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HomeMy WebLinkAbout1997-09-03 Council PacketKenai City Council Meeting September Packet 3, 1997 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. -1- 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. 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- 5. 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. 10. Discussion - Kenai Golf Course Lots/Multi-Purpose Recreational Shelter. - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- No changes No Changes MAYOR'S REPORT SEPTEMBER 3, 1997 REGULAR COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: CONSENT AGENDA MAYOR'S REPORT COUNCIL MEETING OF PAGE OF / M 8 V MOORE MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER /7& -Gl M s v MOORE MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER M 8 V MOORE MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER I M S V MOORE MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER / 8 V MOORE MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER M 8 V MOORE MEASLES BANNOCK SMALLEY WILLIAMS BOOKEY SWARNER 61-1 Suggested by: Administratioi City of Kenai ORDINANCE NO. 1758-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,000 IN THE GENERAL FUND FOR A PUBLIC LIBRARY ASSISTANCE GRANT. WHEREAS, the City has received a Public Library Assistance Grant from the State of Alaska; and WHEREAS, this grant can be used to purchase books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library Grant $7,000 Increase Appropriations: Library - Books $7,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3nd day of September, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: 2k (8/15/97) kl August 20, 1997 September 3, 1997 September 3, 1997 Suggested by: City of Kenai ORDINANCE NO. 1759-97 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY A NET AMOUNT OF $7,145 IN THREE SENIOR CITIZEN FUNDS. WHEREAS, at the time the City budget was approved by Council, the grant awards for the Council on Aging Title III fund, the Kenai Peninsula Borough Senior Citizens fund, and the Senior Employment Title V fund, had not been approved. The City budget reflects the amount that we requested in the grant proposals. Since that time, grant awards have been approved by the State of Alaska, the Kenai Peninsula Borough, and the United Way; and WHEREAS, the Council on Aging Title III revised budget is $6,786 more than the original budget, the Kenai Peninsula Borough Senior Citizens revised budget is $893 more than the original budget, and the Senior Employment Title V budget is $534 less than the original budget; and WHEREAS, this budget will provide for an increase in work hours and benefits for the Activity Coordinator. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases (decreases) be made in the following funds: Council on Aging - Title III Fund Estimated Revenues: State Grant USDA Cash In -Kind Rent Meal Donations Appropriations: Access - Rentals $ 3,566 92 <1,000> 4,128 6,786 $ <499> Ordinance No. 1759-97 Page Two Congregate Meals - Operating Supplies 3,899 Congregate Meals - Rentals <500> 3,399 Home Meals - Operating Supplies 731 Transportation - Operating Supplies 3,155 Total 6,786 Kenai Peninsula Borough Senior Citizens Fund Estimated Revenues: United Way Grant $<1,461> Rents and Leases 258 Miscellaneous Donations <904> Senior Connection Donation 3,000 Appropriations: Salaries $ 2,739 Leave <32> Medicare 40 PERS 82 ESC - 13 Workers Comp 9 Health 5,700 Supplemental Retirement 110 Operating Supplies <4,868> Small Tools <500> Software <200> Professional Services <500> Printing and Binding 500 Dues and Publications <80> Miscellaneous <300> Machinery and Equipment <1,820> $ 893 Ordinance No. 1759-97 Page Three Senior Employment Fund Estimated Revenues: State Grant <534> Appropriations: Salaries $ <668> Medicare <10> Social Security <41> ESC <3> Workers Comp <12> Professional Services 200 Total <534> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: 44 (8/15/97) kl August 20, 1997 September 3, 1997 September 3, 1997 �' 3 Suggested by: AdministraLlon City of Kenai ORDINANCE NO. 1762-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $36,000 IN THE TAXIWAY EXTENSION NORTH CAPITAL PROJECTS FUND. WHEREAS, the City has a contract with Cook Inlet Construction to extend the Airport Taxiway C; and WHEREAS, this project is funded primarily by an FAA grant; and WHEREAS, the FAA has requested that the City make a change order to the project to overlay three-quarter mile of service roads at the north end of the runway; and WHEREAS, the FAA has agreed to pay the full cost of the change order and associated engineering costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Taxiway Extension North Ca ital Projects Fund Increase Estimated Revenues: Federal Grant $36.000 Increase Appropriations: Construction $34,000 Engineering 000 $3LM PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: (8/29/97) kl September 3, 1997 September 3, 1997 September 3, 1997 Suggested by: Administra C - 4- CITY OF KENAI RESOLUTION 97-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, Morrison Maierle, Inc.'s estimate dated August 21, 1997, has been reviewed by the city; and WHEREAS, this contract amendment will provide the bidding, construction management, and onsite inspection services for the construction phase of the project; and WHEREAS, sufficient funds have been appropriated to award this project; and WHEREAS, the recommendation of the City Administration is to award this amendment to Morrison Maierle, Inc.'s contract; and WHEREAS, the award of this amendment is contingent upon FAA approval and funding; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract with Morrison Maierle, Inc. for the Alaska Regional Fire Training Center Project be amended to include the professional services for the construction phase for the not -to -exceed amount of $510,000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3ro day of September, 1997. ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kw/8/97 JOHN J. WILLIAMS, MAYOR 08/21/97 17:58 MM/CSSA-HLN - 907 283 3014 NO.087 W1 MnR R T cnN_M a YV 1D T .F Two Engineers -Planners -Surveyors P.O. Box 6147, 910 Helena Avenue Helena, MT 59604-6147 Phone (406) 442-3050 Fax (406) 442-7862 EM TO: JACK LASHOT CITY ENGINEER CITY OF KENAI FAX: 907-283-3014 FROM: TIM ORTHMEYER Attached is a fee estimate for the Bidding wW Construction Management Phase of the Training Center Project. The estimated fee is $ 510,000. Lrd Tim Orthmeyer CC: KENAM l6*L f AX 08i21i97 17:59 MMiCSSA-HLN - 907 283 3014 NO.087 PHASE III - CONSTRUCTION MANAGEMENT MORRISON - M.AIERLE, INC. SUMMARY ON#ROPOSED COSTS M r- PROJECT: ALASKA REGIONAL FIRE TRAINING CENTER, KENAI ALASKrR PROJECT NO: 2949.001.03-050-0113 PAGE 1 OF 2 PAGES -atsaaesamae.ssaaaasassaassaaseRssaaaaae�a�a.� DATE: 08/21/97 -scram_-�oes�x�a.sesaasaasaa_= MAJOR WORK ITEM ADMIN PROJ M R ENGR REPO DRAFT SURVEY REPRO Admi THO TOTAL Assit JRS LABOR CONSTRUCTION MANAGEMENT PHASE I. Assist in Bidding Process 120 24 0 s0 1. Assist in Rebidding Process 120 24 16 8 166 $11,208 2. Prebid Meeting 48 24 6 3. Update DBE Program 4 48 $3,662 5. Bid Opening/Bid Tab 4 4 S305 S. DBE Compliance a 4 8 $421 6. Notice of Award 4 16 4 12 $727 7. Payroll Review 24 20 S1,562 8, Pnaonsbuction Conf. 24 24 48 $2,528 9. Periodic Cost Estimates (14) 40 24 $1,831 10. Construction Observation (9 mo.) 16T0 40 80 $4.214 11. Contract Admin & Accounting 8 700 1620 $101.338 12. Final Inspection 24 8 24 732 $54,781 I& As Constructed Drawings 18 24 40 32 $2,331 14. Final Engineering Report 8 24 24 32 80 S4� 40 128 s8,e60 0 so 0 $0 0 $0 0 so 0 so 0 so 0 $0 TOTAL 20 ass..sa.s ::: 1,172 72 t,B84 40 0 40 152 3,004 195,969 aexaaaoas �aaaasas ��-.a�asaaasasaae= SUMMARY OF ESTIMATED LABOR COSTS HOURS RATE DIRECT LABOR TOTAL RATE TOTAL LABOR Administrative Project Manager 20 1,172 S30.130 $26.83 S800.00 $85.30 $1.706.03 Engineer 72 S31,444.76 $76.29 $49.28 58 $$3.547.86 Project Representative Draftsman 1.684 $22.00 322.00 3 .048.00 s37,048.00 562.55 ti3Ji47.86 $105,341.75 Survey (2 person) 40 0 $13.t10 $35 00 $520.00 $36.96 $1.478.58 Reproduction CNrkai 40 $14.03 $301.20 $99.62 $1,5$0.00 152 $10.22 S1,553.44 $29.08 $4A17.03 TOTAL LABOR aaoaa=eaaa —�� 3,160 sas:aaasaavasaa..w..M.. $72,975.16 $207,496.52 ....a.aos..araaaaarzaa.amao�oraaaa.assa�� asz 08i21i97 17:59 MM/CSSA—HLN 4 907 283 3014 NO.087 903 PROJECT: ALASKA REGIONAL FIRE TRAINING CENTER. KENAI Al ASKA PAGE 2 OF 2 PAGES DATE: 08r"W ssssssaa--;max------s:sx� xes - szassa mssssas sx■sssa asp++----s asap =-sasss axssr_- cxss ■■assrs zar TRAVEL AND SUBSISTENCE QUANTITY RATE COST Auto Lease (per month) 10 $1,080.00 $10.800.00 Gas for Auto (per month) 10 $80.00 S800.00 Airfare 18 $1.200.00 $21.600.00 ROOM: Nights 48 $160.00 $7,200.00 Moak: Days 48 $60.00 $4400.00 Auto Rental: days 20 $70.00 $1.400.00 Per Diem (per month) 10 $400.0p Lodging for RPR (per month) 10 stboo.oa .000.00 8 $ll;.000.00 TOTAL TRAVEL AND SUBSISTENCE $48.200 00 wannnazzmaus ..d....r■■� OTHER DIRECT COSTS QUANTITY RATE COST Blue Lire Prints 0 Sq. Ff. $0.10 i0.00 Photocopies 120.000 Cop" 0.10 12.000.00 MY!" 20 Multifith Paper 0 Each 6.00 Reams 4.00 120.00 Telephonafau 0.00 Postage 40.00 Computer 4o.oa Equipment Rental 2,452.00 5200 Maps, Photos, Etc. 120M Other ( shipping of personal items for RPR) 1.000.00 TOTAL OTHER DIRECT COSTS $18 523.00 ■a■■■■■■■z= ■ -■Osaaa ■ amass■■■a se= iC..TiS■ a■■■a■_ OUTSIDE SERVICES AND SUBCONTRACTS WNm. J. Nelson 8 Assoc. S46,868.00 Kluge and Associates $151,961.00 Radlant Engineering $21,810.00 Bruce Mattson $2,400.00 Coffman Engineering $4,800.00 Subcontractor Management Fee (5%) $9.941.45 TOTAL OUTSIDE SUBCONTRACTS Y $237,790.46 xxsssassxas�z=xxszsx�xxsxaas sss�� sas■■■s xoass■sss s�7Csx-s ssasxx�_sss sxxxz=a= ssaarsx r_s■sa: o�isa■a■s FEE SUMMARY Payroll Taxes and Benefits 50.46 % of Total Labor Cs,*U Total Estimated Labor Fringe Applied $72,975 36,823 3+11*0tal 109,798 Overhead 64.33 % of Total Payroll Costs Overhead Applied 70,633 TOTAL LABOR AND OVERH 180.431 Travel and Subsistence 48,200 Other Direct Costs 16.323 Outsice Services 237,780 TOTAL EXPENSES 302.503 TOTAL COSTS 482,935 FEE PERCENTAGE 15 % Asa Peroent of Tetat Labor and Overhead 27,065 TOTAL ENGINEERING FEE $510.000 KENAIIDES-FEE.WQ2 �C■■■iaaG C-5 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 96-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING 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. WHEREAS, Symtron Systems, Inc. proposal was received July 29, 1997; and WHEREAS, the recommendation from the City Engineer, and Airport Manager is to award this Amendment to Symtron Systems, Inc. for the total cost of $687,000.00; and WHEREAS, award of this project is contingent upon FAA approval and funding; and WHEREAS, funds have been appropriated to award this Amendment; and WHEREAS, the Council of the City of Kenai has determined that Symtron System Inc.'s proposal would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the amendment -to Symtron Systems, Inc.'s contract for reimbursement for long lead time items and associated engineering and administrative costs be awarded for the total amount of $687,000.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3.d day of September, 1997. ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kw/8/97 JOHN J. WILLIAMS, MAYOR CITY OF KENAI Od CCIf.2-4W 4 4144,14a 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 op 1'II'1 ": July 31, 1997 VIA FAX: 271-2851 Jim Perham, Engineer Airports Division, Alaska Region Planning Branch Federal Aviation Administration 222 W. 7' Avenue, Box 14 Anchorage, AK 99513-7587 Re: Symtron Systems, Inc. Amendment No. 2 to Contract Dear Jim: Attached is a fax from Symtron to the City outlining long lead time items they would like to get ordered or started to construct. The $687,000 represents costs for the long lead time items and associated engineering and administrative costs. ; n talking with Debbie Roth, she said the City could incur these costs — up to the amount of $700,000 which represents current entitlement monies in the project that could be reimbursed by this grant. Our request is for you to review this amendment and confirm in writing that this cost of $687,000 is reimbursable. We would like FAA's written response by Tuesday, August 5'hso it can be submitted with an ordinance to the City Council appropriating the $687,000 from the Airport Land System Fund. Sincerely, W Airport Manager Attachment cc: Richard A. Ross, City Manager Larry Semmens, Finance Director Aack La Shot, City Engineer CITY OF KENAI it Od 0-,� aj 4&d4a 11 210 FiDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - _ FAX 907-283-3014 an ''IIII July 31, 1997 Symtron Systems, Inc. Attn: James W. Hanson, V.P. and General Manager 17-01 Pollitt Drive Fair Lawn, N. J. 07410 Re: Amendment No. 2 to the Contract Dated January, 1997 Dear Mr. Hanson: We are in receipt of your Amendment No. 2 for long lead items to the contract dated January 1997 for Propane Fueled ARFF Simulators for the Alaska Regional Fire Training Center. The Kenai Municipal Code requires an appropriation ordinance on contracts or amendments to contracts that obligate the City for payments on issued contracts. I am pleased to inform you that an appropriation ordinance will be introduced at the Kenai City Council meeting on August 6, 1997. r urther, the Council will vote on the ordinance at the August 20, 1997 Council meeting. We anticipate the passage of the ordinance and authorization to sign the Amendment to the Contract. The ARFF project is important to the City of Kenai. We look forward to a long and successful working relationship with your firm. Sincerely, CITY OF KENAI Rand rnst Airport Manager 7-29-1997 2:1SPM FROM SYMTRON SYSTEMS INC 201 703 9030 am SYMTRON� SYSTEMS inc. 29 July 1997 Refer To: 656-CL-97-271 The City of Kenai, Alaska 210 Fidalgo Street Kenai, Alaska 99611 Attention: Mr. Randy Ernst, Airport Manager 17.01 POLLITT DRIVE FAIR LAWN, NJ 07410 TELEPHONE:201/794.0200 FAX: 201 /703.9031 Subject: Contract between Symtron Systems and the City of Kenai for Propane Fueled ARFF Simulators for the Alaska Regional Fire Training Center Enclosure: (1) Amendment No. 2 to Contract dated January 1997 Propane Fueled ARFF for the Alaska Regional Fire Training Center Gentlemen, Symtron Systems is forwarding Amendment No. 2 to the Contract for the Alaska Regional Fire Training Center allowing the use of FAA entitlement money due the Kenai Airport for use in procuring long lead items necessary for the subject project. We ask that this Amendment be fully executed and returned to us for our records. Should you have any questions in this regard or need further information, please do not hesitate to contact the undersigned at (201) 794-0200, Ext. 237. Very truly yours, Symtron Systems, Inc. �� Carole A. Lennon Contracts Administrator 7-29-1997 2:1SPM FROM SYMTRON SYSTEMS INC 201 703 9030 P_2 Our AMENDMENT NO. 2 TO THE CONTRACT DATED JANUARY, 1997 for PROPAND FUELED ARFF SIMULATORS FOR THE ALASKA REGIONAL FM TRAINING CENTER between THE CITY OF KENAI, ALASKA AND SYMTRON SYSTEMS, INC. Be it hereby mutually agreed upon by the Owner, the City of Kenai, Alaska and the Contractor, Symtron Systems, Inc. in furtherance of the City of Kenai Resolution No. 96- 92, dated 18 December 1996, that Symtron is hereby authorized to proceed in the amount of $687,000 (Six Hundred Eighty Seven Thousand Dollars) with Schedules i I and III of the Contract for the purchase of long lead items and furnishing of the Engineering Services necessary for their release for the Fuel Spill Bum Area and Specialised Aircraft Fire Trainer for the City of Kenai ARFF Project. Except as indicated herein, the contract remains unchanged and there is no increase to the Contract Schedule amounts. The parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective dated indicated below: OWNER: City of Kenai By: Name: Richard A. Ross Title: City Manager Date: CONTRACTOR: Synitron Systems, Inc. By: Name: Carole A_ Lennon .Citle: Contracts Administrator Date: 29 .luly 1997 7-29-1997 4:2EPM FROM SYMTRON SYSTEMS INC 201 794 OSGi P. 2 SYMTf ZON � SYSTEMS inc. 29 July 1997 Refer To: 656-JWH-97-172 The City of Kenai, Alaska 2101+idalgo Street Kenai, Alaska 99611 Attention: Mr. Randy Ernst, Airport Manager 17-01 PpLUTT DRNE FAIR LAWN, NJ 07410 TELEPHONE: 201 r7940200 FAX: 2=194-mi Subject: Contract between Symtron Systems and the City of Kenai for Propane Fueled ARFF Simulators for the Alaska Regional Fire Training Center Reference: Symtron letter 656-CL-97-271 Enclosure: Listing of planned Long Lead Itemss Dear Mr. Ernst: Symtron Systems is forwarding a listing of long lead items in support of Amendment No. 2 to the Contract for the Alaska Regional Fire Training Center. This list consists of Aircraft Mockups, Fireplace Mockups and associated equipment. Should you have any questions in this regard or need further information, please do not hesitate to contact the undersigned at (201) 794-0200, Ext. 250. Very truly yours, Symtron Systems, Inc. W. Hanson VI esident an neral Manager 7-29-1997 4:28PM FRU-i SYMTRON SYSTEMS INC 201 794 0SSi P. 3 ou City of Kenai ARFF Lone Lead Items Description SAFT Mock-up Stairs Seat Mock-up Assy (Pass Star) Seat Mock-up Assy (Pass Port) Seat,Active Wheel/Brake Mock-up Engine Fireplace Mock-up Tail Engine Mock-up Cockpit Mock-up Seat Frame Weldment Yoke Overhead Panel Galley MocK-up Description Galley Panel Aft Galley Panel Aft Lavatory Mock-up Sumer Head, Dual Fuel Spill Passive Mockup Stub for FSAC Mockup Grated Floor for FSAC Mockup Burner Element Assemblies Manifold Left Manifold Right Weldment,Liquid Manifold Assemblies Sumer Cover Parts KENAI AIRPORT COMMISSIOP AUGUST 14, 1997 Kenai City Council Chambers Tom Thibodeau, Chairman ***AGENDA*** ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - July 10, 1997 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5• OLD BUSINESS a. Crack -Sealing and Painting of Runway and Taxiway b. Airport Master Plan ITEM 6: NEW BUSINESS a. Tour New Taxiway Construction ITEM 7: AIRPORT MANAGER'S REPORT a. July Enplanement Report ITEM 8: COMMISSIONER COMMENTS AND OUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agenda (7/ 16/97) ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION August 14, 1997 - 7:00 P.M. Kenai City Hall Council Chambers Chairman Thomas Thibodeau *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Chairman Thibodeau called the meeting to order at approximately 7:05 p.m. Members Present: Ron Holloway, Henry Knackstedt, Barb Edwards, Bonnie Koerber, Thomas Thibodeau, James Bielefeld (arrived at 7:10) Members Absent: Sandra Hudson Also Present: Airport Manager Randy Ernst, Assistant Airport Manager Keith Holland, Councilman Raymond Measles, Contract Secretary Barb Roper 2. AGENDA APPROVAL HOLLOWAY MOVED FOR APPROVAL OF THE AGENDA. MOTION SECONDED BY KNACKSTEDT. AGENDA WAS APPROVED UNANIMOUSLY. 3. APPROVAL OF MINUTES KOERBER MOVED TO APPROVE THE MINUTES OF JULY 10, 1997. MOTION WAS SECONDED BY KNACKSTEDT. NOTING NO CORRECTIONS THE MINUTES OF JULY 10, 1997 WERE APPROVED UNANIMOUSLY. 4. PERSONS SCHEDULED TO BE HEARD - NONE 5. OLD BUSINESS a. Crack -Sealing and Painting of Runway and Taxiway Ernst stated that the crack -sealing and painting project bids were opened today and there were two. Ernst indicated there was a basic bid which included the runway and taxiways, Alternate A included the ramp, Alternate B and C included the painting. Ernst stated the contractors that bid were North Star Contractors and Kodiak Enterprises, both from Anchorage. The intention is to award the contract to North Star Contractors who came in for a total $159,659.00 (the project was budgeted at $159,000.00). Kodiak Enterprises came in at $377,304.00, which is $217,646 more than the lowest bidder. Airport Commission Meeting Minutes August 14, 1997 Page 1 Councilman Measles asked if Kodiak Enterprises understood what they were supposed do. Ernst indicated that both contractors toured the airport and he would have to say that North Star probably knew more about crack -sealing but both contractors have performed the work before. Knackstedt asked who performed the work here previously. Ernst and Holland indicated that Anchorage Enterprises did the work approximately three years ago and that bid came in around $110,000.00. b. Airport Master Plan Ernst stated they were still taking comments although none had been received yet. He further stated there were some corrections to the financials. Ernst indicated that the final draft form will be given to the Commissioners at the next meeting for their review and recommendation to Council. The Plan, the Commission's recommendation, and resolution accepting the Plan, will be presented to Council at their September 17 meeting. Edwards asked if the dates that were sent out to the airlines for the crack -sealing project were firm. Ernst indicated they were but it depended on the weather. Edwards indicated that they have a problem when it goes down to 3700 feet; legally they cannot land on that. Ernst stated that was why they attempted to give enough lead time and that they will try to hold it to a minimum by starting at the half -way point of the runway and work as quickly as possible and as it goes the threshold will be moved. Ernst pointed out that there is the possibility that the day may be lost to the airlines but that would just be from 7 to 7, the rest of the time is open. Edwards stated that she may need to change her numbers in the event she can use another aircraft to minimize the load. Edwards stated that she had already scheduled those two days and was concerned it may not be those days. Ernst stated that the dates are firm unless it rains and it is their intent to get on and get off as quickly as possible. Ernst also stated that there is the possibility that the painting may be postponed until next spring but they have to check with the FAA as it is an inspection item. Ernst indicated that they may not have a problem with it if they know a contract has been awarded for the work. Ernst stated, the best time to do crack -sealing is in the fall. However, if it is painted and then it snows, the life of the paint is shorter. C. ARFF Ernst reported the bid opening for the fire training center was extended to August 19. After review of the bids, Administration will request a special council meeting be held at which funds will be appropriated and Airport Commission Meeting Minutes August 14, 1997 Page 2 the award made. Ernst added, the bids for the ARFF vehicles (a T-1500 and a T-3000), to be used at the training is center will be opened in the first week of September. Ernst stated that he will probably do the grant before then in order to get it to the FAA and be able to give a Notice to Proceed. Ernst stated they had gone to FAA on several occasions to talk about the financing and they are at about $3.3 million for this year's allocation. He added, on September 30 at 2:00 p.m., the Alaska Region will know what the return of entitlement monies will be throughout the United States. Once those figures are known, it is hoped the city will be able to capture a considerable amount of those funds to add to the balance needed to complete the project. Ernst added, FAA would have liked to the city to wait until the 30' before awarding the bid, but we wanted to get started with the infrastructure. Instead, they will phase in the first portion of the grant (one of seven sections). Ernst added, there would be one general contractor doing the entire project. Also, the fire training center will be built simultaneously with the ARFF, and certain infrastructure are needed to be in place before the fire training center is started. They want to be online with their first class in May. d. Airport Manager Vehicle Knackstedt asked about the new vehicle for the airport manager as he noticed that its award resolution had been removed from the council agenda. Ernst stated the bids were thrown out because it was felt there was a discrepancy in the advertising. Ernst noted, the bid would go back out in September. Knackstedt commented he thought $28,000.00 was a lot of money for one pick-up truck. Ernst explained, they were considering a nine -passenger van to use for tour groups, etc. When the van isn't used for tours, etc. the back seat would be removed and the van used for airport work. He added, the four-wheel drive pick-up truck now in use will replace the airport manager's current vehicle. 6. NEW BUSINESS a. Tour New Taxiway Construction Ernst stated, the work on the taxiway extension is impressive and it was a bigger project than what he expected. A lot of dirt was being moved, which he would show the Commission during their tour after the meeting. 7. AERPORT MANAGER'S REPORT a. July Enplanement report Ernst gave all members a copy of the updated enplanement report (copy Airport Commission Meeting Minutes August 14, 1997 Page 3 included with these minutes) and noted that the Float Plane Basin operations stood at 115 for May, 214 for June, and 402 for July, for a total of 731. Ernst added, fuel consumption out of the automated fuel system was up about 1,000 gallons per week. Ernst indicated a purchase order for about $10,000 would be submitted to council to carry through to the end of the month and the tank held 4,000 gallons. Ernst added, since the automated fuel system just came on-line, it was hard to compare this year's figures to last year. Thibodeau asked if anything was ever sent out to other air taxi operators in Anchorage to make them aware of the fuel availability in Kenai. Ernst answered, they only advertised through the airport directory. Thibodeau stated that a lot of air taxi operators are unable to make it back to Anchorage so they stop in Port Allsworth to buy fuel at $3.40 per gallon. If they have enough to make it back to Kenai they can get their fuel for $2.25. Ernst suggested an ad could be run in the paper before the hunting season. Ernst also noted, overall the airport use was comparable to last year's. Holland added, he recently reviewed last year's enplanements and found this year's to be approximately 8,000 less than last year's. Ernst noted, the number should rise in the near future. 8. COMMISSIONER COMMENTS AND OUESTIONS Knackstedt asked if there were any restrictions with regard to weight, size, etc., at the new gravel airstrip. Ernst stated that this was discussed with the tower and it was determined that there was no reason to limit it as it is a 2,000 foot gravel runway. In fact, it could even be used in case of an emergency if there was something happening on the runway and an Otter needed to be brought in. Bielefeld stated that a weight restriction will need to be known sooner or later as someone will question it. Knackstedt asked what would happen when there is snow on the ground and the strip is not being plowed. Ernst answered, they are intending to keep it open as a ski strip. Thibodeau asked how it would be maintained as a ski strip since it couldn't be plowed down to the gravel. Holland answered, a little bit of pack would be left on it and a scar - fired blade would be used, leaving approximately two inches of snow on the strip at all times. Doing this would avoid the snow getting hard and icy. Knackstedt asked if the strip would be sanded. Holland answered, it would depend on the conditions. Adding, scar -fire blades tend to shatter the ice chips more but a little bit of sand would probably be good. Thibodeau asked if the strip would be limited to skis (in winter). Holland explained, drifts would need to be broken on the strip, which was not much more maintenance. Ernst added, the matter could be discussed later, but there was no reason to put wheels on the strip if the runway was open. Thibodeau stated, when the strip Airport Commission Meeting Minutes August 14, 1997 Page 4 gets soft and starts getting tire marks on it, it's bad for skis. He added, in Valdez a snow machine is run on the strip with a groomer, which takes virtually no maintenance. Ernst noted, the strip will be substantial with a full length ramp, but it will be secondary to everything else at the airport. Bielefeld asked if tie downs would be available on the ramp. Ernst answered, not at this time. However, if some are placed in the future, they would be required to be airport standard (screw - in, not cable) . Bielefeld asked if there were surveyed lots available adjacent to the ramp where a hangar could be placed. Ernst answered, it was not planned. Holland continued, because of the wetlands, it was uncertain if a building could be placed there. Ernst added, the only reason the strip was being placed there was because FAA had objected for six to eights years of having traffic going over active taxiways. The strip's width and length was a plus and can be built on eventually. However, at this point, it will be just a strip and ramp. 9. PERSONS NOT SCHEDULED TO BE HEARD - None 10. INFORMATION ITEMS a. Kenai City Council Meeting Action Agenda (7/ 16/97) 11. ADJOURNMENT HOLLOWAY MOVED FOR ADJOURNMENT. MOTION SECONDED BY KNACRSTEDT. MEETING ADJOURNED AT 7:30 P.M. The Commissioners joined Ernst on a tour of the new taxiway construction project. Respectfully Submitted, Barbara Roper Airport Commission Meeting Minutes August 14, 1997 Page 5 T - 4 Needs Your `& OldGbn The Library - VT p i Mavor John Williams & Members of City Council '7� G 210 Fidalgo Ave. Kenai, AK 99611 in `''° t B a u E n • O U Y \ C =Mayor John Williams & Members of City Council �fiQJ o210 Fidalgo Ave. �( Kenai, AK 99611 a` V L n C�r�e CITY OF KENAI PLANNING AND ZONING COMMISSION "AMENDED AGENDA* KENAI CITY COUNCIL CHAMBERS August 13, 1997 - 7:00 p.m. http://www. Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: July 23, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-39—Preliminary Plat—Salamatof Centre - Resubdivision of Lots 6-A & B-B Cook Inlet Industrial Air Park #3 b. PZ97-41—Preliminary Plat —Inlet Woods Subdivision - Moore Replat—A replat of Lots 2 & 3, Block 2 Inlet Woods Subdivision Part 1 6. PUBLIC HEARINGS: a. PZ97-34—Conditional Use Permit —Bed & Breakfast-406 S Forest Drive (Lot 1, Block 6, Redoubt Terrace Subdivision, Kenai, Alaska. Applicant DeWayne & Diane Craig. Continued from July 23, 1997 meeting. 7. NEW BUSINESS: a. PZ97-40—Land scape/Site Plan Review —Baron Park Subdivision, Fire Addition —Alaska Regional Fire Training Facility, Marathon Road, Kenai, Alaska. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: a. KMC 14.20.245(d)(3) Possible code violation. 