Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1997-12-03 Council Packet
Kenai City Council Meeting Packet December 3, 1997 AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 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) 1. Kathy Sullivan - Peninsula Winter Games C. PUBLIC HEARINGS 1. Ordinance No. 1764-97 - Appropriating $1,000 Received From the Wal- Mart Foundation. 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 -1- E. MINUTES 1. *Regular Meeting of November 19, 1997. 2. *Notes of Council Work Session of November 19, 1997. F. CORRESPONDENCE G. OLD BUSINESS 1. Discussion - Cunningham Park Property/Garcia Building Encroachment H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1765-97 - Increasing Estimated Revenues and Appropriations by $9,000 in the Boating Facility Enterprise Fund to Purchase Additional Fuel. 4. Discussion - Dairy Queen 5. Discussion - American Heritage River Initiative - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -2- MAYOR'S REPORT DECEMBER 39 1997 REGULAR COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD TO: H-2, purchase order to Cummins Northwest, Inc. - $ La Shot 3,500. REMOVE FROM: H-2, purchase order to Government Computer Sales (Library computer purchase) DeForest ADD AS: H-6, Discussion - Request for letters of support from Frontier Community Services. Vice Mayor Measles ADD AS: Information Item No. 6 - L. Semmens memorandum regarding KPB Ordinance No. 97-73, amending personal property tax. City Manager No Changes CONSENT AGENDA MAYOR'S REPORT MAYOR'S REPORT DECEMBER 3, 1997 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA ADD TO: D-7b, Historic District Board Report - Applications for appointment from Rebecca Lambourn and Cecelia Richard. ADD TO: G-1, Discussion - Cunningham Park Property/Garcia Building Encroachment - 12/4/97 Sara Cunningham Scott letter and attachments. No Changes CONSENT AGENDA MAYOR'S REPORT 1. Youth Detention Center 2. Maintenance Shop 3. Animal Shelter - dedication plaque order. REQUESTED BY: Clerk City Manager COUNCIL MEETING OF /'2/3`�-/ PAGE / OF M 8 v , BOOREY SWARNER ; WORE MiLES BOCKSLEY WILLIAM8 rd �7��- M S v BOOREY SWA X MOORE MEASLES BANNOCK SMALLEY WILLIAMS 8 v BOOREY E q d M S v BOOREY SWARNER MOORE MEASLES BANNOCK SMALLEY WILLIAMS M 8 BOOREY SWARNER MOORE MEASLES BANNOC SMALLEY WILLIAMS 60• E r r 1' • i OUR CHALLENGE TO PROVIDE PENINSULA YOUTH WITH WHOLESOME FUN & FROLIC THE PENINSULA WINTER GAMES The youth of our communities are the focus of the Peninsula Winter Games. They deserve our dedication to the success of these winter activities. The smile or laughter of a child is well worth all the effort necessary. Let's make the Peninsula Winter Games something our community and our young people look forward to with anticipation and enthusiasm. Help us bring the largest selection of activities ever to this year's Peninsula Winter Games. "Our Kids are Our Greatest Resource" �p \NINTH - 3Y m + INTRODUCTION j From January 31, to February 8, 1998, hundreds of athletes, coaches and families from the Kenai Peninsula, Anchorage and surrounding areas will be visiting the cities of Soldotna, Homer, Seward, Nikiski and Kenai to participate in the Peninsula Winter Games. These athletes will be competing in many sporting events such as cross country skiing, figure skating, speed skating, hockey, snow shoeing, gymnastics and many more events. Staging an event of this magnitude will require the involvement of many segments of our community. This contributor information package has been specifically prepared for our corporate sponsors. It is with great pride that we offer you this opportunity to invest and participate in the introduction of our communities as a winter play land and recreational destination for our neighbors. FINANCING THE GAMES The cost of hosting the 1998 Peninsula Winter Games is estimated at $125,000. The major expenditures include: insurance, awards, purses, rental of the sport facility, etc. We must depend solely on the support of the public sector to secure the financial needs of the games. "Today's Youth are Tomorrow's Leaders." I I I I � A�w A+m 9 -, BOARD OF DIRECTORS President............................................................................................................. Mike Sweeney VicePresident........................................................................................................ Mavis Blazy Secretary...................................................................................................................Kurt Olson Treasurer................................................................................................................ Mike Gutsch Directors............................................................................................................John Torgerson Ken Lancaster Senator Torgerson & Bernice York with recognition Certificate "Adults Allowed with Kids" BOARD MEMBERS: Norman Blakeley Richard Brown Ed Bryson Bob Favretto Sandra Ghormley Bruce Hardy Guy Hayes Mark Necessary Diana Spann Bernice York, Ken Lancaster, John Torgerson, & Mike Sweeny presenting Hockey medals HISTORICAL PERSPECTIVES The Peninsula Winter Games were started back in 1973 by the late Mr. Al York, a member of the Soldotna Lions Club. 'Mr. York recognized the need to create an event where the local children would have some fun during the winter months. With the passing of Mr. York, Mrs. York and then private citizen Mr. John Torgerson picked up the torch and with the help of many other volunteers carried forward the tradition of the Games. As the Games continued. it became obvious they had the potential to become a premier winter carnival that would draw winter tourists, stimulating business in our communities. The Peninsula Winter Games are now doing just that. NEW HORIZONS The Board of Directors for the Kenai Peninsula Winter Games recently committed to the procurement, design, and construction of a snowboard/skateboard hill in the Soldotna area. This park will be used as a snowboard hill in the winter and a skateboard facility in the summer. Because of this Board commitment and our expanding Games we have initiated a year round fund raising effort. We are certain you will want to join in this opportunity as we make the Peninsula a year round destination. The visions of yesterday could be the realities of tomorrow if we all work to make it happen. WINTER TOURISM Increasing the winter tourism on the Peninsula has been a goal for many businesses. The Peninsula Winter Games will be a very important part of the endeavor. Filling vacant hotel rooms and increasing visitor spending during the "off season" provides benefits throughout the communities. The Peninsula Winter Games can only help spread the word about our area as an attractive winter destination. "Give Kids a Chance to Participate" "Family Fun For Everyone" LU 9k� m a. ECONOMIC BENEFIT "Family Fun For Everyone" In addition to the estimated $125,000 in expenditures necessary to host the Games, an additional $75,000 or more in expenditures is expected from friends and families. This $200,000 will circulate several times through the local economy providing economic stimulation of various industries including: hotels, airlines, restaurants, gift shops, general retailers and more. It is estimated that over 250 volunteers will be needed to successfully stage the 1998 Games. This level of involvement by the local residents, combined with the support of the local business and civic leaders, will foster a great deal of pride in our communities and a knowledge that when we all pull together we can accomplish great things. Reminder: BREAKFAST Sports Center - February 1, 1998 7 am to noon Free to all kids, sponsors, and Snow Machine Raffle Ticket holders All events are "free" to kids!! "What price is a kid's smile?" I SPONSORSHIPS The Peninsula Winter Games offers our contributors many opportunities to be recognized for their support. Our program includes: Media support, Peninsula -wide distribution of posters, signage and event schedules at each sports venue. It is our intent that the public will know of your generous support. All sponsors will have signs showing their sponsorship at the events. $100-$250 Sponsors Receive 'hank you recognition in publications, Certificate of Sponsorship, and free breakfast. - S500 Sponsors Receive y = Same as $100-$250 Sponsors, plus Sponsorship of one of the following events: Puck Radar Shoot Speed Skating Relay Races Snow Volleyball Horse Skijoring Ice Golf Figure Skating Cribbage Tourney Gymnastics Community Memories Colored Ice Cube Hunt Open Skate Horseshoes Swimming Events Broom Hockey in as $1004250 Sponsors, plus Free Entry to all Events and sponsorship of one of the following events: Kids Fishing Pond Breakfast Log Sawing Racquetball Tourney Basketball Dart Tourney Kids Snow Machine Rides Teen Dance Ice Bowling ie as $100-$250 Sponsors, plus Free Entry to all Events, a''/2 Page advertisement, and sponsorship of one of following events: Snow Bogs Fireworks Kids Hockey Tourney Banquet Al York Jr. Dog Musher's Race Same as $1004250 Sponsors, plus Free Entry to all Events, a full Page advertisement, advertising in any Statewide publications, and sponsorship of one of the following events: Dog Sled Race Dog Sled Weight Pull Ice Sculpture Snow Machine Race $10,000 Sponsors Receive - _ Co -Sponsor of all the Peninsula Winter Games $250.00 Sponsorship includes 1 Column x 2 inches $500.00 Sponsorship includes 2 Column x 3 inches $1000.00 Sponsorship includes 2 Column x 5 inches "Help Make it Happen for the Peninsula Youthll" SPONSORSHIP PLEDGE Please fill out this pledge sheet to indicate your level of sponsorship. I pledge my support to the Peninsula Winter Games in the amount of $ Name of Company: Contact Person: Address: City/State: Zip_ Telephone Number- Fax Number Authorized Signature Printed Name Please Mail Contribution/Pledge to: Peninsula Winter Games P. O. Box 2655 Soldotna, Alaska 99669 Telephone(907)398-2211 "Thanks for your support of our kids!" C - i Suggested by: Administrati.,.a City of Kenai ORDINANCE NO. 1764-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $1,000 RECEIVED FROM THE WAL-MART FOUNDATION. WHEREAS, the Mayor received a $1,000 American Hometown Leadership Award from the Wal-Mart Foundation; and WHEREAS, the Mayor and Council would like to pass this money on to the Challenger Learning Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous $1,000 Increase Appropriations: Legislative - Miscellaneous $1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of December, 1997. H. RAYMOND MEASLES, VICE MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: November 19, 1997 Adopted: December 3, 1997 Effective: December 3, 1997 Approved by Finance: (11/7/97) k1 KENAI AIRPORT COMMISSION NOVEMBER 13, 1997 Kenai City Council Chambers Tom Thibodeau, Chairman ***AGENDA*** ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL i=. ITEM 3: APPROVAL OF MINUTES a. September 11, 1997 b. October 9, 1997 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Dottie Fischer and Charlotte Legg - Gift Shop Lease/Gift and Travel Agency Use ITEM 5• OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: AIRPORT MANAGER'S REPORT a. ARFF Update b. Airport Manager Search C. Enplanement/Pay Parking d. Float Plane Basin Recap ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agenda (10 / 1 / 97 and 11 / 5 / 97) b. DBE Concession Accomplishment Report - FY 1997 C. Updated Airport Commission Membership List ITEM 11: ADJOURNMENT KENAI AIRPORT COMMISSION November 13, 1997 - 7:00 p.m. Kenai City Hall Council Chambers Chairman Thomas Thibodeau * * * MINUTES * * * 1. CALL TO ORDER AND ROLL CALL Members Present: Ron Holloway, James Bielefeld, Barbara Edwards, Bonnie Koerber, Sandra Hudson, Tom Thibodeau �- Members Absent: Henry Knackstedt c- Also Present: Councilman Raymond Measles, Airport Manager Randy Ernst, Contract Secretary Barb Roper 2. AGENDA APPROVAL HOLLOWAY MOVED TO APPROVE THE AGENDA. MOTION SECONDED BY EDWARDS. AGENDA APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES a. September 11, 1997 HOLLOWAY MOVED TO APPROVE THE MINUTES OF SEPTEMBER 11, 1997. MOTION SECONDED BY EDWARDS. b. October 9, 1997 HOLLOWAY MOVED TO APPROVE THE MINUTES OF SEPTEMBER 11, 1997. MOTION SECONDED BY EDWARDS. 4. PERSONS SCHEDULED TO BE HEARD a. Dottie Fischer and Charlotte Legg - Gift Shop Lease/Gift and Travel Agency Use Dottie Fischer, Kenai, Alaska reported that Charlotte Legg, her partner, could not be present at the meeting due :o illness. Fischer presented their business plan which is to operate a gift shop and travel agency from the existing gift shop location at the airport terminal. The type of gifts were discussed and Fischer pointed cut that the shop would AIRPORT COMMISS: �)N MEETING MINUTES NOVEMBER 13, 1997 PAGE 1 concentrate on local or Alaskan type items. Fischer pointed out that both she and Legg currently operate businesses out of their home. Fischer also explained some of their advertising plans which include the Internet. Discussion took place on the existing gift shop and the current lessee. Ernst reported the current lessee has been given notice and there is 15 days remaining before the lease can be terminated. Ernst stated the lessee may out of state so it is possible the City would have to hire an independent firm to package and inventory the items left in the gift shop. This material will have to be stored in a secure area. Once that is accomplished then the area is available for leasing. Ernst indicated that in the interim the travel agency portion of the new venture could be operated from the glassed in area in the terminal. Fischer stated the area may be too small for her operation and she certainly doesn't want to be in competition with anyone else. She further stated there is a $750.00 charge each time her ticket printer is moved, even if it's 3 feet. Ernst reported Fischer and Legg indicated in their letter that they would be willing to pay the square footage rate and Council may decide to charge that, however, this is still a negotiable item. Ernst pointed out the gift shop, restaurant, and bar are all on a different schedule as they pay just a flat rate of whatever they decided to do. A way to get Fischer and Legg in the area quickly is to say it is not an exclusive right to do business in the terminal. While this gets them in the terminal faster they need to realize that someone else can come in with the same type of business. The only other option would be to bid it and the entire Christmas season would be lost to them. At this point it is unlikely they would be in before mid -December. Ernst pointed out the next Council meeting is on November 19. Fischer was encouraged to contact the City Clerk to see if she could be placed on the agenda. Holloway stated he thought this was an excellent idea as the travel agency and gift shop is a good combination and would be very convenient. HOLLOWAY MOVED TO APPROVE THE PROPOSED GIFT SHOP AND TRAVEL AGENCY LEASE. MOTION SECONDED BY EDWARDS. Vote Holloway Yes Bielefeld Yes Knackstedt Absent Edwards Yes Koerber Yes Hudson Yes Thibodeau Yes AIRPORT COMMISSI ON MEETING MINUTES NOVEMBER 13, 1997 PAGE 2 MOTION PASSED UNANIMOUSLY. 5. OLD BUSINESS - None 6. NEW BUSINESS - None 7. AIRPORT MANAGER'S REPORT a. ARFF Update Ernst reported the construction on the ARFF project is progressing very well and encouraged Commissioners to visit the job site. The foundation is up and the walls are being erected. It appears the facility will be completed by mid -summer. Thibodeau asked if the Challenger Learning Center was still going to be built in that area. Measles answered that it is now going to be built in the dust bowl area for two reasons. Firstly, it would be more visible in the dust bowl area; and secondly, the move also allows for future expansion of the fire training facility. Ernst reported the State will also participate in the financing of the ARFF project. $276,000 of their portion has been received. b. Airport Manager Search Ernst reported the airport manager job search has been narrowed down to two candidates. A third was being seriously considered but he withdrew at the last moment. The City will be conducting a second interview with Kevin Bunnell from Colorado on Tuesday. Bunnell was interviewed by phone and the City decided to fly him up for a second interview as he has the qualifications required for the position. If Bunnell and the City reach an agreement a job offer could be made as early as Tuesday, November 18. Thibodeau asked how many Alaskans were considered. Ernst reported there were some that have applied but none were closely qualified. Bunnell is from Colorado and has worked as an :airport Shift Supervisor, Airport Manager and a Director of Operations and currently has his own consulting firm. Ernst also reported that if Bunnell accepts the position he could start within two weeks. If there are some delays Ernst told the City Manager that he would be available in January to work with Bunnell if needed. AIRPORT COMMISSION MEETING MINUTES NOVEMBER 13, 1997 PAGE 3 C. Enplanement/Pay Parking Ernst handed out the enplanement and pay parking report prior to the meeting. Discussion took place on the float plane facility figures and Ernst stated they are similar to those of the previous year. Pay parking is providing $202.00 per day so there is definite activity going through the airport. Last year's figure per day was $163.00. Ernst pointed out there were less permits than in the past. The ski strip will not be open this year as there was no time to install the tie -downs. The strip has not been paved but will be in the spring. S. COMMISSIONER COMMENTS AND QUESTIONS No comments 9. PERSONS NOT SCHEDULED TO BE HEARD - None 10. INFORMATION ITEMS a. Kenai City Council Meeting Action Agenda (10/15/978 and 11/5/97) b. DBE Concession Accomplishment Report - FY 1997 C. Updated Airport Commission Membership List 11. ADJOURNMENT HOLLOWAY MOVED TO ADJOURN. MEETING ADJOURNED AT 7:35 P.M. Respectfully Submitted, Barbara Roper, Contract Secretary AIRPORT COMMISSION MEETING MINUTES NOVEMBER 13, 1997 PAGE 4 - hM _ _ U c Mayor John Williams & o Members of City Council 210 Fidalgo Ave. m Kenai , AK 99611 m 0 A. B. C. i� AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 19, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/city CALL TO ORDER 1. Pledge of Allegiance - Boy Scout Troop 357/Flag Ceremony 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Dottie Fischer - Lease of Airport Gift Shop PUBLIC HEARINGS 1. Ordinance No. 1763-97 - Appropriating $60,000 for a City of Kenai Comprehensive Plan. 2. Resolution No. 97-81 - Accepting $1,000 American Hometown Leadership Award Grant From the Wal-Mart Foundation. 3. Resolution No. 97-82 - Accepting the Donation of Property Described as Lot 7, Block 20, Townsite of Kenai, From Dr. Peter O. and Karolee T. Hansen for Use as a Public Park in Memory of Their Son, P. Erik Hansen. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- 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 November 5, 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. 1764-97 - Appropriating $1,000 Received From the Wal-Mart Foundation. 4. Discussion/Approval - Employment Agreement Between City of Kenai and Richard A. Ross. EXECUTIVE SESSION - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -2- J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 19, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httti:/ /www.Kenai.net/city MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. Williams reported the city, at the recently AML Conference, received AML's 1997 Alaska Award of Excellence and thanked Clerk Freas for the composition work and Councilwoman Swarner for her suggestion the city apply for the award. Williams noted, the award application was based on the community's interest and participation in the Economic Forum held in April. A-1. PLEDGE OF ALLEGIANCE Boy Scout Troop 357 conducted a flag ceremony and the audience participated in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Moore, Measles, Bannock and Smalley. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: C-3, Kenaitze Indian Tribe Resolution No. 97-31 requesting all negotiations of the development of Lot 7, Block 20, Townsite of Kenai, cease until research can be compiled on the historical significance of the site. ADD AS: Information Item No. 13 - KPB Resolution No. 97-079 supporting the possible adoption of the Kenai River Comprehensive Management Plan as amended and passed at the November 18, 1997 Borough Assembly Meeting. MOTION: Councilman Measles MOVED for approval of agenda as amended and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams reported he had no changes to the consent agenda. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 2 MOTION: Councilman Measles MOVED for approval of the consent agenda as presented and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Dottie Fischer - Lease of Airport Gift Shop Dottie Fischer and Charlotte Legg explained they had submitted a proposal to the Airport Manager for the lease of the airport gift shop for use as a gift shop and travel agency. The Airport Commission had also reviewed the proposal and had no objections. Fischer noted, their proposal (included in the packet) was submitted prior to a meeting with City Manager Ross and Airport Manager Ernst wherein they were informed of problems the city was having with the present lessee of the gift shop. Fischer continued, at that meeting, they were informed of the glassed -in area which could be leased for a travel agency for the time being and when the gift shop area was available, it would be their intention to have both businesses in the gift shop area. Legg added, the travel agency would be a full -service business and noted, they now advertise through the Internet. City Manager Ross explained, the gift shop area would not be made available for leasing to Fischer and Legg until the legal problems with the present lessee are resolved. He added, they discussed Fischer/Legg leasing the glassed -in area for six months on a month -to -month basis. When the gift shop area becomes available, council will have to decide whether they want to lease it on an exclusive (an RFP would be required) or non-exclusive basis. If council chooses the area to be leased on an exclusive basis, Fischer/Legg will have to submit a proposal. If council chooses to lease the area on a non-exclusive basis, council could decide «hether they wanted to lease the area to Fischer/Legg. Ross stated, Administration recommended the city enter into a month -to -month lease for the glassed -in area with Fischer and Legg. Attorney Graves reported, a formal notice to quit for non-compliance of business hours and non-payment of rent was sent to the present lessee. He expected it would be several months before the city would be able to offer the space for rent. Fischer explained, they would be able to move into the glassed -in area as soon as they received some airport and airline support for issuing tickets. She added, because KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 3 they would not want to pay the $750 required to move computer equipment for issuing tickets and making reservations (within the six-month time), they would be hand -writing tickets. Plates for doing so would be needed and it may take some time to receive the plates. She added, they probably would be able to move in the middle of December or first of January. Airport Manager Ernst explained the current square foot rate for the airport was $1.65. For the glassed -in area, the monthly rent would be $259.15 with tax. This rent cost was discussed with Fischer/Legg and they agreed to the amount. Ernst continued, the current rental rate of the gift shop is $400 and he recommended to continue with that rate as it was a flat rate negotiated with the present lessee. He added, council could decide after six months if the space should be rented exclusively or non -exclusively which could determine the rental rate. Councilman Bannock asked Fischer/Legg if they were comfortable with a six-month agreement even with the possibility they may not get the gift shop space later. Fischer answered, she was comfortable with the six-month arrangement. Ross added, the six-month agreement would include a 30-day notice if the business doesn't work out. This lease would be a non-exclusive lease, which would allow another travel agency to move into gift shop space (if Fischer/ Legg were unsuccessful in acquiring the space). Ross noted, those six months would allow the city to get possession of the gift shop area and time for council to decide on the exclusive, non- exclusive question. MOTION: Councilman Measles MOVED to proceed as proposed and Councilman Smalley SECONDED the motion. Councilwoman Swarner noted at one time council had discussed allowing the Kenai Visitors Center to use space at the airport for disseminating brochures, answering questions, etc. Swarner asked if that was still in progress. Councilman Bookey answered, that discussion had been held with the prior director and was no longer a consideration. It was noted, however, the KVCC visitor information is available in the empty car rental booth (until the space is leased) with the permission of the Airport Manager. ITEM C• PUBLIC HEARINGS C-1. Ordinance No. 1763-97 - Appropriating $60,000 for a City of Kenai Comprehensive Plan. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 4 MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1763-97 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. Ross explained, during the last annual budget preparation it was learned the city could obtain $30,000 from the Borough for Y the updating of the city's comprehensive plan. It is not anticipated the monies will be encumbered in this fiscal year, but the funds can be rolled over. He added, it may be two years before the plan would be updated, but he wanted to capture the funds from the Borough. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 97-81 - Accepting $1,000 American Hometown Leadership Award Grant From the Wal-Mart Foundation. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-81 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-3. Resolution No. 97-82 - Accepting the Donation of Property Described as Lot 7, Block 20, Townsite of Kenai, From Dr. Peter O. and Karolee T. Hansen for Use as a Public Park in Memory of Their Son, P. Erik Hansen. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 5 MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-82 and Councilman Bannock SECONDED the motion. Williams opened the floor for public comment. Robert Fulton - Fulton introduced himself as the Vice -Chair of the Kenaitze Indian Tribe Tribal Council and read into the record the Tribe's Resolution No. 97-31 as follows: WHEREAS, the Kenaitze Indian Tribe, IRA, a federally recognized Tribe, reorganized in August, 1971 pursuant to the Indian Reorganization Act (IRA) of 1934, as amended for Alaska in 1936 and is responsible (in accordance with the Preamble to the Tribal Constitution) for the social and economic welfare of its 951 Tribal members and for the welfare of the total 2,767 Alaska Native residents of Central and Upper southern Kenai Peninsula of South -Central Alaska; and WHEREAS, the Kenaitze Indian Tribe, IRA has established long range goal which relate to the collective and individual, social. economic, and governmental concerns of its people; and WHEREAS, the Kenaitze Indian Tribe, IRA has lost nearly all of its vital culture and heritage through apathy, insensitivity and commercialism; and WHEREAS, the Kenaitze Indian Tribe, IRA believes that it is of vital importance to the Tribe to protect and preserve the historical and cultural remains of its ancestors, and has recognized the importance of preserving and revitalizing the Dena'ina language, and to increase public awareness and knowledge of the Dena'ina people who settled in the Cook Inlet Basin in South Central Alaska; and WHEREAS, Dr. Peter O. Hansen has submitted a proposal tot eh City of Kenai for the development of a public use park on the bluff off Mission Avenue in Kenai (Lot 7, Block 20, Townsite of Kenai); and WHEREAS, Lot 7, Block 20, Townsite of Kenai is a historical burial site for the Kenaitze Dena'ina, and human remains identified as being post contact Alaska Native dating back to late 1700's to mid ' 800's have been discovered at this site on several occasions; and KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 6 NOW THEREFORE BE IT RESOLVED by the Executive Committee/Tribal Council of the Kenaitze Indian Tribe, IRA, at its regularly scheduled Council Meeting of November 12, 1997 that the Tribe respectfully requests that all negotiations of the development of Lot 7, Block 20, Townsite of Kenai, cease until research can be compiled on the historical significance of this site. Kelly Gifford - Introduced herself as a member of the city Parks & Recreation Commission. Gifford reported, the Commission, after hearing a presentation from Dr. Hansen, voted unanimously for support of the development of the park and felt it would be a perfect place to have a memorial there as well. She added, the Hansen family has done a lot for the community and there should be a way to thank them. Charles Bailie - Bailie stated, for over 20 years he had a dental office on the bluff and from it, he had an excellent view of the bluff. Lots of people went to the bluff to watch the belugas, view the mountains, etc. The city is losing a beautiful view of the river (due to the sloughing of the bluff along Mission Avenue). He added, he would like to see the park developed as it would serve the visitors and community well. He stated, he would like something to work out with the Hansen family and the Native community as well. The park would benefit all. Gerry Allen - Allen explained, he had been asked by the Hansen's to give testimony on the park. He continued, it was the Hansen's intention to honor Erik and his life. He attained the rank of Eagle Scout and symbolized scouting. They are trying to honor that symbol and scouting. He added, he though scouting was a good program and this would be a good way to honor both scouting and Erik Hansen. He stated, he thought what Hansen's had in mind would be a good testament. Allen continued, the Hansen's want a quiet place - a place for reflection, praying, etc. The old and new could be taken - a city from the past and where it can go in the future. He thinks the park would combine all of those and will reflect all that Hansen's are trying to do. Teresa Werner-Quade - Quade explained, she is a member of the Planning & Zoning Commission. At their last meeting, the Commission reviewed the Hansen proposal and they found unanimously in favor that the park would serve the community favorably. They discussed the proposal in length. They felt the park wouldn't personify a loud place, but would be more of a quiet reflective place. Verbatim begins: Peter O. Hansen - Mr. Mayor, councilmen and councilwomen. my name is Pete Hansen. I live at 418 Rogers Road in Kenai. I'm hear to speak in support of this park. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 7 I noticed though in the resolution that the third whereas, the third paragraph, the third whereas, in the third line, the word peaceful was left out and this was submitted last week in the proposal to the city and then respect of that particular word, "peaceful," and in response Councilwoman Swarner's request for what we mean by a peaceful park, I put together some things I would like to pass out. These are all the same and (inaudible) a copy to look at some suggestions. Now, these are just some suggestions of what our family has come up with and along these lines, I would like to pass out a few of these to the people in the audience. But, I would respectfully request of the council that they put that word back in like it was in the original proposal. I think that you've heard some testimony tonight on for a peaceful sort of park. One that maybe is away from the highway traffic, athletics, all sorts of things. That would be my request tonight and I do support the proposal. Smalley - Mr. Mayor? Williams - Yes. Smalley - I have a question for Dr. Hansen. Dr. Hansen, I visited with you on the telephone on this and I'm looking at the very last one, "no memorials or statues to be added other than that of a scout." After the discussion is completed here this evening, is it possible should this pass that you would consider allowing the Native communities to bring over a plaque that could be mounted, giving recognition to those Alaska Natives that are buried, not only on that property, but in that part of town. Because this particular part of property, I would imagine is one of many sites where there are burials. Hansen - I would think that would be very, very appropriate. I think it would be really unique up there that says, you know, something like "Below us or along this bluff are the remains of many inhabitants prior to this time, or Kenaitze Tribal members or Athabascan Natives, whatever." I think that would be very appropriate. We don't, you notice, there isn't anything about signs on here and there doesn't have to be a statue or anything like that really, if the council and the Parks & Recreation does not want a statue of any kind, but our family is prepared to provide a unique statue of a scout, looking out over the sea when the time comes if that's what the city wants. Thank you. But I guess my request would be you consider an amendment to put that word "peaceful" back in. I don't know whether it was inadvertently left out or intentionally left out of the resolution tonight. Williams - City Manager. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 8 Ross - The dropping of the peaceful, and you're referring to the third whereas? Hansen - Yes, um hmm. Ross - The problem would be, and I would let the city attorney address it further, is to put peaceful in there with a reversionary clause that it reverts back to the family if peaceful, which is not in there, is really an undefined term. Maybe no musical instruments are the intent of the family, but the legal force of the Police Department being able to go and remove somebody sitting there strumming a guitar or even somebody with a picket sign, you're up against some constitutional protections that, while the intent is good, and we would hope the park would be used within the intent that you've given to peaceful, the enforcement capability of the city to enforce some of those items, as they're defined within peaceful within that reversionary clause, would leave some real impracticalities of being able to do that. And that's why. If there was another clause in there where you would like the council to talk about and consider peaceful, possibly then, but III let the city attorney address it further. Graves - I think Rick summed it up really well. From a purely technical point of view on deed language, the term "peaceful" is really problematic for terms of interpretation. From a technical perspective, I don't have problems with intent language in the preamble, that this is the intent, but as far as a reversionary clause containing the word "peaceful" I think it's full of problems in the future. Hansen - I understand you can't, you can't prevent a person in a public place from standing up on a soap box and giving a talk, right? I really understand that thought and, but maybe with the, any suggestions for how we could keep the intent in mind with the city's acceptance of the park? I guess, could that be kept in mind as a ... best way to do that ... Maybe a signage, for example, a little simple sign. Something to let the public, or bring about a little public awareness that, I mean, I can see in another year or two, the number of visitors, the RV park, growth of things in that area, our historical area gets off the ground, there may be vendors out there selling ice cream bars and souvenirs and all sorts of things and do we really want that? That's one question I've got. The other question is, can we prohibit that? Can the city prohibit some of that type of thing? Graves - Some activities we can prohibit. You know, I think you could prohibit some athletic activities, but when you get to certain political activities, that where you get problems. I mentioned it in the deed, there's no problem with saying, "the intent of the donation is to have a park that does this," as long as we don't have in the reversionary clause itself the term "peaceful." And, I think, the Parks & Rec Commission and the council and ultimately the manager are t:=e ones that establish the rules. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 9 Williams - Councilman Bannock. Bannock - Dr. Hansen, this is, I think what the attorney is saying is something similar to what you and I had spoke of on the telephone. If we could create a, perhaps a new second whereas to the resolution, that would certainly state the intent of the giver of the park and the acceptance upon the council, yet not be something that is bound to the third whereas, as we have it right now, that everyone here, everyone years from now, will know exactly what the intent was so there will be zero confusion. We had confusion a couple of, last summer, we had confusion about things that could go on and there was never anything, any intent that was written down for people ten, 15, 20 years from now to be able to do. If we were able to create a paragraph that read, I just drafted a note here, if we took a new second whereas and that second whereas said, Whereas, it is the intent of the Hansen family that the use of this park be for a peaceful place of reflection... then it's not necessarily bound. Those strings that are attached in the third whereas, are not the same strings that would be in this one. But clearly, everyone here knows and everyone down the road will know, why this park was given as a gift to the city of Kenai. Hansen - I think that's an excellent idea. I think that's an excellent way to work it out. That way there would be some, in the formal acceptance, there will be idea of the intent of the family in donating to the city. Bannock - But it will not be a string, it would not be a string. There are two very good strings attached to this third whereas. Hansen - I need to consult with my other half. Bannock - Absolutely. Karolee Hansen - Same address. In just speaking for myself, I am really not worried that this park will turn into a loud, noisy place. I think in the past, we've seen beautiful places in Kenai such as the Leif Hansen Park, and I know there have been some activities there and truly, they never bothered me. I think people will generally do, people of Kenai, basically, will do the proper things at the right places and for myself, I am not worried what kinds of activities will be taking place there. I think the majority of the people who will be coming there will be coming to view the view. And if there's an occasional person who may be a child who runs up there on his bicycle or skateboard, then so be it. It doesn't really bother me, and I'm speaking for myself. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 10 Or, if somebody decides to bring his guitar and a flute and sit there and play a little tune looking out over the ocean, that does not bother me. If somebody wants to come to sell some ice cream in front of there, it does not really bother me. I think itIl be just fine. That's all I have to say. Williams - Okay. Further discussion with Dr. Hansen? Questions? So, you're offering an amendment to the resolution. Bannock - If we're done with public comment. Williams - Let's see if there's more. Is there more public input? Necessary - Mayor and council members. My name is Mark Necessary. I live at 1625 Fathom Drive, Kenai. I'm here tonight to speak in favor of the resolution. What Ibe heard of the previous speakers, I think that this could be probably worked out and I think it would be to the betterment of our community. Thank you. Williams - Thank you. Is there anyone else from the general public wishing to be heard? Any comments with regard to this matter? Well bring it back to council. Councilwoman Swarner first. Swarner - I guess I have a question of Mr. Fulton. Do you, did you discuss the name of the park at your meeting, if you could come to the microphone, and what the feeling of the Native community is on that. Fulton - Would you state your question again? I didn't... Swarner - Did you discuss the proposed name of this park? Fulton - No, we didn't and the basic idea was favorable. It came fast. The council didn't have a chance to really study it in depth. We wanted to stop the action simply on the strength that this area is sensitive to Kenaitze. This is our heritage. This is where we stem from and you look in Old Town and there's not too many things drawing attention to us or to our burial sites and over time, a lot have been destroyed without any consideration and so we would hope to be able to work with council and with the Hansen family on that. We weren't strongly objecting to it, but we were objecting to the going ahead without consulting Kenaitze because this is a sensitive area to us. Old Town is where we stem from. This is us. Old Town. And we'd like to protect it as much as we can. Swarner - And what did you, did you have any suggestions and what.... KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 11 Fulton - Well, we never talked about it. We didn't like it being just - liked it to be a broader memorial and that was brought on the floor here without any objections. I think it could be worked out myself. This is a personal opinion - I'm just speaking for myself and I want that on record. But, I think it could be worked out myself on the details. You'd have to meet and discuss and work on it. I think we'd like to see a broader memorial than just for scouting or just for one group. It is a traditional burial site that I think it would be appropriate to honor those people myself and that's all I have to say on it. e- Swarner - Thank you. Williams - Councilman Moore. Moore - Mr. Fulton, another question for you. Just, in your resolution that you read to us, the last, "Now therefore be it resolved" you stated that you request that all negotiations cease until "research can be compiled on the historical significance of the site." Are you currently conducting research on the site or Old Town, and if so, when do you anticipate completion of the research? Fulton - No, we haven't instituted any research on that ... Rita, as far as I know, we haven't done anything on that, have we? Rita Smagge (from the audience) - Sasha Lindgren, who is our cultural director, is presently, has started... inaudible.... Moore - So, there's a plan? Smagge - Pardon me? Moore - Is there a plan? Smagge - She hasn't completed her research and when she will bring it to the council for consideration. Williams - Did I see another council member's hand? All right, I11 take the liberty of making some comments, as long as everyone else is.... Bannock - I'm sorry, Mr., I thought if there were any more questions for Mr. Fulton. Williams - Yes, I thought I saw another council's hand. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 12 Bannock - It's not for you Mr. Fulton, thank you. Mr. Mayor, I would like to make an amendment to the resolution. I'd like to insert a new second whereas that would read, Whereas, it is the intent of the Hansen family that the use of this park be for a peaceful place of reflection, c= Smalley - I'll second that. Williams - It's been amended, a motion to amend and second. Further discussion. Councilman Smalley. Smalley - Now the question is of Councilman Bannock. Do you mean to replace, is that right, that second whereas? Bannock - Ah, no. Insert, insert between what is now one and two. Smalley - Okay. Thank you. Bannock - It would be an insert. Williams - Further discussion. Any objection to the amendment. No objections to the amendment. So moved. Further discussion? Councilman Bannock. Bannock - Thank you. Now I'd like to speak to the resolution as a whole. As noted earlier, this proposal has been to Parks & Recreation. It was at Parks & Recreation first. It went through the proper channels. Dr. Hansen came to Parks & Recreation and made a very intense proposal of what was going to happen. There were good questions of Parks & Recreation from the commissioners. The commissioners adopted this program. They think it's good for Kenai. It's good for Old Town and it's good for all of us. As Ms. Werner-Quade mentioned, I brought it up at last week's Planning & Zoning Commission. There were some good questions there. There was a little bit of discussion in regards to the newspaper article in regards to it where there was perhaps some, a little bit too stringent requirements that perhaps the Hansen family had placed for fear that the Hansen family, at a given time, could retract the offer. I think we've taken care of that tonight so that cannot happen. This is a good program for all of us. We're not disrespecting the views of the Kenaitze Indian Tribe or any other Indian organization or religious group that may have these roots and history in Old Town, Kenai. But, I would urge the council, take this program. Be grateful for it, and move along for the betterment of ourselves and for our community. Williams - Thank you. Councilman Bookey. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 13 Bookey - I too would like to speak to the whole resolution and that is ... first off, I'd like to ask the administration if we have any further cost analysis on what this park is going to cost to develop? Ross - We looked at the cost. If a watering system is put in, the annual maintenance cost should be in the neighborhood of approximately $1,000. The development costs we projected at approximately $30,000. Now, that is on the basis that we do no excavation on the site, removal of bad material, and that's on the basis that we use gravel walkways and any structures would be non -masonry, would be able to float with any heaving of that terrain because, as several of you know, there's a lot of bad material there that we would choose not to excavate and to come back with gravel. It would be my intention that if council did adopt this resolution, that after a formal site plan is worked out with the Parks & Recreation, you would see it as a submittal in your FY99 budget to be addressed at that time. Whether it was funded for FY99, partially funded, or fully funded, it would be in the budget process. Bookey - Thank you. To me, I guess, the construction costs are really immaterial. I know a little about the site. I was involved with the site with the previous owner or the owner that's standing, I guess. And, I made aware to the manager, that there is significant materials buried on that site that would have to be removed if we were going to go any farther than this program is. But I do have, and I hope nobody takes this in disrespect on your side, Dr. Hansen, because I've known you for 30 years and I, you know, he's been my doctor for 30 years, so, I have no problem with this, but I do have a problem with this, going through this thing because of the cultural aspect of it. And, I think, we do not have to annihilate the Native population on this program. I'd like to see us slow this thing down. Get the two groups together because I think it could be major positive for both sides and, and something that could be really well -respected by the community at large on both sides if we do that. And, I know you have a time line, but I would suggest that we table this motion tonight and that we bring these groups together and we come back with something that's acceptable on both sides that I feel, I personally could be very comfortable in supporting if I can see this thing worked out. Williams - Thank you. Councilman Measles. Measles - Yeah, maybe a follow-up a little bit of what Councilman Bookey was talking about there. Basically, this resolution tonight only accepts the property for the purpose of building a park and as the city manager pointed out, the site plan will be developed by Parks & Rec with probably input from P&Z and anyone else. I don't have a problem at all with passing this resolution accepting the property for that purpose and at the time Parks & Rec starts developing this site plan, that's the time for all interested parties to be involved in that process. And, if at any point, an agreement can't be reached, and the property is not developed as a park, it does KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 14 revert back to the Hansen's so nothing is lost. I would like to see us pass this resolution and move to the next step of the site plan wherein the various Native groups, the Hansen family and the city can all come together and design a park that will satisfy everybody for the betterment of the entire community. Williams - Councilwoman Swarner. Thank you Councilman Measles. Swarner - Well, in light of the other discussion regarding just the intent of this resolution is just to accept this property as a park, I would move to delete the name of the park as Erik Hansen Scout Park and let the name be chosen between, with the help of the Native community and the community. Because, I think to honor the Native community too, I would have a hard time just naming it the Erik Hansen Scout Park. Williams - We have an amendment to the resolution. Bannock - You have a motion. Williams - A motion to amend. Bannock - No one seconded it yet. You have a motion made. You don't have an amendment yet. Williams - I see no second to the motion so there's no amendment made. Councilman Smalley. Smalley - Yeah, I'm going to encourage council to support this resolution as well, because again, the resolution accepts the property. There are protections in it to protect the city and to protect the Hansens. With the discussion that took place this evening with all those individuals that spoke, I think that in the process of development, we will see that we can put something together that will be very beneficial to the city. Williams - Thank you. Councilman Moore. Moore - To follow up on Councilman Measles' comment, I think I'm going to support this resolution as well. I would like to toss around the idea of inserting another whereas, not to muddy the issue, but in order to clarify our position, that we, this council, administration, intends to work with all interested parries in development of the park so that, as it was pointed out earlier, our intentions are clear from the onset on what we intend to do with this park and how we intend to develop it. And, I don't have anything written to insert, but just an idea. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 15 Williams - Councilwoman Swarner. Swarner - Also, if the development is going to be in the next year, fiscal year's budget, and do we want to insert a time line in here if it's not developed by a certain year, it's reverted back to the Hansen family. Do you want a year inserted? Williams - When we speak of terms of the 99 budget, that begins on July 1 of 98. If all preparations were made prior to that, construction could take place next summer. Councilman Smalley. Smalley - Yeah, in reference to Councilman Moore's comment, you know, the Townsite Historic Board will look at this, Planning & Zoning's going to look at it, Parks & Rec's going to look at it, city administration. I think that probably, with the fact that there'll be public hearings, it's going to insure that there will be a large volume of folks involved in this development. Williams - Further comments. We had the discussion of another whereas. Councilman Bannock. Bannock - Just to follow that up. If you can go to the back side of your packet, marked C-3, that very issue was discussed at the first Planning, check that, Parks & Recreation meeting of October second. I'll read it... Sandahl moved to recommend the approval of Dr. Hansen's letter with the understanding that it come back to Parks & Recreation when the design of the park begins. And actually, that paragraph could have been expounded upon just a little bit to exactly take in ... we wanted to do this right. We wanted to do this without leaving out a group. We had a certain time line to go through, but Parks & Recreation did not want to just give something away to the council, for the council to do with what they want. We fully intend to utilize as many commissions and organizations that we ask for to get input in this. So, that is an outstanding point, but I think it's already been addressed. Williams - Thank you. Yes, Dr. Hansen, one more time and then we're going to move on. Hansen - I think it would be very appropriate to put a time line on it, for example, by the end of fiscal year 99, something like that. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 16 Williams - So what you're suggesting is that we give it a time certain for the park to be completed by the end of, thatIl be FY99, which will be July of the year 2000. Right. Councilman Smalley. Smalley - We probably could do that. I would hate to take a stand or a position tonight that, that may cause difficulty for the commissions and committees that need to be reviewing this. Because, we would be assigning a time line to it and with all the work and development, the design, etc., I don't want to cause some difficulty. Williams - I see. Yes, city manager. Ross - During the budget process, the numbers I've given you are based upon going for outside construction. If, during the budget process, the monies weren't there for outside, it may be chosen to do some work preliminary in-house. Under that type of thing, the scheduling could involve construction and finishing over a two to three-year period. So, I suggest that if you do put a time line on it, that you put it out there at least two or three years out to compensate for in-house construction, development of the site, rather than trying to put it on strictly for one year and predetermine what your budget is going to be in the FY99 budget. Williams - Okay. Thank you. Measles - What if we say if it's not substantially completed by the end of FY2000. Would that give you enough time? Would that be.... Hansen - What are we talking about - would that be July of.... Measles - July of 2000. Hansen - That would be all right. I think, I think it's a good idea all the way around to have some kind of a time line in case we get bogged down with all sorts of groups to do all sorts of things. I think it would be a good idea. Measles - I would offer an amendment to the, now would be the one, two, three, the fourth whereas, at the end of that existing whereas, change that period to a comma and insert, or if the park is not substantially complete by the end of FY2000. Swarner - Second. Williams - It's been moved and seconded for the addition of language as read. Is there any objection? Seeing none, then the amendment carries. We're back to amendment of the resolution itself. Councilman Bookey. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 17 Bookey - I'd like to take this to Mr. Fulton or Rita. The discussion that you've heard here in the last 15 minutes, is this acceptable to you as an organization, as a group, to participate in and to take an active part in participation to make this happen and to make it into a multi -cultural situation? Smagge - Yes. �k Bookey - Fine, then I'll support the motion. Williams - Further discussion. Councilman Bannock. Bannock - I'm wondering if the Kenaitze Indian Tribe would like to withdraw their, formally withdraw their Tribal resolution opposing the park proposal? Measles - They can't do that without a Tribal meeting. Smalley - They can't do that without a Tribal meeting. Bannock - Okie dokie. Williams - I think we should let that...what we could do... Bannock - But I can ask. Fulton - And, I'm bound by the same thing. I couldn't do it without our executive council, but I think they, that on a reconsideration ... inaudible... Bannock - Thank you. Williams - Any discussion. Measles - Ask for unanimous consent. Williams - Okay, I want to make just a couple of comments here before we move on. First of all, I want to thank Mr. Fulton for coming this evening with the resolution from the group. I think he has a much clearer understanding now of the direction we're hoping to go and perhaps hell be able to go back and discuss the issue at length with the group and get them involved. Preparations for this meeting, the council advised members of the Kenai Natives Association, Kenaitze Indian Tribe, Jim Segura at Salamatof Native Association, Archpriest Nicholas Molodyko-Harris at the Russian Orthodox Holy Assumption Church, also, I believe Clara Swan was notified and several others because it was our intention here to see that this particular item as the subject matter is, was handled in the proper manner. And that came about of KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 18 course, from years of sometimes crossing paths not in the proper way in the development of the city. It surprises me that, oh, and also, I wanted to advise the council that I had a long discussion about this subject matter with the Townsite Historical District on Monday night, and I mentioned to them, of course, that it would be up for a public hearing and that their presence was welcome here too because, as time goes on, they will also be involved in the structural design of the thing. It surprises me that there has been no one here from those folks that we have notified. A very little representation, and again I want to applaud Mr. Fulton's actions in coming before us tonight. And so, I must take that as a sign that there isn't a large outcry of wrong -doing here on the part of the city and of course, the community. So again, reiterating my earlier thoughts that I believe this can all be worked out and that by working together as a group, we can create a memorial there representing both sides of our community, both sides of our heritage. The indications are that this cemetery area, burial ground, some 200 years old, is within the time frame of the history of our modern village, rather than ancient time. I think it's going to work out all right, so having all of that, I am going to support the request for unanimous consent to, to accept the property, with the clear understanding that there will be much discussion and many meetings with the people involved in the creation of it. Now, I see no objection at this point. Is there any objection to unanimous consent? Seeing none. So ordered. END OF VERBATIM BREAK TAKEN: 8:03 P.M. BACK TO ORDER: 8:13 P.M. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging - No report. D-2. Airport Commission - Councilman Measles reported a meeting was held last week and the minutes were included in the packet. The main issue addressed was the lease space at the airport for a travel agency. D-3. Harbor Commission - Councilman Bookey reported the minutes of the last meeting were included in the packet. The commission found the Police Department information in regard to the dipnet fishery very interesting and requested a copy of that report be included in the next packet for council to review. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 19 D-4. Library Commission - Councilman Moore noted the next meeting of the Commission was scheduled for December 2. Librarian DeForest mentioned the Library's Open House was scheduled for December 18. Also, on December 17, Jack Roderick, author of Crude Beginnings would be at the library to sign books. DeForest noted, Roderick had been the Borough Mayor in Anchorage many years before. D-5. Parks & Recreation Commission - Councilman Bannock reported the minutes of the last meeting were included in the packet. Most of the meeting was in regard to the director's report and projects of the Commission. He noted, there had been a good debate in regard to the city -league men's basketball games and player behavior. Bannock referred to Item E of the minutes and clarified the Commission was discussing historical site identification at Forest Drive Park and Item F was a recap of the Commission's discussion about the Hansen park proposal. Director Frates reported Renee Henderson, the choir director of KCHS had requested the fee be waived for use of the Recreation Center on Friday from 7:00 - 10:00 p.m. He explained, the All -State Honor Choir, Band and Orchestra concerts were being held at KCHS and the use of the Center was in connection with the students participating in the concerts. MOTION: Councilman Bannock MOVED to waive the fee for use of the Recreation Center in reference to Henderson's request. Councilman Smalley SECONDED the motion. There were no objections. D-6. Planning & Zoning Commission - Councilman Bannock, who attended the meeting for Councilman Smalley, reported the minutes of the meeting were included in the packet. He noted the replat in VIP Estates was different than normal as it was to make three smaller lots into two larger lots. Also a conditional use permit was approved for the Head Start Program on the Willow Street property (formerly Jackson's Sales & Service). Bannock added, there would be something coming forward to council at the next council meeting. Bannock also reported a conditional use permit was transferred on Angler's Drive due to a change in ownership. Also. the Commission KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 20 would be reviewing, reworking and considering the Townhouse ordinance in order for it to conform to the new Land Use Table ordinance. Bannock forwarded a request from the Commission to cancel their second meeting in December which falls on Christmas Eve. Council had r, no objections to the cancellation of the meeting. e- D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee - No report. D-7b. Historic District Board - Councilman Moore reminded council he was unable to attend the meeting, but read a report of actions taken. Moore reported the Board held a work session on the preservation plan from 6- 7:00 p.m. During their regular meeting, the Board reviewed the proposed Land Use Table and discussed the type of sidewalks to be placed on Mission Street. The Board agreed regular concrete sidewalks (instead of colored or brick -styled) would be best for looks and accessibility. Moore also reported the Board was requesting to cancel their regularly scheduled meeting for December 15 because they knew they would have no quorum. However, the Board wanted to hold a work session at that time in order that they may continue their work on the preservation plan. Discussion followed in regard to the request for cancellation of the meeting. Williams reported he attended the meeting and reviewed his letter to the Board which council requested be written in regard to their membership and lack of quorums, etc. Also, he discussed the possibility of changing their board structure to seven members instead of nine. Smalley asked if there would be a problem to meet requirements to receive grant funding if the Board membership was diminished or blended into the Planning & Zoning Commission, etc. Ross answered, the State has been very flexible with other municipalities who have historic boards which was reviewed in the information gathered and included in the last packet. Freas reported she had also attended the Board meeting (sitting in for the contract secretary) and had suggested the cancellation of the meeting and holding of a work session. She explained, the Board had some momentum and really wanted to work on the plan. She thought this would be a way to handle the matter. It was noted they would still KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 21 have four of the five active members at the work session. Council approved the cancellation of the meeting and the holding of a work session. It was noted, the work session would be advertised. D-7c. Challenger Board - Councilman Bannock reported an issue arose at the last Board meeting in regard to the ownership of the Challenger components in the building. He noted, there was no argument that the city would own the building and the property. However, there was debate as to the ownership of the actual Challenger components, i.e. items the city buys from the national Challenger organization. Bannock noted, the reasons he felt the city should continue to own that equipment were (1) by giving the Board full control and ownership of the components, would allow them to pull it away and (2) the City of Kenai started the program and the move was to build a house for the Challenger modules. He added, he felt the building, dirt, and actual Challenger unit belong to the city. There was some disagreement on this issue and he requested input from council of whether they agree with him or if he was mistaken. Ross stated, the grant paperwork for the $2.5 million should indicate whether the site would be' specific to Kenai to be used for a Challenger site and whether the grant would require being accepted on that basis. That would determine whether the program could be moved elsewhere, which would cause some difficulty. He added, another issue would be if the equipment itself was funded by this grant or another through the City of Kenai and if the City accepts ownership of the grant. However, the concern may be moot if the wording of the grant does not allow ownership by the non-profit. There is a possibility another grant may be needed to operate the Challenger Center conditioned on how the grants are accepted. Until the language of the grants are reviewed, he would not want council to take a policy decision at this point. Councilman Bookey stated, when the council made the decision to go into the program, it was with the understanding the city would own the land, building and components. Measles agreed with Bookey and added, he was always under the impression the city would own and control anything related to the Challenger Center, including the components. The city had to give some solid insurances to the Challenger organization that the operation of the Challenger Center would continue for an indefinite length of time. Measles added, the responsibility of the operation of the Center falls back to the City and if the Board would choose to gut the components out of the building, and the City has a commitment to the Challenger organization, the city wouldn't be able to KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 22 fulfill that commitment. Smalley agreed with Bookey's comments and thanked Bannock for representing the city's position. Williams noted, he had taken a different perspective in regard to personal property versus real property and added, most personal property is fastened to a structure that makes it part of the real property. He added, from the evening's discussion, he would concur with council and administration in regard to ownership of the module. Williams also noted, he believed the management agreement could be designed to cover questions such as the ownership. Measles noted, this would be a case where the real property would become functionally obsolete if the if the personal property was removed from the real property. Bookey noted, they would not want an option to allow another group to be able to make an offer to move the Challenger to another location. Moore asked why the Board wanted ownership of the components. Bannock answered, he thought it was the maintenance issue, i.e. city owns, city maintains. Williams noted, that was one of his concerns as well, but it could be discussed in the management agreement. Bannock stated, he would take council's comments as an affirmative - that he presented his argument correctly in regard to what the city owns. Bannock also noted, the Center's 503(c) status was only days away from being approved. Bill Popp - Popp stated he understood council's position and that it made sense to him. He added, it seemed the process of building the Center was creating an "eight -headed monster" in terms of the relationship with the national Challenger organization. The national organization is talking about entering into a contractual obligation with the Alaska Challenger Learning Center for Space, Science & Technology, Inc. (the non-profit Board) that will license the operations, software and site to the non- profit board. The situation would then be, the City of Kenai would own the equipment, but the Challenger non-profit board would own the rights to use the equipment as a Challenger site. He added, he needed to bring this issue to council's attention, as it would have to be negotiated so that both sides will be happy with the situation. Popp warned, it could be a very difficult situation. Williams noted, the license is transferrable, but the equipment would not be (the Center will have the right to operate the equipment). Popp also noted, the site designation is specific to the City of Kenai. The odds KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 23 of the site being moved would be next to nil. Bannock pointed out, with the City of Kenai being the owner, it would be an impossibility unless the City would decide to discontinue its affiliation with the Challenger Learning Center. Popp noted, the licensing issue and the contractual obligation between the non-profit and the national organization will be entered into in the very near future and wanted council to be aware of it and discuss the matter if needed. D-7d. Kenai Visitors & Convention Bureau Board - Bookey reported there had been no meeting since his last report. Kathy Tarr, KVCC Director reported a local artisan and carver had made a gift to the city (for placement in the museum) of eight carvings of moose antler. She noted, a reception had been planned for 3:00 p.m. on December 18 at the Visitors Center to accept the gift. Mayor Williams has agreed to be on hand to accept the gift for the city and offer a proclamation. D-7e. Alaska Municipal League Report - Councilman Smalley reported he, Councilmen Moore and Bookey, Mayor Williams and City Attorney Graves had attended the AML Conference in Ketchikan. He noted, the main issues of the conference were the deferred maintenance program, educational funding and the proposed community dividend program and how to fund them. He noted, there was a lot of good discussion in regard to the direction of municipalities and the state, in general. He also reported he attended a session on land use planning and a presentation on personnel matters and learned A.ML/JIA has an insurance program for personnel issue problems and they do training. He suggested, when council discusses insurance matters in the future, they should give some consideration of AML/JIA. Smalley reported he had been re-elected to the AML Board of Directors. The Board met on Saturday morning and restated their main concerns in regard to the AML Legislative Platform were the educational funding, deferred maintenance and community dividend programs. Smalley noted, the conference was scheduled to be held in Fairbanks next year and back to the Kenai/ Soldotna area in 1999. ITEM E: MRMTES E-1. Regular Meeting of November 5, 1997. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 24 ITEM F: CORRESPONDENCE - None. ITEM G: OLD BUSINESS - None. - ITEM H• NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED for approval of the bills to be paid and bills to be ratified and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Measles MOVED to approve the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1764-97 - Appropriating $1,000 Received From the Wal- Mart Foundation. Approved by consent agenda. H-4. Discussion/Approval - Employment Agreement Between City of Kenai and Richard A. Ross. MOTION: Councilman Measles MOVED for approval of the employment agreement between the city and Richard A. Ross. Councilwoman Swarner SECONDED the motion. Smalley questioned Item A, Section 6 on page 3 in regard to car allowance. He noted, he appreciated Ross' frugalness, but thought the amount was low. Williams asked if it was the city's desire to provide a vehicle to Ross for his exclusive use. Attorney Graves answered, the amount was what Ross requested he and Finance Director Semmens put in the document. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 25 Ross explained, the $30 a month amount was what the Code allows and is the amount that is paid to city employees for use of their personal vehicles in the service of the city. He added, there are a number of city vehicles available if he requires use of one, however, for personal use, he believed he should be treated like everyone else. Bannock noted, he too thought the second sentence was a mistake, i.e. "The City reserves the right to provide a vehicle for exclusive use of the Employee in lieu of _ monthly vehicle allowance." and added, he would question the city buying a new automobile for the city manager's use if they could get away with pay ing only $30.00 a month car allowance. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Student Government Day - Smalley explained he had discussed the scheduling of Student Government Day with Ms. Bigham from KCHS. Since she is teaching Sociology this semester and plans to teach Government in the spring, she would prefer holding Government Day during the spring semester. Smalley added, another teacher is teaching Government this semester, but failed to contact the city when the invitation had been passed on to him from Bigham. Council had no objections. Clerk Freas was requested to contact Ms. Bigham in regard to scheduling a date. EXECUTIVE SESSION -:None Scheduled. ITEM I: ADMINISTRATION REPORTS Mayor - Referring to Information Item No. 2, Mayor Williams congratulated Bill Godek for completion of the National Animal Control Association Training Academy. Williams also thanked those participating in the preparation of the city's AML award. I-2. City Manager a. Alcan Contract/ARFF - City Manager Ross explained, unless he heard otherwise from council, he would be including a discussion on the council agenda regarding the ARFF project retainage. He added, he, Semmens, La Shot and Alcan representatives would be meeting to review the ARFF contract to find a way to reduce the present retainage costs, i.e. 10% retainage is required until 50% of the project is completed. He added, in holding back 10% retainage on this large contract, the city will KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 26 have to pay 10.5% interest. He noted, the interest did not appear to be grant eligible and would be a significant amount of interest. b. KPB Ordinance/Personal Property Tax - Ross stated he would ask Semmens to speak to the ordinance at the next meeting. C. Heritage River Initiative - Ross explained, the matter had been removed from discussion for the time being as there is an active House resolution in Congress opposing the Initiative and any funding of the program. Representative Young is a co-sponsor of the bill opposing the Initiative due to its circumvention of the congressional and legislative process. Ross added, Councilman Moore would be involved in more discussion of the matter during the next KRSMA meeting. KRSMA will be deciding whether to sponsor the bill or not. d. Cemetery Water Line - Ross reported the cost to connect a water line to the closest main would be approximately $25,000. He was concerned that placing a non -potable well would cause some confusion and visitors may think the water is acceptable to drink. Administration is investigating the placement of a non -potable tank. Information will go to the Parks & Recreation Commission for review and consideration. e. Timber Harvesting/Section 36 - Ross reported he had received a request for logging in Section 36. He was considering sending a letter to those who took out the past RFP plans to see if there was any interest. In the last RFP, there was a requirement that all branches, stumps, etc. were to be hauled away. He asked council to consider having the tops, branches, roots and stumps ground up and spread on the old dump site. This process may bring down the cost of project, as well as not having the material left in the rows and paths. He will bring the matter back to council at a later time. E Kenai River Special Management Area Board - Ross reported the Borough Assembly had endorsed the comments of the City of Kenai concerning the lower four miles and included them in their resolution which had been passed at their last meeting. They also raised some concerns of their own. Ross distributed information from the Board which he received late in the afternoon. He noted, he was not asking council to endorse signing the Plan until the commissioner reviews the Borough comments. Ross requested council to make comments to Councilman Moore if there were any, in order for him to have that information prior to the KRSMA meeting. Ross reviewed the draft Plan and noted the following areas: KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 27 Page 2, underlined portion - gives the final statement the city wanted, i.e. "...It was determined that the recommendation of the advisory board to include the four miles of the Kenai River in KRSMA be set aside." Ross noted, the document went on to state, the City of Kenai would work in joint management approaches to the lower river, the bottom four miles, (see Page 2, second paragraph). Ross noted, the KRSMA does not have authority to manage the River. He added, what was stated in the paragraph is exactly how the River is managed at this time. There is no change as to who has the authority on this area of the river. It is fully recognized in the document that the city's charter and existing authorities allow the city to address and manage many of the conflicts and problems that are identified. Ross noted, the bottom line of the document is that it has been recommended to the Commissioner as it is stated in the document, that the bottom four miles of the River be withdrawn from the KRSMA Plan. Page 3, second paragraph - key language noted, Numbers 3, 4, 5 an 6. Ross noted, all language that gave any reference to grand -fathering of industry had been removed. In Number 5, the traditional, industrial and commercial uses were priority use without date, recognizing it is a year - around operation (or can be). Also, Number 6 notes the only restrictions upon industry are those that presently exist (local, state and federal permitting requirements). Ross noted, the city worked with UCIDA on the language of the withdrawal of the bottom four miles and they are supportive of the language in this document. Page 4, refers to area of the city above the four miles. The underlined sections represent that before any development of bank protection zones are discussed, the City of Kenai will be consulted. Page 5, language changes had been requested in regard to zoning. The underlined sections state that commercial uses are conditional uses and industrial uses are prohibited uses, but excludes the cities of Kenai and Soldotna because of their own zoning authorities. If the Borough wants to maintain the language for their own area, they address it. Page 5, Section 4.5.4.2, Protection of Areas Acquired by Borough or State. Ross noted, there had been language in this area stating foreclosed property would revert to government and not returned to the private sector if the foreclosed property was along 'ributaries or the river. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 28 Ross added, that language had been changed and now consideration of foreclosed property would be on a case -by -case basis and areas of high habitat value. Page 6, added language includes, "No specific standards will be added to the management plan until the assessment study is completed, public review process involving a plan amendment has been conducted." Ross e` noted, this was language the city requested in order to make it more restrictive. Ross noted, all the city's comments had been incorporated into the document. He added, there may be some adjectives and verbs council may not like and referred to the bottom of Page 2. "In the event that this occurs or conditions develop that cannot be managed by memorandum of understanding or municipal ordinance, the Advisory Board will reconsider its recommendation to include the lower four miles in the KRSMA, and initiate a plan amendment." Ross noted, if that language was there or not, the Board always has the option of reconsidering a recommendation. Ross added, whether this language was there or not, it did not affect the bottom line, "...the lower four miles of the Kenai River in the KRSMA has been set aside..." Williams commented, the city had given concessions over the last 15 years and with that sentence, were again giving concessions, and negated everything the city had tried to design in the other sentences. He added, the issue was not dead and it would come back to haunt this or future councils and KRSMA Boards. Bookey commented, he didn't think any of the council disagreed with Williams, and added, he didn't like every issue in the comments, but there had been a lot of movement from where the Plan was a year ago. Ross noted, whether that language was in the Plan or not, the Board could do it. But. the council now has a council representative on the KRSMA Board who is a policy maker to review these matters and be actively engaged in the Board at that level, giving the city more representation than it has in the past. Ross added, the city had not agreed to a thing. These are changes that are being added to the Plan language. He wasn't asking council to endorse the changes if they felt they couldn't support the changes. If they felt they couldn't support the changes, he urged them to pass that information on to Councilman Moore prior to the -22SMA meeting. Ross added, he felt the city's comments were taken seriously and they obtained essentially what they had wanted to be changed. Williams KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 29 noted, he didn't think the city could do any better, but was concerned the city was forced into the matter. Swarner thanked Ross, administration and other council members who had worked so hard on the changes because it took a lot of hard work, persistence and patience. Councilman Moore noted, if he was asked at the KRSMA meeting if the council could accept or not accept the draft, and unless he heard otherwise, he would tell them, yes. There were no objections, although Bookey stated this council and future councils will have to be very cognizant of future changes, because it will come back again and the city's concerns may be ignored. Measles noted, eventually, the matter would go to court. I-3. Attorney - No report. I-4. City Clerk - No report. 1-5. Finance Director - No report. I-6. Public Works Director - No report. I-7. Airport Manager - Airport Manager Ernst reported his report was included in the packet. ITEM J: DISCUSSION J-1. Citizens - None. J-2. Council Bookey - Reported he would not be in attendance at the December 3 meeting. Swarner - Reported the Senior Connection was selling pies (by order) for Thanksgiving. Moore - No report. Measles - No report. Bannock - Thanked council for clarification on the Challenger. He also thanked Ross for becoming city manager. Smalley - Agreed with Bannock. Thanked the Senior Center for the recognition dinner. Williams - Reported he would be out of town from November 22 through December 8. Vice Mayor Measles will be presiding during the meeting of December 3. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 19, 1997 PAGE 30 ITEM K• The meeting adjourned at approximately 9:25 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI CITY COUNCIL WORK SESSION NOVEMBER 19, 1997 6:00 P.M. KENAI CITY COUNCIL CHAMBERS COUNCIL PRESENT: Williams, Smalley, Bannock, Swarner, Measles, Bookey, Moore. STAFF PRESENT: Freas, Graves, Kornelis, Frates, Springer. OTHERS PRESENT: David Lucas (Peninsula Clarion), Ethel Clausen, Jerry Ward and Gwen Hinkle (Ward aide). Williams noted the purpose of the work session was to review the City's Capital Improvement Project list with area legislators. Williams reported, Representative Hodgins was unable to attend the meeting as he was in Anchorage. Representative Davis and Senator Torgerson were invited, but were involved with the Finance Committee meeting held in Soldotna this evening. Williams noted, Senator Ward and his aide, Gwen Hinkle were present. A copy of Resolution No. 97-75 was distributed to Ward and council members for reference. Ward stated he appreciated the opportunity to meet with council. He added, he felt there would be more of an opportunity this year for capital projects in areas he represents and that he will be glad to cooperate with council. Sewer Treatment Plant - $700,000 Williams referred to the list of capital projects and explained the Sewer Treatment Plan needed to get underway. The City was requesting funding to pay for the design of the addition (at this time) which was planned to begin construction in 2000. He estimated the project would cost $7 million. Roads - $2,500,000 Williams noted, the road funding request was to be used for quick maintenance of existing roads. He added, the city would take any money the Legislature would give for the upkeep of the city's roads. Maintenance shop - Design - $250,000 Williams explained, the request relating to the maintenance shop was to fund design work. He added, he had the opportunity to take Senator Ward on a tour of the city shops and airport during the day to show Ward what the city was up against in regard to the maintenance of city vehicles and fire equipment and their relationship with the airport. He explained, the reason the city was asking for state funds for the design of the building was because the airport is a regional airport, but owned and operated by the City of Kenai for the use of thousands of tourists and residents. He added, the city seldom gets money from the state and hopes the state will fund the design work for the building. COUNCIL WORK SESSION NOTES NOVEMBER 19, 1997 PAGE 2 DiR Net Fishery Projects - 1,700,000 Williams explained the dip net requests were included on the list due to the increased use of city facilities and beaches during the dip net season and caused by the state's reallocation of fish. City Manager Ross explained, the South Spruce Street parking project may qualify for Exxon funding. Representative Hodgins has indicated an interest in supporting this project. This project is ready to present to Exxon for funding. Some Exxon funding had been used for dune protection, new stairway, etc. Ross added, the dock projects (dock area paving, new launch ramp and new dock access road) may not be eligible for Exxon funding, however the area has been impacted by the dip netting season as well. He noted, the South Spruce parking costs were estimated at $155,000 (of the $700,000). Having available parking is the primary concern for those taking advantage of the fishery. Additional parking will eliminate much of the congestion and parking problems now encountered and attributed to the fishery, as well as environmental concerns. Ross explained, the possibility of receiving the funds could be increased with Ward's support. Ross explained there is another major project in regard to access of the River on the south side of the river (which is not included on the CIP list). He explained, better access to the south side of the river would alleviate a lot of the pressure on the north side and will protect the dunes on the south side of the river as well. A plan is being re -worked to be submitted to Exxon for funding. He added, the city would be needing Ward's support of that project as well. Ward noted, he would like more information on the south side project as he had received a number of calls in regard to the access problems felt by the property owners in that area. Ross noted, the city's initial plan had been rejected by Exxon for habitat reasons. It is being re -designed and hope to have it before council for their review by the first of the year. After council's review, the project will be re -submitted. Ward's support of the project will be needed. Williams noted, the dip netting problems were brought about by conditions outside of the city's authority and ability with which to cope. He added, the new launch ramp and dock access road funding request were also brought about by the same problem. He explained, the present road is approximately one-half mile long and is an unimproved gravel road. The line of vehicles waiting to put in and take out boats is a safety hazard. Ward asked what were the city's environmental concerns in relation to city projects. Ross answered, improved structured parking on South Spruce Street would help keep people from misusing the road and getting into the wetland area. General Comments/Questions Sewer Treatment Plant Upgrade - Ward asked if the STP had been designed for existing or future growth. Kornelis answered the city received a DEC grant to enlarge COUNCIL WORK SESSION NOTES NOVEMBER 19, 1997 PAGE 3 the plant a few years ago. At this time, the city is in compliance with the state, however the plant would be reaching its peak in five years. Williams noted, the city had more stringent requirements than Anchorage and other areas of the state. Forest Drive/Redoubt Avenue Upgrade - Ross noted, the city has been on the state's list for the upgrade of Forest Drive and Redoubt Avenue. He added, the city will take over the maintenance of the roads when they are brought up to standards. The engineering is to be done this year, however the project has been delayed again. He requested Ward check whether the money is available for the project if the project is engineered and ready to proceed. Ward stated, he talked about the project with the Borough last year. He thought this year there would be more control of where the money is to go. He agreed, the project needed to get done. Ward added, he would do what is right and he and Hodgins will promote it. Upcoming Legislative Session: Ward commented the most important item he sees coming before the Legislature this session is the School Formula Foundation Program. AML and others have taken the position more funding is needed for education. The present formula is not etched in concrete and can be changed to be a fairer system, however he expected there will be a bloody battle. Ward also noted the federal government won't take over management of the state's fish and game program. He won't vote to change the State Constitution. Ward added, he will be watching what happens with the ISTEA program funding. He noted, the State is in a very good position with Senator Stevens' in place and the state is in very good position for help with the improvement of its road system and trails. Ward added, the school formula funding should be on a per pupil basis with area cost differentials and comparable education costs. Ward finished by stating education and public safety are the most important concerns which have been voiced to him from the public. ADJOURNMENT: The work session adjourned at approximately 6:40 p.m. Notes transcribed an, ddpprepared by: Carol L. Freas, City Clerk CITY OF KENAI- ., It cd ea fS" 4 y414a&� 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 *rtyyl w..,oa. 1III'I 1": MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai �ti DATE: November 25, 997 RE: CUNNINGHAM PARK PROPERTY/GARCIA BUILDING ENCROACHMENT Attached is recent correspondence, council packet information and minutes of past meetings in regard to the above -referenced matter: a. 10/30/97 CRG letter and attachments to Sara C_ Scott (heir of Martha Cunningham) . b. 10/ 10/97 Sara C. Scott letter to city. C. 9/3/97 council meeting minutes. d. 3/5/97 council meeting minutes. e. 3 / 5 / 97 council packet information, i.e. 2 / 21 / 97 C. Garcia letter and property plat; 2/28/97 CRG memorandum to ccuncil regard proposed land swap with Garcia; 2/25/97 B. Springer memorandum regarding setbacks of Garcia building. f. 9/ 18/96 council meeting minutes. g. 9/4/96 council meeting minutes. h. 9/4/96 council packet information, i.e. 8/29/96 J. La Shot memorandum regarding placement of fencing at Cunningham Park (with plat attachments) . i. 8/21/96 council meeting minutes. j . 8 / 21 / 96 council packet information, i.e. 8 / 21 / c,5 B. Springer memorandum regarding building permit for Garcia building and discovery of encroachment (with building permit application and plats attached). October 30, 1997 e Sara C. Scott 2220 N. 15`h Street Sheboygan, WI 53083-4649 RE: Cunningham Park Property Dear Ms. Scott: CITY OF KENAI &I 0.,� q,414aj,1z,-v 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 vand IW2 (C(Opy Thank you for taking the time to write to us about the Cunningham Park property. The Kenai City Manager has requested that I respond to your letter. First I would like to give you a little background information about the problem. In 1971 Martha Cunningham donated a piece of property to the City of Kenai to be used as a park. It is located on the Kenai River. The deed states that the property will revert back to Martha Cunningham or her heirs if it is no longer used as a park. The property has been developed as Cunningham Park and is heavily used in the summerti�-ie for bank fishing and boating access to the Kenai River. The park is about 1.75 acres. A copy of the deed is enclosed for your information. Some time ago, the City discovered that a portion of a boat storage house being built by a neighboring land owner was encroaching on park property. When the encroachment was discovered, the City ordered Mr. Garcia to stop construction. Mr. Garcia then requested that copy of a he be allowed to trade property with the City to resolve the encroachment. -- survey of his land showing the encroachment and proposed land :: ade is also enclosed for your records. The trade basically would involve a swap of 621 Square feet of property. According to our City Engineer the property is valued at about one c--Ilar u square foot. The City is very appreciative of Martha Cunningham's kind gift of .-e park to the people of the City of Kenai. Because cf that and the reversionary clause in tl!! deec. the City Council did not want to consider any land swap which would go against the -wishes of Martha Cunningham's heirs. Thereiore, the requested that Mr. Garcia contaz her Heirs to see if they objected to the proposed trade. Ms. Sara C. Scott October 30, 1997 Page 2 of 2 The Council has not taken a formal position on whether it is in favor or opposed to the proposed trade. I am sure the desires of the heirs in the matter will weigh very heavily in the Council's decision. I hope I have answered your questions about this matter. If not, feel free to write or call me. I will be glad to do whatever I can to assist you and the other family members. Very truly yours, -CITY OF KENAI r:= C R. Graves City Attorney CRG/sp Enclosure CA J. at It j c-c I Lit L comli t ions it i the v N ta 1 1,: it on r;: L' .11 i L;L L u,i Ij by a deed subject to tiiusc condiz'zns ,pith the ot-her 111,111 and processing to follow, NOW jjTr..Rr-.FOj,,j:, the:ARTHA r;. CUt. herch)- rives and du -notes COT conveys and quitclail"S to the Ci t of Kenai, hnmc- rule charter - municipal corporation, or-,-.anizct; -:-.dcr the laws Of t!lt Stateof Alaska, all interest which she has in the following described real property sittlatcd in the rend Recording District, Alaska: The East 30P `'.vt Of '.