HomeMy WebLinkAbout1996-05-01 Council PacketKenai City Council
Meeting Packet
May 1, 1996
KENAI CITY COUNCIL - REGULRR MEETING
MAY 1, 1996
7:00 P.M.
KENAI CITY COUNCIL CEAMBERS
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. BCNSDULED PUBLIC COHNM (10 Minutes)
1. Richard Warrington - Head Injury Support Group
C. PUBLIC RMINGS
1. Ordinance No. 1689-96 - Increasing Estimated Revenues
and Appropriations by $2,592 in the Senior Citizens --
Borough Special Revenue Fund.
2. Ordinance No. 1690-96 - Increasing Estimated Revenues
and Appropriations by $2,500 in the Senior Citizens --
Borough Special Revenue Fund for Needed Operating
Expenditures.
3. Resolution No. 96-31 - Setting Fees for Xerox Copies,
As Amended.
4. Resolution NO. 96-32 - Accepting a Grant From the
Alaska Aerospace Development Corporation for the
Challenger Learning Center Feasibility study.
5. Resolution No. 96-33 - Transferring $10,000 in the
General Fund for Shop Repair and Maintenance Supplies.
6. Resolution No. 96-34 - Awarding the 1996 Lease of the
Kenai Public Dock Station No. 2, to Snug Harbor
Seafoods, Inc. for $8,000 or $.0375/lb., Whichever is
Greater and the 1996 Lease of the Kenai Public Dock
Station No. 3, to Snug Harbor Seafoods, Inc. for
$10,100 or $.0375/lb., Whichever is Greater.
-1-
7. Resolution No. 96-35 - Adopting Certain Street Name
Changes to Eliminate Ambiguities and Establishing
Official Names for Kenai Streets.
8. Resolution No. 96-36 - Transferring $4,000 in the
General Fund for the Purchase of CSS1 for Annual Dust
Control Operations.
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
DREEF_ 11-4 1
1. *Regular Meeting of April 17, 1996.
F. CORRESPONDENCE
-141
1. Discussion - Dunes Parking
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *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.
4. *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.
-2-
5.
*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.
6.
*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.
7.
*Ordinance No. 1693-96 - Suspending the Provisions of
Chapter 7.12 of the Kenai Municipal Code Beginning June
15, 1996.
8.
Approval - Consent to Assignment for Security/Lot 3,
Block 4, Fidalgo Commercial Center (John P. and Karin
L. Gensel d/b/a Creative Child Care LTD to The First
National Bank of Anchorage).
9.
Approval - Application for Lease/Lot 4, Block 5, Cook
Inlet Industrial Air Park & Adjacent Right of Way
(Robert C. Jackson, d/b/a Jackson's Sales and Service).
lo.
Discussion - Airport Terminal Advertising.
11.
Discussion Financial Disclosure & Conflict of Interest
�-
Requirements for City Department Heads.
12.
Discussion - Proposed City Manager Employment
Agreement/Thomas J. Manninen.
i3•
MMCOTIVE
SESSION - None scheduled.
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
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6
In connection with -Brain Awarn! i J
I
Week May 12-18 '96.
The Kenai Peninsula Head Injured
Support Group, would like to ask for
nominations from the Comrauni ty, to
recleve a Certificate of recogniznition,
for free Choice in wearing a helmen t for
personal protection.
Please send your recomenda tions with
name/phone# to the Kenai Peninsula Head
Injured Suport Group
-W Richard Warrington
313 Cindy crl.
Kenai, Ak . 99 611
Award to be presented at Borough
Assembly Meetings on May 21s t 7pm.
The Kenai Peninsula Head Injured Suport
Group strongly supports the wearing of
helments for self protection during any
hazard activity -
bicycle, motorcycle , snowmobile and other
sports.
Brain Xkv-aren-ess Week
\ lav 12 - i ";. I OOO
FOR THE LIFE OF THE NJIN D
Brain Awareness Week
May 12 18 19-96
CAMPAIGN ORGANIZATION
Southwest Regional Brain injury Rehabilitation -and Prevention Center f
Identification of Community -Based Services and
Resources for Persons with Traumatic Brain Injury
by
Charlotte Ducote, PhD
Sample Resources / Community Contacts
Examples of resource/community contacts to obtain information about services to individuals
who have had a traumatic brain injury are listed below. Check phone listings for your area as
follows:
• State Vocational Rehabilitation Agency (might be listed in the governmental listings, possi-
bly under Health Department or Social Services agency listings or as Rehabilitation Ser-
vices (example: Texas Rehabilitation Commission, Louisiana Rehabilitation Services).
• Advocacy centers or organizations (example: Advocacy, Inc. in Texas, Protection and
Advocacy System in New Mexico).
• Head Injury Foundation or Association (example: Louisiana Head Injury Foundation, Texas
Head Injury Association).
• Independent Living Centers (might be listed under various names, such as New Orleans
Resources for Independent Living, Houston Center for Independent Living, etc.).
• Hospitals and rehabilitation centers. E
D
R
• State Developmental Disabilities Councils. �-
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• Educational resources such as special education departments in public schools, commu- a
nity colleges and universities.
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Traumatic Brain Injuries Support Group
313 Cindy Circle
Kenai, AK 99611
April 30, 1996
RESPONSE REQUESTED:
Enclosed is a survey that I would like you to fill out and return to me at your
soonest possible convenience. The objective of this survey is to:
1. To provide a checklist which will allow for evaluation of community -based
services and resources.
2. To list references, resources, and community contacts for identifying
community -based services and resources for persons with traumatic brain
injury.
3. To provide examples of standards pertaining to community -based services
and resources for living and working after traumatic brain injury.
4. To provide health professionals with information on helping
patients/families secure legal counsel.
I really would appreciate the return of this completed questionnaire.
Sincerely,
A��l
Richard Warrington, ITBI Support Leader
313 Cindy Circle
Kenai, AK 99611
encl: Resource Worksheet.
Worksheet
(Vote: This resource worksheet serves as a guide for those seeking community resources Nor.
persons with traumatic brain injury. The information gathered will assist agencies, organizations
and individuals such as case managers in compiling resource data about services which are
accessible, affordable and appropriate to the needs of persons with TBI.
SECTION ONE: Description of the Provider
9
1. Name of the agency/organization providing services/resources
Address
2. Contact person
Title
Telephone ( )
Name of director
3. Date which the provider began offering the services or resources
4. Licensure/accreditation (Check all that apply)
F] Commission on Accreditation of Rehabilitation Facilities (CARF)
Joint Commission for the Accreditation of Healthcare
Organizations (JCAHO)
H.4
Southwest Regional [train Injury Rehabilitation and Prevention Center
F] State Licensure (specify)
[_� Other (specify)
Status of provider
Private, non-profit
Public, non-profit
Private, for -profit
r.
<`F Other (specify)
f
Consumer groups(s) served by the provider
Total number of consumers served by the provider annually
Number of people with TBI served by the provider annually
H.5
SECTION TWO: Services and Resources
1. Services and resources provided:
Services/Resources I Yes I No I Comments
Provides information materials on TBI
TBI support/educational groups (survivors, family)
Consumer advocacy services
Legal services
Peer counseling services
Personal care assistants
Independent living information and referral services
Residential services
Independent living skills training
Housing modification
Vocational services
Recreational services
Cognitive training
Neuropsychological evaluation
Respite services
Medical/nursing services
Therapeutic excercise program
Medical equipment (loan, purchase, repair)
Emergency funding/resources
Others
H.6
Southwest Regional Brain Injury Rehabilitation and Prevention Center
Does the provider charge for services?
What types of funding are accepted?
THREE: Consumer Rights and Empowerment
L
Consumer Rights
Yes
No
Comments
training on advocacy and empowerment
ided for consumers?
there consumer input in treatment program,
anning of service/resource utilization, etc?
u:
.consumers informed of other services,
sources and providers?
the consumer receive copies of his/her reports,
rvice plans, etc? (As applicable)
!ON FOUR: Safety and Security (If applicable)
Safety and security
Yes
No
Comments
there security systems in place?
r�
applicable to a residential facility)
there procedures for medical, fire, disaster,
other emergencies?
H.7
SECTION FIVE: Outcome Information (if applicable) -
(Vocational Rehabilitation programs, transitional living facilties, day
treatment programs)
1. Outcomes as well as the number in each outcome category achieved by consumers
used services/resources from this resource in the last year:
a.
Ll
C.
2. What follow-up is done and how often is this done?
SECTION SIX: Service Provider References
Please provide the names and telephone numbers of at least three consumers who have
utilized your services.
Name Telephone Number
Ke
Suggested by: Senior Center Director
City of Kenai
ORDINANCE NO. 1689-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,592
IN THE SENIOR CITIZENS - BOROUGH SPECIAL REVENUE FUND.
WHEREAS, the United Way has awarded the City a grant for
emergency food and shelter.
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:
United Way Emergency Food Grant $2,592
Increase Appropriations:
Operating Supplies $2,592
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st
day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: April 17, 1996
Adopted: May 1, 1996
Effective: May 1, 1996
Approved by Finance:
Suggested by: Senior Center Director
City of Kenai
ORDINANCE NO. 1690-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500
IN THE SENIOR CITIZENS - BOROUGH SPECIAL REVENUE FUND FOR
NEEDED OPERATING EXPENDITURES.
WHEREAS, through April 10, 1996, the Senior Citizens Borough
Special Revenue Fund has received approximately $15,000 in
rental receipts and will continue to receive receipts
through June 30, 1996; and
WHEREAS, the rental revenue will exceed the budget estimate
by at least $3,000; and
WHEREAS, the Senior Center Director sees a need to increase
the budget for operating supplies and communications to get
through the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be
increased as follows:
Senior Citizens - Borough
Increase Estimated Revenues:
Senior Center Rents $2,500
Increase Appropriations:
Operating Supplies $2,000
Communications 500
$2,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st
day of May, 1996.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(4/10/96) kl
JOHN J. WILLIAMS, MAYOR
Introduced:
April
17,
1996
Adopted:
May
1,
1996
Effective:
May
1,
1996
C-
NO
Suggested by:
City of Kenai
RESOLUTION NO. 96-31
Finance Dire....__
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
SETTING FEES FOR XEROX COPIES, AS AMENDED.
WHEREAS, the City of Kenai currently provides access to a
photocopy machine to its employees and the general public;
and
WHEREAS, the photocopying access is provided as a courtesy
so that anyone in need of a small number of photocopies is
not required to be inconvenienced by having to leave City
Hall and travel to a different location; and
WHEREAS, the estimated number of photocopies made by the
general public and city employees through this courtesy is
exceedingly small, probably not numbering over 1,000 per
year, and the City is thus not in competition with private
enterprise in the photocopying business; and
WHEREAS, Resolution 77-165 set a fee of $0.50 per photocopy,
and that amount now seems too high when compared to going
rates for photocopies in the local area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the per copy fee for courtesy use of the
photocopier in City Hall by city employees and the general
public shall be five cents ($0.05) per copy.
BE IT FURTHER RESOLVED that the number of photocopies
allowed to be made by any citizen at any one time will not
exceed fifty (50) .
BE IT FURTHER RESOLVED that Resolution 77-165, dated January
41 1978, is hereby rescinded.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st
day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(4/17/96) kl
�' 4
Suggested by: Administration
City of Kenai
RESOLUTION NO. 96-32
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
ACCEPTING A GRANT FROM THE ALASKA AEROSPACE DEVELOPMENT
CORPORATION FOR THE CHALLENGER LEARNING CENTER FEASIBILITY
STUDY.
WHEREAS, the Alaska Aerospace Development Corporation works
toward the development of aerospace related economic and
technical opportunities throughout the State of Alaska; and
WHEREAS, the Alaska Aerospace Development Corporation has
given the City of Kenai $5,000 to assist in the completion
of the Challenger Learning Center Feasibility Study.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City of Kenai accepts this grant
from the Alaska Aerospace Development Corporation.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st
day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(4/23/96)
kl
Suggested by: Public Works
City of Kenai
RESOLUTION NO. 96-33
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $10,000 IN THE GENERAL FUND FOR SHOP REPAIR AND
MAINTENANCE SUPPLIES.
WHEREAS, through April 23, 1996, the Shop has spent or
encumbered all of its $82,649 budget in repair and
maintenance supplies; and
WHEREAS, the Public Works Director anticipates that an
additional $10,000 will be needed this fiscal year; and
WHEREAS, money is available to transfer from Contingency.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Fund
From: Non -Departmental - Contingency $10,000
To: Shop - Repair & Maintenance Supplies $10,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st
day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance _
(4/24/96) kl
d _5
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 96-34
A RESOLCTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE 1996 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 2, TO SNUG HARBOR
SEAFOODS, INC. FOR $8,000 OR $.0375/LB. WHICHEVER IS GREATER AND THE
1996 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 3, TO SNUG HARBOR
SEAFOODS, INC. FOR $10,100 OR $.0375/LB WHICHEVER IS GREATER.
WHEREAS, the City of Kenai bid Dock Station No. 2 on April 24, 1996 at 2:00 p.m. and
received only one bid as follows:
Minimum Price/Pound for Yearly
Company Basic Bid over 266,666 lb. Estimated
Poundage
Snug Harbor $ 8,000 $.0375/lb. 213,000
Seafoods, Inc.
WHEREAS, the City of Kenai bid Dock Station No. 3 on April 24, 1996 at 3:00 p.m. and
received the following bids:
Minimum Price/Pound for Yearly
Company Basic Bid over 266,666 lb. Estimated
Poundage
Snug Harbor $ 10,100 $.0375/lb. 270,000
Seafoods, Inc.
R&J Seafoods $ 8,201 $ 0 150,000
WHEREAS, each lease to include the dock area, parking area, office, and one crane, and
WHEREAS, the recommendation of the Public Works Department is to award the lease
of Dock Station No. 2 and Dock Station No. 3 to Snug Harbor Seafoods, Inc., and
WHEREAS, the Council of the City of Kenai has determined that awarding the 1996 lease
of Dock Station No. 2 and Dock Station No. 3 to Snug Harbor Seafoods, Inc. is in the
best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai award the 1996 lease of Dock Station No. 2, to Snug
Harbor Seafoods, Inc. for $8,000 or $0375/Ib., whichever is greater and the 1996 lease
of Dock Station No. 3 to Snug Harbor Seafoods, Inc. for $10,100 or $0375/Ib.,
whichever is greater.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of MAY,
1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: KL
Written by Public Works:
/kw 4/25/96
SUBSTIiuic
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 96-34
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
THE 1996 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 2, TO SNUG HARBOR
SEAFOODS, INC. FOR $8,000 OR $.0375/LB. WHICHEVER IS GREATER AND THE
1996 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 3, TO SNUG HARBOR
SEAFOODS, INC. FOR $10,100 OR $.0375/LB WHICHEVER IS GREATER.
WHEREAS, the City of Kenai bid Dock Station No. 2 on April 24, 1996 at 2:00 p.m. and
received only one bid as follows:
For Yearly
Minimum Over _ Estimated
Company Basic Bid $Ab. .Ibs. Poundage
Snug Harbor $ 8,000 $.0375 213,000 213,000
Seafoods, Inc.
WHEREAS, the City of Kenai bid Dock Station No. 3 on April 24, 1996 at 3:00 p.m. and
received the following bids:
For Yearly
Minimum Over _ Estimated
Company Basic Bid $Ab. .Ibs. Poundage
Snug Harbor $ 10,100 $.0375 270,000 270,000
Seafoods, Inc.
R&J Seafoods $ 8,201 $ 0 All 150,000
WHEREAS, each lease to include the dock area, parking area, office, and one crane, and
WHEREAS, the recommendation of the Public Works Department is to award the lease
of Dock Station No. 2 and Dock Station No. 3 to Snug Harbor Seafoods, Inc., and
WHEREAS, the Council of the City of Kenai has determined that awarding the 1996 lease
of Dock Station No. 2 and Dock Station No. 3 to Snug Harbor Seafoods, Inc. is in the
best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai award the 1996 lease of Dock Station No. 2, to Snug
Harbor Seafoods, Inc. for $8,000 or $.0375JIb., whichever is greater and the 1996
lease of Dock Station No. 3 to Snug Harbor Seafoods, Inc. for $10,100 or $.0375/Ib.,
whichever is greater.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of MAY,
1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk ---
Approved by Finance:
Written by Public Works.
/kw 4/25/96
& J Seafood
9072835292
�-6
R & J Seafood
P.O. Box 165 Kasilof, AK 99610
Phone (907) 346-2955
Fax: (907) 346-2955
To: Crc�hv
Company: r,T{A(rna ,
From: %<pArby
and 0 Z@&ff@@g
Dater/ i / 96
Subject: d , d _
Fax number: - Number of pages transmitted
including cover sheet:
ElPer our telephone conversation
❑ Call me when you receive this fax
❑ For your information and necessary action
Message: A ere i.s :Li-e leAcv n!%a7'- Zd Itke -A 7;(,:,
k1
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R & j SEAFOODS
P.O. Box 165
Kasilof, Alaska 99610
ph(907 283- 9246)
Fax(907 346-2955)
May 1,1996
Dear Mr. Mayor, Assembly Men & Women,
Two years ago I stood before you in an attempt to procure one of the city cranes
for our summer fishing business. That year it was an open bid process because there
were no sealed bids for one of the cranes. That evening I had the highest bid for the
third crane but after one and half hours of discussion it was awarded to the second
highest bidder who the assembly felt had an established record and an established
business working relationship with the city. Now, I return to you two years later
believing I have worked hard at establishing myself by using your crane and services
and in doing so paying cash as we went. I would like you to check the city records to
prove that I have indeed been a good customer for the city of Kenai.
This year I bid on crane #3 for the upcoming season. I was not the highest
bidder for that crane but my bid would have been the highest for crane #2 if I would
have bid on that one. I feel that since the assembly two years ago gave me the
impression that a business relationship with money was more important than just the
highest dollar I believe that one of the cranes should be awarded to R & J Seafoods.
In my thinking you would be awarding the two highest bidders for the city dock
services. Since Mr. Dale was the highest bidder I feel that it would only be fair to give
him first choice on the station he would like to use and we would get the remaining
one. You would be awarding the two highest bidders for your services and you will be
getting the maximun amout of money for the services offered. To me this seems fair
and a win,win,win situation for Mr. Dale, ourselves, and City of Kenai. Please,
consider my request. Thank you for your time.
Thank You,
G%y�iJ
Randy Meier
Eat Wild Alaskan Salmon
Suggested by: Planning & Zoning
City of Kenai
RESOLUTION NO. 96-35
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
ADOPTING CERTAIN STREET NAME CHANGES TO ELIMINATE
AMBIGUITIES AND ESTABLISHING OFFICIAL NAMES FOR KENAI
STREETS.
WHEREAS, Section 14.15.140 of the Kenai Municipal Code
authorizes the Council of the City of Kenai to name and
rename streets; and
WHEREAS, the Kenai Peninsula Borough is completing the
"Enhanced 9-1-1 Mapping and Address Project" which
recommends a list of streets within the City of Kenai for
name changes and/or elimination of ambiguities to provide
official names; and
WHEREAS, the provision of official names for all streets
within the City of Kenai Emergency Service Area will greatly
assist in response to emergencies by police, fire, and
ambulance services; and
WHEREAS, the attached "Exhibit All has a column headed
"Recommended Official Name" which assigns an official name.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that official street names, according to the
attached "Exhibit All be adopted by the City of Kenai.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
1st day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: KL
(4/25/96) kl
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ96-28
A RESOLUTION OF THE KENAI ADVISORY PLANNING & ZONING COMMISSION
RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, CHANGING OF
CERTAIN EXISTING STREET NAMES, ELIMINATING ALIAS NAMES, AND
ESTABLISHING OFFICIAL NAMES.
WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City
of Kenai to name and rename streets, and
WHEREAS, the Kenai Peninsula Borough is completing the "Enhanced 9-1-1
Mapping and Address Project" which recommends a list of streets within the City
of Kenai for name changes and/or elimination of ambiguities to provide official
names, and
WHEREAS, the provision of official names for all .streets within the City of Kenai
Emergency Service Area will greatly assist in response to emergencies by police,
fire, and ambulance services, and
WHEREAS, the attached "Exhibit A" has a column headed "Recommended Official
Name" which assigns an official name.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA THE OFFICIAL STREET NAMES, ACCORDING
TO THE ATTACHED "EXHIBIT A" BE ADOPTED BY THE CITY OF KENAI.
PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA this 24th day of April, 1996.
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April 18, 1996
Jack LaShot
City Engineer
Kenai
United States
Postal Service
A
APR 1996
R".. + sd
of Ksnai
POCsiy :.,r!x Dept.
The following list are the streets we recommend on keeping the
directionals, because of duplicate addressing:
N. Forest Drive
S. Forest Drive
N. Spruce Street
S. Spruce Street
N. Willow Street
S. Willow Street
N. Gill Street
S. Gill Street
N. Tinker Lane
S. Tinker Lane
North and South Tinker Lane are both on the same side of Kenai Spur
Highway. However, the line is at Lawton to split them. We should
try to change this, but the duplicate addresses are 102, 104, and
106.
Without the directionals there is not away to decipher where the
mail is to be delivered. I would think the directionals would also
be necessary for the emergency vehicles.
J4A'A -4
Vicki Shillam
Postmaster
Kenai, Ak. 99611
283-7771
C -R
Suggested by: Public Works
City of Kenai
RESOLUTION NO. 96-36
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $4,000 IN THE GENERAL FUND FOR THE PURCHASE OF
CSS1 FOR ANNUAL DUST CONTROL OPERATIONS.
WHEREAS, the Public Works Department desires to continue
with their annual dust control program; and
WHEREAS, the remaining Street budget is insufficient to
finance these costs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Fund
From: Other - Contingency $4,000
To: Streets - R & M Supplies $4,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st
day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:L
(4/26/96) kl
D-6
CITY OF I ENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
April 24, 1996, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: April 10, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC BEARINGS:
a. PZ96-24 - Conditional Use Permit - Guide Service Continued from 4/10/96 - Lowe
b. PZ96-26 - Rezone - Airport Protection Zone - Schmidt
c. PZ96-27 - Conditional Use Permit - Private Primary School - Hershberger
d. PZ96-28 - Enhanced 9-1-1 Mapping and Addressing Project
7. NEW BUSINESS:
a. PZ96-29 - Landscape/Site Plan Review - Gensel
b. Application for Lease - Lot 4, Block 5, Cook Inlet Industrial Park & ROW
c. PZ96-30 - Home Occupational Permit - Child Care - Carlough
d. PZ96-31- Home Occupational Permit - Secretarial/Bookkeeping Service - Kautz
8. OLD BUSINESS:
a. Prime Residential Zone (Christian)
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission Page 2
Agenda April 24, 1996
12. INFORMATION ITEMS:
a. KPB Notice of Planning Commission Action - Herman SID No. 2 Preliminary Plat
b. KPB Notice of Planning Commission Action - Original Townsite of Kenai, J.C.
Bookey Addition Preliminary Plat
c. Kim Howard letter to Department of Natural Resources - Potential Land Swap
and Tom Manninen's memo dated April 16, 1996
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
PLANNING AND ZONING COMMISSION UNAPPROVED
MINUTES
April 24, 1996
Chairman Kevin Walker
1. ROLL CALL
Members present: Glick, Bryson, Bryson, Wemer-Quade, Mahurin, Goecke, Walker
Members absent: Booth
Also present: Jack La Shot, City Engineer and
Kathy Woodford, P.W. Admin. Assistant
2. APPROVAL OF AGENDA
Chairman Walker noted the hand-outs for Item 6-b and asked that they be added to the
agenda.
MOTION
CARL GLICK MOVED FOR APPROVAL OF THE AGENDA WITH THE ADDITIONS TO
6-11 AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED.
PASSED BY UNANIMOUS CONSENT.
3. APPROVAL OF MINUTES - April 10, 1996
MOTION
CARL GLICK MOVED FOR APPROVAL OF THE APRIL 10, 1996 MINUTES AND
ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED.
Karen Mahurin asked that it be shown she was present at the April 10, 1996.
With the change in roll call the MOTION PASSED BY UNANIMOUS CONSENT.
4. PERSONS PRESENT SCHEDULED TO BE HEARD
None
S. CONSIDERATION OF PLATS
None
6. PUBLIC HEARINGS
a. PZ96-24 - Conditional Use Permit - Guide Service
Continued from 4/10/96 - Lowe
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 2
MOTION
RON GOECKE MOVED TO BRING BACK AND APPROVE OF PZ96-24 - CONDITIONAL
USE PERMIT - LOWE. PHIL BRYSON SECONDED.
Walker asked for additional staff comment. La Shot stated he contacted Lowe who
indicated he would like a three boat limitation placed on the permit. La Shot said the
same limitation has been placed on other permits issued.
There being no public testimony Walker brought the item back to the commission for
discussion.
AMENDED MOTION
CARL GLICK MOVED TO AMEND THE MAIN MOTION AND ADD THE THREE BOAT
LIMIT. PHIL BRYSON SECONDED.
Glick stated Beaver Creek gets pretty narrow and it could be easy to get too many boats
in there. He said the commission (six - seven years ago) began issuing permits with such
a limit on boats.
VOTE - AMENDED MOTION
Glick Yes
Goecke
Yes
Bryson Yes
Walker
Yes
Werner-Quade Yes
Mahurin . Yes
AMENDED MOTION PASSED
VOTE - MAIN MOTION
Glick Yes
Goecke
Yes
Bryson Yes
Walker
Yes
Werner-Quade Yes
Mahurin Yes
MOTION PASSED.
b. PZ96-26 - Rezone - Airport Protection Zone - Schmidt
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 3
MOTION
KAREN MAHURIN MOVED FOR APPROVAL OF PZ96-26, REZONE. THERESA
WERNER-QUADE SECONDED.
Walker asked for additional staff comment. La Shot stated he had nothing additional.
Walker asked for public testimony.
Michael Christian, 613 Maple Drive, Woodland S/D. Christian read the following from the
Statement By Petitioners.
"During April and May 1995, over 100 residents signed a petition to the Planning and
Zoning Commission requesting that the City of Kenai establish an airport noise overlay
zone around the Kenai airport to address two major problems: protection of residential
areas near the Kenai airport from noise and fuel pollution created by the airport, and new
substandard subdivisions, like Richka Park Estates, which were proposed, at that time,
for undeveloped areas near the airport. The following points discuss in more detail what
this petition intends to do. (Or why we brought it up.)
The airport traffic is a nuisance and is a danger to residential areas around the airport.
Enormous increases in airport traffic, especially in the summer months, have led to
increased noise and fuel pollution, increased risks from crashes which endanger the area
and area a nuisance to residential areas near the airport. Flight patterns, flight times,
minimum altitude requirements are not enforced by the city or by the FAA which lead to
incidents such as the South Central Air crash, which landed on Fourth Avenue and
resulted in fatalities, large jets doing take offs and landings over residential areas at
inappropriate times, which happened last year in June, I believe, and five times a day the
International Guard and the Coast Guard C-130's will fly directly over the houses and the
residential areas near the airport. Our goal is to establish an overlay zone where air
traffic is controlled to avoid conflict between the airport and residential areas near the
airport. Many cities in the lower 48 have municipal airport traffic restrictions to protect
nearby residential areas.
A new subdivision development in the Kenai airport noise zone will be harmful to existing
residential areas near the airport. The undeveloped property around the airport,
specifically on the west side is the last and only buffer area between the existing
residential areas and the Kenai Airport and Float Plane Basin. The City of Kenai
removed the only other buffer zone, at least the trees, in order to put in the Float Plane
Basin which increased the noise level itself. Our goal is for the City of Kenai to purchase
or to trade for property as a buffer area around the airport to protect the residential areas
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 4
near the airport from existing and future airport traffic. The city has already been sued
over increased airport noise and the risk to Kenai tax payers of more suits will only
increase if the city allows new subdivision development near the airport. Many cities in
the lower 48 have been forced to purchase residential subdivision lots near airports
because of the noise and fuel pollution from nearby city airports. If the city acts now to
set aside a buffer area between the airport and existing residential areas, city taxpayers
will be saved millions of dollars in future law suits and property purchase costs.
(Here Mr. Christian skipped one paragraph in the letter.)
The current infrastructure cannot support new development in the residential areas
surrounding Richka Creek, which was proposed at the time and is still pending. The
roads in the area around Richka Creek such as Forest Drive, Birch and Spruce Streets,
Fourth and Fifth Avenues, cannot support large increases in traffic from new subdivision
development. The city water and sewer system in Richka Creek area are already at
capacity or over, leading to extremely low water pressure. These systems also cannot
support, in their current state, new high density subdivision development. Sears
Elementary and Mountain View Schools are beyond capacity. At this point many Kenai
children cannot attend neighborhood schools any more and must be bused across town.
The fragile eco system of the Richka Creek drainage cannot support large landfills and
on -site septic systems, such as those proposed in the Richka Park S/D. Our goal is to
work with the city Planning and Zoning Commission to develop standards for subdivision
developments in the area around the airport. We have started this process by
recommending a new Prime Residential Zone which the commission is considering at this
time. Many cities in the lower 48 have such development standards!
Christian said he is aware most peoples concern is the two year moratorium. He stated
the point of this moratorium is to get some action started. Christian added what he (and
others involved in the petition) want is for the commission to plan for the future of the
airport area, to zone it so that residents there now will be protected from future growth,
traffic and larger airplanes. He added the flight patterns go right over these subdivisions,
stating he has even found an inspection plate in his yard that had fallen off a plane.
Raphael Moore, 415 Birch St. Mr. Moore stated he feels this (Richka Creek S/D) is all
uncalled for, and has caused nothing but trouble since it started. Moore said he doesn't
understand why the builders don't buy other property that is available in the city to
develop. He stated all the residents on Birch want to do is keep a quiet neighborhood.
Moore said there are too many children in the area to add extra traffic, etc.
George Silides, 508 Ash. Mr. Silides stated his endorsement of Mr. Christian's
statements. He said Richka S/D will do Kenai no justice because it is a substandard
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 5
subdivision. He stated in southern California, areas that achieve a high density residential
are not good places to live in, they end up more like shelters than homes. He added his
statements from previous public hearings regarding Richka Creek S/D are on record.
Leon Quesnel, 516 Hemlock. Mr. Quesnel stated he moved into Woodland S/D when it
first opened up in 1968. He stated his concurrence with Mr. Christian's statement. He
said he is not trying to stop people from building homes, but he does worry about the type
of houses, and high density population that will be the result. He urged the commission
to give deep consideration to this issue.
Sherry McBride, 1111 5th Ave. Mrs. McBride said Richka Park would be right next door
to her home. She commented on the area Hall began working on last year, stating since
then she chases kids from the woods, they dump garbage, and are back there drinking,
etc. She said she has tried to block the road with logs to keep people out. McBride
stated the issue of children playing and the traffic is a major concern to her. She said the
police do not patrol in the area, she has to chase kids out from the woods. Mrs. McBride
suggested the city purchase the land to keep a buffer zone, maybe use for school.
Sandra Vozar, 929 Mission. Mrs. Vozar stated she has been at the Toyon Villa since
1974. She said airplanes are part of normal development in any growing city. Vozar
stated she against a moratorium on development in Kenai, adding that maybe in
Woodland S/D it would be ok, but not all of Kenai. Vozar said you can't go around telling
people they can't develop their own property. She stated subdivision covenants should
cover what can and can't be done in an area. Vozar reiterated that the airport is a normal
part of community development and added it is also a major source of income for the city.
Concerning the dumping of garbage, she suggested calling the police and asking them
to take care of it. She closed stating that if this commission puts a moratorium on
building in Kenai then we may as well 'turn out the lights on our way outl'
Barb Christian, 613 Maple. Mrs. Christian stated she wanted to voice her opinion since
she had not done so when the public hearing was held for the Float Plane Basin, and
now she wished she had. She said she is not against growth, she just feels the area
needs to have careful planning in order to protect the residential areas that are there now.
Malcolm McBride, 1111 5th avenue. Mr. McBride said his father helped to build the Birch
Street area. He stated he has seen and signed the petition, and added he is not against
building in properly planned areas, but is concerned with the traffic that will be brought
to the area if it is developed. McBride said he has seen vehicles going 45 - 50 mph in
the area. He mentioned the wildlife that has been and will be affected and also property
values for existing homes.
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 6
Bob Springer, 1206 3rd. Mr. Springer stated that he is speaking as a citizen on this
subject. He said that he is not in favor of PZ96-26, stating that it is not Richka Park that
is at issue here, it is a nine square mile moratorium on building within the city limits of
Kenai. Springer mentioned the impact it would have on builders who make a living
building, and homeowners that want to expand or improve their own homes. He said he
lives 1 1/2blocks from the south runway and has no problem with airplanes. He stated his
sympathy with the concerns those that live next to Richka Park have, but added
development cannot be stopped. Springer also stated he has 4 houses going in next to
him which he is not too excited about, but again, you can't stop development.
Bob Molloy, 513 Ash. Mr. Molloy stated his support for Christian and Schmidt's
statements. He asked that the community and city work together to do something about
the buffer area. Molloy suggested reducing the size of the zone in order to achieve this
goal. Molloy said he does not want his taxes increased because the city has to buy back
homes or pave substandard subdivisions after then have been developed.
Mark Zimmerman, Soldotna. Mr. Zimmerman stated he did not know much about the
Richka Park issue but wanted to state that he is not in favor of a 2 year building
moratorium over Kenai. He added that development can be dealt with case by case
rather than making this kind of moratorium.
Gus Rhodes, 207 Birch Street. Mr. Rhodes stated he has researched zoning regulations
around airports and found that according to federal law an Airport Plan must be written
and so far has not seen one for Kenai. He said he was not notified when the Float Plane
Basin went in. Rhodes suggested the moratorium on building around the airport be put
on hold until the proper planning and zoning be met.
Mike Thrappe, 711 Sycamore. Mr. Thrappe stated his problem with air traffic and vehicle
traffic. He said he moved to the neighborhood for a quiet place to live, not where he has
to worry when backing out of his driveway. Thrappe stated he is totally against any more
building in Woodland and also any more aircraft. He said his shelves in his home almost
rattle off the wall and the planes are probably 2 or 3' from the top of his house.
Mike Peterson, 404 Birch. Mr. Peterson said he is against building there (Birch area)
because he likes living on a dead end street. He stated there are a lot of kids in the area
and people watch for them. Peterson said 0 a road goes through there, the traffic will
increase and the kids will then be in danger. He said as far as the noise barrier goes,
Woodland would be affected much more than Birch Street. Peterson suggested leaving
the area the way it is and possibly find some other place, like Inlet Woods, to develop.
Donnelle Russell, 607 Maple Drive. Ms. Russell said she is trying to sell her home. She
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 7
stated that she feels removing the trees will cause more noise pollution. Russell said she
didn't realize the homes being discussed would have septic tanks and not be hooked to
city sewer. She said she does not feel that is right when the city has a sewer system.
Russell said traffic can't be controlled that well, consider that before you were there,
someone didn't want you there, but, she added, the roads in the area are pretty much
maxed out. Russell asked R the city plans on repairing some of the roads that are there,
such as dirt roads, and suggested the city also check into the flight patterns of the aircraft
using the Kenai Airport. Russell stated she is not against people building homes she just
would rather not see multiple family dwellings in the area because she feels it brings
down single family dwelling property values down.
Mr. McBride questioned the septic system. He asked why the contractor did not hook
into city water and sewer. He also asked why the contractor did not pave the roads in
new subdivisions, but leave it up to the city to do it later.
Walker clarified to the audience that the issue before the commission is a rezone of the
property, not Richka Park Estates Subdivision. He did ask Mr. La Shot to respond to Mr.