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Map Memo b. Planning & Zoning Commission Roster c. KPB Plat Committee Action of 7/28/97 d. Notice of Proposed Utility Easement Vacation 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMIS August 13, 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: Teresa Werner-Quade, Barb Nord, Michael Christian, Ron Goecke, Carl Glick, Phil Bryson Members Absent: Karen Mahurin Others Present: City Engineer Jack LaShot, Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Councilman Duane Bannock (arrived at 7:05 p.m.) Contract Secretary Barbara Roper 2. APPROVAL OF AGENDA: GOECKE RECOMMENDED APPROVAL OF THE AGENDA NOTING THE ADDITIONAL INFORMATION ADDED TONIGHT, HE ALSO ASKED FOR UNANIMOUS CONSENT. MOTION WAS SECONDED BY CHRISTIAN. AGENDA WAS APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: WERNER-QUADE MOVE TO APPROVE THE MINUTES OF JULY 23, 1997. CHRISTIAN SECONDED THE MOTION. THE MINUTES FOR JULY 23, 1997 WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None S. CONSIDERATION OF PLATS: a. PZ97-39 - Preliminary Plat - Salamatof Centre - Resubdivision of Lots 6-a & B-B Cook Inlet Industrial Air Park #3. GOECKE MOVED TO APPROVE PZ97-39, PRELIM PLAT FOR SALAMATOF CENTRE. MOTION WAS SECONDED BY CHRISTIAN. Staff had no additional comments. VOTE Werner-Quade Yes Nord Yes Christian Yes Goecke Yes Bryson Yes Mahurin Absent Glick Yes MOTION PASSED UNANIMOUSLY b. PZ97-41 - Preliminary Plat - Inlet Woods Subdivision - Moore Replat - A replat of Lots 2 & 3, Boock 3 Inlet Woods Subdivision Part 1 CMUSTIAN MOVED TO APPROVE PZ-97-41. MOTION WAS SECONDED BY GOECKE. Staff had no additional comments. VOTE Nord Yes Christian Yes Goecke Yes Bryson Yes Werner-Quade Yes Mahurin Absent Glick Yes MOTION PASSED UNANIMOUSLY 6. PUBLIC HEARINGS: a. PZ97-34 - Conditional Use Permit - Bed & Breakfast - 406 S Forest Drive (Lot 1, Block 6, Redoubt Terrace Subdivision, Kenai, Alaska. Applicant DeWayne & Diane Craig. Continued from July 23, 1997 meeting. Glick noted that this was a continuation from the last meeting so a motion was already made, the hearing was open to the public. Diane Craig, 406 S. Forest Drive, Kenai, Alaska --Craig stated that they haven't physically moved into the apartment yet as they were waiting to see what happens here tonight. Craig noted that they sold their home in Washington and are re-establishing residence in Alaska. Craig also noted that she is here to answer any questions that might come up and she thought the letter she and her husband DeWayne wrote expresses their desires for doing a bed and breakfast. Glick asked if there were any questions of Craig. Commissioner Christian asked if it was intended that just one of these apartments will be used as a bed Planning and Zoning Commission August 13, 1997 Page 2 and breakfast and the other two apartments will still be occupied by rentals. Craig stated yes, those apartments are fully occupied just about 100% of the time. Christian asked if she would then have the fourth apartment. Craig stated that had been their residence before and they would take it back. Christian asked if it were their intention to rent it out as a bed and breakfast but it would basically be more of a suite rather than just a bedroom. Craig stated that they would be living in it too and they would just rent out bedroom space as other bed and breakfasts do and the clients would have access to the bathroom and they could sit in the living room. Christian asked if they would have access to the kitchen facilities. Craig stated that they will prepare a breakfast but they do not have access to the kitchen, basically it is set up for overnight guests with breakfast provided. Craig further pointed out that they will probably do the bed and breakfast seasonally from perhaps May through September depending on the tourist season. Christian asked if for the remainder of the time they would be renting the space. Craig stated that they will keep it as their residence now. Jack Castimore, 1533 Coho Circle, Redoubt Terrace Subdivision -- Jack Castimore stated that he lived in the same subdivision as Mrs. Craig and he owns four pieces of property in there, he pointed out that he has been around for a long time. Castimore stated that when that subdivision was set up it was set up logically with the houses in one area and a strip of apartments in another. He pointed out that this was logical in that you have higher density on one side of that subdivision and low density throughout it and it seems that the apartments, and the Craig's apartment also, are located along a very busy street which would be appropriate for a B&B. Castimore stated that he thought that a middle of a subdivision where there is a lot of residences is inappropriate for a B&B because they don't want high traffic. He further stated that currently there is a complete row of apartment complexes down there and it seems to be a very appropriate place for a B&B and he encouraged the Commission to want them in an apartment complex where there is already a large amount of traffic coming and going rather than back in the subdivision where it's full of homes. Goecke asked Craig if they planned to use the apartment as their residence year around and a bed and breakfast for a portion of the time. Craig indicated that was correct. Goecke asked if it was fair to say that it would a B&B from May 1 through September 15. Craig indicated that was correct. Christian stated that this was a dilemma for him, he read the letters and the public statements and he would hate to vote against a neighborhood when they are very much against it. Christian further stated that this is a precedence setting venture to allow the first bed and breakfast in an Planning and Zoning Commission August 13, 1997 Page 3 area but he thinks this is a special case and if this were located in any other lot in Redoubt Subdivision he would probably vote against it but he indicated that he would vote for it this time because it is on a road that is currently used by a great deal of tourist traffic already going to the park where a new wheelchair accessible park was established on the opposite side of the street. Christian pointed out that the parking near that particular 4-plex would not have any impact on the neighbors. Christian further stated that if any other block were to try this by saying that a precedence has been set, he would strongly oppose it but in this case it is appropriate and he will be voting in favor of it. Bryson stated that he will also voting in favor of it as he feels that it essentially meets the criteria for a bed and breakfast and the location is appropriate. VOTE Christian Yes Goecke Yes Bryston Yes Werner-Quade Yes Nord Yes Mahurin Absent Glick Yes MOTION PASSED UNANIMOUSLY 7. NEW BUSINESS: Glick stated that the next item was a code enforcement item and asked Kebschull if she had anything more to say on it. Kebschull stated that basically it was put in the packet for to let the Commissioners know that code was being enforced. Kebschull stated in that particular case the individual decided to go ahead and put his water and sewer knowing that he cannot hook his motorhome up. The code states for no more than 30 days so basically he could hook it up for 25 days, move it for a few days and come back and he would be within code. Glick noted that this item should have been discussed under 9-a and apologized for the error. a. PZ97-40 - Landscape/Site Plan Review - Baron Park Subdivision, Fire Addition - Alaska Regional Fire Training Facility, Marathon Road, Kenai, Alaska GOECKE MOVED TO APPROVE PZ97-40, LANDSCAPE/SITE PLAN REVIEW FOR BARON PARK SUBDIVISION. MOTION WAS SECONDED BY WERNER-QUADE. LaShot stated that the recommendations on the staff report states that staff recommends approval. LaShot stated that he couldn't say that the Planning and Zoning Commission August 13, 1997 Page 4 facility is lavishly landscaped however, the thinks for this type facility grass and lawn is probably appropriate. He further stated that all of the areas that will be disturbed outside of the parking, buildings areas, or training areas will be seeded, the area around the building will be maintained as a lawn and then there is a small area around the building sign with some additional grass and minor shrubbery. Goecke stated that in light of what the City Engineer just said about the shrubbery and minor, he didn't think he even comes close to minor. Goecke pointed out that we sat here about a month ago on the dog house and said that they needed to do a little better job of landscaping on that project and he feels absolutely no different about this. He pointed out that there is a total of five trees to be planted by that sign. Goecke stated that since we are asking private entities to upgrade their site when they want to build then City should be setting an example and doing a better job than what we are asking private enterprise to do. Goecke reiterated that all he could see on the plans is a total of five shrubs in one small confined area by the sign and that isn't going to get it. Christian stated that he would support that as well, he thinks that we do need to set an example and with the animal control shelter Parks and Recreation was expected to take care of it. Christian stated it would be a good idea for our City to put in their plans what they intend to do just as we expect private enterprise to do. Councilman Smalley asked LaShot if these were similar to the animal control shelter in that there are a set of plans that went out to contractors and that the landscaping is a separate bid item. LaShot stated that was correct, these plans are out and the bids will be received next week, on August 19 and the landscaping is a different bid item. Smalley_ asked if this facility would be handled like the City's other facilities. LaShot stated that is true, Parks & Rec can come in at some point and add to this plan. Goecke stated he understands what Smalley had to say but feels this is actually not the same as the animal control shelter plans had no set boundaries or guidelines for shrubbery but this one has the shrubbery in place at the sign. Goecke stated that we're play ng herewith crab apples and delicious apples but we're still looking at a completely different set of plans. Christian pointed out that what we are voting on is the landscape plan and this is not appropriate in his and Goecke's view. Christian stated that if we are going to approve of a landscape plan we should see what the landscape plan is going to be, then if this is what it is, 3 or 4 bushes, Planning and Zoning Commission August 13, 1997 Page 5 then it needs to be addressed more directly instead of saying that sometimes down the road Parks and Recreation can add to it. GOECKE MOVED THAT PARKS AND RECREATION DO SOME MORE LANDSCAPING AROUND THE FACILITY BEFORE THIS THING IS COMPLETELY WRITTEN OFF. Goecke stated that he would vote in favor of this tonight if that is put in. Glick asked if that was a motion. GOECKE MOVED THAT PARKS AND RECREATION BE DIRECTED TO INCREASE THE LANDSCAPING BEING DONE AS FAR SHRUBBERY IS CONCERNED AROUND THAT FACILITY. Glick pointed out that was an amendment to the main motion. NORD SECONDED THE MOTION. Bryson asked if the proposed grass area was not considered landscaping, he pointed out that there was a considerable area that is going to be topsoil and grass. Goecke stated that he wants to see more shrubbery at least, this facility is supposed to be a showplace for the State so he would like to see something more than a grassy yard. Werner-Quade asked if the amendment directs Parks and Rec to take care of the landscaping. Werner-Quade noted that she could not support the amendment as it reads because this Commission does not know if money has been allocated in the budget for landscaping so perhaps the amendment should recommended to Council to confer with Parks and Rec on doing the work. Werner-Quade stated that the other comment she had is in keeping with the animal shelter when Mr. Kornelis was here he explained that generally, maybe not the first season but in a subsequent seasons, those things are provided for and allocated for such items like rose bushes, annual flowers beds, etc. She further stated that in her opinion she can't think of one building or tract of land that the City of Kenai owns that isn't really impeccably groomed and very neat, tidy and quite beautiful to the eye. Werner-Quade stated that while she agrees with Christian that the City should set an example for others and private enterprises she does feel thus far that the City has done a good job of maintaining the grounds of their present buildings. Goecke stated that he thought that as a maker of that motion he thought he did say to ask Council to direct Parks and Rec to make sure there was some more landscaping done on that facility, he didn't say we will direct Parks & Rec. Smalley stated the Werner-Quade was correct, this building (City Hall) is Planning and Zoning Commission August 13, 1997 Page 6 a prime example, landscaping was not included in the original site plan but the City came in afterwards and added this and he couldn't think of a single City building that hasn't got impeccable landscaping. Smalley encouraged the Commission to think about maybe dropping the portion of the amendment asking Council to direct this to Parks and Rec as he isn't sure that Parks and Rec is the appropriate place to send it to. Smalley thinks it may be more appropriate to direct him to take it back to Council and have them make sure that the landscaping is above what is adequate and matches other City facilities. Smalley pointed out that the plan does meet the code as it written but he guarantees, as Kornelis has spoken to this body before, when you have a City facility it is going to be well taken care of with regard to landscaping. Christian stated the thing he has a problem with is that in writing up these plans for the bid process that it doesn't have the landscaping we expect from other private sites and he thinks this sends a bad message to the private sites that we are expecting more of them than we are expecting in our initial stages of our business process. Christian stated that if we would put on our bid that we would like a certain number of trees, bushes, etc., then it would go into the cost of the project and it would at least get started then Parks and Recreation could add to it. Christian further stated that he knows that grass covers landscaping but it doesn't cover what was done in the past. Bryson asked staff if the entire lot was being cleared of trees. LaShot stated that no, not the entire lot. Discussion was held on the areas where natural vegetation would remain. Bryson stated that if the areas beyond the parking area are remaining timber then it appears that 30 to 40 percent of the area that is cleared is going to be grass. Nord stated that she will vote in favor of this because it does meet the plan and she will also vote in favor of the amendment because she would also like see more than just grass. Bryson noted that the bids are going to be opened next week so there is no way a landscaping modification could be in before the bid opening. Smalley again stated that he wasn't sure if it was appropriate to recommend that Council direct Parks and Rec to do it, it is a budgetary consideration and as far as this year the budget is set and the only way a budget modification is made is, if in fact you want something you are going to have to pull something out equal to that cost. Goecke asked what was done for the animal control shelter with regard to wording. It was noted that City Council was asked to direct Parks and Rec. LaShot noted that it was to suggest to Council that Parks and Rec Planning and Zoning Commission August 13, 1997 Page 7 S. do further landscaping work and this may be appropriate here to suggest the same thing. GOECKE, WITH SECONDS CONCURRENCE, CHANGED THE WORD DIRECT IN THE AMENDMENT TO "STRONGLY SUGGEST". VOTE (Amendment) Goecke Yes Bryson No Werner-Quade No Nord Yes Christian Yes Mahurin Absent Glick Yes MOTION PASSED. VOTE (Main Motion) Bryson Yes Werner-Quade Yes Nord Yes Christian Yes Goecke Yes Mahurin Absent Glick Yes MOTION PASSED UNANIMOUSLY OLD BUSINESS: None CODE ENFORCEMENT ITEMS: a. KMC 14.20.245(d)(3) Possible code violation. Kebschull noted that she had nothing else to add to the enforcement code items. 10. REPORTS: a. City Council: Smalley stated that at the last City Council meeting there were three public comments. Mr. Popp and Debbie Harris spoke on behalf of the Sears Elementary PTA program and they expressed thanks to the City for their assistance with the playground. Doug McBride and Dave Nelson came on behalf of Fish and Game with regard to the dip net fishery situation this past summer. It is possible that Council will attempt to get and Agenda change to attempt to get to the Fish Board to see if they will close off a section of the river. At this point in time all of Council is anticipating going up to speak at the Fish Board meeting in February. Smalley stated that it looks as though there may be funding in the future for enforcement during the dip net fishery and the State Planning and Zoning Commission August 13, 1997 Page 8 will place refuse boxes. A fee for dip netting will also be considered. This Council was very disappointed with how this fishery was handled this year and the message was clearly sent to the State and they are working with the City to try to bring about some positive changes. Smalley stated that under Public Hearings, items 1 and 2 were removed from the table as it was felt the new ordinance was far more restrictive and a much harsher ordinance than what currently is on the books. Smalley stated there were some permitted uses in some of those zones with regard to development, for instance 4 and 5 plexes, etc., which had been permissible in the past were now completely out by putting in the end and what that meant is it prohibits this body from even considering it and it also prohibits the Council from considering it because it is an ordinance change but if it's a conditional use then this body can review it and still say no or they can review it and put it up for public hearing and if it's something they don't feel is in the best interest it can still be turned down. Smalley stated that there was some discussion from Council that with the new ordinance if it were to go into effect the community will need to be fully appraised of this change. The plan right now is a work session with Council on October 1 to go through a couple of the categories. Smalley showed the group where the categories were on the list that will go to the work session. Bannock stated that was an accurate assessment and that Council was appreciative of the majority of the work that was done. Christian noted that he would much rather see things handled this way than just vote against it and let it go, this way we can work with each other on it. Smalley stated that item H-6, under New Business the hearing has been set for August 20 and 7:00 p.m. Item H-7, Baler Wash Water, discussion continues with the Borough. Item H-8, Discussion, a Goals and Objectives Work Session is scheduled for September 10 at 7:00 p.m. at the Senior Center. Item H-9, Discussion, Advertisements/Brochures, this was moved up to B-3, Public Comment, discussion was held with Marion Nelson regarding additional advertising for the City. Smalley stated that the Council did spend a little bit of money. The Kenai Peninsula Regional Tourism Conference will have an awards banquet and auction which will be held on September 19 and 20 and the City'4ill pay for the welcoming reception, cost $750.00. Item H-10, Bluff Erosion in Old Town, discussion was held and is also tied into the goals and objectives. Smalley stated that Council went into Executive Session to evaluate the Interim City Manager, Council gave a very, very satisfactory during the evaluation process. Planning and Zoning Commission August 13, 1997 Page 9 b. Borough Planning: Bryson stated a meeting was held on August 11, he pointed out that the agenda was included in the packets. Bryson stated that the consent agenda was approved. There were no persons speaking from the public. Public Hearings, item F-2 was requested to be postponed by the petitioner; F-3-b vacation was approved adjacent to lots 3 and 4 only of that subdivision. All other public hearing items were approved. Under Special Considerations the first two items were approved, the third was denied because it did not conform to State requirements for granting platting waivers. C. Administration: LaShot stated that the fire training bid opens next week, originally it was scheduled to open tomorrow but a batch of plans were lost in the UPS strike so the bid period was extended. It is expected that Council to either take up the issue of contract awards at the regular meeting or possibly a special meeting around August 25. Kebschull wanted to draw attention to the memo regarding the zoning maps and requested that members made the noted corrections. 11. PERSONS PRESENT NOT SCHEDULED: None 12. INFORMATION ITEMS: a. Zoning Map Memo b. Planning and Zoning Commission Roster C. KPB Plat Committee Action of 7/28/97 d. Notice to Proposed Utility Easement Vacation Glick thanked staff for the Planning and Zoning Commissioner roster. 13. COMMISSION COMMENTS AND QUESTIONS: Bryson - no comment Werner-Quade stated that she appreciated the bare -bones landscaping at the fire training center as to her, as a City tax payer, it shows fiscal responsibility and she feels certain that seasonal additions to the grounds and permanent landscaping will be seen. Christian stated that it seems awkward that this Commission gets these site plans when it's too late to do anything except approve them according to the bidding process, maybe if they can be seen before they go to bid then we would know whether or not we would approve of the landscape plans. Christian also stated that when mentioning this person that was trying to set up this home that is connected to City water and sewer for more than a month, he noticed that someone had moved in a motor home on Forest Drive, between 3rd & 4t', Planning and Zoning Commission August 13, 1997 Page 10 at the beginning of the summer and it looks like they have a temporary set up for a home, there are some wires strung over the trees. Nord - no comment Goecke - no comment 14. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING WAS ADJOURNED AT 8:00 P.M. Respectfully submitted, Barbara Roper Planning and Zoning Commission August 13, 1997 Page 11 CITY OF KENAI �- PLANNING AND ZONING COMMISSION "AMENDED AGENDA" KENAI CITY COUNCIL CHAMBERS August 27, 1997 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: August 13, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-42—Preliminary Plat —Baron Park Subdivision No. 11 6. PUBLIC HEARINGS: 7. NEW BUSINESS: 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: a. Richmond (309 James Street) Letter 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Plat Committee Action of 8/1 1 /97 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION August 27, 1997 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:02 p.m. 1. ROLL CALL: Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian, Carl Glick Others Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barbara Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION WAS SECONDED BY CMUSTIAN. AGENDA WAS APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: GOECKE MOVE TO APPROVE THE MINUTES OF AUGUST 13, 1997 AND ASKED OF UNANIMOUS CONSENT. BRYSON SECONDED THE MOTION. THE MINUTES FOR AUGUST 13, 1997 WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None i. S. CONSIDERATION OF PLATS: a. PZ97-42 - Preliminary Plat - Baron Park Subdivision No. 11 MAHURIN MOVED TO APPROVE PZ97-42. MOTION WAS SECONDED BY GOECKE. Staff had no additional comments. Goecke asked if the property was the cleared area behind Don-Again's restaurant and the motel on the corner of Airport Way and the Kenai Spur Highway. Kebschull verified that is was. Bryson asked for verification of the lot. Kebschull verified it was the area directly behind where the extension of Lot 1A-7A will be made. She added, this will be the only change this plat would make. Bryson asked how the lot was situated with respect to the request for transfer of lease. Kebschull answered the zoning map would need to be looked at but she believes it is off Marathon Road. She further stated the transfer had been approved by Council and a lease was sent to the applicant for signature. A signed lease has not been returned to the City. Discussion continued on the exact location and it was determined that it was Tract A. VOTE Bryson Yes Goecke Yes Mahurin Yes Glick Yes MOTION PASSED UNANIMOUSLY 6. PUBLIC E WARINGS: None 7. NEW BUSINESS: None 8. OLD BUSINESS: None 9. CODE ENFORCEMENT ITEMS: a. Richmond (309 James Street) Letter Werner-Quade Yes Nord Yes Christian Yes Kebschull reported that Mr. Richmond contacted her and advised that he was doing some work on his property and confirmed that his business was operated from a lot on Ciechanski Road. Kebschull added, this satisfied the City's request as an individual cannot be denied from storing work vehicles on his property while he is performing work there. 10. REPORTS: a. City Council: - No report from Council - no member present Planning and Zoning Commission August 13, 1997 Page 2 b. Borough Planning: Bryson reported a meeting was held on August 25 and the consent agenda was approved as presented. Bryson added, all items under Public Hearings were approved except the proposed reclassification for the 13.84 acres in Cooper Landing which was denied. However, a motion was made that the Borough proceed with the Sunrise Proposal which includes the area involved. This will go as a recommendation to the Assembly. Item F-11, Ordinance 97-65, Authorizing Emergency Timber Harvest was approved. The parcel described lies along the northern border within the City of Kenai and concern was expressed on whether this work would proceed. Item G-1, Vacation of Lot 5A, Block 19, Original Townsite of Kenai was postponed. Discussion was held on why this item (which was removal of a utility post) was postponed. Bryson reported that approval of the vacation could not be recommended as removal of any facilities within an easement would be between the petitioner and the utility company. This item was postponed until September 22 which should give the petitioner time to submit the necessary additional information which includes documentation that payment for removal of PTI facilities was accomplished or documentation from PTI stating the facilities were not in the easement. Goecke reported the post was not in the easement. Glick asked about the status on the Zubeck easement that was sent back to the City of Kenai. Kebschull answered a hearing was held at the last regular City Council meeting and Council has 30 days to make a decision. C. Administration: Kebschull announced that Council, in their Special Meeting on August 26, approved the Alaska Regional Fire Training facility contract. The contract was awarded to Alcan contingent upon FAA funding. Kebschull reported this will likely be a phase project and some items may be renegotiated within the bid. 11. PERSONS PRESENT NOT SCHEDULED: None 12. INFORMATION ITEMS: a. KPB Plat Committee Action of S/1/97 Planning and Zoning Commission August 13, 1997 Page 3 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord announced she would not be at the next Planning and Zoning meeting as she will be attending the Alaska Association of Realtor's convention. Commissioner Mahurin apologized for missing three meetings in a row. She pointed out her absence was totally unavoidable and not by choice. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING WAS ADJOURNED AT 7:20 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning and Zoning Commission August 13, 1997 Page 4 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 20, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenal.net/ city BOARD OF ADJUSTMENT HEARING - Appeal of Bill Zubeck 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. Bob Favretto - Potential Development of a Women's Prison C. PUBLIC HEARINGS 1. Ordinance No. 1755-97 - Increasing Estimated Revenues and Appropriations by $3,824 in the Taxiway Extension North Capital Project Fund. 2. Ordinance No. 1756-97 - Increasing Estimated Revenues and Appropriations by $10,993,472 in the Capital Project Fund Entitled "Kenai ARFF Project." a. Motion to Postpone for Special Meeting Action b. Schedule Special Meeting 3. Ordinance No. 1757-97 - Increasing Estimated Revenues and Appropriations by $1,237 in the General Fund for the Purchase of a Playground Slide. -1- 4. Resolution No. 97-52 - Formally Accepting FY98 Municipal matching Grant Number 98 / 587-4-001 From the State of Alaska, Department of Administration in the Amount of $147,180.00 for a Water Quality and Quantity/Development Program, and Accepting the Conditions of the Grant Agreement. 5. Resolution No. 97-53 - Transferring $1,835 in the Mission Street Capital Projects Fund for Engineering Services. 6. Resolution No. 97-54 - Transferring $3,000 in the General Fund Public Works Department for Professional Services. 7. Resolution No. 97-55 - Transferring $3,307 in the Airport Land System Special revenue Fund for a Gas Main Extension. 8. Resolution No. 97-56 - Awarding a Contract to North Star Contracting for the Project Entitled "Kenai Municipal Airport Runway and Taxiway Crack Sealing and Painting, 1997" for the Total Amount of $159,679.00 Which Includes the Basic Bid and Alternates A, B, and C. 9. Resolution No. 97-57 - Awarding the Bid for a Cargo Van for the Building Maintenance Department to Kenai Chrysler for a Total Amount of $18,821.00. 10. Resolution No. 97-58 - Awarding a Contract to Randy's Glass for the Project Entitled, "Public Safety Building Overhead Door and Operator Replacement" for the Total Amount of $21,289.25 Which Includes the Basic Bid. 11. Resolution No. 97-59 - Awarding a Contract to Miller Sheetmetal for the Project Entitled, "Kenai Recreation Center Roof Top Air Handling/Heating Unit Replacement" for the Total Amount of $48,600.00, Which Includes the Basic Bid. 12. .. Resolution No. 97-60 - Awarding a Contract to Russ's construction Company for the Project Entitled "Kenai Recreation Center Wood Gym Floor Repair/Refinish" for the Total Amount of $19,127.00, Which Includes the Basic Bid. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission -2- 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 6, 1997. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1758-97 - Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Public Library Assistance Grant. 4. *Ordinance No. 1759-97 - Increasing Estimated Revenues and Appropriations by a Net Amount of $7,145 in Three Senior Citizen Funds. 5. Discussion - Mayor's Invitation to Travel with Representatives of the Alaska State Legislature to Khabarovsk and Sakhalin. 6. Discussion - City Maintenance Facility 7. Discussion - ARFF Photo Series EXECUTIVE SESSION - None Scheduled. I. ADMMSTRATION REPORTS 1. Mayor 2. City Manager -3- 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 ME KENAI CITY COUNCIL - REGULAR MEETING AUGUST 20, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /vvww.Kenai.net/ city BOARD OF ADJUSTMENT HEARING - Appeal of Bill Zubeck ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance_ A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Williams, Swarner, Moore and Measles. Bookey, absent for the Board of Adjustment Hearing, arrived at 7:31 p.m. for the council meeting. MOTION: Councilman Smalley MOVED to recess for purposes of holding the Board of Adjustment Hearing. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. Williams noted Mr. Zubeck had not yet arrived, but continued on with the Hearing's preliminary comments. The Board of Adjustment Hearing was called to order by Mayor John Williams at approximately 7:05 p.m. Mayor Williams reviewed the Board of Adjustment instructions with council, noting the Board was under a duty to act justly, reasonably, and without abuse of discretion on applications for appeal concerning matters before it and would act as a quasi- judicial body. He added, the Board would take testimony as it was a public hearing and the proceedings would be recorded. Williams noted six of the seven council members were in attendance and a quorum was present as a quorum of four was required and the majority was the requisite vote. Williams also noted, the Board had 30 days from the appeal to render a decision and could impose appropriate conditions and safeguards with regard to the zoning ordinances relative to any matter subject to their jurisdiction. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 2 Williams noted Mr. Zubeck arrived (at approximately 7:04 p.m.). Additionally, Williams stated, those persons giving testimony would be sworn in prior to their testimony. Williams requested the following items be added to the packet of information: 6. Item BA-1, page 2 of the Board of Adjustment instructions (a copying error) 7. BA-6(k), a letter in opposition to the vacation from Denis Mueller Testimony began with Appellee Bill Zubeck being sworn in and offering his comments. Verbatim begins: Zubeck: We brought this vacation before the Planning & Zoning Commission. It was approved by the City of Kenai and then it went to the Borough and was disapproved for a, there were a couple of people there who owned property that claimed that the only way they had access was through my property. But they had lived there for a number of years and at the time they had bought that property, there was access to the Spur Highway, not through my property, there always has been. So, on them grounds, why they decided not to approve the vacation and they said through a matter of appeal, we could bring it back to the city. And, that we've done. I can give you a little history on that property; I bought it in 1973 and at that time, there was a water, the city main water line goes through that property, approximately 150 feet south of where this easement, so-called public use easement is or shows on the plat. But at the time this was given by the former owners, I was to understand that when they moved that water line, that it was, that other become null and void. And in 1983, I brought the, there was another little angle that went through the far corner that I brought before the Planning & Zoning council to be vacated and there was no problem. And, at that time, I understood that the only easement back there was a power line easement only. And, that's, to the best of my knowledge, that easement should never been there and became null and void when the 60' easement was given 150 feet south through the full length of my property. That's the way I see it. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 3 Williams: Okay, now the questions from council regarding this issue. I'm going to ask the staff attorney, or council attorney to bring us up to speed a little bit with the issue of the Borough and the procedures that they used for sending it back over. Graves: Well, I think it's contained in the packet, but the reason that the Board of Adjustment is hearing this is because the Borough ordinance sends back appeals from easement vacations and refusal to vacate to city Board of Adjustment. It's a little bit unusual. We haven't had one of these to my knowledge for a long time, but that's why this body is hearing it rather than the Borough Assembly as a Board of Adjustment. Williams: Okay, thank you. Are there questions from the attorney? Yes, Councilman Moore. Moore: Is our decision final? Graves: The City Clerk called the Borough to check on just that point and, I believe, Lisa Parker, the Borough Planning & Zoning Director said that they consider our decision as binding upon them. One way or the other they will adhere to our decision. Moore: Thanks. Williams: Further questions, discussions? There seems to be considerable amount -of data available to us from previous hearings and there seems to be no question about the first easement - Easement No. 1. Everyone is in agreement that that easement is okay and can take place. There is a note from the Borough that says, "In the even this easement is approved for vacation, the applicant may need to purchase the easement within the northern 30 feet of the City of Kenai." Of that, I'm not too clear on. Anybody care to elaborate? Is it, on Easement 1, is it necessary for Mr. Zubeck to purchase from the city that 30 feet? Graves: There is a state statute involved and I can, if you give me just a minute to find it in the packet. Williams: All right, the second easement is the one we're most concerned with at this time. That easement, along Doris Avenue; the findings of the Borough staff were that alternative right-of-way is being dedicated by the Buffalo Run Subdivision Plat and that no properties would be denied access for utilities. Earlier, the staff found no reason for not granting the vacation. There were some recommendations. However, later, as we begin to look through there, there came up the question of the Homer KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 4 Electric easement, as I understand it, and there seems to be a thought that even if the easement were vacated, that the Homer Electric 40' easement, center power line being the 40' easement, would still be in place. Zubeck: That's correct, and I have no problem with that. I mean, at that time, I think it was as power line easement only. But by public use, they think that it should be a road, sewer and water. Williams: So, in other words, if the easement were vacated, Homer Electric would agree to maintain their position with regard to the 40' easement and you would have no problem... Zubeck: I have no problem with the electric easement at all. I mean its ... and at the time that I understood that it was a power line easement only, which I have no problem with, my property still going out the edge(?) which farm and raised wheat, or oats on for many years, never had any problem. The only thing is, I had to give them access for maintenance or whatever to that easement. And, I never even knew that there was a so- called 30' public use easement there until I started this process of subdividing this. I thought that that thing had been abandoned when the other easement, the 60' easement, was given along Doris Avenue. Williams: And, of course, that brings up the question of which deed is correct. Which document is correct as to whether one was given up and one wasn't.._ Zubeck: Well, if you see the dates, one of them, the one, the original easement was like a few days prior to this, and from what I understand, at the time they, they were going to put this water main through there, it was going to come along the north end of the property. But, Homer Swires had that shop there. He also had that, probably had a landing strip where the city water main is right now and it was a straight shot from the well house through there. It was already cleared and I just assumed that it was an easier way to go rather than have to move that shop and whatever. Ah, there are very few people alive right now that I can talk to, but from what I understand, that's what happened there and that was the reason that water main is where it is now instead of on the north side of the property. Williams: Because the shop was already there. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 5 Zubeck: The shop was already there and there was some question there when it went to the Borough. They thought that I had built that shop, knowing that was a public use easement. Well, that shop was there before there was any power line or public use easement at all. That thing was there either in the late fifties or the early sixties. Ten or twelve years before I purchased the property. Williams: All right. And also to substantiate Mr. Zubeck's discussion concerning the deeds, in 1970 the reference book and page were recorded with the Kenai Recording District. On August 5 and August 14' there was a dedication of an easement that superceded the first easement. That's the part that's been hard for me to grasp. Are these documents in fact real? Do they exist? Everybody's seen them. I haven't. In June, the northern 30 feet was dedicated to the city as an easement. In August, city and original property owners moved the dedication 150' south of the quarter easement. In August, city and original property owners moved the dedicated 150' feet, I guess it says. It's little type there. South of the quarter section which is now Doris Avenue. In that same recording, all other easements, dedications were declared null and void and the water line was constructed through Doris Avenue easement. Is that the way you understand it? Zubeck: That's the way I understand it so at that time, that 30' public -use easement become null and void and the new 60' right-of-way through there, which the water main is now, was the, is where it should be. Williams: Okay. Now, Mr. Graves... Graves: The section in Title 29 says, "...if the municipality acquired the street or other public area vacated for legal consideration, money, or by expressed dedication to the municipality, other than as a subdivision platting requirement... " Then it goes on to say they have to pay fair market value if the property vacated. So, what it means is, if the city got it by an ordinary dedication or paid money for it, they have to pay back the city the fair market value. But, if it was just dedicated as part of a zoning platting requirement, they don't have to pay fair market value. Frankly, from the record I read, I read this thing several times, I'm not exactly clear if it was formally a platting requirement or not. I'll have to go through it again and examine that... Zubeck: It's, excuse me, it says there for a $1.00 and other, whatever, consideration is what they gave him for that first easement and it says KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 6 the same thing on the second. But on the second one, it mentioned in there, when they hooked to that water, that the assessments, something to do with the assessments would be, I don't know, waived or whatever, for that, when they hooked that existing house up to the city water. Williams: Are there questions from the council? I have to chuckle a little bit over this whole issue, having been in the real estate business and dealt with some of the principals and properties back there and then it leads me to chuckle a little when I see the plat and shows virtually everybody's houses in there are not on their properties. They're scattered all over the place, you know. It's how we did it in the old days. All right, questions from council? Yes, Councilwoman Swarner. Swarner: I guess just a question. The things you were reading from John, the historical part, where were you getting ... is that on... Williams: There were all part of the packet materials we had. Swarner: Was it in the first part of the packet? Williams: Probably starting down in, they aren't numbered but, BA-3(a) in the right-hand corner is the beginning. We might also discuss, for just a moment, Mr. Mueller's letter that just came to the council this evening and you should have an opportunity to have a copy of it. He's asking, he's stating that he opposes the petition for two reasons: "First of all, it's the only dedicated and recorded easement for my residence (Tract B, Mal Cole Subdivision). Without this access, my property will be landlocked." Is that true or not? Zubeck: Mr. Mueller has lived on that property for over 15 years. Ibe talked to the lady that sold him that property and she said, when that property was sold, there was easement ... not him, but I guess that's property's changed hands a couple of times, there is a, the way it was done before, there was a deeded right-of-way with access to all that property that, and it's a 20 foot right of way. And where that property came is on the state plat showing that property. It does show an easement in there. But on the latest Borough tax plat, it doesn't show. Now, I don't think that's my problem. That's between whoever purchased that problem with Cole. And to be realistic, Mr. Mueller's property is probably 800' across the swamp, if you go east, and if you go west, it's probably over 1500 feet and through my shop. So, realistically, I don't understand how he figured that he would get access that way. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 7 Williams: All right. And I don't know how well staff has investigated this, but he also claims that it provides his only access to city water and sewer. He does admit that at the present time, he's not connected to city utilities, but if it becomes necessary in the future, this would also affect other properties in the subdivision. Zubeck: And, I don't know how that would happen because I don't think the city's going to build a right-of-way sewer and water down that easement and the only other way, I think, the city would go is probably along the Spur Highway and at that time, that would probably be easier and closer for them to get hooked to sewer and water. Right now, it's probably 2,000 feet from his, if they were to use that, and at that time, from what I understand, if he has his house built, if they had to give, if he had to, if they had to give their 30 feet of easement, along with my 30 feet, to make that an official easement through there, his house would be in that easement. Williams: All right, Councilman Bannock? Bannock: In regards to Mr. Mueller's letter, is Tract B on our map the little one -by - five square marked "B." Is that the one that's identified on our map of... Williams: I imagine you're looking at 041050, upper right hand at the corner? Bannock: That's not the one I was looking at, but... Smalley: Directly behind this one... Williams: Same thing. Bannock: Yea, okay. All right. Okay. A quarter of an acre, a quarter of an acre with the 07B... Williams: Mr. Mueller's property "B." It isn't identified as a house. Bannock: Is that the one that he's speaking about in this letter? Zubeck: This right here would be his property, on this... Bannock: Okay, that's the very same one marked "B." Zubeck: Right here. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 8 Bannock: Where in relationship to that was, as I understand it, the Easement No. 2, I'm sorry, let me rephrase that, the water and sewer used to be in that line. It's no longer there? Zubeck: It never has been... Bannock: It was designed to go there? Zubeck: It never has been... Bannock: But never has been. Where now does that water and sewer go. Along the bottom? Zubeck: There is no sewer. Bannock: Okay, water, all right. Zubeck: The water, at the present time, runs right along here and this is approximately 150 feet from here to here. Bannock: Okay, okay. Zubeck: This is the water. There is no sewer. Bannock: All right. So, is it true then, is paragraph No. 2 of this letter true? Zubeck: Well, I don't know how he figures he'd have access through there because I own that property. Bannock: Well, there's nothing there either. There is no water and sewer there. Zubeck: No. Bannock: I believe Paragraph No. 2 is not applicable. Williams: All right. Further observations? Councilwoman Swarner? Swarner: Mr. Zubeck, I guess I can ask him questions, right? Okay. I went, rode down Swires Road today and looked for access to these other lots and I didn't see any access trails. Zubeck: There never has been access. The only access, when this property was sold, the only access to this was the Spur Highway. This was, when KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 9 these, when this property was sold, this was all woods back here. There was no access at all. Swarner: Okay, and that's what I had trouble understanding, you know, that people talking about access to their property because there isn't any historical things that I saw. Zubeck: I, I thought that we had in this map showing you the access on the original, on the state... Swarner: Right, I think you do. Zubeck: And that is on a state plat, right here, is Mr. Mueller's property and this is an easement that was given to the deed to the first people that sold this property. There's never been a question about access to this property here. But he has his house built here on this corner... Swarner: Right. Zubeck: ...within that 30' easement. If he had to, if this, if they had to give their 30 feet also, he would have to move his house. But, when you see the Borough tax map, the most current one, they didn't show any of this. All they show is a straight line here. But, this is a state plat. Swarner: Thank you. Williams: All right, are their future questions from the council? Further observations? Swarner: Mr. Mayor, I guess I have another question. Do we have any Planning & Zoning minutes available from 1973? Sorry. Freas: I'm sure that there probably are. Evidently that wasn't looked up. Zubeck: We went back and looked at that and it's, they recommended they write a letter to Mr. And Mrs. Swires thanking them for giving them that easement and that was about the extent of it. Williams: All right. Now, you're fully familiar with the Borough's recommendation on the acceptance, I believe from their May 8' meeting, on Easement No. 2. They claim there is an alternative right-of-way being dedicated from the Buffalo Run Subdivision plat. No properties would be denied access for utilities. The Planning Commission concur with, accept the findings, and approve the vacation of a portion condition of bonds. And then they KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 10 have the City of Kenai 30 days in which they may veto the Planning Commission approval of the vacation. Is there anything in there you're in disagreement with? Zubeck: No, I mean. Actually, I don't even care about that. I mean, the only, we're building those lots down there. They're the ones that have question about having access to it and we're going to build a road to give them access. Williams: Has anyone joined us or does anyone have any other pertinent information that they may like to add to these hearings this evening? All right. Unless council has anything else to say or discuss about the matter, I think we're pretty well aware of most of the facts. The entire matter will be turned over to the administration to prepare an answer based on the council's decision and it's my understanding that answer would be forthcoming within 30 days. Does council have anything to add to that? Does administration have anything to add to that? Mr. Zubeck, closing statements? Zubeck: If anybody has any further questions, I've got all of the paperwork. I didn't bring it with me tonight, from the people that sold that property, that's in question, that shouldn't even be part of this issue. Moore: One final question, Mr. Zubeck, has this held you up in your development of... Zubeck: Yes, it has. Moore: Thanks. Graves: Mr. Zubeck, I'm sorry. Can I ask you a question? Zubeck: Certainly. Graves: On this track to Mr. Mueller's property, I think you said that there was a private driveway granted by a deed years ago... Zubeck: There is, but from what... Graves: Is that the one, you mind if show you this thing? Is it okay I get up and show this ... I just wanted to see if... I just wondered if that private road you talked about is one of these in this deed from the Cole's to Robert Moody? Is that one of the ones... KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 11 Zubeck: Yes, I've got all of the, I went to Mrs. Cole and I've got all the paperwork... Graves: Is this number one, is that the one that you thought connected to that Tract B? Zubeck: There is (inaudible)... At that time (inaudible)... I'm not sure if that's the exact one, but it's similar to it. Portion inaudible. All were talking among themselves. Williams: All right. It appears that all the testimony has been given. Ah, the questions that may have been before the council seem to have been answered. There does not seem to be any further questions from the council or the general public. As I said before, the administration will prepare the answer to the appeal within the 30-day period and with that I will declare this Board of Appeal regarding the Bill Zubeck case closed. The Board of Adjustment hearing closed at 7:31 p.m. MOTION: Councilman Smalley MOVED to call the meeting to order from the recess taken to hear the appeal of Bill E. Zubeck. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. It was noted, Councilman Bookey arrived at 7:31 p.m., immediately following the closure of the Board of Adjustment. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: SUBSTITUTE: C-11, Resolution No. 97-59 (total amount change) REPLACE: H-2, Purchase Orders Exceeding $2,500 - (Correcting "Additions to Purchase Order, Increased Balance") Councilman Bannock requested Item B-1 be removed. There were no objections. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 12 MOTION: Councilman Smalley MOVED for approval of the agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA MOTION: Councilman Smalley MOVED to approve the consent agenda as presented and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Bob Favretto - Potential Development of a Women's Prison Removed from agenda. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1755-97 - Increasing Estimated Revenues and Appropriations by $3,824 in the Taxiway Extension North Capital Project Fund. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1755-97 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: Smalley: Yes Williams: Yes Bookey: Swarner: Yes Moore: Yes Measles: Bannock: Yes MOTION PASSED UNANIMOUSLY. Yes Yes KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 13 C-2. Ordinance No. 1756-97 - Increasing Estimated Revenues and Appropriations by $10,993,472 in the Capital Project Fund Entitled "Kenai ARFF Project." MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1756-97 and Councilman Smalley SECONDED the motion. There were no public comments. City Manager Ross requested council set a special meeting at which this ordinance would be considered. Ross requested Monday, August 25 or Tuesday, August 26. Ross explained, the bids were opened and the low bid was Jansen Construction at $7.15 million; $1 million over the engineer's estimate. Jansen met with administration because they discovered errors in their bid, and based on documenting those errors, were allowed to withdraw their low bid. Ross continued, the next low bid was Alcan Construction at $7.87 million; $1.7 million over the engineer's estimate. He added, $1.3 million of the overage was in the main training building and the remainder mostly in the affluent building. $3.18 million was estimated to build the main training building and the current low bid was $4.9 million, 40% over estimate. Ross noted, administration was not advised at any time the building had escalated costs, probably because the project was so expedited that building plans were received by the city at the same time they were mailed out to bidders, which probably meant the estimators- didn't have them either. He continued, administration has requested from the engineer, Morrison Maierle, a written explanation of their rationale and justifications for the overage. When speaking with Jansen Construction, they were asked why they thought there was such a discrepancy in the bid for the main building and the engineer's estimate. Jansen listed building design and construction, multiple materials used (wood, steel, concrete) and audio-visual components (electrical and mechanical). Jansen did not mention weather, winter construction, or bidding environment. At this time, administration was submitting Alcan's bid amounts to FAA for their input. After knowing the percentage FAA will fund and their assessment of whether they feel the overages are acceptable, administration will prepare options for council to consider at the special meeting. Options would include award of the bid to Alcan to non -award. He explained, administration was not prepared to discuss options until knowing FAA's position in regard to the funding. Also, he was unable to explain, at this time, why the engineer's estimate was missed so broadly. Ross requested council to consider a special meeting for Tuesday, August 26, 1997. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 14 Councilman Bookey stated he had a major concern about the overage and asked if there was any indication from FAA of the percentage they would fund. Ross stated no, but Finance Director Semmens and Airport Manager Ernst would be in contact with FAA in the morning. Ross added, they would ask FAA what their percentage of participation would be in the total project, as well as their participation in knowing the overages they would be funding. Ross noted, what FAA would be agreeable to fund would have a lot to do with council's decisions. Councilwoman Swarner asked if the needed information would be acquired by Tuesday. Ross answered, they hoped to have it by then. Councilman Moore asked, there was quite a process to get the FAA money channeled to the city, would it be another year to get the funding or are there other provisions to deal with this amount of overage. Ross stated he would not be able to answer that question at this time. Airport Manager Ernst stated, the allocation that the FAA had already funded for this fiscal year was set at $1.68 million. What FAA was proposing was that if this project was to the point of going to bid and awarding the bid, then at the end of their fiscal year (September 30), when all the entitlement funds throughout the United States are reviewed and those that are not being used can be turned into a discretionary fund, the city would have the capability, with its priority rating of 21 (throughout the nation), to tap that fund to whatever amount. The amount would depend on what is leftover from unused AIP entitlement funds nationwide. He added, last year $25 million was leftover. He also noted, the city was 21 on the list, but because the project would have already been out to bid and hopefully awarded, the money could be channeled immediately after September 30. Ernst added, at this time FAA cannot give a hard number figure, other than what was already set aside ($1.68 million), plus the city's entitlements ($600,000 leftover from the taxiway project), plus the city's funds. Moore asked if the city is bidding a $10 million -project without having the funds to pay for it. Ernst answered yes. Williams added, there was approximately $6.08 million in the pool now, the additional $4 million would come from the remaining FAA monies. Ernst explained, the September 30 number is to funnel any excess discretionary monies to the city. As soon as he receives the hard numbers the city finally decides on, those amounts would be included in next year's grant funds. The project is a seven -scheduled project, meaning it could be phased throughout the program. He added, they had hoped the phasing would coincide with the money allocation. Ross stated, all along, this had been a scheduled project based on FAA funding. The City was aware of that and at no point did the city have all the funding for the project. It has always been contingent. Ross added, there was a possibility that after September 30, the wait for the scheduled money may not be needed and enough to cover the entire project may be received from the leftover entitlements (discussed earlier). FAA has given the city assurances all along, but they were looking at the worst -case scenario in the rest of the funding taking place in the new year. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 15 Ross added, what Administration would be discussing with FAA would be the new numbers, based on the overages, and the percentage of funding they will do with those numbers. Ross assured Moore, the project had always been scheduled, contingent on funding. C-2a. Motion to Postpone for Special Meeting Action C-2b. Schedule Special Meeting MOTION: Councilman Measles MOVED to postpone (action on Ordinance No. 1756-97) until next Tuesday (August 26, 1997). Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Councilman Measles advised council he would be out of town on both August 25 and 26, 1997 and unable to attend the special meeting. C-3. Ordinance No. 1757-97 - Increasing Estimated Revenues and Appropriations by $1,237 in the General Fund for the Purchase of a Playground Slide. MOTION: Councilman Bannock MOVED for adoption of Ordinance No. 1757-97 and Councilman Smalley SECONDED the motion. There were no public comments. Councilman Bannock explained, the Rotary funds for the slide were a portion of rose sale monies the club had raised. VOTE: Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. C-4. Resolution No. 97-52 - Formally Accepting FY98 Municipal matching Grant Number 98/587-4-001 From the State of Alaska, Department of Administration in the Amount of $147,180.00 for a Water Quality and Quantity/Development Program, and Accepting the Conditions of the Grant Agreement. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 16 MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-52 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-5. Resolution No. 97-53 - Transferring $1,835 in the Mission Street Capital Projects Fund for Engineering Services. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-53 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-6. Resolution No. 97-54 - Transferring $3,000 in the General Fund Public Works Department for Professional Services. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 97-54 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-7. Resolution No. 97-55 - Transferring $3,307 in the Airport Land System Special revenue Fund for a Gas Main Extension. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 17 MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-55 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-8. Resolution No. 97-56 - Awarding a Contract to North Star Contracting for the Project Entitled "Kenai Municipal Airport Runway and Taxiway Crack Sealing and Painting, 1997" for the Total Amount of $159,679.00 Which Includes the Basic Bid and Alternates A, B, and C. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-56 and Councilwoman Swarner SECONDED the motion. There were no public comments. Measles asked why the two bids were so far apart. Ross explained, upon review, administration believed Kodiak was way out of line and North Star within approximately $600 of what was budgeted. Measles stated, North Star was in line with the cost of the last time crack sealing was done. Ross added, North Star left the room happy with their bid and felt they could do the job at that amount. Williams stated, they're finding that the projects are going out on the street so late, and there are so many other projects out to bid, contractors are not willing to bid this late in the year. Ross stated, he thought Kodiak didn't estimate the quantities accurately. Ross added, referring back to the ARFF, based on the small margin for which the Jansen bid was withdrawn, he felt their was still a tight bidding environment. Swarner asked if North Star had done other contracting for the city. City Engineer La Shot answered, North Star is an Anchorage firm and are working on the Anchorage airport. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 18 C-9. Resolution No. 97-57 - Awarding the Bid for a Cargo Van for the Building Maintenance Department to Kenai Chrysler for a Total Amount of $18,821.00. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 97-57 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Bannock requested to abstain from the vote on the resolution and Mayor Williams permitted the abstention. VOTE: There were no objections. SO ORDERED. C-10. Resolution No. 97-58 - Awarding a Contract to Randy's Glass for the Project Entitled, "Public Safety Building Overhead Door and Operator Replacement" for the Total Amount of $21,289.25 Which Includes the Basic Bid. MOTION: Councilman Smalley MOVED for approval of Resolution No. 97-58 and Councilman Bannock SECONDED the motion. There were no public comments. Councilman Bookey asked what was budgeted for the job and La Shot answered, $27,500. VOTE: There were no objections. SO ORDERED. C-11. Resolution No. 97-59 - Awarding a Contract to Miller Sheetmetal for the Project Entitled, "Kenai Recreation Center Roof Top Air Handling/Heating Unit Replacement" for the Total Amount of $48,600.00, Which Includes the Basic Bid. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 97-59 and Councilman Smalley SECONDED the motion. There were no public comments. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 19 MOTION TO AMEND: Councilwoman Swarner MOVED to amend with Substitute Resolution No. 97-59 and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. Williams read the title of the substitute resolution, noting the amount of the award changed from $48,600 to $35,720. Ross explained, Miller Sheetmetal was the only bidder and in reviewing the bid, it was found the unit he bid was not the one maintenance had in mind and compatible with all the other units. The one maintenance wanted met the specifications and in discussing it with Miller, found the unit would do the same job and is a lower priced unit. Miller researched the matter and Miller and the building inspector compiled a plan for the air handler/heating unit and for less money. Moore asked, how the bid specifications went out. Ross answered, the lower -priced unit (indicated on the substitute resolution) met the bid specifications. VOTE: There were no objections. SO ORDERED. C-12. Resolution No. 97-60 - Awarding a Contract to Russ's construction Company for the Project Entitled "Kenai Recreation Center Wood Gym Floor Repair/Refinish" for the Total Amount of $19,127.00, Which Includes the Basic Bid. MOTION: Councilman Bannock MOVED for adoption of Resolution No. 97-60 and Councilman Smalley SECONDED the motion. There were no public comments. It was noted, the last time the floor was repaired was approximately five years ago. It was also explained the repair work entailed removing the flooring where "dead spots" occur. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 8:00 P.M. RETURN TO ORDER: 8:15 P.M. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 20 ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Swarner reported the next meeting was scheduled for early in September. D-2. Airport Commission Measles reported the Commission met last week and took a tour of the taxiway project. He also reported the final draft of the Airport Master Plan would come back to the Commission at their next meeting and to council at its second meeting in September. D-3. Harbor Commission Bookey reported the minutes of the August meeting were included in the packet. He added, the Commission spent a considerable amount of time discussing the fuel prices offered at the dock to fishers. He noted, there were comments made by commercial fishers that were unhappy with the prices as they felt they were high and not competitive with the canneries. Bookey added, the Commission decided to review the prices over the winter to see if there was anything to do differently. Bookey also reported, the Commission had a lengthy discussion in regard to dipnet fishing concerns. They agree with the council in their concerns and want council to continue in the direction they are moving. sc Swarner noted an incomplete sentence in the minutes and suggested they be reviewed prior to the Commission's acceptance of them. D-4. Library Commission Moore reported the minutes of the last meeting were included in the packet, but had been previously discussed at council's August 6 meeting. D-5. Parks & Recreation Commission Bannock reported the minutes of the August 7 meeting were included in the packet. He noted, the Commission discussed a new sign for the cemetery after a presentation from a local artist interested in doing the work. Bannock also reported the Commission would take a tour of the city parks on Thursday, :august 28, 1997, beginning at 6:00 p.m. Council was invited to accompany the Commission. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 21 D-6. Planning & Zoning Commission Smalley reported the minutes of the last meeting were not included in the packet. He reported, the Commission approved a plat for the Salamatof Center; approved a re - plat for Inlet Woods Subdivision; and, approved a conditional use permit for a bed and breakfast on South Forest Drive. Smalley also noted the Commission approved a landscaping plan for the ARFF, however some comments were they felt the city should set the example for landscaping and some were upset with the plan. Continuing, Smalley reported, the Commission first heard a motion that all landscaping of city properties be done by the Parks & Recreation Department. He pointed out, that was a budget item and suggested they encourage the city council to talk to city administration in regard to their concerns of landscaping plans. Smalley also noted, one commissioner stated she thought the plan was done in the proper manner as landscaping was very expensive and when put to bid, it is costly. When the city takes on the landscaping as part of the beautification program, it is an advantage. The Commissioner also noted she felt grass and natural vegetation was landscaping. Smalley added, the Commission suggested that in the future, site plans go before them prior to the project going to bid. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Swarner reported the minutes of the August 6 meeting were included in the packet. She added, the Committee would be touring local gardens. D-7b. Historic District Board Moore reported the Board met and had a quorum. They discussed the purpose and intent of the Board and spent a considerable amount of time discussing what authority the Board had. He added, the Board may ask Attorney Graves to attend a meeting to discuss the matter further. Moore also reported, the Board discussed asking council to revise the present ordinance, what the Board's relationship was to the Planning & Zoning Commission, and their membership problems. D-7c. Challenger Board Bannock reported a meeting was held, although he was not able to attend it. He did refer to the information included in the packet which noted the 52.5 million included in the Senate budget for a science learning center in Kenai, Alaska (Alaska Challenger Center for Space, Science and Technology). He added, a Board of Governors meeting was scheduled for September 4, 1997. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 22 Ross noted he read in the paper Challenger planned to break ground in June, 1998. He suggested several council members, members of the Challenger Board and the Public Works Department form a construction committee to review and draft RFP's for architectural services. When an architect is selected, the committee would work with the architect so there will be continual knowledge of the development of the Center. He added, the project will be relying on state, federal and charitable source funding and it has been represented by council that no General Fund monies would be used for the development of the Center. He added, he would like this project to take a slower approach in order to have a handle on the cost program and what is in the bid package prior to going to bid. Williams stated he thought this a good idea. He added, in the ARFF bid there are concerns about the high-tech package of the distance learning center equipment, etc. and that is similar to concerns about the Challenger project — both projects will cut new territory. He suggested, there may be room for sharing equipment in regard to the distance learning center. Williams revisited his prior suggestion that the $68,000 coming from the state (discussed at the August 6 meeting) be granted to the Challenger Center. In his discussion with Ross, he was reminded of the city's match to the grant (approximately $30,000). He suggested eliciting from the Challenger Board an agreement to change the original agreement with the city to put up $65,000 as the supplement for the first year operating costs and substitute that for the $70,000 in state money and $30,000 in city match. If this is done, both would actually come out about $35,000 ahead. Williams requested council consider whether it would be legitimate and logical to rearrange the supplemental agreement for the first year of operation and give Challenger $100,000 and say that's the money the city promised. Ross stated, the $68,000 were capital matching grant funds and he didn't believe they could be used to donate or in support of operations and had to be used for a capital project. Semmens agreed. Ross added, he believed the funds needed to be used toward a capital project and couldn't be funneled through a non-profit. He added, he was not saying it couldn't be used for construction, etc., but had to be a part of a capital project. Williams stated, the capital project could be the building and the building would the city's. Ross, referred to Williams' comment the money would be used for operating costs for the first year. Williams stated, the agreement on the operating costs could be rearranged, moving the $100,000 off the $65,000 mark. He added, the building would be the city's anyway and putting the money into the capital project, it should work. Williams also noted, the project would be charged Davis -Bacon wages because federal funding was involved. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 23 Williams requested council to consider his suggestion and pass on their comments to him. He added, the city and Challenger would save money and the Governor would not have an objection to it. Bannock asked if the city's share ($30,000) had to be used in the same capital project. Semmens answered, typically the grants are for a specific project, or at least a specific purpose. The Legislature would be looking to the council to tell them for what the money would be spent and the city would have to pledge in the process to spend the 30% match. Bannock asked if this year's $25,000 check was sent to Challenger. Semmens answered, yes. Ross stated council would be asked, during the goals and objectives session, for their thoughts concerning capital matching grant funds because a list has to be forwarded to Juneau by October 1, what projects will be funded with the grant funds ($215,000) and city match ($90,OOOt). Ross added, that included the $68,000 (considered carry- over or balance funds). Measles asked Williams if he meant the city would take the $68,000 plus the city's matching portion, and apply it to the capital portion of the Challenger project (construction) and not fund the Challenger's first year of operation. Williams answered, yes. Williams added, they feel they've been a little slow at warming up to the private sector side of the donations due to the rearrangement of the 501(3) (c) structure in order to take foundation money. He added, there are a lot of people lining up to give money and in -kind services (Peninsula Clarion, $20,000 for public relations and advertising, Anchorage Daily News, AT&T). They feel they will be able to raise enough money to cover start-up costs. They want to further investigate an architectural rendering, pre -design, review of electronic packages, etc. with the $100,000 of which he's discussing. Moore asked what the city would be responsible for the second year. Williams answered, $30,000. Bannock added, the third year, the projection says "O." Ross asked, under the business plan, how much of the maintenance for the facility would the city be responsible. Bannock answered, the city would own the building and the maintenance. Williams requested a copy of the agreement with Challenger be included with the information for the goals and objectives session and have a copy of it forwarded to the Challenger Center. There was a question of whether there was an agreement and Bannock stated, the information was included in the business plan. Ross noted, he understood there was a resolution accepting the business plan. Williams noted, the agreement was restructured when it became apparent the city and the Challenger should separate internally. Ross added, and for budget and budget accountability. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 24 Bookey stated, there was no formal agreement between the Challenger Board and the council like what has been done with the Visitors Center (for example). Williams answered, no, but council accepted the business plan. Measles stated, he was not aware of a formal agreement spelling out the responsibilities of the city, etc. Bannock answered, he believed it would be good to have at operation time or slightly before, a formal agreement processed which would delineate responsibilities. This would make it very easy for future councils to make decisions. Williams added, that was why they wanted some written document between the groups. Bannock added, that written document now goes to year three of operation. D-7d. Kenai Visitors & Convention Bureau Board Bookey reported the next meeting was scheduled for August 25. D-7e. Alaska Municipal League Report No report. ITEM E• MINUTES E-1. Regular Meeting of August 6, 1997. Approved by consent agenda. ITEM F• None. ITEM G• OLD BUSINESS None. ITEM H: H-1. Bills to be Paid, Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 25 MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED for approval of the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1758-97 - Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for a Public Library Assistance Grant. Introduced by consent agenda. H-4. Ordinance No. 1759-97 - Increasing Estimated Revenues and Appropriations by a Net Amount of $7,145 in Three Senior Citizen Funds. Introduced by consent agenda. H-5. Discussion - Mayor's Invitation to Travel with Representatives of the Alaska State Legislature to Khabarovsk and Sakhalin. Mayor Williams referred to a letter of from Senate President Mike Miller and Speaker of the House Gail Phillips which was included in the packet. The letter invited Williams to travel to Khabarovsk and Sakhalin, September 27 through October 4, 1997. Discussion followed as to whether this would be an appropriate time for him to travel there or better to wait until later in order to promote the fire training facility. It was decided a letter be sent thanking them for the invitation, but not to travel there at this time. H-6. Discussion - City Maintenance Facility Williams stated he would like a new city maintenance facility be included in the goals and objectives work session discussions. He added, he wanted to build a new facility in 2000 as the present building is 30 years old and some of the city equipment is unable to fit into the building without removing portions of the equipment. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 26 Williams also stated, he planned to discuss the need of a new facility during the Deferred Maintenance Task Force hearing on August 25. He added, he would also be discussing the information and slides prepared earlier, i.e. city roads, bluff erosion, etc., but emphasizing the need for the maintenance facility and the city sewer system. He noted, deferred maintenance is not only maintaining existing facilities, but building new facilities as well. Williams went on to say, the city has done well at keeping buildings maintained, but the city would be remiss in not including the $5 million that will be needed for the upgrade of the Sewer Treatment Plant. He will base his discussion on the need for a new maintenance facility on the state's dependence that the city operates the airport and takes a large responsibility from their shoulders. He added, the maintenance of the airport is handled by large equipment which must be maintained and because the airport serves the needs of the city and the city is a service city, he believed a new maintenance facility fits into the deferred maintenance category. Swarner asked which streets he will be discussing and Williams answered, Wildwood Road was on one of the slides (which is a state road) and two of the slides were of the bluff erosion. Swarner stated she believed city parking lots needed a large amount of attention and indicated the Recreation Center parking lot repair was definitely deferred maintenance. She added, before the maintenance facility, she would want dipnet fishery facilitieslisted. Swarner noted she understood Williams' thought that the maintenance facility was a deferred building and definitely needed, but didn't how that would fit into the state funding. Williams stated he was not sure they should address the state's responsibility in regard to the river and thought the city should ban dipnetting altogether. Swarner also noted, the heating in city hall was a deferred maintenance. Measles commented, the heating system in city hall was a problem when the building was built. Ross noted, the original letter from AML left deferred maintenance within communities wide open. He was contacted by the Borough the day the information was due in Juneau and was told this was supposed to be a state legislative committee and were wanting borough and municipalities to list what the state had not done to properly maintain their infrastructure in individual areas. Based on that, several of the communities and borough were going to present roads, infrastructure, etc. instead of their own AML request for needs of buildings. Since then, Williams had had his conversation with Mayor Navarre and felt it was up to the mayor and council to decide the issues they wanted to present. Williams added, he would be requesting funding be placed in the next budget to have plans for a maintenance facility readied for when money came available. Bookey stated he agreed, but was concerned that if they present something for deferred KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 27 construction instead of deferred maintenance, the city may not be included in the program. He added, he wouldn't have a problem as long as the city would be kept in the deferred maintenance program. Swarner asked the estimated cost of a new maintenance facility. Williams suggested $2 million and cost of architectural plans would be approximately $200,000. H-7. Discussion - ARFF Photo Series Williams reported he had been approached by Bill Grimm, a local photographer who wants to do a photographic series (at city expense) on the ARFF building, from bid opening through the actual opening of the building. Williams thought it would be a good idea. Smalley suggested there were city employees who could take photographs. Williams stated, he has often asked for photographs of various city projects, etc. and they are not available. Swarner stated she saw no need for the professional photography. Williams stated he invited Grimm to attend the special meeting to make a presentation. E� 'UTIVE SESSION - None Scheduled. ITEM I: ADMMSTRATION REPORTS Mayor Women's Prison - Williams asked council their opinion of approaching the state to build a 200-bed women's prison in the city, noting the possibility of the Highland facility being expanded would alleviate the need. Swarner asked if a specific site had been suggested. Williams answered no. Swarner asked if funding had been discussed. Williams answered, no, and suggested the city could build and lease a building, like it did with the court house. Williams added, he has discussed the possibility of building it at Wildwood with a city revenue bond. Attorney Graves stated, administration contacted Bond Counsel Klinkner and were told that it would be possible to use revenue bonds, if certain criteria were met. Semmens added, the criteria included: (1) does the city have corporate power to build the facility within the city limits of Kenai? If yes, then (2) if it is decided to build the facility outside the city, would the city be usurping Borough powers? Semmens stated he was not aware of any. And (3) is the project for a public purpose to benefit the citizens of the city, since they would be putting up the bond? Williams suggested such a facility could be built further out Marathon Road. Measles suggested it may be advantageous to the state to have a women's facility and the KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 28 Wildwood facility within the same general area. Swarner asked if the city furnished water and sewer to Wildwood. Answer was, only to their property line. Williams added, that was why he thought the state would put in money to build an airport maintenance facility because of the large amount of state people using the airport facility. Measles asked if the state had a standard design or have they indicated what it would cost to build a 200-bed facility and what amount in bonds would they be considering. Ross suggested $16-20 million. Smalley stated he would like to continue looking into the matter for discussion purposes. I-2. City Manager Golf Course - Ross reported he received a letter from Don Morgan, lessee of the golf course in regard to real property taxes. Ross explained, the city owns the buildings, greens, etc. and at the time of the lease, there was an understanding or misunderstanding about taxation of the real property. Ross believes that is a resolved issue. However, the lease has escalation clauses in it and in the last few years the Morgan's have paid $5,000 a year, per property, to lease the facility in which they have invested about $800,000 of their own money. Ross told Morgan he would be willing to discuss with council (at their next meeting), the equity involved, looking at their figures, and instead of requesting another rate increase (which would possibly put the golf course at a disadvantage to a neighboring course), look at the fact the city is using the facilities for its winter recreation program. With that, Ross added, he would prepare a recommendation that the lease rates are frozen at the present rate, since the city is using the facilities for its programs. Over the term of the lease, the rate was to escalate to $10,000 per property.) Ross explained, an amendment to the lease would be prepared for council consideration at the next regular meeting to freeze the lease rate at the existing rate, which would in turn be an acknowledgment the city is using the properties for other recreation purposes other than golf course. Multi -Use Skating Facility - Ross reported he met with Mike Navarre, Rick Baldwin and Nate Kiel in regard to the skating facility. They reviewed several sites, one he felt was unacceptable (across from (BOR)land that would be sold as lots along the golf course). Ross continued, Navarre feels very confident he can work out a deal with the Borough and Mental Health to acquire the land by the high school. The city would then sell its lots and try to dedicate that land and use the money to develop on that property where there is already infrastructure, parking lots, etc. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 29 Ross noted, the ball was in the user's court and they needed to come forward with a footprint to know the size of property needed, etc. He added, a purchase order will before council on September 3 for survey and platting costs of the (BOR)land in order to get it before the Borough at their October meeting. DEC Issues - Ross reported he met with the Commissioner and they walked the airport and discussed the problem of pulling piping and destroying the airport. The Commissioner met with staff and they subsequently talked with Ross. Ross added, he did not think the tank would be pulled this year, but will be next year under the new regulations (which city had proposed). Ross noted, the city was still very firmly on its position (and he felt DEC was leaning to the same), the piping would be left in place. Ross continued, they have submitted a proposal to do Phase H, sinking the walls deeper and getting more data. He did not anticipate any more than that taking place on that project this year. Ross also reported, when he came to work as city manager, there was a bill from DEC for several thousand dollars of which he did not agree. After analysis of the bill, the city felt DEC was entitled to $294 and offered that as a settlement and DEC accepted it. Bluff - Ross reported, they were still working on the bluff asphalt, picking it up as it migrates away from the toe. He added, they believe they have Fish & Game on board for the pilot project that Mr. Nelson developed and presented to the Harbor Commission (in concept). They are considering doing it in that location and will submit it as a grant request to Alaska Science & Technology. Ross added, he didn't know what the cost would be, but would bring it to council later this winter. He added, he also was not aware of what the city's match would be. however he suggested it could be $30,000-50,000. Dipnet Fishery - Ross reported he would meet with Dave Nelson of Fish & Game in regard to proposed language for a letter requesting an agenda change for the upcoming Fish Board meeting. He added, the letter would be restricted to the city's argument that there was unforeseen consequences as a result of the dipnet boundary on this side of the river. The letter will request a discussion item be added to the agenda to change the boundary of the dipnet fishing area. Dairy Queen Lease - Ross reported the lessee of the Dairy Queen submitted a 60-day notice to quit the lease. Ross added, he had reviewed the file and would submit an ordinance for council's consideration to declare the property surplus with no public need and would give council the option of putting the property on the market through the winter. If there is no interest in purchase through March, council would then have the option of requesting proposals for the lease of the property. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 30 Ross added, he didn't think it was necessary to send the matter through Planning &. Zoning. However, he suggested council could decide that during their discussion at the next council meeting. City Hall - Ross reported he had a meeting with two out-of-state contractors who wanted to talk to him about corrosion control for city hall. He declined their proposal. I-3. Attorney Attorney Graves reported he received a letter from Kathryn Gouyton of the Division of Retirement and Benefits for PERS who requested minutes of the council work session at which council rejected the applicants for the permanent position of city manager and set late fall (October) to begin the search again, and Ross's contract as Interim City Manager. Another letter was received from Gouyton indicating that if Ross was still city manager as of November 17, they would terminate his PERS benefits. Graves explained, he wrote back and sent the requested information as well as told Gouyton he considered her letter as an ultimatum that the city terminate Ross' contract. He informed her the council would make the decision of whether to remove the city manager position from PERS, and not the state. Graves added, he also informed Gouyton that he would recommend to council they remove the city manager position from the PERS system which is allowable by state statute. Further, if council wanted to remove the position from the PERS system, he would prepare an ordinance for introduction at the next regular council meeting. The ordinance would state that council, by resolution would determine whether the city manager position would be in PERS. In that way, council could opt out by resolution and when a permanent city manager is hired, council could opt back in if that city manager chose to be in the PERS system. Graves continued, he asked Gouyton to reconsider her decision and as yet, had not heard back from her. Moore stated, the city manager is not an employee. Graves explained,. PERS considers the position an employee. He added, the city does not consider the city manager position as an employee as Ross has a professional services contract. Graves continued, the simple way to handle the matter is for the city to opt that position out. The PERS statute gives the city that authority and PERS cannot contest it. Smalley asked if there would be a money penalty for Ross if the council opted him out of PERS. Ross answered, if PERS attempted to make him an employee, he would consider it council's ten day notice of his resignation of the position. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 31 Smalley requested city administration draft an ordinance stating the council, by resolution, will determine whether or not the city manager is in the PERS system. I-4. City Clerk Clerk Freas reported the period for acceptance of council candidate nominating petitions had closed. Three petitions were filed and found sufficient. The three candidates for two council seats (for the October 7 election) were: H. Raymond Measles, Harold "Hal" Smalley, and Donald L. McCloud. I-5. Finance Director No report. I-6. Public Works Director No report. I-7. Airport Manager No report. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Bookey - No comments. Swarner - Reminded council of the AML Board Meeting/ Alaska Conference of Mayors dinner to be held at the Senior Center on Wednesday, August 27 and will begin at 6:00 p.m. Moore - Questioned the progress of the ice rink discussions. Ross explained, they were waiting for the interested group to bring forward a foot print. He added, Mayor Navarre represented to him that he has an understanding and good relationship with Mental Health and the Borough land situations. He believes he can develop a way for the city to pick up the piece of property the city needs. At this time, it is the group's place to bring it forward. KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1997 PAGE 32 Measles - No comments. Bannock - Stated he was impressed to see the enplanement report and noted the July, 1997 figure is the largest monthly figure since 1983. Smalley - Stated the Planning & Zoning Commission discussed the Land Use Table and council's request for a work session. He added, they appreciated council's comments and were looking forward to the work session. Smalley also reported he had been contacted by a constituent from Thompson Park concerning water/ sewer hook-ups. He met with the individual and recommended she contact the city attorney and city manager on the issue and encouraged her then to come to council if she was not satisfied with their recommendations. Williams - Referred to Bannock's comments about the airport and added, he didn't think the city was doing itself justice in regard to the use of the airport because along with the person traveling, there are one or two people who come to the airport to see the traveler off or welcome them to Kenai. He estimated the amount of people using the airport is more like 230,000 a year. Airport Manager Ernst stated, he always uses 500,000. Williams stated he will be using the 230,000 figure when making his presentation to the Deferred Maintenance Task Force. ITEM K• ADJOURNMENT The meeting adjourned at approximately 9:35 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk CITY OF KENAI ,. Od 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 Mid, 11111, 1"2 MEMORANDUM TO: Council Members FROM: John J. Williams, Mayor City of Kenai DATE: August 28, 1997 RE: DEFERRED MAINTENANCE, CAPITAL IMPROVEMENT LIST AND EDUCATION During discussions at the Alaska Conference of Mayors' meeting and AML Board of Directors' meeting, the following issues were discussed. I have listed some of my thoughts and want to discuss them with you and get your thoughts at the September 3, 1997 council meeting. Deferred Maintenance Program 1. Preparation of Maintenance Needs - Review slides, make new ones. 2. Develop NOW a maintenance schedule for all city facilities. 3. Develop replacement schedule for all city rolling stock above $10,000 replacement value. 4. Determine accurately all maintenance costs to prepare city for five years of operation, i.e. roads, roofs, buildings, pumps, generators, etc. Discuss again during September 10, 1997 Goals & Objectives Work Session. -1- Capital Improvement Program (different from Deferred Maintenance) 1. New shop and maintenance facility (Deferred Maintenance Program) . 2. Challenger Learning Center 3. Expansion of Sewer Treatment Plant. 4. Completion of present water and sewer lines within the city core area (no new extensions). 5. Paving of roads from core out. 6. Library expansion needs. 7. Prepare resolution for consideration at the September 17, 1997 council meeting and forward to Borough, Governor's Office and OMB. Education 1. Education Funding Formula Survey - Review and complete (copy attached) . 2. Gather information between September 3 and 10, 1997 (Smalley and council team - gather data from borough and city) . 3. Prepare resolution for consideration at September 17, 1997 council meeting. Fish & Game 1. Review Summary of Draft Package for a Subsistence Priority and Returning Fish and Game Management to the State (copy attached) for September 3 council meeting. 2. Prepare resolution for consideration at September 17, 1997 meeting. -2- PRESENT REQUESTS FOR FUNDING AS PRESENTED TO THE ,FERRED MAINTENANCE TASK FORCE CITY/AIRPORT MAINTENANCE FACILITY .................... $ 2,000,000 ROADS.............................................. $ 2,000,000 BLUFF...............................................$25,000,000 WATER TREATMENT PLANT .............................. $ 5,000,000 WATER/SEWER MAIN LINES .............................. $ 2,000,000 PUBLIC HEALTH NURSE MOVE ........................... $ 3,000,000 LIBRARY ADDITION .................................... $ 3,000,000 TOTAL (WITHOUT BLUFF COSTS) ................ $17,000,000 ONE TO TWO BILLION DOLLARS OVER THE FIVE YEARS ANTICIPATED COST OF DEFERRED MAINTENANCE, STATEWIDE. THE FUNDING SOURCE MAY BE THE UNAPPROPRIATED EARNINGS OF THE PERMANENT FUND COMMUNITY DIVIDEND PROGRAM. A. 50% OF ROLLING AVERAGE B. ENDOWMENT FUNDING BY CONSTITUTIONAL RESERVE BUDGET (CBR) IN THE FORM OF $2 BILLION OF WHICH ONLY THE EARNINGS MAY BE USED. PRESENT VALUE OF CBR, $4 BILLION. GOALS AND OBJECTIVES - KEEP ON TASK MILL RATE EQUIVALENT = 21.5 ALASKA CONFERENCE OF MAYORS 217 Second Street. Suite 24) Juneau. Alaska 99901 907-596-1325 FAX 463-5490 AML 1 @ ptiaiaska.net To: THE MAYOR (Please deliver immediately) From: Carolvn Floyd. President, Alaska Conference of ~Mayors Date: July 17, 1997 Re: Joint Municipal Presentation to the Legislative Deferred Maintenance Task Force (Firing Our Schools, Roads, Sewers, etc. ) Supporting the legislature's and administration's efforts to fix our public facilities will be ACoM's greatest challenge during the next year. Unless we catch up with deferred maintenance, and provide for on -going maintenance. our citizens will see a steep upward spiral in local taxes just to keep our schools open and our roads passable. A committee of ACoM has met to discuss how to best coordinate the efforts of municipalities to help the State. The first step is to give the legislature good comprehensive costs and picture examples of local deferred maintenance needs across the state. We request that you: 1. Please complete the attached survey of capital needs for your community. 2. Please send up to five slides of deferred maintenance needs in your community to AML (for example, damage from a leaking roof. or a deteriorated dock). The Alaska Conference of Mayors will create a slide presentation of local capital needs from across the state. A picture is truly worth a 1000 words. Please use the attached form to describe your slides. Please send the above information to no later than August 8th: Alaska Municipal League 217 Second St., Suite 200 Juneau, AK 99801 Phone: 586-1325 Fax: 463-5480 E-mail: kevi nrCapobox.alaska. net It is also important that each municipality be aware of the work of the Legislative Deferred Maintenance Task Force. A schedule of hearings and legislative members is attached. See you at our summer ACoM Meeting August 27-28 in Kenai to discuss this issue. C:acom:797 def mains survey ALASKA CONFERENCE OF MAYORS Summary of Existing Deferred Maintenance Needs and Other Local Unmet or Future Capital Needs for: Name of Municipality Name and Title of person completing survey Your Telephone Your Fax ACoM needs the following information from you to continue making our case to the Governor and Legislature: (Please do not worry about new exact or detailed estimates. We are looking for estimated summary information that you have on hand). Estimated Cost of Local Estimated Cost of Other Local Deferred Maintenance Unmet Capital Needs Schools $ $ Local Roads/Trails/Sidewalks/Retaining Walls/DrainageBridges'etc. Erosion Control $ $ Water!Sewer/Utilities $ $ Landfill $ $ Airport $ $ Harbors/Ports/Docks $ $ Public Safety $ $ Other $ $ Other $ $ Other $ $ You may attach a more detailed list of projects used to complete the summary form above. For questions, call Kevin Ritchie at 586-1325. Please fax to AML at 463-5480 no later than August gth or mail to AML, 217 Second St., Suite 200, Juneau AK 99801. C:acom:797 def maint survcy ALASKA CONFERENCE OF MAYORS Deferred Maintenance Slide Presentation to the Legislature and Governor Please Provide Up to Five Slides of Major Deferred Maintenance Needs in: Name of Municipality Name and Title of person completing survey Your Telephone Your Fax Please send five slides that most clearly show damage or deterioration resulting from deferred maintenance in your municipality. Please focus on basic public facilities (schools, roads, utilities. etc.) Slide # 1 Name and location of facility Description of deferred maintenance problem What are current and future impacts of failing to repair the problem (especially safety risks or future costs) ? Slide # 2 Name and location of facility Description of deferred maintenance problem What are current and future impacts of failing to repair the problem (especially safety risks or future costs) ? Please send by August Sth: Alaska Municipal League, 217 Second St Suite 200 Juneau, AK 99801 Slide # 3 Name and location of facility Description of deferred maintenance problem What are current and future impacts of failing to repair the problem (especially safety risks or future costs)? Slide # 4 Name and location of facility Description of deferred maintenance problem What are current and future impacts of failing to repair the problem (especially safety risks or future costs) ? Slide # 5 Name and location of facility Description of deferred maintenance problem What are current and future impacts of failing to repair the problem (especially safety risks or future costs)? Please send by August 8th: Alaska Municipal League, 217 Second St Suite 200 Juneau, AK 99801 C:acom:7976cf maint wrvcy Education Funding Formula Survey Completed by: Name Telephone: (Signature) To be filled out by Assembly/City Council/School Board Title Fax E-mail Each Assembly, Council, or School Board is encouraged to discuss these questions as a body. If this is not possible, individual responses will be acceptable. Please check one: _Representing the (Assembly, Council, School Board) _Representing only my individual views Please fax to 907-463-5480 or mail to: Municipality/School District Survey c/o Alaska Municipal League 217 Second St. Suite 200 Juneau, AK 99801 Due: September 10'/1997 This survey is a cooperative effort by the Alaska Mun,�Opal League, the Alaska Conference of Mayors, the Association of Alaska of School Boards, and the Alaska School Administrators Association. The state intends to revise the school funding formula. It will be to the advantage of every taxpayer and every family to get involved. The purpose of this survey- is to begin a dialogue between local governments and school districts about school funding. The goal of this process is to create a municipality/school district consensus position on major school funding policy issues involving local taxpayers and families. It may not be possible to achieve consensus on some of the issues in this survey. Please notice that all of the questions have a "no opinion" option. It is not necessary to have an opinion on each question. Using the results of this survey, a municipality/school district meeting will be held near the end of September to work to achieve a consensus position on the revision of school formula funding to be presented to the legislature and governor. If you have any questions, contact Kevin Ritchie at 586-1325. A. STATE CONSTITUTIONAL MANDATE TO "ESTABLISH AND MAINTAIN" SCHOOLS: Alaska's Constitution mandates the State of Alaska "establish and maintain a system of public schools." In defining the mandate, the Alaska Supreme Court stated, "The constitutional mandate for pervasive state authority in the field of education could not be more clear. First, the language is mandatory, not permissive. Second, the section not only requires that the legislature `establish' a school system, but also gives to that body the continuing obligation to 'maintain' the system. Finally, the provision is unqualified: no other unit of government shares responsibility or authority." (MacCaulev v Hildebrand, 1971) The current school funding formula statute establishes state responsibility for schools by defining a "basic need" amount of school funding for each school district to provide a basic level of education. The new proposed bills to revise the school funding formula do not establish a "basic need" funding level for schools. There would be an open-ended or unlimited responsibility and funding commitment on the part of local taxpayers for schools. 