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HomeMy WebLinkAbout1997-10-01 Council PacketKenai City Council Meeting Packet October 1, 1997 AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 1, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS hftp://www.Kenai.net/city 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. Tom Osland - Kenai Peninsula Hockey Association/Multi-Use Recreational Facility. C. PUBLIC HEARINGS 1. Resolution No. 97-69 - Awarding the Remainder of the Contract to Symtron Systems , Inc. for ARFF Simulators in the Amount of $2,373,000, Subject to FAA Funding. 2. Resolution No. 97-70 - Transferring $5,000 in the Capital Project Fund Titled "Kenai ARFF Project" for Administrative Costs. 3. Resolution No. 97-71 - Approving a Contract for Professional Services to Kent & Sullivan, Inc. for the Project Entitled, "Kenai Maintenance Shop Work Plan" for the Not -To -Exceed Amount of $9,700. 4. Resolution No. 97-72 - Removing the Position of City Manager From Participation in the Public Employees Retirement System. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission -1- 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 Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. NMNUTES 1. *Regular Meeting of September 3, 1997. 2. *Notes of September 10, 1997 Work Session. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval - Lease Application/Salamatof Native Association, Inc. - Lot 4, Block 1, Cook Inlet Industrial Air Park. 4. Approval - ESI Proposed Lease 5. Discussion - United Fishermen of Alaska Annual :Meeting/Use of Senior Center. EXECUTIVE SESSION - stone Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk -2- 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- MAYOR'S REPORT OCTOBER 1, 1997 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA ADD TO: B-1, Tom Osland - Letter in support of proposed Kenai Ice Facility. REPLACE: H-1 with H-1 /REVISED ADD TO: H-5 - United Fishermen of Alaska 9/30/97 letter requesting $400 sponsorship donation for their annual fall meeting seafood reception. No Changes CONSENT AGENDA MAYOR'S REPORT BY: CLERK FINANCE DIRECTOR CLERK COUNCIL MEETING OF D -1 , • n z - 7 PAGE OF M S v MEASLES BANNOCK BMALLEY WILLIAMS BOOKEY SWARNER MOORE I —M S v MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER MOORE M S v MEASLES BANNOCK 4-1 SMALLEY WILLIAMS BOOKEY SWARNER MOORE M S v MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER MOORE M S v MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER MOORE M S v MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER MOORE ,., Ili II �I� J�II�Ij�I Kenai Peninsula ♦�I/ I,1 �1 �� 3-26-97 �I j �I� I1� �• P.O. Alaska 99669 ij�i••�isi To Whom It May Concern Recently KPHA received a presentation from Nate Kiel about the proposed Kenai ice rink. KPHA agrees with the need for an ice facility in Kenai as we are very near our capacity with the number of skaters and hockey teams. We have had to schedule very early morning and very late ice times to try to give everyone there fair share of ice but it is becoming more and more difficult as hockey grows in popularity. KPHA feels that the ice facility proposed by Mr. Kiel and the supporters he represents is a very good and much needed project for our community. As KPHA President I would like it to be known that Nate Kiel and the group he represents has the full support of KPHA for the proposed Kenai Ice Facility. Tom Osland -President KPHA Suggested by: Administration City of Kenai RESOLUTION NO. 97-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE REMAINDER OF THE CONTRACT TO SYMTRON SYSTEMS INC. FOR ARFF SIMULATORS IN THE AMOUNT OF $2,373,000 SUBJECT TO FAA FUNDING. WHEREAS, Resolution 96-92 indicated that schedules II and III of the bid received from Symtron Systems Inc. would be awarded at a future date; and WHEREAS, Resolution 97-63 amended the contract with SSI to provide for long lead time items on schedules II and III; and WHEREAS, it is in the best interest of the City of Kenai to award the balance of schedules II and III at this time; and WHEREAS, the contracts with Symtron Systems Inc. will make it clear that the actual notice to proceed is subject to FAA funding. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the remaining balance of schedules II and III of the bid received from Symtron Systems Inc. be awarded for a total of $2,373,000 subject to receipt of grant approval from FAA. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1-t day of October, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance:_ Suggested by: Administration City of Kenai RESOLUTION NO. 97-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $5,000 IN THE CAPITAL PROJECT FUND TITLED "KENAI ARFF PROJECT" FOR ADMINISTRATIVE COSTS. WHEREAS, the construction phase of the ARFF project has certain administrative costs; and WHEREAS, the budget for administration, which was established in the design phase, has been expended; and WHEREAS, money is available in the construction account due to estimated utilities cost being less than originally budgeted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Capital Proiect Fund - Kenai ARFF Proiect From: Construction $5,000 To: Administration $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of October, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: � (9/25/97) kl Suggested by: Administration CITY OF KENAI RESOLUTION NO. 97-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A CONTRACT FOR PROFESSIONAL SERVICES TO KENT & SULLIVAN, INC. FOR THE PROJECT ENTITLED KENAI MAINTENANCE SHOP WORKPLAN FOR THE NOT -TO -EXCEED AMOUNT OF $9,700.00 WHEREAS, A workplan is necessary to complete environmental investigations and assess remedial alternatives at the City Maintenance Shop, and WHEREAS, Kent & Sullivan Inc.`s proposal is a responsible proposal and award of this contract would be in the best interest of the City, and WHEREAS, the recommendation from the Administration is to award this contract to Kent & Sullivan, Inc. for the not -to -exceed amount of $9,700.00, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract for Professional Services be awarded to Kent & Sullivan, Inc. for the project entitled Kenai Maintenance Shop Workplan for the not -to -exceed amount of $9,700.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of October, 1997. JOHN J. WILLIAMS ATTEST: Carol L. Freas, City Clerk Written by Public Works: Approved by Finance: 1 4,:� DENT & SULLIVAN9 INC. ENVIRO,tiymENTAL CONSULTANTS 30 TRADING BAY, SUITE 320 KENAiAK 99611 September 24, 1997 n Jack LaShot Oro 1997 City of Kenai ou Received y 210 Fidalgo My of Kenai Kenai Alaska 99611 WAG Voth Dept Subject: Proposal Kenai. Maintenance Shop Workplan City of Kenai, Alaska Dear Mr. LaShot: [907) 283-0949 Fax )907) 283-0947 Kent & Sullivan, Inc. is pleased to provide this proposal to the City of Kenai (City) for preparing a workplan to complete environmental investigations and assess remedial alternatives at the City's Maintenance Shop in Kenai, Alaska. BACKGROUND The City owns and operates a maintenance shop near the corner of Airport Way and Willow Street, east of the Kenai Airport. The property includes approximately 11 acres, and site facilities include a maintenance shop, electrical shop, two warm storage barns, a quonset hut, several sheds, and a fuel pump island and tanks (Figure 1). The entire facility is fenced. A small drainage ditch enters the site from the west, flows southeastward across the site via a culvert. and exits the site on its east side. A stream that often contains surface water borders the east side of the property. Phase 1 and 2 investigations have been performed at the site. The phase 1 investigation was performed in 1995 and identified the historical uses of the site and potential sources of soil and groundwater contamination. The primary potential sources that were identified include a road oil pit. drum storage area. floor drain sumps, and a reported oil disposal area near the electrical shop. The phase 2 investigation % as also performed in 1995 and included drilling four borings and installing seven monitoring wells. Soil and groundwater samples were collected and analyzed for petroleum hydrocarbons and volatile organic compounds (VOCs). Low levels of solvents (trichloroethviene and 1.1.1-trichloroethane) were identified in soil and groundwater samples. and elevated concentrations of DRO N�ere identified in both soil and groundwater samples. The field investigations that have been performed have not assessed surface water or sediments associated with the drainage ditch and stream that run beneath the site and along the east border. REGULATORY STATUS The City recently received a letter from the Alaska Department of Environmental Conservation (ADEC) requesting a schedule and vorkplan for completing the assessment and cleanuc of contaminated soil and water at the maintenance shop faciiit-.-. %Ve understand that the Cite plans to address the environmental issues at the site by using ADEC's proposed regulations for contaminated sites (ADEC. ,:tblic Review Draft, ISAAC7 . December 18. 1996) as a Guideline for cleanup requirements and criteria. KENT & SULLIVAN. INC. City of Kenai September 24, 1997 Page 2 PROJECT OBJECTIVES AND APPROACH ENVIRONMENTAL CONSULTANTS The overall objective for this project is to prepare a workplan that addresses ADEUs concerns regarding this site. We propose to evaluate the existing data to identify the contaminants and media of concern and then prepare a workplan for completing the site characterization, identifying the extent of contamination, and evaluating remedial alternatives. We recommend that samples of the surface water and sediment be collected from the drainage ditch before the workplan is prepared so that an assessment of these media can be included in the workplan. Our proposed approach for this project consists of implementing the three tasks listed below. Task l - Evaluate surface water and sediment quality upgradient and downgradient from the site to assess potential contamination in these media. Task 2 - Assess the available data to identify potential contaminants, media, and migration pathways that are of concern. Task 3 - Prepare a workplan to complete the site characterization. identify the extent of contamination. perform a screening evaluation of the potential risks, and evaluate remedial alternatives. SCOPE OF WORK Task 1- Evaluate Surface Water and Sediments The previous investigations have evaluated site soil and groundwater contamination but not surface water or sediments in the drainage ditch that runs beneath the site. Since this is a potential exposure pathway for the public. an initial assessment of the pathway will be performed. The work will consist of collecting two sediment samples upgradient from the site and one sediment and one surface water sample downgradient from the site. The samples will be analyzed for DRO (using Alaska method AK102), GRO (using .Alaska method AK101). and VOCs (using EPA methods 624 and 8240 for water and sediments. respectively). The results from these analyses will be incorporated into the data assessment performed as pan e: Task 2. Task 2 - Data Assessment The data from Task I of this project and from the phase 1 and 2 investigations %�, ill be compiled and assessed to provide a comprehensive screenini of the potential impacts caused by past site activities. The assessment will address the following concerns: • Known or potential sources of contamination. • Potential contaminants of concern. The existing analytical data be compared with ADEC's proposed criteria to identify the potential contaminants of concern. • Potential migration pathways and exposure routes. The migration rathwaNs and potential exposure routes will be identified. • Information that is needed to assess the extent of contamination and e%a:uate cleanup alternatives. The resuits of this analysis v,ill be summarized and included in the vorkplan pr_2ared as Dart of Task 3. PCGCITY %IAI\-PRO.DOC SCENT & SULLIVAN, INC. ENVIRONMENTAL CONSULTANTS City of Kenai September 24. 1997 Page 3 Task 3 - Workplan Preparation A workplan will be prepared to present the results of Tasks 1 and 2 and to identify the steps that will be taken to complete the site characterization, identify the extent of contamination, perform a comprehensive screening to assess the potential environmental risk associated the site, and to assess remedial alternatives for any media that poses unacceptable risk to human health. Two copies of the workplan will be submitted to the City. ESTIMATED SCHEDULE The workplan prepared in Task 3 will provide a schedule for the work that is to be completed and will be based on future discussions with the City and ADEC. The following preliminary schedule is an estimate of a possible schedule that can realistically address the concerns of ADEC and address the impact of winter conditions on the progress of the project. ACTIVITY ANTICIPATED COMPLETION' SCHEDULE Receive authorization to prepare Mid -October 1997 workplan Task 1 - Collect Surface Water and Late October 1997 Sediment Samples Task 2 - Assess Existing Data Mid -November 1997 Task 3 - Prepare Workplan (submit to Mid -December 1997 City) Receive ADEC approval of workplan Complete site characterization Early spring 1998 Assess remedial alternatives Vlid-summer 1998 ESTIIIIATED COST 71i0 .° The estimated cost to perform Tasks 1 through 3 as described above is $10.0'--0. Table 1 provides a detailed explanation of our estimated costs to perform this work. Our estimated costs are based on our current understanding of site conditions and the Citv's needs. PC:CiCITY MAIN -PRO.DOC KENT & SULLIVAN9 INC. ENVIRONMENTAL CONSULTANTS City of Kenai September 24, 1997 Page 4 CONCLUDING RENmRKs We appreciate this opportunity to propose our services to the City. If you should have any questions concerning our proposed scope of work or estimated costs, please do not hesitate to contact us. Sincerely, KENT & SULLIVAN, INC. Peter C. Campbell Susan C. Kent Environmental Scientist President PCC,"Ct FY .MAIN-PRO.DOC KENT & SULLIVAN, Inc. Cost Estimate Kenai Maintenance Shop Investigation Unit No. of Line Cost Task Rate Units Units Labor Equip ODCs Total Subtotais 1 - Evaluate Surface Water and Sediments Field geoiogist $65 hour 8 $520 $0 $0 $520 Laboratory DRO-sed $80 analysis 3 $0 $0 $240 $240 GRO-sed $75 analysis 3 $0 $0 $225 $225 VOCs-sed $185 analysis 3 $0 $0 $555 $555 DRO-water $80 analysis 1 $0 $0 $80 $80 GRO-water $75 analysis 1 $0 $0 $75 $75 VOCs-water $185 analysis 1 $0 $0 $185 $185 Miscellaneous $300 total 1 $0 $0 $300 $300 $2,180 (gipping, equpment) 2 - Assess Site Data Senior Hydrogeoiogist $85 hour 12 $1,020 $0 $0 $1,020 Project Manager $75 hour 16 $1,200 $0 $0 $1,200 Technical Illustration $35 hour 6 $210 $0 $0 $210 $2,430 3 - Prepare Workplan Project Scientist $75 hour 40 $3,000 $0 $0 $3,000 Senior Hydrogeologist $85 hour 12 $1,020 $0 $0 $1,020 Technical Illustration $35 hour 24 $840 $0 $0 $840 Report Fxpendables $25 report 3 $0 $75 $0 $75 Reproduction $15 report 3 $0 $45 $0 $45 Miscellaneous $400 total 1 $0 $0 $400 $400 $5,380 Total Costs $7,810 $120 $2,060 $9,990 $9,990 PCC/PETS/KPUSvVA.%SON/SWANGRIL.XLS Page I of I Suggested by: City Attorney CITY OF KENAI RESOLUTION NO. 97 - 72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REMOVING THE- POSITION OF CITY MANAGER FROM PARTICIPATION IN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. WHEREAS, Alaska Statute ¶39.35.590 (Michie 1996) allows municipalities to designate which departments or classifications of employees participate in the Public Employees Retirement system; and WHEREAS, on September 17, 1997 the Council of the City of Kenai passed Ordinance No. 1760- 97 allowing the Council by resolution to designate whether the position of City Manager shall participate in the Public Employees Retirement System; and WHEREAS, Ordinance No. 1760-97 is effective as of October 17, 1997; and WHEREAS, it is in the best interest of the City of Kenai to remove the position of City Manager from the Public Employees Retirement System effective October 18, 1997; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the position of City Manager shall not participate in the Public Employees Retirement System effective October 18, 1997. PASSED by the Council of the City of Kenai, Alaska, this 15` day of October, 1997. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk 9/26/97 - sp The Library Needs Your Support m el CIPYOUI .I N 20 U c 0 c L -j -psr'T Mayor John Williams & %�`'"'"✓,jGv� Members of City Council 210 Fidalgo Ave. Kenai, AK 99611 0 a L ^ m � J E CITY OF KENAI PLANNING AND ZONING COMMISSION "AMENDED AGENDA" KENAI CITY COUNCIL CHAMBERS September 24, 1997 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: September 10, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-44—Conditional Use Permit/Bed & Breakfast, 565 Robin Drive (Lots 7 & 8, Block 3, Sungate Park Subdivision). Application submitted by Diana Pierce. 