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HomeMy WebLinkAbout1996-03-06 Council PacketKenai City Council Meeting Packet March 6, 1996 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 6, 1996 7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Kat Nielson - American Legion/50th Anniversary of World War II Commemorative Committee. 2. Vesta Leigh and Nancy Silverman - Snow Removal Concerns. 3. Bill Kluge - New Animal Shelter. C. PUBLIC HEARINGS 1, Ordinance No. 1675-96 - Amending Kenai Municipal Code, Personnel Regulations, Sections 23.25.070, 23.30.030, 23.30.110, 23.40.060, and 23.40.150. 2. Ordinance No. 1676-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. a. Substitute Ordinance No. 1676-96. 3. Ordinance No. 1677-96 - Increasing Estimated Revenues and Appropriations in a New Capital Project Fund Entitled "Water System Improvement Project-FY96" and in a New Capital Project Fund Entitled "Water System Improvement Telemetry Project-FY96." -1- D. E. F. G. H. 4. Resolution No. 96-18 - In Support of the Alaska Children's Trust. a. Remove from Table. b. Consideration of Resolution. 5. *1996/97 Liquor License Renewal Application - Alaskalanes, Inc. - Recreational Site. 6. *1996/97 Liquor License Renewal Application - Pizza Hut #9 - Restaurant/Eating Place. 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 MINUTES 1. *Regular Meeting of February 21, 1996. CORRESPONDENCE OLD BUSINESS NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1678-96 - Increasing Estimated Revenues and Appropriations by $21,000 in the General Fund for the Purchase of Playground and Basketball Court Equipment. 4. *Ordinance No. 1679-96 - Increasing Estimated Revenues and Appropriations by $2,700 in the General Fund for Library Books. -2- 5. *Ordinance No. 1680-96 - Increasing Estimated Revenues and Appropriations by $8,715 in the Water and Sewer Fund for the Spur Highway Water and Sewer Crossings. 6. *Ordinance No. 1681-96 - Increasing Estimated Revenues and Appropriations by $28,185 in the General Fund for Acquiring Consulting Services for the Design of the Animal Shelter. 7. Discussion - Scheduling of Budget Work Sessions. 8. Discussion - Master Plan of FAA/Daubenspeck and Senior Center Properties. EXECUTIVE SESSION I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -3- MAYOR'S REPORT MARCH 6, 1996 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: H-7, Discussion - 3/5/96 memorandum regarding tours of city facilities. MANNINEN ADD AS: I-2, City Manager Report - 3/5/96 TM memorandum regarding tours of city facilities. MANNINEN ADD AS: I-2, City Manager Report - 3/5/96 TM memorandum appointing Jay Sweeney as Acting City Manager. MANNINEN ADD AS: I-2, City Manager Report - 3/5/96 TM memorandum regarding redefining department heads as "exempt" employees... MANNINEN ADD AS: I-2, City Manager Report - 3/5/96 TM memorandum entitled, "State of Alaska's State -Wide Transportation Improvement Program 1996-1998 (STIP)." MANNINEN CONSENT AGENDA MAYOR'S REPORT 0 W W ix U3 O H Cs! O C o s 0 w a O � § Cr'� ti W K 7d O xJ C O H W W m O H v °n v m ►tee t� w m C M O V tr1 V O ►tee � coy ao ►e x w � a� a O o N r W bd 0 o A ~ m ►�! lv A !d hd C R 6"5 MEMORANDUM TO: Mayor Williams and City Council THROUGH, Tom Manninen, City Manager N( FROM: Keith Komelis, Public Works Dire (e DATE: March 1, 1996 SUBJECT: New Animal Shelter FOR: Council meeting of 3/6/96 As council directed, I have asked Mr. Bill Kluge to attend the March 6, 1996 council meeting. I have attached some pertinent information: 1. Kornelis letter to Kluge dated 2/22/96 - asking Kluge to come to 3/6/96 meeting 2. Kluge letter to Kornelis dated 2/15/96 - updated cost 3. Clark -Graves, Inc. construction cost estimate of 12/2/93 4. Floor plans 5. Springer, Building Maintenance, letter of 1/17/95 concerning existing building deficiencies 6. Godek, Animal Control, letter of 1/12196 justifying the new Animal Shelter KK/kw C:\WPDOCS\PROJECT\SHELTER\INFO.MEM CITY OF KENAI It GdezpzW of y4i"lam It 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-77: TELEPHONE 907-283-7535 FAX 907-283-3014 a 1IIII� i"2 February 22, 1996 Bill Kluge Kluge & Associates 130 Trading Bay, Suite 330 Kenai, AK 99611 Subject: • Kenai Animal Shelter Dear Bill: The Council of the City of Kenai would like you to give a presentation on the future Animal Control Center. They would like to go over the design schematics, site plan, cost estimate, and any other items pertaining to the Animal Shelter. Please plan on giving the presentation at the next council meeting of March 6, 1996. Any items that can be put in the council packets should be to me no later than Thursday, February 29. The Council would like to lower the construction cost down to $500,000. The Council may also introduce an ordinance appropriating the design funds at this meeting. Sincerely, Keith Komelis Public Works Director KK/kw cc: Bill Godek, Chief Animal Control Officer Tom Manninen, City Manager Jay Sweeney, Finance Director ASO ARCHITECTS 8 Ne9eS�es.� � � I91 � tl I1 IW � III IN � II IR fl 11 11 February 15, 1996 Keith Kornelis, Public Works Director C , /./- City of Kenai �6�f 210 Fidalgo Ave., Suite 200 Kenai, Alaska 99611 V, 'P"e�p,0 RE: KENAI ANIMAL SHELTER aQ/1Q6 "D15 e FOR COUNCIL Mi:t7iva d� City Mgr. Attomey ►yr utiic Works —p City Clerk Dear Mr. Kornelis, —p Finance --C Criglnal To--- Submitted Sy Council OK�� r-1No QYes Ck— As requested, I have contacted our consultants about producing Contract Documents for the referenced project. We originally commenced design of this project in July of 1993. The estimated cost of construction at the completion of Design Development drawings was $560,339. Projecting that estimate to construction in 1996, with an inflation rate of 2% per annum, results in a 1996 construction cost of $594,636. Our consultants have been alerted that revisions may be required to bring the project in at a lower construction cost. We propose to complete Contract Documents in accordance with the City's standard form of contract for a lump sum of $28,185. Upon notice to proceed, we anticipate completion of Contract Documents in a sixty day time frame. Please feel free to call if you have any questions or need more information. Sincerely, KLUGE & ASSOCIATES Bill Kluge, ncipal Architect BK/tw LOn 04cr) z (*- Qfl-m0On In V M ^ QtO Q 00 Q' co O y N Cam') ao cV Q Q O v - - r\ tcy cn cl) r- cr) e+) cn v> ao N y y V> y V> V>Vy Q> V> y 0 A..is c 0 • Y V _0 0_Q .p V N NV> V> g ae O O U II } m N 0 to d CD } uq O m 0 0 l is}p„i 1p'(4IL Ili HIP a �il3is €os�s 3,s€ €� i i � !, :,0 00� o 0 oe0000Joe //17 05- '466�ti MEMORANDUM tfitftttittitfilftftitfiffifftfi!!tlfiflflttttttftfttttlfttlittfttttf ftft!!t!! DATE: January 17, 1995 TO: Keith Kornelis, P.W.D. FROM: Robert Springer, B. (� SUBJECT: Animal Control Building ftfftttlfitttttttttftiftiff ttftffttftfttfilfiffftltfltttt!ltft#fftff#fflffttft After doing a building maintenance inspection of the Animal Control building, I found several areas of the building that will require extensive maintenance over the next year. I wanted to make you aware of these deficiencies and approximate costs to repair, prior to preparing the FY 95-96 budget. 1. Installation of new roof $10,000 2. Replacement and installation of heating system 9,000 3. Replacement of inoperable/deteriorated doors 5,000 4. Replacement of deteriorated lighting fixtures 4,000 5. Replacement of deteriorated exterior walls 10,000 6. Replacement of wall shields 2,000 7. Installation of air exchange system 8,000 8. Repaint entire building 4,000 9. Installation of emergency and exit lighting 2.000 TOTAL: 54,000 I question an expenditure of this size into a building that is grossly inadequate to begin with, but I see no other way to continue using this building with its many deficiencies. The longer we let these deficiencies exist, the sooner the possibility of a liability situation occurring due to a safety or health problem. MEMORANDUM TO: Keith Kornelis, Public Works Director FROM: Bill Godek, Chief Animal Control Officer DATE: January 12, 1996 SUBJECT: Justification For A New Animal Shelter There is some debate as to when the main kennel was first built. Some sources tell me it was built in the late 1960's. I have also been told it was built in the early 1970's. There are no existing plans that can be found. It is my understanding that the first shelter section was built with volunteer labor and materials. When I came on the job in 1982 the dog kennel had large holes in the walls to the outdoor runs. The dogs had dug through the marlite, dry wall, insulation and the T-1-11 wood walls. When looking into the interior of the walls I noticed fungus and mold growing on the rotted studs. The studs were decaying and black plaster board was crumbling from water damage. The insulation was matted and soaked from water used in cleaning operations. To cover the holes and prevent any more damage I had Miller Sheet metal put up four foot high metal sheets on the inside and outside walls. This helped, however water still ran down behind the metal continuing to cause damage. Because of the water damage discovered in 1982, the building inspector felt that the main kennel should be condemned. The present building maintenance person has discovered that the main kennel roofing material is down to tar paper from exposure to the weather. Building maintenance has told me that new roofing needs to be installed to solve this problem or we could loose the whole roof. Another structural problem with the main kennel is the frozen outdoor dog run drains. At least four times during the winter I have to call the Water and Sewer Department to thaw this drain. It is inconvenient for both departments to be doing this and also cuts into our efficiency. Contributing to the outdoor dog run drain freezing problem is the metal roof over the dog run. During winter snow and ice build on the roof causing sheets of ice to run off on the sidewalk, which in turn, glaciers into the outdoor drain. The metal roof is too weak to support a heavy load of snow and can be seen bending under the stress. It is not strong enough to support a person so clearing the snow has to be done by step ladder. Because of this we can only reach the first section of metal roofing, which is marginally adequate in heavy snow conditions. Ideally the outdoor run roof should have been built over the walk way with better support. Finally, the concrete slab the main kennel sits on has a major crack in it. Every break-up it gets a little worse. This shifting during break-up causes poor continuity in our phone line, disrupting our phone service which is vital to the shelter's operation. 1 In terms of dog health and safety in the main kennel, I have some serious concerns. These concerns are described below in detail. Presently, the main kennel area can hold up to ten adult dogs, however there are times that number is exceeded and dogs are kept on the outdoor dog runs. The problem is not so much a matter of room, (although that is a concern), it is that there are no concrete barriers between each dog run. Urine and fecal matter can be spread from one kennel to the next which can spread various canine diseases. Not to mention these same pathogens are absorbed into the wood walls for future exposure. No barriers also creates a problem when we have a sick or quarantined dog that can expose the general population to diseases, such as distemper or even rabies. Animals that are quarantined, for whatever reason, should always be separated from the other animals, even if it is with a simple barrier. It is preferable to have these animals in an isolated, separate kennel. The lack of kennel dividers lets the dogs fight with each other through the fence. This causes stress in the kennel for both the dogs and the attendant. I have often had to pry dogs jaws from the fencing mesh because they were stuck in it. Some dogs have been stuck over night. Puppies have been trapped between the bottom fence pipe and the floor. Fortunately, none have died in this manner, but it could happen if they were not discovered in time. The main kennel's heating system has proven insufficient when 10°F. At these temperatures urine freezes to the floor and walls, which also affects the insulation. Water bowls freeze up and the kennel run doors are frozen to the floor. Water has to be kept running so the main pipe, which comes out of the floor inside a kennel by a run door, doesn't freeze and burst. In extremely cold weather we turn up the heater, however the lower two feet of space stays cold with the same problems as described above. Puppies, short hair, and small dogs are provided with a blanket or card board box to help keep them warm. In the case of a sick or injured animal, we have a heating pad but hypothermia is still a concern because of the cold floor. No healthy dogs have, as of yet, died because of the heating system, but I am sure it is uncomfortable for them. Another problem is inadequate ventilation. Presently, there is no air exchange in the kennel that would ventilate any airborne viruses and bacteria to the outside and exchange it with fresh air. Most canine diseases are airborne in nature. Dogs breath in exposed air and they contract the disease. Because of the lack of barriers and saturated walls, this is an ever present problem in the main kennel. In the past we have had parvo out- breaks where most of the dogs, especially puppies, contract this fatal disease. In this case the only humane thing to do is euthanize those animals displaying symptoms and hope that the other dogs do not come down with the symptoms of parvo. It is essential that any new kennel structure have a proper air exchange system to help insure animal health. 2 Another topic that needs to be looked at is employee health and safety issues. First, there is the problem of high noise levels in the main kennel as a result of barking, howling and wailing dogs. The noise from their activities are so loud that sometimes we have to leave the kennel to talk. There have been times the puppies crying has hurt my ears. The noise echoes and reverberates off the walls. I have tried ear plugs, but then I can't hear the phone ring in the office. Modern kennels now have noise dampers that hang on the ceiling to help moderate this problem. I have seen them at the Anchorage Shelter and they do work. Employees are exposed to poor air quality while cleaning the kennels from no ventilation. Chlorine is the primary cleaning agent used in the shelter. It is one of the only chemicals that can kill canine diseases. When cleaning with hot water, a chlorine mist is produced which we are forced to breath. I am not sure what the health risks are with inhaling this mist but it burns eyes and drys out skin, even if wearing rubber gloves. The way the dog runs are set up also poses a problem when working in the main kennel. There are tight comers which snag skin and clothing. I have cut myself on these snags, not to mention the rusty nails that are found throughout the kennel. There has been several instances when I have bumped my head on the upper fencing pipes that frame the kennel doors because of poor height clearance. The kennel doors themselves are hard to open and pinch fingers when the latch is opened with the force required to do so. The main kennel gutter drain was put in the center of the kennel with a sloping slab to the gutter. This causes the kennel fluids to run into areas where the employees, and public, walk. It is not only unsanitary but there is the chance of slipping in urine puddles. Employees and the public have stumbled, and high heels get stuck, on the steel grate that covers the gutter drain. This brings up a question of liability. The second shelter section was built in 1979. Prior to 1985 when the present office complex was built, what is now the cat room was the office. At that time, the cats were housed in what is now the storage and euthanasia room. In terms of accessibility, the second addition has some problems. The second addition has four doors that enter the area, two of which go to the outside. Inside the second addition there are three doors which have to be opened to obtain access to the main kennel, office, cat room, and euthanasia room. So, to get to any area in the shelter, we must go through two doors in any direction. This redundancy of doors could pose a safety risk in the event of fire or earthquake. At times the door that leads outside from the euthanasia room can't be opened without physically forcing it open. The other outside door that leaves the cat room can't be opened from the outside, even when it's unlocked. The 1979 addition has water damage as well. Where the studs and metal corners meet the floor they have rotted and rusted. This is not as serious as the damage in the main kennel, but it needs to be repaired. 3 The cat room is too small for our needs. Not only is it cramped with no ventilation, but there are numerous times portable sky kennels have to be used to accommodate the over flow of cats. We can only house eight adult cats at a time. In 1982, when only 2% of our total shelter population was cats, there was no urgency, however, now cats make up close to half our animal intake which is a trend nation wide. We simply need a larger cat kennel. The euthanasia room in the second addition is very confined. When performing euthanasia we need adequate room in order to control a ferocious dog if needed. So far we have avoided any bites, however, I am concerned about future events. The third addition was built in 1984. It provided us with a bigger office, bathroom, and storage area. Unfortunately it does not meet our present needs. For example, when we hold our free rabies vaccination clinic, we do not have a large enough reception area for citizens and their dogs. It becomes very cramped and confusing when the clinic is being held. With a larger reception are, we would be able to speed up the process, keep the people out of the weather, and help alleviate some of the confusion of so many people talking at once. When groups come through for tours we have the same problem. If there were a larger reception area I could speak to the group more comfortably. The shelter has no disability access. With the new American Disabilities Act in effect, I am sure we are not in compliance. In terms of public relations and image through the public eye the shelter is somewhat of an embarrassment. Many times I am asked why the Soldotna Animal Shelter is so much nicer and more modem than Kenai's. I have been told the Soldotna Animal Control Officer has been asked the same question. Animal Shelters reflect the concerns of the community in regards to how it provides for unwanted pets. New residents of the city come to the shelter to obtain licenses and regulations about animals. When they see our shelter, I can tell they are not impressed. A city that has achieved the "All America City" status should not have the dubious status of a dilapidated animal shelter. Like the social problems that are related to our police and prisons, the social problems caused by unwanted and free roaming pets does not appear to be getting better. The problem of .Borough abandonments in our city grows, along with our human and pet population within the city. We simply can't function as an effective Animal Control Department, into the next century, without a new healthy and safe animal shelter. BG/kw C:\NPDOCS\DEPT\ANIMAL\SHELTER.REP 4 Suggested by: City Maliayat CITY OF KENAI NO. 1675-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, PERSONNEL REGULATIONS, SECTIONS 23.25.070, 23.30.030, 23.30.110, 23.40.060, AND 23.40.150. WHEREAS, the City Manager and staff have reviewed Title 23, Personnel Regulations; and WHEREAS, the City Manager recommends changes be made in Title 23. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code, Personnel Regulations, Sections 23.25.070, 23.30.030, 23.30.110, 23.40.060, and 23.40.150, be amended as follows: KMC 23.25.070 Acting Positions: Compensation during temporary assignment - an employee who is temporarily assigned and performs duties of [to] a position with a higher pay range for a period of [TEN (10)] five (5) consecutive days or more shall be paid at the first step of the higher pay range, or, he shall be granted a one step pay increase, whichever is higher, for the period worked in the temporary assignment. An employee who is temporarily assigned to a position with a lower pay range, for any period, shall not receive a reduction in pay. No such temporary assignment shall exceed six months. Such acting appointments shall be in writing and the employee must significantly perform the duties of the position. KMC 23.30.030 Probationary Period: (a) All original appointments including those that result from transfers shall be tentative and subject to a probationary period of not less than six (6) months consecutive service, except for [POLICE AND FIRE] Police, Fire, and Communications, which shall be normally twelve (12) months, subject to meeting criteria for certification which may be accomplished following six (6) months of service. Promotional appointment probationary period shall, for all personnel, be not less than six (6) months. (b) In cases where the responsibilities of a position are such that a longer period is necessary to demonstrate an employee's qualifications, the probationary period may be extended; however, no probationary period shall be extended beyond twelve (12) months, or eighteen (18) months for [POLICE AND FIRE] Police, Fire, and Communications. The employee shall be notified in writing of any extension and 1 of 4 the reasons therefor. (c) During the first six (6) months of original probationary period, a new employee [(INCLUDING POLICE AND FIRE)] (including Police, Fire, and Communications) shall not be eligible for annual leave benefits, but he shall earn annual leave credit from the first day of employment and may take leave for sickness during that period to the maximum of the amount of leave accrued. (d) Upon completion of the probationary period, the employee shall be considered as having satisfactorily demonstrated qualifications for the position, shall gain regular status, one step in pay raise, and shall be so informed through his supervisor. The employee's anniversary date shall be the first of the month in which the employee's original probation ends. Employees who have gained regular status at the effective date of this ordinance shall have their anniversary dates changed to the first of the month in which the employee's present anniversary date falls. (e) During the probationary period, a new hire may be terminated at any time without appeal. (f) In the case of promotional appointments, the promoted employee may be demoted at any time during the probationary period without appeal, provided that the probationary employee be reinstated in the class designation from which he was promoted, even though this necessitates the layoff of the employee occupying the position. KMC 23.30.110 Travel Expense: When employees are required to travel outside the City of City business, reimbursement, subject to advances received, for expenditures incurred shall be determined as follows: (a) Prior to traveling outside the City, the employee shall obtain permission for the trip and the mode of travel from the department head. (b) Travel on official business outside the City by one individual shall be via public carrier or City -owned vehicle whenever practical. If, for extenuating circumstances, the employee is authorized to use a private vehicle, total mileage shall be paid at the rate of $.[25]30 per mile. This rate includes all travel, insurance, and [STORAGE EXPENSES OF THE VEHICLE] fuel. (c) Those employees who habitually use their privately owned vehicle for City business shall be reimbursed $30.00 per month, subject to authorization by the City Manager. (d) The authorized per diem rates are $[30.00] 35.00 per full twenty-four hour day plus lodging expenses. Part days will be reimbursed for actual costs incurred, up to $[30.00] 35.00 per day. Claims for lodging expenses will be supported by receipts. KMC 23.40.060 Leave of Absence with Pay: Jal Employees may request leave of absence with pay for: 2 of 4 (1) Witness or Jury Duty: When a City employee is called for jury duty or is subpoenaed as a witness, he shall not suffer any loss of his regular City compensation during such absence; however, he shall be required to transfer any compensation he receives for the performance of such duty to the City. Time not worked because of such duty shall not affect annual leave accrual. (2) Military Leave: An employee who has successfully completed the probationary period and who is a member of the National Guard or a reserve component of the Armed Forces of the United States or of the United States Public Health Service shall be entitled, upon application, to a leave of absence from City service for a period not exceeding fifteen (15) calendar days in any one calendar year. Such leave shall be granted without loss of time, pay (difference between regular and military pay including COLA, but not including other regular allowances), or other leave, and without impairment of merit ratings or other rights or benefits to which he is entitled. Military leave with pay shall be granted only when an employee receives bona fide orders to temporary active or training duty, and shall not be paid if the employee does not return to his position immediately following the expiration of the period for which he was ordered to duty. (3) Conferences [AND]_, conventions and other related City business: Decisions concerning attendance at conferences, conventions, or other [MEETINGS] functions pertaining to City business at City expense shall be made by the department heads with the approval of the City Manager. Permission shall be granted on the basis of an employee's participation in or the direct relationship of (HIS WORK TO THE SUBJECT MATTER OF THE MEETING] the function to the City. Members of professional societies may be permitted to attend meetings of their society, when such attendance is considered to be in the best interest of the City. j41 Death in the immediate family: Leave of absence with pay is provided to assist an employee who must be absent from work as a result of a death in the immediate family. The employee's absence would be for funeral attendance, or to handle matters arising due to the death of an immediate family member, that cannot practicably be taken care of outside of regular business hours. Upon the City Manager's approval, employees shall be entitled to the following leave, which will not directly affect their personal leave account. Three working days, up to 24 hours maximum. KMC 23.40.150 Definitions: In KMC 23.40.130-140. (a) "Child" means an individual who is (1) Under 18 years of age; or (2) 18 years of age or older and incapable of self -care because of mental or physical disability; 3 of 4 (b) "Health care provider" means (a) a physician licensed under AS 08.64, or a dentist licensed under AS 08.36, or a psychologist licensed under AS 08.86; or (b) any other person determined by the Secretary of Labor to be capable of providing health care services. (c) "Licensed health care provider" means a physician licensed under AS 08.64 or a psychologist licensed under AS 08.86; (d) "Parent" means a biological or adoptive parent, a parent -in-law, or a step-parent; (e) "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in hospital, hospice, or residential health care facility; or (B) continuing treatment or continuing supervision by a health care provider; (f) "Spouse" means someone with whom the employee has an existing valid marriage with as set forth under AS 25.05 and specifically does not include an unmarried domestic partner of the employee. 1ql "Immediate Family" includes mother. father, spouse, children, brother, sister, mother/father-in-law. The City Manager may determine "other individuals" are immediate family, parents, children, siblings and others involved in the significant raising. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of .Lebr4ianry, 1996. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk a/ First Reading: February 7, 1996 Second Reading: , 96 (1/23/96)kh Effective Date: *.y/ /, 19W6 4 of 4 CITY OF KENAI C, dCap"pi 41G11" it 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 �� - - uar 1992 MEMORANDUM DATE: February 16, 1996 THRU: Tom Manninen, City Manager-101— TO: Mayor and Council Members, Kenai City Council FROM: Jay Sweeney, Finance Directgr �. SUBJECT: Personnel Issues Still Being Researched / Worked On I. Ordinance 1675-96 is being presented for first reading at the Kenai City Council meeting on February 21. It proposes a number of changes to the Kenai Municipal Code (KMC) to incorporate recommendations regarding City personnel policies. 2. A number of other additional recommendations regarding City personnel policies are still being studied and/or worked on by staff in some fashion. These recommendations are as follows: a. Revision of wage & salary policies. We are preparing to rewrite these policies so that they better conform to Fair Labor Standards Act (FLSA) guidelines, especially in terms of the treatment of Department Heads as exempt employees. b. Revision of travel time policies. We are also reviewing FLSA guidelines concerning travel time on weekends to ensure that our personnel policies properly conform with the guidelines. c. Certification nay. We are reviewing the issue of certification pay, looking in particular as to whether certification pay might be, instead, built into various steps or ranges for a given job series instead of being paid outright. d. Compensation beyond the CC range / merit pay. In response to employee concerns that, except for COLA raises, their salary increases stop after the CC range, we have been studying compensation philosophy. We will approach Council during this year's budget process to implement a small merit pay program to partially answer this compensation question. e. Modification of our 401 (A) plan to allow employee contributions and borrowing. I am working on this issue with ICMA. We will have to change our plan document to allow this, and it may involve seeking IRS approval, but the requested changes are good ones and should be implemented if possible. f. Breaks. We will address this issue in our next update of the Supervisor's and Employee's Manuals. g. Work force development policy. I have been working on a revision to the KMC to better define our formal policies for establishing and abolishing positions, establishing and changing pay grades for positions, linking the determination of pay grades for jobs to an evaluation against standard grading criteria, and for hiring temporary employees. I have completed a draft revision which is currently being reviewed by the staff. 3. We have no set time table for bringing these additional issues forward to Council. The ordinance being considered addresses the most critical personnel issues; these remaining issues are not as pressing and will be addressed and implemented as time and work loads permit. Suggested by: Admin____— CITY OF KENAI ORDINANCE NO. 1676-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $70,000 IN THE GENERAL FUND FOR LEGAL EXPENSES RELATED TO INLET WOODS SPECIAL ASSESSMENTS. WHEREAS, the bankruptcy litigation regarding Inlet Woods has increased legal costs to the City; and WHEREAS, the City Administration estimates that an additional $70,000 will be needed; 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: $70,000 State Revenue Sharing $24,805 Municipal Assistance 39,049 Real Property - Current 6,146 Increase Appropriations: Legal - Professional Services $70,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of March, 1996. ATTEST: Carol L. Freas, City Clerk Approved by Finance( February 15, 1996 (sp) John J. Williams, Mayor Introduced: February 21, 1996 Adopted: March 6, 1996 Effective: March 6, 1996 SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1676-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $70,000 IN THE GENERAL FUND FOR LEGAL EXPENSES RELATED TO INLET WOODS SPECIAL ASSESSMENTS. WHEREAS, the bankruptcy litigation regarding Inlet Woods has increased legal costs to the City; and WHEREAS, the City Administration estimates that an additional $70,000 will be needed; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $70,000 Increase Appropriations: Legal - Professional Services $70,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of March, 1996. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Approved by Finance/ Effective: March 6, 1996 March 20, 1996 March 20, 1996 C_5 Suggested By: Finance Department City of Kenai ORDINANCE NO. 1677-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN A NEW CAPITAL PROJECT FUND ENTITLED "WATER SYSTEM IMPROVEMENT PROJECT - FY96" AND IN A NEW CAPITAL PROJECT FUND ENTITLED "WATER SYSTEM IMPROVEMENT TELEMETRY PROJECT - FY96". WHEREAS, in August, 1994, the City received a Municipal Capital Project Matching Grant in the amount of $211,665 from the State of Alaska for a Water Quality Development Program, and, $100,074 in unencumbered grant funds remain after expenditures to dig a new production well, and WHEREAS, through Ordinance 1623-95 adopted on January 18, 1995, an amount of $90,714 was transferred from the Water and Sewer Operating Fund to the Water Well Development - 1995 Capital Project Fund as a local match for the Municipal Capital Project Matching Grant for the Water Quality Development Program, and, $42,888 in unencumbered local matching funds remain after expenditures to dig the new production well; and WHEREAS, in August, 1995, the City received an additional Municipal Capital Project Matching Grant for the Water Quality Development Program in the amount of $211,665 from the State of Alaska for a Water Quality Development Program and has not encumbered or expended any of the grant funds; and WHEREAS, the City has pledged a local matching amount of $90,714 for the additional Municipal Capital Project Matching Grant for the Water Quality Development Program received in August, 1995 but has not yet passed a budget ordinance to authorize expenditure of the funds; and WHEREAS, on January 3, 1996 the Council accepted a legislative grant from the State of Alaska, Department of Administration for the "Kenai Water and Sewer System Improvement Project" in the amount of $355,975.74 and has not encumbered or expended any of the grant funds; and WHEREAS, on February 7, 1996 the Council accepted a grant from the State of Alaska, Department of Environmental Conservation for the "Thompson Park Water Well No. 3 and Water System Improvements Project" in the amount of $683,017.00 and has not encumbered or expended any of the grant funds; and Ordinance No. 1677-96 Page Two WHEREAS, the City desires to use all unexpended grant and local matching share amounts as partial financing for a series of capital improvements to be known as the "Water System Improvement Project - FY96" and the "Water System Improvement Telemetry Project - FY96". NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased or decreased as follows: Water Well Development - 1995 Ca it iect Fend Decrease Estimated Revenues Transfer From Water and Sewer $ 42,888 State Grant $100,074 Decrease Appropriations Administration $ 1,541 Engineering $ 6,826 Land Acquisition & Surveying $ 3,700 Construction $130, 895 Water and Sewer Operating Fund Increase Estimated Revenues Appropriation of Fund Balance $ 90,714 Increase Appropriations Water - Transfers $ 90,714 Water System Improvement Project - FY96 Capital Project Fund Increase Estimated Revenues Transfer From Water and Sewer $ 121,901 State Grant $1,232,432 Increase Appropriations Administration Engineering Construction Contingency $ 10,000 $ 50,000 $1,000,000 $ 294,333 Ordinance No. 1677-96 Page Three Water System Improvement Telemetry Project - FY96 Capital Project Fund Increase Estimated Revenues Transfer From Water and Sewer $ 11,701 State Grant $ 118,299 Increase Appropriations Administration $ 5,000 Engineering $ 30,000 Construction $ 80,000 Contingency $ 15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of March, 1996. JOHN J. WILLIAMS, MAYOR Attest: Carol L. Freas, City Clerk Introduced: February 21, 1996 Adopted: March 6, 1996 Effective: March 6, 1996 Approved By Finance: (2/16/96) jps c-4 Suggested by. vVul1V11 CITY OF KENAI RESOLUTION NO. 96-18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE ALASKA CHILDREN'S TRUST. WHEREAS, the Alaska Children's Trust was established in 1988 by the Alaska Legislature to promote initiatives that strengthen families and children; WHEREAS, the Children's Trust has never been funded; WHEREAS, many family and community stresses have resulted in more children at risk for poor health, neglect, child abuse, community violence, and juvenile crimes; WHEREAS, the goal of the Alaska Children's Trust is to promote and provide opportunities for Alaska's children to grow to responsible and productive adulthood, free of threats to their dignity, physical safety, and emotional well-being; WHEREAS, the Alaska Children's Trust is constructed to provide opportunities for creative innovation at the community level to meet the needs and challenges of Alaska's families and children; WHEREAS, the Alaska Children's Trust will be a funding source for new initiatives run by a private sector dominated board and not subject to burdensome rules and regulations; WHEREAS, the Alaska Children's Trust is designed to fund initiatives that expand new and proven high quality, efficient and effective services and opportunities to communities; WHEREAS, the Alaska Children's Trust is an opportunity to build a "permanent fund for prevention" since only the income of the Trust may be spent; WHEREAS, an investment in our children is needed now more than ever; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI as follows: 1. The City of Kenai supports Governor Tony Knowles' Executive Order which establishes a new trustee board, renames the Alaska Children's Trust and recognizes the Alaska Children's Trust by placing it within the Office of the Governor; 2. The City of Kenai supports legislation which may be submitted by the Governor which enables the Alaska Children's Trust to better respond to the pressing needs of families and children in Alaska; and 3. The City of Kenai urges the Alaska State Legislature to work in partnership with the Office of the Governor to ensure the needs of children are given the highest priority. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1996. ATTEST: Carol L. Freas, City Clerk February 14, 1996 (sp) John J. Williams, Mayor Cowir�- 71c.c� L,d►��IG�IfiG i��Zt-7� Ate- CITY OF KENAI 41444" It 210 FIDALGO AVE., SUITE 200 K__E((N//AI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 MAO MEMORANDUM 1 I r "2 TO: Mayor and Councilmembers FROM: Carol L. Freas, City Cl rk City of Kenai DATE: February 23, 1 96 RE: ALASKA CHILDREN'S TRUST At the February 21, 1996 council meeting, you requested that I get in touch with Representative Navarre and Senator Salo and ask them the following in regard to the Alaska Children's Trust: 1. How much does the Governor intend to ask the Legislature for in order to fund the Trust? 2. From where does the Governor propose to take the money to fund the Trust? This afternoon I received a call from Tom Ackerly. Tom told me, in answer to your questions, that the Legislature is requesting corporate funding of the Trust ar' 'ie corporations are asking what the State will be donating. There is no mr 'fied and no appropriation bill being considered at this time.�`� Tom also said it is not probable that funding would co,- 1 �r revenue sharing, but he cannot state that for sure enough "surprise settlement" funds which we-' the Trust. 