-:--:ct Five (5) of 11ORSES110r. r-.?!n A,r 1I1'.11*7 7.=. according to Plat on 1711C .-! I I"I tile Kenai District ilocort!cr. Alasi-3- SUrJr..rT TO: 1. A naraing of the�crorial Park". 2. A reversion to -i Cimninnhnm or her heirs in the' event the property is no Ionucr as a park. The donated real -.11,11T-Iic surveyed, !11:Itt0--1 and approved by the proper autilore-.ics at the cost Of the CiLy Of Kenai and at no colt to the Done.. 4. Reservation to the --rantor of all mineral and oil rights, except coal. .MAI WED at Sheboygan, '"4s=znsin, of December, 197 r STATE OF WISCONSIN MMVICY COUNTY OF THIS IS Td�JC/6 -Y t-z:_n the'ZLE lay of DuccmUcr, ftm".4", CUNNjj,1Gjjj%1-1 rcrsonall, - -eared belorc the undcrsi�,ncLi ncd and U. At"" h and acknowlCd9cd that the above acknowladk-d awjler act. jl J71 1 011, "--.- ,12 4• Beaver boo P.C. p Road 50' 1 (51.45) I I SHOP/GARAGE ( 4 9 8 9) I Y 83.511 + BUILDING UNDER CONSTRUCTION (ENCROACHES) CI IAIN—LINK — F FENCE N367S2'21" E —� OSI If U 40.49 i\s►.. \ 16.7t 16.2 SHED 621 S.F. o — O N APPROX. WELL �Q • O LOCATION / W 771 80.2' t 7 APPROX. CREEK h' p 2—STORY FRAME of LOCATION N5727.4rw DWELLING `r .3069 in c,.I ELEVATED —�— /o N WOOD DECKS o CA O �, m O Tract 4 N �� s m M Proposal A O 0 SEPTIC SYSTEM G� VFNI (NER OWNER) n O r� O o 621 S. F. Z Z (N81' 1 5 0Q. W 303.53 M EANpER LINE) Garcia Property 6.67 K E V Ej f R f Tr. 4, Horseshoe End R at Riverbend Sub. I0/1O/y'7 ee�. p A2 k t"VWI SIRS 1 /�77s ',3,) 4A7 M9 NA171K- is 3/4Rjl� C'1011)dIll" z I/V Tla oay Z77-M 1n1jeP1a 1'I J 1)9071-�kS �7 f21k?l j, MW 7" k-ST/Y,,4Q Sbky6WS , Srt,s&q6 1 toZ. 0DPf/l1)'PAS79 s—(Oc)p OP :LA) -r#k10" IO P12?y- 4-77'�V iVlq-� lqwoq�64o4 T�4 �a� 7� W10—S ,Tock`!1E TO pkrW O 0/C7 a yUR t T/4)6- 70 �'! ri) /1OF,(--21n19 l ID/v 'rD �61ZW G mR� CM�Zrs ��C�/�• �g ,�XP�i4i�� (�D 7/�i, � r�/9� P��vn u11r,1 20& a /1�6 0/1fl g, D d r TD T,,f,- 5 W�e F Y � ln�) i A)o Co -RZIRS wouzz .11KC TD I lA&V T S , I/- It4f AT 7-�# � 71-11k z /9f IjV _I6W17f 4t>l lff � eo7-/Y OT/f M/77 JOY - 4)A- IOU TO �6?1s/aA)s §1 /A�TRM /�72Y 1W, due CDuWI-1, , r#Ve�k is �it1� �Tiy U,� 37/ar1 mvvi /& T � S�gkS TD 6Z 19C3C�T 5- d� SokV,) �G T#lg SI Tviq-7-10) Stt q G.19 � GL) -T KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 7 Ross also noted, at the last Harbor Commission meeting, the Commission addressed the letter from the Corps of Engineers regarding the surveillance report and then forwarded it to the City Council. He added, it had not been brought forward to a council meeting because he had met with Senator Torgerson and they discussed how DOT had gotten involved with funding with the Corps in different communities throughout the state. At this time, Public Works Director Kornelis is investigating how the Corps and DOT have related in other communities in regard to erosion issues (river or ocean), their level of participation, etc. If there is an option of bringing in another sponsoring party, it's an option council should have before them. He was not aware of how long it would take to get the information, but the Corps had been noticed that the item had not been brought to council for an answer as yet. Williams suggested petitioning the congressional delegation as the sponsorship because each one of them is fully familiar with the city's erosion problems and understand the difficulties the city has had in getting the Corps to move on the work. D-4. Library Commission Councilman Moore reported the Commission met on September 2 and heard a report on the very successful summer reading program. He added, there had been a significant increase in attendance. They also heard a report from the Friends of the Library who are selling their annual building addition fund-raising tickets. The Commission also discussed establishing a Public Relations Committee, reporting to the Commission, to promote public awareness of the library and what it has to offer. Moore added, there was also discussion in regard to an alliance with other local libraries and schools about computer networks. The Commission decided to hold off on that until a future date in order to become more aware of what would be required. Librarian DeForest thanked Councilman Bannock for his involvement with the summer reading program celebration. D-5. Parks & Recreation Commission Councilman Bannock reported the next meeting would be held on September 4. Director Frates reported a tour of city parks was taken by the Commission and it was found to be a good learning experience for all. The Commission will have a follow-up discussion of the tour during their next meeting. Mayor Williams asked the progress of the fence and building placement issue at Cunningham Park. He continued, through past discussions. council was aware the fence had been placed in the wrong place on both sides of the property. He asked if administration could have a true survey line marked and have the fence placed on the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 3, 1997 PAGE 8 property line. He added, he thought if the fence was placed on the proper boundary, it could be seen what room for expansion would be. Ross noted, he was not at the city when the fence had been placed, but some of the items he had read and conversations heard were that the fence was intentionally moved in to keep the public from getting out into the whole of the area. The fence was not meant to mark the park boundaries, but more to contain use. Williams agreed, except there was now a problem in that the boundaries of the property had been delineated and there is always room for prescriptive right. Attorney Graves stated, that could not be done against the city. Williams added, one of the comments he made to the Parks Commission was they needed to do long-term planning for Cunningham Park and to do that, the boundaries should be known. Swarner asked what had happened with the property line next to Garcias. Attorney Graves answered, council had directed Garcia to research the heirs and try to contact them. His lawyer wrote and stated they really didn't want to do that and Graves wrote, stating it was the policy of the council and administration would not change that policy. Graves continued, he suggested they try to contact the heirs and if there were problems to let the city know the process had failed. He had not heard back from them. Swarner asked how much property was involved that was not included within the fenced area. Frates answered, in reviewing the city maps, he thought it was about 20 feet according to a survey from 1992. Swarner stated, she objected to putting any money into that property until the building problem was resolved. Bookey stated he agreed that the fence line was not a primary boundary, but a way to keep intruders from entering other properties. He did not have a problem with doing another survey, but did not want to move the fence as he saw no real benefit. Smalley stated he understood construction on the Garcia building would be halted until the matter was resolved and it appeared to him construction had continued. Graves and Ross stated they were not aware there was work being done on it. Williams stated, if the fence had been correctly bounding the park property the building problem would not have happened. Smalley and Bannock disagreed. D-6. Planning & Zoning Commission Councilman Smalley reported the minutes of the August Commission meetings were included in the packet. Bannock referred to discussion in the August 27 minutes about the Baron Park No. 11 lease application and asked if the information in the KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 30 Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS G-1. Chris Garcia - Building Encroachment/Cunningham Park Mayor Williams referred to the information included in the packet and noted Garcia's building was encroaching on the Cunningham Park property. He added, Garcia had been working with administration to resolve the situation without having to tear down the building. Chris Garcia noted he was encroaching over the property line of the Park property. He proposed to swap an equal square footage of property as the amount of encroached proper:y (the square footage would be in a wedge shape beginning at she river and up along the property line). With the swap, the =ark property would still be the same size and so would his, but the property line would change. He thought that would satisfy :he conditions of the problem. The Borough appraiser told him the value of the property he was offering to swap was worth two to three times as much as the property he would be getting in return. He was willing to do so because he felt that should satisfy everyone. Bannock referred to Building Official Springer's memorandum (included in the packet) which discussed minimu--*i setback allowances. Bannock asked if the map (included in the packet) showed a five foot setback. Garcia answered, 5% feet. He added, after discussing the matter with city officials and others, they KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 31 felt the minimum amount of swapping property would be best. Bannock noted he was speaking of the setback from the building to the property line, which was 5% feet, and there would still be a two -close -to -the -property -line encroachment. Smalley referred to Attorney Graves' summary opinion in his memorandum (included in the packet). The summary noted, the proposed trade would violate terms of the deed agreement and would put the council at risk of forfeiting the Cunningham Park property. Smalley stated he was very concerned with this possibility. Garcia stated he didn't see in the court cases, where a swap of the same amount of property was done. The Park would stay the same size and didn't see where there would be an infringement. Swarner asked if heirs of Martha Cunningham had been contacted. Garcia answered no. Swarner added, from the attorney's information, and according to the deed, the city couldn't swap the property. It was up to Garcia and the city attorney to prove it would be acceptable to swap the property. She suggested the heirs be contacted. Williams reported he had talked with some of the neighbors in regard to heirs and who they might be. Williams asked, if the heirs were contacted and they issued a letter to allow the swap, would council be willing to make the swap. Attorney Graves stated, through probate, a family tree would have to be reviewed to figure out who the right of inheritance would pass to and determine who were the legal heirs. Williams stated he hated to prolong the matter and to say no if there was a possibility to resolve the issue. Williams asked if the estate of Cunningham vested in the closest relative if no 1 relative had been designated. Graves answered, it would have to 1 KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 32 be determined if Cunningham had deeded any property by a will. If not, the family tree would have to be followed. Ernie Knackstedt - Reported he knew the Cunningham's well and the property was to be used for a park for children. He was aware of a sister-in-law of Martha Cunningham, married to a brother of Cunningham. He identified her as Henrietta Aldos, living at 500 Wall Street in Seattle, WA, 98121. Discussion followed as to who the responsibility fell to in contacting the heirs. It was decided to be Garcia's responsibility and it should be his time and cost in doing the legal research. Graves stated, if the heirs issued a notarized letter, signed by all heirs, it would constitute a waiver. This had been done by the courts in the past. He would prefer a notarized letter or quit claim deed. Williams asked how much it would cost to move the building. Garcia answered, it would be completely impractical. Williams asked, if Garcia was able to get a letter signed by the heirs, would council be willing to make a trade. Swarner stated she had a problem with the lot lines being jagged. Williams suggested that if the heirs would allow some of the adjoining property to be used for the Park property, that added property could be leased and there would be no need to change the lot line. Swarner stated she was not interested in that scenario. Bannock suggested using the natural boundary of the chain link fence, selling the pie -shaped portion of property from the chain link fence to Garcia's property line, not do a land swap (with approval of heirs) and dedicate funds received from sale of that portion of property for the same intent of the Park. Bannock stated he believed Garcia's problem would be solved, the heir problem would be solved, and there would be the correct amount of setback, etc. Bannock stated he would like to examine selling I KENAI CITY COUNCIL MEETING MINUTES MARCH 5, 1997 PAGE 33 the property as he described (west fence, east property line, north Beaver Loop, south River). The purchase and proceeds would be dedicated to Cunningham Park. Bannock added, he would like to direct administration and Garcia to accomplish that request. Graves stated he would work with Garcia, but wanted Garcia to search for the heirs and do the leg work. ITEM H• NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and `ouncilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to pay the purchase c= ders over $2,500 and Councilwoman Swarner SECONDED the motion. 'There were no objections. SO ORDERED. H-3. Discussion - Setting Budget Work Session =ate(s) It was noted the budget had to be adopted by cc uncil during the first meeting in June and that personnel -related matters would need to be completed in May. Administration suggested beginning the work sessions after April 16. Williams suggested deciding work session dates during the work session scheduled for Thursday Re Kenai City Council Members: RECEIVE FEB 2 1 !g KENAI CITY February 21. 1997 The enclosed map shows my building encroachment and a possible solution. After being discused with Robert C. Springer, the building inspector for Kenai, it was determined that this will meet the fire codes. The land swap which I propose is an equal square footage swap of property. I have been advised by Jim Lawyer at the Borough, that the river front property is worth from 2 to 3 times as much as road front property, but I feel an equal square footage swap should satisfy all concerns with park property deed restrictions. Sincerely, v� Chris Garcia 50' 1 I 1� 1 83.5't CHAIN -LINK FENCE 40.49 621 S. F . 1 • 1 �Q. 1 h h' s N5727'4rW 30.69 i 1� Beaver Loop P.C. p Road 50' (51. 45) 16.71 FA SI IOP/GARAGE BUILDING UNDER CONSTRUCTION (ENCROACHES) �ry ? OSHED In (A ELEVATED N WOOD DECKS N u [O rh I '1 P O F- O 621 S.F. r- z i L 4 9 8 9) gtI,H 16.2 SHED .r N APPROX. WELL LOCATION 77.1 80.2' f 2-STORY FRAME of DWELLING N l bract 4 n '.SEPTIC SYSTEM Vf Nf (1'ER OWNFN) (N81' 5,00"w 6.67 x E IV I 303.53 MEANDER � AWE) R f v e R APPROX. CREEK LOCATION O N M Proposal A Garcia Property Tr. 4, HOTseshoe End at Riverbend Sub. CITY OF KENAI Od CapzW 4414aalza 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 _ :i tart MEMORANDUM To: Mayor John Williams and Kenai City Council Members From:(--,,/ Cary R. Graves, City Attorney cc: Richard A. Ross, City Manager Date: February 28, 1997 RE: Proposed Land Swap with Chris Garcia On February 21, 1997 Mr. Garcia submitted a proposal to resolve his garage's encroachment on Cunningham Park. As you know, one of the outstanding issues in this matter has been the restriction of our deed that the property be used as a park. A copy of the deed is attached to this memorandum. The deed states in part, "... a reversion to Martha Cunningham or her heirs in the event the property is no longer used as a park." In legal terms, a deed with an express reversionary clause creates a fee simple subject to a condition subsequent. Seltenrich v. Town of Fairbanks, 100 F. Supp. 296, 29 8-3 00 (D. Alaska 4" Dist. Fairbanks, 1951); The Law of Property 12.7 (Cunningham, et al. West Publ. 1984). In lay terms, a "fee simple subsequent to a condition subsequent" means that if the donee (the City) stops using the property for a park the donor (Martha Cunningham) or her heirs get the property back. Where the reversionary language is not clear, the courts will construe the clause to be a covenant rather than a condition subsequent. For our purposes, the importance of the distinction between the two is that violation of a covenant would not risk forfeiture of the property, whereas violation of a condition subsequent can create a forfeiture. Seltenrich at 299-300. In my opinion, the language is sufficiently clear that the courts would hold the language in the Cunningham deed to a condition subsequent rather than a covenant. Another issue is whether conveyance of part of the property for non -park use would trigger forfeiture of the property. In City of Dallas v. Etheridge, 253 SW2d 640 (Tex 1952), the City of Dallas used a portion of a similarly dedicated park for a non -park - related public road. The geed in question also had an express reversionary clause. The Texas Supreme Court held that the non -park -related use by the City violated the dedication and held the City's right to the park land was forfeited. Memo to: City Councii Members February 28, 1997 Page 2of2 More recently, courts have been reluctant to order forfeiturd of property, especially when the overall purpose of the donation is being substantially carried out. Johnson v. City of Hackensack, 200 N. J. Super 185, 491 A.2d 14 (App Div 1985) (Minor deviation from dedicated use will not cause forfeiture). Kinney v. State, 293 Kan 325, 710 P.2d 1290 (1985) (Deed requires only good faith effort to maintain property for dedicated use). What distinguishes the current proposal from the Johnson and Kinney cases cited above is that the current proposal calls for the City to convey a portion of the dedicated property in the form of a land swap. In Johnson and Kinney the government simply didn't use all the property for the dedicated purpose. Conveying a portion of the property increases the chances that a court would order forfeiture. The Alaska Supreme Court has not ruled in a similar case so it is difficult to predict with certainty what its ruling would be. In my opinion, the court would hold the proposed conveyance does violate the deed restriction. What is less clear is the remedy the court would enforce. While I cannot state with certainty that a forfeiture would result if the trade is approved, forfeiture is a distinct possibility as shown by the Etheridge case cited previously. On January 6, 1997 I sent a letter to Mr. Garcia's attorney (joe Kashi) stating my concerns and inviting him to submit any authority or case law =M—ch would alleviate the problems I saw. He has not responded to my letter as of the date of this memorandum. In summary, it is my opinion that: 1. The language in the Cunningham deed is clear; 2. Conveyance of part of the property by virtue of the Fr oposed trade would violate the terms of the deed; and 3. The proposed land trade, if approved, puts the City at : isk of forfeiting the property at Cunningham Park. If you have any questions or would like to discuss this, feel free to call or stop by City Hall. CRG/sp Attachment Me or n um Date: 02/25/97 To: Cary Graves, City Attorney From: Robert Springer, Building Official RE: LETTER TO KENAI CITY COUNCIL FROM CHRIS GARCIA I reviewed the above -mentioned letter and drawing. The setbacks shown on the proposed plan will meet building and fire code requirements. However, they will not meet planning and zoning requirements for setbacks in RR zoning. The minimum setback would be 15 feet. RS/mk KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 1996 PAGE 18 responsibility of the State (Kornelis was asked to check the progress of the Forest Drive upgrade and lighting status for that project, finding out if the scope of the project- is the same as it had been); and, the light to be placed on Haida should be chosen from the three, which one was the most needed. The remainder of the lights should be kept on the list for next year's budget. There were no objections from council to the list of lights to fund. EXECUTIVE SESSION - None scheduled. ITEM I: ADMINISTRATION REPORTS Mayor a. Ribbon -Cutting Ceremony - Williams reminded council the ribbon -cutting ceremony for the Spur Highway upgrade was moved to September 24, 1996 at 1:30. b. Garcia Building - Williams reported he had received a letter from the attorney representing Chris Garcia in regard to the building being constructed on a portion of Cunningham Park. Williams added, the letter stated the attorney _ -:ad been retained to help in negotiating and determining what could and could not be done. One issue was whether Garcia and the city could swap land for like value, i.e. swapping a portion of =he city property (Cunningham Park) on which the building is encrcaching and in return, Garcia would give the city an equal amount of property on bordering the other side of Cunningham Park. If the swap was possible, Williams suggested council again consider the purchase of the five acres of adjoining Lofstedt property. Williams reported he spoke with Lofstedt and he indicated he would be interested in selling the property for $250,000 and would take the money over time. Williams noted that might be able to be done as a capital project, raying it over a two-year period. Measles reminded council that they once considered purchasing the five acres when they were looking into the poss e ility of building a boat launch and adding more parking space to the park. He asked if council would want to enlarge the park even if it could not put in a boat launch. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 18, 1996 PAGE 19 Williams stated some of the reason for considering purchase of the property was because Garcia didn't want more people going on his property. At some time, in Williams, opinion, the river would be a drift -only fishery and an egress from the river would be needed. The purchase of the property would be for use in five to ten years. Williams noted, in any event, Garcia will come back with a plan. Attorney Graves was asked if the substitution of property would be acceptable. Graves answered, he thought the substitution of property would be more palatable. If the city gave a portion away, the question would be whether that would breach the agreement for the property from the donors. Graves added, he would research case law. Williams added, without an exchange of property, the only alternative for Garcia would be to tear the building down. Smalley noted, that was why Garcia retained an attorney. He aded, he personally was uncomfortable with giving, trading or Lod elling city property because someone built on the property. It uld be setting a precedent. C. Economic Forum - Williams reported he would be traveling to Anchorage to attend an Economic Forum organized by Mayor Mystrom. d. Nakamura Letter - Councilwoman Swarner referred to a draft of a letter to at the Division of Public Health which was included in the packet. The letter was written in support of the Parent Support Program and the need to continue the program through the Kenai Health Center. There were no objections from council to send the letter. I-2. City Manager a. City safety Plan - Ross reported the city's safety plan was in the final review mode. Language change the wording of who is ultimately responsible for carrying out the City Safety Plan within the departments and city from the Safety Department to the department heads and the city manager. The Safety Department responsibility is to make calls referencing prcblems seen, but primarily to provide technical and resource ass -stance to the departments. There were no objections from council. Also, the Alcohol & Drug Screening policy required a correction in regard to when a CDL who has been randomly selected for drug/alcohol testing. At present, the Plan classified random drug testing CDL's along with CDL's being tested due to a citable accident or reasonable suspicion. As written, =he random drug KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 1996 PAGE 15 ITEM E: MINUTES E-1. Regular Meeting of August 21, 1996. Approved by consent agenda. ITEM F: CORRESPONDENCE eC None. ITEM G: OLD BUSINESS Discussion - Date for Introduction of Ordinance Accepting the Comprehensive Plan. Williams suggested the Comprehensive Plan Update be reviewed during a work session prior to formal approval at a council meeting. Smalley stated he agreed strongly and suggested comments and amendments could be made at that time. It is a document that is the future of the city. Williams suggested capital matching grant issues could be discussed at the same work session. A joint work session of council and the Planning & Zoning Commission was scheduled for Monday, September 16, 1996 at 7:00 p.m. Clerk Freas was requested to notify the Planning & Zoning Commission members. G-2. Discussion - FY98 Capital Project Matching Grant Program. Work session set for September 16, 1996 at 7:00 p.m. in council chambers. G-3. Discussion - Garcia Building/Cunningham Park. Attorney Graves reported the only additional information forwarded to council was the survey indicating the Garcia building was more on city property than first discussed during the August 21 meeting. Also, included in the packet was a copy of a memorandum from City Engineer La Shot regarding his first contact with Garcia in 1982. Williams asked if Garcia had been advised. Graves stated he had not talked with rim. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 4, 1996 PAGE 16 William requested Garcia be advised in writing, and copies of the survey and La Shot's memorandum be included with the letter. Garcia should also be asked what action he would be taking in regard to the building. Williams suggested giving Garcia ten days in which to respond to the city. Swarner stated she didn't think the city should ask him what his plan would be or give him ten days in which to respond. The city should tell him what he needs to do. Williams stated he thought it would be appropriate as a courtesy to a long-time city resident, etc. to send a letter with the enclosed information indicating the building was placed on city property and give him ten days in which to respond as to his intentions. Ross asked if the letter should be written by the city attorney. Council agreed it should. Graves stated he would send the letter by certified and regular mail. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified 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 Moore MOVED for approval of the purchase orders exceeding $2,500 and Councilman Smalley SECONDED the motion. Williams referred to the earlier request to discuss Item H-8, Approval of Inlet Woods Subdivision Lights at this time. Councilman Moore referred to a memorandum from Fornelis which was included in the packet. The memo noted Air Tek, the contractor, submitted an updated proposal for placement of Leven light poles in Inlet Woods. The cost increased due to the =anufacturer's cost for the pole/fixture. $7,500 was budgeted for the work. An additional $749 would be needed in order to cover the cost for the placement of the seven light poles. Kornel_s offered two options: (1) pay the $749 from the $20,.000 budc eted for other new street lights or (2) reduce the number of street lights to be To: Cary Graves, City Attorney From: Jack La Shot, City Engine Data: August 29, 1996 Re: Garcia building/ Cunningham Park You had asked Kim to have me write a memo to you concerning the building Mr. Garcia has started to construct partially within Cunningham Park. The following is an account of what I remember from 1982. 1 administrated a contract in the summer of 1982 to install fencing in various locations within the City. One location was Cunningham Park along, the east and west sides of the park. The reason for placing the fence was to restrict use of the park to established areas upland of the river. People were trespassing, littering, and starting fires in the grass. had the fence installed between the park and the Garcia residence being certain to keep it well on City property and off the Garcias' lawn. It was apparent, at the time, that the Garcias' were using some City park property to store items and for lawn. Mr. Garcia, after observing the fence installation, came to my office thinking that we had installed the fence on his property. After much discussion, looking at maps and plats, and even physically locating a monument and measuring to the adjacent property corner, we were both certain that the fence was well on City park land, not along the property line or on the Garcias' property. Considering the effort to determine the location of the property line, I was quite surprised to see the building being constructed in this location. 3 "92'S�•:�»W pU%;ding SetbaCk ---- sign � I I �Yt/16 Bea7:er '�'0 01) R oari I00, GDW ENCROACHMU �9 2' - cable _f) _ a fence (� i o 0 I O rM i � M I r �J• 0 two-story self-:ontoinea k ,1 garage under I restroom unit ` 1 Consl. 1 1• gravel 1 f d o v t1 7.4' F- Z la J�ol ` LLJ c i •1 = Y o U `! Q °6I 0000 O 1 0 U parking t17.5. Z � o picnic shelter O faww o 3 ct+al� � I p olkwoya a Z 1 o ...... •of o top bluff Tract S-B 58 T 3'2' �N 45.7 i AS —BUILT CERTIFIC_ IION 1 a a 55. 14' 5'w /i W J }\ L= I E N D - As -built Certificate • Rebar/Pipe (rouna) I hereby ceruf_v that the improvements hereon exist as shown on tn.e rollowing eescrloed property. Tract —9 Date:26 August. 1996 F.B. #: 96-6• pgs. 16-17 Horse—e End At Qiver Bend Subdivision Scc:e: 1" = 40' Plot 72-12 KENAI RECORDING DISTRICT ona that no encroacnments exist except as indicated. Drcwn: REW W.O. 4: 96131 Disk: D16\Horsesnoe End Exclusion Note: It is the resconslbility or the Owner to determine the 1N'] -E.GR= SURVEYS existence of =v easements, covenants, or restrictions which do not ccpear on the recorded subdivision plot. �05 Swires Drive Kenai. Alaska 99611-8363 Under no cirC,mstonces snoula any data hereon be URVEYCRS '11111E -' 307) 283-9047 urea for construction or ror establishing boundary or x --- 907) 2e3-9071 �;_ANNERS fence Tines. ACT —A N BEAVER L00P 00' PWF* 1 ' \/`I`I �I at C4 N bW O N us&0 N BT30 p' E 245.74 KENAI RIVER For P. e.rr.r. -J 0U W t �BRACT T:: Pon ago pas 4 NM : 7hb survey is iv 1 eject to any tads the may be dedosed by a ful and acaaote title esar k Swan Surveying Mkhael Swan ILLS. P.O. Box 987 • Soleorna. AK 99669 • 19071 262.1 O 14 j engage$ /.�..�.A�s.�f� er • ••'! �- trJ r //a/ee► eerrlh Mar /new NMMIM . uMleec/e Mll N MNsenb" o.e"My Lee Me rr Me AeM/ A. Sra^ ' • ! e•N^0 Oistrwt. xenN. •R. aM /Aer M v lvMwNewn ."Awns me1NA en O//AM lA1 OMM�f► AMt eM N M/ a•'a•NO M aACMICA OA the peMR► h'MO eelNaae 111Me/4 Mel M /Mp1we• `'•� •� LS 6S '^ aNMe M Nee1/1► A'M eeletlN McMN IACMKAOw the OIMMNJ M OWlMma a" most fAaN aN M AM/ �I wed Nt N a.N�eONfI e+feN q e1rC.M1M/eM. fsl� i De/MMNY* rn/e_-6— awe/ —AAL /11.fiC!„l/ ♦<<V1►s�'a' AS-auu rftw naT � Beaver Loop 4oac 100 =/W !� sp I ar...,, a... S 82 ..330 t w...r. 30236 LO Sp sp 00 '1 I i W TRA,. CD c N SWAN SURVEYING P.O. Box 987, Soldotno, Ak. 99669 CUNNINGHAM PARK AE 55.14 .,.. r.9..