McBride's questions.
La Shot said the lot size as shown on the existing preliminary plat for the area shows lots
that exceed 20,000 sq. ft., which does meet the minimum for RR zone. He said these
lots are probably one-third larger than lots in Woodland. He stated the developer chose
to install septic systems on one street in the subdivision, at this time. La Shot added the
DEC has not yet approved of the plans and until that time, nothing will be done. La Shot
said the water and sewer system can handle a new subdivision in the area and that he
has required, in his review, the developer to pave the streets.
Donnelle Russell asked if the rest of the Float Plane Road would be paved. La Shot said
from 5th Street into the subdivision.
There was some discussion among the audience regarding the water system being at full
capacity. La Shot stated there will be some extra demand on the system, but it would
be able to handle it, and also mentioned the new well the city is working on.
Goecke stated his feeling that blocking out this much of Kenai to building would be highly
detrimental to the city's growth. He said he appreciates some of the citizens concerns,
but doesn't feel this much of the city can be shut off to growth.
Bryson restated that the moratorium is the issue, not a specific piece of property. He said
the impact, if passed would be tremendous. He stated that the agenda before the
commission tonight has nine action items, if this ordinance were passed, eight of them
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 8
would not be on the agenda. Bryson also told the audience that any kind of
encroachment, variance, home occupation, etc. permits would not be obtainable, for
anyone that wished to apply for one. He added that part of the land on the map is not
in city limits. Bryson stated his awareness of the noise from the airport and added that
he does not know the general routes the planes are supposed to use.
Mahurin said she sees two different issues being discussed. One being the moratorium
and the other is opposition to Richka Park. She stated that she cannot support a two
year moratorium on such a large area of Kenai, although she does see the need for a
buffer area around the airport. Mahurin said she agrees with Mrs. McBride that the
garbage is getting awful in the area that has been cut. She stated her support for the
Airport Master Plan that is in process and said that a solution needs to be found, yet the
way the ordinance before the commission is written is far too unreasonable.
Glick admitted that he did not want anyone to build at the end of the dead end street he
lived on, but it was done and now there is an elementary school there. He said he didn't
like it, but it is all part of the growth of a city, and it is actually cleaner now than before
because there are homes there. Glick said the real issue is the two year moratorium on
building in a major portion of Kenai that he cannot support. He stated the buffer zone is
something that should be addressed in the Airport Master Plan.
Werner-Quade stated her support of the citizens concerns but reiterated the issue before
the issue before the commission is a two year moratorium on ALL building development
in a nine square mile area of Kenai. She also stated that she can't support such an
ordinance. Werner -Quads suggested working with the Airport Commission on the matter
and offered to speak with the Airport Manager herself.
A citizen in the audience asked if the ordinance could be amended to make the area
smaller, maybe just for a buffer zone around the airport. Walker said it could, and
pointed out that generally on a rezone, the major portion of property owners affected
need to be in favor of the rezone.
Bryson clarified, once again, that the petition is to create a moratorium on Section 14 of
the code which is specific to zoning and wouldn't affect the building permits or
construction, but would affect zoning and zoning changes, and asked to be corrected if
he is wrong.
Mahurin stated her support for the airport and the business it brings to the community,
no matter how obnoxious the noise may be. She also mentioned amending the ordinance
to make it work.
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 9
Walker said the first paragraph in the Statement by Petitioners mentioned the flight
patterns used by planes, he asked that Administration take the issue to the Airport
Commission for further research. He stated that he did not support the Richka Park
permit but he does have some very strong concerns regarding the rezone before the
commission. He said he does support the buffer zone and suggested someone (citizens
or the city) purchasing the property.
VOTE
Glick No Goecke No
Bryson No Walker No
Werner-Quade No
Mahurin No
MOTION FAILED.
Walker told the audience the action can be appealed to the City Council.
C. PZ96-27 - Conditional Use Permit - Private Primary School, Hershberger
MOTION
CARL GLICK MOVED FOR APPROVAL OF PZ96-27. THERESA WERNER-QUADE
SECONDED.
There was no public wishing to speak to the resolution so Chairman Walker brought it
back to the commission for discussion.
Goecke stated his concern of the lot size and asked if it is large enough to contain 30
children at play tim.
Pam Hershberger (applicant) said they will be in session from 8:00 to 12:30 and will have
two 15 minute breaks. There will be out door equipment for the children, and their
program is a hands-on type program that will keep the children busy indoors also.
Mahurin questioned the parking area. Hershberger said the realtor gave her some paper
work that stated there are 6 - 10 parking spaces available. She added they plan to
increase the parking area. Hershberger said there will be really no parking, more of a
drop off for children. She said there will be people to get the children from vehicles and
walk them to the building so parents won't even have to leave their vehicle.
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 10
Bryson asked about fencing the yard. Hershberger said they haven't discussed fencing
but the will look into it. She added the area is surrounded by woods. Bryson asked 9
there are state requirements for fencing. Hershberger said no. Bryson said his concern
is the Spur Highway being so close.
Walker asked how many employees would be at the school. Hershberger said there will
be two certified teachers and a parent helper. Walker said the easement between the
property and the highway is less than 150'. He addressed the problem of traffic pattern
for vehicles coming and going and stated the he feels the lot size is too small for 20 to
30 students.
Mahurin said she drove by the lot and said there are apartments across the street and
stated there will probably be a lot of car-pooling.
There was further discussion of traffic patterns and it was decided that the commission
could not tell people what route to take in and out, but Hershberger did state she will
speak with parents dropping off children about coming and going.
Mahurin asked if the CUP could be limited to one year, then ask for a renewal. The issue
was discussed and decided that if the Hershbergers are going to pour a lot of money into
the school, they shouldn't have to wont' about renewing the CUP in one year. Werner-
Quade suggested that staff could verify that the Hershbergers are in compliance with the
permit.
La Shot said the applicant needs be sure there is adequate off street parking which could
be a condition of the permit.
AMENDED MOTION
KAREN MAHURIN MOVED TO AMEND THE MAIN MOTION TO REQUIRE THERE BE
ADEQUATE OFF STREET PARKING WITH AN ENTRANCE AND EXIT PATTERN AND
THAT CITY STAFF WILL VERIFY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT,
AND ALSO TO INCLUDE THE ADDITION OF A FENCE AROUND THE OUTSIDE PLAY
AREA. PHIL BRYSON SECONDED.
VOTE
Glick Yes Goecke Yes
Bryson Yes Walker Yes
Werner-Quade Yes
Mahurin Yes
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 11
AMENDED MOTION PASSED.
VOTE - MAIN MOTION
Glick
Yes Goecke
Bryson
Yes Walker
Werner-Quade
Yes
Mahurin
Yes
MOTION PASSED.
Yes
Yes
d. PZ96-28 - Enhanced 9-1-1 Mapping and Addressing Project
MOTION
RON GOECKE MOVED FOR APPROVAL OF PZ96-28 ENHANCED 9-1-1 MAPPING
AND ADDRESSING. PHIL BRYSON SECONDED
La Shot referred to the letter sent by the post office and recommended the streets on the
letter either retain the north/south prefix or add north and south as a suffix, or else there
will be duplicate addresses. He added the 9-1-1 system doesn't like prefixes. Walker
asked if it will accept the suffix. La Shot said yes, what ever we name the streets.
AMENDED MOTION
CARL GLICK AMENDED THE MAIN MOTION TO INCLUDE ADDING NORTH AND
SOUTH TO STREETS ON THE POST OFFICES LIST AS A SUFFIX. PHIL BRYSON
SECONDED.
There was further discussion regarding the post office delivering the mail whether it were
a prefix or a suffix. Werner -Quads said mail will get delivered no matter what.
VOTE
Glick Yes Goecke Yes
Bryson Yes Walker Yes
Werner-Quade Yes
Mahurin Yes
AMENDED MOTION PASSED.
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 12
VOTE - MAIN MOTION
Glick Yes Goecke Yes
Bryson Yes Walker Yes
Werner -Quads Yes
Mahurin Yes
MOTION PASSED.
7. NEW BUSINESS
a. . PZ96-29 - Landscape/Site Plan Review - Gensel
MOTION
KAREN MAHURIN MOVED TO APPROVE OF PZ96-29 LANDSCAPEISITE PLAN
REVIEW. CAR GLICK SECONDED.
There being no discussion Walker called for the vote.
VOTE
Glick Yes Goecke Yes
Bryson Yes Walker Yes
Werner-Quade Yes
Mahurin Yes
MOTION PASSED.
b. Application for Lease - Lot 4. Block 5. Cook Inlet Industrial Park & ROW
MOTION
RON GOECKE MOVED FOR APPROVAL OF THE APPLICATION FOR LEASE. KAREN
MAHURIN SECONDED.
Walker asked if this lease is a renewal of lease. La Shot said yes. The reason for the
short term is because there is a dedicated ROW that goes through the property and there
may be some point in the future we might use it.
VOTE
Kenai Planning and Zoning Commission
Minutes - April 24,
1996
Page 13
Glick
Yes Goecke Yes
Bryson
Yes Walker Yes
Werner-Quade
Yes
Mahurin
Yes
MOTION PASSED.
C. PZ96-30 Home Occupation Permit - Child Care - Carlough
MOTION
THERESA WERNER-QUADE MOVED FOR APPROVAL OF PZ96-30. KAREN
MAHURIN SECONDED.
La Shot said this is not a public hearing so there has been no response from citizens
concerning this HOP.
Walker asked if there is a HOP there already. La Shot said no. Walker stated it looks
like there is also an area for sewing. The copy of the application being too light read,
Woodford passed around the original application. It stated the applicant wishes to have
child care and a sewing business also. It was discussed whether or not a HOP could
have two businesses being operated under it.
AMENDED MOTION
RON GOECKE MOVED TO HOLD PZ96-30, HOME OCCUPATION PERMIT FOR
CARLOUGH UNTIL ADMINISTRATION FURTHER RESEARCHES WHETHER OR NOT
TWO BUSINESS CAN BE RUN UNDER ONE HOME OCCUPATION PERMIT. KAREN
MAHURIN SECONDED.
VOTE
Glick Yes Goecke Yes
Bryson Yes Walker Yes
Werner-Quade Yes
Mahurin Yes
AMENDED MOTION PASSED TO HOLD OVER
d. PZ96-31 - Home Occupation Permit - Secretarial/Bookkeeging Service -
Kautz
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 14
MOTION
KAREN MAHURIN MOVED FOR APPROVAL OF PZ96-31, HOME OCCUPATION
PERMIT, KAUTZ. RON GOECKE SECONDED.
Mike Christian asked if there will be a large amount of traffic in and out of the home.
Walker said only a small portion of the dwelling will be used for the business, the permit
does not address traffic.
Bryson said it appears to be a an on -going, part time operation, and the business will be
subject to covenants.
VOTE
Glick Yes Goecke Yes
Bryson Yes Walker Yes
Werner-Quade Yes
Mahurin Yes
MOTION PASSED.
8. OLD BUSINESS
a. Prime Residential Zone (Christian)
Walker referred to La Shot's memo concerning the Prime Residential Zone.
Bryson stated La Shot's projected values are reasonable. Bryson stated that he would
support incorporating modifications to the RS-2 zone (which is not being used any where
in the city) rather than making another zone. There was some confusion regarding
incorporating the two together. Bryson stated he is not saying to drop the things
requested in the RP zone, but to incorporate it with the RS-2 zone, or amend the RS-2
zone.
Goecke said he would support having this type of zoning available to a developer if
he/she desired to use it. Glick concurred stating the zone would need to be created and
then fit it in where it is wanted.
Mahurin requested this be issue be put on the agenda for the next meeting to be acted
upon.
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 15
There was further discussion about RS-2 being modified, and also the fact that RS-2 is
not being used in the city.
Christian stated he would like to see this issue acted upon by the commission as soon
as possible.
Walker asked if there is a consensus to bring this back to the May 22, meeting for action.
MOTION
RON GOECKE MOVED TO BRING THE PRIME RESIDENTIAL ZONE ISSUE TO THE
COMMISSION ON THE MAY 22,1996 P&Z AGENDA FOR ACTION AND ASKED FOR
UNANIMOUS CONSENT. KAREN MAHURIN SECONDED.
PASSED BY UNANIMOUS CONSENT.
9. CODE ENFORCEMENT ITEMS
None
10. REPORTS
a. Council - Smalley not present
b. Borough Planning
Bryson said the April 22, meeting had several items on the agenda. Borough streets,
coastal zone management - Tustamena, the applicant is applying for a Corp permit and
the borough found the application to be in compliance with the costal zone management
plan. The borough adopted a time restriction for planning commission meetings of 11:00
due to some late meetings.
C. Administration
La Shot reported there was some discussion among the TSH commission regarding the
sign code, there was no quorum so it will be discussed at the next meeting.
11. PERSONS PRESENT NOT SCHEDULED
Christian asked why it took so long for their petition (PR Zone) to come up. He stated
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 16
they applied a year ago and also no petitioners were notified there was a meeting being
held tonight. La Shot replied that we only received the fee for the application recently and
the first petition was withdrawn. He also stated we are not required to notify petition
signers.
12. INFORMATION ITEMS
No discussion.
13. COMMISSION COMMENTS AND QUESTIONS
Walker asked La Shot to check into the cab "cemetery" in Highland. La Shot stated he
has and will follow up on it.
Mahurin asked that the next agenda have under Discussion the purchase or trade of the
Richka Park property for a buffer zone.
Wemer-Quade said she will speak to the Airport Manager/Commission regarding air traffic
routes. Walker concurred that this does need to be done.
Bryson had timed the speakers of the public hearing and said the average time was less
than three minutes.
14. ADJOURNMENT
Chairman Walker adjourned the meeting at 10:20 p.m.
Respectfully submitted by
Kathy Woodford, P.W. Admin. Assistant
Kenai Planning and Zoning Commission
Minutes - April 24, 1996
Page 16
they applied a year ago and also no petitioners were notified there was a meeting being
held tonight. La Shot replied that we only received the fee for the application recently and
the first petition was withdrawn. He also stated we are not required to notify petition
signers.
12. INFORMATION ITEMS
No discussion.
13. COMMISSION COMMENTS AND QUESTIONS
Walker asked La Shot to check into the cab "cemetery° in Highland. La Shot stated he
has and will follow up on it.
Mahurin asked that the next agenda have under Discussion the purchase or trade of the
Richka Park property for a buffer zone.
Werner -Quads said she will speak to the Airport Manager/Commission regarding air traffic
routes. Walker concurred that this does need to be done.
Bryson had timed the speakers of the public hearing and said the average time was less
than three minutes.
14. ADJOURNMENT
Chairman Walker adjourned the meeting at 10:20 p.m.
Respectfully submitted by
Kathy Woo rd, P.W. Agin. Assistant
D-9/
HISTORIC DISTRICT BOARD
APRIL 23, 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:
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. City of Kenai (CLG) Annual Report
10. BOARD QUESTIONS AND COMMENTS:
11. ADJOURNMENT:
HISTORIC DISTRICT BOARD
APRIL 23, 1996
MINUTES
1. ROLL CALL:
Members present: Dorothy Gray, Bill Kluge, Michael Huhndorf
Members absent: Ethel Clausen, Kim Booth, Alan Boraas, Rebecca Gabriel-
Godek
Others present: Councilman Joe Moore, Administrative Assistant Kathy
Woodford and City Engineer Jack La Shot
After some informal discussion Chairperson Dorothy Gray called the meeting due to
no quorum at 7:25 p.m.
Respectfully Submitted
Kathy W odford
Admin. Assistant
APR-30-1996 10:53 FROM CHALLENGER CENTER TO 19072833014
Inspiring.
Exploring,
Learning.
It's Our Mission.
Challenger Center. for Space
Scmncie Education.is a not -for -profit
organization committed to
prompting science, math and
technology education.
Partn6ing with museums, science
centers, schools, universities and
communities across North America,
Challenger Center.uses the theme.
of space exploration to..
• create positive teaming
experiences,
• foster interest in math, science
and technology, and
• motivate young people to
explore.
The result has been a growing
netwojk of 25 Learning Centers,
acclaimed classroom programs and
teachO training workshops.
Workirig with innovative educators
and organizations, Challenger
Centercontinues to explore new
teaching techniques, leaming
environments and instructional
programs.
FAESIM
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COMPANY:
FROM: FAX: F1X: (703) 683; �57fi
SUBJECT:
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Challenger Center for Space Science Education
1029 North Royal Street, Suite 300
Alexandria, Virginia 22314
Phone: (703) 683-9740 • Fax: (703) 683-7546
APR-30-1996 10:53 FROM CHALLENGER CENTER
TO 19072833014 P.02
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1
April 30,1996
John J. Williams
Mayor
City of Kenai
210 Fidlago Avenue, Suite 200
Kenai, Alaska 9%11-7794
Dear Mr. Williams:
This letter is to advise you of Challenger Center's Board of Directors enthusiastic
approval for the development of a Challenger Learning Center z' Kenai, Alaska. I
look forward to welcoming the City of Kenai as a partner of the iChalkatger Leann'
Center network
i
The vision of '"The Science and Industry Institute of Alaska" as detailed in your
Challenger Learning Center application and feasibility studypromotes high, ediica
goals and standards. We wholeheartedly agree that a Challenger Learning Center
complement the exemplary plans for your facility.
It is my understanding that plans currently call for the opening of the Challenger
Learning Center in Fall 1998. Annie Roskell, Regional Director, will clontinue to wi
with your community on educational programming, contract preparation .and rela
events.
Thank you for involving Challenger Center in your mission to serve students and
educators throughout the state of Alaska. Challenger Center antidpates a product
and meaningful partnership with the City of Kenai
Sincerely,
V e R Ablott
President
7e of
IL
fv3urs....
• � yes.rs �Cip1`��rn"9
1029 North Royal Street Suite 300 Alexandria, Virginia 22314 703-683-:9740 FAX 703.683-7546
TOTAL P.02
°F UNIVERSITY OF ALASKA ANCHORAGE /,f
OFFICE OF THE CHANCELLOR
�CMoft 3211 Providence Drive
Anchorage, Alaska 99508-8060
(907) 786-1437 — FAX (907) 786-6123
AYCHANC
April 25, 1996 �3},
APR 1996
co
CIA CITY CLERK p
John Williams, Mayor NN -'TY OF KENP!`���
City of Kenai
210 Fidalgo Avenue
Soldotna, AK 99611
Dear May x11 .
I just received news that Kenai has been selected as a site for one of the NASA Challenger
Learning Centers. Congratulations! This is an important addition, as you well know, to the
educational opportunities available to students on the peninsula and in Southcentral Alaska. As
you have said on numerous occasions, it will also serve as an attraction for many of the
peninsula's summer visitors.
On behalf of UAA, and most particularly, the Mining and Petroleum Training Service and the
Kenai Peninsula College, I want to reiterate how beneficial our partnership with the city and
borough have been over these many years. This new development simply provides further
opportunities for us to expand our collaborative efforts to make exciting and new educational
opportunities available to our students and citizens.
Again, congratulations on your initiative. This is a real feather in the cap for both the city and the
entire borough and is a project which will benefit all students.
Sincerely,
Edward Lee Gorsuch
Chancellor
kch
A DIVISION OF THE UNIVERSITY OF ALASKA STATEWIDE SYSTEM OF HIGHER EDUCATION
�-I
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 17, 1996
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an. asterisk (*) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in itst
normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Thelda & Cristel Fields - KCHS After -Prom Committee
Request.
2. Elton McGahan - Alaska Circle Track Association/Twin
Cities Raceway Request.
C. PUBLIC HEARINGS
1. Ordinance No. 1684-96 - Increasing Estimated Revenues
and Appropriations by $3,380 in the General Fund for
Repair of a Damaged Police Vehicle.
2. Ordinance No. 1685-96 - Amending Title 23, Sections
23.10.020, 23.10.030, 23.25.060(d), 23.25.060(e),
23.30.050, 23.40.030, of the Kenai Municipal Code to
Bring Municipal Personnel Policies Into Compliance with
the Provisions of the Fair Labor Standards Act.
3. Ordinance No. 1686-96 - Amending the Kenai Municipal
Code by Adding Section 13.30.035 to Codify the City's
Authority to Establish Pay Parking Lots on City
Property and Providing for Towing of Vehicles Which are
Improperly Parked at Said Parking Lots.
4. Ordinance No. 1687-96 - Amending the Kenai Municipal
Code by Adding Section 13.30.095 to Prohibit Parking on
Kenai Avenue.
-1-
D.
5. Ordinance No. 1688-96 - Increasing Estimated Revenues
and Appropriations by $70,000 in the Soils CIIAP
Capital Project Fund for Clean-up of Lots 13 and 14,
Cook Inlet Industrial Air Park.
6. 1996/97 Liquor License Renewal Withdrawal of Protest -
Casino Bar - Beverage Dispensary.
7. 1996/97 Liquor License Renewal Application - New Peking
- Restaurant/Eating Place.
8. 1996/97 Liquor License Renewal Application - American
Legion Post 020 - Club.
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 April 3, 1996.
F. CORRESPONDENCE
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1689-96 - Increasing Estimated Revenues
and Appropriations by $2,592 in the Senior Citizens -
Borough Special Revenue Fund.
01M
4. *Ordinance No. 1690-96 - Increasing Estimated Revenues
and Appropriations by $2,500 in the Senior Citizens -
Borough Special Revenue Fund for Needed Operating
Expenditures.
5. Approval - Amendments to Mayor's Council On Aging By -
Laws.
6. Discussion - Hotel/Motel Room Tax.
EXECUTIVE SESSION - None scheduled.
I. ADMINISTRATION REPORTS
1.
Mayor
2.
City Manager
3.
Attorney
4.
City Clerk
5.
Finance Director
6.
Public Works Director
7.
Airport Manager
J. DISCUSSION
1. Citizens (five minutes)
2. Council
-3-
KENAI CITY COUNCIL - REGULAR MEETING
APRIL 17, 1996
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
VICE MAYOR H. RAYMOND MZASLESj, PRESIDING
ITEM A: CALL TO ORDER
Vice Mayor Measles 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
Vice Mayor Measles led those assembled in the Pledge of
Allegiance.
A-2.
ROLL CALL
Roll was taken by the City Clerk. Present were: Bookey,
Swarner, Moore, Bannock, Smalley and Measles.
Absent was Williams.
A-5. AGENDA APPROVAL
Vice Mayor Measles requested the following changes to the agenda:
ADD AS: B-30 Chief Burnett/Airport Manager Ernst - Alaskan
Regional Aircraft Fire Training Center at Kenai - Video
Presentation.
ADD AS: I-1, Mayor's Report - DNR letter requesting appointment
of City representative to participate in a technical
working group to assist DNR staff and KRSMA in updating
the state's Kenai River Management Plan.
ADD AS: I-2, City Manager's Report - 4/17/96 TM memorandum
appointing Pat Porter as Acting City Manager.
ADD AS: I-2, City Manager's Report - 4/16/96 TM memorandum
regarding meeting with DNR and city representatives on
potential land swap.
ADD AS: I-2, City Manager's Report - 4/16/96 Gray Video
Productions letter request to use portions of City
video and approved by TM.
Finding no other changes requested, Vice Mayor Measles declared
the agenda approved as amended.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 2
A-6. CONSENT AGENDA
Finding no changes requested to the consent agenda, Vice Mayor
Measles declared the consent agenda approved as presented.
ITEM B: SCHEDULED PUBLIC COMMENT
B-1. Thelda & Cristel Fields - KCHS After -Prom Committee
Request.
Thelda & Cristel Fields - Mrs. Fields referred to the letter
included in the packet and introduced herself as a member of the
KCHS "after prom committee." Fields explained that this year,
because there are three proms scheduled for the same evening, it
has been difficult to acquire food and financial donations from
area businesses for the "after prom" activities. These
activities have been offered to students for a number of years in
order for the students to have a safe place to go after the prom,
to play games and socialize. The idea is to keep the kids off
the streets, driving around, etc.
Because donations have been very scarce this year, Fields
requested council to reduce the cost of the rental fee for the
Recreation Center or a waiver from the cost. Fields explained
that the committee would like to use the Recreation Center for
after prom activities and added that Bob Frates and Jean
Goodlife, city employees at the Center, have donated their time
for the evening.
Councilman Smalley asked McGillivray if there would be a problem
allowing employees to volunteer their time. McGillivray stated
no. Smalley asked if it would be acceptable to have after -prom
committee members clean up the Center at the end of the
activities. McGillivray stated it would be acceptable.
MOTION:
Councilman Smalley MOVED for the City to waive the fees of the
facility as requested and that the arrangements be worked out
with the committee to take care of the situation. Councilwoman
Swarner SECONDED the motion and requested UNANIMOUS CONSENT.
There were no objections. 80 ORDERED.
B-2. Elton McGahan - Alaska Circle Track Association/Twin
Cities Raceway Request.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 3
Elton MoGahan - Mr. McGahan introduced himself and referred to
his letter included in the packet. McGahan explained that the
City may have some surplus fencing available and as a
representative of the Alaska Circle Tract Association/Twin Cities
Raceway, was requesting the surplus fencing be donated to Twin
Cities Raceway to be used as a safety fence.
Councilman Bookey asked if the City had surplus fencing.
McGillivray answered it was fencing that was donated to the city
from the Borough. Some of the fencing was used as back -stops for
the ball fields by the Middle School. Not all of that fencing
was used for the ball fields. McGillivray added, he did not
anticipate the need for the remaining fencing.
Councilman Moore asked McGahan how it would be used as a safety
fencing. McGahan explained they would be moving their safety
area from the center of the track to the back of the field. The
fencing would help to separate the area and keep it safer. Moore
asked Vice Mayor Measles if there would be any liability to the
City for the Raceway to be using the fencing as a safety fence.
Measles answered, the city would not be installing it. The city
would be giving the fencing to the Raceway.
Councilman Bannock asked McGillivray what would happen to the
fencing if it would not be donated to the Raceway. McGillivray
answered, nothing. It would remain in a pile in the storage
area.
MOTION:
Councilman Bannock MOVED, pursuant to the request of Twin Cities
Raceway, to donate to them the excess fencing which was donated
to the City of Kenai. Councilman Bookey SECONDED the motion and
requested UNANIMOUS CONSENT. There were no objections. SO
ORDERED.
B-3. Chief Burnett/Airport Manager Ernst - Alaskan Regional
Aircraft Fire Training Center at Kenai - Video
Presentation.
Fire Chief Burnett and Airport Manager Ernst showed a video
presentation of the Alaskan Regional Aircraft Fire Training
Center at Kenai which was recently developed. Burnett referred
to the course catalog information which was distributed to
council at the beginning of the meeting. Burnett noted there
would be some modification to the title page, removing the city's
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 4
log and putting a crash car on it. The video and catalog
information was developed for promotion presentations for the
facility.
There is a 60-day window in which to make the necessary
presentations to FAA, etc. They are now preparing a business
plan for the facility. He, Airport Manager Ernst and Mayor
Williams will be traveling around the state to make presentations
to five municipally owned airports, including Anchorage and
Fairbanks. They will also be meeting with representatives from
DOT in Juneau. With their approval, they will be able to finance
the business plan and submit it to FAA this year. By October,
they should have allocation of funding from the federal
government and construction should then being by -April, 1997.
Burnett added, after last week's presentation, the Alaska Fire
Chiefs Association has offered their support and will be helping
to write the business plan. If DOT signs off on the project,
they should not have any problem getting funding from FAA.
Bookey asked how many people, a year, would be going through the
facility. Burnett answered, they approximate 200 Alaska
students. The facility will also be.marketed to this side of the
Continental Divide as well as Russia, Canada and Japan. The
training can be two-day programs to two -week courses, depending
on the course requested. Burnett added, the facility will be
available to all fire departments, not just municipalities with
airports, which would include mutual aid groups as well.
Additionally, required fire training classes may increase from
one a year to four.
Councilwoman Swarner asked who would run the facility and be
responsible for it. Burnett answered, the city would be
responsible for the facility, however the University of Alaska
may be responsible for operations. This is to be worked out.
The next closest facility of this type is under construction in
Salt Lake City. Burnett added, there had been discussion of some
military users as well.
The facility would be a twelve-month operation. It would be a
clean -burning facility.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 5
ITEM C: PUBLIC HEARINGS
C-1. Ordinance No. 1684-96 - Increasing Estimated Revenues
and Appropriations by $3,380 in the General Fund for
Repair of a Damaged Police Vehicle.
MOTION:
Councilman Smalley MOVED for adoption of Ordinance No. 1684-96
and Councilman Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
Bannock: Yes Smalley: Yes Williams: Absent
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
C-2. Ordinance No. 1685-96 - Amending Title 23, Sections
23.10.020, 23.10.030, 23.25.060(d), 23.25.060(e),
23.30.050, 23.40.030, of the Kenai Municipal Code to
Bring Municipal Personnel Policies Into Compliance with
the Provisions of the Fair Labor Standards Act.
MOTION:
Councilman Bookey MOVED for approval of Ordinance No. 1685-96 and
Councilman Smalley SECONDED the motion.
There were no public or council comments.
VOTE:
Bannock: Yes Smalley: Yes Williams: Absent
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
C-3. Ordinance No. 1686-96 - Amending the Kenai Municipal
Code by Adding Section 13.30.035 to Codify the city's
Authority to Establish Pay Parking Lots on City
Property and Providing for Towing of Vehicles Which are
Improperly Parked at Said Parking Lots.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 6
MOTION:
Councilman Bannock MOVED for adoption of Ordinance No. 1686-96
and Councilwoman Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
Bannock:
Yes
Smalley:
Yes
Williams: Absent
Bookey:
Yes
Swarner:
Yes
Moore: Yes
Measles:
Yes
MOTION PASSED UNANIMOUSLY.
C-4.
Ordinance No.
1687-96 -
Amending
the Kenai Municipal
Code by Adding
Section
13.30.095
to Prohibit Parking on
Kenai Avenue.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance no. 1687-96
and Councilman Smalley SECONDED the motion.
John Efta - Stated he supported the ordinance and felt it should
be given stronger language by adding KMC 13.30.095.
There were no other public comments.
Councilman Moore asked if this was council's answer to the
problem as he was not convinced that it was. Smalley stated he
agreed, but felt it was part of the problem that needs to be
remedied. Bookey stated he agreed also but asked Kornelis if it
meant that there would be no parking along Kenai Avenue and only
a loading and unloading area? Would it eliminate all parking on
the Avenue? Kornelis answered that he understood that parking
would be only in an designated area. There are only three or
four areas where parking would be available.
Moore stated he was not convinced that would work as the Avenue
is very narrow and it is doubtful that two RVs could pass. There
is room for a turnaround, however it would be difficult for a 30'
RV to be able to turnaround there. Signs alone wouldn't work
either.
Bookey asked Chief Morris if he felt this would be enforceable.
Morris stated it would be difficult to enforce as there will be a
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 7
24-hour a day dipnet fishing opening. Their seasonal enforcer
will be working 40 hours a week. If an enforcer is present early
on and vehicles are towed during the day and over the weekends,
it may deter people from parking there.
Swarner stated the council has addressed the dunes many times
before. She believed the ordinance will be a beginning. She
supported the ordinance.
Bannock stated he supported the ordinance because without it,
there would be no rule. However, if fishers can't find a
reasonable parking spot, they will find an unreasonable one. If
towing can be done at the airport, it can be done along the
beach.
Smalley stated he agreed with council and added, an educational
program, i.e. signs, towing, etc., along with the ordinance will
help educate the fishers. He believes it is an initial step to
take. That area needs attention.
Moore suggested the south side of the river should have a similar
ordinance to protect it as well. It is not fair to the residents
on that side of the river.
VOTE:
Bannock: Yes Smalley: Yes Williams: Absent
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
C-5. Ordinance No. 1688-96 - Increasing Estimated Revenues
and Appropriations by $70,000 in the Soils CIIAP
Capital Project Fund for Clean-up of Lots 13 and 14,
Cook Inlet Industrial Air Park.
MOTION:
Councilman Bookey MOVED for adoption and Councilman Smalley
SECONDED the motion.
There were no public comments. Bookey asked Kornelis if he was
comfortable with the amounts included and the directions.
Kornelis answered, he was not comfortable, but it was probably
the best that could be done. Engineering Technician stated the
amounts were based on the consultant's findings.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 8
VOTE:
Bannock: Yes Smalley: Yes
Bookey: Yes Swarner: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
Williams: Absent
Moore: Yes
C-6. 1996/97 Liquor License Renewal Withdrawal of Protest -
Casino Bar - Beverage Dispensary.
Clerk Freas explained the city's letter of protest was based on
amounts owed to the Borough. A letter from the Borough was
received which stated those amounts were paid and the accounts
were now current. The Borough withdrew their protest.
MOTION:
Councilman Smalley MOVED to withdraw the City of Kenai protest
for the liquor license renewal for the Casino Bar. Councilwoman
Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-7. 1996/97 Liquor License Renewal Application - New Peking
- Restaurant/Eating Place.
Clerk Freas explained the New Peking was current with amounts
owed to the city, however was not current with sales tax and
missing filings with the Borough. Freas requested a motion from
council to approve the liquor license renewal contingent upon the
New Peking coming current by April 26.
MOTION:
Councilman Smalley MOVED to protest the 1996/97 liquor license
renewal application for the New Peking unless amounts owed were
brought current by April 26. Councilman Bookey SECONDED the
motion.
There were no public or council comments.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 9
VOTE:
There were no objections. 80 ORDERED.
C-8. 1996/97 Liquor License Renewal Application - American
Legion Post #20 - Club.
Clerk Freas explained the American Legion Post #20 was current
with amounts to the City of Kenai, however were owing sales tax
amounts and missing filings with the Borough. Freas requested a
similar motion from council as was given for the New Peking.
MOTION:
Councilman Smalley MOVED to approve the 1996/97 liquor license
renewal for American Legion Post #20 contingent upon their
bringing accounts current. Councilwoman Swarner SECONDED the
motion.
There were no public or council comments.
VOTE:
There were no objections. 80 ORDERED.
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging
Senior Center Director Porter reported she had received
notification that the grant monies for 1995/96 had been decreased
by four percent. They are dealing with that right now. They had
expected a five percent decrease so they had been very careful
with their funds. The four percent decrease comes from their
fund budget.
D-2. Airport Commission
Vice Mayor Measles reported the Commission minutes from their
last week's meeting were included in the packet.
D-3. Harbor Commission
Councilman Bookey reported the Commission met on April 8 and the
minutes were included in the packet. Most of the meeting
discussion was in regard to the dunes and the proposed parking
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 10
ordinance. The Commission supported the ordinance. Councilman
Moore was also at the meeting and discussed concerns he had.
Bookey added, he believed there will be other issues in the
future.
D-4. Library commission
Councilman Moore reported the next meeting was scheduled for May
4. The last meeting's minutes were included in the packet. The
library will be open on Sundays during April. Sunday openings
will be staffed by volunteers.
D-5. Parks & Recreation Commission
Councilman Bannock reported at the Commission's last meeting,
they discussed budget items and the Rotary Club's proposed
matching grant for Old Towne Park improvements. The grant has
been approved by the Rotary Club. McGillivray will be meeting
with Rotary representatives to work out the details.
Bannock also reported the Commission suggested that if council
was contemplating the building of an ice rink, one similar to the
Nikiski rink be considered. Also, the Commission requested that
discussion in regard to the ice rink be brought to the Commission
for review, etc.
Bannock reported Director McGillivray also announced his
retirement at the meeting.
Smalley agreed the Commission should be kept apprised of ice rink
plans as last year the Commission was omitted from the
discussions and want to be included in any future discussions.
