99518-6900
Subject: Ft KenaylMission Street Improvements
Dear Mr. Childers:
The State of Alaska, the Federal Highways, and the City of Kenai are working on a
project called Ft. Kenay/Mission Street Improvements. This project was initiated and is
supported by the property owners adjacent to this improvement.
Once this road becomes a dedicated public right-of-way (ROW) and is improved, the City
of Kenai will maintain the roadway in such a way as not to detract from the historical
nature of the surroundings.
The transfer of ownership and management of this road into a dedicated ROW shall not
damage or threaten the integrity of the National Historic Landmark, nor alter the
Landmark's boundaries.
Sincerely,
Keith Komelis
Public Works Director
KK/kw
cc: Mayor Williams and City Council
Tom Manninen, City Manager
Henry Knackstedt, Mike Tauriainen's Office
C:\11PDOCS\PROJECT\MISSION\TRANSFER.LTR
CITY OF KENAI • PUBLIC WORKS DEPT.
210 Fidalgo, Kenai, AK 99611 • (907) 283-7535
TO: / U//��J41& /iV r- fLi
DATE.
SUBJECT:
FROM:
4-t- zt�
-? —.
At4 L L-C !,J (/ YEc Lo �c: e c, i IY' l Tf S / ,oF s
vl r
M F M n R p N n 11 M
DATE: May 30, 1996
TO: Mayor Williams and the Kenai City Council
FROM: Thomas J. Manninen, Kenai City Manager ,7W
RE: Kenai City Manager's Vacation/Telephone Availability
6/1/96 through 6/15/96
I will be on vacation in Michiqan June 1 through June 15; but if needed, I can be
contacted at the followinq telephone numbers:
• Tammy Jo Felice (daughter)
• Leo and Aqnes Lampart (in-laws)
• George Manninen (brother)
810-359-1575
906-663-4659
906-842-3235
o
Additional senders of "Waters Closed to Sport Fishing (b)(11)" letters (received al-L.,l
5/31/96):
Erin K. Kennedy, Kenai
David K. Phillips, Kenai
Anthony C. Carra, Soldotna
Richard N. Palinko, Anchorage, AK
Barbara O'Lena, Soldotna
Lawrence Waddell, Soldotna
Ronald W. O'Lena, Soldotna
David Moynihan, Kasilof
Lawrence E. Nudson, Nikiski
Terri Barefield, Nikiski
Andrea McClellan, Kenai
Judy E. Phillips, Kenai
Mr. & Mrs. Tim G. Johnson, Kenai
James R. Webb, Soldotna
Jeffrey Laube, Nikiski
Tim L. Tesch, Soldotna
_ el
" J. P.
Mayor John Williams Fax No. (907) 283-3014
210 Fidalgo Avenue
Kenai, AK 99611
Dear Mayor Williams:
The following paragraphs are a form letter that has my support. I thought that I would add a short
paragraph of my own. I have fished the Kenai River for the past five years. I am not a biologist, but
have made several observations while logging many hours on the river. First, in the spring, I watch the
ice float down the river taking large amounts of the bank with it. This has been going on since the
beginning. In the summer, the water is up on the banks and is washing away the soil. This too is part of
nature. I watch boats racing up and down the river, washing soil into the water and undercutting the
banks. Next I see the grass that grows back each year in the spring over the mud trails that people make
all summer while spending time enjoying the Kenai. I have failed to see the mass destruction of river
bank by fishermen. I have looked over the proposed portions of river that are to be closed. I see that the
places that the state makes money on are not on the list. One example is the miles below the ferry
crossing at the Russian River/Kenai River. Thousands of sportsmen fish this bank and it is still open. It
is my opinion, along with many Alaskan's, that this is a ploy by the commercial fishing / guides industry,
to keep local people and tourists off the banks and in their boats. This would give both special interest
groups more fish for their personal gain. This past weekend, I was driving across the bridge and
Soldotna and noticed that markers and flagging were being put up at the base of the stairs from the
Information center. This area is on the reclamation closure list. I have talked with several local residents
that have been here since the early 60's and they told me that this bank has been mud and rocks since
then. It is natures way for a river to meander as it gets older and tear the banks down and deposit the soil
in the slow spots. This spot below the bridge is a slow spot that the river dumps out silt. I hope that this
river closure is voted down so my kids and their kids can enjoy fishing without costing them a seat in a
guide boat. I am also sorry to see that more Alaskans haven't been informed on what a few business men
and women want to do to them. I am sure that the majority of people in this state want to keep public
access open to all.