++. S 87'30'00' 245.74 ouftesr.,'-r o.r.m KENO', DIVER KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 5 of 21 B-3. Chris Garcia - Building Permit Garcia stated that if something isn't done about this issue he is probably going to lose his building to the weather as it has no roof. He said as soon as he learned there was a discrepancy he stopped construction. Garcia referred to the map handed out by Kornelis and said it doesn't agree with his information. Garcia said that at the time of the survey the City came to him and said that the boat launch was on his (Garcia's) property. Garcia told them he didn't really care; they could just leave it there. The City then told him the boat launch was real close to the property line, he said; and they asked him if it was all right to "fudge" the fence on his side of the property line so they could keep the boat launch and then run the fence down the property line. Garcia stated he was told it was only two or three feet, so he told them to go ahead with construction of the fence. Since then, Garcia said he has utilized the property up to the fence as his own. He said even the City police have run people off of the property and told them to stay on the City side of the fence. After Garcia began reconstructing his building, he said, the City building inspector told him he was infringing on the City's setback. So Garcia checked the setbacks and learned it was 15' on side property lines, he said; and because he was 19' from the fence he didn't see a problem. Garcia stated he discussed this with Mayor Williams and was told the Mayor didn't see a problem either. "The building inspector told me he was going to send me a letter telling me everything was okay, and he :-lever did," Garcia said. When Garcia approached the building inspector about the subject several months later, Garcia was told there was still a property line dispute which needed to be resolved, he said. Garcia stated nothing has been done on this problem all spring and all summer, and he would like to get it resolved. Garcia suggested that maybe the survey which was done in the late 1970's was wrong. He said he is willing to buy the property from the City or "whatever it takes," because he has a lot of money invested in a building that he doesn't want to remove. �(Mayor Williams stated that the fact is that Mr. Zarcia's building is on City property. The location of the fence, he said, seems to have caused the misunderstanding about where -he property line really is. Mayor Williams said it's not possible to say why the fence was put where it was or why the foundation of the second building was placed where it is. He asked Garcia how long the ;original foundation has been where it is. Garcia stated it was KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 6 of 21 after the fence was up, maybe the late 1970's or early 19801s. Mayor Williams said that when an encroachment goes unchallenged for so long the property in question usually goes to the encroaching party. City Attorney Graves stated that compounding the problem is the fact that this is dedicated City park land. He said, if the City doesn't use the property for park land, it reverts to the heirs of Martha Cunningham. Garcia said that the City stopped using the land as park land when the fence was built. He said he has used the land up to the fence ever since the fence went up. He said he has planted grass and stored things in it. "The City has not used that particular part of that property as park land since the fence has been there." Attorney Graves said he was told that the fence was put where it was in order to provide a buffer between the park and Garcia's property. Garcia said that was one of the original reasons for the fence, but that doesn't speak to why the fence was put on City property. Garcia stated that when the surveyors were there, Garcia was told that the river side of the fence was on his property; but he agreed to that because he wanted the fence and because the boat ramp would not have to be cut out. Councilwoman Swarner asked Garcia if he put the original slab in for the new building. He said he did that after the fence was built. She asked if he had a building permit for that project, but he couldn't remember. Kornelis said the only permit for that property was for the construction of the home. There is no as - built or any other record for the new building, Kornelis said. Mayor Williams asked Administration to research the problem and try to find a solution short of tearing the building down. Councilman Bannock said that the building is approximately 19' at its closest point from the fence. He asked Garcia if he was led to believe that the fence was the property line? Garcia answered yes. Bannock asked if it would be possible for ::he City to bear the expense of resubdividing that property and giving the 19' "sliver" back to the Cunningham's because it is not being used as a park. He said then Garcia could negotiate with: the Cunninghams to solve the encroachment problem. Attorney Graves said the problem is in contacting the heirs of Ms. Cunningham. The estate has been closed (prc�ably), he said, and we don't know how many heirs there are or if- they could be found. Councilman Smalley pointed out that the =ity is, and has been, in violation of the agreement because that section of the property has not been in use as a park. KENAI CITY COUNCIL MEETING MINUTES August 21, 1996 Page 7 of 21 Councilwoman Swarner asked if the March 1996 survey could be incorrect. Mayor Williams said that until a solution to this problem is obtained Garcia should not be fined. Councilman Smalley agreed that a new survey might be a good idea. Councilman Moore asked if a survey was done before the fence was built. Kornelis said Jack La Shot was in charge of putting this fence in and he has been on vacation recently. Kornelis said he was told that Jack had placed the fence away from Garcia's = property line because Garcia wanted a buffer zone and the fence because of the number of people in Cunningham Park. c c Mr. Garcia said, "That's not so." He said all he ever wanted was a fence just so people would know to stay off his property. He said again that has always been under the impression that the fence was built on the property line except on the river side where it was on his property. Kornelis said Jack would back on Monday and that he might have some documentation on the subject. Mayor Williams directed Administration to try to come to a solution without any ramifications to Mr. Garcia. No objections from Council. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1709-96 - Increasing Estimated Revenues and Appropriations by $150 in the General Fund for Fertilizer and Gardening Supplies. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1709-96 and Councilman Smalley SECONDED the motion. There were no public directed the Clerk to for their donation. VOTE: Williams: Yes Swarner: Yes Moore: Yes or council comments. Mayor Williams write a thank you note to the Katmai Hotel Measles: Yes Bannock: Yes Smalley: Yes Bookey: Absent MOTION PASSED UNANIMOUSLY. C-2• Ordinance No. 1711-96 - Increasing Estimated Revenues and Appropriations by $490,000 in a New Capital Project Fund Entitled, "Kenai ARFF Project." MEMORANDUM TO: Mayor Williams and Council Members THROUGH: Keith Kornelis, Public Works Director FROM: Robert C. Springer, Building Official DATE: August 21, 1996 SUBJECT: Chris Garcia's Building at 2528 Beaver Loop Road 1 was doing an inspection at a house across the road from Mr. Garcia's property on 11 /21 /95 when I noticed construction on a building had been started on his property. At that time they appeared to have been constructing frame walls in a tented slab, but I could not confirm this. I was able to speak to Mr. Garcia on 1 1 /29195 by phone. I told him he needed a building permit to construct a building on his property. He stated that he had talked to the previous Building inspector (Howard Hackney) who informed him he did not need a permit as he was only re -constructing an old building that had collapsed. Mr. Garcia then indicated he would get a permit. Mr. Garcia's wife came in to my office on 11 /30/95 to get a building permit, which I issued at that time. I did not ask for a plot plan since Mr. Garcia had indicated to me he was only re -constructing an existing building. According to KMC 4.05.025, a plot plan is only required for a new or enlarged structure. The building was already 30% complete and since I had not seen the size of the previous existing building, I could not determine if this building was actually new or enlarged. After looking at the location of Mr. Garcia's building, in relation to the property line, there appeared to be an encroachment. I sent a letter to Mr. Garcia on 12/22/95 informing him that his building appeared to be encroaching on the set backs, and to please provide an as -built survey so we could clear this up. Mr. Garcia called me on 1 /3/96 and indicated he did not want to provide an as -built. He insisted this was an existing building that he was re -constructing on the old foundation. We had on file an as -built survey of Cunningham Park that was done in February, 1992 by Swan Surveying (see attached). It does not show any structure in the park encroaching from Tract 4. A new as -built survey of Cunningham Park was done in March, 1996 by Swan Surveying (see attached). It clearly shows a building encroaching on city property by 13.3 feet. I sent a letter to Mr. Garcia on 5/23/96, telling him his building was encroaching on City property by 13.3 feet and that his building would have to be removed. At that time I also sent a copy of the as -built survey that was done in March. I sent a letter to Mr. Garcia on 8/7/96, notifying him that his building permit was suspended. I gave him 60 days to get this situation corrected, by whatever means, or his permit may be revoked and he may be subject to penalties. If you need any further information, I will be available at 8:00 a.m. Thursday. • • • • • • • • POST IN A CONSPICUOUS PLACE • • • • • • • • 24 HOUR NOTICE IS REQUIRED FOR INSPECTION SERVICE BUILDING APPLICATION AND PERMIT BUILDING INSPECTION DEPARTMENT CITY OF KENAI 210 FICIALGO ST. PHONE 283-7535 B 3296 DATE 1 / ^ 30 - qs �I EElLTv, -203 7713OWNERgQy ADDRESS :2 r2w-a L.4, 1-00 ��// n%� � j� LOT ILU_f BLOCK SUB f70Y�,2e%-e C—t4J of RILW-' LW- , DISTRICT QR CONTRACTOR STATE ADDRESS LICENSE NO - DESCRIPTION OF WORK NEW ALTERATION rL_ ADDITION ❑ REPAIRS ❑ DEMOLITION ❑ OTHER ❑ IF OTHER SPECIFY PLUMBING ELECTRICAL BUILDING APPROVALS SIGNATURE DATE APPROVALS SIGNATURE DATE APPROVALS SIGNATURE DATE GROUND WORK ROUGH -IN FOOTINGS ROUGH -IN SERVICE FOUNDATION GAS PRESSURE TEST PANEL FRAMING DRAINAGE TEST WIRING MECHANICAL WATER TEST HEAT PIPE TEST INSULATION .JAL FINAL S EETROCK TYPE OF STRUCTURE: wn,HEIGHT: ww 2 LENGTH: USE OF STRUCTURE:cln _ ' i , LOT AREA: OFF STREET PARKING: Q FRONT -YARD SIDE -YARD REAR -YARD 2D L FINAL PLAN CFi�CK FEE q Y�Q� �Zaai? �SAMOIINi RIVAT WATER: E 0 CITY • SEWER: ©'AiIVATE OCITY �/TOOTALL VVA�LLIAATTIC -! 0�00 }y 0 r NATURAL GAS: O YES O NO • ELECTRICAL SERVICE AMPERAGE SIGNATURE OR PERMITTEE OR AGENT BUILDING UMUAL ®s - v ~ Luup Noad 100 R/W so Sir S 82'53'30" E 302. w llme U r., - T" Me 55.14 O C" O ire) O ci W N O O to O A; I TRACT 4 SWAN SURVEYING P.O. Box 987, Soldotna, Ak. 99669 CUNNINGHAM PARK AS— UIL w 54 d fie to tAdow of Tied S of Vw Omeerae �— bwAm sore r - ar Dub F+ M2 e Par Pda 0 V ACT -A N BEA VER L00p N a/JYw L. s.—r KENAI RIVER 100' R/W e PW No TRACT 4 NOTE : This survey Is subject to any facts that may be disclosed by a U and accurate We seardl. Swan Surveying Michael Swan R.L.S. P.O. Box 987 • Soldotna. AK 99669 • 1907) 262.101 ti �«4r (rS ''-+ Je ra *Irf IGl par" cMR .: } , , •+• r. !t I HerabY eertllY Mal I Kars psdormey a Mongagss Intpectlon 0I tns lollowln dgdribad prope"Y ;. e_T s- ' /fe,-s�sloE X; .tom Located In Me Kenel Recording District. Kenai. AK, and that he Improven.ents situated then*" am wlthF •• ..Cctwcl A. Sr*e w ' {{4 the pmpe"p, lines and do not overlap or encroach on the propr/Y tying aoracenf thereto. that no Int0m p. `• '.• l5 6G_ :�.6� manrs an property IY�M�r,g adlscent rhomic encroach an the onwnlses In orwsuon and fiat then am no road - wars. transm�iss�io�n(n/J0�'.'08or What visible oaa�ssse--nN an said popenY sacepr a llndlcsledhenon Deledetyp� A/ssaa This — day of /// ��l L tLLl1� �� AS -BUILT PAYMENTS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: December 3, 1997 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT FOR RATIFICATION HOMER ELECTRIC ELECTRICAL USAGE VARIOUS UTILITIES $25,359.99 KENAI PENINSULA BOROUGH OCT. SALES TAX VARIOUS TAX $6,989.00 BLUE CROSS OF AK DEC. MEDICAL INS. VARIOUS HEALTH $39,772.68 AURORA GAS GAS USAGE VARIOUS UTILITIES $5,665.91 ICMA NOV. DEFERRED COMP. VARIOUS LIABILITY $15,750.00 ICMA NOV. 401 VARIOUS SUPP. RETIRE. $4,900.20 NACO NOV. DEFERRED COMP. VARIOUS LIABILITY $3,700.00 DENALI ALASKAN VOL. DEDUCTIONS VARIOUS LIABILITY $10,647.00 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE AMOUNT Effect. Int. PURCHASE ORDERS OVER $2,500.00 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: 3-Dec-97 VENDOR DESCRIPTION DEPT. ACCOUNT AMOUNT NC MACHINERY SNOW GATE PARTS SHOP OPERATING SUPPLIES 2,532.52 KENAI AIRPORT FUEL FUEL SHOP OPERATING SUPPLIES 12,000.00 ✓` 3r_ GOVT COMPUTER SALES DELL OPTIPLEX LIBRARY MACHINERY & EQUIP. 5,810.00 COMPUTER SPILLMAN TECHNOLOGIES RECORDS MANAGEMENT POLICE MACHINERY & EQUIP. 35,480.00 SOFTWARE MODULES COMMUNICATIONS AK. MATERIAL & LABOR TO POLICE MACHINERY & EQUIP. 7,355.00 RUN CABLING & CERTIFY TO SPECIFICATIONS WINDSTAR GROUP HARDWARE & INSTALL. OF POLICE/COMMUN. MACHINERY & EQUIP. 36,480.00 NETWORK COMPUTER SYS. 2325 'HITE - VENDOR DLDENROD - ACCOUNTING 4NARY - ACCOUNTING .UE - SHIPPING & RECEIVING REEN - APPROVED COPY NK - REQUISITIONER TO ITEM NO. WS34 PURCHASE ORDER CITY OF KENAI 210 FIDALGO STE. 200 PHONE 283-7538 KENAI, ALASKA 99611 VENDOR NO. 13067 CUMMINS NORTHWEST, INC. P.O. BOX 2710 ANCH, AK 97208 4538 SHIP VIA: Deliver EO B PER QUOTATION PREPAY SHIPPING - CHARGE SEPARATE ON INVOICE $O.00 DESCRIPTION OR ARTICLE UPDATE FUEL INJECTOR PUMP TO NEW STYLE AND REPLACE GOVERNOR ACTUATOR CONTROL WITH NEW EFC ACTUATOR AND CONTROL. ESTIMATED LABOR CHARGE MISC. EXPENSES THIS PO NOT EXCEED 3500.00 Mud Gig v�j � �Oo S e m.e P,N C 1-1 C e- n1 S e'4- ACCOUNT NUMBER AMOUNT 001.32-4538 $3,500.00 i rLr L�1 C IL a, THIS NUM ALL f ..-.- -6..... RELATING TO THIS PUR- CHASE. No. Dote 12/1 /97 CITY of KENAI 332 AIRPORT WAY KENAI, ALASKA 9%11-7794 �1 BY FINANCE DIRECTOR - PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT UNIT PRICE AMOUNT 1700 $1,700.00 600 $600.00 T 0 $0.00 100 $1,000.00 200 $200.00 0 $0.00 DEPARTMENT BY TOTAL 1 $3,500.00 mp HEAD Suggested by: Public Works Directc City of Kenai ORDINANCE NO. 1765-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $9,000 IN THE BOATING FACILITY ENTERPRISE FUND TO PURCHASE ADDITIONAL FUEL. WHEREAS, some boat operators are fueling their boats at the City dock later than usual in the year•, and WHEREAS, additional money is needed for fuel purchases; and WHEREAS, revenue for fuel sales this fiscal year is $9,000 more than budgeted and sales will continue. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Boating Facility Fund Increase Estimated Revenues: Petroleum Sales $9,000 Increase Appropriations: Boating Facility - Operating Supplies $9,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1997. ATTEST: Carol L. Freas, City Clerk r- Approved by Finance: -� (11/25/97) kl JOHN J. WILLIAMS, MAYOR Introduced: December 3, 1997 Adopted: December 17, 1997 Effective: December 17, 1997 CITY OF KENAI- " Gil Cap..ZW 4 4&44a 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 byftyl 1IIII1 1992 Memorandum Date: November 21, 1997 To: Mayor and City Council From: Richard A. Ross, City Manager RE: Dairy Queen Attached is a copy of a memorandum from Kim Howard summarizing the appraisal of the Dairy Queen. The appraisal has been submitted to FAA for review. Subject to their approval, we are requesting that Council authorize the Administration to proceed with the sale of the facility. We propose advertising the property for sale by means of sealed bid with a minimum acceptable bid of $245,000, the appraised value. We are proposing that if the Council authorizes acceptance of terms, the down payment be set at 15%, interest rate at 10% (KMC 22.05.045 (b)(2) and Resolution 81-36), and the term length be set at 10 years. Attachment RAR/kh CITY OF KENAI 611 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 VVI" AF�..00rr resz Memorandum Date: November 21, 1997 To: Richard A. Ross, City Manager From: Kim Howard, Administrative Assistant RE: Appraisal for Former Dairy Queen Facility Attached is the Reconciliation and Conclusion of Market Value from the appraisal for the former Dairy Queen Facility. The appraiser, Chuck Osmond of Alaska Certified Appraisal Services, concluded that the current market value was $245,000. The appraiser used the cost approach and income approach to estimate the value placing primary weight on the income approach. In the income approach the appraiser identified the contribution of improvements. The fixtures and equipment that were considered in the restaurant included the dining room seating, the built-in cooler and the freezer. A copy of the report has been submitted to the Federal Aviation Administration for that agency's review and approval. I expect an answer back in three or four weeks. The appraisal is dated November 3, 1997 and will expire on May 3, 1998. Attachment M1 ALASKA CERTIFIED APPRAISAL SERVICES RECONCILIATION AND CONCLUSION OF MARKET VALUE The cost and income approaches to value were used to estimate the market value of the subject. These approaches produced the following similar indications of value. COST APPROACH $247,000 INCOME APPROACH $244,000 MARKET APPROACH Not Applicable In the cost approach, an indication of value was obtained by adding the estimated depreciated replacement cost of the subject improvements to the estimated value of the site. I believe that the estimated reproduction cost new is accurate as is the estimate of site value. I also believe that the amount of estimated physical depreciation is accurate. Where there may be some weakness is in the estimate of functional obsolescence. Difficulties in estimating functional obsolescence tend to slightly weaken the reliability of this approach. It will therefore be given only secondary weight. The income capitalization approach is concerned with the present worth of potential future benefits derived from the property. This was measured by using a net income stream which a fully informed purchaser is warranted in assuming will be produced during the holding period. This method of estimating value is considered when appraising an income producing property because its purchase and financing is often dependent upon its income producing capability. Because of the strengths of the income approach, it receives principal weight in the final reconciliation. The sales comparison approach, as it is most often used, is a direct face to face comparison of the subject and sale properties, with adjustments being made for the various inequalities on an item by item basis. The reliability of this approach is dependent upon the availability of recent comparable sales along with income and expense data in reliable detail. In this case, reliable sales were not available and the market approach was not applicable. Fite No. 00152 Page 90 ALASK.4 CERTIFIED APPRAISAL SERVICES In the final analysis, I have placed primary weight on the income approach followed by minor secondary weight on the cost approach. After analysis of all data, it is my opinion that the current market value of the fee simple interest in the subject property, "As Is", as of November 3, 1997, is: TWO HUNDRED FORTY FIVE THOUSAND DOLLARS ($ 245, 000) Allocated as Follows: Land & Improvements: $245,000 FF&E: NIL File No. 00152 Page 91 CITY OF KENAI � -5 cI CapmiW 4,41a,4*46 " 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 krftll w�reean "2 MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: November 25, 1 97 RE: AMERICAN HERITAGE RIDERS INITIATIVE Attached is the following information accumulated in regard to the American Heritage Rivers Initiative. a. 11/25/97 Alaska Miners Association, Inc., article from the Blue Ribbon Magazine. b. 11/24/97 Alaska Miners Association, Inc. letter regarding designation of Kenai River under American Heritage Rivers Initiative and attachment (Alaska Miners 6 / 6 / 97 letter to Council on Environmental Quality and article from Liberty Matters magazine entitled, Current Events Clinton's Scam) . C. 11 / 20 / 97 KRSMA letter regarding Kenai River nomination as National Heritage Rivers with nomination packet information attached. d. 11/ 18/97 John Rishel (Congressman Don Young's Office) memorandum noting three problems with the Initiative program. e. HR 1842 - To terminate further development and implementation of the American Heritage Rivers Initiative with Bill Summary & Status. f. The American Heritage Rivers Initiative - An Overview and Outline. NOV-25-97 02:47 PM ALASKA.MLNERS.ASSN 90727—=7997 P.01 ALASKA MINERS ASSOCIATION, 11M 501 W Northern Lights Blvd.. Suite 203. Anchorage. Alaska 99503 FAX: (907) 27 3-7997 Telephone- (207, 27fr03e7 November 25, 1997 FAX TO: Honorable Mike Navarre Honorable John Williams Honorable Ken Lancastor Honorable John Torgerson Honorable Gary Davis Honorable Mark Hodbins Kenai Rivcr Center 260-5992 RE: American heritage Rivers Initiative Dear Sirs, Enclosed for your consideration is an article from the November issue of BhteRibbc)) Magazine regarding the American Ileritage Rivers Initiative. I just came across this article and felt you would want to have a copy of it as it supplements the letter we FAXED to you yesterday. Sincerely, Steven C. Boreli, P.E. Executive Director enclosure cc: Honorable Gail Phillips BlaeRibbon Magazine November 1997 Page / I N. Awrimn hum Ne.IM Rkm A New t to Pm" � the Mississippi Hv MArity N Nov..._... A li"onn of pn" frum hun- , I-Nh of thosands of Anraicans aid not Ptuvew Pn-sidcnt Clinton fiurn going ahead with the newt --,a fixlerd land gab. the Amctiran I kritage Rivas Initustive (AI111n. American 14ivtxs is sprartn=ding die Cffurt to obtain desitmauon of she entire t Ipper Mississippi Ritez St. Louis and Minneapdis-Sit. P:.rl am an xmi in a plan to draw SO cities and Rtwns WAD the %dmw. MayOrs are b6ig ctxutW in an ark-mpt to gain their a peat Same may be unaware_ of the ficru (4q=i- tirn arapd by the Mississippi Rivtar Flernage Ccnadot pla. A wtdt: raogc of bminass and p-gnty groups wait - "I to block dust plan The RmAuticvs and ptxi x= gadnxeA against the C bnxlm mpt=m thou_ saols of bisursses and millixm of peq* dK QkllC k ngdt of dre rivrT AlFW is simply a v;.nadm of the Mix v6po River Iknugg Ca rAx pngxnwl amid is jugs as dAngcrolx. Ile lwgtww is val;"; anti uumuna- nif" so 'baMxW' will not knew what they'ne getting intm tuuil g is ono late. City and otxmy uffnals should � vay wary —don't sed your town and it s ptx k dnv►a dte river h wad be up to irsfvitltsa! oacecoimitiLs in ummor and defeat any local plan CO,Wb t (MICsXdie Paark admitwd "Many turw soe NHCs as an economic revkWizapon Pro- gram- in warily the plan and dum is mare P3ervdon and ooaservation c:ommsoitiac nand bmimas anti industry to pmvide wel-poft Wbuld any seximni ban" op� tiara cbime to lode in an anew dom ma W by yet another Wyer of bitean- CF*k regulatuuns and nod tape? lbotngb trmm and cities ace the rust targets, pnmtises of 'Protect and rectrse wil Fall htw ily on the rural bmbwncm as they rod their land tale resuictoa to pwvide umWnuoem ° m nib nd w-L-du rruptes) vuwsbods. Rawnher, rrdecl" nu mm limit uw. ' ore means WWW to a n *MW states Instead of a nawgctrtd plan.. the AHRI will give twwn mines an "impkmwdadoa plan,^ hLd mailts wiU be the same. Some tither things vD think about • 11hen: ate m safegmnu carioca ido do b idotive to p.omct the dtbb of p�p�-ray owrns Nauanaon can Wudc a m,er s wed a = entire dVM and cm wwkklc die anire w wenluocL * 7bittaa (13) Fodecnl Agt:ncics will work with the eomornunity to write an mtmppka enoam plan With the belp of "experu' fieetn the green, ruro-governmental orpn'i?Aons. the plan is aeBain to most rips bonmucratic stamWds- COrrmumities wilt be cmurdMd ro matte a "conuramoed to atitieve ambitkm perfoammmoabastxd gtxds (rrKxe ustrir tionq • Acrid ptu►aV*iy and smaliw StuVei brace will be used to pt> = and expand the ptopan Tice AV:w-ks ham prummej to be good neigl6=7 a tacit admis- NOV-25-97 a2:48 PM ALASKA.MrNERS.ASSN 9072787997 P.03 sion they iiavc nm always tm itcd dw public pivpcirly, tit indication dwq will be .vriung rules and setting 1% - icy. Agencies will hx: gnntecl. "...flexibility fmiln certain but iu- cratic mquiremcnr.; - allovving t!ieni to avoid rules which May now EMit their activity. We :1Jrrady have the first ticgmcat of a heritage corridor. the Muurc.sota Naaottal River and Rccmma on Ana (N-INRRA). aroundMinncalmlis and St. Paul. The in:tnagement Milan for N1NRR.a -states, "... em'10;luc dcvc'.- opmc:it strltcgics... (irc) not a major Component of this pl.m..." Members of die bmincss co:.l- nutnity re: h7z d.e MNRRA plan is vuguc :uid inay be intetpreted more n:suictivrly in the future. Recent proposals to eliminate com:llcm-il navigadon on the Missouri River rrullortc concerns over the ►tit= of navigation on die NIissis-s;ppi. Non- guvcnlnlcnL-J orgamizations are scr- awly pron-mung removal of the 'Ills Anieric:ul Heritage Riven Initiative is nothing inom tl-an a tt.in- ly disguised land control scheme. It undermines rcpi=nt ttive govctu- mcm by circurnmi6ne Congress and state legislntures. !t is hastilc to die C011SULUlional gu u-xitcc of prolx riy rights. allow- ing fcder i agencies wid NGO� iu Kfte«ninc use of private progeny. - 111c language suggcsung "No regulations" is inislcaLUnb. 1111c implement dun pl:u1 that follows will oblige local =ovenin1erits to write the necessary m,111Jations. To allow such designation tci occur by pitsidcritial pro :lainatior, is Hltrc�Ril�h�tr ,�fcr�cr;-irtc• comiler to our Cons6wdoncll princi- ples, and wcnilJ IV t;mt:u110111it u ► condoning :u1 ittlIX16,11 lm sick ttcy. Rcp. Helen ClIC110%cOd1 (ll )) ILLS intrixluced 111118,12 'To, ter11111LIW frothierdcvolopment acid itnplcn:ril- tation of the Amcric.ul Il,�6mge Rivers Irliditive." The: bill states no fcdcr11 ft nd.i can be muxl to 'n:.:tc•c tlic Inidadve or ru1), similar pmgnmi. It also prrvents die prrsicl -Lit k-nl crating a ds rrogratn by Im:.sidL;::ia1 fiat. It's very inllmrant that you ccm- trut your RepresenLitives in Cwil;trss mid exprms your vicn-s cn1 HR I IS42. County rovernmcnt is more po%verful•dtan most N-op to rUdizr. ?he tYst deferise aa:ulist intrusiOlf into local u'fai:s is for local grnrm- r.=Ls to pass a resohridou axpm«lil_ opposition to such plan:. Teri coutl- ties in Iowa. 1rlinn:som and 'Wisconsin passed RCSCILticnis c;u li er. opl?%)`in_ rnthc� [viissbL;ihhi Ri c: lle.rita�,: C'�iclrr. C'ouutic�z ainn�+ die Clain: lcrlgttt of, chic river should cotlsidc: such action. VYc hive a Consecution :and a Congicss .mwemble to this PcOPle. 'llle p1tsicieut is iporirg lvdi. giv- ing himself die authority Once held by die kin.. This cannot W, Z-APAVd. If you ienom this power €r.►b. } ou arc accepting dic: old-11.'1to dismAll- tling of our Coasdtunenal right to mm and 11.ic private- rrolml.V. -for f uriier information contact the Citizens for Re potuihle ?..v &ig aiu111mci,;wner Rights 111c. Al. (715) 447.I713. Ortvrire their: at: P.O. Kati 16, Alakf n Rork M. 54750. -:- NOV-24-97 U4:14 PM ALASKA.MZNERS.ASSN 9072787997 46 j .� � J r--) P.01 ALASKA MINERS ASSOCIATION, 11TC. 501 W. Northern Lights Siva.. suite 203. Anchorage, Alaska 99503 FAX, (907) 273-7997 Telephone; (907) 276.0347 November 24, 1997 FAX TO: Honorable Mike Navarre Honorable John Williams Honorable Ken Lancastor Honorable John Torgerson Honorable Gary Davis Honorable Mark Hodgins Kenai River Center 260-5992 RE: Designation of Kenai River Under American Heritage Rivers Initiative Dear Sirs, We note with concerr the article on the Kenai River from the November 22, 1997 issue of the Anchoi-age Daill, News and are writing to provide our perspective on the American I leritage Rivers Initiative. We have been following the American Heritage Rivers Initiative ever since President Clinton first announced it during his State of the Union Address. We believe that there is reason to be concerned with the Initiative and feel that it will result in added problems for local decision making rather than improvements. I`federal government agencies become further involved through this Initiative and provide funds, they will also want (demand?) a voice as to E,ow those finds are spent and the local communities and landowners will lose. In July of Il.is year I attended the Western States Coalition (WSC) mea:ing in Spokane, Washington. House Speaker Gail Phillips is Co -Chair of the WSC and she was one of about :t dozen Alaska State Legislators that also attended the meeting. The keynote speaker at the WSC was Ms. Katie McGinty, head of the White I Iouse Council on Environmental Quality (CEQ). Ms. McGinty i lie author and chief advocate of the American Heritage Rivers Initiative. M- cGinty war, also t:.e person responsible for use of the Antiquities Act in Utah to establish the Grand Staircase:-%scalante National Monument and in Montana to block an underground gcld mint: north of Y^liowstone National Park. It is also of signifi„ance that the Sep ember 2�', 1497 ;ssue ofl7�riulle .lfagazMe lists McG:-its as one of "Washi.g eon's Most Dang�: cus Bureaucrats". At the WEC, .his. McGinty spoke in glowing terms of how the Initiative would work tut, as with the Presid-:nt's Exec.itivc Order of September 1 1, 1997 establishing :he Initiative, would not provide spczifics as to the impacts on local communities or private :ando-.4,.ers. One of the many unknowns is apparont from the nuily Ne,cs• article - Who is authorized to nominate a river'? Docs 02 1 I a legally elected body such as a Borough Assembly, State Legislature, :te. have any say in the matter? The only specifics seem to be establishment of an interagency committee made up of 1: Assistant Secretary level officials and Ms. McGinty as tee executive agent for t::e conimilte:c. Enclosed for your information is a copy of our comment letter on the Initiative and an article that appeared in the July 4, 1997 issue of Liherly Mcillers. Regarding the Kenai River in particular, our concern is not a mining issue but rather an issue of added outside government controls over a river that we all enjoy as boaters and fishermen. Given the extreme controversy surrounding the American Heritage Rivers Initiative, and its originator Ms. McGinty, it would seem prudent to make no nomination until some tinie has passed and we see just how this issue will unfold. Sincerely, Steven C. Borell, P.E. Executive Director enclosures cc: Honorable Gail Phillips NOV-24-97 04:15 PM ALASKA.MINERS.ASSN 90727a7997 P.03 r ALASRA MINERS ASSOCIATIOY1 I1�TC, 501 W. Northern Lighta ONO., Suite 203, Anctlorage. Alaska 99503 FAX. (90) 215-7997 7614pnzne• ;907) 276.0347 June 6, 1997 Executive Office of the President Council on Environmental Quality Old Executive Office Building, Room 360 Washington, DC 20501 -_ RE: American Heritage Rivers Initiative Dear Sirs, Thank }'au for the opportunity to comment on the American Heritage Rivers Initiative. The Alaska Miners ,Association and many of our more than 1000 members have personal experience with federal river management schemes and we are therefore eminently qualified to provide comment on this initiative. First, we wish to go on record formally requesting that the comment period be extended for another 90 days. We just learned about the Initiative and have not had time to thoroughly evaluate all of the ramifications of it. Funhcrtnore, many of our mcmbcrs are out in the field during the short Alaska summer and will not be able to review and evalL1Zte this material. We sec no reason or urgency to rush this comment period and fleel it should be ca-tended. This Initiative will have tremendous far-reaching, and %�e be'.ieve negative, impacts on our country and more time is needed for the public to provide its comments, Second, we wish to ask that field hearings be }.cid in each state wltc, c a is to be designated as part or dais Initiative. We wish to go on record as opposed to the American Heritage Rivers Initiative (Initiative). The following comments address sott,e of the problem; found with the Initiative. No Justification: No justification of need has been given for this now government program. The notice does not explain why this Initiative is needed or wily the current system of federal land management agencies and local communities needs to be replaced with thus new program. Insufficicr.; Detail: The notice talks in general terms about niany "_oft" t,;uics without Jescribing in detail ��hat will be done and how it will be done. The public has not bc--:l UIven sufficient detail to effectively evaluate the Initiative and its impacts. ` ticLfor C—i1nent.not Stltf'cient The distribution ol'the notice for =—. rent and the time allowed to review and comment has not boon suiiicicnt. Public hearings, r.it merely tlic• M -- - - - - . . . . . , - - - -.