1. Should any proposed education funding bill clearly define how it conforms to the state's constitutional mandate for funding a basic level of education? Yes No No opinion Why or Why Not? Currently, there is a "cap" on local funding for education in relation to state funding for schools (i.e., a.municipality may not contribute more than 2'M in excess of state determined "basic need"). This provision helps define the role of both state and local government in paying for schools. It also prevents an unlimited financial responsibility on local taxpayers for funding schools. 2. Do you feel that the local funding "cap" should be removed ? Yes No No opinion Why or Why Not? B. ADJUSTMENTS FOR INFLATION, NEW STATE MANDATES, AND OTHER INCREASED OPERATING COSTS: The current statute on education funding does not provide a process for the state to increase per student funding when school operating costs increase, especially for inflation. 1. Should any school funding bill require that there be a process to increase state funding of schools to offset inflation and other statewide increases in the cost of operating schools? Yes No No opinion. Why or Why Not? 2. Salaries and benefits are the largest cost factor in the operation of schools. Would you support an annual statewide process to calculate a "baseline"for reasonable salary and benefits adjustments? Yes No No opinion Comment or explanation C. LOCAL CONTRIBUTION TO SCHOOL FUNDING: 1. LOCAL GOVERNMENT CONTRIBUTION TO SCHOOL FUNDING: Mandatory minimum local government contribution for schools is currently 4 mills of property tax (not including REAAs). However, the average local contribution by local taxpayers has grown to approximately 7 mills. The current draft bills technically require a 3 or 4 mill minimum local contribution, but also require a 7 mill local contribution to take advantage of important provisions of the formula (i.e. funding transition) . 3 a. How many mills, or the mill equivalent, is your municipality currently paying as its total local contribution? mills. b. What minimum local contribution for schools is appropriate and affordable for the long term? mills, no opinion. C. What maximum local contribution for schools is appropriate and affordable for the long term? mills, no opinion. Why? 2. REAA CONTRIBUTION TO SCHOOL FUNDING: A major issue identified across the state is the disparity between individual taxpayer funding effort in municipal school districts compared to REAAs. This issue has been discussed in great detail in legislative committee hearings and a number of proposals have been put forward. Currently, there are proposed bills to impose a 6.5 mill property tax in REAA's, and create a 3% income type tax for persons employed in the REAA areas (neither proposal would include cities in the Unorganized Borough with school districts). a. Do you feel that it would be appropriate to have some type of individual tax or tax equivalent for schools in REAAs? Yes No No opinion Why or why not? b. rf yes, what do you feel would be the fairest and most appropriate type of tax or tax equivalent for REAAs? 4 D. EQUITY OF LOCAL CONTRIBUTION TO SCHOOLS: A current proposed Senate Bill characterizes "statewide equity of local contribution" as a function of each community's "Assessed Value" divided by the number of students to be educated. That is: the greater the Local Assessed Value Per Student the greater the expected dollar contribution for education in that community. In plain language, a "poorer" community (as measured by a lower Local Assessed Value Per Student) would be expected to contribute less than a "richer " community (as measured by a homer Local Assessed Value per student. 1. Do you agree with the use of the Local Assessed Value Per Student as described above to measure a community's ability to contribute to education? Yes No 2. If no, is there another common local indicator (instead of Local Assessed Value Per Student) that could be used to provide a "statewide equity if local contribution" based on community wealth? Comment or explanation: E. AREA COST -DIFFERENTIALS (ACD) (between school districts): The ACD factors have not been revised in approximately ten rears. The ACD specifically estimates the different costs of operating schools in different areas of the state, including transportation, cost of fuel, etc. The ACD is a percentage factor by which funding for a school district is increased to offset higher area costs of operating schools. 1. Do you support an impartial statewide study, to revue "Area Cost Differentials" ? Yes No No opinion Comments: F. COMPLEXITY OF THE SCHOOL FUNDING FORMULA: The current school funding formula is considered by many to be complex and unworkable. Proposed changes completely abandon the current formula. Do you support: (check one) a) Creation of a completely new formula. b) Work with the current formula to make it less complex. c) Other d) No opinion Comment or Explain G. SPECIAL NEEDS AND INTENSIVE SEVICES FUNDING: The current school funding formula provides additional funding for: Vocational Education: Special Education (Gifted Services, Resource Services, Self-contained Services, Intensive Services); and Bilingual Education. Proposed bills would consolidate the above special funding categories into one category (except for "Intensive Services" ). Instead of funding for each category based on actual need, a uniform 20% funding increase would be given to every school district. ("Intensive Services" for students with profound disabilities would be compensated at $22,500 per year multiplied by the area cost differential factor.) Since a uniform 20% funding increase to every district simply increases overall funding, special services (except for "Intensive Services") would effectively no longer be recognized, and some school districts will receive more funding/some will receive less than current funding despite actual need. Do you support? No change in current state statutes Consolidation of all categories except "Intensive Services". Consolidation of some categories. Simplify/tighten DOE regulation/definition of categories. 0 Other No opinion Comment or explain Other Comments Please fax to 907-463-5480, or mail to: Municipality/School District Survey c/o Alaska Municipal League 217 Second St. Suite 200 Juneau, AK 99801 Due by September 10,1997 C:697 test education funding formula survey 7 Summary of Draft Package for a Subsistence Priority and Returning Fish and Game Management to the State THE BASIC PACKAGE AND LINKAGE There are two primary goals: To ensure effective state authority over fish and game management on all lands and waters of Alaska; To recognize the paramount importance of the subsistence way of life to Alaskans. Alaskans may be reluctant to amend the Alaska Constitution without knowing what changes will be made in the Alaska National Interest Lands Conservation Act (ANILCA) and the state fish and game statutes. The solution is a linked package of amendments to ANILCA, the Alaska Constitution, and the Alaska statutes. The effective date of the ANILCA amendments and the state statutory amendments will be the passage of the constitutional amendment. Voters will know exactly what is in the ANILCA amendments and the state statutory amendments when they vote on the constitutional amendment. The package will include a congressional determination that the state, upon passage of the constitutional amendment and implementation of the revised statutes, is in compliance with ANILCA and may resume fish and game management statewide. The constitutional amendment cannot be voted on until the November 1998 general election. THE STATE CONSTITUTIONAL AMENDMENT The Alaska Constitution will be -'amended to permit, but not to require, the Alaska Legislature to grant a subsistence priority to rural residents. Simultaneously, state statutes will be amended to create a rural subsistence priority and those statutes, and the ANILCA amendments, will become effective only if the constitutional amendment is passed. THE STATE STATUTORY AMENDMENTS The Alaska fish and game statutes will be amended to grant a subsistence priority to rural residents. Communities outside the current non -subsistence areas will be classified as rural on the day the state regains management. The Boards of Fisheries and Game acting jointly through regulation will have the power to change community classifications (add or delete) in the future as communities change. The state statutes will also be amended to: a. improve the proxy hunting and fishing provisions; b. provide for educational huntins and fishing permits; c. clarify the definitions of "rural' and "customary trade;" d. make clear that the subsistence prioriry is a reasonable opportunity to take, nct a guarantee of taking; and e. refine the subsistence management system, including adding a state Regional S-_bsistence Council system. ANILCA AMENDMENTS The amendments fall roughly into four categories. a. Definitions - The priority created by ANILCA is keyed to rural residency, but "rural" is not defined. ANILCA leaves the determination of what is rural to the administrative process subject to court review. In this subsistence package, a rural community or area has been carefully defined as "a community or area substantially dependent on fish and game for nutritional and other subsistence uses." In addition, "customary trade" will be defined so that subsistence taking of fish and game cannot become a commercial enterprise. "Customary and traditional," an operative but undefined term in ANILCA, will also be defined. Finally, the concept of "reasonable opportunity" will be defined to make clear that the priority is a reasonable opportunity to take, not a guarantee of taking, and that the boards must consider when harvests have traditionally occurred. b. Court Oversight - Section 807 will be amended to state the standard of review for actions of the fish and game boards ("arbitrary, capricious, or abuse of discretion") and to require the federal courts to give board decisions the same deference that would be given a federal agency decision. Adding these standards is not believed to be a change in current federal law, but the standards are not explicit in Title VIII. C. State Management - Title VIII will be amended to make it clear that the state manages subsistence on all lands and waters, whether federal, state, or private. i. Section 814 will be amended so that the Secretary of the Interior cannot make or enforce subsistence regulations while the state is managing. ii. Section 806, requiring annual reporting on subsistence by the Secretary, will be repealed, but nothing will prohibit the Secretary from reporting on subsistence activities. iii. The definition of "federal public lands" will be clarified to ensure that it excludes all private and state lands. The collective purpose of these amendments is to make clear the Secretary has no management authority while the state is managing in compliance with ANILCA. d. Congressional Seal of Approval, Noncompliance, and Neutrality on Indian Country - Section 805 will be amended (1) to declare the state in compliance with Section 805(d) when it passes the constitutional amendment and statutory amendments (see above) and (2) to make future noncompliance a court determination. A new section will be added to declare that these ANILCA changes do not affect and cannot be used to argue Indian country and sovereignty issues. This is a draft proposal written by the Governor's Task Force on Subsistence, whose members are. Governor Tony Knowles, Lieutenant Governor Fran Ulmer, Governor Jay Hammond, Senate President Mike Miller, House Speaker Gail Phillips, Alaska Permanent Fund Corporation E.recutive Director Byron Mallon, and Former Attorney General Charlie Cole. The Task Force welcomes your comments on this proposak Comments should be sent to: The Department of Law, Mail: Department of Law, P.O. Box 110300, Juneau. Alaska, 99811-0300 Fax: (907) 465-2075 E-mail. Attorney General rlaw.state.ak.us. The complete proposal from the Governor's Task Force on Subsistence is available on the Internet at www.gov.state.ak. us/Itgov/subsist/subprop.htm or by calling your local Legislar •e Information Office or the Governor's Office at (907) 269-7450. 7/17/97 The Top Seven Reasons Why Not To Embrace Federal Subsistence Management 1. The choice is not between state or federal management, it is between state (unified) management and dual management 2. A subsistence priority should apply on all lands because people and wildlife. cross boundaries. A unified management system can better protect people and the resources they depend on. 3. In many areas commercial and subsistence fisheries are necessarily linked; with federal management they will be torn apart. 4. State management enables user -to -user resolutions; federal management fosters political or government -to -government disputes. 5. In the future, as now, national agendas may not be the same as local priorities. In the face of anti -hunting sentiment, federal land managers mad not be able to protect hunting and trapping opportunities on national park and refuges. The influence of the canned salmon industry led to the destruction of many federally managed fisheries, prior to statehood. It is better not to place "all your eggs in one basket." It will be important to have protections for subsistence in both federal law (ANILCA) and in the state constitution. _ 6. Some aspects of the, federal subsistence programs that people take for granted are not actually included in ANILCA, so they could change. For example, there is no requirement for a federal subsistence board or any description of who should sit on one. There is no process identified for developing regulations to protect subsistence uses, and regional council membership is largely undefined. Unified management provides the best opportunities for Alaskans (not likely have areas closed year-round to non -subsistence users). Dual Qement reduces opportunities for many Alaskans. l Revised Fish and Game Statutes (AS 16.05) "Subsistence Act of 1997" Description of the Proposed Fish and Game Management System Prepared by the Alaska Department of Fish and Game Who would be eligible for a subsistence priority under this proposal' Rural Alaska residents may hunt and fish under subsistence regulations in rural communities and areas of the state, for fish and game that have been customarily and traditionally taken for subsistence. The Alaska Boards of Fisheries and Game identify communities and areas that are rural (AS 16.05.258(c))t. On the effective date of the proposed Act all communities and areas outside the current non -subsistence areas will be classified as rural.' Then the boards, acting jointly, will consider whether any current rural or non -rural classifications should be changed. Changes would be based on the definition of rural contained in the Act: "a rural community or area is a community or area substantially dependent on fish and game for nutritional or other subsistence uses " (AS 16.05.940(27)).3 Subsistence hunting or fishing is permitted only in rural areas (AS 16.05.258(d)). In order to be eligible to take fish or game for subsistence uses, a person must be a resident of a rural community or area (AS 16.05-330(c)). Subsistence uses are defined in the proposed Act (at AS 16.05.940(32)) in terms of "customary and traditional' uses.' ' Statutory citations are from the 7/9/97 "Draft Revised Fish and Game Statutes (AS 16.05) - Subsistence Act of 1997" Non -subsistence areas include areas around Fairbanks, the Mat -Su Valley, Anchorace, the Kenai Peninsula road system, Valdez, Juneau, and Ketehikan (SAAC 99.015). ' The list of criteria used in the 1986 subsistence law to define rural areas (and used is modified form in the 1992 law to define non -subsistence areas) has been deleted. In order to implement this portion of the Act the boards would presumably develop new criteria to use for identifying whether an area or community meets this definition. ' In the proposed Act the full definition reads: "subsistence uses" means the noncommercial, customary and traditional uses of wild, renewable resources for direct personal or family consumption as food, shelter, clothing, tools, or transportation, for the making and selling of handicraft articles out of nonedible by-products of fish and wildlife resources taken for personal or family consumption, and for the customary trade, barter, cr sharing for personal or family_ consumption... " 7/17/97 Jul9anal What subsistence uses would be protected under the proposal`' Customary and traditional (C&T) uses by rural residents, occurring in rural areas of the state, are protected by the proposed Act (AS 16.05.258 (a)). Using criteria contained in regulations, the Boards of Fisheries and Game identifies fish stocks and game populations (or portions of stocks or populations) that are customarily and traditionally taken and used for subsistence.' When and how would the subsistence priority take effect? The subsistence priority contained in the proposed Act allows subsistence uses to be reduced or eliminated only after all other uses are reduced or eliminated. An exception could allow catch and release fishing to continue so long as subsistence uses and conservation principles are not jeopardized. The priority is implemented through a series of findings made by the Board of Game or the Board of Fisheries (AS 16.05.258 (a,b)). These findings must be made before any new subsistence regulations are adopted, before any subsistence regulations are changed, and before any other regulations are adopted that may affect subsistence uses. Findings. are specific to a particular fish stock or game population: I. the board must identify the fish stocks and game populations, or portions of stocks or populations, that are customarily and traditionally taken or used for subsistence. 2. the' board must determine whether there is a sufficient quantity of the fish or game to allow any harvest. 3. if enough fish or game is available to allow a harvest (and if a customary and traditional use exists) the board must determine the amount of the harvestable portion that is reasonably necessary for subsistence uses. After making these findings the board must develop hunting and fishing regulations that provide a reasonable opportunity for subsistence uses. Other uses (sport, commercial, personal use) are allowed so long as a reasonable opportunity for subsistence use can still ' Currently the eight "C&T" criteria are: long term consistent pattern of use, seasonal pattern of use; efficiency and economy of use; the location of use; traditional means of handling, preparing, preserving, storing; handing down knowledge, pattern of sharing, use of a diversity of fish and game (5AAC 99.010). be provided. Other uses must be reduced or eliminated as necessary to assure a reasonable opportunity for subsistence hunting or fishing. Reasonable opportunity is defined in the Act as: "an opportunity that allows a subsistence user to participate in a subsistence hunt or fishery with a reasonable expectation of success. In providing for a reasonable opportunity, the board shall consider those times that fish or game have customarily and traditionally been harvested in the area for subsistence uses... " (AS 16.05.258(f)). This language links reasonable opportunity in specific terms to customary and traditional use patterns. If there is not a sufficient amount of fish or game to provide for all subsistence uses, the board is directed to first eliminate all use of fish or game for non -human consumption (e.g.: sled dog food). If following this restriction, there is still not enough fish or game to satisfy all subsistence needs, the board may limit participation in subsistence hunts or fisheries by applying criteria to determine the subsistence users with the greatest need.6 How would the uublic be involved in this system' The Act envisions a subsistence management process in which there is substantive participation by the user groups that are directly affected. Much decision making responsibility rests within a system of at least six Regional Subsistence Councils. These councils have within their purview "... any existing or proposed regulation, policy, or management plan, or any other matter relating to the subsistence use offish and wildlife within its region" (AS16.05.261(c)(3)). Each council hasten members appointed by the governor from names representing tribal councils (4 seats), other subsistence users (3 seats), sport and commercial users (3 seats). Sport or commercial representatives on the council need not be from the region represented by the council (AS 16.05.261(b)). Inclusion of non -subsistence and non -local representatives is a concept adapted from co - management principles. and is intended to foster understanding of issues and avoid e These are known as the "Tier Ir criteria, and they originated in ANII.CA. They are: (1) customary and direct dependence, (2) proximity of one's domicile to the fish or game, and (3) the availability of alternate foods. 7/17/97 Jul9anal divisiveness.' Regional councils are authorized to meet together to resolve inter -regional differences. All subsistence proposals must go first to the Regional Subsistence Councils before advancing to the boards (AS16.05.261(e)). A recommendation from the council for action by the board carries substantial weight; it can only be rejected by the board under specified conditions: if the board determines it violates sustained yield, is arbitrary and capricious, is detrimental to subsistence uses, involves an unresolved statewide or inter- regional subsistence management issue, or is contrary to an overriding statewide fish or game management interest. If a council recommendation is not adopted by the board the board must state the factual basis and reasons in writing, and the recommendation must be remanded back to the council for "further consideration". Councils are directed to strive for consensus, but may make decisions by majority vote. The incentive for unanimity is that if a council recommendation results from a unanimous vote there is a further presumption in favor of its adoption by the board (AS 16.05.261(g)). The Act requires that a Regional Subsistence Council in turn give deference to subsistence regulation proposals advanced by tribal councils, fish and game advisory committees, and other local governments (AS 16.05.261(h)). The Act includes language requiring the boards and the department, as part of the regulatory process, to "... seek data from, consult with, and make use of the special knowledge of subsistence users-" (AS 16.05.261(b)). This section also authorizes the department to contract with subsistence user groups for specialized services. This language is intended to foster cooperative and co -management agreements. ' Cooperative management and co -management principles underlie a variety of arrangements that have been developed in Alaska and elsewhere to involve government agencies and people collaboratively in natural resource management. Principles include inclusive and balanced representation on deliberative bodies, consensus building and dispute resolution, and greater local involvement in decision making. Options for cooperative and co -management structures vary widely, from public workshops, consultations, and cooperative management agreements, to partnerships and full sharing of decision making responsibility. Alaska examples include the Kilbuck Caribou _Management Plan and the Kuskokwim Salmon Working Group. What about customary trade? The proposed Act provides for the board to authorize exchange for cash of minimal, noncommercial quantities of fish or game (AS 16.05.940 (8)). The sale of furbearers is not restricted by this definition. How does the aroaosed state subsistence management system compare to the federal system ? Regulatory Boards: The proposed state system will use the state boards of fisheries and game to make subsistence regulations; although not required by ANILCA, the federal system currently uses a single -purpose subsistence board composed of the Alaska directors of five federal agencies. Regional Council Membership: Both the federal and the proposed state systems use regional councils. Under the federal system all council members must be from the region, but there is no requirement they be subsistence users. On the state councils there would be seven designated subsistence seats and three non -subsistence seats. There are ten federal councils and the state proposal would create "at least six" (this is the same language used in ANILCA). Federal council members are appointed by the Secretary of Interior; the state council members would be appointed by the governor. Deference Given by the Board to Regional Councils: The federal system allows the federal subsistence board to refuse a council recommendation if the board finds it violates recognized principles of fish and wildlife conservation, is not supported by substantial evidence, or is detrimental to subsistence. The state plan, instead of using "not supported by substantial evidence" would use the criteria "is arbitrary or capricious." Also, the state board may refuse to follow a recommendation if it involves an unresolved statewide or inter -regional subsistence management issue, or is contrary to an overriding statewide fish or game management interest. Council recommendations not adopted by the state board must be remanded back to the regional councils for further work. There is no similar federal requirement for remand to the councils. Implementing the Subsistence Priority: The proposed state Act requires that regulations provide a "reasonable opportunity" for subsistence uses, with an allocation target defined as the "amount that is reasonably necessary for subsistence uses" (AS 16.05.258(b)). Federal subsistence board procedural steps and standards are less clear. Under the 5 7/ 17/9 7 1u19ana1 federal subsistence program, subsistence uses are given a preference over non -subsistence uses when it is necessary to restrict taking to assure "continued 'Viability of a fish or wildlife population" or the "continuation of subsistence uses of such population" (ANILCA Sec. 802(2)). However, the federal board makes no determinations about harvest amounts necessary for "the continuation of subsistence uses", as is required under the state subsistence program. Without such determinations, it is more difficult for the federal board to measure the extent to which proposed limitations to subsistence bags, seasons, methods, and other provisions may continue to provide for subsistence uses. SUMMARY The state proposal for a subsistence management system, if enacted, would be a better law than previous state subsistence laws, for several reasons. It provides greater clarity in regard to board procedures. It contains a workable, common-sense definition of rural. It defines key terms, such as "rural" and "reasonable opportunity" in ways that recognize the importance of maintaining customary and traditional use patterns. It creates an inclusive regional council process with a requirement for substantive participation by tribal councils, but also recognizes the significance of consensus -building among all user groups. It recognizes the value of local knowledge in subsistence management and provides a mechanism for bringing that knowledge into the regulatory system. It moves most subsistence deliberation and problem solving from the statewide boards to the regional and local level. Cooperative and co -management principles in the proposal provide the statutory basis from which effective collaborative management systems can evolve. z z 11 O a �ooC14oco Cl) o N W LO r � COO C%L IQ O O) O Cn O O w O CA t- ch O ce) O O d9 r- EA 6% � vi EA to co m W F- F- Zq I— Z J Z J J J LL 111 1- Q Q Q m Q C7 m 0 Z J CL 2 O U Cn W j W j j � W O 0 O O O O Y O o z > OZ > > > > > J 2 O O w J U U Z Q w 0 0 W Z 0 Z Q w � CL Cl) Q ¢ 0 w W 0 O _ � = Q W W OU C) w Cl) 0 0 V% W m w U F- I— I— m 0 z ij W z Cn CA Cn Y 0 LU J F— w U � Cl) � w Q Q Q O O] 0 Z Z QQ O Q z Z z Iw— Q 0 (Z H Z LL O V 0 U O Z ¢ O U w w U U W U w Cn IL W Cl) O U< O J w W Q Q U w CL Z Q w I- w ¢ Q 00 O z Y m U 02 U U Z m 0 d-1 o 0 a) co N t0 W w U ~ LU Z CD U u' a 5- a g w W g Q J Z 0 F- 5w �o w U a LL J O 1 a O = w N O 1 x W 0 I 0o D w cn z '4-z Suggested by: City Att- CITY OF KENAI ORDINANCE NO. 1760-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA 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. WHEREAS, KMC 23.10.020(c)(1) now provides that the Kenai City Manager shall participate in the Public Employees Retirement System by applying KMC 23.40.080 to the position of City Manager; and WHEREAS, Alaska Statute 139.35.590 (Michie 1996) allows municipalities to designate which departments or classifications of employees participate in the Public Employees Retirement System; and WHEREAS, providing the Council with the option of removing the Kenai City Manager from participation in the Public Employees Retirement System will increase the ability of the City to attract and keep both interim and permanent city managers by providing greater flexibility in negotiating benefit packages; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC 23.10.020(c)(1) is amended to read: (1) City Manager. The City Manager shall perform all those duties mandated for his position by the provisions of this chapter and shall be bound or receive the benefits -of the following sections insofar as they are applicable: KMC 23.25.050 and .060(d); KMC 23.30.110(b), (c) and (d); and KMC 23.40.020, .030, .040, .060, .070, [080] .095, .100, .110, .120, and .130. The Council shall by resolution determine whether KMC 23.40.080 applies to the position of City Manager. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 17`h day of September, 1997. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: September 3, 1997 Adopted: September 17, 1997 Effective: October 17, 1997 Suggested by: Administs -4 CITY OF KENAI ORDINANCE NO. 1761-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. WHEREAS, the City of Kenai has title to the property identified 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; and WHEREAS, the Lessees of the property have given 60 days notice to terminate their lease effective October 19, 1997; and WHEREAS, the City may wish to sell the property in the future rather than lease it; and WHEREAS, KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, 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. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of September, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 3, 1997 Adopted: September 17, 1997 (8/22/97)kh Effective: October 17, 1997 ee Shore v o� ASa1e Place 10' August 22, 1997 John Williams Mayor Cityy of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Dear John: ai-Soldotna Women's Resm Psis Center j RECEIVED I AU6 2 5 1997 KENA-Ty CLERK I am writing to seek your support in asking Govemor Knowles to appoint Lynne Johnson to the Alaska Council on Domestic Violence & Sexual Assault. The Alaska Council on Domestic Violence & Sexual Assault (CDVSA) is a seven -member body established by the legislature for the purpose of planning and coordinating services for victims of domestic violence and sexual assault, their families, and perpetrators and to provide for crisis intervention and prevention programs. The Council is comprised of four state appointees from the Departments of Public Safety, Education, Health & Social Services, and Law, as well as three persons appointed by the governor. Each member serves a two-year term. The Council is the primary funding source for most of the domestic violence/sexual assault programs in the state of Alaska. For the three public appointees, the governor is required by statute to consult with the Alaska Network on Domestic Violence & Sexual Assault, which is comprised of twenty-one victim service agencies statewide, for a list of potential appointees. The Network has selected Lynne Johnson as one of several nominees for two vacant public seats. Lynne was co -sponsored for Network nomination by the three Peninsula agencies which provide victim services; the Kenai/Soldotna Women's Resource & Crisis Center, South Peninsula Women's Services, and the Seward Life Action Council. We all believe very strongly that Lynne possesses the knowledge, skills, and experience required for effective service on the Council. It is also important to us that someone from the Peninsula who knows the needs of our programs is appointed to the Council. It is critical that the Peninsula community and others who are familiar with Lynne's qualifications send letters to the governor in support of her appointment to the Council. Please be sure to mail or fax your letters to arrive in the governor's office no later than September 2, 1997. Mail or Fax to: Governor Tony Knowles P.O. Box 110001 Juneau, AK 99811-0001 FAX: (907) 465-3632 To help you prepare a letter, I have attached biographical information about Lynne and a sample letter of support. Even a one -line statement of support will suffice, if you don't have time to compose a letter. What's important is that the governor receives lots of mail supporting Lynne's appointment. Thank you! Sincerely, "161-4— Brenda G. Wieffering Executive Director Enclosures: 1. Lynne Johnson Biographical Info 2. Sample Letter 325 South Spruce Street Business Line ... 283-9479 Kenai, Alaska 99611 Crisis Line ... 283-7257 Lynne Johnson WORK HISTORY Kenai Peninsula United Way Executive Director February, 1995-July, 1997. Kenai, AK Ljohnson Consulting Services Private practice specializing in grant writing, fund raising, & board development. Proprietor August, 1993-present. Kenai, AK Kenai Peninsula Borough/Nikiski Pool Foundation Capital Campaign Coordinator, Kenai Peninsula Borough (1 year contract) President, Nikiski Pool Foundation August, 1992-August, 1993. Kenai, AK Campaign Office, University of Alaska Fairbanks Assistant to the Campaign Manager March, 1991-June, 1992 University of Alaska Foundation & Statewide Office of Development Assistant to the Director July, 1989-March, 1991 US Travel Systems/Sunshine Travel Agency Manager November, 1984-July, 1989 EDUCATION University of Alaska Fairbanks Natural Resources Management 1981-1983 Marketing/Business Administration 1989-1992 Institute of Certified Travel Agents Certified Travel Consultant (CTC) 1984 OFFICES/AFFILIATIONS • Kenai Peninsula Borough Emergency Planning Committee 1995-97 • Kenai Peninsula College Council 1993-96 • Kenai Peninsula United Way Campaign Cabinet, Loaned Executive and Allocations Committee 1992-95 • Cook Inlet Council on Alcohol and Drug Abuse Vice President, Board of Directors 1992-95 • Resource Center for Parents and Children - Fairbanks Board of Directors 1989-90 • University of Alaska General Assembly - Fairbanks SAA Vice President and Chair, Fund -Raising Ad Hoc Committee 1990-91 • Standing Scholarship Selection Committee University of Alaska Fairbanks 1989-91 Lynne has extensive experience in grant awards/funds administration at both the University of Alaska Foundation and the Kenai Peninsula United Way. She has served on volunteer boards and as the Executive Director of the Kenai Peninsula United Way, so understands the roles of each and how to effectively manage a non-profit agency. Lynne has twelve years of management and supervisory experience, and has also written grants and worked as a professional fund raiser. She has direct experience in awarding and administering grants for three domestic violence/sexual assault service agencies on the Kenai Peninsula — the Kenai/Soldotna Women's Resource & Crisis Center, South Peninsula Women's Services, and the Seward Life Action Council. Lynne has demonstrated an excellent understanding of the cause, effects, and dynamics of domestic violence & sexual assault. She is very sensitive to the needs of victims and is committed to providing the best possible services for victims and their families. Based on her experiences living in Fairbanks, Kenai, Nome, and Juneau, Lynne is capable of representing the needs of victims state-wide and is able to understand the needs of both urban and rural communities. Lynne has spent much time with the Kenai Peninsula domestic violence/sexual assault agencies, and will make serving on the Alaska Council on Domestic Violence & Sexual Assault a top priority. SAMPLE LETTER August 22, 1997 The Honorable Tony Knowles P.O. Box 110001 Juneau, AK 99811-0001 Dear Governor Knowles: I am writing to express my support for appointing Lynne Johnson to a public seat on the Council on Domestic Violence & Sexual Assault. I have know Lynne for 3 years, both as a United Way Volunteer and subsequently as the Executive Director of the Kenai Peninsula United Way. During that time, Lynne has demonstrated a strong commitment to meeting the needs of victims, as well as an excellent understanding of the issues of domestic violence & sexual assault. She has visited our agency numerous times, provided public education and outreach, and even helped us paint the shelter last summer. Lynne has proven to be a strong, capable leader of her agency. She is a quick study who understands community and agency needs, and takes action to see that those needs are met She has demonstrated an excellent working relationship with the United Way board of directors and has been instrumental in implementing programs such as the Day of Caring throughout the Peninsula. Lynne is also a very articulate, intelligent woman who models direct and respectful communication in both her professional and private life. She has dealt with tough issues in a way which demonstrates honesty, tact, and integrity. I have observed Lynne to also deal with the United Way member agencies fairly and with full support, and expect that if appointed to Council, will interact with Network programs in the same way. Lynne would bring a broad range of skills and experience to the Council. She has lived and worked in different geographical areas of the state, including Nome, Fairbanks, and the Peninsula. She has worked for nonprofits on both staff and boards, and has experience as a grant writer, grant recipient, and grant maker. She has been an Executive Director, and has also has worked as a consultant who provided board development and other services for nonprofits. Another plus is that Lynne has recently relocated to Juneau and will be readily available to educate the legislature on victim issues. I wholeheartedly endorse Lynne Johnson for appointment to the Council and know she will honor Alaska's victims by doing everything in her power to keep them safe and hold their abusers accountable. Please appoint Lynne Johnson to the Council. Sincerely, Brenda Wieffering Executive Director CITY OF KENAI 4 - � It GdeZPZW 4 4&&&a 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 FAX 907-283-3014 ah IIII�I 1"2 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: August 28, 199 RE: ELECTION WORKERS Below is a list of people who have consented to work as Precinct Election Board Members for the October 7, 1997 Regular City of Kenai Election and Borough Election. They are: PRECINCT NO. 1 Ruth Malston, Chair Mary Quesnel Kathi Dutcher June Harris PRECINCT NO. 3 Loretta M. Lunn, Chair Barbara J. Hultberg Shirley Denham Marge Seymour (Paul H. Lunn, Sr - Alternate) PRECINCT NO. 2 Margaret Morris, Chair Judy McDonald Tammy Franklin Susan Hewlett PRECINCT NO. 4 Kathleen A. Beck, Chair Kathy Burton Carol Segura Vesta Leigh Does Council approve the above -listed names as precinct board members for the October 7, 1997Regular City of Kenai Election? clf CITY OF KENA 14- 17 Gil q 4"c4.& 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 �r.ioan ,III�i Memorandum Date: August 25, 1997 To: Mayor and Council From: �,, / Richard A. Ross, City Manager O �'v RE: Golf Course Leases Attached is a proposed lease amendment to the Kenai Golf Course leases. Also attached are copies of the portion of the leases to be amended. It revises the leases so that the two properties on which the course is situated will each lease for $5,000 per year through the initial term of the leases. The following information is provided for your consideration as justification for this revision. 1. The Kenai Golf Course is a municipally owned golf course which was constructed at the total expense of Richard Morgan. The original leases clearly state the City of Kenai owns all facilities except for the personal property on site. 2. The Kenai City Council approves and sets the fees for the golf course. 3. While it was not contemplated in the drawing up of the leases, Mr. Morgan was found to be liable for and does pay taxes on the leasehold interest for this City owned propern-. 4. In 1996, the City of Kenai exercised its option under the leases to use the property and facilities as part of its winter Recreation program. The Parks and Recreation Depar-=ent has determined that it was a very well used and beneficial program which will be continued and further developed. The City's use of these facilities for its winter recreation program constitutes a use projected at five months of the year. This is a longer period than it is used for golfing. As you are aware from having addressed the setting of golf fees, the Morgan's have not received a reasonable return on their financial investment. The Administration supports their request that the proposed revision of the leases is an equitable means of dealing with the lease and taxation issues on lands we are now using for our own recreation program. Attachments RAR/kh AMENDMENT TO GOLF COURSE LEASES I. That certain lease dated June 7, 1985, and recorded at Book 265, Page 720, the CITY OF KENAI, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611 and CHARD I. MORGAN, subsequently assigned to the Morgan Family Limited , P. O. Box 1101, Kenai, Alaska 99611, encompassing the following property in the Kenai Recording District, Third Judicial District, State of Alaska, and referred to as Parcel A: Commencing at the Northeast Section comer of Section 3, Township 5 North, Range 11 West, S. M., proceed South, along the section line between Sections 2 and 3, 200.00 ft. to the Point of Beginning, comer No. 1; thence South, along the section line, 1121.66 ft. to the North 1/16 comer common to Sections 2 and 3, comer No. 2; thence West, along the North 1/16 line of Section 3, 2651.68 ft. to the CN 1/16 comer of Section 3, comer No. 3; thence North, along the north -south 1/4 line of Section 3, 1121.66 ft. to comer No. 4; thence East 176.43 ft. to corner No. 5; thence N25°30'31"W 221.60 ft. to the north section line of Section 3, comer No. 6; thence S89°56'00"E along the section line 1244.97 ft. to E 1/16 comer on the north section line of Section 3, comer No. 7; thence S00m 04°00nW 200.00 ft. to comer No. 8, thence S 89°56'00"E, parallel to the north section line of Section 3, 1325.48 ft. to comer No. 1 the Point of Beginning, containing 74.0 acres more or less. Described parcel is subject to a 50 ft. public access easement along and juxtaposed the north and east section lines of Section 3 incorporated by reference herein is hereby amended to reflect that pursuant to Article of such lease, the Kenai City Council and the Morgan Family Limited Partnership have to amend the lease rate as follows: 1) the lease rate for the " Eleventh [Year] Remainder of Initial Term" to $5,000 per year; and 2) the lease rate for any ^�ry R. Graves 'HA"0O1ey "Additional Term of Lease" shall be amended to be as agreed to by the parties. CITY OF KENAI 210 Fidalgo Avenue Kenai. Alaska �11_T,9 AMENDMENT TO GOLF COURSE LEASE - Page 1 of 4 (90" 283 344, FAX (90r 28 :3'014 Cary R. Graves City Attomey CITY OF KENAI 210 Fdwgo Avenue Suite 200 Kenai. Alaska 99611-7794 (907)283-3441 FAX (907) 283-3014 II. That certain lease dated May 28, 1987, and recorded at Book 311, Page 134, between the CITY OF KENAI, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611 and RICHARD I. MORGAN, subsequently assigned to the Morgan Family Limited Partnership, P. O. Box 1101, Kenai, Alaska 99611, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska, and Ireferred to as Parcel B: Commencing at the North 114 comer of Section 3, Township 5 North, Range 11 West, S. M., proceed South along the north - south 1/4 line of Section 3, 200 ft. to the Point of Beginning, comer No. 1; thence South, along the north -south 1/4 line, 1121.66 ft. to comer No. 2; thence N89°56'19"W, along the N 1/16 line of Section 3, 2090.18 ft. to comer No. 3; thence NOO°00'28"W 384.66 ft. to comer No. 4; thence N55°52'44"E 559.28 ft. to comer No. 5; thence NOO°00'28"W 421.00 ft. to corner No. 6; thence East, parallel to the north section line of Section 3, 277.12 ft. to comer No. 7; thence North 200.00 ft. to the north section line of Section 3, corner No. 8; thence East, along the section line, 60 ft. to comer No. 9; thence South 200.00 ft. to corner No. 10; thence East, parallel to north section line of Section 3, 1290.16 ft. to comer No. 1 the point of Beginning, containing 47.0 acres more or less. Described parcel is subject to a 50 ft. public access easement along and juxtaposed to the north section line of Section 3 incorporated by reference herein is hereby amended to reflect that pursuant to Article III of such lease the Kenai City Council and the Morgan Family Limited Partnership have to amend the lease rate as follows: 1) the lease rate for Parcel "B" from the ninth to the remainder of the initial term shall be $5,000; and 2) the lease rate for any "Additional Term of Lease" shall be as agreed to by the parties. AMENDMENT TO GOLF COURSE LEASE - Page 2 of 4 LESSOR: CITY OF KENAI Richard A. Ross City Manager LESSEE: MORGAN FAMILY LIMITED PARTNERSHIP By: Donald R. Morgan, Managing Partner R. Graves y Anomey CITY OF KENAI 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 _-AMENDMENT TO GOLF COURSE LEASE - Page 3 of 4 � (907)283-3441 FAX (907) 283-3014 LE Richard I. Morgan, Individually Cary R. Graves City Attorney ;TATE OF ALASKA ) ) ss. CHIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of August, 1997, DONALD R. 9ORGAN, Managing Partner of the Morgan Family Limited Partnership, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the Foregoing instrument. Notary Public for Alaska My Commission Expires: iTATE OF ALASKA ) ) ss. CHIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of August, 1997, RICHARD I. GAN, being personally known to me or having produced satisfactory evidence of fication, appeared before me and acknowledged the voluntary and authorized tion of the foregoing instrument. Notary Public for Alaska My Commission Expires: ATE OF ALASKA ) ) ss. IIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of August, 1997, RICHARD A. SS, City Manager of the City of Kenai, Alaska, being personally known to me or ing produced satisfactory evidence of identification, appeared before me and nowledged the voluntary and authorized execution of the foregoing instrument on alf of said City. Notary Public for Alaska My Commission Expires: CITY OF KENAI j 210 Fidalgo Avenue Kenai. a ska Suite 20611.7794 AMENDMENT TO GOLF COURSE LEASE - Page 4 of 4 (907) 283-3441 FAX (907) 283-3014 I TIM ROGERS Space for future surfaced parking for additional cars and an overflow parking area, in accordance with parking requirements of the Kenai Zoning Code, shall also be provided in close proximity to the clubhouse. Planning shall include a surfaced access and entrance road to the above -mentioned parking areas from Lawton Drive. 6. Watering System. A watering system of sufficient capacity will be provided for all tees and greens. B. Lack of Facilities. LESSEE shall be responsible for costs of any improvements on the premises, including but not limited to roads, water and sewer. CITY agrees to extend water and sewer mains along Lawton Drive to the proposed access road location serving the clubhouse building site and provide the appropriate stub outs. Said construction shall be completed by July 1, 1986. C. The LESSEE agrees that the golf course and the other improvements provided for herein shall be equally available to all members of the general public without discrimination. Any discrimination by the LESSEE in the dispensing of food and beverage as provided for herein or in the use of any golf facility hereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease. Signs advertising the golf course shall indicate that the facility is open to the general public. D. The LESSEE agrees that he will not discriminate against any employee or applicant for employment, to be employed in the performance of this Lease with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona Pied occupational qualification or because of race, sex, religion or national origin. LESSEE understands that any such discrimination shall be deemed to be a material breach of this Lease. Lessee shall pay to the CITY for the use of the Premises the following rent for each nine -hole course constructed: Operating Annual Season Rent -ell First $ 500.00 Second through Fifth $ 1,000.00 Sixth through Eighth $ 2,500.00 Ninth and Tenth $ 5,000.00 Eleventh through remainder of initial term $ 7,500.00 Additional Term of Lease $10,000.00 LESSEE intends to apply for two beverage dispensary licenses and the LESSOR hereby gives its non -objection, provided LESSOR is named on the Licenses and is indemnified against any loss as hereinafter provided. For the purpose of this Lease, "operating season" shall mean the period of time in any calendar year commencing on the date when LESSEE shall open its facilities for .:se and enjoyment by the public and ending on the date when the LESSEE shall close its LESSEE shall pay to the City as rent .�r the use of the Premises the following: Operating Season Annual Rent First $500.00 Second Through Fifth $1,000.00 Sixth Through Eighth $2,500.00 Ninth and Tenth $5,000.00 Eleventh Through Remainder of Initial Term $7,500.00 Additional Term of Lease $10,000.00 For the purpose of this Lease, "operating season" shall mean the period of time in any calendar year commencing on the date when LESSEE shall open its facilities for use and enjoyment by the public and ending on the date when the LESSEE shall close its facilities to the public. The required minimum "operating season" shall be from June 15 to October 1 of each year unless otherwise agreed to by the Kenai City Council. LESSEE agrees that all articles sold or used under this Lease shall be of good quality and shall be subject to the approval of the CITY. For the initial two years of operation, commencing with the 1988 season, green fees shall not exceed five dollars ($5.00) per person for nine holes of golf. Green fees subsequent to the first two years of operation shall be set at the sole option of the Kenai City Council upon petition of successful bidder. LESSEE may charge reasonable fees for other uses during the golf season upon approval of Council. The premises under this Lease are owned by the CITY. However, it is contemplated that LESSEE shall be subject to taxation upon all personal property owned by LESSEE and used on or in connection with the leased Premises. LESSEE covenants to pay any taxes as may be lawfully assessed against such personal property. ARTICLE IV Possession and Maintenance LESSEE shall have sole possession of, and responsibility for maintenance of the Premises, including all improvements constructed thereon. The CITY shall have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of the Premises. The degree of maintenance shall be in keeping with other golf courses. The CITY, through its City Manager, shall have the right to require that the Premises and improvements thereon meet general standards of other municipally -owned and operated golf courses. The CITY shall advise the LESSEE in writing of any deficiency in maintenance of the Premises. The deficiency shall be corrected within thirty (30) days, or within an appropriate period as may be otherwise agreed. ARTICLE V Operation iiA. in its operation on the leased rem ses. LESSEE snail TIM ROGERS CITY OF KENA �, 9 ►► &I 4 Aaaw&,.. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 an 1"2 Memorandum Date: August 28, 1997 To: Richard A. Ross, City Manager From: Kim Howard Administrative Assistant RE: Assignment of Lease - Wedge Dia-Log, Inc. to Robert J. Johnson The lease between the City and Wedge Dia-Log, Inc., states the lessee shall not "assign his lease or permit or any part, nor let, nor sublet, either by grant or implication, the whole part of the premises or any part without written consent of the City." Wedge Dia-Log, Inc. is requesting Council's approval of the attached Assignment of Lease to Robert J. Johnson. Council approved a sublease to Johnson on December 18, 1996. Johnson is using the property for a specialty automotive center (refurbishing cars, pinstriping, detailing). He is expanding his business to include painting airplanes. This use meets the zoning code and the Airport Master Plan. The property is located on Willow Street and is shown on the attached map. The lessee is current in lease payments and property tax on this property. The City Attorney has reviewed the document and has no objections. If Council approves the Assignment of Lease, a Consent to Assignment of Lease can be prepared for your signature. Attachments /kh ASSIGNMENT OF LEASE This assignment, entered into between WEDGE DIA-LOG whose address is P.O. BOX 540069, GRAND PRAIRE, TX 75054-0069, hereinafter referred to as the Assignor; and ROBERT J. JOHNSON, whose address is P.O. BOX 2750, KENAI, AK 99611, hereinafter referred to as the Assignee. Assignor does hereby assign and transfer all of their interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI, as Lessor, dated May 23, 1967, and recorded in Book 27, page 16, Kenai Recording District, and covering the following -described property: Lot Five (5), Block Five 15), according to the Plat of GENERAL AVIATION APRON, filed under Plat No. 73-68, in the Kenai. Recording District, Third Judicial District, State of Alaska. To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignees agree to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereto set his hand and seal this day of August, 1997. STATE OF TEXAS )ss. COUNTY ASSIGNOR: WEDGE DIA-LOG, INC. BY: RON SCOTT, President ASSIGNEE: ROBERT J. JOHNSON THIS IS TO CERTIFY that on this day of AUGUST, 1997, before me appeared RON SCOTT, President of WEDGE DIA-LOG, INC. to me known and known to me to be the person named in and who executed the above document and acknowledged to me that he did sign the same voluntarily and authorized execution of the foregoing instrument on behalf of said WEDGE DIA-LOG, INC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal, the date and year first written above. Notary Public in and for Texas My commission expires: STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of August, 1997, before me appeared ROBERT J. JOHNSON, to me known and known to me to be the person named in and who executed the above document and acknowledged to me that he did sign the same voluntarily and of their own free will for the purposes stated herein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal, the date and year first written above. Notary Public in and for Alaska My commission expires: AFTER RECORDING, RETURN TO ASSIGNEE HEREIN TRACT II 12a `� E'FLOAT PLANE RD rso sY �U6 \ I �►4�•.` 8 -4� AF°� s rA4cr CEMETERY \\ WELL qjSFRVF r \ C I $/ 7C I �b� 1 m � /1, •� O w< Witt car' I row 3 . , ,3 _ ��� .i v1* 3 . fit' •' • ' ::. y Witt OW a t� / - \sr �• aX �Vp E CIL T t,,t. - E�0 � -'�� - "`:`- - • �' �'rt2 colt vAr , AREAS S O 40 ' 1 Cook Inlet A c a d e m Educating for Eternity Rick Ross City Manager Kenai, Alaska 99611 Dear Sir: Member L=Fn— y RECiEIVED AUG 1 S 19,97 CITY ADMIN. OF KENAI 8/15/97 Last fall Cook Inlet Academy approached the Kenai City Council with a proposal to borrow four sections of portable aluminum bleachers. The sections we were interested in borrowing were from the recreation area west of the airport. The council allowed Cook Inlet to borrow the bleachers from September to May of last year. This worked out very well for our new gym and was greatly appreciated by our school staff and families. At this point in time we have not been able to raise the funds needed to purchase bleachersfor our school gym. Would it be possible once again for Cook Inlet to use the four sections of bleachers from September to May? We would be completely responsible for all moving, upkeep, and liability while the bleachers are in our possession. Please let us know if this would be acceptable. If you have any questions please feel free to call me at 262-5101. Th , Blair Emery Administrativ ssistant Ono 46719 Kalifornsky Beach Road • Soldorna, Alaska 99669 •907 262 5? 01 • Facsimile 2621541 i I AGREEMENT FOR LOAN OF BLEACHERS Whereas, Cook Inlet Academy (CIA), 4617 Kalifornsky Beach Road, Soldotna, Alaska 99669 has requested the City of Kenai (City), 210 Fidalgo, Suite 200, Kenai, Alaska 99611, loan it four portable bleachers and the City has agreed to loan CIA the four portable bleachers at no charge, the City and CIA agree as follows. 1. The City will loan CIA four portable bleachers designated by the City. 2. The period of the loan shall be from the date this agreement is signed until May 1, 1997. Either party may cancel this agreement at any time, either with or without cause with ten days notice. 3. CIA agrees to name the City as an additional insured on its general liability insurance policy. A copy of the certificate of insurance naming the City as an additional insured is attached to this agreement. 4. CIA shall indemnify and hold the City harmiess from all loss, cost, and expense arising out of any liability, or claim of liability for injury or damages to persons or property sustained or claimed to have been sustained by anyone by reason of use of the bleachers, whether this use is authorized or not, or by any act or omission of CIA or any of its officers, agents, employees. guests, patrons, or invitees, i and CIA shall pay for all and any damage to the bleachers. or loss or theft of the bleachers, while on loan to CIA. 5. The CIA shall be responsible at no cost to the City for moving the bleachers from their current location to the CIA and returning them to a place designated by the City upon expiration of this agreement. Cary R. Graves Gry Ahomev CITY OFKENAI Agreement for loan of Bleacners Page 1 cf 1 210 Fidaigo Avenue Suite 200 Kenai. Alaska 99611-7794 283-3"1 FAX 283-3014 6. The City shall not charge any rent to CIA for loan of the bleachers. DATED this ��day of October, 1996. CITY OF KENAI Richard A. Ross, City Manager COOK INLET ACADEMY Principal, C k Inlet Academy C 4 A&L+c� CP.I}Q `.HrE i7 5 C:\WPDOCS\CRG\BLEACHER.AGT .ry R. Graves City Attorney CITY OF KENAI Agreement, for Loan of Bleachers Page 1 of 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 283-3441 FAX 283-3014 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 16, 1996 PAGE 3 Councilman Bannock asked if there would be a public hearing for the Comprehensive Plan. It was noted the public hearing would be at the November 6 meeting. VOTE: There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COXWENT Clay Nettles - Cook Inlet Academy/Requesting Use of Softball Field Bleachers. Clay Nettles - Nettles requested use of some of the city's aluminum bleachers by Cook Inlet Academy for the winter as they had just completed a new gym at the school, but were unable to purchase bleachers. The Academy was requesting use of a set of smaller bleachers from the softball fields by the airport. They would be willing to rent the bleachers if required. Parks & Recreation Director Frates stated he had no problems with their using the bleachers but would want them back in early May. Attorney Graves was asked if there would be any liability problems. He answered he thought there should be a hold harmless agreement signed by the Academy because if there was a structural ailure of the bleachers and injuries occurred, the city could be eld liable. He added, if council elected to allow the Academy o use the bleachers, he would like some sort of indemnity areement. ity Manager Ross added, he thought it very important to have a old harmless agreement with some security with it (insurance). Larry Emery - Cook Inlet Academy. Emery stated the school was insured and the school structure was insured. He would have to check whether there was liability insurance. Councilwoman Swarner asked how the bleachers would be transported and if the bleachers were purchased from the city budget. Nettles answered they would be transported by trailer. Frates answered, he believed they were purchased with city funds and cost approximately $1,500. Swarner asked Nettles if they had asked the City of Soldotna. Nettles answered, he tried to speak with the rodeo group and was told they would have to have a meeting of their board to discuss KENAI CITY COUNCIL MEETING MINUTES OCTOBER 16, 1996 PAGE 4 the matter. He added, the city's bleachers were a better size for their use and they would dismantle the bleachers in order to transport them and move them into their gym. Councilman Moore stated his concern with the liability especially because they would have to dismantle and reassemble the bleachers. Bookey said he also had some concern in regard to the liability, as well as the bleachers going out of the city boundaries. He added, as a councilmember, he was not comfortable with moving them out of the city. Williams asked if the bleachers had been purchased with city funds or.by the Softball Association. Frates answered he did not know but could research the question. MOTION: Councilman Bannock MOVED to allow the use of the bleachers by Cook Inlet Academy pending their signing an indemnification/hold harmless policy. Councilman Smalley SECONDED the motion. Councilman Smalley requested, as a friendly amendment, to add language to the hold harmless agreement that Cook Inlet Academy would reimburse the city for any damages to the bleachers from their use. Graves stated they would also require the city be listed as additional insured on the policy. Measles requested the ownership of the bleachers be found out in order that they know if the city has the authority to loan the bleachers out. Williams requested Frates to check. VOTE: Measles: Yes Williams: Yes Moore: . No MOTION PASSED. Bannock: Yes Smalley: Yes Bookey: No Swarner: No Williams noted the use of the bleachers was conditioned on all the items discussed being in place, i.e. insurance, ownership, etc. Williams noted there were students from one of the KCHS government classes in the audience. They introduced themselves as Matthew Miller, Mark Wade, Lance Necessary and Stacey Brewer. CITY OF KENO -/O it Gd 0j 412, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 an Memorandum Date: August 28, 1997 To: Mayor and City Council From: Richard A. Ross, City Manager RE: Kenai Golf Course Lots - Multi -Purpose Recreational Shelter Council has directed the administration to pursue Bureau of Outdoor Recreation (BOR) release of golf course lots for sale as a funding source for the recreational shelter. Mayor Navarre is investigating siting alternatives near Kenai Central High School as part of this plan. Proceeds from the sale of the lots would then be utilized for the facility itself. This is all subject to DNR/BOR approval. Two proposals are before you for consideration in how the properties should be subdivided and developed. As you consider the options outlined in Kim Howard's memo, you should also consider approximately $500,000 has been the estimated facility cost provided by the user group. Attachments RAR/ kh CITY OF KENAI it Od eC4fZi1&d 4414aa" 11 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bylftyl AFArb04 I 1 10 F "2 Memorandum Date: August 28, 1997 To: Richard A. Ross, City Manager From: Kim Howard, Administrative Assistant RE: Survey of Golf Course Lots You asked that I obtain a price for the survey of the property along Lawton Street adjacent to the golf course for residential lots. Cliff Baker of Integrity Surveys, the City Engineer and I discussed two options. Two proposals were obtained from Integrity Surveys and are outlined below. Proposal One The scope of this option includes setting the corners of the East Kenai Trail Park and the survey of Blocks 1-3 into residential lots. The blocks would be subdivided as follows. 1. Block 1 into six lots, approximately 100.90' pride by 150' deep, consisting of 15,134.25 square feet. 2. Block 2 would be subdivided into seven lots, six of them approximately 16,000 square feet. The seventh lot, nearest the 10th fairway, would be larger at about 21,130 square feet. 3. Block 3 would be subdivided into 14 lots, approximately 104.96' wide by 150' deep, consisting of 15,743.25 square feet. Water and sewer are stubbed out to Blocks 1 & 2 only. The cost for Proposal One is $6,550.00. Proposal Two This option leaves Block 3 as one block rather than being split into residential lots. The block would then be easily identified for discussions with the Department of Natural Resources and be available for townhouses or condominiums instead of residential homes if Council chooses. As to water and sewer to Block 3, there is a sewer main on Lawton adjacent to Block 3. Water is available to Glacier Street on Lawton. The Public Works Department gave a rough estimate of $ 60 - 70 per linear foot to extend the water providing there are no water table problems. The cost for Proposal Two is $5,875.00. The expense for completion of either survey would come from the General Fund Land account - Professional Services. A purchase order to Integrity Surveys for a not -to -exceed amount of $6,550 (the more costly Proposal One) has been prepared for Council approval for the September 3 meeting. This would still enable Council to chose Proposal Two at the meeting. The estimated final completion date is December 1. Attachments RAR/kh y 7 a y> • i n n is 3.00.00.CON .99"IM ,GSOS- ,3YOZ11 n------------------------_ �n yZZ W, ...I - --uoilaaS .OS N N D ai m - e A •Y I 1 I • 2 1.a ,60tiL: ! m K s � a Ix • �o r n 0 s d� yy � _ _ _, i�•+iS iagvg ut ml Pg O dd IIE MILT— > r O � 3 a �N - b P ^ ^ o O D ® g 1 M.BL.00.70N v 7� ✓� Integrity Surveys SURVEYORS - PLANNERS 605 SWIRES DRIVE KENAI, ALASKA 99611 (907) 283-9047 PHONE (907) 283-9071 FAX 26 August, 1997 Kim Howard Administrative Assistant City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Re: Five Iron Heights Subdivision Dear Ms. Howard: RECEIVED a ;gg? AUG CITY ADMIN. OF KENAI Peg00S r.