Proposed regulation 5 AAC 56.050, Waters Closed to Sport Fishing (b) (11), closes most private and
accessible public property along the Kenai River. Alaska Division of Fish and Game wildlife biologist
Doug Vincent -Lang is responsible for the proposed closure. His reasoning is that the only way to protect
the riparian habitat is to close the area to all river bank fishing, both public and private.
This closure is not supported by the Department of Interior or by private property owners, since it
infringes on their right to manage or utilize their own property. It sets a dangerous precedent in this state,
is unnecessary and is just another case of government -funded agencies using politicized "scientific
studies" to eliminate the rights of private citizens.
The simple solution to this problem would be to fiend boardwalk construction on all public lands affected
by the closure and allow private landowners to use the land they pay exorbitant prices to own and high
property taxes to use. The complex solution to the problem would be for the State to fight the litigation
that will follow legislation of this extreme nature.
Please accept my endorsement of the position stated above. I sincerely urge you to help stop what
amounts to an attack on the rights of all private property owners in this state, not just the property owners
along the Kenai River.
Sincerely,
00
0
ie
si ure
-- Address
City. Stat. Zip Codc
77j:�; - &7.el
Telephone Number
TOTAL P.02
Council: This same letter regarding proposed regulation 5 AAC 45.050, Waters Clobcu
to Sport Fishing (b)(11) was also faxed by the following persons:
Hans Bucher, Soldotna Ruthann & Lavern Barnica, Nikiski
Kenneth L. Mayer, Soldotna Robert G. Windsor
Lenhart Alex Grothe Illegible Signature
Brad J. Frates, Kenai (Note included stated: John, This proposed regulation is a "knee-
jerk" reaction that is both simplistic & inflammatory. Imagine the economic impact on
this area if this proposal were to be adopted. What ever happened to concerned citizens
& elected officials pooling their collective resources to develop this resource responsibly?
I urge you to fight against this proposal. Thank you.)
Additional letters received:
Robert E. Mason, Kenai
Donald R. Day, Kenai
M. A. Eaton, Nikiski
Dennis Graeslieb, Sterling
Bonnie Laber, Kenai
Dale Eastlick, Kenai
Diana G. Forslund, Kenai
Roxanne M. Sinz, Anchorage
John Laber, Kenai
Lynette M. Kennedy, Kenai
MAY 30 '96 10:34 PETS FISHING GUIDE SERUICE 907 262 7139 TO: 907 283 3014 P01
Mayor John Williams
210 Fidalgo Avenue
Kenai, AK 99611
Dear Mayor Williams:
Fax No. (907) 283-3014
Proposed regulation 5 AAC 56.050, Waters Closed to Sport Fishing (b) (11), closes most
private and accessible public property along the Kenai River. Alaska Division of Fish and
Game wildlife biologist Doug Vincent -Lang is responsible for the proposed closure. His
reasoning is that the only way to protect the riparian habitat is to close the area to all river
bank fishing, both public and private.
This closure is not supported by the Department of Interior or by private property owners,
since it infringes on their right to manage or utilize their own property. It sets a
dangerous precedent in this state, is unnecessary and is just another case of government -
funded agencies using politicized "scientific studies" to eliminate the rights of private
citizens.
The simple solution to this problem would be to fund boardwalk construction on all public
lands affected by the closure and allow private landowners to use the land they pay
exorbitant prices to own and high property taxes to use. The complex solution to the
problem would be for the State to fight the litigation that will follow legislation of this
extreme nature.