-r.. 11 7b r.. I r`jy r P.e4 i interagency team seeking ideas front communities and interested parties, are needed to communicate what is being proposed, how it will work, and the iiitpacts (negative as well as perceivec positive) should be held in each state where a river inay at some time oe designated. Not Authorized by Congress: This new program has not been authorized by the Congress. Establishment of a new land management sc5cme such as this requires Congressional approval. The process defined in the notice to "... integrate (lie environmental, historic and economic programs..." is precisely what each land management agency is responsible for in its respective areas of jurisdiction. Congress has given such authorization for the federal land management agencies, but Congress has not given any such authorization to any agency for non-federal lands and non-federal waters. EPA has been designated as the lead agency for the initiative but EPA does not have I Ind management authority. EPA has long sought to expand its reach into land management, but the Congress has not yet given it such authority. The Initiative will add yet another government layer to the nianagemcnt of lands and waters in this country. This is certain to complicate the existing land management programs and responsibilities. It will result in added conflict and confusion to the extrc;mcly cumbersome land management systems that already exist. Issuesarc-Local Zoning Matters: The purpose quoted above describes land management functions. As envisioned by the notice, the issues arc local zoning issues and must be Ieft to Elie local communities without intrusion by the federal goverianent. States _Qw—n-the Navigable Waters: No reference is given to the fact chat navigable waters are owned by the states. This would include mos: rivers in the country. Federal management of such waters is strictly limited and the rights of the states must not be infringed_ This Initiative is clearly an infringement. Terms ofntin: The fact that designation will "generally be considered permanent" means that once a designation occurs, a state or community would not be able to change the designation. This is a serious flaw. We feel that once states and communities sec the problems of this Initiative they will want no part of it and should be allowed to withdraw if they so choose. Costs for Initiative: This is a new program and will require significant funding to implement and manage. We question the wisdom of beginning such a ;grogram whet; there are so many other items and issues that are already authorized by the Congress that cannot be fully funded. To add a new program requiring new funds is therefore riot appropriate. The notice asks that specific comment be provided on usefulness, design, and support: Usdu!ncss - We do not see any usefulness in tho Initiative being proposed_ Conversely, we feel that this new land management seliernc will adversely impact communities. There may be limited NOV-24-97 04:16 PM ALASKA.MINERS.ASSN 9072787997 P.05 benefits for some areas but the negative impacts to uplanc farming, business do . cloprncnt, pest and commercial transportation, industrial activities, etc. will be greater and out- ic.'gh any potential benefits. D ira - The initiative is designed in a way that will insure conflict between the federal government and the states and local communities, and between federal government and private citizens. This is especially true for private land owners that will be affected by Elie Initiative. It is also true far farriers and other upland owners and users of lands adjacent or near the selected rivers. The Initiative is also designed in a way that federal goverment amencies will control tite funds and thereby assist those members of local communities that agree with the federal government agenda and direction. This use of federal funds to affect local zoning issues is not appropriate and should not be allowed. Support for Communities - As noted under usefulness and design, communities will ultimately be negatively impacted by tite Initiative. They will be negatively impacted by outside influence and money that is focused on an agenda, or at a minimum a "framework" or concept that is established by the federal government. Management and zoning of local conitics should not be influenced in this way but rather all decisions, nnanage:nent, and zoning s::ottld be retained by tic communities. Thank you for the opponunity to comment on this issue. We urge that the Initiative be dropped and that management of federal lands be left to the federal land managers and that management of state and local lands be left to the local communities, without additional federal govenintertt intrusion. Sincerely, Steven C. Borell, P.E. 'Cxecutive Director cc: Senator Ted Stevens Senator Frank Murkowski Congressman Don Young Governor Tony Knowles State Senate President Mike Miller Speaker of the State House Gail Phillips CURRENT EVENTS Clinton's River Scam t- AMERICANS AREN'T COOLS, MR. PRPSIDENT By Glenna Hodge On ?via)- 19, tilt White Housc Council on Environmental Quality (CEQ publ6lied an innocent -looking notice in tltc Federal Reguter It w"as like a hirrh announcement in a wa), heralding Elie arrival of the President', new baby, the American Heritage Rivers Initiative. 7111c rust public glimpse of this, his latest land-gr b schcme, came during ncc State of tlac Union address when the ^icsidcnt unveiled his plan to dcsiguatc 10 American Heritage Rivers in 1997. The dc•sibnationc, he said, would "help communities alongside them revitalize their waterfronts and clean up Pollution, Proving once again that we can grow the economy as we protect the environn.enr." Americans weren't fuolcd. It was deja vu. Last )-car. wirll the stroke of has pen, ncc PrOidcnt h.td simply Taken ULah'ti Crand Staircasc-P.scallnte as a National Monument. Ncirlher the majority uFelccred officials nor the people .vltosc assets were instantly r o?.cn liad any idvancc warning of ncW 5c1z11rc. W'lu, Would have seen it coming? 71r [)resident of the United SUM does nor ju,E fly in and rake people's property. WC11, OK, now we l:noK this President dues, but then he does a lot of things that would make our forefathers shudder. Earlier, Congress tried cu past the National Heritage Areas Act, which was abandoned when it became clear char Passage would have to be over the furious objection of the American people. nerc it was, though, in black -and white, nce Ardent! Register notice. Unfazed by the will of rllc people, the President was back again. This time. though, he wuuld leave Congress out and bypass the democratic process. Instead, he would use the Grand Staircase-Escalance National Monument mcthnd and ,imply sciu vast amounts of American soil and water by presidential proclamation. That was the flan, ac least, until May 28. That was tlic day Liberty Matters faxed an Alert that sparked a firestorm of indignation and created an incredible backlash against the President, his CEQ office and the Federal agencies involved in the American Heritage Rivers Initiative. White IIouse telephone operators were swamped with more incoming calls than the system could handle. The grassroots' response generated sucii a torrent of protest that Katy McGinty, chairman of the CEQ, said in a press release that she was "bcwiidcrcd and perpicxed" by edit amount of opposition ro their pl,ull. The callers sintpiy warl(cd to kn()%v will- woui,.i keep this presidential initiative from having the wane chilling cffccr on commerce, industry and private propert) rights as the U,ah iniriative. The CI:Q had allo%vcd a scant 21 days for chc public to comment on the F-ederal Register notice. Worse still, Memorial Day fell wiciliu chc already coo -short comment period. Congressmen were it their hotne districts ccleDrating frccdnnl anti honoring Americans who ha.i fought and died defending is for the rest of us. I.iccle klid they know that the President had chosen this moment to launch a scheme that, if emceed, would rob Atncricasu of that hard- won liberty by contiolling every inch uF Atneriean soil from the White d Iuusc. Beeac:-se they respund,:d to the Alert by the hundreds of thousands, the American peopic did their pa-( for liberty. They complained loudly rhat there wxc too litlir infom:arion and that the White Huusc had allowed coo little time for meaningful comments. The CEQ, even under the crushing weight of public scnuriny' had been w-iltinb only to say what 1110 luidatiVe would not do. It would not involve new fedcr:i regulations, they said, and it would nor involve the appropriation of new fedcr.. dollars. Things just didn't add up. A federal program without regulations rhaE would:.'c cost the ra.%payers more money? Do you think we're fools, Mr. President The �X'1-ite Hause said that the American i-icric.ae Rivets Initiative srcmmc-d Frum Vice-L-csidcnr Al Gore's National Performance Review, the administraciun:s plan to re- invent bovcrnnient. Federal agencies weren't communicating among themselves very well and because of their poor comnuunicariens, they were not dclivcr:ng services (Fcdcrul funds) as fast as the President and Vicc President would like. 7 is Iniriativc would suive the problem, they said. Sotnchuw, a new- federal desigr._rcon would cause rho agencies to comet nieare. Somcl-ow, the presidential desigt _:sore of a river and ire watershed Wouid cusc agencies to redirect r.►.cp:avcr doila..:::at are languishing in their co�ifcrs and to refocus their efforts uowaru the suppoc: _r the first 10 river comn:u sines 4 LIBERTY MATTERS '7K11JLl 1 19'('7 NOV-24-97 04:17 PM ALASKA.MINERS.ASSN 90727S7997 P.07 0- because they would now be uildQr fc;:,�rai cotttrai. (he adminisrrarion wanted to create another layer of federal bureaucracy, take control of vast amount of American soil and water, it'd paste a patriotic labci across the front (if this pork haml in the hope that Qvral agencies would improve their performance. No problem. States should be happy to give up their rivers and the people their privare property rights in order to inspire federal emplo} ecs to do their jobs, right? Even if the people didti t buy the line about improving the delivery of services, they certainly eould►i t be opposed to sating our rivers. The President had under. estimated tilt: intcLigC1lcc of the; American peop1, once again.1lwy recognized that this was rho same dance, jusr a diffcrcnt partner. They hadn't bought the National s-lcritagc Areas Act land-u.sc Clue, though, and to the; disutay of rho White lIousc, the President's nc,,s- seltenle wasn'r se ling etcher. Maybe it was the fact that Clinton Atas bypassing Cungn;ss and the democratic process that didn't sit well. Or maybe it was the part about the designations being perpetual. The informarion wasskcrchy, but tjlcAuncrican people knew somerhirtg was very wrong. The growing controversy prompted legislation by Congressman Helen Chenowcth (R 1dallu) who delivered two ilnp:usiuned specC3tcs from the Housc floor. S1149 cited the need Fur Cungress to question rite purpose of cltr American Heritage Rivers Initiative. Since the desir,n.uiuns would by made by presidential proclamation, Congress would trot be given a chance to debate u.c Initiative unicss it rook cann•ul or the issue. Sl►e reminded the members d1.0 "this Congress is about less eavernment, self.dcrerminarion and JUm. Ir'S about Starej rights. property. . ght.S, and Lhe rVIL of dw pcopJc to be fret of federal -:ntang1c tenrs." The American I Ieritagc Rivets Initiative, she .laid, did milt fit (ha. bill. C:heviuweth, along With eleveti uch-cr Congressmen, then inrrojuced F1111842 which would prohibit the C',incon Administration From spcndi::g Federal funds for the A.acrican I lcritagc Rivers Initiative. Congressman Dun Yuunb. (R-Al uka), Chairman of the House Committee on Resources, and four oclicr committee chairmen also took a stand. They delivered a letter cc tltc CEQ pointing our char because the Initiative was a major federal action, it violated the National Environmental Policy Act of 1969. Furthermore, its short comment period violated the Administrative Procedures Act. Thcy requested chat the CEQ extend the public comment period and deliver a detailed briciing to that Committee no L•ttcr than June 27. Two days larer, in a surprising show of bipartisan concern, 30 members of Congress signed a letter to the CE• Q requesting an extension of the comment period, citing potentially detrimental implications to property rights in chc initiative. They cuo complained char the initial comment period was too short to allow numbers to prepare meaningful comments. Because !.berry still utatters to millions of Americans who refried to Icc the Prvsicicnr take is without a tight, politicians who are sworn ru uphold and defctld our Ccns;::ur,on joined in the .:hortls or eriricism, Firt.tfly, dlc President's SIX announced they would Grant a 60-day rcpri,--%,c. Thcy rQ-i,sued their proposal in the lydrr�tl R�S�istrr Ott June 20 and the new dead!inc For public comment is Aumic 20. In usual form, CLQ assured Critics that they had taken care of property rights concerns with their now rules which arc "intended to clarify issues mised over the last month." But, on closer inspecrimi, nu mcnt1011 of. nor any specific protections for property- rights were included. IMore pressure must now be applied to stop this Initiative within the new 60-•day window, gran ExccativcOrderwill Fulluw. The American I Icritabe Rivers I'litiatitC will be confirmed and river communities will be asked it) suhmir their pet"Jum for designation by j:ttl mqa Although this prograul is not .lead, it his been ,rallvd because the Ameri_an people spoke up. Thcy demanded to know who would stop cite President from putting rivers and communities raider federal control. They demandcd to know what problem the Amcr,lan I Iciitage 111ver.\ Initiative would solve that could not lie solves without a federal dcsignadoo. Thvy deM ::.dell to Lnow what need would be MCI i v the initiative that could not be mer now iFfedrral agencies had nionvy to give away, they wanted to kauw what w:as preventing them from doing their joy tha: a feral dcsignaciun would curt, -fuzz of all, cheAtnerican peopledettlanded to kjlo.v what would make any presid.nr',11 miciz,ive worth t!ie cnsuitl6 loss c- freecam. Thank you. America, for asking. Keep -skinb, fur they tau not Ilow and nett" will `.eve a good enough answer. Gleam., Hodge is a f rrLnrce u,rirrr uu Property rights issues acid is a legisbrtiur tWitt.:nt to Stare Represevitau'vr Ruh Turner ill Tr_..ru. L113ERTY MATTERS 5 NOU-21-1997 15:54 KENRI RIUER SPORTFISH P.01 UNIMMMOOVEROIAMN November 20,1997 Dear Friend of the Kasai River L=night; the Kenai River Special Managtanem Area board voted to take on the responsibility of Putting tognber a nomimsion for the Kenai River to be named one of our country's first t m National Heritage Rivers. The objective of the National Heritagt Rivas Initiative is to help communities with projects that pertain to we development or nritalizatmn naawral resource and environmental protection, and historic and cultural preurtration." To fully fowl federal rtsotrrces, each rives selected vein receive the help of a River Navigator, a person who will help us expbortt opportunities for assistance finer the federal government Commumtia along A,mu=n Haitage Rivers will receive improved access to technical and financial assistance from fedeW apmes. We sae the opportunity to fows efforts oo prvjmu 1&0 warn quality monitoring. researching options for the Soidoma Sewer Treatment plant, and a brad based community carnation effect. We will be drawing on public rseo®mendstioas in theprehensive plea and root ideas we enclosed a copy of the ttorainatioo pacim for your review. You will now that the pacltet must be in Washington, D.C. by I)eesmber 10. 1�j Fit st. we would liI.e your ideas for ptv %Wzeamvh along the rira that you believe would receive widespread community support please and us your top sit ideas. We must have them in hand at the ` �� m. on Wednasd:y, November 26•, is time to cite them for a public L 0 � Kenai River Ceara by 2 p `} meeting at the borough building riot evening at 5:00 p.m. Faxes will be accepted sad can be seat to (907) 260-SM If sorneone tiom your Swop could aaeod the meeting to present your ideas, we encourage someone to do so. the steer committee will put together a pica of action and return it to �► t7n:e public comment u gathered, m8 ingested parties for review and comment and an additional public sleeting. we will also be soliciting letters of support from groups and individuals and ask for you support in that effort sincerely, Tt I weuman, Chair SF%"' RRSMA Subcommittee on the AMivets Project tta� Kane AM& Offk'% SM W � ney Ravenhwia WNW'. A&M& OMrW Of A *A Sea OLA@M A MOM% O&OW"WA Of wv...cl-l�:;r -�D w RGVH1 K1vtm truxlf-15H P.02 To KRSMA subcommittee vn the American Heritage Rivers Project. Fax 260-5992 IDEAS FOR KENAI RIVER RESEARCH OR PROJECTS THAT WILL HELP KEEP OUR COMMUNITIES VITAL AND OUR RIVER AND ITS RESOURCES HEALTHY. Description of Research or Projea: Tell us tow the project would address one of all of the three Amaican Heritage Riven objectives economic revitalisation/developmad natural resource and eavitottmentsl pmtectiM and historic and cultural preservation. We wilt have to find justification for the proposals in the m=wly adopted JCRSMA Plan - Name of grouplindividual anbmitting proposaL• Contact Person: Name: Address: Phony. Fax: E-MM4 NOU-21-1997 15:55 KENAI RIUER SPORTFISH P.03 ;k "Today we are jwq to rededic= Our co uttry to restoring our mvr heritage, and to reefliar one of ow oldest values, die anportancc of xtfe=ttarding our nadonai arcs wes for all pnera- tsons to cam." -Presideru Clinw#L Attnodkong the lMPlemmman of rite Afflem= Hering users JntdaaW Throughout onr nation, rivets and streams flow over more than three mdLon mules: like threads. they at commsunlues together and play an integral pact in our geography. But the picture has not always been perieec Over the Imem some of our greatest Aterican cities faced aeetous challenges--tr'altionai manufaetn wq job moved elsewhere. local companies were sold of laid off woekeer. pnlluced mores ground chcough these cittes. and abandoned fm--- tories lined thou banks. la etual areas. valsrabie farmland Was converted to atone intensive user, Yount then and women lefr their hwaetowns behind in search of jobs; cultural treasures suffered neglect: and river banks Often served.as duatping grounds. Yet. to seaYral places. gating cirtens came together and designed lone term goals and inttxactve soiutiow to clean, up then rivers. rejuvenate the areas the surrounded them, and stimulate economic growth. The partnerships they formed are hailed as models of how an attire public. local bwsm aces. and government ageencies can make dramatic umpcostmetus. 7'he American Heritage Rivers initiative is founded uFoa the belief that people and nature c2ft rcist in productive harmony. It embodies the %-Won of the National Enrirenmental Policy Act of 1969 to meet the social send economic needs of Amencans, toifay and in the future Consider yOUI community. With tetotuees from state, tribal. W local governments and the communir�. Amenean hintage Rivers could -heir you achieve 3=6 like these'. A rural community's -oal could be to support; the local ranching economy and attract faea,ir-JrieaceJ tourism M• Fro. Qing an uverniVhr Jrstartatwa for perarie en route; to rttarby national packs. With help from Amaccan Herrrare Rivers. the community can enhamc drinking water for domestic and liveneoek use; construct a eicettront park wins rehseie aces. picnic 3re2. ;amp - ground. and rijt ruund fucilati in a grecrtway between the river and a highway parallelin q the ri.er; giant native spectra of use+ to provide rovecimnc shade anal enhance fish habitats; rehabilitate an old livery and feedsta;re for use ai a cJmmiuritty antuttim: and assist with the conversion of an old hacienda into W.h inj. stables. aM meeting r4aaw_ .fin urban carnmunity's , rai could lY to pcovuk joh, attest: commercial tnterpnSes. and enhance the local tax base. Amenean Heeita_^e Rtrerr faulitates the communitrs of am to design an urban civetfrvnc rL=. aets.=+ace an al�=JuneJ Morehouse into a rettsuatnt and micsvbtrwery; imrrver flood protection for low-lying ,.ommereial areas: c uucruct a hcrcle and pedt--trtin (resat ales; a rive -nestle Kmcnw-.%y chic hniu the duwntotvn with an Juthang councv park. and ciuranutcr parlta>t is the park; install tenches. new lighting, and other street imrtovcmcnis in the riverfront comatc-cyst enterrrise ateA. and Mharilitace the cummcrcial pr."rties through tax credits and low -interest Wens. "Our waterwaVs connect out cities together ... m•eu are rux only the arteries of commerce. they tarty the lifeblax: Jf the Amerccan storv,T." ' -%itv Preodew Gore In. his 1997 State of the Union AJdrem. Ptssi%knc Clinton announced the Atnerwart Heritage Rivers initiative to IwIp communities rtr imIL-e true rivers and the bats(:;: along than--che streKi the htawnc KaWaP. the natural haFi- tam the parka --co help ceitebace thew history and their henta;e. In eativ 1996, the Ptsadent -ill select ten American Heritage River-, Acwrdinx tv the needs they tdttunt%. comawmties al<mK these river, wul recwve srcaal -i-spo .anise. Aaerican Heritabe Rivets is an omn -ril.t inittato r dcswrioi cu more efrectiveb, use the &Jvral Kuvernment's ►many rcwwr.e.• E'.• ir, r+nirncoL ec. ru+R1a... ar1.i s xiat euncenu will be aJJrir&A thruiA--h .t rlun that u Jeaitintd luny 1n.rn t!V the Lxai c.uamunsty. The initiative c:tares nt, nc%v rrvu6(ry m4uirements tar rrivate rmrern' UWnrh. or heir state. era-nj. Vr l.c.%l ,h+�'trn:A�ne. a-atiiar ition an the n.,nttnctti.ni rrnaeev o v%4Unt.1rt:omnnanir: %:-m JQaJC to �tilJr:u� ,It any time. NOU-21-1997 15t` KENAI RIUER SPORTFISH P.64 There ut d t t objecttl e, of Artieruan I-teriuge Rivers: economic cevttali.atlun» natur=i resource and environmental pratec,tiun. and historic and euiturai pnesenvuon Once a comalulun is chosen. a single contact, called a 'River \avipwr.' rill tie available t0 help citi:tm facilitate federal asitstance to emnVierttem exis:uu project resloun=. helpittz them achiever the goaiil at their-elt-Jesigned plan. In ad.licion co Ftuvtding the River avigator. federal agencies w•id make ttisting field stiff avatL�k to each American Hecitaire River to help match community needs with available rraaurcts foam current ptoltrams. For enatgle, the Rivet \av,v;ltor aouid A,,tk %rich the cummuntev to a Wma pollution pruHetTu. acrlet l,KA entreFreneuts and small businesses. irnrcove el,od pocecrion. rn,fect a:rtcultural land. and water- shcJ.-. rebuilJ historic J,NL-,.inJ huiidings. twee a eroded scream h.init,. and <tvk .tuc economic ,,rEr,etunuas. Cornmwuc,l:3, Aonv Amer wan Henta,je Rivers Will reCetve unra„'eJ n1 cerhel,:a1 anJ financial assistance (rota fsderai .,t:eaciC,. The-c a tn4;le• will « , •rk w ith eommuntcr tlletai:ees arki act as %;xiJ netehh`r-" -- makln, the cornmunirl L%,ut of iedtma aCt:Vltf ,n Ih%.1ha .ln,l ,rn .RJ tt`:,implerrlent these activities with ;vmenuatty xvclb. Thor 1ARMII,•Ir, mooed on t ice Fresvitnc Core : etc ,rt` :,, reinvent :an crnm% nc..liriects kderai ,agencies to do mote with Im. to set%it the c.:.:rns anJ cur red care. Ir is n,-c an .uc.:mrc to clke o rt ru„ auth.mcm- anJ respoeuibilicies. and River Mxvivuito r., will rl it m. iK,: ,1•111. Tr.t,;k,mr J,.m-n rt:Coln infuttrluwn old envi:L.e earl K: coillrl:czre\l an,t tan c:orutumllti .Arnarcan Race Satim cwcdinam viii srreumlintt: intormati,n : those rrogrlms !cicvI t to ltte on Juc country's rivers. NOW..Nterrl Ur niti,tlt•::COM- vt rlhtnC CL116. ,',,u can %-Mt Arcieritarl EferiM Ricer? Sent". in r.� •ar•t„< A „rja \'(',.k Vq' - •u< i ho-4 Who do not have lntertsrt accts:ari .a.:w rejue-r iniormi-or. Winos to Arnrric m Werrrage Rr1•m Semis =% _r,,,14e rr ,m _ite_,orte::uch is • Information Center•. Pul-It"i i,m-.:•:a, %mi L`:ttal•,ss<` •Calendars. Dixw,atn Group, ami C.tnLwcs •Hands On k-surancc an.lTalent B--L:s •Laws if Reg1.114itions • Financial Assi3twire •Cummunicc Ch,trcach TIn-6. Curn:._ia. anJ Tmntnr • Data Collection c ..i Eriluanon Tc%`hnl Aue• • planning anJ Slarwimcnent Tool, • Rtw=h any! h., d,,rtner,t E.ah .non• ,le,:rt -rs the services and prtt, tJe` :,,ttt fir: t..r fur—Cr IWOr ttdtn.n. tnau.:,a'� Int:rrict lin►.- Owhv% r„—tKeJ. l•-eft_ 6lntittt rrtlmrts. iueh a, a fivtr of Cie• r,1111, u-,'tp �,,rt :,ti.,Ct tnl�,frtt.,ra•R •,n A. •• •,i C% Znt-. r`(t. 6(1-11 �ilallyk. ro, J nteuYNKA. the 1:0nJIMM .d the :,.,tail f:-,n.!_:`. at't.l rile }'.1ttf•�r`111r- ,ifc l,�':.tt ,,.Kw u, rb,_,r aha. Tries can mike Qlrsta,ntl:ml mar- mld J.-will,•,,u C-Cal. htui ntnt. •r,1l.m. •11 . •.: f.l� ..,,lt ,�:u:.t . :, •Il '...-.1..L` .'w� tLi:. .. :'^ ��,A,r:^::': ... ..,:�� .., ... _.. er. �1,� NOU-21-1997 15:56 KENAI RIVER SPORTFISH P . 05 In racoantti6a of die substantial effort undemken by those communities who complete and sul=t the American Heritage Rivets nomination park. cc. qualified applicants unil rccei+rc: • Ate invitation to a national or regional symposium on patMecing and shanin&.aiotmac= about the =6 acne resoul=cs available front federal. state. and Itxzi agencies. ton- fov mmental and ocher cotnamnity otaa• nimctonfs. These sympow W,II also provide community members art oprurcunrty cc give imMcart feedback to federal program managers. • Rele••anz site -specific data and computer software. ttuluding emiton- euencai information. maps. coatmunuy plaWitrig software aryd economic modeling cools. T6 information quiet will be taiiomi to meet the commun►tyrs needs as identified in its application. I Arrlicacwns wt11 be judged bf a dwetse group ui cNre:t=• A t%:- tndn•wwwil n►•rn-nac om. the folluw.nS coniukratwns will, be taken incv aecaunc 1 v r inel tot% -hen awk-- : the:( %.:"Mrnen- datw+u to the President: •The ten CnWL individually and as a gmr. reprc=enc rile ns:;,rai. hucoric.:u :urai. utJ cconumtc diversity of American a.aeerwa"s. • The ten destr;nated riven %�*wcase a vonety .+in.i an u.,orrment. or anvil n:r.d. an: mixed settings front around the country. The r.tcri mzv rrcommcaJ Fot4 ;el,tC•• c' . Er:-- nrne aid degrsded rovers. • The nt•ers hsg61WU a +rartaty of inno"at've pn)eram, •uch as hinor:t 1c•.cl- ormew. wildlife mr u-witienc, fisheries catorauon. re-•itatC.ltltan. -Nrt- cultural ptaerices. public heaith and drinking %awr -. ur;e , .vicecttam. tins rl ,J pUtin an,i .-atem6cd management. •The n.•ers ineiude community paetaershtp in an et:i ,rts tit Jta•clt+(+retent ter to;ell .15 Chairs that ace m6re welt establAcd• •Thc Anvers grand to bertrfic from requested federai v.-tr-ince NOV-21-1997'' 15:57 KENAI RIVER SPORTFISH yam, P.06 w The nomination process begins wait the local community. People repeesentusg et -, ,ne:n-c 1%h1t litY any! ,.,al; in the are.3 Nins nominated should be part of the process. Apes meetim to share idwmation, idenc,iv :,anna.n _•tun t v their rittr. anJ det•ist strategies to achieve those goals• they should ask one of their members to submit., ,,.•Inds 1(1.N, On their I.chalf. The noautudon packet moue include a completed American Heritage Rivers C111•rr in-crc) ,in.i w.pinscs zo ttcm. 1 to 4. listed below. Resptmus to items 3 and 4 c=time the ptunacy basis for evalumin_ noltILn•,C1441• F,,r iri lrc arty ih:s a,n i�rmac art s methods to submit a nomination. please refer to the cover sheet found on ut rr L Describe the psopoxd Amcncaa Heritage River area. Odme the paopond area and describe its na:ual qualittes and current 60er40r rs.1M7!c- %:;• •n. mK ,t:Zt% iced=. rk-iLition rac- tertu and topography. The sin may vary from a short stretch to the whole lenl:th , i (:,; river !t tact :,,, cc LtnJ uttmeJiateic W01cent to On civet. such as the war t&oat and streamside areas. or span tht enr:rc n.iccr-ht.i Tt,c :;vim ,tr the sneer. hoNe• cr. should be sriliicienc to achieve the community's goals. = 2. Describe efts ootable resource yvalitin in the area. Eeplatn ho,Y the naaucal. economic Gaeluding sgrieultural), scenic. historic. cultur.l. uuYor recreational et.;.-urce: atV.li-tin:- s:- tive cc urfm "I - i 3. Dexribe tb, community's plan of action. Demonstramm that the community has to hand. or i3 developing, a c193AY definer',: 1-i ir...•t wtwn tt- .whieve it:? %t•ta: n t;tr the river ate4. Applicants are expected to address all three American HtCLCZ t liic•erS dalt-attin. r4rurai rei-ourct sad en%ievnmeatal protection. and histricie and cultural preservation --either cltr..t::�1 �i,ru,:.l .1;twn- .ere r t t av:: ra�I,:hn►enCs. Any actions planned on the designated river area should not adversely impact newhburing communities. The community may describe built kin - term plans '3nd short -team actions. It should also describe how private property n0s will be copecteci. At a mininwaL the plan of action shoulJ address: K;ummvnnty vision • products and projects. nnclulnx project maintenance • Resour3es. both cumrcutted anti anticipated. including means of eerier. umg a�kjitivrtal support frum both rrivate and public sources • EVecv_d federal role •&-betide art aaieline •Cinxn involvement • PuFlic education • Lv;tsrsai surpaec, operatint, procedures and pvlictts • Prwt accuMiuhmeno. it rtle ant, and relaciunship to extscing Fl-ans imi ; r.1::-• rho .Inca •Cirallrnga to communtev active • Meast 's of peeforrr=xt 4. Illustrate �ho supports the nomination and visa of action. Detnvrtistriie that a range of eiti_ m and utgani:arwns supVtt the nomination •r art::,,,rt. Pr.-, ,,ic c, air..:.- ch,u all n membccs 4the community have had an oppuccuany to comment on and.li<L:r- -. .:ur...r.• n an.l flan • r ►. n. Supporters should retlect The diveniry of the community. As appropriate. th:, •.I.: :tier{: i irtuve-, r-m.hc-:.'. Indo-ner-. businass:'art i industries, cducatiunal and arts organcations. youth group<. a btu;:::::. . ,al.r•. ,l, er:!. ��r- .tn.::, : �tttunu:.lct'sl• vpaienc a! ni:attons, hatonczl %xiettes, envu=mcnml gmuFs aril vttirr w •nt lo:c,;! .trig::, . inJ tt.ue. tribal.:Milacal governmeeta. These who rely on the resources but Inc vur`aJt r -it• ui,, .u,. �lsau,l..'