7. NEW BUSINESS: a. PZ97-46—Landscape/Site Plan-325 Airport Way (Lot 10, Block 2, CIIAP Subdivision). b. Lease Application - Lot 4, Block 1, Cook Inlet Industrial Air Park 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Memo & Response dated 9/1 1 /97 regarding Land Use i able Work Session b. KRSMA Minutes of June 17, 1997 c. KPB Plat Committee action of 9/8/97 d. KPB Plat Committee Tentative Agenda for Sept. 22, 1997 e. KPB Planning Commission Tentative agenda for Sept. Z2, 1997 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda Sept 24 CITY OF KENAI PLANNING AND ZONING COMMISS] September 24, 1997 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Carl Glick, Michael Christian (arrived at 7:05 p.m.) Members Absent: Karen Mahurin Others Present: City Engineer Jack LaShot, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA ADDING THE HANDOUTS PROVIDED PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. AGENDA WAS APROVED BY UNANIMOUS CONSENT. (Note: Handouts included a copy of the City Council Agenda for September 17, 1997 and the Zubeck Appeal Determination). 3. APPROVAL OF MINUTES: - September 10, 1997 WERNER-QUADE MOVED TO APPROVE THE MINUTES OF SEPTEMBER 10, 1997 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GOECKE. MINUTES FOR SEPTEMBER 10, 1997 WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. 6. CONSIDERATION OF PLATS: None PUBLIC HEARINGS: a. PZ97-44 - Conditional Use Permit/Bed & Breakfast, 565 Robin Drive (Lots 7 & S, Block 3, Sungate Park Subdivision). Application submitted by Diana Pierce. Planning & Zoning Commission September 24, 1997 Page 1 BRYSON MOVED TO APPROVE PZ97-44. MOTION SECONDED BY GOECKE. Tom Reiner, 505 Robin Drive, Kenai, Alaska: Reiner stated for the record that he is opposed to any commercial businesses or ventures going into the neighborhood. A similar situation was fought approximately three years ago when a restaurant/catering business wanted to go in. Reiner felt the current owners would do a wonderful business but has concern with the possibility of it pursuing a beer and wine dispensary license in the future. His additional concern was with the safety of the children in the neighborhood as the business will increase traffic. John Thomas, 525 Robin Drive, Kenai, Alaska: Thomas stated that he wouldn't be opposed to a bed and breakfast in the neighborhood but would be opposed to more traffic and having a sign on the road. Diane Pierce (Applicant), 565 Robin Drive, Kenai Alaska: Pierce addressed the concerns expressed by Reiner and Thomas. Pierce felt there is no comparison between her bed and breakfast and a restaurant. Pierce explained that it is her intent to provide one, possibly two bedrooms in her basement so the traffic in the area would consist of two vehicles at the most. Pierce stated there was not a lot of small children in the neighborhood so the traffic should not be a concern. Pierce indicated she had no intention of putting up a sign as she didn't want her home to look like a commercial area. Glick asked about parking for the extra vehicles. Pierce explained her driveway and RV parking area is designed to hold up to five vehicles at one time. Bryson requested that Administration address the issue of allowable signs. La Shot explained the code allows one sign up to 32 square feet in this zone. He pointed out this was different from a home occupation sign. Werner-Quade expressed concern with the basement being up to code for sleeping and asked if a building permit was required to finish the basement. It was pointed out the issue of egress windows, etc., will be addressed with the building permit. VOTE Bryson Yes Werner-Quade Yes Goecke Yes Nord Yes Mahurin Absent Christian Yes Glick Yes Planning & Zoning Commission September 24, 1997 Page 2 Motion passed unanimously provided the applicant meet the requirements pointed out in the Conditional Use Permit. 7. NEW BUSINESS: a. PZ97-46 - Landscape/Site Plan - 325 Airport Way 9 Lot 10, Block 2, CIIAP Subdivision). GOECKE MOVED TO APPROVE PZ97-46- MOTION SECONDED BY CBRISTIAN. Goecke asked if this was being taken one step at a time or is it all inclusive. It was determined that it is all inclusive. Staff had no additional comments. VOTE Bryson Yes Werner-Quade Yes Goecke Yes Nord Yes Mahurin Absent Christian Yes Glick Yes b. Lease Application - Lot 4, Block 1, Cook Inlet Industrial Air Park GOECKE MOVED TO APPROVE THE LEASE APPLICATION SUBMITTED BY SALAMATOF NATIVE ASSOCIATION, INC. MOTION SECONDED BY CHRISTIAN. La Shot requested the following items be added under "Conditions of Acceptance" on the back page of the lease application. 1. Construction must begin by spring/summer of 1998. 2. The completion date of major construction be within two years of effective date of the lease. 3. Intended uses may require a Conditional Use Permit. Discussion took place on what was actually being approved. La Shot pointed out it was the vacant City lot next door to the lot the building is on. La Shot added, the Commission is to determine whether the intended use complies with the zoning ordinance. It was noted that Salamatof Native Corporation owns all lots where the building is located. The building is in the process of being refurbished and remodeled for use as a Head Start Program facility. Planning & Zoning Commission September 24, 1997 Page 3 There has been discussion as to whether or not this was the highest and best use for the property. Christian asked if there were any environmental studies planned for the ground to determine if there is any contaminated soils since the building is a former automotive shop. La Shot answered that there hasn't been any mention of a study but it may be appropriate to look at before it is leased. Goecke stated that he felt that as long as the City got fair market value for the lot then he had no opposition to the lease. Bookey stated that lease rates are 6% of the appraised value of the lot and asked if the lease rate would be impacted if improvements were made to the City property. La Shot replied that since it was leased bare then the 6% rate applies as long as they provided the improvements. He added that if the City provided the improvements then the lease rate is impacted. Nord expressed concern with the environmental impact of having a playground on the property and asked if a Conditional Use Permit would be required. It was again asked if the Commission is to recommend that Council approve the lease. La Shot verified that was correct and added if they intended to have use before the lease was consummated, Administration would recommend they go through the conditional use process. It was also verified that when the conditional use process begins it would include both properties. VOTE Bryson Yes Goecke Yes Mahurin Absent Glick Yes 4. OLD BUSINESS: None S. CODE ENFORCEMENT ITEMS: 6. REPORTS: Werner-Quade Yes Nord Yes Christian Yes None a. City Council: Smalley apologized for not attending the last two meetings, he was involved in other City activities. The following report was provided using the September 17 City Council Meeting Agenda as a guide: Mr. Baldwin gave the City an overview of the proposed multi -purpose sports facility. It will be a bare -boned, 2 to 3 sided type open facility Planning & Zoning Commission September 24, 1997 Page 4 which will provide covered ice skating in winter and other activities in the summer. No site has been selected at this time but the mental health lands have been looked at. Council decided the Dairy Queen building was not needed and will be sold. The City has surplus items for sale (a list was passed around to Commission members). The books listed were given to the Library to go through. The City Council will not support the Kenai River Comprehensive Management Plan as it exists as the concern is still over the lower 4 miles of the Kenai River and the potential impact on the canneries and commercial fishing that takes place there. The Airport Master Plan was submitted. The 2500 foot taxiway extension is nearing completion and should be paved soon. The runway may be extended in the future. A resolution was passed designating the water quality and quantity as a high priority capital improvement project. The City is planning to develop a new well near the golf course area. This should help the pressure situation in the summer when there is a high water usage. A matching grant program has been identified and will be requested next week. The Land Use Table meeting will be held at the end of the Planning and Zoning October 8 meeting. It is anticipated the meeting will take approximately one hour. The potential computer software problems in the year 2000 were discussed. There is already an impact on the City in the Finance Department as one program is no longer available. Since the City needs to upgrade this system it is possible as much as S80,000.00 will be spent next year. Council overturned the Borough's Zoning position on the Zubeck appeal. b. Borough Planning: Bryson reported the Planning Commission met on September 22, 1997. All but one of the plats were approved. The item not approved was the hatchery in the Moose Pass area. Item F-1, a petition to vacate 17 feet of roadway width adjacent to Sports Lake Road was not approved. Planning overrode Administration on Item H-1, D and E. The individual wanted to subdivide without requiring a subdivision Planning & Zoning Commission September 24, 1997 Page 5 survey, however, they didn't conform to several items. Item K-1 was withdrawn, this was a wetlands fill near the Cheechako News area. C. Administration: La Shot provided a project update report. The airport taxiway extension and gravel runway project is nearing a point where paving may be possible depending upon weather and availability of a paving crew. The fire training center project has begun with clearing, grubbing and excavating. Mission Street work should begin next week. Christian asked about paving in his subdivision where holes were dug to allow for sewer work. La Shot answered that work was on a list of areas that need to be patched and they are attempting to get a paving crew in but they are working in the Pass at this time. La Shot stated the animal control facility project is coming along very well. Glick asked about Wal-Mart, he heard the leased lands were not approved. Smalley explained that Wal-Mart declined to sign the lease so at this time they are not planning to build in the City of Kenai. Smalley continued by stating the Council will discuss the 12 acre parcel of property to determine whether or not it should be made into smaller parcels. It was asked what part of the lease Wal-Mart didn't like. La Shot answered that they didn't care for the appraised value of the property which may have been an excuse to pull out of the deal. 7. PERSONS PRESENT NOT SCHEDULED: 8. INFORMATION ITEMS: a. Memo & Response date 9/11/97 regarding Land Use Table Work Session b. KRSMA Minutes of June 17, 1997 C. KPB Plat Committee action of 9/8/97 d. KPB Plat Committee Tentative Agenda for September 22, 1997 e. KPB Planning Commission Tentative Agenda for September 22, 1997 9. COMMISSION COMMENTS AND QUESTIONS: Commissioner Werner-Quade commented on the broken glass that was left on the road after the vehicle accident on September 23 at the corner of Walker Avenue and the Kenai Spur Highway. Werner-Quade believes more clean-up effort should be made. Planning &v Zoning Commission September 24, 1997 Page 6 Commissioner Nord stated that she was pleased with Council's decision to put the Dairy Queen property on the market and to offer it to the general public. Commissioner Christian apologized for being late and commented on the Norville Building in front of Carr's and K-Mart. Christian reported that Norville made a very strong comment at one of the meetings on how he was going to make the backside of the building look presentable from the road. Christian went on to say he didn't know what Norville's intentions are at this point but it doesn't look as though he's fulfilling the promise he made about it being a good looking building from the road. 10. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:40 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission September 24, 1997 Page 7 Memorandum TO: Kenai City Council FROM: Kathy Woodford, Public Works Admin. Assistant DATE: September 22, 1997 SUBJECT: Historic District Board The next regularly scheduled Historic District Board meeting is October 20, 1997. The Board members informed me that October 20 and 21 are the dates of the State Historic Board's annual meeting. The Historic District Board would like to move their October meeting to October 13, 1997 @7:00 p.m. Does the Council approve of this change in meeting dates? /kw AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 3, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Kenai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS Ordinance No. 1758-97 - Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Public Library Assistance Grant. 2. Ordinance No. 1759-97 - Increasing Estimated Revenues and Appropriations by a Net Amount of $7,145 in Three Senior Citizen Funds. 3. Ordinance No. 1762-97 - Increasing Estimated Revenues and Appropriations by $36,000 in the Taxiway Extension North Capital Projects Fund. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) C. Motion for Adoption 4. Resolution No. 97-62 - Amending Morrison Maierle, Inc.'s Contract for the Alaska Regional Fire Training Center Project, to Include Professional Services for the Construction Phase of the Project for the Not -to -Exceed Amount of $510,000.00. se 5. Resolution No. 97-63 - An Amendment to Symtron Systems, Inc.'s Contract for Reimbursement for Long Lead Time Items and Associated Engineering and Administrative Costs for the Alaska Regional Fire Training Facility for the Total Amount of $687,000.00. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of August 20, 1997. F. CORRESPONDENCE G. OLD BUSINESS 1. Discussion - Deferred Maintenance Needs H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1760-97 - Amending KMC 23.40.080 to Provide that the Council Shall by Resolution Determine Whether the Kenai City Manager Shall Participate in the Public Employees Retirement System. 4. *Ordinance No. 1761-97 - Finding That Certain Airport City -Owned Lands, Described as Tract B-1, Kenai Spur -Airport Lease Property, Norville Addition (Including All Structures and Personal Property Existing Thereon), Known as the Dairy Queen Facility, Are Not Required for a Public Purpose. -2- S. Approval - Appointment of Lynne Johnson to the Alaska Council on Domestic Violence & Sexual Assault. 6. Approval - Precinct Election Board Members for the October 7, 1997 Regular City of Kenai/Kenai Peninsula Borough Election. 7. Approval - Amendment to Kenai Golf Course Leases. 8. Approval - Assignment of Lease/Wedge Dia-Log, Inc. to Robert J. Johnson. 9. Discussion - Cook Inlet Academy Request to Borrow Portable Aluminum Bleachers From Kenai Softball Field. 1. Discussion - Kenai Golf Course Lots/Multi-Purpose Recreational Shelter. - None Scheduled. I. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 3, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.Kenai.net/ city ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 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: Moore, Measles, Bannock, Smalley, Williams, Bookey and Swarner. A-5. AGENDA APPROVAL Mayor Williams noted he had no changes to the regular or consent agendas. MOTION: Councilman Smalley MOVED for approval of the regular and consent agendas as presented. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. MOTION: A-6. CONSENT AGENDA See above. ITEM B: SCHEDULED PUBLIC COMMENT None. ITEM C• PUBLIC HEARINGS C-1. Ordinance No. 1758-97 - Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Public Library Assistance Grant. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 2 MOTION: Councilman Moore MOVED for approval of Ordinance No. 1758-97 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1759-97 - Increasing Estimated Revenues and Appropriations by a Net Amount of $7,145 in Three Senior Citizen Funds. MOTION: Councilwoman Swarner MOVED for approval of Ordinance No. 1759-97 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1762-97 - Increasing Estimated Revenues and Appropriations by $36,000 in the Taxiway Extension North Capital Projects Fund. C-3a. Motion for Introduction KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 3 MOTION: Councilman Measles MOVED for introduction of Ordinance No. 1762-97 and Councilman Bookey SECONDED the motion. Council Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-3b. Motion for Second Reading (Requires a Unanimous Vote) MOTION: Councilman Measles MOVED for the second reading of Ordinance No. 1762-97 and Councilman Bookey SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-3c. Motion for Adoption MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1762-97 and Councilman Bookey SECONDED the motion. There were no public comments. City Manager Ross referred to the ordinance and explained the FAA had requested some service roads be upgraded and the work be added to the taxiway extension project. The cost of the upgrade would be funded totally by the FAA. FAA had also requested a change order be made to the project in order for the work to be done. The change order amount would be less than the amount passing through. VOTE: Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 97-62 - Amending Morrison Maierle, Inc.'s Contract for the Alaska Regional Fire Training Center Project, to Include Professional Services for the Construction Phase of the Project for the Not -to -Exceed Amount of $510,000.00. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 4 MOTION: Councilman Smalley MOVED for approval of Resolution No. 97-62 and Councilman Measles SECONDED the motion. There were no public comments. Ross explained, this was one of the resolutions council discussed at their special meeting and reminded them the award would be contingent upon FAA approval and funding. Swarner asked if a response had been received from FAA and Ross answered, they had expected to hear from FAA today, but had not. Williams noted, a project in Lexington, Kentucky, which was lower on the FAA funding list than the City's project, had been funded. Williams noted, he was confident the city would receive the funding. Moore asked if the amendment to the contract was due to the increase in the estimated cost of the total project. Ross answered, no. He explained, the amount was not affected by the overage on the project. Morrison Maierle had actually come in less than what the city had projected. The original contract with Morrison Maierle, Inc. covered costs for the design of the project. The contract was being amended to provide professional services for the construction phase of the project. VOTE: There were no objections. SO ORDERED. C-5. Resolution No. 97-63 - An Amendment to Symtron Systems, Inc.'s Contract for Reimbursement for Long Lead Time Items and Associated Engineering and Administrative Costs for the Alaska Regional Fire Training Facility for the Total Amount of $687,000.00. MOTION: Councilman Smalley MOVED for approval of Resolution No. 96-63 and Councilman Bookey SECONDED the motion. There were no public comments. Ross explained, council had discussed this resolution at their special meeting as well. He added, the contract amendment would be funded as the FAA funds are received. Ross also noted, they had heard the city's package was being reviewed by the higher levels of FAA and there were optimistic things said, but no answer had been received as yet. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE S ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported a meeting had been scheduled for September 9 at 10:00 a.m. at the Senior Center. She also thanked Director Porter for the lovely dinner the Senior Connection prepared for the AML Board of Directors and Alaska Conference of Mayors. D-2. Airport Commission Councilman Measles reported the next scheduled meeting would be held on September 11. He requested another council member attend the meeting for him as he would be out of town. Councilman Bannock stated he would attend. D-3. Harbor Commission Councilman Bookey reported the next meeting would be held on September 8. Mayor Williams reported he received a telephone call from Commissioner Shively who reported he had chosen to accept the Kenai River Comprehensive Plan which included the lower four miles of the River. Shively also told him, he felt compelled to support the Plan because the KRSMA had voted unanimously to accept it. Williams added, he noted his displeasure of the Commissioner's choice and explained there were mitigating circumstances involving not only the lower river, but the entire river to the head waters. Williams stated, he spoke with Ross about Shively's news and Ross noted, it had been difficult to get a copy of the Plan for review. Williams continued, he left a message with Shively's office requesting the 30-day comment period be extended to October 10 in order to fully examine the package as there were numerous reasons for not passing the package as proposed. Some deal totally with elements outside the boundaries of the city. Shively's comment was that there would be a legislative process to follow which would be needed to include the lower four miles. Williams added, he didn't know what affect local groups' comments will have and suggested council prepare a resolution to object to the Plan. Ross stated he had not reviewed the final draft and without it, it had been difficult to prepare comments and he didn't want to error in his comments as to section numbers or language which may have been changed. After receiving the :uial Plan, Ross said, Administration would forward its comments to council. He added, if the final Plan was like the draft, there would be issues, such as wetlands, which will cause a lot of controversy. Continuing, Ross said, it had been clear in the draft document that the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 6 regulatory agencies represented in it do not think the wetlands enforcement and regulations are stringent enough and will want additional regulations included in the Plan (referring to wetlands along the river, in the water shed, along the tributaries and wetlands well away from the river). Additionally, there was language included that government will not return foreclosed private property to the private sector if it is in the affected path. Ross added, the language in the Plan will upset more than people in the City of Kenai, but until the updated Plan is received, it is not known if the language has been changed. Bookey asked when the final draft would be received. Ross reported, Shively had indicated to Mayor Williams, he would be issuing a letter of intent to sign which will give thirty days to comment. When Williams called, the Plan had not yet been printed. Ross stated, he thought the city should receive 30 days beyond the receipt of the package to comment. Bookey agreed. Williams added, he discussed the matter with Theo Matthews and asked him to join Ross in examining the final draft of the Plan and prepare comments in regard to UCIDA's thoughts. He added, there is no guarantee there would be any hold - harmless agreements made with the present processors and users of the lower four miles and in that area lies a large portion of the city's tax base. Williams added, he thought it would be advantageous to the city to team up with UCIDA, processors and users to present a united front on the issue. Bookey stated, because the Plan will take into it the whole watershed of the Kenai River (Sterling, Funny River, Moose River, etc.), the public should understand what's being done. Williams added, Ross pointed out it is incorrect and unfair to the citizens of a community to stage a Board in which the membership is represented by regulators instead of elected officials and citizens of the community. Ross added, until the report is received, it is unknown how it reads. Also, the Board is unduly influenced by having regulatory representatives on it who can attend all the meetings as assigned. Their issues and agendas have an undue weight compared to economic and political realties. They should be there as advisors. Moore asked if the city's argument against the plan would be the entire flood plan or focus only on the City of Kenai because that is our charge and concern. Ross answered, if the report is written as it had been, the wetlands discussion will affect the city as there are wetlands in the city that go into the river. The report will also bring a broader element of concern to the community, Borough, etc. He added, the city would address the bottom three miles, but would raise issues that have broader implications. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 7 Ross also noted, at the last Harbor Commission meeting, the Commission addressed the letter from the Corps of Engineers regarding the surveillance report and then forwarded it to the City Council. He added, it had not been brought forward to a council meeting because he had met with Senator Torgerson and they discussed how DOT had gotten involved with funding with the Corps in different communities throughout the state. At this time, Public Works Director Kornelis is investigating how the Corps and DOT have related in other communities in regard to erosion issues (river or ocean), their level of participation, etc. If there is an option of bringing in another sponsoring party, it's an option council should have before them. He was not aware of how long it would take to get the information, but the Corps had been noticed that the item had not been brought to council for an answer as yet. Williams suggested petitioning the congressional delegation as the sponsorship because each one of them is fully familiar with the city's erosion problems and understand the difficulties the city has had in getting the Corps to move on the work. D-4. Library Commission Councilman Moore reported the Commission met on September 2 and heard a report on the very successful summer reading program. He added, there had been a significant increase in attendance. They also heard a report from the Friends of the Library who are selling their annual building addition fund-raising tickets. The Commission also discussed establishing a Public Relations Committee, reporting to the Commission, to promote public awareness of the library and what it has to offer. Moore added, there was also discussion in regard to an alliance with other local libraries and schools about computer networks. The Commission decided to hold off on that until a future date in order to become more aware of what would be required. Librarian DeForest thanked Councilman Bannock for his involvement with the summer reading program celebration. D-5. Parks & Recreation Commission Councilman Bannock reported the next meeting would be held on September 4. Director Frates reported a tour of city parks was taken by the Commission and it was found to be a good learning experience for all. The Commission will have a follow-up discussion of the tour during their next meeting. Mayor Williams asked the progress of the fence and building placement issue at Cunningham Park. He continued, through past discussions, council was aware the fence had been placed in the wrong place on both sides of the property. He asked if administration could have a true survey line marked and have 7�he fence placed on the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 8 property line. He added, he thought if the fence was placed on the proper boundary, it could be seen what room for expansion would be. Ross noted, he was not at the city when the fence had been placed, but some of the items he had read and conversations heard were that the fence was intentionally moved in to keep the public from getting out into the whole of the area. The fence was not meant to mark the park boundaries, but more to contain use. Williams agreed, except there was now a problem in that the boundaries of the property had been delineated and there is always room for prescriptive right. Attorney Graves stated, that could not be done against the city. Williams added, one of the comments he made to the Parks Commission was they needed to do long-term planning for Cunningham Park and to do that, the boundaries should be known. Swarner asked what had happened with the property line next to Garcias. Attorney Graves answered, council had directed Garcia to research the heirs and try to contact them. His lawyer wrote and stated they really didn't want to do that and Graves wrote, stating it was the policy of the council and administration would not change that policy. Graves continued, he suggested they try to contact the heirs and if there were problems to let the city know the process had failed. He had not heard back from them. Swarner asked how much property was involved that was not included within the fenced area. Frates answered, in reviewing the city maps, he thought it was about 20 feet according to a survey from 1992. Swarner stated, she objected to putting any money into that property until the building problem was resolved. Bookey stated he agreed that the fence line was not a primary boundary, but a way to keep intruders from entering other properties. He did not have a problem with doing another survey, but did not want to move the fence as he saw no real benefit. Smalley stated he understood construction on the Garcia building would be halted until the matter was resolved and it appeared to him construction had continued. Graves and Ross stated they were not aware there was work being done on it. Williams stated, if the fence had been correctly bounding the park property the building problem would not have happened. Smalley and Bannock disagreed. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of the August Commission meetings were included in the packet. Bannock referred to discussion in the August 27 minutes about the Baron Park No. 11 lease application and asked if the information in the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 9 minutes was correct in that the lease had been forwarded to the applicant but had not yet been returned. Ross reported the lease application had been approved by P&Z in concept and Council approved entering into a lease with stipulations. The lease had been forwarded to the applicant but had not been returned. No building permit was purchased to trigger a plat. Williams noted, an answer may be received from the applicant after September 8. It was also noted page numbering on the 8/27/97 minutes needed correcting. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported the next meeting was scheduled for Tuesday, September 9 at 5:30 p.m. D-7b. Historic District Board Councilman Moore reported the next meeting would be held on September 15. D-7c. Challenger Board Councilman Bannock reported Astronaut Pete Conrad had consented to serve on the Board of Governors. D-7d. Kenai Visitors & Convention Bureau Board Councilman Bookey reported the next meeting was scheduled for September 12 at 8:00 a.m. D-7e. Alaska Municipal League Report Councilman Smalley reported the AML Board of Directors in conjunction with the Alaska Conference of Mayors met in Kenai on August 27 and 28. During the meeting, the groups worked on the Legislative Forum and decided on seven objectives to promote during the next legislative session. The key issue discussed was deferred maintenance which will be discussed further at the November meeting and an AML resolution will include a request for $250 to $300 million for approximately five years to fix deteriorating facilities and set up a fund for ongoing maintenance. Williams reported, they were considering the development of a Permanent Fund side stream to the communities of the State of Alaska which would require a constitutional amendment. The integrity of the Permanent Fund check would be preserved for the citizens, but the side stream would funnel funding to communities for deferred KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 10 maintenance use. A program such as this could bring $700,000 to the city at the start and over the years, escalate to $3 to 4 million. Williams added, the Alaska Conference of Mayors believe the biggest detriment to the Permanent Fund is education of how the money is obtained, invested and distributed and suggested creating a curriculum for Alaska high school seniors. Williams referred to Item G-1 and suggested council review his memorandum and the information included prior to the September 10 work session. He asked that the city prepare a plan of the city's maintenance needs, take new slides, and have a presentation ready to present to the State as soon as possible. Williams added, he wanted to determine all the maintenance costs to prepare the city for the next five years of operation, including roofs, roads, buildings, pumps, generators, etc. so that when a change occurs, the city will be ready. Williams also noted, in the past he asked for a replacement schedule for the rolling stock over $10,000 in value. Ross stated, administration was developing an equipment reserve list with the cut-off amount at $50,000 instead of $10,000 due to the life span and amortization costs. Also, an equipment reserve fund will be developed to fund the items, be kept and replaced by departments. Capital Improvement Program - Williams explained, this program was different from the deferred maintenance program. He requested council review the list of items he included and add others. Reviewing his list, Williams noted (1)he would like funds included in the next budget to cover costs of design of a new shop and maintenance facility; (2) the Challenger project is an ongoing project and wants it left on the capital improvement list because the city will own the building and will oversee the construction, etc.; (3) an expansion of the Sewer Treatment Plant will be required; (4) the water and sewer lines within the city core (Williams noted there is interest in having the lines extended to Vahalla Heights and to edge of the city limits, but did not think the city could afford the cost to serve a small amount of people); (5) paving roads from the core out, which had been discussed in the past; and (6) library expansion needs. Williams hoped to have a resolution prepared for the September 17 meeting so the information will be available to pass on to the Borough, etc. the first of October. Education Funding Survey - Smalley stated the survey was put out by AML, ACoM, Association of Alaska School Boards and Alaska School Administrators Association to look at ways to make modifications or approve the current funding formula for education and other ways to bring about funds for education. He requested council review the survey and bring it back on September 10 as he believes there will be attempts in the future to get municipalities involved in the financial relationship with KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 11 schools and the city should be careful in doing that. Smalley added, he was aware of one municipality that sent out tax bills with a note the tax amount had increased due to their legislators cutting municipal revenue sharing, etc. Subsistence Management System - Williams requested council review the information and suggested council decide whether they wanted to prepare a resolution to include on the agenda for their September 17 meeting. Smalley, referring back to the deferred maintenance discussion, the AML Board suggested photographs be available to pass on to news media, etc. so that the public will have a better understanding of maintenance concerns and the need for funding for repairs, etc. Also, there was discussion of forming a municipal fund out of existing monies in Juneau that would be set up like a dividend fund for municipalities for future projects and programs for maintenance which would be based on population. ITEM E• MINUTES E-1. Regular Meeting of August 20, 1997. Approved by consent agenda. ITEM F• None. ITEM G• OLD BUSINESS G-1. Discussion - Deferred Maintenance Needs Discussed at Item D-7e. ITEM H• NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 12 H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. Ross explained the purchase order to Integrity Surveys was for the maximum amount it would cost if council selected Option 1 in regard to the golf course lots to be discussed at Item H-10. MOTION TO POSTPONE ACTION: Councilman Measles MOVED to postpone action on H-2 until after council discussed Item H-10. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1760-97 - Amending KMC 23.40.080 to Provide that the Council Shall by Resolution Determine Whether the Kenai City Manager Shall Participate in the Public Employees Retirement System. Introduced by consent agenda. H-4. Ordinance No. 1761-97 - Finding That Certain Airport City -Owned Lands, Described as Tract B-1, Kenai Spur -Airport Lease Property, Norville Addition (Including All Structures and Personal Property Existing Thereon), Known as the Dairy Queen Facility, Are Not Required for a Public Purpose. Introduced by consent agenda. H-5. Approval - Appointment of Lynne Johnson to the Alaska Council on Domestic Violence & Sexual Assault. Council had no objections to the appointment, however it was directed the letter be forwarded first thing in the morning as the due date was September 3. H-6. Approval - Precinct Election Board Members for the October 7, 1997 Regular City of Kenai/Kenai Peninsula Borough Election. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 13 MOTION: Councilman Smalley MOVED for approval of the precinct election board members for the October 7, 1997 regular City of Kenai/Kenai Peninsula Borough Election. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-7. Approval - Amendment to Kenai Golf Course Leases. MOTION: Councilwoman Swarner MOVED for approval of the amendments for the Golf Course Lease with Richard I. Morgan and Donald R. Morgan. Councilman Measles SECONDED the motion. City Manager Ross explained the amendments were recognizing the city was using golf course properties for its own recreation program while the lessees developed the property, paid taxes on the property, while the properties were in the city's name. Also, the amendment would stop the escalating lease rate included in the original lease. VOTE: Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-8. Approval - Assignment of Lease/Wedge Dia-Log, Inc. to Robert J. Johnson. MOTION: Councilman Smalley MOVED to approve the assignment of lease from Wedge Dia-Log, Inc. to Robert J. Johnson and Councilman Moore SECONDED the motion. Attorney Graves stated he had no objections to the transfer. VOTE: Councilman Smalley requested UNANIMOUS CONSENT and there were no objections. SO ORDERED. H-9. Discussion - Cook Inlet Academy Request to Borrow Portable Aluminum Bleachers From Kenai Softball Field. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 14 City Manager Ross explained, Cook Inlet Academy made the same request last year and council approved the loan of the bleachers, contingent upon indemnity of the city for their use. He added, Parks Director Frates reported to him the bleachers were returned in good condition. Swarner asked if Ross or Frates knew when Cook Inlet Academy would have funds enough to purchase their own bleachers. Frates answered, he had not had that discussion with Academy representatives. Clay Nettles - Cook Inlet Academy Representative. Nettles stated he did not know when the Academy would have enough funds but they were developing ideas for fund raising for the purchase of bleachers. Swarner asked if the purchase of bleachers was their number one priority for fund raising. Nettles stated he didn't know. MOTION: Councilman Smalley MOVED for the approval of the continuation of Cook Inlet Academy's request of the City to borrow the softball bleachers, again with the continued indemnification with a note attached encouraging them to seek funding because the city's lending program may not be available for a long-term basis. Councilman Bannock SECONDED the motion. Moore asked if any concerns were received from citizens that the bleachers had been removed. Frates answered no. Bookey stated he would agree to the lending of the bleachers this year, but will look harder at it next year. Bannock noted he had attended Cook Inlet Academy and his children would be attending the Academy and asked if there may be a conflict with his voting on the issue. Mayor Williams stated there was no conflict. VOTE: There were no objections to the loan of the bleachers for one more year. SO ORDERED. H-10. Discussion - Kenai Golf Course Lots/Multi-Purpose Recreational Shelter. Williams requested Ross report on the user group's progress in regard to the recreational shelter. Ross reported, he had not submitted a plan to Bureau of Outdoor Recreation (BOR) because he had not yet received a footprint of property needs from the user group. After the user group submits their plan, Mayor Navarre will review the Borough options of turning this Mental Health Land (by the high KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 15 school) over to the city for placement of a recreational shelter. After that, the city would go to the Department of Natural Resources (DNR) with its proposal to place the facility on the property by the high school, taking the funds from the sale of the golf course lots to build the facility on that property which would then carry the deed restriction now on the city's BOR lands. This would work into a trade of property and facilities in exchange for property. However, until the user group comes forward with a specific piece of land, there was no package to present to DNR. Williams stated he would like Administration to check the size of the Borough property as it may be wide enough for placement of the facility without using the Mental Health Land. Ross added, in discussions with Mayor Navarre (also a member of the user group), he understood the size of the building being considered by the user group would extend over onto the Mental Health Land. Ross indicated he would check with Navarre in regard to those concerns. Bookey asked if the user group had indicated when they would have the footprint to the city as he felt the city had done its part. Ross answered, Rick Baldwin (user group) is to contact him. At this time, the user group has the next move in telling the city what the needs are. Bookey noted, the city was ready to spend money on the project at this meeting, but the user group had not brought forward their information. Ross stated he believed the city would be spending the money at some time anyway, even if this project falls through. Bookey agreed, but stated he wasn't sure if he wanted to expend funds until knowing BOR will complete the deal with the city. Ross added, he believed the properties were very high -valued and eventually BOR and the city would come to terms and the property would go into private ownership, especially since BOR was being phased out. Ross, referring to the memorandum in the packet, there were two proposals in regard to the subdividing and development of the golf course lots (BOR lands): (1) dividing the property into lots and (2) dividing the two sections into lots, leaving the larger section open for future consideration. From file information, Ross noted the size of the lots were to be approximately 10,000 sq. ft. These lots would be slightly larger and council may want administration to have the lot sizes modified to smaller lots. The user group presented costs that the city would need to try to pick up approximately $500,000 from the sale of the land (to cover the costs of the facility they propose to build). If Block 3 was not subdivided and held for future use, the amount of lots available would not generate the amounts needed from the sale of the lands for the project. Williams stated, past discussion was to leave Block 3 as one large piece of property for future sale to a developer whose responsibility it would be to place water and sewer and decide whether the property would be used for condominiums, etc. He added, he KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 16 didn't know if the city would receive the highest value of the land if this was done, although the highest value would be associated with a lot of investment from the city to get to that point. Ross asked if the past discussions were prior to the sewer interceptor because now there would be water extension and water/sewer stubout costs for that area. Ross stated, all three blocks would be requested for release from BOR. Bookey stated, he thought they should do Proposal Two and could always have Block 3 subdivided at a later date if desired. Bookey asked how water/sewer stubs were on some of the lots when the property had not be subdivided prior to this. Williams stated, there was a preliminary plat which was never approved through P&Z. Ross stated, when the property is surveyed, there would be an actual filed plat. The former plat was never filed and was only a schematic. In discussions with the surveyor they would be sure not to have duplication of stubouts on one block and none on another, etc. Bannock asked, other than the approximate $700 difference between the two proposals, was there liability in having Block 3 subdivided, because Block 3 could be un-subdivided if needed in the future. Williams answered, only that it would be less confusing not to un-subdivide the property in the future. Bookey also stated, he thought it would set a precedent that it was council's intent to have the block in lots. MOTION: Councilwoman Swarner MOVED to accept Proposal No. 2 from Integrity Surveys for the cost of $5,875. Councilman Measles SECONDED the motion. Williams stated, in regard to the difficulty of un-subdividing property, it depended on whether doing so would be controversial or not. Williams and Measles agreed, for the extra money to have Block 3 subdivided later, it would be probably better to do Proposal No. 2 and move on. VOTE: There were no objections. SO ORDERED. H-2. Purchases Orders Exceeding $2,500. MOTION: Councilman Smalley MOVED to amend Item H-2, the purchase order to Integrity Surveys in the amount of $5,875. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 17 VOTE ON MAIN AMENDED MOTION: Moore: Yes Smalley: Yes Swamer: Yes Measles: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:43 P.M. BACK TO ORDER: 8:50 P.M. EXECUTIVE SESSION - None Scheduled. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Bannock: Yes Bookey: Yes a. AT&T - Mayor Williams reported he attended an AT&T open house and met with the Vice -President of the company, who was pleased with the City's enthusiastic approach to economic development and praised the P&Z Commission's decision on the tower issue. b. Wal-Mart - Williams reminded council Wal-Mart's board of directors would be meeting on September 8 to consider lease of city property. C. Columbia Medical - Williams reported he would be meeting with representatives from the Columbia Medical group who had asked to meet and look at the community. If something substantial comes about, he suggested to them, council would want a letter for review of options, RFP's, invitations to others, etc. and allow time to comment. d. Challenger Board of Governors Meeting - Williams reported he would attend the Board of Governors meeting in Anchorage on September 4. e. Economic Development Committee - Williams reported the Economic Development Committee would be meeting at Mr. D's on September 4, at 7:30 a.m. f. Labor Day Picnic - Williams reported the annual picnic was a great success. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 18 I-2. City Manager a. Goals & Objectives Work Session - Ross reported he was not ready to discuss goals and objectives at the September 10 work session. However, he would bring in a scheduling of capital items of over $50,000 that are projected out over the next five years as part of their consideration of the Capital Matching Grants Program. Council will also have to make some decisions on DEC's Capital Matching Grant Program. At a later date, he hoped to tie that information in with the equipment reserve schedule and maintenance schedule for the buildings. At that later time, he will be providing council with other department goals which are not a part of the capital improvement discussions. He added, he didn't anticipate having the goals and objectives information together until October or later. He noted, Administration's immediate priority was getting the financial statement completed, and proceeding with the ESI management discussions and the ARFF project. b. ESI - Ross reported a formal lease proposal had been sent to ESI, along with the Alaska Statutes and Borough Code in regard to tax considerations and reductions. He added, it was doubtful whether they would qualify, but that was up to the Borough Tax Assessor. Ross noted, the City would provide hydrants, since the city had already agreed to do the maintenance and repair of hydrants. C. Dairy Queen - Ross reported an ordinance would be brought forward to the next council meeting for consideration. The ordinance would determine the property not required for public purpose. A purchase order for approximately $2,500 would also be included in that packet for a real estate appraisal of the property. Ross noted, it was the intention of administration to list the property with a realtor for six to eight months as it was doubtful a lessee could be found during the winter months. d. Economic Development District - Ross reported there was a position on the EDD Board for a city official, which has not been filled. He suggested the city, like other communities, assign an elected official to represent the city on the Board. If not one of the council members, he suggested council consider the Planning Administrative Assistant be assigned because the position is being developed more and more as a planner and used as a commercial resource position. He added, the board position is council -assigned. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 19 e. Lobbyist - Ross reported Reed had not been paid in full because he had not submitted the monthly reports, updated client list, etc. to the city in accordance with his contract. Ross added, in the next packet, council would have a summary of Reed's activities and the updated client list. At the October 1 meeting, council could discuss final payment of the bill ($18,000). f. Public Safety Roof - Ross reported the roof project had been completed. The contractor found rotted material and had to place some decking. No extra cost had been requested (for the decking) at this time. g. City Manager Leave - Ross reported he would be out of the office from September 12-20. While he was out, Finance Director Semmens would be Acting City Manager. Bannock asked if the Dairy Queen property would be turned over to a realtor to market the property. Ross answered yes, if council doesn't object, he intended to do that. Attorney Graves stated he believed the property had to be offered for sale unsuccessfully once before that could be done. Bannock referred to Information Item No. 2, a letter to the Board of Fisheries. Bannock explained he had a conversation with Steve Perrizo who stated he and his neighbors had heard the city was interested in eliminating dipnet fishing only from the north side of the river, which would put all people wanting to dipnet fish on the south side of the river (their front yards). Bannock stated, he understood the intent of the letter was requesting to move the dipnet boundary from the upstream side of the unnamed creek on the north side and did not think it was the city's intention to end dipnet fishing on the north side as or south side. Bannock asked if Mr. Jones knew the city's proposed solution. Ross answered, the actual language to go with the letter would be submitted by Fish & Game who identified the area. The letter in the packet was only to request an agenda change and that would be followed with the specifics. Ross advised, there was a small chance the request for agenda change would be accepted, but the city had the support of Fish & Game for the agenda change. Bookey asked when the city would know whether the agenda change would be made. Ross answered, he didn't think until around the first of October. Councilman Smalley referred to Item I-1, the DCRA letter with the FY 99 population determination for the City of Kenai which determines the amounts for State Revenue Sharing and Safe Communities Program purposes. He asked if the city would be KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 20 requesting an adjustment to the count. Williams answered no, but it is a long and involved procedure to make an adjustment and thought it best to wait for the Census 2000 determination. I-3. Attorney - No report. I-4. City Clerk - No report. I-5. Finance Director - Semmens reported the auditors would be returning to City Hall to complete their work. Semmens added, he had received a lot of help from Robin Feltman, who had done the city's portion of the audit last year. He noted, the audit should be done in early October. I-6. Public Works Director a. Mission Street Project - Public Works Director Kornelis reported DOT had the project out to bid and the bid opening was scheduled for September 10 and would be held in Anchorage. Plans were available in his office. b. City Auction - Kornelis reported the city auction had been scheduled for October 4. A resolution declaring items obsolete would be included in the September 17 packet for council consideration. Old Towne Directory Signs - Kornelis reported, DOT had been requested to place directory signs for Old Towne and the Airport. Swarner requested a list of the items to be auctioned be included in the next packet and didn't want to have the list advertised as other departments may want to take items off for their use. Kornelis stated the list would be with the resolution. He added, a request for proposal had been advertised for an auctioneer. Kornelis was informed of some pavement dips by the high school and along the cemetery road; a hole in the pavement beside a manhole on Main Street Loop and holes in the pavement in front of the Library and Fire Department. Kornelis stated he would contact Alaska Roadbuilders in regard to those and several other pavement problems. I-7. Airport Manager Airport Manager Ernst reported the taxiway extension project was proceeding nicely, and the crack -sealing project would begin on September 8. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 21 ITEM J: DISCUSSION J-1. Citizens - No reports. J-2. Council Bookey - No report. Swarner - No report. Moore - No report. Measles - No report, but requested the work session information forwarded to him and have the Airport Commission packet forwarded to Councilman Bannock. Bannock - No report. Smalley - Reported the AML/ACoM were very impressed with Senior Center and the meal received from the Senior Connection. Williams - Reported he took Lt. Gov. Ulmer on a tour through Vintage Pointe and she was very impressed with the facility and said it was the finest she had seen in the state. Williams also noted there were some street lights out throughout the town. Kornelis explained the Kenai Police Department make note of those out and report to him for their repair. ITEM K• ADJOURNMENT The meeting adjourned at approximately 9:16 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI CITY COUNCIL WORK SESSION SEPTEMBER 10, 1997 KENAI SENIOR CENTER 7:00 P.M. Council Present: Williams, Smalley, Swarner, Moore, Bannock. Council Absent: Bookey and Measles. Staff Present: Semmens, Ross, Graves, Kornelis, De Forest, Elson, Ernst, Porter, Morris, and Sheryl Padilla as Acting City Clerk. Others Present: David Lucas, Peninsula Clarion. Topic of Discussion: Goals and Objectives. Mayor Williams opened by asking each council member to state their thoughts on where they see the City heading and what they would like to see happen. City Manager Ross first stated the two things Administration needed from Council tonight were: 1) How Council wants to dedicate municipal capital matching grant funds; and 2) How Council wants to dedicate the DEC matching grants. 1. Councilman Moore stated that the bluff should be the first priority. He said that ARFF and the Challenger are great projects but that he has been approached by citizens about projects that they can actually use and enjoy -such as a library expansion or an ice rink. Moore also stated that council needs to look at the aging neighborhoods and their streets and water and sewer. 2. Councilwoman Swarner echoed Moore's concerns but stated the bluff would not be the highest priority on her list. She said streets in older neighborhoods such as Woodland and Redoubt would be more important. She said she has also heard comments from residents about wanting something to use such as a library expansion or an ice rink. 3. Councilman Bannock said he looks at priorities from a basic needs point of view. He said streets clearly comes first, and along with that would be a new maintenance facility to keep the equipment running to maintain the roads. 4. Councilman Smalley agreed with the items already mentioned and also listed tent camping off of Marathon Road, expansion of the sewer plant, increased space for city hall, continuing the lights program, continuing to push Kenai as a year -around activity center (an ice rink could help with that, he said), and looking into the possibility- of a women's prison in Kenai. 5. Mayor Williams said council needs to look at the citizens who live outside the City but look to Kenai for needs and services such as ambulance, shopping, the animal shelter and the _brary. He said we Work Session Minutes September 10, 1997 Page 2 of 6 need to continue to help develop the economy of the City. Williams stated that all roads in the inner core of the City need to be paved; he said we should go back and pave the ones that were missed and then proceed with the "core" plan. He agreed that water and sewer should be looked at but not a major extension until the treatment plant is expanded. Williams said the maintenance shop is a must, and we should start trying to get the money from the state grant process now because it will take years to get it. Bannock continued by saying that paving should not necessarily be done from the inner city out. He said there are other areas that need it such as Dolchok. Williams said the paving plan should be resurrected and reviewed. Ross pointed out that the streets listed are maintenance projects, not new paving projects. A discussion followed regarding Wildwood Drive which is maintained by the City. Swarner stated when Wildwood is repaved a sidewalk and lights should be installed. It was decided there is not enough use to warrant the expense. Swarner suggested maybe it should be cared for by the State instead. Williams stated the City needs to continue contact with State officials and the legislative group, participate strongly, and keep pressure on Juneau to get things done for the City. He said we need to keep a closer eye on state government. Regarding compiling the capital improvement list, Williams said it probably won't happen again that the City would be using municipal capital matching grants from the State for city water and sewer grants from the State. Smalley suggested that maybe Council hasn't been using a broad enough view of things and should maybe expand their view. He said Kenai has been conservative over the years in asking the State for small amounts of money for projects while other cities ask for much larger amounts of money. Ross stated the opportunity for big money may come this next year in the area of erosion control. He said Administration is now submitting a grant request to the Alaska Science Foundation as a trial project. He said the City will have to get the Corps of Engineers to buy into it, and we will have to match it with maybe $30K or $50K. If that works, it could lead to bigger money. Williams asked Administration to examine Council's comments and comment on them, including status such as "in process" or "on list for future," etc. Swarner said the City should look at putting more lights along the streets. She said she would like to see more money for safety. Work Session Minutes September 10, 1997 Page 3 of 6 Williams suggested Council dedicate all capital grant money to streets as Administration has recommended. Swarner said she would like to see as much money as possible go to paving streets. She stated the money should go to the areas where people want assessments. She repeated that she would like to see lights and a sidewalk along Wildwood Drive. Smalley said there wouldn't be a lot of walkers along Wildwood Drive. Williams said we could at least request roll-over curbs and some lighting; but, he said, the neighborhood isn't very conducive to walking. "You've got a half -mile long road that goes from a main highway to a prison ... and only about four residences on it .." Administration was directed to come back with a price for improving Wildwood Drive, including lights and sidewalks. Regarding the October booklet that goes to the Borough and the legislators, after discussion: city shop $3M; new roads $2.5M; water and sewer $6M; library expansion $2M; multipurpose recreational facility $1.5M; and erosion control $25M. Williams said deferred maintenance is going to happen, and if any projects fall into that category they have a chance of getting paid for. He said Wildwood Drive is a perfect example of that —maintenance has been deferred until the street is almost gone. Moore said it sounds like the bluff would qualify for deferred maintenance. Williams said we should take a look at changing our view of deferred maintenance. He said he had asked Administration to develop a long-term plan about buildings. Ross stated that deferred maintenance can be defined many ways. He said the way Administration defined it for the deferred maintenance schedule was to look at fixed and capital assets. So if it belongs in and is attached to the building, it's a capital asset as opposed to the police department recorder or the finance department's accounting system which are not capital assets. Williams summarized that Council has agreed tonight that the resolution should state that all the municipal capital matching grant funds will be dedicated to "streets." Council will decide later how to divide that money up within that category. The next question to answer for Administration, he said, is regarding the DEC matching grants. Ross said Administration recommends digging another well at the [dead] end of Lawton Drive because it would help with the summer water needs and it would be a better location for tying in water lines to future housing developments. Ross said the well to be dug at the fire training center will be non -potable water and not enough water for city use anyway. Williams said he will be asking Council to consider the funding of a new city maintenance shop in the next budget. He asked if there were any Friends of the Library in the audience who could talk about a new approach to the expansion issue. Bob Peters spoke up as a Library Commissioner. He said the Commission Work Session Minutes September 10, 1997 Page 4 of 6 recommends doing needs assessment. It has been nearly five years since the last one was done. Peters said he believes the failure of the bond issues was due to the fact that people didn't want to pay for the expansion as a bond. He said the $2.5M figure is a realistic figure. Williams said Council needs to prioritize the items on the list and provide proof that the City is in dire need —that items are breaking down and wearing out. He said that deferred "capital" is just to continue the program. He said the ice rink is a good example. It wouldn't be good to ask for a new ice rink when we have a city shop that's falling apart. Smalley talked about deferred maintenance and that it is broken into categories of deteriorating facilities and new construction under a municipal dividend program. Williams asked what other areas should be looked at for capital funds besides streets, city shop, library, water treatment facility, water and sewer plant. Swarner asked if the City dock can be developed further to add to city revenue. Kornelis stated there isn't much to do but pave the staging area. Swarner responded that is not deferred maintenance. Moore asked if dredging the mouth of the river could be considered deferred maintenance. Ross said that isn't a project the City wants to get into. "We want the corps to do that ..." The South Spruce parking problem should be given back to the State because "... they created the problem," Williams stated. Ross said we have some Fish & Wildlife assistance on that and on the other side of the river, and maybe we should bring both those projects back to the table. Williams said the river access project is $800K and So. Spruce parking is $100K—almost a million dollars that could be paid for by the State if the projects went back to them. Ross asked for clarification that Council is still wanting the number one priority on the DEC list to be the new well. Williams said that further down the list is the construction of the No. 1 well house. It was decided that the new well would be number one on the list, with the tie-ins and the well house as numbers two and three (at least internally). Because of life -safety issues around the new well, the chances for funding are best with it, Ross stated. Because of the need to deal with problems brought on by State decisions about fishing, we should ask the State to pay for all the paving of the staging area, the new launch ramp, the new exit road, the river access on the south side, and parking on South Spruce, Williams stated. Smalley asked Kornelis about the status of the light pole which has been lying on the ground for months at the intersection of Bridge Access and K Beach Road. Komelis said he will contact DOT again. Work Session Minutes September 10, 1997 Page 5 of 6 Bannock suggested that since dip netting is an issue that has been thrust upon the City maybe the City should try to put it in a positive light. He said if we refer to it as something like "enhancement of statewide dip netting opportunity," maybe our chances with the State would be better than going to them demanding that they do something because of "this evil curse that they have placed on to us." Bannock said maybe the State would see Kenai as willing to work with them and then be more apt to foot the bill for projects that we need to deal with the problems. Administration was directed to prepare a report for the legislators regarding the dip net issue to include such data as how many permits have been issued, how many dip net permits are issued, traffic counts, how many people launch from the dock specifically for dip net fishing, and extra pressure on the community in dealing with this issue. Williams discussed the bluff erosion problem. He said he thinks that if the City gets into the project it will spend most of its money fighting the agencies over it. He said the best course at this time is to work with the Corps of Engineers. Smalley stated the City should look into how Bethel handled their similar problem and see if there is something the City can learn from that. Williams said we won't get the money this year for sure. Williams asked Finance Director Semmens for a "thumbnail sketch" of the City's finances now compared with the plan for where we would be. Semmens said he has not thoroughly analyzed the numbers at this point. He said the general fund will increase approximately $17,000. He explained that's because he used 95% of appropriations as the target for what would be spent —which is more conservative than what the City's history indicates. But, he said, "... I would rather show you a deficit and end up with a surplus." As of June 30, 1997, he said, the general fund looks better than what was projected. Williams summarized the meeting by listing these items accomplished: 1. Looked at the City Manager's memorandum; 2. Looked at capital projects; 3. Set priorities regarding DEC and municipal capital matching grants; 4. Discussed philosophically how things should be down the road. Williams said when Council meets again they should further discuss the last item. He asked that the Clerk get the notes from the first portion of this meeting to Council at the next Council meeting. Swamer asked when Council will be meeting with the legislators. Williams said before Thanksgiving —he will take care of it. Work Session Minutes September 10, 1997 Page 6 of 6 Williams asked if anyone from the community wanted to speak. Bill Popp said he lives in VIP and is pleased with the assessments there. He suggested that Council look closely at areas of town with dense population. He asked Council to consider a small park in VIP —a ball park if possible but now necessary now. Popp said home owners in the area would help with maintenance. Popp also said that the septic problem in VIP is a "ticking time bomb" and if not fixed will lead to tainted wells, water problems and could possibly affect the river. Popp then commended Council for the "friendly" tone of tonight's meeting. Bob Peters spoke about the bluff. He said he appreciated Councilman Moore's view of fixing the bluff problem. He said Council should remember that the bluff is a source of revenue in a way, too; and that revenue (property) is being lost to erosion. Peters said the Senior Center sits closer to the bluff that his own house on Mission Street, and maybe Council should worry about losing the Senior Center over the bluff, too. He said Mission Avenue should be fixed. Meeting adjourned at 9:25 p.m. Respectfully submitted, Shery . Padilla, Acting City Clerk PAYMENTS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: October 1, 1997 DEPARTMENT ACCOUNT AMOUNT VENDOR DESCRIPTION FOR RATIFICATION BLUE CROSS OF AK/WA I.C.M.A. NACO WEST DENALI AK CREDIT UNION HOMER ELEC ASSN RATIFICATION LIST ASHLEY REED AND ASSOC OCT. MEDICAL INS SEPT. DEFERRED COMP SEPT. DEFERRED COMP VOL. DEDUCTIONS ELECTRICAL USAGE SERV. FOR 97 LEGISLATIVE SESSION INVESTMENTS VENDOR DESCRIPTION DAIN BOSWORTH US GOUT SECURITY AGENCY VARIOUS VARIOUS VARIOUS VARIOUS VARIOUS LEGISLATIVE MATURITY DATE 15-Mar-98 HEALTH SUPP. RETIRE. SUPP. RETIRE. LIABILITY UTILITIES MISC. $41,128.31 $14,450.00 $3,650.00 $10, 007.00 $23,593.19 $18,000.00 AMOUNT Effect. Int. 1,435,416.52 5.80% PAYMENTS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL M111dCll MFFTINr, nF- October 1. 