04 , Tom spoke with Nila einhart and she stated n funded by doing resol tions of support stating thk jl funds to be establishe The more publicity, the t y�'f lot TONY KNOWLES GOVERNOR STATE OF ALASKA OFFICE OF THE GOVERNOR JUNEAU February 2, 1996 Dear Friend, P.O. Box 110001 Juneau, Alaska 99811-0001 (907) 465-3500 Fax (907) 465-3532 I need your help. My administration is working hard to make one of the most worthwhile programs ever created in this state a reality -- the Alaska Children's Trust. A viable trust fund is a big step toward my goal of breaking the cycle of child neglect, abuse, exploitation and delinquency. Because Alaska leads the nation in per capita cases of abuse and neglect, we must act together now. The Alaska Children's Trust was established by the Legislature in 1988. Its mission is to help prevent child abuse and neglect by financing community -based prevention programs. The trust is not designed to replace existing state services but instead to support innovative local programs that otherwise would not be funded. Unfortunately, the trust has never received a dime. I plan to change that through a partnership of public and private funding. We will seek donations from big corporations, small businesses, and individual Alaskans. We will work with the Legislature to identify public sources of funds. I have also submitted to the Legislature an executive order to establish a new governing board for the trust which is comprised mainly of private sector members. There's lots of work to do, and we need the support and advocacy of community leaders like you. Enclosed with this letter is an overview of the trust and the role of the Children's Cabinet in my administration, as well as a sample resolution of support for your consideration. Please join us in speaking out on behalf of the Alaska Children's Trust to ensure our children the happy, healthy, and productive lives they deserve. I feel a sense of excitement and urgency in getting the Alaska Children's Trust moving again, and I thank you for your help. Sincerely, To owles Go ernor 02/14/36 11:07 RURAL DEU DIU - 907 283 3014 NO. 116 D01 Speaking Points: Alaska Children's Trust (ACT) • Governor Tony Knowles and First Lady Susan Knowles have commited their - energy and vision to making the Alaska Children's Trust a reality of public and private partnership. • The Governor has introduced an Executive Order to establish a new trustee board and rename the fund. Additionally, the Governor is considering introducing separate bills which make substantive changes to the trust that cannot be accomplished by the Executive Order. Decisions concerning the details of the legislation have not been made. • The mission of the Alaska Children"s Trust is to prevent abuse, neglect, and exploitation of our children and to head off delinquency by leading the way in setting policy and offering resources for community prevention programs. • It has been said that `it takes an entire community to raise a child." The Trust is a way for individuals as well as large corporations to contribute to the well-being of children in our Alaskan community. • The Alaska Children's Trust promotes and provides opportunities so Alaska children grow to responsible and productive adulthood, free of threats to their dignity, physical safety, and emotional well-being. Why support the ACT? Alaska's child well-being indicators (Kids Count Alaska) warn usl Unless we act now on behalf of children we risk an endless cycle of child poverty, abuse, low educational achievement and other traunas that put children in danger. When children are at risk, our entire Alaskan community pays the consequences. • The ACT is community -based. The ACT is uniquely constructed, providing opportunities for creativity and innovation on the community level to meet the needs and challenges of families and children. The ACT to a funding source for new initiatives. The Trust will complement, not replace services to support children and families. Grants extend proven, high quality, efficient, effective services and opportunities to new communities. The trust helps expand successful services already provided, reaching new communities. New programs could include, "warm welcome" to all children born in Alaska through home visits; quality child care, school enrichment projects, special job preparation and parent support projects, full service schools delivering{ basic health care and family support services, etc. 0 The Trust is governed by a private sector dominated board. 02/14/96 11:24 RURAL DEU DIV 907 283 3014 N0.121 001 • Although the ACT will include accountability measures, projects are not subject to burdensome rules and regulations that create barriers. • The ACT is a cost saving measure. Because the ACT focuses on preventing poor outcomes for children, the long-term savings is great. Spending more now on prevention saves money and loss of human potential. • The Trust is a vehicle to build a "permanent fund for prevention." The ACT will be a perpetual source of grants. The ACT is an income earning savings account. Only the income of the Trust may be spent. The principal of the Trust is retained in perpetuity. • Other states have Children's Trusts, however Alaska is one of the few states that has a zero $0 balancel uxabdomactpts 1/18/96 C-5 ENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DON GILMAN MAYOR January 30, 1996 5r lea City of Kenai n� Attn: Carol L. Freas, City Clerk t 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: Liquor License Renewals ALASKALANES - RECREATIONAL SITE KENAI COUNTRY LIQUOR - PACKAGE STORE ONE STOP - PACKAGE STORE Dear Carol: Please be advised that the Borough will have no objection of the above noted liquor license renewal(s) based upon unpaid taxes. The sales tax accounts registered for the businesses are filed through the required filing periods and the business personal tax accounts and/or applicable individual tax accounts are in compliance at this time. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Si :erely,, �"S "`J Gina Derleth Delinquent Accounts TONY KNOWLES, GOVERNOR DEPARTMENT OF REVENUE ANCHORAGE, ALASKA99501-6698 ALCOHOLIC BEVERAGE CONTROL BOARD January 26, 1996 Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: z We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. Alaskalanes cc: Kenai Peninsula Borough LIQUOR LICENSE APPLICATION P"M' °Wz - . *Wv .. SOiwa 369 (ple a read separa fe frRSiriJCNOrIa) .trdloraga Alarlra 99601 aeaedowal1 dso9onAmemoa M (92774W$ Mes*w�lalafpartraa. This r pp1 11 r aor. (Ch•dt M* to TWO Yaw 0 S.. c - DoW d not f awovd 12moa. ` P—TION A. N E NFO aam ae nwrpanddal lypraaQprtrra wppkmw : 7-47*w OW"L4"lima Nmrw ❑ tr.ut ra Lbsss•Hol" R•bdrbn arid. not n F« Fedwd M r wao.we..r..re..e«.c�.rwraoapn�o�r ..WaH�roAwa�gtYrmryourO03O n)_ rY� rmbapprrorsasdl6adaLdnir�nes■eses�ard❑ NIA ~� ra�prassdby 600P relawaueya! Lie FM i � FOft tL7 Eraer appEsnt'• «trarr•re•'• rws and nrig address so It Id apperm less 1awK Brrlss. �p �) C�mAI Q�d Mw•rrd6tai■ AAarn pwr>rYaery � Kew&) 9Ok0// [ITMa IS A NEW M AR Ml3 ADOR1�6 I SECTIQM B. PREMSES TO BE LXXNSEW, No dll...dwerarra j Nome la be used on pubk Op or in10 kludlf 15MCMMWpMmbn*mWwftmw Imam i��r dali• wwk��►�Yre•rP�wYrr•�r.IAnMM•►iA�Li�! ( Cbssst A ,, Orererds: 1 Dlela sommom adr. CbeselClrrch: ❑ A6K11MAOR ! .1 [I alrenrLmeraraa! ❑ La- Mi"Iis r ETM�tAppt�b i ❑LadOrdrarnaMs.: Pennies to be k•ssW in: Pisa aarha�edl Ria IrraAeaA d asrnd pnpaaadbai�al ❑ ❑ Nw V❑PlOpoded8iiiII11111119 1 ❑ dPasriesAtrrJuad da/NrrawrFWBOM" qVillieftnif S CTION C. RENEWAL IN T_K*L ► m ilso aoeaie"d 1sr R.ae..rl •nv • Has 1e•rrsed promises where abdmlic bsvaragss ass Hm rn sYSMrard a- . iaarari adingad bdm rr PACRAM 1101E Y MIs a raaaad of 00 arad sold. served, awaurned, possessed arrY« derad bent rat slesaarurd odaidt sums nq isd under UAAC IOLM to so swislic dmgod ram the lest diagram arbmilled'1 Oreslrrm in awponosteuraaa an"? ❑ YES W NO ❑ YE5 XNO ❑ YM ❑ NO T ) Llssr.Md.aA♦weYaiospilrss ad�r ' G ..mMar/TMWl r.AfdeNNW" aadafteAd "afOnumu0n wn" ❑ Rgrtr TrWNW. Any r.romrr aaerrsa atlarAs t1MIAM rr perpsoesoaf - - - - - - a 1a41 g AS O4.11.060(4XB) In a Isss► rnorrrr) srk ~ be OW a& Ob applcaren(15 AAC 104.104 Rawl«prapMlpipryarwgrdrftlills r/arla: IArnb atlra •heaNs r a.ea..rq 1901E TiN1tN:ffL Da" Moslanois Ac pwaas Mm" §EFOW TRI1116FEK tiatAArses erLsarm I - - - w>. IHM AMA VrML WE OMY LOW" -1 1 DsssApparad DlnetaAa�e r r Form 044M Page 1 (Raw 6i96) ALASKA ummM UCE NSE APPLICATION r' PAGE 2 OF 2 ` SECTI NF TECFRf R 7101L TMbbefquormasraaatabaplerNsd4wee lapplMde►oaperrsafaoer. rrla �aa«asgptaltYaawpeeM4Mdbwars0aawt roYdt an Plwltlna. VbsAemk%mk t)swefw1 wW Tve aw. UMAM%nelld Pqw as aw+ssery. - FIN .1otl.. Y�jyjpl; Ferrety //, 'a r L Adftm 76, 19 Aaaws Rr aeefr� sdaaeyman - Li- ::- : FlaalaAdew R ms/y sdbasel -- Ured db iloml PMIs Vftt Pdr Osls d coil yenta wbk Plra laa*dAm" fwarappfl�ar.eaPwa`RldwdayMm4waMaaoayer rda dAleela sppaolsara tdwaryMawpsdrarloayoa Ilald aYnre wr rblrr was - Rd Ness c . .. Rd New (Do no we OWN" r3. , aPrre., r wr,atrt.,apo.da p..AwasR asw awrq Net Am.asR+��OwM oral sal New Prlene war Deb a BO lrrala PROM welt Prwlr / teed Attie a+A s grl sftuft Fbdftn rappeosdYtcnrYa.ld .rnpeywusdaosyeu hotL 5 was Ibete r 1 TEQFFIMBAMOROUND. rrwaoeapradbr.agp..a�Pterlwa jo...�ytweerrwl«os*wdee�o«aw�rasbw.aawrawanyaaet«rdl�.draaarYanyallwalooleaesaw�abwrssaa...arAYdoa«nryairrefstrl No ❑ gee rpm yr. atrq o W bu omm asd edaaat - f aaesrtlarkl�'Ned w alit MO d M Yr appforon, Ira any ilWM&ml «Owpwd• plic« frbd abwa bean oojwiMd a a f lm' a vie Mm d AS 04, orbasn owAMd • at a ko or mwwM of bwwad peon . r aw[tw stabs of M li*m lies of frt so" - 1XNO ❑ V® ■Pm PYass-Pbft-*WON* 080 of P*- Iisebtamaswdawraabyaadspplar. m i 1 dadwe under pensky of perjury that I have examined this gViication, including the accompanying schedules and statenrwrts, and to the best of my luwwledge and belief it is true, correct and complele, and this application is not in violation of any. security interest or other oorltialyed obigaflam I further amlity that 1 have read and on tarniliar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person otlnr than the applicant(s) or hoensee(s) has any direct or indirect financial interest im the licensed business. 1 agree to pvade aft i i mnabon mgLwW by thedllcolwlic Bemage Control Board in support of flue appicabom it is 1rX a Bt+vtrtape Dleprrya>Y or Package Stara eoaosf, papy.suceedrspplicanl narrwd on this application has reekled In tin sift efAkwM for atlfaiaEone yWp ka flo rie ds% of Oft application; wKYor the app4cant is a corporation registered and qualilled to tbWsY»eslnfnaFetrdAiislaforvnywarprlorb7lndafbd crafldahrNwldwshaW _,0dodlnlMvmm*kAAkmka for at 6=0 eni ye ic lbr tjttn daft of flit alppNcdwt / - OPf 81011ATURMAN . i X eil0idwsliwi�IsbiwrM' f -� %-�- e16sbMtandaasmbbabw�ab/�i �? ` � ' 7L/ Ys( SY�IUnili!wr4., VjiSTT i y - rroTAi�Ptfetatsr Arc IrA OMAM PUsuc tr Aran T , w J V J KENAI PENINSULA BOROUGE 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 Je BUSINESS (907) 262-4441 FAX (907)262-1892 February 21, 1996 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: Liquor License Renewal Pizza Hut #9 - Restaurant/Eating Place Dear Carol: TO ro Fie 1996 0 DON GILMAN MAYOR Please be advised that the Borough will have no objection of the above noted liquor license renewal(s) based upon unpaid taxes. The sales tax account registered for the business is filed through the required filing periods and the business personal tax accounts and/or applicable individual tax accounts are in compliance at this time. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, r, dinaDerleth Delinquent Accounts TONY KNOWLES, GOVERNOR W TH AVE DEPARTMENT OF REVENUE ANCHORAGE.ALASKA99501-6698 ALCOHOLIC BEVERAGE CONTROL BOARD February 9, 1996 Carol Freas, Clerk q�^���''jis���� City of Kenai 210 Fidalgo Suite 200 FEB 1996, N Kenai Ak 99611-7794 M c� CLERK ti 1 r Dear Ms. Freas: We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. Pizza Hut # 9 21� - o�(- av/ w0 cc: Kenai Peninsula Borough AWdw e�ageCa"board LIQUOR LICENSE APPLICATION PAGE 1 oFz 560 W. Nw. Avenue, Seib 360 �Se mad a %/%.7a ucffom., kwhwage. Alaska 09601 J Sales Pmb 1 ash a OR aw AMC /aeRL (Was 274*U SS/SG� "Pnlalw/wrfea. ThY appfcdlon Is far: (dtecfl one) Q#"D Yew O Seasonal - Datse d opwafar not to exceed 12 moss. ` TION A. UQ ENSE INFORNMATMflea asownphAmdfor GM"mofappf mftw - d APPkebon: Lb~ Btreb Ralwwrea Far Lieerw Feded M 110altme Fie s 600.00 Restaurant- GmQUI,,on 1996 92-01018898 Fig Feat ❑ f4w Eating Place ® moc" OR ❑ CsartleMwle�aBF 200.00 , I k' Current Llgm Lammas abomw Trandsrd E Kenai I/ a fla ioww Man sxareiae 'or meats at and 30 QW*.h r sssbdaeaopmwdsgcawdwyerat (AS M.11]90(3►)� Lbww llomw 94-2596 10%appfssaww bodddsdndsaewbomi wl rr ❑ won al IIMERL wyappmasdbryamAbsbalBarwge 800.00 M��t NO Comte Eatw wpaanla or flendwee'e nwne and wombs 00" Brarw as 1 COIIwaM Cdar1IFaera lad t�q Addws addrwr s a should appw on ae Swim P za Hut No. 9 Iseetarrr�rwl seem arlaaw"al wa Kurani. Inc. 10 Spur Hwy P.O. Box 94213 - Anchorage, Alaska 99509 Kenai, Alaska 99611 Brbras Arsrre NanDw/a ❑ 7M I6 A NEW tlAa.a40 AWFIE a 283 3900 SECTION @. PREMSES TO BE MARISM,bards. r.f4.. ad wrtearmm appbmffimw wnreboueedespubbm"perinadreiWYq,rYwiFpwdeec r1ewA0edpenshae*edwww«YwMw�aiaasYaaiMetwwa�lsafa prearpsraeeddF-bwemWwwMedIN 1%1? Cbeed School Ground.: I DYrwm maaamms rrdar: Cbesw Qwrch: ❑ A604. lme an ❑ 0smder awr M mem ❑ Lew aew Dtl Now ❑ Iad Appowme ❑ 4aadGalraoNo.- Probes to be owned la; 0 PbrnaWaMod to Fie 4fasha/ Plagued ter new wdpapend bWM" ❑ ❑ New sueft ❑ Pmpmmd&MNV I ❑ DWOMR of dimmdeas Abednd ter of Nw and Relecarw EMION C. RENEWAL INFORYA Suet M Twwww for Rwreerd appfcafwwra. His lend premises where abdalie bramose are tan tin mWn ma d frmw* irMwad dnrrn flam the PACKAGE:f01M. wl le Ime a moved d Bn a add. cornrsrnd. possessed arWw eased been d. sr bid stetanrrrt w6mifte craw 16AAC 10440 sef abo aofoe a asfc drapedrmq.ed flan Me bast d"MM eubmiaed7 1 - is 0 meperms to adlw as o 1 o YES kL0 ❑ YES ❑ YES ❑ NO ffasbeemm"O sdtarT-W-aLlewneNddwwdAde" meat'. ❑ flwaMeMaryTrare.Awiamewawrs.Hrswrlw.ror.ewdwAseltlsJa ManMMwfaatlAditessra.wleLbdwee(e1 . ❑ AWAw TMAMW. Any MWWMnt Meesre sssaw AS OLTIAM far pepsee d aFPAeq A8 a.rr.afo(4)la1 r a w ref flmraiat lard a fW .fr ids - - - . - - eppfcabn(raAAC104./W) Reelw faraaadwt - {AIMb e>da shear I rmeseeary) BE3ClE7RNaF13L Doan RMWAM AM P OOM MMO BEFORE TNANSFOL BMd /dams erLowass SECTION E. CORPORAIM L WlMeompwadaappf moromeppiwaaaoapwdgt 0804.11A" oo pawe Nwm KURAHI, INC. Debt' BrbrwAs Pflarees Nw1 Pizza Hut No. 9 Doss d &Aowwaas r Ards 06/24/84 wq Aches P.O.2Box 92413 Obeat AdaamaesLawmss d 9rarses 10160 Kenai Spur Hwy w apCo qe, Alaska 99509 �mmem" ai, Alaeka 99611 �Pwweepbs Nw 562-2205 r ae above narrnd aor1 -1- In good slsai%'ww tMibbd Arelra, Oepwsnwa d Carrarraa and EssasalOwdspmslf ❑ NO flegMamdApd porn aW fwq Ad6eas) Kurban Kurani P.O. Box 92413 Anchorage, Alaska 99509-2413bP~ems 48 r Aram Raddmw Ysmc 17 IrwBac 562-2205 COHMORATLON DVAMOM AND GTOCIMMM� Wma adMird OWAOR=ww» %era tlaaww MMwwM*r4twm&Mb ► "Oft iaas Dabstaft Kurban Kurani 2934 Crows Went - 11/26/51 100 Cf�t Its AREA OFFICE USE ONLY Lammas f wrbef 1Dde App-led Slgra�ra - - - Form 04401 Page 1 (ROV GW ALASKA LJXUOR LICENSE APPIJCATM i _ . PAGE 2 OFf2_�r pwa.r.e...f-- • j SECMHF DIMDUALA00111PORA7EOFFICERIWORMATICOK rnefteminipraswre.■uMbspe.u.ar..erappenoter 01110M IF so 4F~ora►FPddbeoatpataW frdiositbdwant mteetdeatePmrddre,VbWPMWftV.eaaebryandTmtaMMMWeotreeaddaamr Full Home (Do not wadYY) fora Maine (De ad we Intl" _ Poi.'rban Al i Wlrani Carolyn Kurani dew Mdq Ms v A Any 92411 Matt Mdaaee P.O. Box 92413 M Old Poede _ob. ebhk $oeds Anchorage, Alaska 99509-2413 w Holm AdaallIdOMMbmtnmadbtadamq Nanadaa AeefdOwenetmwmmiysddiwak I '-- Anchoracie Ak 99515 2934 Crows Nest, Anchorage, Alaska 99504 Dredum Name P%WA WakPIM Draardjs Nor lea MbAcltirr 11/26151 _ 344-5982 562-2205 10/23/53 344-5982 562-2205 Lmttat0AWMNfbrdaq eappreateboattpeoulk hdwayeteoupareabrott La9bdAbalr RepiskodbaanPa+a bb-ORP irmpatiaafa ev u Yamr MINIMS Mold. Yaata mash Wit.. 17 President 17 1 Secretary -Treasurer Rallwe(Domdr•IiM Fell Name(DO net seeUMdq - Vincent Voss Maria Ma AAbeas Md q Adtraas P.O. Box 92413, Anchorage »- --� — -- --- - -- - CIV. ebrk%O Dade cxr. Omsk ZIPems. Anchorage, Alaska 99509-2413 �n Home Asmaae psr Iamade Qd"M4 Norms Adbene (e derer aaa mm" a0raaq 8421 Miles Ct, Anchorage, Alaska 99504 Dteeddat Nana Pbeme ellak Phate oft Dyed o Name Plwe Um Pbata bt 09/08/56 338-5268 562-2205 Larva ofmoo Rralloap ■appdbte aemipatdbatlwtl�foaporredaoerou Letn GIAlmla ■�Oa0ltabaae*r+mktlat/reNOO�pataledlbeyall r� me— ftdd. Mom" maLL 11 Vice President INDM OFFICER BACKGROUND.Mur be aetplyd tar+Irpaadapplaaetmc SECTION M fPM ❑ NOe>t aa IWO ahrk rtte ofMm bOasat . d edasa See Attachment "A' ■ maea Itarbte7rdbrainios iq d M hmr appecaeat, lua attp itdvirirl ar axpaab Oteaer iced abare been aabide ' of s bbW.a viohfim dA'er, a►baat datwded t j, as a -cocoa ar nwisoor d kaneecipmemtbss in etiaaw Shea d rr tgtta bw d that abbT a ..rr- O ves ehaRpbwa4betwaap..rdtardptear. - errs. m.a.r e.ri.der..rt I deciaie older penally of perjury that I have examined this appica&m. includin "accompanying scheduim and staberllerps, and to fhff best of my knowledgeeief and bitnd is true, correctacomplete. and this appication is not in vio"m of any security interest or outer contracted obige"I 1 furtier certify that I haft read and am familiar with Title 4 of thka e Alasstabd in rms arid regulations, and that inaccordance with AS 04-11.450, no person other than the appicant(s) or licenses(s) has any direct or indirect firrerx9al merest inthe licensed business, I agree b poi all infonrlatiorh required by the Akx*toic Beverage Control Board in support of this appira0on, l q*k a0on b far a BwAnq s Dfspwmmry or Package Sbote itbrhae. I osrlMy fiat each appica it marwd on Ors application has resided In tin ateea d aa AkuOtar at baaatns eyearor b tt priw datedrs Oappecetlon: end w tlu appiont b a oaporaibn nagbtsred and quanedb do binkleea lnblwsbde d Alada for ono yew pdw to tho dab stub apptimtion. oral alto alhwettoidws thaw reabfed Yh ahe stab of Aleeka for at least arts yew Prior to OW dots at Mrs appiaia o LODMEEM (APPLICAmn SIMATUFEM OF �� e�leoead amraaerbbraeweai eta.ano.d rtd wanbbrwm.ar ' riva-, dqd 11 Is NOrARYP1�ICMNOPORMl�e1 — L' �Ptl�lCa�1�QMMMIAeVA 7 Iq'ertwiar.eapYas m v t >r•_ Fe os-M POP 2 tRW �l f" KENAI PARKS & RECREATION COMMISSIO_ . ***Minutes*** February 26, 1996 - 6:30 p.m. City Council Chambers Chairman Richard Hultberg 1. CALL TO ORDER AND ROLL CALL Members Present: Dale Sandahl, Ron Yamamoto, Tim Wisniewski, Jack Castimore, Richard Hultberg, Kelly Gifford, Michele Fahnholz Members Absent: None Also Present: Hal Smalley, Kayo McGillivray, Debby Fahnholz 2. APPROVAL OF AGENDA The agenda was approved as written. 3. BUSINESS A. Budget - McGillivray reported that the budget needs to be submitted by Wednesday and it was decided since there were three separate budgets, to go over each one individually. Recreation - McGillivray reported that there was a new line item for computer software to include $499 for Windows '95 and some computer games for the donated computers at the Rec Center. Small Tools and Minor Equipment has a $500 increase to cover new cash registers. Communications is up by $300 to cover Internet connection to the computers at the Rec Center. Transportation was up by $1200 to allow the Director and Assistant to attend the National Congress in Kansas City this year. Machinery and Equipment is up by $2500 to replace the Universal weight machine and to purchase a pool table for the Rec Center. There has been discussion with the Fire Department to possibly donate the Universal weight machine to them when a new one is purchased. Parks - McGillivray reported that he is asking for additional hours for summer hire personnel due to additional softball tournaments already scheduled. Small Tools has Parks & Rec Commission February 26, 1996 Page 1 been increased by $3800 to install benches, tables and grills at Municipal Park. Buildings has an increase of $60,000 to redo the three restrooms. Improvements has and additional $24,000 to replace the floor in the cold storage with a concrete floor, install a basketball court at Municipal Park, and purchase new playground equipment for Beaver Creek. Machinery and Equipment has been increased by $9,000 to replace the Honda mower. Beautification - McGillivray reported that Small Tools has been reduced since there were several special items that were needed last year. An additional $800 was requested for greenhouse operation. McGillivray reported he had received a letter from the City Clerk asking that $300 be included in the utility service for lights since the Mayor is planning to promote a City of Lights program for Kenai next winter. Castimore stated that since Council has not approved it yet, it should be tabled until a decision is made by Council. McGillivray reported that the Beautification Committee does not like the summer banners and would like to purchase new ones. Commissioner Hultberg felt they should submit more information as to cost and reason and suggested re -using last year's banners until they can submit more specific information on what they want. Commissioner Castimore MOVED to approve the three budget requests to Council. Commissioner Sandahl SECONDED the motion. A vote was unanimous to approve. B. Beaver Creek Improvements - Commissioner Gifford submitted here recommendation on playground equipment for Beaver Creek Park. After looking over all the catalogs available, she suggested the Burke equipment for $6,900. Commissioner Wisniewski MOVED to purchase the suggested equipment with Daubenbeck funds and to include a double swing set. Commissioner Castimore SECONDED the motion. The motion was unanimously approved. McGillivray reported that there was about 36 acres included in the Beaver Creek Park. He also felt that the Municipal employees should be able to get the trees cleared out to open up the park. A dozer may need to be rented to assist with clearing after the trees are down. 4. ADJOURNMENT Commissioner Sandahl MOVED to adjourn the meeting. Commissioner Castimore SECONDED the motion. The meeting was adjourned at 8:00 p.m. Sandahl MOVED to adjourn the meeting. Castimore SECONDED the motion. The meeting was adjourned at 8:15 p.m. Respectfully submitted by: Debby J. FahAolz CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo February 28, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 14, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-13—Herman Subdivision No. 2 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ96-12—Home Occupation Permit —Sweeney b. Enhanced 9-1-1 Mapping and Addressing Project 8. OLD BUSINESS: a. PZ96-7 Encroachment Permit, Anglers Acres Lot 17, Part 2 b. Proposed Residential Zone (Michael Christian) c. Comprehensive Plan 9. CODE ENFORCEMENT ITEMS: a. John and Randee Wolfe, 1114 First Avenue, Kenai 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River special Management Board Minutes of Jan. 11, 1996 b. Borough Planning Commission Agenda from Feb. 12, 1996 c. Borough Planning Commission Action from Feb. 12, 1996 d. Werner-Quade Seminar Request Memo e. Shkituk' Village Phase II Work Session Memo f. Alaska Chapter American Planning Association 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION --- February 28, 1996 Minutes 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth, Karen Mahurin Members Absent: Kevin Walker Others Present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA. - Vice -Chair Glick asked if any additions to the agenda. None noted. RON GOECKE RECOMMENDED APPROVAL OF THE AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY JOHN BOOTH. UNANIMOUS. 3. APPROVAL OF MINUTES: February 14, 1996 PHIL BRYSON MOVED FOR APPROVAL OF MINUTES OF FEBRUARY 14, 1996 AS SUBMITTED AND REQUESTED UNANIMOUS CONSENT. MOTION SECONDED BY RON GOECKE. UNANIMOUS. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: No one scheduled to be heard. 5. CONSIDERATION OF PLATS: a. PZ96-13—Herman Subdivision No. 2 RON GOECKE RECOMMENDED APPROVAL OF PZ96-13, PRELIMINARY PLAT FOR HERMAN SUBDIVISION NO. 2. MOTION SECONDED BY JOHN BOOTH. La Shot reported that this plat takes three existing plats and removes the interior lot lines to form one large lot. Administration has no problem with the plat. No installation agreement will be needed and there are no building code issues. Bryson commented that in looking at the plotting on the city map it is indicated as Spruce Street and that it should be Cheryl Street, an undeveloped easement or right of way. Bryson stated it is not Spruce Street from the government lot designation. Bryson stated they show Pine Circle Subdivision which is at Fifth Street which is just above the lot and would have it plotting further west than the vicinity map shows. Bryson stated that as long as the government lot is governing it adequately describes where it is there should be no problem. Glick asked if La Shot agreed with that. La Shot stated he would check on it again noting that he thought he had looked at it. La Shot asked if it was north of Fourth Street. Bryson stated Spruce Street is east of this tract. This is north of Fourth Street but the project of Spruce Street would be to the east of this drawing. Glick asked if it could be approved with this change. Bryson stated he felt it could be approved and that he has already mentioned it to the surveyor who said he would look at it. VOTE: BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES GLICK YES UNANIMOUS. 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ96-12—Home Occupation Permit —Sweeney KAREN MAHURIN MOVED FOR APPROVAL OF RESOLUTION PZ96-12. MOTION SECONDED BY TERESA WERNER-QUADE. La Shot noted there were no additional comments from the staff report and the application; however, the applicants are available if the Commission has questions. Glick asked if the applicants would like to speak to the request. Ms. Sweeney stated she didn't have anything to add unless there were questions. Glick asked if they expected traffic in and out. Sweeney stated she expected to do all her deliveries and to conduct business on the phone. Glick clarified that there won't be people coming and going. Sweeney stated she doesn't expect to have anyone come to the house and that she will deliver merchandise. VOTE: WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES BRYSON YES GLICK YES UNANIMOUS. b. Enhanced 9-1-1 Mapping and Addressing Project La Shot stated that in the packet there were several pages of information. There is the borough code on street naming methods, several pages of street names, and all of the street Planning & Zoning Commission Minutes Page 2 names within the city. La Shot explained that for some time there has been a project called the 9-1-1 system that the borough has undertaken. They have compiled all the streets within the city and found quite a number of streets that don't conform necessarily for one reason or another. The last 2 YZ pages of the list are all the streets that the borough is recommending revisions of. If the Commission has comments or suggestions on how to undertake this, administration would appreciate it. La Shot stated he thought the only way to approach it was to start through the list and note which streets really need to be changed, which streets may be out in the field with an accepted name that formally have to be adopted by the city, and which ones might take some other action. La Shot stated he tentatively would suggest a schedule since the borough would like to have this completed by May 19t, and recommends that we end up with a final form before council on April 17th. That means Planning and Zoning would have to pass a resolution onto council on April loth. La Shot stated it would probably be best to have the Commission review it and set up the April loth meeting for a public hearing to give people a chance to comment. La Shot stated that code doesn't require it and he cannot see the need to notify everybody in the city as you may be looking at half the people in the city as being affected. La Shot he was thinking probably a public hearing at Planning and Zoning and at Council as being sufficient. La Shot stated that the list seems overwhelming but from what he has looked at so far he doesn't think the names on the street signs will be changed 127 times like is on the list. Many of those over the years were street names that never got formally passed onto the borough but were adopted by the city. There were probably a number that never got adopted. La Shot stated there may also be some suffixes or prefixes that change. It will take some time to go through the list but that is probably the best way to proceed. Glick stated that they will need a map they can all look at. La Shot stated the borough sent a map over with all of the names on it as they show officially. La Shot stated he will do some highlighting on the map as he goes through it to show what the changes might be. Glick stated that if he understands then that most of these are probably street names that the city already adopted but they never passed the information to the borough. La Shot stated that is what he thought but there may be some that will actually need to be changed. La Shot stated the best way to do it is as surgically as possible to not cause quite a bit of grief for people if they have to change addresses, etc. Bryson stated that Redoubt Boulevard is a good example to use. On some plats it is called Redoubt Boulevard, on some called Redoubt, some Home Site Loop, I Street NW. Bryson noted that the city had a grid street naming system in the early 70's that created some awkward names. The borough is trying to rectify all the plats in a formal way without having to go individually to the source of those names which in most cases was a platting action. Bryson noted this is being done borough -wide. Glick stated they should sit down with a map after La Shot goes through it or what would the Commission recommend? La Shot recommended that the Commission look at any changes on March 27th as that will give administration time to get the changes made and bring it to the Commission on the loth of April for a public hearing and more input. La Shot stated that would give administration a month to pick through the list and to come back with a list that is specific in what should be done. Glick asked if that was acceptable to the Commission. Booth stated he will be absent on the 27th. Glick asked if everyone else would be available. No comments. Glick stated to schedule it for the dates La Shot had recommended. La Shot stated that some of the changes may be recommended by the borough to coincide with their street naming system, the city doesn't have to name it's Planning & Zoning Commission Minutes Page 3 streets that way. So, the city may chose not to comply. Discussion on how the different names may have occurred. La Shot stated this project has been needed for a long time to straighten things out and it is a good time to do it to coincide with the 9-1-1 system. Glick stated if no objections then it would be on the agenda for the meeting suggested. Glick asked if La Shot would mind if the Commissioners came in ahead of time to look at the map which could save time. La Shot stated they were welcome and it was at his desk. 8. OLD BUSINESS: a. PZ96-7 Encroachment Permit, Anglers Acres Lot 17, Part 2 Glick stated that according to what he read in the minutes and the memorandum that the Commission would need to rescind the action of the last meeting. Smalley stated they could ask for reconsideration. Glick stated that no one had asked for reconsideration. La Shot stated that whoever was on the prevailing side last time, someone that voted no, could ask for reconsideration. Glick stated that to do that you had to ask for reconsideration at that meeting before the next meeting. Glick stated he looked at that and talked to his wife who said from a parliamentarian view of Robert's Rules the proper action would be to rescind the action from the last meeting and then it would be open again. La Shot stated he felt that would work. RON GOECKE ASKED FOR RECONSIDERATION OF THE CONDITIONAL USE PERMIT ON ANGLERS ACRES LOT 17, PART 2—PZ96-8. Glick clarified if that was the conditional use permit request since the encroachment permit is moot since one doesn't exist. PHIL BRYSON SECONDED THE MOTION. La Shot advised they should probably vote on the motion and that he had spoken with the attorney today about this. The city attorney would like to see a vote on the motion to reconsider and then not vote until next meeting on the main motion so that parties that may wish to comment can be notified. Glick stated it has been moved and seconded to reconsider the Conditional Use Permit on Lot 17, Anglers Acres, Part 2—PZ96-8. Glick stated if the vote is affirmative, it will be readvertised and be taken up at the next meeting. If it is a no vote, it will stand as was passed last meeting. Bryson stated that speaking to the motion it appears that the conditional use on this lot is essentially the same use that was requested for the conditional use on several lots away on the same evening. Bryson stated he feels that the same general situation exists on this that exists on the other lot and urges approval of the reconsideration motion. Goecke stated he would like to comment on this also. Goecke noted he was adamant at the last meeting about this because he at the time felt that because of the encroachment that it was a moot point to carry this on. Seeing as there is not an encroachment and this area is Planning & Zoning Commission Minutes Page 4 being used for this type of sports activities for two and a half months in the summertime, Goecke stated he has no problem with conditional uses in the area. Mahurin, noting that she was not at the last meeting but had read the minutes, stated she is confused that how at the last meeting there can be an encroachment shown by a surveyor and at this meeting there is not an encroachment done by a surveyor. La Shot stated it was his understanding that the McLanes who did the asbuilt rechecked the site and felt they had made a mistake on the first survey and have recertified another asbuilt. La Shot stated this can happen and that perhaps Bryson can explain it better. La Shot stated it is easy to understand how it could happen. Mahurin stated she has a hard time understanding how the same company and surveyor can survey it one time and it is voted down and then suddenly the six inches are taken care of. Mahurin stated that before she votes on this she would like to see the survey herself, a certified survey to know that this is real. La Shot stated that what she is looking at is a certified asbuilt. Mahurin stated that so was the last one. Bryson stated he does not feel these items are connected at all or should they be connected. Mahurin asked what things are connected? Bryson stated the perceived encroachment and a request for conditional use. Bryson reiterated they are different issues. Bryson stated the purpose of an encroachment permit is to potentially clear up encroachments that exist across setbacks. The conditional use is to allow specified use on a lot. Mahurin asked if this is not the same owner that the Commission had another request for a Conditional Use Permit earlier this year that had to do with the way a house was situated and things weren't quite right on that request. Mahurin stated she remembered the discussion about the sewer problem and the mound, water, etc. La Shot stated he did not believe the Lowes have been before the Commission within the last year and it may have been Captain Bligh's operation Mahurin was referring to. Mahurin stated she is having a hard time with credibility and honesty. Mahurin added that she realizes that Bryson has a good point that an Encroachment Permit and a Conditional Use Permit are two separate things. However, if a Conditional Use Permit was denied because of an encroachment that existed two weeks ago, she would like to have proof that the encroachment no longer exists before she would vote on the Conditional Use Permit. Mahurin stated that if she is a minority vote, she will accept that. Goecke noted that they are not voting on the Conditional Use Permit. The only thing they will vote on whether it will be voted on at the next meeting. Glick stated he personally doesn't have a problem with reconsidering it since he wasn't here and at the next meeting he will hear all the evidence to be able to make a good decision. Booth asked La Shot if 6 inches was well within the accuracy of surveying property. La Shot stated it could be that the first time they went out they checked the property corners, came up with their initial measurement, a lot of times the property corners are just rebarr stuck in the ground. It is not too hard for those to move sometimes and be shifted. When they went out the next time, they may have retraced some more corners or some more points in the subdivision. It is understandable that something like this could happen. Mahurin asked if it would be germane to request that when it is voted on at the next meeting to have a new copy of the survey. La Shot stated that the one in the packet is the new copy that superseded the last one. La Shot asked them to note that the one distance was 15.1 feet and the last one said 14.5. Glick stated that something similar had happened to him personally. He had property surveyed in 1964 and he built his fence according to Planning & Zoning Commission Minutes Page 5 that survey. They next asbuilt now shows his fence on the neighbor's property by a couple inches. Bryson stated that it is possible that they found the two front lot corners and that is approximately 104 feet long, turned to the record line which is the property line under question and projected it out that distance. Bryson stated if one of those rebarrs is out the wrong direction a tenth or two it can make a half foot or a foot difference by the time it gets to the building. Bryson stated that was pure speculation. Mahurin stated she conceded. VOTE: GOECKE YES BOOTH YES MAHURIN YES BRYSON YES WERNER-QUADE YES GLICK YES UNANIMOUS. b. Proposed Residential Zone (Michael Christian) La Shot stated he didn't have more to add since the last meeting. If Commission wishes to pursue, some direction to administration would be appreciated as to how the Commission would like to proceed. La Shot stated administration would like to get the city attorney to review the document. La Shot noted that Mr. Christian was available if the Commission had questions. Glick asked Christian if he would like to speak to the Commission. Mike Christian-613 Maple Drive, Kenai —Christian asked if the Commission would like him to go through the information again. Mahurin stated she was comfortable and had received a letter and had read the packet information. Mahurin stated she supported this. Christian stated that if the Commission would like to add or modify the information that is appreciated. This was just a first draft. Bryson commented that he had tried to research procedures for modifying ordinances. Bryson stated a zoning change if petitioning that a parcel be zoned to another existing use, you can delineate the neighborhood of that area of reasonable size. A petition is appropriate for a situation like that. For instance, if there are 50 owners in the area, that those individuals be allowed to comment on that. This is a situation wherein a new zone is being created. You cannot change anyone into a zone until you have a definition of the zone itself. Bryson stated he feels if people want to create a new zone that is the first issue to address. Bryson commented he has a strong personal feeling that zones shouldn't be created where the people in them don't generally conform to those criteria. Bryson stated he really feels strongly about that. If 90 percent of the people in Woodland don't conform to that zone, that isn't an appropriate zone for Woodland Subdivision, if it is lot size or whatever. In this case 95 percent. Bryson stated they are talking about almost 1000 acres, a lot of it is undeveloped property. There may be large tracts who would very much like to do this, but there are probably large areas where that don't. Denaina' Subdivision is a situation of tracts where those people are unable to market that property right now let alone doubling the lot size requirements and possibly increasing the development costs 25 to 50 percent on a sale. Bryson noted he felt these things should be kept in mind. Planning & Zoning Commission Minutes Page 6 Werner-Quade stated she agrees with Bryson. By placing restrictions on areas that are not developed, can get sticky. But, noted she agrees with a zone for single family dwellings but is not sure about the areas denoted. The area creates some hesitancy. Werner-Quade noted she does not know what the answer is. There is a need for that type of zoning and a need to get it in Kenai but not sure how to go about it. Booth stated he also agrees with Bryson and the first step is to work on the proposed zone type itself and receive public comment to see if this is something that the city wants. Then, the second step would be to see what regions this type of zone would be applied. If there are existing people in those areas to see if they would agree with it. Break it up into two steps. Bryson stated he very much would like to see what is proposed to be applied in some of these subdivisions though noted he feels the criteria should conform to the existing situations in those areas. Bryson stated he felt it would be great if Woodland had something other than the suburban residential zoning criteria to govern their development and they didn't have to fall back on covenants. Glick stated he agreed that having a single family residential zone in the City of Kenai is something that is needed. Glick noted that is the first thing that should be developed. Glick noted that the Commission has a start with the information supplied by Christian; however, there may be a couple items that should be covenants rather than part of the zoning. Glick stated that can be worked out and once the zoning ordinance is created, the city can look at what areas want to be in that zone. Glick stated he felt the important thing is that the people who live in the zones have to be in agreement, at least a majority, to be zoned in that way. Until the zone is developed and determine the restrictions, etc., the city cannot ask the residents to vote on it or get their input. Glick stated that maybe the Commission's instruction to the administration should be to work some more on developing guidelines for the zone and then look at it to see what needs to be accomplished to create the zone. Then, go into the second step. Mahurin asked Christian how he arrived at the minimum lot size of 15,000 square feet. Christian responded that in the suburban zone you can go down as low as 7500. Christian explained that what happened in his subdivision is they started out with large lots, the next development decreased, and in the third development they were squished to as small as was allowed. Christian stated that all of them were in the same subdivision and it cheapened the rest of the subdivision. Christian stated they came up with 15,000 because there is a minimum of 20,000 for a rural residential zone and 7500 for a suburban so they came to what was in between. Mahurin stated she just wanted a basic understanding. Mahurin asked Christian if he was saying that when Woodland first went in and there were all those single family homes, they were pretty much 15,000 square feet. Christian stated he didn't know that. Glick stated that some of the reasons that Woodland may have looked good in the beginning was that they built on every other lot. Christian stated that the covenants also had said they were not to cut down trees and now they only leave one or two trees on the whole lot. Christian noted that now it doesn't look like Woodland did at all. Christian asked to add that it is not just Woodland the same thing is happening to areas around Woodland. Planning & Zoning Commission Minutes Page 7 Glick stated if the Commissioners agree he would ask staff to come back with a proposal on the zone and then look at that information. Glick asked Bryson if he had something to add. Mahurin stated Bryson was explaining the history to her that he had researched. Glick asked if by consensus to agree to ask staff to start working on a zoning ordinance for single family residences. Bryson asked if it would be reasonable to focus on the lot situation in Redoubt Terrace, Woodland, and some other subdivision of that quality that has water and sewer, paved streets, is a well developed community and come up with something that is appropriate to those areas that would protect their property values. Bryson stated that by zoning, four plexes could go in those areas. Bryson stated he could understand expecting covenants to protect you, they won't always protect you unless you are willing to spend money. Glick advised La Shot that the Commission was in agreement that staff begin developing a zoning ordinance. La Shot stated that what staff would do is start with what has been submitted as a starting point, make administrative recommendations, and ask the attorney and whoever else needs to be involved to input in the recommendations, and then bring it back to the Commission as soon as possible. For the time being, locations will be left out for the zone or zone boundaries. Glick commented that the Commission appreciated Christian's work on the process and noted that is what is needed for citizens to supply input. c. Comprehensive Plan KAREN MAHURIN MOVED TO SCHEDULE A PUBLIC HEARING ON THE COMPREHENSIVE PLAN FOR THE FIRST MEETING IN MARCH. MOTION SECONDED BY JOHN BOOTH. MAHURIN REQUESTED UNANIMOUS CONSENT AND BOOTH SECONDED THE REQUEST. Councilman Smalley noted he will be unavailable for that meeting but a council person will be at the meeting. UNANIMOUS. 