D-6. Planning & Zoning Commission
Councilman Smalley reported he was not at the meeting, but
reviewed the minutes with council. Smalley reported a
conditional use permit applied for by Marathon Oil was approved.
Action on a conditional use permit for a guiding business at
Angler's Acres was postponed until the amount of boats operating
from that dock could be determined. Action on the main motion
for the proposed halfway house failed. There was also a long
discussion in regard to the sign code and the opinion of the
Historic District Board that the code did not speak to historic
correctness for the Townsite Historic Zone. No action was taken.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 11
Smalley reported there was a long discussion about the proposed
residential zone. The matter will come to public hearing in the
near future.
D-7. Miscellaneous Commissions and Committees
D-7a. Beautification Committee
Councilwoman Swarner reported the minutes of the last committee
meeting were included in the packet. There will be a volunteer
orientation meeting in the council chambers on April 30 at 7:00
p.m. Swarner encouraged any interested persons to attend.
D-7b. Historic District Board
No meeting since the last council meeting.
D-7c. Challenger Steering Committee
Councilman Bannock reported the committee met the day before.
They were making plans to make a public announcement if Kenai is
awarded the site location.
D-7d. Kenai Visitors & Convention Bureau Board
Councilman Bookey reported there were no minutes included in the
packet, however at the last meeting Rita Smagge (Kenaitze Indian
Tribe) and Will Jahrig were appointed to the board.
Kim Booth reported they were gearing up for the summer. They
will be using the volunteer program again as it was successful
last year having volunteers available to show people around and
answer questions. They are considering a second visitors' desk
at the airport which would include more city-wide information
instead of Borough -wide.
Councilman Smalley, referring to visitor information Booth
distributed to council at the beginning of the meeting, asked
Booth how accurate the numbers were and how they are impacted by
the counter. Booth answered the visitor count was taken on a
daily basis at the front door. July and August is when they have
the most new visitors using the facility. They have a real good
feel for how many people come in, go out, and come in again.
Smalley asked if the Board would consider charging a $1.00 fee to
visitors using the facility in June, July and August. Booth
answered they have discussed this at committee and board
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 12
meetings. Their feeling is there may be more harm than good if
they charge an entrance fee. They have found, at other visitor
centers, that unless it is a very large facility, charging a fee
would more likely cause a loss of visitation. They probably will
discuss the matter again in the future. They are still trying to
get the fullest use of the building and a charge would be a
disadvantage at this time.
Vice Mayor Measles added, charging a fee is not allowed because
of the federal funding and the Lake Clark display. Bookey stated
they found that if the Lake Clark display is open to the public
at no charge, they could charge for the other area of the
facility. Booth added, through her travels to other centers, she
has learned that having a donation area and a greeter at the door
is very helpful. They will be doing some things to try to
increase donations.
BREAK TAKEN: 8:00 P.M.
BACK TO ORDER: 8:10 P.M.
ITEM E: MINUTES
E-1. Regular Meeting of April 3, 1996.
Approved by consent agenda.
ITEM F:
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 Councilwoman
Swarner SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 13
Councilman Moore asked what the "exchange difference" was on the
payment to Utility Supply of America. Kornelis answered he
believed they exchanged a pump and the price on the new pump was
higher than the purchase order was originally. Sweeney stated
the invoice sent by the manufacturer exceeded the purchase order
amount which was previously approved by council. Because the
amount was higher, the purchase order needed to be brought back
to council.
VOTE:
There were no objections. 80 ORDERED.
H-2. Purchase Orders Exceeding $2,500
MOTION:
Councilman Smalley MOVED for approval of the purchase orders
exceeding $2,500 and Councilman Bookey SECONDED the motion.
There were no objections. SO ORDERED.
H-3. Ordinance No. 1689-96 - Increasing Estimated Revenues
and Appropriations by $2,592 in the Senior Citizens -
Borough Special Revenue Fund.
Introduced by consent agenda.
H-4. Ordinance No. 1690-96 - Increasing Estimated Revenues
and Appropriations by $2,500 in the Senior Citizens -
Borough Special Revenue Fund for Needed Operating
Expenditures.
Introduced by consent agenda.
H-5. Approval - Amendments to Mayor's Council On Aging By -
Laws.
Councilwoman Swarner asked if the amendments had not already been
approved. Acting City Manager Porter explained that they had
come to council one time. Council suggested the board member
amount be changed from seven to nine. The by-laws were sent back
to the Council on Aging for their approval and, inadvertently,
they were not sent back to the City Council for their final
approval.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 14
MOTION:
Councilwoman Swarner MOVED to approve the amendments to the
Mayor's Council on Aging By -Laws as presented. Councilman Bookey
SECONDED the motion. There were no objections. SO ORDERED.
H-6. Discussion - Hotel/Motel Room Tax.
Councilman Bookey explained he requested this topic be placed on
this agenda because the council stated, at the time of passage of
the ordinance, that they would re-evaluate the ordinance after
one year. It has been two years and he wanted to discuss the
matter with hotel/motel owners.
Don Aase, King's Inn - Mr. Aase explained that in 1986 he sold
the King's Inn and in 1989 he had to take it back. Between 1986
and 1989, there was no Visitors' Center and now there is. The
revenue that comes from the motel industry is way down. Soldotna
is doing much better than the City of Kenai. He has invited
council and their accountant to look at his books to see what the
revenue has been. Some have reviewed the books. Aase added,
council should realize the King Salmon Motel (in Soldotna) was
built at the same time as the King's Inn. The King Salmon is
doing two times more business it used to and the Kenai motels are
doing half as much.
Aase also stated that truckers (Lynden Distributors, Snap -on
Tools, etc.) are staying in Soldotna because of the lower room
rate. The Visitors Center may be doing good, but the hotel/motel
tax is harming the motel industry because their customers are
fighting with them at the desk. The Visitors' Center forwarded
customers to him. He dropped his membership to the Center
because he was not in favor of the bed tax.
Aase added, he would sell the motel to anybody for $1 million
less than what he sold it for in 1989. That is how bad, in
comparison, the business is. If the bed tax was helping them, he
would be in favor of it. Also, Kenai's hotel/motel business with
a bed tax and another town nine miles away that doesn't have a
bed tax cannot be compared to Anchorage and other areas where
there is a bed tax.
Joe Arness, Kenai Merit Inn - Mr. Arness stated he was seen as
the most positive motel owner in regard to the bed tax. Four
years ago he got involved with the Merit Inn and it was a foolish
thing to do. He sees the hotel/motel tax as simply another
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 15
obligation. If Kenai were a tourist destination and their motel
rooms were full, it would be fine. His operation has lost money
for four years. The bed tax is a business expense. If he could
rent 10,000 rooms here at $66.00 a night he could give the city
$33,000. The bed tax was money directly out of his pocket. The
bed tax is a direct obligation to him. It has nothing to do with
an add -on.
Arness continued, stating that people do not come to Kenai to go
to the Visitors' Center. He believed Kim Booth was trying to
help the operators, but to him, help would not be to pay more
out, it was to bring more in. He was not sure a bed tax is the
answer to funding the Visitors' Center. He asked for council's
reconsideration of the ordinance.
Arness added, three of the four main hotels in Kenai are actively
looking for buyers at this time.
Councilwoman Swarner referred to Arness' statement that it was a
business expense for him, and asked, if he was charging the
additional bed tax. Arness answered yes, and when it was time to
pay the payroll and utilities, it felt the same as paying the
electric bill, etc.
Arness added, it is not a perfect world and banks don't like to
talk to motel owners in Kenai because there is not enough
business to support them. They find financing where they can to
keep their doors open. In that respect, the bed tax becomes
nothing more than another expense. But, you have to do what you
have to do. Then you come to fists with the city. He added, he
knows Cary Graves much better than he would like. He doesn't
want to have to deal with Cary Graves.
Swarner asked the operators in the room if they were catering.
Mr. Arness stated he was.
Louis Schilling, Uptown Motel - Mr. Schilling stated he had been
through the whole circuit and seen how it affected his business.
The bed tax was presented three years ago. The theory was that
the city was doing so much good for the industry that the
industry should pay. However, occupancy rates fall each year and
last year was the worst. 65% occupancy is typically the break-
even amount. He paid more bed tax than the others in Kenai and
using that figure, he had a 41% occupancy rate.
Schilling added, he called operators in Seward to find out what
their rates were going to be for the summer. In theory, bed tax
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 16
is an add -on. Seward now has a bed tax and they will be charging
$168 a room. Seward operators were sold out 50 days last year.
He sold out only seven days last year. Because he has no
occupancy rate, he has tried to sell rooms at whatever rate he
can to get the business.
Schilling stated he believes in Kenai, but at this time, he can't
sell his business for what he owes. None of the Kenai operators
can. His business is family operated. Without them working, the
business wouldn't work. They tried to take the profit they
didn't have and put it back into the business. Because it is
family operated they can do that. Other operators can't do it if
there is no business to support it. The Uptown Motel is the only
motel in Kenai that has not gone broke. The industry does not
survive in Kenai. You can't justify spending on a negative cash
flow. He's borrowed money to put in it.
If push comes to shove, he believes he can survive it, but thinks
all business people in Kenai should have a fighting chance. The
Mom -and -Pop businesses can't compete anymore. He doesn't blame
the bed tax, it's their own trouble, but the bed tax worsened it.
Schilling added, the bed tax collected $140,000 for the city last
year. The bed tax collected was profit out of the operators'
pockets.
Swarner asked if the restaurant and lounge profits decreased.
Schilling answered they were holding up. He added, during the
winter months he went to Anchorage and stayed at the Captain
Cook. They had two rooms left and it was their May through
October season. If the Kenai operators could fill their motel
rooms in June, July and August, they would be glad to pay the bed
tax.
Schilling also stated that the bed and breakfasts and fishing
guides are offering lodging with their packages. They are taking
the hotel/motel summer business and close during the winter. He
used as an example the small lodging facility being built by the
Elks Club. The owner is from Oregon and lives in the area and
runs his business during June, July and August, then leaves at
the end of the season. It is very frustrating. He, like others,
has made a long-term investment, but when they want to sell, they
can't because there is no market. He can't show on paper how it
will flow and it all goes back to revenues.
Swarner asked if salespeople stayed at his motel during the
winter. Schilling answered yes, usually nine to ten a night. He
rents less than half of his rooms on a year -around basis.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 17
Jim Singree, Katmai Motel - Mr. Singree thanked council for
approving the payment plan at a recent meeting. He added, it has
been a knock -down, drag -out fight for business. 1993, 1994 and
1995 were very bad years for business. He thinks the RV parks
have hurt the motel business. Something needs to be done to get
people to come back to Kenai. Only some of the businesses have a
place for RVs to park. He feels the bed tax is another bill that
needs to be paid. He added, he appreciated the discussion.
Councilman Bannock thanked the people that spoke to the topic.
He added, he didn't think people were coming to Kenai to go
fishing. Kenai is a great place, but doesn't think the City of
Kenai is doing anything to bring people to Kenai. He believes
the bed tax is a punishing thing -- anytime there is a tax
without a direct benefit to it; it is a terrible thing. He would
like to do something about it.
Councilman Smalley reminded council they said they would
readdress the discussion to look at other avenues. One thing
they talked about was equity. They need to do something that is
fair and equal to all who gain from tourism. The bed tax singled
out four major business and bed & breakfasts. They are a small
part of the community. He would like something that is more all -
encompassing.
Smalley added, he would like council to consider sunsetting the
bed tax so that it would not be in effect for a time to allow
review of a sales tax that everybody pays. Homer added an
additional one cent. The sunsetting would allow time to see what
would happen with if there is a one-half cent or one cent
addition to the sales tax for a year. The Center is a wonderful
facility and he would probably visit it if he was a visitor
coming to Kenai. Most people come for the fishing. It is a
building that is supposed to be promoting the business the bed
tax is on. He added, he thought the council could remedy the
situation and should give careful consideration of it.
Finance Director Sweeney stated an extra one percent a year would
add a $1.1 Million to the city's revenue.
MOTION:
Councilman Smalley MOVED that the City of Kenai sunset the bed
tax issue, effective May 1, 1996. Councilman Bannock SECONDED
the motion.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 18
Councilman Moore asked for how long the bed tax would be
sunsetted. Smalley answered, until someone brings it back. The
reason he suggested sunsetting it was because it is a lot of
effort to bring it back if it were repealed. Sunsetting would
make it easier to bring it back if there is a need for it.
Council probably wouldn't be as concerned if other communities
had one and when elements of the industry say they aren't paying
it for whatever reason, it is not real fair.
Sweeney referred to Chapter 7 of the code and stated he believed
an ordinance would be needed. Smalley suggested administratively
sunsetting the ordinance and then Administration would have to
bring forth an ordinance to amend KMC 7.12.
Vice Mayor Measles advised the earliest effective date of an
ordinance would be June 15. Smalley stated he could make that
adjustment as he thought it was something that needed to be done.
MOTION TO AMEND:
Councilman Smalley MOVED to amend his motion to make the
effective date as early as June 15, depending upon 30 days after
the ordinance is enacted. NO SECOND.
Swarner stated it would be an accounting nightmare because of the
end of the quarter (June 30). Measles suggested to Smalley to
change the motion to direct administration to bring an ordinance
to the next council meeting which would sunset the bed tax
ordinance as soon as it would be legally possible.
MOTION TO AMEND:
Councilman Smalley MOVED to amend his motion to direct
administration bring an ordinance to the next council meeting
which would sunset the bed tax ordinance as soon as it would be
legally possible. Councilman Bannock SECONDED the motion.
VOTE ON AMENDMENT:
There were no objections. SO ORDERED.
Smalley suggested a motion to have Administration bring
information to council as to what they should do to review an
increase in sales tax. Measles suggested since the sunsetting of
the bed tax was to be considered by ordinance in the near future,
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 19
council would be discussing a raise in sales tax during their
next budget work session. Removal of the bed tax would eliminate
approximately $140,000 out of the budget revenues.
Smalley noted that the budget information included in the packet
showed the General Fund Sales Tax revenue from the hotel/motel
tax was shown as $102,500 and not $140,000 as recommended by the
city manager. The actual amounts through March 1 were listed as
$60,000. He did not think the $140,000 would be an accurate
amount, but it was still a concern. $82,839 was last year's
actual amount.
EXECUTIVE SESSION - None scheduled.
ITEM It ADNINISTRATION REPORTS
1-1. Mayor
Vice Mayor Measles noted there were several items included in the
packet for council's review. The letter distributed at the
beginning of the meeting from the Department of Natural Resources
needed action as it requested the appointment of a City of Kenai
representative to their technical working group which would be
working with the Kenai River Advisory Board to update the Kenai
River Management Plan.
Swarner noted Engineering Technician Clark had stated her
interest. Measles suggested it would be better to have Attorney
Graves represent the city as he has been involved with the Kenai
Peninsula river ordinance discussions.
There were no objections to the appointment of Attorney Graves to
the working group.
I-2. City Manager
Acting City Manager Porter noted there were three items added to
the agenda from the city manager for council to review.
I-3. Attorney
Absent.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 20
1-4. City Clerk
a. KCES After Graduation Donation - Clerk Freas referred
to the letter included in the packet which was received from the
KCHS "After Graduation" Committee in which they requested a
donation for the after graduation activities. Freas noted
council budgeted $300 in their budget for this purpose. Freas
asked for direction to have the check prepared for this purpose.
MOTION:
Councilman Smalley MOVED to make the $300 donation to the KCHS
"After Graduation" Committee. Councilman Bookey SECONDED the
motion. There were no objections. SO ORDERED.
b. Alcoholic Beverage Control Board Meeting - Freas
reported she had attended a portion of the ABC board meeting in
Anchorage that morning. She represented the city in regard to
its protest of the renewal of the Kenai Merit Inn liquor license.
Freas explained the city and the Borough had protested the
renewal of the liquor license in March 1995. The Borough
subsequently withdrew their protest when amounts owed to the
Borough were brought current. Because the city's letter
protested the renewal of the license referring to the same
amounts the Borough's letter protested, the ABC disregarded the
city's protest. Freas added she had inadvertently omitted the
bed tax and water/sewer charges which were owed to the city and
was part of the council's protest.
The ABC Board, at that morning's meeting, recognized that they
erred in disregarding the city's protest and Freas had erred in
not including the bed tax and water/sewer charges in the city's
protest letter. The renewal question of March, 1995 was
disregarded because both ABC and the city erred. However, ABC
did recognize the city's letter of January 31, 1996 and
subsequent letters which delineated amounts owed since the
withdrawal of the Borough's protest as a protest of continued
operation. ABC denied the renewal of the license based on the
city's protest of continued operation.
I-5. Finance Director
a. Conference Attendance - Sweeney reported he and Robin
Feltman would be attending the Alaska Finance Officers Conference
in Sitka next week.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 21
b. Budget Work session - Sweeney reminded council there
was a budget work session scheduled for Wednesday, April 24.
Because he will be at the conference, City Manager Manninen would
represent the Finance Department at the work session.
C. Upcoming Personnel Ordinances - Sweeney reported that
budget -related personnel ordinances requiring 30 days after
passage for enactment must be introduced in May. To that end
there will be ordinances in the next packet for introduction.
Councilman Smalley asked if a packet for the work session would
be made available at the Police Department prior on Friday.
Clerk Freas answered yes.
Councilman Moore noted that in the budget, taxes were budgeted at
100% collection. Moore asked if that should be reduced for what
can be anticipated to be collected and not to overstate the
revenues? Sweeney answered they wouldn't overstate the revenues,
as far as the financial statements. Moore clarified it was the
budget he was referring to. Sweeney stated it was a forecasted
figure which was based on an analysis of what had happened in the
past, especially in terms of property taxes. He tried to
forecast the best he could. If council wanted to allow a 95%
factor, he could work that in. He requested guidance from
council as to whether to do that. Sweeney continued, the amount
of extra revenues which would be adjusted would be pretty
minimal, but if council wanted that type of accuracy, he could
include it. Sweeney stated the amount would be approximately
$10,000. Moore stated the revenues were already short, he didn't
want to be overly optimistic.
Measles noted that revenues couldn't be estimated any closer than
$10,000. No direction given.
I-6. Public Works Director
Kornelis referred to Information Items 3 and 4 which was
information council requested regarding the fish tax and what the
City of Homer was doing, i.e. trying to change the allocation
from the point of processing to the point of landing. Kornelis
added, he did not think that would be good for the city.
Councilman Smalley asked if Mr. McCubbins called Kornelis in
regard to the welcome sign. Kornelis answered no. Smalley
added, McCubbins told him the sign was ready. He is waiting for
the ground to thaw. Smalley told him he needed to contact
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 22
Kornelis in order to schedule help from the city to place the
sign. He would ask McCubbins again to contact Kornelis.
I-7. Airport Manager
a. Rental Car spaces - Airport Manager Ernst reported he
talked with Budget Car Rental (as requested by council) to see if
she was interested in moving from her space down one space, or
stay in her present space and allow space for the Visitors
Center. Budget would prefer to stay in the present space. Ernst
added, he told her that at some other date she may be required to
move.
b. Airport Walls - Ernst reported there are three walls at
the airport that are covered with vinyl and it needs to be
replaced or covered. He would like to cover those areas with a
gray carpet, similar to the red carpet, used for contrast, now in
the airport. The walls include the north wall in the waiting
area, the south wall where the telephone bank is situated, and -
the short small wall where the Kangas booking agency will be.
Ernst added, they tried painting the walls, but it didn't turn
out very good and the vinyl couldn't be removed without doing
extensive damage. Removing the vinyl could entail re -sheet
rocking. The carpet can be placed over the vinyl and would meet
or exceed the fire code. The approximate cost would be $2,300
and he had that money in his budget.
There were no objections to cover the three walls with carpet.
C. ARFF Promotions - Ernst reported he and Chief Burnett
would travel to Washington, DC and meet with the congressional
delegation on April 30 and FAA, bringing them up to date with the
progress of the ARFF proposal. They will be taking the video
presented at the beginning of the meeting and other information.
They will be traveling with the Vice President of Symtron. They
will be attending a dinner which is given for the fire fighting
community at which legislators will be attending. They will
return on May 1. Beginning May 5 they will begin the in -state
traveling in regard to the ARFF.
ITEM Js DISCUSSION
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 23
J-1. citizens
Bob Peters - Mr. Peters asked if he understood that council
had abandoned closing Kenai Avenue altogether. Measles stated
council had taken a first step in passing an ordinance to not
allow parking on Kenai Avenue. It is unknown at this time if
they will close the road altogether.
Moore asked if the city always had the option of closing the
road. Bookey stated he thought so, however the private property
along there should be considered. Peters suggested they could
contact the gate keeper to get to their property. Peters added,
he did not think closing the road to parking would protect the
dunes, as people would still walk over them to get to the loading
area. Bookey stated there was still the proposed building of
boardwalks with grant monies from the Exxon Valdez settlement.
Kornelis stated it looked positive for funding to be given to the
city for boardwalks, however he did not think the funding would
come this year before the fishing season. Perhaps after the
fishing season.
Kornelis added, they would be placing logs or concrete pilings
along the road to prevent people from walking over the dunes. At
this time they have huge logs on the beach that will be moved and
placed alongside the road until other things can be done. There
are only a few small areas for parking. A lot of signs would
have to be placed giving instructions regarding parking, no
parking, loading and unloading. An area would have to be made
for loading and unloading between the dunes. It would be well
marked.
Moore stated he would like to have administration bring an
ordinance to the next meeting to assist the south side river as
well as the north side of the river for dune protection. Moore
added, he was not sure if there was an ordinance on the books
already, but it was suggested to him that council should consider
prohibiting parking or vehicular traffic above the mean high tide
line within the city limits of the City of Kenai in the areas
where there are dunes. It would help the south side parking
problem and private property owners' concerns. Moore added, it
could also help to limit the camping there because of the tides.
Councilman Bannock stated he did not agree with that and Smalley
stated he didn't necessarily disagree, but thought it was
premature. He added, he thought at the last meeting when council
discussed the matter with the resident, that administration would
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 24
investigate avenues of use over there but didn't know if anyone
was working on the problem. Smalley stated he agreed, it is a
problem.
Swarner suggested a better way would have administration come
back with what their plan is as far as the last discussion was.
Moore reported Mr. Perrizo has had his attorney contact City
Attorney Graves and is very serious about something being done on
the north side (to protect the dunes) and not on the south side.
Smalley stated he would support Swarner's suggestion directing
administration to bring a plan to the next council meeting.
Bannock stated he saw a difference in that council was addressing
a road on the north side. Mr. Perrizo's problem is a limited
problem for which council suggested an alternative. Whether the
alternative works needs to be seen. However, because of any
action taken on the south side, the only vehicles on the south
side are four-wheel drives because fishing is better over there.
The people that will not be allowed to park on the north side
will not be able to park on the south side either. He added, he
didn't think any action taken to address concerns on the north
side of the river would have any immediate impact on the south
side of the river.
Swarner stated she disagreed.
like to see a plan of action.
J-2. Council
Bookey - No report.
Swarner added, she would still
swarner -
a. Vacant Airport signs - Swarner asked Ernst if there were
vacant signs at the airport and if so, were they notified that
there were vacant sign spaces. Ernst answered yes, and added
people have paid for signs and not put them up. Nothing
precludes them from doing this. In the future, there would be a
clause in the rental contract that would state the sign must be
in place within 50 days.
Swarner asked if the Terrie's Restaurant sign was still up.
Ernst answered yes and it has been paid for by the people who
lease the bar. The Terrie's sign was one of the signs council
allowed to have placed. It is paid for but not accurate.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 25
Swarner stated she was concerned that people want signs but there
are no signs available. Ernst stated that hopefully the RFP for
advertising will be advertised by May 1 and the name of the
company that will be doing the airport advertising will be
decided shortly after. The sign contracts run out on June 30.
b. Bernie Huss Trail Sign - Swarner brought to
McGillivray's attention that the sign on the Bernie Huss Trail
needed to be repaired. McGillivray stated the sign was repaired
twice last summer.
C. Water/Sewer Deposit Concern - Swarner stated that one
of her neighbors built a new house and were without water and
sewer services for several months. When they went to city hall
to apply for water/sewer service, they were told what the monthly
rate was, but not that there was a deposit. They since have
received a letter stating there was a deposit due.
Swarner stated she was concerned the person was not told there
was a deposit when they signed up and of customer service from
the city departments (not only in the Finance Department, but
thought customer service was lacking in all the departments,
however sometimes service was really great). Swarner added, this
person had been a resident for a very long time and was current
with his water/sewer bills for approximately ten years. She
stated she had a problem with asking for a deposit after the
person had been current for a long time. It wasn't her
neighbor's fault the house was not completed until eight months
later. Swarner asked how the other councilmembers felt about the
matter.
Vice Mayor Measles asked Sweeney what the policy was. Sweeney
stated he took personal responsibility for customer service in
his department. The responsibility was on his shoulders and he
would review the matter and see how his department could do
better.
The mistake was brought to his attention and before he made any
decision about the customer's situation, he asked what the policy
was and thought it did make sense that if there was a customer
who had paid bills and was a customer in good standing, the
customer shouldn't be required to pay a deposit again unless the
situation changed. Certainly, if someone left the City of Kenai
and moved back years later it would be different.
The issue to him was to decide what would be an appropriate
period of time for a break in payments for a customer for a good-
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 26
standing situation. He thought that in most cases this would
happen with someone who is building a new house. They would
probably sell their old house and move into temporary housing and
when the new house was completed, they would move back in. He
thought it would take about six months for that to transpire.
Without looking at what the specifics were in this situation, he
changed the policy to say that anyone who was in good stead, left
and then re -instituted their service within six months would not
have to pay a deposit. Outside of six months, they would have to
pay it. After he made this determination, he briefed the city
manager about the policy and he approved it as being the policy.
Sweeney added, he thought it seemed to be a good policy to him.
It was made in the abstract rather than based on the situation of
a specific customer. He thought that was the way the policy
should be made. If there was a problem, he would request
guidance from council as to a change.
Measles asked if council wished to change anything. There were
no comments from council. Measles added, to him, if the policy
applied the same to everybody, there was no problem. If
exceptions are made on individual bases, there would be problems.
Swarner stated her first concern was the person was not told they
had to pay another deposit when they first came in to re -apply
for service. That could be the error of the employee and if the
employee doesn't do it again and if there is a written policy to
hand out, then that is what is needed to be done. Sweeney stated
that was his responsibility and he would look at what could be
done to improve customer service.
d. Mobile Food Vendors Licenses - Swarner stated it had
been brought to her attention that there have been vendors in the
summer and asked if there were any that came in for the Fourth of
July festivities and softball tournaments. Freas explained there
were probably five or six licenses issued last year. Freas
reviewed the steps involved in getting a license for a mobile
food vendor and added, she does not drive around the city looking
for vendors who are without licenses. The Police Department has
notified some, whey they were aware of them, that licenses were
required.
Through the discussion it was noted that Councilwoman Swarner was
more interested in whether licenses should be or are issued to
sandwich stands on the Fourth of July. Acting City Manager
Porter stated that the Chamber sends out applications and the
vendor pays a small fee for booth space.
KENAI CITY COUNCIL MEETING MINUTES
APRIL 17, 1996
PAGE 27
Freas was requested to check with Attorney Graves as to whether
licenses are required for sandwich stands on a one -day basis
(like Fourth of July festivities).
e. Snow Removal Plan - Swarner asked Kornelis if there had
been a snow removal plan issued in response to council's request.
Kornelis answered there was one in the packet several meetings
prior which discussed use of snow gates only. Swarner stated it
was brought to her attention that it would help the businesses
along Frontage Road if the snow piles along the road could be
knocked down so that building addresses, etc. could have better
visibility. Kornelis stated that in some areas that would work.
Swarner requested it be done when it would work.
Moore - No report.
Bannock - No report.
Smalley - a. Street Cleaning - Smalley stated he was
pleased with the clean streets and to keep the good work up.
b. Burn Permits - Smalley also suggested the Fire
Department have some free advertisements done to remind people to
get burn permits before burning tree limbs, etc. Burnett stated
they would look into it.
c. Conflict of Interest Statements - Smalley requested
administration research what the purpose is for department heads
to have to file conflict of interest forms. He added, he didn't
think it was a state issue nor was it beneficial. Individuals
have been hired who have been informed, after the fact, that they
are required. The City should exercise care there.
Measles - Reminded council
scheduled for Monday, April 22,
the Visitors Center.
ITEM R:
of the volunteer reception
1996, from 6:00 to 8:00 p.m. at
The meeting adjourned at approximately 9:30 p.m.
Minutes transcribed and submitted by:
Carol L. Freas, City Clerk
9,/
MEMORANDUM
TO: Mayor Williams and City Council
THROUGH: Tom Manninen, City Manager
FROM: Keith Komelis, Public Works Directo 7
DATE: April 26, 1996
SUBJECT: Traffic Control - Beach Access - Kenai River Mouth
FOR: City Council meeting of May 1, 1996
I have researched and did some thinking about access to the north and south beaches
at the mouth of the Kenai River. Below are some of my thoughts. I look forward to
council suggestions on how to handle these access issues.
North Side - Kenai Avenue
1. 1 propose to line the water side of Kenai Avenue with large wood logs that the city will
drag up from the beach. The logs will be placed to prevent vehicles from driving up on
the dunes. They will be placed to encourage access to the beach between the dunes.
Space for pedestrian traffic will be left between the logs to direct traffic to the best access
places. Parking areas will also be lined with logs.
Future consideration will be given to the use of the concrete piling from Dragnet to line
the road. If we have vandalism problems, the concrete piles may work better. The wood
logs would be more natural and the city can place them. The concrete piling will require
a contractors help.
2. The small parking areas along Kenai Avenue will be marked 'Parking Between Signs
Only.' They will be lined with logs. There may be enough parking for 30 cars. There
will also be an area for loading and unloading only.
3. The city will build a culdesac or a loop or turn around at the end of Kenai Ave.
4. Kenai Avenue will have signs at Spruce Street South that will say:
a. No Parking Along Road, Violators Subject to Towing
b. Dead End Difficult Turn Around
C. No Motorhomes or Large Vehicles.
5. No Parking signs will be placed on the east side of Spruce Street South. This will
mean that parking will be allowed only on the west side of the street. Allowing parking
1
on both sides would make the street too narrow.
6. The small parking lot at the bottom of the hill off Spruce is being graveled and graded
for parking. Unfortunately we cannot expand it until we get the Corp Permit.
7. The city will submit a press release to the Kenai Peninsula Clarion and the Anchorage
Daily News about how the city is planning to handle traffic access to the beach. The city
may also want to place a paid advertisement.
South Side Off Cannery Looa
There is more than one access point to the beach on the south side of the river mouth.
All of the access points except for a section line easement are outside of the Kenai City
limits. The KPB told me the ROW easement plats south of the city limits have had
petitions to vacate the ROW that have not gone through. So there are places, at least
on paper, that provide access to the beach south of the city limits.
The Section Line Easement which is also the City Limits Line is dedicated and available
for access to the beach. The only way to close access is to vacate the section line
easement. A vacation of this section line easement was tried in 1991.
A. April 22, 1991.... Public Hearing Notice to Vacate Section Line Easement.
B. April 29, 1991.... DOT NOT in favor of vacating.
C. May 2, 1991..... Dept. of Fish & Game NOT in favor of vacating.
D. May 2, 1991..... City of Kenai approved granting vacation.
E. May 6, 1991..... KPB Planning approved of vacation.
F. June 4, 1991.....KPB Assembly approved of vacation.
Please note on page 11 of the KPB Planning Minutes (E - page 4) Mr. Troeger, KPB,
says that DOT and DNR have to sign approval of these plats.
Since DOT is not in favor of vacating this section line easement, the new plat to vacate
it was not approved.
KPB said that it was up to the petitioners to work with DOT and DNR to get their ok to
the easement vacation. Evidently, DOT did not change their minds.
Since it has been over one year, the KPB would require the petitioners to start over if
they wish to try again to vacate this section line easement.
Kenai Public Works would be happy to put up a sign on this section line easement. A sign
that says "Dead End, No Turn Around" might be appropriate. The State DOT maintains
this easement so they may take it down, but we certainly can try.
2
PENINSULA CLARION
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
Public notice is hereby given that a petition has been received to vacate a section
line easement. Area under consideration is described as follows:
A. t: Vacate the sixty-six foot section line easement
centered on line common to Sections
Recording and
District Alaska. Township
5 North, Range 11
West, Seward Meridian, Kenai Vacate that portion
of the easement starting approximately 30 feet westerly of the east edge of
Royal Street right-of-way running westerly to Cook Inlet. 3T easement within
Section 7 being also within Kenai City Umits. 3T easement within Section
18 being within Kenai Peninsula Borough.
B. pwi2oses as stated in petition: This section line easement is situated along
the municipal boundary m°n with the of Canneryity of Road sett iand s portion KenaiPeninsula
theold
Borough. The reconstructionrY
roadway alignment within jurisdictions makeis easement. ue oliceothe fact this road Is
responsib responsibility unclear.
situated In two separate j P
This ambiguity is causing harm to adjacent properties stemming from the
abandonment of vehicles, trespassing and lack of road maintenance..
C. palltioner(sl: Mary Eisen lsmelson and Frederick Duthweiler; both of Kenai,
Alaska.
Public tiearing will be held by the Kenai Peninsula Borough Planning Commission
on Monday, May 6, 1991, commencing at 7:30 p.m., or as soon thereafter as
business permits, to be held In the Borough Administration Building, Soldotna,
Alaska.
Anyone wishing to testify, may come to the above meeting to give testimony; or
may submit a written statement to the attentionRichard of 144Troeger or Robbie
N B nk ey Street
Harris, Kenai Peninsula Borough Planning Department,
Soldotna, Alaska 99669. Written testimony should be received by the Planning
Department no later than Wednesday, May 1, 1991.
For additional information contact Robbie Harri
Planning Department, 262-4441 (1-800-478-4441
Borough).
Robbie Harris
Platting officer
s
or Richard Troeger, Resource
toll free within Kenai Peninsula
PUBLISH 2X (April 22 & 29, 1991)
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APR-i9-9-1 nON 14:19
F. U?-
1A /
I WALT£R 1. HICKEL, GOVERNOR
;EOF lr,,, /
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ( 4171 AVIATION AVENUE
PA. BOX 196900
CENTRAL R£CION - DIVISION OF DESIGN AND CONSTRUCTION ANCHORACE, ALASKA 995194900
R/CHT OF 11:4Y BRANCH j ;FAX 248-94S6J ( 901) 266•/6?7
April 291 1991
Re: Section Line Easement
Vacation Proposal
T.5N, R.11 W,
Sections 7 & 18
Robbie Harris
Platting Officer
Kenai Peninsula Borough
144 N. Binkley Street
Soldotna, Alaska 99669
Dear Ms. Harris:
The State of Alaska, Department of Transportation and Public
Facilities has reviewed your vacation proposal of the above
described section line easement.
Our maintenance records indicate that Cannery Road is a state
maintained road which lies within the boundaries of this section
line easement. In addition this easement is used as public
access to Cook Inlet.
For these reasons, we are not in favor of vacating this section
line easement. If you have any questions, please contact Barbara
Martin at 266-1636.