1997 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT FnR RATIFICATION BLUE CROSS OF AK/WA I.C.M.A. NACO WEST DENALI AK CREDIT UNION HOMER ELEC ASSN APPROVAL LIST OCT. MEDICAL INS VARIOUS HEALTH $41,128.31 SEPT. DEFERRED COMP. VARIOUS SUPP. RETIRE. $14,450.00 SEPT. DEFERRED COMP. VARIOUS SUPP. RETIRE. $3,650.00 VOL. DEDUCTIONS VARIOUS LIABILITY $10,007.00 ELECTRICAL USAGE VARIOUS UTILITIES $23,593.19 ASHLEY REED AND ASSOC SERV. FOR 97 LEGISLATIVE LEGISLATIVE MISC. SESSION $18, 000.00 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. DAIN BOSWORTH US GOVT AGENCY SECURITY 15-Mar-98 1,435,416.52 5.80% S' 1 PURCHASE ORDERS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: 1-Oct-97 VFNDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT KENAI PEN. YOUTH COURT YOUTH COURT SUPPORT WESTERN LIBRARY NETWORK DIAL UP ACCESS MILLER SHEET METAL LENNOX HEATING/COOLING UNIT 4 SEASONS FENCE CO SECURITY FENCING LEGISLATIVE MISC. 5,000.00 LIBRARY COMMUNICATIONS 6,000.00 AIRPORT TERM REPAIR AND MAIN. 5,779.00 AIRPORT M&O REPAIR AND MAIN. 5,000.00 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111- 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings J 2. Proposed buildings �- 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) �- 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on -site access) 8. Location of sign(s) - sign permit requirea 9. Fencing 10. Curb cuts (where applicable) 11. Building height —�-�- 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 The lot would be raised to grade with gravel. The first 30 for facing on Willow Street would be paved for parking with two exits on Willow. The Northerly half of the remaining lot would be planted in grass and fenced with an 8' tall fence.with a gate from adjoining lot 5-A. Within the fenced area play�'-ground equipment such as swings, slides and merry go round would be constructed. Trees and picnic tables would favor the alley side of the lot. The remaining south half of the lot would be undeveloped at this time. Most of the lot is cleared, disposal is not required. Snow would be piled on the undeveloped protion of the lot. Scale is approximately 1" = 37tj" CITY OF KEN 4,- --F Gil Capital 4 y4 .. ,— 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b1tyyl �rr.em 1»2 Memorandum Date: September 25, 1997 To: Richard A. Ross, City Manager From: Kim Howard, Administrative Assistant RE: Lease Application - Salamatof Native Association, Inc. Lot 4, Block 1, Cook Inlet Industrial Air Park Attached is a lease application submitted by Salamatof Native Association, Inc. for the above referenced property. The desired length of the lease is five years. The property is located on Willow Street adjacent to Jackson's Automotive (which is privately owned) and shown on the attached map. The applicant intends to remodel the Jackson's Automotive building to accommodate a Head Start program and use Lot 4 for additional parking and a playground. The Planning and Zoning Commission reviewed the lease application at their September 24th meeting. The Commission determined the use complies with the zoning ordinance and comprehensive plan of the City, providing a conditional use permit is granted. The property is Airport Land. Prior to leasing the site an appraisal must be reviewed and approved by the Federal Aviation Administration. KKC 21.10.080 requires all leases to be approved by the City Council. If Council approves the lease application providing Salamatof Native Association, Inc. is granted a conditional use permit, an appraisal can be ordered. Cc: Salamatof Native Association, Inc. Attachment RAR / kh CITY OF KENAI 210 Fidalgo Ave., Kenai, Alaska 99611 283-7530 LEASE APPLICATION Name of Applicant Salamatof Native Association, :nc. XUR CITY F . 3, L; ONLY Date Received /.�/i -7 �«�dtear�e grid title! Address 150 North Willow (P. 0. Box 2682) Kenai, Alaska 99611 Business Name and Address Same Kenai Peninsula Borough Sales Tax No. 18080 (if applicable) State Business License No. (if applicable) 026584 Telephone 907 283-7864 /�C /c I Lot Description Lot 4/Cook Inlet Industrial Air Park Desired Length of Lease 5 Year Property to be used for additional parking and play around 001:-nf4 -#f A0 ell �l 1 S-tv�,CT S/C0rx'PM escription of Developments (type, construction, size, etc.) Paved parking, grassed play ground area, approved pre -constructed play ground equipment, chain link fence. Attach development plan to scale (1" - 50'), sho wing all buildings planned. scale is approximately 1" = 37�' Time Schedule for Proposed Development: Beginning Date Spring of 1998 to June 30, 1998 Proposed Completion Date Estimated Value of Construction $ $30,000 Date: Signed Date: Signed 1 r Description of Property CONDITIONS OF ACCEPTANCE (To be completed by the City) i Annual rent rate or cost Zoned for � �� XL. Permits required ,i- n ! / % . Assessments Insurance required Construction must b Completion date for major construction b� ,; �j , ;a, r �� C THIS APPLICATION WILL BE MADE A PART OF THE LEASE Plannin Commission �ppr al: By�� �� , Date of Approval Chairman City Council Approval: By: , City Clerk Date of Approval 4 CITY OF KENAI .. 0i 41"ww 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 kyotyl �r.ioan ,III�I Memorandum Date: September 26, 1997 To: Mayor and Council From: Richard A. Ross, City Manager RE: Proposed Lease with ESI Attached is the proposed lease to be signed with ESI for the fire structural/industrial site. There are still areas of technical language to be worked out prior to signing. The main areas of concern that involve commitments made by the City of Kenai are resolved. I request that you review the City's commitments which essentially are as follows: 1. A 30 year lease at $1.00 per year for approximately a one acre site which will have fire training props located on it. 2. The City will provide utilities to the site; ESI will extend utilities onto their site. 3. The City will provide hydrants (2) and hydrant maintenance and repairs. 4. The City will provide non -potable water for fire training purposes. Under this agreement, ESI will provide training to the Kenai Fire Department on a space available basis free of charge. We estimate that the financial outlay of the City in extending the utilities to the site will not exceed $55,000. The benefit provided by ESI in fire training is anticipated to exceed $5,000 per year in tuition costs alone. We request authority to offer this lease to ESI. Attachment RAR/kh NOTE: ATTACH EXHIBIT "A" LEASE This Lease, entered into this day of , 1997, by and between the CITY OF KENAI, City Hall, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska, 99611, a home -rule municipal corporation, (hereinafter the "City") and Engineering Support, Inc. a Maryland Corporation, 124 Industry Lane, Hunt Valley, MD 21030-1108 (hereinafter "Lessee"), is as follows: That in consideration of the mutual performance of the covenants herein described, the City hereby demises and leases to the Lessee and the Lessee hereby leases from the City the following described real property: Approximately a one acre site within a portion of Baron Park Subdivision, Fire Addition, (a resubdivision of Tract A-1 and A-2, Baron Park Subdivision No. 7), situated in the West half, Section 33, Township 6 North, Range 11 West, Seward Meridian, Kenai Recording District, State of Alaska The land described above, which is subject to the terms of this Lease, in the state in which it exists immediately prior to the execution of the Lease, shay' be referred to as the Leased Property and is indicated on the attached Exhibit i a draft site plan, made a part hereof by this reference. It is the intent of the parties that Lessee together with its employees, agents, and invitees, have full ingress and egress to the Property throughout the Lease term, and that Lessee be permitted to develop part or all of the Leased Property consistent with the uses described below. The improvements placed upon the Leased Property by Lessee shall be referred to as the Project. I. TERM The term of this lease is for thirty (30) years, commencing on the day of , 1997, through the day of , 2027. Lessee shall have an option to renew for an additional period of ten (10) years. Said option shall be exercised as provided in Article XIII. 4AWtjD)ai Subject to the terms of subsection (g) below, Rent for the Leased Property shall be payable as follows: A. Right of entry and occupancy is authorized as of the day of 1997, and the first rent shall be computed from such date. LEASE AGREEMENT - Page 1 of 13 Lessor: Lessee: B. The Annual Rent shall be as follows: One Dollar ($1.00) as long as the land is used for the purposes described in Article III. C. Annual Rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. Rent may be paid in advance on a less frequent basis. D. Annual Rent for any period of time which is less than one full year shall be One Dollar ($1.00). E. In addition to the Annual Rent, the Lessee shall pay to the appropriate taxing authority the following lawful levies, assessments and charges: 1. Taxes pertaining to the leasehold interest of Lessee not otherwise included in the calculation of taxes and assessments provided for in subparagraph (3) of this paragraph (e). 2. Any sales taxes levied upon the transfer of Annual Rent, based upon monthly payments whether rent is paid on a monthly or annual basis. 3. All ad valorem taxes and assessments levied upon the Leased Property by a governmental authority, as if Lessee was considered the legal owner of record of the Leased Property, provided, however, the utilities described in Article XXXI shall be upgraded and extended to the Leased Property at no cost to Lessee. Any subsequent assessments levied may be paid over time by Lessee when such terms are offered to other property owners in the assessment district. In the event this Lease is terminated or expires before such outstanding assessments are paid in full, Lessor shall assume responsibility for payment of amounts falling due after the expiration or termination of this Lease. F. Lessee shall have the right to contest or review any and all taxes, assessments or similar levies by legal proceedings or in such manner as Lessee in its reasoned opinion shall deem advisable, which proceedings or other steps taken by Lessee, if instituted, shall be conducted diligently at its own expense and free of expense to the City in its role as Lessor. No such contest shall defer or suspend Lessee's obligations to pay any sum provided for herein pending the contest if nonpayment would affect or impair the CitVs title to the Leased Property, but if by law it is necessary that such payment be suspended to preserve or perfect Lessee's contest, then the contest shall not be undertaken without there being first deposited in escrow a sum of money equal to the amount which is the subject of the contest, to be held as an indemnity fund to pay such amount upon conclusion of the contest. G. Payment of rent made by check, bank draft, or money order, shall LEASE AGREEMENT - Page 2 of 13 Lessor: Lessee: be made payable to the City of Kenai and delivered to the City Administration Building in Kenai, Alaska. III. USE OF THE PROPERTY A. Lessee may use the Leased Property for a fire industrial/ structural training school, or any use reasonably related thereto, or any combination thereof. If the Lessee ceases to use the leased premises for the above -described uses for a period of six (6) consecutive months, the City may declare Lessee in default and terminate the lease under the provisions of Article XVI. IV. CONSTRUCTION AND OWNERSHIP OF THE PROJECT A. Lessee shall commence construction of the Project as described below on or before , 1997. Lessee shall substantially complete construction on or before June 30, 1998. For the purposes of this Lease, substantial completion shall occur when Lessee's construction of the Project has been completed to such an extent and all governmental permits, approvals and conditional occupancy certificate(s) necessary have been obtained so that the Project may be opened for business, notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, the non -completion of which would not materially interfere with the opening of the Project for business. B. The Project will consist of one or more training props erected wholly within the boundary lines of the Leased Property. Following completion of construction and upon request, the Lessee will provide to the City a survey of th Leased Property, prepared by a licensed surveyor, showing the location of the Project in relation to the perimeter of the Leased Property. It is agreed that the Lessee may from time to time expand the Project to cover part or all of the Leased Property so long as the structures and improvements constructed by Lessee comply with the permitted uses of the Leased Property as described in Article III and the construction standards described in Article V of this Lease. C. It is the intent of the parties that the Project shall be a fire industrial/ structural training school or other facilities reasonably related thereto. It is also agreed that due to the length of the term of the Lease, structures and improvements on the Leased Property may from time to time require modification, repair, and reconstruction, including demolition and replacement. Accordingly, the Lessee shall have the right, without prior notice or approval of the City, to modify, re -construct, expand or replace portions of the Project, including exterior areas, so long as the work is consistent with the permitted uses of the Leased Property and the standards described in Article V below. D. Lessee shall own the Project, any subsequent modifications or expansions of the Project and any improvements it places on the Leased Property as such improvements are built. With the exception of fixtures, trade fixtures, improvements and personal property which Lessee may choose to remove upon LEASE AGREEMENT - Page 3 of 13 Lessor: Lessee: termination of this Lease at Lessee's own expense injury to the Leased Property resulting from such termination of this Lease, title to the Project, and expansions, and any fixtures then situated on the automatically to the City. V. CONSTRUCTION STANDARDS including the repair of any removal, upon expiration or subsequent modifications or Leased Property shall pass Buildings and improvements shall be constructed in a good and workmanlike manner. They shall be kept neat and presentable in a manner compatible with their use and surroundings. Buildings and improvements to the Leased Property shall be constructed and maintained in a manner consistent with all applicable laws, regulations and codes. Lessee shall obtain and keep in force all necessary permits for such construction. VI. CONDITION OF THE LAND Subject to the provisions of Article VII, the land described herein is leased by the City to Lessee without representation or warranty as to its fitness for any particular use. VII. HAZARDOUS MATERIAL A. If Lessee introduces or causes the introduction of hazardous material onto the Property, the presence of which results in contamination of the Leased Property, and such contamination gives rise to liability of the City for removal of the contamination, the Lessee shall indemnify, defend, and hold the City harmless for any and all claims, judgments, damages, costs, or