Please accept my endorsement of the position stated above. I sincerely urge you to help
stop what amounts to an attack on the rights of all private property owners in this state,
not just the property owners along the Kenai River_
Sincerely,
6 �
n O 6 D y Siin%rl
-r� A . 4A K d7g L(ol—
Ci Ste zip Code
Z&2 — 71101
Telephone Number
TONY KNOt 1
DEPARTMENT OF FISH AND GAME 333 RASPBERRY ROAD
ANCHORAGE, ALASKA 99518-1599
HABITAT AND RESTORATION DIVISION PHONE: (907) 344-0541
May 29, 1996
CF
Mr. Keith Kornelis
Public Works Director
City of Kenai
210 Fidalgo Ave., Suite 200
Kenai, Alaska 99611-7794
Dear MryKarns-izs :
The Kenai River Habitat Restoration and Recreation Enhancement
Project has been given a Finding of No Significant Impact (FONSI)
under terms of the National Environmental Policy Act (NEPA). This
means that your project at the Kenai Beach Dunes is tentatively
approved for construction this summer. Final approval and project
funding is contingent upon your submittal of a detailed line -item
budget. You will also need to submit detailed design drawings and
obtain all required permits. To expedite this process, I encourage
you to coordinate your design and permitting efforts with Gay
Muhlberg, Habitat and Restoration Division, Alaska Department of
Fish and Game (267-2446). If you have any questions, please give
me a call.
Sincerely,
Mark N. Kuwada
Habitat Biologist
Habitat and Restoration Division
cc: Art Weiner
Gay Muhlberg
Gary Liepitz
11-K107LH
INFORMATION LIST
Kenai City Council Meeting
of
June 5, 1996
1.
5/15/96
council meeting "To Do" List.
2.
5/21/96
"After Prom Activities Committee" thank you letter.
3.
5/24/96
KK memorandum regarding New Animal Control Shelter.
4.
5/21/96
Safety Committee Meeting Minutes.
5.
5/14/96
Senator Stevens letter regarding items included in
the 1996
Omnibus Appropriations Bill (passed on April 26,
1996).
6.
5/24/96
KK letter to State DOT regarding Ft. Kenay/Mission
Street
Improvements.
7.
5/21/96
KK memorandum regarding DOT and city cooperative
effort
to paint stripes and sweep Spur Highway in Kenai.
8.
5/31/96
TM memorandum with telephone numbers where he can be
reached
during vacation.
9. Letter regarding opposition to proposed regulation 5 AAC
56.050, Waters Closed to Sport Fishing(b)(11), closing most
private and accessible public property along the Kenai
River.
10. 5/29/96 Dept. of Fish & Game letter tentatively approving
Kenai Beach Dunes Project.
KENAI CITY COUNCIL MEETING
MAY 15, 1996
"TO DO" LIST
TM - Severely restrict Kenai River Festival and other users at Memorial
Park away from the sidewalks, plaques and plantings (trees, shrubs,
flower beds).
COUNCIL - Set a definition for appropriate use of Memorial Park in order that
the city manager and Parks Director can better schedule use of the
Park.
KK - Cancel purchase order to Hutchings for shop truck -- re -award bid
to Craycroft Chrysler at not -to -exceed price of $22,750.
CRG - Contact DOT and discuss question of "perpetuity" in regard to right-
of-ways for Ft. Kenay/Mission Street Improvement Project.
ADMIN - Hold off on addition to Flight Service Station.
JS - BUDGET CHANGES:
REMOVE DEPARTMENT
$ 3,333
1,600
2,000
3,200
1,000
2,500
600
400
5,000
1,000
800
3,500
6,000
5,000
2,000
CITY CLERK
NON -DEPARTMENTAL
BUILDINGS
PARKS
LEGIS LATI VE/TRAVEL
LEGISLATIVE/TRAVEL
FINANCE/TRAVEL
FINANCE/TRAVEL
LEGISLATIVE
LEGISLATIVE
LEGISLATIVE
STREETSBUILDINGS
LEGISLATIVE
CONGREGATE HOUSING FUND
CONGREGATE HOUSING FUND
ITEM
One Image Station
Color copier
Chamber Blinds
Concrete Floor
AML Conference costs
NLC Conference cost
Beginning Account Course costs
Intermediate Accounting Course costs
City brochures
Resource Development Council dues
City pins
Office Expansion
Chamber brochures
Sidewalk Addition*
Landscaping/Sun Room
*These costs are to be taken from the FY96 Congregate Housing budget, but not from the Reserve
Account.
Page 1 of 2
OTHER DIRECTIONS:
• Leave $30,000 in Repairs Contingency, but DO NOT earmark it for the Animal Control
Shelter.