Sincerely,
Daniel W. Beardsley, S /WA
Chief Right of Way Agent
Right of Way Branch
BM/maw
CAN-ROX' A
DEPARTMENT OF FISH AND GAME
May 2, 1991
Ms. Robbie Harris
Planning Department
Kenai Peninsula Borough
144 N. Binkley
Soldotna, AK 99669
Dear Ms. Harris:
WALTER J. HICKEL, GOVERNOR
333 RASPBERRY ROAD
W:NCHORAGE. ALASKA 99518-1599
ONE:190 i 1344-0541
Re: Section line easement vacation - Mary Ellen Israelson
and Frederick Duthweiler
The Alaska Department of Fish and Game (ADF&G)-has reviewed
your request for comments regarding the proposal to vacate
the sixty-six foot section line easement centered on the
line common to Sections 7 and 18, Township 5 North, Range 11
West, Seward Meridian. This easement provides for public
access to Cook Inlet. The ADF&G recommends that the
-requested vacation be denied, in order to maintain the
existing public access. This action is inconsistent with
the policies of the Kenai Peninsula Coastal Management
Program (6 AAC 80.060:4.4.A4), which states that "section
line easements and public right-of-ways which provide access
to public recreation areas or coastal waterbodies shall not
be vacated..."
Thank you for the opportunity to comment.
you have any questions.
Sincerely,
gd_M r, 0_4�al
Gay Muhlberg
Habitat Biologist
Region II
Habitat Division
cc: B. Brighton, City of Kenai
C. Frensdorf, KPB
J. Westlund, ADF&G
Please call me if
BICENTENNIAL
V44;1,ewaCd) tei; x0rdYFtU
May 2, 1991
Mr. Richard P. Troeger
Planning Director
Kenai Peninsula Borough
144 North Binkley street
Kenai, AK 99669
CITY OF KENAI
..a Capes 4 4&4o6a„
210 Fidalgo Avenue
Kenai, Alaska 99611
TII.EMONE 283-7535
FAX 907-20-3014
RE: Petition to Vacate a Section Line Easement
Secs. 7 and 18, TSN, Rim, S.M., Kenai Recording District,
Alaska/City of Kenai
MARY ELLEff ISRAELSON AND FREDERICK DO'!'BWEILER
Dear Mr. Troeger:
At their regularly scheduled meeting of May 2, 1991, the Kenai
City Council took action on the above -referenced petition to
vacate a section line easement.
The Council unanimously granted the petition to vacate the
section line easement.
If you have any .questions, please do not hesitate to contact the
City of Kenai.
Sincerely,
CITY of KENAI
'may
Carol L. Freas - • -�• ::,
City Clerk
clf
cc: Public Works Department
KENAI PENINSULA BOROUGH
144 N. BINKLEY STREET
SOLDOTNA, AK 99669
(907) 262-4441 Ire? 11 im ftwfu
NOTICE OF PLANNING COMMISSION ACTION
MEETING OF May 6, 1991
RE: Sections 7 and 8, T5N, R11W, S.M., Alaska, Section Line
Easement Vacation
Proposed Vacation was conditionally approved by the Kenai Peninsula
Borough Planning Commission. Conditions of approval are stated in
attached unapproved minutes.
Should you have any questions please feel free to contact the Kenai
Peninsula Borough Planning Department.
Notice and minutes sent May 6, 1991 to:
City of Kenai, 210 Fidalgo Street, Kenai, AK 99611
Survey Firm: McLane and Associations, P.O. Box 468, Soldotna, AK
99669
Subdivider/Petitioner: Mr. & Mrs. Frederick Duthweiler, 37675
Cannery Road, Kenai, AK 99611; Mary Ellen Israelson, P.O. Box 887,
Kenai, AK 99611
Other: Barbara Martin, Department of Transportation and Public
Facilities, P.O. Box 196900, Anchorage, AK 99519-6900
File: KPB File
is
AGENDA ITEM_F. PUBLIC HEARINGS
3. Petition to vacate 66' section line easement centered on line
common to sections 7 and 8, TSN, R11W, S.M., Alaska. Vacate
that portion of the easement starting approximately 30 feet
westerly of Royal Street right-of-way running westerly to Cook
Inlet. Section 7 being within Kenai City Limits. Section 18
being within Kenai Peninsula Borough.
Staff report as read by Dick Traeger: PC Meeting: 5-6-91
petitioner(s): Mary Ellen Israelson and Frederick Duthweiler; both
of Kenai, Alaska.
Purpose as stated in petition: This section line easement is
situated along the municipal boundary common with the City of Kenai
and Kenai Peninsula Borough. The reconstruction of Cannery Road
left a portion of the old roadway alignment within this easement.
Due to the fact this road is situated in two separate jurisdictions
make police responsibility unclear. This ambiguity is causing harm
to adjacent properties stemming from the abandonment of vehicles,
trespassing and lack of road maintenance.
Public Notice appeared in the April 22 and 29, 1991 issues of the
Peninsula Clarion.
Nineteen certified mailings were sent to owners of property within
300 feet; and to other interested parties. Eighteen of the
receipts have been returned. Alaska Department of Fish and Game
returned their mailing. The party to whom the mailinq was
addressed "Attn" of does not currently work there. Notice was
faxed to Alaska Fish and Game on May 1, 1991.
==Jpo Statement of non -objection from Homer Electric Association.
Statement of objection received from Alaska Department of Transpor-
tation and Public Facilities. Letter partially states "Our
maintenance records indicate that Cannery Road is a state main-
tained road which lies within the boundaries of this section line
easement. In addition this easement is used as public access to
Cook Inlet."
Alaska Department of Fish and Game has requested vacation be denied
because the easement provides access to Cook Inlet. This letter
improperly cited a section of the Borough Coastal Management
Program which was not in the final adopted document.
Findinvs of Fact
lO. Section Line easement provides access to public water and/or
public lands.
(D Roadway within section line easement has been constructed and
appears to be in use.
0There is legal access to the beach, approximately one-half
mile south, which is currently in use.
This is a popular beach to which access should not be elimi-
nated.
(4.) Section line easement, proposed for vacation, is currently
state maintained.
Staff cannot recommend vacating this easement.
STAFF RECOMMENDATIONS: For reasons stated in findings, disapprove
vacation of section line easement.
��. KPB PLANNING COMMISSION MEETING MAY 6. 1991 PAGE 9
S �'�
LWAPPRO YE�D MINE
IF VACATION IS DENIED, PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH
TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE
SUBMITTED TO BOROUGH CLERK IF PROPOSED VACATION IS WITHIN BOROUGH;
OR TO APPROPRIATE CITY CLERK IF PROPOSED VACATION IS WITHIN CITY
LIMITS.
In this instance, it would appear that two appeals would have be
filed; one to the City of Kenai for that portion that lies within
the City Limits; and one to the Borough for that portion that lies
within the Borough.
END OF STAFF REPORT
Mr. Traeger added he has received a letter from the City of Kenai
stating the Kenai City Council took action on this item at their
regularly scheduled meeting of May 2, 1991 and unanimously granted
the petition to vacate the section line easement.
Commissioner Bryson advised that the Kenai Planning and Zoning
Commission also acted on this item and approved the petition to
-10 vacate.
Chairman Hammelman opened the public hearing for comment.
1. Scott McLane. Surveyor. P.O. Box 468, Soldotna: Mr. McLane
stated that the City of Kenai has property to the north, within the
city limits, that alternative access could be provided and, there
is an alternative access one half mile to the south that is
currently in use and provides access for the general vicinity. He
added since Cannery Road has been re-routed the state no longer
maintains the portion of section line easement which is being
petitioned to vacate.
On the matter of maintenance, Mr. Troeger said he had his staff
person call and double check with the City, Borough Road
Maintenance Department and State Maintenance Department and, the
information received from the state was that they were maintaining
that road.
Commissioner Bryson asked if the second road that is referred to
that is further south is a dedicated roadway of some nature and
does it go all the way to public lands along the beach.
Mr. McLane responded that it is another right-of-way reservation on
a Govt lot, so it is not an official dedicated right-of-way and
does go all the way to the beach.
Commissioner Kyllonen asked how many other beach accesses there are
in close proximity to the petitioned vacation.
Mr. McLane answered there is one a half mile to the south and asked
Commissioner Bryson what comments the Kenai Planning and Zoning
Commission had.
Commissioner Bryson stated the majority of the Planning Commission
felt better access could be developed by the City if the City
wanted access.
2. Mary Ellen Israelson. Box 887. Kenai; Stated she is one of
the petitioners fnr this. vacation; her p±operty is located in the
Kenai City limits'and to the north of this easement. She said this
property is in a very high rent district, tax -wise, and it is
difficult to keep that area from being trashed -out; the road is a
very narrow road with no place to turn around. The only way people
can get onto the beach is by tearing down the natural sand dunes
when, a half a mile to the south, there is a big access with a big
turnaround. She stated if this section line easement is left as
is, they will be turning around on her lawn.
ULV-PPROVEO MINUTES
Ms. Israelson also expressed concern about in the event of an
emergency which law enforcement agency will respond and cited an
incident that occurred last year wherein a stolen vehicle was left
abandoned in this area, and because two tires were outside the city
limits, the Kenai City Police would not remove the vehicle and the
State Troopers also refused to impound the vehicle claiming it was
the City's responsibility.
Ms. Israelson said she was not so concerned about the local
residents using this access, but during the summer time it is a
haven for the transient cannery works. She said her biggest worry
is if there is a serious accident down there, who is going to
respond? Is she going to have to measure to see which side the
body is on before calling a public safety agency?
3. Mr Frederick Duthweiler, 37675 Cannery Road; Mr. Duthweiler
stated his property is located in the borough, just south of this
particular proposed easement vacation. Mr. Duthweiler expressed
his concerns about the trash left by those using the beach as well
as the transient workers in the summer time using this area as
their own private latrine. He also stated there was better access
to the south that would accommodate private passenger type vehicles
rather than four wheel drive rigs that are needed when using this
section line easement. He said it is not the local people who use
this access but transient workers.
4. Mrs Sue Duthweiler. 37675 Cannery Road; Ms. Duthweiler
reiterated the comments made previously and expressed her concern
that the natural sand dunes in this area be preserved as they are
an unusual habitat along the inlet.
Commissioner Kyllonen questioned the inconsistency between the
recommendations made by the Kenai Peninsula Borough to deny and
those made by the City of Kenai and the Kenai Planning and Zoning
Commission which were to approve.
Mr. Troeger explained that staff s recommendation was based on the
general policy not to recommend vacating section line easements
that appear to provide access and use of public water. He said if
it was completely down a bluff and completely unreasonable,
physically, staff would not have recommended denial, but because it
is feasible to walk down there, at least for pedestrian use and
because of the access to public water, staff recommended denial.
seeing and hearing no one else wishing to comment, Chairman
Hammelman closed the public hearing and opened it for discussion
among the commissioners.
Commissioner Gannaway asked what happens if the vacation is
approved, is a fence built across this access blocking it off?
Mr. Traeger explained that the land underneath the section line
easement belongs to both applicants on either side, landowners are
subject to that easement that provides the public with the right to
go over it, but they still own that land and are paying taxes on
that width. He said if the section line easement is vacated, the
public no longer has the right to use that land and, they could in
fact, block that portion off to the public; they still own it, but
now the public, if it is vacated, has no rights to the use of that
land.
fagencies,
Troeger continued saying that there are two departments within
State of Alaska that have to sign approval of these plats.
are the Department of Natural Resources and the Department of
sportation and Public Facilities. Anyone in those two
if they express a strong desire not to vacate, either one
those departments could stop the vacation even if all the
ugh agencies approved it.
FNAPPRO ED r" L�
WO'[
/ MOTION: CImmissioner Kyllonen, seconded by Commissioner Painter.1/ moved to arove the vacation of the section line easement as
petitioned.
VOTE: A roll call vote was taken with Commissioners Gannaway,
Kyllonen, Mumma, Painter and Hammelman voting yes. Commissioners
Bryson and Thorne voted no. The motion carried.
- KPH PLANNING COMMISSION MEETING MAY 6. 1991 PAGE 12
U�)''4PP'jI?O V�� WN LTA
A.
B.
C.
D.
E.
I i
FBOROUGI;3MINISTRATION BUILDING
DOTiQA, ALASICA
une 4, 1991
7:30 P.N.
ASSEEBLY'I�ETING CONTENTS — lI*TE3 !
�6
CALL TO ORDER
PLEDGE -OF ALLEGIZNCE e..�•�, �err�'
INVOCATION ;• . t''�
i
RpLL CALL
I •
VACANCY, DEBIGNATION OF SEATING OF !ASSEMBLY
NI:NSERB� .
i
APPROVAL Of MINMS
CpDslLITTEE REPORTS
R$P0RT8 OFIVOW(IB8IONS AND COUNCILS
AGENDA APPROVAL AND CONSENT AGENDA
t. Resolution 91-71: "Concept Approval of
the Pdrt Graham/English Bay Area!Meriting
Special Attention (AMSA) as an ;Addition
to the Kenai Peninsula Borough Coastal
,Management Program" (Mayor)
2. Resolution 91-73: "Providing for a
Proposition Authorizing the Acquisition
of a Nonareawide Power of the Borough to
Form :Special Assessment Distticts to
Allow! for- construction of Extdnsion of
Utility Lines" (xodgins, Little)
Resol tion-91-74: "Setting New Salary
Maximums for Certain Executive: and
Administrative Employees" (Mayor)
F_ 1
C
�
1
! I
1
1
1
's
1 � .
1 � .
l
2
ADOPTED
UNANIMOUS
12 j
CARRIED FORWARD.
I
12
CARRIED FORWARD
o '1
f
1 _LL
ILK owsw IMPUJSMI XF4 PU929 vd4r4WMa
*nM 7 C==C=4 Ann 7 AR.A-I1J - I. m_j
L. ORDINANCE HEARINGS, cont.
2. Ordinance 91-22: "Amending Chapter .22.40
of the Borough Code to Add a Provision'
for clarifying: Procedure's �: for;
Reconsideration . Of Assembly � A '+!' ' j!t
'(Pali j C. i �Onl
Procedures Committ")
CONSIDERATION OF RESOLUTIONS
1. Resolution
: 916A =- "Authorizing: the
Purcha3e.
Of Land From Leonard X.- Ballard
and Fern
E. Ballard for the Porpose or.
a
Establishing a Buffer Zone of Ptop4r-tiew
Around
the _Soldotna Landfill :Sitellk
(Mayor..)
2.. Resolution
91-67: "Authoriiinqthey
Purcha'se.
of Land From william, F. Allen
for the Purpose of Establishing 'a Bilf fer*
Zone of
Properties. Around the' joiclotna,
Landfill
Site,, (May
N. CONSIDERATMON'
op'v3kCATIOW OF RIGET -dir-wAy
•
1. .!.;Petition
to Vacate: m. E.- Isra*ls an and?
F. DUtpweiler of 'Kehai, Alaska
2
3.
0
1)AGE:NO./ACTTb
12
CARRIED FORW*
APPROVED
0 YES, 3' NOy
.1 ABSTENTIONi
Petition to Vacate: M. Nakada, H:. Na kada, 3
and X.? Nakada Of Homer, Alaska
APPROVED
UNANIMOUS
Petition to Vacate: R. E. Clut
tsfor'
3
Anchor; River Inn, Inc. of Homer„ i
Altska
APPROVED
UNANIMOUS
S0•d 1H101
• I
I
Kenai Peninsula Borough page;..
Regular Assembly Meeting Minutes
June: 40 1991
VA001111i !i
i. Petition to Vacate: M. E. Israelson and F! Duthweiler?of�
Kenai, Alaska (Agenda Item N,11)'
Assemblymember McLane noted ;a .conflict of interest andl
abstained from voting.
ASSEMBLYMEMBER GLICK MOVED FOR APPROVAL OF M PETITION i TO
VACATE
1
Chairman Brown reported that the Local Affairs/Lands Committee
unanimously voted "move to vacate."
President Skogstad called for public comment.
Sue Duthweiler. 37675 cannery -Road, Kenai, stated she and her
husband own the property south of the jeasement bung:
discussed. Ms. Duthweiler urged the Assembly approve the'
vacation and reported there isacceptabie public beach access;'
nearby with adequate public parking and; safe 'roads available.:
She also stated the City of Kenai hats agreed that a more:
appropriate access could and should be developed on city lands
north of this particular access.
Mart Ellen Israelson. Cannery Road. Kenai, tiie petitioner to
the north of the easement a•iso:•urged Assembly memberst. to
i
approve the vacation petition.. `
President Skogstad.',closed public comment.
Assemblymembers Walli and. Sewall spoke against the vacation)
petition.
Assembl_ymembers Brown and Superman spoke in' support of ;the
vacation petition.
TZE GLICK MOTION TO APPROVE THE PETITION TO VACATE PASSIZU BY -
A VOTE OF 30. YES, 3 NO, 1 ADST`EI4TION
YES: Anderson, Superman: Mcock„ Brown, Poindexter,
O'Connell,.Skogstad,; Glick, DeLacee, Hodgins
NO: Sewall, Keene, Walli
AB Lane - .
J.. ITEMS NOT COMPLETED F'ROIi PRIOR A6ENDA
I. Resolution 91-72: "Selecting !Reapportionment Olan.
` Options to be Prepared for .Assembly Consideration !anal
Submission to the Voters" (Skogstad)
ASSEMBLYMEMBER GLICK, MOVED TO ADOPT RESOLUTION 91-72
President Skogstad called for public commment.
8
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Suggested by: Administrat.Lw..
City of Kenai
ORDINANCE NO. 1691-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
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.
WHEREAS, the Personnel Ordinance, KMC 23.55.020(a) and
23.55.050, specifies that the tables establishing salary
structure by grade and hourly rates for part-time employees
may be replaced by ordinance; and
WHEREAS, due to inflation occurring over the last year and
other considerations, it appears equitable that the salary
structure by grade be increased by 2.7%, and that the hourly
rates for part-time employees (excluding job training
classes) be increased by 2.7%.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the attached tables identified as
"Salary Structure by Grade" and "Part -Time Hourly Rates"
replace those corresponding tables that presently appear in
the Personnel Ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
15th day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: May 1, 1996
Adopted: May 15, 1996
Effective: July 1, 1996
Approved by Finance:
(4/17/96)
kl
City Of Kenai
Fiscal Year 1997 Salary Structure
Range
A
B
C
D
E
F
AA
BB
CC
Grade
1
$15,202
$15,582
$15,962
$16,342
$16,722
$17,102
$17,482
$17,862
$18,242
2
$17,959
$18,408
$18,857
$19,306
$19,755
$20,204
$20,653
$21,102
$21,551
3
$25,151
$25,780
$26,409
$27,038
$27,667
$28,296
$28,925
$29,554
$30,183
4
$26,409
$27,069
$27,729
$28,389
$29,049
$29,709
$30,369
$31,029
$31,689
5
$27,731
$28,424
$29,117
$29,810
$30,503
$31,196
$31,889
$32,582
$33,275
6
$29,120
$29,848
$30,576
$31,304
$32,032
$32,760
$33,488
$34,216
$34,944
7
$30,581
$31,345
$32,109
$32,873
$33,637
$34,401
$35,165
$35,929
$36,693
8
$32,123
$32,926
$33,729
$34,532
$35,335
$36,138
$36,941
$37,744
$38,547
9
$33,715
$34,558
$35,401
$36,244
$37,087
$37,930
$38,773
$39,616
$40,459
10
$35,392
$36,277
$37,162
$38,047
$38,932
$39,817
$40,702
$41,587
$42,472
11
$37,158
$38,087
$39,016
$39,945
$40,874
$41,803
$42,732
$43,661
$44,590
12
$39,033
$40,009
$40,985
$41,961
$42,937
$43,913
$44,889
$45,865
$46,841
13
$40,958
$41,982
$43,006
$44,030
$45,054
$46,078
$47,102
$48,126
$49,150
14
$43,033
$44,109
$45,185
$46,261
$47,337
$48,413
$49,489
$50,565
$51,641
15
$45,186
$46,316
$47,446
$48,576
$49,706
$50,836
$51,966
$53,096
$54,226
16
$47,423
$48,608
$49,793
$50,978
$52,163
$53,348
$54,533
$55,718
$56,903
17
$49,802
$51,047
$52,292
$53,537
$54,782
$56,027
$57,272
$58,517
$59,762
18
$52,293
$53,600
$54,907
$56,214
$57,521
$58,828
$60,135
$61,442
$62,749
19
$54,894
$56,266
$57,638
$59,010
$60,382
$61,754
$63,126
$64,498
$65,870
20
$57,664
$59,106
$60,548
$61,990
$63,432
$64,874
$66,316
$67,758
$69,200
21
$60,550
$62,064
$63,578
$65,092
$66,606
$68,120
$69,634
$71,148
$72,662
22
$63,540
$65,129
$66,718
$68,307
$69,896
$71,485
$73,074
$74,663
$76,252
23
$66,727
$68,395
$70,063
$71,731
$73,399
$75,067
$76,735
$78,403
$80,071
24
$70,153
$71,907
$73,661
$75,415
$77,169
$78,923
$80,677
$82,431
$84,185
Part Time Hourly Rates
PT-1
$6.41
PT-2
$6.86
PT-3
$7.29
PT-4
$7.76
PT-5
$8.17
PT-6
$8.65
PT-7
$9.08
PT-8
$10.61
PT-9
$12.02
JT-4 $5.97
q'�
Suggested by: Adminis..-----..
City of Kenai
ORDINANCE NO. 1692-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
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.
WHEREAS, KMC 23.50.010 establishes an employee classification
plan; and
WHEREAS, an organization -wide classification study was
conducted in 1995 which resulted in recommendations that
several employee positions be upgraded and/or have their
titles changed; and
WHEREAS, the recommended changes have been budgeted for in
FY97 and would make the employee classification contained in
KMC 23.50.010 invalid.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that Section 23.50.010 of the Kenai Municipal
Code is amended as shown in the attached Exhibit A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th
day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
Approved by Finance:
(4/17/96) kl
May 1, 1996
May 15, 1996
July 1, 1996
Exhibit A
Ordinance No. 1692-96
Section:
23.50.010
23.50.010
Chapter 23.50
CLASSIFICATION PLAN
Employee Classification.
Employee Classification: City employees shall be classified by
Class, Title, and Pay Range as follows:
CLASS CODE
CLASS TITLE
RANGE
(a) SUPERVISORY AND PROFESSIONAL
101
City Manager
NG
102
City Attorney
NG
103
City Clerk
NG
104
Finance Director*
24
105
Public Works Director*
24
106
Police Chief*
22
107
Fire Chief*
22
108
Senior Accountant
19
109
City Engineer
19
110
Code Enforcement Officer
17
ill
Airport Manager*
17
112
Land Manager
17
113
Deputy City Attorney
16
114
Dock Manager
13
115
Personnel Officer
16
(b) ADMINISTRATIVE SUPPORT
201
Department Assistant I
3
202
Department Assistant II
7
203
Administrative Assistant I
8
204
Accounting Technician I
10
205
Accounting Technician II
11
206
Accountant
16
207
Legal Secretary I
9
208
Legal Secretary II
11
209
Legal Assistant
15
210
Administrative Assistant H
9
211
Administrative Assistant III
12
212
Department Aide
1
213
Parks & Recreation Administrative Assistant
[6] 10
214
Airport Operations Specialist
11
215
Library Assistant II
6
(c) PUBLIC SAFETY
301
Assistant Fire Chief
18
302
Fire Fighter
13
303
Police Lieutenant
18
304
Police Sergeant
16
305
Police Officer
14
306
Dispatcher
[8] 9
307
Fire Engineer
15
308
Correctional Officer I
11
309
Correctional Officer II
12
310
Correctional Officer III
14
311
Fire Captain
16
312
Fire Marshall
17
313
Communications Supervisor
[11] 12
314
Police Trainee
13
315
Battalion Chief
17
(d) PUBLIC WORKS
401
Building [INSPECTOR] Official
15
402
Shop Foreman
16
403
Street and Airport Foreman
15
404
Sewer Treatment Plant Operator I
13
405
Water & Sewer Operator I
12
406
Mechanic Helper
12
407
Equipment Operator I**
11
408
Mechanic
14
409
Street and Airport Lead Man
12
410
Water & Sewer Foreman
13
411
Chief Animal Control Officer
[10] 11
412
[MAINTENANCE WORKER] Building
Maintenance Technician
413
Sewer Treatment Plant Operator II
14
414
Sewer Treatment Plant Operator III
15
415
Assistant Animal Control Officer
[7] 9
416
Engineering / Safety Technician
[9] 12
[10] 11
** Duties include any activities directed for maintenance of City properties in addition to
equipment operation.
(e) SOCIAL SERVICES
501 Librarian* 17
502 Senior Citizen Program Director* 17
503 Parks & Recreation Director* 17
*Department Directors
Suggested by: City Clerk
CITY OF KENAI
ORDINANCE NO. 1693-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
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.
WHEREAS, Ordinance No. 1675-96 amended Kenai Municipal Code personnel
regulations to allow acting positions to be compensated at a higher pay range when the
person whose position is temporarily filled is absent for five (5) working days or more;
and,
WHEREAS, Ordinance No. 1675-96 did not include KMC 1.25.030(c) which directs that
a Deputy City Clerk or a Temporary Deputy City Clerk be compensated at the same
salary rate as the City Clerk when the City Clerk is absent for a period of ten (10)
working days or more; and,
WHEREAS, KMC 1.25.030(c) needs to be amended to prevent conflict with Ordinance
No. 1675-96.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that KMC 1.25.030(c) be amended as follows:
1.25.030 Substitute: (a) In the event of a vacancy of the office of City Clerk, or
in the event the City Clerk is not available to perform the duties of the office because of
illness or other incapacity, being out of town on official business, being on annual leave,
or being unavailable for any other reason, there is hereby appointed to perform all the
duties of the City Clerk during such vacancy, absence, incapacity, or unavailability, a
Deputy City Clerk who shall be that employee of the City who shall be designated, and
may be from time to time modified, by resolution of the City Council as the person who
shall have the duty of Deputy City Clerk.
(b) In the event the City Clerk and the holder of the office designated by Council
as Deputy City Clerk are simultaneously unavailable for such duties as set forth above, a
Temporary Deputy City Clerk is hereby authorized as follows:
(1) The appointment of a City employee as Temporary Deputy City Clerk
may be made by the Clerk after consultation with the City Manager, but if the
Clerk is not available or able to make such appointment, then the appointment
will be made by the Mayor after consultation with the City Manager;
Ordinance No. 1693-96
Page 2
(2) The employee appointed as Temporary Deputy City Clerk shall serve
as such until the return to duty of the City Clerk, the return to duty of the Deputy
City Clerk, or until the appointment of some other person to that position by the
City Council, which ever first occurs;
(3) The appointment of a Temporary Deputy City Clerk shall be made in
writing and shall be posted on the City Administration bulletin board with copies
to all Councilmembers, Department Heads, and Chairmen of Commissions, and a
copy thereof shall be placed in the personnel file of the employee so appointed.
(c) When any period of service as City Clerk by a Deputy City Clerk or a
Temporary Deputy City Clerk shall be [TEN (10)] five 5 working days or more in
length, the person so serving shall be paid at the same salary as the City Clerk during
such period.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
May, 1996.
ATTEST:
Carol L. Freas, City Clerk
John J. Williams, Mayor
First Reading: May 1, 1996
Second Reading: May 15, 1996
Effective Date: June 15, 1996
4-G
Suggested by: Administru..Lw,,
City of Kenai
ORDINANCE NO. 1694-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000
IN THE GENERAL FUND FOR COMPLETION OF THE CHALLENGER
LEARNING CENTER FEASIBILITY STUDY.
WHEREAS, the Alaska Aerospace Development Corporation has
donated $5,000 to the City of Kenai to assist in the
completion of the Challenger Learning Center Feasibility
Study; and
WHEREAS, the Council desires to use this money to pay K.
Scott & Associates for further study of the feasibility of
the Challenger Learning Center.
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 Donations $5,000
Increase Appropriations:
Legislative - Professional Services $5,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
15th day of May, 1996.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: May 1, 1996
Adopted: May 15, 1996
Effective: May 15, 1996
Approved by Finance:
(4/23/96) kl
Suggested by: City Cot
City of Kenai
ORDINANCE NO. 1695-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
SUSPENDING THE PROVISIONS OF CHAPTER 7.12 OF THE KENAI
MUNICIPAL CODE BEGINNING JUNE 15, 1996.
WHEREAS, on January 1, 1993, the City of Kenai enacted a
hotel/motel bed tax of 5%, KMC 7.12.
�f-7
WHEREAS, since its enactment, the hotel/motel operators within
the City of Kenai have asserted that the tax has seriously
harmed their business and made them uncompetitive with similar
businesses outside of the City of Kenai; and
WHEREAS, the Council of the City of Kenai wishes to suspend
the hotel/motel tax to better determine whether the tax is
causing economic harm to the City's hotel/motel business.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that Kenai Municipal Code 7.12.100 Suspension
of Hotel/Motel Tax is enacted as follows:
7.12.100 Suspension of the Hotel/Motel Tax:
(a) Effective June 15, 1996, the provisions and effect
of Chapter 7.12 (Hotel/Motel Room Tax) shall be suspended
until such time as Council by ordinance directs otherwise.
(b) Any taxes, penalties, interest, judgments, or other
charges or fees owing or accruing prior to June 15, 1996 are
not discharged or affected in any manner by the suspension of
Chapter 7.12 as set forth in subsection (a) above.
Additionally, any reports or returns due to be filed after
June 15, 1996 for the period prior to that date still must be
filed on the otherwise appropriate date.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th
day of June, 1996.
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance: {(�
(4/26/96) kl
JOHN J. WILLIAMS, MAYOR
Introduced:
Adopted:
Effective:
May 1, 1996
May 15, 1996
June 15, 1996
CITY OF KENAI -�
if C9d CC4.12.4WoJ Aaareu,
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
1III�1
i"2
MEMORANDUM
TO: Kenai City Council P1
THROUGH: Thomas J. Manninen, City Manager
FROM: Kim Howard, Administrative Assist-an
DATE: April 22, 1996
FOR: May 1, 1996 City Council Meeting
RE: Consent to Assignment for Security -
Lot 3, Block 4, Fidalgo Commercial Center
John and Karin Gensel lease the above referenced property from the
City for their business, Creative Child Care. They are requesting
a Consent to Assignment for Security.
The lessees are current in lease payments and property and sales
taxes. The City Attorney has reviewed the attached documents and
has no objection to the assignment.
Does the Kenai City Council approve of the Consent to Assignment
for security?
Attachments
cc: Lloyd Johnson, First National Bank
/kh
LEASESNSECASSIGN.MEM
�o
First National Bank
of Anchorage
April 18, 1996
City of Kenai
210 Fidalgo Ave Suite 200
Kenai AK 99611
Attn: Kim Howard
Re: John and Karen Gensel
Lot 3, Block 4 Fidalgo Commercial Center S/D
Creative Child Care
Dear Ms. Howard:
RECEIVED
CITY ADMIN. OF KENAI
Mr. and Mrs. Gensel have approached the bank for financing an addition to the subject
property. We are requesting the City of Kenai approve the Deed of Trust, Consent to
Assignmet for Security, and the Assignment of the Lease for Security Purposes.
Thank you for your consideration in this matter. If you have any questions, please feel
free to contact me.
Sincerely,
,,
Lloy koson-
First National Bank of Anchorage
Vice President & Kenai Branch Manager
11408 Kenai Spur Highway • Kenai, Alaska 99611-7799
CONSENT TO ASSIGNMENT
FOR SECURITY
City of Kenai Lessor in that certain
lease dated March io 1991 between City of Kenai
Lessor and
Tnhn P. and Karin L. Gensel Alba Creative Child Care LTD Lessee, hereby
consents to the assignment for security purposes of the right, title, and interest of the
Lessee in the above referenced agreements to The First National Bank of Anchorage as
assigned by that certain Deed of Trust dated
between
John P. and Karin L. Gnnann trustor
T al....L.. Title TnRuranre TnC trustee
and The First National Bank of Anchorage beneficiary.
Lessor hereby agrees not to terminate said lease or take any action to enforce any claim
with respect thereto without giving The First National Bank of Anchorage 60 days prior
written notice thereof and the right to cure such default within said period.
PROVIDED, that, if the Beneficiary should take possession of the property
pursuant to Provision No. B5 of said Deed of Trust, said Beneficiary shall keep and
perform all terms, conditions, covenants and provisions of said leases and, PROVIDED
further, that the Trustee's rights to sell the property pursuant to Provision B6 of said
Deed of Trust shall be construed to mean the right to sell only the leasehold interest in
the property, and, PROVIDED further, that the Lessor shall have the right to accept or
reject any purchaser of said leasehold interest.
Dated this day of , 19
STATE OF ALASKA )
) ss.
JUDICIAL DISTRICT)
appeared before me , the undersigned Notary Public in and for Alaska, on this
day of 19 , at
Alaska. I know to be
said that knew the contents of the foregoinig
instrument and acknolowledge the same to be act.
WiITNESS my hand and official seal.
Notary Public in and for Alaska
My Commission expires:
ASSIGNMENT OF LEASE FOR SECURITY PURPOSES
(Lessee's Interest)
John P. and Karin L. Gensel
hereinafter called 'Assignor', assigns and transfers to First National
Bank of Anchoraze
a national banking association, hereinafter called "Assignee", all of its right, title and interest under the lease
agreement dated March 10, 1993 -,between City of Kenai and
John P and Karin L. Gensel
as Lessor and Assignor as Lessee, which covers the following described real property situated in the
Kenai Recording District, Third Judicial District, State of Alaska:
Lot Three (3) Block Four (4) Fidalgo Commercial
Center Subdivision
This Assignment is executed as security for repayment of $ plus interest evidenced
by a promissory note in said amount of even date herewith executed by Assignor in favor of Assignee. As
further security, Assignor concurrently with execution of this Assignment has executed a deed of trust
covering the above described property, and hereby incorporates in this Assignment by reference all of the
default provisions provided in said deed of trust and authorizes Assignee in the event of default by Assignor
under the promissory note, deed of trust or this Assignment to foreclose the security covered thereby.
Assignor agrees to execute any further documents necessary or appropriate to effectuate the purposes of
this Assignment
DATED: , 19_
(CORPORATE SEAL)
STATE OF
) ss.
JUDICIAL DISTRICT)
ASSIGNOR: John P. and Karin L Gensel
BY:
THIS IS TO CERTIFY that on this day of 19_, before me, the
undersigned, a Notary Public in and for the State of duly
commissioned and swom, personally appeared
known to me and to me known to be the
of
the corporation which executed the within instrument, and he/she acknowledged to me that he/she
executed the same for and on behalf of said corporation, and that he/she is fully authorized by said
corporation so to do: and that the corporate seal affixed to said instrument is the corporate seal of said
corporation.
WITNESS my hand and official seal the day and year in this certificate first written above.
Notary Public in and for:
My Commission Expires:
Lclun MEV. Zan
Deed of Trust
-)eed of Trust, Made this
een John P. and
herein called TRUSTOR,
whose address is 130 East Reboudt Ave. Soldotna Alaska PW State of Alaska,
_ (NumOw Ana SW"
Transalaska Title Insurance Inc. an Alaskan corporation, herein called TRUSTEE, and
THE FIRST NATIONAL BANK OF ANCHORAGE, herein called BENEFICIARY,
Wltnesseth: That Trustor GRANTS, BARGAINS, SELLS, and CONVEYS to TRUSTEE IN TRUST WITH POWER OF SALE,
that property in the Kenai Recording district Third Judicial
District, State of Alaska, described as:
Karin L. Gensel
day of
Lot Three (3) Block Four (4)
Fidalgo Commercial Center Subdivision
Together with the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, the rents,
issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon
Beneficiary to collect and apply such rents, issues and profits. To have and to hold the same, with the appurtenances, unto
Trustee.
FOR THE PURPOSE OF SECURING: t. Performance of each agreement of Trustor herein contained. 2. Payment of the
indebtedness evidenced by one promissory note of even date herewith, made by John P. and Karin L Gensel
, in the Principal sum of
Dollars ($ N/A ), with interest thereon, with the balance of the indebtedness, if not sooner
paid, due and payable on N/A to Beneficiary or order.