9. CODE ENFORCEMENT ITEMS: a. John and Randee Wolfe, 1114 First Avenue, Kenai La Shot advised that a letter was in the packet dated February 9th to the owners of the property at the corner of First and Birch. Staff had received several comments that they may be running a business there because of the vehicles parked there. The second page is the owner's response. The owners have an explanation for almost every car that is there; Planning & Zoning Commission Minutes Page 8 however, staff is still not sure that they are being honest. La Shot stated if there are any suggestions to staff, they would be appreciated. Mahurin commented that driving by the corner several times a day she noticed he doesn't mention the cream colored blazer that are in the road, not in the road, etc. Mahurin stated she knows there are a lot more cars than this. Mahurin stated she doesn't want to stop in front of the house and jot down license numbers but maybe a city vehicle could do that. Mahurin noted she had wondered about this for a long, long time. In the wintertime it is dangerous when they have cars parked in front of that house on the intersection of the corner. La Shot commented that he tried to stay to the issue of a business operating out of the residence because it does pertain to the zoning code. The junk car is not in Title 14 it is in Title 12 under health and safety. That is something that the city is trying to resolve what to do with and who is going to take care of the enforcement. The police have been asked to develop a list of other junk cars in the city and there may be some of these on there. There are approximately 100 on the list right now. The process to go through with junk cars or abandoned vehicles is lengthy, and time consuming. La Shot stated one is being appealed in the courts and is an example of what can happen when you start with junk vehicles. La Shot noted he has read articles about how Anchorage is handling it. Once they get to the point of taking action, they go into the field with a code enforcement officer and policeman and remove those cars or whatever they need to do. The city needs to decide how far they are going to take it. La Shot reiterated that is why he limited it to the business aspect. Mahurin stated that is what she meant. She drives by and sees vehicles being worked on in the garage. It seems obvious to her that they are running a business; however, she has no proof. Werner-Quade stated that perhaps the Commission should go ask if he wants to fix a wrecked car. Booth stated he also drives by there several times a day and it appears that there is a business being operated there. Booth stated it is unclear what action the Commission is being asked to take by receiving the document in the packet. Glick stated that the procedure is to ask staff to send a letter which they did in this case. If they admit to doing a business, they can come in and ask for a home occupation if it is allowed in the code. In this case, Glick noted he doesn't know where to go since the man insists he is not operating a business. Booth stated for example he is running a business and sticking strictly to the business aspect of this, would there be an economic cost to the person to get a permit to run the business. Glick stated he is not sure what the area is zone but not sure he is allowed to have a garage in that zone. La Shot stated that all he could do is apply for a Conditional Use Permit and it would be up to the Commission if they wanted to allow it. La Shot stated that is not normally something the Commission has allowed in this type of zone. Smalley stated that if it were allowed, he would have to obtain a business license. Glick noted that the city has actually shut down a couple garages that were in residential areas and noted Jacksons for example. Bryson stated that has been one area that the city has held the line on. Bryson noted that decades ago there was a garage on Forest Drive and it burnt down. The city was emphatic that it could not be rebuilt. Bryson noted that administration is Planning & Zoning Commission Minutes Page 9 merely reporting on the action that has been taken; the Commission is not being asked to take any action. Glick asked if La Shot was asking for action? La Shot stated that was ^orrect and the city will continue to keep an eye on it. If the Commissions has suggestions .l how to take it further, those could be offered. Werner-Quade asked if the city had a disposal process for junk vehicles. La Shot stated that the city has no way to dispose of junk vehicles. Werner-Quade asked how it could be enforced if there is not solution for the problem. La Shot stated people can have it hauled away to the dump, pay a fee, and they will take it. It has to have all tanks drained, etc. Werner-Quade commented that she felt since the city has no options, it is hard for the city to enforce this and noted she wished that the car crusher was in the area. La Shot stated in his opinion that was the solution but he heard that it doesn't appear it is going to now; hopefully, someone in the future will try it again. Glick asked where cars are hauled to. La Shot stated the borough landfill will take them. They end up taking most of those to Anchorage. The borough charges a $10 fee. Most of the costs come with getting the vehicle to the landfill. Bryson stated he thought they were hauled outside by barge and salvaged. La Shot stated there are places that take them and salvage what they can, the body would usually be crushed and hauled out. La Shot stated there are crushers in Anchorage. It is a matter of economics if there are enough cars down here to make it worthwhile for someone to move in the crusher or haul the cars to the crusher. Werner-Quade asked if the city is going to enforce, will they send a towing vehicle over and then bill them? What is the procedure? La Shot stated that the city hasn't done anything like that. Anchorage may be doing some of that. So far, Kenai has just cited them and gone through the court system to see if they can be alleviated. La Shot noted there is a fine involved but at yet one hasn't been paid. La Shot stated the one case that is still dragging on, there has not been a court order yet. Werner-Quade commented that the vehicles are just still there. Glick stated that most individuals when sent a notice respond and do something, there are just a few that don't comply. La Shot stated usually 1/3 will do something fairly quick, 1/3 will after another letter do something, the last 1/3 maybe nothing will happen or you end up taking it to court. La Shot stated or you could reach a point where there is an explanation for that car that you cannot seem to disprove. The whole process starts with a car, take pictures of it. Then, you need to identify which lot it is sitting on and that may not be easy. Tax parcels are researched for the owner of the parcel. Then, you start the process of sending letters and each time you send a letter, the legal department wants another picture taken to see the status of the vehicle or vehicles. La Shot stated you can see what can happen in you have a number of them and the time involved. La Shot stated the police have spent a lot of time just compiling a list of possible junk vehicles. 10. REPORTS: a. City Council Councilman Smalley reported at the meeting last week there were four sections of public comment. Mr. Barlow from CPGH explained the ballots which were sent out. Laura Measles presented the pamphlet which will be sent to people who may be moving into the area. Patricia Ryan, Interspace Airport Advertising, presented a possible advertising program for the airport. Smalley noted that the presentation included prices, etc. and it Planning & Zoning Commission Minutes Page 10 was confidential. Council's response was to have an RFP developed and have people respond to potentially being involved in the advertising at the airport. Smalley noted they provide advertising across the country. Smalley advised the city would receive funds from the agency for the ability to set up displays within the airport. Glick asked if the advertisement in the city now was owned by the city and the city collected fees. Smalley stated it is owned by the individuals but they rent the space. Smalley explained the city would turn the advertising over to an entity and the city would receive a percentage of the companies fees. Smalley commented that there is a great deal of expense currently to the city the way the advertising is done and this could be a good deal for the city. Smalley noted the Airport Commission was impressed with the proposal. Walter Robson of the Borough Public Works spoke to council about having the city's sanitation system handle the wash down water from the baler. This would involve some modifications to the current system (Smalley explained this.) Booth asked for clarification as to what the baler water was and Smalley explained it. Smalley stated it was approximately 2000 gallons a year. La Shot stated the water would go through the system but the effluent discharge permit may need to be modified. (Discussion clarifying what would be required of the city to accomplish this.) Smalley reported that the borough had provided the funding to have a study done on this, $12,000 to $13,000. The city is reviewing the impact this may have on the future disposal for the city. Booth asked if there would be increased cost for testing based on the new MPDS requirements. Smalley stated there could be and the borough is willing to meet the cost requirements. Smalley reviewed some of the public hearings: Transfer of funds to cover cost of land that storage building sitting on next to Senior Center. La Shot stated it had to be purchased from the airport lands system. Resolution 96-17 awarded a contract for fuel to Kenai Air Fuel Service. Smalley explained the history behind this resolution and the decision based on money that would have been required to fix the city's pumps and the possible liability of maintaining fuel tanks. Resolution regarding the Alaska Children's Trust was tabled awaiting more information regarding funding. Resolution 96-20 regarding the North Zone Hazardous Response Plan was amended stating that if there was an emergency situation the City of Kenai would respond to the city in it's entirety. Resolution 96-21, the Economic Importance of Tourism Industry and Sports Fishing on Kenai Peninsula, was amended and passed in support of uses as they existed with sound biological research and studies. Smalley noted that signatures were obtained at the state level to put the Fish Initiative on the ballot so city action was moot as they were in opposition. Smalley noted he had not supported this and gave information as to why. Under New Business Item 6, regarding the Animal Control Shelter, decision to go ahead with design based on the fact that funds may still be available from government for the well. Council decided to reduce the cost not to exceed one-half million. Council went into executive session regarding Inlet Woods litigation and instructed legal counsel to pursue the matter. Booth asked if going with smaller shelter will undersize the shelter from the beginning by doing so. Smalley stated they were. Booth asked if a smaller facility which met the present requirements would the city not get itself into a bind with ethical treatment of animals in Planning & Zoning Commission Minutes Page 11 the future. Smalley stated he didn't feel the reductions they were talking about would impact the facility in that regard. But that is a concern. b. Borough Planning Bryson noted two agendas in the packet. The February 12th was reported on at the last meeting. At the meeting February 26th the consent agenda was approved as presented. Item El a proposed land classification in the Cooper Landing area. This was as a result of a miner in the area. Administration recommended classifying part of the area as preservation. The area would have a rider on it that areas that sit on top of mining claim areas would be noted on the title. Bryson noted the borough doesn't have any say about curtailing mining in areas where claims already exist. That authority lies with the courts and the performance of the miner's themselves. Thus, a moot point to try to govern even though you own the surface rights. If someone owns the mineral rights and they are utilizing those rights, that is a use that cannot be denied. Action to recommend the area preservation acknowledging the existence of mining activities if found to be valid. One plat from the City of Kenai which was addressed at the last meeting, Sprucewood Glen No. 7, was approved. No other items pertinent to the city. c. Administration La Shot reported on the work session on the Shkituk' Village held on February 27th. La Shot advised that the plans were postponed until a development plan for the area is completed. An environmental site investigation of the Daubenspeck property and areas nearby needs to be completed. The sign may be placed on a temporary basis. La Shot stated he thought the Mayor was going to ask at the next council meeting that money be set aside for the sign. La Shot noted that minutes from the Kenai River Advisory Board are in the packet. Smalley advised that Werner-Quades funding had been approved to attend the seminar in Anchorage. 11. PERSONS PRESENT NOT SCHEDULED: No one present. 12. INFORMATION ITEMS: a. Kenai River special Management Board Minutes of Jan. 11, 1996 b. Borough Planning Commission Agenda from Feb. 12, 1996 c. Borough Planning Commission Action from Feb. 12, 1996 d. Werner-Quade Seminar Request Memo e. Shkituk' Village Phase II Work Session Memo Planning & Zoning Commission Minutes Page 12 f. Alaska Chapter American Planning Association 13. COMMISSION COMMENTS & QUESTIONS: Werner-Quade commented noting that Smalley has been on the Commission before, Bryson has been on the Commission for many years, and Mahurin is fairly new to the Commission and has a lot of questions. Werner-Quade noted that this evening, and in meetings past, she has noticed that there is a small meeting taking place within the larger meeting by these three people. Werner-Quade has no problem with a little chatter but sometimes sees papers moving about that seem to be important and perhaps should be shared with the entire Commission. Werner-Quade asked that her comments not be considered petty but she would like to have the benefit of the information. Glick asked the status of the borough reclassification of lands. La Shot noted that the city has been working with them some and the process is apparently still within borough interdepartmental review before it is returned to the city. La Shot noted he is anxious because it has a lot to do with the new well site. 14. ADJOURNMENT: Meeting adjourned at approximately 8:30 p.m. Res ctfull Submitted: Maril n Kebschull Administrative Assistant Planning & Zoning Commission Minutes Page 13 D-?b HISTORIC DISTRICT BOARD FEBRUARY 27, 1996 WORK SESSION INTRODUCTIONS: Historic District Board Members present were Dorothy Gray, Kim Booth, Ethel Clausen, Alan Boraas, Mike Huhndorf, Rebecca Godek. Also present were: Mayor John Williams; Council members Hal Smalley and Duane Bannock; City personnel Jack La Shot, Bob Frates, and Marilyn Kebschull; and citizen Bill Godek. Mike Huhndorf introduced Kenaitze Indian Tribe representatives Bonnie Julliussen, June Lindgren -Gagnon, and Aleta Bates. Huhndorf advised that Aleta and June were tribal elders and Bonnie is the Tribe's community health representative. OVERVIEW: Chairperson Gray gave an overview of the project. Gray stated that approximately a year ago the Townsite Historic Board asked the City Council to designate the Shkituk' Village Site as a historical site. The Board met with the City Council and they approved that the area be set aside as an important historical site. After the site was approved, the Board came up with three goals for last summer. The first goal was to clean up the area. Gray explained that there had been a lot of trash and garbage left at the site. Gray noted that the city crew did an outstanding job cleaning the area. The second goal was to designate a parking area to close the area off and to prevent people from driving onto the bluff and to help revegetate the area. The third goal was to put up a sign. Gray stated that Bunny Swan had designed the sign. Examples of the sign were handed out. Gray added that the Historical Board had prepared a grant to put up historical signs in Old Town and to fund this sign. Gray noted that the city had received notification due to the unresolved federal budget the grant application process has been suspended in the state. Thus, the signage moneys that were applied for has been put on hold. Gray stated that at the last meeting the group had talked about what the next step might be in designating this as a historical spot. Gray noted that Mike, Sasha, and Rita suggested that some of the elders come to this meeting tonight and give some ideas of what they had envisioned for the area. Gray added that at the last meeting the group had discussed revegetating the grounds, possibly planting some trees, putting in some natural wood benches, possibly a little path or trail around the area, and possibly fencing the up -river side of the property. Also discussed was designating this site for the National Historic Register with the National Park Service. Gray commented that was the evolution of the process and tonight the group would be brainstorming ideas of what people would like to have in that area and what could be accomplished. Gray opened the meeting to anyone who had any ideas to take the floor. Gray noted this was an informal meeting. Mike Huhndorf showed the group a map which had a square which he perceived to be the Village of Shkituk'. Huhndorf noted that it may possibly be in the wrong place and may actually be in one direction or another. Huhndorf stated that they wanted to get an idea of what the site would look like for the elders at a luncheon they had had last week. Huhndorf stated they had came up with a configuration for the square, but minor adjustments may need to be made according to the location. Huhndorf stated the square represented the Village and the blue line represents the bluff as it looks toward the Kenai River toward the Columbia Ward Cannery. Huhndorf explained that with this representation in mind, he had presented each elder at the luncheon with a blank sheet of paper with the bluff line on it. Huhndorf stated that the decision of the elders had been to use wild flowers to beautify the area. Huhndorf added that one of the main discussions at the last meeting was how the path should be on the property, what should it be made of, and where should it run. Huhndorf stated the elders had decided the path should run along the perimeter around the square. At the entry, at a diagonal at one corner, will be where the sign would sit. Huhndorf stated there may need to be discussion as to how far back. There will be benches around the sign and the path will continue around with clusters of wild flowers around the path and benches along the path. Huhndorf noted that the number of benches was not decided but he would approximate six to eight. Huhndorf asked if anyone had any questions. Gray commented that when they had originally asked for the area to be set aside, she had it placed the site on the flip side more towards the river bank. Gray added that she didn't know if that would be a problem. Gray explained it would be like flipping the blue rectangle over. Gray added that Boraas had stated at the last meeting that the existing parking lot sat on the site. Boraas explained that the only known map of Shkituk' is the 1898 map of the cannery location, the cannery which came to be known as Daubenspeck cannery. Boraas stated there is a map showing where it was in relation to the cannery on top of the hill and back along the ridge. Gray showed a copy of the 1898 map. Boraas stated he would need to refresh his memory on it but just east of where it says church reservation. (Discussion by group looking at map as to where the village was located.) Historic District Board Meeting February 27, 1996 Page 2 Work Session Minutes Mayor Williams offered a comment on behalf of the entire plan. Williams stated he had made an off-the-record request and it is obvious that it has not been taken care of so he will make an on -the -record request at the next Council meeting. Williams stated he has asked the administration, because of the many projects, changes, and visions and views of what this property will look like some day in the future, to prepare, or will direct the administration to prepare, a complete plot plan of the whole area showing all of the boundaries. Williams explained that he wanted to do this because the city is in serious discussion with the FAA about removing the antenna farm and acquiring that property as well. There is also discussion with a major developer about housing in the area, some that has already been approved and designed in front of the senior housing. And, also some conceptual ideas about what the Daubenspeck will be used for. Williams stated he would like to firm up exactly where the Village Park will be and lay it into the plan along with the church reservation and try to get an idea of what the whole area means to us, both now and in the future. Williams stated he felt it was critical that this be done because there are no good plans reflecting any future planning in the entire area. Williams stated he would bring it up at the Council meeting on Wednesday night and asked that it be placed on his Mayor's Report to get administration to do this. Williams asked La Shot if this could be done with CAD. La Shot stated it may have already been started. Williams added that the discussions with the FAA will be going on in earnest but the question is how much money will it cost to clean the whole place up. Williams noted there will be a lot of time spent discovering what is there and what needs to be looked at further. This summer a phase one survey of the area will be done to determine just what is underground. Williams added there may be a lot of excavation going on, clean up work, and things of that nature around the whole area. Williams stated the city does know that there are a lot of foreign materials buried around there. Williams noted that this brings up another point. If the city is excavating, it will have to be done in a very planned manner if they get into the area that could very well have artifacts. Huhndorf commented that it was mentioned at a meeting that the labor to put the sign up and to plant the flowers and do the work at Shkituk' can be provided by the tribe. Williams said that was good and that the group needs to work closely on the project and perhaps delay any park construction or work until the city defines the cleanup plan and how it will be approached. Gray commented that last summer when the city crews were cleaning up the area on the north side of the river they found an underground tank. Williams commented that a lot of underground "something or others" have been discovered, the remains of an old truck, a lot of barrels, batteries, crushed barrels, an old antenna. Williams asked those who have been here for years and years if they had knowledge of an underground vault on the FAA property. Williams added that one office of the FAA will deny it and the other will admit to it. Williams asked if anyone remembered there being constructed a large underground vault on the property. Lindgren -Gagnon stated she didn't Historic District Board Meeting February 27, 1996 Page 3 Work Session Minutes remember hearing of it. Gray stated Ken Jordan would know because he worked for the FAA and he was here when they built that area. Williams stated the city had gotten into a "hornet's nest" when the question was asked. One division went all to pieces and the other division swore it didn't exist. Boraas asked what was supposed to be in the vault? Williams stated that there is a hardened communications site there which has a copper tomb around it that is supposed to be used for emergency communications. Williams noted that it was always believed that that was all there was there, just above ground in that one building. For some reason, there is speculation that there may be more there; however, it may just be an old tale. However, there have been very mixed reactions to the question and that all needs to be reviewed. Williams added that there are some very, very long-range plans being looked at by a lot of people right now for the property. June Lindgren -Gagnon commented that one of the people who was there with the CIA back in the 40's was Joe Ross and he would probably have a very good idea of what was there as he is the kind of person who would know what was going on. Lindgren -Gagnon suggested contacting Joe. Lindgren -Gagnon clarified that this as Alexander Ross who lives on North Road on Berniece Lake. Gray commented that she thought the entire Daubenspeck property was designated to be recreational by the Daubenspecks. Williams stated no and that the city has been in contact with the Daubenspecks over the last several months. Williams added there was actually two gifts to the city by the Daubenspecks. One gift was the royalty gas that is in the underground portion. The gas and the moneys derived from it belong to the recreation fund. The property was a separate gift and the property can be dealt with in the same manner that all city properties are dealt with. The Mayor stated he thought that if the land is sold or leased the moneys that are derived from the sale would be placed in the land trust fund. This fund is such that the capital cannot be spent, only the interest and earnings can be spent. Councilman Bannock added that should one of the properties be sold, the royalties will still be there. Regardless of what happens above surface, the sub -surface mineral rights will continue to be producing revenue for Parks and Recreation. Mayor Williams noted he has had discussions with Marathon with regard to the royalties. Williams stated that Marathon has redefined the boundaries of the reservoirs and by June or July of this year they should have what they consider to be a scientific view of the volumes. They may be able to tell the city what the total volume of gas owned by the city is or the city's share of the royalty would be. Williams added the city may try to enter into an agreement to sell the royalty gas in place in total to Marathon at a designated price. That money will be placed into reserve accounts and used for years to come. Williams stated it makes more sense for the city to get one big chunk of cash at one time, but it doesn't make as much sense for Marathon. Historic District Board Meeting February 27, 1996 Page 4 Work Session Minutes Gray asked Boraas what would be, to the best of his knowledge, the location of the site. Boraas stated he would have to go out and using the old map and try to find a point to use as a reference. Boraas added that just by looking at it, it looks like it is along the ridge extending into the parking area. It may even come across what was later designated as the Orthodox Cemetery. Boraas stated the trick is to find a point on the older maps that match with something on the ground today. Williams noted that the older map was hand drawn from physical observations and may not maintain a lot of accuracy. Boraas stated that it is as close as what we have and can give a general idea. Boraas added it is typical of Denaina' villages being they were always up high on a bluff and close to water. Boraas commented that he didn't know how necessary it is to find the exact location but just to be as accurate as possible. Boraas stated that in his mind and from the historical standpoint what is being done is to trying to recreate a location and then provide people with information about what it was like. Mayor Williams reiterated that everyone would work together on the plan. Huhndorf asked Mayor Williams if he could estimate a time that the site would be ready for the park. Mayor Williams responded that he had stated the project delay based on the funding being delayed considerably. Williams stated that he felt that a phase one assessment of the whole area would be done this summer. Williams said the plan of the whole area will be easy to do and putting in what is there now and what is proposed. That is one of the things that needs to be done. Williams stated they need to establish as soon as possible where the park is going to be so it can be included in the plan the staff will prepare. Then can move ahead as soon as possible and it will be in May or so to wait for the snow to be gone. By then, perhaps by May or June, the issue of the federal budget will be cleared up and the city may know more about the grant moneys. Huhndorf stated that the tribe has said they could supply the labor and could possibly due so by the end of July. Williams said it is critical that we get the exact location laid out. That way while the phase one assessment is being accomplished the area can be looked over closely in the beginning and then decide if that will work out. Williams noted that if a major anomaly is there that will need to be looked at and will present another delay. Williams reiterated the need to get the layout, then the phase one investigation, and then proceed from there. Williams added that the city has no idea what the property looks like below the surface. Gray asked that since the Daubenspeck property had been donated for public purposes, what purposes other than parks and recreation could conceivable be put on this tract. Williams stated the city is looking at housing, a major senior condominium project. Williams stated there is a commercial zone on the property. Gray stated that when she looks at the map that Huhndorf supplied the areas designated as church resignation, parking area, that area is about the only bluff property in the city that is left as a viewing site. Gray stated she would personally Historic District Board Meeting February 27, 1996 Page 5 Work Session Minutes hate to see anything built on it because there are so few places that residents can go to look at the river. Williams said that is one of the reasons that the project the Historic Board is developing is very appropriate, so there is a preserved area. Williams stated that the problem that the city faces is that all of the Daubenspeck property running back to Frontage Road is some of the most valuable in the City of Kenai and must be exploited on behalf of the people. Williams added that whatever happens there will be definitely better than what has happened there in the immediate past, that being the FAA antennae farm and all of that complex. Just for the aesthetic value that all needs to be out of there. Williams stated that for ten years he had said there is absolutely nothing aesthetically pleasing about the FAA complex. Williams stated that when he had first discussed it with Senator Stevens he had said the city should move it themselves. At this time Stevens is very interested in helping the city move it and that is why the city is talking seriously about this now. Lindgren -Gagnon commented that she could remember how traumatic it was for the people in town when a contractor came in with bulldozers and bulldozed the cemetery over the hill. Some of the men came with a gunny sack full of bones. They left the sack outside of the gate while they spoke with her dad and asked what he thought they should do with the bones because they had picked them up along the river. He told them to take them to the cemetery and rebury them. Lindgren -Gagnon stated she was 12 years old at the time and she could remember the sadness that was felt in the village. Lindgren -Gagnon stated she had always felt that way about the area and has never been comfortable with knowing what was there and what was there now. Lindgren -Gagnon stated when she heard about the park it had made her very happy. Several years ago during a rural provider's conference with hundreds of people coming in from all over to attend, they didn't feel comfortable with people who were coming and were going to camp there. So, they went there and read prayers and sprinkled holy water over acres of land before they let the people come in and stay there. Lindgren -Gagnon reiterated that she thinks the proposed park plan is terrific and she is glad it is being done. Mayor Williams stated the city had delayed and then canceled plans to build a large park in the area some time ago. Williams stated there were a couple reasons for that. One, they didn't feel there were sufficient moneys for the type of design. But, more than that, the idea of tying it up in perpetuity and not being able to claim the land as the city's own once the city used federal money was another reason it was stopped. Williams stated they would have had to use BOR (Bureau of Outdoor Recreation) grant money. That money was held on for three years until the time ran out and the city was forced to return it. Again, one of the reasons the city didn't want to do it was that the city didn't have a complete idea of what the area would look like for the next 50 to 100 years. Historic District Board Meeting February 27, 1996 Page 6 Work Session Minutes Boraas stated that it is not just setting aside a chunk of land but history should be about learning lessons and this is an important lesson of how the federal government is operating. Boraas added that he is surprised that the proposed sign doesn't contain information about what happened to the cemetery and the village. Boraas added that he is not trying to make it a "downer" but to provide people with thoughts about how we treat sites, how we treat important places, and the tyranny that can happen when a powerful entity overwhelms a smaller entity. Boraas stated he feels these are important lessons and if the story isn't told, the story disappears. Boraas asked what the plan was. Mayor Williams stated the staff will complete a surface plan to see a plot of who owns what and where it is and what the proposals are for the area. Williams stated the city has done some looking at the land using detectors and know that there are a lot of materials in and around there that need to be taken care of. Williams stated that he didn't know how much was outside the perimeter of the FAA complex, how much may be in the park area, or in the area of the city -owned Quonset huts and the area around there. Williams stated that is what he is referring to as phase one portion of it and it will be done later this year. Finding out exactly where all of these anomalies are that the city is looking at. Boraas asked if there would be excavation at that point. Williams said no except possible borings to see what the soil is like and take samples. La Shot stated there will be some digging like that and possibly pulling the tank. Williams explained that the city knows where there is one large tank and it may be removed. Generally during the phase one, you try to locate everything and get an idea of how big the task is going to be. Williams stated that the city's letter to the Senator responding to his question of how much it would cost to clean the site, the city had stated they had no idea. Zero to $500,000 dollars is the city's best estimate. Williams stated that in the park area it could be that there is nothing there. Boraas stated that is stage two and then where does it go. Williams stated that phase two would be the excavation of known materials. Boraas commented, cleaning it up. Gray asked if that could be accomplished this summer. Williams stated no; he wouldn't even guess when it would proceed to phase two. Williams stated that is why it is almost hopeful that phase one reveals nothing in the area of the park and then we could be in good shape. Phase two could be the following year, 1997, or beyond. It will depend on what is found and how much it costs to remove it. Huhndorf stated that he would guess that any plans for benches or flowers would not be a reality this summer. Mayor Williams stated that it may be possible on a temporary basis but until it is determined that the area is clean, it is almost mandatory that the city take it upon itself to insure that piece of property is clean. Boraas asked if