. 11 ill-:U:-a•ri. about thirplan cc action. but may not submit a nomination. 9, Deicnt-e the nature and scope of the suppvccets roles. Demmuencc rhlt tiles �11 .t::Cr@.l 'uh•.11;';. I1• A7 dCKTibe how Past and t:untlnUlltg partnershtpa art ;t_Tetntctlh a , . ,..:::.,rl. n ;`r..4 •.•i..: ':::cant. destrihe porenershirs err agrtemcncs chat were forged and ioauiutmena (h.1r tit' , - rt Cltc Ain:Clt:.ln Henrage�ivcLs nomination prv�sai 1-ettm , Ami,tr,ement and wpivrt are nixhlv morrimendeJ. c:pPv- l,1llr Cl,: .•nikl ,k • IJ •y:-r••t•r. •t.trc. an.i 10%;.11 wn-crntnena Letter, Proin tv.lrrat ivencles %vill rn)C 1-c a%x%-rr. ' h NOV-21-1997 15:57 KENAI RIVER SPORTFISH P.07 ... Expiration Dace: 3/3IN, ( e 1 To be considered, nomination paekeo rausc be received by 7s00 p.m, Eastern Standatd Tine on December 10, 1997. Mail your completed nomination packet to: American Heritage Rivers Executive Office of the Presiders Old Executive Office Buikiiiag, Room 360 Washitteton. DC 20502 t Or fax to: (20Z) 456-6546 Or e•taad to: Sec inst ucdarls on American Heritage Rivers areb sine tar hc=ffwww.eoa.eovlrivea i. Name of Proposed American Heritage Rive: 2. Nomiaat Orpnization(s): 3. Pr M&" Pow of Contra: Tut= Otprantiom Street Address: Ckv: State: ZIP: Phone: Work: Home: FAX 4. Certification and S'tagnture of Primary Pont of Contact: To the bc-st of my knowledge, the reformation coruaitud in this nomination packet s acctaate. 9 Name of Contact (print): Title (print): Stgeaturr and Date: limit norninnons to 15 pages of 10-point uxt clllatper, thing ant -inch margins, ueluding (��eftm Od shat>tdt alsthe o noW ffeel�lBoGlfS of endorsement should induce names. addresses. and phone numpere of the suoperters support to be given to the Amarian NedUge River plan of action by the individusl at erganhwu an earitin9 the fetset: Letters of endorsement must be included in VW nomination packet tamers of endorsement seat separately >rvtB not be conaisened. Out u conWaents oa the renew and selection process. additional materials, such as Vltava, pnotogrspbs and plans, lend not be accepted: however, photographs mtey 00 embedded u► the text if the total langth does not eeeed 15 pagaa- Facs+mnle iFAQ Of norr�tnatioa packets will be accepted. fax to (21121, 456-U"- Nomination packets may Ce submitted electronically. Set inswctions on rho American Heriuge XV*rs web site at httyJMwr+epa•>lorlrivers. If faxing or sending elactronically. please also complete and mail the cover sheet along with any iet+era of endorsement The nominsaon packet must be receivsa Oy 7,Oo p.m. Esvxm Standard Time on December 10. ISS7 r InGwru[►+n +Mt�+a! re tF�e r►a�.n an+• �wYet .ail �t ...J to .ira•e+ w d,rtnl.t. lore ArmrcM akrwt\e at•.n.jw r"t.w aK a trWrd to race'" f'V-KM Ferrtw. kt•teoes it.we env Gwal . n tnmw.trncM.d ll.,i.... Errrrti.nJ n•nkn Yes ree=.r,rrr rl+� nerk�t.rt �. 1: irYr► 1T I��.MIR. if 0%)r R7K N1RMt1.'110 tat i�ltl• &Mmjsn nwavet. oxruo AaEea► �t�e a tuMYt .r�l Ilrw err � ti.0 ...ro.l.- •. •. E..r\.m�. �rtw.• , r rla ('n•NICM. \Xr t+RIN.�! � JKM iiuY,YK R..•w >fl�'. 1t/..t�n\Rrrt 0_C• :�.t� In6reri�r..n weal M tar► �� {.� ..�n.r rear n.r �..nr.tir ..r .n.nr.K .nJ . �.et ., n.r r\�r.wJ .. nr •v �... wlj\it►.+.i Nl6�tr\w.•� .,try.• ,r .nyI..n • �M .rl.i otta c�to.. rrta�.t Agnwtt%;An Hc6uixr River- E%c-utl%,* Offi—Ji the Pmi&nt 01i E%e.:utive 0(4i%:e Bui"ar, ROOM 3N --;14H i m I VthC 5: 'Lk< I r- i 5h P. 08 UL DUSDA arm TOTAL F.08 RECZ-P DON YOUNG CONGREssmAN FoR ALL ALAsKA WASHINGTON OFFICE — 2331 RAYBURN BULDINO LEPHONE 2021225.5765 COMMITTEES: CHAIRMAN COMMITTEE ON RESOURCES COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE CITY ADMAN. (fnngress of p niie� ttt#rs R"fiE of Exprrsrntaffuts 11tts4tnown. DISTRICT OFFICES: 222 WEST hw AvENUE. f4 AmcwoRAsE, ALASNA 99513-7595 Tn.ErwowE 907PM-5979 Box 10.101 12m AVENUE FAIRBANNS. ALASNA 99701.6275 TnErNome 9071456-0210 401 FEDERAL BUILINNO P.O. Box 21247 JuNuu. ALAau 99902.1647 Tutpmow 9071536-7400 109 NAM SrnaT KETCNNAN. ALASKA 99901.6489 TELEPHONE 9071225-6980 130 TR=we BAT RoAo Sort 350 KEwu, ALAsrA 99611-7716 9071253-5606 MAT -Su 651 EASE WEsndNT ORIVE NW, WAuLLA. ALAsNA M54 TELomoNE 9071376-7665 > ---------- >From: Rishel, John >Sent: Tuesday, November 18, 1997 2:13 PM >To: Padgett, Chad >Subject: RE: Am. Heritage Rivers Initiative . 1 > I've been out of the off_ce for most of the day, but will attempt a quick >resnonse. There are three problems with this program: > 1. It is a way of involving the federal government in what are essentially >state and local land use decisions. Those who believe in a li.:.ited federal --role do not see it as a legitimate federal function. 2. The federal government will be able to use the promise of federal money .>to "orchestrate" land use policy for the watershed of the designated river -- >no '_and use policy, no federal money. > 3. Many people (particularly property owners) are conce=ed that this is >only the first step that will eventually be followed by a bigger, more >stringent, federal regulator, presence in these watersheds -- it has been >done before. > Think about it. The admi nistration says that this program will utilize >existing funds and there is no new money involved in this proc__am. Even >thouc:h i.. is unclear how t e prev-ram will work, the funds are already >available through communities thrcugh existing programs. -sn'- the >administration really proposing to bypass Congress and provide funds on a >preferred basis to those cccmnunities willing to implement pol'_cies endorsed >by !:he Ad -ministration. V^.:9 __'..el. is it that -,rour river will ce designated >unless you have a plan the rdminiszration likes? 11/19/97 10:11 $907 233 4363 KENAI -- KENAI CITY FALL Z 005 l zo5� ca""Oss H. Ro 1842 Isr S-V=a�v i " d�opment and ;—p' '=atioLl of the �7S�f ^G7n To ter�i�ate �rrs..e.—s--me--- llerl= r Mvem Inifik6w. DT TBE s VL,3E OF =KESENT-A:TIZ7ES Jn-E 10. 19097 1%s C=UR'E'iL' (-w b.1SC4 mr. 1?0=0. m. DOQ7=':_%. -Ur_ Sanvrr of Oregon. an Ii.1IL�Cr3�ZCIZ mr" BOB ScI•i.'.FFtPII of CCs%Go. mr. UM- 13o�v. %t- IIE$G�y �jjr. Lj=zx.,jR-- 33i. of lr a hi� 2tr- of ' ems, "'nAI-ice. 31,=%ix) iuLrooiuoad the i.-Bowl " bM,-'which ABA To terminate furtrer dereiopment and implementation of the American HentaV Risers lnitia --- 1 Be it mamed 'c1 the S=te and Hoke of Bepraenia- 2 tivw o, f die Uniiedi States o1 rlrrceKca in C&ngr s aUamblOd, 3 SECL'ION L q7FffMD=ON OF AMEMICAN Tj J4GE R1Y 4 ERS 5 None of the b=As appropriated or otherwise made 5 a-milable; to a Federal agcues (includincp `tee Council on 7 Ensironmen: aI Qualm, the Enm=nm cn-ml Protection 8 A n[T, =d the: Dcpar=ent of the Lazk -iczi may be used 9 to develop, i=ierneut.. or eat out the Amerrcau Heritage 11/19/97 10: 11 22907 283 4363 _ EM AI -.yam KNAI CITY HALL 006 `) i i Rivers Initiate=e; as des=ibed in the proposal of the Coun- 2 cil on E ivironaenta.i Qua.Liir Dubiisilcd in the Fcderai 3 Ron �2ay'19, 1997 (62 Fed. Reg_ 279.53), or auv- 4 simiiai- inidatim C ^._ :LZ Lab HON-V .`', A NOC ' 7� WdBZ' L65l-8L-! L 97_._ 10 $907 283 1363 RENAI KENAI C:TT MILL 003 Bff Summary & S=for the 1051k Canoress \ Item 1 of 1 PREVIOUS SILL:a;•=- ! =.L BUJ. -ALL ROME j HELP SR.IS42 SPON73M Curtirarinced 06/10/97) • OFFTCIA.L T= AS A brig to to rminate turd f kL rrve STATUS✓: Floor Actions � • ��� • =n• �� I a • • • • �� �� r • i - +fir � - � - STATUS: Act wlcd Live Ssto�p House moons I Juts 10, 97: Referred to ►he House Cor :tee` on Resources. Sep 24, 97: (`rrrnr i=w H=±� $dd.. Oct 22, 97: C.omnimme Considaman z^_d NUe>-u_a Sessic= Feld Oct 22, 9 i : Ordered to be Reposed by the Yeas and Nrays: 15 - S. Nov5,97: Cam Moron to R=nsiac th-- Previous Recorded Vote of Oct 22, 97. Nov S, 97: Comnittee Corm-demdon znd xvi=-Lp Sessioa Edd. Nov 5, 97: Ordemed to be Rego: ced!by Voice vo-,,r- STATUS: Con— r7J Retard Page References COMM rjTws): 1 C011 MiTTEF�S) OF j 1 cf3 1Il28r3? 9'3 C c a l LZ LZ5 --N 7 --Nno.k NOC Li�� Nc LZ ' 7 LE6 C -s i - 11/19/97 10:11 BM soya sn2ms $907 283 4363 KENAI KENAI CITY HALL 16004 �''�� �'""' �"^"^"-ir►D�+: ]??dI05: i:.'LCsc�-�ci193L Rso Shadezz - 09r7-5/97 10 XCURZ 09/Z!07 G mnimslram - 09M/97 Rep Sessom - 09129f97 Reu Lewis R - I0l07J9'i RMFM - 10=97 j -1=97 $gyp —Brady-1©=197 I 1 CAS UCED) ProiuVrts 5sads appropriatr--1: ar otherwise made a%milable to a Federal agency prom being used to develop, implemem. or cary o= :he Americas; Hier=ge Rivers himarive or any =iif = dative. OE3 THE AMEBIC--�N HERITAGE RIVERS INITIATP _ AN OVERVIEW AND OUTLINE INTRODUCTION The proposed American Heritage Rivers Initiative ("AIM") is designed to support communities in their locally- based efforts to restore and orotect America's rivers. At its heart, it is about community revitalization and providing federal programs and services more efficiently and effectively. The AHRI celebrates the important role that rivers played in our nation's history and continue to play in our culture. It clearly acknowledges the inextricable link between healthy rivers and heaithy communities, and reflects the conviction that we can balance environmental, economic, and social needs. Rivers selected for American Heritage River designation will serve as models of the most innovative, economically successful, and ecologically sustainable approaches to river restoration and protection. The AM will provide a useful toolbox of federal programs and services that can assist all communities in their river conservation activities. T'ae initiative imposes no federal mandates, no new federal regulations, and no new funds. There are no federal land use or acquisition programs associated with the initiative. BENEFITS OF DESIGNATION AND THE DESIGNATION PROCESS L Presidential Proclamation: Ten rivers will be designated American Heritage Rivers by Presidential proclamation this year. 2. "River Navigator:" A federal employee serving as a single point -of -contact to enhance community awareness of and access to federal programs and services. .).Coordinated Delivery ofFederai Services: c Better coordination ofmuitipie programs and services that can assist communities in their efforts to restore.. revitalize. and ceiebrate their hometown river, ^entage. c Each designated river become "a laboratory for reinvention; of federal programs and delivery of services." Performance -Based Organizations will be established for certain designated American Heritage Rivers. 4. "Good Neighbor Policy: _ --deral agencies will help ensure their ac ons have a positive effect on the natural, historical, economic, and cultural resources of American Heritage Rivers. 5. Private Sector Opportunities: The Administration will encourage private sector partnerships with local government to restore. :-ctect. and revitalize American Heritage Rivers. Who May Put Forward Nominations? Any river community workinz :c imorore, protect, cr revitalize a river :s eligible to nominate a river. • y ri•: er cc:rLmurit•: is self-de^::ea �v ti:e me.T.bers of the cemmunir:. --d may Mciu::e t;rivate citizens, landowners. educa::onai and arts organizations, community :elders, economic developers. businesses, nonprofit organizations, public and private institutions, local and state government agencies, Indian tribes, elected officials, and/or other parties within and adjacent to the proposed area or areas supporting the designation of an American Heritage River. Scope of Area Covered by Nomination • A river community will define the area covered by the nomination. The area should reflect the river community's capability to implement its plan of action. The length of the area, whether it be an entire watershed, the length of an entire river, or a short stretch of a river, may cross jurisdictional boundaries (if supported by that government and community through letters of support and endorsement). ! `n E - What Are the Qualifying Criteria? Designation is available both to community -led efforts that are well underway and to communities just beginning their river revitalization efTorts. The qualifying criteria are broad, Qexible, and credible: 1. Broad community support 2. Notable resource qualities 3. Local and regional partnership agreements 4. Strategies that lead to actions 5. Measurable results What are the Selection Criteria? • Designated rivers will exempiify America's river heritage at its best, in all its natural, historic, cultural, social, economic, and ecological diversity. • Designated rivers will reflect a variety of stream sizes and surrounding environments. • Designated rivers will showcase innovative programs in river restoraticn and revitalization. Evidence of Support The ability of a river community to achieve its goals of river quality improve=ent and community revitalization will depend on the cooperation of state, tribal, and/or local o£z= ais, as well as strong partnerships with non- governmentai and community organizations. Number of Designations The President wiII designate ten rivers in calendar year 1997. The experience gained from the designated rivers and ,he extent of commurur: -Support for the initiative will guide future raver designations. Terms of Designation is 1rro t ,97 �TeJ!/AVAHRI-F— i ."i11 IileJ11A,/AHM-F-1. i-i Designation wiii generally be considered permane^t, subject to impiementa=on of the community's plan of action. The "River Navigator." however, will be fora term not to exceed f-: a years. Selection Council An interagency task force, composed of the heads of federal agencies, will rake recommendations to the President regarding designarions. The Administration is considering options on how to include the opinions of the public and experts from a variety of fields in this decision -making process. SERVICES AVAILABLE TO ALL RIVER COlIM I ITIES All river communities will be able to take advantage of improved delivery of existing federal programs and services. Federal agencies will use existing sta$ resources, and progrars to assist communities Woughout the nation in their river restoration and community revitalization efforts. e' 1. Improved Delivery of Existing Services and Programs • During the first year, federai agencies wiU focus on improving service and program delivery to the designated river communities, but will also implement methods to i=rove information access and service delivery to all river communities. Special emphasis will be given for outreach to minority and low income communities 2. Information • Internet Services: A "State of the Rivers" Home Page will provide inz:.rmation via the Internet on river conditions and demographics of river communities. A user will b e able to link to the home pages to all participating federal agencies to access information on suc:. topics as economic modeling, available grants, teaching guides, and where to get informa:�on and advice from experts. • A "talent bank" will share icnowiedge and tec^.piques related to comr-=tv river restoration and revitalization projects. A catalog of federal support will be deveioped and made available via the Internet, as well as in hard copy. The information wiIi consist of brochures, "how-to" pamt;_ets, a bibliography, and videos. For more detailed information concerning the American Heritage Rivers Iniri tz ve, see the Council on Environmental Quality's draft program design, -�e� published at 62 Federal Regi: 27253 (May 19, 1997). It is also available on the American Heritage Rivers Iraernet home page at http:!%www eca.gov/0WOW/heritageirivers htmi. American Rivers' home page aiso contains extensive--aformation about the .= —nencan Heritage Rivers Initiative a —,4 cther river conser: ation issues. `isit it at http:i!www arnrivers dlcl//AVAM-F-: F-I Back to the AHRI Homeaa e Q Back to American Rivers HomepaQe Last updated June 27, 1997 �„al 97 12 AMERICAN HERITA Most Frequently Asked Questions and Answers Q. What is American Heritage Rivers? A. President Clinton announced the American Heritage Rivers initiative in the State of the Union Address on February 4, 1997. The President's objective is to enhance our citizens' enjoyment of the historic, culturnT recreational. economic and environmental value of our rivers and to protect the health of our communities by delivering federal resources more effectively and efficiently. Q. What is the purpose of the American Heritage Rivers initiative? A. Rivers have always been an integral part of our Nations history -- providing opportunities for trade and commerce, routes for exploration and discovery, inspiration for ideas and culture, means of recreation_ and focal points for community development. The Loa= of the American Heritage Rivers initiative is to suppo- communities, within existing laws and regulations, by providing them with better information. tools and resources. and encouraging local efforts deserving of special recognition. Q. How does an area become an American Heritage Rive—.? A. Communities themselves will nominate their areas to -.Ye President. They must meet basic criteria. complete an application form and be selected. Communities must meet the following criteria: 1. Broad support for the designation from individuals and organizations along the river, s.ca as elected otnciais. Iandowners, businesses, educationai and arts organizations, commurury leaders, economic deveiopers, state and local governments: 2. A range of natural, economic, scenic, historic. cultural and -or recreational features that demonstrate distinctive qualities of America's river heritage: The w ilin=!ss and caoabiiiry of the parties nominating .ne river and or state and local governments :o enter into new. or to continue rr= exnard exis=L7. 7annership agreements. • • ♦ v♦•.0 - ..,s♦ �• LLb♦1V�♦ lVl lll\r 11YLj. 5. Actions will resuit in measurable benefits for tie river communin, in terms of protection and highlighting of historic and cultural resources. revitalization of local and regional economies and/or sustainable development (in terms of protection of water resources and/or public heath, restoration of rivers). Q. Why should a community seek designation? A. The designated rivers will receive focused support to access existing federal programs and services. Communities may enlist the aid of a "River Navigator' to ensure efficient access to the federal agencies and to simplify and streamline the delivery of these programs - Designated rivers and their communities will also receive a commitment from federal agencies to act as "Good Neighbors" in making decisions that affect communities. Each river will become a laboratory for e - reinvention of federal programs and delivery of services that will support that community's revitalization efforts. Q. What about communities that are not designated? A. All river communities will receive streamlined access to government programs and services via greater coordination among government agencies, the Americzn Heritage Rivers Internet web page (which consolidates government programs and services), and hard copies of all information in an easy -to -use format. Q. By what authority does the President name American Heritage Rivers? A. The federal government has the authority and responsibility to coordinate the use of its limited resources in the best possible manner. Many federal agencies already have programs authorized by Congre...s that are relevant to preserving our rivers. With the American Heritage Rivers initiative, services provided by these programs will be delivered more effectively. Q. How can members of a community present their views about as a potential nomination? A. The nomination process will be fully controlled, discussed and organized at the local level. The conce= of all community members should be aired as the nomination material is prepared. Communities submitting applications should make opportunities available for members of the public to comment on the nomination. Concerns may in fact dissuade the community from completing its nomination process aad if that is the case, then the process stops, appropriates•.•, at the local level. Q. Is there a procedure to oppose the designation? A. Opposition from elected officials would be evidence t!:_= broad community support does not exist for an application. Objections of individuals or interest grou-_ would be considered within the totality of the application and its supporters. Views of state. tribal and local governments and congressional offices will be fully considereA. Q. We're depending on a specific federai program for resources. won't the American Heritage Rivers initiati a siphon resc,.�:ces from the program we depend on A. No. The gel of American Heritage Rivers is to aciii-2 •e greater eZ:::e^c.; for ail federal programs. It is imortant tc recognize. however. that in a balanced budeet world. federal spending will continue to be limited. We oelieve the best way to prioritize limited federal spending is through a community -led process. Communities often know best what resources will benefit the u the most and, as such, deserve special attention. Q. Will the cotarnuniry have a role in choosing the Rive: Navigator? A. Yes. The federal agencies will work with the community to identify an appropriate person, to the extent that th-e local needs and priorities identified by the designated American Heritage Rivers community matches programs and services of one or more of the participating agencies. We expect the River ?Navigate: will be a federal employee. Q. Is this a "land grab" for rivers? A. Quite the contrary. This is an effort to increase local access to federal programs that affect rivers, not to increase federal, management around rivers. Communities come together and nominate their strc=.'- of river. This initiative supports community plans -- including economic development, revitalization. environmental and public health protection, recreaticn and job creation. To accomplish these goals. the Administration will better coordinate federal environmetal, economic and cultural programs witli :he communities along rivers, and give people better access to existing federal resources. And, most importantly, :he federai government will respond directly to commu::v needs. Q: Is it true that foreign governments or their internatic--; organizations are involved in this initiative? A. No. The American Heritage Rivers will be nominate= by American cc=='ties to celebrate their own histor- _: i and cuiturai 1,•aiues. Q: Is it true t^at the "River Navigator" is goine to ins.: t himself or rerseif into local decisions in order to "federalize' local functions like zoning? A. No. The "River Navigator" will serve the comm=*7-' as a liaison to ::Ie federal government. helping peooie better understand how to access existing federal resources. - E:nnaII �,nnr z,.iccrsiions URL: hrmwwww.eoa.zovirivers/ faa.htmI Revnea Septemoer i i. 199,7 N_3rC30_r2t149JV sty erg � � Developmental Disabilities, Early Intervention & Senior Services 3�270 K-Beach Road, Suite 36 Soldotna, AK 99669 FAX (907) 262-6294 DDS/SS (907) 262-6331 • EIS (907) 262- 3144 November 21, 1997 RECEIVED John Williams 4 �l Mayor City of Kenai 210 Fidalgo, Suite 200 KENAI CI Kenai, AK 99611 T' CLERK Re: FY98 Mental Health Trust Facility Capital Grant Program Dear John: Frontier Community Services (FCS) is currently in the process of responding to the above mentioned Request for Proposal. FCS will be submitting three different proposals, for Senior Services, Early Intervention and Residential Services. Each proposal requires letters of support. FCS is asking for your assistance in this area. Our Early Intervention Department has sent out a separate request for support. Your response may include all three projects in one letter or any of the three projects individually. The Residential Department is requesting funding for a new van. FCS provides supports for three new consumers living in a home between Kenai and Soldotna that are in need of transportation. The number of individuals receiving services from this agency, in independent living situations, is rapidly growing. Often, support staff do not drive vehicles that will allow them to transport more than one person at a time. Other consumers in need of transportation will also utilize this van. Senior Services is requesting funding for implementing the Gatekeeper program. This program will become a major component in the safety net that Alaska is trying to build for its Senior Citizens. The Gatekeeper is an informational training program for bank tellers, grocery clerks, postal workers, and others in the community who come into contact with Senior Citizens. The idea behind this program is training members of the community about the signs to look for that would indicate when older people or others might need assistance and how to respond appropriately to their needs. The requested funding will be for the production of a video, producing copies of this video, a computer, and publication costs for the materials to begin state wide training for this program. FCS would appreciate your response no later than December 5, 1997. Our mailing address is: Frontier Community Services, attention Mari, 35270 K-Beach Rd., Suite 36, Soldotna, AK 99669 or Fax us at (907) 262-6294. Thank you for your support. Sincerely, 0 wa�� Wini Crosby .ff Executive Director ' f mw i Un!lec 'Na, Agency December 1, 1997 CITY OF KENAI ►► Gil er11'.14W 4 414ajlza ►► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 FAX 907-283-3014 ky7 �r..ecn ~' a Wini Crosby, Executive Director Frontier Community Services 35270 Kalifornskv Beach Road, Suite 36 Soldotna, AK 99669 RE: REQUEST FOR SUPPORT - FY98 MENTAL HEALTH TRUST FACILITY CAPITAL GRANT PROGRAM We are in receipt of your November 21, 1997 letter in which you requested letters of support from the City of Kenai for three proposals you are making to the FY98 Mental Health Trust Facility Capital Grant Program. Because there may be some duplicity and/or conflict in regard to your proposals for Senior Services and Residential Services, Vice Mayor Measles has requested council review your letter at their December 3, 1997 council meeting. The meeting will begin at 7:00 p.m. and the matter will be added and discussed under New Business on the agenda (copy enclosed). We invite you to attend in order to answer any questions council may have in regard to the grant proposals. If you have any questions, please contact me at 283-7539. CITY OF KENAI Caro r Freas City Jerk clf Enclosure R E C E Kenai Chamber of Commerce �1�1� tea»:e /ae c�noca �ooae W.".N 402 Overland Kenai, Alaska 99611 NAB CITY CLERK (907) 283-7989 (907) 283-7183 (Fax) November 24, 1997 Mayor John Williams City of Kenai 210 Fidalgo, Ste. #200 Kenai, AK 99611 Dear John: The Kenai Chamber of Commerce is pleased to announce that Tustemena 200 dog sled race will be held in Kenai in conjunction with the Peninsula Winter Games. The date for the start of this event is January 31, 1998. The Kenai Chamber of Commerce is planning a sponsorship drive for disadvantaged or terminally ill children enabling them to ride with the mushers during the ceremonial start of the race. Most of these children may never otherwise have this opportunity to feel a part of such a wonderful event. We are asking you to submit the name of a child from your area to participate in this event. In addition, we are requesting a minimum donation of $500. These funds will be used to provide transportation, advertising of the event and keepsakes for the children. Also included will be a large banner at the beginning of the start listing the Chambers who have participated. Members of our community have stepped forward for housing needs during this event and due to the generosity of Kenai Chrysler Center, we expect the purse for this race will be approximately $20,000, thus attracting well known racers. A member of the committee will be contacting you shortly and your consideration of the above request is greatly appreciated. Because of your generosity, a child may realize his/her dream. We look forward to hearing from you soon. Best regards, Bob WFavXtto, President Kenai Chamber of Commerce Board of Directors CITY OF KENt, It Od CC4fZZW 4 41421 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 FAX 907-283-3014 kyt" IFF.u�non 1III�1 1"2 November 25, 1997 Honorable Mark Hodgins Representative, State of Alaska 145 Main Street Loop, Suite 221 Kenai, AK 99611 Dear Representative Hodgins: Attached is a copy of a project proposal for EVOS funding. This project is necessitated by the parking needs generated by the dip net fishery. When the subsistence and personal use fishery were combined into the dip net fishery, significant pressure was placed on the mouth of the Kenai River. While this resulted in less pressure on the upstream fishery habitat, it has caused environmental problems at the mouth. Funding has previously been received for barricading to protect the dunes area at the River mouth. However, inadequate parking on the north side of the River, off of Spruce Road, has created problems. Vehicles are parked in unauthorized areas causing damage to wetlands and roadsides. Inadequate parking has resulted in dip netters accessing the River further upstream by traversing down River bluffs causing further erosion problems in an already fragile area. We anticipate submitting this project to the EVOS Trustee Council in February 1998 when the Invitation for Proposals are issued. Any support -.-ou can lend our request for EVOS funding for this project is appreciated. Sincerely, CITY OF KENAI 41Vca(r-J&Ro`ss City Manager Attachment RAR/kh CITY OF KENAI It 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - _ FAX 907-283-3014 '1II1► Imo: SOUTH SPRUCE STREET BEACH PARKING Project Name: South Spruce Parking Project Location: South Terminal of South Spruce Street at Cook Inlet Owner: City of Kenai Project Manager: Keith Kornelis, Director of Public Works Description: Place fill material in area to provide parking for people using the Cook Inlet Beach Permits: The City of Kenai has already received the necessary permits for this construction. The U.S. Corps of Engineers issued Permit No. Cook Inlet 246, M-810010 for this work. PROJECT NARRATIVE The State of Alaska has opened a seasonal dip net fishery at ;�e mouth of the Kenai River. Over 15,000 dip net permits for households were issued for Kenai, Kasilof, and Caught in the 1996 Kenai dip net fishery Fish Creek in 1997. Alaska Department of Fish and Game estimated 103,000 fish were . This was almost t'-iree-fourths of all fish caught by dip netters. Thousands of "dip netters" from ail over the State take advantage of this very productive method of obtaining salmon on the Kenai River. Because of the damage to the road and dunes along the beach road, Kenai Avenue, the road was closed in 1996. In 1997 the City received a grant from the Exxon Valdez Oil Spill Restoration office through the Alaska Department of Fish and Game, Habitat and Restoration Division, for a project to help protect the dunes. The project placed concrete barriers to keep people off the dunes and provide access to the beach at designated points. The road was opened for vehicles to transport passengers and gear to t-e mouth of the Kenai River. The barriers prevented vehicle damage to the dunes whic:. also blocked any off- road parking. This project was very successful in protecting the dunes, and they are recovering nicely. The new proposed project could be considered Phase II of the Kenai Beach Dunes Protection Project. At the present time, the only place to park, for the north -side Kenai River mouth dip netting, is a small parking lot at the end of South Spruce. This project will be to enlarge this parking lot. SCOPE OF WORK The City of Kenai Public Works Administration would be responsible for this project. The construction project would be awarded to the lowest responsible bidder. Approximately half of the 65,000 square foot area would be excavated to remove the frost susceptible material (FSM) near the Sewer Treatment Plant. Half of the excavation would be hauled off site with the other half being used to reshape the remaining area and relocate the existing trails. Filter Fabric would be used in areas still containing FSM. A temporary silt fence would be placed at the toe of the new slope during construction. The existing fence along the STP would be relocated after the new fill is in place. The concrete piles stored in the existing small parking lot will be used as barriers to detour vehicles away from wetlands and sensitive areas. The existing vehicle ruts and damage to the low land areas next to the parking lot will be repaired. The areas off the gravel parking lot will be seeded. Public informational and educational signs will be placed in the area. Regulatory and directional signs will also be installed. Please see the attached drawing which shows the location of the proposed project. PROJECT COST A rough budget for this project is: Administration 2,000 Engineering Design 3,500 Inspection 6,500 Construction 130,000 Contingency 13.000 Total 155,000 2 �a Wcu �� • iv �� : uti U. lr. i,. Hnchor;go HK "X NU. JU! --dJ 41y1 , F � s�wslm TitE7►TftpYP i � � \ 4 uICATMN 1 coo V= r� � l �i ry7r? j jr: • fi?