A.To protect the security of this Deed of Trust, Trustor agrees:
t. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete o
restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyer
thereon and to pay when due all claims for labor performed and materials furnished therefor, to comply with all law,
affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste
thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize
fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the
specified enumerations herein not excluding the general.
2. To provide, maintain and deliver to Beneficiary insurance protecting against loss to said property by fire, and such othe
perils as Beneficiary may reasonably specify from time to time, satisfactory to and with loss payable to Beneficiary in a
amount not less than Full Insurable Value
Dollars ($ N/A$$$$$$$ ). The amount collected under any fire or other insurance policy ma
be appiied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or E
option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application c
release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to suc
notice.
Lawn 0— M)
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of
Beneficiary, or Trustee; and to pay all costs and expenses including cost of evidence of title and attorneys fees in a
reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by
Beneficiary to foreclose this Deed.
4. To pay: at least ten days before delinquency all taxes and assessments affecting said property; when due, all
incumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior
hereto; all costs fees and expenses of this Trust.
5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions
hereof, with interest from date of expenditure at the same rate as provided for In the note.
6. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation
hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the
security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and
defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;
pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgement of either appears to be
prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his
reasonable fees.
B. it is mutually agreed that:
t. Any award or damages in connection with any condemnation for public use of or injury to said property or any part
thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the
same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to
require prompt payment when due of all other sums so secured or to declare default for failure so to pay.
3. At any time or from time to time, without liability therefor and wlthout notice, upon written request of Beneficiary and
presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for
payment of the indebtedness secured hereby, Trustee may: reconvey all or any part of said property; consent to the
making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any
agreement subordinating the lien or charge hereof.
4. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this
Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall mconvey,
without warranty, the property then held hereunder. The recitals in any reconveyance executed under this Deed of Trust
of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be
described as 'the person or persons legally entitled thereto!
5. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the
continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior
to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,
to collect and retain such rents, issues and profits as they become due and payable. Upon any such default. Beneficiary
may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard
to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or
any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and
unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees
upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking
possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall
not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
6. Upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement
hereunder, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary.
Beneficiary may, as an alternative or in addition to other remedies provided by law, execute or cause the Trustee to
execute a written notice of such default and of his election to cause to be sold the herein described property to satisfy the
obligation hereof, and shall cause such notice to be recorded in the office of the recorder of each recording district
wherein said real property or some part thereof is situated.
Notice of sale having been given as then required by law and not less than the time then required by law having elapsed
after recordation of such notice of default, Trustee, without demand on Trustor, shall sell said property at the time and
place of sale fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may
determine, at public auction to the highest and best bidder for cash in lawful money of the United States, payable at time
of sale. Upon written request of Beneficiary, trustee may postpone sale of all or any portion of said property by public
announcement at such time and place of sale, and from time to time thereafter, upon written request of Beneficiary, may
postpone such sale by public announcement at the time foxed by the preceding postponement. Trustee shall deliver to
the purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The
recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including
Trustor, Trustee, or Beneficiary, as hereunder defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable
counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under
the terms hereof, not then repaid with accrued interest at the same rate as provided for in the note; ail other sums then
secured hereby; and the remainder, 9 any, to the person or persons legally entitled thereto.
7. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees,
administrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner, including
pledgee, of the note secured hereby, whether or not named as a beneficiary herein, or, if the note has been pledged,
the pledgee thereof. In this Deed, whenever the context so requires, the masculine gender includes the feminine
and/or neuter, and the singular number includes the plural.
8. Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any
action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
9. Beneficiary may, from time to time, as provided by statute, appoint another Trustee in place and stead of Trustee
herein named, and thereupon, the Trustee herein named shall be discharged and Trustee so appointed shall be
substituted as Trustee hereunder with the same effect as if originally named Trustee herein.
10. If two or more persons be designated as Trustee herein, any, or all, powers granted herein to trustee may be
exercised by any of such persons, if the other person or persons is unable, for any reason, to act, and any recital of
such Inability in any instrument executed by any of such persons shall be conclusive against Trustor, his heirs and
assigns.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to
him at his address hereinbefore set forth.
Signature of Trustor
Individual Acknowledgment
UNITED STATES OF AMERICA )
) ss:
STATE OF ALASKA )
appeared before me on the
day of . 19
at Alaska. I know
to be the person(s) described
in and who executed the above instrument.
said that knew the
zontents thereof and acknowledged the same to be
act
Corporate Acknowledgment
State of Alaska,
District ss:
Judicial
On this day of , 19
before me, the undersigned, a Notary Public in and for the
State of Alaska, personally appeared
to me known and known to me to be
Of
a
corporation named as Trustor in the foregoing deed, and
acknowledged to me that he executed the same
on behalf of said corporation freely and voluntarily for
the uses and purposes therein mentioned.
Witness my hand and official seal the day and year in this
certificate first above written.
My Commission expires:
Notary Public for Alaska
commission
Notary Public for Alaska
Recording Data
Return for:
Address:
Deed of Trust
Trustor
Trustee
Beneficiary
Dated . t 9
LC21075 at- sm)
CITY OF KENA
,q
It Gil y4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
ah
,IIIII
i":
MEMORANDUM
To: Kenai City Council
Through: Thomas J. Manninen, City Manager
From: Kim Howard, Administrative Assistant 4'
Date: April 25, 1996
For. May 1, 1996 Meeting
RE: Application for Lease -
Lot 4, Block 5, Cook Inlet Industrial Air Park & Adjacent ROW
Attached is a lease application submitted by Robert C. Jackson, d/b/a Jackson's Sales and
Service for the above referenced property. Also attached is a map depicting the lot.
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 reviewed and
approved by the Federal Aviation Administration (FAA).
The applicant began leasing the property in 1985. His current lease will expire June 30,
1996. The applicant intends to continue to use the property 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 Robert C. Jackson? If so, an appraisal will be
ordered for FAA approval.
Attachment
A
cc: Robert C. Jackson, d/b/a Jackson's Sales & Service
CITY OF KENAI
P.O. BOX 580 - KENAI, ALASKA - PHONE 283-7535
LEASE APPLICATION
Name of Applicant Robert C . Jackson
FOR CITY USE ONLY
Date Received
TiW as rogation
:oature -title)
Address Po. Box 618 Kenai, Alaska 99611
Business Name and Address Jacksons Sales And Se-ryi 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-T-T_A_P_ and R_n_td_
Desired Length of Lease 5 years
Property to be used for Imoound and Storageyarr7
Description of Developments (type, construction, size, etc.)
none at this time
Attach development plan to scale (1" = 50'), showing all buildings
planned.
Time Schedule for Proposed Development:
Beginning Date N.A.
Proposed Completion Date
Estimated Value of Construction $
Date : 3-14-1996
Date:
0
Signed:
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. Landscaping 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)
8. 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
*This does not have to be drawn by an architect or engineer.
2
BUILDING INFORMATION
On this sheet submit a drawing of building planned, drawn to scale.
Scale: 1ft.
r
Construction Materials (wood frame, steel building, etc.)
THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE
v
Note:, f alprepared drawing is submitted, attach to this
application and disregard this page, filling in construction materials
only.
3
Description of Propertyt
CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Annual rent rate or cost
Z o n e d f o r
Permits required
—e--
Assessments
Insurance required
Construction must begin by ,tj
Completion date for major construction /0 /'I --
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
Planning C mmission Approval:
By; '��/���G� Date of Approval
Chairman
City Council Approval:
By: , Date of Approval
City Clerk
MEMORANDUM
To: The Kenai City Council
Through: Thomas J. Manninen, City Manage
Fr: Randy Ernst, Airport Manager
Date: April 25, 1996
Re: Airport Commission's Recommendation on Advertising Firm
for the Airport Terminal.
The City received two "Statements of Interest and Qualifications" for the
advertising concession at the airport terminal. The firms are Interspace
Airport Advertising (Allentown,PA) and Magnum Marketing (St. Marys, PA)
Airport Commissioners, Barbara Edwards and Ron Holloway were assigned
by the Airport Commission to help me evaluate the applicants to
determine the best qualified firm. Interspace Airport Advertising
furnished all the information requested in the solicitation. (Information
Form Exhibit "B") Magnum Marketing, on the other hand provided three of
the requested eight informational items.
Magnum's proposal is based on suppling a training and marketing
assistance plan to implement advertising rather than a hands on operation
where all aspects of advertising from design and construction of the new
displays to total marketing and administration of the concession.
I called six different airports in the "lower 48" for a background check of
Interspace. (Magnum did not supply any reference airports.)
The following are the questions asked:
1. What was the quality of the displays?
2. What kind of working relationship do you have with Interspace?
3. How did the advertisers respond to the new advertising program?
4. Did revenue projections meet expectations?
Airport contacted were:
1.
Tompkins County Airport
Ithaca, NY
2.
Bishop International Airport
Flint, MI
3.
Reading Regional Airport
Reading, PA
4.
Boise International Airport
Boise, ID
5.
Fresno Air Terminal
Fresno, CA
6.
Tucson International Airport
Tucson, AZ
All the responses were very positive. They found Interspace to be very
aggressive in obtaining advertising and following through with
maintenance and management of the concession. All said the design of the
displays were excellent and of good quality. The displays were custom
designed for each airport. Revenues exceeded expectations in all cases.
Interspace Airport Advertising is a DBE firm.
It is, therefore, the recommendation of the Airport Commission
that the City enter into a negotiated agreement with Interspace
Airport Advertising to market and manage all the advertising in
the airport terminal building.
City of Kenai
Kenai Municipal Airport
Statement of Interest and Qualifications
Please Provide:
1. Number of years of experience in Airport Advertising.
2. Ust at least four airports in which you currently do business.
3. Estimate proposed capital investment for the displays.
4. Estimate the percentage of gross revenue to be paid to the Airport.
5. Show your ability to meet estimates of financial commitment.
6. Include graphics illustrating display types to used in the Airport.
7. Present your "Disadvantaged Business Enterprise Plan". If certified,
please provide appropriate documentation.
8. Statement of how your firm markets and manages Airport Advertising
Programs.
CITY OF KENt � - //
11 Od eapdcd 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
MEMORANDUM
1"2
TO: Mayor and Councilmembers
FROM: Carol L. Freas, City Clerk
City of Kenai
DATE: April 23, 1996
RE: FINANCIAL DISCLOSURE & CONFLICT OF INTEREST
KMC 1.85.010
At the April 17, 1996 council meeting, you requested I investigate the origin of KMC
1.85.010 in regard to financial disclosure and conflict of interest requirements for council
candidates and municipal officers.
Attached is a copy of the original Ordinance No. 359-77 which established the financial
disclosure and conflict of interest requirements. I have also included the minutes of the
various meetings at which the ordinance was discussed for insight into the reasons for the
ordinance. The original form of the ordinance has not been amended since 1977.
cif
Enclosures
CITY OF KENAI
ORDINANCE NO. 359-77
AN ORDINANCE REQUIRING DISCLOSURE OF FINANCIAL AND BUSINESS INTERESTS
OF MUNICIPAL OFFICERS AND PROHIBITING ACTIVITIES DETERMINED TO BE IN
CONFLICT WITH MUNICIPAL INTERESTS.
WHEREAS, the Council of the City of Kenai finds that it is in the best interests of the
City that its municipal officers and candidates for municipal office not be subjected to the
financial disclosure legislation of the State and to such end have placed the question
on the ballot for the October 4, 1977 general election, and
WHEREAS, the Council finds that some form of financial disclosure by municipal
officers is desirable, particularly if requirements are tailored to meet the particular
needs of this community.
NOW, THEREFORE , BE IT ORDAINED by the Council of the City of Kenai, Alaska as
follows:
ARTICLE 16
FINANCIAL DISCLOSURE & CONFLICT OF INTEREST
Section I-60: Report of Financial and Business Interests
A. A candidate for elective municipal office shall file a statement under oath
with the City Clerk, at the time of filing a nominating petition and declaration of candidacy,
specifying his business interests and income sources.
B. Each municipal officer shall file a statement under oath with the City Clerk,
within thirty (30) days after appointment to office specifying his business interests and
income sources.
C . Each municipal officer shall file a similar statement of income sources and
business interests with the City Clerk not later than April 15 of each year that he holds office.
Section 1-61:
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 nondependent 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.
ORDINANCE 359-77, Page Two
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 nondependent children residing with the officer or candidate .
1. The source of all income of $1, 000.00 or more received as dividends
or interest;
2. The source of all other income over $5,000.00 including capital gains,
received during the preceding calendar year;
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
nature of the interest owned or held;
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 $5,000.00 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, partner-
ship, or corporation in which he or a member of his famfly, 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
or candidate or his spouse or children, or a combination of them, hold a controlling
interest; and
9. A description of each business or financial dealings, transactions or
arrangements 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.
Section 1-62: Modified Requirements for Professionals
Notwithstanding other provisions of this chapter, medical doctors, dentists,
psychologists, certified public accountants, and attorneys are not required to disclose,
as sources of income, the names of individual patients or cliimts who receive pro-
fessional services. Spouses of medical doctors, dentists, psychologists, certified
public accountants, and attorneys are not required to disclose, the names of their sPouses
individual patients or clients who receive professional service. This exemption shall
not apply to the identity of any corporation or other business entity having a contract
with the professional producing income of 55,000 or more for services to its members
or a defined group, nor to the identity of clients receiving services that do not fall
.,,;�t,;.. ♦t,., .,.,...i;.l.,t.,�c n,• nff;r•inl�c finlri of nrnfc+ccinnnl nvnl+Ptic(�.
ORDINANCE 359-77 , Page Three
Section 1-63: Records Public
All statements required to be filed by this chapter are public records.
Section 1-64:
Refusal or Failure to Disclose
A. If a candidate fails or refuses to file the statement required by Sections 1-60
of this Article, his filing shall be refused or, if previously accepted, shall be returned and
his name shall be withheld or removed from the filing records of candidates.
B . A person failing or refusing to comply with the requirements of this Chapter
shall forfeit his nomination and, shall not be seated or sworn to the office for which he
is a candidate.
C . A person who refuses or knowingly fails to make a required disclosure of
information as provided in this chapter or who files a statement containing false or mis-
leading information knowing it to be false or misleading shall be guilty of a misdemeanor
and upon conviction is punishable by a fine of not more than $300.
Section 1-65: Conflicts of Interest Prohibited
A. A municipal officer, appointed commission member or employee of the City
of Kenai may not solicit or receive money for advice or assistamce given in the course of
the officer's or employee's official duties for the City of Kenai_
B . A municipal officer, appointed commission member or employee of the City of
Kenai may not represent a client before the City Council for a fee.
C . A municipal officer, appointed commission member or employee of the City of
Kenai may not accept a gift, loan, gratuity or other valuable c®sideration , or a promise
of any of them, with the understanding or agreement, :expressed or implied, that the officer
will cast a vote or give an opinion, decision or judgment in a particular manner, in a
matter, question, cause or proceeding which then is or may by law come or be brought
before him, or with the understanding or agreement that the officer or employee will, in his
official capacity, act in a particular manner to produce or prevent a particular result.
D. No Council person may vote on any question in which he has a direct or indirect
pecuniary interest. Direct or indirect pecuniary interests sham be disclosed to the presiding
officer prior to a vote on the question and the presiding officer shall determine whether the
financial interest exists and whether the prohibition from voting is applicable. A decision
by the presiding officer may be overridden by a unanimous vote of the members present,
exclusive of the member presenting the possible conflict.
Section 1-66: Definitions - as used in the Chapter
A. "Municipal Officer" means the Mayor, the City Manager , Members of
Council, City Attorney, City Clerk and Department Heads.
ORDINANCE 359-77, Page Four
B . "Source of Income" means an employer or other person or entity paying
compensation, dividends or interest, directly or indirectly, for services, products or
investments. If the income being reported is derived from employment by a sole pro-
prietorship, partnership or corporation in which the reporting person, the spouse or
children, or a combination of them hold a controlling interest, that proprietorship,
partnership or corporation may be designated as the source of income without specifying
clients or customers if the business is one that is normally conducted. on a cash basis and
typically does not keep records or individual customers. In all other cases, the clients
or customers of the proprietorship, partnership or corporation shall be listed as sources
of income of the person whose income is being reported, the spouse, children or a
combination of them holding a controlling interest.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 5th day of
Oct. , 1977.
ATTEST:
_" z 1, Q�i�
Sue . Peter, City Clerk
VINCENT WREILLYR
FIRST READING: August 17, 1977 (Failed)
RECONSIDERATION: 9-7-21 (Tabled)
SECOND READING: 9-21-77 (Tabled) 10- 5-77
EFFECTIVE DATE: November 5, 1977
KF.NAI CITY COUNCIL, nVG1JLAR IM1771NO, AUCTY iT 3, 1977 rnQe 5
MOTION:
Councilmnn Morgan moved, seconded by Councilmnn Ambarinn, for introduction
of Ordinance 354-77, installation of s water line in the (leneral Aviation Apron
of the Kenai Municipal Airport and nmending such ordinance under Section 5
deleting "of the remainder" from 50% - Funded by Local Public works monies.. , ,"
and inserting "Of the Remainder: 50% - Funded by Local Public works monies, , , , ,"
Motion phased unnninounly by roll call vote,
G-3: Ordinance No, 355-77 - Providing for question to appear on boil
Financial/Campaign Disclosures
Mayor F,Ison read Ordinance 355-77 by title only, "An ordinance placing on
the ballot for the next General F,lection the question as to whether the municipal
officers of the City of Kenai should be exempt from the provision of the financial
disclosure statutes (AS 39,50) and from the provisions of the election campaign
fund disclosure statutes (AS 15,13) requiring reporting of contributions and _
expenditures for political campaign," l
Councilman Whelan stated he felt that under Section I the issue of municipal
officers and appointed officers should be two separate items and the City should
prepare an ordinance requiring that appointM officers of the City (City Manager
Finance Director, etc,) file financial disclosures,
MOTION:
Councilman Morgan moved, seconded by Councilwoman Glick, for introduction
of Ordinance 355-77, placing on the ballot of the next general election the question
of whether or not municipal officers of the City should be exempt from financial/
campaign disclosure requirements,
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, to amend the
ordinance to include in the body thu follow: "Whereas, the Council believes
that financial disclosure should be made pursuant to local regulation rather then
by the State regulation in order that the disclosure serve legidmate community,
purposes within the City of Kenai, and Whereas, it is the Couneil's intention to
pass a local ordinance regulating financial and campaign disclosures of municipal
officials of the City of Kenai,"
Amendment passed unanimously
AS AMENDED
Passed unanimously by roll call vote,
G-4: Ordinance No, 3W77 - Transferrintr funds for remodeling Airport Terminal
Mayor Elson read Ordinance No, 356-77 by tide only, "An ordinance of the Council
of the City of Kenai transferring funds for the purpose of remodeling the Airport
Terminal Building."
CITY MANAGER-S REPORT, Paqe Two ~� /
I believe that thin ordinance is Rolf -explanatory. Some major commercial
airlines have been using the airport for training and they are not now
^ certified for this airport and, therefore, I believe should contribute
to the operation and up -keep of the Airport. Currently, all training
or instructional flights are exempt from landing fees. I have asked
by my proposed amendment that only those authorized to serve the air
field by the CAB or the Alaska Transportation Commission be exempt from
landing fees.
8. Ordinance 359-77, the City's financial disclosure requirements.
I believe this will based on Kodiak ordinance and hopefully will meet the
City's requirements and will be able to have it adopted prior to the
referendum on the recession of application of State law relative to
1 Financial Disclosure.
9. This is the resolution requested by the Council to formally rescind
the dedication of certain lands as a future fire substation.
10. This is a in -part payment to Malone Surveying for their work on the
FAA complex south of the Spur Highway.
11. Resolution prepared for 1978,79, and 80 LRiT program and these are
my concepts and my estimates. The consideration I have here is that we
can use Local Roads & Trails programs with local monies to develop a
sizable project. I feel that Tinker Lane should be paved not only
because of the Jr. High School traffic but also because of the Oiler's
traffic and by properly forming an assessment district we can minimize
--% the cost to the individual property owners and provide an adequate facility.
The second program is the paving of Highland -- that again is an estimate
and it appears to me that this area is beginning to move on re -development
and that it would be desirable if we would complete some of the shorter
segments in that area to make the area more attractive than it is at this
moment.
12. A resolution as the Statement of Assurances required by the Federal
Revenue Sharing.
13. Resolution 77-104 authorizes submission of some five CEIP grant
applications. These are 1008 funded grants by the Federal Government
through the State. Considerable monies have been allocated by the State
for use in the CUP program. I know of no one who has formally submitted
an application for these funds. The actual distribution of funds is
currently in a "hold" status due to what they call a "G-2" process for
inter -state allocation formula which the Federal Government must approve.
There is a request by the State that we submit applications prior to the
first of September for the first fiscal year's allocation. The applications
I have submitted here essentially are in the priorities I feel are necessary
for the City. Number one is a topographical study which will be aerial
photographs and from that develop a contour map of the City and actually
more than that it will develop a drainage pattern, it will give us the
data we need for location for location of water and sewer lines and hopefully
be a major tool in the development of major land use concepts for the City
and identify some of the problems we have with River Bend Sand and Gravel.
k, The second item is a $125,000 for engineering money. This is preliminary
engineering money to design some additional streets for up -grading some
existing streets and push some new streets through. You will find the
list included in the application. The next item is monies for water and
KENAI CiTY COUNCIL - REGULAR MEETING
August 17. 1977 8:00 P.M. PaR� A
G. NEW BUSINESS
G-1: Bills to be Paid, 13111s to be Ratified
MOTION:
Mr. Wise advised that Administrntion was submitting for npproval all bills
exceeding $500.00. All are in order,
Councilman Sweet moved, seconded by Councilman Ambarinn, for approval
of bills to be paid and approval of those items listed for ratification.
Motion passed unanimously by roll call vote.
0-2: Ordinance No. 358-77, Amending the 1976 Kenai *tunicipal Airport
Regulations
MOTION:
QUESTION:
Mr. Wise advised that commercial operators are using the Airport for touch
and goes. Since these aircraft are not scheduled at the Airport or are, on
suspension. he felt the Pity should Amond the populations so that the. City
could extract some type of fee from the operators since then are utifisino
the Airport and contributing to the noise pollution. The current r'vulations
state that "This fee does not apply to landing for testing of aircraft or
training of personnel." The proposed amendment would still exempt
commercial operators of aircraft serving the Airport, but allow for a fee
to be charged to those who do not.
Councilman Sweet moved, seconded by Councilwoman Click, for introduction
of Ordinance No. 358-77, amending the 1976 Kenat *4unielpal Alrport
Regulations.
Councilman Ambarian asked if the FAA had been contacted in this regard.
Mr. Wise advised that they had not.
Motion passed unanimously by roll call vote.
O-3: Ordinance_ No. 359-77, Local Financial nfscloaure
Mayor P,lson read Ordinance *in, 359-77 by title only. "An ordinance
requiring disclosure of financial and husiness interests of municipal
officers and prohibiting Activities determined to be in mnfifet with municipal
Interests,"
Mayor Rlson asked for the City Attorney's comments in this regard .
i
City Attorney WfIliams stated that rouneilmsn Mhelan had impliM that
he wanted other public employees to disclose, This ordinance does not
provide for this, but can be included if the Council wishes to amend this
ordfnaece. There is nothing in the ordinance regarding campaign dis-
closure.
1 KENAI CiTY COUNCIL - REGULAR MF.FTING
August 17, 1977 8:00 P.M. Page 7
s
MCI TION:
^ Councilman Ambarinn moved, seconded by Councilwoman Glick, for
introduction of Ordinance No. 359-77, requiring disclosure of finaneial
And business interests of municipal officers and prohibiting activities
determined to be in conflict with municipal interests.
QUESTION:
C-4:
Councilman Sweet voiced opposition to Introduction of the ordinance since
It would keep professionals from running for office since they could not
disclose due to professional ethics. pity Attorney Williams advised that the
ordinance exempted professionals from listing names of individual clients.
Motion failed by roll call vote. vnting yes, Ambarfsn and P1son , vnting
no: Glick, Sweet, and Ackprly,
Resolution No. 77-102, Fstablishing Local Ronda and Traits for 1979
Mayor Elson read Resolution No. 77-102 by title only. "r resolution
of the Council of the City of Kenai. Alaska, establishing the local roads
8 trails program for 1978, 1979 and 1980,"
Mr. Wise advised that the State had requested the City's planned local
roads and trails program for 1978 - 1980. The 1978 program would include
the five roads listed in Resolution No, 77-100, the 1979 program would
be the paving of Tinker Lane and the 1980 program would be -the paving of
Highland Street, He further stated that the Council would not be bound by
this resolution, it was only requested by the State as a planning objective,
MOTION:
Councilman Sweet moved, seeondad by Councilwoman Click, for adoption
of Resolution No, 77-102, establishing the local roads and trails program
for 1970, 1979 and 1980,
Motion passed unanimously by roll call vote.
Cl-5: Resolution No, 77-103, Statement of Assurances/Generst Revenue l;haring
Mayor Elson read Resolution No, 77-103 by title only. "A resolution
authorizing the Cfty Manager to file a statement of Assursnces with the *Mee
of revenue sharing (federal) to qualffy the City of Venal for funding und«r
provisions of the fieneral Revenue Sharing Program for Fntitlement Period
Nine,"
Mr, wise recommended approval of the resolution.
J
Page 2
explain the proposed line item changes Lit the ordinanvn.
OLD BUSINESS
8. Ordinance No. 359-77
This ordinance relates to the disclosure ordinance which was
initially defeated upon introduction and tabled at the last
meeting.
L�-
9. Resolution No. 105-77
Action was deferred on this resolution. The resolution relates
to the release of foreclosed lands which were planned for a
fire sub -station in the Beaver Creek area. The attorney will
have the tax data as requested by the Council.
10. Resolution No. 113-77
This resolution relates to transfer of funds to provide for the
wiring in of the sign baking machine. The questions raised by
the Council at the last meeting related to the location (ie. the
Sewage Treatment Plant) rather than some other area. The safety
compatability of my response here is that the area used in the
sewage treatment plant is a storage area, which now contains the
generator and the power sources for plant. it has no basic
rti connection other than storage or possible use as a classroom area.
' It would not, to the best of my knowledge, be effected by any
planned expansion. The laboratory facilities and office facil-
ities would remain untouched. Any modification of the plant
would extend in other areas and other directions. Therefore, it
appears that this room, approximately 20' by 401, with the
generator and other supplies, is a very adequate space to put
in the sign baking machine. This is a table type machine on
legs. My estimate is that it is approximately 6' by 5' in
dimensions. It also provides us with the space for sign blanks
and the supplies which we would need, which are essentially
facings to match the signs we make. we actually purchase the
facings and blanks and put the two together and bake the facing
onto the sign.
11. Mutual Aid Agreement
A copy of the mutual aid agreement has been forwarded to you.
As I mentioned to you earlier, it has been reviewed by the
Attorney and Fire Chief and there are no objections to the
agreement. My comments are that, while it is a desireable effort
and worthwhile, it lacks the essential ingredient of interlocking
communications which would make it more effective.
i
REGULAR MEETING 9-21-77
PnPo- 7
Administration proposed that Mr. Eltel present a proposed lease. concept
n and upon review by the City, the City would have to come up with proper
platting of the area.
D . MINUTES
D-1: Minutes of the regular meeting of September 7, 1977
Councilwoman Glick requested that the minutes be corrected to reflect
that with regard to Ordinance 364-77, she would change her vote to
Indicate an abstention for reasons of possible personal conflict. There
was no objection.
Minutes were unanimously approved as corrected.
E. CORRESPONDENCE
E-1: Police Chief Ross submitted copies of letters sent to Rerts Rasdi-Cabs
commending them on the assistance of two drivers and cabs on two
different occasions in the helping of directing traffic after an accident.
E-2: Copy of letter to Mayor Lorraine Knight of Soldotna was also acknowledged
in which Police Chief Ross expressed his department's thanks for the Soldotna
oft Police Department's assistance in a recent drug investigation.
8-3: Letter of resignation - Sue Peter, City Clerk submitted a letter of
resignation to be effective October 31, 1977. Mayor Elson advised
that Council would take the matter up at the next regular meeting.
E-4: Senator Stevens's office advised by telepho^c that the P.DA Reservoir
grant had been approved. Two letters of cunfirmation should be fi►rtheoming
and these matters will be discussed during the special meeting Tuesday
evening.
P. OLB DUSINESS
F-l: Ordinance 359-77 - Disclosure of financial s business interests of
Municipal Officers
Mayor Elson read Ordinance 359-77 by title only. "An ordinance of the
Couwd of the City of Kenai requiring disclosure of financial and business
interests of municipal officers and prohibiting activities determined to be
in eontlict with municipal interests."
1 Councilman Whelan stated that the reason he requested this ordinance
be prepared as he felt very strongly there should some form of financial
y disclosure without hindering the "code of ethics" of many individuals who
would wish to run for public office. Councilman Whelan stated he also
felt that the City Manager, City Attorney and City Clerk, as people running
the day -today operation of the City, should be required to disclose their
finances .
FA
RPGULAr, MFFTINO. 9-21-77
PnRe R
MOTION:
Councilwoman !dick moved, neconded by Councilmnn Ackerly, for
reconsideration of Ordinance 359-77, disclosure of financial and bunincnn
interests of munialpnl officers.
Motion passed unanimously.
MOTION:
Councilman Whelan moved, seconded by Councilwoman nitak. for introduction
of Ordinance 359-77, disclosure of financial and buninens interentn of
4 municipal officers with the following amendments:
t
Rection 1-66: "Municipal Officer" nhnll mean thn Mayor, City Plmnager, City Clerk
City Attorney, and Department iteads.
MOTION:
Councilman Aekorly moved, n000nded by Councilmen Whelan, to nmand
the motion under Section 1-62 to include that spouses of those professional
portion no named will not be required to disclose names of patients, clients,
etc, of their reapoetive spouses,
f
Motion passed unanimously by roll call vote,
MAIN, AS AMENDED
Passed unanimously by roll call vote,
P-2; Resolution 77-105Reseinding Resolution 76-35, Hoover Creek Alaska R/D
Mayor Rlson read Resolution 77-105 by title only, "A resolution of the Council
of the City of Kensi rescinding Resolution 76-35 which sot said* 1,ot 3,
Block H, Heaver Creek Alaska Rubdivinion for immediate public use,"
City Attorney Williams advised that the owners of record have requested
redemption of thin parcel and would pay delinquent taxes, etc, which
would amount to $500-600,
MOTION s
Councilman Whelan moved, seconded by Councilwoman (11ick, for adoption
of Resolution 77-105, Rescinding Resolution 76-35, HMver Creek Alaska R/D.
Motion failed by roll call vote, Voting not Amberian, Ackerly, Olick and F.lson,
Voting yast Whelan,
F-2: Resolution 77-1IS Transfer of Moni*a/Re-wiring for !lien 8akine Machine
Mayor Rlaon read Resolution 77-113, "Roo it resolved by the Councii of thin
City of Kenai that the following transfer of monies be made within the 1077-71
General Ftmd Budget, From; Public Works - Rhop/Repair i Maintenance
Supplies (f660) To: Public Works - Rhop/Repair & Maintenance - 0860.
The purpose of this resolution in to transfer funds within the 1977-76 chop
Budget to pay for re -wiring in order to utillre the sign baking machine,
V
k
CITY MANAGER'S REPORT 026
(October 5, 1977)
1. Ordinance No. 354-77
This ordinance is relative to the General Aviation Apron waterline
and is scheduled for public hearing, as it was tabled at the last
meeting. I am under the impression that at least part of the
objections will be waived, enabling the City to proceed on approving
the assessment ordinance. 1 will make contact with both parties
to assure that we are aware of what to expect.
2. Ordinance No. 359-77
This ordinance is the disclosure ordinance which is scheduled for
public hearing.
3. Ordinance No. 358-77
This ordinance is the amendment to the Airport Regulations and has
been tabled due to no response from the FAA as to the concept. This
ordinance specifically relates to situations where Wien was flying
into the Airport on training for touch and goes and would require them
to pay appropriate landing tees.
4. persons Scheduled to Be Heard
Polar has asked to be scheduled under this item. Their letter for
revision of their lease application is included in your packet for
Council discussion and possible action.
S. Confirming Actions Required
We have several confirming actions required. The first is consent
j to assignment of lease from Ferguson to Cason for the oast one-half
of Lot 2, Block 1, Gusty Subdivision. The second is a transfer within
the terminal fund for remodeling carpentry work. The third is
Change Order No. 10-IN, which provides for the external standby power
connections so that we can guarantee that the well remain in operation
during a power outage. The fourth is a transfer within the terminal
fund to provide funds for removal of the defective light pole we had
in front of the terminal, which has been determined to bo in a dangerous
condition.
6. Award of Bids PL2! Arch and Culverts
This resolution is for award of bid for pipe arch and culverts. we
need to award the bid so that we may put the pipe ar;h in before
freeze-up.
7. Resolution No. 77-127
This is a transfer resolution to provide additional funds so that we
award the following contract on the street light bid. The sum is
substantial= however, we are in a situation where the State, at our
request put in the street lights. when they were found to be faulty
a
71
.9iy; jfl�'r
OCTOBER 5, 1977
Pnge 3
B-2: Ordinance 358-77 - Amending the 1976 Kenai Municipal Airport Ra-gulntiona
Mayor O'Reilly rend Ordinance 350-77 by title only, "An orelinenep of the
Council of the City of Kenai, Alanka emending the 1976 Kenai Municipal
Airport ReQulations."
Mr, Wise advised that he had received verbal npproval from the AAA and
the FAA did state that a letter would be forthcoming, Mr. Wine further
reported that the ordinance would affect commercial aircraft using the Kftnai
Airport for a training area and would be required to pay landing fees on
take -off weight of 4,000 pounds end over,
Mayor O'Reilly opened the hearing to the public, There was no public comment,
MOTIONS
Councilman Ambarian moved seconded by Councilman Rweet, for adoption of
Ordinance 358-77, amending the 1976 Kenai Municipal Airport Regulationa,
Motion passed unanimously by roll call vote with Mayor O'RMily abstaining.
0-3: Ordinance 359-77 - Disclosure of Financial i Business Interests
Mayor O'Reilly read Ordinance 359-77 by title only, "An ordinance of the
Council of the City of Kenai requiring disclosure of financial and business
Interests of municipal officers and prohibiting activities determined to be
in conflict with municipal interests,"
City Attorney Williams advised that this ordinance had been prepared at the
request of Councilman Whelan to allow the City to regulate themselves with
regard to disclosure of municipal officers, City Attorney Williams further
stated that a filing under this ordinance would not be necessary if a State
filing ware required,
Councilman Whelan stated that he favored passage of the ordinance as it
now includes the City Attorney, City Clerk and Department floods,
Mayor O'Reilly opened the hearing to the public. There was no public input,
MOTION:
Councilman Whelan moved, seconded by Councilman Ambarian, for adoption of
Ordinance 359-77, disclosure of financial and business interests, as amended.
MO M DuNd u1l nJM0t1/ly by 1'011 de11 VOW with Mayor (YUlly abstaining,
0-4s Ordinance 360-77 - Capital Protect entitled "Fire Reservoir"
Mayor O'Reilly read Ordinance 360-77 by title only, "An ordinance of the
council of the City of Kenai establishing a capital project fund entitled
"Fire Reservoir" and increasing estimated revenues and appropriations in
the amount of $1,439,790,"
CITY OF KENAI - /-�
&I 4 4"ecd,
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
1IIII�
i»z
MEMORANDUM
TO: Honorable Mayor John Williams & Kenai City Council
Members
FROM: Thomas J. Manninen, City Manager _T41-
DATE: April 26, 1996
RE: RENEWAL OF CITY MANAGER'S EMPLOYMENT AGREEMENT
Per discussions at the April 3, 1996 Kenai City Council
executive session with the City Manager, attached is a
proposed City Manager's employment agreement for renewal
consideration.