it would be reasonable to do that on a temporary basis with the sign. Williams stated he felt it would be. Williams stated he wanted to back up to what he had said earlier. There is a delay in funding, spring is around the corner, and the plan that won't take any time at all to show where the city is at can be done. The first thing Historic District Board Meeting February 27, 1996 Page 7 Work Session Minutes that can be done when the phase one assessment in the spring is to look at that area. If it comes up clean and everything else looks all right and everyone is in agreement with the plan, the board may be able to go ahead later this summer and fall. Williams stated it is not to say that phase cannot be done but we do know that phase two will be a reality on quite a bit of that property; the city just doesn't know where yet. Gray stated that Booth had asked if there were any other funding sources for the sign. Booth asked if there were any other grant sources that the board could apply to. Williams stated that he didn't feel the letter about the grant meant a lot. Williams said that the letter says that, "due to the unresolved federal budget that impacts the Historic Preservation Fund Grants in Aid Program" she is suspending the FY96 grant application process. Williams stated the federal budget will be taken care of, they will solve that problem. Williams added that the thing going on with Clinton and congress is nothing new and that the same thing happened with Reagan and Bush and the government ran almost two years on a continuing budget under Reagan. It was just that nothing was done about it. Williams stated it is just that there is a lot of confusion and it being an election year affects it. Gray stated the other concern is that the Board doesn't know if they are getting the grant, the Board applied but receiving it is not a sure thing. Gray stated that she had thought that if the sign could be even temporarily put up this summer that would a major step. Afterwards, if it had to be moved, it could be done. But getting it made and put up this summer would be something to shoot for. Mayor Williams asked how much the sign was. Bannock responded $3,000 and Huhndorf stated it was $2800 total. Gray stated that the grant would have paid half it the grant had been received. Bannock said that he wouldn't say that you couldn't ask but that putting it into the City of Kenai's budget and making it jump through the hoops is no different than applying for a state grant but he doesn't know if that would happen. Gray stated that the city hasn't shut down yet. Gray asked when the budget requests are due. Bannock stated the budget closes day after tomorrow and Department heads report March 1'. Mayor Williams asked the Board to write a letter to the City Clerk saying that the Mayor recommended that the board write a letter requesting funding in the council's budget in the amount of $3,000. Williams stated the council would review it on an independent basis from the rest of the city budget and it may be included in the city's miscellaneous, miscellaneous account. Bannock stated that short of the Department of Natural Resources and the City of Kenai's budget, Ms. Booth makes a valid point. That being, is there any other place to look. Is there any other organization that this is what they like to pay for. Bannock asked if the group was missing something noting that he would hate to pay for something out of the general fund that there is an organization that this is the kind of stuff that they like to pay for. Williams said he wanted it put in the budget since there were only two days to complete these items anyway and then begin to look at some other entities that the money might come from. Meanwhile, Historic District Board Meeting February 27, 1996 page B Work Session Minutes Williams said to put it in since there are only two days until the budget must be turned in. Then, look for other sources of funding that the money could come from. Williams added that the council has been doing a lot of little projects around the city the last couple years. Williams stated he wanted a sign on the bridge telling about Ryan's Creek, the Old Patty Ryan story. Frates commented that he had gotten a price on fencing. The fencing is the type of fencing that is between Carrs and the Bernie Huss Trail. Frates stated that would run approximately $13.15 per linear foot. That would be for a nine foot fence. Mayor Williams stated that was an entirely different item. Board member Bill Kluge joined the meeting. Gray asked if there would be a problem if the city granted the money for the sign that it be put up this summer. Then, if there was a problem revealed with phase two that had to be removed that the sign could be taken down or moved for that. Williams stated he would like to get the plan finished to figure out where the park is going to be. Williams added that the group already has a lot of information for the general area. If the city can figure out exactly where the park should be, the city may be able to go in and look at the site. Williams stated that he feels that by the end of summer if things look right, the plan could be done. Williams reminded the group that the fiscal year doesn't start until July 1 so funds would not be available until then if they were appropriated. Williams noted that gives the city until June to get the layout and to see how things look at the site. Then, in July if it is determined that the area is in good shape and there are no concerns, the work could be done in July. Williams reminded the group that everything is contingent upon there not being any concerns. Gray concluded the meeting by summarizing the meeting. Gray stated the exact village site would be located, a letter sent to council to request funding for the sign, and possibly put the sign up this summer, even if only temporarily. Gray stated she felt the site plan looked great. ADJOURNMENT: Work session adjourned at 7 p.m. Respectfully Submitted: 4 ) M rilyh Kebschull Administrative Assistant Historic District Board Meeting February 27, 1996 Page 9 Work Session Minutes DRAFT CITY OF KENAI HISTORIC DISTRICT BOARD MISSION STATEMENT The purpose of the Kenai Historic District Board is to bring attention to the cultural and historical features unique to the City of Kenai. In keeping with the purpose the Board shall: 1. Make specific recommendations to the Planning & Zoning Commission relating matters of historical and cultural concern. Areas of interest included in the City of Kenai are nominations of historic places for the National Register and protection of archeological resources. 2. Enhance public knowledge about the City of Kenai's history. This will include knowledge of its indigenous people, environmental setting, architecture, resources, and also its place in national and world affairs. These elements are not exhaustive of the Board's potential. 3. Disseminate knowledge through signage, brochures, maps, or whatever mediums necessary and allowed by the City of Kenai and the State Historic Preservation Office. 4. Review community improvements and make suggestions where historical and cultural impact can be expressed. 5. Present a balanced interpretation of places and events. 6. Stay within policy regarding Boards, Commissions, and Committees as dictated by Ordinance 14.20.105, Townsite Historic (TSH) Zoning District. D 76 HISTORIC DISTRICT BOARD FEBRUARY 27, 1996- 7:00 p.m. ***AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. ROLL CALL: a. Election of Officers 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 20, 1995 January 23, 1996 (Info Only) 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. HISTORIC BOARD REVIEW: 6. NEW BUSINESS: 7. OLD BUSINESS: a. Preservation Plan, Goals & Mission Statement b. Review of Sign Code 8. REPORTS: 9. INFORMATION: a. Vozar Development Memo from Robert Springer b. Letter to Ms. Elliott dated January 30, 1995 c. Letter to Janet Clemens dated January 30, 1995 d. Alaska Assoc. for Historic Preservation Nomination Form 10. BOARD QUESTIONS AND COMMENTS: 11. ADJOURNMENT: HISTORIC DISTRICT BOARD FEBRUARY 27, 1996 MINUTES 1. ROLL CALL: UNAPPROVED Chair person Gray welcomed the new board members, Rebecca Godek and Bill Kluge. Members Present: Dorothy Gray, Kim Booth, Rebecca Godek, Alan Boraas, Mike Huhndorf, Ethel Clausen Members Absent: None Others Present: Councilman Duane Bannock, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull a. Election of Officers ALAN BORAAS MOVED THAT DOROTHY GRAY REMAIN CHAIR PERSON. MOTION SECONDED BY KIM BOOTH. UNANIMOUS. ALAN BORAAS MOVED THAT MIKE HUHNDORF BE VICE -CHAIR. KIM BOOTH SECONDED THE MOTION. UNANIMOUS. 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 20, 1995 January 23, 1996 (Info Only) Kim Booth requested her last name spelling be corrected on the November 201' minutes under Members Present. KIM BOOTH MOVED THAT THE MINUTES OF THE NOVEMBER 20T" MEETING BE APPROVED. MOTION SECONDED BY ETHEL CLAUSEN. UNANIMOUS. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. HISTORIC BOARD REVIEW: 6. NEW BUSINESS: 7. OLD BUSINESS: a. Preservation Plan, Goals & Mission Statement Gray stated that Huhndorf had drawn up the Goals and Mission Statement for the January 23rd meeting and the group needed to review the statement, make suggestions, etc. Kluge asked what has been done on the missions that are stated and how long as the board been in existence. Gray responded this is the second year. Kluge asked to be brought up to date with the activities of the board for the past year or so. Kluge added he would like to know what the group has done, etc. Gray noted that Kluge had a good comment and that perhaps the group should take each section and discuss it. Gray read number one, "To make specific recommendations to Kenai City Council relating to matters of historical and cultural concern. Areas of interest included in the Townsite Historic District are: Nominations of historic places for the National Register and protection of archeological resources." Huhndorf stated he thought that is what the board is doing at the present time regarding the Shkituk' Village. Gray explained that one of the things the board had done last year was to designate the original village site of the Kenaitze people which is up river from the Senior Center. Kluge asked if there was grant moneys approved for signs. Gray stated not yet and offered Kluge a copy of the letter which had been received regarding the grant. Kluge asked if any surveys have been done for nominations for the National Register. Gray stated that not yet but one of the first steps the board had taken was to survey the historical sites in the city. The survey is in the process of being completed. Gray noted the survey is due March 15t' and it has been being worked on for six month. This survey was funded by a grant. Gray stated that when the group began they had felt that they needed to identify what they had before moving on to make any recommendations. In the meantime, the Shkituk' Village site was being worked on. One of the ideas that has been considered is to nominate the site for the National Historic Register. Kluge asked if that was all city property. Gray stated some was city property and some was owned by the Russian Orthodox Church. Gray added that the village site and the cemetery was granted in the early 1900's to the Russian Orthodox Church when Alaska natives could not have property. Boraas stated he wasn't sure if that was true as to how the church got the property. Huhndorf stated he recalled that in 1924 because of having served in World War I the rights to ownership of property were granted. Bannock stated that returning to line one of the mission statement, for a mission statement for the Townsite Historic Board that technically recommendations are to the Planning & Zoning Commission as opposed to the city council. Bannock explained that the Townsite Historic Board is a board of the Planning & Zoning Commission. Boraas asked if on item one that the boards area of concern was only the Townsite Historic District or the boundaries of the city relating to matters of historical importance. Gray stated it is not limited to the district. Boraas stated that the wording may need to be changed. (Discussion about the wording of the ordinance and how the Mission Statement should read.) Huhndorf stated this raises the question of how far reaching are the Board's concerns. Bannock stated that remembering when the ordinance was written, the Board's powers are not necessarily devoted only to the Townsite Historic District. Bannock added that he didn't feel the Board is precluded from going outside of the District; however, it would be precluded from going outside of the City of Kenai. Bannock stated that he believed by ordinance that they Board is asked to take part in any decisions Historic District Board Minutes Page 2 February 27, 1996 within the Townsite Historic Zone but that doesn't mean the Board couldn't take on a project on Beaver Loop for example. Gray read from the ordinance stating it says "...within the boundaries of the city." Booth asked if it should read then, "areas of interest within the boundaries of the city..." Kluge stated he felt that would be appropriate. Gray asked then if they should delete Townsite Historic District. Boraas stated change it to City of Kenai. Boraas stated that on item 2 he would change heritage to history in the first sentence. Huhndorf stated that he had used that word because it included cultural elements. Gray asked for comments on item 3. Gray stated she felt number 3 was important as to education of the public. Gray asked for comments on item 4. Gray stated they could bring Kluge up to date on item 3. One of the things that was applied for in the grant was to have historical signs in conjunction with the Rotary Club who would supply labor for signage in Old Town historical building designated from the survey. These would be standard signs. Kluge asked if this was a separate grant from the village sign. Gray stated it was the same grant but separate locations. Huhndorf added that a walking tour was suggested and examples were provided from other locations such as Juneau. Kluge commented that having worked with the Rotary Club on signs that the board may want to discuss the permanency of the signs. Kluge noted that they had done cedar signs which require upkeep and they may want to use something which doesn't require as much upkeep. Kluge asked if they would be discussing that tonight. Gray noted the sign code is something different. Kluge stated it is something the group may want to discuss. Gray stated that when the grant was developed the people who participated liked the wooden signs because they felt it was in keeping with the nature of the area. Those being wood, natural, Alaskan, etc. Kluge stated he appreciates that but that he had just had contact with the city maintenance person regarding the Visitor's Center. That building is five years old and needs to be restained. Gray asked if number three was okay. Booth stated that another thing that had been discussed that once the signs were up brochures would be made and then available at the Visitor Center. Kluge stated in conjunction with that during the Bicentennial there was discussion of developing a trail from the Visitor's Center past the gardens, to the southwest slope of the bluff, and around through Old Town. On the brochure it would have shown the facilities offered with a map. Kluge stated there is an old trail that goes down to the beach. Gray asked for input on item 4. Gray stated that seems to be in line with what the group was doing tonight. If the Mayor is going to propose a big plan for the area, to make the Shkituk Village Site compatible with other things that will be placed Historic District Board Minutes Page 3 February 27, 1996 around it. Gray asked for suggestions for item 4. Boraas stated he found it confusing and the wording was not clear. Boraas stated, "Evaluate community improvements..." Gray suggested, "Be involved with..." Huhndorf gave an example that if a new building is going up and you can put a painting on it or something that would express the historical value of the city, similar to the mural that Olivia did on Oiler's Building. Boraas stated you are not talking necessarily about the impact on a historic property but when something new is being built how it could be enhanced to emit a historical message. Huhndorf stated it was just a suggestion to keep in spirit with the area. Boraas stated then impact isn't the word you are looking for. Boraas suggested , "...where historical and cultural valued information can be expressed." Huhndorf commented that every place is historically or culturally impacted and at this time in history we maybe can define a cross section of what is and what isn't as it develops. Huhndorf explained what he meant by the statement giving examples. Huhndorf stated he did mean impact. Boraas stated it basically fits with number 3. Kluge stated it appears to him that the Board should do things that are within it's authority and private development is something else. Unless the board provides guidelines for architectural review or a review of private projects taking place in the city, the board has no clout. Huhndorf stated that when he said, "stay in focus" he meant observe or be conscious of. Kluge said that making suggestions is something that can be done individually but the authority of the board is not... Gray cut in stating that was covered in number 6. In the ordinance the board has specific review guidelines. Kluge asked that if making suggestions about community improvements as far as buildings is within the board's authority? Gray stated it is an advisory capacity. Boraas gave an example that if someone put up a mural that was offensive to a lot of people such as was done in Anchorage recently. Kluge asked if when talking about community improvements, are they talking about private property development and trying to review improvements. Huhndorf stated yes, to make suggestions. Gray stated that at the earlier work session part of the Village site is on a large tract of land, the Daubenspeck property. That property was designated for public purposes and the Mayor talked about what could happen on this property. Gray stated she sees number 4 as being an example of this because the board wants to be involved in the impact of what the other public purposes of this property are going to be. Kluge stated he sees that as number 1. Kluge stated he was trying to get a clear definition of what the board was. Kluge stated that quite often in historic districts they have a set of guidelines for development to keep with the character of the area. Kluge stated that if they had that, then they should make suggestions for the historic district. Huhndorf stated he doesn't think history is static. Gray stated that if you look at the broad spectrum of the functions of the board, one of the functions is that it is an advisory board to different things that are happening within the city. The Townsite Historical Zone is not the only historical spot in the City of Kenai. It is the one that is designated and protected by the ordinance. In that one by law there are specific guidelines for review procedures and what people can and cannot build there. Gray added that she sees a function of the board to be like in Historic District Board Minutes Page 4 February 27, 1996 number 4 where there are other historical properties impacted by development and if it is possible to combine the two. Like the cannery is built on a site and to combine history with present industry. Gray gave an example that you can go all over the United States and see signs telling something that happened on the site in the past, not to let people forget what happened there. Bannock clarified that within the Townsite Historic Zone that any buildir.g is reviewed by the board. Boraas stated it is not necessarily a negative thing. It could be that many private developers would welcome input and information that could enhance their property. Boraas stated he likes the word "review." "Review community improvements and make suggestions." Boraas stated that all it means is making suggestions. It doesn't mean that the board has any stroke to deny, change, or impact in any way. Boraas commented that he felt number 5 opened a "can of worms." Using the word objective. Huhndorf stated he had almost used quotation marks and he was striving to consider all elements in interpretation. Huhndorf stated they could put it in quotations. Booth asked to help what Huhndorf meant in number 5 versus number 3 where they are disseminating knowledge. Huhndorf stated he felt objective was an effort at fairness or awareness of all interpretations or ways of looking at a story, or a place, or a thing. Huhndorf explained what he meant and that the items could draw from one another. Huhndorf stated he was trying to create an awareness of the board's way of doing something. Huhndorf gave an example of two views of what happened in the American Revolution. Gray asked if this would work taking number 3 and say, "Disseminate knowledge objectively through interpretive..." and combine number 3 and 5. Boraas stated he would suggest the word balance rather than objective because objective sometimes implies one point of view. Boraas commented that for instance in history books today kids get so bored with them because they are so objective and leave out the good stuff. Balanced means telling both sides of the story. Huhndorf asked if it would be, "Be balanced in the interpretation" or is with okay. Boraas said he would say, "Be balanced in interpretation." Gray asked if they mean to keep number 5 the same and take out objective or to combine it with number 3. Godek stated she liked it separate. Boraas stated separate was fine. Huhndorf stated that separation brings more attention to the element. Gray stated instead of using the word "be" use maintain or sustain a balance. Boraas suggested, "Present a balanced interpretation of.." Gray stated that number 6 specifically deals with the ordinance that was enacted when the board was established. Booth asked if they had not had a Mission Statement. Gray stated there was one as part of the original goals for the board that first began the project. It was decided that they should be reviewed and that was begun. Huhndorf stated there was about a half a page of that that he used when making the Mission Statement. Gray stated that as they were preparing the Preservation Plan they had thought it Historic District Board Minutes Page 5 February 27, 1996 should be reviewed and updated. Gray commented there were nine more sections to review. Gray noted that on the Preservation Plan the Mission Statement and Goals and Objectives were number one. The survey will be incorporated in the Preservation Plan and that is number 4. A big chunk of the Preservation Plan will be from the survey. Gray stated that she and Boraas are supposed to come up with a description of the historic character of Kenai from pre -history to the present. Boraas offered to put together a draft. Gray stated they were hoping to take the Plan piece by piece. Boraas asked if there was a guideline for a' length for the description. Discussion on how the report could be completed using eras. Gray stated this will be on the next agenda. a. Review of Sign Code Gray stated that the plan was to review the existing sign code stating that the sign code in the Townsite Historic Zone doesn't have any specific signage requirements or limitations. Bannock stated he was surprised that this wasn't addressed in the TSH ordinance. Booth commented that there are some businesses within the Historic District that you can only have signage on your personal property; there is no other means of signage available in the city. Gray stated that in code 20 it says that "signs shall be allowed in the commercial zone as set forth." Bannock stated then the same rules for the commercial zone are the rules for TSH. Booth offered a suggestion that perhaps by the Visitor's Center there could be a sign introducing the district. Booth explained her idea further as to what could be on the sign. Gray stated she thought there was something like that back in the area. Booth stated she just figured out what the sign said the other day. Booth stated she didn't feel it draws attention noting she is in and out of the parking lot there several times each day. Bannock asked if there was something specific to Section E of the sign code that the board doesn't like for the Townsite Historic District. Gray asked what the size limits were. Bannock stated the largest would be 154 square feet, not very big. Bannock said that that is for where there is more than one business, a combined sign shall not exceed 154 square feet. A sign would be 84 square feet, two sheets of plywood. Bannock said one of the duties of Planning & Zoning is issuing a variance for a sign permit. Bannock said this would be someone asking permission before they put their illegal sign up. Bannock noted there are several variances in Kenai that the group may not even recognize. Bannock noted that the size allowed is not large and the majority of the people now in the district have smaller signs. Booth asked if the group was looking for a particular type of material for the signs. Gray stated that in other areas they have gone to a certain type of material and Gray gave examples. Gray asked what other things are allowed, specifically are neon signs allowed. Bannock said it doesn't say you can't. You can have lighted signs, rotating signs, specifically you cannot have a portable, changeable letter sign. Those are allowed only 7 days, twice a year. Bannock continued reading the code. Bannock noted that all signs are permitted in Historic District Board Minutes Page 6 February 27, 1996 commercial zones but specifically they have a size requirement. Discussion about flashing signs and Bannock gave an example of a sign that was inside a business window and thus was permitted. Huhndorf asked if you could still do that and Bannock said yes. If a sign is inside your house, it is technically not a sign. Bannock also stated there was artwork in Old Town that was debated as to whether or not it was a sign. Question as to whether or not the beluga at Beluga RV park was a sign. Huhndorf asked if the intent would determine it. Bannock stated he recommended that if the Board had a set of rules they would like to see in Townsite Historic District that they could write and offer as an amendment to the code for rules specific to that zone, that there might be good reason for that. Bannock gave examples of rules in the city. Booth stated that the only way a sign is reviewed by the board is if it is new construction. Meaning if somebody was putting up a sign at an existing site, it would not come before the board. Kluge stated it would only be based on what is allowed in the code. Bannock said if it was a new sign that met the code, the board wouldn't necessarily see it. Bannock explained the process for review. Bannock reiterated that if the board is not comfortable with the system, they need to address it. Booth stated that was the whole point, is there a way to make signs more aesthetic for the district. Kluge noted that Gray had several sign code examples and Gray listed the examples she had. Bannock reiterated that if the board wants to see a specific ordinance they need to create it to be added to the sign ordinance and those rules would only apply in the TSH zone. Gray read from Skagway's sign code noting how specific it is. Booth asked if the board should sit down and create the wording. Bannock stated he felt they should and then pass it on to Planning & Zoning. Kluge suggested they paraphrase some of the other codes. Gray stated she wouldn't want to see it overly limiting. Boraas stated he would like it to be done in conjunction with some of the businesses in the area noting that businesses seem to compete with signs. Kluge stated he felt that the code the Huhndorf had from Juneau had good information and perhaps using that and other examples would be the way to proceed. Kluge stated he felt that signs in Old Town should not be flamboyant. Kluge thought perhaps it would be easier to deal with it in a work session and asked if one was planned for next month. Bannock asked the board to be careful when suggesting changes because if what is already there is what the board doesn't want and you limit the next person from doing it, you must be prepared to justify that position. Bannock gave examples of what could happen. Booth noted if they want change, that is what they will have to face. Booth stated she didn't think the intention was to regulate but looking for aesthetics. Godek stated that opinions differ on what is beautiful. Discussion on what the board's intention was with recommending a code for the area. Gray stated it will be on the next agenda and they can look at other cities as examples. Kluge asked that copies of the other city's codes be provided. 8. REPORTS: Historic District Board Minutes Page 7 February 27, 1996 9. INFORMATION: a. Vozar Development Memo from Robert Springer Kebschull advised that this memo was presented as information only to let the board know that the Vozars had applied for another permit. Kluge asked if he could get a packet of information with the ordinance, reviews are required, etc. Kebschull informed Kluge that the city clerk had sent him that information; however, if he did not receive it, to let her know. Kluge asked if a site plan was required. Gray stated yes. Gray explained that the Vozars had came to the board last year with an incomplete site plan but begged the board to approve it because of a shortened time schedule. Gray stated that the board succumbed to the request. Gray stated that evidently when it was submitted to Planning & Zoning they had fulfilled all requirements because it was approved. Gray stated they had told the Vozars that the parking spaces had to be delineated and the landscaping plan in place. They hadn't done that when the board reviewed the plan. Gray shared a flow chart showing how the permit process works. She noted that when anyone gets issued a building permit, it is reviewed by staff, passed to the board, and then to Planning & Zoning. Gray reiterated that building permits in the Townsite Historic Zone are supposed to come to the board first. b. Letter to Ms. Elliott dated January 30, 1995 c. Letter to Janet Clemens dated January 30, 1995 Godek asked for an explanation of all the abbreviations. Gray explained CLG is certified local government which is a title that in order for the board to operate the board had to fulfill certain requirements under the federal government. Gray stated there are very specific rules and regulations. Gray stated the people in Anchorage, OHA, the Office of History and Archeology, are the people who are in charge of making sure that certified local governments follow the rules. Godek asked what AHRS stood for. Boraas stated Alaska Historic Resources Survey. Gray explained they are kind of like a library card containing information about sites. Gray stated they are behind schedule on the survey. Kebschull explained that it was based on Preservation North's difficulty with meeting the schedule that the schedule was revised and that was done on the recommendation of OHA. Gray stated that some drafts of the report and that copies were available through Kebschull. d. Alaska Assoc. for Historic Preservation Nomination Form Gray stated that each year a top ten list of the top ten most endangered properties in Alaska to create public awareness and to create funding. Gray stated that the Jesse Lee Home has been on the list before and a Catholic Church in Nome was on it last year. Gray stated if there was something in this area that the group wanted Historic District Board Minutes Page 8 February 27, 1996 to nominate, they could do so. Question if it had to be within the City of Kenai. Boraas stated that anyone can nominate anything. Boraas stated he felt one of the most important sites was the cabin in Kasilof, the Watchman's Cabin. Boraas said it is one of the oldest buildings on the peninsula. Gray asked what he thought the date was on it. Boraas stated it appears in pictures in the 1890's. There is also the Salty Dawg and a building in Hope. Godek stated they were at the Watchman's cabin last week and there is plywood on the openings and a sign; however, could not remember what the sign said. Gray commented that perhaps Boraas would like to nominate the property and Boraas responded he may do so. 10. BOARD QUESTIONS AND COMMENTS: Gray advised next meeting will be March 261''. On the next agenda will be the Preservation Plan part two, signage, and Shkituk' Village. Huhndorf asked if there was supposed to have been a workshop on Robert's Rules of Orders in January. Discussion by board that none of the members had received notification of the workshop. Kebschull advised the group that there is a video that they may be able to check it out but they should check with the city clerk. Booth advised she will be out of town at the next meeting. 11. ADJOURNMENT: Meeting adjourned at approximately 8:35 p.m. Re ectfull submitted: aril n Kebschull Administrative Assistant Historic District Board Minutes Page 9 February 27, 1996 Memorandum Date: 02/28/96 To: Carol Freas, City Clerk CC: Townsite Historic District Board Members From: Marilyn Kebschull, Administrative Assistant *4,1 RE: BUDGET REQUEST The Townsite Historic District Board held a work session last night regarding the Shkituk' Village Site. At that meeting Mayor Williams advised the Board to write to you stating he recommends that $3,000 be placed in council's budget for the sign at the Shkituk' Village. Mayor Williams stated that council would review this budget request independent of other city budgets. If further information or documentation is required, please let me know. - m TONY KNOWLES, GOVERNOR DEPARTMENT OF NATURAL RESOURCES 3601 C STREET, SUITE 1278 DIVISION OF PARKS AND OUTDOOR RECREATION ANCHORAGE, A 99503 5921 PHONE: (907) 269-87 9-8721 OFFICE OF HISTORY AND ARCHAEOLOGY FAX. (907)269-8908 February 22, 1996 Re: 5010 Historic Preservation Fund Grants -in -Aid Program FY96 Certified Local Government (CLG) grant applications r� RECEIVE® Thomas J. Manninen, City Manager City of Kenai F 210 Fidalgo Avenue, Suite 200 Kenai, AK 9961 1-7794 CITY ADMIN. OF KEN Dear Applicant: This letter is to notify you that due to the unresolved federal budget that impacts the Historic Preservation Fund Grants -in -Aid Program, I am suspending the FY96 CLG grant application process. Your application will remain on file. I have cancelled the Alaska Historical Commission meeting scheduled for April 1. We will keep you advised regarding the program. If you have any questions, please contact me at (907) 269-8715. Sincerely, 2;udith E. Bittner State Historic Preservation Officer JEB:jfc cc: Dorothy Gray, Chair, City of Kenai Historic District Board r_ / A. B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 21, 1996 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Rulan Barlow - Administrator, Central Peninsula General Hospital. 2. Laura Measles - Proposal for Co -Sponsoring City of Kenai/Kenai Chamber of Commerce Pamphlet. 3. Patricia Ryan - Interspace Airport Advertising. 4. Walter L. Robson, P.E. - Kenai Peninsula Borough Public Works Department - Request for Initiation of Acceptance of KPB Baler Floor Wash Down Water. PUBLIC HEARINGS 1. Ordinance No. 1674-96 - Increasing Estimated Revenues and Appropriations by $5,300 in the General Fund and the Airport Land Sale Trust Fund for the Purchase of Property Adjacent to the Kenai Senior Center Onto Which a Storage Building Has Been Relocated. 2. Resolution No. 96-17 - Awarding a Contract for Furnishing and Delivering All Fuel to the City of Kenai, to Kenai Airport Fuel Service, inc. for the Amount of .785/Gal. for Diesel #1; $6.95/Gal. for Diesel #2, and .830/Gal. for Unleaded Gasoline. 0C 3. *Ordinance No. 1675-96 - Amending Kenai Municipal Code, Personnel Regulations, Sections 23.25.070, 23.30.030, 23.30.110, 23.40.060, and 23.40.150. 4. *Ordinance No. 1676-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. 5. *Ordinance No. 1677-96 - Increasing Estimated Revenues and Appropriations in a New Capital Project Fund Entitled, "Water System Improvement Project - FY96" and in a New Capital Project Fund Entitled, "Water System Improvement Telemetry Project - FY96." 6. Discussion - Proposed Kenai Animal Shelter. EXECUTIVE SESSION - Inlet Woods Litigation. 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 K. 1. Citizens (five minutes) 2. Council -3- 3. Resolution No. 96-18 - In support of the Alaska Children's Trust. 4. Resolution No. 96-19 - Changing Appropriations by $2,000 in the Non -Departmental Department in Order to Pay for a Civil Rights and Anti -Discrimination Seminar. 5. Resolution No. 96-20 - In Support of the Kenai Peninsula Borough North Zone All -Hazard Emergency Response Plan. 6. Resolution No. 96-21 - Recognizing the Social and Economic Importance of the Tourism Industry and Sports Fishing to the Kenai Peninsula. 7. Resolution -No. 96-22 - Changing Appropriations by $8,221.50 in the Shop Department of the General Fund. 8. 1996 Liquor Licensee Continuance Protest - WITHDRAWAL - BPOE Elks Lodge #2425 - Club. 9. *1996-97 Liquor License Renewal - Upper Deck - Tourism/Beverage Dispensary. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board E. MINUTES 1. *Regular Meeting of February 7, 1996. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 -2- KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 2 Barlow explained the present Borough ordinance only authorizes the hospital to offer hospital services and alcohol care. The ordinance was developed in the 1970's and has not been amended since. The hospital is doing much more to respond to changes that have occurred. Because of the changes taken place over the years, both the Hospital Board and the Assembly felt it would be good to update the ordinance. The intent is to provide a broader definition of services to better serve the community. In this way, the ordinance would not have to be changed each time another service is needing to be offered (amending the ordinance requires a vote of the people). Barlow stated he was not sure how the broader definition would affect Kenai. He referred to council's past discussions about the concept of the awareness of the hospital in Kenai. With the current language (of the ordinance) he was not sure anything could be done in Kenai. Barlow added, the approval of the proposition would not change the mill levy and he was not sure anything would change at the hospital with its passage either, but with the updated language, changes could be made. Barlow requested council's consideration of the proposition as being in the best interest of the community and the hospital. He did not think the hospital could be a progressive part of the community without the change in the language. B-2. Laura Measles - Proposal for Co -Sponsoring City of Kenai/Kenai Chamber of Commerce Pamphlet. Measles reported that every department head within the City of Kenai would be involved with the Job Shadow Day on March 6 and thanked the city for their support. Measles discussed with council the Kenai Chamber of Commerce's desire to update their relocation pamphlet. The last time the pamphlet was updated was approximately three years ago, at which time council approved the city's donation of funds to the Chamber for the update to be done. Since then the pamphlet has been placed in every relocation packet sent to people who requested information on the area and who were considering a move to Kenai. Some of the photographs and information included in the pamphlet is outdated. Measles reported the Chamber had discussed the updating of the pamphlet, but their funds are limited. Mayor KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 21t 1996 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Swarner, Moore, Measles, Bannock, Smalley and Williams. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: C-5, Resolution No. 96-20 - A substitute resolution for consideration (memo of explanation attached). ADD AS: Information Item No. 21 - KK letter to area legislators regarding Kenai Water System Improvements/ADEC Municipal Grant Scoring. I Y i•�F Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams stated he had no changes to the consent agenda and declared the consent agenda approved as presented. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Rulan Barlow► - Administrator, Central Peninsula General Hospital. (Spoke after B-4.) Mr. Barlow gave an overview of the Central Peninsula Hospital Service Area Ballot Proposition No. 1 which was being voted on in a special mail -in election of March 12, 1996. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 4 new in working with Kenai's traffic range. Airport Manager Ernst explained he met Ms. Ryan during an AAAE conference a few years ago. Use of this type of business could possibly place another $12,000 in the airport revenue. The present free-standing kiosks would be removed and that in itself would make more room. There would be some kiosks placed in the post areas of the terminal, but would take up a smaller amount of space. He requested Ryan come to Kenai and examine the airport. She took videos of the terminal and then had her staff come up with different designs. Ryan was asked how those people who now pay for advertising space work into the design. Ryan answered those businesses would be given the first right to the new opportunities. In their experience, 90% of the time, they opt to move into the new program. They always try to accommodate those who do not want to be included. They transition advertisers into the new program. They find that by the time their contracts begin, the current advertisers' contracts are ending. They will either transition those advertisers into the new program or accommodate them in some way with their current contract. Ryan added they hire local companies to do the graphics. Councilman Smalley asked if the Airport Commission had reviewed the proposal. Ernst answered he took it to them for review at their last meeting, however there was no quorum and no vote could be taken. Councilman Bookey stated he would like the Commission to review the proposal and make a recommendation to council. Williams noted the FAA requirements involved with small businesses, etc. and asked if those requirements would be maintained. Ryan stated that in all of the airports they are involved with, they have exclusive contracts. The FAA rules stipulate the only case in which the city has exclusive rights is in the case of air -side activities. Land -side activities are beyond the exclusive rule. Exclusive contracts are allowed with (1) land -side with a capital contribution, it must amortized over a certain period of time for it to become a profitable business (which this would be the case); (2) a ten-year contract would be required (which they have with all of their airports with a similar traffic level); and (3) they are a 100% disadvantaged enterprise which would help with the DBE requirements of FAA. Williams asked City Manager Manninen for his opinion. Manninen stated his only concern would be going sole -source with any one company without going to a request for proposal and at least finding out if there is some other market out there. He added, KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 3 Williams had told the Chamber Board that an amount of money would be placed in the council's FY97 budget to pay for the cost of the updating of the pamphlet. The Chamber would do the planning and development of the pamphlet. The city would pay for the cost. Measles added she had requested Bob Frates, Keith Kornelis, and Sheryl Paulsen to help her with the development of the pamphlet. Measles requested council's input as to information they would like included in the pamphlet. She will bring the planned pamphlet back to council for their review prior to reproduction. B-3. Patricia Ryan - Interspace Airport Advertising. Ms. Ryan distributed an advertising proposal and artist renderings of proposed concepts for the Kenai airport and reviewed the information with council. Ryan explained her company had been in the business of airport advertising for over 21 years. It is the company's only business and it handles the advertising of 55 airports. Ryan further explained her company was interested in handling the Kenai Airport's advertising because they feel the Kenai Peninsula has a good revenue base. Her company would assist in making sure the advertisements would be in compliance with the ADA. Advertising would be allowed in a variety of sizes, and include back -lit displays, display cases, etc. They would coordinate with the airport manager and use the same finishes and textures already used with the counters and walls. Their intent would be to hire a local person to work for them in regard to the Kenai airport. That person would be available to the airport manager on a 24-hour basis and would be supported by their corporate office. The locally -hired person would be able to approve contracts, reports, layouts, etc. Ryan reviewed the medial market comparisons and research her company conducted, including a survey of probable marketers. They feel it would be a win/win relationship and would take 120 days from doing a contract to sell, design and build the program. Ryan requested council's authorization for Airport Manager Ernst and City Attorney Graves to review the contract and move forward with it. Councilman Bookey asked if her company handled other airports in Alaska. Ryan answered Kenai would be their first and added, previously they have worked only with larger airports. They are KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 6 street, bring it back again, taking it before the Airport Commission and see what happens. Williams asked if council felt comfortable with that and there were no objections. B-4. Walter L. Robson, P.E. - Kenai Peninsula Borough Public Works Department - Request for Initiation of Acceptance of KPB Baler Floor Wash Down Water. Rob Robson - Referred to his letter which was included in the packet. His letter requested council's consideration for the acceptance of a limited quantity of wastewater from the Kenai Peninsula Borough Central Peninsula Baling Facility floor washdown system (in Soldotna) to be treated through the City of Kenai's wastewater treatment plant. Vasey Engineering developed a report in 1994 (which the Borough funded) which evaluated the Kenai wastewater treatment plant for future loading purposes, as well as possible inclusion of floor washdown wastewater and leachate treatment through the plant. The essence of the study found there was a very small impact to the plant. Robson reported the particulars of the study and added the Borough would like a short-term application. A cost basis could have to be decided. He has been discussing the matter with Kornelis as to the mechanics of the use and how it would work. Kornelis was asked for comments. Kornelis reported the Borough paid for a leachate study and the biggest concern was meeting the EPA requirements of water coming into the plant. They have had indications from EPA that the city's new permit would be much more stringent. Material from the baler may not meet the requirements without a mixing zone. To decide that, another study would be needed and done by an expert. He has discussed the matter with Vasey Engineering. Kornelis suggested the Borough be approached for one-half the funding needed to do the study on the development of a mixing zone. Kornelis stated EPA would rather have a mixing zone for the existing plant than having a pre-treatment requirement for the baler water. The material is real small in quantity but EPA doesn't think wastewater from the baler that will not meet the requirements should be added to the city's wastewater which also will not meet the requirements. Dilution is not a solution and in this case, it won't work. They feel the best way would be to do a mixing zone method. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 5 he appreciated all the work that the airport manager had gone through and Ms. Ryan on the/city's behalf, but wondered whether the city should go slow at this time. He thought would be his recommendation not to jump too soon. Manninen added, it is nice to look at going from $7,000-$8,000 to $10,000 to $30,000- $35,000, but they are looking at a ten-year locking up the airport. They are looking at an investment, freeing up some staff time. It's the first time he had seen the proposal and didn't want to jump at it that quickly and didn't think anybody was asking for a decision at this meeting. He added, he thought it could work, but would like to have the attorney to get involved with it to see how the city could do it. If it's a workable thing, it would free up time and will increase revenues. The question would be locking up advertising in the airport for a ten-year period. Also, council may want to think the other side of raising the revenue stream is that somebody has to pay the revenues. Who is the somebody that will pay? It's the local people that are advertising; whether it is fishing guides or car rental agencies. Whatever, if there is a four -fold increase or three -fold increase, they will be the ones that will pay for it. He would like to see someone willing to invest in the airport, but council might feel a lot of heat if a lot of people were saying they had been in the airport for $250 for a 21x6' sign and that's all they need, but don't want to pay $1,000-$1,500 a year for the same product or same surface area. Ernst stated he asked the City Attorney how he felt about putting the contract out as a professional service contract or a sole - source contract. They came to the consensus that an RFP would be in order and it would be a simple one, asking for the proposers' idea of what they can do for the airport. The RFP would be advertised and then compared with what is there. Ernst added, he realized this would probably impact the current advertisers, but at the current rate, they have been getting a really good deal for $200 a year. The low price is indicative of the advertisements -- some of the kiosks, which have been paid for by the advertiser, don't have an advertisement in the space. Councilman Bannock referred to a comment of Manninen in regard to investments. Bannock brought to council's attention part of the proposal entitled Total Projected Capital Investment. Bannock asked Ryan if that was a cost her company would pay? Ryan answered yes. Williams requested Administration to proceed with the development of a small RFP commensurate with the project, put it out on the KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 7 Measles stated his concern with a mixing zone, is that it is being fought by environmental and commercial fishing groups in Cook Inlet. He is not sure what future it has in the Cook Inlet. Bannock asked if there was any advantage to the city to do this. Kornelis answered that he and the STP operators feel the city's wastewater, by itself, would be out of compliance with metals (lead and copper). They are also very concerned there could be a hazardous substance that would get into the STP plant from the baler. There would be holding tanks, testing, etc. before it would be injected into the city's system. Kornelis continued that the city would have the right to refuse taking the water. The City of Valdez takes washdown water and has requirements included in their code. He has requested a copy of the code for he and the operators to review. The city and the Borough have a pretty good relationship and they try to help each other out. Measles stated he thought that in the very near future, the city would have to either have to get mixing zone authorization under its permit or spend a lot of money to upgrade the STP. Councilwoman Swarner asked if the Borough had contacted the City of Soldotna to handle the wastewater. Robson answered yes, but they are not interested in taking the water because their plant is too small. Williams stated the council wouldn't want to give its permission until the Administration is comfortable with the way it would be handled. Williams asked Kornelis if he would feel more comfortable after getting more information from EPA. Kornelis answered yes. Kornelis added, he would probably ask for a proposal from Vasey Engienering and approach the borough mayor for additional funding for the study. Williams reminded council that the city would be spending more money if they handled the wastewater. There were no objections stated. Measles asked when the city's current permit expire. Kornelis answered it expired a year ago. He applied about three years ago, but EPA has had a lot of turn -over, as well as DEC. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:15 P.M. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 6 street, bring it back again, taking it before the Airport Commission and see what happens. Williams asked if council felt comfortable with that and there were no objections. B-4. Walter L. Robson, P.E. - Kenai Peninsula Borough Public Works Department - Request for Initiation of Acceptance of KPB Baler Floor Wash Down Water. Rob Robson - Referred to his letter which was included in the packet. His letter requested council's consideration for the acceptance of a limited quantity of wastewater from the Kenai Peninsula Borough Central Peninsula Baling Facility floor washdown system (in Soldotna) to be treated through the City of Kenai's wastewater treatment plant. Vasey Engineering developed a report in 1994 (which the Borough funded) which evaluated the Kenai wastewater treatment plant for future loading purposes, as well as possible inclusion of floor washdown wastewater and leachate treatment through the plant. The essence of the study found there was a very small impact to the plant. Robson reported the particulars of the study and added the Borough would like a short-term application. A cost basis could have to be decided. He has been discussing the matter with Kornelis as to the mechanics of the use and how it would work. Kornelis was asked for comments. Kornelis reported the Borough paid for a leachate study and the biggest concern was meeting the EPA requirements of water coming into the plant. They have had indications from EPA that the city's new permit would be much more stringent. Material from the baler may not meet the requirements without a mixing zone. To decide that, another study would be needed and done by an expert. He has discussed the matter with Vasey Engineering. Kornelis suggested the Borough be approached for one-half the funding needed to do the study on the development of a mixing zone. Kornelis stated EPA would rather have a mixing zone for the existing plant than having a pre-treatment requirement for the baler water. The material is real small in quantity but EPA doesn't think wastewater from the baler that will not meet the requirements should be added to the city's wastewater which also will not meet the requirements. Dilution is not a solution and in this case, it won't work. They feel the best way would be to do a mixing zone method. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 9 split into two zones. Blaedorn explained the north zone boundary is the Kenai River and the VIP Subdivision was located in the Central Zone. Blaedorn stated that location of the VIP Subdivision in the Central Zone would not affect the city's ability to respond to that area if the bridge was intact, etc. Williams noted in Section 1 of the substitute resolution, it discussed the idea of adopting the response plan "contingent upon amendment to the Kenai Peninsula Borough Code, Chapter 2.45.020(B)(3) & (4), to include all of the City of Kenai in the North Zone." Williams asked if the Borough would change their code to allow all of the city to be in the north zone. Blaedorn stated the Borough would prefer adding the sentence to Section 1 of the original resolution as she stated before. Changing their code would include returning the ordinance to the Assembly, changing maps, rewriting the Central Zone plan, another review of the Central Zone plan by the Soldotna City Council, etc. Councilman Bannock suggested removing "of the North Zone" from Section 1 of the substitute would accomplish the same and would allow the city to be in charge of all properties within the city of Kenai. Fire Chief Burnett explained he wanted to make council aware that under the Borough's ordinance, Chapter 2.45, the North Zone specifically stated the "City of Kenai lying north of the Kenai River" and under the Central Zone, "the City of Kenai south of the Kenai River" lies within the Central Zone. He was mostly concerned that there would be a split within the city. He believed it was imperative council review this and understand that there would be a split. He understood the split and the reasoning for it (if the bridge goes out in a disaster, could the City take care of VIP Subdivision, etc.). However, Tyonek is also within the North Zone and in a disaster, how would the city take care of it? In reality, does the city want to lose the south side of the river in a disaster situation (the way the Borough's ordinance reads)? Councilman Smalley asked Burnett how he would respond to Blaedorn's suggested amendment which would not preclude the city from servicing the Central Zone. Burnett answered he concurred with that within the City's resolution to adopt the North Zone plan as it was written, however at a later date he would prefer having the Borough revise their ordinance to accommodate the City of Kenai, in its entirety, within the North Zone (that part of the City of Kenai lying south of the Kenai River). KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 8 ITEM C: PUBLIC HEARINGS Mayor Williams requested Item No. C-5, Resolution No. 96-20 be brought forward at this time for consideration. C-5. Resolution No. 96-20 - In Support of the Kenai Peninsula Borough North Zone All -Hazard Emergency Response Plan. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 96-20 and Councilman Measles SECONDED the motion. Williams noted Nancy Blaedorn of the Borough Emergency Management Office and Bill Morris, the Borough's planning consultant for the emergency response plan were present to speak to Resolution No. 96-20. Blaedorn - Blaedorn explained that when the Borough's emergency management ordinance was written, it divided the Borough into four zones for disaster management and response; north, south, east and central. The larger portion of Kenai is within the North Zone, "...Beluga, Tyonek, all oil and gas facilities on the west side of Cook Inlet, all offshore oil and gas platforms, Nikiski, Point Possession, Beaver Creek Oil and Gas Fields, the City of Kenai lying north of the Kenai River. The Central Zone includes the portion of the city of Kenai "lying south of the Kenai River." Blaedorn added, the zones would not affect jurisdictional or response boundaries. Blaedorn stated the Borough requested an amendment to Section 1 of the original Resolution No. 96-20, adding a sentence to say: "Adoption of this plan by the City does not preclude the City from providing emergency services to any part of the City included in the Central Zone." She felt this amendment would remove the need for the substitute resolution also brought to council at the beginning of the meeting. Williams referred to a memorandum from Fire Chief Burnett which was attached to the substitute resolution brought to council. The memorandum discussed Burnett's concern that the city would be KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 11 Smalley referred to the fourth whereas of the substitute resolution where it stated, "the North Zone shall be adopted by the City of Kenai in its entirety." He added, that would basically take care of an amendment and would only impact what is taking place in the City and wouldn't affect the Borough ordinance. Blaedorn explained that if an incident would happen only in the City and there would not be an area -wide disaster, the City would take care of it, unless the City would not have the resources. If they did not have the resources, they could turn to the Borough for help. Smalley asked, if there would be an area -wide disaster, would the City still have the right to service, as best it could, the entire City of Kenai? Blaedorn stated the City would have that right as it is the City's jurisdictional boundary and response area. If a disaster impacted one area of the City and not any other areas of the Borough, the boundary could be widened out and the affected area included in the North Zone. The plan is flexible. Measles suggested the Borough's requested amendment to the original resolution would take care of the situation. Measles asked Blaedorn if the substitute resolution would be passed, would it not require maps, boundaries, etc. be needing changes made? Blaedorn answered yes. Williams explained he understood the discussion as follows: If the original resolution is considered, with the Borough's suggested amendment, it would give the City every right to do anything it wants within the entire boundary of the City at any time seen fit without specifically designating the other side of the river into the North Zone. If the resolution is adopted with the inclusion of the fourth whereas, it would require the Borough to amend maps, plans, zones, etc. and approvals from the Borough, City of Soldotna and City of Kenai. Williams stated he thought the original resolution with the Borough's amendment would take care of the needs of the City. MOTION TO AMEND: Councilman Measles MOVED to amend Section 1 of the "Now, therefore be it resolved" section of the resolution be amended to include the wording as suggested by the Borough. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. There were no public comments. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 10 Burnett explained the substitute resolution added a fourth whereas stating, " ..the North Zone, as adopted, shall include the City of Kenai in its entirety..." That would not require any changes by the Borough. In Section 1 (of the substitute), "contingent upon amendment to the Kenai Peninsula Borough Code, Chapter 2.24.020(B)(3)&(4).... in the North Zone" could be struck and include the Borough's requested amendment instead. Burnett explained the Central Zone had been adopted and it includes the City of Kenai situated on the south side of the River (VIP, canneries). Williams noted the plan was not in place at the time of the fall floods. Burnett added, the resolution adopting the North Zone, would not take place of the City's emergency plan. That all stays intact. This resolution only adds to the Borough -wide disaster plan. Williams requested an opinion from City Manager Manninen. Manninen explained Substitute Resolution 96-20 basically said all the city would be included in the North Zone and none of it would be in the Central Zone. What the Borough representatives said was that would cause them to go back and amend the resolution before the Assembly, before the City of Soldotna, etc. With much due respect who has worked long and hard, a number of years, the Borough Assembly people, the Fire Department, Police Department, etc., he didn't think either one would make 150 worth of difference as far as how it would operationally work once it is passed. He added, he thought it would be passed, and if there is an emergency, short of a nuclear disaster or earthquake, decisions have to be made on whatever personnel and equipment is available to respond to emergencies and they have to be allocated. Because VIP is in the Central Zone wouldn't mean they are the City's poor stepbrother or step -sister and the City wouldn't give them services. They would still remain in the City of Kenai and they would receive services from police, fire, ambulance services and so forth. If the bridge is out, then the city would have to work on some other way for the City to get them services, whether by helicoptering, flying people over. The resolution doesn't speak to how the operations would be done on the street when there is an emergency, it speaks to the plans worked on for four or five years, getting the plan adopted. However, he respects everyone who had their resolution out front, but he didn't think once either one was adopted, it would make much difference to the operation, if council chose the substitute or the original one from the packet. It's like having a mutual aid agreement for police and fire services. You have to have decisions made when you get the emergency and the resolution didn't speak to how those services are allocated. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 13 MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1674-96 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 96-17 - Awarding a Contract for Furnishing and Delivering All Fuel to the City of Kenai, to Kenai Airport Fuel Service, inc. for the Amount of .785/Gal. for Diesel 11; $.695/Gal. for Diesel 12, and .830/Gal. for Unleaded Gasoline. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 96-17 and Councilman Moore SECONDED the motion. There were no public comments. Councilman Smalley requested the amount for Diesel No. 2 on the agenda be corrected to $.695/gallon instead of $6.95 as presented. Councilman Measles stated he would not support the resolution as he did not agree with the fourth whereas, which stated the city had "decided to dispense its own fuel." Measles added, he did not believe council had made that decision. Measles explained he preferred the original resolution which was brought to council at the February 7 meeting (Resolution No. 96- 10). Resolution No. 96-17, if passed, would spend a lot of unnecessary monies to upgrade the city's system when there is no need to do so. Councilman Bannock stated he agreed with Measles and asked if there was another alternative. Williams suggested voting on the resolution, either pass it or not. If it is not passed, temporary arrangements would be needed for purchase of fuel. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 12 Councilman Bannock referred to Section 1 and stated the North Zone Emergency Response Plan would then not apply to a situation in VIP. Williams stated that was correct, although the amendment would state it would not preclude the city. Bannock asked if the North Zone plan would apply to VIP. Measles stated the Central Zone plan would apply to VIP. Williams added, the plan, however, would not preclude the City from taking over that portion of the Central Zone that is within the City of Kenai during an emergency. Williams added, it seemed that VIP would have dual coverage (North and Central). VOTE ON MAIN AMENDED MOTION: Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. EXECUTIVE SESSION: MOTION: Councilman Smalley MOVED to convene in an executive session of the council of the City of Kenai concerning matters that recognize attorney/client confidential communications, strategy and settlement discussions for the Inlet Woods litigation. Smalley requested Attorney Haggard, Attorney Graves and City Manager Manninen attend the session with the council. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. EXECUTIVE SESSION: 8:42 P.M. BACK TO ORDERS 9:41 P.M. Councilman Measles reported the council reviewed, with the bankruptcy attorney, Inlet Woods litigation and provided the attorney with direction of how to proceed with that litigation. C-1. Ordinance No. 1674-96 - Increasing Estimated Revenues and Appropriations by $5,300 in the General Fund and the Airport Land Sale Trust Fund for the Purchase of Property Adjacent to the Kenai Senior Center Onto Which a Storage Building Has Been Relocated. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 15 VOTE ON RECONSIDERATION MOTION: Bookey: No Swarner: No Measles: Yes Bannock: Yes Williams: Yes MOTION PASSED. Reconsideration of Resolution No. 96-10: Moore: Yes Smalley: Yes Councilman Measles stated he was having a hard time finding a reason for the city to rebuild and maintain its fuel system when it could purchase gas at a service station for six cents a gallon and eliminate a lot of liability for the city. He added, he believed more liability would be created for the taxpayers if the facility would be continued. Councilman Moore asked when the contract would end. Kornelis answered December 31, 1996. Moore asked if then a new contract would come to council for consideration. Kornelis answered yes, or the contract would again go to bid. Moore stated he would support the resolution if he heard no other arguments not to support it. Williams noted, if they decided to upgrade the city system, there would be that cost, potential liability and the maintenance costs for the special equipment required. Smalley stated he spoke with the people from which the city would be purchasing the fuel and found that tankers would be available for dispensing fuel as well. The city would not be giving up all its independence to get the fuel. He strongly supported Resolution No. 96-10. Councilman Bannock asked if the bid (proposed for Resolution No. 96-10) was still valid. Answer from contractors (in the audience) was yes. Councilwoman Swarner asked what would happen with the fuel now in the tanks and how long would the city keep it there. Kornelis answered the fuel would last about four months if used as back-up. However, it wouldn't take long to empty the tanks. Councilman Measles suggested that if the resolution passed, council recommend the tanks be emptied and not refilled. If they were going to curtail the use of the system because of the liability, then they should not be using old worn equipment. Kornelis stated they could turn off the valve and lock it. Measles stated the liability would still be there. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 14 Smalley suggested placing Resolution No. 96-17 on the table and reconsidering Resolution No. 96-10 or delete the fourth whereas in 96-17. Measles stated there were other areas of 96-17 which he felt would need changing as well. Williams clarified the discussion and stated Resolution No. 96-17 would continue the present operation of the city, i.e. dispensing fuel from its own fuel system. Williams added, he thought council wanted to do away with as much liability as possible. Smalley stated that some of the concerns discussed at the last meeting were what would happen in an emergency. How would the city purchase fuel from an independent supplier? There had been some discussion about the city having its own generator to allow for pumping of fuel if there was no power. Public Works Director Kornelis provided costs involved to upgrade the city's facilities as well. Williams asked, in a disaster, who would decide to initiate marshall law. Answer was the governor. Williams added, marshall law would allow government officials to attach anything they wanted. If there is a disaster, the city would be able to get fuel if it is needed. Councilman Moore stated he was not sure he was ready to vote on the resolution as the discussion of the fuel tanks took place prior to his becoming a councilmember. He added, there were good arguments on both sides. MOTION: Councilman Moore MOVED to table Resolution No. 96-17 to no time certain. Councilman Smalley SECONDED the motion. VOTE: Bookey: Yes Measles: Yes Williams: Yes MOTION PASSED. Swarner: No Bannock: Yes MOTION TO RECONSIDER RESOLUTION NO. 96-10: Moore: Yes Smalley: Yes Councilman Moore MOVED to bring back the resolution from the previous meeting (Resolution No. 96-10) and Councilman Measles SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 17 MOTION: Councilman Measles MOVED to table the resolution until more information is received and Councilman Smalley SECONDED the motion. Williams requested Clerk Freas contact Senator Salo and Representative Navarre's offices and ask them to determine how much money did the Governor intend to ask the Legislature for and from where the money would be taken. VOTE: There were no objections. SO ORDERED. C-4. Resolution No. 96-19 - Changing Appropriations by $2,000 in the Non -Departmental Department in Order to Pay for a Civil Rights and Anti -Discrimination Seminar. MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-19 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-6. Resolution No. 96-21 - Recognizing the Social and Economic Importance of the Tourism Industry and Sports Fishing to the Kenai Peninsula. MOTION: Councilman Bannock MOVED for approval of Resolution No. 96-21 and Councilman Measles SECONDED the motion. There were no public comments. Mayor Williams stated his inclination would be to table the motion and any and all future motions with anything to do with the fishing community in general. Williams reported he attended the Fish Board hearings and brought back copies of the ISER study. In his discussions, it became very apparent that there was a great deal about the fishing business that they are not privy to. Williams added, he would like council to develop a policy statement to put out KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 16 Williams asked how much fuel was left in the dock tanks. Kornelis stated those tanks were full so there would not be condensation over the winter. VOTE ON RESOLUTION NO. 96-10: Bookey: No Swarner: No Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes MOTION PASSED. Measles asked direction be given to Administration to empty the fuel tanks at the shop and cease to use that facility after the tanks are emptied. There were no objections from council. Williams stated he so directed. C-3. Resolution No. 96-18 - In support of the Alaska Children's Trust. MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-18 and Councilman Measles SECONDED the motion. Williams stated he requested the resolution be brought to council after receiving a letter from the Governor. The Governor wants to get the Trust Fund up and active. It was established by the legislature in 1988 but never funded. Some modifications have been made in order that donations can be sought from corporations and individuals as well as some funding from the legislature. Questions were asked as to where the legislature would fund the Trust from and if it would be monies taken from municipal assistance and revenue sharing. Williams stated he did not know from where the funding was to come, however there was an effort to identify public and corporate sources for funding. Measles stated he understood the Governor was wanting to set up a mini -permanent fund where a principle would be maintained in perpetuity. Measles asked from where the principle would come and how much would it take to maintain the fund in perpetuity. Williams answered he did not know. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 19 VOTE ON THE AMENDMENT: There were no objections. 80 ORDERED. MOTION TO AMEND: Councilman Moore MOVED to amend the resolution by striking "without special preference for one user group over another within sound biological guidelines" from the last whereas, and insert "within biologically sound means and river bank habitat friendly methods that do not jeopardize future returns of these stocks." Councilwoman Swarner SECONDED the motion. Councilman Bannock stated he would have a problem with the "river bank friendly" portion of the amendment and asked what it would mean. Moore explained he did not want the river bank to be destroyed. Bannock stated the Borough would have objection to it as well as it would be involving the river bank protection ordinance. Councilman Smalley stated he did not think any one on council would want to have the river bank destroyed. A row boat going down the river would cause some erosion. VOTE ON SECOND AMENDMENT TO THE MAIN MOTION: Bookey: No Measles: No Williams: No MOTION FAILED. MOTION TO AMEND: Swarner: Yes Bannock: No Moore: Yes Smalley: No Councilman Measles MOVED to amend the last whereas, striking "with equal opportunities for all without special preference for one user group over another." (It would then read, "...it is in the best interest of the State of Alaska and the City of Kenai to maintain viable recreational and commercial fishing within sound biological guidelines. Councilwoman Swarner SECONDED the motion. VOTE ON AMENDMENT: There were no objections to the amendment. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 18 anytime there is a question about a fishing industry. The statement would say the council supported the fishing industry and the City of Kenai. Williams asked to set the resolution aside. Councilman Smalley stated he thought council needed to deal with this resolution. In the last meeting, discussion was in support of the adopted uses of the fishing allocations to all user groups. That would be his support of C-6. Councilman Bannock explained he requested the resolution be brought forward and that the resolution was authored by Ron Rainey. Bannock added, he agreed, the city needs to get out of the fish business. The resolution passed at the last meeting opposed the FISH Initiative, but also divided the sports and commercial fishing industries. This would be a way to smooth the edges and support both sport and commercial fishing industries. Bannock added, he supported the resolution. He would however, like this resolution to be the last fish -related resolution. He agreed a policy should be developed. Councilwoman Swarner stated she agreed with both Bannock and Williams' remarks, however she did not like the fourth whereas of the resolution if it was to support both commercial and sport fisheries. MOTION: Councilwoman Swarner MOVED to delete the fourth whereas: 11... the dramatic increase in the number of eastside set nets in recent years has limited the escapement of Kenai River Kings and reduced the sport fishing opportunity". Councilman Moore SECONDED the motion. Williams stated the council's resolution opposing the FISH Initiative was moot as the petitions had been certified for election. That is why he thought council should develop a policy. Councilman Measles stated he did not think the River could survive, over the future years, all the groups and agencies who want to protect the river. The use of the river should be decided by biological findings and not by feelings of special interest groups. The political damage to the river would be worse than biological use. Bannock stated he was talking about the fundamental fairness. He felt council, by passage of the resolution opposing the FISH Initiative, slighted half the industry. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 21 MOTION: Councilman Measles MOVED to withdraw the 1996 liquor license continued protest and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. C-9. 1996-97 Liquor License Renewal - Upper Deck - Tourism/Beverage Dispensary. Approved by consent agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported the Council on Aging met and the minutes of the meeting were included in the packet. Swarner read into the record a letter from the Council on Aging which requested council's permission to contact local businesses for donations. The donations would be used for a combined fund- raising activity of the Kenai and Soldotna Senior Centers. Swarner further explained the donations would be used in an auction in August. Council had no objections. Swarner noted there was a vacancy on the Council on Aging and referred to three applications for appointment included in the packet. Swarner recommended appointment of Betty Nelson as she has never been on the council in the past and the other two applicants had served in the past. There were no objections to the appointment of Betty Nelson to the Council on Aging. D-2. Airport Commission Councilman Measles reported council appointed James Bielefeld to the Commission during their last meeting. Mr. Bielefeld came for the meeting, however there was no quorum. The Commission still has one vacancy. Airport Manager Ernst explained the vacant seat was designated for a FAA representative. He has distributed applications to tower and administrative employees. He had received no responses. D-3. Harbor Commission Councilman Bookey reported he could not attend the Commission's last meeting. Kornelis reported the minutes of the meeting were included in the packet. The Commission asked him to bring KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 20 Moore asked if council should include their opposition of the FISH Initiative on the resolution. Williams stated he did not think so as it was a moot point. VOTE ON MAIN AMENDED MOTION: Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: No Williams: Yes MOTION PASSED. Councilman Moore stated he believed it was the city's responsibility to get involved any time politics get involved with the fishing industry. Williams stated he agreed to a certain extent. Williams added, after attending the Fish Board hearings, he was not sure that anything they do has a bearing on what decisions are made. Williams proposed council close dipnetting at the mouth of the river if the Fish Board expands the use, and allow the Fish Board or the Governor take the city to court to say they cannot do it. Moore stated it would, however support taxpayers of the city. Councilman Smalley stated he did like the "special preference" statement in the last whereas. C-7. Resolution No. 96-22 - Changing Appropriations by $8,221.50 in the Shop Department of the General Fund. MOTION: Councilman Measles MOVED to remove Resolution No. 96-22 from the agenda and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. C-8. 