losses, including, but not limited to reasonable attorneys', engineers' and consultants' fees, which arise during or after the term of this Lease to the extent such damages or liabilities are a direct result of such contamination. B. To the extent any hazardous the Property at the time of the execution defend, and hold the Lessee harmless damages, costs or losses, including, but engineers' and consultants' fees, which Lease to the extent such damages or 1 contamination. material or waste is present in or on of this Lease, the City will indemnify, for any and all claims, judgments, not limited to, reasonable attorneys', rise during or after the term of this abilities are a direct result of such C. As used herein, "hazardous material" means any hazardous or toxic substance as those terms are defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980 as amended 42 U.S.C. Section 9601, et Seq. (1980), and as those terms are defined in any applicable state or local laws or regulations and which is or becomes regulated by the State of Alaska or the federal government. D. The obligations described in this Article VII shall survive the termination of this Lease. LEASE AGREEMENT - Page 4 of 13 Lessor: Lessee: VIII. LIENS Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the Property for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents or contractors, in connection with work of any character performed or claimed to have been performed on the Property or improvements thereon, provided, however, Lessee shall have the right to provide a bond as contemplated by applicable law, or otherwise contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will promptly pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. IX. RIGHT OF INSPECTION The City shall have the right to inspect the Leased Property at all reasonable times during business hours of Lessee. These rights of entry shall be exercisable upon request made on reasonable advance notice to Lessee (except that no notice shall be required in the event of an emergency.) X. AIRCRAFT OPERATIONS A. The City reserves for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the Leased Property, together with the right to cause in said airspace such noise as may b inherent in the operation of aircraft used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When plans for improvements pursuant to Article IV are approved by the City, the City, to the extent of those improvements, shall release the easement here expressed.) B. The Lessee agrees that it will not erect or permit the erection of any structure of object, nor permit the growth of any trees on the Leased Property, which would be an airport obstruction within the standards of applicable Federal Aviation Administration regulations. XI. COMPLIANCE WITH LAW A. Lessee shall observe, obey and comply- with all applicable laws, ordinances, rules, and regulations of the federal, state, borough, or city government, or of any other public authority now or hereinafter affecting the Leased Property or any improvements thereto. B. Lessee agrees to hold the City financially harmless: 1. from the consequences of any violation of such laws, ordinances, and/or regulations by the Lessee; and LEASE AGREEMENT - Page 5 of 13 Lessor: Lessee: 2. from all claims for damages on account of injury, death, or property damage resulting from such violation by Lessee. C. Lessee agrees it will not permit any unlawful occupation, business, or trade to be conducted on the Leased Property or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning regulations, rules and ordinances, provided, however, that Lessor specifically agrees to support the lawful use of the Leased Property for the herein described purposes. XIII. NON-DISCRIMINATION The Lessee as a part of the consideration hereof, agrees as a covenant running with the land that: A. No person shall be excluded on the grounds of race, color, or national origin from participation in, denied benefits of, or be otherwise subjected to discrimination in the use of public facilities operated on the Leased Property; B. In the construction of any improvements on, over or under the Leased Property and the furnishing of services thereon, no person shall be excluded on the grounds of race, color or national origin from participation in, denied benefits of, or otherwise be subjected to discrimination; C. The Lessee shall use the Leased Property in compliance with the requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civii Rights Act of 1964 and as said regulations may be amended; D. In the event facilities are constructed, maintained, or otherwise operated on the Leased Property, the Lessee shall maintain or operate such facilities in compliance with all requirements imposed, pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. XIII. OPTION TO RENEW LEASE Lessee at its option may extend the term of this lease for an additional ten (10) years upon all the same terms and conditions as herein contained. On or before December 31, 2026, City shall give Lessee notice of its option to renew lease. Lessee shall exercise this option only by serving written notice thereof upon the City at least one (1) year before the expiration of the term and upon the service of said notice, this lease shall be extended upon all its terms and LEASE AGREEMENT - Page 6 of 13 Lessor: Lessee: conditions for the extended term without the necessity of the execution of any further instrument or document; provided, however, that if at either the date c" expiration of the original term of this lease or the date upon which lessee exercises such option of renewal, lessee is in default beyond any grace period herein provided in the performance of any of the terms or provisions of this lease. the extension of the term shall be and become null and void. XIV. INDEMNIFICATION AND INSURANCE A. Except to the extent caused by the negligent act or omission or culpable conduct of the City, Lessee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from any negligent or culpable act or omission by the Lessee, its agents or employees and which arises from or out of the Lessee's occupation or use of the Leased Property. This right to indemnity shall include reasonable costs and attorneys' fees incurred by the City in defense of such claims. This section shall not apply to indemnification for liabilities due to contamination by hazardous substances, the obligations for which are specifically described in Article VII. B. Lessee, at its own expense, shall keep in force during the term of this Lease, insurance in the following types and amounts: 1. Public liability insurance in common use for commercial structures covering the Leased Property and Lessee's use thereof against claims for personal injury, death, and property damage occurring upon, in or about the Leased Property, such insurance to afford protection to the combined single limit of not less than $1,000,000. 2. Workers' compensation insurance covering Lessee's employees in form and amounts in compliance with Alaska statute; C. All such policies shall name the City as Additional Insured. Lessee agrees that any insurance coverage furnished hereunder shall in no way limit its responsibility to indemnify the City as described in section (a) above. D. Lessee shall provide to the City Certificates of Insurance evidencing such coverage as attachments hereto. XV. SURRENDER AT TERMINATION A. Lessee shall, on the last day of the term of this Lease, quit and surrender the Leased Property, together with all improvements, as is, free and clear of occupancies, unless expressly permitted by the City in writing, and free and clear of all encumbrances and liens except those created by and for the City. B. Improvements owned by a Lessee, shall ,,vithin sixty (60) days after expiration, termination or cancellation of the Lease, be removed, provided that. in the opinion of the City, such removal will not cause injury or damage to the lands; and further, provided that the City may extend the time for removing such LEASE AGREEMENT - Page 7 of 13 Lessor: Lessee: improvements in cases where hardship is proven to its satisfaction; provided further, that application for extension has been made in writing and received within said sixty (60) day period. However, in the case of a cancellation or termination of the lease which is requested, ordered, or initiated by the City, the Lessee shall have six (6) months in which to remove improvements, provided such removal will not, in the opinion of the City, cause injury or damage to the land. The retiring Lessee may, with the consent of the City, sell his improvements to a succeeding tenant. C. If any improvements and/or chattels having an appraised value in excess of $25,000 as determined by the City, are not removed within the time allowed by Paragraph XV (b) of this Lease, such improvements and/or chattels may, upon due notice to the Lessee, be sold at public auction under the direction of the City. 1. The proceeds of the sale shall enure to the Lessee who owns such improvements and/or chattels, after deducting and paying to the City all rents or fees due and owing, and expenses incurred in making such sale. If there are no other bidders at such auction, the City is authorized to bid on such improvements and/or chattels an amount equal to the amount owed, or to become due to the City by the Lessee, or One Dollar ($1.00), whichever amount is greater. The City shall acquire all rights to such property, both legal and equitable, at such a sale. 2. Sale of property under this paragraph shall be conducted as follows. Notice of the sale of the property shall be given by posting a notice particularly describing the property, including the property's street address, if there is a street address for the property, not less than thirty (30) days before the day of sale in three public places, within five (5) miles of the place where the sale is to be held, and publishing a copy of the notice four times, once a week for four successive weeks in a newspaper of general circulation published nearest to the place of sale. Sale of property under this paragraph shall be made at auction between nine o'clock in the morning and four o'clock in the afternoon. 3. If, at the time appointed for the sale, the person conducting it considers it to the advantage of all concerned to postpone the sale for want of purchasers, or for sufficient cause, the sale may be postponed from time to time. Notice of every postponement shall be made by public proclamation and the person conducting the sale shall notify the City and ESI or their attorneys and designate a future day for the sale and give notice in the manner provided in C. 2. above. D. If any improvements and/or chattels having an appraised value of $25,000 or less, as determined by the City, are not removed within the time allowed by Paragraph XV (b) this Lease, such improvements and/or chattels shall enure to, and absolute title shall vest in, the City. LEASE AGREEMENT - Page 8 of 13 Lessor: Lessee: XVI. DEFAULT A. If Lessee shall fail to pay any part of the rent or other sum agreed to be paid hereunder on the date due, the City shall by written notice give Lessee thirty (30) days after receipt of such notice to cure such deficiency. If Lessee fails to cure the deficiency within this time, it shall be in default under the Lease. B. If Lessee fails in the observance or performance of any of its other covenants or obligations provided for in this Lease on Lessee's part to be observed or performed, the City shall by written notice give Lessee sixty (60) days after receipt of such notice to cure such deficiency. If Lessee fails to cure the deficiency within this time, it shall be in default under the Lease. Notwithstanding the above, if the deficiency is such that it is not reasonably capable of cure within sixty (60) days, Lessee shall not be in default so long as it begins work to cure the deficiency within the sixty (60) day period and diligently prosecutes such work in good faith to completion within a reasonable time. C. If the City fails in the observance or performance of any of its covenants or obligations provided for in this Lease on the City's part to be observed or performed, the Lessee shall by written notice give City sixty (60) days after receipt of such notice to cure such deficiency. If City fails to cure the deficiency within this time, it shall be in default under the Lease. Notwithstanding the above, if the deficiency is such that it is not reasonably capable of cure within sixty (60) days, City shall not be in default so long as it begins work to cure the deficiency within the sixty (60) day period and diligently prosecutes such work in good faith to completion within a reasonable time. D. At the expiration of the cure period(s) described above, the aggrieved party may give notice of its intent to terminate the Lease unless cure is effected within five (5) days thereafter and may proceed with any other rights or remedies it may have at law or equity. XVII. TITLE The City warrants that it has good and clear title to the Leased Property and that it has the right and capacity to transfer this leasehold interest to Lessee and that such leasehold interest is not subject to any, existing liens, mortgages, security interests or similar encumbrance. XVIII. NO PARTNERSHIP OR JOINT VENTURE CREATED It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the Leased Property; and it is agreed that the relationship between the parties is, and shall at all times remain, landlord and tenant. LEASE AGREEMENT - Page 9 of 13 Lessor: Lessee: =- PARTIAL INVALIDITY If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. XX. MODIFICATION AND AMENDMENT A. This Lease may not be modified or amended orally or in any manner except by an agreement in writing, signed by the parties or their successors in interest. �. SUCCESSORS IN INTEREST This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. XXII. CHOICE OF LAW This Lease and the respective rights and obligations of the parties hereunder shall be interpreted in all respects according to the laws of the state of Alaska. I=. NOTICES A. Any notice required to be given by the terms of this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the addresses set forth below. Any notice so mailed shall be deemed delivered on the date five (5) days after the date it is deposited in a U.S. general or branch post office. The addresses for notice to the parties may be changed by giving notice in writing of such change to all parties affected by the same means as described above, at least fifteen (15) days prior to the effective date of the change. B. Notices shall be sent to the following addresses: To Lessor: City of Kenai Office of the City Manager 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 To Lessee: Engineering Support, Inc. a subsidiary of AAI Corp. 124 Industry Lane Hunt Valley, MD 21030 LEASE AGREEMENT - Page 10 of 13 Lessor: Lessee: To Occupant: Director XMV. WAIVER The receipt of rent by the City with knowledge of any breach of the Lease by Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of a party to enforce any covenant or provision of this lease, nor any waiver of any right thereunder by a party, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the party to enforce the same in the event of subsequent breach or default. The receipt by City of any rent or any other sum of money after the termination of the term of this Lease or after the giving by the City of any notice to effect such termination shall not reinstate, continue or extend the term of this Lease or destroy or impair the efficacy of such notice of termination as may have been given thereunder by the City to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing by the City. XXV. ESTOPPEL CERTIFICATE - RECORDING A. Each party shall, at any time and from time to time as requested by the other party, upon not less than ten days prior written notice, execute acknowledge, and deliver to the other a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), certifying the dates to which the Rent and other charges, if any, have been paid, and stating whether or not, to the best knowledge of the signer, the other party is in default beyond any applicable grace periods provided herein in performance of any of its obligations under this Lease, and if so, specifying each such default of which the signer may have knowledge, it being intended that any such statement delivered pursuant hereto may be relied upon by others with whom the requesting party may be dealing. B. From time to time, at the request of the City, Lessee, at its expense, will record such documents, file such continuation statements, pay such fees, and comply with such laws and regulations as are necessary to preserve and protect the rights of the City as Lessor under this Lease. A memorandum of this Lease setting forth all easements shall be executed by the City and Lessee and recorded in the Kenai Recording District, Alaska. XXVI. FORCE MAJEURE If the City or Lessee is delayed, hindered, or prevented from performing any act required hereunder by reason of strikes. lockouts, labor troubles, LEASE AGREEMENT - Page 11 of 13 Lessor: Lessee: inability to procure materials, failure of power, earthquake, restrictive government laws or regulations, riots, insurrection, criminal act of a third party, war, contamination, the act, failure or default of the other party, or any other reason beyond its control, then performance of the act shall be excused for the period of the delay. In that event, the period for performance of an act shall be extended for a period equivalent to the period of the delay. 