Due to the conflicting schedules and busy up -coming summer
construction and vacation season, it would be best to reach
an early agreement on this matter. Therefore, I
respectfully request consideration at the May 1, 1996
Council meeting.
I will be available at your convenience to discuss and
finalize the continuing City Manager's agreement.
4/ 17/96
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 1996, by and
between the CITY OF KENAI, ALASKA, a municipal corporation, hereinafter called
"Employer," as party of the first part, and THOMAS J. MANNINEN, as the party of the
second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, Employer desires to continue to employ the services of said Thomas J.
Manninen as City Manager of the City of Kenai, as provided by the Kenai Municipal Cole,
KMC 1.20; and
WHEREAS, it is the desire of the governing board, hereinafter called "Council," to
provide certain benefits, to establish certain conditions of employment, and to set working
conditions of said Employee; and
WHEREAS, Employee desires to continue employment as City Manager of said City of
Kenai; and
WHEREAS, the parties acknowledge that Employee is a member of the International
City/County Management Association (ICMA) and that Employee is subject of the ICMA
Code of Ethics;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Employer hereby agrees to employ said Thomas J. Manninen as City Manager of said
Employer to perform the functions and duties specified in the Kenai Municipal Code and
Charter, and to perform other legally permissible and proper duties and functions as the
Council shall from time to time assign.
A. Employee agrees to remain in the exclusive employ of Employer until July 31, 1999,
unless said termination date is affected as hereinafter provided.
B. -in the event written notice is not given by either party to this agreement to the other
180 days prior to the termination date as hereinabove provided, this agreement shall be
extended on the same terms and conditions as herein provided, all for an additional
EMPLOYMENT AGREEMENT PAGE 2 OF 6
period of three (3) years. Said agreement shall continue thereafter for three -years
periods unless either party hereto gives 180 days written notice to the other party that
the party does not wish to extend this agreement for an additional three-year term.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Council to terminate the services of Employee at any time, subject only to the
provisions set forth in Section 3-1 of the City Charter and Section 4 of this agreement.
D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from his position with Employer, subject only to
the provision set forth in Section 5 of this agreement.
a 3: _Suspevaion
Employer may suspend the Employee with full pay and benefits at any time during the
term of this agreement according to the provision in Section 3-1 (b) of the City Charter.
_than _4: crmrnupoII and Se�eranct Pips_. __..w.
av
In the event Employee is terminated by the Council before expiration of the aforesaid term
of employment and during such time that Employee is willing and able to perform his
duties under this agreement, then in that event Employer agree to pay Employee a lump
sum cash payment of $50,000.00 as an aggregate severance sum. Employee shall also be
compensated for all earned leave.
In the event Employee is terminated for cause or for conviction, then, in that event,
Employer shall have no obligation to pay the aggregate severance sum designated in the
above paragraph.
_ : .: tion 5 '"Resignation
In the event Employee voluntarily resigns his position with Employer before expiration of
the aforersaid term of his employment, then Employee shall give Employer two months
notice in advance, unless the parties agree otherwise.
A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual
base salary of $91,582.00, payable in installments at the same time as other
management employees of the Employer are paid.
B. In addition, Employer agrees to increase said base salary and/or benefits of Employee
in such amounts and to such extent as the Council may determine that it is desirable to
EMPLOYMENT AGREEMENT PAGE 3 OF 6
do so on the basis of an annual salary review of said Employee made at the same time
as similar consideration is given other employees generally.
Section 7: Performance Evaluation
A. The Council shall review and evaluate the performance of the Employee at least once
annually in advance of the adoption of the annual operating budget. Said review and
evaluation shall be in accordance with specific criteria developed jointly by Employer
and Employee. Said criteria may be added to or deleted from as the Council may from
time to time determine in consultation with the Employee. Further, the Council shall
provide the Employee with a summary written statement of the findings of the Council
and provide an adequate opportunity for the Employee discuss his evaluation with the
Council.
B. Annually, the Council and Employee shall define such goals and performance
objectives that they determine necessary for the proper operation of the City of Kenai
and in the attainment of the Council's policy objectives and shall further establish a
relative priority among those various goals and objectives, said goals and objectives to
be reduced to writing. They shall general be attainable within the time limitations as
specified and the annual operating and capital budgets and appropriations provided.
C. In effecting the provisions of this Section, the Council and Employee mutually agree to
abide by the provisions of applicable law.
Seection 8 -H®urs of Work
It is recognized that Employee must devote a great deal of time outside the normal office
hours to business of the Employer, and to that end Employee will be allowed to take
compensatory time of as needed in his judgment.
- Section 9. Qatside Activities _
Employee shall not engage in teaching, consulting or other non -Employer -connected
business without the prior approval of the Council.
_ ..-cction 10:` Automobile
Employer shall provide an automobile allowance in the amount of $400.00 per month in
lieu of a city vehicle. Employee shall be responsible for paying for liability, property
damage, and comprehensive insurance, and for the purchase, operation and maintenance
and repair of his personal automobile.
EMPLOYMENT AGREEMENT PAGE 4 OF 6
Section I 1:.. T.eave
f
Employee shall accrue, and have credited to his personal account, leave at the same rate as
other classified employees of Employer. Unused leave time shall carry over from year to
year as specified in Kenai Municipal Code. Upon termination, whether voluntary or
involuntary, City shall compensate Employee for all accrued leave, said compensation shall
be based on Employee's salary as of the date of employment termination.
on 12•- Hdilth,Life. ii�wriiice.Aod. R'gpt _.
Employee shall receive benefits as set forth in KMC 23.10.020 (c) (1) and Section V of
the Employee Handbook, except as follows:
A. Employer shall provide medial, dental, and optical health insurance coverage for the
Employee and his immediate family; the Employer shall pay 100% of such health
insurance premiums.
B. The Employee agrees to submit to, at the beginning of the contract period and each
succeeding contract period, a complete physical by a qualified physician selected by
the Employer, the cost of which shall be paid by the Employer.
Employee shall reside in the city limits of Kenai as outlined in the Kenai Municipal
Charter.
Employer agrees to budget for and to pay for professional dues and subscriptions of
Employee necessary for his continuation and full participation in national, regional, state,
and local associations and organizations necessary and desirable for his continued
professional participation, growth, and advancement, and for the good of the Employer.
_................--- ..._.......... _ . —`� . _..
:� — -- - r _.-....
A Employer hereby agrees to budget for and to pay for travel and subsistence expenses
of Employee as set forth in KMC 23.30.110 for professional and official travel,
meetings, and occasions adequate to continue the professional development of
Employee and to adequately pursue necessary official functions for Employer,
including but not limited to the ICMA Annual Conference, the state league of
municipalities, and such other national, regional, state, and local government groups
and committees thereof which Employee serves as a member.
EMPLOYMENT AGREEMENT PAGE 5 OF 6
B. Employer also agrees to budget for and to pay for travel and subsistence expenses of
Employee for short courses, institutes, and seminars that are necessary for his
professional development and for the good of the Employer as set forth in KMC
23.30.110.
Section 16: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 17: Other Terms and Conditions of Employment
A. The Council, in consultation with the manager, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent
with or in conflict with the provisions of this agreement, the Kenai charter, municipal
code, or any other law.
B. All provisions of the Kenai charter code, and regulations and rules of the Employer
relating to leave, retirement and pension system contributions, holidays, and other
benefits and working conditions as they now exist or hereafter may be amended, also
shall apply to Employee as they would to other classified employees of Employer, in
addition to said benefits enumerated specifically for the benefit of Employee except as
herein provided.
. =echon 18i: No` Reduction. of Benefiis - _=
Employer shall not at any time during the term of this agreement reduce the salary,
compensation or other financial benefits of Employee, except to the degree of such a
reduction across-the-board for all employees of the Employer.
Set6on 19: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon both the City and its successors and inure to the
benefit of the heirs at law and executors of Employee.
C. This agreement shall become effective commencing , 19_
D. If any provision, or any portion thereof, contained in this agreement is held
unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion
thereof, shall be deemed severable, shall not be affected, and shall remain in force and
effect.
EMPLOY-MENT AGREEMENT' PAGE 6 OF 6
IN WITNESS WHEREOF, the city of Kenai has caused this agreement to be signed and
executed in its behalf by its , and duly attested by its City Clerk, and
the Employee has signed and executed this agreement, both in duplicate, the day and year
first above written.
ATTEST:
Carol L Freas, City Clerk
(Seal)
APPROVED AS TO FORM:
Cary R. Graves, City Attorney
CITY OF KENAI
EMPLOYEE
Thomas J. M en
CITY OF KEN, - /3
cd Canz&l 4.4L--
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 hrohd
reap
'lIlI1
FINANCE DEPARTMENT MEMORANDUM
DATE: Mav 1. 1996
TO: Mayor and Council Members. Cite of Kenai
FROM: Jay Sweeney. Finance DWct
SUBJECT: In -Lieu Assessment Pavment
1, Mr. Jack O'Neil has requested permission to make an in -lieu payment in order to connect Lot 3.
Block 2. Thompson Park Addition to the City of Kenai water and sewer system in accordance with
(IAW) KMC 16.15.040. His application letter is contained in enclosure 1.
2. A map of the proper is contained in enclosure 2. In addition. the prior Finance Director. Mr.
Brown, corresponded with Mr. O'Neil on August 14. 1995: a copy of this correspondence is
contained in enclosure 3.
3. KMC 16.15.060 states that the Council shall establish rates for in -lieu payments. KMC 16.15.060 (a)
and (b) further state that. for connections to water and sewer distribution systems, the in -lieu
payments shall be computed at the same rate per square foot of property to be benefited as was applied
in the improvement district. KMC Chapter 16.15 is contained in enclosure 4.
4. It is my interpretation that the intent of KMC Chapter 16.15 is to allow for in -lieu payments to be
made in a lump sum. KMC 16.15.050 does. however, state that the Council may "process' the
amount of the in -lieu payment IAW KMC 16.10.070 through 16.10.130. As KMC 16.10.130
provides for term financing of special assessments. I would interpret this as meaning that the Council
could establish payment terms for in -lieu of payments if it chose to go back through the entire special
assessment public hearing process.
The square footage of Lot 3, Block 2. Thompson Park Addition is 14,810. The project cost per square
foot for the Thompson Park Subdivision Special Assessment District was $0.7377/ft2 and the special
assessment was 25% of the project cost. or $0.1844/ft2 limited by fair market value restrictions IAW
KMC 16.05.010. If we calculate at the same rate per square foot of proper_- to be benefited as was
applied in the improvement district. the in -lieu payment will be $2,730.96. The assessed value of the
proper is currently $172,700. thus the improvements are well under the 25% threshold required by
KMC 16.05.010.
6. I recommend that Council approve an in -lieu payment in the amount of $2.730.96 for the connection
of Lot 3. Block 2. Thompson Park Addition to the City of Kenai water and sewer system. After
payment of the in -lieu amount. Mr. O'Neil will be issued a water and sewer permit.
Enclosures
As stated
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Alaska Salmon & Halibut Fishing At Its Best
May to early September
Alaska Pacific N.W. Fishing Advt►ntur(
1
Jack O'Neil 5743 Spur HM
(907) 283-3788 Kenai, AK 9%
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CITY OF KENAI
Od 0,ap" 4 4&d= 11
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
an
M2
August 14, 1995
Jack O'Neil
5743 Spur Highway
Kenai, Alaska 99611
Dear Mr. O'Neil:
The Public Works Department has informed me of some
development plans you have in Thompson Park. I'd like to
let you know how those developments may effect assessments.
First, you are resubdividing Lots 1, 2, and 21, Block 2,
into a new combined lot called Lot 1A. Of those lots, only
former Lot 21 was included in the water and sewer assessment
district. Now, however, all of the new Lot lA will be
included in the assessment district. The result will be
greater size and a larger assessment.
Second, you plan to serve Lot 3, Block 2, with water and
sewer by dedicating an easement from Fireweed Lane. Lot 3
is not included, and will not be included, in the assessment
district because it is not adjacent to water or sewer mains.
You must apply for this service per KMC 16.15 (copy
enclosed). Essentially, I will need a letter from you:
1) requesting water and sewer service using the "in -lieu
payment" method.
2) agreeing to pay a lump sum in -lieu payment upon billing
by the City, which will be calculated at the same rate
as used in the assessment district, subject to Council
approval.
Sincerely,
Charles A. Brown
Finance Director
cc: Jack LaShot, City Engineer
{ANC'/OSuRE
(e) The sum of all supplemental assessments in any one assessment district may not
exceed twenty percent (20%) of the initial approved assessment roll. (Ord. 1180)
16.15.010
Receipt of Services.
16.15.020
In -Lieu Payment Credited on Subsequent
Assessment.
16.15.030
Liens for In -Lieu Payments.
16.15.040
Initiation of Benefits and "In -Lieu
Payments."
16.15.050
Establishment of Amount.
16.15.060
"In -Lieu Payment" Rate Determination.
16.15.010 Receipt of Services: Real property contiguous to or adjoining local
improvement districts may receive the services from said contiguous improvement districts if
a payment is made in lieu of assessments which is at least equal to the rate of assessments
within the district. Such a payment may be referred to as an "in -lieu payment." (Ord. 791)
16.15.020 "In -Lieu Payment" Credited on Subsequent Assessment: If an "in -lieu
payment" has been made for a public improvement to a property, then the amount of that
payment may be credited to the amount due for payment of any later assessment if said
property is included in a local improvement district established in the future for the same
service. (Ord. 791)
16.15.030 Liens for "In -Lieu Payments" : Any lien created by an "in -lieu payment"
shall have the same priority and characteristics as a counterpart assessment and may be
collected in the same manner. (Ord. 791)
16.15.040 Initiation of Benefits and "In -Lieu Payments": Receipt of the benefits by
paying an "in -lieu payment" for benefits of public improvements may be initiated by either:
(a) The initiative of the Council in the event benefits are being received for which no
payment has been made; or
(b) Upon the application of the owner of a property to be benefited by a public
improvement which will be paid for by "in -lieu payments." (Ord. 791)
S44-05/08/87 16-9 CITY OF KENAI
,E/VC /0 SU e AA
16.15.050 Establishment of Amount: If the Council deems it necessary, the
establishment of the amount of the "in -lieu payment" may be processed as required by KMC
16.10.070 through 16.10.130 of this Code. (Ord. 791)
16.15.060 "In -Lieu Payment" Rate Determination: After determination that services
from a public improvement should be paid for by an "in -lieu payment" procedure, rather than
by assessment of benefited property, then the Council shall establish rates for such
improvements as follows:
(a) For benefits from connection to the water distribution system, an "in -lieu payment"
shall be computed at the same rate per square foot of property to be benefited as was applied
in the improvement district;
(b) For benefits from connection to the sewer distribution system an "in -lieu payment"
shall be computed at the same rate per square foot of property to be benefited as was applied
in the improvement district; or,
(c) Other public services other than those enumerated in this section shall be paid for
at a rate to be determined at the time of application for the requested service. (Ord. 791)
16.20.010
Use of Improvements.
16.20.020
Foreclosure of Assessment Liens.
16.20.030
Cumulative Enforcement.
16.20.040
Penalty and Interest. (Repealed)
16.20.050
Payment of Assessments Upon Transfer of
Title.
16.20.060
Penalty.
16.20.070
Proration of Assessment.
16.20.010 Use of Improvements: Whenever public improvements have been
constructed by the City of Kenai in any of the public streets, alleys, or other places of the
City and whenever assessments or charges of any portion of the cost of such improvements
have been made upon the properties specifically benefited by such improvements, no permit
shall be issued by any City official or employee for any private connection to the public
improvement from any property so assessed and benefited unless the amount of the assessment
or the charges placed against said parcel of property have been paid, or if the assessment or
charges are due in installments, unless all payments due at the time of application is made for
the permit have been paid. This provision shall apply to all cases in which assessments have
CITY OF KENAI � -/
Od Catta" 44".j,
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
1"2
MEMORANDUM
TO: Mayor and Councilmembers
FROM: Carol L. Freas, City Clerk
City of Kenai
DATE: April 26, 1996
RE: ALASKA CHALLENGER LEARNING CENTER PRESENTATION
Chamber of Commerce Luncheon, May 1, 1996
Kathy Scott requested the following information be forwarded on to you:
A formal announcement of the national board's decision is planned to be
made at the Kenai Chamber of Commerce meeting at noon on Wednesday,
May 1. We hope you will be able to attend and be a part of the
excitement.
clf
CITY OF KENO 5,�
Od 0-,� aj,4"e.-c*
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
as
,III'f
1"2
MEMORANDUM
TO: Mayor and Councilmembers
FROM: Carol L. Freas, City Clerk
City of Kenai Ir411111
DATE: April 23, 1996
RE: MOBILE FOOD VENDORS' LICENSES AND
RESTAURANT PERMITS
During the April 17, 1996 council meeting, a question arose in regard to the permitting
of mobile food vendors and temporary food stands present during the Fourth of July
festivities.
Kenai Municipal Code Chapter 5.25 requires mobile food vendors to make application
for a license, defines insurance requirements and DEC inspections, etc. A copy of KMC
5.25 is attached for your information. As I stated during the 4/17/96 meeting, I distribute
mobile food vendor license requirements to persons requesting it and issue licenses when
requirements are met.
Kenai Municipal Code Chapter 12.15 (copy attached) requires city permits for
restaurants. KMC 12.15.010 defines a "restaurant" as
"any restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
tavern, sandwich stand, drug store and/or soda fountain serving food, and
all other eating or drinking establishments, as well as kitchens or any places
in which food or drink is prepared for sale to the general public."
KMC 12.15.020 entitled "Permits Required" states,
"...A person conducting an itinerant restaurant (one operating for a
temporary period in connection with a fair, carnival, public exhibition, or
other similar gathering) shall be required to secure such a permit."
KMC 12.15.050(a) instructs,
Upon the filing of such application and upon payment of the fee, it shall
be the duty of the designated City official to investigate the matter set
forth in such application, and the sanitary conditions of the location
proposed for conduct of the business mentioned in the application, and
whether said place conforms to the requirements of the ordinances of the
City of Kenai and with the rules and regulations of the Alaska Division of
Health. A report of the investigation shall be filed with the City Clerk by
the investigator, and unless the premises investigated conform to the
requirements of this chapter, such application shall be denied. (emphasis
added)
The "designated City official" discussed in 12.15.050(a) would be the "Health Officer,"
defined as the "duly appointed official of the City of Kenai designated to enforce this
chapter." I have checked with long-time City employees and have learned that, to their
knowledge, this portion of the code has not been enforced nor has there been a Health
Officer in at least 20 years or longer. Without a Health Officer or "designated City
official' to inspect the restaurant facilities (required by KMC 12.15.050), a restaurant
permit cannot be issued.
cif
Chapter 5.25
MOBILE FOOD VENDORS
Sections
5.25.010
Definitions.
5.25.020
Application.
5.25.030
Prohibited Acts.
5.25.040
License: Non -Transferable.
5.25.050
License Fee and Termination.
5.25.060
Revocation or Restriction of License.
5.25.070
Appeal.
5.25.080
Conduct of Business.
5.25.090
Penalty.
5.25.010 Definitions: (a) "Mobile food vending unit" means any type of vehicle or
wagon which is designed to be readily movable and from which any food or beverage is
prepared for immediate consumption and sold or offered for sale to the public at any location,
whether on private or public property, within the boundaries of the City.
(b) "Operate" means to engage in the business or to conduct the designated business
as owner of the business; or as an owner to employ, induce, or otherwise procure another
person to operate or conduct the business.
(c) "Owner" means all persons having a proprietary interest in the business requiring
a license; or in the case of a corporation, "Owner" means all persons holding more than thirty
percent (30 %) of the voting stock of the corporation. (Ords. 420, 716)
5.25.020 Application for License: (a) Applications for a mobile food vending unit
license shall be made in writing to the City Clerk on forms prescribed and furnished by the
Clerk.
(b) Applications shall contain the following information:
(1) The full name of the applicant;
(2) The applicant's social security number;
(3) The mailing, residential, and business addresses of the applicant;
(4) The date of the application;
(5) The nature and a description of the food vending unit business or activity
to be conducted;
(6) The type of vehicle, license number, and registration number of the vehicle
used as said unit;
(7) The Kenai Peninsula Borough sales tax registration number of the
applicant.
(c) With the application, the applicant shall also furnish:
-------- --------- ----------- ---------------
S46-11/13/87 5-7 CITY OF KENAI
(1) The original inspection report to be copied by the Clerk, issued to the
applicant/owner by the Department of Health & Social Services, Division of Public
Health & Sanitation, State of Alaska;
(2) The fee for the City license as prescribed herein;
(3) The legible signature of the applicant/owner or person authorized to sign
on behalf of the applicant/owner;
(4) An affirmation or oath, as may be required by the Clerk, that the
information and statements made in connection with the application are true, correct,
and complete;
(5) A certificate of insurance indicating that the applicant's operation of a
mobile food vending unit is covered by liability insurance as follows:
Personal Injury (each occurrence) $100,000
Aggregate Products (each occurrence) $300,000
Property Damage (each occurrence) $ 50,000
(d) Said insurance policy or policies shall provide for not less than thirty (30) days
written notice to the City Clerk of cancellation or expiration or substantial change in policy
conditions and coverage. (Ord. 420)
5.25.030 Prohibited Acts: It is unlawful:
(a) For any person to engage in a business of operating a mobile food vending unit
as defined by KMC 5.25.010(b) without first obtaining a mobile food vending unit license
from the City Clerk.
(b) For any persons to obtain or attempt to obtain a license by making a false
statement in the application or by other fraudulent or deceptive means.
(c) For any person licensed under this chapter to knowingly or wilfully authorize,
order, instruct, or permit an employee, agent, or person under his supervision or control to
do an act in connection with the licensed activity which violates any provision of this chapter
or a license issued under this chapter.
(Ord. 420)
5.25.040 License: Non -Transferable: No license may be sold, conveyed, or
otherwise transferred by the holder thereof to any other person at any time, and no license
sold, conveyed, or otherwise transferred shall be valid as to the new holder thereof.
Successors in interest to persons licensed under this chapter shall make original application
for a license if the successor wishes to continue or to resume the activity. (Ord. 420)
5.25.050 License Fee and Term: An applicant shall pay a fee of $120 for the
issuance of a license, which shall expire one year from its issuance. The Clerk may issue a
license which shall expire within a shorter duration of time and the fee therefor will be
proportionately reduced. All non-profit organizations shall be exempt from paying the above
license fee. Said organizations making applic_a 3n should present proof sufficient to the Clerk
of its non-profit status. (Ord. 420)
_
S46-11/13/87 5-8 CITY OF KENAI
5.25.060 Revocation or Restriction of License: The Clerk may revoke or restrict any
license upon written notice thereof to the license holder. Any revocation or restriction shall
be made in writing, stating briefly the reason for such decision. Such decision shall be mailed
by certified mail to the licensee at the address as provided in the application or may be
delivered to the licensee at his place of business. (Ord. 420)
5.25.070 Anneal: (a) Any applicant or licensee desiring to appeal from the decision
of the Clerk in restricting or revoking any license provided for by this chapter shall within
ten (10) days from the receipt of a written decision, as provided by KMC 5.25.060, furnish
the City Manager a written notice of appeal, stating the order or decision from which the
appeal is taken. The City Manager, upon receipt of such notice of appeal, shall set the date
of a public hearing before the City Council. The City Manager shall, upon setting the date
of the public hearing before the City Council, notify the appellant and the Clerk of the time
and place of such hearing.
(b) The notice of the time and place of hearing shall be given within ten (10) days
from the date of the hearing and not less than three (3) days prior to the hearing.
(c) After public hearing hereinbefore required, the City Council shall have the power
to modify, revoke, rescind, or affirm the decision of the Clerk from which the appeal is taken,
or may enter its own decision as may be justified under the circumstances. (Ord. 420)
5.25.080 Conduct of Business: (a) A mobile food vendor may not operate from a
location on a public street, alley, or right-of-way for a period of time in excess of one hour,
unless the operator acquires written permission from the Chief of Police to operate for a
longer period of designated time to provide service to the public attending a sporting or
recreational event.
(b) Notwithstanding the provisions of (a) above, mobile food vendor may not operate
on a public street, alley, or right-of-way where such operation would interfere with the normal
flow of traffic, cause of safety hazard to pedestrians, or where the stopping or standing of the
food vendor's vehicle would violate State or local traffic regulations, or any other regulations
required by Title 13 of the Alaska Administrative Code, entitled "Public Safety."
(c) The mobile food service may not be operated in front of or immediately adjacent
to any established business offering the same or similar commodities upon a fixed location.
(d) No person may operate as a mobile food vendor within the boundaries of a City
park unless such operation is permitted under ordinance or other lawful authority. (Ord. 420)
5.25.090 Penally: (a) Any person who violates any provision of this chapter or the
terms, conditions, or limitations of any license issued hereunder shall be subject to a civil
penalty as provided for in KMC 13.05.010 for each offense, or injunctive relief to restrain
the person from continuing the violation or threat or violation, or both the civil penalty or
injunctive relief. Upon application for injunctive relief and a finding that a person is violating
or threatening to violate any provision of this chapter, the terms, conditions, or limitations of
any license issued hereunder the Superior Court shall grant injunctive relief to restrain the
violation.
S47-02/ 10/88 5-9 CITY OF KENAI
(b) Each day of violation of any provision of this chapter or conditions or limitations
of any license issued hereunder shall constitute a separate offense. (Ord. 420, 1240)
5.30.010
License Required.
5.30.020
Defined.
5.30.030
Presumption as to Status.
5.30.040
Application for License.
5.30.050
Bond Requirement.
5.30.060
Appointment of City Clerk as Agent for
Service of Process.
5.30.070
License Fee.
5.30.080
Investigation.
5.30.090
Issuance of License.
5.30.100
Special Requirements as to Advertising Sales.
5.30.110
Exceptions to Licensing Requirements.
5.30.120
Exceptions to Bonding Requirements.
5.30.130
Display of License.
5.30.140
Advertisements of Transient Merchants.
5.30.150
Records to be Kept by City Clerk.
5.30.160
Expiration of License.
5.30.170
Revocation of License.
5.30.180
Appeal to City Council.
5.30.190
Claims Against Licensee.
5.30.200
Limitation on Bond Claim.
5.30.210
Refund of Bond.
5.30.220
Separate Offenses.
5.30.230
Penalty.
5.30.010 License Required: It shall be unlawful for a transient or itinerant merchant,
as defined in KMC 5.30.020, to engage in business within the City of Kenai without first
obtaining a license therefor in compliance with the provisions of this chapter. (Ord. 268)
---- -------------- ------
S47-02/10/88 5-10 CITY OF KENAI
Chapter 12.15
RESTAURANTS
12.15.010
Definitions.
12.15.020
Permits Required.
12.15.030
Permits.
12.15.040
Permit Fees.
12.15.050
Inspection Procedure.
12.15.060
Revocation of Permits.
12.15.070
Sanitation and Building Requirements.
12.15.080
Rules Applying to Employees.
12.15.090
Appeals.
12.15.100
Penalty for Violation.
12.15.010 Definitions: The following definition shall apply in the interpretation and
enforcement of this chapter:
(a) "Restaurant" shall mean any restaurant, coffee shop, cafeteria, short order cafe,
luncheonette, tavern, sandwich stand, drug store and/or soda fountain serving food, and all
other eating or drinking establishments, as well as kitchens or any places in which food or
drink is prepared for sale to the general public.
(b) "Food" shall mean and include all articles used for food, drink, confectionery, or
condiment whether simple, mixed, or compound, and all substances or ingredients used in the
preparation thereof.
(c) "Employee" shall mean any person who handles food or drink during preparation
or serving or who comes in contact with any eating or cooking utensil, or who is employed
in a room in which food or drink is prepared or served.
(d) "Utensils" shall mean and include any kitchenware, tableware, glassware, utensils,
containers, or other equipment with which food or drink comes in contact during preparation,
storage, or serving.
(e) "Health Officer" shall mean the duly appointed official of the City of Kenai
designated to enforce this chapter.
M "Person" shall mean and include any person, firm, partnership, corporation, or
association. (KC 12-5)
12.15.020 Permits Required: It shall be unlawful for any person to operate a
restaurant in the City of Kenai who does not possess an unrevoked permit from the City
Clerk. Such permit shall be posted in a conspicuous place within the restaurant. Only
persons who comply with the requirements of this chapter shall be entitled to receive and
retain such permit. A person conducting an itinerant restaurant (one operating for a
S46-11/13/87 12-4 CITY OF KENAI
(b) The Chief of the Fire Department, the Chief of Police, and City Health Officer,
the Building Official, Electrical Inspector, the Plumbing Inspector, or any other officer
subordinate to the City Administrator may submit, through or with the consent of the City
Administrator to the City Council, a statement as to the existence of a public nuisance as
defined by KMC 12.10.010 or by other sections of the ordinances of the City, and a request
or recommendation that it be abated. The City Administrator himself, the Mayor, any
Councilman, or any resident or residents of the City may submit such a statement, request,
or recommendation to the City Council. The Council shall determine whether or not the
alleged public nuisance is a public nuisance in fact. For the purpose of gathering evidence
on the subject, the Council shall have power to subpoena and examine witnesses, books,
papers, and other effects. Before proceeding to abate the nuisance or to have it abated, the
Council shall give notice of a hearing on the proposed abatement to the owner of property
concerned and to any other person alleged or deemed responsible for or to be causing the
public nuisance, and an adequate opportunity to be heard if such notice and opportunity for
hearing can be given. Such notice to the owner and other persons concerned shall be given
in writing by registered or certified mail or by service by a police officer if their names and
addresses are known; but, if the names or addresses are not known, and the public peace,
health, safety, morals, or welfare would not be unduly jeopardized by the necessary delay,
a notice of the hearing shall be published in a paper of general circulation within the City.
(c) If the Council finds that a public nuisance does in fact exist, it shall direct the
owner and/or other persons responsible for or causing the public nuisance to abate it within
a specified time if the public interest would not be unduly jeopardized by the consequent
delay. If the public interest would be unduly jeopardized by the consequent delay, or if the
owner or other persons responsible for or causing the public nuisance do not abate it within
the specified time, the Council shall direct the City Administrator to abate the public nuisance
or to have it abated if summary abatement is practical. The costs and expenses incurred by
the City in such abatement shall be chargeable to the owner, and levied and collected as
property taxes are levied and collected.
(d) The procedures for abating or dealing with public nuisances as prescribed in this
section shall be cumulative and in addition to any other procedures authorized by law or
ordinance. (KC 12-3)
12.10.030 Public Nuisance Unlawful: It is unlawful for any person (owner, lessee,
or other) to create or maintain a public nuisance within the City, or to permit a public
nuisance to remain on premises under his control within the City. (KC 12-4)
S46-11 / 13/87 12-3 CITY OF KENAI
temporary period in connection with a fair, carnival, public exhibition, or other similar
gathering) shall be required to secure such a permit. (KC 12-6)
12.15.030 Permits: Every applicant for such permit shall file with the City Clerk a
written application which shall state the name of the applicant, a description of the property
proposed for conduct of a food establishment, the character of business which is proposed to
be conducted, and such other information as the City Clerk may require. (KC 12-7)
12.15.040 Permit Fees: (a) The provisions of this chapter shall apply to all
restaurants and itinerant restaurants operated by fraternal organizations, service clubs,
religious, educational, and charitable institutions, provided, however, that these organizations
shall be exempted from the payment of any permit fees, and provided further, that said
organizations are maintained not for profit, and the service rendered is confined to members
of the organizations and their guests, and last clause being excepted to itinerant restaurants,
and provided further that the provisions of this chapter shall not apply to the employees or
personnel of such organizations as mentioned in KMC 12.15.030.
(b) Every applicant for a permit to operate a restaurant shall pay to the City Clerk a
fee, as follows, for each such restaurant:
Restaurants, annual $5.00
Applications made between 511 and 9/30 5.00
Applications made between 9/30 and 4/30 3.00
Itinerant Restaurants -- each day's operation 1.00
Total fee not to exceed for any continuous
operation 5•00
(KC 12-8)
12.15.050 Inj=tion Procedure: (a) Initial Permit: Upon the filing of such
application and upon payment of the fee, it shall be the duty of the designated City official
to investigate the matter set forth in such application, and the sanitary conditions of the
location proposed for conduct of the business mentioned in the application, and whether said
place conforms to the requirements of the ordinances of the City of Kenai and with the rules
and regulations of the Alaska Division of Health. A report of the investigation shall be filed
with the City Clerk by the investigator, and unless the premises investigated conform to the
requirements of this chapter, such application shall be denied.
(b) Routine Inspections: At least once every month the Health Officer shall inspect
each restaurant located within the City of Kenai. (KC 12-9)
12.15.060 Revocation of Permits: If, upon inspection, an establishment shall fail to
meet the requirements of this chapter, written notice shall be served upon the person, firm,
or corporation owning or operating the establishment in question specifying such corrections
as are necessary which shall be completed within a minimum period of ten (10) days from
issuance of notice. Failure to comply with said written notice shall be deemed sufficient cause
S46-11/13/87 12-5 CITY OF KENAI
for the suspension or revocation of the permit by the City Clerk. (KC 12-10)
12.15.070 Sanitation and Building Rye uiements:
(a) walls, floors, and ceilings of all rooms shall be kept clean and in good repair.
(b) Every restaurant shall be provided with conveniently located toilet facilities for its
employees. In restaurants hereafter constructed, toilet rooms shall not open directly into any
room in which food, drink, or utensils are handled or stored. Toilet rooms shall be kept in
a clean condition, in good repair, well lighted and ventilated.
(c) Adequate and convenient hand -washing facilities shall be provided, including hot
and cold running water, soap, and approved sanitary towels. The use of a common towel is
prohibited. No employee shall begin or resume work after using the facilities of the toilet
room without first washing his hands.
(d) All dishes and glasses in a chipped or cracked condition may not be used for any
purpose whatsoever.
(e) All equipment, including display cases or windows, counters, shelves, tables,
refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects,
and other contaminating material. All cloths used by waiters, cooks, and other employees
shall be clean. The use of cloths for drying any utensils is limited only to flatware.
(f) All eating, drinking, and cooking utensils shall be thoroughly cleaned and
effectively subjected to an approved bacterial process after each usage. All multi -use utensils
used in the preparation or serving of food and drink shall be thoroughly cleaned and
effectively following the day's operations-
(g) All wastes shall be properly disposed of, and all garbage and trash shall be kept
in suitable receptacles in such manner as not to become a nuisance. All garbage cans used
in the kitchen shall be lined with paper and washed each time after being used and emptied.
(h) All food and drink shall be so stored, displayed, and served as to be protected
from dust, flies, depredation, and pollution by rodents, unnecessary handling and other
contamination. The use of tin cans after being opened is prohibited for the storage of food.
No animals shall be kept or allowed in any room in which food or drink is being prepared or
stored. All means necessary for the elimination of flies, roaches, insects, and rodents shall
be used.
(i) Dishes shall be washed either by:
(1) A dish -washing machine, the water in which shall be 140°F. for washing
and 180°F. for rinsing; or
(2) A three -compartment sink with one wash and two rinses. The last rinse
shall contain water not less than 180°F. Nothing herein shall be construed as limiting
the requirements of the bacterial process treatment as mentioned above. (KC 12-11)
12.15.080 Rules Applying to Emyloyees: (a) All employees shall change from street
clothes to appropriate work clothes before beginning the transactions of their employment.
