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
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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
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DATE: 08/21/97
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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STATE OF ALASKA
_ 1994 PROCLAMATION PLAN
ELECTION DISTRICT MAP
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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
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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.