1996 Liquor License Continuance Protest - WITHDRAWAL - BPOE Elks Lodge 12425 - Club. Clerk Freas explained council had acted to continue the protest of the 1996 license renewal of the Elks Lodge because of taxes owing with the Borough. The Elks Club, since then, became current with the Borough and the Borough withdrew their protest. Because council must make that determination for the city, Freas wrote a letter to the ABC Board and told them that the obligations had been satisfied, however she could not withdraw the protest and explained when council would meet next. Freas requested a motion to withdraw the continued protest. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 23 to the Commission. Clerk Freas added, she had also talked with the applicant in regard to appealing the matter to the Board of Adjustment. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported the minutes of the last meeting were included in the packet. Goals and objectives of the Committee were discussed. A theme for the summer of 1996 was chosen: "Come Grow With Us" D-7b. Historic District Board Councilman Moore stated the next meeting was scheduled for February 27. Moore referred to two applications included in the packet for appointment to the Board. The applications were from Bill Kluge (architect) and Rebecca Godek. The code requirements were reviewed and both were appointed. D-7c. Challenger steering Committee No report. D-7d. Kenai Visitors & Convention Bureau Board Councilman Bookey reported the minutes of the last two board meetings were included in the packet. ITEM E: MINUTES Regular Meeting of February 7, 1996. Approved by consent agenda. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS None. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 22 attention to the fact that they heard a report from Bill Nelson in regard to possible grant funding for bluff protection. The Commission requested Nelson bring a proposal to the city in regard to bluff erosion control, using concrete pillars. D-4. Library Commission Councilman Moore reported the next scheduled meeting would be held on March 5. The minutes of the last meeting were included in the packet, as well as their revised goals and objectives. D-5. Parks & Recreation Commission Councilman Bannock reported no meeting had been held since the last council meeting. There would be a special meeting on Monday to discuss their budgets. D-6. Planning & Zoning commission Councilman Smalley reported the minutes of the January 24 and February 14 meetings were included in the packet. An election was held during the 2/14 meeting. Kevin Walker and Carl Glick were elected as chair and vice -chair, respectively. Smalley also reported a long discussion was held in regard to a request for an encroachment permit. Many people spoke in opposition to the permit. The site plan for the Mapco station was passed and a request for a proposed residential zone was presented to the Commission by Mr. Christian. Smalley stated his concern with the proposed zone was that it covered approximately 1,000 acres of city property and would place title restrictions on the sale of properties and existing homes. Smalley referred to the request of Commissioner Quade to attend a planning seminar in Anchorage which was included in the packet. Council had no objection to Quade attending the seminar and approved funds from their Legislative budget to pay for the registration and airfare. Referring back to the discussion of the encroachment request, Smalley stated the applicant was given several options. Attorney Graves reported the applicant had a new as -built done and it showed the building was not encroaching. City Engineer La Shot, after seeing the new as -built, suggested the applicant re -apply KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 25 Introduced by consent agenda. H-6. Discussion - Proposed Kenai Animal Shelter. Williams referred to the letter from Bill Kluge which was included in the packet. The letter discussed the estimated cost for building a new shelter to be $594,636 and the cost for the development of contract documents to be $28,185. Williams explained he had requested the information from Kluge because he was feeling more confident that funding would be received to complete the water well. Williams asked council if they felt they should proceed with the preparation of the plans. Moore asked what the $28,136 would buy. Williams explained Kluge would prepare full and complete contract documents and bid -ready prints for the new building. Kornelis stated Kluge had already done a lot of the work. The schematics had been completed. Councilman Smalley stated he believed the council should proceed as the present shelter is a health and safety issue for employees. Bookey asked if the city would finance all of the construction costs. Williams answered yes. Bookey asked if the building could be built for less. Williams stated that in the past, bid estimates had been high. Williams suggested they proceed with the design of the building and bring estimate amounts, etc. to council for review. If the cost seems too high, changes could be made. Bookey stated that if bid -ready documents are prepared, they will be locked in. Williams suggested council could place a not -to -exceed amount of $500,000 on it. Kornelis stated the building design had been cut back once already. The schematics could be brought to council for review. Williams asked council if a contract for Kluge's services should be prepared. Swarner asked where the shelter would be built. Answer was beside the present shelter. Kornelis added, a site plan has been developed. They plan to continue using the existing shelter while the new shelter is being built. Council agreed to direct Administration to prepare a contract with Kluge and have Kluge attend the next council meeting, bringing the schematics, site plan, etc. for council review. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 24 ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to approve the bills and Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilman Measles SECONDED the motion. MOTION TO AMEND: Councilman Measles MOVED to delete the last item to Statewide Petroleum in regard to the fuel pumps at the city yard. Councilman Bannock SECONDED the motion. There were no objections. 80 ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. 80 ORDERED. H-3. Ordinance No. 1675-96 - Amending Kenai Municipal Code, Personnel Regulations, Sections 23.25.070, 23.30.030, 23.30.110, 23.40.060, and 23.40.150. Introduced by consent agenda. H-4. Ordinance No. 1676-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. Introduced by consent agenda. H-5. Ordinance No. 1677-96 - Increasing Estimated Revenues and Appropriations in a New Capital Project Fund Entitled, "Water System Improvement Project - FY96" and in a New Capital Project Fund Entitled, "Water System Improvement Telemetry Project - FY96." KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 27 I-4. City Clerk a. Volunteer Reception - Freas referred to her memorandum included in the packet. Freas asked council if they wished to hold the annual volunteer reception during National Volunteers Week in April. Council chose April 22, 1996 for the reception which would again be held at the Visitors Center from 6:00 - 8:00 p.m. b. AAMC Spring Institute - Freas reported she intended to attend the Clerk's spring institute in Juneau the week of February 26. I-5. Finance Director a. Sweeney reported he would be attending a Personnel Law Update seminar in Anchorage March 4 and 5. b. FY97 Budgets - Sweeney reported the department heads were to submit their proposed budgets by February 28. After that, he would be preparing an internal draft budget. Williams requested Sweeney prepare a brief document showing the balance owed on the LID for Inlet Woods and how much had been paid and how the financing for the remainder owed was set up. I-6. Public Works Director Kornelis referred to information items in regard to the distribution of the city's CIP brochure, etc. Kornelis invited questions from council. Councilman Moore asked if the design for the upgrade of Forest Drive was to be done in FY97? Kornelis stated he didn't think so. The letter in the packet was a response to an earlier query of his. He understood the letter to say they have not started the design. Williams suggested Kornelis contact Representative Navarre and ask him to investigate the question. He believed Navarre was trying to get the project moved forward. I-7. Airport Manager Airport Manager Ernst presented a proposed decorative pattern designed by Bunny Swan which he would like to have painted as a KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 26 EXECUTIVE SESSION - Inlet Woods Litigation - Held after Persons Scheduled to be Heard. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Mayor Williams reported a reception for the House Resource Committee would be held on 2/22/96 at the Kenai Petroleum Club; that he, Manninen, Ernst, Burnett and representatives from MAPTS would be meeting with FAA personnel in Anchorage in regard to the proposed airline fire fighting school; and, that a K-Beach Road Improvement Project Scoping work session for councilmembers, mayors, etc. would be held at the Borough building on 3/5/96 from 1:00-3:00 p.m. I-2. City Manager a. Congress of Cities Conference - Manninen reported he would attending the conference in Washington, DC from March 6-12. At the conference, he will attend a "takings" seminar. While in DC he would be meeting with Congressman Young, and Senators Stevens and Murkowski regarding the FAA antenna farm and several other issues. b. Sexual Harassment Seminar - Manninen reported this seminar would be held in the council chambers on 2/26/96 from 9:00 a.m. to 5:00 p.m. C. Personnel Code Update - Manninen reported the department heads would be meeting on 3/4/96 to discuss proposed changes to the personnel code and the five-year capital improvement update for the 1997 budget. d. HB 272/Motor Vehicle Tax - Manninen reported he attended a teleconference in regard to HB 272, giving a local option to governments to set rates for a motor vehicle tax. 1-3. Attorney Attorney Graves reported he would be attending a NIMLO conference beginning April 17. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 29 Williams added, he had reviewed the costs closely with the engineering department. He is hoping funding would be received from the state -- he was "cautiously optimistic." Measles - Measles referred to his request of Administration and the city attorney to develop an ordinance to prohibit halfway houses to operate in the city, removing the present provision (needing a conditional use permit) from the code. Attorney Graves stated he was about half done with the ordinance and hoped to bring it to council at their next meeting. Bannock - No report. Smalley - Reported he had received a telephone call from Betty Glick prior to this meeting. She reported to him that the Assembly introduced their protection ordinance at their last meeting. The public hearing was set for March 19. The Assembly would like the city to participate and offer verbiage in regard to problems they had with the ordinance as it affects the canneries. Williams - Referred to the information included in the packet regarding the development of a home page for the city. Williams reported Sheryl Paulsen had been doing all the work on the development of the page. Paulsen had been discussing the development with one contractor but she found owed sales tax. The one item this contractor offered was the development of CD's that could be distributed as advertisements for the city. Williams asked council if they were interested in the type of package that was discussed in the memorandum for a cost of $1,500. Bookey stated there were three groups that possibly could be incorporated into the city's home page, i.e. the city, the Visitors Center and the Chamber of Commerce. He believed the inclusion into the home page would be beneficial to them as well. Williams asked council if they were interested in something of this matter at the cost of $1,500. If they had no objections, he would suggest they proceed with the development of the home page. There were no objections. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 28 border above the ticket counters in the airport terminal. The cost would be $600. Council had no objections. Ernst also reported the first informational meeting in regard to the Master Plan Update would be held on 3/14/96. ITEM J: DISCUSSION J-1. Citizens Bob Peters - Was not present at the beginning of the meeting and asked what was discussed with Rulan Barlow. Williams answered he gave an overview of the Hospital service Area ballot proposition. Peters also stated he agreed and supported Williams' remarks in regard to his discussion of closing the mouth of the river to dipnetting. Peters also stated he felt Mission Avenue should be saved. J-2. Council Bookey - Stated the contract renewal date for the city manager was coming up. The expiration date of the contract was July 31 and a decision on whether to renew must be done 90 days prior to the expiration date. Bookey requested an evaluation of the city manager be done as time was running short. The decision to renew would have to be made by May 2. Council compared their schedules and set April 3 as the day to do the evaluation. Clerk Freas was requested to forward evaluation forms to the council members. Smalley asked if council would want to evaluate the clerk and city attorney during that meeting as well. Williams suggested they be evaluated at a later date. There were no objections to setting the evaluation date of the city manager for April 3, 1996. Starner - Thanked Kornelis for having the snow removed from her cul-de-sac. Moore - Asked Williams to expand on his statement that the funding for the water well was covered. Williams referred to his trip report in Juneau and his discussion with the Governor. _ / f 0 W O O N O CV IT O O Ll- O Of O 'C� O (D r O O 0 O d (D LOOD (.0 N (M� CO Q (p r (V O a r N (14 t` O O r Ln r r r r Cl) (n D O W w EL LO O r OD 0 W W Z } H w_ H 1— F}— Q Q W J J J Fz J J Z Q Q Q z Z Z W Z Q J U w O O O O O O O Q 2 > Q > > > > > > z W _ O F Z U Z_ J IL ::) O IL w w IL 0 v v c Q Q X O w X cn U Of ��Z)D�Y�Z OIt J m co coO Cl) m m cA Of OLL LL U LL LL Z Q Z Q O Y Z (1) J QQ Q U LL F- Z D 0LL Q Cl) a o Y Q Z U U Q m O w < 0 Q Z U W U Z m m Q KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 21, 1996 PAGE 30 ITEM K: ADJOURNMENT MOTION: Councilman Smalley MOVED to adjourn the meeting and Councilwoman Swarner SECONDED the motion. The meeting adjourned at approximately 11:20 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk 0,� I v U a w c� z O U u1 2 O 2 U a O LL C0 w Of w U O C� w c7 a O U) 0 J O U 2 U z a w .1.. a to cn w w� W W H > Z W Z ' W d F- cn W_ d > U z rn M 0' O W M Q Ln Ln H Z 0 Q H .. J z W uj F!� W W H 4: a:. F- z W, O W U W. :. O (L Z Z. Z W dl .. U) W 0: Z Q 0- Q 4 J Z LL D.© 0 0 0Z Z O 0 w N Q U!d W 1i Y g.z L) to O p' Q m �- D L1G W 5 (r Z } CLiJ2 Z� } Y 4'3 Suggested By: Finance Department City of Kenai ORDINANCE NO. 1678-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $21,000 IN THE GENERAL FUND FOR THE PURCHASE OF PLAYGROUND AND BASKETBALL COURT EQUIPMENT. WHEREAS, the Recreation Department desires to purchase playground equipment for Beaver Creek Park and sports equipment for the basketball court in Municipal Park; and WHEREAS, the Recreation Department desires to order the equipment immediately in order to have it available to be installed as soon as the weather turns warm in the spring; and WHEREAS, the Recreation Department does not currently have appropriations budgeted for the proposed purchases; and WHEREAS, the Kenai Rotary Club has agreed to donate $5,000 to the City of Kenai to be used for the purchase of park and recreational equipment and the donation requires a matching contribution in the same amount; and WHEREAS, the City of Kenai has a designation of General Fund fund balance for athletic expenditures which was as a result of a donation to the City of Kenai intended for such purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Increase Estimated Revenues Miscellaneous Donations $5,000 Appropriation Of Designated Fund Balance Designation for Athletic Expenditures $16,000 Suggested by: Librarian City of Kenai ORDINANCE NO. 1679-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,700 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, through March 1, 1996, the City has received approximately $1,807 as library donations for lost and damaged books; and WHEREAS, the City expects to receive an additional $893 in library donations through June 30, 1996; and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. 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: Library Donations $2,700 Increase Appropriations: Library - Books 2 700 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of March, 1996. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 6, 1996 Adopted: March 20, 1996 Effective: March 20, 1996 Approved by Finance (2/29/96) kl Ordinance No. 1678-96 Page Two Increase Appropriations Parks - Machinery & Equipment $21,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th Day Of March, 1996. JOHN J. WILLIAMS, MAYOR Attest: Carol L. Freas, City Clerk Introduced: March 6, 1996 Adopted: March 20, 1996 Effective: March 20, 1996 Approved By Finance: (2/29/96) jps Suggested by: Public Works Administr City of Kenai ORDINANCE NO 1680-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8,715 IN THE WATER AND SEWER FUND FOR THE SPUR HIGHWAY WATER AND SEWER CROSSINGS. WHEREAS, the State of Alaska has issued Change Order No. 9 for the Spur Highway project; and WHEREAS, $8,715 of the Change Order resulted from additional work involving the water and sewer crossings; and WHEREAS, the Public Works Department agrees that the additional costs are warranted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT ESTIMATED REVENUES AND APPROPRIATIONS BE INCREASED AS FOLLOWS: Water and Sewer Special Revenue Increase Estimated Revenues: Appropriation of Fund Balance $8,715 Increase Appropriations: Water - Transfers $4,358 Sewer - Transfers 4,357 $8,715 Spur Crossings - W & S Capital Project Increase Estimated Revenues: Transfer from Water and Sewer $8,715 Increase Appropriations: Construction $8,715 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of March, 1996. ATTEST: Carol L. Freas, City Clerk Approved by Finance (3/1/96) kl JOHN J. WILLIAMS, MAYOR Introduced: March 6, 1996 Adopted: March 20, 1996 Effective: March 20, 1996 XEnal comrnunity -f drzaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 MEMORANDUM TO: John P. Sweeney, Finance Directo FROM: Emily DeForest, Librarian �'✓ DATE: 29 February 1996 SUBJECT: Appropriation from Donations account. On 29 February the amount in the Library Donations account was $1807.00. Evidently donations average about $225.00 per month. I would ask the Finance Department to appropriate $2700.00 into the Library materials account, #4666, to be used before 30 June 1996. FEB-29-96 THU 12:20 DOTPF CONSTRUCTION P. 01 State of Alaska a Jcpnrtnicnt of Transportation & Public racilitics ti•�s Kenai Spur Hwy. Project Office _ Kennl Spur i•Iwy., MP 8.1•I0.G Tcicpl%0n0 No, Fax No. (907)233-2064 (907)2S3-4201 • .smittal Data / Date: Yb Scnt to: . ZQC A Z0: s T /TG6 or, / Glil Fax a Coonpany/Dept. of gK- Phone # From: �•�p Sns Number of Pages - (Including cover) TleIlts: I'M4,0�a " S'' 14,1-2rrW e 44,1 -W4 � 4W,I3_ e 4 G h ffi� I?! w /,is � d T �J 25r4C 4rce, o /r1-4JGG vh 10(&4a �i L 7� /f GA 1�7of /O t-y/ 660 f �/� 6 /3 '"^ool ... That CAN'T be tlghll" 1 All yr�ga a � awe S �, 0 � �, .+� 7/' - !J/X J/(d% OJli� s �� �'Lf/Viq✓6f.( G �( //� / CSS/ h a? ��tt '1 ��� S 'f I 1 7fef jcz0 q1v <- � � / MEMORANDUM TO: Mayor Williams and City Council THROUGH: Tom Manninen, City Manager THROUGH: Keith Kornelis, Public Works Di ctor� FROM: Jack La Shot, City Engineer CO - DATE: March 1, 1996 SUBJECT: Kenai Spur Hwy. Project - Extra Costs FOR: Council meeting of 3/6/96 a Alzoly& The state has compiled project costs from last summer's work and prepared Change Order #9 (their c.o. number). This is the first change order that has included extra costs associated with the city portion of the work (water and sewer crossings). The costs were all negotiated down from higher initial figures and total $8,715.00. The three items are all explained on the last page of the attachment. Basically, the first two items are due to using old as-builts for design of the new crossings. This is all we could do without physically exposing water line tie-in points prior to design. The third item is to replace a leaking 12" x 12" x 12" x 12" A.C. cross with A.D.I. cross. JL/kw Attachment C:\WPDOCS\PROJECT\SPUR\CO9.MEM FEB-29-96 THU 12:21 DOTPF CONSTRUCTION P.03 STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES CONTINUATION SHEET Change OrderNo.9 Sheet 2 of Project No. STP-022-I(10)/59873 Method of Measurement Item 203(9G) Construct Business Detour Sta. 533+00 to 547+00 RL will not be measured for payment The Engineer's acceptance shall constitute mcasurument. The 6 inches of Borrow "A" used for the driving surface will be paid under that item. Basis of Payment: Item 203(9G) Construct Business Detour Sta. 533+00 to 547+00 Rt shall be paid at the agreed upon lump sum of $2,500.00 Establish New Item 6274Q South 1110bush Waterline Exploration. .<- Description: Provide all labor and equipment to excavate at Kenai Spur Hwy. Sta. 451 + 36.6, 155 Lt. to find the end of the existing 8 inch waterline. Exploration shall begin at the planned location and continue south along the planned alignment at a width of 8 ft. for a distance of 50 ft. or until the waterline is located. Materials and Construction: All materials and worlananship shall meet applicable specifications. Method of Meas uru ent Item 627(C) South Highbush Waterline Exploration shall not be measured for payment. The Engineer's acceptance shall constitute measurement Basis of Payment- Item 627(C) South Iighbush Waterline Exploration shall be paid for at the agreed upon lum sutra of $3,000.00. Establish New item 627(D) Remove 4 C.Y. Thrust Block South Iighbush �-- Descr' ion: Provide all labor, equipment, and materials necessary to locate, demolish and remove the 4 C.Y. cast concrete thrust block at the termination orthe existing 8 inch waterline. Materials and Construction: All materials and workmanship shall meet applicable specifications. Method of Measurement: Item 627(D) Remove 4 C.Y. Thrust Block South Highbush shall not be measured for payment The Engineer's acceptance shall constitute measurement Basis of Payment: Item 627(D) Remove 4 C.Y. Thrust Block South Highbush shall be paid for at the agreed upon lump sum of S 1,565.00. Establish New Item 6270Install 12" DI Cross and Test at East Aliak � Description: Provide all labor, equipment, and materials necessary to expose aA legs of the existing AC waterline cross at Kenai Spur Hwy, Sta. 476 + 53.35, 176 Lt. Replace the 12 Inch AC cross with a 12 DI cross and replace all couplings to the existing waterlines. The DI cross shall be aimed such that the installed waterline will pass under 04; sewer line which will be encased. Materials and Construction- All materials and workmanship shall meet applicable specifrciations. Method of M .amurement Item 627(E) Install 12" DI Cross and Test at East Aliak shall not be measured for payment The Engineer's acceptance shall constitute measurement Basis of Payment Item 627(E) Install 12" DI Cross and Test at East Aliak shall be paid for at the agreed upon lump sum of S4,150.00. FEB-29-96 THU 12:21 DOTPF CONSTRUCTION F. 2 STATE OF ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES Ceutral Region CHANGE ORDER NO. 9 Project No. STP-022-1(10)/59873 Sheet 1 of 3 Project Name Kenai Spur Highway, MP 8.1 to MP 10.6 Contractor Alaska Roadbuilders Inc. CHANGE ORDER SUMMARY Address 44990 Ridgeway Road Calendar Days (+1-): -0- Soldotna, Alaska 99669 Estimated Amount of this Change Order: +b11,215.00 Recommended By: ?i Date a/ 2 ��Gjb Issued By: Date Accepted By: Constitutes agreement to terms, conditions, and prices stated. OR Acknowledged By: Indicates receipt of the order to perform the described work, but not the mutual agreement of the basis of payment and/or time allowance. N/A Work does not materially differ in character or unit cost from speci- fied contract/work. Contractor's Representative Date The following change(s) in the above Contract are hereby made in accordance with the terms of the Contract, and under the terms and conditions stated below. Price adjustments resulting from inaccurate cost and pricing data tine subject to the provisions of AS 36.30.400c. 'lhis document shall become an amendment to the Cuntract and all provisions of the Contract, will be applicable. DESCRIPTION OF CHANGE In accordance with Section 104 of the Specifications, the following changes in the plans and/or specifications are hereby ma&-: Fstahlish New Item 203(9G) Construct Business Detour Sta. 533+00 to 547+00 Rt. Description Provide all labor, equipment, and materials necessary to construct a 20ft. wide temporary business detour from the Airport Way untrancc to King's Inn past Craycro[l Chrysler, Kentucky Fried Chicken and Pisa Nut to enter the Kenai Spur Hwy at Sta. 533+00. Useable excavation shall be used for the subbase embankment and capped with 6 inches of borrow type "A". Materials and Construction: All materials and workmanship shall be acceptable to the Engineer. can��rom Uso l ontlnumon Jnut L71!-U9j u m4uu L FEB-29-96 THU 12:22 DOTPF CONSTRUCTION P. 05 STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Sheet 1 of 2 Sackup For: Change Order No 9 Region Review Project No. STP-022-1(10)/59873 Director/Headquarters Review (if Required) Project Name Kenai Spur Highway, MP 8.1 to MP 10.6 Contract Amount $7,587,009.67 FHWA (If Required) Substantial Change? YES F-1 NO Initials FHWA Verbal Approval Date: COMPARISON OF COST DUE TO CHANGE FA QUANTITY _ - AMOUNT ITEM NO. CODE ITEM UNIT PRICE (+or -) (+or -) Construct Business Detotw 203 9G 1000 Ste. 533+00 to 547+00 Rt. L.S. S2 500.00 +All Re ' d 42,500.00 627 C Y060 South H' hbush Waterline Exploration L.S. $3 000.00 +All Re 'd 43,000.00 Remove 4 C.Y. Thrust Block 627 C Y060 South lI' hbush L.S. $1,565.00 +All Rc 'd +$1 565.00 627 D Y060 install 12" DI Cross and Test at East Alink L.S. visa au S4;000-.W +All Re 'd +S4,150.00 NET CHANGE THIS ORDER U 2/S- U $0 Prepared By: L�2�_ esid ngineer TOTAL PREVIOUS CHANGES +$199,644.83 Prior Change Docume ACCUMULATIVE CHANGE S210,859.83 OF ACCUMULATIVE CHANGE 2.8% C'hangc Urdcrs 1-8 DESCRIPTION AND REASON FOR CHANGE Establish New Item 201(2G): Construct Business Detour Sta. 533+00 to 547+00 Rt. The plan sheets show lowering the finished grade from 3 to 5 ft. below the existing roadway between 533+00 and 547+00. Additionally excavation to the bottom of borrow "A" was 3.75 ft below finished grade for a total cut depth of 6.75 to 8.75 ft. Several high volume businesses including Kings Ina, Craycroft Chrysler, Kentucky Fried Chicken and Pizza Hut have frontage on this section of the roadway. Each business approach will be cut off because of roadway excavation and approach construction. The design Fngineer was asked how he had planned to construct the roadway in this area to provide access to the businesses and he responded that traffic control for construction were not that detailed. The Engineer reviewed the site acid deterutilied the bostt solution was to build a temporary frontage ro,W within die R/W. Another solution was to have businesses share an access and leap frog construction so one business access is always open. The disadvantage to sharing an access is that on a day to day basis access for the business's will chanize. Another disadvantage is that business lruffic would drive on rivate properry dhrough heavy !� Use Form 25D-065 for continuation. if required. 25D-054 (5-92) FEB-29-96 THU 12:22 DOTPF CGNSTRUCTIOH V. U4 STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES CONTINUATION SHEET Change OrderNo.9 Sheet 3 Of 3 Project No. STP-022-1(10)/59873 Estimate of Quantities jtem Description knit Price QItSIISiflY Amour 203(9G) Construct Business Detour L.S. +All Req'd S2,500.00 -�--- Sw 533+00 to 547+00 Rt. 627(C) South Highbush LS. +All Req'd $3,000.00 �-- Watcrline Exploration 627(D) Remove 4 C.Y. Thrust LS. +All Req'd S1,565.00 -c-- Block 627(E) Install 12" DI Cross I—S. +All Req'd $4,150.00 and Test at East Aliak It is estimated that the contract will increase approximately S 11,215.00 as a result of this Change Order. Contract Time will not be extended as a result of this Change Order. Item 642(1) Construction Surveying by the Contractor and Item 643(1) Traffic Maintenance will not be affected by this Change Or&-r. Permission is hereby granted for your previously approved subcontractors to perform all or portions of this work. PIease indicate your acceptance by signing, dating and retu uing the original and one copy of this document. Suggested By: Finance Department City of Kenai ORDINANCE NO. 1681-96 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $28,185 IN THE GENERAL FUND FOR ACQUIRING CONSULTING SERVICES FOR THE DESIGN OF THE ANIMAL SHELTER. WHEREAS, the Kenai City Council has directed that planning for the construction of a new Animal Shelter commence and that a consultant be engaged to complete the design and provide construction contract documents; and WHEREAS, the estimated cost of having a consultant complete the Animal Shelter design and contract documents is $28,185; and WHEREAS, no funds are currently appropriated for the completion of an Animal Shelter construction design contract; and WHEREAS, a capital project fund has not been established for the construction of a new Animal Shelter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Animal Shelter Capital Project Fund is hereby established; and BE IT FURTHER ORDAINED that estimated revenues and appropriations be increased as follows: Increase Estimated Revenues Appropriation of Undesignated Fund Balance $28,185 Increase Appropriations Non -Departmental - Transfers Out $28,185 FEB-29-96 THU 12:23 DOTPF CONSTRUCTION STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES CONTINUATION SHEET Backup for Change Order No 9 Sheet 2 of 2 Project No. STP-022-1(10Y59873 pedestrian traffic to access the other businesses. The Engineer determined that a temporary frontage road would be the best solution and prepared a cost estimate and asked ARB for a cost estimate to prepare: a 20 IL frontage road. ARB responded with a cost of S2,500.00 which is within 5% of the: Enginexr's estimate. -4 Establish New Item 627(Q0 South Highbush Waterline Exploration (Reimbursable with City of Kenai) Plans call for removing a plug and thrust block and installing an 8" gate valve and valve box at Sta. 451+36.6 and then installing 324 L.F. of 8" DiP to cross the Kenai Spur Hwy. foster Construction excavated to find the eud of the existing watermain but [he line was not there. The Engineer then told ARB to excavate along the alignment with an offset of 4 ft. to each side. The pipe end was located 45 L.F. further to the south. The Engineer estimates the cost to locate the end of the waterline to be S3,000.00 which ARB accepted as fair comixmsalion for their work. � Fstablish New Item 627(D): Remove 4 C.Y. Thrust Block South Highbush (Reimbursable with City of Kenai) Plans call to remove a plug and thrust block at the end of the existing 9" waterline. When the end of the pipe was exposed, which was below the water table in running sand, it was discovered that the end of the pipe did not have a standard thrust block but instead was encased in a 4 C.Y. glob of concrete. This is not a standard practice and could not be anticipated by ARB when bidding the ptujex:t. The Engineer estimated the additional cost above removing a standard thrust block to be S 1,565.00 which ARB accepted as fair compensation for the additional work. /. F-st blish New Item 627(Q: Install 12" DI Cross and Test at East Aliak (Reimbursable with City of Kenai) Plans call for the contractor to connect 347 L.F. of 8" DIP with a reducer to a 12"x 12"x 12"x 12" AC cross. When The site was excavated it was discovered that the existing cross was leaking. Rather than try to repair the existing AC cross the City of Kenai and the Engineer determined the most cost effective method was to replace the existing AC cross with a DI cross. The Engineer prepared a cost estimate. ARR responded with an initial proposal that was considerably higher than the estimate because it included dewatering costs in the running sand. The L•ngineer responded that any dewatering effent would be required for installing the planned waterline so the costs of dsw4tyripg $hgµld not be included as extra work. ARB amended their response and proposed to do the work for S4,150.00 which is within 50/9 of the Engineers estimate. City of Kenai Concurrence CITY OF KENj „td 4 41 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 �'s1 MEMORANDUM To: Mayor and City Council From: Thomas J. Manninen, City Manager'W Date: March 5, 1996 RE: Tours of City Facilities I have discussed with the Department Heads holding individual department "tours" with the entire City Council prior to the beginning of the Fiscal Year 197 budget consideration by the Mayor and City Council. Please make schedule when the City Council would want to devote an entire evening or group of evenings to touring various departments with the department heads to view the buildings, equipment, personnel, sites and to discuss individual department issues and budget priorities. Note: For City Manager's Report, 3/6/96. Include it with the revised time line for the budget that Finance Director Jay Sweeney is discussing at the Council meeting. Ordinance No. 1681-96 Page Two Increase Revenues Transfers In Increase Appropriations Design $28,185 $28,185 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of March, 1996. JOHN J. WILLIAMS, MAYOR Attest: Carol L. Freas, City Clerk Introduced Adopted: Effective: Approved By Finance: d�L (3/1/96) jps March 6, 1996 March 20, 1996 March 20, 1996 December 19 January 31 January 1 - March 11 February 15 February 15 February 28 March 11 March 11-15 March 13 March 22 March 27 April 4 April 10 April 18 April 23 -24 May 1 May 15 June 5 June 21 CITY OF KENAI FY97 BUDGET PROCESS Budget Preparation Packets Distributed New Position, Equipment, Facility & Function Requests Due Finance Department Develops Revenue And Personnel Expense Estimates, Budget Formats & Tables Capital Construction Program Due City Administrator Decides On New Requests By This Date Departmental Budget Submissions Due Consolidated Budget Submitted To Administrator Individual Enterprise & Special Revenue Fund Decrementing Sessions General Fund Department Head Decrementing Session Administrator's Initial Budget Draft Finalized First Council Budget Work Session Second Council Budget Work Session Third Council Budget Work Session Fourth Council Budget Work Session (If required). Advertise Public Hearing Public Hearing On Budget Ordinance Introduction Of Budget Ordinance Passage Of Budget Ordinance Publication & Distribution Of Budget Completed ( 1 [ I *(IN ti ANNA y-n CITY OF KENAI It c9d 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kvAhrg ,�u.staair 1992 MEMORANDUM DATE: February 29, 1996 THROUGH: Tom Manninen, City Manager II/VI TO: Mayor and City Council Members, City Of Kenai FROM: Jay Sweeney, Finance Direc>; --N SUBJECT: Budget Milestone List As requested at the last Council meeting, please find enclosed the current FY97 Budget Milestone list. enclosure as stated w MUn1cipa11ty Of n Anchorage February 27, 1996 Mayor John Williams City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Dear Mayor Williams: P.O. Box 1966,50 _ nchoragc, Alaska 995194 i Telephone: (907) 343-4431 Fax: (907) 343-4499 OFFICE OF THE NUYOR Rick .Nystrom. Jlayor This letter addresses the special Student Leadership Forum to be held in Anchorage on March 14-17, 1996 at the Hotel Captain Cook. By now you should have received information regarding the forum from the Alaska State Leadership Coordinating Office. I hope that you will make every effort to nominate and help send a delegate or two from your area. If you are unable to help with this request, please pass this information on to someone you feel could do so. Since the time is short, please do what you can to expedite this matter in your city or village. This is a wonderful opportunity for your community to send a young person or two to a conference where they can interact with leaders from across the state from various professions as well as young people their age. I believe this is something that will equip young adults in your area to have a positive impact on their community as emerging leaders in the 21st century. Thank you for considering this exciting endeavor. Please do not hesitate to call the coordinating office at (907) 248-2127 or (907) 243-4539 if you have questions or need further information. Sincerely, /ham Rick Mystrom Mayor "City of Lights and Flowers" CITY OF KEN „GdCapiW 4A 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 r�..aaq ,III�1 1992 MEMORANDUM To: Mayor and City Council From: Thomas J. Manninen, City Manager-ftpl Date: March 5, 1996 RE: Tours of City Facilities I have discussed with the Department Heads holding individual department "tours" with the entire City Council prior to the beginning of the Fiscal Year 197 budget consideration by the Mayor and City Council. Please make schedule when the City Council would want to devote an entire evening or group of evenings to touring various departments with the department heads to view the buildings, equipment, personnel, sites and to discuss individual department issues and budget priorities. Note: For City Manager's Report, 3/6/96. Include it with the revised time line for the budget that Finance Director Jay Sweeney is discussing at the Council meeting. CITY 4F KENJ ,- ;2 it cal 4 OC�ow 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 _ µme(( MEMOR h=UX To: Mayor Williams and Kenai City Council Members From: Thomas J. Manninen, City Manager Date: March 5, 1996 RE: Jay Sweeney - Acting City Manager The City Manager will be at the National League of Cities Congressional Cities Conference, March 6 - 12, in Washington, D.C. I have appointed Jay Sweeney, Finance Director, as the Acting City Manager during my absence. CITY OF KENA f, -� it Od 4 4"e-ca, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 hrftvl 1'II'1 1"2 MEMORANDUM To: Department Heads, City of Kenai From: Thomas J. Manninen, City Manager Date: March 5, 1996 RE: REDEFINING DEPARTMENT HEADS AS "EXEMPT" EMPLOYEES IN ACCORDANCE WITH THE FAIR LABOR STANDARDS ACT (FLEA). Per recent discussions with the City Attorney and Department Heads, I am issuing a directive that all City Department Heads effective immediately shall be considered exempt employees. The City Attorney, City Finance Department and City Manager's office will immediately begin the process to amend KMC Title 23 as appropriate to reflect the intent of compliance with the FLSA on this redefinition of Department Heads as exempt employees. Concurrently, there will be an amendment to the City of Kenai's Supervisory and Personnel Manuals to reflect this change. It is clear that the intent of this change is to bring the City of Kenai's KMC Title 23 into compliance with the FLSA for overtime purposes only. All Department Heads are exempt employees by the FLSA and will be exempt employees by Title 23 after amended and the Supervisor's Manual will so reflect these changes. The implementation date for changing the Code and the Supervisor's Manuals will be as soon as possible but not later than the July 1st, 1996 (the start of FY97). cc: Mayor and City Council - City Manager's Report for 3/6/96 �rFi'd" due+, AOW 'J►tie9'3/e . CITY OF KU -� &I CapiW 4 > 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1v92 MEMORANDUM To: Mayor Williams and Kenai City Couft Members From: Thomas J. Manninen, City Manage Date: March 5, 1996 RE: STATE OF ALASKA'S STATE-WIDE TRANSPORTATION IMPROVEMENT PROGRAM 1996-1998 (STIP) The Kenai projects page from Alaska Department of Transportation and Public Facilities' March 1996 State-wide Transportation Improvement Program (STIP) for 1996-1998 is attached for your review and comments. The DOT-PF STIP draft is open for public review and comment until April 5, 1996. As you can see, the Kenai projects include the Fort Kenay Mission Street Improvements for construction; the Forest Drive/Redoubt Avenue Rehabilitation for design, right of way and construction; the Kenai Spur/Intersection Lake Sight Distance & South Miller Loop Safety s and construction; and the Kenai ilitation for design, right of way cts for fiscal 196-97 and 198. STREET IMPROVEMENTS IS PROJECTED AT ION IN 1996. KENAI FOREST ISCAL '96 -- $400,000 FOR DESIGN 'STRUCTION. KENAI SHOULD PUT THE -ISLATORS TO GET THE CONSTRUCTION FOREST DRIVE/REDOUBT AVENUE eason to do this is that it will me State operation obligations ''s highway on -going operations and .ve the City of Kenai an improved )uilt to City/State specs. Cation!!! cc: Keith Kornelis, Public Works Director C:\WPDOCS\TJM\STIP.MEM CITY OF KENA -� ►► Gd q,4&,-.,w 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'III�I 1992 MEMORANDUM TO: Members of the Kenai City Council FROM: C6 Cary R. Graves, City Attorney DATE: March 1, 19% RE: Prohibition of Halfway Houses Within the City Limits Council requested I research whether the City could prohibit operation of halfway houses (correctional restitution centers or CRC's)1 within the city limits of Kenai. For purposes of this memorandum, halfway houses (CRCs) are pre-release or low level security facilities for people incarcerated rather than group homes.' This question raises three issues: 1) whether a municipality may enact a blanket prohibition against an otherwise lawful use within a city; 2) whether state projects (i.e. prisons) are subject to local land use regulation; and 3) whether subcontractors of the state for state services (i.e. prisons) are subject to local land use regulation. I. In Town of Beacon Falls v. Posick, 563 A.2d 285 (Conn. 1989), the Connecticut Supreme Court held that a municipality could enact a prohibition of solid waste facilities within its boundaries if the prohibition was rationally related to the protection of the health, safety, and I AS 33.30.151 requires the Department of Corrections to establish CRC's within the state. 