All employees shall wear clean outer garments and shall keep their hands clean at all times
while engaged in handling food, drink, utensils, or equipment. All employees shall wear a
cook's cap if male, and a cap or hair net if female, with the exception of those persons
S46-11/13/87 12-6 CITY OF KENAI
employed solely as bartenders. No employee shall expectorate or use tobacco in any form
while preparing or serving food or drink.
(b) Each employee as above defined shall be given a physical examination, including
an x-ray examination of the chest, if necessary, and serological test by a licensed physician.
Such examination must be taken within ten (10) days of the date of employment. Evidence
of this physical examination shall be on record at the place of employment and shall be an
annual requirement.
(c) No person affected with any disease in a communicable form shall work in any
restaurant, and no restaurant shall employ any such person. (KC 12-12)
12.15.090 Ali : (a) Appeals from the reported investigations may be taken
pursuant to this chapter for exceptions by any person or party aggrieved. Such appeal shall
be taken within seven (7) days of the date of such action by filing with the City Council a
written notice of appeal specifying the grounds thereof.
(b) A report concerning each case appealed to the Council shall be made. Such report
shall state the decision and recommendations on the report, together with the reasons therefor.
All documents and papers pertaining to the case shall accompany the report. (KC 12-13)
12.15.100 Penalty Violation: Any person who shall violate any of the provisions
of this chapter shall, on conviction thereof, be punished as provided for misdemeanors in
KMC 13.05.010 and each day a violation exists shall be considered a separate offense. (KC
12-14, Ord. 1240)
S46-11/13/87 12-7 CITY OF KENAI
Chapter 12.20
MISCELLANEOUS PROVISIONS
Sections
12.20.010
Expectorating on Streets and Sidewalks.
12.20.020
Obnoxious Weeds Prohibited.
12.20.030
Debris and Junk Prohibited.
12.20.040
Excavations and Wells.
12.20.050
Abandoned Ice Boxes and Refrigerators.
12.20.060
Penalty.
12.20.010 Expectorating on Streets and Sidewalks: Any person expectorating on or
littering any street or sidewalk or public ground or the floor, wall, or stairs of any public
building, place of business, or other public place within the City shall be guilt of a
misdemeanor. (KC 12-15)
12.20.020 Obnoxious Weeds Prohibited: It is unlawful for the owner, tenant,
occupant, or person in charge of a lot, tract, or parcel of land to permit such growth of
weeds, grass, or other vegetation thereon as endangers the public health. (KC 12-16)
12.20.030 Debris and Junk Prohibited: No owner, lessee, agent, tenant, or occupant
shall allow or permit any debris, junk, or indiscriminate storage of machinery, equipment
parts, lumber, other material, or any accumulation of garbage, manure, offals, rubbish,
stagnant water, or any filthy liquid or substance, or anything that is or may become putrid or
offensive to be or remain upon his yard, lot, or premises, or upon any yard, lot, or premises
owned or controlled by him. (KC 12-17)
12.20.040 Excavations and Wells: (a) No owner, lessee, agent, tenant, contractor,
or occupant shall allow or permit any excavation in the earth or any well, pit, basement, or
other similarly constructed facility to be left uncovered, unprotected, unfenced, or in an
otherwise dangerous or unsafe condition within the City. Any covering shall be complete and
have no unguarded openings. Any other protection needed, including use of watchmen, shall
be fully effective at all times, including night hours.
(b) No excavation shall be made on any lot or parcel of land within the corporate
limits of the City of Kenai other than for the purpose of construction under a properly issued
building permit until a permit for same shall be issued by the City Engineer. The City
Engineer shall not issue a permit for any excavation within the City of Kenai which shall
constitute an attractive nuisance or shall not be compatible with the uses permitted in the
particular area. There shall be no charge for said permit. (KC 12-18)
S46-11/13/87 12-8 CITY OF KENAI
Li
TON
DEPT. OF ENVIRONMENTAL CONSERVATION
FACILITY CONSTRUCTION AND OPERATION ;' Phone: (907)465-5180
410 WILLOUGHBY AVE., #105, JUNEAU, AK 99801-1795 Fax: (907)465-5177
April 26, 1996
Mr. John P. Sweeney III, Finance Director
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611-7794
SUBJECT: Request for Final Audit Waiver
Kenai - East Kenai Sewer Interceptor, ADEC Grant No. 47543
Thompson Park Water and Sewer Mains, ADEC Grant No. 47544
Dear Mr. Sweeney:
The Alaska Department of Environmental Conservation (ADEC) must perform a
final audit on these projects. We will contact you soon to arrange a time for the audit
that is reasonable for you. I have made this decision after considering the information
provided to us. The factors that were involved in considering the question of the audit
waiver are presented below.
First, in your grant agreement forms for these projects, general condition
numbers 7, 8 and 9 inform you that these projects are subject to audit and you must
maintain your project records in a condition that would allow judgements of eligible and
allowable project costs. Second, the audit waivers granted to the City for past projects
were given because those projects had an extraordinary amount of excess eligibility.
That fact, plus the certification of the ADEC project engineer, allowed us the reasonable
basis to grant the waiver. This is not the case in this instance. Lastly, the City is citing
its State Single Audit Report as the basis for audit waiver. We have never been able to
use these reports to document our grant expenditures because the scope of these
audits do not address program eligibility requirements. Page 12 of the Single Audit
Report sent to us, lists the funds expended and receivable for these projects but makes
no mention of the eligibility or allowability of these costs. Because we are accountable
for these public dollars, we audit all projects unless there is an overwhelming reason to
not do so.
ec .- - -.per .
John Sweeney III -2- - April 26, 1996
I have based this decision on the information that I have available at this time. If
you have anything that would help me in this decision process, to form a reasonable
basis to grant the audit waiver of these two projects, please send it to me. If you want
to discuss this matter, please contact me. I have asked our auditor, Butch White, to
contact you as soon as is practical to arrange a mutually convenient time to conduct
this audit. We want to promptly resolve the issue of the monies remaining in these
grants and send you a check for the final documented amount due. Once again, please
contact me if there is anything I can do to help you in this process.
Sincerely,
Mike Burns, Chief
Municipal Grants and Loans
DMB:Ip(H;FCO CLERICALIBURNS%CI YCORRU(ENAIAUD.WA1)
cc: Michael Phillips/ADEC-Anch
Butch White/ADEC-Juneau
CITY OF KENAI
„ / 41444+lZC it
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611 7794
TELEPHONE 907-283-7535
- - FAX 907-283-3014
FLE
1' '1
April 10. 1996 um
Mr. Michael Phillips. Project Engineer
State Of Alaska
Department Of Environmental Conservation
Facility Construction And Operation
555 Cordova Street
Anchorage, Alaska 99501
Dear Mr. Phillips.
The City of Kenai has recently received close-out documents for both ADEC Grant #47543. East Kenai
Sewer Interceptor Project. and ADEC Grant #475.44. Thompson Park Water And Sewer Mains Project. In
the documents, you stated that reimbursements of remaining amounts billed by Kenai under the grants
have been held until successful completion of a final audit. The remaining amounts in question are
$41.211 under the East Kenai Sewer Interceptor Project and $18.474 under the Thompson Park Water
And Sewer Mains Project.
In the past, the City of Kenai has requested. and received. «aivers of the final audit for similar
projects. The rationale for the previous waiver requests has been that only direct project -related (i.e..
engineering, construction. etc.) costs have been historicalh. charged to the grants. and that overhead and
indirect costs have not been. In the past. the City of Kenai has relied on its annual audits under the
Alaska Single Audit Act as being sufficient to meet the project audit waiver requirement.
In accordance with past practices. the City of Kenai again asks that final project audits for both ADEC
Grant #47543. East Kenai Seger Interceptor Project. and ADEC Grant #47544. Thompson Park Water
And Sewer Mains Project be waived and that reimbursements of the final remaining payments under the
grants be processed. A copy of the City of Kenai's Federal and State Single Audit Report. dated June 30.
1995. is enclosed.
If you have any questions. please do not hesitate to contact me at 283-7539.
Sincerely.
John P. Sweenev III
Finance Director
Enclosure
As Stated
INFORMATION LIST
Kenai City council Meeting
of
May 1, 1996
1. 4/17/96 Council Meeting "To Do" List.
2. Pay Estimate No. 5 and Progress Report - Kenai Municipal
Airport Master Plan through March, 1996/Aries Consultants.
3. 4/8/96 DEC letter regarding Alaska Clean Water Fund priority
list update.
4. 4/96 K. McGillivray letter regarding Kenai Parks &
Recreation Department participation in Kenai Peninsula
Global Releaf distribution of trees.
5. 4/15/96 Senator Stevens cover letter to A. Billick, Regional
Administrator of FAA letter regarding Regional Aircraft
Rescue and Fire Fighting Training Facility in Kenai.
6. 4/16/96 J. Oliver, FAA letter regarding relocation of
antennae in Kenai.
7. 4/18/96 M. Tarr, FAA letter regarding Kenai Automated Flight
Service Station request for building addition.
8. 4/22/96 JJW letter to Kenai Peninsula Borough Assembly
regarding Kenai River Protection Ordinance No. 96-06.
9. 4/17/96 K. Howard letter to B. Phelps, Manager of the State
Division of Lands regarding meeting held to discuss
potential land swap.
10. 4/22/96 D. Morris, KPD memorandum with KPD First Quarter
Report.
11. 4/1996 Resource Development Council, Inc., Resource Review.
12. 4/25/96 TM memorandum regarding the city's opposition to
changes in the Fish Tax formula.
KENAI CITY COUNCIL MEETING
APRIL 17, 1996
"TO DO" LIST
KO - Waive Recreation Center rental fees to KCHS "After Prom" activities.
Donate excess fencing (donated to City from Borough) to Circle 'Track
Association.
TM/CRG - Prepare an ordinance for 5/1/96 introduction to sunset the hotel/motel tax
as soon as legally possible.
TM - Prepare for 5/19/96 packet a plan of what will be done at south side of
River to prevent people from entering beach on right-of-way as discussed
during 4/5/96 council meeting.
RAE - Cover vinyl on three walls of airport terminal with gray carpet.
CLF/CRG - Send letter to Department of Natural Resources appointing CRG to their
technical working group to revise the state's Kenai River Management
Plan.
Investigate whether food vendors on July 4 require a food vendor's license.
Research history of conflict of interest form code requirement for
department heads -- when enacted and for what purpose.
ARIES CONSULTANTS LTD.
16360 Monterey Road, Suite 270 Phone: (408) 779-5776
Morgan Hill, California 95037 Fax: (408) 779-9052
April 2, 1996
Mr. Jack La Shot, P.E.
City Engineer
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
ANlX
Of IQ
- mot
RE: Progress Report and Invoice for Professional Services for Kenai Municipal Airport
Master Plan through March 1996
Dear Jack:
Aries is pleased to submit this fifth progress report and invoice for the Kenai Municipal
Airport Master Plan.
The attached progress report summarizes the activities through March 1996. Included
with the progress report is a summary of project costs by task.
Please call if you have any questions or require additional information.
Yours sincerely,
ARIES CONSULTANTS LTD.
R. John Sanders
President
RJS/sjl OC
ir
A Corporation
PA J � 15, 1�6. %a ONLY.
Per C1Q&1 Do Nor Pay
�«.5oNni /"'(gate P *4Z
AtiD
bAr
i wr i! JJr!TA r� /"we- TO
C
ARIES CONSULTANTS LTD.
INVOICE NO: 5
DATE: April 2, 1996
Mr. Jack La Shot, P.E.
City Engineer
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
Invoice for Professional Services on the Kenai Municipal Airport Master Plan
through March 1996
Total amount invoiced ................................. $134,594.81
Amount previously invoiced ............................. 119,344.84 ✓
Amount due this invoice ................................. 15 249.97 ✓
Remit to:
Aries Consultants Ltd.
16360 Monterey Road, Suite 270
Morgan Hill, California 95037
ARIES CONSULTANTS LTD.
PROGRESS REPORT
KENAI MUNICIPAL AIRPORT MASTER PLAN
March 1996
I. SUMMARY
Working Paper No. 1, Aviation Demand Forecasts and Existing Airport Facilities,
was presented and discussed at the Airport Commission meeting on March 14,
1996. Aries representatives have continued to coordinate with the City, FAA and
the subcontractors on preparation of the Kenai Municipal Airport Master Plan.
H. WORK COMPLETED BY ELEMENT
Element 1- Inventory of Airports
The inventory data has been included in Working Paper No. 1.
Element 2 - Forecast of Aviation Demand
The forecast of aviation demand has been included in Working Paper No. 1. FAA
has approved the forecasts for use in future elements of the Airport Master Plan.
Element 3 - Airport Facility Requirements
Work has been initiated on determining the airport facility requirements.
Element 4 - Airport Plans
Work has continued on the digital mapping and the project base maps for use in
the Airport Layout Plan set.
Element 7 - Coordination and Meetings
Working Paper No. 1, Aviation Demand Forecasts and Existing Airport Facilities,
was presented and discussed at the Airport Commission meeting on March 14,
1996. Aries and Wince-Corthell-Bryson representatives met with City
representatives in Kenai and FAA representative in Anchorage to review the study
progress. Aries representatives have continued coordination with the City, FAA,
subcontractors, State and others as necessary.
Element 8 - Reports
ARIES CONSULTANTS LTD.
Thirty (30) copies of Working Paper No. 1, Aviation Demand Forecasts and
Existing Airport Facilities, have been submitted to the City of Kenai for circulation
and review.
III. SUMMARY OF PROJECT COSTS
A summary of project costs (Exhibit A), by task, is included with this progress
report.
ARIES CONSULTANTS LTD.
EXHIBIT A
SUMMARY OF PROJECT COSTS
KENAI MUNICIPAL AIRPORT MASTER PLAN
March 1996
Estimated
Percent
Amount
Element
Cost
Completed
Invoiced
1.
Inventory of Airports
$ 73,700
98
$72,226
2.
Forecast of Aviation Demand
15,400
98
15,092
3.
Airport Facility Requirements
27,000
13
3,421
4.
Airport Plans
48,700
30
14,610
5.
Implementation Plan and Phasing Plan
24,300
0
-0-
6.
Environmental Assessments
26,800
0
-0-
7.
Coordination and Meetings
32,500
35
11,375
8.
Reports
25,500
25
6,375
9.
Pavement Maintenance Plan
23.000
M
11,496
TOTAL
$296,900
45%.
$134,595
Note: Direct expenses (i.e., travel, telephone, copies, graphics, computer, etc.) are included in
the individual elements.
ARIES CONSULTANTS LTD.
Exhibit A -- continued
KENAI MUNICIPAL AIRPORT MASTER PLAN
INVOICE
March 1996
Total
Total
Hours
Amount Total
Hourly
Hours
Amount
This
This to
Name Rate
Previous
Previous
Period
Period Date
Principal $ 110.44
91.00
$10,050.04
40.00
$ 4,417.60 - $14,467.64
Sr. Consultant 99.75
20350
20,299.13
37.00
3,690.75-" 23,989.88
Consultant 65.78
90.00
5,920.20
28.00
1,841.84 v 7,762.04
Associate 58.14
81.50
4,738.41
12.00
697.68 5,436.09
Tech./Graphics 49.99
127.00
6,348.7,34
27.00
1,349.73- 7,698.447
Clerical 40.01
51.25
2,050.51 23.00
920.23 2.970.74
644.25
$49,407.( 3
167.00
$12,917.83�' $62,324.),$
Total Labor
see �rlo(
Expenses
1 Nuo tcee
Airfare
1,992.00
am- -ras 1,469.00'ec"I 3,461.00
c`� �. L �i 1=a•c�
Hotel
434.43
692.74 (.1,3.41
Auto
384.17
&J.SAtlow pw --kA�
28f.fS665;5$ �a3 35
Subsistence
138.04
A►
128.78 mac' 266.82
Other (telephone, postage, etc.)
464.37
194.87 659.24
Total Expenses
$3,413.01
53.�coc. Q9
Q '', - $t s. 973.90
3 A.
3
Subtotal
$52,820.04
s %
$7
448. 76
Subcontracts
Geonex
26,800.00
0.00 26,800.00
Dynatest
11,496.00
0.00 11,496.00
Wince-Corthell-Bryson
28,228.80 28.80
0.00 28,228.80
Total Subcontracts
$66,524.80
$ 0.00 $66,524.80
TOTAL LWOICE $119,344.84 W;24"
4 15, 1-7Q. -7d. S 134, Sal 56
TONY KNOWLES, 6 '�
DEPT. OF ENVIRONMENTAL CONSERVATION
FACILITY CONSTRUCTION AND OPERATION
410 WILLOUGHBY AVENUE, JUNEAU, ALASKA 99801
Telephone:
(907) 465-5180
Cpvq c►L
Fax:
(907) 465-5177
April 8, 1996
FOR LuUNtaL MELTING OF-�=L�7�
�'Ity wtyr. —[] Attorney
=UiPublic works —p City Clerk
—% Finai ce —Q �-w
Dear Municipality: Original ToSubmitted By--F—
p ty: :ouncil OK []NO []Yea Ck—
Your assistance is needed in updating the Alaska Clean Water Fund (ACWF) priority list. In mid -
April, 1995, questionnaires were mailed to you and other potential applicants to ascertain interest in
obtaining a loan from the ACWF. Based on the needs documented in the previous questionnaires,
a priority list (enclosed) was established.
The funding from the federal government will only be available for a limited time. If we are unable
to obligate these funds through loan agreements, the funding will go back to the federal treasury
and will not be available for Alaskan projects. For that reason, it is essential that we prepare an
updated priority list that reflects the current interest in loan projects. This will ensure that money
will be available during the next fiscal year for your projects, should you need it. For each new
project, please complete a questionnaire and return it by May 17, 1996.
The enclosed ACWF questionnaire provides an opportunity for you to identify those additional
wastewater, solid waste, non -point source pollution or estuary conservation projects you would
like to have considered for loan funding. Please make copies of the questionnaire and fill out one
for each new project. The information you submit will be used to update our priority list.
Sincerely,
/" 66r_��
Mike Burns, Chief
Municipal Grants and Loans
Enclosure One: Alaska Clean Water Fund 1995/96 Priority List
Enclosure Two: Alaska Clean Water Fund Questionnaire
cc: Lee Daneker/EPA-Region X, Seattle
Deborah Verrelli/EPA-Alaska Operations Office, Juneau
Mike Lewis/ADEC-Municipal Grants & Loan, Anchorage
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ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ALASKA CLEAN WATER LOAN FUND QUESTIONNAIRE
ROW
Please complete this questionnaire for each project you anticipate requesting loan fund assistance
from the Alaska Clean Water Loan Fund Program (ACWF), Department of Environmental
Conservation (ADEC). The information you provide will be used to justify a funding request to the
U.S. Environmental Protection Agency.
GENERAL INFORMATION:
1. Date:
2. Name
3. Position or Title:
4. Phone Number:
5. Municipality Represented:
6. Address:
JL
7. City
8. Zip:
GENERAL PROJECT INFORMATION4
9. Project Title:
F
1 0• Project Type (check the appropriate project description):
New sewage treatment plant
Rehabilitation or expansion of existing sewerage facility
Infiltration/inflow removal/correction
Construct new interceptor sewers, pump stations, and appurtenances
New Sanitary landfill
Rehabilitation or expansion of existing solid waste facility
Other non -point source project
Estuary conservation or enhancement
Other
1 i . Please describe, briefly, any public health or environmental hazards that will be
corrected by this project.
SPECIFIC PROJECT INFORMATION
12. Please estimate the population which will benefit from this project.
13. Please describe the planning which has taken place, to date, for this project
by checking the appropriate statements:_,
a. Engineering plans and specifications have been prepared.
b. A feasibility study which addresses the need for this project
has been prepared.
c. A comprehensive study which addresses the need for this project
has been prepared.
d. An environmental assessment has been prepared or
published for this project.'-g
e. None of the above have been prepared.
Comments:
14. How much will your loan request to ADEC be for this project? (May be up to
100 percent of the total project costs). $
15. If funds were made available through this program, when do you estimate
construction would begin on this project?
16. Projected source of loan repayment:
_ User Fees
General Funds
Other
17. Total project costs are estimated as follows:
Administration $
Engineering and Inspection $
Construction $
Equipment $
Other (Contingency) $
Total
Cost estimated by:
Name
Title or Position
Phone Number
CITY OF KENAI ,:,,/�, �
„ Od eap ,cal ° j y4142,--,._
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
a,
,III�1
�o
LJadN uu. ibtuck
Kenai Peninsula Global Releaf � G
He ; 3 f3ox 5759.
Dear Wade, �14T -4
,
The l.enai Parks & Recreation Department would certainly like to receive some of
the bees left over h om your tree sale in May.
We now have a small Qreenhouse in operation and could probably utilize that foi
staiting the smaller trees. We would be disirous of six of each species if available.
The Mayday tree has done well in our parks so would probably take a dozen of
those if available after your sale.
We will be able to pick up the trees when ready. We certainly appreciate your
generous offer.
^inc�r�,ly,
Ka o McGillivray
���k� ^eereation Director
1996 TREE SALE
KENAI PENINSULA GLOBAL RELEAF
HC-3 BOX 5752
SOLDOTNA, ALASKA 99669
262-3289
NAME (LAST): (FIRST)
STREET OR BOX: CITY:
STATE: ZIP: PHONE:
NAME OF ITEM
APPROX
SIZE
UNIT
PRICE
QTY
TOTAL
AMOUNT
LODGE POLE PINE
12"- 15"
$2.00
*BLACK HILLS SPRUCE
3"- 9"
$2.00
COLORAD0 BLUE SPRUCE
12"- 15"
$3.00
*COLORADO MISTY BLUE SPRUCE
9"- 12"
$3.00
NORWAY PINE I18"- 24" I$4.00
*SIBERIAN ELM
41- 5'
$4.00
MAY DAY
31- 4'
$4.00
RED OSIER DOGWOOD
31- 4'
$4.00
ROSE TREE OF CHINA
31- 5'
$7.00
T-SHIRTS (LONG SLEEVE)
I
$15.00
* = EXPERIMENTAL
TOTAL AMOUNT DUE• S
TOTAL AMOUNT PAID: $
GOODS RECEIVED
Soldotna Godfathers Pizza
GOODS ORDERED/PICK UP DATE & LOCATION: May 18, 1996 (9:00-2:00)
(TREE ORDERS NOT PICKED UP WILL BE DONATED TO A PUBLIC PROJECT)
WOULD LIKE TO BE INVOLVED WITH FUTURE GLOBAL RELEAF PROJECTS
(ORDERS BY MAIL MUST BE POSTMARKED WITH FULL PAYMENT BY MAY 6, 1996)
April 17, 1996
Dear Community Representative:
Kenai Peninsula Global Releaf
HC3 Box 5752
Soldotna, Alaska. 99669
(907) 262-3289 a (907) 262-2815
arc APR 1996
Oft Cifi� �I
QstisZ�;
The Kenai Peninsula Chapter of Global Releaf is extending an
invitation to your community.
Each year Global Releaf conducts a tree sale to provide Peninsula
residents an economical means for planting trees around our
communities. And each year, we have some trees left over after the
conclusion of our tree sale.
Does your community have an interest in planting some of the trees
we will have available after our sale? These trees will be
provided to your community at no cost! However, we will rely upon
your community to coordinate picking up these trees from us or pay
for shipping to your location as applicable.
If you desire to receive trees for planting in your area, please
send a letter advising us of your interest to the address above.
To assist us in this endeavor, please send your letter by May 17,
1996. We will appreciate if you can plan for tree shipment or pick
up on Tuesday, May 21, 1996.
The Kenai Peninsula Chapter of Global Releaf is sponsoring tree
sale events this year in the Kenai-Soldotna and Homer communities.
Final coordination for a tree sale in the Moose Pass area is
underway. The tree sales will be conducted on May is & 20, 1996.
Obviously, we will not know the number of trees or the species mix
we will have available for you until after the conclusion of our
sale events. Our nursery orders this year are for 9 species and
just over 2,500 trees.
Enclosed is an order form that Global Releaf has developed for this
year's tree sale and indicates the tree species we have available
for 1996.
If your community has an interest in receiving particular species
or type of trees (conifer versus deciduous), please advise of this
"Helping Alaskans Plant Trees"
information in your letter. If you have a maximum number of trees
you can work with, regardless of species, please also provide this
information. We will accommodate you the best we can based upon
tree availability.
If you desire to receive trees, we encourage you to begin planning
now for the planting operation. The trees will be bare -root stock
so you will need to keep them moist and plant the trees quickly
after picking them up. Please review your community for a planting
location which will be beneficial to the residents while providing
good soil and sunlight conditions so the trees may proper.
The Kenai Peninsula Chapter of Global Releaf is entirely a
volunteer organization. Our membership consists of interested
folks who have joined together in the purpose and ambition of
helping the Kenai Peninsula communities plant trees. If you know
of someone who might be interested in joining our volunteer group,
please ask them to contact us. We always welcome and appreciate
new members in our organization.
Sincerely,
Yam/ 7-
1
Wade W. Wahren rock Date
Global Releaf Secretary
MARK O- HATFIELD. OREGON. CHAIRMAN
TED' TEVENS. ALASKA
ROBERT C. BYRD. WEST VIRGINIA
Thi -) COCHRAN, MISSISSIPPI
DANIEL IL INOUYE, HAWAK
ARLEN SPECTER. PENNSYLVANIA
ERNEST F. HOLLINGS. SOUTH CAROLINA
PETE V. DOMENICI. NEW MEXICO
J. 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
HITCH MCCONNELL KENTUCKY
TOM HARKIN. IOWA
VIE MACK. FLORIDA
BARBARA A. MIKULSKI. MARYLAND
AD BURNS, MONTANA
HARRY REID. NEVADA
ARD C. SHELBY. ALABAMA
J. ROBERT KERREY. NEBRASKA
"MES M. AFFORDS. VERMONT
HERB KOHL WISCONSIN
JUDD GREGG. NEW HAMPSHIRE
PATTY MURRAY, WASHINGTON
ROBERT F. BENNETT, UTAH
J. KEITH KENNEDY, STAFF DIRECTOR
JAMES H. ENGLISH,
MINORITY STAFF DIRECTOR
The Honorable John J. Williams
Mayor
City of Kenai
210 Fidalgo Avenue
Kenai, Alaska 99611
Dear John:
Unittd Staten o'btnatt
COMMITTEE ON APPROPRIATIONS
WASHINGTON, DC 20510-6025
April 15, 1996
M11
Enclosed is a copy of a letter I received from the Federal
Aviation Administration in response to the inquiry I had made on
your behalf regarding the proposed regional firefighting training
facility at Kenai.
I hope this information proves of use to you.
With best wishes,
11�a,��021�►�`'�as
APR 9s N
x N
+BEN. w �o�ser
9c�£
Lis ly,
ZZ}EVENS
U.S. Department
of Transportation
Federal Aviation
Administration
MAR - 4 1996
The Honorable Ted Stevens
United States Senate
Washington, D.C. 20510
Dear Senator Stevens:
Alaskan Region 222 W. 7th Avenue *14
Anchorage, Alaska
,96 MAR ' , PM ' i 219513-7587
r� APR I996N1
c' CITYco
t Ir1) co
O �o�',T r F KF a i O�co
49
Thank you for your interest in the proposed Regional Aircraft Rescue and Fire
Fighting (ARFF) Training Facility at Kenai.
The Alaskan Region Airports Division has been working closely with both the
City of Kenai's Airport Management and the Fire Department to assist them
through the process to enable this project to be considered for Airport
Improvement Program (AIP) funding.
A Regional ARFF Training Facility is an eligible item of development under the
AIP grant program. We strongly support the concept of a regional ARFF training
facility.
In order to pursue AIP funds, the FAA must ensure there is a commitment from
the majority of the Part 139 airport operators in the State to accomplish the
ARFF training required under Federal Aviation Regulations (FAR) Part 139,
Certificate and Operations: Land Airports Serving Certain Air Carriers, at the
proposed facility. During our recent meetings on this subject, November 8, 1995
and February 22, 1996, we advised the City that the next step in the process is
to obtain a commitment from State of Alaska, Department of Transportation and
Public Facilities (DOTPF), that the proposed facility would be used, to
accomplish DOTPF's training requirements. DOTPF owns and operates the
majority of the airports within the State of Alaska. We understand that the City
has begun the process of working with DOTPF but has not yet received a firm
commitment.
We expect to fund only one regional ARFF training facility within the State of
Alaska. We are aware of another proposal for such a facility.
2
We look forward to continuing to assist the City of Kenai throughout this
process.
Sincerely,
��G��
Andrew S. Billick
Regional Administrator
Enclosure
Transmitted Correspondence
U.S. Department
of Transportation
Federal Aviation
Administration
April 16, 1996
Alaskan Region
Mr. John Williams, Mayor
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Re: Kenai EOF land
Dear Mayor Williams:
222 W. 7th Avenue #14
Anchorage, AK 99513-7587
Please refer to my letter of March 18, 1996 concerning the Kenai EOF.
APR
After a more extensive search of a contractor that could relocate the HF radio
tower we have come up with a more accurate cost for relocation. It now appears
that the figure will run between $70,000 and $120,000 for the relocation.
Again the relocation is dependent on the availability of funds and an appropriate
new location.
As I receive further information I will keep you informed.
If you have any questions, please feel free to call me at (907)271-5875.
Sincerely,
yJames
L. Oliver, Sr.
Realty Specialist
Property and Services Branch
cc: Kenai City Manager
Mike Tarr
U.S. Department
of Traruportation
Federd Aviation
Adminishation
April 18, 1996
Alaskan Region
Kenai Automated Flight Service Station
Thomas Manninen
City Manager, City of Kenai
210 Fidalgo Ave. Suite 200
Kenai, AK 99611-7794
Mr. Manninen:
eC
470 Nortr.
Kenai, AK 99611 IL
Phone: (907) 283-3735
Fax: (907) 283-4391
RECEIVED ,
aPP
CITY ADMIN. OF KENAI
Kenai Automated Flight Service Station (AFSS) has outgrown the available office space
needed to efficiently complete our mission of providing quality service to the pilots of
South Central and Southwest Alaska. In addition, Kenai Airways Facilities Sector Field
Office (SFO) space requirements have grown and need a permanent home instead of
leased office/shop space.
An addition to the current AFSS facility is highly desired to meet the present and future
needs of the Federal Aviation Administration in Kenai. This addition includes the
following space requirements:
Office and other additional areas for the AFSS:
Break room remodeling/expansion
324 sq. ft.
Locker room remodeling/expansion
100 sq. ft.
Access space, hails, etc.
300 sq. ft.
1 - 11 x 15 office
165 sq. ft.
1 - 11 x 15 office
165 sq. ft.
1 - 16 x16 Conference room
256 sq. ft.
1 - 16 x 16 Storage room
256 sq. ft.
Total AFSS additional space
1566 sq. ft.
A new, permanent structure for the SFO would permit the FAA to vacate leased space in
the building adjacent to Federal Express. This new building includes the following space
requirements:
2
Office, storage, and shop needs for the SFO:
5 - 11 x15 offices 825 sq. ft.
1 - 11 x 15 storage area 165 sq. ft.
1 - 12 x 16 office 192 sq. ft.
1 - 8 x 12 training office 96 sq. ft.
1 - 16 x 26 shipping and receiving area 416 sq. ft.
(with overhead door)
1 - 30 x 40 shop * 1200 sq.
Total SFO space. 2894 sq. ft.
Total Kenai AFSS/SFO building needs. 4460 sq. ft.
* Special requirements for the shop area:
floor drain
electric opened overhead door 14 ft wide x 16 ft high
two 200 volt service outlets
deep sink with hot and cold water
intake louvers and exhaust fan with modutrol motor controlled louvers
space heating to a minimum of 72 degrees all year
Other needs include paved parking and equipment storage areas for the SFO. If
practicable, 500 sq. ft. of covered or indoor parking for equipment is desirable as well as
approximately 90 sq. ft. of separate storage of flammable liquids, equipment, gas, etc.
The AFSS may need remodeled or expanded paved parking to accommodate possible
changes to the current structure.
We felt actual floor plans would be impractical for your review. Structural, HVAC,
electrical, and other concerns would have to be addressed by engineers to determine
where expansion to the AFSS could be placed. We would like to have any additions to
the AFSS be attached to, or integrated into, the existing structure. If you have any
questions, please contact Mike Tarr at 907-283-3735.
Sincerely,
2
Y
j Micha A.iarr
Manager, Kenai Automated Flight
Service Station
April 22, 1996
CITY OF KENAI A�,g
it Gd eC4 fZi&l °j 41ad,
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
- — Tar.�oair
'IIII�
1"2
VIA FAX
President Drew Scalzi and the Assembly Members of the Kenai Peninsula Borough
144 N. Binkley Street
Soldotna, AK 99669
Re: Kenai Peninsula Borough Ordinance 96-06
This letter is to inform the Assembly of the Kenai City Council's position on Kenai
Peninsula Borough Ordinance 96-06. As you, more than anyone know, this has been a
long and difficult process for those involved in the debate, no matter what their
respective positions are regarding the need or wisdom of the ordinance. After much
thought, our position is that land within the City should not be included in the
ordinance. Accordingly, the Kenai City Council cannot support the passage of KPB
Ordinance 96-06.
If the ordinance passes, the City will not take over responsibility for administration or
enforcement of the ordinance as allowed under KPB 21.18.100. The City intends to
allow the Borough to assume the enforcement, administration (and accompanying
liability) for the ordinance.
Thank you in advance for your consideration of the City's position on this matter.
CITY OF KENAI
Joh . Williams
Ma or
JJW/kh
C:\WPD0CS\W0RK\JJWATR
CITY OF KENP a-9
,. Gd ezpiw 4 4&c"94%ow
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
ar
April 17, 1996
Bruce Phelps, Manager
Division of Lands
Department of Natural Resources
3601 C Street
Anchorage, AK 99503
Re: Potential Land Swap
Thank you for meeting with Mayor Williams, Tom Manninen, Jack La Shot and I
yesterday to discuss your department's proposal for a potential land swap. One of the
possibilities we examined was an exchange that would enable the City to sell two blocks
along Lawton Street, adjacent to the Kenai Golf Course. We would like to sell the
property for residential development. The City owns the property; however, in 1980 it
was dedicated to outdoor recreation.
Joy Bryan and Brian Badden with Alaska State Parks are familiar with our situation at
the Kenai Golf Course. They have been in contact with the National Park Service on
our behalf. Unfortunately, National Parks maintains that because the two blocks are
within the dedicated area, the property can't be sold.
Enclosed is a partial as -built survey of the golf course area for your information. It
indicates the dedicated outdoor recreation land and the blocks within it we wish to sell.
As we discussed in our meeting, perhaps an arrangement can be made to exchange some
of Kenai's wetlands for the release of the property adjacent to the golf course.
If you have any questions about this matter, or wish to speak with any of us about this
further, please contact us at 283-7530.
Sincerely,
m Howard
Administrative Assistant
Enclosure
cc: ayor John Williams
Tom Manninen, City Manager
Jack La Shot, City Engineer
.,olA&,A.4.e 4a
KENAI POLICE DEPT.