� r ~`� ~`'i t' rr't' `' • • •• l it 'Y,rr? �} t-• .,; •; '!rii.�irtF ~7'�i tii : t'•• ^ 1 �_ ' •::jtT:r;`Jft• tttti Tlf�jt.•f••.3r,..1�. :•rTt•r gg— � 7::i, ry�;:�ti-!:~:r:;v?:rry:r� �..rlr;irly� r�.•r 7 ;•},:,'s t;:rti•.:r:t••�."•;• .;~ti~ '},r;•�s�:;..r��''j•i. Ito I : r••.;:•w �•rti�r�7�•ti w�Y K,j����i•• � i:�j'• w ^:: .0' :r. ~ :• r: r :• T ;Sly: f +�,� { secriav `� •'w,t �y� A�'••.;��i;;►�tn: 'jJ•• f•�r'T r • � jrl 1I bcUt►N4 :�;:.`.:t'l,/i'r ��•r?�t Rerovfi+ i b ti Q4wg D "' ^ S PlctyTl�IL+ Z pF.¢�c.�N(, •— - r. GAP N 1�4=T1P PURPUSL: FROME AREA TO EXPAND 1-,rrY PLAIN `TIES SE`FER TRFA,rXfENT PLAINT DTP AND PARKING FOR RECREATIONAL USE I,. _ 1 OO —EXP NSION/PARKING AREA ADJACENT PROPERTY OWNEP.S. DATUM: USc: WATERWAY: COOK INLET CITY OF KENAI AND GS NISL LOCATION: NI A 2. THOR EVANSO\ SHE = T OF —`5/ 0_ c_ �Fct io�v V tEw ELEYAMOW �T.LENI�.Tt DN MS�...i ZD 20 1.8 $n T`�PG = 9dlAtyfG� 18 i 6 lb t4i�}-;r1� SccctGd IV -ill t� It C `z. 10 G Na+u►ez t round IQ COOK. MLET 246 I'-^ 1�( ir• PURPOSE: PROVIDE AREA TO EXPAND CITY SECTION VIEW SEIVER TREATMENT PLANT STP AND PARKING FOR RECREATIONAL USE HORIZONTAL SCALE EXF:_`TSION/PARKING AREA i jy A = E R�ti AY: COOK INLET ADJACENT PROPERTY OWNERS: I.. CITY OF KENAI VERTICAL SCALE LOCATION: KENAI. ALASKA 2. THOR EVANSON I' = 5' SHEET- -?-- OF Z 5/20/96 Sheetl SOUTH SPRUCE -BEACH PARKING Nov-97 i 1 Units Est. Quantity Unit Price Totai 1 1 i Useable Excavation Unuseable Excavtion ! CY CY %0! 900! 21 51 1,800 4,500 Borrow, Type A CY 12,500.: 71 87,500 Crushed Aggregate CY 1,600: 101 16,000 Filter Fabric Silt Fence Reroute Trails & Grading Relocate Existing Fence Relocate Concrete Piles Public Info & edu Signs Seeding SY LS LS LS EA LS LS 3,600 1 ! 1 i 11 9i 11 11 1 ! 1,000; 1,0001 3,000: 150i 1,000i 2,000' 3,600 1,000 1,000 3,000 1,350 1,000 2,Q00 Water for Seeding M-GAL 60 i 201 1,200 Topsoil SY 300! 21 600 Mob. & Demob. LS 1 t 5,0001 5,000 i Basic Bid 129,550 Contingency 12,955 Basic Bid Plus Cont. 142,505 BASIC BID BUDGE i Administration 2,000 2,000; Engineering Design 3,887 3.500 Inspection 6,478 6.500 Construction 129,550 130.000 Contingency 12,955 13.000 TOTAL 154,869 155,000 Page 1 CITY OF KE -, It Gd 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 IIII�I 1992 Memorandum Date: November 21, 1997 To: Mayor and City Council From: Richard A. Ross, City Manager ot— RE: Strategic Planning Committee - Central Peninsula General Hospital In my capacity as a citizen of the community, I have agreed to serve on the Strategic Planning Committee of Central Peninsula General Hospital, Inc. (CPGH, Inc.). While the position does not in any way serve as a representative of the City of Kenai, it is unavoidable to have discussions that involve our city. On November 20th I made the following representations during discussion at the Board meeting: 1. The City Council has not been involved in any discussions with any medical provider that involve City of Kenai participation in bringing that medical provider to the City of Kenai. 2. Should the City Council enter into such discussions it would be an open process and would no doubt involve work sessions at which all parties, including CPGH, Inc., would be able to participate. 3. Kenai and Nikiski populations are a major population base of the hospital service area. There is a significant void in medical services in this area that will no doubt be filled. Private enterprise can at any time come in to fill this void without any City involvement. Mayor and City Council November 24, 1997 Page 2 4. Now that the voters in the Hospital Service area have authorized expansion of health powers, the walls of the hospital no longer restrict delivery of services. The Hospital Board needs to examine what services, if any, they can economically deliver to a site location in the Kenai area, versus the impact to the Hospital if they were to lose this customer base to another medical service provider that comes in to fill the present vacuum. As a result of the meeting, the committee chair Bill Simpson is presenting to the c_ Hospital Board on December 111hthe committee recommendation that the Board undertake an immediate study of services needed in Kenai, the ability of, and the options available to the Board to deliver those services. RAR/ kh CITY OF KU ►► Gdea � 4 m"m 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 an 1II��1 1": MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Clerk City of Kenai *�� DATE: November 25, 4 997 RE: GAMES OF CHANCE AND CONTESTS OF SKILL APPLICATIONS Attached is a letter we received from Jeff Prather, Gaming Unit Manager, Department of Revenue. The letter notifies us that applicants for Games of Chance and Contests of Skill Permits no longer are required to have the applications signed by the city or borough in which they are to conduct their games. However, it is the applicant's responsibility to notify the city or borough of the proposed activity. Also, we would still have the opportunity to inform the Department of Revenue of reasons why an application should be denied (by resolution). At your April 5, 1995 council meeting, you directed any future Games applications should be placed in council packets as information items and :upon council's review, a copy of the attached letter be sent with those applications to the Commissioner of the Department of Revenue. Since then, each application has been forwarded to the Commissioner with a cover letter and the April 5, 1995 JW letter attached. Today I received a telephone call from Paul Dick, Operations Nfanager at the Department of Revenue in Juneau. He advised me he understood council's concerns which were included in the April 6, 1995 letter, but that sending the letter with each application was no longer necessary. DOES CO UNC1L WANT TO CONTINUE WITH THE CURRENT METHOD OF HANDLING THE GAMES OF CHANCE AND CONTESTS OF SKML APPLICATIONS? TONY KNOWLES, GOVERNOR DEPARTMENT OF REVENUE http://www.revenue.state.ak.us/iea/gaming/cg.htm Mr. John Williams City of Kenai 4-7 210 Fidalgo Ave., St. 200 Kenai, AK 99611 Dear Mr. Williams: INCOME AND EXCISE AUDIT P. O. BOX 110420 JUNEAU, AK 99811-0420 FAX. (907) 465-2375 October 16, 1997 R EC'= "'V E D Wr 2 3 1997 [KSNAI CITY CLERK In accordance with AS 05.15.030[a], applicants for permits and licenses to conduct games of chance and contests of skill are required to notify the city or borough nearest to the location of the proposed activity. Up to now, we required proof of this notification as part of an application. With the start of the 1998 renewal period, however, we no longer require proof of notification with the application. Instead, we are informing the applicants that it is their responsibility to ensure that the statutory notice requirement is satisfied. So that you will know what gaming activity is present or possible in your jurisdiction, we will send to you a list of those who hold permits and licenses within your area. Updates to this list will be sent as necessary and as time permits. Please inform us if you find anyone on this list who did not properly notify you of the application, and we will take appropriate action. Note that 1997 permittees are listed on the Internet, as are all 1998 application forms. 1998 permittees will be posted to the Internet list periodically. Our Internet address is listed above. We will advise you of further enhancements to our system as they occur. When you receive application notice from applicants, you still may inform us, by resolution, of any reason why a given application should be denied. We will consider such resolutions in determining whether to issue or deny a permit or license. Sincerely, Jeff Prather Gaming Unit Manager 04-D5 L H CITY OF KENAI it c d Ooapdai 4 Aar ►► 210 FIDALGO AVE.. SUITE 200 KENAI, ALASKA 99611.7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b2W April 6, 1995 Commissioner Wilson Conden Department of Revenue P.O. Box 110440 Juneau, AK 99811-0440 RE: 1995 GAMES OF CHANCE AND CONTESTS OF SKILL MULTIPLE-BENEFICL4RY PERMIT APPLICATION Multiple Charities Association Co-op At their April 5, 1995 meeting, the Kenai City Council reviewed and discussed the above -referenced Multiple -Beneficiary Permit Application submitted by the Kenai Peninsula Fisherman's Association, Kenai Elk's Lodge and Juneau Moose Lodge 700. After long discussions and much consternation, the Council took no action on the application. During the discussions on this application. Council was extremely dismayed to find that even if they objected to any gaming application, in all probability, the Division of Gaming will approve the application anyway. Because of this lack of control by the local government, the Council felt their input is moot. In further discussions, the Kenai City Council unanimously passed a motion to not involve themselves in approval of bingo/pull-tab applications until the local governments are awarded more authority to object to applications if it is demonstrated the application is not in the best interest of the community. CITY OF KENAI JJW/cif cc: Multiple Charities Associated Co-op KENAI CITY COUNCIL MEETING DECEMBER 3, 1997 INFORMATION ITEMS 1. 11 / 19 / 97 Council Meeting "To Do" List. 2. Council requested dipnet information from Public Works Director Kornelis and the Kenai Police Department. 3. 11/24/97 RR letter to Senator Jerry Ward regarding CIP grant request for city maintenance facility. 4. Executed Memorandum of Agreement Between the City of Kenai and the Alaska Challenger Center for Space and Science Technology. 5. 1998 Gaming Permit Applications a. Peninsula Oilers Baseball Club, Inc. b. Peninsula Oilers Booster Club C. Greater Kenai Chamber of Commerce d. Kenai Rotary Club e. Alaska State Elks Association CLF MK KENAI CITY COUNCIL MEETING NOVEMBER 19, 1997 "TO DO" LIST Include copy of Police Department report regarding dipnet fishery in next packet as an information item. Cancel Planning & Zoning Commission meeting of December 24, 1997. Prepare proclamation for acceptance of carving donation for 12 / 18. Correspond with Ms. Bigham at KCHS regarding the scheduling of Government Day during the spring semester. Advertise 12/ 15/97 HDB meeting cancellation and work session scheduling (instead of meeting). Memorandum TO: Rick Ross, City Manager FROM: Keith Komelis, Public Works Director DATE: October 9, 1997 SUBJECT: Dip Net Information Information from ADF&G Number of Permits (Household) # Days fished Kenai River dip net Fish Creek (Palmer) dip net Kasilof dip net Kasilof gill net Fish Caught Kenai River dip net Fish Creek (Palmer) dip net Kasilof dip net Kasilof gill net 14,576 9,948 3,550 1,200 550 103,000 19,000 11,000 9,000 ADF&G does not have the # of days fished and fish caught for 1997as yet. Information from Finance - Boat Launches July 1, 1996 to April 30, 1997 = $15,122 - 5 = 3,024 launches May 97 = 760 _ 7 = 108 June 97 = 1,077 - 7 = 153 July 1, 1996 to June 30, 1997 = $16,959 = 3,285 launches July 1, 1997 to October 1, 1997 = $18,920 - 7 = 2,703 launches May 98 estimate = 760 - 7 = 108 June 98 estimate = 1,077 = 7 = 153 July 1, 1997 to June 30, 1998 = $20,757 = 2,964 launches (estimate) 15,275 Page 2 Dip Net Info. 10/9/97 Attached is a memo from the Kenai Chief of Police concerning the dip net fishery impact. -_-Because of the dip net fishery the Boating Facility had to provide: Estimated Cost 1 extra dumpster $ 125 4 porta potties 1150 Additional supplies 500 Extra labor 500 KENAI POLICE DEPARTMENT MEMORANDUM To: KEITH KORNELIS PUBLIC WORKS DIRECTOR From: DAN MORRIS CHIEF OF POLICE Date: OCTOBER 7, 1997 Subject: DIPNET FISHERY IMPACT As a result of the Dipnet Fishery at the mouth of the Kenai River, the Kenai Police Department assigned a seasonal enforcement officer to patrol that area between July IOth & August IOth. The following activity was associated to the fishery: Man Hours 150 Verbal Warnings 180 Citations Issued 5 Vehicles Impounded 22 at PT-9 The seasonal officer is not a certified police officer and has no arrest powers. There were several situations that required him to call for police assistance to handle irate or intoxicated people. Police officers increased patrol time in the Spruce Road area during the fishery and responded to calls in that area when the seasonal officer was not on duty. Calls for police response on the south side of the river mouth increased during the fishery opening. Property owners on the south side complained of trespassers crossing private property to access the dipnet area. There was also a problem with sanitary conditions due to a lack of toilet facilities on the south side. The fishery occurs during our busiest time of the year, as with other city departments, and takes resources away from other duties and responsibilities normally addressed in July. Please let me know if you need further information for your report. CITY OF KENO it CNI eat 4 4&4,oza 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 �d 'lIlI1 "2 November 24, 1997 VIA FAX 283-3075 The Honorable Jerry Ward Senator, State of Alaska 145 Main Street Loop, Suite 220 Kenai, AK 99611 Re: Legislative Capital Grant Request - City Maintenance Facility Dear Senator Ward, The City of Kenai has requested a legislative capital grant in the amount of $250,000 for design of a City maintenance facility. As we have previously discussed, this facility replaces an outdated one presently owned by the City of Kenai that is inadequate in size to house and service airport maintenance equipment. The Kenai Municipal Airport serves the entire Kenai Peninsula. While our City has a population of 7,000 people, the annual emplanements of travelers leaving the Kenai Airport has been in excess of 130,000 (1995). We are requesting participation on the part of the State on this project because of the population served. It also pointed out that the operation of this airport as a municipal airport results in a great deal of savings to the State. Sincerely, CITY OF KENAI eiic a�dA.oss City Manager RAR/kh MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF KENAI AND THE ALASKA CHALLENGER CENTER FOR SPACE AND SCIENCE TECHNOLOGY WHEREAS, the City of Kenai (City) and the Alaska Challenger Center for Space and Science Technology (Challenger) desire to cooperate in the planning, construction, and operation of the Challenger Learning Center of Alaska (Facility); and WHEREAS, the City and Challenger desire to define the roles and obligations of the parties regarding the Challenger Learning Center of Alaska. NOW, THEREFORE, the City of Kenai and the Alaska Challenger Center for Space and Science Technology agree as follows: 1. The Challenger will be responsible for raising all capital construction costs of the facility. The City shall act as grant administrator or as a pass -through agency for grants for construction of the facility as needed. 2. The City will provide land at no cost to Challenger for placement of the facility. The City will determine the site to be selected. The City will consult with the Challenger prior to the selection. However, the site selection will I-e at the sole discretion of the City. 3. The selection of an architect and the planning and desiz= of the facility shall be done by a joint committee of the City and Challenger. V The make-up of the joint committee will be agreed to at a later date by the parties. 4. The City will manage construction of the facility. Once completed, the City will accept ownership of the facility. 5. When construction of the facility is complete, the Ciry and Challenger intend to enter into a management agreement whereby Challenge: will manage the facility for the City. The terms and performance criteria of the management agreement will be determined by the parties. All roles, relationships and obligations contained in the Memorandum of Agreement will be defined in detail anc agreed to by both parties by July 1, 1998. 6. Challenger will operate the facility and be responsible - --r routine maintenance and janitorial services. MEMORANDUM OF AGREEMENT Page 1 of 3 7. If needed, as determined by the Kenai City Council after consultation with Challenger, the City will provide an annual operating subsidy to Challenger for two years as projected in the feasibility study. The issuance of the subsidy is subject to the appropriation process as contained in the Kenai City Charter, Kenai Municipal Code and Title 29 of the Alaska Statutes. 8. The City will provide parking lot snow removal and landscape maintenance for the facility. 9. The City will provide replacement maintenance for major building related components, i.e. heating system, roof, etc. The Challenger will be responsible for components used in conjunction with the Challenger Learning Center training programs, i.e. computers, Challenger props, etc. DATED this day of 1az,ti,��er , 1997. CITY OF KENAI ALASKA CHALLENGER CENTER FOR SPACE AND SCIENCE TECHNOLOGY 1 By: By. 'chard A. Ross inge Ste , Pr siden City Manager Board of Directors MEMORANDUM OF AGREEMENT Page 2 of 3 STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this a jV day of ' 1997, GINGER STEFFY, 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. Not Public for Alaska _ My Commission Expires: F , z r ; STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this/ ^ day of &�4� 1997, RICHARD A. ROSS, City Manager of the City of Kenai, Alaska, 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 on behalf of said Citv. Notary Public for Alaska My Commission Expires: NEBIORANDUM OF AGREEMENT Page 3 of 3 1998 Gaming Permit Application wanes Type fuse for comptetatg Unormation below.) BlrW Deep Freeze classics Goose Classics Race Classics Raines Dog Mashers Contest Ice classics Rain Classics Pull -Tabs Dog MuShIN Sweepstakes Iarg Salmon Classics Salmon Classics Contest of Skids Fish Derbies May amiss Snow Machine Classics Carved Salmon Classics ACTIVITES CONDUCTED BY ORGANIZATION Facility Name Physical Location Game Type, Is Facility 817 Cook 13 owned Oiler Bingo Hall Kenai, AK Bingo ❑Leased ❑ Donated 817 Cook Ave 13 ONR1ed Oiler Bingo Hall Kenai, AK Pulltabs ❑wed ❑ Donated c s 601 Main St owned Oiler Building Kenai, AK Pulltabs ❑Led- ❑ Donated Oiler Gusher So. Forest ❑Owned Kenai Armory Kenai, AK Raffles XQI Leased ❑ Donated Corner Tinker & Lawton ❑owned Oiler Ballpark Kenai, AK Raffles X13Lamed ❑ Donated ❑ Owned ❑ Leased ❑ Donated ACTIVITIES CONDUCTED BY VENDOR (pug -tabs are the only games a vendor can conduct) Vendor remsn=m and faa mf,cr hA nnrl,di Name of Vendor Physical Locadorr - - -- -- -^ Vendor Number ACTIVITIES CONDUCTED BY OPERATOR - Name of Operator Physical -cation Game Type(s) Operators License Number ACTWITIES CONDUCTED BY MULTIPLE-SENEFKyARY PERMrnEE Name of MBP Physical Location Game Type(s) MBP Number lf�...,,.,...,r ..rear .,.,....r...... _., o-u—aumf apish pkm io use uie net proceeo from gamrg activities for political, educational, civic, public, chart r religious uses in Alaska. (See statutes and regulations for specific rules.) in the spaceprovided_ tellhow your rmaniraHm int—I Proceeds from gaming activities. Bespecific) Promote athletics, particually baseball, on the Kenai Peninsual & wit Alaska. Support summer league for college ballplayers, donations, b monetary & in -kind to Little League, American Legion, High School scholarships- Arm 's Love I-nc, and others. 1998 Gaming Permit Application organdaWn Nye Federal EIN Permit Number Pen Oilers Booster Club 1 92-0046531 1 1402 —__ -r— r..cn w —.nnhe*i IMnr*rtat W hr!r 1 Bkgci Deep Freeze Classics Goose C Race Classics Pacifies Dog MuslWs Contest ice Classics Rah Classics Pull -Tabs Dog Musthktg Sweepstakes I(Ing Salmon Classics Saknon Classics Contest of SMIs Fish Derbies Merct" Ciasslcs Snow Machine Classics Carved Salmon Classics ACTIVRES CONDUCTED BY ORGJ 17ATION Fadby Name Physical Location Game Type is Fad6ty 817 Cook ❑ Owned Oiler Bingo Hall Kenai, AK Bi n g o ❑ Leased Donated ❑ Owned 817 Cook ❑ Leased Oiler Bingo Hall Kenai, AK Pul1tabs Donated 601 Main S t . ❑ Owned Kenai, AK Pul 1 tabs ❑ Lame` Oiler Building X )Q Donated ❑ Owned Oiler Gusher So ForestLeased Kenai Armory Kenai, AK Raffles Donated ❑ owned Corner Tinker & Lawton )RK—ed Oiler Ballpark Kenai, AK Raffles ❑ Donated ❑ owned ❑ Leased _ _ ❑ Donated er_ n l=n q mND CTED BY VENDOR (MA tabs are the only Dames a vendor can con&-*W) Vendor registratty, and lee must be atTadred. Name of Vendor Physical Location Vendor Number tnEs CONDUCTED BY OPERATOR Name of Operator Physics' !xcalion Game Type(s) operators License Number eCTtvrnFS CONDUCTED BY MULTIPLE -BENEFICIARY PERMITTEE Name of MBP Physical Location Game Types) MBP Number DEDICATION OF NET PROCEEDS. The organization must plan to use the net proceeds from gamng acavrues nor pam®. eumawrku. avtc. is , u.a..a.+.-. patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided. tell how yaw organization intends to use the net proceeds from activities. Be athletics, par icua y � Promote at - & within Alakti Support summer league for college ballplayers, donations, both monetary & in -kind to Little League, rican Legion, Hiah School scholarships and others. 04-826 (revise&"7) back 11/26/97 11.28 %2907 283 718s. KENAI CC 1998 Coming Permit AM11coWn If MW"M on NWM Fed" ON Kenai Chamber of Commerce 92-0117443 lilac Type fuse lar eaort►daonA IrUarm�an oatatv.) eh-W OM Freeze, Ca wm Prima DW Muftes Cannot PU&Tses Dq MMq SweepaAkes Cam" Ct SMAS CAMP" Salmon chases Pub DarMes Goes rlaSSES im CIMM= )Orq Sfa mm Ctaism MarotaY CLISM= NUMM 97-0482 ►nos Oa so Ash Comm sarnon Chases snow Mewam ChaMiz j i AC rOM CONDUCTED BY ORGANnTION Fadit Nana My l o BOM Germ Type to Feasty I = ow'" Kenai Chamber of Commerce/402 Overland/Kenai Q Loom (3 00we0 O own.d �I 0 Leased 1 0 oormed � cwne,a O aartam I O owne,d Laaaw ofineo i 0 owned Q Loosed D ovw:tao Owned Laase,d Domed AG?M M CON=JCTSD SY KNDOR(DW40x are a» oM gWW a vendor CW =,Mj ) VaraT rac�saafaess atfr /we, nest Oa a=died_ NWM A Vardar M"cni L=xdon Varaot NuffiDer N/A j I� I ACTN1171E8 CONDUCTED IV oPOUToR Narle of odanffmr PT1yaa+ ' Gan+e T"s) Ommcrs License NUMMe N/A ACTrM= CONDUCM By UMMU&NOWUMARY PUWrRE IName of Map Pnyou Location Dane TM*S) MEP Numoff N/A I DEMCAMN OF NET PROCREDS. The vgera"om mast pM a was e+e net pf=aaos ham gefnrq ararfde OOliow. o4fa aaortal, avK, Au W. drentame. Peftiooe or reliQioas Law inAtfaslrz (See stavtes and regtneaaq for spae+Ae nAes.) In rA stave pwgea. to row VOWargertLtmon upends to use the not oOMS tram ach MU. Ma-Vedft All lawful acitivities as prescribed und3ar AS.05.15.15C ' oa-825 f ramea"i) Gedc 11/26/97 11:28 V907 283 7183 KENAI CC Z 004i00'. 1998 Gaming Permit Application QQWUMM Nerve Federal GN AlRN WNtlDar Kenai Rotary Club 1 92-0102383 197-1772 retells Type (uo for aomdaem fflonnagon !lawn.) obw Deep Prowls clecsim Gaon CUM= Ace Comm Flames Dog LU9Ws Cornea Im Gac"c Ran CLeaefaa Pul-Tabs Dog Axis >y Sweepeadta long "Mon n aamm salmon Ciewka Conusst of awls Fite Deno. Mwcury 0188Mo Snow h awirm can" Carmed SaMlon CLesum AGTMMI S CONDUCTED BY OROANQATIOM Factory Name P11ygCN Laaaaorf Gmrle TVft Is Fadw 0 Owned Mr. D's Rescaurant/10352 Kenai Spur Hwy/Kenai Raffle/lottery 0 XM Da mad Q Owned Leased DWOM O 0 owned 0 Llsased O Damao 0 owned rJ Leased O Donated i 0 owned 0 Llsalsed 0 Domed 0 Owned Leased 1 Doneud ACnVfT1E5 CONDUCTED YY VENDOR O w= en the only games a vendar on =n&xq vermr rag avetnn aro iw nMtsr a a�eled. Name of vendor p*vslral UXXO n vlsnoor Nunneer N/A ACTIMES CONDUCTED BY OPERATOR Name of openaw 'Mvsice '-Doodn Game Types) Operators License NLMW N/A ACTTVMgS OOMOUCTiD BY MULTiP�MtNLOIMMY PEItMfTllt Nana of Map (flame Types) MOP Numto r � N/A OED=TION OF NET PROCEEDS. The mger%zuan ftat qwn to sae one not pmceem hom 9emrg a=VRM xr Oo M=. eauaakwa(, awe, pmic. one Ube. pervae or rug" uses in Alaska_ (see ®OrAs and nVul MMS tar tpecift nAasJ In Ole space orovlaw. let now vnr eroanise lm.ne. 1� ".o .... — s from 29M acbVNIft. Be snedflct -- �� — --- All lawful activities As outlined under AS.05.15.150 1998 Gaming Petmit Application Federal EIN prpartl�tiort Name Alaska State Elks Association 92-6002001 Gana Type (use for oompie" Irdornta W below.) BkVo peep Freeze classics Raffles Dog Ltxo fs Contest Put -Tabs Dog MhrSNM Sweepstakes Contest of Skills Fish Derbies Canned Saknon Cassia ACTrAM OONDUCTED BY ORGAN17ATION See Attached Goose aas— Ice Classics long Salmon Classics Mercury Classics tk Number 7-1415 Hain Classics Salmon Ctassics Snow Machine Classics Game type. O owned Raffles 0-L°a'ieO O Donated O owned O Leased O Donated O owned O tensed �- O Donated O owned ❑ Leased O Donated O owned O Leased O Donated O owned O Leased z _ O Donated .. __r_. --- srd tr nano De atraefted AcnvmES co"DUCTED BY OPERATOR a Types) Operatofs License Number m Nae d otxrator ' �calim N/A ACTIVRIES CONDUCTED BY MULTIPLE-BENEFiCIIIARY PERMITTEE Physical Location C'� Number N / A on must plan the net proceeds from gamn9 awviees for poetical, educational. civic. Public. dsarimble. DEMATION OF NET PROCEEDS. The orywan nr�.) in the specs Pr i felt Lwow your orgaNzation intends to use the net paaiotic or religious uses in Alaska. (See statutes and regulatioru specific from awrift activities. Scholarships, Handicapped Lending Library, Youth Camp FOR EACH LOCATION WHERE RAFFLE SALES WILL BE CONDUCTED LOCATION CONTACT TELEPHONE Anchorage Elks Lodge #1351 717 W 3rd Ave Box 100640 Anchorage, AK 99510 Robert Alexander 276-1351 Bristol Bay Elks Lodge #2687 Mi 5 Omholt Subdv Box 477 King Salmon, AK 99613 Chet Osborne 246-4449 Cordova Elks Lodge #1483 Main St Box 59 Cordova, AK 99574 Steve Johnson 424-3218 Eagle River Elks Lodge #2682 17111 N Eagle River Loop Eagle River, Ak 99577 Joel Hembach 696-3557 Fairbanks Elks Lodge #1551 634 5th Ave Box 71427 Fairbanks, AK 99707 Tom Rowinski 456-1551 Haines Elks Lodge #2634 543 Main St Box 29 Haines, AK 99827 Corey Hannon 766-2289 Homer Elks Lodge #2127 215 Jenny Ln Homer, AK 99603 Brent Hedglin 235-2127 Juneau Elks Lodge #420 109 S Franklin Juneau, AK 99801 Bill Lawrence 586-2425 Kenai Elks Lodge #2425 Caviar & Barnacle Way Box 666 Kenai, AK 99611 Steve Stanton 283-7776 Ketchikan Elks Lodge #1429 3522 Tongass Ave Box 5177 Ketchikan, AK 99901 Gregg Williams 225-2280 Kodiak Elks Lodge #1772 104 Marine Way Box 846 Kodiak, AK 99615 Michael Wills 486-1772 PREMISES, STREET ADDRESS, CITY, AND ZIP CODE FOR EACH LOCATION WHERE RAFFLE SALES WILL BE CONDUCTED LOCATION Palmer Elks Lodge #1842 2600 Barry Resort Rd Box 1049 Palmer, AK 99645 Petersburg Elks Lodge #1615 301 N First St Box 609 Petersburg, AK 99833 Seward Elks Lodge #1773 149 4th Ave Box 426 Seward, AK 99664 Sitka Elks Lodge #1662 412 Sawmill Crk Rd Sitka, AK 99835 Skagway Elks Lodge #431 6th & Main Box 416 Skagway, AK 99840 Soldotna Elks Lodge #2706 44640 Parkway Box 2030 Soldotna, AK 99669 Valdez Elks Lodge #2537 339 Fairbanks St Box 1607 Valdez, AK 99686 Wrangell Elks Lodge #1595 Front St Box 377 Wrangell, AK 99929 CONTACT Thomas Logan Joel Randrup Gary Ackerson James Herbert Rodney Fairbanks Jeff Miller Lester Green Jerry Bakeberg TELEPHONE 745-3950 772-4601 224-3158 747-6822 983-2513 262-2706 835-2537 874-3716 ►TiT-iNEe7 a j ► T Zl-I ►T TO: Kenai City Council THRU: Rick Ross, City Manager 044 FROM: Larry Semmens, Finance Director DATE: December 3, 1997 SUBJ: KPB Ordinance 97-73 Amending personal property tax I attended the finance committee meeting of the Borough Assembly December 2, 1997 to find out more about this ordinance. No Council action is needed, this is for information only. Basically the ordinance changes three things. 1. it would exempt all boats from ad velorum personal property tax and tax boats according to a schedule based on length. Boats under 20 feet would be exempt. Boats 20' and over would be taxed from $50 for 25' to $1,000 for boats over 100'. 2. there would be a $100,000 exemption per owner for personal property other than boats and registered motor vehicles. 3. the loss in revenue would be partially offset by an increase in the motor vehicle tax. There are at least two reasons for the change regarding boats. First, it is thought that there are commercial fishing boats leaving the Homer harbor for other ports due to the low tax at other ports compared to Homer. Second, the personal property reporting forms, and the valuation process, are thought to be overly cumbersome and imprecise and fishing boat owners have expressed an interest in a flat tax rather than ad velorum. The projected net loss of revenue to the Borough and Cities for this change is $471,700. The impact to Kenai if the City adopted this change is $12,851. The $100,000 personal property exemption would exempt most of the personal property accounts from taxation. If the Cities all adopted the change there would be less than 250 accounts which would be taxed. This would decrease administrative overhead and allow the Borough to concentrate efforts on the larger accounts. The loss in revenue for the Borough and Cities would be $773,038. The City would lose $35,089. To offset the revenue losses, there would be an increase in the tax paid on motor vehicles. The schedule would be increased about $8 per vehicle. This would generate revenue of $530,443 for the Borough and Cities. Kenai would see an additional $25,681. The total loss to the Borough and Cities if this ordinance passes is $714,296. The net loss to the City would be $22,259 if all changes were adopted by the City. If the City does nothing, and the ordinance passes, we would receive an increase in motor vehicle tax in FY1999. MAKE 23 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: �, /9v % Mayor and Council Fire Department Police Department_ Senior Center 00, Library,e Parks & Rec. 00, AGENDA DISTRIBUTION STP Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Dock STP Official Bulletin Board Fax Assemblymembers KSRM (Attn: Dan Meeks) KBBI (Homer) Kenai Chamber of Commerce EDD Don Hunter, (Daily News/Anchorage) DELIVER Attorney ► City Manager so Finance_ / Public Works I Airport I' Engineer, 4F Library Pks & P&Z Clerk_ Taylor Springer Kebschull I� Kim /' Clarion KDLL Dist. Bd. Betty Miller, BP Jon Little (Daily News/Soldotna) Bill Iles, HEA KVCC Joan McCoy, ARCO Council Packets to Police Department Dispatch desk. The Clarion and KDLL will pick their packet up at City Hall; 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.