• Make appropriate changes to Communications and Police Department budgets pursuant
to your 5/14/96 budget correction memorandum.
Page 2 of 2
TO
FROM
1791 - 1991
CTTY OF IG NAI .
W Capcfa(o�
�" 170 ��'
210 Fidalgo, Suite 200
Kenai Alaska 9%11-7794
Phone 907-283-753.5
FIX 907-283-3014
Date / __,?/ / I%F6
Number of Pages
AGENDA
RENAI CITY COUNCIL - REGULAR MEETING
JUNE 51 1996
7:00 P.M.
RENAI CITY COUNCIL CHAMBERS
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Barbara Kangas, Alaska's Reservation Central - Vending
State of Alaska Fishing/Hunting/Trapping Licenses and
Tags at Kenai Airport.
2. Peter Klauder - Public Works Projects
3. Mary Ring Alaska Department of Fish & Game/Request for
Reserved Parking at Cunningham Park.
C. PUBLIC HEARINGS
1. Ordinance No. 1696-96 - Increasing Estimated Revenues
and Appropriations by $250 in the 1967 Debt Service
Fund for the Trust Account Administration Fee.
2. Ordinance No. 1697-96 - Increasing Estimated Revenues
and Appropriations by $1,600 in the Council on Aging -
Borough Special Revenue Fund for Commemorative Posters.
3. Ordinance No. 1698-96 - Adopting the Annual Budget for
the fiscal Year Commencing July 1, 1996, and Ending
June 30, 1997.
a. Substitute Ordinance No. 1698-96 (includes
amended budget totals).
b. Consideration of Substitute Ordinance.
4. Ordinance No. 1699-96 - Increasing Estimated Revenues
and Appropriations by $7,000 in the General Fund for
Additional Playground Improvements at Municipal Park.
5. Resolution No. 96-40 - Transferring $7,330 in the
Congregate Housing Enterprise Fund for Construction of
a Sidewalk and Landscaping.
6. Resolution No. 96-41 - Establishing the Authorized
Signatures for Withdrawal From Depositories of
Municipal Funds.
7. Resolution No. 96-42 - Awarding the Janitorial Contract
for the Airport Terminal Building, for the Period July
1, 1996 through June 30, 1999, to Heaven Scent for
$1,695 Per Month.
8. Resolution No. 96-43 - Fixing the Rate of Levy of
Property Tax for the Fiscal Year Commencing July 1,
1996 and Ending June 30, 1997.
Public is invited to attend and participate.
Carol L. Freas
City Clerk
MAYOR'S REPORT
,DUNE 59 1996 COUNCIL MEETING
REQUESTED
CHANGES TO THE AGENDA BY.
REMOVE: B-2, Persons Scheduled to be Heard - Peter Klauder (telephoned,
is ill and cannot attend the meeting). CLERK
ADD TO: H-8, Award of Caretaker Contract/Vintage Pointe Manor - Bid
results, proposal form and letter of reference for low bidder. PORTER
ADD TO: H-12, Mission Street Right-of-Way/Discussion - 6/4/96 Wayne J.
Cherrier letter requesting paving for deed of 3,822 sq. ft. of
property. KORNELIS
ADD TO: Information Item No. 9, "Waters Closed to Sport Fishing" corres-
pondence - List of senders of additional letters. CLERK
CONSENT AGENDA
MAYOR'S REPORT
COUNCIL PACKET DISTRIBUTION
COUNCIL MEETING DATE:
Mayor and Council_ Attorney Clerk
Fire Department j City Manager K. Woodford
J. La Shot
B. Springer
L. Harvey i
Police Department_ Finance l Kim
Senior Center /,11 Public Works Clarion
Library Airport
Parks & Rec.
AGENDA DISTRIBUTION
Commissions
Borough Clerk
Chamber
Airport(LH)
Assembly (3)
HEA
Aging(LH)
Public Wks. Sec.
Animal Control
Library(LH)
Public Wks. Shop_
Dock (Season)
Harbor(KW)
Bldg. Maintenance_
STP
Pks & Rec.
(LH)
Bldg. Official
Legal Sec.
P&Z(LH)
Streets
HEA
Anchorage News
KSRM
Dan Conetta, KPB
Cen.Labor
Planning Dept.
Bulletin Board
ARCO
& ,� IZ14'
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.