107 SOUTH WILLOW ST., KENAI, ALASKA 99611
TELEPHONE: (907) 283-7879 • FAX (907) 283-2267
TO: Kenai City Council
THROUGH: Thomas J. Manninen, City Manager
-I-
FROM:, Daniel Morris, Chief of Police
DATE: April 22, 1996
RE: First Quarter Report
During the first quarter of 1996, calls for service have increased approximately 4% over
1995. Reported crimes have increased about 5% over last year (see attachment). The
category with the largest increase is in Part II crimes, while Part I crimes decreased
slightly.
Traffic collisions have decreased slightly from 110 in 1995 to 106 in 1996.
During the next quarter calls for service will increase from the current 500 per month
and peak in July at about 700. With the extended dipnet fishery and seasonal influx of
people we expect a busy summer.
DLM:ge
March 1 Q�Ca
MONTH YEAR
PART I
Reported Actual Cleared arrest Prior Year
Offenses Unfounded Offenses or exceptional Year to Date to Date
HOMICIDE ---------------
RAPE -------------------
ROBBERY ______________.
ASSAULT ------
DOMESTIC ASSAULT-----
B U R G LA RYII------,-------
LARCENY_-4---J��rtd S1-`
MOTOR VEHICLE THEFT_
TOTAL PART 1_______
PART 111
s
WARRANT _-____-_______
TRAFFIC ----------------
CUSTODY ---------------
FUGITIVE---------------
TOTAL PART III
53 I S I 4!; I a 1 13 A I '1w I
Reported Actual Cleared arrest Prior Year
Offenses Unfounded Offenses or exceptional Year to Date to Date
19
o
Is
t8I
UPI
ya
a3
o
a3
�3
5-7
55
o
I o
p
o
o
a
o
—T/ 0-7 10
TOTAL 1, 11, pl ---------- I Lz 111 V 59 Z
MONTH YEAR
PART 11
ARSON ------------------
FORGERY ---------------
FRAUD -----------------
E M 8 E=LE M ENT--------
REC. STOLEN PROPERTY
VANDALISM -------------
WEAPONS ---------------
P R C S TITU TI O N---------.
SEX OFFENSE ----------
DRUGS --------
GAM8LING-------------
AMILY OFFENSE -------
owl------------ --.....
LIQUOR LAWS ----------
DISORDERLY CONDUCT.
DOMESTIC I DC ---
ALL OTHERS -----------
RUNAWAY --------------
OFFICER ASSAULT-----.
TOTAL PART 11
Reported
Offenses
Actual Cleared arrest Prior Year
Unfounded Offenses or exceptional Year to Date ;o Date
I
I
�
-v
I
Tnis edition Koniag, Inc.
sponsored by
• r:
Apri11996 A monthly publication of the Resource Development Council, Inc.
•
Northstar
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Northstar oil offers
Alaskans newjobs,
future opportunities
by
Frank Baker
Pending legislative approval and
acquisition of necessary permits. con-
struction could begin in 1997 on the
Northstar oil field near Prudhoe Bay.
with first production following in 1999.
injecting aboutS1 billion into the state s
economy and ushering in a new era of
in -state oil facility manufacturing.
Governor Tony Knowles and BP
Exploration reached agreement Marcn
21 on a proposal to develop Northstar.
an offshore oil field in the Beaufort Sea.
With about 130 million barreis c;
recoverable oil. Northstar lies in state
and federal waters about six miles north
of Prudhoe Bay. It was originally leased
in 1979 by Amerada Hess. but never
developed because the company
deemed it uneconomic.
See related article. page 3
"Northstar has been in the deep
freeze for 16 years because it's been
too expensive to develop." said
Governor Knowles in a March 21
release. -Innovative technology and
cost-cutting by BP and tough negotiating
by the state will bring this important
project on line at a time when Prudhoe
Bay is declining," he said.
Under terms of this agreement, the
State would receive a 20 percent royalty,
which is the state's ownership share of
oil and gas. The state could also collect
an additional 7.5 percent in
supplemental royalties and taxes as oil
prices increase. That will generate at
least 5430 million from royalties and
taxes, including an estimated $37 million
in supplemental royalties to the state
treasury.
In turn. the agreement eliminates
the current net profitterms of the leases.
Under net profit terms, a company
shares its profits after its development
costs. Under the original terms of the
17-year old Northstar lease, which
envisioned oil prices double or triple
those of today, Alaska was slated to
receive about 90 percent of net profits.
But through those original terms. state
officials estimate Alaska would not
receive net profits until near the end of
the field's life. in about 2008. With the
new agreement. Alaska would receive
its revenues immediately upon
production in 1999.
Other terms:
• Use it or lose it provision: BP must
develop the field within a year or return
the leases and the wells to the state:
- BP also would pay $31 million in
ad valorem taxes to the North Slope
Borough and about 5260 million in taxes
and royalties to the federal govern-
ment;
• BP adopts a program to hire more
Alaska residents and use Alaska firms
in the fabrication of modules for the
project, valued at $40 to $50 million,
most likely in Anchorage. Thosefacilities
would otherwise be built in Canada or
(Continued to page 7)
From underground to 30,000 feet
Being underground for the first time
was awe-inspiring, especially in the
Alaska -Juneau Mine ( A-J), the Queen
of all gold mines in Alaska. Compara-
tively speaking, if the A-J was a ship. it
would be the star of the fleet. It is a
sleeping giant. deep in a mountain right
in Juneau. The A-J is a subsurface
masterpiece. a candidate for the eighth
Wonder of the World sort of thing.
The A-J started up in 1891 and is
the single largest gold producer in
Alaska's history. Historically. 54% of all
lode gold production in Alaska came
from the A-J. That's a pretty impressive
slice of a pie chart for a now dormant
TheResou[ce Development Council (RDC) isAlaska s
largest privately funded nonprofit economic develop-
ment: working to develop Alaska's natu-
ral resources in an orderty manner and to create a
broad -based, diversified economy while protecting
and enhancing the environment.
Executive Committee Officers
President ............................ Elizabeth Rensch
Sr. Vice President ................ Scott L. Thorson
Vice President ......................... John Sturgeon
Secretary .............................. Gerald G. Booth
Treasurer ......... --_____................ Allen Bingham
Past President ........................ David J. Parish
Staff
Executive Director ..................... Becky L. Gay
Communications Director..... Carl R. Portman
Special Assistant/Finance ..... Judie Schneiter
Special Assistant ........................... Craig Lyon
Resource Review is the official monthly publication
of the Resource Development Council. RDC is lo-
cated at 121 W. Fireweed. Suite 250. Anchorage, AK
99503, (907) 276-0700. Fax: 276-3887
Material in the publication may be reprinted without
permission provided appropriate credit is given.
Writer & Editor
Carl Portman
gold mine. still promising riches beyond
belief.
Mining may be considered non-
renewable. but the A-J has a
sustainability about it that is impressive.
For an operation which will impact only
about 20 surface acres (of prior tailings
rock dump). bring 400 good -paying
resident jobs to Southeast Alaska and
spin off some of the best building rock in
the state while mining gold. the A-.'
project seems like a really positive
example. educational and economic.
Much to their credit. while working
through the rigorous permitting effort.
upgrading and cleaning up the existing
mine, along with hours of public out-
reach and technical problem -solving.
Echo Bay Mines has also spent time
and money making educational mine
trips available for the local residents.
young and old alike.
To the School of Mines, at the
Southeast branch of the University c`
Alaska. the A-J provides the premier
"hands on" experience. Nowondertha
to Juneau school kids, it's the numbe-
one choice for field trips. Nothing in a
classroom can breathe life into history
like donning a hardhat and miner's light.
rubber boots and safety gear to go
underground into the massive A-J.
It's a top field trip for many adults
too! I had been wanting to go for a few
years, but was nervous about the un-
derground experience. Trusting ml,"
guides. I followed. Even to my u^-
trained eye. the rock looked good anc
stable. Leaving the portal. I stopper
looking back once daylight was gone. i
didn't have enough time to go into the
farthest reaches of the mine. but I go -
an eyeful. traveling down tunnels in the
crew vehicles known as "mantrips."
The guides even honored m,.
request to turn off our headlamps for a
momentwhile standing in the cavernous
hoist room. In that moment, feeling and
seeing the deepest darkness
imaginable. it was hard notto think of all
those miners who went before us in this
very tunnel. Ghosts notwithstanding, it
was easy to imagine those long -gone
miners "rolling over in their graves" to
see what Echo Bay is going through to
re -open the mine.
The A-J is about as great as it gets.
It's a true mountain of gold. the inner
works of 200 miles of tunnels represent
human endeavor the likes of which I
can hardly imagine. The A-J, in its glory
days, was the biggest and best em-
ployer in Juneau. It still can be.
Spending $90 million and not havino
one permit seems excessive, even
America's wildest eco-extortioni_
dreams. It's apparent to even the smallest
child that the A-J is already a mine, not a
new development. The A-J awaits re-
opening, being brought up to modern
standards of production and safety by
the good men and women of Echo Bay.
In production, the A-J will once
again bring stable year-round jobs to
Juneau. If it weren't for new money
circulating throughout the economy.
most people wouldn't even know there
is a world -class mine right under their
noses. Since most of the work is under-
ground. aesthetics is not an issue.
As I flew home on Alaska Airlines.
I reflected on the range of technology I
had experienced in just five hours to
allow me to go from deep within a
mountain to 30.000 feet altitude. It is
simply amazing.
Later, as I arrived home safely. I
couldn't stop thinking about the A-J.
Best of all for Alaskans is that when the
mine is producing, more Alaskans ,_
be able return home at night and be,
their families after a hard day's work.
instead of returning to a bunk in a camp
or a lonely berth at sea.
Page 2 / RESOURCE REVIEW i APRIL 1996
Legislature should pass
Northstar legislation
Decision on OCS Lease Sale 149 is disappointing
In an era of budget cutting and
declining state revenues. the recently
negotiated Northstar pact is a refreshing
fr a
proposal that promises to generate
much needed boost to Alaska's !,
economy. The economic incentives
provided by a bill Governor Tony
Knowles has transmitted to the 1
Legislature to authorize, approve and
ratify the amendment of the Northstar
oil and gas leases will make it possible
for BP Exploration (Alaska), Inc. to invest
in the technology to develop the field. 1
Development of Northstar will
generate hundreds of millions of
new
dollars into the state treasury from
royalties and taxes and create hundreds
of new jobs. Those jobs will go to
Alaskans, as will the contracts to build
oil field modules. similar to the large
sealift-size modules that in the past
were assembled in the Lower 48. All of i,
this activity will generate new private economic
growth throughout the
Once Northstar is brought into
production and its pipeline is delivering
oil to the Trans -Alaska
rPipeline.
sother
known oil fields and p p
n the
area will become more attractive. With
the expansion of infrastructure. it is
very possible that Northstar will lead to
other development opportunities.
With only five weeks remaining in
this legislative session. it is very
important that lawmakers take
appropriate steps to consider and vote
on the Northstar proposal. For the
benefit of all Alaskans. the Legislature
should pass legislation allowing
Northstar to move forward.
With expansion of infrastructure.
development of new fields along Alaska s
oil frontier will become more likely.
of testimony and more than 50 public
meetings held in 12 communities with
local residents and stakeholder groups.
In response to concerns expressed by
local fishermen and others in the com-
munities of Homer, Nanwalek, Port
Graham and Ninilchik, some 17 sensi-
tive tracts have been removed from the
lease sale, includingthe Shelikof Straits.
While a well -organized opposition
has captured the media spotlight, there
are many residents who support the
sale. which would be the first in the area
in 14 years. Moreover, the Kena
Peninsula. Kodiak Island and the Lke
and Peninsula Boroughs supported
tri-borough agreement identifying keN
issues to be addressed before the sal(
proceeded. In response, the U.S
Minerals Management Service adde
stipulations to address the issue
identified by the Boroughs.
RDC strongly supports OCS Leas
Sale 149 and encourages Intem
Secretary Bruce Babbitt to allow tt
I sale to proceed as planned.
hil
The Governor is to be applauded Meanwe.RDChasbeenworki(
for his efforts to amend the Normsta- hard on a wide variety of issu
leases to promote development wnere mpa ling Al ska's basic
1 sdtaff ustries.IK
9 y
is
it otherwise might not occur. create is oeworkin9 include the Draft 1996 Sects
for Alaskans and revenue for the stag- 305(b) Water Quality Assessm(
While the Governor has been work Report, the 303(d) on impaired wa
ing hard to encourage oil and gas e [ - bodies list. watershed managem
velopmentontheNorthSlopeandbhny i tanning contaminated si
Northstar on line at the earliest possible
date, his recent decision opposing OCS
Lease Sale 149 in Cook Inlet was a
disappointment. In recent press ac-
counts. Governor Knowles noted "it was
a tough decision and it was close. but I
felt that the weight of the evidence was
preponderantly on the side of not nav-
ing this sale for this area.
RDC respectfully disagrees with
I the Governor as the oil and gas industry
has a solid. proven track record of suc-
cessful and environmentally-resoon
sible exploration. development ana oro
duction in Cook Inlet over the past 35
years. There have been countless "yours
p regulations, newly -proposed mix
zone regulations. Alaska test meth
for underground storage tanks. NPC
and wetlands permitting. Other iss
include a host of legislative initiat
on oil. gas. timber. land and ger,
access. RDC has also written the I
urging it to move forward with a prop(
j rule that would allow the federal aa,
to study the disposal of mine tai
from the A-J mine near Juneau
Stephens Passage. Anyone i^
regulated community wantina tc
more involved in these issues sl
call RDC.
APRIL 1996 / RESOURCE REVIEW
Co
urt orders new try at timber settlement
Judge gives timber interests seat at table in AWRTA lawsuit negotiations
The judge presiding over the law-
suit between the Alaska Wilderness
Recreation and Tourism Association
(AWRTA) and the U.S. Forest Service
has ordered ail parties involved in the
suit to negotiate a new settlement. As
a result, the timber industry will meet
at the negotiating table with the Clinton
administration and AWRTA to reach a
new settlement on the lawsuit that has
tied up 282 million board feet of timber
sales in the Tongass National Forest.
The Alaska Forest Association
(AFA) had intervened in the lawsuit.
but was excluded in the original
negotiations — between the Forest
Service and AWRTA— which led to
the proposed settlement. AFA
opposed the agreement, calling it a
"sham" which netted the timber
industry only a traction of the timber
that had been cleared for sale through
a multi -year NEPA process.
"It sounds to me like the judge is
saying if there's going to be a settle-
ment, it ought to be a settlement that
takes into account everyone's con-
cems," said Jack Phelps, Executive
Director of AFA.
In ordering all parties to the table
A lone logger works on a tree in the Tongass
National Forest where two-thirds of all
forested lands are closed to logging.
to negotiate a new settlement, the Court
expressed concern that the interests of
timbe r dependent families and commu-
nities were not given adequate consid-
eration in the proposed settlement.
Members of the Senate and House
Leadership recently filed an Amicus
Curiae brief strongly criticizing the origi-
nal settlement and demanding a new
round of negotiations that would bring
loggers to the table.
"We got what we asked for." said
Ketchikan Representative Bill Williams.
Knowles meets 1,
with timber
executives
Governor Tony Knowles met with officials of Louisiana
Pacific, the parent company of Ketchikan Pulp Company. in
a three-hour "get acquainted session" earlier this month to
exchange goais and issues.
"It is a policy of my administration to tell people who invest
in Alaska that we're open and ready for business." Knowles
said of his meeting with Mark Suwyn. Chairman and CEO of
Louisiana Pacific and Ralph Lewis. President and General
(Continued to page 5)
His comments were echoed by House
Speaker Gail Phillips who confirmed
"this is what we have been working so
hard to achieve — the chance to ne-
gotiate a fair settlement."
"The working families of South-
east are fighting for their economic
survival," said Wrangell Senator Robin
Taylor. "The Court realized that a fair
settlement with all parties involved is
necessary to help ensure the eco-
nomic future of Southeast Alaska,"
Taylor added. The Wrangell senator
said the Court's decision basically
accepted the Senate and House
leadership's position and "verified that
there are serious problems with the
position that the Governor supported."
The proposed settlement freed
only a fraction of the timber held hos-
tage by the AWRTA lawsuit. Due to
the economics of access and logisti-
cal considerations. only 46 million
board feet of the 282 million boarc
feet of timber would have been fea-
sible to harvest.
If the three parties — USFS,
AWRTAand industry —cannot agree
on a new settlement. the issue would
then be decided by the Court.
From the upper deck of a ship. KPC's Steve Connelly survt
million board feet of finished lumber from me company's sawmills at
Ward Cove and Metlakatla. With an annual payroll of $41 million.
KPC employs 900 people at its pulp and sawmill operations.
Page 4 / RESOURCE REVIEW i APRIL 1996
Multi -year study concludes Alaska's Forest Practices Act protects fish, stream habitat
A recent multi -year study has con-
cluded that modern logging operations
adhering to the guidelines of the Alaska
Forest Practices Act (FPA) do not have
an adverse impact on fish habitat and
stream channel conditions.
Prepared by Pentec Environmen-
tal for Sealaska Corporation and the
Alaska Forest Association, the report
evaluates the effectiveness of the FPA
in protecting fish habitat and channel
conditions. The report consolidates the
findings of 1992, 1993 and 1994 moni-
toring studies and is part of a continuing
investigation that will provide informa-
tion on FPA effectiveness in both the
short and long term.
The FPA specifies best
management practices (BMP) for
loggers to follow in preventing significant
adverse effects from timber harvest
activities on habitat and water quality.
1992, Pentec was contracted to
relop and implement a monitoring
On Montague Island, Koncor Forest Products will leave over 7 million board feet of timber,
valued at more than $5 million, in bufferzones on private lands where it is harvesting timber.
The buffers are required by the Alaska Forest Practices Act. The bufferzone pictured above
cuts through a timber harvest area on Montague Island in Prince William Sound.
(Continued to page 6)
KPC seeks contract extension, meets with Knowles
(Continued from page 4)
Manager of Ketchikan Pulp.
"I think we had a very productive meeting," Knowles said.
"He outlined to me some of his thoughts in terms of their role
in Alaska. We got down to some very specific issues relating
to the contract extension, the Tongass bill that is being
discussed in Congress, as well as some environmental
concerns that have been brought up concerning renovation
of the plant. These are all important issues to be discussed
and I think there's a lot of common ground where we can work
with one of Alaska's lead industries."
Ketchikan Pulp, whose 50-year timber supply contract
expires in 2004, is seeking congressional approval for a 15-
year extension to the contract. The company needs the
extension to secure financing for $200 million in improve-
ments to its Ketchikan facilities. Most of the improvements
would be directed at upgrading environmental controls. At
least $155 million would be spent to eliminate chlorine from
he pulping process and extend the outflow of plant effluents
Arther from Ketchikan.
The company has been told by its lenders that the eight
years remaining on its existing contract is not sufficient to
back $200 million in loans and that a contract extension would
be necessary before a commitment could be made on the
capital improvements.
Environmentalists strongly oppose any contract exten-
sion and Governor Knowles has not yet taken a position on
the issue.
Ketchikan Pulp spokesman Troy Reinhart acknowledged
the company is in for a fight in Washington where only
Congress can authorize a timber contract extension longer
than 10 years.
"Everything on the Tongass is a long uphill battle,"
Reinhart said. adding that the timing of contract extension
legislation may be crucial. Without the extension, Reinhart
said "it's an open issue" about what will happen to the
Ketchikan pulp mill and its two sawmills. The company is the
biggest provider of well -paying, private sector, year-round
jobs in Southeast Alaska.
With the Clinton administration locked in a furious battle
with the Alaska congressional delegation over the level of
logging in the Tongass. the contract extension issue may
have to wait until after the federal elections in November.
"The big question is who sits down there on Pennsylvania
Avenue." Reinhart said.
APRIL 1996 / RESOURCE REVIEW / Page 5
Cominco to expand Red
Dog production, deposit
may be world's largest
Cominco Alaska Inc., plans to
expand zinc and lead production at
the Red Dog Mine in Northwest
Alaska by more than 50 percent, and
by the year 2000 the mine is ex-
pected to produce more than 1 mil-
lion tons of ;ead and zinc concentrate
annuaily.
Accounting for five percent of the
world's zinc production, Red Dog now
produces about 620,000 tons of lead
and zinc concentrates each year.
Recent exploration programs
have led geologists to double
previous estimates of zinc and ore
reserves in the Red Dog district,
perhaps making Northwest Alaska
the richest area on Earth for zinc and
lead reserves. Cominco hopes that a
new exploration program this summer
will add even more reserves.
Cominco operates the Red Dog
mine in partnership with NANA
Regional Corporation, the landowner.
Speaking before a Resource
Development Council breakfast
forum in Anchorage last month. John
Rense, NANA's Senior Operating
Officer, pointed out that a new
discovery last summer near the mine
doubled Red Dog's ore body. Rense
explained that the original ore body
has about 68 million tons of ore
reserves remaining at 19 percent zinc
content. The new discovery has an
estimated 85 million tons of ore at
13.7 percent zinc content.
Rense, a former RDC president,
reported it will cost between $150
million to $175 million to expand Red
Dog's production and ore
transportation infrastructure. Rense
believes the potential is good for
new zinc and lead discoveries in the
Red Dog region where NANA owns
72 square miles of land around the
mine. As infrastructure expands near
the mine, there is an increasing
likelihood that some of the new
discoveries will be developed.
Despite the huge and growing
reserve base at Red Dog, Cominco
has yet to make a profit at the mine
after investing more than $500 million
on exploration, development and
production.
Shortly after production began at
Red Dog, zinc prices tumbled from
70 cents a pound in July 1990 to 40
cents a pound one year later. Although
prices haven't improved much in
subsequent years, operations at the
mine are running more efficiently and
production has increased, lowering
unit costs. Moreover, zinc prices are
expected to show modest gains in
the next year.
Cominco could turn a profit this
year, but it has a long way to go to
recoup its investment. The company
hopes that by sharply increasing
production at Red Dog, it will lower
unit costs, allowing the mine to be
more profitable even if prices remain
flat.
Cominco will be attempting to
lower costs by 2 cents to 3 cents a
pound. Each 1-cent improvement in
prices or reduction in costs adds about
$4 million annually to Red Dog's
revenues.
Rense noted that Red Dog is a
key component of the Northwest
Alaska economy, previously one of
the poorest in Alaska. Half of
Cominco's employees are NANA
shareholders from local villages.
As production increases atthe mine,
at least 70 permanent staff will be added
to a work force of about 400. Cominco
spends about S13 million on payroll. $30
million annually for fuel and supplies and
pays NANA a S4 million royalty, of which
70 percent is paid to other Native regional
corporations. The company also pays $3
million a year in local and state taxes.
Study
evaluates
forest law
(Continued from page 5)
program to collect data on fish habitat
and channel conditions from streams in
forested lands of coastal Alaska. The
objectives of the monitoring program
were to determine whether fish habitat
conditions have changed as a result of
forest practices and whether habitat
quality has been significantly affected
by timber operations.
From 1992 to 1994. stream surveys
were conducted in selected timber
management areas of Southeast
Alaska. the Kenai Peninsula and
Afognak Island. Stream basins with
varying levels of timber harvest were
surveyed during each year, and annual
surveys were repeated on several
streams.
The results of the Pentec study arb
based on three years of data that was
collected within one to seven years
following initiation of timber harvest
activities. The data was collected from
over 27 miles of streams in 10 different
basins.
The report finds the only change
that is certain is the increase in large
woody debris (LWD) from the riparian
buffer in some logged streams as a
result of blowdown. The increased LWD
is not expected to have a negative
effect on fish habitat because the
channel changes are local and the
amount of stream length affected is
small.
The study found that other habitat
conditions have changed in stream
reaches of both logged and unlogged
basins. but the magnitude and direction
of these changes are not discernible at
this time. The monitoring results suggest
no large habitat disturbances have
occurred to date and that ar
disturbances that may have occurr,
are relativelv subtle. None of the
changes have occurred at a level large
enough to affect fish productivity.
Page 6 / RESOURCE REVIEW / APRIL 1996
Oil and Gas Policy Council:
State must share in the risks to reap
rewards of future oil development
Alaska has long-term opportunities
on the North Slope with an estimated
8.4 billion barrels of undiscovered oil
and 6 billion barrels of known oil
reserves, but the state must share in
the risks if it wants to reap the rewards
of future oil and gas development, the
state Oil and Gas Policy Council
announced earlier this month.
The 14-member council presented
its recommendations to Governor Tony
Knowles after a full year of reviewing
regulations, fiscal policies and leasing
strategies affecting future oil and gas
development. The Governor
established the council last year.
directing the high-level group to
recommend ways for the state to be a
better partner with industry in creating
yobs, promoting future development and
.ielping offset the decline in Prudhoe
Bay production. It is composed of
commissioners, legislators, oil company
executives, labor representatives and
business leaders.
"From day one, we have remained
focused on those aspects Alaska can
change," said former state Natural
Resources Commissioner Esther
Wunnicke, who chaired the council. "We
cannot do anything about the amount of
oil and gas, where it is located and what
the market price will be. But we can
structure our fiscal, leasing and
regulatory policies to promote
development where it otherwise might
not occur, create jobs and revenue for
Alaska and protect the environment.
The council recommended mainline
production from existing oil fields such
as Prudhoe Bay continue operations
under the current royalty and regulatory
structure. Prudhoe Bay, Kuparuk.
Endicott and Point McIntyre currently
account for 98 percent of Alaska's
petroleum revenue. But the council
concluded Alaska needs to change the
way it does business to promote future
development of marginal fields and
enhance recovery efforts of producing
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Alaska's North Slope oil fields account for20 percent of America's domestic oil production.
fields. The report called on the Governor
and the Legislature to consider
investment tax credits for enhanced oil
recovery projects, targeted royalty relief
for marginal, mature and heavy oil
production and exploration incentive
credits.
The council also recommended
leasing changes that would reduce the
time period forwhich leases are offered,
provide work -commitment bids in place
of the more traditional bonus bids and
increase the statutory maximum lease
size from 5,760 acres in situations where
a well-defined prospect can be easily
covered in a single tract.
"It's clear to everyone that as
partners, we can do more and go further
in this age of enhanced oil recovery and
development of smaller, marginal fields,"
Knowles said at a news conference this
month on the council's recommendations.
"As partners. Alaskans recognize we
must accept some risk if we also want to
share inthe rewards. As partners. industry
recognizes that public policy. which
includes stewardship of the land and
jobs for Alaskans, is an integral part of
the process.'-
Northstar...
(Continued from page 1)
the Lower 48.
Since Northstar reserves are
beyond the reach of directional drilling
from shore, BP proposes developing
the reservoir from Seal Island, a small
gravel island in about 40 feet of water.
BP would expand the island to five
acres, using concrete matting for slope
protection. A single pipeline with
offshore and onshore segments is the
most practical option for transporting oil
ashore. Once onshore, the pipeline
would be routed above ground to the
trans -Alaska pipeline.
While Northstar will feature the first
buried subsea pipeline in the Alaskan
Beaufort, this technology has been
tested and proven in the Canadian Arc-
tic. The pipeline will be buried well be -
I low ice scour. and most of it will be
inside the barrier islands, where scour-
ing is limited. It will also be protected by
state-of-the-art systems.
APRIL 1996 / RESOURCE REVIEW / Page 7
jC0JVJFAC;, INC.
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' .NYF'CMIM.'dW • - ��r1l,+F•FM4rN, � �� � �.ui N- r
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Resource Development Council g e
121 W. Fireweed. Suite 250 Mayor John Williams I.
Anchorage, AK 99503
City of Kenai Anchorage. A
ADDRESS CORRECTION REQUESTED Permit No. 37
210 Fidalgo Ave., Suite 200
Kenai AK 99611
Page 8 / RESOURCE REVIEW / APRIL 1996
Resource Development Council
TOr cswa ha
H U R DA Y
Petroleum Club of Anchorage
NEW LOCATION: 3301 "C" STREET
April-May 1996
. • . • • • • • • • • • • • • • . • • • • • • . • • • • • • . • .
Reservations are required. Please call 276-0700 by noon Wednesday.
Doors open at 7 am., presentations begin at 7:30 a.m.
Members: Breakfast: $10.50, Coffee & Pastry: $5.50
Non -Members: Breakfast: $12.00, Coffee & Pastry: $6.00
April25: Forest Health Update: Insect & Disease
Conditions in Alaska
Jerry Boughton, Entomologist, U.S. Forest Service
and
Extending Ketchikan Pulp Company's
Timber Supply Contract
Troy Reinhart, Public Relations Manager, Ketchikan Pulp Company
May 2: Whittier Road Access: A Development
Forecast for Prince William Sound
Dave Morgan, City Manager, Whittier
May 9: Entrepreneurship, the Alaskan
Economy and Environment: A
Personal Philosophy on Survivorship
Dale R. Lindsey, CEO/President, Harbor Enterprises, Inc., Seward
May 16: Report on the Nineteenth Alaska Legislature
Senate President Drue Pearce and House Speaker Gail Phillips
May 23: Placer Dome U.S., Inc.:
The Mine Development Process
Jay K. Taylor. President & CEO, Placer Dome U.S., Inc.
CITY OF KENAI p _ 12
It Gd Capdaloi 4&&
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
a,
1"2
April 25, 1996
The Honorable Judy Salo
Senator, State of Alaska
State Capital
Juneau, AK 99811
RE: CITY OF KENAI COUNCIL'S OPPOSITION TO ANY "FISH TAX" FORMULA
CHANGE FROM THE EXISTING FISH PROCESSING TAX FORMULA DURING
THE CURRENT LE TIVE S SION
Dear Senator Salo:
At last night's Kenai udget meeting, the City Council
unanimously voiced their strong opposition to any change in the
State's current fish processing tax. In its FY97 budget, the
fish processing tax is projected to give the City of Kenai
approximately $175,000. Current proposals to change to a "fish
landing" tax from the City of Homer, concern Kenai as it probably
will have negative economic impacts on Kenai's FY97 fish tax
revenues by changing to a Homer proposed "landing tax" system.
Apparently, adverse financial impacts on the City of Kenai's FY97
and future fish tax may be significant enough to strongly urge
your vigilance. In a time of general government cutbacks, the
feeling of Kenai's Mayor and Council is that all municipalities
should ban together and "share the pain" of cutbacks rather than
to try to steal existing limited State shared resources from one
another. Currently, this is the commendable and honorable
philosophy of the Alaska Municipal League in banding
municipalities together to "share the pain" in SB20 for the
State's latest Municipal Assistance and revenue sharing cutbacks.
It is in this spirit that the City of Kenai feels any change in
the fish processing tax by the State of Alaska is unwarranted,
unfair, and untimely.
Please advise the Kenai Mayor and Council of any progress on
these matters as the legislative session continues and winds down
towards the hectic end. Mayor Williams and I will be in contact
Senator Judy Salo
April 25, 1996
Page 2
with you personally during the last week of the legislative
session and would try to be available for any testimony on
proposal that is up for consideration to change the fish
processing tax. As we hear more information, we will be in
with you. Please keep us advised. Thank you.
Sincerely,
Thomas J. Manninen
City Manager
cc: Mayor and
Department
Bob Scott,
City Council
Heads - for budget purposes
Salamatof Seafoods
any
touch
1791- 1991
CITY OF KENAI .
W Cgda( o� QxAd .
FAX
TO �/ I
FROM
210 Fidalgo, Suite 200
Kenai. Alaska 99611-7794
Phone 907-283-7535
Fax 907-283-3014
Date
Number of Pages 2
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MAY 1, 1996
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Richard Warrington - Head Injury Support Group
C. PUBLIC HEARINGS
1. Ordinance No. 1689-96 - Increasing Estimated Revenues
and Appropriations by $2,592 in the Senior Citizens --
Borough Special Revenue Fund.
2. Ordinance No. 1690-96 - Increasing Estimated Revenues
and Appropriations by $2,500 in the Senior Citizens --
Borough Special Revenue Fund for Needed Operating
Expenditures.
3. Resolution No. 96-31 - Setting Fees for Xerox Copies,
As Amended.
4. Resolution No. 96-32 - Accepting a Grant From the
Alaska Aerospace Development Corporation for the
Challenger Learning Center Feasibility Study.
5. Resolution No. 96-33 - Transferring $10,000 in the
General Fund for Shop Repair and Maintenance Supplies.
6. Resolution No. 96-34 - Awarding the 1996 Lease of the
Kenai Public Dock Station No. 2, to Snug Harbor
Seafoods, Inc. for $8,000 or $.0375/lb., Whichever is
Greater and the 1996 Lease of the Kenai Public Dock
Station No. 3, to Snug Harbor Seafoods, Inc. for
$10,100 or $.0375/lb., Whichever is Greater.
7. Resolution No. 96-35 - Adopting Certain Street Name
Changes to Eliminate Ambiguities and Establishing
Official Names for Kenai Streets.
8. Resolution No. 96-36 - Transferring $4,000 in the
General Fund for the Purchase of CSS1 for Annual Dust
Control Operations.
The public is invited to attend and participate.
Carol L. Freas
City Clerk
MAYOR'S REPORT
MAY 19 1996 COUNCIL MEETING
REQUESTED
CHANGES TO THE AGENDA BY:
ADD TO: B-1, Persons Scheduled to Be Heard - Information on Brain Awareness
Week and Traumatic Brain Injuries Support Group. CLERK
ADD TO: C-6, Substitute Resolution No. 96-34 - Change in price per pound.
C-6, Resolution No. 96-34 - R. Meier (R&J Seafoods) letter of
May 1, 1996. KORNELIS
ADD TO: D-7c, Challenger Learning Center Committee -
a. 4/30/96 Challenger Center acknowledgement of City of
Kenai as a site designation.
b. 4/25/96 Chancellor Gorsuch, University of Alaska
Anchorage - congratulations on site designation. WILLIAMS
ADD AS: H-13, Discussion - In -Lieu Water/Sewer Assessment Payment
Request of Jack O'Neil (Lot 3, Block 2, Thompson Park Addition). SWEENEY
ADD AS: I-5, Finance Director's Report - 4/26/96 DEC letter regarding
Request for Final Audit Waiver (East Side Sewer Interceptor and
Thompson Park Water/Sewer Mains) and Sweeney's response. SWEENEY
CONSENT AGENDA
MAYOR'S REPORT
1. Set evaluation of City Clerk Freas and City Attorney Graves for 5/15/96 council meeting.
INFORMATION LIST
Kenai City Council Meeting
of
May 1, 1996
1. 4/17/96 Council Meeting "To Do" List.
2. Pay Estimate No. 5 and Progress Report - Kenai Municipal
Airport Master Plan through March, 1996/Aries Consultants.
3. 4/8/96 DEC letter regarding Alaska Clean Water Fund priority
list update.
4. 4/96 K. McGillivray letter regarding Kenai Parks &
Recreation Department participation in Kenai Peninsula
Global Releaf distribution of trees.
5. 4/15/96 Senator Stevens cover letter to A. Billick, Regional
Administrator of FAA letter regarding Regional Aircraft
Rescue and Fire Fighting Training Facility in Kenai.
6. 4/16/96 J. Oliver, FAA letter regarding relocation of
antennae in Kenai.
7. 4/18/96 M. Tarr, FAA letter regarding Kenai Automated Flight
Service Station request for building addition.
8. 4/22/96 JJW letter to Kenai Peninsula Borough Assembly
regarding Kenai River Protection Ordinance No. 96-06.
9. 4/17/96 K. Howard letter to B. Phelps, Manager of the State
Division of Lands regarding meeting held to discuss
potential land swap.
10. 4/22/96 D. Morris, KPD memorandum with KPD First Quarter
Report.
11. 4/1996 Resource Development Council, Inc., Resource Review.
12. 4/25/96 TM memorandum regarding the city's opposition to
changes in the Fish Tax formula.
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COUNCIL MEETING DATE:
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The Clarion picks their packet usually on Mondays. The portion of
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