7XVII. VENUE This Lease shall be governed by, construed and enforced in accordance with the laws of the State of Alaska. Venue for any litigation between the parties arising from this Lease shall be in the State of Alaska, Third Judicial District, at Kenai. X=. INTERPRETATION This Lease embodies the entire agreement between the parties. ]=. AGREEMENT IN EFFECT This Lease shall be in effect as of the date it is executed by the authorized representatives of both parties. If the parties execute the Agreement on different dates, the effective date shall be the date the second party signs the Lease. I=. UTILITIES A. Electric service, natural gas or propane piping, non -potable training water piping, and training water effluent collection piping will be extended to the industrial/ structural site property perimeter by the City. Each utility will be sized to meet expected demand where possible. B. City of Kenai will provide two hydrants. hydrant maintenance and hydrant repairs for hydrants to be located on AAI/ESI's site. =CII. TRAINING OF KENAI FIRE DEPARTMENT PERSONNEL AAI /ESI will provide Fire industrial/ structural training to the Kenai Fire Department personnel at no charge on a class and space available basis. At a minimum ESI shall provide five training opportunities annually to the Kenai Fire Department. LEASE AGREEMENT - Page 12 of 13 Lessor: Lessee: IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI LM Richard A. Ross, City Manager LESSEE: ENGINEERING SUPPORT, INC. A SUBSIDIARY OF AAI CORPORATION Title STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that before me the undersigned Notary Public, on the day of , 1997, RICHARD A. ROSS, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing Lease Agreement for the municipal corporation name and in the capacity indicated in the execution thereof. STATE OF JUDICIAL DISTRICT NOTARY PUBLIC for State of Alaska My Commission Expires: ) ss. THIS IS TO CERTIFY that before me the undersigned Notary Public, on the day of , 1997, personally appeared , being personally known to me to be the acknowledged to me that he signed the foregoing Lease Agreement for and on behalf of the , for the uses and purposes therein mentioned. NOTARY PUBLIC for State of My Commission. Expires: LEASE AGREEMENT - Page 13 of 13 Lessor: Lessee: SEP-30-97 THU 15:40 KPFA FAX N0, 9072622898 UNITED FISHERMEN 211 Fourth Street, Suite 112 Juneau, Alaska 99801 907/586-2820 Fax: 907/463-2545 September 30, 1997 Honorable Mayor John Williams Kenai City Council Members City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams and Kenai City Council Members, United Fishermen of Alaska, UFA, is holding its annual Fall meeting in Kenai from October 17-20th. This meeting will bring to Kenai over 20 UFA delegates as well as Fish & Game officials, politicians and speakers from around the state. The City of Kenai's long history of support for the commercial fishing industry has always been appreciated on both the local and statewide Ievels and I am proud to have Kenai host this meeting that has traditionally occurred in Anchorage. A highlight of the meeting will be a seafood reception at the Kenai Senior Center on October 18th from 7:00-9:00 pm, Personal invitations will be sent out to representatives from local businesses, industry, political leaders and commercial fishermen. The reception will be an opportunity for individuals to meet the UFA Board of Directors. It will be catered, with seafood provided by fishing organizations from around the state. There will be no cost for the seafood reception and I estimate approximately 200 individuals will attend. I would like to offer the city of Kenai the opportunity to help sponsor this event for two very important reasons: 1) Kenai Peninsula Fishermen's Association, United Cook Inlet Drift Association, Cook Inlet Aquaculture Association and Salmon Producers Alliance have each contributed $500.00 to become sponsors of this event. It is our hope that a successful UFA fall meeting and reception will showcase Kenai as a city supportive of the seafood industry and quite capable of hosting other industry meetings and events. Our motivation is obviously to promote meetings closer to home while providing the added benefit of increased commerce to the city of Kenai. 2) The benefits of a diverse economy are apparent in Kenai. The UFA reception will help bring Kenai's various diverse industries together and foster better communication and cooperation. As a sponsor, the city of Kenai will help Promote this goal. MEMBEER.QFIGAMrZATIONS Alaska longline Maharmen's Asacclallon • Aleeks Trollers Association • 13118tol Bay DriOnetters Association - Concerned Area'W Fiahermen - Cook Inlet Aquaculture Association Cordova Disuici Fishermen United - Kenai Peninsula Flahermon'sAssoaallon - Kodiak Regional AquacultureAsaoelation - Kodiak Seaners Associalion • North Pacific Fisher"Aaeocialion Nalhcm Southeasl Regional Aquaculture Association - Northwest S&TWlers Association • Peninsula Marketing Association - Petersburg Vassal owner& Association Prince William Sound Aquaculture Corporation - Purse Seine Vesscl owners Association • Seafood Producors Cooperathro • Southeast Alaska Scincra Association Southcm Southeast Regional Aquacullure Association - United Cook Inlet DO Association - united Southeast Alaska Gillncltsm SEP-30-97 THU 15:39 KPFA FAX NO. 9072621998 P.01 United Fishermen of Alaska September 30, 1997 Page 2 of 2 It would gratifying to see the city of Kenai listed as a sponsor on the invitations. Your financial help in the amount of S400.00 would help ensure the success of UFA's fall meeting and reception. I appreciate your consideration in this matter. Sincerely, A/�y Karl Kircher UFA Public Relations Committee Chair TONY KNOWLt �r- / Q DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS MUNICIPAL & REGIONAL ASSISTANCE DIVISION 333 W. 4TH AVENUE, SUITE 220 ANCHORAGE, ALASKA 99501-2341 PHONE: (907) 269-4500 FAX.(907) 269.4539 0 P.O. BOX 112100 JUNEAU,ALASKA 99811-2100 PHONE: (907) 465-4750 FAX (907) 465-2948 O P.O. BOX348 BETHEL, ALASKA 99559-0348 PHONE: (907) 543-3475 FAX (907) 543-4152 O 209 FORTY MILEAVENUE FAIRBANKS, ALASKA 99701-3110 PHONE: (907) 452-7126 FAX (907) 451-7251 September 24, 1997 0 P.O. BOX 350 KOTZEBUE, ALASKA 99752-0350 PHONE: (907) 442-3696 FAX. (907) 442-2402 O P.O. BOX 790 DILLINGHAM, ALASKA 99576-0790 PHONE. (907) 842-5135 FAX (907) 842-5140 CERTIFIED/RETURN RECEIPT REQUESTED Z 257 496 755 The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Ave., Ste. 200 Kenai, AK 99611 Dear Mayor Williams: 13E: 1997 FULL VALUE DETERMINATION 0 P.O. BOX 1068 NOME, ALASKA 99762-1068 PHONE: (907) 443-5457 FAX (907) 443-2409 As required by AS 14.17.140 (Public Schools Foundation Program) and AS 29.60.010 (State equalization of tax resources for municipal services), the Department of Community and Regional Affairs has determined that, as of January 1, 1997, the full and true value of taxable real and personal property within your municipality is as follows: Real Property: $297,158,200 Personal Property: $ 90,313,800 State Assessed Property (AS 43.56): $ 5,153,590 TOTAL: $392,625,590 This full value determination may be appealed administratively by you within thirty (30) days of receipt of this notice under the provisions of 19 AAC 30.092. In addition, AS 14.17.140 also allows for judicial review of the determination. If you have any questions concerning our full value determination for 1997, please contact our office at 269-4605. Sincerely, Sieve `I/" Saet Steve Van Sant State Assessor .;c: Kenai Peninsula Borough School District Superintendent Commissioner of Education 21-P4LH CITY OF KENAI :' /-/ G� 4124-. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ,III�I 1"2 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai %i DATE: September 24, 1997 RE: ANNUAL HOLIDAY PARTY It's that time of the year again when we begin planning for the annual holiday party which the council graciously provides to City of Kenai employees to thank them for their effort and dedication for the past year. For the past number of years, the party has been held at the Senior Center and catered. In checking, I have been advised the Center would be available on the following dates in December and January: DECEMBER Friday, December 5 Friday, December 12 Saturday, December 13 Friday, December 19 Saturday, December 20 Friday, December 26 Saturday, December 27 JANUARY Friday, January 2 Saturday, January 3 Friday, January 9 Saturday, January 1 C Friday, January 16 Saturday, January 17 Friday, January 30 Saturday, January 31 DOES COUNCIL WISH TO HOLD THE ANNUAL HOLIDAY PARTY AT THE SENIOR CENTER? ON WHAT DATE DO YO U WISH TO HOLD THE PARTY? clf OCTOBER 1. 1997 CITY COUNCIL MEETING PUBLIC WORKS DIRECTOR REPORT V City Auction is scheduled for this Saturday, October 4, 1997 starting at 10:30 AM. Inspection of items is Friday, October 3 from 10:00 AM to 4:30 PM. Blakeley's Auction Company is handling the auction. V The STIP Meeting with DOT has been changed to Thursday October 9, 1997 at 8:30 AM at Kenai City Council Chambers with DOT, Admin., Mayor, and Council. (was scheduled Oct. 8) v/Mission Street Project- DOT has awarded this project to Peninsula Construction. They have been given the Notice to Proceed. The contractor plans on completing the underground this year which includes the water and ewer, excavation, and backfill. and city had a surprise OSHA inspection. The two inspectors were very favorably impressed with our facilities. They inspected the shop, lube area, warm storage buildings # 1 & # 2, and the crew building. They only cited us with 3 minor violations with no fines. They told me that it is highly unusual for such a facility not to have fineable citations. All of the items were corrected. (Sander/grinder missing ground, 2 electrical panels missing circuit breakers, portable gas can that was plastic.) is y I received a written response to my letter about the pole that is down at Bridge Access and K-Beach. DOT said this was the third time it was knocked down and felt it would be irresponsible to put it back up in the same spot. They have been waiting for funds to move. Should be installed by the end of this week. KENAI CITY COUNCIL MEETING October 1, 1997 INFORMATION ITEMS 1. 9/ 10/97 Council Meeting Work Session "To Do" List. 2. 9/ 17/97 Council Meeting "To Do" List. 3. 9/24/97 RR letter to Senator Stevens updating him of Kenai River bluff erosion and navigation issues. KENAI CITY COUNCIL WORK SESSION 9/10/97 - GOALS & OBJECTIVES "TO DO" LIST ADMIN - Examine Council's comments and comment on them, including status such as "in process" or "on list for future," etc. Research and provide Council with a price for improving Wildwood Drive, including lights and sidewalks. Prepare a report for the legislators regarding the dip net issue to include such data as how many permits have been issued, how many dip net permits are issued, traffic counts, how many people launch from the dock specifically for dip net fishing, and extra pressure on the community in dealing with this issue. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 1997 "TO DO" LIST Admin - See if United Way is in the current budget. See if the Library wants the box of books from the Airport (instead of putting them in the auction). Provide Administration's opinion on increasing the room deposit for smokers at Vintage Pointe Manor by October 15 meeting. Prepare a report of the estimated cost of dealing with the "Year 2000" problem in computerized equipment. Research ideas for changing the paid parking situation at the Airport, including enforcing parking restrictions more evenly throughout the City. Clerk - Advertise joint work session with P8&Z regarding land usage on 10/8/97 after P&Z meeting. CITY OF KENAIoat It c9d '" 0i 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 an IIII'� 112 September 24, 1997 The Honorable Ted Stevens Senator, State of Alaska 522 Hart Building Washington, D.C. 20510 Dear Senator Stevens: This letter is to update your office on the Kenai River bluff erosion and navigation issues. Senator John Torgerson has graciously offered to hand carry this letter, as well as bringing these issues to your attention. The City of Kenai is presently gathering information, from as many sources as possible, on erosion and navigation projects. It is our goal to gain information on methodologies used as well as funding sources. We will also be submitting a limited test project for State grant funding if the regulatory agencies approve the project design and location for implementation. If approved, the local match will be provided by the City. This project is verb- limited in scope and applicable to only a small area in the tidal zone off the river front. Even if successful, it may not apply to the bluff erosion problems being experienced in most areas where bluff and river bank are contiguous. The U.S. Army Corps of Engineers finished its Reconnaissance Report which was underway when we last discussed these issues with your office. Attached is a copy of that report. As a result of the Reconnaissance study, the Corps has recommended developing additional studies. They- estimate this would cost approximately $500,000, and propose half ($250,000) of this come from local sources. The City of Kenai has participated financially in studies in the past. These studies were never acted on by the Corps, though significant local funds were The Honorable Ted Stevens September 24, 1997 Page 2 invested in them. We would request that these previous studies be considered as the local match, or "sponsor's share," and that the Corps of Engineers fully fund their current studies recommendations. We appreciate the time you and your staff have already given to this matter. Any assistance that you can provide in getting the Corps of Engineers to proceed with its present study plans will be helpful. Sincerely, CITY OF KENAI 66, 'c ar oR ss City Manager Enclosure RAR/kh MAYOR'S REPORT OCTOBER 1, 1997 REGULAR COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: B-1, Tom Osland - Letter in support of proposed Kenai Ice Facility. CLERK REPLACE: H-1 with H-1 / REVISED FINANCE DIRECTOR ADD TO: H-5 - United Fishermen of Alaska 9/30/97 letter requesting $400 sponsorship donation for their annual fall meeting seafood reception. CLERK No Changes CONSENT AGENDA MAYOR'S REPORT 1791-1991 CITY OF KENAI . W Capdal q Aarska F,kX TO FROM 210 Fidalgo, Suite 200 Kimi,-Alaska 99611-7794 Phone 907-283-7535 ��/j y Fax 907-293-3014 Date % l.26 l c?-7 Number of Pages 8 ■ 1791-1991 C= OF KENAI . "oil Cgda( o� Qzka" TO FROM C;DI �Pe, �ceaafi4�'� 7 210 Fidalgo, Suite 200 Keaai,.Alaska 99611-7794 Phone 907-283-7535 Fax 907-283-3014 Date ? / 026 / Number of Pages -? AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 1, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Kenal.net/city B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Tom Osland - Kenai Peninsula Hockey Association/Multi-Use Recreational Facility. C. PUBLIC HEARINGS 1. Resolution No. 97-69 - Awarding the Remainder of the Contract to Symtron Systems , Inc. for ARFF Simulators in the Amount of $2,373,000, Subject to FAA Funding. 2. Resolution No. 97-70 - Transferring $5,000 in the Capital Project Fund Titled "Kenai ARFF Project" for Administrative Costs. 3. Resolution No. 97-71 - Approving a Contract for Professional Services to Kent & Sullivan, Inc. for the Project Entitled, "Kenai Maintenance Shop Work Plan" for the Not -To -Exceed Amount of $9,700. 4. Resolution No. 97-72 - Removing the Position of City Manager From Participation in the Public Employees Retirement System. Additional information can be found at http:/ /www.Kenai.net/city. The public is invited to attend and participate. Carol L. Freas City Clerk COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor and Council Attorney Fire Department City Manager Police Department Finance ✓ Senior Center ✓ Public Works Library Airport Parks & Rec. Engineer ✓ Clerk Woodford Springer Kebschull Kim ✓ Clarion '-11, AGENDA DISTRIBUTION Commissions STP Airport Public Wks. Sec. Aging Public Wks. Shop Library Bldg. Maintenance Harbor(KW) Bldg. Official Pks & Rec. Streets P&Z Dock Beautification STP Historic District Bd Official Bulletin Board Fax Assemblymembers Betty Miller, BP KSRM (Attn: Dan Meeks) Jon Little (Daily News/Soldotna) KBBI (Homer) Bill Iles, HEA Kenai Chamber of Commerce KVCC EDD Joan McCoy, ARCO Don Hunter, (Daily News/Anchorage) DELIVER Council Packets to Police Department Dispatch desk. The Clarion picks their packet usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m. Home Page documents (agenda, resolutions and ordinances for public hearing) are faxed to Ed Sipple on Friday afternoon.