2 Municipal regulation of group homes for the disabled or persons recovering from alcohol or drug addiction has been severely restricted under the Fair Housing Act, 42 U.S.C.A. § 3604(f)(3)(B), see Edmonds v. Oxford House, Inc., 131 L. Ed. 2d 801 (1995). Draft Community Transportation Program Estimate Total Costs in thousands of $ Project Description PhasesAppr i FFY 96 ' FFY 97 FFY 98 Kenai River Bride Access Road Rehabilitation 2,3,4 33D 100.0 Kenai Spur/Intersection Lake Sight Distance & South Miller Loop Safety Improvements 3,4 33A 750.0! Kenai: Forest Drive/Redoubt Avenue Rehabilitation 2,3,4 33D 400.0: 4,000.0 Kenai: Fort Kenay Mission Street Improvements 4 33D 290.0' Kenney Lake/Willow Loop Road 4 33D 220.0: Ketchikan: Herring Cove & Ketchikan Creek Bridges 2,3,4 33D 770.0 Ketchikan: North Tongass Highway: Ward Cove to Whipple Creek Widening 2,3,4 33D 1,220.01 Ketchikan: Saxman Roads Improvements 2,3,4 1 33D 750.0, Kiana: Landfill Road 4 33D 190.0: Ki nuk Sanitation Road 2,3,4 33D 300.0' Kodiak: Chiniak Highway: Kalsin Hill Hazard Removal 4 33A 1,700.0'. odiak: Chiniak Road Rehabilitation 2,3,4 ! 33D 500.01 Kodiak: Rezanof Drive Safety Improvements/Otmeloi Way 4 33P 170.0' Kodiak: Rezanof Drive 'Y' Intersection Improvement 2,3,4 33A 900.0 1,200.01 Ko uk: Gravel Source Road 1 4 33D 1,100.0 1 Koyukuk Landfill Road 4 33D 70.0 Kwi illin ok Airport Access Road Improvements 4 33D 830.0, Kwi illin ok Sanitation Road 2,3,4 33D 3,000.01 Matanuska-Susitna: Big Lake/South Big Lake Reconstruction 2,3,4 i 33D 400.0. ! 4,300.0 Matanuska-Susitna: Church Road: Parks to Schrock Upgrade 2,3,4 33D 550.0 3,800.0 Matanuska-Susitna: Edlund Road Rehabilitation 2,3,4 33D 100.0 400' Matanuska-Susitna: Hatcher Pass Road MP7-14 Rehabilitation 2,3,4 33D 275.0' Matanuska-Susitna: Hollywood Road Improvements 2,3,4 33D 200.0 1,300.0! Matanuska-Susitna: Trunk Road Reconstruction 2,3,4 33D 550.0 550.0• Matanuska-Susitna: Vine Road i 2,3,4 33D 300.0 1,700.0 McCarthyRoad Improvement & Resurfacing 2,3,4 33D 500.0'. Metlakatla Ferry Terminal Pontoon Replacement 4 33D 350.0 Metlakatla: Purchase of Buses 4 33D 200.0: Minto: Sanitation Road 4 33D 40.0 Nome City Field Structures 4 33D 350.0. Noorvik: Hotham Peak Road 4 I 33D 3,300.0 North Pole: Santa Claus Lane Upgrade 2,3,4 I 33A 128.0. 1,275.01 Northway Road Improvement 2,3,4 33D 570.0. 5,700.0 Old Glenn Highway: Matanuska River Bridge Replacement 2,3,4 118 7,400.0. Pedro Bay Bride Replacement 2,3,4 118 100.0; 400.0 Petersburg: H Street Repaving and Intersection Improvement 2,3,4 33D 400.0 Petersburg: Haugen Drive/Nordic Drive Emergency ,Signal 4 33P 220.0' Phases: 2-design; 3--right of way; 4-construction Based on estimated federal program amounts. Subject to reauthorization of ISTEA and annual program re-evaluation. Alaska Department of Transportation and Public Facilities Draft Page 24 Since it is likely that a CRC (halfway house) would be run by a private contractor, the issue arises whether a contractor providing state services, rather than the state itself, must comply with local zoning ordinances. The states are split as to whether a contractor providing a government service under a contract is exempt from local zoning rules. Board v. Harker, 561 A.2d 219 (Md. 1989) (contracting agency not exempt), Northern N.H. Mental Health v. Town of Conway, 435 A.2d 136 (N.H. 1981) (contracting agency exempt from local zoning rules), City of Temple Terrace v. Hillsborough Ass'n, etc., 322 So. 2d 571 (Fla. App. 1975), afj`''d, 332 So. 2d 610 (Fla. 1976) (contracting entity exempt from local zoning rules). IV. In summary, there is no definitive ruling in Alaska as to whether a municipality could prohibit CRC's within its boundaries. A city seeking to prohibit a use would have to articulate genuine and definitive reasons for prohibiting a use rather than relying on "NIMBY" (not in my back yard) as a justification for the ban. It is likely that our courts would adopt the balancing approach of other states and weigh the interest of local zoning control against the state's interest in providing alternatives to full-fledged prison facilities for the state's burgeoning prison population. If you need more information or have any questions, feel free to call or stop by. CRG/sp C:\WP60\DOCS\COUNCn,\HALFWAY.MEM general welfare of the community. Other states have reached the same conclusion. Resource Conservation Management, Inc. v. Board of Supr's of Prince William County, 380 S.E.2d 879 (Va. 1989) (county could prohibit landfills); Mindel v. Village of Thomaston, 541 N.Y.S.2d 526, 150 A.P.2d 653 (1989) (village could prohibit operation of hotels); McNeill v. Plumsted Tn., 522 A.2d 469 (N.J. Super. A.D. 1987) (township could prohibit soil removal for sale off -site). Some states have reached the opposite conclusion, however. In Eveline Tp, v. H & D Trucking Co., 448 N.W.2d 727 (Mich. 1989), the Michigan Supreme Court held a township could not enact a blanket prohibition against commercial port facilities. A Connecticut appellate court held a municipality could not enact a blanket prohibition against solid waste facilities. WMI Properties v. Falls D. Zoning Hearing Bd., 517 A.2d 1378 (Pa. 1986). McOuillin Mun Corp § 25.119.10 (3d ed.), states, "The complete exclusion or prohibition of any use that is not inherently obnoxious must be regarded as of doubtful validity" (footnote omitted). I do not think a halfway house could be regarded as "inherently obnoxious." A rendering plant would be an example of a use which might be considered "inherently obnoxious. " In Seward Chapel, Inc. v. City of Seward, 655 P.2d 1293 (Alaska 1982), the Alaska Supreme Court upheld a zoning ordinance excluding non-public schools from Rural Residential (RR) Zones but noted, "Had the city attempted a wholesale exclusion of parochial school from its confines the city's position would be precarious indeed." Id. at 1301. However, the court's reasoning in large part related to concerns over freedom of religion issues. Id. H. The general rule is that the state is not subject to local zoning regulations. McOuillin Mun Co_,pr § 25.15 (3d ed.), 2 Anderson, American Law of Zoning 2d § 12.06 (1976). In particular, courts have held states need not comply with municipal zoning rules in construction of prison facilities. Herrmann v. Board of County Com'rs, 785 P.2d 1003 (Kan. 1990); Evans v. Just Open Government, 251 S.E.2d 546 (Ga. 1979), City of New Orleans v. State, 364 So. 2d 1020 (La. 1978), Snohomish County v. State, 648 P.2d 430 (Wash. 1982). The courts have generally adopted a balancing of interest test with the overwhelming need to construct new prison facilities to house a growing inmate population being the deciding factor. Id. In State v. Weidner, 684 P.2d 103 (Alaska 1984), the Alaska Supreme Court held that the Department of Natural Resources had to comply with local borough ordinances and regulations in developing and platting subdivisions. However, in that case state statutes specifically required state subdivisions to comply with local ordinances in the same manner as private subdivision development. Although the court did not directly rule on the issue, one can infer then that absent the statute the state would not be subject to local land use ordinances and regulations. Kenai Alternative High School Mr. Hank Overturf, Administrator 11247 Frontage Road Kenai, Alaska 99611 (907) 283-7844 (907) 283-6463 FAX February 25, 1996 City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear City of Kenai: ,Lg25 26 ??2 �LR� IL o RECB CITY C CITY OF Cr 7.� v Currently, we have seven (7) students who will successfully complete the graduation requirements for the Kenai Peninsula Borough School District. These students have worked hard to obtain this goal. Since we are a small school, we must ask for community support for our graduation. Graduation will take place Friday, May 17, 1996 at 7:00 p.m. A reception follows the ceremony. It gives friends, family and the community an opportunity to acknowledge the accomplishments these students have made. If you are able to help us, please make checks payable to Kenai Alternative High School. Thank you for your continued support! Sincerely, Phyllis Ann Halstead, Secretary CITY OF KENA it Gd 4 4& 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1� III. i»z MEMORANDUM DATE: February 29, 1996 THROUGH: Tom Manninen, City Manager TO: Mayor and City Council Members, City Of Kenai FROM: Jay Sweeney, Finance Direc,dr t SUBJECT: Inlet Woods Special Assessment District Financing 1. At its last meeting, the Council requested an update on the current financial status of the Inlet Woods Subdivision Special Assessment District. The following analysis addresses Council's question and is broken down into two parts: 1) how the City of Kenai is paying for the Inlet Woods improvements, and 2) the status of special assessments which are supposed to be the revenues paying for the improvements. 2. How the City of Kenai is paying for Inlet Woods. a. In 1984, the City of Kenai issued $2,850,000 in general obligation bonds to pay for unspecified public improvements. The proceeds from the bond issue were used to finance public improvements in four special assessment districts: Stellar, Sprucewood Glen, Aliak/McCollum, and Inlet Woods. b. The portion of the bond issue dedicated to Inlet Woods was $2,020,000, which represents 70.9% of the total bond issue. c. The 1984 bonds were refunded in 1986, and an additional portion were refunded a second time in 1993. At the current time.. S177,000 in 1986 Refunding Bonds are outstanding and $1.370,000 in 1993 Refunding Bonds are outstanding. The Inlet Woods portion of total bonds outstanding is, therefore, $1,096,823. 1. 2. 3. 4. 5. 6. INFORMATION LIST Kenai City Council Meeting of March 6, 1996 2/21/96 Council Meeting "To Do" List. 2/23/96 United Fishermen of Alaska thank -you letter in regarding the councilfs adoption of Resolution No. 95-81, opposing the FISH Initiative. 2/22/96 Senator Salo letter to DEC regarding their scoring of the Municipal Matching Grant application for the City of Kenai. 2/96 DCRA, Southcentral Reporter. 2/96 Resource Development Council, Inc., Resource Review. 3/1/96 TM memorandum regarding upcoming trips to Washington, DC and Seattle, WA. Inlet Woods Special Assessment District Financing Page 2 d. Debt service on the 1986 and 1993 bond issues in FY96 is $286,259.25. This debt service is paid out of the 1984/1986/1993 Debt Service Fund. In the fund, the budgeted revenue source from which the debt service is to be paid is an equity transfer from the General Fund in the amount of $286,260. The Inlet Woods portion of this FY96 annual debt service is, therefore, $202,958. e. The 1984/1986/1993 Debt Service Fund also receives special assessment principal, interest, penalty, and penalty interest payments, primarily from the Stellar, Sprucewood Glen, and Aliak/McCollum Special Assessment Districts. In FY95, the amount of this additional special assessment revenue was $45,506. This additional special assessment revenue has not been budgeted for historically. The reason appears to be that the fund has a negative fund balance ($283,025 at the end of FY95), and the unbudgeted special assessment revenues have had the effect of reducing this deficit. • •M11IN11 a. As of February 5, 1996, the status of Inlet Woods Special Assessment District special assessments was as follows: Future assessments (deferred revenue): $1,473,632.10 Delinquent assessments $ 333,851.28 Delinquent Interest $1,415,050.46 Penalty $ 174,886.88 Penalty Interest $ 121.204.69 Total $3,518,625.41 b. In the district, lots with special assessments outstanding on them are owned as follows: Private citizens - 3 lots $ 29,811.69 City of Kenai - 16 lots $ 383,425.70 MSM Partnership - 129 lots $3,105,388.02 4. For future budgeting purposes, the Council may wish to budget for the heretofore unbudgeted special assessment revenue in the 1984/1986/1993 Debt Service Fund. The effect of doing this would be to decrease expenditures in the General Fund by the amount of the revenue, or approximately $45,500 annually. The fund would retain a negative fund balance, but this fund balance may be paid off eventually with the proceeds from our Inlet Woods litigation. If it is not, a final equity transfer could be made at that time for the amount of the negative fund balance. KENAI CITY COUNCIL MEETING FEBRUARY 21, 1996 "TO DO" LIST RE - Develop RFP for airport advertising. Take to Airport Commission for their review and bring back to council. KK - Work with Borough to develop a workable contract in regard to the Baler floor wash down water -- after getting more information from EPA and approaching Borough Mayor for additional funding. Have city fuel tanks at shop emptied and cease using them after they are emptied. Have Bill Kluge attend 3/6 council meeting in regard to the new animal shelter. Have him bring the schematic drawings, site plan, etc. Check with Representative Navarre as to the progress of the design/ upgrade plan for North Forest Drive. CLF - Contact Senator Salo and Representative Navarre regarding the Children's Trust. As: How much is the Governor going to fund the account with and from where is the funding coming. Send appointment letters to Betty Nelson (Council on Aging), Rebecca Godek and Bill Kluge (Historic District Board). Do necessary paperwork for Teresa Werner-Quade to attend Planning seminar in Anchorage. Distribute forms to council for their 4/3/96 evaluation of city manager. COUNCIL - Develop policy regarding fish industries. JS - Include in 3/6 packet the balances left on LID for Inlet Woods -- how much has been paid and how the remainder is to be financed? SP - Move ahead with preparing a home page, contracting for outside help, etc. UNITED FISHERMEN February 23, 1996 211 Fourth Street, Suite 112 Juneau, Alaska 99801 907/ 586-2820 Fax: 907/463-2545 �A25262728�9 The Honorable John Williams, Mayor ti FEB 19o", N c� P; . "� w and City Council Members N cir City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Dear Mayor Williams and City Council Members: Thank you very much for adopting your Resolution Number 95-81 opposing the anti - commercial F.I.S.H. Initiative. United Fishermen of Alaska and Salmon for Alaska's Future continue to work hard on behalf on fishing communities, harvest groups, processors, and fishermen to defeat this initiative. Defeating the F.I.S.H. Initiative is vital to all our interests. We welcome the opportunity to work with you and residents of your community in the effort to present a united front on this issue. If you have any questions, please contact me at 586-2820. Sincerely, Jerry cCune---- President MEMBER ORGANIZATIONS Alaska Crab Coalition • Alaska Longline Fishermen's Association • Alaska Trollers Association • Area K Seiners Association Bristol Bay Driftnetters Association • Concerned Area "M" Fishermen • Cook Inlet Aquaculture Association Cordova District Fishermen United • Kenai Peninsula Fishermen's Association • Kodiak Regional Aquaculture Association North Pacific Fisheries Association • Northern Southeast Regional Aquaculture Association • Peninsula Marketing Association Petersburg Vessel Owners Association • Prince William Sound Aquaculture Corporation • Purse Seine Vessel Owners Association Seafood Producers Cooperative • Southeast Alaska Seiners Association • Southern Southeast Regional Aquaculture Association • United Cook Inlet Drift Association Feb-23-96 09:24A Senator Judy Salo 907 465 3766 Alaska Sta Official Business Michelle Brown, Commissioner Dept. of Environmental Conservation 410 Willoughby Ave., #105 Juneau, Alaska 99801 Dear Commissioner Brown: Legisla February 22, 0 �._ This letter is to bring your attention the several oversights in the scoring of the DEC Municipal Matching Grant application for the City of Kenai (the city), and to ask the Knowles administration to review this application for funding in the FY 97 capital budget. After the Governor's funding list for municipal matching grants was published, we requested a copy of the city's application and the scoring sheet. In reviewing this application, we believe there are oversights in the scoring. Our first area of concern is in the Project Development Status score in the application. The city received a score of 25 points for their answer. We understand that these applications are a snapshot in time as far as the status of the project is concerned. However, this project as of today is in the engineering stage and should be completed by April. This would have given the city an additional 75 points on their application. In other words, it will be bid ready in time for this years construction season. No information was given the city regarding timing of the question. The second error is in the Relationship to other Project Phases section where the city received zero points out of a total of 150. The first 100 points is awarded if 'This project will make the initial project phase functional or complete construction." This statement is true for this project yet they received no points. if funding were available this summer the City of Kenai has assured us of a substantial completion with no further monetary requests and final completion in the summer of 1997. We believe that the city's answer to this question is correct and should be awarded an additional 100 points. The final error is in the Local Project Commitment section where the city received 100 points out of a possible 225. Under this section there are three possible scoring criteria. The final criteria worth 50 points is: 'The local governing body has submitted a resolution or priority list identifying this project as the top priority in the community's overall list of capital projects for this fiscal year." This water project was the number one priority last year and is again this year. The problem is that the resolution for FY 97 was not passed until after the application was submitted. We believe the FY 96 resolution should be adequate as a supporting document of this project by the Kenai City Council for the purposes of scoring. This years resolution was not passed until November when the City does prioritizing for the upcoming fiscal year. We believe the city should have received an additional 50 points in this category. 3 1-1192 Tony pE�N R �IONALT OF CAFFA A8 Mike �AS�rhO ALASKAN CO'L*01. % OC h�6�1,a�9 SOUTHCENTRA FEB 1996 REPORTER �,. OFKE Volume IX, Issue 2 February 1996 & Governo MUNICIPAL& REGIONALASSISTANCEDIVISION (MRAD) ❖ DIVISION OF COMMUNITY& RURAL DEVELOPMENT (DCRD) Open Meetings and Executive Session Alaska Statutes, AS 44.62.310, require all meetings of a governmental body of a public entity of the state to be open to the public. An exception to this requirement is the provision for executive session. There are four subjects that may be considered at an executive session. Put simply, these are: 1. matters, which if they became public knowledge at the present time would clearly have an adverse affect on the finances of the public entity; 2. subjects that might prejudice a person's reputation and character, but the person may request a public discussion; 3. matters which are required by law, ordinance or municipal charter to be confidential; 4. matters concerning government records that by law are not subject to public disclosure. If an executive session is to be held, the meeting must first be convened as a public meeting A motion will be made to go into executive session, there must be a second and approved by a majority vote. The motion to go into executive session must clearly and specifically describe the subject of the proposed executive session, without defeating the purpose of addressing the subject in private. The only subject that may be considered in the session is the one described in the motion, unless it pertains to the main motion. Action may not be taken at an executive session, except to give direction to an attorney regarding a specific legal matter, or to a labor negotiator concerning pending labor negotiations. After the executive session is over and the open meeting is reconvened, action may be proposed by any council member by making a motion. The motion will need a second and the council will vote without further discussion. Things that were said in executive session should not be repeated by anyone after the executive session is over. 1 Feb-23-96 09:24A Senator Judy Salo 907 465 3766 P.02 Commissioner Brown Page 2 February 20, 1995 Again, we are asking that this application be reviewed for inclusion in the FY 97 capital budget based on the errors mentioned above. If the application were to receive the points we feel it deserved it would have scored 25 points above Governor's funding line. If there is an appeals process through DEC - OMB or otherwise we would appreciate the opportunity to make our case. Thank you for your consideration. Sincerely. Representative Mike Navarre Arbor Day Trees Yes, it's cold, and dark, and snowy and icy, but we're starting to gain daylight already, and the next thing you know it's going to be spring. And what better way to celebrate than to plant a tree? The Alaska Division of Forestry has about 500 trees to give away for planting on, or near, Arbor Day. In 1996, that day is Monday, May 20. The trees to be given away are about two feet tall, so they will need special care. They will do best if planted in groups and protected from vehicles, lawn mowers, people and animals. There are several kinds of trees available: birch, crab apple, lodgepole pine and Siberian larch —a conifer with needles that turn golden and fall off each autumn. Any local government or non-profit organization may submit an application describing the project. The trees must be planted in a safe and healthy spot on public property as part of an Arbor Day celebration or as a public demonstration of the proper way to plant trees. You should follow the guidelines in Plant a Tree: Alaska's Guide to Tree Selection, Planting & Care in designing your project and planting your trees. You must submit and carry out a three year maintenance plan that adequately provides for the care and protection of the trees. After the trees are planted, and no later than June 28, 1996, submit a report including slides or photos; provide follow-up reports in June '97 and '98. The trees cannot be shipped. They will have to be picked up in Anchorage or Palmer the week of May 13, 1996. For more information about the program, or to get an application, contact the Division of Forestry in Anchorage at 269-8465 or 269-8466. The deadline for completed applications is March 20, 1996. '3' (Americans With Disabilities Act) Training Workshops Available In 1990, President George Bush signed legislation (ADA), that guarantees fair and just access to the nation's job market, its transportation system, its telecommunications network and its public accommodations - places like restaurants, hotels, malls, retail stores and offices. The law effects us in two ways. Employers with 15 or more employees must make their businesses accessible so that people with disabilities can work. Although this sounds ominous, reasonable accommodation is more a matter of creativity than capital. Fully half of the changes suggested by the national Job Accommodation Network cost less than $50, strengthens the competitive position of small firms by increasing the pool of loyal, dedicated workers, and can also lower your insurance rates by making your work -place safer. The ADA also requires that facilities be made accessible. Approximately 80% of accessibility corrections cost less than $500. There is assistance available to you to help to understand and comply with the ADA requirements. ADA Partners are specially trained Alaskans, most of whom experience disabilities. They understand Alaskan communities and can • answer your questions and help you develop a plan • offer training on how to provide reasonable accommodations • evaluate yourcompliance program, and • provide resource materials. To contact your ADA Partner, call toll -free 1-800-770-4488. MONTHLY MINDER Advanced Academy - Alaska Association of Municipal Clerks - Westmark - Juneau February 24 Alaska Association of Municipal Clerks - Committee meetings; Annual meeting, election of officers - Centennial Hall - Juneau February 25 Annual meeting of the Alaska Association of Municipal Clerks - Centennial Hall - Juneay , RDA Grant awards made Lake Louise to Tolsona Poker Run (8: Copper Valley Winter Carnival (822-5555) Feb. 26-March March 1 March 3 March 9 Grantsmanship Training Program - Homer (1 -800-421-9512) March 18-22 Around the Office New administrative assistant - Kim Rice, formerly of DCED, Weights & Measures has been offered (and accepted) the position in MRAD formerly held by Teresa Boston. Kim will start on February 20. Welcome aboard! Around the Region14. False Pass - Borge Larsen, as of February 12, may have become Alaska's oldest active Mayor. On that day, he turned 751 Not only is he False Pass's Mayor, he is also a school board member, Aleutians East Borough assembly member, SWAMC Transportation Committee member and on the Borough Local Emergency Planning Committee. Borge moved to False Pass in 1950, and has enriched the lives of all the residents since that day. His sense of humor, vast knowledge, personal commitment, honor and world class cribbage skills (to which this editor can attest!) are appreciated by all. His sense of vision has helped False Pass incorporate as a Second Class City, build a $1.8 city dock allowing residents access to the State highways , _ ,• system, build a new community center and community park and expand water and power services. Happy birthday, Borge!! n 5 Easy Rules for More Effective Meetings From: The Southeasterner, January - February 1996 '" how many times have you attended a meeting which promised to be "brief," and then has gone on and on and on for hours? There is a solution, according to Robert McConnell of Robert McConnell Productions, which is to know the rules of order in a meeting and use them! The most effective meetings are conducted by a presiding officer who knows Robert's Rules of Order, who has set the agenda, has provided any pertinent information to the council members before the council meeting and has provided paper and pencil for council members to write down the motions. The following rules can help you achieve more effective meetings using basic parliamentary procedures. First, presiding officers who know the rules know how to keep discussion moving and when to take a vote without someone having to "call forthe question." An effective presiding officer knows that no one can discuss an issue unless a motion is first made and seconded. This saves time. If a motion isn't seconded, it isn't discussed. Second, providing members with paper and pencil to write a clearly thought out motion can save time because it doesn't have to be amended many times to make it more clear, or it doesn't have to be withdrawn and then start over again. A well thought out motion includes what the group is to do, how and when it is to be done, and how much time and money is to be spent. Third, give the people the information they need before the meeting so they can have their ideas well formulated before they discuss them. Fourth, the presiding officer should call committee chairs who are to give a report before the meeting to make sure they will be at the meeting and have a report to give. If a committee is researching a project and has a recommendation to give the members in its report, phrase the recommendation as a "motion," not a recommendation. At the end of the report, the reporting member (usually the chairperson), should say "By direction of the committee, I move..... Fifth, members should only speak twice to a motion, but the second time should only be after everyone who wants to speak for the first time has done so. This keeps debate going and stops any member who is always popping up to talk after each member speaks. Help Wanted Nome -City Manager (pop 4,000) First class city, regional hub providing services to community and surrounding area. 35 full time employees, majority union. Chief administrative officer, duties outlined in AS 29. Responsible for preparation of $6-10 million budget, planning and grant writing, acts as personnel officer, supervises seasonal port activities, provides Council with reports. City Council seeks person with degree in field related to public administration with at least 8 years progressive municipal management or comparable experience. Strong personnel skills with proven leadership a must. Salary $70,000+ DOE. Send cover letter, resume, salary history and at least 5 references to: Nome City clerk, Box 281, Nome, AK 99762 by 311/96. All resumes subject to public disclosure. Help Wanted Emmonak- City Manager (pop 762) Second class city, budget $1.2 million, 34 employees. Candidates must be proficient in finance, grant writing, public communication, and must be able to work with computers. Salary and benefits negotiable DOE (3 bedroom home furnished). Contact Larry Lujan at (907) 949-1227 (city) or 949- 1415 (home). Mail resumes to City of Emmonak, P O Box 9, Emmonak, AK 99581. Help Wanted City Treasurer - City of Fort Yukon (pop 663) Must perform the basic duties of Title 29 and City Ordinances. Act as custodian of all the city funds; keep an itemized account of money received and disbursed; pay money on vouchers drawn against appropriations made by city council; post accounting transactions. Bachelors degree in accounting or 3 years experience. Knowledge of funding accounting and familiarity with PC Fund Accounting programs. Salary: DOE open until filled. Send resume to City of fort Yukon, P O Box 269, Fort Yukon, AK 99740 or fax 662-2717. Governor Signs On to AML Priorities From: AML legislative bulletin #19-20 Governor Knowles has expressed his support for two top priority bills and the development of a Local Government Partnership Council to give municipalities a more formal process to discuss and negotiate service and funding issues with the state. The Governor also gave encouragement to the AML and ACoM efforts to consolidate Municipal Assistance and Revenue Sharing and stabilize funding for the program. Governor Knowles stated that his administration would work to gain passage of FIB 272, a bill that would allow municipalities to set their own rates for the Municipal Motor Vehicle Tax Program. The bill is sponsored by Rep Mark Hanley, Chair of the House Finance Committee. The Governor also pledged support to HB 444/SB 233, bills that would allow municipalities to decide how to grant property tax relief for seniors and disabled veterans. The proposed budget (FY 97) has eliminated funding for senior citizens/ disabled veterans property tax exemption and it will exist totally as an unfunded mandate on municipalities. The Governor hosted a committee of municipal officials for a working luncheon January 24, and the next day held a question and answer session during the joint meeting of the Alaska Conference of Mayors and the AML Board of Directors. The Governor announced an administration steering committee, to be led by Lt. Governor Fran Ulmer. The steering committee will work with municipal leaders to design a state/municipal partnership council or similar working group. The partnership council would be instrumental in coordinating the nine issue tasks forces outlined in Lt. Gov. Ulmer's speech at the AML Annual Conference and for developing a state/municipal long range service and financial plan. 4 This edition North S I o cnnncnraci by •r. e Borouah February 1996 A monthly publication of the Resource Development Council, Inc. Marginal oil fields around existing North Slope infrastructure provide hope for the future. Marginal oil fields could help drive future economy Development of marginal oil fields in Alaska's Arctic can generate high - paying jobs and income for Alaska workers, sales for Alaska businesses and increase the state tax base, according to a study conducted by the Institute of Social and Economic Research (ISER). The increases would De more than sufficient to offset any additional costs to government from resource management and public service requirements the fields might generate. Additionally, when compared to the state's natural resource revenues and management expenditures of fishing, wildlife and lands, the marginal oil field is the only case where resource management costs are covered by the revenues generated, with substantial income left over to support public services. The purpose of the 1995 study is to provide a framework for analysis of the economic effects of new small marginal oil fields, which may be typical of new petroleum industry activity in Alaska. The ISER report was commissioned by A growing body of evidence, including the ISER study, supports the idea that developing marginal oil fields in Alaska may be an effective strategy for generating high -paying jobs for Alaskans, slowing the decline of oil production and increasing the state's tax base over the long-term. BP Exploration and presented to the Alaska Oil and Gas Policy Council, a task force of industry, state and community representatives appointed by Governor Tony Knowles to outline recommendations that would encourage more industry investment and development in the state. Alaska depends on the oil industry for more than 80 percent of its annual revenues, but falling production from aging fields has resulted in lower state earnings and a growing budget deficit. Marginal oil fields are those that would generate little or no profit if developed under adverse market conditions and tax policies. But, a growing body of evidence, including the ISER study, supports the idea that developing marginal fields in Alaska may be an effective strategy for generating high -paying jobs for Alaskans, slowing the decline of oil production and increasing the state's tax base over the long-term. The conclusions of the ISER study (Continued to page 5) ANCHORAGE 333 W. 4th Avenue #22 Anchorage, AK 9950 NRAD 269-4500 JIMSANDERS Regional Offices �` Coordinator �. MIDGECLOUSE SCRO Manager JOHN GLIVA Planner BOBAIKEN Local Government Specialist Newsletter Editor LEROYSEPPILU Local Government Specialist BILLIE HARVEY Administrative Clerk IUD 269-4500 SHIRLEYHARRIS Community Development Specialist KATHYRENTZEL Community Development Specialist CHPFREEMAN Administrative Clerk OO4Q► :` The Southcentral Regional Office Serves and Advocates for rural Alaskan Clients and our staff by promoting the opportunity to achieve their potential. 11966 )IV `!eua}I anUDAV 01?1ep!A 01 Z !L'UON 3o f4!D .IOXEW Suiz!II!M uqof af9eioao}1011.L %IeW sse/3 ;sa►-q DILLINGHAM P.O. Box 790 Dillingham, AK 99576 MBAD 842-5135 DEBBYTENNYSON ,ocal Government Specialist BETHEL P.O. Box 348 Bethel, AK 99559-0348 MRAD 543-3475 KEN BERUN Local Government Specialist JIMMYSMITH Local Government Specialist MARDYHANSON Local Government Specialist am 269-4500 EVELYNPENSGARD Community Development Specialist FLORAOLRUN Economic Development Specialist 1LO966 VMSV'IV `39VHOHONV OZZ e31nS 3nN3AV 44V 'M CCC 33Idd0 IVN0103M WHIN3OH1f10S SHIVddV 1VN0193M aNV AAINf1WWOO d01N3W12IVd3a V)ISV lV e10 31V1S Tax them., then pay us Eco-groups pull in millions in lucrative government grants We all realize that without federal and local taxes, funds would not be available to support our educational, medical, transportation, public safety, community development and welfare needs. But did you ever stop to think that your hard earned dollars are perhaps being funneled into the coffers of eco- groups that spend every waking moment fighting the development of resources that feed our economy? Well, start thinking. An organization known as the Center for the Defense of Free Enterprise (CDFE) has uncovered some startling facts that outline our government's disposition of huge tax subsidies to eco-groups throughout the nation. The CDFE is investigating the top 100 environmental groups in order to estimate how much total taxpayer cash is vanishing into private environmental groups. The IRS estimates that there are approximately 12,000 such groups in America. The money comes in the form of government cash grants paid straight from the U.S. Treasury into the bank accounts of these groups. The Nature Conservancy received 20.4 million in 1993 and the World Wildlife Fund got $7.2 million in 1992. The Defenders of Wildlife received S602,527 and the Center for Marine Conservation took in S680.289 in government dollars in 1992. The total is yet to be known, but let's just say it's somewhere in the area of several hundred million dollars! Non-profit. tax-exempt organiza- tions such as churches. civic groups. hospitals and other worthy charities are one thing, but to give away hard earned tax dollars from taxpayers, many of whom object to the objectives of these eco-groups. is intolerable. People have a right to know which federal agencies are giving these grants to green groups and should demand that it be stopped immediately. Ron Arnold. President of theCDFE, has requested Congress hold hearings on these financial abuses. In his words. "The hypocrisy of these eco- groups is shameless. They complain that resource producers aren't paying high enough fees for using federal lands while they are on the 'take' from the government themselves. It's almost like they are saying 'tax them more so you can pay us more. In turn. a coalition of environmental and green taxpayer groups has mounted a campaign called the "Green Scissors" to eliminate alleged "subsidies" received by loggers. miners, ranchers and others who harvest natural resources on pub- lic lands. Each of these `subsidies" is merely a fee wise users must pay for the right to produce natural resources from public land. Green groups claim the fee is too low, but never mind the fact that the products we all use each day it modern society comes from natural re- sources produced by loggers, miners and others. The eco-campaign calls foi vastly increased fees that will push re- source producers off federal lands anc force them to invest oversees. The CDFE is actively helping tc organize a "Zero the Green Giveaway Campaign." The campaign calls for ar and to federal subsidies to environ- mental groups. In the Alaska Miner, a recent article reports that these same eco-groups are using subversive tactics in the schoo system to spread their message. p group called "Student Environmenta Action Coalition" uses schoo newspapers to organize students intc environmental action committees. Another group, "The Center foi Environmental Education," provides an environmental education clearing house to scrutinize education programs sponsored by corporations. This group helps teachers spot learning programs !ike AMEREF. which they perceive tc t3e nothing more than outposts foi industry. It is possible AMEREF coulc -ome under such scrutiny, even thougl- it's a well balanced program. The Center for the Defense of Free Enterprise is busy working on this issue and has pledged to continue its cam. paign until subsidies to eco-groups stop Need I say it? Write your U.S. con• gressman and senator. RDC hires Craig Lyon as Special Assistant Craig Lyon has joined RDC as Special Assistant. His new duties wil include legislative issues. grant writing, as well as many administrative functions. Lyon will also oe responsible for administrative functions pertaining to the AMEREF resource education program that RDC oversees. Lyon has worked for the Alaska Legislature as an aide for seven IegislativE sessions. He holds a Bachelors Degree in Government from Norwich University it Vermont, and a Bachelors Degree in Education from the University of Alaska Anchorage. He is a lifelong Alaskan ana has one son, Travis, age four. February 1996 / RESOURCE REVIEW / Page Cook Inlet big enough for oil, fish, tourism As a windsurfer/board sailor who has sailed in Cook Inlet and has been "up close and personal" with the water more than most people. I believe the oil and gas operations pose no threat and actually work as a safety backup for people in jeopardy out there. In fact, the industry is so unobtrusive that many locals do not realize there are oil and gas platforms in Cook Inlet, much less the tourists. The oil and gas industry in Cook Inlet has been monitored and inspected for about thirty years and repeated stud- ies have shown the operations to be most excellent and without negative environmental side -effects, while pro - The Resource DevelopmerdCounal(RDC) isAlaska's largest privately funded nonprofit economic develop- ment organization working to develop Alaska's natu- ral resources in an orderly manner and to create a broad -based. diversified economy while protecting and enhancing the environment. Executive Committee Officers President ............................ Elizabeth Renscn 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 viding enormous benefits to society in the form of fuel. electricity, jobs and other useful products. Not only has oil and gas operations fueled Alaska's major population center in Southcentral. but the industry has co- existed with a world -class fishery for decades. Continued discharge into the Inlet, which is minuscule compared to the small boat harbors and the wastewater discharges from adjacent communities, is appropriate and necessary for the industry to continue. New restrictions proposed underthe EPA's draft NPDES permit add little environmental benefit to the highly -active Cook Inlet environ- ment, yet pose enormous costs to just one industry. Mixing zones should be allowed and continued to be permitted at a reasonable size. If EPA really wanted to benefit the waters of Alaska. it would work on clean- ing up the many individual actions which cumulatively create a greater risk to human health and the Inlet ecosystem. Much of this activity comes from the same people opposing the already highly -scrutinized oil industry. I sportfish the entire region and fight for elbow -room on the streams which carry some of the best salmon in the world. Thirty years of operations has provided plenty of opportunity and data to examine cumulative effects. Meanwhile, the Inlet still keeps flushing the second Nghest tides in the world through the a•ea twice a day, keeping our waters and shores clean. Cook Inlet is plenty big enough for all of us. Whether we work or play in Cook Inlet. .ve all enjoy its natural beauty. The permits for the oil and gas industry do not need to be more stringent. especially since there is no corresponding environmental gain. Clinton responds to RDC's pitch to open ANWR Editor's Note: The following is President Clinton's formal response to RDC's Becky Gay who last month requested the White House our politics aside and open the Coastal Plain of ANWR to oil and gas leasing. Thank you for sharing your con- cerns about the Arctic National Wild- life Refuge in Alaska. I am glad to have your perspective on this impr tant issue. I am firmly committed to preserving America's precious natural resources. As you may know. I vetoed the Republican majority's Budget' Reconciliation bill that would have exposed the Refuge to oil and gas exploration. I have long opposed opening this fragile and unique area to drilling. The Refuge is one of America's great natural areas. It includes the core calving grounds of the Porcupine Caribou Herd. is home to a wide diversity of other wildlife and is critically important to many indigenous peoples of the region. My Administration supports the development of oil and gas resources in other areas of the Arctic where it can proceed without damage to the environment. Recent assessments by the scientific community confirm that such development is not safe in ANWR. As we continue working to ensi the integrity of the earth environment. I appreciate your involvement. Sincerely, Bill Clinton Page 2 / RESOURCE REVIEW / February 1996 New AMEREF energy education module released to schools Learners will receive balanced and objective information on Alaska's energy resources Many people are concerned about the "apocalyptic" approach to environmental education. AMEREF's statewide minerals and energy education program is correcting such miseducation through new balanced information now being distributed to Alaska school teachers. In January. AMEREFbegan distributing its latest module. Energy and the Environment. The module is the fifth in a series of teacher manuals contained in the Alaska Resources Kit: Minerals and Energy. The kit, a supplemental interdisciplinary materials package, was developed by AMEREF to provide students with the knowledge, skills and attitudes necessary to make informed decisions regarding the mineral and energy resources of Alaska. "Helping students comprehend the complex concepts of energy and associated environmental considerations is an ambitious, but importanttaskto prepare ourfuture leaders for the 21 st Century," noted Terri Campbell. Minerals and En- ergy Program Coordinator at the Alaska Department of Education in Juneau. `The challenge is to not only design learning materials which will inspire young minds and pro- mote attitude development, but also to motivate teachers to address the importance of energy resources by using these and other materials." The lesson plans and activities contained in the new Energy and Environment Module were developed over sev eral years to help teachers address Alaska energy issues. "Our ultimate hope is that the learners will receive bal anced and objective information and wish to seek furthe knowledge as they embark on a future sure to contain not onl, challenging energy questions, but also astonishing opportu nities." said AMEREF President Paul Glavinovich. The new module contains basic, Alaska -specific information about energy, energy sources, energy uses ani energy futures. The module has been designed to complemer the other modules in the AMEREF kit. Lessons contained ii the new module are designed for use at various grade level, with appropriate adaptations. Balanced information abou resource development and environmental consideration: has been provided in this Alaska -specific module from wide ranging sources across Alaska. The activities are designed to be hands-on/minds-on Glavinovich explained. "We believe students will learn mos from this approach," said Glavinovich. Other recent highlights of AMEREF include new teache training programs. adaptation of kit modules for convenien use in grades K-3, and revision of the Alaska Economy Ecology Module to more clearly reflect how the utilization c resources is tied to economics. ISER study supports development of marginal fields in the Arctic (Continued from page 1) is based on an analysis using existing information about the economy and public sector combined with a description of a hypothetical marginal oil field, according to Scott Goldsmith. an economist with ISER. In reality, Goldsmith said each marginal field would have different characteristics, and the actual economic and public sector effects would differ from the model in the study. However, given the economics of field development. he said the study demonstrates that the gen- eral conclusions are consistent with a broad range of as- sumptions about both field characteristics and the economy. Goldsmith estimated that a hypothetical marginal oil field on the North Slope with projected reserves of 100 million barrels of oil would require $320 million to develop, of which $159 million would be spent in state. Production costs over 20 years were estimated at an additional S320 million, of which $290 million would be spent within Alaska. Field development would be spread over several years with the annual average of jobs generated peaking at about 500. The average job would pay about S50.000 for a total annual payroll of $25 million. During field production, the average annual number of jobs would decline to 250. State revenues — primarily royalties, property taxes an( corporate income taxes — generated from production of th4 marginal field would vary according to fluctuations in price royalty and tax rates. Estimated revenues from productioi would range from $29 million to $328 million. Additional revenues would be realized from the "fu pipeline effect" and a potential state payroll tax. The fu pipeline effect of adding production from a marginal field tc the existing throughput of the trans -Alaska Pipeline woulc reduce the tariff on the existing flow of crude and increase it! wellhead value. resulting in higher royalty revenues from a North Slope production. Costs of monitoring and regulating the additional o development and the added expenses of providing public services for new workers would total $51 million in the ISEF model. The dividend to the State after the $51 million in cost! are subtracted from the field's added revenues range from $, million to $300 million. February 1996 / RESOURCE REVIEW / Page Incentives on table to spur oil development Alaska Oil and Gas Policy Council, BP, ARCO executives look to the future The Alaska Oil and Gas Policy Council plans to submit a final report to Governor Tony Knowles this month outlining recommendations to make Alaska a more competitive place to explore and produce oil and gas. The Council believes that by offer- ing creative incentives, the State can maintain industry's interest in Alaska and attract additional investments. The State depends on the oil industry for more than 80 percent of its revenues, but North Slope oil production is steadily declining, which means less income for the State. Meanwhile, the oil industry is investing more abroad on projects with an attractive rate of return. The 14-member task force of in- dustry, community and State leaders has reportedly reached consensus on many issues, recognizing that the State and industry depend on each other and should work as partners to secure future opportunities. While the Council has been review- ing draft recommendations to help sus- tain the industry's interest in Alaska, it has warned that the State must come to grips with its budget gap, or else indus- try may shy away from Alaska, fearing the state will tax it harder to eliminate the shortfall between revenue and spending. Draft recommendations of the task force include: temporary royalty and tax relief for marginal and slow produc- ing wells, a tax write off for a portion of a company's exploration costs at some new oil prospects, streamlining of the permitting process to speed up oil field development and changes in oil lease requirements to get inactive leases back on the market quicker. Meanwhile, at the Alliance annual conference in Anchorage last month, Richard Oliver, Deputy Chief Executive Officer of BP Exploration, emphasized that teamwork is the key to Alaska's future prosperity. Oliver pointed outthat Alaskans and the oil industry must build a bridge to span the gap between Prudhoe Bay and future opportunities. He said that bridge can generate revenues that will help the State close the gap between income and spending. It can provide jobs for Alaskans and business for Alaska companies, he said, adding that "it must enable producers like BP to maximize near -term production and maintain competitive margins and profitability in order to stimulate new investments." "As far as the overall busi- ness atmosphere in Alaska goes, it's a 180 degree change from the past. The political leadership in this state is really doing some very good things. " Mike R. Bowlin Chairman, ARCO Oliver explained that the girders to the bridge will be production from exist- ing fields, as well as new marginal fields around existing infrastructure. "There will be projects like heavy oil development at Shrader Bluff and West Sak. newfields at Northstar and Badami. field extensions at Niakuk and Milne Point, and satellites and enhanced oil recovery at Prudhoe Bay, Endicott and Kuparuk." Oliver emphasized that the only Teamwork between the State and the oil industry is the key to extending production from existing North Slope fields and stimulating investments in new frontier areas. bridge to these and other long-term opportunities, including ANWR, a gas pipeline and new frontier development, is the ability to compete successfully for investments that increase near and medium -term production on the North Slope. "Our ability to work together to o� _ come challenges facing us will have far-reaching effects on our ability as a company and on Alaska's ability as a state to thrive in a global marketplace," Oliver said. The BP executive noted that the potential for adding new oil reserves on the North Slope over the next decade amounts to 5 billion barrels, not count- ing ANWR. Nearly all of those reserves will come from known resources in or adjacent to existing fields. "As far as the overall business at- mosphere in Alaska goes, it's a 180 degree change from the past," noted ARCO Chairman Mike R. Bowlin. "The political leadership in this state is really doing some very good things." Bowlin said the royalty adjustment bill passed by the Legislature last year and signed by the Governor offers the kind of incentives the industry needs. He said the Legislature this session is moving in the right direction with hE oil tax incentives to speed developm,... of West Sak and Shrader Bluff. And the Legislature and governor have another good idea in areawide leasing of the North Slope, Bowlin said. Page 4 / RESOURCE REVIEW / February 1996 two consecutive years on the states five- year timber sale schedule. The legislation. drafted by Rep. Jeannette James. has reportedly gained the Knowles administration's approval after key amendments were enacted. Other bills of interest to resource producers Several new bills of interest to Alaska resource producers have been introduced since the Legislature reconvened last month. New bills in the House include: HB 355, by Rep. Gene Therriault, limits DEC authority to charge fees only for direct costs of permit preparation and administration. The bill repeals DEC authority to charge solid waste fees. HB 388, by Reps. Norm Rokeberg and Bettye Davis, allows DNR to lease state land in larger regional areas on a recurring biennial basis. HB 389, also by Rokeberg and Davis, allows the Division of Oil and Gas to revise a Best Interest Finding only if new factual information justifies revision. HB 394, by Reps. Scott Ogan and Norm Rokeberg, authorizes natural gas and coal bed methane licensing/leasing with a depth limitation of 3,000 feet and exempts onshore natural gas and coal bed methane wells from spill contingency planning and financial responsibility requirements. HJR 54, by Rep. Gene Kubina, encourages ANS gas marketing and pipeline construction. New Senate bills include SB 199, by Sens. Loren Leman and Drue Pearce, which authorizes environmental and health safety self -audits with protection from infor- mation being used against a company from a voluntary audit if certain conditions are met. SB 200, by Sen. All Adams, autho- rizes the state to reduce ANWR royalty from 90 to 50 percent. SB 230, by Sens. Pearce, Frank, Green and Halford, prohibits state land and waterfrom being classified so as to preclude or restrict traditional means of access for traditional recreational use. Measures introduced by Gov. Knowles in both houses include HB 416/SB216 which authorize DGC to charge fees for coastal zone consistency determinations and Ex- ecutive Order 92 which consolidates the Div. of Oil and Gas with the Div. of Geologi- cal and Geophysical Surveys. HB 344 au- thorizes DNR to negotiate timber sale con- tracts that provide for local manufacture of value-added wood products. The bill pro- vides for contracts allowing harvest of up to five million board feet of timber each yearfor up to 10 years. but 5000 of the timber must be used for local manufacture of value- added wood products. Young to hold Tongass hearings Congressman Don Young will hold two hearings on the Tongass Transfer and Tran- sition Act and the federal management situ- ation in the Tongass. The hearings will take place Feb. 15 and 16 in Wrangell and Ketchikan. "The time has come for Alaskans to start thinking through the prospects of con- trolling their own future in the Tongass," Young said. "This is a bill about control — Alaska control of the forest — and stabili- zation for the people who depend on forest resources to survive." Under Young's bill, the Alaska Legisla- ture and Governor can elect to receive the entire Tongass. The bill provides a one- year transition to state control and manage- ment under state laws. "I have taken the suggestion of State ownership of the Tongass seriously and have put together this bill as a starting point." Young said. "It is a proposal to and for Alaskans. It is time to give Alaskans a choice and a more meaningful voice in the management of the Tongass.' Chugach Forest Plan revision The Chugach National Forest is beginning revision of its Land Management Plan. The original plan, completed in 1984, will be revised to reflect any changes to the environmental. social or legal conditions that have come about since the plan was approved. Currently the Forest is conducting a "need to change" analysis to determine the scope of the revision. Formal scoping will commence with publication of a Notice of Intent this spring. A Draft Forest Plan and Draft Environmen- tal Impact Statement will be released in late 1996. The Regional Forester will make a decision on final revisions to the Forest Plan in 1998. Paper work buries loggers Many believe that loggers just go to the wood and do their cutting. Not without doing their paperwork first. Regulations. paper- work and the bureaucracy are enormous and costly to timber companies doing busi- ness in Alaska. For example. loggers need a place to live while cutting trees. Since logging sites are remote. a camp must be set up, but get ready for the paperwork. Just to set up a camp requires up to 36 permits from seven federal and state agencies. Many more permits are required forlogging, transporta- tion and other activities. In all, Ketchikan Pulp Company and other businesses spend millions of dollars each year acquiring and maintaining permits. ESA, Wetlands update As 1996 begins, the window of oppor- tunity for Endangered Species Act and wet- lands reform still beckons, but mega -issues such as the budget have captured most of Washington's attention. ESA and wetlands reform may return to the front burner next month, but watered-down reform bills are expected in the Senate. The House Resources Committee passed HR 2275. the YoungiPombo bill, by a27-17margin. Chairman Young introduced amendments to the bill which allowed him to make improvements recommended by the Western Governor's Association. The Committee is now ordered to report to the full House. Senator Kempthorne(R-ID) introduced three ESA reforms to the Senate Environ- ment and Public Works Committee (EPWC), where Kempthorne chairs a subcommittee. Similar to S 768 introduced by Senators Slade Gordon. S 1364 redefines "take" and provides for some compensation to private landowners. Kempthorne's bill, however, is considered to be a worked -over version of Rep. Billy Tauzin's status quo bill from 1994_ S 1364. which apparently has become the bill of choice in the Senate. is better than the current Act, but it does not solve the prob- lems people have in complying with the Act. There is a good chance that EPWC Chair John Chafee (R-RI) won't want two major environmental re-enactments to get to the floor in 1996. and if that is the case. the Clean Water Act with wetlands reform may end up in the spotlight prior to or even instead of ESA. KPC becomes part of worldwide web Ketchikan Pulp Company has joined the World Wide Web with a home page on the Internet. The KPC home page address is http://www.ptialaska.net/--jchcom/ koc.htm. The KPC home page contains information on company history, products produced and information on the Tongass National Forest. February 1996 / RESOURCE REVIEW / Page 7 Brief Review Court suspends General Permits for development in wetlands A recent court order has forced the U.S. Army Corps of Engineers to rescind general permits for the placement of fill in Anchorage wetlands. The permits will be reconsidered only after they are 'lightened" and "appropriate modifications" are made. The U.S. District Court order dates back to a June 20 suit brought by the National Wildlife Federation and other environmental groups against the Corps to block the permits. The groups claimed the permits represent delegation of the Corps' Clean Water Act Section 404 authority to the state and local level and are unfairly biased toward development. The court's December 20th ruling suspends the GPs until February 18, allowing the public to submit comments and for environmentalists to provide input to the court on how the GPs should be used. Corps officials say they are proceeding with a review and will work to address concerns of the environmental groups, especially in the areas of environmental assessments, cumulative impact issues and definitions that tighten requirements for development. ANWR prospects dim Without a comprehensive agreement on a broad federal budget package, the chances of opening ANWR to oil and gas exploration and development are next to nil, according to RDC sources in the nation's capital. The state's congressional delega- tion will meet with President Clinton in March to plead Alaska's case, but it now appears that complex issues like ANWR will be de- ferred until after the election in November. 1995 marked the first year Congress formally approved legislation calling for oil and gas leasing on the refuge's Coastal Plain. The legislation was included as a provision in the broad GOP budget package intended to erase the federal deficit in seven years. The budget measure was vetoed by Clinton, who objected to cuts in the growth of Medicaid. Medicare and other programs. Because the federal budget package is the vehicle for the ANWR proposal. any hope to open the Coastal Plain depends on quick resolution of budget issues. But Re- publican leaders are holding out little hope that a deal can be reached because of wide philosophical differences with the President. It now appears that stopgap spending bills will allow the government to stagger along and avoid shutdowns, and the No- vember elections will be a referendum on the size and role of government programs. Alaskans support a fiscal plan A majority of Alaskans believe their state faces a growing budget crisis and that a fiscal plan which cuts spending is needed, according to a statewide survey released last month by the Alaska Oil and Gas Asso- ciation. The Dittman Research Corp. survey showed that by a 3-1 margin Alaskans be- lieve the state is facing a serious budget crisis. More than half of the respondents believe the crisis is serious. Most surveyed also think the effects from the budget crisis will be felt within five years. In fact, four out of five said they feel the state's budget deficit will personally affect them. Over half of the respondents said the state should reduce spending rather than raise taxes to balance the budget. Reduc- tions in the number of state employees. wages and benefits and reducing entitle- ment programs leadthe listof recommended spending cuts. Implementing a sales or a personal income tax were preferred choices if tax increases become necessary. The Dittman survey found oil and gas development enjoyed an 88 percent ap- proval rating as being good for Alaska. Heavy oil bill passes first House committee A bill providing incentives to produce 'heavy oil" deposits was sent to the House Resources Committee recently after pass- ing the House Oil and Gas Committee. Heavy oil is thicker than typical North Slope crude wim a high viscosity and it can be almost tar -like. The purpose of the bill is to maximize the return of more than 26 billion barrels of "heavy oil" in accumula- tions on the North Slope. HB 325 would provide an exemption from royalties for the first 500 barrels pro- duced daily from a well. The bill calls for the suspension of the royalty exemption if the price of oil reaches $15 a barrel at the well head. less costs. "The bill calls for a five-year royalty exemption and is intended to stimulate in- vestment on the part of the petroleum indu, try and create a test-bed for new technolo that can be transferred from Shrader Bluff to the West Sak field so we can help develop this huge and enormous supply of oil that is very difficult to produce." said Rep. Norm Rokeberg, Chairman of the Oil and Gas Committee. Rokeberg noted the bill would create jobs, spur investment and increase state revenues. Rep. Joe Green, the original sponsor of the bill. said the royalty exemption would entice industry to develop technology to go after the hard -to -reach oil. Without such an incentive, Green said the industry might be forced to leave the heavy oil untouched. Streamlined oil leasing bill introduced by Knowles Legislation to streamline the process for oil and gas leasing on the North Slope was introduced last month by Governor Knowles. The Governor's proposal for areawide leasing will streamline the leasing process on the North Slope while still pro- tecting the environment, Knowles said. It provides industry the certainty of am lease sales and regulatory efficiency a. provides the state with new jobs and en- hanced development opportunities. Current law permits areawide oil and gas lease sales but requires DNR to determine that each individual sale is in the state's best interest. A best interest finding weighs competing interests including eco- nomic benefits and possible environmental risk. Under Knowles' proposal. a single best interest finding would be issued for all North Slope tracts offered in the state's five-year oil and gas leasing program. Bill to provide small timber sales moves forward Legislation to streamline the process for making small timber sales available to the public has been sent to the House floor after passing both the House Resources and Finance Committees. HB 212 makes adjustments to the State's timber sale program to allow the Commissioner of DNR to respond to sh term timber supply needs of small of tors. It also makes some minor changes ko the Forest Practices Act with the concur- rence of the State Board of Forestry. The bill releases small timber sales of 160 acres or less from having to be listed for Page 6 / RESOURCE REVIEW / February 1996 Resource Development HURSDAY j ncil Petroleum Club of Anchorage 4101 Credit Union Drive (South side of Sea Galley Restaurant) February -March 1996 0 0 * 0 0 0 0 0 a 0 9 0 0 0 0 0 0 0 0 9 0 a a 0 0 0 0 0 0 0 0 * * Reservations are required. P!ease call 276-0700 by noon Wednesday. Doors open at 7 a.m., presentations begin at 7:30 a.m. Members: Breakfast: $10.50, Coffee & Pastry: $5.50 Non -Members: Breakfast: $12.00, Coffee & Pastry: $6.00 Feb. 22: Economic Impact of Heavy Oil Development Brad Tuck, Professor of Economics & interim Dean, School of Public Affairs, University of Alaska Anchorage Feb. 29: Juneau Report: Prospects for Closing the Fiscal Gap Senator Rick Halford, Chairman, Senate FFnance Committee March 7: A-J Mine Update: New Alternatives Unveiled Cliff Davis, Vice President, Alaska Projects, Echo Bay Mines March 14: Regulatory Issues Facing Resource Development Miclieie Brown, Commissioner. Alaska Department of Environmental Conservation March 21: Tapping Red Dog's New Potential I John =ens . Vice Fresident c; �oeraticns. 'JANA negicnal Coro. When ANWR is opened, our people will be ready. Bill Hess photo At the North Slope Borough, we don't get discouraged by the ups and downs of the political process in Washington, D.C. We believe that ultimately all of our national leaders will see the wisdom of safe development in ANWR. Because we have faith in the outcome, we're making sure our people are prepared for the opportunities. Our School -to -Work program helps prepare high school kids for the jobs of the future. And our Apprenticeship Program is producing journeymen through training on the job and in the classrooms of our local college. We're part of the ANWR solution. You can count on seeing us there. North Slope Borough, P.O. Box 69, Barrow, AK 99723 George N. Ahmaogak Sr., Mayor Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Page 8 / RESOURCE REVIEW / February 1996 Mayor John Williams City of Kenai 210 Fidalgo Ave., Suite 200 Kenai AK 99611 Bulk Rate U.S. Postage PAID Anchorage, AK Permit No. 377 CITY OF KEN, ., Od Capi&l 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 bylyrl *Amftcf 'III'1 "z MEMORANDUM To: Mayor John Williams and Kenai City Council Members From: Thomas J. Manninen, City Manager1-yl_ Date: March 1, 1996 RE: CITY MANAGER'S ATTENDANCE AT THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY CONFERENCE, MARCH 6 - 12; AND ICMA WEST COAST CONFERENCE, MARCH 2O-22 Attached are copies of my itineraries for the National League of Cities Conference and the International City Management West Coast Conference. The actual events for the National Congressional City Conference is March 9 - 12, with a meeting at Georgetown University on the "Takings" issues. I thought this pre-NLC pre -conference seminar would be very timely given the Kenai Peninsula Borough's position on passing a Kenai River ordinance. I have scheduled meetings with Congressman Don Young, Senator Frank Murkowski and Senator Ted Stevens to discuss the FAA antenna farm project, i.e. that is, obsoleting, cleaning up and acquisition of the FAA antenna farm site for the City of Kenai's future use. I can be contacted, if needed, at my NLC hotel. My telephone number at the Radisson Barcelo Hotel is (202) 293-3100. The telephone number for the Washington Hilton where the conference is being held is (202) 483-3000. The telephone number for Georgetown University Law Center, where the March 8, 1996 pre- conference seminar is being held is (202) 662-9000. Secondly, the ICMA West Coast meeting, March 20 - 22, 1996 at Seattle, Washington, the telephone number to the Westin Hotel is (206) 728-1000. If you have any comments or questions, please feel free to contact me at my home number too, 283-3782. Thank you. Attachments RDC Action Alert The Glacier Ranger District of Chugach National Forest is considering issuing a Special Use Permit for helicopter glacier -landing tours this summer. Two companies have requested the permit. Helicopter landings and flightseeing would occur in remote areas of the forest, including the upper reaches of the Twentymiie and Placer Rivers, as well as Eagle, Skookum, Spencer and Twentymiie Glaciers. RDC encourages its members to write the Forest Service supporting a Special Use Permit for the helicopter landings. Points to consider for your brief letter include: - Helicopter landings in the Chugach National Forest would be in the public's best interest and meet established recreational objectives. Helicopter flightseeing and landing operations are an important component of the tourism industry and provide benefits to the local economy. - Statistics show that flightseeing is among the most popular and highest rated activities for Alaska visitors. - Helicopter landings quite often afford the only viable access to Alaska's largely inaccessible land base. - With virtually no environmental impact, helicopter landing tours are one of the best ways to see Alaska's most dramatic and rugged 'andscapes. • Helicopters are a safe and reliable means of transportaticn, often able to land where no other aircraft can. - Helicopters provide flightseeing and access to remote areas for people of all physical abilities and for those with a limited time margin. - The helicopters used in today's modern flightseeing market are quiet and leave practically no footprint on the land. - Chugach National Forest should provide the widest possible range of visitor opportunities and attractions, including helicopter landings. - With so much of the forest and surrounding areas closed to surface access, a ban on helicopter landings is imprudent, arbitrary and unsafe. - Helicopters also play a crucial safety role in Alaska's backcountry, providing immediate search and rescue services. - Alaska has some of the best helicopter pilots and equipment in the world. Please comment by March 1, 1996 to: District Ranger Glacier Ranger District Box 129 Girdwood, AK 99587 For additional information call Carl Portman at the Resource Development Council at #276-0700 +�* PENNYS TRAVEL AGENCY c(opj 130 SOUTH WILLOW STREET UNIT 9 KENAI ALASKA 99611 PHONE 907 283-4466 FAX 907 283-7060 OUTSIDE ALASKA 1-SOO-333-8993 NAME:MANNINEN/TOM CITY OF KENAI 210 F I DALGO STREET KEN KENAI AK 99611 INVOICE:ITIN15553 DATE ISSUED:FEB 20 1996 06 MAR 96.- WEDNESDAY ALASKA AIR 4853 COACH CLASS OPERATED BY -ERA AVIATION LV: KENAI 900P NONSTOP CONFIRMED AR: ANCHORAGE 930P NORTHWST AIR 844 COACH CLASS LV: ANCHORAGE 1020P NONSTOP CONFIRMED AR: MPLS/ST PAUL 630A ARRIVAL DATE-07 MAR SNACK SEAT-21B **THIS IS A MIDDLE SEAT... PLEASE TRY TO CHANGE AT AIRPORT** 07 MAR 96 - THURSDAY NORTHWST AIR 312 COACH CLASS LV: MPLS/ST PAUL 740A NONSTOP CONFIRMED AR; WASH/NATIONAL 1055A BREAKFAST SEAT-22C 12_MAR 96 - TUESDAY NORTHWST AIR 321 COACH CLASS LV: WASH/NATIONAL 140P NONSTOP CONFIRMED AR: MPLS/ST PAUL 319P SEAT-23C NORTHWST AIR S45 COACH CLASS LV: MPLS/ST PAUL 450P NONSTOP CONFIRMED AR: ANCHORAGE 750P DINNER SEAT-27E **THIS IS A MIDDLE SEAT... PLEASE TRY TO CHANGE AT AIRPORT** ALASKA AIR 4854 COACH CLASS OPERATED BY -ERA AVIATION LV: ANCHORAGE 900P NONSTOP CONFIRMED AR: KENkl yC:W TOUR P.O. NUMBER: TOTAL AMOUNT DUE PAYABLE UPON RECEIPT 170. 80 **** PLEASE VERIFY ALL INFORMATION **** ****THANK YOU FOR CHOOSING PENNYS TRAVEL**** Tom's Schedule for Washington D.C. Trip Hotel Radisson Barcelo: In 3/7/96; Out 3/12/96 March 6 (Wednesday) 9:00 p.m. Depart Kenai March 7 (Thursday) 10:55 a.m. Arrive Washington, D.C. Meet with Congressman Young at 1:30 at his office in Rayburn Building, Room 2331. (202) 225-5765 (Jessica) March 8 (Friday) 8:00-5:00 "Takings" Seminar, Georgetown University Law Center March 9 - 10 NLC Conference March 11 (Monday) 11:15 Meet Senator Stevens at his office in the Hart Building, Suite 522, for lunch. (202) 224-1027 (De Lynn). 2:00 Meet Senator Murkowski in the Hart Building, Room 706. (202) 224-6665 (Teresa). March 12 (Tuesday) 1:40 p.m. Return Flight 9:25 p.m. Arrive Kenai C:\WPDOCS\TJM\TRIP.MEM 1. 2. 3. 4. 5. 6. INFORMATION LIST Kenai City Council Meeting of March 6, 1996 2/21/96 Council Meeting "To Do" List. 2/23/96 United Fishermen of Alaska thank -you letter in regarding the council's adoption of Resolution No. 95-81, opposing the FISH Initiative. 2/22/96 Senator Salo letter to DEC regarding their scoring of the Municipal Matching Grant application for the City of Kenai. 2/96 DCRA, Southcentral Reporter. 2/96 Resource Development Council, Inc., Resource Review. 3/1/96 TM memorandum regarding upcoming trips to Washington, DC and Seattle, WA. ,IPJMMYJFS TRAVEL AGENCY mw.°.' 130 SOUTH WILLOW STREET UNIT K'ENA I ALASKA 99611 907 283-4466 FAX Q07 283-706i 1IIJT�:IGE ALASKA 1 b0 •:a a r CITY ,GF KENA I 210 FIDALGO !_.,TREET KENA I. 99611 AK ,n ,a MANNINEN/TOM FEES .,411' PAGE () 1 3Yt 20 • MAR 96 WEDNE'_;DAY ALASP,'A AIR 4847 COACH CLASS OPERATED BY —ERA AVIATION 600p NULIP ARRIVE: ANCHORAGE IZ-30P MILES: 60 ALASKA DEPART: ANCHORAGE ARAIVE:SEATTLE DINNER br M. 2Z3MAR 96 ALASKA DEPART:SEATTLE ARR I VE: ANC:H0RAi E DINNER 1. 2 COACH i_ LAS'S 703P NONSTOP 11:'1P SEATS: 11 C FRIDAY 113 COACH CLASS 650P 925P NONSTOP CONFIRMED MILES: 1448 CONFIRMED MILES: 1448 A A '_ 4855 Q. H C A _b NTC4 a pRA!.�E r ARRIVE: KENAI 1 i_ 55p MILES: TOUR TICKETc: ARE NON—REFUNDABLE SEAT; ARE LIMITED AT THESE FARES AND APPLY TO SPECIFIC FLIGHTS ONLY CHANGES. MAY RESULT IN A HIGHER FARE TICKET NUMBER /' : MANNINEW TOM 14447:2'00 21 RECEjVED y 302.00 KENAI CITY COUNCIL MEETING FEBRUARY 21, 1996 "TO DO" LIST RE - Develop RFP for airport advertising. Take to Airport Commission for their review and bring back to council. KK - Work with Borough to develop a workable contract in regard to the Baler floor wash down water -- after getting more information from EPA and approaching Borough Mayor for additional funding. Have city fuel tanks at shop emptied and cease using them after they are emptied. Have Bill Kluge attend 3/6 council meeting in regard to the new animal shelter. Have him bring the schematic drawings, site plan, etc. Check with Representative Navarre as to the progress of the design/ upgrade plan for North Forest Drive. CLF - Contact Senator Salo and Representative Navarre regarding the Children's Trust. As: How much is the Governor going to fund the account with and from where is the funding coming. Send appointment letters to Betty Nelson (Council on Aging), Rebecca Godek and Bill Kluge (Historic District Board). Do necessary paperwork for Teresa Werner-Quade to attend Planning seminar in Anchorage. Distribute forms to council for their 4/3/96 evaluation of city manager. COUNCIL - Develop policy regarding fish industries. JS - Include in 3/6 packet the balances left on LID for Inlet Woods -- how much has been paid and how the remainder is to be financed? SP - Move ahead with preparing a home page, contracting for outside help, etc. p8� j jo .uq=N r bT0£-£8Z-L06 X93 S£SL-£8Z-L06 SUOU b6LL-1 1966 "1 }I OOZ aims 602mma OTZ is -.V?M, ` P)*V) Po. i66t � t6Li AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 6, 1996 7:00 P.M. KENAI CITY COUNCIL CHAMBERS B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Rat Nielson - American Legion/50th Anniversary of World War II Commemorative Committee. 2. Vesta Leigh and Nancy Silverman - Snow Removal Concerns. 3. Bill Kluge - New Animal Shelter. C. PUBLIC HEARINGS 1, Ordinance No. 1675-96 - Amending Kenai Municipal Code, Personnel Regulations, Sections 23.25.070, 23.30.030, 23.30.110, 23.40.060, and 23.40.150. 2. Ordinance No. 1676-96 - Increasing Estimated Revenues and Appropriations by $70,000 in the General Fund for Legal Expenses Related to Inlet Woods Special Assessments. a. Substitute Ordinance No. 1676-96. 3. Ordinance No. 1677-96 - Increasing Estimated Revenues and Appropriations in a New Capital Project Fund Entitled "Water System Improvement Project-FY96" and in a New Capital Project Fund Entitled "Water System Improvement Telemetry Project-FY96." 4. Resolution No. 96-18 - In Support of the Alaska Children's Trust. a. Remove from Table. b. Consideration of Resolution. 5. *1996/97 Liquor License Renewal Application - Alaskalanes, Inc. - Recreational Site. 6. *1996/97 Liquor License Renewal Application - Pizza Hut #9 - Restaurant/Eating Place. The public is invited to attend and participate. Carol L. Freas City Clerk COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor and Council v Attorney t% Fire Department City Manager Police Department Senior Center Library V Parks & Rec. AGENDA DISTRIBUTION Borough Clerk Assembly (3) Public Wks. Sec._ Public Wks. Shop_ Bldg. Maintenance Bldg. Official Streets Anchorage News_ Dan Conetta, KPB Planning Dept. Bulletin Board_ KSKA Radio DELIVER Finance ✓ Public Works cIX Airport Chamber HEA Animal Cont of Dock (Seaso )_ STP Legal Sec. HEA KSRM Cen.Labor =f��: Clerk K . Woodford J. La Shot B. Springer L. Harvey !� Kim �1--* Clarion__k---" Commissions Airport(LH Aging (LH)_ Library(LH Harbor(KW) Pks & Rec. (LH) P&Z(LH) Council Packets to Police Department Dispatch desk. The Clarion picks their packet usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m.