( One—, %wteq%X# Swveya appreciates this opportunity to propose on the above referenced project. This estimate is based on your letter dated August 18 and our phone conversation August 25, 1997. I have also reviewed the 1991 preliminary plat, last year's notes and proposal. Our estimate for this project is $6,550.00. Services included in this proposal are: • Boundary survey and corner staking for Tract A • Survey 6 lots within Block 1 • Survey 7 lots within Block 2 • Survey 14 lots within Block 3 • Remaining properties will be Unsubdivided Remainder (includes golf course) • Preparation preliminary plat for City review • Preparation final plat for recording • Fees for Certificate to Plat, KPB Filing and Recording -I--- - - _. If the "Notice to Proceed" is received on September 4, 1997, Integrity Surveys would be able to have a preliminary plat submitted for the City Planning & Zoning meeting of September 24. We would have to have the preliminary plat and city comments to the KPB by October 6 to make the KPB Planning Commission meeting of October 27, 1997. Based on these dates I estimate the optimistic date for final recording would be the middle of November. I would suggest that the City plan on a final completion date of December 1, 1997. Should you have any questions, please feel free to call me. I look forward to bringing this project to completion. Thank you for allowing us to be of service. Sincerely l%""# S CV,6� Cliff Baker, RLS Integrity Surveys SURVEYORS - PLANNERS 605 SWIRES DRIVE KENAI, ALASKA 99611 (907) 283-9047 PHONE (907) 283-9071 FAX 26 August, 1997 Kim Howard Administrative Assistant City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, AK 99611 Re: Five Iron Heights Subdivision Dear Ms. Howard: RECEIVED AUG 2 81997 CITY ADMIN. OF KENAI PraPosic T-�o %" Spa appreciates this opportunity to propose on the above referenced project. This estimate is based on your letter dated August 18 and our phone conversation August 25, 1997. I have also reviewed the 1991 preliminary plat, last year's notes and proposal. Our estimate for this project is $5,875.00. Services included in this proposal are: • Boundary survey and comer staking for Tract A • Survey 6 lots within Block 1 • Survey 7 lots within Block 2 • Survey Block 3 as one parcel • _Remaining properties will be Unsubdivided Remainder (includes golf course) • Preparation preliminary plat for City review • Preparation final plat for recording • Fees for Certificate to Plat, KPB Filing and Recording If the "Notice to Proceed" is received on September 4, 1997, Integrity Surveys would be able to have a preliminary plat submitted for the City Planning & Zoning meeting of September 24. We would have to have the preliminary plat and city comments to the KPB by October 6 to make the KPB Planning Commission meeting of October 27, 1997. Based on these dates I estimate the optimistic date for final recording would be the middle of November. I would suggest that the City plan on a final completion date of December 1, 1997. Should you have any questions, please feel free to call me. I look forward to bringing this project to completion. Thank you for allowing us to be of service. Sincerely la" Spa Cliff er, RLS DEPARTMENT OF COMMiJNITY AND REGIONAL AFFAIRS MUNICIPAL & REGIONAL ASSISTANCE DIVISION C7 333 W. 4TH AVENUE, SUITE 220 0 P.O. BOX 348 0 P.O. BOX 350 ANCHORAGE, ALASKA 99501-2341 BETHEL, ALASKA 99559-0348 KOTZEBUE, ALASKA 99752-0350 PHONE: (907) 269-4500 PHONE: (907) 543-3475 PHONE. (907) 442-3696 FAX: (907) 269.4539 FAX: (907) 543-4152 FAX: (907) 442-2402 XBOX 112100 P.O.JUNEAU,ALASKA 99811-2100 PHONE. (907) 465-4750 FAX.- (907) 465-2948 0 209 FORTY MILE AVENUE FAIRBANKS, ALASKA 99701-3110 PHONE: (907) 452-7126 FAX. (907) 451-7251 The Honorable John Williams Mayor City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams: D P.O. BOX 790 DILLINGHAM, ALASKA 99576-0790 PHONE. (907) 842-5135 FAX. • (907) 842-5140 CERTIFIED/RETURN RECEIPT REQUESTED August 25, 1997 RE: FY 99 STATE REVENUE SHARING/SAFE COMMUNITIES POPULATION DETERMINATION TONY KNOWLES, �- /A r-- 0 P.O. Box 1068 NOME, ALASKA 99762-1068 PHONE: (907) 443-5457 FAX: (907) 443-2409 RECEIVED AUG 2 i 1997 KENAI CITY CLERK The Department of Community and Regional Affairs is charged by statute with determining the July 1, 1997, population of each municipality for FY 99 State Revenue Sharing and Safe Communities Program purposes. The population of the City of Kenai has been determined to be 6,971. If you do not agree with this figure, you may request an adjustment. A written request for a population adjustment, including supporting documentation, must be postmarked no later than November 1, 1997. The request must be supported by a method of population determination approved by this department. For municipalities with populations of less than 1,000, the department requires that a "head count" census be used. Municipalities with 1,000 or more residents may use a "head count census" or the "housing unit" method which includes specific statistical measures. The department also requires that a municipality's population determination methods be fully documented and that the governing body of the municipality pass a resolution adopting the results of the census. If you choose to request an adjustment, the enclosed booklet provides additional information on population procedures and the "housing unit" method of population determination. Those cities planning on conducting a population estimate using the "housing unit" method are strongly encouraged to contact Laura Walters before beginning any population surveys. Ms. Walters is responsible for validating acceptable statistical approaches. Should you have any questions regarding this population determination, please call Laura Walters, Research Analyst, or Bill Rolfzen, State Revenue Sharing Program Administrator, at 465-4750. Sincer ly, Patrick Pol Director 21-P4LH KENAI CITY COUNCIL MEETING SEPTEMBER 3, 1997 INFORMATION ITEMS 1. 8/20/97 Council Meeting "To Do" List. 2. 8/21/97 RR letter to Alaska Board of Fisheries requesting agenda change. 3. Responses to council's resolution in support of the Tustumena Lake Sockeye Salmon Enhancement Project: 1. 8/20/97 Fish & Wildlife Service letter 2. 8/ l/97 Senator Ted Stevens letter 3. 8/ 19/97 Senator Frank Murkowski letter 4. 8/21/97 Cook Inlet Aquaculture Association letter 4. Agenda for 9/3/97 Kenai Peninsula Municipal Coalition Meeting and minutes of 6 / 4 / 97 Coalition meeting. 5. 7/22/97 Senator Murkowski letter regarding Community Health Center in Kenai. 6. 8/ 15/97 Governor Knowles letter regarding Kenai Peninsula Borough's application for designation as a medically underserved area. 7. 8/26/97 Ashley Reed memorandum and attached subsistence information. KENAI CITY COUNCIL MEETING AUGUST 20, 1997 "TO DO" LIST clf - Post park tour invitation to councilmembers - Thursday, 8/28/97 at 6:00 p.m. Place copy of resolution of support or any existing agreement with Challenger in goals and objectives packet and forward a copy to Challenger Center as well. Place new maintenance shop on goals and objectives discussion list. Admin - Place amendment of golf course lease for approval for next regular council meeting. Place, for introduction on September 3 agenda, ordinance declaring Dairy Queen building/property not needed for public use. crg - Prepare ordinance to designate city manager position not an employee and opt the position out of PERS by resolution. CITY OF KEM it Gd 4 414aetha 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'III'1 August 21, 1997 Laird Jones Executive Director Alaska Board Of Fisheries Boards Support Section P.O. Box 25526 Juneau, AK 99802-5526 Dear Mr. Jones: Pursuant to 5 AAC 39.999, the City Of Kenai requests the Alaska Board of Fisheries alter its schedule to consider proposed regulatory changes to include 77.540 UPPER COOK INLET PERSONAL USE SALMON MANAGEMENT PLAN. The City is specifically concerned with paragraph (c)(3)(B) of this Plan which addresses dip netting at the mouth of the Kenai River. This Agenda Change is requested to correct an unforeseen affect of the fishery on the bluff habitat on the north shore of the Kenai River. The City of Kenai is located on the bluff overlooking the River on the north bank. It is the dip net fishery on the north bank that the City requests the Board alter its agenda to address. Most shore based dip netting on the north bank occurs at the mouth of the River on City owned lands. Most dip netters fish on a sandy beach downstream of the confluence of a small, unnamed creek. Upstream from this creek, the river is bordered by high bluffs. During the 1997 season a small number of personal use fishery participants rappelled down the bluffs to participate in the fishery. The number of individuals who rappelled down the bluffs is insignificant compared to those who 2 fish on the sandy beach. However, this small number of people are creating a serious trespass and erosion problem which the City is not equipped to deal with. If this problem is not addressed prior to the 1998 fishery, erosion and associated trespass problems will be exacerbated to the detriment of the bluff habitat, private property owners and residents of the City of Kenai. Dip netters rappelling down the bluff creating the aforementioned problems of trespass and erosion is an unforeseen affect of the fishery. Since it was unforeseen, neither the City nor members of the public could bring this to the Boards attention when the fishery was discussed during the 1995 Board cycle. The City Of Kenai therefore respectfully requests the Alaska Board of Fisheries alter its 1997-1998 agenda so that this unforeseen situation can be addressed. Pending approval of this agenda change request, the City is prepared to submit a proposal for Board consideration which will correct the problem. The proposed solution will have no impact on the vast majority of dip netters who fish at the mouth of the Kenai and will affect only those who rappel down the bluff to access the fishery. Sincerely, CITY OF KENAI 'chard . Ross City Manager United States Department of the Interior FISH AND WILDLIFE SERVICE Kenai Fishery Resource Office P.O. Box 1670 IN REPLY REFER TO: Kenai, Alaska 99E 11 RECEIVED AUG 9 5 1997 Ai Dear Commenter: KENQ) CITY CLERK 20, 1997 Thank you for your comments regarding the Tustumena Lake sockeye salmon a cement project. Issues raised during the 30-day scoping and 45-day Environmental Assessment (EA) comment periods were addressed in the final EA and resulted in the development of mitigative measures which were included in the Special Use Permit issued to Cook Inlet Aquaculture Association. The inclusion of these mitigative measures resulted in a Regional Director determination that the Tustumena Lake sockeye salmon enhancement project would not have significant environmental effects provided that all stipulations were followed. The decision documents were signed August 8. 1997. Copies of the Mitigated Environmental Assessment, Finding of No Significant Impact, Compatibility Determination, Wilderness Act Consistency Review, Alaska National Interest Lands Conservation Act Section 810 documentation, and Refuge Special Use Permit are available at the following locations: U.S. Fish & Wildlife Service Kenai National Wildlife Refuge P.O. Box 2139 Soldotna, Alaska 99669 (907) 262-7021_ or U.S. Fish & Wildlife Service Kenai Fishery Resource Office P.O. Box 1670 Kenai. Alaska 99611 (907) 262-9863 Thank you again for participating in the review and decision making process for the Tustumena Lake sockeye salmon enhancement project. Sincerely, Gary IV . Sonnevil Project Leader TED STEVENS. ALASKA, CHAIRMAN THAD COCHRAN, MISSISSIPPI ROBERT C. BYRD. WEST VIRGINIA ARLEN SPECTER, PENNSYLVANIA DANIEL K. INOUYE. HA NAII PETE V. DOMENICI. NEW MEXICO ERNEST F. HOLLINGS. SOUTH CAROLINA CHRISTOPHER S. BOND. MISSOURI PATRICK J. LEAHY. VERMONT SLADE GORTON, WASHINGTON DALE BUMPERS. ARKANSAS MITCH MCCONNELL KENTUCKY FRANK R. LAUTENBERG. NEW JERSEY CONRAD BURNS, MONTANA TOM HARKIN. IOWA RICHARD C. SHELBY. ALABAMA BARBARA A. MIKULSKI. MARYLAND JUDD GREGG, NEW HAMPSHIRE HARRY REID. NEVADA ROBERT F. SENNETT, UTAH HERB KOHL. WISCONSIN BEN NIGHTHORSE CAMPBELL. COLORADO PATTY MURRAY. WASHINGTON LARRY CRAIG, IDAHO BYRON DORGAN. NORTH DAKOTA LAUCH FAIRCLOTH, NORTH CAROLINA BARBARA BOXER, CALIFORNIA KAY BAILEY HUTCHISON, TEXAS STEVEN J. CORTESE, STAFF DIRECTOR JAMES H. ENGLISH, MINORITY STAFF DIRECTOR The Honorable John. Mayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear John: United Ztates ,senate COMMITTEE ON APPROPRIATIONS WASHINGTON, DC 20510-6025 August 1, 1997 s RE.'ENED J . Williams AUG % +997 KENAI CITY CLERK Thank you for your recent letter regarding the continuation of the Tustumena Lake Sockeye Salmon Fisheries Enhancement Project. I am contacting the Department of Interior on your behalf and I will notify you when I receive their response. With best wishes, Cordially, aw TED STEVENS FRANK H. MURKOWSKI ALASKA COMMITTEES: CHAIRMAN ENERGY AND NATURAL RESOURCES FINANCE VETERANS' AFFAIRS INDIAN AFFAIRS The Honorable John J. Mayor City of Kenai 210 Fidalgo Avenue Suite 200 Kenai, AK 99611 Dear John: United oStateg senate WASHINGTON, DC 20510-0202 (2021224-8665 August 19, 1997 RECEIVED Williams 4628 1997 KENAI CITY CLERK 222 WEST 7TH AVENUE, BOX 1 ANcNo11AOE. AK 99513-7570 (9071271-3735 101 12TH AVENUE, Box 7 FAr mws, AK 99701-6278 49071456-0233 P.O. Box 21647 Jummu, AK 99802-1647 (907)586-7400 130 TRAmNO BAY ROAD, SurrE 350 KENAI, AK 99611-7715 (9071283-SM 109 MAIN STREET KETCWAN, AK 99901-8489 49071225-8880 Thank you for letting me know of your strong support for the Tustumena Lake sockeye project and for sharing your comments to the U.S. Fish and Wildlife Service. I agree that this project makes good sense to continue under the guidance of the Alaska Department of Fish and Game, which has done a good job so far. Sincerely, ,,, , %, ram■- ': L41 V Frank H. Murkowski United States Senator u 7 raw lu� August 21. 1997 The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Avenue. Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams: COOK INLET AQUACULTURE ASSOCIATION HC 2. BOX 849 SOLDOTNA. AK 99669.9707 (907) 283.5761 RECEIVED FAUG1997 KENAI CITY CLERK On July 16 the Kenai City Council considered and unanimously passed Resolution 97-48. which had been introduced by the administration. endorsing the continuation of the Tustumena Lake Sockeye Salmon Fisheries Enhancement Project. We had sought support in our effort to get a permit from the U.S. Fish and Wildlife Service to continue the Tustumena Lake Sockeye Salmon Enhancement Program. The Council was good enough to register its support with the Service, and we are pleased to tell you that we received our permit of August 8. The existing project will continue at its current scale. It remains our belief this project has been of documentable benefit and without documentable negative impacts. Please accept our thanks and convey them to the members of the Council. You can assure them our Board members and the groups they represent know of their help and appreciate it. Sincer iy, i" pl000zL�'-- T omas P. Walker Special Projects Manager SALMON ENHANCEMENT TODAY MEANS BETTER SALMON FISHING TOMORROW crintea on recvciec oacer AUG-26-97 TUE 10:11 KENAI PENN BORO CLERK FAX NO. 9072628615 KENAI PENINSULA BOROUGH Office of the Borough Clerk - Fax To: Mary Calhoun, Homer City Clerk Carol Freas, Kenai City Clerk Pat Reilly, Seward City Clerk Pat Burdick, Soldotna City Clcrk Helyn Schoepke, Kachemak City Clerk Susan Elzia, SeIdovia City Clerk From: Linda Murphy, KPB Clez Date: August 26, 1997 Subj: Kenai Peninsula Municipal Coalition Meeting Attached is the agenda packet for the next Coalition Meeting to be held in Homer at Land's End (Homer Spit) on Wednesday, September 3, beginning at 1 1:00 a.m. Lunch will be provided by the Borough. Please contact your Mayors, Council Members and Managers and let me know how many plan to attend this meeting so that we can let the restaurant know how many to expect for lunch. Don't forget that you are each invited to attend the meeting and lunch as well - I apologize for not getting this out to you sooner than this. I look forward to hearing from each of you on Friday and hope to see you all in Homer next week. Total Pages Including this Cover = 6 AUG-26-97 TUE 10:11 KENAI PENN BORO CLERK FAX NO. 9072628615 P.02/06 IMNAI PL'NINSULA MUNICIPAL COALITION September 3, 1997 1. CALL TO ORDER 2. ROLL CALL (Please sign in) 3. INTRODUCTIONS 4. SPECIAL PRESENTATIONS 11:00 AM 5. APPROVAL OF MINUTES A. June 4, 1997 Regular Meeting Minutes S. UNFINISHED BUSINESS A. Personal Property Tax Update B. Community Klosks (Council Member Anderson) G. NEW BUSINESS 7. GENERAL COMMENTS A. Community Reports How did your summer go? What's new in your community? 3. ITEMS FOR NEXT AGENDA Homer, Alaska 9. ADJOURNMENT This meeting will convene at 11: 00 AM in the Quarter Deck at Land 's Fed on the Homer .Shit. Lunch will be hosted by the; Kenai Peninsula Buruugh. Note to City Clerks: RSVP to the Baruugh Clerk's Office with name and number of attendees no later than 5:00 p.m., Friday, August 29. Tharp you. AUG-26-97 TUE 10:12 KENAI PENN BORO CLERK FAX NO. 9072628615 P. 03/06 KENAI PENINSULA MUNICIPAL COALITION 7.,.a CALL TO ORDER 1997 The June 4, 1997 regular meeting of the, Kenai Peninsula Municipal Coalition was called to order by Chairman Ron Drathman at 10:10 a.m. in the Assembly Chambers, Soldotna, Alaska, ROLL CALL There were present: Ron Dmthman, Coalition Chairman, Kenai Peninsula Borough Assembly Mike Navarre, Kenai Peninsula Borough Mayor Mile Wilcy, Kenai Peninsula Borough Assembly Louis Bencardino, Mayor of Seward Margaret Anderson, Seward City Council Jim Stogsdill, Soldotna City Council Tim Volstad, Mayor of Seldovia Also present were: Bonnie Golden, Assistant to Mayor Navarre JeWSinz, KPB Finance Director Lany Sernmens, Kenai Finance Director Rick Gifford, Seward Finance Director Joel Wilkins, Soldotna Finance Director Ter= Walker, Assistant to Soldotna City Manager Boedeker Linda Murphy, Kenai Peninsula Borough Clerk APPROVAL OF M -TUTES The May 7, 1997 regular meeting minutes were approved as written without objection. UNFIMSHED BUSINESS Personal Prope= Tax KPB Ordinance 97 22. Mayor Navarre distributed a report outlining three personal property tax alternatives under consideration. (Copy attached and incorporated as a supplement to minutes.) He noted that the elimination of the personal property tax would result in a $4.3 S Million tax revenue Ioss boroughwide, and the three alternatives presented offered options for replacing the lost revenues. Discussion followed regarding the merits of each of the three alternatives. Sinz noted that Option 2 (a one percent borough sales tax increase) would include an allocation back to the cities in the borough to make up for their loss of personal property tax revenues. Semmens objected to an increase in the sales tax , stating that this was a regressive tax affecting those on the lower end of the econoltiic ladder. He stated that a tax on personal property was more equitable and affected those most able to pay. Drathman stated that he would prefer an June 4. 1997 Kenai Peninsula Municipal Coalition Minutes Page No. I of AUG-26-97 TUE 10:13 KENAI PENN BORO CLERK FAX NO. 9072626615 P. 01 /03 ad valorem tax rather than a flat tax on motor vehicles, Semmens agreed. Navarre stated that he could not support the personal property tax ordinance currently before the assembly. Anderson stated that the Coalition was on the right track and a review of the tax structure should contuaue. She suggested that the Coalition members work through the Alaska Municipal League on Governor Hiekel's proposal for a permanent fund dividend program benefli ing cominunities. Navarre noted that any revenue stream dedicated to municipalities would probably result in a further erosion of municipal assistance and revenue sharing. IIe emphasized the need for a state budget plan and stressed the importance of having at least an outline of such a plan in place before the borough and the cities endorsed the Hiekcl plan or any other plan by resolution. NOTE: A delegation of local government officials from Yclisova, Ra,ssia, were introduced and observed a portion of the meeting. The delegates were in Alaska to learn about local government and the interaction among cities, boroughs and the state Tourism Enhancement -- Commu 4 Kiosks. Stephanie Gorder, Kenai Peninsula Tourism Marketing Council Executive Director, suggested a cooperative effort between the Coalition and the KPTvIC in the development of community kiosks. Anderson stated that she would work with Gorder to develop a kiosk design to bring back to the Coalition. RECESS: The meeting recessed at 12:00 Noon for lunch and reconvened at 1:15 p.m. P octd.Rec=non Service Area Dictricte. Mayor Navarre stated that he was exploring the possibility of raising funds boroughwide for allocation to cities or community groups as capital matching grants for recreational facilities. Mayor Volstad suggested that these funds also be available for funding programs as well as capital construction. GENERAL COMMENTS ANDERSON noted that this was the fiftieth anniversary of the Kenai Burn and expressed concern that a similar fire today would result in a devastating loss of revenue and infrastructure in the borough. WILEY noted that he had attended the first meeting of the newly appointed Trails Commission. RENCARDINO noted that the Alaska ScaLifc Ccntcr was four months ahead of the construction schedule and was on budget. He stated that the Center was offering hard hat tours throughout the summer. ANDERSON voiced her appreciation for Mayor Navarre's input and expertise on state issues. She added that she would like to see a. more equitable tax structure throughout the borough. June 4, 1997 Kenai Peniimula Municipal Coalition Minuics Page No. 2 of 3 AUG-26-97 TUE 10:14 KENAI PENN BORO CLERK FAX NO. 9072628615 P,02/03 GOLDEN noted that the assembly had confirmed the appointment of three new department heads at its June 3 meeting: Finance Director Jeffrey Sinz, Assessor Tim Lawyer and Maintenancc Director Dave Eagle. NAVARRE stated that he would continue working on budget plans at the state level. DItAT.I MM stated that ttic Coalition meetings were beneficiai and he wished to see them continue. He complimented Dave Eagle on his rapid response to a maintenance problem in isomer. NEXT SMEDULED MEETING The next meeting was scheduled to begin at 11:00 a.m. on Wednesday, September 3, in Homer, Alaska. ADJOURNMF,NT The meeting was adjourned at 2:00 p.m. Linda Murphy, Borough Clerk June 4, 1997 Kenai Peninsula Municipal Coalition Minuw Page No. 3 of 3 AUG-26-97 TUE 10:14 KENAI PEHM BORO CLERK FAX NO. 9072628615 P. 03/03 m �— G 10 o n a R ItQ A N N•- 410,30 = f LEI m m N O N An N^ m C� a s G O C = � L O Y M M M M M • R N q_ e e � A L m QI fV w r( s m .�.� 10 Ifs V, n Y7It w N N ^ • N v� L' C• �'(a� � o r •s_� rw«wwwwwwwww L • C w MMA40 001 401 N CCba- L$ C $ Lao22 5 • c q a « in N N M N N N N dal A N o Q m C �:�n mO1 a 7 _NAOmN Of NA PlY OOmno Oi. q — • R erN^$ rl> • v � S ; o o � • c M M N N N M M N M N M M N M N N M M in M • m CC L C W C; C o � c m qp (Qt rf ton�rr Oy n IF N� • E» 05 5 o L • m 0 (Oryy O p a o=� H O N • n S i G ssg p and T' n • o CCc r, w M ww-Nop. 401 N d N Gd e o3g�o $ 8 m � • VO �Q •so � �iri ti m r ^ ^ N ~ « N « www w w O Alfa^O LLN~ N wiw.: ri Ow9;;n Z;L- . N' O W v7 n 'y r=�_^ ^ n t C p V' o C v� O m WYNf _ C! v O ofLn �h O Y�yr10 0 _ �K�jSR�7.4. try H Y 0 M O d a w w w w w w w w w w w w N N M N N N N N C L N$a89 w aNNN00^ON Cp ^y�(7 pjw C 0 t °i vO��om.`-n IL lot m N A Iq 'Itw= ��- O Ilkb 0 f o� t�pp w ri n vi a m N m O w of m S «««« M H^ w w w M w w w w w w Q V J � • t m ZmU�zL: zU(AY Y y y+ X2 d QQ - N N fn H n y w H a z O F�1 E+ r.l a N U H z A y z F-� z W er; z hd ft ey w FRANK H. MURKOWSKI ALASKA COMMITTEES: CHAIRMAN ENERGY AND NATURAL RESOURCES FINANCE VETERANS' AFFAIRS INDIAN AFFAIRS 'United Mates senate WASHINGTON, DC 20510-0202 (2021224-6665 The Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Avenue Suite 200 Kenai, AK 99611 Dear John: July 22, 1997 RECEZ AUG 2 2 I "y' KENAI CITY CLERK 22: An F P.O. Box 21647 JuNEAu, AK 99802-1647 (907)586-7400 130 TRAOINa BAY RoAo, SurrE 350 KEmm, AK 99611-7716 (907)283-SM 109 MAIN STREET KETCwIKAN, AK 99901-6489 (907)225-6860 Thank you very much for writing me about federal funding for a Community Health Center in Kenai. I appreciate your having me in mind and updating me on your efforts. I applaud your work to increase Kenai's access to quality health care. Your work is especially important considering the Kenai Peninsula has only three hospitals. Please do not hesitate to contact me for a letter of recommendation if you have not already applied to the Department of Health and Human Services for a Community Health Center grant. I have enclosed information from the Department that you should find helpful. Again, thank you for contacting my office regarding this very important matter and please continue to do so in the future. Sincerely, Frank H. Murkowski United States Senator Enclosures: 1 93.224: Community Health Centers Objectives: To support the development and operation of community health centers which provide preventive and primary health care services, supplemental health and support services and environmental health services to medically underserved areas/populations. Priorities will be focused on providing services in the most medically underserved areas and maintaining existing centers which are serving high priority populations. Centers must have demonstrated sound capacities in the following areas: fiscal and management capabilities; monitoring and assessment of project performance; development and implementation of mechanisms for improving quality of care; and maximization of third -party reimbursement levels, through improved project administration and management. 93.224 ELIGIBILITY REQUIREMENTS: Applicant Eligibility: Public or nonprofit private agency, institution. or organization and a limited number of State and local governments. Profit -making organizations are not eligible. Beneficiary Eligibility: Population groups in medically underserved areas. Credentials/Documentation: Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments. For others, costs will be determined in accordance with DHHS Regulations, 45 CFR, Part 74, Subpart Q. 93.224 APPLICATION & AWARD PROCESS: Preapplication Coordination: Necessary coordination varies; Contact the DHHS Regional Offices for details. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. This program is subject to the requirements of the Public Health System Impact Statement. Application Procedure: Application forms are available from the regional offices. The standard application forms, furnished by PHS and required by 45 CFR, Part 92, must be used by State and local government applicants. (See Appendix IV for a list of regional offices.) State and local governments must prepare a Form DHHS 5161, Application for Federal Assistance (Nonconstruction), fully documenting the need for the grant and the proposed amount for the project. Other nonprofit organizations must complete Form PHS-5194, Grant Application for Health Services, documenting the need for and the proposed amount of the grant. Applications must be given to designated organizations for review and approval. This program is subject to the provisions of 45 CFR, Part 92 for State and local governments, and 45 CFR Part 74 for nonprofit organizations. Applications are subject to review pursuant to 45 CFR, Part 100. Award Procedure: An objective review committee reviews applications for merit and recommends approval or disapproval. Final decisions are made by the Director of the Bureau of Primary Health Care, Health Resources and Services Administration. Deadlines: Contact Headquarters Office for application deadlines. Range of Approval/Disapproval Time: From 90 to 120 days. Appeals: None. Renewals: Same as Application Procedure Criteria for Selecting Proposals: (1) Relative merit of grant proposals as measured against the Bureau's funding criteria; (2) specific program guidelines; (3) service to high priority population; (4) demonstrated sound fiscal and management capabilities: and (5) past management performance of the applicant. Examples of Funded Projects: (1) Community health centers; (2) health networks to support systems of care; (3) a community health program; and (4) planning grants. Range & Average of Financial Assistance: $25,000 to $4,000,000; $879,770. 93.224 PROGRAM ACCOMPLISBIMENTS: The main purpose of Section 330 has been to support Community Health Centers (CHC) in urban and rural medically underserved areas. In addition, the Bureau of Primary Health Care identifies the most needy communities/populations through State -based planning activities. In fiscal year 1996, 623 community health centers were funded, providing services at 1,549 sites to about 7.0 million people. Funding for fiscal year 1997 has not yet been determined. 93.224 FINANCIAL & ADMINISTRATIVE INFO: Federal Agency: HEALTH RESOURCES AND SERVICES ADMINISTRATION, PUBLIC HEALTH SERVICE, DEPARTMET?T OF HEALTH AND HUn1AN SERVICES Type of Assistance: Project Grants. Obligations: (Grants) FY 95 $616,555,000; FY 96 est $616,555,000: and FY 97 est $618,680,000. (NOTE: Proposed for consolidation into the Community and Migrant Health Center Performance Partnership in FY 97.) Budget Account Number: 75-0350-0-1-550. Authorization: Public Health Service Act, Section 330, as amended, Public Law 99-280. Regulations, Guidelines, & Literature: PHS Grants Policy Statement, DHHS Publication No. (GASH) 94-50,000, (Rev.) April 1, 1994; 42 CFR 51 C. 93.224 INFO CONTACTS: Regional or Local Office: Contact the Regional Health Administrator or Grants Management Officer of the appropriate DHHS Regional Office. (See Appendix IV of the Catalog for a list of regional offices.) Headquarters Office: Program Contact: Director, Division of Community and Migrant Health, Bureau of Primary Health Care, Health Resources and Services Administration, Public Health Service, Department of Health and Human Services, 7th Floor, 4350 East-West Highway, Bethesda, MD 20814. Phone: (301) 594-4300. Grants Management Contact: Office of Grants Management, Bureau of Primary Health Care, Health Resources and Services Administration, Public Health Service, Department of Health and Human Services, 1 lth Floor, 4350 East-West Highway, Bethesda, MD 20814. Phone: (301) 594-4235. Use the same numbers for FTS. 93.224 ASSISTANCE CONSIDERATIONS: Formula & Matching Requirements: This program has no statutory formula. The applicant must assume part of the project costs determined on a case -by -case basis. Statement of availability is required as indicated in the appropriate program. Length & Time Phasing of Assistance: The initial period of support may be up to 5 years. The project may be renewed for additional years of support based on its progress and the need for additional Federal support. Uses & Use Restrictions: Applications should be designed to improve the availability, accessibility and organization of health care within medically underserved communities. Funds may also be used for acquiring, constructing and modernizing existing buildings, including amortizing the principal of and paying the interest on loans, and for related equipment in excess of $100,000. 93.224 POST ASSISTANCE REQUIREMENTS: Reports: All grantees must submit a financial status report 90 days after the end of each budget period and a final financial status report 90 days after the end of the project period. Basic data, cost accounting, and reporting or monitoring systems will be compatible with federally established national reporting requirements for health services delivery projects. Audits: In accordance with the provisions of OMB Circular No. A-128. Audits of State and Local Governments," State and local governments that receive financial assistance of $100,000 or more within the State's fiscal year shall have an audit made for that year. State and local governments that receive between $25,000 and $100,000 within the State's fiscal year shall have an audit made in accordance with Circular No. A-128, or in accordance with Federal laws and regulations governing the programs in which they participate. For nongovernmental grant recipients, audits are to be carried out in accordance with the provisions set forth in OMB Circular No. A-133. In addition, grants and cooperative agreements are subject to inspection and audits by DHHS and other Federal officials. Records: DHHS and the Comptroller General of the United States or any of their authorized representatives, shall have the right of access to any books, documents, papers, or other records of a grantee, subgrantee, contractor, or subcontractor, which are pertinent to the DHHS grant, in order to make audits, examinations, excerpts and transcripts. Grantees are required to maintain grant accounting records 3 years after the end of a budget period. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later. TONY KNOWLES GOVERNOR Mr. Evan Arrindell, DSW Director Division of Shortage Designation Bureau of Primary Health Care 4350 East West Highway, 9th Floor Bethesda, MD 20814 Dear Dr. Arrindell: ,r. STATE OF ALASKA OFFICE OF THE GOVERNOR JUNEAU August 15, 1997 RECEIVED AUG 2 21997 KENAI CITY CLE"R'K ,D- P. O. E Juneau, AI. (9m--- Fax (907) 465-3532 Enclosed please find an application from the Kenai Peninsula Borough for designation as a medically underserved area. As Governor of Alaska, I am requesting a permissible designation per Public Law 99-280. Although the Kenai Peninsula Borough does not meet the usual criteria for such a designation, we believe the evidence provided supports its designation. The Kenai Peninsula Borough has submitted a grant proposal for a Section 330 Community Health Center from the Bureau of Primary Care, for which this designation is required. I support the borough's efforts to ensure its residents have adequate access to appropriate health care. The Kenai Peninsula Borough is very diverse, experiences disproportionately high numbers of injuries and violence, is sparsely populated (by U.S. standards), and has neither available nor accessible health care for many portions of the population. We feel, therefore, this designation is appropriate and necessary. The State of Alaska respectfully requests your favorable consideration of this designation. If you need further information regarding this application, please contact Ms. Patricia Carr with our Primary Care office at (907) 465-8618. Sincerely, Ton ovules Governor Enclosures cc: Mike Navarre, Mayor, Kenai Peninsula Borough , John Williams, Mayor, City of Kenai Karen Perdue, Commissioner. DHSS Patricia Carr, DHSS ^ 005--- �� 1 aSK TONY KNOWLEB, GOVERNOR r,n� � U 11 U DEFT. OF HEALTH AND SOCIAL SERVICES P.O. BOX 110601JUNEAALASK99811-0601 PHONE. (907) 465-3030 OFFICE OF THE COMMISSIONER FAX- (907)465-3068 MEMORANDUM DATE: August 7, 1997 TO: Honorable Tony Knowles Governor THRU: Tun Ayers Chief of Staff FROM: Karen Perdue Commissioner RE: Request to Designate Kenai Peninsula Borough as a Medically Underserved Area (MUA) The Department of Health and Social Services requests that you designate the Kenai Peninsula Borough as a medically underserved area, under a Governor's permissible designation according to Public Law 99-280. The attached packet includes a draft letter to the Bureau of Primary Health Care requesting the designation, for your review and signature; letters of request and support from Honorable Mike Navarre, Mayor, Kenai Peninsula Borough; Honorable John Williams, Mayor, City of Kenai; and Dr. Peter Nakamura, Director, Division of Public Health; and the actual application. Our Public Health staff have worked closely with community representatives from the Kenai Peninsula Borough to gather sufficient data to support such a designation. Being designated as a medically underserved area is necessary for Kenai to obtain a federally funded Section 330 Community Health Center grant from the Bureau of Primary Health, for which it has applied. Community organizations, nonprofit agencies, and the Mayors' offices organized and worked together to prepare the grant proposal. If the Kenai Peninsula Borough is not designated as a medically underserved area, its proposal will not be considered. This is a first step toward improving health care for Alaskans on the Kenai Peninsula. I therefore request your favorable consideration, and that you sign the letter to the Bureau of Primary Health Care to request this permissible designation. If you need further information, please contact me. Attachment cc: Peter Nakamura, MD Pat Carr, DPH Primary Care 08-F38LH 08-26-1997 02:00PM FROM TO 19072833014-a' A S H L E Y R E E c> A S S G7 C J AT E S GOVERNMENT RL•'LAUONS AND PUBLIC AFFAIRS CANSUI.TANI'S TO: Mayor and City Council City of Kenai FROM: Ashley Reed RE: Subsistence DATE: August 26, 1997 More than any other issue, subsistence, will dominate the debate of our state policy makers this fall. The news media will report on it adnauseam. As you are probably aware, the Alaska Federation of Natives' subsistence summit started today. At this time, there seems to be little consensus on the direction the state should be taking. For your information and convenience, I have attached a matrix comparing the various subsistence proposals and the special interests current alignment on the various aspects of these proposals. Hopefully, this information will provide you with a better understanding of the issue and surrounding debate. The impact of this debate, regardless of the outcome, will be felt throughout the state. Should you have any questions or need additional information, please do not hesitate to call. cc- City Manager ATTACHMENT ..® 360 West Beiuon • Suite 200 - Anchorage, Al"ka 99503 (907) 562.2560 • FAX (907) 562.2570 08-26-1997 02:00PM FROM TO 19072833014-01 P.03 08-26-1997 02:00PM FROM TO 19072833014-01 P.04 N t= c 0 v w� ',CQ�pepiOoHuc��'c 5 y d= 5 u Z 00 tad ° ca lb, E e' 5 wZ�vNa.5 �eo._du '"s o�:�0.CoouaOD U • H_ 4 .V % .a � oa=° .1 H A 1 "' i QC.S a0 se y z tA 03 crwO o N V ZW°2-'E u °a 08-26-1997 02:01PM FROM TO 19072933014-01 P.05 u u as , o°=ems L �,r - a v� � is tZ U � a c � .c o 5 :`a eo •o , a� -5 a> � .... �zQ t: u `o FA c.. 4—W C a y CrA o •a. Q q x `� "a w � ra %00 'via w L �•vtots�o��i. Ca'•�•O�. z 1r1 $ S V Q G '� � � •;gam � � h yi � ,� O H a 0 to C O � C c tl M V I It sV o � 0 z y ... 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" y � .O •G� ' • G _ 8cn ui C`i'C ..� Tr _ 0 a 3� 8 c Z •` � u arA .c c a� •J � 8 � 'O Cp 0 ti, .d >.'ru. u 8 E 13X g Ems E ��U H h v w 1 -e p 1-6a a -9 .a' _ o 1 15 z v ?f ; O.8 1get Fi< uN ...� 6. = M _ 8z S��'-v$m V 0 y C Q ti a 6 C y H A 8 �O E 9 /Z /0 08-26-1997 02:03PM Q' ie C6 Q ti .6 FROM TO f/J in � 3 � u q N � in .5 P Y Y s .B 's S ac ?Z0o$Ebcoo 19072933014-01 P.10 .9 S rm �m��'��� qo��� os ,o• '�S _F ��m V� � y � iQ Al w Ga o 4; $ E oo as _. oo oG 'o'o 1' °w' is rad q V z $�a 0 aEv�$u �_ Im -8So 09-26-1997 02:03PM FROM TO 19072933014-01 -- �C GL 46. urnvUU�+o, ou A °.3'0� omri E =°aa °r'_. c a�62rn.5 Q. rnz z [•r � c.., v �,,, is sm C ' = o � � u �v S � �,S — 5'as > 0.9 a"�r� 1O o0 o 9 r3 L > a as y ,�' C° E v � �4.5�a cs��.5� abbe c S� '��•y p Ua ° oa S�Z $ .. 549 N o u W_:° ma.rnvv to • • • O w , o 96 3>r 0 ,a 83- A Lr ., R C u u > O vi - Vl 5.1 is. ° Z a c O as as 3 '> •°3 G v:O 3 V 31 C a y j Vi N ae fn 2cis is X •� �. ,. i, . as 3 �, C i 5 9 6'o c 41 e Z z a�ao 3Tea Co:CZ.� s C � u o �_a�Ls O zgo a q. 0-4 Va Ez�a:ZQy�C87 yau >, v as � V v ay/1 � � •pr V � ~ � 4.� O Y ►•n �' O G _ Z• C 7 E A 'a y G cLi in i. G v 9 Yti.y4.in ° ..7Gz0 UQ Z 08-26-1997 02:04PM FROM CA � %» 7 CLQ CL m F3 z�m� dV 43• 1A Q O w � •a.•5 ... s. -c z an ,O 0 y •yoyee S a $ V 3� ."�•V � u of O cZ lu � �E..CsOIc��x°aor,Lp�oUuZ,�ao�5,Vjv,•=, V p i^o c �o €'�o-o� �Q �•�w cz �� ao c300oo EoD �voo<: oo csioo ►u.�ooZQ b v�v 96 a� R 96 v V "rs z Q 3 •� eo V1N•m � _ e i � A , ��z5� Qi y w � � O 5 y V 7 II . 1U-' Q •O 4J _ � r i O o &- o E o$ Z at � Q'� TO 19072833014-01 P.12 TOTAL P.12 No changes No Changes MAYOR'S REPORT SEPTEMBER 3, 1997 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA CONSENT AGENDA MAYOR'S REPORT REQUESTED BY: 1791 - 1991 CITY OF KENAI . W Ca*( o� FAX-� TO 210 Fidalgo, Suite 200 Kenai. Alaska 99611-7794 Phone 907-283-7535 Fax 907-293-3014 Date Number of Pages _ AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 3, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.Kenai.net/ city B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. 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. 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. Additional information can be found at http:/Iwww. Kenai. net/cite. The public is invited to attend and participate. Carol L. Freas City Clerk 1791-1991 CITY OF KENAI . W Cgda( o� 4hzkd FROM 210 Fidalgo, Suite 200 Kenai, -Alaska 99611-7794 J r Phone 907-283-7535 Fax 907-293-3014 Date F�/1? % Number of Pages 1791-1991 CITY OF KENAI . Cqdat ol F2" TO i FROM D� 5 RZMARIM- 210 Fidalgo, Suite 200 Keaai,.Alaska 99611-7794 Phone 907-283-7535 Fax 907-293-3014 r Date T /�,?l / Number of Pages I/ clf - Admin - crg - KENAI CITY COUNCIL MEETING AUGUST 20, 1997 "TO DO" LIST Post park tour invitation to councilmembers - Thursday, 8/28/97 at 6:00 p.m. Place copy of resolution of support or any existing agreement with Challenger in goals and objectives packet and forward a copy to Challenger Center as well. Place new maintenance shop on goals and objectives discussion list Place amendment of golf course lease for approval for next regular council meeting. Place, for introduction on September 3 agenda, ordinance declaring Dairy Queen building/property not needed for public use. Prepare ordinance to designate city manager position not an employee and opt the position out of PERS by resolution. KENAI CITY COUNCIL MEETING SEPTEMBER 3, 1997 INFORMATION ITEMS 1. 8/20/97 Council Meeting "To Do" List. 2. 8/21/97 RR letter to Alaska Board of Fisheries requesting agenda change. 3. Responses to council's resolution in support of the Tustumena Lake Sockeye Salmon Enhancement Project: 1. 8/20/97 Fish & Wildlife Service letter 2. 8/ 1/97 Senator Ted Stevens letter 3. 8/ 19/97 Senator Frank Murkowski letter 4. 8/21/97 Cook Inlet Aquaculture Association letter 4. Agenda for 9/3/97 Kenai Peninsula Municipal Coalition Meeting and minutes of 6 / 4 / 97 Coalition meeting. 5. 7/22/97 Senator Murkowski letter regarding Community Health Center in Kenai. 6. 8/ 15/97 Governor Knowles letter regarding Kenai Peninsula Borough's application for designation as a medically underserved area. 7. 8/26/97 Ashley Reed memorandum and attached subsistence information. COUNCIL ITEMS MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: August 18, 1997 RE: DIPAETTING - KENAI BEACH At approximately 4:05 p.m. today, I took a message from Jim Flood, (907)345- 2917 (evenings) and (907)565-0620 (work). He had read the article in regard to dipnetting and the concerns of debris left by the dipnet fishers which he read in the Peninsula Clarion. Mr. Flood had two questions/suggestions: 1. Why doesn't tlyCity make it a fee area, place cleaning tables along the beach and put someone into to police the area? 2. Would like tent camping on the beach available. He brought his tent trailer to stay in during tides, but was told he couldn't use it and had to move on. He felt this was not fair as there were motor homes parked in the parking area and along the street that people stayed in for several days. When Mr. Flood commented he felt it was the city's fault for not having foresight, I explained the council had been discussing the matter for some time. In an effort to make the season run smoother, it first closed off Kenai Avenue to parking; acquired an Exxon Valdez Trustee Council grant to place the cylinders, stairs, etc.; and through discussions with Fish & Game representations, have received their offer to place additional dumpsters in the area (the city will have to service them), signage and increase enforcement efforts (I neglected to mention the idea to move the dipnet boundary seaward of the no -name creek). Mr. Flood seemed appreciative of the city's efforts and I thanked him for his comments. However, Mr. Flood would appreciate your response as well. clf TONY KNOWLES, GOVERNOR OFFICE OF THE I.T. GOVERNOR August 6, 1997 Carol Freas City Clerk City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 Dear Carol: DIVISION OF ELECTIONS P.O. BOX 110017 JUNEAU, ALASKA 99811-0017 PHONE. (907) 465-4611 Over the past year, the Division of Elections has focused its attention on improving efficiency and enhancing responsiveness to the public, communities and election districts we serve. A key element in our strategy is the realignment of election districts in our regional structure so that we achieve a balance in the total number of precincts assigned to each regional office, equalizing voter -to -staff ratio, and thereby evening the workload among offices. As the areas beyond the immediate vicinity of Anchorage continue to grow, while budget constraints limit our ability to increase staff, it has been my concern that we seek ways to assure thpt our service to these districts remains comprehensive and responsive. Therefore, after careful consideration of the special characteristics of the districts involved, I have adopted a plan in which Election Districts 7, 8 and 9 (Kenai Peninsula), located at present in Region II, will become part of Region I November 1. Please see enclosed map. Each regional office has instant access to all voter records and election management data through VREMS (Voter Registration and Election Management System), allowing us to accomplish the transition with no interruption of service or noticeabie difference to voters, city clerks and candidates for office. This is an "invisible" change, affecting only workload assignments within the division. Your constituents will still be able to register, update records, verify voter history, submit petitions, file for office or complete any other transaction related to voting, at any regional office. Likewise, legislators and candidates may contact any region for information, materials and assistance they need. Region I Election Supervisor Pamela J. Crowe, located in Juneau, is experienced in providing technical assistance to semi -urban precincts and training both computer and hand -count precincts. She also understands the special services that must be provided to precincts with seasonal fluctuations in populations. 01-A2LH Carol Freas August 6, 1997 Page 2 Carol Thompson, Region II Election Supervisor, located in Anchorage, is working closely with her to assure a smooth and efficient transition with no disruption of service. They will be traveling to the Kenai together in early September so that Pam may meet clerks and familiarize herself with the area's polling places. Please be assured that we will do everything possible to continue to provide the best service possible to the voters in these three districts. While the change is one that affects internal division workload, I would be more than happy to discuss this realignment with you or your staff. Sandra J out Director Enclosure: cc: Lt. Governor Fran Ulmer Pam Crowe, Region I Carol Thompson, Region II Fairbanks Area �38S v 40-T e 37-S R.d«. 36-R 38-S� , 428-N M Wbr� • 39-T 40-T " ...� ,op r�iDhZ STATE OF ALASKA _ 1994 PROCLAMATION PLAN ELECTION DISTRICT MAP a irx%:tx%X::xx:i>:Xxx%%XXx Kxx.:Xf:%%%i:X%Xx• :�. .- ._ - 1 i. • Ti WON -- — — �✓�- ` pu.xxx:: ` Now TAloveftther. o Red ioh Z 94? `�'�'� \'C� `^`� � If elte t ► Department of Natural Resourc" x` Division of Support Service Land Records information Section February 16, 1995 217 Second Street, Suite 200 ■ Juneau, Alaska 99801 ■ Tel (907) 586 -1325, Fax (907)463-548( August 22, 1997 TO: AML Members FROM: Julie Krafft Director of Member Services RE: 1997 Municipal Awards Program RECEIVED AUG 2 7 1997 KENAI CITY CLERK Enclosed please find nomination forms for the 1997 Excellence in Local Government Program. We are seeking nominations for the Elected Municipal Official of the Year, Municipal Employee of the Year, and Outstanding Contribution Award. Please distribute copies to any interested parties who might want to nominate someone for these awards. The awards will be presented at the Annual Awards Banquet at the 1997 Local Government Conference in Ketchikan. Nominations must be returned to The Alaska Municipal League by September 30, 1997. Faxed copies are acceptable. Thank you for your help. cc: Municipal Clerks AML Board Members AML Legislative Committee Associates / Affiliates C: \jk\conf.97 \ clerkaward.doc Member of the National League of Cities and the National Association of Counties The Alaska Municipal League EXCELLENCE IN LOCAL GOVERNMENT PROGRAM Elected Municipal Official of the Year or Municipal Employee of the Year Purpose and Criteria: The purpose of the Alaska Municipal League Municipal Official of the Year Awards is to recognize local government officials who have demonstrated a commitment to ex- cellence in local government both within their own communities and on a statewide level. The criteria for judging are: 1. Individuals must come from a member municipality. 2. Individuals will be judged on their contributions to the betterment of local gov- ernment within their municipalities and statewide. Eligibility: Any elected official or municipal employee of an AML member municipality is eligible. Planning commissioners are considered elected officials for the purpose of judging. City managers are considered employees. Current members of the AML Board of Directors are the judges and are ineligible to receive the award. Officials and employees of a school district are ineligible unless they are also elected municipal officials. Nomination: The official nomination form or a copy must be accompanied by a letter of nomi- nation and must be completed and signed by two elected officials of the sponsoring municipal- ity. A photo of each nominee will be required no later than October 15,1997. There is no limit to the number of candidates for each award that may be submitted by any single municipality. However, municipalities are encouraged to submit a single nomination for each award to strengthen the nomination and demonstrate total community support. Nominations must be received at AML by September 30,1997. Judging: The judges are the AML Board of Directors. The Award: Each winner will receive a personal plaque and have his or her name listed on a permanent plaque in the lobby of the AML office. The winners will also be featured in an article in the AML Touchstone. The award will be announced and presented at the Annual Awards Banquet at the Local Government Conference in November. The Alaska Municipal League EXCELLENCE IN LOCAL GOVERNMENT PROGRAM Outstanding Lifetime Contribution Award Purpose & Criteria: The purpose of the Outstanding Contribution Award is to recognize individuals who have made a truly outstanding, long-lasting contribution to municipal governments statewide through their contributions to the League. The criteria for the award are: 1. Contribution to the Alaska Municipal League 2. Promotion of League ideals, philosophy, and goals 3. Contribution to local government at a statewide level 4. Involvement with municipal concerns and issues 5. Statewide leadership Eligibility: Employees and elected officials of Municipal Members and Associates of the AlaskaMu- nicipal League are eligible to receive the award. Nomination: Nominations for the Outstanding Contribution Award can be accepted from the Execu- tive Director, the Board of Directors, or any AML Municipal Member or Associate. The nomination does not require the signature of elected officials of a sponsoring municipality. There is no restriction on the number of candidates or winners of the award. Nominations may be accepted after the dead- line with approval of the Board of Directors. Judging: The judges are the AML Board of Directors. The Award: Each winner will receive a plaque. The award will be announced and presented at the Annual Awards Banquet at the Local Government Conference. Certificate of Appreciation The Certificate of Appreciation can be bestowed at any time at the discretion of the Executive Director or the Board of Directors. Its primary purpose is to recognize individuals, regardless of membership status, who have made a worthy contribution to the Alaska Municipal League or local government. The Alaska Municipal League EXCELLENCE IN LOCAL GOVERNMENT PROGRAM Nominee's Name: Title: Municipality: Nominator: This person is nominated for: OFFICIAL NOMINATION FORM 1997 Phone: Title: Elected Municip:: Official of the Year Municipal Employee of the YearEl Outstanding Lifeiime Contribution Award ❑ Each nomination for the ELE==D MUNICIPAL OFFICIAL OF THE YEAR and MUNICIPAL EMPLOYEE OF THE YEAR must be signed by two elected officials of the municipality making the nomination - Signature: Title: Signature: PLEASE ATTACH: Title: A one -page letter of nomination explaining why the nominee named above deserves to be recog- nized as the Elected Municipal Official of the Year or the Municipal Employee of the Year. Qualifications should include the nominee's contribution to your community, to local government at the state- wide level, and to the Alaska Municipal League; or, A one -page letter of nomination for the Outstanding Contribution Award explaining the nominee's contribution to the Alaska Municipal League and his or her part in the promotion of League ideals, philosophy, and goals. Signatures of municipal officials are not required for the Outstanding Contri- bution Award. A photo of each nominee must accompany the nomination or be submitted to AML no later than October 15,1997. Complete and send this form and your letter of nomination to: Alaska Municipal League Excellence in Local Government Program 217 Second Street, Suite 200 Juneau, Alaska 99801 FAX: (907) 463-5480 Nomination materials must arrive at the AML office by September 30,1997. (Faxed copies of this form and letter of nomination are acceptable.) DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, ALASKA P.O. BOX 898 ANCHORAGE, ALASKA 99506-0898 E%Y :!�_- Project Formulation Section RECEIVED 0 2 ! 1997 KENAI CITY CLERK S 1 9 1997 Cors�lc.Q Honorable John Williams Mayor of Kenai lei 210 Fidalgo Avenue, Suite 200 #1� Lfiri Kenai, Alaska 99611-7794��i1 p�1 Dear Mayor Williams: You may remember that on June 26, 1997, we sent you a letter informing you of the results of our reconnaissance study of navigation and erosion control problems in the lower Kenai River. We enclosed three reports with that letter. The study found that significant problems exist in the lower river because of congestion of commercial fishing vessels and limited depths for access to and from Cook Inlet. Also, the study recommended a solution to the erosion of the city -owned shoreline near the Senior Center. We found a Federal interest in both of these projects and found that cost -shared feasibility studies could be justified. We also stated that a non-federal sponsor would be required to share the cost of the study on a 50/50 basis, with up to half of the sponsor's share as in -kind services rather than cash. In closing, we requested a reply regarding the city's interest in sponsoring further studies. We sent a similar letter to Ms. Lisa Parker, planning director of the Kenai Peninsula Borough, and the borough is also receiving a letter similar to this one. Since we sent you that letter, we have continued developing a feasibility study plan and cost estimate. Our latest figures indicate that further studies of both. the navigational improvements and the erosion control improvements would cost approximately $500,000: $250,000 Federal and $250,000 from the sponsor. If only the erosion control improvements are studied, costs would be somewhat less: approximately $280,000, with $140,000 Federal and $140,000 required from the sponsor. A local sponsor is needed for these studies to continue into the feasibility phase. To help you make a decision regarding further participation, a brief description of the tasks and their associated cost is enclosed. Until these tasks are coordinated between the different Corps disciplines and the local sponsor, they should be considered preliminary; however, substantial changes are not expected. -2- Please let us know soon whether you are interested in participating in further studies. Feel free to contact me at (907) 753-2609 with any questions you may have. Sincerely, Carl D. Stormer Chief, Project Formulation Section Enclosure KENAI RIVER NAVIGATION IMPROVEMENTS AND EROSION CONTROL Feasibility Baseline Scope of Studies The feasibility study will be accomplished with Alaska District resources. with in -kind contributions of the Sponsor, and through contracts administered by the Alaska District. Public involvement will be continuous throughout the study, culminating in an advertised public meeting in Kenai. Alaska. Study management activities. on the part of the Corps and the sponsor, will also occur throughout the study process. The study will be structured into three phases. Tasks related to each phase will result in determinations important to the continuation of the study. Each phase will culminate in a Review Meeting to include the study tearn, the non-federal sponsor, members of the technical review team, and other Corps representatives. At the Review Meetings the results of the corresponding phase(s) will be presented and a consensus reached regarding how to proceed in the nest phase. Phase L Within two months after study initiation. a Project Study Plan review meeting will be held. The purpose of the meeting will be to review the study approach and identifi, anv issues or concerns that could arise during the course of the study. This review meeting will include representatives of the local sponsor. Corps Headquarters, the Corps Pacific Ocean Division. and the Alaska District. A preliminary identification and screening of all potential alternatives will occur early in Phase I. Important elements of this preliminary screening will be preliminary geophysical investigations at the sites and an initial site visit by key study and technical review team members. The without - project conditions for the economic analysis and the fleet to be accommodated will be identified for the navigation improvements, and the without -project conditions and a damage assessment will be conducted for the erosion control improvements. Remaining tasks in Phase I will be geared to answer critical questions regarding the development and design of the navigation and erosion improvements. The major tasks in Phase I include conducting a preliminary wind, wave, and water analysis through the use of available data and the development of a model wave climate for use in further evaluation and design activities. At Review Meeting I the potential without -project conditions at Kenai for the navigation and/or erosion improvements will be summarized. The results of the preliminary screening will be presented. The preliminan, evaluation of wind, wave, and water levels related to the studv area will be presented and the need for further investigations will be discussed_ Real estate and design considerations related to the project sites will also be discussed. Based on this and information provided by other Phase I evaluations. a consensus regarding the focus of more detailed studies in Phase II will be reached. Phase II. For purposes of estimating the PSP. it is assumed that the combined features alternative for the navigation improvements and the steel sheet -pile bulkhead with splash -proof backfill for the erosion control «-ill be developed. The PSP will be amended if the results of Phase I studies indicate differently. Hvdraulic analysis will define physical aspects of the marine setting at the sites and provide information necessary to design cost-effective improvements. A greater detailed geotechnical analysis to define the nature of the seabed in the area of navigation improvements will be conducted to obtain information necessary to accurately estimate the cost of excavation. Geotechnical analysis will also be conducted to define the nature of the materials in and around the bluffs in order to accurately estimate the requirements of the erosion control improvements. An economic analysis will determine the National Economic Development (NED) benefits of alleviating the navigation and/or erosion problems that currently exist at Kenai. An Environmental Assessment (EA) will be compiled with the aid of the U.S. Fish and Wildlife Service and published with the Feasibility Report. The objective of all Phase II tasks is to identify the NED Plan. The NED plan is the one that reasonably maximizes net NED benefits consistent with protecting the Nation's environment. pursuant to national environmental statutes_ applicable executive orders, and other Federal planning requirements. Phase III. During Phase III a Baseline Cost Estimate will be prepared to support the project scope and schedule for the NED plan. If the non-federal sponsor requests a plan differing from the NED plan, detailed cost estimates for both the NED plan and the "locally preferred" plan will be prepared. Report preparation, review, and approval will be finalized in Phase III. The Feasibility Review Conference will serve as the Phase III Review Meeting. Prior to publication and review by the public and Corps of Engineers Headquarters, a review of the feasibility report and EA will be conducted by the technical review team. Estimated Cost The following table presents the preliminary start dates and cost estimates for each feature or phase of the feasibility study. The second and third column, Estimated Cost for Navigation and Erosion Improvement Studies and Tentative Dates, assumes that both navigation and erosion control will be investigated. The third and fourth column assumes that only erosion improvements will be investigated. Kenai River Navigation Improvements and Erosion Control Estimated Feacihility Stnriy Cnete Item of Work Estimated Cost For Navigation and Erosion Improvement Studies $000) ^— vVy�V Tentative Dates For Both Estimated Cost for Erosion Improvement Studies Only ($000) Tentative Dates For Erosion Only Coordination and Admin. 69 Jan 1998 55 Jan 1998 Phase I — Navigation 68 Jan 1998 N/A N/A Phase I — Erosion Control 25 Jan 1998 76 Jan 1998 Phase Il — Navigation 177 Oct 1998 N/A N/A Phase II — Erosion Control 52 Oct 1998 73 Jul 1998 Phase III 109 Jun 1999 76 Feb 1999 Feasibility Review Conference Included Above Jan 2000 Included Above Apr 1999 Final Report to HQ Included Above I Feb 2000 Included Above Jun 1999 Est. Total Cost (Fed and Non -Fed) 500 N/A 280 N/A 2 TONY KNOWLES, GOVERNOR DEPARTMENT OF CONEWUNITY AND REGIONAL AFFAIRS MUNICIPAL & REGIONAL ASSISTANCE DIVISION 0 333 W. 4TH AVENUE, SUITE220 ANCHORAGE,ALASK4 99501-2341 PHONE: (907) 269-4500 ``FAX: (907) 269-4539 ; P.O. BOX 112100 JUNEAU,ALASKA 99811.2100 PHONE: (907) 465-4750 FAX (907) 465-2948 0 P.O. BOX 348 BETHEL, ALASKA 99559-0348 PHONE: (907) 543-3475 FAX (9071543-4152 0 209 FORTY MILE AVENUE FAIRBANKS, ALASKA 99701-3110 PHONE: W7) 452-7126 FAX: (907) 451-7251 Dear Municipal Official: 0 P.O. BOX 350 KOTZEBUE, ALASKA 99752-0350 PHONE. (907) 442-3696 FAX (907) 442-2402 0 P.O. BOX 790 DILLINGHAM, ALASKA 99576-0790 PHONE: (907) 842-5135 FAX (907) 842-5140 0 P.O. BOX 1068 NOME, ALASKA 99762-1068 PHONE: (907) 443.5457 FAX (907) 443-2409 The Shared Fisheries Business Tax Program was created by the Legislature in 1991. The purpose of this program is to provide for a sharing of state fish tax collected outside municipal boundaries with municipalities that have been effected by fishing industry activities. This is the fifth year for this program. Municipalities around the state will share approximately $1,275,991 based on 1996 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that program funding be first allocated to fisheries management areas around the state based on the level of fish processing in each area compared to the total fish processing for the whole state. Then the funding is further allocated among the municipalities located within each fisheries management area based on the relative level of impacts experienced by each municipality. Details of how the program works are presented in the application under Program Description. Your community is located in the Cook Inlet Fisheries Management Area. The municipalities located in this area include Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Seward and Soldotna. The FY 98 program total allocation to be shared within this area is $44,615.10. In fisheries management areas where the program allocation is greater than $4,000 multiplied by the number of municipalities in the area, program regulations provide for a "long -form" application. In your area the threshold value is $32,000 (8 municipalities x $4,000) and you are therefore receiving the attached Long -Form Application. We encourage your municipality to complete the FY 98 Shared Fisheries Business Tax Application as soon as possible. FINAL DEADLINE for submissions of applications is December 15,1997. The long -form application provides for a "standard" and an "alternative" method of funding allocation. Please note that proposals for alternative methods must be received by the department by November 1, 1997. If you have any questions about the program, or require assistance in completing the application, please call me at 465-4733 or Michael Cushing at 465- 4751. f2trator Bill Rolfzen Program Ad 21-P4LH COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: TS j � -�%� �J , /9 �P7 Mayor and Council Attorney Clerk ` Fire Department Police Department Senior Center Library Parks & Rec. AGENDA DISTRIBUTION STP Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Dock STP Official Bulletin Board Fax City Manager_ Woodford Springer Finance Kebschull__,/— Public Works Kim Airport / Clarion ✓ Engineer / Commissions Airport Aging Library Harbor(KW) Pks & Rec. P&Z Beautification Historic District Bd 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.